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.

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.

 

 

 

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.

 

 
 

Louisiana Investors File Investment Fraud Lawsuits against Stanford Group Advisors for Misrepresentation

The Stanford Group lawsuit craze rolls on – a group of 10 investors in Baton Rouge, Louisiana filed suits against their financial advisors claiming they lost millions in the Stanford investment fraud.

The lawsuit was filed in the 19th Judicial District Court against six Stanford group advisors, alleging negligence on their part. The lawsuit claims the advisors misled the investors, leading them to believe they were investing in safe Certificates of Deposit (CDs) from Stanford International Bank. The investors also claim that the advisors failed to make proper inquiries about the risks of the CDs and failed to inform investors of the risk. The lawsuit calls the bank nothing but a ‘’highly leveraged hedge fund’’ and the bank's CDs ‘’high risk ultra speculative junk bonds’’.

Stanford Group advisors promised investors 8 percent returns on the CDs at much higher rates than other CDs offered at the time. The advisors are accused of breach of contract and negligence. Stanford Invesment FraudThe investors are seeking repayments of the money they lost, which they say is in the millions of dollars. Lawyers for the defendants insist that it is much too early to file an investment fraud lawsuit because the extent of losses of Stanford investors is still unclear.

In February, the Securities Exchange Commission (SEC) accused Allen Stanford, James Davis, and Laura Pendergest-Holt of running an $8 million investment fraud. They have been accused of lying to investors about the safety of the certificates of deposit sold by the bank and promising ’’high returns’’. Stanford has yet to be charged with a crime. The Baton Rouge lawsuit is Louisiana's first regarding the Stanford investment fraud. The area had several wealthy investors who bought CDs from Stanford Bank.

Stanford Fraud Lawsuits

Recovering lost investments after a scam like the Stanford CD scam can be a long and tedious process. For this reason it is important to take steps to protect your investments as quickly as possible with the help of an experienced securities attorney

If you've lost money in the Stanford Financial fraud or any other investment scam, contact a securities attorney at Arnold & Itkin LLP to learn how you can recover your investments. 

 

 

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.

 

 

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.

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.

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.

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.

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. 

Florida Legislators Introducing Bills to Stop Investment Fraud

Concerns over the increasing number of investment fraud schemes being uncovered have spurred Florida’s lawmakers to introduce legislation they hope will protect investors.

Two southwest Florida lawmakers, Representatives Tom Grady and Senator Garrett Richter, have collaborated with Florida attorney general Bill McCollum to introduce a bill known as the Florida’s Securities and Investors Protection Act. The proposals aim at enhancing the attorney general's powers to begin investigating possible fraud sooner. Prosecutors will need less proof to pursue a case, enabling them to easily crack down on any violations that come to their attention. The bill will also provide for stricter registration requirements for investment advisers and brokers.

Investment Fraud AttorneyFlorida has been hit particularly hard in the recent series of investment fraud scandals that have come to light. The victims of Bernie Madoff's scheme included a large number of retirees who invested their funds in the scheme and moved to Florida to live out their golden years. Soon after in January, hedge fund manager Arthur Nadel surrendered in Tampa after leading investigating officers on a cross country chase. Nadel is being sued by federal regulators for inflating investment values in the funds he managed by approximately $300 million.

According to attorney general McCollum, the current system to investigate investment fraud in Florida is in dire need of change. Under the present system, prosecutors cannot interfere in a case until the financial regulation office refers it to them. The new bill allows the attorney general's office to initiate civil investigations.

A lack of attention and poor regulatory practices, both at federal and state levels, has allowed the likes of Madoff, Nadel and more recently, Allen Stanford to continue their fantastical schemes with no fear of getting caught. Their schemes remained under the radar as long as the economy was fine and credit was flowing freely. The credit squeeze has exposed a number of these schemes, audacious Ponzi schemes for the most part.

Investment Fraud Attorney

Pursuing claims in an investment or securities fraud can be a complex affair. Authorities may have access to more than one source for dispensing compensation and the amount of compensation for each investor who lost money can vary. 

A professional investment fraud attorney can help you recover damages from all sources possible. If you have lost money in a fraudulent scheme, contact an investment fraud attorney at Arnold & Itkin LLP for a free evaluation of your claim.

 

 

 

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.

Arnold & Itkin LLP Files Suit on Behalf of Stanford Investment Fraud Victim

Arnold & Itkin LLP has filed a securities fraud lawsuit against Stanford International Bank Ltd., Stanford Group Company, Stanford Capital Management, Allen Stanford, James Davis and Laura Pendergest-Holt alleging the defendants fraudulently deceived the plaintiff by making false and misleading statements. Their deceit in the investment fraud caused the plaintiff economic loss and Arnold & Itkin LLP is proud to represent them and help recover the lost investment.