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656 KB
Extraction Summary
4
People
1
Organizations
0
Locations
2
Events
1
Relationships
8
Quotes
Document Information
Type:
Legal document
File Size:
656 KB
Summary
This legal document, a filing in case 1:09-cr-00581-WHP, argues that David Parse is culpable for criminal conduct involving fraudulent backdating of financial transactions. It refutes Parse's attempt to blame his subordinate, Carrie Yackee, by citing her testimony that she acted solely on his instructions. The document clarifies that supposed 'Deutsche Bank approvals' for the transactions were, in fact, direct orders from Parse himself to achieve impermissible tax results.
People (4)
| Name | Role | Context |
|---|---|---|
| Yackee | Witness |
Mentioned as testifying persistently, consistently, and credibly that she acted at the instruction of David Parse. Fu...
|
| David Parse | Defendant/Subject of filing |
Accused of criminal conduct involving fraudulent backdating of transactions. Yackee's boss who gave her instructions.
|
| Carrie Yackee | Witness |
Testified that she understood the basic principles of tax reporting and that the 'Deutsche Bank approvals' were actua...
|
| branch manager | Branch Manager |
An unnamed individual whose signature appears on some trade tickets, but there is no evidence they knew the purpose o...
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| Deutsche Bank | Company |
The bank where the backdating transactions occurred. The document discusses whether the transactions were approved by...
|
Timeline (2 events)
Carrie Yackee testified that she acted at all times under the instruction of David Parse and that what were presented as 'Deutsche Bank approvals' were actually instructions from him.
Court (implied)
Carrie Yackee
David Parse's counsel
Fraudulent backdating of transactions was committed to achieve impermissible tax results, in violation of the annual accounting rule.
Deutsche Bank (implied)
Relationships (1)
Yackee stated in her testimony, 'I was directed what to do by my boss,' referring to David Parse.
Key Quotes (8)
"You also testified about acting in accordance with Deutsche Bank policy, correct?"Source
— Unnamed Questioner (Counsel)
(From a transcript (Tr. 5699) of Yackee's testimony, questioning her actions relative to bank policy.)
DOJ-OGR-00009533.jpg
Quote #1
"Correct."Source
— Yackee
(Yackee's response confirming she testified about acting in accordance with policy.)
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Quote #2
"Are you aware what Deutsche Bank’s policy is for the use of as of dates on trades?"Source
— Unnamed Questioner (Counsel)
(Questioning Yackee's knowledge of the specific bank policy.)
DOJ-OGR-00009533.jpg
Quote #3
"I don’t know of the specific policy."Source
— Yackee
(Yackee's response stating she is not aware of the specific policy.)
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Quote #4
"How do you know you acted in accordance with the policy?"Source
— Unnamed Questioner (Counsel)
(Questioning how Yackee could act in accordance with a policy she didn't know.)
DOJ-OGR-00009533.jpg
Quote #5
"I was directed what to do by my boss."Source
— Yackee
(Yackee's explanation that her actions were based on instructions from her boss, David Parse.)
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Quote #6
"So when you say you acted in accordance with policy, you mean you followed your boss’s orders?"Source
— Unnamed Questioner (Counsel)
(Clarifying that Yackee equated following her boss's orders with following policy.)
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Quote #7
"And I presumed that he would follow policy. So . . ."Source
— Yackee
(Yackee's explanation that she assumed her boss (David Parse) was acting in accordance with policy.)
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Quote #8
Full Extracted Text
Complete text extracted from the document (1,987 characters)
Case 1:09-cr-00581-WHP Document 605 Filed 03/18/13 Page 9 of 41
Sentencing Mem. at 12), the evidence showed and Yackee testified persistently, consistently, and credibly that she acted at all times at the instruction of David Parse. Given the foregoing, Parse’s attempt to blame her for his criminal conduct is inconsistent with the facts; it is also, in a larger sense, inexcusable.
To the extent that Parse trial and current counsel have suggested and continue to suggest that the backdating transactions were approved by Deutsche Bank, the only approvals were from Parse himself, and on some of the trade tickets, the signature of the branch manager appears.⁴ Moreover, there is no evidence that the branch manager knew of the purpose and animus for the backdated transactions. To the extent that a branch manager actually knew what was occurring, that fact would only render the branch manager a co-conspirator, and not excuse Parse’s criminal conduct.
However complex the tax shelters, the fraudulent backdating was nothing more than garden-variety fraud committed to achieve impermissible tax results. Basic principles of tax reporting — such as the annual accounting rule — prohibit the changing of tax results through transactions carried out after the close of the tax year. Carrie Yackee testified that she understood, based on her
⁴ Yackee made clear that the “Deutsche Bank approvals” on the backdated transaction were actually instructions from David Parse:
Q. You also testified about acting in accordance with Deutsche Bank policy, correct?
A. Correct.
Q. Are you aware what Deutsche Bank’s policy is for the use of as of dates on trades?
A. I don’t know of the specific policy.
Q. How do you know you acted in accordance with the policy?
A. I was directed what to do by my boss.
Q. So when you say you acted in accordance with policy, you mean you followed your boss’s orders?
A. And I presumed that he would follow policy. So . . .
A. Correct.
Q. Are you aware what Deutsche Bank’s policy is for the use of as of dates on trades?
A. I don’t know of the specific policy.
Q. How do you know you acted in accordance with the policy?
A. I was directed what to do by my boss.
Q. So when you say you acted in accordance with policy, you mean you followed your boss’s orders?
A. And I presumed that he would follow policy. So . . .
(Tr. 5699).
7
DOJ-OGR-00009533
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