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Tag: Philip R. Lochmiller Sr.

  • BULLETIN: Philip Lochmiller Sr., 64-Year-Old Recidivist Huckster And Ponzi Schemer, Effectively Sentenced To Life In Prison

    BULLETIN: Philip Lochmiller Sr., the Colorado recidivist securities huckster and Ponzi schemer whose case drew comparisons to the AdSurfDaily Ponzi case for a lack of key disclosures to investors, has been sentenced to 405 months in federal prison and ordered to pay restitution of $18.6 million.

    The term amounts to nearly 34 years. Lochmiller is 64. He was taken into custody immediately by the U.S. Marshals Service upon his sentencing, federal prosecutors said.

    U.S. District Judge Philip A. Brimmer presided over the case.

    “Make no mistake,” said U.S. Attorney John Walsh of the District of Colorado. “Today’s sentence, which amounts to a life sentence, demonstrates that those who rob with the pen and the computer cannot evade the painful consequences of their crimes. Although this sentence can’t by itself undo the damage suffered by the many victims of this fraudulent scheme, justice was done.”

    All in all, the scheme attracted more than $30 million and affected more than 400 investors, prosecutors said.

    “Today’s sentencing provides 403 citizens victimized by Philip Lochmiller Sr some justice for the devastating financial losses he caused with deceit and misrepresentations,” said James Yacone, FBI special agent in charge.

    Added Sean Sowards, special agent in charge of the IRS Criminal Investigation Unit in Denver: “IRS Criminal Investigation will work with our law enforcement partners to vigorously pursue and hold accountable those who perpetrate these schemes to get rich quick at the expense of honest Americans.”

    Lochmiller’s stepson — Philip Lochmiller Jr. — also was implicated in the scheme. So was Shawnee Carver, an employee of Valley Investments, a company linked to Lochmiller’s Valley Mortgage Inc. entity.

    Lochmiller Jr. earlier was sentenced to eight years and ordered to pay $18.6 million in restitution. Carver was sentenced to two years and ordered to pay $2.5 million in restitution.

    Lochmiller and two members of his family were sentenced to prison for their roles in a California securities swindle in the 1980s, according to records. The 1980s scheme operated in the Greater San Diego area and resulted in 1,600 investors being bilked out of a total of $5 million.

    Investors in Lochmiller’s most recent scheme were not told about his previous felony conviction, prosecutors said. Nor were they told about a bankruptcy filing.

    Like Lochmiller, ASD’s Andy Bowdoin shielded investors from knowing he had been implicated in an Alabama securities swindle in the 1990s and had pleaded guilty to a felony, according to court filings.

    At the same time, ASD investors were denied information that Clarence Busby, a key Bowdoin business associate, had declared bankruptcy and had been implicated by the SEC in three prime-bank swindles in the 1990s, according to records.

     

     

  • 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.

     

     

  • Recidivist Huckster, 63, Found Guilty In $30 Million Ponzi Scheme Based In Colorado; Philip R. Lochmiller Sr. Wiped Out Investors After Earlier Serving 3 Years In California Prison For Securities Fraud

    UPDATED 8:57 P.M. EDT (U.S.A.) Philip R. Lochmiller Sr., 63, has been found guilty of money-laundering, mail fraud and conspiracy in federal court in Colorado.

    The jury returned the verdict in three hours, after a 10-day trial, the office of U.S. Attorney John Walsh of the District of Colorado said.

    Lochmiller spent three years in a California state prison for a securities swindle in the 1980s, according to records. The California scheme involved about $5 million. Two decades later, a new Lochmiller real-estate scheme evolved in Colorado, involving about $30 million, prosecutors said.

    A final restitution sum has not been calculated. Lochmiller potentially faces decades in federal prison.

    The “verdict is a victory for the over 400 victims in this case, many of whom are from the Grand Junction area,” Walsh said.

    Lochmiller was associated with firms known as Valley Mortgage Inc. and Valley Investments. Investors were promised returns of up to 18 percent, prosecutors said.