Asset Search News Roundup: August 31, 2010

Securities fraudster Trevor Cook, assets that might have been misappropriated from former East Germany, and over $2 million is interdicted at a U.S.-Mexican border crossing:
 

  • Ex-Minneapolis money manager and securities fraudster Trevor Cook was sentenced a week ago to serve twenty-five years in prison for violating 18 U.S.C. §1341 (mail fraud) and 26 U.S.C. §7201 (tax fraud).  As Mr. Cook's sentencing memorandum reveals, he had earlier argued that the Court should impose just a twenty-year sentence. 

     
  • Swiss banking documents that might memorialize the misappropriation of assets by parties and people's organizations from former East Germany, were turned over to the German Embassy in Bern on July 14th.  A July 15th media release issued by the Swiss Federal Department of Foreign Affairs reported that: "Germany had previously asked Switzerland for the documents in order to obtain further information about illegal financial movements before and after the fall of the Berlin Wall."
     
  • Federal agents for the Calexico downtown port of entry at the U.S.-Mexican border interdicted more than $2 million dollars which possibly belongs to narco-traffickers.  The $2 million pictured below, was uncovered on August 8th during a vehicle inspection that included the use of  a currency-firearm detector dog.  A press release asserts that the $2 million had been hidden in luggage, a duffle bag and a plastic tub that were placed inside a vehicle.
     

     

     

Photo: U.S. Customs and Border Protection

Copyright 2010 Fred L. Abrams

Asset Search News Roundup: August 14, 2010

The August 14th "Asset Search News Roundup" mentions money laundering:

  1. So far this summer the Financial Action Task Force published evaluations of the anti-money laundering efforts undertaken by Brazil, India and Saudi Arabia.  The Financial Action Task Force is a leading anti-money laundering organization, as described at "Anti-Money Laundering Bellwether Seeks Transparency Across The Globe".
     
  2. Britian's Financial Services Agency has issued an August 2nd "Decision Notice" fining the Royal Bank of Scotland Group £5.6 million, (i.e. $8.9 million dollars), for acting in derogation of the 2007 Money Laundering Regulation.*  The Royal Bank of Scotland Group was accused of failing to identify bank customers subject to the UK's terrorist sanction list.  Reuters wrote about the fine and more information about it is available here.
     
  3. The link chart below supplied by U.S. Treasury's Office of Foreign Assets Control, shows the alleged Zambada Financial Network.  The chart and its accompanying press release raise the question of whether suspected Sinaloa drug cartel leader Ismael Zambada-Garcia laundered assets through two companies believed to be his nominees, Mexico Arte y Diseno de Culiacan S.A. de C.V. and Autotransportes JYM S.A. de C.V.

 

 (Click Chart For Hi-Res)**

  

 

*Money Laundering Regulations 2007, is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.

**Chart: U.S. Treasury's Office of Foreign Assets Control

Copyright 2010 Fred L. Abrams

Asset Search News Roundup: August 5, 2010

425 pounds of hidden marijuana; Transparency International; and the defenses to a clawback lawsuit; are discussed at the August 5th "Asset Search News Roundup":
  

  • Federal agents at a U.S.-Mexican land crossing interdicted more than 425 pounds of marijuana on July 24, 2010.  As "Marijuana Encased in Cement Seized by CBP" explains, the marijuana had been concealed in the shipment of concrete lawn furniture partly shown below.


 (Photo: U.S. Customs and Border Protection)

 

Copyright 2010 Fred L. Abrams

Asset Search News Roundup: June 24, 2010

Discussed today are Arizona's attempt to stop cross-border crime and Minneapolis Ponzi schemer Trevor Cook:
 

+"Goddard launches plan to fight money laundering; Rocky Point Police Chief ambushed" states that Arizona Attorney General Terry Goddard has adopted a new anti-money laundering plan.  This plan is part of Arizona's effort to combat narco-traffickers engaged in various cross-border crimes.  As "A Strategy Of Seizing Sinaloa Drug Cartel Assets" suggested, asset forfeiture can be a critically important element in an anti-money laundering program.

 

++The June 16th "Asset Search News Roundup" last mentioned securities fraudster and Ponzi schemer Trevor CookThe Cook receiver recovering receivership estate assets on behalf of Cook's damaged investors filed a motion and supporting declaration for the reimbursement of expenses incurred this past May.  The Court's June 22nd docket entry additionally reflects that Mr. Cook is next scheduled to be sentenced in his criminal case on July 26, 2010 at 3:00 PM.

 

Copyright 2010 Fred L. Abrams

Asset Search News Roundup: May 26, 2010

An alleged Guatemalan drug lord and Peter Madoff are the subjects of the May 26th "Asset Search News Roundup":

 

"Suing Peter Madoff For Bernard Madoff's Securities Fraud" described plaintiffs' summary judgment motion pending against Peter Madoff in The Lautenberg Foundation v. Madoff, 09-Civ-00816.  Pages 8-10 of a May 20th reply memorandum shows that the Madoff plaintiffs are relying heavily on their claim that Peter Madoff was liable as a "control person".   
 

U.S. Treasury's Office of Foreign Assets Control recently added Waldemar Lorenzana Lima to its list of Specially Designated Narcotics Traffickers under the Foreign Narcotics Kingpin Designation Act.  A press release characterizes Mr. Lorenzana as a Guatemalan drug lord with ties to Mexico's Sinaloa narco-traffickers.  The instant Treasury designation freezes any of Mr. Lorenzana's assets subject to U.S. jurisdiction.  The image which follows, depicts Mr. Lorenzana's alleged trafficking organization.

 

 

(Click On Image To Enlarge)

 

Image: U.S. Treasury's Office of Foreign Assets Control

Copyright Fred L. Abrams 2010

Wachovia Bank & Its Bank Secrecy Act Issues

Wachovia, one of the world's largest international banks, is still defending itself against the Florida civil complaint described at my post "Lawsuit Claims Wachovia Bank Facilitated Alleged Ponzi Scheme".  The complaint essentially claims that Wachovia's anti-money laundering program under the Bank Secrecy Act had failed to detect money laundering.  It was brought by the apparent victims of a Ponzi-like securities fraud.

 

Although the complaint could conceivably be the subject of a trial, the Court might soon dismiss at least part of it.  This might happen since there is no private right of action under the Bank Secrecy Act for alleged anti-money laundering program violations.  Only governmental authorities can seek monetary damages for Bank Secrecy Act violations, as suggested by pages 77-78 of the August 26, 2009 opinion in Armstrong v. American Pallet Leasing, Inc.

 

 

 

(CLICK ON THE IMAGE ABOVE TO READ THE OPINION

 

Continue Reading...

Asset Search News Roundup: March 31, 2010

Prime Minister Silvio Berlusconi of Italy and the Egmont Group of Financial Intelligence Units are featured in the March 31st "Asset Search News Roundup":
 

(Click On The Above Typology To Enlarge It)

 

 

Money Laundering Typology Courtesy of The Egmont Group

Copyright 2010 Fred L. Abrams

Asset Search News Roundup: February 28, 2010

"A Strategy Of Seizing Sinaloa Drug Cartel Assets" is about the U.S. Department of Justice's use of asset forfeiture against Mexico's drug cartels.  U.S. Treasury's Office of Foreign Assets Control ("OFAC") pursues this forfeiture policy alongside the Department of Justice.  As explained by my February 11, 2009 "Asset Search News Roundup", the OFAC can list drug traffickers as "Specially Designated Narcotics Traffickers". 

 

If a drug trafficker is placed on the "Specially Designated Narcotics Traffickers" list, than his / her assets subject to U.S. jurisdiction are frozen.  A February 25, 2010 press release reveals that the OFAC added seven supposed leaders of the La Familia Michoacana (La Familia) drug cartel, to the Specially Designated Narcotics Traffickers list.  These seven suspected La Familia leaders are depicted in an OFAC link chart:

 

 

(Click On The Chart To Enlarge It)

 

Chart Courtesy of U.S. Treasury's OFAC

Copyright 2010 Fred L. Abrams

Transnationally Tracking The Assets Of Terrorists

The January 6th article "Three in al Qaeda drug case plead not guilty in NY" discussed suspected terrorist financing by some West African men.  According to a December 18, 2009 press release, the criminal case against these men involved the alleged transnational funding of Al Qaeda terrorists through narco-trafficking.

 

"Terrorist Financing, Money Laundering & Financial Intelligence Units" referred to another case of suspected terrorist funding.  It mentioned the Egmont Group's money laundering typology case numbered 06063:

 

 

 (Above Case# 06063: Courtesy of The Egmont Group)

 

Continue Reading...

Seizing Assets In A Suspected Racial Profiling Scheme?

In "Forfeiture & The DEA's Asset Search" Donnie the former DEA Special Agent spoke about the effectiveness of asset forfeiture.  In that article, Donnie said: 'asset forfeiture... can stop those who supply pseudophedrine to the meth super labs and Mexican cartels'.  "A Strategy Of Seizing Sinaloa Drug Cartel Assets" also recently explained that asset forfeiture was a vital tool in the fight against the Mexican drug cartels.

 

Notwithstanding the benefits of an ethical asset forfeiture program, there can be occasional abuses.  Eight plaintiffs raise the issue of supposed improper seizure or asset forfeiture in James Morrow et. al. v. City of Tenaha Deputy City Marshal Barry Washington et. al., U.S. District Court for the Eastern District of Texas, Index No. 2:08-CV-288.  These plaintiffs claim in their civil rights lawsuit pursuant to 42 U.S.C §1983, that some law enforcement officers in or near Tenaha Texas, had essentially seized assets in a racial profiling scheme. 

 

Furthermore, an August 20, 2009 Memorandum Decision & Order reveals that the presiding judge intends to certify the plaintiffs' case as a class action lawsuit under Fed. R. Civ. P. 23(b)(2).  The plaintiffs who are African-Americans, assert they were driving in Tenaha Texas or on nearby state Highway 59.  They allege they were subjected to unconstitutional traffic stops and cash seizures based on their race or ethnicity. 

 

Continue Reading...

Asset Search News Roundup: October 23, 2009

A U.S. Army Sergeant pleads guilty to taking bribes, then trying to conceal them in a money laundering conspiracy and $32.8 million in U.S. currency is interdicted because of "Project Coronado":

 

 *A U.S. Department of Justice press release describes the conviction of Army Sergeant Ana C. Chavez for a public corruption scheme which had bribery and money laundering components.  The Sergeant pleaded guilty on October 20, 2009 to taking $90,000 in bribe monies and trying to hide them in U.S. bank accounts through a money laundering conspiracy.  I already wrote about these kinds of public corruption schemes at: "Army Major Arrested For Money Laundering" and "Second Army Major Guilty Of Bribery".

 

*Another press release states that Project Coronado netted $32.8 million in suspected drug-related currency along with 11.7 tons of drugs.  Project Coronado resulted in almost 1200 arrests and focused on La Familia Michoacán, which is reportedly the most violent of Mexico's five drug cartels.  On April 15, 2009  La Familia Michoacán was placed on U.S. Treasury's Specially Designated Nationals List pursuant to the Kingpin Act.  This designation freezes any La Familia assets subject to U.S. jurisdiction, as described by my February 11, 2009 "Asset Search News Roundup".  Finally multiple cities were involved in Project Coronado:

 

Click Here To Enlarge The Map 

 

Map Courtesy Of: U.S. Drug Enforcement Administration

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: October 17, 2009

Holocaust-era assets and drug-related assets are both covered by this "Asset Search News Roundup": 

 

*My article "Searching For Nazi-Looted Art" described the Holocaust-era assets / contested provenance case of Bakalar v. Vavra, Index No. 05-CV-3037 (S.D.N.Y.).  The trial court in Bakalar rejected the claim that Egon Schiele's "Seated Woman With Bent Left Leg (Torso)" was Nazi-looted art ransacked during the Holocaust from Austrian-Jewish entertainer Fritz Grunbaum Bakalar, is now on appeal in the Second Circuit of the U.S. Court of Appeals and there was an oral argument in it on October 9, 2009.

 

 **"Interdicting The Assets Of Mexico's Narco-Traffickers" included a U.S. Treasury Office of Foreign Assets Control link chart and press release from October 2008.  This link chart and press release basically indicated that Telesforo Baltazar Tirado Escamilla was subject to sanctions under the Foreign Narcotics Kingpin Designation Act (21 U.S.C. § 1901-1908, 8 U.S.C. § 1182) and Executive Order 12978 of October 21, 1995.

 

Telesforo Baltazar Tirado Escamilla was sanctioned for supposedly using his "Productos Farmaceuticos Collins" company to supply the Mexican narco-trafficking Amezcua Contreras Organization with the precursor materials for methamphetamine production.

 

The Office of Foreign Assets Control recently claimed via its September 2009 link chart and press release, that Telesforo Baltazar Tirado Escamilla had attempted to evade the sanctions.  He is accused of evading the sanctions by using "key front individuals", as the September 2009 link chart reveals:

(Click On The Link Chart To Enlarge It)

 

 

Link Chart: U.S. Treasury Office Of Foreign Assets Control

Copyright 2009 Fred L. Abrams

 

A Strategy Of Seizing Sinaloa Drug Cartel Assets

The U.S. Department of Justice believes that seizing assets from Mexican drug cartels can generally help combat cross-border murder, kidnapping, robbery, etc.  Through the person of the Criminal Division's Assistant Attorney General Lanny A. Breuer, the Department of Justice reiterated its desire to seize the illicit assets of illegal narco-traffickers.

 

Assistant Attorney General Breuer stated at a July 22, 2009 conference, that U.S. asset forfeiture and money laundering laws gave authorities the necessary tools to trace and then seize illicit drug-related assets.  He stressed the importance of disrupting the finances of narco-traffickers because their existence was fueled by large sums of cash.  The Assistant Attorney General also said that prosecutors should conduct financial investigations and add asset forfeiture claims to indictments in their criminal cases. 

 

He additionally stated in a July 9, 2009 hearing before a committee of the U.S.House of Representatives, that: "... seizing the financial infrastructure of the cartels undermines their very existence".  During the Assistant Attorney General's July 9 and July 22 statements, he specifically mentioned Operation Xcellerator, which had targeted the Sinaloa drug cartel.  A May 17, 2007 news release also discussed Sinaloa narco-trafficking.  It.claimed that Ismael Zambada Garcia, (as a supposed Sinaloa trafficker), had laundered drug monies via the following financial network:

 

 (To Fully View This Image, Click On It) 

  

Image: U.S. Treasury's Office of Foreign Assets Control

 

 

Continue Reading...

Asset Search News Roundup: June 13, 2009

A financial transfer through multiple jurisdictions which lacks any economic benefit, may especially be a red flag that assets have been hidden.  Although a variety of people sometimes use multiple jurisdictions to hide assets, this "Asset Search News Roundup" is about the front and / or shell companies reportedly used by the Fabio Enrique Ochoa Vasco drug trafficking network in Mexico, Colombia and the Caribbean.

 

According to a U.S. Treasury Department press release from yesterday, the Ochoa Vasco financial network includes the fifteen companies identified in the chart below.  Information about some other narco-traffickers can be found at: "Interdicting The Assets Of Mexico's Narco-Traffickers".

   

 

Click On Chart To Enlarge

Chart: Office Of Foreign Assets Control, U.S. Treasury

 

 

 

Copyright 2009 Fred L. Abrams

Interdicting The Assets Of Mexico's Narco-Traffickers

Narco-traffickers who conduct their illicit activities across the U.S.-Mexican border may fall under the Foreign Narcotics Kingpin Designation Act (21 U.S.C. § 1901-1908, 8 U.S.C. § 1182) and Executive Order 12978 of October 21, 1995.  Assets are frozen under the Foreign Narcotics Kingpin Designation Act ("the Kingpin Act"), if they are subject to U.S. jurisdiction and belong to persons or entities designated as Specially Designated Narcotics Traffickers on the "Specially Designated Nationals and Blocked Persons" list.

 

This list was just changed on April 15, 2009 to reflect the Kingpin Act designation of the Mexican: Sinaloa drug cartel, Familia Michoacana and “Los Zetas".  The Amezcua Contreras Organization of Mexico is also on the Specially Designated Nationals and Blocked Persons list and was put there as early as December 2000.  According to an October 2, 2008 press release, the Amezcua Contreras Organization supplied precursor materials for methamphetamine production.  The Amezcua Contreras Organization is portrayed below:

  

 

Click here to enlarge the foregoing image

 

Like those in the above image, Zhenli Ye Gon was accused of providing precursor materials for the manufacture of methamphetamine.  As mentioned by my post "Forfeiture & The DEA's Asset Search", Ye Gon had been arrested in Maryland on July 23, 2007 on methamphetamine drug and money laundering charges.  He had hidden $207 million in his Mexico City residence until law enforcement interdicted it on March 20, 2007.  The discovery of these monies was the "[l]argest cash drug seizure the world has ever seen", according to p. 166, Drug Enforcement Administration, 2003-2008.  Said $207 million is pictured below:    

  

 

 

  Copyright 2009 Fred L. Abrams

Asset Search News Roundup: February 11, 2009

The U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") is the focus of this "Asset Search News Roundup".  OFAC administers economic and trade sanctions against international drug traffickers, terrorists and certain countries under Presidential national emergency powers or federal laws.  In order to impose such economic sanctions, OFAC or other governmental authorities search for assets owned by those on the Specially Designated Nationals and Blocked Persons list

 

OFAC for example, recently designated pharmaceutical company AQUILEA, S.A. and plastic bag manufacturer MEGAPLAST, S.A., as Specially Designated Narcotics Traffickers pursuant to Executive Order 12978.  As a U.S. Treasury Department press release explained, this designation freezes any assets subject to U.S. jurisdiction, which belong to MEGAPLAST or AQUILEA. 

 

Said press release also suggests that the true beneficial ownership of MEGAPLAST and AQUILEA, (by drug kingpins Miguel Rodriguez Orejuela and Gilberto Rodriguez Orejuela), may have been concealed.  Furthermore, the following OFAC chart indicates that these drug kingpins might have concealed their MEGAPLAST and AQUILEA assets through family members used as nominees:

 

 

Click here to enlarge photo

 

 

Image: U.S. Treasury's Office of Foreign Assets Control

 

Copyright 2009 Fred L. Abrams

Forfeiture & The DEA's Asset Search

"I'm out of the asset forfeiture business and Title-III wiretaps too", Donnie remarked as we discussed the Drug Enforcement Administration's on-going effort to find hidden assets related to drug trafficking and other crime.  Donnie had retired from the DEA after serving twenty-one years as a Special Agent.  Now he was deployed to the Green Zone in Iraq to teach Iraqi police through the International Criminal Investigative Training Assistance Program of the Department of Justice.


Special Agents like Donnie often develop a great deal of expertise in conducting an asset search since asset forfeiture allows them to seize the proceeds of drug trafficking, money laundering, or organized crime.  For example, while Donnie had been stationed in El Paso Texas in 1988, (and also worked in Bolivia), he, another Special Agent, and the Mexican Federal Police seized $6-8 million in drug money.  By following the money trail, Donnie and his co-agent forfeited the $6-8 million because of its relation to their earlier seizure of 21 tons of cocaine in Sylmar, California.


My discussion with Donnie quickly drifted toward Zhenli Ye Gon's arrest in Maryland on July 23, 2007 on methamphetamine drug and money laundering charges. Ye Gon was accused of supplying chemicals used to manufacture methamphetamine through his pharmaceutical wholesale business based in Mexico City, Mexico.  According to a Special Agent's affidavit, the more than $207 million seized from Ye Gon's Mexico City residence was "hidden in various compartments, false walls, suitcases, and closets."  Also seized from Ye Gon's Mexico City corporate headquarters were $111,000 dollars; documents regarding domestic and offshore bank accounts; and wire transfer confirmations from Mexican money exchange houses to various banks.  As Ye Gon's criminal indictment In the U.S. District Court for the District of Columbia further indicated, the government sought to forfeit his money and other assets pursuant to 21 U.S.C. §§ 853 and 970.


Given all of the above, Donnie finally said: "Because of its impact on organized crime, asset forfeiture is one of the things that can stop those who supply pseudophedrine to the meth super labs and Mexican cartelsAsset forfeiture works so well that it has even become a kind of gold rush".  I then thought about the $ 1,143,341,308 in net deposits for 2006 made into the Department of Justice's Assets Forfeiture Fund-- which is a repository for just some of the federal agencies that forfeit assets.


Copyright 2007 Fred L. Abrams