SGA, Federal Agencies Gain Justice Against Financial Fraud; Guilty Pleas Entered

Leaders of the Songwriters Guild of America (SGA) reacted recently to news that federal authorities have filed criminal charges against the perpetrators of a financial fraud scheme discovered by the SGA in early 2005.  “We’re quite gratified that justice is being served,” said Rick Carnes, president of the SGA.  He and other SGA leaders stressed that royalties of active members were never endangered or affected by the fraud scheme.

The thefts focused principally on organizational cash reserves and certain categories of unidentified funds.  “The flow of royalties to our members has never been compromised or interrupted, and certainly will not be,” stated Carnes.

According to the U.S. attorney’s office in Newark, N.J., guilty pleas by the three named perpetrators have already been entered. Former SGA employee Marsha Aiken, 54, of Brooklyn, N.Y., pleaded guilty to a single count of conspiracy to steal money which had crossed a state boundary after being stolen.   She faces up to five years in federal prison and a $250,000 fine. Anthony Ray, 33, of Providence, R.I., and his cousin, Nicole Williams, 27, of Brooklyn, N.Y., who is the daughter of Marsha Aiken, each pleaded guilty to a single count of conspiracy to steal money that had crossed a state boundary after being stolen.  Ray also pleaded guilty to a tax evasion charge, which carries additional penalties of up to five years in prison and a $100,000 fine.  Sentencing has been scheduled by U.S. District Judge Joseph A. Greenaway, Jr. for December.

“We’ve vigorously pursued criminal prosecution of these perpetrators since discovery of the fraud last year,” said Chief Operating Officer Rundi Ream. “We are extremely pleased with the progress of the criminal case filed.  Our attorneys have informed us that all possible restitution will be mandated and certain monies have already been recovered.”

“We want to hold the defendants to their promises,” Assistant U.S. Attorney Adam S. Lurie was quoted as stating at a recent hearing following the filing of the guilty plea by Marsha Aiken.  “There was a lot of money taken and we want to get it back.”  According to Lurie it is unclear how much of the stolen money still is in the possession of the perpetrators.  SGA special counsel Charles J. Sanders added, however, that federal civil litigation is also pending, which could yield significant financial recoveries.  The total amount involved in the case was $1.2 million.

SGA leaders worked in cooperation with the FBI, the U.S. Postal Service, the Internal Revenue Service (IRS) and the U.S. attorney’s office throughout the investigation. “All these agencies worked with true diligence on this matter and the SGA is grateful to them all for their hard work,” said Ream.

Newly promoted to her position as COO prior to discovery of the fraud, Ream enacted immediate security upgrades upon detection. “We are distressed that a trusted, long-time employee would have acted in this manner, but our new systems ensure this will not happen again.”

The SGA continues to operate its offices in Weehawken, N.J. and Los Angeles, Calif., but conducts most of its administrative and royalty collection activities in Nashville, Tenn. under the direction of Ream.  The Songwriters Guild Foundation, the non-profit arm of the SGA, operates an office in New York City, N.Y.

Carnes stressed that while implementing improvements in the internal administrative structure of SGA, the Guild has also increased its legislative and litigation work.

“There has never been a time in the seventy-five year history of the SGA that we have been faced with greater challenges to the American songwriter community. We’ve dealt with music piracy, consolidation of radio stations, reduced play lists, and now the threat posed by satellite radio stations seeking to become digital downloading services without payment to songwriters. We are fighting these issues on Capitol Hill and in the courts. Our entire organization – from our board of directors to our administration - has reacted to these challenges with great success while continuing to grow in our role as protectors of the songwriting community,” said Carnes.

The Songwriters Guild of America represents about 5,000 songwriters throughout the United States and the estates of deceased members.  It is the most senior organization in the nation run solely by, and in the interests of, songwriters.

©2006, Further Communications