Allen Stanford is pissed. How on Earth can a man with those guns not be allowed to invoke his rights to counsel if you don’t let him get his mitts on some cash?
We’re not talking about a public defender here, judge. We’re talking downtown, probably wears a Stetson to the courthouse, Houston representation we’re talking about. Serious scratch.
“‘The government’s unfettered, and thus far successful, attempts to prevent Mr. Stanford from being able to mount a defence in his criminal proceedings amount to a deprivation of both his Sixth Amendment right to counsel and his Fifth Amendment privilege against self-incrimination,’ attorney Dick DeGuerin argued in in the filing.”
The judge is like, IDGAF: “Judge [David] Godbey replied to – and denied – that request last week, saying Sir Allen had ‘not shown that he has $10m dollars, or any lesser amount, in personal assets untainted by potential fraud.'”
Fine, but Stan would just like you to know that selling tickets to the gun show inside the joint doesn’t work the cons like it does the fine Texas ladies.
Stanford lashes out at federal prosecutors [FT.com]
SEC to Try and Get Less Bureaucratic, Miss Less Fraud
Deciding that it was about time they got their shit together, the SEC announced today that it is reorganizing its enforcement division. The reorganization will eliminate supervisory positions in order to reduce bureaucracy and help speed up response to potential fraud.
Before the proposed changes, the Commission had been utilizing the opposite approach.
A few details because we know you’re craving them:
The overhaul unveiled this week dissolves the division’s lowest and largest tier of supervisors, the branch managers who oversee small teams of attorneys, the people said. Some may become front-line investigators; others may be elevated to assistant directors. Assistants, who currently supervise about 18 people each, would instead oversee only six. A plan to create specialist teams, using a similar management structure, is still being refined, [sources] said.
We’ll also note that the new Enforcement Director, Robert Khuzami, said the new “specialist teams” will help detect “patterns” more easily. Khuzami also noted that this brilliant plan was being kicked around before the whole Madoff thing, thankyouverymuch.
SEC Said to Reorganize Enforcement Unit, Trim Management Ranks [Bloomberg]
Hey California, Bank of America was Just Joking About Taking the IOU’s
Last week we told you about Bank of America doing California a solid by taking the busted state’s IOU’s. Well, the banks had the holiday weekend to think about it and after some barbecue, beers, and shooting roman candles at Ken Lewis, they pretty much decided that they weren’t so cool with the idea.
“A group of the biggest U.S. banks said they would stop accepting California’s IOUs on Friday, adding pressure on the state to close its $26.3 billion annual budget gap.”
Included in “biggest U.S. Banks” just happened to be BofA.
Turns out Bank of America had their fingers crossed all along because 1) There must have been talk about Cali’s so called “good word” over the grill; and 2) Ken Lewis was completely serious about getting the interest paid back in bourbon.
Big Banks Don’t Want California’s IOUs [WSJ]
Scoping | 07.07.09
•U.S. House May Include Surtax on Wealthy in Health-Care Package – In this particular case, wealthy means greater than $200k [Bloomberg]
•Obama Adviser Says U.S. Should Mull Second Stimulus – Because you knew it was coming [Bloomberg via Clusterstock]
•NOT THE BAIR MINIMUM – She Bair might be playing in somebody else’s sandbox [New York Post]
Review Comments | 07.06.09
•New GM to Be ‘Fully Launched’ This Month, Rattner Says – “A new company containing General Motors Corp.’s top assets is expected to be ‘fully launched’ by month’s end under a new board and majority ownership of the U.S. and Canadian governments, President Barack Obama’s top auto adviser said Monday.” [WSJ]
•California Downgraded By Fitch – This could be the beginning of something bad…Moody’s, your move. [Clusterstock]
•Tribune Said to Finalize Deal to Sell Cubs – The new era of losing begins. [DealBook/NYT]
‘Hannibal’ Scrushy is Accused of Hiding Assets


Because the entire blogosphere/media is still suffering from a serious 4th of July cocktail flu, we’ll jump back on HealthSouth briefly.
Richard Scrushy, whom former CFO Aaron Beam said he would take over Hannibal Lecter (uncanny resemblance) in a fight, has been accused of HealthSouth Corp of hiding assets in order to avoid paying down some of the $2.8-odd billion that he was ordered to pay to the company after the civil proceeding.
HealthSouth says that Scrushy has $600 million in offshore accounts plus real estate in other people’s names that should be turned over. Scrushy, who we understand is held behind glass, did not comment other than that he def recommends Chianti with liver.
HealthSouth accuses Scrushy of hiding assets [AP via Miami Herald]
CFO Confession: HealthSouth Edition
It might be a fair statement that we like to talk a little trash here at Going Concern. We do our best to embrace our natural inclination. However, every once in awhile we try to spread some positive news.
Today’s attempt at a positive story comes courtesy of Aaron Beam, a former CFO at HealthSouth. Beam was CFO at HealthSouth when the fraud first began in 1996. Beam describes his decision to make the numbers up this way, “one night, during the second quarter of ’96, I said, ‘OK, let’s do it,’ and we credited revenue that did not exist and we debited assets that did not exist.”
Not exactly the most sophisticated fraud in the world but whatevs. The Street and Richard Scrushy demanded results.
And so it went, until Beam left in 1997. HealthSouth continued to commit accounting fraud until 2002 when it imploded. Beam testified against “Hannibal Lecter” Scrushy but the slimeball walked on the criminal charges only to be found liable for damages to the tidy sum of a shade under $2.9 Billion.
As for Beam, he spent 3 months in a non-FPMITA prison and now speaks to business students around the country about ethics and has a lawn-service business.
I’m trying to turn a big negative into a positive, because there is such a need for ethics in the business world today, and I’m in a unique position to talk about it. If we can teach college students that they’re going to face these kinds of temptations every day in the business world, we can make a difference.
WTG man, and hey, we’re being serious.
“I Should Have Said No.” [CFO.com]
BBC: Grant Thornton is Scheming for the Rich People
Okay, so large accounting firms don’t have the best reputations. They also have the tendency to be thick as thieves when they come under scrutiny. And the green eyeshade look has never been one that screams trustworthy.
But now, in what might be a bit of presumptuous awesomeness, the BBC is coming right out and calling Grant Thornton’s Growth Securities Ownership Plan (GSOP) a scheme. Maybe we’re jumping to conclusions but the subtitle doesn’t strike us as being subtle: “A big accountancy firm has denied that it has been peddling a tax avoidance scheme to help rich people avoid paying the new 50% income tax rate from 2010.“
Let’s break some of the key words and phrases down:
Peddling: Use of this word basically implies that narcotics are involved
Tax Avoidance Scheme: Implies a conspiracy of smart people to screw the tax authority on behalf of…
Rich People: Not the best time in history to be lumped into this particular demographic
WTG, G to the T. Not only are you trying to screw the taxing authority in Britain by virtue of the equivalent of slinging financial smack, you’ve got the audacity to do it on the behalf of rich people.
Accountants deny ‘new tax dodge’ [BBC]
Latvian Bankers Figure That Your Immortal Soul Will Work as Collateral
Latvian bankers apparently have some super-cosmic powers that have yet to be harnessed by others in the finance industry because they are taking peoples’ souls as collateral.
Call us skeptical but Latvian bankers would be the last members of the banking community to be the recipients of a Mortal Kombat-esque finishing move that would be reaped upon borrowers that turn out to be deadbeats.
If Matt Taibbi is to believed (and why wouldn’t he? He works at Rolling Stone after all), then this practice is obviously something that Goldman Sachs has already considered and Blankfein and Co. have utimately decided that bringing hellish powers to earth will just have to wait.
Would you pledge your soul as loan collateral? [Reuters via FT Alphaville]
Scoping | 07.06.09
•GM bankruptcy plan gains approval – Because anything less might get you a meeting with the President. [BBC]
•A Goldman trading scandal? – “On July 4, Aleynikov was processed on a ‘theft of trade secrets’ charge in a criminal complaint that was filed in federal court in Manhattan. As of this afternoon, he was still being held in federal custody pending posting of bail.” Someone is messing with GS? This aggression will not stand, obv. [Matthew Goldstein/Reuters]
•Stanford Funneled Millions Under Florida’s Nose – “But to pull it off, he needed unprecedented help from the state of Florida, which would have to grant him the right to move vast amounts of money offshore, without reporting a penny to regulators. He got it.” Because if any state was going to be good for a little shady dealing with a Texas billionaire of questionable means, it would be F-L-A. [DealBook/NYT]
Heelys Dumped Deloitte for that Slut, Grant Thornton
We told you earlier about wheeled shoes company Heelys dumping Deloitte. It was reported that Heelys left because fees were too high but we speculated that the Big D probably wasn’t down with Heelys request to have the entire audit team don the juvenile wheeled shoes.
Heelys has now announced they will be retaining the younger, sexier, less Big 4-ier, firm Grant Thornton as its independent accounting firm.
We find this very similar to the all-too-common situation where the old wife/husband is left behind for the newer, younger, partner who’s young, racy, and willing to experiment a little.
As you might expect, for accounting firms, letting the engagement teams wear shoes with wheels on them definitely qualifies as racy and risque and other firms only wish they had the balls to do something like that.
Heelys hires new accounting firm [WFAA.com]
Review Comments | 07.02.09
•In New York City, Fewer Murders on Rainy Days – It’s got to have something to do with those ubiquitous black $3 umbrellas. They’re like security blankets. [New York Times]
•U.S. marshals begin seizure of Madoff property in NY – Quaint penthouse, UES for those cool with living with the ghosts of charities and elderly Jews [Reuters]
•Arnie’s IOUs will pay 3.75 per cent – Ken Lewis will be making his counter-offer shortly [FT Alphaville]
