The case for murder

[time]

So this shows JS optioned nearly $7.5 million in shares a week before the deaths.

I believed that was discussed much earlier and someone who was far more knowledgeable than I said it wasn't suspicious. Maybe someone will chime in on that.

 

[MyBelle]

So this shows JS optioned nearly $7.5 million in shares a week before the deaths.

Are you saying JS knew that Max would fall when he exercised those options? That's quite a stretch to believe that he knew ahead of time.

JMO

 

[MyBelle]

I believed that was discussed much earlier and someone who was far more knowledgeable than I said it wasn't suspicious. Maybe someone will chime in on that.

How could it be suspicious? Not for a minute do I believe JS knew even a day in advance that his son would be suffer a fatal fall.

Stock options usually have to be exercised in certain windows and would also be disclosed to the SEC with the company filing a disclosure.

JMO

 

[MyBelle]

BBM
http://www.bnet.com/blog/drug-busin...e-alleging-ceo-shacknai-cooked-the-books/9829

Time did not make up the words "cooked the books". Here is the MSM article which states those words. Yes, Medicis did not admit wrongdoing but the proof is in the payout of $18M.

that is a blog about a civil lawsuit. Medicis isn't paying out a dime, their insurance company and accounting firm are paying the $18 million.

JMO

 

[elfie]

I also want to thank Valhall for an incredible analysis. I was very pleased to see your link to better quality floor plan images, because I had spent *quite* a bit of time trying to analyze the floor plans myself. In my case, I was specifically looking to see if there was another Juliet style balcony on the property from which someone could have taken all the pre-measurements in preparation to cut the rope…but not leave footprints on Rebecca's balcony. I looked pretty closely at the deck off the master bedroom, but it didn't suit the purposes I had in mind at that time. Nevertheless, your thorough investigation has been illuminating.

I do want to say, that having spent time on Coronado Island, myself (not verified) there would very likely be people walking up and down Ocean Blvd. at that hour of the night. Given that the deck itself is visible from the street, the low railing actually makes any activity up there especially visible. It would just be too risky for a murderer to hang Rebecca from the Master Bedroom deck. I got another shot of the walkway between the houses from Google Earth, this one is from a slightly different angle. I respectfully maintain that a body hanging there would have stood a good chance of being seen from people walking on the sidewalk.

I have to go with the opinions that since this deck faced the street, the perp did not choose it because they would possibly have been seen.

Had it been an actual suicide it would have been the logical choice:

The master bedroom is familiar and intimate.

The balustrade is strong enough to hold her weight with no fear of breaking and low enough to go over with no problem (even tied up).

If she wanted to be seen (nudity) this would have been the place to accomplish this objective.

 

[Mrs. Holmes]

Still looks bad to me when you have to be SUED before you will own up to a glaring mistake. They could have volunteered a resolution to their stockholders and negociated but it took a law suit to make them own up.

How many companies get sued in a class action by their stockholders? I would not invest in this company knowing this.

 

[Mrs. Holmes]

It might have made someone MAD that he just got paid that much money after he had ripped them off and lied to his shareholders and still had not settled the law suit.

 

[elfie]

I so agree with you that the deck would NOT be chosen if this was a murder. I do believe it would be the most logical and the easiest if this was a suicide. While the detail of the architectural feature of the balustrade isn't explicitly marked on the drawings, I was able to get what I believe is a very realistic estimate by using the scaled floorplans.

The ledge past the balustrade is between 7-1/2" and 8" wide. The balustrade itself is right at 1 ft wide.

There would have been no need to "throw" Rebecca the 1' 8" to clear the balustrade and the ledge past it. The balustrade was wide enough for a perpetrator to stand on and then have Rebecca standing directly in front of them on the ledge. It would have been a simple push. The only reasons I can come up with on not using this location versus the balcony of the guest room is that for a murder it is more accessible by the public and then IF the murderer considered the windows below (a murder would more likely cause swinging because you'd have to push the person off, whereas a suicide would be stepping (hopping if you're bound) off the ledge.)

For a suicide, I think these reasons pretty much go away. Unless, as I referenced above, you want to describe Rebecca during this period of time as both so distraught she killed herself in a humiliating and painful way and also had the clarity of mind to think through every aspect of this suicide in order to make it look suspicious when discovered, but not discovered until morning.

While the near impossibility of the physics of what they claim she did is what makes me think this was a murder, the application of such clarity of thought and so many "factors" having to be considered by a distraught and suicidal woman is the second thing on my list for why I don't believe it was a suicide.

Yes! I completely agree. Thanks for all of your hard work Val!!

 

[Mrs. Holmes]

Wozer! One year there was a $37 million discrepency.

 

[time]

that is a blog about a civil lawsuit. Medicis isn't paying out a dime, their insurance company and accounting firm are paying the $18 million.

JMO

That's wrong. Medicis claimed insurance would pay for all of it, but NOT!

Medicis, its auditor will pay $18 mil to settle suit

‎

Scottsdale-based Medicis would pay $11 million and Ernst & Young would pay $7 million under terms of a settlement agreement filed last week

http://www.bnet.com/blog/drug-busin...e-alleging-ceo-shacknai-cooked-the-books/9829

The informants
During this time, seven people inside Medicis realized something was wrong with the way Medicis booked sales “just because it went out the door,” as one of them says in the suit. They eventually became informants for investors who lost money when MRX tanked. They have been kept anonymous, but their jobs were:

• An accounts receivable senior accountant at Medicis from 2000 to 2006.
• A contract senior accounts receivable coordinator at Medicis during 2008.
• An accounts receivable team leader at Medicis between 2000 and 2004.
• A senior financial analyst at Medicis in 2005.
• The head of information technology for Medicis’s finance department from 2001 until 2008
• An order control department staffer at the Scottsville, Arizona headquarters from 2003 until 2006.
• And an order control analyst at Medicis from June 2005 until November 2006.

Note that they all left the company prior to the 2008 restatement debacle. Hmm.


In the settlement, Shacknai and Prygocki appear to have dodged a major bullet. When almost identical allegations surfaced at Bristol-Myers Squibb (BMY) in 2002, it led to criminal indictments. There are similar civil allegations being litigated at Johnson & Johnson (JNJ).

The settlement came about because of a negotiation with claimants/investors attorneys. That's probably the only reason that for now there is no a criminal suit. There probably won't be since they already made reparations. It is common in suits like this that the company and executives admit no wrong in lieu of money.

 

[MyBelle]

Still looks bad to me when you have to be SUED before you will own up to a glaring mistake. They could have volunteered a resolution to their stockholders and negociated but it took a law suit to make them own up.

How many companies get sued in a class action by their stockholders? I would not invest in this company knowing this.

Just about any company that restates earnings ends up getting sued by shareholders because such restatements can result in dramatic stock price drops. Medicis' drop was $125 million in shareholder losses after they restated earnings. The settlement of $18 million is a pittance, considering the large portion that will go to lawyers rather than shareholders.

They were sued not for a "mistake" but because of their accounting method, which is why their accounting firm is part of the lawsuit and settlement. The accounting method wasn't illegal but they decided to stop using it anyway.

JMO

 

[Mrs. Holmes]

I'm curious where you get the idea anybody has a "right" to see LE investigative files?

First, the family claimed they wanted a new investigation yet they haven't bothered to officially ask for it. Now, they say they want the files of the investigators they have accused of being sloppy, unproffessional and possibly corrupt.

In reality, the only way anyone else can see investigative files is by court order. Why hasn't their attorney filed a request?

JMO

Because the case was closed AND there was no crime committed... the brother in law who is a cop seemed to feel there would be no problem getting the file... except for a delay in the LE response to the request. I think this would come under the Freedom of Information act. But I am not SURE.

As for the family formally asking for a new investigation they will wait until they have everry little bit of evidence gone through with a fine tooth comb before they make that legal request. It's going to take months.

And... as to why they are on TV... MONEY... liscensing for photos etc could help in paying. I had never seen those pics of the girls in the cave and hiking. Not sure if they are new to the public though.

 

[MyBelle]

That's wrong. Medicis claimed insurance would pay for all of it, but NOT!

insurance will pay for Medicis' share. The accounting firm is a separate firm from Medicis.

Medicis, its auditor will pay $18 mil to settle suit

‎



http://www.bnet.com/blog/drug-busin...e-alleging-ceo-shacknai-cooked-the-books/9829



The settlement came about because of a negotiation with claimants/investors attorneys. That's probably the only reason that for now there is no a criminal suit. There probably won't be since they already made reparations. It is common in suits like this that the company and executives admit no wrong in lieu of money.

Civil actions have no bearing on whether criminal actions are pursued by the Department of Justice. Criminal actions against publicly traded companies can not be brought by shareholders. As an example, the criminal prosecutions against WorldCom executives for accounting fraud was brought by the U.S. Attorney for the Southern District of New York. The SEC also fined WorldCom $750 million, which was then dispersed to shareholders.

JMO

 

[Mrs. Holmes]

How could it be suspicious? Not for a minute do I believe JS knew even a day in advance that his son would be suffer a fatal fall.

Stock options usually have to be exercised in certain windows and would also be disclosed to the SEC with the company filing a disclosure.

JMO

His own employees had to ring the alarm bell... and I bet they got FIRED... this does go to show that JS had enemies... former employees and shareholders... and then he pays himself $7 Million.... and a week later his son and then girlfriend die. That is suspicious. That is MOTIVE.

This really has to be looked at again. This is new information that needs to be added to the many many reasons the case has to be re-investigated.

 

[MyBelle]

Because the case was closed AND there was no crime committed... the brother in law who is a cop seemed to feel there would be no problem getting the file... except for a delay in the LE response to the request. I think this would come under the Freedom of Information act. But I am not SURE.

As for the family formally asking for a new investigation they will wait until they have everry little bit of evidence gone through with a fine tooth comb before they make that legal request. It's going to take months.

And... as to why they are on TV... MONEY... liscensing for photos etc could help in paying. I had never seen those pics of the girls in the cave and hiking. Not sure if they are new to the public though.

I think the family is in for a long wait for those files if they think they'll just be handed over without a formal request.


JMO

 

[Mrs. Holmes]

If I had shares in Medicis I would be SELLING... their stock could tank Monday. The head of that company JS has some serious BAD energy around him. He just seems so shady with this recent civil action and that weird death of his girlfriend. I would not be leaving my money there.

How long before he is up for criminal doings with the SEC and SDLE for murder? I would give him a year maybe two at best.

How long before he sells that $7 mill of stock and heads for parts unknown where he can access his Swiss bank account?

 

[Mrs. Holmes]

I think the family is in for a long wait for those files if they think they'll just be handed over without a formal request.


JMO

They HAVE made a formal request for the file.

They have not made a formal request to have the case re-investigated. It would only make logical sense to go over the original file and be able to speak to specific areas of concern that they have along wth new information.

 

[MyBelle]

His own employees had to ring the alarm bell... and I bet they got FIRED... this does go to show that JS had enemies... former employees and shareholders... and then he pays himself $7 Million.... and a week later his son and then girlfriend die. That is suspicious. That is MOTIVE.

This really has to be looked at again. This is new information that needs to be added to the many many reasons the case has to be re-investigated.

Motive for what, exactly? It isn't new information because all was filed by the Company with the SEC and is public. Whatever stock options JS receives must be approved by his Board of Directors.

I don't believe a disgruntled investor or employee was responsible for Max's fall.

JMO

 

[MyBelle]

They HAVE made a formal request for the file.

They have not made a formal request to have the case re-investigated. It would only make logical sense to go over the original file and be able to speak to specific areas of concern that they have along wth new information.

bbm. Link, please. Thanks!!

JMO

 

[Mrs. Holmes]

Just about any company that restates earnings ends up getting sued by shareholders because such restatements can result in dramatic stock price drops. Medicis' drop was $125 million in shareholder losses after they restated earnings. The settlement of $18 million is a pittance, considering the large portion that will go to lawyers rather than shareholders.

They were sued not for a "mistake" but because of their accounting method, which is why their accounting firm is part of the lawsuit and settlement. The accounting method wasn't illegal but they decided to stop using it anyway.

JMO

JS went public with his company in 2005 so by 2006 he should have had a handle on things. There is NO WAY this should have gotten past him. Delcaring products that are absolutely being returned by the customer as SOLD and doing it year after year? It is Medicis paying the majority of the fine and the insurance part of it.

And we will see if the Insurance Company actually does pay out. Insurance companies have all sorts of ways of getting around things.