Glock Ex-General Counsel Under the Gun in Racketeering TrialDunwoody lawyer to testify about how he helped defendant siphon millions from global pistol maker.R. Robin McDonald ContactAll Articles Fulton County Daily Report September 29, 2011 ![]() Glock Inc.'s former general counsel goes to trial Oct. 24 in Cobb County Superior Court on theft and racketeering charges related to allegations that he misappropriated millions of dollars from the international firearms maker. Paul F. Jannuzzo, a former New Jersey prosecutor who served as Austria-based Glock's general counsel and top executive in the U.S. from 1991 to 2003, was extradited earlier this year from Amsterdam, where he fled in 2009 shortly before he was scheduled to go to trial on the charges. The indictment accuses Jannuzzo of engaging in a racketeering scheme to siphon corporate funds with the help of Dunwoody lawyer Peter S. Manown, a former senior vice president of the company. Manown, at one time an attorney with the defunct Atlanta law firm Cofer Beauchamp Stradley & Hicks, earlier pleaded guilty to three counts of felony theft and was sentenced on Jan. 7, 2008 to 10 years of probation. He is expected to be the state's primary witness against Jannuzzo. Glock, which manufactures semi-automatic, polymer handguns, supplies firearms to the majority of law enforcement agencies in the U.S. The closely held company is controlled by 82-year-old Austrian founder Gaston Glock. Its U.S. headquarters is in Smyrna, where the firearms are assembled. Jannuzzo's indictment stems from Manown's decision in October 2003 to confess to Gaston Glock that he and Jannuzzo had, for years, skimmed funds from Glock companies in the U.S. and abroad. In October 2009, as Jannuzzo's scheduled trial on theft and racketeering charges was approaching, he jumped bail and fled to Mexico, according to court records. His failure to appear in Cobb County Superior Court on Oct. 23, 2009 led to state and federal warrants for his arrest on charges of flight to avoid prosecution. The FBI and U.S. marshals tracked Jannuzzo to Amsterdam in December 2009. He was extradited to the U.S. last May and is awaiting trial in the Cobb County Jail. Jannuzzo's attorney, Robert H. Citronberg, didn't respond to multiple calls and emails. Cobb County District Attorney Pat Head also declined to discuss the case. When Jannuzzo resigned from Glock in February 2003, he was the company's chief operating officer and general counsel in the U.S. Beginning in 1991, when Glock hired him, Jannuzzo was a visible presence in the national debate over gun control as firearms manufacturers fought restrictions on ownership and sales. He led the industry's defense against a string of product liability suits filed by shooting victims and municipalities, and he became one of its most outspoken advocates. "Paul Jannuzzo was the face of the American gun industry in the late 1990s and the early years of the 21st century," said Richard Feldman, the former executive director of the industry trade association, the American Shooting Sports Council, and a former a Glock consultant. A Villanova graduate who earned his law degree at Vermont Law School in 1982, Jannuzzo spent three years as an assistant county prosecutor in Monmouth County, N.J., before joining McKenna, Liska & Leone in Red Bank, N.J., in 1985. In 1991, Jannuzzo was hired by Glock as general counsel in Smyrna and later given additional responsibility as COO in the U.S. When Jannuzzo left Glock in February 2003, he characterized it as a retirement, telling The Wall Street Journal that he was "in the process of discussing a consulting contract with Glock." According to Jannuzzo's LinkedIn profile, after leaving Glock he worked from April 2004 to Sept. 2008 as chief operating officer and general counsel for CheyTac USA, a Georgia company that manufactures sniper rifles. In response to a query from the Daily Report, CheyTac COO Pat Savanella expressed dismay over Jannuzzo's claims. According to Savanella, Jannuzzo did some consulting work for CheyTac after he left Glock, but was not a corporate officer. She said Jannuzzo was terminated at the end of 2007. Jannuzzo's LinkedIn profile also claims he is currently a principal of Kronstadt Advisory Services Group in metro Atlanta, which provides "management consultant and advisory services to investment banking firms in regard to the defense space and adjacent markets." The Daily Report was unable to verify the existence of Kronstadt. In 2008, more than five years after Jannuzzo left Glock, a Cobb County grand jury indicted him on racketeering charges that included underlying allegations of theft, forgery and obstruction of justice through the use of forged documents, fraudulent billings, cloned bank accounts and fictitious off-shore companies. The indictment specifies the theft of more than $300,000 in corporate funds and accuses Jannuzzo of using company assets without authorization and forging Gaston Glock's signature to make a $1 million loan to a real estate development company with which Peter Manown was affiliated. It also accuses Jannuzzo of guaranteeing, without authorization, a second loan for $3.4 million and fabricating the accompanying loan documents. In an affidavit in Cobb County court filings, Gaston Glock accused Jannuzzo of stealing "millions." The charges against Jannuzzo also include the theft of a .45-caliber LaFrance Special semi-automatic custom pistol that the company said it placed in Jannuzzo's "temporary custody" during his tenure at Glock. The firearm, valued at $2,200, according to court records, was recovered by Smyrna police on Aug. 27, 2007 when Jannuzzo was arrested during an alleged incident of domestic violence at his home, according to Smyrna police. The domestic violence charges were dismissed, police said. If convicted on all counts, Jannuzzo could face up to 20 years in prison. The indictment tracks Manown's confession to Glock's outside counsel in New York, John Renzulli, and, a few days later, to Gaston Glock and his attorney, Johann Quendler, in Austria during the fall of 2003. At that time, Manown described to Glock's founder and counsel how he and Jannuzzo had misappropriated and stolen company funds, according to a 283-page transcript of a proffer that Manown made to Cobb County prosecutors on Oct. 17, 2007. Manown made the proffer as part of a binding plea deal, said his attorney, Bruce H. Morris of Morris & Finestone in Atlanta. Morris said that Manown confessed to Gaston Glock and the company's attorneys in 2003, and that he repaid as much as he could of the funds he had stolen. Manown said in his proffer that he can't remember how much money he siphoned from Glock's corporate accounts, but he recounted multiple instances in which he or Jannuzzo misappropriated monies —a total of more than $5 million. Manown confessed "on his own volition" without counsel because he felt guilty, Morris said."It was eating away at him. He had done something terrible," Morris explained. Morris said that Manown "was led to believe they would not bring criminal charges." But after Manown was contacted by the FBI and began cooperating with the bureau and the U.S. Internal Revenue Service in a what Morris said was then an investigation involving Glock, Morris said he was contacted by Cobb County Assistant District Attorney Christopher Timmons, who told him Glock had accused Manown of theft. Morris said that Manown agreed to plead guilty to theft charges in return for a probated sentence. As part of that deal, Manown gave a proffer of his own role as well as Jannuzzo's alleged participation in thethefts. The following account is taken from Manown's proffer. Manown detailed for Timmons and Glock attorney Renzulli—who handled the bulk of Manown's examination during the proffer—how he and Jannuzzo had misused or stolen corporate funds during their tenure at Glock. Manown said his decision to confess his role in the thefts was precipitated by Jannuzzo's abrupt departure from Glock in February 2003, Jannuzzo's efforts to enlist Manown in a scheme to repay some of the stolen funds and Glock's decision to begin investigating Jannuzzo after the lawyer resigned. Manown said he met with Jannuzzo and Gaston Glock the day Jannuzzo quit at Glock's house in Vinings. Jannuzzo, he said, "rolled in with a stack of files … and threw the things down … and basically said, 'I quit, you son-of-a-bitch.'" Jannuzzo then demanded $4 million, adding that one of Glock's favorite employees was "cleaning out her office because she is quitting, too." That employee, Manown said, was Monika Bereczky, Glock's human resources director, who later married Jannuzzo. "Glock stood up and screamed, 'Why are you doing this to me?' and left the room and went into his bedroom," Manown recalled. He and Jannuzzo then heard a sound like that of a gun being cocked, he said. "Mr. Glock always carries a gun with him," he said. "And I said, 'Paul, did you hear that?' And he patted his heel. He had a holster down there. So I didn't know if we were going to have a shoot-out at the O.K. Corral or what." But when Glock emerged, he wasn't brandishing a gun. He and Jannuzzo "screamed at each other," Manown recalled. "Jannuzzo then left … As he left the stairs … and was walking to his car, he turned around and yelled, 'You're history.' "It turned out that Jannuzzo had had an altercation with Glock's ex-son-in-law at the Glock facility earlier that morning. And that's how he quit," Manown said. Manown added that Gaston Glock apparently had been "getting overly familiar" with Jannuzzo's girlfriend. "And my guess is that Jannuzzo … just thought he had enough of this dirty old man, and I'm out of here. … I'm sure there was more to it, but I think that's what had pushed him over the edge." Manown said he never knew what was contained in the files that Jannuzzo slammed down on Glock's kitchen table because Jannuzzo took them when he left. "I guess it's fair to say that Jannuzzo, and maybe I to some extent, thought we knew where some skeletons of Glock's were, and Jannuzzo was going to use that to quit on his terms, which obviously didn't happen," he said. Two months later, in April 2003, Manown said Jannuzzo called him, asking for money "to repay his share of some money that we had taken"—about $1 million—from a Cayman Island insurance company owned by Glock Inc. called FAIR. "He came to my office and was very concerned about getting it taken care of immediately," Manown said. At the time, Manown said he had received word that Glock's Austrian accountants were preparing to do an audit of the Cayman insurance company. "I think that's why he wanted to get that money back in place," he said. Manown said he "cashed in a number of stocks" to reimburse the insurance company, and then told Jannuzzo to sign a $500,000 promissory note to cover the balance. The $1 million Jannuzzo had sought Manown's help in repaying was originally a loan from the Glock-owned insurance company, FAIR, to BAITA, a firm owned by Swiss investors of which Manown was vice president. It is also the basis for one of the racketeering counts against Jannuzzo, who sat on the insurance company's board. FAIR a captive insurance company, insured Glock's enterprises and was intended to pay any losses or claims on product liability suits brought against them. BAITA had no affiliation with Glock's companies. "BAITA was interested in obtaining a $1 million loan that they would pay back with a good interest rate," Manown said in his proffer. "I'm sure it [the interest rate] was in the high teens. I happened to mention that to Jannuzzo, and he said, 'Look, we have this money sitting in the Caymans. We can make the loan, and we can take some of the interest.' And then it was actually going to be done legitimately." But when the insurance company's manager insisted on having Gaston Glock's approval as well as Jannuzzo's before he would approve the loan, Jannuzzo "signed Gaston Glock's name," Manown said. "I think he [Jannuzzo] probably thought that he had the authorization to do this without Mr. Glock's signature," Manown said. Manown said the insurance company made the loan and, for a time, BAITA made payments on the principal. He said he was paid a commission between $15,000 and $20,000 for securing the loan. He added, "I think Jannuzzo and I siphoned off some of the interest." Eventually, said Manown, BAITA wasn't able to make the payments. Manown said that assets from another Glock subsidiary—a company known as Consultinvest in which Manown and Jannuzzo were both directors—were used to guarantee another $3.4 million BAITA loan associated with BAITA's development of a Florida shopping center in 2002. The two Glock executives split the fees they were paid to arrange the loan, according to Manown, who said his share was $400,000. Five months after Jannuzzo signed the promissory note to cover for the $1 million loan from FAIR, Johann Quendler—Glock's Austrian general counsel and the president of Glock's parent company in Austria—warned Manown that the company had begun investigating its former U.S. general counsel. At the time, Jannuzzo was continuing to seek a settlement with Glock associated with his departure, including his demand for $4 million and a consulting contract, according to Manown. Glock's investigation included tapping Jannuzzo's telephones, monitoring his email correspondence and having him followed by detectives, Manown said. Manown said Quendler told him that some emails Jannuzzo had sent to him had been intercepted, and Quendler warned Manown to cut off all contact with Jannuzzo. "I just snapped," Manown recalled. "I didn't sleep for three days, and I couldn't think of anything for five seconds other than how to get out of this." On Oct. 24, 2003, Manown placed a call to Renzulli, Glock's outside counsel in New York, to confess. Manown said that he and Jannuzzo also skimmed money from other Glock deals. In one case, he explained, "Gaston Glock was willing to pay $7.7 million to get a property … that would have been available for $7.5 million. And I think Jannuzzo and I were at lunch, and just saying, 'Boy, it would be nice to somehow have him happy paying his price, but make some money at the same time. … What ultimately happened was the [real estate] closing occurred and we … put pressure on the broker to share some of his commission." Jannuzzo hasn't countered Manown's allegations in court filings. But an undated email from Jannuzzo to Manown (addressed to "Dear Shit for Brains") that was included in Manown's proffer, mocked Manown as "the man with all the keys to all the accounts" and Gaston Glock's "mouthpiece." "You kind of work your life around the Goebbels' rule do you not?," he wrote—a reference to Joseph Goebbels, Adolf Hitler's propaganda chief. "Tell a lie, retell it, keep telling it and it becomes the truth. [At] least it does to your cowardly warped mind." "The amount of people you have dragged into this morass of yours, the amount of mud you have slung at totally innocent and unaware people is mind boggling, Jannuzzo wrote. "I still imagine you are as stupid as I thought you were. I just never realized you had the capability to be so sneaky. I guess when one is lazier than shit that is what happens, what do you think, true or false? "Go Screw Yourself You Lazy Worthless Piece of Shit." Manown has said he stashed most of the money he stole while working for Glock in a bank in the Cayman islands, where he said Jannuzzo also had an account he used for similar purposes. "I wasn't buying anything," Manown said when asked to explain what happened to the money he stole. "My lifestyle hasn't changed in 30 years, and I don't have much money in the bank because of what I gave back to Glock. I don't know where it went … but I sure didn't acquire a lot of antiques or assets or property with it. … I guess here and there, maybe we would go out to dinner more often than if I didn't have it. " Jannuzzo, according to Manown, may have used some of the stolen funds to buy property in Cherokee County as well as an Atlanta condominium. "He's also had a lot more expenses than I have at this point," Manown explained. "He's got three little girls living with his second wife, and he's got financial obligations. He added: "I knew he was doing a lot with stocks. … I think that he plays the stock market." Asked by Glock attorney Renzulli why they took the money, Manown replied, "I'll tell you why. … I'll say it as concisely as I can. Glock is not Snow White. He's got a lot of skeletons. He's done, in my mind, a lot of things that are much worse than what Jannuzzo and I did. He makes roughly $200,000 a day, him personally. …He's just a bad guy, and with all this money laying around, he needed it like a hole in the head, and we just, you know, we let greed and our ethical standards slip … It wasn't like we were stealing from Mother Theresa. We were stealing, in my mind and in Jannuzzo's … from a bad guy." And, he added, '"It was so easy. There was so much money flying around in this company, in this industry. It was like Monopoly money." Asked about Manown's allegations regarding Gaston Glock and his companies, Renzulli told the Daily Report he had no comment. Carlos Guevara, Glock's general counsel in Smyrna, couldn't be reached. But during the proffer, Renzulli took issue with Manown's allegations about Gaston Glock. "I want to make something clear to you," Renzulli said. "I don't think he [Gaston Glock] is a bad guy. And even if he was bad guy, where I grew up that doesn't mean you can steal money from this guy. "I take offense that you would use this as a defense," he continued. "The problem is, you just said on the record that Mr. Glock is a bad guy, he is an illegal guy, he bribes people and all that." Glock's outside counsel played 'most unusual' role lawyers say they can't recall a case where attorney for alleged victim conducted a proffer meeting http://www.dailyreportonline.com/Editorial/News/singleEdit.asp?origin=EmailRefer&l=101329722031 When a former executive at firearms maker Glock Inc. in Smyrna confessed that he had misappropriated millions in company funds, a Cobb County prosecutor asked Glock's lawyer to conduct the formal debriefing that was a condition of the executive's plea deal.The participation by Glock's outside counsel, New York attorney John F. Renzulli, at the formal interview of ex-Glock vice president Peter S. Manown on Oct. 17, 2007, was "most unusual," said Bruce H. Morris, Manown's defense lawyer.Morris said it was the first time in 37 years of practice that he saw an attorney representing a crime victim participate in—let alone conduct—a debriefing, or proffer, prior to a plea.According to a transcript of the daylong meeting at the offices of the Cobb County district attorney, Renzulli used his spot at the head of the table to inquire about an apparent federal investigation of his client, Glock. He also sought information the company potentially could use in civil litigation to recover stolen assets from Manown—one of several lines of inquiry to which Morris objected.In one instance, Christopher W. Timmons, the Cobb assistant district attorney who'd handed the meeting over to Renzulli, had to intervene when Renzulli aggressively challenged Manown after the former executive suggested that company founder Gaston Glock had been involved in criminal activity.Timmons did not follow up withquestions of his own about crimes that Manown attributed to Glock. But he did attempt to redirect the inquiry."Whoa, whoa, whoa," Timmons said. "OK, gentlemen. I'm sorry we are getting a little far afield of what the proffer is here for.""The problem is you just said on the record that Mr. Glock is a bad guy, he is an illegal guy, he bribes people and all that," Renzulli told Manown."Well, I know that," the defendant replied. "I did some of them for him, John."Timmons told the Daily Report recently that he let Renzulli run Manown's debriefing prior to his plea because "Mr. Renzulli had done the investigation in the case. … Accordingly, it was more efficient for Mr. Renzulli to do the questioning and the proffer."Cobb County District Attorney Patrick H. Head declined to comment on Renzulli's involvement.Three veteran Atlanta defense lawyers contacted by the Daily Report said Renzulli's participation in Manown's proffer raised serious questions about the district attorney's role in a criminal prosecution. "It is unheard of for the alleged victim's lawyer to conduct the proffer," said Steven H. Sadow. "This is supposed to be a government action with the prosecutor controlling the course of the investigation. … To allow an outsider to conduct the proffer seems to put it in a posture where impartiality goes out the window.""If you're a local prosecutor and you're investigating allegations of theft, and, in course of your investigation, you learn that either a subsidiary or the parent company is involved in international wrongdoing … you might be interested in exposing that for many different reasons," Sadow continued. "Of course, Glock is not interested in exposing it for one second. Their only interest is to punish people stealing from them. They don't want the rest of the information to get out because it doesn't make Glock look particularly good."B.J. Bernstein, a local prosecutor for six years before she switched to criminal defense, expressed similar dismay. The participation of an alleged victim's counsel in a proffer, she said, "is a clear conflict … because now you've got a lawyer who is acting as counsel for the alleged victim and has his own agenda separate and apart from the person who is sworn to find out fully what has happened and not manipulate the information for the victim's benefit."Suggesting that Cobb prosecutors may have been "derelict in their duties" if they turned Manown's proffer over to Glock's attorney because they knew too little about the allegations, Bernstein added: "It's very disturbing to think that a complicated civil fraud case is presented to a grand jury that those grand jurors believe has been vetted and looked at by a district attorney."Wilmer "Buddy" Parker III, who spent years as an assistant U.S. attorney prosecuting white collar crime cases, said Cobb prosecutors essentially abdicated their role in the process.Parker said he doesn't think Renzulli's participation in the proffer would necessarily undermine the validity of a grand jury indictment based on that proffer, but "I could fairly question whether or not there was any independent prosecutorial work being performed."But Douglas County District Attorney J. David McDade, the president of the District Attorneys' Association of Georgia, defended the practice. He said that as long as Cobb prosecutors were not being obstructed by Glock's lawyer, they have a right to reach out to and rely on any resource they may find helpful in building a criminal case.Although prosecutors "would have to be cautious and use appropriate safeguards to make sure the proffer was not limited or filtered inappropriately by the corporate victim," McDade said, "I am very supportive of their process as long as they are not delegating or abdicating their authority as a prosecutor to get to the truth, and they are not being improperly infringed or obstructed by Glock."Particularly in prosecuting a complex criminal case involving an international corporation "with tentacles reaching out across the globe," McDade said that "to have the assistance of the corporate victim to assist me in debriefing one of its employees who has confessed to international embezzlement is not only appropriate but something I would require to get all the details. … If confronted with the same circumstances, I would find it totally appropriate to invite and request the assistance of the victim … so long as the prosecution does not shift to the corporate victim the authority or responsibility to make prosecutorial decisions."Asked to comment for this story, Renzulli said, "This case has to be, ought to be, tried in a court of law, not in a newspaper."Decade of intrigueManown's 2007 proffer, and Renzulli's role in it, occurred in the context of a decade of intrigue surrounding Gaston Glock's international firearms empire. In 1999, Glock survived an assassination attempt by a trusted confidant, Charles Marie Joseph Ewert, who had tried to take control of Glock's enterprises.Gaston Glock then commissioned former Atlanta federal prosecutor James R. Harper III to trace and reclaim at least $80 million in funds that Ewert had stolen. But Glock subsequently accused Harper of stealing more than $3 million—legal fees that Glock's companies had paid to Harper and his 16-member team of investigators.Glock's allegations, which were reported to Smyrna police in 2007, four years after Harper's investigation ended, prompted a Cobb County grand jury in January 2010 to indict Harper and two local team members on racketeering charges that included underlying allegations of fraud, theft, money laundering, extortion and making false statements to local police. That case is awaiting trial.In late 2003, the same year Harper's investigation ended, Manown contacted Renzulli to confess that he and Paul F. Jannuzzo—Glock's general counsel and CEO who had abruptly resigned earlier that same year—had been stealing millions from Glock's multiple corporate holdings.Morris, Manown's lawyer, told the Daily Report that "Glock had initially said it would not prosecute."So, Manown "was very surprised and disappointed that there was a criminal investigation," Morris said. "When he voluntarily went to New York and confessed, he said, 'I did this. I'm sorry. I hope that you will allow me to pay back what I took and not prosecute me.' He was led to believe they would not bring criminal charges against him. But they did."Manown's deal included an agreement that his subsequent guilty plea on three counts of theft would result in probation, a promise to surrender his Georgia bar license for the 10-year term of his probated sentence and an agreement to testify in any related criminal cases.Also part of the deal was Manown's proffer, during which a defendant is expected to take the opportunity to tell prosecutors, under a shield of immunity, about other crimes he or she may have committed or may know about.Based largely on Manown's confession and subsequent guilty plea to theft charges, a Cobb grand jury in 2008 indicted Jannuzzo on racketeering and theft charges. A trial on those charges had been scheduled to begin Monday but was recently postponed until Feb. 21, 2012.'A ton of knowledge'Before taking Manown's proffer, Cobb ADA Timmons called Morris to notify him that he wanted Renzulli present."At the time, the assistant district attorney asked if he [Renzulli] would be present because he was more familiar with the facts than the assistant district attorney," Morris said. "My client had no objection."Near the beginning of Manown's proffer, Timmons said on the record that he had "taken the unusual step" of allowing Renzulli to question Manown under oath in what he characterized as cases against Manown and potential cases against Jannuzzo and Harper."The reason why we are doing that is that Mr. Renzulli has a ton of knowledge about this case, and I frankly don't have time to get up to speed enough in order to ask you the educated questions that I need to be able to ask you," Timmons said, according to the transcript.Renzulli, who earned his law degree at New York Law School, has for more than a decade represented Glock and other gun manufacturers, defending them in high-profile product liability cases that have unsuccessfully sought to hold them accountable for instances of gun violence. In Georgia, Renzulli has defended Adventure Outdoors in Cobb County in a suit brought by New York Mayor Michael Bloomberg over allegedly illegal sales of weapons that were later used in New York crimes.'Glock is not Snow White'During the proffer, Renzulli acknowledged that he and Manown "go back a long while," and Manown repeatedly addressed Renzulli as "John."But the surface cordiality vanished when Manown suggested that Gaston Glock also may have engaged in criminal activities.As Manown explained why he had begun stealing from the company, he said, "Glock is not Snow White. He's got a lot of skeletons, He's done, in my mind, a lot of things that are much worse than what Jannuzzo and I did. … He bribes people. He's just a bad guy."It wasn't like we were stealing from Mother Theresa," he told Renzulli. "We were stealing, in my mind and in Jannuzzo's, and maybe in yours, from a bad guy."Renzulli interrupted. "I want to make something clear to you," he said. "I don't think he's [Gaston Glock] a bad guy. And even if he was a bad guy, where I grew up that doesn't mean you can steal money from this guy.""I take offense … to know you use this as a defense."At that point, ADA Timmons intervened.But at the time, he did not ask Manown to elaborate on the bribery allegations. Nor did he seek additional information from Manown when the former Glock executive suggested that Glock may have been involved in other potentially illegal activities.After Jannuzzo resigned from the company, Manown said, Gaston Glock became suspicious of both Jannuzzo and Harper and had begun "having Jannuzzo and Harper tailed by detectives, and he's having their phones tapped and their emails monitored."Wiretapping without a court order is illegal in Georgia.Manown said he had been alerted to the wiretaps by Glock's Austrian general counsel, Johann Quendler, who warned him that several calls to Manown had been intercepted. "Don't have any conversations more with Jannuzzo or Harper," Manown said he was told.During the proffer, Manown also suggested that Gaston Glock may have circumvented federal campaign laws by channeling company funds to Jannuzzo, who would then distribute the funds to close associates, including Manown and his wife and other Glock insiders to donate to politicalcampaigns in Georgia and elsewhere."And this was all done, John, with Mr. Glock's blessing," Manown said. "I think one of the items that Paul thought that he could hold over Mr. Glock's head was this issue of political contributions."No allegations involving illegal campaign contributions have appeared in any of the Glock-related indictments in Cobb County. During the proffer, Timmons apologized for his "complete ignorance of campaign finance laws."Interest in Harper, fedsDuring Manown's proffer debriefing, Renzulli also showed a decided interest in obtaining information from Manown about a federal investigation involving Glock, specifically a grand jury subpoena sent to Glock on May 21, 2003, and, in 2007, Manown's eight-hour debriefing by the FBI.Renzulli questioned Manown repeatedly about the extent of Harper's contacts, and Manown's, with the FBI and the U.S. attorney in Atlanta following Harper's investigation for Glock. He also inquired about the origin of the subpoena, which sought bank records, business records, investment records, property appraisal reports, computer and hard drive disks associated with six of Glock's companies.Renzulli sought to link the issuance of the subpoena to Harper's efforts to collect an estimated $1.8 million in outstanding legal bills that Glock owed him the month the subpoena was issued."I'm trying to jog your memory," Renzulli said at one point when Manown said he didn't recall talking either to Gaston Glock or Quendler about the subpoena."Didn't Mr. Harper want a meeting with Mr. Glock or Dr. Quendler to discuss his fees around this time? And didn't you contact Mr. Glock and Dr. Quendler two days after this subpoena was issued? There was [sic] a number of conference calls that were going back from New York to me, to you, to Quendler, to Glock about this subpoena? Do you remember that?""I, honest to God, I don't," Manown replied."Just a little bit?" Renzulli pressed. "Just a little bit? … Do you recall that Harper wanted that meeting, that this subpoena had been sent to Glock, Inc., and Mr. Glock said, 'I'm not negotiating with anyone while this subpoena is out there?'""I could picture him saying that," Manown replied. "I don't remember it, but I'm sure it could have happened.""Did you guys get grand jury subpoenas a lot?" Timmons asked."I sure didn't," Manown replied. "It's the only one I've seen before."Renzulli persisted, eventually getting the answer he sought."I want to just ask a very pointed question about the grand jury subpoena that we talked about," he said. "Is there any doubt in your mind, Mr. Manown, that grand jury subpoena that was faxed to Glock Inc. in 2003 was precipitated by Jim Harper?""No," Manown replied."And there is no doubt in your mind that Mr. Harper was attempting to use that subpoena to apply pressure on Glock to pay the bills that Harper thought Glock owed him, correct?"I believe that's the case, yes," Manown said.But when Renzulli attempted to question Manown about interviews that Manown had given to the FBI in 2007—before Cobb's prosecution of Manown began—Morris shut him down."I'm going to ask him not to go into any substance or conversation that he had with the FBI," Morris said. "That was pursuant to the confidential agreement.""Was part of that agreement, Bruce, that it would not be available to the state or anybody else in prosecuting or [who] will prosecute Mr. Manown?" Renzulli asked."Actually the agreement is in writing," Morris said, "and the document will speak for itself."Renzulli also repeatedly sought to persuade Manown to implicate Harper in his crimes. But while Manown readily implicated Jannuzzo, he also insisted that Harper likely knew little if anything about his company thefts or Jannuzzo's alleged participation."I do know that Jannuzzo and I tried not to let Harper know what we were doing," he said. "We would never voluntarily go to Harper and let him in on things.""Harper, for all his faults," he added later, "is an incredibly religious guy, and you can interpret that the way you want to. But I'm not sure he's really, he would have been capable of doing what Jannuzzo and I did."Morris said that while Manown will likely be called as a witness to testify against Jannuzzo at his trial, he does not anticipate he will be called to testify in Harper's case. "The things that Peter Manown has pled guilty to Harper did not know about," he said.Harper's attorney, Donald F. Samuel, called any suggestion that Harper orchestrated the issuance of a federal grand jury subpoena "preposterous," although he added, "Apparently it's not that hard for a lawyer to orchestrate a Cobb County indictment. That's exactly what he [Renzulli] was doing on behalf of Glock."Samuel also questioned Cobb prosecutors' decision to allow Renzulli to question Manown during his proffer. "I'm not going to go so far as to say they did anything wrong," Samuel said. "I don't necessarily think that." But, he continued, "it concerns me that they deferred so much to the private lawyer and to Glock in preparing the whole criminal case because of the risk … that the DA knows less about the case than he ought to.""There are all kinds of obligations on part of DA that not true for a private attorney," Samuel continued. "A private party's attorney wouldn't necessarily feel obligated to tell prosecutors about weaknesses in his case nor does he have a legal obligation to do that." Nor would a private lawyer have the obligation that the prosecutor has to turn over exculpatory evidence to a defendant, he explained.Private lawyers, he said, "don't have that kind of mind-set … which is why we have public prosecutors in this country rather than private prosecutors. … It's why we don't allow victims to prosecute criminal cases." Glock's Secret Path to ProfitsIt's the largest supplier of handguns to law enforcement in the U.S. But behind its success lies a troubling tale of business intrigueBy Paul Barrett, Brian Grow and Jack Ewing Gaston Glock, an Austrian manufacturer of shovels and knives, had an improbable dream: He would make a fortune selling handguns in America. In the early 1980s, Glock, a self-taught firearm designer, produced an innovative pistol for the Austrian military. He then devised a plan for promoting his invention in the U.S., the world's richest gun market. First, he'd persuade American police they needed a lightweight weapon with more ammunition than traditional revolvers. Then he'd use his law enforcement bona fides to win over private gun buyers. The strategy succeeded spectacularly. By the late 1980s, major police departments across the U.S. wanted more firepower to combat crack-cocaine violence. Glock had the answer. No less impressed, street gangsters adopted the squared-off Austrian handgun as an emblem of thuggish prestige. Hip-hoppers rapped about Glocks; Hollywood put the pistol in the hands of action heroes. Gaston Glock shouldered past the storied American brand Smith & Wesson (SWHC) to make his creation the best-known police handgun in the U.S., and probably the world. When American soldiers hauled Saddam Hussein from his underground hideout in 2003, the deposed Iraqi ruler surfaced with a Glock. Today the company claims 65% of the American law-enforcement market, an amazing accomplishment for a privately held manufacturer based in tiny Ferlach in southern Austria. U.S. fans celebrate "Glockmas," the 80-year-old founder's July 19 birthday. U.S. sales soared 71% in the first quarter of its 2010 fiscal year, largely due to what gun executives call the "Obama stimulus": fear among gun owners that the liberal President plans to curb the marketing of handguns. Gaston Glock played on that anxiety in an open letter to customers in January. "As shooters and gun owners, we must band together with even greater zeal than in the past," he wrote. "We are not going to roll over and have our guns taken away because of some of our misguided neighbors, no matter who they are." Behind the Glock phenomenon, however, is another story, one rife with intrigue and allegations of wrongdoing. The company's hidden history raises questions about its taxpayer-financed law-and-order franchise. Is this a company that deserves the patronage of America's police? Does Glock merit the lucrative loyalty of private American gun buyers? The Glock tale also underscores the difficulty U.S. regulators have overseeing complex international businesses. CLAIMS OF SKIMMINGAllegations of corruption permeate Gaston Glock's empire. His former business associate, Charles Marie Joseph Ewert, now resides in a prison in Luxembourg, having been convicted in 2003 of contracting to have Glock killed. The murder plot—thwarted when the victim, then 70, fought off a hammer-wielding hit man—led to a trial that revealed a network of shell companies linked to Gaston Glock. That corporate web is now under scrutiny by the U.S. Internal Revenue Service, according to lawyers familiar with the probe. Attorneys for Glock have acknowledged the misuse of company funds. But they blame most of the wrongdoing on Ewert, a money man known in the European press as "Panama Charly." Among the Glock-related material the IRS allegedly is examining: boxes of invoices and memos provided by the company's former senior executive in the U.S., Paul F. Jannuzzo. Once one of the most prominent gun industry executives in America, Jannuzzo said in a federal complaint he filed last year that Gaston Glock used his companies' complicated structure to conceal profits from American tax authorities. "[Glock] has organized an elaborate scheme to both skim money from gross sales and to launder those funds through various foreign entities," Jannuzzo alleged in the sealed May 12, 2008, IRS filing, which BusinessWeek has reviewed. "The skim is approximately $20.00 per firearm sold," according to the complaint. Glock's U.S. unit, which generates the bulk of the company's sales, has sold about 5 million pistols since the late 1980s, Jannuzzo estimates in an interview. Glock’s Secret Path to ProfitsSeptember 11th, 2009You can’t even shake a stick at all the weird stuff in this one. Via: Business Week: Allegations of corruption permeate Gaston Glock’s empire. His former business associate, Charles Marie Joseph Ewert, now resides in a prison in Luxembourg, having been convicted in 2003 of contracting to have Glock killed. The murder plot—thwarted when the victim, then 70, fought off a hammer-wielding hit man—led to a trial that revealed a network of shell companies linked to Gaston Glock. That corporate web is now under scrutiny by the U.S. Internal Revenue Service, according to lawyers familiar with the probe. Attorneys for Glock have acknowledged the misuse of company funds. But they blame most of the wrongdoing on Ewert, a money man known in the European press as “Panama Charly.” Among the Glock-related material the IRS allegedly is examining: boxes of invoices and memos provided by the company’s former senior executive in the U.S., Paul F. Jannuzzo. Once one of the most prominent gun industry executives in America, Jannuzzo said in a federal complaint he filed last year that Gaston Glock used his companies’ complicated structure to conceal profits from American tax authorities. “[Glock] has organized an elaborate scheme to both skim money from gross sales and to launder those funds through various foreign entities,” Jannuzzo alleged in the sealed May 12, 2008, IRS filing, which BusinessWeek has reviewed. “The skim is approximately $20.00 per firearm sold,” according to the complaint. Glock’s U.S. unit, which generates the bulk of the company’s sales, has sold about 5 million pistols since the late 1980s, Jannuzzo estimates in an interview. A burly man with a staccato delivery, Jannuzzo has several potential motives for airing these allegations. As a whistleblower, he is seeking a percentage of any federal tax recovery. He is also fighting embezzlement charges by his former employer. Since 2007, the company has been providing information about Jannuzzo to authorities in Cobb County, Ga., where Glock’s American subsidiary is based.The Cobb County District Attorney’s Office is prosecuting Jannuzzo—who once represented the company at a White House Rose Garden ceremony and on CBS’ (CBS) 60 Minutes—for siphoning corporate money into a Cayman Islands account. Jannuzzo, who left the company in 2003, claims he’s the victim of a vendetta. Speaking on behalf of the company and Gaston Glock, Carlos Guevara, the general counsel of Glock Inc. in the U.S., said in a written statement: “Glock has acted lawfully and properly throughout its history. Unfortunately, Glock was victimized by several former employees and fiduciaries,” including Ewert and Jannuzzo. “The Glock companies are exceptionally well-run and managed. Glock’s tax filings and reporting are accurate.” Still, eyebrow-raising goings-on appear to have been standard at Glock. After the attempt on Gaston Glock’s life, an internal investigation conducted at his instruction turned up documents apparently showing that a Glock affiliate in Panama helped in 1995 to start a bank called Unibank Offshore in the Turkish Republic of Northern Cyprus. Unibank’s co-founder was an alleged money launderer named Hakki Yaman Namli. In the U.S., Jannuzzo and another former Glock executive, Peter S. Manown, have claimed that for years they distributed company funds to their wives and Glock employees with the understanding that the money would be donated to congressional candidates—an apparent violation of U.S. election law. The ex-executives, who say they acted with Gaston Glock’s approval, have estimated the total amount in the hundreds of thousands of dollars. Buttressing this allegation are ledger entries and cancelled checks. Guevara, the company lawyer, said: “Glock has never authorized, and would never authorize, any act that would violate U.S. campaign finance laws.” Glock’s political and public relations activities in the U.S. sometimes have tended toward strangeness. Internal records show payments of thousands of dollars a month over several years to a gun industry lobbyist named Richard Feldman. In interviews, Feldman says that at Gaston Glock’s request he spent some of the money in 1999 and 2000 to arrange U.S. appearances by Jörg Haider, then the leader of Austria’s anti-immigrant, far-right Freedom Party. Glock has been described in Austria as a political supporter of Haider, although the arms maker has sued both an Austrian newspaper and a politician there for making that claim. The arrangements Feldman says he worked on included Haider’s attendance at a January 2000 banquet in New York honoring the birthday of slain civil rights leader Martin Luther King Jr. The King dinner, sponsored by the Congress of Racial Equality, received media coverage because Hillary Clinton criticized her then-rival for a New York Senate seat, Rudolph Giuliani, for attending the celebration Haider present. Before he died in a car accident last year, Haider stirred controversy, according to media reports, for praising the “character” of elite Nazi SS troops and the “employment policy” of Adolph Hitler. “Glock urged me to help Haider overcome some of the [image] problems,” says Feldman. The lobbyist says he thoroughly researched the situation to satisfy himself that neither Glock nor Haider ever supported the Nazi cause. “There were loose statements [by Haider] that were blown out of proportion,” he says. Glock’s Guevara did not respond to questions about the company’s or Gaston Glock’s relationship with Haider. … In recent years, the gun company’s U.S. operation has been rattled by scandal. Local authorities in Georgia have prosecuted Jannuzzo and fellow former executive Peter Manown at the behest of their former employer. On Oct. 18, 2007, Manown, an attorney who handled many of Gaston Glock’s personal matters in the U.S., testified that he and Jannuzzo had embezzled company funds and funneled the money to accounts in the Cayman Islands. He said the pair also skimmed money from Glock real estate transactions. And Manown said he and Jannuzzo had withdrawn more than $500,000 from Glock accounts for political campaign contributions from 1993 to at least 2003. The executives put some of that cash in their own pockets, he testified. “There was so much money flying around in this company,” Manown said. “It was like Monopoly money.” He recounted confessing his transgressions privately to Gaston Glock back in 2003 and repaying some of the stolen money. The former Glock executive pled guilty in 2008 to theft and received a suspended 10-year sentence. In connection with the campaign contributions, Manown testified that Gaston Glock knew what his underlings were doing: “This was all done with Mr. Glock’s blessing.” Manown said he and Jannuzzo would withdraw cash for political contributions from a Glock account at the since-closed Summit Bank (SBGA) in Atlanta. Sometimes the Glock executives withdrew “$9,000 so it would stay under the reporting radar of the bank,” Manown said. He was referring to the federal anti-money laundering rule that requires banks to report to the Treasury Dept. any cash withdrawal of $10,000 or more. Purposely evading the requirement is a federal crime punishable by up to five years in prison. Manown went on to explain that he and Jannuzzo at times wrote checks on the Glock account to themselves and to their wives. Jannuzzo later “spread [some of the money] around [to] other people at Glock,” with the understanding that they would use the funds to make political contributions, Manown added. He kept a handwritten ledger of many of the withdrawals. A Nov. 1, 2000, entry shows $60,000 designated for “Bush election campaign per GG and PJ 4 RF.” GG apparently is Gaston Glock; PJ, Paul Jannuzzo; and RF, Richard Feldman, the lobbyist and consultant. The Cobb County District Attorney’s Office declined to comment on any “matters related to open cases.”
More than $3 million in disputed legal bills are at the heart of the racketeering indictment of an attorney who spearheaded an international investigation for firearms maker Glock Inc.The Cobb County grand jury indictment accuses James R. Harper III—a 1998 Republican candidate for attorney general in Georgia, a former U.S. Marine Corps prosecutor and an eight-year veteran of the U.S. attorney's office here—of racketeering, theft, wire fraud, mail fraud, money laundering, extortion and making false statements to local police. Atlanta attorney Jeffrey L. Pombert and Marietta accountant Jerry W. Chapman have been named as Harper's co-defendants in the indictment. If convicted, each man faces 20 years or more in prison.Glock's former U.S. general counsel and chief operating officer, who hired Harper in 2000, has been indicted separately in Cobb on charges that he misappropriated millions of dollars from Glock—which has its U.S. headquarters in Smyrna—in a case apparently unrelated to Harper's.(See Sept. 28 story on DailyReportOnline.com, "Glock ex-counsel under the gun.")Harper's lawyer, Donald F. Samuel, has characterized the indictment as "a billing dispute" in which prosecutors have taken the extraordinary step of filing criminal charges. Cobb District Attorney Patrick H. Head wouldn't comment on the case, but his office's pleadings have labeled money transfers from Glock accounts to Harper as "repeated thefts and attempted thefts," claiming that Harper's team of investigators "diverted and attempted to divert Glock funds to their own personal use and control."Glock Inc.'s general counsel, Carlos Guevara, didn't return calls for comment. But a 2007 affidavit by now 82-year-old company founder Gaston Glock links Harper's indictment to what he said were padded or bogus bills submitted by Harper and his team. In an affidavit, Glock claimed that Harper had "engaged in a scheme of gross overbilling for services performed and even billed for services not performed"Harper told the Daily Report that the charges are "Duke Lacrosse II without the girls"—a reference to unfounded rape charges filed against members of Duke University's lacrosse team by a prosecutor who was later disbarred.Harper was hired by the international firearms company in 2000 after a high-ranking Glock executive arranged the failed assassination of Gaston Glock, the inventor of the pistol that bears his name. Glock survived the 1999 assassination attempt in Luxembourg, fending off his attacker not with one of his famous pistols but his fists.After Glock retained him, Harper pulled together a 16-member international team of attorneys, accountants, investigators and former law enforcement officers to assist him in tracing and reclaiming at least $80 million in corporate funds that trusted Glock confidante Charles Marie Joseph Ewert of Luxembourg, who was behind the assassination attempt, had misappropriated. Harper and his team ended their investigation two weeks after Ewert was convicted in Luxembourg of Glock's attempted murder and sentenced to a 20-year prison term.Glock executives dubbed Harper and his investigators "The A-Team" after a 1980s television series about a team of former U.S. Army Special Forces soldiers who worked as mercenaries while on the run for a crime they didn't commit.The Cobb charges against Harper and his co-defendants have their roots in a four-day review in 2003 by Glock's Austrian auditors of the team's legal bills and expenses for the Ewert investigation, which lasted nearly three years, according to transcripts of two pretrial hearings last year. The resulting 11-page audit examined $3.1 million in legal fees and expenses that Glock paid to Harper and his team as well as another $1.8 million in outstanding bills that Glock still owed but has never paid.During the audit, Glock's auditors decided to convert the $3.1 million in paid bills from business expenses to accounts receivable—a maneuver that reclassified everything Harper and his team had been paid during the investigation to a company debt. However, the company never demanded repayment from Harper, Glock's auditor testified last year."Every penny was reclassified as an amount receivable," according to a transcript of the auditor's testimony.When pressed by Harper's attorneys at that hearing, the auditor said the conversion of Harper's bills to a corporate debt was not based on any finding of misconduct by Harper or his team.Harper's attorneys, who had the audit by Glock auditors translated from German and introduced as evidence, say the audit and the legal bills it reviewed confirm that Harper documented his expenses and submitted meticulous, detailed bills. As Glock paid the bills, the lawyer would use those funds to pay his team—financial transfers that, according to defense pleadings, have become the basis of some of the indictment's theft charges.Glock auditors said that Harper's team ended its investigation at Glock's behest on March 31, 2003. But the indictment suggests that Harper's departure from Glock coincided with what Gaston Glock claimed four years later was Harper's threat in May 2003 to sue Glock over $1.8 million in unpaid legal bills stemming from the investigation. Glock complained in his affidavit that Harper had attempted to collect "fees which he did not earn" during a meeting on May 16, 2003, when Harper allegedly informed John F. Renzulli, Glock's outside legal counsel in New York, that he intended to sue and showed him a draft complaint. The Cobb indictment says that Harper was fired the same day.Four years later, an attorney for the firearms company filed a report with the Smyrna Police Department alleging the theft of Glock funds. It would be another three years—January 2010—before Glock's claims would result in an indictment.Samuel has expressed bewilderment that what he calls a billing dispute could result in criminal racketeering charges. Threatening to sue for nonpayment of fees, Samuel has said in pleadings, "does not constitute the crime of theft (or attempted theft).""Indeed," Samuel wrote, "it would be a strange turn of events if the court were to hold that when two parties to a dispute come to the court to resolve the controversy, the losing party can be held culpable as a thief. … If the court were to hold that sending a proposed lawsuit to an adversary is an 'attempted theft,' the impact on civil litigators would be mind-boggling."In his affidavit, Gaston Glock said that Harper never sued Glock for his unpaid fees.Five days after Harper met with Renzulli, a federal grand jury in Atlanta issued a subpoena for bank records, accounting and business reports, property appraisal reports and computer hard drives and disks for Glock companies in the U.S. and Hong Kong. Gaston Glock said in his affidavit that he suspected Harper was behind the subpoena and he refused to respond to it, claiming that the subpoena and Harper's draft civil suit were "a two-pronged attempt to collect fraudulent fees from me and my companies which were not due and owing."Gaston Glock said the U.S. attorney in Atlanta never sought to compel production of the subpoenaed documents.The dispute over the unpaid legal fees eventually led Harper friend and co-defendant Chapman to make a heavy-handed attempt to collect the outstanding bills. The firearms company responded by pressing extortion charges against him in Gwinnett County in 2004.Chapman informed Glock he had kept every document that came through the team's office and recorded most of the meetings he attended. Suggesting that the IRS and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (which regulates the firearms industry) might be interested in his information, Chapman wrote: "Now I realize that I can use the information to vindicate Jim, generate the funds you refuse to rightfully pay him, and penalize you … for the way you treated him [Harper].""I have been working on the 'story' for seven months and I believe it will not only be a best seller, but will expose you and your organization to many questions," he added.Chapman has entered a first offender plea in Gwinnett County and is on probation, said his attorney Kimberly K. Frye."Mr. Chapman has taken responsibility for his actions in connection with this investigation," she continued. "He has entered a not guilty plea to all the RICO charges. He has no intention of entering any guilty plea to charges in Cobb County."The Cobb case, she said, "is a civil dispute over fees being prosecuted in criminal court."Co-defendant Pombert's attorney, Janice A. Singer-Capek, could not be reached for comment.The Harper case coincides with charges against former Glock GC and U.S. chief operating officer Paul F. Jannuzzo, who left the company in February 2003, shortly before the audit that eventually led to the charges against Harper. Jannuzzo fled the country after being indicted in 2008 by a Cobb grand jury in connection with an alleged scheme to misappropriate millions of dollars in Glock funds. He wasapprehended in Amsterdam in December 2009 and is in Cobb County jail awaiting trial.Peter S. Manown, a disbarred Dunwoody attorney, has pleaded guilty to his role inthe fraud scheme and is a key witness against Jannuzzo, according to Manown's attorney, Bruce H. Morris of Finestone & Morris.Manown said in a proffer that he gave to Cobb prosecutors in 2007 that Harper was not involved in the scheme. "I do know that Jannuzzo and I tried not to let Harper know what we were doing," he said.But Manown acknowledged during the proffer that Gaston Glock clearly was suspicious of Harper, saying he had been warned by Glock's Austrian general counsel, Johann Quendler, that Glock was "having Jannuzzo and Harper tailed by detectives, and he's having their phones tapped and their emails monitored."Cobb prosecutors have not linked the allegations against Harper and Jannuzzo. But Gaston Glock said in his 2007 affidavit that he believes Jannuzzo helped Harper steal the company's money. Wrote Glock: Harper "was aided and abetted by [former General Counsel Paul] Jannuzzo, who approved all of Harper's billings."A trial date has not been set in Harper's case. The defendants have appealed rulings by Cobb County Superior Court Judge C. LaTain Kell Sr., the presiding judge in the case, who has rejected challenges to the indictment on grounds that the statute of limitations on the charges expired years before the indictment was released. The statute of limitations for most felonies in Georgia, including theft and fraud, is four years. The statute of limitations for racketeering is five years.Cobb prosecutors have countered that the statute of limitations did not begin to run until the gun company complained to Smyrna police in 2007. They also say that the statute of limitations on the charges is 15 years, citing a Georgia law that extends the statute of limitations for crimes against anyone over the age of 65. Gaston Glock is 82, a majority shareholder and principal owner of the Glock companies that paid Harper's bills, and paid some of the bills himself, prosecutors say.The Georgia Supreme Court last month agreed to hear the case. |
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