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Texan indicted in alleged $17M securities fraud
Court Watch | 2010/12/15 23:28

A Houston man already facing federal charges in Virginia for his role in an alleged life insurance scam has been indicted by a federal grand jury in Texas.

The U.S. Attorney's Office in Dallas said Wednesday that Adley Husni Abdulwahab was indicted on five counts of securities fraud and one count of conspiracy in connection with an alleged $17 million investment scam.

Two co-defendants in the case have pleaded guilty to a single count of securities fraud and face up to five years in prison.

Abdulwahab remains in custody in the Eastern District of Virginia for his alleged role in an alleged $100 million life insurance scam and couldn't be reached for comment. Federal court records do not list an attorney for Abdulwahab in the Texas matter.



BofA sues insurer of failed mortgages
Court Watch | 2010/11/11 05:45

U.S. lender Bank of America says it is owed $160 million on unpaid insurance claims made on failed mortgages, court papers say.

In a lawsuit filed in Charlotte, N.C., the banking giant says Old Republic Insurance Co. has denied "thousands" of valid claims and is making excuses not to cover them.

The lawsuit says from 2009 to 2010 claims honored by Old Republic fell 75 percent. Old Republic, in turn, said it was turning down claims with inadequate paperwork, The Charlotte Observer reported Thursday.

With Bank of America already caught in a controversial review of foreclosures brought on by numerous court challenges over flawed documents, "This is just another phase of the crisis," said Keith Gumbinger, vice president of mortgage analysis at HSH Associates.

Bank of America said faulty paperwork has "nothing to do" with the reason Old Republic is failing to honor mortgages it insures.

BofA says it continues to pay Old Republic's premium of $870,000 each month to cover "a percentage" of its loans.



MannKind stock falls after news of Afrezza lawsuit
Court Watch | 2010/11/08 10:22

Valencia biotech firm MannKind Corp.'s stock fell 11% Thursday after reports that a former senior manager said he had uncovered potentially serious problems with clinical trials of the company's experimental insulin inhaler.

The Food and Drug Administration is reviewing the Afrezza inhaler and is expected to make a decision Dec. 29 on whether to approve it.

The former MannKind manager, John Arditi, filed a lawsuit against the company in New Jersey Superior Court, saying he was wrongfully fired after internal audits he conducted in November 2009 uncovered "potential fraud and scientific misconduct" involving Afrezza clinical trial data. The lawsuit, which was filed in September, was first reported on TheStreet.com.

Arditi, who worked in a MannKind facility in New Jersey, said in the lawsuit that he urged his superiors at the firm to report his findings to the FDA but that the company refused because "if the FDA was notified of these concerns, it might delay approval" of the inhaler.

MannKind addressed the lawsuit in its most recent quarterly earnings report, stating that the company had completed an internal investigation into Arditi's claims and had hired an outside firm to conduct an independent investigation.

"Neither investigation found any basis for his claims," MannKind said. "The company believes that the allegations in the complaint are without merit and intends to defend against them vigorously."

Matthew J. Pfeffer, MannKind's corporate vice president, said the company was working on a legal response to the lawsuit. MannKind has until Dec. 3 to file its response in court, Pfeffer said.

MannKind has yet to share with the FDA the findings of its internal investigation or of the independent investigation, he said.



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.



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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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