10/31/08 Poulsen guilty in National Century fraud trial
Friday, October 31, 2008 - 4:02 PM
by Kevin Kemper
A federal court jury has found National Century Financial Enterprises’ co-founder Lance Poulsen guilty of directing what the government called the biggest corporate fraud to surface at a privately held U.S. business.
Friday’s verdict marked the second time this year that Poulsen, once National Century’s CEO, was convicted on federal charges.
The 12-member jury in U.S. District Court in Columbus came to its decision Friday afternoon following nearly five hours of deliberations and ending the month-long trial.
The 65-year-old Poulsen was found guilty on all of the charges facing him – one count each of conspiracy to commit securities fraud, wire fraud and conspiracy to commit money laundering, as well as three counts of money laundering and six counts of securities fraud.
While National Century’s collapse and the criminal trials of its executives generated considerable public attention, Poulsen’s day in court was strikingly devoid of observation. Only about a dozen people peppered the gallery as Judge Algenon Marbley read the verdict.
Poulsen’s wife, Barbara, who testified this week on his behalf, cried alone in the courtroom Friday. Poulsen briefly hung his head after the verdict was delivered. U.S. marshals later handcuffed Poulsen and led him out of the courtroom.
“We’re obviously extremely disappointed,” said Peter Anderson, Poulsen’s attorney.
Anderson said defense lawyers think evidence of Poulsen’s prior conviction on witness tampering charges should not have been allowed into the fraud trial. William Terpening, another Poulsen attorney, said an appeal is expected.
Justice Department lawyers declined to comment following the verdict.
Poulsen founded and ran National Century until the suburban company collapsed into bankruptcy in 2002.
A financier for health-care providers like doctors’ offices and hospitals, National Century’s bread and butter was buying accounts receivable from care providers at a discount, then securitizing the receivables into AAA-rated bonds for sale to investors.
At its peak, the company employed more than 350 workers at its office campus in Dublin while recording annual revenue of more than $250 million.
But government lawyers alleged much of that revenue was due to fraud that cost investors billions of dollars. In addition to purchasing legitimate accounts receivable, the government says National Century also funded companies owned by Poulsen without getting receivables in return, effectively making risky unsecured loans with investor cash.
The company charged its clients for those advances, the government said, which inflated National Century’s revenue and generated bonuses for senior executives. Prosecutors accused Poulsen of directing that the advances be hidden from auditors, investors, bank trustees and lawyers by keeping two sets of books and moving money between accounts to disguise shortfalls.
Investors never lost money until the company fell apart, but prosecutors said that was only because National Century was operating a pyramid scheme, paying off old investors with newly attracted money.
During his trial, which began Oct. 1, Poulsen argued National Century’s governing documents allowed executives to make advances. He insisted the company disclosed everything to investors.
Had National Century not made the advances, he claimed several hospitals would have gone out of business, hurting inner-city patients.
National Century went out of business not at the hand of fraud, Poulsen said in his trial, but because it was swamped by a series of events, including its inability to get a clean audit and an economy in recession following the dot-com bubble.
Poulsen heard a guilty verdict earlier this year on a related case. He and associate Karl Demmler were convicted in the witness tampering trial in March after trying to bribe government witness Sherry Gibson into changing her planned testimony. Poulsen was given 10 years in prison and ordered to pay a $17,500 fine on the bribery conviction, but Demmler has yet to be sentenced.
It also was the second time a federal jury found National Century executives guilty of crimes. Five of Poulsen’s co-executives were convicted in March of multiple fraud-related charges. Donald Ayers, Rebecca Parrett, Roger Faulkenberry, Randolph Speer and James Dierker are serving prison terms. Parrett, a co-founder of National Century, disappeared in March before she was scheduled for a court appearance and remains at large.
Jon Beacham, John Snoble and Gibson, also senior executives at the company, pleaded guilty to similar charges.
James Happ, the eleventh executive indicted, is scheduled to stand trial in December.
http://www.bizjournals.com/columbus/stories/2008/10/27/daily41.html?jst=b_ln_hl10/31/08 Former National Century Financial Enterprises CEO Convicted of Conspiracy, Fraud and Money Laundering
WASHINGTON, Oct 31, 2008 /PRNewswire-USNewswire via COMTEX/ -- Fraud cost investors more than $2 billion
A federal jury today convicted Lance K. Poulsen, former president, owner and chief executive officer of National Century Financial Enterprises (NCFE) of conspiracy, fraud and money laundering, Acting Assistant Attorney General Matthew Friedrich of the Criminal Division and U.S. Attorney Gregory G. Lockhart for the Southern District of Ohio announced. The charges stemmed from a scheme to deceive investors about the financial health of NCFE that cost investors more than $2 billion. The company, which was based in Dublin, Ohio, was one of the largest healthcare finance companies in the United States until it filed for bankruptcy in November 2002.
The Columbus, Ohio, jury convicted Poulsen, 65, after a four-week trial on all 12 charged counts contained in a July 2007 superseding indictment, including one count of conspiracy, six counts of securities fraud, one count of wire fraud, one count of money laundering conspiracy and three counts of concealment money laundering.
At trial, witnesses testified that Poulsen engaged in a scheme from 1995 until the collapse of the company to deceive investors and rating agencies about the financial health of NCFE and how investors' money would be used. NCFE bought accounts receivable from healthcare providers using money NCFE obtained through the sale of asset-backed notes to institutional investors, including pension funds, insurance companies and churches.
Evidence at trial showed that NCFE misused investors' money and made unsecured loans to health care providers, including those owned in whole or in part by Poulsen and other owners. Former employees testified that Poulsen and other NCFE executives covered up the fraud by lying to investors and ratings agencies. The government presented evidence that Poulsen and others created investor reports containing fabricated data, and moved money back and forth between programs, in order to make it appear that NCFE was in compliance with its own governing documents. Evidence showed that Poulsen knew the business model NCFE presented to the investing public differed drastically from the way NCFE did business within its own walls.
"Today's conviction closes another chapter in the long effort to bring former NCFE executives to justice for deceiving investors," said Acting Assistant Attorney General Matthew Friedrich of the Criminal Division. "The Department will continue to hold accountable those corporate executives who misrepresent a company's financial health and then leave the public to pick up the pieces."
"Poulsen and others made millions of dollars in unsecured loans to companies they owned," U.S. Attorney Lockhart said. "Their actions were designed to hide a financial house of cards from investors, eventually costing investors $2 billion."
"The IRS, along with our law enforcement partners, will vigorously pursue corporate officers who victimize their investors and violate the public trust," said Internal Revenue Service (IRS) Criminal Investigation Special Agent in Charge Jose A. Gonzalez. "Today's verdict demonstrates the government's determination to restore and ensure that trust."
FBI Cincinnati Special Agent in Charge Keith L. Bennett stated, "The FBI notes that today's convictions are the culmination of a six year investigation which included the review of millions of pages of financial documents by federal investigators. The resolve of this cooperative effort demonstrates that the FBI and other law enforcement will not permit a few corporate executives to hijack our financial system for personal gain."
The maximum penalty for each count of concealment money laundering, money laundering conspiracy and wire fraud is 20 years in prison and a $500,000 fine. The securities fraud and conspiracy charges are each punishable by up to five years in prison and a $250,000 fine. A sentencing date has not been set.
Poulsen, the sixth NCFE executive convicted in connection with the fraud, has been in custody since he was arrested on Oct. 17, 2007, on charges of witness tampering. A jury convicted him of conspiracy, witness tampering and obstruction on March 26, 2008, and Poulsen was sentenced to ten years in prison on those charges.
On March 13, 2008, five former NCFE executives were found guilty for their roles in the scheme to defraud investors. Donald H. Ayers, of Fort Myers, Fla., an NCFE vice chairman, chief operating officer, director and an owner of the company, was found guilty on charges of conspiracy, securities fraud and money laundering. Rebecca S. Parrett, of Carefree, Ariz., an NCFE vice chairman, secretary, treasurer, director and an owner of the company, was found guilty on charges of conspiracy, securities fraud, wire fraud and money laundering. Randolph H. Speer, of Peachtree City, Ga., NCFE's chief financial officer, was found guilty on charges of conspiracy, securities fraud, wire fraud and money laundering. Roger S. Faulkenberry, of Dublin, Ohio, a senior executive responsible for raising money from investors, was found guilty on charges of conspiracy, securities fraud, wire fraud and money laundering. James E. Dierker, of Powell, Ohio, associate director of marketing and vice president of client development, was found guilty on charges of conspiracy and money laundering.
The case was prosecuted by Assistant U.S. Attorney Douglas Squires of the Southern District of Ohio, Senior Litigation Counsel Kathleen McGovern and Trial Attorneys Leo Wise and N. Nathan Dimock of the Criminal Division's Fraud Section, with assistance from Fraud Section Paralegal Specialist Sarah Marberg, FBI Agents Matt Daly, Ingrid Schmidt and Tad Morris, IRS Special Agents Greg Ruwe and Mark Bailey, U.S. Postal Inspector Dave Mooney and Immigration and Customs Enforcement Agent Celeste Koszut.
SOURCE U.S. Department of Justice
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