Sunday, August 25, 2013

Robbie Perkins, Securities & Exchange Fraud: NCGS § 78A-9. Misleading filings

I don't claim to be an expert in finance, an attorney or even a journalist but one thing I'm sure of is that it is against the law for board members of financial institutions to lie to stock holders. In this post I will outline how Greensboro Mayor Robbie Perkins, as a board member of NewBridge Bancorp, aka NewBridge Bank, lied to stockholders with the full knowledge of one or more members of the Board of Directors of NewBridge Bancorp.

The Timeline:

On Friday, August 23, 2013 the Greensboro News & Record reported:

"Robbie Perkins’ attorney, Barbara Morgenstern, argued that the $11,656 monthly payment for post-separation support is based in part on the monthly mortgage of $6,400 the couple had been paying for a home on St. Andrews Road.

That house is now in foreclosure, and Morgenstern said that neither Carole nor Robbie Perkins have been making the payment.

“For a year and a half, Carole has lived there rent-free,” Morgenstern said in a telephone interview after the hearing. “So if Robbie pays the full amount of the post-separation support that was ordered, he’s basically giving her a $6,400 windfall."

A year and a half is February 2012. That means Greensboro Mayor Robbie Perkins, who was at that time a board member of NewBridge Bancorp was already in default to the tune of $1.3 Million Dollars in loans to NewBridge Bancorp. Perhaps more as there are other properties with loans that may or may not have originated from NewBridge Bancorp.

Later, on October 17, 2012, Robbie Perkins and Newbridge Bank released the following statement  to the United States Securities and Exchange Commission and Newbridge Bank Stockholders:  

"ITEM 5.02. DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; APPOINTMENT OF PRINCIPAL OFFICERS.

(b)          On October 16, 2012, Robert V. Perkins gave notice of his resignation from the Boards of Directors of NewBridge Bancorp (the “Company”) and NewBridge Bank (the “Bank”).


Mr. Perkins indicated that his decision to resign is due to increased family and business responsibilities, including his position as Mayor of the City of Greensboro, all of which have caused him to reduce his activities in other areas. Mr. Perkins’ decision to resign was not the result of any disagreement with the Company or its management.


The Boards of Directors of the Company and the Bank express their sincere appreciation for Mr. Perkins’ service to the Company and the Bank.


SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

NEWBRIDGE BANCORP
Dated:  October 17, 2012    
By:     /s/ Pressley A. Ridgill                    
Pressley A. Ridgill,
Chief Executive Officer"
The Law

Like the statement said, "Mr. Perkins’ decision to resign was not the result of any disagreement with the Company or its management" but it was the result of $1.3 Million Dollars in loans in which Mayor Perkins had defaulted and neither Perkins nor the Board of Directors at NewBridge Bank was reporting the $1.3 Million Dollar loss to stockholders, not then, not later and not ever.

Lies by omission are still lies. Especially when it comes to the banking and securities business. As a matter of fact: those who continue reading will note the State of North Carolina agrees.

Now for those of you who still aren't convinced that Mayor Perkins has broken any laws I give you  Chapter 78A of the North Carolina Securities Act:

"§ 78A-8.  Sales and purchases.
It is unlawful for any person, in connection with the offer, sale or purchase of any security, directly or indirectly:
(1)        To employ any device, scheme, or artifice to defraud,
(2)        To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading or,
(3)        To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. (1973, c. 1380.)

§ 78A-9.  Misleading filings.
It is unlawful for any person to make or cause to be made, in any document filed with the Administrator or in any proceeding under this Chapter, any statement which is, at the time and in the light of the circumstances under which it is made false or misleading in any material respect. (1973, c. 1380.)"

I've now established the facts according to published sources, the timeline and the law as currently published by the state of North Carolina. Time to take action!

I tried to report this previously but no one listened including the entire Greensboro City Council.

 The following link establishes that Newbridge is regulated by the NC Commissioner of Banks.

If you would like to assist me in filing a complaint (more reports will make them take us seriously) you may  contact the NC Commissioner Of Banks.

Let's send Robert V Perkins to jail and make sure he never robs Greensboro's working class again.

Oh, and don't worry about Robbie not being able to pay his child support. I know his X wife's attourny is quite capable of divising a way of putting all of Robbie's many assets in the children's names while Robbie is away in prison.