Fraud Prevention and Passwords – sometimes the best offense is the easiest defense!

May 31, 2010

As a business ethics and fraud prevention speaker and author, I find that, nearly every week, someone connected with me has their account hacked and the messages that are sent – well let’s put it this way – they aren’t what they would send.  Adult Friend Finder, Viagra, Canadian drug stores – you name it – the hackers seem to be enamored with using someone else’s Facebook account or email to promote their product or service using your good name.

As an Apple computer user the following was shared related to the common hacking problem that many face.  Take a read and let’s understand the benefit of simple information that can protect your account and your Facebook friends!

Reader Deb Ward is the victim of an increasingly common scam. She writes:

I have a MobileMe account that I believe was hacked. First a message was sent to everyone in my .mac email address book that I was in the UK, held up at gun point, stranded, and to please send money. Then, the hacker was able to get into my .mac account and have my emails forwarded to a Yahoo account! How can this happen? How do I protect my email accounts? And how do I protect the rest of the information on my computers?

While this kind of thing isn’t as common as advance fee fraud (typical of the Nigerian royalty wheeze that’s been around for years), it’s a scam that’s become popular in the past few months. It works this way:

The scammers obtain account addresses (not just from the MobileMe service but other providers as well such as Hotmail, Google, and AOL). They then use computer scripts to generate passwords—using words commonly found in the dictionary—and work through these passwords in the hope of finding one that lets them in. When a working password is found, they go about the nefarious business of grabbing your contacts from the host service and sending out the kind of message that your contacts received. Depending on the service, they can also have messages forwarded to a different account.

COMMENT: I can’t begin to tell you how many FB friends have fallen prey to this “London robbing” scam.  Facts are – when you receive a chat comment or email from a friend announcing their robbery – the initial damage is done.  Now if this come via Facebook chat – my recommendation is (1) keep the chat going.  Express your concern and keep a dialogue while (2) opening another browser and going to Facebook to report the activity.  I have found in doing that – that the folks at Facebook are quick to disable the account thereby eliminating the perpetrator from continuing to scam friends who might be shocked into monetary submission.

Your best hope is that those you associate with are smart enough to ignore this obvious bit of phoniness or, at the very least, check with you to be sure that the message is legitimate. On the other hand, those who do pungle up the dough can be counted as extra special (though pretty gullible) friends. Please treat them gently.

As for protection, Protection Tip Number One is to use a password that can’t be easily guessed. If it’s in the dictionary, it’s a bad password. If it’s in the dictionary and you’ve appended a couple of significant numbers after it—your birthday or age—it’s still a bad password. If it’s a pattern of characters on your keyboard—adgjl’, for example, it’s a bad password. If it’s eight characters or less, it’s possibly an okay password, but not a great one.

Protection Tip Number Two is to not use the same password for everything you do. If you unlock your e-mail, Apple ID, Amazon account, Mac administrator’s password, and bank account with that single password, imagine the havoc that results when it’s cracked.

COMMENT:  Excellent suggestion.  While I admit I like to keep the passwords simple for me to remember, it makes sense to have three or so that you use so that in the worst of circumstances one password does not open your entire world up to hackers!

There are a variety of strategies for creating and remembering passwords. People often substitute characters for letters—$ for S, @ for A, and ! for L. Others remove vowels—grtbllsffre1957, for a Jerry Lee Lewis fan, for example. Others still write random strings of nonsense, write down those strings, plunk the passwords into their Mac’s keychain, and lock the written passwords in a safe place should they need them. (These are people who have complete control over their computer—the one in their home, not in the office.)

Because I have a brain like a sieve, I use Agile Web Solutions’ $40 1Password. Not only can it keep track of all the passwords in your life, it can also generate them. Like so:

1Password’s password generator

When you come to a website you need a password for, select the password field, click and hold on the 1Password button that appears in your browser, and choose Strong Password Generator. In the sheet that appears the title of the site should appear along with its location. Use the Length slider to choose a length for your password (the longer the better) and click Fill. 1Password will fill in the password field with the password it just generated. It will later prompt you to save the login information for that site—your username and password. When you next visit, you can ask 1Password to fill in this information for you.

If you lack the inspiration to create a password for some other kind of account—your e-mail account, for example—1Password can help there too. Just launch the program, choose Go -> Generated Passwords, click the Plus (+) button at the bottom of the second column, and use a procedure similar to the one I just described to create a new password. 1Password will remember this one as well.

FINAL THOUGHTS:  If creating a simple but effective password can save your bank account, credit card information, Facebook account and email – then it makes sense to take the steps necessary to protect yourself.  After all the best defense is a good offense and creating an effective password is OFFENSIVE RULE #1.


Kenneth Starr – Financial Adviser – Charged in Ponzi Scheme! How do the Rich and Famous get caught in the Ponzi scheme trap?

May 31, 2010

A $30 million Ponzi scheme…seems like small potatoes in comparison to the Madoff disaster, but to Kenneth Starr’s clients it could be their financial world. Starr is head of New York-based Starr and Co. and Starr Investment Advisors LLC, an asset management and financial planning company for high net-worth and celebrity clients.

Scammed clients include Wesley Snipes (of course he has his own set of problems), Martin Scorsese, Caroline Kennedy, Annie Leibovitz and Sylvester Stallone. Read more: http://www.nydailynews.com/news/ny_crime/2010/05/27/2010-05-27_financial_whiz_busted_for_dupping_celebs_such_as_wesley_snipes_martin_scorsese_i.html#ixzz0pXN7cOuk

So, again, how does one become a victim on a Ponzi scheme?  Three components: Promise, Illusion and Trust, or as I put it – “They fall into the PIT“.

“He [Starr] used his access to famous and powerful clients to burnish an image of trustworthiness, inducing them to entrust him with management and control of their financial affairs,” said Preet Bharara, U.S. attorney for the Southern District of New York, at a news conference.

Charged with money laundering, investment adviser fraud and wire fraud, Kenneth Starr, 66, was ordered held without bail until a June 10 pretrial hearing.  Telling the court that Starr attempted to evade arrest by hiding from federal agents. Prosecutors say Starr’s wife told agents he wasn’t home and when they encountered his 12-year-old son at the top of the stairs, he, too, said his father was not home. But, prosecutors said, the agents found Starr “cowering in a closet.”

According to a CNN report,  “Andrew Stein, the former president of the New York City Council who was alleged to have been a recipient of some of Starr’s schemes, was also arrested Thursday morning. He was charged with making false statements to the Internal Revenue Service and federal officers. Stein was released on a $250,000 co-signed bond and ordered back to court June 28.”

“In some cases, he assumed total control over his clients’ financial lives by collecting their earnings, investing their savings and even paying their bills. But as we allege, much of it was a mirage,” he said.

So how did he defraud his clients?  According to Government claims, he solicited money “to invest in what he purported to be sure deals” but diverted all or some of the money to himself or to other investments in which he, his wife and/or close associates held financial interests.  Here’s where the Illusion comes into play!  Reports also states that, “Starr used direct control over his clients’ assets to transfer funds to himself, his family and/or associates, then transferred money from one client to another when a client requested a payment Starr could not meet.”

According to the complaint, Starr defrauded a wealthy jeweler and his wife of nearly $14 million in either bogus or high risk investments. Almost all of that $14 million remains unaccounted for.  Likewise, Starr, according to the government complaint,  used nearly $6 million of a nearly 100-year-old heiress’ money, without authorization, to buy a $7.5 million condominium for himself.  Prosecutors also allege that Starr transferred $1 million from the account of “an actress with whom he had a long-standing and close relationship” to another associate. When the actress noticed the transfer and inquired about it, he provided inconsistent answers and eventually returned the money to her account — but from the account of another client, a former talent agency executive and his wife.

Beyond his alleged Ponzi scheme, investigators said Stein, 65, owed more than $2 million in taxes and that he allegedly lied to the IRS about assets he had moved and hidden from scrutiny.  “Andrew Stein, a once prominent figure in New York politics, allegedly took steps to shield his income expenditures from scrutiny,” said IRS agent Patty Haynes.

The arrests come nearly a year after Bernard Madoff was convicted of conducting the largest Ponzi scheme in history, defrauding investors out of $50 billion.

He added, “If a deal sounds too good to be true, it probably is, and if someone is pretending to have the Midas touch, he’s probably just selling you fool’s gold.”

Promise – Illusion and Trust – the three components of what causes an otherwise smart person to become prey to a Ponzi scheme.


Kwame Kilpatrick sent packing to Prison – Choices and Consequences! Comments by Business Ethics Speaker Chuck Gallagher

May 26, 2010

Back in 2008 I wrote a series of reports on the actions of Kwame Kilpatrick – former mayor of Detroit.  At the time, it seemed clear to all concerned that Kilpatrick was in serious trouble for his actions while Mayor.  For background information – just in case you are unaware – read the following entries:

http://chuckgallagher.wordpress.com/2008/10/28/lying-prison-detroit-mayor-kwame-kilpatrick-sentenced-to-prison/

http://chuckgallagher.wordpress.com/2008/03/25/detroit-mayor-kwame-kilpatrick-and-christine-beatty-plead-not-guilty-to-perjury/

http://chuckgallagher.wordpress.com/2008/01/27/detroit-mayors-affair-costs-city-9-million-choice-and-consequences-ethics-speaker-chuck-gallagher-comments/

Looks like Mr. Kilpatrick’s worst nightmare has come true.  PRISON!  Yep…you got it.  Found guilty in April of violating his probation by failing to report assets that could be used to pay restitution, Kilpatrick was sentenced by Wayne County, Michigan, Judge David Groner to a minimum of 5 years in prison.  Kilpatrick must serve a minimum of a year and a half, minus 120 days credit for time served.

Kilpatrick plead guilty back in September 2008 to two felony counts of obstruction of justice stemming from his efforts to cover up an extramarital affair. He also plead no contest to charges of assaulting a police officer attempting to serve a subpoena on a Kilpatrick friend in that case.  He was ordered to pay $1 million in restitution as part of his original plea deal.

Not long after I left this bustling community – Southlake, TX – Kilpatrick was reported to have relocated there.  For those who are unfamiliar Southlake is a very upscale community that, well lets put it this way, requires reasonable income to survive.  So a fair question is – how could Kilpatrick afford Southlake and effectively pay $1 million in restitution?

Answer!  He couldn’t.

According to a CNN report:

On April 20, Groner ruled that Kilpatrick had violated probation by failing to turn over his tax return. The judge noted that Kilpatrick had just made a payment of $3,000 on his restitution bill.

“That’s $3,000 more for the city of Detroit, and I bet he makes another $3,000 payment next month,” Groner said then.

“Let’s get the money if we can. If I put him in jail, it’s your tax dollars, Wayne County, and if he’s in jail, the county doesn’t get that money.”

Kilpatrick still needs to pay $860,000 in restitution as a condition of parole.

Soon after Tuesday’s ruling, Kilpatrick’s employer fired him from his six-figure sales job in the Dallas-Fort Worth area.

Kilpatrick must serve a minimum of a year and a half, minus 120 days credit for time served.  Guess during that time Kilpatrick will have reflection time to discover how and when he will begin the massive job of meeting his parole terms.

Every choice has a consequence and it seems that Kilpatrick is – again – getting a taste of consequences more clearly so that perhaps he’ll make more empowering choices moving forward.


Ignored by Maria Bartiromo and the main stream media at CNBC related to the BizRadio – Dan Frishberg interview request – Why?

May 20, 2010

First, I’m a fan of Maria Bartiromo and respect the body of work that she’s done.  Out of that respect I contacted Ms. Bartiromo (Maria) to see if she would be willing to talk with me about the process by which guests are selected for CNBC’s Closing Bell and what happens when you find out that a guest – in this case Daniel Frishberg – is the subject of an investigation by the SEC?

Now…I am smart enough to recognize that I am not part of the main stream media, in fact, many feel that the new world of the blog and “in-home journalist” is not a legitimate media outlet and has no real value in the market place.  I disagree.  Reality is, those home grown journalists, are becoming vital when it comes to breaking stories that have yet to catch the media eye.  In the case of BizRadio and Daniel Frishberg, I first became aware of the issues from a friend in Houston and a story reported on in the Houston Chronicle.  The story was factual and spot on, but most who are active in reading this blog series would say that they have gained more information from my efforts than they have been exposed to in the Houston Chronicle.

The point?  What is reported on here does have value and many have shared that the questions posed are worthwhile and deserve answers.  To that end, I sought a brief interview with Maria Bartiromo so that some of the questions could be explored.  Here’s the body of emails that were sent and responses received so that, to the reader, it can be clear that I was not on a mission to discredit Ms. Bartiromo, but rather, to explore what happens when a former guest becomes somehow publicly discredited through his own actions.  See the emails below and then we’ll follow up with more questions:

Ms. Bartiromo,

It is with respect that I ask you for an interview.  I am an international speaker and author on business ethics and fraud prevention and write an active blog on the same.

I have been following – for some time – the escapades of Dan Frishberg, Al Kaleta and BizRadio.  I am aware that from time to time he has been a guest on your show and likewise has been interviewed by Tracy Byrnes on Fox.

Now that he is actively under investigation by the SEC and US Attorney’s office for fraud, I would like to discuss with you the impact that this might have on his past interviews.  There are several questions that arise and I feel your perspective would be helpful.

As a form of introduction here is a recent entry that frames the allegations against Mr. Frishberg.  These were heard in District court with a decision likely to follow another hearing on June 10, 2010.  Meanwhile, the allegations are being made by the Receiver appointed from the SEC investigation against Al Kaleta – Frishberg’s right hand man – and now are spilling into Frishberg’s domain.

http://chuckgallagher.wordpress.com/2010/05/06/bizradio-is-dead-frishberg-kaleta-et-al-effectively-accused-of-fraud-prediction-criminal-prosecution-to-follow/

I am interested in the vetting process that CNBC uses to attract guests and what happens when one fails that process.  My request to talk is in no way an attack on you or CNBC.  Rather, I respect your professional opinion and would like to know, when something like this happens – what’s next from a major media perspective?

I am hopeful that you will consider my request and help me with my interview.

Respectfully yours…
Chuck Gallagher
www.chuckgallagher.com
828.244.1400

—– Forwarded Message —-
From: CNBC Customer Care Team <customercare@support.cnbc.com>
To: chuck@chuckgallagher.com
Sent: Thu, May 13, 2010 2:10:09 PM
Subject: Re: Closing Bell [#454864]
Dear Chuck,

Thank you for your submission to the CNBC Customer Care Team.

We do not provide specific contact details of our CNBC Employees. We would suggest you email the respective show directly. A list of show email addresses is provided at the end of this email.

If you have any further questions or comments, please respond to this note and provide as much additional information as possible.  We will make every effort to respond to your email within 24 hours. Thank you for choosing CNBC.

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–Original Message–
From: chuck@chuckgallagher.com
Date: 5/11/2010 2:17:28 PM
To: customercare@support.cnbc.com
Subject: Closing Bell

First Name: Chuck
Last Name: Gallagher
I respectfully request contact with Maria Bartiromo regarding a story I am doing on Dan Frishberg “The Money Man” related to a government investigation into BizRadio. Ms. Bartiromo has interviewed him many times and I would like to talk with her regarding her perspective related to the investigation. I can be reached at 828.244.1400 or chuck@chuckgallagher.com

In addition to the above email stream, I also sent Maria Bartiromo an email directly to maria@wsjreport .com.  Response to all email requests?  Deafening silence!

OK – I’m a pretty practical guy and I know at the outset that this was a shot in the dark, but if you don’t ask you will never receive.  For that matter, I have on several occasions ask Dan Frishberg for an interview and, of course, the response – that same deafening silence.

So let’s approach this another way.  Perhaps it’s best to be public with the request and questions that I would love to ask Ms. Bartiromo.  Do I expect a response – you know – maybe.  Maybe if she has the opportunity to see what I question and thereby formulate her answers, she will extend the professional courtesy of a response.  Maybe!

On February 13, 2009 Dan Frishberg was featured along with another gentleman in an interview that Maria was a part of.  The interview is on YouTube here.  Likewise, only 9 days earlier, Maria had Daniel Frishberg on as a guest on CNBC’s Closing Bell – the interview is here.

In both cases, it has been reported by BizRadio insiders that Daniel and (perhaps) Elisea Frishberg made their way first class to NY for the interviews, staying in lavish hotels, all at the expense of BizRadio.  This was done in a time when, by all accounts, BizRadio did not have an income stream to support the travel and lifestyle of the Frishberg’s.  In fact, most insiders now report that this was all part of the massive BizRadio illusion – appear larger than life, be featured on National TV shows, and hope that you can grow your business to profitability.  Unfortunately a house of cards, built on investor funds that have been called frauduletnly obtained, are destined to collapse.

Fast forward to February 13, 2010 – a year later – we see the collapse was practically complete.  Daniel Frishberg was under investigation by the SEC, DFFS had transferred the RIA to Barrington Financial Associates, Al Kaleta (Daniel Frishberg’s partner in crime) was busted by the SEC, an SEC Receiver was appointed, and Daniel Frishberg was struggling to keep his show alive – experiencing blackouts of his broadcast cause he couldn’t pay the bills.

QUESTIONS FOR MARIA BARTIROMO

  1. When a guest like Daniel Frishberg is selected to be featured on shows like – Closing Bell – what is the vetting process going in that determines the persons validity?
  2. When was the last time Daniel Frishberg appeared on CNBC’s Closing Bell?
  3. Are you aware (or were you aware) before my request for an interview that Daniel Frishberg was the subject of an SEC investigation (and unconfirmed potential criminal investigation)?
  4. If yes, when did you (when I say you I mean CNBC) become aware of Daniel’s problems?
  5. When you discover that a guest (or former guest) is the subject of an investigation related to financial matters (SEC in this case), do you (or CNBC) do your own investigation in order to report activity of this guest/former guest?
  6. Is Dan Frishberg and/or Al Kaleta the potential subject of CNBC’s show – American Greed?
  7. Lastly, if you do not investigate former guests like Dan Frishberg from BizRadio, do you see his actions coming to light having any negative impact on your journalistic reporting or credibility?

Will my questions receive a response?  What do you think?  I’d love to receive your comments.

By the way – to be fair – I also tried to contact Tracy Byrnes on Fox.  The outcome – that same deafening silence.  Although, in Ms. Byrnes case my attempts were through Twitter and other less direct methods (methods other than a direct email contact).

Let’s hope that two things come as a result of this blog:  (1) both Maria and Tracy find a willingness to help shed some light on the vetting process for guests and, more importantly, what happens when it is discovered that a guest has run a foul of the SEC or other financial or criminal investigative agencies; and (2) both Maria and Tracy help us understand the position that CNBC and Fox take on investigating Daniel Frishberg.

I truly hope that my interview attempts were ignored, not by intent, but rather by other factors that just delayed their time and attention.  And, if that were true, then perhaps – just perhaps – both Maria and Tracy would consider responding, as I’m sure from the contacts I’ve made, folks are interested in what happens now when it comes to future interviews.

AS ALWAYS – YOUR COMMENTS WELCOME!


Freedom of Speech or Consequences of foul language – You tell me! Isaac Rosenbloom vs. Barbara Pyle

May 19, 2010

Don Troop, an author featured in The Chronicle of Higher Education wrote the following – presented in full:

An F (Bomb) in Oral Communications

Isaac Rosenbloom was among a small group of students who stuck around after speech class one day this spring at Hinds Community College to discuss their grades with the instructor.

After seeing that he had received a 74 on a late assignment, Mr. Rosenbloom testified in a recorded disciplinary hearing, he turned to one of his peers and said, ”this grade is going to [expletive] up my entire GPA.” He says the instructor, Barbara Pyle, heard him and “went into a screaming fit,” telling him that she does not tolerate offensive language and threatening to send him to detention.

“I told her, ‘This is college, and I’m 30 years old,’” Mr. Rosenbloom testified. “‘There is no detention.’”

After being summoned to the dean’s office, Mr. Rosenbloom sought the assistance of the Foundation for Individual Rights in Education, the free-speech advocacy group, which issued a statement defending the right of adults to use naughty words.

“It is quite absurd that a college has decided that a 29-year-old man who uses a four-letter word out of frustration after a class should be officially punished,” FIRE Vice President Robert Shibley said in a statement. “College students don’t lose their free speech rights when they arrive on campus. Will Hinds be sending its students to bed without supper next?”

While Mr. Rosenbloom is actually being disciplined for “flagrant disrespect,” FIRE wrote President Clyde Muse to tell him that the college’s speech policies are unconstitutional and were “applied unconstitutionally to punish Rosenbloom for his protected speech outside of class.” The college bans “public profanity, cursing, and vulgarity.” Violators can be fined $25 to $50 or, for a third offense, be suspended from college.

According to FIRE, Mr. Rosenbloom was banned from Ms. Pyle’s course and given 12 demerits (three short of suspension). In addition, a description of the case is being placed on his permanent record.

An appeal to President Muse is pending.

So…as I often report on choices and consequences…and ethics, this article seems interesting.  It raises an excellent question or set of questions.

  1. Should an adult have the freedom of speech to express his/her frustration without retribution or negative consequence?
  2. Is it constitutional for an institution of higher learning to impose a limit on speech for it’s students or employees?
  3. Was the instructor’s reaction to the words uttered appropriate?
  4. Lastly, if what you say offends me, should I have the right to limit your freedom of speech?  If so, where is the limit drawn between what offends me and your rights to express yourself?

I would hope that readers might be willing to express themselves and weigh in on whose right carries the greatest weight.

COMMENTS WELCOME


Michael Dokmanovich guilty in a Mortgage Fraud scheme!

May 18, 2010

Acting United States Attorney Robert S. Cessar announced that Michael Dokmanovich, a resident of Bethel Park, Pennsylvania, pleaded guilty in federal court to a charge of Wire Fraud conspiracy in connection with a mortgage fraud scheme.  Dokmanovich, age 36, pleaded guilty to one count before United States District Judge Donetta Ambrose.

Dokmanovich operated Brandy Financial Services Company, which was a mortgage broker company.  Dokmanovich participated in a conspiracy in which he submitted loan documents to lenders that overstated the borrowers’ financial condition, including their assets and income.

The conspiracy also involved appraisals that overstated the true fair market values of the properties serving as collateral for the loans.  In addition, the conspiracy involved fraudulent closings, in which the closing agent executed closing documents that falsely represented that the borrowers had made down payments associated with the purchases of the properties when the borrowers did not make down payments.

Judge Ambrose scheduled sentencing for August 24, 2010. The law provides for a total sentence of 20 years in prison, a fine of $250,000, or both.  Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offense and the criminal history, if any, of the defendant.

The Mortgage Fraud Task Force conducted the investigation that led to the prosecution of Dokmanovich.  The Mortgage Fraud Task Force is comprised of investigators from federal, state and local law enforcement agencies and others involved in the mortgage industry.  Federal law enforcement agencies participating in the Mortgage Task Force include the United States Secret Service;  the Federal Bureau of Investigation; the Internal Revenue Service, Criminal Investigations; the United States Postal Inspection Service; and the United States Department of Housing and Urban Development, Office of Inspector General.  Other Mortgage Fraud Task Force members include the Allegheny County Sheriff’s Office; the Pennsylvania Attorney General’s Office, Bureau of Consumer Protection; the Pennsylvania Department of Banking; the Pennsylvania Department of State, Bureau of Enforcement and Investigation; and the United States Trustee’s Office.


Fair Finance – Seems that beneath the surface it was anything but FAIR!

May 18, 2010

Fair Finance.  When I first heard that name I was confused.  I thought it might be a non-profit organization – left leaning perhaps – that fought for or advocated “fair finance” for the underprivileged.  Man…isn’t if funny what’s in a name.  Was I sure wrong!

Below is an article written by By Jim Mackinnon – Beacon Journal business writer.  Turns out Fair Finance was nothing more than massive Ponzi scheme. Read the great article by Mr. Mackinnon and you’ll get a clearer picture of what “Fair Finance” really was all about.

The court-appointed trustee for Fair Finance Co. has his eyes on lots of fancy cars and artwork that he believes were purchased with money from the under-investigation Akron finance and loan business.

There are three Bentleys, an antique Duesenberg, Mercedes and Jaguar cars, even a Lamborghini. The possible value is in the millions — same thing for the art, primarily paintings purchased by Fair Finance co-owner Timothy Durham, said the trustee, Cleveland attorney Brian Bash.

Bash on Tuesday said he is looking into the sale of more than $1 million in antique and exotic cars by an affiliated company in Indiana, Diamond Investments LLC, as he works to preserve assets for the bankrupt Akron business.

Bash said he is placing liens on perhaps as many as 100 vehicles listed under Diamond, which does business as Diamond Auto Sales. The business is owned by Durham.

”These are pretty fancy cars,” Bash said. Most of the vehicles are in storage, while the Duesenberg and three Bentleys were among vehicles sold recently in Indiana, he said. The vehicles were not ”on the books” of Fair Finance, he said.

Bash talked about the cars and artwork during a monthly status report in federal bankruptcy court in downtown Akron.

”Those are unique assets,” said Marilyn Shea-Stonum, chief judge of U.S. Bankruptcy Court for the Northern District of Ohio, who is overseeing the Chapter 7 liquidation process.

Of the more than $1 million from the car sale proceeds, ”it looks like a number of law firms were paid over $908,000,” Bash said. ”We’re going to be investigating that.”

Bash gave his report over a telephone conference call in open court; just six Fair Finance certificate holders attended. Bash’s monthly update took place less than a week before he will hold a creditors meeting at 1 p.m. Monday at Akron City Centre Hotel, 20 W. Mill St. in downtown Akron. Bash booked the hotel’s Salon A ballroom because he said he anticipates a large turnout.

More than 5,300 people and organizations that include churches bought investment certificates totaling about $200 million from Fair Finance, a small investment and loan company founded decades ago in Akron. The Fair family sold it to Durham and Jim Cochran, two Indiana-based businessmen, in 2002. Most of the certificate holders are in the greater Akron area.

The FBI in late November raided Fair Finance and a related business in Indiana, with court records showing investigators suspected the business was being operated as a Ponzi scheme. Then some investors earlier this year forced Fair Finance into bankruptcy as means to recover assets. The investment certificates, which promised to pay high interest rates, were not government insured.

Bash said he and the team he has assembled continue to look for Fair Finance assets.

Besides the cars, Bash told Shea-Stonum that he is in discussions to have ”a number of pieces of artwork” turned over to him.

Afterward, Bash said Durham had estimated the value of his art collection in the millions of dollars.

The pieces that he does have are ”secured, stored and insured” but he wants the entire collection, Bash said.

”I don’t even have half of it,” he said. ”I’m hopeful they will start cooperating more.”

There also might be as much as $5 million in Fair Finance equity in accounts overseen by two firms, Fortress Investment Group LLC and Duvera Financial, that did business with Fair Finance, Bash said. He said he has asked for an accounting of the money and that the two firms said the information is in more than 80,000 pages of documents.

And in what would be a significant move in the bankruptcy proceeding, Bash said he also expects to shortly have all the assets of Fair Holdings, which is Fair Finance’s Ohio corporate parent, and those of DC Investments — the Indiana corporate parent — assigned over.

”My view right now is, I’ve heard them [Fair Holdings and DCI's representatives] wanting to cooperate but I haven’t seen the actions follow the words,” Bash said.

The FBI is continuing to scan Fair Finance documents, Bash said. ”My accountant goes out to Indianapolis to review those records,” he said.

It does not look as if any former Fair Finance employees will testify or answer questions at Monday’s creditors’ meeting, Bash said.

”It’s my understanding none of the individuals are willing to testify because of the ongoing investigation by the FBI,” he said.

In addition, the Indianapolis law firm representing Fair Finance, Taft Stettinus & Hollister, told Bash in writing and the judge during the conference call that it intends to withdraw as Fair Finance’s counsel. The firm did not give a reason.

Shea-Stonum said investment certificate holders and other creditors who have questions about the case need to go online and review court documents. She said the bankruptcy court clerk’s office is not in a position to respond to questions about the case.

The judge also said certificate holders need to guard themselves from scam artists who claim that they can recover their money from Fair Finance. Scam artists have taken advantage of people in other cases, she said.

”It appears to me the certificate holders in this case have been the victims of what appears to be, well, I’m not going to characterize it. People have been parted from their money,” she said. ”I do not want to see this case become a hotbed for scam artists.”

Shea-Stonum asked Bash to use the trustee’s Fair Finance Web site to post information on how creditors can legitimately find ways to recover assets.

The trustee status report is available online at http://www.kccllc.net/fairfinance.

Here’s another link to Fair Finance articles.

One more time it seems that we see the reality behind the Ponzi scheme…fancy living, fast cars, a lifestyle that cannot be supported by a real business enterprise.  Sadly, what started out as a legitimate business enterprise that helped many, became a vehicle for fraud.  And while I have not been following this active investigation it appears that I sure should be…so look for more information to come.

OF COURSE, YOUR COMMENTS ARE WELCOME!


BizRadio – Due Diligence and the David Wallace Investment Funds

May 17, 2010

November 15 2007 – a letter sent to investors from David Wallace stated the following:

The third quarter of 2007 was very active for both the ongoing due diligence and development activities for Fund II’s current portfolio, as well as the future investment activities of Fund II.  During this quarter, Fund II completed one real estate development investment.  The following table reflects the equity invested in such companies:

The table reflected that of funds invested through June 30, 2007 — $3,657,170 was invested in BizRadio out of a total of $6,994,170 or over 52% was invested in one investment (and that wasn’t real estate).  And for Quarter 3 2007 an additional $1,190,047 was committed to BizRadio – again over 50% of the committed funds for Q3 2007.

The investor report goes on to say:

BizRadio Network – BizRadio provides both the creation and distribution of high-end, talk radio “business” content to an affluent audience.  The ability to reach the well-educated, affluent market is a unique niche that can be served by very few stations.  BizRadio is successful in this effort.  The distribution of the current content is a simulcast on 1320AM in Houston and 1360AM in Dallas-Fort Worth.  The current strategy is to secure capital to acquire (rather than lease) the various stations, which will result in a savings of approximately $200,000 per month by eliminating the respective lease payments.  The future business strategy is to expand the content product offering (to add a newsletter, stock-tip market letter, day-trading academy, pod casts, etc.) and to broaden the distribution network and acquire additional stations in specific key markets.  Two radio stations (one in Houston and one in Fort Worth) were secured through letters of intent during the second quarter of 2007.  However, the due diligence findings of the Dallas station caused BizRadio to terminate its discussions, and the Houston station is nearing the final negotiation of a definitive agreement.  It is anticipated that the acquisition of these stations will be funded by 50% equity, and the remaining capital will come from third-party purchase money debt.

Now for some time you know, especially for those of you who read this blog series, that I’ve been asking questions related to David Wallace’s involvement with BizRadio.  I am, and have been, confused – cause on one hand it seems that David has been a continued source of funds for BizRadio – and for many those investments have turned into substantial losses – perhaps unrecoverable losses.  On the other hand, David has said that he (as an investment general partner) did his due diligence and, seeing the ship sinking, tried to take the helm and revive BizRadio in a desperate situation.

SO LET ME JUST PUT THE CARDS ON THE TABLE!

I have been told on more than one occasion that David Wallace had lost his objectivity when it came to Al Kaleta, Daniel Frishberg and BizRadio.  David, so I’ve been told, got hooked into the Daniel Frishberg vision of BizRadio (I guess we can say he drank the Koolaid) and saw this as a way to attract continued investors into his funds.  Specifically, I was told that Daniel Frishberg effectively told David Wallace that he would funnel investors to him to help him with his “funds” (find investors so to speak) as long as he would agree to funnel money back to BizRadio.

David, on the other hand, has said that he saw the value in BizRadio and felt that the investment was worthwhile.  That’s fair.  But, here’s the rub.  If you are putting a fund together, would anyone who has a fiduciary responsibility to his/her investors ever invest 50+% into one company and, if so, into a company that had then no substantive tangible assets?

I asked David the following in an earlier blog (to see the full blog click: http://chuckgallagher.wordpress.com/2010/04/14/bizradio-an-interview-with-david-wallace-about-the-dan-frishberg-al-kaleta-fiasco/

9. I have been told that your office in Houston was across the hall (I haven’t been there David so my characterization may be inaccurate) from Dan’s BizRadio, but you weren’t seen much in his office.  Considering your funds – certainly from what I’ve been told the Laffer, Frishberg, Wallace Economic Opportunity Fund had substantial interest in BizRadio – were you active in the operation?  If so, how?  If not, why?

DW Responds – I was approached by Al when we were creating a real estate investment fund in about 2005. AL Kaleta and Daniel Frishberg indicated that they have some clients that they wanted to allocate some of their funds into real estate, and they liked our team, track record, etc. So their firm ( Frishberg , Jordan & Stewart Advisors at the time) provided some investment capital (about 70%) on the first Wallace Bajjali affiliated fund. This fund acquired 13 real estate properties. As we started to look at creating a second fund, we prepared a $10 million offering prospectus and Daniel Frishberg and Al Kaleta indicated that they felt that they could raise the capital for the fund. At some point a discussion ensued about the convenience of Wallace Bajjali leasing space on the same floor as Frishberg , Jordan & Stewart, such that if their clients would like to meet the principals, then we would be more accessible, than if we were in another location. Ultimately, the second fund was amended to raise beyond the $10 million, and up to $25 million.

Now here’s where the numbers just don’t add up.  David says, “AL Kaleta and Daniel Frishberg indicated that they have some clients that they wanted to allocate some of their funds into real estate, and they liked our team, track record, etc.” So according to David the attraction was that they would bring David clients.  Seems that we have a validation of what has been said to me on several occasions – David was lured with the promise of money for his funds.  Keep in mind those words that I have shown in “blue” here are David’s words not mine!

Yet as Daniel Frishberg and Al Kaleta funneled money into David’s funds – David (claiming due diligence) was pouring money right back into BizRadio.  And for what?  Was that money earmarked for the “acquisition” of the station (at least the license would be a tangible asset – of sorts) or were the funds being used to subsidize current operating expenses?

I’m sorry, but I don’t see true evidence of “due diligence!”  What I see is a young energetic individual (David Wallace) being caught up in the attraction of the massive illusion that Daniel Frishberg and Al Kaleta created.  David (as I see it) seemed to be interested in gaining a new source of investor funds and was willing to “sell his objectivity” (through funneling money back to BizRadio) for that gain.  Some may say that my opinion is skewed and inaccurate, but I think when this is all said and done – and the final chapter is finished – we will see that I’m closer to right than wrong.  How else can one explain such substantial investments into BizRadio in contravention of any reasonable investment advice related to diversification.  Time after time David Wallace has seemed to ignore the simple rule of diversification in favor of funding the “project” of Al Kaleta and Daniel Frishberg called – BizRadio.

NOTICE I started this off with information from 2007.    But David (again from the earlier interview) stated the following:

I began to voice my own criticisms in mid- to late 2008.

Around the 4th quarter of 2008, and continuing into the 1st quarter of 2009, it became obvious based on conversations with BizRadio employees, and ultimately Daniel Frishberg, that this was the case. At this time I worked with the existing employees of BizRadio to create a restructuring plan and “Path to Profitability” (that was provided to Daniel Frishberg and Al Kaleta) to eliminate the operating losses, but more importantly, to eliminate any conflict of interest between the RIA and BizRadio. Although there was an outward appearance that it was being well received and implemented, in the end, I feel that it was summarily dismissed.

If I were an investor I would be furious.  First, there’s the issue of diversification – grade (F).  When over 50% of the fund is invested in one asset we’ve got a problem.  Mind you, this was true at least for Q3 of Fund II in 2007 and also was true in another fund where BizRadio represented over 60% of the funds investment.

But…if, as David says, “I began to voice my own criticisms in mid- to late 2008“, then why would he not call a halt to future investments into BizRadio until his voice was heard?  David was the primary source of BizRadio’s operating capital and therefore, effectively, was in control.  The reality is – without David Wallace’s continued investments into BizRadio – BizRadio would have collapsed much sooner than later and millions of current losses would have been avoided.  In my opinion, David’s insistent involvement with BizRadio, even after he “voiced criticisms” reflected a lack of independence as a general partner in his funds and therefore will (likely) put him at personal risk for civil lawsuits.

The larger question, in my mind, is whether David Wallace will face criminal conspiracy charges – assuming criminal charges are brought against Al Kaleta, Daniel Frishberg, and Elisea Frishberg.  Did David conspire willingly to defraud investors by continuing the charade that BizRadio had a viable business plan that had a chance of success and thereby provide reasonable assurance that an investor could gain a reasonable return on their investment?

Here’s an example…  I got a call from a “former” CPA.  Seems (in short) he was a CFO of a company.  He felt that the company was doing something unethical and quit.  (By the way that was 5 years ago).  Turns out 5 years later that the US Attorney took down the company for illegal activities.  But the US Attorney also went after the former CFO.  Why?  Conspiracy.  By not reporting the fraud, he conspired to commit fraud.  Result?  Plea conviction with probation and the loss of his license.  Moral of the story…  If that guy can be convicted – wonder what would happen to David considering that the flow of defrauded investor funds seemed to continue to flow from his funds well into 2009 when it was clear that the ship was sinking?

What ultimately happens with David Wallace?  I honestly don’t know.  I suspect that his willingness to cooperate might be just the ticket to save his skin.  As David said, “…the connection by our investment into BizRadio, does not represent our finest investment hour.” Sometimes you have to call them as you see them.  I think that David’s statement is a major understatement.  All evidence suggests that David was played like a fiddle by Kaleta and Frishberg – being seduced into being a “money laundering” mechanism for Frishberg and Kaleta to convert their investor sources into BizRadio funds – all the while trying to seem as if there was independence of investment activity in play.

Independence – not a chance.

Due Diligence - no way.

Greed and hubris – likely!

AGAIN – YOUR COMMENTS ARE WELCOME!


Al Kaleta busted by SEC Receiver for lying about Sculptures

May 14, 2010

Talking about twists and turns – this whole BizRadio, Al Kaleta, Daniel Frishberg mess gets more amazing by the day.  At times I’ve wondered if the “fraud” (labeled by the SEC Receiver) was blatant or if these guys were just plain stupid.  Quickly I’m coming to believe the answer is just “greedily” blatant!

A small part of the SEC Receiver’s document to the District Court stated the following:

Kaleta made similar misrepresentations concerning Masterpiece sculptures purchased with KCM assets.  When asked by the Receiver to turn over the four sculptures identified by Kaleta, the Receiver was informed that the sculptures had been moved from the KCM/BizRadio/DFFS offices to Kaleta’s home.  Kaleta agreed to return the four sculptures to the KCM/DFFS/BizRadio office for collection.  Kaleta assured the Receiver through counsel that there were no other sculptures that remained undisclosed.  The Receiver’s repeated requests for confirmation were met with repeated assurances that there were only four sculptures and that they had already been turned over to the Receiver.  This was false.

The facts were uncovered during the Receiver’s telephonic collection efforts to note holders.  He contacted Masterpiece to demand repayment of it’s $100,000 note to KCM.  Masterpiece’s principal referenced a number of other sculptures purchased by KCM but delivered to or picked up by Kaleta.  When asked to provide supplemental information, Masterpiece delivered to the Receiver detail regarding sculptures in Kaleta’s possession that had not been disclosed.  In response to the Receiver’s subpoena and already confronted with evidence that the Receiver had received from Masterpiece, Kaleta admitted possession of the sculptures and agreed to deliver them to the Receiver.

So Kaleta lied!  Caught in the web of his own deceit Kaleta is busted when it comes to credibility in light of an ongoing SEC investigation.  NOT GOOD!  When the criminal aspects of this take hold – and rest assured they will take hold – the outcome is likely not going to be pretty for Al Kaleta – the man who bragged about getting fellow comrades incarcerated since they crossed him.

But, how does this tie into the whole BizRadio – Daniel Frishberg thing?  See the agreement below.  Perhaps that might shed some light on the subject:

_________Masterpiece Investments________

Reciprocal Trade Agreement

Date: August 2, 2009

The following, when signed by you, Mark Ghiglieri and Masterpiece Investments (COMPANY) and Biz Radio Network, will constitute our reciprocal trade agreement relative to an exchange of radio advertising time on station BizRadio KTEK 1110 AM – Houston, KVCE 1160 AM—Dallas, KTMR 1130AM—San Antonio.

We hereby agree to furnish Company, broadcast time on BizRadio KTEK 1110 AM – Houston, for commercial announcements to advertise fine arts and sculptures.

  • Time shall be accorded you in the amount of $100,000.00 computed according to our rate card in effect at the time the commercial announcements are placed on the station. House talent and regular production are included in rate. It is agreed that no agency commission is payable, such commission having been included in the dollar value of the time to be furnished you hereunder.
  • Any request for specific talent, announcer or special production in connection with said announcements, shall be paid for, in cash, by you upon receipt of the invoice. Such charges shall not be included in computing the dollar value of the broadcast time furnished by station(s) to you hereunder.
  • In exchange, you agree to furnish us with the following merchandise, as sole payment to the Biz Radio Network: The BizRadio Sculptures (TBD) worth $100,000.00.
  • BizRadio agrees to reimburse COMPANY, the hard costs on all sculptures that are sold, at an agreed upon price up front, registered by serial number, after each sale, with the net proceeds going to BizRadio.
  • You agree to furnish Biz Radio Network with serial numbers to be used for the purpose of accounting and fulfillment records for the aforementioned scrip.

  • All announcements hereunder shall be subject to the terms and conditions of Station’s Standard Contract for Local Broadcasting.
  • Advertiser will indemnify and hold harmless the Agent and the Station from and against all claims, demands, debts, obligations or charges (including reasonable attorney fees and disbursements) which arise of or result from the broadcast and/ or website advertising schedule. The provisions of this paragraph shall survive the termination or expiration of this agreement.
  • Announcements provided for above shall be broadcast run of station (ROS) between start of station broadcast day and end of station broadcast day (Monday-Sunday) and are subject to availability. The Station(s) shall have the right to capture any time periods offered hereunder for any reason whatsoever.  Charges will be made only for spots actually broadcast, and for which affidavits of performance showing the exact times are furnished.  Schedule must run within one year of date of this agreement unless a prior arrangement is made and agreed to by station.
  • This Station does not discriminate in the sale of advertising time and will accept no advertising which is placed with intent to discriminate on the basis of race, gender, or ethnicity.  Advertiser hereby certifies that it is not buying broadcast air time under this advertising sales agreement for a discriminatory purpose, including but not limited to decisions not to place advertising on particular stations on the basis of race, gender, national origin or ancestry.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered effective as of the date first written above.

BusinessRadio Network, LP

By: _____________________________________________

Doug Roach – General Manager

Dated:__________________________________________

Account Executive: _________________________________

Jack Warkenthien—VP of Sales

Dated:___________________________________________

ACCEPTED AND AGREED:

Masterpiece Investments

By: ______________________________________________

Mark Ghiglieri

______________________________________________

President

Dated:___________________________________________

COMMENTS: It’s 2009 and as evidenced by this agreement, again BizRadio agrees to provide (shall we say) “advertising” in exchange for sculptures that somehow end up at Al Kaleta’s residence.  The company is barely making payroll and yet the business of the day – advertising for art.  IF THIS IS AN EXAMPLE OF BUSINESS ETHICS – well… I throw my hands up…fraud is fraud and it sure seems that the BizRadio folks were more than knee deep in it.  Personally, I feel for the investors and hope they are able to get something back.  Perhaps their best hope is the actual sale of the station…  For now, only time will tell.

As always – YOUR COMMENTS ARE WELCOME!


Another Ponzi Scheme – Nevin Shapiro – from the FBI website no less!

May 11, 2010

To make the FBI’s web site takes a lot.  But what is listed below in BLUE is directly from their site.  Once you finish reading…check out the comments.  It’s amazing how simple the fraud takes place and how easy it is for folks to get sucked into the PIT.

He was living the high life—taking up residence in a Miami Beach mansion worth more than $5 million, cruising around in a million-dollar yacht and his leased Mercedes-Benz, shelling out more than $400,000 for floor seats at Miami Heat basketball games, and donating thousands of dollars to the athletic program of a local university (the school was so appreciative it named a student athlete lounge after him).

But it all came crashing down on Florida businessman Nevin Shapiro last month, when he was charged with orchestrating a multi-million-dollar Ponzi scheme involving about 60 victims throughout the United States.


From January 2005 through November 2009, according to the criminal complaint filed in federal court in New Jersey (where one of his victims resides), Shapiro raised more than $880 million from his investors. These individuals thought they were investing in his wholesale grocery distribution business—Capitol Investments, a Florida corporation with offices in Miami Beach that Shapiro owned and ran as CEO.

In reality, there was no grocery distribution business. Shapiro allegedly used new investor money to fund principal and interest payments to existing investors—a textbook Ponzi scheme—while at the same time, taking tens of millions of dollars for his own use.

How did Shapiro convince his investors to give him their hard-earned money? According to the charges, he and others working for him showed potential investors fake documents that touted the profitability of his business, including:

  • Financial statements claiming that the business generated millions of dollars in annual sales;
  • Shapiro’s personal and business tax returns (also fraudulent);
  • Phony invoices revealing transactions that Shapiro’s business had supposedly entered into with other businesses; and
  • Promissory notes reflecting the amount of the victims’ investment, along with a schedule for a payment of interest (at anywhere from 10 to 26 percent on an annual basis) and the return of their principal.

The scheme eventually went the way of most Ponzi schemes—collapsing in on itself when it got too big to maintain financially. The criminal complaint alleges that Shapiro defrauded investors out of at least $80 million.

This particular case was brought in connection with the recently-established Financial Fraud Task Force, led by the Department of Justice, which investigates and prosecutes major financial crimes. And the case was definitely a multi-agency effort—in addition to the FBI, it was worked by the IRS Criminal Investigative Division and the Securities and Exchange Commission.

So how can you avoid being victimized by a Ponzi scheme? A few tips:

  • Be careful of any investment opportunity that makes exaggerated earnings claims.
  • Exercise due diligence in selecting investments and the people with whom you invest—in other words, do your homework!
  • Consult an unbiased third party, like an unconnected broker or licensed financial advisor, before investing.

If you think you have already been conned in a Ponzi scheme—or are suspicious about a pending investment—contact your local FBI field office or local authorities.

COMMENTS:

There are three components of most frauds from the perspective of the VICTIMS:  (1) Promise; (2) Illusion and (3) Trust.

Let’s look at what the FBI reported and see if we can find those components.  ILLUSION – according to the FBI, Shapiro created fake financial statements, fake personal and business tax returns and phony invoices.  He went to a lot of trouble to solidify the illusion that what he represented was real.  Some might question what might have happened if he had invested half that much time and effort into a real business instead of his phony scam?

Ah, but the hook that gets VICTIMS in – in the first place – is the PROMISE.  Here the promise was a return (plus principle) of anywhere between 10 to 26 percent.  I can’t speak to why…but in every case it seems clear that “investors” seem to gravitate to something that “others can’t have” – some call it greed.  I think, rather than greed, we have a psychological desire to be above average and if someone offers something that seems real that is “off limits” to the average guy…then we are more apt to bite.  Guess it’s DNA to want what we can’t or shouldn’t have…just think of the apple.  (Some readers will get that!)

Now, let’s be honest.  A PROMISE of a 26% return is not reasonable and ANY PROMISE of a guaranteed return should give us a moment to pause and investigate further!

The funny part about a Ponzi Scheme is that the ILLUSION that supports the PROMISE actually creates the TRUST needed to perpetuate the scheme.  More times than not, the “investors” VICTIMS actually are the ones that turn others on to the “scam” without having any knowledge that they are luring others into the trap!

The Ponzi scheme only collapses when the source of funding dries up.  Most of the time, the scheme gets so large and top heavy (the need for additional funding becomes so great) that it collapses on itself.

So…the FBI suggests the following which is worth repeating:

So how can you avoid being victimized by a Ponzi scheme? A few tips:

  • Be careful of any investment opportunity that makes exaggerated earnings claims.
  • Exercise due diligence in selecting investments and the people with whom you invest—in other words, do your homework!
  • Consult an unbiased third party, like an unconnected broker or licensed financial advisor, before investing.

BREAKING NEWS FOR NEVIN SHAPIROhttp://chuckgallagher.wordpress.com/2011/08/17/convicted-ponzi-fraudster-nevin-shapiro-provides-a-tsunami-of-evidence-against-the-university-of-miami-football-program/

YOUR COMMENTS ARE WELCOME!


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