Authorities Charge Former Rothstein Law Partner With Conspiracy

Authorities have announced criminal charges against the remaining name partner in Rothstein Rosenfeldt Adler yet to be charged in connection with Scott Rothstein's $1.2 billion Ponzi scheme.  Stuart Rosenfeldt has been charged with one charge of conspiracy to commit campaign finance fraud, bank fraud, and violate a person's civil rights.  Notably, the charge does not suggest that Rosenfeldt was involved in or aware of his partner's massive Ponzi scheme; rather, Rosenfeldt is accused of making illegal campaign contributions to well-known politicians as well as using influence of police officers from the Broward Sheriff's office to coerce an escort into leaving Florida.  It appears that the charge was the result of extensive negotiations and cooperation with authorities, as Rosenfeldt is expected to turn himself in next week and plead guilty to the charge.

Rosenfeldt has maintained he had no involvement or awareness of Rothstein's Ponzi scheme, and the narrowed focus of the criminal charges seems to corroborate his position.  Indeed, in a civil deposition, Rothstein himself even pointed the finger at Rosenfeldt and Adler, the two name partners beside himself, saying, 

At various points in time, they came to know that there was a Ponzi scheme going on, although the word Ponzi was never utilized.

The remaining name partner, Russell Adler, pleaded guilty last month on similar charges that he violated federal election laws by making hundreds of thousands of dollars in campaign contributions to prominent politicians including former Florida Governor Charlie Crist and Senator John McCain.  Adler could face up to five years in federal prison when he is sentenced next month.

In addition to making illegal campaign contributions, Rosenfeldt is also accused of conspiring with Rothstein to use their influence with Broward County police officers to threaten and intimidate an escort who they suspected was on the verge of disclosing her relationship with Rosenfeldt.  According to authorities, the officers illegally detained the escort and her boyfriend, deleted evidence of the relationship from the escort's phone, and later escorted the escort and her boyfriend to an airport and ordered them to return to Pennsylvania.  

According to Chuck Malkus, who has covered the Rothstein saga closely and authored the book, The Ultimate Ponzi: The Scott Rothstein Story, the arrest marks the 24th to date since Rothstein's scheme collapsed nearly five years ago.  Malkus believes that this number may keep climbing, theorizing that next up to be charged are the bankers, hedge fund feeders and possibly even elected officials."

Rothstein Colleague Gets Five-Year Prison Sentence

A former law associate of convicted Ponzi swindler Scott Rothstein was sentenced to serve five years in federal prison for assisting Rothstein by impersonating a Florida Bar official during a call with investors.  Christina Kitterman, 39, received the sentence from U.S. District Judge Daniel T. Hurley after a six-hour sentencing hearing, and was immediately taken into custody.  A federal jury took less than two hours to convict Kitterman, who was the only defendant to stand trial of the numerous individuals that have faced charges for their ties to Rothstein.

Kitterman was indicted last summer, along with south Florida attorney Douglas Bates, on charges that she was a participant in Rothstein's scheme while employed as an attorney at his former firm, Rothstein Rosenfeldt Adler ("RRA").  There, according to authorities, Kitterman agreed to participate in a meeting with Rothstein investors posing as a Florida Bar official, telling investors that Rothstein's bank accounts had been frozen as the result of a pending bar association.  The ensuing trial drew widespread attention due to Kitterman's request to have Rothstein testify - a decision that was generally not observed to have bolstered her defense.  In his testimony, Rothstein claimed that he and Kitterman had a "friends with benefits" relationship and that Kitterman was aware of her actions in assisting him.  

After a jury convicted her of three counts of wire fraud, Judge Hurley suggested that Kitterman may have committed perjury during her trial testimony by claiming that she did not identify herself as the Florida Bar president during the phone call.  If true, Kitterman was warned that she could face a sentencing enhancement.  That prediction bore true at today's sentencing hearing, where Judge Hurley noted that his original sentencing calculation has placed Kitterman's term at 3-4 years.  However, Kitterman was given a five-year sentence after factoring in her perjury and her abuse of trust as an attorney.  Prosecutors had indicated they were seeking a sentence of up to nine years in prison.

There is no parole in the federal prison system, and inmates generally serve 80% - 85% of their sentence when accounting for credit for good behavior.  Judge Hurley allowed Kitterman to enter into a substance abuse program, which could potentially reduce her sentence by up to one year.  Kitterman also indicated that she had entered into a tentative agreement withe Florida Bar to surrender her law license on the condition that she could apply for reinstatement in five years.  That arrangement is subject to approval by the Florida Supreme Court. 

Wife Of Fugitive Accused Of $1 Billion Ponzi Scheme Arrested Trying To Board Brazil-Bound Plane

With her husband thought to be hiding in Brazil after being indicted on charges he masterminded one of the largest Ponzi/pyramid schemes in history, a Massachusetts woman was arrested by federal authorities at a New York airport just before she was supposed to board a plane to Brazil.  Federal agents arrested Katia Wanzeler moments before her plane to Brazil was due tor take off, discovering that she was carrying 70 pounds of luggage and $3,000 in cash in addition to holding a one-way ticket.  Her husband, Carlos Wanzeler, is currently thought to be a fugitive after federal authorities issued a warrant for his arrest earlier this month.  A federal judge ordered that Katia Wanzeler be taken into custody to ensure that she appeared to testify before a grand jury this week.  

Carlos Wanzeler is the co-founder of TelexFree, a once wildly-popular venture that promised participants astronomical returns by simply recruiting new investors and placing advertisements for the company's voice-over-internet-protocol ("VoIP") business.  At its peak, It is estimated that the company had more than 700,000 "promoters."  However, both state and federal regulators accused the company of fraud in mid-April following the company's decision to file for bankruptcy in Nevada.  A Nevada bankruptcy judge dealt a blow to the company's self-professed desire to shed its obligations to "promoters" and emerge from bankruptcy as a legitimate and profitable venture when he granted the Securities and Exchange Commission's request to transfer the bankruptcy to Massachusetts where the Commission's civil enforcement action is pending. 

Shortly following the transfer of the bankruptcy case, federal authorities announced the filing of criminal charges against TelexFree founders James Merrill and Carlos Wanzeler, accusing the men of conspiring to commit wire fraud.  While Merrill was arrested that same day, Wanzeler was thought to have fled to Brazil, where his dual citizenship may present extradition problems for U.S. authorities.  Indeed, Wanzeler had not been seen or heard from since mid-April.

According to the Boston Globe, it appears that Wanzeler's plan to skip town went into action in mid-April as authorities closed in.  On the same day that federal agents executed a search warrant on TelexFree's Marlborough headquarters, Wanzeler allegedly drove his daughter north through the Canadian border, where they caught a plane two days later to Sao Paulo, Brazil.  Authorities later subpoenaed Katia Wanzeler as a material witness for testimony before a grand jury that is thought to be considering additional charges against her husband and Merrill.

After authorities unveiled criminal charges against Merrill and Wanzeler on May 9, prosecutors alleged that an unidentified person in Brazil purchased Katia Wanzeler's one-way ticket to Sao Paulo. Authorities then obtained a material witness warrant and arrested Wanzeler as she prepared to board the plane.  She was discovered to be carrying $3,000 in cash and over 70 pounds of luggage.  At a hearing before U.S. Magistrate Joan Azrack, her lawyer contended that Katia Wanzeler had planned to return (despite having a one-way ticket) and that the excessive luggage was simply clothes purchased for Wanzeler's relatives.  Magistrate Azrack rejected those arguments, remarking, 

"Seventy pounds of luggage?  Four suit cases?  There is no way I'm releasing her."

Ponzitracker recently outlined the difficulties authorities would face in extraditing Carlos Wanzeler, as Brazil's constitution was amended in 1988 to prevent the extradition of Brazilian citizens to any country,  with limited exceptions.  

Court Dismisses SEC's $300 Million Ponzi Case On Timeliness Grounds

A Florida federal judge ordered the dismissal of a lawsuit brought by the Securities and Exchange Commission accusing five former real estate executives of masterminding a $300 million Ponzi scheme on the basis that regulators waited too long to file the case.  U.S. District Judge James King granted a motion to dismiss brought by executives of the now-defunct Cay Clubs, agreeing that the SEC "failed to meet its serious duty to timely bring this enforcement action."  The Commission filed the lawsuit in January 2013, alleging that Cay Clubs ultimately raised more than $300 million from nearly 1,400 investors worldwide.  

According to the Commission's lawsuit, defendants Fred Davis Clark, David Schwarz, Cristal Coleman, Barry Graham and Ricky Lynn Stokes touted the above-average returns available by purchasing units at Cay Club resort locations, including a guaranteed 15% return and a future income stream from the rental of those units.  However, rather than use investor funds as promised, the Commission accused defendants of using investor deposits to pay returns to existing investors as well as diverting more than $30 million for the payment of salaries and bonuses and even the funding of a liquor distillery.  The scheme later collapsed and ceased operations.

In his ruling, King faulted the Commission for failing to timely bring claims against defendants pursuant to 28 U.S.C. 2462 ("Section 2462").  Section 2462 requires that an action for enforcement of any civil fine or forfeiture must be brought within five years from the date the claim first accrued.  Here, because the Commission filed its action on January 30, 2013, the last act committed by each defendant had to have occurred on January 30, 2008 or later.  However, Judge King found that "rather than expeditiously, or even promptly, bringing an enforcement action against the alleged fraudsters and peddlers of unregistered securities, the SEC waited."  

Despite beginning an investigation in late 2007, and alleging in its complaint that Cay Clubs' business activities continued until at least July 2008, Judge King found that the Commission had failed to point to any evidence that any act of offering or sale of alleged securities occurred after January 30, 2008.  Indeed, at least two of the defendants testified that their relationship with Cay Cliubs ended in October 2007.  

While orders of dismissal are typically done "without prejudice," meaning that the plaintiff is given another change to file an amended complaint seeking to rectify the deficiencies, Judge King entered his order "with prejudice" that will effectively end the case.  The Commission has not yet issued any comment, although it is likely an appeal will follow.  

The Order is below:

Final Order of Dismissal

Madoff Fund Receives 50,000 Claims Seeking $40 Billion In Losses

[I]t appears that at least twice as many investors as previously thought lost money in the Madoff fraud, with losses running many billions larger than previously documented. By far the greatest number of victims report that they have not recovered anything since the fraud. For many of those individuals, the forfeiture program can be a true lifeline.

-Special Master Richard C. Breeden

The special master administering the distribution of more than $4 billion in forfeited assets by the federal government in connection with Bernard Madoff's $65 billion Ponzi scheme announced that more than 50,000 claims had been submitted asserting losses of more than $40 billion.  Richard C. Breeden, the Special Master appointed by the Department of Justice, disclosed that investors from 119 countries had submitted approximately 51,700 claims to the Madoff Victim Fund ("MVF"), which currently holds more than $4 billion in funds forfeited to the government - including $1.7 billion from JP Morgan's $2.6 billion settlement with federal authorities.

The announcement highlighted the unexpected number and diversity of claims received, noting that the 51,700 claims represented more than three times the amount of claims submitted to the court-appointed bankruptcy trustee overseeing the liquidation of Madoff's brokerage firm - and approximately 20 times larger than the number of claims ultimately approved in the bankruptcy proceeding.  While victims from the United States submitted the largest number of claims and accounted for approximately 58% of claimed losses, the majority of persons filing claims came from outside the United States.  And at least 26 countries had 100 or more victims.  

The amount of claimed losses is also significant, in that the $40 billion amount significantly dwarfs the monetary value of the claims allowed by court-appointed trustee Irving Picard in the bankruptcy proceeding.  This includes claimants from 78 jurisdictions with average losses of $500,000 or more - including 28 jurisdictions with average losses per claimant of $1 million or more.  Further, while victims hailing from the United States had the greatest cumulative amount of losses, at least 24 jurisdictions featured victims with average losses exceeding the average loss of U.S. victims.  

Given that the number of claims received by the MVF is significantly higher than the number of claims filed in Madoff's bankruptcy proceeding, the announcement raises the prospect that the amount of losses attributable to Madoff's scheme could exceed those reported by trustee Irving Picard.  According to Breeden, more than 36,000 claimants - or approximately 70% - reported not having recouped any of their losses from any source, including the court-ordered claims process in the bankruptcy proceeding.  

One of the reasons for the increased number of claims is likely attributable to the expanded definition of a "victim" used by the MVF.   Indeed, rather than apply only to those who invested directly with Madoff, the MVF allowed the submission of claims from those ‘indirect’ victims whose exposure to Madoff came through ‘feeder’ funds, investment groups, or other pooled investment vehicles.  Notably, Picard successfully sought to deny claims from such 'indirect' investors on the basis that no customer relationship existed due to the fact that the investors lacked an account with Madoff, were not present on the firm’s books and records, lacked control over their investments, and did not receive statements or distributions from Madoff.  Judging from the number of claims reviewed by the MVF, it appears that the amount of "indirect" investors impacted by Madoff's scheme may have been higher than previously thought.  

The MVF will use a “net investment method” to calculate investor losses on a “cash in, cash out” basis.  Breeden cautioned that the number of claims and cumulative losses are subject to change pending a review of each claim, and indicated that he expected a "substantial" number of claims would be denied as ineligible, duplicated, or overstated.  Ultimately, a recommendation for each claim must be made to the Department of Justice, which retains final discretion.