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

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Previous Posts Archives
11/24/2008
Blogging Stocks Runs Down List o Finanical Felons
A little trip down memory lane for you...

-- MDT
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Menachem Lifshitz Comes Clean on Tax Bill
The prominent plaintiff attorney (Bernstein, Liebhard & Lifshitz), is seeing some dirty laundry aired thanks to his guilty plea on charges that he falsified his 2005 tax return. Along with resigning from BLL, he'll pay a cool $4.8 million to make it right.

--MDT

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11/23/2008
Corporate Liability Questions Face Appeals Court
Should corporations be held liable for the actions taken by employees that violate company regulations? That is the question at the heart of a case currently before U.S. Court of Appeals in New York. In the middle is Greek shipping company, Ionia Management, which was recently convicted in Connecticut for illegal dumping.

In an interesting twist, Ionia is being represented by former Federal prosecutor, Andrew Weissmann, who's name may be familiar to you for his former role as the Director of the Justice Department's Enron task force. All the talk is that the Ionia case is headed straight for the Supreme court, but that would first require a ruling for the government at the appeals level.

For a learned opinion on th arguments in the case and what a ruling in Ionia's favor could mean for coporate prospections, check out Mark Godsey's post over at the always interesting CrimProf Blog. See also this post from Ellen Podgor over at the White Collar Crime Prof Blog, which was written back in June of this year as Ionia approached it's current appeal.

-- MDT

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11/20/2008
Essential Reading - From Kurdistan to K Street
Laura Rosen over at Mother Jones showing how we make the sausage, post 9/11.

-- MDT

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Muckety.com For Relationship Mapping
I do love this stuff - dynamic visualization of the web of relationships between notable folks. Check it out here.

--MDT
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Joe Nocera Ruminates on What Enforcement Looks Like at the SEC These Days
The name Mark Cuban comes up as a case in point.

-- MDT

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A SocGen Showdown
Kerveil's attorneys are seeking a hearing with SocGen chairman, Daniel Bouton.

-- MDT
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11/19/2008
Google Opens Searchable Database of Life Magazine Photos
Seek, and you shall find good stuff (like this).

-- MDT

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11/18/2008
You Need to Know About the Matrix
A decent work in progress - naming names and mapping connections - from the Marc Cuban-funded Wall Street investigation blog (irony alert...).

Funny... I originally scheduled this post a few days back, right before the Mark Cuban insider trading story hit.

Cuban responds to the SEC here.... 

-- MDT

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1 Comments.
Anonymous Anonymoussaid...
Did they take down the information you mentioned? I dont see it. I think it is hilarious and ironic that Cuban is the majority partner of a site out to find frauds....what a great guy, thanks Mark.
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11/17/2008
SEC Enforcement Agreements on The Rise
Pushing towards a three-year high. Get a breakdown of those numbers right here.

-- MDT

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Texas Pretexters Shut Down
And good riddance.

This stuff is a plague on the profession...

-- MDT

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Broadcom Aid Cooperating
The cooperation of former personal aid Craig Gunther doesn't bode well for Brodacom's founder, Henry T. Nicholas, who's trial on financial and drug charges is pending.

Nicholas is quite the colorful fellow - one of the original dot com billionaires and the kind of guy that would build a "sex cave" under his mansion.

The information possessed by Gunther, given his years as major domo of the Nicholas household, could no doubt be quite damaging to his former boss.

As per his plea agreement, Gunther plead guilty to two misdemeanors and he is expected get as little as probation in exchange for his cooperation with prosecutors.

-- MDT

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11/16/2008
Natwest Three Homecoming
And a long strange trip it has been...

And too long since Ive spent some time reading Tom Kirkendall's blog, at that.

-- MDT

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11/15/2008
Hausfeld Expelled at Cohen Milsten, Speaks to WSJ Law Blog
As was revealed early in the week, name partner Michael Hausfeld of Cohen Milstein sent notice to clients and colleaues that he had been abruptly expelled from the firm, via a note left on his office chair. No one is one the record with a specific reason why Hausfeld got the boot after almost fourty years of service (although various message boards are awash with speculation). Hausfeld has already retained representation and office space from Venable and is talking retribution against his former colleagues. He also passed a few words with the WSJ Law Blog about the road ahead. Needless to say, there has got to be a a rather large and thorny issue hiding behind all the bluster and BS.

-- MDT

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11/13/2008
Patrick Harrington Sentenced
BLX baddie and Daily Caveat fave, Patrick Harrington has been sentenced to 10 years in prison for his role in perpetrating the largest loan fraud in the history of the Small Business Administration - more than $30 million.

Thanks to the tipster who pointed me to the Chicago Tribune article.

-- MDT

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Speaking of UBS...
This is quite the significant indictment. Raoul Weil, come on down. Weil oversaw cross-border private banking for UBS from 2002 to 2007, overseeing a division that allegedly helped hide $20 billion from U.S. tax authorities.

-- MDT

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11/12/2008
UBS Coughing Up Names to U.S. Authorities
And there have got to be a lot of nervous people out there...

-- MDT

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SEC Claims No Foul Play in Pequot Action
The SEC has given itself a clean bill of health in the handling of the Pequot Capital hedge fund investigation. The SEC's inspector general and Senate investigators reached the opposite conclusion in their independent probe of the matter.

SEC inspector general pointedly recommended disciplinary action against SEC enforcement chief Linda Thomsen as well as Mark Kreitman assistant enforcement director and Robert Hanson the supervisor of whistleblowing SEC lawyer, Gary Aguirre.

Given the contradictory conclusion, inspector Kotz and the Senator Charles Grassley who had orignially requested the Senate investigation of the matter both balked at the outcome of the SEC's administrative proceeding.

So what was Gary Aguirre blowing the whistle on in the first place? In a nutshell:

Aguirre was the lead attorney in an investigation of suspicious trades at hedge fund Pequot Capital. In pursuit of the investigation Aguirre sought to interview John Mack, chief executive of Morgan Stanley and longtime friend of Arthur Samberg, founder of Pequot.

According to Aguirre, his SEC higher-ups declared hands-off on Mack. When Aguirre pushed the point, he claims he was fired. His subsequent whistleblowing resulting in congressional hearings, which have in turn produced several reports highly critical of the SEC's conduct in the matter.

For a full recap of our Pequot coverage click here.

-- MDT

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11/11/2008
Businessmen Turn To Crime to Maintain High Standard of Living During Economic Downturn?
It could happen...

-- MDT
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AOL Exec Gets a Pass From the SEC
John Tuli can breath a sigh of relief these days, as the SEC has dropped all charges against him in connection with their long running probe into revenue inflation that took place during the AOL Time Warner merger. Several of Mr. Tuli's former colleagues at AOL have not been so fortunate. More at the WSJ.

-- MDT

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11/10/2008
Insider Trading Charges Face Deloitte
All eyes are on Thomas Flanagan, a former Deloitte VP who resigned a few weeks back, rather abruptly. On October 29th Delottie filed suit against Flanagan for allegedly buying stock in an unnamed company (Option Care, Inc.) just a week before a Deloitte client (Walgreens) announced their acquisition of the firm.

Deloitte had been the auditing firm contracted to review the deal. Falanaga had been the Deloitte client contact on the matter. In their lawsuit Deloitte claims ignorance of this an other questionable conduct on Flanagan's part - at least until regulators began asking them questions.

For more on the Flanagan case, check out The Chicago Tribune.

-- MDT

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11/09/2008
Dismal Numbers for Kroll Parent Company
Profits for Marsh & McClellan fell 78% in the 3rd quarter of 2008. Earnings in Kroll's division were down 3.4%. Interested Kroll buyers, Marsh is apparently still interested in selling...

--MDT

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11/07/2008
Spitzer Skates on Sex Solicitation Charges
But that's not really news. The clients of high-end sex rings seldom face prosecution.

What is bigger news for the former New York Governor and moral crusader, is that investigators have found no misuse of civic or campaign funds.

The specter of such troubles has dogged Spitzer since the story of his frequent interstate sexcapades hit the newspapers.

Spitzer was only one of nine clients involved in the Emperor's Club bust from earlier in the year. At this point, the rest of the names, we'll probably never know.

-- MDT
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11/06/2008
Bayou Hedge Fund Swindler Gets Note From Doctor, Goes to Medical Prison
I know I am a little late posting this, but the past week has been all election all the time, so I apologize for my tardiness. If you have yet to read about the latest turn in the twisted tale of fraudster (and former dead guy), Sam Israel you can do so right here.

-- MDT

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Former UBS Exec Gets Six and a Half Years on Insider Trading Conviction
Not the best week for Mitchel Guttenberg, who plead guilty back in February and is now facing a stout sentence of 6 and a half years for his role in a massive insider trading ring.

-- MDT

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Please Forgive the Continued Political Blogging

This was too good to pass up...
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Siemens Sends Notice of Coming Settlement
They've set aside a$1.3 billion to help resolve the ongoing corruption probes in Europe and the U.S. While some had suggested that closing out the various investigations could prove much more costly, market analysts have referred to the probes as "essentially over" at this point. More on this at CFO.com, along with some additional detail fits into the bigger picture of the current state of European business ethics.

-- MDT

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All About the SEC's New Enforcement Manual
Via the Harvard Law School Corporate Governance Blog. Perhaps a bit dry reading for some, but worth a scan...

-- MDT

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Bear Stearns Risk Guru Joins NY Fed, Irony Not Lost on Some
The recent appointment of Michael Alix to a key post has ruffled more than a few feathers in the investor community. Alix was formerly the chief risk officer from 2006 to 2008 and global head of credit risk management from 1996 to 2006 for the now defunct house, Bear Stearns.

-- MDT

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11/05/2008
Some Fresh meat for You Independents
Over at Freelance Security.

-- MDT
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In Case You Were Wondering When the World Changed
It was on the chilly night of January 3rd in Iowa, with this speech from Barack Obama- one that made people believe:



And when the state of Ohio was called for Obama last night, you knew that the race was over. The rest was academic. At 11PM California, Washington and Oregon would tell the tale. It just so happened that Virginia and Florida were called then too, with many more states to follow - a wave of validation, an outpouring of support, a course correction for a nation that had come loose from its bearings.

Seeing the folks dancing and cheering up on U Street in DC last night was a deeply emotional experience. These are the very same streets that burned to the ground not so very long ago, with people full of rage and despair. Today, it is a different story. I was so moved that I had to get my baby girl up to see it, and to see Barack Obama accept the honor of becoming America's 44th President.

My wife and I sat (and at times stood, and paced and cheered and hugged) holding Clara in our arms and watched together, as living history unfolded before us. Throughout the evening we spoke to distant friends and family, and connected with many more over the internet, sending out tense, nervous missives that later gave way to an outpouring of congratulations, warm well wishes and shared hopes for a better tomorrow.

Of course, not everyone is waking up happy today in America, but hopefully we can all agree that the last eight years have been a rough road and that a little change is a good thing. Despite the honest, sincere disagreements Americans may have about the issues we face, I hope that we can all support Barack Obama has he ascends to the Presidency.

-- MDT
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11/04/2008
And it All Comes Down to This...
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11/03/2008
Former National Century CEO Gets Convicted
Lance Poulsen... Come on Down!

For your role in defrauding your investors of $2.9 billion, you have been found guilty of fraud, conspiracy and money laundering.

Tell him what he's won Roddy!

Well, Bob, sentencing has yet to take place, but Lance is looking at up to thirty years behind bars. This is on top of the current ten year sentence he's serving after being caught trying to bribe a key witness.

-- MDT

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1 Comments.
Anonymous Alex Ksaid...
Anything illegal gets punished, right? A proven anecdotal handed down from generation to generation: one good deed gets good karma and vice- versa.If there’s a crime, there’s imprisonment waiting or so there is. Lance Poulsen isn't going to need a cash advance loan ever again. He won't need one because Lance Poulsen is going to be in prison for the rest of his life, in all likelihood. The 65 year old was convicted of corporate fraud, and after being handed a ten year sentence several years ago, has had another 30 years tacked onto the time he already has. His associates Karl Demmler, convicted of bribery, and Rebecca Parrett have also been convicted and sentenced, although Parrett has been a fugitive for months. Parrett and Poulsen are both liable for about $3 billion in restitution. However, it will take Lance Poulsen a long time to make that in license plates.
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11/02/2008
Google Enables OCR for Indexed PDFs
Quite the boon to you investigative types...

Get the full tech specs over at ArsTechnica.

-- MDT

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