Ponzi Schemes

“[I]t is hard to justify giving special compensation to the investors of Mr. Madoff and Mr. Stanford just because they lost significant amounts of money with little prospect of any recovery.”

~ Peter J. Henning, on Madoff and Stanford victims lobbying members of Congress for a law that would compensate them for some of their losses.

Of course the investors are appealing but one win at at time, amiright?

The suits were filed in the fall by investors who lost millions in the LuxAlpha Sicav-American Selection fund which had 95% of its fund invested with Bernie Madoff. The fund claims that it had $1.4 billion in net assets a month prior to Madoff’s arrest.

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Allegedly of course! Despite our best wishes for a forensic accountants to be fraud-busting crusaders that pursue truth, justice and all that crap, this corner of the profession is not immune from shiesty characters.

Lewis Freeman, “Miami’s go-to forensic accountant”, has been charged with embezzling $2.6 million from his clients. The Miami Herald is reporting that Lew has pleaded not guilty but is planning to change his plea to guilty “within a few weeks” while his attorneys try to negotiate a lighter sentence. The Herald also reports that two other employees of his firm, including the CFO, will be charged as co-conspirators in the case.

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Thumbnail image for PettersSmile.jpgAP: Ponzi collapses nearly quadrupled in ‘09 – Thimble-dick Bernie, Allen Stanford, Tom “Cocker Spaniel” Petters, all did their part. [via HuffPo]
The First Annual Jr Deputy Accountant Year in Review Awards (or some h*t) – Somehow we ended up on this list and somehow JDA managed to make it a backhanded compliment (we think). [JDA]
Koss financial records will get more scrutiny in 2010 – With comments from Tracy Coenen at Fraud Files. [Milwaukee Journal Sentinel]
The Man Who Wired Silicon Valley – How Raj got the world by the short and curlies. [WSJ]
GM Plans Pontiac Fire Sale – “GM sent letters to dealers Dec. 23 saying it would pay them $7,000 for every new Saturn or Pontiac on their lot that is moved to rental-vehicle or service-vehicle fleets operated by the dealers.” So yes, they’ll seem extra pushy. [WSJ]
The Big Zero – As in the decade we’re finishing up. Prof. Krugman also quotes Diet Coke fiend Larry Summers stating that GAAP was the most important innovation in history and that it allows investors to make good decisions. According to PK, also a big zero. [Paul Krugman/NYT]
Spurious academic study of the day, Tiger Woods edition – Ball-parking investors’ losses due to TW’s cheating ways is not so easy, nay, ridiculous. [Felix Salmon/Reuters]

stanford10.jpgDespite Allen Stanford all but flipping out Judge David Hittner isn’t feeling it, denying his request to be released from prison while awaiting trial.
Stan’s attorney was shocked — SHOCKED! — that the judge was in such a cavalier mood with his client’s well-being:

“The issues we raised were real, as well as legally and factually compelling,” attorney Kent Schaffer said in an e-mail today. “I am surprised that we were shot down so abruptly and without a response from the government or a hearing. I am not sure how Allen will be able to participate in assisting in his own defense and, the truth is, he probably won’t be.”

Stanford is scheduled to go on trial in January 2011 which will probably seems a helluva lot longer if you’re slowly…coming apart…at the seams.
Stanford won’t be released, judge rules [Houston Chronicle]

Thumbnail image for petters_plane.jpgIt’s been just under two weeks since convicted Ponzi boy/swashbuckling industrialist Tom Petters was convicted in his trial and it’s all but off the RADAR of everyone. Unfortunately, we stumbled across the following audio this morning featuring Tom Petters, his part-time lover/executive and government witness Deanna Coleman, and their fellow conspirator Bob Coleman.
It sounds like some Fargo-esque plot gone terribly wrong without the visual of William H. Macy in that ridiculous hat.
It’s pretty clear from where we stand that a jury of cocker spaniels would have found Petters guilty just based on this recording, although we don’t get the ultimate money shot of “this is one big fucking fraud”.
Plenty of interesting moments including lots of talk about lies, money, more lies, Bob White’s “goddamn good imagination” and a flurry of “fucks” right at the end from TP. You do get the feeling that no matter how hopeless TP sounds, he somehow thinks it will all work out. Hindsight!
Around the 10 minute mark is when Petters first starts losing it and around 13:51 he remembers the good old days when “we laughed about it”. This should convince the last of you “Free Tom Petters” hold-outs. Enjoy.

Tim_geithner.jpgGeithner Said to Be Seeking TARP Extension Until Next October – Timmay is expected to scribe a letter to Congress letting them know about the little extension. [Bloomberg]
Standard Chartered Sees No ‘Material’ Impairments in Dubai – Let’s remember this for future reference. [WSJ]
Lessons Lost – Gary Weiss links to GC in his remembrance of Enron. Does anyone else remember Enron? [Portfolio]
Obama’s Stimulus II – BO wants to help small business by letting them “eliminate capital gains taxes on the sale of small firms, allow them to continue to expense capital investment, and give them tax breaks for hiring new workers.” Sounds nice but Howard Gleckman says, “It’s a bit like throwing a drowning man a 64-inch flat panel TV. He might love to have one, but not right now.” [Tax Policy Center]
U.S. SEC Sues to Freeze Assets Of ‘Ponzi Scheme’ – Rockford Funding Group LLC, come on down! [DealBook]

Thumbnail image for petters_plane.jpgSwashbuckling cocker spaniel Tom Petters has managed to keep his focus the last few days, testifying in his trial for his alleged $3.5 billion Ponzi scheme.
His cross-examination by Assistant U.S. Attorney Joe Dixon included several interesting exchanges including Petters admitting that he was the ‘heart and soul’ of PCI despite his claim of being duped for fifteen years by his office manager/confidante/lover, Deanna Coleman and Robert White, his former CFO. Dixon also accused of Petters of getting drunk on the super-happy-fun times he was having as a captain of industry:

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petters_plane.jpgFor those of you that were maybe developing a soft spot for Tom Petters because, among other things, his own lawyer doesn’t think too much of him, the latest testimony in TP’s trial should help squash your sympathy.
Janet Leck, a 79 year old widow, was convinced by Frank Vennes, Jr. — an evangelist who “steered unwitting investors to [Petters]” — to invest her money with Tom Petters. At one point Vennes, apparently having reconnected with the Almighty, told Leck that he was ending his business relationship with TP because of ‘things he was seeing in Mr. Petters’ personal life’ and was returning her money.
Now, one could assume that Vennes was getting the creeps from Petters because either: 1) he realized that Petters was a complete man-child that couldn’t finish a copy of Go Dog Go! or 2) typical hooker/llelo chicanery.

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madoffauditor.jpgThat’s not an official title but if you’ve got suggestions for someone else, please, enlighten us.
Reuters:

He told the court that he did not conduct any independent auditing or verification of financial statements or tax returns provided by Madoff and “others” at Bernard L. Madoff Investment Securities LLC in New York.

Friehling did not state who the ‘others’ were but the U.S. Attorney hinted that we’ll get to know sometime. For now, Friehling is a free man, out on $2.5 million bond until his sentencing which is tentatively set for February.
He faces up to 114 years in prison but similar to Madoff’s chief bald-faced liar, Frank DiPascali, his cooperation should result in a lighter sentence. And by lighter we’re guessing that means he’ll still leave prison horizontally.
Madoff Accountant Pleads Guilty [WSJ]