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Re:How NBA executive Jeff David stole $13M from the Sacramen... by ilamont on Tuesday November 19, 2019 @05:24PM (#21578967)
He would have gotten away with it if it weren't for the HR exec seeing a red flag. Makes you wonder how many other frauds are never discovered.

One other thing: These types of face-to-face, "close on a handshake" negotiations are really open to various types of fraud. I was thinking about this when listening to a friend discussing how he had negotiated a $12,000 discount for his child's base college tuition, by talking over the phone with someone in the college admissions office. Or a commercial real-estate deal that I participated in some years ago that involved several rounds of negotiation. If one or both sides of these transactions wanted to extract some financial benefit "on the side," it would be so easy to do it ... which leads me to believe it happens all the time, anti-fraud laws and signed declarations be damned.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by burtonator on Tuesday November 19, 2019 @06:55PM (#21579727)
A guy I used to work with was fired for these types of bribes.

This was like 20 years ago when I was just a 17 year old lowly tech IT nerd.

They fired the guy and he was the entire IT guru for an office of about 120 people so I was flown down to Florida to try to size up what was happening.

He went against corporate policy and was buying from and off-brand computer vendor because he was receiving bribes. He magically had two jet skiis one day and the company sort of put two and two together.

It was a nightmare though... no one had the network passwords to the Netware server so I had to copy ALL the data to another box and then migrate everyone over to Windows NT... It was like 150GB of data back when a large HDD was 150MB...

I think we had to split it up across multiple RAID arrays or something crazy.

Took forever!

Re:How NBA executive Jeff David stole $13M from the Sacramen... by ChuckMcM on Tuesday November 19, 2019 @07:30PM (#21579956)
I have similar examples in my experience. If you run operations it is something you need to watch out for because, in my experience, every vendor extends feelers to see if this is a possibility. It goes unnoticed by accounts receivable because the vendor marks the price up with the 'extra' so they see an invoice, and pay it and get the equipment, none the wiser that is some % higher than it "could" be. This is amplified by vendors of IT gear that quote a "high" MSRP, and then offer a big discount. So the vendor has rack switches for $4500 MSRP they are selling you for $3000 when the 'standard' discount would be $2500 (45 points off list). The accountant sees the 33% off list so they are happy, the vendor gets more than they need to make their margin, and the IT guy on the inside manages to pocket a few thousand that arrives via a side channel.

Everyone gets a little something and everyone is happy as a clam. It is fairly insidious and difficult to combat unless you can pit distributors against each other or vendors in order to force out what their real bottom line is.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by yummypaint on Tuesday November 19, 2019 @09:15PM (#21580548)
This cancer has been finding its way into academic purchasing offices. Researchers could use procurement cards to buy what they needed with their grant money, now administrators are chipping away at this to force people to use shopping portals that directly enable this. It almost never saves money, and the extra time and delays associated with it probably cost money overall, yet its of critical importance to purchasing admins that everyone use this nonsense so they can get their kickbacks.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by bgorman on Tuesday November 19, 2019 @09:31PM (#21580626)
How does using a shopping portal facilitate kickbacks?
Re:How NBA executive Jeff David stole $13M from the Sacramen... by extrapickles on Tuesday November 19, 2019 @10:54PM (#21580957)
The shopping portal vendor gives the kickbacks to the people that made it mandatory for everyone.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by i_am_nomad on Tuesday November 19, 2019 @11:47PM (#21581171)
I can tell you that University of California is like this. It’s infuriating.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by Invictus0 on Tuesday November 19, 2019 @09:18PM (#21580560)
Is this actually even a crime?
Re:How NBA executive Jeff David stole $13M from the Sacramen... by ip26 on Tuesday November 19, 2019 @11:08PM (#21581008)
Paying a price that's too high is not a crime.

Paying a price that's too high with someone else's money, and getting a kickback for doing so, definitely a crime, no question.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by Spooky23 on Tuesday November 19, 2019 @10:29PM (#21580872)
For real?

That is a pretty obvious fraud.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by sujNansnam on Tuesday November 19, 2019 @09:26PM (#21580609)
https://en.m.wikipedia.org/wiki/Commercial_bribery

TLDR: it’s a felony in most states. There’s no federal law prohibiting it explicitly but it often falls under mail or wire fraud.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by specialist on Wednesday November 20, 2019 @07:10AM (#21583165)
Now I wish we had a f*'ed company like site for sharing these stories. As @ilamount suggests, it may be way more common than anyone would guess.

--

Early 90s, I was the computer kid for a very fast growing retail architecture group within a publicly traded company. Dept grew from 24 to 130 people during my time (just under 2 years).

I was the scape goat for a failed budget & estimating tool.

The shark in the national construction management role hired some goofy consultancy. The shark fired me when his consultants missed their big deadline. I was told that my failure delayed store openings and contributed to the company missing their projected earnings, causing the stock price to decline.

Sure.

That same shark was later busted for kickbacks from vendors, expensing family vacations, and so forth. His crimes were never disclosed. Probably signed an NDA and got severance package. Of course, I never got an apology.

The sad part was that I had already created and deployed a nifty little budget & estimating tool during my spare time. The architects loved it. But I don't know how to manage upwards, so the hierarchy didn't understand the work had already been done. Maybe because my tool was "too simple", compared to the alternatives under consideration (eg integrating MicroStation with Primavera).

My bigger mistake was being honest with the shark. He asked what I thought of his consultants, without telling me he had already hired them. I said something like "They're frauds. Any work they do for us will end up as lawsuits and tears." So the shark probably started engineering the blame shifting at that point.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by C1sc0cat on Wednesday November 20, 2019 @06:53AM (#21583074)
It is a common form of corporate fraud this was mentioned when few years back I did a "serious" course on Hr/Ir issues - serious as it will end up in court.

One of the main take always was one of the main roles was to baby sit a manager (with the hr person) if one of his team was being investigated, to make shure they didn't do anything silly like resign

Re:How NBA executive Jeff David stole $13M from the Sacramen... by kortilla on Wednesday November 20, 2019 @10:24AM (#21584689)
What was the reason for preventing the manager from resigning?
Re:How NBA executive Jeff David stole $13M from the Sacramen... by C1sc0cat on Thursday November 21, 2019 @06:43AM (#21593190)
This was when their staff where the ones accused, our internal security had a terrifying rep.

You did not want some one who may well be innocent doing something stupid.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by aguyfromnb on Wednesday November 20, 2019 @07:36AM (#21583342)
>He magically had two jet skiis one day and the company sort of put two and two together.

Despite there being fraud in this case, there's something slightly disturbing about your employer analyzing the way you spend your money and assuming fraud...

Re:How NBA executive Jeff David stole $13M from the Sacramen... by kortilla on Wednesday November 20, 2019 @10:24AM (#21584677)
Not employer, this is the type of thing noticed by coworkers.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by jmull on Tuesday November 19, 2019 @05:37PM (#21579081)
It doesn't sound like his plan to repay the $9 million up-front payment over time according to the original payment schedule is likely to have worked.

Now, if he'd restrained himself to the $4.4 million that no one actually knew about, then it really would have come down to an observant HR exec. But, of course, the kind of guy who pulls a scam like that probably doesn't know how to restraint himself.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by zozbot234 on Tuesday November 19, 2019 @07:04PM (#21579799)
Yup, his scheme had plenty of pitfalls, obviously. Which is why people didn't really buy the notion that he was going to pay restitution down the road.

Really, the only thing which could explain how someone could come up with something like that is pure complacency and foolish, short-term greed. Reality has a way of catching up with these games; it's not something anyone would want to get involved in otherwise.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by TheSpiceIsLife on Tuesday November 19, 2019 @05:54PM (#21579234)
I’m willing to bet the overwhelming majority of white collar crime goes undetected.

Detection is probably difficult, and the agencies charged with investigating and prosecuting are likely over worked.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by pmart123 on Tuesday November 19, 2019 @07:45PM (#21580061)
I've also heard that a significant amount of the detected fraudsters are simply let go. Essentially, a company would rather ask the current CFO to leave about learning the information rather than admit it had a CFO who was able to steal millions.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by dba7dba on Tuesday November 19, 2019 @11:37PM (#21581138)
I spent a few years living near a nationally well known American university with very tight housing. And we had to pay `finder's fee` to apartment managers for the privilege of applying for a rental to the tune of a grand or so. Like 20+ years ago.

So, yah much there's much white collar crime going on, from a grand at a time to a few millions. I'm not surprised.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by bobthemover on Tuesday November 19, 2019 @08:55PM (#21580451)
Most of the fraud that is commitment with parties on both side of the transaction is for practical purposes undetectable and unprovable, no matter the resources available to parties investigating the fraud.

The only break you get is when one of the parties makes a mistake like using company networks to conspire or sours on the deal and rats everyone out. Then you get to roll them all up.

Also, using cut outs like family members or trusts create reasonable cause for doubt unless their is overwhelming evidence that the arrangement was fraudulent, no matter how obvious it seems on the face of it.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by datavirtue on Tuesday November 19, 2019 @08:38PM (#21580352)
Especially at banks. Very embarrassing and not worth the attention it would garner if they pressed charges. There are a lot of financial institution that have very weak controls. I've seen it first hand.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by IllusoryReverb on Wednesday November 20, 2019 @03:48AM (#21582197)
Anecdote from third world country here. Friend works in 'IT security company', told me banks are the worst here.

One bank had guys in the IT department work for a couple of months then quit, one after the other, apparetly after having stolen 'enough' money (whatever that means to a thief). Rinse and repeat, till their company got called in. That bank's systems were apparently that bad.

I always wondered whether it was that the bank had no proof of the theft or an image thing where they could not afford to go after them because customers would lose confidence in them.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by takinola on Wednesday November 20, 2019 @12:47PM (#21586304)
I once worked for a bank and I recall they had a policy not to bother chasing after any fraud below a (surprisingly high to me) dollar figure, except if it was suspected that an employee was involved. If there was suspicion that an employee was involved, then they would go all out even for the smallest amount.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by Scoundreller on Tuesday November 19, 2019 @06:56PM (#21579733)
Could make it easier and do something like what Quebec does in small-claims courts: don't allow lawyers.

Should be fine for those with tax returns that are simple enough to understand. Not so much for those that choose complicated financial structures.

Re:How NBA executive Jeff David stole $13M from the Sacramen... by asdfasgasdgasdg on Tuesday November 19, 2019 @07:34PM (#21579987)
In a criminal context in the US, you have a constitutional right to legal representation. I suspect Canada is the same, but I don't know for sure. In any case, this isn't a viable solution, even if it were a good idea, which I'm skeptical of.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by yellow_lead on Tuesday November 19, 2019 @06:30PM (#21579523)
I wonder if he paid taxes on these payments. If not, I'm sure the IRS would eventually get him.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by gamblor956 on Tuesday November 19, 2019 @07:12PM (#21579859)
It appears he prepared fake K-1s for his investment "partners" so he was filing tax returns for his "investment" company. Based on this, he likely reported those payments as capital invested in the partnership, not income.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by yellow_lead on Wednesday November 20, 2019 @11:41PM (#21591510)
Interesting, nice find.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by hammock on Tuesday November 19, 2019 @07:07PM (#21579822)
Just wait until you realize how many kickbacks are LEGAL and commonplace in many, if not most, industries.
Re:How NBA executive Jeff David stole $13M from the Sacramen... by drtillberg on Tuesday November 19, 2019 @07:27PM (#21579938)
From a U.S. perspective, I question the categorical statement about 'legality.' See, e.g., Operation Varsity Blues.[1]. Maybe 'commonplace', but unless the folks involved have happily run it past their GCs and the local U.S. Attorney, don't get ahead of yourself there...

[1] https://en.m.wikipedia.org/wiki/2019_college_admissions_brib...

Re:How NBA executive Jeff David stole $13M from the Sacramen... by sjg007 on Tuesday November 19, 2019 @07:53PM (#21580109)
Referrals are a common one.