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Previous Posts Archives
3/30/2007
Another Search and More Arrests Coming in Siemens Bribery Probe
So say authorities in Munich, who've done another pass through Siemens offices. Two additional warrants were subsequently issued...

At the time of this writing the names on those warrants are unknown, but Siemens did suspend another employee yesterday (following their suspension of Johannes Feldmayer on Tuesday) and it is assumed that person's name is one one of the warrants. The second warrant is apparently in the name of a former employee who left Siemens late last year.

Could it be that Siemens' former finance chief and a former member of its supervisory board, Karl-Hermann Baumann might be the former employee of interest to authorities? It is known that Baumann has been suspected for some time of having connections to the AUB bribery investigation that felled Mr. Feldmayer. Baumann is already under suspicion for breach of trust in connection with the AUD matter.

Meanwhile, back at Siemens HQ, its sweaty brows and clammy palms all around... What else can you expect when three out of four of your recent candidates for CEO are currently under investigation by highly motivated prosecutors. It tends to case a pall over the company picnic.

-- MDT

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WSJ Law Blog Q&A With Melvin Weiss
Peter Lattman interviews Melvin Weiss over at the WSJ Law Blog. Weiss comments on the the Tellabs case, the Milberg indictment. Worth a look. And if you're a snarky soul, maybe check out the comments as well.

-- MDT

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3/29/2007
Big News - It's a girl!
In mid-August my wife and I will be welcoming a new baby girl...

We couldn't be more excited!

-- MDT

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The Man Who'll Slim Down SarBox
Check out this Washington Post profile of Conrad W. Hewitt, "chief accounting guru" for the SEC.

Hewitt, a former managing partner at Ernst & Young, joined the SEC in July 2006. Hewitt also serves on the boards of some ten different companies, which may bear heavily on his thinking about the controversial Sarbanes Oxley reform package.

The Bush administration, cheered along by the business lobby, has made it clear that rolling back Sarbox is a quiet priority of their last lame duck year. What will happen to SarBox depends quite a lot on Mr. Hewitt...best get to know him a bit better.

-- MDT

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Newsweek Tackles Art Theft
Some of the earliest investigative work I ever did was related to art theft investigation, owing to my archival background, and to this day it remains some of the most interesting casework I ever had the pleasure of participating in.
Newsweek featured a great article in last week's issue on the changing norms of world art market, covering several recent cases of controversial sales and international prosecution of some high profile dealers and museum curators.

Just fascinating stuff, not just because of the new international legal regime that is emerging, but also for the implications for our shared world heritage.

Check it out: Whose Art Is It? at Newsweek.com.

-- MDT

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FBI After Beazer Homes for Potential Fraud
Atlanta-based Beazer Homes USA is facing scrutiny from the FBI over allegedly fraudulent practices in the company's mortgage lending business. Beazer, a public company, operates as a home builder in 21 states.

More here on the FBI's investigation of Beazer.

-- MMDT

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3/28/2007
Siemens Board Member Arrested
Johannes Feldmayer, Siemens executive board member, was detained on Tuesday in connection with a probe of bribery accusations concerning the German workers' association AUB (AUB's president has already been cooling his heels in stir for the last month). For more on how the Fledmayer arrest fits into the overal Siemens bribery scandal, check out this article from The Scotsman.

-- MDT

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Milburg Indictment Results in Meta Class Action
According to this newswire, attorney Theodore A. Bechtold is looking for takers amongst former Milberg-led class members for a case pursuing possible violations of duties owed to them in cases led my Milberg.

This feels sort-of like when you stand between two mirrors and it creates infinity...

-- MDT

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3/27/2007
Former Engineered Support CFO Faces Backdating Fraud Indictment
Gary Gerhardt, former chief financial officer for Missouri-based defense contractor, Engineered Support Systems has been indicted on ten counts of fraud related to the backdating of ESS stock options. The alleged backdating irregularities took place between 1996 and 2002. ESS's former controller, Steven Landmann previously plead guilty to cooking the books.

More here on the ESS indictment, via the St. Louis Business Journal.

You also might want to check out the SEC's Feb '07 injunctive order against Gerhardt and Landmann

-- MDT

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Stockman Securities Fraud Charges Become Official
David Stockman, who served in the Reagan administration from 1981 to 1985, has been accused of perpetrating securities fraud. Stockman along with other executives of automotive manufacturer Collins & Aikman is accused of to mislead investors while inflating earnings. The fraud charges had been teased since at least late last year.

Stockman formerly served as chairman and chief executive Collins & Aikman and is also the co-founder of a private-equity firm - one of the largest shareholders in the auto-parts company.

Collins & Aikman itself has already reached settlements, with both the SEC and the U. S, Attorney for the Southern District of New York. The deal, announced earlier this week, allows Collins and Aikman to avoid prosecution and substantial fines.

Check out more on the Stockman indictment via the Chicago Tribune.

-- MDT

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3/26/2007
Steve Jobs - Not Out of the Woods Yet
This San Francisco Chronicle article does a good job of laying why Jobs should still be sweating (if only in private) his 2001 stock option grants. Jobs has already passed through one options investigation untouched, that of, Pixar the animation house he bought of George Lucas for a song and then turned into a creative powerhouse.

But backdating issues with Jobs's gig at Apple, Inc. still loom large. There's a lot of smoke and maybe a bit of fire too. After all it would seem fortuitous for Job's to have accepted options backdated to just four days before Apple made the announcement of its first iPod...until you recall that the iPod was widely derided as a flop-in-the-making.

The Daily Caveat thinks Jobs'll skate...but time will tell.

-- MDT

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3/23/2007
Ferris Baker Watts Director Goes Back to Work, Investigation Still Pending
Ferris Baker Watts director of retail sales, Patrick Vaughn headed back to work this week, after taking a voluntary (cough) leave of absence from the firm in response to SEC and internal investigations (both still in progress) of FBW trades involving Ohio's IPOF fund. IPOF Investors have claimed that...
"...former Ferris broker Stephen Glantz made improper trades with fund money, court documents show. IPOF Fund principal David Dadante is facing criminal charges in Ohio and a civil lawsuit by the SEC, court documents show.
Vaughn isn't the only FBW employee tainted by the IPOF investigation. Louis Akers, director of Ferris's private client group, remains on leave and...
"Ferris general counsel Ted Urban and director of institutional sales Horace Usry were also on leaves of absence while Ferris investigates the trading matter. Urban retired March 1, and Usry resigned in late February."
Going to be a tense reunion around the ol' water cooler, I'd imagine.

More here on the Ferris Baker Watts investigation.

-- MDT

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Sprucing up the joint...
You might notice some minor changes around The Daily Caveat, owing mostly to my breaking down and actually starting to learn a little HTML. I hate being helpless when I want changes made to the site, so I'm taking the initiative here and trying to master a skill kids these days probably know before then can walk.

This has nothing - I tell you NOTHING to do with my web guru, Timoni Grone moving to San Francisco.

Good luck T - we'll miss you!

-- MDT

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3/22/2007
Investigator Involved in Usana Stock Manip Flap?
Usana Health Sciences filed a lawsuit on March 15 2007 against Private Investigator, Barry Minkow and his firm, the (if I may suggest, deceptively named) Fraud Discovery Institute for defamation. Usana's suit relates to indications that Minkow attempted to manipulate the price of Usana stock, as per a recent Wall Street Journal article. In a recent news release about the case, Usana reps had this to say:
"USANA believes Mr. Minkow's statements are part of a coordinated public relations program financed by a paying client and from which Mr. Minkow will profit personally. According to reporting in the March 15, 2007 edition of The Wall Street Journal, Mr. Minkow "...has bought 'put' options on USANA's shares in a bet the price will fall." Mr. Minkow admits that he has been paid to conduct his "investigation" against USANA. Further, he has engaged a public relations firm to propagate his false and misleading statements about USANA to the media
Minkow, not one to take things lying down or miss a chance to keep his name in the papers, responded with the following (via BloggingStocks):
We disclosed to 4 law enforcement agencies in writing back in February when we submitted the report our put option positions and we also disclosed our put option positions to Usana directly as well as the Wall Street Journal. Meaning we made full disclosure up front.

We have never charged a victim of fraud a fee to uncover their case nor are we paid by the government. However, this case involved so much time and effort and lab reports and experts that we had to off set these expenses. But it means nothing if our information is wrong.

The Wall Street Journal does not print a thing if they do not first corroborate everything we write -- and they did for several weeks. I can short any company I want to and if they are legit, they will Bury me with reasoned answers. Usana cannot, so they attack the person and ignore the arguments.
See the full BloggingStocks post for a link to the full Fraud Discovery Institute report on Usana.

The SEC recently began an informal investigation of Usana. Usana President, David Wentz said of the SEC probe, "We believe that this is a routine inquiry made in response to a series of false and defamatory statements about our company that have appeared on the Internet and in the mass media."

More here on Usana, Minkow and the SEC
.

-- MDT

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Pensions & Investments Online Relaunch
If you haven't been there is a while, take a look at the new Pensions & Investments Online. Very slick site, with scads of great content. Many features remain behind a subscriber-only wall, but there is plenty in the way of free resources to keep you coming back daily. And did I mention it looks great?

-- MDT

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3/21/2007
Aberdeen Asset Management Settles on Stock Split Case
Aberdeen Asset Management paid out nearly $100 million late last week to settle allegations of relating to the split capital investment trust scandal that rocked UK markets early in this decade.

The action against Aberdeen began back in 2005 was brought by Real Estate Opportunities., a split trust formerly managed by Aberdeen. The decision to settle followed a favorable court ruling for REO, which would have given the plaintiff access to Aberdeen records it has been seeking.

Further details on the Aberdeen settlement, here, via the Times Online.

-- MDT

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Chiquita Banana Funds Terrorists (For Protection)... CEO Implicated
Seriously? Say it ain't so.

-- MDT

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Blowback - What You Don't Want as An Investigator...
Is to end up in the news while gathering data...

-- MDT

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The Candid Private Investigator
Here's a blog I've been meaning to mention for a while now - Patrick Baird's Candid Private Investigator.

Patrick, the patriarch of a1PeopleSearch.com, covers the P.I. beat from how to catch cheating spouses to national regulatory issues.

Worth a regular look if you are interested in the investigative industry.

-- MDT

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3/20/2007
Jabre Capital Partners Scores Another Aquisition
This time it is Mark Cecil, who worked with Mr Jabre for a decade at the firm where Jabre made his name (and briefly lost it too), GLG Partners. Cecil will be a partner with Jabre Capital and previously served as head of marketing for GLG.

-- MDT

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The Conglomerate Covers Georgetown Business Ethics Institute
Interesting comments on corporate criminality from a variety of legal and academic hotshots, who put on a show courtesy of the Georgetown Business Ethics Institute and Georgetown Law Center.

Check out coverage of the event via one of my favorite blogs - The Conglomerate. And for further details on what went on, try the GBEI homepage.

-- MDT

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British Government Under Increasing Pressure to Explain Dropped BAE Bribery Probe
The Organization for Economic Co-operation and Development is applying substantial pressure to the British government over the dropped investigation of alleged bribes paid by defense contractor, BAE Systems to Saudi Arabian officials in order to secure a lucrative $7.7 billion arms contract - the largest in British history. The OECD view the British action (or in-action) as a heavy blow to the international anti-corruption regime, and promised their own review of the British investigation to take place later this year:
An OECD working group said that previous recommendations to correct shortcomings in British law remained unimplemented, and it said that an OECD team would be sent within one year to take another look at Britain's anti-bribery efforts.

"Is there somewhere a systemic problem?" said Mark Pieth, who heads the OECD group and is also a professor of criminal law at the University of Basel in Switzerland. "Is there something that is blocking them? We want to go and have a look."

Pieth noted that Britain had failed to bring a single prosecution in foreign bribery cases since introducing a new law in 2001, despite a number of investigations. Pieth added that the continuation of the process gave Britain a chance to show that it was serious about stamping out corruption.
More on the BAE scandal, here.

-- MDT

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Milberg Loses Class on Organogenesis Action
Milberg Weiss recently lost out on their bid to receive class certification for a potential action against Masschusetts-based artificial skin maker, Organogenesis. Well, you win some, you lose some. But if you think this has nothing to do with the pending indictment against the firm, you'd be wrong. It looks like the once-powerhouse securities firm is going to be ice-skating uphill for the foreseeable future. From the Boston Business Journal:
One of the indicted partners, Steven Schulman, signed the amended complaint in the Organogeneis case, though the firm contended that he was no longer litigating it, an assertion that U.S. District Court Judge Joseph Tauro found "disturbing." Tauro also noted Milberg Weiss' "repeated failure" to oversee the class certification process.

Tauro noted that the firm and its partners were entitled to a presumption of innoncence, and that the firm "has a respectable record and reputation for litigating securities class actions." But he also wrote, "The court cannot ignore the fact that by virtue of the indictment, Milberg Weiss is a different firm than it once was... The indictment alone is not enough to cancel out the firm's respected history, but it is enough to make this court look carefully at lead counsel's adequacy in this case."

The judge also concluded that one of the named plaintiffs did not have standing because he did not suffer harm, and the other plaintiff couldn't serve as a suitable representative for the class because of the timing of his stock ownership.
More on the Milberg snub here.

-- MDT

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3/19/2007
Siemens Shockwaves.... German Companies Tighten Up
Via the FT's Alphaville...but if you want the full story, you'll have to subscribe.

Also, in case you missed it, as I did, two Siemens managers have admitted to making payments - not bribes, mind you (apparently there is a distinction in the original German).

Horst Vigener and Andreas Kley, the managers in question, have pointed out, in their defense, that German law did not at the time the payments took place, only prohibited the bribing of public officials. The Italian utility, whose executives received their payments, had been thoroughly privatized.

Umm...touche...

Still, the two men have been charged with Breach of Trust, which indicates the misuse of institutional funds, if not personal enrichment and the Siemens trial has followed their web of bribes around the world - from Italy to Dubai, Abu Dhabi and Monaco.

For further details on Vigener and Kley and the ongoing consequences for Siemens, check out this article from the IHT.

In semi-related news, senior VP and chief financial officer Eric Yu of former Siemens partner, BenQ has been detained by authorities regarding insider trading allegations. Yu and 13 other BenQ execs are thought to have been involved in the scheme. More on the BenQ angle, here.

--MDT

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Integrity of IBES Database Challenged
Three university professors Felicia Marston of the University of Virginia, Christopher Malloy of London Business School, and Alexander Ljungqvist of New York University have called into question the integrity of a key resources for investors, Thomson Financial's IBES system. IBES, or Institutional Brokers' Estimate System, compiles estimates made by stock analysts and allows investors a central repository to review these estimates for a particular stock.

The issue with IBES, according to our three academics, involves unexplained retroactive changes to the data held in the system. In a paper published last month they noted four types of alterations that raise questions about the integrity of IBES's data, including: the removal of analyst names from past recommendations, the changing of recommendations from buy to hold, as well as after-the-fact additions to the system and wholesale deletions.

Did Thompson mishandle the data or did Marston, Malloy and Ljungqvist simple error in their analysis...check out this Slate article for further details on the now-controversial IBES System.

-- MDT

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3/16/2007
California Drops Criminal Charges Against HP's Patricia Dunn.
Talk about a lot of sound and fury signifying nothing... The California AG, who was full of tough talk only a few months back when it came to the HP pretexting scandal, has dropped criminal charges against HP's former Chairman, Patrician Dunn.

They've also reached plea agreements with her co-defendants (former ethics chief Kevin Hunsaker and private investigators Ronald DeLia and Matthew DePante) basically amounting to restitution and community service.

Still, Federal pursuit of prosecution is not entirely out of the question. To date only PI. Bryan Wagner has so far faced federal felony charges. He previously plead guilty to both identity theft and conspiracy.

-- MDT

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Coverage of the Joe Nacchio trial at The Race to the Bottom
The Daily Caveat mentioned this blog last week as one to watch...well start watching, because starting Monday they'll be providing daily coverage of the Joe Nacchio trial. Nacchio, the former quest head honcho, was indicted back in December 2005 on 42 counts of insider trading, having sloughed off more than $100 million in Quest stock when he knew the company was about to tank. Nice. Real nice.

Take a swing over the TheRacetoTheBottom.org on Monday and see what its all about.

-- MDT

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3/15/2007
Add this one to Your Reading List - The Spy Who Billed Me
The Spy Who Billed Me is definitely a blog to watch. Its content sits at the nexus of international politics and the private investigative community. Many investigative firms (although none that I've been affiliated with) have a decidedly geopolitical bent, focusing on security, threat assessment and other issues of significance to corporate and government clients alike. This is the regular beat for RJ Hillhouse, who according to her bio:
...has run Cuban rum between East and West Berlin, smuggled jewels from the Soviet Union and slipped through some of the world’s tightest borders. From Uzbekistan to Romania, she's been followed, held at gunpoint and interrogated. Foreign governments and others have pitched her for recruitment as a spy...
She's also a novelist (international thrillers, of course) and Fulbright scholar with a doctorate in Political Science from the University of Michigan, with a particular interest in the investigative industry -- or as she might prefer it --the Rent a Spy industry...

The Spy Who Billed Me....give it a look.

-- MDT

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3/14/2007
Feds Failing on FOIA Mandate
So says the National Security Archive at George Washington University. The 1996 Electronic Freedom of Information Act Amendments bill gave a ten year window for Federal agencies to meet certain standards for transparency, the majority of which are doing an rather underwhelming job of meeting.

The NSA's audit of the websites of 91 Federal agencies that have Chief FOIA officers, conducted in cooperation with The Knight Open Government Survey, produced several key findings:
  • Only one in five federal agencies (21 percent) posts on the Web all four categories of records that the law specifically requires
  • Only one in 16 agencies (6 percent) posts all ten elements of essential FOIA guidance
  • Only 36 percent of agencies provide the required indexes of records
  • Only 26 percent of agencies provide online forms for submitting FOIA requests
  • Many agency Web links are missing or just wrong
The NSA report provides a list of agency standouts - both positive and negative. You can check out their run down of "E-Stars" and "E-Delinquents" here.

I realize FOIA news is not exactly as sexy as the latest hedge fund blowup or executive scandal, but access to public records is the lifeblood of all investigative work. Moreover, the capacity for FOIA - to review the actions and records of our government - is one of the core freedoms we have as Americans and a crucial oversight mechanism for the maintenance of our democracy.

The E-FOIA failings are simply one front in a larger conflict over the right to essential evidence. We can never expect perfect availability of information, but the last decade has brought a tenor of increasing restriction of citizen access to government documents - something we've written about repeatedly in this space.

Read more on FOIA's ignored mandate via Information Week. Or, check out the full GWU audit report, File Not Found.

-- MDT

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International Outsourcing Services Faces Fraud Charges
A Federal grand jury in Wisconsin has returned a 25-count indictment against International Outsourcing Solutions, along with 12 individuals charging the group with with a conspiracy to defraud IOS's manufacturer customers.

IOS is the largest coupon clearinghouse for grocery store retailers and manufacturer coupons in the U.S. If you've clipped coupons from your Sunday paper, you know IOS. What you probably didn't know is that coupons are a billion dollar industry.

The Indictment charges that the defendants participated in a multi-million dollar fraud that victimized five Wisconsin companies as well as other companies located throughout the country," said United States Attorney Biskupic.

This IOS indictment alleges that between 1997 and 2006, nine of IOS employees and and two associates of coupon brokerage, Riya Coupon Services, participated in a scheme to submit fraudulent coupons to manufacturers for payment, a $25 million swindle.

Read more on the IOS indictment via the Muncie Free Press, which names all eleven of the indicted folks... See also the FBI press release, from which the MFP article is largely drawn. IOS has responded to the suit, here, on their website.

-- MDT

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Peregrine Systems CEO Pleads Guilty
Stephen Parker Gardner, former CEO of Peregrine Systems has plead guilty to conspiracy, securities fraud and obstruction of justice. The charges arose in relation to a 2004 indictment charging Gardner and several other Peregrine execs with accounting fraud, specifically backdating contracts and improperly recognizing revenue. Further details on the Gardner plea via the LA Times.

-- MDT

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3/13/2007
Harpers Digs in on HP Kona II Pretexting Docs
From Harpers's January issue...just snippits but worth revisiting.

Always be careful what you put in an email, Mr. Hunsaker (HP's "I shouldn't have asked" ethics director).

Hat tip to The Consumerist.

-- MDT

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Nortel Execs Face Fraud Charges
Both U.S. and Canadian regulators have filed charges against a group of former Nortel executives over illegal activities that included lying to investors and reporting false numbers to the SEC. Canada's Ontario Securities Commission and the U.S. SEC are alleging that former Nortel execs conspired to "fix" earnings between 2000 and 2004.

Amongst the group facing charges are former chief executive Frank Dunn, former finance chief Douglas Beatty, and former controller Michael Gollogly. Former controller MaryAnne Pahapill also faces charges from the SEC. Further details on the Nortel charges here, via the FT.

-- MDT

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3/12/2007
Delay of Game
Daily Caveat HQ is currently experiencing a familial invasion from the Garden State. This will delay new posts until later in the day, so check back.

-- MDT
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HP Stock Option Investigation Moves Forward
The HP pretexting debacle is barely cold but the maker of those printer cartridges that always seem to fail on nice round page numbers has another problem on the horizon, and a familiar one at that. HP has received notice from the U.S. senate, which is seeking the company's help in gaining a deeper understanding of Mercury Interactive's stock option irregularities. HP knew about MI's backdating issues when it purchased the company back in July 2006 but assured investors it was no big deal. Click here for more on HP's legal outlook.

-- MDT

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3/09/2007
Govt. Accountability Project Questions Relationship of Investigative Firm to Oversite Group
World Bank majordomo, Paul Wolfowitz has appointed Paul Volker, former Federal Reserve Chair and St. George of stagflation, to lead a review of the World Bank's Department of Institutional Integrity (INT).

However representatives from the nonproft Government Accountability Project have raised questions about certain INT staff, their history with Volker and their relationship to investigative firm, Diligence, LLC:

Specifically, GAP has learned that Board members and staff are concerned about the connection between Glenn Ware, a Senior Advisor on fraud and corruption at INT, and Diligence LLC, a private firm...

[GAP contends that]...A proper review of INT's practices would involve a probe into Ware's move from the World Bank to Diligence in 2005, and Diligence acquiring an INT contract within sixty days of Ware becoming an employee there.

Adding to that, Ware has since rejoined INT and Diligence has four investigators who worked with Volcker on an independent corruption inquiry into the U.N. oil-for-food program. These four employees also worked for INT earlier.

GAP International Program Director Bea Edwards stated, "Because of his own connections with these Diligence personnel, Volcker cannot impartially evaluate the company's relationship to INT."

To be clear, GAP has not made any explicit allegations of impropriety, but rather seems be suggesting an inquiry to rule out the existence or appearance of funny business. They do point out that the World Bank:
...is undertaking this putatively independent review because the Board of Directors, representing the Bank’s shareholder governments, mandated this step in 2006 as a result of complaints about improper activities by INT personnel.
You can read more on the Government Accountability Project's concerns via All HeadlineNews or you can read the GAP press release.

-- MDT

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3/08/2007
Time Magazine Says More Charges Coming in Insider Trading Probe
In a recent statement to Time Magazine, SEC spokesman Scott Friestad indicated that several more individuals would likely face charges as the SEC continues its investigation over the next few months. Friestad also offered this background on how the insider trading scam that has so far felled 14 individuals - some from major New York banking institutions (UBS, Banc of America, Bear Stearns, Morgan Stanley), came to light:
"The investigation began as routine probe of suspicious high-volume trading prior to the acquisition of Catellas Development," said Friestad. The probe led to Eric Franklin, a hedge fund manager for Q Capital Investment Partners, LP, a Delaware limited partnership with offices in Fort Lee, N.J. "We linked those trades to Mr. Franklin and obtained trading records for Q Capital, and Mr. Franklin's own records for his personal account, and noticed that what they had in common was Morgan Stanley as the investment banker. We also noticed that a lot of the trading preceded upgrades and downgrades issued by UBS [Union Bank of Switzerland] and then the whole scheme began to unravel."
Read more on the insider trading investigation at Time Magazine. And for a run down of the 14 indicted so far, check out this Daily Caveat post from last week.

-- MDT

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Anchor Point Hedge Fund Manager Sets Up Mistress for Abducted, Raped
Albert Hsu, co-founder hedge fund Anchor Point Capital LLC, Connecticutt placed a personal add in a local paper, posing as his mistress, soliciting for a stranger to abduct and rape her as a part of a sexual fantasy. Honest kink? Not hardly.

Email exchanges between Hsu and a would-be attacker revealed to police indicated that Hsu's motive was hatred not...well...whatever the other less illegal but still creepy one would be. Fearing for the life of Hsu's mistress, the police intervened, arresting Hsu on charges of attempted kidnapping and attempted sexual assault, along with other charges.

More on Albert Hsu's arrest at The Boston Herald.

-- MDT

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3/07/2007
United Health Group to Restate $1.5 Billion
United Health disclosed last year that they would have some 'splainin to do regarding their stock options grants. The announcement was accompanied by the resignation of CEO, William McGuire. While and SEC investigation is still pending, the company has adjusted its accounting to correct the price of the questionably dated options, effectively eliminating the backdating. Further details here on United Health Group's restatement.

-- MDT

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3/06/2007
Reading List: Race to the Bottom
As you might have noticed, I've been catching up on my blog reading recently. Another new-to-me site that might be of interest to regular readers of this space is theracetothebottom.org. Great looking blog with great content as well. The site is run by University of Denver College of Law professor, J. Robert Brown, Jr. with contributions from his students. Great stuff.

-- MDT

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Lerach Rebuffed on Lead Counsel Slot for Comverse Class Action
Now don't go reading anything into this... Eastern District Judge Nicholas G. Garaufi simply observed that Lerach Coughlin's client, the Plumbers and Pipefitters National Pension Fund did not have the largest financial interest in the pending securities class action against telecom co., Comverse (who provided us a few months of blog-fodder when its CEO, Kobi Alexander turned fugitive).

Instead, Judge Garaufi granted lead counsel status to Pomerantz Haudek Block Grossman & Gross, which is representing Menorah Group, which was determined by the court to have suffered the greatest losses.

-- MDT

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RIM Busted on Backdating - Will Restate $250 Million
Research in Motion, maker of the ever-popular B(c)rackberry line of hand-helds saw its co-chief executive, Jim Balsillie, resign from his position yesterday when the company went public with an acknowledgment that RIM had made some very expensive errors when it comes to properly accounting for its stock options grants.

Balsillie will not leave the company, however. He'll remain and retain all other titles and executive privileges. RIM will end up restating earnings from 2004 through the first quarter of '07. Balsillie along with company co-Founder Mike Lazaridis will both kick in millions of their own personal cash to help make-up the shortfall.

-- MDT

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3/05/2007
NYSE's John Thain Denies SEC Investigation
John Thain, CEO of the New York Stock Exchange has thus far denied reports of an SEC investigation into trading glitches occurring on the exchange. In the process, Thain also denied rumors of his imminent departure from the NYSE. Reportedly, the SEC has concerns over the ability of the Exchange's new electronic trading system to handle the strain of heavy trading, such as the recent selloff.

More on Thain and the NYSE from Reuters.

-- MDT

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Simon Archer - One You Should Be Reading
Simon Archer's blog at Simonarcher.ca is well worth bookmarking. He promises (and delivers) corporate law, theory and policy in critical context.

And couldn't we all with a bit more of that...

-- MDT

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3/02/2007
Thirteen (Make that 14) Indicted in Break-up of Insider Trading Ring
Authorities announced late this week that they had broken up and apprehended a criminal ring that worked with Morgan Stanley and Co. and UBS Securities LLC employees to obtain insider information. Over the last five years, this small group had accumulated millions in ill-gotten gains through hundreds of illegal tips and trades.

Also amongst those named was a Banc of America Securities LLC broker who supposedly accepted kickbacks from the group and two formers of Bear Stearns & Co. who apparently received inside info from UBS. A whole passel of charges have been filed and this is being called the largest insider trading scheme in many years (or at least since April).

The 14 Wall-Streeters pinched (so far) in the probe include:
  • Mitchel Guttenberg, executive director at UBS.
  • David Tavdy, proprietary trader at Andover Brokerage.
  • Paul Risoli, broker at Banc of America.
  • Erik R. Franklin, hedge fund manager at Bear Stearns.
  • Randi Collotta, associate at Morgan Stanley's.
  • Christopher Collotta, private practice attorney.
  • Marc Jurman, representative at a Florida broker-dealer
  • Ken Okada, Bear Stearns
  • Robert Babcock, Bear Stearns
  • Andrew Srebnik, Bear Stearns
  • Mark Lenowitz, Chelsea Capital
  • David Glass, Jasper Capital
  • Laurence McKeever, Assent LLC
  • Samuel Childs, Assent LLC
SEC Chairman Christopher Cox said of the case, "Our action today is one of several that will make very clear the SEC is targeting hedge-fund insider trading as a top priority." In other words...stay tuned...

For further details on the scheme and what sort of time these unlucky 14 are facing, check out the latest from Bloomberg.

-- MDT

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3/01/2007
UK Business Community Headed For Its Own Enron Style Meltdowns?
So says Peter Wyman, head of professional affairs at Pricewaterhouse Coopers, UK. In a recent interview, Wyman called existing company audit procedures inadequate and states that executives could indeed be using loopholes in the existing law to thwart regulation:
“At the level of an Enron or a WorldCom, I am pretty confident that the auditors would stumble across it in two or three years, but one would have no real confidence that they would come across it in year one unless they were incredibly lucky or the management made a mistake. The audit is simply not designed to deal with that.”
Read the rest of the Wyman interview via The Business. For more, check out his column from the CPA Journal.

-- MDT

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