10/31/2007
  
         
NY Daily Intelligencer Asks:  Has Wall Street Gone Insane?
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: organized crime
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: corporate investigators
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: Wellcare
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: expert witness, Round Table Grouop
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
Lerach:  Guilty
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: BP, Clean Air Act, oil, price fixing
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: Kroll, private investigator
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: James Simon, quantitative finance, Rennaisance Asset Management, Skynet
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: AMD, Intel, investigation, monopoly
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: hedge fund, Philippe Jabre
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
On Wall Street, Layoffs Abound
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: gross, meatpacking, Topps
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: business, Fulbright and Jaworski, litigation
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: Global Economic Crime Survey, PWC
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: Germany, white collar crime
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: Bill Lerach, Lerach, Melvyn Weiss, Milberg, Milberg Weiss, Seymour Lazar, Steven Cooperman
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: Bill Lerach, class action, Coca-Cola, securities
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
New Blog:  The Legal Infrastructure of Business
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: kickbacks, Milberg, Milberg Weiss, Seymour Lazar
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: Mark Lay, Ohio
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: Brazil, Cisco, tax evasion
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
SEC Eyes Countrywide CEO Stock Sales
	         
	           The WSJ has details.An aside: 
Blogging while holding baby = short posts...
-- MDT
Labels: Countrywide, insider trading
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  10/17/2007
  
         
Milberg Kickback Defendant, Seymour Lazar, Cops a Plea
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
         
ProPublic - Journalism in the Public Interest
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
  10/16/2007
  
         
Mel Weiss Pleads Not Guilty, Has Not Yet Begun to Fight
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
         
Canadian Oil Executive Resigns Over Corporate Spying
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
         
Now This Intrigues Me
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: bribery, Louisiana, Nigeria, Vernon Jordan
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
Settlement in Mercury Interactive Backdating Case
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: bribery, Germany, SEC, Siemens
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: kickbacks, Melvyn Weiss, Milberg, Milberg Weiss, Paul Selzer, Seymour Lazar
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: scheme liability, securities, Stoneridge, third party liability
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: disclosure of evidence, executive compensation, SEC
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
Milberg's Schulman Enters Guilty Plea
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
         
Downplaying Stoneridge?
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: bribery, Germany, settlement, Siemens
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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 f
ault 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: attorney client privilege, corporate investigation, legislation, pre-trial agreements, Thompson memo
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: Bill Lerach, Enron, scheme liability, Stoneridge
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: Sumo
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
How Institutional Investors Can Strengthen Corporate Governance
	         
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: class action, Making fun of USA Today, securities, Standford Securities Class Action Clearing House
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: bribery, Heinrich von Pierer, SEC, Siemens
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: blogs, bribery, China, Harris and Moure
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: AMF, France, insider trading, Nicolas Sarkozy
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: 10b5-1, backdating, Linda Chatman Thomsen, SEC
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
Stoneridge v Scientific Atlanta, On the Docket
	         
	           A ruling from the high court on 3rd party liability is coming...  
The FT updates.
-- MDT
Labels: Stoneridge
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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
       
    
             
  
  
  
  
  
 
  
   
  
  
   
  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: Mayer Brown Rowe and Maw, Refco
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: corporate investigation, SOX
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: Investigative Group International, Mintz Group, Terry Lenzner
       
    
             
  
  
  
  
  
 
  
   
  
  
   
         
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: compliance, James Mintz, Mintz Group, New York Bar