Wednesday, August 17, 2011

Sentencing - be there or miss your chance to speak.

If you cant make it - write a letter to the judge at the address listed in the notification below.
Without victims, the judge will feel this is a lessor crime.


Internal Case Number: 2008R01592Court Docket Number: 09-CR-00255The sentencing hearing for defendant(s), NICHOLAS COSMO, has been set for October 14, 2011, 10:30 AM at U. S. District Court, EDNY, Long Island Courthouse, 100 Federal Plaza, Central Islip, NY 11722-4438 before Judge Denis Hurley. You are welcome to attend this proceeding; however, unless you have received a subpoena, your attendance is not required by the Court. If you plan on attending, please check with the VNS Call Center to verify the sentencing date and time. Should you wish to speak at the sentencing or want to check for the most current information on the date/time of this event please call our office a day or two before the scheduled hearing.A United States Probation Officer prepares a report for the Court and may contact you to discuss the impact the crime had on you financially, physically, and/or emotionally. If you are contacted, please make every effort to provide accurate and detailed information.
Reason for adjournment: The United States Probation Department recently disclosed the Pre-Sentence Investigation Report to the Court and the parties. The parties are required to review the report and file responses to the Probation Department and the Court if appropriate. Due to the complex nature of this case, the amount of loss involved, and the large number of victims, it had taken more time than anticipated to obtain all the necessary information to prepare a detailed and thorough report.

Reminder re: Victim impact - It is helpful for the Court to know the impact of crime on the victims. If you would like to submit a victim impact statement to the Court, please mail by September 26th to: The Honorable Denis R. Hurley, U.S. District Court-EDNY, 930 Federal Plaza, Central Islip, NY 11722. If you would like to speak at the sentencing, please include your request in the letter.

Wednesday, June 15, 2011

Tonight 10pm Fox News

A few months ago, a few of us were asked to participate in a fox news interview.
the subject matter was the US Trustee going after victims for "clawbacks".
So, One other victim and myself went to manhattan, combed our hair and said our peace.

If youre interested its on tonight 10pm fox news.
I assure you, its nothing more than my ranting. Actually, the other guy had some interesting things to say.

I wouldnt go out of my way to watch it there was anything better on tv.
But since i do have this blog, i though i might as well post it.

Dom

Friday, May 20, 2011

BOA beats the Rap...

What more can i say?
Judge "Spatt" - just did exactly that in our faces.

Read the dismissal for yourself. I'm just plain disgusted.

http://www.lehmanprincipalprotectednotes.com/images/Order%20Dismissing%20Second%20Amended%20Complaint%203-29-11.pdf

The dismissal basically says... "we didnt prove BOA knew there was fraud" even though they should have or did know that "cosmo was a convicted felon" with a history of fraud on his record and having been banned from trading.

Well friends, Now that BOA has bent us over, lets see how hard the US Bankruptcy Court can kick us.

Sunday, May 1, 2011

bank ordered to pay $400k to victims of Ponzi scheme

maybe the4res hope for us if our Trustee follows suit:

http://www2.nbc17.com/news/2011/apr/29/asheboro-bank-ordered-pay-400k-victims-ponzi-schem-ar-991490/
Asheboro bank ordered to pay $400k to victims of Ponzi scheme
WASHINGTON --
An Asheboro-based bank has agreed to pay $400,000 toward restitution for victims of a Ponzi scheme, which operated through accounts maintained at the bank.
CommunityONE Bank is charged with failing to maintain an effective anti-money laundering program. As a result, the prosecution agreement recognizes thebank has committed to overhauling its anti-money laundering program.
“Banks asleep at the switch need to wake up,” U.S. Attorney Anne Tompkins said. “Federal law requires banks to implement a robust and proactive anti-money laundering program to detect fraud and protect the public from harm.”
The prosecution agreement also dictates that CommunityONE pay 16 percent of its value, or $400,000, to the victims of the Ponzi scheme.
“By agreeing to pay restitution to the victims of a customer’s investment fraud scheme, and to overhaul its anti-money laundering program, the bank has begun the process of righting its wrongs,” Assistant Attorney General Lanny Breuer said. “We will take every necessary step to hold banks committing similar offenses to account.”
The $40 million Ponzi scheme was operated by CommunityONE Bank customer Keith Franklin Simmons for two and a half years almost entirely through an account at the bank.
From April 2007 until September 2009, Simmons deposited more than $35 million in investor funds into one account with the bank and withdrew over the same time span more than $35 million from the same account.
The bank’s records also showed that Simmons diverted more than $2 million to other accounts with the bankthat he controlled to operate his other businesses; diverted nearly $800,000 in cash withdrawals, gift cards and transfers to his personal account with the bank; and diverted numerous payments to support his luxurious lifestyle including payments for private jets, vehicles and gifts.
Under the Bank Secrecy Act, banks are required to establish, implement and maintain programs designed to detect and report suspicious activity indicative of money laundering and other financial crimes.
“The Bank Secrecy Act was enacted to protect the public from harm by identifying and detecting money laundering from criminal enterprises, terrorism, tax evasion or other unlawful activities,” Jeannine Hammett,special agent in charge for Internal Revenue Service Criminal Investigation, explained.

Saturday, April 30, 2011

Silverman ! Pay attention...

Asheboro bank ordered to pay $400k to victims of Ponzi scheme

Ponzi Scheme

» 0 Comments | Post a Comment

An Asheboro-based bank has agreed to pay $400,000 toward restitution for victims of a Ponzi scheme, which operated through accounts maintained at the bank.

CommunityONE Bank is charged with failing to maintain an effective anti-money laundering program. As a result, the prosecution agreement recognizes the bank has committed to overhauling its anti-money laundering program.

“Banks asleep at the switch need to wake up,” U.S. Attorney Anne Tompkins said. “Federal law requires banks to implement a robust and proactive anti-money laundering program to detect fraud and protect the public from harm.”

The prosecution agreement also dictates that CommunityONE pay 16 percent of its value, or $400,000, to the victims of the Ponzi scheme.

“By agreeing to pay restitution to the victims of a customer’s investment fraud scheme, and to overhaul its anti-money laundering program, the bank has begun the process of righting its wrongs,” Assistant Attorney General Lanny Breuer said. “We will take every necessary step to hold banks committing similar offenses to account.”

The $40 million Ponzi scheme was operated by CommunityONE Bank customer Keith Franklin Simmonsfor two and a half years almost entirely through an account at the bank.

From April 2007 until September 2009, Simmons deposited more than $35 million in investor funds into one account with the bank and withdrew over the same time span more than $35 million from the same account.

The bank’s records also showed that Simmons diverted more than $2 million to other accounts with thebank that he controlled to operate his other businesses; diverted nearly $800,000 in cash withdrawals, gift cards and transfers to his personal account with the bank; and diverted numerous payments to support his luxurious lifestyle including payments for private jets, vehicles and gifts.

Under the Bank Secrecy Act, banks are required to establish, implement and maintain programs designed to detect and report suspicious activity indicative of money laundering and other financial crimes.

“The Bank Secrecy Act was enacted to protect the public from harm by identifying and detecting money laundering from criminal enterprises, terrorism, tax evasion or other unlawful activities,” Jeannine Hammett,special agent in charge for Internal Revenue Service Criminal Investigation, explained.

Thursday, February 17, 2011

Sentencing "May 20th 2011"

The sentencing hearing for defendant(s), NICHOLAS COSMO, has been set for May 20, 2011, 10:30 AM at U. S. District Court, EDNY, Long Island Courthouse, 100 Federal Plaza, Central Islip, NY 11722-4438 before Judge Denis Hurley

Tuesday, February 1, 2011

60 days later...

been a while since we posted any comments. i guess the gist of things falls into the "no news is good news" catagory. i dont know of anyone involved thats had a judgement placed on his or her houses. and or bank accounts frozen. i guess thats good.

meanwhile, the trustee is suing everyone he can except for the real criminals and we the victims are on the dirty end of the stick once again and still.

i wish he would follow (madoffs trustee) picards example and go after the banks and commodaties brokers that propped cosmo up and gave him a clear line of fire when he was taking aim at our financial futures.

three things i'd like to make clear in this posting,

1. i give mad credit to the egyptions. they stand up as one voice and fight for what they believe is right - i wish we the victims had the same courage, strength and willingness to step out of our comfort zone to be heard.

2. i'd be happy to see cosmo get off easy, if i were offered the opportunity to be made whole again.

3. im sure im just spitting in the wind. my voice like my opinion means nothing to any of this at the end of the day.

6000 victims, and not a whisper from the masses.
what a shame.

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