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Jury Clears Former Dewey Leaders of Some Charges, but Is Deadlocked on Others

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A criminal trial of three former leaders of Dewey & LeBoeuf, already more than four months long, is edging closer to the finish line, The New York Times reported yesterday. A Manhattan jury acquitted the three of several charges that they had falsified the business records of the once-prominent law firm. However, the jury still has dozens of other charges to consider against each of the defendants, after being instructed by the trial judge to continue to work and attempt to overcome what appears to be an impasse in the deliberations. The partial verdict in the trial, which began in late May, came on the 14th full day of deliberations in the trial of Steven H. Davis, Stephen DiCarmine and Joel Sanders, who prosecutors contend oversaw a scheme to manipulate the financial records of the law firm, which collapsed in bankruptcy in May 2012. It may be too soon for the defendants to celebrate, given that so many charges, including several counts of grand larceny and scheming to defraud, are still outstanding. The acquittals did provide for some moments of relief, however.
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Siblings Charged in Bankruptcy Fraud Scheme

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An Evansville, Ind., brother and sister are charged in a bankruptcy fraud scheme, WFIE reported yesterday. Patricia Bippus-Allen and her brother, David Bippus, are accused of falsely filing a joint chapter 13 petition in both Bippus-Allen’s and her husband's name in September 2010. Court records show this was done without her husband's consent. During the scheme, investigators say Bippus-Allen attended a § 341 meeting with creditors — her brother by her side — posing as her husband. Both siblings are facing numerous charges, including wire fraud.

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Dewey & LeBoeuf Jurors Tell Judge They Are Stuck After 13 Days of Deliberation

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After 13 days of deliberation, the Manhattan jury in the criminal trial of three former executives of the Dewey & LeBoeuf law firm may be at an impasse, The New York Times reported yesterday. The 12-person jury sent a note to the judge saying that they were unable to come to a unanimous agreement on a majority of counts against the three men: Steven H. Davis, Stephen DiCarmine and Joel Sanders. Prosecutors contend that the three men orchestrated an accounting fraud at the New York law firm that collapsed in bankruptcy in May 2012. The three are accused of causing tens of millions of dollars in losses for the banks and insurance firms that provided financing to Dewey. The jury’s inability to reach a unanimous verdict on dozens of criminal counts of grand larceny, scheme to defraud and filing false business records is a potentially unsettling development for one of the signature white-collar cases that have been brought by the Manhattan district attorney. The jury sent out its note shortly after the trial judge had asked prosecution and defense lawyers whether he should instruct the jury about the possibility of reaching a partial verdict on some of the counts facing the defendants.
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Lynn Tilton and Patriarch Partners Sued Over Investors’ Losses

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Investors in Lynn Tilton’s funds sued yesterday seeking damages for alleged fraudulent misrepresentation and concealment tied to her multi-billion-dollar debt funds, the Wall Street Journal reported today. Norddeutsche Landesbank Girozentrale and Hannover Funding Co. filed a civil suit in state court in New York, seeking damages from Tilton, her Patriarch Partners LLC and related entities for allegedly misleading them into investing with the financier. The allegations echo those from the Securities and Exchange Commission, which accused Tilton and Patriarch in the spring of fraud and of hiding poor performance of assets in funds they run, called the Zohar funds.

Supreme Court Denies Appeal by Madoff Investors

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The Supreme Court yesterday rejected an appeal by longtime investors with Bernard Madoff who argued the formula used to return money to clients should have treated them more favorably, Dow Jones Daily Bankruptcy Review reported today. By declining to hear the appeal, the high court's move clears the way for court-appointed trustee Irving Picard to distribute more than $900 million to customers defrauded by Madoff's Ponzi scheme. Those funds had been held in reserve while the investors' appeal worked its way through the courts. The investors, some of whom had invested money with Mr. Madoff for several decades, argued that the amount of their recoveries should be adjusted upward for interest or inflation to reflect the time value of money. Lower courts disagreed, ruling the Securities Investor Protection Act didn't permit such adjustments. Read more. (Subscription required.) 

Take a closer look into unwinding financial fraud with ABI’s Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case

Bill and Melinda Gates Foundation Trust Sues Petrobras, Auditor for Fraud

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The trust that manages the $41 billion endowment of the Bill and Melinda Gates Foundation is suing Brazil’s Petróleo Brasileiro SA and its auditor in a New York court, claiming a vast corruption scheme centered on the state-run oil company caused the charitable organization to lose tens of millions of dollars, the Wall Street Journal reported today. The Bill and Melinda Gates Foundation Trust joins a long list of plaintiffs seeking to recoup money they lost as the scandal hammered the value of their investments in Petrobras shares. More than a dozen lawsuits have been filed by U.S. investors who bought American depositary receipts sold by Petrobras in New York, including the attorney general of Ohio, public pension funds in Idaho and Hawaii, and the city of Providence, R.I. Read more. (Subscription required.)

For more on fraud issues surrounding a financially distressed company, be sure to pick up a copy of ABI’s Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case.

New Jersey's Hudson City Bank to Pay Some $33 Million in Redlining Case

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Hudson City Bancorp will pay nearly $33 million to settle civil charges alleging the New Jersey-based bank wrongfully discriminated against prospective black and Hispanic home buyers, in a case that marks the largest ever redlining settlement in history, Reuters reported yesterday. The joint action by the U.S. Justice Department and Consumer Financial Protection Bureau said that Hudson City Savings Bank tried to avoid locating branches and marketing mortgages in neighborhoods with a majority of black and Hispanic residents. If approved by the court, Hudson City will be required to pay $25 million in direct loan subsidies to qualified borrowers in the affected communities, plus another $2.25 million toward community programs and outreach and a $5.5 million penalty. The bank said it disagrees with the statistical analysis the government did of the loans at issue in the case, but wanted to avoid litigation.

Dewey & LeBoeuf Jury Sifts Through Evidence, Ponders Reasonable Doubt

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Jurors deliberating the guilt of three former Dewey & LeBoeuf executives now have hundreds of pages of documents at their disposal, including dozens of emails that were entered into evidence during the course of a nearly four-month-long trial, the American Lawyer reported today. Friday was the second full day of deliberations in the criminal trial of former Dewey & LeBoeuf chair Steven Davis, former executive director Stephen DiCarmine and former chief financial officer Joel Sanders. The three have been accused of orchestrating a scheme to doctor their firm’s records in order to paint a more positive financial picture for lenders and investors. Acting New York Supreme Court Justice Robert Stolz, who is presiding over the case, read off the numbers of each of the exhibits the jurors requested. Assistant District Attorney Peirce Moser handed over the evidence in the form of three black binders, two of which were about five inches thick. The jurors also wanted guidance on how to weigh the charges, which include counts of grand larceny, conspiracy, scheming to defraud, falsifying business records and violating New York's Martin Act.

Prosecutors File Charges Against Former CEO of Mt.Gox Bitcoin Exchange

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Japanese prosecutors have filed charges against Mark Karpeles, the former head of defunct bitcoin exchange Mt. Gox, accusing him of stealing $2.7 million of clients' money, Reuters reported. The French-born Karpeles was arrested last month in connection with the disappearance of hundreds of millions of dollars worth of the virtual currency. The charges, which were filed on Friday, said that Karpeles embezzled a total of 321 million yen ($2.66 million) by transferring clients' funds deposited at Mt.Gox's bank account to other accounts. Karpeles was suspected of falsifying data on the outstanding balance of the exchange, at one point the world's largest hub for trading the digital currency, Japanese media reported at the time of his arrest.

New York Global Group’s Wey Charged in Reverse-Merger Fraud

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Benjamin Wey, who made a career of bringing Chinese companies onto U.S. exchanges, was indicted for fraud in connection with three reverse mergers, Bloomberg News reported yesterday. Wey is accused of using family members to help him secretly amass ownership of large blocks of stock in companies he took public and then manipulate the price of their shares. Prosecutors claim that he was aided in the scheme by a broker in Switzerland, Seref Dogan Erbek, who was also charged yesterday. The founder of New York Global Group was recently found liable in an unrelated lawsuit claiming he sexually harassed a Swedish intern, Hanna Bouveng, and then falsely smeared her as a prostitute and drug addict. A Manhattan jury in June awarded Bouveng $18 million.

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