Sentencing the Why of White Collar Crime
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Howard R. Elisofon Partner; Co-Chair, Securities Litigation and Enforcement [email protected] (212) 592-1437 PHONE (212) 545-3366 FAX
Howard R. Elisofon Partner; Co-Chair, Securities Litigation and Enforcement [email protected] (212) 592-1437 PHONE (212) 545-3366 FAX Howard Elisofon is a nationally renowned litigator with more than 35 years of experience in securities law and enforcement. Howard began his career as trial counsel for the SEC’s Division of Enforcement. He subsequently worked in a variety of senior legal positions at Prudential Securities and First New York Securities, where he obtained his Series 7 and Series 24 licenses, and then in private practice at Greenberg Traurig LLP, where he was a founding member of the firm’s New York office. As co-chair of Herrick’s Securities Litigation and Enforcement practice, Howard focuses on securities and commodities litigation, arbitration, mediation and investigations for broker- dealers, brokerage firms, investment advisers, investment companies, venture capital firms and insurance companies, as well as securities traders and industry executives. He represents clients in a wide variety of complex commercial litigation matters, as well as enforcement proceedings before the SEC, the Offices of the U.S. Attorneys, the New York State Attorney General and New York State District Attorneys, as well as FINRA and various exchanges, and state securities and insurance regulators. A frequent speaker on securities and enforcement related topics, and a sought-after authority on broker-dealer issues, Howard’s commentary is often featured in major media outlets. High-Profile Government Investigations and Litigation Howard has defended clients in numerous high-profile government investigations, including the Drexel Burnham/Ivan Boesky insider trading matter, the Prudential Securities limited partnership fraud scandal, the Prudential market timing investigation and the Stanford Ponzi scheme. -
Special Committee Report
REPORT OF THE 2009 SPECIAL REVIEW COMMITTEE ON FINRA’S EXAMINATION PROGRAM IN LIGHT OF THE STANFORD AND MADOFF SCHEMES SEPTEMBER 2009 SPECIAL REVIEW COMMITTEE Charles A. Bowsher (Chairman) ———————————— Ellyn L. Brown ———————————— Harvey J. Goldschmid ———————————— Joel Seligman ———————————— INDUSTRY GOVERNOR ADVISERS OF COUNSEL Mari Buechner Paul V. Gerlach W. Dennis Ferguson Griffith L. Green G. Donald Steel Dennis C. Hensley Michael A. Nemeroff SIDLEY AUSTIN LLP 1501 K Street, NW Washington, DC 20005 TABLE OF CONTENTS I. EXECUTIVE SUMMARY .............................................................................................. 1 A. The Stanford Case................................................................................................. 2 B. The Madoff Case................................................................................................... 4 C. Recommendations................................................................................................. 6 II. BACKGROUND ON FINRA EXAMINATION PROGRAM...................................... 9 III. EXAMINATIONS OF MEMBER FIRMS INVOLVED IN THE STANFORD AND MADOFF SCANDALS.................................................................. 11 A. The Stanford Case............................................................................................... 12 1. Background............................................................................................... 12 2. Daniel Arbitration and 2003 Cycle Examination...................................... 13 3. 2003 -
Rotary Club of Tampa North a 100% Paul Harris Fellow Club
Rotary Club of Tampa North District 6890 ~ Club # 4293 Chartered 1954 A 100% Paul Harris Fellow Club May 4, 2020 Volume 2019-2020, Issue 31 Today’s Speaker: Andrew Warren Andrew Warren was elected as State Attorney of Florida's 13th Judicial Circuit, Hillsborough County, in November 2106. Warren leads an office of approximately 130 prosecutors and 300 total employees whose mission is to build a safer community while promot- ing justice and fairness for everyone in the criminal justice system. Since taking office on January 3, 2017, Warren has been reforming our local criminal justice system. He has been tough on violent crimi- nals, fraudsters, and repeat offenders who threaten the safety of our neighborhoods. He has utilized innovative reforms and created successful diversion programs to hold low-level offenders accountable while steering them away from the downward spiral of the system, including civil citation programs for juveniles and adults. Warren has focused on treatment, prevention, and rehabilitation for offenders with substance abuse and mental illness in order to reduce recidivism rather than further the revolving door of the criminal justice system. He has minimized poverty traps that criminalize people because they are poor. He has embraced data-driven approaches that improve safety, cut crime, and save taxpayer dollars. Additionally, Warren has emphasized transparency and civic engagement to build trust with the community that he serves. Warren previously served as a federal prosecutor with the United States Department of Justice. After initially prosecuting street crime in Washington, DC, he spent the majority of his career with the Justice Department prosecuting complex financial fraud all across the country—crimes that victimized retirees, investors, and taxpayers. -
Stanford Ponzi Scheme: Lessons for Protecting Investors from the Next Securities Fraud
THE STANFORD PONZI SCHEME: LESSONS FOR PROTECTING INVESTORS FROM THE NEXT SECURITIES FRAUD HEARING BEFORE THE SUBCOMMITTEE ON OVERSIGHT AND INVESTIGATIONS OF THE COMMITTEE ON FINANCIAL SERVICES U.S. HOUSE OF REPRESENTATIVES ONE HUNDRED TWELFTH CONGRESS FIRST SESSION MAY 13, 2011 Printed for the use of the Committee on Financial Services Serial No. 112–30 ( U.S. GOVERNMENT PRINTING OFFICE 66–868 PDF WASHINGTON : 2011 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2104 Mail: Stop IDCC, Washington, DC 20402–0001 VerDate Nov 24 2008 17:24 Aug 25, 2011 Jkt 066868 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 K:\DOCS\66868.TXT TERRIE HOUSE COMMITTEE ON FINANCIAL SERVICES SPENCER BACHUS, Alabama, Chairman JEB HENSARLING, Texas, Vice Chairman BARNEY FRANK, Massachusetts, Ranking PETER T. KING, New York Member EDWARD R. ROYCE, California MAXINE WATERS, California FRANK D. LUCAS, Oklahoma CAROLYN B. MALONEY, New York RON PAUL, Texas LUIS V. GUTIERREZ, Illinois DONALD A. MANZULLO, Illinois NYDIA M. VELA´ ZQUEZ, New York WALTER B. JONES, North Carolina MELVIN L. WATT, North Carolina JUDY BIGGERT, Illinois GARY L. ACKERMAN, New York GARY G. MILLER, California BRAD SHERMAN, California SHELLEY MOORE CAPITO, West Virginia GREGORY W. MEEKS, New York SCOTT GARRETT, New Jersey MICHAEL E. CAPUANO, Massachusetts RANDY NEUGEBAUER, Texas RUBE´ N HINOJOSA, Texas PATRICK T. MCHENRY, North Carolina WM. LACY CLAY, Missouri JOHN CAMPBELL, California CAROLYN MCCARTHY, New York MICHELE BACHMANN, Minnesota JOE BACA, California THADDEUS G. McCOTTER, Michigan STEPHEN F. -
Stanford Arbreq 290313 USPFTA
REQUEST FOR ARBITRATION AND STATEMENT OF CLAIM UNDER THE UNCITRAL ARBITRATION RULES AND SECTION B OF CHAPTER 10 OF THE UNITED STATES - PERU FREE TRADE AGREEMENT NATIONALS OF PERU VICTIMIZED BY THE STANFORD PONZI SCHEME INVESTORS / CLAIMANTS and THE GOVERNMENT OF THE UNITED STATES OF AMERICA PARTY / RESPONDENT Pursuant to Article 10.16(1)(a) of the United States - Peru Free Trade Agreement (“USPFTA”), the Claimants hereby serve this Request for Arbitration and Statement of Claim for the non-compliance of the Government of the United States of America (the “U.S.A.,” the "United States" or the "Respondent") with certain of its obligations under the USPFTA. I. NAME AND ADDRESS OF THE DISPUTING INVESTORS 1. Pursuant to powers of attorney granted by each claimant to his, her or its respective attorney, the addresses for the Claimant/Investors are as follows: For the Claimants listed in Appendix I, Tab A: c/o: Mr. Edward F. Valdespino Strasburger & Price, LLP 300 Convent Street, Suite 900 San Antonio, Texas 78205 For the Claimants listed in Appendix I, Tab B: c/o: Mr. Peter Morgenstern Butzel Long, A Professional Corporation 380 Madison Avenue, 22nd Floor New York, NY 10017 II. BREACH OF OBLIGATIONS 2. The Claimants allege that the United States has acted inconsistently with its obligations under Section A of Chapter 10 of the USPFTA, with respect to the following provisions: i) Article 10.3 – National Treatment; ii) Article 10.4 – Most-Favored-Nation Treatment; and iii) Article 10.5 – Minimum Standard of Treatment. 3. In relevant part, the text of each applicable USPFTA provision is as follows: Article 10.3. -
United States Court of Appeals NN
Case 15-2707, Document 90, 05/05/2016, 1765892, Page1 of 51 15-2707(L) 15-2712(CON) United States Court of Appeals NN ! " # ! $ %%&& '()(*+,(-(./ (0 *.1(0 *.1%2234 56%67&%89:%22 Case 15-2707, Document 90, 05/05/2016, 1765892, Page2 of 51 TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................................................................... iii PRELIMINARY STATEMENT ............................................................................... 1 JURISDICTIONAL STATEMENT .......................................................................... 4 STATEMENT OF THE ISSUES............................................................................... 4 STATEMENT OF THE CASE .................................................................................. 5 A. Procedural History ................................................................................. 5 B. Factual Background ............................................................................... 6 SUMMARY OF ARGUMENT ................................................................................. 7 ARGUMENT ........................................................................................................... 10 I. THE DISTRICT COURT’S PERSONAL BENEFIT INSTRUCTION WAS ERRONEOUS AND RESULTED IN GUPTA’S CONVICTION FOR CONDUCT THAT IS NOT A CRIME ........................................................................................................... 10 A. Following Newman, the -
The Promise of Education
THE PROMISE OF EDUCATION ANNUAL REPORT | 2017 Pratham has crafted its strategy thoughtfully and has EVERY CHILD carefully grounded that strategy IN SCHOOL AND in a proven theory of change. LEARNING WELL Of the 26 million Indian children who enter first Our rigorously tested, scalable solutions transform grade each year, half will reach fifth grade unable to academic achievements, self-confidence and life read or write. Founded in partnership with UNICEF trajectories. and the Mumbai Municipal Corporation, Pratham has worked for over two decades to address this Fundamental to our approach is the engagement of education crisis. community stakeholders, government and industry to maximize our impact. Pratham’s low-cost methods We believe that all children deserve access to are versatile and replicable, allowing them to be a quality education and the opportunity to fulfill adapted efficiently and effectively by partners locally their potential. and statewide. A version of this quotation initially appeared in Engine of Impact: Essentials of Strategic Leadership in the Nonprofit Sector by William F. Meehan III and Kim Starkey Jonker. By moving beyond the traditional classroom Our network of dedicated volunteers and educators model and teaching children at the right level, extends—from house to village—from district to rather than grouping them by age, we redefine state—across all of India—with a common goal: This annual report covers the activities of Pratham USA during the period of January 1, 2017 to December 31, 2017. how students learn. every child in school and learning well. However, Pratham’s program statistics reflect data from the 2017-2018 Indian school year. -
The Future of the Firm
Schumpeter The future of the Firm McKinsey looks set to stay top of the heap in management consulting Sep 21st 2013 | From the print edition IT IS one of the engines of global capitalism. Not only does McKinsey provide advice to most of the world’s leading companies (and governments). It also pioneered the idea that business is a profession rather than a mere trade—and a profession that thrives on raw brainpower more than specialist industry knowledge or plain old common sense. Yet McKinsey’s name has suffered a succession of blows in the past 15 years. The Firm, as it calls itself, was deeply involved in the Enron debacle: the energy company’s boss, Jeff Skilling, was a McKinsey veteran who praised the consultancy for doing “God’s work”, and the McKinsey Quarterly published articles on Enron as enthusiastically as Hello! runs pieces about the Beckhams. In 2010 Anil Kumar, a McKinsey consultant, admitted passing inside information to Raj Rajaratnam of Galleon, a hedge fund. Last year Rajat Gupta, a former McKinsey managing partner, was also convicted of passing inside information to Mr Rajaratnam. Life is getting tougher for professional-services firms. Midsized consultancies are already suffering: Monitor Group went bankrupt last year—Deloitte later bought it for $120m—and Booz & Co and Roland Berger are agonising about their futures. If the legal profession is anything to go by, worse is to come: Dewey & LeBoeuf collapsed last year after borrowing heavily in a dash for growth, and other elite law firms are struggling to win business. So, are McKinsey’s best days behind it? Two new publications offer some interesting answers. -
Zerohack Zer0pwn Youranonnews Yevgeniy Anikin Yes Men
Zerohack Zer0Pwn YourAnonNews Yevgeniy Anikin Yes Men YamaTough Xtreme x-Leader xenu xen0nymous www.oem.com.mx www.nytimes.com/pages/world/asia/index.html www.informador.com.mx www.futuregov.asia www.cronica.com.mx www.asiapacificsecuritymagazine.com Worm Wolfy Withdrawal* WillyFoReal Wikileaks IRC 88.80.16.13/9999 IRC Channel WikiLeaks WiiSpellWhy whitekidney Wells Fargo weed WallRoad w0rmware Vulnerability Vladislav Khorokhorin Visa Inc. Virus Virgin Islands "Viewpointe Archive Services, LLC" Versability Verizon Venezuela Vegas Vatican City USB US Trust US Bankcorp Uruguay Uran0n unusedcrayon United Kingdom UnicormCr3w unfittoprint unelected.org UndisclosedAnon Ukraine UGNazi ua_musti_1905 U.S. Bankcorp TYLER Turkey trosec113 Trojan Horse Trojan Trivette TriCk Tribalzer0 Transnistria transaction Traitor traffic court Tradecraft Trade Secrets "Total System Services, Inc." Topiary Top Secret Tom Stracener TibitXimer Thumb Drive Thomson Reuters TheWikiBoat thepeoplescause the_infecti0n The Unknowns The UnderTaker The Syrian electronic army The Jokerhack Thailand ThaCosmo th3j35t3r testeux1 TEST Telecomix TehWongZ Teddy Bigglesworth TeaMp0isoN TeamHav0k Team Ghost Shell Team Digi7al tdl4 taxes TARP tango down Tampa Tammy Shapiro Taiwan Tabu T0x1c t0wN T.A.R.P. Syrian Electronic Army syndiv Symantec Corporation Switzerland Swingers Club SWIFT Sweden Swan SwaggSec Swagg Security "SunGard Data Systems, Inc." Stuxnet Stringer Streamroller Stole* Sterlok SteelAnne st0rm SQLi Spyware Spying Spydevilz Spy Camera Sposed Spook Spoofing Splendide -
Branding in Ponzi Investment Schemes by Yaron Sher Thesis Bachelors of Honours in Strategic Brand Communication Vega School Of
BRANDING IN PONZI INVESTMENT SCHEMES BY YARON SHER THESIS SUBMITTED IN THE FUFILLMENT OF THE REQUIREMENTS OF THE DEGREE BACHELORS OF HONOURS IN STRATEGIC BRAND COMMUNICATION AT THE VEGA SCHOOL OF BRAND LEADERSHIP JOHANNESBURG SUPERVISOR: NICOLE MASON DATE: 23/10/2015 Acknowledgements First and foremost, I wish to express my thanks to Nicole Mason, my research supervisor, for providing me with all the necessary assistance in completing this research paper. I would also like to give thanks to Jenna Echakowitz and Alison Cordeiro for their assistance in the construction of my research activation and presentation. I take this opportunity to express gratitude to all faculty members at Vega School of Brand Leadership Johannesburg for their help and support. I would like thank my family especially my parents Dafna and Manfred Sher for their love and encouragement. I am also grateful to my girlfriend Cayli Smith who provided me with the necessary support throughout this particular period. I also like to place on record, my sense of gratitude to one and all, who directly or indirectly, have helped me in this producing this research study. Page 2 of 60 Abstract The subject field that involves illegal investment schemes such as the Ponzi scheme is an issue that creates a significant negative issues in today’s society. The issue results in forcing financial investors to question their relationship and trust with certain individuals who manage their investments. This issue also forces investors, as well as society, to question the ethics of people, especially those involved in investments who operate their brand within the financial sector. -
Drug Enforcement Administration FOIA Request Logs, FY2011-2016
Drug Enforcement Administration FOIA request logs, FY2011-2016 Brought to you by AltGov2 www.altgov2.org/FOIALand Received between 10/01/2010 and 09/30/2011 Request ID Received Date Closed Date Request Description Final Disposition 10/1/2010 4/30/2012 ANY AND ALL DOCUMENTS AND INFORMATION Granted/Denied in Part REGARDING AIRCRAFT BEECRAFT KING AIR 200 TAIL/ID #N642TF. ETC. 11-00001-F 8/2/2011 8/2/2011 INFORMATION CONCERNING THE "COCAINE Other Reasons - Records not reasonably 11-00002-F DRUG STATUE" described 6/22/2011 6/22/2011 INFORMATION REGARDING ILLEGAL DRUG Other Reasons - "Refusal to comply with other ACTIVITIES BETWEEN FLORIDA AND BILLERICA, requirements - Identification..." MA THAT WAS REPORTED TO DEA BY THE BOSTON, MA FIELD INTELLIGENCE SUPPORT 11-00003-F TEAMS (FIST) (SEPTEMBER 2005) 10/5/2010 6/29/2011 ANY AND ALL REPORTS, NOTICES OF LOSS Granted in full AND/OR FILINGS OF ANY SORT PERTAINING TO THE HAMPSTEAD PHARMACY, INC. AND/OR HAMPSTEAD MEDICAL CENTER LOCATED AT 14980 US WEST HIGHWAY 17, NORTH 11-00004-F HAMPSTEAD, NORTH CAROLINA 28443 10/5/2010 6/24/2011 COPIES OF THE "OATH OF OFFICE" FOR THE Granted/Denied in Part (b)(6), DEA SPECIAL AGENTS, FOR THE U.S. DEPARTMENT OF JUSTICE , DRUG ENFORCEMENT ADMINISTRATION'S LAKE MARY/HEATHROW 11-00005-F OFFICE IN FLORIDA 10/5/2010 6/27/2011 STRIDE DATA ON MARIJUANA FOR ALL YEARS Other Reasons - Request Withdrawn 11-00006-F AVAILABLE 10/5/2010 11/29/2010 ANY AND ALL RECORSD IN POSSESSION, Other Reasons - "Refusal to comply with other CUSTODY, OR CONTROL OF THE DRUG requirements - Identification..." ENFORCEMENT ADMINISTRATION THAT REFER TO, RELATE, TO OR MENTION (b)(6), ETC. -
Inside Mckinsey - FT.Com
Inside McKinsey - FT.com http://www.ft.com/intl/cms/s/2/0d506e0e-1583-11e1-b9b8-00144feabd... November 25, 2011 9:32 pm By Andrew Hill 'We will never forget it,' Dominic Barton, global managing director of McKinsey, speaking about the Rajat Gupta and Anil Kumar affairs hen 1,200 partners of McKinsey&Company – the elite of global consulting – arrived at the Gaylord National Hotel & Convention Center, outside Washington DC, early on the morning of March 15 this year, they found themselves where they least wanted to be: at the centre of a media firestorm. Up the east coast, in a Manhattan courtroom, an insider trading case was focusing attention on the links between key former employees of the world’s best-known, most prestigious, most self-consciously high-minded consulting firm and a corrupt hedge fund 1 of 13 27/11/2011 8:37 PM Inside McKinsey - FT.com http://www.ft.com/intl/cms/s/2/0d506e0e-1583-11e1-b9b8-00144feabd... boss. For outsiders, intrigued by and suspicious of the McKinsey mystique, it was an irresistible combination. For partners, most of whom had flown into Washington from their offices around the globe for the scheduled annual meeting, it was a public embarrassment, a private outrage – and even a potential threat to the future of “the Firm”, as McKinseyites call their employer. “You can’t underestimate the shock, the disbelief and anger there,” recalls one McKinsey veteran. As Dominic Barton, the Firm’s personable global managing director, brought the opening plenary session to order, the older partners were “completely ashen-faced”, the same person recalls.