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Veterans Suffered, Investors Lost Millions in Nationwide Schemes

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Many financially vulnerable veterans fell into a carefully conceived trap that lured them into redirecting part of their monthly benefits for a cash advance from investors, USA Today reported. This business of buying and selling military benefits spread to at least 33 states before unraveling. In the last two years, investigators cracked down on the companies. More judges ruled that their transactions violate states and federal laws. The fallout created two sets of victims: Veterans and the people who provided them money. Veterans fell deeper into debt, while investors saw their nest eggs vanish as the veterans stopped paying and the companies collapsed. The architects of these arrangements were the only ones who truly profited. Their bank accounts swelled, sometimes into seven figures. Their riches came from high commissions, sometimes up to 50 percent, hidden fees and exorbitant interest rates as high as 240 percent. The company Future Income Payments ballooned into what's been described as a billion-dollar enterprise. Investors lost $451 million when that business burst last year, according to records obtained by the FBI. Its founder, Scott Kohn, was indicted in Greenville, S.C., on a federal charge of conspiracy to commit wire fraud and mail fraud in connection with the buying and selling of military benefits. The charge carries a maximum 20-year prison sentence. Jury selection is set for February. A Government Accountability Office report issued in October said the U.S. Department of Veterans Affairs should do more to prevent the financial exploitation of veterans. One recommendation in the report: "Centrally collect and analyze information, such as complaints against companies, that could show the prevalence of these scams, help VA target outreach to veterans, and help law enforcement go after scammers."

Farmer Pleads Guilty to Crop Insurance, Bankruptcy Fraud

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A Kansas farmer has admitted to defrauding federal government crop insurance programs before lying in court documents when filing for bankruptcy, the Wichita Eagle reported. Trego County (Kansas) farmer Kevin W. Struss pleaded guilty Monday at a federal courthouse in Wichita to one count of federal crop insurance fraud and one count of bankruptcy fraud, court documents show. In the plea deal, prosecutors said they plan to ask the court for more than $2.1 million in restitution. That total includes more than $600,000 in insurance premium benefits, more than $1.2 million in federal crop insurance premium subsidies and more than $270,000 in administrative costs. Struss admitted in the plea agreement that in the spring of 2015 he devised a scheme to defraud the Federal Crop Insurance Corporation. The plan involved making false proof-of-loss statements that under-reported his total harvested bushels of corn and grain sorghum, which is also known as milo. Those crops had been insured with an FCIC subsidy. As a result of the scheme, he was paid crop insurance benefits to which he was not entitled. Then in April 2018, Struss filed for bankruptcy. He marked that he had not transferred property to anyone in the previous two years, but in fact, Struss admitted in his guilty plea that he had transferred $470,000 to someone else within the three months before he filed for bankruptcy.

Liquidator Seeks More Funding in Hunt for $600 Million in British Pyramid Scheme

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Liquidator Grant Thornton is seeking litigation funding to step up its hunt for 500 million pounds ($632.30 million) invested in U.K. company Euro Forex, which Chinese police have said was a pyramid scheme, Reuters reported. Reuters reported in 2016 how Euro Forex, or EuroFX, allegedly scammed thousands of investors in China and other countries. EuroFX had a British CEO and headquarters and has since been wound up. Grant Thornton was appointed liquidator in July 2017, and is representing nearly 3,000 investors. It has not yet managed to find any of the missing EuroFX money, it said in a progress report filed with the U.K. companies registrar last month. “We are in discussions with a litigation funder,” said David Ingram, without naming the company or saying how much funding he was looking to raise. He said he hoped to secure the funding in 6-12 months. Grant Thornton is representing 2,939 claimants with a total investment of 475 million pounds, the filing showed. Ingram said it was not possible to say how many people invested in EuroFX overall.

Fyre Fest Founder Billy McFarland's Attorney Removed from Bankruptcy Process

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A New York judge granted Billy McFarland's request to withdraw his attorney from bankruptcy proceedings on Thursday, meaning the Fyre Fest founder will represent himself moving forward, Billboard reported. In a handwritten letter to Bankruptcy Judge Martin Glenn dated Oct. 1, McFarland asked for permission to remove his attorney, Tallen Todorovich, and his firm, the Law Office of Tallen PC, from the failed festival's chapter 7 bankruptcy case. McFarland is currently serving a six-year prison sentence in connection with Fyre at the Federal Correctional Institution, Otisville, and because of this he noted he "cannot afford to pay Todorovich." Trustee Greg Messer is overseeing the Fyre Fest bankruptcy and has filed more than a dozen lawsuits in connection with about $16 million fraudulently raised and spent by McFarland. Subjects of those lawsuits include American Express, modeling agency DNA and four talent agencies, among others. Based on McFarland's letter to Judge Glenn and the judge's order approving his attorney's removal, McFarland seems likely to accept whatever amount the trustee determines the creditors lost. He will be responsible for that amount, minus what monies the trustee can claw back from those who profited off the festival.

Unlicensed Lawyer Sentenced to More Than 4 Years in Federal Prison for Cheating ‘Clients’ and Fraudulently Seeking Income Tax Refunds

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A Pasadena, Calif., man who falsely claimed to be a licensed attorney was sentenced today to 50 months in federal prison for his conviction on charges related to his representation of “clients” in federal and state courts, according to a DOJ press release. Kenneth Paul Ferreyro also sought well over $100,000 in refunds on federal tax returns that falsely claimed substantial payroll taxes had been withheld and remitted to the IRS. U.S. District Judge John F. Walter imposed the sentence, calling Ferreyro’s criminal conduct “absolutely despicable.” In addition to the prison term, Judge Walter ordered Ferreyro to pay $190,887 in restitution to the IRS. Following a four-day trial in April, a federal jury convicted Ferreyro of four counts of wire fraud and four counts of making false claims on his tax returns. Judge Walter remanded Ferreyro into custody after the guilty verdicts were read. The evidence presented at trial showed that, from at least 2010 until 2017, Ferreyro told people, most of whom were affiliated with his father’s church, that he could represent them in bankruptcy court and other courts, and that he could perform work related to real estate refinancing and tax liens. While Ferreyro graduated from law school, he never received a license to practice law.

Health Company Touted by Sports Stars Ran Pyramid Scheme, F.T.C. Says

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N.F.L. star quarterback Drew Brees called it a “rewarding” opportunity, a chance to market health products trusted by thousands of people. Former President George W. Bush spoke at a sales conference in Texas designed to tout its “economic value.” But there was more to the nutritional supplement provider and multilevel marketing business operated by AdvoCare International. AdvoCare yesterday agreed to pay $150 million to settle charges by the Federal Trade Commission that it operated an illegal pyramid scheme that deceived customers into thinking they could earn significant income as distributors of its products, the New York Times reported. In addition to the financial settlement, the Texas-based company will be banned from the multilevel marketing business. For years, AdvoCare recruited hundreds of thousands of consumers across the country to market its health products, promising “the average person a financial solution that will enable them to earn unlimited income,” the F.T.C. wrote in a complaint filed yesterday in federal court in Texas.

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In the Decade Since Madoff, Ponzi Schemers Try New Tactics

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ABI Bankruptcy Brief


September 26, 2019

 
ABI Bankruptcy Brief
 
 
NEWS AND ANALYSIS

In the Decade Since Madoff, Ponzi Schemers Try New Tactics



It has been more than 10 years since Bernard L. Madoff was caught running the biggest Ponzi scheme in history, a case that became a cautionary tale for investors and a call to action for regulators. The Securities and Exchange Commission made changes in its enforcement division to better detect fraud, established specialized teams and even revamped its system for handling tips from the public. But the prosecution of Madoff — who took investors for more than $50 billion — was not the Ponzi case to end all Ponzi cases. The SEC brought 50 percent more Ponzi prosecutions in the decade after Madoff’s arrest than in the 10 years before, according to a New York Times analysis of the agency’s enforcement announcements. Whether the increase is the result of enhanced enforcement or a proliferation of scammers, records show that Ponzi victims lost $31 billion in the decade beginning 2009, more than three times the amount lost in non-Madoff schemes in the previous decade. (The figures are not adjusted for inflation.) Half the 291 cases brought in the past decade involved schemes promoting nontraditional products. In the decade before the Madoff case, about 38 percent did. “Fraudsters are trying to wrap themselves in new products to garner the attention of investors,” said Jeff Boujoukos, director of the SEC’s Philadelphia regional office. It’s not the only way that scammers have sought to distinguish themselves. Some victims said they had been fooled by pitches offering modest returns, which made them seem more believable than promises of astronomical profits.



Marijuana Banking Bill Expected to Gain Traction in Senate



The Senate is poised to take up legislation to boost the nation’s booming cannabis industry, with its backers feeling bullish and selling it as a bill that is more about banking than marijuana, Politico reported. Their confidence follows action in the House yesterday, where Democrats and Republicans joined forces to pass a historic bill that would give legalized marijuana businesses access to banking services. Senate Republicans are expected to act as lawmakers face the inescapable reality of the 33 states and counting that have legalized marijuana in some form. The strongest indicator has come from Senate Banking Committee Chairman Mike Crapo (R-Idaho), who, after months of weighing the issue, said that he wants to advance the legislation. “It’s a problem that keeps coming up,” Sen. Marco Rubio (R-Fla.) said. “I think you can be against marijuana and still understand that if it’s going to be a legalized product, we need to be able to control it through our banking system.” It’s with that dichotomy in mind that advocates are approaching the Senate. Champions of the legislation proved in the House that it was possible to build a broad, bipartisan coalition to retool marijuana laws, even as many Republicans resist legalization and the drug remains illegal at the federal level. The House legislation wouldn’t change the legal status of cannabis but would shield banks and insurers from penalties if they choose to serve the industry in states where it has become lawful.







Analysis: Big Banks Loom over Fed Repo Efforts



The dominance of big firms trading in the overnight market for cash loans is hampering Federal Reserve efforts to calm short-term funding markets, the Wall Street Journal reported. Activity in the market for repurchase agreements, or repos, where banks and investors seek more than a trillion dollars in cash loans every day, has increasingly concentrated at large banks. When those banks hoard reserves, it can drive borrowing costs higher for smaller firms, according to a study by Fed economists published last year. The five largest banks hold more than 90 percent of the supply of total reserves, and a more even distribution would help cushion against such shocks, the study found. That is one challenge confronting Fed officials as they try to get funds flowing through the financial system following last week’s surge in overnight interest rates, which climbed as high as 10 percent. As the Fed has increased lending in the repo market, it is reliant on a small group of bond dealers to recirculate that money through the financial system, increasing opportunities for channels to get clogged.



Commentary: How the Impeachment Process Could Impact the Stock Market



With House Speaker Nancy Pelosi's announcement of a formal Trump impeachment inquiry, stock markets don't seem fazed, according to a Fortune commentary. After Richard Nixon's near impeachment, only put off by his resignation, the S&P 500 saw a 33 percent drop in value according to data compiled and sent to Fortune by LPL Financial. But the index shot up more than 39 percent after the House impeached Bill Clinton and the Senate failed to remove him. The difference, according to a note from LPL Financial senior market strategist Ryan Detrick, is where the economy already was: "The economy was headed into a vicious recession in the mid-'70s, while the economy was humming along in the late 1990s." Things are more mixed these days, with growth still happening but various worrying signs visible. A number of financial professionals who sent notes to Fortune largely thought things would be stable in the long run.



Bankruptcy Judge Vacancy for the District of Kansas



The U.S. Court of Appeals for the Tenth Circuit is seeking applications for a bankruptcy judgeship in the District of Kansas. Bankruptcy judges are appointed to 14-year terms pursuant to 28 U.S.C. §152. The position is located in Wichita, Kan., and will be available July 1, 2020, pending successful completion of a background investigation. For more information on how to apply, please click here.

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New on ABI’s Bankruptcy Blog Exchange: Plan-Confirmation Standards Under Small Business Reorganization Act of 2019



The Small Business Reorganization Act of 2019 is said to provide a “Chapter 12-type” reorganization opportunity for small businesses within chapter 11, even though standards for confirmation of a plan under the SBRA follow chapter 11, not chapter 12, according to a recent blog post.



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San Fernando Valley Swindler Sentenced to 20 Years in Federal Prison for Conning Elderly Victims Out of Their Homes and Money

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A long-time con artist was sentenced today to 240 months in federal prison for running a multimillion-dollar real estate scam that conned elderly people out of their homes, gouging them with fraudulent threats of litigation and extorting monthly payments for illegal foreclosure and eviction delay, according to a press release from the U.S. Attorney's Office for the Central District of California. Michael “Mickey” Henschel of Van Nuys, Calif., was sentenced by U.S. District Judge Virginia A. Phillips. A restitution hearing in this matter has been scheduled for December 2. Henschel pleaded guilty on May 13 to one count of mail fraud after spending years filing fraudulent documents on homeowners’ properties, and then using the fraudulent filings and fraudulent litigation to steal money from victims, sometimes stealing homes outright, and other times extorting settlement payments in actual or threatened civil litigation.

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Judge Allows Ron Burkle to Pursue Weinstein Buyout Fraud

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Billionaire Ron Burkle gets to move forward in his lawsuit alleging being defrauded in the $289 million sale of The Weinstein Co. assets, according to the Hollywood Reporter. On Thursday, a Los Angeles Superior Court judge rejected a bid to nix fraud claims brought by Burkle's Yucaipa Companies. Back in July 2018, Yucaipa sued Lantern Entertainment (later becoming Spyglass Media) upon completion of the $289 million deal. Burkle once attempted to buy TWC's assets outside of bankruptcy, but certain events intervened. According to the complaint, Yucaipa had taken the lead in assembling a deal that would save TWC from bankruptcy and ensure compensation for Harvey Weinstein's victims and creditors. Instead, ongoing investigations and a suit from New York's attorney general made his buyout nearly impossible. Once TWC filed for chapter 11 in Delaware, a bankruptcy court supervised the sale of film and television assets. Lantern emerged the winner of bidding. But after Lantern was crowned the victor, Burkle's Yucaipa stepped forward to allege it was cheated. Specifically, Yucaipa asserts that behind the scenes, it provided confidential information to Lantern, which at that point had no experience in the entertainment industry.