TD Bank Faces Sanctions Request After Losing $67 Million Verdict

David Voreacos and Susannah Nesmith, Bloomberg

Toronto-Dominion Bank (TD), after losing a $67 million verdict over claims it aided a $1.2 billion Ponzi scheme, should be sanctioned for “altering” a document used at trial, an investor said in court papers.

Coquina Investments, which won the verdict on Jan. 18 in federal court in Miami, seeks sanctions after a trial over whether TD Bank should have detected money laundering that supported a Ponzi scheme that disbarred attorney Scott Rothstein ran out of his law firm.

The unaltered document shows TD Bank designated Rothstein, Rosenfeldt & Adler as “HIGH RISK” in letters on a bright red band at the top of the page, according to a March 26 filing by Coquina. The document, which Coquina introduced into evidence after getting it before trial from TD Bank, has a black bar that obscures the words, according to the filing.

“TD Bank’s purposeful withholding of the true original RRA Customer Due Diligence Form constitutes evidence of willful bad faith,” according to the motion. Failure by the bank and its lawyers to say anything about the document being admitted into evidence “demonstrates both intentional malfeasance and a flagrant lack of candor to the court.”

Coquina, based in Corpus ChristiTexas, seeks “just and appropriate” sanctions and a referral to federal prosecutors for investigation of possible obstruction of justice charges.

TD Bank, Canada’s second-largest lender, doesn’t comment on litigation, spokeswoman Rebecca Acevedo said yesterday in an e- mail.

Copying Problems

In a court filing on April 12, the bank denied Coquina’s claims of “altering a key document and working a fraud on the court and the jury.” Rather, it blamed problems in the copying process during the pretrial exchange of evidence known as discovery. That process inadvertently blackened all colored headers, including the words “high risk,” on the documents.

“We sincerely regret this copying error,” said TD Bank in a motion filed by its law firm Greenberg Traurig LLP. “But it was that (i.e., an error), and not an effort to hide the ‘high risk’ designation.”

The filing also disputed Coquina’s claim that its case was harmed by the document, noting that other sections of the “customer due diligence” form showed that Rothstein’s firm was designated as high risk.

Read more here

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Why President Obama Must Take Steps to Combat White-Collar Crime or Face Impeachment

Sam Antar

Syndicated writer William K. Wolfrum wrote a must read provocativeblog post on Alan Colmes Presents Liberaland website about possible future efforts by the Republicans to impeach President Barack Obama. He observes:

Republicans can not beat Obama at the ballot box. But you can be assured that they will do all they can so that his legacy is terribly tainted in scandal. There is just no way the GOP will allow Obama to serve out eight years and leave office with a strong record of liberal accomplishment that he can hand over to a Democratic successor. Simply put, for Republicans, Barack Obama must be destroyed and completely invalidated before his term or terms are over.

Republicans will attempt to impeach Barack Obama. The “why” of the matter is completely insignificant. They’ll find something and work overtime to make it appear to be the Greatest Scandal Ever. It’s just a matter of time. Provided, of course, that they have the numbers.

Wolfrum referred to my concerns that excessive government spending on an unprecedented scale will no doubt lead to unprecedented levels of white-collar crime. I believe that the Republicans will exploit that issue, in any way possible, to bring down the Obama Administration, barring more serious efforts by the Administration to deter, prevent, and prosecute white-collar criminals. Yes, that’s politics.

In his blog post, Wolfrum wrote:

A while back, my friend Sam Antar – a former key player in the infamous and egregious “Crazy Eddie’s” fraud – told me that it was just a matter of time before Barack Obama faced impeachment charges.

“With all the stimulus money going out, the Republicans will eventually find some corruption charge they think will stick,” said Antar, now a corporate whistle-blower who tends to view things from a non-partisan prism. “It’s just a matter of time.”

In June 2009, I wrote an Open Letter to President Barack Obama warning him to be prepared for an unprecedented onslaught of white collar crime:

Within a couple of years, you can expect a massive crime wave on an unprecedented scale resulting from spending trillions of extra taxpayer dollars to stimulate the economy and bail out the financial sector in a relatively brief period of time. Not enough attention is being paid to effective internal controls to prevent such crimes. The FBI and other law enforcement agencies do not have enough resources to effectively investigate and prosecute such crimes.

The Republicans will run against you on a simple platform, “The Democrats are responsible for white-collar crime, corruption, and waste on an unprecedented scale.” The Republicans will say that you should have cut taxes and simplified the tax system to stimulate the economy and reduce the incentive for criminals to commit fraud.

Among the sources that I cited in making my case was a warning by FBI Director Robert Mueller:

Given the trillions and trillions of dollars involved in the government’s current moves to stem the economic crisis, “from the purchase of troubled assets to improvements in infrastructure, health care, energy and education — even a small percentage of fraud would result in substantial taxpayer losses.”

We simply do not have enough resources to effectively investigate and prosecute most white-collar crimes and the criminals know it. White-collar crime investigations are increasingly complex cases that require enormous specialized resources and take long periods of time to successfully prosecute them.

For example, the Securities and Exchange Commission only employs about 3,642 employees to police our capital markets. The Internal Revenue Service only employs about 2,725 Special Agents to conduct criminal investigations into such crimes as tax evasion and money laundering and that number has remained flat for ten years. The FBI employs 13,492 Special Agents and not all of them are assigned to investigating white collar crime. By contrast, the New York City employs approximately 34,500 police in uniform to combat crime in a city of 8 million people. Therefore, the NYC Police Department has more cops in uniform than the combined amount of people employed by the SEC, criminal investigators at the IRS, and special agents at the FBI (34,500 compared to 20,859).

We can debate endlessly about the need for more regulation. However, the more important issue is that, we as a nation, simply do not have enough resources to combat white-collar crime and the criminals know it and are exploiting it.

If President Obama does not take further serious steps to significantly increase law enforcement resources, the Republicans will exploit the white-collar crime issue at election time. As I said before, “That’s politics.” However, it’s not a political issue. It’s a national economic security issue. White-collar crime poses a grave threat to the integrity of our free market economic system and our future prosperity as a nation.

Written by:

Sam E. Antar

Disclosure:

I am a convicted felon and a former CPA. As the criminal CFO of Crazy Eddie, I helped Eddie Antar and other members of his family mastermind one of the largest securities frauds uncovered during the 1980′s. I committed my crimes in cold-blood for fun and profit, and simply because I could.

If it weren’t for the efforts of the FBI, SEC, Postal Inspector’s Office, US Attorney’s Office, and class action plaintiff’s lawyers who investigated, prosecuted, and sued me, I would still be the criminal CFO of Crazy Eddie today.

There is a saying, “It takes one to know one.” Today, I work very closely with the FBI, IRS, SEC, Justice Department, and other federal and state law enforcement agencies in training them to identify and catch white-collar criminals.

I do not seek or want forgiveness for my vicious crimes from my victims. I plan on frying in hell with other white-collar criminals for a very long time. Hopefully, President Obama will help send many more criminals to join me in hell.

This article originally appeared on Sam Antar’s website, http://whitecollarfraud.blogspot.com

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New Details Emerge About Bernie Madoff’s Prison Rumble

Dionne Searcey and Amir Efrati, Wall Street Journal

Bernard Madoff, who is serving a 150-year sentence in North Carolina for running a fraud scheme that cost investors billions of dollars, was physically assaulted by another inmate in December, according to three people familiar with the matter.

After the attack, Mr. Madoff, who pleaded guilty a year ago and was sent to a federal prison in Butner, N.C., was moved on Dec. 18 to the prison’s low-security medical center for treatment. At the time, the Bureau of Prisons said that rumors of an assault were false and that Mr. Madoff suffered from dizziness and hypertension.

One of his lawyers, Ira Sorkin, added at the time that Mr. Madoff was experiencing high blood pressure and heart palpitations. Mr. Sorkin declined to comment Wednesday on whether his client was beaten, saying, “I don’t comment on prison conditions or his family. That has been my policy.”

Mr. Madoff was treated for a broken nose, fractured ribs and cuts to his head and face, according to a felon currently at Butner serving time on drug charges who was familiar with his condition at the time. The details of the injuries couldn’t be independently verified.

Another inmate who recently was released from Butner after serving time on drug charges also confirmed the assault, as did a third person familiar with Mr. Madoff’s situation.

The former inmate said the dispute centered on money the assailant thought he was owed by Mr. Madoff.

The current inmate said Mr. Madoff’s assailant was a beefy man serving time for a drug conviction. The alleged assailant’s mother said in an interview her son had not mentioned any scuffle with Mr. Madoff but that he had been a body builder and held a black belt in Judo until he was injured in a shooting in 2002. While behind bars he has regained strength and gotten back into shape, she said.

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Whistleblower says he was prepared to murder Bernard Madoff

Jerry Kronenberg, Boston Herald

The Boston financial whiz who tried for years to expose Bernard Madoff reveals in an explosive new memoir that he made plans to murder the Ponzi schemer if necessary.

“If (Madoff) contacted me and threatened me, I was going to go down to New York and take him out,” Whitman resident Harry Markopolos writes in “No One Would Listen,” due in bookstores Tuesday. “At that point, it would have come down to him or me, (and) I felt I had no other options: I was going to kill him.”

“No One Would Listen” tracks Markopolos’ eight-year odyssey to warn the U.S. Securities and Exchange Commission that Madoff was running the largest investment scam in history.

Working for a Boston financial firm in 2000, Markopolos discovered the $65 billion Ponzi scheme while trying to reproduce Madoff’s unbelievable investment returns.

However, the SEC ignored Markopolos’ numerous warnings, and the scam only collapsed when Madoff turned himself in on Dec. 11, 2008. The global market meltdown had left the crook unable to come up with money his clients were clamoring to get back.

Markopolos, who skewered the SEC in televised testimony before Congress last year, has previously said he feared for his life during his long quest.

After all, Madoff faced years in prison if caught, and Markopolos thinks the scam’s victims included mobsters and drug dealers he believes laundered money through Madoff.

But in his book, Markopolos reveals for the first time just how far he went to protect himself.

http://bostonherald.com/business/general/view.bg?articleid=1236008&position=0

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