Asset Search News Roundup: March 7, 2010

This "Asset Search News Roundup" focuses on "politically exposed persons", some of whom would launder corruption monies.

 

  1. "Stolen Asset Recovery: Politically Exposed Persons, A Policy Paper On Strengthening Preventative Measures" was published in 2009 and it is available at the Stolen Asset Recovery Initiative's website.  The 2009 policy paper stated at page 17: "[I]f, as the World bank suggests, $1 trillion of corruption money is moving around the world each year, where is it? ....the money must be moving undetected through the banks and intermediaries and the current systems are failing to detect it". 

     
  2. The Senate's permanent subcommittee on investigations held a hearing on February 4, 2010 about politically exposed persons from abroad hiding corruption monies in the United States.  At this hearing, the investigations subcommittee released its 330-page report "Keeping Foreign Corruption Out Of The United States: Four Case Studies".  A news release mentioning the hearing explained: "...that politically powerful foreign officials, and those close to them, have found ways to use the U.S. financial system to protect and enhance their ill-gotten gains".  

 

Copyright 2010 Fred L. Abrams

The Former Premier's Nexus To Hip Hop Weekly Magazine

At "Target Of Corruption Probe Sues Hip-Hoppers For Supposed Fraud", I first mentioned the nexus between former Turks & Caicos premier Michael Misick and Hip Hop Weekly Magazine.  The Forbes article "The Premier And The Hip-Hop Magazine" discussed the same thing and also quoted me. 

 

This article specifically examined the Former Premier's alleged investment in Hip Hop Weekly Magazine through My Way Productions 2.  The Forbes article additionally described Sir Robin Auld's public corruption investigation of the Former Premier and asked at page 1:

 

 "How did My Way Productions 2 get its funding? According to the investigation carried out by Sir Robin Auld, Misick supplied a document that showed $300,000 was transferred to My Way Productions 2 in 2007 from a company called Windsor Investment Group. Misick claimed the money was a dividend from that company, which he and his brother partially owned."

 

The supposed transfer of $300,000 dollars into My Way Productions 2 had been expressly mentioned at page 146 ¶¶4.75 & 4.76 of Sir Robin's "Final Report to the Governor of the Turks and Caicos Islands".*  The $300,000 dollars was also apparently discussed at pages 51, 53, & 54 of a transcript from the Former Premier 's January 14, 2009 public corruption hearing.  Besides all of the foregoing, assertions made by New Jersey lawyer David J. Finkler might too shed light on the Former Premier's connection to Hip Hop Weekly Magazine.

 

During the now settled New Jersey lawsuit involving the Former Premier and Hip Hop Weekly Magazine, Mr. Finkler made a special appearance on behalf of Z & M Media LLC.  (April 29, 2009 Transcript of Proceedings, available below).  At that time, Mr. Finkler characterized Z & M Media as the operating company for Hip Hop Weekly Magazine.  (Id. at page 10). 

 

According to page 12 of the April 29, 2009 Transcript of Proceedings, Mr. Finkler had claimed that "Mr. and Mrs. Missek [sic] were putting money in as investors".  He also then alleged that My Way Productions 2 had "helped write" an employment agreement reportedly related to Hip Hop Weekly Magazine and its co-founders David Mays and Raymond Scott.  (Id. at 13).  

 

(Click On The April 29, 2009 Transcript To Read it)
 

 

 

*Final Report to the Governor of the Turks and Caicos Islands, is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO

(Edited March 6, 2010)

Copyright 2010 Fred L. Abrams

Asset Search News Roundup: February 21, 2010

Today's "Asset Search News Roundup" is about the New York case against the ex-president of Guatemala, Alfonso Portillo and it also mentions the sentencing of New York former top cop Bernard Kerik:

 

  • The one-count indictment unsealed on January 26, 2010 in the case against ex-president Portillo is available here.  Mr. Portillo's indictment alleges that he embezzled monies in a public corruption scheme during his Guatemalan presidency.  According to his indictment, Mr. Portillo supposedly laundered illicit proceeds through multiple jurisdictions including: New York, Miami, Paris, Luxembourg and Switzerland.  He is specifically accused of violating 18 U.S.C. §1956 and the federal government is seeking asset forfeiture pursuant to 18 U.S.C. §982.

     
  • As reported by Bloomberg.com on February 18, 2010, former NYPD Police Commissioner Bernard Kerik was sentenced to four years of prison for tax fraud and some of the other crimes described at "White-Collar Crime & A Former Top Cop".  The letter Mr. Kerik sent to the Court just prior to his sentencing is available here: 

(To Read Mr. Kerik's Letter Click On The Image Below)

 

 

 Copyright 2010 Fred L. Abrams

Asset Search News Roundup: February 7, 2010

The Wall Street Journal's February 4, 2010 article "Switzerland Freezes Freed Duvalier Assets", is about alleged illicit assets blocked in Switzerland.  The blocked assets have been maintained in Swiss bank accounts and are believed to originate from Haiti's public coffers.  These public coffers were reportedly looted by former politically exposed person Jean-Claude "Baby Doc" Duvalier, who fled Haiti in 1986. 

   

The Wall Street Journal article claims that foreign dictators no longer favor hiding assets at Swiss banks because of "tough" Swiss laws requiring banks to know the source of funds.  The Swiss laws the article seems to refer to are commonly called "customer identification" or "know your customer" rules.  Rules requiring banks to identify their customers have been adopted across the globe and are in effect in the United States, the United Kingdom, etc. 

 

Swiss banks specifically follow customer identification rules by requiring their customers to execute a "declaration of beneficial ownership" which is also known as a "Form A".  Swiss banks also routinely monitor customer accounts, consistent with international anti-money laundering standards.  A former Yale Law School visiting scholar discusses the use of "Form A's" and shares some of his views on Swiss banking, at "Customer Identification At UBS AG And Some Other Banks". 

 

 Copyright 2010 Fred L. Abrams

New Jersey Lawsuit Involving Former Premier Misick Settles

The Court announced yesterday that there had been a settlement in the New Jersey case involving Former Premier Michael Misick of the Turks and Caicos Islands.  The settlement is mentioned at the Court's Order of Dismissal and by the current docket report

 

According to various court filings, the Former Premier could have been a beneficial owner of Hip Hop Weekly Magazine through his alleged interests in: My Way Productions 2 LTD. ("My Way"), Z & M Media LLC ("Z & M"), and the holding company for Hip Hop Weekly Magazine, Hip Hop Global  Media, LLC ("HHG"). (Cf. Defendants' Answer, Counterclaim and Third-Party Complaint at p. 26 ¶ 7) (claim that the Former Premier and his ex-wife LisaRaye McCoy were "real parties in interest").

 

The Verified Amended Complaint in the New Jersey case meanwhile, indicated at ¶¶7, 57, 75, 78, 80 and Exhibit "H",  that My Way or Z & M or HHG, might have been involved in making substantial capital contributions:

  1. $798, 647. 57 capital contribution from My Way into Z & M;
  2. $10,000.00 capital contribution from My Way into HHG;
  3. $833,334.00 capital contribution from My Way into HHG and Z & M;
  4. $260,000.00 capital contribution from Z & M to fund Hip Hop Weekly Magazine.
     

Given the facts that Mr. Misick was the the focus of a public corruption probe, (and also has an apparent nexus to Hip Hop Weekly Magazine, My Way, Z & M, and HHG), governmental authorities would presumably ask: Were the supposed capital contributions listed above, possibly derived from the alleged proceeds of Mr. Misick's suspected public corruption scheme? 

 

If monies, stock shares or other assets are constituted or derived from a public corruption scheme, then the same could of course be subject to asset forfeiture pursuant to the laws cited at "Could Former Premier Misick Face U.S. Forced Collection Proceedings?".

 

Asset forfeiture was a component of U.S.A. v. Jefferson, Criminal No. 1:07-cr-00209.  In Jefferson, a former U.S. congressman's assets were subject to forfeiture because they were derived from a public corruption / bribery scheme.  As explained at the August 11, 2009 "Asset Search News Roundup", the Jefferson jury found that the former congressman's monies in two bank accounts, were subject to forfeiture.

 

The former congressman's stock shares in a Nigerian company, a Ghanaian company, a Delaware company, and an Indiana company, could too be forfeited, as demonstrated by the jury's Special Verdict Form:

 

 

(Click On The Special Verdict Form To Read Its Entire Contents)

 

 (Last edited 2:25 PM)

Copyright 2010 Fred L. Abrams

Could Former Premier Misick Face U.S. Forced Collection Proceedings?

At first glance, there is nothing unusual about the lawsuit filed in New Jersey involving Former Premier Michael Misick of the Turks and Caicos Islands. The complaint in the lawsuit executed by the Former Premier, claimed that Hip Hop Weekly Magazine founders David Mays and Raymond Scott had misappropriated the magazine's cash.  

 

Mr. Mays and Mr. Scott separately alleged in their answer, counterclaim and third-party complaint, that the Former Premier had been an investor in the magazine and was basically one of its owners.  On March 23, 2010, there is a status and settlement conference scheduled in the lawsuit, as mentioned by the Court's last docket entry:  

 

(Click On The Above Image To View The Docket Report)

 

"Target Of Corruption Probe Sues Hip-Hoppers For Supposed Fraud" meanwhile, explained that the Former Premier had been the subject of a public corruption probe by the Turks and Caicos Islands Commission of Inquiry.  The Inquiry issued its Redacted Final Report, which is fully available here.   This Final Report asserted that the Former Premier was known to have enjoyed a "Hollywood lifestyle" beyond his salary and allowances as a politician.  It also raised the critical questions: Had the Former Premier been a party to public corruption and could he have taken illicit monies?

 

If a politically exposed person like the Former Premier, actually has engaged in a public corruption scheme, then the scheme's illicit proceeds could become the target of forced collection proceedings.  This result might especially occur if a foreign politically exposed person laundered the illicit proceeds by making investments in the U.S. or otherwise parked assets there. 

 

Foreign governmental authorities might then use a letter rogatory under 28 U.S.C. §1782 (Assistance to foreign and international tribunals and to litigants before such tribunals), to gather evidence from U.S. witnesses about the illicit proceeds.  Governmental authorities could also try to interdict these illicit proceeds in the U.S., through the following federal statutes:

  

(Edited January 20, 2010) 

Copyright 2010 Fred L. Abrams

Breach Of Trust By A Former Red Cross Secretary-General?

The humanitarian non-profit Slovenian Red Cross operates in 12 regions with 916 local Red Cross organizations.  Its former Secretary-General Mirko Jelenic however, is suspected of involvement  in a criminal "breach of trust", as mentioned by Slovenian law.  He might have used Slovenian Red Cross monies in a phony real estate sale agreed to in the year 2000. 

 

GNN Inc., of 2316 Baynard Blvd.,Wilmington, could possibly also have been used as a nominee corporation to facilitate the supposed phony sale.  The Delaware U.S. Attorney on behalf of prosecutors in Slovenia, therefore filed a motion on October 14, 2009 seeking the issuance of a letter rogatory about GNN Inc. The Court then issued its October 22, 2009 Order which permitted discovery via a letter rogatory about GNN Inc. in Delaware: 

  

  
(Click On The Letter Rogatory Above To Read It)

 

On October 14, 2009 the Delaware U.S. Attorney had additionally sought the issuance of a different letter rogatory for prosecutors in Poland.  As discussed at "Warsaw Prosecutors Eye Possible Money Laundering At 50 Platowcowa Street", the prosecutors in Poland too needed information from witnesses residing in Delaware, for a criminal investigation.

 

Letters rogatory are sometimes also an available legal remedy for: divorcing spouses, judgment creditors, etc. This is especially true if a divorcing spouse, judgment creditor, etc. is searching for assets that have been laundered through multiple jurisdictions and / or are hidden by cross-border elements.  

 

(Edited December 10, 2009)

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: December 6, 2009

This "Asset Search News Roundup" is about "politically exposed persons" who are accused of hiding cash during alleged bribe-taking.  One such person is Governor José Roberto Arruda of Brasilia.  "Brazil in shock as secret video catches 'corrupt' governor red-handed", reports that Brazilian Federal Police in "Operation Pandora" possess surveillance video of  the Governor supposedly pocketing bribe money.  Others related to the Governor are also under suspicion for hiding cash bribes because of "Operation Pandora". 

 

The Governor's press secretary and former Cabinet chief were both videotaped suspiciously counting cash into a bag.  The leader of the Governor's regional government was filmed possibly hiding a bribe in her handbag.  A video clip reveals that "Tribuna do Brasil" newspaper owner Alcyr Collaço, might too have concealed a bribe in his underpants.  "Corruption Allegations Against Federal District Governor" reveals that a different video, could show Brazilian lawmakers Rubens Júnior César Brunelli and Leonardo Prudente praying after the supposed secret transfer of a bribe. 

 

One U.S. lawmaker similarly accused of hiding bribes is former Massachusetts state senator Dianne Wilkerson.  The surveillance video / still photos at "Public Corruption Charges Against Two Politically Exposed Persons" allegedly show her concealing a bribe by stuffing it into her bra.  A pretrial conference in her public corruption case is currently scheduled for December 15, 2009, according to the relevant docket report:


(To Read The Docket Report, Click On It

 

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: November 22, 2009

This "Asset Search News Roundup" mentions the sentence of a former Louisiana congressman and the 14,700 U.S. taxpayers who sought partial amnesty from the IRS:

 

  • A November 13th FBI press release explained that Former Louisiana Congressman William Jefferson was sentenced to thirteen years in prison for public corruption and other crimes.  As I discussed at the August 11th "Asset Search News Roundup", the former congressman was found guilty of soliciting bribes and then hiding them through money laundering.  He was also convicted of honest services wire fraud, racketeering and conspiracy.

 

  • Ms. Lynnley Browning's article "14,700 Disclosed Offshore Accounts", reported that a number of U.S. taxpayers have voluntarily disclosed their secret foreign bank accounts as part of an IRS partial amnesty program.  As I wrote at "Some Abusive Offshore Tax Avoidance Schemes At UBS", U.S. taxpayers who own a foreign bank account with assets in excess of $10,000 are required to disclose the same at Schedule B, Part III of their U.S. Individual Tax Return Form 1040. They must also separately file a TDF 90-22.1, (a.k.a. a "FBAR" form).

 

"14,700 Disclosed Offshore Accounts" indicated that the disclosing taxpayers will be treated with leniency despite their failure to make the above-mentioned filings.  It also stated that the taxpayers may have been prompted to make their disclosures because of the settlement of U.S.A. v. UBS AG, 1:09-cv-20423.  In that case, the IRS tried to compel UBS to supply foreign bank account information belonging to suspected U.S. tax cheats.  As fully described by "UBS & Its 'John Doe' Summons", the IRS sought this information by serving the John Doe Summons depicted below: 

 

 (Click On Images To Enlarge)

 

Copyright 2009 Fred L. Abrams

Target Of Corruption Probe Sues Hip-Hoppers For Supposed Fraud

A complaint verified by Former Premier Michael Misick of the Turks and Caicos Islands, claims hip- hop pioneers David Mays and Raymond Scott breached the Z & M Media LLC operating agreement, at Exhibit "A".  The Former Premier, Mr. Mays, Mr. Scott and others, are believed to hold ownership interests in Z & M Media, which is the operating company for the biweekly  "Hip Hop Weekly Magazine". 

 

The complaint additionally seeks damages for more than a million dollars from Mr. Mays and Mr. Scott because of an alleged fraud / embezzlement scheme. Amended Complaint at ¶¶ 161-164.  It asserts that Mr. Mays and Mr. Scott might have misappropriated cash from Z & M Media. Id. at ¶¶ 33-44. 

 

In responding to the complaint, Mr. Mays denied any wrongdoing via his opposing affidavit.  He also stated that Hip Hop Weekly was "the bible of the hip hop industry" with an estimated readership of one million. Opposing Affidavit ¶4.  Since February 2009, the magazine has been sold by the "CVS" chain and at many other retailers throughout the U.S., according to a letter from its distributor:

 

Click On The Letter To Enlarge It)

 

On April 20, 2009 the Court issued a temporary restraining order against Mr. Mays and Mr. Scott, which prohibited any violation of the above-mentioned operating agreement.  This restraint was continued by the Court's Order dated May 19, 2009.  Via their July 14, 2009 answer, counterclaim and third-party complaint, Mr. Mays and Mr. Scott however, alleged that the Former Premier had unjustifiably brought the complaint to gain complete control of Z & M Media.  The Former Premier would then supposedly sell Z & M Media and its assets to fund his defense against a "likely criminal prosecution by the British government". (Answer, Counterclaim & Third-Party Complaint, at pp. 23-24, ¶3).

 

This particular allegation apparently focuses on the fact that the Former Premier was the target of a corruption probe by the British Foreign Office in London.  Although the Former Premier resigned from public office in March 2009, he had been investigated by the Turks and Caicos Islands Commission of Inquiry.  The Former Premier's alleged misconduct is also described at pp.114-153 of Sir Robin Auld's "Final Report to the Governor of the Turks and Caicos Islands":*

 (Click On The Final Report To Read Part Of It)

 

According to Sir Robin's Report, the Former Premier may have accepted numerous unexplained payments and possibly taken illicit monies by somehow claiming they were loans.  He is also believed to have transferred hundreds of thousands in political party monies to pay for household decorations and his wife's U.S. stylist.

 

 

*Final Report to the Governor of the Turks and Caicos Islands, is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: November 10, 2009

On the radar this week is: former Police Commissioner Bernard Kerik's guilty plea and following the money trail to Canada.

 

 

Following the money trail of this suspected securities fraud appears to have also led to Canada, as explained by the article "$300 million Oxford trail leads into Canada". 

Perhaps most notable, is that each one of the above-mentioned locations is generally considered by financial investigators to be a high-risk geographical location.  This means that a nexus to any one of them, can be a red flag for money laundering. 

 

 Copyright 2009 Fred L. Abrams

Bernard Kerik Is Jailed While His Trial Is Delayed

As I previously mentioned at the December 5, 2008 "Asset Search News Roundup", former NYPD Police Commissioner Bernard Kerik is alleged to have been involved in a public corruption scheme and tax fraud.  Mr. Kerik's superseding indictment in U.S.A. v. Bernard B. Kerik, 07-cr-1027, accuses him of trying to secure city contracts for a New Jersey company which had supposedly paid him illegally through apartment renovations.

 

Mr. Kerik could have accepted some of this alleged illegal payment after being sworn in as New York City's 40th police commissioner.  He is also accused of concealing the same by failing to report it as taxable income and may have taken false deductions in a tax fraud.  Sup. Indict. ¶¶ 20 (c) & 28-31.  

 

Although Mr. Kerik had been freed because of the $500,000 bail package mentioned at "Former NYC police chief Kerik jailed before trial", he was remanded by an October 20, 2009 Order revoking the conditions of his supervised release.  Before issuing this Order, the Court presumably considered the Government's October 14, 2009 letter:

 

(To Read The Above Letter, Click On It)

 

As more fully set forth in the October 14th Letter, Mr. Kerik was believed to be in contempt of court for violating a March 19, 2008 protective order.  According to the Letter, Mr. Kerik tried to prejudice potential jurors through extrajudicial statements.  Mr. Kerik had supposedly disclosed non-public and defamatory information about his case. 

 

This information was then reportedly disseminated through Twitter, Facebook and the "Kerik Legal Defense Trust" website.  Mr. Kerik will now apparently remain jailed pending the outcome of his upcoming trial.  As the New York Times reported in "Prosecutors Say Kerik Had Bill Faked for Renovation of His Apartment", Mr. Kerik's trial was scheduled to start today but has been delayed in Court. 

 

Copyright 2009 Fred L. Abrams

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: August 17, 2009

The settlement of the UBS "John Doe" Summons case in Miami and U.S. Secretary of State Hillary Clinton's seven-nation tour of Africa, are covered by the August 17th "Asset Search News Roundup":

 

 

This past July, Transparency International also described public corruption in Kenya-- another country part of Secretary Clinton's seven-nation tour.  In July, Transparency International specifically labeled the Kenya Police as the most corrupt institution in all of East Africa, as indicated by my July 12, 2009 "Asset Search News Roundup".  Pictured below is Secretary Clinton at a town hall meeting in Kenya on August 6, 2009, during her seven-nation tour of Africa.

 

 

 Photo: U.S. State Department

 

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: August 11, 2009

The jury's August 5, 2009 verdict in U.S.A. v. Jefferson, found former congressman William Jefferson guilty of hiding bribery proceeds by laundering them, as described by the 12th, 13th and 14th counts of his indictment.  The August 5, 2009 verdict and a U.S. Department of Justice press release also state that Mr. Jefferson is guilty of soliciting bribes, honest services wire fraud, racketeering and conspiracy. 

 

An August 6, 2009 jury verdict similarly found that about $470,000 dollars in two bank accounts were criminal proceeds subject to asset forfeiture.  Under the August 6 verdict, stock shares in companies likely used as Mr. Jefferson's nominees, can be forfeited.  These stock shares are for a Nigerian company, "W2-IBBS"; a Ghanaian company, "International Broad Band Services, LLC"; a Delaware company, "Multi-Media Broad Band Services, Inc."; and a company in Indiana, "iGate, Incorporated".

 

As was previously reported by the media, investigators in U.S.A. v. Jefferson had interdicted $90,000 in a freezer on August 3, 2005, pursuant to a search warrant executed at Mr. Jefferson's Washington D.C. home.  A search warrant of Mr. Jefferson's congressional office had also been executed along with the one below for Mr. Jefferson's New Orleans home: 

 

To View The Entire Search Warrant, Click On The Above Image

 

A challenge prosecutors in U.S.A. v. Jefferson undoubtedly faced, was the fact that part of Mr. Jefferson's bribery scheme included cross-border elements in Nigeria, Ghana and other African countries.  To acquire evidence from foreign witnesses, prosecutors therefore sought relief in the form of mutual legal assistance and via letters rogatory.  These same methods are commonly used to obtain evidence from foreign bank witnesses and are discussed in my upcoming article, "Eliciting Evidence From Foreign Bank Witnesses".

 

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: July 24, 2009

"An Asset Search, Tax Fraud & Divorce" mentioned that Brian, (a former high-ranking official at the Financial Crimes Enforcement Network, who had earlier been an IRS special agent), said: "Once a tax fraud investigation starts rolling along, nobody knows where it may end up". 

 

Today's "Asset Search News Roundup" is similarly about the numerous individuals just arrested because a money laundering investigation ended up uncovering suspected public corruption crimes in New Jersey.  As yesterday's Department of Justice press release basically indicated, federal investigators had initially focused on some money laundering circuits.  In these money laundering circuits, five rabbis had supposedly washed monies by using charities; and / or a Brooklyn Bakery; and / or other  "cash houses".

 

Cash couriers, (whom I referenced in my April 13 2009 Asset Search News Roundup), also reportedly helped wash the monies across borders, between Israel and the United States.  The money laundering investigation however, eventually expanded and led to the arrests of three mayors, a deputy mayor, two assemblyman and many others, for suspected public corruption crimes in New Jersey.

 

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: July 12, 2009

The "Asset Search News" for this week discusses my interview by AssetForfeitureWatch.com; Transparency International's press release about Kenyan police corruption; and the file assistant who pleaded guilty to computer intrusions in violation of U.S. privacy law.

 

+AssetForfeitureWatch.com provides the law enforcement community with training / support in the area of asset forfeiture.  Last Tuesday, AssetForfeitureWatch.com interviewed me for the upcoming article "Following the money trail with a professional asset hunter" which will be available at its website.

 

++My "September 26, 2008 Asset Search News Roundup" mentioned Transparency International's 2008 Corruption Perceptions Index.  That index ranked Kenya as having a low reputation for honesty, alongside Russia, Bangladesh and Syria.  On one of its webpages, Transparency International has also accused the Kenya Police of being the most corrupt institution in all of East Africa.

 

+++"Pretexting During An Asset Search" explained that U.S. privacy and other laws sometimes prohibit private detectives, information brokers, etc. from using false pretenses as part of an asset search.  U.S. Privacy laws can of course also apply to other kinds of  situations, like that Mr. William A. Celey was in.  According to a press release, Mr. Celey pleaded guilty to computer intrusions that violate  privacy laws.  Based on his one-count criminal information, Mr. Celey, (while a U.S. State Department file assistant), had illegally accessed data:

 "pertaining to the imaged confidential passport application files of various celebrities and their families, actors, models, musicians, athletes, record producers, family members, a politician, and other  individuals identified in the press".  (Criminal Information, at page 1). 

 

 (Edited July 13, 2009)

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: July 6, 2009

This "Asset Search News Roundup" concentrates on the International Centre For Asset Recovery ("ICAR"), which is part of the Basel Institute on Governance.  ICAR's "Knowledge Centre" is particularly geared toward helping "asset recovery practitioners, investigators, prosecutors and policy makers worldwide".

 

The Knowledge Centre generally has information for domestic governmental authorities, about  forced collection proceedings when assets are hidden offshore in public corruption or other criminal schemes.  ICAR's hyperlink to "Stolen Asset Recovery: A Good Practices Guide for Non-Conviction Based Asset Forfeiture" for instance, describes how governmental authorities may interdict assets through Mutual Legal Assistance, Letters Of Request, (a.k.a. Letters Rogatory / Legal Assistance Requests), etc. 

 

Legal remedies similar to those mentioned above are also sometimes available at the individual level to private litigants seeking to recover assets hidden offshore.  To cite just one example, private litigants searching for assets hidden offshore in Switzerland, might pursue the remedies mentioned by "An Asset Search In Geneva".

 

Copyright 2009 Fred L. Abrams

Public Corruption Charges Against Two Politically Exposed Persons

Politically exposed persons who are involved in public corruption schemes, sometimes use money laundering to hide bribes or other illicit proceeds.  Although not accused of money laundering, former Detroit city councilwoman Monica Conyers, was a politically exposed person suspected of accepting bribes.  Monica Conyers is also the wife of House Judiciary Committee Chairman John Conyers. 

 

The Detroit News and others reported earlier that Monica Conyers was under investigation for supposedly accepting jewelry and cash.  As was also widely reported, she recently pleaded guilty to a charge of conspiracy to commit bribery.  This bribery conspiracy was outlined in a second superseding information filed June 26, 2009.  According to Monica Conyers' plea agreement, her bribe-taking involved a wastewater treatment contract between Synagro Technologies Inc. and the City of Detroit. 

 

Unlike Monica Conyers, former Massachusetts state senator Dianne Wilkerson has pleaded not guilty to public corruption charges.  I first wrote about Diane Wilkerson in my November  5, 2008 "Asset Search  News Roundup".  As a second superseding indictment in U.S.A. v. Wilkerson, 1:08-cr-10345 mentions, Dianne Wilkerson is accused of violating 18 U.S.C. §1951 ("the Hobbs Act") and other federal laws.  The government is also seeking the forfeiture of Ms. Wilkerson's assets, pursuant to 18 U.S.C. §981 (a) (1) (C) and 28 U.S.C. §2461 (c).      

 

Furthermore, an FBI Special Agent's Affidavit relies on surveillance video / still photos to support the government's contention that Diane Wilkerson had taken bribes related to a state liquor license.  The government's still photos were highly publicized and one of them supposedly showed Diane Wilkerson on June 18, 2007 hiding a $1000 bribe in her bra.  The Special Agent's Affidavit at pp. 6-7, ¶ 15,  referred to some of these still photos as Exhibits "C" and "D":

 

 

 

 

 

 Photos: U.S. District Court File, U.S.A. v. Wilkerson

 

 

Copyright 2009 Fred L. Abrams

The Element Of Identity Theft In Different White-Collar Crimes

Identity theft can play a role in white-collar crimes ranging from money laundering to tax fraud.  Perhaps most interesting are the schemes which share identity theft and money laundering as common elements, like the one mentioned at "A Tax Fraud & Identity Theft From Miami".  Identity theft and money laundering are similarly alleged to have occurred in the case of U.S.A. v. Renee Gill Pratt, et. al. Criminal No. 2:08-cr-00140. 

 

The May 22, 2009 superseding indictment in Pratt, alleges that former Louisiana state representative and New Orleans city councilwoman Renee Gill Pratt participated in a RICO criminal enterprise which misappropriated government funds and concealed assets.  Said superceding indictment contains a total of thirty-four counts alleging money laundering, aggravated identity theft and other crimes, as mentioned by an FBI press release.

 

Identity theft is of course, not just limited to cases involving money laundering.  In U.S.A. vs. Torrella et. al. 3:07-cr-05775 for example, data brokers Emilio and Brandy Torrella pleaded guilty on May 20, 2008 to violating 18 U.S.C. §1028A (aggravated identity theft), among other things.  As my post "Pretexting During An Asset Search" explained, the Torrellas were accused with private detectives, of illegally obtaining confidential information from the I.R.S., Social Security Administration, pharmacies, medical offices and various state labor departments. 

 

The Torrellas had violated people's privacy rights and committed aggravated identity theft by making pretext calls, (i.e. eliciting information by using false identities / false pretenses in telephone calls).  They are now scheduled for sentencing before the Court on July 10, 2009. 

    

Copyright 2009 Fred L. Abrams  

Politically Exposed Persons & Money Laundering

My September 26, 2008 Asset Search News Roundup mentioned that public corruption crimes can involve concealing bribe payments or other illicit assets.  This is perhaps why financial institutions sometimes check lists of "Politically Exposed Persons", (i.e. individuals holding high foreign public office, a.k.a. "PEPs"), in an anti-money laundering program.  These lists of "Politically Exposed Persons" are commercially available from World-Check's PEP Database, WorldCompliance's Global PEP List, etc.

 

The Wolfsberg Group and the Financial Action Task Force's "6th Recommendation" consider Politically Exposed Persons to be money laundering risks.  Page 10 of the Basel Committee's October 2001 publication "Customer due diligence for banks", similarly describes the problem of Politically Exposed Persons hiding assets through money laundering. 

 

Furthermore, according to an Associated Press article, ("Davos: Don't let crisis breed more corruption"), the Annual Meeting of the World Economic Forum just warned that the global financial crisis could lead to even more public corruption.  We may therefore experience an increased risk of Politically Exposed Persons using money laundering to hide bribe payments and / or other criminal proceeds.  

(Edited January 5, 2010)

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: February 3, 2009

Two U.S. mayors suspected of public corruption crimes are mentioned in this "Asset  Search News Roundup".  The first mayor described below, might have concealed a bribe via a home renovation.  The second one is suspected of hiding gifts.  Meanwhile, a third mayor was just arrested along with his wife for an alleged insurance fraud relating to Hurricane Katrina of 2005.

 

 

  • Mayor Sheila Dixon of Baltimore, Maryland, is believed to have hidden gifts and failing to make the necessary financial disclosures about them.  "List of charges against Mayor Sheila Dixon", provides specific details about the January 9th indictment of Mayor Dixon.  Based on both "List of charges against Mayor Sheila Dixon" and a Wall Street Journal article, the Mayor's supposed scheme included her larcenous taking of holiday gift cards intended for the needy. 

 

  • Gulfport, Mississippi Mayor Gregory Brent Warr and his wife, Laura Jean Warr, were recently arrested for a suspected insurance fraud arising from Hurricane Katrina.  According to "Miss. Mayor, Wife Charged for Katrina Fraud", the Mayor and Mrs. Warr are accused of defrauding FEMA and an insurer out of $222,798.10.  Their alleged insurance fraud is also described in a Department of Justice press release.

 

Copyright 2009 Fred L. Abrams

Three African Heads of State Sued For Hiding Assets

A "Misappropriated Public Assets" civil petition in France claims that the presidents of Gabon, Congo Brazzaville and Equatorial Guinea are likely hiding assets.  The "Misappropriated Public Assets" petition against the three heads of state was filed December 2, 2008 by both Transparency International (France) and the Sherpa Association

 

The assets at issue in France might possibly originate from public funds stolen by President Bongo, President Denis Sassou-Nguesso and President Obiang Nguema.  As a December 2, 2008 press release partly mentions, all three presidents may be using their relatives as nominees to hide valuable real estate and automobiles in France.  President Bongo and President Denis Sassou-Nguesso could also be hiding assets in France through offshore bank accounts opened there.

 

President Bongo is suspected of hiding 39 Apartments, 70 bank accounts and 9 automobiles.  President Denis Sassou-Nguesso might similarly be concealing 18 apartments, 112 bank accounts and 1 vehicle.  Meanwhile, President Obiang Nguema may be hiding 1 apartment and 8 automobiles.  These particular assets were uncovered during a 2007 police investigation and had been the subject of earlier legal proceedings. 

 

Copyright 2009 Fred L. Abrams

Asset Search News Roundup: December 13, 2008

Past "Asset Search News Roundups" described different schemes in which assets have been hidden. This "Asset Search News Roundup" is similarly about the criminal complaint filed against Illinois Governor Blagojevich, which raises among other things, the question of whether Governor Blagojevich had possibly considered hiding / dissipating assets.


While the criminal complaint against Governor Blagojevich alleges that he tried to: extort the Tribune Co., sell President-elect Obama's Senate seat, etc., it also claims that Governor Blagojevich learned from a news story that he had been surreptitiously recorded during a criminal investigation.  Presumably because of this criminal investigation, Governor Blagojevich had allegedly discussed conveying monies from his "Friends of Blagojevich" campaign fund to prevent them from being "frozen". (Criminal Complaint at pages 73-74, paragraphs 115 {c} & {d}).


The criminal complaint against Governor Blagojevich further alleges that he discussed whether he should prepay monies to his criminal defense lawyer with the understanding that these same monies might later be returned. The Governor also supposedly talked about depositing campaign contributions into a newly formed fund raising account called "Citiizens for Blagojevich".  All of the foregoing suggests that Governor Blagojevich might have contemplated hiding assets because he anticipated asset forfeiture or other forced collection proceedings as the subject of a criminal investigation.


Meanwhile, The World Bank published a blog post about Governor Blagojevich this week, "Illinois Governor Blagojevich: sign of endemic corruption in the US?".  Said blog post argues that the U.S. does not suffer from endemic levels of corruption despite the fact of the criminal complaint against Governor Blagojevich.  Governor Blagojevich however, is the fifth Illinois governor to face criminal charges in the last fifty years, as mentioned by the Los Angeles Times article "Illinois governor faces corruption charges".  According to that Los Angeles Times article, an FBI agent also made the following comment about Illinois: "If this isn't the most corrupt state in the United States, it's certainly one hell of a competitor".


Copyright 2008 Fred L. Abrams

Asset Search News Roundup: December 5, 2008

Ex-N.Y.P.D. Police Commissioner Bernard Kerik and Puerto Rico's Governor Anibal Acevedo Vila are among the many indicted for allegedly hiding assets during public corruption and tax fraud schemes.  This "Asset Search News Roundup" is an update about the criminal cases pending against both of them.

 

The Daily News reported that a superseding indictment was filed this week against Bernard Kerik, who was New York City's 40th Police Commissioner.  An August 18, 2008 docket entry in Mr. Kerik's case also mentioned that the news media had unsuccessfully sought the unsealing of grand jury-related materials.  As my December 2, 2007 post "White-Collar Crime & A Former Top Cop" described, Mr. Kerik had among other things, been earlier indicted for an alleged public corruption and tax fraud scheme.

 

Meanwhile, I mentioned in "Puerto Rico's Governor & Public Corruption", how Puerto Rico Governor Anibal Acevedo Vila had too been indicted on tax fraud and public corruption charges.  As the Court's docket however reveals, parts of the Governor's superseding indictment were just dismissed.  The grounds for said partial dismissal are fully provided in the Court's December 1, 2008 Order.

 

Copyright 2008 Fred L. Abrams

Asset Search News Roundup: October 8, 2008

Covered by this "Asset Search News Roundup" are: a German student arrested for hiding $15 million in his luggage; Sir Ian Blair's resignation amidst a public corruption claim; and the financial fraud investigation of AIG Insurance Company.

  • German customs officials made their largest cash seizure ever from an individual, after finding euros valued at $15 million hidden in a student's luggage.  As mentioned by the Sydney Morning Herald, the 29- year-old German student was at Frankfurt Airport waiting to board a flight to the Middle East.  The student was likely a courier hiding / smuggling cash and is under investigation for suspected money laundering.
  • When Sir Ian Blair issued an October 2 statement explaining his resignation as London's 24th Metropolitan Police Commissioner, Transparency International issued a statement of its own. Based on Transparency International's statement, Sir Ian Blair's resignation is related to public corruption allegations.  As the Daily Mail mentioned, Sir Ian Blair was accused of improperly giving more than £3million in Metropolitan Police contracts to his friend of 30 years, Andy  Miller. 
  • As was widely reported, AIG Insurance Company accepted an $85 billion federal government rescue loan and then spent hundreds of thousands on a lavish business event which included $23,000 in spa charges.  Although AIG's spa charges did not involve criminal wrongdoing, AIG is already the subject of an ongoing financial fraud investigation.  

 

Copyright 2008 Fred L. Abrams

Asset Search News Roundup: September 26, 2008

Since public corruption crimes can involve the concealment of bribe money or other illicit assets, public corruption is the subject of this "Asset Search News Roundup".  As partly mentioned at  "White-Collar Crime & A Former Top Cop", Transparency International's Corruption Perception Index annually ranks 180 countries by their perceived levels of corruption.  

 

The Corruption Perception Index specifically does this by assessing countries on a scale of "1" to "10.  As more fully described by a press release, the 2008 Corruption Perception Index was just released on September 23.  According to said press release, corruption is falling in Ireland while it is rising in the neighboring United Kingdom.

 

Copyright 2008 Fred L. Abrams

FBI Agent Faces Fraud Charges

While Byron Murphy was serving a 15 year sentence for robbing a Mesa, Arizona Radio Shack, he filed a pro se prisoner's civil rights complaint against the F.B.I. and Special Agent Joe Gordwin, Jr.  Although the trial court issued its August 15, 2006 Order dismissing Mr. Murphy's civil rights complaint, it permitted him to file a first amended complaint.

 

Mr. Murphy's first amended complaint alleged that his wife had an extramarital affair with Special Agent Gordwin and that Special Agent Gordwin had taken her to meetings to scare her into continuing the affair.  Mr. Murphy further alleged that his life and those of his family members had been threatened by Special Agent Gordwin and that Special Agent Gordwin had tampered with a criminal case against Mr. Murphy.

 

In its September 11, 2006 Decision, the trial court finally dismissed Mr. Murphy's first amended complaint on the ground of legal insufficiency.  Mr Murphy appealed this dismissal by filing a Notice of Appeal to the Ninth Circuit Court of Appeals.  The Ninth Circuit then affirmed the dismissal of Mr. Murphy's complaint in its December 28, 2007 Judgment.  Five months later, Special Agent Gordwin however, was indicted in U.S.A. v. Gordwin, United States District Court for the District of Arizona, Index No. 2:08-cr-00535. 

 

As more fully set forth in said indictment, an East Valley Tribune article and a press release, Special Agent Gordwin is suspected of committing six counts of “honest services” wire fraud, five counts of making false statements and seven counts of witness tampering.  Among other things, the indictment alleges a cover-up and that Special Agent Gordwin even misused an FBI vehicle for an "improper intimate relationship".  The indictment's most notable allegations may however, be what Mr. Murphy's First Amended Complaint had also alleged: that Special Agent Gordwin made threats; tampered with Mr. Murphy's criminal prosecution; and had carried on an affair with Mr. Murphy's wife.

 

Copyright 2008 Fred L. Abrams

Attorney Christensen's Wiretap Conviction

Attorney Terry Christensen was convicted along with private investigator Anthony Pellicano on August 29, 2008, as reported by The New York Times and The Wall Street Journal Law Blog.  According  to the criminal minutes from his trial, Mr. Christensen had been found guilty of his two-count indictment for violating 18 U.S.C. 371 (Conspiracy) and 18 U.S.C. 2511 (1) {a}  & {d} (Interception of Wire Communications). 

 

While representing billionaire investor Mr. Kirk Kerkorian in a child support case, Mr. Christensen had used an illegal wiretap to undermine Mr. Kerkorian's adversary-- Ms. Lisa Bonder Kerkorian.  As fully described at pages 15-17 of the government's Trial Memorandum, Mr. Christensen had telephoned Mr. Pellicano on March 18, 2002 and authorized the illegal wiretapping of Ms. Kerkorian's phone.  The wiretap ended on or about May 16, 2002 and had enabled Mr. Christensen to even eavesdrop on Ms. Kerkorian's privileged conversations with her attorneys.

 

Mr. Christensen's wiretap conviction could change how some attorneys interact with private investigators who perform background checks; asset searches; or other tasks.  As suggested by The Los Angeles Times article "Wiretap trial sheds light on lawyers' work with private eyes", Mr. Christensen's conviction might make attorneys more cautious in their dealings with private investigators.  In discussing Mr. Christensen's conviction, an FBI spokesperson also said in a press release: "This case uncovered corruption by the wealthy and influential and today's guilty verdicts render assurance that the justice system cannot be bought by those with money and power." 

 

Copyright 2008 Fred L. Abrams

Asset Search News Roundup: September 6, 2008

Mr. Frank Lowy of Australia; Puerto Rico Governor Anibal Acevedo Vila; and articles regarding privacy issues; are all mentioned in this "Asset Search News Roundup":

  • The sale of data by the Iowa County Recorders Association to Datatree, has been temporarily suspended according to DesMoinesRegister.Com.  The sale raises privacy concerns because it includes the transfer of personal information like social security numbers.  Also raising privacy issues, is a recent Knoxnews.com article about a Tennessee Highway Patrol trooper who allegedly conducted unauthorized background checks.

 

 Copyright 2008 Fred L. Abrams

Second Army Major Guilty Of Bribery

In "Army Major Arrested For Money Laundering", I described how Major John Cockerham and his wife Melissa Cockerham were prosecuted for a bribery / money laundering scheme.  According to their indictment, Major Cockerham had taken bribes as an Army Contracting Officer in Kuwait while awarding contracts for bottled water, etc.  Since their indictment, Major Cockerham pleaded guilty to conspiracy, bribery and money laundering conspiracy, and his wife pleaded guilty to money laundering conspiracy.  Although a recent docket report reflects that Major Cockerham and his wife await sentencing on October 22, 2008, Major Cockerham's sister Carolyn Blake, is still scheduled for trial in connection with their case. 

 

A second Army Major however, also awaits sentencing because of the separate bribery scheme described by the three-count Information filed in U.S.A. v. James Momon, Jr.  Major Momon, (who in 2005 took over Major Cockerham's job as a Contracting Officer in Kuwait), pleaded guilty on August 13 to conspiracy and bribery charges.  A press release about the guilty plea, mentions that Major Momon began taking bribes in 2005, while awarding bottled water and other Army contracts. 

 

Just as Major Cockerham hid bribe monies by using offshore bank accounts in high-risk locations such as Kuwait and Dubai, Major Momon similarly hid his bribes in bank accounts in the Philippines.  Furthermore, both Major Cockerham and Major Momon had each used shell companies as a means to conceal the bribes they had received.

 

Copyright 2008 Fred L. Abrams

Bribing Judges Through Nominees

Class-action attorney Richard Scruggs was well-known for his litigation against the tobacco industry, HMOs, State Farm Insurance and many others.  On June 27, 2008, he was however, sentenced to five years of prison for conspiring to pay a $50,000 bribe to Mississippi Judge Henry L. Lackey of the Third Circuit Judicial District Court in Lafayette County.  Mr. Scruggs had used attorney Timothy Balducci, as his nominee, (i.e. representative), to transfer bribe monies to Judge Lackey.  By using a nominee to transfer his bribe, Mr. Scruggs had disguised the fact that he was the source of the bribe.


Another example of how nominees are sometimes used to transfer money in judicial bribery schemes, was provided at my post  "Using Multiple Jurisdictions To Launder Money".  As that post explained, the U.S. Department of Justice filed an amended complaint alleging that Ms. Primarosa Battistella had used Swiss bank accounts and three lawyers to transfer bribe monies to judges in Italy.  According to the amended complaint at paragraphs "16" - "18", the three lawyers had essentially acted as nominees who transferred the bribes.


Mr. Scruggs and Ms. Battistella both remind me of a former client who had been a suspected member of organized crime and was indicted for tampering with a witness.  At that time, the client's relative approached me in the hallway of my office and said:  "Would it help the case if  the judge was given a cash payment?".  Disgusted, I abruptly walked away.


Copyright 2008 Fred L. Abrams

Puerto Rico's Governor & Public Corruption

Mr. Reinaldo Cestero is a private investigator and a retired Chief Deputy United States Marshal, who works in Puerto Rico.  I asked Mr. Cestero about the superseding indictment filed in U.S.A. v. Acevedo-Vila, et. al., which charged Puerto Rico's Governor Anibal Acevedo Vila, (and /or twelve co-defendants), with: conspiracy; false statements; wire fraud; federal program fraud; and filing false tax returns. 


When I inquired whether there was a prevailing view in San Juan about the Governor's indictment, Mr. Cestero answered: "The trial is supposed to start in February.  The public is split down the middle.  About half think that the Governor has been falsely accused as a result of a conspiracy between the Blue Party [Partido Nuevo Progresista] and the United States.  The other half are disgusted, and  think that the Governor is guilty of public corruption." 


The Governor's above-mentioned indictment arises from allegations that he had several businessman pay off large unreported campaign debt, in violation of 2 U.S.C. §431 et. seq., the Federal Election Campaign Act.  The first count of the superseding indictment specifically charged violations of 18 U.S.C. §371 (conspiracy);  2 U.S.C. §441a et. seq. (limitations on contributions /  expenditures); and 18 U.S.C. §§1001 (a) (1) & (a) (2) (false statements).  According to the first count, about sixteen collaborators had made illegal off-the-book campaign contributions to the Governor's political campaign committee.  The collaborators had allegedly paid false invoices issued by a media / public relations company.  The indictment further alleged that said company ultimately applied the paid invoices as credit against debt owed by the Governor's political campaign committee. 


The first count also essentially alleged that the Governor had used his family, staff and others as nominees or "conduits", to illegally make campaign contributions.  These "conduit contributions" were even sometimes allegedly made with funds from the Governor.  Count one additionally claimed that the Governor, (and/ or one of his associates), had contacted the Office of Management and Budget, the Puerto Rico Housing Department and the Puerto Rico Pension Fund, to promote the business interests of some of the conduit contributors.  Perhaps most interesting however, is that an April 28, 2008 Daily News' article indicates that the Governor is still running for re-election in Puerto Rico's November gubernatorial race-- despite the fact of his indictment.


Copyright 2008 Fred L. Abrams

A Diplomat & His Offshore Bank Account

Mr. Vladimir Kuznetsov 's October 19, 2007 criminal judgment mentions his $73,671 fine and prison sentence of 51 months for violating 18 U.S.C. § 1956 (h), conspiracy to commit money laundering.  According to a press release, Mr. Kuznetsov had conspired with Mr. Alexander Yakovlev-- a United Nations' procurement officer who was taking bribes.  The press release further explains that Mr. Kuznetsov had laundered money while he was the highest ranking Russian diplomat at the United Nations.  According to his superseding indictment, Mr. Kuznetsov had been a member of the Advisory Committee on Administrative and Budgetary Questions, which advises the United Nations' General Assembly. 


As part of Mr. Kuznetsov's laundering scheme, he had received $32,000 from Antigua via two New York financial accounts.  Most significant however, was his use of an offshore bank account at Antigua Overseas Bank Ltd. as the repository of hundreds of thousands of dollars in bribery proceeds.  Mr. Kuznetsov had opened this account in the name of his offshore company Nikal Ltd.,  which he had formed in or about 2000.  Although Mr. Kuznetsov was not finally convicted of it, his indictment had also alleged that he had structured bank deposits in violation of  31 U.S.C. § 5324.


Structuring bank deposits, (a.k.a "smurfing"), indicates an attempt  to avoid bank reporting requirements and can be a red flag of money laundering.  Other red flags of money laundering in Mr. Kuznetsov's case included his use of the offshore corporation Nikal Ltd. to open his Antigua Overseas Bank Ltd. account.  The transfer of the $32,000 from Antigua to Mr. Kuznetsov in New York was also a red flag, especially because Antigua is a tax haven / high-risk location vulnerable to money laundering.  Structuring bank deposits, forming offshore corporations, and using offshore bank accounts, are however just some of the methods used to hide assets / hinder an asset search.


Copyright 2008 Fred L. Abrams

White-Collar Crime & A Former Top Cop

With more than 90 national chapters / chapters-in-formation since its founding in 1993, Transparency International is a lead group in the fight against the global white-collar crime of public corruption.  Transparency International publishes an annual "Corruption Perception Index" which ranks countries on a scale of "1" to "10" based on the perceptions of businessman and analysts.   A country ranked as a "10" would be considered to be "highly clean"; while a rank of  "1" would indicate a "highly corrupt" country.   For example, Transparency International's 2007 Corruption Perception Index ranked Myanmar and Somalia at the very bottom of its list with a score of only "1.4".  Denmark, Finland, and New Zealand however had the highest score of "9.4".  Meanwhile, the United States was assigned a score of "7.2".

 
The Transparency International website additionally explains that corruption is "the abuse of entrusted power for private gain. It hurts everyone whose life, livelihood or happiness depends on the integrity of people in a position of authority."  Its website also describes the two distinct kinds of corruption, "according to rule" and "against the rule".   When a bribe is paid for services the bribe recipient is required by law to provide, then "according to rule" corruption has occurred.  "Against the rule" corruption has occurred when a bribe is paid for services the bribe recipient is prohibited from providing.


As has been widely reported, a corruption case was recently brought against Bernard Kerik, who formerly led the largest police department in America as New York City's 40th Police Commissioner.  According to both the U.S. Attorney and Mr. Kerik's sixteen count indictment, Mr. Kerik was the secret beneficiary of $250,000 in apartment renovations paid for by the principals of construction and waste management companies who sought contracts from New York City.  In consideration of said renovation payments, Kerik allegedly lobbied officials to award the sought after contracts.  Some of these payments are claimed to have been made even after Kerik had been sworn in as the Police Commissioner.  According to a government tax fraud chart, the U.S. Attorney has further alleged that Mr. Kerik also committed tax frauds involving at least $667,222.


As a review of Mr. Kerik's indictment reveals, Mr. Kerik is essentially charged with committing the following white-collar crimes:

Copyright 2007 Fred L. Abrams

Army Major Arrested For Money Laundering

 
According to the Washington Post, U.S. Army Major John Cockerham, his sister, and wife were all recently arrested for hiding the proceeds of the largest bribery case in Iraq by money laundering.  As the Washington Post further mentioned, Major Cockerham allegedly received $9.6 million in bribe money, (and was awaiting another 5.4 million), for giving favorable contracts to military contractors.  The Washington Post also reported the following allegations: (1) that  Major Cockerham's wife had admitted that she had deposited $800,000 of the bribe money into a Kuwaiti bank; (2) that a company known as TransOrient had, (through the persons of Mr. Ajmal and Mr. Ismail of Detroit), deposited $300,000 into a Jordanian bank as bribe money;  (3) and that investigators had in December 2006 found ledgers relevant to the bribery scheme which implicated Major Cockerham, his sister, and wife.

Based on information in the complaint and Special Agent's affidavit from the criminal prosecution, Major Cockerham and his wife each face up to twenty years and a $500,000 fine if convicted of money laundering pursuant to 18 U.S.C. §1956 (h).  The conspiracy and fraud charge, (pursuant to 18 U.S.C. § 371), is additionally punishable by  a maximum of up to five years and a fine of $250,000.  The 18 U.S.C. § 201 bribery charge against Major Cockerham also carries a penalty of up to fifteen years and a fine of $250,000.


The Special Agent's affidavit also claims that in December 2006, both Major Cockerham and his wife admitted that Mrs. Cockerham had deposited over $1 million of the bribe money in safe deposit boxes in Kuwait and Dubai.  Furthermore, the scheme to hide assets allegedly included the following shell companies: Worldwide Trading Co.; D & J Trading; Abdullah American Trading; and Triad United.  Offshore bank accounts were also allegedly established at: Abu Dhabi Commercial Bank, the Commercial Bank of Kuwait, Union National Bank in Dubai, the Sharjah Islamic Bank, and the now defunct First Curacao International Bank, N.V.  According to that same special agent, seized documents demonstrated that Major Cockerham had even opened offshore bank accounts in the Cayman Islands at Butterfield Bank (Cayman) Ltd. and the First Caribbean International Bank (Cayman) Ltd.


Assuming for the limited purposes of this blog post that all of the above is true, we can understand how the government reached its conclusion that Major Cockerham was hiding assets in a money laundering circuit.  For example, although the Cayman Islands amended anti-money laundering laws on June 1, 2007, it remains committed to a tradition of bank secrecy laws.  Major Cockerham's bank accounts in the Cayman Islands, (along with the offshore bank accounts or safe deposit boxes in Jordan, Kuwait, Dubai, Abu Dhabi, and the Dutch Antilles), suggest he was hiding assets.  His use of: offshore bank accounts; safe deposit boxes; shell corporations; and nominees like his wife would further suggest the existence of laundering links part of a money laundering circuit.  By using laundering links to make financial transfers, Major Cockerham could have easily concealed his true beneficial ownership of any bribe money.  The above criminal complaint however is not evidence of Major Cockerham's guilt; so we must therefore still presume that Major Cockerham, his wife, and any others arrested are innocent.


Copyright 2007 Fred L. Abrams