• Professor Elam

    Friday August 19 2022

    • Gene Upshaw Health Reimbursement Account Plan
    • June 2017 – Dec 2018
    • $3.9 M False Claims
    • False claims hyperbaric, cryotherapy, ultrasound for injured players

    NFL Players plead guilty to health care fraud

    the fund was created to help NFL players with long term injuries, but these guys stole from that very fund

    NFL players are well paid, so  why get caught up in something like this

     

    One of my Psychologist friends suggested that most players lack much education despite playing in college and probably do not understand the amount of money they are paid, hence they do something like this

  • Professor Elam

    Friday August  19 2022

    • Wrote about $1 M hot checks
    • Organized weeklong football event 2019
    • Paid for uniforms, transport, meals
    • Promised college scouts would see the students
    • A prior theft conviction raised to second degree felony

    Max 20 Year Prison sentence

    Richard Cardenas created a fraudulent football agency story writing over $1 M in hot checks

    The check-writing that sent him to prison centered on youth sports. Witnesses established that Cardenas organized a weeklong football event early in 2019 and, starting the previous November, paid for uniforms, transportation and meals for participants.

    Cardenas told attendees from across the state that they would be seen by scouts who could recruit them to play on college teams, according to testimony. Lovett on Tuesday could not explain his motive, saying he never cooperated with investigators.

    During his trial, multiple vendors testified that three checks Cardenas wrote for uniforms with screen-printing and embroidery, totaling more than $40,000, bounced in the weeks leading up to the event, officials said.

    Evidence also established that on Jan. 22, 2019, Cardenas also rented numerous charter buses to transport guests to the event and wrote a check for $34,000 that he knew he did not have the money to cover.

  • Professor Elam

    Friday August 19 2022

    • SEC Alleges Robert J Mueller spent $1.5 M investor money for 2nd and 3rd wedding, rings, divorce, vacation cruises, school tuition, condo in Hawaii
    • Deeproot Funds claimed to develop
    • Retro Atomic Zombie Addventureland
    • $58 M from 300 investors
    • Another Ponzi like scheme

    You have to wonder how he thought he would get away with this?

  • Professor Elam

    Friday August 19 2022

    • iCore Global claimed 156 offices in 64 countries
    • $47.45 B annual transactions
    • Actually two mail boxes at UPS
    • Defrauded investors for $2.1M
    • Samantha Mueting charged seven counts of wire fraud, two other single count

    i/core Global Execs plead guilty

    Two executives of iCore Global LLC (iCore) have pleaded guilty to their involvement in a fraud scheme.

    According to court documents, Samantha L. Mueting, 57, of San Antonio and Josephus De Laat, aka Jos De Laat, 61, of Spicewood defrauded investors through iCore, a company Mueting owned and operated and touted as being a multi-national commercial real estate provider. De Laat served as iCore’s chief financial officer.

    Together they conspired to perpetrate a series of frauds upon couples nearing retirement. The defendants promised to allocate the victim couples’ funds into a commercial real estate hedge fund, but instead used the funds for their own personal gain. According to the indictment, they made fraudulent misrepresentations that iCore was a full service, conflict-free, commercial real estate provider worldwide.

    Mueting claimed that iCore operated in at least 64 countries, with 156 offices, managed anywhere from tens to hundreds of billions of dollars in a commercial real estate investment fund and employed anywhere from 1,500 to 5,000 employees. In reality, iCore’s incorporation address was a shipping company store P.O. Box in Helotes and never employed more than half-dozen employees at any given time. In sum, the defendants defrauded investors of more than $2.1 million.

  • Professor Elam

    Thursday August 18, 2022

    A $600 million debt deal that Goldman Sachs Group Inc. GS -0.48% and JPMorgan Chase JPM -1.39% & Co. recently arranged for Avaya Holdings Corp. AVYA -0.33% went bad within weeks.

    The two banks sold new loans and bonds for Avaya, a cloud-communications company, in late June. Investors included Brigade Capital Management LP and Symphony Asset Management LLC, people familiar with the matter said.

    A few weeks later, Avaya announced that it would miss by more than 60% its previous forecasts for adjusted earnings in the third quarter, which ended June 30. It gave no explanation. The company also said that it would miss revenue targets and announced it was removing its chief executive officer.

    Prices of the newly issued debt plummeted, hitting investors who lent Avaya the money with paper losses exceeding $100 million, according to analyst commentary and data from MarketAxess and Advantage Data Inc.

    Avaya said Tuesday that it “has determined that there is substantial doubt about the Company’s ability to continue as a going concern.” It also said that the audit committee of the board of directors had opened an internal investigation “to review the circumstances surrounding” the most recent quarter. The committee is also investigating a whistleblower letter, but it didn’t give details.

     

    Avaya also tapped law firm Kirkland & Ellis LLP and turnaround adviser AlixPartners LLP as it considers its options, The Wall Street Journal reported Tuesday.

    New CEO Alan Masarek held an abbreviated conference call Tuesday to discuss third-quarter earnings and declined to take questions from Wall Street analysts. Mr. Masarek attributed Avaya’s poor performance in part to clients signing up for smaller and shorter software subscription contracts than expected, potentially out of fear about the company’s debt load.

    “I understand very clearly that there is disappointment, there’s worry, there’s concern out there across effectively all Avaya stakeholders,” Mr. Masarek said. “I’m going to thank you in advance for your patience… Give us some time to demonstrate a better future.”

    Avaya’s 6.125% bond due 2028 fell as low as 48.50 cents on the dollar after the presentation, down from a close of 56.25 cents on Monday, according to data from MarketAxess.

    Some analysts were already skeptical of Avaya’s financial forecasts.

    “Why [are] your projections always faltering when you report quarterly results? Why can’t you have a stable outlook?” asked Hamed Khorsand, an analyst at BWS Financial, after the company’s last quarterly earnings report in May. Avaya undershot that quarter’s adjusted-earnings targets by about 10%.

    A $600 million debt deal that Goldman Sachs Group Inc. GS -0.48% and JPMorgan Chase JPM -1.39% & Co. recently arranged for Avaya Holdings Corp. AVYA -0.33% went bad within weeks.

    The two banks sold new loans and bonds for Avaya, a cloud-communications company, in late June. Investors included Brigade Capital Management LP and Symphony Asset Management LLC, people familiar with the matter said.

    A few weeks later, Avaya announced that it would miss by more than 60% its previous forecasts for adjusted earnings in the third quarter, which ended June 30. It gave no explanation. The company also said that it would miss revenue targets and announced it was removing its chief executive officer.

    Prices of the newly issued debt plummeted, hitting investors who lent Avaya the money with paper losses exceeding $100 million, according to analyst commentary and data from MarketAxess and Advantage Data Inc.

    Avaya said Tuesday that it “has determined that there is substantial doubt about the Company’s ability to continue as a going concern.” It also said that the audit committee of the board of directors had opened an internal investigation “to review the circumstances surrounding” the most recent quarter. The committee is also investigating a whistleblower letter, but it didn’t give details.

     

    Avaya also tapped law firm Kirkland & Ellis LLP and turnaround adviser AlixPartners LLP as it considers its options, The Wall Street Journal reported Tuesday.

    New CEO Alan Masarek held an abbreviated conference call Tuesday to discuss third-quarter earnings and declined to take questions from Wall Street analysts. Mr. Masarek attributed Avaya’s poor performance in part to clients signing up for smaller and shorter software subscription contracts than expected, potentially out of fear about the company’s debt load.

    “I understand very clearly that there is disappointment, there’s worry, there’s concern out there across effectively all Avaya stakeholders,” Mr. Masarek said. “I’m going to thank you in advance for your patience… Give us some time to demonstrate a better future.”

    Avaya’s 6.125% bond due 2028 fell as low as 48.50 cents on the dollar after the presentation, down from a close of 56.25 cents on Monday, according to data from MarketAxess.

    Some analysts were already skeptical of Avaya’s financial forecasts.

    “Why [are] your projections always faltering when you report quarterly results? Why can’t you have a stable outlook?” asked Hamed Khorsand, an analyst at BWS Financial, after the company’s last quarterly earnings report in May. Avaya undershot that quarter’s adjusted-earnings targets by about 10%.

    •  

    Avaya’s Collapsing Debt Deal Hits Clients of Goldman, JPMorgan

    Company cut earnings forecast by more than 60% weeks after borrowing $600 million from the banks’ investment clients; audit committee says it is investigating a whistleblower letter

     

    The latest turmoil at Avaya Holdings, a cloud-communications company, comes five years after a bankruptcy filing.Photo: David Paul Morris/Bloomberg News

     
     

    A $600 million debt deal that Goldman Sachs Group Inc. GS -0.43% and JPMorgan Chase JPM -1.48% & Co. recently arranged for Avaya Holdings Corp. AVYA -0.33% went bad within weeks.

    The two banks sold new loans and bonds for Avaya, a cloud-communications company, in late June. Investors included Brigade Capital Management LP and Symphony Asset Management LLC, people familiar with the matter said.

    A few weeks later, Avaya announced that it would miss by more than 60% its previous forecasts for adjusted earnings in the third quarter, which ended June 30. It gave no explanation. The company also said that it would miss revenue targets and announced it was removing its chief executive officer.

    Prices of the newly issued debt plummeted, hitting investors who lent Avaya the money with paper losses exceeding $100 million, according to analyst commentary and data from MarketAxess and Advantage Data Inc.

    Avaya said Tuesday that it “has determined that there is substantial doubt about the Company’s ability to continue as a going concern.” It also said that the audit committee of the board of directors had opened an internal investigation “to review the circumstances surrounding” the most recent quarter. The committee is also investigating a whistleblower letter, but it didn’t give details.

     

    Avaya also tapped law firm Kirkland & Ellis LLP and turnaround adviser AlixPartners LLP as it considers its options, The Wall Street Journal reported Tuesday.

    New CEO Alan Masarek held an abbreviated conference call Tuesday to discuss third-quarter earnings and declined to take questions from Wall Street analysts. Mr. Masarek attributed Avaya’s poor performance in part to clients signing up for smaller and shorter software subscription contracts than expected, potentially out of fear about the company’s debt load.

    “I understand very clearly that there is disappointment, there’s worry, there’s concern out there across effectively all Avaya stakeholders,” Mr. Masarek said. “I’m going to thank you in advance for your patience… Give us some time to demonstrate a better future.”

    Avaya’s 6.125% bond due 2028 fell as low as 48.50 cents on the dollar after the presentation, down from a close of 56.25 cents on Monday, according to data from MarketAxess.

    Some analysts were already skeptical of Avaya’s financial forecasts.

    “Why [are] your projections always faltering when you report quarterly results? Why can’t you have a stable outlook?” asked Hamed Khorsand, an analyst at BWS Financial, after the company’s last quarterly earnings report in May. Avaya undershot that quarter’s adjusted-earnings targets by about 10%.

    Avaya’s former CEO Jim Chirico, applauding at the company’s stock listing in 2018, was removed last month.Photo: Richard Drew/Associated Press

    Then-CEO Jim Chirico attributed the fumble to Avaya’s adoption of a new sales strategy that forced the company to recognize revenue more slowly. “We believe we’re over that hurdle,” he said at the time.

    Avaya emerged as a telecommunications-equipment supplier to corporations in 2000, when it spun out of Lucent Technologies. Private-equity firms TPG and Silver Lake Partners bought the company in 2007, but it struggled to transition from selling hardware to selling software, and with servicing debt from the buyout. The company filed for bankruptcy protection a decade later before reorganizing. Mr. Chirico took the helm in 2017 and shifted to developing cloud-based software for enterprises.

    “Avaya squandered a lot of money and time and has little to show for it,” independent enterprise communications analyst Dave Michels wrote in a recent report. “Many of us have wondered why the board didn’t act sooner—years sooner.”

    A spokeswoman for Avaya declined to comment on analysts’ critiques.

    The financial crunch hit this spring when Avaya’s cash reserves shrank to $324 million—down from almost $600 million a year earlier, according to company filings. The company tried to raise new debt to refinance a $350 million convertible bond that was coming due in 2023, according to company filings.

    Advertisement – Scroll to Continue

    Goldman initially proposed a $500 million loan with a 12.6% yield but found few buyers, according to data provider LevFin Insights. The bank ultimately placed a $350 million secured loan yielding 15.5% with investors. Lenders included Symphony, which has invested in Avaya since before its bankruptcy, the people familiar with the matter said.

    Avaya approached JPMorgan in late June to raise additional funds, according to one of the people. The bank placed a $250 million secured convertible bond. Investors included Brigade, the people said.

    During the marketing process, Avaya executives told lenders that the company was on track to hit its earnings guidance, some of the people familiar with the matter said.

    SHARE YOUR THOUGHTS

    Should companies return capital raised shortly before large earnings misses? Why or why not? Join the conversation below.

    The company had set Ebitda guidance of about $145 million for the quarter ended June 30 but cut that to between $50 million and $55 million on July 28. (Ebitda refers to earnings before interest, taxes, depreciation and amortization.) Avaya reported $54 million of Ebitda for the quarter on Tuesday, a figure that barely covers the quarterly interest expenses it disclosed in recent earnings reports.

    “It is a surprising outcome for a company that priced $600 million of fresh capital…just four weeks ago,” said Lance Vitanza, a stock analyst at Cowen Inc. “It may be too late to accomplish much without radically restructuring Avaya’s balance sheet.”

    The newly issued loans were quoted around 65 cents on the dollar Tuesday, down from 87 cents in late July, according to Advantage Data. The new convertible bond is likely to trade at similar prices in the near future, Mr. Vitanza said.

    Losses have been heavier for owners of Avaya stock, which fell to as low as 82 cents last week from around $2.50 in early July and about $10 at the start of May. Avaya shares fell 46% Tuesday to 61 cents.

    Alexander Gladstone and Andrew Scurria contributed to this article.

    Write to Matt Wirz at matthieu.wirz@wsj.com

  • Professor Elam

    Wed August 17 2022

     

    Blames Fall for loss of memory

    Chimnee Van Gundy the Queen of Mobile Homes has not shown up for her second hearing.

    The Bankruptcy Trustee wants her case dismissed. Van Gundy claims to have made millions with a fixer upper plan regarding mobile homes.

    But 'investors' say it was a Ponzi Scheme. She replied some  100 times in the first hearing that she did not remember.

    We never run out of new fraud material.

     

  • Professor Elam

    Tuesday August 16 2022

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  • Professor Elam

    Tuesday August 61, 2022

    t’s the Little League hug that stirred the planet.

    The moment happened last week, in Waco, Texas, during regional play of the Little League World Series. The opponents were Pearland, Texas, and Tulsa, Okla. Pearland pitcher Kaiden “Bubs” Shelton threw a pitch that veered dangerously inside and thunnnnnkit smacked right off the protective helmet of Tulsa batter Isaiah “Zay” Jarvis, who dropped to the ground and clutched his head. 

    It was scary. It’s scary whenever a pitch flies near a batter’s head, and it’s outright terrifying when the pitch knocks a hitter to the dirt. Jarvis, who was likely spared a more serious injury when the pitch hit the corner of his helmet’s ear flap, eventually rose to his feet, and trotted down to first base.

    Upon reaching first, Zay Jarvis noticed something: Shelton, the Pearland pitcher, was still reeling about the beanball and seeing Jarvis on the ground. He was in tears. 


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    That’s when Jarvis did an extraordinary thing: He calmly walked over from first base to the pitcher’s mound and embraced his opponent, reassuring him that he was OK.

    “It wasn’t really a thought,” Jarvis told the Oklahoman. “It was just kind of like a natural reaction.” 

    Shelton was grateful for the unexpected gesture. “I could hardly breathe, honestly,” the pitcher told KHOU 11 TV. “He came over and hugged me and told me I got this. He was like: ‘Take deep breaths and just think happy thoughts.’” 

    If you haven’t watched this moment, take a couple of seconds to do so; The hug between Zay and Bubs is everywhere on the Internet. If you’re not at least a little moved by the scene, it’s safe to assume you’re not breathing. 

    The hug has gone viral as a stirring example of sportsmanship and kindness. It’s the type of moment that reassures there is still humanity out there (even between regional rivals like Texas and Oklahoma). Presumably, there has been good coaching. And good parenting. A child does not suddenly become an empathetic human being midway through a Little League contest.

    “I’m super proud that he would think of someone else over himself in that type of moment,” Zay’s father, Austin Jarvis, the baseball coach at Carl Albert State College, told the Ada News

    That’s the nature of life in our digital era—a hug on a mound in Waco can travel around the world by the end of the afternoon. (It helped that the game was televised by ESPN, which covers the LLWS.) By week’s end, Jarvis had been interviewed on “Good Morning America” and been feted by Major Leaguers and other notables.  

    This has been another long, hot, acrimonious summer. Good news has been hard to find. Our national pastime continues to be Grown Adults Yelling at Each Other. Ad hominem rancor rules the day. It’s embarrassing. 

    The Little League goosebumps are a welcome counter. As Ralph Fiennes’s concierge character, M. Gustave, intones in the movie “The Grand Budapest Hotel”: “You see, there are still faint glimmers of civilization left in this barbaric slaughterhouse that was once known as humanity.”

    Youth sports aren’t immune from adult incivility. Barely a week seems to pass without a report of some fistfight or ugly incident among grown men and women at a children’s game. Adults with misplaced priorities are toxifying rituals that are supposed to be fun. 

    Leave it to the Little Leaguers to set the example. 

    I can get queasy about the expansive TV coverage of the Little League World Series, because it feels like another example of adults unnecessarily raising the stakes. Do they need the pressure? But kids like Zay and Bubs seem to be alright. 

    Pearland, Texas, is moving on to the big show in Williamsport, Pa. Bubs and his teammates will be playing for a shot at a magical title. In the crowd will be their friend Zay, flown up as Little League’s invited guest.

    It’s a well-deserved trip. 

    “That kid—he was something different,” said Bubs. 

     

  • Professor Elam

  • Professor Elam

    Weekend Aug 13 2022

    Rather than undergo US audits, these Chinese firms have left the NYSE.

    The Investment Company Acts of 19333 & 1934 require pulicly traded firms to undergo a third party audit of their financial statements.

    The SEC has warned this would happen and now it is a reality. The firms were thinly traded and will continue on other exchanges.