Lance Armstrong’s Collapse of Ethics (part one – NEED) – An indepth review by Chuck Gallagher ethics expert and author of the Human Side of Ethics

Illusions collapse!  The collapse under their own weight governed by the law of gravity.  If you pile too much bullsh*t on less than a solid foundation you will find yourself one day in a stinky pile of dung.  That, today, is where Lance Armstrong finds himself.  And the reality is – once you’re in it, it’s hard to dig your way out and ever get rid of the stench!

Heralded as a true American hero, Lance Armstrong was revered as an icon – a man who beat cancer, was at the top of his athletic career and a pay-it-forward guy with his non-profit foundation Livestrong.  Today Armstrong’s past successes are dwarfed by his admission that he was a liar and bully.  But is Armstrong’s story any different that those of lesser know folks who find themselves in a Collapse of Ethics?  The patterns are the same only the names and circumstances change.

The following was reported by CNN:

Appearing tense, Armstrong told Winfrey it was a happy day for him to be there with her.

He described his years of denial as “one big lie that I repeated a lot of times.” He had races to win and a fairy tale image to keep up.

Armstrong reminisced on his storied past of being a hero who overcame cancer, winning the Tour repeatedly, having a happy marriage, children. “It’s just this mythic, perfect story, and it isn’t true,” he said.

It was impossible to live up to it, he said, and it fell apart.

What Lance stated is common – not easy – but common for those of us who build a house of cards only to watch it collapse under the weight of unethical choices that were compounded by lies and more lies.  The question is – what are the patterns that can creep into our lives that allow someone who knows better to make unethical choices?

There is a pattern – a clear pattern of behavior – that is not specific to a person, but rather specific to unethical behavior and it starts with NEED.  And, while the word – NEED – is wide open to interpretation, the emotion connected with it is rather simple.  Defined as a physiological or psychological requirement for the well-being of an organism, NEED is that elusive thing driven by an internal desire connected with an emotion that drives behavior.  To be clear…I’m no psychologist, but there is no doubt that there was an internal emotional desire that went unfulfilled that contributed to the choices that Lance Armstrong took.

Below is a partial transcript of Oprah’s interview with Lance Armstrong:

Oprah Winfrey: Did you ever take banned substances to enhance your cycling performance?

Lance Armstrong: “Yes.”

OW: Was one of those banned substances EPO?

LA: “Yes.”

OW: Did you ever blood dope or use blood transfusions to enhance your cycling performance?

LA: “Yes.”

OW: Did you ever use any other banned substances such as testosterone, cortisone or Human Growth Hormone?

LA: “Yes.”

OW: In all seven of your Tour de France victories, did you ever take banned substances or blood dope?

LA: “Yes.”

OW: Was it humanly possible to win the Tour de France without doping, seven times?

LA: “Not in my opinion. That generation. I didn’t invent the culture, but I didn’t try to stop the culture.”

Notice…while admitting guilt a key factor emerges…Lance believed that he could not win without acting unethically in his sport of choice.  In fact, he acknowledged that while he “didn’t invest the culture” he “didn’t try to stop the culture.”   In other words, Armstrong, like many others who act out unethically, took the approach that it was alright to take illegal or unethical actions (or both) as long as it was the norm!

But back to NEED.  For Armstrong to win he believed that he NEEDED to use performance enhancing drugs!  Winning was important and winning the old fashioned way didn’t seem to be an option.

There is an illusory truth that most of us miss when we are in the midst of making life changing choices…and that is – if the actions of others are common place we assume that similar actions that we might make are alright.  Rarely do we challenge the common actions around us and ask the hard questions about ethics.  Armstrong, in his answers to Oprah’s questions, demonstrates that.  See the transcript below:

OW: You said to me earlier you don’t think it was possible to win without doping?

LA: “Not in that generation, and I’m not here to talk about others in that generation. It’s been well-documented. I didn’t invent the culture, but I didn’t try to stop the culture, and that’s my mistake, and that’s what I have to be sorry for, and that’s what something and the sport is now paying the price because of that. So I am sorry for that. I didn’t have access to anything else that nobody else did.”

OW: Usada issued a 164-page report. CEO Travis Tygart said you and US Postal team pulled off the most sophisticated, professional and successful doping programme sport has ever seen. Was it?

LA: “No. It definitely was professional, and it was definitely smart, if you can call it that, but it was very conservative, very risk-averse, very aware of what mattered. One race mattered for me. But to say that that program was bigger than the East German doping program in the ’70s and ’80s? That’s not true.”

OW: What was the culture? Can you explain the culture to us?

LA: “I don’t want to accuse anybody else. I don’t want to talk about anybody else. I made my decisions. They are my mistakes, and I am sitting here today to acknowledge that and to say I’m sorry for that. The culture was what it was.”

OW: Was everybody doing it? That’s what we’ve heard. Was everybody doing it?

LA: “I didn’t know everybody. I didn’t live and train with everybody. I didn’t race with everybody. I can’t say that. There will be people that say that. There will be people that say, ‘OK, there are 200 guys on the tour, I can tell you five guys that didn’t, and those are the five heroes’, and they’re right.”

What was Lance’s NEED?  Well he says it best in one of his comment to Oprah!

“My ruthless desire to win at all costs served me well on the bike but the level it went to, for whatever reason, is a flaw. That desire, that attitude, that arrogance.”

Lance Armstrong’s Collapse of Ethics will continue…

Meanwhile – YOUR COMMENTS ARE WELCOME!

Dan Frishberg apparently in violation of SEC order not to offer Investment Advice. Will there ever be Justice in this case?

Hello everyone Dan, here. How often do you hear yourself saying “no I haven’t looked at that yet, but I’ve been meaning to?”

Thus began an email written to my by none other than Dan Frishberg.  Yes, Dan Frishberg of disgraced BizRadio fame, the same Dan Frishberg that is banned from the SEC in offering investment advice…not that it seems the SEC has any teeth when it comes to Dan and his continued radio commentary.

I just read yet another email from a frustrated trader telling me that the trading techniques, the pattern recognition software, or the black box strategies that he believed in are simply not working.

Wow…again I’m confused.  You received “yet another email from a frustrated trader” – but Dan you’re not supposed to be offering investment advice so why would you be receiving any emails from traders?  What am I missing here?

Brokers are telling their customers to ignore their losses and hang on, but that’s what they always say. Sometimes that advice works, but it has also resulted in some of the biggest losses in the past twenty years.

Oh my…”some of the biggest losses in the past twenty years” – wonder if that isn’t exactly what happened to people – good folks who couldn’t afford to lose – when they listened to your line about BizRadio and why they should invest in you.  Dan tell me – if they lost in you, why should they now listen to you – especially when you’re not supposed to be offering investment advice?  Damn this perplexes me!

One listener said he has finally realized technical analysis doesn’t work. This isn’t true, the current price is unquestionably a key part of the story but this is only part of it.

Only part of the story…seems that’s a mantra for you.  Has anyone who invested with you in BizRadio ever gotten the truth – the full story or even as much as an apology?

The paradox of investing is – it’s easy to make money when you stop searching for the easy answer.

Yet you and Al Kaleta offered “easy answers” to investors who by all accounts were defrauded.  Have you made restitution?  Have you made it easy for them to recover their monies?

Instead, get an update on what’s working now — the most up to the minute insight into the trends, turning points, and my best stock and option trade ideas in my all new newsletter, Whats Working Now.

You do have a big set of (whatever)…get “my best stock and option trade ideas” – good lord is that not in direct violation of the SEC requirement that you not offer investment advice?  Justice?  Doesn’t seem to be any here!

CLICK HERE – (I disabled this link as I’m not giving Dan Frishberg a link from my blog)

DANIEL FRISHBERG
THE MONEYMAN REPORT
themoneyman.com

YOUR COMMENTS ARE WELCOME!

Former Wachovia Financial Advisor – Lazaro E. Salado – Pleads guilty to Bank Fraud – what was his motivation?

Since every choice has a consequence – the consequences of Lazaro Salado’s fraud will be significant and impactful.  The prison sentence that he will receive will be life changing and the restitution that follows may be impossible.  But at a deeper level the question might be what motivated his behavior?

Former Wachovia financial advisor, Lazaro E. Salado, 42, of Palmetto Bay, Florida, pled guilty to a Criminal Information charging him with one count of bank fraud for stealing client funds.

According to the Criminal Information, Salado was a financial advisor at Wachovia in Miami, Florida, responsible for assisting clients in investments and financial planning. From February 2004 to May 2009, Salado stole more than $1.45 million from five of his clients at Wachovia by causing checks to be issued on client accounts, without the knowledge or authorization of these clients, for payment to a bank account controlled by Salado. Salado concealed the fraud by providing false and fraudulent statement to clients and also by transferring money between client accounts through unauthorized wire transfers.

As part of the plea agreement announced in court today, Salado agreed to make mandatory restitution of $1,457,309 to Wachovia (now Wells Fargo).

Sentencing is scheduled for September 14, 2011 before U.S. District Judge Marcia G. Cooke. Salado faces a maximum statutory sentence of up to 30 years in prison, a fine of up to $1,000,000, and restitution.

QUESTIONS: 

In any fraud there are three components that come together:  (1) Need; (2) Opportunity and (3) Rationalization.  While it might seem obvious that Salado had a need for money (since that is what he stole) – the bigger question might be – FOR WHAT?  Did his lifestyle reflect the use of the stolen money?  Should have it been noticeable by his co-workers?

He had opportunity through Wachovia – yet the question looms – where did the internal controls fail that allowed Salado to embezzle such large sums of money?  Surely the systems were in place to detect activity like this that took place over 5 years.

Lastly, wonder what was in Salado’s mind that allowed him to rationalize his behavior?

If you know Lazaro Salado and/or have any insight into these or other questions that may arise feel free to comment.

YOUR COMMENTS ARE WELCOME!

Crystal Dawn Bric Pleads Guilty to Theft of more than $300,000 from SC Probation, Pardon and Parole Bank Account!

Does it seem that South Carolina has the lock of stupid choices?  First our (former) Governor gets lost on the Appalachian Trail and ends up in Argentina and now we find an individual steals from the SC Dept. or Probation, Pardon and Parole.  Maybe its me, but doesn’t it just seem too close for comfort to steal from an organization that is involved with prisons and inmates?

NEWS RELEASE:

Columbia, South Carolina United States Attorney William N. Nettles stated today that a former resident of the Columbia based Restitution Center, Crystal Dawn Bric, age 31, of Columbia, pled guilty on Wednesday to one count of bank fraud, for her scheme to steal more than $300,000 from a Wachovia bank account owned by the South Carolina Department of Probation, Pardon and Parole.

The facts presented at the plea hearing were that during the year 2007, Crystal Bric was on state probation and was housed at the SC Probation, Pardon and Parole Restitution Center in Columbia, SC. Using a check she received from a Probation Pardon and Parole Wachovia bank account, she obtained the bank account number and routing number. She began using the account number to pay her rent, her utilities, and for cell phones for herself and others. She did this using a telephone and making electronic payments. She also used friends social security numbers to open credit card accounts and then electronically paid for the credit cards using these Wachovia account numbers. The scheme was executed from approximately December 2007 through October 2009. Auditors have concluded that Ms. Bric wrongfully took approx. $337,944 in state funds from this Wachovia bank account.

The maximum possible penalty for bank fraud is thirty years and a fine of $1,000,000.00.

Mr. Nettles stated that the case is being investigated by agents of the United States Secret Service and that he has assigned the case to Assistant United States Attorney Debbie Barbier of the Columbia office for prosecution.

As I begin every speech as a business ethics and fraud prevention speaker – “Every Choice Has A Consequence!”

YOUR COMMENTS ARE WELCOME!

David Wallace and Costa Bajjali fined by the SEC for BizRadio related issues! Will Investors Be Made Whole?

David Wallace is the author of “One Nation Under Blog: Forget the Fact and Believe What I Say” – wow…I was reminded of that as I began this post and thought how telling.  David and Costa wanted investors in their private placements and it seemed that they wanted investors to “forget the facts” and believe what they said…although what they said led to massive losses when they over invested in the money losing BizRadio driven by Dan “The Money Man” Frishberg.

Fined by the SEC for their roles in misleading investors – David Wallace and Costa Bajjali each have agreed to pay a $60,000 fine.  The SEC news release states the following:

On May 20, 2011, the Commission filed suit in U.S. District Court for the Southern District of Texas against Houston area real estate developers David Wallace and Costa Bajjali in connection with two fund offerings. This suit is a related case to SEC v. Albert Fase Kaleta and Kaleta Capital Management, Case No. 4:09-cv-03674 (filed November 13, 2009) and SEC v. Daniel Sholom Frishberg, Case No. 4:11-cv-01097 (filed March 23, 2011).

The Commission’s complaint alleges that from November 2006 through December 2008, Wallace and Bajjali offered and sold interests in the Wallace Bajjali Investment Fund II, L.P. (“WB Fund”) and the Laffer Frishberg Wallace Economic Opportunity Fund, L.P. (“LFW Fund”). The complaint further alleges that the private placement memoranda (“PPMs”) for these funds stated that investment in any one business would be limited—to 33% in WB Fund and 20% in the LFW Fund.  Both funds exceeded the PPMs’ stated limitations by investing heavily in Business Radio Networks, L.P. d/b/a BizRadio, a struggling media company. As a result, they subjected the Funds’ investors to substantially greater investment risk than the Fund’s written materials disclosed.

The complaint alleges that Wallace and Bajjali violated the Sections 17(a)(2) and (a)(3) of the Securities Act of 1933. Without admitting or denying the Commission’s allegations, Wallace and Bajjali each consented to the entry of a permanent injunction and to pay a $60,000 civil penalty.

The actual SEC Complaint is here:  SEC Complaint – David Wallace Costa Bajjali

The Amarillo Globe News reports the following:

“When we sell the real estate,” Wallace said, “we believe we will be able to absorb whatever we’ve written off as it relates to news radio.”

In written disclosures related to the securities offerings, the suit says, Wallace and Bajjali told investors the funds’ investments in any one business would be limited to no more than 33 percent from the Wallace Bajjali Investment Fund and no more than 20 percent from the Laffer Frishberg Wallace Economic Opportunity Fund.

By May 2007, $6.5 million, or 40 percent, of $16 million raised under the Wallace Bajjali Fund had been invested in BizRadio, the suit says. By the time the Opportunity Fund closed in December 2008, roughly 57 percent, or $4 million, of about $7 million raised had been invested in BizRadio, the suit says.

The result was that Wallace and Bajjali, “subjected the Funds’ investors to substantially greater investment risk than the Funds’ written materials disclosed,” according to SEC filings.

Wallace called it a “technical” problem, saying he and Bajjali thought other money was being raised for the two funds that would have ensured that the limits were not surpassed.

The $120,000 fine wasn’t the only payment Wallace and Bajjali had to make in this case. Last November, in negotiations with Thomas Taylor III, the Houston attorney who is overseeing the SEC-ordered receivership of KCM, Wallace has paid back $92,348 and Bajjali has paid back $45,550 to date, according to the publicly available information. At that time, Taylor said negotiations are ongoing about further repayments by Wallace and Bajjali.

REALLY DAVID A TECHNICAL PROBLEM?

Sorry, but sometimes you have to call bull s**t when you see it.  Technical problem my ass!  David and Costa got their hands slapped when most who lost substantial monies likely feel that more is in order.  It is not a TECHNICAL PROBLEM when you substantially commit massive funds into an investment that you know is a losing proposition hoping that more investor funds would be forthcoming so that you could then avoid the TECHNICAL ISSUE.

SO HERE’S THE QUESTION DAVID – If, as you stated, when you sell the real estate you will be able to absorb what you’ve written off related to news radio – does that mean that the investors who lost millions at your hand will be made whole?  WILL INVESTORS BE MADE WHOLE?  That’s a question those who lost millions would like an answer to.  DAVID WHAT’S THE ANSWER?

THE NEXT QUESTION:  For those who were lucky enough not to be sucked into the Dan Frishberg scambus…doesn’t that mean that their gains (you know when the real estate sells) will be less?  David…REALLY DOESN’T EVERYONE LOSE HERE?

Put clearly – David – if you had followed the terms of your investment private placement memorandum – BizRadio and Dan Frishberg would have been out of business long ago and you would have not been embarrassed at their hand.

The Amarillo report also says:

“We have been impressed with the level of transparency in this issue, as David Wallace has kept us informed throughout the SEC process,” Amarillo Mayor-elect Paul Harpole said in a Wallace Bajjali news release. “We are pleased with this positive resolution and appreciate Wallace Bajjali’s forthright, thorough and ongoing communication about the issue.”

Melissa Dailey, executive director of Downtown Amarillo Inc., the nonprofit group leading downtown redevelopment, said in a statement: “The SEC review ended with a settlement announcement noting a single technical error regarding a Fund managed by Wallace and Bajjali.”

Perhaps David has figured out – stick to Real Estate and out of Radio!  My hope is that the profits from the Amarillo venture might be used to pay the investment losses from David’s mind fart in investing in BizRadio.

YOUR COMMENTS ARE WELCOME!

Dan Frishberg “The Money Man” Charged by the SEC with Fraudulent Conduct! BizRadio’s Scam Artist Exposed…

To be honest, as I pen this latest blog entry, there is no joy.  Yet, it is not a surprise either.  Dan Frishberg, despite his puffery and position – claiming to the “the Money Man” has finally been charged by the SEC for his role in defrauding numerous investors out of millions.  Today many now know that what has been claimed about Dan is true.  He has not acted in the best interest of his clients and as a result – one of the outcomes is that Dan “The Money Man” Frishberg is barred from association with any investment adviser or certain other registered entities.

The SEC News Release reads as follows in its entirety:

Washington, D.C., March 25, 2011 — The Securities and Exchange Commission today charged Houston-area businessman Daniel Frishberg with fraudulent conduct in connection with promissory note offerings made to clients of his investment advisory firm.

The SEC alleges that Frishberg’s firm Daniel Frishberg Financial Services (DFFS) advised clients to invest in notes issued by Business Radio Networks (BizRadio), a media company founded by Frishberg where he hosts his own show under the nickname “The MoneyMan.” Frishberg failed to tell his clients about BizRadio’s poor financial condition or his significant conflicts of interest with the note offerings that helped fund his salary at BizRadio.

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Additional Materials

• SEC Complaint
• Litigation Release No. 21901

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Frishberg agreed to settle the SEC’s charges by paying a $65,000 penalty that will be distributed to harmed investors. He will be barred from future association with any investment adviser.

“Contrary to his obligations as an investment adviser, Frishberg approved risky investment recommendations to his clients without ensuring that the risks and conflicts were properly disclosed,” said Rose Romero, Director of the SEC’s Fort Worth Regional Office. “Frishberg personally benefitted from the questionable investments that were recommended to his clients.”

According to the SEC’s complaint filed in federal district court in Houston, at least $11 million in promissory notes were issued by BizRadio and Kaleta Capital Management (KCM), which is owned by Frishberg’s associate Albert Fase Kaleta. Frishberg and Kaleta jointly controlled BizRadio.

The SEC charged Kaleta and his firm with fraud in 2009, and the court appointed a receiver to marshal the assets of KCM and relief defendants BizRadio and DFFS.

The SEC alleges that Frishberg authorized Kaleta to recommend the notes to DFFS clients, and clients were not provided with critical disclosures. Investors were not told of BizRadio’s poor financial condition and the likely inability of KCM and BizRadio to repay the notes. Nor were investors informed about Frishberg’s significant conflicts of interest in the note offerings because the proceeds funded his salary as a BizRadio talk show host.

The SEC alleges that Frishberg chose Kaleta to recommend the BizRadio notes even though he was aware of complaints about Kaleta’s lack of truthfulness in sales presentations regarding other investments.

The SEC’s complaint alleges that Frishberg violated Section 206(2) of the Investment Advisers Act of 1940 and aided and abetted violations of Sections 206(1) and 206(2) of the Advisers Act.

Without admitting or denying the SEC’s allegations, Frishberg consented to the entry of a permanent injunction against these violations and to pay a $65,000 penalty. Frishberg consented to the establishment of a fair fund for the distribution of his penalty to harmed investors, and agreed to be barred from association with any investment adviser or certain other registered entities.

# # #

For more information about this enforcement action, contact:

Rose Romero
Regional Director, SEC’s Fort Worth Regional Office
(817) 978-3821

Stephen J. Korotash
Associate Regional Director, SEC’s Fort Worth Regional Office
(817) 978-6490

WHAT DOES THIS MEAN?

Well for starters…those who lost a whole bunch of money and thought they might get it back…well think again.  Dan’s $65,000 penalty is a small price to pay for the $11 million fraud.  To be clear, I have not had any inside information, but I suspect that Dan’s out of money otherwise I suspect the SEC would have exacted a larger fine as part of their role is to protect the public.  Oh well…

CRIMINAL INDICTMENT ON THE HORIZON?

Rose Romero, Director of the SEC’s Fort Worth Regional Office stated, “Frishberg personally benefited from the questionable investments that were recommended to his clients.”  So does this mean that he could be the target of a criminal indictment?

So we are all clear, the SEC has NO CRIMINAL enforcement authority – only civil.  Therefore the actions of the SEC are likely the best they could get under the circumstances.  Effectively they squeezed blood out of the turnip and barred Dan from any role as an investment advisor.  Now regarding criminal…well, as I’m told the statue of limitations is longer for any criminal issues, so I suspect that the US Attorney, FBI or others may still be looking into this case and (my opinion here) it might hinge on what Dan does next.  For example, if Dan were to “man up” and quit his radio show where he is still huffing and puffing about his wisdom…he might avoid more consequences.  On the other hand…should he stay on the radio and continue his advice (although who would want to listen)…then there might be more interest in criminal charges.

My guess is that if there are enough folks who have been harmed by the talented Mr. Frishberg who complain to the US Attorney or FBI, perhaps law enforcement will find the wisdom and logic to continue to investigate Dan Frishberg and extract consequences more fitting with his crime (that he did not admit).

PUBLICITY

One thing that Dan Frishberg liked is publicity…in fact, it seemed he craved it.  Well, he’s getting what he liked as he’s being reported on in the Wall Street Journal and other major news outlets.  Wonder, and I’ve got to ask, if Maria Bartiromo is going to interview Dan “The Money Man” again…or if she has finally figured out that is was all smoke and mirrors?

WANT YOUR VOICE HEARD?

If you feel that your voice needs to be heard here are two US Attorney’s that could be contacted – one in the Southern District of Texas (Houston Area) and one in the Northern (Dallas).  I suspect the Houston US Attorney is the one who would have the most interest, but since the SEC in Fort Worth brought the charges…I’m providing both.

José Angel Moreno, US Attorney Houston
P.O. Box 61129
Houston, TX 77208
(713)567-9000

James T. Jacks, US Attorney Dallas
1100 Commerce Street, Third Floor
Dallas, TX 75242-1699
(214)659-8600

SHARE YOUR VOICE –

WHAT DO YOU THINK ABOUT THIS SEC OUTCOME?

Dan Frishberg – BizRadio: Salem Communications settles Lawsuit with Rehan Siddiqi

It’s been almost a year since the world that Rehan Siddiqi lived in was dramatically changed.  Kicked off a radio station that he was joyfully buying, he found himself embroiled in a meltdown of major proportions created by BizRadio’s leader Dan Frishberg – also known as “The Money Man” – although it would appear that Dan’s money to support BizRadio was nothing more than an elaborate scam.

As a refresher, Rehan Siddiqi had entered into an agreement to lease/purchase the former station that BizRadio was aired on in early January 2010.  Asia Vision took the air the first of January on what Rehan thought was their new home.  Dan Frishberg took BizRadio to another station – one that cost him less and seemed to be a solution for the financial failure he was experiencing.

ONE MONTH…that’s all it lasted.  Frishberg (now well documented) couldn’t meet the financial obligations on the new station (he had no credit) and the result – SIDDIQI WAS KICKED OFF HIS NEW STATION.

The result was a lawsuit filed by Rehan Siddiqi for $18 million in damages against multiple parties including but not limited to:  Dan Frishberg, Elisea Frishberg, and Salem Communications.

Today, now almost a year later, this new year is starting with some good news for Rehan Siddiqi.  From reliable sources, it appears that Salem Communications has settled their issue with Siddiqi and as a result – Salem Communications – is no longer a party to the lawsuit filed by Rehan Siddiqi / Asia Vision.  What are the terms of the settlement – I don’t know.  But, this settlement opens the door for one major step forward with respect Dan Frishberg and his issues with the SEC (which still seem to be unresolved – and a lot of folks are wondering why) that is the sale of the station can now move forward with the Siddiqi lawsuit settled.

To be clear – Siddiqi’s settlement with Salem Communications does not mean he has settled with Dan Frishberg or Elisea.  The lawsuit for tortious interference against them still stands – although collecting from Dan or his wife should Siddiqi win the suit might be difficult at best.

I suspect that, based on Tom Taylor’s efforts (the SEC Receiver) the sale of the station will move forward fairly quickly in early 2010.  Who will buy it?  That remains to be seen.  Salem is an obvious candidate as they expressed interest in the station.  Likewise, Siddiqi, at one time, was interested.  Either way, whom ever buys the station, it would appear that this chapter might soon come to an end.  For the investors, however, I don’t suspect that the money from the sale will come close to making you whole as you look at your losses.

THE NEW YEAR’S QUESTION:

With things now open to move forward with the sale of the station, what action is the SEC going to take with respect to Dan Frishberg?  There seems to be sufficient evidence that he was an active part in the defrauding of numerous investors – most of whom will not come close to getting their principle losses back.  Al Kaleta lost his license as an investment advisor.  Dan Frishberg, on the other hand, has not.  Why?

Frishberg – “The Money Man” brand – is expanding with the conversion of Salem Stations to talk business stations, so it seems that Dan buys his suits with kevlar material…as thus far nothing seems to stick to him when it comes to law enforcement – either his investment license (SEC authority) or criminal – FBI, US Attorney or others.  Perhaps 2011 will bring some resolution to this sad affair.

PRIOR POSTS ARE HERE:

https://chuckgallagher.wordpress.com/2010/02/12/biz-radio-and-rehan-siddiqi-when-the-dust-clears-will-siddiqi-be-a-victim-or-a-victor/

https://chuckgallagher.wordpress.com/2010/03/03/dan-frishberg-and-bizradio-slapped-with-18-million-lawsuit-rehan-siddiqi-and-asia-vision-strike-back/

Meanwhile – YOUR COMMENTS ARE WELCOME!

This is just NUN sense…A Sister arrested for stealing $1.2 million. Isn’t that like a Biblical no no Sister Marie E. Thornton?

Sometimes the choices we make just don’t add up.   Take the case of Sister Marie E. Thornton, a former vice president of finance for Iona College and a nun.  Sister Thornton was recently arrested on charges of embezzling more than $1.2-million from the Roman Catholic college over the course of 10 years.

What?  Yep…that’s right.  Arrested for embezzlement.  According to published reports, Federal prosecutors collaborated with the Department of Education in bringing the charges, which were announced by the U.S. Attorney’s Office in Manhattan in a news release.

According to the news release, Sister Thornton allegedly diverted college funds for her own use by turning in false vendor invoices for reimbursement and submitting credit-card bills for personal expenses to the college.

Iona College, in a statement, disputed the size of the theft, calling the $1.2-million figure “significantly inaccurate.”  Sorry, but I have to ask, is this just another attempt at a cover up by the Catholic organization?  In my personal experience, rarely have I seen the US Attorney’s office dramatically inflate the size of a crime.  But this might just be a bunch of nun sense anyway…

The college, located in New Rochelle, N.Y., had previously disclosed that it had fired an unidentified employee for misappropriating approximately $80,000 a year over a decade. Another employee thought to have been involved in covering up the fraud was also fired.

Iona said that it had taken immediate action after discovering a year and a half ago that an employee had misappropriated funds, and that it had conducted a follow-up investigation and put preventive procedures in place. The college also said it had recovered most of the missing money but declined to comment further.

Sister Thornton served as Iona’s vice president for finance and administration for roughly a decade, and she previously was assistant to the president for five years, according to the college’s financial documents. She holds a doctorate in educational administration from Fordham University and previously spent time as a teacher, a principal, and a deputy school superintendent.

BEHAVIOR QUESTION

With credentials out the wazoo…what do you suppose would motivate Sister Thornton to take such actions?  And, how do you suppose she was able to rationalize her behavior?

If you know Sister Thornton – please comment and lets establish a dialogue related to my questions above.

YOUR COMMENTS ARE WELCOME!

CNBC Features Dan Frishberg, an investment advisor who’s under investigation by the SEC? Where are CNBC’s Ethics and Standards?

Short – sweet and to the point.  What due diligence does CNBC do when selecting their guests for appearances on their shows?

According to their web site – CNBC is the recognized world leader in business news, providing real-time financial market coverage and business information to more than 340 million homes worldwide, including more than 95 million households in the United States and Canada. The network’s Business Day programming (weekdays from 5:00 a.m.- 7:00 p.m. ET) is produced at CNBC’s headquarters in Englewood Cliffs, N.J. CNBC also includes reports from its news bureaus worldwide in Midtown Manhattan, the NASDAQ MarketSite, Washington D.C., Chicago, Los Angeles, Palo Alto, London, Singapore and CNBC’s headquarters in Englewood Cliffs, N.J.

So help me understand – what would motivate CNBC to have Dan Frishberg on as a guest spouting off his investment advice and accumen when the same Daniel Frishberg is the subject of an SEC investigation into allegations of investment fraud.  BizRadio (Dan’s former company) has failed.  Investors have lost substantial sums.  Al Kaleta, his former partner, has had his investment license pulled.  And word on the street is Dan will be next in line to have his RIA license pulled.  Likewise, criminal investigators are reviewing Dan’s financial activities with no word yet on whether an indictment will be forthcoming.

Here’s the link for those who wish to see that when I say Dan Frishberg was on the show, I’m telling the truth.  CNBC Frishberg link

So…does CNBC do any due diligence related to who they feature on their program?  And if not, what ethical standards do their adhere to if they allow someone who is at the center of a scam/fraud investigation to continue to be a spokesman.

This reminds me of Bernie Madoff getting great press right before the fall.  Just ask the victims of Frishberg’s actions if they would trust him today with their money!  Perhaps defrauded investors might want to comment on Dan’s video giving others (at least) a heads up on the Scambus that rumbling down the track.

YOUR COMMENTS ARE WELCOME!

Is the BizRadio – Dan Frishberg Financial “Scambus” headed to 880 AM THE BIZ in Miami?

What’s happening in South Florida?  Looks like Dan Frishberg – the self-proclaimed “Money Man” is taking his show on the road seeking a new audience and perhaps one that isn’t as familiar with his financial shenanigans as the folks who lost millions in the Houston – Dallas, TX markets.

Most in TX know that Dan Frishberg’s side kick – Al Kaleta is in dutch with the SEC and banned from his role in investment advice and BizRadio.  Likewise, Dan Frishberg’s DFFS (Dan Frishberg Financial Services) was “sold” to Barrington Financial (what some have described as a straw puppet for Frishberg’s investment work) – yet DFFS is under the purview of the SEC Receiver Tom Taylor.  Many questions have been raised as to those (DFFS) assets.  And yes, Frishberg himself is subject to SEC scrutiny.

So below is a new release which appeared on November 19th.  See comments below:

MIAMI – One of the brightest voices in financial and investment strategies in America will soon be heard on South Florida’s only all business radio station, The Biz, at 880 on the AM radio dial.

ONE OF THE BRIGHTEST VOICES – really?  The subject to an SEC investigation and millions of dollars in investor losses makes one a “Bright Voice?”

Daniel Frishberg, principal of is well known to viewers of CNBC and Fox Business News, as a frequent commentator on Wall Street and global investing, having appeared more than 5 times on such programs as “Closing Bell with Maria Bartiromo” on CNBC and Your World With Neil Cavuto on Fox since 2003. Starting Nov. 1, Miamians will be able to get the same up-to-the-minute strategic advice in the comfort of their cars on the way to work. So why should they? Listen to “Radio Wall Street: The MoneyMan Report”? Because Dan Frishberg is a unique voice in the world of financial commentary and analysis.

I will be the first to say that I may be wrong, but it seems that most of the claimed fame happened before the world found out the truth about Dan.  Truth is Dan has yet to be transparent regarding his financial dealings with DFFS, BizRadio and his RIA association with Barrington.  Perhaps many would have a different opinion if you – DAN – would come out of the closet and share the truth about the funds of BizRadio and how you are going to make restitution to what appear to be defrauded investors.

For instance, he says people are “drowning in statistics, data, and numbers”. In theory, he says, the 24/7 reporting of the latest market data would help people made better, more timely decisions about how and where to invest or how to use their resources. But in the years since they started getting constant reports on employment, manufacturing, and GDP, he notes, most Americans have actually lost ground.

“Data is worth very little,” says Frishberg. “That’s the inescapable conclusion. When you know what everybody else knows, you know nothing. Insight, vision and strategy make you rich.” Dan Frishberg has become famous for his ability to gather, analyze it and draw useful conclusions from the flood of data, distilling it into advice that helps people make good investment decisions. Strategic investing is not really rocket science but even the engineers and scientists in Cocoa Beach need timely advice to do it right.

Some of the most famous and successful investors and strategists on the planet join Dan every morning, offering his listeners their best ideas – spotting major turning points, identifying short term moves and options trades. These are people who have made their fortunes and their reputations by recognizing that there is a play for every situation and knowing which ones to make.

This might be interesting or certainly make for an interesting show – Dan why don’t you address the BizRadio fiasco.  Perhaps a call in show for the world to hear might be appropriate and one that would get great ratings as I know the calls would be lined up from scamed investors who want some serious answers.

Regular listeners to “Radio Wall Street” hear from financial reporters like CNBC’s Mark Haines and Maria Bartaromo, Fox Business Channel’s Neil Cavuto, Jenna Lee and Cody Willard; investment strategists Jon Najarian, Jack Bouroudjian, and Herb Greenberg. Economists and strategists Dr. Arthur Laffer, Dr. John Rutledge, former Fed vice-chairman Alice Rivlin and Robert Reich, Bill Clinton’s secretary of labor, captains of industry like Steve Forbes and Jack Welch all come on the air with Dan Frishberg. They don’t just stop by when they have a book to tout. They take the time to open up, so “The Money Man Report” audience gets to hear what they really think. They come on his show because they respect his track record of seeing the trends before they become conventional wisdom and they enjoy talking with a man who really gets what’s going on in the global financial and business markets.

Dan Frishberg literally grew up on Wall Street, learning the ins and outs of the market from his grandfather on visits to the Stock Exchange floor as a child. He spent three years as a Marine machine gunner, learning discipline, then came home to work his way through college trading silver contracts.

In almost twenty years of broadcasting he has had the great good fortune to become friends with most all of the most famous, successful, creative, gifted financial and economic strategists of our generation.

“Life isn’t fair,” Frishberg says, “and the best of us also get all the breaks. My gift was to have fallen into a life where I spent tens of thousands of hours practicing and learning, surrounded by the very best and brightest, and studying at the very highest levels from the trading floor at Goldman Sachs to the floor of the Chicago Merc.

The “best of us also get all the breaks.”  That is a curious statement as it seems that the breaks have fallen Dan’s way and at the cost of millions for investors who would like to “catch a break!”

“Now my special gift is to use this unusual configuration of talents and skills with regular people who would never get near it any other way.”

“Radio Wall Street: The MoneyMan Report” airs from 8 am to 9 am daily [OR weekdays] on Miami’s THE BIZ 880 AM.

For an interview with Dan Frishberg contact:
Pamela Caddell
pcaddell@barringtonfinancial.com
713-748-9642

Perhaps it would be appropriate to schedule an interview with Dan – maybe Pamela could set that up.  Oh…and for my readers don’t think I haven’t tried.  But of course, Dan’s far to smart than to give an interview to me – after all, I might ask some hard questions – questions he apparently doesn’t want to answer.

BUT IF YOU HAVE QUESTIONS…SUBMIT THEM HERE AND I PROMISE I’LL TRY TO GET SOME ANSWERS.