« April 2008 | Main | June 2008 »

May 28, 2008

Feds Go After Stock Loan Scammers

forbes.com |  5/22/08 | Liz Moyer

The feds have broadened a year-old investigation into the inner workings of Wall Street, announcing four more arrests Thursday for allegedly fraudulent stock-lending schemes.

Stock loan is a little noticed yet profitable enterprise for big banks and brokerages, bringing in some $10 billion a year, by some estimates.

Traders use stock loan desks to access securities to buy or to borrow to sell short. Sometimes traders use stock loan "finders" to help locate difficult to borrow stocks, but the "finder" trade is losing its prominence in an age of electronic trading. Still, stock loan is a business that is ripe for abuse, at least according to investigators. Since last year, 18 people have pleaded guilty to kickback and bribery in New York's Eastern federal court district, which has been leading the cases.

On Thursday, the U.S. attorney for the Eastern District announced the arrest of a former stock loan supervisor from Morgan Stanley and two former managers from Janney Montgomery and one other person on a variety of charges, including securities and wire fraud, money laundering and bribery.

The investigation found that stock loan traders at large brokerage firms conspired with stock finders to funnel millions of dollars in fraudulent fees to the finders or relatives of the finders in exchange for kickbacks, also often involving family members. The investigation has targeted stock lending traders at A.G. Edwards, Kellner Dileo, Oppenheimer, Morgan Stanley, TD Waterhouse, Nomura Securities, PFPC Worldwide, Schonfeld Securities and Van der Moolen Specialists.

"The schemes are illegal, the gains ill-gotten and the losses a threat to market stability and investor confidence," said Mark Mershon, assistant director of the FBI.

In the indictments released Thursday, prosecutors charged Darin Demizio, a former supervisor at Morgan Stanley, and Robert Johnson, a finder at a company called Tyde, for two schemes. In the first, Demizio allegedly directed Morgan Stanley stock loan business to Johnson and one other person for kickbacks paid to his family members.  In the second, Johnson allegedly paid kickbacks to a trader at JPMorgan Chase for stock loan trades. The payoffs were made through offshore accounts in the Caribbean.

In another indictment, Joseph Lando, the former stock loan manager at Janney Montgomery, is alleged to have gotten kickbacks  in exchange for giving favorable business to Van der Moolen. He is also alleged to have paid kickbacks to relatives of A.G. Edwards and Nomura traders in exchange for business.

A third indictment announced Thursday involves Andrew Caccioppoli, also formerly of Janney, who is alleged to have stolen $350,000 from Janney by way of phony finder's fees paid to his sister and brother-in-law.

Four of the defendants have been arrested, and two others have been charged and are expected to surrender. The Securities and Exchange Commission also has filed civil charges against 38 individuals, including 17 current or former stock loan traders.

Auditor: Supervisors Covered Up Risky Loans

npr.org | 5/28/08 | Chris Arnold

Morning Edition, May 27, 2008 · Now that millions of people are facing foreclosure because they got into loans that never should have been approved, everybody's looking for someone to blame. Borrowers, or their brokers, lied on loan applications. Others got high interest rates they couldn't afford.  A big unanswered question is whether the Wall Street investment banks that were packaging these mortgages knew they were selling garbage loans to investors. A wave of litigation is starting against these firms. One former worker whose job was to catch bad loans says her supervisors covered them up.

Tracy Warren is not surprised by the foreclosure crisis. She saw the roots of it firsthand every day. She worked for a quality-control contractor that reviewed subprime loans for investment banks before they were sold off on Wall Street.

It was her job to dig into the loans and ferret out problems. By 2006, they were easy to find.  "I'd see people who were hotel workers saying that they made, in California, making $15,000 a month so that they could qualify for a $500,000 home," Warren says. "If a hotel worker is making $15,000 a month changing sheets at the Days Inn, everybody would want to do it. It just really made no sense."

Warren has worked in the mortgage business for 25 years, the past five in quality control. Most recently, she was a contract worker for a company called Watterson-Prime, which did loan audits for investment banks. She says

their biggest client was Bear Stearns, which recently all but collapsed because of its exposure to bad loans. 

Warren thinks her supervisors didn't want her to do her job. She says that when she would reject, or kick out, a loan, they usually would overrule her and approve it.

"The QC reviewer who reviewed our kicks would say, 'Well, I thought it had merit.' And it was like 'What?' Their credit score was below 580. And if it was an income verification, a lot of times they weren't making the income.

And it was like, 'What kind of merit could you have determined?' And they were like, 'Oh, it's fine. Don't worry about it.' "

After a while, Warren says, her supervisors stopped telling her when she had been overruled. She figured it out by going back later and pulling the loans up on her computer.

"I would look every couple of days, and just see, if it was a loan that I thought was a bad loan, I'd go back and see if it was pulled."

About 75 percent of the time, loans that should have been rejected were still put into the pool and sold, she says.

Some legal experts say it's a pretty big deal that people like Warren are willing to talk.

"This is a smoking gun," says Christopher Peterson, a law professor at the University of Utah who has been studying the subprime mess and meeting with regulators. "It suggests that auditors working for Wall Street investment bankers knew how preposterous these loans were, and that could mean Wall Street liability for aiding and abetting fraud."  Bear Stearns had no comment.

The loan-auditing firm Watterson-Prime's parent company, Fidelity National Information Services, provided a statement. It says the company has no incentive to give loans a passing review if they fail to meet underwriting criteria and that it uses additional quality-control measures to further check up on loan reviews.

But Peterson says such breakdowns in quality control must have happened at a lot of companies. How else did millions of people wind up in loans that they can't pay?

"People have a tendency to think about economic trends as though they're an uncontrollable force that no one understands. This isn't the weather. These are people who are individually making decisions to approve and pass on fraudulent loans," he says.

Peterson said auditors like Warren basically were hired to find the bad apples in the barrel and pull them out:  borrowers with payments they couldn't afford, houses with inflated appraisals, people lying about their income.

But Warren says her bosses were taking a lot of those bad apples and putting them back in. And Peterson says he thinks the investment banks had a strong financial incentive to do that.

"They put the bad apples back in the barrel because they knew that they could sell the bad apples along with the good apples and, at least in the short term, nobody would know the difference. That's why they put them back in — because they made more money that way," Peterson says.

"There's a name for this — it's called 'passing the trash,' " says David Grais, an attorney getting ready to sue Wall Street firms on behalf of investors — big pension funds and others — who bought the bad loans.

"These were immensely profitable deals. One study showed that the investment banks were making a 40 percent return on equity every two months on these securitizations, which is an eye-popping number," he says.

Grais says many people on Wall Street make huge bonuses when their business unit is making big money. So the faster they could package up loans — good, bad or ugly ones — and sell them to investors, the more money that they made, he says.

Warren thinks her managers got bonuses for how quickly they reviewed loans, not for how many bad loans they caught.

Watterson-Prime disputes that. It says its managers, staff and contractors are compensated on an hourly or salary basis and never by the number of loans reviewed.  Other evidence is emerging.

A bankruptcy examiner in the case of the collapsed subprime lender New Century recently released a 500-page report, and buried inside it is a pretty interesting detail. According to the report, some investment banks agreed to reject only 2.5 percent of the loans that New Century sent them to package up and sell to investors.

If that's true, it would be like saying no matter how many bad apples are in the barrel, only a tiny fraction of them will be rejected.

"It's amazing if any investment bank agreed to a maximum number of loans they would kick back for defects. That means that they were willing to accept junk. There's no other way to put it," says Kurt Eggert, a law professor at Chapman University.

Meanwhile, the attorney general in New York and other prosecutors are taking a look at all of this. They, too, want to know whether Wall Street firms were covering up bad loans and selling them to investors.

Woman sentenced in shelter embezzlement

denverpost.com | 5/27/08 | Anna Haislip

The woman convicted of stealing more than $100,000 from Denver Animal Control and Care was given a suspended 6-year prison sentence today on the condition she completes 12 years supervised probation, including $114,649 in restitution.

Thirty-two-year-old Lucrecia Sena was an administrative assistant for the animal shelter, and was responsible for processing requests for pet licenses.  Starting in 2004, Sena stole the fees paid in cash from the shelter, and she hid the losses until she was caught in early 2007.

Since Sena's case became public, Denver Animal Care and Control has undergone an audit and revised its cash-handling policies and procedures to reduce the likelihood of future thefts.

Gordon Earns Early Release In Sentence For Embezzlement

theday.com | 5/28/08 | Lee Howard

Daniel Gordon, the former financial wunderkind from Old Lyme who bilked a Wall Street investment company out of $43 million, has been released from federal prison more than a year ahead of his expected release date.

Promoted to head Merrill Lynch's energy-trading unit at the age of 23, Gordon pleaded guilty in 2003 to three felony counts related to the creation of two offshore accounts that he used to hide embezzled money that he passed off as an energy trade.

Now 32, Gordon had faced up to 55 years in prison but received a lighter sentence after cooperating with authorities.  A Norwich native, Gordon received his official release from the prison system May 5. He had spent the last three months of his incarceration in home confinement, and earlier had stayed four months at a halfway house in New York.

It's unclear where Gordon spent his home confinement, although an online phone listing has his address as 228 Scotland Road in Norwich, which is also the address of his parents, Glenn and Nancy. Gordon married Laura Lesnik, daughter of Dr. Thomas Lesnik of Norwich, several years ago.

Nancy Gordon said she didn't know her son's current plans. “You'll have to ask him,” she said. A phone call to the number listed for Daniel Gordon went unreturned Tuesday.

Gordon had spent eight months at a federal prison in Fort Dix, N.J., starting Dec. 28, 2005, and more than a year at the federal penitentiary in Leavenworth, Kan., which he left Nov. 7 of last year to enter the halfway house.

In all, Gordon spent less than two and a half years in confinement and less than two years in prison, despite a sentence of three and a half years for embezzling millions of dollars through shell companies he had set up.

A spokesman for the federal prison system said Gordon, on probation with three years of supervision by federal courts in New York, completed a substance-abuse treatment program that reduced his sentence.

The federal prison system offers no parole option, but prisoners can be released early by accruing various credits, according to a spokesman for Judge Gerard E. Lynch, who sentenced Gordon in October 2005.

Gordon used part of the money he stole from Merrill Lynch to buy Daticon, a data storage company headquartered in Norwich. The company is no longer affiliated with Gordon and operates in the Norwich business park, although its building now faces foreclosure proceedings.

In 2005, Gordon was ordered to pay $11 million to Allegheny Energy of Pennsylvania as part of a fraud settlement. He said in court papers that Merrill Lynch officials had instructed him to falsify records to inflate the value of the investment house's energy-trading business, but the firm denied the allegations.

A mansion in Old Lyme that Gordon owned was sold for $3 million at auction to pay off his creditors in 2004. Reports in The Day and The New York Times said Gordon had been expelled from The Williams School in New London in 1993 after hacking into the school's computer system to falsify his transcripts. He later graduated from Boston University after being accepted as an early-admission candidate and went on to earn a master's degree from Yale University.

At the time of his sentencing, a contrite Gordon promised to turn his life around upon his release from prison. “My actions were wrong, and I accept the consequences,” he said at his sentencing in U.S. District Court in Manhattan. “I will spend the rest of my life trying to redeem myself.”

Bookkeeper guilty of stealing $320,000 from Newport church

ocregister.com | 5/28/08 Jeff Overley  

NEWPORT BEACH – A former Irvine resident was sentenced to six years in prison today after pleading guilty to stealing $320,000 from Newport Harbor Lutheran Church, prosecutors said.

Cheryl Granger, 45, bilked the 200-member church during her employment as office manager and bookkeeper by forging the signatures of church officials on checks she made payable to herself and a Nevada company she started with her husband.

Granger, who was ordered to pay $333,133 in restitution, used some of the cash to pay off credit card debt, authorities said.  The scheme took place during Granger's tenure from 2002 to 2006, unraveling when a new pastor took over and noticed an array of unpaid bills. About the same time, Granger resigned and moved to New Hampshire, where police arrested her in March.

She pleaded guilty to one count of grand theft and seven counts of forgery, all felonies. She also faced a sentencing enhancement for property damage exceeding $150,000.

Jim Miller, the church treasurer, said closure is still elusive because the congregation awaits Granger's repayment of the stolen money.

"Although somebody has gone to jail for it, that doesn't really solve our mission to use the money to spread God's word," Miller said.  "Putting somebody behind bars is justice,  but we really need to recover our money in order to feel good about what happened."

5 indicted in fraud scheme costing $26 million

azcentral.com | 5/23/08 | Michael Kiefer

They told investors that their production company could stage blockbuster concerts that would bring high interest returns.  But according to the Arizona Attorney General's Office, they were really running a Ponzi scheme that bilked wellheeled Arizonans out of more than $26 million.  Four men and one woman, mostly from the Phoenix area, were indicted this week on 204 criminal counts, including fraud and securities fraud, theft, money laundering and sale of unregistered securities and transactions by unregistered dealers or salesmen.

All face significant prison time; one of them up to 56 years.  Indicted were: William Galyon, 56, Alfred Olsen, 67, and Nova Michaels, 57  of Phoenix, and Robert Rosepink, 57, of Scottsdale. The fifth defendant has not yet been identified because he had not yet been served with an indictment.

According to the Attorney General's Office, Galyon and his unidentified partner ran a Tucson company called Cal Productions and sold notes promising high interest rates on profits from concerts by major acts that they would promote.

Few shows were staged, and none of the caliber that had been promised. Some investors lost as much as $5 million. 

Galyon is charged with 202 counts. Rosepink, an attorney who specialized in estate planning, was allegedly paid nearly $1 million in commissions for reeling in investors. He is charged with 102 counts. Olsen, also an attorney, helped recruit investors as well, while misrepresenting finances of another company owned by Galyon, according to the indictment. He is charged in 52 counts.

May 27, 2008

Boy band creator Pearlman sentenced to 25 years' prison

ap.google.com | 5/27/08 | Travis Reed

ORLANDO, Fla. (AP) — Lou Pearlman, the man made famous for creating the Backstreet Boys and 'N Sync, was sentenced Wednesday to 25 years in federal prison for engineering a decades-long scam that bilked thousands of investors out of their life savings.

It was the maximum penalty he could have received for the $300 million the music mogul allegedly swindled out of banks and individual investors since the early 1980s. Pearlman pleaded guilty in March to two counts of conspiracy and single counts of money laundering and presenting a false claim in bankruptcy court.

Senior U.S. District Judge G. Kendall Sharp noted that many victims were Pearlman's own relatives, friends and retirees in their 70s or 80s who lost everything.

"The sympathy factor just doesn't run very high with the court," Sharp said. However, he said he would reduce Pearlman's sentence by one month for every $1 million returned to the investors. It's not clear how, or if, the investors would ever be compensated.

"I want to say clearly that there's no pot of gold out there," defense attorney Fletcher Peacock said.

The courtroom was packed with victims, some of whom gave emotional testimony of how Pearlman ruined their lives. Another two dozen or so waited outside the courtroom.  Waneta Reynolds, of St. Petersburg Beach, limped to the lectern and erupted in tears. She said her husband Roger invested millions in Pearlman's Transcontinental companies' "savings accounts." Pearlman promised they were insured, in some cases three times over.  They weren't insured, or even invested, prosecutors say.

"(My husband) said, 'I lost all my self confidence,'" Reynolds said. "Roger died seven months later feeling he failed to provide for me. My nerves are gone. My husband's dead and I'm alone."

Others spoke of taking second jobs, working 14-hour days to pay their bills while coping with deep clinical depression.

Pearlman was most famous for creating "boy bands" that sold millions of records. But prosecutors allege he scammed individuals out of an estimated $200 million, and banks out of another $100 million. Prosecutors are still trying to determine more accurate figures for a later restitution hearing. 

Pearlman apologized in a short courtroom statement.  "Over the past nine months since my arrest, I've come to realize the harm that's been done," he said. "I'm truly sorry and I apologize for what's happened."

Peacock said Pearlman sincerely meant to pay back all the investors, and noted that he did return approximately $103 million over the length of the scam. He said Pearlman got caught up in lawsuits — also alleging fraudulent business practices — over his otherwise successful entertainment ventures in the 1990s that prevented him from returning the money.

Albert City farmer sentenced on federal fraud charges

chicagotribune.com |  5/27/08 | Associated Press

An Iowa farmer has been sentenced to more than five years in prison for defrauding a bank and the federal government.

Sherman Hogrefe, of Albert City, was sentenced Tuesday in U.S. District Court in Sioux City. He pleaded guilty last year.

Prosecutors said Hogrefe acquired two bank loans totaling more than $2.5 million by overstating his net worth and understating his liabilities. He also made false statements about the whereabouts of collateral.  Prosecutors say Hogrefe hid assets from creditors and the U.S. Bankruptcy Trustee, and lied about the assets under oath.

Hogrefe also made false statements to the U.S. Commodity Credit Corporation to get a farm loan and sold corn he pledged as security for the loan.  Hogrefe also was ordered to pay more than $1.6 million restitution.

8 Accused of Kickbacks, Fraud at Wall Street Brokerage Firms

smartpros.com | 5/23/08 | Associated Press

May 23, 2008 (Associated Press) — NEW YORK - Eight people were charged on Thursday in a series of schemes involving kickbacks and fraud at the stock-loan desks of Wall Street brokerage firms.

Four of the defendants pleaded not guilty to conspiracy to commit securities fraud and money laundering in federal court in Brooklyn. The rest were either expected to be arraigned or to surrender later.

Prosecutors initially announced that six people had been charged, but later revealed two more people were named in a separate indictment. Among the eight were former stock loan supervisors at Morgan Stanley and Janney Montgomery Scott LLC.

Morgan Stanley spokesman Mark Lake said his firm was cooperating with the investigation, adding that the allegations were in "direct violation of the firm's values and policies."

Janney issued a statement saying its "involvement with this matter ended some time ago."

The charges are part of an ongoing, industrywide investigation into allegations of bribery and kickbacks in the securities lending industry, also called the stock-loan industry. So far, 26 people have been charged; 18 have pleaded guilty.

Indictments allege the crimes revolved around large brokerage houses' practice of borrowing and loaning of securities among themselves. The investigation revealed stock-loan traders funneled millions of dollars in fees to "finders" - people who located stocks to cover short sales - in exchange for cash bribes, prosecutors said.

If convicted, the defendants face up to 25 years into prison, though the terms could be much shorter under federal sentencing guidelines.

5 indicted in fraud scheme costing $26 million

azcentral.com | 5/23/08 | Michael Kiefer

They told investors that their production company could stage blockbuster concerts that would bring high interest returns.  But according to the Arizona Attorney General's Office, they were really running a Ponzi scheme that bilked wellheeled Arizonans out of more than $26 million.

Four men and one woman, mostly from the Phoenix area, were indicted this week on 204 criminal counts, including fraud and securities fraud, theft, money laundering and sale of unregistered securities and transactions by unregistered dealers or salesmen.

All face significant prison time; one of them up to 56 years. Indicted were: William Galyon, 56, Alfred Olsen, 67, and Nova Michaels, 57, of Phoenix, and Robert Rosepink, 57, of Scottsdale. The fifth defendant has not yet been identified because he had not yet been served with an indictment.

According to the Attorney General's Office, Galyon and his unidentified partner ran a Tucson company called Cal Productions and sold notes promising high interest rates on profits from concerts by major acts that they would promote.

Few shows were staged, and none of the caliber that had been promised. Some investors lost as much as $5 million.  Galyon is charged with 202 counts.

Rosepink, an attorney who specialized in estate planning, was allegedly paid nearly $1 million in commissions for reeling in investors. He is charged with 102 counts. Olsen, also an attorney, helped recruit investors as well, while misrepresenting finances of another company owned by Galyon, according to the indictment. He is charged in 52 counts.

LifeLock Sued Again

blog.wired.com | 5/27/08 | Kim Zelter

LifeLock, the ID theft protection service whose CEO regularly provides his Social Security number in advertisements (at right), is being sued by customers who claim the service doesn't work as promoted. The proof, they say, lies in the fact that the CEO's own identity has been stolen numerous times.

 

The CEO in question, Todd Davis, has acknowledged that there have been 87 attempts to steal his identity, and only one case previously reported here in which someone in Texas succeeded to take out a $500 loan in Davis's name. In that case, Davis learned about it only after the person defaulted on the loan and the loan agency called his wife's cell phone number (which the thief had provided when he procured the loan) to collect. The loan was approved because the loan agency never contacted any of the three credit bureaus to see if there was a fraud alert on Davis's records before approving the loan.

LifeLock spokesman Mike Prusinski told Threat Level previously that there was a "loophole" in its protection model and that the company was honest about telling customers that they couldn't "stop every form of identity theft."

For $10 a month, LifeLock places fraud alerts with the three credit-reporting agencies to prevent thieves from opening new accounts in its customers' names. It also helps customers fix credit problems if they do become victims of identity theft. The company offers a $1 million guarantee to help customers restore their credit if their identity is stolen while a LifeLock customer and cover any losses due to the identity theft. But Prusinski says there's no way to prevent identity theft in cases in which a business (such as the checkcashing operation that gave Davis's impersonator a loan) doesn't run a credit report before providing someone with a loan or new credit card.

Davis appeared on the Today show on Friday saying that LifeLock's service works, and pointed to the 87 failed attempts to steal his identity as proof.

In the interview, Davis discloses that 105 LifeLock customers have been victims of identity theft while LifeLock customers.

This is not the first legal action against LifeLock. Experian, one of the three credit-reporting agencies, sued the company earlier this year claiming it overstates what it can do for customers and that it abuses the rules around placing fraud alerts. Experian says that fraud alerts are supposed to be reserved for people who have reason to believe that fraudulent activity on their account has already occurred or is likely to occur --as in the case of consumers who receive notice from a bank or company that their personal information was stolen in a data breach. LifeLock, however, will place alerts at the credit-reporting agencies on behalf of anyone who pays its fee.

Davis told the Today show that he's confident LifeLock will prevail in all of the suits filed against it.

May 22, 2008

Woman gets jail in embezzlement case

skyhidailynews.com | 5/21/08 | Steve Lynn

EAGLE — A Leadville woman who tried to commit suicide before she was arrested on suspicion of embezzling $1.1 million from her Edwards employer was sentenced to 90 days in jail Wednesday.

Debra J. Irwin, 56, pleaded guilty to stealing a fraction of that $1.1 million from her former employer, Susan Rollins of Altima Group, in March, said Eagle County District Attorney Mark Hurlbert.

At a sentencing hearing Wednesday, District Court Judge R. Thomas Moorhead ordered Irwin to pay back $40,000, an amount prosecutor Steven Mallory and Irwin’s defense attorney Jim Fahrenholtz had agreed upon.

“I’m very ashamed for my actions,” Irwin sobbed as she apologized to Rollins.  “It’s not right in the eyes of God,” she added.

Rollins said she had treated Irwin like a family member through the years. Since she learned Irwin had embezzled money, Rollins said she has slept little.

“This process has been terrifying, heart-wrenching and devastating,” Rollins said.

Irwin is scheduled to begin serving 90 days in Eagle County Jail Wednesday morning.

Moorhead also sentenced Irwin to four years of “intensive supervised probation,” with terms that include that Irwin not be able to open a bank account or make investments without permission from the court.

Irwin, who now works as a secretary for a development firm, also cannot control assets of a business, Moorhead said.

Prosecutors had charged Irwin with two felonies, theft and unauthorized use of a financial transaction device, Hurlbert has said.

Prosecutors let Irwin plead guilty to a lesser forgery charge earlier in March because Hurlbert said Irwin will be a convicted felon. Irwin also agreed to pay back $40,000, which was all prosecutors could prove Irwin stole, Hurlbert has said.  Fahrenholtz said Irwin, who has no prior criminal record, knew she “made mistakes,” but she did not steal what Rollins contended. Rollins had actually spent some of the money that she had accused Irwin of stealing, he said.

Fahrenholtz compared the case to the divorce of a couple who has been married for years and cannot agree on who owns what.

“You’ve got people that have irreconcilable differences,” Fahrenholtz said.

David Lugert, attorney for Rollins, disagreed. Irwin had, through several years, stolen as much as $1.1 million from Altima Group for fur, wigs, dinners, spas and massages, dental work, vacations to Las Vegas and Belize and others. Meanwhile, Rollins’ business suffered, Lugert said.

“It’s all in black and white in the reports from law enforcement,” Lugert said.

Lugert called the $40,000 in restitution a “compromise” to which Rollins had agreed.

Det. Doug Winters of the Eagle County Sheriff’s Office told Moorhead that “today is the time for (Rollins) to receive the justice she deserves.”

Winters has investigated embezzlement cases in the past, but “This case struck me the hardest,” Winters said.

Debra Irwin and her daughter, Maureen Irwin, who also worked for Rollins, attempted suicide April 13 when police came to arrest Debra for her role in the embezzlement scheme, according to a Leadville Police Department report.

A man reported that he found Irwin and her daughter unconscious on the couch before police arrived.  No charges have been filed against Maureen Irwin.

Ex-record keeper pleads guilty to embezzlement

sacbee.com | 5/20/08 | Denny Walsh

Richard James Ditzel of North Natomas pleaded guilty Tuesday in federal court to stealing from a Sacramento credit union where he was responsible for the financial record keeping.  Ditzel, 41, admitted embezzling $409,000 over a 6 1/2-year period and using much of the money to acquire collectible coins and make payments on his personal credit card accounts.

To conceal his theft, Ditzel acknowledged, he made entries showing the fund transfers as fictitious business expenses incurred by Capital Power Credit Union - now SAFE Credit Union.

The FBI executed a search warrant in March at Ditzel's Burberry Way residence and seized thousands of dollars worth of coins and other valuables purchased with the purloined funds, according to Assistant U. S. Attorney Courtney Linn. Ditzel has agreed that the FBI may transfer those items to SAFE Credit Union as partial restitution, Linn said.

The embezzlement came to light during an audit last summer.  Ditzel is scheduled for sentencing Aug. 5.

Dealership uncovers alleged embezzlement plot

themonitor.com | 5/21/08 | Jeremy Roebuck

MISSION -- The region's largest chain of car dealerships lost more than $500,000 to an embezzlement scheme led by some of its high-level managers, authorities said Tuesday.

The theft, which was discovered earlier this month by internal auditors at the Bert Ogden family of dealerships, could result in criminal charges for at least three longtime employees and a significant financial hit to the company, Hidalgo County Sheriff Lupe Treviño said.

"Half a million dollars is a very conservative estimate," the sheriff said. "But as far as we can tell, no customer was directly affected. Nobody got hurt except Bert Ogden."

According to affidavits filed to obtain a search warrant, Fabian Leal, 45, Javier Lopez, 45, and Rene Deleon, 54 -- all of whom worked at the Bert Ogden Chevrolet dealership in Mission -- defrauded the company over a period of at least three years.

The men are accused of filing hundreds of vouchers for contract work that was never done. Each of the service orders was billed from Mission-based Ultimate Truckz, which claimed it had installed more than 800 aftermarket dash kits for vehicles later sold at the dealership.

Investigators believe the company's owner -- Esequiel Rodriguez, 45 -- received and later split up the payments with co-conspirators. He could also face criminal charges, Treviño said. But the alleged scheme began to unravel when a Bert Ogden service center employee

discovered a car that should have had an Ultimate Truckz-installed audio system only had the standard factory-installed system.

When asked about the irregularities, Deleon, the dealership's aftermarket manager at the time, resigned immediately, according to affidavits filed in the case. Leal, the general sales manager, and Lopez, who worked as the new-car manager, were fired shortly thereafter.

"We're looking at hundreds and hundreds and hundreds of vouchers," Treviño said. "This is one of those cases that is going to be very labor intensive and take a while."

None of the men had been charged with a criminal offense as of Tuesday evening. It was unclear whether any had retained an attorney. Calls to phone numbers listed in their names were not returned.

Bert Ogden owner and chief executive officer Robert Vacker declined interview requests but said in a written statement that the alleged financial improprieties "in no way affected customers who have purchased from the store."

Church treasurer convicted of embezzlement

roanoake.com | 5/21/08 | Mike Allan

Lola Taylor Rowe replied "not guilty" as a clerk read the charges against her: seven counts of embezzlement while she served as treasurer for three churches in Catawba.  Rowe, 70, maintained that she didn't think she had done anything wrong. She'd always intended to pay back the money, which a Roanoke County police investigator estimated to be $50,000.

Yet at the end of the hearing, Judge Robert "Pat" Doherty convicted her of all seven charges. Starting in October 2003, Rowe served as treasurer for the McDonald's Mill, Catawba and Shiloh United Methodist churches, three small congregations in the Catawba area, which are officiated by the same pastor and share the same treasury fund.

Roanoke County police Sgt. Mike Poindexter testified that in November a trustee with the church contacted authorities about checks Rowe had written to herself without the church's permission.

Rowe refused to speak with police. Bank records obtained through search warrants showed that Rowe had been writing unauthorized checks for the entire time she was treasurer, Poindexter said.  Sometimes she wrote checks to cash, or to her husband. She wrote some of the checks claiming they were payments for services such as lawn care that church volunteers routinely provided for free.

Her attorney, Richard Lawrence, said Rowe used the money for medical expenses and had paid about $10,000 of it back before the police got involved.  After the hearing, church trustee Mary Sutphin, who reported Rowe to police, said she was skeptical of the claim that the money taken was used to pay medical bills.

During Rowe's tenure as treasurer, the church struggled financially and bills sometimes went unpaid.  The person responsible for financial oversight over Rowe is a relative of hers by marriage and had not performed an audit in five years.

At the request of a new superintendent for the Roanoke District of United Methodist Churches, Sutphin Church treasurer convicted of embezzlement organized an audit.

"I gave her every opportunity under the sun to say, 'I'm sorry, I took the money, let's work it out,' " Sutphin said. Rowe's sentencing is scheduled for July 23.  Assistant Roanoke County Commonwealth's Attorney Aaron Lavinder said the office usually seeks some period of incarceration for embezzlement cases.

Jeanne Rowzee arrested on wire fraud charges

latimes.com | 5/21/08 | Kim Christensen

Jeanne M. Rowzee, an Irvine securities lawyer accused of bilking scores of individuals of more than $20 million in a sophisticated investment scheme, was arrested at her home Tuesday on federal wire fraud charges.

FBI agents picked up Rowzee at 2:55 p.m., hours after she agreed in U.S. District Court in Santa Ana to pay about $66 million in compensatory and punitive damages to plaintiffs in a civil lawsuit accusing her and Santa Ana insurance salesman James R. Halstead of taking their money.

Shortly after her court appearance, a group of about 30 plaintiffs and their lawyers descended on the U.S. attorney's office. The group voiced concerns to a prosecutor that Rowzee's willingness to settle for such a large amount was an indication that she had no intention of paying and was preparing to leave the country.

"There was certainly an increasing concern that this was the end and she was going to flee," said lawyer William L. Buus, who represents some of the investors.

Rowzee, 49, is to appear in court today to answer the charges, said U.S. attorney's office spokesman Thom Mrozek. Rowzee could not be reached for comment.

The lawsuit is among at least half a dozen filed in state and federal courts accusing Rowzee and Halstead of promising investors returns of as much as 40% in an investment strategy usually reserved for hedge funds and other major Wall Street players.

More than 80 investors allege that the pair took in tens of millions of dollars from 2004 to 2006 but invested none of it in the private investment in public equities, or PIPEs, they touted.

FBI Special Agent Brad Howard's review of Rowzee's financial records confirmed that, according to an affidavit he filed with her arrest warrant.

"Instead of investing the money as promised, Rowzee would use victims' money to make phony investment return payments to other victims, for her own personal use, and for the personal use of others involved in the scheme," he wrote.  He estimated there were 150 victims with total losses exceeding $20 million.

Rowzee is accused in the civil lawsuits of stashing much of the investors' money in offshore banks, including $2 million she allegedly wired to a former client described as "a fugitive hiding in Brazil."

Halstead allegedly blew millions of dollars on jewelry, frequent strip-club visits and two houses with panoramic views of Las Vegas, according to the suits. He also had a yen for top-end sports cars, including a 605-horsepower Porsche Carrera GT for which he paid $368,000, according to a dealership's sales records.

Halstead, 61, has not been charged. He declined to comment on Rowzee's arrest or whether prosecutors might also charge him.  "They are going to do what they're going to do," he said.

In March, he told The Times he was in discussions with prosecutors but declined to elaborate.  Most of the investors were from Southern California and Arizona and ran the gamut from wealthy developers to retirees on fixed incomes. Some used their home equity to invest, or brought friends or relatives into the deal.

Several detailed their allegations to the Securities and Exchange Commission and the FBI months ago and were frustrated that no action had been taken.

"I'm sure every single one of my clients is celebrating right now," attorney Buus said, "because they have told me on more than one occasion that if they can't get their money back they hope that Halstead and Rowzee spend time behind bars for what they've done."

John M. Powers Sr., an Arizona real estate agent who claims losses of more than $1 million in the federal lawsuit, said that until now, Rowzee had used her knowledge as a lawyer to outfox the legal system.

"I think she has played the system so long and so hard and so far that maybe the system finally caught up to her," he said.

Steve Perebzak, who said he lost $450,000 he and his mother borrowed against their homes, said he was thrilled by Rowzee's arrest. "Now maybe we'll get some justice," he said.

May 21, 2008

Woman charged in $18M scam

usatoday.com |  5/21/08 | Associated Press

LOS ANGELES (AP) — A California woman is facing criminal and civil charges in connection to a real estate scam that targeted black investors in three states, bilking hundreds of them out of $18 million, authorities said Wednesday.

Jeanetta M. Standefor of Altadena, was arrested Wednesday, a day after a federal grand jury in Los Angeles returned an 11-count indictment against her charging her with wire fraud, mail fraud and money laundering, the U.S. attorney's office said.  She was due to be arraigned later Wednesday. 

Standefor and her Pasadena-based company, Accelerated Funding Group, also are charged with several violations of U.S. securities laws, according to a civil complaint filed against her and the company by the Securities and Exchange Commission.

Authorities claim Standefor, 40, lured investors in California, Nevada and Georgia into investing in her company, which purported to use the funds to help homeowners in default get current on their mortgage payments.

Investors were promised their investments would grow by as much as 50% within a matter of days. Instead, Standefor was running a Ponzi scheme that paid off early investors with more recent investors' money,  authorities said.  The scheme ended up snaring more than 600 investors between 2005 and 2007.

Standefor used more than $1.9 million of investor funds to pay for a host of personal expenses, including home renovations and her wedding and honeymoon, authorities said.

Standefor also tapped investors' funds to pay her husband, Darrell R. Dansby, $121,000 in consulting fees, authorities said.

Standefor faces a maximum of 180 years in federal prison if convicted. Her husband is not facing criminal charges but is named as a relief defendant in the SEC complaint.

A call to the public defender assigned to Standefor was not immediately returned.

8 Ex-AOL Time Warner Executives Charged

smartpros.com | 5/20/08 | Marcy Gordon

May 20, 2008 (Associated Press) — WASHINGTON - Federal regulators on Monday said eight former Time Warner Inc. executives fraudulently inflated the company's online advertising revenues by more than $1 billion between 2000 and 2002.

Four of the executives have agreed to settle the civil charges brought by the Securities and Exchange Commission by paying a total of roughly $8 million in fines and returning allegedly ill-gotten gains. They are David Colburn, Eric Keller, Jay Rappaport and James MacGuidwin. MacGuidwin was controller of the media company; the other three were in its business affairs unit.

Charges are still pending against the other four, who are contesting them:

John Michael Kelly, chief financial officer of the company when it was known as AOL Time Warner; Joseph Ripp, ex-chief financial officer of the AOL division; Steven Rindner, a former senior executive in the business affairs unit, and Mark Wovsaniker, former head of accounting policy.

The world's largest media company by revenue, Time Warner Inc. owns AOL, Warner Bros., CNN and Time magazine.

The SEC said the eight former executives either made or contributed to financial statements that distorted the company's results. AOL Time Warner pumped up its own ad revenue by giving advertisers the money to buy online ads they didn't want or need, the SEC charged.

New York-based Time Warner was roiled by the accounting scandal, which also involved subscriber counts. Time Warner agreed in late 2004 and early 2005 to pay $300 million in a settlement of civil fraud charges with the SEC and $210 million to resolve charges of criminal securities fraud in a separate investigation by the Justice Department. Time Warner also agreed to restate three years of financial results and to open its books to an independent examiner.

The restatements reduced Time Warner's profits by about $1 million in 2000 and $161 million in 2001, while increasing its profits by about $62 million in 2002, $18 million in 2003, $30 million in 2004 and $16 million in 2005. For the first six months of 2006, the restatement raised its earnings by $15 million.

The SEC charges were an unpleasant reminder of a disastrous chapter in Time Warner's history, when it agreed to be acquired by America Online Inc. in 2000 at the height of the Internet bubble.

Time Warner spokesman Keith Cocozza declined to comment Monday on the SEC allegations, laid out in a civil lawsuit filed in federal court in Manhattan.

AOL, now a Time Warner division, is trying to reinvent itself into an online advertising company as its dial-up online access business rapidly dwindles as people sign up for high-speed Internet from cable and phone companies.

Many observers expect Time Warner to sell off some or all of AOL or combine it with another online company soon. Jeff Bewkes, who became CEO of Time Warner in January, said AOL is separating its advertising business, which is potentially attractive to other partners, from the declining online access unit.

The SEC also said that Kelly and Wovsaniker, who are certified public accountants, misled the company's outside auditors.

Through their attorneys, Kelly, Ripp, Rindner and Wovsaniker denied the SEC charges and said they would contest them in court.  "We strenuously reject any accusation that Mr. Ripp was involved in any way with fraudulent conduct," said his attorney, David Geneson. He said that Ripp in fact had acted as a whistleblower within the company, initiating an internal investigation that uncovered the fraud.

Rindner's lawyer, Mark Hulkower, said his client "conducted himself appropriately during his three years at AOL (and) looks forward to the opportunity to clear his name."

Kelly "flatly denies the SEC's claims and will vigorously defend himself in the courts," said his attorney, Jonathan Tuttle.

Stephen Topetzes, representing Wovsaniker, called the SEC charges "groundless." Wovsaniker engaged in no wrongdoing and was called by the government as a witness in related cases "to show that he actively sought to prevent improper conduct by others," Topetzes said.

Of the four executives who agreed to settlements with the SEC, Colburn is paying a $750,000 civil fine and restitution plus interest of around $3.2 million; Keller is paying a $250,000 fine and $699,868 in restitution and interest; Rappaport also is paying a $250,000 fine as well as $493,629 in restitution, and MacGuidwin pays a $300,000 fine and is returning $2.1 million.

In addition, Colburn and MacGuidwin agreed to be barred for 10 years and seven years, respectively, from serving as officers or directors of any public company.

Store Employee Pleads Guilty in City Tax Scheme

washingtonpost.com | 5/20/08 | Martin Weil

A woman who worked at fashionable stores in Tyons Corner pleaded guilty yesterday to a fraud charge, becoming the second person to enter a plea in the massive embezzlement scheme at the D.C. tax office, federal prosecutors said.

Marilyn Yoon, 40, a Derwood resident and former Louis Vuitton store employee, pleaded guilty in federal court in Greenbelt to possession of property obtained by fraud, authorities said.

The plea was connected to a scheme in which millions of dollars were stolen from the tax office, according to the federal prosecutors for the District and for Maryland.

Authorities alleged that up to $50 million was disbursed in checks as fraudulent property tax refunds in what is called the biggest embezzlement of municipal funds in the District's history.

Harriette Walters, 51, a former manager at the D.C. Office of Tax and Revenue, is accused of directing the scheme over several years. New details about the scheme's workings appeared in a statement released yesterday by prosecutors in connection with Yoon's plea.

In announcing the plea, prosecutors said Yoon received a fraudulent check from a "co-conspirator," whom they did not name. But a statement of facts, which was made available, said the check was given by Walters.

Yoon, according to the statement of facts, met Walters about eight years ago, when Yoon was a sales consultant at the Vuitton store, "where Harriette Walters shopped frequently." The statement said that the "professional relationship" between the two continued after Yoon went to work at the Neiman Marcus store in Tysons and that the two became "personal friends" as Yoon aided Walters with purchases.

Essentially, according to a statement from the prosecutors, a co-conspirator gave Yoon a fraudulent D.C. government check for $275,000 last May. The statement said Yoon deposited the check into the bank account of her husband's business. She was told to use funds from the check to send a $125,000 cashier's check to a business.

Yoon used the remaining $150,000 "to make a personal loan to a family member and remodel her home," the statement said.

A message left yesterday at a number listed to Yoon was returned by someone who referred calls to a lawyer who has been listed as Yoon's attorney. A message left at the number provided was not returned.

On May 2, Ricardo R. Walters, 33, a Fort Washington resident and Harriette Walters's nephew, pleaded guilty to money laundering and receiving stolen property as part of the alleged scheme. Sentencing for Yoon was scheduled for Sept. 12.

Grand jury indicts woman in case of church embezzlement

temple-telegram.com | 5/15/08 | Paul Romer

BELTON - A Bell County grand jury indicted a 40-year-old woman Wednesday on charges related to the embezzlement of more than $60,000 from St. Christopher’s Episcopal Church in Killeen.

Charlene Smith, parish administrator at St. Christopher’s, said the woman listed in the indictment, Paula Cecil, was a former administrative assistant at the church who was fired in January.

The two-count indictment alleges that from April 2007 until January 2008 Ms. Cecil cashed or deposited 95 checks from the church ranging from $20 to $1,480.  All of the checks were purported to be signed by Paul Moore, who Ms. Smith said is the minister at the church.

In January, Ms. Smith said the church found out from bank officials about funds allegedly being applied inappropriately.  The congregation was informed about the alleged embezzlement back in January.  “They’re going to be very happy to see that the wheels of justice are continuing to turn,” Ms. Smith said.

The official charge against Ms. Cecil is misapplication of fiduciary property more than $20,000, which is a third-degree felony punishable by up to 10 years in prison.  Ms. Cecil worked for the church for 18 months, Ms. Smith said.

Prison means 'thrill' is gone from embezzling

theday.com | 5/16/08 | Karen Florin

A former administrative assistant at Pfizer Inc. who told authorities she got a thrill from using company funds to purchase personal items will serve up to four months in prison for first-degree larceny.  Hollis M. Rosendale, 49, of Niantic pleaded guilty Thursday to embezzling $130,000 from the company between 2003 and 2006. Rosendale had used a company-issued credit card to purchase products from retailers such as Victoria's Secret and Home Depot and for car rentals. She falsified travel and expense reports to cover the thefts.

She will be sentenced July 2 to five years in prison, suspended after four months served and five years' probation. The plea offer she accepted Thursday allows her attorney, Edward J. Leavitt III, to argue for a shorter prison term at sentencing.

Rosendale will be ordered to make restitution payments to the company during her five years of probation, according to prosecutor Lawrence J. Tytla. Typically, a judge orders the defendant to make monthly payments based on what she can afford.  A spokeswoman for Pfizer declined to comment.

Rosendale worked for Adrian Otte, a company vice president, and was able to disguise her unauthorized purchases by logging into the company's expense-processing system under her supervisor's name and entering them as legitimate business expenses. The scheme was ultimately discovered because the amount of activity was excessive for an employee in her position.

A divorced mother of two, Rosendale suffers from depression and obsessive compulsive disorders, according to court records. After she was caught, she admitted that she bought items online and eagerly waited for the packages to arrive at her home.  She said she“got a thrill” out of ordering the stuff.

May 19, 2008

Contractor pleads guilty in $745,000 American International Inc. pension fund theft

mlive.com | 5/16/08 | Associated Press

DETROIT -- A Detroit-area contractor has pleaded guilty to accusations of stealing about $746,000 from his company's pension funds. Frank Vallecorsa's company, American International Inc., handled tens of millions of dollars in Detroit and Wayne County contracts. U.S. Attorney Stephen Murphy says the Grosse Pointe Farms resident looted two company pension funds to save his failing company.

The 77-year-old faces up to five years in prison and a $250,000 fine at his Aug. 25 sentencing. Defense attorney Thomas Cranmer says Vallecorsa accepts the penalty and hopes to repay the funds despite his advanced age.  Vallecorsa last year agreed to pay $1.5 million and accept a lifetime ban on receiving federal contracts to settle civil fraud allegations.

NY prosecutor wins big with Spitzer investigation

ap.google.com | 5/19/08 | Larry Neumister

NEW YORK (AP) — Michael Garcia's predecessors as U.S. attorney in Manhattan took on all five mob families, the titans of Wall Street, Osama bin Laden and even Martha Stewart. So it was largely unnoticed when Garcia wanted to attack public corruption.

Then his public corruption unit investigated a prostitution ring that took down former New York Gov. Eliot Spitzer.

In an interview last week, the U.S. attorney for the Southern District of New York declined to comment on the investigation. That's not surprising since his office must decide whether to bring criminal charges against Spitzer, identified in court papers only as Client No. 9.

A woman accused of booking clients for the high-priced call girl ring, Temeka Rachelle Lewis, pleaded guilty Wednesday to promoting prostitution and money laundering. She could face around 16 months in prison, or less, depending on how much she cooperates with prosecutors, when she is sentenced in August, her lawyer said.

Three others accused of being part of the ring still face charges, and their lawyers are negotiating with the U.S. attorney's office.

The escort service prosecution that ensnared Spitzer is the highest profile in a string of successes this year for one of the nation's busiest and largest federal prosecutors offices, which has more than 220 assistant U.S. attorneys.

The day after the charges were announced, former Democratic Assemblyman Brian McLaughlin pleaded guilty to a decade of crimes, admitting he took thousands of dollars in kickbacks and forced members of a labor union he led to hang his Christmas lights.

In a span of several weeks, Garcia's office announced a guilty plea by former Refco Inc. chief executive Phillip R. Bennett, the arrest of an alleged Israeli spy in a 20-year-old case, and a slew of extraditions and convictions of international drug traffickers.

The public corruption unit has fewer than 10 prosecutors and is one of the smaller teams in the office. Garcia said he knew he wanted to beef up the unit even before he was named  chief of the office.

He had worked in the office in the 1990s on major terrorism cases, including the trial of four men convicted and sentenced to life in the 1993 World Trade Center bombing.  "It wasn't something I thought we had focused on or had a lot of resources on," Garcia said.

Later, he worked for several months as acting commissioner of the U.S. Immigration and Naturalization Service, and from 2003 to 2005, as assistant secretary for Immigration and Customs Enforcement.

Garcia said politics plays no role in his decisions about criminal cases. But his investigations certainly affect politics.

Last year, former New York City police commissioner Bernard B. Kerik was charged with conspiracy, tax evasion and making false statements just as Rudy Giuliani, his friend and political patron, was in the middle of a fiercely competitive Republican presidential primary.

Giuliani, the former mayor who had held Garcia's job in the 1980s, dropped out of the race in January, his law-and-order reputation tarnished in part by his association with his former police commissioner.

Giuliani had urged President Bush to pick Kerik as his Homeland Security secretary in 2004, a nomination that foundered after revelations that Kerik had not paid all taxes for a nannyhousekeeper who may have been in the country illegally.

The resignation of Spitzer, a Democrat, was a high-water mark for an office that had suffered setbacks when Garcia first took over in August 2005.

Several major cases brought by Garcia's predecessors had imploded. Floor specialists at the New York Stock Exchange were acquitted, a racketeering case against John A. "Junior" Gotti was abandoned after a third jury deadlocked, and obstruction of justice charges were dropped against technology banker Frank Quattrone.

Garcia blamed the setbacks on what happens when "the stars line up badly in a bunch of cases."  He is reluctant to gloat after this year's triumphs.

"After saying things are cyclical here, it's hard to turn around and say, `No, it's all about leadership,'" he said.

When the church flock gets fleeced

captecodonline.com | 5/16/08 | Patrick Cassidy

Jeffrey Windle is not the first person accused of stealing money from a church on Cape Cod.  And the Congregational Church of South Dennis, where the Harwich Port man was volunteer treasurer until last week, is not the first local religious institution to deal with a theft.

"Every church has the same problem," Charles Zech of the Center for the Study of Church Management at Villanova University said in an interview last week. "Every church is simply too trusting."

During a hearing at U.S. District Court in Boston, an FBI agent testified that Windle may have taken between $200,000 and $400,000 from the South Dennis church.

Windle has been charged in federal court with the alleged embezzlement of almost $5 million from a Natick company where he worked. Investigators believe he may have misappropriated as much as $12 million total, spending the money on at least five boats, a fleet of cars and million dollar homes on the Cape and in Florida.

His arrest highlights a crime that Zech said isn't unusual. A study he co-authored two years ago examined internal financial controls in the U.S. Catholic church. It found 85 percent of Catholic churches that responded to a survey had been victims of embezzlement in the five previous years. Of those thefts, 11 percent were of $500,000 or more.

Most churches of all denominations rely on volunteers to collect and count money donated each Sunday by parishioners. Without proper controls small amounts of money, in particular, are susceptible to theft.

Embezzlement on a larger scale is more likely committed by a church leader, according to the Zech's study.

In the most famous local case, the Rev. Bernard Kelly confessed in 2003 to taking nearly $900,000 from St. Joseph's in Woods Hole and Our Lady of Lourdes in Wellfleet. Kelly was ordered to seven years of probation. He paid back the stolen money with interest in a settlement with the churches but the crime prompted a review of accounting procedures among Catholic churches  in Southeastern

Massachusetts, said John Kearns, spokesman for the Fall River diocese.  "The diocese has issued to all of our parishes policies that should be followed with regards to finance," Kearns said. Many of the procedures were in place before Kelly's conviction, but a new pilot program has recently been implemented to test compliance, Kearns said.

Although the Villanova study focused on Catholic churches, there are problems across the religious spectrum, Zech said. And, with all faith communities on the Cape struggling financially, the need for proper accounting procedures is more important than ever, said Diane Casey Lee executive director of the Cape Cod Council of Churches.

Officials from several local churches and religious organizations said they have those financial controls in place.  "We do have an audit committee," said John Caspole, chairman of the board of trustees at the First Congregational Church of Falmouth. "They are independent of any other committee or operation so they don't have any conflict of interest."

A series of about 50 questions must be answered during each audit. Responses are used to determine if changes need to be made, Caspole said. Financial duties are divided among multiple people so that there are a series of points where income and expenditures are documented, he said.

At the First Congregational Church of Yarmouth, an outside auditor will soon verify an existing annual internal audit, said Donald Ten Eyck, chairman of the board of trustees for the Yarmouthport church.  The church has a finance and investment committee that oversees the big picture "but you always have to trust and verify," Ten Eyck said.

The current treasurer has been on the board of trustees for 20 years and is beyond reproach, he said,  but an outside audit will protect him as well as the church.  "If I was treasurer I would insist on it," Ten Eyck said.  "I think what makes it difficult for religious organizations is you have so many small donations in your income stream," said Rabbi David Freelund of the Cape Cod Synagogue in Hyannis.

Things may be a little easier to control in a synagogue because no one collects donations from members during services in the way churches handle collections, he said.

Members of the Brewster Baptist Church are encouraged to give by check, said Pastor Douglas Scalise. The checks are another way to audit what is coming into the church, he said.   The church financial manager produces a monthly summary and much of the information is also included in a newsletter distributed to members, Scalise said.

Part of the reason for such care is found in the Bible, Scalise said.  "Paul writes in one of the books in the new testament that you have to avoid even the appearance of impropriety," he said.

PurchasePro founder convicted in stock fraud scheme

ap.google.com | 5/17/08 | Staff Writer

ALEXANDRIA, Va. (AP) — A one-time dot-com billionaire was convicted Thursday of stock fraud and obstruction of justice after a court finding that he deceived investors in his Las Vegas software company.

Charles E. "Junior" Johnson was chief executive of PurchasePro Inc., a software company that went bankrupt as the dot-com bubble burst in 2001.

U.S. District Judge Walter Kelley found Johnson guilty on all counts after concluding he schemed to falsely inflate his company's revenue in the first three months of 2001.  The case has been under investigation for six years and resulted in convictions of six other PurchasePro executives.

Two midlevel executives at AOL, which had a marketing partnership with PurchasePro, were acquitted at an earlier trial.

Johnson compounded his problems by trying to alter documents used at his trial, which resulted in an additional charge of obstruction of justice.  Johnson's attorney, Yale Galanter, said he found it troubling that the judge relied in his ruling on testimony from other PurchasePro executives who had acknowledged lying to investigators.

Former investment manager guilty in fraud case

bostonherald.com | 5/19/08 | Associated Press

WORCESTER - The head of a former Worcester-based investment firm has been convicted of cheating investors out of about $13 million to cover trading losses and personal expenses.

A U.S. District Court jury reached the verdict against Amit Mathur on Friday after less than three hours of deliberations. The 37- year-old Shrewsbury man was convicted on all 20 counts of mail and wire fraud.  Federal prosecutors accused Mathur of cheating investors in his former company, Entrust Capital Management, out of about $13 million from 2001 to 2005. Investigators said Mathur used the money to cover trading losses as well as personal expenses for items such as jewelry and a Porsche sport utility vehicle. Mathur’s lawyers say they plan to appeal Friday’s verdict.

11 are charged in $10.6 million loan-fraud scam

boston.com | 5/17/08 | Kimberly Blanton

The Justice Department yesterday charged two Boston lawyers, seven mortgage brokers, and two others with fraudulently obtaining more than $10.6 million in loans using straw buyers or stolen identities to purchase 21 properties in the Boston area.

Federal officials said it is the biggest mortgage fraud in Massachusetts since the 1980s. During the height of the housing boom in 2005 and 2006, the lawyers and brokers allegedly falsified information about borrowers and inflated the purchase price of homes by as much as $250,000 to fool mortgage lenders and banks into loaning them more money, according to the charges filed yesterday in US District Court in Boston.

The ring netted about $1.7 million in profit.  In several cases, authorities said, the lawyers and brokers would have straw buyers use stolen identities to purchase properties and borrow funds.

Many of the buyers apparently did little to repay the loans. At least 14 of the 21 properties involved have been seized by lenders, according to county deed records. The properties are in Brockton, Quincy, Cohasset, and the Boston neighborhoods of Dorchester, Hyde Park, Jamaica Plain, Mattapan, and South Boston.

Nine individuals were charged in federal court yesterday afternoon, after agents from the FBI and other law enforcement agencies fanned out at 6 a.m. to arrest them. They were unable to locate two defendants.

The nine arrested pleaded not guilty to the charges. Two are lawyers in their 50s; most of the others are in their 20s or early 30s.

US Attorney Michael Sullivan, who brought the case, said that the victims of these schemes included not only lenders and the people whose identities were stolen, but entire neighborhoods that are seeing housing values plummet because so many homes are in foreclosure.

The loans were obtained during a frenzied period in real estate markets, when regulators have since determined many lenders were in such a rush to make loans that they used sloppy procedures and failed to scrutinize mortgage applicants. Prosecutors did not make any claims against the lenders in these transactions, nor did they explain how the defendants were able to get inflated loans.

Two Boston lawyers, Eric L. Levine, 55, of Brookline and J. Daniel Lindley, 59, of Jamaica Plain were involved in all the transactions, according to court papers. Levine also owned one property involved, a two-family on Estrella Street in Jamaica Plain. Levine's law license was suspended in 2003, and the suspension was extended in 2004 for four years.

Levine and Lindley were each charged yesterday with one count of conspiracy, 41 counts of wire fraud, and 19 counts of money laundering. If convicted, they face jail sentences of five to 20 years and fines of up to $1 million. Both worked out of an office at 8 Winter St. in Boston, which was also the address of various shell companies allegedly used in the scheme.

Seven of those charged worked for New England Merchants Corp. in Arlington: Ernst Appolon, Ralph Appolon, Daniel Appolon, Andre Junior Lamerique, Widner LaMarre, Jermaine Blake, and Samuel Jean-Louis.

The remaining defendants are Latoya Haltiwanger, a broker with Topdot Mortgage, and Quincy resident Jean Noriscat. Daniel Appolon and Jean-Louis have not been arrested. Prosecutors did not disclose penalties for these defendants.

New England Merchants, a broker and lender, was shut down in October by the Massachusetts Division of Banks on charges that the firm processed fraudulent subprime loan applications.

In this case, the government alleged the lawyers and brokers were similarly falsifying loan documents, but not for legitimate borrowers.

For a property on Coleman Street in Dorchester, for example, prosecutors say Lamerique allegedly recruited a straw buyer and Ernst Appolon negotiated a $450,000 sale price with the seller in June 2005. Appolon and Lamerique then submitted applications in the straw buyer's name for two mortgages totaling $540,000 to Credit Suisse, which wired the funds into Lindley's bank account, and the funds were split up among the other parties involved, the government said.

The court documents identify the straw buyers only by initials, in this case, "R.R.," and said the mortgage application said she lived in Mattapan when "in fact she was a resident of Florida."

Suffolk County deeds records identify a Renata Richardson as the purchaser of the Coleman Street property.

Phone records list a Renata Richardson at various Florida addresses. She could not be reached for comment, and has not been charged. Prosecutors did not charge any of the straw buyers and did not explain why.

After a fire at the Coleman Street property a year later, Levine and Lamerique collected $266,827 in insurance proceeds and divided the money among the four involved in the scheme, the government said.

Most of the cases were simpler: The defendants borrowed more money than the agreed upon sale price, paid the seller, and pocketed the extra money, the government said.

In March 2006, a property in the oceanfront community of Cohasset was purchased for $385,000, but the mortgage from New Century Mortgage in California was for $635,000 - $250,000 more than the sale price.

In court, US Magistrate Judge Leo Sorokin released Levine and Lindley on $200,000 bond each. Haltiwanger, a Los Angeles resident, was released on $75,000 bond.

But the judge agreed to hold the other defendants in custody until a hearing on Wednesday, after Assistant US Attorney Victor Wild argued they are flight risks. Wild did not elaborate, but other officials said some of the defendants were Caribbean immigrants.

Boston lawyer Elliot Weinstein, who was in court to represent Ernst Appolon, questioned why the Justice Department agreed to release the lawyers, who are white, while detaining the other defendants, who are black.

"It's outrageous that the government would release the two lead white men and seek to hold in detention the men of color," he said.

May 15, 2008

Quarter of Companies Asked to Pay Bribes, Ernst & Young Reports

bloomberg.com | 5/14/08 | James Lumley

May 14 (Bloomberg) -- Almost a quarter of businesses have been asked to pay bribes over the last two years in spite of increased efforts to combat the problem by law-enforcement agencies, an Ernst & Young LLP survey published today said.

A total of 23 percent of respondents said they had been approached for bribes to gain or keep customers and 18 percent said they had lost business to a competitor that paid a kick- back. The New York-based accounting firm interviewed 1,186 senior executives in 33 countries to calculate the statistics.

The figures give ``reason to be concerned,'' said David Stulb, Ernst & Young's global head of fraud investigations, in a telephone interview. Law-enforcement agencies are increasingly viewing bribery as a serious offense, increasing the risk that companies that pay bribes will find their executives facing charges, he said.

The report comes as bribery cases are unfolding on several continents. In Germany, Siemens AG is facing an investigation over possible bribery. A U.K. court last month told the U.K. government to consider re-opening a probe into allegations BAE Systems Plc gave kick-backs to Saudi officials to win business. In South Korea last month, prosecutors questioned Samsung Group Chairman Lee Kun Hee over bribery claims.

In the U.K., 13 percent of respondents had experienced at least one incident of bribery or corruption in the last two years, compared with six percent of French respondents and six percent of German companies that answered the survey. The global average was 24 percent, showing an ``increased risk of doing business outside Western Europe,'' the report said.

``To be able to get 1,200 respondents talking about bribery and corruption would have been difficult five years ago,'' Stulb said. It is ``encouraging'' that businesses are increasingly open to discussing and addressing the issue, he added.

Spreadsheet "Worst Practices"

cfo.com | 5/14/08 | Shahid Ansari and Richard Block

Here's how finance executives abuse the most-useful of computer programs — and how to do better.

There's little doubt that electronic spreadsheets are the most widely-used financial software application. But they are also the most-abused.

It takes some effort — often a lot of effort — to develop and maintain sound, proper, and effective spreadsheet practices. The spreadsheet's very ease of use encourages sloppy habits,  and even seasoned finance professionals can find themselves falling into bad habits. At its worst, spreadsheet sloppiness, reflected in poor design, difficult manipulation, and lack of documentation, can lead an auditor to declare that a company has ineffective controls over some aspect of financial reporting. But even less serious spreadsheet follies can cause major headaches.

So what are some of the pitfalls of spreadsheet abuse, and what would a properly constructed spreadsheet look like without them? Many common pitfalls may be detected in the following simple example, Figure 1, "Request for a Revised Forecast."

Imagine someone in your finance department receiving a basic request to revise quarterly revenue forecasts for two products your company markets. A new spreadsheet is opened.

Expected prices and volumes are typed into the first four cells on the top row of the spreadsheet. The total of the four quarters is computed in the fifth cell. As this is a simple request, a simple spreadsheet is created. It might look similar to Figure 1 below. Watch for proper spreadsheet practices that may have been compromised. 

Above, the revised quarterly revenue forecasts have been typed into an E-mail replying to the request. Anticipating questions, your department saves this spreadsheet. A few weeks after sending the revised revenue projections, your department gets questions regarding pricing and price changes, volumes and volume changes, and quarterly revenue growth.

To answer these questions, the saved spreadsheet is opened. You find yourself reading the content of each cell with a blank stare.

Seem at all familiar? As simple as this example is, it does highlight a number of spreadsheet abuses:

1) Poor Segregation of Data

The simple spreadsheet did produce mathematically accurate results. But unfortunately, that's where its effectiveness ended.

An electronic spreadsheet is, of course, a powerful calculator. And because of that, it may seem sensible to achieve a quick result from a multistep calculation after putting data and assumptions into each cell. But when each cell contains both key data and the complicated assumption-laden algorithms to be applied, confirming that the results are appropriate or reasonable may be virtually impossible — even if calculated "correctly." It is a better practice to separate the data from the algorithms and assumptions being applied to the data.

Trying to remember, weeks later, the source or the values of the basic data also is difficult, and fraught with inefficiency. Figure 1 is a simple spreadsheet, and simple, too, is the request it attempts to satisfy. But to recall the prices and volumes used for each quarter, each cell has to be reread. If the timing of a subsequent inquiry on prices and volumes used is important, reading each cell of a spreadsheet will certainly increase the risk of responding slowly.

2) Poor Documentation of Assumptions

Trying to recall the assumptions being applied to the base data is even more difficult, and thus fraught with potential misinterpretation. Again, determining the assumptions requested in the initial reply requires each cell to be reread. But that may not be enough.

Would rereading each cell refresh a memory? The spreadsheet example lists price discount starting in Q3 and volume growth starting in Q2, before discounts are offered. Would a rereading help you remember why you made those assumptions? If you replied to a further inquiry with price and volumes, as indicated in Figure 1, a second request would certainly follow — asking to further explain the apparent timing mismatch of discounts and volume growth.

Were you to determine quarterly revenues using a calculator, pad, and pencil, you would probably write down some of your assumptions, or at least document the products, prices, and volumes used to calculate quarterly revenues. The calculator would be used to calculate. But a spreadsheet makes number crunching so easy that users have a tendency to forget to write any words. Unfortunately, that limits the spreadsheet's usefulness to the amount of time that its developer can remember and explain the assumptions he or she used for prices and volumes.

Documenting the data and assumptions as they are being created may seem inefficient — or may even create a barrier — when the need for a response is immediate. However, most spreadsheet analyses will be used again, and even simple documentation will make subsequent uses more efficient and more accurate.

3) Poor Documentation of Constraints

Because a spreadsheet is an infinite calculator, it offers the opportunity for many calculations to be performed simultaneously. One such use involves placing interim formulas into cells — to provide early warning signals if our data or assumptions are yielding questionable results. Figure 1 offers no such warnings.

It is not hard to imagine being asked at some point after the detailing of quarterly prices, discounts, and volumes: Why is product A's quarterly volume growth in Q2, Q3, and Q4 a staggering 100 percent, 33 percent, and 194 percent, and product B's a substantial 38 percent, -

27 percent, and 157 percent, respectively. And why is Q4 volume growth over Q1, for products A and B, a whopping 683 percent and 350 percent?

It would not have taken long to add an interim calculation showing quarter-over-quarter volume growth. This interim calculation, called a documentation of constraints, is effective in quickly highlighting problems in data, assumptions, and the algorithms applied during spreadsheet development. A complicated spreadsheet analysis is more efficient if problems are detected during its creation.

In this scenario, say a sales volume growth of greater than 20 percent has never been achieved, or a sales volume growth greater than 15 percent would severely tax manufacturing capacity.

Anticipating, and then including this testing of constraints, would have had immediate benefit. And a revised set of assumptions about volume growth would have been incorporated into the spreadsheet model before the previous results were sent to the requestor. Waiting to test or validate data, assumptions, or algorithms until the end of development is more difficult, because there is simply more to test and validate, and the inevitable spreadsheet redesign will delay the final analysis and make the appropriate desired conclusions harder to achieve.

4) Difficulties in Making Changes

At this point in the scenario there may be a request for your data or assumptions to be modified, or added to. And Figure 1 allows for no easy modification. To change a price, a price discount, or a volume we must enter and potentially alter each cell, increasing the risk that we accidentally alter the wrong variable or inadvertently change an algorithm. The data and algorithm in cell D1 suggests that the month of December needed to be separated, for example.

And if you want to convert quarterly data to monthly, the model has to be substantially modified. Substantial modifications would also be required if you needed or wanted to add a third product and its requisite set of data and assumptions to the model.

It should be easy to use a spreadsheet to quickly accumulate and calculate data to answer an initial inquiry. But in the Figure 1 case, when revised quarterly revenue forecasts are sought, it's clear that to allow for future modifications you would want a far different design. It would not have taken much more time to separate and label key data and time frames and document assumptions, or to place interim constraint calculations in place to highlight trends and problems. That would have made calculations that produce the requested analysis simpler and clearer.

Because spreadsheets are powerful and easy to use, they are often employed to address immediate or short-term needs, with too little thought given to their future use.

5) "Now It's Here; Now It's Not"

It is common after completing a spreadsheet to want to see how the results differ when a variable changes. Say that the developer of our Figure 1 spreadsheet wants to assess the impact of changing the Q2 and Q4 volumes of products A and B to 6,000 and 13,500, and to 16,000 and 25,000, respectively. The adjusted Q4 forecast immediately changes to $16,742,500.

Unless the original result was written down or saved elsewhere, it would be hard to quantify the change in revenue and the change in adjusted average net selling price/unit produced by those volume revisions. (The answer: a $1,145,000 reduction in the first case and a $143.13 increase in the second.)

The common approach to documenting that answer is changing the volumes back to their original assumptions. One would hope that the adjusted four-quarter revenue projection just calculated would have be written down, or saved, before changing the volumes back.

This poor practice in comparing results is called the "now-it's-here-now-it's-not" phenomenon. The powerful "what if?" capability of spreadsheets is one major reason that they are so popular.

But only rarely are the basic numbers produced by the spreadsheet the ultimatel goal that is sought from it. Rather, the numbers are a means to the final answer or the final decision. And this decision is often achieved only by comparing and reviewing the results from different combinations of variables.

The best ways to compare and review the results from different combinations of variables are (a) to copy the original data sets and calculations into a separate spreadsheet tab, and (b) to build a comparison spreadsheet tab, which presents and contrasts the original, and at least one alternative result, built with a different data set.

6) The Presentation Readiness Problem

The inability to have spreadsheet results ready for a presentation is perhaps the final common abuse committed in Figure 1. At some point in this scenario, it is fair to assume that presenting the revised quarterly revenue forecasts will be required. With this spreadsheet, though, a presentation would require reviewing each cell — a common thread from the poor practices previously listed — and reentering the data and results. A sound, but often unused best-practice is to anticipate presentation readiness. This means, in addition to segregating data from algorithms, placing meaningful column and row labels in each portion of the spreadsheet. Thus, each significant portion of the spreadsheet can be copied and placed in a presentation without

retyping and reviewing for errors.

"Better" Practices Review (Part I)

Figure 1 clearly falls far short of the ideal for developing a spreadsheet. But what would a bestpractice spreadsheet look like?

Typical spreadsheet improvements are represented in Figure 2a and Figure 2b. This type of spreadsheet design resolves many of the issues and poor practices we encountered in Figure 1. Monthly data by product are separately listed; interim calculations and assumptions are added.

However, this all-encompassing approach still has two weaknesses. It is difficult to update if other products need to be added. And it includes too much detail; copying for presentation purposes is still difficult. One would have to hide the monthly columns first, to present a cleaner set of analyses.

"Better" Practices Review (Part II)

A far better approach is pictured in Figures 3a, 3b, 3c and 3d. Here, even for this "simple" request to forecast revised quarterly product revenues, we have developed a spreadsheet with four separate tabs. Tab 1, (Figure 3a) and Tab 2 (Figure 3b) would hold basic volume and price data, data source references, and assumptions. Tab 3 (Figure 3c), would hold key interim calculations and analyses. Tab 4, (Figure 3d) would summarize the key data and calculations in a presentation-ready format. This approach promotes a sound financial analysis and outcome by:

—Encouraging the separation of data, and documenting their reference sources.  Keeping data separate makes it far easier to change or increment, as interim calculations produce incorrect or unexpected results. Using separate tabs for data and some interim calculations also makes efficient the timely identification of poor or inaccurate data or assumptions, and makes changing or adding data to subsequent analyses much easier. Often one is attempting to solve for a specific outcome and making it easier to modify the data makes finding the solution much quicker. Also, later use by yourself or others is not adversely affected by memory or even personal involvement.

—Making robust and useful the key interim calculations and analyses for which the data and your assumptions are being used. The spreadsheet developer would use this tab to observe and identify profound and or unusual trends, poor assumptions, etc. The developer would continue to iterate through observation, review, and analysis using tabs 1, 2, and 3 until a sound analysis has been prepared.

—Encouraging a summary design for communication and presentation. By developing a presentation-ready tab, the analyst has the discipline to synthesize the results of all key assumptions and analytical results, concurrent with the ongoing analysis, so that only key findings and results will be presented or communicated. All too often, a reply using a spreadsheet design similar to Figure 2b is offered. The audience then is forced to either "analyze" the detailed spreadsheet to determine the key findings and results, or to ask the analyst to summarize once more. Designing a summary tab at the outset encourages sound analytical skills.

"Better" Practices Summary

This scenario may seem simple, but the preparatory steps to provide the answer are clearly anything but simple. Treat the development of a spreadsheet — any spreadsheet — more like writing a term paper with footnotes and a bibliography. It is a difficult discipline to acquire and perfect. But the incredible functionality and ease-of-use of an electronic spreadsheet can lull users into a false sense of accomplishment that they will pay for down the road. Understanding that pitfall — along with the others — should provide incentives for trying to improve spreadsheet discipline, and getting better results.

Giovanetti, previously of Big Oaks auto, gets 11 years for fraud

bizjournals.com | 5/13/08 | Staff Writer

John Giovanetti, former owner of Big Oaks Buick Pontiac GMC Inc. in Bartow, was sentenced to 135 months imprisonment after he was found guilty of bank fraud.

U.S. District Judge James Whittemore also sentenced Giovanetti to a term of supervised release of five years, imposed a $2,300 special assessment and ordered him to pay $1 million in restitution to SunTrust Bank, a release from the office of the U.S. Attorney for the Middle District of Florida said.

Giovanetti was indicted in July, and a federal jury convicted him in February on 11 counts of wire fraud, 11 counts of bank fraud and one count of conspiracy to commit fraud.

According to evidence presented at trial, Giovanetti was responsible for having his employees fax falsified applications for financing to SunTrust. This was accomplished by requesting financing for vehicles no longer in the possession of the Big Oaks dealership, the release said.

The court found that 33 such funding requests were sent, resulting in Big Oaks receiving more than 3.5 million dollars, the release said.

The case was investigated by the Federal Bureau of Investigation and the Florida Department ofLaw Enforcement and prosecuted by assistant U.S. Attorney Donald Hansen.

FBI Issues 2007 Mortgage Fraud Report

fbi.gov | 5/13/08 | Press Release

According to the Federal Bureau of Investigation’s 2007 Mortgage Fraud Report, released today, mortgage fraud Suspicious Activity Reports referred to law enforcement increased 31 percent to 46,717 during Fisc