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Even as the Doors Were Being Busted Down, Tom Petters Was Sure Everything Would Be Fine

Posted on by Caleb Newquist

PettersSmile.jpgThe trial of Cocker Spaniel/Ponzi boy Tom Petters is moving along as more and more witnesses are giving testimony that pretty much solidifies Petters’ statement that his business was “one big fucking fraud”.
Testimony on Tuesday (there were no proceedings yesterday due to the holiday) included that of James Wehmhoff, an accountant for Petters Company Inc. (“PCI”).
Wehmhoff said that Petters and Robert White — Petters’ CFO — were taking money out of a subsidiary for personal use. In addition, he also testified that Petters was panicking about an audit and was desperate to stonewall them:

In an email Petters sent to Wehmhoff and other insiders, Petters allegedly wrote, “We need to send the auditors something every day no matter what and keep them from coming to Minnesota. We must pacify them.”

Yet when the Feds were raiding his businesses last September Petters thought everything was hunky-dory, allegedly telling one investor, ‘everything would be fine’. This despite Petters’ fear of getting clipped and, you know, having to explain just where the hell $3.5 billion went.
We’ll keep you updated until they find this guy guilty.
Accountant Testifies Petters Panicked Over Audit [KSTP]
Accountant: Petters execs misused investor cash [Minneapolis Star-Tribune]
Earlier: Ernst & Young and McGladrey & Pullen Both Have a Petters Problem

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Crowe Horwath Audit Partner Uses “The Tax Department Is on Another Floor” Defense

Auditors and audit firms have few options when it comes to defense strategy when they are sued for missing a fraud. If fraud occurs and an auditor partner claims to know everything that one should about his/her client, then the partner was probably in on it. That’s a little tricky.

However, if fraud occurs and the partner claims that he/she had no knowledge of any unscrupulous activity, then that means the audit sage is really just a two-bit glad-hander that couldn’t tell a debit from a credit.


And that appears to be the case of William Brizendine, a Crowe Horwath partner, who is claiming that he didn’t know about the relationship between executives of Peoples Bank of Northern Kentucky and Bill Erpenbeck who were engaged in scheme that artificially inflated the purchase price of model homes. Brizendine claims that he couldn’t possibly known that his client was involved with such a shifty character A) the bank’s execs didn’t tell him until after the shit hit the fan and B) this Erpenbeck character’s name only came up on the tax returns and why on Earth as an audit partner, would he look at those?

The bank’s lead attorney, Ron Parry, tried to establish that Brizendine was in a unique position to expose the fraud before it became large enough to take down the bank. Parry said auditors had to be aware of the business relationship because they also did the taxes of the company Finnan and Menne created with Erpenbeck.

[…]

Brizendine claimed he didn’t know of the relationship because he was just involved in the auditing of the bank and that JAMS tax returns were done by the tax department on another floor of the company’s offices.

Parry was able to show, however, that JAMS tax documents were sometimes sent directly to Brizendine. Brizendine claimed he never looked at those documents since his department didn’t prepare taxes.

Brizendine also admitted on the stand that he was the person who brought in the contract to do JAMS taxes.

Tom Petters Sounds Pretty Guilty on Tape

Thumbnail image for petters_plane.jpgIt’s been just under two weeks since convicted Ponzi boy/swashbuckling industrialist Tom Petters was convicted in his trial and it’s all but off the RADAR of everyone. Unfortunately, we stumbled across the following audio this morning featuring Tom Petters, his part-time lover/executive and government witness Deanna Coleman, and their fellow conspirator Bob Coleman.
It sounds like some Fargo-esque plot gone terribly wrong without the visual of William H. Macy in that ridiculous hat.
It’s pretty clear from where we stand that a jury of cocker spaniels would have found Petters guilty just based on this recording, although we don’t get the ultimate money shot of “this is one big fucking fraud”.
Plenty of interesting moments including lots of talk about lies, money, more lies, Bob White’s “goddamn good imagination” and a flurry of “fucks” right at the end from TP. You do get the feeling that no matter how hopeless TP sounds, he somehow thinks it will all work out. Hindsight!
Around the 10 minute mark is when Petters first starts losing it and around 13:51 he remembers the good old days when “we laughed about it”. This should convince the last of you “Free Tom Petters” hold-outs. Enjoy.

Because the Other Option was to Start Hocking the Stanford Financial Shwag Received for Opening a New Account

r.jpgYour latest bit of hilarity regarding the Stanford Ponzi Party is that a group of plaintiffs is suing the government of Antigua and Barbuda for $24 billion because the island was allegedly a “full financial partner in the fraud”.
Alphaville isn’t buying it, and they not so accidently, put “Fraud Victims” in quotations which we find hilarious because it almost appears that Alphaville isn’t even buying the “victims” angle as so much as they’re buying the “morons” angle.
The post goes on to inform us that “$24bn is also 24 times Antigua’s 2008 GDP“. Which moves this particular case from the “frivolous” category to the “downright idiotic” category.
Nevertheless, one might conclude that any or all of the following is what got this thing off the ground:
1. Big Al is pulling the strings from jail in order to pay for his defense because, as we learned, he’s got no legit cash.
2. Ambulance Ponzi victim chasing attorney
3. Banana farmers in Antigua that really don’t have any alternative after getting shaken down by the EU.
So duped people are pissed and they want their money back. They have finally come to the conclusion that the original $8bil has been long ago spent on Scarface-size piles of blow and endless hours spent in houses of ill repute so they’re clutching at straws.
Our advice: Just sue the SEC already.
“Fraud victims” want $24bn from the government of Antigua and Barbuda [FT Alphaville]