Another Insider Trader Pleads Guilty to FBI Charges

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WPCNR FBI REPORT from the Federal Bureau of Investigation. November 29,2011:


Preet Bharara, the United States Attorney for the Southern District of New York, announced Monday that JOHN BENNETT, a film producer and former investment professional, pled guilty to conspiracy and securities fraud charges in connection with his participation in an insider trading scheme in which he obtained material, non-public information (“Inside Information”) about mergers and acquisitions from a co-conspirator, Scott Allen, a former consultant at a global human resources consulting firm (the “Consulting Firm”).


BENNETT gained more than $1 million in illegal profits from the scheme. He pled guilty Monday before U.S. District Judge Deborah A. Batts.


BENNETT, 48, of Norwalk, Connecticut, pled guilty to two counts of securities fraud and one count of conspiracy to commit securities fraud.


The securities fraud counts each carry a maximum sentence of 20 years in prison and a maximum fine of $5 million. The conspiracy count carries a maximum sentence of five years in prison and a maximum fine of $250,000, or twice the gross gain or loss from the offense.


Manhattan U.S. Attorney Preet Bharara stated: “John Bennett used his friendship with a well-connected insider to make a quick and easy profit, and despite efforts to conceal the criminal conduct, meticulous investigation uncovered the scheme. Today’s guilty plea proves yet again that we will continue to root out insider trading wherever it goes on.”


According to documents previously filed in Manhattan federal court:


In his role as a principal of the Consulting Firm, Allen allegedly learned Inside Information concerning the April 2008 acquisition of Millennium Pharmaceuticals, Inc. (“Millenium”), by Takeda Pharmaceutical Company Limited, and the September 2009 acquisition of Sepracor, Inc. (“Sepracor”), by Dainippon Sumitomo Pharma Co., Ltd.


Prior to the public announcements of those acquisitions, Allen disclosed the Inside Information to BENNETT, a longtime friend, who used it to execute securities transactions that earned him over $1.1 million in illegal profits.


For example, between February 29, 2008, and April 2, 2008, BENNETT purchased approximately 1,090 Millennium call options at a total cost of about $17,000. Following the public announcement of the Millennium acquisition on April 10, 2008, Millennium’s stock price rose approximately 50%, and BENNETT sold all of his call options for around $619,000.


Additionally, between May 27, 2009, and July 22, 2009, BENNETT purchased approximately 1,700 Sepracor call options at a total cost of about $227,000. Following the public announcement of the Sepracor acquisition on September 3, 2009, Sepracor’s stock price rose approximately 26 percent, and BENNETT sold all 1,100 of his unexpired call options for around $682,000.


In exchange for providing the Inside Information, BENNETT gave Allen more than $100,000 in cash payments that he delivered in person over the course of more than 20 occasions between April 2008 and the summer of 2010.


BENNETT and Allen also attempted to conceal the insider trading scheme from authorities and to avoid detection.


For example, in October 2010, when interviewed at his home by FBI agents, Allen falsely claimed that he had not spoken to BENNETT in three or four years. In fact, he had met with and spoken to BENNETT repeatedly through at least July 2010.


Rather than use his cell phone or another phone that was traceable to him, Allen repeatedly communicated with BENNETT in person and contacted him by using a public phone at LaGuardia Airport.


***


BENNETT is scheduled to be sentenced by Judge Batts on April 23, 2012, at 11:30 a.m.


Mr. Bharara praised the efforts of the FBI. He also thanked the SEC for its assistance in the investigation.


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.


The case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Richard C. Tarlowe and Marissa Molé Bostick are in charge of the prosecution.


The charges in a separate Indictment filed against Allen are merely accusations, and Allen is presumed innocent unless and until proven guilty

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Budget Anxiety

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WPCNR COUNTY CLARION-LEDGER. Special to WPCNR from County Roving Correspondent Nancy King. November 28, 2011:


Approximately 700 people attended the Westchester County Board of Legislators informational meeting  last Tuesday to hear how the proposed cuts included in County Executive Rob Astorino’s 2012 might affect them.  


The 2012, 1.69 billion dollar budget will eliminate 367 jobs with 210 through layoffs and the rest through attrition.   In addition, there are proposed deep cuts for non-profits, cultural arts, child care subsidies, and community health centers.  Astorino also proposes closing down six nature centers and eliminating the curators of those centers .  


In the matter of those nature centers however and their one and a half curator, the CE’s office failed to tell the public is that some of those nature preserves not only provide trails but are a part of our already vulnerable reservoir system.  These nature centers typically employ one full-time employee and one parttime employee who in addition to their curator duties, act as liasons for the state Department of Environmental Protection.   They are the eyes and ears of watershed safety.  The CE’s office also failed to inform residents that those very nature trails receive matching state monies and in shutting them down will result in the loss of those funds.


Representatives from three community health centers also spoke out against the loss of their grants.  In an already blighted economy, these health centers are seeing more and more people who once they had lost their jobs and with it their health benefits, are turning to community health centers for their  medical needs. 


Also cut from the budget were a wide variety of cultural events ranging from the Sunday Heritage Days at the Kensico Dam to the annual Fourth of July Fireworks.  Cornell Cooperative Extensions and ArtsWestchester will also sustain deep cuts to their funding.


The Astorino administration’s plan is not to raise taxes but at this point it does seem as if programs and services  are going to suffer greatly.  


What was evident last Tuesday night was that public interest in this budget has certainly grown in light of this already fragile economy.   And in an auditorium of 700 people, not one person there was in favor of this budget.  Two more public forums are scheduled for the month of December.  The Westchester County Board of Legislators has until December 27th to adopt this budget.

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The American Fascination: Football

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WPCNR PHOTOGRAPHS OF THE DAY. From the WPCNR Roving Photographer. November 25, 2011:


The Turkey Bowl was played at Loucks Field Thanksgiving Day morning,and featured a game filled with oddities and big plays ending in a 38-14 victory for Stepinac over White Plains,after Stepinac lead 10-7 at halftime by an extraordinary 43 yard field goal boomed through the uprights by Przemyslaw Popek that tucked in to the right of the left upright with room to spare. This kid should be signed by the Jets or the Giants.


Four takeaways by Stepinac in the second half on four White Plains first down plays produced four electrifying Stepinac touchdowns to turn the game around.



STEPINAC KICKS OFF THANKSGIVNG DAY MORNING.



WHITE PLAINS BAND forms a Turkey at Half-time.



Community gathers to enjoy the American Fascination:Football

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The Holiday Maker of Thanksgivings Past

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The Holiday Maker


 


 


 


 


 


Everything has to be just right


She gets out her cook books the previous night.


Makes copious notes putting together the special day


That remembers the passings of our lives’ way.


 


The little dynamo proceeds not to be disturbed.


Selecting the keepsakes collected laying undisturbed


Appropriate to the special holiday symbols turning cloudy days to sunnies


From reindeer, to turkeys to Easter Bunnies


 


No nonsense, no hanging around the kitchen door


No licking bowls, no sampling the dough.


Rules on cooking day were strict and violations were scolded,


As each holiday production unfolded


 


Trips to markets; journeys to gift shops to flower shops,


She sought to round out menus just right, her holidays were never flops.


As enticing baking aromas filled the old homeplace,


Pesky kitties, furred and human hung about curious at ritual taking place.


 


Bustling about, red hair frizzed from heat,


Toothpicks ever handy to sample a crust neat,


Rescue strategies to save a sticky cake stubborn in its pan


Always ready to be deployed, she executed with love her holiday plan.


 


The long holiday table, old leaves stained with memories past,


Long since needing replacing but host to gatherings that still last


In memory as children grow up and leave


Awaited its annual set on holiday eve.


 



 


As turkey,ham, lamb, squash,taters, yams beans and sprouts simmered


Old dining room and parlor with seductions of the palate shimmered,


She would lay a clean tablecloth, set candles and deploy


The talismans of the season, the sleigh of holiday cards, the gay bunnies’ joy.


 


As children grown return to the homeplace,


Uncles and nieces, nephews and cousins, brothers and sisters took their place,


The holiday maker, presided over a reality of love, a feast


Renewing love for one another anew.


 


I miss the holiday makers, those hostesses of love’s reality


The old homeplace with antiques and sagging old armchair


That would say, come on in, stranger you’re always loved here.


Enjoy the hearty fare and tastes seasoned unique with love’s sincerity.


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Photograph of the Day

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WPCNR Photograph of the Day. By the WPCNR Roving Photographer: Today’s photograph from the voluminous White Plains CitizeNetReporter Roving Photographer archive,  highlights a seldom seen minority group seen along the Playland Parkway in Westchester County on a Sunday stroll, sauntering about, giving proof that the County is home to many a clandestine visitor.


The group: wild turkeys who are clandestine, very hard to hunt, and from the appearances of these confident birds: upwardly mobile and well-fed. It could not be determined whether they were Rye turkeys, Larchmont turkeys or White Plains turkeys on a tour.



Westchester Turkeys. Playland Parkway. Photo by The WPCNR Roving Photographer.

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Perils of ATM ACCESS: County Police Roundup 5 in ATM-Data Eavesdropping

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WPCNR POLICE GAZETTE. From the Westchester County Police. November 23, 2011:


 


A special task force of federal, Westchester County and local law enforcement officers has arrested five people in connection with an ATM skimming scheme that resulted in $1 million in fraud in multiple Westchester communities.


    


The five suspects were arrested in recent weeks by a multi-agency ATM Skimming Task Force made up of police officers from the Westchester County Department of Public Safety, the U.S. Secret Service and nine local police departments in Westchester. The task force is continuing its investigation into a number of additional ATM skimming cases.


 


     Public Safety Commissioner George N. Longworth created the task force following incidents of ATM skimming fraud that were occurring around Westchester.  Along with the county police and U.S. Secret Service, the Pelham, Rye, Greenburgh, Bronxville and Yorktown police departments assigned officers to the task force.



     The task force was assisted in various investigations by officers from the Yonkers, Peekskill, Hastings-on-Hudson, Dobbs Ferry and Tarrytown police departments.


    


“This is a large-scale fraud being perpetrated by a sophisticated group of thieves,” Longworth said. “We decided to bring together some of the best and brightest investigators from multiple agencies to address this problem.”


 


     County Executive Robert P. Astorino praised the work of the task force and said it reinforced the benefits of partnership and teamwork among Westchester’s law enforcement community. He also urged consumers to be especially alert to fraud during the upcoming holiday shopping season.


 


     “Whether it is ATM skimming or other schemes, criminals are always looking for ways to take advantage of shoppers during the busy holiday season,” he said. “The police are working hard to stay ahead of criminals but shoppers need to be vigilant as well. Suspicious activity should be reported to local or county police.”


 


    In the ATM skimming fraud, thieves attached a device known as a “dip reader” over the legitimate device installed on ATMs for customers to insert their ATM, debit or credit cards. The “dip reader,” which appears identical to the legitimate device and fits over it, then captures all the information contained on a bank card’s magnetic strip.


 


     The thieves also install a pinhole camera above the ATM key pad to capture the customer’s personal identification number (PIN).


 


     With the information from the magnetic strip and the PIN, the thieves are then able to withdraw cash from their victims’ bank accounts.


 


     “Thieves using an ATM skimmer and pinhole camera obtained the full information from 350 customers on a recent Sunday at a single bank ATM.  They later withdrew $1,000 from each victim’s account – resulting in $350,000 in loses on a single day,” Longworth said.


 


     Noting that thieves need both the magnetic strip information and the PIN, Astorino said bank customers could protect themselves by taking simple precautions.


 


     “When you type in your PIN, use your other hand to shield the keypad and block the view of any hidden camera that may be there,” he said.  He also urged customers to be aware of people standing behind them who may be trying to watch them type their PIN.


 


          The five people arrested recently were each charged with Criminal Possession of Forgery Devices, a felony. They are:


 


·        Richard Merca, 19, of Palatine, Ill., who was arrested Nov. 13 in connection with an attempted skimming fraud at a bank inside the Jefferson Valley Mall in Yorktown Heights;


 


·        Victor Vdila, 21, of Astoria, Queens, who was arrested Oct. 16 in connection with an attempted skimming fraud at a bank on Central Park Avenue in Yonkers;


 


·        Istvan Casplar, 29, and Florinel Gavat, 40, both of Astoria, Queens, who were arrested Oct. 23 in connection with an attempted skimming fraud at a bank on East Hartsdale Avenue in Greenburgh.


 


·        Ionut Vasilas, 23, of Chicago was arrested Nov. 6 in connection with an attempted skimming fraud at a bank on South Broadway in Tarrytown.


 

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The Day President Kennedy Was Shot

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WPCNR NEWS COMMENT. By John F. Bailey. November 22, 2011 (Originally published in 2001):


Forty-eight years ago at about midday today eastern standard time, President John F. Kennedy was shot.


When I heard the news, I was heading up the steps of  Gray Chapel at Ohio Wesleyan University in Delaware, Ohio. It was sobering news. Then within the hour it was reported that the President was dead, and the search was on for potential suspects.


It was the first time in my life a national event had ever affected me.


Persons in their late 50s can probably remember exactly what they were doing when they heard that electrifying news.


Disbelief. Concern. Sadness.


Who would shoot the President?  How could they?


President Kennedy’s popularity was ebbing at that time. The public was initially inspired by the vision of Camelot and the likable, energetic young president. However, by the time he was assassinated, President Kennedy was coming under harsh criticism for his foreign policy and his inability to move an agenda through congress. He was ridiculed by impressionists and pushed around by congressional heavyweights.


But, when he was shot, the American public, even those who disagreed with his politics and considered him in over his head in the presidency, were stunned by grief and horror.


Nothing had happened like that in America since 1901 when President William McKinley was assassinated.


 An entire nation reflected in guilt for a week as the three television networks showed 24 hours a day assassination and funeral coverage.


Until the Trade Center Horror in 2001, this nation had not experienced anything on that national scale of reaction to an event.


Were we a more sensitive nation then? More sensitive to what killing actually is? I wonder. In the fast-moving sensationalism of news today, would the same sensitivity be there today?


Or, have we been hardened to violence, and do we now see violence as more of an acceptable solution to problems than to be avoided at all costs?


I remember how Americans sat mesmerized in front of their televisions as the Kennedy goodbye played out. I remember, too how Kennedy’s death swiftly paved the way for the landmark Civil Rights act of 1965, legislated by Kennedy’s successor, Lyndon B. Johnson. That legislation, without Kennedy’s assassination would probably never have been passed. I believe it passed because of collective guilt over Kennedy’s demise.


For 48 years, politicians, when their charisma is measured, have always been compared to Mr. Kennedy.


However, charisma does not get things done. Does not make for change by itself. It is nice but it achieves nothing unless you have some solid ideas, management skills, and are willing to work hard for it. Even, then, as a recent Kennedyesque President found out, it may not happen.


However, the political rancor and hysterical hatred of our current President expressed in the Republican debates, on talk radio and by candidates who should know better has created an atmosphere of disrespect for the President that exceeds even that aimed at George W. Bush.


The lack of respect for the Presidency today has created an atmosphere that is far more dangerous for the President than we can ever tell.


Ideas and rhetoric are one thing, but to vilify the President on the scale of what we hear today is irresponsible.

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Bradley Pleads Not Guilty to Contempt Charge Free on Bail.

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WPCNR WHITE PLAINS LAW JOURNAL. November 22, 2011 UPDATED NOVEMBER 23, 2011:


Adam Bradley, former Mayor of White Plains who resigned in February of this year, after being convicted in December, 2010 of attempted assault on his wife, Fumiko Bradley appeared in City Court Wednesday and pled not guilty to a charge of contempt of court in the second degree for violating his probation conditions where he was instructed not to contact his wife. City Judge Brian Hansbury allowed Bradley to stay free on bail in his own recognizance until his return date of December 12. 


Bradley allegedly called his wife four times by contacting her, he said accidentally with his cellphone which dialed his wife inadvertently.


The specific complaint refers to only one call on November 12. The District Attorney’s Office asked Bradley be held on $10,000 bail until his next court appearance,December 13.


Bradley turned himself last Friday evening at 7  P.M.at White Plains Police Headquarters after his whereabouts was unknown throughout Friday, sparking two White Plains police searches (authorized by court-obtained search warrants) of premises of acquaintances Bradley knows, in hopes that Bradley was there.

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City Schedules Meeting at 6 PM on Eve of Holiday Getaway: FASNY on Tap

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WPCNR CITY HALL CIRCUIT. November 21, 2011:


The city has announced a Special Meeting of the Common Council to discuss Resident Parking Permits;  Water Rates and the controversial French American School of New York Scoping Document regarding issues to be considered as part of the Environmental Review of the school plan to build a 7-building campus on the grounds of the former defunct Ridgeway Country Club.


The meeting will be held in City Hall, Mayor’s Conference Room at 6 P.M. Tuesday evening — the night before the busiest travel day of the year. The Agenda: 1. Resident Parking Permits; 2. Water Rates; 3. FASNY Scoping Document.


 

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Madoff Senior Trader Pleads Guilty to Making Fake Trades

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WPCNR FBI WIRE. Special to WPCNR From the Federal Bureau of Investigation. November 21, 2011:


David L. Kugel, a former senior trader in the Market Making and Proprietary Trading operations of Bernard L. Madoff Investment Securities LLC (BLMIS), pleaded guilty today in Manhattan federal court to a six-count superseding information related to his conduct while employed at BLMIS, announced Preet Bharara, the U.S. Attorney for the Southern District of New York.


Kugel admitted that, beginning in the early 1970s, he helped create fake, backdated trades for the purpose of defrauding BLMIS’s investment advisory (IA) clients. Kugel pleaded guilty Monday before U.S. District Judge Laura Taylor Swain to two counts of conspiracy, as well as substantive counts of securities fraud, falsifying books and records of a broker-dealer, falsifying books and records of an investment adviser, and bank fraud. In addition to pleading guilty, Kugel agreed to cooperate with the government in its ongoing investigation of the fraud that occurred at BLMIS.


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


Kugel was employed at BLMIS from 1970 through Dec. 11, 2008. Beginning in 1970, Kugel was a trader in BLMIS’s Proprietary Trading and Market Making operations. In the late 1990s, he assumed a managerial position on the trading floor and later took on the role of “trading floor compliance analyst.”


From the 1970s through the collapse of BLMIS, Kugel provided historical trade information to other BLMIS employees, including Annette Bongiorno and Joann Crupi, which allegedly enabled them to create fake trades. Beginning in the early 1970s, Kugel provided certain historical information to Bongiorno so that she could select particular stocks and purchase prices to be used for each IA client, in order to meet the rate of return pre-determined by Bernard Madoff for that client.


The information that Kugel provided included stock names; the buy and sell dates of potential trades; as well as the historical price ranges of those stocks for the respective dates that Bongiorno could allegedly use to make a profit. Kugel’s information often mimicked trades previously executed in connection with BLMIS’s proprietary trading operation.


Beginning in the early 1990s, Kugel similarly provided Crupi with historical price information to enable her to allegedly create false, backdated trades for IA clients. These false, backdated trades were used to defraud IA clients because, when included on their account statements and trade confirmations, they gave the appearance of profitable trading when none, in fact, had occurred.


In addition, Kugel, and allegedly Crupi and others, defrauded numerous banks by using false financial information to obtain loans. On multiple occasions, Kugel and allegedly Crupi, submitted false and misleading information to banks concerning Kugel’s assets and the assets of others, in order to obtain loans for the purchase and construction of homes. With the assistance of Crupi and others, Kugel obtained multiple million-dollar loans based on the submission of this fraudulent information.


Kugel, 66, faces a total statutory maximum sentence of 85 years in prison. A chart identifying the maximum penalties for each of the charged offenses is attached to this release.


Kugel is also subject to mandatory restitution and criminal forfeiture and faces criminal fines up to twice the gross gain or loss derived from the offense. According to the agreements entered into with the government, Kugel has agreed to forfeiture of more than $170 billion, including his interests in homes, a luxury car, various accounts at financial institutions and other specific assets. The net proceeds from the sale of the forfeited property will be used to compensate victims of the fraud, consistent with applicable Department of Justice regulations.


Following the guilty plea, Judge Swain released Kugel on a $3 million bond on the condition that the bond be co-signed by six financially responsible individuals and secured by $900,000 in cash and property. In addition, Kugel’s travel is restricted to the Southern and Eastern Districts of New York and the District of New Jersey. He will be subject to strict pretrial supervision. Kugel has surrendered his passport.


Judge Swain set a sentencing date for Kugel of May 4, 2012, at 11:00 a.m.


Charges against Bongiorno and Crupi remain pending and are merely accusations. They are presumed innocent unless and until proven guilty.


Mr. Bharara praised the investigative work of the FBI. He also thanked the U.S. Securities and Exchange Commission for its assistance.


 


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.


United States v. David L. Kugel, S4 10 Cr. 228 (LTS)
































COUNT


CHARGE


MAXIMUM PENALTIES


1


Conspiracy to (1) Commit Securities Fraud; (2) Falsify Books and Records of a Broker-Dealer; and (3) Falsify Books and Records of an Investment Adviser


Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


2


Conspiracy to Commit Bank Fraud


Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


3


Securities Fraud


20 years in prison; three years of supervised release; fine of the greatest of $5,000,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


4


 


Falsifying Books and Records of a Broker-Dealer


20 years in prison; three years of supervised release; fine of the greatest of $5,000,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


5


Falsifying Books and Records of an Investment Adviser


Five years in prison; three years of supervised release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.


6


Bank Fraud


30 years in prison; five years of supervised release; fine of the greatest of $1,000,000 or twice the gross gain or loss; mandatory $100 special assessment; and restitution.









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