Monday, July 28, 2008

Sentencing Dates Reset....again!!!

National Century Sentencing Dates Reset
July 27, 2008 in Health Fraud, Securities Fraud by Dave Westheimer | No comments

Sentencing dates for five former executives of National Century Financial Enterprises, previously scheduled for July 21-23 (earlier), have been rescheduled. Donald Ayers and Randolph Speer now will be sentenced on August 6 while Roger Faulkenberry and James Dierker will be sentenced on August 7. A new date has not yet been set for Jon Beacham,who pleaded guilty in July 2007 and testified against the others at their trial earlier this year (Columbus Dispatch).

Tuesday, July 15, 2008

J.P. Morgan Chase and Citigroup engaged in, and indeed helped their clients design, complex...allowed Enron to hide the true extent of its borrowings

SEC Settles Enforcement Proceedings against J.P. Morgan Chase and Citigroup
FOR IMMEDIATE RELEASE
2003-87
J.P. Morgan Chase Agrees to Pay $135 Million to Settle SEC Allegations that It Helped Enron Commit Fraud

Citigroup Agrees to Pay $120 Million to Settle SEC Allegations that It Helped Enron and Dynegy Commit Fraud
Washington, D.C., July 28, 2003 -- The Securities and Exchange Commission today instituted and settled enforcement proceedings against two major financial institutions, J.P. Morgan Chase & Co. and Citigroup, Inc., for their roles in Enron Corp.'s manipulation of its financial statements. Each institution helped Enron mislead its investors by characterizing what were essentially loan proceeds as cash from operating activities. The proceeding against Citigroup also resolves the Commission's charges stemming from the assistance Citigroup provided Dynegy Inc. in manipulating that company's financial statements through similar conduct.

As to J.P. Morgan Chase, the Commission filed a civil injunctive action in U.S. District Court in Texas. Without admitting or denying the Commission's allegations, J.P. Morgan Chase consented to the entry of a final judgment in that action that would (i) permanently enjoin J.P. Morgan Chase from violating the antifraud provisions of the federal securities laws, and (ii) order J.P. Morgan Chase to pay $135 million as disgorgement, penalty, and interest.

As to Citigroup, the Commission instituted an administrative proceeding and issued an order making findings and imposing sanctions. Without admitting or denying the Commission's findings, Citigroup consented to the issuance of the Commission's Order whereby Citigroup (i) was ordered to cease and desist from committing or causing any violation of the antifraud provisions of the federal securities laws, and (ii) agreed to pay $120 million as disgorgement, interest, and penalty. Of that amount, $101 million pertains to Citigroup's Enron-related conduct and $19 million pertains to the Dynegy conduct.

The Commission intends to direct the money paid by J.P. Morgan Chase and Citigroup to fraud victims ($236 million to Enron fraud victims and $19 million to Dynegy fraud victims) pursuant to the Fair Fund provisions of Section 308(a) of the Sarbanes-Oxley Act of 2002.

"These two cases serve as yet another reminder that you can't turn a blind eye to the consequences of your actions — if you know or have reason to know that you are helping a company mislead its investors, you are in violation of the federal securities laws," said Stephen M. Cutler, Director of SEC's Enforcement Division. His deputy, Linda Chatman Thomsen, added: "As today's actions illustrate, we intend to continue to hold counter-parties responsible for helping companies manipulate their reported results. Financial institutions in particular should know better than to enter into structured transactions where the structure is determined solely by accounting and reporting wishes of a public company."

J.P. Morgan Chase and Citigroup engaged in, and indeed helped their clients design, complex structured finance transactions. The structural complexity of these transactions had no business purpose aside from masking the fact that, in substance, they were loans. As alleged in the charging documents, by engaging in certain structural contortions, these financial institutions helped their clients: (1) inflate reported cash flow from operating activities; (2) underreport cash flow from financing activities; and (3) underreport debt. As a result, Enron and Dynegy presented false and misleading pictures of their financial health and results of operations. Significantly, with respect to Enron, both financial institutions knew that Enron engaged in these transactions specifically to allay investor, analyst, and rating agency concerns about its cash flow from operating activities and outstanding debt. Citigroup knew that Dynegy had similar motives for its structured finance transaction.

As alleged by the Commission, these institutions knew that Enron engaged in the structured finance transactions that are the subject of today's Commission actions to match its so-called mark-to-market earnings (paper earnings based on changes in the market value of certain assets held by Enron) with cash flow from operating activities. As alleged, by matching mark-to-market earnings with cash flow from operating activities, Enron sought to convince analysts and credit rating agencies that its reported mark-to-market earnings were real, i.e., that the value of the underlying assets would ultimately be converted into cash.

The Commission further alleges that these institutions also knew that these structured finance transactions yielded another substantial benefit to Enron: they allowed Enron to hide the true extent of its borrowings from investors and rating agencies because sums borrowed in these structured finance transactions did not appear as "debt" on Enron's balance sheet. Instead they appeared as "price risk management liabilities," "minority interest," or otherwise. In addition, Enron's obligation to repay those sums was not otherwise disclosed.

Specifically as to J.P. Morgan Chase, the Commission's allegations stem from J.P. Morgan Chase's participation in so-called prepay transactions with Enron which were loans disguised as commodity trades to achieve Enron's reporting and accounting objectives. These prepays were in substance loans because their structure eliminated all commodity price risk that would normally exist in commodity trades. This was accomplished through a series of trades whereby Enron passed the commodity price risk to a J.P. Morgan Chase-sponsored special purpose vehicle, which passed the risk to J.P. Morgan Chase, which, in turn, passed the risk back to Enron. While each step of this structure appeared to be a commodity trade, with all elements of the structure taken together, Enron received cash upfront and agreed to future repayment of that cash with negotiated interest. The interest amount was set at the time of the contract, was calculated with reference to LIBOR, and was independent of any changes in the price of the underlying commodity. The only risk in the transactions was J.P. Morgan Chase's risk that Enron would not make its payments when due, i.e., credit risk.

The Commission's action with respect to Citigroup also stems from certain prepay transactions with Enron that, while structured somewhat differently than the Chase transactions, had the same overall purpose and effect. Like the J.P. Morgan Chase prepays, the Citigroup prepays passed the commodity price risk from Enron to a Citigroup-sponsored special purpose vehicle to Citigroup and back to Enron. As in the J.P. Morgan Chase prepays, Enron's future obligations under the Citigroup prepays consisted of repayments of principal and interest that were independent of any changes in the price of the underlying commodity.

Additionally, the Commission's action against Citigroup is based on two other transactions with Enron, Project Nahanni and Project Bacchus, each of which was also a structure that transformed cash from financing into cash from operations. As the Commission found, in project Nahanni, Citigroup knowingly helped Enron structure a transaction, that allowed Enron to generate cash from operating activities by selling Treasury bills bought with the proceeds of a loan. Project Bacchus was structured by Enron as a sale of an interest in certain of its pulp and paper businesses to a special purpose entity capitalized by Citigroup with a $194 million loan and $6 million in equity. According to the Commission, however, in substance, Project Bacchus was a $200 million financing from Citigroup, because Citigroup was not at risk for its equity investment in the project.

The Citigroup action also contains findings relating to a transaction with Dynegy — Project Alpha — which was a complex financing that Dynegy used to borrow $300 million. According to the Commission's findings, Citigroup knew that Dynegy implemented Alpha to address the mismatch between its mark-to-market earnings and operating cash flow, and that it characterized as cash from operations what was essentially a loan transaction. As Citigroup knew, Dynegy, too, was concerned that the mismatch between earnings and cash flow from operations would raise questions about the quality of Dynegy's earnings and its ability to sustain those earnings.

In determining to settle its action against Citigroup, the Commission took into account Citigroup's cooperation with the Commission's investigation, as well as its timely efforts to resolve the matter.

The Commission brought its Enron-related actions in coordination with the New York County District Attorney's Office, which, also today, entered into settlement agreements with J.P. Morgan Chase and Citigroup.

The Commission also acknowledges the assistance of the Federal Reserve Bank of New York, the Office of the Comptroller of the Currency, and the New York State Banking Department in connection with today's Enron-related actions. Today, the Federal Reserve Bank of New York and the Office of the Comptroller of the Currency entered into separate written agreements with Citigroup. The Federal Reserve Bank of New York and the New York State Banking Department entered into a written agreement with J.P. Morgan Chase. These agreements, between the institutions and their primary banking regulators, obligate them to enhance their risk management programs and internal controls so as to reduce the risk of similar misconduct.

With these two actions, the Securities and Exchange Commission has raised to six the total number of separate actions it has brought in connection with the Enron matter in the twenty months since Enron declared bankruptcy. The various defendants and respondents include three major financial institutions, Enron's former Chief Financial Officer, and eight other former senior Enron executives. The commission has so far garnered $324 million for the benefit of the victims of the Enron fraud.

The Commission's investigations relating to Enron and Dynegy are continuing.

For further information contact:

Linda Chatman Thomsen, Deputy Director, Division of Enforcement — (202) 942-4501
Harold F. Degenhardt, District Administrator, Fort Worth District Office — (817) 978-6469
Charles J. Clark, Assistant Director, Division of Enforcement — (202) 942-4731
Additional Materials Available at www.sec.gov

Securities Exchange Commission....blame JP Morgan Chase.

Fraud trial delayed for National Century founder
Monday, July 14, 2008 3:29 PM
By Jodi Andes

THE COLUMBUS DISPATCH

File
Lance K. PoulsenNational Century Financial Enterprises founder Lance K. Poulsen has won a two-month delay for his trial on fraud charges.

Poulsen had been scheduled to go to trial Aug. 4 in U.S. District Court in Columbus on charges that stem from the company’s collapse in November 2002. Investors lost nearly $2 billion in what prosecutors say is the nation’s largest private-sector fraud case.

Today, federal Judge Algenon L. Marbley agreed to delay the trial until Oct. 1 so Poulsen’s attorneys can review federal documents they recently received.

Defense attorneys requested documents used as part of a March ruling by the Securities Exchange Commission that placed partial blame for the company’s collapse on JP Morgan Chase.

Chase Bank and Bank One, which later merged into JP Morgan Chase, served as trustee banks for National Century’s programs.


Marbley gave Poulsen the Oct. 1 trial date of National Century executive James K. Happ. His trial, also on fraud charges, is now scheduled to start on Dec. 1.

National Century was a Dublin-based company that, for a fee, collected accounts receivable for health-care providers. National Century used investors’ money to give cash to health-care providers so they could pay their bills.

When National Century collapsed, more than 275 health-care providers went bankrupt.

jandes@dispatch.com

Since Poulsen's trial is now set to begin Oct. 1, it pushes the trial of James K. Happ, another former National Century executive, to Dec. 1.

Now why is this delay for Happ occurring? After the NOVEMBER election of course. Does any reporter really know where Happ is form or what his job at NCFE really was? If so, no one has yet to connect the dot!
Who does Happ really know? (Hint: Bush Connection)


The former CEO of National Century Financial Enterprises Inc. has successfully put off his trial on fraud-related charges by two months.

A federal judge ruled Friday that Lance Poulsen, the leader of the Dublin-based health-care financing company before it collapsed in 2002, will begin facing charges of securities fraud and conspiracy on Oct. 1 instead of Aug. 4. U.S. District Court Judge Algenon Marbley granted Poulsen's July 7 continuance request after Poulsen's attorneys argued they needed more time to review 40 boxes of documents the government is scheduled to make available between now and August.

"A two-month continuance will ensure that Poulsen has the time to obtain and review the documents that he plausibly claims are central to his theories of defense," Marbley wrote in his July 11 order.

Since Poulsen's trial is now set to begin Oct. 1, it pushes the trial of James K. Happ, another former National Century executive, to Dec. 1. Poulsen and Happ have both pleaded not guilty.

Poulsen, 65, co-founded National Century in 1991, building it into a major health-care financing company. It specialized in buying receivables from medical providers at a discount, which gave the health-care businesses the quick cash they needed. The receivables were then packaged as asset-backed bonds and sold to investors.

But National Century fell into Chapter 11 bankruptcy six years ago. The Justice Department alleged Poulsen and other executives ran a sophisticated Ponzi scheme that bilked investors out of nearly $2 billion. Poulsen pleaded not guilty to charges of conspiracy, securities fraud, wire fraud, money laundering conspiracy and concealment of money laundering.

Five other former National Century executives were found guilty in March of running a multiyear securities fraud at National Century. Poulsen was scheduled to go on trial with them, but his day in court on those charges was delayed because the government also accused him of trying to tamper with a witness.

Shortly after the March convictions of the five executives, Poulsen stood trial on the witness tampering charges. A jury found him and an associate, Karl Demmler, guilty of trying to bribe a government witness who is planning to testify against Poulsen in his securities fraud trial.

Saturday, July 12, 2008

'Nation’s largest case of private-sector fraud'......

Then why isn't anyone paying attention?


National Century defendants to be sentenced in July
Monday, June 30, 2008 9:03 AM
By Jodi Andes

THE COLUMBUS DISPATCH
Five National Century defendants will soon find out the price they will pay for their roles in the nation’s largest case of private-sector fraud.

Federal Judge Algenon L. Marbley has set sentencing dates for four defendants convicted in March and a fifth who previously pleaded guilty.

All were convicted in connection with crimes that led to the collapse of National Century Financial Enterprises.

The Dublin-based company – which bought accounts receivable from health-care providers, collected those debts and kept a percentage in return – went into bankruptcy with investors losing $1.9 billion.

The sentencing dates in U.S. District Court in Columbus are:

Donald H. Ayers, 72, 9 a.m. July 21.

Randolph H. Speer, 57, 1:30 p.m. July 21.

Roger S. Faulkenberry, 47, 9 a.m. July 22.

James E. Dierker Jr., 40, 1:30 p.m. July 22.

Jon A. Beacham, 41, 9 a.m. July 23.

Rebecca S. Parrett, 59, who disappeared while awaiting sentencing, remains on the lam.

Lance K. Poulsen, 65, National Century’s former president, is set for trial on Aug. 4.

Chairman: James K. (Jim) Happ ....The last man standing, hmmm.....

Why is James Happ the last man standing on trial ?
OCTOBER 2008

Tender Loving Care Health Care Services, Inc. Company Profile


A little TLC goes a long way. Tender Loving Care Health Care Services provides home health care services and staff from nearly 70 offices in about 20 states. The company offers disease management, cardiac care, pulmonary and wound management, infusion therapy, respiratory therapy, hospice support, and patient and family counseling. Tender Loving Care Health Care Services also provides continuing education programs (disease management and specialized patient care) for nurses through its Tender Loving Care Staff Builders program. Crescent Capital Investments bought the company out of bankruptcy in 2005.


Contact Information
Address: 1983 Marcus Ave.
Lake Success, NY 11042
Phone: 516-358-1000
Fax: 516-358-2465


Financial Highlights
Fiscal Year End: February
Revenue (2007): 112.60 M
Employees (2007): 4,600


Key People
Chairman: James K. (Jim) Happ
• President and CEO: Wesley (Wes) Perry
• SVP and CFO: Willard Derr


Industry Information
Sector: Healthcare
Industry: Home Health Care


Top Competitors
• Apria Healthcare Group Inc. (ahg)
• Coram, Inc.
• Gentiva Health Services, Inc. (gtiv)



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