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Showing posts with label JP Morgan. Show all posts
Showing posts with label JP Morgan. Show all posts

Saturday, March 5, 2016

The cost of Government Sponsored Addiction





GAMBLING addict who embarked on a three-month shoplifting spree that netted her more than £8,000 of goods has avoided a jail sentence.


According to the Massachusetts Council on Compulsive Gambling, more than 400,000 people are dealing with a gambling addiction in Massachusetts ...

A son who blamed his mum for his gambling addiction after she 'abandoned' him in care for five years revealed he had lost £70,000. Appearing on the ...

An Auckland receptionist who stole more than $1million from her company to fund her gambling addiction is headed to jail for almost five years.

Meals on Wheels employee blew $150k of dinner money on pokies



House arrest in Enderby Super Save theft

A Splatsin band member from Enderby will serve his sentence for theft over $5,000 in the community.
Supreme Court Justice Beames agreed with defence lawyer Juan O’Quinn’s submission that Donald Jeffrey Thomas, born in 1972, be given a two years less a day conditional sentence for stealing more than $272,700 while he was the manager of the former Super Save Gas Station in Enderby, which burned to the ground in November 2012.
Thomas was convicted by a 12-person jury in December and was sentenced in B.C. Supreme Court at the Vernon Courthouse Friday afternoon.
“Serving the sentence in the community will give Mr. Thomas an opportunity to be punished and to show his community that what he did was wrong,” said O’Quinn. “He can go back and show his community that he will live up to his responsibility.”
Crown lawyer Kevin Marks sought a two-year jail sentence in a federal penitentiary, pointing out that, as manager of the gas station, Thomas stole $272,710 over nearly two years by falsifying records, showing how much cash had been put into the ATM machine at the gas station.
Marks said close to $289,000 was discovered deposited into bank accounts in Thomas’ name at the same time.
The theft was discovered when a new Splatsin board demanded a financial audit and analysis of the gas station.
In passing sentence, Beames said Thomas’ crime had serious repercussions on the Splatsin community, saying the money he stole could have been used for various band programs, rather the funds were diverted to his bank accounts.
“His victims are many,” said Beames, who heard four victim impact statements.
She also received close to 25 letters of support for Thomas from community members – though not all community members, she acknowledged – who said Thomas was a “good guy” and a “vital part of the Splatsin community.”
She also heard how Thomas was abused as a child and committed the crimes to fund a gambling addiction.
“To his great credit, Mr. Thomas completed his GED and other courses which qualified him to be a chef, a paralegal and a hairdresser,” said Beames.
There was no evidence presented during Thomas’ two-week trial that he was living a high or luxurious lifestyle during the theft time period other than feeding his gambling addiction.
He had no prior related criminal record, though court did hear that Thomas had two impaired driving charges.
Given a chance to address the court, Thomas said simply, “The only thing I am sorry for is what my community has gone through.”
Marks said a conditional sentence would not act as a deterrent or denounce his crime, but Beames said, in her view, a conditional sentence order is “strong and effective when the offender resides in a small community, where the community will watch to make sure he complies and will report breaches.”
“There is no time off for good behaviour or early release for parole,” said Beames.
Thomas will serve the first 12 months of his conditional sentence on house arrest, meaning he can only leave to go to and from work, and must complete 200 hours of community service work by Feb. 28, 2018.
The second 12 months will feature curfew where Thomas must be inside his home from 8 p.m. to 7 a.m. except for work.
Upon completion of the conditional sentence, Thomas will be placed on three years probation and must perform another 100 hours of community service by Feb. 28, 2020.
Thomas was also ordered by Beames to pay restitution to Quilakwa Investments Ltd. –  a Splatsin group that owns the gas station – $272,710.
“Mr. Thomas, I said you have done a lot which is to your credit and by imposing this conditional sentence order, I’m putting faith in you that you continue to do things to your credit and the credit of the community, and make right the wrongs you have committed,” said Beames. “I wish you luck.”
http://www.vernonmorningstar.com/news/371119791.html



Ex-JPMorgan FA Faces Up to 10 Years for Embezzlement and Fraud

March 4, 2016
New York federal prosecutors are seeking eight to 10 years in prison for a former JPMorgan advisor who stole more than $20 million to fund a gambling habit, Law360 reports.
Michael Oppenheim pled guilty in November to stealing money from 10 of his largest customers in a scam that stretched back to 2008, Bloomberg reported last year.
His attorney at the time argued that his client’s gambling addiction led to the criminal misconduct, the news wire wrote.
Prosecutors alleged that Oppenheim, who was fired from JPMorgan last April, persuaded customers to withdraw money that he said he would invest in low-risk municipal bonds but instead used cashier’s checks to fund his own accounts outside the bank and spent it on sports gambling, online trading and paying his bills, Bloomberg wrote.
He then allegedly falsified account statements to cover up the scam, according to the news wire.
Oppenheim made a plea deal in November for a sentence of no more than 10 years, although the two charges of securities fraud and embezzlement he pled guilty to carried a maximum sentence of 50 years, according to the news wire.
“I wish I would have been caught sooner,” he said at the time, while his attorney said Oppenheim had been seeing a psychologist for his gambling addiction, according to Bloomberg.
This week, prosecutors argued that his condition did not excuse the fraud, according to Law360.
By Alex Padalka

Friday, October 19, 2012

Tribal Gaming Enterprise Held Ineligible to File for Chapter 11



From: NoPlainvilleRacino

Tribal Gaming Enterprise Held Ineligible to File for Chapter 11



by Cadwalader - Financial Restructuring
9/25/2012

Posts by Scott J. Greenberg, Michael J. Cohen, Jeffrey H. Taub

Since the passage of the Indian Gaming Regulatory Act in 1988, casinos owned by Native American tribes have proliferated across tribal lands and have generated billions of dollars in revenue annually. While casinos such as Mohegan Sun and Foxwoods are among the largest and well-known tribal casinos, over 60 exist in the State of California, where many dozen small properties have sprung up throughout the state in recent years, in some cases built in part with the proceeds of high-yield bond debt. This recent growth spurt juxtaposed with the prolonged downturn in consumer spending has clearly demonstrated that numerous tribal casinos, like their mainstream competitors, are overleveraged and need to restructure their financial obligations in order to sustain their operations.

But restructuring a tribal casino differs significantly from the typical casino restructuring. Creditors of non-tribal casinos can use the threat of foreclosure and involuntary bankruptcy to influence negotiations that include outcomes such as creditors receiving equity in the restructured casino in exchange for their claims, subject to regulatory approvals or appropriate structuring. However, a tribal casino’s creditors cannot take a lien in tribal property; thus, their collateral is usually limited to personal property and their remedy-enforcement options are correspondingly limited. In light of a tribal casino’s potential assertion of the sovereign immunity defense, even in cases where credit documents include seemingly adequate waiver language, these remedy-enforcement limitations also extend to the forum and manner in which creditor can exercise such remedies.

Under the unique and somewhat unclear legal landscape in which tribal casinos operate, many tribes have wielded the threat of sovereign immunity or have rested on the leverage inherent in the limited remedy-enforcement options available to their creditors. Despite such assertions of leverage, nearly all tribal gaming issuers have reached consensual restructuring agreements with their bondholders in recent years. Notable deals include, not only Mohegan Sun, but also smaller tribal casinos such as the Chukchansi Gold Resort and Casino, the River Rock Casino and the Buffalo Thunder Casino Resort.

However, the case of the Santa Ysabel Resort and Casino (the "Casino"), operated by the Iipay Nation of Santa Ysabel (the "Tribe”) is an exception to this trend. While the Casino sought to consensually resolve the modest debt on its balance sheet, in the absence of a deal, the Casino ultimately filed for bankruptcy under chapter 11.

In a significant development that provides some clarity on the legal issues pertaining to tribal gaming enterprises, on September 4, 2012, Chief Judge Peter W. Bowie of the Bankruptcy Court for the Southern District of California dismissed the Casino’s chapter 11 case , holding that the Casino was not eligible to be a debtor under the Bankruptcy Code. The court rejected the Casino’s argument that it was an eligible debtor because it was an unincorporated company that falls within the Bankruptcy Code’s definition of corporation and held that the Casino did not bear the characteristics of an unincorporated company because it could not identify when the entity was created. Instead, the court noted that under the Casino’s theory the unincorporated company would have “just sort of [come] up as vapors from the ground after the mist lifts.”
Background

In 2005, the Tribe borrowed approximately $26 million from JP Morgan Chase Bank N.A. and approximately $7 million from the Yavapai Apache Nation (“YAN”) to finance the construction of a resort and casino on tribal land in San Diego County, California (the “County”).

As is typical for tribal casinos situated within the bounds of California counties, the Tribe entered into a memorandum of understanding with the County under which the Tribe paid the County for law enforcement and other similar services.

Due to higher than expected construction costs, only a casino and restaurant were built. In 2009, the YAN purchased JP Morgan’s note, making it the Tribe’s largest creditor. Subsequently, the Tribe failed to make scheduled loan payments and the YAN obtained several judgments in tribal court against the Tribe totaling approximately $43 million which were subsequently recognized in California state court. The Tribe also stopped making the monthly payments due to the County under the memorandum of understanding, and, in May, 2012 the County levied upon the Tribe’s bank account. Faced with a threatened foreclosure action from the YAN, the Casino filed for bankruptcy protection on July 3, 2012. In the declaration submitted in support of its first day motions, the Casino stated that it was an unincorporated company owned by the Tribe.

Motion to Dismiss

On August 8, 2012, the YAN moved to dismiss the Casino’s bankruptcy case, arguing that the Casino did not exist independently from the Tribe and that the Tribe itself was not eligible to be a debtor under the Bankruptcy Code. The YAN argued that Bankruptcy Code section 109 limits eligibility to a “person” and a limited amount of specifically listed entities (that did not apply to the Casino). Section 101(41), in turn, provides that the term person includes individual, partnership, and corporation, but does not include governmental unit. Section 101(27) provides that a governmental unit is a “foreign or domestic government.” The YAN argued that the Ninth Circuit had already determined that Indian tribes are governmental units for the purposes of waiving sovereign immunity under Bankruptcy Code section 106. Accordingly, the YAN argued that the Tribe was also a governmental unit for the purposes of section 109 and was specifically excluded from being a debtor under the Bankruptcy Code.

The YAN also argued that the Casino was not an unincorporated company. Although not defined in the Bankruptcy Code, the YAN cited case law from the First Circuit that requires the entity in question to (i) consist of multiple persons joining together and (ii) provide some form of limited liability for its members. The YAN argued that because the Casino was wholly owned and operated by the Tribe, the Casino could not be an unincorporated company. Additionally, the YAN argued that in its prior dealings with the Tribe, the Tribe never held the Casino out as a separate legal entity. The YAN noted that (i) the Tribe had made several representations and covenants in the loan documentation indicating that it was the sole owner of the casino, (ii) the Indian Gaming Regulatory Act requires an Indian tribe to have the sole proprietary interest in any gaming activity, (iii) the Tribe’s gaming compacts with the State of California and the County of San Diego both required the Tribe to own the gaming operations, (iv) numerous Tribal resolutions described the Tribe as the entity with the sole proprietary interest in and responsibility for the gaming operations and (v) proposed debtor’s counsel had signed an engagement letter with the Tribe – not the Casino.

Accordingly, the YAN argued that the Casino was not a separate entity and the case should be dismissed.

In its response, the Casino stipulated that, if the court found that the Casino was not a separate entity, the court should dismiss the case. However, based on a synthesis of case law from the Second, Third and Seventh Circuits, the Casino argued for an expansive interpretation of the term “unincorporated company” that would include any entity where many people engaged in a business under a common name. The Casino argued that it would fall within this definition because its employees were in the pursuit of a common business objective of operating the Casino and that it operated with its own management and decision-making structure. Additionally, the Casino argued that loan documents were not dispositive because at the time the loan documents were executed, the Casino had not yet begun operations and that the Casino could operate the gaming operations without violating IGRA or the Tribe’s compacts even though the Casino was a separate entity.

On September 4, the bankruptcy court convened a hearing on the motion. In a brief ruling from the bench, the court held that the Casino had not met its burden of proving that it was an eligible debtor.

The court held that the mere fact that the Casino’s employees were acting in concert under a common name was insufficient to create an unincorporated company particularly because nothing in the Casino’s structure provided the employees with limited liability. Additionally, the court noted the importance under bankruptcy and non-bankruptcy law of parties understanding the structure of the entity that they contract with and that entities that wish to achieve the objective of a particular structure should have some characteristics of that structure. However, the Casino had not engaged in any specific activity that would put other parties on notice that it was a separate entity. As a result, the court held that the Casino had not established it was an unincorporated company that was eligible to be a debtor.

Conclusion

Although many practitioners and investors in the gaming sector observing the Santa Ysabel case had hoped for a broad decision on debtor eligibility as applied to Indian tribes and casinos, the court’s decision in Santa Ysabel was narrower in scope in light of its extensive reliance on the unique facts of the case – including the Casino’s lack of formal corporate structure and the Tribe’s prepetition actions. These circumstances led the court to conclude that the Casino was not a separate entity. It remains to be seen whether another court would find that a more sophisticated tribal gaming enterprise whose casino operations are held in an entity with attributes more akin to a traditional corporation could be viewed as separate from its tribe and thus eligible to file for chapter 11 under the Bankruptcy Code.
[View source.]

http://www.jdsupra.com/legalnews/tribal-gaming-enterprise-held-ineligible-76029/

Thursday, May 24, 2012

'JPMorgan Runs The World's Largest Gambling Operation'


Ever notice how the irresponsible financial decisions that got us into this economic disaster are always compared to Gambling and Gambling Addiction?




Leadership
5/23/2012                            

Mo. Prof.: 'JPMorgan Runs The World's Largest Gambling Operation'

NEW YORK, NY - MAY 03:   JPMorgan Chase & Co. ...
JPMorgan Chase Chief Jamie Dimon: Addicted to gambling?

A law and economics professor at the University of Missouri-Kansas City is blasting JPMorgan Chase and its top executives for making huge gambles on risky derivatives, which resulted in the bank’s recently revealed $2 billion-plus in trading losses.

Writing on the “The Big Picture” blog of Barry Ritholtz, a financial columnist and former lawyer who often takes provocative positions, Prof. William K. Black says that JPMorgan has admitted its gambling addiction in stories it has told to the mainstream press, including a front-page piece in last Sunday’s New York Times that I wrote about yesterday.

http://www.forbes.com/sites/susanadams/2012/05/23/mo-prof-jpmorgan-runs-the-worlds-largest-gambling-operation/

Monday, July 4, 2011

Reshuffles of Bankrupt Vegas Casinos

Familiar faces stay despite overhauls
Howard Stutz INSIDE GAMING

The near financial collapse of several Las Vegas-based gaming companies didn't shake the system.

Gaming revenues in the Las Vegas locals market have spiraled downward some 15 percent since 2008, pushed by the recession, record unemployment, a declining housing market and the diminished construction industry.

The lost business compounded the already shaky corporate financial structures that several casino operators brought upon themselves through leveraged buyouts, development projects or other ill-timed decisions.

Creditors and banks, however, didn't want to run the casinos.

For the most part, debt was restructured and financing was acquired. Management, however, remained in place.

That's why it's not shocking that George Maloof will continue to operate the Palms.

Maloof's ownership in the 1,300-room off-Strip hotel-casino will drop from 85 percent to 2 percent once gaming regulators approve a restructuring of $400 million in debt. The casino's creditors, investment firms TPG Capital and Leonard Green & Partners, will each own 49 percent of the property.

Without Maloof's marketing skills and vision, the Palms is just another attractive Las Vegas casino. The private equity firms are banking on Maloof keeping the Palms on track while the economy recovers.

The same scenario holds true for Station Casinos. The company emerged from bankruptcy last month largely intact.

Creditors had ample opportunity through bankruptcy to dump the founding Fertitta family and break up the 18-casino company. Boyd Gaming Corp. stood ready to acquire all or part of Station Casinos during the restructuring proceedings. Regional gaming operator Isle of Capri Casinos was prepared to manage several of the company's resorts on behalf of the lenders.

In the end, the banks and unsecured bondholders decided to stick with brothers Frank Fertitta III and Lorenzo Fertitta and their existing management.

The Fertittas put $200 million into the deal and own 45 percent of the new company, their largest stake ever. When Station Casinos was publicly traded, the Fertittas held 9.9 percent. Following a $5.4 billion deal to go private in November 2007, the Fertittas had 25 percent.

But the brothers are not in control. It's presumed Deustche Bank AG (25 percent), JP Morgan Chase & Co. (15 percent) and the former bondholders (15 percent) would vote as a bloc on any matter.

The lenders forgave $4 billion of the company's previous $6 billion in debt through restructuring. So it's likely they have the Fertittas on a leash. How long or short is anyone's guess.

The lenders are wagering that the Fertittas and their management team will do what they have done best -- operate the casinos. Before the economy fell apart, the Fertittas were known as decent managers.

That's what the debtholders want to see again, which is why Southern Nevadans have been inundated with the company's "We Love Locals" advertising campaign and a hefty promotional environment. Station Casinos is trying to win back the love of the consumer.

Same with M Resort.

Anthony Marnell III and his family spent close to $1 billion to build M Resort, opening the stylish property during the heart of the recession. The first few months -- helped by a heavy promotional effort -- provided a false sense of security.

Penn National Gaming bought M Resort's $860 million in debt for $230.5 million, a nearly 75 percent discount, less than two years after the resort opened.

At first, it seemed Marnell was out of the picture. Penn executives, however, liked the way he ran the property and gave him a reported five-year deal to serve as the casino's president. Marnell told Nevada gaming regulators he was negotiating with the company for an equity position in M Resort.

Herbst Gaming is the only troubled company that didn't follow the model.

The Herbst brothers, facing $1.15 billion in debt, proposed keeping 90 percent of their slot machine route business while giving creditors 100 percent of the company's casinos. The noteholders objected and the bankruptcy court approved a reorganization that gave senior lenders control of the entire company. The brothers were removed and Herbst Gaming is now Affinity Gaming.

Recently, family patriarch Jerry Herbst formed a slot machine route business -- JETT Gaming -- with the idea of reclaiming the slot machine operations at his company's Terrible Herbst convenience stores.

The more things change, the more they stay the same.