Tag: U.S. Attorney Paul J. Fishman

  • Purported ‘Secret’ Computer Program And ‘Proprietary Computer Algorithm’ Were Launching Ground For Forex Swindle, Feds Say; George Sepero Charged Amid Allegations He Also Defrauded Elderly Widow With Serious Medical Problems Out Of Her Life Savings In Separate Scam

    UPDATED OCT. 19, 2013. George Sepero has been sentenced to 100 months in federal prison. Our earlier story is below and has been edited to correct spelling.

    The word “proprietary” has been used again to mask a large financial swindle, federal prosecutors said.

    George Sepero, 39, of Glen Rock, N.J., has been indicted on charges he was running a hedge-fund scam and a separate scam designed to steal the life savings of an elderly New Jersey woman with serious medical problems.

    Sepero now has been charged in a 17-count indictment with 16 counts of wire fraud and one count of conspiring to commit wire fraud.

    The caper involved Pelt Capital, Caxton Capital Management, SP Investors Inc. and CCP Pro Consulting Inc., prosecutors said.

    As part of the hedge-fund scam, Sepero and co-conspirators “claimed they owned and controlled a proprietary computer algorithm for trading foreign currencies, that they had used the algorithm to achieve returns of more than 170 percent in the prior two years, and that any investment funds would be highly liquid and could be withdrawn on days’ notice,” the office of U.S. Attorney Paul J. Fishman of the District of New Jersey said.

    In reality, “Sepero and others invested little money in foreign currency or any other investment vehicle, instead diverting the vast majority of victims’ investments to pay prior victims in Ponzi-scheme style and to finance extravagant personal expenditures,” Fishman’s office said.

    Any number of scammers have used the word “proprietary” as a part of explanations designed to cover up an underlying fraud, discourage investors from asking questions or to make an opportunity appear to be unique. Such explanations often also include the words “secret” or “algorithm.”

    The Sepero scam gleaned more than $4 million, and Sepero and others spent investor money on credit card bills averaging about $25,000 per month, prosecutors said.

    Here is how other  money was spent, prosecutors said.

    • Bar tabs of approximately $18,241,  including a $4,000 tip at Drai’s Hollywood nightclub in Los Angeles.
    • Luxury hotel rooms for tens of thousands of dollars, including suites costing more than $4,000 at W Hotels in New York.
    • Flights to Paris, Los Angeles, Chicago and elsewhere.
    • A customized Ford F-350 “Harley-Davidson Edition” pickup truck costing more than $80,000.
    • A Mini Cooper automobile.
    • A leased a BMW.

    “Sepero also spent victims’ money on other personal expenditures, including mortgage payments, home improvements, meals at high-end restaurants, jewelry and limousines,” prosecutors said.

    The hedge-fund scam also included the mailing of false statement to customers and emails sent by “Mel Tannenbaum,” whom prosecutors described as “a fictional character of the conspirators’ invention.”

    And bogus “screen shots” also were used to dupe investors, prosecutors said.

    “Sepero and others also emailed to several investors ‘screen shots’ of a computer-based trading program, which they claimed represented the investors’ funds being traded in the currency markets,” prosecutors said.  “In reality, the shots reflected trading in fictional accounts set up by the co-conspirators to dupe investors.”

    In the scam targeting the senior citizen in poor health, Sepero took charge of her annuity account” and drained it down to less than $17 while making the woman’s family believe the account contained more than $750,000.

    The woman was a widow, and Sepero “convinced her to write checks to entities that Sepero controlled,” prosecutors said. “Sepero promised to add the money to the annuity account, but instead spent hundreds of thousands of dollars for his personal use.”

     

  • URGENT >> BULLETIN >> MOVING: ALLEGED ‘PUPPETMASTERS’ EXPOSED: Feds Charge 5 Attorneys, 2 Mob Figures And CPA In Extortion Scheme That Led To ‘Illegal Takeover’ Of FirstPlus Financial Group Inc.; Scheme Featured ‘Fraudulent SEC Filings,’ U.S. Attorney Says

    URGENT >> BULLETIN >> MOVING: Thirteen people have been arrested, including five attorneys, a CPA, two alleged mob associates and others in a spectacular case that alleges the mafia and its underlings illegally took over FirstPlus Financial Group Inc., a publicly held company in Texas.

    “[T]he defendants gave new meaning to ‘corporate takeover’ by looting a publicly traded company to benefit their criminal enterprise,” said U.S. Attorney Paul J. Fishman of the District of New Jersey.

    Charged were attorneys William Maxwell, Cory Leshner, David Adler, Gary McCarthy and Donald Manno. Their ages and addresses were not immediately clear. Howard Drossner, whom federal prosecutors described as a CPA, also was charged.

    Nicodemo S. Scarfo, an alleged member of La Cosa Nostra and the Lucchese organized crime family, also was charged, as was Salvatore Pelullo, an alleged LCN and Lucchese family associate.

    “Through rampant self dealing, fraudulent SEC filings and more traditional mob methods, the defendants allegedly stole $12 million from shareholders,” Fishman said. “Particularly in these economic times, investors should be free to invest in public companies without fear that violent criminal organizations are their puppetmasters.  And the public deserves to rely with confidence on corporate officials and professionals whose positions require them to act in the best interest of shareholders, not members of organized crime.”

    “The indictment alleges that Mr. Scarfo and Mr. Pelullo used economic extortion and threats of violence to seize and maintain control of a publicly traded company, successfully removing its entire existing board of directors and management,” said Assistant Attorney General Lanny A. Breuer.  “Once in control, they allegedly used their criminal enterprise to extract millions of dollars from the company to fund their lavish lifestyles.”

    Breuer is head of the Justice Department’s Criminal Division.

    Read the Feds’ news release for other names and details.

  • BULLETIN: 77-Year-Old Ponzi Enabler And His 40-Year-Old Son Who Helped Confuse Investors In Nevin Shapiro’s $930 Million ‘Grocery’ Ponzi Sentenced To Federal Prison; Roberto And Alejandro Torres Also Hit With $82 Million Restitution Order

    BULLETIN: Yesterday a federal judge in Michigan sentenced 75-year-old Ponzi schemer Edward May to 16 years in federal prison for pulling off a $350 million fraud.

    Today in New Jersey — in a separate case — a 77-year-old Ponzi enabler and his Ponzi-enabling, 40-year-old son were sentenced to combined prison terms of just shy of eight years for helping make Nevin Shapiro’s $930 million swindle possible.

    It could have been worse, but the pair later helped unmask the caper they once enabled.

    U.S. District Judge Susan D. Wigenton imposed a 48-month sentence on Roberto Torres, who will not leave prison until he is at least 81. Torres’ son, Alejandro Torres, was imposed a slightly lower sentence: 46 months. Both father and son also were hit with an $82 million restitution order. The elder Torres once resided in Lighthouse Point, Fla., but now lives in New York. His son lives in Boca Raton, Fla.

    When the Torreses will begin serving their terms was not immediately clear.

    Shapiro, 42, formerly of Miami Beach,  is serving a 20-year-term and is liable with Roberto and Alejandro Torres in the restitution order. Both father and son pleaded guilty to a single count of securities fraud. Shapiro pleaded guilty last year to one count of securities fraud and one count of money laundering.

    Roberto Torres was the chief financial officer of  Capitol Investments USA Inc., Shapiro’s phony “grocery” arbitrage business. Alejandro Torres was an accountant at the firm, which hatched a four-year-long scheme beginning in 2005 to siphon money from investors by cooking the books.

    Father and son “admitted to creating, or directing others to create, fraudulent documents which falsely touted the profitability of Capitol’s fictitious grocery diversion business,” the office of U.S. Attorney Paul J. Fishman of the District of New Jersey said today. “The Torreses admitted that those documents included: profit and loss figures fraudulently representing that Capitol’s wholesale grocery business was generating tens of millions of dollars in annual sales; personal and business tax returns for Shapiro and Capitol also fraudulently reflecting those sales; and numerous invoices fraudulently reflecting transactions between Capitol and other companies in the wholesale grocery business.”

    The Shapiro Ponzi, which was based in South Florida, toppled in January 2009, prosecutors said.

    Sydney Jack Williams, 63, of Naples, Fla., faces sentencing in January on charges he was Shapiro’s top recruiter and did not report $12 million in commissions.

  • BULLETIN: New Jersey Ponzi Scheme Figure Jenifer Devine Pleads Guilty To Wire Fraud; Case Was Brought By Financial Fraud Enforcement Task Force

    A New Jersey woman accused of operating an $8 million Ponzi and investment-fraud scheme has pleaded guilty to wire fraud.

    Jenifer Devine, 39, of Fair Lawn, was accused in November 2010 of ripping off investors in a purported wholesale business  known as Devine Wholesale, which purportedly offered clothing and electronics.

    But it was a promissory-notes Ponzi scheme that featured bogus inventory lists and caused investors to lose more than $2 million, federal prosecutors said.

    Investors were lured by promises of returns of up to 25 percent every 30 to 60 days, but Devine’s company was fraudulent and she spent some of the money on a Royal Caribbean cruise and purchases at luxury retailers such as Burberry, Gucci and Coach.

    Devine faces up to 20 years in federal prison.

    The case was brought by elements of the Financial Fraud Enforcement Task Force and prosecuted by the office of U.S. Attorney Paul J. Fishman.

     

  • BULLETIN: Nevin Shapiro, Operator Of $930 Million ‘Grocery’ Ponzi Scheme, Sentenced To 20 Years In Federal Prison; Fraudster ‘Used Other People’s Money To Live A Fantasy Life,’ U.S. Attorney Says

    BULLETIN: Nevin Shapiro, the Florida-based operator of a bizarre “grocery” Ponzi scheme that gathered nearly $1 billion and caused losses approaching $100 million, has been sentenced to 20 years in federal prison.

    Shapiro, 42, was charged by federal prosecutors in New Jersey last year after investigations by the FBI and the IRS. He pleaded guilty in September to one count of securities fraud and one count of money-laundering. All in all, the scheme brought in $930 million, prosecutors said.

    The SEC also sued Shapiro.

    “Nevin Shapiro used other people’s money to live a fantasy life built on false promises to unsuspecting victims,” said U.S. Attorney Paul J. Fishman.

    Elements of the case were brought by the interagency Financial Fraud Enforcement Task Force established by President Obama in November 2009.

    Shapiro operated a company known as Capitol Investments USA Inc., which purported to be in the wholesale grocery business.

    In reality, prosecutors said, Capitol “had virtually no income-generating business” between January 2005 and November 2009 — and Shapiro was running a colossal Ponzi scheme to fund his extravagant personal spending and penchant for gambling.

    At least $5 million evaporated when Shapiro stole from investors to pay illegal sports bets. He stole $26,000 a month to pay the mortgage on his Miami Beach home, which has been appraised at $5 million. Meanwhile, he stole $400,000 to pay for floor seats to watch the Miami Heat play basketball, while stealing $7,250 a month to make payments on his yacht and $4,700 a month to make payments on a leased Mercedes.

    Shapiro also lavished celebrities and sports figures, including college athletes, with gifts, prosecutors said.

    By the time the scheme collapsed and investor losses were totaled, Shapiro had stolen more than $82 million. He was ordered by U.S. District Judge Susan D. Wigenton to make restitution in the amount of $82.6 million.

    Prior to his arrest, he told investors one of the reasons they weren’t getting their payments was that his accountant was “on vacation,” prosecutors said.

  • BULLETIN: $200 Million Ponzi And Affinty-Fraud Scheme Alleged By Feds In New Jersey; Eli Weinstein Arrested By FBI

    UPDATED 2:40 P.M. EDT (U.S.A) The Newark Star-Ledger and the Asbury Park Press are reporting that New Jersey real-estate developer Eli Weinstein has been arrested by the FBI in a Ponzi and affinity-fraud case that may involve $200 million or more.

    Both newspapers had photographers on the scene as the arrest was made this morning.

    2:40 P.M. UPDATE: Weinstein is 35. He lives in Lakewood, N.J. Federal prosecutors, led by U.S. Attorney Paul J. Fishman, have issued a statement that describes the case as a Ponzi and affinity-fraud scheme targeting orthodox believers of the Jewish faith.

    “Weinstein is charged with offering an array of lucrative investment opportunities that served the single purpose of fattening his wallet,” Fishman said. “It is always offensive when someone steals from others to finance his own luxurious lifestyle, but it is especially galling to exploit a community with whom one shares an inherent trust.”

    A veteran FBI agent said the scheme was contemptible.

    “Based on the allegations in the criminal complaint – lies, threats, deliberate misrepresentations, and even counterfeit checks, it is clear to us that the defendants in this matter exploited the close community ties of the Orthodox Jewish Community for one goal: to steal money through an elaborate real estate and Ponzi scheme,” said Michael B. Ward, special agent in charge of the Newark division.

    “This investigation highlights the need for consumers to do their own homework before entering into any business arrangements and not simply take the word of the other partners,” Ward continued. “If something seems too good to be true, it almost always is.”

    Ward credited the IRS for assisting in the probe, saying its role was important in unmasking the scheme.

    “At its most basic level, this is a case about greed and the abuse of trust,” Ward said. “The subjects in this case did not utilize overly sophisticated fraud schemes, but rather took advantage of trusted relationships to persuade victims to invest in their staged real estate ventures, which were often supported by false and forged documents.”

    Also charged in the case was Vladimir Siforov, 43, of Manalapan, N.J. He “remains at large,” prosecutors said.

    Read the breaking-news coverage at the Star-Ledger site at NJ.com.

    Read the Asbury Park Press coverage at APP.com.

    Weinstein’s New Jersey Ponzi arrest was the second in the state in recent months to allegedly involve a spectacular sum of money.

    Nevin J. Shapiro, 41, of Miami Beach, Fla., was arrested in New Jersey in April on charges of running an $880 million Ponzi scheme involving a bogus wholesale grocery business.

    The alleged Weinstein and Shapiro schemes combined may involve more than $1 billion.

  • BULLETIN: Charges Upgraded Against Nevin Shapiro In Alleged $880 Million Ponzi Scheme; Prosecutors Say He Used Investors’ Money To Make Illegal Sports Bets And Enjoy Lavish Lifestyle

    Charges against a Florida man accused of running a Ponzi scheme through a bogus wholesale grocery business known as Capitol Investments USA Inc. have been upgraded, U.S. Attorney Paul J. Fishman of the District of New Jersey said.

    Nevin J. Shapiro, 41, of Miami Beach, originally was charged via criminal complaint in April with one count of securities fraud and one count of money-laundering. A grand jury now has returned an indictment charging Shapiro with one count of conspiracy to commit securities fraud and wire fraud, one count of securities fraud, two counts of wire fraud and two counts of money-laundering.

    Three unindicted co-conspirators are identified in the indictment by numbers, as opposed to names. “UC 1” was described as Capitol’s chief financial officer; “UC 2” was described as a Capitol “accountant”; and “UC 3” was described as a Capitol “bookkeeper.”

    Unnamed “others” also are referenced in the indictment, which also seeks forfeiture of criminal proceeds.

    When the Ponzi was collapsing in 2009, Shapiro offered a series of explanations about why payments to investors were delayed, prosecutors said.

    “Shapiro told investors, among other things, that the payments were not being made because Capitol’s vendors were late in making payments, Capitol was suffering from cash flow problems, and that Shapiro’s accountant was on vacation,” prosecutors said.

    In reality, prosecutors said, “Shapiro misappropriated approximately $35 million in investor funds for his personal use, including paying millions of dollars in debts resulting from illegal gambling on sporting events.

    “Using investor money, he also spent, at various times, more than $400,000 for floor seats
    to watch the Miami Heat professional basketball team; approximately $26,000 per month for mortgage payments on his residence in Miami Beach, recently appraised at approximately $5.3 million; approximately $7,250 per month for payments on a $1.5 million dollar Riviera yacht; and approximately $4,700 per month for the lease of a Mercedes-Benz automobile.”

    And, prosecutors charged, “Shapiro also used stolen funds to purchase a pair of diamond-studded handcuffs, which he gave as a gift to a prominent professional athlete, as well as to make $150,000 in donations to the athletic program of a local university in the Miami area. As a result of a 10-year gift to the university, the Nevin Shapiro Student-Athlete Lounge at the university was named for the defendant. Shapiro and Capitol were forced into bankruptcy in November 2009. At that time, they owed more than $100 million to victim investors.”

    Shapiro has been jailed since his arrest in April. He potentially faces decades in prison and millions of dollars in fines if convicted on all counts.

    Court filings suggest the scheme gathered as much as $900 million.

  • Yet Another Senior Citizen Guilty In Ponzi Scheme That Targeted Fellow Seniors; Crime Was ‘Ruthlessly’ Executed, NJ Attorney General Anne Milgram Says

    A New Jersey financial adviser who created a sham company and operated it for 17 years has pleaded guilty to five felony counts of mail fraud, federal prosecutors said.

    Separately, state prosecutors announced a guilty plea to a felony charge of money-laundering.

    Maxwell B. Smith, 69, of Fairhaven, operated a Ponzi scheme that consumed more than $9 million, said U.S. Attorney Paul J. Fishman of the District of New Jersey.

    Smith faces a maximum sentence in the federal case of 100 years in prison and a maximum fine of $1.25 million. He will be sentenced Feb. 26 and remains free on bail of $1 million.

    Senior citizens were among the victims of a Ponzi scheme operated by a senior citizen, prosecutors said. New Jersey Attorney General Anne Milgram, whose office brought the companion money-laundering prosecution, described the crime as ruthless.

    milgram“This defendant ruthlessly preyed on elderly investors, targeting longtime clients who trusted him to look out for their interests,” Milgram said. “Instead, Smith deceived them and stole their money, in some instances depriving retired investors of their life savings.”

    Part of the deception was to operate the scheme out of a Mail Boxes Etc. “mail drop leased by Smith,” prosecutors said.

    Prosecutors said Smith worked for financial-services companies in Millburn and Tinton Falls, and admitted he created a sham entity known as Health Care Financial Partners (HCFP) in 1992. HCFP purported to be an investment fund with more than $300 million in assets under management, consisting of loans to healthcare facilities such as nursing homes.

    “Using his relationships with his investor clients, Smith admitted that he sold debt securities in HCFP through sham bond offerings ranging in prices from $25,000 to $300,000 per investment,” prosecutors said. “Smith induced individual investors by creating a phony investment prospectus falsely stating that the total value of HCFP’s holdings exceeded $300 million. To further induce individuals to invest in HCFP, Smith falsely claimed that their money would earn yearly dividend interest of between 7.5 and 9 percent, and that the returns on their investments would be tax-free, similar to municipal bonds.”

    Smith duped investors by lulling them into “thinking their investments were legitimate and earning returns” by using their money “to purchase bank checks, which he then sent
    to investors as purported earnings on their investments,” prosecutors said.

    But Smith told U.S. District Judge Mary L. Cooper that, instead of investing the funds as promised, he diverted the investments to his own bank accounts where he used the investors’ money for his personal expenses.”

    Smith spent client funds on dining, entertainment, gambling and international travel, “defrauding HCFP investors out of more than $9 million, prosecutors said.

    He also was charged under state law with money-laundering by Milgram. Smith pleaded guilty in the state case last week, and state prosecutors recommended a sentence of 15 years. The state sentencing is scheduled for March 5 in Morris County. Superior Court Judge Thomas V. Manahan will preside.

    “This investment broker stole millions of dollars from elderly clients, callously betraying the trust they placed in him as their longtime financial advisor,” said Milgram. “In pleading guilty to these charges, Smith faces a lengthy prison sentence and must pay full restitution to his victims.”