Thursday, May 5, 2011

Ponzi Conspirator Pleads Guilty in Illarramendi Scheme

Hedge fund fraudster Francisco Illarramendi allegedly had two co-conspirators who helped him rip off investors. One of them just pleaded guilty.

His name is Juan Carlos Guillen Zerpa and he is a Venezuelan accountant. He assisted Illarramendi's Ponzi scheme by forging documents that were critical to the fraudulent activity of the $540 million MK Capital Management hedge fund. Prosecutors have linked Zerpa and fellow conspirator Juan Carlos Horna Napolitano to a phony letter apparently written by another Venezuelan accountant. The letter verified $275 million in make-believe money.

Napolitano has pleaded not guilty.

Illarramendi, who pleaded guilty in March, paid the two co-conspirators over $3 million for the bogus letter. Now Zerpa can mull over his fate for up to the next two decades – in the Big House. And that represents a deal! Prosecutors waived further indictments in return for the guilty plea. Until sentencing, Zerpa is under house arrest in Miami.

© 2011 Hedge Fund Writer LLC

Tuesday, May 3, 2011

Rajaratnam Jury Still Deliberating

We haven't reported much about the Galleon trial in the last week, because not much has happened. The jury has gone through six days of deliberation without a verdict. It took today off.

Rajaratnam received medical treatment on Sunday for a bacterial infection in his foot, and was a no-show at court on Monday, having been excused by U.S. District Judge Richard Holwell. John Down, Rajaratnam's lawyer issued a statement saying:
"It is hoped that he will be recovered sufficiently to return to the courthouse this week. The court has approved this absence."
Medical news figured into today's adjournment – a juror had a medical procedure that pre-empted the proceedings. The jurors informed the judge about the medical problem by sending him a note. Judge Howell replied with his own note:
"No juror should feel any time pressure whatsoever. The jury will have all the time it needs to reach its verdict."
Rajaratnam, foot notwithstanding, need not be present if and when the jury hands down its verdict. Rajaratnam is looking at decades of government hospitality if he is convicted.


UPDATE: May 4, 2011

The ill juror was excused today, and the jury will now have to restart its deliberations with an alternate juror in place.  The dismissed juror is a 70-year old female retired bookkeeper. Both teams of lawyers approved her withdrawal. The replacement juror is a 39-year-old Westchester County Parks Dept. employee. A new foreman will be chosen as well.

"The law requires that jurors begin their deliberations anew," Judge Holwell instructed the jury, now made up of eight women and four men. "Accordingly, you must disregard your earlier deliberations and begin your deliberations anew. The law requires you to base your verdict solely upon the evidence," the judge added. "The verdict must represent the verdict of each juror, including the new juror that's been seated."

© 2011 Hedge Fund Writer LLC