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Tag: Securities Investor Protection Corp.

  • ‘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.

  • ALERT: International Con Artists Target Madoff Victims; Regulatory Agencies, Receiver In Cook/Kiley Ponzi Case Go On Guard For Copycats

    An individual or group of individuals believed to be operating internationally created a website that mimicked the website of the U.S. Securities Investor Protection Corp. (SIPC) “in an apparent attempt to target [Bernard] Madoff victims” in a fraud scheme, SIPC said.

    SIPC and the SEC issued warnings immediately, as did the court-appointed receiver in the alleged Trevor Cook/Pat Kiley Ponzi scheme in Minnesota. There is no suggestion that a similar effort is under way by con artists to fleece Cook/Kiley investors, but R.J. Zayed, the receiver in the Cook/Kiley case brought by the SEC and the CFTC, urged Cook/Kiley investors to pay attention.

    “You should use caution when giving personal information to third parties,” Zayed said on the receivership website. “Before giving anyone your information you should verify that the agency you are communicating with exists and that the individual (or system) purporting to represent that agency actually does so.”

    SIPC maintains a special reserve fund mandated by Congress to protect the customers of insolvent brokerage firms such as Madoff’s. A scam site appeared online that used SIPC’s initials in its name, preceded by the letter “I” and a hypen, to form the domain name “I-SIPC.com.”

    The site purported to be the “International Securities Investor Protection Corporation.”

    Visitors to the bogus domain were told that the purported organization “collaborated with Interpol to recover $1.3 billion in Madoff money from a hideout in Malaysia,” SIPC said.

    Meanwhile, visitors were shown “a photo of a huge stack of U.S. currency,” SIPC said, noting a bogus “testimonial” from a purported Madoff victim who was happy with the fraudulent entity appeared on the site.

    The I-SIPC.com domain listed a registration address in Nigeria and was registered on Aug. 20, 2009, according to the registration data. It is unclear if the site was registered by a Nigerian or a person posing as a Nigerian. The site appears to be using shared hosting with 597 other domains on the same server, according to web records.

    Nigeria has an international reputation for online fraud, and some scammers — recognizing Nigeria’s reputation — have posed as Nigerians to perpetrate fraud and to cover their tracks. Such scammers could be located anywhere in the world.

    For its part, the SEC called the I-SIPC.com site a “fictitious entity.”

    “The ‘ISIPC’ Web site bears a certain likeness to the Securities Investor Protection Corporation’s (SIPC) Web site, mimicking its look, feel, and content in an attempt to achieve an aura of authenticity with Madoff victims,” the SEC said. “The ‘ISPIC’ Web site claims to partner with several governments including the United States, and links to actual government Web sites to signify an affiliation. ‘ISIPC’ also falsely claims to be sponsored by the United Nations, the International Monetary Fund, and the World Bank.”

    SIPC said it was investigating misuse of its trademark and “will seek to have the violator prosecuted to the extent the law allows.”

    “We know from information provided to us by individuals that this bogus group is already attempting to obtain funds and confidential financial information from investors in the U.S.,” said SIPC President Stephen Harbeck.

    “SIPC wants to be as clear as possible that Madoff victims and other investors should not share any personal financial information via this Web site or rely upon it as an information source. We intend to use every available means to shut down this illicit operation.”

    The bogus site now is loading a message that says, “THIS SITE IS TEMPORALLY CLOSED.”

    “Investors who lose money in widely publicized schemes are often targeted by con artists looking to cash in on the victim’s desire to recover losses,” said Lori Schock, director of the SEC’s Office of Investor Education and Advocacy. “Victims of fraudulent schemes should be aware that such refund schemes commonly exist, and can be perpetrated through copycat Web sites that appear similar to those of actual regulators or other organizations.”