|
|
|
|
You spoke
and we listened. Our blog (http://scherzerblog.com/) now
contains daily postings of informative and educational pieces pertaining to all
types of background investigations along with links to various public resources
and records. The popular case studies from our files are there too. And stay
tuned for our revamped Web site which will debut next month.
Speaking
of Web sites, do you know how to spot a fake one? To educate consumers about
online scams, the Federal Trade Commission (FTC) set up a Web site for Esteemed Lending Services, an online company that
looks
reliable and reputable, and promises easy advance-fee loans to anyone. But the company
and the site are fakes, designed to tip you off to the signs of loan scams. The
FTC also has other "phony sites" for scam awareness for products such as diet
aids (FatFoe) and made-up diabetes treatment (Glucobate.)
Remember that as part of our investigation strategies for business transactions,
SI includes Web site reviews to detect incredulities, too-good-to-be-true
statements, boasts of unrealistic investment returns, and even wording that is
unfitting for the particular industry.
As previewed in the June Scherzer Insider, this month's case study is
about a CEO and his companies which, among several frauds and other
misdeeds, defaulted on payments of millions of dollars, in addition to being
defendants in pending government actions. Click herefor the search strategies applied to this investigation.
|
A trajectory of defaults
This CEO of an investment management
company attempted to engage one of our accounting firm clients as the company's
auditor. In accordance with the accounting firm's risk management program, SI
was retained to conduct background investigations of the company, the CEO, and
the CFO. The SI research analyst quickly found and obtained court documents for
five pending lawsuits filed in 2008 and 2009 that named all subjects as
defendants in government actions to recover pension funding. One case seeks the
enforcement of a $100 million judgment and the others, still in discovery
stages, allege damages between $10 and $25 million resulting from the defendant
officers' breaches of fiduciary duty and fraud. Several articles and lawsuits from 2005
also were located reporting that the subject CEO and a vitamin company he
helmed agreed to pay a $2 million civil penalty and $1.58 million to the State of
Colorado for deceptive claim charges brought by the Federal Trade Commission.
Prior to his stint with the vitamin enterprise, the subject was fired as the CEO
of a technology company, despite owning 30% of the voting stock. Four months
thereafter, the company filed for bankruptcy and sued the subject for $45
million for defaulting on several multimillion-dollar loans. The subject later agreed
to a settlement of $23 million, but then defaulted on these payments too. Further,
in the late 1990s, the Justice Department settled a case with the subject for
violations of the Hart-Scott-Rodino Act regarding a waiting period requirement
in a pre-merger notification. The subject paid a $425,000 civil penalty to settle
the charges.
|
August case study preview:
In the August issue, we will bring you the
inside story of an assets investigation where our subject, around the time of a
large judgment filing, transferred millions of dollars in real property to
family members while leaving a trail of debt.
|
|
|
|
|
|
|