• Professor Elam

    Weekend Jan 13, 2024

    Morgan Stanley MS -0.89%decrease; red down pointing triangle

     

    agreed Friday to pay $249 million to settle criminal and regulatory investigations into allegations that some employees improperly shared information about clients’ stock sales, the Manhattan U.S. attorney’s office said.

    The resolution ends a long-running probe into how the bank sold large blocks of stock for institutional investors. Morgan Stanley obtained a nonprosecution agreement, a form of leniency that means it won’t face criminal charges as long as it cooperates with ongoing requests from prosecutors for three years and doesn’t violate its settlement agreement. 

    The bank’s total settlement includes an agreement to pay fines of about $112 million to the Securities and Exchange Commission. “We are pleased to resolve these investigations and are confident in the enhancements we have made to our controls around block trading,” the bank said Friday in a statement.

    A former executive in charge of block trading, Pawan Passi, admitted that he misled clients from 2018 to 2021 about how he would handle their trades. He agreed to a one-year bar from the securities industry and to pay a $250,000 fine to the SEC.

    Passi received a probationary deal known as a deferred prosecution agreement, which typically is reserved for low-level offenders without a criminal history. His separate deal with the SEC allows Passi to seek readmission to the brokerage industry after his one-year bar expires.

    George Canellos, an attorney for Passi, said his client was “pleased the U.S. Attorney’s Office agreed to not pursue a criminal conviction of Mr. Passi in this complex matter.”

    “The settlements allow Mr. Passi and his family to move past two very difficult years of intense government scrutiny of the block-trading practices on Wall Street,” he added.

    Block trades occur when a large shareholder, such as a private-equity firm, wants to sell a swath of stock at once. A bank such as Morgan Stanley offers to buy the block at a discount to the day’s closing price and then sells the shares at a slight markup from what it paid. In the years leading up to the probe, Morgan Stanley was the dominant bank in block trading.

    Prosecutors said Passi promised some selling shareholders that he would keep their potential sales confidential but knew he would talk to investors and that they would use the information to trade in advance of the block sales. 

    Potential buyers of block shares, such as hedge funds, sometimes short the stock once they hear about the sales. That can drive down the price that the selling shareholder receives.

    Morgan Stanley’s settlement includes $64 million in restitution, which would go to compensate sellers harmed by the information leakage. The bank’s civil fraud settlement with the SEC says Passi’s communications with investors reduced Morgan Stanley’s risk in purchasing block trades.

    The bank told some sellers of block shares that its process for finding buyers was “less prone to leaks and therefore less risky than the processes run by other banks,” according to a statement of facts attached to Morgan Stanley’s agreement with prosecutors. 

     

    In one example cited by prosecutors, Passi and other Morgan Stanley employees in 2021 told a seller of

    stock they would keep a potential 10-million-share block trade confidential. Passi, however, told a hedge fund “on an almost daily basis about the specific details of Morgan Stanley’s discussions with the seller,” according to the statement of facts.

    The hedge fund sold short 1.2 million shares of Star Bulk Carriers, prosecutors said. It later bought some of the shares from the Star Bulk seller to cover its short sale.

    Star Bulk’s share price fell so much over a one-day period that the seller confronted Passi about whether Morgan Stanley had told anyone about the possible sale. But Passi “lied, falsely assuring the seller that no Morgan Stanley employees had disclosed the upcoming block to the buy side,” according to prosecutors. 

    Prosecutors’ investigation was complicated by questions about whether the potential stock sales were material nonpublic information. In some cases, block trades involve shares that sophisticated investors know are coming because the sellers are executives whose stockholdings are publicly disclosed and who are only able to sell after a defined period.

    The SEC said block orders could be material nonpublic information. Sellers interested in dealing with Passi’s team at Morgan Stanley sent an email that “typically included an explicit statement requiring confidential treatment of information,” according to the SEC. 

    But during the period when Passi ran the team, he and others were told that certain block orders weren’t material nonpublic information, the SEC’s settlement added. Policies the bank used to log and control such sensitive information—intended to prevent insider trading, for instance—weren’t applied to block trades. 

    Defense attorneys also pointed out that regulators decades ago had approved of banks’ disclosing block orders so they could find the best price for a seller. The SEC in 1979 issued guidance that said brokers couldsearch and negotiate for a matching interest” to sell a block for a customer. 

    A 2022 Wall Street Journal analysis of nearly 400 block trades over three years indicated that information about the sales routinely leaks out ahead of time.

    Morgan Stanley put Passi on leave in November 2021 and discharged him the following year, according to Financial Industry Regulatory Authority records. Charles Leisure, another senior executive who worked with Passi on block trades at the bank, was also discharged in 2022, according to Finra records. Prosecutors didn’t charge Leisure with wrongdoing.

    Write to Dave Michaels at dave.michaels@wsj.com, AnnaMaria Andriotis at annamaria.andriotis@wsj.com and Corrie Driebusch

  • Professor Elam

    1/11/2024

    anet Mello, who’s charged with bilking the Army of more than $100 million, came to the attention of federal investigators after the IRS flagged her as a possible tax cheat, according to court filings.

    Mello is accused of setting up a shell company to fraudulently collect money from a 4-H program for military families. She was a civilian Army employee at Joint Base San Antonio-Fort Sam Houston whose duties included helping administer the 4-H initiative.

    She created the company, called Child Health and Youth Lifelong Development, or CHYLD, in 2016 and included it in her 2017 personal tax forms, according to a new court filing. She reported that her company earned a profit of $483 on revenue of $2,152 for training consultations.

    After 2017, however, “Mello has not filed any subsequent income tax returns for CHYLD on a personal nor a business entity income tax return,” according to a forfeiture lawsuit filed by Assistant U.S. Attorney Antonio Franco Jr. in federal court on Dec.27. 

    The lawsuit aims to recoup more than $18 million found in bank accounts tied to Mello.

    Prosecutors say Mello, 57, lived a life of opulence that far surpassed what her government salary could support. In 2022, her pay was $129,996. 

    With the money she allegedly stole between 2017 and 2023, Mello went on globe-trotting trips; dined at high-end restaurants; bought expensive jewelry, designer clothing and accessories; and amassed a collection of vintage and high-performance motorcycles and cars. She also bought millions of dollars worth of real estate, including several luxury condos.

    reviewed by the San Antonio Express-News.

    The Internal Revenue Service noticed the discrepancy between her salary as a government employee and her lifestyle.

    The agency’s criminal investigations division launched a joint probe with Army investigators, which resulted in her indictment in early December on mail fraud and related charges.

    It is one of the Army’s worst-ever theft cases.

    Authorities accuse Mello of exploiting lax controls at the Army’s Installation Management Command to divert $103 million to her company, instead of the 4-H program it was intended for.

     

    Authorities could have detected her alleged theft much earlier, or even prevented it, if Army leaders hadn’t loosened the administrative reins, granting her more autonomy in her job as part of an organizational shake-up, according to court records and interviews with sources familiar with the investigation.

    “It speaks to the nonchalant-ness of the command and its lack of internal controls,” said one person familiar with the investigation, who requested anonymity because the person wasn’t authorized to speak to the media.

    Loosening the reins

    The Installation Management Command, or IMCOM, with a workforce of more than 50,000 worldwide, is a major subordinate command of the Army’s Materiel Command. Among IMCOM’s missions is to ensure facilities are fit to house and train soldiers and to oversee recreational programs for soldiers and extracurricular activities for their families, such as 4-H.

     

    IMCOM, headquartered at Fort Sam Houston, operates a series of directorates that use the letter G and a number for designations, such as “G-1” for personnel, “G-6” for technology, “G-8” for finance. The directorate where Mello worked, G-9, oversees programs related to family, morale, welfare and recreation initiatives.

    Army records show Josh Gwinn has been G-9’s director since April 2023. He was its deputy director from April 2018 to March 2023. 

    Under Gwinn are G-9 Branch Chief Kevin Montgomery and Suzanne King, chief of the G-9’s child and youth services. Both have held those positions since at least 2019.

    Mello worked for them as a program manager for G-9’s child and youth services section.

    The Express-News was unable to reach Gwinn or Montgomery for comment. King referred a reporter to her agency’s public affairs office for answers to his questions. The public affairs office did not answer written questions, instead referring the reporter to Army investigators.

     

    Though court documents allege Mello launched her scheme in 2016 and started receiving 4-H money in January 2017, the theft appeared to accelerate after 2019.

    That year, as part of a reform initiative, IMCOM was moved from the direct supervision of the Army’s chief of staff at the Pentagon, and became a subordinate of the Army’s Material Command at Redstone Arsenal in Alabama. In the same period, Mello was given more flexibility in how she did her job, with less supervisory oversight. 

    The moves were intended to make the command’s operations more efficient, IMCOM records state.

    As part of her duties, Mello helped run the 4-H Military Partnership Grant program. It hires contractors to provide training and curricula to the service branches so that children from military families can participate in 4-H, a network of youth groups that encourages children to undertake hands-on projects in agriculture, health, science and civic leadership.

    When Mello created CHYLD in 2016, she said it provided 4-H services to military personnel and their families, but federal authorities say her company never did, that it only received payments.

     

    She allegedly took advantage of the new leeway she had in her job — as well as the trust another federal agency, the Defense Finance and Accounting Service, placed in IMCOM.

    Known as DFAS, that agency oversees payments to Department of Defense service members, employees and contractors.

    The agency mailed more than 40 payments to CHYLD totaling $103 million, all at Mello’s request.

    DFAS sent the money after receiving packets from Mello that included a document known as a standard form 1080, a voucher request for payment  that indicated — though it doesn’t specifically spell out — that IMCOM had vetted and approved CHYLD as a vendor for the 4-H program. That allowed payment to her company to be processed without an invoice.

    “According to DFAS, the normal process for the distribution of funds requires Mello’s supervisor to submit a memo to DFAS indicating an entity or potential vendor is approved to receive grant funds and lists the source of those funds,” prosecutor Franco wrote in the forfeiture lawsuit. “On all of the memos submitted by Mello’s supervisor wherein CHYLD was listed as the recipient of the funds, Mello was listed as the person to whom DFAS should direct any questions about payment authorization.”

    Instead of having her supervisor, Suzanne King, approve and sign forms that needed her OK, Mello allegedly digitally forged King’s signature, according to court records.

    “They stove-piped the process to only one person,” said a source familiar with the investigation, referring to Army leaders. “They gave her complete carte blanche, and she found all the loopholes.”

    No supervisor appears to have spot-checked Mello’s work. In December, Assistant U.S. Attorney Justin Simmons said the Army apparently hadn’t conducted an audit of the program.

    In his forfeiture lawsuit, Franco included memoranda and other documents that Mello submitted to DFAS in 2017.

    One memo, dated Jan. 17, 2017, requested a check for $983,483 to be delivered by FedEx to CHYLD’s purported address in Schertz. Mello was listed as the contact person.

    The memo included an email sent by a “Kathy Johnson” to Mello’s work email address; Mello described Johnson as the “financial analyst/reimbursable coordinator” at CHYLD. It also listed a phone number for Johnson. 

    “Based on the investigation, Kathy Johnson, the phone number, and email address appear to be fake, as no phone number or email address returns to CHYLD or Kathy Johnson,” the lawsuit said. 

    Franco also included Mello’s most recent request for payment, dated Aug. 14 of last year — for a check for more than $4 million, to be sent to an address in the 20700 block of  U.S. 281 in Stone Oak.

    The memorandum was digitally signed by the “Chief, CYS, IMCOM,” and gives the person’s full name, though the lawsuit does not name the person. IMCOM records reviewed by the Express-News identify the person as King.

    Agents discovered that the company’s Interstate 35 and U.S. 281 addresses were for UPS stores that rent mailboxes. 

    “Based on (the) investigation, there is no evidence CHYLD has a physical address out of which it operates,” the lawsuit said.

    The high life

    During the investigation, agents also found that Mello picked up the checks at the U.S. 281 address and deposited them at a Bank of America branch office across the highway. The lawsuit said that to conceal the source of the funds, Mello “transferred the fraud proceeds through various bank accounts she controlled.”

    The forfeiture lawsuit said no legitimate income appeared to have been deposited into bank accounts tied to Mello’s company. (Her government paycheck went into a USAA bank account, separate from the CHYLD accounts, the lawsuit said.)

    Agents found that between March 2022 and April 2023 alone, DFAS issued more than $61 million in payments to CHYLD.  

    Investigators allege that Mello spent nearly $43 million between Dec. 17, 2021, and May 31, 2023. That included $24.3 million on “retail,” $10.9 million on jewelry, $8 million on vehicles, $130,150 on airfare and $80,432 on lodging, the lawsuit said.

    Prosecutors have not said whether anyone questioned her allegedly lavish spending or took such concerns to federal authorities.

    “She’s a textbook example,” said a source familiar with the investigation. “This could have been caught much, much earlier. It didn’t get caught until an outside agency figured it out.”

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  • Professor Elam

    1/11/2024

    A local business scammed its customers out of more than $200,000, according to the Bexar County Sheriff’s Office.

    Deputies arrested two men this week and said another suspect is still at large in connection with a food truck scam. 

    Omar Alexis Emmanuel Cruz, 39, was charged with engaging in organized crime and stealing between $30,000 to $150,000 from customers. Sheriff Javier Salazar alleged Cruz recently scammed a customer out of $36,000. 

    Miguel Angel Cuellar Lopez, 57, was arrested in December on three counts of theft but was later released on bond, court records show. He has been re-arrested on an additional charge of engaging in organized crime.

    Salazar said in a Tuesday news conference that a third person is wanted in connection with the case. He identified the man as Miguel Angel Cuellar Martinez, 32, who is accused of engaging in organized crime and three counts of theft.

    The sheriff’s office believes Cuellar Martinez fled to Mexico, but Salazar said getting him back inside the country with help from Mexican authorities is “highly likely.” 

    Deputies believe the three men lured people in with false promises about building them a custom food truck. 

    Nearly 30 people came forward when Lopez was first arrested to say they were scammed, but the number rose to over 35 following Cruz’s arrest.

    The total amount of money taken by this business is “upwards of $225,000,” but the transactions could reach $300,000 to $400,000, the sheriff said.

    “They were targeting mostly immigrants,” Salazar said. He added that the people they targeted were in the food business and looking to expand. 

    Salazar said the men are accused of taking a down payment or full payment from their customers, refusing to give updates and cutting communication with the buyers. Customers went to the business location to find it was no longer there. 

    Buyers were located in San Antonio as well as nationwide, and most of them still don’t know that they are being scammed, Salazar said.

     

    The sheriff said some people haven’t come forward because they believe they still will get the product. 

    “We have to convince people (that) there is no product. You’re not going to get your product, so your best bet is to follow through on charges.” Salazar said. 

    The sheriff said business employees should come forward as witnesses before being listed as co-defendants. 

    “Once we have to come find you, time for explanation is over,” he said.

     

    Cruz was booked Tuesday, and his bail is set at $35,000. Lopez’s bail is set at $20,000.

    Anyone with information regarding the case is asked to call 210-335-6000 or email BSCOTIPS@Bexar.org

  • Professor Elam

    Thursday Jan 11, 2024

    Two wealthy businessmen who stole hundreds of thousands of dollars from two nonprofit organizations — much of it donated by San Antonio-based WellMed Medical Management Inc. founder Dr. George Rapier III — are heading to prison.

    Hector Barreto, 62, of California, who led the nonprofits and served as an administrator of the U.S. Small Business Administration during George W. Bush's presidency, was sentenced Wednesday to 20 months in federal prison followed by three years of supervised release. Co-defendant Miguel Gutierrez, 49, a former WellMed consultant, received five years' probation and 10 months' incarceration as a condition of his probation. 

    Barreto and Gutierrez also will have to pay a combined $944,693 in restitution. They each were fined $100,000. Gutierrez also has to pay almost $250,000 in taxes to Internal Revenue Service for unreported income.

     

  • Professor Elam

    • the adoption
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  • Professor Elam

    Moday Jan 8, 2024

    hClick here for story

    An ex-bookkeeper at an Alamo Heights architecture firm is facing criminal charges related to a roughly $1 million embezzlement scheme.

    A federal grand jury in San Antonio on Wednesday indicted Sarah Jean Lingle, who worked as a bookkeeper and office manager at the Sage Group for almost five years, on five counts of wire fraud and four counts of filing a false tax return.

    Lingle, 39, joins a gallery of other former San Antonio-area bookkeepers who have been arrested or indicted on charges of stealing from their employers.

    glamorous lifestyle, complete with photographs of them in exotic locales and showing off a new Audi automobile, luxury watches, designer shoes and home improvements. 

    Sage Architecture sued the couple in September 2022, alleging they paid for that lifestyle with money stolen from the firm. It said it had discovered $1.6 million in thefts from charges on a company debit card.

    In the civil lawsuit filed in state District Court in San Antonio, Sage obtained a default judgment against Chris Lingle when he failed to respond to the allegations against him. But there’s been no activity in the case in over a year. Chris Lingle has not been criminally charged.

    Sage officials reported the alleged embezzlement scheme to the Alamo Heights Police Department on Aug. 26, 2022, 10 days after Sarah Lingle resigned. A police official had told the San Antonio Express-News that the case had been turned over to the U.S. Secret Service.

  • Professor Elam

    Friday Jan 5 2024

    AMC was one of the zero earnings firms that speculators  piled into,

    click to see what happened

  • Professor Elam

  • Professor Elam

    Friday ,Dec 5 2024

    Hi Dennis,

    Happy New Year! The Institute of Management Accountants is thrilled to announce the launch of our new certification, the Financial and Managerial Accounting Associate (FMAA). We are eager to share this news with you and your students. This certification offers a pathway for early-career professionals/accountants and managers from diverse fields, to fortify their grasp of accounting and finance fundamentals. This certification isn't solely tailored for those with an accounting background, making it accessible and beneficial for students exploring career shifts or aiming to expand their skill set.

    We invite faculty and students to join us for an informative webinar on January 18th at 3pm PST/6pm EST. You will learn more about the FMAA certification from IMA representatives and you’ll also hear from faculty about why this is a great certification for students at two-year or four-year colleges and uncertified business professionals. Register here!

    Guest Faculty Speakers

    Mike Deschamps, CPA

    Professor of Accounting

    MiraCosta College

    Kari Olsen, PhD, CPA, CMA

    Associate Professor of Accounting

    Utah Valley University

    Monte Swain, PhD, CPA, CMA, CGMA

    Deloitte Professor of Accountancy

    Brigham Young University

    We look forward to seeing you there!

    Tyler SkeltonBusiness Development ManagerIMA® (Institute of Management Accountants)

     

    CMA® | It Makes All the Difference

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  • Professor Elam