This document provides an introduction to a case involving alleged fraudulent activity by Lennar Corporation. It summarizes that Lennar entered into a joint venture agreement in 1997 to develop a property, but in 1999 wired the entire $37.5 million capital contribution from the other partner to one of Lennar's subsidiaries, violating the agreement. It notes Lennar's pattern of lawsuits against smaller partners and accusations that it uses litigation to delay payments and intimidate opponents.
The document analyzes three cash payments made by a Cydia executive, Mr. Wang Zhang, related to Cydia securing a deal with China Mobile Limited (CML). The first payment to the CEO of a state-owned telecom raises FCPA issues as it was made to influence and secure the deal. The second payment to the videogame company run by the CEO's wife also likely violates the FCPA. The third payment as a charitable donation raises issues as it was made in exchange for exemptions and approvals helpful to the deal. Overall, the memo concludes the payments were likely intended to improperly influence foreign officials and secure the deal, and thus probably violate the anti-b
The document discusses perspectives on how and when the US may regulate online gambling. It summarizes the views of various experts and professionals in the online gambling industry. There is no consensus on whether regulation will occur at the federal or state level, but most agree that some regulation is inevitable and will likely begin at the state level. Opinions vary on timing, with estimates ranging from regulation in some states within a year to the possibility of no federal legislation ever being passed.
The Unlawful Internet Gambling Enforcement Act - UIGEA - RulesRoss D. Blankenship
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) by Michael J. Blankenship (Attorney). Detailed analysis of the UIGEA and its affects on poker and online gaming including fantasy sports, betting, and the poker world. Michael J. Blankenship is an attorney at Vinson Elkins, and also an advisor to Angel Kings (http://angelkings.com) - which is a startup fund investing in America's next top startups.
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) was added to Title VIII to the SAFE Port Act - located at 31 U.S.C. §§ 5361–5367. The UIGEA also is related to the Federal Wire Act - as well as new issues with Fantasy Sports leagues.
The debt ceiling debate is hurting the fragile housing market by increasing uncertainty and potentially driving up interest rates. If lawmakers fail to raise the debt ceiling, it could cause investors to lose faith in US Treasury bonds and mortgage-backed securities. This could lead interest rates on home loans and other products to rise, restricting buyers' ability to qualify for mortgages and further damaging the housing recovery. Top investors and business leaders are pressuring Congress to resolve the issue to avoid negatively impacting consumer confidence and the broader economy.
Please also find attached our Real Estate Supplement. In it you will read about how issuance of bonds backed by commercial properties is on track to beat last year's supply and yield premiums for bonds backed by commercial property loans have narrowed. Also, Jefferies CMBS veteran Lisa Pendergast says she expects CMBS spreads to narrow by year end, while Fannie Mae economists Douglas Duncan and Patrick Simmons argue that a slowdown in the growth of the labor force suggests more modest prospects for the demand for new housing and construction. Emile J. Brinkmann, the chief economist of the Mortgage Bankers Association of America, probes how state regulations will affect the pace of foreclosures and delinquencies. Nicolas Retsinas of Harvard’s Joint Center for Housing has some advice for lawmakers on GSE reform and Donald Trump offers a characteristically confident view that the recovery in real estate. If you have any comments or feedback for future real estate issues please contact arozens@bloomberg.net.
Mortgage scammers on the rise in americakhadijahtgo
Mortgage scams are on the rise in America, with several high-profile cases emerging recently. Anvil Mortgage Bank collected over $7 million in application fees from 2001-2003 by falsely promising to provide mortgages without credit checks. In another case, Sean Zauser and others agreed to pay $18.8 million for scamming struggling homeowners seeking mortgage modifications. Mortgage fraud rings involving inflated loan applications and kickbacks have also been prosecuted. Experts warn that equity stripping, phantom help, and bait-and-switch schemes are becoming more common, targeting desperate homeowners.
IP Institute Presentation on Internet LawBennet Kelley
This document summarizes key issues in internet law in 2013. It discusses the scope of immunity for interactive computer services under Section 230 of the Communications Decency Act and exceptions carved out by courts. It also covers ongoing debates around net neutrality and efforts by states to require online retailers to collect sales taxes. Emerging issues include new generic top-level domains, regulatory approaches to sharing economy businesses, copyright enforcement by ISPs and networks, and the 10th anniversary of CAN-SPAM legislation.
The document analyzes three cash payments made by a Cydia executive, Mr. Wang Zhang, related to Cydia securing a deal with China Mobile Limited (CML). The first payment to the CEO of a state-owned telecom raises FCPA issues as it was made to influence and secure the deal. The second payment to the videogame company run by the CEO's wife also likely violates the FCPA. The third payment as a charitable donation raises issues as it was made in exchange for exemptions and approvals helpful to the deal. Overall, the memo concludes the payments were likely intended to improperly influence foreign officials and secure the deal, and thus probably violate the anti-b
The document discusses perspectives on how and when the US may regulate online gambling. It summarizes the views of various experts and professionals in the online gambling industry. There is no consensus on whether regulation will occur at the federal or state level, but most agree that some regulation is inevitable and will likely begin at the state level. Opinions vary on timing, with estimates ranging from regulation in some states within a year to the possibility of no federal legislation ever being passed.
The Unlawful Internet Gambling Enforcement Act - UIGEA - RulesRoss D. Blankenship
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) by Michael J. Blankenship (Attorney). Detailed analysis of the UIGEA and its affects on poker and online gaming including fantasy sports, betting, and the poker world. Michael J. Blankenship is an attorney at Vinson Elkins, and also an advisor to Angel Kings (http://angelkings.com) - which is a startup fund investing in America's next top startups.
The Unlawful Internet Gambling Enforcement Act of 2006 (UIGEA) was added to Title VIII to the SAFE Port Act - located at 31 U.S.C. §§ 5361–5367. The UIGEA also is related to the Federal Wire Act - as well as new issues with Fantasy Sports leagues.
The debt ceiling debate is hurting the fragile housing market by increasing uncertainty and potentially driving up interest rates. If lawmakers fail to raise the debt ceiling, it could cause investors to lose faith in US Treasury bonds and mortgage-backed securities. This could lead interest rates on home loans and other products to rise, restricting buyers' ability to qualify for mortgages and further damaging the housing recovery. Top investors and business leaders are pressuring Congress to resolve the issue to avoid negatively impacting consumer confidence and the broader economy.
Please also find attached our Real Estate Supplement. In it you will read about how issuance of bonds backed by commercial properties is on track to beat last year's supply and yield premiums for bonds backed by commercial property loans have narrowed. Also, Jefferies CMBS veteran Lisa Pendergast says she expects CMBS spreads to narrow by year end, while Fannie Mae economists Douglas Duncan and Patrick Simmons argue that a slowdown in the growth of the labor force suggests more modest prospects for the demand for new housing and construction. Emile J. Brinkmann, the chief economist of the Mortgage Bankers Association of America, probes how state regulations will affect the pace of foreclosures and delinquencies. Nicolas Retsinas of Harvard’s Joint Center for Housing has some advice for lawmakers on GSE reform and Donald Trump offers a characteristically confident view that the recovery in real estate. If you have any comments or feedback for future real estate issues please contact arozens@bloomberg.net.
Mortgage scammers on the rise in americakhadijahtgo
Mortgage scams are on the rise in America, with several high-profile cases emerging recently. Anvil Mortgage Bank collected over $7 million in application fees from 2001-2003 by falsely promising to provide mortgages without credit checks. In another case, Sean Zauser and others agreed to pay $18.8 million for scamming struggling homeowners seeking mortgage modifications. Mortgage fraud rings involving inflated loan applications and kickbacks have also been prosecuted. Experts warn that equity stripping, phantom help, and bait-and-switch schemes are becoming more common, targeting desperate homeowners.
IP Institute Presentation on Internet LawBennet Kelley
This document summarizes key issues in internet law in 2013. It discusses the scope of immunity for interactive computer services under Section 230 of the Communications Decency Act and exceptions carved out by courts. It also covers ongoing debates around net neutrality and efforts by states to require online retailers to collect sales taxes. Emerging issues include new generic top-level domains, regulatory approaches to sharing economy businesses, copyright enforcement by ISPs and networks, and the 10th anniversary of CAN-SPAM legislation.
This document summarizes online privacy and advertising law developments from 2012-2014. It discusses the FTC sending information requests to data brokers in 2012 and a commissioner calling for a comprehensive do-not-track system. Subsequent events include an FTC sting of data brokers, debates around do-not-track, and California passing privacy legislation. The document also covers FTC workshops on big data and mobile device tracking, updates to FTC disclosure guidelines, and native advertising. Additionally, it summarizes the Amazon tax debate and various enforcement actions.
This document provides a summary of the key legal aspects one must consider when setting up an online casino or gambling website. It outlines 8 aspects: 1) understanding laws based on one's nationality; 2) choosing the best jurisdiction, with Costa Rica recommended; 3) implications of target markets and games; 4) best location for servers; 5) suitable corporate structure; 6) applying for a gambling license; 7) dealing with payment options; and 8) launching the website. The document is intended to give entrepreneurs an overview of the process before undertaking this complex endeavor.
TIME Magazine names 25 People To Blame For The Financial CrisisWayne Caswell
Homeowners of Texas (HOT) compiled the following TIME articles to provide insight into causes of the financial crisis. The authors did an outstanding job, but we contend they put too much blame on Wall Street and mortgage-backed derivatives. Some of the nation’s largest homebuilders were culprits too.
With a lack of accountability and minimal risk of lawsuits, the builders’ strong profit incentives prompted them to cut corners with substandard materials and workmanship, cover-up known defects and code violations, artificially inflate property appraisals, make risky loans, and then resell the loans to unsuspecting investors who did not understand the risks. That’s why we say companies building substandard homes share blame with those making subprime loans.
- Detroit won a commitment from Barclays for $275 million in financing to fund its exit from bankruptcy, if a judge approves its debt-cutting plans.
- The money from Barclays would pay off previous borrowing, creditors, and help revitalize the city.
- Detroit filed for bankruptcy unable to provide services and meet financial obligations due to decades of economic and population decline. It has since cut deals to reduce its $18 billion in liabilities.
The document discusses issues with the US home mortgage system, including the high number of homeowners who owe more than their home is worth or are delinquent on payments. It notes that Fannie Mae and Freddie Mac are urging struggling homeowners not to default, but also threatening consequences. It then describes services offered to help homeowners negotiate mortgage reductions through forensic loan audits to identify lender violations, which can strengthen the homeowner's position. Key details include fees for these services and how the mortgage reduction process works.
The Dodd-Frank Act introduced significant new regulations for the mortgage industry after the 2008 financial crisis. It created the Consumer Financial Protection Bureau to oversee regulations and required lenders to provide more documentation and follow stricter procedures, lengthening the mortgage process. While intended to protect consumers, some argue it has gone too far. Lenders have spent significant time and money adapting to the changes, and quick home purchases are no longer possible. Experts believe adjustments will still be needed to balance consumer protection and an efficient mortgage market.
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
InstructionsBased on the theories you have learnt, write a two-cooperapleh
Instructions:
Based on the theories you have learnt, write a two-page (double spaced) paper on the case provided to you. It will help you evaluate your knowledge of the concepts you are expected to have learnt at the end of this module. It will help you describe theories and apply them to real life situations.
Your paper should discuss the elements of crime and recognize the origins of criminal behavior depicted in this case. Using two different views of crime and two different explanations of crime in the context of different criminological schools of thought, explain what crimes Florida Republican Sen. Marco Rubio was referring to as ‘dirty money”.
Article:
In a move with significant implications for the U.S. housing market, Florida Republican Sen. Marco Rubio is seeking to take a Treasury Department crackdown on dirty money in luxury real estate and expand it from a few high-priced enclaves to the entire nation.
Rubio says his proposal is an attempt to root out criminals who use illicit funds and anonymous shell companies to buy homes — a form of money laundering that hides the cash’s tainted origin from law enforcement and banks. The widespread practice enables terrorism, sex trafficking,corruption, and drug dealing by providing an outlet for dirty cash, according to transparency advocates.
Through an amendment to an unrelated major spending bill, Rubio will ask Treasury to study whether government regulators should force shell companies that buy homes priced at $300,000 or more in cash nationwide to disclose their owners. That could be a figure as high as 10 percent of the nation’s real-estate deals.
A similar reporting requirement affecting transactions priced at $1 million or more has already had a chilling effect on all-cash corporate sales in Miami-Dade County, which has been under Treasury’s microscope since 2016.“Shell companies involved in shady activities are a big problem, especially throughout South Florida,” Rubio said in a statement to McClatchy and the Miami Herald. “With this provision, a study would be conducted to look at requiring all shell companies that make cash transactions, regardless of their area, to disclose their identities.”
The amendment builds on a previous Treasury disclosure order that applied only to certain markets, including South Florida.
That order — which forced shell companies buying homes with cash to reveal their true owners to the government — has been in place in some areas since March 2016 at various price points. Its effects were immediate and stunning. As soon as the order took hold, shell companies buying homes with cash dropped off the map, a recent study by academic economists found. In Miami- Dade, the number of corporate cash sales plummeted 95 percent, although a strong overall market suggests creative buyers found ways to circumvent the rules, researchers said.
Before the crackdown, corporate cash sales accounted for roughly a third of home-sale volume in Miami-Dade, which is ...
862018 Rubio plans national crackdown on real estate money l.docxsleeperharwell
8/6/2018 Rubio plans national crackdown on real estate money laundering | Miami Herald
https://www.miamiherald.com/news/politics-government/article215762120.html 1/13
POLITICS
Crackdown on dirty money shook Miami real estate.
Now, Rubio wants to take it national
WASHINGTON —
BY KEVIN G. HALL AND NICHOLAS NEHAMAS
[email protected]
[email protected]
July 31, 2018 07:00 AM
Updated July 31, 2018 11:55 AM
In a move with significant implications for the U.S. housing market, Florida
Republican Sen. Marco Rubio is seeking to take a Treasury Department crackdown on dirty
money in luxury real estate and expand it from a few high-priced enclaves to the entire nation.
Rubio says his proposal is an attempt to root out criminals who use illicit funds and anonymous
shell companies to buy homes — a form of money laundering that hides the cash’s tainted origin
from law enforcement and banks. The widespread practice enables terrorism, sex trafficking,
Privacy - Terms
https://www.miamiherald.com/news/politics-government/
mailto:[email protected]
mailto:[email protected]
https://www.google.com/intl/en/policies/privacy/
https://www.google.com/intl/en/policies/terms/
8/6/2018 Rubio plans national crackdown on real estate money laundering | Miami Herald
https://www.miamiherald.com/news/politics-government/article215762120.html 2/13
corruption, and drug dealing by providing an outlet for dirty cash, according to transparency
advocates.
Through an amendment to an unrelated major spending bill, Rubio will ask Treasury to study
whether government regulators should force shell companies that buy homes priced at $300,000
or more in cash nationwide to disclose their owners. That could be a figure as high as 10 percent
of the nation’s real-estate deals.
A similar reporting requirement affecting transactions priced at $1 million or more has already
had a chilling effect on all-cash corporate sales in Miami-Dade County, which has been under
Treasury’s microscope since 2016.
Latest news by email
The afternoon's latest local news
Enter Email Address
“Shell companies involved in shady activities are a big problem, especially throughout South
Florida,” Rubio said in a statement to McClatchy and the Miami Herald. “With this provision, a
study would be conducted to look at requiring all shell companies that make cash transactions,
regardless of their area, to disclose their identities.”
The amendment builds on a previous Treasury disclosure order that applied only to certain
markets, including South Florida.
That order — which forced shell companies buying homes with cash to reveal their true owners to
the government — has been in place in some areas since March 2016 at various price points. Its
effects were immediate and stunning. As soon as the order took hold, shell companies buying
homes with cash dropped off the map, a recent study by academic economists found. In Miami-
Dade, the number of corporate cash sales plummeted 95 percent, although a strong overa.
SEC charges Corporate Attorney and Wall Street trader in US$32 million inside...Andres Baytelman
The SEC charged a corporate attorney and Wall Street trader with insider trading involving confidential information from at least 11 mergers and acquisitions. The attorney accessed information from his law firm involving clients and tipped off a middleman, who passed the information to the trader. Through an illegal scheme using disposable phones and cash withdrawals, they obtained nearly $32 million in illicit profits. In a parallel criminal case, both individuals were arrested by the U.S. Attorney's Office for insider trading violations.
JOBS Act Rulemaking Comments on SEC File Number S7-11-13 Dated July 26, 2014Jason Coombs
The letter is from the co-founder and CEO of Public Startup Company to the SEC regarding Title IV of the JOBS Act and Regulation A+. It argues that Title IV must preempt state securities regulation to allow direct investment between individuals and restore freedom of communication and equity investment relationships. It criticizes the SEC for failing to enact JOBS Act rules as mandated by Congress and for investigating the company when it tried to use Regulation D Rule 506(c). The letter urges the SEC to stop aiding banks and declare all people as equity-worthy to establish a viable market for Regulation A+ securities.
The document discusses a program to stimulate bank lending and small business growth through the use of UCC insurance. It notes that commercial loan delinquencies, charge-offs, and losses grew significantly from 2006 to 2009, representing billions in losses. Industry experts estimate that 30% of future defaulted loans, representing $31 billion, will involve documentation errors that cause the lender to lose lien priority and collateral. UCC insurance could help avoid $25 billion of these losses by protecting lien perfection and priority. The document recommends legislation requiring independent verification of security interests over $2 million and urges use of UCC insurance to manage commercial loan risk and maximize recoveries.
The document discusses a program to stimulate bank lending and small business growth through the use of UCC insurance. It notes that commercial loan delinquencies, charge-offs, and losses grew significantly from 2006 to 2009, representing billions in losses. Industry experts estimate that 30% of defaulted loans over the next three years, representing $31.11 billion, will have documentation errors that cause the lender to lose lien priority and collateral. UCC insurance could help avoid $24.88 billion in losses by protecting lien perfection and priority. The document suggests legislative language requiring third-party verification of security interests over $2 million to improve loan quality and encourage lending.
During the recently completed third quarter of 2017, the Department of Justice resolved one matter and the Securities and Exchange Commission resolved two matters. While this was a slow quarter in terms of the number of enforcement actions, the financial impact was significant as the Telia global settlement involved financial penalties and disgorgement of approximately $965 million to be allocated between U.S., Dutch, and Swedish authorities.
Mortgage fraud is a growing problem in the United States, with reported cases increasing by 30% in 2007. California ranks 4th among states for reported mortgage fraud cases. Victims of mortgage fraud include families who have lost homes to foreclosure, as well as senior citizens and lower-income borrowers who are placed into inappropriate loans. Homeowners can fight wrongful foreclosure by attending foreclosure sale dates, obtaining forensic mortgage document audits to detect any fraud, and reporting any suspicious activity to law enforcement.
In a speech following the September 11, 2001, terrorist attacks and in the midst of the accompanying U.S. recession, Federal Reserve Chairman Alan Greenspan made a declaration that turned the world of the investment bankers upside down. Greenspan declared that the FOMC (Federal Open Markets Committee) stood prepared to maintain a highly accommodative policy stance for as long as needed to promote satisfactory economic performance. Translated from central banker speak, what Greenspan meant is that he is willing to inflate the money supply and hence lower interest rates for as long as necessary to “revive” the economy and repair it from the shock it received on that fateful day. What this meant for investors in the U.S. Treasury bond market is that they were not going to make any money on U.S. treasury securities for a very long time. Smart investors, diverted from the bond market, scanned Wall Street for a similar low-risk, high-return investment that could take the place of U.S. Treasury securities, and they fell in love with residential mortgages. On September 18, 2008, after months of economic anxiety and several massive bailouts of distressed firms by the government, the stock market had its largest single-day drop since September 11, 2001. Officials and commentators declared an economic emergency and moved on two fronts. The Department of the Treasury and Federal Reserve Board ("Fed") dusted off a 1932 statute and invoked the Fed's authority to stabilize failing firms by lending them money, although some were allowed to fail.
Whistleblowers revealed that Bank of America defrauded homeowners and engaged in a cover up with the help of regulators. Bank of America's foreclosure review process was overwhelmed by widespread and systematic abuses. The bank's poor IT systems made proper reviews impossible. Regulators turned a blind eye as Bank of America fabricated documents and covered up its wrongdoing during the supposed independent foreclosure reviews.
Philadelphia Inquirer-A very Costly Move, 3.11.01Maurice Mitts
1) A wire transfer of $1.7 million meant for Pioneer Commercial Funding Corp. was mistakenly deposited in another company's account at CoreStates Bank. When Pioneer asked for the money to be returned, CoreStates refused, freezing the account.
2) Pioneer sued CoreStates to recover the $1.7 million. During the trial, documents revealed that CoreStates' lawyers had aggressively pursued retaining the money and obstructed the release of information.
3) The jury ordered CoreStates, which later became First Union Bank, to pay Pioneer $352.7 million in damages, including the largest punitive damages award against a bank in Pennsylvania history.
Mortgage fraud is one of the fastest growing crimes in the United States, with three categories including fraud for housing, fraud for profit, and fraud for criminal enterprise. Fraud for profit schemes involve multiple industry professionals inflating property values and creating fake credit profiles for profit. Measuring risk in the housing market is difficult and often leads to underestimating risk in booms and overestimating it in recessions, contributing to issues.
1) Juan Jose Perez hatched an elaborate foreclosure rescue scheme in California, pretending to be a lender and scamming hundreds of struggling homeowners out of up to $1.2 million in advance fees.
2) One of Perez's victims was Jose Serrano, a dump truck driver who was facing foreclosure after falling behind on his adjustable rate mortgage payments. Serrano was sent documents by Perez's company that falsely stated his loan had been modified.
3) Prosecutors have charged Perez and seven others in his operation with grand theft, money laundering, and conspiracy for their rescue scam. Perez has fled to Mexico and prosecutors are seeking his extradition. The case highlights the proliferation of scams that
This document summarizes some frequently asked ethics questions regarding client trust accounts. It provides concise answers to questions about determining if a financial institution is approved to hold trust accounts, how to handle payments that contain both earned and advance fees, what to do with excess funds paid by a third party, and whether fees due to another attorney under a division of fees agreement can be held in a lawyer's trust account. The summary addresses key issues lawyers often have about complying with rules regarding proper handling of client funds.
This document summarizes online privacy and advertising law developments from 2012-2014. It discusses the FTC sending information requests to data brokers in 2012 and a commissioner calling for a comprehensive do-not-track system. Subsequent events include an FTC sting of data brokers, debates around do-not-track, and California passing privacy legislation. The document also covers FTC workshops on big data and mobile device tracking, updates to FTC disclosure guidelines, and native advertising. Additionally, it summarizes the Amazon tax debate and various enforcement actions.
This document provides a summary of the key legal aspects one must consider when setting up an online casino or gambling website. It outlines 8 aspects: 1) understanding laws based on one's nationality; 2) choosing the best jurisdiction, with Costa Rica recommended; 3) implications of target markets and games; 4) best location for servers; 5) suitable corporate structure; 6) applying for a gambling license; 7) dealing with payment options; and 8) launching the website. The document is intended to give entrepreneurs an overview of the process before undertaking this complex endeavor.
TIME Magazine names 25 People To Blame For The Financial CrisisWayne Caswell
Homeowners of Texas (HOT) compiled the following TIME articles to provide insight into causes of the financial crisis. The authors did an outstanding job, but we contend they put too much blame on Wall Street and mortgage-backed derivatives. Some of the nation’s largest homebuilders were culprits too.
With a lack of accountability and minimal risk of lawsuits, the builders’ strong profit incentives prompted them to cut corners with substandard materials and workmanship, cover-up known defects and code violations, artificially inflate property appraisals, make risky loans, and then resell the loans to unsuspecting investors who did not understand the risks. That’s why we say companies building substandard homes share blame with those making subprime loans.
- Detroit won a commitment from Barclays for $275 million in financing to fund its exit from bankruptcy, if a judge approves its debt-cutting plans.
- The money from Barclays would pay off previous borrowing, creditors, and help revitalize the city.
- Detroit filed for bankruptcy unable to provide services and meet financial obligations due to decades of economic and population decline. It has since cut deals to reduce its $18 billion in liabilities.
The document discusses issues with the US home mortgage system, including the high number of homeowners who owe more than their home is worth or are delinquent on payments. It notes that Fannie Mae and Freddie Mac are urging struggling homeowners not to default, but also threatening consequences. It then describes services offered to help homeowners negotiate mortgage reductions through forensic loan audits to identify lender violations, which can strengthen the homeowner's position. Key details include fees for these services and how the mortgage reduction process works.
The Dodd-Frank Act introduced significant new regulations for the mortgage industry after the 2008 financial crisis. It created the Consumer Financial Protection Bureau to oversee regulations and required lenders to provide more documentation and follow stricter procedures, lengthening the mortgage process. While intended to protect consumers, some argue it has gone too far. Lenders have spent significant time and money adapting to the changes, and quick home purchases are no longer possible. Experts believe adjustments will still be needed to balance consumer protection and an efficient mortgage market.
TO KNOW THERE IS INJUSTICE AND BE SILENT, IS INJSUTICE; PROSECUTORIAL MISCONDUCT, PROSECUTOR MISCONDUCT, WILLIE GENE WOODARD, PHOENIX, ARIZONA, KEVIN RAPP, MONICA KLAPPER, JUDGE ROSENBLATT, DAVID LOCKHART, WRONGFUL CONVICTIONS, POLICE MISCONDUCT, FBI, U.S. ASSISTANT ATTORNEY, FEDERAL JUDGE, SUPREME COURT, INJUSTICE, WILL G. WOODARD, THE STAND, REDEMPTION STAND, BOUNCING FROM THE BOTTOM TO THE TOP, IN JESUS NAME, ROBERT MARGOLIS, AMEN.
InstructionsBased on the theories you have learnt, write a two-cooperapleh
Instructions:
Based on the theories you have learnt, write a two-page (double spaced) paper on the case provided to you. It will help you evaluate your knowledge of the concepts you are expected to have learnt at the end of this module. It will help you describe theories and apply them to real life situations.
Your paper should discuss the elements of crime and recognize the origins of criminal behavior depicted in this case. Using two different views of crime and two different explanations of crime in the context of different criminological schools of thought, explain what crimes Florida Republican Sen. Marco Rubio was referring to as ‘dirty money”.
Article:
In a move with significant implications for the U.S. housing market, Florida Republican Sen. Marco Rubio is seeking to take a Treasury Department crackdown on dirty money in luxury real estate and expand it from a few high-priced enclaves to the entire nation.
Rubio says his proposal is an attempt to root out criminals who use illicit funds and anonymous shell companies to buy homes — a form of money laundering that hides the cash’s tainted origin from law enforcement and banks. The widespread practice enables terrorism, sex trafficking,corruption, and drug dealing by providing an outlet for dirty cash, according to transparency advocates.
Through an amendment to an unrelated major spending bill, Rubio will ask Treasury to study whether government regulators should force shell companies that buy homes priced at $300,000 or more in cash nationwide to disclose their owners. That could be a figure as high as 10 percent of the nation’s real-estate deals.
A similar reporting requirement affecting transactions priced at $1 million or more has already had a chilling effect on all-cash corporate sales in Miami-Dade County, which has been under Treasury’s microscope since 2016.“Shell companies involved in shady activities are a big problem, especially throughout South Florida,” Rubio said in a statement to McClatchy and the Miami Herald. “With this provision, a study would be conducted to look at requiring all shell companies that make cash transactions, regardless of their area, to disclose their identities.”
The amendment builds on a previous Treasury disclosure order that applied only to certain markets, including South Florida.
That order — which forced shell companies buying homes with cash to reveal their true owners to the government — has been in place in some areas since March 2016 at various price points. Its effects were immediate and stunning. As soon as the order took hold, shell companies buying homes with cash dropped off the map, a recent study by academic economists found. In Miami- Dade, the number of corporate cash sales plummeted 95 percent, although a strong overall market suggests creative buyers found ways to circumvent the rules, researchers said.
Before the crackdown, corporate cash sales accounted for roughly a third of home-sale volume in Miami-Dade, which is ...
862018 Rubio plans national crackdown on real estate money l.docxsleeperharwell
8/6/2018 Rubio plans national crackdown on real estate money laundering | Miami Herald
https://www.miamiherald.com/news/politics-government/article215762120.html 1/13
POLITICS
Crackdown on dirty money shook Miami real estate.
Now, Rubio wants to take it national
WASHINGTON —
BY KEVIN G. HALL AND NICHOLAS NEHAMAS
[email protected]
[email protected]
July 31, 2018 07:00 AM
Updated July 31, 2018 11:55 AM
In a move with significant implications for the U.S. housing market, Florida
Republican Sen. Marco Rubio is seeking to take a Treasury Department crackdown on dirty
money in luxury real estate and expand it from a few high-priced enclaves to the entire nation.
Rubio says his proposal is an attempt to root out criminals who use illicit funds and anonymous
shell companies to buy homes — a form of money laundering that hides the cash’s tainted origin
from law enforcement and banks. The widespread practice enables terrorism, sex trafficking,
Privacy - Terms
https://www.miamiherald.com/news/politics-government/
mailto:[email protected]
mailto:[email protected]
https://www.google.com/intl/en/policies/privacy/
https://www.google.com/intl/en/policies/terms/
8/6/2018 Rubio plans national crackdown on real estate money laundering | Miami Herald
https://www.miamiherald.com/news/politics-government/article215762120.html 2/13
corruption, and drug dealing by providing an outlet for dirty cash, according to transparency
advocates.
Through an amendment to an unrelated major spending bill, Rubio will ask Treasury to study
whether government regulators should force shell companies that buy homes priced at $300,000
or more in cash nationwide to disclose their owners. That could be a figure as high as 10 percent
of the nation’s real-estate deals.
A similar reporting requirement affecting transactions priced at $1 million or more has already
had a chilling effect on all-cash corporate sales in Miami-Dade County, which has been under
Treasury’s microscope since 2016.
Latest news by email
The afternoon's latest local news
Enter Email Address
“Shell companies involved in shady activities are a big problem, especially throughout South
Florida,” Rubio said in a statement to McClatchy and the Miami Herald. “With this provision, a
study would be conducted to look at requiring all shell companies that make cash transactions,
regardless of their area, to disclose their identities.”
The amendment builds on a previous Treasury disclosure order that applied only to certain
markets, including South Florida.
That order — which forced shell companies buying homes with cash to reveal their true owners to
the government — has been in place in some areas since March 2016 at various price points. Its
effects were immediate and stunning. As soon as the order took hold, shell companies buying
homes with cash dropped off the map, a recent study by academic economists found. In Miami-
Dade, the number of corporate cash sales plummeted 95 percent, although a strong overa.
SEC charges Corporate Attorney and Wall Street trader in US$32 million inside...Andres Baytelman
The SEC charged a corporate attorney and Wall Street trader with insider trading involving confidential information from at least 11 mergers and acquisitions. The attorney accessed information from his law firm involving clients and tipped off a middleman, who passed the information to the trader. Through an illegal scheme using disposable phones and cash withdrawals, they obtained nearly $32 million in illicit profits. In a parallel criminal case, both individuals were arrested by the U.S. Attorney's Office for insider trading violations.
JOBS Act Rulemaking Comments on SEC File Number S7-11-13 Dated July 26, 2014Jason Coombs
The letter is from the co-founder and CEO of Public Startup Company to the SEC regarding Title IV of the JOBS Act and Regulation A+. It argues that Title IV must preempt state securities regulation to allow direct investment between individuals and restore freedom of communication and equity investment relationships. It criticizes the SEC for failing to enact JOBS Act rules as mandated by Congress and for investigating the company when it tried to use Regulation D Rule 506(c). The letter urges the SEC to stop aiding banks and declare all people as equity-worthy to establish a viable market for Regulation A+ securities.
The document discusses a program to stimulate bank lending and small business growth through the use of UCC insurance. It notes that commercial loan delinquencies, charge-offs, and losses grew significantly from 2006 to 2009, representing billions in losses. Industry experts estimate that 30% of future defaulted loans, representing $31 billion, will involve documentation errors that cause the lender to lose lien priority and collateral. UCC insurance could help avoid $25 billion of these losses by protecting lien perfection and priority. The document recommends legislation requiring independent verification of security interests over $2 million and urges use of UCC insurance to manage commercial loan risk and maximize recoveries.
The document discusses a program to stimulate bank lending and small business growth through the use of UCC insurance. It notes that commercial loan delinquencies, charge-offs, and losses grew significantly from 2006 to 2009, representing billions in losses. Industry experts estimate that 30% of defaulted loans over the next three years, representing $31.11 billion, will have documentation errors that cause the lender to lose lien priority and collateral. UCC insurance could help avoid $24.88 billion in losses by protecting lien perfection and priority. The document suggests legislative language requiring third-party verification of security interests over $2 million to improve loan quality and encourage lending.
During the recently completed third quarter of 2017, the Department of Justice resolved one matter and the Securities and Exchange Commission resolved two matters. While this was a slow quarter in terms of the number of enforcement actions, the financial impact was significant as the Telia global settlement involved financial penalties and disgorgement of approximately $965 million to be allocated between U.S., Dutch, and Swedish authorities.
Mortgage fraud is a growing problem in the United States, with reported cases increasing by 30% in 2007. California ranks 4th among states for reported mortgage fraud cases. Victims of mortgage fraud include families who have lost homes to foreclosure, as well as senior citizens and lower-income borrowers who are placed into inappropriate loans. Homeowners can fight wrongful foreclosure by attending foreclosure sale dates, obtaining forensic mortgage document audits to detect any fraud, and reporting any suspicious activity to law enforcement.
In a speech following the September 11, 2001, terrorist attacks and in the midst of the accompanying U.S. recession, Federal Reserve Chairman Alan Greenspan made a declaration that turned the world of the investment bankers upside down. Greenspan declared that the FOMC (Federal Open Markets Committee) stood prepared to maintain a highly accommodative policy stance for as long as needed to promote satisfactory economic performance. Translated from central banker speak, what Greenspan meant is that he is willing to inflate the money supply and hence lower interest rates for as long as necessary to “revive” the economy and repair it from the shock it received on that fateful day. What this meant for investors in the U.S. Treasury bond market is that they were not going to make any money on U.S. treasury securities for a very long time. Smart investors, diverted from the bond market, scanned Wall Street for a similar low-risk, high-return investment that could take the place of U.S. Treasury securities, and they fell in love with residential mortgages. On September 18, 2008, after months of economic anxiety and several massive bailouts of distressed firms by the government, the stock market had its largest single-day drop since September 11, 2001. Officials and commentators declared an economic emergency and moved on two fronts. The Department of the Treasury and Federal Reserve Board ("Fed") dusted off a 1932 statute and invoked the Fed's authority to stabilize failing firms by lending them money, although some were allowed to fail.
Whistleblowers revealed that Bank of America defrauded homeowners and engaged in a cover up with the help of regulators. Bank of America's foreclosure review process was overwhelmed by widespread and systematic abuses. The bank's poor IT systems made proper reviews impossible. Regulators turned a blind eye as Bank of America fabricated documents and covered up its wrongdoing during the supposed independent foreclosure reviews.
Philadelphia Inquirer-A very Costly Move, 3.11.01Maurice Mitts
1) A wire transfer of $1.7 million meant for Pioneer Commercial Funding Corp. was mistakenly deposited in another company's account at CoreStates Bank. When Pioneer asked for the money to be returned, CoreStates refused, freezing the account.
2) Pioneer sued CoreStates to recover the $1.7 million. During the trial, documents revealed that CoreStates' lawyers had aggressively pursued retaining the money and obstructed the release of information.
3) The jury ordered CoreStates, which later became First Union Bank, to pay Pioneer $352.7 million in damages, including the largest punitive damages award against a bank in Pennsylvania history.
Mortgage fraud is one of the fastest growing crimes in the United States, with three categories including fraud for housing, fraud for profit, and fraud for criminal enterprise. Fraud for profit schemes involve multiple industry professionals inflating property values and creating fake credit profiles for profit. Measuring risk in the housing market is difficult and often leads to underestimating risk in booms and overestimating it in recessions, contributing to issues.
1) Juan Jose Perez hatched an elaborate foreclosure rescue scheme in California, pretending to be a lender and scamming hundreds of struggling homeowners out of up to $1.2 million in advance fees.
2) One of Perez's victims was Jose Serrano, a dump truck driver who was facing foreclosure after falling behind on his adjustable rate mortgage payments. Serrano was sent documents by Perez's company that falsely stated his loan had been modified.
3) Prosecutors have charged Perez and seven others in his operation with grand theft, money laundering, and conspiracy for their rescue scam. Perez has fled to Mexico and prosecutors are seeking his extradition. The case highlights the proliferation of scams that
This document summarizes some frequently asked ethics questions regarding client trust accounts. It provides concise answers to questions about determining if a financial institution is approved to hold trust accounts, how to handle payments that contain both earned and advance fees, what to do with excess funds paid by a third party, and whether fees due to another attorney under a division of fees agreement can be held in a lawyer's trust account. The summary addresses key issues lawyers often have about complying with rules regarding proper handling of client funds.
The document summarizes accomplishments of Carolyn Rualo, a partner at Adam Leitman Bailey, P.C. who was named a Trailblazer by the New York Law Journal for her unconventional approaches in handling complex landlord-tenant negotiations. It describes how she successfully negotiated on behalf of a client to avoid costly emergency repairs by the city, and how she is preparing for upcoming rent regulation reforms. It also announces that ALBPC has more female "Rising Stars" than any other New York real estate law firm.
Michael Lathigee Writes Letter of Complaint to TD Bankmichaellathigee
Michael Lathigee writes: This letter details the irresponsible and unethical actions by TD Canada Trust in its handling of the repayment of its loan to Genesis. The drastic action taken against Genesis to achieve repayment of the TD Bank loan was both unnecessary and incredibly heavy-handed.
At every opportunity, TD Bank deliberately pursued the most abusive course of action possible without any regard for the substantial costs that would be borne solely by Genesis shareholders and without any regard for the financial devastation their actions would inflict on the lives and savings of thousands of small investors. As the details of this situation are revealed here I hope you are as sickened as I am to see how a privileged financial institution throws its weight around in a greedy grab for gain at the expense of citizens in its own communities.
In short, TD Bank behaved like a swaggering neighborhood bully, showcasing bankers at their absolute worst.
A government file pertinent to two civil law suits alleging bribery doesn't just get up and walk out of a supposedly secure federal-agency record rooming Washington. More recently they have been aired in two separate civil suits filed in two different U.S. federal courts. The alleged quid pro quo for the U.S. companies that agreed to pay the bribes was access to the Teleco network at rates below the uniform "international settlement rate" set by the FCC. In 2000, questions arose about Fusion Telecommunications, which had a concession to terminate calls in Haiti and which, according to sources, had an office inside Teleco. Marvin Rosen (finance chairman for the Democratic National Committee from September 1995 until January 1997), former Democratic Congressman Joseph P. Kennedy II, and Bill Clinton confidante Thomas (Mack) McLarty III were all on the board of Fusion. Mr. Rosen was Fusion chief executive officer. Rumors abounded in Haiti that Fusion had a sweetheart deal with Mr. Aristide that gave the U.S. firm rates well below the international settlement rate.
Primary global, full tilt poker, bp, bof a in court newsvincentjohn174
A former executive at expert- networking firm Primary Global Research LLC, James Fleishman, was found guilty of helping pass confidential information to fund managers as part of an insider-trading scheme. Fleishman, of Santa Clara, California, was found guilty yesterday by a Manhattan federal jury of conspiracy to commit securities fraud and conspiracy to commit wire fraud. The jury deliberated for about six hours before reaching a verdict. U.S. District Judge Jed Rakoff set sentencing for Dec. 21. Until then, Fleishman, who faces as long as 25 years in prison, remains free on bond. He and his lawyer, Ethan Balogh, declined to comment as they left the courthouse. “We had enough evidence to find the defendant guilty of both counts,” said jury foreman Ben Stein, who works in the information-technology sector of a financial-services business. “It was not easy, but we had lots of evidence.” Since November, 15 people have been charged by federal prosecutors in the office of Manhattan U.S. Attorney Preet Bharara in a probe of expert networkers and hedge fund managers. Twelve have pleaded guilty, including Noah Freeman, a former portfolio manager with SAC Capital Advisors LP, and Samir Barai, the founder of Barai Capital Management LP. Fleishman, 42, was the second to go to trial. Winifred Jiau, a former Primary Global consultant who was convicted at trial in June of securities fraud and conspiracy, is scheduled to be sentenced today in Manhattan federal court. Prosecutors said Fleishman obtained and passed confidential data from technology company employees who were moonlighting as consultants for Mountain View, California-based Primary Global. The secret tips were given to fund managers who paid Primary Global for consultation calls, prosecutors said.
The case is U.S. v. Nguyen, 11-cr-32, U.S. District Court, Southern District of New York (Manhattan).
Lawsuits/Pretrial
Full Tilt Paid Board With Players’ $440 Million, U.S. Says Full Tilt Poker paid board members more than $440 million using funds it had told its online poker players would be available to them for withdrawal at any time, U.S. prosecutors said. Manhattan U.S. Attorney Preet Bharara’s office yesterday asked U.S. District Judge Leonard B. Sand for permission to add the new allegations to a civil forfeiture case first filed against Full Tilt, PokerStars, Absolute Poker and other businesses in April. “Full Tilt insiders lined their own pockets with funds picked from the pockets of their most loyal customers while blithely lying to both players and public alike about the safety and security of the money deposited with the company,” Bharara said in statement. The forfeiture action parallels criminal charges also brought by Bharara against the poker companies and 11 people, alleging bank fraud, money laundering and illegal gambling. Prosecutors said that after the U.S. enacted a law in 2006 barring banks from processing payments to offshore gambling websites, Full Tilt, PokerStars
- Bank of America reported $4.2 billion in net income for Q1 2009, down from the previous quarter but up from the same period last year. Revenue was $36.1 billion, a record high.
- Results included Merrill Lynch revenues and expenses following the acquisition. Global Markets reported record results despite $1.7 billion in capital markets disruption charges.
- Mortgage banking income was $3.3 billion, up significantly year-over-year, driven by higher home loan production volumes from Countrywide and low interest rates.
GE reported preliminary results for its first quarter of 2009. The global economic downturn continued, but GE is navigating through the recession by aggressively cutting costs, driving orders where possible, and maintaining a solid industrial cash flow. Earnings were consistent with previous guidance, with the infrastructure and media businesses flat and the Capital Finance segment reporting a profit of $1.1 billion. GE remains focused on running the company for the long term through investing in growth areas.
- JPMorgan Chase reported net income of $2.1 billion for Q1 2009, driven by record revenue in the investment bank but higher credit costs.
- The investment bank had its best quarter ever with net income of $1.6 billion on record revenue of $8.3 billion from strong fixed income and equity trading. However, markdowns on leveraged loans totaled $711 million.
- Retail banking profits grew 58% to $863 million due to higher deposits and fees from the Washington Mutual acquisition, while consumer lending lost $389 million due to increased loan losses.
This document is an early 20th century U.S. federal income tax form (Form 1040) from 1913. It contains instructions for reporting various types of individual income, deductions, exemptions, and calculating the tax owed. Key details include reporting gross income, dividends, deductions for expenses, taxes paid, losses, and worthless debts. The form must be filed by March 1st to avoid penalties and includes an affidavit certifying the accuracy of the reported information.
This document discusses several issues that arise in mortgage foreclosure cases when the original promissory note has been sold and transferred multiple times during the securitization process.
It notes that a high percentage of notes have been "lost or destroyed" during securitization. While UCC §3-309 provides a process for enforcing lost notes, the foreclosing party must prove they are the holder of the note. However, in many cases the chain of assignments is broken and it is impossible to prove who the real holder is.
The document examines issues of standing, pleading requirements that the real party in interest be named, and evidentiary problems when witnesses cannot directly testify to facts of the default but only what is stated in computer
This document provides an overview and assessment of the U.S. Treasury's strategy for addressing the financial crisis through the Troubled Asset Relief Program (TARP). It discusses Treasury's stated goals of addressing bank solvency, increasing credit availability, and assessing financial institution health. The report also evaluates Treasury's current programs and initiatives in light of these goals. Additionally, it examines historical examples of approaches to financial crises to provide context and alternatives if Treasury's strategy requires modification.
Timothy Geithner is poised to become the largest shareholder of US bank stocks in 2009 as his plan to deal with bank losses requires injecting hundreds of billions of additional capital into the largest banks. The document estimates total remaining losses for US banks to be between $650-1000 billion, exceeding banks' current capital levels. For the largest banks to avoid nationalization, Geithner will need to raise $500-750 billion in additional common equity, surpassing the total market capitalization of financial stocks. This suggests US bank stock prices, particularly those with low capital levels, will continue declining significantly.
The document outlines the Treasury's framework for regulatory reform, focusing first on containing systemic risk. It discusses establishing a single independent regulator to oversee systemically important firms and critical infrastructure. It also calls for higher capital and risk management standards for large, interconnected firms. Additionally, it proposes requiring hedge funds above a certain size to register with regulators to increase transparency and oversight of these investment vehicles.
The document outlines Treasury Secretary Geithner's testimony on regulatory reform which focuses on addressing systemic risk. It discusses establishing a single regulator for systemically important firms, higher capital and risk management standards for such firms, requiring registration of large hedge funds, regulating over-the-counter derivatives, strengthening money market funds, and creating a resolution authority for failing complex institutions. The goal is to modernize financial regulation to prevent future crises and ensure stability.
The document outlines the Treasury's framework for regulatory reform, focusing first on containing systemic risk. It discusses establishing a single regulator for systemically important firms, higher capital and risk management standards for such firms, requiring registration of large hedge funds, regulating over-the-counter derivatives markets, strengthening money market fund regulation, and creating stronger resolution authority for failing complex institutions. The framework aims to modernize financial oversight and prevent future crises.
The document is an application for private asset managers to apply to become pre-qualified fund managers for the Treasury's Legacy Securities Public-Private Investment Fund program. It outlines the criteria for being pre-qualified, including a minimum of $10 billion in eligible assets under management and a demonstrated capacity to raise at least $500 million in private capital. It provides details on the information required to be submitted in the application, including organizational qualifications and performance history, the proposed fund structure and terms, investment strategy, governance, and confirmation of tax and legal compliance. Applications must be submitted by April 10, 2009.
GE Capital held an investor meeting on March 19, 2009 to discuss its funding and liquidity position, portfolio risk management, business reviews and stress testing results, and financial outlook. Key messages included that GE Capital's 2009 long-term funding needs were 93% complete, it had $60 billion in liquidity, and stress testing indicated it was well capitalized and expected to remain profitable even in a severe economic downturn. The presentation addressed questions about GE Capital's commercial real estate, mortgage, consumer credit and other investment exposures.
AIG was contractually obligated to pay about $165 million in retention pay to AIGFP employees according to a 2008 retention plan. About $55 million had already been paid in December 2008. AIG was also obligated to pay $6 million in guaranteed pay outside the plan. Failing to make the legally required retention payments could result in AIG owing double damages plus penalties, and risked significant business and legal issues due to the complexity of AIGFP's derivatives portfolio.
The Stanford Financial Group broke ground on a new global management complex in St. Croix, US Virgin Islands. The 105,000 square foot complex will house Stanford's worldwide management functions and incorporate local architecture. It is planned to be LEED certified and will create over 500 construction jobs and numerous permanent positions. The facility is scheduled for completion in July 2009 and will serve as the headquarters for several of Stanford's business departments and initiatives.
This document is a complaint filed by the Securities and Exchange Commission against Stanford International Bank and others alleging an ongoing fraud. The SEC seeks emergency relief to halt a scheme where Stanford International Bank sold $8 billion in fraudulent certificates of deposit by falsely claiming high, stable annual returns between 15-16% despite 90% of its portfolio being undisclosed. The complaint outlines how the bank, its affiliates, and executives misrepresented the safety, liquidity, and auditing of the investment portfolio to mislead investors and continue the alleged fraudulent scheme.
1) The document discusses concerns about the safety of investing money in offshore banks due to the potential for fraud.
2) It outlines some red flags or "duck traits" that could indicate a financial institution is actually a fraud, including returns that seem too good to be true, inconsistent with market performance, or executed with very few people overseeing everything.
3) It analyzes the returns and operations of one particular offshore bank that a friend invested in, finding patterns of consistency in returns that seem unusually high and executed with few employees, raising suspicions it could be fraudulent.
The document contains monthly housing price index data from 1987 to 1997 for 5 major US cities: Phoenix, Los Angeles, San Diego, San Francisco, and Denver. It shows that housing prices generally increased over the decade for all cities, with Los Angeles and San Francisco seeing the largest gains and Phoenix having more moderate growth. The West Coast cities of Los Angeles, San Diego, and San Francisco tended to move in tandem with each other in terms of price changes.
AI Transformation Playbook: Thinking AI-First for Your BusinessArijit Dutta
I dive into how businesses can stay competitive by integrating AI into their core processes. From identifying the right approach to building collaborative teams and recognizing common pitfalls, this guide has got you covered. AI transformation is a journey, and this playbook is here to help you navigate it successfully.
Tired of chasing down expiring contracts and drowning in paperwork? Mastering contract management can significantly enhance your business efficiency and productivity. This guide unveils expert secrets to streamline your contract management process. Learn how to save time, minimize risk, and achieve effortless contract management.
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Prescriptive analytics BA4206 Anna University PPTFreelance
Business analysis - Prescriptive analytics Introduction to Prescriptive analytics
Prescriptive Modeling
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Demonstrating Business Performance Improvement
Best Competitive Marble Pricing in Dubai - ☎ 9928909666Stone Art Hub
Stone Art Hub offers the best competitive Marble Pricing in Dubai, ensuring affordability without compromising quality. With a wide range of exquisite marble options to choose from, you can enhance your spaces with elegance and sophistication. For inquiries or orders, contact us at ☎ 9928909666. Experience luxury at unbeatable prices.
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The Steadfast and Reliable Bull: Taurus Zodiac Signmy Pandit
Explore the steadfast and reliable nature of the Taurus Zodiac Sign. Discover the personality traits, key dates, and horoscope insights that define the determined and practical Taurus, and learn how their grounded nature makes them the anchor of the zodiac.
NIMA2024 | De toegevoegde waarde van DEI en ESG in campagnes | Nathalie Lam |...BBPMedia1
Nathalie zal delen hoe DEI en ESG een fundamentele rol kunnen spelen in je merkstrategie en je de juiste aansluiting kan creëren met je doelgroep. Door middel van voorbeelden en simpele handvatten toont ze hoe dit in jouw organisatie toegepast kan worden.
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During the budget session of 2024-25, the finance minister, Nirmala Sitharaman, introduced the “solar Rooftop scheme,” also known as “PM Surya Ghar Muft Bijli Yojana.” It is a subsidy offered to those who wish to put up solar panels in their homes using domestic power systems. Additionally, adopting photovoltaic technology at home allows you to lower your monthly electricity expenses. Today in this blog we will talk all about what is the PM Surya Ghar Muft Bijli Yojana. How does it work? Who is eligible for this yojana and all the other things related to this scheme?
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LennarPonzi
1. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
January 7, 2009
Alex Rue, Esq.
Securities and Exchange Commission
3475 Lenox Rd. NE, Suite 1000
Atlanta, GA 30326
Mr. Peter Del Greco, Esq.
Securities and Exchange Commission
5670 Wilshire Boulevard, Suite 1100
Los Angeles, CA 90036
Special Agent Peter Norell
Federal Bureau of Investigations
901 West Civic Center Drive, Suite 300
Santa Ana, CA 92679
Special Agent Matt Galioto
Federal Bureau of Investigations
135 Pinelawn Road, Suite 350
South Melville, NY 11747
Special Agent Guy Ficco
Department of the Treasury
Internal Revenue Service
290 Broadway, Fourth Floor
New York, NY 10007
Introduction
If this country and corporate America have learned anything about fraud these
past few months it has been that the perpetration of these acts is never
compartmentalized. That is, Bernie Madoff’s alleged first crime was not $50
billion, but rather a smaller set of earlier compromises that went undetected,
which reinforced the behavior and ultimately lead to larger and larger illegal
activity. Unlike bank robbery, for example, white collar crime is not uncovered
immediately after the offense takes place, which tends to reinforce the behavior.
2. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
In the case of ZZZZ Best, the first crime was not a $26 million stock fraud, 1 but
the theft from a local liquor store of a $200 money order to meet payroll in 1982.
When that crime went undetected, the criminal behavior was reinforced and
every time economic pressure reared its ugly head, a pragmatic return to such
behavior took place and the wheels of the ZZZZ Best debacle were set in motion.
“Once upon a time there was LENN-RON”
Once upon a time, Lennar Corporation, a public company listed on the New York
Stock Exchange, entered into a joint venture with a private developer to build an
elite, high-end housing project and golf course in prestigious Rancho Santé Fe,
CA. The deal was simple: The predecessor to Briarwood Capital, LLC would
contribute the value of his claims which were at the time of the contribution in
excess of 50 million dollars and also included claims to the property itself—some
540 acres--while the big public company would, among other things, manage the
development on a daily basis. As part of the agreement between the two parties,
Lennar assisted in the acquisition of the land for the development of the project.
But Lennar appears to have had a hidden motive…get the cash!
An operating agreement 2 was signed by both parties in August of 1997 and at
the closing of this transaction, the smaller developer agreed to contribute the
value of his claim and claims to the property itself to the newly formed venture,
HCC Investors. In June of 1999 the claims were realized at a sum total of 37.5
million and subsequently wired to the HCC bank accounts per both parties
understanding as a capital contribution. And then the unthinkable happened.
1
The victim impact of the ZZZZ Best fraud according to the government’s version of the pre-sentence
report and the judgment and commitment order was $26 million and not the “hundreds of millions” often
cited by the media. The clarification of this is not an attempt to depreciate the significance of the offense
but rather to accurately cite victim impact.
2 Please see addendum 1, original operating agreement. The original operating agreement between
Briarwood Capital, LLC and Lennar was in August of 1997. There were four amendments in writing from
1997 to date but none of those amendments authorized Lennar or any of their entities to send out the $37.5
million contributed by Briarwood Capital, LLC. It was clearly stated from the beginning that the terms of
the operating agreement could only be changed ‘in writing.’ Also, the operating agreement precluded
Lennar from encumbering or leveraging (borrowing against) their interest in this project. Lennar appears to
have violated this provision because they would later pledge their interest in The Bridges to the
LandSource joint venture, which resulted in Briarwood receiving a bankrupt partner.
3. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
Within hours of receiving those funds by wire 3 on June 25, 1999, the big public
company, despite the required in-writing permission that had to be granted prior
to any funds leaving the HCC Investors bank account—wired out the entire sum
by sending out two separate wires to the same entity—to the exact penny of the
wired-in contribution. The funds were wired to another one of the public
company’s wholly owned subsidiaries, which had nothing whatsoever to do with
the project. The recipient of the wire, Pacific GreyStone had merged with Lennar
Corporation in November of 1997—almost two years prior to the funding of this
project and it was not until November of 2001—more than two years from the
date of the wire that Pacific GreyStone would perform any work or services on
the project.
What happened next was that over a period of approximately of 5 years, Lennar
refused, despite obligations to do so in the operating agreement and numerous
written requests, to provide accounting for the wired funds of June 25th, 1999 and
the revenue of at the time in excess of 400 million dollars. Accounting was only
obtained by court order. And it revealed what happened to the 37.5 million
dollars.
When confronted by the developer about this undisclosed wire, the big public
company argued through a countersuit that there was a verbal agreement that
the developer had made which superseded the clear prohibition of such activity
cited in the operating agreement. 4 Lennar’s position is that even though the
operating agreement precluded verbal agreements that somehow the developer
agreed that Lennar could simply take a 37.5 million contribution and wire it to an
unaffiliated entity.
The above story, although it begins with “once upon a time” is sadly not fiction.
The moral of the story is the smaller developer learned that if one goes into a
joint venture project with the big public company builder, and works hard to make
the project very successful, the big public company builder will even use the
project as an example of a successful project and will even go as far as placing
pictures of said project (the “Bridges”) on the front page of a certain Lennar
controlled entity’s annual report. 5 Moreover, despite Lennar’s use of the project
3
Please see addendum 2, incoming and outgoing wire from Bank of America.
4
Please see addendum 3, Lennar Corporation Counter Claim response. See 9th cause of action. The quote
is a summation, not a direct quote from the filing.
5
Please see addendum 4, summary interview of Mr. Bruce Alvazian. In an interview on December 17th,
2008 with former Lennar employee Mr. Bruce Alvazian, a former licensed CPA, he indicated that Lennar
issued annual reports for their joint ventures, audited by a firm other than the company’s main outside
auditing firm. On one of those annual reports, a picture of ‘The Bridges’ project and golf course of Rancho
Santa Fe appeared, and was used to lure in new Lennar joint venture partners.
4. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
as a tool to leverage the project to obtain additional joint venture partners and
lenders, they claimed to their partner Briarwood Capital, LLC that, even though
they were unable to produce any accounting, and never did so until the court
ordered, they knew for sure the project was “losing money.”
This report is far more than a “he said, she said” argument between litigants.
Instead, it connects the dots of the public record and other documents to prove
that Lennar Corporation has a pattern of behavior over a sustained period of time
of knowingly and willfully abusing the legal system to gain an unfair advantage
over the less capitalized, smaller entities 6 .
6
The purpose of mentioning the Briarwood Capital, LLC case in this report is not to prove the truth of the
matter. To that end, we have included Lennar Corporation’s 2nd amended cross complaint so their voice in
the Briarwood Capital, LLC would be heard as it relates to their objections to the Briarwood Capital, LLC
claims. However, our report does seek to, from the public record, establish an apparent cumulative effect
of the multiple law suits claiming similar breaches in order to argue a pattern of behavior. However, and
because we on more than one occasion cite our client, Briarwood Capital, LLC prominently, it should be
noted that Briarwood Capital’s principal’s contribution to what became the “Bridges” Community (HCC)
in Rancho Santa Fe was in excess of 50 million dollar judgment they won and subsequently possessed
(which was later reduced by the appeals courts to 37.5 million) to the joint venture. From 1995 to 1996
Lennar put approximately $200,000 towards the legal battle against the property in dispute (the
defendant’s name was Mr. Williams) but after spending about $200,000 Lennar decided to walk away in
1996. Briarwood Capital’s principal then secured contingency counsel and ended up winning a judgment
in excess of 50 million dollars. That is when Lennar came back into the picture and both parties were
aware that in exchange of Briarwood Capital’s contributing the judgment to the joint venture, even if the
appellate court later reduced the award for punitive damages to zero (it ended up being reduced to 37.5
million) Briarwood Capital was entitled to 50% of the Bridges project. Admittedly there are other details
of this case—for example tens of millions of dollars were taken by Lennar (above all the other monies they
took from the project) for “management fees”, and Lennar funneled tens of millions to affiliated
companies, while, in addition, our client and Lennar each received approximately 26 million in “gross
percentage fees” over a period of about 10 years. Lennar has not claimed that the management fees
received by Briarwood Capital LLC over a ten year period were his original principle investment being
returned or profits in what amounted to one of the most successful real estate developments in San Diego
history. Additionally, in Lennar’s most recent 2nd amended cross complaint they discuss a default on two
property lots at the Bridges that closed escrow in November of 1999 (Homesite #8 for 1,018,500 and
Homesite #9 for $1,212,500). An obligation for $2,007,900, approved by HCC Investors and Lennar was
provided in connection with the acquisition of these lots—with the clear understanding that the obligation
was to be repaid from distributions scheduled for the very next quarter. Under Lennar’s management—
despite the receipt of over 400 million in revenue from inception to present—Lennar, as manager of HCC,
has not made a single distribution in the history of the project. Despite a clear, in writing, agreement to
distribute excess cash on a quarterly basis. There was no obligation to pay the abovementioned obligation
without distribution and this was clearly understood. Finally, there was no issue at all regarding the two
lots until the Lennar counter claim seven years later.
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Lennar’s Civil “RICO” Type Behavior
Predicate Acts Included!
In all the years of experience the Fraud Discovery Institute, Inc has had in
proactive fraud uncovering, we have never encountered a more ruthless entity
than Lennar Corporation. The company is ruthless because when cash became
tight after the building crisis, the company began to routinely engage in litigation
in order to buy time on payments owed to joint venture partners and other Lennar
creditors. This predatory approach of intimidation by threat of a lawsuit works in
an economy where dollars are tight. Lennar wears down their opponents with
procedural matters, thereby abusing “due process” in order to better posture
themselves for settlement with a much less-capitalized victim.
Lennar Corporation is indeed the “bully of the prison yard.” Consider the number
of lawsuits shown in the ‘Lennar Litigation Skyrockets!’ in red flag 4 of this report.
This is a summary of one lawyer’s search of the public record relating to the
approximate number of lawsuits in which Lennar Corporation is currently
involved.
Of course the nation’s second largest home builder is bound to run into litigation
from angry homebuyers complaining about faulty construction, or even former
employees who sue for wrongful termination. However, in the case of Lennar
this multitude of lawsuits and the issues raised within the lawsuits cannot be so
easily dismissed as the “normal course of business.” Instead, it appears to be a
clever, intentional plan constructed by senior management to preserve cash at
any cost through the abuse of the courts and the “buying of time before
resolution” that always accompanies a lawsuit. In other words, why pay a joint
venture partner $30 million or $40 million now when you can create a huge cash
“float” by paying a law firm hundreds of thousands dollars a month to prolong and
hopefully reduce payment?
The second abuse of the courts by Lennar Corporation can be seen in their use
of the legal system to inoculate any new evidence that may paint the company in
a negative light and show them for what they really are - a group of ruthless
bullies who abuse the power and capital of a S&P 500 company to intentionally
do harm to the less funded, smaller entity. Lennar Corporation in and through its
counsel has a unique approach to dealing with critics that we who uncover fraud
identify as the technique of “diversion and dismissal.”
The technique of diversion and dismissal as utilized by Lennar Corporation goes
something like this: “Do whatever it takes - no matter how much it costs - to
cloud and taint any evidence at its source before anyone in the media, the public,
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or law enforcement objectively analyzes it. Do this with a ‘preemptive strike’ type
of lawsuit alleging slander, malice, fraud or whatever necessary.”
The facts are not the issue for Lennar Corporation. The technique of diverting
these facts by the filing of a lawsuit to taint the origin of the findings is what
matters to this group of predators. It is for this reason that the Fraud Discovery
Institute, Inc has relied almost solely on the public record to corroborate our list of
“red flags for fraud at Lennar,” in order to carefully preserve the evidence so that
it is useable and above reproach.
Despite the clear “count the cost before you say anything negative about us”
message that Lennar sends to any current or future critics through their long
public record history of litigation, the truth must come out about this company and
how they exploit and take advantage of smaller and less capitalized adversaries.
That these smaller companies become adversaries is really self-fulfilling, in that
Lennar breaks clear, written promises as is the case with many of their current
joint venture lawsuits.
That this particular bullying has gotten out of hand can be seen when counsel for
Briarwood Capital, LLC 7 describes how difficult it was to find experts for the
upcoming Lennar Corporation trial - not because of the facts of the case, but
rather because “the word is out that any expert who goes up against Lennar will
get sued.” The cost of doing business when one factors in a lawsuit - even if it is
argued that it is the right thing to do - often prevents embattled Lennar
defendants or plaintiffs from getting a fair shake in the legal system. It is for this
reason and many others that a RICO type of intentional bullying behavior can be
clearly established and must be immediately addressed by law enforcement as
the scales of justice and rule of law are at issue.
New Urgency for Regulators Regarding Lennar
This case now takes on even greater significance as the potential for President
Elect Barack Obama’s stimulus package, which would benefit Lennar
Corporation through the re-filing of up to five years of corporate tax returns. 8 This
obviously plays into Lennar’s pursuit of cash after their attempt to use strong
7
Stated in initial meeting with counsel in November, 2008.
8
Please see addendum 6, article in Wall Street Journal dated January 6th, 2009 explaining potential
stimulus package.
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political ties 9 to generate interest in a “home builder bailout” failed. Lennar
Corporation has always inserted itself into the political process to help achieve
their end goal. 10
There is simply no way the United States government, after independently
corroborating our opinion on the standard business practices at Lennar
Corporation - including practices at UAMC, the company’s mortgage division -
can reward the past and current behavior of this company with a huge cash
prize. The company’s entire current business plan is built on the hoarding of cash
at all costs until the “cure” comes, 11 and the government could be the cure.
It is for this reason that the Fraud Discovery Institute, Inc will widely circulate this
report to law enforcement and members of the Congress and Senate, and
continue the investigation of Lennar Corporation, in order to educate the public
on the “below the surface” activities of what we believe to be a financial crime in
progress. And in a world after Bernie Madoff, no new stimulus package can
include financial incentives for a company that exhibits apparent fraudulent
behavior.
A Preview of Some of the Lennar Red Flags for Fraud
• Lennar Chief Operating Officer Receives $5,000,000 loan from unlicensed
lender who is, without disclosure interrelated to the company’s project in Kern
County, California (See Red Flag #1).
• Lennar Corporation siphons cash, without authorization from one joint venture
project and places it in a separate and unrelated project (See Red Flags #3
and #8).
• Lennar Corporation treats their joint ventures exactly like a Ponzi scheme,
pledging their older joint venture interests to leverage themselves into newer
joint venture relationships despite operating agreements that prohibit this
unauthorized movement of interests (See Red Flag #8).
9
Please see
http://www.energy.ca.gov/sitingcases/sanfrancisco/documents/intervenors/BROWN_L_CARE_2005-01-
26.PDF. Here Lennar agents/employees appear to have family ties to both Major Gavin Newsome and
Congresswoman Nancy Pelosi. At the very least, this should have conflicted them out of any Lennar-
related decisions.
10
For example, please see
http://www.energy.ca.gov/sitingcases/sanfrancisco/documents/intervenors/BROWN_L_CARE_2005-01-
26.PDF.
11
For fraud perpetrators, the scheme must stay afloat until the “cure” comes and solves the problems. For
the ZZZZ Best fraud it was the potential selling of one million shares of ZZZZ Best stock.
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• Lennar Corporation continues to provide vague and less than transparent
responses to the SEC inquiries about off balance sheet, joint venture debt
(See Red Flag #6).
• Lennar litigation skyrockets. How many people must be lying in order for
Lennar to be believed (See Red Flags #4 and #9)?
• Lennar has exhibited a pattern of behavior over a sustained period of time of
deceptive business practices, ranging from building homes using Chinese
drywall to cut costs, to causing CALPERS (the California Public Retirement
Fund) to lose approximately $1 billion (See Red Flags #7 and #9).
Top Ten Red Flags for Fraud at Lennar Corporation
Red Flag #1 San Diego residents are familiar with the fraud involving
Congressman Randall quot;Dukequot; Cunningham, in which he disguised a kickback
from a defense contractor through the inflated sale price of his home. 12 Since
that case, fraud investigators often look for disguised income or other
malfeasance of a related party through the vehicle of their primary residence.
During our investigation, the Fraud Discovery Institute, Inc looked at the public
record filings of Mr. Jonathan Jaffe, Lennar Corporation’s Chief Operating
Officer, 13 specifically his primary residence. 14 Much to our surprise, Mr. Jaffe’s
personal residence located in Laguna Beach, California has multiple loans
against it:
• A first trust deed with Wells Fargo for $2,100,000 taken out in January
2004
• A second trust deed for $3,000,000 taken out in January 2004
• A curious $5,000,000 third trust deed loan taken out in late September
2007
This third loan was done well into the ‘writing on the wall’ of the housing crisis. 15
In fact, just 45 days from when Mr. Jaffe borrowed more money on his Orange
12
Please see addendum 6, article regarding Duke Cunningham.
13
Please see page 16 of http://www.sec.gov/Archives/edgar/data/920760/000119312508014540/d10k.htm.
Mr. Jaffe was named Chief Operating Officer for Lennar in 2004.
14
Please see addendum 7, letter from AFX Title.
15
Please see
http://www.businessweek.com/investing/content/mar2007/pi20070327_445486.htm?campaign_id=tbw%22
In the first quarter of 2007, Lennar reported a dramatic drop in sales. In November of 2007, less than 45
days after the funding of the Jaffe $5,000,000 third trust deed, Lennar slowed down 2 projects in the very
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County home with this unusual $5,000,000 third trust deed, Lennar announced it
halted sales at Irvine's Central Park West and postponed construction of A-
Towntwo, both in Orange County.
How is it that Mr. Jaffe received a $5,000,000 highly leveraged third trust deed
loan in late September 2007 which placed his house “upside down” in equity?
What was the true substance of this transaction? Was the $5 million really a
disguised payment for services?
The apparent problem becomes even more perplexing when one notes that the
lender is Robert Venneri, through his company Canyon Finance, Inc. While Mr.
Venneri appears to have a license in California to sell real estate, 16 we were
unable to find a current California lender’s license in either his name or the name
of the company on the Jaffe deed of trust.
Mr. Venneri also currently owns GulfStream Finance and Canyon Capital, Inc. 17
Lennar Corporation is owed $22 million by SunCal for a failed project in Kern
County, California. 18 This is notable because Mr. Bruce Elieff, the CEO of
SunCal, 19 became involved with none other than Robert Venneri in two 2008
mortgages. Venneri’s company GulfStream Finance was the lender and secured
party. In the UCC filing, the debtor is listed as Mr. Elieff. 20
We dug deeper into the relationship between the SunCal/Lennar Kern County
project, Mr. Venneri’s connection to SunCal and its CEO Bruce Elieff, and Mr.
Venneri’s connection to Mr. Jaffe. We noted that all of these transactions
occurred without any related party transaction disclosures by Lennar Corporation
in any of their SEC filings. 21
area, Orange County, where Mr. Jaffe lives—please see
http://www.ocregister.com/ocregister/money/housing/article_1917172.php.
16
Please see addendum 8.
17
Please see addendum 9, Robert Venneri proof of ownership of Gulf Stream Finance.
18
Please see http://www.bakersfield.com/hourly_news/story/599114.html.
19
The point here is not that Mr. Elieff or SunCal has committed wrongdoing necessarily as receiving a loan
from Mr. Venneri equals wrongdoing. Rather, we are simply stating that there is a connection and apparent
undisclosed relationship on the Lennar side of the Kern County, California joint venture with SunCal and
Bruce Elieff, as well as Mr. Jaffe’s relationship with Mr. Venneri and Mr. Venneri’s relationship with Mr.
Elieff. Moreover, public companies have higher and stricter disclosure standards than private companies.
20
Please see addendum 10.
21
We checked the K’s, the Q’s and the relevant Proxy Statements.
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In checking just what Mr. Venneri and his entities did in Kern County, the public
record reveals 22 that on June 2, 2005, Mr. Venneri and Canyon Capital
purchased Lots 3&4 in section 36 (Bakersfield) from Frank and Norma Fugitt for
$1,294,500. On June 23, 2005 they purchased lot 5 in section 36 from John
Balfanz (a custom home builder) for $1,248,000. Based on figures contained in a
lot of line adjustments (DOC number 0205244976), it appears that these three
lots (3, 4 and 5) contained a total of 51.81 acres and were part of parcel numbers
514-30-01 and 514-30-02.
Then on January 10th, 2006 Canyon Capital sold a 13.61 acre portion of Lots 4&5
(Parcel A) to Fore J Development, LLC, a company connected to Balfanz, for an
unlisted amount of money. It appears that Canyon Capital may have
developed the remaining land and obtained a new lot and parcel numbers for it
because in 2007 Canyon Capital sold lots in a Tract 6353, that in some
documents are referenced as being part of parcels 514-30-01 and 514-30-02,
while in other documents they are referenced as being part of parcels 514-030-
19 and 514-030-21.
In particular, on June 22, 2007 Canyon Capital sold Lots 1-44 of tract 6353 to
John Balfanz Homes, Inc for $4,400,000. Then on August 10, 2007, Canyon
Capital sold lots 45 and 46 of tract 6353 to John Balfaz Homes, Inc for an
undisclosed (“confidential”) amount of money and took back a $9,720,000 deed
of trust (loan) secured by lots 45 and 46. Even though we don’t know how much
Canyon Capital sold the 13.61 acre parcel for, we do know that they sold Lots
1-46 to John Balfanz Homes, Inc for at least $14,120,000.
Given that Canyon Capital only paid $2,542,500 in total for this land, the fact that
they could turn around and sell this land for more than $14,120,000 (a whopping
455% more than the purchase price) in 2 years in, of all places, Kern County (no
offense to those in Kern County but it is no Rancho Santa Fe) suggests they
either had some kind of insider knowledge that this land was going to increase
tremendously in value, or, through a self fulfilling prophecy, they developed this
land which contributed to its increased value. In fact, Lennar Corporation has a
recently developed a subdivision called ‘Spring Place North’ located right next
door to Mr. Venneri’s property. 23
22
Please see addendum 11, the entire Kern County record where each lot and sale is referenced to find its
supporting documentation.
23
Please see addendum 13, where the aerial map and public parcel confirm the Lennar/Venneri neighboring
properties. In fact, Mr. Venneri’s parcels that he sold for 555% profit in 2007 are located literally directly
across the street from the Lennar development, Spring Place North.
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Another curious component of these transactions is the coincidental loan made
within 30 days of this 455% profit of Mr. Venneri’s when he makes an unwise
$5,000,000 loan on a piece of over-encumbered real estate owned by Lennar’s
COO Mr. Jonathan Jaffe. Could this be a Cunningham type of real estate
transaction in which a disguised, preferential payment is being made? At the very
least, probable cause exists for the audit committee to abide by Sarbanes-Oxley
and retain outside, independent, counsel to investigate this entire ordeal. But for
now, it is true that Lennar’s latest 10-K and proxy statements report no related
party transaction disclosures made about the connection between the real
estate and debt transactions including Mr. Venneri, SunCal, Mr. Jaffe, and Mr
Elieff. If anyone should know the importance of disclosing related party
transactions it would be Mr. Jaffe, as up until 2004, he was on the Lennar Board
of Directors. 24 At a minimum the audit committee should immediately engage
independent, outside counsel to investigate every aspect of these transactions.
(Full-page graph follows)
24
http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/06-22-
2004/0002198267&EDATE=.
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Red Flag #2 If the above scenario is hard to comprehend, what happens next
regarding Mr. Venneri and Lennar is even more perplexing. First it should be
noted that perpetrators of fraud are always walking contradictions, and this ‘red
flag’ is most certainly true of Lennar. To understand the intricacies and the
importance of this red flag, consider the fact that at the very time Bernie Madoff is
stating on video that the regulatory environment in the U.S. is so strict that no
money manager or registered investment advisor could commit material fraud
against the investment community, he was perpetrating an alleged, $50 billion
fraud to which he would confess only months later.
In a like manner, at the same time that Lennar Corporation’s senior management
is walking away from an agreement with Forest Lawn Mortuary 25 (leaving a
funeral home of all places holding the bag) and not performing on a contract with
RFC Construction Funding, LLC, 26 Lennar Corporation is quick to scream “foul”
or “fraud” when they perceive that someone may be cheating them. Clearly
Lennar has a double standard of appealing to the law while simultaneously
breaking much more serious laws by fraud and deceit. 27
For example, consider the fact that on January 6, 2009, Lennar’s general
counsel, Mr. Daniel Petrocelli called for the deposition of a bank employee based
in Orange County to answer questions about an attempted identity theft on one
of the bank’s customers, Mr. Robert Venneri. 28 Someone with a “raspy” voice
allegedly called the local branch of Mr. Venneri’s bank asking for information
about his account. The astute bank employee immediately placed the caller on
hold and called Mr. Venneri, confirming that the caller was an imposter. No
information was provided to the imposter. 29
25
Please see addendum 13, article about the Forest Lawn lawsuit.
26
Please see addendum 14, lawsuit against Lennar by RFC Construction with surprising points of similarity
between that case and the Briarwood case.
27
Many of the suits, including the stockholders/derivatives class action make the “fraud” allegation against
Lennar.
28
We realize that when a lawsuit exists between a public company and another party that discovery
evidence, even some depositions, may be covered in a confidentiality agreement which was entered into by
Briarwood Capital, LLC at the beginning of this case. It is for this reason that the Fraud Discovery
Institute, Inc on January 6th, 2009 first checked, by phone, with the lawyer in charge of the Lennar litigation
on behalf of Briarwood Capital, LLC before alluding to this particular deposition in the report.
29
Mr. Petrocelli, no doubt, was attempting to establish a pattern similar to his previous case of Stephen
Slesinger, Inc., v. Walt Disney Company, Inc. in which men dressed as janitors entered office buildings and
stole attorney-client information that they were not entitled to. Of course, there is no point of similarity
between the Disney case and this issue—especially since the bank employee did the right thing and refused
to provide information.
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Mr. Petrocelli went into “attack and proactively discredit the messenger” mode.
He apparently wanted to create doubt about our first red flag by showing that
some underhanded ‘investigator’ appears to have attempted (albeit
unsuccessfully) to pretext Mr. Venneri’s personal banking information. It quickly
becomes apparent just how desperate and just how far Lennar and its counsel
will go to utilize the technique of diversion to take the sting out of the damaging
evidence of suspicious unreported related party transactions.
First, the predicate act of the undisclosed related party transaction between Mr.
Venneri and Mr. Jaffe comes solely from a proactive search of the public record.
This independent trail of evidence can be immediately corroborated and
duplicated by anyone in the media or Mr Petrocelli directly. Not one bank record
or bank balance was needed to string together this series of events, as a simple
title search on Mr. Jaffe’s primary residence reveals a third trust deed loan given
by the president of Canyon Finance, Inc a California Corporation with no
California lender’s license.
Immediately one has to ask how the COO of the nation’s second largest building
company with an established subprime lending division (UAMC) could receive a
real estate loan from a company with no California lender’s license. 30 Mr. Jaffe
clearly knows that loan applications for Lennar’s subprime mortgage division
disclose lending licenses in various states. 31
The most important part of this scenario is that the deposition further confirms an
undisclosed related party connection between Lennar Corporation, Mr. Venneri,
Mr. Jaffe, and Mr. Elieff. Mr. Petrocelli has essentially confirmed that he is not
representing the interests of Lennar or Mr. Jaffe as corporate counsel, but rather
the interest of Mr. Venneri. 32
No experienced identity thief in the world would call the main branch of a national
bank to steal personal information, as that is the only branch likely to discover the
misrepresentation of the identity thief, which lowers the likelihood of success in
this crime. A real criminal would instead call an 800 number of the national bank
so that the customer service employee would have no chance of recognizing Mr.
Venneri’s voice. The alleged identity theft makes no sense.
30
Please see addendum 9, Mr. Venneri’s entities and licensing and lack thereof licensing.
31
Please see http://lennarholidayhomes.co.uk/ParadisePalms/UAMC_Pre-Qual_Banking_Info.pdf.
32
Even if Mr. Petrocelli states that he was there on behalf of Lennar, how close does Mr. Venneri have to
be to the senior management of Lennar to get their general counsel to investigate an issue relating to his
personal finances?
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Maybe, faced with the devastating and inescapable public record proof of an
undisclosed related party transaction, someone not known to Mr. Petrocelli
wanted to taint the imminent release of this evidence and planted a silly call to
the bank. What we know for sure is that: (1) to his credit, the bank employee did
not reveal any of Mr. Venneri’s information, (2) the public record confirming the
related party transaction requires no personal banking information, and (3) in our
experience, thieves are smart enough to not attempt to extract information from
the very bank branch where the target is best known. In light of all of this, the
technique of diversion will not work here for Mr. Jaffe, Lennar Corporation or Mr.
Petrocelli.
Red Flag #3 In proactive fraud discovery, the “if then” argument is critical. If a
company is engaged in unlawful activity, then one would expect to find that this
behavior is not compartmentalized. Rather, it is likely prevalent in multiple areas
of the company’s business. In the case of Lennar Corporation, the public record
reveals exactly that. Moreover, when one digs below the surface of some of the
lawsuits involving Lennar Corporation, a clear pattern of apparent fraudulent
behavior emerges in multiple areas.
On December 19, 2008, Matt Haggman of the Miami Herald wrote the following
about Lennar’s president Stuart Miller:
Miller said Lennar's primary moves remain generating cash by selling off
its inventory of unsold homes, reducing land purchases and building fewer
homes. In the conference call, Miller said Lennar not only had $1.1 billion
in reserves - up from $642 million a year ago - but it received a $230
million tax refund, further fortifying its cash stash. ‘In 2009, cash
generation will continue to be our top priority,’ Miller said.
What Mr. Miller conveniently left out was how the company obtained the billion
dollars cash improvement through a June, 2008 5,000-victim filled bankruptcy
(LandSource/Newhall). How many people, companies and communities were
destroyed in the process of their cash improvement? The media and law
enforcement needs to hold Mr. Miller and Lennar accountable for where they got
this money, not the fact that they have it.
The irony is that the vehicle utilized by Lennar to generate cash (which, by their
own admission, has been and continues to be their top priority) is to simply stiff
their joint venture partners or anyone else owed a material amount of money.
This failure to pay multiple joint venture partners cannot be dismissed by the
company as some “net profit” dispute similar to Hollywood’s problem of the
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“rolling gross.” Rather, this is a failure to pay the principal dollars contributed by
various joint venture partners.
First consider the example of Forest Lawn Mortuary. The company is currently
suing Lennar Corporation for a breach of the operating agreement. David Waite,
legal spokesman for the mortuary, demonstrated that the lawsuit captures the
“Lennar methodology” - a blatant refusal to follow through with their written
contractual agreements - when he stated: quot;The agreement (between Forest
Lawn and Lennar) binds them, but they say they have moved on.quot;
The same can be said for a $30 million lawsuit against Lennar by RFC
Construction Funding LLC. In summary, RFC loaned $30 million to Palm Springs
LLC (owned and operated by Lennar) for the development of homes, hotels and
golf courses in Riverside, California. Apparently, Palm Springs/Lennar decided
to halt the project and keep the money, despite contractual obligations to the
contrary.
Then there is the horror of CALPERS (the California Public Retirement Fund),
and a 120 year old company called Newhall Ranch, part of LandSource, and a
syndicating bank Barclay’s, who collectively lost hundreds of millions of dollars
over 18 months primarily because of Lennar. In addition, CALPERS lost almost
one billion dollars in this transaction with Lennar.
How much money did Lennar, in the abovementioned transaction receive while
others lost? Lennar received 700 million and their sister company LNR received
700 million for an astounding total of $1.4 billion plus other fees. Note also that
Lennar’s COO Jonathan Jaffe served on the Executive Committee of
LandSource, from February of 2007 when the deal was made, through June of
2008 when the deal fell into bankruptcy and caused well over a billion dollars of
losses to date. There are now some 24 projects (including the Newhall project,
Mare Island, and Stevenson Ranch) wrapped up in this particular debacle largely
due to the fact that Lennar appears to have fraudulently thrown various interests
into LandSource when they obtained the original 1.4 billion they received out of
the transaction. They pledged their interest in certain projects as collateral, in
complete disregard for operating agreements that prohibited such behavior. The
company pledged their interest in certain projects to a “newer” joint venture
project in order to obtain fresh cash. The latter appears to be almost a ‘joint
venture Ponzi.’
For Lennar it does not stop with joint venture partners as in the LandSource
bankruptcy alone there are over 5000 creditors claiming they owed over 45
million dollars many of them smaller companies that cannot afford to take the
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‘cash hit.’ Contractors big and small have also been stiffed for hundreds of
thousands of dollars by Lennar. Consider the following few examples:
• 9/18/08 - Griffin Construction suing Lennar for $93,860 - contract/work not
paid
• 1/25/08 -Southern California Pipeline suing Lennar for $925,675 -
contract/work not paid
• 11/21/07 - Archuleta Concrete suing Lennar for $39,841 - labor and
concrete not paid
• 9/18/07 - Mesa Contracting suing Lennar for $3,567,781 - construction not
paid.
• 2/7/07 - Palomar Grading and Paving suing Lennar for $307,947 - labor
and materials not paid
This behavior is not limited in scope or “compartmentalized’ to just the courtroom.
A recent story reveals yet another problem area for Lennar that indicates a
prevailing attitude and standard business practice of taking shortcuts and taking
advantage of people. In “Chinese Drywall Fears Widen in SW Florida,” 33 we are
told of Lennar allegedly cheating in the home building process with the
undisclosed use of drywall from China. This secret approach has resulted in
claims of defective homes, and makes it apparent that Lennar will cut costs no
matter who gets hurt in the process.
One Lennar whistleblower wrote and mailed a letter to us from Santa Ana,
California in October of 2008. It states: 34
As a manager I have witnessed endless improprieties made by Stuart Miller
(Lennar’s CEO), Jon Jaffe (Lennar’s Chief Operating Officer) and
management
In the last 5 months, I have been involved in unwinding all of material Lennar
off-balance sheet joint ventures. I have been instructed to move everything
back on to the balance sheet as quickly as possible to avoid any further
inquiries from either the FBI or the SEC enforcement agency. As I review
each joint venture, I am finding countless abuse and improper accounting
treatment.
33
Please see addendum 15, Chinese Drywall Fears Widen in SW Florida. More about the application of
this point will be in point 7.
34
Please see addendum 16, unabridged whistleblower letter. A more thorough examination and application
of this letter will be made in point 5.
18. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
Red Flag #4 The legal disclosures provided by Lennar in SEC filings regarding
their many lawsuits are hopelessly inadequate, and in our opinion, this
constitutes a material misrepresentation of the company’s true financial condition
through the potential exposure of filed suits. For example, in their latest Q they
summarize all of the legal proceedings made in this report and the hundreds of
others by the below paragraph.
In their latest 10-Q, Lennar states:
Item 1. Legal Proceedings. In August 2008, we entered into a Settlement
Agreement with the Bay Area Air Quality Management District under
which we agreed to pay $515,000 in settlement of claims that a
subcontractor on a major project in the San Francisco Bay Area of
California failed to properly maintain air sampling equipment and that
another subcontractor failed to comply with the requirements regarding
washing truck tires and maximum truck loads that are intended to prevent
tracking out of dust.” 35
That’s all? A company with hundreds of lawsuits and hundreds of millions of
dollars on the line dedicates about 5 lines of disclosure, and doesn’t even allude
to the potential of a material adverse effect.
In the company’s latest 10-K, the ‘Legal Proceedings’ disclosure states:
We are party to various claims and lawsuits which arise in the ordinary
course of business. Although the specific allegations in the lawsuits differ,
they most commonly involve claims that we failed to construct homes in
particular communities in accordance with plans and specifications or
applicable construction codes and seek reimbursement for sums allegedly
needed to remedy the alleged deficiencies, assert contract issues or relate
to personal injuries. Lawsuits of these types are common within the
homebuilding industry. We do not believe that the ultimate resolution
of these claims or lawsuits will have a material adverse effect on our
business, financial position, results of operations or cash flows.
From time-to-time, we also receive notices from environmental agencies
regarding alleged violations of environmental laws. We typically settle
these matters before they reach litigation for amounts that are not material
to us.
35
Please see page 50 of http://www.sec.gov/Archives/edgar/data/920760/000119312508209125/d10q.htm.
.
19. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
This standard disclosure language may work for other companies but not Lennar.
Even the cost of defending these multiple lawsuits--should they defy odds and
win them all--is clearly material. It is the view of the Fraud Discovery Institute,
Inc that Lennar Corporation has absolutely no intention of paying what is
rightfully owed to joint venture partners, and that is why they make such an
inadequate legal proceeding disclosure despite what is presented by the below
graph titled ‘Lennar Litigation Skyrockets!’
However, Lennar’s delusional, predatory approach to doing business may not be
shared by the SEC, certain judges, and possibly juries. Therefore, when facing
multiple millions of dollars in claims over “principal” dollars contributed by a joint
venture party, no amount of positive “spin” can change the reality that this is a
most incomplete and misleading legal disclosure as we have ever seen.
(Full-page graph follows)
20. info@frauddiscovery.net
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Lennar Litigation Skyrockets
Lawsuits
1. The cases include the reported cases in which Lennar Corporation and/or its
affiliates are parties, either as a plaintiff or a defendant.
2. Lennar’s “Affiliates” are listed on the accompanying Schedule of Lennar
Corporation’s Affiliates. 36
36
Please see addendum 17, report from attorney Michelle Baker.
21. info@frauddiscovery.net
Phone & Fax:
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Red Flag #5 The whistleblower letter referenced previously corroborates the
following four critical facts about Lennar’s manipulation of the numbers and the
players:
A. The expenses and profits of the various Lennar joint ventures are
manipulated by the company at random and shifted from one joint venture to
another as it best suits the senior management of the company. This
corroborates the Briarwood Capital claim that their capital contribution of
$37.5 million was used on a totally unrelated Lennar joint venture project.
The whistleblower writes:
For example, Mr. Miller’s friends such as Rony Seilkaly, have invested in
multiple joint ventures, where Mr. Miller has verbally promised a
guaranteed preferred return and/or no principal loss on his investment.
Case in point: Mr. Seilkaly was an investor in 4 separate joint ventures
during the height of the real estate frenzy. Mr. Miller ordered us to pay
back Mr. Seilkaly and his company their principal and his guaranteed
preferred return on one joint venture and the principal back on three other
joint ventures. These four joint ventures are projected to incur significant
losses and Mr. Miller chose to have Lennar's shareholders take the
losses, not Mr. Seilkaly.
B. Lennar Corporation’s senior management freely manipulates financial
information by hiding debt and creating fictitious profitability, to deceive
stockholders, analysts and future investors who rely on these inaccurate
figures. 37
The whistleblower states:
In the last 5 months, I have been involved in unwinding all of material
Lennar off-balance sheet joint ventures. I have been instructed to move
everything back on to the balance sheet as quickly as possible to avoid
further inquiries from either the FBI or the SEC Enforcement Agency. As I
review each joint venture, I am finding countless abuse and improper
accounting treatment. These joint ventures were created to hide significant
debt positions and to deceive the shareholders, Wall Street analysts and
credit rating agencies.
37
This kind of allegation relating the manipulation of financial information relied upon by the public is also
a charge/allegation contained in the Stockholder/derivative lawsuit. Please see addendum 18.
22. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
C. Our client, Briarwood Capital, is accurate in its claims of fraud and abuse
by Lennar Corporation, as the whistleblower states:
I am aware you are seeking legal action against Lennar for improper
management relating to your joint venture. As a manager, I have
witnessed endless improprieties made by Stuart Miller, Jon Jaffe and
management. I have to admit - you stand correct in your legal action
against Lennar.
D. Lennar Corporation regularly engages in undisclosed, related party
transactions just like the $5 million undisclosed loan from Mr. Venneri to Mr.
Jaffe discussed in our first red flag. The whistle blower notes how the
Venneri/Jaffe situation is a pattern of behavior rather than an isolated incident
when he states:
Another example is the Playa Vista joint venture. This also included Mr.
Miller's friend where the company had to return their principal investment.
Why he didn't require them to take their pro-rata loss is harming and
upsetting. Bottom line, these are not 3rd party investors. It is unfortunately,
you are not a close friend of 'Mr. Miller. I can guarantee Stuart Miller, Jon
Jaffe and management are extremely sensitive to this matter.
Red Flag #6 Forensic CPA and Certified Fraud Examiner Tracy Coenen
examined the correspondence between the SEC and Lennar relating specifically
to their joint ventures. In our view, every fraud has two components:
concealment of debt and inflation of income.
Joint venture projects are safe havens for concealed debt since they are off
balance sheet entities. According to Ms. Coenen:
A significant issue for Lennar is the level of debt carried by the joint
ventures (unconsolidated entities) it is involved with. This debt is referred
to as “off balance sheet” because Lennar doesn’t report it on its own
financial statements. And while this reporting may comply with the
accounting rules, it is often conveniently used by companies that want to
hide their true financial condition.
23. info@frauddiscovery.net
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The SEC was clearly interested in the issue of the debt of the joint
ventures, and asked Lennar for details 38 including:
Terms of the debt held by your unconsolidated entities, including
average interest rates, whether the debt is fixed vs. floating,
maturities, amount of principal payments due by period, material
covenants, and whether these entities were in compliance with the
covenants at the date of your balance sheet.
Did Lennar choose transparency in its response? No. The company chose
vague and evasive answers that provided essentially no details about the
debt of the joint ventures. Lennar kindly stated, however, that it does in
fact know about the debt and monitors it. 39 But no details for the SEC.
Why does a company refuse to provide information to a regulatory body?
One can only conclude that there is something to hide. A company truly
interested in being transparent about its financial condition would provide
the information requested by the SEC.
And what could there be to hide? Lennar had $4.6 billion of liabilities on its
own balance sheet as of August 31, 2008. On the same date, the debt of
the joint ventures totaled another $4.7 billion. That’s clearly a material
amount. And even though Lennar represents that it only guarantees $630
million of the joint venture debt, the total debt load of $9.3 is massive, and
the details should certainly be of interest to investors.
Off-balance sheet debt is a major issue, especially in light of fallen
companies like Lehman Brothers and Bear Stearns which used these
types of deals aggressively. The debt is not included on the face of
company’s financial statement, and therefore essentially hidden from view
of investors. How convenient.
38
Please see, for example, the SEC correspondence with Lennar Corporation at http://www.sec.gov/cgi-
bin/browse-
idea?action=getcompany&CIK=0000920760&type=corresp&dateb=&owner=exclude&count=40.
39
It should be stated that a huge contradiction exists here for Lennar. How in the world do they state to the
SEC that they monitor closely the debt of their joint venture partners and yet turn right around, with their
thumbs underneath their suspenders and say “We don’t know how it happened, Briarwood Capital, LLC,
but the most successful of our joint ventures, The Bridges, has surprisingly lost money.”
24. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
Lennar’s true financial condition borders on insolvent, and the company uses
voodoo accounting to mask this. According to one writer, 40 Lennar:
1. Is borderline insolvent;
2. Makes use of voodoo accounting to book profits from assets held off
balance (to boost performance metrics) and conceals significant debt off
balance sheet as well (to health metrics);
3. Is operating at negative margins;
4. Is significantly discounting an exorbitant amount of inventory that is
extremely overvalued in a highly unfavorable macro environment that is
getting worse, not better.
The writer compares Lennar to Enron, 41 a company that was found to be
aggressively and inappropriately using off-balance sheet entities to cover up its
true debt levels and fraudulently inflate earnings.
In the case of Lennar, the company’s financial outlook certainly isn’t rosy. In
addition to an extremely weak real estate market and a high debt load both on
and off the balance sheet, there are new conditions on Lennar’s line of credit. 42
The joint venture debt is so troublesome to J.P. Morgan Chase, that in its latest
credit agreement with Lennar, the bank required the company to immediately
begin reducing its exposure to the debt.
The excuse used by companies like Lennar is often, ‘Hey, we are fully regulated
by the SEC so if there was something wrong with us, then it would have shown
up by now.’
Of course, those things that may be “wrong” aren’t likely to be shown to the SEC
by Lennar. Things like improper related party transactions, a hopelessly
inadequate legal disclosure despite some 304 filed suits, off balance sheet debt
and a variety of other items are things that companies actively conceal from the
SEC. Until now, the SEC has not been able to see the “below the surface”
activities of Lennar Corporation’s true financial condition and lack of corporate
governance.
40
Please see http://boombustblog.com/index.php/2007112041/Voodoo-Zombies-Lennar%92s-Off-Balance-
Sheet-Accounting-and-Other-Things-of-Mystery-amp-Myth.html.
41
Ibid.
42
Please see amended credit agreement dated November 7, 2008 in addendum 19.
25. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
Red Flag #7 In the dispute over the Chinese drywall, Lennar misses the real
issue. In a statement released on December 23, 2008, Lennar said that it was
not the fault of Lennar (those darn sub contractors just can’t be trusted), that the
Chinese drywall was not authorized to be used in Lennar homes, but that the
problem was not widespread enough to be deemed material.
Darin McMurray, Lennar’s Southwest Florida division president, 43 stated:
So far, our investigation in Southwest Florida shows that independent
subcontractors installed Chinese drywall in a very small percentage of Lennar
homes built between November 2005 and November 2006…
This statement is problematic, first, because the investigation is not complete.
Further, the issue is not how many (or how few) homes have been built with the
faulty and unauthorized Chinese drywall. The real issue is that this is an apparent
pattern of behavior seen across multiple divisions of Lennar.
This incident indicates an attitude of “cut costs no matter how it might hurt the
victim homebuyer, joint venture partner, etc.” In other words, Lennar is a
company with a track record of doing business in a manner that always seeks to
place their interests ahead of the customers and stockholders. We therefore
expect to find evidence of that behavior in multiple areas, and when one takes a
closer look at the company, that does appear to be the case.
Red Flag #8 This report has already established that Lennar Corporation
appears to violate their joint venture operating agreements. Lennar and its
subsidiaries freely transfer their interests from one joint venture project to
another, even though their agreements prohibit this. One such example appears
in the LandSource bankruptcy, in which 24 properties that were never part of the
original deal are now a part of the legal proceedings. Why transfer interests
between joint ventures? It is likely because the newer ventures have new cash to
deplete and plenty of time before the partners find out about the transfers.
Even more problematic is the fact that these transfers have essentially created
one giant Ponzi scheme with the joint venture activities. In most Ponzi schemes,
the perpetrator receives the money, disperses it, and then is left in debt and
looking for new sources of money, until the scheme fails and bankruptcy occurs.
43
Please see
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=115x180093 where
Mr. McMurry, Southwest Florida Division President of Lennar Corporation.
26. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
Once the perpetrator has a track record of bankruptcy, he is finished and unable
to raise additional funds.
But this is not the case with Lennar Corporation. Because Lennar is a large
public company and appears to be untouchable (thanks to political connections
and legal bullying), they have been able to continue to raise money even after
several failed and bankrupt projects. Lennar recently claimed that they
possessed more than 1 billion dollars in cash. Our point is that had they not
looted LandSource or entered into a questionable tax refund driven deal with
Morgan Stanley, they would have little to no cash at all. Looting LandSource and
being the recipient of tax refunds appear to be a bit inconsistent with the Builder’s
business model.
Lennar’s joint ventures end up being part of a Ponzi scheme because
management appears to fraudulently transfer assets and then robs the cash from
one entity to fund another, newer entity on a continuous basis. Depending on
management’s desire to offer preferential treatment to one party or another 44 ,
they can hit one project with huge expenses (making it unprofitable on paper)
and significantly reduce the expenses of the preferred project (making it
profitable on paper).
This is type of Ponzi scheme is exactly what the whistleblower alluded to, and
what the serious student of the public record can easily conclude. It is clear that
Lennar Corporation is currently perpetrating its scheme through the misallocation
of expenses, unauthorized shifting of funds, and untenable and unpredictable
returns.
Red Flag #9 How many people looking at this company have to be wrong for
Lennar to be right? There is a cumulative effect of Lennar’s behavior. It has
been established multiple times that fraud is not compartmentalized, and instead
appears abruptly in multiple areas of a company’s business. The ensuing result
becomes a cumulative effect on the credibility of the company and its senior
management.
Why? Simply stated, how many hundreds of people (including past employees,
current homeowners, past and present joint venture partners) would have to be
lying for Lennar’s version of events in these matters to be believed? How many
people must be discredited in order for Lennar to be the exploited victim that
management portrays the company to be?
44
Please see Whistleblower letter in addendum 16.
27. info@frauddiscovery.net
Phone & Fax:
1-888-300-8307
How many ethical hoops must the average person or stockholder jump through
to convince themselves that it is not the much smaller developers, pension funds
and various communities violating operating agreements on a whim and breaking
commitments ad infinitum, ad nauseam?
On the contrary, based on this evidence and the additional evidence we intend to
uncover in the future, this situation appears to have all the predicate act
ingredients of a civil RICO case. Not the least of these ingredients are the
undisclosed related party transactions, the obscured joint venture debt, and the
way Lennar actively seeks to deter adverse parties from seeking legal remedies.
With all of these in play at once, where does a party turn when a clear violation of
an agreement is witnessed? If the person defrauded is convinced that there is
collusion for the sole purpose of legal intimidation, the playing field for the
average party without deep pockets is not level.
Based on the multiple predicate acts just taken from the public record and those
we will reveal shortly, it is clear that Lennar Corporation, its senior management,
and its subsidiaries have engaged in apparent fraudulent behavior over a
sustained period of time that appears to meet the civil RICO burden.
Red Flag #10 An examination of some of the “either or” arguments in this matter
help summarize and clarify the issues:
• Either Lennar Corporation misuses its status as a public company on the
New York Stock Exchange through the intentional exploitation of their
smaller and less capitalized business partners or they do not.
• Either the senior management of Lennar Corporation by and through its
subsidiaries are serial borrowers and pledgers of collateral of joint venture
assets in prohibition of operating agreements or they are not.
• Either Lennar Corporation’s Chief Operating Officer was involved in a $5
million undisclosed related party transaction (possibly payment for
services, disguised as a loan) or he was not.
• Either Lennar Corporation’s senior management wired $37.5 million
sourced from their joint venture partner without authorization or consent to
an unrelated project or they did not.
• Either Lennar Corporation ruined LandSource, including a 120 year old
development company, NewHall Ranch and pocketed 1.4 billion, along
with their sister company which caused massive losses to CALPERS,
Barclays Bank and over 5000 other creditors or they did not.
28. info@frauddiscovery.net
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• Either the company intentionally exploits the legal system to preserve
cash by forcing anyone owed a material amount of money to “sue to get it”
no matter what was in the contract or they do not.
• Either Lennar Corporation regularly treats their joint venture projects like
their own personal checkbooks, violates operating agreements, and
masks their true debt obligations through off balance sheet transactions or
they do not.
• Either the company makes adequate disclosures in their SEC filings about
their legal proceedings or they do not.
• Either the company utilized Chinese drywall to cut costs and hoard cash at
the expense of the unknowing home purchasers or they did not.
• Either Lennar Corporation will continue to get away with the blatant
exploitation of the innocent (and may even receive a backdoor
government bailout because of their political connections) or we, our
client, former employees and other Lennar Corporation victims will once
and for all successfully expose this apparent financial crime in progress.
.
Certain Disclosures
By way of introduction, the Fraud Discovery Institute, Inc. has proactively
uncovered more than 20 cases of investor fraud similar to the alleged Madoff
Ponzi scheme. One of our cases was actually made into a ‘made for television’
movie titled “Million Dollar Con Man,” which aired less than a year ago
overseas. 45 The FBI has even commended the Fraud Discovery Institute, Inc. for
its efforts by writing a letter corroborating the uncovering of “hundreds of millions”
in financial fraud.
Even the Federal judge who presided over the criminal case of ZZZZ Best and, in
March of 1989, pronounced a sentence of 25 years, would commend us almost
20 years later. Steve Kroft of 60 Minutes reported:
He’s now helped authorities uncover far more fraud than he ever
perpetrated.” And as a result, Judge Dikran Tevrizian, who originally
sentenced Minkow to 25-years, released him from the terms of his
probation. “He has done some good things. He's uncovered several
hundreds of million dollars worth of frauds. And I give him credit for that,”
says Tevrizian, who's heard from federal authorities that Minkow has
45
Please see addendum 20, Million Dollar Con Man.
29. info@frauddiscovery.net
Phone & Fax:
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helped in various investigations. “Not only the federal agencies, local
agencies, but the insurance industry in uncovering lots of frauds that have
been committed. 46
Additionally, and perhaps most ironically, the lead prosecutor of the ZZZZ Best
fraud was Mr. James Asperger, a current partner at O'Melveny & Myers LLP, the
same firm that currently represents Lennar Corporation against our client,
Briarwood Capital, LLC. Mr. Asperger in both an endorsement of Mr. Minkow’s
book titled “Cleaning Up” 47 and through an investor fraud series titled “Frauds
Gone Wild” said:
As Barry Minkow’s prosecutor, I zealously prosecuted him for his crimes
relating to the ZZZZ Best fraud. With that same zeal, Barry has made a
remarkable turnaround—both in his personal life and in uncovering far
more fraud that he ever perpetrated. 48
Typically, the Fraud Discovery Institute, Inc when investigating public companies
discloses that either Mr. Minkow or the company is “short” the stock (or
purchased the options) on the company that is the subject of the report. This
disclosure has been on the company web site for over two years (please see
http://www.frauddiscovery.net/privacy.html).
In the case of Usana Health Sciences, Inc, that company sued the Fraud
Discovery Institute, Inc in Federal Court for stock manipulation and slander
among other charges. That case has been since settled to both parties’
satisfaction. In that particular case, the Fraud Discovery Institute, Inc prevailed
on a “SLAPP Motion” and FDI was also awarded legal fees. 49 Judge Campbell
also published her opinion in our case which we have made available in its
entirety. 50
46
Please see http://www.cbsnews.com/stories/2005/05/19/60minutes/main696669_page2.shtml.
47
Please see http://www.nytimes.com/2005/02/20/books/bestseller/0220besthardnonfiction.html).
48
Cited from back cover of ‘Cleaning Up.’ That book hit the New York Times extended best seller List on
three occasions. In no way is the citing of this quote of Mr. Asperger’s an endorsement by him or meant to
imply that he agrees with the Fraud Discovery Institute’s views and conclusions regarding Lennar
Corporation. This quote is provided to establish expertise in the field of proactive fraud uncovering from a
partner at the same firm as opposing counsel in our client’s litigation. It is also being utilized to prevent a
priori dismissal of our track record in accurately identifying financial fraud.
49
Please see addendum 21.
50
Please see addendum 22, actual opinion in Usana v. Minkow and the article confirming legal fees
awarded by the judge to the Fraud Discovery Institute, Inc.
30. info@frauddiscovery.net
Phone & Fax:
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However, in the case of Lennar Corporation, neither the Fraud Discovery
Institute, Inc nor Barry Minkow are currently short the company stock or have
purchased put options. The reason for this is simple and straightforward: There
is a paying client in this case, and we wanted to prevent the possibility of
diverting attention from the serious legal issues here to an “ex-con short seller.”
Now Mr. Minkow will simply be the ex-con minus the “short seller.”
Conclusion
The enclosed report is not everything there is to know about Lennar Corporation,
but everything law enforcement needs to know to establish probable cause to
investigate what appears to be a blatant financial crime in progress. Sadly, the
Fraud Discovery Institute reluctantly took on this Lennar Corporation assignment.
The main reason we were reluctant is that even a cursory examination of the
public record reveals the litigious nature of Lennar in an effort to deter potential
critics of the company and even court experts from exposing the real way Lennar
does business.
If we did not represent the victims in this case simply because of our fear of legal
action by Lennar, who would? Someone must step up and proclaim that the
“Lennar Emperor has no clothes,” even during a time when money is tight for
many consumers and fear is preeminent. We have always held the firm belief
that someone needs to speak for the victims and make sure their voice is
heard—especially when there are many screaming the “fraud” allegation about
the same company.
As we continue to work daily on this case, please let us know if you are in need
of any further information.
Respectfully Submitted
Barry Minkow
Co-Founder, Fraud Discovery Institute, Inc
Reviewed by Shannon Boelter
Private Investigator, CA # 25643