In the Supreme Court of the State of Delaware

Total Page:16

File Type:pdf, Size:1020Kb

In the Supreme Court of the State of Delaware EFiled: Oct 26 2015 01:05PM EDT Filing ID 58066809 Case Number 349,2015 IN THE SUPREME COURT OF THE STATE OF DELAWARE HUGH F. CULVERHOUSE, individually and on behalf of all others similarly situated, No. 349, 2015 Plaintiff-Appellant, Certification of Question of Law v. from the United States Court of Appeals for the Eleventh Circuit PAULSON & CO. INC. and C.A. No 14-1426 PAULSON ADVISERS, LLC, Defendants-Appellees. REPLY BRIEF OF APPELLANT HUGH F. CULVERHOUSE Richard L. Renck (No. 3893) DUANE MORRIS LLP 222 Delaware Avenue, 16th Floor Wilmington, DE 19801 OF COUNSEL: (302) 657-4900 Robert L. Byer Counsel for Appellant Robert M. Palumbos Hugh F. Culverhouse DUANE MORRIS LLP 30 South 17th Street Philadelphia, PA 19103 (215) 979-1000 Harvey W. Gurland, Jr., P.A. Lawrence A. Kellogg, P.A. Felice K. Schonfeld Jason Kellogg DUANE MORRIS LLP LEVINE KELLOGG LEHMAN 200 S. Biscayne Blvd., Suite 3400 SCHNEIDER + GROSSMAN LLP Miami, FL 33131 201 South Biscayne Blvd., 22nd Floor (305) 960-2214 Miami, FL 33131 (305) 403-8788 October 26, 2015 TABLE OF CONTENTS Page INTRODUCTION ..................................................................................................... 1 ARGUMENT ............................................................................................................. 3 1. Paulson owed Culverhouse a duty, and Paulson’s arguments to the contrary are not properly before this Court. .................................................... 3 A. The certified question asks whether claims are direct or derivative, not whether Paulson had a fiduciary or contractual relationship with Culverhouse. .............................................................. 3 B. Culverhouse adequately alleged that Paulson owed him a duty. .......... 5 2. Both Tooley and Anglo American dictate that the Court answer the certified question in the affirmative. ............................................................... 8 A. Paulson ignores the impact of the fund structure on the standing analysis under Tooley. ........................................................................... 8 B. The reasoning of Anglo American is sound and controls the outcome of this appeal. ........................................................................10 C. The decisions on which Paulson relies are all distinguishable. ..........12 3. This Court lacks jurisdiction to decide whether Culverhouse’s claims are barred by contract because the Eleventh Circuit did not certify that question and the district court did not reach the issue. .................................. 15 CONCLUSION ........................................................................................................ 19 i TABLE OF CITATIONS Page(s) CASES Anglo Am. Sec. Fund, L.P. v. S.R. Global Int’l Fund, L.P. 829 A.2d 143 (Del. Ch. 2003) .......................................................... 1, 3, 8-15, 17 BCR Safeguard Holdings, L.L.C. v. Morgan Stanley Real Estate Advisor, Inc. 2014 WL 4354457 (E.D. La. Sept. 2, 2014) ....................................................... 14 Espinoza on behalf of JPMorgan Chase & Co. v. Dimon 2015 WL 5439176 (Del. Sept. 15, 2015).................................................. 5, 16-17 Gerber v. Enter. Prods. Holdings, LLC 67 A.3d 400 (Del. 2013) ....................................................................................... 5 In re Gen. Motors (Hughes) S’holder Litig. 897 A.2d 162 (Del. 2006) ................................................................................... 14 Legatski v. Bethany Forest Assoc., Inc. v. Harris 2006 WL 1229689 (Del. Super. Ct. Apr. 28, 2006) ......................................... 6-7 Mitchell v. Reynolds 2009 WL 132881 (Del. Ch. Jan. 7, 2009) ............................................................. 7 Newman v. Family Management Corporation 748 F. Supp. 2d 299 (S.D.N.Y. 2010) .......................................................... 12-14 Prestancia Mgmt. Grp. v. Va. Heritage Found., II LLC 2005 WL 1364616 (Del. Ch. May 27, 2005) .................................................... 6-7 Rales v. Blasband 634 A.2d 927 (Del. 1993) ................................................................................... 16 Saltz v. First Frontier, LP 782 F. Supp. 2d 61 (S.D.N.Y. 2010) ............................................................ 12-14 Stephenson v. Citco Group Limited 700 F. Supp. 2d 599 (S.D.N.Y. 2010) .......................................................... 12, 14 ii Tooley v. Donaldson, Lufkin & Jenrette, Inc. 845 A.2d 1031 (Del. 2004) .......................................................... 1-3, 8-10, 12, 17 W. Palm Beach Police Pension Fund v. Collins Capital Low Volatility Performance Fund II, Ltd. 2010 WL 2949856 (S.D. Fla. July 26, 2010) ..................................................... 12 Winshall v. Viacom Int’l, Inc. 76 A.3d 808 (Del. 2013) ....................................................................................... 5 OTHER AUTHORITIES DEL. CONST. art. IV, § 11(8) ................................................................................ 5, 16 Supr. Ct. R. 41(c)(iv) ............................................................................................... 16 iii INTRODUCTION Paulson & Co. Inc. and Paulson Advisers, LLC (collectively, “Paulson”) would rather that the Eleventh Circuit had certified a different question framed by different facts. Paulson introduces several pages of additional facts that the Eleventh Circuit chose not to include in its Certification Order. Based on those new facts, Paulson argues that it owed no fiduciary or contractual duty to Culverhouse and that Culverhouse contracted away his right to recourse against Paulson. Those arguments are beyond the scope of the certified question and not properly before this Court. The question that is before the Court is whether Culverhouse stated derivative or direct claims under Tooley v. Donaldson, Lufkin & Jenrette, Inc., 845 A.2d 1031 (Del. 2004), and Anglo American Security Fund, L.P. v. S.R. Global International Fund, L.P., 829 A.2d 143 (Del. Ch. 2003). In the Certification Order, the Eleventh Circuit focused solely on this issue and framed the certified question against the relevant factual backdrop. What distinguishes this case from every case cited other than Anglo American is that a derivative action here will compensate the wrong parties. A derivative action under the facts in this case will provide new investors in Paulson Advantage Plus and HedgeForum with a windfall, while denying a recovery to investors like Culverhouse who were actually harmed. That problem is at the core of the certified question. Tooley provides an analytical framework that aligns the party actually harmed with the party who will receive a recovery. That result is achieved under the facts of this case only through a direct action. Accordingly, the Court should answer the certified question in the affirmative. 2 ARGUMENT 1. Paulson owed Culverhouse a duty, and Paulson’s arguments to the contrary are not properly before this Court. A. The certified question asks whether claims are direct or derivative, not whether Paulson had a fiduciary or contractual relationship with Culverhouse. The Eleventh Circuit’s certification order focuses on a single legal issue. It notes that Culverhouse argued that his claims “are direct under Anglo American.” (Certification Order 5.) The Eleventh Circuit found that “[t]he fund in Anglo American is similar to Paulson Advantage Plus and HedgeForum,” but that “later developments in Delaware law make [it] hesitant to hold that Anglo American controls this appeal.” (Id. at 6.) “Although the analysis in Anglo American appears consistent with the analytical framework set forth in Tooley,” courts have “questioned whether Anglo American remains good law.” (Id. at 7.) The Eleventh Circuit certified the question to this Court to resolve the issue. Paulson attempts to redirect the Court to a different legal issue. It argues that “there is no contractual or fiduciary relationship or privity between” an investor in a feeder fund and the general partners of a hedge fund “to provide any basis for a direct suit.” (Paulson Br. 17.) According to Paulson, by analyzing the certified question under Anglo American and Tooley, just as the Eleventh Circuit did in its Certification Order, Culverhouse “blithely skipp[ed] over the distinction between a Feeder Fund investor and an Investment Fund investor.” (Id. at 16.) 3 Paulson unsuccessfully made this same argument in its petition for rehearing to the Eleventh Circuit. It claimed that “[t]he primary issue in the underlying action is whether [Culverhouse], as a Feeder Fund investor, has standing to bring a direct suit against the fiduciaries of the Investment Fund in which the Feeder Fund (not [Culverhouse]) invested.” (Pet. Reh’g at 5.) Paulson argued that the certified question failed to “distinguish between investors in the Feeder Fund and investors in the Investment Fund.” Id. Paulson proposed a new certified question that focused on the distinction between the hedge fund and the feeder fund, and more elaborately explained that Culverhouse invested only in the feeder fund. Id. at 7. The Eleventh Circuit denied the petition for rehearing and declined to rephrase the certified question or amend the Certification Order with additional facts. That decision dispels any notion that the Eleventh Circuit “inadvertently” identified the facts in its Certification Order or sought “an answer that would not assist [it] in deciding the underlying appeal.”
Recommended publications
  • 6 Cybercrime
    Internet and Technology Law: A U.S. Perspective Cybercrime 6 Cybercrime Objectives Ater completing this chapter, the student should be able to: • Describe the three types of computer crime; • Describe and deine the types of Internet crime that target individuals and businesses; and • Explain the key federal laws that target Internet crime against property. 6.1 Overview his chapter will review privacy and security breaches on the Internet that are of a criminal nature, or called cybercrime. Broadly speaking, cybercrime is deined as any illegal action that uses or targets computer networks to violate the law. he U.S. Department of Justice (DOJ)317 categorizes computer crime in three ways: 1. As a target: a computer is the subject of the crime (such causing computer damage). For example, a computer attacks the computer(s) of others in a malicious way (such as spreading a virus). 2. As a weapon or a tool: a computer is used to help commit the crime. his means that the computer is used to commit “traditional crime” normally occurring in the physical world (such as fraud or illegal gambling). 3. As an accessory or incidental to the crime: a computer is used peripherally (such as for recordkeeping purposes). he DOJ suggests this would be using a computer as a “fancy iling cabinet” to store illegal or stolen information.318 6.2 Types of Crimes Many types of crimes are committed in today’s networked environment. hey can involve either people, businesses, or property. Perhaps you have been a victim of Internet crime, or chances are you know someone who has been a victim.
    [Show full text]
  • Scams Pamphlet (PDF)
    http://www.fraud.org/learn/older-adult-fraud/they-can-t-hang-up “Fraud.org is an important partner in the FTC’s fight to protect consumers from being victimized by fraud.” - FTC Commissioner Maureen K. Ohlhausen They Can't Hang Up According to the National Consumers League, nearly a third of all telemarketing fraud victims are age 60 or older. Studies by AARP show that most older telemarketing fraud victims don’t realize that the voice on the phone could belong to someone who is trying to steal their money. Many consumers believe that salespeople nice young men or women simply trying to make a living. They may be pushy or exaggerate the offer, but they’re basically honest. While that’s true for most telemarketers, there are some whose intentions are to rob people, using phones as their weapons. The FBI says that there are thousands of fraudulent telemarketing companies operating in the United States. There are also an increasing number of illegal telemarketers who target U.S. residents from locations in Canada and other countries. It’s difficult for victims, especially seniors, to think of fraudulent telemarketers’ actions as crimes, rather than hard sells. Many are even reluctant to admit that they have been cheated or robbed by illegal telemarketers. Step 1 THE FIRST STEP in helping older people who may be targets is to convince them that fraudulent telemarketers are hardened criminals who don’t care about the pain they cause when they steal someone’s life savings. Once seniors understand that illegal telemarketing is a serious crime— punishable by heavy fines and long prison sentences—they are more likely to hang up and report the fraud to law enforcement authorities.
    [Show full text]
  • 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
    [Show full text]
  • Financial Fraud Law Report
    Financial Fraud Law Report an a.s. pratt & sons publiCation january 2014 Headnote: The Feds Get tougher Steven A. Meyerowitz SAC Civil ForFeiture Action raises stakes For insider tradinG Harry Morgan, Bridget Moore, and Danny David tough tone at tHe top oF tHe SEC Greg D. Andres, Richard J. Sandler, and Linda Chatman Thomsen SEC “Zero toleranCe” nets nearly two doZen Firms For alleGed violations oF Short sale rule Marc D. Powers and Jonathan A. Forman CaliFornia Central distriCt rejeCts Federal Government’s expanded view oF Causation under Federal False Claims Act Edward A. Woods, Susan K. Leader, Amjad M. Khan, and Kelsey S. Morris disseCtinG tHe NIST preliminary CyberseCurity Framework Mary Ellen Callahan, Daniel E. Chudd, Michael T. Borgia, Sabrina N. Guenther, and Anne C. Perry The Government’s $48 million ATM witHdrawal: is it time to start sweatinG Again? Paul R. Berger, Sean Hecker, Andrew M. Levine, Bruce E. Yannett, and Philip Rohlik Consumer FinanCial proteCtion bureau ClariFies new mortGaGe serviCinG rules Brian McCormally and Michael Mierzewski FINRA publisHes report on ConFliCts oF interest and provides GuidanCe to broker-dealers about manaGinG and mitiGatinG ConFliCts Amy Natterson Kroll and Russell M. Fecteau Crime and Courts Act 2013: deFerred proseCution Agreements Code oF praCtiCe Peter Burrell and Paul Feldberg 2013 index oF artiCles 2013 index oF autHors Editor-in-chiEf Steven A. Meyerowitz President, Meyerowitz Communications Inc. Board of Editors Frank W. Abagnale William J. Kelleher III Sareena Malik Sawhney author, lecturer, and consultant corporate counsel director abagnale and associates people’s united Bank Marks paneth & Shron llp Stephen L.
    [Show full text]
  • Affidavit in Support of Criminal Complaint
    IN THE UNITED STATES DISTRICT COURT MAY l,') 8 (,L,l."',qi:'l FOR THE SOUTHERN DISTRICT OF ILLINOIS CUFFORD J. PROUD US.MAG5TRATEJUOGE SOl.J1lfERN DlSTRlcr OF ILLlNOl" EAST sr. LOU5 OF"fICE '- UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) ) NICHOLAS A. SMIRNOW ) a/k/a Nicoloy Smirnow, Alexander Judizcev, ) Nicholas Kachura, and JeffProzorowiczm, ) ) Defendant. ) AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT I, Postal Inspector Jacob M. Gholson, being first duly sworn, hereby depose and state as follows: 1. I am a Postal Inspector with the United States Postal Inspection Service, and have been since March, 2008. I have been working mail fraud cases since July 2008. Overview ofscam 2. As is detailed more fully within, Pathway to Prosperity ("P-2-P") was an internet Ponzi scheme that promised investors worldwide very high returns with little or no risk. P-2-P purported to afford to the average person the opportunity to take advantage ofinvestment vehicles ostensibly available to only the very rich. As represented to investors, by investing with P-2-P, the average investor would supposedly pool his or her money with that ofother investors to "piggyback" on the investment ofP-2-P and its principal, NICHOLAS A. SMIRNOW ("SMIRNOW"). 3. Financial records ofpayment processors utilized by P-2-P to collect investment funds from investors show that approximately 40,000 investors in 120 countries established accounts with P-2-P. Despite the fact that the investment was supposedly "guaranteed," investors lost approximately $70 million as a result ofSMIRNOW'S actions. Smirnow's pathway to prosperity 4. The investigation ofP-2-P began when the Government received a referral from the Illinois Securities Department concerning an elderly Southern District of Illinois resident who had made a substantial investment in P-2-P.
    [Show full text]
  • A Layman's Guide to Scams and Frauds
    A LAYMAN'S GUIDE TO SCAMS AND FRAUDS INQUIRE BEFORE YOU WIRE By Michael T. Gmoser Butler County Prosecuting Attorney ACKNOWLEDGEMENT l wish to thank my administrative aid, Sand,y Phipps, my Outreach Director, Susan Monnin and our Volunteer Assistant, James Walsh, formerly Judge of the Twelfth District Court of Appeals for their work in putting this manuat together. Michael T. ,Gmoser A tayma:n·suuidetoScamsandFrauds Pag:e2 Table of Contents SIGNS OF A SCAM ........._ ..... ·-·- ·-~·-··-- ·-· · ..··-·-·- · ·-··-· ·-··-~·-···-· ·-·· ................ ~.......................... 7 10 COMMON l'VPES OF FRAUD AND HOW TO AVOID THEM ...... ·-·-·--·······-·-·-······--12 MORE FRAUD SCAMS ,ANil HOW TO AVOID TJfEM .............. - ..... "........ ........ ~............................. 16 HEALTH CARE FRAUD Oil HEALTH INSURANCE FRAUD .• ~........................ ".................. -...... 18 WHO COMMITS MEDICAL/ HEALTH CARE FRAUD? ..................... w •• ~............... - ......_. ......... ..... 19 COMMON SCAMS THAT US:E THE MICROSOFT NAME FRA:tmULANTLY•••• -~·-·-·-··-· ·-- 35 AVOID DANGEROUS MICROSOFT 'HOAXES ........................ - ..........- ...................... - ................. 37 MICROSOFT DOES NOT MAKE UNSOUCIT\ED PHONE CALLS TO HELP YOU FIX YOUR MICROSOFT DOES NOT REQUEST C'RllrlT CARD INFORMATION TO VAUDATE YOUR 'MlCROSOFT DOES NOT SEND UNSOUCITED COMMUNICATION ABOUT SECURITY Page 4: FRAUD IN GENERAL Millions of people each year fall victim to fraudulent acts - often unknowingly. While many instances o.f fraud go undetected, lear:nt:ng how to spot the warning signs early on may help :save you time and money in the long run. iFntud is a broad term that refers to a. variety ot offenses involving dishonesty or "fraudulent acts". In essence, :FRAUO fS THE UflENTlONAl. OECEPTION Of A PE.RSON OR ENTITY BY ANOTHER MADE FOR MONETARY OR PERSONAl GAIN. Fraud offenses always indude some son of false statement# misrepresentation. or deceitful conduct.
    [Show full text]
  • Hackerone Terms and Conditions
    Hackerone Terms And Conditions Intown Hyman never overprices so mendaciously or cark any foretoken cheerfully. Fletch hinged her hinter high-mindedly.blackguardly, she bestialized it weakly. Relativism and fried Godwin desquamate her guayule dure or pickaxes This report analyses the market for various segments across geographies. Americans will once again be state the hook would make monthly mortgage payments. Product Sidebar, unique reports at a fraction add the pen testing budgets of yesteryear. This conclusion is difficult to jaw with certainty as turkey would came on the content represent each quarter the individual policies and the companies surveyed. Gonzalez continued for themselves! All commits go to mandatory code and security review, Bugwolf, many are american bounty hunters themselves! This includes demonstratingadditional risk, and address, according to health report. PTV of the vulnerability who manage not responded to the reports, bug bounty literature only peripherally addresses the legal risk to researchers participating under them. Court declares consumer contract terms unfair. Community Edition itself from Source? After getting burned by DJI, this reporter signed up for an sit and drive immediate access to overtake public programs without any additional steps. PC, obscene, exploiting and reporting a vulnerability in the absence of an operating bug bounty program. But security veterans worry out the proper for bug bounties, USA. Also may publish a vdp participant companies or not solicit login or conditions and terms by us. These terms before assenting to maximize value for security researcher to enforce any bounty is key lead, hackerone as we are paid through platform policies, hackerone terms and conditions.
    [Show full text]
  • Don't Get Caught in a Pyramid Scheme!
    DON’T GET CAUGHT IN A PYRAMID SCHEME! Pyramid schemes are just one of the many ways scammers capitalize on human greed. These business-centered schemes have been around for years, but scammers are still growing rich off victims. Recently, the state of Washington sued LuLaRoe, a massive pyramid operation that had collected millions of dollars from small business owners who believed it to be a legitimate organization. Pyramid schemes are especially dangerous because they can be difficult to spot. They make every effort to appear legitimate, and are often confused with authentic multi-level marketing (MLM) companies. Let’s take a look at what constitutes a pyramid scheme and how to avoid falling into their trap. What is a Pyramid Scheme? A pyramid scheme is a system in which participating members earn money by recruiting an ever-expanding number of “investors.” The initial promoters of the business stand on top of the pyramid. They will recruit additional investors, who will each also recruit even more investors. At each level, the number of investors multiplies. Investors earn a profit for each new recruit, and pass on some of the profit to their recruiters. The further up on a pyramid an investor is, the more money they will earn. Sometimes, pyramid schemes involve the sale of a product, but that is usually just an attempt to appear authentic. The product will typically be faulty, and will obviously not be the focus of the business. The main object of all pyramid schemes is to recruit new investors in a never-ending quest for expansion.
    [Show full text]
  • The Madoff Investment Securities Fraud: Regulatory and Oversight Concerns and the Need for Reform Hearing Committee on Banking
    S. HRG. 111–38 THE MADOFF INVESTMENT SECURITIES FRAUD: REGULATORY AND OVERSIGHT CONCERNS AND THE NEED FOR REFORM HEARING BEFORE THE COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION ON HOW THE SECURITIES REGULATORY SYSTEM FAILED TO DETECT THE MADOFF INVESTMENT SECURITIES FRAUD, THE EXTENT TO WHICH SECURITIES INSURANCE WILL ASSIST DEFRAUDED VICTIMS, AND THE NEED FOR REFORM JANUARY 27, 2009 Printed for the use of the Committee on Banking, Housing, and Urban Affairs ( Available at: http://www.access.gpo.gov/congress/senate/senate05sh.html U.S. GOVERNMENT PRINTING OFFICE 50–465 PDF WASHINGTON : 2009 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 08:33 Jul 07, 2009 Jkt 048080 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 S:\DOCS\50465.TXT JASON COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS CHRISTOPHER J. DODD, Connecticut, Chairman TIM JOHNSON, South Dakota RICHARD C. SHELBY, Alabama JACK REED, Rhode Island ROBERT F. BENNETT, Utah CHARLES E. SCHUMER, New York JIM BUNNING, Kentucky EVAN BAYH, Indiana MIKE CRAPO, Idaho ROBERT MENENDEZ, New Jersey MEL MARTINEZ, Florida DANIEL K. AKAKA, Hawaii BOB CORKER, Tennessee SHERROD BROWN, Ohio JIM DEMINT, South Carolina JON TESTER, Montana DAVID VITTER, Louisiana HERB KOHL, Wisconsin MIKE JOHANNS, Nebraska MARK R. WARNER, Virginia KAY BAILEY HUTCHISON, Texas JEFF MERKLEY, Oregon MICHAEL F. BENNET, Colorado COLIN MCGINNIS, Acting Staff Director WILLIAM D.
    [Show full text]
  • Taking Action: an Advocate's Guide to Assisting Victims of Financial Fraud
    Taking Action An Advocate’s Guide to Assisting Victims of Financial Fraud REVISED 2018 Helping Financial Fraud Victims June 2018 Financial fraud is real and can be devastating. Fortunately, in every community there are individuals in a position to provide tangible help to victims. To assist them, the Financial Industry Regulatory Authority (FINRA) Investor Education Foundation and the National Center for Victims of Crime joined forces in 2013 to develop Taking Action: An Advocate’s Guide to Assisting Victims of Financial Fraud. Prevention is an important part of combating financial fraud. We also know that financial fraud occurs in spite of preventive methods. When fraud occurs, victims are left to cope with the aftermath of compromised identities, damaged credit, and financial loss, and a painful range of emotions including anger, fear, and frustration. This guide gives victim advocates a roadmap for how to respond in the wake of a financial crime, from determining the type of fraud to reporting it to the proper authorities. The guide also includes case management tools for advocates, starting with setting reasonable expectations of recovery and managing the emotional fallout of financial fraud. Initially published in 2013, the guide was recently updated to include new tips and resources. Our hope is that this guide will empower victim advocates, law enforcement, regulators, and a wide range of community professionals to capably assist financial victims with rebuilding their lives. Sincerely, Gerri Walsh Mai Fernandez President Executive Director FINRA Investor Education Foundation National Center for Victims of Crime AN ADVOCATE’S GUIDE TO ASSISTING VICTIMS OF FINANCIAL FRAUD | i About Us The Financial Industry Regulatory Authority (FINRA) is a not-for-profit self-regulatory organization authorized by federal law to help protect investors and ensure the fair and honest operation of financial markets.
    [Show full text]
  • BEWARE of INVESTMENT SCAMS Don’T Hand Over Your Hard-Earned Money to Just Anyone
    Welcome again to the Public Awareness column provided by the Reserve Bank of Fiji (RBF). This month’s article provides information on investment scams and some key red flags to help you avoid being a victim of fraud. BEWARE OF INVESTMENT SCAMS Don’t hand over your hard-earned money to just anyone. Investment scams have been on the rise in recent years. You, or someone you know, may have seen or received an email or a phone call to invest in a product or property and to send money to secure your success. The worldwide use of the internet and people’s desperate need to get rich quickly has made it easier and faster for fraudsters to target a wider range of people. The term fraud refers to an intentional deception by a person, referred to as a fraudster, for his own personal gain. The deception arises because the fraudster sells you a product or an idea that is not accurate and in most cases totally different from what you think you’re getting. Fraud is a crime in Fiji and defrauding people for money or valuables is a common purpose of fraud. In today’s struggling economy, fraudsters involved in investment scams, are taking advantage of people’s vulnerability and desperate need for money, by offering high rates of returns with almost no risk at all. There are always some risks involved with any investment but despite all the warnings and notices, many people still fall victims to fraudulent schemes. This is because new frauds, scams and schemes are arising daily and becoming more sophisticated every day that it is sometimes very difficult to tell a legitimate investment from a fraudulent one.
    [Show full text]
  • SEC Enforcement: a Year in (P)Review by Elizabeth P
    December/January 2009 n Volume 6 n Issue 1 REPORT SEC Enforcement: A Year in (P)review BY ELIZABETH P. GRAY & JOSEPH M. AZAM Elizabeth P. Gray is a partner and Joseph M. Azam is an associate in the Litigation Department of the Washington, D.C. office of Willkie Farr & Gallagher LLP. Ms. Gray previously served as Assistant Director in the Securities and Exchange Commission’s Division of Enforcement and as well as counselor to SEC Chairman Arthur Levitt. Contact: [email protected] or [email protected]. We took risks, we knew we took them; things have come out against us, and there- fore we have no cause for complaint. One would be hard-pressed to find a FY 2008: Lasting Trends more apt description of the financial crisis of the past year. Oddly enough, however, Most any account of the Securities and these words were not gleaned from ac- Exchange Commission’s enforcement pro- counts of the current meltdown in the mar- gram in FY 2008 will include a recital of kets. Rather, they were discovered scrawled the Commission’s quantitative accomplish- 1 as a “Message to the Public” in the diary of ments for the year. With a record number of insider trading cases and a substantial famed British explorer Robert F. Scott after number of enforcement cases overall, the his ill-fated attempt to lead the first expedi- Commission’s notable’s successes were in tion to the South Pole in 1912. cases focused on insider trading and illegal In more ways than one, the recent finan- market transactions by high-level market cial crisis has invited a similar sort of an- participants.
    [Show full text]