| #523 - December 18, 2007 |
| #523 Updated: 12/18/07 8:16 a.m. Fourth defendant pleads guilty in $25 million bank fraud kansascity.com | 12/17/07 | Mark Davis A fourth defendant has pleaded guilty in the $25 million bank fraud indictment that focused on the business dealings of Kansas City area homebuilder F. Jeffrey Miller. Steve Middleton, 46, of the Stilwell community in Johnson County, pleaded guilty Monday to one count of conspiracy to commit bank fraud in the case. He also pleaded guilty Monday to an identical charge in a $1 million fraud case that named Middleton and a Belton man. Patrick Peters, Middleton’s attorney, had said previously that his client would plead not guilty. The change came under a plea agreement with prosecutors in which most charges were dropped and Middleton agreed to cooperate with the government, Peters said. Prosecutors said Middleton admitted taking part in a conspiracy to inflate the appraised values of homes by refusing to pay appraisers if they did not meet the price set by Miller, selling houses in subdivisions at inflated prices, forgiving second mortgages on inflated properties and using Miller-built homes as comparables in the appraisals. He also admitted that the conspirators created false loan applications and documents to qualify borrowers, who had poor credit and financial problems that would have kept them from getting loans, federal authorities said. Prosecutors have called the Miller operation a “fraudulent real estate machine” that encouraged homebuyers to move in before their loans were completed. At the loan closing, conspirators allegedly raised the sales prices and created second mortgages to cover the amount. Middleton faced only 10 counts in the original Miller indictment in May 2006. A grand jury greatly expanded charges in a superseding indictment last August, including Middleton in all 60 counts. Middleton faces up to 30 years in prison and $1 million in fines at his sentencing scheduled for March 24. Three others pleaded guilty to charges previously and await sentencing. A fourth, Judy Brumble, is scheduled for a change of plea hearing Jan. 7. Nine others, including Miller, await trail in the original and related cases. Ex-JSU employee pleads guilty to stealing school funds clarionledger.com | 12/17/07 | Staff Writer A former purchasing agent at Jackson State University accused of stealing $86,388 from the school has pleaded guilty to embezzlement. Sandreia Vina Jones, 36, received a five-year sentence with four years and 364 days suspended and five years post release supervision, based on an order signed by Hinds County Circuit Judge Winston Kidd earlier this month. She had to serve one day and received credit for time served. She must make $31,441.88 in restitution to the state auditor’s office at $485 a month and attend Gambler’s Anonymous. Jones was indicted last year on one count of embezzlement and was arrested in January. She was accused of embezzling $86,388 between Oct. 1, 2003 and August 2004. She used a credit card issued to her by JSU for school business for personal gain, the auditor’s office said. Jones worked for the university from August 2001 until Aug. 12, 2004 when she was terminated, according to the state auditor’s office. She already had an embezzlement conviction when she was hired. The university has had no comment about her arrest. She was convicted of embezzlement several years ago in Marshall County Circuit Court, according to the Mississippi Department of Corrections. In February 2002, Jones was sentenced to five years of intensive-supervision probation, or house arrest. “It is bad enough when public officials embezzle taxpayer's monies for mere selfish gain. But to steal money from education, from that which is so critical to the betterment of our state and our students, is beyond the bounds of conscience,” State Auditor Phil Bryant said in a statement. Bryant thanked Jackson State officials and the Hinds County District Attorney's Office “for their exceptional cooperation in the investigation and prosecution of this case. Hopefully, we will see the return of every stolen dollar to the university.” Former official pleads no contest Providence Journal | 12/18/07 | John Castelucci PROVIDENCE — Former Pawtucket School Committee member Everett “Ed” Dunn pleaded no contest to embezzlement yesterday, two and a half years after he was arrested and charged with looting the bank account of an elderly woman suffering from dementia who employed him as a nurse. Dunn, 58, was accused of embezzling $219,000 from 89-year-old Jennie M. Rucci and using the money to buy a condominium in Florida, pay his credit card debts and utility bills and make a contribution to his own political campaign. He didn’t deny doing any of those things, but, in a statement he read in court in the presence of Mrs. Rucci’s family members, Dunn asserted that Jennie Rucci put her trust in him because she didn’t want her family to have control of her money or her whereabouts. He said he “provided a level of care beyond anything anyone could imagine.” “I went to her apartment in the morning, washed her, dressed her and took her out every day.” Mrs. Rucci responded by becoming extremely fond of him, Dunn said. “If Jennie and I were standing here together with not one penny in my pocket I know she would rather be here with me than with anyone else on this earth.” The magnitude of the embezzlement became clear, however, when Niewiera and her cousins obtained Mrs. Rucci’s bank records and discovered that Dunn had written 483 checks on her accounts. Among the expenditures, according to the lawsuit Strachman filed on behalf of the family, were $62,208 to pay off Dunn’s and Blais’ loans and credit card debts; $15,429 for goods and services; $7,034 to pay utility bills; $11,831 in miscellaneous payments; $48,375 in checks made payable to cash and to Dunn personally; and $62,195 for the condominium in Florida. Dunn was running for reelection to the Pawtucket School Committee when the lawsuit was filed. On Aug. 28, 2004, he dropped out of the race, moving with Blais to Florida. A criminal investigation was conducted by Sgt. John Lemont and investigator Clifford J. Coutcher of the state police’s financial crimes unit. In June 2005, Dunn and Blais were arrested in Florida and brought back to Rhode Island for arraignment. They were released on $50,000 bail and allowed to return to Florida while they awaited trial. The $140,000 restitution figure was negotiated after prosecutors deducted the amount that Dunn and Blais spent on the Florida condominium. Roger Demers, the special assistant attorney general who prosecuted Dunn, said Mrs. Rucci’s family sold the condo for approximately $67,000 after discovering the purchase, which Dunn attempted to justify as an “investment” on her behalf. Mrs. Rucci is currently a resident of North Bay Manor in Smithfield. If Dunn had gone to trial, Demers said, she wouldn’t have been called as a witness because she isn’t competent to testify. “We would have had to prove the theft case without the victim saying it was a theft,” he said. Paris Club embezzlement case widens UPI.com | 12/17/07 | Staff Writer MOSCOW, Dec. 17 (UPI) -- Moscow officials issued an arrest warrant for a fourth suspect in a $43 million embezzlement case from an international debt restructuring fund. The case centers on allegations against Russian Deputy Finance Minister Sergei Storchak, who is accused of embezzling $43 million from the Paris Club, an informal consortium of international financial officials from the world's leading economic nations examining debt relief and restructuring for indebted countries. The committee overseeing the case said the new arrest concerned debts relating to the chemical company Sodexim, RIA Novosit said Monday. Officials detained Storchak Nov. 15 over concerns he would tamper with evidence in the case or intimidate potential witnesses. The investigating committee also arrested the general director of Sodexim, Victor Zakharov, and Vadim Volkov, president of the Moscow-based Interregional Investment Bank in connection with the embezzlement charges. Developer Pays $52M in Back Taxes webcpa.com | 12/17/07 | Staff Writer Igor Olenicoff, a billionaire industrial and commercial property developer, has pleaded guilty to filing a false 2002 tax return and paid $52 million in back taxes and penalties in an effort to stay out of jail. The 65-year-old faces the possibility of three years in prison and is scheduled for sentencing in April. His wealth is estimated at $1.7 billion by Forbes magazine, which includes him on its Forbes 400 list at No. 286. The developer owns 65 commercial properties, more than 10,000 apartments and 33 residential communities through his company, Olen Properties. He had denied on his tax filings trying to hide his assets offshore, but admitted in his plea agreement that he had transferred $346 million to accounts in Switzerland, the Bahamas and the United Kingdom. Olenicoff has been under investigation by the Internal Revenue Service for 13 years. Subprime Lending with Criminal Intent? cfo.com | 12/17/07 | Stephen Taub Fallout from the subprime-mortgage mess has spread from corporate balance sheets and civil actions by regulators into the criminal arena. Countrywide Financial Corp., the nation's number-one mortgage lender, is being investigated by the attorneys general of Illinois and California for its past lending practices, according to several published reports. Illinois Attorney General Lisa Madigan has subpoenaed documents from Countrywide relating to its loanorigination activities, The New York Times reported. She may expand the probe to look at how homeowners were approved for mortgages with payments they were unable to afford, according to the Associated Press. "We're looking at why people who appear to us to not be able to afford the loans they're in are in these loans and how Countrywide contributed to that," Deborah Hagan, chief of the attorney general's consumer protection division, told the wire service. The Illinois investigation grew out of a probe into broker One Source Mortgage, which the state claims got borrowers into loans called pay-option mortgages, according to The Los Angeles Times. The paper said Countrywide was the chief provider of these loans, which allow borrowers to pay less than the full interest that comes due each month, which then increases the loan balance. The loans were marketed to people who otherwise couldn't afford mortgages. Some borrowers have said they were not told that low teaser rates would be in effect for only one month, while others complained about prepayment penalties if they sold their homes and that Countrywide refused to waive, The New York Times wrote. The Securities and Exchange Commission already was looking into stock trades by CEO Angelo Mozilo before Countrywide's stock tanked earlier this year. Despite Advice, Mayor Still Controls Whistleblower Hotline voiceofsandiego.com | 12/17/07 | Evan McLaughlin Employees at the city of San Diego still do not have an outlet for anonymously reporting financial misconduct to the City Council's Audit Committee, even though a rule requiring the panel to field the concerns of whistleblowers was put in place seven months ago. Instead, officials for Mayor Jerry Sanders are still in charge of the hotline. It keeps in place an arrangement in which City Hall's boss oversees the very forum where potentially embarrassing complaints about his administration are registered, while also having the power to fire the thousands of city employees prone to use the hotline. It's a dynamic that concerns some officials who want to ensure the whistleblower process is an effective fix for a city that has suffered the scrutiny federal investigators and the loss of the its credit rating because of past breakdowns in financial controls. "Any employees that might want to blow the whistle on something and it's a particularly sensitive issue to the mayor's administration, that might cause them to pause," said Jeff Kawar, a fiscal and policy analyst at the council's Office of the Independent Budget Analyst. The hotline is among the several remedies recommended by outside consultants at Kroll Inc. and Vinson & Elkins. Together, the city paid more than $25 million to for the firms' expert opinions. The two firms were hired after the discovery of errors and omission in the city's financial statements, in which the magnitude of the city's looming multibillion-dollar pension and retiree health care liabilities were downplayed. The inaccurate financial statements attracted the attention of the Securities and Exchange Commission, which has since sanctioned the city for securities fraud and fined its former auditor. Audit firms the city hired subsequent to the 2002 and 2003 disclosure problems have withheld their blessings of the city's financial statements, which has in turn barred the city from Wall Street. Vinson & Elkins and Kroll concluded that weak internal controls -- the checks and balances of ensuring financial statements accurately reflect the city's financial health -- contributed to the city's reporting errors in 2002 and 2003. The Audit Committee expects to hear a presentation next month from outside consultants at Jefferson Wells about the best way to handle the hotline, said Councilman Kevin Faulconer, the panel's chairman. Faulconer said he wants to know how other cities arrange their hotlines so that the city can follow the best practices of government. One city where the mayor is not involved in overseeing the hotline is Los Angeles. Employee complaints are routed either through the controller, who is elected, or the Ethics Commission, which is appointed by various city officials. Lee Ann Pelham, the executive director of the Los Angeles City Ethics Commission, said employees would be more reluctant to complain about misconduct at work if they knew their calls were being handled by someone who worked for their boss. ________________________ |
