Posts tagged “ponzi scheme”

Hedge Fund Manager (And TV Pundit) Faces Fraud Charges

February 17th, 2011

Brian Kim

New York hedge fund manager and sometime TV pundit Brian Kim has been accused of masterminding a $4 million Ponzi scheme.

Manhattan DA Cyrus Vance said Tuesday Kim, who remains at large, had been indicted on charges of grand larceny and scheme to defraud for a scam that started in 2003. Kim is accused of defrauding 45 West Coast investors, according to the New York Daily News. Kim is said to have preyed on tech workers in Silicon Valley and Washington.

“The defendant induced his clients to make risky and speculative investments by portraying himself as an accomplished trader and money manager,” Vance said.

The 35-year-old made two appearances on CNBC’s financial news show “Squawk Box” in 2009, during which he is alleged to have promoted his fraudulent investment business. Officials claim he also doctored financial statements and told investors he’d generated returns of 240% since 2000.

Kim also faces a civil suit, filed Tuesday by federal regulators, which claims he stole at least $2.1 million from 37 investors in 2009 and 2010.

Officials say Kim has been AWOL since January, when he failed to show up for a Manhattan trial on a separate charge (he is alleged to have stolen $438,000 in 2008 from the East Village condo where he lived).

Kim, if convicted, could face up to 25 years in prison.

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Hedge Funds, Banks Drive Up Prices In Madoff Claims Market

February 15th, 2011

Competition in the secondary market for claims against fraudster Bernard Madoff is driving up prices, says one of the UK’s biggest hedge fund market makers.

“We’ve had these positions on our books for two years, and two years ago you couldn’t get a price,” Neil Campbell, head of alternative investments at brokerage Tullett Prebon told Reuters. “Up to six months ago it’s been one or two cents in the dollar, as optionality, but now it’s become more serious because there’s more competition.”

In the past six months, the price of holdings in Madoff feeder funds like Fairfield Sentry and Kingate has risen to 7 or 8 cents on the dollar from 1 or 2 cents, says the news agency. Buying bankruptcy claims from a direct investor with Madoff can cost 30 or 40 cents.

The market has been encouraged by the successor of Irving Picard, trustee for the Madoff bankruptcy, who has recovered about $10 billion for victims of Madoff’s Ponzi scheme.

According to Campbell, distressed hedge funds, distressed desks at banks and funds of funds specializing in the secondary market are all entering the sector. And on the other side, many funds of funds are trying to dump Madoff holdings to limit damage to their reputations.

“There are a lot of vehicles globally looking at this opportunity,” said Campbell. “A variety of buyers are coming in, due to the success of the trustee, who has been fairly ferocious in getting results, and the (small) amount of claims made, especially in Europe, which has created a very interesting window of opportunity.”

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Madoff Victim’s Lawsuit Against Ex-Wife Reinstated

January 7th, 2011

To say there has been a lot of litigation surrounding the Bernard Madoff Ponzi scheme would be laughably mild. Today, there’s a little bit more, with one of the more interesting lawsuits having been reinstated.

Lawyer Steven Simkin and his wife, Laura Blank, divorced in 2006 after more than 30 years of marriage. She got the Manhattan apartment and $6.6 million—and waived alimony payments. He got the house in Scarsdale, N.Y. —and the couple’s account with Bernard L. Madoff Investment Securities.

At the time of their divorce agreement, that account was valued at $5.4 million. But, as became clear little more than two years later, it was worth nothing at all.

But a state appellate court proved a good deal more sympathetic, reinstating the lawsuit, allowing Simkin to plead “unjust enrichment” based on his theory of the “mutual mistake” the former couple made in placing any value on the Madoff investment, listed in 2006 as their biggest asset.

Simkin “never had an account” because “on Madoff’s own admission, there were no accounts within which trades were made,” a divided court ruled.

But two of the five judges dissented, calling the majority opinion “truly ‘divorced’ from reality” and noting that their divorce agreement “does not mention the Madoff account.” Simkin redeemed part of his Madoff investment to pay off his wife and continued to invest with Madoff after the divorce.

Blank’s lawyer has vowed to appeal the “completely erroneous” decision.

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The Wrong Madoff Died

December 13th, 2010

Mark Madoff, right, with parents

Mark Madoff’s suicide is blamed on “unrelenting pressure from false accusations and innuendo.” It is a shame that eldest son of the jailed multibillion-dollar fraudster, Bernard Madoff, decided to take his own life at the weekend. It should have been his father.

Madoff, 46, was found hanged in the living room of his New York flat as his two-year-old son slept in a nearby room. He had apparently succumbed to the pressures of being unemployable, socially ostracized and subject to a legal battering that included a lawsuit filed last week naming his young children in an attempt to recover funds lost to his father’s $50 billion Ponzi scheme.

“This is a terrible and unnecessary tragedy,” said Madoff’s lawyer, Martin Flumenbaum. “Mark was an innocent victim of his father’s monstrous crime who succumbed to two years of unrelenting pressure from false accusations and innuendo.”

Madoff, who worked on the trading desk of his father’s firm, and his brother Andrew have been accused in lawsuits of benefiting from the theft of billions of dollars. Irving Picard, the trustee for those who lost money in the Ponzi scheme, has described Bernard Madoff’s sons as treating the fraudulent fund as a “family piggy bank”.

In court papers, Picard said Mark received “astronomical compensation” for his work; it totaled $67 million and allowed him to maintain luxury homes in Manhattan and Connecticut.

“Investment firm funds paid for all aspects of his lavish lifestyle from the purchases of his high-end homes to the mattress and box spring he slept on, the television he watched in his home gym and the outdoor shower in his home,” the lawsuit said.

Picard said that Madoff must have been aware that his father was running a fraudulent enterprise because the returns on investments were not realistic.

“It was – or at the very least, should have been – obvious to Mark that the massive gains reflected in his customer account statements did not reflect actual securities transactions or market conditions,” the lawsuit said. Picard has leveled similar accusations against Andrew Madoff.

Madoff’s sons denied any knowledge of their father’s crimes and they have not been charged with any offences. Mark Madoff took his own life on the second anniversary of his father’s arrest.

The New York Times reported that a person who spoke frequently with Madoff recently said he was in “an increasingly fragile state of mind” as the anniversary approached. The paper said that he had expressed bitterness toward his father and anxiety about the lawsuits against his family.

Days before Madoff took his own life, Picard also filed a lawsuit against his children and those of his brother as part of action against the directors of a Madoff affiliate in London.

The New York Times said that Mark Madoff was particularly upset at the naming of his children as Picard seeks to recover monies that Bernard Madoff gave to his extended family over many years.

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Madoff Trustee Picard Fires at Citigroup

December 10th, 2010

Battle stations! Picard opens fire on Citigroup

Irving Picard is a man engaged in battle. After unleashing over 100 lawsuits to claw back funds from facilitators of Bernard Madoff’s Ponzi scheme, Picard has opened fire on seven more banks, including Citigroup and France’s Natixis.

All of the suits seek the return of transfers from Bernard L. Madoff Investment Securities to various Madoff feeder funds. Of the more than $1 billion the receiver is seeking, the two banks account for $825 million.

“Armed with considerable non-public information about Madoff, Citi either knew or should have known that Madoff’s investment advisory business was a fake, and that funds Citi received from these two Madoff feeder funds came from Madoff’s fraudulent activities,” Picard said. “Evidence of awareness of the fraud is clear.”

Nonsense, Citi retorts. The bank will “vigorously defend against these claims by the trustee, as they are without merit and entirely untrue,” it said in a statement. “Citi did not know about nor in any way assist in the Madoff fraud.”

Picard is seeking $425 million from Citi, mostly as a result of a $300 million credit facility it offered a Rye Investment Management fund. The receiver sued Rye’s parent, Tremont Group, on Tuesday.

Picard’s team also didn’t mince words about Natixis, from which it is seeking at least $400 million.

“Armed with knowledge of many badges of fraud, Natixis and its related entities nevertheless provided substantial momentum furthering Madoff’s Ponzi scheme, especially in Europe,” Mark Kornfeld, a lawyer working for Picard, said. “Over time, this international collaboration became critical to sustaining the fraud.”

Piacard is also seeking more than $320 million from Fortis’ prime brokerage, more than $270 million from ABN Amro, about $45 million from Banco Bilbao Vizcaya, at least $35 million from Nomura Bank International and at least $16 million from Merrill Lynch International.

“Although many of these banks questioned Madoff’s trading strategy and returns, they continued to structure transactions seeking to exploit Madoff’s consistent returns,” another Picard lawyer, Ryan Farley, said.

The seven join a roster of many prominent banks sued by Picard. The reciever is seeking $9 billion from HSBC, $6.4 billion from JPMorgan Chase and $2.5 billion from UBS.

Picard is facing a Saturday deadline to file clawback suits in the case. To date, he has collected some $2.6 billion for victims of the $65 billion Ponzi scheme and has filed lawsuits seeking the return of  about $35 billion.

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Madoff Trustee Picard Scores Big Against Swiss Bank

December 8th, 2010

Irving Picard

It was a good day for Irving Picard, the court-appointed trustee for Bernard Madoff’s investment fund. He has been attempting to claw back some of the money stolen by Madoff’s Ponzi scheme, and today won up to $500 million from Swiss bank Union Bancaire Privée (UBP). The settlement agreement is the largest one yet in the Madoff case.

The settlement brings the trustee’s total recoveries to date to $2 billion. Picard says the $500 million settlement represents “a good faith, complete, and total compromise between the parties” given that he would have sued for $1 billion.

“The UBP settlement agreement is the largest feeder fund bank cash settlement to date and the first major international bank settlement, two important milestones for the overall recovery initiative,” said Picard.

A court document filed by Picard as part of the settlement shows he’s been in negotiations with UBP since 2009. UBP had fed Madoff’s bogus investment firm through its Caymans-based M-Invest feeder fund and an external feeder fund firm, Fairfield Greenwich. UBP denies any wrongdoing in the case.

Picard has filed a flurry of lawsuits in the past few weeks in a race against the December 11 deadline for filing (that date marks the two-year anniversary of Madoff’s arrest for the $65 billion Ponzi scheme).

The UBP settlement may send a chill up the spines of Picard’s other targets—including JPMorgan Chase, from which he’s seeking $6.4 billion; and HSBC, from which he’s seeking $9 billion. Both banks stand accused of aiding and abetting Madoff in his fraud.

The Madoff Ponzi scheme is believed to have cost investors more than $20 billion. Madoff himself is serving a 150-year prison sentence after pleading guilty to the fraud.

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Madoff Trustee Picard Seeking to Claw Back $6.4B from JPMorgan

December 6th, 2010

Distant relative of trustee Irving Picard

Irving Picard is one busy court-appointed trustee. He has already filed more than 100 lawsuits against investors in Bernard Madoff Ponzi scheme. These investors, including two banks, allegedly received more money than they invested.

But that was all warm-up for Mr. Picard. Last week, he swung for the fences with a $6.4 billion clawback suit against JPMorgan Chase. Picard accused the megabank of “willfully blind to the” $65 billion fraud.

Details of the lawsuit are unclear—it was filed under seal after JPMorgan “designated virtually all of their information confidential,” Picard said. JPMorgan called the lawsuit “irresponsible and over-reaching,” and said it “did not know about or in any way assist in the fraud orchestrated by Bernard Madoff.

JPMorgan “was at the very center of that fraud, and thoroughly complicit in it,” David Sheehan, a lawyer for Picard, said. Picard is seeking $1 billion in fees and $5.4 billion in damages from the bank, which he called Madoff’s “primary banker.”

Picard filed a second lawsuit, also under seal, against an unidentified company, seeking $3.14 billion.

The two lawsuits follow one filed last week by Picard against UBS, which the trustee said pulled nearly $800 million from Madoff’s funds in the three months before it collapsed and $1.1 billion more in the prior six years. Picard, who is seeking $2 billion, alleges that UBS “lent an aura of legitimacy” to Madoff.

Earlier this week, Picard filed 123 clawback lawsuits. Among the targets was Blue Star Investors, a fund of hedge funds managed by private equity legend Thomas Lee. Picard is seeking nearly $19.7 million in “other people’s money” received by the Lee fund.

The flurry of activity comes as Picard faces a Dec. 11 deadline to file clawback suits. That date, next Saturday, is the two-year anniversary of Madoff’s arrest. To date, Picard has filed lawsuits seeking the return of more than $25 billion; he has actually recovered about $1.5 billion.

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Ponzi Scheme Clawback Suit Settled for $10 Million

November 30th, 2010

Investopedia defines a clawback as “Money or benefits that are distributed and then taken back as a result of special circumstances.” We guess that a Ponzi scheme qualifies as special.

Forty-five investors, including hedge fund Mountain Capital Management, have reached a settlement in the in the Westgate Capital Management Ponzi scheme case. The investors will hand back almost $10 million to Westgate’s court-appointed receiver Lee Richards.

Richards had filed clawback lawsuits against the Woodcliff Lake, N.J.-based hedge fund and other investors, demanding they return the fictitious profits paid out by Westgate. Richards had also accused Mountain founder Neil Monteleone of learning that fellow hedge fund Westgate was a fraud three years before it collapsed, and doing nothing about it.

Mountain denied those allegations; its lawyer, Anthony Paccione, said the firm settled as a “necessary step for all parties to try to move forward.

Mountain will return $8.88 million—the bulk of the settlements reached by Richards. Paccione said that accounted for “all of the fictitious profits that [Monteleone's] funds received over a number of years. It is important to note that my client had no knowledge of the fraud and was defrauded like all of the other victims.”

The 45 settlements netted a total of $9.99 million. Richards said he has now recovered 77% of the phony profits he was seeking, adding that “a number” of clawback cases remain outstanding.

Westgate founder James Nicholson was sentenced to 40 years in prison last month for running the $140 million scam. He pleaded guilty in December, a year after his Ponzi scheme fell apart in the wake of the Lehman Brothers collapse.

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Herr Kiener’s Excuse for Hedge Fund Fraud: Greedy Victims

November 18th, 2010

Helmut Kiener to his victims: "Its YOUR fault!"

Yesterday, we reported how alleged fraudster Helmut Kiener had spent the last year in lockup awaiting indictment for his crimes. He found out only this week that he will be facing over 100 counts of fraud and related charges.

Perhaps the year in the Big House affecting his thinking, because it has become quite convoluted. Herr Kiener plans to blame the clients of his K1 Group hedge fund for the €345 million scam he is accused of masterminding.

Kiener, who was arrested last October but only charged with forgery, fraud and tax evasion this week, will take the stand in his own defense “to expose how greedy the customers were,” his lawyer, Lutz Libbert, told the Financial Times.

How greedy were they? They apparently believed Kiener’s promises of annualized returns of 17%.  The investment community is shocked, SHOCKED at such greed.

Libbert did not comment on the more than 100 counts facing his client, but he did not sound sanguine about Kiener’s chances of beating the rap when he said, “the greed of the investors should help reduce any sentence the court may decide to hand down.”

Kiener has consistently denied any wrongdoing and has claimed K1′s losses were the result of bad investments. Prosecutors say he was running a Ponzi scheme and lied to his banks, Barclays Capital and BNP Paribas, costing them hundreds of millions of euros.

A total of eight people have been arrested in the K1 case, including a managing director of the hedge fund’s administrator, Treukapital Treuhandverwaltung. That man, identified only as Claus Z., was also charged this week.

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German Prosecutors Indict Ponzi Fraudster After A Year In Detention

November 17th, 2010

Suspect was detained in a German prison for over a year.

During WWII, the German Gestapo would think nothing of incarcerating a suspect for a year or longer before perhaps filing charges. Maybe that’s why German prosecutors were comfortable keeping alleged hedge fund fraudster Helmut Kiener on ice for a year as they got their ducks all lined up in a row.

Prosecutors raided Mr Kiener’s home office in Aschaffenburg, near Frankfurt, a year ago and put him under investigative custody. Finally, Kiener has been formally charged with defrauding investors, banks and brokers of €345 million.

Würzburg prosecutors pounded the K1 Group founder with 86 counts of forgery, 35 counts of aggravated fraud and one count of tax evasion. Kiener was arrested last October on suspicion of fraud, one of eight K1 employees or associates arrested in the alleged Ponzi scheme.

Lutz Libbertz, defence lawyer, said Mr Kiener would take the stand in court “to expose how greedy the customers were” who were lured by K1 brochures boasting of stellar returns of 17 per cent a year.

“The investors were allegedly promised substantial profits even though both funds had massive losses,” Dietrich Geuder, a spokesman for the prosecutor’s office, said. “Pretend profits could only be paid out using newly invested money.”

A second suspect in the case, identified as Claus Z., was also charged today. He was a managing director of Treukapital Treuhandverwaltung, K1′s administrator.

Z. was one of three previously unidentified people arrested last week as the investigation continues. Two of them, 35 and 80 years old, were managing directors of Treukapital. The other was the auditor of two K1 funds.

Treukapital’s David Zuendorf was among the five people arrested earlier. Two Kiener associates have been arrested in the U.S., while the fifth, Dieter Frerichs, former managing director of two K1 funds, committed suicide in July.

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