Madoff Accountant Expected To Plead Guilty

Bernard Madoff's former accountant will plead guilty to charges that he manipulated trading records and conspired to help Madoff conceal his massive Ponzi scheme.  Paul Konigsberg, 77, is expected to enter a guilty plea before U.S. District Judge Laura Taylor Swain next week, as disclosed by the government during a pre-trial hearing today.  With the guilty plea, Konigsberg will join 14 other defendants that have previously pleaded guilty to or been convicted of charges for their role in Madoff's $65 billion Ponzi scheme.  

In a five-count indictment filed by prosecutors last year, Konigsberg was indicted on two conspiracy counts and three counts of falsification of records.  The indictment accused Konigsberg of serving as the primary accountant for many of Madoff's clients in order to ensure that the fictitious returns promised by Madoff were properly reflected.  Prosecutors alleged Konigsberg orchestrated an intricate system to carry out Madoff's instructions, including the frequent back-dating of options trades to create the false appearances of consistent gains, the creation of "amended" monthly statements to provide to certain trusted clients, and even adding one of Konigsberg's relatives to the firm's payroll from 1992 until the firm's collapse in 2008.  

Konigsberg's would be the second accountant to plead guilty to his role in Madoff's fraud.  In November 2009, David Friehling pleaded guilty to nine charges, including securities fraud, investment-adviser fraud, and three counts of obstructing tax law administration.  Despite pleading guilty nearly 5 years ago, Friehling has had his sentencing date continuously postponed during his extensive cooperation with the government, including testifying against five of Madoff's employees last year.  Friehling could face over 100 years in prison when sentenced, and his cooperation is aimed at securing a reduced sentence.

A copy of the Konigsberg indictment is below:

Konigsberg, Paul S11 Indictment

Judge: No Priority Payment For Ponzi Schemer's Legal Fees

A Pennsylvania judge has denied a request to allow a convicted Ponzi schemer's lawyer to collect his legal fees from funds earmarked for victims.  Defense lawyer George Heitczman had petitioned the court to permit payment of his approximately-$20,000 in legal fees from funds forfeited from his client Richard Freer, who was recently convicted of a $10 million Ponzi scheme and sentenced to serve at least twelve years in state prison.  The move drew fire from both prosecutors and Freer's victims, as authorities had seized approximately $54,430 - meaning that victims would have recovered less than 1% of their losses while Heitczman would have recouped his entire fee for defending Freer.  

Heitczman had argued that the funds forfeited by authorities were not tied to the Ponzi scheme, but rather were Freer's personal funds that could be applied towards the approximately-$20,000 owed to Heitczman for his legal services.  After Heitczman filed his motion, prosecutors immediately signaled their opposition, noting that their intention remained to ask the court to apply the forfeited funds toward the $7.75 million in restitution owed by Freer.  Judge Sletvold may have also tipped her feelings as she issued an order seeking written responses to several questions she had relating to Heitczman's motion, including whether Heitczman's fees could be paid out of criminal proceeds or whether doing so would have any effect on Freer's ability to pay his restitution obligations.

At a hearing last week, Heitczman slightly changed his position, indicating that he was seeking only approximately $8,700 from the forfeited funds that could be traced to social security income received by Freer and his wife.  However, Judge Sletvold rejected that request, questioning how Heitczman could be entitled to priority over Freer's victims and signifying her belief that any payment towards Heitczman's legal fees would have to be commensurate with payments to victims.

Heitczman has indicated he does not plan to appeal the ruling.

Convicted $110 Million Ponzi Schemer Seeks Reduction In "Crushing" Sentence

A New Zealand man who holds the distinction of having perpetrated the country's largest financial fraud in history is back in court to argue that his 65-month "minimum non-parole period" - or time that he must serve before he is eligible for parole - was "crushing" and warranted a reduction.  David Ross, 68, was sentenced to a 10-year prison term last year after pleading guilty to operating a Ponzi scheme that took in hundreds of millions of dollars and resulted in approximately $110 million of losses to victims.  Due to the relatively lax sentencing guidelines for New Zealand fraud offenses, Ross's 10-year term was widely believed to have been the longest of its kind.

Ross was the director of Ross Asset Management ("RAM"), which he used along with numerous associated entities to solicit investors with the promise of guaranteed and lucrative returns - including annual returns of up to nearly 40%.  Investors received regular returns, and Ross was generally perceived as an astute investor.  However, in late 2012, many investors began complaining about delays in scheduled payments, and in November 2012, authorities from New Zealand's Financial Markets Authority raided RAM's offices.

After a Receiver was appointed to sort out RAM's finances, a preliminary investigation showed that while RAM reported investments of nearly $450 million to nearly 1,000 investors, only $10 million remained in RAM's accounts.  The Receiver, John Fisk, estimated that RAM took in over $300 million since 2000, keeping nearly $30 million kept as management fees while $290 million was withdrawn or paid to investors.  Fisk also concluded that the fund was insolvent since 2007 - that is, fund outflows exceeded new investor inflows, sometimes by $60 million.  When authorities raised RAM's offices in November, the scheme was on the verge of collapse.

While Ross would be eligible for parole in approximately five years, his lawyer is now arguing that the original term was "manifestly excessive."  Citing Ross's elderly age, New Zealand's Sentencing Act, and the theory that rehabilitation is a cornerstone of sentencing, Ross's lawyer has asked the court to reduce the minimum non-parole period to four years - meaning Ross would be eligible for parole in December 2017.  As Ross's lawyer put it,

"This is not a get out of jail free card, it is simply lowering the threshold of eligibility."

Predictably, this did not sit well with Ross's victims, many of whom had expressed outrage at the original 10-year sentence.  Indeed, a New Zealand prosecutor addressed Ross's elderly age argument by countering that many of Ross's victims were also elderly and faced difficulty recouping their investments.  

A written decision is expected from the Wellington High Court on Ross's request.

Remaining Rothstein Partner Pleads Guilty To Conspiracy

The remaining name partner in the once-storied law firm operated by convicted Ponzi schemer Scott Rothstein has reached a plea agreement with prosecutors.  Stuart Rosenfeldt, 59, pleaded guilty in a Miami federal court to a single conspiracy charge that he committed bank fraud, violated a prostitute's civil rights, and made illegal campaign contributions.  Rosenfeldt, a former name partner in Rothstein Rosenfeldt Adler ("RRA"), could face up to five years in federal prison when he is sentenced on September 24.  Rothstein is currently serving a 50-year prison sentence after pleading guilty to operating his $1.2 billion Ponzi scheme, while Russell Adler pleaded guilty to a conspiracy charge back in April.

Despite insinuations by Rothstein that Rosenfeldt had to have been aware of his massive scheme, prosecutors never alleged that Rosenfeldt was involved or aware of the scheme.  However, Rothstein's extensive participation with authorities implicated Rosenfeldt in other criminal acts, including (1) making hundreds of thousands of dollars of illegal campaign contributions; (2) participating in a check-kiting scheme to cushion the firm's finances when needed; and (3) the use of law enforcement officers to force a prostitute and her boyfriend to leave Florida after Rosenfeldt believed the prostitute would expose their relationship.  

At its peak, Rothstein's firm employed seventy lawyers - the vast majority of whom have not been accused of any wrongdoing in connection with Rothstein's scheme.  Indeed, many of those lawyers lost their jobs when the firm declared bankruptcy after Rothstein's scheme unraveled.  Rosenfeldt marks the fifth former RRA lawyer to be convicted, and joins over a dozen other individuals that have been convicted for their role in the scheme.  

Previous Ponzitracker coverage of the Rothstein scheme is here.

Indiana Man Receives 18-Year Sentence For $1.5 Million Ponzi Scheme

An Indiana man received an eighteen-year prison sentence for operating a Ponzi scheme that duped victims out of at least $1.5 million.  Rudolf “Rudi” Pameijer, of Johnson County, Indiana, received the sentence from Johnson County Judge Mark Floyd, who also ordered Pameijer to pay $1.8 million in restitution to his defrauded victims.  Judge Floyd suspended eight years of the sentence, meaning Pameijer will serve ten years of his sentence.  Pameijer previously pleaded guilty in February 2014 to three securities fraud charges.  

Pameijer held himself out as an expert financial advisor through his company, Plan America, LLC ("Plan America"), and also recruited investors for Rykoworks Capital Group, LLC ("Rykoworks") which was operated by Ryan Koester.  In soliciting potential investors, Pameijer not only promised above-average rates of return but also guaranteed their initial investment.  According to authorities, Pameijer also convinced some victims to surrender their existing annuities or utilize their retirement account to fund their investment.  In total, Pameijer raised more than $1.5 million from at least twenty-four investors that included family and friends.  

However, the returns promised to investors were funded not through Pameijer's trading prowess, but rather by funds from incoming investors in typical Ponzi scheme fashion.  Pameijer also diverted investor funds for his own use, including sustaining a lavish lifestyle that included luxury cars, a 30-foot boat, his son's college tuition, and his daughter's wedding and honeymoon in St. Lucia.  

The Securities and Exchange Commission initiated a civil enforcement action in September 2012 accusing Pameijer, Pameijer's daughter, and Koester of violations of federal securities laws.   Authorities also filed criminal charges against Koester, who was recently sentenced to a two-year prison term for his role in the scheme.