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Exhibit a Pg 1 of 40
09-01161-smb Doc 246-1 Filed 03/04/16 Entered 03/04/16 10:33:08 Exhibit A Pg 1 of 40 EXHIBIT A 09-01161-smb Doc 246-1 Filed 03/04/16 Entered 03/04/16 10:33:08 Exhibit A Pg 2 of 40 Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY 10111 Telephone: (212) 589-4200 Facsimile: (212) 589-4201 Attorneys for Irving H. Picard, Trustee for the substantively consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the Estate of Bernard L. Madoff UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION CORPORATION, No. 08-01789 (SMB) Plaintiff-Applicant, SIPA LIQUIDATION v. (Substantively Consolidated) BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Defendant. In re: BERNARD L. MADOFF, Debtor. IRVING H. PICARD, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC, Plaintiff, Adv. Pro. No. 09-1161 (SMB) v. FEDERICO CERETTI, et al., Defendants. 09-01161-smb Doc 246-1 Filed 03/04/16 Entered 03/04/16 10:33:08 Exhibit A Pg 3 of 40 TRUSTEE’S FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO DEFENDANT KINGATE GLOBAL FUND, LTD. PLEASE TAKE NOTICE that in accordance with Rules 26 and 34 of the Federal Rules of Civil Procedure (the “Federal Rules”), made applicable to this adversary proceeding under the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and the applicable local rules of the United States District Court for the Southern District of New York and this Court (the “Local Rules”), Irving H. -
Merging the SEC and CFTC - a Clash of Cultures
Florida International University College of Law eCollections Faculty Publications Faculty Scholarship 2009 Merging the SEC and CFTC - A Clash of Cultures Jerry W. Markham Florida International University College of Law Follow this and additional works at: https://ecollections.law.fiu.edu/faculty_publications Part of the Banking and Finance Law Commons Recommended Citation Jerry W. Markham, Merging the SEC and CFTC - A Clash of Cultures, 78 U. Cin. L. Rev. 537, 612 (2009). This Article is brought to you for free and open access by the Faculty Scholarship at eCollections. It has been accepted for inclusion in Faculty Publications by an authorized administrator of eCollections. For more information, please contact [email protected]. +(,121/,1( Citation: Jerry W. Markham, Merging the SEC and CFTC - A Clash of Cultures, 78 U. Cin. L. Rev. 537 (2009) Provided by: FIU College of Law Content downloaded/printed from HeinOnline Tue May 1 10:36:12 2018 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at https://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device MERGING THE SEC AND CFTC-A CLASH OF CULTURES Jerry W. Markham* I. INTRODUCTION The massive subprime losses at Citigroup, UBS, Bank of America, Wachovia, Washington Mutual, and other banks astounded the financial world. Equally shocking were the failures of Lehman Brothers, Merrill Lynch, and Bear Steams. -
Aegion 2014 Annual Report
AEGION CORPORATION 2014 RESILIENT BY DESIGN 2014 BUILDING ON A STRONG FOUNDATION ANNUAL REPORT 1 SAFER 2 DIVERSIFIED 3 INNOVATIVE 4 NIMBLE 5 GROWING Why our safety How our business What our new How we are improving What the right programs outperform realignment better product development execution and tailoring technologies industry standards positions us to serve efforts are producing our products and and services in our customers services to meet attractive end evolving market needs markets are yielding AEGION IS BUILDING ON A STRONG FOUNDATION — WE ARE RESILIENT BY DESIGN. If your foundation is strong, you can build almost anything on it. At Aegion, we have spent the past five years building such a foundation. A culture that puts the safety of our employees, customers and communities first and foremost is at its core. Our foundation has been balanced by adding more recurring revenues in a mix of growth markets to our stable of project-based work. While firmly rooted, our foundation is adaptable, allowing for flexibility in the way we approach the marketplace throughout the world. And it is constantly renewing itself through innovation. In 2014, we continued to solidify this foundation. Most notably, we realigned our business platforms to be more market facing. This new alignment allows us to move quickly to recognize our customers’ signals so we can better respond with the infrastructure solutions, corrosion protection and energy services they need. It also positions us to operate more efficiently and execute more effectively. It refines the way we think about our customers and relate to them. It helps ensure that our foundation is not only strong, but also dependable and lasting. -
Hedge Funds: Due Diligence, Red Flags and Legal Liabilities
Hedge Funds: Due Diligence, Red Flags and Legal Liabilities This Website is Sponsored by: Law Offices of LES GREENBERG 10732 Farragut Drive Culver City, California 90230-4105 Tele. & Fax. (310) 838-8105 [email protected] (http://www.LGEsquire.com) BUSINESS/INVESTMENT LITIGATION/ARBITRATION ==== The following excerpts of articles, arranged mostly in chronological order and derived from the Wall Street Journal, New York Times, Reuters, Los Angles Times, Barron's, MarketWatch, Bloomberg, InvestmentNews and other sources, deal with due diligence in hedge fund investing. They describe "red flags." They discuss the hazards of trying to recover funds from failed investments. The sponsor of this website provides additional commentary. "[T]he penalties for financial ignorance have never been so stiff." --- The Ascent of Money (2008) by Niall Ferguson "Boom times are always accompanied by fraud. As the Victorian journalist Walter Bagehot put it: 'All people are most credulous when they are most happy; and when money has been made . there is a happy opportunity for ingenious mendacity.' ... Bagehot observed, loose business practices will always prevail during boom times. During such periods, the gatekeepers of the financial system -- whether bankers, professional investors, accountants, rating agencies or regulators -- should be extra vigilant. They are often just the opposite." (WSJ, 4/17/09, "A Fortune Up in Smoke") Our lengthy website contains an Index of Articles. However, similar topics, e.g., "Bayou," "Madoff," "accountant," may be scattered throughout several articles. To locate all such references, use your Adobe Reader/Acrobat "Search" tool (binocular symbol). Index of Articles: 1. "Hedge Funds Can Be Headache for Broker, As CIBC Case Shows" 2. -
Overaccumulation of Productive Capital Or of Finance Capital? a View from the Outskirts of a Marxist Debate*
Overaccumulation of productive capital or of finance capital? A view from the outskirts of a Marxist debate* Rune Skarstein** Abstract: The starting point of this paper is a discussion of an apparently neglected aspect of Marx’s theory of surplus value and profit suggesting that finance capital can temporarily be decoupled from the productive sector in its hunting for profits. Then follows a discussion of the basis in the real economy for profit seeking and accumulation of finance capital in the last three decades, viz. the dominance of shareholder value, low wage policy combined with mortgage (re-)financing particularly in the US, the turn to fully funded pensions, and the rising foreign deficits and debt of the US. The paper next discusses new means of financial profit seeking, viz. credit derivatives, hedge funds, private equity funds and the increasing use of leverage within the financial sector. In the final section, it is argued that the present crisis is essentially a crisis of overaccumulation of finance capital which has turned into a general economic crisis characterised by increasingly deficient demand. The paper concludes that what is at stake is not only regulations, but the entire accumulation model of ‘financialised’ capitalism. Introduction The prevailing Marxist explanations of the present economic crisis face a double dilemma. First, the crisis started in a period when the rate of profits in the corporate sector of the United States (us), according to current measures, tended to rise in the period from 1982 to 2007 (with a small dip in 1997–2002), after falling from the mid-1960s until the early 1980s (cf. -
Legal Acts and Omissions That Facilitated the Global Financial Crisis Jennifer S
Enablers of Exuberance Jennifer S. Taub Sept. 4, 2009 DISCUSSION DRAFT Enablers of Exuberance: Legal Acts and Omissions that Facilitated the Global Financial Crisis Jennifer S. Taub1 I. Introduction This paper explores certain legal acts and omissions that facilitated the over-leveraging and near collapse of the global financial system. These ―Legal Enablers‖ fostered the boom that enriched a class of financial intermediaries who followed a storied tradition of gambling away ―other people‘s money.‖2 These mechanisms also made the pain of the bust disproportionately felt by the middle class and poor while shielding the middlemen who created the problems. These legal Enablers permitted the growth of a shadow banking system, without investment limits, transparency or government oversight. In the shadows grew a variety of highly leveraged private investment pools, undercapitalized conduits of securitized loans and speculation in complex credit derivatives. The rationale for allowing this unregulated, parallel system was that it helped to create innovation and provide liquidity. The conventional wisdom was that any risks associated with a hands-off approach could be managed by the ―invisible hand‖3 of the market. In other words, instead of public police, it relied upon private gatekeepers. A legal framework including legislation, rules and court decisions supported this system. This legal structure depended upon corporate managers, counterparties, ―sophisticated investors‖ and the market generally to prevent irrational conduct. 4 The hands-off approach was premised upon a series of beliefs or expectations. The first was that corporate managers would not sacrifice long-term shareholder value for short-term gains. The second was that trading counterparties would monitor each other closely and discourage excessive risk. -
Mihm-Stephen -Roubini-Nouriel-Crisis
ABC Amber ePub Converter Trial version, http://www.processtext.com/abcepub.html Page 1 ABC Amber ePub Converter Trial version, http://www.processtext.com/abcepub.html THE PENGUIN PRESS Published by the Penguin Group Penguin Group (USA) Inc., 375 Hudson Street, New York, New York 10014, U.S.A. Penguin Group (Canada), 90 Eglinton Avenue East, Suite 700, Toronto, Ontario, Canada M4P 2Y3 (a division of Pearson Penguin Canada Inc.) Penguin Books Ltd, 80 Strand, London WC2R 0RL, England Penguin Ireland, 25 St. Stephen’s Green, Dublin 2, Ireland (a division of Penguin Books Ltd) Penguin Books Australia Ltd, 250 Camberwell Road, Camberwell, Victoria 3124, Australia (a division of Pearson Australia Group Pty Ltd) • Penguin Books India Pvt Ltd, 11 Community Centre, Panchsheel Park, New Delhi-110 017, India Penguin Group (NZ), 67 Apollo Drive, Rosedale, North Shore 0632, New Zealand (a division of Pearson New Zealand Ltd) Penguin Books (South Africa) (Pty) Ltd, 24 Sturdee Avenue, Rosebank, Johannesburg 2196, South Africa Penguin Books Ltd, Registered Offices: 80 Strand, London WC2R 0RL, England First published in 2010 by The Penguin Press, a member of Penguin Group (USA) Inc. Copyright © Nouriel Roubini and Stephen Mihm, 2010 All rights reserved Library of Congress Cataloging-in-Publication Data Roubini, Nouriel. Crisis economics : a crash course in the future of finance / Nouriel Roubini and Stephen Mihm. p. cm. Includes bibliographical references and index. eISBN : 978-1-101-42742-2 1. Financial crises. 2. Business cycles. 3. Economics. I. Mihm, Stephen, 1968- II. Title. HB3722.R68 2010 338.5’42—dc22 2009053925 Without limiting the rights under copyright reserved above, no part of this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), without the prior written permission of both the copyright owner and the above publisher of this book. -
Baker & Hostetler LLP 45 Rockefeller Plaza New York
09-01161-smb Doc 245 Filed 03/04/16 Entered 03/04/16 10:21:05 Main Document Pg 1 of 27 Baker & Hostetler LLP 45 Rockefeller Plaza New York, NY 10111 Telephone: (212) 589-4200 Facsimile: (212) 589-4201 Attorneys for Irving H. Picard, Trustee for the Substantively Consolidated SIPA Liquidation of Bernard L. Madoff Investment Securities LLC and the estate of Bernard L. Madoff UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK SECURITIES INVESTOR PROTECTION No. 08-01789 (SMB) CORPORATION, SIPA LIQUIDATION Plaintiff-Applicant, (Substantively Consolidated) v. BERNARD L. MADOFF INVESTMENT SECURITIES LLC, Defendant. In re: BERNARD L. MADOFF, Debtor. IRVING H. PICARD, Trustee for the Liquidation Adv. Pro. No. 09-1161 (SMB) of Bernard L. Madoff Investment Securities LLC, Plaintiff, v. FEDERICO CERETTI, et al. Defendants. TRUSTEE’S MEMORANDUM OF LAW IN SUPPORT OF THE TRUSTEE’S APPLICATION BY ORDER TO SHOW CAUSE FOR ENTRY OF AN ORDER COMPELLING DEFENDANTS KINGATE GLOBAL FUND, LTD. AND KINGATE EURO FUND, LTD. TO PRODUCE DOCUMENTS 09-01161-smb Doc 245 Filed 03/04/16 Entered 03/04/16 10:21:05 Main Document Pg 2 of 27 TABLE OF CONTENTS Page PRELIMINARY STATEMENT .....................................................................................................1 BACKGROUND.............................................................................................................................3 ARGUMENT ..................................................................................................................................9 I. THE -
Criminal Lawyer : Issue 248 December 2020
The Criminal LAWYER ISSN 2049-8047 Issue No. 248 October- December 2020 Fraudster Bernard Madoff and the Accountant Harry Markopolos who blew the whistle on the gigantic $65,000,000,000 Ponzi fraud years before 2008, but it fell on the deaf ears of the U.S. SEC S Ramage pp 2-16. Relationships between the Arab occupation and the concept of the "mafia” with special reference to Arab clans in Germany I. Kovacs pp 17-37 Criminal Law Updates pp 38-43 Book Review-China –Law and Society pp 44-47 Legal notice p 48 1 Fraudster Bernard Madoff and the Accountant Harry Markopolos who blew the whistle on the gigantic $65,000,000,000 Ponzi fraud years before 2008, but it fell on the deaf ears of the U.S. Securities Exchange Commission By Sally S Ramage http://www.criminal-lawyer.org.uk/ Keywords Ponzi; securities; hedge funds; deception; fraud; Laws and case law Mental Health Act 1983 (UK) section 136 Public Law 109-171 (Deficit Reduction Act of 2005) The Federal Civil False Claims Act, Section 1902(a)(68) of the Social Security Act The Federal Civil False Claims Act, Section 3279 through 3733 of title 31 of the United States Code. The Michigan Medicaid False Claims Act, Public Act 72 of 1977 Abstract Mr. Harry Markopolos, a financial derivatives specialist, and some colleagues, realised that the Bernard Madoff Investment company must be falsifying performance data on their investment fund. The truth was then revealed about one man’s psychopathic roam in the investment industry in the United States and Europe including the United Kingdom and Russia. -
COPHS Faculty Curriculum Vitae
Faculty CVs CURRICULUM VITAE NAME: Cyril V. Abobo DEGREE: Doctor of Pharmacy Florida A & M University College of Pharmacy & Pharmaceutical Sciences Tallahassee, Florida Bachelor of Science/Pharmacy Texas Southern University College of Pharmacy & Health Sciences Houston, Texas ADDITIONAL American Association of Colleges of Pharmacy TRAINING: Fellowship (2004-2005) University of Georgia, College of Pharmacy, Department of Pharmaceutics. Assay development, animal dosing techniques, and pre-clinical studies of anti-retroviral agents. (January - May, 1992) Licensure Texas State Board of Pharmacy Certifications Physical Assessment in Patient Care Management Nova Southeastern University, July 2002. Delivering Medication Therapy Management Services in the Community. American Pharmacists Association, May 2010. Pharmacy Based Immunization Delivery: Certificate Program for Pharmacists. American Pharmacists Association, October, 2011. PROFESSIONAL EXPERIENCE: 1993-Present Associate Professor, Pharmacy Practice Texas Southern University College of Pharmacy and Health Sciences 1993-2008 Part Time/Registry Pharmacist (Inpatient) - Weekends Ben Taub General Hospital Houston, Texas 77030 1988-1993 Assistant Professor, Pharmacy Practice Texas Southern University College of Pharmacy and Health Sciences 1988-Present Clinical Pharmacy Preceptor Texas Southern University College of Pharmacy and Health Sciences Internal/General Medicine Michael E. DeBakey Veterans Affairs Medical Center Houston Texas 1987-88 Clinical staff pharmacist/Clinical Preceptor Ben Taub General Hospital Houston, Texas 77030 1985-86 Lecturer University of Benin School of Pharmacy Benin City, Nigeria 1983-85 Clinical staff pharmacist/Clinical Preceptor Ben Taub General Hospital Houston, Texas 77030 RESEARCH/SCHOLARSHIP Publications Abobo CV, Ma J, Liang D. Effect of menthol on nicotine pharmacokinetics in rats after cigarette smoke inhalation. Nicotine Tob Res. 2012: doi: 10.1093/ntr/ntr287. -
La Gran Estafa Piramidal De Bernard L. Madoff The
MEMORIA DEL TRABAJO FIN DE GRADO LA GRAN ESTAFA PIRAMIDAL DE BERNARD L. MADOFF THE GREAT PYRAMID SCHEME OF BERNARD L. MADOFF Autoras: Dª Marina Ilabec García García & Dª Andrea Pérez García Tutor: D. Enrique Armando Perera García Grado en ADMINISTRACIÓN Y DIRECCIÓN DE EMPRESAS FACULTAD DE ECONOMÍA, EMPRESA Y TURISMO Curso Académico 2018 / 2019 JUNIO 2019 Resumen Este trabajo estudia el mayor fraude financiero del último siglo, perpetrado por el financiero Bernard Lawrence Madoff. La falta de moral y ética del empresario, la confianza de los clientes y el poco control gubernamental, hacen la combinación perfecta para poder declararla la mayor estafa tipo Ponzi1 descubierta hasta el momento. El objetivo principal es analizar de manera detallada el Caso Madoff, centrándonos en la manera de ejecución de la estafa y en cómo fueron silenciadas las voces que advertían de esta. Tras esta revisión bibliográfica se puede concluir: la labor de las autoridades es crucial para detener cualquier intento de fraude, que la necesidad de la diversificación financiera es un hecho, y, por último, que la avaricia y la codicia de una solo persona puede afectar al mundo entero. Palabras clave: Estafa, Madoff, Esquema Piramidal. Abstract This essay studies the biggest financial fraud of the century carried out by the businessman Bernard Lawrence Madoff. His lack of morals and professional ethics, the trust from his clients and the poor governmental control, are the main factors to declare this episode as the biggest financial fraud -Ponzi style - to our days. The main goal of the essay is to analyse in detail the Madoff Case, focusing on the execution of the fraud and how the voices who called out this were silenced or unheard. -
Manipulating Political Stock Markets: * a Field Experiment and a Century of Observational Data
Manipulating Political Stock Markets: * A Field Experiment and a Century of Observational Data Paul W. Rhode** Koleman S. Strumpf UNC Chapel Hill and NBER UNC Chapel Hill November 2005 Preliminary Abstract Political stock markets have a long history in the United States. Organized prediction markets for Presidential elections have operated on Wall Street (1880-1944), the Iowa Electronic Market (1988-present), and TradeSports (2001-present). Such markets claim superior forecasting power to polls because they efficiently aggregate information. An important counterclaim is that such markets may be subject to manipulation and speculative attacks by partisan or large moneyed interests. We analyze this argument by studying alleged and actual manipulations-- speculative attacks not based on changes in fundamentals—in these three markets. We first investigate the speculative attacks on TradeSports market in 2004 when a single trader made a series of large investments in an apparent attempt to make one candidate appear stronger. Next we examine the historical Wall Street markets where political operatives from the contending parties actively and openly bet on city, state and national races, and the record is rife with accusations that parties tried to boost their candidates through investments and wash or phantom bets. Finally we report the results of a field experiment involving a series of planned, random investments-- accounting for two percent of total market volume-- in the Iowa Electronic Market in 2000. In every manipulation that we study there were measurable initial changes in prices. However, these were quickly undone and prices returned close to their previous levels. We find little evidence that political stock markets can be systematically manipulated beyond short time periods.