Criminal Adaptations
Criminal Adaptations is a True Crime/Movie Review Podcast discussing some of your favorite films, and the true crime stories that inspired them. With hosts Remi, who spent over a decade working in the film and television industry, and Ashley, a clinical psychologist and forensic evaluator. They discuss a new movie each week and compare the film to the real life events that the film is based on.
Criminal Adaptations
Owning Mahowny
Use Left/Right to seek, Home/End to jump to start or end. Hold shift to jump forward or backward.
In this episode, we take a deep dive into the true story behind the criminally underrated Owning Mahowny (2003). Portrayed by Philip Seymour Hoffman in one of his most understated performances, Dan Mahowny aka Brian Molony is a quiet, unassuming man living a double life – trusted bank manager by day, high-stakes compulsive gambler by night. But how close does the film stay to the truth? We break down the real events involved in the largest single-person embezzlement scheme in Canadian history. Was Molony a criminal mastermind or a deeply trouble man spiraling out of control? Does Owning Mahowny capture the reality of addiction better than most true crime adaptations?
Primary Sources:
- Ross, Gary. Stung: The Incredible Obsession of Brian Molony. Stoddart (1987).
- The Star (2017)
- Gamblingsites.com (2025)
Instagram: @CriminalAdaptations
Email us: criminaladaptations@gmail.com
TikTok: @criminaladaptations
YouTube: @criminaladaptations
X: x.com/CriminalAdapt
Theme: DARKNESS (feat. EdKara) by Ghost148
Welcome to Criminal Adaptations, where we take a look at some of your favorite movies and the
Welcome And Gambling Talk
Ashleytrue crime stories that inspired them. I'm Ashley, a clinical psychologist and forensic evaluator in the state of Oregon.
RemiAnd I'm Remy. I spent over a decade working in the film and television industry in Los Angeles, California.
AshleyRemy, put down those cards. It's time for another episode.
RemiI'm sorry. Sometimes I just can't help myself. I get so into the game, you know?
AshleyWell, that's right in line with this week's episode now, isn't it?
RemiIt sure is. Today's episode involves three things mainly Gambling, Canada, and Philip Seymour Hoffman. But before we get into today's movie, I want to ask you something, Ashley. Are you a gambling person at all? Like casinos, sports betting, any of that stuff?
AshleyAbsolutely not. I do not like losing my money, and I'm a psychologist, so I know too much about the detrimental psychological effects of gambling. Yeah, and how it is always rigged to have you lose, despite what you might think when you're in the midst of everything. What about you?
RemiI've done some sports betting. I have a bachelor party in Vegas coming up, but I am not a hardcore gambler. I'm not someone who is gonna risk it all for the big jackpot. I am far too timid for that sort of thing. I stick to the $5 tables.
AshleyWell, we say that as we are actually in the midst of a March Madness bracket for a whopping 10 buck buy-in.
RemiWith a $100 winner-take-all grand prize. So yeah, that's about the level of gambling that I do and Ashley does. So not anything too crazy. And today's story also takes place in Canada. I feel like when people think of
Canadian Crime And Why Canada
Remicrime movies, Canada is not usually the first place that comes to mind. When you think of Canadian crime stories, Ashley, what comes to your mind?
AshleyWell, there's one. It is the case of Paul, I believe his name is Bernardo and Carla Homoka. They were a serial couple kill and duo that murdered several people, including Carla's sister, for their own sexual gratification.
RemiI always think of the don't fuck with cats guy. They made a documentary about him, and I believe he killed one person in Canada very horrifically, but he also harmed a cat and posted that content online. And people online love cats, and they found out who this guy was and actually helped bring him to justice because he posted this video of him hurting a feline. So that's the first one that comes to mind for me. But today we are talking about something that is far less severe than both of those stories.
AshleyYes, today we are talking about a movie we both had never heard of, and the second we saw it
Choosing Owning Mahoney
Ashleywas starring Philip Seymour Hoffman, we knew we had to cover it immediately.
RemiExactly. Anytime a Philip Seymour Hoffman movie comes up that we haven't seen, we're on board because he is a brilliant actor, and this is a pretty fascinating story. The name of the film is Owning Mahoney. It is about the largest single-person embezzlement in Canadian history, if I'm not mistaken. That is correct. And Philip Seymour Hoffman stars as Mr. Mahoney. And in my opinion, and I'm sure many other people's as well, he was one of the greatest actors of his generation before his tragic passing in 2014. We previously discussed him back in season one in the film Capody, which he won an Oscar for. He also played Father Flynn, opposite Meryl Streep, in the film Doubt, which correct me if I'm wrong, Ashley, didn't we watch that on our anniversary a few years back?
AshleyWe sure did. I actually demanded it because it stars Meryl Streep and Philip Seymour Hoffman. How can you go wrong there?
RemiHe was also amazing in Paul Thomas Anderson's The Master, which Mr. Anderson just won an Academy Award for one battle after another pretty recently. Plus, Philip Seymour Hoffman has been in like a million amazing supporting roles, like Boogie Knights, The Big Lebowski, Almost Famous, Along Came Polly, Twister, and we spotted him in Scent of a Woman not too long ago as well, which I think was one of his first roles.
AshleyHis role in Along Came Polly is probably my favorite that he's ever done. He is just so funny in that movie. Every line, every scene with him is just a hoot.
RemiI am not a fan of that film, but I am a huge fan of his performance in that film. The scene where he comes up to Ben Stiller and just says, We gotta get out of here, I sharded. I probably laughed for five minutes. It's a hilarious performance.
AshleyMy favorite is the basketball scene when every time he goes to shoot, he's like, Buckets, Kobe, and is just not even hitting the backboard half the time. It's hilarious.
RemiWell, let's place our bets and get into the pre-production of Owning Mahoney.
Owning Mahowny (clip)You got a gambling problem, right? No. No, sir. I have a financial problem.
RemiOwning Mahoney is a 2003 Canadian film directed by Richard Quintinowski,
Adapting Addiction Without Spectacle
Remiwritten by Maurice Chauvet, and starring Philip Seymour Hoffman, Mini Driver, Maury Caikin, and John Hurt. The film is based on the true story of Brian Maloney, a Toronto bank employee who embezzled more than $10 million in the early 1980s to support a severe gambling addiction. Journalist Gary Stephen Ross covered the case and later wrote the nonfiction book Stung: The Incredible Obsession of Brian Maloney, which was published in 1987 and served as the primary source material for the film.
AshleyAnd this podcast episode.
RemiDespite the strength of the underlying story, the adaptation process was not straightforward. The project remained in development for nearly two decades, with earlier attempts struggling to translate the internal nature of gambling addiction into a traditional narrative structure, since Maloney's actions were primarily driven by compulsion and not by ambition, violence, or even an external goal. Maurice Chauvet's screenplay ultimately solved this challenge by taking a more focused approach to the story. Instead of expanding the narrative outward, the script concentrates on Mahoney's daily behavior and routines, allowing the audience to witness the mechanics of his addiction unfold over time. Director Richard Quentinowski built on this foundation by stripping away conventional storytelling devices, such as voiceovers and flashbacks, presented in a straightforward observational style that avoids overt explanation and lets the characters' actions speak for themselves. Quentinowski had already established himself as a director interested in unconventional character studies with his first feature film, Love and Death on Long Island, in 1997, which drew attention for its unusual premise and understated tone. It follows a widowed British academic who develops an unexpected obsession with a young movie star.
AshleyI wonder if that is based on a true story too. It sounds like it very well could be.
RemiI don't believe it is. I think I saw this film long, long ago. It stars John Hurt and I believe Jason Priestley, or one of the stars of 90210, as the young actor. And from what I remember, he kind of falls in love with this young man, who is like a B movie star who just stars in really bad films and is not a good actor. And it was a interesting film. It's been a really long time since I've seen it though. The film established Quintinowski as a director interested in unconventional character studies, carried directly into Owning Mahoney, where the focus remains firmly on the internal psychology and behavioral patterns rather than on external plot mechanics or spectacle. For the film, the central character's name was changed from Brian Maloney to Dan Mahoney, due to Maloney's name sounding too similar to Brian Mulrooney, who was the Canadian Prime Minister during the film's development.
AshleyThat's hilarious.
RemiThe filmmakers ultimately chose to alter the name to avoid any potential confusion with the prominent political figure. Oh Canada. Although Owning Mahoney is the most widely recognized cinematic telling of this story, it was not the first time the case had been adapted for the screen. An earlier film titled The Borrower, released in 1984, was also based on the same real-life events surrounding Maloney's embezzlement and gambling addiction, though it remains far less known than the 2003 adaptation. At the time, Philip Seymour Hoffman had already established himself as one of the most respected character actors of his generation, through a remarkable run of supporting performances in films such as Heart 8, Boogie Nights, Magnolia, Punch Drunk Love, The Big Lebowski, Happiness, The Talented Mr. Ripley, and State of Maine.
AshleyGod, he's good.
RemiOwning Mahoney represented only his second lead role following his performance in Love Liza in 2002, marking an important moment in his transition from acclaimed supporting actor to leading man.
AshleyWait, isn't that the movie we watched where he huffs gasoline?
RemiIt absolutely is. I don't think I put two and two together until you said that just now.
AshleyIt is the movie where he is huffing turpentine or It's gas because he goes to the gas station and keeps filling up the gas tank he brings to his house.
RemiHoffman described Mahoney as someone who is not motivated by money itself, but the act of gambling. As a result, Hoffman portrays Mahoney as withdrawn, methodical, and emotionally subdued, presenting addiction not as a series of heightened moments, but as a quiet, persistent compulsion that gradually overtakes every aspect of the character's life. Minnie Driver plays Belinda, Mahoney's girlfriend, who serves as one of the film's few points of emotional stability. Driver later spoke about how meaningful working with Philip Seymour Hoffman was during the production of Owning Mahoney. She described Hoffman as generous, committed, and deeply influential during their time working together, and even kept a journal during the filming, documenting the experience and reflecting on Hoffman's acting process. Mini Driver actually shared this information back in 2024 on a posting to commemorate him.
AshleyThat's sweet.
RemiJohn Hurt had previously worked with director Richard Quintinowski in the 1997 film Love and Death on Long Island. Because of that collaboration, Quintinowski brought Hurt into owning Mahoney, casting him as casino manager Victor Foss. The film was shot primarily in Toronto, Canada, with additional filming taking place in Atlantic City, New Jersey, and Niagara Falls.
AshleyAh, which is the two primary places of the actual story.
RemiThat is true, but throughout the film, the filmmakers intentionally avoid naming the real-life institutions connected to the case, including the bank where Mahoney worked and the casinos where he gambled, choosing instead to keep these locations anonymous and maintain the focus on the character and his actions rather than the specific businesses involved.
AshleyAKA they were worried about potential lawsuits.
RemiNow here is a brief clip of Philip Seymour Hoffman discussing this creative choice, contrasting the approach taken in Owning Mahoney with another of his films, Almost Famous, which openly references real-life places and institutions.
Philip Seymour HoffmanI think it's not that it's if you watch like Owning Mahoney, which is in this, as opposed to Almost Famous. Almost Famous is one of the more enjoyable films you'll ever watch, I think, in my opinion, taking me out of it. I think it's really just a pleasure to watch that film. But Oning Mahoney has almost a non-realistic style to it. If you watch it, it's it's uh he takes a lot of liberties. You actually, when he's shooting the casino, you you actually have never been in that casino. You know what I mean? He's not actually trying to identify that casino to an Atlantic City casino or Vegas. He he's actually trying to say something with just the atmosphere of it. Uh, and there was a lot more liberties taken artistically making that film, whereas almost famous is really a very strict autobiographical picture that he was really trying to get at. And he really chose certain parts of his history to show you and left out others to give you a certain feeling of the film. But it's much more realistic in its telling and its environment and where they are, and those kinds of differences.
RemiAll right, Ashley, are you ready to hear how Dan Mahoney, aka Brian Maloney, turned a stable banking career into a multi-million dollar gambling problem?
AshleyOh baloney, am I ever.
RemiHoffman, arriving for work at a large, prestigious Toronto bank. Mahoney
The First Fraud And First Trip
Remihas recently received both a raise and a promotion, making him the youngest assistant manager at the branch. Despite Mahoney's professional success as one of the bank's rising young managers, he still shows up to work each day driving an old beat-up car and wearing a cheap rumpled business suit. Shortly after arriving, Mahoney rushes into an executive meeting with a client named Dana Selkirk, who is seeking approval for a business loan the bank is initially reluctant to grant. As the discussion unfolds, Mahoney quietly slides a sheet of paper across the table to his boss, outlining exactly how much profit the bank stands to make from the loan. The calculation quickly changes the tone of the meeting and the loan is approved, with Dana's wealthy father added as a cosigner. Back in his office, Mahoney discovers his bookie, Frank Perlin, played by Maury Chaikin, already waiting for him along with one of his associates.
Owning Mahowny (clip)What are you doing here? Well, uh, we got a little concerned when you didn't show. We thought maybe you were sick or something, or you can't be here. Or this is not the racetrack. How much you got for his banker? I told you I need a day or two. That was on Monday then. This is Friday. Look. Guys, I'm having a bad run. So what? Just give me five thousand more. Five thousand more? Yes. Well, if you can't look after yourself, I'm gonna have to do it for you. What are you saying? I'm saying that we're gonna have to come up with a payment plan. Well, you give me a certain amount of money on a certain day, and until you're paid up, you do not play. For a few grand? It's not a few grand then, it's ten thousand three hundred.
AshleyMan, even the bookies in Canada are polite.
RemiEveryone in this film is remarkably nice and trusting in Canada. It speaks a lot about the culture over there. Everybody's nice. Clearly flustered, Mahoney asks the men to give him one hour, then meet him in the parking garage, and they reluctantly agree. As Frank and his associate leave, Mahoney quickly covers the situation by telling his administrative assistant that the men were simply a couple of bozos looking for a loan, and instructs the admin to not let anyone into his office ever again without an appointment. That should be a no-duh for this admin. Once alone, Mahoney sits at his desk, visibly stressed as he considers his options. Finally, he pulls out a personal bank loan form and fills in the exact amount he owes the bookies. Because he is the branch's assistant manager, Mahoney is able to approve the loan himself, signing his own name as the authorizing officer. An hour later, in the parking garage, Mahoney hands the men a bank draft and instructs them to take it to their branch and cash it. Almost immediately after paying them, he tries to place another bet, but the bookies refuse, apparently feeling that extending him more credit may not be the smartest decision right now. Undeterred, Mahoney returns to the bank and initiates another draft loan, this time under the name Mr. Quince for $15,000 in cash. He then goes downstairs to the teller area and collects the funds himself, explaining that Mr. Quince is waiting upstairs in his office. As soon as the workday ends, Mahoney heads straight to the airport and boards a flight to Philadelphia. From there, he continues by bus to Atlantic City, New Jersey, making a beeline straight for the casino the moment he arrives.
AshleyAnd our dog just did a huge sigh from the depths of her belly. She knows what's about to come.
RemiOur little Corgi is a Philip Seymour Hoffman fan, so she doesn't like hearing about him making bad decisions like he is about to do. Inside the casino, the high rollers are greeted by pit boss Victor Foss, played by John Hurt. Mahoney immediately cashes in the $15,000 he obtained from the bank for a stack of chips and begins gambling, starting at the craps table before moving on to blackjack. His betting strategy appears almost entirely impulsive, placing large wagers with no clear system or pattern, while desperately chasing wins that never quite materialize. By 6 o'clock in the morning, only a small fraction of the money he arrived with remains. While the casino is closed for the next three hours, Mahoney calls his girlfriend Belinda, played by Mini Driver, telling her that he will be out of town on a business trip for the weekend. When the casino floor reopens at 10 a.m., he is back at it again, this time at the roulette table, hoping against hope to recover his losses. It quickly becomes clear that Mahoney is not there for the typical casino experience. He does not drink, he does not socialize, he does not even celebrate when he wins.
AshleyWhich were few and far between.
RemiYeah, he just keeps on gambling, placing one bet after another as the money steadily disappears. By the time Mahoney finally makes his way back to Toronto, nearly all of the $15,000 is gone, and he returns with only $500 left from the original amount. Oof. Back home with Belinda, she notices that Mahoney looks a little worn out and asks if he happened to do any gambling while he was away over the weekend.
Owning Mahowny (clip)Did you win anything? I came home with five hundred.
AshleyWow. Cool. Well, technically he didn't lie.
RemiYeah, he's just spinning it in a positive direction, omitting the fifteen grand and the embezzlement. Not long after, Mahoney tries to dig himself out of the hole by placing a high-stakes sports bet with his bookie Frank. He puts $30,000 on a college basketball game, betting that North Carolina will win by two points. Instead, the Tor Heels win by only a single point, meaning Mahoney missed the spread by exactly one point, adding yet another painful loss to what has already been an extremely expensive week. The next day at work, Mahoney is called into an urgent meeting with his boss. Bill Gooden, played by Roger Dunn. Bill informs him that a client will be signing out a business loan later that day for operating funds, totaling in $200,000 cash. After personally completing the paperwork for the transaction, Mahoney heads downstairs to the teller area to process the withdrawal. Instead of the approved amount, he quietly takes out $300,000 in cash, then heads back to the airport immediately after work and boards another flight to Atlantic City. And by Atlantic City I mean Philadelphia, and then a bus to Atlantic City. Once there, he exchanges $100,000 of the stolen cash for casino chips and returns to the tables. His unusually large spending quickly attracts the attention of casino pit boss Victor Foss, who approaches Mahoney and introduces himself. Foss offers Mahoney an upgraded room and complimentary meals at any of the casino's restaurants, but Mahoney shows little interest in such perks, and simply requests some barbecue ribs with no sauce and a Coke before returning his attention back to the tables. For a brief moment, Mahoney appears to be winning, climbing roughly ahead by $40,000. But the streak does not last, and as the night continues, he steadily loses everything all over again. I could not imagine what this would feel like. Back in Canada, Mahoney takes things a step further, claiming to represent
Bigger Loans Bearer Bonds And Trust
Remia group of investors looking for a short-term place to park their money. He visits another Toronto bank and opens a simple account involving $200,000 in bearer bonds.
AshleyAnd for those of you who don't know what bearer bonds are, just like I didn't before this episode, they are unregistered certificates that are essentially cash and just belong to whoever is physically holding it, offering complete anonymity. Due to the high risk of theft, tax evasion, and money laundering with this type of currency, they're pretty much obsolete in the US.
RemiAnd I believe Canada as well after this whole incident happened. From there, Mahoney heads across town to a different bank and attempts to sell the bonds at market rate on behalf of this supposed client. The moment Mahoney returns to his office, he immediately calls his bookie and begins placing another series of bets. This time he wagers $1,000 on every game, betting on all the home teams in the National League and all the away teams in the American League. That is quite the betting strategy. After placing the bets, Mahoney is summoned upstairs for another meeting with his boss Bill, who has begun noticing some unusual activity within several of the bank's clients' accounts.
Owning Mahowny (clip)Selkirk account seems to be moving at an incredible speed. Perhaps we should find out what their schedule is in the advisor regional office. Um a higher line of credit would be a lot simpler. Okay. Good idea. Sweet, Dan. Right. You've opened a loan account for Pembroke trading? Finally, yes. I thought they'd run into partnership problems. Oh, I guess things are rolling. Uh the documentation was all in place. You approved it yourself. And Jake Arnold. Jake Arnold. Same thing. How long ago did we authorize credit? Two years. And he's never borrowed against it until now? Nope, but he could have.
AshleySo this scene really highlights how much his boss and everyone who worked for him really trusted him.
RemiOn his way back to his office, Mahoney is stopped by another coworker who asks about a client named Roger Opskiner, whose interest payment is overdue. Mahoney quickly reassures him that the matter has already been handled, claiming that the client plans to sell his bonds that very day, and has already come by to sign the paperwork and collect the funds. As has become routine, Mahoney heads right back to Atlantic City the first chance he gets, and immediately returns to the casino floor. Pit Boss Victor Foss once again attempts to accommodate him, offering a range of complimentary perks, including show tickets and even a prostitute. But Mahoney politely declines at all and just wants to keep on gambling.
AshleyThat stuff will require him to actually leave the casino.
RemiAnd I think this is a good time to point out that Mahoney does not have any fun while he is gambling. Mahoney eventually returns to Toronto, even deeper in debt than ever before. Attempting to create the appearance of normalcy, he suggests to Belinda that they get away for a while and take a vacation somewhere warm. Somewhere like Las Vegas.
AshleyHuh. I wonder how he settled on there.
RemiI know, right? Real head scratcher. Not long after, Mahoney places another round of bets with his bookie Frank. This time he wagers on every underdog in the CFL, along with every home team playing that weekend. And also lets Frank know that he will be calling back later to place additional bets on one horse in every race across two different tracks, each at the maximum allowable amount, without even knowing which horses are running.
AshleyAnd he's betting on the underdogs because if he wins, his profit is going to be quite large, but it is a gamble.
RemiEspecially when you're betting on all of them.
AshleyAnd I don't know if this is made clear in the movie, but the reason he says he's doing this and why he's placing these maximum bets and going back to Atlantic City with all this money each time is because he is so in debt that he can't just win to pay off his debts. He has to win big.
RemiMeanwhile, Frank's phone has been tapped by law enforcement, and investigators are listening in as he openly discusses Mahoney's increasingly reckless betting habits and painfully apparent gambling addiction. Like even his bookie is saying, this guy needs to calm down. As authorities begin digging deeper into Frank's clientele, their investigation gradually starts to focus on Mahoney as well. During their romantic getaway to Las Vegas, Mahoney quietly slips away from the room
Las Vegas Breaks The Relationship
Remiwhile Belinda is taking a shower, then heads right to the casino, and cashes in half a million dollars to begin gambling with. Before long, he is deep into a craps game on a surprising winning streak, up roughly $1 million when Belinda eventually finds him. Despite her pleas for him to leave and continue their trip together, Mahoney refuses to walk away from the table.
AshleyRemy, I don't know if you would be making it out to Vegas alive if I stumbled upon you at the casino table and you were up a million dollars and refused to leave.
RemiI feel like you would grab me by the collar of my shirt and say, we're fucking leaving right now, dude. And you would be right to do so. But in this situation, the security keeps Belinda back, so she can't even interfere with Mahoney's gambling. Hurt and heartbroken, Belinda storms off, packs her belongings, and returns to Canada alone while Mahoney remains in Las Vegas, continuing to gamble until eventually leaving with about $200,000. So I guess that's a win for Mahoney, not going totally bust. Meanwhile, in Atlantic City, Victor Foss becomes increasingly curious about Mahoney's spending. He has his staff quietly investigate the mysterious high roller, and soon learns that Mahoney works at a bank and earns only about $22,000 a year Canadian. The discovery leaves Victor and his team wondering where Mahoney could possibly be getting the enormous sums of money he continues to gamble with, especially given that he appears to have no wealth and no trust fund either. Back in Toronto, Mahoney tries to smooth things over with Belinda. He apologizes for how he behaved during their trip and admits that he's in debt, but stops short of revealing just how deep in the hole he really is, or even acknowledging that he has a gambling addiction.
Owning Mahowny (clip)Just say it, Dan. If you just say it. I don't have a gambling problem. Do you think I'm an idiot? I have a financial problem. You want money. Yes, and I know what I'm doing. Are you gonna trust me? Please. I have two thousand dollars in my savings account. If I cash in my retirement plan, it's another three thousand. Will that help? Will that make us into a normal couple? How much do you owe for Christ's sakes?
AshleyAgain, another really good scene from the director. It really highlights how Mahoney is in complete denial of his addiction, and despite everything he has endured, he hasn't reached rock bottom yet.
RemiHe repeatedly says throughout the film that he does not have a gambling addiction. He has a financial problem. Although Belinda accepts his apology, she admits her overwhelming disappointment at the realization that the Las Vegas trip had been to settle a gambling debt rather than to spontaneously elope like she had hoped. When Mahoney arrives at work the following Monday, he immediately notices that the bank floor is filled with auditors who are combing through files and interviewing employees.
AshleyAnd this isn't because they were aware or had suspicion of any wrongdoings, it was just the bank's turn for the yearly audit.
RemiYeah, but he doesn't know that. He almost books it right out of the bank the moment that he sees them, but a coworker spots him, so he just heads on into work hoping for the best. To his alarm, he learns that the bank will be undergoing an audit lasting 8 to 10 days, potentially placing Mahoney under intense scrutiny during the duration. The situation quickly becomes more serious when one of the auditors examines the client file for Roger Obskiner, which only contains a single statement, one memo, no listed address, and no manager's approval signature. When questioned, Mahoney alleviates any suspicion by once again claiming that Obskiner is in the process of selling his bonds and had already stopped by earlier to sign the paperwork and collect the funds. This seems to be his go-to excuse. And it works, because soon afterwards, Mahoney returns yet again to Atlantic City. But by this point, he has grown increasingly paranoid about traveling with
Casino Transfers And Police Surveillance
Remilarge amounts of cash between Toronto and New Jersey. When Mahoney shares this concern with Victor Foss, the casino manager offers him the following solution.
Owning Mahowny (clip)So happens that Vegas maintains an account in Canada. Name of Sunshine Clearing Corporation. Sunshine Clearing Corporation. Has a nice ring to it, don't you think? Alright, the deposit has to be in my name. Our associates? Just let us know. Bring him down. He signs the money over to you in the cage. Alright, what if what if my associates in Vegas? Uh could he sign for it at the cage in Vegas? Yeah. Of course, Dan. No problem.
AshleyClearly so fucking sketchy.
RemiVictor Foss has a subtle evil to him that I appreciate in this film. John Hurt does a very good job with a character that doesn't have a whole lot to do.
AshleyHe and the casino are really the villains of the story.
RemiOh, absolutely. Around this time, Mahoney learns that his bookie Frank happens to be in Las Vegas, so Mahoney calls him up and arranges a transfer of $40,000 into the Sunshine Clearing account, which Frank can then access to place additional bets on Mahoney's behalf. Not long after, Mahoney is called into an urgent meeting with one of the bank's clients, Dana Selkirk, who believes she has only exceeded her original loan by $500,000. What Mahoney's records show, however, is that the balance has ballooned to nearly $5 million in a shockingly short period of time. Luckily for Mahoney, the client's father is a wealthy businessman and co-signer on the account, so agrees to provide additional collateral to secure the loan. After the meeting, Mahoney is praised by his superiors for supposedly handling the situation so well. He is even asked to personally oversee the new paperwork. Mahoney takes full advantage of the opportunity, extending the account even further and increasing the loan by another $1.4 million. Soon after, he arranges another $40,000 transfer into the Sunshine Clearing account for Frank to pick up in Vegas. The only problem is that Frank isn't in Vegas at the moment, so he is unable to collect the money, creating a bit of a complication. As a workaround, Victor Foss proposes a solution. The necessary paperwork will simply be brought to Toronto, so Frank can sign off on everything locally. Though Frank is reluctant since he already is relaxing at home, comfy in his jammy jams, he is eventually convinced by Mahoney to meet him at the airport. What the two don't realize is that the police have been quietly listening in on their entire conversation. That night, while under police surveillance, Mahoney meets Frank in an airport parking lot, and the two head inside the terminal so Frank can sign the paperwork and obtain the funds. Once the transaction is complete, Mahoney immediately boards a private jet arranged by the casino to fly him directly back to the Atlantic City Casino.
Owning Mahowny (clip)I never gamble myself, personally. Well, I just don't see the interaction in it. Well, winning, I guess. But there isn't much of that, is there? You win and lose. Always.
AshleyThat a fact.
Owning Mahowny (clip)That's a fact.
AshleyHe does not look like someone who is enjoying this private jet.
RemiHe never looks like he is enjoying himself at any point in this film. His body language is always hunched over. He is always really quiet and pausing a long time in between words. He seems like someone who has a lot on his mind and is extremely stressed about it. Upon arriving in Atlantic City, Mahoney is met right on the runway by a limousine and whisks straight to the casino. Security escorts him directly to a table as stacks of poker chips begin arriving one after another. Now playing at an entirely different level, Mahoney begins placing bets of roughly $70,000 a hand, as Victor watches from the shadow with dollar signs in his eyes.
AshleyGood God. And a reminder to everyone at home, this is 1982 money.
RemiThis is unfathomable to me. I could not imagine putting this much money on a single hand of cards. This is insanity. At the same time, the New Jersey State Police arrive at the casino cage requesting
Nine Million Up Then Total Collapse
Remirecords connected to Mahoney. They begin reviewing a patron reference card linked to several recent cash deposits, totaling hundreds of thousands of dollars, including $300,000, $600,000, and just minutes earlier, $1.4 million. As investigators in New Jersey and Toronto start comparing notes, the Toronto Police Department quickly begins putting the pieces together about where the money is coming from and where it's going. Back at the Craps Table, Mahoney suddenly finds himself on an extraordinary winning streak. And at one point he even climbs as high as $9 million, drawing a growing crowd of onlookers who gather around the table to watch and cheer him on.
AshleyAnd the real Brian Maloney always said he was only gambling to pay off the debt that he had stolen from the bank. But things like this make it clear it's not true. If he would have walked away right now, he would have substantially reduced his debt, if not almost eliminated it.
RemiExactly. A rational gambler would probably walk away right now. But Mahoney just keeps on betting until the tide inevitably turns, and the casino walks away with every last dollar of his winnings, along with everything else. Before Mahoney heads back to Toronto, Victor Foss thanks him for playing and hands him a small bag containing his usual order of dry barbecue ribs and a medium coke for the trip. How nice of him. After returning to Toronto, Mahoney is quietly tailed by police until Mahoney's old beat-up car finally breaks down in the middle of the road. Officers then move in and arrest him on suspicion of theft over $200, which feels like a remarkably polite way of describing the largest single-person bank fraud in Canadian history. That was the charge. Canadians are so nice even with their charges. Also, permission to speak freely. I had no idea Canadian police cars were painted bright yellow back in the 1980s, and visually I found it quite amusing. At the police station, Mahoney is interrogated by investigators, but still refuses to acknowledge that he has a gambling problem, even as the evidence begins to reveal that he stole more than $10 million from the bank he works at. His bookie Frank is also questioned about his involvement after signing multiple bank drafts connected to Mahoney's transactions. Mahoney is eventually released on bail, posted by his client, Dana Selkirk. Belinda arrives to pick him up from jail, devastated and angry after finally learning the truth about his deception, along with the massive financial crimes he's committed. And yet, despite everything, Belinda still loves him and ultimately chooses to stay by his side. Would you stay by my side, Ashley, if it was revealed that I had embezzled $10 million from my employer and lost it all gambling?
AshleyAbsolutely not.
RemiLater, Mahoney and Belinda visit Niagara Falls, where a title card reveals what ultimately happened to Mahoney after his arrest. Dan Mahoney received a six-year sentence for fraud. He married Belinda on a three-day pass in Enterprise, Ontario. He has not placed a bet since his arrest. The bank's suit against the casino was settled out of court. For a number of years, the bank received part of every dollar Mahoney earned. The casino was shut down for 24 hours for regulatory violations. In Atlantic City, the occasion became known as Dan Mahoney Day, or Brian Maloney Day. And that was Richard Quintinowski's owning Mahoney. Initial reactions, Ashley?
AshleyYeah, I have two. From the clips you showed me, this looks like a very well-shot, engaging movie. Why did this director not do more things?
RemiThe only thing I can chalk it up to is that this film really didn't make any money. And I don't think his first film that quote unquote hit big was a financial success either. And it's hard to get funding if you're not bringing some cash in on these productions. And that's the only thing I can chalk it up to. This was a great film with a brilliant performance.
AshleyAnd my second thought is whenever I see Philip Seymour Hoffman in a movie now, especially one I haven't seen, it just makes me so sad. It is, of course, always sad when a beloved movie star or celebrity passes away, but it's especially sad when it happens to someone who is at the height of their career, and you know they just had so much more to share with the world.
RemiI totally agree. Philip Simo Hoffman's death and Heath Ledger's death as well hit me particularly hard because they were two actors that still had a lot to contribute. Philip Simo Hoffman is a brilliant actor, and he was taken far too soon. Well, let's get into the release of Owning Mahoney.
Release Stats And Where To Watch
RemiOwning Mahoney came out on May 2nd, 2003, and was distributed by Sony Pictures Classics. Rather than opening wide, the film debuted in a limited release in select major markets, a common strategy for independent films of this scale at this time. Financially, the film performed modestly. Produced on an estimated budget of about $10 million, it ultimately earned roughly $1.3 million worldwide. In an oddly fitting coincidence, the film's budget is almost identical to the amount of money Brian Maloney actually embezzled from the bank. Meaning the real crime and the movie about ended up costing the exact same amount.
AshleyWell, if you don't adjust for inflation.
RemiOn Rotten Tomatoes, Owning Mahoney holds a 78% approval rating based on 96 reviews, but no critical consensus. However, Philip Seymour Hoffman's performance is singled out as the film's defining element. And he went on to win the Academy Award for his performance in Capote just two years after this film. The film also received recognition within the Canadian film industry at the 24th Genie Awards, receiving nominations for Best Motion Picture, Best Performance by an Actor in a Leading Role, Best Adapted Screenplay, and Best Original Score for composers Richard Graspie Lewis and John Hassel.
AshleyObviously, the best performance by an actor is well deserved, but also the screenplay. This book is incredibly detailed. There's a lot of banking terminology I had to look up, a lot of ins and outs and gambling, and it basically follows Brian Maloney on a week-to-week and sometimes day-to-day basis, so it's just incredibly dense, and I must say the writer just did a phenomenal job adapting it.
RemiIn terms of the real-life subject of the film, Brian Maloney, there is no widely verified public record showing that he ever commented on the film or even saw it. Some secondary accounts suggest the movie captured aspects of his personality fairly accurately, but Maloney himself appears to have kept his thoughts to himself. Which is understandable when the film about your life centers around the time you embezzled more than $10 million, only to enjoy none of it and lose all of it gambling. Today, Owning Mahoney is currently available to watch for free on YouTube. And if you are a Philip Seymour Hoffman fan, I highly recommend you take a gamble and check it out someday if you haven't already.
AshleyWell, Remy, with that, why don't we get into the real story of Brian Maloney, starting with one of his favorite songs at the time.
Melissa Manchester – Don't Cry Out LoudJust keep it inside.
AshleyThe fourth of nine children, he was raised in a devout Catholic household. His
Brian Maloney Childhood Gambling Roots
Ashleyparents attended Mass daily and sent their children to Catholic schools. Maloney's mother was a homemaker, and his dad was a highly respected ear, nose, and throat surgeon. He was affiliated with six different hospitals, taught at the University of Toronto, and maintained two separate offices. His father wasn't addicted to gambling by any means, but he did enjoy watching horse races and sometimes brought Brian along. Before long, he was going to the racetrack on his own. He was too young to place bets, but he often tugged on the sleeves of adults in line, asking them to place wagers for him.
RemiHave you ever been to a horse track, Ashley?
AshleyNo, I haven't, but I would love to go to the Kentucky Derby someday. That's a bucket list thing for me.
RemiI do think that would be very cool. My parents live in upstate New York, so we used to go to the Saratoga racetrack, and it's a lot of fun, especially if you win a couple bucks.
AshleyIn elementary and junior high school, Maloney's interest in gambling expanded. He played poker and spent more time at the racetrack, often sneaking off when his parents thought he was babysitting. He used money earned from odd jobs and babysitting to bet on his favorite steeds. At St. Michael's choir school, he won money during lunch by playing poker and betting on hockey and baseball games, often acting as the bookkeeper for his friends.
RemiI did not know anyone in high school who was like this. This is like a serious problem starting very young.
AshleyThis is even before high school. He was in debt from gambling, not very much, but in debt by the time he was 10. He sometimes stole small amounts of money from his mom's purse, but it wasn't until he took $200 from a neighbor that his parents caught on. In response, his dad decided he needed to repeat the 10th grade at boarding school.
RemiI didn't know your parents could just volunteer you to repeat the grade.
AshleyYeah, that's a good point. I think he was already young for his age, so they just withdrew him, sent him to another school, and enrolled him in the same grade. At Regina Mundi, Maloney met his best friend, Doug Fox. The two couldn't have been any more different. Doug was outgoing, a natural athlete, and popular with the ladies. Maloney, on the other hand, was nicknamed Lurch after the butler from the Adams family. Despite their differences, the boys had similar interests and became fast friends. During this time, Maloney earned extra money by working at his dad's dairy farm for five summers. During his fifth and last summer, he gave the entire $1,400 he earned to his bookie in Toronto. Maloney's gambling habit followed him to college. He enrolled in the journalism program at the University of Western Ontario and spent most of his free time at the racetrack, but he still did well. He dreamed of being a financial writer and even sold two stories about the evolution of cattle breeding and health insurance plans, all while earning extra money driving trucks and moving furniture. Shortly before graduation, Maloney came across a job posting at the Student Placement Center.
How The $10.2M Fraud Worked
AshleyThe Canadian Imperial Bank of Commerce, which I'm going to refer to as the CIDC from here on out, was Canada's second largest bank, and they were conducting interviews. Interested in the opportunity, Maloney hitchhiked to Toronto to take the aptitude test. The bank planned on putting new hires in the officer and training programs, but Maloney's test scores were so high that he was fast tracked into the more prestigious management training program instead. He was set to start immediately after graduation. Maloney moved back home and started at a small Toronto branch. He spent the first six months learning the ins and outs of banking, rotating across multiple departments, including teller services, savings and current accounts, loan accounting, and foreign exchange. From there, he worked as a relief employee, floating between nearby branches. Next up was nine months as an audit assistant across several provinces. Once his training was complete, he became a credit officer at the Bay and Richmond Branch in Toronto. He was promoted to assistant manager just two years later. Around this time, Maloney reconnected with a 24-year-old bank teller named Brenda. The two first met when he was working as an audit assistant at her branch. They began meeting for lunch and drinks after work, starting out as just friends. At the time, Maloney was casually dating two other women but dropped them once the relationship with Brenda turned romantic. Spending time alone proved somewhat difficult in the beginning. Brenda still lived with her deeply religious parents who believed women shouldn't move out until they were married. Growing tired of borrowing friends' houses and paying for hotel rooms, Maloney convinced Brenda to rent a one-bedroom apartment. She was under the impression this arrangement would prompt them to spend more time together. But that's not what happened. Instead, Maloney grew distant from his friends and family. He seemed anxious, aloof even, always blaming it on work stress. But behind closed doors, Maloney was harboring a secret. His addiction to gambling was spiraling and taking its toll. By September 1980, Maloney was over $15,000 in debt. He bet on everything horse races and MLB, NBA, and NFL games. When he wasn't at the racetrack or wagering on sports, he could be found at the casino playing craps, poker, or baccarat. Sidebar. For those of you who don't know what baccarat is, like I didn't, it's a popular card game often associated with high rollers and James Bond. It involves betting on three outcomes a player win, a banker win, or a tie. Sounds easy.
RemiI remember seeing a skit on American Dad where they were parading James Bond, and the villain suggests that they play a game of Baccarat.
American Dad (clip)Name your game. Okay. Baccarat. Yeah, I don't know how to play that. Okay, then. Craps. Yeah, I don't get that either. I mean, seven's good, but then seven's not good. How do you play the whore and then they get mad at me? Okay, okay.
RemiAnd honestly, I didn't either until you just explained it.
AshleyAt this time, Maloney had two bookies, Mario Colizzi and Nick Beck. In September, they both showed up at the bank together, demanding the money he owed them. By this point, Maloney had already liquidated his stocks, borrowed against his mom's, cashed out his retirement savings, and taken out a personal loan.
RemiHow old is he at this point?
AshleyHe is, let me do the math. He's like 25.
RemiOh my god.
AshleyMaloney needed money, and he needed it fast. He could only see one solution. Using his position at the bank, he issued a fraudulent loan. He wrote it under Nick Beck's name, since it was more common than Khalizzy, and he kept the amount just under the reporting limit. His plan was simple. Win big, repay the loan quickly, then retrieve and destroy the paperwork before anyone was the wiser. On paper, the purpose of the loan was an investment. Just hours after issuing Beck the $22,300 loan draft, he placed the maximum bet on every single MLB game playing that night. The next day, his boss, Alex Osborne, asked him about the loan. He accepted Maloney's curt response about Beck being a new customer. He trusted Maloney and had been assigning him more responsibilities at the branch, assuming he would be promoted to manager one day. Within two weeks, Maloney put in two more loans under Beck's name, bringing the total to $70,000. Over the next 15 months, Maloney embezzled $10.2 million Canadian dollars from the CIBC. He gambled at all 297 casinos in Vegas and made 37 trips to Caesars Palace in Atlantic City, New Jersey.
RemiHe gambled at every single casino in Las Vegas?
AshleyYeah, isn't that nuts?
RemiI think I've maybe been to 5% of the casinos in Vegas.
AshleyWell, wait for this. During that 15 months, on average, he lost $18,280 of the bank's money every single day.
RemiEvery single day?
AshleyThat's when you average the $10.2 million over 15 months.
RemiThat is mind-boggling.
AshleyMaloney started by issuing additional fraudulent loans in Nick Beck's name, but as the amounts grew, he had to change tactics to avoid suspicion. In late October 1980, he established a line of credit for Sun Crown Trading, a company owned by a group of Italian businessmen planning to start an import-export business. The venture fell apart due to partner disputes before it ever got off the ground. But the account had already been approved by Osborne and was never used, leaving Maloney the perfect opportunity to take $50,000. From there, he set his sights on accounts belonging to two of his customers, Eli Kowarski and Sherry Brightson. Both had lines of credit accounts for their own business ventures. Maloney either withdrew funds directly from those accounts or created new loans in their names. By the end of the year, he had taken almost $200,000. And this is just in three months. As his fraudulent accounts and web of lies grew, so too did his efforts to avoid detection. Whenever Osborne flagged accounts nearing their limits, or when interest payments came due, he shuffled money between them. He took out demand notes from one account to cover another, always leaving just enough for him to pay the minimum to his bookies and gamble through the weekend. And he used every tool at his disposal. Loan advances, certified checks, promissory notes, and barabonds he bought from a brokerage firm called Richardson Securities. Each time he lied by saying he was working for a group of investors or had a customer waiting in his office for the funds. Quick definition breakdown of some of these terms, because I had no idea what any of them were. I'm going to skip barabonds because we already covered that. Demand notes are short, often unsecured loan agreements that don't have a fixed repayment schedule. And when a loan is secured, it means it's backed by some sort of collateral, like a home or a car, that the lender can seize if the loan is unpaid, which typically results in lower interest rates. Maloney had unsecured loans. Then there's certified checks, which are issued by banks, ensuring that there's enough funds in an account. And lastly, promissory notes, a legal binding document where a borrower unconditionally promises to repay a specific sum within a set time frame.
RemiLike an IOU.
AshleyThat has been like notarized. By May 1981, all Maloney's fraudulent accounts were overloaded, and he owed four bookies a significant amount of money. Desperate for cash, he took his scheme a step further. He created an account for a non-existent person, Roger Osciner. Under that name, he put in orders for cash, always in US dollars, turning over hundreds of thousands of dollars each week. He'd periodically return to the other accounts when he could, but the Osciner account became his bread and butter.
RemiI just want to point out that they changed basically every character's name in the film, but they kept Robert Obskiner's name the same. I think that's kind of funny.
AshleyIt's because it's a made-up person.
RemiI know, but it's just kind of funny they kept that specific name.
AshleyMaloney's cash orders became so routine that the tellers stopped flagging them to their supervisors. Feeling emboldened as time went on, he created other fake accounts for Leo Sherman Investments, 499726 Ontario Ltd. and Elm Street Holdings. Shortly after he started embezzling, Maloney began flying to Vegas or Atlantic City nearly every weekend. In Vegas, he drifted from casino to casino, playing backarat and craps, nonstop until every dollar was gone, only stopping to use the bathroom or bet on ball games. Despite the massive amount of money in his hands, he wore ill-fitting suits and had shoes with holes in them, tipped poorly, and survived on a diet of fast food and soda. He rarely slept and vowed each loan would be his last, but it never was. As the months passed, he grew increasingly paranoid that his scheme would be uncovered. Any work-related phone call, memo, or mundane inquiry caused his anxiety to spike. Back in Toronto, he was deeper than ever in debt to his bookies and never left the racetrack for long. This sounds so stressful and just unpleasant.
RemiThis sounds like a miserable existence filled with anxiety and moments of hope that are quickly fucking crushed.
AshleyIn early 1981, Maloney's branch merged with another, creating the biggest and most profitable of CIBC's 1600 branches. His friend and mentor, Alex Osborne, was transferred and replaced by Harry Buckle, an older man with a much more hands-off managerial style. Since he was just a year from retirement, he had little interest in shaking things up and wasn't motivated by things like promotions. The merger went as smoothly as could be expected, but still led to mass confusion. There were new accounts to manage, unless time to review them. It also created physical changes in the branch that worked in Maloney's favor. The securities department was moved from the ground floor to the basement. When he needed to buy bearabonds, he was unseen by people who knew him. His office moved from the ground floor to the mezzanine level, out of sight from the discount or foreign exchange departments. This meant when he went asking for a loan or cash for a reported customer waiting in his office, the tellers would have to leave their post to confirm they were actually there. Once Maloney started dealing in U.S. currency, most of his trips were to Atlantic City. He'd stuff at least $100,000 in his pocket to avoid having to declare it to customs.
RemiThere is a scene in the movie where he's going through customs with wads of hundred dollar bills, and there's a little boy who sees that he has all this cash on him, and he's just like, wow.
AshleyHe started flying to Philadelphia and taking a shuttle bus to Atlantic City two or three times a month. He became known as Mr. M and started drawing the attention of the management team at Caesars Palace. They knew him as someone who came back, no matter how much he lost. They wanted to do everything they could to prevent him from taking his business elsewhere. The perk started small, comped rooms, food, and beverages, his flights were paid for, his rooms turned into lavish suites, and his shuttle bus became a private limo. Towards the end, he was traveling to and from Atlantic City on the casino's private jet. Despite these perks, Maloney tried to keep a low profile. He was all business at Caesars, never engaging in small talk or giving out personal information.
RemiI had no idea that there were two Caesars palaces. I thought there was just the one in Las Vegas. But this makes a lot of sense because in the film, The Atlantic.
AshleyWell, actually, now that you mention it sidebar, I have a question for you.
Owning Mahowny (clip)This isn't the real Caesar's palace, is it? What do you mean? Did um did Caesar live here? Um, no. I didn't think so.
AshleyMaloney brought Brenda and some friends with him a few times, but everyone hated it. He refused to gamble with anyone he knew and was hardly in the room at all. One time, he didn't even check out of the hotel until 30 minutes before their flight was scheduled to leave.
RemiMy dad took me on a Vegas trip when I was in my 20s, and he brought along some of his friends, and there was one guy that would do this sort of thing. He would literally be gone the entire night and show up at about 6 a.m., crash for a little bit, and then get up and go back to the casino.
AshleyAnd in Toronto, Maloney went to the racetrack every day after work, sometimes playing craps afterwards. Before leaving the bank, he made sure he had his ducks in a row so he would have enough money for his weekend trips to Atlantic City. He always bet the max on every sports game and paid his bookies just enough to keep them at bay. In November 1981, Maloney faced a new obstacle. His branch was due for its yearly audit. The auditors counted the cash and securities, seized the books, and went through each loan, confirming the security and collateral of each. Maloney knew the Roger Oskener account, the man he made up, was $75,000 over the bank's $100,000 loan limit. And there was no security or even an address on file.
RemiBecause he doesn't exist.
AshleyThinking on his feet, he drafted a hasty memo indicating he spoke to the credit room and got approval for the loan. He ran into another problem with the Sherry Bradson account, which now totaled $2 million. Somehow, the auditors overlooked her fraudulent second account and passed it right on through. No red flags were raised.
RemiThey kind of dropped the ball on this one, those auditors.
AshleyAfter his crimes were discovered, few at CIBC were surprised the audit failed to uncover the millions of bad loans he had at that point. The auditors weren't really looking for irregularities in the accounts as much as if the documentation was in order. If the documentation showed the loan was fully secured, or if the borrower had substantial net worth, it was passed through as legit. Their interest was whether the paperwork was in order, not if the information was accurate.
RemiSo as long as it was filled out, that's good enough for them.
AshleyThe stress of the ongoing audit weighed heavily on Maloney. He didn't go with his family on their yearly Christmas trip to Fort Lauderdale and canceled his New Year's Eve plans with Brenda, instead, spending the holiday alone in Atlantic City. His old pal and boss, Alex Osborne, didn't help matters. He was in the process of trying to get Maloney transferred to his branch, even setting up a lunch meeting with two senior partners. It would look suspicious if Maloney didn't seem excited about it since it came with a pay increase. But if the transfer was approved, he would only have two weeks to settle his debts before they were turned over to his replacement. To his relief, his current boss, Harry Buckle, blocked it. Maloney also ran into problems with Leo Sherman and Cherry Brightson, two of his regular customers. A couple weeks into 1991, Sherman's accountant showed him a bake statement with a questionable deduction. Maloney knew what it was instantly. A month's interest on the $360,000 loan from another account Sherman didn't know existed. The interest was supposed to accrue on the fictitious loan, so Maloney just went to the discount department, explained the mistake, and had it corrected. Not long after that near miss, Sherry Braitson applied for a legitimate loan and didn't understand when the bank had serious reservations about granting it. She had always been transparent about her spending and paid everything on time. Only Maloney knew the real reason for the bank's reluctance. On January 22nd, 1982, a York County judge granted the head
Wiretaps Caesars And The Final Stop
Ashleyof the Metropolitan Toronto Police Intelligence Bureau an authorization to wiretap eight men suspected of illegal gambling. One of them was Mario Colizi, Maloney's main bookie. The next morning, Maloney flew to Vegas and lost $140,000. He barely had enough money for cab fare back to the airport. He planned on being in Vegas for the Super Bowl, but was forced to watch the game at home. How could he stay in Vegas if he couldn't be at the casino? He ended up winning his $80,000 bet on the game, but broke even because of how much he owed his bookies.
RemiSo did he pay any of this back at this time and end up taking even more out?
AshleyHe is using all of his money to pay off his bookies, so they'll keep letting him put bets on sports games. And any money he's paying back to the bank, it's just to pay off interest from the loans when they're coming due so he can continue taking out more loans. So he never likes made a loan payment. It's just to keep him afloat.
RemiAnd the debt is just piling up and piling up.
AshleyIn early February 1982, the anti-gambling squad of the Toronto PD started listening to Kalizzy's calls eight hours every single day. Through these wiretaps, they learned about a so-called Mr. Brown. He didn't sound like the other men Kalizzy talked to. He was articulate, well educated, curt, and owed a lot of money. Nick Beck and Kalizzy's calls often involved conversations about who'd get Mr. Brown's next payment. Another petition for a wiretap was granted after the first expired. While boarding a flight in March 1982, Maloney set off the metal detector with car keys he forgot to take out of his pocket. He somehow managed to remove them without alerting TSA to the massive amounts of cash he also had in there, but couldn't risk another close call. He reached out to Jess Lenz, a credit executive at Caesar's Palace. He wanted to know if there was a way to transfer funds directly from Toronto. Lenz said, yeah, he could wire the money directly to the Caesars account from his bank, something Maloney obviously couldn't do since American law required cash deposits of more than $10,000 be declared. He mumbled something about tax problems and dropped the issue. But Lenz had a solution by his next visit. The Bank of Montreal had an American account called the California Clearing Corporation, a dummy account set up by Caesars for casino patrons wishing to deposit cash for future use or pay down gambling debts. Once a deposit was confirmed in Toronto, it would be immediately available for use in Atlantic City. By this point, Maloney's debt had reached $7 million. At the beginning of April 1982, Maloney took out a loan for $900,000 in the name of DCL Customs Brokers Limited using Kalizzi's name. He took out another $1.2 million from another fictitious account on April 19th. This is when he started using the California Clearing Corporation account. Under Kalizzi's name, he tried to withdraw $920,000, but the Casino was informed that Maloney couldn't because the money wasn't in his name. Two credit officers tried to persuade the clerk to release the money, but he refused to break policy. Kalizzy had to come with Maloney, show ID, and sign the funds over. Maloney was on a plane and couldn't be reached, so a hasty meeting was convened in Peter Boyan's office, the president of Caesar's Palace.
RemiCaesar himself.
AshleyThey brainstormed how to accommodate Maloney without violating New Jersey Casino Control Commission regulations or breaking federal law. If Khalizzy couldn't come to Atlantic City, maybe they could send someone to Toronto to get his signature on a deposit receipt to authorize release of the money.
RemiI'm listening.
AshleyThis is called a cage transaction, and is something that should only be done on premise. Nonetheless, the higher up said it would technically still be done in the cage. The cage would just be in Toronto at the time.
RemiOkay, this is something I had a question about. They are transporting the cage. What does that entail exactly? Is the cage just the name for like the people that are handling the money and the contracts being signed? Or is it like a literal cage is being transported?
AshleySo from what I could take away, the cage just refers to the people issuing the money or signing over money for gamblers. It's not an actual cage. I mean it might be, it probably is. You know, like when you go up and cash in chips or something, there usually are like bars or glass.
RemiBut this situation is referring to the employees and the paperwork or the cage.
AshleyYes, that's how they rationalized it in their minds. So this plan was floated to Maloney during a phone call. He thought it could work so long as Kalizzi wasn't made aware of the amount of the transaction. Any forms he signed should be blank and filled in later, and people handling the transaction shouldn't answer any of Kalizzy's questions. Send them to Maloney instead. And to the higher ups at Caesar's Palace. These demands seemed reasonable. Two women flew to Toronto to meet Kalizy at the American Airlines ticket counter. Maloney sat in his suite and watched TV until he got his money at 1.30 AM. He lost it all and was back in Toronto by 6.30 in the morning, just in time for work. Two days later, on April 21, 1982, Maloney called to arrange another trip. Caesars could have a plane waiting for him at 6 30. Make it eight, Maloney said. He had bowling league that night and Brenda would be mad if he missed it again. Maloney pestered people to bowl faster and left as soon as he finished his last frame. Brenda was told to get a ride home with her brother. He flew back to Toronto the next morning, went home, showered, and headed off to work. He was back in Atlantic City the next day. Maloney planned another nighttime flight to Atlantic City on Monday, April 26th, 1982. It would be his last. Using Kalizy's name, he arranged for $1.4 million to be deposited via the California clearing account. Klizzy went with him to the airport to sign the documents. Before doing so, Maloney realized he didn't even bring a bag with him. To avoid suspicion from customs, he purchased a plastic one from a travel agency, haggling down the price from $5 to $2.
RemiThis is in the film.
AshleyJust before his plane touched down, two New Jersey police officers went to Caesars asking to see all credit documents in the name of Brian Maloney and Mario Khalizzi. By then, Toronto investigators had learned Maloney's real name and put two and two together once they discovered he worked for the CIBC. Maloney sat down to play his first baccarat game at 9.34 p.m. By 3.55 in the morning, he lost 1 million of the 1.4 he brought with him. He took $27,000 in cash and left the remaining $390K on deposit, planning to return with more on Wednesday. All the loans needed an interest payment, and $390K just wouldn't cut it.
RemiHe was just gonna keep going.
AshleyOh, he would have kept going. Literally, I think only arrest or death would have stopped this man. Maloney was pulled over while driving home, supposedly for going 30 miles an hour in a 20 mile per hour zone. He was asked the standard questions. Who are you? Where are you going? Where are you coming from? Would you mind opening your trunk and bags? The vehicle contained damning evidence of his frauds, transaction receipts and deposit slips from Caesars and various bank accounts. Even after being told he was being arrested for theft, he still didn't realize it was over, telling himself he could straighten everything out at the station.
RemiI mean he's been able to talk his way out of every situation up until this point.
AshleyTo avoid risking continuity of evidence, the officers let him drive his car to the station. Once two sergeants from the fraud division told him they knew what he'd done, a relieved and sleep-deprived Maloney spent the next hour confessing. Even after he retained legal counsel, he told police he had more money at home. They needed to transfer him to a different station with holding cells anyway, so they let him drive his car home with an officer riding shotgun. Once there, they searched his apartment, seizing every penny and scrap of paper they could find. They were literally taking one dollar bills. And they considered it all to be potential evidence. Upon hearing about Maloney's arrest, Cully started making plans to get to Vegas. He was arrested that night for possession of property obtained by crime. He later won this case, but pled guilty to tax evasion. He had 60 days to pay $83,000 in federal taxes, plus a fine to avoid a year in prison. A few weeks later, he showed up at his attorney's office with a broken elbow ouch and fractured skull. The man he fought at a bar died of gunshot wounds to the head. In the summer of 1987, he was free on bail awaiting trial for second-degree murder. I couldn't find anything about the outcome of the case. Nick Beck, Maloney's other main bookie, was never charged or seen in Toronto again. Homeboy bounced. Informed by police about Maloney's arrest, the CIBC sent two security employees to his branch. Harry Buckle was stunned to learn approximately $9 million in loans should be unaccounted for. The bank immediately filed an injunction stopping Caesars from withdrawing the pending $1.4 million from Maloney's latest deposit. Everyone who knew Maloney was shocked when they heard the news. How could a 27-year-old man who dressed in cheap clothes was a known atrocious tipper and someone they all trusted embezzled $10 million without anyone being the wiser?
RemiHe definitely did not look like he was rolling in cash during this time.
AshleyAfter a few days, he was released on a $260,000 bail raised by friends, family, and a lien on his parents' home. Despite the massive deception, everyone was supportive of him, including Brenda and her parents. No one talked about his arrest or knew how much he was accused of embezzling. Despite his legal problems, he was relieved it was all out in the open and told Brenda and eventually his dad everything. The case gained international attention and caught the eye of Walt Devlin. He had lost everything to gambling, but turned his life around with religion, support groups, and therapy from Robert Custer, a psychiatrist in Washington, D.C., specializing in alcohol addiction. Devlin called Eddie Greenspan, Maloney's attorney, and told him compulsive gambling was a psychiatric condition. At first, Greenspan was wary, but he changed his tune when Devlin described Maloney's gambling habits to a T without ever meeting him. Devlin believed he could help Maloney get a lenient sentence. It would involve psychiatric evaluations, expert testimony, and therapy at the first treatment center for addictive gambling run by John Hopkins University. Maloney wasn't convinced. He was deterred by the hefty prize tag and his refusal to admit he had a problem. His issue wasn't gambling, it was financial. It took some convincing, but he reluctantly agreed to go. In June 1982, Maloney walked into the Johns Hopkins outpatient facility in Baltimore, Maryland. He spent the next two weeks with three other patients, despite the average stay being four to six weeks. While there, he isolated himself from the group and didn't say much. It was clear he didn't identify as a gambling addict. Despite this, his friends and family said he changed while in Baltimore. Now he was more willing to talk about what happened and seemed less skeptical about having an impulse control disorder, probably because he wanted a medical explanation for his behavior. He started seeing a psychiatrist and attending weekly gambling support meetings. Six months after his arrest, Maloney's mom was diagnosed with terminal spinal cancer. She was admitted to the hospital by Christmas and stayed there until she died a few months later. By that point, Maloney had found employment with a computer software company. He helped establish marketing and reporting systems and reduced their cash flow problem by negotiating with suppliers, reducing expenses, and urging changes in pricing methods. Despite the hospital being 40 minutes away, he visited at least once a day, organized a schedule to ensure at least one family member was with his mom at all times, played her favorite music, and helped her read newspapers after she lost functionality in one of her arms. The only thing they didn't talk about were his legal situation and her illness. While awaiting trial, the CIBC and Caesars Palace had their own legal battle unfolding.
RemiThis is what I was wondering about. Did they have to repay this money?
AshleySo, after the bank froze the final $1.4 million before it left Toronto, the casino responded by saying the money was rightfully theirs. The bank countered by arguing the casino should have known the money was illegally obtained, but Caesars asserted they had no reason to believe Maloney worked for a bank or acted in fraud when he gambled there or made deposits to the California Clearing Corporation. In their view, the fraud was caused by the bank's negligence. The Supreme Court of Ontario ruled that money paid under a mistake of fact may be recovered no matter how careless the payer might have been. They also concluded that Caesar should have been suspicious of Maloney since he arranged transfers under Khalizzi's name. In 1984, the CIBC launched a second suit in the United States District Court in New Jersey, seeking $4.7 million in reimbursements plus interest and legal fees. They again argued the casino should have known Maloney was gambling with funds that didn't belong to him. The casino made the same arguments they made in the first case, highlighting that they aren't necessarily interested in who gamblers were or where they got their funds. Many people wanted to remain anonymous. The case was settled out of court in 1986. The details of the settlement were sealed, but the rumor in the gambling industry was Caesars returned roughly $7 million.
RemiYeah, that was gonna be part of my question. If someone robs a bank of millions of dollars and then loses it all to a casino and then that person is caught, should the casino have to pay it back? I think yes.
AshleyOne, I think the crux of it was they did some shady shit, and it was clear Maloney was getting his money questionably. And it's pretty obvious to me that Caesars Palace knew this and just chose to look the other way because of how much he was losing to them. And the CIBC wasn't the only agency that came after Caesars Palace. The Division of Gambling Enforcement made recommendations to the Casino Control Commission, the agency that had the power to enact fines, strip employee licenses, and revoke operating permits. The investigation yields bountiful evidence of suspect dealings with Maloney. A complaint was filed charging the casino and 11 employees with 28 regulatory violations, most of which involved how the money was transferred from Toronto to Atlantic City. The casino settled. Nine of the 11 employees were fined $3,000 to $10,000. The certification of operation was suspended for 24 hours on Saturday, November 30th, 1985. But the casino still had to pay their employees' normal salaries. Plus tips. The closure resulted in an estimated loss of one million dollars in profits and was humorously called Brian Maloney Day by staff. After Maloney's frauds were discovered, the CIBC immediately suspended 11 people. Everyone who interacted with him was under suspicion. The bank just couldn't believe he acted alone. Alex Osborne, Maloney's manager for the first six months of the fraud, took a salary cut and transferred to another branch in Vancouver. He was never the same after Maloney's arrest. The investigation left him thinking someone at the bank was out to get him. After airing on an expense account, he became convinced that he'd be fired or criminally prosecuted. He began losing weight and worried he had cancer. He died by suicide in November 1986. He was just 48 years old. Steve Richardson, Maloney's credit officer, was fired. His primary duties involved fetching files, ensuring documents bore the required signatures, and making phone calls that Maloney didn't want to make. He was clearly the bank's fall guy. Harry Buckle was given the choice between a demotion or early retirement. He chose the latter to not impact his pension. The CIBC enacted increased security changes after Maloney's arrest. The procedures at Bay in Richmond became so intense that some called the branch Fort Knox. Over the years, the bank started to adopt U.S. banking procedures, such as reducing the use of bearer bonds and conducting random monthly checks of liability returns instead of having them on specified dates. Brian Maloney pled guilty to one count of fraud over $200 in November 1983. He was held at the Don John Jail during the three months between conviction and sentencing. Before he was convicted, he was put in charge of international sales at the software company. Ironic, since he wasn't allowed to go more than 25 miles away from Toronto. In jail, he continued consulting with the company about long-term strategy and how to efficiently execute contracts.
RemiThe software company was just cool with him being in jail during all of this?
AshleyYeah, he didn't continue working for them when he went to prison, but it was just before he was sentenced because who knows, he might have gotten probation. Maloney's fellow prisoners considered him a hero. They bombarded him with questions about the inner workings of banks and how he pulled off the biggest fraud in Canadian history.
RemiI have heard that in prison, bank robbers are the most respected because they're like sticking it to the man.
AshleyIt's considered a quote unquote victimless crime. While Maloney gave humorous answers to evade the questions, never telling anyone his strategies. He also had a friend buy Brenda an engagement ring and asked her father to present it to her on her 28th birthday. She said yes. Maloney's sentencing hearing was held almost two years after his arrest. Eddie Greenspan knew his best bet, pun intended, on receiving a lenient sentence
Gambling Disorder In Court And Sentencing
Ashleyhinged on educating the court about compulsive gambling. He did this through expert witnesses. Two testified about the criteria for gambling disorder, highlighting how it was considered an impulse control disorder in the Diagnostic Statistical Manual of Mental Disorders and the International Classification of Diseases, the two most widely used methods for categorizing medical and psychiatric conditions. The experts that evaluated Maloney testified that he had a serious mental disorder, wasn't antisocial or a danger to society, and had remorse. Maloney's current psychiatrist and leader of the Johns Hopkins Gambling Treatment Center were also called. Finally, his dad testified about his son's childhood gambling habits. In closing, Greenspan highlighted that there was no evidence Maloney directly benefited from his misdeeds, the nonviolent nature of his crime, and that his guilty plea and cooperation throughout the investigation saved the crown time and money. He also argued that Caesar's palace bore some responsibility. They transported him to and from Toronto, offered enticements, and helped facilitate transfers across international borders. It sounds like this attorney did a really, really, really good job during this sentencing hearing. The whole point is to try to present evidence to get your client a lenient sentence, and this attorney threw out everything in his arsenal. And it partially helped. In the ruling, the judge recognized the validity of impulse control disorders, but couldn't discount the magnitude of the crime and Maloney's position of power. Instead of the maximum sentence of 10 years in prison, he was to serve six.
RemiThe maximum was 10 years in prison for embezzling over $10 million?
AshleyYeah, this would be like life in the federal system here.
RemiYeah, that seems like a slap on the wrist, especially six years for this, but he didn't enjoy the cash at all, so.
AshleyWell, wait till you hear how much time he actually ends up serving. Maloney started his sentence at a maximum security facility but quickly downgraded.
RemiYeah, this guy does not need maximum security.
AshleyHe worked in the accounting department until his proposal to make an orientation video for new arrivals was approved. He researched what should be included, wrote the script, and filmed it. By the time the book was published in 1987, it was supposedly still being shown at this facility. Maloney also played every single sports game offered, helped inmates with their parole applications, or illiterate ones write letters, and worked in the kitchen. He became friends with people of all walks of life, relying on his humor to diffuse stressful situations. He loved playing cards and Monopoly, always insisting on being the banker, but never caved under the constant pressure to gamble. Instead, he was heavily involved with the gambling program, though others weren't sure if he believed he was an addict. Sometime in early 1986, Maloney got a job at a retail computer store and was granted day parole, meaning he could leave the minimum security prison for work two, then three, then five days a week. He started getting monthly passes to return to Toronto for the weekends and married Brenda during one of them. He was paroled in just two and a half years and released to a halfway house on good behavior.
RemiTwo and a half years. Yeah, he didn't take any trips, he didn't buy any fancy cars or any fancy clothes or really do anything fun with it at all. He just kept taking it and losing it.
AshleyMaloney found a gambling support group in Toronto, joined his brother's management company, and started advising clients on how to get financial funding for their products. Within two weeks of his release, he got a letter from the CIBC asking how he planned to pay restitution. To avoid a civil suit, he agreed to pay them a portion of his monthly earnings for the rest of his life or until he reached an agreed upon undisclosed total. Whichever came first. He also needed to pay tax returns since he didn't file them from 1980 to 1982. On his back returns, he declared the money he stole as income and wrote off his gambling losses as non-taxable business losses. After he refused to testify against Mario Kalizzi in that earlier tax evasion case I mentioned, his back returns were contested. He celebrated his fifth year without gambling with friends and family on April 27, 1987. Little is known about Brian Maloney since that time. One pretty short article I found from 2017 said he lived in Pickering, Ontario with Brenda and their three children. He attended mass every week, remained active in the support community, worked as a management consultant, and spoke at seminars for people with gambling addiction. And that is the true story of Richard Quinatowski's owning Mahoney. What'd you think, Remy?
RemiOkay, so he took about 10.2 million Canadian dollars back in 1982. So adjusted for inflation, how much would that be today?
AshleyAdjusted for inflation.
RemiYou were just showing me the section of the book you used for research on this episode, where it goes over his winnings and losses every single year. And I think starting at the age of 10, he only had two years where he actually won money. Every single other year from the age of 10. There was one year where he broke even, but whatever.
AshleyWhen he was 12.
RemiBut besides that, it's just thousands of dollars of losses every single year, starting from before he was even a teenager until he was 27?
AshleyYeah, he's not a good gambler. At age 20, he won or walked away with a net profit of 3k, but every other year he's in the hole.
RemiThat was one of the ones we were going over. If you calculate all of his losses leading up to the year where he won $3,000, he had lost almost 16 grand at that point. Like, dude, this is not your forte. However, I think that the film did a pretty accurate job of capturing this man. I know there's not a lot of footage or anything like that for us to go off of here, but I feel like Philip Seymour Hoffman captured the essence of what being in this situation was like, just with his physicality and brief sentences.
AshleyI do too. From all the scenes you showed me, it clearly depicts Maloney stressed out, trying to think quickly on his feet, and just seeming kind of shifty-eyed, anxious, and sweaty.
RemiWell, before we get into too much more about the film and real life events,
Objections Verdict And Next Movie
Remilet's start things off with our objection of the week.
Objection of the WeekYour Honor, I object! And why is that, Mr. Reed? Because it's devastating to my case! Overrule. Good call!
AshleyI think you started last week, Remy, so I'll kick us off first. I had several small changes. A lot of them involved names, though, and we kind of want to stay away from names because we know why names and places and things like that are changed. Often it's for right reasons or to avoid lawsuits. So the one I picked was in the movie you had said that one of the customers, who is the Sherry Braidson customer in real life, is the person who posted his bail. In reality, it was posted with money from his friends' family and his parents' home, a lien on their home.
RemiAnd in the film, it's framed like they are posting his bail as a thank you because now they can sue the bank for millions and millions of dollars. But that was one that I had written down as well. However, my objection of the week is that in the film, when he is being trailed by the police, his car breaks down, and that is how they arrest him. While in real life, he just got pulled over and he was arrested. So I think the film added that for comedic effect, but you know, man, it's kind of like kicking somebody when they're down. It wasn't really necessary.
AshleyI like that one. That seems like a more dumb change. So you get it, Remy. Yay!
RemiWhich brings us to our jackpot portion of the podcast, our objection of the week.
Objection of the WeekAt the conclusion of each episode, our hosts will deliver a verdict based on the film's accuracy. If the film is an honest portrayal of the events, then it will earn a not guilty verdict. If the adaptation is mostly factual, but creative liberties were taken for the sake of entertainment, the film will be declared a mistrial. But if the film ultimately strays too far from the truth, then it will be condemned as guilty and sentenced to a life behind bars.
RemiI will start things off because you started the last portion off, and that's only fair. I am going to give this film a not guilty. Even though it changed a lot of names and omitted location names and stuff like that, it really did capture the entire story, and the only changes made seemed to just be for streamlining purposes because you could not put every single detail in this film. And I think that they captured a very complicated subject matter extremely well on screen. Gambling addiction is not something that you can see, and Philip Simo Hoffman really embodied the internal struggle that this man was feeling brilliantly. And I think that the story was well told and the adaptation did a good job. So I am giving this film a not guilty verdict. How about you, Ashley? What is your ruling?
AshleyI wholeheartedly agreed. Usually when I'm taking notes as you're speaking, I have a section of my notes where I'm writing down potential objections of the week, and then I have bigger changes that I want to bring up during the verdict. But for this one, every single thing I have written down could have been part of the objection of the week. Discounting the names of accounts and people that were changed, because I understand why they did that. Really, only the bigger changes I found were also relatively minor. The fact that at the beginning, when he was taking out these loans, in the movie he shifted pretty quickly to customers. In reality, he took five or six loans out from his bookie's name. Another slightly bigger change, but could still be under an objection of the week, was that the casino didn't research who he was or that he worked at a bank. Really, everything else was so consistent and like you said, streamlined just to fit it all in a movie. I'm gonna reiterate what I already said before. The screenwriter who adapted this book did a phenomenal job. Bravo, you are the one that gets this not guilty verdict.
RemiTwo not guilties for owning Mahoney. Like I said before, this film is available on YouTube if anybody is interested, and I highly recommend it. And what we are discussing two weeks from now is completely different than this, and a much more severe crime, and it involves a porn star and drug deals gone wrong and a massacre in Los Angeles. Ashley, what are we talking about two weeks from now?
AshleyYeah, we have played it pretty tame for our first two episodes, but that's not the case for our next one. We are gonna be talking about the movie Wonderland, which I have not seen, but it is about a porn star, drug addict who is involved in a brutal massacre of several people in LA. And I know the movie is starring the late great Val Kilmer.
RemiVal Kilmer is brilliant in this film, and I do like this film. I've seen it a few times. Kate Bosworth is in it, Lisa Coudreau. It is about a porn star named John Holmes who had a life that semi-inspired Boogie Nights, and it is about the Wonderland murders because the massacre occurred in the Hollywood Hills on Wonderland Avenue. And I have actually seen the house in real life where this happened when I was stuck in traffic in the Hollywood Hills way back in the day. But it is a good movie and it is a horrific true crime.
AshleyAnd as a little special treat, we are also going to be watching Boogie Nights. We're not going to be covering it because Wonderland is more closely inspired by the real life events. But we did want to watch Boogie Nights just so we could comment on it, since it's also inspired, I'll bet loosely so, by the main person. And it's directed by Paul Thomas Anderson, who we mentioned just recently won his first and second and third Oscar.
RemiSo we will be discussing that two weeks from now. And until then, everybody, court is adjourned.
Wonderland (trailer)Hi everybody, I'm John Holmes. Or who's John Holmes?
Owning Mahowny (clip)Holmes is one of the biggest stars in the X-rated film industry.
Wonderland (trailer)Come on. In the summer of 1981, Hollywood Hills was the place to be. The party couldn't get any hotter. Hell yeah. The life couldn't get any longer. The money would have gone in two days. And he couldn't get any bigger. You want to see it? Charge on.
Owning Mahowny (clip)What happened, John?
Wonderland (trailer)I had to turn ahead and to it.
