fraud investigation posts
FeedPosted Oct 17th 2009 12:40PM by Tom Johansmeyer (RSS feed)
Filed under: Insiders, Law, Google (GOOG), Intel (INTC), International Business Machines (IBM), Sun Microsystems (JAVA)
Raj Rajaratnam's life has just changed profoundly. The 52-year-old founder, fund manager, and partner at the Galleon Group has been accused of insider trading, conspiring with others (now named as defendants with him) to trade shares of Google (NASDAQ: GOOG), Hilton (OTC: HLNQ), and Sun Microsystems (NASDAQ: JAVA), among others. Rajaratnam generated $25 million in profits on these trades, but that's moot now.
Rajaratnam, who is #559 on the list of the world's richest people, with a net worth of $1.3 billion, now faces fines of up to $250,000 and from 5 to 20 years in prison. I doubt he'll be in the same slot on next year's list of billionaires.
Continue reading Billionaire hedge fund manager arrested on insider trading charges
Posted Oct 7th 2009 9:30AM by Tom Johansmeyer (RSS feed)
Filed under: Scandals
Sam Antar, formerly the CFO of Crazy Eddie, known in the New York area for over-the-top commercials that scared the hell out of kids (well, me at least), knows his way around a questionable balance sheet. For 15 years, he was the executive chef of book-cooking, ultimately taking a guilty plea to conspiracy and obstruction of justice charges. He stayed out of the clink by taking the stand on the government's side at a 1993 trial, ultimately sending his cousin, Eddie Antar to prison for seven years or so.
Crooks make the best cops, so to speak, and Antar is putting his skills to work. He's out hunting for accounting fraud and sending his analyses off to the SEC. On his blog, the former CFO laid out what he called a "bulletproof case" against Overstock.com (NASDAQ: OSTK) – a company that the SEC had been investigating since 2006. The inquiry has been reopened.
Continue reading Crazy Eddie's crazy ex-CFO investigates Overstock
Posted Sep 28th 2009 10:00AM by Tom Johansmeyer (RSS feed)
Filed under: Scandals
Even with the ringleader in jail, the pursuit of Bernie Madoff doesn't seem to be finished. Sunday night, the trustee who's winding down the Madoff company said on 60 Minutes that Madoff's two sons (Mark and Andrew), brother (Peter) and niece (Shana) will be slapped with a $198 million suit. They are alleged to have known about the Ponzi scheme, according to the trustee, Irving Picard and his chief counsel, David Sheehan.
Sheehan and Picard are also working under the assumption that there is still some money hidden, quite a lot of it, in fact. Picard told the show, "We'd assume it's millions and millions of dollars." Yet, this probably wouldn't help with the task in front of them.
Continue reading Madoff family to be sued for $198 million
Posted Aug 12th 2009 8:00AM by Tom Johansmeyer (RSS feed)
Filed under: Scandals
Frank DiPascali, CFO to convicted fraudster Bernard Madoff, turned in a guilty plea yesterday, as expected. He fessed up to ten charges, including securities fraud, conspiracy, falsifying records and international money laundering. "It was all fictitious," he said, admitting that he "knew it was wrong at the time." Yet, he didn't say a word about anyone other than Madoff.
Each of the charges carries a term of five to 20 years in prison, not to mention fines of up to $5 million. But his cooperation is expected to lessen the blow a bit, though we'll have to wait until at least May 2010 to find out what the outcome will be. We don't even know if DiPascali will be able to wait for sentencing from his own home -- nothing on bail has been determined. The prosecution has asked for a $2.5 million bond, secured by equity in DiPascali's sister's home and co-signed by "three financially responsible individuals," according to a Reuters report.
The May sentencing date suggests that prosecutors will be willing to deal, based on the information DiPascali provides in the interim. District Judge Richard Sullivan, as well, hopes that information will be forthcoming, which he expressed to one of the victims who spoke at the hearing.
Continue reading Madoff CFO pleads guilty, sentencing in May
Posted Jan 29th 2008 6:20PM by Victoria Erhart (RSS feed)
Filed under: Major movement, SEC filings, Bad news, Management, Law, Scandals
WellCare Health Plans, Inc. (NYSE: WCG) lost its CEO, CFO and general counsel on Friday. The company is currently under investigation for irregularities in Medicaid and Medicare billings in Connecticut and Florida. The SEC has requested information, as has the U.S. Department of Justice. Agencies are investigating whether WellCare overbilled for mental health care provided as part of Florida's Medicaid program. WellCare also has a subsidiary in the Cayman Islands. Investigators are looking into whether reinsurance arrangements through that subsidiary led to misrepresentations of costs for providing care. WellCare has not yet filed papers with the SEC for the previous quarter and will be late filing its annual report. Earnings reports for the first several quarters in 2008 will also be late.
Given the background of problems, some of which might prove very expensive to correct, why have investors bid up the stock over 11% on the news that a new management must soon take over? The stock closed on 28 January at $48.08, up $4.96 or 11.5% (though on the 29th it dipped slightly back to $47.18). Go figure!
Posted Jun 2nd 2007 12:10PM by Zac Bissonnette (RSS feed)
Filed under: Management, Law, Scandals
According to a study recently published in the Journal of Accounting Research, journalists are a lot better, or at least faster, at spotting signs of accounting fraud and corporate shenanigans than the SEC. Harvard Professor Gregory Miller measured the frequency of reporters beating the SEC to the punch in uncovering fraud and found that in roughly one-third of the 263 cases of accounting fraud confirmed by the SEC between 1987 and 2002, members of the press alleged wrongdoing before the SEC or the company announced any investigation.
The Columbia Journalism Review sums up the findings nicely: "And while beating the SEC to an investigation is like beating Porky the Pig in a bicycle race up the Alps, we concede it's not nothing."
I e-mailed Marketwatch columnist Herb Greenberg (Full disclosure: He's one of my heroes.) about the findings, because he was the only journalist to have proactively uncovered a case of accounting fraud before the SEC more than once; he's done that five times.
Given the relative speed with which journalists uncover fraud, I asked him whether the SEC could learn anything from the methods employed by journalist-gumshoes. Greenberg dismissed that idea saying that "There's a difference between reporting a story and formally investigating and finding legal fault .... No, nothing they can learn."
He added that that much-maligned band of investors known as short-sellers are often sources for investigative reporters, calling them the "first line of defense for investors because they're putting their own money on the line." But he said that really good information usually comes from "former employees, analysts, and mutual fund managers who have SOLD stocks for reasons other than valuation."
Continue reading Press beats regulators to the punch in uncovering fraud