Litigation Support – White Collar Fraud Investigation – Corporate Fraud Investigation

The trial for Samuel “Mouli” Cohen, which was scheduled to begin on September 19, 2011, is now set to begin on October 17, 2011.  Jury selection will begin on October 13, 2011. The trial will be held in San Francisco before Judge Charles R. Breyer.

As previously reported, in August 2010, federal prosecutors in California unsealed a criminal indictment charging Samuel “Mouli” Cohen of 19 counts of wire fraud and 13 counts of  “engaging in Monetary Transactions in Criminally Derived Property.”  The charges stem from allegations that Cohen defrauded over 55 investors, including actor Danny Glover, out of more than $30 million with claims that his company was about to be acquired by Microsoft Corp.

In August 2011, federal prosecutors added three counts of tax evasion for signing “false and fraudulent U.S. Individual Tax Return(s)” for the years 2005, 2006 and 2007 (see Mouli Cohen’s Superseding Indictment).

The government has filed a list of 34 witnesses that could be called to trial, many of which appear to be victims of Cohen’s scheme.  Prosecutors have also supplied a  list of more than 170 exhibits that could be brought into evidence at the the trial which include bank account records, tax records and emails.

According to information on the Federal Bureau of Prisons website, Cohen is currently being held at the Metropolitan Detention Center in Los Angeles, however, on August 26, 2011 Judge Breyer signed an order setting bail at $10 million and setting certain conditions upon release.  Update: Cohen met the conditions of his bail and was released on Tuesday, September, 20, 2011.

Cohen, who is required to have armed security guards throughout the period of his release, had to advance $80,000 to the security guard company to provide 24 hour security from the time of release through the end of October.

Cohen is required to wear a GPS device, is not allowed any communication except through a land-line phone and is bound to his wife’s residence at all times except to travel to the offices of his attorney or to Court.

As previously reported on this website, there were numerous “red flags” in Cohen’s background that should have been cause for concern for any investor prior to his arrest in August 2010.

Previous Posts on Samuel “Mouli” Cohen:

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

A frequently asked question on the Internet is “What does a private investigator do?” People typically envision a stereotypical fedora- and trench coat-wearing, wisecracking, cigar-chomping “old school” street detective. In reality, though, a private investigator is typically hired by businesses, law firms or individuals to obtain specific fact-based information to help them make more informed decisions.

But what does a private investigator really do?

1 Find Facts

Making decisions based on certain rumors, misconceptions, preconceived notions or a “gut feeling” can be extremely risky. Private investigators can provide in-depth, fact-based information from an array of various resources and certain skill sets that are not always available in the public record. In addition, experienced investigators have unique analytical thinking capabilities which are needed in problem-solving situations.

2Identify Risks

Whether you are in business negotiations, contemplating an investment vehicle or hiring an employee, each situation has its own set of risks, both in capital and reputation. Investigators are both trained and experienced in identifying either red flags or damaging issues that may be useful to know before relationships are established.

3Provide Peace of Mind

A suspicion of a subject’s prior issues can cause anyone to lose sleep.  In this situation, an investigator can provide the necessary information beyond the handshakes and resumes. An investigator can corroborate certain facts or details that could not have been verified elsewhere. The objective of any investigation is to provide the facts (good or bad).  The most rewarding cases are the ones where we are able to verify the subject’s information and can give our clients back the peace of mind they were seeking.

4See the Big Picture

Some of the most successful entrepreneurs in the world today have credited their successes to following their passions and instincts. However, having someone in your corner to provide you specific information in order to hedge your own abilities is reassuring. An investigator can view the situation objectively and provide an alternative viewpoint to the matter at hand.

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

There are many things to consider when a law firm is hiring a private investigator.

Below is a guide to some best practices.

Licensed and Insured

There has been a troubling trend of unlicensed private investigators, so the first thing that a law firm should do is confirm licensing status with the local regulatory body.

In the United States, 43 of the 50 states have statewide licensing requirements for private investigators/private detectives.

As of June 2011, there are no licensing requirements in Colorado, Idaho, Mississippi, South Dakota or Wyoming; Alabama and Alaska have requirements in certain cities.

Prior to commencing an assignment, the law firm should request proof of liability insurance to protect the firm in case something does go wrong.

Communicate Your Needs

It is critical to communicate to the private investigator as much information as possible from the outset, no matter how minute the details may be.

It is also important for the law firm to understand what information is potentially attainable and what may not be, within the confines of the law.

Subject Matter Expertise

The private investigator should have subject matter expertise relating to the situation at hand.

If the investigation calls for surveillance, finding a witness, intelligence gathering, due diligence investigation, comprehensive background investigation, asset investigation or an expert witness background investigation, a private investigator should be able to provide the law firm with examples of previous work done on similar matters.

Establish a Budget and Deliverables

The private investigator should prepare a descriptive agenda of your objectives and what efforts the investigative firm will make to accomplish those goals.

The investigation should be conducted in stages, with deliverables provided upon completion of each stage, so the law firm can have a measuring stick to gauge the progress of the assignment.

Engagement Letter

Included in the engagement letter should be an indemnity agreement in case the private investigator engages in professional misconduct or violates the law.

Additionally, the scope of the work, the agreed-upon budget, any agreed-upon retainer agreement and a termination clause should be included in the engagement letter.

Documentation of the parameters in an engagement letter can alleviate future disputes over objectives, timing and fees.

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

Finding creative ways to locate hidden assets is no easy task; there are literally hundreds of ways to hide assets, such as stashing them under the mattress, prepaying an existing mortgage or buying a stamp collection and putting it in a safe deposit box.

Locating hidden assets under the mattress or finding that stamp collection is no easy task, but there are legal and legitimate ways to locate hidden assets that you may not have thought of before:

  • Surveillance – Follow anyone for a few days and you can find out quite a bit about them: where they eat, the people they meet, where they work and with whom they associate. It can also lead you to a yacht registered in the Cayman Islands, a vacation home listed in a relative’s name or a business that you didn’t know about.
  • Dumpster Diving – Depending on local laws and regulations, someone’s trash may be a perfectly legal and legitimate way to find bank statements, financial records or other records that can lead you to significant assets. It may be a little messy, but this may be the most effective (and legal) way to get financial details.
  • Interviews – As we chronicled earlier, there are numerous open sources/public records that can be reviewed and analyzed to find assets. In some cases, however, you may need to take it a step further and conduct interviews. Former business partners, opposing parties in litigation, former neighbors or co-workers may provide clues to locate hidden assets.
  • Business Affiliations – The individual for whom you are trying to locate hidden assets may not have any assets held directly in his or her name, but he or she may be holding assets under a corporate veil to insulate himself or herself or hide the assets from prying eyes. In addition to searching for corporate affiliations of the party you are looking into, corporations can be set up under the names of family members or close business associates, or in states such as Delaware where you can maintain anonymity.  In a recent case, we identified more than $3 million in government contracts that were recently awarded to an entity related to the subject company.
  • Family Members or Business Associates – In order to shield assets, parties who are in financial trouble may try to “park” hidden assets with immediate family members, close business associates or even distant relatives until the dust settles. In doing so, they can mask their true net worth with “trusted” associates until the coast is clear.
  • Overseas Assets – Parking assets overseas is a common way to hide assets. While banking regulations overseas may prohibit you from legally obtaining bank records, items such as real property, boats, corporations or, in some cases, income tax records may be publicly accessible. Before you get too excited, there is no comprehensive way to search for assets overseas. Knowing where to look, and the specific countries the party may be linked to, will be the keys to successfully identifying any assets held overseas.

This post is part of a series of posts titled The Anatomy of an Asset Investigation.

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

The other side of identifying assets is determining what the other party’s current or potential liability may be. Perhaps you have identified a $2 million residence on Lake Tahoe, but it doesn’t do you any good if there are $3 million in outstanding loans or that the party owes millions of dollars in back-taxes to the government. (Rest assured, the government will be in line ahead of you to collect their money!) 

 So if you have found the assets, the next step is to understand the outstanding liabilities, or potential liabilities that may be down the road.

Civil Litigation

The key here is to identify any ongoing state or federal litigation that the party may ultimately be liable for. Recent or historical litigation may also provide a clue as to the mode of operation for the individual or business – if they are likely to settle or if they may be dragging things out for years.

Bankruptcy Filing

For obvious reasons, knowing if a party has already filed for bankruptcy would be a key part of your decision whether it’s worth pursuing legal means to retrieve assets. If the individual or business has a history of filing for bankruptcy, this may be a clue for the future.

Judgment and Lien Filings

Recent court judgments or state/federal tax liens may be a sign that financial trouble is very near. A history of judgments or liens may a glimpse of what may come down the road.

UCC Filings

In general, Uniform Commercial Code filings are made against a property to create a lien to secure private financing. Before you get too excited about that $200,000 piece of equipment that you have found in the opposing party’s possession, you should check with the appropriate Secretary of State to see if the equipment has been used as collateral in any financing agreements.

Property Liens

It’s great that you are aware of multiple properties owned by the party, but if those properties are highly leveraged, you are going to have a difficult time getting anything.This post is part of a series of posts entitled The Anatomy of an Asset Investigation. Our next post delve into some ways of identifying hidden assets that you may not have though of.

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

Ask anyone how to find assets and the most likely answer you will get is “in the bank.” As we chronicled in a previous post titled Can a Private Investigator Get Bank Records or Account Information?, unless you are willing to break the law (or hire someone to break the law on your behalf), obtaining bank or financial records is completely off-limits unless you have either proper authorization or a court order.

Have no fear! Bank records are not the only source to find assets. There are many public record sources that you can also use to find assets.

Here is a list of the 13 most useful public records to find assets:

1Real Property

Property is typically the most significant asset that an individual will ever purchase. Not only can you find the main residence an individual calls home, but you can also identify land adjoining their main residence, out-of-state vacation homes and vacant land in the middle of nowhere.

2Motor Vehicle Registrations

Motor vehicle registrations will not only reveal what car he or she is currently driving, but you may also even find a motorcycle, a classic automobile or even an expensive car collection.

3Watercraft Registrations

Small watercraft or boats are typically registered in a state, but larger, more expensive boats must be registered with the US Coast Guard.

4Aircraft Registrations

All aircraft must be registered with the Federal Aviation Administration and can be registered by either individuals or companies.

5UCC Filings

UCC filings are public information and are filed with the respective secretary of state. UCC filings are typically backed by some sort of collateral that may include expensive equipment, business proceeds from a corporation you were not aware of or even a priceless art collection

6Civil Litigation

State or federal civil litigation may identify a significant financial award, a settlement from a former business partner or a class-action lawsuit that could disclose extensive stock holdings.

7Divorce Proceedings

While not all divorce filings are publicly available in every state (e.g., New York), divorce filings are available to the public in several of the most populous states including Connecticut, California and Florida. Typically, divorce filings contain a statement of assets that includes details of bank account holdings, retirement funds, a rare coin collection or priceless artwork.

8Probate Filings

An inheritance from a wealthy distant relative or a well-to-do grandparent can be identified in local probate filings. Identifying key family members and distant relatives who recently passed away can lead you to a significant inheritance.

9Corporate Filings

Ownership in a corporation, a limited liability company or a limited partnership may be the key to identifying assets not held directly in the party’s name. With private companies, it may be difficult to fully understand the value of the business because detailed financial information is not typically available on private entities. However, the business may also have real property, vehicles, equipment or patents registered in the individual’s name.

10SEC Filings

Publicly traded companies are required to make certain disclosures that private companies are not. These disclosures may include stock options to executives, significant stock holdings by third parties, compensation agreements or even independent contractor agreements with outside parties.

11Patents and Trademarks

While a party may not hold any significant “real” assets, he or she may hold a patent or trademark that could potentially be worth millions.

12Nonprofit Entities

You may not think of a nonprofit when you are thinking about assets. However, money may have been diverted to a nonprofit that is funneling money back to the target individual through expense payments or salary payments, such as the recent allegations against Greg Mortenson, author of Three Cups of Tea, who is allegedly using his nonprofit, the Central Asia Institute, as a “private ATM.”

13Small Business Retirement Funds

If the party you are looking into owns a business, he or she may have stashed a large portion of their earnings or assets into the company’s retirement plan. Small businesses are required to file an annual Form 5500 with the IRS that provides information about the plan, assets and its operation.

This post is part of a series of posts titled The Anatomy of an Asset Investigation. Our next post will discuss the other side to finding assets – how much do they owe?

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

There are hundreds of reasons why you might consider hiring a private investigator to locate assets. Here are the 10 most common reasons clients contact us to locate assets:

1Prior to Filing Litigation

In preparing to file litigation against a party, the ultimate success of the case depends on whether the opposing party can pay for the damages. Prior to spending thousands of dollars in legal fees, you are better off understanding if the party has adequate assets to cover the potential damages.

2During the Course of Litigation

So you didn’t hire a private investigator to locate assets prior to filing litigation and now the opposing side is claiming poverty. A detailed asset search may confirm or deny the existence of any real assets or any hidden assets that may have been transferred to related parties.

3New Investment

One of the biggest red flags indicating an investment fraud is an investment manager living beyond his or her means. That oversized boat and expansive home may be an indication that the manager is taking an oversized “paycheck” from the proceeds due investors.

4Due Diligence

During the course of conducting a due diligence investigation on a possible acquisition, the party may have some reported assets, but do you know how much those assets are really worth or where the assets came from?

5Internal Corporate Investigations

Do you suspect that one of your employees is embezzling money or accepting kickbacks?  That money has to go somewhere, and it may be going into a newly built vacation home on the beach.

6Lending Money

Prior to a financial institution or private party providing a loan, identifying assets to support the financial health of the party may be the key to recovering assets down the road if the deal goes bad.

7Divorce Proceeding

While it may not always be the case, in some instances, joint assets may have been acquired without the other party’s knowledge.

8Judgment Recovery

Getting a court-ordered judgment is the first step, but then there’s finding the party from which to collect the judgment and actually receiving the proceeds from the judgment. Those are not always so easy.

9Leverage in Negotiations

Understanding the financial health of the party you are negotiating with may ultimately mean a favorable settlement. If you know that the other party was in serious financial trouble, you may want to consider settling quickly.

10Executive Background Screening

A newly hired executive living beyond his or her means or experiencing financial difficulties may raise a significant red flag warning of potential fraud down the road. A recent study by the Association of Certified Fraud Examiners showed two key warning signs of occupational fraud are living beyond one’s means (43 percent of cases) and experiencing financial difficulties (36 percent of cases).

This post is part of a series of posts titled The Anatomy of an Asset Investigation. Our next post dives into some open source records that you can utilize to find assets.

Your turn.  What are some of the reasons that you would want to locate assets?

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!

Enjoyed What You Read?

Join 2,000+ others to get insider tips and tricks delivered to your inbox from what has been voted the best blog in the investigative industry!