Showing posts with label Stanford bank. Show all posts
Showing posts with label Stanford bank. Show all posts

Tuesday, 18 February 2014

Letter from COVISAL Regarding Clawbacks from Grant Thornton

February 17, 2014

Stanford’s victims feel defrauded again by the Joint Liquidators Marcus Wide & Hugh Dickson of Grant Thornton.

 Innocent Stanford victims are in a panic - many suffering emotional distress.

 Today marks the five year anniversary of the Stanford debacle and the Joint Liquidators Marcus Wide and Hugh Dickson, of Grant Thornton, decided to give Stanford’s defrauded depositors an anniversary present - a letter asking for the return of money that they withdrew during the six months prior to the collapse of the Stanford International Bank Limited (“SIBL”).

 The Letter from Marcus Wide and Hugh Dickson of Grant Thornton reads as follows:

 I write further to my previous notification to you regarding your claim, which was allowed in the amount of (x dollars) under the above Primary Express Account. 

 A significant amount of funds was withdrawn in the six-month period preceding SIB ceasing to trade of 23 February 2009. We consider that these payments were unfairly prejudicial to the other creditors of the Company under sections 204 of the Antigua and Barbuda International Business Corporations Act and thus preferential (the Preference Payments). In order to re-balance the creditors’ position, we are initiating a claw back process through the Courts against creditors who have received Preference Payments. 

 According to the Company records, you have received Preference Payments of US$ x which we require be repaid to the Estate. Please see the attached breakdown showing how your Preference Payment was calculated. 

 On repayment of the Preference Payment, your claim will be increased by the amount repaid resulting in a revised claim of US$ x, which will be used to calculate distributions as they are paid from time to time. 

Failure to repay the Preference Payment will result in the estate withholding dividends until sufficient funds are held back to offset the full amount of the Preference Payment you received; at point, you will be eligible to receive future dividends. Failure to repay may also result in the estate seeking judgment against you and to collect the Preference amount. 

 The Court has approved this decision to adjust your entitlement to any distribution in the future. You do however have the right to challenge this decision. If you with to challenge this decision, the Court has directed that in the first instance, you must apply directly to the Joint Liquidators at Stanford.enquiries@uk.gt.com or the address above within 120 days of the date of this correspondence. All future communication regarding this claim should include the Primary Express Account Number. This will serve as your claim number. 

Yours sincerely 

For and on behalf of the Stanford International Bank Limited (in Liquidation) 

Marcus Wide and Hugh Dickson 

 Joint Liquidators

The letter sent by the Joint Liquidators to investors challenging the above decision: 

 “Dear Sir/Madam, 

 Thank you for your email. 

 Your objection has been received and added to our system. You are not required to do anything more at this point. 

 All objections raised are being collated by the Joint Liquidators. Once the 120-day period expires, the objecting parties will be contacted and advised of the next steps. 

 Please note that the Joint Liquidators reserve the right to pursue the investor if they do not repay the preference payments. 

 If you have any further questions please do not hesitate to contact us. 

Yours faithfully 
 For and on behalf of 
 Marcus Wide and Hugh Dickson”

 Victims’ reactions: 

Many Stanford’s victims have contacted COViSAL to express their anger and disbelief. They are in shock after receiving this sinister claw back letter from the Joint Liquidators. Innocent families have been waiting for any meaningful distribution of their stolen savings; the majority of them have been enduring five years of hardship, unable to pay for living expenses or medical treatments. Mr. Wide and Mr. Dickson's shotgun approach to claw back investors who withdrew money from their principal invested at SIBL is cruel and horrific. The Joint Liquidators did not consider the consequences to the well being of many victims in poor health and emotional fragility before sending this blunt and damaging letter.

 “I am doing my best to contain the actual kind of foul language that I truly wish to use after reading this embarrassing letter sent by your company. I could not sleep when I read it last night at 2:00 a.m. in the morning wondering HOW, JUST HOW can I explain this NONSENSE to my parents when I translate the letter for them? It is an absolute disgrace and you, your company, and/or whichever court might have come up with this ruling should be ashamed before God, family, and life itself,” one victim wrote to Mr. Wide and Mr. Dickson, objecting to the letter.

 “The letter that I just received from Grant Thornton is affecting me emotionally… I never received the amount of my allowed claim; I wrote to them many times and I am still waiting for an answer,” another victim said.

 “What I understand from the letter is that according to them, I received ‘preferential payments’ that were prejudicial to other investors!!! So, what was I?... That I have to return an amount of money so they would consider returning something that was already mine?…”, a victim commented.

 “This act is an aberration, and a total injustice. Now the Joint Liquidators have found a way to keep getting a paycheck for themselves and their comrades for a long time. They are keeping the money they were supposed to distribute to victims; they found an easy target - the innocent families that knew nothing of this fraud.”

 “The Joint Liquidators should go after the net winners who took all of their money out, such as the Antiguan government that confiscated properties and received millions of dollars in loans from our savings." “The Joint Liquidators have not recovered any assets and are desperate to maintain most of the money assigned by the Department of Justice from the repatriation of funds from England."

 The facts: 

 The innocent families, who had their life savings deposited at SIBL in Antigua, did not know and had no previous knowledge of the bank’s problems. It is a fact that the majority of the depositors only became aware that SIBL was in trouble when the SEC intervened the Stanford Financial Group on February 17, 2009.

 In reference to the withdrawals made by the majority of depositors during the six months prior to the closing of SIBL’s operations, they were not “Preferential Payments,” they were Legitimate Withdrawals of part of their principal by the rightful owners of the money, which they deposited and withdrew at the bank during the ordinary course of business of SIBL. These withdrawals were made rightfully and in good faith. Families withdrew part of their invested principal to pay for living expenses, medical treatments, to help a relative in financial need, for a down payment to buy a home or to buy a car, to pay for a vacation, or to start a business.

 These families lost all of their life savings in Stanford’s fraud; many sold their homes and other assets they had left to be able to survive. The majority of investors in the SIBL were common people, families that worked very hard for 30-40 years to save money for their retirement, for a college fund for their children or grandchildren, and to have savings available for a medical emergency, among other things.

During the past five years, victims of the fraud have been living in dire straits; many died because they could not bear the news of losing their savings or because they could not pay for a life saving operation. The Stanford fiasco destroyed their lives. Recently, the Joint Liquidators announced a 1% distribution of the victims' approved net remaining principal after the interests and withdrawals were deducted. Families saw a light of hope with the announcement. However, Mr. Wide & Mr. Dickson decided to drop a bombshell at the last minute by sending these cold and calculated letters to innocent depositors, asking them to return their own money to the Estate.

 Show me the money! 

 Mr. Wide, Mr. Dickson and their colleagues have received millions of dollars from our stolen savings in fees and expenses, and so far they have not recovered any significant assets. Now, they want to exclude honest victims from a rightful distribution, including the money that was confiscated in England, and that according to the U.S. Department of Justice was to be distributed to the innocent families.

Why don't they go after the “Net Winners” and the insiders who took all of their money out; such as financial advisors and directors, major clients, large institutions, wealthy individuals and the government of Antigua that confiscated Stanford’s properties and owes Stanford’s Estate millions of dollars in loans that were taken from our savings?

It seems that the money available from our stolen savings is simply petty cash for the attorneys and professionals managing the Liquidation of SIBL. They are getting rich quick, while the victims are unable to pay for their living expenses and medical bills, many continuing to live in poverty.

 Where are the morals and the good conscience of the people responsible for the Stanford case? 

COViSAL’s requests


  • We ask the Joint Liquidators to stop the claw backs on innocent families, victims of this horrendous fraud who are “Net Losers.” You signed a joint agreement with the U.S. Receiver, and other parties, to go after the "Net Winners.” 
  • We ask that all innocent victims be included in the upcoming 1% distribution that you recently announced, and any other future distribution, without being held prisoner through a 120-day holding period with an unclear and uncertain outcome. 
  • We ask the U.S. Department of Justice, the U.S. Receiver, the U.S. Securities and Exchange Commission, the Stanford Examiner, and the Official Stanford Investors Committee, who jointly signed an agreement with the Joint Liquidators, to voice their opinion on the matter and demand that the Joint Liquidators stop these cruel actions that are hurting innocent families. 
  • We ask the Courts in Antigua not to allow the Joint Liquidators, who were named to prevent the waste and squandering of the creditors' patrimony, to continue consuming what’s left of our stolen savings, and now, go after innocent investors. 


The actions in pursuing claw backs against innocent investors are supported by neither logic nor law. The Estate stands to expend a substantial amount of resources with little prospect for a meaningful recovery - money that could be use to help victims in need.

 Why prolong the suffering of innocent victims who do not have any means to defend themselves before the Courts of Antigua?

 What honest and transparent legal entity is providing oversight of the liquidation process?

 Where are the checks and balances?

 COViSAL hopes that the authorities responsible for the Stanford Case and the courts in Antigua make their principles coincide with their actions and show the world, with actions, its commitment to honesty, equality and justice.

 May God bless the hearts of the thousands of innocent families - victims of a fraud that still continues!

 To join the debate click here. 

 For a full and open debate on the Stanford Receivership visit the Stanford International Victims Group – SIVG official forum http://sivg.org.ag/


Tuesday, 11 February 2014

Preference Payments Frequently Asked Questions

Below is a list of frequently asked questions regarding Grant Thornton's approach to preference payments.


1. What is a Preference payment?
2. How is this relevant in the Stanford International Bank matter?
3. Why have I received a Preference letter?
4. What shall I do if I have received a Preference letter?
5. Why has my claim increased?
6. What happens once I repay the Preference payment to the Estate?
7. What happens if I do not repay the Preference payment to the Estate?
8. What do I do if I disagree with this approach?


To find the answer to these questions and more click here:


For a full and open debate on the Stanford Receivership visit the Stanford International Victims Group – SIVG official forum http://sivg.org.ag/


Tuesday, 5 November 2013

Stanford Financial Claims 6th Distribution November 4th 2013

Receiver files 6th Schedule of Payments to be Made Pursuant to the Interim Distribution Plan - On November 4, 2013, the Receiver filed his 6th Schedule of distribution payments with the United States District Court for the Northern District of Texas, Dallas Division. The 6th Schedule will be followed by others, each of which will be submitted by the Receiver on a rolling basis as additional responses to Certification Notices are received and processed.

 To view a copy of the 6th Schedule, please click here: 

 http://sivg.org.ag/topic230.html 
 
 For a full and open debate on the Stanford Receivership visit the Stanford International Victims Group - SIVG official forum http://sivg.org.ag/




Wednesday, 2 October 2013

This just in from Baker Botts, hope it helps

The answer to your question concerning payments to trust beneficiaries is addressed on the Frequently Asked Questions page of the Stanford Financial Receivership Claims Website -- under FAQs relating to Trusts, Deceased Accountholders, and Related Beneficiaries -- which states specifically:

 1. How will the Receiver handle payments to beneficiaries of trusts, including trusts formerly administered by Stanford Trust Company, Ltd. in Antigua? Pursuant to the Notices of Determination issued by the Receiver, any payments regarding trusts' accounts will be made to the trusts themselves as payees. However, should the Receiver receive a request to change the payee from a trust to the trust beneficiaries, the Receiver will first need to verify the identities and ownership capacities of all beneficiaries of the trust, which may involve requests for additional information from those individuals, before making the requested change. Please note that any request to change the payee from a trust to its beneficiaries must include the express approval of all such beneficiaries.

The link to the FAQ section of the website is as follows:

 http://www.stanfordfinancialclaims.com/Home/FAQ#52

 Requests to have checks reissued, along with supporting documentation, can be submitted to the Receivership within 180 days of the date the check was issued in writing by email at info@stanfordfinancialclaims.com and by mail at Stanford Financial Claims, c/o Gilardi & Co., LLC, P.O. Box 990, Corte Madera, CA 94976-0990.

 As we also state in the FAQs, people should not include requests for changes to payee names on the certification forms they return, and such requests will not be honored. Most claimants who had similar issues properly raised them as part of the notice of determination objection process, as the payee names are stated in the notices of determination. The only other way to make such a request after the check has issued is in writing per the instructions above. Claimants certainly can contact Gilardi by phone but the actual request for the payee name change and check reissuance must be in writing and signed by all beneficiaries of the trust.

 I have inquired with Gilardi regarding the answering of phone calls, and they have indicated they are continuing to receive and handle phone calls on a regular basis.

 As to claims that were listed for payment on the second distribution schedule, the checks were actually mailed on September 26, 2013. Thus, it is likely that many, have not yet arrived at their destinations. Regards,

 Read Responses Here: http://sivg.org.ag/topic196.html 

 For a full and open debate on the Stanford Receivership visit the Stanford International Victims Group - SIVG official forum http://sivg.org.ag/


Monday, 11 April 2011

What Did SEC Learn After Failing to Take Down Stanford Earlier? Um, It Did the Best It Could?


We mentioned this morning that Securities and Exchange Commission Chairman Mary Schapiro was in town speaking to business journalists gathered on the SMU campus. Turns out, during her speech she mentioned something that rings a bell: The failure of the Fort Worth office to shut down Allen Stanford's Ponzi scheme years before the feds finally took action. As you may recall, investors swindled by Pete Sessions's pal filed suit against the SEC only weeks ago in Dallas federal court. We'll get back to that in a second.

Anyway. Said Schapiro, who took the gig in late 2008: What we had here was a failure to communicate. Or, more specifically, the proverbial ball was dropped because of "escalating issues. It was about training our people. It's about how do you focus on what's important and what presents risks to investors, rather than what gets us numbers in the column of examinations done."

Now, back to that suit. With a tip of the cap to Bloomberg News, you'll find on the other side the SEC's motion to dismiss the litigation brought by those who blame the feds -- and, very specifically, Dallas attorney Spencer Barasch, a former SEC enforcement chief in Fort Worth who did some work for Stanford -- for allowing their money to go adios. It was filed yesterday at the Earle Cabell, and long story short, the SEC says, tough, that's the way investigations go:

Federal securities laws give the SEC broad discretion in deciding whether to investigate possible violations and, when wrongdoing is suspected, take enforcement action. This discretion is subject to important policy considerations, including how to best use limited agency resources to enforce the nation's securities laws. The discretionary function exception therefore bars Plaintiffs' claims.

DartezvUSA_MotiontoDismiss

DartezvUSA_MotiontoDismiss

Saturday, 9 April 2011

Allen Stanford Investor Suit Should Be Dismissed, SEC Says

The U.S. asked a federal judge to throw out claims that the Securities and Exchange Commission should be held accountable for failing to stop an alleged Ponzi scheme by R. Allen Stanford earlier than it did.

SEC officials have legal protection for policy decisions, such as whether to take enforcement action when they suspect wrongdoing, the government said in papers filed yesterday in federal court in Dallas.

“Plaintiffs are challenging a policy choice -- something they may not do by way of a tort suit for damages,” the government said in the filing. “Congress did not intend to provide for judicial review of the quality of investigative efforts.”

Eight investors in the indicted financier’s Antigua-based Stanford International Bank Ltd. sued regulators last month for their losses, which amounted to about $18.7 million. They said “negligence and misconduct” by officials in the SEC’s Fort Worth, Texas, office let Stanford’s activities continue unchecked for years after alarms were raised by agency investigators.

Edward Gonzalez, the investors’ attorney, said federal law doesn’t shield the U.S. from liability for damages caused by government misconduct.

Immunity Limits
“The complaint in this case clearly alleges such misconduct,” Gonzalez said in an e-mail. “The suggestion that a blanket of immunity covers all enforcement-related acts by SEC personnel is incorrect.”

The SEC seized Stanford’s businesses in February 2009 on suspicion he was paying above-market rates to early buyers of certificates of deposit by taking funds from later depositors. Stanford, who denies all wrongdoing, was indicted in June 2009 on charges he defrauded investors of more than $7 billion.

The SEC’s inspector general, in a report issued last year, faulted the agency’s Fort Worth office and some of its employees for failing to take action against Stanford sooner.

The Fort Worth staff conducted four reviews of Houston- based Stanford Financial Group Co. starting in 1997 and determined after each one that Stanford’s purported CD returns were highly unlikely, SEC Inspector General H. David Kotz said in the report. In spite of those determinations, the SEC didn’t conduct a meaningful probe of Stanford’s operation until 2005, he said.

The investor case is Robert Juan Dartez LLC v. U.S., 3:11- cv-0602, U.S. District Court, Northern District of Texas (Dallas). The criminal case is U.S. v. Stanford, 09-cr-342, U.S. District Court, Southern District of Texas (Houston). The SEC case is Securities and Exchange Commission v. Stanford International Bank, 09cv298, U.S. District Court, Northern District of Texas (Dallas).

Tuesday, 22 February 2011

Allen Stanford Receiver to Argue for SocGen Subpoena Feb. 28

Lawyers for R. Allen Stanford’s U.S. court-appointed receiver are scheduled to appear with those for a Societe Generale unit before a federal judge to resolve a dispute over subpoenaed records.

U.S. District Judge David Godbey in Dallas set a hearing for Feb. 28 to address the disagreement between the Lausanne, Switzerland-based unit of the Paris-based bank and the receivership overseeing the indicted financier’s businesses.

Citing Swiss banking secrecy laws, Societe Generale Private Banking (Suisse) SA has objected to receiver Ralph Janvey’s Dec. 13 subpoena demanding that the bank turn over all of its records after Jan. 1, 2000, for accounts held by Stanford personally or by his businesses.

“Production of the requested documents would force SG Suisse and its officers and employees to violate Swiss substantive law,” including laws prohibiting the release of the type of records Janvey seeks, the bank said in a Feb. 7 court filing.

Stanford, 60, is civilly and criminally accused by the U.S. of leading a $7 billion investment-fraud scheme through the sale of certificates of deposit by his Antigua-based Stanford International Bank Ltd. He has denied any wrongdoing.

The U.S. Securities and Exchange Commission filed its enforcement proceeding against the Texas financier two years ago Feb. 18. The receivership is recovering money to repay Stanford’s investors and creditors.

The SEC case is Securities and Exchange Commission v. Stanford International Bank Ltd., 09-cv-00298, U.S. District Court, Northern District of Texas (Dallas). The criminal case is U.S. v. Stanford, 09-cr-00342, U.S. District Court, Southern District of Texas (Houston).

Wednesday, 26 January 2011

Deadline for Stanford investors less than a month away

Source:NorthAmerica.World247.net

The Stanford International Victims Group (SIVG) is reminding non-US investors of the approaching deadline to file their claims for compensation.

February 16, 2011 is the date when the statute of limitations expires for claims to be filed under the US Federal Tort Claims Act (FTCA).

The SIVG represents investors from outside the US who were burned in Allen Stanford’s failed $ 7 billion Ponzi scheme, for which the businessman now languishes in a Texas prison awaiting trial.

The international victims have so far met with little success in their attempts to seek compensation via the Securities Investor Protection Corporation (SIPC).

This is partly because they are vigorously opposed by the Stanford Victims Coalition (SVC), which is looking after the interests of only the US investors.

SVC holds the view that interventions on behalf of the international victims distracts attention from the primary US cause and is likely to delay settlement.

The SIPC itself is also resistant to the idea of paying out compensation to the international victims, most of whom were not registered with the broker that is recognised as legitimate by US authorities in this matter, namely the Stanford Group Company (SCG).

Only 8,000 of the 13 to 20,000 Stanford investors are eligible for cover under the Securities Investor Protection Act (SIPA) – which governs the SIPC – and these are almost all in the US.

The SIPC offers compensation only up to a limit of US $ 500,000, regardless of the amount that may have been lost in Stanford’s alleged fraud. On the other hand, a successful claim under the SIPA would guarantee full compensation.

The International Investors Group is urging non-US victims (including those in Antigua & Barbuda) to contact their attorneys as soon as possible, or the attorney submitting claims on behalf of international investors, Kachroo Legal Services of Cambridge, Massachusetts.

Tuesday, 25 January 2011

FREQUENTLY ASKED QUESTIONS FROM STANFORD LATIN AMERICAN INVESTORS ABOUT FTCA CLAIMS

There still appears to be some confusion in Latin and South America about the FTCA claims process, due to misleading statements from some of the ‘leaders’ who are not giving advice that is in the best interests of the investors. They continue to advise investors to fill-out their own FTCA claim forms, without acknowledging the risks of such claims being incomplete; being submitted too late; or being otherwise ineligible. Please refer to some of our other posts for more detail of the risks involved in ‘self-filing.’ Although the form SF-95 appears simple enough, it has been tested in court cases many times. There is a massive amount of case-law, and other legal obstacles, investors must understand in order to complete the form correctly. Please understand that few of the English speaking investors are filing their own claims as they realize just how easy it is to get it wrong.

I have seen the advice that has been given by Covisal for investors to file their own claims. Some of this advice has been given by OFFICERS OF THE SEC, who we will be suing. Does anyone really imagine they are impartial, and it is good advice to follow?

We understand one of the ‘Leaders’ has also advised their followers that there is no urgency to submit claims, as this is will be a class-action that all investors can join-in later. Anyone spouting such blatant misinformation should not be trusted further. Should there be litigation, which will most likely become a class-action, ONLY those investors who have registered valid claims before the statute of limitations expires can be included. This is an action against the US Government under the FTCA, where the rules for eligibility are very different to other class-actions. NOBODY can join-in later. Also please be aware your claim MUST be received by the SEC, by registered mail and receipted delivery, BEFORE the Statute of Limitations expires, which is the 16th February 2011, OR IT WILL BE REJECTED.

There was a statement from one Latin American investor, who recently returned from the USA and stated he would file his own claim, as in his opinion, if a class action lawsuit is brought against the SEC in the future. “No attorney will reject a potential client with his/her SF-95 filed correctly.” Please be aware there is the distinct possibility that individual investors who ‘self-file’ could be excluded from any future class action, even if they manage to successfully file their own claims, simply because their explanation why the SEC is responsible differs significantly from the explanation given by the rest of the class. In that case, they may have to argue their claim in court, on their own, and at their own expense.

Also, even if this investor properly constructs his own claim, and he manages to get it filed timely and correctly with the SEC just to avoid paying any initial attorney fees, in six months time, when it is declined, he will still to hire an attorney to litigate his claim, and when an award is eventually made by the court, the judge may well award up to 25% to the ‘lead attorney’ as contingency fees. He may not have a contract for a 15% contingency fee, such as that negotiated with Kachroo Legal Services, and there is no guarantee that investors will be offered the same terms in six months time. Please do not be under any false illusions. The SEC are not simply going to agree all the claims and pay-out $7bn. THERE WILL HAVE TO BE A LAW SUIT, and the least expensive way for any investor to be included is with a contract from an attorney who will litigate the case as a class-action. So far we only know one such attorney, and we have hired her.

For investors in Latin and South America, who can see the sense that this needs to be handled by an experienced and indemnified attorney, to protect themselves, please also ensure that the attorney you consult has graduated from a US School of Law. The US legal system follows the law of precedent, as does that in Britain, NOT the Napoleonic Code you may be more familiar with in Latin and South America. Please also make sure your attorney is willing to litigate your claim, should it be rejected or otherwise ineligible, and has previous experience of submitting FTCA claims.
It is unlikely your neighborhood attorney in Caracas, Lima, Bogota, or Mexico will be conversant with FTCA claims.

Finally, we understand the ‘Leader’ of Covisal continues to claim our attorney only has only been practicing for 6 years, when she actually has 22 years of experience , some of it highly relevant; has never lost a case; and is the most highly rated for her qualifications and experience. Anyone wishing to compare the rating of our attorney with any of the other Stanford attorneys should refer to the following link and draw their own conclusions:

http://www.avvo.com/attorneys/02142-ma-gaytri-kachroo-1356107.html and her CV can be found here: http://www.kachroolegal.com/docs/dr_kachroo_cv.pdf

Any Stanford investors, who have not yet decided whether to join this action, should contact their own attorney at their earliest opportunity, or the attorney submitting the FTCA claims on behalf the Stanford International Victims Group: Kachroo Legal Services of Cambridge, Mass. who already have experience of submitting over 500 claims on behalf of the Madoff investors.

Email: info@kachroolegal.com

Should any Stanford investors wish for more detail of the campaign and the various arguments, please register for our private investor’s forum, which is free of charge and available only to bona-fide investors in the failed Stanford Financial Group: http://svg.creatuforo.com/profile.php?mode=register


Written by David Brent

For Stanford International Victims Group

Saturday, 22 January 2011

SNOW STORMS IN NEW ENGLAND HAMPER STANFORD FTCA CLAIMS REGISTRATION PROCESS

Our attorney’s office has been affected by the snow storms and blizzards that have been blowing across the Eastern Seaboard of the USA for the last few days. Despite this, they have managed to respond to the majority of investors within 24 hours. For those investors who have experienced difficulty in speaking to Kachroo Legal Services recently, please contact them by email: info@kachroolegal.com so you can receive the information package the same day, no matter what the weather. As we go into next week KLS are hiring additional legal assistants to process the volume of claims that are now flooding in. Please be aware there are only three weeks left before the Statute of Limitations expires, so if you are still undecided, it will be better not to leave it until the last minute.

Thursday, 20 January 2011

QUESTIONABLE ADVICE FROM THE STANFORD VICTIMS COALITION - ADVISING INVESTORS TO SELF-FILE FTCA CLAIMS ?

There has been correspondence from certain individuals, in particular Angela Kogutt, Founder and Director of the Stanford Victims Coalition, suggesting that FTCA claims are straightforward and that the forms are easy to fill-out. She has even suggested using hers as a template for other investors, presuming that ‘what caused her damages also caused theirs.’ This is a precarious presumption, and may not be such smart advice for those investors who have not fully researched FTCA claims.

Before using Mrs Kogutt’s SF-95 as a template for your claim, you may consider asking yourself some questions: Is the nature of your losses the same as hers? For instance, have you had other losses such as medical expenses? Have you lost your home or other properties as a result of losing your investment? May you be facing either of those possibilities in the future? Are you comfortable accepting her explanation as to why the SEC is responsible for your loss? If your copy of her claim should be rejected by the SEC as invalid, could you accept this? Would you be so upset that you consider her liable for influencing you to copy her claim? If you answer yes to any of these questions, then perhaps you should consult with your attorney or an experienced attorney who is both qualified and indemnified to give such advice.

As an aside, it is interesting to see that the Stanford Victims Coalition still somewhat disingenuously claim to be ‘an International Advocacy Group representing the best interests of 28,000 Stanford victims in 118 countries.’ Rather inappropriate after the SVC unilaterally abandoned all their overseas supporters to their fate, within days of Angela Kogutt being appointed to the Stanford Investors Committee last year. It is also interesting to note that it is now seemingly acceptable for SVC to state they ‘do not recommend’ any specific attorney, when in the past, as we all know, they endorsed an attorney who is now unwilling to litigate this case. With a new, experienced, and very highly qualified attorney willing to go the distance for us, one would think the SVC may be a little more proactive than to suggest that we file our own claims, simply because the attorney is not to their liking!

Enough of the SVC. So what can ‘self-filers’ expect to happen with their claims? If their administrative claims are properly constructed, then they may be able to get them filed with the SEC without paying any initial attorney fees; but if an award is ultimately made by the court; be aware, the judge may well award up to 25% to the ‘lead attorney’ as contingency fees. The ‘self-filers’ who do not have a contract for a 15% contingency fee, such as that negotiated by the Stanford International Victims Group with Kachroo Legal Services, may find they pay more in the end. If their claims have not already been rejected as ineligible that is; and remember, there are other attorneys out there who have retained many Stanford investors, some at whopping 32% contingency fees, who may also be considering a shot at the ‘lead attorney’ role.

Please bear in mind there is also the distinct possibility that individual investors who ‘self-file’ could be excluded from any future class action, even if they manage to successfully file their own claims, simply because their explanation why the SEC is responsible differs significantly from the explanation given by the rest of the class. In that case, they may have to argue their claim in court, on their own, and at their own expense.

Then there are the plethora of precedents, case-law, and other legal obstacles to be overcome in a trial, and remember there is also a correct and timely submission process just to be eligible, the details of which have been highlighted in previous posts. This is not for the faint hearted.
The deadline for claims is fast approaching. Unless claims are submitted correctly and timely before the two year Statute of Limitations expires next month on the 16th February 2011, Stanford investors will be denied any recovery from the US government, forever.

Please consult an attorney to submit your claim. Ensure that the attorney you hire is also willing to litigate your claim, should it be rejected or otherwise be ineligible, and choose one who already has experience of submitting FTCA claims.

Please contact your attorney without delay, or the attorney hired by the Stanford International Victims Group: Kachroo Legal Services, Cambridge, Mass., who already have extensive experience of submitting FTCA claims on behalf of the Madoff investors. Email: info@kachroolegal.com

Allen Stanford, former sole shareholder of the Stanford International Bank, a part of the Stanford Financial Group, now in receivership, is currently being detained awaiting trial in Houston, Texas, charged with 23 counts of fraud. The mastermind of an $8bn Ponzi scheme which caused 28,000 investors worldwide the loss of their life savings, many of whom could have been spared if the US Securities and Exchange Commission had acted when they first became aware Allen Stanford’s activities were likely a Ponzi scheme, 13 years ago.

Source: David Brent (Stanford International Victims Group)

Monday, 17 January 2011

ARE CERTAIN ADVISORS OF STANFORD BANK VICTIMS LINING THEIR OWN POCKETS?

Over the weekend one of the self-appointed and so called ‘leaders’ of a group of Stanford victims issued yet another request for ‘donations’ from the victims. It is regrettable there will always be those who prey on the weak and needy, continually asking for money from victims who have already given all they can afford to give, and for what? What exactly have these individuals achieved with all the donations they have received over the last two years? What have all the donations been spent on, and why do some individuals continue to keep asking for more, when they can show nothing constructive for all the money they have collected?

The Stanford International Victims Group does not condone requests for donations by any of these individuals. Please discard any correspondence you receive from them asking for money.

The team behind this campaign has worked tirelessly, and without any need to request donations from any of the victims, and have done so for the benefit of all the Stanford investors.

The deadline for FTCA claims against the US Securities and Exchange Commission is approaching fast. This is a real possibility for full recovery of losses sustained by all the Stanford investors, irrespective of nationality or place of abode. All valid claims must be submitted correctly and timely before the 16th February 2011 deadline when the Statute of Limitations expires.

Please consult an attorney to submit your claims. Although the forms look straightforward enough, there is a plethora of case-law awaiting the unwary. Please ensure that the attorney you engage is willing to take your claim forward, should it be rejected or otherwise ineligible, and has experience of submitting FTCA claims.

Please contact your attorney without delay, or the attorney hired by the Stanford International investors Group: Kachroo Legal Services, Cambridge, Mass., who already have extensive experience of submitting FTCA claims for the Madoff investors. Email:info@kachroolegal.com

Sunday, 16 January 2011

ONLY ONE MONTH FOR STANFORD INVESTORS TO SUBMIT CLAIMS BEFORE THE STATUTE OF LIMITATIONS EXPIRES

The deadline for FTCA claims by investors of the failed Stanford Financial Group against the US Securities and Exchange Commission is now just 31 days.

Investors in the failed Stanford International Bank, a part of the Stanford Financial Group, in receivership since the arrest of Allen Stanford, who is currently in detention in Houston awaiting trial on fraud charges, have just 31 days left to submit administrative claims under the Federal Tort Claims Act against the US Securities and Exchange Commission for their negligence in not acting against Allen Stanford sooner, despite knowing for 13 years it was likely he was operating a Ponzi scheme.

The deadline for claims is fast approaching. Unless claims are submitted correctly and timely before the two year Statute of Limitations expires next month on the 16th February 2011, Stanford investors will be denied any recovery from the US government, forever.

The Stanford International investors have engaged an attorney to submit FTCA claims against the SEC. This action against the SEC will not prejudice any SIPC recovery efforts, and is open to all the Stanford investors, irrespective of nationality, or place of abode.

Any Stanford investors who have not yet decided, should contact their attorney at their earliest opportunity, or the attorney submitting the FTCA claims on behalf the Stanford International investors: Kachroo Legal Services of Cambridge, Mass: info@kachroolegal.com who already have experience of submitting claims on behalf of the Madoff investors.

Friday, 14 January 2011

STANFORD LATIN AMERICAN INVESTORS SPEAK UP

It has taken a while to get the message out across Latin America, and has been not helped by an extended New Year vacation that kept some families out of town. Stanford Bank investors in Latin America are now responding to the message that victims of the failed Stanford International Bank, a part of the Stanford Financial Group in receivership, must file administrative claims under the Federal Tort Claims Act against the Securities and Exchange Commission, before the deadline of 16th February 2011, after which claims are barred forever under the statute of limitations.

Any Stanford investors in Latin America who have not already filed a claim must consult their attorney without delay, or the attorney hired by the Stanford International Investors, Dr Gaytri Kachroo, of Kachroo Legal Services, Cambridge, Mass, who is experienced in submitting FTCA claims, having already done so for many Madoff investors. Contact: info@kachroolegal.com.

Allen Stanford is currently in detention in Houston awaiting trial on 23 counts of fraud.

Wednesday, 12 January 2011

Statement from Kachroo Legal Services

KLS --- KACHROO LEGAL SERVICES, P.C.

January 11, 2011

Dear Stanford Investors and Attorneys:

It has come to our attention that certain misleading rumors may be circulating concerning the sharing of commissions and referral fees with non-attorneys relating to the filings of SEC administrative claims in the Stanford matter. Please note the following information carefully:

The Model Rules of Professional Conduct Rule 5.4 generally prohibit a lawyer or law firm from sharing fees with any non-lawyer. [See also, Mass. Code of Prof. Resp. 7.2(c), New York Lawyer’s Code of Prof. Resp. Rules DR-2-103(D) and DR-10107 and the Texas Disciplinary Code of Prof. Resp. 7.03(b).] Among other reasons, the American Bar Association has said that the rule is important to prevent problems of professional independence that can arise when non-lawyers assume a position in which they can interfere in a lawyer’s practice. (ABA Formal Ethics Op. 95-392.)

Additionally, any person circulating such rumors may be liable for defamation in making such statements to a third person. Anyone who suggests that Kachroo Legal Services, P.C. is paying a fee to a non-lawyer in the Stanford case would by falsely implying that the law firm is violating the rules of professional conduct. Kachroo Legal Services, P.C. has never and would never engage in such a practice. This is an issue of public concern and damages our reputation. Kachroo Legal Services, P.C. requests that anyone who has made such statements halt immediately and apologize publicly.

- Dr. Gaytri D. Kachroo, Kachroo Legal Services, P.C.

Suspected CIA Banker Allen Stanford's Trial Indefinitely Delayed

Source: Pacific Free Press (Tom Burghardt)

The strange case of accused swindler and suspected CIA banker R. Allen Stanford became a whole lot stranger last week.
During a preliminary hearing in Houston, U.S. District Judge David Hittner ruled that Stanford, charged with orchestrating an $8 billion dollar Ponzi scheme that defrauded thousands of investors, cannot be tried until he undergoes detoxification for a drug addiction acquired after his incarceration in a federal detention facility.

Talk about a convenient turn of events!

"Nothing can be done until the medical aspect is cleared up," Hittner told defense lawyers and prosecutors during an all-day hearing that examined Stanford's mental competence to stand trial, Bloomberg News reported.

The banker's court-appointed defense team is seeking a two-year delay, citing the mountain of evidence, some two million pages at last count, they must review before the trial can proceed. Stanford's apparent inability to participate in his own defense would certainly complicate matters.

With a net worth once estimated at $2 billion, the accused fraudster was declared indigent last fall after his assets were seized and (known) accounts frozen following his 2009 arrest and indictment.

In October, U.S. District Judge Nancy Atlas ruled that Stanford and codefendants Laura Pendergest-Holt, Gilberto Lopez, Mark Kuhurt and Leroy King, the former chief regulator of the Bank of Antigua, cannot tap a $100 million Lloyds of London insurance policy to pay attorney fees.

According to the ruling, "lawyers for Lloyds had proven at a trial in August that it was likely that Stanford had committed money laundering." The court declared "that the policy's money laundering exclusion applies to justify underwriters' denial of insurance coverage at this time," Reuters reported.

Indicted eighteen months ago on 21 civil and criminal counts, including mail, wire, securities fraud and money laundering, Stanford is also suspected of running another in a long line of "full service banks" for American secret state agencies, including the CIA.

Interestingly enough, one of Stanford's early defense teams was led by none other than Robert S. Bennett, the high-powered attorney who successfully fought off prosecution for his client, Jose A. Rodriguez, the former head of the CIA's clandestine division, accused of destroying 92 torture videotapes of prisoners held at Agency "black sites."

This latest twist in the sleazy affair raise uncomfortable questions for prosecutors: just how does one become drug addicted while in federal custody?

According to Bloomberg, "three psychiatrists, one working for the government and two working for the defense, testified that Stanford's dependency on prescription anti-anxiety medication and the after-effects of a head injury he sustained in a jailhouse beating left him unfit for the trial" which was slated to begin later this month.

Victor Scarano, a defense psychiatrist testified that the banker's dependency on the anti-anxiety drug clonazepam, along with the powerful anti-depressant mirtazapine, was the result of "overmedication" by his jailers.

Scarano testified that for more than a year Stanford "has been taking 3 milligrams a day of the anti-anxiety drug clonazepam, and that a normal dose is up to 1 milligram a day for no longer than two weeks," the Houston Chronicle disclosed.

The psychiatrist told the court that "he is unable to work effectively and rationally with his attorneys in his defense against the charges."

"He is unable to focus, he's unable to keep a train of thought," Scarano testified.

A second psychiatrist, Steven Rosenblatt, hired by the government, "testified that Stanford is suffering from delirium, likely brought on by the medication."

During Thursday's hearing, Stanford's attorney Ali Fazel, told the court that his client had been assaulted while in federal custody, severely beaten and that it was prison physicians who prescribed the medications to which the accused swindler is now addicted. "It's the government that caused the problem," Fazel said.

The Independent averred this will raise "fresh and disturbing questions about the deterioration of Stanford's mental and physical health in the 18 months he has already spent behind bars."

Among the questions likely to be raised is why, for some unknown and still unexplained reason prison doctors dispensed triple the normal dose of a suite of drugs known to produce untoward side effects.

According to Wikipedia, clonazepam is used to treat epilepsy, anxiety disorder and panic disorder, and in combination with lithium and haloperidol, it is also used for the initial treatment of mania or acute psychosis.

This is certainly a curious choice for long-term treatment of a concussion. While Stanford may be a notorious huckster who believed he could do no wrong, even as he allegedly robbed investors blind, there is no evidence he suffered a psychotic break with reality. In fact, the evidence suggests quite the opposite.

Clonazepam is characterized by its "fast onset of action and high effectiveness rate and low toxicity in overdose but has drawbacks due to adverse reactions including paradoxical effects, drowsiness, and cognitive impairment."

According to scholarly literature cited by Wikipedia, "cognitive impairments can persist for at least 6 months after withdrawal of clonazepam; it is unclear whether full recovery of memory functions occurs. Other long-term effects of benzodiazepines include tolerance, a benzodiazepine dependence as well as a benzodiazepine withdrawal syndrome occurs in a third of people treated with clonazepam for longer than 4 weeks."

Common side effects include drowsiness, interference with cognitive and motor performance, irritability and aggression, psychomotor agitation, lack of motivation, loss of libido, hallucinations, short-term memory loss, and what are described as "anterograde amnesia (common with higher doses)" or, the "loss of the ability to create new memories ... leading to a partial or complete inability to recall the recent past."

The second drug dispensed to Stanford, the anti-depressant mirtazapine, is used in the treatment of depression, anxiety, obsessive-compulsive disorders and is said to "exacerbate some patients' depression or anxiety or cause suicidal ideation," Wikipedia informs us.

While "the potential for dangerous drug interactions with mirtazapine is considered to be very low," the drug may "increase the effects of ... benzodiazepines," e.g. clonazepam, the apparent drug of choice deployed by Stanford's jailers as part of his "treatment."

Attorneys and psychiatrists told the court that the accused swindler was treated for more than a year with triple the "normal dose" of a drug known for producing "paradoxical effects" including "a partial or complete inability to recall the recent past."

The question is why?

While Stanford's "overmedication" may have an innocent explanation, we cannot dismiss the possibility that someone or some entity perhaps, say an intelligence agency with decades of pharmacological knowledge derived from illicit human experiments might be interested in inducing permanent "cognitive impairment" in the dodgy banker.

A simpler explanation however, such as gross negligence on the part of his jailers cannot be ruled out. It is even quite possible, as assistant U.S. attorney Gregg Costa asserted, that Stanford "could have been faking the delirium in order to be let out of jail before facing trial" as The New York Times reported.

And given the wretched conditions that exist in American gulags, where control of prison populations through overmedication is the norm not the exception, this could also be a mitigating factor in Stanford's case. As Human Rights Watch points out, prisoners adjudged mentally ill often receive "inappropriate kinds or amounts of psychotropic medication that further impairs their ability to function."

On the other hand, Allen Stanford's high-profile, his close proximity to drug-fueled intelligence operations, decades of hastily-closed investigations into alleged security frauds and a "stand down" by the SEC "at the request of another federal agency" as The New York Times disclosed, coupled with drugs investigations that "lie buried in the paperwork" gathered by the SEC as the Houston Chronicle averred, however one cares to slice it, a drug addiction acquired in federal custody does open a new, and highly suspicious, chapter in the Stanford drama.

The maddeningly complex character of Allen Stanford's operations as the Financial Times revealed, and what role other giant banks including Bank Julius Baer, Credit Suisse and HSBC, which acted as SIB's correspondent bank for all European deposits played in the affair, may never be unraveled if he cannot stand trial.

In this respect, a permanent "inability to recall the recent past" induced by federal prison authorities may be just what the doctor ordered.

U.S. Embassy Turned a Blind Eye as Suspected CIA Banker Allen Stanford Bilked Investors, Secret Cables Reveal

Soure: Inteldaily (Tom Burghardt)

While R. Allen Stanford was happily ensconced on the Caribbean island of Antigua, allegedly bribing officials there as he expanded his banking empire, secret cables released by the whistleblowing web site WikiLeaks revealed that U.S. Embassy officials held themselves at arm’s length even as they provided the accused fraudster with political cover.

As Antifascist Calling reported last summer, Stanford International Bank (SIB) and Stanford Financial Group (SFG), once conservatively valued at $50 billion, were no more legitimate than penny stock frauds or advance fee scams on the internet. To make matters worse, for years federal regulators turned a blind eye towards the bank’s reckless practices.

As it turns out, so too did the U.S. Embassy.

Cablegate file 06BRIDGETOWN755, “Cricket Breakfast Serves Up First Encounter with Allen Stanford,” dated 03 May 2006, revealed that “Ambassador Kramer met controversial Texan billionaire Allen Stanford for the first time at an April 21 ‘Legends of Cricket’ breakfast in Barbados.”

The confidential embassy cable reported that “Stanford bent the Ambassador’s ear concerning his significant new tourism and property investments in Antigua and plans for his Caribbean Star and Caribbean Sun airlines.”

The occasion for the meeting, an inadvertent encounter if the embassy’s account is to be believed, was an April 21, 2006 breakfast at the Barbados Hilton.

Stanford, who went on to donate some $20 million to the England and Wales Cricket Board, attended the lavish affair in the company of Barbados Prime Minister Owen Arthur, U.S. Ambassador Mary E. Kramer, assorted sports stars and local luminaries.

The cable averred that “Allen Stanford is a controversial Texan billionaire who has made significant investments in offshore finance, aviation, and property development in Antigua and throughout the region. His companies are rumored to engage in bribery, money laundering, and political manipulation.”

Rumored by whom, one might reasonably ask? An important point since this was certainly not general knowledge at the time, particularly amongst those who were being fleeced.

But rather than blowing the whistle when it could have mattered most to investors and Antiguan citizens, the Bush-appointed official took cover. “Embassy officers do not reach out to Stanford” we read, “because of the allegations of bribery and money laundering. The Ambassador managed to stay out of any one-on-one photos with Stanford during the breakfast.”

Why would Kramer have done otherwise? After all, as Secretary of State Hillary Clinton piously intoned last month denouncing WikiLeaks, “this is the role our diplomats play in serving America.”

A “Unique Investment Strategy”

When “Sir Allen” was arrested in 2009, the federal indictment charged that the high-flying Texan had sold more than $7 billion in fraudulent certificates of deposit and some $1.2 billion in mutual funds.

The centerpiece of SIB’s “unique investment strategy” were financial instruments that were claimed to be safe, liquid and redeemable at a moment’s notice.

According to a blurb on the “Sir Allen Stanford” web site, the Stanford Financial Group “provides private and institutional investors with global expertise in asset allocation strategies, investment advisory services, equity research, international private banking and trust administration, commercial banking, investment banking, merchant banking, institutional sales and trading, real estate investment and insurance.”

The reality was far different, however. In fact, the majority of Group “assets” were in very illiquid real estate holdings and private accounts managed by just two individuals, Allen Stanford and his college roommate, James M. Davis, the bank’s chief financial officer.

According to federal prosecutors, accounts were divided into three tiers, I, II and III with Tier III accounts representing “more than 80% of the purported total value of SIBL’s investments.”

“STANFORD and DAVIS” the charge sheet reads, “directed, managed, and monitored … the Tier III investments. According to internal SIBL documents, as of June 30, 2008, these Tier III investments comprised the majority of the purported value of SIBL’s investment portfolio. Approximately 50% of the purported value of Tier III (approximately $3.2 billion) included investments in artificially valued real estate and approximately 30% of the purported value of Tier III (approximately $1.6 billion) included notes on personal loans to STANFORD. STANFORD, DAVIS and others did not disclose to, and actively concealed from, investors, SGC and SIBL employees, and others the fact that approximately $4.8 billion in purported Tier III investments consisted of such artificially valued real estate and notes on personal loans to STANFORD.”

A sweet deal if you’re in on the fix.

Lured by “high rates that exceed those available through true certificates of deposits offered by traditional banks,” thousands of investors were indelicately relieved of their life savings. Of the more than $8 billion hoovered up by the banker and his cronies, only about $500 million has been recovered.

This raises the question: where did all that money go? Did it just simply vanish into thin air, secret Stanford accounts, or perhaps, was it diverted elsewhere by the banker’s silent partners in a certain three-lettered agency?

When asked during a 2009 interview by CNBC’s Scott Cohn whether he had been “helpful” to U.S. authorities in Latin America, Stanford replied, “Are you talking about the CIA?” Cohn: “Well, you tell me?” Stanford: “I’m just not going to talk about that.”

Stanford’s reticence to discuss possible Agency connections are certainly understandable.

We do know however, that like many dubious banking ventures before it, Stanford Financial Group had powerful friends in high places, in the White House, Congress, amongst regulatory agencies and, plausibly, the CIA; all of whom tripped over themselves furnishing Stanford’s “family” of companies with a watertight “roof.”

The More Things “Change”

According to available evidence, why would the banker have believed his shady empire was on the brink of collapse in 2009, or that well-connected friends wouldn’t come to the rescue? After all, it happened before.

Last year The New York Times disclosed that Stephen J. Korotash, an associate regional director of enforcement at the Ft. Worth, Texas office of the Securities and Exchange Commission (SEC) said the regulatory agency “stood down” their investigation “at the request of another federal agency, which he declined to name.”

A curious admission all the more damning for regulators considering that suspicions, and hastily-closed investigations, have dogged the bank for the better part of two decades.

Damning perhaps, but not surprising.

Nearly a quarter century before charges were laid against Allen Stanford, the late investigative reporter Penny Lernoux recounted in her still-timely book, In Banks We Trust, a fraudulent scheme by Citibank (now Citigroup) to evade paying taxes while cooking the books and dodging “legal requirements on bank reserves, liquidity, and lending limits.” And, similar to the Stanford grift, the SEC did worse than nothing.

Lernoux averred that even after a whistleblower and former bank vice president proved “conclusively” that Citibank had “systematically” violated the law, “the SEC’s enforcement staff refused to take any action against the bank on the ground that its pursuit of unlawful profits accorded with ‘reasonable and standard business judgement’.”

Here’s the kicker. Lernoux wrote that the “SEC also concluded that Citibank’s management had no duty to disclose improper actions since the bank had never claimed its top officers possessed ‘honesty and integrity’.” Sound familiar?

Fast forward to the era of the Bush crime family and we learn that in 2006, BusinessWeek revealed that the president “bestowed on his intelligence czar … broad authority, in the name of national security” to excuse companies from “their normal accounting and securities-disclosure obligations” if they revealed “certain top-secret defense projects.”

Would such “broad authority” also cover financial institutions accused of laundering drug money for select “War on Terror” allies?

Interestingly enough, Bush’s “intelligence czar” at the time, John D. Negroponte, was U.S. Ambassador in Honduras during the 1980s at the height of the Reagan administration’s anticommunist jihad in Central America.

In addition to covering for the CIA as the Agency stood-up death squads in Honduras, Negroponte, as The Baltimore Sun revealed in 1995, turned a blind eye as America’s “freedom fighters,” the Nicaraguan Contras, financed their terrorist insurgency against the leftist Sandinista government by importing billions of dollars of cocaine into the United States with a major assist from their ideological soul-mates, the Medellín and Cali drug cartels.

Recall that during this period of intensified U.S. covert operations, the Reagan Justice Department signed a Memorandum of Understanding with the CIA. That 1982 memo, brokered between U.S. Attorney General William French Smith and CIA Director William Casey, absolved the Agency from reporting drug smuggling by their assets, the Nicaraguan Contras and Afghan mujahideen.

Leveraging their anticommunist bona fides to import massive quantities of drugs into the United States, and laundering the proceeds through a spider’s web of U.S. and offshore banks including, as several investigative reports have alleged, a Stanford bank, one can only wonder whether similar cosy arrangements are in force today.

Recall also that illegal activities by institutions as diverse as Paul Helliwell’s Castle Bank and Trust in the Bahamas, Frank Nugan and Michael Hand’s Nugan Hand Bank in Sydney, Saudi Arabia and the Cayman Islands, or the far-flung, crooked empire of Agha Hasan Abedi’s Bank of Credit and Commerce International, were all financial black holes where organized crime, drug-fueled intelligence operations and geopolitical intrigue freely intermixed.

Separated in time and geography, what all three banks had in common was their close proximity to international drug trafficking networks and the CIA, particularly in areas of acute interest to U.S. policy planners. Did Stanford International Bank have an analogous relationship with the Agency?

After all the Stanford bank, like Castle, Nugan Hand and BCCI before it had been focal points of unseemly financial practices for years. Indeed, nearly thirty years ago investigative journalist Nancy Grodin reported in CovertAction (Number 16, March 1982), that like SIB, Nugan Hand enticed prospective investors “with offers of private banking services, high interest rates (higher than anywhere else in the region), tax-free deposits and complete secrecy.”

Across the decades, investigations revealed that leading figures in Castle, Nugan Hand and BCCI had actively conspired with drug traffickers to import narcotics into the United States.

Top bank officials Helliwell, Nugan, Hand and Abedi worked alongside organized crime figures and former intelligence and Pentagon officials, including a past director of the CIA. And when the chips were down, all managed to evade being held to account for the most serious charges: drug trafficking, money laundering, arms smuggling, murder, terrorism, even nuclear proliferation, precisely because such exposure would have revealed “sensitive intelligence operations.”

While some might argue that in the broad scheme of things considering the depth of capitalism’s economic meltdown, Stanford’s alleged grift was mere chump change compared to the trillions of dollars plundered by even bigger fish.

From a parapolitical perspective however, the multiple obfuscations, smokescreens and outright falsehoods surrounding the scandal indicate this is no simple case of greed or another tawdry example of “elite deviance.”

Rather, as researcher Peter Dale Scott has assiduously documented over the years, the vicissitudes of “L’affaire Stanford” may be emblematic of “continuous U.S. involvement in the global drug connection,” a “global financial complex of hot money uniting prominent business … and government as well as underworld figures” for purposes of “achieving and maintaining global American dominance.”

Drug Links Covered-Up

While Ambassador Kramer may have avoided having her photo snapped with the accused fraudster, her rather pedestrian concerns pale in comparison to the fact that Stanford has been the subject of multiple drugs investigations over a 20-year period that have all been scrupulously covered-up.

Indeed, years before the federal government ran SIB to ground, earlier probes, including those investigating drug-money laundering during the Iran-Contra period were killed.

Stanford’s Montserrat-based Guardian International Bank, a suspected conduit for Contra drug funds, short-circuited investigators when it pulled-up stakes, surrendered its banking license and left the island.

By 1986, evidence emerged that top Contra officials and the Agency enjoyed cosy ties with both Pablo Escobar and the Orejuela brothers, respective kingpins of the Medellín and Cali drug cartels.

Under pressure from the Reagan administration however, Congress and corporate media buried the drug angle to the investigation, as Consortium News journalist Robert Parry has documented in a series of groundbreaking reports.

After his departure from Montserrat under a cloud, the banker trained his sights on Antigua and Barbuda where he developed a close relationship with former prime minister Lester Bird.

The Independent reported that during the course of a joint Scotland Yard-FBI investigation, the bank “was suspected of laundering drug money from the notorious Medellin and Cali drug cartels run by Pablo Escobar and the Orejuela brothers.”

“Under the Bird family leadership” The Independent disclosed, “the island was widely regarded as one of the most corrupt in the Caribbean, with well-documented links to arms and drug smuggling and money laundering.”

The former FBI agent who led the Guardian probe, Ross Gaffney, told The Independent “we suspected that Stanford’s bank was involved in money laundering.” Gaffney said that even after Guardian closed, the FBI “continued to take an interest in Stanford and set up a second inquiry into that bank after receiving intelligence that it continued to launder money for the Medellin and Cali cartels.”

The former federal agent said, “We had hard intelligence about what he was doing and we began to develop it” but that investigation died or more likely, was deep-sixed, by officials higher-up the food chain.

According to The Observer, a second FBI source “confirmed the agency was looking at links to international drug gangs as part of the huge investigation into Stanford’s banking activities.”

Other sources “in the US Drug Enforcement Administration” The Observer reported, “also confirmed that while the investigations into Stanford’s affairs were ‘with the FBI and Securities Exchange Commission, there may well have been a trail connecting his Mexican affairs to narco-trafficking interests’.”

But even after the stench of Iran-Contra faded from the headlines, drug probes targeting the bank continued well into the 1990s. The Houston Chronicle reported that according to court documents “operatives of the Juarez cartel began opening accounts at Stanford’s Antigua-based bank in an effort to launder money amassed under one of Mexico’s most vicious drug lords, Amado Carrillo Fuentes.”

“Together,” the Chronicle disclosed, “they used Stanford International Bank to open 10 accounts and deposit $3 million–a small sliver of the cartel’s fortunes but enough to pique authorities’ interest.”

Despite long-running investigations, federal sources told the Chronicle, “any alleged Stanford connection to drug cartels and their money could lie buried in the paperwork gathered for the Security and Exchange Commission’s civil inquiry.”

Federal officials claimed, despite probes that resulted in stiff fines for illicit practices by other U.S. banks including, most recently, Wachovia, as Bloomberg Markets magazine reported, that tracing drug profits laundered through offshore banks like Stanford’s “is difficult to document.”

That is, acutely “difficult” if investigators are ordered to look away, and evidence suggests they were. How else would one interpret the statement by The Observer’s DEA source who told the British newspaper, “I think we’ll find that any possible drug-related trail and SEC priorities are not all in the same frame.”

When the scandal broke, Cablegate file 09BRIDGETOWN114, 18 February 2009, “Antigua: Upheaval on the Eve of Elections,” informs us that the 17 February announcement of new parliamentary elections “was almost immediately overshadowed by an announcement by the Securities and Exchange Commission of action being taken against U.S.-Antiguan citizen Sir Allen Stanford for ‘massive, on-going fraud’.”

The Embassy informed the State Department that “local fears over Stanford indictment have led to a run on the Stanford Financial Group’s subsidiary the Bank of Antigua, with depositors lining up for an hour or more to withdrawal their money.”

As reported above, through a series of maneuvers and what were alleged to be illicit payments to former Antiguan Prime Minister Lester Bird, Stanford set up shop on the Caribbean island in 1990, and gobbled up prime real estate, acquired dual citizenship and a knighthood, and eventually took control of the Bank of Antigua in a highly-dubious “reorganization.”

The ripples from the indictment spread like a rogue wave across Antigua and the Eastern Caribbean. Antiguan officials, and the U.S. Embassy, were concerned that once the depth of the fraud sank in, “unrest” would follow in its wake.

Shortly after that 2009 embassy cable, The Guardian, reported that an investigation by the Antiguan government uncovered “large payments … in Isle of Man bank accounts controlled by Antiguan politicians.”

According “to documents seen by The Guardian, HSBC bank, in the Isle of Man, accepted $3.2m (£2.3m) on behalf of Asot Michael, once chief of staff to the former Antigua prime minister Lester Bird.”

“The cash under investigation” the British newspaper disclosed, “came via an Israeli businessman, Bruce Rappaport, who is alleged to have diverted Antiguan funds into his own pocket while making payments to local politicians.”

HSBC denied all wrongdoing and “would publicly neither confirm nor deny information about individual Manx accounts,” saying the bank “has robust anti-money laundering policies and clearly defined policies and procedures concerning politically exposed persons.”

“It is unclear” the Embassy averred, “if either party will try hard to use the Stanford indictment as an election issue–Stanford amassed his fortune under an ALP [Antiguan Labor Party] government, and was knighted by a UPP [United Progressive Party] government, so all hands are likely equally dirty.”

“Many worry that these issues [crime, fraud and violence] could not only spell disaster for the UPP, but for the country’s economy as a whole, leading to a severe economic depression and intolerable unemployment creating more violence and a cycle of less tourism, more unemployment and more crime.”

Curiously, while corporate media have focused on Stanford’s lavish lifestyle, girlfriends and upscale island properties, nary a word has been whispered about the banker’s alleged links to notorious drug cartels or to some of the CIA’s dirtiest operations.

Even at this late date, it appears that the dodgy banker has well-connected friends who want to bury this angle of a scandal that has defrauded thousands and wrecked entire economies.

The question is, why?

Follow the Money, but Where?

Investors in the Stanford Ponzi scheme have lost their shirts, and its likely they’ll never recover even a fraction of their losses.

“In the past two years” the Houston Chronicle reported, “Stanford himself has ceased to be the story. The most amazing aspect of the Stanford saga is how little money has been recovered. As the court-appointed receiver has chased assets around the globe, he’s found Stanford’s accounts stunningly empty.”

During the investigation that led to the indictments, auditors learned that that funds were moved through Stanford-controlled accounts to offshore banks, including HSBC London; Bank Julius Baer, Zurich; Credit Suisse, United Kingdom; SG Private Banking, Geneva; Banque Franck Galland & Cie S.A., Geneva; RBS Coutts, Zurich; Coutts Bank Von Ernst, Geneva and Toronto Dominion Bank, Canada; banks which have figured in past money laundering or tax-avoidance scandals. In all, 28 numbered accounts were listed by prosecutors, veritable black holes that escaped regulatory scrutiny.

Nearly a decade ago, investigative journalist Stephen Bender wrote in Z Magazine that “an understanding of the drug trade’s machinations is incomplete without an analysis of the crucial role transnational banks play in the laundering of drug proceeds.”

The House Permanent Subcommittee on Investigations reported back in 2000: “Despite increasing international attention and stronger anti-money laundering controls, some current estimates are that $500 billion to $1 trillion in criminal proceeds are laundered through banks worldwide each year, with about half of that amount moved through United States banks.”

Recall that at the height of capitalism’s current global economic meltdown, Antonio Maria Costa, the director of the United Nations Office on Drugs and Crime told The Observer that “drugs money worth billions of dollars kept the financial system afloat at the height of the global crisis.”

Costa told the British newspaper he saw substantial evidence that that proceeds from the illicit trade were “the only liquid investment capital” available to some banks on the brink of collapse last year and that “a majority of the $352bn (£216bn) of drugs profits was absorbed into the economic system as a result.”

The UN drugs chief said that in “many instances, the money from drugs was the only liquid investment capital.” And with markets tanking and major bank failures a near daily occurrence, “liquidity was the banking system’s main problem and hence liquid capital became an important factor.”

If only a tiny portion of these illegal proceeds were siphoned-off by secret state agencies, including the CIA, funds available for covert operations and other dubious purposes, such as suborning treason amongst foreign officials to spy on their own governments, as WikiLeaks diplomatic cables revealed, the amounts would be staggering.

Bender informed us that one conduit for laundering drug profits is the private banking system.

“U.S.-based private banks” Bender wrote, “operate in a regulatory twilight zone enabling the laundering of drug profits as confirmed by the GAO. Private banks are ‘not subject to the Bank Secrecy Act,’ thus exempting banks from complying with ‘specific anti-money-laundering provisions…such as the one requiring that suspicious transactions be reported to U.S. authorities’.”

And with “international private banking” a prominent selling-point of the Stanford firm’s dark web, one might reasonably surmise that drug traffickers would also view this regulatory black hole in the most favourable light.

Indeed, this “twilight zone” was precisely where Allen Stanford operated. As The Miami Herald reported, state and federal regulators allowed SIB to move “vast amounts of money offshore–without reporting a penny to regulators.”

SIB’s arrangements with the Florida Office of Financial Regulation were so lax that the company “was allowed to sell hundreds of millions in bank notes without allowing regulators to check for fraud.” Indeed, Florida regulators granted Stanford’s bank “sweeping powers never given to a private company.”

But what if that “private company” were handed an exemption from “their normal accounting and securities-disclosure obligations” as BusinessWeek reported, on grounds of “national security,” and investigations into that firm were squashed “at the request of another federal agency,” wouldn’t this also suggest that Stanford’s Ponzi scheme may have also been a cover for ongoing U.S. intelligence operations?

And once the scope of the fraud became too large to ignore, it wouldn’t be a stretch to conclude that the Agency decided to cut their losses and “move on”?

As investigative reporters Jonathan Beaty and S.C. Gwynne uncovered in their stunning exposé, The Outlaw Bank, it wouldn’t be the first time.

For years the CIA had concealed their close involvement with the crooked Bank of Credit and Commerce International (BCCI), tied to everything from drug trafficking to money laundering and from nuclear proliferation to the financing of terrorist groups, including those that morphed into Al-Qaeda.

And when they “came clean” to Treasury Department officials in a report that remains classified to this day, “suddenly, and for no apparent reason,” Beaty and Gwynne wrote, Treasury “lost all interest in BCCI.”

Perhaps for similar reasons too, in the years ahead we’ll find that “any alleged Stanford connection to drug cartels and their money could lie buried in the paperwork gathered for the Security and Exchange Commission’s civil inquiry,” where its likely to stay buried.

Monday, 10 January 2011

BE CAREFUL WHO YOU SEND MONEY TO!

It has been brought to my attention - again - that there are people (non professional people) who are using what has happened to us as an excuse to solicit money from the victims.

I would urge all members of this forum NOT to send money to people who profess to be helping you while begging for contributions from you, unless they are professionals (such as lawyers), doing a professional job.

There are several people who work non stop on trying to help each and every victim of the Stanford fraud on a daily basis. David Brent, Patron1, Was Cool Calm Investor, Wendyanne, plus several more that work behind the scenes, and we do it without asking or accepting a penny from any victim. Our costs are the use of a computer and perhaps a few phone calls - basically it costs us nothing. We get information out to as many victims as possible, offer help and advice, keep everyone informed via the forum and the blog, get publicity and news to as many people as possible, speak to reporters, write to MP's and Senators, write to the Committee and the lawyers and we have never asked - or would accept a cent from victims who have already lost so much.

Unfortunately this is not the case with everyone that professes to be "helping" the victims and certain people have and still are asking for contributions from you all. This has to stop. You, the victims have to ask yourself why they are asking for money and exactly what they are doing with your hard earned cash? It is disgraceful that some people see this tragedy as an opportunity to exploit and cash in on what has happened to us all.

I urge all of you to throw any letters or emails asking for money that you receive from anyone on the forum (or from anywhere else) in the trash. There is no need for you to pay people who are genuine in their desire to help and there is no need for you to be paying for someone to set up a home business living off of your donations while basically doing and achieving nothing. All those who have sent money in the past need to be asking the question "what has my money been spent on, what has this person done to help me, what has this person EVER achieved that has not been done for free through the forum and the blog?

I hope you will all listen to me. If the donations stop then these leeches will disappear and you will then know who is truly helping you and who is using you for their own personal gain.

Attorney inundated with claims from Stanford Investors

A few days ago Dr Gaytri Kachroo, principal of Kachroo Legal Services, stated that she has been inundated with interest, inquiries and solicitations from Stanford investors to file administrative claims against the SEC before the deadline of February 16th 2011, after which investors will be prevented from reclaiming their losses under the FTCA by the Statute of Limitations.

This is a means of recovery open to all the Stanford investors irrespective of where they live, or where they deposited funds into the failed Stanford Financial Group.
For anyone who has not yet registered, please contact Kachroo Legal Services now before it is too late. Email: info@kachroolegal.com

Sunday, 9 January 2011

Allen Stanford's Trial Indefinitely Delayed. Suspected CIA Banker Became "Drug Dependent" -- in Federal Custody

The strange case of accused swindler and suspected CIA banker R. Allen Stanford became a whole lot stranger last week.

During a preliminary hearing in Houston, U.S. District Judge David Hittner ruled that Stanford, charged with orchestrating an $8 billion dollar Ponzi scheme that defrauded thousands of investors, cannot be tried until he undergoes detoxification for a drug addiction acquired after his incarceration in a federal detention facility.

Talk about a convenient turn of events!

"Nothing can be done until the medical aspect is cleared up," Hittner told defense lawyers and prosecutors during an all-day hearing that examined Stanford's mental competence to stand trial, Bloomberg News reported.

The banker's court-appointed defense team is seeking a two-year delay, citing the mountain of evidence, some two million pages at last count, they must review before the trial can proceed. Stanford's apparent inability to participate in his own defense would certainly complicate matters.

With a net worth once estimated at $2 billion, the accused fraudster was declared indigent last fall after his assets were seized and (known) accounts frozen following his 2009 arrest and indictment.

In October, U.S. District Judge Nancy Atlas ruled that Stanford and codefendants Laura Pendergest-Holt, Gilberto Lopez, Mark Kuhurt and Leroy King, the former chief regulator of the Bank of Antigua, cannot tap a $100 million Lloyds of London insurance policy to pay attorney fees.

According to the ruling, "lawyers for Lloyds had proven at a trial in August that it was likely that Stanford had committed money laundering." The court declared "that the policy's money laundering exclusion applies to justify underwriters' denial of insurance coverage at this time," Reuters reported.

Indicted eighteen months ago on 21 civil and criminal counts, including mail, wire, securities fraud and money laundering, Stanford is also suspected of running another in a long line of "full service banks" for American secret state agencies, including the CIA.

Interestingly enough, one of Stanford's early defense teams was led by none other than Robert S. Bennett, the high-powered attorney who successfully fought off prosecution for his client, Jose A. Rodriguez, the former head of the CIA's clandestine division, accused of destroying 92 torture videotapes of prisoners held at Agency "black sites."

This latest twist in the sleazy affair raise uncomfortable questions for prosecutors: just how does one become drug addicted while in federal custody?

According to Bloomberg, "three psychiatrists, one working for the government and two working for the defense, testified that Stanford's dependency on prescription anti-anxiety medication and the after-effects of a head injury he sustained in a jailhouse beating left him unfit for the trial" which was slated to begin later this month.

Victor Scarano, a defense psychiatrist testified that the banker's dependency on the anti-anxiety drug clonazepam, along with the powerful anti-depressant mirtazapine, was the result of "overmedication" by his jailers.

Scarano testified that for more than a year Stanford "has been taking 3 milligrams a day of the anti-anxiety drug clonazepam, and that a normal dose is up to 1 milligram a day for no longer than two weeks," the Houston Chronicle disclosed.

The psychiatrist told the court that "he is unable to work effectively and rationally with his attorneys in his defense against the charges."

"He is unable to focus, he's unable to keep a train of thought," Scarano testified.

A second psychiatrist, Steven Rosenblatt, hired by the government, "testified that Stanford is suffering from delirium, likely brought on by the medication."

During Thursday's hearing, Stanford's attorney Ali Fazel, told the court that his client had been assaulted while in federal custody, severely beaten and that it was prison physicians who prescribed the medications to which the accused swindler is now addicted. "It's the government that caused the problem," Fazel said.

The Independent averred this will raise "fresh and disturbing questions about the deterioration of Stanford's mental and physical health in the 18 months he has already spent behind bars."

Among the questions likely to be raised is why, for some unknown and still unexplained reason prison doctors dispensed triple the normal dose of a suite of drugs known to produce untoward side effects.

According to Wikipedia, clonazepam is used to treat epilepsy, anxiety disorder and panic disorder, and in combination with lithium and haloperidol, it is also used for the initial treatment of mania or acute psychosis.

This is certainly a curious choice for long-term treatment of a concussion. While Stanford may be a notorious huckster who believed he could do no wrong, even as he allegedly robbed investors blind, there is no evidence he suffered a psychotic break with reality. In fact, the evidence suggests quite the opposite.

Clonazepam is characterized by its "fast onset of action and high effectiveness rate and low toxicity in overdose but has drawbacks due to adverse reactions including paradoxical effects, drowsiness, and cognitive impairment."

According to scholarly literature cited by Wikipedia, "cognitive impairments can persist for at least 6 months after withdrawal of clonazepam; it is unclear whether full recovery of memory functions occurs. Other long-term effects of benzodiazepines include tolerance, a benzodiazepine dependence as well as a benzodiazepine withdrawal syndrome occurs in a third of people treated with clonazepam for longer than 4 weeks."

Common side effects include drowsiness, interference with cognitive and motor performance, irritability and aggression, psychomotor agitation, lack of motivation, loss of libido, hallucinations, short-term memory loss, and what are described as "anterograde amnesia (common with higher doses)" or, the "loss of the ability to create new memories ... leading to a partial or complete inability to recall the recent past."

The second drug dispensed to Stanford, the anti-depressant mirtazapine, is used in the treatment of depression, anxiety, obsessive-compulsive disorders and is said to "exacerbate some patients' depression or anxiety or cause suicidal ideation," Wikipedia informs us.

While "the potential for dangerous drug interactions with mirtazapine is considered to be very low," the drug may "increase the effects of ... benzodiazepines," e.g. clonazepam, the apparent drug of choice deployed by Stanford's jailers as part of his "treatment."

Attorneys and psychiatrists told the court that the accused swindler was treated for more than a year with triple the "normal dose" of a drug known for producing "paradoxical effects" including "a partial or complete inability to recall the recent past."

The question is why?

While Stanford's "overmedication" may have an innocent explanation, we cannot dismiss the possibility that someone or some entity perhaps, say an intelligence agency with decades of pharmacological knowledge derived from illicit human experiments might be interested in inducing permanent "cognitive impairment" in the dodgy banker.

A simpler explanation however, such as gross negligence on the part of his jailers cannot be ruled out. It is even quite possible, as assistant U.S. attorney Gregg Costa asserted, that Stanford "could have been faking the delirium in order to be let out of jail before facing trial" as The New York Times reported.

And given the wretched conditions that exist in American gulags, where control of prison populations through overmedication is the norm not the exception, this could also be a mitigating factor in Stanford's case. As Human Rights Watch points out, prisoners adjudged mentally ill often receive "inappropriate kinds or amounts of psychotropic medication that further impairs their ability to function."

On the other hand, Allen Stanford's high-profile, his close proximity to drug-fueled intelligence operations, decades of hastily-closed investigations into alleged security frauds and a "stand down" by the SEC "at the request of another federal agency" as The New York Times disclosed, coupled with drugs investigations that "lie buried in the paperwork" gathered by the SEC as the Houston Chronicle averred, however one cares to slice it, a drug addiction acquired in federal custody does open a new, and highly suspicious, chapter in the Stanford drama.

The maddeningly complex character of Allen Stanford's operations as the Financial Times revealed, and what role other giant banks including Bank Julius Baer, Credit Suisse and HSBC, which acted as SIB's correspondent bank for all European deposits played in the affair, may never be unraveled if he cannot stand trial.

In this respect, a permanent "inability to recall the recent past" induced by federal prison authorities may be just what the doctor ordered.