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Federal trial looms in alleged $3.65B Ponzi scheme
By STEVE KARNOWSKI (Associated Press Writer)
>From Associated Press
October 25, 2009 2:16 PM EDT

MINNEAPOLIS - Until the Bernard Madoff scandal broke, it was a Minnesota 
businessman who stood accused of orchestrating the largest Ponzi scheme 
authorities could ever recall.

Tom Petters, 52, who seemed to have a golden touch as he built a small 
merchandise liquidation company into a diversified empire that owned well-known 
businesses such as Polaroid, goes on trial this week. The size of his alleged 
fraud: $3.65 billion.

Petters' world began to unravel a year ago when his trusted lieutenant, Deanna 
Coleman, walked into the U.S. attorney's office with what prosecutors called a 
"staggering" allegation.

Coleman said for more than 10 years she had helped Petters run a multibillion 
dollar Ponzi scheme. She said they fabricated documents to trick investors into 
loaning money that Petters would claim to use to buy TVs and other electronic 
goods that he would purport to resell to big retailers like Costco and Sam's 
Club. Those goods never existed, prosecutors claim, saying most of the money 
really went to finance Petters' lifestyle and to pay off other investors.

Petters is charged with 20 counts, including wire fraud, mail fraud, money 
laundering and conspiracy, which could imprison him for life. He maintains his 
innocence, and remains jailed. The trial is expected to take about six weeks, 
with jury selection starting Wednesday.

Coleman and six other alleged conspirators reached plea agreements, and most 
have cooperated with investigators.

Petters pleaded not guilty Dec. 2, just a week before Madoff began confessing. 
The New York financier claimed his investor accounts to be worth more than $65 
billion last November, but authorities say his scheme cost thousands of 
investors at least $13 billion. Madoff pleaded guilty and is serving a 150-year 
sentence.

Madoff is a major reason that Petters hasn't drawn more national attention, 
said defense lawyers who aren't involved in either case. One prominent local 
attorney, Earl Gray, jokingly called him "a petty offender" compared with 
Madoff.

Yet Doug Kelley, a former federal prosecutor appointed by the court to try to 
recover money for Petters' alleged victims, said the Madoff receivers have told 
him they view the Petters case as "infinitely more complicated" because Madoff 
kept accurate records, while Petters built a complex web of some 150 
corporations now "in various stages of decrepitude."

Petters once owned luxury homes in Minnesota, Florida and Colorado, yachts and 
fast cars. He hobnobbed with pro athletes and Hollywood stars and blew more 
than $10 million at one casino. He also styled himself as a philanthropist 
devoted to higher education, pledging millions to at least four colleges, which 
in turn named programs and endowed chairs after him, his children and company.

He failed to deliver on most of the money he promised.

In court filings, prosecutors depict his empire, Petters Group Worldwide LLC, 
as a house of cards, with legitimate companies such as Polaroid Corp. and Sun 
Country Airlines that gave him a veneer of respectability. But they say most 
were money-losers propped up by "the heart of the fraud," Petters Co. Inc.

Hedge funds and other private investment companies were the biggest losers when 
it all collapsed. But the victims, lured by promised rates of return as 
improbably high as 22 percent, also included faith-based charities and pastors 
saving for retirement.

Minnesota Teen Challenge, a chemical dependency program, lost $5.7 million. It 
had to cut staff before supporters helped it recover, said Eric Vagle, director 
of administration.

More than 100 pastors and some other nonprofits lost over $20 million. Their 
attorney, Carolyn Anderson, has said they include around 20 ministers whose 
life savings were wiped out.

The victims also included Petters' employees. About 2,400 people were working 
for his companies at the start of 2008; nearly all lost their jobs except those 
who kept their positions at Polaroid or Sun Country Airlines.

Kelley said his team has recovered $196 million, including $17 million from the 
personal assets of Petters and other defendants. They sold Polaroid for $88 
million but expect to eventually net about $120 million once some remaining 
assets are sold, including about $10 million in art. Sun Country Airlines is 
still in bankruptcy but has turned profitable. Petters' Lake Minnetonka home 
remains for sale, marked down to $6.25 million. His wine collection fetched 
$7,080.

Petters' attorney, Jon Hopeman, did not return calls. The U.S. attorney's 
office declined an interview request. But according to prosecution filings, 
Petters claims Coleman carried out the scheme without his knowledge.

In its filings, the defense makes clear one of its strategies will be to attack 
the credibility of Coleman and other potential witnesses.

Gray, the defense attorney not involved in the case, said Petters' attorneys 
face a tough call on whether to put him on the stand.

If they do, prosecutors could ask about documents such as an e-mail Petters 
sent to Coleman in 2006, saying:

"I spent a fair amount of time (c)rying about all I have done wrong in my life 
(crying inside and out) I ask daily to be able to get up and have God to help 
me change this company into one we are so proud of instead of full of shame!" 
he wrote.

"The more he explains them the more the government will accuse him of lying," 
Gray said.
Copyright 2009 The Associated Press. All rights reserved. This material may not 
be published, broadcast, rewritten or redistributed.









 

 

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