The Daily Caveat is written by Michael Thomas, a recovering corporate investigator in the Washington, DC-area.

CARE TO CONTRIBUTE?

TIPS, COMMENTS and QUESTIONS are always welcome (and strictly confidential).

Contact The Daily Caveat via:



Join our mailing list to new posts via email.



Or justrss icon read the feed...


Previous Posts Archives
10/31/2007
NY Daily Intelligencer Asks: Has Wall Street Gone Insane?
The answer, via a handy chart-o-graphic guide.

-- MDT
0 Comments.
Post a Comment

The Mob is Hurting
Interesting piece from the Seattle Post Intelligencer about the decline of The Mob in America.

Just to be clear to any friends of the family out there, I ain't sayin' you're ailing.

It's the SeattlePI.

-- MDT

Labels:

0 Comments.
Post a Comment

Conde Nast Portfolio Profiles P.I. Firms
Kind of an odd list (and no helpful criteria for inclusion is presented), but it is nice to see the corporate investigator types profiled in the financial media without obligatory references to Sam Spade or gumshoes:

Top Corporate Investigative Firms

-- MDT

Labels:

0 Comments.
Post a Comment
10/30/2007
Wellcare Takes a Pounding
Investigation, litigation and having your corporate offices raided by 200 FBI agents. That's a bad week at work.

-- MDT

Labels:

0 Comments.
Post a Comment

Expert Witness Development Journal
I have a bit of an interest in this world, given my past history with Round Table Group, one of the premier expert witness location firms in the world. Also, P.I.s tend to background these types on a regular basis. Could be good stuff here. Website could use some work though.

- MDT

Labels: ,

0 Comments.
Post a Comment

Lerach: Guilty
The plea is in.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
10/26/2007
BP Faces $373 Million Fine from Justice Department
Price fixing, environmental violations, exploding factories... Not a good couple of years for oil giant, BP. The nearly $400 million fine and related guilty plea on some environmental charges, will allow BP put to rest both a Federal price fixing probe as well as investigations of an Alaskan oil spill and Texas refinery explosion that left 14 dead. In addition to the fine, as a condition of their settlement, BP will also remain on probation for three years.

Got off easy if you ask me...

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

The Guardian Interviews Jules Kroll
The Kroll patriarch always gives a good interview and this is no exception. Fun family anecdote: draftig his mom to work a surveillance gig in the early days of the company. Check out the Kroll interview here.

-- MDT

Labels: ,

0 Comments.
Post a Comment
10/25/2007
If You Read One Article Today - This Should Be It
The Blow Up -- the cover story from MIT Technology Review's Nov Dec issue. Utterly fascinating stuff here. Author Brian Urstadt traces the history of quant jocks in finance, from early toilers to celebrity quants like Emanuel Derman and James Simon.

This brief history of quantitative finance begins and ends with the titular blow up of the sub-prime lending market, a derivative facilitated niche created in part, as you'll learn, through a little quant-jock-magic.

The article addresses head on the issues of why all these smart, data-driven people didn't see the crash coming and what risks we take with computer automated decision-making becoming an ever larger proportion of market trading.

So polish up on your Black Scholes, outlier events and tight coupling. It's only the economy at stake.

Highly, highly recommended reading.

- MDT

Labels: , , ,

0 Comments.
Post a Comment
10/24/2007
Are Regulators Ducking an Investigation of Intel?
Rival computer chip maker, AMD seems to think so, and they're not shy about sharing their opinion with the Associated Press.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

Hedge Funds Facing Capital Outflow
After two years of regulatory kerfluffle, market dilution and sub-par returns in the industry, this doesn't come as a total surprise. Still the hedge fundies are putting a brave face on things. Further details via Financial News Online.

-- MDT

Labels: ,

0 Comments.
Post a Comment

On Wall Street, Layoffs Abound
BloggingStocks has the numbers....

-- MDT

Labels: ,

0 Comments.
Post a Comment
10/23/2007
Recapping the Topps Meat Recall
Good piece from the NYT, covering how the Topps meat recall came to pass. Here's a hint - lax safety standards.

-- MDT

Labels: , ,

0 Comments.
Post a Comment

Top Litigation Concerns of American Business?
Labor contracts and personal injury, according to a new study from the lawfirm of Fulbright & Jaworski, which polled 253 U.S. corporate counsel as well as 50 from the UK.

-- MDT

Labels: , ,

0 Comments.
Post a Comment
10/22/2007
PWC Releases 2007 Global Economic Crime Survey
A graph from Forbes -- not exactly encouraging...

"In total, 43% of 5,400 companies surveyed in 40 countries reported suffering one or more significant economic crimes since the accounting firm last conducted its survey two years ago. The prevalence of economic crime reported was level with 2005 results but up six percentage points from 2003...The basic finding is that economic crime is unabated everywhere in world, regardless of the size of companies, and continues to pose a significant business risk,” Steve Skalak, PricewaterhouseCoopers’ global investigations leader,"
Be sure to check out the full PricewaterhouseCoopers' 2007 Global Economic Crime Survey right here.

-- MDT

Labels: ,

0 Comments.
Post a Comment

Half of All German Companes Affected by White Collar Crime?
One in two German companies affected by white collar crime? Interesting numbers here, and a window into Germany's very different corporate culture.

For more of those sorts of numbers, check out this recent global fraud report from Kroll.

-- MDT

Labels: ,

0 Comments.
Post a Comment

Milberg Strategic Errors Risk the Survivial of the Firm
Great piece from The Recorder at Law.com. Lots of detail from the 7 or so year history of the Milberg investigation that may have slipped your mind, along with a detailing of some strategic missteps by Milberg that may end up costing the firm everything.

Of course, for a refresher on the investigation, all you need to do is click the tags below. There was a huge flurry of news coverage back in and around January '06 at right about the time Lazar was indicted. And The Daily Caveat was there.

-- MDT

Labels: , , , , , ,

0 Comments.
Post a Comment
10/21/2007
Ripples of Lerach Guilty Plea Reach Coca Cola Class Action
New ammunition to prevent the certification of a class in the seven year old case? The defense is hoping so...

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

New Blog: The Legal Infrastructure of Business
The Legal Infrastructure of Business is a new blog that I've added to my watch list. You might want to as well. Good stuff. Via Professor Randy Picker of the University of Chicago Law School. Lots of quality news linkage.

--MDT

Labels: , ,

0 Comments.
Post a Comment
10/19/2007
On the Seymour Lazar Guilty Plea...
It is in. Reuters has details. Sentencing will be January 28th, if the 80 year old Lazar makes in that far. Because of his age and relatively poor health, probation rather than jail appears to be in his future. Lazar has also agreed to forfeit $1.5 million and a fine of up to $600,000.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
10/18/2007
(Not Ken) Lay Prosecution Continues
This would be Mark D. Lay whose alleged misdeeds cost the Ohio’s Bureau of Workers’ Compensation $215 million.

Of course if the OBWC has known that Lay was "dismissed from two Pittsburgh banks in the late 1980s for unauthorized securities trading" they might never have hired him in the first place...

Dear Employers,

Please conduct a proper background check...for the children!

Your friend,

The Daily Caveat

I guarantee it would have cost less than $215 million.

-- MDT

Labels: ,

0 Comments.
Post a Comment

Did Cisco avoid more than a billion in import taxes?
The Brazilian Authorities who raided Cisco's offices seem to think so. 93 search warrants, 40 arrests, 650 agents. This was a no-joke operation. Cisco corporate claims to be cooperating.

-- MDT

Labels: , ,

0 Comments.
Post a Comment

SEC Eyes Countrywide CEO Stock Sales
The WSJ has details.

An aside: Blogging while holding baby = short posts...

-- MDT

Labels: ,

0 Comments.
Post a Comment
10/17/2007
Milberg Kickback Defendant, Seymour Lazar, Cops a Plea
After all this time? Pretty interesting stuff from LA Biz Observed and SignOnSanDiego.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment

ProPublic - Journalism in the Public Interest
New investigative journalism shop, ProPublic comes online.

And a little background on the founders...

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
10/16/2007
Mel Weiss Pleads Not Guilty, Has Not Yet Begun to Fight
We'll see how this goes...via the WSJ law Blog.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment

Canadian Oil Executive Resigns Over Corporate Spying
Name withheld to protect the guilty?

Lemme dig down on this a bit...

-- MDT

Labels: , ,

0 Comments.
Post a Comment

Now This Intrigues Me
Citizen Works' Corporate Scandal Fact Sheet.

-- MDT

Labels:

0 Comments.
Post a Comment

Checking in With Louisiana's Corrupt (but still serving) Congressman, Vernon Jordan
Some things make you proud of your home state. Some thing less so... Vernon Jordan would be of the latter category.

Good stuff here from Conde Nast Portfolio
.
-- MDT

Labels: , , ,

0 Comments.
Post a Comment

Settlement in Mercury Interactive Backdating Case
Lawfirm Labaton Sucharow has reached a $117.5 million settlement with the company.

--MDT

Labels: , , , ,

0 Comments.
Post a Comment
10/15/2007
SEC Begs German Assistance in Siemens Invvestigation
This would be their second request... The first didn't go so well.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

Melvyn Weiss Makes Bond
He is currently free on $1 million bond and is, at a hearing today, expected to plead innocent to a variety of charges stemming from the government's investigation into kickbacks offered to Milberg clients. Weiss is facing four counts of conspiracy, racketeering, obstruction of justice and making false statements and could serve up 40 years based on the charges.

A trial is scheduled for January, where Weiss along with will co-defendants Seymour Lazar and attorney Paul Selzer, will get a chance to defend themselves against federal prosecutors' ever-expanding case. The Lazar and Selzer indictments kicked of a renewed push in the government's years-long investigation of Milberg Weiss. Lazar and Selzer were a multi-time Milberg plaintiff who purportedly received kickbacks from the firm.

Further details on the Melvyn Weiss trial can be found via Reuters... and of course, for past coverage from The Daily Caveat, try the tags below.

Labels: , , , , ,

0 Comments.
Post a Comment
10/11/2007
Time's Curious Capitalist Looks at 400 Years of Corporate Scandal
Enron, Refco, Worldcom - meet your great grand pappy - the Virginia Company of London.

-- MDT
0 Comments.
Post a Comment
10/10/2007
Stoneridge The Roe v. Wade of Securities Law?
A bit of the overwrought from the Chicago Tribune... Good coverage on the case can be found at the blog of the National Association of Manufacturers (where I saw the Tribune article).

I'd probably find myself disagreeing with the NAM point of view, but that doesn't mean I don't like their style.

- MDT

Labels: , , ,

0 Comments.
Post a Comment

SEC Wants More Info on Executive Pay
Clear, concise and understandable would be the watchwords. Apparently some companies are falling a bit short. Over August and September 350 companies received letters from the SEC asking for more detail on executive compensation. In most cases the SEC is simply requesting that future filing be more detailed. But the message that they are watching is pretty clear.

-- MDT

Labels: , ,

0 Comments.
Post a Comment

Milberg's Schulman Enters Guilty Plea
Racketeering... We knew the deal was done. And now the Schulman guilty plea is in.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment

Downplaying Stoneridge?
Forbes seems to think so...

-- MDT

Labels: , ,

0 Comments.
Post a Comment
10/09/2007
Siemens Settlement Criticized
While the recent settlement between Siemens and Munich prosecutors does not preclude other investigations moving forward, many have stepped forth to criticize German authorities for letting Siemens off so lightly for what seemed like wide ranging, brazen illegal activity.

--MDT

Labels: , , ,

0 Comments.
Post a Comment

Legislation Watch - Congress Considers Bill that Would Scale Back Prosecutions of White Collar Crime
Interesting stuff via Bloomberg. on pending legislation that would curb the power of prosecutors investigating corporate crime. The main tool that appears to be in jeopard of coming off the table is the ability of prosecutors to demand that companies under investigation offer up confidential information in talks with their lawyers - waiving attorney client privilege in order to win leniency in plea deals.

This is not exactly a new bill, as some version of it has been floating around for a year at least. and folks have been planning for the demise of the Thompson memo era for a long while now, basically since it was written. They got a boost recently when district court judge Lewis Kaplan of the Southern District of New York found fault with the DOJ's actions in its prosecution of a group of former KPMG executives, which as lead to renewed efforts to get a bill passed to protect the sanctity of attorney client privilege.

Investors, well...less so.

-- MDT

Labels: , , , ,

0 Comments.
Post a Comment
10/08/2007
Supreme Court Takes Up Stoneridge Tomorrow
A potential pyrrhic victory for Bill Lerach, whose Enron investor suit weighs heavily on the outcome, Stoneridge Investment Partners, LLC v. Scientific-Atlanta will be one of the most watched cases of the year. The case will determine the currency of scheme liability - whether third parties that knowingly participate in fraud can be held liable for their actions. Will the Supremes back the President's play or follow the lead of SEC Chairman Christopher Cox? We'll see. WSJ handicaps the case right here.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

Sumo Hazing Scandal Shakes Foundation of Sport
I can't not link to a story about a Sumo hazing scandal. At issue would be the death of a 17 year old Sumo student attributed to the traditional regimine of "kiai-ire" or instilling spirit. Also know as kicking the crap out of the new guy.

-- MDT

Labels:

0 Comments.
Post a Comment

How Institutional Investors Can Strengthen Corporate Governance
All that and more in Governance Watch for October '07 - interesting stuff from the Ethical Corporation.

-- MDT

Labels: , ,

0 Comments.
Post a Comment

Securities Lawsuits Down
Yes I know that USA Today is a paper practically written in crayon. Still you might find this story on the decline in securities litigation somewhat interesting. Of course, if you keep up with your Stanford Securities Clearing House press releases, you'd already know that their July Mid-Year report shows filings well below the historical average.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
10/05/2007
Siemens Fined 200 Million Euros
This would be the first of many expected rulings against the firm in relation to the almost $2 billion in questionable funds Siemens may have used to acquire and ensure business worldwide.

You know, bribes.

Details via the FT.

-- MDT
0 Comments.
Post a Comment
10/04/2007
Speigel Tells Us: Why Siemens Should Never Have Been Listed by Wall Street
The summary...
"Germany's scandal-plagued Siemens should have been barred from being listed on the US stock exchange in 2001. According to internal reports, the company's management at the time, under then-CEO Heinrich von Pierer, was guilty of serious negligence."
The full article, from Spiegel.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

China Law Blog
Interesting content here from a team of two lawyers, Dan Harris and Steve Dickinson, both of Harris and Moure. Their red on red is a pretty intense color scheme, but the content is good. Start with their post China Bribery: Send Lawyers, Guns And Money and go from there.

The Daily Caveat was in that part of the world just about a year ago. Here are some notes from Singapore, Hong Kong and (my favorite) Macau.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

French President Implicated in Insider Trading Scheme
French politics may not be your bag, but this is an interesting piece from the Times of London.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
10/03/2007
Backdating 2.0
October 10th might be an important date when it comes for forecasting SEC enforcement priorities for the new year. Last March SEC Directory of Enforcement, Linda Chatman Thomsen indicated that the commission was going to be looking in to irregularities in sanctioned 10b5-1 stock-trading plans for corporate executives.

Chatman Thomsen is scheduled to speak on October 10th at the National Association of Stock Plan Professionals in San Francisco and increased SEC attention to insider trading issues is certainly on a lot of minds.

Details via Financial Week.

And for some past comment on backdating from Chatman Thomsen, check out this October '06 statement from SEC.com.

-- MDT

Labels: , , ,

1 Comments.
Anonymous Anonymoussaid...
Song of Deborah


...They chose new gods; then was war in the gates... Awake, awake, Deborah: awake, awake, utter a song... the LORD made you have dominion over the mighty... Curse ye Meroz, said the angel of the LORD, curse ye bitterly the inhabitants thereof; because they came not to the help of the LORD, to the help of Justice against the mighty... Have they not divided the prey; to every man a damsel or two? So let all thine enemies perish, O LORD: but let them that love him be as the sun when he goeth forth in his might. And the land rest forty years. Judges 5.

Deborah Palfrey deserves the Pemberton Award for Clean Governance.
Palfrey list is like the Black Book of 1918.
That Trial of the century is deleted from all books.
The list there had 47000 names.
The list here has 46000 phone bills.
The listed are not womenizers, machos or ordinary sinners.
They are power brokers, gay lutheran shock n awe blitzkrieg agitators of all wars and all panics.
These wretches are one dirty cover to the real pimps deep undercover.
A curse on the kingpins, Justice Charles Darling then and Judge Adolph Kramer Kessler now.

Noel Pemberton-Billing
Trial of the Century 1918
Post a Comment

Stoneridge v Scientific Atlanta, On the Docket
A ruling from the high court on 3rd party liability is coming... The FT updates.

-- MDT

Labels:

0 Comments.
Post a Comment

Financial Times Loosens Up
The British daily recently announced a plan to open up more of their content to you unwashed web rabble. The FT hasn't gone quite as far as the New York Times, which more or less handed over the keys to the kingdom a few days ago, making the FT's move slightly anti-climactic. But let us not be too militant in our desire for "DRM-free" online content. Here's their pitch, see what you think:
Users will be given free access to up to 30 stories a month, a level that takes account of current usage patterns and reader research, with a light-touch registration required after the first five articles. Apart from full access to the FT’s journalism, registrants and subscribers can benefit from personalised services, such as e-mail alerts and portfolio tools. After 30 articles, readers who want unlimited access have an option of standard or premium subscription which costs £99 (€119 / $109) or £199 (€319 / $299) annually.
Let's call Felix Salmon at Conde Nast Portfolio one voice against it.

-- MDT
0 Comments.
Post a Comment
10/02/2007
Refco: Not Over for Mayer Brown
Former shareholders of defunct commodity trader, Refco, filed suit on Monday against the Chicago area law firm that advised Refco on the firm's 2005 initial public offering. This would be the latest move against law firm Mayer Brown, which has a long history with Refco. This would be only one of several related suites pending against Mayer Brown, all stemming from its alleged role in the Refco fraud.

Details via Forbes.

Labels: ,

0 Comments.
Post a Comment

Corporate Investigations, The Business Rationale
Pretty interesting interview on the above subject featuring Mark J. Biros of Proskauer Rose and presented by The Metropolitan Corporate Counsel. Biros is a partner at Proskauer and co-head of the firm's DC office.

-- MDT

Labels: ,

0 Comments.
Post a Comment

From The Daily Caveat Society Pages
It's an IGI reunion at The Daily Caveat... First we have a bit of news from the ever-discrete Mintz Group and now good tidings of happy nuptials for the daugher of Mintz's former Investigative Group International partner, Terry Lenzner.

Happy times.

-- MDT

Labels: , ,

0 Comments.
Post a Comment

Jim Mintz to Speak on Compliance at New York Bar Association
Jim Mintz, as many readers probably already know, is the patriarch of The Mintz Group, a very fine investigative firm that The Daily Caveat is proud to call his P.I. alma mater. On October 23rd Mr. Mintz will be speaking at a NY Bar Association CLE Conference on Compliance for the Small to Mid-Size Companies. Sure to be good. Further details here.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment


all content © Michael D. Thomas 2010