Posts Tagged ‘Securities Fraud’
This morning, U.S. District Court Judge Denny Chin sentenced Bernard Madoff to the maximum sentence of 150 years of prison for his role in a “historic” multi-billion dollar fraud.
Judge Chin stated “Here the message must be sent that Mr. Madoff’s crimes were extraordinarily evil and that this kind of manipulation of the system is not just a bloodless crime that takes place on paper, but one instead that takes a staggering toll.”
Mr. Madoff’s “error of judgment” or “tragic mistake” (as he referred to his fraud) devastated the lives of thousands of people. While it is unlikely that Mr. Madoff’s former clients will receive any significant restitution, it is comforting to see that he was not able to buy leniency and that the maximum sentence was ordered.
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On June 11, 2009, the Securities and Exchange Commission filed two fraud actions against different financial/investment advisers.
Morgan European Holdings ApS, et al.
On June 11, the SEC obtained an emergency court order and asset freeze to shut down a fraudulent prime bank scheme. The action was filed in the United States District Court for the Middle District of Flordia against Morgan European Holdings ApS, a/k/a Money Talks, Inc. ApS, John Morgan, Marian Morgan, Bowman Marketing Group, Inc., Stephen E. Bowman, and Thomas D. Woodcock, Jr.
According to the Litigation Release, the SEC has alleged that the Defendants solicited investments in fictitious prime bank trading programs. As noted in the Release,
the Complaint alleges that, during 2006 and 2007, the defendants raised millions of dollars from investors to participate in a fictitious investment program involving the trading of financial instruments among top financial institutions. The defendants told investors that their principal was guaranteed or never placed at risk. However, according to the Complaint, the defendants used investor funds for various undisclosed purposes, including Bowman’s gambling expenses, mortgage payments by the Morgans, and Ponzi payments to some investors. The SEC claims that John Morgan, Marian Morgan, and Stephen Bowman have continued to lull investors into remaining complacent by promising the imminent payment of their principal and returns. None of the relevant offerings was registered with the Commission, nor were any of the defendants registered as a broker-dealer or associated with a registered broker-dealer.
The SEC claims that the Defendants’ actions violated Sections 5(a), 5(c), and 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. In addition the individual defendants were charged with violation of Section 15(a) of the 1934 Act. A hearing on the preliminary injunction is scheduled for June 25.
Aura Financial Services, Inc.
The SEC also charged an Alabama Broker-Dealer, Aura Financial Services, Inc., with engaging in fraudulent sales practices and high pressure sales tactics to convince customers to open an account and invest money with the firm. The SEC alleges that the firm and six of its representatives unfairly enriched themselves by more than $1 million in commissions and fees. At the same time, the customers’ accounts were largely depleted “through trading losses and excessive transaction costs.”
More information about this matter can be found by reading the SEC’s Litigation Release.
On June 10, 2009, the Securities and Exchange Commission charged Matthew Weitzman, a New York investment adviser, with defrauding his clients out of $6 million. According to the SEC’s Litigation Release (No. 21078), some of these clients were terminally ill or mentally impaired.
The SEC filed its complaint in the U.S. District Court for the Southern District of New York. The Litigation Release also states that:
The SEC alleges that Matthew D. Weitzman sold securities in clients’ brokerage accounts and illegally funneled their money to a bank account that he secretly controlled. While Weitzman spent the money on a multi-million dollar home, cars, and other luxury items, he provided false account statements to clients often showing inflated account balances and securities holdings. Weitzman also submitted to a broker-dealer phony letters from clients that purported to authorize the money transfers. When clients questioned Weitzman about the transfers they did not authorize, he misrepresented that he was withdrawing their funds to make legitimate investments.
Mr. Weitzman is the co-founder and a principal of AFW Wealth Advisors, which is an alternative name for AFW Asset Management, Inc., a registered investment advisor located in Puchase, New York. According to the SEC’s release, Mr. Weitzman was also the Compliance Officer for AFW.
This is another example in a long line of instances just this year where an investment adviser has been alleged to have abused the trust and confidence placed in them by their clients. Fortunately, securities regulators are taking a more active role in finding, investigating, and, where appropriate, prosecuting offenders. Unfortunately, clients are suffering millions, if not billions of dollars in losses.
The Kueser Law Firm represents investors that have been the victims of securities fraud, investment fraud, as well as other forms of stockbroker and financial adviser misconduct. In addition, the firm represents consumers that have been defrauded. If you would like to contact the firm for a free consultation, please call 816.374.5865 or visit our website, www.jmkesquire.com, for more information.
The Securities Investor Protection Corporation (SIPC) has announced that it has committed more than $61 million to victims of Bernard L. Madoff Investment Securities LLC. The SIPC has mailed letters to 125 claimants in the SIPA liquidation proceedings. In total, there have been 8,848 customer claims filed.
The SIPC has also announced that it anticipates it will have more than $100 million by Memorial Day. The news release also stated the following recent developments:
- Identification and recovery to date of a total of $1 billion in Madoff-related assets. Related proceeds will be available as “customer property” to make payments to eligible BLMIS customers.
- The filing of lawsuits to recover $10.1 billion in fictitious profits paid out by BLMIS. These funds also would be made available as customer property in order to satisfy valid BLMIS customer claims. That total includes lawsuits filed this week naming various trust funds and partnerships run by investor Jeffry M. Picower and the Harley International hedge fund.
- Expansion of the SIPC Fund. SIPC is committed to advancing funds immediately upon the trustee’s request. Harbeck assured claimants that SIPC will have sufficient funds to carry out this mission. The SIPC Board of Directors has authorized the reinstitution of revenue-based assessments on members of the Securities Investor Protection Corporation; and
- The creation of a “hardship case” process. Instituted in recent days by the Trustee, this process is intended to expedite the handling of claims from individuals in financial or other distress.
Darren Barbee of the Fort Worth Star-Telegram has written a good article that outlines various ways investors can reduce the risk of being defrauded by a financial or investment adviser.
This is a “must read” article that anyone who is dealing with an investment adviser. In addition, The Kueser Law Firm’s website contains an Investor Resource Center that provides helpful links to several sources that investors can utilize to do a background check on their financial or investment adviser (Investment Adviser Public Disclosure) and stock broker (BrokerCheck), as well as insurance agents that are registered to sell variable insurance products (BrokerCheck). In these uncertain times, it is imperative that investors know everything they can about the professionals they entrust with their future.
As reported in the New York Times, California’s Attorney General filed a lawsuit today against three Wells Fargo companies, including Wells Fargo Investments. The suit stems from Wells Fargo’s “false and deceptive advice” to its customers that Auction Rate Securities were safe and liquid as cash.
As has been reported significantly, a number of firms have faced class actions, individual lawsuits, arbitration claims, and regulatory action as a result of marketing Auction Rate Securities as “cash equivalents.” In fact, Auction Rate Securities are long-term investments that had interest rates that reset periodically at auctions. Prior to February 14, 2008, the largest investment banks and broker-dealers supported the auction markets. However, when these firms ran into liquidity problems, they became unable to continue their support. As a result, there was not enough money in the auctions to keep them running. This caused the auctions to fail and resulted in owners owning billions of long-term bonds and perpetual preferred securities that generally paid interest rates equivalent to rates paid on short-term investments.
While the majority of the prospectuses for Auction Rate Securities disclosed potential risks related to auction failures, most customers never received a copy of the prospectus at the time of sale. In fact, many investors were not provided a prospectus until after the auctions failed. Unfortunately, by that time, it was too late as the risks had become self-evident.
If you own Auction Rate Securities that have not been redeemed, you may want to contact an attorney to discuss your rights. The Kueser Law Firm is a boutique legal practice that focuses its practice on protecting the rights of investors and recovering investment losses for companies and individuals. You may contact us by completing the form to the right, or by visiting our website.
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