Identify the affected party in the case. (internal and external parties and consequences)
Internal party
Barry Minkow
A federal grand jury indicted Minkow and ten other ZZZZ Best insiders on 54 counts of racketeering, securities fraud, money laundering, embezzlement, mail fraud, tax evasion, and bank fraud in January 1988. In his indictment, Minkow is accused of draining his company of assets while bilking banks and investors. Additionally, Minkow has been accused of setting up false companies, writing false invoices, and conducting fake restoration tours. Approximately 90 percent of the company's revenue was fraudulent, according to prosecutors (Murphy, Kim; Miller, Alan C, 1988). A superseding indictment was won by prosecutors on June
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Padgett
Thomas G. Padgett, a spokesman for white supremacist causes who met Minkow, who is Jewish, while lifting weights in a San Fernando Valley gym, admitted to running a sham appraisal company created to handle phony cleanup jobs and to convincing an army of bankers, accountants, and lawyers that the jobs were genuine.
The ZZZZ Best operation resulted in total losses that "easily exceed" $70 million, according to Assistant U.S. Atty. James R. Asperger, who assisted Padgett, whom prosecutors have placed in the "second tier of culpability" among the 12 people indicted in the case.
"In a classic con artist's sting, Padgett met with investors, bankers, lawyers, accountants, underwriters, and others," Asperger wrote in a court memorandum.
"I don't think Barry Minkow could have started without Mr. Padgett's willingness to lie and verify fictitious restoration jobs," the prosecutor continued.
Padgett, a Westchester resident, pleaded guilty to four counts of securities fraud, bank fraud, and mail fraud in connection with the phony insurance restoration scheme in February.
Padgett's attorney, Raul Ayala, said his client is sorry for his part in the scheme and has worked closely with the FBI, providing a detailed account of the fraud and what led up to
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An appellate court ruled neither Ernst nor its partner was liable to Union Bank of California (American Institute of CPAs, 1991).
ZZZZ Best's financial statements for the three months ending July 31, 1986, were audited by Ernst & Whinney. A preliminary prospectus for Z Best's $100 million stock offering included a draft copy of this review report. Union said it extended credit to ZZZZ Best based on its preliminary prospectus, Ernst's oral representations about ZZZZ Best's growth, and Z Best's professional reputation.
It was Ernst & Whinney's unprofessional attitude toward the ZZZZ Best audit that damaged the company's reputation.
Accounting and auditing firm
The scandal's consequences would primarily be a professional embarrassment for auditing and accounting firms. The American Institute of Certified Public Accountants quickly altered the auditing standards of the accounting profession in the United States, prompting auditors to become more proactive in combating fraud.
The shareholders
In this case, the shareholders did receive a $35 million settlement from Ernst & Whinney, the firm's auditors (Dr. Matthew Partridge,
A case that has both civil and criminal ramifications is Peterson v. Therma Builders, INC in which Roxann Peterson was the office manager and bookkeeper for Therma Builders, INC. She stole company funds and was faced with both criminal charges and a civil lawsuit by Therma Builders. The defendant, Peterson, moved for a stay of the civil case until resolution of the criminal case. The civil court judge decided to stay the civil case until the employee was either convicted or acquitted. During March 2002, Peterson faced a criminal charge with one count of scheming to defraud and obtaining property in an amount of $50,000 or more.
The indictment alleges that $1.1 million dollars were in bank accounts that were seized in 2005. However, the government forfeiture documents filed in Court allege that only $159,000 and only $57.95 were in those accounts. The grand jury considered inaccurate information to issue an indictment. The information fails to substantiate the “substantial income” element under 21 U.S.C. § 848 of the CCE statute. Alternatively, funds were removed from these accounts before the Court authorized forfeitures.
On November 2, 2017, United States District Judge Marvin J. Garbis in Baltimore, Maryland sentenced Tara Kathleen Whyte, age 30, of Hollywood, Florida, and Gambrills, Maryland to 54 months in federal prison for bank fraud conspiracy and aggravated identity theft stemming from a banking scheme involving over $1 million in losses. Judge Garbis also ordered Whyte pay restitution in the amount of $77,422.06 (The Bay Net, 2017). Whyte was one of 13 members of a nationwide group of fraudsters known as the “Felony Lane Gang.” These individuals traveled from Florida to Maryland and other states broke into vehicles parked at recreation areas, sports fields, gyms, fitness centers, and other locations, and stole wallets, purses and other items left
While the main focus of the case is the owner, the article briefly mentions that four of the owner's employees conspired along with him, and that they all had pleaded guilty whereas the owner elected to settle the claims against him in court. After working through the language of the court case, I was
Motivated by greed and finally caught by his own lies, Kevin Trudeau was sentenced to no less than ten years in prison by Judge Guzman of the United States District Court of the Northern District of Illinois by court case number 10CR 886 . In fact, the well-known TV pitchman was finally arrested after spans of deception. “That doesn’t happen by accident, and it doesn’t happen by noble intentions,” the judge said. “It’s a reflection of a person’s character.” Character is used to evaluate and demonstrates the creditworthiness of our business following other certain protocols which is used as a portion of our credit analysis.
COMES NOW R. Mark Armstrong, pro se (“Plaintiff”), and hereby files a Complaint and Demand for Jury Trial. The causes of action include but are not limited to: 1) Qua Tam (Claims A, B and C) Federal Water Pollution Control Act (FWPCA) (1972) [33 U.S.C. § 1367] : Solid Waste Disposal Act (SWDA) (1976) [42 U.S.C. § 6971] : FCA, 31 U.S.C. 3730(b)-(g) 2)Racketeer Influenced and Corrupt Organizations Act (“RICO”) 18 U.S.C. §1961 et seq., 3) Due Process and Equal Protection Clauses 42 U.S.C. Section 1983 (Claim A) First Amendment as controlled by Garcetti_v._Ceballos Violations, (Claim B) Fourteenth Amendment Violations, 4) Retaliation under 31 U.S.C. § 3730(h), 5) Intentional infliction of emotional distress, for prima facie tort Tortuous Breach of Implied Covenant
Five months later, Joe was charged with seven counts of faking Mandy Nichols signature. The account was in Mandy’s name due to the fact that no bank within a hundred miles would let Joe open up an account. The seven checks totaled to be one thousand one hundred ninety three dollars and forty two cents. Joe pointed out that five of the checks were for business purposes but couldn’t explain why the two largest checks were made out to cash. He pleaded guilty and was sentenced to two years of probation and had one year to pay back all the money or he would serve his sentence in jail.
Will Allen a former Miami Dolphins cornerback was charged by the US Attorney for the District of Massachusetts for running a $32 million Ponzi scheme involving professional athletes. Allen and his co-conspirator Susan Daub were indicted on 12 counts of wire fraud, one count of conspiracy to commit wire fraud and six counts of identity theft. Allen and Daub were also charged with money laundering, four counts for Allen and one for Daub. The scheme involved a private lending firm managed by Allen and Daub and used to advertise private short-term loans to professional athletes.
The fraud triangle is made up by three distinguished elements. These elements in the fraud triangle consist of pressure, opportunity, and rationalization. The overall representation of the fraud triangle can be seen as the specific model to spot any type of high-risk unethical and fraudulent performances being conducted by a company, in this case Cendant Corporation. Cedant Corporations actions can be analyzed by the fraud triangle by the way that their senior management/top management decisions fell into the three categories of pressure, rationalization, and opportunity. Cendant Corporation had the pressure to comply with their shareholders and to maintain a stable financial status to prove that they were a profitable organization with a bright company image.
In this article, the FBI recounts its multiple run-ins with John Gotti, a famed New York Mobster. Soon after his rise to power as head of the Gambino Crime Family, the FBI began gaining incriminating evidence against Gotti through wiretaps, mob informants, and undercover agents. Finally, after the murder of Paul Castellano, Gotti’s associate “Sammy the Bull” Gravano cooperated with the FBI, leading to Gotti’s arrest. On April 2, 1992, Gotti was convicted on 13 counts, including the murder of Castellano, racketeering, extortion, jury tampering, and other crimes.
“Ponzi Scheme” was a term that was named after a criminal from the 1920s named Charles Ponzi who persuaded the investors to direct their investment in one of the most complex price arbitrage scheme that involved postage stamps (Cantoni 24). A Ponzi scheme makes use of the investments funds from new customers to facilitate the payment of the purported returns or profit to the existing investors. The perpetrators of such schemes can keep the losses incurred hidden from their clients through issuing of false trade confirmations or account statements which bolster the performance of the accounts with the hope to solicit new investments funds from the clients. Facts and Circumstances of the Case In December 2008, Bernard Madoff presented a revelation the arm that was concerned with the management of assets in his company was a big lie.
Actions which were taken by the company to cover unethical behavior of bribery and
Bernard Madoff was a stockbroker who used his own investment company to run a multibillion-dollar Ponzi scheme. It was a family run business that his father in law, a retired CPA, helped him start up. On December 10, 2008, Madoff’s sons found out about this scheme and reported their father to the police. The next day, Bernard Madoff was arrested and charged with securities fraud. While Madoff is not the first person to create a Ponzi scheme – and unfortunately not the last – his accrued the most money in the entire history of Ponzi schemes.
The company pursued the wrong person after been told serval times by the defendant. The defendant was awarded 83 million dollars. PRA Group is proceeding back through the court system working on getting the ruling overturned (Margolies, 2015). This lawsuit was legal and ethical however it could be deemed as legal and unethical.
Due to lack of professional judgment utilized and the highly detailed rule-based standards, many entities responded with using deceptive accounting methods in attempt to circumvent specific rules in accounting standards. For example, rules-based standards are widely considered as a major factor in enabling Enron to circumvent the intention of the standard. Arguments against the rules-based standards stated that the standards “fostered a culture of noncompliance”, in which enabled opportunities for Enron’s top management and auditors to report fraudulent misstatements, including deceptive accounting techniques among Enron and Special Purpose Entities (SPEs) (Bratton, p.14). Specifically, due to the rules-based standards not providing clear and easily interpretive standards regarding SPEs, top management of Enron had an easy opportunity to overstate earnings. Enron applied the bright line consolidation rule listed under the rule-based standards, which allowed Enron to not consolidate those SPEs, even though they consisted of major business risks that would have been financially detrimental to Enron (Bratton,