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Receiver: Financier kept $37 million from fund

June 26th, 2009, 1:54 pm by John Gittelsohn

punching-danny-pang-bloomb3Orange County investment adviser Danny Pang and his family siphoned $52 million from investors who poured $823 million into a partnership that is now hundreds of millions of dollars in the red, says a court-appointed receiver in a newly disclosed report.

Pang, 42, of Newport Beach, personally took $37.3 million from 2004 to April of this year, according to the report by Mosier & Co. of Irvine, the court-appointed receiver. The report was among numerous documents unsealed Thursday in a case in U.S. District Court in Los Angeles.

Mosier’s report says Pang’s Irvine-based company, the Private Equity Management Group Inc., paid all employees a total $83 million in compensation from 2004 to 2009, almost two-thirds of which directly benefited Pang and his family.

Pang’s attorneys disputed the allegations, writing in court papers that the $83 million  is “demonstrably false and was clearly inserted as a further attempt to inflame third parties.”

The report says Pang’s wife, Sheena Pang, received $1.8 million and Pang’s alleged bookie received $1.67 million. Other payments went to Pang’s driver, his brother, his son and an alleged girlfriend. Another $4.2 million could not be accounted for by Mosier.

Pang’s attorneys called those allegations “office gossip, without any support.”

Mosier’s report says Pang paid himself before his investments yielded a profit. Most of the company’s funds, primarily raised from investors in Pang’s native Taiwan, were put into financial instruments based on trading life insurance policies. Pang’s company also has investments in Russia, Costa Rica and private jets.

“As time marched forward, it became clear that this novel approach was only possible by soliciting new investor monies to continue prior investments and pay for the accelerated spending undertaken by Mr. Pang,” Mosier’s report said.

Mosier’s report estimated Pang’s clients have lost up to 80 percent of the $823 million they invested with him.

Pang’s attorneys dispute the receiver’s figures. They cite a PEM Group presentation that shows $568 million of investor money was spent on assets with a $1 billion face value and that $159 million was repaid to investors.

On April 22, the U.S. Securities and Exchange Commission seized Pang’s assets and filed suit, alleging he schemed to defraud investors.

Pang has denied the fraud and argued that the SEC has no right to sue him, because he sold the investments outside the United States. He sought to keep the receiver’s report sealed and has tried to avoid giving a deposition for the SEC case, citing concerns that his statements could be used against him in a separate criminal case.

On April 29, federal prosecutors filed a criminal case alleging Pang sought to conceal large cash transactions from U.S. authorities.  Pang has denied the allegations, but has yet to formally enter a plea. His arraignment date is July 26.

A hearing on several matters in the SEC case is scheduled for Monday in U.S. District Court in Los Angeles.

Pang first made headlines in 1997, when his wife, Janie Pang, was shot to death in the couple’s Villa Park home. A trial in the case ended with a hung jury and the crime remains unsolved.

The latest news was first reported by the Wall Street Journal, which filed motions to unseal the court documents.

To see the most recent receiver’s report, CLICK HERE.

To see Pang’s attorneys’ response, CLICK HERE.

More business stories on Orange County legal problems …

Another firm opposes O.C. tech merger

June 24th, 2009, 2:32 pm by John Gittelsohn

proxy_governanceProxy Governance, a Virginia firm that advises investors, says shareholders of Emulex Corp. should reject the hostile takeover attempt by Broadcom Corp., because the bid of $9.25 a share is too low.

“The offer of $9.25, clearly, is an inappropriate anchor for any potential discussion of a sale, regardless of where shares traded in April,” the Proxy Governance analysis said.

Broadcom announced its offer on April 21, when Emulex was trading for $6.61. Emulex closed Wednesday at $10.67, down 8 cents. Broadcom closed Wednesday at $24.44, up 24 cents.

Emulex’s board has rejected the Broadcom offer as “opportunistic,” because it was made when the Costa Mesa company’s shares were trading at a low price. Emulex has filed suits in Orange County Superior Court and U.S. District Court in Santa Ana to block to takeover.

Irvine-based Broadcom wants Emulex shareholders to support a special meeting to amend Emulex’s bylaws to elect a new board and allow the possibility of a takeover. The Proxy Governance report supports the rights of shareholders to call a special meeting, but wants a higher threshold than the 10% level of support from shareholders that Broadcom proposes.

Broadcom CEO Scott A. McGregor issued the following statement in response to the new report:broadcom5

Proxy Governance’s recommendation today in favor of the right of shareholders to hold a special meeting is a positive development that shifts the leverage away from Emulex’s insular board, and reinforces our view that Emulex shareholders should be given the right to make their voices heard at a special meeting of shareholders  At the same time, we disagree with PROXY Governance’s conclusion with respect to the other proposals in Broadcom’s Consent Solicitation.  First and last, the provisions in this Consent Solicitation are about Emulex shareholders and their right to make a decision.  We urge Emulex shareholders to vote for all proposals in our Consent Solicitation so that they have a full and unfettered opportunity to be heard on our offer.

Emulex CEO Jim McCluney said:

emulex_logo6We are pleased that Proxy Governance recommends rejecting Broadcom’s request for a special meeting where Broadcom would attempt to replace the current Emulex Board with hand-picked Broadcom nominees who we believe would support their grossly inadequate offer.

Broadcom, which makes semiconductors for communications devices and other electronic products, wants to acquire Emulex to extend its technology portfolio to include the type of industrial-strength networking and storage devices Emulex produces.

The Proxy Governance report follows a similar finding by Glass Lewis & Co., another consulting firm for institutional investors.

More stories on Orange County technology companies …

Bookkeeper gets 41 months for embezzling

June 23rd, 2009, 10:37 am by John Gittelsohn

(UPDATED with comments from defense attorney)

The bookkeeper for a small Westminster paper products company has been sentenced to 41 months in federal prison and ordered to repay $1.8 million she admitted to embezzling.

Foifua Atoafa appeared in U.S. District Court in Santa Ana Monday and was ordered to report to prison on or before July 2.  Atoafa agreed in January to plead guilty to three counts of wire fraud over a seven-year period for depositing almost $1.8 million in checks paid to her employer, Tinnell Fibre, into a personal bank account.

The sentence requires Atoafa, 44, to pay Tinnell $100 a year during her imprisonment and at least $1,000 a month after her release as restitution for her embezzlement.

The sentence was harsher than the 33 months prosecutors had recommended.

“She was quite shocked at the increased time,” said Atoafa’s attorney, Andrew Westover.

Westover said Atoafa’s scheme started by accident.

“It’s something that sort of fell in her lap and blossomed out of control,” Westover said. “It was a small amount each month and it just grew and grew exponentially.”

Westover said Atoafa regretted the scheme and the harm she caused her employer, whom she will probably never be able to repay.

“She’s genuinely remorseful,” Westover said.

The prosecution painted a different picture.

“While the defendant has accepted responsibility and expressed what the government believes to be genuine remorse for her conduct, defendant nonetheless defrauded Tinnell for almost seven years and only stopped because she believed she could no longer conceal her fraud,” the prosecution’s sentencing recommendation said. “Had Tinnell’s bookkeeping records not been lost such that defendant could no longer keep her fraud secret, defendant’s fraud, in all likelihood, would be ongoing today.”

Messages left with Tinnell Fibre were not immediately returned.

To read a previous story about Atoafa, CLICK HERE.

To read the prosecution sentencing memo, CLICK HERE.

To read the defense sentencing memo, CLICK HERE,

More stories about Orange County business legal problems …

Fake lawyer ordered to stay in jail

June 22nd, 2009, 5:30 pm by John Gittelsohn

goldstein-mugA U.S. Magistrate ordered a Corona del Mar man back to jail today because he allegedly attempted to impersonate an attorney while on parole after serving four years in prison for impersonating an attorney.

Harold David Goldstein, 64, was sentenced to 84 months in prison in 2005 after pleading guilty to impersonating an attorney. He was released May 1. On May 26, U.S. District Court Judge David O. Carter called Goldstein back into court and barred him from posing as an attorney or offering any legal services without permission of his parole officer.

On June 1, the FBI received a tip from a recent law school graduate that Goldstein had advertised on Craigslist that he was a “retired lawyer” who needed help for cases he could not handle.

On June 2, two FBI agents posing as job candidates responding to the ad recorded Goldstein describing his business. In one transcript, Goldstein described himself as a lawyer with a license from Louisiana who also practices in federal court.

On June 7, Goldstein was arrested and held at the Metropolitan Detention Center in Los Angeles, leading up to today’s hearing.

Goldstein took the stand today despite the advice of his attorney. He denied he violated the terms of his release, likening his advertisement and job recruiting to a guy in a bar who tells the guy next to him that he’s a doctor.

“Everybody lies,” Goldstein said. “I did not provide legal services. I was just talking about it.”

U.S. Magistrate Marc Goldman rejected Goldstein’s defense, saying his offer was more than talk in a bar.

“This was made to practicing lawyers as well as law students,” Goldman said.

Goldman ordered Goldstein to formally be sentenced by Carter, who is traveling out of the country. A sentencing date has not been set.

Goldstein’s conviction for impersonating an attorney came after he spent more than a dozen years in prison for a variety of schemes dating back to the 1970s, including investments in non-existent gold and oil deals.

“I have no idea why he keeps getting caught,” said Andrew Stolper, the assistant U.S. attorney who prosecuted Goldstein. “It’s disappointing to find Mr. Goldstein up to his old tricks.”

More stories on Orange County business legal problems …

Shareholder group opposes O.C. tech merger

June 22nd, 2009, 3:35 pm by John Gittelsohn

glass-lewis-logoA San Francisco-based shareholder group urged its clients to oppose the hostile takeover of Emulex Corp. by Broadcom Corp.

Glass Lewis & Co., which provides analysis to subscribing institutional shareholders that manage more than $15 trillion in assets, said Broadcom was not offering enough money for Emulex.

On April 21, Broadcom announced an unsolicited cash offer of $9.25 a share for Emulex.

Emulex, which is based in Costa Mesa, closed Monday at $10.65, down 40 cents. Irvine-based Broadcom closed at $24.63, down 86 cents.emulex_logo5

“In our opinion, we find no reason that Emulex should pursue a sale or other strategic transaction for the Company at this time as the Company’s prospects appear to be strong in the short to medium-range,” the Glass Lewis report said. “Emulex’s shares have traded above the Offer price per share since the announcement.”

Glass Lewis also urged shareholders to reject Broadcom’s request for a special Emulex shareholder meeting to name a new board and to amend bylaws that stand in the way of a hostile merger, which Emulex’s current board unanimously rejected.

Broadcom said the Glass Lewis recommendation “stands on its head accepted principles of good corporate governance in general, and Glass Lewis’s guidelines in particular. Emulex shareholders should not be misled by these confusing actions. Given the continued insistence of the Emulex Board on entrenching itself, Emulex shareholders have one logical choice to be heard: to support this Consent Solicitation.”

broadcom4Broadcom makes a portfolio of semiconductors for communications and computer networking. Broadcom sees Emulex, which makes industrial-strength adapters and other devices for computer networking and information storage, as a good extension of its product line.

To read more on how the merger has roiled Orange County, see Tech tycoons’ battle is a personal one.

More stories on Orange County tech companies…

Broadcom

FDA approves Allergan anti-sight loss drug

June 18th, 2009, 11:55 am by John Gittelsohn

allerganAllergan Inc. said today that the Food and Drug Administration approved a drug it developed to treat macular edema, a condition that can cause loss of central vision.

Irvine-based Allergan says the drug, trade-named Ozurdex, is the first and only drug therapy approved for treating macular edema associated with retinal vein occlusion, the second-most common retinal vascular disease that leads to vision loss.

Macular edema affects about 150,000 people a year. It is different from macular degeneration, the leading cause of blindness in people over age 50.

Allergan is conducting a study of Ozurdex for the treatment of wet age-related macular degeneration. It is also conducting three studies assessing the use of another drug delivery system, Novadur, in combination with brimonidine for the treatment of dry age-related macular degeneration, retinitis pigmentosa and optic neuropathies.

Best known for making wrinkle remover Botox, Allergan historically has been an eye-product company, pioneering treatments for glaucoma.

“With our nearly 60-year leadership and research investment in eye care, we are pleased to enter the retina market and provide physicians and their patients with the first FDA-approved drug treatment for macular edema following retinal vein occlusion,” said Dr. Scott Whitcup, Allergan’s Chief Scientific Officer.

After closing Wednesday at $44.56, shares of Allergan were trading up almost 3% following the announcement.

Ozurdex is a biodegradable, injectible steroid implant with extendable release.

To see Allergan’s release, CLICK HERE.

More Orange County biomedical news …