Barry Minkow
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Barry Jay Minkow (born March 22, 1966) is a former American
businessman A businessperson, businessman, or businesswoman is an individual who has founded, owns, or holds shares in (including as an angel investor) a private-sector company. A businessperson undertakes activities (commercial or industrial) for the ...
,
pastor A pastor (abbreviated as "Pr" or "Ptr" , or "Ps" ) is the leader of a Christian congregation who also gives advice and counsel to people from the community or congregation. In Lutheranism, Catholicism, Eastern Orthodoxy, Oriental Orthodoxy and ...
, and convicted felon. While still in high school, Minkow founded ZZZZ Best (pronounced "Zee Best"), which appeared to be an immensely successful carpet-cleaning and restoration company. However, it was actually a front to attract investment for a massive
Ponzi scheme A Ponzi scheme (, ) is a form of fraud that lures investors and pays profits to earlier investors with funds from more recent investors. Named after Italian businessman Charles Ponzi, the scheme leads victims to believe that profits are comin ...
. ZZZZ Best collapsed in 1987, costing investors and lenders $100 million in one of the largest
investment fraud Investment is the dedication of money to purchase of an asset to attain an increase in value over a period of time. Investment requires a sacrifice of some present asset, such as time, money, or effort. In finance, the purpose of investing is ...
s ever perpetrated by a single person, as well as one of the largest accounting frauds in history. The scheme is often used as a case study of accounting fraud. After being released from jail, Minkow became a pastor and fraud investigator in
San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the eighth most populous city in the United States ...
, and spoke at churches and schools about ethics. This came to an end in 2011, when he admitted to helping deliberately drive down the stock price of homebuilder
Lennar Lennar Corporation is a home construction company based in the census-designated place of Fontainebleau, Florida, with a Miami postal address. In 2021, the company was the second-largest home construction company in the United States based on the ...
and was ordered back to prison for five years. Three years later, Minkow admitted to defrauding his own church and was sentenced to an additional five years in prison. He is subject to
restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...
requirements totaling $612 million.


Beginnings of ZZZZ Best

Barry Minkow was born in
Inglewood Inglewood may refer to: Places Australia *Inglewood, Queensland * Shire of Inglewood, Queensland, a former local government area *Inglewood, South Australia *Inglewood, Victoria *Inglewood, Western Australia Canada * Inglewood, Ontario *Inglewoo ...
,
California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...
, to a Jewish family, and was raised in the Reseda area of the
San Fernando Valley The San Fernando Valley, known locally as the Valley, is an urbanized valley in Los Angeles County, California. Located to the north of the Los Angeles Basin, it contains a large portion of the City of Los Angeles, as well as unincorporated ar ...
. When he was nine years old, his mother got him a job as a
telemarketer Telemarketing (sometimes known as inside sales, or telesales in the UK and Ireland) is a method of direct marketing in which a salesperson solicits prospective customers to buy products or services, either over the phone or through a subsequen ...
with the carpet-cleaning business where she worked. At the age of 16, while a sophomore at Cleveland High School, Minkow started ZZZZ Best (pronounced "Zee Best") in his parents' garage with three employees and four phones. In the early days, he had to rely on friends to drive him to carpet-cleaning jobs since he did not have a driver's license. At first, Minkow struggled to meet basic expenses. Two banks closed his business account because California law of the time did not allow minors to sign binding contracts, including checks. He was also plagued by customer complaints and demands for payment from suppliers. At times, he found it difficult even to make payroll. Faced with a shortage of
operating capital Working capital (WC) is a financial metric which represents operating liquidity available to a business, organisation, or other entity, including governmental entities. Along with fixed assets such as plant and equipment, working capital is consi ...
, Minkow financed his business via check kiting, stealing and selling his grandmother's jewelry, staging break-ins at his offices, and running up fraudulent credit card charges. Soon after, Minkow branched into the "insurance restoration" business. With the help of Tom Padgett, a claims adjuster, Minkow forged numerous documents claiming that ZZZZ Best was involved in several restoration projects for Padgett's company. Padgett and Minkow formed a fake company, Interstate Appraisal Services, that verified the details of these restorations to Minkow's bankers. Flush with loans from these banks, Minkow expanded ZZZZ Best across
Southern California Southern California (commonly shortened to SoCal) is a geographic and cultural region that generally comprises the southern portion of the U.S. state of California. It includes the Los Angeles metropolitan area, the second most populous urban ...
. While most Ponzi schemes are based on non-existent businesses, ZZZZ Best's carpet-cleaning division was very real and won high marks for its quality. However, its insurance restoration division, which eventually accounted for 86% of company revenues, was fraudulent. Minkow raised money by factoring his accounts receivable for work under contract, as well as floating funds through several banks in an elaborate check kiting scheme. After graduating from high school in 1985, Minkow devoted all of his time to ZZZZ Best. Short of cash despite the recent expansion, he got a loan from Jack Catain, a
Los Angeles Los Angeles ( ; es, Los Ángeles, link=no , ), often referred to by its initials L.A., is the largest city in the state of California and the second most populous city in the United States after New York City, as well as one of the world ...
businessman who had ties to
organized crime Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
. Catain later sued Minkow for not paying him his share of the company's profits, but Minkow claimed Catain was a usurer. The suit was still working its way through the courts at the time of Catain's death in 1987. Other organized crime figures turned up as Minkow's advisers, which unnerved his employees. For instance, a major shareholder, Maurice Rind, had been convicted of
securities fraud Securities fraud, also known as stock fraud and investment fraud, is a deceptive practice in the stock or commodities markets that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in lo ...
in 1976. Minkow was also a business partner with Robert Viggiano, a convicted jewel thief and reputed loanshark.


Going public

At the suggestion of a friend, Minkow took his company public in January 1986, garnering a spot on
NASDAQ The Nasdaq Stock Market () (National Association of Securities Dealers Automated Quotations Stock Market) is an American stock exchange based in New York City. It is the most active stock trading venue in the US by volume, and ranked second ...
. The accountant who
audited An audit is an "independent examination of financial information of any entity, whether profit oriented or not, irrespective of its size or legal form when such an examination is conducted with a view to express an opinion thereon.” Auditing ...
ZZZZ Best before it went public did not visit the insurance restoration sites himself. Had he done so, he would have discovered they were mailboxes located throughout the San Fernando Valley. Minkow retained a fifty-three percent
controlling interest A controlling interest is an ownership interest in a corporation with enough voting stock shares to prevail in any stockholders' motion. A majority of voting shares (over 50%) is always a controlling interest. When a party holds less than the major ...
in ZZZZ Best, making him an instant millionaire on paper. Going public seemingly offered him a way to cover up his fraudulent activities. Under securities law at the time, he had to retain his personal shares for two years. He planned to sell a million shares to the public in January 1988, believing this would give him enough money to pay everyone off and go completely legitimate.ZZZZ Best case study
/ref> In order to obtain more financing, Minkow was persuaded to raise $15 million of
capital Capital may refer to: Common uses * Capital city, a municipality of primary status ** List of national capital cities * Capital letter, an upper-case letter Economics and social sciences * Capital (economics), the durable produced goods used fo ...
through an
initial public offering An initial public offering (IPO) or stock launch is a public offering in which shares of a company are sold to institutional investors and usually also to retail (individual) investors. An IPO is typically underwritten by one or more investme ...
of ZZZZ Best stock. When accountants wanted to inspect the company's operations, he borrowed fake offices for a tour of "Interstate Appraisal Services" and used an incomplete building to present a fake restoration job. Mark Morze, ZZZZ Best's financial consultant, tricked the accountants sent to perform the necessary
due diligence Due diligence is the investigation or exercise of care that a reasonable business or person is normally expected to take before entering into an agreement or contract with another party or an act with a certain standard of care. It can be a ...
by faking thousands of documents. The public offering closed in December and Minkow became the youngest person to lead a company through an IPO in American financial history. Minkow launched a massive television advertising campaign portraying ZZZZ Best as a carpet cleaner that Southern Californians could trust.Stavro, Barry; Miller, Alan C
ZZZZ Best: The House of Cards Falls
''Los Angeles Times'', 1987-09-06.
He owned a
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and a BMW, and bought a mansion in the wealthy Valley community of Woodland Hills.Stavro, Barry
Gates ties Minkow to Drug Operation
''Los Angeles Times'', 1987-07-09.
He had ambitions of making the company "the
General Motors The General Motors Company (GM) is an American Multinational corporation, multinational Automotive industry, automotive manufacturing company headquartered in Detroit, Michigan, United States. It is the largest automaker in the United States and ...
of the carpet-cleaning industry." ZZZZ Best's
chief financial officer The chief financial officer (CFO) is an officer of a company or organization that is assigned the primary responsibility for managing the company's finances, including financial planning, management of financial risks, record-keeping, and fina ...
, Charles Arrington, was accused of running up $91,000 in fraudulent charges against customers of his florist business.Akst, Daniel
Behind "Whiz Kid" Is a Trail of False Credit Card Billings
''Los Angeles Times'', 1987-05-22.
When the Feshbach brothers, a pair of short-sellers, learned that Minkow still stood behind Arrington, they did further investigating and discovered ZZZZ Best's claimed $7 million contract to clean carpets in
Sacramento ) , image_map = Sacramento County California Incorporated and Unincorporated areas Sacramento Highlighted.svg , mapsize = 250x200px , map_caption = Location within Sacramento ...
was likely a fraud. This prompted the Feshbachs to short ZZZZ Best's stock, anticipating that it would fall. Additionally, none of the company's four outside directors had any experience running a
public company A public company is a company whose ownership is organized via shares of stock which are intended to be freely traded on a stock exchange or in over-the-counter markets. A public (publicly traded) company can be listed on a stock exchange ( ...
.Stevenson, Richard W
Star entrepreneur's fall from grace
''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', 1987-07-09.


Downfall

By February 1987, ZZZZ Best was trading at $18 a share on NASDAQ, valuing the company at $280 million. Minkow's stake was worth $100 million. The company now had 1,030 employees with offices in California,
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
and
Nevada Nevada ( ; ) is a U.S. state, state in the Western United States, Western region of the United States. It is bordered by Oregon to the northwest, Idaho to the northeast, California to the west, Arizona to the southeast, and Utah to the east. N ...
.Murphy, Kim; Soble, Ronald L
Minkow Is Convicted on All Charges : Jury Decides That ZZZZ Best Founder Masterminded Fraud
''Los Angeles Times'', 1988-12-15.
Despite its growth, the company was still facing severe cash flow shortages from paying investors for the non-existent restoration projects. Minkow believed he'd found a solution when he learned that KeyServ, the authorized carpet cleaner for
Sears Sears, Roebuck and Co. ( ), commonly known as Sears, is an American chain of department stores founded in 1892 by Richard Warren Sears and Alvah Curtis Roebuck and reincorporated in 1906 by Richard Sears and Julius Rosenwald, with what began a ...
, was being sold by its British parent. He began
merger Mergers and acquisitions (M&A) are business transactions in which the ownership of companies, other business organizations, or their operating units are transferred to or consolidated with another company or business organization. As an aspec ...
talks with KeyServ, as the cash infusion would solve ZZZZ Best's immediate cash flow issues. Additionally, Minkow thought that KeyServ's Sears business would give ZZZZ Best enough cash to end the Ponzi scheme sooner than originally planned.
Drexel Burnham Lambert Drexel Burnham Lambert was an American multinational investment bank that was forced into bankruptcy in 1990 due to its involvement in illegal activities in the junk bond market, driven by senior executive Michael Milken. At its height, it was ...
offered to finance the deal with a private placement of
junk bonds In finance, a high-yield bond (non-investment-grade bond, speculative-grade bond, or junk bond) is a bond that is rated below investment grade by credit rating agencies. These bonds have a higher risk of default or other adverse credit events ...
.Murphy, Kim
'Like the 3 Stooges' : ZZZZ Best: How the Big Bubble Burst
''Los Angeles Times'', 1989-03-30.
Although KeyServ was twice ZZZZ Best's size, the two companies agreed to a $25 million deal in which ZZZZ Best would be the surviving company. The merger would have made ZZZZ Best Sears' authorized carpet cleaner, and also would have made Minkow the president and chairman of the board of the largest independent carpet-cleaning company in the U.S. Soon after the KeyServ deal was announced, Minkow began making plans to become even more powerful, planning to raise $700–800 million to buy
ServiceMaster ServiceMaster Brands is an American privately held company owned by Roark Capital Group that provides residential and commercial services. Its headquarters are located in Atlanta, Georgia, after moving there in 2020 from Memphis, Tennessee. Br ...
in a
hostile takeover In business, a takeover is the purchase of one company (the ''target'') by another (the ''acquirer'' or ''bidder''). In the UK, the term refers to the acquisition of a public company whose shares are listed on a stock exchange, in contrast to t ...
and intending to expand to the United Kingdom. Outside of carpet cleaning, he had begun preliminary discussions to buy
Major League Baseball Major League Baseball (MLB) is a professional baseball organization and the oldest major professional sports league in the world. MLB is composed of 30 total teams, divided equally between the National League (NL) and the American League (A ...
's
Seattle Mariners The Seattle Mariners are an American professional baseball team based in Seattle. They compete in Major League Baseball (MLB) as a member club of the American League (AL) West division. The team joined the American League as an expansion ...
. Just as the KeyServ merger was about to close, the
credit card fraud Credit card fraud is an inclusive term for fraud committed using a payment card, such as a credit card or debit card. The purpose may be to obtain goods or services or to make payment to another account, which is controlled by a criminal. The ...
that helped keep ZZZZ Best afloat in the early years proved to be Minkow's undoing. Minkow had blamed the fraudulent charges on unscrupulous contractors and another employee, and paid back most of the victims. However, he had not paid back a homemaker who had been overcharged a few hundred dollars. When he ignored her requests to pay her back, she tracked down several other people who had been defrauded by Minkow and gave a diary of her findings to the ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the ...
''. The ''Times'' then wrote a story revealing that Minkow had run up $72,000 in fraudulent credit card charges in 1984 and 1985. The story, which ran just days before the merger was to close, sent ZZZZ Best stock plunging 28 percent. Within hours of the story's publication, ZZZZ Best's banks either called their loans or threatened to do so. Drexel postponed closing until it could investigate further. Later that day, at a press conference, a reporter revealed evidence that the Sacramento carpet-cleaning project didn't exist. More seriously, she'd discovered that ZZZZ Best did not have the contractor's license required for large-scale restoration work. To calm nervous investors, Minkow issued a press release touting record profits and revenues but did so without notifying Ernst & Whinney (now part of
Ernst & Young Ernst & Young Global Limited, trade name EY, is a multinational professional services partnership headquartered in London, England. EY is one of the largest professional services networks in the world. Along with Deloitte, KPMG and Pricewat ...
), the firm responsible for auditing the company prior to the KeyServ deal. The press release also implied that Drexel had cleared ZZZZ Best of any wrongdoing, briefly stopping the decline. However, Drexel abruptly pulled out of the deal a few days later, causing the stock price to fall again. Drexel's withdrawal stopped the deal four to seven days before it was due to close. The day after this press release, Ernst & Whinney discovered that Minkow had written several checks to support the validity of the non-existent contracts. Many of them had been written to an associate who later told Ernst & Whinney officials about the fraud. Minkow denied knowing the man, but shortly after the checks were discovered, Ernst & Whinney discovered that he had cut two checks to the associate for an unrelated matter. When Minkow could not explain the checks, Ernst & Whinney resigned as ZZZZ Best's auditor. However, it did not inform the
Securities and Exchange Commission The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market ...
(SEC) of its suspicions until a month later. On July 2, Minkow abruptly resigned from ZZZZ Best for "health reasons." By this time, his company's stock had fallen to $3.50 a share—an 81 percent drop from its high in February. Minkow later revealed that on June 27, six days earlier, an independent law firm the company had retained to investigate the allegations asked for the addresses for all of the company's restoration jobs. Minkow knew that those projects did not exist and decided to resign. Later, he reportedly told a member of his board that the insurance restoration business had been a sham from the very beginning. ZZZZ Best's new board conducted an internal investigation that largely substantiated the fraud allegations. On July 6 it sued Minkow, alleging that he had absconded with $23 million in company funds. ZZZZ Best claimed that its assets had been drained to the point that it was forced into
Chapter 11 bankruptcy Chapter 11 of the United States Bankruptcy Code ( Title 11 of the United States Code) permits reorganization under the bankruptcy laws of the United States. Such reorganization, known as Chapter 11 bankruptcy, is available to every business, whe ...
. Two days later, the
Los Angeles Police Department The Los Angeles Police Department (LAPD), officially known as the City of Los Angeles Police Department, is the municipal police department of Los Angeles, California. With 9,974 police officers and 3,000 civilian staff, it is the third-lar ...
raided ZZZZ Best's headquarters and Minkow's home, and found evidence that the company was being used to launder drug profits for organized crime.


Conviction and prison

Minkow and ten other ZZZZ Best insiders were
indicted An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concept often use that of ...
by a federal
grand jury A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a p ...
in January 1988 on fifty-four counts of
racketeering Racketeering is a type of organized crime in which the perpetrators set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit. Originally and ...
, securities fraud, money laundering,
embezzlement Embezzlement is a crime that consists of withholding assets for the purpose of conversion of such assets, by one or more persons to whom the assets were entrusted, either to be held or to be used for specific purposes. Embezzlement is a type ...
,
mail fraud Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to defraud another, and are federal crimes there. Jurisdiction is claimed by the federal government if the illegal activity ...
,
tax evasion Tax evasion is an illegal attempt to defeat the imposition of taxes by individuals, corporations, trusts, and others. Tax evasion often entails the deliberate misrepresentation of the taxpayer's affairs to the tax authorities to reduce the tax ...
and
bank fraud Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many ...
. The indictment accused Minkow of bilking banks and investors of millions of dollars while systematically draining his company of assets. It also accused Minkow of setting up dummy companies, writing phony invoices and conducting tours of purported restoration sites. Prosecutors estimated that as much as ninety percent of the company's revenue was fraudulent. On June 16, prosecutors won a superseding indictment charging Minkow with credit card fraud and two additional counts of mail fraud. While Minkow admitted to manipulating the company's stock, he claimed that he was forced to turn the company into a Ponzi scheme under pressure from the organized-crime figures who secretly controlled his company, a story he later admitted was false. On December 14, he was found guilty on all charges. On March 27, 1989, he was sentenced to twenty-five years in prison. He was also placed on five years'
probation Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration. In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
and ordered to pay $26 million in
restitution The law of restitution is the law of gains-based recovery, in which a court orders the defendant to ''give up'' their gains to the claimant. It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court ...
. In sentencing him, U.S. District Court Judge
Dickran Tevrizian Dickran Mardivos Tevrizian Jr. (born August 4, 1940) is a retired United States district judge of the United States District Court for the Central District of California. Confirmed in 1985, he is the first United States federal judge of Armenian ...
described Minkow as a man without a conscience, rejecting his plea for a lighter sentence as "a joke" and "a slap on the wrist" for someone who had manipulated the financial system. The SEC subsequently banned him from ever serving as an officer or director of a public company again. He served under seven and a half years, most of them at
Federal Correctional Institution, Englewood The Federal Correctional Institution, Englewood (FCI Englewood) is a low-security United States federal prison for male inmates in Colorado. It is operated by the Federal Bureau of Prisons (BOP), a division of the United States Department of Jus ...
. While imprisoned, Minkow claimed to have become a
born-again Christian Born again, or to experience the new birth, is a phrase, particularly in evangelicalism, that refers to a "spiritual rebirth", or a regeneration of the human spirit. In contrast to one's physical birth, being "born again" is distinctly and sep ...
. During his prison stay, he became involved in Christian ministry, completing coursework through
Liberty University Liberty University (LU) is a private Baptist university in Lynchburg, Virginia. It is affiliated with the Southern Baptist Conservatives of Virginia ( Southern Baptist Convention). Founded in 1971 by Jerry Falwell Sr. and Elmer L. Towns, Lib ...
's School of Lifelong Learning.


Release

After his early release from prison in 1995, Minkow went to work as a
pastor A pastor (abbreviated as "Pr" or "Ptr" , or "Ps" ) is the leader of a Christian congregation who also gives advice and counsel to people from the community or congregation. In Lutheranism, Catholicism, Eastern Orthodoxy, Oriental Orthodoxy and ...
at the Church at Rocky Peak in
Chatsworth, California Chatsworth is a suburban neighborhood in the City of Los Angeles, California, in the San Fernando Valley. The area was home to Native Americans, some of whom left caves containing rock art. Chatsworth was explored and colonized by the Spanish b ...
, and became director of the church's Bible Institute. That same year he wrote a first-hand account of the ZZZZ Best scam, ''Clean Sweep.'' All of the book's proceeds went toward repaying his victims. His other substantial debt is a $7 million loan from Union Bank. In 1997, Minkow became pastor of Community Bible Church in
San Diego San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the eighth most populous city in the United States ...
. Soon after his arrival, a church member asked him to look into a money management firm in nearby Orange County. Suspecting something was amiss, Minkow alerted federal authorities, who discovered the firm was a $300 million
pyramid scheme A pyramid scheme is a business model that recruits members via a promise of payments or services for enrolling others into the scheme, rather than supplying investments or sale of products. As recruiting multiplies, recruiting becomes quickly i ...
. This was the beginning of the Fraud Discovery Institute (FDI), Minkow's for-profit investigative firm. His original targets were
penny stock Penny stocks are common shares of small public companies that trade for less than one dollar per share. The U.S. Securities and Exchange Commission (SEC) uses the term "Penny stock" to refer to a security, a financial instrument which represents a ...
companies, which are often havens for fraud. However, he soon attracted the attention of media outlets including ''
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'',
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,
Fox News The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is o ...
, and CBS's ''
60 Minutes ''60 Minutes'' is an American television news magazine broadcast on the CBS television network. Debuting in 1968, the program was created by Don Hewitt and Bill Leonard, who chose to set it apart from other news programs by using a unique st ...
''. Several Wall Street investors sent money to Minkow in order to persuade him to pursue bigger targets.Calbreath, Dean
Barry Minkow: From scammer, to preacher, to defendant
San Diego Union-Tribune ''The San Diego Union-Tribune'' is a metropolitan daily newspaper published in San Diego, California, that has run since 1868. Its name derives from a 1992 merger between the two major daily newspapers at the time, ''The San Diego Union'' and ...
, 2011-07-03.
Minkow claimed to have uncovered $1 billion worth of fraud through the FDI.Olorunnipa, Toluse
Stock schemer headed back to prison
''
Miami Herald The ''Miami Herald'' is an American daily newspaper owned by the McClatchy Company and headquartered in Doral, Florida, a city in western Miami-Dade County and the Miami metropolitan area, several miles west of Downtown Miami.The San Diego Union-Tribune ''The San Diego Union-Tribune'' is a metropolitan daily newspaper published in San Diego, California, that has run since 1868. Its name derives from a 1992 merger between the two major daily newspapers at the time, ''The San Diego Union'' and ...
,'' Minkow had engaged in this practice as early as 2006. His critics denounced this practice as unethical, if not illegal. At least one critic accused him of engaging in short and distort, a form of securities fraud which is a reversal of a
pump and dump Pump and dump (P&D) is a form of securities fraud that involves artificially inflating the price of an owned stock through false and misleading positive statements, in order to sell the cheaply purchased stock at a higher price. Once the operat ...
scheme.Calbreath, Dean
Barry Minkow's half-billion dollar blitzkrieg
San Diego Union-Tribune ''The San Diego Union-Tribune'' is a metropolitan daily newspaper published in San Diego, California, that has run since 1868. Its name derives from a 1992 merger between the two major daily newspapers at the time, ''The San Diego Union'' and ...
, 2011-07-06.
For instance, Minkow accused
Herbalife Herbalife Nutrition Ltd., also called Herbalife International, Inc. (with a U.S. subsidiary called Herbalife International of America) or simply Herbalife, is a global multi-level marketing (MLM) corporation that develops and sells dietary su ...
of a "laundry list" of issues and had "correctly revealed that Herbalife's president had inflated his résumé." Herbalife paid Minkow $300,000, after which he issued a press release withdrawing all accusations and contentions against the company, and removed all the accusations from his website. Additionally, Minkow made $50,000 from shorting Herbalife stock. He continued to profit from his short sales position due to sharp decreases in the reported company's stock price immediately after releasing a new report.Barrett, Beth
Barry Minkow 2.0
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, 2010-10-14.
On 20 February 2007, Minkow distributed a 500-page report to officials at the SEC, the
Federal Bureau of Investigation The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice ...
(FBI), and the
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory t ...
(IRS), accusing USANA of operating an illegal
pyramid scheme A pyramid scheme is a business model that recruits members via a promise of payments or services for enrolling others into the scheme, rather than supplying investments or sale of products. As recruiting multiplies, recruiting becomes quickly i ...
. On the day Minkow's report was released, USANA's shares had traded at $61.19 but by August the share price had tumbled to less than $35. Minkow later acknowledged that he was shorting USANA's shares, hoping to profit from a drop in the stock price. USANA filed lawsuits against Minkow, accusing him of stock manipulation and
defamation Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
. However, USANA dropped the defamation suit and a judge later threw out four of the five claims brought against Minkow, ruling that the claims violated California's anti-
SLAPP Strategic lawsuits against public participation (also known as SLAPP suits or intimidation lawsuits), or strategic litigation against public participation, are lawsuits intended to censor, intimidate, and silence critics by burdening them with ...
law for suing Minkow for fair criticism. The judge also cited two examples where USANA failed to refute Minkow's claims that their products were overpriced and of no better quality than other lower-priced brands. The remaining charge of stock manipulation was settled in July 2008 when USANA and Minkow reached an undisclosed
settlement Settlement may refer to: * Human settlement, a community where people live *Settlement (structural), the distortion or disruption of parts of a building *Closing (real estate), the final step in executing a real estate transaction *Settlement (fin ...
, which included the removal of all USANA-related materials from the FDI website, a related Chinese website, and from
YouTube YouTube is a global online video sharing and social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by Google, and is the second mo ...
. Minkow also agreed to never trade in USANA's stock again. Separately from the settlement, USANA paid $142,510 in attorney fees to Minkow and the FDI under an order from federal Magistrate Samuel Alba. Court documents show that USANA never pursued others whom they suspected of being part of the alleged stock manipulation nor did they ask for an injunction, their only avenue of release in this case. Minkow almost always held a position in securities on which he reported.Fraud Discovery Institute
However, he has since stated that while his lawyers advised him this practice was legal, it was probably unethical. Several companies have since sued Minkow for making false accusations against them, with most of the suits being settled out of court.


Lennar

In 2009, Minkow issued a report accusing major homebuilder
Lennar Lennar Corporation is a home construction company based in the census-designated place of Fontainebleau, Florida, with a Miami postal address. In 2021, the company was the second-largest home construction company in the United States based on the ...
of massive fraud, claiming that irregularities in the company's off-balance-sheet debt accounting were evidence of a massive Ponzi scheme. Minkow accused Lennar of not disclosing enough information about this to its shareholders, and also claimed a Lennar executive had taken out a fraudulent personal loan.Whelan, Robbie
Minkow to Plead Guilty in Lennar Insider-Trading Case
''The Wall Street Journal'', 2011-03-17.
In an accompanying YouTube video, he denounced Lennar as "a financial crime in progress" and "a corporate bully." Lennar's stock plummeted in the wake of Minkow's reports, tumbling from $11.57 a share to $6.55 in two weeks. Minkow issued the report after being contacted by Nicholas Marsch, a San Diego developer who had filed two lawsuits against Lennar for fraud. Indeed, the language of the FDI report echoed that used in Marsch's filings. One of Marsch's suits was summarily thrown out; the other ended with Marsch having to pay Lennar $12 million in counterclaims. Lennar responded by adding Minkow as a defendant in a lawsuit against Marsch. Minkow was initially unconcerned, since he had prevailed before in similar cases on
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...
grounds. According to court records, Minkow had shorted Lennar stock, buying $20,000 worth of
options Option or Options may refer to: Computing *Option key, a key on Apple computer keyboards *Option type, a polymorphic data type in programming languages *Command-line option, an optional parameter to a command *OPTIONS, an HTTP request method ...
in a bet that the stock would fall. Even more seriously, he also ''bought'' Lennar stock after his FDI report, believing the stock would rebound after its dramatic plunge. Minkow initially denied doing this, only to be forced to recant when confronted with trading records. Minkow forged documents alleging misconduct on Lennar's part and lied about having to go to the emergency room on the night before he was first scheduled to testify. He also went forward with the report even after a private investigator he had hired for the case could not substantiate Marsch's claims. In an unrelated development, it was also revealed that Minkow operated the FDI out of the offices of his church and even used church money to fund the organization—something which could have jeopardized his church's
tax-exempt status Tax exemption is the reduction or removal of a liability to make a compulsory payment that would otherwise be imposed by a ruling power upon persons, property, income, or transactions. Tax-exempt status may provide complete relief from taxes, redu ...
. On December 27, 2010,
Florida Circuit Court The Florida circuit courts are state courts, and are trial courts of original jurisdiction for most controversies. In Florida, the circuit courts are one of four types of courts created by the Florida Constitution (the other three being The ...
Judge Gill Freeman issued a default judgment against Minkow in response to a motion by Lennar. Freeman found that Minkow had repeatedly lied under oath, destroyed or withheld evidence, concealed witnesses, deliberately tried to "cover up his misconduct", and had even lied to his own lawyers about his behavior. Freeman determined that Minkow had perpetrated "a fraud on the court" that was so egregious that letting the case go any further would be a disservice to justice. In her view, "no remedy short of default" was appropriate for Minkow's lies. She ordered Minkow to reimburse Lennar for the legal expenses it incurred while ferreting out his lies. According to legal experts, terminating sanctions such as default judgments are extremely rare, since they are reserved for particularly egregious misconduct and have the effect of revoking a litigant's right to defend himself. Earlier, Freeman had been so angered by Minkow's behavior that she called him a liar in open court, a rarity for a judge. Lennar estimated that its attorneys and investigators spent hundreds of millions of dollars exposing Minkow's lies.


Insider trading guilty plea

On March 16, 2011, Minkow announced through his attorney that he was pleading guilty to one count of
insider trading Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider informati ...
. According to his lawyer, Minkow had bought his Lennar options using "nonpublic information." The plea, which was separate from the civil suit, came a month after Minkow learned he was the subject of a criminal investigation. On the same day, Minkow resigned as senior pastor of Community Bible Church, saying in a letter to his congregants that since he was no longer "above reproach," he felt that he was "no longer qualified to be a pastor." Six weeks earlier, $50,000 in cash and checks had been stolen from the church during a
burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murd ...
. Though unsolved, it was noted as suspicious due to Minkow's admitted history of staging burglaries to collect insurance money.Reckard, E. Scott; Li, Shan
Barry Minkow to plead guilty to insider trading
''Los Angeles Times'', 2011-03-17.
The nature of the "nonpublic information" became clear a week later, when federal prosecutors in
Miami Miami ( ), officially the City of Miami, known as "the 305", "The Magic City", and "Gateway to the Americas", is a coastal metropolis and the county seat of Miami-Dade County in South Florida, United States. With a population of 442,241 at ...
filed a criminal information charging Minkow with one count of
conspiracy A conspiracy, also known as a plot, is a secret plan or agreement between persons (called conspirers or conspirators) for an unlawful or harmful purpose, such as murder or treason, especially with political motivation, while keeping their agr ...
to commit securities fraud. Prosecutors charged that Minkow and Marsch (listed as an unindicted co-conspirator in the complaint) conspired to extort money from Lennar by driving down its stock. The complaint also revealed that Minkow had sent his allegations to the SEC, the FBI, and the IRS, and that the three agencies found his claims credible enough to open a formal criminal investigation into Lennar's practices. Minkow then used confidential knowledge of that investigation to short Lennar stock, even though he knew he was barred from doing so. Minkow opted to plead guilty to the conspiracy charge rather than face charges of securities fraud and
market manipulation In economics and finance, market manipulation is a type of market abuse where there is a deliberate attempt to interfere with the free and fair operation of the market; the most blatant of cases involve creating false or misleading appearances ...
, which could have sent him to prison for life. On March 30, 2011, Minkow pleaded guilty before Judge
Patricia A. Seitz Patricia Ann Seitz (born 1946) is a senior United States district judge of the United States District Court for the Southern District of Florida. Education and career Seitz was born in Washington, D.C., in 1946. Her father is Lieutenant Gener ...
. His attorney, Alvin Entin, admitted that his client had acted recklessly, but had been "deluded and taken advantage of" by Marsch. He faced a maximum of five years in prison, as much as $350,000 in fines and penalties and $500 million in restitution. However, he agreed to cooperate with the government in its probe of Marsch.Lewis, Al
Lennar wins judgment against famed felon Barry Minkow
Dow Jones Newswires Dow Jones & Company, Inc. is an American publishing firm owned by News Corp and led by CEO Almar Latour. The company publishes ''The Wall Street Journal'', '' Barron's'', ''MarketWatch'', ''Mansion Global'', ''Financial News'' and ''Private ...
, 2011-06-17.
The ''Los Angeles Times'' obtained a copy of the plea agreement, in which Minkow admitted to issuing his FDI report on Lennar at Marsch's behest. According to the agreement, Marsch offered to have Minkow retract his report if Lennar paid him in cash and stock. It also said that Minkow's report triggered a
bear raid A bear raid is a type of stock market strategy, where a trader (or group of traders) attempts to force down the price of a stock to cover a short position. The name is derived from the common use of ''bear'' or ''bearish'' in the language of ma ...
which temporarily reduced the market capitalization of Lennar by $583 million. Minkow faced a minimum of thirty years in prison had the case gone to trial. On June 16, Freeman ordered Minkow to pay Lennar $584 million in
damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...
—roughly the amount the company lost as a result of the bear raid orchestrated by Minkow and Marsch. Her ruling stated that Minkow and Marsch had entered into a conspiracy to wreck Lennar's stock in November 2008. With
interest In finance and economics, interest is payment from a borrower or deposit-taking financial institution to a lender or depositor of an amount above repayment of the principal sum (that is, the amount borrowed), at a particular rate. It is distin ...
, the bill could easily approach a billion dollars—far more than Minkow stole in the ZZZZ Best scam. On July 6, it emerged that officials with Community Bible Church had accused Minkow of running the FDI with church funds, applying for credit cards in the names of church members and leading his flock into bad investments. Church officials had made the claims as part of a confidential pre-sentencing report. When Entin got word of the letter, he asked for and was granted two weeks to review the allegations and respond to them. This pushed Minkow's sentencing back to July 21. This was the second time Minkow's sentencing had been postponed; it was originally slated for June 16 but was postponed to July 6. In a pre-sentencing evaluation performed on May 10, 2011, Minkow was diagnosed by a Michael Brannon as having a
personality disorder Personality disorders (PD) are a class of mental disorders characterized by enduring maladaptive patterns of behavior, cognition, and inner experience, exhibited across many contexts and deviating from those accepted by the individual's cultu ...
with antisocial and
narcissistic Narcissism is a self-centered personality style characterized as having an excessive interest in one's physical appearance or image and an excessive preoccupation with one's own needs, often at the expense of others. Narcissism exists on a co ...
features,
attention deficit hyperactivity disorder Attention deficit hyperactivity disorder (ADHD) is a neurodevelopmental disorder characterised by excessive amounts of inattention, hyperactivity, and impulsivity that are pervasive, impairing in multiple contexts, and otherwise age-inap ...
,
anxiety disorder Anxiety disorders are a cluster of mental disorders characterized by significant and uncontrollable feelings of anxiety and fear such that a person's social, occupational, and personal function are significantly impaired. Anxiety may cause phy ...
,
opioid dependence Opioid use disorder (OUD) is a substance use disorder characterized by cravings for opioids, continued use despite physical and/or psychological deterioration, increased tolerance with use, and withdrawal symptoms after discontinuing opioids. Op ...
,
anabolic steroid Anabolic steroids, also known more properly as anabolic–androgenic steroids (AAS), are steroidal androgens that include natural androgens like testosterone as well as synthetic androgens that are structurally related and have similar effects ...
abuse, and
migraine Migraine (, ) is a common neurological disorder characterized by recurrent headaches. Typically, the associated headache affects one side of the head, is pulsating in nature, may be moderate to severe in intensity, and could last from a few hou ...
headaches. On July 21, Seitz sentenced Minkow to five years in prison. In imposing the sentence, she stated that Minkow had "no moral compass that says 'Stop.'" Seitz also ordered him to pay Lennar $583.5 million in restitution—an amount that had been imposed a month earlier in the civil case.Calbreath, Dean
Minkow sentenced to five years
San Diego Union-Tribune ''The San Diego Union-Tribune'' is a metropolitan daily newspaper published in San Diego, California, that has run since 1868. Its name derives from a 1992 merger between the two major daily newspapers at the time, ''The San Diego Union'' and ...
, 2011-07-22.
She also recommended that Minkow serve his sentence at Federal Prison Camp, Montgomery in Montgomery,
Alabama (We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,7 ...
. However, on September 20, he was ordered to begin his sentence at Federal Medical Center, Lexington in
Lexington Lexington may refer to: Places England * Laxton, Nottinghamshire, formerly Lexington Canada * Lexington, a district in Waterloo, Ontario United States * Lexington, Kentucky, the largest city with this name * Lexington, Massachusetts, the oldes ...
,
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
.


Church fraud guilty plea

On June 14, 2011;
KGTV KGTV (channel 10) is a television station in San Diego, California, United States, affiliated with ABC and owned by the E. W. Scripps Company. The station's studios are located on Air Way in the Riverview-Webster section of San Diego, and i ...
in San Diego interviewed several members of Minkow's former church, who said Minkow swindled them. One woman said Minkow asked her for $300,000, purportedly to help finance a movie about his redemption story. On January 22, 2014, Minkow pleaded guilty to one count each of conspiracy to commit bank fraud, wire fraud, mail fraud and to defraud the federal government. He admitted to embezzling over $3 million in donations to Community Bible Church from 2001 to 2011. He opened unauthorized bank accounts purportedly on the church's behalf, forged signatures on church checks, diverted money from legitimate church accounts for his personal use, and charged unauthorized personal expenses on church credit cards. He also concealed $890,000 of income and $250,000 in taxes from the IRS. Among his victims were a widower who gave $75,000 to fund a supposed hospital in
Sudan Sudan ( or ; ar, السودان, as-Sūdān, officially the Republic of the Sudan ( ar, جمهورية السودان, link=no, Jumhūriyyat as-Sūdān), is a country in Northeast Africa. It shares borders with the Central African Republic t ...
to honor his wife after she died of
cancer Cancer is a group of diseases involving abnormal cell growth with the potential to invade or spread to other parts of the body. These contrast with benign tumors, which do not spread. Possible signs and symptoms include a lump, abnormal b ...
, and a woman who gave Minkow $300,000 that would have otherwise gone to help raise her teenage granddaughter.Press release
announcing Minkow's sentencing
On April 28, 2014, Judge Michael Anello sentenced Minkow to five years in prison, the maximum possible sentence under his plea bargain. It is to be served after Minkow completes his sentence for securities fraud. While Minkow's attorneys asked for a sentence of forty-one months, Anello felt obligated to impose the maximum for what he called a "despicable, inexcusable crime." On June 2, Minkow reached an agreement with federal prosecutors that called for him to pay $3.4 million in restitution. This will potentially be a ruinous amount for Minkow, on top of the restitution he still owes Lennar, Union Bank and the ZZZZ Best victims. Earlier, he said that the $26 million restitution for the ZZZZ Best scam alone was large enough that he would be writing restitution checks to the victims for the rest of his life. As a result of his latest sentence, Minkow was released on June 6, 2019.


Film adaptation and docuseries

Prior to his 2011 conviction, production began on a film detailing Minkow's life and redemption. The film, featuring
Mark Hamill Mark Richard Hamill (; born September 25, 1951) is an American actor and writer. He is known for his role as Luke Skywalker in the '' Star Wars'' film series, beginning with the original 1977 film and subsequently winning three Saturn Awards ...
,
Justin Baldoni Justin Louis Baldoni (born January 24, 1984) is an American actor and filmmaker. He is best known for portraying Rafael Solano on The CW satirical romantic dramedy '' Jane the Virgin'' (2014–2019) as well as directing the films '' Five Feet ...
,
Talia Shire Talia Rose Shire (née Coppola; born April 25, 1946) is an American actress who played roles as Connie Corleone in ''The Godfather'' films and Adrian Balboa in the ''Rocky'' series. For her work in ''The Godfather Part II'' and ''Rocky'', Shire ...
and
Ving Rhames Irving Rameses Rhames (born May 12, 1959) is an American actor. He is best known for his supporting roles as IMF Agent Luther Stickell in the ''Mission: Impossible'' film series and gang kingpin Marsellus Wallace in ''Pulp Fiction''. He also a ...
, was partially funded by donations Minkow solicited from his congregation. Minkow insisted on playing the middle-aged version of himself in the film. Following his arrest, the film's release was cancelled and work began on a new ending. The film—retitled ''
Con Man A confidence trick is an attempt to defraud a person or group after first gaining their trust. Confidence tricks exploit victims using their credulity, naïveté, compassion, vanity, confidence, irresponsibility, and greed. Researchers have def ...
'' from the original title ''Minkow''—was eventually released in March 2018. In January 2022, a three-part
Discovery+ Discovery may refer to: * Discovery (observation), observing or finding something unknown * Discovery (fiction), a character's learning something unknown * Discovery (law), a process in courts of law relating to evidence Discovery, The Discove ...
docuseries, called ''King of the Con'', was released. The series explored how Minkow could reinvent himself and get rich several different times. The miniseries was produced by The Content Group, with Pamela Deutsch serving as executive producer for Discovery+, and has Minkow himself recounting his past, his crimes and the process of reinventing himself.


References


Further reading

*Minkow, Barry, ''Clean Sweep:The Inside Story of the Zzzz Best Scam... One of Wall Street's Biggest Frauds'',
Minkow biography
at Fraud Discovery Institute web site (Archived: site closed)
60 Minutes segment on Minkow
August 27, 2006


External links


Inmate information
from United States Bureau of Prisons
Fraud Discovery Institute
website (archived) * https://nypost.com/2013/09/25/ponzi-schemer-barry-minkow-facing-third-strike/
Fortune Magazine: Barry Minkow: All-American con man
{{DEFAULTSORT:Minkow, Barry 20th-century American Jews 1967 births Living people People from Inglewood, California 20th-century Protestant religious leaders 21st-century Protestant religious leaders Businesspeople from Los Angeles People from San Diego Fox News people Liberty University alumni American male criminals Accounting scandals American money launderers Pyramid and Ponzi schemes American people convicted of fraud Criminals from Los Angeles American businesspeople convicted of crimes American confidence tricksters People with personality disorders People with attention deficit hyperactivity disorder People from Reseda, Los Angeles People convicted of money laundering 21st-century American Jews