Posted on 10/13/2007 6:30:50 AM PDT by calcowgirl
A prominent Texas Republican has sued Rudy Giulianis law firm and a close friend and partner of Giulianis, Kenneth Caruso, alleging that Caruso, the firm and others "schemed and conspired to steal $10 million."
J. Virgil Waggoner, a Houston businessman and philanthropist, filed the previously unreported suit in New York State Supreme Court in Manhattan in July. He alleges that Caruso, his former lawyer, conspired with Waggoners investment adviser to cover up the disappearance of $10 million Waggoner invested through a Caribbean bank, the British Trade & Commerce Bank.
Waggoner claims Caruso "may have also been romantically involved" with the investment adviser.
The Caribbean bank was shut down after its handling of Waggoners investment came to light, and its president was later jailed for money laundering.
Caruso, Bracewell & Giuliani, and Carusos two former firms all named as defendants have filed motions to dismiss the complaint on largely procedural grounds, and Carusos personal defense lawyer, Fred Warder, called it "meritless."
"Its a pretty familiar tale of a deal gone bad and the principal trying to scapegoat his lawyers," Warder said. "We expect it will go away on motions."
The Waggoner lawsuit is the latest messy allegation to hit Giulianis private businesses, which include the law firm and his consulting firm, Giuliani Partners, located five blocks from each other in Midtown Manhattan.
His former police commissioner, Bernard Kerik, left the consulting firm after his nomination to head the Department of Homeland Security collapsed amid questions about his personal ethics. Kerik was convicted and fined in 2006 for illegally accepting gifts and failing to report a personal loan while running the police department.
Giuliani and his firm have also faced protests for employing a Giuliani childhood friend and Catholic priest, Alan Placa, who was barred from priestly duties after being accused of molesting boys more than two decades ago. Placa has insisted the charges are false, and Giuliani has stoutly defended him.
Caruso, who joined Bracewell & Giuliani in 2005, was, like many of the former New York mayors tight inner circle, an assistant U.S. attorney when Giuliani was U.S. attorney for the Southern District in the Reagan administration.
Later, he worked on Giulianis mayoral campaigns. In Giulianis book, "Leadership," he describes Caruso as "a close friend" whose advice he sought when he was diagnosed with prostate cancer in 2000.
"I dont care if youre a senator or a mayor or anything else. You cant do anything unless you live and are healthy. Youre my friend. Put your health first," Giuliani recalled Caruso telling him. Giuliani writes that he took Carusos advice and dropped out of the race to replace former New York Sen. Daniel Patrick Moynihan.
Giulianis personal financial disclosure form, required for presidential candidates, also shows an undated, apparently interest-free personal loan from Giuliani to Caruso valued between $250,000 and $500,000. There could have been interest compounded in a previous year (or if its below $201, it would not have to be listed).
Giulianis spokeswoman, Katie Levinson, declined to comment on the Waggoner lawsuit or the loan, referring comments to Warder. Melanie Hillis, a spokeswoman for Bracewell & Giuliani, whose main office is in Houston, also referred questions about the case to Warder.
Warder said last week he would seek his clients response to a detailed list of questions stemming from the complaint. Warder said Monday he was "not at liberty" to answer any questions except to say that the personal loan is not connected to the case.
Waggoner is an unlikely antagonist for the Republican front-runner. The founder of the Sterling Chemical Company, Waggoner now in his late 70s and retired has long been a major player in Texas Republican circles and gave tens of thousands of dollars to the campaigns for governor of now-President George W. Bush and the current governor, Rick Perry.
In 2000, he wrote a $250,000 check to the Republican National Committee. But he hasnt contributed to any 2008 presidential campaigns.
The sequence leading to Waggoners lawsuit, according to the complaint, began at a Texas Republican fundraiser in 1996. There, the chemical executive met Lisa Duperier, who had been an unsuccessful 1986 GOP candidate for Congress in the Houston area.
The next year, the complaint says, Duperier who is not named in the suit convinced him to invest $10 million in a "High Yield Investment Program," promising extravagant returns and little risk.
The investment never yielded a penny, and it became a case study in concerns about international banking on Capitol Hill. In February 2001, the ranking Democrat on the Senate Investigations Committee, Michigan Sen. Carl Levin, released a report titled "Correspondent Banking: A Gateway for Money Laundering."
The report, which found the British Trade & Commerce Banks handling of Waggoners money "troubling," suggested Waggoner had been "told by [the bank] that the $10 million investment would produce $50 million or more in profits in less than six months."
The report said investigators found "no clear evidence that the [Waggoner] funds were ever invested."
Federal Judge Robert Sweet, who presided over an earlier attempt by Waggoner to recover part of his money, remarked that the promises "sound so preposterous that it is difficult to fathom how any investor could imagine they would be fulfilled," according to a motion filed by another defendant in Waggoners suit, Carusos former firm of Chadbourne & Parke.
The Senate report does not mention Duperier. It says that Caruso, then Waggoners lawyer, refused to cooperate with Senate investigators.
In the summer of 1998, Waggoners complaint says, Waggoner became concerned about his investment, and Duperier suggested he hire Caruso to investigate the whereabouts of his money and to attempt to recover it.
Waggoner now claims, according to the complaint, that Duperier was involved in the fraud and was living with a vice president of the British Trade & Commerce Bank, Charles Brazie, a fact of which Caruso also allegedly romantically linked to Duperier, according to the suit was allegedly aware.
Waggoner also complains that Caruso never told him that investments like his "were regarded as fraudulent and their promoters were generally considered as con artists."
Instead, he says, Caruso actually "sought and agreed to represent a principal of [the British Trade & Commerce Bank, Brazie] in connection with a 2001 U.S. Senate investigation" without disclosing the alleged conflict to Waggoner.
In the wake of the Senate report, the tiny Commonwealth of Dominica revoked the banks license. The banks president, Rodolfo Requena, was subsequently convicted in federal court in Miami on money laundering charges and sentenced to 30 months in jail.
Waggoner accuses Duperier of involvement in the alleged fraud and alleges that Caruso worked closely with Duperier who initially steered Waggoner to the investment. The complaint cites a 1998 fax in which Duperier offered "talking points" to Caruso on how best to talk to Waggoner:
"As long as you are forceful, it should be OK. Repeat things and be direct. Just give him a sense that things are moving and hes not being shoved aside."
In an e-mail from the same year cited in the complaint, Duperier allegedly wrote of the investment program that there was "big money here. Remember, my share of this deal ultimately is $10 million."
Waggoner now seeks to recover his investment, along with punitive damages.
Duperier, who now lives in Washington and is a neighborhood activist in the Adams Morgan neighborhood, did not respond to messages left on her work and cell phones over nearly a weeks time. Waggoners New York lawyer, James Mahon, declined to explain why she is not named in the suit. Mahon declined to comment on whether he had shared details of the case with federal prosecutors at the Southern District of New York, where Giuliani served as U.S. attorney.
A spokeswoman for the U.S. attorney, Yusill Scribner, declined to comment on any aspect of the case, citing office policy not to confirm or deny the existence of ongoing investigations.
http://www.politico.com/static/PPM42_carusocomplaint.html
Caruso Complaint
http://www.amlcft.com/US%20Senate%20Correspondent%20Banking%20report.pdf
US Senate - Report on Correspondent Banking, February 2001
http://www.amlcft.com/US%20Senate%20Correspondent%20Banking%20case%20histories%201-7.pdf
US Senate - Report on Correspondent Banking Case Histories 1-7, February 2001
http://www.amlcft.com/US%20Senate%20Correspondent%20Banking%20case%20histories%208-10.pdf
US Senate - Report on Correspondent Banking Case Histories 8-10, February 2001
http://www.amlcft.com/US%20Senate%20Correspondent%20Banking%20Summary%20of%20Scandals%208%20cases.pdf
US Senate - Report on Correspondent Banking Summary of Scandals 8 Cases, February 2001
Ping!
The magical Giuliani law firm.
Geez..only 10 million?!!Rudy’s got a lot to learn yet from the Clintons!!
Maybe they won’t be able to pin this on Giuliani but he already has too much baggage anyway. He has a great presence, has done well in the debates, but can you imagine the family scandals if he were to live in the White House? Way worse than Clinton. Way worse than Carter’s clan. Giuliani’s ex wife and the disgruntled children would be a constant distraction. Sad but true.
FYI
I don’t quite follow, if the money was never invested, then where did it go? They don’t have a paper trail of what happened to the money after it went to the bank?
So, if someone at the Rose Law Firm misbehaves, we can use it to smear Her Who Must Be Stopped?
The Commonwealth of Dominica revoked the banks license after a Senate report titled Correspondent Banking: A Gateway for Money Laundering was issued. The banks president, Rodolfo Requena, was subsequently convicted in federal court in Miami on money laundering charges and sentenced to 30 months in jail.
Money-laundering? OMG---how awful. Geez, I wonder if Waggoner was told about Rooty and his partners' other global interests (lots and lotsa places they could hide $10 million):
(1) Giuliani Capital Advisors, LLC (AKA Giuliani Partners LLC),
(2) Giuliani Group,
(3) Giuliani-Kerik (re-named Giuliani Security and Safety, after the departure of the tainted ex-Police Commissioner),
(4) Giuliani-Van Essen,
(5) Bracewell & Giuliani LLP law firm (based in Texas with global interests),
(6) Bracewell & Giuliani has two offices in Kazakhstan (a former Soviet state in Central Asia), and,
(7) Giuliani Security & Safety, Asia
DETAILS
Bracewell & Giuliani, Almaty, Kazakhstan (in Central Asia). Giuliani has two offices there---January closings totalled $1.625 Billion. NOTE WELL: ROOTY HELD A CAMPAIGN FUND-RAISER IN KAZAKHSTAN.
Bracewell & Giuliani's Cintra Concesiones de Infraestructuras de Transporte, S.A., a Spanish transportation company (lobbied for Privatization of Toll Road in Texas)
Bracewell & Giuliani's Banco Santander Central Hispano, S.A. (SAN.MC, STD.N) (a bank that traded with a blacklisted Iranian Bank)
Bracewell & Giuliani's company tied to Venezuelan dictator Hugo Chávez, who has called President Bush "the devil." Bracewell & Giuliani lobbies on behalf of Texas-based Citgo Petroleum, a wholly owned subsidiary of the Venezuelan oil company controlled by Chávez.
================================
Bracewell & Giuliani Firm Advises Cintra in First Privatization of Toll Road in Texas
DALLAS (March 1, 2007) Bracewell & Giuliani LLP (Texas-based law firm with global connections) advised Cintra Concesiones de Infraestructuras de Transporte, S.A., a Spanish transportation company, in its successful bid to develop State Highway 121 into a toll road through Collin and Denton counties.
The award to Cintra, approved by the Texas Transportation Commission, is the first privatization of a Texas toll road. Bracewell is acting as project counsel to Cintra with respect to the 50-year concession from the Texas Department of Transportation. Cintra will pay a $2.1 billion upfront and annual lease payments totaling $700 million. "Cintra was awarded this project because of its proven expertise and competitive proposal," said Thomas O. Moore, partner with Bracewell & Giuliani. "This is the largest transportation deal of 2007. This is one of only five deals in the country." http://www.freerepublic.com/focus/f-chat/1803916/posts
Construction of Hway in Mexico
NASCO Map of Corridor
NASCO Members: United States: Texas Dept. of Transportation Iowa Department of Transportation State of Oklahoma Minnesota Dept. of Transportation Bell County, Texas Denton County, Texas Tarrant County, Texas Webb County, Texas Jackson County, Missouri City of Denton, Texas City of Ft. Worth, Texas City of Gainesville, Texas City of Kansas City, Missouri International Trade Institute of the Americas Free Trade Alliance San Antonio Port San Antonio United States - Mexico Chamber of Commerce Kansas City SmartPort The Ardmore Development Authority, City of Ardmore, Oklahoma Belton Economic Development Corporation The Des Moines Area Metropolitan Planning Organization The Allen Group Hillwood - Alliance Texas The Ambassador Bridge Detroit/Windsor Crossing American Airlines Blackwood, Langworthy & Tyson, an established Kansas City law firm Cadre Technologies Franco Eleuteri & Associates EWI Risk Services, Inc. GrowthNet Trading, LLC International Bank of Commerce Love's Travel Stops & Country Stores PROTECT-US, Inc. Scrub Oak Technologies Strasburger & Price Law Firm Trans Am Group Yellow Roadway Corporation Worldwide The NAFTA Superhighway
AND NASCO member Lockheed Martin (the only Pentagon defense contractor listed).
Let's see. We got sex....we got lies........so where's the videotape?
No, we should just ignore all corruption, especially if it involves people close to your favorite politician. We shouldn't even consider that when folks surround themselves with crooks that it might just reflect on what kind of administration they might bring in if elected president. And especially if they have an "R" next to their name and if they can "win." Then never, ever, ever look under the covers. After all, it's so much better if everyone just closes their eyes and votes like sheeple. /s
Ouch!
Several scenarios present themselves:
(1) No state and federal taxes were paid on the $10M; it was taken out of company assets without stockholders/investors knowing about it;
(2) Waggoner was laundering the $10M and didn't get his cut (or wanted more) so he started squealing;
(3) Waggoner knows something BIG and is using the measely $10M as a shield to save himself.
That’s going to be one heck of a divorce settlement one of these days.
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