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Tulsa men sentenced in stock-fraud conspiracy case
Court Watch | 2010/11/01 13:27

Two Tulsa men were sentenced Friday to lengthy prison terms after being found guilty in a multi-million dollar stock-fraud conspiracy, however a federal judge opted not to put them behind bars for life as he could have under applicable sentencing guidelines.

George David Gordon, 48, was ordered by U.S. District Judge James Payne to serve 15 years and 8 months in prison while Richard “Rick” Clark, 62, was given a 12 year, seven-month term.

Both men will be expected to contribute towards more than $6.1 million in restitution and to serve three years under court supervision after their eventual release from prison.

Payne had already issued a written order that contained a criminal forfeiture judgment against Gordon and Clark for more than $43.9 million.

The amount--specifically $43,927,809.95---is meant to represent stock sale proceeds traceable to the conspiracy that the jury found existed when it returned its guilty verdict, which was reached on May 3.

Also in the same Sept. 15 order, Payne entered another criminal forfeiture judgment against Gordon for more than $2.7 million, an amount related to a wire fraud charge of which Gordon was also convicted.

Gordon and Clark were among five men who were indicted in the case Jan. 15, 2009. They were accused of plotting from 2004 through 2006 to “pump up” the stock of three companies and then dump the stocks quickly at the expense of investors.

The two also were convicted of related crimes such as wire fraud, securities fraud and money laundering, although Clark was found not guilty of several counts, as well.

Gordon also was found guilty of obstructing justice and making a false statement in a matter within the jurisdiction of the U.S. Securities and Exchange Commission.

Federal sentencing guidelines would have allowed Payne to sentence Gordon and Clark to life in prison. However, Payne announced Friday that he would vary from the span recommended under the guidelines, which are advisory and not mandatory, Payne pointed out that following the originally recommended guideline punishment would have resulted in the two receiving a sentence greater than is often imposed in the nation’s courts for violent and or deadly crimes.

Even in the universe of financial crimes, Payne pointed out that major figures in the WorldCom and Enron scandals did not receive life sentences.

While Payne said the offenses of which Gordon and Clark were convicted were serious, he said they were simply “not in the same league” as the WorldCom and Enron scandals, both of which shook the financial markets.

Clark said nothing to the court during his Friday afternoon sentencing hearing. However, Gordon did apologize during his separate Friday morning hearing to his family as well as to any investors who have experienced “anguish and pain” due to his actions and to the Oklahoma Bar Association.



KC company owner charged with securities fraud
Court Watch | 2010/11/01 13:26

A Missouri business owner who claimed his company had assets that would make it the second biggest corporation in America has been charged with securities fraud and aggravated currency structuring.

Federal prosecutors said Wednesday that Petro America Corp., owned by Isreal Owen Hawkins, had no income other than investor money, no prospects for fulfilling its promises and only one full-time employee -- Hawkins. And instead of being worth more than $284 billion, as Hawkins claimed, Petro America's interests in gold mines and oil trading operations were worthless, investigators said.

"A federal criminal complaint alleges that Petro America was an empty facade of a business run by deception and false promises," U.S. Attorney Beth Phillips said Wednesday at a news conference. "Petro's founder is charged with defrauding unwary investors by selling them worthless stock in order to support his lavish lifestyle."

The criminal action comes on the heels of a civil complaint filed Friday seeking seizure of bank accounts and luxury items from Hawkins and other "unindicted co-conspirators."

Phillips didn't say Wednesday whether anyone else would be charged in the case.

Prosecutors said Hawkins, 55, of Kansas City, Kan., started selling unregistered stock to investors in 2008 at a cost of $100 per 100,000 shares, promising them that "book value" of the stock would be $2 per share when the company went public.



Enron's Skilling Seeks Retrial; U.S. Asks to Uphold Verdicts
Topics in Legal News | 2010/11/01 13:26

Jeffrey Skilling, the former Enron Corp. chief executive officer convicted of leading a fraud that destroyed the world’s largest energy trader, is seeking a new trial over government objections.

A three-judge panel of the New Orleans appellate court is reviewing verdicts today against Skilling after the U.S. Supreme Court determined in June that prosecutors used an invalid legal theory to convict him.

Skilling is serving a 24-year sentence in a Colorado federal prison after he and former Enron Chairman Kenneth Lay were found guilty of deceiving investors about the company’s true financial condition.

“The court doesn’t act as a 13th juror” to decide Skilling’s guilt or innocence, his lead lawyer Daniel Petrocelli told the panel. “If the trial record contains evidence on which a rationale juror could’ve acquitted, that count must be reversed. Here, the record is filled with acquittal evidence.”



Cablevision Customers File $450 million Class Action Lawsuit
Headline Legal News | 2010/11/01 13:23

The impasse between Cablevision and Fox over retransmission consent was bound to produce a class-action lawsuit.

A group of New York customers filed one Thursday in federal court in New York, arguing that the cable company has an obligation to give its customers rebates for depriving them of Fox News, Glee, House, The Simpsons, New York Giants football, the Major League Baseball postseason and other content.

The plaintiffs are asking for about $450 million in damages, which is about the equivalent of one month's cable bill for the company's 3 million subscribers. Here's the complaint.

This isn't the first time that Cablevision has faced a class action after channels were pulled. A suit was filed this year after HGTV and Food Network were removed from the dial, but it went nowhere because Cablevision soon came to an agreement that restored service.

In that lawsuit, plaintiffs argued that Cablevision had breached its contract with customers by making a "material change" of its service.



Lenders Likely to Face Class Action Lawsuits Over Foreclosures
Court Watch | 2010/11/01 13:21

U.S. lenders already facing intense scrutiny from lawmakers and regulators over questionable foreclosure practices will likely face class-action lawsuits on behalf of thousands of homeowners nationwide.

Bruce Simon, a class-action attorney with Pearson Simon Warshaw & Penny LLP in San Francisco, said a filing from his firm is imminent, while two other prominent firms said they were also exploring filing class-actions.

So far, most of the courtroom activity over reports of shoddy documents used by lenders in foreclosure proceedings has come in the form of defenses mounted by individual homeowners, or limited class actions filed in state courts.

However, a lawsuit on behalf of homeowners nationwide could seek a court order that would suspend foreclosures much more broadly, class-action lawyers said.

"We are all hands on deck at the moment,'' said Simon of Pearson Simon Warshaw & Penny.

Another firm, Lieff Cabraser Heimann & Bernstein LLP, in San Francisco, is set to decide "within the next two weeks'' whether to file a lawsuit, according to Eric Fastiff, a partner there. He said the firm, which is on the steering committee for BP Plc oil spill litigation and also plays a leading role in lawsuits against Toyota Motor Corp over acceleration problems, currently has five attorneys and two paralegals assigned to the foreclosure issue.



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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
 
 
 

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