Madoff Employee Pleads Guilty. Agreees to Cooperate

WPCNR FBI WIRE From the Federal Bureau of Investigation. June 6, 2011:


PREET BHARARA, the United States Attorney for the Southern District of New York, announced that ERIC S. LIPKIN, a former employee in the investment advisory business of Bernard L. Madoff Investment Securities LLC (“BLMIS”), pled guilty today to a six-count superseding information charging him with conspiracy, falsifying books and records of a broker-dealer, falsifying books and records of an investment adviser, bank fraud, and making false statements to facilitate a theft concerning the Employee Retirement Income Security Act (“ERISA”). LIPKIN also agreed to cooperate with the government in its ongoing investigation of BLMIS. LIPKIN pled guilty in Manhattan federal court before U.S. District Judge LAURA TAYLOR SWAIN.


According to the superseding information, plea agreement, and other documents filed in connection with the case:


LIPKIN was employed by BLMIS from the mid-1980s through December 11, 2008, when the firm collapsed. In 1996, LIPKIN and his co-conspirators, including, among others, FRANK DIPASCALI, DANIEL BONVENTRE, ANNETTE BONGIORNO, JOANN CRUPI, JEROME O’HARA, and GEORGE PEREZ, began falsifying the books and records at BLMIS. For instance, LIPKIN, working with other co-conspirators, created fraudulent account statements detailing the account values of several investment advisory (“IA”) accounts at BLMIS. LIPKIN also prepared letters and statements setting out fake holdings purportedly held in multiple BLMIS IA accounts.































Count Charge Maximum Penalties
1 Conspiracy to (1) falsify books and records of a broker-fealer; (2) falsify books and records of an investment adviser; and (3) to falsify statements to facilitate a theft concerning ERISA 5 years in prison; 3 years’ supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; and a mandatory $100 special assessment.
2 Conspiracy to commit bank fraud 5 years in prison; 3 years’ supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; and a mandatory $100 special assessment.
3 Falsifying books and records of a broker-dealer 20 years in prison; 3 years’ supervised release; fine of the greatest of $5,000,000 or twice the gross gain or loss; and a mandatory $100 special assessment.
4 Falsifying books and records of an investment adviser 5 years in prison; 3 years’ supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; and a mandatory $100 special assessment.
5 Making false statements to facilitate a theft concerning ERISA 5 years in prison; 3 years’ supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; and a mandatory $100 special assessment.
6 Bank fraud 30 years in prison; 5 years’ supervised release; fine of the greatest of $1,000,000 or twice the gross gain or loss; and a mandatory $100 special assessment.

Further, in connection with reviews by the U.S. Securities and Exchange Commission (“SEC”) and a European accounting firm, LIPKIN, DIPASCALI, BONVENTRE, CRUPI, O’HARA, PEREZ, and other co-conspirators created false and fraudulent BLMIS books and records as well as false documents purportedly obtained from third parties in the ordinary course of business at BLMIS. For example, LIPKIN and others created fake reports purportedly obtained by the Depository Trust Company (“DTC”). These fake reports purported to show the securities holdings of BLMIS IA clients when, in fact, these holdings did not exist. LIPKIN knew the purpose of these fake DTC reports was to mislead auditors.


LIPKIN was also responsible for processing the payroll and administering the 401(k) plan at the firm, as well as preparing and maintaining internal payroll records. During his tenure at BLMIS, and at the direction of other co-conspirators, including BONVENTRE, LIPKIN created false BLMIS books and records reflecting individuals who did not actually work at the firm. He was aware that there were individuals who did not work for the firm, but who nevertheless received salaries and benefits. Furthermore, LIPKIN included a number of fake employees in the total number of employees that he reported to the DOL.


LIPKIN, 37, of New Jersey, faces a statutory maximum sentence of 70 years in prison. A chart outlining the statutory maximum sentences for each of the charged offenses is attached. He is also subject to mandatory restitution and criminal forfeiture and faces criminal fines up to twice the gross gain or loss derived from his crimes. Pursuant to the cooperation agreement entered into with the government, LIPKIN will forfeit at least $1.4 million as well as his interest in his home and various investment accounts. The net proceeds from the sale of the forfeited property will be used to compensate victims of the fraud.


LIPKIN was released on a $2.5 million bond on the condition that the bond be co-signed by seven financially responsible individuals and secured by $800,000 in cash and property. In addition, LIPKIN’s travel is restricted to the District of Connecticut, the District of New Jersey, and the Southern and Eastern Districts of New York. He will be subject to strict pretrial supervision. LIPKIN has surrendered his passport. A sentencing control date is set for December 15, 2011, at 11:00 a.m.


DIPASCALI previously pled guilty to several charges in connection with the fraud that occurred at BLMIS and is cooperating with the government in its ongoing investigation. Charges against BONGIONRO, BONVENTRE, CRUPI, O’HARA, and PEREZ 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, the Office of Labor Rackeetering and Fraud Investigations of the U.S. Department of Labor’s Office of Inspector General, and the U.S. Department of Labor’s Employee Benefits Security Administration. He also thanked the SEC for their assistance.


This case was brought in coordination with President BARACK OBAMA’s Financial Fraud Enforcement Task Force, on which Mr. BHARARA serves as a co-hair 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.


The case is being handled by the office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys LISA A. BARONI, JULIAN J. MOORE, ARLO DEVLIN-BROWN, BARBARA A. WARD, and MATTHEW L. SCHWARTZ are in charge of the prosecution.

Posted in Uncategorized

67 Years Ago Today–on an overcast Day…

WPCNR MILESTONES. June 6, 2011:





Sixty-six  years ago this morning, thousands of troops stormed the beaches in Normandy, France in the largest invasion in history. The bloody assault against a heavily defended coastline, involving incredible courage and sacrifice by allied troops, landing craft, paratroops, signalled the beginning of the end of the Third Reich and the regime of Adolf Hitler’s Nazi Germany.

The quiet beaches of Normandy today. The  hundreds of rows of white crosses in cemetaries around the little town bear silent vigil to the sacrifice of those brave men and women who fought, died, and triumphed this day 66 years ago today.



We can in no way, or through no motion picture know what any veteran experienced. The veterans who still are with us do not like to talk about their combat experiences. And they do not. One veteran of D-Day, asked what he thought of Saving Private Ryan and the realism of it, said the real D-Day was worse. However, veterans we have interviewed remark that they think of their combat experience every day. It is always with them.

It is inconceivable to me that I could ever be able to do what these men and women did. I would like to hope I could. However, the veterans have. They left ordinary lives as office workers, factory workers, farmers, accountants, and what have you and were able to go to war and “rise to the occasion,” or as they say today, “step it up to the next level.” The highest level.


Few of them are left now. But today their sacrifice should be remembered.


Posted in Uncategorized

Protestors Attempt to Involve Churches to Protest Iraq/Afghanistan Wars, Int. La

WPCNR PHOTOGRAPH OF THE DAY. By the WPCNR Roving Photographer. June 5, 2011:


 Two representatives of “The Church Visitors”, Martha Conte and Nick Mottern greeted worshippers between the Trinity Lutheran Church and the Baptist Church on North Street and Bryant this morning with a most unusual and ominous prop. They were asked to leave by Trinity Luthern Church representatives.



The prop was A miniature model of an MQ-9  Reaper Drone, used by the United States in Iraq, Afghanistan, Pakistan, Libya and Yemen. The objective said Mr. Mottern was to encourage churches and their congregations to take an active public opposition to the five war operations the U.S. is currently conducting. Mottern gave the Roving Photographer a news release saying he has been visiting churches around the county for three years without success in galvanizing religious opposition to the U.S. efforts.



Mottern told WPCNR he made the drone himself to protest its role in enabling the U.S. to make attacks in nations to conduct assassinations in violation of international law.



Mottern’s literature said, “The Reaper is an unmanned killer aircraft used for assassination of suspected enemies, a violation of international law. It is execution without due process and carries with it all the problems of the death penalty….has a history of misidentifying targets, leading to the killing women and children and non-combatant men.”


One of the advantages of the Reaper, Motten notes is it is flown by pilots thousands of miles from the war zones, and is “perfect for out of sight and out of mind wars.”



After WPCNR was finished speaking to Mr. Mottern, persons from the church approached Mr. Mottern and asked him to leave. An hour later, he and Ms. Conte were gone.

Posted in Uncategorized

White Plains Arts Festival Draws Hundreds for Art, Food, Education Open tomorrow

WPCNR PHOTOGRAPHS OF THE DAY. By the WPCNR Roving Photographer. JUNE 4, 2012:


Hundreds of visitors enjoyed the marvelous day Saturday at Tibbetts Park, home of the annual White Plains Arts Festival held to fund the White Plains High School Art Scholarships. You could see eclectic collections of jewelry, unique soaps, tie-dye clothing, swank and unusual dress designs, sports prints, oils, classic painting styles of Europe, seascapes, photography that is stunning plus all the tasty foods you could want. The festival continues tomorrow Sunday at 10 A.M. in Tibbetts Park. Admission is free.



Common Council President Benjamin Boykin takes his tour of duty welcoming visitors. Mr. Boykin, Mayor Tom Roach (with  his young boys), Mike Graessle, Jim Benerofe, Nick Wolf were just a few of the bold face names to drop by. Boykin said it was the best weather in years. The festival continues Sunday.



Where the Young and Art Meet.



Outdoor Dining of “Artful Tastes”



The Midway right up Tibbetts Park



Brenda Starr considers one of the many selections of jewelry. Basil St. John was not available for comment.



On the Edge avant gard styles caught the eye.


 


 

Posted in Uncategorized