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A closer look at the Millennium Bank Ponzi Scheme: Boston trial lawyer, the attorney, takes a look at the facts involving Caribbean based Millenium Bank, which operated out of offices in Napa, California until closed by the SEC in March, 2009.

It appears the FBI has been given the green light to actively investigate the possibility of criminal charges stemming from the Millennium Bank ponzi scheme, engineered by Canadian, William J. Wise. This past week numerous investors were contacted and interviewed by FBI agents. Many such investors appear to have lost their life savings, following an announcement by the SEC and the filing of a federal court action in Texas, suggesting that Millennium was not a legitimate bank, but a multi-million dollar ponzi scheme.

tv photo.jpgThe investigation involves Millennium Bank, which was a St. Vincent & Grenadines registered bank that actively promoted its high interest CDs on the internet and elsewhere. The ads and the rates tempted hundreds of investors to place their savings in what they believed to be safe, but offshore money instruments, which were not insured by the FDIC.  While reports differ as to the magnitude of the fraud, it appears that at least $100 million had been invested.

There appears to be no specific pattern or methodology employed by the agents in pursuing information. In one instance, agents appeared in the early morning at the residence of a married couple who had invested savings with Millennium, placed the husband and wife in separate rooms and proceeded to pose questions with tape recorders rolling; not your typical victim/witness interview.




Thumbnail image for Thumbnail image for millennium-bank_1.jpgIn another case, an FBI agent appeared at a residence without warning and accompanied by a town police officer in his squad car. Another investor was interviewed by an FBI agent who claimed to be investigating on behalf of both the SEC and the Internal Revenue Service. Many investors are left wondering whether it is the perpetrators of the bank fraud or themselves that are the subject of the investigation.

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June 21, 2009 – Matthew Kercado, of Taunton, Massachusetts, and his 3 year old child, have died as the result personal injuries suffered in a two car accident on I-95 north in Attleboro, Massachusetts. According to Massachusetts State Police, a preliminary investigation suggests that a 1997 Ford Explorer, which was being operated by a Jessica Ebert, 23, of Attleboro, struck a 1996 Chevrolet operated by Jennifer Poissant, 19, of Pawtucket, RI around 5:30 p.m.

The Ford Explorer appears to have rolled over following the collision, ejecting several occupants and causing fatal injuries to Kercado and his child. Also in the car were Heather Kercado, 42, of Taunton, Christopher and Jessica Ebert, both of Boston and a 14 month child, all of whom were trasported to local hopsitals for treatment. Poissant, the operator of the 1996 Chevrolet, apparently was not injured in the crash, which remains under investigtion by the State Police.

While the cause of the crash is undetermined at this time, there will undoubtedly be civil claims arising out of the accident. Passengers in vehicles have a right to bring claims against the operator of a motor vehicle, even if they are related to that person. Under normal circumstances, it is the insurer of the vehicle who is reponsible to pay for any damages for the injuries suffered in such an accident.

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June 20, 2009 – Francis X. McGrath of Medway, Massachusetts has died as the result of personal injuries suffered in a single car accident in Randolph, Massachusetts. The 68 year old McGrath was driving a 2007 Toyota Yaris in the passing lane when he allegedly struck an arrow board trailer attached to an Isuzu pickup truck, according to the Massachusetts State Police.

The accident occurred on Route 24 North around 8:30 p.m. Thursday, June 18, 2009 near Route 139 (exit 20) in Randolph. McGrath was taken to Boston Medical Center for treatment and was later pronounced dead. “The crash is still under investigation, which includes examining the autopsy report and accident reconstruction,” said state police Sgt. David Mahan. There have been no statements disclosing whether the arrow sign was operational at the time of the accident or what other circumstances may have led McGrath to strike the trailer.

Source: Milford Daily News

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Thumbnail image for Thumbnail image for vineyard.jpgJune 19, 2009: Jena Pothier, an 18 year old Oak Bluffs, Massachusetts resident, has died as the result of personal injuries sustained in a car accident. Jena Pothier was a passenger in a motor vehicle driven by 17 year old, Kelly McCarron, also of Oak Bluffs. McCarron lost control of her Toyota Camry and collided with a tree on Edgartown-West Tisbury Road on Martha’s Vineyard. Kelly McCarron was thrown from the vehicle and was seriously injured.

Pothier was transported to Martha’s Vineyard Hospital and pronounced dead late Thursday night. McCarron was taken off the island by boat and driven to a Boston, Massachusetts hospital because a Med Flight was impossible due to heavy fog in the area. McCarron remains in stable condition at Massachusetts General Hospital. Pothier was a 2008 graduate of Martha’s Vineyard High School. McCarron was due to graduate this past weekend.

McCarron faces criminal charges for violations including vehicular homicide and operating a motor vehicle under the influence of alcohol as well as civil charges for passing in a no passing zone and driving with excessive speed. The arraignment has not yet been scheduled.

West Tisbury police, with the help of eyewitnesses, have confirmed that McCarron passed a vehicle in a no passing zone while another car was oncoming. Speed and alcohol were both official factors in the crash.

Police are still investigating the circumstances surrounding the girls’ night prior to the accident. When the details become clearer about where the girls had been drinking, there will be questions about who is ultimately responsible for this tragic accident.

Under Massachusetts law, when someone is killed in a drunk driving accident liability may attach against responsible parties other than just the driver. In cases where the driver had been drinking in a bar or restaurant, the law has held the establishment responsible under “dram shop liability.” When the driver had been drinking at a private individual’s house, the owner could be found liable under “social host” liability theories.

Both types of claims require proof that the bar or social host knew or should have known that the driver was intoxicated, yet continued to serve him or her. There are other factors, which would complicate the question of liability, including the possibility that Pothier was also drinking and knowingly entered the car with knowledge that McCarron was intoxicated.

Source: Martha’s Vineyard Gazette


 

 

 

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June 18, 2009: Brandy Rix, a 5 year old girl from Abington, Massachusetts, was hit by a medical transport van as she was crossing North Avenue in Abington. The van was driven by an unidentified woman in her twenties. Brandy Rix was crossing the street with her mother and three other siblings, none of whom are injured.

Brandy Rix was Med Flighted to Boston Medical Center where she underwent surgery for serious personal injuries but remains in stable condition. It is unclear at this time if charges will be filed against the driver.

The operator of the medical transport van was Nicole Barros, 28, of Abington. At the request of the Abington Police Department, the Massachusetts Registry of Motor Vehicles has revoked her license on the basis that she is an “immediate threat” on the road. Barros has at least 3 prior citations on record for surchargeable driving offenses.

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Boston Massachusetts Personal Injury Attorney, the attorney , reviews a recent Supreme Judicial Court case involving an injured police officer:

A Massachusetts police officer who suffered serious personal injuries, while responding to a motor vehicle/pedestrian accident, cannot recover from the hospital, which treated and released the pedestrian just prior to the accident, says the Massachusetts Supreme Judicial Court.

Thumbnail image for eps_mg-182.jpgIn November, 2004, the Brockton, Massachusetts police officer, was responding to a car accident involving a pedestrian, While driving to the accident scene, the officer’s police cruiser was struck by another vehicle resulting in serious and permanent injuries to the officer. He was responding to an accident in which an individual just released from Brockton Hospital had been struck and killed by a motor vehicle.

The patient had undergone a colonoscopy at the hospital earlier in the day and had been given Demerol and Versed, both narcotic sedatives. The hospital had a written policy, which prevented patients who had been given narcotics from being discharged without an escort. This patient left the hospital with no escort.

The Plaintiff police officer had alleged that the hospital was negligent and had a duty of care to protect third parties from harm caused by its “impaired” patients. The officer claimed that the hospital had a special medical relationship with its patient prior to him leaving the premises, which created a duty to control the patient’s conduct in order to protect against harm the patient might cause to others, even after the patient had been discharged.

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June 16, 2009: Diya Patel, a 4-year-old Stoughton, Massachusetts girl, died early Sunday morning as the result of serious personal injuries after being struck by a car on Wahington Street in Stoughton, Massachusetts on Saturday. The girl was hit on Route 138 while she crossing the street on her scooter. She was in a crosswalk and accompanied by her grandfather and siblings. She was transported to Tufts medical center after a nurse and off duty firefighter at the scene had attempted to revive her by performing CPR on the child.

The driver has been identified as Ilse R. Horn who resides in senior community housing in Canton. The Stoughton police announced today that it would be summoning her to Stoughton District Court on charges of vehicular homicide, negligent operation of a motor vehicle, driving to endanger and failure to stop for a pedestrian in a crosswalk. The RMV revoked her operator’s license today, saying she was a safety threat.

Stoughton Police investigated and were reconstructing the accident. There were no skidmarks and it appears that  the 88-year-old driver never saw the girl. The speed limit along that section of Washington Street is 35 mph. Investigators allege that Horn was driving a Toyaota Camry and was not speeding when the child was hit.

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Marcello Ventrella, and Aram J. Pothier, respectively of Bellingham and Blackstone, Massachusetts, have died as the result of personal injuries suffered after a night of teenage drinking. They were passengers in a motor vehicle driven by Robert Baez, who was seriously injured, but survived the accident. The accident took place on I-295 in Smithfield, Rhode Island. Both of the deceased were riding in the backseat, were not wearing seatbelts and were pronounced dead at the scene.  The fourth passenger, Christopher J. Cuomo, escaped without serious injuries.

The young men began their night in Massachusetts, but allegedly ventured to a Providence, Rhode Island bar, where it appears they were served alcohol.  Rhode Island State Police are still investigating the details of the accident and the events preceding the accident. However, it appears that all four of the young men had been drinking and were served in the bar, as yet unidentified.

The obvious question arises as to who is ultimately responsible for this tragic accident. Baez, the young driver, of course is the primary responsible party. However, the tougher question is whether others can and should be held responsible for the condition he was in at the time of the accident. Given that all four were underage, including Baez, if it is true that he was served at a public drinking establishment, the owners of that bar may bear some responsibility for the accident.

The law with respect to the responsibility and liability of public establishments, which are licensed to serve alcohol is well established in Massachusetts and Rhode Island,  “Dram shop liability” arises when bars and liquor stores negligently serve alcohol to underage or noticeably intoxicated individuals.  This requires proof that the bar knew or should have known that the customer who drove a vehicle was intoxicated.

A traditional dram shop case involves an innocent injured third party such as the driver of another vehicle or somewhat walking down the street.  The fact that the claimant in this instance  were passengers in the vehicle, may have also been drinking themselves, and likely knew that Baez also had been drinking. Such facts may raise issues of comparative negligence, but does not bar recovery for the families of the deceased young men who died in this accident.

Source: Bostonchannel.com


 

 

 

 

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Daniel Tourville, a 24-year-old Ware man was in serious condition early Monday afternoon at the University of Massachusetts Medical Center in Worcester after losing control of his motorcycle. Incredibly, Tourville was not wearing a helmet at the time of the accident. Apparently, Tourville drove off the road, hitting a tree stump and utility pole. He was initially taken to Baystate Mary Lane Hospital, and then airlifted to the U. Mass. Medical Center in Worcester. Police are investigating the accident.


motorcycle helmet.jpgStatistics indicate that the use of helmets saves lives and prevents brain injuries. According to the NHTSA, in 2007 motorcycle helmets saved 1,784 lives. NHTSA says that if all motorcyclists had worn helmets, 800 more lives would have been saved. Helmets are estimated to be 37 percent effective in preventing fatal injuries and 67 percent effective in preventing brain injuries.nd prevents brain injury.

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Massachusetts Investment Fraud Lawyer, the attorney, reviews the latest court filings by the Receiver in the 
SEC vs. Millennium Bank action now pending in the U.S. District Court for the Northern District of Texas:

It appears that the Millennium Bank Receiver has begun the process of liquidating assets seized as a part of the SEC action against Millennium Bank, its affiliates, and the individuals who helped perpetrate this multi-million dollar ponzi scheme. On May 22, 2009, a set of motions were filed in the Northern Texas U.S. District Court seeking specific authority to sell off a range of personal property items. The Court has yet to rule on the motions

flying jet.jpgFor example, one
motion has been filed, seeking court authority to sell off the infamous
 Millennium jet airplane, which was seen and photographed in 2008 and 2009 in places as far and wide ranging as Caracas, Venezuela, Geneva, Switzerland, and Lyon, France. The plane flies no more and is presently stored and maintained in a hangar in Atlanta, Georgia.

The aircraft apparently has an appraisal of $5.6 million, but the Sovereign Bank has a secured lien of $4.3 million and the Receiver seeks the Court’s authority to sell it for a price not less than $3.7 million, which would still leave a debt owed to the bank. Thus, the sale of this valuable asset will bring no money to the Receiver’s estate, or end up reimbursing any monies to swindled investors.

Jewelry, cars and wine collections and a home owned by Jackie Hoegel are in the list of items, which the Receiver seeks to liquidate, some requested to be sold on Ebay. However, it seems unlikely that this collection of assets, and the hundreds of thousands, which might come in, will even put a small dent on the hundreds of millions taken as the result of this fraud.

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