Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Business Crimes Hotline

By ALM Staff | Law Journal Newsletters |
February 23, 2009

CALIFORNIA

Man Sentenced for Bank Fraud Scheme

Carlos Serrano was sentenced for his role in a scheme to defraud the First International Bank of Connecticut (“FIB”) and the Export-Import Bank of the United States (“Ex-Im Bank”) of $1.3 million. Serrano is the eighth individual convicted in connection with the ongoing investigation into an $80 million Ex-Im Bank fraud; four others have been indicted. Serrano was sentenced to 18 months in a community correctional facility, five years of probation, and ordered to pay $924,569 in restitution.

CONNECTICUT

AIG Vice President Sentenced for Fraudulent Manipulation

Christian Milton was sentenced to four years in prison, two years of supervised release, and ordered to pay a $200,000 fine as a result of his conviction on charges of conspiracy, securities fraud, false statements to the SEC, and mail fraud. According to the Associated Press, Milton may be deported to England when he completes his sentence.

The former vice president of reinsurance of American International Group, Inc. (“AIG”) from 1982 to 2005, Milton was alleged to have participated in a scheme to manipulate AIG's financial statements to inflate the company's reported loss reserves by $500 million. The inflation was achieved through two fraudulent reinsurance transactions between subsidiaries of AIG and the General Reinsurance Corporation, which were alleged to have been bolstered by a sham paper trail. U.S. District Judge Christopher F. Droney found that AIG shareholders lost more than $500 million as a result of the scheme. Milton, together with four General Reinsurance executives, was convicted after trial on all 16 counts of the government's indictment.

FLORIDA

Shipping Executive to Serve a Record 48 Months for Antitrust Conspiracy

A former Sea Star Line Senior Vice President for Yield Management was sentenced to 48 months in jail and a $20,000 criminal fine for his role in a six-year conspiracy related to water-based freight transportation services between the continental United States and Puerto Rico. Peter Baci allegedly participated in an anti-competitive conspiracy that included agreements to allocate customers, rig bids, and fix prices. This is the longest jail sentence ever imposed for a single antitrust charge. Charges are still pending in Jacksonville against three other executives: R. Kevin Gill, Gregory Glova, and Gabriel Serra, all of Horizon Lines. An obstruction of justice charge is also pending against a fifth shipping executive, Alexander Chisholm, of Sea Star. All are scheduled to be sentenced on April 27, 2009.

NEW YORK

Brooklyn AttorneyConvicted of Fraud

Alexander Kaplan was convicted on 18 counts. including bank, mail, and wire fraud. for his role in a conspiracy that the government alleged defrauded lenders of millions. Kaplan was indicted with 26 other individuals, all but one of whom have pleaded guilty. The alleged scheme included two parts. First, the conspirators allegedly duped struggling homeowners into selling their homes to “straw buyers” who would assist the homeowners but promised to return their deeds. Kaplan and his co-conspirators then took out large loans on the property, defaulted, and left banks and buyers to foot the bill. Second, Kaplan allegedly participated in a scheme to take out millions of dollars in subprime mortgage loans using fake papers, costing lenders more than $4.5 million. Kaplan is scheduled to be sentenced on May 1.

WASHINGTON, DC

President of Peanut Corporation of America Takes Fifth

After being subpoenaed to testify before Congress, Stewart Parnell repeatedly refused to answer questions from members of Congress about his role in the salmonella contamination at his company's plant. According to the Washington Post, the e-mails and records obtained by Congress show that Parnell had samples positive for salmonella retested and, after a negative test, pushed to sell that product to the public. The salmonella found in these peanuts has claimed nine lives and stricken 600 people. Parnell, who served until recently on a peanut advisory board to the Agriculture Department, repeatedly responded to questions with invocation of his Fifth Amendment rights.

CALIFORNIA

Man Sentenced for Bank Fraud Scheme

Carlos Serrano was sentenced for his role in a scheme to defraud the First International Bank of Connecticut (“FIB”) and the Export-Import Bank of the United States (“Ex-Im Bank”) of $1.3 million. Serrano is the eighth individual convicted in connection with the ongoing investigation into an $80 million Ex-Im Bank fraud; four others have been indicted. Serrano was sentenced to 18 months in a community correctional facility, five years of probation, and ordered to pay $924,569 in restitution.

CONNECTICUT

AIG Vice President Sentenced for Fraudulent Manipulation

Christian Milton was sentenced to four years in prison, two years of supervised release, and ordered to pay a $200,000 fine as a result of his conviction on charges of conspiracy, securities fraud, false statements to the SEC, and mail fraud. According to the Associated Press, Milton may be deported to England when he completes his sentence.

The former vice president of reinsurance of American International Group, Inc. (“AIG”) from 1982 to 2005, Milton was alleged to have participated in a scheme to manipulate AIG's financial statements to inflate the company's reported loss reserves by $500 million. The inflation was achieved through two fraudulent reinsurance transactions between subsidiaries of AIG and the General Reinsurance Corporation, which were alleged to have been bolstered by a sham paper trail. U.S. District Judge Christopher F. Droney found that AIG shareholders lost more than $500 million as a result of the scheme. Milton, together with four General Reinsurance executives, was convicted after trial on all 16 counts of the government's indictment.

FLORIDA

Shipping Executive to Serve a Record 48 Months for Antitrust Conspiracy

A former Sea Star Line Senior Vice President for Yield Management was sentenced to 48 months in jail and a $20,000 criminal fine for his role in a six-year conspiracy related to water-based freight transportation services between the continental United States and Puerto Rico. Peter Baci allegedly participated in an anti-competitive conspiracy that included agreements to allocate customers, rig bids, and fix prices. This is the longest jail sentence ever imposed for a single antitrust charge. Charges are still pending in Jacksonville against three other executives: R. Kevin Gill, Gregory Glova, and Gabriel Serra, all of Horizon Lines. An obstruction of justice charge is also pending against a fifth shipping executive, Alexander Chisholm, of Sea Star. All are scheduled to be sentenced on April 27, 2009.

NEW YORK

Brooklyn AttorneyConvicted of Fraud

Alexander Kaplan was convicted on 18 counts. including bank, mail, and wire fraud. for his role in a conspiracy that the government alleged defrauded lenders of millions. Kaplan was indicted with 26 other individuals, all but one of whom have pleaded guilty. The alleged scheme included two parts. First, the conspirators allegedly duped struggling homeowners into selling their homes to “straw buyers” who would assist the homeowners but promised to return their deeds. Kaplan and his co-conspirators then took out large loans on the property, defaulted, and left banks and buyers to foot the bill. Second, Kaplan allegedly participated in a scheme to take out millions of dollars in subprime mortgage loans using fake papers, costing lenders more than $4.5 million. Kaplan is scheduled to be sentenced on May 1.

WASHINGTON, DC

President of Peanut Corporation of America Takes Fifth

After being subpoenaed to testify before Congress, Stewart Parnell repeatedly refused to answer questions from members of Congress about his role in the salmonella contamination at his company's plant. According to the Washington Post, the e-mails and records obtained by Congress show that Parnell had samples positive for salmonella retested and, after a negative test, pushed to sell that product to the public. The salmonella found in these peanuts has claimed nine lives and stricken 600 people. Parnell, who served until recently on a peanut advisory board to the Agriculture Department, repeatedly responded to questions with invocation of his Fifth Amendment rights.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Stranger to the Deed Rule Image

In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.