Sunday, May 31, 2015

Accountant jailed for 'plundering' $1.6 million from elderly dementia sufferer

Accountant jailed for 'plundering' $1.6 million from elderly dementia sufferer

Updated
An accountant has been sentenced to more than seven years in jail for "plundering" the estate of an 88-year-old West Australian woman with dementia, during an extended period of criminality in which he stole more than $1.6 million.
Robert Charles Atherley was Mary Taylor Eva's accountant, the executor of her estate, her legal guardian, and had power of attorney over her affairs.
Ms Eva, who died in 2006, lived in the small Wheatbelt town of Pingelly, about 160 kilometres south-east of Perth.
Atherley, 66, had pleaded not guilty to stealing $1.3 million from Ms Eva's account between February 2002 and August 2006, and more than $312,000 between August 2006 and July 2010.
He also denied giving false testimony in the Supreme Court regarding accounting and financial planning work he did not perform for Ms Eva.
Judge Simon Stone found him guilty on all counts and today said the offending was only discovered because the beneficiaries of her will alerted authorities.
"She was a particularly vulnerable victim," Judge Stone said.

He said the offending "constituted a gross abuse of trust".
"Ms Eva was vulnerable at the time because she relied on you for professional advice, she had health issues and later suffered from dementia," Judge Stone said.
"The beneficiaries [of the estate] were vulnerable in that they were not aware you were plundering from the estate."
He said Atherley "systematically" stole the money over a long period of time, and there were 165 separate transactions involved in the theft of the first count, totalling $1.3 million.
"Your actions were deliberate and, in my view, you were motivated by greed," he said.
Atherley invested all the money into his business, which later failed.
None of the money has been recovered and Judge Stone awarded $1.6 million in compensation to the administrators of Ms Eva's estate.
Atherley's sentence has been backdated to April this year and he will be eligible for parole after five and a half years.

Family disappointed with 'light' sentence

Outside court, Ms Eva's nephew and one of the 21 beneficiaries of her will, Lindsay Eva, said he was disappointed at the sentence.
"We think it's a bit light because of the amount of money involved, the way he did it and the fact he tried to cover up what he had done by committing perjury," Mr Eva said.
He warned other people against falling prey to similar crimes.
"You shouldn't appoint your accountant as your sole executor because there's no check," he said.
Mr Eva welcomed moves by Atherley's legal team to appeal against the sentence.
"I think that would probably would help the situation, as far as we're concerned," he said.
"We feel we've had a longer sentence than what he's getting. The amount of time we've put in personally.
"What we'd really like to know is where our money went to, we don't entirely believe what he said."
First posted

Saturday, May 30, 2015

Elderly victim scammed out of more than $8 million in charity fraud, police say

Editor's note: This Shark wonders if the Canadian tribal bank used by the criminal judges and lawyers operating within the Probate Court of Cook County was also used by Joe Edison?  Lucius Verenus, Schoolmaster, ProbateSharks.com

Elderly victim scammed out of more than $8 million in charity fraud, police say

Joseph Edison, also known as Joseph Edison Fernando, 66, of Calgary, has been charged along with two other Calgarians in a multi-million dollar fraud investigation between December 2014 and May 2015. Investigators believe other people may have had financial dealings with the man, who goes by multiple aliases.  Courtesy Calgary Police Service / Calgary Herald

Various fake charities were used by a man known in Calgary’s charitable community to bilk an elderly victim of $8 million over 15 years, say police.

Three Calgarians have been charged as part of an ongoing fraud investigation, which police say may be connected to an international crime ring.

“Something of this scope suggests connections across the world,” said Staff Sgt. Kristie Verheul of the Calgary Police Service’s economic crimes unit. “I would compare this case to a Pandora’s box.”

Calgary police allege the main suspect used fake charities as a front to persuade the victim to invest large quantities of money, which the victim believed was guaranteed through various international means and had a high rate of return on investment. They began investigating in December 2014.

Police say the culprit had the investor pay large sums of money to have the funds released from holdings. It’s believed the money was actually funnelled through the charities to international accounts. The victim lost $8 million over 15 years.

Two people were charged, a third remains outstanding on warrants, and a fourth was arrested and later released, although police continue to investigate her involvement with the case. All involved live in Calgary.

Karatbars of gold confiscated by police in $8M fraud investigation.

Joseph Edison, also known as Joseph Edison Fernando, 66, was charged with fraud over $5,000, theft over $5,000 and forgery. Police say he is suspected to be the main individual behind the alleged crimes and goes by multiple aliases.

Stefanie Haase-Fernando, 37, was charged with fraud over $5,000 and theft over $5,000.

Warrants have been issued for Anshul Edison Fernando, 39, for fraud over $5,000 and theft over $5,000.

Joseph Edison is the father of Anshul Edison Fernando, who is married to Haase-Fernando. Facebook profiles appearing to belong to the couple suggest they have a young son.

Calls to numbers listed for Joseph Edison’s wife, Swati Edison, were not answered.

The economic crimes unit believes that Joseph Edison was introduced to the victim and struck up a friendship with him.

“That relationship was abused,” said Verheul.

Investigators believe the following charities were used to defraud the victim, all of which police say were determined to be fraudulent and not registered with the Canada Revenue Agency:
  • Humanitarian Foundation of Canada;
  • World Job and Food Bank;
  • Canadian Organization for International Development Strategies Foundation;
  • Lepidoptera Inc.;
  • Antennae Inc.;
  • Calgary Community Outreach Services Society
Phone calls to all organizations except Lepidoptera Inc., for which a number wasn’t found, were unanswered. Some lines were disconnected. Others went straight to voicemail.

No organization with the name Lepidoptera Inc. could be found, although two similarly named charities appear to be located in California and Florida, respectively.

The Humanitarian Foundation of Canada and the World Job and Food Bank are both on a 2008 United Nations list of organizations with special consultative status. A spokesman for the UN was not immediately available for comment.

Foreign currencies confiscated in $8 million fraud investigation.Calgary Police Service / Calgary Herald

The voicemail recording for the number listed on the Antennae Inc. website, which says it is a butterfly specimen retailer, redirected callers to a phone number identified as belonging to “Anshul.” The person answering that number refused to identify himself and denied that Antennae Inc. is connected to any of the three charged in connection with the fraud. When asked if he was Anshul Edison Fernando, he hung up.

On Wednesday, officers executed search warrants at two residences and one business at the following locations:
  • 4400 block of 49 Street S.W.;
  • 1800 block of 9 Street S.W.;
  • 600 block of 4 Avenue S.W. (business);
Officers seized what police say turned out to be three vans’ worth of property and evidence, including the following items:
  • Forged bank and government documents;
  • Fraudulent documents for investment accounts;
  • Pyramid scheme accounts;
  • $65,000 worth of gold;
  • 10 computers;
  • Banking records and account ledgers;
  • Safe deposit box keys;
  • Stamps bearing the logos of the charities and foreign financial institutions;
Some of the documents were letters forged to appear like they came from the White House, the U.S. House of Representatives and Air Force One. Others were requests for or receipts of payment to the charities connected with the investigation.

The gold was found in the form of Karatbars, which are small amounts of precious metals embedded into credit card-sized pieces of plastic. Police say this is a well-known Ponzi scheme from Europe, and it’s hard to charge anyone in connection with it because the metals are genuine. Anshul Edison Fernando’s Facebook profile lists him as a “gold director” at Karatbars.

As a result of finding safe deposit box keys, police executed an additional search warrant on Thursday, and discovered silver, jewels, coins and various other types of currencies.
The gems had not yet been appraised, so their authenticity could not be verified. The silver was in bar and Karatbar form.

The currency, which had not been counted, included tender from Canada, Japan, Turkey, Iraq, India, Gambia, Germany and Lithuania, among others.

In addition, police are reviewing the Calgary Community Outreach Services Society, which lists the Calgary Police Service as a supporter, although the service says it has had no formal involvement with the organization or its representatives for a number of years.

The Herald covered Joseph Edison’s work with the World Job and Food Bank following the December 2004 tsunami in south Asia, when he provided photos of an earlier event to several Calgarian media outlets, claiming they were recent. He was working alongside the mayor at the time, Dave Bronconnier, on a disaster relief week for the victims of the tsunami.

At the time of the controversy, the Herald wrote that Edison and his organizations had been scrutinized before for misuse of funds, poor planning, late payments and failure to obtain proper endorsement from agencies it claimed to support. Though they did set up aid programs worldwide, they also faced over a dozen lawsuits relating to alleged failed enterprises. The claims were never proven, and Edison denied they were true.

None of the suspects in the investigation have prior criminal records, but police say they have found no evidence of their involvement in any legitimate business activities. Further charges could be laid as the investigation continues.

Various law enforcement agencies in United States and Canada assisted with the case, including the FBI, the Department of Homeland Security, the Secret Service, the RCMP, the Canada Revenue Agency and border services from both countries. Other organizations and banking institutions were also involved.

Investigators believe there may be more related scams and victims, and urge anyone with information to contact police.

Full Article & Source:
Elderly victim scammed out of more than $8 million in charity fraud, police say

Jury sides against Wells Fargo, awards St. Louis County woman $77 million

Jury sides against Wells Fargo, awards St. Louis County woman $77 million (MO)

A St. Louis County jury has awarded an Olivette woman $77 million in a lawsuit that accused Wells Fargo of mismanaging family trusts.
The award, announced late Monday, is believed to be the largest plaintiff verdict in St. Louis County history.
Barbara Burton Morriss, 78, sued the San Francisco-based bank in March 2012 in St. Louis County Circuit Court, alleging that the bank breached its fiduciary duty by failing to fully disclose financial transactions in two family trusts that were drained of millions of dollars.
She only learned of the losses in late 2011, when her credit card was declined at Neiman Marcus, according to court documents.
Morriss’ son, venture capitalist B. Douglas Morriss, was sentenced to five years in federal prison for tax evasion in 2013. Through his Clayton-based Acartha Group and other companies, B. Douglas Morriss and partners raised tens of millions of dollars in private equity and venture capital funds until the companies he led filed for bankruptcy in January 2012, listing more than $35 million in debts.
Barbara Burton Morriss was a beneficiary and co-trustee on both of the family trusts with her son. In her lawsuit, she alleged funds of the trusts were wrongfully pledged as collateral in risky business ventures, and she only learned this after the U.S. Securities and Exchange Commission accused her son of defrauding investors in civil charges in January 2012.
“Wells Fargo and Doug Morriss were closely aligned in a scheme to defraud the trusts,” she alleged in court documents, adding that Wells Fargo received more than $12 million in interest, loan fees, trust fees and custody fees tied to its participation in the trusts. Both her son and Wells Fargo “concealed their conduct from Barbara Morriss year after year until almost all of the trust assets were gone,” the court filing continues.
A member of a prominent local family, Barbara Burton Morriss was married to Reuben Morriss III, a former chairman of Boatmen’s Trust Co. who died in 2006.
Former U.S. Sen. John Danforth, an attorney and family friend of the Morrisses, testified at trial that he urged Barbara Burton Morriss to pursue the case against Wells Fargo.
Wells Fargo argued it should not be held liable for any losses of the Morriss trust, the plaintiff’s personal trust, because it and predecessor banks Offitbank and Wachovia were never trustees, but merely custodians for the portion of trust assets held at the bank. Offitbank merged with Wachovia in 1999 and Wells Fargo bought Wachovia in 2008.
“Plaintiff complains that her son and co-trustee, B. Douglas Morriss, converted various stocks held by the Morriss Trust to cash, that trust assets were pledged for a line of credit in her son’s name, and that the line of credit was used to make ‘risky investments’ in private equity companies,” Wells Fargo wrote in a motion for summary judgment. “But there is no evidence that any of these activities were improper in any way. … The Morriss Trust, as a revocable trust, is essentially just Plaintiff’s own money, and she is entitled to use it however she pleases.”
The jury’s award represents $45 million in actual damages and about $32 million in punitive damages related to the Morriss Trust. A hearing on damages related to a second trust, called the Burton Trust, is expected to be held in the coming weeks. In the second trust dispute, Barbara Burton Morriss is seeking to recoup more than $20 million.
Monday’s $77 million award appears to be the largest in St. Louis County history. In 2011, a St. Louis County jury awarded $48.4 million to biofuels ethanol company Abengoa Bioenergy, which sued Chicago Title Insurance Co. for negligence. That verdict, at the time, was described by lawyers in the case as the county’s largest.
“We think that the jury ruled for Mrs. Morriss because the evidence demonstrated the bank failed to live up to the most basic obligation to take care and safe-keep the assets of the trust that were placed with the bank,” said her attorney Jim Bennett, a partner with Clayton law firm Dowd Bennett.
Through her attorney, Barbara Burton Morriss declined to be interviewed, but said in an emailed statement: “I am very happy that we have a system that allows people to bring their claims to the courts to be heard by a jury and appreciate very much that these 12 people gave up their time from their jobs and families to come and listen to the evidence so closely.”
Thompson Coburn attorney David Wells, who represented Wells Fargo in the case, declined to say whether Wells Fargo will appeal the verdict.
“We are disappointed with the verdict and will be considering all of our legal options as we move forward,” Wells Fargo spokesman Vince Scanlon said in an emailed statement.
Robert Patrick of the Post-Dispatch contributed to this report.
Attribution:
Jury sides against Wells Fargo, awards St. Louis County woman $77 million
Lisa Brown
May 12, 2015
St. Louis Post-Dispatch
http://www.stltoday.com/business/local/jury-sides-against-wells-fargo-awards-st-louis-county-woman/article_e9375416-cc06-5cd7-a99c-e97a5a64153d.html

Friday, May 29, 2015

Ex-US Speaker indicted over $3.5 million in payments

Editor's note:  "...and the beat goes on..." Lucius Verenus, Schoolmaster, ProbateSharks.com

Ex-US Speaker indicted over $3.5 million in payments

Associated Press 
CHICAGO (AP) — Former U.S. House Speaker Dennis Hastert agreed to pay $3.5 million in hush money to keep a person from the town where he was a longtime high school teacher silent about "prior misconduct" by the Illinois Republican who once was second in line to the U.S. presidency, according to a federal grand jury indictment handed down Thursday.
The indictment, which doesn't describe the alleged misconduct by Hastert, charges the 73-year-old with one count of evading bank regulations by withdrawing $952,000 in increments of less than $10,000 to skirt reporting requirements. He also is charged with one count of lying to the FBI about the reason for the unusual withdrawals.
Each count of the indictment carries a maximum penalty of five years in prison and a $250,000 fine.
Hastert did not return email and phone messages from The Associated Press seeking comment on the allegations. Hastert, who had worked as a lobbyist in Washington, D.C., since shortly after he left Congress in 2007, resigned from Dickstein Shapiro LLC, a spokesman for the lobbying and law firm said Thursday.
The indictment alleges Hastert withdrew a total of around $1.7 million in cash from various bank accounts from 2010 to 2014, then provided the money to a person identified in the indictment only as "Individual A." Hastert allegedly agreed to pay the person $3.5 million, but never apparently paid that full amount.
It notes that Hastert was a high school teacher and coach from 1965 to 1981 in suburban Yorkville, about 50 miles west of Chicago. While the indictment says Individual A has been a resident of Yorkville and has known Hastert most of Individual A's life, it doesn't describe their relationship.
The indictment says Hastert agreed to the payments after multiple meetings in 2010. It says that "during at least one of the meetings, Individual A and defendant discussed past misconduct by defendant against Individual A that had occurred years earlier" and Hastert agreed to pay $3.5 million "in order to compensate for and conceal his prior misconduct against Individual A."
The indictment says that between 2010 and 2012 Hastert made 15 cash withdrawals of $50,000 from bank accounts at Old Second Bank, People's State Bank and Castle Bank and gave cash to Individual A around every six weeks.
Around April 2012, bank officials began questioning Hastert about the withdrawals, and starting in July of that year, Hastert reduced the amounts he withdrew at a time to less than $10,000 — apparently so they would not run afoul of a regulation designed to stop illicit activity such as money laundering, according to the indictment.
Among the focuses of the FBI investigation was whether Hastert, in the words of the indictment, was "the victim of a criminal extortion related to, among other matters, his prior positions in government." The court document does not elaborate.
Legal experts said extortion cases can be tricky.
In mulling over whom to charge, prosecutors often must decide who is the greater victim: the person being extorted or the person doing the extorting, said Chicago-based attorney and former federal prosecutor Phil Turner.
Jeff Cramer, a former federal prosecutor and head of the Chicago office of the investigation firm Kroll, said investigators could have concluded Hastert's alleged misconduct was "more egregious than the extortion."
Investigators questioned Hastert on Dec. 8, 2014, and he lied about why he had been withdrawing so much money at a time, the indictment alleges. He told investigators he did it because he didn't trust the banking system, the indictment says.
"Yeah ... I kept the cash. That's what I am doing," it quotes Hastert as saying.
Hastert, who also maintains a home in the Chicago suburb of Plano several miles northwest of Yorkville, was a little-known lawmaker from suburban Chicago when chosen to succeed conservative Newt Gingrich as speaker. Hastert was picked after favored Louisiana Rep. Bob Livingston resigned following his admission of several sexual affairs.
As speaker, Hastert pushed President George W. Bush's legislative agenda, helping pass a massive tax cut and expanding Medicare prescription drug benefits.
He retired from Congress in 2007 after eight years as speaker, making him the longest-serving Republican House speaker. He was second in line to the presidency during those years after the vice president.
David Corwin of Yorkville said his son, Scott, wrestled for Hastert in high school, then later became a wrestling coach himself.
"You won't get anyone to say anything bad about him out here," said David Corwin. "Everybody loved him. The kids loved him, and they still do."
Illinois has a long history of politicians getting in legal trouble.
Former U.S. Rep. Jesse Jackson Jr. served a year and a half for illegally spending $750,000 in campaign funds on furs, vacations and other luxury items. Two successive governors in the 2000s, Republican George Ryan and Democrat Rod Blagojevich, were convicted on corruption charges.
In the Hastert case, it's not clear whether the money was paid in relation to his former position in government. Hastert started making the payments to the person in about 2010, according to the indictment.
Reached by telephone after the announcement, former Gov. Ryan described Hastert as an effective legislator.
"I'm just surprised if this is true," said Ryan, who has lived in Kankakee, Illinois, since his release from prison.
A spokesman for Bush declined Thursday to comment on the charges against Hastert.
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AP writers Kerry Lester in Springfield, Illinois, and Don Babwin and Sophie Tareen in Chicago contributed to this report.
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Follow Michael Tarm on Twitter at http://twitter.com/mtarm
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The indictment: https://www.documentcloud.org/documents/2089692-hastert-indictment-final.html