Financial and Investment Fraud

August 28, 2015

EDF Resource Capital Inc. and its CEO, Frank Dinsmore, agreed to resolve allegations they violated the False Claims Act and otherwise failed to remit payments owed to the Small Business Administration under the 504 loan program.  Under the settlement agreement, EDF and Dinsmore agreed to make payments and turn over certain assets to the US for a total settlement of approximately $6 million.  DOJ

July 16, 2015

Neil Godfrey, owner and operator of payment processing company Check Site Inc., pleaded guilty to fraud in connection with the unauthorized withdrawal of millions of dollars from consumers’ bank accounts.  Specifically, Godfrey admitted he used Check Site Inc. to assist at least two merchants that operated websites purportedly offering payday loans but that instead simply stole money from the consumers’ bank accounts.  DOJ

June 1, 2015

Memphis-based First Tennessee Bank agreed to pay $212.5 million to resolve allegations it — through its subsidiary First Horizon Home Loans Corporation — violated the False Claims Act by originating and underwriting mortgage loans insured by the Department of Housing and Urban Development’s (HUD) Federal Housing Administration (FHA) that did not meet applicable requirements.  Whistleblower Insider

May 20, 2015

Citicorp, JPMorgan Chase & Co., Barclays PLC and The Royal Bank of Scotland plc agreed to plead guilty to conspiring to manipulate the price of US dollars and euros exchanged in the foreign currency exchange (FX) spot market and the banks have agreed to pay criminal fines totaling more than $2.5 billion.  A fifth bank, UBS AG, agreed to plead guilty to manipulating the London Interbank Offered Rate (LIBOR) and other benchmark interest rates and pay a $203 million criminal penalty.  DOJ

March 25, 2015

Schlumberger Oilfield Holdings Ltd., a wholly-owned subsidiary of Schlumberger Ltd., agreed to enter a guilty plea and pay a $232,708,356 penalty for violating the International Emergency Economic Powers Act by willfully facilitating illegal transactions and engaging in trade with Iran and Sudan.  Whistleblower Insider

March 12, 2015

Miami-based lender Hencorp Becstone Capital L.C. agreed to pay $3.8 million to resolve allegations under the False Claims Act that it made false statements and claims to the Export-Import Bank of the United States in order to obtain loan guarantees.  According to the government, Ricardo Maza, a Peruvian-based former Hencorp business agent, created false documentation to obtain Ex-Im Bank guarantees on fictitious transactions on which no products were sold or exported, and that Maza then diverted the proceeds of the loans to himself and to his friends and business associates in Peru.  The allegations arose in a whistleblower lawsuit filed by Genaro Benites Caballero, the former owner of one of the purported purchasers, and Patricia Doris Lee Dominguez, a former attorney for the purported purchaser, under the qui tam provisions of the False Claims Act.  They will receive a whistleblower award of $608,000.  DOJ

February 3, 2015

Ratings Agency giant Standard & Poor’s Financial Services (S&P), along with its parent corporation McGraw Hill Financial Inc., agreed to pay $1.375B to settle charges it schemed to defraud investors in structured financial products known as Residential Mortgage-Backed Securities (RMBS) and Collateralized Debt Obligations (CDOs). According to the government, S&P falsely represented that its ratings of RMBS and CDOs were objective, independent and uninfluenced by S&P’s business relationships with the investment banks that issued the securities. Instead, S&P issued inflated ratings that misrepresented the securities’ true credit risks causing RMBS and CDO investors to incur substantial losses. Whistleblower Insider

January 22, 2016

Virginia has recovered more than $63 million collectively from eleven banks to settle allegations that the banks misled the Commonwealth of Virginia and the Virginia Retirement System through the sale of allegedly misrepresented residential mortgage-backed securities. This is the largest non-healthcare-related recovery ever obtained in a suit alleging violations of the Virginia Fraud Against Taxpayers Act. The eleven banks included in the settlement are Countrywide Securities Corporation, Merrill Lynch, Pierce, Fenner & Smith, Inc., RBS Securities Inc., Barclays Capital Inc., Morgan Stanley & Co. LLC, Deutsche Bank Securities Inc., Citigroup Global Markets Inc., Goldman, Sachs & Co., HSBC Securities (USA) Inc., Credit Suisse Securities (USA) LLC, and UBS Securities LLC. VA

August 14, 2014

Azzeddine El Amine of Costa Rica pleaded guilty to money laundering and operating an unlicensed money transmitting business in connection with his role in running Liberty Reserve, a company that operated one of the world’s most widely used digital currency services. Liberty Reserve was created to help users conduct illegal transactions anonymously and launder the proceeds of their crimes, and it emerged as one of the principal money transfer agents used by cybercriminals around the world to distribute, store, and launder the proceeds of their illegal activity. El Amine served as a principal deputy to Liberty Reserve founder Arthur Budovsky. Before being shut down by the government in May 2013, Liberty Reserve had more than one million users worldwide, including more than 200,000 users in the United States, who conducted approximately 55 million transactions through its system and laundered more than $6 billion in suspected proceeds of crimes, including credit card fraud, identity theft, investment fraud, computer hacking, child pornography and narcotics trafficking. DOJ

July 24, 2014

An $80M False Claims Act judgment was entered against BNP Paribas for submitting false claims for payment guarantees issued by the U.S. Department of Agriculture. The judgment resolves government charges that from 1998 to 2005 the French bank participated in a scheme to defraud the USDA’s Supplier Credit Guarantee Program under which American agricultural companies are encouraged to sell their products abroad. DOJ