July 2010 / Issue 12
Insider Logo

 
Quick Links
Join Our Mailing List
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.

 
Twitter Mark
More from SI

Please visit our Blog @ http://scherzerblog.com
Follow our Blog on Twitter @ http://www.twitter.com/ScherzerBlog
Follow news on Twitter @ http://www.twitter.com/ScherzerBeat