
Federal authorities charged Tuesday that affiliates of the La Cosa Nostra and Lucchese organized crime families gave a "new meaning" to the term "corporate takeover" when they looted a publicly traded mortgage company, with one member threatening that if someone were to "rat," their "wives will be f**ked... and your kids will be sold off as prostitutes."
Law enforcement officials charged 13 people -- including an alleged member and another associate of the Lucchese family -- on racketeering and related offenses in an alleged scheme to take over and loot the Texas-based FirstPlus Financial Group Inc. (FPFG) through extortion. Ten defendants are already in custody, one is expected to surrender and two are still at large.
Federal officials allege that Nicodemo S. Scarfo Jr. -- also known as "Nick Promo," "Mr. Apple" and Mr. Macintosh" -- became a "made" member of the Lucchese family after an attempt on his life in 1989. They say Lucchese family boss Vittorio Amuso, while in federal prison in Atlanta, arranged for Scarfo to become a member of the Lucchese family as a favor to former Philadelphia La Cosa Nostra boss Nicodemo D. Scarfo Sr. Both Amuso and Scarfo are named as unindicted co-conspirators in the case.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)Warren Buffett is continuing his rather full-throated defense of Goldman Sachs, saying in a Good Morning America interview broadcast this morning that CEO Lloyd Blankfein shouldn't step down -- and that Goldman has done nothing wrong.
The SEC has filed a civil lawsuit against Goldman Sachs over a shoddy mortgage product that Goldman allegedly knew was shoddy, and a Senate subcommittee hearing that put many of the firm's top executives on the spot last week has brought the firm under even more fire.
But Buffett -- whose company invested $5 billion in Goldman during the height of the financial crisis -- is standing by Blankfein's company.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (0)"I am friends with and helped promote two of the guys who signed the Complaint against Mark. Someone should tell Mark to look at my profile on my firm website, my SEC press releases, and advise Mark to add me to his defense team."
Those are the words of former SEC Fort Worth enforcement chief Spencer Barasch, in a 2008 email pitching his services to a person close to Mark Cuban, the billionaire Texas businessman then facing an SEC insider trading complaint, the Dallas Morning News reports.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)We told you earlier about the tireless -- and often fruitless -- efforts of Rep. Darrell Issa (R-CA) to find a scandal to stick to the Obama administration. Well, today he had some luck.
It's not the Pentagon Papers, but SEC inspector general David Kotz just announced on Fox News that he will launch an internal investigation into whether there was improper coordination with the White House over the recent decision to file a lawsuit against Goldman Sachs. "We need to understand what led to the decision to announce or bring the case on that day," Kotz told Neil Cavuto. "See if there was any undue influence involved and so we'll look very carefully to investigate that and see what we determine."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)Remember the 1990s, when Newt Gingrich, Dan Burton and co. managed to create a steady stream of outrage by playing up every Clinton administration "scandal," no matter how minor? Or how about the last years of the Bush administration, when Rep. Henry Waxman (D-CA) seemed to function as a one-man investigative machine, making sure that no Bush administration wrong-doing went unexamined?
Today that role is being played by Rep. Darrell Issa (R-CA), the ranking Republican on the House Oversight committee. But despite the steady stream of made-to-order conspiracy theories coming from Fox News and the Tea Party crowd, it's a much harder job. That's largely because Issa's party is in the minority, so he doesn't have the power to compel testimony or subpoena documents. And it's perhaps also because, though the Obama administration is far from squeaky clean, Issa just hasn't had the kind of material to work with that his predecessors did.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (6)A good catch by the government watchdog group POGO...
We told you yesterday about that internal SEC report on the Allen Stanford matter, which slammed the agency for failing to act on credible allegations that the banker was a fraud. But it wasn't just the SEC that appears to have fallen down on the job.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (3)The new inspector general report on the SEC's handling of the Allen Stanford alleged Ponzi scheme case paints a devastating picture of the agency's repeated failures to pursue the billionaire banker, despite a widespread belief within the SEC's Fort Worth office that he was a fraud.
At the center of the story is Spencer Barasch, the chief of enforcement at the SEC's Fort Worth office, who declined to pursue Stanford multiple times, only to later jump ship to become a partner at a big private law firm where he proceeded to represent none other than 'Sir' Allen Stanford.
The inspector general has referred Barasch to the bars of Washington and Texas, where he is licensed, for potential violation of conflict of interest rules.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (4)In news buried by the Goldman fraud charges, the Inspector General for the SEC issued a blistering 159-page report Friday concluding that the agency's Fort Worth office knew that Texas businessman Allen Stanford was operating a Ponzi scheme in 1997 -- but didn't make a serious effort to pursue the matter for eight years, until 2005.
Stanford, a flamboyant Texas billionaire, is currently in jail facing charges of operating a $7 billion Ponzi scheme.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)The Securities and Exchange Commission today charged Goldman Sachs with defrauding investors by allegedly "misstating and omitting key facts" in the marketing of a financial product linked to the performance of subprime mortgages right as the housing crisis was beginning to unfold.
The complaint comes down just as the attention of Washington is turning fully to financial reform.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (8)The SEC has charged Sean David Morton, a self-described "natural psychic, trained Remote Viewer, intuitive consultant, investigative reporter, and accomplished award winning director, screenwriter and film and TV producer," with securities fraud.
Morton, who is known as "America's Prophet" allegedly solicited investors through a newsletter in which he claimed, "I have called ALL the highs and lows of the market giving EXACT DATES for rises and crashes over the last 14 years."
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (5)New York Attorney General Andrew Cuomo has filed civil securities fraud charges against Bank of America and the firm's former CEO Ken Lewis, reports (sub. req.) the Wall Street Journal.
Cuomo alleges that Lewis, Chief Financial Officer Joe Price, and other BofA execs, chose not to disclose to shareholders the extent of the losses at Merrill Lynch before BofA bought the ailing Wall St. investment bank in late 2008.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (5)The Securities and Exchange Commission is being sued over its failure to respond to Freedom of Information Act requests for information about what reforms, if any, it has undertaken since it failed to detect Bernard Madoff's multibillion fraud.
The government watchdog Citizens for Ethics and Responsibility in Washington announced the lawsuit today, saying that the SEC has yet to reply to CREW's October 2009 information request.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (8)We told you earlier about the tender email sent in February by Rep. Pete Sessions (R-TX) to Allen Stanford, in which the lawmaker told the accused Ponzi schemer: "I love you and believe in you." We also told you about the lengthy ties between the two men.
Now Sessions's office has provided TPMmuckraker with a statement on the issue. We'll just let it speak for itself:
Intrigue. Deceit. And forbidden love on a sun-kissed tropical island -- with billions of dollars on the line.
No, this isn't a Danielle Steel bodice-ripper. Or Mark Sanford's latest confession about crossing "the ultimate line". Instead, it's the story of the tangled, high-stakes relationship between Rep. Pete Sessions (R-TX) and accused Ponzi schemer Allen Stanford.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (8)Now that's loyalty.
When a top supporter gets busted by the Feds for allegedly running a massive Ponzi scheme, most big-time pols are usually pretty quick to distance themselves. (See Crist, Charlie, for the locus classicus of the genre).
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)A good government group is slamming the Securities and Exchange Commission for ignoring or delaying on hundreds of recommendations made by the agency's internal watchdog. Many of these recommendations were made in the wake of the SEC's failure to detect Bernie Madoff's massive Ponzi scheme, a misstep for which the agency was widely derided earlier this year.
Two documents obtained through a FOIA by the Project on Government Oversight show that hundreds of recommendations made since December 2007 by the SEC's Office of the Inspector General have gone unimplemented.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)Bernie Madoff's former accountant has pleaded guilty to fraud in connection with his auditing of Madoff's operation. But David Friehling denied that he knew anything about the underlying massive Ponzi scheme, which Madoff has pleaded guilty to orchestrating.
Friehling admitted that he didn't independently audit Madoff's financial statements, saying he took Madoff's claims at "face value." But he said (sub. req.) he put his own and his family's money with Madoff. In what was "the biggest mistake of my life, I placed my trust in Bernard Madoff," he said.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)During a 2006 examination, an SEC staffer asked Bernie Madoff for information. Madoff replied that he had already provided it to a top agency official. To which the SEC-er responded: "It's a big organization, we don't talk to each other."
That's according to Madoff's testimony to SEC investigators. The agency's inspector general's office has just released documents that were part of its probe into its failures on the Madoff affair. And they further the picture of a regulator at which the right hand didn't know what the left was doing, and which depended on inexperienced and over-matched agents to sniff out complex financial frauds like Madoff's.
You can see all the documents here. And you can see Madoff's testimony here.
Let us know in comments about anything else that jumps out.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (5)Ever wonder what happened to the SEC staffers and supervisors who, for nearly two decades, managed to miss Bernie Madoff's multi-billion dollar Ponzi scheme, despite a persistent whistle-blower and multiple inquiries -- a monumental level of incompetence that "astonished" even Madoff himself?
Well, some saw their failures rewarded with high-paying private-sector jobs, while others are still at the agency, charged with catching the next Madoff.
Via CNN, here's a quick look at what happened to some of the major players.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (5)When Franklin Roosevelt appointed Joseph P. Kennedy as SEC chair, the president responded to concerns about Kennedy's unsavory reputation by declaring: "It takes a thief to catch a thief."
Over 70 years later, Bernard Madoff may have been hoping that President Bush agreed.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (2)It's not really news that the SEC screwed up big-time on Bernard Madoff. But the just released executive summary (pdf) of the agency's inspector general report really brings home just how far that failure went.
The summary, produced by SEC inspector general David Kotz, paints a picture of a series of botched investigations going back to 1992, in which inexperienced, unsophisticated and incurious agency examiners repeatedly failed to take seemingly obvious steps that would have uncovered Madoff's massive scam. And it shows how Madoff used his air of authority to confuse and intimidate the over-matched Feds in order to keep them at bay.
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The SEC attorney who failed, despite numerous red flags, to catch Bernie Madoff's colossal fraud received the highest possible performance rating from the agency -- citing her "ability to understand and analyze the complex issues of the Madoff investigation" -- soon after the probe closed in 2006.
That's according to an SEC inspector general report on the Madoff fiasco, whose executive summary (pdf) was released this afternoon. The full report will be made available in the coming days.
Yesterday, we got new details on Allen Stanford's alleged $8 billion fraud, with the release of the plea deal signed by the Texas banker's number 2 man.
Jim Davis, Stanford's college roommate and the CFO of the Stanford Financial Group, pleaded guilty to conspiracy, mail fraud and obstruction charges. He told prosecutors that the company was a sham from the start, using money from new investors to pay off old ones. Davis also described how for years he helped cover up the scheme, and helped bribe a top Antiguan regulator to keep the SEC off the scent.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (3)So: is Steve Rattner stepping down as the Obama administration's car czar because of the investigation into whether his private-equity fund used pay-to-play tactics to win business from New York's public pension fund?
Probably.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (8)Remember our old friend Allen Stanford? Matthew Goldstein, who had been covering the Stanford story closely at BusinessWeek, and has now moved to Reuters, has an interesting catch about the cricket-loving billionaire's curious legal strategy.
Goldstein reports that Stanford last week replaced his civil defense team with a group of lawyers from the Gulf Law Group, a little-known Washington, DC-based firm.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (8)When first we heard that two enforcement attorneys at the SEC were being probed by the FBI for insider trading, we almost sympathized. After all, as the GAO informed us last week in its damning report on the dysfunctional agency, commissioners seem to have spent the Bush years thinking up new ways of preventing enforcement attorneys from doing their actual jobs. And in an environment of incessant deregulation, the markets have to regulate themselves, right?
Uh, then we read the 51-page SEC Inspector General report on the case submitted to SEC chairman Mary Schapiro March 3 by SEC IG David Kotz, who made no attempt to conceal his amazement at their awe-inspiring stupidity. Seriously, Hank Paulson's chief of staff who didn't know who the nine big banks were is a MacArthur fellow next to this pair, who are only identified in the report as [#1] and [#2].
The OIG investigation disclosed that [#1] sent e-mails to his brother and sister-in-law from his SEC e-mail account during the work day recommending particular stocks, and sometimes informing them that [#2] had recommended those stocks as well. Both [#2] and [#1] inexplicably testified that they failed to see how [#1]'s sending e-mails to his brother and sister-in-law from his SEC account could raise an appearance that he may be sharing nonpublic information with someone outside of the SEC.More amazing highlights after the jump. PERMALINK | COMMENTS | RECOMMEND RECOMMEND (28)
You can say one thing for John Ashcroft: he's not short on chutzpah.
In an op-ed in today's New York Times, the former attorney general points out a thorny problem that the Justice Department may face as a result of the financial crisis: if there's evidence that a company that has received significant amounts of bailout money committed fraud or other financial crimes, how do the Feds prosecute that company, while still protecting the health of the company on behalf of taxpayers?
The answer, according to Ashcroft: deferred prosecution agreements.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (8)It looks like Allen Stanford just couldn't quit his high-living ways -- even when the chips, so to speak, were down.
The Financial Times has a great find in the court filings made by the SEC in Stanford's case:
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (13)Doesn't anyone want Allen Stanford?
The accused Ponzi schemer tried to turn himself in to the Feds yesterday -- without success.
Over to the Houston Chronicle:
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (6)Congress is upping the ante in its bid to get access to those insider reports on AIG compiled by a government monitor.
House Oversight chair Ed Towns, joined by ranking GOPer Darrell Issa, yesterday sent letters to the Justice Department and the SEC, threatening them with subpoenas if they don't hand over the information by this Thursday*.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (4)New York Attorney General Andrew Cuomo has just released documents from his investigation into Bank of America, its receipt of government money, and those billions in bonuses that went to Merrill Lynch executives.
Here's one quick nugget we found: It looks like then-Treasury Secretary Hank Paulson didn't keep the SEC -- whose role, of course, is to protect investors -- informed on the government's intense December 2008 discussions with B of A about Merrill's losses, and possible government assistance for B of A.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (10)In an interview with The Hill published yesterday, Neil Barofsky, the inspector general for the bailout, said that he was pursuing 20 criminal and civil investigations into potential fraud in the TARP program.
And it looks like at least one has now paid off.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (9)Allen Stanford has gone on a PR blitz in an effort to clear his name. But from the looks of it, he may already be regretting doing so.
The Texas billionaire, accused earlier this year by the SEC of orchestrating a "massvie ongoing fraud," sat down today with the New York Times, in the office of his lawyer, Dick DeGuerin. That interview was preceded by one with the Houston Chronicle.
The Times' writeup is worth excerpting at length:
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (4)Earlier this morning, we reported that the Justice Department is dragging its heels on a demand from Congress to hand over information compiled by a highly placed government monitor at AIG.
But DOJ's recalcitrance is underlined by the approach of the SEC, which was also asked to turn over the monitor's information. According to a source on the House Oversight committee, the SEC has said it's complying with the request, and is expected to turn over the information shortly.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)Ever since AIG's bonus shenanigans exploded onto the national scene last month, Merrill Lynch's own outrageous payouts have kind of gotten short shrift. We've felt this was unfair to the Thundering Herd, since at an around $3.6 billion, its bonuses dwarfed those of AIG. Granted, its role in bringing down the financial system may not have been quite as central as that of AIG's financial products unit, but it's not like Merrill, which needed rescuing last fall by Bank of America, was squeaky clean. Where's the respect?
But luckily, the Merrill bonuses are back. The SEC is looking at whether Bank of America broke the law by not disclosing, in filings last year, the fact that it was planning to pay those bonuses, reports the Washington Post.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (1)A female relative of Bernard Madoff -- identified by the New York Post as Madoff's niece, Shana Madoff -- called a "federal prison consultant" to ask how much jail time she might be facing, the consultant told TPMmuckraker.
Larry Levine -- a former federal prisoner who now runs a company, Wall Street Prison Consultants, that gives advice to future inmates on how to survive prison time and win an early release -- said that a woman had called him about three weeks ago, saying that she might face conspiracy charges. At first, said Levine, the woman was hesitant to divulge any specific information, but, when pressed by Levine, said that she was a relative of Bernard Madoff, explained the basics of her situation, and asked how much jail time she might be facing. "No money changed hands," said Levine, describing the call as "exploratory".
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (17)Texas billionaire Allen Stanford has given ABC News his first interview since being charged by the SEC with orchestrating a massive Ponzi scheme. And he doesn't offer a sympathetic portrait.
Amid protestations of innocence -- "I would die and go to hell if it's a Ponzi scheme," and "if it was a Ponzi scheme, why are they finding billions and billions of dollars all over the place?" -- Stanford revealed he expects to be indicted by a federal grand jury in the next two weeks. (A senior official at the Justice Department told ABC News the case is "moving along rapidly.")
The walls around Allen Stanford appear to be closing in ever tighter.
David Finn, a lawyer for Jim Davis, the number 2 man at Stanford Financial, tells Bloomberg that Davis is helping investigators track Stanford's European assets, focusing on Swiss banks.
In addition to potentially helping to build a criminal case against Stanford, tracking the assets could help repay victims of Stanford's alleged fraud.
PERMALINK | COMMENTS | RECOMMEND RECOMMEND (7)We're a little late to this, thanks to some developments in other areas, but Fairfield Greenwich, the feeder fund that placed much of its assets with Bernie Madoff, was sued Tuesday by the state of Massachusetts, for defrauding its customers.
Secretary of State William Galvin claims that Fairfield, the largest of several feeder funds that funnelled investors to Madoff, failed to conduct due diligence as it promised. For instance, Galvin alleges, Fairfield didn't question Madoff about his unusual trading strategy, or about the fact that he hadn't hired an outside firm to handle record-keeping.
We should have seen this one coming -- government officials who helped respond to the financial crisis, now cashing in by helping private sector clients "navigate the new world of finance."
That's what David Nason, a former assistant treasury secretary under Hank Paulson will be doing for clients of Promontary Financial Group, which he's joining as a managing director, reports the Wall Street Journal (sub. req.). Nason, who had a major hand in drawing up Treasury's bailout plan last fall, "is expected to advise big financial institutions on everything from how to participate in the government's rescue programs to meeting regulatory requirements."
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