Criminal - Family Money

Episode Date: September 24, 2021

When Beverley Schottenstein’s husband Alvin died, she and her children sold their stake in his family’s business, worth an estimated 90 million dollars. Family relationships got complicated. It was hard to know who to trust. And what happened next surprised everyone. Beverley told us, “I was floored.” Say hello on Twitter, Facebook and Instagram. Sign up for our occasional newsletter, The Accomplice. Follow the show and review us on Apple Podcasts: iTunes.com/CriminalShow. We also make This is Love and Phoebe Reads a Mystery. Artwork by Julienne Alexander. Check out our online shop. Episode transcripts are posted on our website. Learn more about your ad choices. Visit podcastchoices.com/adchoices

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That's BotoxCosmetic.com. That's BotoxCosmetic.com. When Beverly Schottenstein was a young woman in the 1940s, she got a job in an office in New York City. She remembers that the other women in the office took her under their wings, showed her how to do things, and that when one of them got married, it was to a man from Ohio. And she said, they have such nice young men in Ohio. Beverly decided to visit, and her friend took her out dancing.

That's how Beverly met her husband, Alvin Schottenstein. And my husband was there at Club Gloria, but he had a date with another girl from Ohio State. But when he saw me, he was just sort of talking to me all the time. He ignored this girl, and I thought he was terrible. So he took the girl back to Ohio State.

In those days, the girls had to be back before midnight. And after that girl went back, oh, he started talking. He said, I didn't mean to be, you know, rude or anything. I got that whole spiel. And I told him I was going to New York and that was the end of it. When Beverly told Alvin that she'd was going to New York, and that was the end of it. When Beverly told Alvin that she'd be returning to New York, he said, OK, I'll come too. I introduced him to my parents and blah, blah, blah.

And we got married not too long after that. I really liked him. The wedding was very small, just a rabbi and the two of them, which was the right thing because, as she says, some of those big ones don't last very long. You know, he was I never met such a

decent guy in my life. You know, that's a really lucky thing that all these years later you were able to look back and say, this was the guy for me and I was madly in love with him. True. True, true. Alvin's parents owned a department store called Schottensteins. They'd built the business from the ground up, selling overstock clothing and goods from a horse and carriage.

In 1917, they opened a storefront in Columbus. Over the years, the business became much bigger, with Schottenstein's stores all over Ohio. Beverly says her husband Alvin played a big role in the expansion. He built up a beautiful business. He had half-priced clothing, played a big role in the expansion. He built up a beautiful business. He had half-priced clothing, magnificent things. The men bought their suits from all over Ohio.

They used to come to Schottenstein's. Every small town knew where to go. Beverly and Alvin had four children. Some of them worked with Alvin and his brothers, and the business kept growing. They began acquiring other stores. The company would eventually include stores like American Eagle and DSW. In 1984, Alvin Schottenstein died unexpectedly.

He had a heart attack at 64. Beverly and their children inherited Alvin's stake in the business, and they sold it a few years later for a reported $90 million. We were a family that never talked about money, so I had no idea or concept of how much money she had inherited when my grandfather Al Alvin, passed away. Kathy Schottenstein Padup, one of Beverly's eight grandchildren. I was at her house several times a week. I had Friday night dinner with her every single Friday. Whenever I had a band concert or a graduation or any sort of, I remember my prom, she was there taking pictures.

So my grandmother was very involved in my childhood and in my life, starting as early as I can remember. And she's a very lovely and loving woman. And she loved to cook. She's an amazing cook. I remember every Friday night dinner, there'd be probably enough food for three dinners. There was always so much variety. There wouldn't just be chicken. There would be chicken and also a pot roast and also like 50 sides.

Growing up, to me, she was the most beautiful woman I'd ever seen. She's this sort of a stunning, almost like socialite presence that I always thought belonged in Beverly Hills. I mean, she used to look, I used to watch Who's the Boss on television, and I always thought that she looked exactly like Mona, who was the mother in that show. And I remember when I was really young, I used to think that maybe she really was Mona, and she was living this double life. And I would call her sometimes if I was watching the show just to see if she would pick up, because I thought, like, maybe secretly she was this celebrity.

Beverly Schottenstein eventually left Ohio and moved into a condominium on the ocean in Bal Harbor, Florida, just north of Miami Beach, where the family had been vacationing for a long time. I came to visit my grandmother, and we walked across the street. There's a shopping mall, and there's this pizza restaurant called Carpaccio's that we used to frequent when I was a child. And we went there, and we shared this little thin crust cheese pizza like we had done countless times when I was younger. And literally

as she's paying the bill, her cell phone rings and it's my cousin Evan, who was in New York. And when she talks, she usually has the phone on speakerphone. So I heard him and he goes, Nanny, what are you doing at Carpaccio's? She had literally just paid for a pizza, so a very small bill. And he goes, why are you there? That's a non-kosher restaurant. You shouldn't be eating there. And I guess I should bring up my cousins are observant Jews, and the family is Jewish, but I am not Orthodox. So I would eat at non-kosher restaurants.

And growing up, my grandmother did as well. So we had just had pizza, and he was really scolding her very openly about why she was at that restaurant in the first place. That raised an alarm for a few reasons. One, I thought, why is he monitoring where she's eating? She's a grown woman. She can eat wherever she wants. But two, I realized here he is sitting at his job in New York City, and he has clearly some sort of spending alert on her credit card. And every time she makes a purchase, whether it be at CVS for some lotion or a pizza across the street, he is seeing what she's buying, when and where,

and is calling her in real time to question her. And so that was the beginning of me realizing that this wasn't a normal fiduciary relationship that she had with my cousin. Beverly Schottenstein's grandsons, Evan and Avi Schottenstein, were early in their careers at Morgan Stanley and managing their grandmother's account. Is this a common situation that family members manage each other's money? It's a good question. I had never heard of it,

but since I have heard that it, what it is, it's not illegal. I don't know if it's common, but it is not uncommon. Families that have a large amount of wealth sometimes trust other family members to handle that amount of money. And then that also gives the family member that's the broker, you know, a significant advantage in that they have a very lucrative job. They're in charge of a lot of money. They can work at a big bank. And I guess if you completely trust that family member, then it could be a win-win situation. This is what Beverly Schottenstein

had hoped for when she entrusted her grandsons with her account, an account worth more than $80 million. I'm Phoebe Judge. This is criminal. A few years after Beverly decided to leave Ohio and move into a condo in Florida, her son Bobby, Evan and Avi's father, moved into a condo in the same building, one floor below her. And so this gave them extreme proximity and the ability to be very much involved in her life on a constant daily basis because they were always there. They literally had a key to her back door and would come in freely unannounced at any time. And they seemed to just always be a presence. So I started to see that she had become quite reliant on them and they were pretty much always around. In 2014, when Beverly was 87,

Evan told her that he and Avi were leaving Morgan Stanley and accepting jobs at J.P. Morgan. They would take her account with them. She remembers that they said they would waive their commissions and fees. Beverly remembers feeling that her grandsons didn't really want to go into detail with her about her account. She says she'd call and say, what's going on, boys? And she'd be told they were too busy to talk. I never got a decent answer from the kids. But I let it go because everything seemed to be running okay.

A couple of years later, in 2016, when she was 90, Beverly fell and broke her hip. It wasn't safe for her to be alone in the condo after that, and a woman named Dawn Henry began to care for her. Dawn Henry remembers one day when Beverly got a call from her bank's fraud department. I used to come in seven every morning. I'm never late. And when I came in, Beverly said to me, Dawn, this telephone rang 630 from the fraud department,

Chase Department, fraud department. I said, okay, they'll call back if there's a problem. They did call back. And the Chase Department said to Beverly that if she authorized a wire transfer to Israel, Beverly said, no, I don't know anything about that. And, you know, they asked Beverly a certain question, who did this. Beverly said, I have no idea, you know. Her grandson, who was Evans, taking care of her finance, came upstairs.

I don't know how he knew about it. I was having Beverly in the bedroom getting her ready dress, and he came up and shouting at her, don't talk to anyone there. Tell them you have a financial advisor. Then after that, he left. The thing with Beverly, she did not have any close relative or family, I should say, around her, except that family downstairs, Bobby and his wife. So anything they say to her, it's like gospel. Dawn Henry remembers that Bobby once came to get Beverly's checkbook and left Beverly a few hundred dollars on her kitchen table to get through the week.

Don says she had to buy groceries for Beverly with her own money. Don says Beverly told her stories about other things that had happened over the years. We were having breakfast around the table, and she said, I want to say something to you, Dawn. I said, what is it? And she said, you know, I want to discuss something with you. My grandson, Avi, told me that I'm going to have a lawyer come up and talk to you about your will. He said, Avi did all the talking, and the lawyer was just writing, writing, and she did not know it was a will.

That's what she said to me. And then she started to tell me about her jewelry, and she said, you know, my son went in the bank with Evan and took out all of my jewelry. I said, what? And she said, yes. Beverly had a safety deposit box at the bank where she says she kept her valuables. She told us she remembers when she first opened a safety deposit box back in Ohio, how the woman working at the bank suggested she give a second key to someone else, just in case. In case something ever happened to me, someone I can trust. It was right there at the bank at that time. So I told them, well, this is my son, Robert. You think it would be okay for him?

She said, yes. Your son is a good, you know, it's very good to have your son. I mean, you know who it is. When she moved to Florida, she says she gave Bobby a new key to the new safety deposit box. He had the key again. Now, I want to tell you something. It ends up that I don't have a piece of jewelry left. I was floored. I said, I don't believe it. Including your wedding ring. Yeah, wedding.

When my son was bar mitzvahed, I got a ring. The most gorgeous, seven carats. It was magnificent. A beautiful, beautiful ring. I never was, I didn't want to be too flashy or anything. It was magnificent, a beautiful, beautiful ring. I never was, I didn't want to be too flashy or anything, but at the bar mitzvah, my husband gave me that ring. Dawn Henry says that as Beverly opened up to her,

she realized that the rest of the family might not know what was going on. One day, when Evan and Bobby showed up with a paper shredder, Dawn Henry called Beverly's granddaughter, Kathy Schottenstein. At 2018, in the fall of 2018, Dawn called me at home in New Jersey and told me that she was really concerned because she said that my cousin Evan and his father Bobby had come into my grandmother's apartment and were shredding all of her documents, all of her bank statements.

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In the fall of 2018, Dawn Henry called Kathy Schottenstein and told her that Evan and Bobby had carried a shredder into Beverly's condo in order to shred documents. Beverly remembers that she stopped receiving statements in the mail, and she didn't know why. That December, Kathy went to Florida to visit her grandmother along with other family members. When they were there, a FedEx package arrived detailing a large investment Beverly had made to a fund in the Cayman Islands. And my cousin Alexis said to my grandmother, what is this? And my grandmother had no idea, so she opened up the package,

and it turned out that my grandmother had committed $5 million to this private equity fund that was based out of the Cayman Islands. So Alexis started asking my grandmother, do you know about this? I mean, $5 million seems like a lot of money. What is this fund? And my grandmother had no idea what that fund was. And in there were documents that supposedly my grandmother had signed with her name on it saying that she was committing $5 million in her 90s to this multi-year, I think it was five or 10 years, in the Cayman Islands. So Alexis then reached out to me and she goes,

you know, this is very suspicious. Her signature is supposedly on it and she's saying she never signed this document. When you found out that your grandsons were not doing what they should have been doing and were using you and your money, how did you, I mean, I imagine this must be incredibly complicated as a grandmother.

You know, these aren't people you don't know. This is your own blood. You're right. It was very difficult. The thing is, this is all without my knowledge. This kid, he went behind my back. I had no idea. It turned out my grandmother had a full online banking portal. The problem is my grandmother wouldn't know how to turn on a computer if you put one in front of her, so she had no idea how to access that or what any online statements would even mean. Evan put me on paperless statements, so I shouldn't know what's going on.

My cousin Evan had created a fictitious email account in my grandmother's name, Bev.Schottenstein, I think it was at AOL.com. And he had this whole time been sending all of her bank statements to this fictitious email address that he had created that my grandmother never knew about, never saw. And that was why she wasn't receiving her statements. And the trading he was doing was all through her online portal. So all of a sudden, the family became aware

that some serious crimes were being committed. As we started looking, the crimes just escalated from there. It was unbelievable. Beverly had been keeping a journal. The first thing she wrote was, I don't wish to hurt anyone, but I must express my feelings on how I am being used. On Halloween of 2018, she wrote,

As of today, I would say they took over a million. And in November of today, I would say they took over a million. And in November of 2018, quote, Evan once told me he could forge my name beautifully. She writes about feeling tricked. At one point, she writes, What else is going on? At first, all she wanted to do

was simply move her money away from my cousins and from J.P. Morgan, because that's where they were working. And so all she did was she wrote a handwritten, like two-sentence letter, and it just said, please cease all activity, all trading on my account, and I'll send you further instructions later. All she wanted to do was take her money away. It ended up creating, causing, I should say, a tsunami because my cousins, as soon as they received that letter, which was scanned to them by the local J.P. Morgan Chase Bank across the street, because again, my grandmother doesn't have a computer, so she wrote it by hand and then the branch of the bank scanned it to them at work.

One of them, my cousin Avi, was actually there, was vacationing with his wife and child, one floor below my grandmother, with his parents and barged into her apartment with his family and started screaming at her, why did you send that? There's nothing wrong with your account. They're going to start investigating us. And it escalated very quickly because my grandmother then was under extreme amount of stress because the family, instead of just saying, okay, nanny, do whatever you want with your money. We're sorry if we might've done something wrong, which is what we expected, took an extremely aggressive stance and started questioning her own sanity. Why would you be doing this? You must be being influenced by other members of the family.

There's something wrong with you. Perhaps you have dementia. And they escalated things by going to their employer, J.P. Morgan, and saying that my grandmother was under influence by other family members. We were exploiting her and there was no reason to move her money away, that there's something wrong with her memory and she very possibly has dementia. What ended up happening is my Uncle Bobby, that's Evan and Avi's father, a day or two later, came in, was screaming at her, and she was crying and screaming as well. It was terrible.

And made her write a retraction letter to J.P. Morgan saying, I was confused. My granddaughter Alexis made me concerned about my account, but there actually was nothing wrong, and everything's fine. Dawn Henry was at Beverly's apartment that day. She remembers Bobby telling Beverly what he wanted her to write, that the accusations are false and I got upset for no reason.

Here's Dawn. They're good boys. They didn't do anything wrong. And Beverly came up shouting and stamping the walker, I'm not going to do it. And Bobby shoved her, and I'll tell you something, until this day, once in a while, that shoulder act up. I had to take Beverly to the doctor. I told the doctor what happened,

because she could not move her shoulder. They behaved very bad, very bad. Beverly did write the letter. And Bobby had that letter sent immediately to J.P. Morgan, and what J.P. Morgan did was they froze my grandmother out of her own account so she physically could not move any of her money away while they supposedly investigated her for being under some sort of exploitation, not by Evan and Avi or by the bank,

but by other family members who were telling her that she should move her money away. I'll see you next time. New year, new me? How about same year, new me? You just need a different approach. According to Noom, losing weight has less to do with discipline and more to do with psychology. Noom is the weight loss management program that focuses on the science behind food cravings and building sustainable eating habits. Noom wants to help you stay focused on what's important to you with their psychology and biology-based approach. Noom takes into account your unique biological factors, which also affect weight loss success. The program can also help you understand the science behind your eating choices and why you have those specific cravings,

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What did your grandmother do? Well, she started getting very concerned when J.P. Morgan chose to listen to Evan and Avi and froze my grandmother out of her account. So she physically could not move her money. She could not do anything with her money. At that time, she had no choice but to hire lawyers because she needed access to her own money. The lawyers and outside financial advisors started pouring through her account records that she had not been receiving and saw all this rampant and unchecked, unauthorized trading. They use a word in the banking industry, I had never heard this before, I know it now, called churning, where you're moving funds excessively, constantly, and you buy and sell constantly. And you do this, one of the reasons why one would churn someone's account is you get

commission. So every time you buy and sell, you get a chunk of money. And my cousins, it turned out, had been doing that constantly with my grandmother's account, and they were then generating millions of dollars for both J.P. Morgan and themselves. My grandmother had never signed off on any of that trading, but it turned out that J.P. Morgan, for most of that trading, had it registered that my grandmother had physically called in the bank and said, I want you to buy this, I want you to sell this. That had never happened. My grandmother, I remember one of them at the time was Worldwide Wrestling, was being bought and sold. My grandmother had no idea what Worldwide Wrestling was.

That's just one example of hundreds, maybe even thousands. But they're saying that she physically called up my cousin Evan and said, I want you to buy Worldwide Wrestling. And then a month or two later said, I want you to sell Worldwide Wrestling for X amount of dollars. Clearly, it turned out that that had never happened. In her journal, Beverly describes instances over the years in which Evan and Avi had asked her to sign things, like real estate documents. She wrote that she wasn't happy with it, but she didn't say anything. She used the same phrase a couple of times,

I said nothing. But then, she changed her mind. She says she was losing her hair from stress. She says she thought, this is ridiculous. This has to stop. At 93 years old, she formally accused J.P. Morgan Securities and her grandsons of violating their fiduciary duties, of fraudulent, unauthorized trading, and of elder abuse.

It turned out that, really, the reason they even had jobs at J.P. Morgan was because they were controlling a very large portfolio of my grandmother's. And that was roughly 80% of the entire brokerage account they had ever controlled. So the reason they were important to J.P. Morgan was very simple. They were important because they controlled my grandmother's money, and that was a very large account. They weren't controlling much of anything else. So when they lost that very large account, making up 80% of their whole portfolio, they ended up losing their jobs. Dawn Henry remembers that Beverly's son, Bobby, Evan and Avi's father, who lived one floor below, began to wait for Beverly in the common areas of the building.

And she says, once even grabbed his mother's walker. Every time we come in, Bobby's here, arresting her, stamping the walker. You know, actually, Beverly could fall. She's holding on to the walker, and Bobby's shaking the walker. My boys didn't do anything. They're good boys. And he came up in the elevator with us. I said, you're not coming in. I said,

if you think you're coming, you're not coming in. Okay. And I pushed the lobby and went back and have security brought us upstairs. I called the lawyers and they wrote their lawyers tons of letters about the harassment that they were doing to us. A lot of harassment. According to Kathy Schottenstein, there was a moment in which Avi and his toddler son were by the pool and Beverly was on her fifth floor balcony. Kathy says Avi held his child up in the air and shouted to his grandmother, quote,

Why are you letting lawyers rule your life? This is your blood. Most monetary disputes between customers and Wall Street firms are handled through what's called FINRA arbitration. What we came to learn is, if you're a customer of a broker being represented at one of the large banks and you realize that there are crimes being committed, you cannot take that broker to court. It's not that easy. What you do is you have to go through what's called FINRA,

which is Financial Industry Regulatory Authority. So if you're filing a lawsuit, you file it with FINRA. You do not file it in public court. And FINRA keeps all of these trials, accusations, documents private. The only thing they make public is after there is an actual trial, they do make their judgment public. But that's it. So what is the advantage of FINRA keeping all of these claims against banks and against brokers private is it helps the banks. It protects the banks because then no one really knows what these banks are being accused of or what these brokers are being accused of. In 2016, the New York Times reported that some 80% of the cases involving customer disputes are decided in favor of Wall Street banks. Bobby Schottenstein wrote a letter to his mother,

trying to convince her to drop her complaint. He wrote, This situation does not have to be dragged out to the long-haul bitter end, and my sons are not criminals. In that same letter, he wrote, I am sorry for all the pain I caused you with the loss of the jewelry. I got involved in bad business deals that made me mixed up. In October of 2020, the FINRA hearings began on Zoom because of COVID-19, but Beverly didn't have a computer,

so she had to rent one and hire someone to help her get it set up and online. One of her attorneys submitted a document in which he wrote, The facts in this case are the worst that I've seen in the 28 years that I've been representing claimants in securities arbitration proceedings. Evan Schottenstein, while employed at J.P. Morgan Securities, grossly financially abused his own grandmother for his own profit, and for the profit of J.P. Morgan Securities. Beverly's attorneys argued that Evan and Avi had marked more than 500 transactions

as being at Beverly's explicit request. Beverly said she didn't know anything about any of them. Evan and Avi's lawyer said that their grandmother's money was, quote, invested in full accordance with her wishes. For their part, J.P. Morgan claimed that they had, quote, no place in this family soap opera. But the arbitration process revealed that J.P. Morgan knew, as early as 2015, that something might be off.

A manager testified that J.P. Morgan then prevented Evan from making certain kinds of purchases and planned to pay more attention to Beverly's account. The manager testified that the bank said they wanted to speak with her on the telephone every six months. Beverly says they called once. Ultimately, my cousins were found liable on every single count that was against them. They were found guilty of constructive fraud, they were found liable of abuse of fiduciary

duty, fraudulent misrepresentations and omissions, but the largest count that they were found liable for is J.P. Morgan and my cousin Evan were found liable for elder abuse. And then FINRA ordered that J.P. Morgan and my cousins Evan and Avi in total had to pay my grandmother back $19 million for the crimes that they had committed. The brothers haven't said much. One of their attorneys said in a statement that they were deeply disappointed by the result. Their father, Bobby Schottenstein, released a statement in which he said that he and his wife were saddened and disappointed by the lies being advanced about us and our sons. In March of 2021, Evan and Avi filed a motion to try to vacate the FINRA ruling against them. Shortly after, Evan was barred from acting as a broker.

According to Kathy Schottenstein, her cousins have still not paid the money they owe their grandmother. But I think the important thing is, for my grandmother, this was never, ever about the money. This was about, in the end, reclaiming her dignity and her self-respect and just taking a stand for what had become obvious elder abuse and harassment. Really, what she is, is a woman who had just turned 95 a week ago, a 95-year-old woman who stood up to the biggest bank in the world and to two of her own grandsons and said enough is enough and won. Beverly has said throughout this whole ordeal that there's nothing she wouldn't have given to her children or her grandchildren if they'd just come to her and asked.

You know, I had a grandma, and she was a sweet old lady. That's how I looked at her, a sweet old lady, because the grandmas of those days, that grandma used to wear like a scarf around her head. But I just adored her, and she used to make cookies, and I used to go in there. And to me, grandmas always were precious little things. I always looked up on grandma and grandpa, too.

But grandma was really something. So to me, that's the way I wanted to be as a grandmother. And that's the way I think I was. I loved the grandkids. I always brought them gifts. I always brought them a little something that I knew that that's what they wanted. That's the way it should be with grandmas.

Not all the time, but, you know, someone that they look forward to seeing once in a while. You don't have to hang around. But to me, a family should be precious. Maybe it's changed since then. But that's my feeling. Thank you. Audio mix by Rob Byers, Michael Raphael, and Johnny Vince Evans of Final Final V2. Special thanks to Lily Clark. Julian Alexander makes original illustrations for each episode of Criminal.

You can see them at thisiscriminal.com. We're on Facebook and Twitter at Criminal Show. Criminal is recorded in the studios of North Carolina Public Radio, WUNC. We're a proud member of Radiotopia from PRX, a collection of the best podcasts around. I'm Phoebe Judge. This is Criminal. Radiotopia from PRX. The number one selling product of its kind with over 20 years of research and innovation. Botox Cosmetic, Adabotulinum Toxin A, is a prescription medicine used to temporarily make moderate to severe frown lines, crow's feet, and forehead lines look better in adults. Effects of Botox Cosmetic may spread hours to weeks after injection causing serious symptoms.

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