Recently in INVESTMENT FRAUD Category

June 30, 2010

Daniel Spitzer Ponzi Scheme Busted

June 30, 2010 - David Spitzer allegedly operated several business entities as a foreign currency investment fraud, which raised over $105 million from 400 investors. This week, the Securities and Exchange Commission ("SEC") filed a complaint that claims Spitzer misled investors from at least 2004 until as recently as March 2010. Spitzer, a resident of St. Thomas, recruited investors from all over the United States.

According to the complaint, Spitzer and his sales team told investors that their money would be placed in investment funds that would, in turn, primarily be invested in foreign currency. Spitzer allegedly enticed new clients by claiming he was an extremely successful fund manager and always produced exorbitant annual returns, including one year of 180%. To facilitate his purported scheme, Spitzer allegedly issued phony documents, including false K-1s, to clients.

The SEC claims that, in reality, Spitzer only invested $30 million of client funds, including $16.5 million in a foreign entity that ultimately lost money and was liquidated back to Spitzer. Spitzer also apparently invested $16 million in money market funds but only earned a few thousand dollars.

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June 17, 2010

Milowe Brost, Gary Sorenson Gold Investment Fraud Stopped by Feds


June 17, 2010 - Milowe Brost, Gary Sorenson, Larry Adair, Ward Capstick, Bradley Regier, and Martin Werner allegedly operated their entities Syndicated Gold Depository, Merendon Mining Corp. Ltd., Merendon Mining (Nevada) Inc., and the Institute for Financial Learning Group of Companies, Inc. as a massive $300 million Ponzi scheme. Last week, the Securities and Exchange Commission ("SEC") filed a complaint that alleges Brost and Sorenson were the leaders of the alleged Gold mining fraud, which convinced 3,000 investors to cough up large amounts of money. merendon_logo.jpg

The SEC claims that Brost led a sales team, called Structurists, which held investment seminars where they claimed to be independent financial professionals. At the seminars, Bost and Sorenson.jpgthe men allegedly pushed investments in gold mining businesses that could generate annual returns ranging from 18 to 36 percent.
The SEC also alleges that Brost and the Structurists promised that all investments were collateralized by gold.

The complaint claims that Brost and his sales team sold shares in various entities and then through a unique "structuring" process that ultimately led to the transfer of funds from Syndicated Gold Depository to Merendon Mining Corp. Ltd. Apparently, Sorenson claims to be an independent businessman making loans to Merendon, but in reality controlled the company.

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June 3, 2010

Luis Felipe Perez Diamond Investment Fraud Busted

June 3, 2010 - Luis Felipe Perez allegedly operated his investment business, which he claimed financed jewelry stores and pawn shops, as a massive $40 million Ponzi scheme. The Securities and Exchange Commission ("SEC") filed aDiamond Bracelet.jpg complaint, which alleges that from 2006 to June 2009 Perez operated his scam by recruiting primarily Hispanic investors from the Miami area. Allegedly, Perez told investors that their money would be used to finance his jewelry stores, Lucky Star Diamonds Inc. and Luis Felipe Jewelry Design Corp., as well as pawn shops in New York City.

According to the SEC, Perez was able to grow his scam primarily by word of mouth, especially in the Hispanic community. The complaint says that Perez enticed investors by offering "no-risk" loan agreements with annual returns ranging from 18 to 120 percent. The SEC claims that Perez falsely told investors that their loans were secured by diamonds that had specifically been set aside for them in New York City pawn shops, which he financed. Perez apparently even duped clients by providing them access to safety deposit boxes that contained, unknown by investors, fake diamonds. The SEC further claims that Perez misled investors by telling them they were added as beneficiaries to his life insurance policy, which had lapsed at the time.

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May 22, 2010

Edward Allen, David Olson, and A & O Investments Scam Halted

May 22, 2010 - Edward Allen and David Olson operated their real estate company, A & O Investments, LLC, as a Ponzi scheme according to the Securities and Exchange Commission ("SEC"). The SEC's complaint filed in an Ohio federal court claims that from September 2005 to December 2008 Allen and Olson raised about $14.8 million from at least 100 investors.

Apparently, A & O Investments enticed buyers by offering promissory notes with annual interest rates of 20%. Allegedly, Allen and Olson claimed that the money raised from the notes would be used to purchase and rehabilitate real estate, primarily in Florida. The complaint further alleges that A & O would profit from sales of the refurbished real estate and Allen and Olson represented to clients that they had been making successful transactions.

The SEC alleges that Allen and Olson recruited investors by sending mass mailings and word of mouth. Also, Allen and Olson apparently solicited customer of their former employer World Group Securities, Inc., a Georgia based securities broker-dealer.

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May 10, 2010

Millennium Bank Scam - Federal Judge Denies JPMorgan Motion to Dismiss Investor Class Action

May 10, 2010 - Victims of the Millennium Bank Ponzi scheme have survived a motion to dismiss filed by Defendant JPMorgan Chase Bank in their class action lawsuit. The complaint alleges that the bank aided and abettedThumbnail image for Thumbnail image for jpmorgan_logo.jpg the perpetrators of a $200 million Ponzi scheme which operated out of offices located in Napa, California. U.S. Magistrate Judge Edward Chen refused to dismiss four out of five of the counts, which will now proceed into a discovery phase requiring JPMorgan to produce documents and answer questions about its banking activities.

JPMorgan is the successor of failed Washington Mutual Bank ("WAMU"), which had branches in Napa, where Millennium's mastermind, William Wise and his associates, carried out their banking activities. Wise lured over 250 investors by offering certificates wamu_logo.jpgof deposit (CDs) with unrealistically high interest rates. Millennium Investors were instructed to mail checks to Napa, which were presented for deposit at the WAMU branches. Millions were commingled and then either transferred offshore or used by Wise and his cohorts for personal expenses, including payments for a private jet, an extensive wine collection, and to support Wise and his family's extravagant lifestyle.

The complaint alleges that WAMU continued to conduct business with Millennium even though it knew that investor monies were being siphoned away. Judge Chen determined that the allegations in the Complaint, if proved, would state a cause of action. Specifically, he permitted the claims of aiding and abetting fraud, aiding and abetting conversion, breach of fiduciary duty, and violation of California Business Code to proceed. However, he found no evidence to support the claim that there was a conspiracy to commit fraud.

The judge's decision appears below:

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April 22, 2010

SEC Halts Nevin Shapiro and Capitol Investments Alleged Ponzi Scheme

April 22, 2010 - Nevin Shapiro allegedly operated Capitol Investments USA, Inc. ("Capitol"), a Miami based grocery diverter, as an investment fraud. According to the complaint filed by the
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  Securities and Exchange Commission ("SEC"), Shapiro's fraud raised $900 million from at least 60 investors across the country.

According to the SEC, from February 2003 to November 2009, Shapiro sold Capitol promissory notes with interest rates ranging from 10 to 26 percent. Apparently, Capitol couldn't keep up with the payments to investors and in January 2005, Shapiro began operating Capitol as a Ponzi Scheme. The complaint claims that Shapiro used his business contacts and word of mouth to attract investors and told them that their money would be used to finance the purchasing and reselling of groceries.

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April 5, 2010

IRA Custodians Zia Trust, Sunwest Trust, & Sterling Trust Allegedly promoted Douglas Vaughan Fraudulent Investments

April 5, 2010 - IRA custodians, Zia Trust, Inc., Sunwest Trust, Inc., and Sterling Trust Company, hold funds as custodians for investors with self-directed Individual Retirement Accounts ("IRAs"). It is now being alleged that at least one of these companies actively promoted investments with Douglas Vaughan, and his fictitious entities, now accused by the Securities and Exchange Commission of being part of an $80 million Ponzi scheme. The SEC brought a civil complaint against Vaughan last week, claiming that Vaughn defrauded at least 600 investors, using his companies, The Vaughan Company, Realtor's Inc., and Vaughan Capital, LLC.
 
According to the complaint filed by the SEC, Vaughan offered promissory notes with interest rates ranging from 10 to 25 percent. Apparently, some investors structured their investments as self-directed IRA's. To comply with federal laws, the notes were required to be held by third party custodians, in this case by Zia Trust, Sunwest Trust, and Sterling Trust.
 
In his recent bankruptcy filing, Vaughan lists the following creditors and amounts owed: Zia Trust Company for $6.63 million, Sunwest Trust Company for $2.78 million, and Sterling Trust for $3.78 million. Several of those investors are now claiming that it was their IRA custodians, who initially suggested that the Vaughn notes were a good place to earn high investment returns, and a safe one.  

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March 30, 2010

Enrique Villalba and Money Market Entities Investment Scam Halted by SEC

March 30, 2010 - Enrique Villalba allegedly used his various business entities Money Market Alternative, L.P., Money Market Alternative Ltd., Money Market Plus, and Hybrid Money Market Management LLC to perpetrate a $39 million Ponzi scheme. In an Ohio federal court on Monday, the Securities and Exchange Commission ("SEC") filed a complaint against Villalba alleging that he ran an investment scam from 1996 to 2009 that defrauded at least 26 investors.

According to the complaint, Villalba, 47, from Cuyahoa Falls, Ohio and a graduate of West Point, solicited investors by offering annual returns of 8% to 12% on their money. Apparently, Villalba claimed his "Money Market Plus Method" and "momentum filter" could predict changes in the market. Villalba also allegedly claimed that client funds would be secured by stop orders that would not allow the investments to lose more than 2% of the initial amounts. The SEC claims that Villalba promised clients that their money would only be invested in securities, including S&P 500 Index contracts, treasury bills or interest earning money market accounts.

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March 24, 2010

Douglas Vaughan Real Estate Ponzi Scheme Busted by SEC

March 24, 2010 - Douglas Vaughan allegedly ran his entities The Vaughan Company, Realtor's Inc., and Vaughan Capital, LLC as an investment scam that robbed approximately 600 investors of $80 million. On Tuesday, the Securities and Exchange Commission ("SEC") filed a complaint in a New Mexico federal court against Vaughan and his entities alleging fraud.

Apparently, Vaughan lured investors by offering promissory notes with interest rates between 10 and 25 percent over one to three years. Vaughan allegedly claimed that the notes were secured by various real estate properties and his personal assets. The SEC claims that in reality, Vaughan used client funds to make Ponzi payments to other investors and pilfered funds for personal use. The complaint further alleges that Vaughan transferred almost all of the money raised through Vaughan Capital, LLC to The Vaughan Company.

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March 4, 2010

Royal West Properties Investment Scam Busted by SEC

March 4, 2010 - The Securities and Exchange Commission ("SEC") filed a complaint against Gaston Cantens and Teresita Cantens for allegedly running their real estate firm, Royal West Properties, Inc., as a Ponzi scheme. According to the complaint, the Cantens' raised over $135 million from over 400 investors, who were primarily Cuban-Americans from the South Florida area. Royal West Properties Logo.gif

The SEC claims that the Cantens' lured investors by offering promissory with annual returns ranging from 9 to 16 percent. Their promises were backed by the purported success of Royal West's real estate business and claims that the Cantens' were personally worth $65 million, even signing personal guarantees to some investors. The Cantens have operated Royal West Properties since 1993 and the SEC claims that they started using it as an investment scam in 2002.

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February 23, 2010

Lawrence "Lee" Loomis Ponzi Scheme Halted by SEC

February 23, 2010 - Lawrence "Lee" Loomis and his father-in-law John Hagener were allegedly running an investment scam through their entities Loomis Wealth Solutions, LLC and Lismar Financial Services, LLC. According to a complaint filed by the Securities and Exchange Commission ("SEC") today in a California federal court, the two men raised approximately $10 million from over 100 investors since 2007.

Lee Loomis Pic.jpgLoomis and Hagener attracted investors by promising 12 percent annual returns on alleged real estate investments. Apparently, Loomis told prospective clients that their money would be invested in two funds called the "Naras Secured Funds," which would loan money to homebuyers and the loans would be secured by real estate deeds of trust. In reality, the SEC claims that no such trusts existed the victims' money was used to pay other investors, to pay the operating expenses of other Loomis entities, and for Loomis' and Hagener's personal use.

The complaint further states that Loomis held investment seminars in Sacramento, California in 2007 and 2008, where he encouraged people to invest in Loomis Wealth Solutions. Loomis apparently attracted investors to these seminars with newspaper ads and direct mailings.

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January 13, 2010

Valhalla Investment Partners and Viking Fund Were Ponzi Schemes Says SEC

January 13, 2010 - Neil Moody and his son, Christopher Moody, have been linked by the SEC to a hedge fund scam run by Arthur Nadel. The Moodys used Nadel as the sole investment adviser for their Sarasota, Florida based hedge funds: Valhalla Investment Partners, L.P., Viking IRA Fund, LLC, and Viking Fund, LLC. On Monday, the SEC filed a complaint in federal court in Moody, Chris and Neil.jpgthe middle district of Florida, alleging that the Moodys provided false information to investors about their funds.

According to the SEC, from 2003 to December 2008 the Moodys disclosed information to their clients and future investors, which grossly overstated the historical returns and current value of their funds by as much as $160 million. The complaint claims that statements made by the Moodys were based on Nadel's unverified figures. The SEC claims that there were several indications to the Moodys that should have caused them to question Nadel's numbers.

The SEC also claims that the Moodys told investors that they made all of their own investment and trading decisions, when in fact it was Nadel that maintained virtually total control over these decisions. According to the complaint, the Moodys did not exercise any legitimate supervisory role over Nadel, and failed to independently verify any of his numbers.

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January 8, 2010

Richard Elkinson Ran Ponzi Scheme Says SEC in Civil Complaint

January 8, 2010 - The SEC alleges Richard Elkinson operated an investment scam that bilked 130 investors out of at least $28 million dollars, based on a civil complaint filed yesterday. According to the complaint, which was filed in a federal court in Massachusetts, Elkinson ran the scam out of his Framingham, Massachusetts home. Elkinson was arrested earlier this week in Mississippi and a criminal complaint was filed by the U.S. Attorney's Office for the District of Massachusetts.

Elkinson told investors that his business, Northeast Sales, facilitated deals between the Japanese uniform manufacturer and large purchasers including state and local governments and even the U.S. Olympic Committee. Elkinson sought investors to help finance the 50% down payments required for these supposed contracts. To raise these funds, Northeast Sales issued promissory notes with annual interest rates ranging from 9-13%. The SEC alleges that in reality Northeast Sales did not have a relationship with a Japanese uniform manufacturer and no supply contracts actually existed.

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January 7, 2010

Framingham, MA Man Ran Illegal Ponzi Scheme

January 7, 2010 - Richard Elkinson, 76 of Framingham, Massachusetts, was allegedly operating an investment scam out of his home through his company Northeast Sales. The criminal complaint filed by U.S. Attorney, Carmen M. Ortiz' office claims that Elkinson raised $29 million from 130 investors over the last 20 years. On Tuesday, Elkinson was arrested in Mississippi and will be arraigned in Massachusetts in the near future.

Northeast Sales claimed investor capital was used to broker contracts with a uniform manufacturer in Japan. Many of the victims of the alleged scheme were friends and long time colleagues of Elkinson.

According to the Federal Bureau of Investigation ("FBI"), in 2003 or 2004, Elkinson recruited Jay Fialko and Jeff Ross to work as "finders" to induce more investors. Fialko and Ross were both investors in Northeast Sales since 1997 and the two men operate Ross Fialko Capital Partners in Newton, MA. According to the FBI, the two men raised about $10 million for Northeast Sales and received about $200,000 for their referrals. Ross and Fialko cooperated with the FBI and are not expected to be charged criminally.

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December 21, 2009

Eagle Development Enterprises Investment Scam Halted by SEC

December 21, 2009 - Michael Bowen, 57 from Rancho Cucamonga, California, operated a Ponzi scheme by selling unregistered securities, purportedly investments in helicopter and storage facilities. These included Eagle Development Enterprises, Inc., Eagle Storage & Development, LLC, and Eagle Aviation Sales & Leasing, LLC. The SEC's complaint, filed in a federal court in central California, alleges that from 2003 to 2009 Bowen raised over $28 million from at least 500 investors nationwide.

According to the SEC, Bowen lured investors by selling securities and membership interests in his Eagle Logo.jpgcompanies. The SEC claims that these offerings were backed by misrepresentations about an upcoming public offering in the United Kingdom, inflated financial disclosures, and falsities about how investor funds would be used. The SEC complaint also claims that Bowen used a sales team who made cold calls to solicit investors.

According to the SEC, from 2003 to 2008, Bowen and his staff sold membership interests in Eagle Storage telling investors that they would receive 8% annual returns and that their money would be used to construct storage facilities. None of these investors were ever paid back and the SEC claims that Bowen did use a portion of investor funds, along with a $6.6 million loan, to purchase a storage facility. However, Eagle Storage subsequently defaulted on the mortgage. The SEC alleges that Bowen did not disclose to investors that Eagle Storage had been issued a cease and desist order in Alabama.

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