Angels and Demons Highlighting the Best and Worst of the Financial World
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Barry Minkow
Barry Minkow Barry Jay Minkow (born March 17, 1967) is a former businessman, pastor and convicted felon. While still in high school, he founded ZZZZ Best (pronounced Zee Best), which appeared to be an immensely successful carpet-cleaning and restoration company. However, it was actually a front to attract investment for a massive Ponzi scheme. It collapsed in 1987, costing investors and lenders $100 million—one of the largest investment frauds ever perpetrated by a single person, as well as one of the largest accounting frauds in history. The scheme is often used as a case study of accounting fraud. After being released from jail, Minkow became a preacher and a fraud investigator, and spoke at schools about ethics. This all came to an end in 2011, when he admitted to helping deliberately drive down the stock price of homebuilder Lennar and was ordered back to prison. At first, Minkow struggled to meet basic expenses. Two banks closed his business account because California law didn't allow minors to sign binding contracts, including checks. He was also plagued by customer complaints and demands for payment from suppliers. At times, he found it difficult even to meet payroll. Faced with a shortage of operating capital, he financed his business via check kiting, stealing and selling his grandmother's jewelry, staging break-ins at his offices, and running up fraudulent credit card charges. After that, Minkow branched into the "insurance restoration" business. With the help of Tom Padgett, an insurance claims adjuster, Minkow forged numerous documents claiming that ZZZZ Best was involved in numerous restoration projects for Padgett's company. -
Gary Zeune: [00:00:00] Every Fraud That We Talk About Is a Situation Where Really Smart People to Do Really Stupid Stuff
Gary Zeune: [00:00:00] Every fraud that we talk about is a situation where really smart people to do really stupid stuff. Peter Margaritis: [00:00:17] Welcome to Change Your Mindset Podcast, formerly known as Improv is No Joke, where it's all about believing that strong communication skills are the best way in delivering your technical accounting knowledge and growing your business. An effective way of building stronger communication skills is by embracing the principles of applied improvisation. Peter Margaritis: [00:00:37] Your host is Peter Margaritis, CPA, a.k.a. The Accidental Accountant. And he will interview financial professionals and business leaders to find their secret in building stronger relationships with their clients, customers, associates, and peers, all the while growing their businesses. So, let's start the show. Peter Margaritis: [00:01:04] Welcome to Episode 21. My guest today is Gary Zeune, CPA. And his consulting practice provide CPAs, attorneys, and executives with hands-on experience in fraud, auditing, and corporate strategy performance improvement. Prior to forming his consulting practice, Gary was an Assistant Vice President of Corporate Finance at the Ohio Company, a Columbus, Ohio investment banking firm. Peter Margaritis: [00:01:30] He also spent more than five years in treasury and Finance at Wendy's International where he was responsible for mergers and acquisitions, financial and SEC reporting, and corporate finance. Gary has the only speaker bureau in the country specializing in white-collar criminals, The Pros and The Cons. His 40 plus ex-con speakers tell their stories of how and why they embezzled, took kickbacks, and cooked the books to the tune of $2.7 billion. -
Ivan Boesky and the Mossad Arms Smuggling Connection
Click here for Full Issue of EIR Volume 13, Number 48, December 5, 1986 Ivan Boesky and the Mossad arms smuggling connection by Joseph Brewda When Wall Street corporate raider Ivan Boesky was indicted Suisse and the Wall Street finn Merrill Lynch, moreover, for "insider trading," on Nov. 14, EIR's would-be journal which managed the sanctioned Mossad-NSC armssmuggling istic competitors insisted that Boesky was an "outsider," to Iran. whose spectacular criminalscams in no way typifiedstandard Wall Street practices. Despite the fact that Boesky's opera tions were dependent on a $1 billion-plus credit line from the elite Drexel Burnham investment house, and had the active cooperation of such powerful establishment firms as Merrill Lynch and First Boston Corporation, Boesky was repeatedly termed a "maverick." The insider trading One year earlier, these same media parroted similarly absurd claims by the U.S. State Department and Israeli gov system and 'Dope, Inc.' ernment that U.S. Naval intelligence employee Jonathan Jay Pollard was only acting as a "rogue operative," when he was The Securities and Exchange Commission can now prove, caught red-handed delivering U.S. classified documents to if it wants to, that Dennis B. Levine, late of Drexel Burn the Israeli embassy in Washington last November. ham Lambert, was merely doing his job in passing insider In fact, Mossad spy Jonathan Pollard and Ivan Boesky information to Ivan Boesky and other arbitrageurs. have much more in common than being victims of the stan Whether he knew he was doing his job, or merely thought dardintelligence-agency and banking-house trick of portray that he was cheating the house, is irrelevant, and might be ing one's captured underling as an "unsanctioned rogue." It impossible to determine. -
The Economics of Cryptocurrency Pump and Dump Schemes
The Economics of Cryptocurrency Pump and Dump Schemes JT Hamrick, Farhang Rouhi, Arghya Mukherjee, Amir Feder, Neil Gandal, Tyler Moore, and Marie Vasek∗ Abstract The surge of interest in cryptocurrencies has been accompanied by a pro- liferation of fraud. This paper examines pump and dump schemes. The recent explosion of nearly 2,000 cryptocurrencies in an unregulated environment has expanded the scope for abuse. We quantify the scope of cryptocurrency pump and dump on Discord and Telegram, two popular group-messaging platforms. We joined all relevant Telegram and Discord groups/channels and identified nearly 5,000 different pumps. Our findings provide the first measure of the scope of pumps and suggest that this phenomenon is widespread and prices often rise significantly. We also examine which factors affect the pump's \suc- cess." 1 Introduction As mainstream finance invests in cryptocurrency assets and as some countries take steps toward legalizing bitcoin as a payment system, it is important to understand how susceptible cryptocurrency markets are to manipulation. This is especially true since cryptocurrency assets are no longer a niche market. The market capitaliza- tion of all cryptocurrencies exceeded $800 Billion at the end of 2017. Even after the huge fall in valuations, the market capitalization of these assets is currently around $140 Billion. This valuation is greater than the fifth largest U.S. commer- cial bank/commercial bank holding company in 2018, Morgan Stanley, which has a market capitalization of approximately $100 Billion.1 In this paper, we examine a particular type of price manipulation: the \pump and dump" scheme. These schemes inflate the price of an asset temporarily so a ∗Hamrick: University of Tulsa, [email protected]. -
Drexel Burnham Lambert Archival Finding Aid
MUSEUM OF AMERICAN FINANCE Drexel Burnham Lambert Archival Finding Aid Museum of American Finance 11/17/2014 Notable Subjects: Drexel Burnham Lambert, I.W. Burnham II, Frederick Joseph, Robert E. Linton, Michael Milken, investment banking, high yield bonds, junk bonds, bankruptcy. Historical Significance Drexel Burnham Lambert was a prominent Wall Street investment bank forced into bankruptcy in 1990. It was founded as a small brokerage firm, Burnham and Company, in 1935 by I.W. “Tubby” Burnham. In 1973 Burnham and Company merged with Drexel Firestone to form Drexel Burnham, and in 1976 it merged with the American arm of the Belgian firm George Bruxelles Lambert and was renamed Drexel Burnham Lambert. By the mid 1980’s DBL was ranked among Wall Street’s top investment banks, employing over 10,000 people. Its success was fueled by its creation of a market for first-issue junk bonds, allowing low-credit companies to raise capital by issuing bonds rather than having to offer their stock. In 1986 DBL came under investigation by the U.S. Securities and Exchange Commission involving insider trading and other illegal trading practices. Under extreme pressure from the government and a subsequent decline in DBL’s business, the company filed for bankruptcy in February of 1990. Scope and Content: The Drexel Burnham Lambert collection at the Museum of American Finance consists of internal company memoranda and correspondence; financial statements of the firm; consolidated income statements; info about profit sharing; info about health care and retirement benefits for employees; DBL Exposure, issues of a publication for employees; settlement with the SEC; Chapter 11 bankruptcy material; DBL Liquidating Trust material; journals and newspaper articles about DBL; DBL objects including banners, t-shirts, buttons, etc. -
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. -
Complete Guide for Trading Pump and Dump Stocks
Complete Guide for Trading Pump and Dump Stocks Pump and dump stocks make me sick and just to be clear I do not trade these setups. When I look at a stock chart I normally see bulls and bears battling to see who will come out on top. However, when I look at a pump and dump stock it just saddens me. For those of you that watched the show Spartacus, it’s like when Gladiators have to fight outside of the arena and in dark alleys. As I see the sharp incline up and subsequent collapse, I think of all the poor souls that have lost IRA accounts, college savings and down payments for their homes. Well in this article, I’m going to cover 2 ways you can profit from these setups and clues a pump and dump scenario is taking place. Before we hit the two strategies, let’s first ground ourselves on the background of pump and dump stocks. What is a Pump and Dump Stock? These are stocks that shoot up like a rocket in a short period of time, only to crash down just as quickly shortly thereafter. The stocks often come out of nowhere and then the buzz on them reaches a feverish pitch. We can break the pump and dump down into three phases. Pump and Dump Phases Phase 1 – The Markup Every phase of the pump and dump scheme are challenging, but phase one is really tricky. The ring of thieves need to come up with an entire plan of attack to drum up excitement for the security but more importantly people pulling out their own cash. -
Investor Capitalism?
University of Michigan Journal of Law Reform Volume 22 1988 Beyond Managerialism: Investor Capitalism? Alfred F. Conard University of Michigan Law School Follow this and additional works at: https://repository.law.umich.edu/mjlr Part of the Business Organizations Law Commons, and the Securities Law Commons Recommended Citation Alfred F. Conard, Beyond Managerialism: Investor Capitalism?, 22 U. MICH. J. L. REFORM 117 (1988). Available at: https://repository.law.umich.edu/mjlr/vol22/iss1/5 This Symposium Article is brought to you for free and open access by the University of Michigan Journal of Law Reform at University of Michigan Law School Scholarship Repository. It has been accepted for inclusion in University of Michigan Journal of Law Reform by an authorized editor of University of Michigan Law School Scholarship Repository. For more information, please contact [email protected]. BEYOND MANAGERIALISM: INVESTOR CAPITALISM? Alfred F. Conard* Table of Contents Introduction ...................................... 118 I. The Rise and the Flaw of Managerialism ....... 120 A . T he Rise ................................ 120 B . T he Flaw ................................ 122 C. Patches on the Flaw ...................... 126 1. Shareholder derivative suits ............ 126 2. Shareholder democracy ................ 127 3. Independent directors ................. 128 4. Specific prohibitions ................... 130 II. The Investorial Alternative .................... 131 A. The Institutional Eruption ................ 131 B. The Concept of Investor Capitalism ........ 135 C. The New and the Old in Investor Capitalism 136 III. The Motivation of Institutional Investors ....... 139 A. The Players in Investor Capitalism ......... 140 1. Fund managers ....................... 140 2. Fund sponsors ........................ 141 3. Portfolio managers .................... 142 4. Investor services ...................... 143 B. The W all Street Rule ..................... 144 C. The "Collective Good" Dilemma .......... -
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 -
Dennis Levine, an Exception Or the Norm: Inside Trading and Foreign Bank Secrecy I
Psutka: Dennis Levine, an exception or the Norm: Inside Trading and Forei DENNIS LEVINE, AN EXCEPTION OR THE NORM: INSIDE TRADING AND FOREIGN BANK SECRECY I. INTRODUCTION As national securities markets rapidly become international markets, 1 the idealized precept that federal securities laws are to create "a system providing equal access" to information for all in vestors, appears to faulter. 2 One cause of this breakdown is "in sider trading."3 Traditionally prosecuted under the Securities Ex change Act of 1934,• illegal activities conducted through secret bank accounts outside U.S. borders and jurisdiction have posed a sobering challenge to prosecution of the inside trader.5 Problems in prosecution arise due to concerns of extraterrito riality and the application of domestic laws to foreign conduct.6 Foreign jurisdictions with bank secrecy laws may consider the dis closure of information concerning a bank account, including the identity of its holder, a criminal offense. 7 This allows inside traders 1. Crime and Secrecy: The Use of Offshore Banks and Companies, 1983: Hearings Before the Permanent Subcomm. on Investigation of the Senate Comm. on Governmental Affairs, 98th Cong., 1st Sess. 320 (1983) [hereinafter Senate Hearing] (statement of John M. Fedders, Director, Division of Enforcement SEC); Note, Secrecy and Blocking Laws, 18 VAND. J. TRANSNAT'L L. 809, 810 (1985). "It soon will be possible to trade many securities of U.S. corporations 24 hours a day as a result of improved international communications and the growth of securities markets in London, Paris, Zurich, Singapore, Hong Kong, Tokyo and other financial centers." Senate Hearing, supra, at 320. -
Exploring Stakeholder Mobilization in the Instance of Corporate Fraud and Ponzi Schemes
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by OPUS: Open Uleth Scholarship - University of Lethbridge Research Repository University of Lethbridge Research Repository OPUS http://opus.uleth.ca Theses Business, Dhillon School of 2011 Get mad, stay mad : exploring stakeholder mobilization in the instance of corporate fraud and Ponzi schemes McCormick, Cameron Anthony Lethbridge, Alta. : University of Lethbridge, Faculty of Management, c2011 http://hdl.handle.net/10133/3248 Downloaded from University of Lethbridge Research Repository, OPUS GET MAD, STAY MAD: EXPLORING STAKEHOLDER MOBILIZATION IN THE INSTANCE OF CORPORATE FRAUD AND PONZI SCHEMES Cameron Anthony McCormick Bachelor of Commerce in Cooperative Education, University of Alberta, 2003 A Thesis Submitted to the School of Graduate Studies of the University of Lethbridge in Partial Fulfillment of the Requirements for the Degree MASTER OF SCIENCE IN MANAGEMENT Faculty of Management University of Lethbridge LETHBRIDGE, ALBERTA, CANADA © Cameron McCormick, 2011 Dedication This thesis is the result of an off the cuff remark she made on our very first date; therefore, I dedicate this to my darling wife: Krista. Without your love, kindness and support, I never would have started this journey, let alone finish it. I love you and thank- you for believing in me when no one else did. iii Abstract Using a multi-case study, three Ponzi schemes were investigated: Road2Gold, Bernie Madoff’s empire, and the Earl Jones affair. This grounded study used an inductive bottom-up methodology to observe and describe stakeholder mobilization in reaction to corporate fraud. This research on stakeholder behaviour in Ponzi schemes articulates new theory for describing stakeholder behaviour and possible determinants for successful mobilization to action. -
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.