PFT: Jenkins reports to Cowboys' camp

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From all indications, rookie Brandon Weeden will be the Browns? starting quarterback this season. So what does that mean for the two quarterbacks who started in Cleveland last year and remain on the roster this year, Seneca Wallace and Colt McCoy?

According to Wallace, it means one of them will be out of a job.

?Can any of you guys see all three of us being here?? Wallace asked reporters today, according to the Cleveland Plain Dealer. ?You?ve written about it, so that answers your question. . . . Probably not.?

So which one of them is going to immediately follow Weeden on the depth chart? That?s up in the air, but Wallace says that if it?s not him, he?d rather be gone than be No. 3. Asked if he wants to be in Cleveland as the third-stringer, Wallace answered, ?No, not really.?

?We all know the third guy doesn?t dress on Sundays and if that comes down to that decision, obviously neither one of us [Wallace or McCoy] wants to be that third guy,? Wallace said.

For his part, McCoy isn?t ready to concede that Weeden is going to start.

?When I come out to practice, in my mind, I?m the starter,? McCoy said.

That might be the case in McCoy?s mind, but in the mind of Browns coach Pat Shurmur, Weeden appears to be the favorite to start. And that means McCoy?s training camp competition may be with Wallace, to see which one of them deserves a spot on the roster at all.

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SPIN METER: Romney championed green energy fund

BOSTON (AP) ? Mitt Romney slams President Barack Obama for using taxpayer dollars to pick "winners and losers" among green energy firms rather than allowing them to rise or fall in the free market. Yet as governor of Massachusetts, Romney backed a state program that targeted investments to individual green startup companies in hopes of boosting jobs and the state's revenues.

"There is nothing fair about a government that favors political connections over honest competition and takes away your right to earn your own success," Romney said in a campaign speech last week in St. Louis.

It's an attack line the Republican presidential challenger fires at Obama over Solyndra, a solar firm that got a half-billion-dollar federal loan and was touted by the Obama administration before the company declared bankruptcy last year. Romney mocks Solyndra as a symbol of Obama's failed economic policies.

"When government rather than the market routinely selects the winners and losers, enterprises cannot predict their prospects and free enterprise is replaced with crony capitalism," Romney said in March during a speech at the University of Chicago.

As governor, however, Romney did much the same thing. He championed a $24 million green energy fund that used public money for equity capital and loans to renewable energy firms in the state. He said he hoped it would be a "major economic springboard" for the state.

Not every bet paid off. Some of the companies that received public backing under Romney, who amassed a fortune as a venture capitalist before entering politics, have since folded or have been sold at a loss.

The most recent was Konarka Technologies Inc., a Lowell, Mass.-based company that makes thin, flexible solar panels. The company, which received a $1.5 million public investment during Romney's first year as governor, in 2003, announced June 1 that it filed for bankruptcy protection, as it laid off about 80 workers.

The Konarka announcement came a day after a Romney campaign appearance at the former headquarters of Solyndra in Fremont, Calif., to portray it as a prime example of government waste and favoritism.

Ryan Williams, a Romney spokesman, said the decision to assist Konarka was made by an independent board about a month before Romney became governor.

"Gov. Romney has never believed that the government should play venture capitalist," Williams said. "President Obama has a lot of questions to answer about why he used taxpayer dollars to reward wealthy campaign donors for bad ideas like Solyndra."

Williams said since the green fund was established before he became governor, Romney's hands were largely tied.

Romney later vetoed $12.5 million from an emerging technology fund, designed to boost manufacturing in Massachusetts, because it would have let public officials pick and choose which firms to aid, Williams said. His veto was overturned by the Democratic-run Legislature.

Some of the green fund investments Romney touted as governor were made through complex financial arrangements to funnel money collected from a surcharge on electricity bills paid by utility consumers into a private venture capital fund to support local green energy companies.

The surcharges, which predated Romney's governorship, were first imposed in 1998, with the money going toward the state's Renewable Energy Trust Fund.

In January 2003, Romney announced a plan to use $15 million from the fund ? by then it had collected about $160 million ? to provide equity capital and loans to Massachusetts-based renewable energy businesses. He pushed to make sure that financial professionals rather than bureaucrats were given the power to decide which firms would get assistance, Williams said.

"The trust fund has been growing for years, and I believe now is the time to refocus its assets in such a manner that it can become a major economic springboard for the commonwealth by focusing on job creation in the renewable energy sector," Romney said during an event outside the Konarka plant during his first weeks in office.

The state invested the $15 million into the Massachusetts Green Energy Fund LP, a private venture capital fund. Other backers invested an additional $2 million, meaning the state retained a majority stake in the fund.

While the managers of the fund were free to pick which companies to invest in, the state placed two restrictions on their choices: The companies had to be based in Massachusetts and have a renewable energy focus.

William Osborn, a general partner at the Green Energy Fund, said the fund ended up investing in about a dozen companies. While most continue to thrive, Konarka and two others have either gone under or been sold at a loss.

"The idea was a private venture capital fund was best but the state wanted some control on where to direct investment," Osborn said. "That was the big idea of the fund."

Osborn said the loss of three companies out of a dozen isn't unusual in the venture capital world, which inherently involves some risk. He defended the decision to invest in Konarka, saying that in 2003 it was impossible to foresee the scale of investment that China would place on solar manufacturing ? the same pressure that officials at Solyndra cited as a key reason for its failure.

Osborn said it's disingenuous for Romney to say he opposes government investment in targeted companies since Massachusetts engaged in a similar practice when he was governor.

During Romney's tenure, Massachusetts also doled out more than $31 million in loans to dozens of companies from two funds created before he took office ? the Emerging Technology Fund and the Brownfields Redevelopment Fund, designed to help rehab abandoned urban areas.

Romney in 2004 vetoed $12.5 million for the emerging technology fund, but the Legislature overrode the veto. The brownfields fund is managed by the state's quasi-public economic development agency, MassDevelopment.

"What bothers me about Romney on this issue is that he is pretending he has always had this position when it is not the case," said Osborn, who voted for Obama in 2008 and says he'll probably support him again.

"He supported this kind of thing, he put it in place and suddenly he's trying to walk away from it and saying government should not investing in technology companies," Osborn added. "It's like we've stepped through the mirror."

___

Miga reported from Washington.

EDITOR'S NOTE _ An occasional look behind the rhetoric of political candidates.

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TomTom shares surge on Apple deal

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Sudan asks AU to move summit over Bashir snub

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Facebook Launches App Center, an App Store for the Web and Mobile

Facebook's App Center is here. The feature should make it easier for users to discover new apps and for developers to expand their audience. The App Center works on all devices and is the most interesting on the mobile platforms since it goes head to head, to a degree, with the native app marketplaces.

Facebook's App Center is somewhat of a Trojan horse though. It does send users to the App Store and the Google Play Store, but any app that wants to be featured in the App Center, including mobile apps, have to be integrated into the Facebook platform, i.e. at least have a Facebook login."Today we're launching the App Center to make it easier to find apps you can enjoy with friends," Facebook wrote.

"The App Center features mobile and web apps, such as Draw Something, Pinterest, and Nike+ GPS, and new apps including Jetpack Joyride, Ghosts of Mistwood, and Ghost Recon Commander," it added.

What is different about the App Center is the customization. Since Facebook knows so much about you and your friends, and you are telling it more all the time, it can come up with personal recommendations and suggestions. The App Center's homepage is different for all users.

Of course, all apps benefit from Facebook's viral avenues, like friend recommendations, notifications and so on. This should make it easier for apps to gain visibility so there is a big incentive, even for mobile apps, to get into the App Center. Facebook's 900 million users are a big draw as well.

"To make it easier to find social apps for mobile, the App Center is available in the Facebook iOS and Android apps, as well as Facebook.com," Facebook explained.

"You can send apps you find on your computer to your mobile device using the new 'Send to Mobile' feature. If a mobile app requires a download, you?ll be sent to install it from the Apple App Store or Google Play," it said.

There are two types of mobile apps that Facebook supports, web apps and native ones. Web apps are the most interesting for Facebook, since they don't depend on any mobile platform and Facebook can take a cut from paid apps, something it can't do with native ones.

The App Center launches in the US, though it works everywhere, with 600 apps. It's not a huge number, it's a very small one in fact, but it's enough to get things going and there will be a lot more apps coming soon.

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Surprise! Stocks post best day of the year

Brendan Mcdermid / REUTERS

Traders on the floor of the New York Stock Exchange Wednesday.

By msnbc.com news services

Stocks jumped Wednesday, chalking up their strongest day of 2012, as signs of moves in Europe to rescue Spain's troubled banks sparked a rebound from recent selling.

The Dow Jones industrial average closed with a gain of 287 points. The broader S&P 500 and the technology-focused Nasdaq composite index also rallied strongly.

The market was ripe for a rebound after the broader market dropped more than 6 percent in May, analysts said.

A gloomy jobs report and signs of a global economic slowdown hammered Wall Street Friday, wiping out the stock market?s gains for 2012. However, Wednesday?s advance lifted stocks back into positive territory for 2012.

"The evidence was there that the market was at least getting close to the point of seller exhaustion. Once that happens, the pressure to cover short positions increases," said Chris Burba, a short-term market technician at Standard & Poor's in New York, who noted that volume levels also increased on Friday.

Increasing optimism that central bankers will move to boost the economy and signs of urgent moves in Europe also lifted stocks.

European sources said German and European Union officials sought solutions for Spain's weakened banks, the latest worry in the fiscally troubled euro zone, although Madrid has not yet requested assistance and is resisting political conditions.

Adding to the slightly more upbeat news on the economy, the Federal Reserve said in its Beige Book summary that U.S. economic growth picked up over the two prior months and hiring showed signs of a modest increase.

Underscoring the difficulty in tackling the euro zone crisis, European Central Bank President Mario Draghi suggested further stimulus to tackle the euro zone's debt crisis would not necessarily be forthcoming. The ECB left interest rates unchanged following its meeting Wednesday.

The S&P 500 remains up 4 percent for the year so far, but is well off its highs of 2012.

U.S. non-farm productivity fell more than expected in the first quarter as companies gave more hours to employees but only modestly expanded output.

Facebook Inc is making it easier for advertisers to reach the growing ranks of users on smartphones and mobile devices, taking a significant step toward addressing one of investors' most pressing concerns and broadening its appeal to marketers. The stock rose on the news.

On the down side, shares of Tempur-Pedic International sank after revising its full year forecast.

Reuters contributed to this report.

Analysts examine the day's strong move for stocks.

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What $40,000 gets you in presidential fundraising

SAN FRANCISCO (AP) ? If you have $40,000 to spend, President Barack Obama's campaign has a deal for you.

Write a big check, and you'll get you a picture with the president and a chance to swap political strategy with him ? all while enjoying a gourmet meal at the lavish home of a Hollywood celebrity or Wall Street tycoon. And if you get the campaign even more money, you might just end up with a plum post as a U.S. ambassador or an invitation to an exclusive White House state dinner.

Obama not your preference? No problem. Mitt Romney is offering donors perks that include everything from a private dinner with him to seats at the fall debates.

Welcome to the world of high-dollar presidential campaign fundraising.

Five months before the November election, both candidates are stacking their schedules with big-money fundraising events from coast to coast as they look to stockpile cash for the height of the campaign. On Wednesday, Romney was courting donors in Texas while Obama was holding four fundraisers in California that were expected to yield at least $4.6 million.

Access to the most exclusive Obama events usually sets donors back a cool $40,000. That means the upper limits of campaign fundraising are reserved for a privileged few, given that the median household income in the U.S. was $49,445 in 2010, according to the Census Bureau.

Some donors who paid the pricey tab for access to Obama fundraisers this year have been seated at exclusive dinners at the Los Angeles home of actor George Clooney or the New York townhouse of billionaire hedge-fund owner Marc Lasry. Next week, actress Sarah Jessica Parker will host a fundraiser with the president and Michelle Obama at her Manhattan home.

The president typically kicks off the high-dollar events with a version of his standard campaign speech. But the big perk for donors is the private question-and-answer session that follows. Sometimes the president grabs a microphone and fields questions from the center of the room; other times, he hops from table to table to hold small group discussions with his top fundraisers.

And of course, there's a chance to take a picture with the president.

While the press corps traveling with Obama usually is present for his opening remarks, the campaign kicks reporters out of the room before he starts taking questions.

Republicans have hammered him for attending glitzy, celebrity-filled fundraisers while the economy is still struggling to fully rebound from recession. But the White House says wealthy donors are not the core of Obama's support.

"President Obama has vast numbers of small donors who support his campaign," spokesman Jay Carney said Wednesday. "The fact that the president enjoys that kind of support speaks to what his policies are. He's out there fighting for the middle class."

The Obama campaign has held dozens of fundraising events where tickets run less than $40,000. But smaller donations come with fewer perks and far less direct engagement with the president.

In San Francisco on Wednesday, a $5,000 contribution bought an opportunity to hear Obama speak at a 250-person luncheon. But a $35,800 ticket gave 25 donors the chance to talk politics with the president at a private round-table event.

Tickets to hear Obama speak at a 600-person gala in Los Angeles later Wednesday started at $1,250. A $2,500 ticket to the same event, also featuring comedian Ellen DeGeneres, guaranteed better seats. And a $10,000 ticket came with the chance to shake the president's hand and pose with him for a photo.

Obama was to wrap up Wednesday's fundraising blitz with a private dinner for 70 people at the Beverly Hills home of "Glee" creator Ryan Murphy. Ticket price? $25,000.

On the Republican side, donors can expect to spend a minimum of $2,500 per person to hear Romney speak at a reception. And those who make a $10,000 personal donation or commit to raise $25,000 gain access to a smaller reception and a picture with the likely GOP nominee.

Fork over up to $50,000 and a Romney supporter may get a private dinner with him.

Romney's bundlers, who give the campaign all the money they collect from multiple donors, also are handsomely rewarded. Among the perks afforded to those who bundle at least $250,000 is access to the Republican convention, an election night event and a weekly briefing from the campaign. Bundlers who raise up to $500,000 also get access to the presidential debates in October.

Among the most exclusive opportunities offered to Romney bundlers: a summer retreat in Park City, Utah, later this month.

Presidential candidates can raise up to $50,800 from an individual donor as long as the money goes into a special fund that divvies up the proceeds among the candidate's campaign, his national party, state or local party committees and any other political committee.

For some wealthy supporters, as well as bundlers, a seat at a fundraiser is just the start of what they're after. Big campaign contributions can often be seen as a down payment for future access to the White House or a role in the administration.

Several top Obama donors from the 2008 campaign received ambassadorships, including posts in France, Spain and Switzerland. Other prominent supporters have been awarded positions on presidential advisory boards.

Tens of thousands of dollars can also buy top donors invitations to swanky White House events. More than 30 bundlers made the guest list for Obama's recent state dinner for British Prime Minister David Cameron.

Obama is hardly the first president to grant special status to big money donors. Former Presidents George W. Bush and Bill Clinton both reserved seats at exclusive state dinners for supporters who made substantial financial contributions to their re-election campaigns. And if Romney is elected, he'll likely do the same, as well.

Clinton said during his presidency that high-dollar donations bought supporters a "respectful hearing if they have some concern about the issues." But he said: "Nobody buys a guaranteed result."

___

Associated Press writers Jim Kuhnhenn, Steve Peoples and Kasie Hunt in Washington contributed to this report.

___

Follow Julie Pace on Twitter: http://twitter.com/jpaceDC

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Bio-Reference edges past estimates for 2Q earnings

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Pets & Animals : FISH LIVER OIL BETTER THAN COD LIVER OIL ...

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Astro Gaming's A50 wireless headset: the A40 and Mixamp 5.8 become one for $300

Turtle Beach may have acquired the MLG-endorsement crown that Astro Gaming used to solely hold for its headsets, but it's no matter as the Astro has something else up its sleeve: the A50 wireless headset. Announced here at e3, the A50 is essentially the result of embedding the Mixamp 5.8's wireless chops into its flagship A40, finally sparing users of any pesky wiring and external beltpacks. Naturally, the headset is compatible with the Xbox 360, PS3 and PCs and it features Dolby virtual 7.1 surround -- not to mention Astro's signature game and voice chat mixing control (built into the earcup) so you can dial your game audio in the way you want. The A50 sports an internal battery that recharges over USB and comes with a stand that also houses the unit's Mixamp 5.8 TX-esque wireless transmitter. That transmitter can also send sound to multiple A50's, although there is no word on exactly how many. Notably, the headset uses Kleer Net high-fidelity wireless audio technology and you'll also have a choice between three EQ presets for the overall voicing of the sound -- both firsts for Astro. The A50 is slated to hit shelves this June for $300 and we'll be sure to bring you our impressions as soon as we check it out here on the show floor.

Astro Gaming's A50 wireless headset: the A40 and Mixamp 5.8 become one for $300 originally appeared on Engadget on Tue, 05 Jun 2012 03:00:00 EDT. Please see our terms for use of feeds.

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Bill Clinton: Romney Presidency Would Be 'Calamitous'

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Current Modifications At The Internal Revenue Service Isn't Just ...

While doing some research for a different blog topic, I found a couple of fascinating changes going on at the Internal Revenue Service and thought I would share many of them with you. This info can be discovered on the IRS website if you dig a little and you can call the IRS as I did to find even more data. The IRS phone number is 1-800-829-1040.(1)

1) Six Sigma

The IRS new direction to adopt the Lean Six Sigma methodology is designed to increase effectiveness and keep down expenses. Lean is a time and valued-based process improvement strategy engineered to ensure continuing flow and eliminate waste and non-value-added activities. Six Sigma is a business process improvement method that uses info and facts to supply quantifiable results thru a reduction in process variation. The IRS created the Lean Six Sigma organization to effectively manage the Lean Six Sigma program and projects being initiated at the agency.

2) National Research Program

The IRS did change the Taxpayer Compliance Measurement Program that analyzes many aspects of an IRS tax filing. It had been dormant for over 10 years due to fears that the program was too intrusive. The Taxpayer Compliance Measurement Program has been replaced by the National Research Program. National Research Program information are used to develop processes to better identify tax returns for audit and at last audit. By picking returns with a higher possibility of change, the IRS can use resources more successfully and not burden compliant taxpayers that file federal taxes. This should supply the most significant cost benefits for the IRS since the initiation of tax efiling.

3) Discriminant Index Function

These functions/formulas figure out what IRS tax filing will be verified. Updated Discriminant Index Function formulas were introduced in 2009. The combined revenue agent and tax compliance officer results show Discriminant Index Function-initiated examinations are generating higher counseled taxes, both on an hourly and per return basis, and are generating more extensive examination agreement rates. Stats also show the share of no-change audits (IRS audits resulting in no change in the amount of taxes due to the IRS) has been reduced since the updated Discriminant Index Function formulas were introduced.

4) The Tax Gap

The tax gap is the variation between taxes that are actually due and taxes that are paid on time ?one class of people targeted are non-filers.

Individual repeat non-filers remain as a real challenge. During Tax Years 1996 through 2005, 47% of the 38.9 million tax payers identified by the IRS that didn?t file federal taxes failed to file timely for a few years. The High Income Repeat Non-Filer (defined as individuals with 3rd party documents reporting revenue of $100,000 or higher) category is very discouraging. Between Tax Years 2002 and 2005, these taxpayers accounted for only between 4% and 6% of known non-filers. Yet, this group of taxpayers accounted for between 59% and 66% of the calculated balance owed from the ones that did not file federal taxes.

And lastly?

5) IRS Software Development ? CMM (tax programs et al)

The Capability Maturity Model for Software (CMM) is a framework that describes the major elements of a good software work flow. The CMM delineate an evolutionary improvement trail from an ad-hoc, immature process to a fully developed, disciplined system.

The CMM covers practices for organization, engineering, and dealing with software engineering and upkeep. When exicuted, these important practices improve the capability of associations to reach targets for cost, schedule, functionality, and product quality.

The CMM establishes a yardstick against which it?s possible to judge, in a repeatable way, the maturity of an organization?s software process and compare it to the state of the practice of the industry [Kitson92]. The CMM may also be used by an establishment to plan enhancements to its software process.

In October, 2011 Douglas H. Shulman Commissioner of Internal Revenue said ?in. September 2010, an independent third party revealed that the IRS lately reached Capability Maturity Model Level 2 ? a key measure of the maturity of our internal programme development organizations?.

He went on to point out, ?Achieving this level allows standardised project management practices across projects. This can improve our agility and quality in delivering software in addition to reduce the cost of developing and maintaining products, and improve the cost of engineering services. These achievements may not grab all of the headlines but are important to our program?s health and accomplishments?.

It appears clear that without CMM the IRS wouldn't have been able to require preparers to efile taxes to the extent they currently do. It has additionally made a contribution to the rate at which an IRS tax refund is processed. This is a program that has actually benefited the tax payer as well as the IRS.

(1) All info and quotes are from the IRS website and documents provided by the IRS.

Written by David Bishop, CPA, Industry Director ? Accounting & Tax for UsersUnite.com. David writes ablog that discusses the news and topics related to software in the public accounting and tax preparation industries. If you have got a subject that youwould like to see David write about please send him an e-mail with the details at david.bishopusersunite.com.

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Fourteen Individuals Plead Guilty for Their Roles in Scheme to ...

WASHINGTON, DC ? June 5, 2012 ? (RealEstateRama) ? Fourteen individuals pleaded guilty yesterday in the District of Nevada for their roles in the scheme to fraudulently take control of various home owners? associations (HOAs) in the Las Vegas area, Assistant Attorney General Lanny A. Breuer of the Justice Department?s Criminal Division; FBI Special Agent in Charge Kevin Favreau of the Las Vegas Field Office; Sheriff Doug Gillespie of the Las Vegas Metropolitan Police Department; and Richard Weber, Chief of the Internal Revenue Service-Criminal Investigation (IRS-CI), announced today.

According to plea documents, the defendants each pleaded guilty to one count of conspiracy to commit mail and wire fraud. The defendants who pleaded guilty today include: Rosalio Alcantar, 60; Patrick Bergsrud, 43; Robert Bolten, 44; Glenn Brown, 52; Paul Citelli, 59; Michelle DeLuca, 51; Charles Hawkins, 51; Sami Robert Hindiyeh, 54; Lisa Kim, 47; Brian Jones, 38; Morris Mattingly, 51; Frank Sutton, 58; Anthony Roy Wilson, 34; and Jeanne Winkler, 44.

According to court documents, the fraud scheme operated from approximately August 2003 through February 2009 with various co-conspirators joining that scheme at different times. The conspirators operated the scheme to direct construction defect litigation and repairs at condominium complexes to a particular law firm and construction company.

In order to accomplish the scheme, certain co-conspirators identified HOAs that could potentially bring construction defect cases. Once identified, the co-conspirators enlisted real estate agents to identify condominium units within the HOA communities for purchase. The co-conspirators then enlisted individuals as straw purchasers to use their names and credit to purchase condominiums in the complexes. The defendants admitted that the co-conspirators provided the down payments and monthly payments to the straw purchasers, including HOA dues and mortgage payments, and that various false and misleading statements were made to secure financing for the properties. Certain co-conspirators operated and managed the payments associated with these properties. The payments were often wired between California and Nevada.

Bergsrud and Wilson admitted in their plea documents that they acted as real estate agents for the purpose of identifying units in HOA communities for use by the co-conspirators and to assist with the property transfer documents. Wilson also assisted the conspiracy by developing ways to increase capital, such as refinancing some of the units to recapture the down payments and other fees and also in managing the finances for the properties. Bergsrud, Bolten, Citelli, Hawkins, Mattingly, and Sutton admitted in their plea documents that they acted as straw purchasers at various condominium complexes.

Alcantar admitted that he opened, operated, and managed five bank accounts on behalf of the co-conspirator construction company owner, using names of shell limited liability companies for the purpose of concealing the identity of the individuals funding the conspiracy. Alcantar managed the transfer of more than $8 million during the time period of the conspiracy, including deposits made from the co-conspirator construction defect attorney.

According to plea documents, on several occasions, the co-conspirators transferred a partial interest in a particular condominium to another co-conspirator for the purpose of making it appear as if the co-conspirator was a bona fide homeowner in the community and could thereby stand for election to the HOA board of directors. Many of the straw purchasers and those who acquired a transferred interest in an HOA community agreed with co-conspirators to use their ownership interest to run for election to the respective HOA board of directors. It was through the boards of directors that the conspirators controlled the activities at the HOAs.

According to plea documents, Bergsrud, Hawkins, DeLuca, Mattingly, and Sutton agreed to become board members at certain condominium complexes and thereafter breached their fiduciary duties to the homeowners, using their positions to vote in furtherance of the conspiracy.

To ensure the co-conspirators won the elections, the co-conspirators at times employed deceitful tactics, such as submitting fake and forged ballots. Some of these ballots were sent through the U.S. mail.

On several occasions, co-conspirators attempted to create the appearance that the elections were legitimate. This was done at times by hiring attorneys to run the HOA board elections as ?special election masters? to preside over the HOA board elections and supervise the counting of ballots. The special election masters were complicit and part of the conspiracy. They allowed co-conspirators to access the ballots for the purpose of opening the ballots and influencing the results to ensure certain co-conspirator candidates won the election.

Brown and Hindiyeh admitted in plea documents that they assisted in the HOA election rigging. Jones admitted that he acted as a special election master for certain HOA elections and allowed co-conspirators to access the ballots and alter the votes in favor of co-conspirator candidates. Wilson also admitted that he assisted in promoting the co-conspirator candidates in elections.

Once elected, the co-conspirator board members met with other co-conspirators in order to manipulate board votes and process, including the selection of property managers, contractors, general counsel, and attorneys to represent the HOA. Once hired, co-conspirators, including property managers and general counsel, often recommended that the HOA board hire the co-conspirator construction company for construction defect repairs and the co-conspirator law firm to handle the construction defect litigation.

Kim admitted that she agreed with the co-conspirators to become a property manager at a condominium complex. She knew the co-conspirator controlled board would manipulate their votes to hire her company. Kim used her position as the property manager to help the co-conspirators falsify ballots and retain their positions on the HOA board.

Winkler admitted in plea documents that she agreed to become the general counsel for the Vistana condominium complex. She bid for a position as general counsel knowing that she had a prior attorney-client and financial relationship with the co-conspirator construction company owner who intended to direct the board to award the construction defect repair contract to him. Winkler admitted that she used her position to handle legal matters for the HOA as directed by her co-conspirators and that she violated her fiduciary duties to the bona fide homeowners.

According to court documents, the defendants admitted that they were each given cash or things of value for their assistance in purchasing the properties, obtaining HOA membership status, rigging elections, or using their position to manipulate the HOA?s business to enrich the co-conspirators at the expense of the HOA and the legitimate homeowners.

The maximum prison sentence for conspiracy to commit mail fraud and wire fraud is 30 years.

Ten other individuals pleaded guilty in 2011 as part of the government?s ongoing criminal investigation of activities related to various Las Vegas HOAs.

The case is being prosecuted by Deputy Chief Charles La Bella and Trial Attorney Mary Ann McCarthy of the Criminal Division?s Fraud Section. The case is being investigated by the FBI and the Las Vegas Metropolitan Police Department, Criminal Intelligence Section.

This prosecution is part of efforts underway by President Barack Obama?s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and, with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information about the task force visit www.stopfraud.gov.

Contact:
Office of Public Affairs
(202) 514-2007/TDD (202) 514-1888

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