WASHINGTON — A politically connected Beverly Hills, Calif., firm —
which was part of a federal investigation that cost New Mexico Gov.
Bill Richardson a Cabinet seat — was indicted Thursday for what
prosecutors say was a bid-rigging scheme in the municipal bond
business.
The charges in the nine-count indictment filed Thursday in
Manhattan federal court against CDR Financial Products Inc. are the
first resulting from the Justice Department's probe of the mammoth
municipal bonds industry. CDR, based in Beverly Hills, Calif., has also
come under scrutiny for its ties to Richardson.
The indictment alleges that two CDR executives and one former
executive from the firm engaged in bid-rigging conspiracies in which
CDR was hired by public entities that issue municipal bonds to act as
their broker and conduct a supposedly competitive bidding process.
"This case is fundamentally about collusion, the illegal rigging of
a purportedly competitive bidding process," said Joseph Demarest, head
of the FBI's New York office.
The result of the scam, Demarest said, was less money for the states, cities and counties that hired CDR.
CDR is also known as Rubin/Chambers, Dunhill Insurance Services Inc.
Prosecutors say CDR's company's owner and president, David Rubin,
vice president Evan Zarefksy and former chief financial officer Zevi
Wolmark took part in two wire fraud schemes. The three are also charged
with obstructing the IRS.
Because such bonds are tax-exempt, the competitive bidding process is regulated by the IRS.
Prosecutors said the company secretly manipulated the bidding
process to enrich themselves and the bidding companies at the expense
of the municipalities, the IRS or both.
Under the scheme, CDR would arrange in advance which company would
win a particular bid for bond business and arrange kickbacks to CDR in
the form of inflated fees, authorities said.
In one 2006 state bond deal, one of the bidders agreed to pay CDR a $475,000 kickback, according to the indictment.
The municipal bond business is huge: In 2007 and 2008, about $800
billion worth of municipal bonds were issued across the country.
If convicted of the most serious charge against them, the three men face a maximum prison sentence of 20 years.
Rubin's lawyer Donald Etra said the charges "have no basis."
"The bottom line is that David Rubin has done nothing wrong," Etra
said. "He's a brilliant businessman and a prominent philanthropist."
Lawyers for the other two men could not immediately be located.
The company could face a maximum fine of $100 million for the bid-rigging charge.
Federal prosecutors in New Mexico had also investigated CDR for its
links to Richardson, the Democratic governor. The investigation forced
Richardson to bow out of a possible Cabinet position in the Obama White
House.
Rubin and his firm contributed $110,000 to Richardson political
committees from 2003 to 2005. The largest of those contributions,
$75,000, was made less than a week before CDR was selected in June 2004
by the New Mexico Finance Authority to handle the reinvestment of idle
bond proceeds.
CDR was hired as a financial adviser on state transportation bond
deals, which generated almost $1.5 million in fees for CDR in
2004-2005.
Thursday's indictment does not mention Richardson, but it does
refer to a May 20, 2004, call allegedly placed between people in New
Mexico and New York in which a bid was rigged. Two months later, a New
York state housing agency began receiving interest payments at what
investigators say was an artificially reduced rate.
Richardson's deputy chief of staff, Gilbert Gallegos, said the investigation in New Mexico concluded without indictments.
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