CONSUMERS GET REFUNDS IN ALLEGED CREDIT CARD INTEREST TELEMARKETING FRAUD CASE

 FROM:  FEDERAL TRADE COMMISSION 

FTC Mails Refund Checks to Consumers Allegedly Defrauded by Telemarketers Who Charged a Fee, Promising to Help Lower Their Credit Card Interest Rates
An administrator working for the Federal Trade Commission today began mailing refund checks to more than 4,800 consumers allegedly defrauded by National Card Monitor, LLC, a telemarketing operation that promised to substantially lower consumers’ credit card interest rates for an advance fee.

In July 2013, National settled an FTC complaint, agreeing to provide the FTC with lists of consumer victims and to have their assets frozen by the court. Based on the money recovered, a refund check for $25.13 will be mailed to defrauded consumers. The checks must be cashed within 60 days of when they are issued.

HEDGE FUND MANAGER CHARGED FOR DEFRAUDING INVESTORS

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 
SEC Charges Hedge Fund Manager for Defrauding Investors

On April 4, 2014, the Securities and Exchange Commission filed suit in United States District Court in Dallas, Texas, alleging that, from October 2009 to June 2012, Matthew D. Sample of San Diego, California raised almost $1 million from five investors based on representations that he would use their money to trade on the investors’ behalf. Instead, the Commission alleges that he fraudulently diverted approximately one-third of the money for his personal use and to make payments to other investors.

The Commission's complaint alleges that Sample raised the money from investors based in New Mexico and elsewhere through his hedge fund, The Lobo Volatility Fund, LLC. Sample told investors he would take a monthly management fee of 1/12 of 1% of Lobo’s net asset value, 20% of trading profits and only limited expenses. But almost immediately after receiving investor funds, Sample diverted significant sums to his personal accounts, credit card payments, retail purchases, meals, and entertainment. The complaint further alleges that when Sample’s trading strategy failed, resulting in the loss of all remaining investor funds, he provided investors with false documents making it look like his trading had been successful. He also used at least $50,000 from a new investor to make a partial payment to an investing couple who had demanded a refund.

The Commission charges Sample with violating Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and Sections 206(1), (2) and (4) of the Investment Advisers Act of 1940. Without admitting or denying the allegations in the complaint, Sample has consented to permanent injunctions against violations of these provisions and from directly or indirectly soliciting or accepting funds from any person or entity for any unregistered offering of securities. The Commission has asked the district court to order Sample to pay disgorgement of ill-gotten gains with prejudgment interest and to impose civil penalties.

This matter was investigated by Ty Martinez, under the supervision of Jonathan P. Scott, both of the Fort Worth Regional Office. Bret Helmer will lead the litigation.

COURT SHUTS DOWN TAX PREPARER ACCUSED OF OVERSTATING REFUNDS THROUGH FICTITIOUS REPORTING

FROM:  U.S. JUSTICE DEPARTMENT  
Friday, March 21, 2014
Federal Court Shuts Down Florida Tax Return Preparer

Return Preparer in Plantation, Fla., Allegedly Overstated Refunds Through Fictitious or Inflated Income, Filing Statuses, Exemptions and Tax Credits
A federal court in Fort Lauderdale, Fla., permanently barred Keisha Stewart, a tax preparer in Plantation, Fla., from preparing federal tax returns for others, the Justice Department announced today.  Stewart agreed to the civil injunction order, and a stipulated final judgment of permanent injunction was entered against her by the court on March 20, 2014.

The complaint alleged that Stewart prepared federal income tax returns for customers that inflated income or included fictitious income to qualify her customers to receive or to maximize the earned income tax credit; claimed false tax credits that are refundable or decrease the amount of tax on her customers' returns, including phony education credits (American Opportunity Credit) and residential energy credits; falsely claimed head of household status on behalf of customers who did not qualify in order to improperly decrease their reported tax liabilities; and claimed false dependents on behalf of customers and also claimed the child and additional child tax credits on their behalf.
         
Return preparer fraud is one of the IRS'   Dirty Dozen Tax Scams for 2013 .

FOUR PLEAD GUILTY TO RIGGING BIDS AT PUBLIC FORECLOSURE AUCTIONS

FROM: U.S. DEPARTMART OF JUSTICE

FOUR NORTHERN CALIFORNIA REAL ESTATE INVESTORS AGREE TO PLEAD GUILTY TO BID RIGGING AT PUBLIC FORECLOSURE AUCTIONS

Investigations Have Yielded 35 Plea Agreements to Date

WASHINGTON — Four Northern California real estate investors have agreed to plead guilty for their role in conspiracies to rig bids and commit mail fraud at public real estate foreclosure auctions in Northern California, the Department of Justice announced.


Felony charges were filed today in the U.S. District Court for the Northern District of California in Oakland against Wesley Barta of Oakland, Irma Galvez of Pacheco, Calif., Stan Kahan of Berkeley, Calif., and Joseph Vesce of San Francisco.

To date, as a result of the department’s ongoing antitrust investigations into bid rigging and fraud at public real estate foreclosure auctions in Northern California, 35 individuals, including Barta, Galvez, Kahan and Vesce, have agreed to plead or have pleaded guilty.

"These conspirators manipulated and suppressed the competitive process through their fraudulent and collusive conduct to the detriment of lenders and distressed homeowners," said Bill Baer, Assistant Attorney General in charge of the Department of Justice’s Antitrust Division. "The Antitrust Division will continue to pursue those responsible for these illegal activities."

According to court documents, for various lengths of time between June 2008 and January 2011, Barta and Vesce conspired with others not to bid against one another, but instead designated a winning bidder to obtain selected properties at public real estate foreclosure auctions in Contra Costa County, Calif. Barta and Vesce were also charged with a conspiracy to use the mail to carry out a scheme to fraudulently acquire title to selected Contra Costa County properties sold at public auctions, to make and receive payoffs and to divert money to co-conspirators that would have gone to mortgage holders and others by holding second, private auctions open only to members of the conspiracy. The department said that the selected properties were then awarded to the conspirators who submitted the highest bids in the second, private auctions. The private auctions often took place at or near the courthouse steps where the public auctions were held.

The same charges were brought against Galvez and Kahan for their involvement in similar conduct in Alameda County, Calif., from November 2008 through May 2010.

The department said that the primary purpose of the conspiracies was to suppress and restrain competition and to conceal payoffs in order to obtain selected real estate offered at Alameda and Contra Costa County public foreclosure auctions at non-competitive prices. When real estate properties are sold at these auctions, the proceeds are used to pay off the mortgage and other debt attached to the property, with remaining proceeds, if any, paid to the homeowner. According to court documents, these conspirators paid and received money that otherwise would have gone to pay off the mortgage and other holders of debt secured by the properties, and, in some cases, the defaulting homeowner.

"The continued success of our investigation into the bid rigging conspiracies at Northern California public foreclosure auctions is evident in today’s four guilty pleas," said David J. Johnson, FBI Special Agent in Charge of the San Francisco Field Office. "The FBI will remain focused with the Antitrust Division in holding those accountable for such illegal acts."

A violation of the Sherman Act carries a maximum penalty of 10 years in prison and a $1 million fine for individuals. The maximum fine for a Sherman Act charge may be increased to twice the gain derived from the crime or twice the loss suffered by the victim if either amount is greater than $1 million. A count of conspiracy to commit mail fraud carries a maximum sentence of 30 years in prison and a $1 million fine. The government can also seek to forfeit the proceeds earned from participating in the conspiracy to commit mail fraud.

Today’s charges are the latest filed by the department in its ongoing investigation into bid rigging and fraud at public real estate foreclosure auctions in San Francisco, San Mateo, Contra Costa, and Alameda counties, Calif. These investigations are being conducted by the Antitrust Division’s San Francisco Office and the FBI’s San Francisco Office.

Today's charges were brought in connection with the President's Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys' offices and state and local partners, it's the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants.

TWO MEN AND A COMPANY TO PAY OVER $2.7 MILLION IN SANCTIONS FOR FRAUD

FROM: U.S. COMMODITY FUTURES TRADING COMMISSION

Federal Court Orders Utah Residents Christopher D. Hales, Eric A. Richardson and their Company Bentley Equities, LLC to Pay More Than $2.7 Million in Sanctions for Fraud

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) announced today that it obtained federal court orders for more than $2.7 million in disgorgement and civil monetary penalties against Bentley Equities, LLC (Bentley), a Delaware corporation, and its principals, Christopher D. Hales (Hales) and Eric A. Richardson (Richardson), resolving the CFTC’s May 2, 2012 Complaint charging them with fraud. Hales is currently an inmate at the Federal Correctional Institution in Safford, Arizona, and Richardson is currently an inmate at the Florence Federal Correction Complex in Florence, Colorado.

On May 31, 2013, the Honorable Dee Benson of the United States District Court for the District of Utah, Central Division, entered a Consent Order for Permanent Injunction against Richardson requiring him to pay $100,000 in disgorgement and a $150,000 civil monetary penalty. That Order also permanently bans Richardson from engaging in any commodity-related activity, including trading and registering with the CFTC, and prohibits him from violating the anti-fraud provisions of the Commodity Exchange Act, as charged. On May 14, 2013, Judge Benson also entered an Order for Default Judgment and Permanent Injunction against Hales and Bentley that requires Hales to pay $382,080 in disgorgement and $1,146,240 in civil monetary penalties and Bentley to pay an $840,000 civil monetary penalty. That Order also permanently bans Hales and Bentley from engaging in any commodity-related activity, including trading and registering with the CFTC, and prohibits them from violating the anti-fraud provisions of the Commodity Exchange Act, as charged.

The CFTC’s 2012 enforcement action against Hales, Richardson and Bentley charged them with fraudulently soliciting and accepting more than $1.1 million from approximately 39 customers for the purpose of trading commodity futures. It also alleged that they misappropriated approximately $658,452 of customer funds for personal expenses including auto expenses, utility bills and credit card payments and to make payments to existing customers in the manner of a Ponzi scheme. The Complaint further alleged that Hales, Richardson and Bentley misrepresented to customers that their trading was profitable, when in reality, they lost more than $482,000 trading commodity futures and that Hales and Bentley issued false statements to certain customers.

In related criminal prosecutions, Hales was sentenced to more than seven years imprisonment and ordered to pay $12,719,236 in criminal restitution in connection with a judgment entered against him in United States v. Christopher D. Hales, No. 2:10-CR-183-TS-SA-1 (C. D. UT, Sept. 2, 2010) and Richardson was sentenced to a year and a day imprisonment and ordered to pay $110,000 in criminal restitution in connection with a judgment entered against him in United States v. Eric A. Richardson, No. 2:12-CR-00354 (C.D. UT, June 27, 2012).

The CFTC appreciates the assistance of the U.S. Attorney’s Office for the District of Utah, the U.S. Department of Housing and Urban Development—Office of Inspector General, the U.S. Postal Inspection Service and the FBI.

The following CFTC Division of Enforcement staff is responsible for this case: Brigitte Weyls, Joseph Patrick, Susan Gradman, Scott Williamson, Rosemary Hollinger and Richard Wagner.

MAN CHARGED WITH ODOMETER TAMPERING

FROM: U.S. JUSTICE DEPARTMENT,
Friday, April 12, 2013
North Carolina Man Charged in Odometer Tampering Scheme

In an information made public today, the United States charged Francis Marimo, of Raleigh, N.C., with two counts of odometer tampering.

The information, filed in U.S. District Court for the Eastern District of North Carolina on April 10, 2013, alleges that from 2008 through 2012, Marimo fraudulently caused odometers in used motor vehicles to be altered to reflect false, low mileages. According to the Information, Marimo purchased used vehicles primarily through online advertisements, replaced the existing odometers with odometers showing lower mileages, and then sold the vehicles to consumers while representing the low mileages as accurate. One of the vehicles described in the Information was "rolled back" more than 100,000 miles.

"Consumers rely on mileage readings to determine the value and safety of used vehicles," said Stuart F. Delery, Acting Assistant Attorney General for the Civil Division. "Victims of odometer fraud lose thousands of dollars on what can turn out to be unreliable and potentially dangerous vehicles. We will continue to prosecute these schemes wherever we find them."

The North Carolina Division of Motor Vehicles and the National Highway Traffic Safety Administration Office of Odometer Fraud Investigation investigated this case. The case is being prosecuted by the Justice Department’s Consumer Protection Branch.

The charges in the information are only allegations, and the defendant is presumed innocent unless and until proven guilty.

FORMER COO AND BROTHER-IN-LAW CHARGED IN MILLION DOLLAR FRAUD SCHEME

FROM: U.S. DEPARTMENT OF JUSTICE

Former COO of Louisiana Construction Management Company and Brother-In-Law Charged in Fraud Scheme

Former COO Sentenced Yesterday to 60 Months in Prison for Role in Related Scheme

WASHINGTON – Mark J. Titus, former Chief Operations Officer of Garner Services Ltd. (GSL), and his brother-in-law Dominick Fazzio, have been charged in a second superseding indictment returned today by a federal grand jury in New Orleans for defrauding GSL of over $1 million, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.

The 32-count indictment returned today in U.S. District Court in New Orleans charges Titus and Fazzio with conspiracy, mail fraud, wire fraud, money laundering and tax charges for participating in the fraud scheme. Fazzio has also been charged with a separate tax fraud scheme.

According to the second superseding indictment, between approximately May 2008 and approximately May 2011, Titus and Fazzio defrauded GSL, a construction management company based in Pascagoula, Miss., by creating and submitting fraudulent invoices for services never rendered on construction projects managed by GSL, causing payments to be made from GSL to two companies owned by Fazzio. The two defendants then allegedly laundered the money by engaging in a series of financial transactions for the purpose of concealing the illegal nature of the payments. According to the second superseding indictment, Titus and Fazzio also submitted false tax returns by improperly deducting the disbursement of their fraudulently obtained money as legitimate business activity and failing to report the money received from the fraud scheme as taxable income.

In addition, Fazzio is charged in connection with a tax fraud scheme perpetrated with Hendrikus Ton, the owner of Abe’s Boat Rentals in Belle Chase, La., and two other companies that provide services to offshore oil production facilities. Fazzio and Ton allegedly conspired to under-report income paid to employees of Ton’s by transferring taxable income from Abe's Boat Rentals to a dormant company, improperly deducting that money as legitimate business activity and using that money to pay employees of Abe’s Boat Rentals in order to conceal the actual amount of income paid to the employees, thereby reducing the tax liability of Ton’s companies by over $3.5 million. According to the second superseding indictment, Fazzio prepared the tax returns for Ton’s companies and willfully omitted wages paid out of the dormant company.

In October 2011, Titus pleaded guilty to one count of conspiracy to commit mail fraud, arising from his role in a fraud scheme allegedly related to the scheme set forth in the second superseding indictment returned today. Last month, Titus moved to withdraw his October 2011 guilty plea, but the request was denied yesterday by U.S. District Judge Ivan Lemelle in the Eastern District of Louisiana, and sentencing proceeded yesterday as scheduled. U.S. District Judge Lemelle sentenced Titus yesterday to 60 months in prison on his guilty plea. Judge Lemelle also sentenced Titus to pay a $100,000 fine and ordered Titus to pay $925,320 in restitution to GSL.

An indictment is merely a charge and is not evidence of guilt. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

The case is being prosecuted by Deputy Chief Peter Koski and Trial Attorneys Brian Lichter and Menaka Kalaskar of the Criminal Division’s Public Integrity Section, as well as Assistant U.S. Attorney Gregory Kennedy of the Eastern District of Louisiana. The case is being investigated by the FBI and the New Orleans Office of the Internal Revenue Service-Criminal Investigation Division

CFTC CHARGES CALIFORNIA RESIDENT WITH RUNNING A COMMODITY POOL FRAUD SCHEME

FROM:  U.S. COMMODITY FUTURES TRADING COMMISSION

CFTC Charges Californian Jeffrey Gustaveson with Fraud, Misappropriation, and Issuing False Statements in Commodity Pool Scheme

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today announced the filing of a complaint in the U.S. District Court for the Northern District of California, charging defendant Jeffrey Gustaveson of Carlsbad, Calif., with fraud, misappropriation, and issuing false statements in an approximate $2.5 million commodity pool scheme.

According to the CFTC complaint, filed on August 29, 2012, from at least January 2010 through approximately July 2010, Gustaveson accepted at least $2,495,000 million from at least four individuals to invest in a commodity futures pool. However, rather than trade pool participants’ funds as promised, Gustaveson allegedly only used approximately $400,000 of the funds to trade commodity futures, which resulted in a net loss. Gustaveson kept the remaining funds in a checking account from which he used at least $400,000 of pool funds to pay his personal expenses, including hotels, restaurants, and online gambling, according to the complaint.

Furthermore, to conceal his fraud, Gustaveson allegedly distributed false trading account statements to pool participants that misrepresented the value of the pool, reported false profits, and failed to disclose Gustaveson’s misappropriation of pool participants’ funds. When his fraud was exposed, Gustaveson allegedly repaid a portion of pool participants’ funds, but, despite repeated requests to do so, Gustaveson allegedly has not returned $415,000 of pool participants’ money. According to the CFTC complaint, Gustaveson admitted in a California state court proceeding that he had misappropriated investor money and falsified financial statements in connection with the acts described in the CFTC complaint.

In its continuing litigation, the CFTC seeks restitution to defrauded customers, a return of ill-gotten gains, civil monetary penalties, trading and registration bans, and permanent injunctions against further violations of federal commodities laws, as charged.

CFTC Division of Enforcement staff members responsible for this case are Lindsey Evans, Mary Beth Spear, Diane Romaniuk, Ava M. Gould, Scott R. Williamson, Rosemary Hollinger, and Richard B. Wagner.