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Decade-old Heartland fraud case nearing end

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A 10-year-old federal lawsuit involving a local investment firm that bilked investors out of $29 million in a Ponzi scheme finally is drawing to a close.

The court-appointed receiver charged with distributing the assets of Kenneth R. Payne and others involved with Heartland Financial Services Inc. filed a motion on March 8 to disperse the last of the money to investors.

James Knauer so far has distributed more than $2.6 million to 455 investors and creditors, and notified a U.S. District Court judge in Indianapolis that just $75,274 remains. The amount left for investors is even smaller when accounting for $28,132 in attorney's fees and $9,921 in receiver fees he is requesting.

The return for investors breaks down to almost 9 cents for every dollar invested, which is better than average for most fraud cases, said local attorney Mark Maddox, who represented several of the ripped-off investors.

“It looked to me that Knauer did a good job going out and looking for every dollar he could find,” he said. “But unfortunately, most of the bad guys end up spending all of the money.”

The U.S. Securities and Exchange Commission brought its lawsuit against Payne, now 61, and others involved in Indianapolis-based Heartland in August 2000. Payne, though, fled the United States and was apprehended by federal marshals in Cancun, Mexico, a month later. Investigators said Payne made preparations to assume a second identity and possessed a supply of loose diamonds to finance his new life.

He pleaded guilty to five counts of mail fraud and one count of money laundering, and was sentenced in April 2002 to 17 years and seven months in federal prison. He currently is incarcerated in Texas. Payne also was ordered to pay restitution of more than $27 million for orchestrating the Ponzi scheme.

The SEC accused Payne and others of defrauding investors, many of whom were elderly, through bogus investment opportunities that included interests in an offshore bank in Belize.

Knauer recovered some offshore money and seized personal assets, including homes, automobiles, motorcycles and boats, which is “real typical” in these types of cases, he said.

But, similar to what’s occurring in the Bernie Madoff scheme, he also sued investors who profited from their investments.

“If you get paid late in the game, you’re getting someone else’s money,” Knauer said. “The fairest thing was to go after the profits the people made.”

Brad Skolnik, a former state securities commissioner, recalled the scheme as one of the more high-profile securities cases he was involved in during his eight-year tenure.

“Unfortunately, Ken Payne left a lot of victims in his wake,” he said. “I’m not at all surprised to see that the receiver is still taking steps to locate assets.”

The magnitude of the case may be most evident in a local storage facility, where 147 seized boxes of records sit. The cost of monthly storage is $38.43, which is included in the attorney's fees Knauer is seeking.

Knauer wants the storage facility to destroy the boxes, at a cost of $4.88 each, or a total of nearly $718.

“The receiver requests that notice of the filing of this motion be given to Mr. Kenneth Payne on behalf of Heartland’s principals and, unless Mr. Payne or someone on his behalf is willing to assume the continuing storage costs of the Heartland records, then the receiver should be authorized to have the storage facility destroy the boxes,” Knauer wrote to the court.
 

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  • Why no arrest of Tim Durham et al
    Maybe the guys quoted can explain why Tim and his friends have not been arrested.

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  1. liek the rest of America

  2. These quaint,obsessed musings by the stalkers are certainly entertaining, but I'm trying to figure out what, if anything, all the yelping below has to do with Zak Brown.

  3. It's evident that Moffett was pushing the right buttons and corporate America is now trying to squash him. He just wanted to withdraw the free pilot services provided to the company by the pilots to try and put some pressure on a company that has not been interested in negotiating a contract in over 5 years. The company does not provide a contract because not having one has saved them a bundle of money. Shame on any Republic pilots not standing behind their union leader just because things are getting tough, can you not see such strategic moves by the company as putting the last union president in a corporate position and into THEIR pocket. Do you really believe the last union president is so appalled at the attempts by Moffett, do you not remember his oppositions to the company? We stood behind him. It has been proven over and over again for thousands of years without fail, a man cannot serve two masters. Anyone that believes people vote contrary to their paycheck and livelihood deserve to be taken advantage of, the recent statements by the former union president are laughable as he denounces the current union president from his new corporate position. Have you ever seen a drafted sports player score points for his previous team, it cannot be done, he is not on the pilots side anymore, he gets his money a different way now than you and I do, and he should not be allowed to remain on the seniority list. A drafted player brings strength, credibility, tactical knowledge, and a strategic advantage to his NEW team, he would not be drafted or paid were it otherwise. We are all forced to choose only one side to play for and support, not doing so has many references in life such as insider trading and shaving points, all illegal for good reason. This basic fact is why corporate moguls, scientist, and engineers all sign non-discloser agreements and non-compete clauses, as protection in case they are lured into switching sides as our former union president has done. No NFL coach ever drafted a player so that both teams could benefit and better understand each other, they are recruited to win the game against that former team, period. Likewise the company does not recruit the former union president by accident or mutual understanding, its strategy. Don't confuse playing the game with good sportsman-like conduct in support of common business and prosperity goals, with the requirement to only play for one side. Good men we all love and favor fall subject to this manipulation, often without their knowledge, and it is not a betrayal of their friendship to oppose them when they switch sides. If we did not love and trust them, they would not have been chosen and lured to the other side in the first place. The deception by the drafted player is not made at a conscious level, it's just human nature and it's all about money and power which corrupts our ability to be objective and loyal to two masters. This is why our court system created the defense attorney, and why our military created counter intelligence. Its strategy and its propaganda, and it works, and that's why the "powers to be" manipulate the chess pieces by sometimes changing their colors. Some players know they are being manipulated when their color is changed, but it brings them more money and power so they do not care. The rest have good intentions but do not even realize they are being manipulated. This tactic is also known by another name, Divide and Conquer. In battle sending an imperfect message with an imperfect team is obviously not ideal, but it's still being sent by YOUR team, your union leader, a leader that has common goals and common rewards with you, they are the best, because we have elected them to do a job for us. If you are not backing Moffett but believing the spin by those that have recently switched sides, you are taking food out of your own mouth. Showing unity and backing an imperfect situation still results in taking just as much ground, it's about unity and bargaining power. It's not necessary to wait around for that perfect attack because it will never come, the company will spin and attempt to destroy anyone that gets in their way. Ultimately it's not about any specific attack anyway, ASAP or whatever it makes no difference, it is and always has been only about power. If this company cared about safety it would not build pairings with 8 hour overnights, come on, are you that naive? Besides, do you really think Hoffa cares, no, he got a call from corporate America and was squeezed into denouncing Moffett. If he didn't they would spin the safety card against him and the Teamsters National with implication for truckers, future contracts, insurance rates etc...saying something like the Teamsters use safety as a bargaining chip, blah blah blah... Do you really think any pilot is going to do something unsafe for the contract, absolutely not, the only ones threatening safety here is the company with reduced rest, fatigue, and poverty. Do you not find it odd that Hoffa and the Teamsters are opposing a Teamster president publicly? Would the Teamsters National not normally support and work with one of their own? Why did they not sit down and help him strategize, correct any mistakes, and charge ahead? Would the Teamsters National not normally support and leverage a contract for all those pilots that have been paying Teamster dues, isn't that why we have all been paying Teamster dues in the first place? I sure haven't been paying dues so that the Teamsters National could come along and write this kind of an article undercutting our union leader and our unity. Whose side is the Teamsters National really on, it's obviously not the Republic pilots side.

  4. No matter what Moffatt does the company is going to spin it like he is the terrorist and brainwash people like you into believing it, wake up, back your players that are trying to change things for you and your livelihood. Where has Hoffa been for the last 6 years, except collecting our dues. Seriously, do you really think an FO going for upgrade, signed off by a checkairman ready for the upgrade, who then fails, is not even capable of returning as a First Officer.

  5. whoa!

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