Showing posts with label Bloomberg. Show all posts
Showing posts with label Bloomberg. Show all posts

Tuesday, April 10, 2012

Rothstein Lawyer Charged With Illegal McCain Campaign Gifts - Bloomberg

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A former associate of convicted Ponzi schemer Scott Rothstein was charged with illegally helping their law firm become the largest contributor to the presidential campaign of Republican John McCain in 2008.

Attorney Steven Lippman, 49, was charged with conspiring to help Rothstein’s defunct law firm, Rothstein, Rosenfeldt & Adler, illegally “bundle” contributions to McCain’s losing campaign against President Barack Obama. He’s also accused of conspiring to draw checks on accounts with insufficient funds and to evade taxes.

Lippman is the eighth person accused of helping Rothstein, a disbarred attorney serving 50 years in prison for the $1.2 billion Ponzi scheme he ran out of his law firm in Fort Lauderdale, Florida. Rothstein pleaded guilty to racketeering, money laundering and wire fraud in federal court in Fort Lauderdale, where Lippman and the others were also charged.

“The breadth, scope, and sheer complexity of Rothstein’s $1.2 billion Ponzi scheme is mind-boggling,” U.S. Attorney Wifredo Ferrer said today in a statement. “Its success depended, in no small part, on the complicity of his colleagues and associates, like Steven Lippman.”

Prosecutors charged Lippman, a shareholder at RRA with no equity stake, with helping to “dramatically increase the political influence and power” of the firm by serving as a straw donor who was illegally reimbursed for his contribution.

“The charges speak for themselves,” Lippman’s attorney, Bruce Zimet, said in a phone interview. “All of these acts do not relate to the Ponzi scheme. Though they may have had some effect on it, he was not a participant in the Ponzi scheme.”

McCain, a Republican senator from Arizona, donated all Rothstein contributions under his control to charity when the fraud allegations first came to light in November 2009, spokesman Brian Rogers said in an e-mailed statement.

The law firm reimbursed Lippman with money and by paying for home renovations, patio furniture, a golf membership and a $134,000 Maserati, according to a charge filed today. He faces as many as five years in prison.

Rothstein admitted in 2010 that he persuaded wealthy investors to buy stakes in what he said were payouts from settlements of sexual-harassment and workplace discrimination cases. The cases were fabricated, using forged documents and ruses such as having an accomplice pose as a bank officer.

The scheme fell apart over Halloween weekend in 2009 when Rothstein couldn’t lure enough new investors to pay earlier ones. After fleeing to Morocco, Rothstein returned to the U.S. He pleaded guilty to racketeering, money laundering and wire fraud.

Rothstein was known for what he called his “rock star” lifestyle. He was married in the Versace mansion in Miami Beach -- Florida’s then-governor Charlie Crist was a guest -- and his car collection included a Rolls-Royce, a Bugatti, two Lamborghinis and a Maserati.

In February, Toronto Dominion Bank (TD) agreed to settle a lawsuit with investors who claimed it aided in the Ponzi scheme. Barron’s and the Miami Herald reported that TD Bank would pay $170 million.

The case is U.S. v. Lippman, 12-cr-60078, U.S. District Court, Southern District of Florida (Fort Lauderdale).

To contact the reporters on this story: Susannah Nesmith in Miami at susannahnesmith@yahoo.com; David Voreacos in Newark, New Jersey, at dvoreacos@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.


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Monday, April 9, 2012

Martin Marietta Hostile Bid Not Valid, Vulcan Lawyer Says - Bloomberg

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Martin Marietta Materials Inc. (MLM)’s bid for gravel-industry rival Vulcan Materials Co. (VMC) should be barred because it violates a confidentiality contract between the companies, a Vulcan lawyer told a judge.

In post-trial arguments today, lawyer William Savitt, representing Vulcan, told Delaware Chancery Court Judge Leo Strine Jr. that Martin Marietta officials wrongly used Vulcan’s non-public information in its hostile $5.5 billion bid.

Martin Marietta “walked right past the contract and launched its own hostile offer,” said Savitt. “Martin has to be held to account.”

Strine told lawyers after the seven-hour hearing that he’d write a decision, then added “I’m not saying when.” He described the case as “a hall of mirrors” that will require extensive analysis.

Martin Marietta argued that the offer isn’t prohibited by the confidentiality agreement between the rock-crushing companies. Robert Zimet, representing Raleigh, North Carolina- based Martin Marietta, told Strine that the language of the contract must be specific.

“We don’t have that here,” he said.

Martin Marietta offered on Dec. 12 to exchange half a share for each share of Vulcan and pay a quarterly dividend equal to 20 cents a Vulcan share.

Strine must decide whether agreements between the companies prohibit Martin Marietta from offering to buy Vulcan’s public shares and soliciting votes for five nominees for its board, according to court papers.

After a weeklong nonjury trial, Strine suggested on March 2 that one remedy might be to block the solicitation for a period of time.

He also said he didn’t think there was “ideal scrutiny on either side” of the potential combination, based on friendly negotiations that took place two years ago. The talks foundered when executives couldn’t decide who would lead the merged company, Strine said.

Combining the companies is “compelling” and would create “enormous shareholder value,” Martin Marietta’s chairman, Stephen P. Zelnak, told the judge during the trial.

Merging Birmingham, Alabama-based Vulcan, headed by Chief Executive Officer Don James, and Martin Marietta, led by CEO Ward Nye “seems to be a natural fit,” Zelnak said.

The mix could result in $350 million in combined cost- savings, according to testimony.

Martin Marietta fell $1.26 or 1.5 percent to $83.83 in New York Stock Exchange composite trading. Vulcan declined 48 cents or 1.1 percent to $42.02.

The case is Martin Marietta Materials v. Vulcan Materials, CA7102, Delaware Chancery Court (Wilmington).

To contact the reporter on this story: Phil Milford in Wilmington, Delaware, at pmilford@bloomberg.net

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net


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