Marc Dreier
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Marc Stuart Dreier (born May 12, 1950) is an American former
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicit ...
who was sentenced to 20 years in
federal prison A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for convicts who violated federal law (U.S., Mexico), inmates considered dangerous (Brazil), or those s ...
in 2009 for committing
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 ...
using a
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 ...
. He is scheduled to be released from FCI Sandstone on October 26, 2026. On May 11, 2009, he pleaded guilty in the
United States District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New ...
to eight charges of fraud, which included one count of conspiracy to commit
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 ...
and
wire 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 ...
, one count of
money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdicti ...
, one count of securities fraud, and five counts of wire fraud in a scheme to sell more than $950 million in fictitious
promissory note A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financing instrument and a debt instrument), in which one party (the ''maker'' or ''issuer'') promises in writing to pay a determinate sum of ...
s. Civil charges, filed in December 2008 by the U.S. Securities and Exchange Commission, are pending. The 2011 documentary '' Unraveled'' states that "Drier stole over $740 million from 4 clients, 4 individuals, and 13
hedge funds A hedge fund is a pooled investment fund that trades in relatively liquid assets and is able to make extensive use of more complex trading, portfolio-construction, and risk management techniques in an attempt to improve performance, such as ...
". He is the sole
equity partner A partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments o ...
of the dissolved
law firm A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to ...
Dreier, LLP. After Dreier was suspended from the New York Bar on December 23, 2008, the
New York Supreme Court The Supreme Court of the State of New York is the trial-level court of general jurisdiction in the New York State Unified Court System. (Its Appellate Division is also the highest intermediate appellate court.) It is vested with unlimited civ ...
formally
disbarred Disbarment, also known as striking off, is the removal of a lawyer from a bar association or the practice of law, thus revoking their law license or admission to practice law. Disbarment is usually a punishment for unethical or criminal conduc ...
him on October 8, 2009, effective ''
nunc pro tunc ''Nunc pro tunc'' (English translation: "now for then") is a Latin expression legal term originating in Great Britain, now in common use in other countries. In general, a ruling ''nunc pro tunc'' applies retroactively to correct an earlier ruling ...
'' to May 11, 2009. He had been admitted on May 5, 1976.


Early life, education, and career milestones

Marc Dreier grew up on the south shore of
Long Island Long Island is a densely populated island in the southeastern region of the U.S. state of New York, part of the New York metropolitan area. With over 8 million people, Long Island is the most populous island in the United States and the 18 ...
in an affluent area known as the Five Towns. His father, a Jewish war refugee from
Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populou ...
, owned a chain of movie theaters. Dreier presided over the Lawrence High School student council, and graduated "most likely to succeed". He graduated from
Yale University Yale University is a private research university in New Haven, Connecticut. Established in 1701 as the Collegiate School, it is the third-oldest institution of higher education in the United States and among the most prestigious in the w ...
in 1972 with a
Bachelor of Arts Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four yea ...
and earned a
Juris Doctor The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice l ...
from
Harvard Law School Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States. Each c ...
in 1975. He began his career as a "shining star" in the late 1970s at
Rosenman & Colin Rosenman & Colin LLP was a New York City-based law firm that practiced from 1912 to 2002, at which point the firm merged with Chicago-based Katten Muchin Zavis to form Katten Muchin Rosenman. The firm previously practiced under the name Rosenman, ...
, Freund, Lewis & Cohen, then a 90-lawyer litigation firm, and was well regarded. "He was a very smart, hard-working guy....Funny, personable – part of the social mix", but what most distinguished him was his ability to think on his feet. "He's very quick. Very smart." In the early 1980s, Dreier was named a partner at Rosenman. In 1987, he married a Rosenman associate named Elisa Peters. He and his wife separated in 2000, around the time that Dreier broke with a partner and started his own firm. His wife filed for divorce in January 2002. Dreier has since stated that only he was to blame, saying, "I wasn’t attentive enough to my family." In 1989, he joined the New York office of
Fulbright & Jaworski Fulbright & Jaworski L.L.P. (now Norton Rose Fulbright US LLP), was founded in Houston, TX in 1919 by R.C. Fulbright. On June 3, 2013, the firm became part of the global law firm Norton Rose Fulbright, a Swiss verein. Norton Rose Fulbright US ...
. Dreier would become co-head of litigation in New York, but when Dreier left Fulbright in March 1995, there were only ten New York litigators. He then worked for Duker & Barrett for less than two years. Its founding partner, William Duker, would later plead guilty to four counts of fraud called "one of the most serious cases of legal fraud" ever prosecuted. In 1996, he teamed with a Florida lawyer named Neil Baritz, who had a small corporate and securities practice, to found a firm called Dreier & Baritz. Though he was able to found the firm, a precursor to Dreier LLP, he struggled to distinguish his practice. From 1999 to 2002, Dreier, Baritz, & Federman was formed with offices in New York and
Boca Raton Boca Raton ( ; es, Boca Ratón, link=no, ) is a city in Palm Beach County, Florida, United States. It was first incorporated on August 2, 1924, as "Bocaratone," and then incorporated as "Boca Raton" in 1925. The population was 97,422 in the ...
with most associates in Oklahoma. Dreier ran the new firm's already leased Park Avenue office. He favored
plaintiff A plaintiff ( Π in legal shorthand) is the party who initiates a lawsuit (also known as an ''action'') before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of t ...
class-action A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group. The class action ...
lawsuits, which brought in large revenue. Federman had problems with Dreier's spending,
managerial style Management consists of the planning, prioritizing, and organizing work efforts to accomplish objectives within a business organization. A management style is the particular way managers go about accomplishing these objectives. It encompasses the w ...
, and secrecy, which culminated in a lawsuit. Dreier, pushing to impress, acquired expensive trappings, buying a house in Westhampton. He bought first a place in Quogue, then the house next door. He purchased the $18 million
yacht A yacht is a sailing or power vessel used for pleasure, cruising, or racing. There is no standard definition, though the term generally applies to vessels with a cabin intended for overnight use. To be termed a , as opposed to a , such a pleasu ...
''Seascape'', which included a crew of 10 and a
Jacuzzi Jacuzzi Brands LLC (; ), through its subsidiaries, is a global manufacturer and distributor of branded baths, hot tubs, pools, saunas and, formerly, aircraft. Founded in 1915 by the Italian family of the same name, Jacuzzi is a federally regist ...
, and docked it in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
and St. Martin. Dreier owned a waterfront home in
the Hamptons The Hamptons, part of the East End of Long Island, consist of the towns of Southampton and East Hampton, which together comprise the South Fork of Long Island, in Suffolk County, New York. The Hamptons are a popular seaside resort and one o ...
, a Manhattan triplex, and a penthouse on Ocean Avenue in
Santa Monica, California Santa Monica (; Spanish: ''Santa Mónica'') is a city in Los Angeles County, situated along Santa Monica Bay on California's South Coast. Santa Monica's 2020 U.S. Census population was 93,076. Santa Monica is a popular resort town, owing to ...
, which he leased out. He drove a Mercedes 500 in New York and an
Aston Martin Aston Martin Lagonda Global Holdings PLC is an English manufacturer of luxury sports cars and grand tourers. Its predecessor was founded in 1913 by Lionel Martin and Robert Bamford. Steered from 1947 by David Brown, it became associated wi ...
in California. He was a member of the
Harmonie Club The Harmonie Club is a private social club in New York City. Founded in 1852, the club is the second oldest social club in New York. It is located at 4 East 60th Street, in a building designed by Stanford White. History Originally named the ...
and maintained a high profile at charity events.


Dreier LLP

In 2006, Dreier founded his own firm with offices in five cities, promising lavish compensation. The headquarters at 499
Park Avenue Park Avenue is a wide New York City boulevard which carries north and southbound traffic in the boroughs of Manhattan and the Bronx. For most of the road's length in Manhattan, it runs parallel to Madison Avenue to the west and Lexington Av ...
had $30 million to $40 million worth of art, including works by
Picasso Pablo Ruiz Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, ceramicist and Scenic design, theatre designer who spent most of his adult life in France. One of the most influential artists of the 20th ce ...
and a
Warhol Andy Warhol (; born Andrew Warhola Jr.; August 6, 1928 – February 22, 1987) was an American visual artist, film director, and producer who was a leading figure in the visual art movement known as pop art. His works explore the relationsh ...
depiction of
Jacqueline Kennedy Onassis Jacqueline Lee Kennedy Onassis ( ; July 28, 1929 – May 19, 1994) was an American socialite, writer, photographer, and book editor who served as first lady of the United States from 1961 to 1963, as the wife of President John F. Kennedy. A p ...
. Dreier operated like a corporation and not like a partnership. Marc Dreier was the sole
equity partner A partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments o ...
owner, controlled all of the firm's finances, and handled all administrative functions. There was no executive committee and no partners meetings. All deals were structured so that only he knew all the specifics and had access to all accounts. Dreier convinced lawyers that such an arrangement was best by emphasizing that it would allow them to concentrate on law while he worried about running the firm. He hired lawyers on three-year contracts, fixing their salaries and paying bonuses based on the fees each lawyer brought in. According to court filings, some lawyers received more than $50,000 in salary every two weeks. In 2007, Dreier expanded to Los Angeles and brought in Hollywood superstar lawyer Stanton "Larry" Stein, whose clients included
Mary-Kate and Ashley Olsen Mary-Kate Olsen and Ashley Fuller Olsen (born June 13, 1986), also known as the Olsen twins as a duo, are American fashion designers and former actresses. The twins made their acting debut as infants playing Michelle Tanner on the television s ...
and
Hilary Duff Hilary Erhard Duff (born September 28, 1987) is an American actress and singer. She is the recipient of various accolades, including seven Nickelodeon Kids' Choice Awards, four Teen Choice Awards and two Young Artist Awards. She began her acti ...
. The expansion boosted Dreier LLP's revenue from $60 million in 2006 to $90 million in 2007. Despite the burgeoning volume of business, the office actually operated at a net loss of approximately one million dollars a month. On January 27, 2009, Paul S. Anik, a partner at Dreier Stein Kahan Browne Woods George, LLP died from a sudden stress-related heart attack at 54. On September 28, 2008, ''New York Magazine'' stated that 20 attorneys of the firm and its affiliates were selected for inclusion in "New York Super Lawyers, 2008 Edition" by ''Law & Politics'', the legal publisher and independent researcher of multiple nationwide surveys. In 2007, 16 attorneys were named. Dreier's two children were on his payroll, and he spent $10 million of the firm's money at New York's
Gagosian Gallery Gagosian is a contemporary art gallery owned and directed by Larry Gagosian. The gallery exhibits some of the most influential artists of the 20th and 21st centuries. There are 16 gallery spaces: five in New York City; three in London; two in P ...
in 2008. In March 2009, the law firm
Fox Rothschild Fox Rothschild LLP is an American AmLaw100 law firm founded in Philadelphia in 1907 by Edwin Fox and Jerome J. Rothschild. History From 2005 to 2010, the firm expanded from 10 offices to 15 offices, then to 27 offices in 2018. On January 1, 2016 ...
acquired Pastore Osterberg, a firm in
Stamford, Connecticut Stamford () is a city in the U.S. state of Connecticut, outside of Manhattan. It is Connecticut's second-most populous city, behind Bridgeport. With a population of 135,470, Stamford passed Hartford and New Haven in population as of the 202 ...
that was founded by Dreier attorneys in late 2008. Joe Pastore and Eric Osterberg joined along with seven other Dreier attorneys. The practice focused on litigation, telecommunications, technology, securities, and intellectual property.


Traub Bonacquist & Fox

In September 2006, Dreier acquired a well-known bankruptcy law firm Traub, Bonacquist & Fox. Founding member and managing partner
Paul Traub Paul R. Traub (born January 31, 1952) is an American attorney who specializes in business law, specifically bankruptcy, insolvency, and trial litigation. He has participated in several large retail bankruptcies, including Kmart, FAO Schwarz, KB T ...
participated in several of the largest retail bankruptcies in previous years, including
Kmart Kmart Corporation ( , doing business as Kmart and stylized as kmart) is an American retail company that owns a chain of big box department stores. The company is headquartered in Hoffman Estates, Illinois, United States. The company was inc ...
,
FAO Schwarz FAO Schwarz is an American toy brand and store. The company is known for its high-end toys, life-sized stuffed animals, interactive experiences, brand integrations, and games. FAO Schwarz claims to be the oldest toy store in the United States ...
Inc.,
KB Toys K·B Toys (also known as Kay Bee Toys) was an American chain of mall-based retail toy stores. The company was founded in 1922 as Kaufman Brothers, a wholesale candy store. The company opened a wholesale toy store in 1946, and ended its candy wh ...
Inc., Stage Stores,
Office Max OfficeMax is an American office supplies retailer founded in 1988. It is now a subsidiary of The ODP Corporation, which is headquartered in Boca Raton, Florida. As of December 2012, OfficeMax operated 941 stores in 47 states, Puerto Rico, the U.S ...
, and eToys.com. During his legal career, Traub has had his own ethical controversies, especially
conflict of interest A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations i ...
issues which continue to shadow him. Traub became a Dreier partner, earning in the range of $1 million or more, and was co-chair, with Norman Kinel, of the bankruptcy practice. On December 5, 2008, Traub sent a letter to clients announcing that he and other bankruptcy lawyers had resigned from the firm, but would continue to practice together as their former partnership, Traub, Bonacquist & Fox LLP. "In light of recent developments, of which we were unaware until yesterday, we have resigned from Dreier LLP, effective immediately", the letter states. In February 2009, Epstein, Becker & Green, a firm specializing in government contracts, brought the seven-member Traub/Dreier bankruptcy team into their New York office, which included Paul Traub, Steven E. Fox, Wendy G. Marcari, and Maura I. Russell. Associates included Brett J. Nizzo, Anthony B. Stumbo, and Bradford Tobin. The firm has 400 attorneys based in eleven US cities. , Harold F. Bonacquist, a passive partner, is a political attaché at the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
Consulate A consulate is the office of a consul. A type of diplomatic mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth co ...
in
Istanbul ) , postal_code_type = Postal code , postal_code = 34000 to 34990 , area_code = +90 212 (European side) +90 216 (Asian side) , registration_plate = 34 , blank_name_sec2 = GeoTLD , blank_i ...
,
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a transcontinental country located mainly on the Anatolian Peninsula in Western Asia, with a small portion on the Balkan Peninsula ...
.


Sheldon Solow

From 1998 to 2006, Dreier handled much litigation for
Sheldon Solow Sheldon Henry Solow (July 20, 1928November 17, 2020) was an American real estate developer and art collector who lived and worked in New York City. In August 2020, he had a net worth of $4.4 billion. Early life Solow was born and raised in ...
, a billionaire real estate dealmaker. The most recent case was the unsuccessful eviction of
Bank of America The Bank of America Corporation (often abbreviated BofA or BoA) is an American multinational investment bank and financial services holding company headquartered at the Bank of America Corporate Center in Charlotte, North Carolina. The bank ...
Securities LLC from his flagship Manhattan building, 9 West 57th St., on the dubious grounds that one of the bank's brokers had been accused of illegal trading. In 2000, Solow decided to litigate for ownership of a $10 million oceanfront house in East Hampton. Peter Morton, co-founder of the
Hard Rock Cafe Hard Rock Cafe, Inc. is a British-based multinational chain of theme restaurants, memorabilia shops, casinos and museums founded in 1971 by Isaac Tigrett and Peter Morton in London. In 1979, the cafe began covering its walls with rock and r ...
restaurant chain, had signed a contract to purchase the home from Dr. Gary Feldstein. Solow tried to break their contract and buy the place himself. Years of litigation ensued. Dreier filed suits in state courts in Manhattan and Suffolk County, in federal court in both the Eastern and Southern Districts of New York, in bankruptcy court in Florida, and in several corresponding appellate courts. "He had a certain glibness, this certainty that he could get away with that which other lawyers couldn't", says Feldstein's lawyer, Kevin Smith, whom Dreier named as a defendant in one of the suits. "He was like Gatsby without the charm." In 2003, the
United States Court of Appeals for the Second Circuit The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate ju ...
, citing their "extensive history of persistent, repetitive, and
vexatious litigation Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which ...
", ordered Solow and Dreier to pay double costs to Morton and Feldstein. The litigation cost Solow an estimated $6 million in legal fees, much of it going to Dreier. In February 2004, advertisements labeled "legal notices" ran in ''
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 ...
'' and the ''
New York Post The ''New York Post'' (''NY Post'') is a conservative daily tabloid newspaper published in New York City. The ''Post'' also operates NYPost.com, the celebrity gossip site PageSix.com, and the entertainment site Decider.com. It was established ...
''. The bogus ads, a costly embarrassment, informed "all unsecured creditors" in developer Peter Kalikow's 1994 Chapter 11 reorganization that they "might have additional rights of recovery" because of Kalikow's failure "to make truthful disclosure". More than 50 calls and 18 faxes came in to the Evergence Capital Advisors, Inc., by creditors. Evergence was a defunct Florida corporation run by Kosta Kovachev, a Belgrade-born, one-time
Morgan Stanley Morgan Stanley is an American multinational investment management and financial services company headquartered at 1585 Broadway in Midtown Manhattan, New York City. With offices in more than 41 countries and more than 75,000 employees, the fir ...
broker facing SEC charges for his participation in a $20 million
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 ...
, for which he ultimately paid the SEC $358,148 in penalties and interest. The Evergence phone and fax numbers went directly to telephone lines at 499 Park Ave. – the offices of Dreier, LLP. It was Dreier who had purchased the newspaper ads, using Evergence and Kovachev as a front. After Manhattan federal bankruptcy court Judge Burton Lifland, who oversaw Kalikow's bankruptcy and presided in the
Madoff Investment Scandal The Madoff investment scandal was a major case of stock and securities fraud discovered in late 2008. In December of that year, Bernie Madoff, the former NASDAQ chairman and founder of the Wall Street firm Bernard L. Madoff Investment Securities ...
bankruptcy, ordered Dreier to disclose his client's identity, it became clear that Solow had hired Dreier to place the ads. Lifland ordered Dreier and Solow to pay about $300,000 in sanctions to Kalikow. In November 2008, Dreier claimed that Solow was looking to raise $500 million by selling short-term, high-interest notes, which were supported by an audit report that Dreier had forged. The report had been used to try to dupe a
hedge fund A hedge fund is a pooled investment fund that trades in relatively liquid assets and is able to make extensive use of more complex trading, portfolio-construction, and risk management techniques in an attempt to improve performance, such as ...
, Whippoorwill Associates, into buying bogus Solow Realty promissory notes. On October 15, fund managers, who had bought $115 million of the notes in 2006 or 2007, demanded a meeting at Solow's offices when they weren't repaid on schedule. Dreier arranged it, with Kovachev posing as Solow's CEO. In October 2008, Dreier sent a Connecticut hedge fund's managing director documents that he said were Solow's audited financial statements, and the fund bought a forged $25 million note for $13.5 million. Dreier sent a New York hedge fund the same documents he'd given the Connecticut fund, but portfolio managers wanted more information. Dreier forwarded four e-mails that purported to be from other funds that had purchased Solow notes, as well as a Dreier LLP opinion letter vouching for the notes. A portfolio manager subsequently asked to speak directly to someone at Solow Realty. Dreier scheduled a conference call for October 23, and provided a telephone number located in the conference room at Dreier LLP's offices in
Stamford, Connecticut Stamford () is a city in the U.S. state of Connecticut, outside of Manhattan. It is Connecticut's second-most populous city, behind Bridgeport. With a population of 135,470, Stamford passed Hartford and New Haven in population as of the 202 ...
. Kovachev got on the phone and, pretending to be Solow CEO Steven Cherniak, answered questions about the notes and Solow's finances. The next day the hedge fund bought about $100 million in notes. Both the Connecticut and New York funds were dubious and brought their doubts to Solow Realty and its audit firm. In November, one hedge fund manager told Dreier that he'd called Solow Realty and copied him on an e-mail to Solow about the notes. Solow's attorneys subsequently contacted federal authorities, that Dreier might be engaged in financial fraud.


Client list

More than 200 creditors have filed a total of more than $450 million in claims. Eton Park Capital Management seeks over $84 million and Fortress Credit Opportunities,https://blogs.wsj.com/deals/2008/10/23/fortress-raises-3-billion-to-invest-in-credit-opportunities/ Initial Fundraising Notice ''The Wall Street Journal'' Deal Journal, October 23, 2008. Retrieved May 5, 2009 part of
Fortress Investment Group Fortress Investment Group is an American investment management firm based in New York City. Fortress was founded as a private equity firm in 1998 by Wes Edens, Rob Kauffman, and Randal Nardone. When Fortress launched on the NYSE in February 200 ...
, has filed a $61.9 million unsecured claim. Ex-law partner Bruce F. Bronster is seeking $767,000 and entertainment attorney Lisa Bonner is claiming $448,365. More than 800 pages of clients were named as "creditors holding unsecured non-priority claims" and were filed in a New York court. Some of these clients include
Bill Cosby William Henry Cosby Jr. ( ; born July 12, 1937) is an American stand-up comedian, actor, and media personality. He made significant contributions to American and African-American culture, and is well known in the United States for his eccentric ...
,
Tim Burton Timothy Walter Burton (born August 25, 1958) is an American filmmaker and animator. He is known for his gothic fantasy and horror films such as '' Beetlejuice'' (1988), '' Edward Scissorhands'' (1990), '' The Nightmare Before Christmas'' (1993 ...
,
Justin Timberlake Justin Randall Timberlake (born January 31, 1981) is an American singer, songwriter, and actor. He is one of the world's best-selling music artists, with sales of over 88 million records. Timberlake is the recipient of numerous awards and ac ...
, the music groups the
Virgins Virginity is the state of a person who has never engaged in sexual intercourse. The term ''virgin'' originally only referred to sexually inexperienced women, but has evolved to encompass a range of definitions, as found in traditional, modern ...
, the
Dead Trees ''Dead Trees'' is the fifth studio album by post-hardcore band From First to Last, released April 23, 2015, via Sumerian Records. It is the first and only release to feature vocalist Spencer Sotelo (singer of progressive metal band Periphery), Ta ...
and the Black Angels, production company Monkey Dog Music,
Harry Connick, Jr. Joseph Harry Fowler Connick Jr. (born September 11, 1967) is an American singer, pianist, composer, actor, and television host. He has sold over 28million albums worldwide. Connick is ranked among the top60 List of best-selling music artists i ...
,
Elvis Costello Declan Patrick MacManus OBE (born 25 August 1954), known professionally as Elvis Costello, is an English singer-songwriter and record producer. He has won multiple awards in his career, including a Grammy Award in 2020, and has twice been nom ...
,
Jon Bon Jovi John Francis Bongiovi Jr. (born March 2, 1962), known professionally as Jon Bon Jovi, is an American singer, songwriter, guitarist, and actor. He is best known as the founder and frontman of the rock band Bon Jovi, which was formed in 1983. He ...
,
Diana Krall Diana Jean Krall (born November 16, 1964) is a Canadian jazz pianist and singer known for her contralto vocals. She has sold more than 15 million albums worldwide, including over six million in the US. On December 11, 2009, ''Billboard'' maga ...
,
50 Cent Curtis James Jackson III (born July 6, 1975), known professionally as 50 Cent, is an American rapper, actor, and businessman. Born in the South Jamaica neighborhood of Queens, Jackson began pursuing a musical career in 2000, when he produced ...
, Echo & the Bunnymen and companies representing
the Doors The Doors were an American rock band formed in Los Angeles in 1965, with vocalist Jim Morrison, keyboardist Ray Manzarek, guitarist Robby Krieger, and drummer John Densmore. They were among the most controversial and influential rock acts ...
,
the B-52's The B-52's, also styled as The B-52s, are an American new wave band formed in Athens, Georgia, in 1976. The original lineup consisted of Fred Schneider (vocals, percussion), Kate Pierson (vocals, keyboards, synth bass), Cindy Wilson (vocals, ...
, and the
Ramones The Ramones were an American punk rock band that formed in the New York City neighborhood of Forest Hills, Queens, in 1974. They are often cited as the first true punk rock group. Despite achieving a limited commercial appeal in the United St ...
. Sports figures include baseball players
Andy Pettitte Andrew Eugene Pettitte (; born June 15, 1972) is an American former professional baseball pitcher who played 18 seasons in Major League Baseball (MLB), primarily for the New York Yankees. He also pitched for the Houston Astros. Pettitte won fiv ...
and
Sammy Sosa Samuel Peralta Sosa (born November 12, 1968) is a Dominican-American former professional baseball right fielder. He played in Major League Baseball (MLB) for 19 seasons, primarily with the Chicago Cubs. After playing for the Texas Rangers and C ...
, tennis star
Maria Sharapova Maria Yuryevna Sharapova ( , ; rus, Мари́я Ю́рьевна Шара́пова, p=mɐˈrʲijə ʂɐˈrapəvə, a=Maria_sharapova.ogg; born 19 April 1987) is a Russian former world No. 1 tennis player. She competed on the WTA Tour from 2 ...
, and hockey player
Kevin Weekes Kevin Weekes (born April 4, 1975) is a Canadian former professional ice hockey goaltender who played 348 games in the National Hockey League (NHL). He is now a studio analyst for NHL Networks' ''On the Fly'', '' NHL Tonight'', and ESPN's The Po ...
. Sports teams
Manchester United F.C. Manchester United Football Club, commonly referred to as Man United (often stylised as Man Utd), or simply United, is a professional football club based in Old Trafford, Greater Manchester, England. The club competes in the Premier League, ...
, the
New York Mets The New York Mets are an American professional baseball team based in the New York City borough of Queens. The Mets compete in Major League Baseball (MLB) as a member of the National League (NL) East division. They are one of two major lea ...
, and the
Major League Baseball Players Association The Major League Baseball Players Association (or MLBPA) is the union representing all current Major League Baseball players. All players, managers, coaches, and athletic trainers who hold or have held a signed contract with a Major League cl ...
were also among the clients. In March 2008, Dreier sued client Judith Regan, claiming she owed the firm fees in connection with her $100 million
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 ...
and
breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other part ...
suit against her former employer, News Corp.'s
HarperCollins HarperCollins Publishers LLC is one of the Big Five English-language publishing companies, alongside Penguin Random House, Simon & Schuster, Hachette, and Macmillan. The company is headquartered in New York City and is a subsidiary of News C ...
Publishers LLC. On December 9, 2008, Regan claimed Dreier tried to extort a settlement from her and improperly disclosed her $10.75 million settlement with HarperCollins.


Criminal fraud case


Sentence and guilty plea

On July 13, 2009, Dreier was sentenced to 20 years and ordered to begin his term immediately. Judge Jed S. Rakoff rejected the prosecutors' request of a maximum responding, "he is not Mr. (Bernard) Madoff from any analysis, and that's why I can't understand why the government is asking for 145 years". Dreier addressed the court, his family, his clients, and the lawyers who worked for him: "I'm sorry, deeply sorry, for the harm and the sadness that I have caused to so many people." The U.S.
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 ...
Department had recommended a sentence of 25 years. In a letter to the court, Dreier wrote: "I recall only that I was desperate for some measure of the success that I felt had eluded me. I lost my perspective and my moral grounding, and really, in a sense, I just lost my mind." At his plea hearing on May 11, 2009, Dreier read a statement, "I engineered a scheme to issue and sell fictitious promissory notes purportedly issued by companies in the United States and Canada", and subsequently pleaded guilty of swindling $380M
USD The United States dollar (symbol: $; code: USD; also abbreviated US$ or U.S. Dollar, to distinguish it from other dollar-denominated currencies; referred to as the dollar, U.S. dollar, American dollar, or colloquially buck) is the official ...
from various
hedge fund A hedge fund is a pooled investment fund that trades in relatively liquid assets and is able to make extensive use of more complex trading, portfolio-construction, and risk management techniques in an attempt to improve performance, such as ...
s by selling worthless financial instruments without any plea agreement with the government. The
United States 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 marke ...
has also filed a separate
civil suit - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
against him for stealing funds from an
escrow An escrow is a contractual arrangement in which a third party (the stakeholder or escrow agent) receives and disburses money or property for the primary transacting parties, with the disbursement dependent on conditions agreed to by the transacti ...
account belonging to one of the firm's
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
clients. An amended indictment on March 17, 2009, added an eighth count of
money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdicti ...
to the charges and $700 million in forfeitures. From 2004 to December 2008, Dreier "sold to funds and others approximately $700 million worth of Fake Developer Notes and Fake Pension Plan Notes". The case number is: S1 09Cr085. The eight-count
indictment 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 ...
states his deception began in 2004, that Dreier gave the purchasers of his notes false
financial Finance is the study and discipline of money, currency and capital assets. It is related to, but not synonymous with economics, the study of production, distribution, and consumption of money, assets, goods and services (the discipline of f ...
statements, arranged meetings for
investor An investor is a person who allocates financial capital with the expectation of a future return (profit) or to gain an advantage (interest). Through this allocated capital most of the time the investor purchases some species of property. Type ...
s with people who impersonated officials from purported issuers of the
notes Note, notes, or NOTE may refer to: Music and entertainment * Musical note, a pitched sound (or a symbol for a sound) in music * ''Notes'' (album), a 1987 album by Paul Bley and Paul Motian * ''Notes'', a common (yet unofficial) shortened versio ...
, sold fake
promissory note A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financing instrument and a debt instrument), in which one party (the ''maker'' or ''issuer'') promises in writing to pay a determinate sum of ...
s purportedly issued by a Canadian
pension plan A pension (, from Latin ''pensiō'', "payment") is a fund into which a sum of money is added during an employee's employment years and from which payments are drawn to support the person's retirement from work in the form of periodic payment ...
, and embezzled more than $400 million from his client
escrow account An escrow is a contractual arrangement in which a third party (the stakeholder or escrow agent) receives and disburses money or property for the primary transacting parties, with the disbursement dependent on conditions agreed to by the transacti ...
. Dreier may also be facing
criminal charges A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can ...
in
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by to ...
for impersonating an in-house lawyer at the
Ontario Teachers' Pension Plan The Ontario Teachers' Pension Plan Board (french: Régime de retraite des enseignantes et des enseignants de l'Ontario) is an independent organization responsible for administering defined-benefit pensions for school teachers of the Canadian pr ...
in connection with an attempted sale of financial instruments worth US$44.7 million, for which he was arrested. He was released on
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...
, only to be arrested again by U.S. authorities upon returning to New York.


Free on bail

At his plea hearing on May 11, 2009, Judge Rakoff said, "He has disgraced the honorable profession of law... There are 100 good reasons why Mr. Dreier should be jailed. By his own admission here today, he has shown that he is to be ranked with those who have committed some of the most egregious frauds in history." Ultimately, the judge ruled that Dreier remain free on bail pending his sentencing hearing on July 13, 2009. Dreier had been initially released on bail on February 13, 2009. On February 5, 2009 U.S. District Judge Jed Rakoff in
Manhattan Manhattan (), known regionally as the City, is the most densely populated and geographically smallest of the five boroughs of New York City. The borough is also coextensive with New York County, one of the original counties of the U.S. state ...
had written in a brief that a total of 10 conditions set for the release Marc Dreier "will be sufficient to reasonably assure the defendant's appearance in court as required". He issued a formal
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countrie ...
order on February 9, 2009, that Dreier be freed on $10 million
bond Bond or bonds may refer to: Common meanings * Bond (finance), a type of debt security * Bail bond, a commercial third-party guarantor of surety bonds in the United States * Chemical bond, the attraction of atoms, ions or molecules to form chemical ...
, under 24-hour
house arrest In justice and law, house arrest (also called home confinement, home detention, or, in modern times, electronic monitoring) is a measure by which a person is confined by the authorities to their residence. Travel is usually restricted, if al ...
with armed guards and
electronic monitoring Electronic tagging is a form of surveillance that uses an electronic device affixed to a person. In some jurisdictions, an electronic tag fitted above the ankle is used for people as part of their bail or probation conditions. It is also used i ...
. Judge Rakoff noted
prosecutor A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tria ...
s had demonstrated, for the limited purposes of bail, that Dreier "is not only a master of deceit and a doyen of dishonesty, but the kind of person who, under stress, may resort to desperate measures" and his motive to flee was "palpable". The bail package proposed by Dreier's lawyers "goes far to minimize this risk". The bond would be co-signed by his son and mother, holding them responsible if Dreier were to flee. He also ordered that all means of communication, other than a land-line telephone needed for electronic monitoring, be removed from Dreier's apartment and that no visitors would be allowed without approval from the government. In a letter to the
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judic ...
judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
opposing bail, assistant U.S. Attorney Jonathan R. Streeter had said, Dreier is "exceptionally deceptive, brazen, creative and resourceful in achieving his criminal goals". On January 22, 2009, U.S. Magistrate Judge Douglas Eaton had modified his earlier ruling and set bond at $20 million, requiring Dreier to secure bail with $10 million in cash or property and include at least four co-signers, who would be required to pay the money if Dreier fled. Dreier also would have to submit to electronic monitoring and see a psychiatrist twice a week. He had asked to be freed on a $10 million bond and be subject to electronic monitoring. He said his mother and his 19-year-old son, Spencer, would co-sign the bond. Dreier was subsequently placed under house arrest and one of the court-appointed security guards monitoring him was a retired F.B.I. agent. Eaton told Shargel, "These are really extraordinary facts. His behavior was reckless, clever, improvising. Frankly, it suggests a mental disorder".


Kosta S. Kovachev

Kosta S. Kovachev was the son of two doctors who emigrated from
Serbia Serbia (, ; Serbian: , , ), officially the Republic of Serbia ( Serbian: , , ), is a landlocked country in Southeastern and Central Europe, situated at the crossroads of the Pannonian Basin and the Balkans. It shares land borders with Hu ...
in 1964 and set up practices in
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
. He was born in
Belgrade Belgrade ( , ;, ; names in other languages) is the capital and largest city in Serbia. It is located at the confluence of the Sava and Danube rivers and the crossroads of the Pannonian Plain and the Balkan Peninsula. Nearly 1,166,763 mi ...
, was educated at
Columbia University Columbia University (also known as Columbia, and officially as Columbia University in the City of New York) is a private research university in New York City. Established in 1754 as King's College on the grounds of Trinity Church in Manhatt ...
and
Harvard Business School Harvard Business School (HBS) is the graduate business school of Harvard University, a private research university in Boston, Massachusetts. It is consistently ranked among the top business schools in the world and offers a large full-time MBA ...
, and joined
Morgan Stanley Morgan Stanley is an American multinational investment management and financial services company headquartered at 1585 Broadway in Midtown Manhattan, New York City. With offices in more than 41 countries and more than 75,000 employees, the fir ...
in 1987. He left there after five years for a succession of smaller, obscure firms, then voluntarily gave up his broker's license in 2002. In 2006, he lost his broker's license from the
National Association of Securities Dealers The Financial Industry Regulatory Authority (FINRA) is a private American corporation that acts as a self-regulatory organization (SRO) that regulates member brokerage firms and exchange markets. FINRA is the successor to the National Associat ...
after being implicated in a $28 million Ponzi scheme. He refused to cooperate with investigators, and eventually paid more than $350,000 penalties and interest to settle the matter, while admitting no wrongdoing. Dreier was Kovachev's lawyer during that case. Kovachev had no real address (since the address on his driver's license was a defunct post office box in Florida) and no formal job. His cellphone bills went to the Harvard Club. Twice divorced, he had a grown son in the US Navy from his first marriage, and five other children from a second marriage. He had known Dreier for at least a decade by 2008. While not an employee of Dreier L.L.P., Kovachev had an electronic pass to the 499 Park Avenue office, including its computers and offices. On December 4, 2008, while Dreier was in a Canadian jail attempting to move cash out of the law firm's accounts, Kovachev appeared at the law firm to pick up three paintings. There were only two paintings, and Kovachev took them and left. On March 31, 2010, at a hearing before U.S. District Judge Naomi Reice Buchwald in Manhattan, Kosta S. Kovachev, 58, was sentenced to 46 months in prison and a fine of $215,000 (the amount Dreier paid him for the impersonations). On November 2, 2009, he pleaded guilty to committing
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 ...
and
wire 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 ...
, as well as a wire fraud charge, and admitted to impersonating an accountant for Solow Realty & Development at Dreier's request in a meeting with investors at their Manhattan offices; and then, impersonating Solow's then-Chief Executive, Steven Cherniak at Dreier's request in a separate phone call with investors. Kovachev was arrested in December 2008. He was made to forfeit his services payment from Dreier for the caper: $215,000. Sentencing of upwards of five years was scheduled for March 5, 2010, along with more than $100 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 ...
. On April 22, 2009, Kovachev was arraigned on new charges: conspiracy to commit securities fraud,
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 ...
and
wire 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 ...
, adding a forfeiture allegation seeking to obtain money placed by Kovachev in four different bank accounts. Kovachev waived indictment and entered a plea of not guilty. In April 2010 Kovachev was sentenced to 3 years and 10 months in prison. Kovachev was paid $115,000 from the Dreier firm's operating account, and $100,000 from its attorney trust account. The Case Number, dated December 18, 2008 is: USA v. Kosta S. Kovachev, 08 MAG 2792.


Robert Miller

On November 9, 2009, Robert Miller, 52, of
Englewood, New Jersey Englewood is a city in Bergen County, in the U.S. state of New Jersey, which at the 2020 United States census had a population of 29,308. Englewood was incorporated as a city by an act of the New Jersey Legislature on March 17, 1899, from po ...
pleaded guilty to
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 and wire fraud, as well as securities fraud, at a hearing before U.S. Magistrate Judge Ronald L. Ellis in Manhattan. He agreed to forfeit the compensation of $100,000 from Dreier in November 2008 for impersonating both a person at a Canadian pension plan, and, a few days later, a representative of an Icelandic hedge fund by telephone, to sell about $44.7 million in fictitious promissory notes. U.S. District Judge Kimba Wood sentenced Miller to two years' probation. From 1983 to 1986, he was a staff attorney in 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 ...
's Enforcement Division, and from 1987 to 2008, he was an analyst and money manager. Between 1999 and 2008, he and Dreier managed an investment fund together.


SEC civil charge

On December 8, 2008, 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 ...
charged Dreier with
fraud In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compen ...
in connection with an elaborate scheme that raised at least $113 million from the sale of bogus
promissory note A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financing instrument and a debt instrument), in which one party (the ''maker'' or ''issuer'') promises in writing to pay a determinate sum of ...
s. The complaint charges that since at least October 2008, Dreier had been marketing illegitimate promissory notes, including bogus notes of a New York–based real estate development company, to hedge funds, and other private investment funds. He had closed at least three sales, convincing purchasers that the notes were genuine. Dreier distributed fake financial statements and audit opinion letters of a reputable accounting firm and recruited assistance to represent legitimate companies involved in the transactions, including false e-mail addresses and telephone numbers. Dreier directed that two purchasers of the bogus notes wire payment to his law firm's
escrow account An escrow is a contractual arrangement in which a third party (the stakeholder or escrow agent) receives and disburses money or property for the primary transacting parties, with the disbursement dependent on conditions agreed to by the transacti ...
. At least one purchaser discovered the fraud and received the return of its investment. There is an unaccounting of approximately $100 million in known proceeds from the sale of the bogus notes. Dreier had been offering fictitious promissory notes in the name of former client, Solow Realty, a New York real estate development company. Since at least October 2008, Dreier had approached at least three different investment funds with an offer to sell, at a deep discount, various short-term, unsecured promissory notes, ostensibly issued by Solow. Two of the investment funds agreed to purchase the notes (one fund purchased notes in two separate transactions) and forwarded the payments of approximately $113 million to an account in the name of "Dreier LLP Attorney Trust Account". A third fund was offered the notes, but declined to participate. All of the offers were accompanied by documents that Dreier subsequently admitted he knew were fabricated. Dreier offered the notes for sale even though he knew Solow had never issued them, had not authorized Dreier to market them, and knew nothing of their existence. Dreier had provided the hedge funds with fabricated documents including a "form" note and related agreements, "audited financial statements", and purported audit letters, which bore the forged signature of Solow's auditor, but which were printed on purported stationery of Solow's auditing firm. Dreier never told the representatives from the hedge funds that the entire marketing and sales plan was fictitious. On December 8, 2008, the SEC filed declarations from firm controller John Provenzano and Dreier lawyer Norman N. Kinel. Provenzano detailed how millions of dollars were missing from client accounts. He stated that he was aware since he took his position in August 2005 of the disbursement of between $30 million and $40 million in Dreier accounts to pay for works of art. Dreier LLP maintained eight escrow accounts where client funds were commingled and eight other accounts for individual clients. Kinel e-mailed Dreier on December 1 requesting disbursal of $38.5 million out of an escrow account on behalf of 360networks (USA) Inc., a client that had emerged from bankruptcy in 2002. Dreier had remained counsel for the official committee of unsecured creditors in connection with 360's Chapter 11 bankruptcy and Kinel asked for the money for distribution to unsecured creditors, but only $19 million remained in the accounts. Provenzano recounted that in phone conversations with other firm partners, Joel A. Chernov and Steven R. Gursky on December 3 and 4. Dreier said that, had he not been in custody, he would have been able to return to New York and sell some of his art so the money could be returned. On both days, Provenzano was asked by Dreier, who was incarcerated in Canada on a charge of impersonation, related to his dealings with the hedge funds, to transfer $8 million and then $10 million from the escrow accounts into Dreier's own accounts, but Provenzano refused. The case is SEC v. Dreier, 08-cv-10617
U.S. District Court for the Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New Y ...
(Manhattan).


Assets

The assets of Dreier LLP and its affiliates were frozen by court order. A Statement of Financial Affairs, filed on February 16, 2009, with the
Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New ...
U.S.
Bankruptcy Court United States bankruptcy courts are courts created under Article I of the United States Constitution. The current system of bankruptcy courts was created by the United States Congress in 1978, effective April 1, 1984. United States bankruptcy c ...
, disclosed that Dreier LLP had $59 million in assets and $42 million in liabilities, some $30 million of which is owed to creditors holding secured claims. In 2008, salaries for contract partners ranged as high as $1 million or more. Dreier, the firm's sole equity partner, received more than $6.5 million per year, and $375,000 was paid to his 19-year-old son, Spencer, over the course of two years. The figures were based upon an unaudited copy of the firm's books and records. A 10-page list of property filed with the Court some of which includes: 5
bank A bank is a financial institution that accepts Deposit account, deposits from the public and creates a demand deposit while simultaneously making loans. Lending activities can be directly performed by the bank or indirectly through capital m ...
/
investment 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 ...
accounts; Boats: "Seascape", 2005 Hessen Motor Yacht, 2008 Novorunia Equator Yacht Tender, Yamaha Waverunners (4); Cars: 2007 Aston Martin, DB9 Volante, 2006 BMW 650i convertible, 2000 Mercedes Benz S500 Sedan, 1997 Mercedes Benz SL500 Roadster; More than 100 works of Art: "Chair with Book on Red Carpet",
David Hockney David Hockney (born 9 July 1937) is an English painter, draftsman, printmaker, stage designer, and photographer. As an important contributor to the pop art movement of the 1960s, he is considered one of the most influential British artists o ...
; "First Painting with Bottle",
Roy Lichtenstein Roy Fox Lichtenstein (; October 27, 1923 – September 29, 1997) was an American pop artist. During the 1960s, along with Andy Warhol, Jasper Johns, and James Rosenquist among others, he became a leading figure in the new art movement. ...
; "Blue Jackie", "White Jackie", "Jackie Profile Looking Down",
Andy Warhol Andy Warhol (; born Andrew Warhola Jr.; August 6, 1928 – February 22, 1987) was an American visual artist, film director, and producer who was a leading figure in the visual art movement known as pop art. His works explore the relationsh ...
; "Portrait of a Girl",
Pablo Picasso Pablo Ruiz Picasso (25 October 1881 – 8 April 1973) was a Spanish painter, sculptor, printmaker, ceramicist and Scenic design, theatre designer who spent most of his adult life in France. One of the most influential artists of the 20th ce ...
; "Grand Masque",
Henri Matisse Henri Émile Benoît Matisse (; 31 December 1869 – 3 November 1954) was a French visual artist, known for both his use of colour and his fluid and original draughtsmanship. He was a draughtsman, printmaker, and sculptor, but is known prim ...
; "Big Thief",
Tom Otterness Tom Otterness (born 1952) is an American sculptor best known as one of America's most prolific public artists. Otterness's works adorn parks, plazas, subway stations, libraries, courthouses and museums around the world, notably in New York City ...
, and a 2006 high-definition, Salma Hayek
video Video is an electronic medium for the recording, copying, playback, broadcasting, and display of moving visual media. Video was first developed for mechanical television systems, which were quickly replaced by cathode-ray tube (CRT) sy ...
by
Soho Soho is an area of the City of Westminster, part of the West End of London. Originally a fashionable district for the aristocracy, it has been one of the main entertainment districts in the capital since the 19th century. The area was deve ...
photographer Robert Wilson; Real Estate:
New York City New York, often called New York City or NYC, is the List of United States cities by population, most populous city in the United States. With a 2020 population of 8,804,190 distributed over , New York City is also the L ...
condominium A condominium (or condo for short) is an ownership structure whereby a building is divided into several units that are each separately owned, surrounded by common areas that are jointly owned. The term can be applied to the building or complex ...
151 E. 58th street;
Hamptons The Hamptons, part of the East End of Long Island, consist of the towns of Southampton and East Hampton, which together comprise the South Fork of Long Island, in Suffolk County, New York. The Hamptons are a popular seaside resort and one of ...
homes: East Quogue (2),
Sag Harbor Sag Harbor is an incorporated village in Suffolk County, New York, United States, in the towns of Southampton and East Hampton on eastern Long Island. The village developed as a working port on Gardiner's Bay. The population was 2,772 at the 2 ...
;
Anguilla Anguilla ( ) is a British Overseas Territory in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin. The terr ...
,
West Indies The West Indies is a subregion of North America, surrounded by the North Atlantic Ocean and the Caribbean Sea that includes 13 independent island countries and 18 dependencies and other territories in three major archipelagos: the Greate ...
condominium (2). After his arrest, Dreier attempted to transfer the two properties in the
Hamptons The Hamptons, part of the East End of Long Island, consist of the towns of Southampton and East Hampton, which together comprise the South Fork of Long Island, in Suffolk County, New York. The Hamptons are a popular seaside resort and one of ...
, worth a total of US$12.5 million, to his son, Spencer. Spencer asked the caretaker of the properties to file papers claiming that the father had signed over interest in the properties back in October, as a reward for agreeing to spend the summer with him. The caretaker declined to do so.


Chapter 11 bankruptcy

Mark Pomerantz of the law firm
Paul, Weiss, Rifkind, Wharton & Garrison Paul, Weiss, Rifkind, Wharton & Garrison LLP (known as Paul, Weiss) is an American multinational law firm headquartered on Sixth Avenue in New York City. By profits per equity partner, it is the fifth most profitable law firm in the world. ...
was named court-appointed receiver for Dreier LLP. On December 16, 2008, Pomerantz filed for
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 ...
on behalf of the firm, declaring that "no effective management" exists at the firm in the wake of Dreier's arrest. Dreier was the sole equity partner of the firm. The firm owed
malpractice insurance Professional liability insurance (PLI), also called professional indemnity insurance (PII) but more commonly known as errors & omissions (E&O) in the US, is a form of liability insurance which helps protect professional advice-, consulting, and ser ...
carrier
Chubb Group of Insurance Companies Chubb Limited is an American company incorporated in Zürich, Switzerland. It is the parent company of Chubb, a global provider of insurance products covering property and casualty, accident and health, reinsurance, and life insurance and the l ...
more than $213,000 in unpaid bills by December 31, 2008, otherwise the $10 million insurance policy would expire and leave Dreier's 240 or so lawyers without coverage. On March 26, 2009, Pomerantz disclosed he had recovered more than $100 million in assets, including $39 million in art; an $18 million, yacht; homes in Manhattan; three properties in the Hamptons; parcels in
Anguilla Anguilla ( ) is a British Overseas Territory in the Caribbean. It is one of the most northerly of the Leeward Islands in the Lesser Antilles, lying east of Puerto Rico and the Virgin Islands and directly north of Saint Martin. The terr ...
owned by Dreier or his family members; and five cars. The yacht, ''Seascape'', liquidation price reduced from $13.5 million to $12.5 million, was bought through the sale of fake notes. Dreier held stock certificates in an office safe, and stakes in a company called People Capital, as well as a startup bio-diesel firm in
Argentina Argentina (), officially the Argentine Republic ( es, link=no, República Argentina), is a country in the southern half of South America. Argentina covers an area of , making it the List of South American countries by area, second-largest ...
. He also controlled an investment vehicle called Armada Partners. However, "large amounts" were not collectible. Pomerantz's firm will be billing $1.4 million for its services. On March 26, 2009, an auction held at the law office sold most of the firm's furnishings and accoutrements at rock bottom prices, with the exception for Dreier's furniture and paintings. On June 17, 2009, his two neighboring oceanfront homes in Southampton/East Quogue, New York were scheduled to be auctioned for possibly up to $12.5 million. On July 21, 2009, his 34th floor, four-bedroom, five-bathroom Manhattan apartment, with massive outdoor terrace, was sold at auction for $8.2 million, about $2 million less than the $10.43 million he paid in 2007.


Chapter 7 involuntary bankruptcy

Sheila Gowan, the trustee overseeing the liquidation of the law firm, filed a Chapter 7 involuntary
bankruptcy Bankruptcy is a legal process through which people or other entities who cannot repay debts to creditors may seek relief from some or all of their debts. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debto ...
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...
for Dreier on January 26, 2009.
Wachovia Bank Wachovia was a diversified financial services company based in Charlotte, North Carolina. Before its acquisition by Wells Fargo and Company in 2008, Wachovia was the fourth-largest bank holding company in the United States, based on total asset ...
National Association and the bankruptcy estate of 360networks Inc also joined Gowan in the involuntary
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to some offi ...
as
creditors A creditor or lender is a party (e.g., person, organization, company, or government) that has a claim on the services of a second party. It is a person or institution to whom money is owed. The first party, in general, has provided some property ...
. The three said they were owed about $88.5 million.
Fortress Investment Group Fortress Investment Group is an American investment management firm based in New York City. Fortress was founded as a private equity firm in 1998 by Wes Edens, Rob Kauffman, and Randal Nardone. When Fortress launched on the NYSE in February 200 ...
LLC, a private-equity and hedge-fund manager, lost $125.7 million buying phony promissory notes supposedly issued by Solow Realty & Development Co..
Elliott Management Corporation Elliott Investment Management is an American investment management firm. It is also one of the largest activist funds in the world. It is the management affiliate of American hedge funds Elliott Associates L.P. and Elliott International Limit ...
., a hedge-fund firm, lost $101.1 million. Eton Park Capital Management LP lost $84.4 million; Perella Weinberg Partners, $46 million; Concordia Advisors LLC, $22.3 million;
Novator Partners Novator Partners LLP is a British private equity investment firm based in London owned by Björgólfur Thor Björgólfsson. Assets overview The company specializes in investments in companies based in emerging markets. Industries by which it f ...
, $20 million; and Meyer Ventures LLC, $13.4 million. Dreier owed more than $40-million to various creditors, including many of the firm's own lawyers. Chapter 7 Trustee Salvatore LaMonica, who was in charge of Dreier's bankruptcy case in the personal liquidation proceeding initiated by several creditors, went to bankruptcy court, seeking permission to hire an auctioneer to sell off Dreier's three properties: The Upper East Side apartment, and the two neighboring properties in the Hamptons.


In popular culture

''Unraveled'', which includes interviews with Dreier and his son while Dreier awaited sentencing, was shown in the UK on BBC 4 on September 5, 2012, under the title "''The $750 Million Thief''", as a 1-hour 20 minute documentary in BBC-TV's series " Storyville".
American Greed ''American Greed'' (also known as ''American Greed: Scams, Scoundrels and Scandals'' and as ''American Greed: Scams, Schemes and Broken Dreams'') is an American documentary television series on CNBC. The series focuses on cases of Ponzi schemes, ...
, Episode 48, ''Hedge Fund Imposter'', profiled Marc Dreier and his crimes. Marc Dreier's only television interview aired in 2009 on
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 ...
titled, “The Swindler,” which was hosted by Steve Kroft. Dreier notes that he thought he would be featured on 60 minutes for something good that he had done, not for something bad. Kroft asks Dreier a question that was asked of Bernie Madoff, who many people find similarities with, about how someone could have kept up a scam for so long. Dreier noted that he had multiple stressors simultaneously that kept up his focus: the scam, a legitimate law business (funded by the scam), and his work as a practicing attorney.


References


External links


Marc Dreier, The Mind of a Swindler, CBS, ''60 Minutes''
(October 4, 2009)
Marc Dreier's Crime of Destiny, ''Vanity Fair''
(November 2009)
Dreier pleads Guilty, Press Release, U.S. Attorney, Southern District of New York
(May 11, 2009)
Dreier, LLP Assets and Liabilities Statement, Schedules E, F, G, HDreier Amended Criminal Complaint
(March 17, 2009)
SEC Civil Complaint
(December 8, 2008)

(March 31, 2009)

(December 14, 2008)
Martha Graybow, "Dreier Law Firm in Turmoil After Founder's Arrest", Reuters
(December 10, 2008)

(July 25, 2005) {{DEFAULTSORT:Dreier, Marc Stuart 1950 births Living people 21st-century American criminals American businesspeople convicted of crimes American money launderers American money managers American people convicted of fraud American people of Polish-Jewish descent American white-collar criminals American confidence tricksters Disbarred American lawyers Financial scandals Harvard Law School alumni New York (state) lawyers People from Manhattan Prisoners and detainees of the United States federal government People from Westhampton, New York People from Quogue, New York Lawrence High School (Cedarhurst, New York) alumni People from The Five Towns, New York Yale University alumni Jewish American attorneys