Justice Served Up Daily

Stanford Financial Group

Justice Served Up January 23 2013

English: Mug shot of Allen Stanford.

English: Mug shot of Allen Stanford. (Photo credit: Wikipedia)

Here's what we're reading today:

Stanford CFO, James Davis Sentenced to Prison (Bloomberg) - Davis was roommates with Allen Stanford back during their days at Baylor University.  Recruited early on to join Stanford Financial (aka Ponzi Scheme), Davis hid the truth from investors as they believed they were investing their hard earned money into safe certificates of deposit in Antigua.  The fraud was uncovered and Davis became a key witness against Stanford, who is now serving a 110 years in prison.  Today, Davis got his punishment and a little bit of an award when he got 5 years in prison.

Preparing For Russell Wasendorf Sentencing (Bloomberg) - Peregrine Financial founder, Wasendorf, was found unconcious in his car with a suicide note detailing a multi-decades long fraud.  Today the prosecutors recommended that the 64 year old Wasendorf get 50 years in prison as a result of him stealing over $200 million.

Rajat Gupta Asks For His Guilty Verdict to Be Tossed (NY Times) - Gupta's attorneys said that Judge Jed Rakoff erred in allowing government wiretaps of Raj Rajaratnam saying "I've got a guy on the Goldman board...".  Who exactly was Raj talking about?  Prosecutors say that "guy" was Gupta, Gupta says Raj was talking about someone else. 

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Justice Served Up September 14, 2012

English: Mug shot of Allen Stanford.

English: Mug shot of Allen Stanford. (Photo credit: Wikipedia)

Stanford Financial Chief Investment Officer Gets 3 Years in Prison (Bloomberg) - Talk about the deal of the century for prison time, Laura Pendergest Holt (39) was scheduled to begin defending herself at trial about this time but instead took a plea deal to avoid the same fate of her boss Allen Stanford (serving 110 years in prison).  Prosecutors had settled on a take-it-or-leave-it deal for U.S. District Judge David Hittner of 36 months for Holt on the charge of obstructing justice (nothing associated with the Ponzi scheme itself).  Even though Hittner agreed to accept the plea and the sentence, he had received a number of letters from victims telling him to reject the deal in an effort to get her more prison time.  Holt was not allowed to self-report to prison and was taken into custody.  She leaves behind a husband to care for her 16 month old daughter.

Do Ethics Courses Fall Short In Business Schools (Daily Herald) - Perhaps it is a call for business schools to look at doing something different.  With large white-collar cases involving graduates of Harvard, Wharton (Penn), Southern Cal and more .... it may be time for a change in the way ethics is taught.  Perhaps the answer is that there is a little ethical fading in all of us that we need to be aware of in order to fend off that temptation that is surely coming our way.

10 More Arrested in Long Island Rail Road Disability Fraud (NY Times) - I think this is a fascinating case of usually hard-working people who found an easy way out by claiming they were unable to work ... a kind of self-retirement because "I deserve it!"  Ten more people from the LIRR were arrested on Tuesday, bringing to total to 32 being charged for getting a doctor to say they could not work and collected benefits.  Perhaps this is a wake up call to the many who cheat on workers compensation claims .... but I doubt it.

CA Woman Steals $550k From Employer Only To Be Scammed Herself (Acorn) - A once loyal employee of Advantek (promotional marketing company) based in California, was caught taking $550k by passing 170 checks to herself over a year's period.  When busted, she told why she needed the money ... to bail out her on-line boyfriend from Spain who was said to be held in U.S. Immigration.  It turned out, that the boyfriend was a scammer himself who was part of a Nigerian criminal enterprise.

Federal Inmate's Family Gets Settlement For Missed Diagnosis of Cancer (Press & Guide) - The federal prison system does have healthcare for inmates, but here's a story of pure neglect.  Timothy Bell was sentenced to a 30 month prison term for a non-violent drug charge.  For 18 month, he complained to prison doctors and adminstrators of discomfort he was feeling near the pits of his arms.  Finally, after several attempts to get some medical attention, he was transferred to a medical prison where he was diagnosed with stage 4 non-Hodgkin's lymphoma.  Bell was released from prison on November 10, 2009, a year later he died at the age of 39.  Yesterday, the federal government agreed to pay his family nearly a million dollars as a settlement.  So much for government healthcare.

 

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Justice Served Up June 21, 2012

Covering white-collar crime this weeek from the Association of Certified Fraud Examiner conference in Orlando, FL.

Former Olympus CEO, Michael Woodford, Tells All - Michael Woodford told a crowd of over 2,300 fraud examiners his tale of being a whistleblower on the company that he headed.  Less than 6 months after taking the helm of Olympus Corporation as its President and CEO, Woodford came across some past acquisitions that caused him concern.  As he dug deeper, he realized that the company he headed was part of a multi-billion cover-up that reached the most senior levels of the company.  So what did the chairman and board of directors of the Japanese company do when he asked for more answers?  They fired him.  His hour long talk talked of how his 30 year career at Olympus ended with his ouster and the indictment of its chairman and other senior executives.

Roger Clemens Acquitted of All Charges - Roger Clemens is innocent of lying to congress and obstructing justice according to jurors who listened to 9 weeks of a trial that put the Cy Young award winning pitcher on trial.  The trial was over whether Clemens lied about steroid use in front of a congressional hearing on the matter.  A black eye for the government, this brings into question whether this was worth the tax payer money spent on this trial (and the one before it that ended in a mistrial).  Clemens' next challenge will be whether this acquittal is enough to get him into the Hall of Fame.

Insider Trading Plea Deal From former AT&T Employee - Another plea deal has been announced in the insider trading scheme that involved expert network firm Primary Global.  Alnoor Ebrahim (57) has agreed to plead guilty for passing information from his position as associate director of channel marketing at AT&T Mobile in Atlanta, GA.  The information was on Apple iPhone and RIM Blackberry sales/shipments.  As a consultant for Primary Global, Ebrahim was paid $180,000 for information that went to hedge funds to trade shares of the publicly traded companies of Apple and RIM.  Last year, Winifred Jiau, also a consultant for Primary Global, was found guilty of passing inside information on Marvell and Nvidia.  She was sentenced to 4 years in prison.  Because of his plea agreement and the dollars involved in the trades, Ebrahim is likely to serve 18-24 months in prison.

Stanford Financial Executive to Plead Guilty - Laura Pendergest-Holt has agreed to plead guilty for her role in the Stanford Financial ponzi scheme.  Less than a week after the former CEO of Stanford Financial, Allen Stanford, was sentenced to 110 years in prison, Pendergest-Holt came to an agreement with the government to plead guilty.  She was originally scheduled to go to trial in September.  She pled guilty to one count of obstruction of justice and will likely serve 3 years in prison.  Much less than 100 years!  It pays to cooperate.

 

 

 

 


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Allen Stanford Trial - Week Two

English: Mug shot of Allen Stanford.

Image via Wikipedia

It takes some of these long trials to get going, but the Allen Stanford trial ramped up big this week. 

On Tuesday, Stanford, if he did not know it already, had really ticked off a woman in Antigua.  Marian Althea Crick said she remembers Allen Stanford as trying to use his charm to pursuade her to overlook regulations in the small island nation where she was a director of a regulatory agency that oversaw financial institutions like Stanford's bank he opened there in the 1990's.  Ms. Crick, who is now chairman of the Financial Services Regulatory Commission in Antigua, said she complained to Antiguan authorities when Stanford was also put on the board that regulated banks in Antigua....a clear conflict.  Her quote on the stand was, "It reminded me of a saying we have at home, it was a classic case of the rat being put in charge of the cheese." However, there was no clear violation that she could point to that incriminated Stanford...but the there is plenty of that to come in this trial.  You have to admit, once you clear out the regulators, it looks like you set the stage for some big things.

Crick resigned as a regulator in 2002 and was replaced by Leroy King.  King was accused of taking a part in hiding Stanford's alleged fraud as well as a few million dollars in payments from Stanford financial....along with a few Super Bowl tickets (tis the season).  King is still in Antigua fighting extradition to the U.S. to face charges.

Another witness for the government was Mark Collinsworth, who was a research analyst at Stanford Financial Group, Co. in the U.S.  Collinsworth painted a picture of Stanford as not being that engaged with the business and that he never received any direction from Stanford to falsify financial statements.  He also said that James Davis, former CFO at Stanford and is cooperating with government, had hired people who had no business working for a financial institution. Davis once hired one of his former farm hands as a commodities analyst and his preacher as an analyst for Middel Easter affairs.  What's the harm if the whole thing was a fraud.

And what is a good fraud if you can't have some fun in the midst of it.  Henry Amadio, a former accountant for Stanford in Houston, testified that he kept a secret report for Allen Stanford to track the flow of over $2 billion from the Antiguan bank to other entities controlled by Mr. Stanford.  Prosecutors believe that the promises Stanford made to depositors who thought they were investing in a safe investment, was nothing but a rouse to fund yachts, homes, jets or far flung enterprises that were risky.  Amadio worked directly for Mark Kuhrt at Stanford Financial.  Kuhrt was arrested and charged in the scandal in June 2009, the day after Allen Stanford was arrested.

On Thursday, it was James Davis, Stanford's former roommate at Baylor, former friend and former CFO at Stanford Financial, who took the stand.  Davis said in his testimony that, "I was involved in faking the numbers, but he was the chief faker."  Sounds like a new business term.  Davis (63), who is a government witness after pleading guilty in 2009, has a lot riding on this testimony as he is hoping to get a prison sentence that will be short enough that he can live out some of it in the free world.  Davis had some admissions of his own as he talked about his 3-year affair with Stanford Financial's Chief Investment Officer, Laura Pendergest Holt.  He noted that Stanford approved of the affair by saying, "That's good; she'll be loyal." Holt is still planning on going to trial later this year, so I'm sure this story is going to be repeated again in a few months.

Davis said that he knew Stanford was a fraud back in 1991 (18 years prior to his arrest), so why did he stay, "I believed in Mr. Stanford - wrongfully so.... but I continued to stay there and lie with him," he told Assistant U.S. Attorney William Stellmach under questioning.

Davis has a lot to say.  He is expected to be on the stand next week as well.

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Allen Stanford Trial Moving Along....SLOWLY

English: Mug shot of Allen Stanford.

Image via Wikipedia

The trial of Allen Stanford, Stanford Financial Group, is expected to start January 23rd in Houston, TX.  Stanford, who was arrested for running a $7 billion Ponzi scheme, has been in prison since June 2009.  Dispite not having a trial, all of his assets have been seized and he has no money for a defense....so the U.S. government has picked up the tab.  Hard to believe that Forbes had ranked him as the 205th richest person in the U.S. the year prior to his arrest (2008).

Three things have held up this trial.   The first was a physical attack by a fellow inmate on Stanford when he was first incarcerated.  The injuries were severe, to the head, causing Stanford to undergo treatment.  Once Stanford started treatments, he also developed memory loss and then had an addiction to anti-depressants.  He was then transferred from his prison in Houston to the Bureau of Prison's facility in Butner, NC to receive advanced medical treatment.  Late last year, he was deemed "cured" and routed back to Houston for trial.  However, Stanford said he still wasn't feeling well and suffered from memory loss....something that would hinder a good defense at trial.  So his defense team asked that the trial be put off.  However, on December 22, Judge David Hittner determined that Stanford was faking his symptoms and was competent for trial....so we were off for the trial....oh, wait, there is another problem.

Allen Stanford's defense team, you know the one being paid for by U.S. tax payers, had a set back in that their experts that were to testify in Stanford's defense had not been paid.  Yes, expert defense witnesses can be paid for their services....kind of like tying a pork chop around your neck to make the dogs play with you.  With this, Stanford's attorneys sought yet another delay until the experts could be paid....those experts had already quit as a result of non-payment.   Money was released this week and all the experts are ready to defend Mr. Stanford.  So now we're ready to go, right?  Not quite.

Stanford's lead defense counsel, Ali Fazel, wanted a delay of trial three more months to prepare more for the trial.  It seemed Fazel and his team have spent all their time trying to declare their client incompetent and keeping the defense team paid, that they needed more time to actually prepare to DEFEND their client.  Judge Hittner had heard enough and told the defense team to get ready for January 23rd.  In his ruling Hittner said, "Stanford, as an indigent defendant, is entitled to a solid, capable and competent defense, not the deluxe or 'perfect' defense that he might have otherwise desired were he still in control of the millions (or even billions) of dollars indicative of his past lifestyle."  On with the trial !!!!   

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