The Collar

Fugitive Executive Surrenders

By Luke Mullins

Posted: July 3, 2008

Less than a month after disappearing under suspicious circumstances, former hedge fund cofounder Samuel Israel gave himself up to authorities Wednesday, the Associated Press reports.

So where was this crooked executive hiding out all this time?

From the Associated Press:

Officials said that after Israel abandoned his car, he took off in a white recreational vehicle carrying a motor scooter and his belongings. He was believed to be staying at RV parks, campgrounds, or highway rest areas.

RV parks? Highway rest areas? Maybe prison won't be so bad after all...

So what does the future hold for Israel? Former Assistant U.S. Attorney David Kettel, now a partner at the law firm Venable LLP, has some thoughts:

According to Mr. Kettel:

Mr. Israel faces only a maximum of five more years in prison on top of the original 20-year term he was supposed to begin serving the day he disappeared. The new charge is failure to surrender for service of sentence under Title 18 of the United States Code, Section 3146.

The government might have had a false sense of security with Mr. Israel, since he was seemingly cooperating with them since investigations into Bayou Management began in 2005. Mr. Kettel notes that "Israel was never indicted, since he plead to 'an information,' which the U.S. Attorney signed off on." This sense of security also probably had something to do with the relatively low bond that Mr. Israel had to post.

The $500,000, unsecured bond probably factored in Mr. Israel's decision to flee as well. Mr. Kettel points out that defendants in much smaller cases have had to post much larger bonds and secure them with personal property or other assets. Mr. Israel already had to forfeit $450 million under his plea agreement, so a mere half million more was not enough to make him turn himself in.

What's next: In addition to immediately being placed in prison to start serving the original 20-year sentence, Mr. Israel will forfeit his $500,000 bond. In addition, there will be an ancillary criminal forfeiture proceeding for the victims of Mr. Israel's fraud. There are many victims that Mr. Israel defrauded through Bayou Management, and they will be making claims against the $450 million that was ordered forfeited. Approximately $100 million of that amount was taken from a Bank of America account, according to the Preliminary Order of Forfeiture on file.

This guy would have been better off to have actually jumped from the bridge. But the same mindest that propels a fraudster also propels a fugitive survivalist---the erroneous belief he/she can pull off anything and under "anyone's" nose.

Daniel David of NM @ Jul 03, 2008 10:29:07 AM

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The Collar

Luke Mullins is an associate editor at U.S. News, covering banking, real estate, and white-collar crime. He came to the magazine from the American Banker, a financial services daily newspaper, after a stint in the Peace Corps in West Africa and 18 months coaching baseball in the Dominican Republic. Mullins earned a master's degree in journalism from Syracuse University in 2005 and now lives in Washington, D.C., where he grew up. He has written about white-collar criminals for the American magazine, and his work was included in 20 Something Essays by 20 Something Writers: The Best New Voices of 2006, a Random House anthology that appeared on the Boston Globe's bestseller list.

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