Countrywide CEO Charged with Securities Fraud

In a step that has securities attorneys and law experts all praise for the Securities and Exchange Commission, former Countrywide Financial Corp. chief executive Angelo Mozilo has been charged with securities fraud.

The SEC has charged Mozilo, former chief operating officer David Sambol, and former chief financial officer Eric Sieracki with misleading investors about risks the company took to increase its market share. The three have been accused of falsely telling investors Countrywide Financial avoided underwriting risky loans. According to Robert Khuzami, the SEC’s enforcement director, Countrywide Financial promoted its image as a company that used “high underwriting standards” and was engaged in underwriting prime quality mortgages. However, behind the scenes, the company functioned recklessly, taking on high risks.  

SECAccording to the SEC, Mozilo also made $140 million selling Countrywide financial shares around the same time he, in email messages, referred to the company’s loan products as “toxic “ and “poison”. The agency, which cited these emails, says they proved Mozilo mislead investors about the company’s risky lending practices.  Mozilo has been charged with insider trading, because he sold Countrywide stock based on “non public information”.

The civil suit filed by the SEC is one of the most important filed against people involved in the mortgage crisis. Countrywide was the country’s largest mortgage lender and was heavily engaged in offering housing loans to high risk borrowers.

The company also faces a class action lawsuit filed by several New York City pension funds that have lost tens of millions of dollars because of the company's recklessness. 

The SEC, in recent years, has seen its reputation erode as a result of the financial crisis. It has been heavily criticized by securities attorneys for its failure to enforce federal securities laws. However, the agency, under new leadership, has been embarking on a campaign to clear its reputation and add more bite to its enforcement actions.

 

 

 

 

SEC Asks for Congressional Authority to Seek Civil Penalties for Investment Fraud

The Securities and Exchange Commission (SEC) is hoping Congress will increase its authority to seek civil penalties for investment fraud.

The Agency's Director of Enforcement, Robert Khuzami, testified before the Senate Banking Subcommittee on Securities and said the SEC would like to have increased authority to impose penalties on those who help defendants in violation of the Investment Advisers Act. Khuzami also told the Senate the agency needs the authority to subpoena people in civil cases across the country. This would save the agency travel expenses as well as staff resources, because duplicate depositions would be avoided.  Khuzami also pointed out several areas in the enforcement division that need more resources. The agency would benefit, he said, from hiring more trial lawyers, as well as chief operating officers to manage the division.  He also asked for more resources in the form of enhanced paralegal and administrative support, as well as better technological resources. 

Khuzami spoke to the panel in response to a report by the Government Accountability Office, which made suggestions for enhancements in SEC operations. The report analyzed agency operations and found there was a delay in cases and lowered settlement amounts in investment fraud cases, because of outdated penalty policies.  Under one of these policies agency enforcement staff was forced to obtain approval on a settlement before discussing penalties with public companies. That policy was revoked by SEC Chairman Mary Schapiro.

The agency has also suffered from a shortage of staffing and resources, resulting in a backlog of cases. Since the Bernard Madoff investment fraud was exposed last year, the SEC has come under increased pressure to enhance its operations. The appointment of Khuzami was one of the first moves Schapiro made to strengthen the division.

Attempts at SEC Improvement

Last month we discussed other moves that could strengthen the SEC and fine tune its ability to crack down on investment fraud much faster. These include the proposed formation of specialized teams to deal with specific frauds. The SEC is also proposing increased cooperation with criminal authorities and enhancing the management model currently in place at the agency. 

It may be a while before these proposed measures actually move toward becoming implemented at the agency, but securities attorneys, who have been critical of the agency's failures to crack down on investment fraud, believe any enhancements are worth the wait.

 

 

 

Amarillo, Texas Businessman Charged with Securities Fraud

A businessman in Amarillo, Texas has been arrested for investment fraud involving $1 million and at least 100 people.

Last week, Amarillo police arrested John Langford of Langford and Associates on nine felony charges. He faces charges of securities fraud and selling unregistered securities. John Langford - Securities FraudHe is being held at the Potter county jail on a $500,000 bond for each charge.

According to reports, Langford promised high rates of return to new investors. He then used new investor funds to pay off earlier investors. According to the district attorney, John Langford probably does not own sufficient assets to cover the amount he has defrauded. Anxious investors have been contacting the DA, worried about their investments.  So far, Sims says, the number of investors seems to be more than 100 people, and these numbers are expected to increase as the investigation progresses.

We are still waiting to hear more details from the DA’s office but to securities attorneys, this much is clear:

  • Langford seems to have operated a Ponzi scheme.
  • A number of elderly people appear to have been included as victims. Sims has confirmed that many of the victims are senior citizens who purchased annuities, but received no benefits when Langford defaulted.

Langford is facing a total of nine felonies:

  • One second degree charge of fraudulent sales of securities
  • One third degree felony charge of selling securities without being a registered dealer
  • Three third degree charges of selling unregistered securities in Texas
  • Four first degree felony charges of fraudulent sales of securities

Seucrities and Exchange CommisionAccording to Sims, his office worked together with the Securities and Exchange Commission (SEC) for about two weeks before moving in. Sims is asking investors who purchased annuities from Langford to contact the DA's office.

Hopefully the SEC's proposed plans to crack down on securities fraud with specialized groups will come to light and operate succesfully. Too many ponzi schemers and investment fraudsters are still on the loose, taking advantage of naive investors.

 

 

 

Ex Dallas Cowboys Player Sued by SEC for Investment Fraud

A former Dallas Cowboys player is being sued by the Security Exchange Commission (SEC) for misleading clients about investments.  

Mike Kiselak played for the Dallas Cowboys between 1998 and 1999.  According to reports, Kiselak falsely claimed that his Westlake investment fund generated two percent monthly profits by trading treasury bills. Fraudulent Venture Capital Investment - VineyardKiselak allegedly entrusted the funds to a California-based Venture capital firm, Gemstar Capital Group Inc. The firm and its president, Jeffrey Sykes, have also been named in the SEC suit.

Investors were mostly friends and family members and rather than going into treasury bills, much of the funds went to venture capital investments, including a vineyard. When Kiselak asked for accounts statements, Gemstar provided a false statement that showed about $7 million missing from the funds. According to the SEC suit, Kiselak also failed to disclose to investors that he would charge a 35 percent performance fee. In April this year, he charged investors a performance fee based on Gemstar's supposed 9.6 percent gains during the first quarter of 2009.

Investment Fraud

Investment planners and advisors are required to disclose to investors the risks of their investments. These securities professionals must also make suitable recommendations appropriate for the needs and objectives of the investor.

Failure to disclose is one offense that has been highly visible in recent months. Several investment fraud cases have been linked, in part at least, to the planner's failure to properly present investment techniques and methods to investors. From sub-prime mortgage backed securities schemes that have left thousands of investors with billions dollars losses, to smaller frauds like the one operated by Kiselak, investors have been at the receiving end of the recklessness and greed of their investment planners.

Democratic Fundraiser Pleads Guilty to Investment Fraud Charges

A former fundraiser for the Democratic Party pled guilty to running an investment fraud scheme. Norman Hsu operated a Ponzi scheme in which he used new investor money to make payments to older investors.

Hsu has been charged with falsely representing to investors that their investments were being used to extend short term loans to companies. He operated the fraud between 1997 and 2007, and lured investors to part with at least $60 million in all. He pled guilty to five counts each of mail fraud and wire fraud. In his own words he knew what he was doing “was illegal”.

Illegal Political DonationsAccording to authorities, the investment fraud affected investors across the country. Next week, Hsu faces another trial for campaign finance fraud. According to prosecutors, his contributions to politicians allowed him access into influential political circles, and he used these connections to impress potential investors. At least one of his fraud victims is due to testify that Hsu played a voice mail message by a political candidate to impress her into investing with him. Hsu is facing charges that he had “straw donors“ contribute to federal candidates. These donors were then reimbursed.

Straw Donations

Making "straw donations" or fake donations by people who do not exist is a violation of federal law. Hillary Clinton’s run for the White House last year was mired in allegations that the campaign was heavily funded by straw donors, several of who made a living as cooks and dishwashers, but were apparently able to cough up $1,000 donations. The straw donors in that case either had bogus addresses or, considering their profession, were unlikely to have donated those amounts. The campaign finance charges Hsu faces allege that he reimbursed straw donors who contributed $25,000 a year to political campaigns.

Investment Fraud Prevention

While that trial is yet to begin, it is not surprising that Hsu made use of his political connections to lure investors. Like the Alabama pastor we recently reported on, Stanford COO Jim Davis who founded a church, and Shawn Merriman who was not averse to soliciting investments from members of the Church of Jesus Christ and Latter Day Saints, fraudsters frequently use respectability and religion to bolster investor confidence. That is not to say that you should look at every investment planner who wears a nice suit and goes to church with suspicious eyes, but you must keep these investment fraud prevention tips in mind. Research, monitor, and exercise caution throughout the investment process. Security attorneys will tell you it is highly likely there are many more investment frauds still going on and investors must be vigilant.

 

 

 

SEC to Setup Specialist Teams to Tackle Investment Fraud

Securities attorneys have been following efforts by the Securities and Exchange Commission (SEC) to fine-tune its capabilities for cracking down on investment fraud.

According to the Wall Street Journal, those methods run the gamut from specialist teams for specific frauds all the way down to Twitter. Former federal prosecutor Robert Kuzami is working on plans to create specialized task forces to deal with specific fraud cases. Currently, the agency operates under a more traditional pattern, using general enforcement personnel. Kuzami discussed his plans at a recent meeting with 150 senior SEC officials.

SEC to Make AdvancementsSeparate teams are not entirely unheard of at the SEC. Currently the agency has a separate team for internet enforcement, and sometimes, temporary teams are created for dealing with specific abuses. Kuzami’s plans will create specialized teams that will focus exclusively on specific securities investment fraud areas.

There are critics of Kuzami's plans and, at this point, they are still in the nascent stages. However, as financial products become more complex and the nature of financial frauds changes, making it harder to detect schemes, the agency will need specialized teams to enhance its efficiency. Specialized teams could make it simpler for the agency to be pro-active in detecting investment frauds, rather than finding out only after billions of dollars have been lost.

Meanwhile, the agency seems to be making efforts to break away from its conservative, insulated image. One of the most severe criticisms against the SEC is regarding its failure to be open and transparent, and engage the public in its activities; that is changing. The agency launched three separate Twitter feeds on general news, investor education, and job opportunities. The feeds are still in the early stages, but it is a promising first step to sharing more with a critical public. With all these new developments, is it too much for securities attorneys to hope that change is finally coming to the SEC?

 

 

 

Alabama Pastor and Attorney Are Arrested for Securities Fraud

A pastor in Jefferson County and an attorney from Trussville, Alabama have been arrested for investment fraud – they were cheating investors by selling phony securities.

According to the Alabama Securities Commission, Pastor Randall Layne Pardue and attorney Cary Allen Burdette were booked and indicted for conducting securities business without a proper license. Both have been accused of cheating investors in fraud schemes. Burdette has been charged with 13 counts of fraud in connection with the sale of a security, and one count for each sale of security by an unregistered agent. Securities FraudPardue, the pastor of an unidentified Birmingham area church, is being charged with seven counts of fraud in connection with the sale of a security, and one count for each sale of an unregistered security.

Pardue convinced at least half a dozen members of his church to invest in his scheme. He reportedly told some of his investors he would be investing their money in a gulf shores condo project. Burdette was also a member of the church.

There are few details about the fraud, but one fact is: gullible investors are more likely to trust their money to people who seem like upstanding members of their community - church going, reputed people. The stereotype of the oily haired salesman is yesterday’s investment fraud news. Today’s fraudster knows that a carefully cultivated image of respectability nets investors faster than any group presentations or brochures could.

 

 

 

Texas Businessman Ordered to pay $71 Million to Ponzi Scheme Victims

The U.S. District Court for the Eastern District of Texas ordered businessman George Hudgins to pay $71 million to victims of his Ponzi scheme investment fraud.

The business man was ordered to pay $15 million in civil penalties and was bared from the commodity industry.  From June 2001 to May 2008, Hudgins solicited people to invest about $88 million in a commodity pool that was purported to engage in commodity futures training. Investors were lured through group presentations, newsletters, and personal meetings from December 2003.

From the time the commodity pool was set up until April 30, 2008, the pool netted total losses of more than $8 million. The pool made a net loss each year, but Hudgins told investors the company, between 2000 and 2007, made net annual profits from 22.5 to 95 percent.

Ponzi Scheme - Assets SeizedTo placate investors, Hudgins sent them false account statements, reflecting profits. He reportedly paid older investors approximately $17 million from money solicited from newer investors in his scheme. According to court records, the remainder of the money was used for lavish personal expenses, including an antique sports car collection, jewelry, and an airplane.

In May 2008, a judge, on the request of the Commodity Futures Training Commission, froze all Hudgins’ assets and anxious investors began to consult securities attorneys.  A court-appointed receiver was able to recover approximately $24 million through the sale of assets and return of false profits that some investors had received. In March, the funds were distributed to some of the investors.

In September 2008, Hudgins pled guilty to wire fraud, money laundering, and was sentenced to 120 months in federal prison. Hudgins’ Ponzi scheme was one of the first in a series that has rocked the financial world. Since then, Ponzi schemes have continued to turn up at an alarming rate. In 2009 alone, the Securities and Exchange Commission (SEC) has brought enforcement action in at least 24 such schemes.

 

 

 

Georgia Lawyer Pleads Guilty to Ponzi Investment Fraud

An attorney in Marietta, Georgia was allegedly soliciting more than just elder abuse cases – he has been charged with luring investors and operating a Ponzi scheme worth $40 million.

Last week, Robert P. Copeland pled guilty to a single count of wire fraud. Copeland solicited investments through elder law and estate planning seminars arranged by his law firm. He recruited unsuspecting elderly clients from Georgia, Florida, Missouri, Texas, and South Carolina. He worked with six investment planners who were paid commissions for referring victims to him.

Georgia Ponzi SchemeAccording to investigators, Copeland began soliciting investors about 10 years after he began practicing as an attorney. He promised investors that their funds would be used as short term loans for real estate investment. He told them that when he was able to sell the properties, he would be able to pay them returns as high as 15 to 18 percent. Copeland operated a firm called Advance Asset Strategies, assuring investors in his brochure that ”your loan is secured by the actual property that the real estate investor purchases”. 

It helped Copeland that he was a reputed, licensed attorney who regularly spoke at seminars and had co-authored a book on estate planning. He combined investors’ funds with money that flowed in from his law practice. Very little of this money actually found its way into real estate developments, and there were, therefore, no profits from the project. In the classic workings of a Ponzi investment fraud, Copeland began to recruit new investors furiously, using their money to pay off earlier investors.

Copeland's sentencing is set for July 10th. The Securities and Exchange Commission has ordered Copeland to repay stolen investor money. From senior citizens to Madoff’s duped charities, it seems no one was too weak or vulnerable for these Ponzi scheme fraudsters to prey on.

Recession Has Ponzi Schemes Crawling out of Wood work

From Colorado, where Shawn Merriman defrauded investors of $20 million and channeled the money into a collection of hundreds of art masterpieces, to Hawaii, where a promoter siphoned funds solicited from the Deaf at community centers, to the big daddy of them all, Bernard Madoff; Ponzi schemes are rearing their ugly heads left and right.

We have the recession to thank for the manner in which the words "Ponzi scheme" have become a part of main stream American culture in recent months. In December of 2009, the U.S. Securities and Exchange Commission (SEC) was bringing in an average of three Ponzi schemes a month. We are just four months into 2009 and that figure has leaped to more than 24. With each new Ponzi scheme that comes to light, it becomes more clear that we have yet to see the end of the fraudulent schemes.

Securities AttorneyIn most cases, Ponzi fraudsters use investor money partly to fund their lavish lifestyles, while the rest is used to pay off early investors and keep the scheme afloat. The recklessness with which fraudsters squander investor money is a common feature of many of the Ponzi schemes that have been exposed. 

Texas financial promoter Ray White has been accused of running a Ponzi scheme worth $10.9 million, some of which was diverted into boosting the auto racing career of his son. Shawn Merriman seems to have used his investment funds to undertake hunting safaris in Africa, filling his home with stuffed animal heads. Everything seemed to have been going well for many of these people until the credit crunch came about and funds stopped flowing in as freely as before. Anxious investors began to worry about the high returns they had been promised, which typically lead to the scheme's reveal.

Since January 1st, the SEC has filed more than two dozen emergency enforcement actions in order to stop Ponzi scams. Securities attorneys have been flooded with calls from worried investors. Last week alone, new action was taken against alleged frauds in Hawaii, California, and Montana.

Avoid Ponzi Schemes

Ponzi schemes tend to work perfectly until funds begin to dry up, which is why the worst recession in decades has led to the discovery of so many of these cases. The internet seems to have provided a good home for these fraudsters. Last week, the Council of Better Business Bureaus warned that several scams are beginning to move online and are targeting people with financial woes.

If you or a loved one has lost funds due to a Ponzi scheme or other fraudulent act a securities attorney can help you recover lost investments. For a free evaluation of your case and to find answers to your questions, contact a securities attorney at Arnold & Itkin LLP.

 

 

 

California Ponzi Inventment Fraud Targets Hispanics

In what has been called a Ponzi scheme with a twist, a California investment firm operated a $23 million fraud, specifically targeted at Latino investors.

The U.S. Securities and Exchange Commission (SEC) filed a lawsuit against the El Segundo-based investment firm, Maximum Return Investments Inc., accusing the owner Clelia A. Flores of operating a Ponzi scheme. Flores solicited investments from 150 investors in New York, Georgia, California, Texas, Utah, Illinois, and Nevada between 2006 and 2008.  She promised investors she would invest the money in banking, real estate, and oil exploration; and offered returns of up to 25%. Instead, Flores simply took money from new investors and paid interest to older investors.

Ponzi Scheme LawyerAccording to the SEC lawsuit, as much as $3.5 million was spent on lavish personal expenses, including a down payment on a $1.9 million home. She also threw a grand party to celebrate the company’s "success" at the Ritz Carlton in Marina Del Ray, which unsuspecting investors paid for.  Of the $23 million, approximately $13 million was spent making interest payments to investors while more than $5 million was lost in speculative investments. There is no information yet on whether there is a criminal investigation into Flores' actions. The SEC lawsuit is seeking restitution and penalties.

Securities attorneys deal with Ponzi fraud schemes all the time, but this one is slightly unusual because it seems to have been specifically targeted at the Latino community. Flores used old fashioned and effective methods of attracting investors. Not only did she promise high returns, but she also offered a referral fee of 10% to clients who referred other clients to her.

Ponzi Scheme Attorney

A Ponzi scheme investment fraud can only succeed when the numbers of investors are limited and there is a free flow of funds. When the funds dry up or when the number of investors balloons out of control, and the fraudster does not have sufficient funds to pay off anxious investors, the scheme begins to disintegrate. The credit squeeze has unraveled a number of Ponzi schemes from Bernard Madoff's $65 billion Ponzi fraud to smaller frauds like the one Clelia Flores operated.

If you have lost money in a Ponzi scheme the experienced investment fraud attorneys at Arnold & Itkin LLP can help you recover your investments. Contact a securities attorney at Arnold & Itkin LLP to discuss your case.

 

 

 

Colorado Investment Manager Charged in Ponzi Scheme

In the latest Ponzi scheme uncovered, a Colorado investment manager faces civil charges in connection with a $20 million investment fraud.

Shawn Merriman has been accused of operating a Ponzi scheme that defrauded at least 38 investors in Minnesota, Utah, and Colorado. The fraud is believed to have been conducted from 1994 to 2009, and is estimated to be worth $17 to $20 million. According to the lawsuit filed by the U.S. Securities and Exchange Commission (SEC), Merriman operated the fraud through his firm, Market Street Advisors. Securities AttorneyIn a classic investment fraud tactic, Merriman promised his investors returns of up to 20%, but lost approximately $400,000 from the initial funds. It was then that Merriman started another fund to pay investors in a Ponzi scheme operation. As the scale of the fraud grew, he added two more funds to pay withdrawals. He traded securities during the first year of his scam, but eventually stopped and focused completely on his scheme. The SEC asked that Merriman‘s assets be frozen and that he be ordered to pay his investors back with interest.

Merriman used some of the money for lavish personal expenses, including the purchase of Rembrandts, vehicles, sports memorabilia, and properties in Aurora and Idaho. His art collection includes more than 375 pieces that have been featured in the media. Some of his Rembrandts were displayed at the Church of Jesus Christ of Latter Day Saints properties in Denver in 2008. There were also motorcycles, a gun collection, and a boat.  All of these have been seized by U.S. Marshals.

Investigators are still trying to determine the scale of investor losses. They are also looking into the possibility that Merriman may have used his position in the Mormon Church to lure investors.  If that turns out to be true, Merriman would not be the first fraudster to use his church connections to sell his scheme. Stanford group employees were not averse to pitching their dubious certificates of deposit to members of their church.  According to securities fraud experts, it is a common ploy – people are less likely to suspect someone they see at Church every Sunday of operating a fraud.

Ponzi Scheme Fraud

In a Ponzi scheme investor funds are used to pay off earlier investors. The success of a Ponzi scheme depends, to a large extent, on word of mouth spread by early investors who, thrilled with the kind of returns they see, spread the word to other investors. In 2009 alone, the SEC has acted to halt more than 12 Ponzi schemes. With new Ponzi frauds surfacing every day, it looks like the SEC and securities attorneys will be busy for quite a while.

If you've lost money in a Ponzi scheme or other investor fraud, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your claim.

 

 

 

SEC to Use Private Sector Help to Detect Investor Fraud

Under criticism for its failure to prevent the $65 billion Bernard Madoff investment fraud, among many others, the Securities and Exchange Commission (SEC) is looking at innovative ways to help uncover fraud.

The new chairman of the SEC, Mary Schapiro, said she is looking at new ways of enforcing anti-fraud laws, including the use of private sector agencies. The SEC currently relies on approximately 400 staff members to oversee more than 11,000 investment advisors. While increasing staff strength to cope with these huge demands is in the cards, the regulator concedes that it will also have to ‘’leverage third parties’’, like auditors, to help uncover scams.

Securities Fraud AttorneyThe SEC’s shortcomings were glaringly evident in the way Bernard Madoff managed to operate his Ponzi scheme for years, undetected. Once the extent of the scam came to light, it became clear that the SEC had not bothered to inspect Madoff's investment advisory arm since 2006, when the business was registered with the SEC. While this could be blamed on a shortage of staff and resources at the SEC, there were other failures too. The agency is desperately in need of more skilled personnel and Schapiro has plans to hire new personnel skilled in forensic accounting and other necessary techniques.

Since Schapiro took over the beleaguered agency two months ago, she has been working hard to accelerate the process of bringing cases forward after an investigation and has also spoken about encouraging investment fraud tips through whistleblower incentive laws. These laws could allow the SEC to attract high quality fraud tips that lead to well developed cases.

It is no secret that the SEC has faced a severe credibility crisis in recent years. What is needed is a major overhaul of the agency’s investigating processes; the measures Schapiro has introduced are a promising first step.

Investment Fraud Lawsuits

The number of investment frauds exposed in recent months has caused concerns among investors who feel let down by the SEC’S failure to protect them.  Where government agencies fail to protect investor money from scams, a securities attorney can help recover lost investments. 

If you've suffered losses in an investment fraud, contact a securities attorney at Arnold & Itkin LLP for free consultation.

 

 

 

New York Investment Advisor found Guilty of Operating Ponzi Scheme

A Manhattan investment advisor has been found guilty of operating an $11 million Ponzi scheme. Hayim Regensberg was found guilty of securities and wire fraud charges, and faces up to 20 years in prison.

According to federal prosecutors, Regensberg used his investors' money to run a classic Ponzi scheme - paying off older investors with newer investors' money. Prosecutors were able to prove that Regensberg solicited investments by telling investors their funds would be invested either in foreign initial public offerings that offered returns between 5 and 15 percent, or in trading firms that would give annual returns up to 18 percent. Both investment methods, Regensberg assured investors, were extremely low risk. Investment Fraud AttorneyNeedless to say, the investments went neither into initial public offerings or trading firms. Instead, Regensberg invested in speculative investments, losing large portions of investor money in the process. Large sums of money also found their way into the hands of his relatives.

When suspicious investors demanded to know where their money was Regensberg furnished a forged bank statement showing a bank balance of $9 million in investment funds. The account actually contained the grand sum of $9,000. Overall, investors lost more than $11 million in Regensberg's Ponzi scheme.

Investment Fraud Lawyers

One of an investment advisor's duties is to inform his clients about the risks of investments. Advisors must be aware of the risks of a scheme and must be upfront about them. The investor must be comfortable with the risk factor and all investments must be made using the same methods the advisor describes. Investments must also be appropriate to the objectives of the investor, as well as his financial condition. Failure to do so can make the investment advisor liable for investment fraud.

If you have suffered losses in a Ponzi scheme, an investment fraud lawyer can help you begin the process of recovering your money. Contact a securities attorney at Arnold & Itkin LLP to discuss your options for compensation.

 

 

 

The Troubles Don't End for Investment Fraud Mastermind Marcus Schrenker

Marcus Schrenker, the money manager who quite literally tried to parachute his way out of financial troubles after the investment fraud he was operating went bust, has come into more trouble since then. A judge ordered him to pay $304,000 to his investors and an additional $280,000 in fines to the state.

Schrenker is currently being held at the Escambia County Jail and faces investment fraud lawsuits filed by investors who say he caused them extreme financial loss through spurious practices like document forgery and charging investors outrageous fees.

Investment Fraud AttorneyIn March, the 38-year-old Schrenker was put through mental evaluation tests to determine whether he was competent to stand trial. Those evaluations came about as a result of Schrenker’s bizarre behavior prior to his arrest. On January 11th, Schrenker, aware that he was facing a black hole of investment fraud charges and lawsuits, got into his plane, put it on auto pilot, and parachuted out of it, leaving the aircraft to crash into an Alabama swamp. Once safely on the ground, Schrenker hopped onto a motorcycle he had earlier hidden in a storage unit and drove away. His ingenious, Bondesque escape plan was unsuccessful, however, and he was arrested two days later on Florida camping grounds.

An administrative law judge announced that Schrenker must pay restitution amounting to $304,000 to his investors and state fines for the violation of insurance rules amounting to $280,000. He already faces the prospect of having to pay out millions of dollars in other penalties and fines. The lawsuits against him include:

  • One filed by an insurance company seeking commissions amounting to $1.4 million
  • One that relates to the sale of a plane in which a judge has ordered he pay $12 million
  • Federal charges relating to the plane crash during his escape

Investment Fraud Lawsuits

Desperate times call for desperate measures, one might think of Schrenker’s fool hardy escape plans; but the fact is, his desperation is nothing compared to the devastation of investors who lost hundreds of thousands of dollars in his scheme. For these investors, recovering their funds will require months of legal battles and expert securities attorney representation.

If you have lost money in an investment fraud, contact a securities attorney at Arnold & Itkin LLP to learn how to begin the process of recovering your investments.

 

 

 

$35 Million in Iowa Retirement Funds Recovered In Walsh and Greenwood Investment Fraud

Some Iowa investors whose retirement savings found its way into the pockets of Paul Greenwood and Stephen Walsh, have reason to cheer – state officials have recovered about $35 million of the retirement funds and are working to recover more from the duo's $1.3 billion investment fraud.

Iowa's Deputy Attorney General informed anxious members of the Iowa Public Employees Retirement System (IPERS) that he expects to find out how much more they can recover by the end of April. The $35 million recovered is merely a fraction of the alleged $550 million the men misappropriated from the retirement fund.  Walsh and Greenwood had a contract with the IPERS to manage their assets through the companies the two men ran, WG Trading Company LP and Westridge Capital Management Inc. The two have since been charged with securities fraud, wire fraud, and conspiracy. The U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission have also filed civil charges against the two men.

Securities AttorneyFor Greenwood and Walsh, the trouble began in February when their firms were subjected to an audit by the National Futures Association. They refused to cooperate and were suspended from the organization. Since then, the two have been the subject of several investment fraud lawsuits. According to the lawsuits filed against them by the SEC and the Commodities Futures Trading Commission, since 1996, the two have managed to misappropriate $554 million from investors and have spent at least $160 million of that on maintaining their lavish lifestyles. Greenwood's share of the spoils seem to have gone to maintain some rather odd obsessions including a collection of teddy bears and stuffed animals and a pony farm. In March, lawyers for Greenwood requested that he be paid nearly $10,000 in maintenance and upkeep expenses every month. His lawyers have since withdrawn that request, asking the judge to direct the receiver to pay whatever is needed to maintain his properties.

Investment Fraud

As investment frauds continue to turn up, it is chilling to see how cold-hearted fraudsters can be. With the same indifference as Walsh and Greenwood, Madoff ran Jewish charities into the ground with the investment fraud he masterminded and Stanford destroyed a non-profit medical initiative that provided free medical treatment in Central America. Walsh and Greenwood thought little of stealing more than $500 million of pensioners' funds, a large part of which are not recoverable due to the recession.

Investors who have lost money in a Ponzi scheme or other investment fraud can seek the help of  a securities attorney to recover their investments.

If you have lost money in an investment fraud, contact a securities attorney at Arnold & Itkin LLP for a free consultation.

 

 

 

Stanford Denies Investment Fraud Charges

In his first response to investment fraud charges brought against him by the U.S. Securities and Exchange Commission (SEC), billionaire Texas financier, Allen Stanford, has denied masterminding the $8 million fraud.

Stanford Financial FraudIt's the first formal statement we’ve heard from the man at the center of the Stanford investment scam. In the response, Stanford denies each of the allegations listed by the SEC. He also announced he will be representing himself in court due to the freezing of his assets by court-appointed receiver Ralph Janvey.

Allen Stanford stands accused of scamming investors out of billions of dollars by conducting a huge Ponzi scheme in which he sold purportedly safe certificates of deposit and promised ultra-high returns. While he has yet to be criminally charged, his chief investment officer, Laura Pendergest-Holt, remains the only person involved in the fraud to have criminal charges filed against her.

Stanford’s predicament – not having money to hire a lawyer – may seem strange, but he is not without company. His situation is similar to that faced by other investment fraudsters like Arthur Nadel. Nadel has also been forced to represent himself due to lack of funds. Bernard Madoff, on the other hand, was able to hire a lawyer using funds believed to be unrelated to the infamous Madoff investment fraud. In 1989, the Supreme Court ruled that a person's right to counsel was not violated if his assets were seized, depriving him of the ability to hire a lawyer. Experts believe that with no money and no lawyer, Stanford will be less likely to avoid indictment. He will probably find that conceiving and masterminding the $8 billion Stanford financial fraud was far easier than figuring out how to free himself from the tangled web he's woven.  

Stanford Investment Fraud Attorneys

Protecting your investments after they have been involved in a securities fraud like the one Stanford operated, can be hard to do on your own. These are complex legal cases that involve thousands of other duped investors and expert attorneys. Being represented by an experienced securities attorney can help you recover lost investments.

If you have lost money in the Stanford Financial Group fraud or any other securities fraud, contact a securities attorney at Arnold & Itkin LLP to discuss your options for compensation.

 

 

 

Receiver in Dreier Investment Fraud Recovers Assets Worth More Than $100 Million

Before the promissory note investment fraud scheme he was operating went bust, lawyer-cum-investment fraudster, Marc Dreier lived a lavish lifestyle that included sailing aboard a 121-foot yacht and camping on luxurious properties. The receiver in charge of locating his assets recently recovered more than $100 million in assets.

In his report to the U.S. District Court, the receiver in charge of Dreier's assets, Mark Pomerantz, said he recovered artwork including photographs, sculptures, and paintings worth $39 million, and an ultra luxurious yacht, one of just ten of its kind in the world, worth $18.5 million, as well as properties in the Hamptons and Manhattan.

Dreier Investment FraudDrier's scheme involved the selling of at least 85 fake promissory notes that were said to pay an interest of 11.5 percent. He is charged with selling fake promissory notes to three separate investors and 13 hedge funds between 2004 and 2008. Most of the money went to fund Dreier's extravagant lifestyle, while some went to fund his law firm operations and pay returns to early investors, in a classic Ponzi scheme.

By the time Dreier was charged, he was broke and was using money he obtained by selling more fake promissory notes. He did this, not only to maintain his lifestyle, but also to pay sundry bills. He was arrested in Canada in December while in the process of impersonating a pension fund attorney in an attempt to sell a fake note. He was indicted for securities fraud, money laundering, and conspiracy; and faces a civil lawsuit by the U.S. Securities and Exchange Commission.

Meanwhile, another hedge fund company that purchased these now-worthless promissory notes from Dreier, has announced its losses. New York-based Fortress Investment Group LLC has announced that it lost $125.7 million in Dreier's fraud.  Other hedge fund managers who filed claims in recent days for their losses include Concordia Advisors LLC, Eton Park Capital Management LLP, Novator, and Perella Weinberg Partners.

Why You need an Investment Fraud Lawyer

For unsuspecting investors who have very little information about how hedge fund managers invest their money, the realization that their investments are worthless can be a traumatic experience. A securities attorney can help answer any questions you have and explore all of your options for recovery.

If you have lost money in the Marc Dreier promissory note investment fraud, contact a securities attorney at Arnold & Itkin LLP to discuss your case.

 

 
 

Stanford Financial Fraud Keeps Attorneys Busy

Securities attorneys representing investors duped in the Stanford investment fraud are getting ready to persuade Ralph Janvey, the U.S. receiver of Allen Stanford's assets, to release frozen assets. Also, the two receivers in the U.S. and Antigua are locking horns over Stanford Financial Group asset control and the man at the center of the scandal seems to have zeroed in on a criminal lawyer to represent him.

Janvey has released a set of procedures that investors, who believe their accounts should not be frozen as part of the freeze on all Stanford assets, can use to prove their money was not tainted by the scandal and should, therefore, be released. The money in question is tied up in funds and amounts to a total of $1.7 billion dollars. Stanford Investment FraudInvestors who wish to see their frozen funds released will have to agree not to sue the group elsewhere and to abide by the court's decisions. Earlier in March, Judge David Godbey released approximately 28,000 of the frozen investor accounts that amounted to over $4 billion. The other investors will have to furnish details about the interest they earned during their investment and what they did with the money. They will also be required to convince Janvey that their funds are clean and should be released.

Meanwhile, the dispute over who exactly controls the Stanford Financial Group's assets in Antigua continues with Janvey and Antigua government appointed receiver, Nigel Hamilton Smith. The receivers continue to play tug-of-war over the assets. Janvey insists his control extends to all Stanford Group assets, including those in Antigua, while Smith claims he is the sole receiver for the assets. The two are expected to meet soon to come to an agreement. 

Finally, capping off days of hectic legal activity, Allen Stanford is likely to be represented by a Houston-based criminal attorney. The lawyer, Dick DeGuerin, has not formally been appointed as the billionaire's lawyer because Stanford has no money to retain legal services.

Stanford Financial Fraud

Losing money in an investment scam can be a painful experience with the nightmare seemingly never ending. The process of recovering your money is not an easy one and can it take weeks and even months for legal experts to build a case. It is extremely important to have an experienced securities attorney on your side to represent you and help you through tough times.

If you have lost money in the Stanford Financial Group scam, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

 

 

Madoff's Accountant Arrested and Charged

Bernard Madoff is no longer the lone ranger in the world's biggest Ponzi scheme, his accountant, David Friehling, was arrested March 17th for his part in the notorious $65 billion investment fraud. The accountant repeatedly signed off on Madoff's bogus financial reports, helping the fraudster continue his scheme.

Madoff's Accountant ArrestedFriehling was not charged for knowledge of the investment fraud, but for fallaciously certifying that he audited Madoff's financial statements. According to Acting U.S. Attorney Lev Dassin, "Mr. Friehling's deception helped foster the illusion that Mr. Madoff legitimately invested his clients' money."

Friehling turned himself in to authorities and was charged with aiding and abetting, investment advisor fraud, and four counts of filing false statements with the U.S. Securities and Exchange Commission. The 49-year-old could face 105 years in prison for his actions.

Friehling was paid anywhere from $12,000 to $14,500 per month between 2004 and 2007, by Madoff's firm. Also, Friehling and his wife invested with Madoff and had an account of more than $500,000.

Investment Fraud Attorney

Recovering lost investments in a massive scheme like Madoff's can be extremely difficult. Our team of securities attorneys has the skill and experience needed to recover your funds.

If you have lost money in the Madoff investment fraud, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

Government Takes Steps to Seize Madoff's Assets

Government officials plan to seize Bernard Madoff's assets. Gradually, prosecutors are identifying Madoff's many assets and filing that they intend to seize them. Madoff, the perpetrator behind the world's largest Ponzi scheme, admitted March 12th to the $65 billion scheme and is now behind bars, awaiting sentencing on June 16th.

According to the Houston Chronicle, Nearly $100 million in assets owned by Madoff and his wife Ruth have been identified and are subject to seizure in the near future. The $100 million includes: real estate, cash, bonds, automobiles and boats. Also up for seizure is the Madoffs' $7 million Manhattan apartment and their homes in New York, Florida and France.

Madoff Investment FraudProsecutors also plan to seize assets in Ruth Madoff's name including: $17 million cash and $45 million in bonds. The Madoffs' lawyers insist Ruth is the sole owner of the cash, bonds and Manhattan apartment and that they are not related to her husbands $65 billion Ponzi scheme. In addition, loans given to the Madoffs' sons, Mark and Andrew, adding up to nearly $32 million are on the list of assets to be seized.

Prosecutors have yet to actually file a seizure request. They have filed a "notice of intent" to seize the assets, warning the Madoffs, their team of attorneys and Judge Denny Chin of the upcoming request.

On December 31, 2008 the Madoffs claimed they were worth $826 million, $700 million of which was Bernie's ownership in Bernard L. Madoff Investment Securities. Recently, however, outside evaluators value the company at only $10 million.

Investment Fraud

Our team of securities attorneys has the expertise and experience necessary to take on crooks like Bernie Madoff and have helped many families recover from the financial burden brought on by such schemers.

If you or a loved one has lost investments in the Madoff Investment Fraud or any other investment scam, contact a securities attorney at Arnold & Itkin LLP for a free consultation of your case.

Madoff Pleads Guilty to Ponzi Scheme

Bernard Madoff, the man who swindled thousands out of $65 billion, plead guilty to 11 criminal charges on March 12th and was sent to jail. Others are being investigated, but no charges have been filed.

Thursday morning, Bernie Madoff appeared in front of U.S. District Judge Denny Chin and plead guilty to his $65 billion Ponzi scheme. As victims looked on from the gallery, he apologized for his wrongdoing explaining "as years went by, [he] realized [his] arrest and this day would inevitably come." One by one, Madoff plead guilty to 11 criminal charges:

  • Securities Fraud
  • Investment Advisor Fraud
  • Mail Fraud
  • Wire Fraud
  • International Money Laundering to Promote Specified Unlawful Activity
  • International Money Laundering to Conceal and Disguise the Proceeds of Specified Unlawful Activity
  • Money Laundering
  • False Statements
  • Perjury
  • Making a False Filing with the SEC
  • Theft from an Employee Benefit Plan

The 70-year-old faces 150 years in prison for the charges.

In his apology, he maintained that his brother and sons had no role in the scheme and explained that he began getting results for his clients "at any cost" in the early 90's, during poor economic times. After months of investigation, however, SEC officials believe he began the scheme in the 80's.

Madoff Ponzi SchemeEarlier in the week Madoff refused to agree to a plea deal with prosecutors and admit to conspiracy, implicating others. Because of his refusal investigators will have no help in identifying others involved in the scheme. According to Dr. Michael Welner, forensic psychiatrist, "the old man falls on his sword" attempting to take the blame for all and save the others involved in the fraud.

Madoff's attorney asked that he be put back on house arrest, but Judge Chin sent him straight to jail saying "he has the incentive to flee" and "the means to flee." SEC officials have located an estimated $950 million of Madoff's assets and continue to search for other funds they are sure he has hidden.

Prosecutors want Madoff to pay $170 billion in restitution to satisfy the 5,000 clients and 13,567 accounts he defrauded.

Ponzi Scheme Attorneys

Getting through the tough financial road that follows after being duped by an investment fraudster can be extremely difficult. Our team of securities attorneys has helped many people get back on their feet in the wake of an investment fraud emotionally and financially.

If you have lost money due to Bernie Madoff's Ponzi scheme or any other investment fraud, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

1,000 Stanford Employees Terminated

As of Friday, March 6th nearly 1,000 U.S. Stanford employees were without jobs. The receiver of Allen Stanford's assets, Ralph Janvey explained that, due to Stanford's extreme financial troubles, business would be discontinued.

According to CNBC, The near 1,000 Stanford employees without jobs account for 85% of the fraudster's employees in the United States. In addition to the absolute termination of all salary and benefits, the unfortunate group will receive no bonuses or severance.

Stanford Investment FraudA few employees from the Houston headquarters will be kept on long enough to wrap things up at the office and close the company down. After, however, they will also be out of a job.

In a statement on Friday Janvey explained, "After a review of the circumstances, the receiver concluded that continuing employment for these employees is not in the interest of conserving and preserving the value of the estate because there are insufficient resources to continue to compensate all present employees."

Nearly 1,000 employees are now left to find a job and benefits for their families in today's bleak job market.

Investment Fraud Attorney

Recovering lost funds due to a schemer like Stanford can be extremely difficult and exhausting. Our team of securities attorneys can help you get through tough times and recover lost investments.

If you have lost money in the Stanford investment fraud or any other securities fraud, contact an experienced securities attorney at Arnold & Itkin LLP for a free consultation.

Accounts of Stanford Investment Fraud Victims to be Released

Ralph Janvey, the receiver appointed to oversee Allen Stanford's assets, plans to release accounts under $250,000 by March 9th.

After the Texas billionaire duped thousands of unsuspecting investors in an $8 billion dollar investment fraud, all assets related to the flamboyant fraudster were frozen. This made it difficult for many unfortunate investors to pay bills and other necessary expenses. Luckily, for those people, Janvey has announced the release of all accounts under $250,000 that are not involved in the investigation. 12,000 clients will regain access to their funds upon the release.

Stanford Investment FreezeMost of these accounts are managed at Pershing LLC, the clearing firm for the majority of Stanford accounts. Janvey, however, has also considered releasing accounts held at JP Morgan Clearing Company.

Janvey has also explained, after looking into Stanford's financial situation, that the schemer is in such bad shape financially that clients will need to transfer their funds to other broker dealers in order to gain access.

Before the news of Janvey releasing the accounts, many unhappy investors filed suit against both Janvey and the Securities and Exchange Commission (SEC) claiming they wrongly seized accounts. Janvey has apologized for the financial burden the freeze has put on investors.

All certificates of deposit controlled by Antigua and Barbuda remain frozen.

Stanford Investment Fraud

Dealing with the mess created by swindlers like Stanford can be exhausting and frustrating. Our team of securities attorneys can help you find the answers and resources you need to recover your investment.

If you have lost money in the Stanford investment fraud or any other securities fraud, contact an experienced securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

2008 Saw High Numbers of Securities Class Action Lawsuits

When you look back at 2008, ending with the Madoff investment fraud, it is not surprising that securities attorneys had a busy year. Considering 2009's big start with the Stanford financial fraud exposed, it looks like this years numbers may not be far behind.

A total of 210 securities class action lawsuits were filed last year, of these, 103 were filed against the financial services sector. That is a huge increase from the annual average of 26 lawsuits filed in previous years. Securities Fraud LawsuitAccording to Business Insurance, contrary what you might expect, most of these lawsuits were not filed in the latter half of 2008, when the extent of the credit crisis became clear. Rather, most of the cases were filed in the first half of the year, before the words "Bernie Madoff" and "investment fraud" became such a familiar part of our lexicon. The reason for this is that most of the biggest firms involved in the credit crisis, had lawsuits filed against them in the beginning of the year. In fact, according to Cornerstone Research of Boston, 9 of the 10 biggest financial firms were sued before December 2008. This was before the Bernard Madoff investment fraud came to light. 18 cases against him were filed in January.

The average securities class action settlement in 2008 was down to $7.5 million from $9.4 million the previous year. However, the percentage of settlements in excess of $100 million increased to 8% in 2008, from 6% in 2005. It’s been a bad year for banks, who are not only besieged by large numbers of class action lawsuits, but are also struggling to survive. Of the 25 banks that collapsed in 2008, five have been sued.

Securities Attorneys

It is impossible for insurance companies, investors and investment fraud lawyers to predict frauds like Madoff's scheme, or the Stanford Financial CD bubble that recently burst. Scams like these are being exposed at an alarming rate and with months or years to go before the credit squeeze is expected to slacken, we can anticipate more frauds coming to light.

If you have lost money in the Bernard Madoff scam or the Stanford Financial Group fraud , contact a securities attorney at Arnold & Itkin LLP to discuss your case.

 

 

 

Stanford Investment Freeze Brings Odd Request

A Dallas judge is astonished by an artist's request to release the hold on 100 bars of solid gold tied up in the Stanford investment fraud investigation, not for financial reasons, but for art's sake.

According to Times Online, a controversial UK artist, Chris Burden planned an exhibition at Gagosian Gallery in California that would require 100 gold bars. The exhibition is called "One Kilo, One Ton" and is based on the "duality...of weights and measures" and "the layers of meaning embedded in the known hierarchy of materials."

Stanford Investment FraudIn January, Burden and the Gagosian Gallery purchased the gold, through Stanford Coins & Bullion, from Dillon Gage Group, a rare coins and metal dealer unrelated to Stanford or any of his businesses. The parties agreed that Burden and the Gagosian would wire the payment for $3.3 million worth of gold to Stanford Coins & Bullion who would then transfer the money to Dillon Gage Group. From there the gold would be shipped to the gallery in time for Burden's exhibition on Saturday, March 7th.

Following the raid of Stanford's firms for his alleged $8 billion investment fraud, all assets and transactions related to Stanford, both business and personal, were frozen. This includes the gold bar transaction.

The Gagosian argued they were "unfairly caught up in the litigation" and that their transaction had nothing to do with investing, certificates of deposit or anything in question regarding the Stanford case.

Unfortunately, for Burden and the Gagosian, the freeze was not overturned and the exhibition has been postponed until further notice. Luckily, receiver Ralph Janvey, is working diligently to release accounts that are not in question and the freeze is set to be lifted in March 12th.

Chris Burden, 62, is well known for his controversial works including: shooting himself in the arm and being crucified atop a Volkswagen Beetle.

Securities Attorney

The freeze of Stanford's assets has affected many innocent people in various ways. If you have lost investments or access to funds due to the Stanford investment fraud, contact an experienced securities attorney at Arnold & Itkin LLP for a free consultation.

Antigua Wants Stanford's Island Back

Allen Stanford, accused of running an $8 billion Ponzi scheme, leads an extravagant lifestyle with private jets, multiple homes, billions of dollars and, recently discovered, an Antiguan island. Antigua and Barbuda's government is taking steps to seize the island to help their financial situation in the wake of Stanford's thievery.

Guiana Island

Stanford Investment FraudGuiana Island is Antigua's largest island measuring 2.5 miles across and .5 miles wide. With extensive mangroves, coral reefs and wildlife it is one of Antigua's ecological treasures. It is home to Antigua's national animal, the European fallow deer, and the endangered West Indian whistling duck.

In the early 1990's the island was sold to Tan Kay Hock with intentions of developing the land and building resorts, casinos, conference centers, etc. The land was never developed due to the Asian financial crisis in 1998. At some point after that, the land was acquired by a British Virgin Island company. Stanford bought the shares of that company and now controls the land.

Seizing the Island

According to Reuters UK, the Antigua and Barbuda government has already been approved to seize 250 acres of the land and seeks to seize the remainder. Stanford's scandal hit the country and its people hard, financially. He is Antigua and Barbuda's biggest employer after the national government and is its largest investor.

Government officials hope to take control of the island to help alleviate Stanford's fraudulent impact on the local economy. Their three main goals include:

  • stabilizing the Stanford-owned Bank of Antigua
  • keeping 800 Stanford workers employed
  • paying off a "massive outstanding debt to local suppliers"

Overall, Prime Minister Baldwin Spencer and his government are focused on the "well being of the employees and the entire economic situation".

Antigua and Barbuda officials hope to get control of the island without any difficulty from the U.S. Securities and Exchange Commission (SEC) and Ralph Janvey, the man appointed receiver of Stanford's assets. Many of Stanford's victims are American.

Investment Fraud Attorney

Clearly, the Stanford case is a complex one, involving many layers of deception. Recovering investments lost to a fraudster can be difficult and exhausting. An experienced securities attorney can help you take the necessary steps to get your money back.

If you have lost money in the Stanford investment fraud or any other securities fraud, contact a securities attorney at Arnold & Itkin LLP for a free consultation.

Arthur Nadel Accused of $350 million Securities Fraud

76-year-old Arthur Nadel faces 40 years in prison and fines of up to $5.25 million for alleged securities fraud and wire fraud.

Arthur Nadel, a Sarasota, FL resident, operated two firms: Scoop Management and Scoop Capital which controlled six different hedge funds: Victory, Victory IRA, Viking IRA, Scoop Real Estate, Valhalla Investment Partners and Viking Funds.

In Allen Stanford style, Nadel misled 500 to 600 investors nationwide, purporting assets of nearly $350 million when, in reality, they totaled only about $1 million. Also, last year's returns were negative, but Nadel told his clients their returns were 11 and 12%. The Securities and Exchange Commission (SEC) has charged Nadel with securities fraud and wire fraud and has frozen his assets, both personal and business.

The Search for Nadel

Just after the Bernie Madoff bust, partners at Nadel's Scoop Management and Scoop Capital suggested he hire an independent accountant to audit the books. According to reports by USA Today, Nadel agreed to the audit on January 8th and disappeared on January 14th.

Arthur NadelThe next day, authorities found Nadel's vehicle in a local airport parking lot. He also left his wife a handwritten note explaining he left documentation enough for her to take over what is left, "even documentation for divorce" and felt "extreme guilt." He also advised her to withdraw money as soon as possible, knowing the assets would be frozen shortly.

Federal officials traced Nadel's cell phone transmissions to New Orleans and on January 27th he surrendered to officials in Tampa. Later that day he was seen in a courtroom wearing shackles. The judge handling the case, Mark Pizzo, denied bail for the swindler claiming he was a flight risk and might have money stashed away somewhere.

The Damage

According to the SEC, Nadel has been running his investment fraud since 2004. During that time Mace Securities International invested $2 million dollars with Nadel and lost nearly half. Another investor is left with only $3,000 after a recent statement lists his fund as worth $603,000.

In an attempt to recover lost investments and repay swindled investors, Nadel agreed to work with the SEC, identifying his assets. According to reports, however, he has been uncooperative. Authorities have discovered that $1.25 million was recently transferred from two of the hedge funds into a secret personal account and found two private jets and 500 acres of land in North Carolina.

Securities Fraud Attorney

Sorting through the tangled mess fraudsters like Nadel create can be exhausting. A securities attorney with expertise in cases like this can help you find the answers and resources you need to recover lost investments.

If you have lost money in a securities fraud, contact an experienced secuities fraud attorney at Arnold & Itkin LLP for a free evaluation of your case.

Nicholson Arrested for Fraudulent $900 million Hedge Fund

On February 25th, a man named James M. Nicholson was arrested for, allegedly, running a $900 million hedge fund investment fraud. The Securities and Exchange Commission (SEC) has accused the 42-year-old, of securities fraud and bank fraud.

Nicholson managed a hedge fund under his company Westgate Capital Management LLC of Pearl River, NY, which is not registered with the SEC. The fraudster, allegedly, convinced investors to hand over money with misleading and untrue sales material and outright lies, much like the recently infamous Allen Stanford. He fallaciously told investors he managed assets totaling $600 to $900 million and he produced fake financial statements through a fake accounting firm he dreamed up called Havener & Havener.

Nicholson Investment FraudAccording to the SEC, since 2004 the schemer swindled nearly $900 million from naive investors. Soon after Bernie Madoff's Ponzi scheme was busted, Westgate investors, like many others, began to worry and attempted to retrieve their investments. When checks started to bounce in December the SEC began an investigation. To date, about 24 checks written to investors, totaling nearly $5 million, have bounced. In addition to the bounced checks other investors have unsuccessfully attempted to recover more than $10 million from Nicholson.

Nicholson is being represented by Madoff's attorney Ira Sorkin and is currently under house arrest with bail set at $10 million.

Investment Fraud Attorney

Investment fraud can be difficult to recover from on your own. If you have been decieved by a crooked hedge funds manager a securities attorney can help you recover lost investments. Contact an experienced securities attorney at Arnold & Itkin LLP for a free consultation.

Stanford Accused of Ponzi Scheme

Last Friday, the Securities and Exchange Commission (SEC) amended their complaint against Allen Stanford, James Davis, Laura Pendergest-Holt and the three affiliated companies, accusing Stanford and Davis of executing a Ponzi scheme and Pendergest-Holt of "facilitating" the scheme.

According to the Houston Chronicle, SEC officials say the threesome had been executing the Ponzi scheme for at least a decade. While Stanford and Davis misappropriated billions of dollars, Pendergest-Holt convinced naive investors that she and a team of analysts were keeping tabs on their investments.

Stanford Ponzi SchemeAccording to the SEC, on a monthly basis, Stanford and Davis came up with a set return on Stanford International Bank investments and worked backward from there, falsifying financial documents to support their deception.

By February 2009, $1.6 billion of investor money had been misappropriated by Stanford through fake personal loans to himself, which he threw away in "speculative, unprofitable" businesses he controlled.

Ponzi Scheme Attorney

Considering the various illegal activities Stanford was involved in, knowing where to being when involved in an investment fraud can be exhausting. An experienced securities attorney can help you sort through Stanford's mess and recover your lost investments.

If you have lost money in the Stanford Investment fraud or Ponzi scheme, contact a securites attorney at Arnold & Itkin LLP for a free consultation.

Many Lawsuits Over Stanford Investment Fraud

Since Ralph Janvey was appointed the receiver of Stanford's assets after his alleged investment fraud, and all accounts associated were frozen, brokers and investors have wasted no time filing lawsuits in attempts to get access to their money.

A Houston lawyer, representing the Stanford brokers, Ron Frank, told the Houston Chronicle the Securities and Exchange Commission (SEC) outlawed any contact between the brokers and their clients as of February 17th, the day of the raid. Janvey explained that investors can contact a small group of brokers, not to withdraw investments, but to sell securities. Frank went on to say that the receiver has "overstepped his bounds" and that they are "going to try to take on the receiver."

Stanford Frozen AssetsIn a different lawsuit, J. Mark Brewer sued to SEC in an attempt to get access to frozen retirement accounts. His funds are held by a clearing firm called Pershing, who handled Stanford transactions. Brewer argues that, although, Stanford may be guilty, his dealings with Pershing have nothing to do with his situation. Brewer is one of many investors unhappy with the freezing of their Pershing assets. Some of the others, however, have taken a different approach; they are on board with the SEC's civil lawsuit in Dallas.

Another client cannot access his banking account due to the freeze. His attorney, Ben Elmore, has filed an intervention in the Dallas SEC lawsuit.

Also, Arnold & Itkin LLP has filed suit on behalf of a defrauded investor. The client suffered financial loss as a result of Stanford's misrepresentation of facts and deceit.

Investment Fraud Lawsuit

Taking on a billionaire and his tangled web of lies after an investment fraud can be arduous. Our securities attorneys have the expertise and experience necessary to research the situation, find the answers and recover your investment.

If you have lost money in an investment fraud, contact a securities attorney at Arnold & Itkin LLP to find the resources you need.

Allegations Against Allen Stanford and Company

Allen Stanford, James Davis, Laura Pendergest-Holt and Stanford Financial Group's various firms allegedly violated the Securities Exchange Act of 1934 and the Investment Advisors Act of 1940. Allen Stanford, the flamboyant billionaire, allegedly set up a scheme convincing naive investors that his incredible returns were feasible.

Securities Exchange Act of 1934

The Securities Exchange Act of 1934 created the U.S. Securities and Exchange Commission (SEC) and prohibits manipulative and improper securities practices. The law also requires firms to disclose financial information and insider trading information.

Investment Advisors Act of 1940

The Investment Advisors Act of 1940 requires investment firms and investment advisors to register with the SEC and follow SEC regulations. This way, the SEC can regulate and oversee advisors' actions.

Allegations in the Stanford Investment Scam

In violation of the Securities Exchange Act, Stanford and company used misleading facts and omitted imperative information when pitching to their clients. Rather than using true historical returns, the company used figures from a group of mutual funds that had done well from 1999 to 2004 purporting them to be historical results. Stanford and company knew the facts they delivered to clients were false and misleading and, ultimately, convinced clients to invest nearly $1 billion in their Stanford Allocation Strategy program. Because Stanford, Davis and Pendergest-Holt were all in a position to correct false information and correct employees pitching the improbable returns, they are liable for the losses clients suffered. Stanford and company violated the Investment Advisors Act by knowingly employing misleading and abusive practices to dupe investors.

Securities Attorney

Digging through and understanding the many laws that apply to investment fraud can be difficult and exhausting. Our experienced team of securities attorneys has the expertise needed to tackle schemers like Stanford.

If you have lost money in the Stanford Investment fraud or any other investment scam, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

Allen Stanford's Many Legal Run-ins

It seems as though tricking naive investors wasn't Allen Stanford's only profession. The Texas billionaire, accused of running an $8 billion CD investment fraud, is and has been in other legal trouble.

In addition to investment fraud, Stanford is also being investigated by the FBI for a money laundering scheme connected with the infamous Mexican drug trafficking gang, Gulf Cartel. For a long time, the Securities and Exchange Commission (SEC) and FBI have worked together to ensure good timing and sufficient evidence against the financial titan, but after Stanford began to withdraw large amounts of cash from his bank, the SEC couldn't wait. As a part of the FBI investigation, Mexican authorities seized one of one of Stanford's private planes and, inside, found checks believed to be linked to the Gulf Cartel. Stanford could face charges of money laundering and bribery of foreign officials in addition to securities fraud charges.

Stanford Investment FraudAlso, in 2001, Stanford, claimed he was a descendant of Stanford University's founder, Leland Stanford. Stanford University officials denied any relation and, in 2008, filed a trademark infringement lawsuit against the billionaire, claiming his actions were "injurious" to the university's name and caused "public confusion." This odd attempt at name dropping supports the idea that the egomaniacal Stanford is after power in every way. 

Another legal "oops" on Stanford's record is his failure to pay taxes. According to public records, he owes more than $212 million in federal taxes. This is the sum of four federal tax liens against the accused fraudster from 2007 and 2008.

Securities Attorney

Taking on a deep-pocketed fraudster like Stanford can require extreme amounts of time, research, money and expertise. Our team of securities attorneys has the experience necessary to recover funds lost in an investment scam.

If you have lost money in the Stanford Financial fraud contact an experienced securities attorney at Arnold & Itkin LLP for a free consultation.

Madoff Investment Fraud: Bernie May Have Fictionalized Stock Trades

Investors who lost money in the Bernie Madoff investment fraud were shocked by what they heard at the very first investors' meeting last week – there is evidence to suggest that Madoff bought no securities and made up monthly statements sent to customers.

Ponzi Scheme AttorneyAt least 300 investors with their investment fraud lawyers gathered in Manhattan at a meeting that was meant to calm panic-stricken investors, but ended up doing just the opposite. According to Irving Picard, who was appointed as a trustee by the court and given the responsibility of overseeing the sale of Madoff’s assets in order to pay his victims, there is evidence that the shamed money manager bought no securities for his customers over a period of 13 years, at least. In short, he only used investor money to pay off other investors in a classic Ponzi scheme. Needless to say, this revelation has only added to investors' fears. The meeting was attended by several investors, many of them senior citizens who have been milked off their entire life savings to the tune of millions of dollars each. Several of them have been forced to sell their homes and go back to work in an effort to financially cope with their losses.

There was at least one ray of hope for frazzled Madoff investors. Picard confirmed that he was able to generate funds, amounting to $650 million from Madoff asset sales. He expects to recover $950 million in all to help compensate customers who submit claims before the July 2nd deadline. These claims are in addition to the $500,000 that each investor is eligible for from the Securities Investor Protection Corporation.

For many investors, another concern has raised its head; investors who have received significant returns from their Madoff account over the years may have to return it in what is known as a “clawback.” These investors may find that the returns they enjoyed for so many years are not really theirs, because the accounting statements were bogus and no investments were actually made in their name. Simply put, these investors did not receive “returns”, they only received other investors' money. It is a bitter pill to swallow and thousands of investors will be looking at more painful days in the  months ahead. Nearly 2350 investors have filed claims to recover funds as of now. Across the spectrum of victims, which includes philanthropists, entertainers and retirees, one feeling runs high – they have been let down not only by Madoff, but by the Securities and Exchange Commission which failed to act on whistleblower efforts to bring the ongoing fraud to their attention.

Investment Fraud Attorneys

The process of recovering funds from an investment fraud can be daunting. It takes time, effort and expertise that stressed securities fraud victims don't typically have. Our team of securities attorneys has the expertise and experience it takes to get you the compensation you deserve.

If you have lost money in the Madoff Ponzi scheme, contact an experienced securities attorney at Arnold & Itkin LLP for a free consultation.

Stanford Group Employees Served as Members of FINRA

More revelations about the $8 billion Stanford Financial securities scam are providing clues to how the massive scam managed to stay under the radar for so long. Two employees at the Stanford Financial Group served as senior members of an advisory watchdog body that was set up to help prevent investment fraud.

In a classic case of the foxes guarding the hen house, Lena Stinson, who served as the Stanford Financial Group's director of global compliance, and Frederick Fram, chief operating officer of Stanford Group holdings, served on the membership committee of the Financial Industry Regulatory Authority (FINRA). FINRA is the largest financial regulatory body overseeing U.S. securities firms. The agency did impose fines on Stanford Financial Group for a series of violations, including falling below the minimum capital requirement. In 2007, Stanford Group was fined $10,000 for distributing marketing materials that failed to disclose both risks and benefits of CD investments in a balanced manner. When the firm fell below the minimum capital requirement for a broker, it was fined $10,000 but no further action was taken to investigate the company, even though a broker falling below the minimum capital requirement is a rare occurrence and one that should have alerted the agency to what was going on at the Stanford group. When you consider that two of the Group's employees occupied influential membership positions on the board at FINRA, you begin to wonder if there was a reason for the leniency shown to Stanford.  The Stanford Group has not responded to these reports.

Allen Stanford took care to develop the right contacts and spread his sphere of influence to lawmakers and, now it seems, even to financial regulators. It's too early to say if the presence of two Stanford insiders at a financial regulatory body, established to prevent investment broker abuse, had some link to how the Stanford Financial fraud was able to remain under cover for so long. But questions are beginning to emerge about how FINRA could have been represented by members of a company that was part of the very group of investment brokers it was meant to regulate.

Stanford Financial CD Fraud

The Stanford investment scam has rocked an already shaky Securities and Exchange Commission (SEC), which oversees FINRA. While the SEC has continued to mishandle investigations, innocent investors have had their Stanford Financial Mutual Fund and CD accounts frozen by receivers. 

During a crisis like this, it's important to have the expert guidance of an experienced securities attorney. If you have lost money in the Stanford investment fraud, contact a securities attorney at Arnold & Itkin LLP to understand how you can begin the process of recovering your assets. 

The Stanford Investment Fraud Whistleblowers

Stanford investment fraud whistleblowers left the company when they realized Stanford's unethical practices were intentional and unchanging. They went to the Securities Exchange Commission and helped build a case against the Texas billionaire.

Stanford Investment FraudIn December of 2007, former Stanford Financial Group (SFG) financial advisers, Charles Rawl and Mark Tidwell quit their jobs for fear of being held criminally liable due to the investment fraud they feared was taking place at SFG. While working at SFG the men were aware of the company's unethical marketing methods and asked management to correct the wrong doing. When the company refused to change its ways Rawl and Tidwell quit and went to Securities and Exchange Commission (SEC) authorities with their concerns. With the mens' help, the SEC began building a case against the extravagant billionaire and his companies. When Stanford's lawyer, Thomas Sjoblom, stepped down, the SEC took it as a red flag and confirmation of their suspicions and pounced, raiding Stanford's offices just days later. Sjoblom's resignation, according to Peter Henning, a criminal and securities law instructor, was a "massive red flag" and "scream[ed] fraud."

In many instances whistleblowing has been looked down upon, whistleblowers are often referred to as tattle-tales or as selfish snitches, throwing others under the bus, so to speak, to save themselves. Due to this, it has also been known to bring on discrimination and difficulty finding work. Recently, however, the SEC has turned a positive light on whistleblowers, calling on them to help stop investment frauds earlier and, in turn, help restore the Commission's reputation.

Now, the whistleblowers, Rawl and Tidwell, have filed a wrongful termination and employment discrimination lawsuit against SFG. Also, investors have recently joined a class action lawsuit against SFG filed by former Stanford employees.

Securities Attorneys

Sorting through the paperwork and deciphering the financial jargon used in an investment fraud can be extremely difficult. Our team of securities attorneys can help you take the appropriate steps in recovering lost investments.

If you or a loved was has lost money in the Stanford investment scandal or any other securities fraud, contact an experienced securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

Post Stanford Financial Fraud, SEC Desperately Seeking Whistleblowers

The recent Stanford investment fraud scam, which unveiled an $8 billion securities fraud, has made one very unlikely person the most sought-after at theSecurities Exchange Commission(SEC) –the whistleblower. Whistleblowers, who are typically thought of as selfish snitches, have gained the positive attention of the country's premier financial regulating agency.

A few weeks ago, a fraud investigator testified to a stunned Congressional hearing about the many times he attempted to bring the ongoing Madoff fraud to the attention of SEC officials. Every time, Harry Markopoulos attempted to alert seniors about Madoff's Ponzi scheme, he was thwarted. Among other things, officials at the SEC told him to quit pursuing Madoff's fraud because he "was too big." The agency, Markopoulos testified, is staffed by "financially illiterate" people. Markopoulos also added suggestions for the way the SEC can revamp its regulating procedures so that more investment fraudsters like Bernie Madoff and Allen Stanford can be stopped early on.  These recommendations include staffing the agency with more street smart financial brains and moving the agency to New York or Boston.

Investment Fraud AttorneyAccording to insiders, nearly half of all investment frauds, including Ponzi schemes, are revealed by the tips of whistleblowers. At the SEC, inspector general David Kotz is working to ensure that whistleblowers who have access to information about ongoing investment scams are encouraged to come and share their information with the SEC. The agency is contemplating an incentive structure, so people will be encouraged to come forward with tips and awarded.  At the end of the day, however, all these recommendations could be useless if they are not implemented quickly. Bureaucratic hurdles and simple lack of will could leave the SEC to continue down the path the becoming a paper tiger that appears on the scene only after all damage has been done and billions have been wiped clean.

Stanford Investment Fraud Attorney

Losing hard earned money in an investment fraud, like the one run by the Stanford Financial Group, can be an emotionally draining experience. Investors may struggle not only with concerns of their long term financial security, but also their immediate and short term financial needs. In these difficult times it helps to have the assistance of a securities attorney who can help you understand your financial situation and the complexities involved in the claims process.

If you have lost money in the Stanford Group Investment scam, contact a securities attorney at Arnold & Itkin LLP to get the help and resources you need. 

Stanford Financial Fraud Victims Received Few Answers to their Questions

As new details have emerged about the Stanford investment fraud, we have learned that the company went to great lengths to woo new investors and impress existing ones. However, investors who asked pointed questions about the way the Stanford Financial Group was able to show unbelievable profits every year received few answers.

Former employees of Stanford International Bank are revealing what went on behind the scenes at the bank. According to a former investment officer at Stanford International, employees were trained to limit information given to investors. Stanford Fraud AttorneyMuch like investors, senior employees at Stanford had limited access to the bank's investment methods themselves. At least one employee, Michael Zarich, told Securities and Exchange Commission (SEC) investigators that presentations made to potential investors never included information about the monitoring methods for supervising close to 80% of the bank’s assets. These assets were known as Tier Three funds, and were not monitored by the analysts who monitored the rest of the assets. Clients often asked why the company used a small accounting firm in Antigua. To that Zarich had a ready answer - a big accounting firm would require a hefty commission from returns paid to clients. Beside, investors were told, Enron's big auditing firm, Arthur Anderson, could not prevent their collapse.

According to Stanford Group employees, they have no idea how the Tier Three funds were managed. Even Laura Pendergest-Holt, who is one of the defendants in the case filed by the SEC, told investigators she has no idea how the funds were managed.

Stanford Financial CD Fraud

The Stanford investment fraud was not only complex but also shrouded in mystery and secrecy, with many employees unaware of how the company was able to claim such high returns year after year. This kind of secrecy makes it harder for victims of the Stanford financial fraud to recover their money. Investigations are likely to take a significant amount of time and it is important that victims be guided by an experienced securities attorney who can protect their interests.  

If you have sustained losses in the Stanford investment fraud, contact a securities attorney at Arnold & Itkin LLP to learn how you can begin to recover your losses.

Madoff Whistleblower Warned SEC About Investment Fraud

At the beginning of the decade, just as Bernard Madoff was beginning to see his grand Ponzi scheme take off, an investment fraud investigator, alert to the signs of such scams, warned the Securities Exchange Commission (SEC) about the swindle. But as Harry Markopoulos testified at congressional hearings last week, the "inept and financially illiterate" SEC ignored his warnings.

It's a sobering testimony from an SEC insider-turned-whistleblower who is busy blowing the lid off the SEC's incompetence and its inability to stop criminals like Madoff in their tracks. Markopoulos' testimony is frightening for investors who imagined that the Madoff Investment Fraud Attorneyscandal was a flash in the pan and that few other Ponzi schemes and investment frauds are to follow; if what he says about the SEC is true, it's fair to assume that fraud skeletons will tumble out of the closet for months to come. Markopoulos says the SEC is staffed by people who are "undereducated" or "too slow." Also, the whistleblower insists that the SEC is too friendly with the big name companies it is meant to oversee and investigators are afraid of going after these big fish. When Markopoulos attempted to bring Madoff to the attention of the SEC, they insisted that his company was too big for them to take on and that he should be left alone. The results of that negligence are now clear. While elderly retirees have been forced to go back to work, to make ends meet after all their money was wiped out in the scam of the decade, and confidence in the SEC has dropped to new lows, the brain at the center of the scam is "incarcerated" in his luxury penthouse in New York. 

Investment Fraud Lawyers

Filing claims against large, influential Wall Street companies can be an intimidating affair. These are well connected companies that have the contacts and the resources to fight their claims for as long as it takes to avoid paying out damages. That’s why you need the expertise of an investment fraud attorney who has the resources to pursue a claim for as long as it takes to recover the damages you deserve.

If you have lost money in the Bernard Madoff scam, or any other investment fraud, contact an experienced investment fraud attorney at Arnold & Itkin LLP for a free consultation.

 

 

 

Former AIG Exec Sentenced to 4 Years, Fined $200,000

Christian Milton, AIG's long-time vice president of reinsurance was sentenced to 4 years in prison, fined $200,000 and faces deportation upon serving his sentence for securities fraud, conspiracy, mail fraud and making false statements to the Securities and Exchange Commission.

Last Tuesday, 61 year old, England transplant Milton was handed a 4-year sentence and fined $200,000 for "manipulating AIG's financial statements to falsely inflate AIG's reported loss reserves" which benefited his personal compensation plan as it was tied to AIG's stock. Four former General Re Corp. executives were also charged in the investigation for their participation in falsifying reports and, ultimately, AIG's financial health. General Re Corp, in collusion with AIG, took out reinsurance policies with AIG boosting AIG's stock price and "inflating the reserves by $500 million." The judge overseeing the case, Christopher Droney, said "[Milton] surely knew this was a scam from the very start," "This was no momentary lapse in judgement."

One of the four former Gen Re executives was sentenced to 2 years and fined $200,000 in December, the rest await sentencing.

Securities Attorneys

If you have incurred financial losses due to fraudulent acts or advice of a financial planner or advisor, a securities attorney may be able to help you claim compensation for your losses.

If you or a loved one have been affected by securities fraud, contact a securities attorney at Arnold & Itkin LLP.

More Ponzi Schemes Surface, Accused Earn the Name "Mini-Madoff"

Since the Bernie Madoff scandal and his loss of $50 billion in investor money, Ponzi schemes have been popping up left and right. Numerous "Mini-Madoffs" appeared after skeptical investors requested their returns.

According to the Houston Chronicle, the deteriorating economy and nervousness after the Madoff scandal has caused investors to request their returns, shining light on the schemes. Stephen Obie of the Commodity Futures Trading Commission (CFTC) explains, "There is no way for a Ponzi scheme to survive given the large number of redemptions and a lack of new investors." Before, schemers could take money from one investor to pay the other; now, there isn't enough money in the pot to continue playing the game. In the last year CFCT has seen double the leads to possible Ponzi schemes and has brought cases involving over $200 million since last October.

Last Monday, Nicholas Cosmo was arrested in a New York train station in connection with a suspected $380 million Ponzi scheme. Although Cosmo had already served time for securities fraud, 1500 people willingly gave him $20,000 for supposed high-yield "private bridge" loans. Also, in Florida, naive investor Reggie Roseme was duped by George Theodule, a "man of God" who promised churchgoers double their money in 90 days. Roseme gave the "mini-Madoff" his life savings of $35,000 in cash, as did many others from the near by Haitian-American community. With beautiful offices and a too-good-to-be-true sales pitch, Theodule managed to collect tens of thousands from many investors.

Investment Fraud Attorneys

Pursuing investment fraud claims after losing a huge investment or even your life savings can be intimidating. At Arnold & Itkin LLP we have the experience and expertise to get you the money you deserve.

If you or a loved one has been a victim of investment fraud contact a securities fraud attorney at, Arnold & Itkin LLP for a free evaluation of your claim.

SEC Investigations into Apple Discloses Nothing to do With Investment Fraud

The Securities Exchange Commission is investigating Apple after a series of announcements by the company, concerning the state of CEO Steve Jobs' health. The investigation is not focused on any allegations of investment fraud, but on the recent confusion stirred by the CEO's health.

Last week, Jobs announced that he would be taking five months medical leave for treatment of pancreatic cancer. Nothing wrong with that, except for the fact that nine days earlier Jobs, who made a shockingly emaciated appearance at an Apple event, claimed his weight loss was the result of a hormonal imbalance that would be sorted out with nutritional therapy. Jobs' battle with cancer began in 2003; he declared himself cured in 2004 and the cancer seemed to have been eliminated. Last June, worried investors took notice of his appearance as he suddenly become frail and weak. Company spokesmen denied fears that the cancer was back and claimed that the CEO had a "bug". Soon, newspaper reports claimed Jobs had surgery to deal with nutritional deficiencies stemming from his cancer treatment. Apple share prices began quaking when the CEO failed to make an important keynote address in December 2008; soon after, in January, the "hormonal imbalance" talk came about. Predictably, the stock that began slipping zoomed back up after reps claimed the condition was easily treatable. Nine days later, Jobs dropped the bombshell – the caner was indeed back and he would be taking medical leave.

Now, the SEC, already under fire for its failure to protect investors from people like Bernie Madoff and Arthur Nadel is investigating the disclosures. They seek answers as to why there appeared to be such half truths told about the state of the CEO's health and whether the company lied about Jobs' health. A CEO's health may be a private matter, but an investor still has the right to know what's going on with the company and if he should be worried about his investment. Of course, it is entirely possible that in the nine days between the time the company announced Jobs had a hormonal imbalance and Jobs' announcement of sick leave, he found out the cancer was back.

No one expects any serious developments to arise from the review. It is being regarded more as an attempt by the SEC, which is under huge pressure for a variety of failures on its watch, to assure the American public they are taking the errors made in the announcements of Jobs' health condition seriously. 

Investors' Rights

Investors have the right to be informed of facts that may affect their stock value. Concealing facts or manipulating them to affect stock prices can cause investor losses and can be grounds for a claim against the company in case of losses. An experienced securities attorney can help you determine if you have grounds for a claim.

If you have lost money due to investment fraud, contact an investment fraud attorney at Arnold & Itkin LLP for a free evaluation of your case.

SEC to Prosecute Webster Man in "National Lampoon" Stock Fraud

In a decidedly unfunny move, Tim Dougherty has been charged with stock fraud, involving purchasing huge amounts of the stock of humor company National Lampoon in a bid to drive up stock prices. The CEO of the company which owns the rights to the "Vacations" series of movies, as well as another consultant at the company have also been charged with securities fraud and conspiracy.

The case has been under investigation for a while now, with the participation of the Federal Bureau of Investigation and the Securities Exchange Commission (SEC).   According to the SEC, Daniel Laikin had paid kickbacks amounting to $68,000 for purchase of stock in the company in a bid to drive up stock prices fraudulently. The stock purchases went on for a number of days and involved Laikin, Dennis Brasky, a National Lampoon consultant and a third party who was secretly working for the government.   The company's stock has been hovering at $2 per share, and Laikin and the others wanted to inflate it to $5 per share. The company believed that an increase in stock price would place it in a better position to enter into partnerships with other entertainment companies. Laikin has since resigned from his position at the company. Dougherty meanwhile faces the possibility of serving up to 25 years in prison if convicted of securities fraud. 

The scam seems to run deep at the comedy company that owns some very lucrative rights to movie franchises, including the "Animal House" series of films. Besides movies, the company also distributes TV shows and websites, and has developed a licensed brand around its name.

Stock Fraud

Stock fraud to drive up prices of shares can occur in a number of ways. Stockbrokers may withhold important information that could influence a buyer's decision to buy stocks, or they may, as in the case of National Lampoon, resort to artificial inflation of stock prices by buying back their own stock to drive up prices. In every case, deception is the key to a successful stock fraud scam, and investors may realize only when it's too late and they have lost substantial sums of money that their stocks are not worth what they paid. As of last week, National Lampoon's stock was trading at 73 cents, which amounts to a significant loss for investors who have been duped by these fraudulent stock price inflation tactics.

When an investor loses money in stock fraud, he can file a securities fraud lawsuit against the company with the help of a stock fraud lawyer in an attempt to recover losses. Securities attorneys who specialize in litigating stock fraud scams with big firms have the resources to pursue a case for your benefit.

If you have lost investments due to stock fraud, contact a securities attorney at Arnold & Itkin LLP, for a free evaluation of your case. We can help you understand your options for claiming compensation for your loss.

 

 

 

 

Cutbacks Lead to Fewer Stock Fraud Prosecutions by SEC

In a year that’s been rocked by some of the biggest, and most devastating investment fraud, mortgage backed securities fraud and other scams, there's new evidence that the Securities Exchange Commission (SEC) has been lax in its policing efforts throughout the Bush administration. According to the International Herald Tribune, prosecutions for stock fraud fell sharply over the past eight years, as the outgoing administration reduced the SEC to essentially, a toothless tiger.

The number of prosecutions for stock fraud this year is expected to be the lowest since 1991. So far, there have been 133 prosecutions for securities fraud in 2008, compared to 437 prosecutions in 2000. The number of SEC investigations that led to prosecution by the Justice Department fell drastically from 69 in 2000 to just 9 in 2007.

According to the report, cutbacks in federal resources is one of the factors to blame for the increasing perception of the SEC as a spineless body that's more interested in protecting Wall Street than innocent investors. The SEC for instance, has had considerable staffing cutbacks, while the FBI has been forced to shift massive resources to the war against terror. Apart from staffing shortages, the SEC has seen some changes in policy that have weakened investigators' authority to probe cases on their own. Many officers have left for cushy jobs with the firms that they once investigated. As the year ends with the Bernard Madoff scandal stunning everyone in the business, and securities fraud attorneys asking why the SEC was so blind to all the signs of the fraud that Madoff was operating, the SEC Chairman has ordered an investigation into the failure to stop Madoff. Many say it's too late. After all, the biggest fear right now is not the extent of Madoff's fraud, but the very likely possibility that there are more such audacious Madoff-like scams yet to be discovered.

Wall Street Investor Fraud in 2008 Rocked the Country

2008 was to the American investor what 1992 was to Queen Elizabeth II - an annus horribilis. As one financial institution after another collapsed – entirely due to its own greed and shortsightedness – million of investors were looking at the possibility of foregoing any chance of a dignified retirement. The lucky ones could look forward to spending another decade in the workforce to begin saving again, after Wall Street's unchecked gluttony ruined their hopes for an early office farewell party. The fact these firms lobbied to ensure that they would be protected from liability when their scams went bust is proof of the fact that they knew all along that this is where it would end. 

Business litigation against well established and powerfully backed financial firms is not an easy task. It involves going up against billion dollar companies who have well connected people defending their interests. Having the expertise of a professional and specialized securities fraud attorney can however help you build the solid case you need in order to recover any of your hard earned money.

If you've lost money as a result of investor fraud, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

 

 

 

 

SEC Accuses Mav's Owner of Insider Trading

Today the Securities and Exchange Commission (SEC) filed a lawsuit accusing Internet entrepreneur turned Dallas Mavericks owner of insider trading.  At issue is a 4-year-old stock sale that Mr. Cuban has written about on his blog. The U.S. Securities and Exchange Commission alleges that Mr. Cuban avoided a $750,000 loss by selling his 6 percent stake in Momma.com, an Internet search engine company, after company executives told him confidentially about a stock offering restricted to major investors.

"It is fundamentally unfair for someone to use access to nonpublic information to improperly gain an edge on the market," said Scott W. Friestad, the SEC's deputy director of enforcement.

Cuban has flatly denied the allegations and a statement from his lawyer posted in Cuban's blog said that he would fight the civil complaint.

When company investors or executives with access to privileged information engage in insider trading, it puts other investors and shareholders at an unfair disadvantage. If you have suffered a financial loss as a result of insider trading or other corporate stock fraud, you may be entitled to compensation.  A securities attorney with the Texas business litigation law firm Arnold & Itkin LLP in Houston, Texas can help you understand your rights and options you may have to claim compensation for your loss.