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April 30, 2008

Forex Trading “Guru” Sentenced to Prison for Scamming Over $11M

fbi.gov | 4/30/08 | Press Release

SACRAMENTO, Calif.—United States Attorney McGregor W. Scott announced that JOEL NATHAN WARD, 49, of Turlock, California, was sentenced today by United States District Judge Garland E. Burrell, Jr. to nine years in prison for masterminding a Ponzi scheme in which nearly 100 investors lost over $11 million. WARD was also ordered to pay restitution in the amount of $11,275,501.53 and to serve three years of supervised release after the completion of his prison sentence. He was remanded into custody immediately following the sentencing hearing.

This case is the product of an extensive joint investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation Division.

The Commodity Futures Trading Commission, the federal agency that regulates commodity futures and options markets in the United States, has noted the sharp rise and increasing complexity of foreign currency exchange (“forex”) trading scams. WARD, a frequent commentator and seminar speaker on forex trading, ran an elaborate forex trading scam through an investment fund he controlled called the Joel Nathan ForexFund.

According to Assistant United States Attorneys Benjamin B. Wagner and Ellen V. Endrizzi, who prosecuted the case, sentencing documents filed in the case show that WARD offered investors the opportunity to invest in the foreign exchange interbank “spot” market through his fund. Between early 2003 and November 2006, WARD took in over $15 million from investors. Of that, about 85% was diverted to other purposes, including promoting WARD’s business interests, salary, travel and other expenses, and purchasing a foreign exchange trading school in Sacramento called Learn:Forex. WARD also used about $3.7 million to make “Ponzi” payments back to investors who sought to withdraw funds. According to trading records, he only actually traded about $2 million, and lost virtually all of it in the foreign exchange market. WARD concealed his diversion of funds by sending false account statements to investors purporting to show trading profits. He also defrauded investors in a second scheme relating to a purported real estate investment project in Mississippi. Nearly 100 investors lost a total of over $11.3 million.

“Joel Nathan Ward earned every minute of the nine-year sentence the court imposed. He brazenly defrauded scores of victims out of over $11 million,” stated US Attorney Scott.

Several victims spoke during the sentencing hearing, telling the judge about the financial devastation caused by WARD’s conduct, and their hopes for restitution. In sentencing WARD today, Judge Burrell stated that WARD “defrauded many people. He caused losses over $11 million, and many investors suffered devastating losses.”

The defendant had proposed that he be allowed to remain out of prison while he attempted to generate funds to repay investors. In rejecting that plan, Judge Burrell stated that the “magnitude of his crimes, the manner in which the economic crimes were committed and concealed, and the duration of the criminal activities” required a lengthy prison sentence.

SEC Charges Birmingham Mayor and Friends for Undisclosed Payment Scheme in Municipal Bond Deals

sec.gov | 4/30/08 | Press Release

Washington, D.C., April 30, 2008 — The Securities and Exchange Commission today charged Birmingham Mayor Larry Langford and two of his friends in connection with undisclosed payments to Langford related to municipal bond offerings and swap agreement transactions Langford directed on behalf of Jefferson County, Ala. Also charged was the Alabama broker-dealer firm that reaped millions of dollars in fees from the deals.

The SEC alleges that while Langford served as president of the County Commission of Jefferson County, he accepted more than $156,000 in undisclosed cash and benefits over the course of two years from William Blount, the chairman of Blount Parrish & Co, Inc.

Linda Chatman Thomsen, Director of the SEC's Division of Enforcement, said, "Today's enforcement action demonstrates not only our continued commitment to the protection of investors in municipal bonds, but also our intention to vigorously pursue fraudulent conduct related to security-based swap agreements."

David Nelson, Director of the SEC's Miami Regional Office, said, "These defendants engaged in misconduct that defrauded Jefferson County and municipal bond investors. By failing to disclose the payment scheme, they deprived Jefferson County and investors of an objective and impartial bond underwriting process and swap agreement negotiations."

According to the SEC's complaint filed in the U.S. District Court for the Northern District of Alabama, Langford selected Blount Parrish to participate in every Jefferson County municipal bond offering and security-based swap agreement transaction during 2003 and 2004, enabling the firm to collect more than $6.7 million in fees.

Moreover, the SEC alleges, Langford and Blount concealed the payment scheme by using their long-time friend, Albert LaPierre, an Alabama registered political lobbyist, as a conduit.

The case is the SEC's first enforcement action involving security-based swap agreements. A swap agreement is a financial derivative instrument where, for example, an issuer such as Jefferson County agrees to exchange periodic interest rate payments on a specified principal amount of debt with a counterparty. A security-based swap agreement is a type of swap agreement in which a material term is based on the price, yield, value or volatility of any  security, group or index of securities.

The SEC is charging Langford, Blount, and Blount Parrish with antifraud violations of the federal securities laws. LaPierre is charged with aiding and abetting Blount and Blount Parrish's violations.

The SEC's complaint alleges that prior to Langford's election to the County Commission, Blount Parrish had not received any municipal bond business from Jefferson County for years. After Langford won his primary election for the County Commission, however, the SEC alleges that Blount began making payments and conferring other benefits to Langford, funneling funds through LaPierre. The SEC alleges Blount's efforts were rewarded because Langford, who served as president of the County Commission from November 2002 to November 2007, selected Blount Parrish to participate in $6.4 billion worth of Jefferson County bond offerings and swap agreement transactions from March 2003 to December 2004. Blount Parrish's fees for these transactions comprised over 70 percent of the firm's annual revenue during the relevant period, according to the SEC's complaint.

The SEC alleges that of the five municipal bond offerings at issue, Blount Parrish participated as lead or co-underwriter on three municipal bond offerings, and as a remarketing agent on a fourth bond offering. In connection with all five bond offerings, Langford signed the official statements, which were intended to disclose material information to investors, on behalf of Jefferson County. In its role as underwriter or remarketing agent of four of the bond offerings, Blount Parrish reviewed the official statements and distributed those materials to investors in connection with its sale of these securities. The official statements did not disclose Blount's payments to Langford.

The SEC further alleges that Langford directed that Blount Parrish be included in four security-based swap transactions, including a $1.5 billion transaction that was the largest swap transaction in Jefferson County's history. Langford signed letter agreements with the counterparties to the swap transactions representing that Jefferson County had requested and approved fee payments to Blount's firm for services to Jefferson County. Other than the swap counterparties, the fees Blount Parrish received on these swap transactions were substantially larger than those received by other professionals on the deals. However, neither Langford nor Blount disclosed to Jefferson County the payments from Blount to Langford. (Excerpt)

 

A Nation of Enrons

fool.com | 4/30/08 | Seth Jayson

An understatement: We are living through a time of considerable market and economic turmoil. Since we stand to see trillions of dollars' worth of assets vaporize in the ensuing mess, we ought to take a look at history to see how we got into it, and how investors can get out.

Half a decade ago, the entire nation was shocked when award-winning "innovator" Enron turned out to be little more than a cash-shredding pyramid scheme. The crucial failing for investors was Enron's use of opaque, "mark-to-market" accounting. The problem comes when the market is batty (or doesn't exist), so you instead mark your assets to a model, especially one that's wrong, either because you made an error or because you based it on exceedingly generous assumptions.

In the end, we learned that Enron's accounting was pretty much mark-to-fairy-tale, with the company booking enormous gains from assumed future profits on schemes (like bandwidth trading) that sounded great, but had little chance of producing anything besides headlines.

Andy Fastow, meet Fred and Ethel

You might think we'd learned our lessons about fantasy accounting after Enron, but you would be wrong. Things actually got worse. The infection moved to the comfy-sounding "homeownership" market. Against a star-spangled, feel-good backdrop touting the "American Dream," our recent mark-to-model mania tripped up a lot more than one big company. In fact, it swept through the entire banking world. (Lehman Brothers (NYSE: LEH) and Bank of America (NYSE: BAC) were not the first to choke on the bones in those poorly modeled mortgage-backed securities, and I'll eat a Miami condo if they're the last.)

But more dangerous yet was the way this mania also infected millions of aspiring real-estate moguls. The most widespread mark-to-model fantasies were actually committed not by some easy-to-blame Wall Street suit, but by Fred and Ethel down the street.

It was flawed models (and the habit of booking earnings on these models) that enabled financial companies to concoct the elaborate securities that funded the bubble. And yes, the bank CEOs who paid themselves handsome bonuses ahead of the hurricane deserve a public flogging. But they weren't the only ones making out like bandits.

While Wall Street was booking fantasy profits on bad assumptions about real estate, Fred and Ethel down the street were operating under their own mark-to-model dreams.

Really ...

In their model, house prices always go up. In their model, you can pay any price for a home, so long as you can make the monthlies with a teaser-rate ARM, never mind the upcoming adjustment to 9%. In their model, you avoid that via a refinance down the line with an equity cash-out to boot. In their model, it's OK to buy on a lessthan- forthcoming, Alt-A "liar's loan," because there's no real punishment for lying on a mortgage application --particularly if everyone's doing it. With this model, it makes sense to buy three other homes, in order to flip them later. And it makes sense to extract HELOC cash from the home, based on fantasies about continually increasing "equity."

This is not so different from what Enron was doing. Fred and Ethel were marking up the value of their assets (the home) to a model (their belief that real estate prices always go up) and then spending the "income" immediately, on iPods, Hummers, $250 jeans, and fancy vacations. This happened all over the country, and millions of people behaved the same way. In fact, the American Fantasy of owning a home (for no money down) that would provide leveraged, 10% annual returns for a decade, is precisely what enabled those Wall Street suits to do what they did.

It takes two to tango, folks. And this was the biggest dance party in economic history.

Last year's model got ugly

Alas, this dream's "income" wasn't actually matched by real cash flows, just bank loans -- precisely the problem at Enron. The "income" was all hot air. And now that the "income" from home appreciation has turned negative, it must be supported by cash mortgage payments. But many people can't pay those bills, the mortgages are defaulting in huge numbers, and now we are all paying a price, even those of us who didn't throw our money into a flimsy, overpriced McMansion.

Stocks have been creamed. The losses at those companies most directly victimized by their own housing-bubble ineptitude -- Bear Stearns, Thornburg Mortgage (NYSE: TMA), and Merrill Lynch (NYSE: MER) -- are easy to understand. But, of course, the losses have extended much further than that. Even once-proud Crocs and Lululemon Athletica (Nasdaq: LULU) have dropped like rocks, as investors wonder how foam clogs and pricey yoga shirts can be sold to the denizens of Foreclosureville, U.S.A.

And if they can't afford their beloved pricey clothing, what will they buy? That's the thinking that has crushed other trendy togs-sellers like American Eagle Outfitters (NYSE: AEO) and pummeled the companies behind big-ticket

items, such as hotel operators like Marriott International (NYSE: MAR). Consumers are spending less, and we appear to be headed directly into a recession.

So ugly it's cute?

By now, it ought to be clear that I have been, and remain, one of the most vocal econo-bears you will find on these pages. I am certain that systemic failure has steered us into a terrifying run at the ditch, to be followed by a painful, protracted rough patch. It was all spawned by greed gone amok on Wall Street and Main Street. Yet I believe history will prove this to be one of the best times to have invested in stocks, especially attractive-priced small caps. Here's why:

● The market is in panic mode, and when markets panic, no one's thinking.

● Small caps have been crushed more than the rest of the market, as investors seek "safe" large caps.

● Over time, value-priced small caps produce some of the most amazing returns in the market. Really.

● There are loads of small caps out there poised for years, if not decades, of fantastic growth, but the market

is pricing them as if they are dead and buried.

The not-so dead and buried

Take oven-maker extraordinaire Middleby, down nearly 20% so far this year, despite amazing returns on equity and capital, and its leading position in a megatrend -- the global move toward dining out. Or consider the abovementioned American Eagle, which has a strong and growing brand, a solid balance sheet, yet is priced for a decade of subpar growth. Yes, the uncertainty ahead means a rough ride, and some of the small caps out there won't survive, which is why, at Motley Fool Hidden Gems, we advise opportunistic buying of cash-strong companies, long-term holds, and, above all, a steady temperament.

At Gems, we're on the dig, 24-7, for solid small caps with the capital to survive the downturn, and the superior  businesses destined for major growth once things turn -- and they always do. In the next issue, we'll be reviewing the recommendations and finding the best bargains for new money.

If you'd like to take advantage of the market's panic and lay the groundwork for some great future gains, a free trial is just a click away.

Thomasville Church Treasurer Charged With Embezzlement

digtriad.com | 4/30/08 | Staff Writer

Thomasville, NC -- The former treasurer of a Davidson County church is facing embezzlement charges. Teresa Swartz of Thomasville was arrested Tuesday in connection with the disappearance of $104,521 from the Mt. Pleasant United Methodist Church.

Church leaders and investigators from the Davidson County Sheriff's Department reviewed the church's accounting records. They discovered a discrepancy and found unauthorized checks being written by Swartz between January 2002 and December 2007.

Swartz turned herself into detectives on Tuesday and has been charged with one count of Embezzlement In Excess of $100,000. She has been released on bond and is expected in court on May 28.

Bookkeeper sentenced in Novato embezzlement case

marinij.com | 4/29/08 | Gary Klein

A 34-year-old bookkeeper was sentenced to one year in jail for embezzling more than $180,000 from a Novato construction company, the district attorney's office said.

Kristy Lynn Gordon, a Napa resident, was also sentenced to five years of probation and restitution, said Deputy District Attorney Shawn Spaulding.

Gordon was arrested in February after her employer, Tarrant Construction Inc. of Bel Marin Keys, told police it suspected the bookkeeper of stealing company funds. Police said the embezzlement started in 1999.

Gordon pleaded guilty last month to two counts of embezzlement and one count of identity theft, Spaulding said. Gordon was sentenced Monday before Judge John Sutro.

April 29, 2008

Ex-HealthSouth CFO's lawyers told to produce docs

reuters.com  | 4/29/08 | Kim Dixon

WASHINGTON, April 29 (Reuters) - A U.S. judge on Tuesday ordered lawyers representing a former chief financial officer of HealthSouth Corp to turn over documents to investment bank UBS AG. 

Michael D. Martin, a former chief financial officer at HealthSouth, has said he told UBS employees of a massive accounting fraud, which later prompted a federal investigation and a management upheaval at the rehabilitation health chain.

The U.S. District Court for the District of Columbia granted UBS's motion to force Martin's lawyers at the firm of Steptoe & Johnson to provide certain documents to the bank. UBS is seeking notes from Martin's lawyers about meetings with agents from the Federal Bureau of Investigation.

As HealthSouth's investment bank, UBS has been accused by investors are knowing about the multibillion dollar accounting fraud. Bondholders and shareholders have sued UBS in securities class action suits.

The court said UBS had argued that the civil litigation claims rest on Martin's testimony, and he is the only witness who has testified to personal knowledge that anyone from UBS was aware of any aspect of the HealthSouth accounting fraud.

HealthSouth is still recovering from a multibillion-dollar accounting fraud that led to the ouster of its founder and chief executive, a Securities and Exchange Commission probe and restatement of several years of earnings.

Founder Richard Scrushy was acquitted in 2005 in a criminal accounting case, but was ordered to pay $10 million last year to shareholders.

He had already agreed to pay $71 million to settle charges that he directed the company to overstate revenues by at least $2.6 billion.

Appraisal Fraud & Abuse: Learning from the Last Mortgage Crisis to Address Today’s Problems

nationalmortgagenews.com | 4/29/08 | Thomas Inserra

The last mortgage crisis in the U.S. occurred from 1980 to 1995 and involved the failure of 2,912 federally insured financial institutions with combined assets of $924 billion.  In an FDIC report prepared afterward, the agency noted that most of the assets of the failed financial institutions were “… secured by real estate mortgages and their disposition was hampered by a nationwide decline in real estate markets.”

 

Congressional testimony and hearings concluded that fraud and abuses in the appraisal process were a contributing factor to the last crisis.

Among the worst losses at that time were incidents where lenders were found to have bribed, coerced or improperly influenced appraisers in property flipping scams where parties repeatedly sold property back and forth to artificially inflate its true value. These incidents demonstrated a breakdown in the appraisal process and compromised appraiser independence.

In a more recent 2007 survey, 90% of today’s appraisers have reported that lenders have improperly attempted to influence the independent conclusions of appraisers. Although pressure exerted by loan officers and mortgage brokers was originally thought to have been an isolated issue, this national survey points to a potential industrywide problem, a more recent replay in the breakdown of the appraisal process and further compromise of appraiser independence.

To address the earlier crisis, a new corporation was formed in 1989, funded by the government and given the name of the Resolution Trust Corp. The mission of the RTC and its 8,614 employees recruited from the private sector was to recover as much money as possible for taxpayers, and resolve the crisis. The RTC managed 747 financial institutions with $402.6 billion in assets. In comparison, Citicorp the largest U.S. bank had $162 billion in assets at the time.

Currently, Congress is now debating measures and attempting to determine if similar action will be necessary to solve this current mortgage emergency.

The Financial Institutions Reform, Recovery, and Enforcement Act of 1989 created the RTC and established new mortgage lending policies. Armed with new legislation, federal regulators required all lenders, including those that sold mortgages on the secondary market, to observe new policies known as the Federal Interagency Appraisal Regulations.

These new regulations required that appraisals be prepared by an independent and unbiased licensed or certified appraiser. All 50 states were required to adopt new appraiser licensing laws and all appraisals were required to be prepared in accordance with the Uniform Standards of Professional Appraisal Practice.

In a recent 2007 investigation on appraisal practices, New York attorney general Andrew Cuomo discovered “… serious questions of conflicts of interest, negligence and errors [and] new policies safeguarding appraisal independence and bona-fide valuations must be established.”

Look for more on this in future editions, which will summarize sweeping new appraiser independence policies affecting all lenders.

Deloitte: Volunteerism Leads to Tangible Gains

smartpros.com | 4/29/08 | Staff Writer

April 29, 2008 (SmartPros) — Skills-based volunteerism is a powerful and cost-effective professional development tool, yet very few companies are leveraging volunteer programs for this purpose, according to a survey by Deloitte.

The national 2008 Volunteer IMPACT Survey of Fortune 500 human resource managers found that, while training and development is perceived as vital to corporate success, many managers are laboring under shrinking or flat budgets, underscoring the need for cost-effective innovation. One solution could be found in an unlikely place — the company's volunteer program.

Fully 91 percent of respondents agree that skills-based volunteering (which involves the contribution of business knowledge and experience to help nonprofits increase their capacity) would add value to training and development programs, particularly as it relates to fostering business and leadership skills.

However, only 16 percent make it a regular practice to intentionally offer these opportunities for employee development, suggesting a missed opportunity to boost learning in a way that offers substantial benefits.

"Talent development is one of the most critical priorities facing corporate America today," said Barry Salzberg, chief executive officer, Deloitte LLP. "By intentionally linking two often unconnected areas like community involvement and training, innovative companies can meet strategic business goals, save money and, at the same time, release new resources for the community. It's powerful."

According to the American Society of Training and Development, corporate America invests heavily in training and development, spending more than $100 billion a year.

Deloitte's survey revealed that the slowing economy and threat of a talent shortage are placing increased pressure on talent development programs, often without added financial resources. Eighty-seven percent of human resource managers surveyed agreed that their company's training and development program is under pressure to develop the next generation of leaders, yet 70 percent indicated that their budget either remained flat or decreased over last year. Skills-based volunteer activities are perceived as a cost-effective development option; only 2 percent of total respondents believe that incorporating skills-based volunteering into talent development programs would cost more than traditional training and development options. 

"Skills-based volunteer programs provide valuable experiential learning opportunities for employees that build business and leadership skills without the expense often associated with traditional corporate training programs," said Evan Hochberg, national director of community involvement, Deloitte Services LP. "As leading companies become adept at leveraging their community investments to drive key business goals, corporate community involvement programs will be positioned to deliver more business value and social impact."

However, the benefits of incorporating skills-based volunteerism into corporate training and development programs remain largely unrealized. The survey found that even in those companies that do offer skills-based volunteer opportunities, they are generally not viewed as a strategic business tool. In fact, among HR professionals who agree that skills-based volunteering is an effective way to further develop leadership skills, only 13 percent offer it to all employees.

"Corporate America has yet to fully tap the benefits of integrating skills-based volunteerism into talent development strategies and programs," said Susan Burnett, national director of talent development, Deloitte Services LP. "With a focus on learning and development, a volunteer role can become a stretch assignment that develops leadership and client service skills that benefit the volunteer organization, the employee and their company. This will be a priority for Deloitte as we ‘refresh' our talent development agenda."

Fraud Charges Against Block Brokerage Dismissed

smartpros.com | 4/28/08 | Mark Davis

April 28, 2008 (The Kansas City Star, Mo.) — Regulators dismissed 3.5-year-old civil fraud charges today against the brokerage business of H&R Block that arose from its sales of Enron Corp. bonds to investors shortly before its spectacular 2001 failure.

"Today's decision fully vindicates our firm and financial advisers," Block said in a statement. The 56-page dismissal came from the Financial Industry Regulatory Authority, successor to the NASD that had brought the charges in November 2004.

Those charges claimed H&R Block Financial Advisors Inc. had failed to disclose the bonds' risks, including credit ratings downgrades, Enron's earnings restatements, a Securities and Exchange Commission investigation of Enron, and Enron's warning that it might not be able to continue as a going concern.

Block had denied the charges at the time and requested a hearing, which took place in three states over 24 days from May 2006 and August 2007.  A Financial Industry Regulatory Authority statement today said a hearing panel found that enforcement officials failed to show "by a preponderance of evidence" that Block brokers had "misrepresented or omitted material facts" when selling the Enron bonds to investors.

The Financial Industry Regulatory Authority also dismissed its charges that H&R Block Financial Advisors had failed to implement adequate supervisory systems and procedures.

The NASD brought the charges after reviewing consumer complaints in 2003.

More than 800 Block Financial customers had purchased $16.4 million of Enron bonds in the month before the company's Dec. 2, 2001, bankruptcy filing. Enron failed amid one of the nation's largest corporate scandals, which helped trigger new accounting and financial reporting requirements.

Oregon officials quit over ethics rules

latimes.com | 4/27/08 | Stuart Glascock

Help wanted: public servants willing to disclose major sources of income, business interests, real estate holdings and the names of their adult relatives.  Sayonara and good luck with that, said some 150 elected and appointed Oregon officeholders who walked away from their public service gigs this month rather than disclose personal data. Many said they were particularly disturbed by the new requirement -- apparently unique to Oregon -- that they name so many family members.  Resignations struck dozens of cities.

In rural eastern Oregon, the revolt against the state's new conflict-of-interest disclosure law obliterated some city governments.

In Elgin, the mayor, all six City Council members and all five planning commissioners opted to quit rather than file. Lexington lost its entire council, Enterprise its five-member Planning Commission. Banks lost four council members, North Powder three; Rogue River, Umatilla and Stanfield lost two each.

Roger Stover, a 14-year Elgin councilman, cited privacy as his reason for resigning. The required forms, he

said, would have tied his "whole family together" in one place like no other easily available public record.

Triggering the upheaval is this change in Oregon law: For nearly 35 years, many public officials had to

file Statements of Economic Interest that disclosed officeholders' sources of income, property holdings

and business interests. But 97 communities had been exempt from it. Last year, the Legislature voted to end

those exemptions -- and expanded the law to include a provision calling for the naming of all adult relatives.

The law now applies to about 5,000 officeholders -- mayors, city council members, planning commissioners,

school district superintendents and financial officers -- said Ron Bersin, executive director of the

Oregon Government Ethics Commission. The deadline for submitting information was April 15, and 150 officials

had not filed, in effect notifying the agency that they were resigning, Bersin said.

"This law reflects the public's concern for transparency and accountability in government," he said. "The

public wants to know if decisions you are making benefit you personally."

Still, no other state's disclosure laws sweep as broadly, said Peggy Kerns, director of the National Conference

of State Legislatures' Ethics Center in Denver.

"The purpose of these financial disclosure laws is so the public knows where a lawmaker's income comes

from," Kerns said. "Every locale has to decide how deep it goes into a family. Some states require just

the lawmaker. Others require the lawmaker and spouse. In comparison to what other states do, [Oregon's]

is broader."

Robert Stern, co-author of California's Political Reform Act and president of the Center for Governmental Studies

in Los Angeles, also said Oregon's requirement to name family members reaches further than other states.

Stern said that California requires the same degree of financial disclosure that Oregon does, but not the naming

of relatives. "You have to disclose assets of one's spouse and dependent children, but you don't have to

name them," Stern said.

By far, those officials who resigned objected most stringently to being asked to list their adult relatives, said

Scott Winkels, an intergovernmental relations associate at the League of Oregon Cities.

"We support a strong ethics policy, but our concern is that the requirement to report names of family members

is simply intrusive," Winkels said.

No one anticipated the widespread resignations, he said. Oregon law designed to maintain local

governments during emergencies is being tested for the first time, he said.

"Business in some cities has ground to a halt," Winkels said

His organization is working with the governor and the Legislature to "ameliorate some of the

unintended consequence of ethics reforms," he said.

Bersin thinks it's still too soon to judge.

"It's premature to say how long the effect [of the vacancies] is going to be," Bersin said. "There may be

several applicants standing in line to take the positions."

Basic city services -- water, power, police, and fire -- are being managed as usual, but no new decisions can

be made until council majorities are formed. To fill voids, county commissioners will appoint enough

council members to make quorums.

New public servants are needed all over the state -- from the coast to the Cascades to eastern farm and

logging communities. Public officials resigned over the disclosure forms in Canyon City, Keizer, Sweet

Home, Harrisburg, Monmouth, Tangent, Pilot Rock, Prairie City and Summerville.

Officials are scrambling. City managers are circulating ads for replacements.

April 27, 2008

Three get prison time for mortage fraud

bizjournals.com | 4/25/08 | Staff Writer

The three people who organized a $37 million mortgage fraud scheme surrounding condominiums in South Beach were sentenced to prison time on Thursday, the U.S attorney's office said.

U.S. District Judge Jose E. Martinez sentenced Richard Weldon Chowder II, owner of America's Best Mortgage Services in Coconut Creek, to nine years in prison; former title attorney Gary Mills, who owned Deerfield Beach-based Four Star Title, to 46 months; and former Wachovia loan officer Karen Lynn Sullivan to 50 months.

The U.S. attorney's office said Crowder recruited buyers for residential  properties, including 17 luxury condos in South Beach, telling them he could obtain no-money-down financing for their purchases. He then would apply for equity lines of credit with Wachovia on their behalf.

To induce Wachovia to issue the credit, Crowder and Mills prepared fake HUD-1 settlement forms, stating the buyers already owned the properties and significantly understating the amount of the first mortgages on the properties. The fraudulent forms were then given to Sullivan, who used them to facilitate the credits.

That credit was used to make down payments on first mortgages for the same units, and was also filed  with false information. The mortgages on the South Beach units totaled $37 million.

The defendants are scheduled to appear in court on May 29 for a hearing to determine the restitution they must pay to the victims.

Accountant Guilty of Helping CEO Commit Fraud

cfo.com | 4/25/08 | Staff Writer

A former financial executive has admitted her role in a fraud that resulted in the bankruptcy of a now-defunct bottled drinks maker.  Tammy Andreycak, who was director of accounting for Le-Nature's Inc., pleaded guilty in federal court in Pittsburgh to charges of bank fraud, wire fraud, conspiracy, and preparating false income tax returns, all between 2003 and the company’s bankruptcy in late 2006. She is the first to be prosecuted in the scheme.

Andreycak, who agreed to cooperate with the government’s investigation, is scheduled to be sentenced on July 24. She faces up to 58 years in prison and a $1.75 million fine. She was released on $100,000 unsecured bond."The Le-Nature's company was falsely portrayed in financial statements and presentations to financial institutions as a successful, growing business,” said United States Attorney Mary Beth Buchanan. "Victims misled by this massive scheme were defrauded of sums that we anticipate will exceed $500 million."

Andreycak was accused of creating false accounting records at the direction of Le-Nature's CEO.

Fictitious sales, expenses, and assets creating the appearance that the company was financially robust were recorded in books kept separately from those used for actual business activity. The false records were supplied to accountants and used to prepare the company's audited financial statements and tax returns.

But instead of being financially strong, Le-Nature’s was struggling to pay its bills and depending on ever-increasing extensions of credit to remain afloat. In fact, of the $287 million in sales reported for 2005, nearly $247 million were fabricated, documented by both false invoices and false deposit records, according to Buchanan.

According to a press release, Le-Nature's management used the phony financial data compiled by Andreycak to defraud lenders, including Wachovia Bank and AIG Capital Equipment Finance.

Between these two, losses amounted to approximately $305 million.

MB Financial uncovers fraud, sets aside more for losses

chicagotribune.com  | 4/26/08 | Becky Yerak

MB Financial Inc. stock closed down 8.6 percent Friday after the Chicago-based bank holding company was socked by a fivefold increase in the amount of money set aside to cover potential loan losses, contributing to a 68 percent drop in first-quarter earnings.

The parent of MB Financial Bank cited two commercial loans where it believes fraud occurred. But after an internal review, the $8.09-billion asset company found that a commercial and industrial loan unit hadn't followed the bank's monitoring and reporting procedures, and that caused MB to identify three additional commercial credits as "potential problem" loans.

In the latest quarter, MB made a loan-loss provision of $22.5 million, up from the year-ago quarter's $3.8 million set aside for potential bad loans. That provision comes right off the lender's pretax earnings.

"An otherwise good quarter was severely impacted by what we believe is a onetime event," Chief Executive Mitchell Feiger said in a conference call Friday.

The larger fraud was discovered in mid-March.

"We learned that a customer was falsifying various reports submitted to our bank," he said.  Typically, a bank has procedures in place to prevent or detect such occurrences.

"Investigation into this fraud revealed that personnel in our loan division knew or should have known that the report submitted was incorrect," he said. "If the loan division followed procedures, this customer deception would have been discovered early, or at least earlier, and the loss incurred would likely have been less or perhaps even non-existent."

Alarmed by the two fraudulent loans, MB did a more thorough review of all that particular unit's loans, which total about $200 million, and found that monitoring and reporting procedures weren't followed "on only three additional credits, allowing those loans to deteriorate to potential problem loan status," Feiger said.

The three loans total $42.5 million and are current on their interest and principal.

"These are significant companies and there is good reason to believe that all three will work out fine," he said. But "we felt that because of the sequence of events and the current financial status of the borrowers, caution and conservatism are in order," and so the three were added to the list of potential problem loans.

The problem gave a glimpse into how banks' underwriting and loan monitoring systems must work in tandem. Without loan monitoring, banks would make only loans with virtually no risk of default. But with an effective daily monitoring system, banks are willing to make riskier— and more profitable—loans because they can intervene early when problems arise.

"We had difficulty because our underwriting process presumed that this division was performing the appropriate monitoring when in fact they were not, either intentionally or unintentionally," Feiger said.

How to Nab the Rogues: 10 Fraud Tips

cfo.com | 1/30/08 | David M. Katz

With recession looming larger with each passing day, fraud is ever more likely to rear its ugly head. Unlike the last recessionary period beginning in late 2001, today's fraudsters are more likely to come from middle management than the C-suite. What happened to change things in the intervening years? Section 404 of the Sarbanes-Oxley Act of 2002.

Since then, chief executives, CFOs, and other managers have learned that their jobs are on the line if they violate the famed internal controls-provision of Sarbox, says Yigal Rechtman, head of the forensic accounting department for Buchbinder, Tunick, and Company, an audit firm. As a result, corporations have become saturated with "a false sense of security because c-level executives and the board are trained to talk Sarbanes-Oxley."

What's more, the compensation of top management of many companies has risen so strongly since the last recession that they have simply too much to lose to commit the kind of fraud that the top execs of Enron, WorldCom, and so many other companies committed around the turn of the century, the fraud sleuth reasons. Not so for middle management, where compensation has remained stagnant and recession and decreasing home prices represent serious threat. "Middle management is the first place where management overrides will happen," he says.

Thus, the focus of frauds will shift from earnings per share and stock options — the typical obsessions of top managements — to productivity and commissions, more the province of the mid-level worker, Rechtman says, noting that inventory and payroll misdeeds may soon be on the rise. How senior executives take a bite out of crime? The forensic investigator offers the following 10 suggestions:

•Avoid reliance on budgets. Since budgets are a prime place that wrongdoers can hide excessive spending, they're a good place to sniff out fraud, right? Wrong. Budgets tend to inflate, making it hard for management to spot telltale signs by comparing budget from year:  on a year's padded expense account becomes next year's norm. Budgets are also composites of aggregated numbers, showing little of how those numbers were calculated. "Don’t use the budget as a control," says Rechtman. "It's good for performance measures, but not for detecting fraud."

• Install an anonymous tip line. Whistleblowers are unlikely to leave a message, so their lifeline should be one provided by a third-party service in which real people answer the phone — not a company voicemail. Also: To prosecute a fraud, there must be a reasonable cause, and a tape recording is a weak one, says Rechtman.

• Conduct seminars about workplace fraud. Educational efforts should stress the message to employees that their annual bonuses and raises are tied directly to the health of the company, which in turn is tied to preventing fraud. Many frauds are discovered by accident, and employees should know what to do if they stumble upon it.

• Get credit reports on employees. Employers should "definitely" get reports on workers' borrowings before they're hired and consider making periodic provision of them a condition of continued employment, says Rechtman. Credit reports provide employers with some idea of the ratio of an employee's spending habits to his or her income. A particular "red flag" of fraud risk is a large amount of pressure on an employee to maintain a rich lifestyle. In such cases, an employer might decide to minimize an employee's responsibility for collecting checks and similar risky areas.

• Talk with auditors about fraud risks at the start of the fiscal year. Employers should ask their independent auditors for their assessment of the areas of potential fraud in the company. "Auditors are not required to find fraud, but are required to look for it," Rechtman notes. "Ask your auditor where . . . a fraud could happen, and then go look for it yourself."

• Perform an annual review of vendors and service providers. Reviewers should focus on new sellers and outside advisers, with an eye trained on unfamiliar product names and acronyms and post-office-box addresses: all reasons to dig further into fraud risk. Tax identification numbers (especially ones with all the same digits) of vendors should be checked — especially ones that don't have them. Be especially suspicious of vendor addresses that can be matched to employees, because the employee could be setting up a fictitious vendor in an attempt to commit fraud.

• Apply "Benford's Law." Also known as the "first-digit law," Benford's Law states that in lists of numbers, the leading digit is 1 almost one third of the time. What's more larger numbers — 2,3,4, etc. — appear as the leading digit less often as they grow larger. Counterintuitively — you'd tend to think that all single digits would have an equal shot to appear in the first slot — the law holds that the number 9 has the least chance (4.6 percent) to appear in the first slot.  Keeping this dictum in mind can be a great help in spotting anomalies in check numbers and payroll statements.

• Break the fraud chain. Although it makes sense to give the most fraud-sensitive work to the most reliable employees, this practice also creates the highest concentration of fraud risk, notes the investigator. To avoid a situation in which a finance executive, for instance, authorizes checks, executes payments, and holds on to supporting documents, have at least two, or even three people responsible for those functions, according to Rechtman. A particularly ripe area for such fraud: wiring cash, which is a situation in which an employee deals directly with a bank with no intervening controls.

• Surprise 'em. At the beginning of a new year or at year's end, company managers should plan when unexpected audits or tests should be done and who should perform them. Internal auditors or quality-assurance employees might be best at this, notes Rechtman, and casinos often use audit firms to perform the function. Sometimes, it's a good idea to discuss the surprise audits beforehand.

•Do it now. It's important to take at least one specific anti-fraud measure as soon as possible in order to battle a false sense of security, given the widespread risk of fraud. "Just reading this list is already a step in the right direction," Rechtman says of the above.

Scandal-Plagued Samsung Chairman Quits

businessweek.com | 4/22/08 | Moon Ilhwan

It was one of the most stunning scenes in the history of South Korean business. Standing in front of reporters packing a basement conference room at Samsung's Seoul headquarters on the morning of Apr. 22, Lee Kun Hee, for decades the most powerful businessman in the country, announced his resignation as chairman of Korea's largest conglomerate, the Samsung Group, and chairman and co-CEO of Samsung Electronics, the world's largest maker of memory chips, liquid-crystal-display panels and TVs, and the second-largest cell-phone maker only after Nokia (NOK). Bowing deeply, Lee apologized to the nation for corporate governance problems that have been the focus of investigators for more than three months. "I'll take responsibility for all the flaws of the past," said the disgraced chairman, who was charged last week (BusinessWeek.com, 4/17/08) by a special prosecutor with tax evasion and breach of fiduciary trust.

Yet investors and longtime watchers of Korea's chaebol, or conglomerates, responded with a relative calm over the unexpected resignation. "I don't think there will be a fundamental change in Samsung," said Ahn Young Hoe, chief investment officer at Seoul-based fund manager KTB Asset Management, which owns some  $500 million in Samsung Electronics. "Lee Kun Hee will remain as a major shareholder and his family will wield influence in one way or another."

Perhaps reflecting such sentiments, Samsung Electronics shares stayed little changed, closing 0.1% higher at $678 on Apr 22. In fact, the stock has risen 20.5% so far this year against a 5.8% fall in the benchmark Kospi index on the Seoul bourse, as investors have believed the probe into Samsung could improve the company's independent management from the group while not affecting its finances. Although Lee Kun Hee is the chairman, management of the electronics unit has been firmly in the hands of respected Vice-Chairman and Chief Executive Yun Jong Yong and his team of talented professional managers who have steered  the company's rise.

Shareholder activists have criticized the 66-year-old Lee and his relatives for what the activists assert is the Lee family's near-absolute control of Samsung's 59 affiliates ranging from insurance and credit-card services to shipbuilding and chipmaking, even though the Lees only have a sliver of shares of the group. The family managed to retain the tight grip because reforms in the past decade have tackled accounting and governance in listed companies but have done little to limit the founding family's control via tangled cross-shareholdings of affiliates, some of them held privately.

Critics of Samsung acknowledge Lee's resignation and other reform steps could open the way to improving Samsung's governance system. Samsung will disband the powerful Strategic Planning Office, or SPO, which prosecutors have alleged arranged illegal business deals to benefit the Lee family at the expense of other shareholders. Chairman Lee's son, Lee Jae Yong, an heir apparent, will step down as Samsung Electronics' chief customer officer and will stay overseas for building up experiences, according to Samsung officials.

Special prosecutor Cho Joon Woong on Apr. 17 accused the SPO of arranging an illegal 1996 transaction to give the junior Lee, who turns 40 in June, and his sister a combined 64% stake in Samsung Everland, which was later made a de-facto holding company of Samsung Group. Lee Jae Yong and his three sisters paid $9.9 million to exercise warrants converting bonds they held into shares of Everland, an unlisted amusement park and real estate company, at just one-eleventh of the market value.

Then in a private placement, Everland allegedly was able to buy 18.4% of shares in unlisted SamsungLife Insurance that had once belonged to the founder, Lee Kun Hee's father, but had been transferred into  accounts controlled by Samsung executives. Samsung Life, in turn, owns 7.3% of Samsung Electronics.  Therefore by controlling Everland, Lee Jae Yong now controls the biggest block of shares in the electronics giant.

Cho also accused Lee Kun Hee of owning some $4.5 billion worth of stock in Samsung Life, Samsung Electronics and other companies that were hidden in nearly 1,200 brokerage accounts in the name of former and current executives. Such holdings, prosecutors say, were kept secret to avoid paying hefty taxes.

Samsung officials say those shares, which were held that way to help Lee protect his management rights, will now be held under the name of Lee, who will pay taxes that were avoided.

Samsung execs say the reform measures announced Apr. 22 are "just the beginning" to make group companies more transparent and independent. "We will actively pursue changes if there are such needs in the future," says Vice Chairman Lee Hak Soo, head of the SPO, who also vowed to step down by the end of June.

Some activists argue the reforms fall short of guaranteeing the prevention of the family's return. "The problem is the son can always be elevated to the chairman and assume near-absolute control unless a system is built to guard against such practices," says Korean National Open University economist Kim Ki Won, who has studied the chaebol for two decades. "My hunch is that there's only a 30% chance of Samsung achieving a good governance system in view of the lack of reference to the son's illegally earned benefits."

Others, though, are more hopeful. "I respect today's move by Chairman Lee, who unlike other chaebol chiefs, personally took responsibility for wrongdoings," says Jang Ha Sung, dean of Business Administration College at Korea University and a longtime promoter of shareholder rights. "What's still needed is to build a sustainable system enforcing transparency and accountability."

Fraud costs military health program $100 million-plus

ap.google.com | 4/26/08 | Ryan J. Foley

MADISON, Wis. (AP) — The U.S. military's health insurance program has been swindled out of more than $100 million over the past decade in the Philippines, where doctors, hospitals and clinics have conspired with American veterans to submit bogus claims, according to prosecutors and court records.

Seventeen people have been convicted so far — including at least a dozen U. S. military retirees — in a little-noticed investigation that has been handled by federal prosecutors out of Wisconsin because a Madison company holds the contract to process many of the claims. It has not been accused of any wrongdoing.

At the center of the case is Tricare, a Pentagon-run program that insures 9.2 million current and former service members and dependents worldwide. The United States closed its military bases in the Philippines in 1992 and withdrew its active-duty forces, but thousands of retirees remained. Some saw an opportunity to pry easy cash from Tricare.

Health care providers in the Philippines filed claims for medical services never delivered, inflated claims by as much as 2,000 percent and shared kickbacks with retirees who played along, court records reviewed by The Associated Press show.

"There just seemed to be so many possibilities for abuse of the system, and there were so few controls in terms of monitoring," said former U.S. Attorney Peg Lautenschlager, who oversaw prosecutions in the late 1990s.

Pentagon auditors say Tricare moved slowly to uncover and stop the fraud.

And a February audit warned that the program is still vulnerable to rip-offs because of lax controls and that similar fraud schemes are starting to emerge in Latin America.

News of the scope of the fraud comes as the Pentagon seeks to raise fees for Tricare's beneficiaries — fourfold, in some cases. The proposed increases have outraged groups representing servicemen and have been blocked by Congress.

Tricare paid $210.9 million in overseas claims in 2006, the latest year for which figures were available. At the height of the fraud in 2003, Pentagon officials say, two-thirds of the $61.8 million paid to Philippine providers — about $40 million — was fraudulent.The fraud in the Philippines was so extensive that the number of claims filed there skyrocketed nearly 2,000 percent between 1998 and 2003 even as beneficiaries there

— about 9,000 mostly retired military members and dependents — remained constant.

"I know this is illegal and wrong to submit fraudulent claims to get money, but I did it for fun," U.S. Navy retiree Romulo Estoesta told investigators. He died in 2002.

Austin Camacho, a spokesman for the Pentagon's Tricare Management Activity, which runs the program, said the fraud has been hard to prove because of language barriers, a lack of cooperation from providers and limited law enforcement resources. But he said the agency added numerous controls and is making every effort to stop fraud.

In one big case, prosecutors say Health Visions Corp. — which owns hospitals and clinics in the Philippines — bilked the program out of nearly $100 million from 1998 to 2004.

Its former president, Thomas Lutz, has pleaded guilty to his role in a kickback scheme and could get five years in prison. He could be sentenced in Madison as early as Thursday. The company has also reached a plea agreement, but it is sealed.

Prosecutors say Health Visions executives instructed billers to inflate every claim by at least 233 percent and falsify diagnoses. Lutz refused to comment when reached by telephone in Columbia, Mo., where he is living with relatives.

The company's lawyer had no comment.

Pentagon officials received fraud allegations against the company in 2000 but waited until late 2005 to move to cut off payments, according to an internal audit report. The company reaped tens of millions of dollars in payments in the meantime.

In a 2005 memo, William Winkenwerder, then assistant secretary of defense for health affairs, complained that his requests to send additional investigators to the Philippines were ignored.

The fraud went well beyond Health Visions. A Pentagon official warned in 2004 that the Philippine schemes were costing U.S. taxpayers $40 million a year.

In all, those convicted have been ordered to pay back only about $1.8 million.

Assistant U.S. Attorney Peter Jarosz said of the 37 people indicted, about 20 remain free, in part because requests to extradite suspects from the Philippines have rarely succeeded.

Claro de Castro, chief of the Philippine National Bureau of Investigation's Interpol division, insisted Philippine authorities have cooperated with the U.S.

Nevertheless, federal agents have resorted to trying to capture defendants when they step on U.S. soil.

Dr. Diogenes Dionisio, who ran a clinic near Manila, was arrested earlier this year after he arrived in Guam for a vacation. He has pleaded not guilty to submitting $2 million in fraudulent claims. His lawyer, Charles Giesen, said his client was never notified he was facing indictment.

"He was getting off the plane with his golf clubs and they put him in handcuffs," Giesen said. "It was a complete surprise and somewhat baffling."

April 23, 2008

Business Busts Pose Risk for Lawyers, Accountants

law.com | 4/23/08 |The National Law Journal

The past decade has seen a significant rise in lawsuits brought by bankruptcy trustees or receivers against an insolvent company's former accountants and attorneys. Trustees and receivers presiding over the estate of a failed company victimized by -- or, more often, utilized for -- fraud or other misconduct are now routinely looking to causes of actions against the debtor's professionals as the estate's primary, if not the only,  assets.

Questioned about the recent rise, one often-appointed federal receiver, Lewis B. Freeman, offered two explanations in a recent discussion with the author: "That's where the money is" and, in the recent years of "growth at any cost, some lawyers and accountants have put growth and billing before quality and ethics."

This article reviews a sample of such actions and considers how courts and litigants are responding to them -- including the in pari delicto doctrine against plaintiffs recovering for their own wrongdoing, and the mixed reviews being given to "deepening insolvency" as a cause of action. The article also will look at the ways professionals (and their insurance companies) are dealing with the potentially increased exposure.

PROTECTING ONESELF

Given the number of actions against professionals by bankruptcy trustees and the uncertainty that exists as to the viability of causes of action and affirmative defenses, what should professionals do to protect themselves from being targeted for such an action?

The Attorney's Liability Assurance Society Inc. (ALAS), a leading mutual insurance company for law firms, has advised that "the key is to look for red flags" during the course of the engagement. Brian J. Redding and Deborah G. Shortridge, "The "Zone of Insolvency," "Deepening Insolvency" and "Lawyer Liability -- Where Are We and Where Might We Be Going?" ALAS Loss Prevention J. (Fall 2004).

For example:

• Is there anything that suggests that there might be something wrong here?

• Is this transaction with an affiliated entity?

• Is the author of the appraisal or fairness opinion someone closely connected to the transferor?

• Are outdated financials being used?

• Are relevant factors not discussed in the fairness opinion?

• Is the transaction one that qualifies as self-dealing on the part of the controlling shareholder?

• Are there indications that the sale price seems to be a bargain for the purchaser?

If these or other indications of problems exist, the lawyers need to stop and ask questions, if not as a matter of law, then at least as a matter of prudence and good loss prevention.

In short, the best protection for the professional seems to be continued ethical vigilance, and a steadfast enforced commitment to avoiding risk, even at the cost of losing a client. Particularly in today's litigious climate and the economic downturn, losing a client because of a commitment to high professional standards may benefit the law firm or accountant in the long run. Even if the professional would ultimately prevail against a claim by the trustee, the economic, business and reputational costs of defending such a claim are likely to be significantly greater than the business of any single client.

Worker sentenced for embezzlement

rutlandherald.com | 4/22/08 | Staff Writer

A former postal worker from Readsboro has been sentenced to six months of house arrest in an embezzlement scheme, according to federal prosecutors.

 

Rita Bolognani, 48, was sentenced Monday in U.S. District Court in Burlington to three years probation, with six months house arrest to be served. She was also ordered to pay $46,395 in restitution for misappropriation of postal funds, federal prosecutors said in a release Monday. 

According to court records, Bolognani worked as a part-time postal employee inthe Readsboro post office. Beginning in November 2006, and continuing until May 2007 she issued postal money orders to pay personal bills without paying for the money orders, prosecutors said.

Investigation by the postal service determined that she issued 76 money orders without making corresponding payments to the postal service over six months.

SEC charges Broadcom with stock option backdating

ap.google.com | 4/22/08 | Gillian Flaccus 

 

SANTA ANA, Calif. (AP) Federal officials charged semiconductor-maker Broadcom Corp. on Tuesday with falsifying its reported income by illegally backdating stock options for five years.

 

The Irvine-based company agreed to pay $12 million to settle the charges without admitting or denying the allegations, the U.S. Securities and Exchange Commission said in a statement.

The SEC said that as a result of the fraud, Broadcom restated its financial results in January 2007 and reported more than $2 billion in additional compensation expenses — the largest accounting restatement to date because of backdating.

"The backdating scheme at Broadcom went on for five years, involved dozens of option  grants," Linda Chatman Thomsen, director of the SEC's enforcement division, said in a statement. "The scope and magnitude of the fraud warrants the significant penalty imposed on the company."

The agency accused Broadcom of using the backdated options to recruit and retain the most highly qualified staff without paying them higher salaries.

The agency alleges that a two-member option committee approved up to 88 grants between 1998 and 2003, in many cases without meeting on the dates the grants were supposedly approved. The committee members were co-founders Henry Samueli, Broadcom's chairman and chief technology officer, and Henry T. Nicholas III, then the company's chief executive.

Brian Marshall, an attorney representing Nicholas and Samueli, referred calls to Nicholas' spokesman, Mark Saylor. In an e-mailed statement, Saylor said Nicholas "at all times ... believed he was complying with company rules, as well as accounting and legal requirements."

Broadcom spokesman Bill Blanning said in a statement: "This is a major step in the process of closing this chapter as we remain focused on the company's business today and for the future."

Scott McGregor, Broadcom's chief executive officer, said he was pleased to announce the settlement but did not elaborate during a conference with analysts to discuss the company's firstquarter results.

The U.S. attorney's office has also launched a probe into stock-option backdating at Broadcom.

In a court hearing in January, federal prosecutors told a judge that Nicholas and Samueli were "unindicted potential coconspirators" in the probe.

A former human resources executive, Nancy Tullos, pleaded guilty to obstruction of justice earlier this year in the criminal probe, and settled with the SEC for $1.4 million without admitting wrongdoing. She is cooperating in the ongoing U.S. attorney's investigation.

In the SEC case, a complaint filed in U.S. District Court alleges Broadcom's top officers misrepresented the dates on which stock options were granted to its executives and  employees.

Backdating stock options involves retroactively setting the exercise price to a low point in the stock's value to increase profits for an executive or employee when shares are sold.  If companies backdate options without properly disclosing and accounting for the move, it can cause profits to be overstated and taxes to be underpaid.

Broadcom also reported after markets closed that its first-quarter profit rose 21.8 percent to $74.3 million, or 14 cents a share, from $60.9 million, or 10 cents a share, during the same period of 2007.

Revenue rose 14.5 percent to $1.03 billion from $901.5 million in last year's first quarter. That's well above an average estimate of $992.3 million among analysts polled by Thomson Financial.

Broadcom's shares slid 1.1 percent, or 27 cents, to $23.55 during regular trading, then surged $2.11 to $25.66 after hours.

Woman pleads guilty to stealing charity money

chapelhillnews.com | 4/23/08| Jesse Deconto 

HILLSBOROUGH -- The former bookkeeper for the Inter-Faith Council for Social Service pleaded guilty Tuesday to two counts of misdemeanor larceny after facing charges of embezzling more than $13,000 from the agency.

Assistant District Attorney Jacqueline Perez said that Pamela Futrell had been writing checks from the IFC accounts to pay her own bills.

"She felt that she hadn't done anything against policy because she was in need and that was the service they provided," said Perez.

Futrell later said she was sorry and that it was a stupid thing to do. She has agreed to pay $200 a month to reimburse the IFC'S insurance company. She must also pay $100 in restitution to cover the IFC's deductible and will be on supervised criminal probation for the next year.

She must also serve 30 hours of community service and pay a $200 community service fee.

April 22, 2008

Former IRS Agent Sentenced for Tax Fraud

webcpa.com | 4/22/08 | Staff Writer

Harry Willner, a former Internal Revenue Service agent, was sentenced last week to a year in jail for a tax fraud scheme. Prosecutors charged him with fraudulently attempting to sell to other taxpayers, and using on his own personal income tax returns, tax losses belonging to a separate company that he controlled.

Judge Gerald Lynch sentenced Willner in Manhattan federal court for the scheme. The sentence included one year in jail, one year of supervised release, a $10,000 fine, and the payment of any taxes, interest and penalties owed to the IRS.

Willner was employed by the IRS as a revenue agent assigned to the Large and Midsize Business unit of the IRS in the Southern District of New York. As an LMSB revenue agent,

he was responsible for audits of large financial institutions and served as a team coordinator of other revenue agents.

At various times, he was also an officer of a corporation known as NIA Advertising, whose address was the same as his home in New Jersey. He did not request approval from the IRS to serve as an officer of NIA, as required by IRS regulations.

He did, however, request approval for outside, part-time employment as an instructor with schools located in Manhattan and to hold an unspecified position with a company known as Royal Magazine.

According to NIA’s books and records, from 1998 through 2001, NIA purportedly loaned Royal approximately $849,000, a “loan” not evidenced by any written contracts or agreements. Beginning in 2002, Willner reported a “bad debt” deduction on NIA’s corporate tax return, associated with the purported loan to Royal, which resulted in a net operating loss for NIA’s 2002 return of more than $758,000.

Between 2003 and 2004, Willner attempted to, in effect, sell NIA’s net operating loss to other  taxpayers, which would enable those other taxpayers to use the NOLs to offset the income on their own tax returns and thereby to fraudulently reduce their tax liabilities. He proposed to accomplish this by having other taxpayers, who were owed income, direct the fee payment to NIA, which would report it as income. NIA would not pay tax on the payment because the income would be offset by the NOL. Willner would then remit the money, minus a fee for himself, to the other taxpayer disguised as a loan repayment.

Willner explained the fraudulent steps attendant to the sale of the NOLs in a tape-recorded conversation made by the IRS during its investigation. During the conversation, between Willner and an accountant from whom Willner was attempting to recruit participants in the scheme, Willner stated that he had “about $700,000 worth of losses” in NIA and explained that the accountant’s clients could use the NOL if they diverted their income from their own tax returns to Willner at NIA.

Parmalat to Seek EU14 Bln in Damages From Citigroup

bloomberg.com | 4/21/08 | Sarah Gay Forden

April 21 (Bloomberg) -- Parmalat SpA Chief Executive Officer Enrico Bondi said he would ask for as much as 14 billion euros ($22 billion) from Citigroup Inc. after a court said his company could seek civil damages in a criminal trial against the U.S. bank in connection with the foodmaker's 2003 bankruptcy.

Parmalat was admitted as a civil party in the trial in the Italian city of Parma, the company said in an e-mailed statement today. The claims would be in addition to a lawsuit filed against Citigroup for damages in the U.S. Citigroup said in an e-mailed statement that all charges against the bank were "unfounded.''

Parmalat collapsed in December, 2003, in Italy's largest bankruptcy, later disclosing more than 14 billion euros of debt, about eight times the amount reported by its former management.

Prosecutors filed charges after discovering that the company had never earned a profit after its stock market listing in 1992, though it reported earnings every year.

``Here 10 senior executives of Citigroup have been accused of having contributed to the Parmalat fraud,'' said Marco De Luca, a lawyer for Bondi, in an e-mailed statement. ``This was not a matter of a single episode which is coming to trial, but rather something that was a product of the Citigroup organization.'' 

Under Italian law, individuals can request civil damages during criminal proceedings. Bondi made the filing in his role as the court-appointed administrator who oversaw Parmalat's bankruptcy reorganization. Parmalat was relisted on the Milan stock exchange in October 2005. Bondi won his second mandate as CEO on April 8.

``If the defendants in a criminal trial are found guilty, the judge can award damages to those parties that have filed civil claims,'' said Stefano Putinati, a criminal lawyer based in Milan.

Parmalat lawyer De Luca said he'd requested the ``entire amount of the fraud, equivalent to 14 billion euros, precisely because of the exceptional seriousness and causal effect that these matters had on the entire Parmalat fraud.''

Bondi on April 18 was excluded from making civil claims in a Milan trial against four banks, including Citigroup, for market manipulation. Citigroup is facing trial in the U.S. May 5 on claims by Parmalat that it aided and abetted larceny by corrupt insiders at the Italian dairy company.

Bondi filed the lawsuit against Citigroup in New Jersey in July, 2004, accusing the U.S. bank of disguising debt and inflating cash flow from operations at Parmalat including raising money through a unit called Buconero, which means black hole in Italian. The cash was subsequently represented as equity on Parmalat's balance sheet. Bondi also accused Citigroup of knowing that Parmalat falsified invoices and of laundering misappropriated funds through its accounts.

A New Jersey court last week threw out Bondi's claims of fraud, conspiracy, racketeering and unjust enrichment, narrowing the scope of the case and the damages sought. 

``Judges both in the U.S. proceeding and the trial in Milan have radically reduced the requests advanced by Parmalat,'' Citigroup said in the statement. ``In the U.S. the damages requests have been radically reduced and in Milan Parmalat was excluded from the trial altogether.''

Investors have bought Parmalat shares on speculation they may benefit from legal settlements and have demanded the company loosen its limits on dividend payments. Bondi has collected more than 1 billion euros in settlements to date after filing charges against the dairy company's former lenders.

``The bottom line is that Citigroup is going to be taken to court and Parmalat could get several billion dollars from them,'' Alessandro Frigerio, a fund manager at RMJ Sgr in Milan, told Bloomberg Television. Frigerio does not hold Parmalat shares but is considering adding them.

Former official of bowling association accepts plea deal in embezzlement case

mlive.com | 4/21/08 | Shannon Murphy

MOUNT MORRIS TOWNSHIP, Michigan -- The former manager for the Flint Women's Bowling Association pleaded guilty Monday to attempt embezzlement.  Patti Jo Ashlock, 48, had been charged with embezzlement and using a computer to commit a crime, both 10-year felonies. But she agreed to plead to attempt embezzlement of $20,000 or more, a five-year felony, in a deal with prosecutors.

Genesee County Prosecutor David Leyton said Ashlock, the FWBA manager, told the court she took the money between 1998 and 2007. It is believed she stole $120,000 from the group to buy scratch-off lottery tickets.

Ashlock is expected back in court June 2 for sentencing in front of Circuit Judge Richard B. Yuille.

$200,000 embezzlement alleged from Chico company

chicoer.com |  4/19/08 | Greg Welter

CHICO -- An Orland woman is accused of embezzling more than $200,000 from her former employer, a Chico-based heavy-equipment distributor.  Detectives from the Butte County Sheriff's Office allege that Jennifer Marie Sites, 38, used funds stolen from Hamre Equipment Co. to pay her mortgage and purchase a large number of items from a home-shopping television network.

Investigators said they found many of the purchases still in their shipping containers, filling her living room and spilling out onto a porch.

Last Saturday, the owner of Hamre reported that the woman, a bookkeeper there for only 18 months, was suspected of embezzling an estimated $100,000 from the company.  By Monday, company officials said the estimate grew to more than $200,000.

Detectives served search warrants Tuesday on Sites' residence on County Road KK and on her Bank of America accounts. Her assets were frozen at that time.   Because of the number of items found in her home, detectives are still working to determine the total value of Sites' alleged purchases.  She was arrested on 200 counts alleging embezzlement/grand theft and 10 counts of forgery. She remains in custody at the Butte County Jail in Oroville, with bail set at $620,000.

Hamre was founded in 1989 and operates a large facility on Three Sevens Lane north of Chico. According to its Web site, the company specializes in the sale and distribution of large-capacity lift trucks, logging trucks, excavators and forklifts.

Woman accused of scamming employer gets break

palmbeachpost.com | 4/20/08 | William Cooper Jr.

Colleen Janette Christopher got a break Friday when County Judge Paul Moyle placed her on house arrest rather than make her pay $581,000 bail after a tearful plea from her mother.  But Moyle's generosity came with a stern warning: "Don't let me down and make me regret my decision." 

Christopher, a single mother of a 9-year-old daughter, was charged with 193 counts of fraud and embezzlement after allegedly writing 93 checks to herself from her employer's bank account, Lake Clarke Shores police said.

Christopher worked for Lawrence Abramson, a property manager, at 1860 Forest Hill Blvd., Suite 200, the police report said. Police  said Christopher embezzled more than $20,000 from Abramson.

Christopher's mother, Mary, told the judge that her daughter is addicted to painkillers and that may have driven her to conduct illegal actions. According to authorities, Christopher, of West Palm Beach, doctored financial statements and used an assumed name in the scheme.

Under the conditions of her release, Moyle ordered her to stay at her mother's home. She is prohibited from having visitors until after her case is resolved.

April 20, 2008

Woman admits embezzling Newport money

delewareonline.com | 4/19/08 | Ira Porter

An administrative assistant and bookkeeper for the town of Newport confessed to embezzling more than $100,000 over a threeyear period, police said.  Cynthia Reynolds, 48, of the 100 block of W. Thomson Drive, Elkton, Md., turned herself in Friday, according to Newport Police Chief Michael J. Capriglione.

The thefts began in 2004 and continued through 2007, totaling more than $128,000, police said. Reynolds started working for the town in 2003.

"That number is probably not going to be a final number," Capriglione said. "This investigation is ongoing."

Reynolds worked as a town bookkeeper and administrative assistant, enabling her to handle accounts for Alderman's Court 42. Reynolds falsified entries into the town's books and was discovered on March 27 after an official from the Delaware Office of Pensions noticed there had been no contributions from Newport into the state pension plan for several months, police said.

When they heard about the irregularities, Town Manager Rita Shade and Solicitor Stephen Robinson sent Reynolds home pending the outcome of an audit, according to a statement by Mayor Michael Spencer. A criminal investigation was launched March 28 and Reynolds was fired on March 31.

"Although the town commissioners are extremely disappointed by Ms. Reynolds' actions and her failure to honor the public trust, we take comfort in the fact that once the irregularity was uncovered, the town manager and solicitor moved swiftly to the audit and asked for a criminal investigation," Spencer said.

Capriglione also said payments to the town or court were accepted in cash or check. However, Reynolds kept the cash and documented only check payments, Capriglione said.

"When we realized there was a problem with the bills we didn't think it was going to be theft. We thought it would probably be bad bookkeeping," Capriglione said.

Reynolds was charged with theft over $100,000, tampering with public records and official misconduct. She was arraigned and released on $5,000 unsecured bail. She could face up to 15 years in prison if convicted.  "We're hoping to get restitution for the taxpayers' money," Capriglione said.

In his statement, Spencer said that "depending on any amount of restitution, the town has employee fidelity insurance to cover some or all of the loss."

Robinson was unavailable for comment.

Embezzlement case widens to family

magicvalley.com | 4/20/08 | Cassidy Friedman

It's impossible for a family member to gain hundreds of thousands of dollars, start lavishing her family with gifts and still have her family not question where the cash came from, said an administrator for a local women's health clinic that is suing its former bookkeeper.  "When you have half a million dollars that you didn't have before, it's pretty obvious," said Rob Harding, an administrator for the Magic Valley Women's Health Clinic.

The clinic claims the former bookkeeper's fraud fed a family racketeering, and names five family members spread over three generations as defendants. In addition, the lawsuit alleges Karie Eldredge and her husband have used the embezzled funds to fuel their heating and air conditioning company, K&K Services.

The county prosecutor, who charged Eldredge with embezzling more than $400,000 from the clinic, portrayed the former bookkeeper's alleged activity as a one-woman operation. Laird Stone, a Twin Falls attorney representing all the family except Eldredge, denied the family knew anything about any alleged fraud. "What I've told them is, 'No, that's not true'," Stone said. "And you, the plaintiff, haven't shown me anything that shows that my clients knew the alleged acts by Karie or got anything. They didn't know and they didn't benefit."

Eldredge was charged Oct. 23, 2007 with writing checks to herself from February 2004 until she was fired Oct. 1, 2007. After writing the checks to herself, she recorded them in the clinic's electronic register as being paid to others.

Eldredge told police she first embezzled money to help family members but ended up lavishing herself with gifts to ease her own depression, according to court records. Nowhere in an affidavit does a police officer accuse family of knowingly participating in an embezzlement scheme.  The clinic, however, assumes some of the family knew.

At the very least Eldredge's husband Kent knew, it says. And possibly her elderly father and mother, along with her two children were privy to the game, according to the complaint.

Family members "knowingly received, concealed, obtained control over, possessed, and/or disposed of property obtained by Karie Eldredge's fraudulent and criminal behavior," the complaint states, "knowing such property to be stolen or under such circumstances as would reasonably induce them to believe the property was stolen."

Eldredge, who is represented by Hailey defense attorney Keith Roark, declined to speak about the case, citing pending litigation.  "All I can say is even though it's been terribly hard on my family, they stand beside me," she said, getting choked up by tears, "and they will stand beside me to the end."

The emotion toll on the clinic has also been great, said Rob Harding, an administrator for the clinic, which is housed at St. Luke's Magic Valley Medical but operates independently from the hospital.

He said the goal of the lawsuit is to recuperate lost funds. But he said the clinic's loss has not affected its services. "It was more of a trust issue," he said. "(But) we have tightened up the checks and balances in the office."

In the discovery phase, which is just beginning, Stone expects to learn Tolman's grounds for accusing the family of knowingly accepting embezzled money.  Eldredge's criminal trial on four counts of felony grand theft is scheduled for four days starting July 22.

SEC Disciplines WorldCom Auditors

webcpa.com | 4/16/08 |  Staff Writer

Two former Arthur Andersen auditors have settled charges with the Securities and Exchange Commission accusing them of failing to exercise due professional care and skepticism in their 2001 audits of bankrupt telecommunications giant WorldCom.

The SEC instituted public administrative proceedings against former Andersen audit

partners Kenneth M. Avery and Melvin Dick but said both the auditors submitted offers of settlement agreeing to be barred from appearing or practicing before the SEC as accountants. Avery will be able to apply to be reinstated in three years and Dick, who was the lead audit partner, in four years.

The SEC noted that WorldCom improperly removed approximately $3 billion in line cost expenses from its balance sheet in 2001, fraudulently characterizing the expenses as assets on its balance sheet. Andersen had assigned the maximum risk classification to WorldCom in prior audits, and the SEC said the auditors knew that WorldCom CEO Bernard Ebbers owed substantial personal debt that was secured by the WorldCom stock he owned.

They were also aware that in 2000, WorldCom's former controller had directed a post-closing journal entry that had no documentary support to reduce line cost expenses at WorldCom's United Kingdom subsidiary by approximately $33.6 million. The SEC said the auditors failed to exercise due professional care in the planning and performance of the audit, or to exercise an attitude of professional skepticism throughout the audit.

They also failed to obtain sufficient evidence to afford a reasonable basis for their opinion of WorldCom's financial statements, and failed to plan and perform the audit to obtain reasonable assurance about whether the financial statements were free of material misstatement, according to the SEC. The auditors issued an audit report that falsely stated that the audit was conducted in accordance with generally accepted auditing standards, said the SEC, and that WorldCom's financial statements were presented in conformity with generally accepted accounting principles.

Account manager in L.A. arrested in celeb funds theft

ap.google.com | 4/16/08 | Staff Writer

LOS ANGELES (AP) — Los Angeles police have arrested an account manager on charges of embezzling more than $725,000 from the accounts of Charlton Heston and producer Stephen Cannell.

Deputy District Attorney Marisa Zarate says Sharon M. Walker is charged with grand theft, forgery and filing false tax returns and was to be arraigned Tuesday. Zarate declined to name the business firm where Walker had worked.

Zarate says Walker is accused of stealing more than $157,000 from Heston, the Oscar-winning actor who died April 5, and more than $567,000 from Cannell, an Emmy-winning writer and producer.

The 56-year-old Walker is being held on $700,000 bail. She faces up to 11 years in prison if convicted.

BANK EMPLOYEE CHARGED WITH EMBEZZLEMENT

media-newswire.com | 4/14/08 | News Release

Baltimore, Maryland - A criminal complaint has been filed charging Karen L. Baer, age 46, of Westminster, Maryland, with embezzling money from the bank where she worked, announced United States Attorney for the District of Maryland Rod J. Rosenstein. Baer allegedly embezzled more than $1 million. She was arrested today.

In September 2007, PNC began an audit in connection with its acquisition of Mercantile and discovered $1,050,000 in unaccounted funds. Further investigation revealed a pattern of suspect debit and credit tickets - signed by Karen Baer - posted to the "Due from Mercantile" account from the 140 Village Shopping Center branch between approximately June 2, 2004, and approximately September 2007. The "Due from Mercantile" account was used within the bank to account for cash shipments from and cash sent to the Federal Reserve. In more than three years, Baer's running total of debits and credits to the Due From Mercantile account increased to $1,050,000. Most of the increases occurred in increments of $10,000, indicating that Baer was usually embezzling $10,000 at a time from the bank. According to the complaint and PNC records, on an almost weekly basis, Baer entered these  debits and credits to make her theft difficult to detect.

According to the complaint, Baer used the money for living expenses, vacations and college tuition for her children.

Baer faces a maximum sentence of 30 years in prison and a fine of $1 million for embezzlement. Baer is scheduled to have her initial appearance in federal district court at 3:00 p.m. today.

A criminal complaint is not a finding of guilt. An individual charged by criminal complaint is presumed innocent unless and until proven guilty at some later criminal proceedings.

United States Attorney Rod J. Rosenstein thanked the Federal Bureau of Investigation for its investigative work. Mr. Rosenstein commended Assistant United States Attorney Jonathan Biran, who is prosecuting the case.

Fast growth and few controls invite employee embezzlement

churchexecutive.com |  4/20/08 | Ronald E. Keener

 The headline shrieked across the second section of The Arizona Republic last September 1: “Accountant Held in Church Theft.”  “Police have arrested a church accountant they say stole more than $400,000 while working at Cornerstone Christian Fellowship in Chandler,” ran the lead paragraph. Actually it was closer to $521,000 as far as the megachurch of 5,200 in attendance can tell today, says senior pastor Linn Winters, of the incident which is still pending a court date.

Unfortunately, Winters and his church are in good company. Many churches have experienced theft and embezzlement; it’s just that only a few prosecute or report the events.  Worse still, the church’s insurance coverage last fall maxed at $50,000. As the church and its budget grew over its 12 years, the coverage had not been changed.

“We were shocked at how many letters we got from churches in the immediate area who said, ‘We are praying for you. This happened to us.’ The reality is that church theft is much more prevalent than people know,” says Winters, “it’s just that we are larger and the amount that was stolen was larger.”

In fact, some people in Winters’ congregation approached him and said, we’re not going to prosecute, are we? “They said we don’t know that’s what Jesus would do,” he shared.

“We had to explain that there’s a difference between forgiving and with asking someone to respond to what they’ve done criminally,” he says. “Scripture is pretty clear about those who have stolen and repaying.”

Then there was the issue about trust. “What’s to keep her from going to a church down the street? Since we didn’t prosecute, what she did is not known and what’s to prevent her from getting hired and doing the same thing to some Christian brothers?,” he says. At each of the four services Sept. 2, Winters set aside the planned message and spent the sermon time speaking to what he, the elders and the police uncovered. The individual, a woman, was a member of the church’s executive management team. 

Winters agreed to an interview about the embezzlement six months later in hopes that other churches might recognize the dangers of employee theft and know what to look for in identifying the potential for it happening to them.

In what ways was the church vulnerable to this incident?

We started not getting the types of reports we felt we ought to get and we weren’t getting them in a timely manner. We’d ask questions and the answers were a little fuzzy. The mistake we made in the process was we assessed that we had outgrown her abilities when the reality was that it was something more devious. But she’d been here since the beginning. I think her family attended the second Sunday of our church opening and had worked tirelessly on behalf of the church in the past. It came out as this spirit of trust and camaraderie and hard work but at some moment her heart turned and she began to abuse that trust.

You said that Sunday that you had been looking at this for 3 1/2 years.

There was a period of about 3 1/2 years when a couple of the elders had asked, because they felt that one of the reports that they had gotten was a little fuzzy. And when they had asked about it they felt there was some hesitation in the answer.  We gave the elders permission to go through and look over all of our charge receipts, all of our balance sheets, and at the end of that they came back and said we haven’t found anything. The part that I intentionally owned is that after a year they said we want to continue to look even more. And I at that point said, “We have inflicted this scrutiny on this department now for a year, and at the end of a year we don’t have anything. All you’re seeing is that we want to continue to fish.” At that point I had to say I think we’ve done enough. We’ve done due diligence in the question.

When she gave her confession to the police, the date at which she said she began to take money was well after that initial question was asked.

I don’t know if she got angry at the inquiry, I don’t know if it was that sense of “Hey, I’m not trusted anyway, and if I wanted to do this to you, let me prove to you I can.” I’ll never know.

There was an issue about a $50,000 check that opened further scrutiny.

The thing that we should have caught, and looking back now, it is incredibly simple to see, was that the memo line was to our mortgage company. But the payee at the top was our bank. What we had been led to believe was that she was taking it to the bank and then doing wire transfers.

So we were going, well, okay, we get that. But instead of doing that she was actually taking it to the bank and getting cashier’s checks and the cashier’s checks were made out to her bank.  They weren’t made to an individual and she would get there and transfer it. It allowed the flexibility for her to divert it and not for it to have to go to that specific payee.

How did this happen?

Part of it was that we had gone through such rapid growth, and I think one of the things that happens with rapid growth is you’ve got an awful lot of places where you can spend money and staff. You tend to assess departments that look like they’re struggling, and for the first 10 years  of the church it [finance department] didn’t appear to be struggling. We felt we were fine. [In truth, the finance department] was too “ma and pa,” it was too far behind who we were as a church.

We had for us pretty much a perfect storm. The majority of the money taken was from our building fund. That was the place that was most able for money to leave and for us not to notice.  Even when this first happened, I felt this couldn’t be happening. I’ve got a pretty good handle on what it costs to run this place, of what payroll is, of what building payments are. I know there’s not enough room for us to pay our bills and for someone to take a whole lot of money out of it.But the reality was that

’s not where she was dipping in. She was dipping into our building fund. A building fund is incredibly susceptible because you had people walking up to her and handing her a check. They’d say here’s my $40,000 contribution to the building fund. Well it would never get there. And the rest of us didn’t know someone had walked up and handed her a check in the lobby for the building fund.

That money that came to her became very susceptible if it wasn’t put in the offering plate, if it wasn’t counted by our counters and documented.

How have things changed in handling money now?

Basically we tripled our accounting department in size. We may have over staffed it but we are at a point now where literally no one has enough access to any portion of the accounting to be able to manipulate monies. You would have to have collusion of at least three people to be able to move money now, because no one has that much access to it.

There should have been what I call separate hands — the hands that were taking the money in should have never touched the books because when those two things are separated then the bookkeeper is going to catch the person taking the money in or the person taking the money in is going to be able to say, hey, wait a minute, we shouldn’t be that short.

But when those two hands belong to the same person — that was our mistake. We lost our accountant and in the meantime, those two hands came back together and she never rehired.  That was the vulnerability.She took over the books during that year and a half. I said, you

’ve got to get that accountant back in here, that’s too much work for you to be doing. No, I’m fine, we can do this for awhile, she said. We allowed the hands to come back together. 

You went to the police station “looking for innocence.”

I just felt biblically that I didn’t want to level any sort of false accusation against a sister and I knew that the moment I said to the police go ahead and turn this into a criminal investigation, that for all intents and purposes, I had leveled an accusation. And so I went looking and saying, I want to see how it’s possible that this money has not been taken.I felt the money’s got to be somewhere; it’s probably just not accounted well. So let me look for  that, let me see if I can find that. I poured over everything the police had. I see this check, show me if there is any place where this comes back to the church. Is there any place where it possibly shows up to our benefit? And the problem was that it didn’t.There was still that 2 percent of my heart that said what if there’s some explanation, what if I have sent the police to my sister’s house? The police called me after they had interviewed her for about two hours, and they said, Linn, she’s admitting that she’s moved this money but she says she did it for the benefit of the church.

In that moment I knew she was lying because I had never been apprised of the movement of the money, that the money had been moved without my knowledge of it. At the very least it was horrible, horrible accounting; it was not good management of her division.

How does a friendship of a trusted employee play into the aftermath? Trust but verify, goes the saying. Does that apply here?

She was self-verifying, she’d walk in and she’d hand us the books and they’d all look okay at the end of the day, but she was verifying herself. When you’re sitting in seminary they don’t say to you, hey, when you get to 1,000 [attendance] your business department better look like this. No one even has that discussion with you. We were saying hey, as far as we know that department is running really smoothly. You don’t all of a sudden say let’s hire a couple staff people and put a couple salaries into a department that looks like it doesn’t need help.

I would say to most churches that by the time you reach 750 people you better be sure you have real solid checks and balances going in, because the volume of money that you’re doing is beyond volunteers by then, it’s beyond one gal sitting in an office keeping your books.

What’s been the hardest part of this incident for you?

What drove me crazy for probably the first 60 days was the realization not that just the money had been taken but that we had probably had 1,000 conversations that were lies.  That was almost more painful for me. I had to eventually stop and say I can’t go back and pray through all 1,000 conversations and figure out which part was a lie and which part wasn’t. I just have to resign myself to the fact that many of them, maybe even most of them, were lies and be done.

You said that Sunday the enemy wins when we fail to trust others.

Jesus said the thing that matters with people is the care and wonder of how we interact and how we treat one another. When I begin to withdraw trust and when I begin to stop taking chances on people around me I will not be able to demonstrate that love. Part of the Christian walk is always going to leave me with some exposure; there will always be the chance that someone will hurt or betray me. Jesus also said to be as harmless as doves but as wise as serpents; you have to bring a little of that element in. But you will always err on the side that if this person betrays me, I’m exposed.

In a different church embezzlement case the church treasurer said that she had been underpaid and that the church owed the stolen funds to her.

[Laughter.] That would be my whole staff.

Fraud and embezzlement are all too common in churches

The former treasurer of the Lower Susquehanna Synod, Evangelical Lutheran Church in America, Harrisburg, PA, was arraigned March 13 on 36 counts of criminal use of a communication facility (electronic transfer of funds) and one count of theft by deception in the amount of more than $1 million.

Each charge is a felony of the third degree. Irregularities were discovered in July 2007 and the investigation has been underway since then, with the treasurer, Barry Herr, dismissed from his job on July 31.

The irregularities are believed to be solely in the areas of long-term investments of synod funds, not funds received through regular giving, synod officials said. The synod across nine counties in south-central Pennsylvania has 122,000 members in 261 congregations.

There are virtually weekly reports of theft of monies by fraud or embezzlement — not to mention burglaries and other theft — from churches by employees or members. Here are a few examples during February:

● Church treasurer charged with stealing $18,700 in checks and offerings from Trinity Christian Church, St. Paul, MN.

● Former Memphis, TN, police officer indicted for stealing more than $10,000 from Barron Heights Missionary Baptist Church.

● Ex-bank manager from Llanrwst, Conwy, Wales, admitted stealing £160,000 from local churches while treasurer of church organizations.

● Ex-principal of Holy Cross High School, Freehold, NJ, given five years for theft of $415,848 from the school.

Woman pleads no contest to embezzlement

lcsun-news.com | 4/15/08 | Staff Writer

LAS CRUCES — A Las Cruces woman pleaded no contest Friday to charges that she embezzled about $500,000 from a local medical center.

Elsa Abad, 36, pleaded no contest to 85 counts which carry a potential maximum penalty of more than 200 years in prison, Doña Ana County Chief Deputy District Attorney Susan Riedel said.

Several other embezzlement counts were dismissed as part of a plea deal, Riedel said. A sentencing date has not been set.  Abad had been charged with embezzling from Las Cruces Surgical Center between 2001 and 2003, during which time she served as general manager.

Prosecutors have said an audit revealed Abad had been writing checks to people who didn't do business with the center.  Two other women indicted along with Abad have since accepted plea deals and are awaiting sentencing. The case against a third woman has been dismissed, Riedel said.

Palm Beach County radiologist settles fraud allegations

bizjournals.com | 4/15/08 | Staff Writer

A Palm Beach County radiologist, his imaging centers and related entities have settled allegations of healthcare fraud with the federal government for $7 million, the U.S. Attorney's Office said.

The U.S. Attorney's Office said the settlement resolves allegations that Dr. Fred Steinberg, University MRI and Diagnostic Imaging Centers (UMRI) and related entities billed for CT scans that were not performed, though they were reported to patients' physicians as if they were done. The government also alleged the companies did CT scans and ultrasound exams that were not ordered by physicians and were not medically necessary.

The companies deny the charges, and said they paid the $7 million "to end the uncertainty of protracted litigation with the government."

"The U.S. Department of Justice has reached after-the-fact determinations regarding medical necessity for radiology tests," the companies said in a news release. "This could have a chilling effect on the ability of radiologists to properly provide their patients high quality imaging services. The UMRIrelated entities primarily serve elderly patients that pose complex assessment and diagnostic issues.

The UMRI-related entities have always acted and will continue to act in the best interests of all of its patients."

The settlement also resolves allegations that Steinberg and entities illegally paid financial inducements to physicians for patient referrals, in the form of medical directorship, clinical research, employment, facility use, and equipment lease agreements. UMRI and related entities said these issues were resolved years ago, and that the companies not intentionally violate any federal law or regulation.

The investigation resulted from a whistleblower action under the False Claims Act brought by Dr. David Clayman, a former employee of one of the Steinberg practice groups. He will receive $1.75 million as his share of the recovery.

"Billing Medicare for tests that are either not medically necessary or not performed is an abuse of the Medicare program that squanders scarce Medicare dollars," U.S. Attorney R. Alexander Acosta said in a

news release. "We will aggressively prosecute any physicians, including board-certified specialists, who abuse and steal from the Medicare system to line their own pockets."

Bayou's Israel Gets 20-Year Term for Hedge-Fund Fraud

bloomberg.com | 4/14/08 | Thom Weidlich and David Glovin

April 14 (Bloomberg) -- Samuel Israel, a co-founder of Connecticut hedge-fund company Bayou Group LLC, was sentenced to 20 years in prison and ordered to forfeit $300 million after pleading guilty to defrauding investors in his nowbankrupt firm.

``I lied to you and I cheated you and I cannot put into words how sorry I am,'' a visibly sweating Israel, 48, told investors as he stood before U.S. District Judge Colleen McMahon. He apologized to his family while defense lawyers sought leniency,  noting his nine back operations, painkiller addiction, spinal rod and pacemaker.

``He suffered from these ailments while he did the crime,'' an unmoved McMahon said before pronouncing sentence today in Manhattan federal court. ``He can deal with them while he does the time.''

Israel's sentence for his role in the $400 million fraud brings to a close the criminal prosecutions stemming from Bayou's collapse. The firm filed for bankruptcy in May 2006, prompting lawsuits claiming it operated a ``Ponzi scheme'' that paid old investors with money from new ones. Israel faced as much as 30 years in prison if he was convicted at trial.

Based in Stamford, Bayou was among the biggest hedge-fund companies to come under federal scrutiny for missing money since 2000, when Michael Berger was accused of hiding $400 million of losses at his Manhattan Investment Fund.

Israel's sentence is among the stiffest given to a white- collar offender in the seven years since Enron Corp. collapsed. Others included former WorldCom Inc. Chairman Bernard Ebbers, who received 25 years for fraud, and former Enron Chief Executive Officer Jeffrey Skilling, who got a 24-year sentence.Bayou's chief finance officer,

Daniel Marino, was sentenced by McMahon in January to 20 years in prison.

Israel and Marino, who pleaded guilty in 2005, admitted they used fake results and a phony auditing firm to lure investors to participate in the hedge fund.

``Mr. Israel volunteered to speak to the government, spoke to the government early, spoke to the government often,'' defense lawyer Barry Bohrer told McMahon before sentencing. The judge responded by pointing out that Israel only cooperated after the Bayou fraud became public.

``After he was caught, he stopped lying,'' the judge said. ``Good for him.''

Israel was sentenced to five years for investor adviser fraud, five years for conspiracy and 20 years for mail fraud. 

McMahon gave Israel the maximum for each count while allowing him to serve the sentences concurrently rather than consecutively.

The judge also allowed him to remain free before his June 9 surrender date. While the U.S. Bureau of Prisons has final say on where Israel will serve his term, his lawyers requested the Federal Correctional Complex Butner, located in North Carolina. The facility has a medical unit.

Israel, Bohrer and Assistant U.S. Attorney Margery Feinzig declined to comment after sentencing.

Hedge funds are private, largely unregulated pools of capital whose managers can buy or sell any assets and participate substantially in profits from money invested. Globally, managers oversee more than $1.8 trillion, according to Hedge Fund Research.

James Marquez, another Bayou co-founder who pleaded guilty, was sentenced to 4 1/2 years in prison. He was found responsible only for $6 million of the fraud.

Israel described himself as a short-term stock trader, with turnover of about 200 percent per month, according to a presentation given to potential investors in 2002. He aimed to make 1 percent to 3 percent a month and positioned his portfolio with 50 percent of assets wagering on falling stocks and the other half on shares he expected to rise, according to the presentation.

He and Marquez founded Bayou in 1995. After the company suffered losses in 1998, Marquez and Marino created a sham accounting firm, Richmond Fairfield, to serve as the fund's external auditor, Israel said in court papers. Rather than disclose the modest losses, Bayou reported profits.

Israel said he initially believed that Richmond Fairfield had other clients and that Bayou's books were legitimate. Later, as Bayou grew, he allegedly learned they weren't. Between 1996 and 2002, Israel said his trading cost the firm roughly $55 million, which Bayou hid from its wealthy clients.

The scheme collapsed when Seattle-based Silver Creek Capital Management sought to withdraw $53 million in August 2005.

According to Marino's lawyer, Andrew Bowman, Israel told Marino to write a check although Bayou lacked the funds. Marino wrote the check and then penned a six-page confession and suicide note, Bowman said. An investor discovered the documents, leading investigators to the fraud. Marino didn't kill himself.

Israel was born in New Orleans into a family known for supporting charitable and civic causes,  according to a sentencing memorandum filed by his lawyers. His father ran a commodities business that imported coffee, rubber, shrimp and fertilizer, according to the memo. The family sold the business in 1981 to Donaldson Lufkin & Jenrette Inc. for $44 million.

Israel's family moved to Harrison, New York, when he was 16. He attended Tulane University without graduating, according to the court filing, and in a Wall Street job beginning in 1982, worked as a messenger on the New York Stock Exchange floor for Frederic J. Graber & Co. His salary was $16,500.  He worked his way up to trader.

In handing down her sentence, McMahon called ``laughable'' previous claims that Israel was CEO of Bayou in name only.

``Sam Israel was Bayou,'' she said. ``He started Bayou. He brought Marquez and Marino into Bayou.''  During Israel's sentencing hearing, she focused on the size of the fraud in justifying the lengthy prison term.

``It's hard to wrap your mind around $400 million,'' McMahon told Israel. ``It is so utterly out of  proportion to any crime I have ever seen.''

The case is U.S. v. Israel, 05cr1039, U.S. District Court, Southern District of New York (Manhattan).

April 14, 2008

Woman charged, arrested in Westminster embezzlement

baltimoresun.com | 4/11/08 | Arin Gencer

A Westminster woman who is charged with embezzling about $1 million from the Carroll County bank where she worked was arrested yesterday, according to federal investigators.

Karen L. Baer, 46, worked as a teller at Westminster Union Bank, located in the 140 Village Shopping Center, from 1998 to late 2007, according to an affidavit in support of a criminal complaint.

After the bank merged with PNC in 2007, an audit revealed $1,050,000 in unaccounted funds, according to court documents. PNC investigators discovered a pattern of "suspect debit and credit tickets" that appeared to be tied to the shopping center branch, the affidavit stated.

In more than three years, Baer allegedly amassed more than $1 million from the bank, usually in $10,000 increments, court documents indicated.

The affidavit states that a bank security employee confronted Baer last October and said she "admitted that she had been stealing money from the bank since 2002." PNC "terminated" Baer and referred the case to the FBI, according to court documents.

If convicted, Baer could face a maximum sentence of 30 years in prison and a $1 million fine for embezzlement, according to a news release from the U.S. Attorney's Office for the District of Maryland.

SEC blocks Gemstar ex-CEO's severance pay

latimes.com | 4/10/08 | Staff Writer

The U.S. Securities and Exchange Commission said it had stopped a $29.5-million severance package from being paid to Gemstar-TV Guide International Inc.'s former chief executive, who was charged with securities fraud. The agency said Wednesday that it stopped the payment from the Los Angeles company to Henry Yuen through a provision in the Sarbanes-Oxley corporate reform law.

The provision lets the SEC seek a temporary order from a federal district court requiring a company to hold "extraordinary payments" likely to be made to any officer or affiliate of the company charged with violating securities laws.

In 2003, the SEC charged Yuen with securities fraud, including making misrepresentations about the company's revenue and lying to auditors. He was found guilty in 2005 and was forced to pay more than $22 million in financial penalties.

Gemstar-TV Guide, whose technology helps pay-TV customers navigate the 500-channel universe with an on-screen program guide, is being bought by Silicon Valley's Macrovision Solutions Corp. in a deal initially valued at $2.8 billion in cash and stock.

It's same old scam with a different twist

chicagotribune.com | 4/6/08 | United Feature Syndicate

WASHINGTON—Good news. There are no new mortgage fraud schemes. But the old plots are becoming more intricate, and the perps are more active then ever.

"Mortgage fraud is so easy, even a caveman can do it," Scott Borshears, the FBI's mortgage-fraud coordinator, says, borrowing from an insurance commercial.

The Financial Crimes Enforcement Network fielded nearly 15,000 reports of suspicious mortgage-related activity in the first quarter of fiscal 2008, ended Dec. 31. And Broshears expects the pace to quicken.

"We'll get over 60,000" reports this year, he said at a recent conference in Chicago. By comparison, the crimes network received a record 46,700 such reports in fiscal 2007, up from 35,600 in 2006.

The FBI's estimate jibes with a letter the Mortgage Bankers Association sent to members last month, warning that mortgage fraud is "a burgeoning crime."

But the number of reports is probably only the tip of the fraud iceberg because only federally regulated institutions must file them; lenders not required to do so make the bulk of all home loans.

The basic scams haven't changed, says Ann Fulmer, industry-relations manager at Interthinx, an Agoura Hills, Calif., firm that helps lenders flag fraudulent loans. But they are growing more complex, says MBA Chairman-elect David Kittle, president of Principle Wholesale Lending in Louisville. "The deviousness of the schemes continues to evolve," he says.

Take builder bailouts to move remaining inventory. Under the old scam, builders, using inflating appraisals, would sell a $100,000 house for $120,000 and use the extra money to fund the buyers' down payments and closing costs. Now they are offering "lavish [buyer] incentives" they hide from lenders.

Though builders used to give away microwaves, that has moved up to cars, swimming pools, two years' worth of homeowner-association dues, four years of mortgage payments, five years of guaranteed rental income, says Jenny Brawley, fraud investigations manager at Freddie Mac.

These incentives are not only built into the inflated purchase price, they also are not disclosed to the loan officer or the appraiser. "In fact," Brawley says, "there is an organized effort to conceal them" from lenders, which end up providing loans for more than the property is worth.

She also is seeing a lot more involvement from real-estate agents. "They're the ones shopping these loans to lenders," she says.

Rescue scams aimed at owners facing foreclosure also have a new twist. Under the old ruse, troubled owners are tricked into signing their homes over with the promise that they will get them back when they get back on track.

Owners are told to make their payments to the con man who will forward them to the lender. But he collects money, and the house eventually goes into foreclosure.

These days, the scam artists are selling the house to an unsuspecting buyer through another lender.  This gives them "rent" from the original owner and a payoff from the sale of a house they took under false pretenses.

Then there's "puffing," a new wrinkle on flipping. Instead of buying a house on the cheap from a seller who wants out desperately and selling it an inflated price the next day, the "buyer" offers an inflated price while agreeing to kick back the difference at closing.

Phony investment clubs also are on the rise. Gray says: "I can't tell you the number of deals we see" in which investors are lured into joining with others to put their money into buying houses at distress-sale prices with the promise of big rewards when the houses are sold.

The few houses that are purchased are sold at inflated values to fictitious buyers. So now the thief not only has money from the unsuspecting investors, he also pockets the proceeds from the sale.

"It's amazing," says Gray. "Guys are coming in through the front door and again through the back door."

No one knows for sure how much all this is costing lenders and investors.

Broshears, the FBI's point man on mortgage fraud, estimated that federal investigators are likely to uncover some $3 billion in mortgage losses.

Previous government estimates have put losses at $1 billion to $2 billion.

But analysts at Interthinx, the California fraud-detection company, recently called into question some $11 billion in loan applications—just from its own clients.

Former federal fraud investigator gets 2-year prison term for fraud

azstarnet.com | 4/10/08 | Associated Press

A former federal agent was sentenced Wednesday to more than two years in prison for stealing more than $1.1 million from bank accounts of fraud suspects.

Scott Allen Gompert, 43, of Phoenix, who pleaded guilty in October to bank fraud and to forging a court officer's signature, was sentenced in federal court in Tucson, the Justice Department said.

Gompert pleaded guilty to fraudulently seizing the money during investigations and using it to buy land and a car, and to pay off his mortgage, officials said.

Gompert was a special agent with the Department of Health and Human Services' Office of Inspector General who had investigated health-care fraud.

Under the plea agreement, he agreed to forfeit about $550,000 in cash, an auto and land for development in Peoria, a Phoenix suburb. Court documents indicated he intended to go into the business of building high-end homes.

Authorities said Gompert identified bank accounts with funds that came from fraudulent activity.

Three times during investigations in 2005 and 2006, he prepared fraudulent seizure warrants directing financial institutions to provide cashiers' checks made out to a fake government seizure account he established, they said.

Gompert had faced up to 35 years in prison and fines totaling more than $1.2 million.

Gompert's attorney, Patricia Gitre, did not immediately return a call seeking comment. When her client pleaded guilty, she said, he took responsibility for his acts.

Fraud suspect banned from computers

upi.com | 4/9/08 | Staff Writer

RIVERHEAD, N.Y., April 9 (UPI) -- A New York judge has ordered a woman to stay away from computers while awaiting trial for allegedly stealing $90,000 in a tax fraud operation.

Suffolk County Court Judge James F. X. Doyle ruled Tuesday that Diana Aliffi would not be allowed to use a computer while being held on $1 million bail, Newsday reported.

"I wouldn't want her to have access to a computer in the meantime. This is something that I think is important to the society," Doyle said.

Prosecutor Michael Mirabella claims Aliffi illegally took $90,000 from her tax clients and tried to steal an additional $19 million from government agencies while running a tax preparation company in Riverhead, N.Y.

A number of alleged victims reported Aliffi to Riverhead authorities after receiving letters from the Internal Revenue Service, the newspaper said.

Aliffi is charged with attempted grand larceny, second-degree grand larceny, scheme to defraud, 10 counts of identity theft, 52 forgeries and 10 counts of offering a false instrument.

Hastings woman accused of embezzlement

hastingsstargazette.com | 4/7/08 | Jane Lightbourn

A 50-yearold Hastings woman, Cynthia Amelia Schmitz, faces one felony count of theft by swindle after she allegedly stole more than $200,000 from the company she worked for in White Bear Lake.

According to the criminal complaint filed April 4 in Ramsey County District Court, while Schmitz was the office manager for Crocus Dental Technologies from April 30, 2002 to Dec. 31, 2007, she apparently embezzled more than $200,000 from the company.

When she left the company at the end of last year, Schmitz told co-workers she was going to move to Hawaii and own a coffee bean farm. The owner of the business, who believed that Schmitz had embezzled company funds, called White Bear Lake Police to the business on Jan. 22. As office manager, Schmitz’ responsibilities included printing payroll checks, sending out bills and  handling payments from clients.

All payments from clients were to be deposited into the company's bank account. After Schmitz quit in December 2007, an independent audit confirmed that many payments

by customers had not been deposited into the bank account, but rather into Schmitz' accounts at another bank. The owner told police Schmitz did not have permission to deposit any of the customers’ payments into an account other than the company's regular account.

From the accountant's report, the company was able to verify Schmitz apparently stole more than $54,000 in 2005; in 2006, she apparently stole more than $73,000; and in 2007, she apparently stole more than $129,000. The auditor is continuing to look at the years 2002 through 2004.

A search warrant for Schmitz' savings and checking accounts was executed Jan. 28, and funds totaling more than $120,000 were received from them.

The company's owner told police she had received a call from Schmitz' husband, who told her his wife had confessed to him she had stolen the money. He said they would try to pay back the money.

The company's auditor also told the company owner Schmitz had used the Crocus Dental Technology accounts to ship items to Hawaii (where Schmitz had moved).

On March 17, Schmitz and her attorney came to the White Bear Lake Police Department. When questioned, Cynthia Schmitz admitted to stealing the money by depositing the checks made payable to Crocus Dental Technology into her own personal checking accounts. She said she initially took the money to help pay medical bills, but then continued because she felt a need to help other people.

Schmitz is scheduled to make her first court appearance in Ramsey County May 7.

April 9, 2008

State Tomato Board is dissolved

latimes.com | 4/9/08 | Jordan Rau

GONZALES, CALIF. — Melanie Horwath phoned the California Tomato Board with what she assumed was a simple request. She needed promotional materials that her family's tomato packing company could display at a Salinas Valley agricultural event called Taste of the Valley.

Do you have posters or recipes? she asked. We don't have that.  What kind of promotion do you guys do? We don't do that kind of promotion.

That's odd, Horwath thought. Her company paid thousands of dollars a month in mandatory dues to finance the board's research and marketing efforts: its legal purpose. She started digging into the board's business to find out how it was spending her money.

More than a decade later, the tomato commission has shut down after her findings prompted a state audit. The commission misspent members' dues on lavish conferences in Arizona and Mexico, where its families traveled free, according to the audit. It bought perks for directors and employees -- thousand-dollar dinners, a $653 Hummer stretch limousine ride, $190 bottles of wine -- and made other questionable expenditures.

The audit also detailed how the commission abetted a group of Horwath's competitors intent on setting the prices and rules for California's $505- million tomato market.

"They ran it like it was . . . their own little fiefdom," said Brian C. Leighton, the attorney for Horwath's company, Gonzales Packing Co.

The attorney general's office is investigating. Meanwhile, audits of other marketing programs within the Department of Food and Agriculture have also revealed conflicts of interest, sloppy accounting, possible Internal Revenue Service violations and activities beyond the authority the state granted them.

These 54 obscure programs, which collect a combined $200 million a year from farmers and shippers of crops and livestock, can have great sway over the price, availability, variety and quality of produce, meat and nuts that Californians buy.

The first boards were created in 1937 to help farmers survive the Great Depression by controlling the supply and price of their crops. Alfalfa seeds, almonds, beef, cling peaches, dried plums, figs, garlic, sea urchins, sheep and wine grapes are some of the food industries with marketing boards or commissions that are established by lawmakers but financed and run by the industries.

Today the organizations focus on research, public education, economic studies and generic promotion of their product through campaigns such as the "Got Milk?" advertisements. Nineteen entities also have federal or state "marketing orders" that restrict the amount, size or appearance of what can be sold.

The agriculture department did not audit any of the marketing programs before 2006. Its first examinations have yielded troubling details.  An audit of the Kiwi Fruit Commission established that a former manager used the commission's credit card to pay off her husband's car lease and to buy plane tickets for him to accompany her on business trips. She reimbursed most of the $19,000 in expenditures but charged $3,400 to the commission as payment to her husband for compiling a kiwi cookbook and coordinating a kiwi conference. State auditors couldn't find evidence that the husband's earnings were reported to the IRS.

Another department audit found that the California Milk Processor Board paid its executive director $291,361 in his first seven months on the job -- including a $50,000 signing bonus, free health insurance and $73,478 in reimbursed expenses -- without a finalized contract.

A third audit found that the staff and resources of the Forest Products Commission were also misused and that the agency at times exceeded its legal authority.

"California and the Legislature need a wake-up call that these programs are either corrupt or easily corruptible," said Leighton, who also represents growers and packagers in lawsuits against programs for cherries, cut flowers and raisins. Agriculture department spokesman Steve Lyle said in a statement that the agency has hired more auditors and plans to improve its supervision.

"Generally, the department is committed to doing full fiscal compliance audits of all state commissions," the statement said.

The tomato commission's most controversial actions date to 1995, when lawmakers agreed to transform it from a board, which can only make recommendations to the department, into a commission, which can act without approval from state agriculture officials.

The next year, a number of major tomato processing companies formed a private cooperative called the California Fresh Tomato Growers Exchange.  It was created to set minimum prices for their tomatoes, according to a copy of its operational policy.

The exchange's members held conference calls about market conditions and shared information about buyers in hopes of competing more effectively against tomato producers from abroad and getting higher prices from big buyers, such as grocery chains.

The exchange was supposed to be separate from the commission, whose task was to look out for the state's 114 growers and the 18 handlers who package and ship the picked fruit. Separation of the commission and exchange was essential because the commission was not authorized to set prices, but private cooperatives are.

But the state audit noted that many of the same people who ran the commission also ran the exchange. Representatives of 12 tomato producers who sat on the commission board in 2005 also belonged to the exchange. They included the DiMare Co., Ace Tomato Co., Pacific Triple E Produce Corp., Oceanside Produce Inc. and Live Oak Farms, according to minutes of both groups.

The commission's executive director, Ed Beckman, earned more than $100,000 a year from the commission and $30,000 from the exchange for managing that entity.

The exchange operated out of the commission's office and used its attorneys and accountants. The exchange's expenditures were recorded in the commission's accounting books, and the exchange used the commission's bank account. When the exchange sued several growers for selling tomatoes without following food and worker safety laws, the commission paid $10,169 of its legal fees.

As a government-sanctioned entity, the commission was authorized to require all California tomato growers and handlers to report the number and size of the tomatoes they shipped each day. Such sensitive sales information was supposed to be kept confidential, but the state audit concluded that the exchange "appeared to have access to the information of all assessment payers."

Horwath said exchange members received other advantages from the commission that were not available to everyone.

The commission periodically arranged for tomato buyers from Mexico, Canada and Japan to visit California and tour tomato producers' facilities in hopes that the buyers would purchase fruit from California. But Horwath's husband, Tim, said the couple often were not told about the opportunity to meet potential new customers.

"We were looking at these marketing programs and realized somebody's getting the benefit, and it certainly isn't us," said Tim Horwath, who oversees the family company's sales and packaging facility.

The Horwaths were not the only tomato processors who concluded that the commission was undermining their businesses.

Tim McCarthy, chief executive of Central California Tomato Growers Cooperative in Merced, said he learned that the commission was dispatching consultants to visit some of his customers, collecting information about McCarthy's sales and sometimes suggesting that the customer buy fruit from one of McCarthy's competitors.

In a 55-page response to the state audit, the commission denied that any tomato producers received preferential treatment or proprietary information and insisted that its spending was appropriate.

The commission said it had always operated independently from the exchange and blamed the agriculture department for a "virtual absence of any meaningful guidance" because state officials were aware of its activities but never protested them.

Ron Oneto, a farmer outside Sacramento who was the commission's chairman, said in a telephone interview that the department "signed off" on the commission's budget and financial reports every year.

Other former directors of the commission and exchange did not respond to inquiries from The Times.

Beckman referred questions to his attorney, who declined to comment, citing a pending lawsuit by Horwath against the commission and the department.

In the suit, the Horwaths are demanding a refund of $202,438 in assessments they paid from 2001 to 2005; that year, they began withholding them.

McCarthy and two other tomato producers eventually joined the Horwaths in withholding their dues, and California's splintered tomato industry voted to end the commission's operation as of Feb. 29 of this year.

Oneto called its demise a loss to the industry. "We won't have any researchers finding new treatments for diseases that keep popping up or finding new varieties of tomatoes," he said.

The exchange has also shut down. But eight of its members have formed a new cooperative: California Tomato Farmers, in Fresno. The executive director is Ed Beckman.

The new group's website says its members produce most of the fresh tomatoes grown in California, "more than enough to fill the needs of every retail and food service outlet in North America during our growing season."

Ex-NYMEX director pleads guilty to fraud

reuters.com | 4/8/08 | Leslie Gevritz

NEW YORK (Reuters) - A former New York Mercantile Exchange board member pleaded guilty to defrauding customers and tampering with evidence on Tuesday in exchange for serving 5 months in prison and paying $850,000 in fines and penalties.

In addition to Steven Karvellas, the former NYMEX Holdings Inc (NMX.N: Quote, Profile, Research) director, three others involved in fraudulent trading on the commodities exchange also pleaded guilty, the Manhattan District Attorney's Office said. Three more were arrested and their cases are expected to go to trial, the office said.

Karvellas, who also is a member of the Chicago Mercantile Exchange, owned both Steven J. Karvellas and Co, a natural gas trading company, and Commercial Brokerage Corp, according to court papers. He could have been sentenced to four years in prison on each of the two charges.

Karvellas, his crisp suit as gray as his hair, stood before New York State Supreme Court Justice Daniel Fitzgerald and quietly said the word "Guilty," acknowledging that he had delayed customers' orders to buy or sell natural gas contracts and stolen their trading profits.

Between September 2002 and May 2003, while he was serving as chairman of the exchange's Adjudication and Compliance Review Committee,

Karvellas delayed the allocation of customer orders and "if the market went up, he would take that order for himself," said Manhattan District Attorney

Robert Morgenthau, comparing Karvellas with "a fox in the chicken house."

By either not filling the orders or filling them at less favorable prices, Karvellas "was able to engage in risk-free investing and deprived the customer of the profits it deserved," according to the plea agreement he signed.

A second floor trader, Thomas Maloney, who worked for his own eponymous firm in the crude pit, also pleaded guilty to charges of violating the Martin Act for trading ahead of customer orders. He is expected to be sentenced to probation and fined $75,000 as part of his plea deal.

Both men were also barred from the industry.

Two others, Brian Keane, a former floor clerk who worked for Powers Futures Trading Inc, and Ryan Tremblay, a former floor clerk who worked for a number of companies a number have also pleaded guilty for the same crime.  Keane is expected to be sentenced to four months in jail; Tremblay is expected to get probation.

The three men who are expected to go to trial include two former floor clerks -- John Kozlik, who worked for Maloney Trading, and Al Demicoli, a clerk for New York Energy and Metals Executions Inc -- and former NYMEX employee Alvin Perez.

Morgenthau said there was not a conspiracy among the seven men, but "they were acting on their own."

Gregory Mocek, the director of enforcement for the Commodity Futures Trading Commission, told reporters: "These individuals were able to rig the system and call 'bingo' after the scheme was over."

The head of NYMEX, James Newsome, said in a statement: "Today's action should serve as an unmistakable notice to our market participants that NYMEX will not hesitate to work with law enforcement authorities, or take whatever steps are otherwise necessary, to protect the integrity of our markets."

Morgenthau's office declined to estimate the total amount of money the men stole. Karvellas, who will also have to serve five years' probation under the agreement, was ordered to surrender on Sept. 9 to begin his 5-month sentence.

Trusted banker siphoned off $1.4m, court told

smh.com | 4/10/08 | Les Kennedy

A ST GEORGE Bank employee, Veronica Yee Fong, had the power to give customers in financial crisis unsecured short-term overdrafts of between $5000 and $10,000.

She had worked at the bank for 21 years and such was the trust placed in  her that she was made a senior lending officer at a busy branch.  But that trust was shattered this month when it was discovered that over eight years she had siphoned off $1.4 million to her personal accounts, Central Local Court heard yesterday.

Police said the money Fong allegedly stole, by approving overdrafts for herself that had never been repaid, could not be found. Nor had police been able to establish how the money had been spent.

Fong, 46, from Redfern, appeared before the magistrate Julie Huber charged with 21 counts of having obtained money by deception from St George Bank between 2000 and February this year.

Police alleged Fong used the authority given to her by the bank to approve overdrafts for customers to carry out her fraud.

This was in breach of a bank rule signed by all employees that they could not carry out their own account transactions or update their personal accounts or those of relatives on the computer system.

But for eight years no one noticed that Fong was using her employee number and password to approve extraordinary overdraft loans in her name, and those of her aged father and her former husband.

The transactions began in 2000 with two unsuccessful attempts in February and March to give herself overdrafts of $10,000 and then $55,000, police told the court.

But her third attempt that year was successful, with a $90,000 overdraft being approved. By the end of 2000 Fong had approved two more overdrafts, each for $10,000. Still no one at the bank noticed.

By April 2005 Fong's lending had risen to granting herself an $180,000 overdraft, police alleged in the documents. On February 25 this year she approved herself a $568,000 overdraft and then three days later another for $668,000. No trace of the funds could be found, police said.

The bank discovered her fraud in late March and she was sacked.  The court heard that Fong, who was arrested by city central police yesterday, was yet to explain what she had done with the money. The court was told that St George had frozen all her assets, including her home in Redfern, her car and the assets of her parents and her son, including all their bank accounts.

The court heard that the bank had launched proceedings in the equity division of the Supreme Court to recover the missing $1.4 million. Police opposed bail on the grounds that the amount involved would make Fong a serious flight risk.

But Ms Huber relented, taking into account that Fong had lived at her Redfern address for 28 years after arriving in Australia from China with her parents in 1976, first living in Waverley where she had attended St Clare's College, a Catholic school.

Ms Huber said it was clear Fong still had strong community ties and granted her bail after an uncle offered to post it.  Fong was ordered to surrender her passport and to report daily to Redfern police.

The case was adjourned for hearing in Downing Centre Local Court on April 22.

Plea entered in HOA embezzlement

delmarvanow.com | 4/8/08 | Brian Shane

OCEAN CITY -- A Selbyville woman pleaded guilty to stealing more than $19,000 from a homeowner's association she was hired to manage.

Marsha Renfrow, 69, was the manager and treasurer of the Sundowner Park Association from 1992-2006. An Ocean City police investigation discovered that Renfrow wrote checks from the association to pay her own personal bills.

Renfrow pleaded guilty March 31 to felony theft in Ocean City District Court and was ordered to make restitution. She was also placed on 18 months of probation.

Residents of the 186-unit complex at 133rd Street got suspicious of her actions when Renfrow let them know there wasn't enough money to pay property taxes, and then flatly refused to provide any financial records, said Lucy Kelly, president of the neighborhood's board of directors.

"We said, 'What happened to it? If we keep paying into it, it should be there.' That's when things really started to fall apart," she said.

They investigated on their own. After finding a paper trail using cleared checks, they decided to contact police for help. They soon learned that the swindle left them in a $110,000 hole, forcing residents to come up with extra money to pay taxes, on top of their $70-$140 monthly fees.

Residents and police were able to document $19,371.02 in stolen funds. But Renfrow likely stole far more money than anyone will ever know about, said board member Anita Eastman.

"She still hasn't given us everything," she said. "She didn't give us all of the records. She didn't return all the books to us, so it's hard to find out. We have no proof of how much money came in, and what went out."

After the investigation was complete, Renfrow was charged with six counts of felony theft, one count of felony theft scheme and embezzlement. Police said Renfrow's theft occurred between Jan. 2000 and Jan. 2006. Court records show Renfrow had no prior criminal history in Maryland.

Police said Renfrow used more than $3,500 in homeowner's association money to pay telephone and electric bills, an insurance policy on jewelry and membership to a Sam's Club. She also used almost $7,000 on a storage facility in Delaware, and drew checks for petty cash totaling $8,600.

Even when police confronted Renfrow with cleared checks bearing her signature, she denied the misuse of funds. Then she said she didn't remember writing them. Renfrow eventually told police, "I don't know why I did it," and said she'd repay all the money.

Kelly said neighborhood leadership is to thank for stopping Renfrow, whom Kelly categorized as a bully. She said Renfrow intimidated many of the elderly residents, never returned phone calls and refused to work out of the office provided for her.

"She had no accountability until we came on the board," Kelly said. "Prior to that, I don't konw. No one may have asked her. I don't know why she was able to get away with it for so many years."

A nine-member board of directors now runs the park instead of a single manager, and residents said they're relieved that their financial house is finally in order.

Said Kelly: "We wanted her to be accountable for what she did. She finally admitted it. I think that was enough satisfaction for us."

Kingsport armored car service founder gets 30 days for embezzlement

timesnews.net | 4/8/8 | Matthew Lane

KINGSPORT — The founder of Capital Armored Services received a 30-day prison sentence for embezzling $7,000 from the company over a two-month period last year.

Jeffrey Scott Tankersley pleaded guilty in U.S. District Court in Greeneville in September to one count of embezzlement of more than $1,000. On Monday, U.S. District Judge Ronnie Greer sentenced Tankersley to 30 days in prison to be served intermittently in time periods of not less than 48 hours.

Greer also sentenced Tankersley to five years probation and ordered him to pay $39,000 in restitution. Tankersley faced a maximum sentence of 10 years in prison and a $250,000 fine.

According to court records, Tankersley was the president and owner of Capital Armored Services, a Kingsport-based business that provides transport and security services for financial institutions within the Tri-Cities.

One of the company’s principal business activities is to transport U.S. currency and coinage for the Federal Reserve Bank of Atlanta’s Nashville branch to and from banks and other financial institutions in East Tennessee. As part of that activity, Capital Armored Services would temporarily store the money in its vault in Kingsport.

In August, company officials discovered coinage missing from the vault. The FBI was subsequently informed of the missing coinage, and an investigation began. Prosecutors say Tankersley admitted to embezzling approximately $7,000 in $1 coins on three occasions between June 1 and July 30, 2007, and using the money for personal expenses.

Tankersley said when Capital Armored Services filed for bankruptcy last year, he took a $4,000-a-month pay cut. As this was going on, Tankersley said he was also going through a divorce and had to file personal bankruptcy as well.

During the Capital Armored Services bankruptcy proceedings, Tankersley said one of his partners was placed in charge of payroll by the bankruptcy court and that his check would be held back.

Tankersley said he would go to the vault and “spot” himself his paycheck with the intention of putting the money back when his actual paycheck would come in.

When the other company officials came in and found the vault short of money, they contacted the bankruptcy attorneys, who in turn contacted federal authorities.

“When they came in I admitted to everything, told them what happened, and it’s kind of like I took money from myself,” said Tankersley. “I feel like (the company officials) should have had enough courtesy to call me and say we have a problem. I could have explained it to them and prevented this whole thing from happening.”

During the course of the investigation, prosecutors discovered $32,500 in additional money missing from the Capital Armored Services vault, thefts allegedly done by other company employees. However, prosecutors say

Tankersley oversaw the falsification of the daily reports to the Federal Reserve Bank about the missing $32,500.

Court records state Tankersley gave investigators information regarding these thefts, but due to a lack of proof and poor accountability over the vault at Capital Armored Services, charges will not be filed against the other employees.

Since being charged with embezzlement last year, Tankersley helped run Burgers on Broad (which has since been sold) and now works as the general manager of Tri-City Cinemas and does marketing with Major League of Monster Trucks.

San Joaquin fruit packers agree to plead guilty in tax case

sacbee.com | 4/7/08 | Denny Walsh

Five members of a prominent San Joaquin County family were arraigned Friday and have agreed to plead guilty to federal tax charges stemming from years of pocketing unreported cash proceeds from their fruit packing and exporting operation, one of California's largest.

Lawrence Sambado, 70, and his wife Beverly, 71, their sons Timothy, 45, and Richard, 43, and Timothy's wife, Marie Josee Dusablan-Sambado, 42, are charged in five informations filed March 21 by prosecutors Benjamin Wagner and Matthew Segal.

Lawrence, Timothy and Richard Sambado are charged with filing false income tax returns, Beverly Sambado is charged with structuring monetary transactions with financial institutions so as to avoid federal reporting requirements imposed on the institutions, and Marie Dusablan-Sambado is charged with aiding in the structuring.

They are scheduled to plead guilty April 25 before U.S. District Judge Garland E. Burrell Jr.  Their undoing grew out of the separation of Richard and Anne Sambado. In January 2004, during their divorce proceedings, she and her lawyer walked into the Internal Revenue Service and spun a mesmerizing tale of skimming, according to court papers.

Anne Sambado told the IRS of her own use of cash and cashier's checks totaling in the tens of thousands of dollars to decorate her home, buy pool and spa supplies and pay for stays at resorts in Carmel Valley and Hawaii.

Subsequent investigation by the IRS turned up the family's cash expenditures for foreign travel, household maintenance, home improvements, food, clothing, child care and housekeeping services, court papers say.

They say many of these outlays showed up on the Sambado brothers' corporate books as business expenses, some labeled "packing labor" and "shipping labor."

Some $341,738 in corporate checks were used to build a Stockton home for Timothy and Dusablan-Sambado but, when Anne Sambado's lawyer made a demand for documents in connection with the divorce proceedings, the checks were transferred from the company's expense accounts to a loan account for Timothy Sambado, the records say.

The Sambados own and operate a large plant in Linden, a tiny community 13 miles northeast of Stockton. The plant houses Prima Frutta Packing Inc., a fresh fruit packer owned by the  brothers that packs and ships about 30 percent of the state's annual apple crop; Primavera Marketing Inc., a marketer and shipper of fruits, nuts and vegetables owned by the elder Sambado and his sons and a fourth partner; and A. Sambado & Son, Inc., the family's original farming enterprise owned now solely by Lawrence Sambado.

According to court papers, Lawrence and his father, Alex Sambado, farmed together in the Linden area, but by the early 1980s their joint venture had become "a ranch packer of cherries, apples and walnuts."

Lawrence and Beverly "then decided to transform the … operations to compete directly in the world export markets."

As part of their plea deals, the five family members will be required to make restitution to the government and file amended tax returns. But much of the taxes on unreported income will never be recovered because it is impossible to calculate how much was skimmed over the years and spent for personal benefit.

In addition, much of the skimming falls outside the statute of limitations on federal tax crimes.  It will be up to the IRS to negotiate a settlement with the family.

Court papers say the money at issue was derived from sales of "peddler fruit," fruit of inferior quality that does not meet U.S. Department of Agriculture standards. Peddlers – often operators of roadside stands – went to the plant and paid cash for this fruit, mostly cherries and apples.

April 8, 2008

Suprema CFO gets 8 years

nj.com | 4/8/08 | Greg Saitz

 Steve Venechanos didn't lead an ostentatious lifestyle. He didn't live in a big house or drive a fancy car. He spent time with his kids and helped his neighbors. He was, in his own words, "an ordinary guy."  But Venechanos also was chief financial officer of Suprema Specialties, a cheese company infested with fraud that cost investors and lenders at least $115 million. And for his part in that deception, he will spend the next eight years in federal prison.

As four rows of the 49-year-old New Milford man's family and friends looked on in a Newark courtroom yesterday, U.S. District Judge Stanley Chesler imposed the sentence that also included $115 million in restitution.

"While you weren't the ringleader, you never had the courage to do what you had to do -- blow the whistle. You went along," the judge said. "You did go along and your act of complicity in this fraud caused untold damage."

The punishment is a bit more than half the 15-year prison term Suprema Chief Executive Mark Cocchiola received almost two weeks ago. A federal jury in Newark convicted both men of dozens of charges after a seven-week trial last April.

Prosecutors contended the fabulous sales and profits Paterson-based Suprema posted in the years before it filed for bankruptcy protection in February 2002 were illusory. The numbers were based on a complex fraud that falsely inflated sales by $560 million during a seven-year period and a separate scheme to inflate the value of inventory, the government said.

Venechanos signed documents certifying the accuracy of Suprema's financial information to both banks and securities regulators at a time when he knew about the scheme being run by others, prosecutors said.

"Nobody feels worse than I do about what happened at Suprema," Venechanos said during the hearing. "I agonize every day about the shareholders and banks that lost money."

Moments earlier Venechanos wiped tears from his eyes as his attorney, John Whipple, talked about the ordinariness of Venechanos' life and the devastating effect a long prison term would have on his wife and two daughters, 16 and 11.

"They don't have a big life," Whipple said.  But Assistant U.S. Attorney John Fietkiewicz noted Venechanos received about $1 million from selling Suprema stock. The judge, who received more than 75 letters in support of Venechanos, acknowledged Venechanos seemed to be an ordinary guy living an ordinary life. But Chesler said there was no real doubt about Venechanos' guilt.

He also had to consider a sentence that factored in deterrence to others who may find themselves in a similar situation.

"In Corporate America today, there are thousands of people who are in the same position you were in," the judge said. "This has to stop, and it stops with people like you."

Venechanos is appealing his conviction. Six other Suprema employees and  customers who pleaded guilty to participating in the fraud still are awaiting sentence.

The judge allowed Venechanos to surrender to the Bureau of Prisons and begin his sentence July 1, after his daughters finish their school year.

SEC Files Charges Against CMKM Diamonds

forbes.com | 4/8/08 | Associated Press 

The Securities and Exchange Commission on Monday filed charges against CMKM Diamonds Inc., accusing the tiny mining company of violating federal securities laws by fraudulently issuing hundreds of billions of shares".

In a complaint filed in U.S. District Court for the District of Nevada, the SEC alleged that the company, CEO Urban Casavant and several others "conspired to illegally issue and sell unregistered stock" and "lined their pockets with more than $64 million from 40,000 nationwide."

The complaint alleges that Casavant generated investors' interest in the company through false press releases, Internet chat boards and funny-car race events in events across the country, without disclosing that he ran this purported gold and diamond company from his house in Las Vegas.

The SEC complaint charges CMKM, a broker dealer and transfer agent involved and 11 individuals including Casavant.

The commission identifies in its complaint John Edwards as the mastermind of the scheme. The SEC alleges that Edwards and others sold their unregistered stock into the public markets. The SEC alleges that Edwards profited by about $26.4 million from sales through a single brokerage firm and that Casavant received about $31.5 million.

The complaint alleges that CMKM improperly issued up to 622 billion shares of purportedly unregistered stock between January 2003 and May 2005. The SEC claims that these stock issuances were based in large part on "inadequate, suspect and inconsistent" written authorization and opinion letters prepared by company lawyer Brian Dvorak.

CMKM transfer agent 1st Global Stock Transfer LLC and owner Helen Bagley are also charged with issuing stack of stock certificates without restrictive legends based on these faulty documents.

The SEC is seeking permanent injunctions against the defendants and disgorgement of profits. The Commission is also seeking penny stock bars against each named individual defendants and an order prohibiting Casavant from acting as an officer or director of any public company.

The SEC revoked the registration of CMKM in October 2005 after the company failed to file annual and quarterly financial reports since 2002.

Former Thousand Oaks booster club treasurer arrested for embezzlement

simivalleyacorn.com | 4/7/08  | Joan Groff

The man who served as Thousand Oaks High School Football Booster Club treasurer for more than two and a half years has been arrested for allegedly embezzling the money he volunteered to help keep an eye on.  Michael McCarley, 59, turned himself in at the East Valley Sheriff's Station on March 12. Shortly thereafter he was arrested on suspicion of grand theft, having allegedly taken more than $30,000 from the club, according to Sgt. Mark Gillette.

McCarley is free on $10,000 bail.  "I know the booster club is obviously not really happy about that happening," Superintendent Mario Contini said. "There are steps being taken to take care of it, and we are working on it with the booster club."

McCarley wrapped up his duties as treasurer in November, around the same time the investigation began.

Dep. Superintendent Jeff Baarstad said the high school's principal, Tim Carpenter, contacted him, Contini and Janet Cosaro, assistant superintendent of personnel services, around winter break.

"There was some concern among booster members who believed that there were some problems with financial records and maybe even money missing," Baarstad said. "We got all their records so we could do an audit. There was enough initial information that it was pretty clear right away that something was up."

Contini said when an audit was done of the club's finances, they "noticed something suspicious." Eventually they determined that more than $30,000 was missing.

Carpenter and the booster club called authorities, and after the audit was complete, Baarstad released a report to the club and to the sheriff's department.  The district does have an internal auditor, a result of a similar situation nearly 10 years ago at another school in the district. Baarstad said the auditor does random checks of booster books and also trains high school and middle school staff, as well as booster members, on financial responsibility.

Baarstad said the TOHS football booster club is going to follow the district's training regulations "more rigorously" from now on.  Some examples of the rules include having two members count receipts, having the treasurer and an officer sign every check, never accepting checks made out to "cash" and keeping good records and receipts.

"I've been to a lot of workshops and seminars on bookkeeping and fraud prevention, and they say most of the time it's a good person in a difficult financial situation that has easy access to the money," said

Baarstad, who emphasized that he doesn't know McCarley or the specific situation.

"If you do things like (the regulations), the chances are much, much smaller of something like this happening.

"It's very sad," he continued. "Booster clubs are huge for programs like athletics and choir and band. Especially now you'll find that parent fundraising is paying the huge majority of the costs- they just wouldn't be able to operate without it."

Corporate theft leaves feelings of betrayal

news-record.com | 4/6/08 | Jennifer Fernandez

GREENSBORO — At 15, Thomas LaRose started Colonial Tin Works out of his bedroom.  At 25, after working with his father for a time, LaRose branched out on his own to expand his antique reproductions business.  At 51, he learned a longtime employee had embezzled his thriving business out of at least $849,000.

"You feel hurt, betrayed," he says. "Especially when you realize the company should have been doing better and you don't know why." Last year, more people embezzled large sums of money — more than $100,000 — from customers, businesses and nonprofits in Guilford County than in any other county statewide.  Embezzling large amounts of money accounted for 68 of the state's 5,124 embezzlement charges last year.  Twelve came from Guilford.

The number of those charges may be small, but the amounts of money are not. And the loss leaves a large impact.  Victims struggle not only to recover from the financial loss, but also to deal with feelings of betrayal. And they often turn a critical eye on their organizations, changing the way they do  business to prevent future embezzlement.

"In a way it's even more personal than, say, an armed robbery," said Stephanie Reese, a Guilford County assistant district attorney who handles financial crime cases. "A lot of these businesses, they're never going to be able to recoup their losses."

Building embezzlement cases takes a lot of time, and most of that work falls to the victims.  "Businesses that have been hit ... especially that hard, have to hire an accountant to put together documents to show where the money's gone," Reese said.

Nonprofit home builder Habitat for Humanity of Greater Greensboro brought in an outside company to comb through records. Internal and external audits eventually tracked down nearly $522,500 that had been embezzled over several years.

Search warrants for credit card accounts helped The Towers/Hampshire condominium complex find some of what had been taken from it, allegedly by the former building manager. Officials are still reviewing documents.

An Internal Revenue Service investigation helped Colonial Tin Works track down its losses since 2000. A former accounts payable clerk is accused in that case.  Habitat for Humanity lost a $70,000 grant and was put on probation by the national organization after local officials discovered the embezzlement.The group scaled back plans to build 50 homes a year while it recovers financially. "Right now we're on track to build about 16 this year," said Pat Arnett, director of development and communications.

The sentencing of former accountant Sheryl Wall in October drew dozens of Habitat's volunteers and donors. They packed the small courtroom, some forced to stand as the judge sentenced Wall to four years in prison and ordered her to pay restitution.

Guilford County Superior Court Judge John O. Craig III said then that Habitat should not be held blameless. He criticized the group for allowing Wall too much access without any controls.  Habitat officials say Wall took the money from cash mortgage payments, then pocketed the money and falsified records and reports to the board. No donations were affected.

Officials immediately changed procedures after discovering the embezzlement and said they now use better financial controls.

Hampshire hired a management company to oversee the 107-unit complex after discovering the embezzlement, former board president Julie Lapham said.  Longtime building manager Emily Jo Johnson, 59, faces one count of embezzling more than $100,000.

Officials discovered financial discrepancies during Lapham's term as board president. She says Johnson took at least $180,000 using credit cards that Johnson allegedly opened in her name with Hampshire as a co-signer from 2002 through 2006. Warrants show police requested information on several credit card accounts, but they don't show how much money may have been taken.

"It's been devastating," Lapham said. She doubts Hampshire's board would ever go back to hiring an individual manager.

LaRose hired a certified public accountant and plans more frequent audits after a bank teller alerted Colonial Tin Works of potential embezzlement in 2005.  Former accounts payable clerk Susan Smith was sentenced to nearly three years in prison after pleading guilty last month in federal court to failing to report income from the embezzlement on her 2004 tax return. (Excerpt)

April 7, 2008

Losses from loan fraud surging, say industry, FBI

boston.com | 4/7/08 | Bob Tedeschi

NEW YORK - Lenders are experiencing a surge in losses from mortgage fraud, according to recent reports from law enforcement agencies and industry research groups. The ripples are reaching borrowers in new ways, as mortgage banks seek to stanch the flow of dollars to con artists.

 

"It's looking like a record-breaking year already," said Stephen Kodak, a spokesman for the FBI. Kodak said that in first half of the 2008 fiscal year, which ended last month, the FBI received nearly 30,000 "suspicious activity reports." The 2007 fiscal year ended with 46,000 reports and 260 convictions.

The biggest surge in federal law enforcement activity has focused on "fraud for profit" schemes, in which mortgage insiders - appraisers, real estate agents, loan officers, and lawyers - often work in teams. They falsely inflate a home's value, get a huge mortgage to buy it (usually using false identities), split the profits, and then disappear.

Late last year, federal agents said, six people were accused of defrauding homeowners, mostly in Brooklyn and the Bronx, by offering to help the victims "save" their homes from foreclosure.

In reality, the defendants bought the homes with mortgage money they obtained by falsifying information on loan applications, the agents said.

The defendants, who took out more than 80 mortgages or equity loans worth more than $20 million, pocketed the difference between the new loans and the old loans they paid off on their victims' behalf. And they kept the houses.

Lenders will incur about $2.5 billion in losses as a result of mortgage fraud this year, according to a recent report by TowerGroup, a financial consultancy in Needham, Mass.

San Jose cell phone dealers arrested in $2M fraud probe

bizjournals.com | 4/3/08 | Staff Writer

A dozen people have been arrested in connection to about $2 million in fraud and identity thefts involving San Jose wireless phone dealers, employees and customers, state insurance officials said Thursday.

Commissioner Steve Poizner's office said false theft claims were filed on insurance policies bought by unsuspecting wireless phone buyers. The dealers sold or gave away to new customers the replacement phones paid for by the insurance.

The California Department of Insurance Fraud Division, with assistance from the California Highway Patrol and the Santa Clara County District Attorney's Office, launched investigations into several stores in 2005 after insurance administrator Asurion Corp. reported suspected fraudulent claims.

Church business manager pleads guilty to theft

buffalonews.com | 4/4/08 | Staff Writer

Randall Kozlowski, the former business manager of Our Lady Help of Christians Catholic Church in Cheektowaga, pleaded guilty Friday to charges he stole almost $380,000 from the church to pay off gambling debts.

 

Jailed since his Jan. 31 arrest, Kozklowski, 49, of Fordham Avenue, was told by State Supreme Court Justice John L. Michalski that he could face probation or up to 15 years in prison when sentenced June 12.

Erie County District Attorney Frank J. Clark said a routine diocesan audit uncovered the thefts, which occurred from November 1998 until last April.

John C. Doscher, head of the district attorney's White Collar Crime Bureau, said Kozlowski signed a confession of judgment, making him liable for the full repayment in return for his plea to second-degree grand larceny.

April 6, 2008

Woman gets 90 days for energy company embezzlement

caperstartribune.net | 4/5/08 | Joshua Wolfson

Tracy Schwartzkopf stood before the judge, her words coming quickly in a trembling voice.  "I know what I did is wrong," she said, acknowledging that she embezzled thousands of dollars from a Casper energy company whose finances she once handled. "I took money from people who trusted me."

A judge Friday sentenced Schwartzkopf to 90 days in jail and three years supervised probation for embezzlement and forgery. Prosecutors say she stole nearly $200,000 from Jonah Energy and then tried to cover her tracks with a web of fake companies and bogus documents.

Before handing down his sentence, Natrona County District Judge Scott Skavdahl said he had  trouble understanding why Schwartzkopf, a Jonah Energy shareholder whose own attorney acknowledged she didn't need the money, would steal from the company.

"In the end, the only thing I can conclude is that this was solely driven by greed," Skavdahl told the court.  In addition to the jail time and probation, Schwartzkopf received a suspended prison sentence of two and- a-half to four years. She must also complete a felony program at the Casper Re-Entry Center and pay a fine of $7,200.

"I guess the more you succeed in life, the farther you have to fall," Skavdahl said. The judge noted that while Schwartzkopf admitted she embezzled the money, she only did so after police confronted her. When company officials initially questioned her, she claimed she had used the money to reimburse herself for Jonah Energy expenses she paid out of her own pocket.

Schwartzkopf, 49, has already paid back the money she stole. For most of the hearing, Schwartzkopf, dressed in street clothes, looked on from the defense table, her head resting on her right hand.

Before the sentence, Schwartzkopf's attorney, Michael Krampner, read from a letter he said was from John Martin, president of Jonah Energy. Martin worked with prominent Casper businessman and philanthropist Mick McMurry to develop Jonah Field -- one of the largest natural gas fields in the United States.

In the letter, Martin said Schwartzkopf has expressed remorse and made full restitution for the money she took. He also asked that the court to grant Schwartzkopf leniency, according to Krampner.

Krampner said his client confessed to the embezzlement and is giving up her accountant's license. "There is no danger of this happening again," he said. 

In arguing for a prison sentence of two to four years, Assistant District Attorney Joshua Stensaas pointed out that Schwartzkopf was in a position of trust in the company and completed 21 different illegal transactions over 10 months.

Schwartzkopf created fake people and companies in an attempt to hide what she'd done, he added. "This is not lying to police," he said. "This is an extensive cover up." 

Police began to investigate Schwartzkopf in June, when company attorneys and accountants reported the suspected theft to Casper police detective Shawn Jenkins.

Company officials had found checks made out to Schwartzkopf. She told them the checks were to reimburse her for payments she made out of her own finances on behalf of Jonah Energy, Jenkins explained during Friday's hearing.

However, the detective later discovered that businesses Schwartzkopf supposedly paid didn't actually exist. For example, Schwartzkopf had provided company officials with bills for a law office that didn't exist, Jenkins told the court.

During a police search of Schwartzkopf's home, she admitted documents she provided to company officials were phony, Jenkins said.

In December, Schwartzkopf pleaded guilty to embezzlement and forgery as part of a plea agreement with prosecutors, who dismissed six other charges against her. The Natrona County District Attorney's Office also agreed to cap its sentencing recommendation at three to five years.

At Friday's hearing, prosecutors recommended Schwartzkopf serve two to four years in prison. Schwartzkopf, who had been free on $1,000 bond pending the sentencing, was ordered to turn herself in at Natrona County Detention Center on Friday afternoon.

Feds investigating alleged tax fraud scheme

northplattebulletin.com | 4/5/08 | Frank Graham

The U.S. Department of Justice subpoenaed five North Platte doctors and three others to give depositions of their knowledge of a tax fraud scheme that allegedly took place here from 2002 to 2004.

 

Subpoenaed to appear before federal officials April 14 were Drs. Burt McKeag, Walter Weaver, Michael Trierweiler, Michael Bianco and Young Sik “Chris” Johng.

Three others were also subpoenaed to appear April 14 at the Lincoln County Courthouse - Kathryn Snoozy, a nurse anthesthetist; Evan Geilenkirchen, a nurse anthesthetist; and Bob McChesney, a certified public accountant.

Federal officials subpoenaed the eight in an investigation of a California accountant, Lowell Baisden.

Baisden, a certified public accountant, set up dummy corporations in Nevada and Wyoming for doctors and other professionals in Nebraska and California, according to federal officials. Federal officials said Baisden began his scheme with his brother-in-law, Dr. Michael Koning, an anesthesiologist who used to practice at Great Plains Regional Medical Center.  Koning ran a corporation called Anesthesia Consultants of Nebraska and contracted to provide exclusive anesthesia services to GPRMC. Koning was the medical chief of staff of GPRMC in 2002 and introduced Baisden to others in North Platte.

Baisden’s scheme became common knowledge at GPRMC, according to a hospital source. While some doctors and others bought into the plan, most didn’t.

Numerous physicians and other employees doubted it was legal. Baisden reportedly funneled his clients’ personal income through the corporations to allegedly hide it from tax liability. The sham corporations then paid each client a small salary and the rest of their living expenses through corporate accounts.

Baisden’s clients paid him a monthly fee for the various transactions, and he prepared  both their corporate and individual tax returns.

The scheme, which is now being investigated by the Justice Department and the IRS, has allegedly been going on for at least seven years, since 1999.

One physician allegedly became upset when Koning approached a secretary at the hospital to get the address of a newly recruited doctor who had yet to move here just to pitch the scheme to him.

A lawsuit filed by Koning against his former employees says that in early 2003, Dr. Andrew Chontos, a former North Platte surgeon now living in South Dakota, called a criminal investigator with the IRS in Denver and accused Baisden and Koning of criminal wrongdoing.  Chontos then sent a letter to the U.S. Postal Service and various physicians at GPRMC claiming that Koning was engaging in “illegal activity,” court records show.

Employees of Koning’s, anesthetists Burt McKeag and Ron Bourne, also phoned the IRS to report suspected criminal wrongdoing by Baisden and Koning, according to the records. Bob McChesney, a North Platte certified public accountant, sent a letter in January 2004 to the U.S. Postal Service and Dr. Michael Trierweiler along with other physicians accusing Baisden and Koning of illegal tax evasion schemes, court records show.

“The U.S. Supreme Court ruled against that type of scheme years ago,” McChesney said Oct. 10, 2006. “That letter was to terminate relationships due to the scheme.”

GPRMC terminated its contract with Koning, and many of Baisden’s clients ended their relationships with him, according to court records.

The U.S. Attorney’s office and the U.S. Treasury Department began to investigate. At  least four different IRS agents have been investigating since 2005.

IRS Agent Bruce Williams sent formal summonses to Trierweiler, Drs. Walter and Deb Weaver, Evan Geilenkirchen and Kathryn Snoozy requesting documents and testimony about their incomes for 2002 and 2003.

Williams said after delays caused by Baisden claiming hardships for the taxpayers, he was finally able to meet with Trierweiler, Snoozy and Geilenkirchen. He said he did not meet with the Weavers but that they sent documents to him.

Williams said Baisden has instructed his customers not to comply with the IRS requests. (Excerpt)

April 3, 2008

Lawyer to appeals court: Clear Skilling of Enron charges

chron.com | 4/3/08 | Kristen Hays

NEW ORLEANS — Jeff Skilling went to prison more than a year ago, but he has kept a sharp focus on his appeal in hopes that it will free him, his lawyer said today.

"Jeff's whole life in the last year and three or four months has rolled up to today," Daniel Petrocelli said minutes after fervently urging a 5th U.S. Circuit Court of Appeals panel to overturn the former Enron CEO's 19 convictions related to the the searing scandal that felled the company more than six years ago.

Skilling supporters packed the courtroom, including his two brothers and sister, who declined comment, and members of co-defendant Ken Lay's legal team. Lay was convicted alongside Skilling in May 2006, but the former Enron chairman died six weeks later. His convictions were later erased because he died before he had appealed or been sentenced.

Petrocelli and the government have filed voluminous briefs in the appeal, with Skilling seeking reversal and prosecutors seeking to maintain all the felonies that sent him to the lockup for 24 years. He began serving his sentence in December 2006 at a federal prison in Waseca, Minn.

In fast-paced arguments this afternoon, both sides focused mainly on Skilling's greatest strength in the appeal and the government's greatest weakness — a prosecution strategy used in his case that has largely backfired in other Enron cases.

The three judges didn't say when they would rule.

The strategy in question involved the government's assertion that Skilling robbed Enron of his "honest services" by setting corporate goals that were met by fraudulent means amid a widespread conspiracy to lie to investors about the company's financial health.

In a 2-1 ruling in another Enron case, a different 5th Circuit panel concluded that prosecutors had wrongly used that theory to win convictions because the defendants' actions were aligned with Enron's corporate goals and they didn't steal, embezzle or otherwise take money or property.

And in yet another Enron case, a panel of the court upheld a district judge's decision to throw out all convictions because prosecutors presented the honest services theory when it didn't apply.

That panel included one of the judges who heard Skilling's appeal, Jerry Smith.  Prosecutors used the honest services theory to convict Skilling of conspiracy to commit securities and wire fraud. While an instruction to the jury linked only 12 counts of securities fraud to that conspiracy count, Petrocelli argued that all 19 counts on which he was convicted — including a count of insider trading and five counts of lying to auditors — should be thrown out because the theory taints everything.

"We have an employee, Jeff Skilling, acting in pursuit of Enron's interests at all times," Petrocelli said. "There's no kickback. There's no bribery."

Assistant U.S. Attorney Doug Wilson, arguing for the government, said the honest services issue doesn't gut Skilling's convictions because as the CEO, he set the agenda, whereas the defendants in the other Enron cases carried it out.

Skilling's actions "were plainly dishonest, they were fraudulent," and the conspiracy was a means by which his corporate ends were met, Wilson said.

Petrocelli argued further that secrecy is an issue in prosecutions based on the theory.  The government has noted in court filings that in a non-Enron case, the appeals court rejected arguments that university basketball coaches thought they were acting in the institution's best interests by fraudulently establishing academic eligibility of transfer students. But those coaches acted without the university's knowledge, Petrocelli said.

By contrast, fraudulent actions at the center of Skilling's convictions involve transactions and financial structures that were presented to and approved by Enron's directors, he said.

"Does the record reflect the acts charged were approved by the board?" Judge Smith asked.

"Repeatedly, your honor. Repeatedly," Petrocelli replied.

Wilson later noted that the board didn't approve illegitimate acts to manipulate earnings in part by using those transactions or structures.

Another judge on the panel, Edward Prado, asked Petrocelli if artificially inflating earnings was in Enron's best interests.  Yes, Petrocelli said, and while that may be criminal, it's not a breach of honest services as noted in the 5th Circuit's previous Enron-related rulings.

Prosecutors presented another theory of securities fraud alongside the honest services theory in Skilling's case. However, jurors rendered a so-called "general" verdict, which doesn't specify which  theory they relied upon to convict. U.S. District Judge Sim Lake rejected the defense's request for a special verdict, which would have had that specificity.

Wilson said special verdict forms "confuse juries," but Petrocelli countered that the convictions are tainted because no one knows what theory prompted jurors to convict.

Smith and the third panelist, U.S. District Judge Alia Ludlum of Del Rio, asked whether Skilling's insider trading conviction stood apart from the rest because it could involve self-dealing.

That count focused on his sale of half his Enron holdings — 500,000 shares — in mid-September 2001 for millions of dollars. Prosecutors asserted he ordered the sale a month after he had abruptly resigned from Enron because he knew the company was crumbling, while Skilling claimed he did so because of market turmoil following the Sept. 11, 2001 terrorist attacks.

Petrocelli said self-dealing in the context of honest services involves acts that are kept secret from the employer. Skilling sold his stock on the open market — though he was not required to report the transaction to the Securities and Exchange Commission because he was no longer an Enron officer, Petrocelli said.

Convicted National Century execs arrested following alleged plot to flee country

bizjournals.com | 4/3/08 | Kevin Kemper

Four convicted National Century Financial Enterprises Inc. executives were arrested Wednesday, following fears that they planned to flee to Aruba.

The executives, convicted last month on conspiracy and securities fraud charges and facing years behind bars, had their bail revoked and were taken into custody after law enforcement officials claimed they were planning to flee in advance of their sentencing, according to accusations made in filings at U.S. District Court in Columbus.

Taken into custody were Donald H. Ayers, 71; James Dierker, 40; Roger Faulkenberry, 46; and Randolph Speer, 57. Their arrests came less than a week after authorities issued an arrest warrant for Rebecca Parrett, 58, the former treasurer and co-founder of National Century. Police are searching for her after she failed to show up for an appointment with a court officer in Arizona, where she was to await sentencing. Her whereabouts remain unknown.

The five executives were convicted March 13 of running a multiyear fraud at Dublin-based National Century, which collapsed into bankruptcy six years ago, resulting in as much as $3 billion in investor funds going missing. They each face prison sentences of 20 to 55 years.

U.S. District Court Judge Algenon L. Marbley allowed the five executives to remain under house arrest until their sentencing on the condition they would be placed on electronic monitoring. Parrett never received a monitoring device.

FBI agents learned of the executives' alleged escape plan Tuesday from a confidential source, according to the filing.

"The (FBI) developed information from a confidential source, who reported to FBI that (former National Century CEO Lance Poulsen) told the confidential source that the NCFE defendants had a plan to flee to Aruba if they were convicted," the document said.

The document also said the government discovered Parrett allegedly attempted to secure false identification papers prior to her trial.

Poulsen is scheduled to be tried on similar fraud charges this summer. He and a friend, Karl  Demmler, were convicted last Wednesday on witness tampering charges stemming from claims they tried to bribe a key government witness scheduled to testify in Poulsen's trial. The two men are in custody awaiting sentencing.

Accountant charged with embezzlement

bradenton.com | 4/3/08 Staff Writer

A 29-year-old Bradenton woman was arrested Monday and charged with embezzling more than $402,500 from a Sarasota company where she worked, according to a Sarasota County Sheriff's Office report.

Annique V. Lesage, of the 4200 block of 14th Avenue East was an accountant at Benton USA since July 2006.

From Oct. 1, through March 28, Lesage wrote 78 checks to herself from the company bank account, forged the signature of company vice president, mailed them to her home and deposited them into her personal bank account, according to the sheriff's office.

Lesage hid the shortages by crediting the checks as being paid to various legitimate accounts.

Sheriff's office detectives also said Lesage illegally used a company credit card to purchase three rings valued at $2,040.

She was charged with grand theft over $100,000, uttering a forged instrument, and two counts of fraudulent use of a credit card.

Lesage was being held in the Sarasota County jail on a more than $1 million bond.

April 2, 2008

Ex-UN Official Sentenced to 8 Years

ap.google.com | 4/2/08 | Staff Writer

NEW YORK (AP) — A former United Nations procurement official convicted of accepting bribes was sentenced Tuesday to eight years and a month in prison.

Sanjaya Bahel, 57, was sentenced after a jury found he had helped a friend win $100 million in U.N. contracts in exchange for a huge discount on two luxury Manhattan apartments and cash.

U.S. District Court Judge Thomas P. Griesa also ordered Bahel to forfeit $103,500 and his interest in the apartments, near the United Nations headquarters. Bahel was chief of the U.N.'s Commodity Procurement Section from 1999 to 2003.

Before he was sentenced, Bahel apologized. "All that I have has been lost as I stand before you," Bahel told the judge as he requested mercy. "I have let down a great many people."  Bahel was convicted of bribery, wire fraud and mail fraud last June. He has been incarcerated since.

Defense lawyer Richard Herman said Bahel would return to his native India after he serves his sentence.  The criminal probe of Bahel began after the United Nations turned over an 86-page report on Bahel's conduct to federal prosecutors in July 2006.

Head of 9/11 foundation denies fraud charge in court

nj.com | 4/2/08 | CJ Rothma

Fred Parisi told a judge today he was the victim of a smear campaign, insisting he was a New York City police officer at Ground Zero on Sept. 11 and is now raising money to help 9/11 rescue workers.

But Morris County Assistant Prosecutor Les Wade had a different description of Parisi: a fraud and a flight risk.

"What we have here is a con-man," Wade told Superior Court Judge Salem Ahto in  Morristown, successfully requesting the judge hike Parisi's $100,000 bail. "His web of deceit is so large, it'll take time to unravel it."

Parisi, 40, who police say lied about his connections to 9/11, is charged with theft and failure to allow his business partner to access company money. Both charges are unrelated to Parisi's fundraising.

Parisi has raised as much as $20,000 with his 9/11 foundation, and investigators said they are reviewing the possibility of fraud. They also are looking into claims that Parisi raised $1,500 so his son could participate in an overseas baseball program. The money was never spent, and police want to know why, authorities said. He faces impersonation charges filed by the U.S. Secret Service four years ago, authorities said. In addition, Parisi was charged last June with bilking a Jefferson pet groomer out of $81,000.

Ahto increased his bail to $250,000 today and told Parisi he'd have to surrender any firearms in his possession if he posted bail and gained his freedom. He also cannot contact the business partner; Parisi is charged with denying him access to $235,000.

According to police records, Parisi is accused of cutting off partner, Roy Jensen, from company funds by moving the money into bank accounts to which Jensen had no access, authorities said. Parisi remains at the Morris County Jail.

Police said Parisi was really a police recruit on Sept. 11, and the academy class was at Floyd Bennett Field in Brooklyn for police driver training. He never responded to Ground Zero that day, authorities said, adding he was dismissed from the academy in November 2001.

Parisi was told several times by the judge that he might want to have attorney at his side before talking.

Teller jailed for bank embezzlement

ctpost.com | 4/1/8 | Daniel Tepfer

BRIDGEPORT — A former bank teller was sentenced today to two years in prison for embezzling more than $40,000.

During the sentencing in Superior Court, Shavonne Davis, 26, tearfully begged Judge George Thim not to put her in prison.  "I'm the only one my six kids have and without me I don't know what will happen to them," she told the judge.

But Thim pointed out he had already continued the case once before so Davis, a Bridgeport resident, could come up with promised restitution for the stolen money, but she did not produce the money.

"The only thing I can do is impose a sentence on you for your wrongdoing," he added. He sentenced her to eight years, suspended after she serves two years and followed by five years probation for the count of first-degree larceny.

According to Senior Assistant State's Attorney Robert Brennan, officials of Bank of America on Dec. 8, 2006, became suspicious of the differences in deposits by Davis at her teller station in the Stratford  Avenue branch and decided to audit it. The audit determined that Davis' station was short $42,544, according to the prosecutor.

Brennan continued that Davis had been entering false figures into her work station computer in an effort to balance the records of transactions and conceal the fact she was taking the money. 

Davis "found herself in a position where the temptation was too great and the pressures from home were too great," her lawyer, Assistant Public Defender Miles Gerety, told the judge. "I don't see much interest in society in incarcerating her."

Cushing Man Pleads Guilty To Embezzlement From Elks Fund

sltrib.com | 4/1/8 | Correspondent

STILLWATER -- A Cushing man pleaded guilty Friday to embezzling $84,800 from the Oklahoma Elks Major Projects Fund while he was serving as the fund\'s treasurer last April prior to his resignation.

Frank David McCalla, 57, has a plea bargain to receive five years\' probation and a $500 fine, according to court documents, which do not list the amount of restitution he would be required to pay. 

According to the charge filed by Payne County First Assistant District Attorney Tom Lee in July, embezzlement carries a maximum penalty of a 10-year prison term, a $10,000 fine and an order to pay restitution.

According to the charge filed by Payne County First Assistant District Attorney Tom Lee in July, embezzlement carries a maximum penalty of a 10-year prison term, a $10,000 fine and an order to pay restitution.

"McCalla wasn't sure the exact amount he had embezzled, but stated he was ashamed and didnt know what he spent the money on," Bartrams affidavit alleged.

"On 7-10-07, I spoke with McCalla and he admitted gambling at casinos and that his life was in a mess.  McCalla said he would make the checks payable to him or cash," Bartram alleged in his affidavit.

"McCalla said he was gambling and that life was a mess. McCalla also gave Bredesen $14,750 towardrestitution," Bartrams affidavit alleged.

"I spoke with Brian Bredesen, past president of the Elks whom McCalla turned the financial records into. At the time he turned the records over, Bredesen asked what happened.

Former Payne County Sheriffs Investigator Billy Bartram wrote in an affidavit that on July 2, the day that Bartram assumed his post, he began an investigation into the embezzlement of $84,800 from the Oklahoma Elks Major Projects Fund. Inc.

If Murphy gives McCalla a deferred sentence in accordance with the plea bargain, McCalla would not have a criminal record if he successfully completes his probationary period.

McCalla remains free on $25,000 bond pending his sentencing on May 23 by Associate District Judge Robert Murphy Jr., who ordered a background report Friday.

"I did take the amount in the allegation," McCalla wrote in his guilty plea filed in court records.

April 1, 2008

Judge refuses to dismiss charge against law firm

 sfgate.com | 4/1/8 | Staff Writer

A federal judge has refused to dismiss a money laundering conspiracy charge against a law firm accused in a lucrative kickback scheme.

Following a hearing on Monday, U.S. District Judge John Walter ruled the law firm formerly known as Milberg Weiss was correctly charged.

Prosecutors say payments were made to people to act as plaintiffs in class-action lawsuits targeting some of the largest corporations in the nation.

Elizabeth Taylor, an attorney for the firm now known as Milberg, argued that the money laundering conspiracy charge was a separate offense from the alleged kickback scheme.

Trial is scheduled for Aug. 12.  Four current or former partners of the firm previously admitted criminal conduct.

Businessman pleads guilty in what is believed largest-ever fraud in state

sltrib.com | 3/31/08 | Tom Harvey

Ogden businessman Val E. Southwick pleaded guilty this morning to nine criminal charges in connection with the collapse of a web of companies that state and federal agencies say bilked at least 800 people out of $180 million.

The case, likely the biggest financial fraud ever committed in Utah, is described by prosecutors as a massive Ponzi scheme in which monies from the newest investors were used to pay more mature ones.

Southwick admitted to the crimes as part of a plea bargain in which he is required to cooperate with state and federal investigators to uncover assets that could be used to pay back his victims in 30 states and three foreign countries, four of whom were in court today.

The victims objected to part of the plea bargain that delayed sentencing in order to allow Southwick to cooperate with authorities.

Waldo Perkins, a retired doctor, told 3rd District Judge Robin W. Reese he lost nearly $1 million he invested with Southwick, who promised victims extraordinarily high returns from monies that were described as safe investments in real estate ventures, mostly in Utah and Nevada.

"I had my entire savings from an IRA in that investment," said Perkins, who told the judge that Southwick already has had 22 months to help get victims' money back since his VesCor Capital and a web of 150 or so companies collapsed in 2006.

"To me it's ludicrous that he's been given an extension."

Assistant Attorney General Charlene Barlow told Judge Reese that the federal Securities and Exchange Commission had requested the time in order to allow Southwick to recover the assets of the defunct companies in hopes that investors could be repaid. The SEC also wants a deeper explanations about the companies' records.

In response to the complaints, Reese set a hearing for June 2 - instead of an August date originally proposed - at which time a sentencing date could be set. Southwick faces prison sentences of up to 15 years on each of the nine counts of violating Utah securities laws.

Southwick said "guilty" in a steady voice when Reese asked him how he was pleading to the nine counts.

As Southwick was leaving the courtroom, investor Emma Marroguin confronted him and asked, "How can you sleep at night? ... You will go to hell."

Marroguin said she lost all of her retirement funds, $400,000, that she had been counting on to help finance her current mission in Salt Lake City for The Church of Jesus Christ of Latter-day Saints. Marroguin was wearing a plastic name tag in court that identified her as a church missionary.

Asked outside the courtroom whether he had the money to pay back people such as Marroguin, Southwick  replied, "I'm cooperating with the SEC. You'll have to direct your questions to them."

Also outside the courtroom, other investors met with Barlow to express their displeasure that Southwick was being allowed extra time to cooperate with investigators. Barlow said the time was necessary so Southwick could explain the complex transactions that took place.