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Petters Case: Confessions of Fraud, Stupidity, and Rationalized Behavior

By G.L. Hoffman

Posted: October 21, 2008

I recently wrote about an entrepreneur and his company here in Minneapolis that are accused of running the biggest Ponzi scheme since, well, Ponzi. You can read my take here in my home blog of What Would Dad Say. Very little about this story has been covered by national media, yet.

The short version of the federal prosecutors' case is that this guy Tom Petters would allegedly dummy up invoices showing a sale to Costco or Sam's Club of electronics products. He's accused of then taking these fake paper invoices to investors, hedge funds, individuals, and even nonprofits with some song and dance about needing short-term cash until the invoices could be paid. If the allegations are true, then some smart people saw dollar signs—"24 percent interest, fer cripes' sake!"—and may end up losing their money, shirt, and rep. We're talking billions of dollars.

Three of Petters's cronies have pleaded guilty to charges of fraud, including the employee who turned him in. The Minneapolis Star Tribune reports:

Federal investigators' first inkling of a possible investment fraud involving Twin Cities businessman Tom Petters came Sept. 8, when one of his longtime employees approached them and said she had helped him bilk more than $3 billion from unwitting investors....

Her guilty plea was one of three Wednesday. Robert Dean White, 67, of Excelsior, and Michael Catain, 52, of Shorewood, also admitted to their roles in the scheme, which involved the creation of false bank statements and other documents that were used to trick investors into funding what they called a giant Ponzi scheme.

The prosecution's case makes for a fascinating story about greed, stupidity, and how one can rationalize almost any kind of behavior. The employees who have confessed to helping Petters create the alleged scheme have lived high on the hog, as we used to say. "All three defendants said they earned millions of dollars by participating in the scheme. White said he got a salary and generous bonuses, 'at Christmastime, usually,'" the Star Tribune reports.

Alas, whether or not the charges and confessions are true, stupidity makes for a lame legal excuse, and so does rationalization.

Two things we can learn from the prosecution's case:

  1. If something smells, trust your nose.
  2. If something appears too good to be true, chances are awfully good it isn't.

G. L. Hoffman is a serial entrepreneur and venture investor/operator/incubator/mentor. Two of his companies have traveled the entire success path from the garage to IPO. Currently, he is chairman of JobDig, and his blog can be found at WhatWouldDadSay.com or at JobDig.com.

Questions on Bell

Where is and who is Gregory Bell?

www.petters-fraud.com

Laser Haas of CA @ Apr 29, 2009 07:56:26 AM

tom petters

Everybody involved with raising money for the Petters ventures should pay. The money they made from raising money should be returned. I don't care if they say that the money was left in the fund, and that they lost money too. They have to take some responsibility for getting people involved.

fredrik nielsen of IL @ Oct 23, 2008 12:02:27 PM

Tom Foolery!!!!

I lost millions in the hedge fund. My questions always centered around the fraud aspect. We were getting 10 to 12 percent annualized. The fund general partner assured us that collateral was being inspected, there were liens, credit insurance, an special purpose vehicle to steer the money. The safety valves were all supposed to be in place. He didn't say the other side [Petters] controlled this.

This was an asset backed lending fund. The funds backed by assets. The most fundamental thing was to have the assets to collateralize the loan. My risk wasn't in the business model it was in the fraud. We banged on that fraud door not because we suspected it but because it was risk that had to be tied down.

3 billion is missing on what seems to be nothing more than a grade school trick. These weren't young wiz kids who pulled a great electronic scam. The Petters bunch weren't great masterminds. These are 3 men and 1 woman averaging about 60 years old. They were presenting "paper" documents and walking away with billions.

One might say hindsight is 20-20. But my contention is that the General was grossly negligent if no complicit in this nightmare. It would seem that all he saw was 2 and 20. The standard for hedge funds. He stood to make hundreds of millions just for raising the money. Again was he negligent or complicit??

I wouldn't say he and Petters were in on it together. Petters wouldn't protect him. But at what point does your curiosity grow. Is it at 200 million, 500, 1 billion or 1.6 billion?? Where does Petters store 1.6 million wide screen TV's at 1000 dollars each?? As a general aren't you a bit nervous about that much money? Don't you want to have your hand around the throat of that all the time?? Your even borrowing tens of millions from banks because Petters asked you to?? How about a couple of phone calls to Costco, BJ's or Sams Club. Lets just check out the relationships between everyone. The manufacturers too.

All these questions have ceased to be answered because of litigation. Where is the money? 30% in redemptions, 250 million to charity, Paid cronies 100 to 200 million. A gambling debt to the Ballagio is standing at 10 million. That may mean he lost 400 million in 7 years. Lavish lifestyle, expensive ribbon cutting galas, jets cars, family enrichment. In a ponzi scheme the music stops because there are no chairs. The money is all gone. If they find 150 million thats less than 5% needed before lawyers and IRS take theirs.

Petters is a disgrace. When the Feds chased him up the stairs, he was headed for a 22 caliber to end it. He didn't want to face the reality of how many lives were destroyed. More importantly, [to him] he didn't want to go to jail for the rest of his life.

I'm not sure the hedge fund managers shouldn't head for the same 22 caliber. Only greed on their part could possibly allowed this. I'm not sure it's not criminal.

INVESTIGATE GREG BELL [LANCELOT]

of IL @ Oct 23, 2008 10:55:00 AM

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