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Tag: IRS Criminal Investigations Unit

  • Two Former Federal Agents Involved In Silk Road Probe Were Bitcoin Thieves And One Was An Extortionist, Justice Department Says

    recommendedreading1UPDATED 8:33 P.M. EDT U.S.A. There must be some long faces at the U.S. Drug Enforcement Administration and the U.S. Secret Service today. That’s because two federal agents once assigned to a Task Force investigating the illicit Silk Road marketplace have been charged with federal crimes.

    Carl M. Force, 46, of Baltimore, was a DEA special agent who earned a salary of about $150,000 a year, according to a criminal complaint. He was charged with wire fraud, theft of government property, money laundering and conflict of interest.

    Shaun W. Bridges, 32, of Laurel, Md., was a special agent for the Secret Service. He was charged with wire fraud and money laundering. His salary was not revealed. He was a member of the Secret Service’s Electronic Crimes Task Force.

    The law-enforcement community recoils at this type of thing, because it engenders mistrust and erodes public confidence in the police. Agents who read the narrative in the criminal complaint filed by a special agent for the IRS Criminal Investigations unit are simply going to wince.

    One specific allegation against Force is that he sought to extort $250,000 from a subject under investigation by posing as a different person known as “Death From Above.”

    Silk Road was the criminal marketplace allegedly operated by Ross Ulbricht, also known as “Dread Pirate Roberts.” Ulbricht was the target of Force’s extortion plot, according to the complaint.

    The alleged extortionate scam?  Posing as a killer and telling Ulbricht — already under investigation by Force in his official capacity — that he’d be permitted to live and would not be ratted out if he agreed to turn over a quarter of a million dollars.

    Force also posed as “French Maid,” allegedly mining cash from Ulbricht by telling him he could keep him informed about the government’s Silk Road probe.

    While these things were going on, Force allegedly was communicating with Ulbricht as “bop,” his official undercover name.

    Force, a 15-year DEA veteran, allegedly infiltrated Silk Road in his official capacity as an undercover agent. Here is part of what the Justice Department said today (italics/carriage returns added):

    According to the complaint, Force was a DEA agent assigned to investigate the Silk Road marketplace.  During the investigation, Force engaged in certain authorized undercover  operations by, among other things, communicating online with “Dread Pirate Roberts” (Ulbricht), the target of his investigation.

    The complaint alleges, however, that Force then, without authority, developed additional online personas and engaged in a broad range of illegal activities calculated to bring him personal financial gain.  In doing so, the complaint alleges, Force used fake online personas, and engaged in complex Bitcoin transactions to steal from the government and the targets of the investigation.  Specifically, Force allegedly solicited and received digital currency as part of the investigation, but failed to report his receipt of the funds, and instead transferred the currency to his personal account. 

    In one such transaction, Force allegedly sold information about the government’s investigation to the target of the investigation.  The complaint also alleges that Force invested in and worked for a digital currency exchange company while still working for the DEA, and that he directed the company to freeze a customer’s account with no legal basis to do so, then transferred the customer’s funds to his personal account.  Further, Force allegedly sent an unauthorized Justice Department subpoena to an online payment service directing that it unfreeze his personal account. 

    The “digital currency exchange company” at which Force was moonlighting as a “de facto compliance officer” while on the DEA payroll was CoinMKT. He also was a CoinMKT investor — apparently with funds he’d stolen — and even permitted his name and likeness to be used in CoinMKT materials.

    Rancid criminality also was alleged against Bridges, a six-year Secret Service veteran. From the Justice Department (italics added):

    Bridges allegedly diverted to his personal account over $800,000 in digital currency that he gained control of during the Silk Road investigation.  The complaint alleges that Bridges placed the assets into an account at Mt. Gox, the now-defunct digital currency exchange in Japan.  He then allegedly wired funds into one of his personal investment accounts in the United States mere days before he sought a $2.1 million seizure warrant for Mt. Gox’s accounts. 

     

     

  • MOST UN-‘WISE’: 2 Ponzi Schemers Ride Their Wordplay To Prison Sentences Totaling More Than 33 Years; Judge Declares Crime ‘Evil’

    “Defendant Trebor Company (Robert spelled backward) is a sole proprietorship owned by [Robert C. Brown Jr.] and is the name he has used for his ‘investment group.’” — U.S. Securities and Exchange Commission, in civil complaint against Trebor and Brown, July 23, 2008

    “Evidence at trial established that much of the investor money was funneled through the ‘WISE’ account (wise investors simply excel) opened by Duane Allen Eddings.” — Office of U.S. Attorney Benjamin B. Wagner of the Eastern District of California, April 24, 2012

    It was a Ponzi scheme involving a purported expert, a shill and at least $17 million — and it featured wordplay: A business entity known as TREBOR got its name from spelling “Robert” backward, and WISE was a limited-liability company that stood for Wise Investors Simply Excel. Now, TREBORS’s namesake Robert C. Brown Jr., 59, of Vallejo, Calif., has been sentenced to 15 years and eight months in federal prison.

    Meanwhile, Duane Allen Eddings, 52, of San Francisco, has been sentenced to 17 years and six months. Federal prosecutors said Ponzi cash was funneled through a WISE account he opened, setting the stage for money-laundering to occur through an account Eddings controlled in the  name of CDC Global Inc. He is listed in records as the managing member of WISE, and prosecutors said he effectively was shilling for Brown by painting him as a stock-market “expert.”

    Eddings was found guilty by a jury last year on Ponzi-related charges of money-laundering, wire fraud, bankruptcy fraud and tax evasion. Ponzi colleague Brown pleaded guilty to wire fraud.

    In bringing a civil action in 2008, the SEC said investors believed Brown would invest their money in the stock market. But most of the funds never were invested.

    Instead, “Brown deposited investors’ money into accounts that he treated like personal piggy banks, using the money to pay for luxurious personal expenses such as upkeep on his Ferrari, limousine services, and expensive shopping trips with his girlfriend,” the SEC alleged in 2008.

    After the SEC brought its 2008 civil case, Brown and Eddings were charged criminally in 2009. The investigation that led to the charges was conducted by the U.S. Postal Inspection Service and IRS-Criminal Investigation.

    False statements and omitted details critical to prudent investment decisions were part of the Brown/Eddings scam, prosecutors charged.

    Eddings showcased his wealth to investors, claiming Brown was the “expert” who made it possible, prosecutors said.

    As the probe moved forward, however, investigators discovered that Eddings had invested only $1,000 with Brown and had been using investor cash to live the high life by funneling client money that did not belong to him through WISE — and then transferring it to the CDC Global account to make personal purchases.

    “In sentencing Brown, [U.S. District Judge John A. Mendez] expressed sympathy to the victims stating, ‘This is a crime among the worst that I see,’” prosecutors said.  “And he said that what Brown had done to his victims was ‘evil.’ Judge Mendez later said that this comment applied equally to Eddings. He further said that he was not convinced that the defendants were ‘no longer a danger to the public.’”

    About 400 victims were defrauded by the Brown/Eddings Ponzi, which operated between September 2005 and May 2007, prosecutors said.

    Making matters worse was that Brown and Eddings “encouraged investors to raise additional funds by taking out mortgages and home equity lines of credit on their homes,” prosecutors said.

    “Many” investors lost their homes, prosecutors said.

    In reverse-engineering the complex caper involving Brown and Eddings, investigators discovered that “Edding’s personal spending habits led to the collapse of the Ponzi scheme” and that Eddings had grossly understated his taxable income during one of Ponzi years and claimed to have a taxable income of zero during two of the years.

    Some of the Ponzi money went to “lulling payments to earlier investors” in a failed bid to keep the scheme afloat and prevent its detection, prosecutors said.

    “It can be devastating when the financial well-being of an individual falls into the wrong hands through trickery and deceit,” said Marcus Williams, special agent in charge of the IRS Criminal Investigation Unit.

    Postal Inspector Oscar Villanueva described the Brown/Eddings scheme as “complex.”

    “Fraud schemes like the one perpetrated in this case are devastating to victims,” said U.S. Attorney Benjamin B. Wagner.

  • Securities Swindler/Attorney Gregory Bartko Sentenced To 23 Years In Federal Prison

    Gregory Bartko, the Atlanta attorney and securities swindler, has been sentenced to 23 years in federal prison after being convicted of fraud in North Carolina.

    “Gregory Bartko targeted church members and made empty promises for big investment returns,” said Chris Briese, special agent in charge of the Charlotte Division of the FBI. “The FBI and our federal partners dismantled his fraud ring and we will keep pursuing con men who put their own greed above the law.”

    Added Keith Fixel, U.S. postal inspector in charge of the Charlotte Division, “Cases like this are particularly devastating because people, like Gregory Bartko, try to hide behind their professional credentials while using them to gain the trust of their victims.  Investors should remain vigilant and verify all information for a potential investment, especially if there are claims of outperforming the market.”

    Bartko’s victims were “everyday hardworking people,” said  Jeannine A. Hammett, special agent in charge of the IRS Criminal Investigations Unit. “That makes his crimes even more horrible. It is despicable that Mr. Bartko violated his position of trust for his own personal gain.”

    Bartko was charged with his own securities swindle in 2009, while he was representing defendants in the “Billionaire Boys Club” Ponzi case brought in Michigan by the SEC.

    A California Ponzi scheme in the 1980s also was known as “The Billionaire Boys Club.”

  • DIALING UP THE BIZARRE: Prisoner Who Reportedly Once Stole Tractor-Trailer Full Of ‘Canned Beans’ And Later Followed ‘Sovereign Citizen’ Bleatings Convicted Of Running Tax Scam From Jail

    This one is almost indescribably bizarre . . .

    Ronald Williams, 48, was an inmate in various prisons in New York state between 2006 and 2010, federal prosecutors said.

    His mother told the Syracuse Post-Standard that her son was jailed in 2006 on charges of stealing a tractor-trailer full of “canned beans” off a street in Buffalo.

    While incarcerated, Williams got the not-so-bright idea of filing false tax returns from prison, apparently after being influenced by a purported “sovereign citizen” website article attributed in part to “Obi-Wan Kenobi,” the newspaper reported.

    Obi-Wan Kenobi, of course, is a fictional character from the Star Wars franchise.

    Federal prosecutors now say Williams filed 11 false returns from prison, and assisted another prisoner in filing a bogus return.

    In one instance, prosecutors said, Williams managed to dupe the IRS into sending him a refund of $327,456.04 to his prison address. The check was intercepted by the prison and returned to the IRS.

    Williams, who “never actually received any monies,” also engaged in redemption scams in which he fabricated “withholdings on numerous Forms 1099-OID by claiming false withholding credits,” prosecutors said. “The eleven returns were for payment of refunds of taxes totaling $890,000,000.”

    (See a PP Blog story about a different redemption scam, this one operating from Washington state and allegedly involving purported “sovereign citizen” John Lloyd Kirk, who once was imprisoned for possessing a pipe bomb.)

    A jury convicted Williams last week on all 12 counts filed against him, the office of U.S. Attorney Richard S. Hartunian of the Northern District of New York said.

    “The object of these schemes is to defraud the government and the taxpaying public,” said Victor W. Lessoff, acting special agent in charge of the IRS Criminal Investigations Unit.  “Although a check was computer generated in this case, immediate action was taken as soon as it was identified by IRS Criminal Investigation and those involved in this scheme were vigorously prosecuted.”

  • SENIOR FRAUD CAVALCADE CONTINUES: Maryland Man, 67, Pleads Guilty To Wire Fraud In Alleged $6.2 Million ‘Advertising’ Scheme Purportedly Involving ‘Narrow Cast’ TV Monitors; Scheme Payout Promises Were ‘Entirely Fraudulent,’ U.S. Attorney Says

    EDITOR’S NOTE: Any number of ventures have tied themselves to claims of remarkable returns made possible by purchasing “advertising” products and services or agreeing to watch or receive “advertisements” in a closed environment. Longtime readers will recall that AdViewGlobal (AVG) came out of the gate in late 2008 and early 2009 by claiming what it did was the equivalent of what the NBC television network does. The claim was pure hogwash.

    Here is a story about more pure hogwash involving a purported “advertising” opportunity . . .

    An investment scheme involving claims about outsized returns from a purported “advertising” business gathered $6.2 million and has resulted in the guilty plea of its operator, federal prosecutors in Maryland said.

    Edward J. Lawson, 67, of Silver Spring, Md., pleaded guilty last week to wire fraud after an investigation by the FBI and IRS uncovered evidence that Lawson was running a scam through companies known as Automated Revenue Creation LLC and Guaranteed Results Advertising LLC (GRA), prosecutors said.

    Lawson and the firms purported to be in the business of beaming “Narrow Cast television commercials” to LCD television monitors at gas stations and convenience stores. The scheme operated at least between May 2006 and September 2008, prosecutors said.

    “Edward J. Lawson’s promises of ‘automatic revenue’ and ‘guaranteed results’ were entirely fraudulent,” said U.S. Attorney Rod J. Rosenstein of the District of Maryland.

    “In financial fraud schemes the promoter eventually runs out of other people’s money and the scheme collapses like a house of cards,” added Jeannine Hammett, acting special agent in charge of the IRS Criminal Investigations Unit in Washington, D.C.

    Lawson positioned himself as an entrepreneur with 30 years’ experience, encouraged GRA investors to roll over their purported earnings amid assertions the screens were generating “so much revenue” and explained checks had bounced “due to conditions beyond [his] control,” prosecutors said.

    At least 60 investors plowed money into the scheme, initially lured by claims that a screen purchased for $15,800 would lead to “a monthly return over a 10 year period that began at $3,000 and escalated to approximately $30,000 after 15 months,” prosecutors said.

    As the scheme advanced, the price of the screens kept going up and the purported returns they’d fetch kept changing, prosecutors said.

    “Later in the scheme,” prosecutors said, “an investor who purchased a screen for $23,800 was guaranteed a monthly return of $3,000 and escalated to approximately $15,000 after 12 months. In GRA’s final phase, an investor who purchased a screen for $89,800 was guaranteed a monthly return of $13,950 over a five or 10 year period.”

    Lawson pitched the scheme from metro Washington hotels and at GRA’s office in Rockville, Md., prosecutors said.

    U.S. District Judge Roger W. Titus scheduled sentencing for April 6 , 2012.

    Various investment schemes involving “advertising” have been on the radar screens of federal investigators.

    Andy Bowdoin, 77, the president of Florida-based AdSurfDaily, was arrested by the U.S. Secret Service a year ago this month and is awaiting trial. Prosecutors said Bowdoin positioned himself as a successful entrepreneur and was at the helm of an “autosurf” advertising fraud that had gathered at least $110 million by operating as a Ponzi scheme and dangling suggestions of huge returns.

    ASD and AVG had promoters and members in common, according to online promos. Among the bizarre claims associated with AVG was that members who advertised in AVG’s closed system with about 20,000 members would achieve a conversion rate of 37 percent of their sales copy didn’t “totally suck.”

    Based on the claim, a member who advertised a doughnut for free and a doughnut priced at $10,000 each would achieve the same conversion rate of 37 percent, an utterly preposterous assertion.

    The rate would be achieved within the same closed universe of prospects, according to the claim.

    AVG collapsed in June 2009.

     

  • FLORIDA — AGAIN (BOCA RATON VIA NEW YORK): John A. Mattera, Purported Philanthropist, Arrested By Feds And Sued By SEC Amid Allegations He Set Up Scam Using Names Of Groupon And Facebook; Suspect Also Traded On Name Of Red Cross; Investigators Call Him A Recidivist Felon

    John Mattera: Source: Mattera Foundation Nov. 2. 2011, news release

    EDITOR’S NOTE: So, you recognize the power of the names of  Groupon and Facebook and want to trade on their magnetism to drive traffic to your purported “opportunity” — and you want to further sanitize your scheme by describing yourself as a philanthropist and trading on the name of a charity such as the American Red Cross?

    And you perhaps want to give money from your scheme to your wife and your mother, a senior citizen?

    What follows is a story about the allegations against John Mattera and some of his activities in Florida . . .

    John A. Mattera of Boca Raton, Fla., pleaded guilty in 2003 to seven counts of grand theft in three separate Florida criminal cases, according to court records. Among other things, “Mattera stole $34,000 from two Florida investors by promising to provide them with shares of stock that Mattera falsely represented he owned,” the SEC said of the 2003 cases.

    In 2009, the SEC charged Mattera “with fraudulently attempting to avoid registration requirements by backdating promissory notes to obtain improperly unrestricted shares of a company,” according to the agency.

    And now Mattera, 50, has been sued civilly by the SEC and charged criminally by federal prosecutors in New York in yet another alleged scheme — this one involving claims that Mattera traded on the names of Groupon, Facebook and others in a scam that netted between $11 million and $12.6 million.

    The SEC said it is seeking an emergency court order to freeze the assets of Mattera; John R. Arnold, 61, of Florida; Joseph Almazon, 22, of Hicksville, N.Y.; David E. Howard II, 32, of New York City;  Bradford Van Siclen, 43, of Montclair, N.J., and eight different business entities. (Ages in this paragraph approximate.)

    Authorities said Mattera and “cohorts” duped investors into believing that they could convert shares in Mattera’s purported hedge fund — a company that happened to be pushed by “a web of registered and unregistered broker-dealers” — into shares of companies such as Groupon and Facebook in advance of the famous firms’ IPOs.

    Both the SEC and federal prosecutors used descriptive verbs when describing what is alleged to be Mattera’s latest scam — a scam that allegedly involved a network of associates and a company with the high-sounding name of “The Praetorian Global Fund.”

    (Emphasis added to SEC’s choice of verbs.)

    “By conjuring up a seemingly prestigious hedge fund and touting the safety of an escrow agent, these men exploited investors’ desire to get an inside track on a wave of hyped future IPOs,” said George S. Canellos, director of the SEC’s New York Regional Office. “Even as investors believed their funds were sitting safely in escrow accounts, Mattera plundered those accounts to bankroll a lifestyle of private jets, luxury cars, and fine art.”

    (Emphasis added to U.S. Attorney’s choice of verbs and other descriptors.)

    “As alleged, John Mattera duped investors into believing they had bought rights to shares of coveted stock in Facebook and other highly visible and attractive companies which had not yet gone public,” said U.S. Attorney Preet Bharara of the the Southern District of New York. “As the complaint describes, Mattera told elaborate lies about stock he did not own and about how he would keep investors’ money safe in escrow accounts. Instead, Mattera took the investors’ money to fund his own extravagant lifestyle. With today’s charges, his charade is exposed and he will be held to account for his alleged crimes.”

    Named relief defendants in the SEC case are Ann Mattera, Mattera’s 71-year-old mother, and Lan T. Phan, Mattera’s wife. Phan, 43, is a physician and yoga practitioner. Authorities say the women, who are not charged with an offense, were beneficiaries of the scheme. (Ages in this paragraph approximate.)

    The publicity surrounding John Mattera’s alleged business misdeeds has caused embarrassment for a local chapter of the American Red Cross in South Florida. John Mattera, who is linked on the web to numerous companies or philanthropic organizations even in the wake of previous lawsuits and criminal charges against him, was on the Red Cross board in Broward County until last month, according to the Sun-Sentinel.

    On Nov. 2, just days before the SEC and the Feds came knocking, John Mattera was quoted in this news release about an entity known as the Mattera Foundation, which purported to look “to support those in need” by making it easier for them to find grant funding.

    “John Mattera hopes that organizations across South Florida will use the new grant application tool to contact The Mattera Foundation and secure funding for their causes,” the news release read in part.

    On March 24, 2011, meanwhile, John Mattera was quoted in this news release about a Red Cross golf tournament sponsored by the Mattera Foundation.

    From March 2011 news release by the Mattera Foundation.

    “Investor and American Red Cross board member John Mattera announced today that his eponymous The Mattera Foundation will sponsor the upcoming American Red Cross Golf Tournament,” the release read in part. “The tournament will be held at the Inverrary Country Club on April 1, and all proceeds will benefit the American Red Cross, South Florida Region.”

    It was not immediately clear if Mattera plowed investors’ money into charities. What is clear, according to federal prosecutors, is that he had high appetites and caused investors to believe their money was going into escrow accounts.

    “Based on the misrepresentations of Mattera and others, investors sent more than $11 million into escrow accounts maintained at a Florida bank,” prosecutors charged. “Mattera reassured investors that their money would be held in the escrow accounts until either the offering was completed or another triggering event took place, at which time the investors would receive their ownership interest in the particular special purpose entity. However, instead of maintaining the investor money in the escrow accounts as he promised, Mattera caused the vast majority of it to be transferred to other entities with which he was associated. Ultimately, Mattera misappropriated more than $11 million of investor money and spent nearly $4 million on personal items for his family and himself, such as expensive jewelry, interior decorating and luxury cars.”

    A veteran IRS agent also used strong language when describing Mattera’s latest alleged fraud scheme. (Emphasis added.)

    “The allegations against Mr. Mattera show that the appearance of success can be a tangled web of financial lies,” said Victor W. Lessoff, special agent-in-charge of the Newark (N.J.) Field Office of the IRS Criminal Investigation Unit (IRS-CI).

    Such descriptions also surfaced in the epic Scott Rothstein Ponzi caper, which also operated in South Florida.

    Read SEC news release on John Mattera’s latest alleged scam.

    Read the SEC complaint.

    Read Feds’ news release on John Mattera’s latest alleged scam.

  • UPDATE ON DECEMBER 2009 SPECIAL REPORT: 3 Figures In Philip R. Lochmiller Sr. Ponzi Case Will Go To Federal Prison; ‘Elderly Victims Were Financially Devastated,’ FBI Agent Says; Case Involving Recidivist Fraudster Drew Comparison To AdSurfDaily

    In a case that drew comparisons to AdSurfDaily because of recidivism, undisclosed bankruptcies and ties to Utah, the three principal figures of the Philip R. Lochmiller Sr. real-estate Ponzi scheme in Colorado will be going to federal prison.

    Lochmiller Sr., 63, was found guilty in July after a 10-day trial in which the jurors returned the verdicts in three hours. He will be sentenced after a final computation of losses is completed. The case involved a company known as Valley Mortgage Inc. The case involved about $30 million.

    Lochmiller Sr. was found guilty of conspiracy, money laundering conspiracy, money laundering and mail fraud.

    His stepson, Philip R. Lochmiller Jr., 38 when charged, has been sentenced to eight years in federal prison for conspiracy to commit securities and mail fraud and money laundering. Business associate Shawnee N. Carver, 33 when charged, has been sentenced to two years for conspiracy to commit securities and mail fraud.

    Prosecutors announced the sentences imposed on Lochmiller Jr. and Carver yesterday.

    “Philip Lochmiller Jr. helped orchestrate an investment scheme which defrauded over 400 victims out of more than $30 million,” said James Yacone, special agent in charge of the Denver FBI office. “Several elderly victims were financially devastated.  [The] sentencing sent a strong message that white collar criminals will not be tolerated.  The FBI will continue to aggressively investigate and seek prosecution against the groups and individuals who defraud unwitting victims out of their earnings.”

    Lochmiller Sr. was sentenced to three years in a California state prison in the 1980s after he was charged with 60 counts of securities fraud and pleaded guilty to about half of them. Investors in his new scheme at Valley Mortgage were not told of his history as a securities swindler, federal prosecutors in Colorado said.

    Federal prosecutors in the District of Columbia said the same thing about ASD President Andy Bowdoin, who was charged with felonies in Alabama in a securities scheme in the 1990s.

    Meanwhile, Lochmiller Sr.’s investors also were not told that both Lochmiller Sr. and Jr. had bankruptcies on their records. Federal prosecutors in the District of Columbia alleged in August 2008 that ASD members and members of a companion autosurf known as Golden Panda Ad Builder were not told about the bankruptcy of Golden Panda President Clarence Busby.

    Nor were they immediately told that Busby had a run-in with the SEC in the 1990s and was accused of purveying three prime-bank swindles, according to records.

    The Lochmiller case also has a tie to Vernal, Utah, a community to which ASD also has a tie. The Lochmiller case was in part about real estate in Vernal. Vernal is the community in which the so-called “Arby’s Indians” got their start.

    ASD mainstay Curtis Richmond was a member of the bogus “tribe” based in Vernal. The tribe, which used the address of a Vernal doughnut shop as the address of its purported “Supreme Court” and was ruled a “complete sham” by a federal judge, got its derisive name because it once held a meeting at an Arby’s restaurant in Provo.

    Richmond went on to become a pro se litigant in the ASD Ponzi case, accusing the judge overseeing the case in the District of Columbia of “TREASON” and operating a kangaroo court. Richmond claimed the judge overseeing an unrelated case in Utah owed him $30 million. Other ASD figures later claimed government officials owed them sums ranging from the millions of dollars to the trillions.

    Another parallel between the ASD case and the Lochmiller case is the presence of the IRS. ASD’s early deceptions were uncovered by a U.S. Secret Service/IRS Task Force operating in Florida, according to court filings.

    “Investment fraud is like a ‘house of cards’; the underlying structure can fall apart at any time leaving many investors in financial ruin,” said Sean Sowards, a top IRS agent working the Lochmiller case.

    Sowards is the special agent in charge of the IRS-Criminal Investigation unit in Denver.

    “These sentences should remind us that defrauding investors is a serious offense and those who do will be held accountable,” Sowards said.

    Both Lochmiller Jr. and Carver testified at the Lochmiller Sr. trial, prosecutors said.

     

     

  • URGENT >> BULLETIN >> MOVING: Richard Dalton, Marie Dalton Arrested In Atlanta; Colorado Couple Implicated In Bizarre Ponzi Scheme And Will Be Prosecuted In Denver By Special Government Counsel From Kansas

    URGENT >> BULLETIN >> MOVING: A Colorado husband and wife have been arrested by federal agents in Atlanta and will be returned to Denver to be prosecuted by special government counsel brought in from Kansas, authorities said.

    Why special counsel was appointed to oversee the prosecution of Richard and Marie Dalton was not immediately clear. The allegations in the case, which began as an emergency SEC civil prosecution last year reported on here by the PP Blog, are bizarre. The case may be linked to the mysterious, prime-bank allegations against Larry Michael Parrish of Walkerville, Md., which the PP Blog reported on here.

    Richard Dalton, 65, and Marie Dalton, 60, reside in Golden, Colo. They have been charged with one count of conspiracy to commit mail fraud, wire fraud and interstate transportation of stolen funds, according to the office of U.S. Attorney Barry Grissom in the District of Kansas.

    Parrish’s name was not referenced today in the announcement by Grissom’s office of the prosecution of the Daltons. In March 2011, the SEC described Parrish as a recidivist swindler with a tie to Richard Dalton. Parrish was accused by the SEC of posing as a concerned financial adviser and investment strategist and visiting a dying man in a Colorado hospital.

    The man was suffering from cancer. Parrish assured him that investing with him was safe, that the man’s wife would not have to worry about her finances after his death, that “the investment would provide for his wife for the rest of her life,” the SEC said in March.

    “That money is now gone,” the SEC said. And so is the money from 70 other Parrish investors in three states, about $9.2 million in all, the agency said in March.

    When the Daltons learned they were under investigation by the SEC, Grissom’s office, the FBI and the IRS said today in a joint statement, they discontinued making payments to investors and falsely represented to investors that they could expect payments soon.

    “They also misled investors with false claims that the company’s European trader was switching banks, that the company was liquidating a cache of diamonds to pay investors back, that a plane carrying diamonds had been forced to land in Amsterdam because three engines had gone out and that the company had discovered it was holding 18,000 fake diamonds,” prosecutors said.

    The SEC laid out largely the same fact set in November 2010.

    “This investigation is not over as we are committed to following the money trail,” said Sean P. Sowards, IRS Criminal Investigation Special Agent in Charge. “We will continue to pursue the evidence wherever it leads.”

    The Dalton caper used a “diamond” theme and had an element known simply as “the Trading Program.” It gathered $17 million through a company known as Universal Consulting Resources LLC (UCR)., investigators said.

    “As part of soliciting investors for the Trading Program, Dalton and UCR falsely told prospective investors that their invested funds would be held safely in an escrow account at a bank in the United States, and that a European trader (often referred to simply as ‘the Trader,’ but never known or referred to by name) would use the value of that account, but not the actual funds, to obtain leveraged funds to purchase and sell bank notes,” the SEC charged last year.

  • UPDATE: Thanh-Viet ‘Jeremy’ Cao’s 30-Year Ponzi Sentence One Of Longest In Southern California History; Feds Say He Told Story About A ‘Chopped Up’ Infant And Threatened Victims With ‘Extreme Violence’

    Thanh-Viet “Jeremy” Cao, the California Ponzi schemer later accused in Nevada of filing fraudulent liens for enormous sums against public officials and identified by the Anti-Defamation League as a “sovereign citizen,” once threatened to torture and kill his business partner and the partner’s wife and family, federal prosecutors said.

    To keep victims in a state of terror, Cao said he knew people who previously had “chopped up” a baby in front of the baby’s parents, and then killed the baby’s mother,” prosecutors said.

    Those threats led to an extortion and firearms case brought by the state of California.

    And Cao dialed up the terror by referencing an “assassination” and “fatal car accident.” When he was arrested, “he possessed a loaded firearm, and body armor and other firearms were found at his residence,” prosecutors said.

    Cao, who was convicted in the state-level extortion case in 2009, was convicted Monday in the federal Ponzi case, which was brought after an investigation by the U.S. Secret Service. He was sentenced by U.S. District Judge Larry A. Burns to 30 years in prison and ordered to pay victims $12.4 million in restitution. He is scheduled to stand trial in the false-liens case later this year.

    Victims in the liens case included four federal judges, staff members of the U.S. Attorney’s Office for the Southern District of California and employees of the SEC, the Secret Service and the IRS, federal prosecutors in Nevada said year.

    The IRS Criminal Investigations unit brought the Nevada case, prosecutors said.

    Cao filed at least 22 fraudulent liens for astronomical sums, according to records. He turned to filing bogus financial claims after law enforcement, acting with the authority of a court order in the California Ponzi case, seized a $200,000 Bentley Cao had acquired with investor funds and sought to equip with armor.

    “Cao is a financial predator who will stop at nothing to cheat his victims out of their life savings,” said U.S. Attorney Laura E. Duffy of the Southern District of California.

    “He continues to show no remorse for his actions, which destroyed the finances of many innocent and hardworking people,” Duffy said. “When law enforcement and the federal judiciary stepped in to stop this fraud, Cao retaliated by trying to ruin their finances through the filing of false liens. The sentence in this [Ponzi] case demonstrates how dangerous predators like Cao can be.”

    A veteran Secret Service agent said bids to injure victims and the U.S. financial system would not be tolerated.

    “The U.S. Secret Service has more than 140 years of experience in investigating criminals like Cao, who target the stability of this country’s financial systems and prey on innocent victims,” said Gregory J. Meyer, special agent in charge.

    Cao faces a maximum sentence of 223 years if convicted of all counts in the false-liens case. He was indicted by a federal grand jury in Las Vegas in July 2010.

    As part of his liens fraud, Cao developed a “hit list” in which he promised to obtain certain personal information of government offcials “so he could ruin them financially,” prosecutors said.

    He also filed for bogus tax refunds, according to records.

    Cao’s purported business career was one marked by “cheating” that got him fired from his job for “fraud and misconduct,” prosecutors said, describing him as a “career criminal.”

    “When victims asked Cao what happened to their investments, Cao taunted them with profanity,” prosecutors said. “Cao’s victims lost their life savings, retirement funds, and their homes.”

    About 190 victims were affected in the Ponzi scheme, prosecutors said, describing his 30-year sentence as one of the longest in a white-collar case in the history of Southern California.

  • ‘SURF/HYIP HELPERS BEWARE: Woman Who Helped Tennessee Ponzi Schemer Cover Up Fraud Sentenced To 6 Years In Federal Prison; Donna Jones’ Role In $12.3 Million Caper Outlined By Jailed Boss In Court After Investigators ‘Follow The Paper Trail’

    EDITOR’S NOTE: Although Donna Jones did not run an autosurf or online HYIP fraud, the case against her is instructive. Indeed, prosecutors said, Jones was an insider who was aware of the Ponzi scheme being conducted by her boss, Michael J. Park. And Jones took an active role in the scheme, encouraging customers to invest, hustling cash even as the scheme was unraveling, creating bogus “spreadsheets” and fabricating information given to investors.

    It is common for autosurf and HYIP insiders to solicit funds for fraud schemes, use spreadsheets with bogus or illusory information to reel in and (later) lull prospects, siphon investor funds and simply lie to maintain their ability to keep drinking from a criminal well.

    At least seven federal, state and local agencies became part of an intense probe to reverse-engineer the Park scheme. In the end, Park himself testified against his former employee.

    UPDATED 9:58 A.M. EDT (U.S.A.) A woman employed by a Tennessee Ponzi schemer added $19,000 in new clothes to her wardrobe, withdrew $225,000 in cash and spent more than $300,000 on home renovations, federal prosecutors said.

    Now, Donna Jones has been sentenced to 72 months in federal prison. Jones, 37, of Dickson, Tenn., also was ordered to pay nearly $8.2 million in restitution to victims.

    Jones was the office manager of Park Capital Management Group (PCMG), a Brentwood, Tenn.-based business operated by Michael J. Park. Park, who is serving a 96-month prison sentence, testified about Jones’ knowledge of the scheme at her sentencing hearing, prosecutors said.

    Federal, state and local law-enforcement agencies worked together to expose the fraud, prosecutors said.

    Among the agencies working the criminal probe were the U.S. Attorney’s Office, the FBI, the U.S. Postal Inspection Service, the IRS, the Tennessee Bureau of Investigation and the Brentwood (Tenn.) Police Department. The SEC sued Park in a civil case.

    “Jones repeatedly encouraged people to invest by falsely promising security, growth and inflated returns on their money, but instead the investors lost their savings as part of an elaborate Ponzi scheme,” said U.S. Attorney Jerry E. Martin of the Middle District of Tennessee.

    Park advised U.S. District Judge Aleta Trauger that Jones used a “spreadsheet” to keep track of “fictitious” PCMG accounts and that he and Jones “pooled” investor funds and used them as “their own personal bank account,” prosecutors said.

    “This case further demonstrates how effectively IRS Criminal Investigation agents work jointly with our federal and state law enforcement partners in investigating complex financial crimes,” said Darryl Williams, acting special agent in charge of the IRS Criminal Investigation unit in Nashville.

    “IRS Criminal Investigation agents were able to use their expertise to conduct a complex financial investigation, follow the paper trail, and unravel violations of federal law,” Williams said.

    It also was Jones’ idea to use the seal of the Securities Investor Protection Corp. (SIPC) to create the illusion that investing with PCMG was safe, according to Park’s testimony.

    But “PCMG was not a member of the SIPC, and the SIPC provided no protection for PCMG investors,” prosecutors said.

    Jones, who also was accused of concealing the scheme by fabricating documents and soliciting funds to cover shortfalls, pleaded guilty to mail fraud and money-laundering in January.

    Among the documents were IRS 1099 forms, but “none of the funds listed in PCMG investment accounts were ever invested,” according to Park’s testimony.

    It is common in the autosurf and HYIP spheres for purveyors to claim an “opportunity” is legitimate because the company gathers tax information and sends 1099 forms.

    Park also was the subject of a 2008 complaint filed by the SEC, bringing the number of state and federal agencies involved in PCMG-related litigation to at least seven.

    “Park used investor funds, among other things, to help purchase a $1 7 million home, pay for expensive golf memberships, to purchase a Porsche automobile and to purchase a Mercedes Benz sedan worth more than $90,000,” the SEC said in September 2008.

  • Pensacola Fraudsters Sentenced To Federal Prison; Pinnacle Quest International Vendors Sold ‘Tax And Credit Card Debt Elimination Scams,’ Federal Prosecutors, IRS Say

    “They helped form a series of sham business entities and then promoted fraudulent debt elimination tactics intended for the sole purpose of concealing income from the IRS.” — Victor S. O. Song, chief, IRS Criminal Investigation

    As the U.S. Department of Agriculture was conducting a “review” of claims made by affiliates of a purported “grocery” business in Pensacola, Fla., that dispenses “gift cards” to winners in a 2×2 matrix cycler, a federal judge in Pensacola was handing out prison sentences to defendants convicted in a tax-fraud and debt-elimination scheme.

    All in all, nine promoters were implicated in the Pinnacle Quest International (PQI) case. Four were sentenced to prison in July. Two others will be sentenced in October, and three were sentenced yesterday for their roles in an elaborate fraud in which PQI served as an “umbrella organization for numerous vendors of tax and credit card debt elimination scams,” federal prosecutors said.

    Eugene Casternovia received 7 years in prison. Arthur Merino, meanwhile, was sentenced to 40 months. Mark Lyon, the third defendant sentenced yesterday, cooperated with prosecutors and received a sentence of 18 months.

    Among the PQI vendors was the Southern Oregon Resource Center for Education (SORCE), which “sold bogus theories and strategies for tax evasion,” prosecutors said.

    “For fees starting at $10,000, SORCE assisted its customers in the creation of a series of sham business entities in the United States and Panama,” prosecutors said. “Other tax-related PQI vendors denied the legitimacy of the income tax system on various theories and provided customers with a ‘reliance defense’ that consisted of a paper trail of frivolous correspondence which a client could allegedly use as evidence of good faith if the client were prosecuted.”

    Financial Solutions, another PQI vendor, sold “fraudulent schemes for eliminating credit card debt,” prosecutors said.

    “Financial Solutions charged its customers thousands of dollars for a series of letters to send to credit card companies disputing the lawfulness of the underlying debt,” prosecutors said. “The product was wholly ineffective, and customers typically were sued by their creditors and often forced into bankruptcy.”

    At the same time, yet-another PQI vendor known as MYICIS “operated as a sophisticated, computerized ‘warehouse bank,’” prosecutors said.

    “MYICIS was a single bank account in which customers pooled their money,” prosecutors said. “MYICIS was promoted to PQI’s clients as a method to hide their assets from the IRS as a result of the pooled nature of the account. MYICIS had 3,000 clients and approximately $100 million in deposits over a three year period.”

    A veteran IRS agent declared the business entities tied to the PQI case a “sham.”

    “These defendants are now being held accountable for their criminal behavior,” said Victor S. O. Song, chief, IRS Criminal Investigation. “They helped form a series of sham business entities and then promoted fraudulent debt elimination tactics intended for the sole purpose of concealing income from the IRS. Their tactics were fraudulent. There is no secret formula that can eliminate an individual’s tax obligation.”

    In July, Arnold Ray Manansala was sentenced to 12 years in prison; Dover Eugene Perry, meanwhile, was sentenced to 10 years. Michael Guy Leonard was sentenced to nine years and one month, and Mark Daniel Leitner was sentenced to five years.

    The trial in Pensacola took up a full month. Wayne Hicks, the operator of My Icis Inc., already was serving a five-year prison sentence.

    FBI Director Robert Mueller has warned Congress at least twice this year about a “shadow” banking system that is a threat to U.S. national security.

    In November, President Obama formed the Financial Fraud Enforcement Task Force to attack the problem with white-collar and other forms of fraud. It is billed the “broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.”

    MYICIS was a topic of discussion on known Ponzi scheme and fraud forums such as TalkGold. In May, the U.S. Postal Inspection Service referenced the forums in filings in a criminal case against an alleged Ponzi scheme known as Pathway To Prosperity.

    In recent months, a Pensacola business known as MPB Today (My Premier Business Today) has been operating an MLM program that purports to sell “groceries.” The program has been advertised on TalkGold, and other known Ponzi forums.

    One MPB Today affiliate attempted to sell the program by creating a video animation and depicting President Obama and Secretary of State Hillary Clinton as Nazis. Clinton was called “Hitlary” in the promo.

    Others have attempted to sell the MPB Today business “opportunity” by linking it to the federal Food Stamp program administered by the Department of Agriculture. The USDA announced earlier this month that it was conducting a “review” of affiliate claims.

    This video promo for Pensacola-based MPB Today is targeted at Food Stamp recipients.

    Still other MPB Today affiliates have focused on recruiting prospects by telling them they’d receive “gift cards” from Walmart. At least one promo on YouTube shows an envelope inside an envelope that had been mailed through the U.S. Postal Service.

    Such an approach is consistent with the practices of “cash-gifters” — people who use the mails to promote chain-letter pyramid and tax schemes. The inside envelope in the YouTube video showed that at least one MPB Today affiliate had been paid with a prepaid Visa card purchased at Walmart. The envelope also contained a Walmart gift card.

    In the YouTube video, the MPB Today affiliate appeared to be surprised about what he’d just received in the mail.

    One promo after another for MPB Today has emphasized the gift cards. Still other affiliates have produced videos that show checks drawn on an FDIC-insured bank in Pensacola that has been operating since January under a consent agreement with the FDIC.

    Florida has been plagued by mortgage foreclosures. MPB Today is targeting foreclosure subjects in a video pitch, as are many affiliates. Affiliates also have targeted the unemployed, senior citizens, people of faith and members of the alleged AdSurfDaily (ASD) Ponzi scheme.

    ASD also was based in Florida. The company is known to have attracted affiliates who participated in tax, debt-elimination and cash-gifting schemes. At least one ASD affiliate has been linked to a group that sought to imprison federal judges and litigation opponents in debt cases. Another affiliate filed papers in federal court that purported to show that a bank could be defeated in a foreclosure case by filing a bond consisting of $21 in “silver coinage.”

    At least one MPB Today promoter positioned the grocery company as an opportunity for religious members of ASD to make up losses in the failed autosurf. The U.S. Secret Service has seized tens of millions of dollars from bank accounts linked to ASD.

    Florida records show that MPB and its associated grocery company — Southeastern Delivery — have operated by at least five names since 2006. MPB Today operator Gary Calhoun was ordered by the U.S. Food and Drug Administration to stop violating federal law in promotions for a product marketed as a treatment for Lou Gehrig’s disease, among others.

    ASD President Andy Bowdoin also operated numerous companies in Florida. according to records.