Investment Fraud Case Results in Guilty Plea

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WPCNR POLICE GAZETTE. Special to WPCNR from the Federal Bureau of Investigation. March 6,2011:


PREET BHARARA, the United States Attorney for the Southern District of New York, announced recently that STEPHEN SHEA, the former chief operating officer at Sky Capital, LLC, has pled guilty in Manhattan federal court in connection with a scheme to defraud investors through two successive securities broker-dealers—The Thornwater Company, L.P. (“Thornwater”), and Sky Capital, LLC.


According to the superseding indictment to which SHEA pled guilty, and statements made during the guilty plea proceedings before U.S. District Judge PAUL A. CROTTY:


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From 1998 through 2006, SHEA participated in a scheme with ROSS MANDELL, ADAM HARRINGTON, and others to defraud investors through material misrepresentations and omissions that induced people to invest in private placements and other purported securities investment opportunities. In fact, investor funds were substantially used to enrich the defendants and others; to pay excessive, undisclosed commissions to brokers; and to pay off victims who had lost money through prior purported investment opportunities.


In connection with the scheme, brokers, acting primarily from the offices of Thornwater and Sky Capital, LLC, in New York, New York, raised a total of approximately $140 million from investors. MANDELL allegedly controlled the operations of both broker-dealers.


As part of the scheme, brokers at Sky Capital, LLC, manipulated the market price of the stock of two affiliated entities, Sky Capital Holdings Ltd., and Sky Capital Enterprises Inc. (collectively “Sky Capital”). SHEA and others directed the market manipulation of Sky Capital stocks by enforcing a “no-net sales” policy designed to inflate the price of Sky Capital stocks. SHEA, and allegedly MANDELL and HARRINGTON, made undisclosed payments to Sky Capital brokers in exchange for their assistance with this aspect of the scheme.


* * *


SHEA, 38, of Brooklyn, New York, pled guilty to conspiracy and securities fraud charges. The conspiracy count carries a maximum sentence of five years in prison, and the securities fraud count carries a maximum sentence of 20 years in prison. SHEA faces a maximum fine of $250,000, or twice the gross gain or loss from the offense on the conspiracy count, and a maximum fine of $5 million on the securities fraud count. SHEA also faces mandatory restitution to the victims of his crimes. The charges against MANDELL and HARRINGTON remain pending and are merely accusations. They are presumed innocent unless and until proven guilty.


* * *


Mr. BHARARA praised the investigative work of the Federal Bureau of Investigation. He thanked the U.S. Securities and Exchange Commission for its assistance in this matter.


This case was brought in coordination with President BARACK OBAMA’s Financial Fraud Enforcement Task Force, on which Mr. BHARARA serves as a co-chair of the Securities and Commodities Fraud Working Group. President OBAMA established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes.


The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

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Pace Announces Lecture on U.S. Debt With Britain

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 WPCNR WHITE PLAINS LAW JOURNAL. From White Plains Historical Society. March 5, 2011:


 Barnard College History Professor Herbert Sloan will chronicle in the 2011 John Jay Lecture, the early American colonists ran up large debts to British merchants before the start of the American Revolution. The ensuing struggle took nearly three decades to resolve, and John Jay—a Founding Father and the country’s first Chief Justice of the Supreme Court—was central to the drama. Of interest to legal aficionados and history buffs alike, Professor Sloan’s lecture will recount the story of the debts that bedeviled US relations with Great Britain for nearly a generation and Jay’s role in working them out.


The lecture is Thursday March 10 at Pace University Law School, 78 North Broadway in the Robert B. Fleming Moot Courtroom,4 PM



Professor Sloan, a recipient of the Emily Gregory Award for Teaching Excellence at Barnard, teaches Colonial and Revolutionary history. His published works include Principle and Interest: Thomas Jefferson and The Problem of Debt (1995) and “The Earth Belongs to the Living,” in Peter S. Onuf, ed., Jeffersonian Legacies (1993). He is presently working on a book to be titled The Fall and Rise of Nancy Randolph. Interested in documentary editing, he serves on the editorial board of The Papers of Thomas Jefferson and is the chair of the editorial board of The Papers of John Jay.  

 

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SINGIN IN THE RAIN COMES TO WBT MARCH 24

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WPCNR STAGE DOOR. From Piaa Hass, Westchester Broadway Theatre. March 4, 2011:

 

The Hit Musical, Singin’ In The Rain, is an all-singing, all-dancing extravaganza opening March 24 at Westchester Broadway Theatre.

 

 Based on one of the most celebrated and beloved movies of all time, Singin’ In The Rain jubilantly taps its way onto WBT’s stage this Spring.  Reveling in parody, the musical turns the precarious birth of the “talkies” (and the demise of nearly all silent picture stars during the late 20s) into an unforgettably hilarious, light-hearted romantic comedy.

 

 Singin’ In The Rain has been described as “one of the best musicals of all time” featuring some of the best loved comedy routines, dance numbers, and songs ever written, including “Good Morning,” “Make ‘em Laugh,” “Moses Supposes,” “You Were Meant For Me” and, of course, “Singin’ in the Rain.”

 

The musical  was adapted by Broadway legends, Betty Comden and Adolph Green,  from their own original award-winning screenplay of the 1952 hit musical film that starred Debbie Reynolds and Gene Kelly.  Lyrics by Arthur Freed and music by Nacio Herb Brown. The WBT production, Directed by Richard Stafford and starring Jeremy Benton and Shannon O’Bryan, will run from March 24 through June 12th, 2011.

 

 

Singin’ features:

 


Shannon M. O’Bryan ( Kathy Selden) B’way: 42nd Street, Irving Berlin’s White Christmas,  Encores!: Follies, Of Thee I Sing. Starred as Peggy Sawyer in 42ND STREET at Westchester Broadway Theatre and performed the role all over the U.S and in Moscow, Russia.  Some Tours/Regional credits include, Irving Berlin’s White Christmas (Judy Haynes), An American in Paris (Mimi), Face the Music ,Grease (Sandy), and Gypsy (Dainty June) 42nd Street 1st national (Peggy).


 

Jeremy Benton (Don Lockwood)  Broadway: 42nd Street (w/Shirley Jones). Film: The Producers Tours/Regional: 42nd Street, Irving Berlin’s White Christmas (Original Cast Recording), Kennedy Center’s Mame (w/Christine Baranski) Premieres: The Witches of Eastwick (w/Marc Kudisch), Lone Star Love (w/Randy Quaid), Ace (w/Emily Skinner), An American In Paris (w/Harry Groener), Stormy Weather(w/Leslie Uggams), Backwards In High Heels (played Fred Astaire), Reel To Real: The Movies Musical (Beijing/Edinburgh debut). Favorites include Billy Lawlor in 42nd Street, Bobby Child in Crazy For You, Billy Crocker in Anything Goes,  Pat Gilbert in State Fair, Harry Bailey in A Wonderful Life, and Bob Hope in CAGNEY! 

 


Show Times:

Wednesday & Thursday Matinees: Lunch: 11:30am &. Show: 1pm.

Thursday Friday and Saturday Evenings: Dinner: 6:30pm. & Show: 8pm

Sunday Matinees: Lunch: 12pm &. Show: 1:30pm.

Sunday Evenings: Dinner: 5:30pm. & Show: 7pm  

Reservations:  Call (914)-592-2222. Also at:  www.BroadwayTheatre.com   

Group Reservations:  Discounts for Groups of 20 or More: Call 592-2225.

 

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Stealing Trade Secrets: 3 Years in Prison for Trader

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WPCNR POLICE GAZETTE. Special to WPCNR from the Federal Bureau of Investigation. March 2, 2011:


PREET BHARARA, the United States Attorney for the Southern District of New York, announced that SAMARTH AGRAWAL, a former trader at Société Générale (“SocGen”), was sentenced in Manhattan federal court to 36 months in prison for theft of trade secrets and interstate transportation of stolen property charges. AGRAWAL was found guilty on November 19, 2010, by a jury of stealing proprietary computer code used in SocGen’s high-frequency trading business and of interstate transportation of the stolen code. U.S. District Judge JED S. RAKOFF imposed the sentence on AGRAWAL.


Manhattan U.S. Attorney PREET BHARARA said: “Aggressive protection of intellectual property is essential to America’s current economic prosperity and future success. Today’s sentence confirms that theft of intellectual property by people like Agrawal is a serious federal offense that can lead to substantial jail time.”


According to the evidence presented at trial and at the sentencing hearing:


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According to the evidence presented at trial and at the sentencing hearing:


From March 2007 to November 2009, AGRAWAL worked at SocGen’s New York offices, first as a quantitative analyst and then as a trader in SocGen’s High Frequency Trading Group. Over the past several years, SocGen has spent millions of dollars developing a computer system and associated computer code (the “Code”) that allowed SocGen to engage in sophisticated, high-speed trading on various securities markets.


The Code and its associated trading programs have generated millions of dollars in profits for SocGen. SocGen has taken several steps to protect the confidentiality of the Code, including limiting access to only those employees whose jobs require it, and then to only those portions of the Code related to their job; monitoring its computer systems and restricting electronic transfers outside of its computer systems; and preventing the computers used by individuals in the High Frequency Trading Group from making portable electronic copies of the Code.


In April 2009, AGRAWAL was promoted to the position of trader within SocGen’s High Frequency Trading Group. On Friday, June 12, 2009, AGRAWAL obtained access to a unit of the Code relating to the type of trading activity in which he was involved (“Unit A”). The next day, he printed out hundreds of pages of Unit A Code from his office at SocGen. He was caught on surveillance cameras stashing the printouts of the Code in a backpack. He then took the Code from SocGen’s New York offices to his home in New Jersey.


Before he obtained access to the Code, printed it out, and took it home, AGRAWAL had been trying to leave SocGen to find more lucrative work at another company that engaged in high-frequency trading. In particular, he was negotiating with Tower Capital Research LLC (“Tower”), a proprietary trading group and hedge fund, to develop a high-frequency trading system for Tower. During a meeting on June 8, 2009, with partners of Tower, he claimed he had a complete understanding of SocGen’s Unit A trading system and said that he wanted to build a copy of the same trading system at Tower.


In early July 2009, the Tower partners offered AGRAWAL a job which would have paid him a total of $575,000 up front, plus 20 percent of the profits generated by the copy of SocGen’s Unit A trading system that he intended to build at Tower. AGRAWAL agreed to these terms in principal in August 2009. Between June and November 2009, he met repeatedly with the Tower partners and other employees and disclosed confidential details of SocGen’s trading system to them.


On November 17, 2009, AGRAWAL submitted a letter of resignation to his supervisor at SocGen. In the months that followed, until he was supposed to start work at Tower in April 2010, he disclosed to Tower employees further details of SocGen’s trading system that he obtained from the Unit A Code he had printed out and taken home, in order to give Tower employees guidance on the structure of the high-frequency trading system he wanted them to build.


AGRAWAL was arrested on April 19, 2010, the day he was supposed to start work at Tower. A subsequent search of his apartment revealed the copy of the stolen Code, which was neatly organized in folders on his desk.


In addition to the prison sentence, Judge RAKOFF ordered AGRAWAL to serve two years of supervised release following his prison sentence.


Mr. BHARARA praised the investigative work of the FBI in this case. Mr. BHARARA also thanked Société Générale for its cooperation in the investigation.


This case is being prosecuted by the Office’s Complex Frauds Unit. Assistant U.S. Attorneys THOMAS G.A. BROWN and DANIEL W. LEVY are in charge of the prosecution.

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Ponzi Scheme Mastermind of ATM Fraud Gets 97 Months in Prison

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WPCNR POLICE GAZETTE. Special to WPCNR from the Federal Bureau of Investigation. March 3,2011:


PREET BHARARA, United States Attorney for the Southern District of New York, announced that VANCE MOORE, II was sentenced Monday to 97 months in prison for his participation in an $80 million Ponzi scheme involving investments in automated teller machines (“ATMs”).


MOORE previously pled guilty in October 2010 before U.S. District Judge THOMAS P. GRIESA to one count of wire fraud conspiracy and nine counts of wire fraud for his involvement in the scheme. MOORE’s co-defendant, WALTER NETSCHI, previously was found guilty of the same charges by a federal jury after a three-week trial presided over by Judge GRIESA.


 



Manhattan U.S. Attorney PREET BHARARA said: “Vance Moore created an elaborate scheme to deceive investors, and he continued to lie when questions were asked. Today’s sentencing is another reminder that those who engage in Ponzi schemes will not go unpunished. This office will continue to work with our partners at the FBI to combat fraud schemes that victimize innocent investors.”


According to the evidence introduced at trial and other documents and proceedings in this case:


From 2005 through January 2008, MOORE, assisted by NETSCHI, successfully solicited more than $80 million dollars’ worth of investments in ATMs purportedly placed in various retail locations around the country, including convenience stores, gas stations, malls, and hotels. MOORE and NETSCHI claimed that the ATMs were bought by NETSCHI from third parties and serviced by MOORE. They also claimed that the ATMs would generate revenue streams for the investors, based on fees the ATMs charged for cash withdrawals.


MOORE provided investors with false documents he created showing that the investor owned ATMs were earning monthly revenue. In fact, 90 percent of the more than 4,500 ATMs were actually owned by other people or companies, or did not even exist. MOORE lied repeatedly to investors who inquired about their machines after noticing irregularities in the reports. Additionally, the monthly revenue payments that investors received were not actual revenues from ATMs, but rather other investors’ money misappropriated by MOORE and NETSCHI in order to further conceal their scheme from the victims.


The scheme also involved engaging in sham purchase negotiations with other companies that owned ATMs, so that MOORE and NETSCHI could acquire information on ATMs during the purported due diligence process. MOORE and NETSCHI then used the information and documents they obtained from these other companies to further deceive their investors, providing them with what looked like legitimate documents purporting to show that MOORE and NETSCHI actually owned and serviced the machines they claimed to have sold to the investors.


During the guilty plea proceeding on October 18, 2010, MOORE admitted that he participated in a fraudulent scheme to obtain money from investors to buy ATMs from NETSCHI that neither he nor NETSCHI ever owned. He further admitted generating false revenue reports for those ATMs to show investors the amount of money they purportedly were earning from their investment. He also admitted that the money he sent to investors as revenue from the ATMs was actually money he had gotten from other investors in the fraudulent scheme.


MOORE, 57, of Raleigh, North Carolina, was sentenced by Judge GRIESA to 97 months in prison and two years of supervised release.


NETSCHI is scheduled to be sentenced by Judge GRIESA on April 22, 2011.


Mr. BHARARA praised the work of the FBI in the investigation of this case.


The case is being handled by the Office’s Complex Fraud Unit. Assistant U.S. Attorneys ANTONIA M. APPS and CARRIE H. COHEN are in charge of the prosecution.

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City Assessment Roll Declines for the 10th Consecutive Year.Down $3.1M

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WPCNR QUILL & EYESHADE. By John F. Bailey. March 3, 2011:


The City Assessment Roll for 2011-12 was released at 3 P.M. Tuesday afternoon and it is down  $3.1 Million to $278,155,129, a decline of $3,163,737 as White Plains real estate values declined for the tenth consecutive year.


The SCHOOL DISTRICT ASSESSMENT ROLL IS DOWN $2.2M–(TO $279,791,432)creating an additional $1.2 Million revenue shortfall for the district. As this point, the district faces a $9.2 Million revenue gap to close to meet this year’s budget of $183.5 Million.



Ask not for whom the Roll Calls, it Calls for thee. The 2011-12 Assessment Roll debuted Tuesday.


WPCNR estimates the district either has to eliminate 100 positions from the payroll to avoid a tax rate increase, or raise the tax rate from $534.63 per thousand dollars of assessed valuation, to about $568 per thousand to make up that $9.2 Million gap–an approximate 6.3% tax increase — if the school district chooses to forgo layoffs. They could of course eliminate 100 jobs and make up the gap without a tax increase, or layoff fifty persons, and raise taxes 3%.Of course their may be more gap to come.


A total of 497 WHITE PLAINS TAXPAYERS will also lose the $1,400 STAR EXEMPTION,under the new state law enacted by the legislature last July (and exclusively reported by WPCNR). They have been determined to make over $500,000 a year, adjusted gross income. The assessor, Lloyd Tasch estimates — about 200 of those persons lost their $1,400 EXEMPTION because they did not respond to the assessor’s letter urging them to contact his office if they did not make $500,000 a year.

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Special Election Set for March 31 by Council

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. By John F. Bailey. March 3, 2011:


White Plains history was made Tuesday evening.



The Common Council passed a resolution 6-0 Tuesday evening calling a Special Election for Mayor for Tuesday, March 31, 2011. It is the first Special Election in the city’s history. Above, the historic moment Tuesday evening.


Tom Roach, Common Council President and Acting Mayor said prior to the vote, justifying the setting of the 30-day schedule by saying “White Plains has spent a year in limbo. It’s time for it to end.” The Council roll was called and Councilpersons Benjamin Boykin, David Buchwald, Milagros Lecouna, Dennis Power, Beth Smayda and Mr. Roach  all voted to set the date.


Speaking to WPCNR after the meeting, Roach said the Board of Elections would be able to print the ballots and program the optical scanner voting machines in time for the March 31 election. The city charter calls for the city in event of a vacancy in the office of the Mayor, to hold a Special Election within 60 days of the announcement of the vacancy. Adam Bradley resigned his position as Mayor February 28.  


According to a spokesperson at the Board of Elections Wednesday, Party nominees need to be registered with the Board 10 days after the Election date is declared by the city, which would be March 11, and independent individuals not nominated by a party have 12 days to get their signatures in to the Board. According to the Board spokesperson, the independent candidates, if there are any, have to collect 743 signatures to get on the ballot, and have until Monday, March 13, to get their paperwork in.


The Possibilities


WPCNR has learned that Glen Hockley has already started to collect signatures to put his name on the ballot. Hockley said he would be sure to file a certificate of acceptance this time. (He was removed from the November 2009 mayoral ballot by the Board of Elections for his failing to do so, and subsequently had his Federal Court lawsuit thrown out when he alleged his civil rights were being violated by the Board of Elections.)


Mr. Hockley said he was hopeful of being nominated by a recognized party, but definitely would be on the ballot on his line, he told WPCNR. Hockley has 12 days to collect his 743 valid voter signatures.


The Republican Party according to its Chair Brian Maloney has not nominated anyone yet. Queried if they might run Joseph Delfino, the former White Plains Mayor in a political comeback, Maloney said Delfino had not asked to be considered by the Republican nominating committee.Maloney  told WPCNR he has not invited Mr. Delfino to interview for the nomination.


Another possibility for the Republicans might be Bob Hyland who lost in a close race for Bill Ryan’s 5th County Legislature seat in November 2009. Mr.Delfino was seen cutting quite a swath at the Conservative Party dinner this week.The Conservative Party may announce its nominee as early as this Friday. 


Meanwhile, Mr. Roach, who is the Democratic City Committee nominee, may face a challenge from the floor when the Democrats meet one week from tonight (March 10th). Bill Ryan and the Councilman Benjamin Boykin are currently said to be lobbying district leaders in the Democratic Party.


Legal Challenge


In a legal development, Mr. Maloney has written a letter to the Special Counsel, U.S. Office of Special Counsel, and Secretary Janet Napolitano of the Department of Homeland Security alleging that Tom Roach running violates the Hatch Act by attempting to run for Mayor while Acting Mayor.


Roach dismissed this as the case Maloney is basing is protest, involved an appointed Acting Mayor, and  is not applicable in Roach’s opinion, since Roach is still serving as Council President. Part of that position duties are to serve as acting Mayor in event there is a vacancy in the Mayor’s office, as stipulated by the Charter. 


Asked if Mr. Maloney was considering filing a “Show Cause” order in court to halt the Special Election process awaiting a ruling, he said he would have to discuss that with his Executive Committee.


Maloney and Assemblyman Robert Castelli separately pointed out that the 30 day election schedule does not allow time to get absentee ballots to servicemen overseas, thus disenfranchising them. Casttelli said a law was passed by the Assembly Wednesday, and is expected to be passed by the State Senate and signed by Governer Andrew Cuomo Thursday as early as noon which would mandate in future special elections that 45 days be allowed to get absentee ballots out to veterans and servicemen.


Castelli ruefully allowed that such a law could not be retroactive.

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Castelli Hosts Budget Events

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WPCNR ALBANY ROUNDS. From Robert Castelli, Assemlyman, 89th District. March 3, 2011:


With legislative leaders announcing an updated schedule that puts them on track for an on-time budget, Assemblyman Robert J. Castelli (R, C – Goldens Bridge) has called for a Citizen’s Budget Session where local stakeholders in the 89th Assembly District can come and give their ideas, input, suggestions and express their concerns over the Governor’s proposed budget, prior to the Senate & Assembly budget actions and the Governor’s 30-day budget amendments.


Castelli will host a pair of events, the evening of Thursday, March 3rd, in North White Plains, and the afternoon of Friday, March 4th, in Bedford, respectively, where local elected officials, members of school groups and non-profits will be called to testify. Concerned taxpayers and members of the public will also have an open microphone to air their support and/or concerns which Castelli can than take back to the legislature prior to convening the joint budget conference committees on March 15th.


 

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Bronz Center Not Closing: Feiner. Meeting on it March 7

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WPCNR THE FEINER REPORT. From Paul Feiner, Greeburgh Town Supervisor. March 3, 2011:


After all the speculation and rumors, I and  the Board of Directors, would like to inform you that the Lois Bronz Children’s Center has no intention of closing.  Facing challenging economic times, we find ourselves in the same situation as many businesses across America, struggling to make ends meet.  However, LBCC isn’t like most businesses.  We provide vital services upon which hundreds of children and families depend every year.  Our board and staff take this responsibility seriously and remain committed to caring for your children. 


To address the financial pressure, we have made major adjustments to the way we operate.  We have taken many cost cutting measures in our back office operations and business processes. These measures were planned and implemented very carefully so that they would not affect the availability or the quality of your children’s early childhood education. 


For over 45 years, LBCC has been there for our parents who depend on us to take care of their children so that they can go to work. We are grateful for the support we have received over these four decades from Federal, State and County governments, WestCOP, corporations and other generous foundations and individuals.


Yet now, many of these organizations and individuals are facing their own fiscal crises.  It’s important to remember, that as a private not-for-profit facility – not a public institution – we rely heavily on financial donations and we have been actively seeking funds from new corporations, individuals and foundations


Now we turn to you for ideas to raise money.  It is the time for our community to come together to demonstrate its commitment to quality early childhood education in our own back yard.


On March 7th, I will host an indoor rally for parents and concerned community members.  We urge you to attend and invite family and friends who can help support LBCC.


We look forward to seeing you on March 7th at 6:30 pm at the Greenburgh Town Hall, 177 Hillside Avenue.  Please bring your ideas and donations!

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Fort Hill Players Invites You to The Cocktail Hour

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WPCNR STAGE DOOR. From White Plains FORT HILL PLAYERS. March 5, 2011:


 


The Fort Hill Players  announce THE COCKTAIL HOUR By A. R. Gurney and Directed by Steward Hanges Starring:  Catherine Carter, Scott Griffith, Greg McCormack, Jennifer Weiss debuting March 18 at 8 PM at Rochambeau School, 228 Fisher Avenue


 


 “Nobody goes to the theater anymore,” says Bradley, the well-off, 75-year-old patriarch who presides over his family’s ritual cocktail hour. Ironically, his very own son, John, a full-time publisher and sometime dramatist, has written a brutal, autobiographical diatribe aptly entitled ”The Cocktail Hour,” which hits each member of the family ‘pretty close to home.’  John has returned home seeking permission to produce it.  Sparks fly!


 


Performances: March 18, 19, 25, 26   at 8 pm March 19   at   2 pm Adults: $17, Seniors/Students $14


Tickets available at the door and online www.forthillplayers.com


Information: 914-946-5143

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