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Disbarred Beverly Hills Lawyer Pleads Guilty to Federal Charge that He Embezzled His Client’s Money and Used It to Pay Off Debt

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A disbarred Beverly Hills lawyer pleaded guilty today to a federal criminal charge for scheming to steal more than $500,000 from a client he represented in bankruptcy proceedings and then use part of the money to pay off a $75,000 debt, according to a Department of Justice press release. Alan F. Broidy pleaded guilty to a one-count information charging him with interstate transportation of stolen property. According to his plea agreement, Broidy was hired to represent GRL-Mesa Investments LLC, a Phoenix-based company that filed for chapter 11 protection in U.S. Bankruptcy Court in Los Angeles in December 2015. In August 2016, the bankruptcy case was resolved and dismissed. Broidy was directed by the court to hold $2,469,926 in a client trust account — funds derived from the sale of assets belonging to GRL-Mesa’s bankruptcy estate. This money was supposed to be distributed to Mesa’s creditors. Although he transferred a total of $1,937,400 of Mesa’s funds to its creditors, including $975 owed to the United States Trustee, Broidy did not return the remaining $512,526 that belonged to Mesa. Instead, he stole it and used it to pay for personal expenses.

Noble May Face $2.7 Billion Fraud Trial Amid Bankruptcy Proceedings

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Offshore driller Noble Corp may have to defend itself against a $2.7 billion fraudulent transfer lawsuit as it embarks on a chapter 11 case in which it is trying to wipe out $3.4 billion in debt, Reuters reported. The company, which filed for bankruptcy on Friday, has been tied up in litigation surrounding its 2014 spinoff of Paragon Offshore. Paragon creditors, via a litigation trust, sued Noble in 2017 after Paragon completed its own bankruptcy, saying the spinoff was a fraudulent transfer. The Paragon creditors and Noble defendants filed competing motions for partial summary judgment, which were slated for a trial to begin on September 14 in Delaware bankruptcy court. That trial is on hold as a result of Noble's bankruptcy and the automatic stay protecting chapter 11 debtors from litigation. But a lawyer for the Paragon creditors, Jeffrey Zeiger of Kirkland & Ellis, said during Noble's first bankruptcy hearing on Monday that the creditor trust will seek relief from the stay, which would allow the trial to continue, absent a settlement of the creditors' claims. Despite mediation before retired U.S. Bankruptcy Judge Kevin Gross, the two sides have been unable to resolve the claims, Zeiger said during Monday's hearing. Gross has said in court papers that he believes the parties will ultimately settle, but Zeiger and Noble lawyer George Panagakis of Skadden, Arps, Slate, Meagher & Flom said that they are preparing to deal with the litigation if no agreement is reached.

East Idaho Man Pleads Guilty to Knowingly and Fraudulently Concealing Assets in a Bankruptcy Proceeding

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Andrew Welch of Idaho pleaded guilty to knowingly and fraudulently concealing assets in a bankruptcy proceeding and agreed to immediately forfeit $25,000 to the U.S., Idaho State Journal reported. He was indicted by a federal grand jury in Pocatello on Aug. 27, 2019. Sentencing is set for Oct. 14, 2020. According to court records, Welch, a former pharmacist, filed a voluntary chapter 7 petition and supporting documents on April 3, 2014, and listed general unsecured debts totaling $273,840.88. Welch, however, signed the petition and supporting documents under the penalty of perjury, falsely stating he did not own any real property and that he only had personal property worth $13,564.60. He knowingly and fraudulently failed to disclose in the bankruptcy petition and supporting documents the transfer of more than $250,000 of his own funds to an investment account held in the name of another individual. Those transfers occurred through cashier’s checks, cash deposits, wire transfers and money orders between September 2012 and January 2015, and Welch made all the transfers to conceal such funds. Welch faces up to five years in federal prison, a maximum fine of $250,000, and one year of supervised release. This case was investigated by the Internal Revenue Service Criminal Investigation.
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FirstEnergy Customer Files Potential Class-Action Lawsuit Seeking Refund of Rate Hike

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A FirstEnergy customer filed what could become a class-action lawsuit in an effort to make the electricity company refund customers for rate hikes that resulted from a billion-dollar nuclear bailout now at the center of a corruption scandal, Cleveland.com reported. The lawsuit filed by Jacob Smith accuses the Akron-based utility of committing civil racketeering by bribing law Ohio House Speaker Larry Householder to introduce House Bill 6, then illegally bankrolling a dark-money campaign to pressure legislators into supporting the bill and fending off a ballot initiative to repeal it. The goal of the scheme was to deprive ratepayers of money through the law that required them to pay a monthly surcharge on power the company delivered, the lawsuit says. The 34-page complaint filed in U.S. District Court in Columbus also asks a federal judge to grant class-action status, a move that would allow hundreds of thousands of customers from across the state to join as plaintiffs and seek refunds. House Bill 6 required every Ohio customer to pay a new monthly surcharge that ranged from 85 cents for residential customers to $2,400 for operators of large industrial plants. It also stripped requirements that traditional utility companies generate a certain percentage of the power they provide from renewable energy, which supporters said would result in a net savings for consumers.

Florida Man Fraudulently Obtained $3.9 Million in PPP Loans and Used Some to Buy Lamborghini

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A Florida man has been arrested and is facing charges after federal prosecutors say he “fraudulently” obtained nearly $4 million in Paycheck Protection Program (PPP) loans and used some of the money to buy a Lamborghini sports car, The Hill reported. David Hines of Miami was charged with one count of bank fraud, one count of making false statements to a financial institution and one count of engaging in transactions in unlawful proceeds, the Department of Justice (DOJ) announced. The office said a complaint filed against he man alleges he fraudulently obtained $3.9 million in PPP loans, which were intended to help support small businesses and other organizations hit by the COVID-19 pandemic, after initially seeking roughly $13.5 million in PPP loans “through applications to an insured financial institution on behalf of different companies.” After being approved for a fraction of the amount by a financial institution, he allegedly spent roughly $318,000 on a 2020 Lamborghini Huracan sports car and registered the vehicle in his name and the name of one of his companies. The department said authorities seized the sports car and $3.4 million from bank accounts at the time of Hines’ arrest.
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Larry Householder Bribery Scandal May Carry Economic Impact

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With FirstEnergy Corp. and its former subsidiaries implicated in a public corruption scandal, market analysts are sharing varying degrees of concern for the economic toll two of Akron’s biggest employers could pay, The Columbus Dispatch reported. Racketeering charges against lobbyists and lawmakers, who allegedly took donations in exchange for a $1 billion energy bailout bill, all but named FirstEnergy and its former power-generation subsidiary FirstEnergy Solutions as the source of the cash. FirstEnergy Solutions is now Energy Harbor after emerging in February from chapter 11. Now two companies with headquarters in Akron and thousands of employees in multiple states, FirstEnergy Corp. and Energy Harbor say that they are reviewing the criminal complaint and cooperating with federal investigators. Neither will talk about the potential impact on business or investor confidence. Stock prices for both companies are off by a third since the scandal broke. Subpoenas announced for FirstEnergy followed the arrests of Ohio Speaker of the House Larry Householder, former GOP Chairman Matt Borges and three top statehouse lobbyists. The men and Generation Now, a dark money group that investigators believe Householder used to conceal FirstEnergy donations, are being charged with racketeering. Political backlash could be especially costly for Energy Harbor, which is depending on the controversial state bailout signed into law last year. Two Republicans and several Democrats said that they intend to claw back the subsidy.
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Purdue Pharma’s Legal Fees Mount Amid Calls for Probe Into Drugmaker

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OxyContin maker Purdue Pharma LP has racked up $277 million in professional fees in the first nine months of its bankruptcy — four times as much as it spent on research and development, The Wall Street Journal reported. The professional fees that the company incurred between September 2019 and the end of June include $134 million paid to court-approved bankruptcy lawyers and advisers, such as mediators who have collected $4 million for their efforts to break an impasse holding up a settlement over how much Purdue should pay for its alleged role in the epidemic of opioid addiction. So far, those efforts haven’t paid off. Dozens of states and other authorities spurned a settlement offer at the start of the company’s bankruptcy; none has had a change of heart. The settlement offer remains unchanged. Purdue Pharma filed for bankruptcy to resolve liability for its role in driving the epidemic of addiction. The Sackler family, which owns the company and has been sued along with Purdue, denies wrongdoing but has offered $3 billion and other concessions to settle with opioid victims as part of the company’s bankruptcy. Bankruptcy froze litigation against the company and the Sacklers, including the discovery proceedings that would allow people to dig into the company’s records to ascertain who made decisions that flooded communities with opioids. Lawsuits continue against other drugmakers and distributors, which are keeping an eye on Purdue’s bankruptcy. Leading law professors have called on federal bankruptcy watchdogs to back an independent probe of Purdue Pharma so that victims of the opioid crisis can learn the extent of the Sacklers’ involvement before deciding whether to vote for or against grants of legal immunity for them.

San Diego Businesswoman Faces 15 Years after Guilty Plea for Role in $400M Ponzi Scheme

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A San Diego businesswoman pleaded guilty to conspiracy, securities fraud and obstruction of justice charges stemming from a $400 million Ponzi scheme, in which she took investor funds intended as loans for liquor licenses and funneled the money into her companies and for personal purchases, City News Service reported. Gina Champion-Cain, founder and former CEO of American National Investments, was charged by the Securities and Exchange Commission last summer for taking millions from investors and telling them the money would be used to support loans for people seeking California liquor licenses. Instead, she used the money for personal expenses, to fund her other businesses or to pay back other investors, prosecutors said. Champion-Cain faces a maximum possible term of 15 years in prison. Sentencing is slated for Oct. 13. Former American National Investments CFO Crispin Torres also pleaded guilty to helping Champion-Cain transfer investor funds from escrow accounts to keep her businesses afloat. Prosecutors said he also fabricated receipts and opened a bank account under a name similar to a well-known escrow company for investors to deposit their funds into, which “further supported the investors’ belief that the lending program was legitimate.” More than $400 million from more than 100 investors went into the scheme between 2012-19. Prosecutors said at least one financial institution lost more than $1 million, and that the loss to all investors ranges from $65 million to $150 million.
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Rochester Attorney Suspended for Misappropriating Client Funds

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A split Minnesota Supreme Court ruled that a Rochester attorney be suspended from practicing law after upholding a referee’s findings that the man misappropriated client funds and failed to adequately communicate with two clients, Post Bulletin reported. Michael J. Quinn was ordered to be indefinitely suspended with no right to petition for reinstatement for 18 months. The suspension goes into effect 14 days after the high court’s ruling. If he applies for reinstatement, he must successfully complete a written test on the subject of professional responsibility. The Director of the Office of Lawyers Professional Responsibility filed a petition for disciplinary action alleging Quinn misappropriated a client’s filing fee, failed to safeguard the filing fee, failed to promptly return the filing fee to the client, failed to adequately communicate with two clients, and failed to fully cooperate with the director’s investigations, according to the ruling. Quinn did not immediately return a $306 filing fee to a client after the client decided not to file a bankruptcy petition. It took about four years for the money to be returned to the client. He was also found to have not communicated with a client about a bankruptcy filing he did on her behalf. The woman did learn of her case’s resolution through the bankruptcy court and a trustee.
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Wirecard Woe Spreads as Banks Struggle to Exit Loans

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Wirecard AG’s insolvency is inflicting pain on some banks who lent to the once-highflying, now-insolvent German fintech, the Wall Street Journal reported. Some of Europe’s largest lenders anticipate recovering as little as 20 percent of the almost $2 billion they are owed. Meanwhile some banks seeking an exit from their portion of the loan are challenged to find buyers at cents on the euro even as Wirecard’s insolvency administrator seeks to sell the company’s assets to pay off debt. Those struggles underscore expectations among some investors, investment bankers and restructuring experts that Wirecard’s lenders and other creditors are unlikely to recoup much of what they are owed. Fraud allegations against Wirecard over its accounting will push potential buyers to comb through the company’s books to evaluate the businesses. But that takes time, raising the risk of Wirecard customers flocking to rivals and further undermining any effort to realize value from asset sales. Wirecard’s debt load includes a €1.75 billion ($2 billion) revolving credit facility. Lloyds Banking Group PLC is one of the 15 lenders to that facility. It is owed around €120 million, yet sold the holding recently at around 18 cents on the euro to distressed debt hedge funds, according to the people and others familiar with the transaction. The move suggests the bank didn’t expect insolvency proceedings to generate much value for stakeholders.