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Theranos CEO, Elizabeth Holmes, Accused of Fraud

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Elizabeth Holmes, the founder and chief executive of the blood-testing company Theranos, was charged with fraud by the Securities and Exchange Commission yesterday for raising more than $700 million from investors by falsely promoting a key product, the New York Times reported. In announcing the charges, the SEC also said that Theranos and Holmes had agreed to settle them, with Holmes agreeing to pay a $500,000 penalty. As part of the settlement, she was stripped of control of the company and barred from being an officer or director of any public company for 10 years. Holmes was a self-made billionaire and Silicon Valley darling who persuaded high-profile investors to back Theranos, a private company, based on promises that it would revolutionize the lab-testing industry. She promoted tests that used a finger prick of blood and cost a fraction of traditional lab tests. But a series of articles in The Wall Street Journal in 2015 cast doubt on whether the technology worked. It turned out that Theranos was exaggerating the promise of its proprietary blood tests and was actually conducting the vast majority of blood tests using traditional machines made by other companies, according to the SEC complaint. Ms. Holmes also claimed that the Defense Department was deploying the company’s test in battlefield settings, which was untrue.

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S. 2564, the "PROTECT Asbestos Victims Act of 2018."

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To amend title 11, United States Code, to promote the investigation of fraudulent claims against certain trusts, to amend title 18, United States Code, to provide penalties against fraudulent claims against certain trusts, and for other purposes.

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Richmond Lawyer Sentenced to 12 months in Bankruptcy Fraud and Tax Case

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A former Richmond bankruptcy lawyer was sentenced to one year in prison Monday for bankruptcy fraud and for failing to pay the government her employees’ taxes, the Richmond Times-Dispatch reported. Nnika Evangeline White, founder of The Law Offices of White and Associates, was sentenced by U.S. District Judge Henry E. Hudson. Federal sentencing guidelines, which are not binding on the judge, called for a prison term of 10 to 16 months. In pleading guilty in December, White admitted receiving roughly $50,000 in inheritance checks belonging to a bankruptcy client. After discussing it with her client, White used $31,000 of the money to pay herself legal fees. She did not disclose the inheritance checks — or that she was a creditor — in bankruptcy court filings.

Martin Shkreli Sentenced to 7 Years in Prison for Fraud

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Martin Shkreli, a former pharmaceutical executive notorious for sharply increasing drug prices was sentenced on Friday to seven years in prison after being convicted of fraud last year, the New York Times reported. Prosecutors had sought a sentence of at least 15 years; the defense had pushed for 12 to 18 months. Shkreli is best known for raising the price of a drug, Daraprim, by 5,000 percent in a move that was widely condemned by the public and politicians. His fraud convictions were unrelated to that episode, stemming instead from his involvement with Retrophin, a pharmaceutical company he founded in 2011, and two hedge funds he ran. In August, a jury convicted Shkreli on three of eight counts, concluding that he had lied to investors about, among other things, how the hedge funds were managed, what they invested in and how much money they had. The jury found that he had also secretly controlled a huge number of Retrophin shares.

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Former Transmar Executives Plead Guilty to U.S. Fraud Charges

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Two former executives at Transmar Commodity Group Ltd pleaded guilty on Friday to defrauding banks to win a $400 million credit line for the now bankrupt New Jersey-based cocoa trading company, Reuters reported. Peter G. Johnson, who was Transmar’s chief executive, and his son Peter B. Johnson, who oversaw Transmar’s Euromar Commodities affiliate, both pleaded guilty to conspiracy to commit bank fraud and wire fraud before U.S. District Judge Jed Rakoff in Manhattan, according to the office of U.S. Attorney Geoffrey Berman. Transmar, a Morristown, New Jersey-based unit of Transmar Group Ltd, sold cocoa products to chocolate makers including Hershey Co. and Nestle SA prior to filing for chapter 11 protection on Dec. 31, 2016. Prosecutors have accused the three executives of “lying repeatedly” from 2014 to December 2016 by giving banks false “borrowing base” reports that inflated the amount of collateral Transmar had to support its borrowings. Transmar owed the banks roughly $360 million at the time of the bankruptcy, prosecutors said. Read more

For a further analysis of commercial fraud, make sure to pick up a copy of ABI’s Fraud and Forensics: Piercing Through the Deception in a Commercial Fraud Case

CFTC Steps Up Enforcement Against Fraud, Market Manipulation

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U.S. derivatives regulators are expected to file “more than 10” fraud and market-manipulation cases in the next weeks as the Commodity Futures Trading Commission chairman implements his back-to-basics approach, the Wall Street Journal reported. The stepped-up enforcement comes after the CFTC recorded a big drop in fines and enforcement actions during the fiscal year that spanned the transition from the Obama administration to the Trump administration. Enforcement has picked up since then. The agency has already filed 11 manipulation-related cases in the current fiscal year, which ends in September, just one shy of its annual record.

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Jeweler Files for Bankruptcy as PNB Fraud Rises to $2 Billion

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The international jewelry business that’s part of the empire controlled by Nirav Modi, a billionaire accused of masterminding India’s biggest bank fraud, has filed for bankruptcy in the U.S. just as the Indian lender at the heart of the scam revised up its fraud estimate, Bloomberg News reported. Firestar Diamond Inc. blamed liquidity and supply chain challenges and listed up to $100 million in assets and debt, according to chapter 11 documents filed Monday in a bankruptcy court in New York. Back in India, Punjab National Bank told the stock exchanges that the fraudulent transactions could be $204 million more than the previously estimated $1.8 billion. Modi has been accused along with Mehul Choksi of defrauding PNB. PNB alleges that the duo and their associates worked with some rogue PNB employees and used fake guarantees to obtain loans from abroad.

Jury Finds Ohio Real Estate Agent Guilty of Money Laundering

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A U.S. District Court jury agreed with federal prosecutors on Friday that Arvel “Ray” Henderson II conspired with another man to have $500,000 of tainted money deposited into his bank account, convicting him of conspiracy to commit money laundering and four counts of money laundering, the Toledo Blade reported. The verdicts were reached by an eight-man, four-woman jury after 2½ hours of deliberations. The jury agreed Henderson of Holland, Ohio conspired with Mark Wittenmyer to have the money deposited into Henderson’s account. Evidence showed the two had money laundered and wired to the Ritz-Carlton in Fort Lauderdale, the Aria Resort and Casino in Las Vegas, and Jared jeweler's in Toledo. U.S District Court Judge Jeffrey Helmick did not schedule Henderson's sentencing but said he would set a hearing in the next week or two to discuss how the attorneys wished to proceed with a separate criminal case pending against Henderson in which he is charged with bankruptcy fraud, concealment of bankruptcy assets, and theft of government funds.
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Manafort's L.A. Bankruptcy Fight May Offer New Avenue for Mueller Probe

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Federal prosecutors who have already indicted President Donald Trump’s former campaign chairman Paul Manafort on charges of money laundering, bank fraud and covertly lobbying for pro-Russian interests may have additional leverage arising from a loan he received while engaged in the bankruptcies of properties in California, Reuters reported. New information has been discovered about Manafort’s handling of the loan and its potential link to the bankruptcies as Special Counsel Robert Mueller seeks to pressure Manafort to cooperate with his investigation into Trump’s campaign team and possible collusion with Russian efforts to interfere in the 2016 election. At issue is whether the failure to disclose a loan from a lender that was also the main creditor in the California bankruptcy cases represented an illegal concealment of material information. Over the past several months, Mueller has begun focusing on Jeffrey Yohai, Manafort’s former son-in-law and his partner in four California property deals that failed and were placed in bankruptcy, as a potentially valuable witness in his probe. Last week, Mueller filed new criminal charges against Manafort and Rick Gates, a former business partner who served as Trump’s deputy campaign manager. The California bankruptcies might be yet another avenue of inquiry for Mueller’s team. A review of property records and California bankruptcy court filings shows that a Manafort-controlled company secured in early 2017 a loan against a Brooklyn home from Genesis Capital LLC, now owned by Goldman Sachs, which was the top secured creditor in the bankruptcies of the four high-priced properties in the Los Angeles area. Genesis signed off on the $303,750 loan two days after a judge overseeing the bankruptcies agreed to release from creditor protection one of the properties. The move, pushed by Manafort’s lawyers and requested in court by a lawyer representing the bankrupt properties, allowed Genesis to put the property up for sale, while the loan helped Manafort finalize a $6.8 million refinancing of the Brooklyn home with another lender.
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