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 in Iowa according to DesMoinesRegister.Com.  The sale raises privacy concerns because it includes the transfer of personal information like social security numbers.  A recent Knoxnews.com article about a Tennessee Highway Patrol trooper who allegedly conducted unauthorized background checks, also raises privacy issues.

 

 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 guitly 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