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To: mmmary who wrote (9667)4/16/2002 2:39:54 PM
From: StockDung  Respond to of 19428
 
Laid-off techies swiping goods on way out

By Rachel Konrad
Staff Writer, CNET News.com
September 24, 2001, 12:40 PM PT

When a Cleveland-based business-to-business start-up failed several months ago, executives planned to follow a well-paved dot-com death pattern: Lay off workers, sell assets and reimburse creditors.
Employees had a different plan. Between the layoffs and the asset auction, they apparently walked off with $35,000 worth of laptops, handheld computers, monitors and laser printers. That left some executives, venture capitalists and other unsecured creditors in a financial lurch.

"Ex-employees thought they were entitled to it," said Timothy Dimoff, head of SACS Consulting and Investigative Services. Executives at the failed start-up called the Akron, Ohio-based security company to protect the remainder of its assets--larger items such as desks and office chairs that employees did not steal--but much of the damage had already been done.



"They cleaned up," Dimoff said. "It was almost like they thought it was OK to take it."

The Cleveland case was not an isolated incident. Insurance companies, asset managers, auctioneers and security experts nationwide report an alarming rise in employee theft--particularly in the technology industry.

As dot-coms fail and tech giants lay off thousands of workers, employees frequently walk out the door with desktop computers, telephones and handheld devices--even heavy office furniture, copy machines, research devices and sophisticated computer servers.

In the case of one San Francisco-based dot-com, a plush couch and lounge chairs disappeared from the lobby, apparently taken by an ex-worker who used a swipe card to enter the building without breaking windows or picking locks.

In most cases, heisted items do not have a chance to get to their intended final destination--asset auctions. These events are considered the last chance for executives, venture capitalists and other creditors to recoup some of their investment before the company folds completely. Webvan, an online grocer that filed for bankruptcy in July, will hold an auction Oct. 1 to sell its remaining assets.

It is impossible to say exactly how much equipment employees steal from technology companies each year. But employee theft is one of the biggest threats to any small business. According to SACS, roughly 75 percent of all theft is internal; the figure may be higher for small businesses and technology companies, where the theft of a single server could cost the company tens of thousands of dollars.

"This is an active problem. We're seeing missing routers, servers, all kinds of network devices," said Ganesh Neelakantan, product manager at Ramco Systems, a New Jersey security company specializing in the information-technology industry. "In some cases, we're seeing the entire IT department's equipment getting stolen."

The new aggression management?
The most common items stolen from tech companies by employees are laptops and handheld computers that cost less than $1,500 per item, asset managers say. But they are also seeing an increase in big-ticket theft.

In July, Texas authorities arrested a former Motorola worker on charges of stealing and reselling equipment. Police said the former technical lab assistant at Motorola's Oak Hill, Texas, campus used his security clearance to steal $445,549 worth of computers and equipment, including logic-card modules and oscilloscopes. Police say the man sold the lifted equipment at the Austin-Bergstrom International Airport and on eBay, posing as the chief of a fictional tech company that was liquidating its assets.

Psychologists and others who specialize in aggression management say only a small fraction of employees fit a criminal stereotype. The rest are looking for a way to get back at their boss after a layoff, demotion or pay cut. To that extent, said John Byrnes of the Center for Aggression Management (CAM), ex-employees are exhibiting classic passive-aggressive behavior.

"The anxiety in the minds of people who are laid off is interpreted as threat," said Byrnes, who founded CAM in Winter Park, Fla. "That turns into adrenaline and puts us in the flight-or-fight syndrome...Employees across the country are feeling disenfranchised. They may have difficulty blaming themselves when they get laid off, so they direct their anguish at the company."

But employees who steal are not necessarily hurting their bosses or the company at large. They are often hurting asset-management companies, furniture leasing companies and others that loaned the failed companies their equipment.

Small tech companies often lease computers and other equipment instead of sinking cash into merchandise that will become outdated within a year or two. That means the leasing companies--not the failed dot-coms--get stuck footing the bill for stolen assets.

San Francisco-based Dominion Capital Management, the 16-year-old spinoff of Dominion Ventures, has provided asset-backed loans from $500,000 to $5 million to more than 200 communications, life sciences and information-technology companies.

Dominion Vice President Dan Monberg helps failed companies transfer their assets to auctions, then distribute the proceeds to secured creditors. Among his peers in the asset-management niche, he is known as a "workout guy": the person who works out the nasty details of a company's demise, including the sale of assets and the reimbursement of creditors.

His goal is to try to get back as much of Dominion's original investment as possible--a task he says has become increasingly tough because of employee theft. Monberg arrived recently at a failed dot-com in San Francisco with a list of assets, expecting to find 20 laptops ready for auction. Instead, he found 10; the rest had vanished.

In July, Monberg hired the former employee of a failed dot-com to move piles of stacked assets into a moving truck next to the front door. Monberg personally took inventory of the stacks the night before the move. The next morning, the ex-employee called in tears and reported that somebody had cut a hole through the wall and stolen $100,000 worth of computers.

"When the company closes down, these guys say, 'I'm just going to hold on to this desk and chair,'" Monberg said. "They say, 'I'm going to take my laptop--and screw the owners.'"

One of Monberg's responsibilities is to track down and reclaim the stolen goods. He sends threatening letters to employees suspected of theft, demanding a phone call from the worker to arrange for pickup or drop-off of the item. But he only gets return calls about half the time he sends letters. If he does not get a call back, he usually drops the case--especially if it is over a single laptop or handheld computer.

"If someone has $1,000 in assets, are we really going to spend $2,000 in court costs to get it back?" Monberg said. "They know that. They know we're not going to come into their house with a search warrant and a police officer."

Don't count on insurance
In some cases--including the $100,000 heist in July--insurance agencies will reimburse policyholders for the value of the items. But agents will usually only cough up cash in cases of clear-cut theft: The burglaries must be accompanied by broken windows, smashed locks or other evidence of forced entry.

Most insurance agents have disclaimers waiving liability for the "disappearance" of items, and they are particularly wary of stolen items as a company is preparing to sell its assets. Because of the distinction insurance agents make, some security experts refer to tech gadgets lifted by ex-employees as "assets with legs"--goods that simply walk out the door on their own, with no evidence of criminal activity.

Insurance agents also generally refuse to pay for items that are not logged with specific descriptions, serial numbers and receipts. Several years ago, when many dot-coms were in start-up mode, few hiring managers thought about electronic equipment records; they were too busy hiring hundreds of employees each month.

As they falter and begin to lay off workers, many dot-coms realize the need for inventory lists. But by then, asset supervisors say, it is too late.

"Bottom line: It's very important to know what you have as soon as you get it," said David Charyn, senior vice president of San Francisco-based Charyn Asset Management Group, which handles the asset inventory and auctions for failed or downsized companies. Charyn is trying to spearhead an education campaign in the local tech niche to promote inventory awareness. He urges companies to hire an outside firm to catalog assets in a detailed manner.

"They're not doing detailed charts with spreadsheets with valuation, serial number, purchase dates, asset tag numbers for cross-referencing and sorting," Charyn said. "The trend is that more assets end up missing. One suspicion is that the people actually doing the inventory help themselves to a lot of merchandise. It's the coyote watching the henhouse."

The theft increases come during a period of sharp downsizing and economic slowdown, which has particularly stung start-ups in the tech industry. Last month, dot-coms slashed 4,899 workers. They slashed nearly twice as many in July, according to monthly surveys by Chicago-based outplacement firm Challenger, Gray & Christmas.

Industrial psychologists say they are not surprised by the increase in theft, given the economic outlook for displaced workers. They say many ex-employees honestly believed they would become millionaires after a year or two of stock options, but the economic slowdown and stark reversal of fortunes in the tech industry killed their dream--and left them hunting for a scapegoat.

"In many people's minds, they feel they're only taking what they deserve," said Mike Aamodt, professor of industrial psychology at Radford University in Radford, Va. "They get laid off and they're worried about whether they can support their families or keep living the life they're accustomed to. They're saying, 'This is going to cost me money, so it's going to cost you money, too.' They don't even think of it as stealing, really."

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To: mmmary who wrote (9667)4/16/2002 7:46:49 PM
From: StockDung  Respond to of 19428
 
Mary, wonder if the SEC has one of those sweeps very soon? The lack of enforcement news on the SEC web site since 4/12 suggests this might happen.



To: mmmary who wrote (9667)4/17/2002 1:56:47 PM
From: StockDung  Respond to of 19428
 
Laws, raids fail to thwart boiler room activities
By Sheila Samonte-Pesayco
Publish Date: [Wednesday, April 17, 2002]

Click here to read Part II
Philippine Center for Investigative Journalism
(Conclusion)

Even the US Federal Bureau of Investigation is now looking into his companies’ activities, but Pangasinense Amador Apungan Pastrana has managed to elude authorities across the globe who want to pin him down for the shenanigans of his alleged boiler room firms.

Indeed, Pastrana, who is said to head a global network of "collapsible" companies that hype nearly worthless stocks to gullible investors and then just suddenly close shop months later, remains free to enjoy the billions of dollars he is reported to have earned in the few years that he has been in business.

And despite raids last year in Bangkok and Manila, boiler rooms still thrive in both cities as well as other places around the world. Authorities also admit that these operations have grown even more sophisticated as years pass. They say that the heads of some networks have even started to buy banks, intending to use these not only to launder their money, but also to use as centers for their boiler room transactions.

James Martin, who claims to have lost $35 million to Pastrana in a completely different scam and now heads Sydney-based Stock Investigation Research Society (SIRS), says, "Those that were picked up by authorities (so far) were just small fry. They haven’t gotten the big one (like Pastrana)."

Authorities say that the big bosses of boiler rooms are hard to catch largely because the transactions cross borders, giving rise to questions on jurisdiction. Up until last year, in fact, US authorities seemed uninterested in checking boiler room operations, even if the stocks these firms were selling were those listed in the unregulated Over-the-Counter Bulletin Board (OTCBB) of the US NASDAQ. Former boiler room employees themselves say that they were given strict instructions not to call anyone in the US or pitch shares to American citizens, fearing the long arm of US laws.

It was only after US national Christopher Coppola was stabbed to death in Pasig last May that the FBI began scrutinizing boiler room operations, especially those linked to Pastrana. Coppola had reportedly been employed by a Pastrana boiler room in Manila.

The PCIJ has learned that the US Customs police is now also following leads that Pastrana has been laundering proceeds of his illegal operations by amassing properties in the United States.

But Tomas Syquia, acting director of the Compliance and Enforcement Division of the Philippine Securities and Exchange Commission (SEC), echoes Allan Cantado of the National Bureau of Investigation (NBI) in saying that it is difficult to make a case against boiler room companies because of the inadequacies of local and international laws, and the sheer shortage of official manpower.

Cantado points out, too, that in the Philippines alone, prosecuting agencies should first prove that the company does not really hold a license to deal with securities, and that the transactions really existed for a case involving violations of the Securities Regulations Code to prosper.

"The problem is that the complainants are all foreigners and don’t want to come here (to the Philippines)," he says. "They only send documents. Under our jurisprudence, victims have to physically appear before the fiscal to lodge a formal complaint."

Cantado also does not rule out the possibility that boiler rooms get prior warnings before they are raided, leaving the police with little to show afterwards. "Considering that the syndicate is moneyed," he says, "it’s not totally impossible that they pay off or have paid off insiders to tip them off" whenever a raid was or is going to be conducted.

He suspects this is precisely what happened in an NBI raid of a Makati-based boiler room. Recounts Cantado: "When we came in, the coffee on their office desks was still hot. We found out they had left just minutes ago through the emergency exit at the back door."

Yet in March last year, the Philippine SEC thought it finally had some goods on Pastrana after a raid on 88 Corporate Business Center in Makati. The bust had been conducted after a Saudi national who lost $48,811 to two boiler rooms lodged a formal complaint against the companies that duped him. According to the SEC, the raid on 88 Corporate Business Center established the interlocking relationships of boiler rooms linked with Pastrana: not only were several documents on the illegal stock brokering operations of 21 firms all found in one office, but they also share some names as incorporators.

A month later, the SEC filed a criminal case with the Department of Justice (DoJ) against 21 companies and 14 individuals, including nine foreigners and John/Jane Does believed to be working as brokers or telemarketers. Among those charged with the criminal offense of running an operation that trades securities without a license were Pastrana, Rufina Abad, Noel Galang, Hilda Ronquillo, Greshiela Compendio and British national Gregory Barnes.

The SEC thought it had an airtight case. Apart from documents, it was also able to gather sworn testimonies from witnesses who were privy to the inner workings of Pastrana’s companies.

But Pastrana’s lawyers got an injunction order from the Regional Trial Court of Muntinlupa preventing the SEC, NBI and the Department of Justice (DOJ) from using documents seized from the raid as court evidence. The court ruled that the search warrant used to get the documents was invalid as it violated the legal procedure of stating only one offense. The court also charged the SEC and NBI for contempt after the agencies failed to return the documents within the deadline it imposed.

With the documents declared inadmissible by the court, the DOJ last November decided to junk the case for lack of evidence.

Those close to the case say the police in Hong Kong were dismayed to learn what had happened here. The week after the March 2001 raid in Makati, five Filipinos were arrested in a Hong Kong hotel for allegedly trying to launder some $50 million in proceeds from boiler rooms. All five were believed to be working for Pastrana, and were actually based in Manila. The Organized Crime and Triad Bureau of Hong Kong alleged that many of their victims had paid through Hong Kong accounts set up through company-formed agents there.

Today, only one of the five Filipinos remains in detention, the rest having been released on bail. But one of Pastrana’s ex-employees says the alleged boiler room mogul would have been among those caught in that Hong Kong raid had he not gone to the toilet just minutes before the police arrived. According to the former employee, Pastrana had even left his laptop and coat at the hotel lounge. Pastrana is said to have avoided alerting Hong Kong authorities about his departure for the Philippines by renting a private yacht for P10 million and using this for his trip home.

Some observers speculate that the Filipinos would not have had the need to be in Hong Kong had the Bangko Sentral ng Pilipinas allowed Pastrana to keep the small Imus, Cavite-based thrift bank he bought two years ago. Although Pastrana’s income tax returns for 1997 to 1999 showed he had "limited sources of income," the Bangko Sentral still concluded that he was "capable of investing" in the Northpoint Development Bank based on his declared assets and liabilities as of March 2000.

But a "tip" from the banking industry that Pastrana and one of the bank’s new directors, Rufina Abad, had an ongoing securities fraud case with the SEC prompted Central Bank authorities to dig deeper.

Asked to explain these reports, the thrift bank, then already run by Pastrana, submitted a photocopy of an SEC order exonerating him and Abad from the criminal case involving an alleged boiler room, the First Federal Capital Inc. Upon verification with the SEC, the Central Bank discovered it had been given a forged document, as the SEC investigation into First Federal and Pastrana’s other companies was still ongoing at the time. Because of this, coupled with reports that he was engaged in "nefarious activities," the Central Bank rejected the sale of Northpoint to Pastrana.

Carmelita Climente, who has been president of Northpoint since its inception as a thrift bank in 1996, says businessman William Hernandez bought it from Pastrana last December. She says the new owner does not have links with Pastrana, and that the two have yet to meet in person.

Climente denies having any knowledge of Pastrana’s alleged boiler room operations. She says, "My only connection with him was through the bank. (When Pastrana left the bank,) I offered to resign but the Central Bank told me to stay out and run it."

Climente admits, however, that Pastrana once tapped her as a consultant in setting up an investment house that would sell nonconvertible preferred shares to foreigners – which the SEC does not allow. She says nothing happened of the plans because "I was not for it."

According to Climente, Pastrana had envisioned Northpoint to be a "technology bank" that would cater to the ATM needs of small banks. A prospectus of AAP Management, Inc. – Pastrana’s flagship company – given to clients does say that what Pastrana had renamed as United Resources Bank (URB) "will be positioned as a full-technology bank that will capitalize on its relationship with Infoserve Inc., a leading software developer for the banking industry." (Infoserve is not a Pastrana company.)

But the same prospectus indicates that Pastrana had more ambitious plans for the bank in which he had agreed to put in a fresh P400-million equity in December 1999. In truth, it maps out Pastrana’s plans to transfer URB’s head office from Cavite to Makati and then set up a branch in Ortigas Center, where most of his companies are located. By pumping in more cash and merging it with more banks, URB was envisioned to grow into a full-fledged commercial bank with a license to offer trust and foreign currency deposit products, hence freely catering to clients across borders.

A former Pastrana employee says URB was supposed to take care of all the banking needs of Pastrana’s companies, including the alleged boiler rooms, instead of giving out the business to other private banks. But lawyer Rodolfo Pineda, who was president of URB when it was still under Pastrana, denies knowing about any plans that would have the bank becoming a depository of any boiler room. Pineda says aside from incorporating some of Pastrana’s companies, he merely helped Pastrana look for a bank to acquire.

"When I met him, he said he made money from investing in the NASDAQ," says Pineda. "I didn’t realize it was illegal until I heard about it in the news."

Reports in the Austrian media, as well as in the Internet, reveal that Northpoint was not the only bank Pastrana had bought. These reports say Pastrana was part of a group that had bought WMP Bank AG in Vienna in November 2000.

In August last year, newspapers in Vienna reported that the Federal Bureau of Investigation (FBI) had started to look into "a gang of worldwide active financial artists who allegedly bilked a gigantic 15 billion Austrian schillings (US$1 billion) from clients." This syndicate turned out to be the new owner of WMG Bank AG – then already renamed General Commerce Bank (GCB).

Internet reports then said that the bank had been converted into a brokerage house that had become the nerve center of the "large-scale scam." Citing an FBI dossier, the reports said the "perpetrators" of the scam were "Manila- and Los Angeles-based Amador A. Pastrana, the "mastermind of the operations" and US citizens Regis Possino and Sherman Mazur, as well as prominent Saudi arms merchant Adnan Khashoggi.

Two months later, the Banking and Finance Commission of Belgium issued a public warning against the bank, which it said was offering investment instruments to Belgian and foreigners without a license. Various media reports say Austrian police raided the bank, which has since been closed.

The reports had securities regulators in Australia, New Zealand and Thailand scrambling to include GCB in its blacklist of boiler rooms and warning investors not to deal with the bank.

Oddly enough, the Viennese bank to this day maintains a website despite the reported FBI probe and the international blacklist. At its website, www.gcbankag.com, the bank claims to have been in operation for more than 10 years now, and trading on the Vienna Stock Exchange. It even recommends investors to buy shares of Thaon Communications, Inc., an obscure company trading for a fraction of a penny on the OTCBB of the US NASDAQ.



philstar.com