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SEC Sues Woodbridge Ex-CEO Shapiro Over Alleged $1 Billion Ponzi Scheme

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The Securities and Exchange Commission has sued Robert Shapiro, accusing the former chief executive of Woodbridge Group of operating a Ponzi scheme that raised more than $1 billion from individual investors for the now-bankrupt real estate operation, WSJ Pro Bankruptcy reported. Shapiro is accused of lying to investors, signing falsified documents and making “Ponzi payments to investors,” as well as using investor funds for his own personal enjoyment, among other wrongs, according to papers unsealed yesterday in a Florida federal court. A lawyer for Shapiro says the former chief executive denies the SEC’s allegations. “Mr. Shapiro is cooperating with the bankruptcy to protect the assets held for the benefit of Woodbridge’s stakeholders,” said Ryan O’Quinn, a lawyer for Shapiro. “He denies any allegation of wrongdoing and looks forward to his opportunity to defend himself in a court of law.” Woodbridge and some of its affiliates filed for chapter 11 bankruptcy protection Dec. 4, a year into an SEC probe of its fundraising activities.

Court Rules Against State in Blixseth Involuntary Bankruptcy Dispute

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A District Court judge has upheld a bankruptcy court judge’s order dismissing an involuntary bankruptcy case filed by the state of Montana seeking $219,258 in taxes from Yellowstone Club co-founder Tim Blixseth but will allow the state to amend its case should new information arise, the Great Falls (Mont.) Tribune reported. U.S. District Court Judge Jennifer A. Dorsey ruled Dec. 15 that there were no longer three “qualified creditors” as mandated in the 2011 involuntary bankruptcy filing against Blixseth and disagreed with Montana’s assertion that a bankruptcy court erred when it determined that claims by Idaho were part of a good faith, or bona fide, dispute. And that the bankruptcy court was right to determine that claims by the Yellowstone Club did not meet involuntary bankruptcy standards. Judge Dorsey granted Montana’s motion to file for “supplemental authorities that were filed after the parties briefs were filed in this case.”

For further analysis of the decision and case, be sure to read this column from the Rochelle Daily Wire.

Connecticut Man Pleads Guilty to Bankruptcy Fraud

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John H. Durham, U.S. Attorney for the District of Connecticut, announced that Darryll Harmon of Stratford, Conn., waived his right to be indicted and pleaded guilty yesterday before U.S. District Judge Victor A. Bolden in Bridgeport to one count of bankruptcy fraud, according to a DOJ press release. According to court documents and statements made in court, Harmon was in default on his HUD-insured mortgage, which was held by the Connecticut Housing Finance Authority (“CHFA”). In January 2009, CHFA commenced foreclosure proceedings in Connecticut Superior Court. Between January 2009 and October 2013, HARMON filed seven petitions for bankruptcy in U.S. Bankruptcy Court for the District of Connecticut, which caused the foreclosure proceedings to be automatically stayed until the bankruptcy proceedings were resolved. The bankruptcy court dismissed all but one of the bankruptcy petitions because Harmon failed to pay filing fees or to file required information. On July 25, 2014, the bankruptcy court dismissed Harmon’s seventh bankruptcy petition and issued an order barring Harmon from filing for bankruptcy for the two-year period from July 17, 2014 through July 17, 2016. On July 1, 2016, Harmon filed another bankruptcy petition, this time in the name of another individual who lived in Texas.

Creditors Move in on Fyre Festival, Billy McFarland

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A federal bankruptcy judge advanced the cause of creditors attempting to recoup losses on the disastrous Fyre Festival, which was scheduled to take place in the Bahamas earlier this year but was canceled at the last minute due to poor organization, Variety reported. At a hearing in U.S. Bankruptcy Court for the Southern District of New York, Judge Martin Glenn granted a request that Fyre Media Inc.’s financial documents be turned over to a trustee, who will attempt to untangle the company’s financial affairs and arrive at an assessment of its assets and liabilities. Judge Glenn signed off on the request by trustee Gregory Messer. Technically, Messer is representing the interests of Fyre Media as a court-appointed fiduciary that will attempt to wind down the entity in an orderly fashion. On a practical level, Messer represents the interests of anyone to whom Fyre Media owes money. Although a detailed financial picture has yet to emerge as to the extent of Fyre’s debts, lawsuits and public accounts indicate the company has outstanding obligations conservatively estimated at more than $10 million (without taking into account potential judgments in the outstanding civil lawsuits). In July, creditors moved to force Fyre Media into an involuntary chapter 7, which Judge Glenn approved in September, leading to this greenlight for an accounting forensics order that requires Fyre Media principal William “Billy” McFarland to produce documents and make himself available for questioning. The bankruptcy proceeding will be complicated by the parallel criminal investigation, with many sought-after documents likely already in federal custody.

Navajo Nation Sues Wells Fargo over 'Predatory' Sales Practices

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The Navajo Nation has sued Wells Fargo, claiming the bank targeted tribal members with "predatory sales tactics," CNNMoney.com reported. In a federal lawsuit filed on Tuesday, the tribe alleged that Wells Fargo — the only national bank that services its territory — preyed on people by opening unauthorized bank accounts and debit cards, and by pressuring people, particularly the elderly, to enroll in services they did not need. "Under intense pressure from superiors to grow sales figures, Wells Fargo employees lied to Navajo consumers, telling elderly Navajo citizens who did not speak English that in order to have their checks cashed, they needed to sign up for savings accounts they neither needed nor understood," the Navajo Nation said in its complaint. The "unlawful sales practices" are said to have been employed between 2009 and 2016.

Operator of 179 Cancer Treatment Centers Admits Falsifying Data About EHR Use

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Fort Myers, Fla.-based 21st Century Oncology, which filed for bankruptcy in May, has agreed to pay the federal government $26 million to resolve false claims allegations and a self-disclosure that it submitted false attestations regarding the use of EHR software, according to the Department of Justice, Becker's Hospital Review reported. 21st Century Oncology, which operates 179 cancer treatment centers across the U.S. and Latin America, disclosed to the government that it knowingly submitted false attestations to CMS concerning employed physicians' use of EHR software as part of the Medicare Electronic Health Records Incentive Program. To legitimize the attestations, the company said its employees falsified data regarding the use of EHR software, fabricated utilization reports and superimposed EHR vendor logos onto reports. The settlement also resolves allegations that 21st Century Oncology violated the False Claims Act and Stark Law by submitting claims to government payers for services performed by physicians with whom it had improper financial relationships.
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Denver Oilman Not Liable in SEC Insider Trading Case, Jury Says

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A Denver oilman accused of tipping off a close friend to confidential information about an upcoming investment now has his life back, the Denver Business Journal reported. A jury found Roger Parker — former CEO of Delta Petroleum Corp. — not liable on a charge of insider trading. In 2012, the Securities and Exchange Commission accused Parker of tipping Michael Van Gilder, the former CEO of Van Gilder Insurance Corp., to confidential information about an upcoming investment in the company. Van Gilder also faced insider-trading charges and settled his case in 2014. According to the SEC’s complaint, the insider trading occurred in advance of Delta Petroleum’s public announcement that Tracinda Corp. had agreed to purchase a 35 percent stake, which increased Delta’s stock value by nearly 20 percent. The SEC alleged that Parker illegally tipped Van Gilder and at least one other friend about confidential information about the impending investment. Delta Petroleum filed for chapter 11 protection in December 2011, reorganized and emerged from bankruptcy as Par Petroleum. The SEC alleged that the insider trading generated more than $890,000 in illicit profits but Parker argued that he had a good-faith belief that the information would not be traded on. The SEC can appeal on procedural matters, but cannot retry Parker on the facts of the case. So far, Parker's legal team hasn't received word about what the government plans to do.
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Trump Says Wells Fargo Fines Will Not Be Reduced

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President Trump warned on Friday that Wells Fargo could face severe penalties for mistreatment of its customers and dismissed reports that the new leadership at the Consumer Financial Protection Bureau will go easy on banks, the New York Times reported. The comments, posted on Twitter, raised new doubts about the consumer agency’s independence and were a highly unusual foray by a president into an active investigation of a financial institution. According to Trump's tweet: "Fines and penalties against Wells Fargo Bank for their bad acts against their customers and others will not be dropped, as has incorrectly been reported, but will be pursued and, if anything, substantially increased. I will cut Regs but make penalties severe when caught cheating!" It was not immediately clear which “bad acts” the president was referencing, and a White House spokeswoman did not respond to a request for comment. Wells Fargo has been accused of wrongdoing in a series of lawsuits and enforcement actions related to consumer practices, including creating more than one million fraudulent accounts in clients’ names. Last year, the Consumer Financial Protection Bureau levied a record $100 million fine on the bank because of those banking practices.
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More Trouble For Martin Shkreli

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Federal prosecutors said in a court filing Friday that notorious pharmaceutical executive Martin Shkreli owes the government $7.4 million as a result of his conviction on securities fraud and conspiracy charges over the summer, the Wall Street Journal reported. The prosecutors have some suggestions for how Uncle Sam can be repaid. Assets that could be seized to satisfy the judgment include a brokerage account worth $5 million, as well as a single-copy album recorded by the Wu-Tang Clan, for which Shkreli paid $2 million back in 2015. Prosecutors also flagged Shkreli’s stake in privately-held Turing Pharmaceuticals.

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New York Solar Company Files for Chapter 11 Protection

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Level Solar, a Manhattan-based provider of rooftop solar power, filed for chapter 11 protection on Monday, citing debts in excess of $5 million, Newsday reported. The company listed assets of between $50 million and $100 million, and more than 200 creditors. Among the creditors was Hauppauge, N.Y.-based Cooper Electric Supply Co., its primary electric equipment and parts supplier, which is owed more than $4.5 million, according to the filing in federal bankruptcy court in Manhattan. Level Solar sought bankruptcy court approval to hire a forensic accounting firm to look into “potential financial and other misconduct” of a former company official “and possibly others,” according to the filing.