Boston Accident Injury Lawyer Blog

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.

Loomis 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.

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.

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.

December 9, 2009 - Rockford Funding Group LLC, a New York financial firm controlled by Genadi Yagodayev, was an investment scam, according to the Securities Exchange Commission. Rockford lured customers who believed that they were investing in "Fixed Dividend Contracts," which purportedly generated 15 percent per year or more from structured settlements of private lawsuits, according the Complaint filed by the SEC this week. From March to November 2009, Rockford raised at least $11 million from over 200 investors.

Yagodayev, and twelve other foreign companies who allegedly received payments from Rockford, were named as relief defendants, including the following: Bookmann Agency, LLP, Houseberg Impex, Inc., Infinita Plus Trading Ltd., Intercity Transit Ltd., Madisa Ltd., Milton Benefits LLP, Pacific Gain Technologies Ltd., Partner Asia Distribution Ltd., Rockford Industry Ltd., Star Trading Inc., Sunrise Import & Export Inc., and Traseks Ltd.

According to the SEC, Rockford marketed itself through its web site and by making cold calls to potential customers, promising an annual return of 15%, and claiming that client funds would be invested in structured settlements from private lawsuits. The SEC maintains that in reality Rockford did not hold interests in any structured settlements, but rather used investor funds to make payments to older investors using new victims' money.

The SEC Complaint alleges that during the nine months it operated, Rockford sent over $10.4 million to bank accounts outside the U.S. in the name of entities controlled by Yagodayev. Most were located in Latvia and Honk Kong. The transfers were ostensibly made to cover construction costs and other expenses unrelated to the Rockford investments.

December 7, 2009 - Striker Petroleum, LLC, a Dallas based oil and gas company controlled by Mark S. Roberts, 58, and Christopher E. Pippin, 35, was a massive Ponzi scheme, according to the complaint filed by the SEC last week. According to the SEC complaint, Striker raised approximately $57 million from about 540 investors throughout the U.S. by offering debentures backed by false disclosures about Striker's financial health. Striker further maintained that collateral backing the debentures was held by an independent third party trustee, which was also false.

Between September 2006 and September 2009, Striker offered debentures to investors in an effort to raise additional capital. Debentures function as an unsecured bond backed by the reliability of the borrower. Each series of debentures issued by Striker was accompanied by a Private Placement Memorandum ("PPM"), which contained vital financial statistics about Striker and further claimed that the money would be used to acquire, develop and maintain existing oil and gas properties, to purchase additional collateral, and for general working capital.

According to the SEC, Striker did not use the funds as advertised, but for other puposes, including paying out fixed returns to prior investors who had acquired working interests, known as "Legacy Offerings". Striker also sent funds to a related operating company, Reichman Petroleum, which shortly after filed for bankruptcy.

November 26, 2009 - Trevor G. Cook and Patrick J. Kiley, both Minnesota residents, allegedly operated a foreign currency investment scam through their four main entities: UBS Diversified Growth LLC, Universal Brokerage FX Management LLC, Oxford Global Advisors LLC, and Oxford Global Partners LLC. According to the complaint filed by the SEC this week, Cook and Kiley ran a Ponzi scheme, which took in over $190 million and had at least 1,000 investors.

The SEC alleges that from July 2006 through July 2009, Cook and Kiley enticed over 1,000 investors by promising annual returns of 10-12%. Cook and Kiley promised their clients that their money would be kept in separate accounts for each individual and invested in foreign currency trading. In reality, the SEC claims investor money was pooled together and deposited into the accounts of various entities controlled by Cook and Kiley.

According to the complaint, Cook and Kiley moved $108 million through their various entities and did use a portion of that money for foreign currency trading, but this resulted in losses of $48 million. The SEC claims that Cook and Kiley pocketed $42.8 million for personal use, including $18 million used to purchase ownership interests in two trading companies, $12.8 million, which was moved to Panama, ostensibly for the construction of a casino, $2.8 million to purchase the Van Dusen Mansion, and $4.8 million, which Cook lost gambling. Also, it is alleged that nearly $51 million was used to make payments to prior investors in a Ponzi-like fashion.

November 24, 2009 - The SEC alleges that Derek A. Nelson ran a Ponzi Scheme using fictitious companies: Capital Mountain Holding Corporation ("CMHC"), Systems XXI, Act I, LLC, and Systems XXI, Act II, LLC. In a Complaint filed last week in federal court for the Northern District of Texas, the SEC brought civil claims against Nelson, CMHC, Act I, and Act II. The SEC also named two other Nelson entities, Plouteo, Inc. and Homaide Real Estate Services, Inc., as relief defendants. According to the complaint, Nelson's scam enticed hundreds of investors and raised over $25 million from June 2008 through September 2009.

In June 2008, CMHC, based in Dallas, Texas, began offering promissory notes purportedly to raise capital for investment in distressed homes. Nelson, 42 from Fairview, Texas, told investors that he would use the money to purchase these properties at a discount and then renovate or rent them and eventually sell them at a profit. Nelson gathered investors through vigorous internet marketing and a Canadian-based marketing firm. The CMHC notes promised returns of 10% per month for three months. CMHC allegedly raised $15 million from these sales.

In October 2008, Nelson began offering similar notes from Act I and Act II. The Act I notes offered 18% yearly returns for two year investments and the Act II notes 21% yearly returns for five years. These notes also declared that 90% of investor funds would be used to purchase and rehab properties. According to the SEC, Nelson raised at least $10 million from sales of Act I and Act II notes.

Speed of Wealth, LLC, headquartered in Centennial, Colorado is operated by Wayne and Donna McKelvy and apparently worked in conjunction with Wragg, and Knorr to market and promote investments in Mantria. Speed of Wealth was a "wealth education" program founded by the McKelvys that offered investment seminars, online webinars, telephone conference calls, and hosted online radio programs.

October 15, 2009 - The SEC has filed an emergency civil action against David F. Merrick, Traders International Return Network (TIRN), MS Inc., GTT Services, Inc., MDD Consulting, Inc., and Go ! Tourism, Inc alleging financial fraud. According to the complaint, Merrick and his business entities operated a $22 million Ponzi scheme since at least July 2008.

Using a website, www.mytirn.com, Merrick allegedly raised funds from at least 2500 investors by promising monthly dividends of up to 22% stating that investor money would be used to buy foreign currency trading, international bonds, international stocks and other investments. Merrick and TIRN instructed customers to deposit funds into accounts in the name of MS and GTT, entities controlled by Merrick. Merrick then allegedly transferred money from those accounts into other accounts in the names of MS, GTT Services, MDD Consulting, and Go ! Tourism.

According to the SEC, Merrick and TIRN did not invest in any type of securities but instead used the money for Merrick's personal use and to repay earlier investors. The SEC also claims that Merrick used at least $3.7 million to finance his lifestyle and to pay credit card bills from MS and GTT Services.