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Tether Executives Said to Face Criminal Probe into Bank Fraud

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A U.S. probe into Tether is homing in on whether executives behind the digital token committed bank fraud, a potential criminal case that would have broad implications for the cryptocurrency market, Bloomberg News reported. Tether’s pivotal role in the crypto ecosystem is now well known because the token is widely used to trade bitcoin. But the Justice Department investigation is focused on conduct that occurred years ago, when Tether was in its more nascent stages. Specifically, federal prosecutors are scrutinizing whether Tether concealed from banks that transactions were linked to crypto, said three people with direct knowledge of the matter who asked not to be named because the probe is confidential. Criminal charges would mark one of the most significant developments in the U.S. government’s crackdown on virtual currencies. That’s because Tether is by far the most popular stablecoin — tokens designed to be immune to wild price swings, making them ideal for buying and selling more volatile coins. The token’s importance to the market is clear: Tethers in circulation are worth about US$62 billion and they underpin more than half of all Bitcoin trades.

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Former Richmond Attorney Pleads Guilty to Obstructing Investigation of Bankruptcy Embezzlement

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A former Richmond, Va., attorney pleaded guilty to obstructing an official proceeding in connection with his attempts to thwart a 2019 investigation into his own fraudulent conduct as a bankruptcy trustee, the U.S. Attorney’s Office (E.D. Va.) reported. According to court documents, Bruce H. Matson misled the U.S. Trustee’s Office in 2019 when he made false statements in response to allegations that he misappropriated funds as a court-appointed trustee in the bankruptcy of LandAmerica Financial Group (LFG). A federal investigation into those allegations uncovered multiple instances of his embezzlement from the LFG Trust between 2015 and 2018, totaling approximately $800,000 in misappropriated funds. In addition, Matson manipulated the budget for LFG’s post-bankruptcy wind-down period so that he could divert residual funds to himself and others after the close of the LFG bankruptcy, when he would no longer be subject to scrutiny by LFG creditors and the bankruptcy court. In particular, he misrepresented the amount of money needed for the wind-down process and obscured the amount of money actually retained in trust accounts.
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Embattled Real Estate Lawyer Kossoff Can't Shield Docs in Bankruptcy

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A bankruptcy judge in Manhattan has again ordered real estate attorney Mitchell Kossoff, who is under criminal investigation amid accusations of mishandling client funds, to cooperate with the chapter 7 trustee overseeing the liquidation of his law firm, Reuters reported. Chief Bankruptcy Judge David Jones held that Kossoff cannot invoke his Fifth Amendment right against self-incrimination because he is turning over corporate documents from his shuttered firm, Kossoff PLLC, not personal records. Chief Judge Jones rejected the argument made by Kossoff's criminal defense attorney, Walter Mack of Doar Rieck Kaley & Mack, that Kossoff and his law firm are indistinguishable. "Those contentions fail to overcome the collective entity doctrine," Chief Judge Jones said. He ordered Kossoff to turn over the records requested by Al Togut, a bankruptcy attorney overseeing the estate of Kossoff PLLC as chapter 7 trustee. Togut praised Chief Judge Jones' ruling in an email, saying that it "puts to rest Mr. Kossoff’s claim that his Fifth Amendment privilege relieves him of the obligation to cooperate with the trustee." Togut said he expects Kossoff to appear at a meeting of his law firm's creditors, where Togut, as the trustee, will examine him. Chief Judge Jones' ruling comes one month after he designated Kossoff as the person responsible for his real estate law firm, which was forced into bankruptcy by a group of creditors who have claimed that the firm misappropriated more than $8 million in escrow funds.

Entity Behind Brooklyn’s Nassau Brewery Redevelopment Files for Bankruptcy

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The entity tied to the redevelopment of the shuttered Nassau Brewing Company’s former home in Crown Heights, Brooklyn, has filed for bankruptcy and accused the project’s former manager of misappropriating funds, leaving the project unfinished, the Commercial Observer reported. Nassau Brewing Company Landlord LLC filed for bankruptcy with between $10 to $50 million in liabilities, as the entity’s current managing partner, Churchill Real Estate Holdings, seeks to sell the property, according to court records. Churchill also claims that it had to toss out the former manager of the project, Fabian Friedland of Crow Hill Development, “to end several years of fraud and mismanagement which has badly impacted the … development plans,” according to court records. Crow Hill bought the former brewery — which is on the National Register of Historic Places — for $7.5 million in 2008 from CPC Resources. Friedland unveiled plans in 2015 to turn the 1860s building into a mixed-use complex with retail on the ground floor and apartments above it, Brownstoner reported. Crow Hill landed an $18 million loan that year for the project. Churchill joined the project as a preferred member in 2016 when it put $5 million into the redevelopment. In its bankruptcy filing, Churchill said the development stalled “due to a myriad of issues and disputes with Friedland” and that he “grossly mismanaged the project, apparently diverting millions of dollars that should have been put into the rehabilitation.”

Veronica Brill, Todd Witteles Slap Mike Postle with Involuntary Bankruptcy Petition

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Mike Postle’s legal troubles continue. Just months after Veronica Brill and Todd Witteles won anti-SLAPP judgments against Postle in connection with his frivolous $330 million defamation lawsuit against them, the two have filed a joint involuntary bankruptcy petition against him, Cards Chat News reported. The petition, filed in the U.S. Bankruptcy Court for the Eastern District of Colorado, cites Postle as its target under federal chapter 7. In May and June, respectively, Witteles and Brill each won their claims that Postle’s lawsuit against them was an unlawful attempt to stifle their First Amendment right to free speech, and he was thus liable for their legal bills. Presiding judge Shama H. Mesiwala awarded Witteles $26,982 and Brill $27,745. Postle reportedly has not responded to requests for payment from Witteles’s attorney, Eric Bensamochan, nor from Brill’s counsel, Marc J. Randazza. Postle may already be on the hook for more than the $54,727 combined that he owes to Postle. He has also been sued by Wells Fargo Bank and Discover Bank for another $13,700 combined in what appears to be unpaid credit-card debt.
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NRA Says Bankruptcy Shows Why NY Attorney General Cannot Shut It Down

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The National Rifle Association, which unsuccessfully filed for bankruptcy to escape New York's bid to shut it down, said the dismissal of that case nonetheless established that the state's attorney general cannot dissolve it for alleged corruption, Reuters reported. In a court filing, the gun rights group also renewed its demand for an injunction against both a shutdown and the removal of longtime CEO Wayne LaPierre by Letitia James, the state's Democratic attorney general. It said that despite dismissing its chapter 11 case in May, Bankruptcy Judge Harlin Hale’s decision "comprehensively undermine(s) James's false narrative of an organization rife with corruption that it is unable to reform itself." The NRA had filed for bankruptcy in January and said it would relocate to Texas after 150 years in New York, accusing James of suing for its dissolution the previous August because she disliked its politics. James has accused the NRA of diverting millions of dollars to LaPierre and other executives, in part to support lavish lifestyles. Judge Hale threw out the bankruptcy case after a 12-day trial. Citing testimony that the NRA's finances were the strongest in years, he called the case an improper end-run around James, and said LaPierre's decision to pursue it without telling many top NRA officials "nothing less than shocking."

Fallout Continues from Biggest Global Ransomware Attack

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The single biggest ransomware attack yet continued to bite Monday as more details emerged on how a Russia-linked gang breached an exploited software company: The criminals essentially used a tool that helps protect against malware to spread it globally, the Associated Press reported. Thousands of organizations — largely firms that remotely manage the IT infrastructure of others — were infected in at least 17 countries in Friday’s assault. Kaseya, whose product was exploited, said yesterday that they include several just returning to work. Because the attack by the notorious REvil gang came just as a long Fourth of July weekend began, many more victims were expected to learn their fate when they return to the office Tuesday. REvil is best known for extorting $11 million from meat processor JBS last month. Security researchers said its ability to evade anti-malware safeguards in this attack and its apparent exploitation of a previously unknown vulnerability on Kaseya servers reflect the growing financial muscle of REvil and a few dozen other top ransomware gangs whose success helps them afford the best digital burglary wares. Such criminals infiltrate networks and paralyze them by scrambling data and extorting their victims.

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Trump Organization CFO Expected in Court After Indictment

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New York prosecutors are expected to announce the first criminal indictment in a two-year investigation into Donald Trump’s business practices, accusing his namesake company and its longtime finance chief of tax crimes related to fringe benefits for employees, the Associated Press reported. The charges against the Trump Organization and its chief financial officer, Allen Weisselberg, remained sealed Wednesday night but were to be unveiled ahead of an afternoon arraignment at a state court in Manhattan. There was no indication Trump himself would be charged at this stage of the investigation, jointly pursued by Manhattan District Attorney Cyrus Vance Jr. and New York Attorney General Letitia James, both Democrats. Trump did not respond to reporters’ shouted questions about the New York case as he visited Texas on Wednesday, but earlier in the week, the Republican had blasted the New York prosecutors as “rude, nasty, and totally biased” and said his company’s actions were “standard practice throughout the U.S. business community, and in no way a crime.” The planned charges were said to be linked to benefits the company gave to top executives, like the use of apartments, cars and school tuition.
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Kansas City Payday Loan Tycoon Gets 1 Year in Prison for $7.5 Million Bankruptcy Fraud

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A Kansas City payday loan business owner was sentenced yesterday in federal court to spend one year plus a day in prison after pleading guilty to filing a false bankruptcy claim as he sought to offload $7.5 million in debt, the Kansas City Star reported. Del Hodges Kimball pleaded guilty in January to a single count of bankruptcy fraud. In addition to his prison time, Kimball is ordered to pay more than $900,000 in restitution, the U.S. Attorney’s Office for the Western District of Missouri said. Authorities alleged that he spent two years lying about his financial position while holding on to assets he secretly owned to avoid paying back his lenders. In his plea, Kimball admitted his scheme was concocted to defraud the bankruptcy court by concealing assets, bank accounts and making false statements, federal prosecutors said. Acting U.S. Attorney Teresa Moore said the bankruptcy system Kimball admitted to exploiting relies on the honesty, openness and accuracy of those in debt seeking a fresh start. The criminal charges were related to a personal bankruptcy case Kimball brought in 2015. Kimball and payday loan company LTS Management, which he co-owned, were forced into bankruptcy by creditors claiming to be owed millions of dollars from investments into payday lending. In 2017, a bankruptcy trustee accused Kimball of concealing assets, bank accounts and income from his bankruptcy disclosures. Those omissions, according to the trustee, included his sale of a warehouse for nearly $1 million, the sale of three cars for more than $120,000, eight wrist watches worth more than $29,000 and a painting by Rolling Stones guitarist Ronnie Wood. All the while, Kimball claimed he lost millions of dollars in 2013 and 2014 while he actually had a gross income of nearly $160,000 in 2013 and more than $213,000 in 2014, federal prosecutors said.