Hockley Confirms he Has Received the Endorsement of the Conservative Party for M

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WPCNR Campaign 2011. By John F Bailey. March 11, 2011:


Former Councilman Glen Hockley confirmed to WPCNR he has received the endorsement of the Conservative Party of White Plains for mayor. Hockley said this would give him two lines on the Thursday, March 31 election ballot: the Conservative line and his own People over Politics, wine. Hockley said his next step was to file his petitions on Monday at the board of elections.


In a news release this morning, Hockley announced he would kick off his campaign for Mayor with a news conference at 11 A.M. Monday at the Westchester County Board of Elections.


Mr. Hockley said he would be kicking off this campaign on Monday morning for mayor. The election will be held Thursday, March 31 in each of the 43 districts across the city of White Plains.

Asked what he brought to the campaign and felt White Plains needed. Hockley told WPCNR, he would concentrate on tax relief. He said he had a plan to do something about parking in White Plains to make parking more consumer friendly. He also said he wanted to make the city business climate, more friendly to business. Hockley said his campaign owed nothing to no one, and that he was only accountable to the people.


 In an official news release from the Campaign, Hockley called for “renewed focus on the future of White Plains,  it’s time to put the people first — not politics,” he said.  “It’s time for reasonable and rational action today that leads to a more prosperous and successful tomorrow.”


Hockley recently accepted the endorsement of the Conservative Party, while continuing his independent bid on the People Over Politics ticket.  “I’m grateful to the Conservative Party for its appreciation of my contributions to this City, and for its confidence in my leadership,” he said.  “Today, as always, my focus is on the burden of our taxpayers and their concerns,” Hockley said.


In October 2009, Hockley’s People Over Politics launched a write-in campaign only two weeks before Election Day and won close to 2,000 votes,(1,791) surprising many pundits in a city unaccustomed to the write-in ballot. 


Since then, the release said, the independent party has retained its volunteers, stayed organized and focused on the City’s economic recovery.  “We were heartened by the strong support we received in the last election and our numbers have been steadily growing this past year,” Hockley stated.   “I think people are sick of political posturing and are starving for some basic common sense and efficiency in city government,” he added.


Campaign volunteer Jamie Baker-Price quoted by the release, recalled what she says is key to her dedication to Hockley’s campaign.  “Last week during an organizational meeting, Glen summed up what, to me, it’s all about.  He said, ‘If we strip away the politics, we are left with each other standing eye to eye and discovering what connects us as humans and neighbors.’  He said, ‘It’s time for politicians to become people again.’  I think the whole world would benefit from that thinking,” she added.


On Monday March 14 at 11am, Hockley will kick off his campaign with a speech in front of the Westchester County Board of Elections, “to share my hopes for White Plains and outline objectives and goals for our future,” he said.  “For at least a decade, I’ve engaged in my “walk-abouts” — meeting and talking to citizens and merchants on every single street in White Plains.  I know the concerns of residents and businesspeople in every neighborhood and the success they deserve.  My candidacy for Mayor is all about them.”


 

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Roach Nominated by Dems. Hyland by Republicans. Hockley Conservatives

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WPCNR Campaign 2011, Special to WPCNR.. March 10, 2011 UPDATED 2:15 PM EST:


 


The district leader on the scene tonight at the meeting of the Democratic city committee of White Plains at the YWCA reports tonight that Tom Roach was unanimously endorsed by all district leaders to be the Democratic party candidate for mayor in the special election coming up Thursday, March 31, 2011. The election is to fill the remaining 2 1/2 years of resigned Adam Bradley’ mayoral term through 2013.


 


The observer said after Liz Shollenberger, the Democratic City Chairperson opened the meeting,asked the three potential candidates for mayor, Mr. Roach, County Legislator Bill Ryan and   Councilperson Benjamin Boykin to say a few words.


 


Mr. Ryan stunned the crowd, saying that he was going to step aside in favor of Mr. Roach, that “it was not his (Ryan’s) time.”


 


 Mr. Boykin followed suit.  He spoke of his accomplishments and ability to become the mayor, but again said he would step aside for Mr. Roach’s candidacy.


 


Mr. Roach our observer reported was very gracious and accepting the bowing out of the race, remarking how he had worked with Ryan and Boykin and had learned much from them.


 


 District leaders voted unanimously to name Tom Roach their standard bearer in the first special election in White Plains political history. Our correspondent told WPCNR  Mr. Roach was unaware that Mr. Boykin and Mr. Ryan were going to step aside before the meeting began. Every district leader, came prepared to vote the observer said.


 


Hyland receives Republican Bid.


 


Matthew Richter, spokesperson for Republican candidate for mayor Bob Hyland, said that Mr. Hyland was indeed dominated by the Republican party Thursday evening, and that Hyland would kick off his campaign at 11 A.M. Saturday morning at 214 Mamaroneck Avenue, Republican Headquarters.


 


Hockley Conservative Choice


 


WPCNR has learned from another source that Glenn Hockley, the independent candidate for mayor who was kept off the ballot in 2009 by a board of elections decision for failing to file a Certificate of acceptance, and garnered approximately 1,791 votes as a write in candidate has snagged the Conservative party endorsement, giving Hockley two slots on the Thursday March 31 ballot. Hockley confirmed this to WPCNR by telephone Friday morning. He will start his campaign Monday at 11 A.M. with a news conference at the Board of Elections


 


Roach Collects Independence, Working Families lines.


 


WPCNR has also learned that Mr. Roach has also received the Independence party and the Working Families Party endorsements for mayor giving Mr. Roach three lines. Mr. Hockley one, line, and Mr. Hyland one line, however, we’ll have to Conservative party decision has to be confirmed.


 


 The special election now swings into a 20 day campaign, which will be highlighted by a debate on March 23 at the Ridgeway school sponsored by the Council of  Neighborhood Associations, which would feature all three candidates at this time.

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Hyland Expected to be Nominated for Mayor. Hockley Raising Funds

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WPCNR campaign 2011: special to WPCNR from Matt Richter, the Republican Party, March 10, 2011:


Bob Hyland, the owner of the sports pub for many years in Westchester County. Previously, a candidate for County legislator has announced he is running for mayor of White Plains in the special election to be held March 11. He is expected to be nominated by the Republican party, which meets in convention this evening.

Mr. Hyland issued this statement through spokesperson, Matt Richter:

Over the last year, I along with my neighbors and friends throughout White Plains have watched with sadness as our city government has shown an absence of leadership and character that included legal and ethical charges and ultimately resulted in the resignation of the Mayor.  

Today I am announcing that I am seeking the support of the people of White Plains in my effort to become the next Mayor of this great city and to restore the principles of fiscal responsibility, smart development, and strong character that the citizens of White Plains deserve.   While I may be an Independent, my campaign will welcome the support of anyone who choses to join my effort to restore integrity and common sense to White Plains City Hall. 

I have been a lifelong resident of White Plains.  I’ve raised my family here, I’ve built my businesses here and I believe now is the time for me to give back to my hometown and ensure that our children and grandchildren will be as proud to call White Plains home as I have been.


********


Meanwhile, in another part of town this evening Glen Hockley  will be holding a fundraiser at Prophecy restaurant announcing his can see as an independent in the March 31 election.


And, at the YWCA, the Democratic Party will be deciding its candidate for Mayor.

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Washington: Tom Roach Not Violating Hatch Act by Running for Mayor

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WPCNR Common Council Chronicle Examiner special to WPCNR from the Mayor’s Office, March 10, 2011:


 


The mayor’s office today announced that the US Office of Special Counsel in Washington, D.C.,  has issued a ruling on Council President Tom Roach’s eligibility to run for mayor in regard to the provisions of the Hatch Act.


 


The office reporting from Washington today said  Mr. Roach is completely eligible to run for mayor in view of the Hatch Act. Mr. Roach, the acting mayor of White Plains and Counsel president said in a statement:


 


“I am pleased that the office of special counsel issued their decision so swiftly and confirmed my position so completely. Hopefully, the Republican Party will cease this baseless political maneuvering and join me in focusing on the real issues facing our city and its residents.”


 


 


At the time the Republican party raised this issue, the BPC Adar, and the White Plains week television channel pointed out that the Hatch act did not apply because Mr. roach was an elected official.


 


The  Republican Party in a  letter to the media charged Mr. Roach was in violation of the Hatch Act,  but did not file any injunctions asking the court to stop the special election of March 31..


 


In a letter to Mr. Roach of March 7 made public today, . Anna Galindo– Marrone, Chief of the Hatch Act Unit of the US Office of Special Counsel, Washington, DC wrote:


 


“generally, an employee covered by the act may not, among other things, be a candidate for public office in a partisan election, I E, an election in which any candidate represents for example, the Republican or Democratic Party. However, the act specifically exempts certain state and local employees from prohibition against being a candidate for public office in a partisan election individuals whose principal employment is an elective office are among those persons were exempt from this prohibition.”


 


“Thus, when an individual is subject to the restrictions of the Hatch act by virtue of an elective office he holds, this exemption applies and the individual is not prohibited from being a candidate in a partisan election for an example, an elected Sheriff covered by the Hatch act by virtue of his position as a sheriff would not be prohibited from running for reelection, or otherwise being a candidate in a partisan election.”


 


Ms. Galindo – Morrone quotes the city charter, paragraph 46, pointing out that when the the president of the common Council shall act as mayor and possess all the rights of man, etc. Ms. Galindo Morrone writes “in addition to performing the duties of Council President, you are serving as the acting mayor until the vacancy is filled as provided by law. However, your current salary from the city is in accordance with your position. The Council President. Additionally, the city charter provides that such a person who acts as mayor shall be the acting mayor until the vacancy no longer exists. It is axiomatic that although you generally possess the powers and rights of marriage. You do not hold the office of mayor. Therefore, your principal employment for purposes of the Hatch act is as Council President and your coverage under the act is determined in accordance with that position because your position on the council is an elective office.”


 


“Even assuming you are covered by the Hatch act in that position. You would be exempt from the act’s prohibition against being a candidate for public office in a partisan election while employed on the Council. Accordingly, the Hatch act does not prohibit you from being a candidate in the partisan election for mayor of White Plains, New York. While employed on the council therefore, we are closing the file on this matter, with no further action,”

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EX-NYPD OFFICER SENTENCED TO 21 YEARS FOR TRANSPORTING MINORS X STATELINES FOR L

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WPCNR POLICE GAZETTE. Special to WPCNR from the Federal Bureau of Investigation. March 7,2011:


PREET BHARARA, the United States Attorney for the Southern District of New York, announced today that United States District Judge KENNETH M. KARAS sentenced TRENT YOUNG, 42, a former New York City police officer, to 262 months’ imprisonment for his transportation of three different minors across state lines for purposes of engaging in illegal sexual activity. The sentencing took place at the prison ward of the Westchester Medical Center, where YOUNG is being treated for a terminal illness.


According to the charges in the indictment to which YOUNG pled guilty and statements made in court at the guilty plea proceeding on July 2009 and at the sentencing today:



YOUNG operated a martial arts studio out of his home in Middletown, New York. In or about the Spring of 2006, YOUNG opened “Iron Tiger Martial Arts” (“Iron Tiger”), a martial arts studio in West Milford, New Jersey. On an occasion in or about October or November 2006, Young brought a 14-year-old minor from Middletown to Iron Tiger and engaged in sexual intercourse with her. In or about November or December 2006, Young brought a second minor, who was then 16 years old, to Iron Tiger and engaged in sexual intercourse with her as well.


Prior to these indictments, in or about April 2003, YOUNG drove another 14-year-old minor from her home in Brooklyn, New York, to YOUNG’s home in Middletown, New York, traveling through New Jersey, and engaged in sexual intercourse with her.


In pleading guilty, YOUNG admitted that he transported each of the three minors across state lines for the purpose of engaging in sexual activity and that, after transporting the minors across state lines, he engaged in sexual intercourse with each of them. He also admitted that he exercised supervisory control over each of the three minors.


Following his arrest in January 2008, YOUNG was detained without bail.


In imposing the 262-month sentence on YOUNG, Judge KARAS underscored that the “extraordinarily high” sentence was appropriate in light of what YOUNG did to the girls he chose as his victims. According to KARAS, the “magnitude of the conduct here outweighs the medical issues” faced by YOUNG.


Mr. BHARARA praised the efforts and assistance of the FBI, the Middletown Police Department, the Orange County District Attorney’s Office, the Rockland County Sheriff’s Department, the West Milford, New Jersey, Police Department, and the Passaic County Prosecutor’s Office.


The prosecution is being handled by the Office’s White Plains Division. Assistant United States Attorney MARCIA S. COHEN is in charge of the prosecution.

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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:


.


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:


.



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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