Accounting

SEC v. Michael Weiss: Complaint (Insider Trading-Ernst & Young Clients)

Complaint alleging "insider trading by Defendant in the stock of four Ernst & Young LLP clients or prospective clients made while he was employed as an EY Business Development Director" in U.S. Securities and Exchange Commission v. Michael Weiss at the U.S. District Court for the Southern District of New York.

Sayantani Ghose v. Ernst and Young LLP: Complaint (‘Whistleblower Retaliation’)

Complaint alleging whistleblower retaliation in Sayantani Ghose, described as someone who "contributed enormously to Ernst & Young, LLP for 15 years, moved up the ranks to partner and became an internationally known expert in transfer pricing, only to have her career at EY end because she refused to sign off on transactions that she believed violated tax and securities laws" v. Ernst & Young LLP, described as a Delaware "audit firm" based in New York, at the U.S. District Court for the Southern District of New York.

Ursula Capital Partners LP v. Crowe UK LLP: Complaint (‘Old Akazoo Fraud’)

Complaint alleging "the false written and oral representations made by Crowe that caused Plaintiffs to invest tens of millions of dollars into a company whose supposed business was essentially a complete fiction with fictional revenues, fictional expenses and fictional assets", identified as Akazoo Limited, a.k.a. Old Akazoo, in Ursula Capital Partners LP v. Crowe UK LLP, a British accounting firm, at the U. S. District Court for the Northern District of Georgia.

Richard Kissack: Disqualification

Public Notice by the Isle of Man Financial Services Authority that it has disqualified Richard Ian Kissack, an accountant who was sentenced to 13 months in prison in September 2021 after he pleaded guilty to tax evasion in the Isle of Man.

SPS Corp I v. General Motors et al: Discovery Application

Application by SPS Corp I - Fundo de Investimento em Direitos Creditórios Não Padronizados, described as "a Brazilian entity that purchased the IPI tax indemnification rights of 35 car dealerships in Brazil", to take discovery from General Motors Co., Deloitte & Touche LLP, and Ernst & Young LLP for use in "pending and contemplated Brazilian legal proceedings against GM’s wholly owned subsidiary, General Motors do Brasil LTDA., for monies that GM Brazil owes the Applicant in connection with a three-decade-long tax dispute between GM Brazil and the Brazilian federal government for tax credits paid by several GM car dealerships in Brazil", filed at the U. S. District Court for the District of Delaware.

AFX Capital Markets Ltd. et al: License Revocation, Industry Bans & €350K Fines

Public Notice by the Cyprus Securities and Exchange Commission that it has revoked the investment license of AFX Capital Markets Ltd. and imposed collective fines totaling €350,000 on two of its directors, Manuela Mazzacco and Andreas Lianos, who also received industry bans, and two of auditors, BDO Ltd. and Anthimos, Leonidou and Partners Ltd., for regulatory breaches.

Vistra (BVI) sued over audits of DC Solar’s “multi-billion-dollar fraud”

British Virgin Islands-based corporate services provider Vistra and accountant Indervir Basra, who works for the group in California, are being sued in the United States regarding audits of DC Solar, which collapsed after swindling investors out of an estimated $1 billion. The audits were allegedly conducted by a group that Vistra acquired just seven months before DC Solar's headquarters was raided by the FBI in December, 2018.

East West Bank et al v. Vistra (BVI) et al: Complaint

Complaint alleging aiding and abetting fraud, concealment, and negligence regarding the auditing of "a multi-billion-dollar fraud" by DC Solar Funds and DC Solar Solutions in East West Bank, East West Bancorp Inc., Progressive Casualty Insurance Company, GEICO Corporation, The Sherwin-Williams Company, People's United Bank NA, People's United Financial Inc., Adhi-Solar LLC, DV VNB Community Renewables Fund LLC, DV VNB Community Renewables Fund III LLC, and Pardee Solar 1 LLC v. Vistra Group Holdings (BVI) Limited, of the British Virgin Islands; Vistra Group Holdings (BVI) I Limited, of the British Virgin Islands, and Indervir Basra, of California, at the Superior Court of the State of California, County of Los Angeles.

Luxemburg Capital LLC et al v. Terrence Fergus et al: Complaint

Complaint alleging fraud exceeding $55 million by a Trustee regarding the proceeds from the sale of Whole Health Management to Walgreens in Luxemburg Capital LLC, Michael Mears, as the Trustee of the James J. Hummer Family 2008 Dynasty Trust, Irrevocable Trust Agreement for the benefit of James Henry Moore Hummer, Irrevocable Trust Agreement for the benefit of Therese Moore Hummer, Irrevocable Trust Agreement for the benefit of Harlan Thomas Moore Hummer, and Irrevocable Trust Agreement for the benefit of Peter James Moore Hummer; James Henry Moore Hummer, Therese Moore Hummer, Harlan Thomas Moore Hummer, and Peter James Moore Hummer v. Terrence Fergus, described as a Certified Public Accountant; Fairway Sports Management LLC, d.b.a. FSM Capital Management LLC, and Thread Fin Investments LLC at the U. S. District Court for the Northern District of Ohio.

Direct Lending Income Fund LP v. EisnerAmper LLP: Complaint

Complaint alleging "a spectacular multi-year fraud" by Direct Lending Income Fund LP in Bradley D. Sharp, as the Permanent Receiver for the Estate of Direct Lending Income Fund LP v. EisnerAmper LLP at the Supreme Court of the State of New York, County of New York.

MGG SF Drawdown Master Fund (Cayman) LP et al v. The Green Group: Summons With Notice

Summons With Notice for damages of $24 million alleging malpractice and fraud involving Zayat Stables in MGG SF Drawdown Master Fund (Cayman) LP, MGG SF Drawdown Unlevered Fund LP, MGG SF Evergreen Master Fund (Cayman) LP, MGG SF Evergreen Unlevered Fund LP, MGG Insurance Fund Series Interests of the SALI Multi-Series Fund LP, MGG SF Evergreen Unlevered Master Fund II (Cayman) LP, and MGG Onshore Funding II LLC v. Leonard C. Green & Co. PA, d.b.a. The Green Group, which describes itself on its website as "an accounting, tax, consulting and advisory firm", at the Supreme Court of the State of New York, County of New York.

USA v. Mark Gyetvay: Criminal Indictment

Criminal Indictment alleging tax evasion involving companies or accounts in Belize, British Virgin Islands, Cayman Islands, Russia, and Switzerland in USA v. Mark Gyetvay, the Chief Financial Officer of Russian gas producer Novatek who is apparently a citizen of Italy, Russia, and the United States, at the U. S. District Court for the Middle District of Florida.

Peace United Ltd. v. 1906 Collins LLC et al: Discovery Application

Application by Peace United Ltd., of England, to take discovery from 1906 Collins LLC, Mathieu Massa, Sabadell United Bank, HSBC Bank USA, Gero Evaul & McClockey, Fiske & Company, and Beilinson Gomez Architects PA for use in legal proceedings in France, filed at the U. S. District Court for the Southern District of Florida.

Bavaguthu Shetty et al v. Bank of Baroda et al: Complaint

Complaint for more than $7 billion "brought by two victims of Defendants' massive financial fraud surrounding NMC Health Plc and its related entities" that was "exposed when an investigative market research firm, Muddy Waters Research LLC, released a report questioning the integrity of NMC's audited financials" in Dr. Bavaguthu Raghuram Shetty and Neopharma LLC v. Bank of Baroda, of New York; Credit Europe Bank NV, of the Netherlands; Ernst & Young Global Limited, of England; Ernst & Young EMEIA Limited, of England; Prasanth Manghat, Promoth Manghat, Suresh Kumar Vadakke Kootala, and Suresh Kumar Nandiraju, all of India, at the Supreme Court of the State of New York, County of New York.

PLS, CPA et al: Penalties

Administrative Order by the U. S. Securities and Exchange Commission imposing penalties on PLS, CPA, Chang G. Park, Joseph Yongyun Lee, and Juchi Lee, all accountants, for "improper professional conduct" involving, inter alia, Interactive Multi-Media Auction Corporation, described as "a British Virgin Islands corporation with its principal place of business in the United Kingdom" and "formerly headquartered in Hong Kong".

Accounts for All Ltd.: Registration Revocation

Public Statement by the Isle of Man Financial Services Authority that it has revoked the registration of Accounts For All Limited. Editor's Note: Research by OffshoreAlert in the Isle of Man Companies Registry showed that Accounts For All Limited was incorporated on September 15th, 2003 and, in its last annual report, for 2017, its directors and shareholders were identified as James John Murphy Forbes, a British accountant, and Angela Michelle Forbes, also British, both of the Isle of Man, the latter of whom resigned as a director effective May 8th, 2019.

SEC v. Carlos Irizarry Santiago: Application to Comply with Subpoena

SEC's Application for an order to show cause and an order requiring compliance with a subpoena "in connection with its formal investigation into potential violations of the federal securities laws by Back to Green Mining, LLC, a Puerto Rico company purporting to be investing in mining operations in Colombia, and its principals, representatives, and affiliates" in U. S. Securities and Exchange Commission v. Carlos R. Irizarry Santiago, CPA, of Puerto Rico, at the U. S. District Court for the District of Columbia.

Crowe Mak LLP: $5K Fine

Public Notice by the Abu Dhabi Global Market Financial Services Regulatory Authority that it has imposed a fine of $5,000 on Crowe Mak LLP for regulatory breaches.

Nicholas Martin v. Circumference Holdings Ltd.: Winding Up Petition

Winding Up Petition in Nicholas James Martin, of Luxembourg v. Circumference Holdings Ltd., described as "a holding company and corporate parent for the Circumference Group, which is comprised of a number of holding and operating entities engaged in corporate, directorship, trust, fiduciary and accounting services primarily in the Cayman Islands, Luxembourg and The Netherlands", at the Grand Court of the Cayman Islands.

Chung Wan: Public Censure

Public Notice by Singapore's Accounting and Corporate Regulatory Authority that it has issued a Public Censure to Chung Wan "for being convicted of an offense in the State Courts, in Singapore, of voluntarily causing hurt ... an offence implying a defect in character which makes him unfit for his profession".

Alger SICAV et al v. WageWorks Inc. et al: Complaint

Complaint alleging "accounting fraud" in Alger SICAV, Alger Small Cap Growth Institutional Fund, Alger Small Cap Growth Fund, Alger Small Cap Focus Fund, Alger Small Cap Focus Fund, Alger small Cap Growth Portfolio, Alger Weatherbie Specialized Growth Portfolio, Alger Weatherbie Specialized Growth Fund, Alger Dynamic Opportunities Fund, and Alger Dynamic Opportunities Fund, all of Luxembourg v. WageWorks Inc., Joseph L. Jackson, and Colm M. Callan at the U. S. District Court for the Northern District of California.

Atkins Investment Partnership et al v. EisnerAmper LLP: Complaint

Complaint "by more than 130 Plaintiffs who collectively invested over $103 million in Direct Lending Income Fund, L.P., a limited partnership managed and controlled by Direct Lending Investments, LLC and its owner and CEO, Brendan Ross" that "turned out to be a $789 million dollar Ponzi scheme" in Atkins Investment Partnership v. EisnerAmper LLP at the U. S. District Court for the Northern District of California.

Northern and Western Insurance Company Ltd. v. BSG Valentine: Amended Defense

Amended Defense involving allegations of fraud in Northern and Western Insurance Company Limited (in Liquidation), of Nevis, represented by its Joint Liquidators, Keiran Hutchison, of the Cayman Islands, and Roy Bailey, of the British Virgin Islands v. BSG Valentine, an accounting firm in London, England, at the High Court of Justice for England and Wales.

Mancera SC, et al: $1.6M Penalty & Bans

Administrative Order by the U. S. Securities and Exchange Commission imposing a financial penalty of $1,589,926 on Mancera SC, described as "the Mexican member firm of Ernst & Young Global", and bans on accountants Alejandro Valdez Mendoza, CP and Angel Radames Corral Nieblas, CP, both citizens of Mexico, for regulatory breaches regarding Desarrolladora Homex, SAB de CV, which was described as a construction firm that "engaged in a massive fraudulent accounting scheme over at least a three-year period" and whose shares were listed on the Mexican Stock Exchange and New York Stock Exchange.

BDO Cayman Ltd. et al v. Ardent Harmony Fund Inc.: Ruling

Ruling dismissing "BDO Cayman's application for leave to commence proceedings against Ardent for an injunction to restrain them from continuing the New York proceedings" in BDO Cayman Ltd. , of the Cayman Islands, and BDO Trinity Ltd. , of Trinidad and Tobago v. Ardent Harmony Fund Inc. (in Official Liquidation) at the Grand Court of the Cayman Islands.

Nexia BT: License Suspension

Public Announcement by the Malta Financial Services Authority that it has suspended "the authorisation of Nexia BT to act as an approved auditor" for regulatory breaches. Editor's Note: Research by OffshoreAlert in the Malta Business Registry showed that Nexia BT is part of a group whose officers and directors include Brian Tonna, Manuel Castagna, and Karl Cini, all citizens of Malta.

USA v. Strachans SA: Criminal Judgment

Criminal Judgment imposing a fine of $500,000 for conspiracy to defraud the United States in USA v. Strachans SA (in Liquidation), of Jersey, in the Channel Islands, and Switzerland, at the U. S. District Court for the Central District of California.

Chris Baldacchino & Associates: €58K Fine

Public Notice by the Malta Financial Intelligence Analysis Unit that it has imposed a fine of €58,952 on Chris Baldacchino & Associates, described as an "Auditor/Accountant/Corporate Service Provider", for regulatory breaches.

Platinum Partners liquidators sue BDO in the Cayman Islands

The liquidators of an offshore hedge fund and a "pass-through" tax vehicle that were part of the failed $1 billion U.S.-based Platinum Partners investment group have sued the Cayman Islands and New York operations of auditor BDO.

USA v. Strachans SA: Criminal Information

Criminal Information alleging conspiracy to defraud the United States in USA v. Strachans SA (in Liquidation), described as "a Jersey-based accounting and financial services company that assisted U.S. taxpayer-clients and others in evading taxes through the use of offshore trusts and entities and offshore bank accounts" that later moved to Switzerland, at the U. S. District Court for the Central District of California. Editor's Note: In the Criminal Information, the USA stated that Strachans moved from Jersey to Switzerland in 1999 and, in 2009, "began doing business as Elston Management". Research by OffshoreAlert in the Swiss Commercial Registry showed that directors, past and present, of Elston Management SA have included Richard Jepson Egglishaw, a citizen of the United Kingdom residing in Monaco; Dino Ferro, a citizen of Italy; Rachel Laure Dupanloup, Henri Bressoud, and Dominique de Weck, of Switzerland.

USA v. Strachans SA: Plea Agreement

Plea Agreement in USA v. Strachans SA (in Liquidation), described as "a Jersey-based accounting and financial services company that assisted U.S. taxpayer-clients and others in evading taxes through the use of offshore trusts and entities and offshore bank accounts" that later moved to Switzerland and "began doing business as Elston Management", at the U. S. District Court for the Central District of California.

HLB Mann Judd et al: Revocation, Bans & Fines

Order by the Public Company Accounting Oversight Board fining and revoking the registration of HLB Mann Judd and barring and fining Darryl Swindells and Aidan Smith, all of Australia, for violating "rules and auditing standards"

Amjad Rihan v. Ernst & Young Global Ltd. et al: Approved Judgment

Approved Judgment of $11 million in favor of the plaintiff - a whistleblower - against his former employer, Ernst & Young, regarding a claim for negligence involving suspected money laundering by a client, Dubai-based precious metals dealer Kaloti Jewellery International DMCC, in Amjad Rihan v. Ernst & Young Global Limited, Ernst & Young Europe LLP, Ernst & Young (EMEIA) Services Limited, and EYGS LLP at the High Court of Justice, London.

Circumference Holdings Ltd. et al v. Nicholas Martin: Defense

Defense in Circumference Investments (Europe) Limited, of England; Circumference (Luxembourg) Sàrl, of Luxembourg, and Circumference Holdings Ltd., of the Cayman Islands v. Nicholas James Martin, of Luxembourg, at the High Court of Justice, England and Wales.

Elko Broadband Ltd. v. HaiderMota BNR et al: Notice of Removal

Notice of Removal, including a copy of the complaint alleging professional malpractice regarding a proposed transaction involving Warid Telecom International, of the United Arab Emirates, in Elko Broadband Ltd., of Reno, Nevada v. HaiderMota BNR, described as a law firm in Pakistan, and A.F. Ferguson & Company, described as an accounting firm in Pakistan, at the U. S. District Court for the District of Nevada.
mark-munnelly

British fraudster Mark Munnelly forms new firms

British accountant Mark Munnelly, who played a leading role in a £40 million-plus investment fraud committed by the now-defunct Privilege Wealth group, has formed three new firms in England over the last three months, OffshoreAlert can reveal.

Jeffery Curran: Suspension

Administrative Order suspending chartered accountant Jeffery A. Curran, of Calgary, Canada, from appearing before the U. S. Securities and Exchange Commission regarding "false accounting" by Penn West Petroleum Ltd., of which he was Vice President of Accounting and Reporting.

Todd Takeyasu: Suspension

Administrative Order suspending chartered accountant Todd H. Takeyasu, of Calgary, Canada, from practicing before the U. S. Securities and Exchange Commission after the regulator determined that he "engaged in accounting practices that resulted in false and misleading journal entries that had no adequate documentary support or basis in reality" while serving as the Chief Financial Officer of Penn West Petroleum, Ltd.

PLS, CPA et al: Allegations

Administrative Order Instituting Proceedings alleging "improper professional conduct" involving, inter alia, British Virgin Islands-domiciled, United Kingdom-based Interactive Multi-Media Auction Corporation, now known as Stop Sleep Go Inc., and Delaware-domiciled, South Korea-based IMK Group Inc. against PLS, CPA, a.k.a. PLS CPAs; Chang G. Park, CPA, a.k.a. Changgeun Park; Joseph Yongyun Lee, CPA, a.k.a. Yong Yun Lee, and Juchi Lee, CPA, a.k.a. Juchi Lee Fernandez, a.k.a. Ju-Chi Lee, a.k.a. Ju Chi Lee, a.k.a. Sue Lee, before the U. S. Securities and Exchange Commission.

Amjad Rihan v. Ernst & Young Global Ltd. et al: Judgment

Judgment of $11 million in favor of the plaintiff - a whistleblower - against his former employer, Ernst & Young, regarding a claim for negligence involving suspected money laundering by a client, Dubai-based precious metals dealer Kaloti Jewellery International DMCC, in Amjad Rihan v. Ernst & Young Global Limited, Ernst & Young Europe LLP, Ernst & Young (EMEIA) Services Limited, and EYGS LLP at the High Court of Justice, London.

Coöperatieve Rabobank UA et al v. EisnerAmper LLP: Complaint

Complaint alleging fraud, negligent misrepresentation, and gross negligence involving "secured credit facilities and associated loans and precious metal leases to Republic Metals Corporation" in Coöperatieve Rabobank U.A., New York Branch, a foreign branch office of a bank in the Netherlands; Brown Brothers Harriman & Co., of New York; Bank Hapoalim B.M., a foreign branch office of a bank in Israel; Mitsubishi International Corporation, of New York; ICBC Standard Bank Plc, of England; Techemet Metal Trading, LLC, of Texas; Merced Partners Limited Partnership, and Athilon Capital Corp., LLC, both domiciled in Delaware, based in Minnesota, as successors to Woodforest National Bank, and Hain Capital Investors Master Fund, Ltd., domiciled in the Cayman Islands, based in New Jersey, as successor to Bank Leumi USA v. EisnerAmper LLP at the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida

Ardent Harmony Fund Inc. v. BDO Trinity Ltd.: Opposition to Motion to Dismiss

Opposition to Defendant's Motion to Dismiss regarding allegations of negligence, professional malpractice, and fraudulent concealment in Ardent Harmony Fund Inc. (in Liquidation), of the Cayman Islands v. BDO Trinity Ltd., a.k.a. BDO Trinidad & Tobago, of Trinidad & Tobago, at the Supreme Court of the State of New York.