Archive for the ‘Scams and Schemes’ Category

Madoff Update: “Deeply flawed individual” sentenced to 150 years but says he’s sorry…

Thursday, February 25th, 2010

His own lawyer calls him a “deeply flawed individual” and I nominate that for the understatement of the recession.

Madoff’s fraud is an almost unbelievable scam, spanning a reported $170 billion dollars through his company, decades of time, abuse of untold friendships, and destruction of tens, hundreds, maybe thousands of peoples’ lives.  This is not a scam limited to the primary vicitims, no, this scam has destroyed many families for generations to come because soo many invested everything they had.

But Madoff says he’s “sorry.”  Due to the type of damages these cases do to families, retirees, and anyone touched by the scam, I am not sure “sorry” does it.  I think spending the rest of his life confined in a spartan cell with plenty of time to think about all the horror he inflicted and to feel all the anguish and loss of his victims, but maybe that gives him too much credit because I don’t think he has any ability to respond as a human.  How coudl he?  He launched this scam decades ago and instead of unwinding it if not giving himself up, he only pushed harder to scam greater and greater amounts of money from more and more people.

Did he have no thoughts for what he was doing and no understanding that it would all wind up a massive train wreck?

Did he even try to invest the money?  It sounds like the answer to that is “no.”  Instead used the loot, because that’s what it was, to benefit himself and his family.  He didn’t even try to invest the money – everything was a scam from his published returns (shame on the SEC, too)  to his monthly account statements where he did not even take the time to make sure that his statements were even remotely accurate.

Madoff is less than human most would agree.  But is it only that he is perfectly human?

Can a human be soo epically flawed and still function in society as he did for decades?  I suppose so.

Maybe money is the root of all evil after all.

Another Stanford Group Follow Up…

Thursday, February 25th, 2010

R. Allen Stanford was taken into custody on his Ponzi scheme allegations related to his international banking empire.  Because the judge agreed that Stanford poses a flight risk the judge ordered him to remain in custody.

The government’s indictment charged Stanford and other executives at his firm with scamming 30,000 investors invested $1.2 billion in assets and in about 7 years grew it to about $8.5 billion.

Investigators say that even as Stanford claimed healthy returns for those investors, he was secretly diverting more than $1.6 billion in personal loans to himself.

Ponzi Scheme Victims: “Throw the Book, Judge!”

Thursday, February 25th, 2010

Many of Madoff’s victims sent impassioned letters asking the judge to give Madoff as much time in prison as possible.  Some of them have even asked for a chance to speak at the June 29 sentencing hearing.

The letters are wrenching because many of Madoff’s victims are elderly and retired who have lost everything to Madoff’s greed.

For more, including a link to these moving letters, click here.

Madoff ‘Feeder Funds’ Suing Mad – And Playing Offensive Defense

Thursday, February 25th, 2010

Now more ‘feeder fund’ investors are suing Madoff along with others.  These two feeder funds are looking to recoup approximately $3.5 billion in alleged losses.  Kingate Global Fund Ltd. and Kingate Euro Fund Ltd. filed their lawsuit in US District Court in Manhattan this week.

The lawsuit alleges that “[r]eportedly, over $3 billion was invested in Kingate Global and Kingate Euro, and virtually all of those moneys were funneled to Madoff.”  A few months ago these two Kingate funds were sued by the trustee of Madoff’s investment company.  The trusteee, Irving Picard sued to recover $255 million withdrawn from Madoff’s firm between October and November 2008.  Picard’s lawsuit named fund manager Kingate Management Ltd.; Grosso’s FIM Advisers LLP, which acted as a consultant to the funds; and others as defendants.

The feeder fund lawsuit is an attempt to deflect the allegations made by the Madoff investment firm trustee Irving Picard that these two funds illegally profited from their association with Madoff.

The feeder funds will try to defend by saying they were victims too.

Time will tell, but if these money managers are half as astute as they (used to) like the public to believe I am not sure they will make a strong case.

NY Investment Adviser Charged for Stealing Client Funds

Thursday, February 25th, 2010

The Securities and Exchange Commission charged an investment adviser in Armonk, N.Y  for stealing more than $6 million in investor funds for himself.  He exploited clients that were mentally ill and handicapped, the SEC reports.

Matthew D. Weitzman used clients money for his own personal use by selling securities through clients’ accounts and transferring their money to a personal bank account.  Clients received false account statements, often showing false account balances and inflated securities.  Weitzman also engaged in broker-dealer foul play as letters would be fabricated by Weitzman on behalf of his clients to complete money transfers.

Weitzman also took money from his clients’ Individual Retirement Accounts (IRAs) in order to maintain a minimum amount of cash to engage in the unauthorized transfers.  Weitzman chose clients from AFW Asset Management, the company that he co-founded based in Purchase, N.Y, to exploit.  He targeted clients that were less likely to check their account statements, like $430,000 total transfers from a client that was terminally ill.  He took $85,000 from said client in two unauthorized transfers from the widow of the client.

Weitzman has been accused violating many industry rules click for more detail here.

New York AG’s Debt Collection Industry Investigation Will Hopefully Increase Accountability

Thursday, February 25th, 2010

New York Attorney General Andrew Cuomo closed down two debt collection companies in Western New York.  The two Buffalo-based firms engaged in a variety of illegal activities to achieve their ends, through various forms of harassment. The Attorney General’s office have delivered subpoenas to over 15 collection agencies due to complaints received in the wake of this investigation.

Debt Collection agencies that engage in illegal means of collection often use coercion and harassment to collect money that sometimes a customer might not even owe.  These two Buffalo firms, for example, allegedly forced individuals to pay debts that they didn’t even owe.

This issue has achieved nationwide importance, as the Federal Trade Commission has received three times the amount of complaints regarding debt collection agencies in 2008 in comparison to 2002.  There is no doubt that this investigation will lead to the downfall of more debt collection agencies that engage in illegal means to collect.

Tough business this debt collection – significant rules about their activities, serious penalties if they get it wrong.  I am sure that most are on the up and up and are aware of the costs of dropping the ball.  As in any industry, a few bad apples can ruin the whole thing.  The bad ones should be shut down but the good ones do provide a valuable service.

For more on this investigation…click here.

Madoff Trustee Thinks He Found More Illegal Profits

Thursday, February 25th, 2010

The Fairfield Greenwich Group is the latest target of the trustee’s clawback lawsuits. This time he is looking to get back $3.2 billion from the fund which was one of the biggest investors in the Madoff ponzi with more than $7 billion.

http://www.nytimes.com/2009/05/19/business/19madoff.html?ref=business

Trustee Going After Madoff Profits – sues hedge fund and a charity

Thursday, February 25th, 2010

While trustee ostensibly won’t be going after the principal invested by those who got out of Madoff’s ponzi scheme before it collapse, they are going after profits in ‘claw back’ suits. This type of fraud and similar types of stock fraud are all too common and the problem is you just don’t know when or where the next one will be. Stock fraud claims against broker dealers are potentially easier to pursue because often the broker dealer has some liability.

http://www.nytimes.com/2009/05/13/business/13madoff.html?_r=1

Stanford Group’s Chief Investment Officer Indicted

Thursday, February 25th, 2010

Well, another supposedly strong and trustworthy company is being revealed as a ponzi scheme. This one ‘only’ involved about $8 billion and she was ‘only’ indicted for conspiracy and obstruction of justice. Is it just me or does it seem like the ones you should be able to trust in the financial markets you can’t trust.

Danny Pang’s Charges

Thursday, February 25th, 2010

The SEC charged Pang with structuring charges for his scheme to make many transactions just below federal reporting requirements to gain access to huge sums of money without telling the government.  Apparently kept the cash at his house until he bought gold bars with it (really!).  The SEC is also alleging that he ran a huge ponzi scheme.