Tag: DiPascali

Ex-Madoff Finance Chief Frank DiPascali Pleads Guilty

bars-dipascali

Frank DiPascali, the finance chief at Bernard Madoff’s investment advisory business, pleaded guilty to helping his boss carry out a $65 billion Ponzi scheme. DiPascali pleaded guilty to 10 counts, including conspiracy, fraud and money laundering. DiPascali has been cooperating with prosecutors, explaining how he and others helped Madoff defraud investors by using money from new clients to pay earlier ones at Bernard L. Madoff Investment Securities LLC.

Maybe we will get some insight into how the fraud began and what sent Madoff and DiPascali over to the dark side. The crime is done and the victims have lost. I am hoping to get some insight into the fraud so we can apply those lessons going forward.

In addition to the criminal proceedings, the Securities and Exchange Commission also filed a complaint against DiPascali. He has consented to a proposed partial judgment, which would impose a permanent injunction against him. The part DiPascali did not consent to were the issues of disgorgement and a financial penalty which will be decided at a later time.

The judge denied a bail request by prosecutors and DiPascali’s lawyer, who argued that sending him to jail would hamper his cooperation in the investigation. He is expected to provide prosecutors with a road map of those in the Madoff inner circle who were involved in the scheme that swindled investors out of an estimated $64.8 billion.

References:

DiPascali to Plead Guilty as Madoff’s Accomplice

Frank-DiPascali

Frank DiPascali, the finance chief at Bernard Madoff’s investment advisory business, is being charged with 10 crimes related to his boss’s $65 billion Ponzi scheme.

Nobody thinks Madoff was acting alone in his scheme. They already arrested Madoff’s auditor, David G. Friehling.

U.S. Attorney Lev Dassin posted the charges today in a one- page filing on his Web site. DiPascali faces up to 125 years in prison on all the counts. Prosecutors will detail the charges DiPascali will admit before U.S. District Judge Richard Sullivan later today. In a letter to the judge on Aug. 7, Dassin said DiPascali is expected to waive his right to an indictment and plead guilty to charges contained in the information.

Here are the charges against DiPascali:

Count Charge Maximum Penalties
ONE Conspiracy 5 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution.
TWO Securities Fraud 20 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $5,000,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution.
THREE Investment Adviser Fraud 5 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $10,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution.
FOUR Falsifying Books and Records of a Broker Dealer 20 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $5,000,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution.
FIVE Falsifying Books and Records of an Investment Adviser 5 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $10,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution.
SIX Mail Fraud 20 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution.
SEVEN Wire Fraud 20 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $250,000 or twice the gross gain or loss; mandatory $100 special assessment; restitution.
EIGHT International Money Laundering To Promote Specified Unlawful Activity 20 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $500,000, or twice the value of the monetary instruments or funds involved, or twice the gross gain or loss; mandatory $100 special assessment; restitution.
NINE Perjury 5 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $250,000, or twice the gross gain or loss; mandatory $100 special assessment; restitution.
TEN Federal Income Tax Evasion 5 yrs. imprisonment; 3 yrs. sup. release; fine of the greatest of $250,000 or twice the gross gain or loss; costs of prosecution; $100 special assessment.

References: