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Previous Posts Archives
7/31/2007
Things I've Been Meaning to Tell You
There are plenty of stories The Daily Caveat doesn't get the chance to write about. There isn't enough time in the day for all the shenanigans, scullduggery and schaedenfreud one finds in the daily business and legal news.

Given that, here are some things I've been meaning to tell you, and if I don't do it now, they are likely to slip all the way off the radar:
Whew... I feel better. And I hope you do too. Now - on to the new news.

-- MDT

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7/30/2007
The Siemens Investigation Turns Up Even More Payments
...significantly in excess of the $575 million previously reported. Meanwhile, Debevoise & Plimpton, the law firm Siemens hired to investigate itself has apparently complained to the Siemens supervisory board regarding the company's failure to cooperate.

-- MDT

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Quest's Nacchio Faces Fine, Jail Time
Quest's former CEO, Joe Nacchio, was sentenced on Friday in connection with his sell-off of $52 million in Quest stock while not disclosing to his companies investors that rough times were ahead. For what the judge in the case called "crimes of overarching greed" Nacchio was sentenced to six years in prison. He was also ordered to forfeit the $52 million within 15 days along with a $19 million fine. Still ahead for Nacchio is a civil suit against Quest executives that is scheduled to get going in 2009.

-- MDT

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7/27/2007
Quest's Nacchio Sentenced Today
And we'll be watching closely...not as closely though as the White Collar Crime Prof Blog's Peter Henning. You can read his comments here, with more sure to come.

-- MDT

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FBI Director Talks White Collar Crime
The WSJ covers Robert S. Mueller's comments before the House Judiciary Committee, defining the FBI's current priorities. White collar crime...high on the list.

-- MDT

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7/26/2007
Broadcom and Chairman May Face SEC Charges
The SEC has been nosing around semiconductor, Broadcom for some time in relation to stock options irregularities, but now it seems charges against the company and chairman Dr. Henry Samueli. Both have received Wells Notices, these little love notes being common sign that the SEC is oiling up the shackles... Further details at CFO.com.

-- MDT

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7/25/2007
Update onf Defense Filings in the Milberg Kickback Indictment
The New York Sun has details.

-- MDT

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Hedge Fund Manager Pleads Guilty to Insider Trading
In the continued fallout from Wallstreet's insider trading scandal du jour, Mark Lenowitz, a former investment manager at Chelsey Capital and Q Capital Investment Partners admitted on Tuesday to trading on insider information he obtained from UBS analysts. Lenowitz plead guilty to one charge of conspiracy and one charge of securities fraud. Also among the thirteen (fourteen?) indicted are former employees of UBS, Banc of America, Bear Stearns, Morgan Stanley and several other firms. For the full line-up, click here. And for more on Mr. Lenowitz's guilty plea, try this Reuters article.

-- MDT

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7/24/2007
Mid-Week Weekender - Paul Sanchez Plays at Iota in Arlington, VA
I don't normally diverge too much from the standard topics here at The Daily Caveat. You loyal band of readers don't come here every day to bother with my politics or my various obsessions (books, coffee, movies, etc.). I do not make you suffer through pictures of my cats (although I did post some of Kirby - sue me!).

However, all that said, if you'll indulge me (and maybe even indulge yourself a bit)... If you're in the DC area I highly recommend taking in a show tonight at the ever-reliable, Iota in Arlington VA. The performer in question would be Paul Sanchez, former guitarist for Cowboy Mouth. Sanchez is one of my favorite songwriters and his recent return to solo touring is more than welcome.

Paul is a New Orleans institution and odds are you've heard his stuff somewhere along the way without even knowing it. He and his wife, Shelly lost everything in Hurricane Katrina and have spent the last year picking up the pieces and getting on with things. Part of that getting on was leaving Cowboy Mouth, his band of almost two decades to pursue his own musical agenda.

If you've got the time, you could do worse that to get yourself to this gig...If you want to sample some tracks before committing yourself, the always fantastic EMUSIC.com has you covered.

-- MDT

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Whole Foods CEO Apologizes for Online Antics
I imagine you've been paying at least minor attention to this particular non-story...that of Whole Foods CEO, John Mackey talking trash on Yahoo message boards. Well, Mackey, who trash-talked his way into a potential SEC investigation, has apologized.

The funny thing is, in my early days working on cases, I spent plenty of time digging through the Yahoo stock boards looking for just this sort of insider activity. Never came across anything quite this interesting, though...

Here's a link to Mackey's mea culpa over at WholeFoods.com.

Via WallStreetFolly (a blog you should be checking out).

-- MDT

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7/23/2007
Execs on the Run, Law Enforcement Struggles With High Level White Collar Prosecutions
Deal or fight? Traditionally these are the two options available to high-profile white collar criminals. Increasingly though, a third option has presented itself - run like hell. Let's face it, what would you do if you were an international bon vivant with more money than god who was looking down the barrel of a 20 year prison sentence?

If you're a second tier player, you probably just strike a deal and turn in your boss. But what if you are the boss (and you didn't happy to provide the current president with his campaign jet)? You might just decide that (insert non-extradition treaty country) is supposed to be really beautiful this time of year, rather than make your court date.

Take the case in point of Michael Berger, a hedge fund manager wanted since 2000, who ran out on an 87 month prison sentence and who only recently found himself back in the warm bosom of international law enforcement.

-- MDT

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Presidential Candidate Bill Richardson Has a P.I. on the Payroll
Hate to unscoop the Huffington Post, but Pres. candidate, Bill Richardson's PI on the payroll was reported a month ago in the Free New Mexican.

Now the HuffPo is calling it fairly unusual for a presidential campaign to hire a PI for research? Really? I thought that was de rigeur in this day and age:

The P.I. in question is Michael Corwin of New Mexico-based Corwin Research & Investigations. Here's a blurb on Mr. Corwin from his University of New Mexico lecturing bio:
Michael Corwin, a licensed Private Investigator, has been conducting civil and criminal investigations since 1988. He operates the firm of Corwin Research & Investigators, LLC in Albuquerque, New Mexico. Corwin is the author of the book, Training Manual on Private Investigation. He has been a featured speaker at conferences and seminars. Corwin’s cases have been featured in the local and national media, including an Edward R. Murrow award-winning Dateline NBC episode.
Sounds like a helluva guy.

-- MDT

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Refco...The Gift that Keeps on Giving (Potential Indictments)
Refco's bankruptcy examiner is lobbing allegations of impropriety at Joseph Collins of Mayer Brown Rowe & Maw, a Chicago-area law firm. Collins had for many years served as a close confidant of Refco management and, although his firm faced the ire of Refco investors after being I.D.ed as reviewing Refco's books, Collins himself had thus far stayed somewhat above the fracas. In a 400+ page report, culled from millions of pages of billing records, Refco's bankruptcy examiner concluded that Collins "knew or should have known" about that fraud and financial illegalities that led to Refco's failure.

Get further details on the report, and Mayer Brown's response via the Chicago Tribune
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-- MDT

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UK Takes on Corporate Negligence
If you company kills people, you may have to pay to advertise the fact, according to proposed legislation...

-- MDT

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7/20/2007
Swiss Prosecutors Lock Up Siemens Assets
More than $83 million has been cut off from Siemens by Swiss investigators as they continue their multinational probe of corrupt business practices at the German electronics giant. Concurrent investigations continue apace in Italy, Germany and the U.S.

-- MDT

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Investigator Looking for a Gig? First Advantage is Hiring...
Looks like surveillance to me...

-- MDT

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7/18/2007
Motion(s) on the Milberg Indictment
Several defendants in the Milberg kickback case have filed motions challenging the legitimacy of the charges against them, most particularly those charges relating to "honest services fraud." Federal prosecutors have just filed their first response to these dismissal motions. As you might imagine, they intend for the charges to stick. Details at Law.com.

-- MDT

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Government Touts Conviction Record on Corrupt Execs
Following a decision by a U.S. District court to toss out a case against 13 former KPMG executives, the Justice Department has made an effort to tout its conviction record. At the same time embattled US AG Alberto Gonzales was decrying the KPMG verdict, DOJ number two, Deputy Attorney General Paul McNulty was attemoting to focus attention on the Department's 1,236 convictions in corporate fraud cases since 2002. Click on through to this IHT article for further details on the KPMG verdict as well as for further comment from the DOJ on life after Enron.

-- MDT

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Standing Up for Sarbanes Oxley
It is Larry Ribstein week here at The Daily Caveat. Scroll down a few posts and you'll see a link to details of Ideoblog author, Ribstein's upcoming paper questioning the legitimacy of the ongoing prosecution of class action firm, Milberg Weiss on racketeering charges (strange bedfellows, indeed).

Just by accident (thank you Fintag), today, I ran across an article well worth reading in which author Heidi Moore namechecks Ribstein, an avowed (like really avowed) opponent of Sarbanes Oxley. Moore's article is a detailed defense of the controversial SOX act. Moore endeavors to puncture many of the common criticism of SOX. Does she succeed? Decide for yourself.

-- MDT

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7/17/2007
The Hill Covers DC's Corporate Investigators
All too often when the new media writes about investigators, they limit their scope to the gumshoe variety (case in point, this Washington Post Express article from a few days ago) with all the typical cultural references in tow.

Nothing wrong with that, per say. After all, these are the types of private eyes that have captured the popular imagination in dime store pulp novels and classic films (my wife is currently going through a serious Magnum, P.I. phase, if you must know). There is, however, another realm of investigation that seldom gets much attention - that of the corporate P.I.

A recent article from The Hill balances the playing field a bit. While not delving too deeply into the nuts and bolts of an industry that occasionally finds itself under unwelcome scrutiny (pretexting, anyone?), the article nonetheless offers some interesting anecdotes on the breadth of work conducted by DC-area corporate investigators.

Kudos to Kevin Bogardus and The Hill for a great read that offers potential clients exposure to a number of local firms. I am proud to say that featured amongst the investigators metioned in the article are many folks whose work I know and can recommend, in particular Anthony Sartori, my former partner and now the main man at Caveat Research.

Get the full story via The Hill.

-- MDT

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In Defense of Milberg Weiss
Now there's a topic you don't see in the papers everyday... Noose tightening seems to be the general approach. However, some folks are stepping up to at least entertain the notion that perhaps these trumped up, politically motivated charges against the firm deserve further interogration.

Ideoblog's Larry Ribstein is just such a fellow. Check out the WSJ's Law Blog for details on an upcoming paper from Ribstein and George Mason professor Bruce Kobayashi that looks to interrogate the government's case against Milberg. And if you're not reading Larry's blog on a regular basis, well, you should be.

-- MDT

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7/16/2007
Investigative Firm Implicted in Web Smear Campaign, Sued for Libel
Global Options, a DC-Based investigative firm, is facing charges that it created a number of libelous websites in an attempt to defame the reputation of the Maqsudi family, which owns New Jersey-based ROZ Trading.

Why would a self-advertised CIA whose advisory board includes such luminaries as James Woolsey and William Sessions commit such acts? According to counsel for the Maqsudis, the websites were created at the behest of Zeromax, GmbH, a Global Options client and are a part of a long running domestic feud.

Zeromax is purported to have extensive business ties to Gulnora Karimova, harvard grad, black belt, pop starlet (??) and daughter of daughter of Uzbekistan's hard-handed President, Islom Karimov. The Maqsudis alledge that the websites are being used as an attempt to punish Mansur Maqsudi who had the misfortune to have divorced Gulnora.

The charges against Global Options go beyond libel - so far as to say that the company's former CEO, Neil Livingstone actually passed on death threats to the Maqsudi family unless they dropped a pending lawsuit against Zeromax.

You can check out further details of the pending litigation and find out how the Coca-Cola company gets involved in all of this by checking out the press release from Crowell & Moring LLP.

-- MDT

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7/12/2007
Hammer Drops on National Century
With a new, revised indictment in play, things are looking increasingly bad for the eight former executives of National Century. Bumping up the 27 charges in the initial indictment to a round count of 60, a Columbus, Ohio grand jury things are looking increasingly dark. Before you feel too terribly bad for these folks, keep in mind that the FBI calls National Century the largest corporate fraud case involving a private company that they have ever investigated.

Further details via the Columbus Business Journal.

-- MDT

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LA TImes Recaps the Milberg Investigation
Missed a few details along the way? The LA Times has you covered, courtesy The China Standard. Of course, all you need to do is hit some of the tags below for The Daily Caveat to get you caught all the way up.

-- MDT

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7/11/2007
Bershad Guilty Plea... Supporting Docs
Fortune's Legal Pad has links out to the David Bershad plea agreement, along with a statement of fact and other supporting information. Go read it. I'll wait. Done?

Great, now go check out Parloff's follow-up post. Hot water, getting hotter - all around.

-- MDT

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It Ain't Easy Being Citigroup, or How to Subvert a Corporate Ethics Regime Without Really Trying
Typical interesting content from the Ethical Corporation - in this case, an excerpt from Avinash Persaud and John Plender's All You Need to Know About Ethics and Finance.

Wanna read the whole thing...get it here.

-- MDT

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U.S. Regultors Ramping Up Prosecution of Foreign Firms
A recent Kroll report, cited in the FT shows a trend of the U.S. Department of Justice going after an increasingly broad array of foreign firms based on corrupt business practices. The traditional real of these probes would be oil companies, defense contrractors and the like, but the field of pursuit has widened considerably over the period from 2000 to 2006 to include telecom companies, pharmaceutical and consumer products manufacturers. Check out Kroll's press release and take a look at the full Kroll report right here.

-- MDT

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How KPMG Dodged Prosecution on the Enron Fraud
Take it back to June 2005. KPMG executives meet with federal prosecutors in an attempt to avoide the fate that befell former big five accounting firm Arthur Anderson. With the outcome uncertain and the future of the firm in the balance it is hard to understate the importance of the negotiations. Due to notes from those meetings recently made public, we now have a ringside seat to how things went down. The notes, taken by KPMG attorney, Joseph Barloon of Skadden Arps reveal the strategies that aided KPMG in striking a deal with prosecutors.

Get further details at The Ledger.

-- MDT

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7/10/2007
Milberg's David Bershad Pleads Guilty on Kickback Charges
Formerly a name partner at embattled plaintiff firm, Milberg Weiss, David Bershad has plead guilty on conspiracy charges stemming from the Justice Department's seven year long investigation into business practices at his former firm.

Word on the street for the last few weeks had been that Bershad had started dealing and that a plea deal was imminent. Coincidentally or not, this talk of a Bershad cutting a plea occurred simultaneously with the leak about Bill Lerach's planned retirement.

Whatever the other undisclosed terms of Bershad's deal might be, we know that Bershad will forfeit $7.5 million, pay a $250,000 fine and - most importantly - cooperate with prosecutors in their ongoing investigation.

The Feds are still working on landing the big fish - Bill Lerach and Melvyn Weiss. This move by Bershad definitely puts the hooks a bit closer than they were just a week ago.

-- MDT

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7/06/2007
Simpson Capital Management Busted on After Hours Trading
Hasn't been a great couple of weeks for hedge funds. Add late trading Simpson Capital Management to the list, along with owner Robert Simpson and head trader, John Dowling. They'll all be answering questions downtown.

-- MDT

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Economan Breaks Down, Hedge Fund Ponzi Scheme Probed
Albert E. Parish is the Economan. His website is a must-see. He's also the target of a government investigation into his financial management practices, which ended up costing his clients millions. Parish's assets are currently at auction in an attempt to make back some of the money he lost. You can view the items here.

-- MDT

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Anonymous Anonymoussaid...
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HBS Sued on Hedge Fund Quid Pro Quo, Chief Exec Ousted
Swiss banking giant UBS is in hot water over its hedge fund hotelery. Recently sued for “dishonest and unethical” practices in dealings with hedge fund advisers by regulators in Massachusetts, UBS is facing intense scrutiny over the perks it provided to hedge fund managers.

UBS is accused of engaging in some righteous quid pro quo in an effort to keep managers' business and catch up to rivals Goldman Sachs and Morgan Stanley in the $8 billion dollar hedge fund brokerage fee sweepstakes. UBS had previously been forced to shut down its own in-house fund, Dillon Read Capital Management, after it suffered catastrophic losses in the sub prime mortgage industry.

In a surprise statement today, the UBS board announced that it is dumping its chief executive, Peter Wuffli. One has to imagine that the aforementioned travails had something to do with the board's lack of confidence in him.

-- MDT

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Milberg's Schulman Continues to Battle Charges Against Him
Steven Schulman, one of the former Milberg Weiss partners facing charges in the ongoing probe of the firm, continues to pursue the dismissal of charges against him. While his former firm talks plea deal, Schulman has expanded his motion seeking a dismissal of charges against him.

His most recent filing addresses the charge of "honest services fraud" arguing that the government's definition is vague and arbitrary. Schulman is also attempting to pick apart the charges of mail fraud and failure to perform his fiduciary duty. Whether he's successful, we'll know in time.

Law.com has further details on Schulman's legal maneuverings.

-- MDT

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7/05/2007
Bayou Hedge Fund Advisor Pleads Guilty to Tax Evasion
Bayou would be the hedge fund whose collapse brought questions about hedge fund transparency from the business page to the front page. The reverberations from the Bayou collapse continue, most recently with the guilty plea on tax evasion from former Bayou financial advisor Burt Kozloff. You can get a look at the terms of Kozloff's plea deal right here, courtesy of the fine folks at the U.S. Attorneys Office, Souther District of New York.

-- MDT

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KL Hedge Fund Operator Plead Guilty
Yung B. Kim one of the three principles of KL Financial, a Florida-based hedge fund plead guilty last week to bilking investors our of $195 million. Kim ran the show along with his brother, John Kim and another man, Won S. Lee. John Kim is already behind bars on a contempt of court charge. Won Lee is still at large. Sentencing for Yung Kim is scheduled for November.

More on the case from the Palm Beach Post.

-- MDT

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7/03/2007
MDL Capital Management Founder Has Trial Date Set
Hedge fund (fiend?) Mark D. Lay, who lost a whole bundle of the Ohio Bureau of Worker Compensation's money now has a trial date. Indicted by a federal grand jury just last month, Lay will face the music on September 4th, when he'll get a chance to tell his side of the "I pissed away $216 million of your money" story. And good luck to him. Further details on the trial here.

-- MDT

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FSA (Again) Warns of Insider Trading Epidemic
The UK Financial Services Authority is worried, literally, that "Gangs of organized criminals may be infiltrating the mergers and acquisitions departments of British investment banks to garner inside information on takeover bids..." So says the Times Online. For (probably more sober) commentary direct from FSA, check out this announcement as well as the FSA's Marketwatch21 newsletter.

-- MDT

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Ok, follow me here.... Chris Cooper-Hohn is a hedge fund hot-shot, known for wielding his portfolio like a flaming baseball bat at uncooperative corporate board. He's also, seemingly, a pretty good dude. Each year he donates a third of his fund's management fees to his own childrens' charity (he has a childrens' charity - see, good dude). However, and here's the catch, of the nearly half a billion dollars donated only about 10 million went back out the door as actual charity. The rest? It was reinvested in TCI, Cooper-Hohn's own investment fund... Good dude, but he doesn't miss a trick. More on Cooper-Hohn here.

--MDT

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Bear Stearns Hedge Fund Troubles Leads to Calls for Greater Transparency
Bear Stearn's year old High-Grade Structured Credit Fund turned out to be anything but - as of April 30 it was doen 23% on the year. In fact BS will have to jack up the fund by a billion and a half dollars just to keep it afloat. Hard to value assets and hard to assess strategies made the fund less than marketable. Bear Stearns "no questions" policy wasn't exactly a draw, it seems.

-- MDT

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7/02/2007
The World Bank Delving into Siemens Bribery Investigation
There is some concern from the World Bank, apparently, that some of the projects the organization sponsors may have intersected with Siemens' bribery tactics - not exactly a victory for international transparency. Forbes has details.

-- MDT

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