DOJ-OGR-00010211.pdf

Case 1:09-cr-00581-WHP Document 605 Filed 03/18/13 Page 8 of 41 the amount or nature of the tax loss. The facts concerning all of the backdating will not be repeated at length herein. It is useful to note, however, the following facts as they relate to Parse: (i) Parse was the key to the success of the backdated transactions — without his agreement and participation, the J&G attorneys were powerless to correct the mistakes; (ii) the corrections needed for the Aronoff transactions are reflected in David Parse’s own handwriting on GX 401-99 (reflecting the original transaction) and GX 401-100 (reflecting the revised transaction), showing that he fully understood the nature of the backdating; (iii) the correction of the transactions required a complex series of steps, including reversals of transfers of assets between accounts, reversals of already-completed stock and foreign currency transactions, and execution of new “as of” foreign currency and stock trades; and (iv) the backdating occurred with not just one client, but several and occurred in two different tax years — tax year 2000 for the Aronoff family members, and tax year 2001 for Michael Toporek, Greg Blair, and Matthew Coleman. In his sentencing memorandum, Parse attempts to excuse the backdating by claiming, “He gave no investment advice, and the trades were executed by his assistant.” (Parse Sent. Mem. at 12). This statement is not only a shameless attempt by Parse to throw his subordinate under the bus, but also a testament as to just how perverted these tax shelters were that the investment broker, who otherwise touts his treatment of his long-time clients, (id. at 4 “As a broker, David had 30 to 40 long-term customers, and his goal was to assist them to invest their money wisely.”), now attempts to make much of the fact that he was not giving investment advice to the backdating clients (or, as the evidence showed, to any of the other tax shelter clients). As to Parse’s suggestion that the backdating transactions were done not by Parse, but by Carrie Yackee, his sales assistant (Parse 6 DOJ-OGR-00010211