Saturday, August 4, 2012

Bernie Madoff And The Reoccurring Absurdity Of Fraud And ...

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After details of the Bernie Madoff Ponzi scheme came to light, many observers questioned why someone that had donated so much cash to good causes would concurrently destroy many charities through his fake actions. Madoff?s family foundation had donated over $19 million to various health care, cultural, religious and instructional charities. He also contributed about $6 million to lymphoma research. Yet, Madoff?s firm, Bernard L. Madoff Investment Stocks LLC, was simultaneously managing a giant investment crime that wrecked a mess of charitable foundations and resulted in big losses for many others. The investment fraud attorney can debate to you about the reoccurring ambiguity of crime.

Instead of being a rare occurrence, this strange partnership of company wrongdoing and charity has been very common. The following is a list of ten well known examples:

1. Bernie Ebbers, Founder and former C.E.O. Of Worldcom: The man behind Worldcom?s financial deception that cost stockholders about $100 billion was found guilty of fraud and conspiracy in 2005. Yet, prior to his convictions, Ebbers had donated over $100 million greenbacks to various charities, though roughly $35 million of this related to his Worldcom stock, which had achieved excellent value due to Ebbers ? wrongdoing. Ebbers is currently serving a 25 year prison sentence and may not be eligible for release till 2028 when he'll be 87 years old.

2. Cliff Baxter, previous Vice-Chairman of Enron: Baxter pled guilty to numerous counts of crime and conspiracy regarding the Enron accounting scandal that preceded its bankruptcy. He was legendary for his extravagant donations to setups such as Junior Accomplishment of Southeast Texas, the American Diabetes Organisation, the North American Cancer Society and Sun Kids, a charity devoted to providing activities and trips for young cancer patients. Baxter committed suicide in his car in 2002 in the aftermath of the Enron debacle. He was 43.

3. Ken Lay, previous C.E.O. And Chairman of Enron: Lay was pronounced guilty of ten counts of instruments fraud and related charges in 2006 for his role in Enron?s accounting scandal. He had donated more than $2.5 million to over 250 setups through his family?s foundation and was behind Enron?s policy of donating 1% of its profits to local charities. Lay keeled over from a cardiac arrest while waiting for sentencing.

4. Dennis Kozlowski, former C.E.O. Of Tyco International: In 2005, Kozlowski was found guilty of grand larceny, instruments fraud and other crimes related to his invoice of $81 million in unapproved loans and bonuses, wrong payments and Tyco?s fraudulent fiscal notification. He gave generously to charities, though $106 million of his donations were made with Tyco?s cash. He is eligible for parole in 2014.

5. Michael Milken, financier known as the junk bond king: Milken was charged with 98 counts of racketeering and securities crime in 1989. He reached a plea bargain agreement whereby he admitted guilt to 6 securities violations and was given a decade in prison. He also paid a $600 million fine. Milken was released after serving only 2 years in gaol. At the time of his misdeeds, Milken was known generally as a generous humanitarian. His Foundation of the Milken Families has donated millions of bucks to numerous causes including $60 million dollars in educator awards and large donations to educational institutions such as the University of Pennsylvania and charities like the United Way. His philanthropy has led to a Fortune Mag cover story calling him ?The Man Who Modified Medication? thanks to his massive medicare donations.

6. Richard M. Scrushy, founder and former Chairman and C.E.O. Of HealthSouth Corporation: Scrushy was found guilty as charged of bribery and mail crime in association with payments he made to Alabama?s governor in return for appointment to the state board that controlled infirmaries. He was handed 82 months in Fed prison and was charged $2.87 billion. Scrushy co-founded Computer Help for Youngsters, a charity that picked up, renovated and donated computers to school students and community groups. He also established a ministry to feed African kids, though this took place as he was awaiting trial. Scrushy is appealing his conviction.

7. Lord Conrad Black, previous C.E.O. Of Hollinger. International: Black was found guilty as charged of mail fraud and obstruction of justice in 2007 and was given 78 months in jail. He is currently out on bail outstanding a Supreme Court review of his case. His Black Family Foundation has donated millions of bucks to charities, including $3.4 million to Toronto?s Hospice for Sick Kids and heavy amounts to varied educational institutions.

8. John Rigas, founder and previous C.E.O. Of Adelphia Communications Co. and majority owner of the Buffalo Sabres ice hockey team: Rigas was convicted of multiple counts of crime and tax evasion for concealing $2.3 billion in liabilities from shareholders and making personal use of company funds. When these misdeeds were revealed, many people came forward to provide yarns portraying Rigas as a giving person who constantly helped needy neighbours. But plenty of Rigas ? donations were made with Adelphia funds. At his sentencing, Rigas pled for leniency and noted his charity work. The judge answered by stating, ?To be a great humanitarian with other folks ? money isn't extremely persuasive.? Rigas was given 15 years in prison. He is planned to be released in 2018 when he's going to be 93 years old.

9. Ivan Boesky, entrepreneur and stock trader: Boesky achieved fame by amassing a fortune by trading on insider info re pending company takeovers. He confessed to insider trading through a plea arrangement that involved him testifying against Michael Milken. He was given 3.5 years in prison and paid a $100 million fine. Boeksy became involved in illegal trading schemes although he had more money than he could spend at the time. Boesky donated $20 million for the Jewish Theological Seminary?s library that was named for him.

10. Gary Winnick, founder and former Manager of Worldwide Crossing Limited: Winnick made over $700 million by selling his stock of Worldwide Crossing just before the company collapsed. While the SEC chose not to bring charges against him, investors brought a class action lawsuit against Winnick and others claiming crime. The defendants settled the suit by paying the investors $325 million. Winnick, to his credit, also donated $25 million to staff who lost their 401K?s due to World Crossing?s passing. Through his family foundation, Winnick funded the Winnick Family Clinical Research Center at Cedars-Sinai Surgery. He also donated $40 million for the Simon Wiesenthal Center?s global conference center in Jerusalem and sponsored various stipends.

Why would all these men who were accused or found guilty of crime or criminal activity also have charity as a common denominator? One main factor is that these businessmen all generated millions of greenbacks thru their actions and had the means to make large donations without impacting their lifestyle.

Other explanations delve into the psychological kingdom. For some, making these gifts was a way to reaching bigger notoriety. Donations were often publicized and, as in the case of Boesky and Winnick, regularly led on to buildings or financial scholarships carrying the name of the donor. These businessmen might have simply wanted to draw attention to their largesse. It is also likely that many of those fraud artists also saw charity as a means for offsetting the guilt that they harbored for the harm they'd caused investors and others by perpetrating their scams. They felt that if they did something supererogatory with their funds, this would make their moral transgressions more sufficient.

Regarding Bernie Madoff, I do not believe that he ever set out to make a Ponzi scheme that would eventually be exposed. It is much more likely that his firm wasn't able to supply the investment returns that Madoff had guaranteed and dipped into other investors ? funds instead of admit to clients that he missed expectations. Nevertheless instead of replacing these lost funds with excess future gains, the shortfall grew larger until it was impossible. Thus, Madoff never intended to broke these charities. It was an inadvertent result of his inability to admit failing to his clients and friends. But without reference to his true motivations, the fact is that Madoff?s fraud destroyed many charitable setups. He now joins these other businessperson that have mixed crime and philanthropy. Welcome to the list, Bernie Madoff.

The tract above is all about finra arbitration and finra lawyers . The writer is Mailab Palma.

Source: http://www.theyellowads.com/legal/bernie-madoff-and-the-reoccurring-absurdity-of-fraud-and-philanthropy

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