Legislature(1997 - 1998)

03/09/1998 01:35 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
            SB 201 - PROHIBIT RECOVERY BY WRONGDOER                            
                                                                               
CHAIRMAN TAYLOR announced the continuing inquiry into the time line            
report received last week from the Legislative Budget and Audit                
Committee. CHAIRMAN TAYLOR called MR. LARRY CARROLL to testify.                
                                                                               
MR. CARROLL came forward and said he was with the Division of                  
Banking, Securities and Corporations (BSC) for 22 years and was the            
senior examiner at the time of the World Plus, Incorporated (WPI)              
matter. He said he is somewhat constrained by confidentiality and              
certain aspects of the case may best be discussed in a private                 
session with the committee. CHAIRMAN TAYLOR responded that he would            
like to keep the hearing open as long as possible. MR. CARROLL                 
replied his only concern was for certain people's personal                     
finances, which should not become public record.                               
                                                                               
CHAIRMAN TAYLOR asked if MR. CARROLL had had a chance to review the            
time line provided by the auditors, saying there was concern on the            
part of the committee based on this document. CHAIRMAN TAYLOR                  
expressed concern that it had been reported to him that the events             
that had transpired may have affect his perception of his ability              
to continue in state employment.  CHAIRMAN TAYLOR, commending MR.              
CARROLL as a person of high integrity, wanted to give MR. CARROLL              
the opportunity to comment on that.                                            
                                                                               
MR. CARROLL said reasonable people may disagree on courses of                  
action, and his determination to undertake or refrain from an                  
investigation may have been different from another persons, but                
this decision was the purview of the Department of Law. He said he             
did not agree with the decision to leave the matter to the federal             
investigators. MR. CARROLL said he tried to persuade the Attorney              
General to agree with him and failed to do so.                                 
                                                                               
MR. CARROLL said he was not satisfied with the ongoing federal                 
investigation, but thinks the Attorney General acted in good faith             
based on the information that he had. MR. CARROLL understood that              
simultaneous investigations can interfere with each other, but                 
liked to think that with some discretion, a state case could have              
been pursued. MR. CARROLL said Alaska statute does not allow for               
the return of investors' funds, as there is no possibility for                 
rescission.                                                                    
                                                                               
MR. CARROLL said the state did do a number of things in the World              
Plus matter. He indicated that there was careful scrutiny of                   
registered individuals dealing with WPI and one person received a              
letter of sanction, while another was suspended and fined. MR.                 
CARROLL said he contacted the U.S. Securities and Exchange                     
Commission, who then traveled to Fairbanks and eventually issued an            
injunction. Mr. CARROLL said that the Attorney General had assured             
him that if the federal government did not follow through and                  
deliver justice, he would revisit the matter.                                  
                                                                               
LARRY CARROLL said, having done what they could do, his division               
stepped back. He also said the evidence he obtained was not tainted            
by the quashed subpoena, like the other evidence previously                    
amassed.                                                                       
                                                                               
CHAIRMAN TAYLOR clarified that no state action was brought and                 
again asked MR. CARROLL if that lack of action affected his view of            
his job.  MR. CARROLL replied probably not. He cited the generous              
Retirement Incentive Program offered at the time as his temptation             
to leave, although he said he certainly was not pleased that the               
state did not go forward with charges.                                         
                                                                               
MR. CARROLL said that the first wave of investors they contacted               
wanted the scheme to go forward so they could get paid. He said a              
big part of the propaganda surrounding this scheme was "don't tell             
anyone about any of this." He said he understands that there is a              
group of investors in Fairbanks suing the state so he wouldn't say             
anything further, on the advice of counsel.                                    
                                                                               
CHAIRMAN TAYLOR asked if the federal authorities had brought in a              
clean group of people after having recused the first set of                    
investigators. LARRY CARROLL replied that this was true, saying                
they started over from square one and he provided them with all the            
information he had. He also said that when the first glimmer of                
this occurred, around November, he sent a bank examiner up to                  
Fairbanks to help the bankruptcy controller estimate the size of               
the scheme. He said he was not happy that he was unable to continue            
with the investigation after having started it.                                
                                                                               
CHAIRMAN TAYLOR inquired if, in his report to the Attorney General,            
he had recommended  state charges different from the federal                   
charges being pursued. MR. CARROLL said he had also recommended                
charging people with false filings, that is providing sworn                    
information to his division that was untrue. He said none of that              
would help return money to investors as the money is gone.                     
                                                                               
Number 202                                                                     
                                                                               
CHAIRMAN TAYLOR understood that the money was gone, but commented              
that if this woman had been stopped, a new round of Alaskans could             
have been protected from investing money in her fraudulent scheme.             
MR. CARROLL replied that the time frame suggests that the state                
became aware of the alleged violation sometime in 1995 or 1996,                
when the federal authorities were aware of it as early as 1992, and            
yet did not make the state aware of it. CHAIRMAN TAYLOR said that              
MR. CARROLL was aware of problems with WPI also in 1992, as                    
documented in correspondence between his division and the State of             
Idaho. MR. CARROLL agreed, but said before they approved Ms.                   
Bonham's exemptions, they had representations that all her Idaho               
accounts were settled and there were to be no further sales of that            
nature. CHAIRMAN TAYLOR interjected that in fact all of these                  
representations were fraudulent and yet no charges have ever been              
brought against the attorney that submitted them. LARRY CARROLL                
said this was true, but believed he was currently under suit by the            
bankruptcy trustee.                                                            
                                                                               
CHAIRMAN TAYLOR stated that he was glad someone had cleaned house              
and actually gone out and attempted to protect the people. He said             
his main concern was the audit he received which reported that the             
Attorney General was not sufficiently independent to make this                 
determination and should seek an independent prosecutor to make                
recommendations on these offenses. CHAIRMAN TAYLOR expressed                   
concern that the statute of limitations might have passed on                   
infractions by state employees who deceived MR. CARROLL's division.            
MR. CARROLL replied that the Securities Act was good for three                 
years from the infraction and he agreed that CHAIRMAN TAYLOR may be            
correct.                                                                       
                                                                               
CHAIRMAN TAYLOR asked if the federal government is prosecuting Ms.             
Bonham for bad checks. LARRY CARROLL did not know, but said she did            
issue bad checks. CHAIRMAN TAYLOR asked the amount and MR. CARROLL             
said she did have an account she ran money through that ended up               
about $80,000 overdrawn.                                                       
                                                                               
SENATOR WARD asked for clarification that LARRY CARROLL had spoken             
to the A.G. and was told that if the federal government did not                
come through he would pursue charges. MR. CARROLL explained that               
what the Attorney General said was he would revisit the issue.                 
SENATOR WARD said he must have known that there was an issue, and              
asked MR. CARROLL if he knew who had advised the Attorney General              
to do this. MR. CARROLL said SENATOR WARD would have to ask the                
Attorney General himself, but did know that he relied heavily on               
his deputy, Lori Otto. SENATOR WARD said so it was Lori Otto who               
advised him and MR. CARROLL repeated that SENATOR WARD would have              
to ask the Attorney General. He did say Ms. Otto told him they ran             
a great risk of "screwing up" the federal investigation if they                
went forward. LARRY CARROLL said other things she said were best               
discussed outside of the public domain. CHAIRMAN TAYLOR said he                
would like to keep the proceeding open to the public as long as                
possible but understood they were likely going to end up in                    
executive session. MR. CARROLL mentioned that Ms. Otto was his                 
attorney at the time and CHAIRMAN TAYLOR added that, tragically,               
she was also the attorney for all the victims in the state and they            
person they had to rely upon to protect them from a fraudulent                 
perpetrator like Ms. Bonham. MR. CARROLL said he did not argue with            
this. CHAIRMAN TAYLOR replied that the most troubling part was the             
question of why they chose not to go forward. CHAIRMAN TAYLOR said,            
if they were to believe the words of the Attorney General as quoted            
in the Daily News-Miner, the investigation did not go forward                  
because there were too many of their own people involved in the                
scheme. LARRY CARROLL agreed there were a number of them involved.             
CHAIRMAN TAYLOR said the feds also ran into the same problem of                
having investigators involved, but they did the right thing by                 
recusing their people and bringing in new people to prosecute the              
case. CHAIRMAN TAYLOR noted that they then had to rely on the work             
done by MR. CARROLL and was glad no one in his department had                  
suggested they back off and not investigate in order to spare some             
state employees. LARRY CARROLL said, to the contrary, he distinctly            
recalls the Director saying to Ms. Otto, "we are not going to                  
ignore our law". CHAIRMAN TAYLOR asked why he would have made this             
statement to Ms. Otto, and MR. CARROLL said in response to her                 
opinion that there was no need to proceed as there was a parallel              
proceeding already underway.                                                   
                                                                               
CHAIRMAN TAYLOR asked if MR. CARROLL knew for a fact that Mr.                  
Kirkpatrick responded to something that indicated he disagreed with            
Ms. Otto and would proceed with an investigation. CHAIRMAN TAYLOR              
asked if Mr. Kirkpatrick was asked to back off or told that he                 
should do so. LARRY CARROLL said he was privy to this conversation             
and, though not quite in this context, he thinks the rationale was             
that the continued investigation could cause problems with the                 
federal proceeding especially in aspects such as immunization of               
certain people. CHAIRMAN TAYLOR commented that this would only be              
important if someone was trying to protect a person involved in the            
scheme, probably a state employee. CHAIRMAN TAYLOR said all the                
people involved in the case essentially ended up with total                    
immunity due to the fact that someone decided not to prosecute.                
CHAIRMAN TAYLOR noted that Mr. Hompesch did not appear to be a                 
victim in the scheme; MR. CARROLL replied that Mr. Hompesch had                
told him he was "equally bamboozled" by Ms. Bonham and that she had            
lied to him as well.                                                           
                                                                               
CHAIRMAN TAYLOR asked MR. CARROLL if, in the process of conducting             
his investigation, he received any unsolicited endorsements from               
Ms. Bonahm's attorney, written by state employees, some of which               
would be the very same people who would have been prosecuting Ms.              
Bonham had the Attorney General decided to go forward with the                 
case. LARRY CARROLL said he received 35 such letters and CHAIRMAN              
TAYLOR said someone had gone out and rounded those letters up,                 
especially from influential folks so BSC would not investigate.                
LARRY CARROLL said, at that time, the only thing they had                      
considered was remedying the fact Ms. Bonham was selling                       
unregistered securities and then going forward with an exemption.              
MR. CARROLL said he believes these letters were an attempt to                  
demonstrate that this was a legitimate business enterprise, which              
turned out to be untrue. MR. CARROLL said, regardless of these                 
letters, his organization moved slowly on the exemption process, in            
fact, imposing requirements for the filing of quarterly reports. He            
said these reports were filed and were totally false.                          
                                                                               
CHAIRMAN TAYLOR expressed suspicion regarding these letters,                   
particularly one written by the very person who would have                     
investigated the scheme had it been pursued. CHAIRMAN TAYLOR                   
hypothesized that if he were Ms. Bonham, he might think it was a               
good strategy to embroil the people who would prosecute him. He                
might then have them send letters to BSC at the request of his                 
attorney, further entangling those who might prosecute him to the              
extent that they are in jeopardy of losing their own funds if they             
do so. LARRY CARROLL said he was also quite concerned with this                
scenario, and got in a bit of trouble from an indignant Ms. Otto               
when he chuckled about this very predicament.                                  
                                                                               
CHAIRMAN TAYLOR mentioned his additional concern that, after the               
heat on WPI began to build and further inquiries came in from both             
the IRS and the SEC (who began putting pressure on Ms. Bonham), Ms.            
Bonham was writing bad checks as well as witdrawing large sums of              
cash. CHAIRMAN TAYLOR would like to know if there was any                      
investigation to determine whether there were any significant cash             
deposits to the accounts of those people who sent in these written             
endorsements about the same time these letters appeared. LARRY                 
CARROLL replied that the bankruptcy trustee has filed suit against             
200-300 investors who had good returns, but there were no subpoena             
of bank records by BSC.                                                        
                                                                               
SENATOR WARD asked how much money was invested in WPI after MR.                
CARROLL recommended to Ms. Otto they pursue an investigation. LARRY            
CARROLL replied there was none.                                                
                                                                               
CHAIRMAN TAYLOR clarified that this type of scheme needs a                     
tremendous amount of money to flow in continuously in order to pay             
off previous investors. MR. CARROLL said it needed to double.                  
CHAIRMAN TAYLOR asked if those people who knew Ms. Bonham was under            
suspicion and wrote a letter to BSC did not benefit by assuring                
continued investment and their own payoff in this scheme. MR.                  
CARROLL said, for the purposes of discussion, they should assume               
the people who wrote the letters did so in good faith in response              
to a request. Mr. CARROLL said, assuming all this, what Ms. Bonahm             
had done with the letters is known as "lulling", meaning lulling               
new investors into her scheme on the strength of these letters. MR.            
CARROLL said the letters absolutely did help perpetrate the scheme,            
but that he did not know that the people who wrote the letters                 
knew, at the time, that it was a scheme. CHAIRMAN TAYLOR noted that            
no one has checked to see if, as the scheme began to crumble, these            
peoples' bank accounts ballooned. Again Larry Carroll expalined                
that the rationale was that there was an ongoing federal                       
investigation and the guilty parties would be held accountable. He             
said those were the instructions received form the Department of               
Law. Additionally, he said there is a letter to that effect the                
committee may want to look at. CHAIRMAN TAYLOR asked if this letter            
was written by Ms. Otto. LARRY CARROLL said it was, and the letter             
was the result of several discussions with Ms. Otto.                           
                                                                               
CHAIRMAN TAYLOR asked if he could date when the first discussions              
occurred. MR. CARROLL estimated the discussions began shortly after            
Thanksgiving 1995 and ran through February 1996. CHAIRMAN TAYLOR               
asked when WPI was shut down and MR. CARROLL replied it was late               
November of 1995, to the best of his recollection.                             
                                                                               
SENATOR WARD commented that it had just occurred to him that a                 
letter from a prosecutor endorsing this deal would be a heck of a              
selling tool. SENATOR WARD asked if Ms. Otto solicited these                   
letters and MR. CARROLL said he presumed the letters were solicited            
by Ms. Bonham or Mr. Hompesch, and in fact Ms. Otto did not now                
anything about them until informed by BSC.                                     
                                                                               
CHAIRMAN TAYLOR asked if, during the course of an investigation,               
MR. CARROLL found someone in his department was involved in a                  
fraudulent scheme, would he not recuse that employee immediately.              
LARRY CARROLL affirmed he would absolutely recuse that employee                
immediately. CHAIRMAN TAYLOR then asked if he would stop his                   
investigation because of it and MR. CARROLL said he would not.                 
                                                                               
                                                                               
LARRY CARROLL said in discussion with the Attorney General, he                 
asked what he should say if calls came in asking why the                       
investigation was not being pursued, and the Attorney General said             
he would field those calls and he did.                                         
                                                                               
CHAIRMAN TAYLOR asked if BSC had received calls prior to the Master            
of Bankruptcy shutting Ms. Bonham down. LARRY CARROLL recalled only            
one investor calling, who was having trouble transferring his note.            
MR. CARROLL said it was a firm rule of Ms. Bonham that no investor             
talk about the scheme. He said when people did began to talk, BSC              
heard her four basic stories that she sold to investors. MR.                   
CARROLL said he doesn't know what she thought was going to happen,             
as there was no legitimate business enterprise underlying the                  
scheme. MR. CARROLL explained that BSC had no idea the whole thing             
was so huge, they honestly believed it was limited to 15 investors             
dealing in airline mileage.                                                    
                                                                               
SENATOR WARD said he has been contacted by people who believe that             
the state somehow held this whole thing together until prominent               
people like lawyers and judges got their money and then allowed the            
scam to fall apart. MR. CARROLL said, indeed, some of the people               
who won big were prominent in Fairbanks. He did not go so far as to            
agree with SENATOR WARD's statement, saying some of these people               
also rolled over their money and lost. MR. CARROLL agreed with                 
CHAIRMAN TAYLOR's conclusion that to to really find out who won and            
who lost would take a great deal of investigation. He did say they             
had an open and shut case against Ms. Bonham.                                  
                                                                               
 CHAIRMAN TAYLOR clarified that MR. CARROLL was told by the A.G.               
that if the federal authorities failed to catch the perpetrators,              
he would revisit the case. MR. CARROLL agreed this was what had                
transpired, and he was concerned about the direction of the case as            
the search warrant had been quashed and the evidence was delivered             
back to Ms. Bonham and he was not comfortable leaving the                      
investigation in their hands.                                                  
                                                                               
CHAIRMAN TAYLOR explained that he was concerned about the extent to            
which BSC relied on these endorsements submitted by state                      
employees. He said it seemed there was a plethora of state laws                
violated and the only person now being prosecuted is Raejean                   
Bonham. CHAIRMAN TAYLOR asked MR. CARROLL if, when he got that                 
committment from the A.G., he thought additional players would be              
prosecuted. LARRY CARROLL said yes, to the extent that there were              
other culpable players involved. MR. CARROLL indicated he                      
hypothesized that other people might have some problems that would             
come to light in an investigation. He stated this, also, "did not              
sit well".                                                                     
                                                                               
TAPE 98-16, SIDE B                                                             
Number 001                                                                     
                                                                               
CHAIRMAN TAYLOR asked to whom MR. CARROLL was referring by this                
last comment and LARRY CARROLL replied he meant Ms. Otto, who                  
suggested he "be careful" making those types of styatements. He                
said he indicated he was speaking to her as his lawyer.                        
                                                                               
CHAIRMAN TAYLOR asked if she told him to "be careful" about                    
investigating state employees and MR. CARROLL clarified she said to            
"be careful" about making a statement implying the possible guilt              
of state employees. CHAIRMAN TAYLOR said it was, though, ok to make            
the statement that Raejean Bonahm was culpable and MR. CARROLL said            
it was already apparent, through a preponderance of the evidence,              
that she was implicated. MR. CARROLL said he still does not know if            
there is anyone else who may be culpable, due to the fact that                 
there was no further investigation of the matter. He again                     
suggested that the committee look at the letter sent to the                    
division, which clearly sets out instructions given to employees of            
the Department of Law. He stated very clearly that he is not                   
accusing anyone of anything, and indicated to CHAIRMAN TAYLOR that             
they may be getting into that grey area he hoped to avoid.                     
                                                                               
CHAIRMAN TAYLOR thanked MR. CARROLL for his testimony.                         
                                                                               
LARRY CARROLL expressed appreciation for the opportunity to speak.             
He said the division does a lot of good work and catches a lot of              
bad guys. He said this scam turned out to be one of the biggest,               
and was taken over by the feds who finally completed it. He said he            
is sorry for the people who lost their money and he is glad to have            
aided the federal investigation. He concluded by saying he makes no            
apologies for what he did and CHAIRMAN TAYLOR replied that he hopes            
others will be able to make that same statement.                               
                                                                               
CHAIRMAN TAYLOR said the Legislative Auditors had been authorized              
to do an audit of BSC and the Department of Law relating to their              
decisions surrounding this case. He hopes to see a preliminary                 
report in 30 days, and indicated that, at that point, it may be                
necessary to go into executive session.                                        
                                                                               
MR. CARROLL remarked he wanted to be clear that he is no longer                
affiliated with BSC, and that he is not a spokeman for them.                   
CHAIRMAN TAYLOR aknowledged this was understood and, with no                   
further business to come before the committee, adjourned the                   
meeting at 4:02.                                                               

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