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World News

U.S. warning about Hong Kong alerts Washington might do extra: Lawyer

The U.S. has issued a warning to U.S. companies operating in Hong Kong — signaling that Washington could take further action, says a lawyer who specializes in international trade compliance.

Adam Smith, a partner at law firm Gibson, Dunn & Crutcher, said Friday’s financial and regulatory risks advisory was “quite substantial” but it “doesn’t actually do anything with respect to changing the rules” right now.

However, it does indicate “there’s a lot more the U.S. could do” from a policy perspective, he told CNBC’s “Capital Connection” on Monday.

The nine-page advisory on Friday warned that U.S. firms are encountering several risks posed by China’s national security law in Hong Kong. Washington also announced sanctions on seven Chinese officials for violating Hong Kong’s autonomy.

Possible next steps

In response to Beijing’s crackdown on the former British colony, Smith said, what would “really change the nature of engagement and risk for parties in Hong Kong” would be sanctions on organizations, entities and institutions, which have been absent so far.

Sanctions on individuals can be a challenge to U.S. firms in Hong Kong, but the “real difficulty” would come from restrictions on organizations that businesses need to interact with frequently, he said.

People wearing face masks crossing a street at Hong Kong’s Wan Chai district on Feb. 16, 2021.

Zhang Wei | China News Service | Getty Images

Hong Kong’s attraction

For now, however, there remains “too much opportunity” in Hong Kong for businesses to move out of the city.

“Hong Kong … still has an unbelievable amount of human capital that many companies still need,” he said.

Kurt Tong, a former consul general representing the U.S., and chief of mission in Hong Kong and Macao, said Hong Kong is still a good place for businesses to be despite the risks.

“There’s legal risk, there’s reputational risk, there’s a certain amount of operation risk — but I think that those risks are measured,” he said.

“At the same time, (businesses) need to keep their eye on the big picture, which is that China is an enormous and attractive economy to do business with. And Hong Kong is in many ways, still … one of the best platforms to do that work,” he added.

The rhetoric has been so tough from both sides, so there’s a lot of face-saving that needs to be done.

Kurt Tong

partner, The Asia Group

Tong, a partner at advisory firm The Asia Group, said the rule of law in Hong Kong has deteriorated, but most businesses are not convinced that it has been completely wiped out.

“I think it will take more to drive companies out of Hong Kong than the changes that have taken place thus far,” he told CNBC’s “Squawk Box Asia.”

Biden-Xi meeting?

As for the path forward, Tong said he expects U.S. President Joe Biden and Chinese President Xi Jinping to meet in the fall, and discuss each of their “red lines” that cannot be crossed.

In the meantime, he said, “diplomatic jousting” will continue.

“The rhetoric has been so tough from both sides, so there’s a lot of face-saving that needs to be done,” he added.

Trade discussions between the two sides have stalled for now, and the U.S. doesn’t have incentives to enter negotiations because it doesn’t believe such talks will be successful, Tong said.

“It’s a complex picture … the U.S.-China relationship under the Biden-Xi era,” Tong said. “We’re still on the … first scene of the first act of how this is going to play out over the coming year.”

Indeed. After Tong and Smith spoke, a new alliance of NATO member states, the European Union, Australia, New Zealand and Japan blamed China’s Ministry of State Security for a massive cyberattack on Microsoft Exchange email servers earlier this year.

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Entertainment

Britney Spears’s Lawyer Asks to Step Down from Court docket-Appointed Function

An attorney representing Britney Spears at the Conservatory, who has overseen her life for the past 13 years, moved on Tuesday to be allowed to resign and be the last party to resign from the agreement after Ms. Spears did so at a hearing at the labeled abusive last month.

Samuel D. Ingham III, a veteran of the California probate system, has represented Ms. Spears since 2008 when a Los Angeles court granted preservation powers to the singer’s father and a probate attorney given her mental health and substance abuse concerns. Mr Ingham was appointed by the court after it was found that Mrs Spears, who was hospitalized at the time, was unable to hire her own lawyer.

At a June 23 hearing, Ms. Spears vehemently criticized the conservatory, claiming she had been forced to perform, take debilitating drugs, and remain under birth control.

The singer also asked questions about Mr. Ingham’s advocacy on her behalf, partly because she told the court that she didn’t know how to end the deal. Ms. Spears informed the judge that she wanted to hire her own lawyer.

“I didn’t know I could move to quit the conservatory,” Ms. Spears, 39, said in court. “I’m sorry for my ignorance, but to be honest, I didn’t know that.” She added, “My lawyer says I can’t – it’s not good, I can’t tell the public what they did to me.”

“He told me to really keep it to myself,” said the singer.

It is not known what private discussions Mr. Ingham and Mrs. Spears have had about whether or how they might move to terminate the Conservatories. Last year, Mr. Ingham began looking for significant setup changes on behalf of Ms. Spears, including attempts to remove power from her father, James P. Spears, who maintains control of the singer’s $ 60 million fortune.

Mr. Ingham’s total income from Ms. Spears’ conservatory since 2008 is nearly $ 3 million; Ms. Spears is responsible for paying attorneys on both sides of the case, including those who argue against her will.

Mr Ingham did not immediately respond to a request for comment. On his file, he asked the court to assign a new lawyer to Ms. Spears, but did not address his reasons for withdrawing. The filing also included the letter of termination from the law firm Loeb & Loeb, whom Mr. Ingham had recently called in to help.

Mr Ingham said he would stay in office until the court appoints a new attorney for Ms. Spears, but it is not clear how a new attorney will be selected or whether Ms. Spears would have a say on the matter.

Filing comes a day after Ms. Spears’ longtime manager Larry Rudolph also resigned. In a letter to Mrs. Spears’ co-restorers, Mr. Spears and Jodi Montgomery, who is responsible for the personal care of the singer, Mr. Rudolph said he learned that Ms. Spears had expressed intentions to officially retire.

Ms. Spears has not played or released any new music since 2018. In January 2019, she announced an “indefinite break from work,” canceled an upcoming residency in Las Vegas, and announced her father’s health.

Last month, Ms. Spears said in court that she had been pressured into these scheduled performances and an earlier tour. She described being forced into weeks of involuntary medical examinations and rehab after speaking out against choreography in rehearsals. “I’m not here to be anyone’s slave,” said Ms. Spears. “I can say no to a dance step.”

She told the judge, “My father and everyone involved in this conservatory organization and my management who played a huge role in the punishment when I said no – ma’am, you should be in jail.”

Last week, an asset management firm that was to take over as co-manager of the singer’s estate also moved to resign, citing the “changed circumstances” following public criticism from Ms. Spears. The company, Bessemer Trust, said in a judicial file that it believed conservation was voluntary and that Ms. Spears had agreed to allow the company to co-restorer alongside her father.

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Politics

Trump lawyer Michael Cohen strikes to sue U.S. over jail return and ebook

Michael Cohen leaves the Manhattan Attorney’s Office in New York City on March 19, 2021.

Michael M. Santiago | Getty Images

Michael Cohen, the former personal lawyer and fixer of ex-President Donald Trump, has sued the US government for $ 20 million for being illegally jailed last year in retaliation for planning a book about Trump.

Cohen has filed a lawsuit against the US Prison Bureau, accusing the government of false arrest, false detention and unlawful detention.

Cohen, 54, says he suffered “emotional pain and suffering, mental agony and the loss of freedom” when he was sent back to federal prison just weeks after his early leave in July 2020 on concerns about his risk from Covid-19 has been.

Cohen’s attorneys are preparing a second lawsuit alleging that then Attorney General William Barr and BOP Director Michael Carvajal violated his freedom of expression in the First Amendment by putting him back in prison.

The filing comes almost a year after a Manhattan federal judge ordering Cohen’s release after more than two weeks ruled that Barr and Carvajal’s purpose in sending Cohen back to prison was “retaliation in response that Cohen intended to exercise his First Amendment ”. Rights to publish a book critical of the presidency and to discuss the book on social media. “

The government has six months to respond to Cohen’s lawsuit. If she doesn’t respond, he could file a lawsuit against the government and other defendants.

The Bureau of Prisons did not immediately respond to a request for comment.

Cohen declined to comment on the case.

His attorney Jeffrey Levine said in a statement: “Mr. Cohen was the personal attorney for the President of the United States, and if he could be thrown in jail for writing a critical book about the President, the President’s imagination didn’t take far to go. ” before we realize that such unacceptable and unconstitutional behavior could be directed against any of us. “

“This is not an exaggeration and it is not acceptable,” said Levine.

Levine told CNBC that Cohen was looking for documents under the Freedom of Information Act that “lead to retaliation” but “nothing significant” was provided by the government.

“The filing [of a claim] … is the beginning of our search for the truth, “Levine said in an email.” That is the Justice Department’s gun violence by former President and his accomplice AG William Barr, and responsibility for their actions. “

Cohen, who served Trump faithfully for years, pleaded guilty to several federal crimes in 2018.

These included campaign funding violations related to hush money payments to women who claimed to have sex with Trump, lying to Congress about plans to build a Trump Tower in Moscow, and financial crime.

Cohen also became a harsh critic of Trump and cooperated with several investigations against the then president.

On Thursday, the Trump Organization and its CFO Allen Weisselberg were indicted in the Manhattan Supreme Court over a tax evasion scheme on the compensation of executives, including Weisselberg. Cohen assisted the Manhattan District Attorney’s investigation into the charges.

Cohen went to jail in early 2019 after being sentenced to three years in prison. In spring 2020, however, he was given leave of absence because he feared that he was particularly at risk from the corona virus due to previous illnesses.

Shortly after his release, Cohen and his attorney were called to Manhattan on July 9 for a meeting with federal probation officers to discuss the terms of his home detention, which he was serving in lieu of his sentence.

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Cohen was taken into custody that day and returned to Otisville, New York Jail, after resisting on condition that he would not publish a book about Trump or anyone else while serving the remainder of his sentence in domestic custody.

“I’ve never seen a clause like this in 21 years as a judge and convicting people,” Judge Alvin Hellerstein said during a hearing where Cohen’s lawyers demanded his release. “How can I draw conclusions other than retaliation?”

Last year the BOP said: “Any claim that the decision to send Michael Cohen to prison was in retaliation is obviously wrong.”

“While it is not uncommon for BOP to limit inmates’ contact with the media in some way, Mr. Cohen’s refusal to accept these terms here played no part in the decision to take him into custody, nor did his intention to publish a book . “

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Politics

Former Trump lawyer Alan Dershowitz sues

Alan Dershowitz

John Lamparski | Getty Images

Famed attorney Alan Dershowitz on Wednesday filed a multimillion-dollar lawsuit against Netflix and the producers of “Jeffrey Epstein: Filthy Rich” over his portrayal in the docuseries about the deceased multimillionaire and accused child sex trafficker.

Lawyers for Dershowitz, who was interviewed for the 2020 series, allege he was misled “knowingly and deliberately” by the producers, who “maliciously and intentionally” portrayed him in “a defamatory manner.”

They did that by “promoting and bolstering false allegations of sexual misconduct against Professor Dershowitz,” says the lawsuit, which was filed in southern Florida federal court.

A Netflix spokesperson told CNBC in a statement that Dershowitz’s lawsuit “is without merit, and we will vigorously defend our partners and the series.”  

Dershowitz is also suing Radical Media LLC and Leroy & Morton Productions LLC, as well as the show’s director, Lisa Bryant, and producer Joseph Berlinger.

Epstein victim Virginia Giuffre alleges she had been recruited as part of the dead money manager’s sex trafficking operation and had been directed to have sex with Dershowitz and others.

Dershowitz, who is still fighting Giuffre in court, denies he had sex with her and says he never met her. His defamation suit accuses the defendants of “not presenting evidence in the Netflix Epstein series that they received and agreed to present,” which he says exonerates him.

Dershowitz’s denial and Giuffre’s accusation “come off as a ‘he said/she said’ conflict,” the lawsuit states. But “it wasn’t a ‘he said/she said’ situation, however, given Professor Dershowitz’s totality of the evidence establishing he never had sex with Giuffre,” the lawyers argue.

Bryant “deliberately broke” her repeated promise to include in the Netflix series “all the evidence that Professor Dershowitz presented to her disproving Giuffre’s allegations against Professor Dershowitz,” the lawsuit alleges.

A lawyer for Giuffre did not immediately respond to a request for comment.

Dershowitz is demanding at least $20 million each in damages for four separate causes of action, including defamation and breach of contract, according to the lawsuit.

Philip Byler, an attorney for Dershowitz, told CNBC in an email that “the damages figure reflects that Professor Dershowitz’s reputation has been severely damaged.” He noted that compensatory claims usually get refined during the course of litigation.

“I am sure you would not want to be taunted about liking sex with underage girls,” Byler added.

Dershowitz more than a decade earlier had helped negotiate a plea bargain for Epstein that required the financier to register as a sex offender. Epstein was arrested on sex trafficking charges in July 2019. He hanged himself in his jail cell in Manhattan federal lockup about a month later.

A Harvard Law professor, Dershowitz had also joined former President Donald Trump’s legal team during his first impeachment fight.

More recently, he told CNBC he was advising lawyers for MyPillow CEO and election conspiracy theorist Mike Lindell in a defamation suit.

Byler in a statement said Netflix and the Epstein show’s producers used the professor’s name “to drive views of their miniseries and then proceeded to defame him with clever manipulation of facts.”

“This makes a mockery of our First Amendment, victims’ rights, and the truth itself,” Byler said.

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Politics

Melinda Gates divorce lawyer joins Connecticut lawmaker struggle with Morgan Stanley exec

Senator Alex Bergstein

Source: ALEX for the Senate | Youtube

An already controversial divorce case between a Connecticut senator and her top Morgan Stanley husband has gotten even hotter with the arrival of a senior new attorney – who is also representing Melinda Gates in her mega-billion dollar bankruptcy with the Microsoft founder Bill Gates.

The new divorce attorney, Robert Cohen, also restored former President Donald Trump’s first two wives, Ivana Trump and Marla Maples.

Cohen is now working on the newly expanded legal team of Senator Alex Kasser, D-Greenwich, who this week fired a legal shot that threatens to drag other Morgan Stanley employees and the firm itself into divorce cases.

Kasser’s attorneys asked a judge to allow them to question three Morgan Stanley employees under oath, indicating the investment bank’s recent improper efforts to obtain personal financial information from her, even if her estranged husband, Seth Bergstein, remains there as a senior Managing Director and is Head of Global Services.

“Plaintiff [Kasser] is in possession of evidence suggesting that the accused [Bergstein] abused his authority at Morgan Stanley … against these subordinates, “reads a new file drawn up by Cohen’s legal partner, John Farley.

“He also appears to have encouraged MS staff to use false and coercive communications to the plaintiff to induce her to disclose personal financial information to which he was not entitled and appear to have taken an undue advantage in ongoing controversial divorce proceedings in this court attain “said the filing says.

Morgan Stanley’s private wealth management and risk management staff at the end of April gave Kasser “false information” about FINRA regulations, court orders, and Connecticut law as part of that effort.

The investigation referred to a joint report at Morgan Stanley that Kasser has shared with Bergstein for two decades. Permanent employees claim it has been “marked in red” and excluded from Kasser’s tax refund check “until we can confirm the account holder’s total net worth.”

Kasser’s attorneys also suggest that Bergstein may have acted illegally in July 2016 by asking a Morgan Stanley notary to certify a document executed for him for one of his trusts without him or his brother actually signing that document.

“As a result, the accused appears to have committed a crime by giving a knowing instruction to a subordinate to commit an illegal act,” Farley wrote on the file.

This request to the notary is documented in an email attached to a new Stamford, Connecticut, Superior Court motion to begin divorce proceedings against Bergstein and Kasser in August.

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Other emails filed by Kasser’s attorneys in court point to the changing explanations Morgan Stanley employees have given her for inquiries about her assets and the lack of direct responses to questions Kasser asked them about them Has made inquiries.

In one of those emails from Howard Gofstein, Executive Director of Private Wealth, Kasser was told that the query of her net worth was based on FINRA’s anti-money laundering regulations and for the knowledge of your clients. The message added that “we need to update when we know, but at least every three years.[sic]””

Farley’s court record states, “There is also no regulatory requirement that a bank ‘update … at least every three years’.”

“The Court should also be aware that misapplication of securities laws can have serious regulatory consequences for financial institutions and their employees,” wrote Farley.

A spokeswoman for Morgan Stanley and Bergstein’s attorney Janet Battey declined to speak to CNBC.

Kasser, who previously worked as a lawyer for the white shoe company Skadden Arps, also declined to comment.

A bitter breakup

The new allegations have reinforced what was a bitter case from the start, filed more than two years ago when Kasser split up with Bergstein, with whom she has three children.

After that, she began a romantic relationship with another woman – Nichola Samponaro – who also happened to be the campaign manager for her 2018 Senate race.

CNBC detailed in 2019 how court records showed Bergstein, before his wife left him, proposed in 2018 that Samponaro, as a member of Kasser’s legislative staff, be paid with money he was willing to provide. Bergstein suggested channeling the money through a private company, which at one point belonged to Kasser’s mother, or through a Shell company, records show.

Bergstein never paid the money, the files say.

Samponaro left Kasser’s employees in her Senate office shortly after the Senator took her seat when questions were asked about Samponaro’s salary, which was paid directly by Kasser.

Kasser has since changed her last name, which used to be Bergstein, and continued her relationship with Samponaro.

Kasser also made headlines for citing a bill in Connecticut legislation known as Jennifer’s Law to add the concept of “coercive control” to the legal definition of domestic violence.

Obsessional control is defined as a partner who does things like withholding money or engaging in threatening behavior to prevent the other partner from leaving the relationship.

Kasser’s bill was passed almost unanimously by the Senate on Tuesday.

Last autumn, Kasser completed the re-election for her seat with a lead of only 0.8%. Their borough includes Greenwich and parts of Stamford and New Canaan. Before she won for the first time in 2018, that seat hadn’t been occupied by a Democrat in nearly 90 years.

Great background

Meanwhile, Kasser’s divorce case has flown largely under the media’s radar for the past two years.

That could change, however, with the recent unreported arrival of New York marriage lawyers Cohen and Farley as new members of Kasser’s legal team. The group included veteran Connecticut divorce attorneys.

Cohen’s marriage clients included Trump’s first wife, former New York City Mayor Mike Bloomberg, KKR & Co. co-founder Henry Kravis, and supermodel Christie Brinkley. He is currently representing Melinda Gates, who jointly announced their split from Bill Gates earlier this month after 27 years of marriage. Bill Gates’ net worth is estimated at north of $ 134 billion.

Central Islip, NY: Christie Brinkley and Attorney Robert Cohen speak to the media following a divorce settlement settlement with Peter Cook during the press conference at the Courthouse in Central Islip, New York on July 10, 2008.

Alan Raia | Newsday LLC | Newsday | Getty Images

Cohen declined to comment on this article.

However, another well-known New York City divorce attorney suggested Kasser made a wise decision to hire Cohen.

“He’s a fantastic lawyer,” said Marilyn Chinitz, whose celebrity married clients included actors Tom Cruise and Michael Douglas. “He’s talented, he’s aggressive.”

Chinitz is currently involved in four marriage cases in which Cohen is representing the other party.

“A case with Bob can be challenging, but it’s good to have a case with someone who knows the law and he’s a good trial attorney,” said Chinitz.

“He’s creative in solving a case.”

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Politics

Trump lawyer Rudy Giuliani not above the regulation, prosecutors say

Rudolph Giuliani, attorney for President Donald Trump, holds a press conference on Thursday, November 19, 2020, in the Republican National Committee on lawsuits related to the outcome of the 2020 presidential election.

Tom Williams | CQ Appeal, Inc. | Getty Images

Federal prosecutors said in a court case on Friday that “the mere fact” that Rudy Giuliani is a lawyer – one who represented former President Donald Trump – does not mean that he is “above the law or immune to criminal investigation “.

The filing pushed the efforts of Giuliani’s attorneys to attack the legality of search warrants on his iCloud account in 2019 and on his Manhattan home and office last month, as part of an ongoing criminal investigation into his activities in and related to the Ukraine were issued.

Eighteen electronic devices belonging to the former Mayor of New York and Giuliani Partners employees were seized under these arrest warrants in late April.

Giuliani’s lawyers argue that finding his iCloud – which Giuliani hadn’t known about for about 18 months – may have violated his legal and client rights, and Trump’s right as president to protect his communications with his attorney.

And they say recent search warrants may be compromised by their reliance on information from iCloud search.

Another well-known Republican attorney, Victoria Toensing, has been the subject of similar search warrants.

“The warrants authorizing the search of these devices were issued by a United States district judge – this court – on the basis of a finding that there was likely reason to believe that these devices contained evidence, fruits, and instruments of certain federal crimes.” the US attorney’s office for the southern borough of New York wrote in its new filing with the Manhattan Federal Court.

Prosecutors said searching for devices and electronic accounts owned by lawyers like Giuliani and Toensing “requires special care to protect the confidentiality of attorney-client communications that may appear in search materials.”

To that end, prosecutors said they had “gone beyond these obligations” by asking a judge to appoint a so-called special master to examine the recently seized materials for potentially privileged material, which was then approved by investigators who direct the material, Criminal investigation of Giuliani would be kept away.

Prosecutors said a so-called filter team had served the purpose to review the 2019 arrest warrants for his and Toensing’s iCloud accounts.

“But to be clear, the mere fact that Giuliani and Toensing are attorneys does not mean that they are above the law or immune from criminal investigations,” the prosecutor wrote.

“But that is exactly what Giuliani and Toensing argue in their motions: because they are lawyers, the enforcement of search warrants against them has been illegal and inappropriate, and as such they are entitled to the extraordinary and unprecedented means of converting a legitimately issued search warrant into subpoena so they can review their own materials and decide what the government will see. That is not the law and their applications should otherwise be denied, “the file said.

The prosecution argued in the filing that a judge should reject requests by Giuliani and Toensing to unseal the affidavits submitted to obtain the arrest warrants.

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Giuliani’s attorney Arthur Aidala pushed back against prosecution filing.

“According to the government, they are alluding to the fact that Mr Giuliani argues that he is above the law,” Aidala wrote in a text message to CNBC.

“Nobody says Mayor Giuliani is above the law,” Aidala wrote.

“However, the government has a duty to follow the specific procedures that must be followed when examining material obtained from a lawyer using a search warrant rather than issuing a subpoena.”

Aidala added: “Every attorney has legal and client rights that he must protect on behalf of his clients.”

“That privilege is doubled when the attorney’s client is the President of the United States, who also has executive privilege,” Aidala said.

Giuliani played a key role in attempting to gather harmful information about President Joe Biden and his son Hunter in connection with their business dealings in Ukraine. At the time, Biden was preparing to run for president and was widely viewed as Trump’s most viable Democratic challenger.

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Politics

Former Trump lawyer owned shell firm

Your Hometown Deli in Paulsboro, N.J.

Google Earth

Shell companies sure make strange bedfellows.

A New York real estate tax lawyer — who did work for former President Donald Trump decades ago — in 2011 purchased a shell company whose creators later became key investors in a mystery $100 million company that owns just a small New Jersey deli, records show.

The shell company — Europa Acquisition I Inc. — was one of eight shell entities set up in 2010 by Peter Reichard and Peter Coker Sr., the North Carolina-based investors in deli owner Hometown International.

After Reichard and Coker sold them, most of those shell companies — including the one later purchased by Trump’s former real estate tax lawyer Allan Schwartz — ended up having their registrations revoked by the Securities and Exchange Commission for failing to keep current in their disclosure filings, records show.

More about the $100 million NJ deli

Your Hometown Deli in Paulsboro, N.J., is no mere neighborhood delicatessen. Despite racking up less than $40,000 in sales over the past two years, the deli’s parent company has a $100 million valuation on the over-the-counter stock market.

CNBC has done some digging into the deli and the mysterious firms and investors linked to it. Here are some recent stories:

The shell companies were named in numerical sequence, starting with Europa Acquisition I and ending with Europa Acquisition VIII.

Schwartz, the former Trump lawyer, told CNBC in a phone interview that he knew nothing about Coker Sr. and Reichard, Hometown International, or its deli in Paulsboro, New Jersey, which has minuscule sales. Coker Sr. and Reichard sold the Europa shell months before Schwartz bought it from other entities.

Schwartz, 73, is the latest person with an eyebrow-raising history to pop up in financial records linked to the deli company investors or to entities they were involved in.

Schwartz laughed Monday when a reporter told him details about Hometown International, including its market valuation of $100 million despite owning a South Jersey deli that had sales of less than $37,000 for the past two years.

“I know nothing about it,” Schwartz chuckled after being told that key investors in Hometown International had created a shell company he once owned.

‘Buyer beware’

Schwartz is in good company.

A lot of people have laughed or made jokes about Hometown International since last month, when hedge fund manager David Einhorn first highlighted the deli owner’s preposterous market capitalization, and used it as a warning to retail investors.

“The pastrami must be amazing,” Einhorn racked in an oft-quoted line from that letter.

In recent weeks, CNBC has detailed criminal and regulatory sanctions imposed on people and entities linked to Coker Sr. and Reichard, reported on the investments by Duke and Vanderbilt universities in Hometown International, and revealed details about the opaque nature of a group of Macao-based investors in that company.

Articles also have explored the incongruous professional backgrounds of Hometown’s two executive officers — both of whom are public high school administrators — and the existence of a related shell company. That shell company E-Waste, like the deli owner, has a sky-high stock market capitalization that is not justified by any meaningful business operations.

Those articles led to the termination of consulting agreements in which Hometown International and E-Waste had paid thousands of dollars per month in fees to a firm controlled by Reichard and Coker Sr.

Another firm controlled by the two men, Europa Capital Investments, remains a major investor in Hometown International, as does Coker Sr. as an individual. Coker Sr.’s son, Hong Kong-based Peter Coker Jr., is the deli company’s chairman.

Peter Reichard, a top Perdue aide, takes the oath before his apearance in Wake County Court, Wednesday, December 14, 2011 in Raleigh, N.C.

John Rottet | The News & Observer | AP

A crooked pedigree

Records reviewed in recent days by CNBC show that a now-disbarred lawyer — who last year pleaded guilty to federal criminal charges related to a shell company factory scheme — also was involved in the creation of the Europa Acquisition shells for Coker Sr. and Reichard. That same lawyer three years later played a similar role in the creation of Hometown International and later securities filings for that company.

SEC records show that the accounting firm involved during the registration of the Europa Acquisition shell companies was an earlier incarnation of a Florida-based firm that handled accounting work for Hometown International.

The Florida firm itself was censured last year by an accounting oversight board last year for lack of oversight in work for a company that is not connected to either the deli owner or to the Europa shell companies.

CNBC last week obtained from the Raleigh, North Carolina, Police Department a record of Coker Sr.’s arrest on April 30, 2010, on a charge of soliciting a prostitute, who herself was arrested that day.

That arrest came nearly 18 years after Coker Sr. was reportedly arrested in Allentown, Pennsylvania — where he had been a high school basketball star — on prostitution and other charges. The Morning Call newspaper at the time reported that the then-49-year-old Coker was nabbed by police after allegedly exposing himself to three girls, one as young as 10 years old, and trying to proposition them.

Peter Lee Coker mugshot from the Raleigh/Wake City-County Bureau of Identification (CCBI).

Source: Raleigh/Wake City-County Bureau of Identification

“Yes,” Coker Sr. said when he answered his phone Monday and told that a reporter was calling.

“Thanks, but no,” he said when told that CNBC was preparing to publish another article about him. He then hung up after a reporter asked if he would listen to details of that article.

Coker, 78, previously was accused in lawsuits of hiding assets from a bank that he owed nearly $900,000, and also sued for business-related fraud. He has denied those allegations at the time of the lawsuits.

The 64-year-old Reichard, who was sued along with Coker Sr. in 2019 in a now-settled case regarding alleged business fraud involving a specialty foods retailer in North Carolina, did not return repeated requests for comment. His lawyer in the lawsuit had denied the plaintiff’s claims of wrongdoing at the time the case was filed.

In late 2011, Reichard was convicted in North Carolina court of a criminal scheme that illegally contributed thousands of dollars to the successful campaign of Bev Perdue, a Democrat, for governor of that state in 2008. The scheme involved the use of bogus consulting contracts with Tryon Capital, a firm controlled by Reichard and Coker Sr. The elder Coker was not charged in that case.

Tryon Capital is the same firm that until last month was being paid $15,000 a month by Hometown International for a consulting agreement, and $2,500 per month by E-Waste for a similar agreement.

In financial filings, Hometown International and E-Waste have indicated that they are marketing themselves as candidates for reverse mergers or other financial maneuvers, which would have them effectively taken over by a private company that wants to become publicly traded in the United States.

Shell game

Investments by outside entities in the past year, including ones linked to Duke and Vanderbilt that were placed by a Hong Kong-based investment firm, in both companies were meant to bolster that effort.

But the investments do not explain the bizarre steep rise of share prices of both Hometown International and E-Waste in the past year, particularly since E-Waste has no actual business.

Both stocks are thinly traded, at best, each day. They also, despite having millions of common stock shares outstanding, have relatively few shareholders, the largest of which are entities involved in the plan to have the companies merge with other firms.

If that plan is successful, shareholders are expected to receive a return on their investment that bears little, if any, resemblance to the current share prices of either company.

All of those facts raise the question of why anyone would pay so much now to buy shares of the companies on the open market.

Adding to the oddness is the fact that the CEO of the deli owner, 62-year-old Paul Morina, is the principal of Paulsboro High School, and the head coach of the school’s renowned wrestling team. The only other executive is Christine Lindemuth, 46, an administrator and a teacher at the same high school, which is close to the deli.

Paulsboro coach Paul Morina cheers on George Worthy as he takes on Bergen Catholic s Wade Unger in the 152-pound bout during a wrestling match at The Palestra in Philadelphia,

Joe Warner | USAToday

E-Waste’s only executive, 66-year-old New Jersey resident John Rollo, is a Grammy-winning music recording engineer who last year worked as a patient transporter at a New Jersey hospital.

The eight Europa Acquisition shell companies themselves were set up by Reichard and Coker Sr. as so-called blank check companies to become vehicles for transactions like those being sought by Hometown International and E-Waste according to SEC filings.

Several of the shells actually ended up being used for that purpose, in transactions that ended with them being controlled by China-based companies.

Those filings show that Europa Acquisition I was incorporated in Nevada in June 2010, and a month later filed a registration of securities with the SEC, as did four other Europa shells.

The three highest-numbered Europa shells were registered with the SEC in December 2010.

In 2020, Gregg Jaclin, the lawyer named on the Europa Acquisition company filings, pleaded guilty to federal criminal charges related to his creation of shell companies to sell to individuals “who use those shell companies as publicly traded vehicles for market manipulation schemes,” court records show.

None of the companies involved in that scheme were the Europa Acquisition shells.

Nor were they Hometown International, whose first SEC filings lists Jaclin as a lawyer for that corporation.

Jaclin, who was disbarred as a lawyer and sanctioned by the SEC for his actions, did not return requests for comment.

The Schwartz story

The July 2010 registration filing for Europa Acquisition I said that Reichard, who served as its president and director, held 60,000 shares of the company, while Coker Sr. held the remaining 40,000 shares.

That share split between the business partners was mirrored in other initial filings by Europa shells.

Less than three months later, Reichard and Coker sold all of their shares for $15,000 to two companies, Beige Holdings and Marlin Financial Group, filings show.

One of Schwartz’s sons, Gregory, then was appointed as president of Europa Acquisition I, filings state.

Then, in January 2011, Allan Schwartz himself paid $18,750 for 90%, or 90,000 shares, of the company, while Beige Holdings retained 10,000 shares.

“I had no doubt that I bought a quiet, clean shell company,” Allan Schwartz said in a phone interview.

Schwartz said that he purchased Europa Acquisition I — his first and only shell company — “with the hope that we could do something with it,” along the lines of a merger with a small company and possibly an additional issuance of stock.

But, he noted, “it never did anything,” after several years of Schwartz paying thousands of dollars annually to maintain the existence of the company, which at some point he had renamed Wintahenderson International.

“At a certain point, I said that’s the end of it,” recalled Schwartz. “We just let the company go out of business.”

Wintahenderson last filed a required quarterly report with the SEC in 2017, according to the regulator’s online database.

Last September, the SEC revoked Wintahenderson’s registration for failing to file required periodic reports. The SEC had taken similar action for the same reason against most of the other Europa Acquisition shells years earlier.

Working for Trump

Schwartz currently is senior counsel and senior managing partner at the Manhattan firm of Podell, Schwartz, Schecter & Banfield, which represents property owners seeking to reduce their property taxes.

Schwartz’s current firm, which is a leader in real-estate tax work, merged in 1997 with his prior firm, Schwartz & Weiss.

“At one point in time our firm did represent Trump, but that’s going back 27 years or more,” Schwartz said.

“I don’t think I represented Trump for more than two, three years,” Schwartz said. “I think I met him once in his office at Trump Tower … 99% of the time I was dealing with someone in his office.”

At some point, Schwartz said, Trump “switched real estate tax attorneys.”

“Sometimes clients choose to go with another firm,” Schwartz said. “Maybe he wasn’t happy, and he changes lawyers.”

Schwartz said that decades ago a former New York City tax assessor and city Tax Commission hearing officer named Thomas McArdle may have done some work for his law firm after becoming a consultant.

But Schwartz said that he had “zero recollection” of McArdle performing any work in connection with Trump’s properties for Schwartz’s firm

In 2002, The New York Times reported that McArdle was a key figure in a federal indictment filed against 18 other then-current and former city tax assessors, who were charged in a decades-long scheme with accepting millions of dollars of bribes in exchange for lowering property taxes for commercial property owners.

Prosecutors said at the time that the scheme had cost New York City $160 million in lost tax revenue during the prior four years alone.

McArdle, who died in 2013, was never charged in that case but was identified in news reports as a cooperating witness in the investigation.

In a 2002 Times article, Schwartz’s then-lawyer, Benjamin Brafman, acknowledged that Schwartz had worked for Trump in the past, but added that “it did not involve Mr. McArdle, to our knowledge.”

”McArdle was an industrywide consultant who was used by the most prominent and well-respected law firms and real estate firms in the city,” Brafman said at the time. Brafman also said Schwartz was “not aware of any wrongdoing by McArdle” or anyone else.

The Times reported at the time that Trump told the newspaper that “he stopped using Mr. Schwartz in the early 1990s because he seemed ineffectual.”

Jason Miller, a spokesman for Trump, did not return a request for comment from CNBC.

Echoes of scandals past

Schwartz on Monday told CNBC that he was aware nearly two decades ago that “there was a scandal” around McArdle. But he also said that he was not personally aware of any wrongdoing by McArdle in connection with his work for Schwartz’s firm.

In March 2020, an article by ProPublica and WNYC radio reported that five former city tax assessors and city employees, as well as a former Trump Organization employee, had said that the Trump Organization paid bribes, using middlemen to city tax assessors to lower its property tax bills for several Manhattan buildings in the 1980s and 1990s.

The city employees interviewed for that article were among those 18 who all pleaded guilty in the scheme said to involve McArdle.

CNBC has reached out for comment to the Trump Organization.

Last year, the Trump Organization’s chief legal officer, Alan Garten, denied the allegations. “To be clear, at no time did the Trump Organization or any of its employees or principals ever pay anyone for the purpose of unlawfully obtaining a lower tax valuation,” he told ProPublica and WNYC for their article.

“This was corroborated by multiple investigations which found no evidence of any wrongdoing by the company or any of its principals. … If anything, the Trump Organization was a victim of the scandal,” Garten said.

Trump and his company currently are the subjects of a criminal investigation by Manhattan District Attorney Cyrus Vance Jr.

Vance’s office among other things is eyeing allegations that the Trump Organization manipulated the valuation of certain real estate properties to lower their tax bill and insurance costs, and to receive more favorable terms from lenders.

New York State Attorney General Letitia James is conducting a civil investigation of the Trump Organization that is focused on those same allegations. The claims were first raised during testimony to Congress in 2019 by Michael Cohen, Trump’s former personal lawyer, who is cooperating with Vance’s investigation.

Trump, a Republican, has denied any wrongdoing and also has claimed that both investigations are “witch hunts” by Vance and James, both of whom are Democrats.

Among the Trump properties being eyed in both probes is 40 Wall Street, a skyscraper in lower Manhattan.

Schwartz said that he represented the owners of 40 Wall Street before it was sold to Trump. He also said that he never represented Trump in connection with that building.

The lawyer said that no one from either Vance’s or James’ office has contacted him to ask about his work for Trump.

Schwartz said he has no reason to believe that Trump or his company misstated the incomes of their properties in their appeals of city assessment rulings, which if successful led to a reduction in tax liabilities.

He noted that property owners “must submit certified statements of income and expenses on their tax commission forms.”

“That’s the basis on which real estate attorneys argue” for lower assessments, he said.

“Do I think he submitted phony statements?” Schwartz added. “I would suspect no, but I have no idea. I don’t know, nor would I have any reason to suspect that he did.”

Schwartz was bemused and spoke matter-of-factly about his link to Trump.

“I can’t dispute the facts, but it’s funny that there are so many facts that are related to each other,” Schwartz said. “Everything that you discussed is in the public record.”

He added: “Of all the characters you’ve mentioned, the only one I can tell you that I knew was Trump, for a short period of time. And McArdle.”

In addition to having worked for Trump, Schwartz at one point had an office in the Villard Houses in Manhattan, a historic landmark owned by the Sultan of Brunei, on land leased from the Roman Catholic Archdiocese of New York.

Schwartz’s office there was one floor below the office of the mysterious money manager Jeffrey Epstein, a convicted sex criminal who killed himself in 2019 while in a Manhattan jail awaiting trial on federal child sex trafficking charges.

Epstein was a former friend of Trump’s, as well as of another former president, Bill Clinton.

“Never met him,” Schwartz said of Epstein. “I never saw him in the building.”

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Politics

Biden says not instructed upfront, Trump defends lawyer

New York police officers are investigating the building that houses former President Donald Trump’s personal attorney and former New York City Mayor Rudy Giuliani after the FBI issued a search warrant on Giuliani’s Manhattan apartment in New York City in April, USA, issued 28, 2021.

Tayfun Coskun | Anadolu Agency | Getty Images

President Joe Biden said he was not given advance notice of the FBI’s execution of search warrants on the home and office of Rudy Giuliani, one of former President Donald Trump’s personal lawyers.

“I give you my word, I was not informed,” Biden previously told MSNBC’s Craig Melvin in an interview that aired Thursday.

“I found out about it last night when the rest of the world found out, my word about it,” Biden said of the raids early Wednesday in which FBI agents seized electronic equipment from the former New York City Mayor and former federal attorney.

“Little did I know this was on the way.”

Biden also underlined that he had not been briefed on the Giuliani probe – which focuses on their business in Ukraine – or any other criminal investigation by the Ministry of Justice. The department is known to be investigating the tax affairs of Biden’s son Hunter.

“I made a promise not to interfere, order, or attempt to stop the Justice Department’s investigation in any way,” Biden said

Former New York City Mayor Rudy Giuliani, US President Donald Trump’s personal attorney, wipes his sweat during a press conference on the results of the 2020 US presidential election on November 19, 2020 at the headquarters of the Republican National Committee in Washington, USA from the face.

Jonathan Ernst | Reuters

“I’m not asking for information. This is the Justice Department’s independent judgment,” said the president.

Biden beat Trump for his efforts to get the Justice Department to investigate certain people and issues, and for his repeated criticism of the Department’s investigation against people connected to Trump, including his former personal attorney, Michael Cohen, his former Campaign chairman Paul Manafort and GOP agent Roger Stein.

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“This last administration politicized the Justice Department so heavily, so many [prosecutors]”So many left because that’s not the role – that’s not the role of a president saying who should be prosecuted, when to prosecute, who should not be prosecuted,” Biden said.

“That is not the role of the president. The Justice Department is the advocate of the people, not the advocate of the president.”

For months after Biden’s loss to Trump in the 2020 election, Giuliani falsely claimed that Biden only won because of widespread electoral fraud. Trump’s own attorney general, William Barr, said there was no evidence of such extensive fraud that resulted in Trump’s loss.

During an interview with Fox Business on Thursday, Trump condemned the raid on Giuliani’s property, calling it “a very, very unfair situation.”

“He just loves this country. And they raid his apartment, it’s so unfair and so double – like a double standard, as if I’ve never seen anyone,” said Trump.

“Rudy is a patriot who loves this country and I don’t know what they’re looking for, what they’re doing.”

Craig Melvin interviews President Joe Biden TODAY.

Source: TODAY

The investigation of Giuliani by the U.S. Attorney’s Office for the Southern District of New York – a law firm he once ran – began when Trump was president and while his hand-picked attorneys general ran the Department of Justice, which oversees U.S. law firms.

Trump himself is facing a serious criminal investigation by the Manhattan prosecutor.

The New York Times reported in December that Giuliani had spoken to then-President Trump about a preventive pardon that would have protected the attorney from federal criminal prosecution. “Not true,” Giuliani told CNBC after the report was released.

Giuliani retweeted a tweet Thursday from John Cardillo, the so-called establishment Republicans who did not publicly defend Giuliani, blew up and called them “feckless cucks”.

On Wednesday, Giuliani’s attorney Robert Costello accused the so-called “Biden Justice Department” of “corrupt double standards” harshly treating its Republican clients while investigating the alleged “blatant crimes of senior Democrats like Biden, Hunter Biden and the former secretary ignored by state Hillary Clinton.

“You didn’t see Hunter Biden’s house being searched by the FBI,” said Costello, a former senior US attorney general at SDNY. Decades ago, Costello had overseen criminal cases there using search warrants and early morning raids by FBI agents.

“This Justice Department behavior, enabled by compliant media and challenging the constitutional rights of everyone involved in or defending former President Donald J. Trump, is becoming the rule rather than the exception.”

In 2019, Giuliani made efforts to gather harmful information about Hunter Biden’s business relationships in Ukraine as part of a strategy to harm Joe Biden’s campaign for the Democratic nomination for president.

Trump was indicted later that year after pressuring the President of Ukraine to announce an investigation into the Bidens. Trump was acquitted by the GOP-controlled Senate.

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Politics

Rudy Giuliani condominium searched by federal investigators in probe of Trump lawyer

Federal investigators carried out search warrants on Wednesday morning in the home and office of Rudy Giuliani in Manhattan, former New York City mayor who was former President Donald Trump’s personal attorney, NBC News reported.

The searches were part of a criminal investigation into Giuliani’s business in Ukraine, the New York Times reported on Wednesday, citing three people with knowledge of the matter.

FBI agents were taken to Giuliani’s apartment by his doorman, a source close to the former mayor told CNBC.

Outside of Rudy Giuliani’s home in New York, April 28, 2021.

And manganese | CNBC

They handed Giuliani an arrest warrant and requested “all electronic devices,” the source said.

Giuliani gave them a cell phone, iPad, and laptop, according to the source. The agents left after about 45 minutes, the source added. The arrest warrant for Giuliani’s office also authorized the seizure of electronic devices.

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A source told NBC that FBI agents had also executed a search warrant in the home of Republican attorney Victoria Toensing near Giuliani, near Washington.

Toensing, who is married to and works with former top Washington, DC prosecutor Joseph diGenova, represented Ukrainian oligarch Dmytro Firtash, who is himself the subject of indictment in the United States.

The source said no other arrest warrants other than those against Toensing and Giuliani were carried out on Wednesday.

The diGenova-Toensing law firm released a statement early Wednesday evening saying it was not a target in the investigation.

“Ms. Toensing is a former federal prosecutor and an official of the Ministry of Justice. She has always behaved and her legal practice according to the highest legal and ethical standards,” the statement said. “She would have liked to hand over all relevant documents. All they had to do was ask. Ms. Toensing was informed that she is NOT a target of the investigation.”

Giuliani is a retired United States attorney for the Southern District of New York, the same bureau that is investigating him.

The New York prosecutor’s office last year obtained approval from top Justice Department officials to request a search warrant for Giuliani’s electronic communications, NBC reported.

A source familiar with the investigation told NBC on Wednesday that prosecutors had sufficient grounds to obtain a search warrant late last year.

But the source said it was “just a matter of timing,” suggesting the Department of Justice – which oversees individual US law firms – may want to wait until the Trump administration ended in January.

A Giuliani attorney, Robert Costello, said authorities arrived at the Upper East Side apartment at 6 a.m. and confiscated electronic devices during the search, the Wall Street Journal reported.

The investigation is investigating possible violations of foreign lobbying rules, and the search warrant looked for communications between Giuliani and others, including conservative columnist John Solomon, Costello told The Journal.

Costello called the search “Legal Thuggery,” according to The Journal.

Former New York City Mayor Rudy Giuliani, U.S. President Donald Trump’s personal attorney, speaks in Philadelphia, Pennsylvania on November 7, 2020.

Eduardo Munoz | Reuters

Giuliani tweeted Wednesday that he would be making a live statement on WABC-AM radio in New York at 3 p.m. ET. But he didn’t appear on that station as planned, and the show, hosted by Dominic Carter at the time, was discussing the Mayor’s race in New York City.

Giuliani also deleted his tweet.

In a detailed statement to NBC late Wednesday, Costello accused the Justice Department of “corrupt double standards” and compared his treatment of Giuliani to “high-ranking Democrats whose blatant crimes are ignored, such as Hilary Clinton, Hunter Biden and Joe Biden.”

Costello’s statement also alleged that the extracted materials were “loaded” with information that is protected under the rights of an attorney or client.

A Trump spokesman did not immediately respond to CNBC’s comments. The Justice Department and a spokesman for the SDNY declined to comment.

Giuliani attempted to gather harmful information about Hunter Biden in connection with the younger Biden’s business relationships in Ukraine in 2019.

Efforts by Giuliani, Trump, and others in his orbit to pressure Ukrainian officials to investigate the Bidens – or at least announce an investigation – prompted House Democrats to indict the former president for the first time. Democrats argued that Trump’s re-election ambitions sparked the dirt-seeking efforts.

The Senate, which was held by Republicans at the time, acquitted Trump.

Prosecutors in Manhattan were known to be reviewing Giuliani’s bank records in connection with an investigation into his activities in Ukraine.

Giuliani responded to the investigation last winter, claiming in an angry tweet that federal investigators were acting as “secret police” to aid Biden.

“You want to confiscate my e-mails. No reason. No wrongdoing. Attorney-client privilege.?” Giuliani tweeted on December 22nd.

The search was the second time SDNY investigators raided the property of someone who was serving as Trump’s attorney.

The first was Michael Cohen, whose office and home were raided three years ago this month.

Cohen, once a Trump loyalist, later turned on his former boss and pleaded guilty to several crimes related to the ex-president and the Trump organization. Trump and Giuliani both annoyed Cohen after his plea in November 2018.

Cohen is currently partnering with an ongoing criminal investigation into Trump and his business conducted by the Manhattan District Attorney’s office, Cyrus Vance Jr. This investigation focuses, among other things, on possible banking and insurance fraud related to Trump Organization real estate assets.

In a tweet on Wednesday, Cohen responded enthusiastically to news of the raid on Giuliani’s property.

“Here we go people !!!” Cohen tweeted.

Andrew Giuliani, the son of the former mayor and former Trump administration official, told CNN last week that he would be traveling to Trump’s Mar-a-Lago resort in Palm Beach, Florida to meet with the ex-president Discuss New York gubernatorial offer.

Andrew Giuliani speaks to the press outside the home of his father Rudy Giuliani, former President Donald Trump’s personal attorney and former Mayor of New York City, after the FBI issued a search warrant in Manhattan, New York City, United States, April 28, 2021 .

Tayfun Coskun | Anadolu Agency | Getty Images

Meanwhile, in Manhattan, journalists and spectators were still gathered in front of Rudy Giuliani’s apartment building early Thursday evening when “It’s the Hard Knock Life” from the musical “Annie” was blown from a nearby car.

A passing man asked who the crowd was waiting for. “Steve Bannon,” one woman replied jokingly, referring to Trump’s former top advisor and campaign manager. Before stepping down, Trump pardoned Bannon, who had been on federal charges.

When he was told that the reporters and photographers were waiting for Giuliani, the man cracked: “Giuliani was attacked today? Over time.”

– CNBC’s Amanda Macias and Shepard Smith contributed to this report.

Categories
Politics

Lawyer linked to deli proprietor concerned in inventory scams

Your deli in your hometown in Paulsboro, NJ

Google Earth

A now-disqualified attorney pleading guilty to federal crimes related to shell company fraud is listed as an attorney in early financial documents for a New Jersey company whose stock valuation rose to $ 100 million or more is, despite only owning a single small delicatessen company.

Former attorney Gregg Jaclin was copied on notices deli owner Hometown International filed with the Securities and Exchange Commission in 2015 and 2016.

This includes the very first document Hometown filed with the SEC that is publicly available.

In June 2020, Jaclin pleaded guilty to conspiracy and obstruction of justice. Separately, in a related case in 2019, the SEC issued a final verdict against him “for operating a fraudulent shell factory system that put bogus companies public and sold for a profit,” a press release said Year.

The companies involved in this behavior – none of which was Hometown International – were founded in Nevada with the support of Jaclin, who was disfellowshipped in New Jersey for his actions last October.

Records show that Hometown International, while having its only business in southern New Jersey, was itself incorporated in Nevada.

In a 2015 letter to Hometown International, SEC officials wrote, “We believe you are a Shell company.”

Hometown International and its executives have not been accused of wrongdoing by the SEC or any other government agency.

“The pastrami must be incredible”

Hometown International’s stock, traded on the over-the-counter market, fell roughly 33% in the hours after it started trading on Friday morning. The day before, CNBC had published articles about the company’s unusually high market capitalization, which were first mentioned in a letter to clients addressed to hedge fund manager David Einhorn.

“The pastrami must be amazing,” quipped Einhorn in his letter.

Share prices recovered significantly during the day. Hometown’s stock closed at $ 12.99 per share on Friday, down 3.78% from the previous day.

Jaclin, who is still serving his three-year prison sentence for his criminal case, did not immediately respond to a request for comment.

There were also no other people associated with Hometown International, including top executives and the current attorney, and whoever is monitoring the company’s voicemail when CNBC reached out to them.

Paul Morina is the President and CEO of Hometown International, which owns Your Hometown Deli in Paulsboro, New Jersey.

Morina is also the director and head coach of the renowned wrestling team at Paulsboro High School. SEC documents show he holds 1.5 million shares of Hometown, with warrants for 30 million more shares.

The hometown vice president and secretary is Christine Lindenmuth, a math teacher and administrator at the same high school.

Lindenmuth’s home address is listed as the mailing address of Hometown International.

Morina and Lindenmuth’s biographies in the SEC filings do not mention any previous experience of either in the food service industry, a publicly traded company, or the financial industry.

The Hometown deli had sales of only about $ 35,000 for the past two fiscal years. The delicatessen store was closed from mid-March to early September last year due to the Covid-19 pandemic.

Even so, the nearly 8 million common shares recently traded at nearly $ 14 per share, for a market capitalization of over $ 100 million.

A woman who answered the phone at the deli on Friday asked, “Would you like to place an order?”

She then hung up after the caller identified himself as a reporter and said he wanted to speak to someone about Hometown International.

In the SEC filings, Homeland is open about its business prospects.

“Our financial situation raises doubts as to whether we will continue as a company.” the company says in one filing.

The company suggests finding an acquisition target or additional funding to keep operations going.

“Future success depends to a large extent on management’s ability to find and attract a suitable acquisition,” Hometown said in a release last year.

Shareholder Controversy

Hometown International’s major shareholders also include companies in Hong Kong and Macau, China, a mecca for wealthy gamblers.

Hometown chairman Peter Coker Jr. is listed as chairman of a Hometown investor who also operated a luxury hotel in Macau known as The 13.

The hotel has a fleet of Rolls-Royce Phantoms that are available as limousines for hotel guests. Online booking sites indicate that the 13 hotel is not currently accepting reservations.

Coker’s father, Peter Coker Sr., is listed on the financial records as another major shareholder in Hometown.

The elder Coker, who lives in North Carolina, is listed on the SEC with 63,334 common shares of Hometown International and has warrants for an additional 1.26 million shares.

The elder Coker was identified in other SEC filings as the founder and director of Tryon Capital Ventures, a North Carolina company. The hometown pays Tryon $ 15,000 a month under a consulting agreement.

“We are assuming that the term of the consulting contract with Tryon will be extended by another year,” says the Hometown annual report.

In 2019, an investor named W. Robert Bizzell sued Peter Coker Sr. and other managing partners of a company called Tryon Capital LLC in the North Carolina Business Court.

The lawsuit related, among other things, to solicitation fraud and constructive fraud related to inducing Bizzell to invest in another Coker Sr. affiliate, SSAC Capital. It also said the Bizzell money would help grow a specialty retail operation during the Chapel Hill-based Southern Season.

Bizzell’s lawsuit stated that the defendants had “deviated” from their stated use of his money, which amounted to hundreds and thousands of dollars, and converted his interest into equity as a debtor.

Coker Sr. and the other defendants denied Bizzell’s allegations.

A filing in August 2020 revealed that Bizzell’s lawsuit was voluntarily dismissed with prejudice, which is normal when civil claims are settled out of court by the parties.

John Marshall, a Bizzell attorney, declined to comment when contacted by CNBC. He said he was bound by a confidentiality clause in the settlement agreement.

Coker Sr. has not returned any requests for comments. An attorney for him did not immediately respond to a request for comment.

Public records show that Coker Sr. lived in Macungie, Pennsylvania.

In 1992, The Morning Call newspaper published an article in nearby Allentown in which American Express Bank alleged in bankruptcy proceedings filed by Peter Coker that he had “fraudulently transferred hundreds of thousands of dollars of his property to thwart their collection efforts to nearly $ 900,000.” . “

In court files, the newspaper said, American Express said Coker was “a solvent debtor who wants to appear insolvent”.