California Investment Fraud Masterminds Guidi and Armitage Arrested

Investors in Sonoma County are relieved at the arrest of Gary Armitage and Jeff Guidi for securities fraud.

The two were recently arrested and have been charged with multiple counts of securities fraud and residential burglary. The residential burglary charges relate to the fact that the two entered people's homes while selling their schemes. Armitage and Guidi ran AGA Financial, an investment company in Santa Rosa. Their Ponzi scheme swindled an estimated $200 million from thousands of people before it fell apart. The duo's business partner, James Koenig, was also arrested on similar charges. If they are convicted, the three could each spend 100 years in prison.

Ponzi SchemeAccording to Attorney General Jerry Brown, the three used investor money to bankroll their lavish lifestyle, including luxury residences, expensive cars, and a Lear jet. Most of the investors were retirees who Armitage and Guidi coaxed into investing their life savings.

According to the AG's office, the three men established a network of 55 businesses to keep their Ponzi scheme going. In 1997, the three began selling real estate projects, promising investors they were secure low risk investments with returns of 12 percent or more. Investment planning seminars were held across the state,and investors handed over sums ranging from between $50,000 and $1 million. Some people actually invested their entire savings accounts funds and retirement portfolios.

In 2001, the three redirected investor funds into purchasing more than 20 senior care facilities. Each of them were sold to one of the affiliate companies, which would then sell shares in the property at a high price to new investors. Another affiliate company in the network would manage the property to increase revenues. Any revenues were used to pay interest to investors and keep the scheme afloat. The scheme began to unravel when the defendants could not keep up with interest payments to investors. That did not stop Armitage and Koenig from seeking investors, however. They continued to attract new investors using new investment funds to pay off earlier investors who were beginning to get worried.

With frauds tumbling out of the closet at an alarming rate, it looks like securities attorneys will be busy for a while to come.

 

 

 

Democratic Fundraiser Pleads Guilty to Investment Fraud Charges

A former fundraiser for the Democratic Party pled guilty to running an investment fraud scheme. Norman Hsu operated a Ponzi scheme in which he used new investor money to make payments to older investors.

Hsu has been charged with falsely representing to investors that their investments were being used to extend short term loans to companies. He operated the fraud between 1997 and 2007, and lured investors to part with at least $60 million in all. He pled guilty to five counts each of mail fraud and wire fraud. In his own words he knew what he was doing “was illegal”.

Illegal Political DonationsAccording to authorities, the investment fraud affected investors across the country. Next week, Hsu faces another trial for campaign finance fraud. According to prosecutors, his contributions to politicians allowed him access into influential political circles, and he used these connections to impress potential investors. At least one of his fraud victims is due to testify that Hsu played a voice mail message by a political candidate to impress her into investing with him. Hsu is facing charges that he had “straw donors“ contribute to federal candidates. These donors were then reimbursed.

Straw Donations

Making "straw donations" or fake donations by people who do not exist is a violation of federal law. Hillary Clinton’s run for the White House last year was mired in allegations that the campaign was heavily funded by straw donors, several of who made a living as cooks and dishwashers, but were apparently able to cough up $1,000 donations. The straw donors in that case either had bogus addresses or, considering their profession, were unlikely to have donated those amounts. The campaign finance charges Hsu faces allege that he reimbursed straw donors who contributed $25,000 a year to political campaigns.

Investment Fraud Prevention

While that trial is yet to begin, it is not surprising that Hsu made use of his political connections to lure investors. Like the Alabama pastor we recently reported on, Stanford COO Jim Davis who founded a church, and Shawn Merriman who was not averse to soliciting investments from members of the Church of Jesus Christ and Latter Day Saints, fraudsters frequently use respectability and religion to bolster investor confidence. That is not to say that you should look at every investment planner who wears a nice suit and goes to church with suspicious eyes, but you must keep these investment fraud prevention tips in mind. Research, monitor, and exercise caution throughout the investment process. Security attorneys will tell you it is highly likely there are many more investment frauds still going on and investors must be vigilant.

 

 

 

Texas Businessman Ordered to pay $71 Million to Ponzi Scheme Victims

The U.S. District Court for the Eastern District of Texas ordered businessman George Hudgins to pay $71 million to victims of his Ponzi scheme investment fraud.

The business man was ordered to pay $15 million in civil penalties and was bared from the commodity industry.  From June 2001 to May 2008, Hudgins solicited people to invest about $88 million in a commodity pool that was purported to engage in commodity futures training. Investors were lured through group presentations, newsletters, and personal meetings from December 2003.

From the time the commodity pool was set up until April 30, 2008, the pool netted total losses of more than $8 million. The pool made a net loss each year, but Hudgins told investors the company, between 2000 and 2007, made net annual profits from 22.5 to 95 percent.

Ponzi Scheme - Assets SeizedTo placate investors, Hudgins sent them false account statements, reflecting profits. He reportedly paid older investors approximately $17 million from money solicited from newer investors in his scheme. According to court records, the remainder of the money was used for lavish personal expenses, including an antique sports car collection, jewelry, and an airplane.

In May 2008, a judge, on the request of the Commodity Futures Training Commission, froze all Hudgins’ assets and anxious investors began to consult securities attorneys.  A court-appointed receiver was able to recover approximately $24 million through the sale of assets and return of false profits that some investors had received. In March, the funds were distributed to some of the investors.

In September 2008, Hudgins pled guilty to wire fraud, money laundering, and was sentenced to 120 months in federal prison. Hudgins’ Ponzi scheme was one of the first in a series that has rocked the financial world. Since then, Ponzi schemes have continued to turn up at an alarming rate. In 2009 alone, the Securities and Exchange Commission (SEC) has brought enforcement action in at least 24 such schemes.

 

 

 

Georgia Lawyer Pleads Guilty to Ponzi Investment Fraud

An attorney in Marietta, Georgia was allegedly soliciting more than just elder abuse cases – he has been charged with luring investors and operating a Ponzi scheme worth $40 million.

Last week, Robert P. Copeland pled guilty to a single count of wire fraud. Copeland solicited investments through elder law and estate planning seminars arranged by his law firm. He recruited unsuspecting elderly clients from Georgia, Florida, Missouri, Texas, and South Carolina. He worked with six investment planners who were paid commissions for referring victims to him.

Georgia Ponzi SchemeAccording to investigators, Copeland began soliciting investors about 10 years after he began practicing as an attorney. He promised investors that their funds would be used as short term loans for real estate investment. He told them that when he was able to sell the properties, he would be able to pay them returns as high as 15 to 18 percent. Copeland operated a firm called Advance Asset Strategies, assuring investors in his brochure that ”your loan is secured by the actual property that the real estate investor purchases”. 

It helped Copeland that he was a reputed, licensed attorney who regularly spoke at seminars and had co-authored a book on estate planning. He combined investors’ funds with money that flowed in from his law practice. Very little of this money actually found its way into real estate developments, and there were, therefore, no profits from the project. In the classic workings of a Ponzi investment fraud, Copeland began to recruit new investors furiously, using their money to pay off earlier investors.

Copeland's sentencing is set for July 10th. The Securities and Exchange Commission has ordered Copeland to repay stolen investor money. From senior citizens to Madoff’s duped charities, it seems no one was too weak or vulnerable for these Ponzi scheme fraudsters to prey on.

Recession Has Ponzi Schemes Crawling out of Wood work

From Colorado, where Shawn Merriman defrauded investors of $20 million and channeled the money into a collection of hundreds of art masterpieces, to Hawaii, where a promoter siphoned funds solicited from the Deaf at community centers, to the big daddy of them all, Bernard Madoff; Ponzi schemes are rearing their ugly heads left and right.

We have the recession to thank for the manner in which the words "Ponzi scheme" have become a part of main stream American culture in recent months. In December of 2009, the U.S. Securities and Exchange Commission (SEC) was bringing in an average of three Ponzi schemes a month. We are just four months into 2009 and that figure has leaped to more than 24. With each new Ponzi scheme that comes to light, it becomes more clear that we have yet to see the end of the fraudulent schemes.

Securities AttorneyIn most cases, Ponzi fraudsters use investor money partly to fund their lavish lifestyles, while the rest is used to pay off early investors and keep the scheme afloat. The recklessness with which fraudsters squander investor money is a common feature of many of the Ponzi schemes that have been exposed. 

Texas financial promoter Ray White has been accused of running a Ponzi scheme worth $10.9 million, some of which was diverted into boosting the auto racing career of his son. Shawn Merriman seems to have used his investment funds to undertake hunting safaris in Africa, filling his home with stuffed animal heads. Everything seemed to have been going well for many of these people until the credit crunch came about and funds stopped flowing in as freely as before. Anxious investors began to worry about the high returns they had been promised, which typically lead to the scheme's reveal.

Since January 1st, the SEC has filed more than two dozen emergency enforcement actions in order to stop Ponzi scams. Securities attorneys have been flooded with calls from worried investors. Last week alone, new action was taken against alleged frauds in Hawaii, California, and Montana.

Avoid Ponzi Schemes

Ponzi schemes tend to work perfectly until funds begin to dry up, which is why the worst recession in decades has led to the discovery of so many of these cases. The internet seems to have provided a good home for these fraudsters. Last week, the Council of Better Business Bureaus warned that several scams are beginning to move online and are targeting people with financial woes.

If you or a loved one has lost funds due to a Ponzi scheme or other fraudulent act a securities attorney can help you recover lost investments. For a free evaluation of your case and to find answers to your questions, contact a securities attorney at Arnold & Itkin LLP.

 

 

 

California Ponzi Inventment Fraud Targets Hispanics

In what has been called a Ponzi scheme with a twist, a California investment firm operated a $23 million fraud, specifically targeted at Latino investors.

The U.S. Securities and Exchange Commission (SEC) filed a lawsuit against the El Segundo-based investment firm, Maximum Return Investments Inc., accusing the owner Clelia A. Flores of operating a Ponzi scheme. Flores solicited investments from 150 investors in New York, Georgia, California, Texas, Utah, Illinois, and Nevada between 2006 and 2008.  She promised investors she would invest the money in banking, real estate, and oil exploration; and offered returns of up to 25%. Instead, Flores simply took money from new investors and paid interest to older investors.

Ponzi Scheme LawyerAccording to the SEC lawsuit, as much as $3.5 million was spent on lavish personal expenses, including a down payment on a $1.9 million home. She also threw a grand party to celebrate the company’s "success" at the Ritz Carlton in Marina Del Ray, which unsuspecting investors paid for.  Of the $23 million, approximately $13 million was spent making interest payments to investors while more than $5 million was lost in speculative investments. There is no information yet on whether there is a criminal investigation into Flores' actions. The SEC lawsuit is seeking restitution and penalties.

Securities attorneys deal with Ponzi fraud schemes all the time, but this one is slightly unusual because it seems to have been specifically targeted at the Latino community. Flores used old fashioned and effective methods of attracting investors. Not only did she promise high returns, but she also offered a referral fee of 10% to clients who referred other clients to her.

Ponzi Scheme Attorney

A Ponzi scheme investment fraud can only succeed when the numbers of investors are limited and there is a free flow of funds. When the funds dry up or when the number of investors balloons out of control, and the fraudster does not have sufficient funds to pay off anxious investors, the scheme begins to disintegrate. The credit squeeze has unraveled a number of Ponzi schemes from Bernard Madoff's $65 billion Ponzi fraud to smaller frauds like the one Clelia Flores operated.

If you have lost money in a Ponzi scheme the experienced investment fraud attorneys at Arnold & Itkin LLP can help you recover your investments. Contact a securities attorney at Arnold & Itkin LLP to discuss your case.

 

 

 

SEC to Use Private Sector Help to Detect Investor Fraud

Under criticism for its failure to prevent the $65 billion Bernard Madoff investment fraud, among many others, the Securities and Exchange Commission (SEC) is looking at innovative ways to help uncover fraud.

The new chairman of the SEC, Mary Schapiro, said she is looking at new ways of enforcing anti-fraud laws, including the use of private sector agencies. The SEC currently relies on approximately 400 staff members to oversee more than 11,000 investment advisors. While increasing staff strength to cope with these huge demands is in the cards, the regulator concedes that it will also have to ‘’leverage third parties’’, like auditors, to help uncover scams.

Securities Fraud AttorneyThe SEC’s shortcomings were glaringly evident in the way Bernard Madoff managed to operate his Ponzi scheme for years, undetected. Once the extent of the scam came to light, it became clear that the SEC had not bothered to inspect Madoff's investment advisory arm since 2006, when the business was registered with the SEC. While this could be blamed on a shortage of staff and resources at the SEC, there were other failures too. The agency is desperately in need of more skilled personnel and Schapiro has plans to hire new personnel skilled in forensic accounting and other necessary techniques.

Since Schapiro took over the beleaguered agency two months ago, she has been working hard to accelerate the process of bringing cases forward after an investigation and has also spoken about encouraging investment fraud tips through whistleblower incentive laws. These laws could allow the SEC to attract high quality fraud tips that lead to well developed cases.

It is no secret that the SEC has faced a severe credibility crisis in recent years. What is needed is a major overhaul of the agency’s investigating processes; the measures Schapiro has introduced are a promising first step.

Investment Fraud Lawsuits

The number of investment frauds exposed in recent months has caused concerns among investors who feel let down by the SEC’S failure to protect them.  Where government agencies fail to protect investor money from scams, a securities attorney can help recover lost investments. 

If you've suffered losses in an investment fraud, contact a securities attorney at Arnold & Itkin LLP for free consultation.

 

 

 

New York Investment Advisor found Guilty of Operating Ponzi Scheme

A Manhattan investment advisor has been found guilty of operating an $11 million Ponzi scheme. Hayim Regensberg was found guilty of securities and wire fraud charges, and faces up to 20 years in prison.

According to federal prosecutors, Regensberg used his investors' money to run a classic Ponzi scheme - paying off older investors with newer investors' money. Prosecutors were able to prove that Regensberg solicited investments by telling investors their funds would be invested either in foreign initial public offerings that offered returns between 5 and 15 percent, or in trading firms that would give annual returns up to 18 percent. Both investment methods, Regensberg assured investors, were extremely low risk. Investment Fraud AttorneyNeedless to say, the investments went neither into initial public offerings or trading firms. Instead, Regensberg invested in speculative investments, losing large portions of investor money in the process. Large sums of money also found their way into the hands of his relatives.

When suspicious investors demanded to know where their money was Regensberg furnished a forged bank statement showing a bank balance of $9 million in investment funds. The account actually contained the grand sum of $9,000. Overall, investors lost more than $11 million in Regensberg's Ponzi scheme.

Investment Fraud Lawyers

One of an investment advisor's duties is to inform his clients about the risks of investments. Advisors must be aware of the risks of a scheme and must be upfront about them. The investor must be comfortable with the risk factor and all investments must be made using the same methods the advisor describes. Investments must also be appropriate to the objectives of the investor, as well as his financial condition. Failure to do so can make the investment advisor liable for investment fraud.

If you have suffered losses in a Ponzi scheme, an investment fraud lawyer can help you begin the process of recovering your money. Contact a securities attorney at Arnold & Itkin LLP to discuss your options for compensation.

 

 

 

$35 Million in Iowa Retirement Funds Recovered In Walsh and Greenwood Investment Fraud

Some Iowa investors whose retirement savings found its way into the pockets of Paul Greenwood and Stephen Walsh, have reason to cheer – state officials have recovered about $35 million of the retirement funds and are working to recover more from the duo's $1.3 billion investment fraud.

Iowa's Deputy Attorney General informed anxious members of the Iowa Public Employees Retirement System (IPERS) that he expects to find out how much more they can recover by the end of April. The $35 million recovered is merely a fraction of the alleged $550 million the men misappropriated from the retirement fund.  Walsh and Greenwood had a contract with the IPERS to manage their assets through the companies the two men ran, WG Trading Company LP and Westridge Capital Management Inc. The two have since been charged with securities fraud, wire fraud, and conspiracy. The U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission have also filed civil charges against the two men.

Securities AttorneyFor Greenwood and Walsh, the trouble began in February when their firms were subjected to an audit by the National Futures Association. They refused to cooperate and were suspended from the organization. Since then, the two have been the subject of several investment fraud lawsuits. According to the lawsuits filed against them by the SEC and the Commodities Futures Trading Commission, since 1996, the two have managed to misappropriate $554 million from investors and have spent at least $160 million of that on maintaining their lavish lifestyles. Greenwood's share of the spoils seem to have gone to maintain some rather odd obsessions including a collection of teddy bears and stuffed animals and a pony farm. In March, lawyers for Greenwood requested that he be paid nearly $10,000 in maintenance and upkeep expenses every month. His lawyers have since withdrawn that request, asking the judge to direct the receiver to pay whatever is needed to maintain his properties.

Investment Fraud

As investment frauds continue to turn up, it is chilling to see how cold-hearted fraudsters can be. With the same indifference as Walsh and Greenwood, Madoff ran Jewish charities into the ground with the investment fraud he masterminded and Stanford destroyed a non-profit medical initiative that provided free medical treatment in Central America. Walsh and Greenwood thought little of stealing more than $500 million of pensioners' funds, a large part of which are not recoverable due to the recession.

Investors who have lost money in a Ponzi scheme or other investment fraud can seek the help of  a securities attorney to recover their investments.

If you have lost money in an investment fraud, contact a securities attorney at Arnold & Itkin LLP for a free consultation.

 

 

 

Stanford Denies Investment Fraud Charges

In his first response to investment fraud charges brought against him by the U.S. Securities and Exchange Commission (SEC), billionaire Texas financier, Allen Stanford, has denied masterminding the $8 million fraud.

Stanford Financial FraudIt's the first formal statement we’ve heard from the man at the center of the Stanford investment scam. In the response, Stanford denies each of the allegations listed by the SEC. He also announced he will be representing himself in court due to the freezing of his assets by court-appointed receiver Ralph Janvey.

Allen Stanford stands accused of scamming investors out of billions of dollars by conducting a huge Ponzi scheme in which he sold purportedly safe certificates of deposit and promised ultra-high returns. While he has yet to be criminally charged, his chief investment officer, Laura Pendergest-Holt, remains the only person involved in the fraud to have criminal charges filed against her.

Stanford’s predicament – not having money to hire a lawyer – may seem strange, but he is not without company. His situation is similar to that faced by other investment fraudsters like Arthur Nadel. Nadel has also been forced to represent himself due to lack of funds. Bernard Madoff, on the other hand, was able to hire a lawyer using funds believed to be unrelated to the infamous Madoff investment fraud. In 1989, the Supreme Court ruled that a person's right to counsel was not violated if his assets were seized, depriving him of the ability to hire a lawyer. Experts believe that with no money and no lawyer, Stanford will be less likely to avoid indictment. He will probably find that conceiving and masterminding the $8 billion Stanford financial fraud was far easier than figuring out how to free himself from the tangled web he's woven.  

Stanford Investment Fraud Attorneys

Protecting your investments after they have been involved in a securities fraud like the one Stanford operated, can be hard to do on your own. These are complex legal cases that involve thousands of other duped investors and expert attorneys. Being represented by an experienced securities attorney can help you recover lost investments.

If you have lost money in the Stanford Financial Group fraud or any other securities fraud, contact a securities attorney at Arnold & Itkin LLP to discuss your options for compensation.

 

 

 

Receiver in Dreier Investment Fraud Recovers Assets Worth More Than $100 Million

Before the promissory note investment fraud scheme he was operating went bust, lawyer-cum-investment fraudster, Marc Dreier lived a lavish lifestyle that included sailing aboard a 121-foot yacht and camping on luxurious properties. The receiver in charge of locating his assets recently recovered more than $100 million in assets.

In his report to the U.S. District Court, the receiver in charge of Dreier's assets, Mark Pomerantz, said he recovered artwork including photographs, sculptures, and paintings worth $39 million, and an ultra luxurious yacht, one of just ten of its kind in the world, worth $18.5 million, as well as properties in the Hamptons and Manhattan.

Dreier Investment FraudDrier's scheme involved the selling of at least 85 fake promissory notes that were said to pay an interest of 11.5 percent. He is charged with selling fake promissory notes to three separate investors and 13 hedge funds between 2004 and 2008. Most of the money went to fund Dreier's extravagant lifestyle, while some went to fund his law firm operations and pay returns to early investors, in a classic Ponzi scheme.

By the time Dreier was charged, he was broke and was using money he obtained by selling more fake promissory notes. He did this, not only to maintain his lifestyle, but also to pay sundry bills. He was arrested in Canada in December while in the process of impersonating a pension fund attorney in an attempt to sell a fake note. He was indicted for securities fraud, money laundering, and conspiracy; and faces a civil lawsuit by the U.S. Securities and Exchange Commission.

Meanwhile, another hedge fund company that purchased these now-worthless promissory notes from Dreier, has announced its losses. New York-based Fortress Investment Group LLC has announced that it lost $125.7 million in Dreier's fraud.  Other hedge fund managers who filed claims in recent days for their losses include Concordia Advisors LLC, Eton Park Capital Management LLP, Novator, and Perella Weinberg Partners.

Why You need an Investment Fraud Lawyer

For unsuspecting investors who have very little information about how hedge fund managers invest their money, the realization that their investments are worthless can be a traumatic experience. A securities attorney can help answer any questions you have and explore all of your options for recovery.

If you have lost money in the Marc Dreier promissory note investment fraud, contact a securities attorney at Arnold & Itkin LLP to discuss your case.

 

 
 

Madoff's Accountant Arrested and Charged

Bernard Madoff is no longer the lone ranger in the world's biggest Ponzi scheme, his accountant, David Friehling, was arrested March 17th for his part in the notorious $65 billion investment fraud. The accountant repeatedly signed off on Madoff's bogus financial reports, helping the fraudster continue his scheme.

Madoff's Accountant ArrestedFriehling was not charged for knowledge of the investment fraud, but for fallaciously certifying that he audited Madoff's financial statements. According to Acting U.S. Attorney Lev Dassin, "Mr. Friehling's deception helped foster the illusion that Mr. Madoff legitimately invested his clients' money."

Friehling turned himself in to authorities and was charged with aiding and abetting, investment advisor fraud, and four counts of filing false statements with the U.S. Securities and Exchange Commission. The 49-year-old could face 105 years in prison for his actions.

Friehling was paid anywhere from $12,000 to $14,500 per month between 2004 and 2007, by Madoff's firm. Also, Friehling and his wife invested with Madoff and had an account of more than $500,000.

Investment Fraud Attorney

Recovering lost investments in a massive scheme like Madoff's can be extremely difficult. Our team of securities attorneys has the skill and experience needed to recover your funds.

If you have lost money in the Madoff investment fraud, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

Government Takes Steps to Seize Madoff's Assets

Government officials plan to seize Bernard Madoff's assets. Gradually, prosecutors are identifying Madoff's many assets and filing that they intend to seize them. Madoff, the perpetrator behind the world's largest Ponzi scheme, admitted March 12th to the $65 billion scheme and is now behind bars, awaiting sentencing on June 16th.

According to the Houston Chronicle, Nearly $100 million in assets owned by Madoff and his wife Ruth have been identified and are subject to seizure in the near future. The $100 million includes: real estate, cash, bonds, automobiles and boats. Also up for seizure is the Madoffs' $7 million Manhattan apartment and their homes in New York, Florida and France.

Madoff Investment FraudProsecutors also plan to seize assets in Ruth Madoff's name including: $17 million cash and $45 million in bonds. The Madoffs' lawyers insist Ruth is the sole owner of the cash, bonds and Manhattan apartment and that they are not related to her husbands $65 billion Ponzi scheme. In addition, loans given to the Madoffs' sons, Mark and Andrew, adding up to nearly $32 million are on the list of assets to be seized.

Prosecutors have yet to actually file a seizure request. They have filed a "notice of intent" to seize the assets, warning the Madoffs, their team of attorneys and Judge Denny Chin of the upcoming request.

On December 31, 2008 the Madoffs claimed they were worth $826 million, $700 million of which was Bernie's ownership in Bernard L. Madoff Investment Securities. Recently, however, outside evaluators value the company at only $10 million.

Investment Fraud

Our team of securities attorneys has the expertise and experience necessary to take on crooks like Bernie Madoff and have helped many families recover from the financial burden brought on by such schemers.

If you or a loved one has lost investments in the Madoff Investment Fraud or any other investment scam, contact a securities attorney at Arnold & Itkin LLP for a free consultation of your case.

Madoff Pleads Guilty to Ponzi Scheme

Bernard Madoff, the man who swindled thousands out of $65 billion, plead guilty to 11 criminal charges on March 12th and was sent to jail. Others are being investigated, but no charges have been filed.

Thursday morning, Bernie Madoff appeared in front of U.S. District Judge Denny Chin and plead guilty to his $65 billion Ponzi scheme. As victims looked on from the gallery, he apologized for his wrongdoing explaining "as years went by, [he] realized [his] arrest and this day would inevitably come." One by one, Madoff plead guilty to 11 criminal charges:

  • Securities Fraud
  • Investment Advisor Fraud
  • Mail Fraud
  • Wire Fraud
  • International Money Laundering to Promote Specified Unlawful Activity
  • International Money Laundering to Conceal and Disguise the Proceeds of Specified Unlawful Activity
  • Money Laundering
  • False Statements
  • Perjury
  • Making a False Filing with the SEC
  • Theft from an Employee Benefit Plan

The 70-year-old faces 150 years in prison for the charges.

In his apology, he maintained that his brother and sons had no role in the scheme and explained that he began getting results for his clients "at any cost" in the early 90's, during poor economic times. After months of investigation, however, SEC officials believe he began the scheme in the 80's.

Madoff Ponzi SchemeEarlier in the week Madoff refused to agree to a plea deal with prosecutors and admit to conspiracy, implicating others. Because of his refusal investigators will have no help in identifying others involved in the scheme. According to Dr. Michael Welner, forensic psychiatrist, "the old man falls on his sword" attempting to take the blame for all and save the others involved in the fraud.

Madoff's attorney asked that he be put back on house arrest, but Judge Chin sent him straight to jail saying "he has the incentive to flee" and "the means to flee." SEC officials have located an estimated $950 million of Madoff's assets and continue to search for other funds they are sure he has hidden.

Prosecutors want Madoff to pay $170 billion in restitution to satisfy the 5,000 clients and 13,567 accounts he defrauded.

Ponzi Scheme Attorneys

Getting through the tough financial road that follows after being duped by an investment fraudster can be extremely difficult. Our team of securities attorneys has helped many people get back on their feet in the wake of an investment fraud emotionally and financially.

If you have lost money due to Bernie Madoff's Ponzi scheme or any other investment fraud, contact a securities attorney at Arnold & Itkin LLP for a free evaluation of your case.

Antigua Wants Stanford's Island Back

Allen Stanford, accused of running an $8 billion Ponzi scheme, leads an extravagant lifestyle with private jets, multiple homes, billions of dollars and, recently discovered, an Antiguan island. Antigua and Barbuda's government is taking steps to seize the island to help their financial situation in the wake of Stanford's thievery.

Guiana Island

Stanford Investment FraudGuiana Island is Antigua's largest island measuring 2.5 miles across and .5 miles wide. With extensive mangroves, coral reefs and wildlife it is one of Antigua's ecological treasures. It is home to Antigua's national animal, the European fallow deer, and the endangered West Indian whistling duck.

In the early 1990's the island was sold to Tan Kay Hock with intentions of developing the land and building resorts, casinos, conference centers, etc. The land was never developed due to the Asian financial crisis in 1998. At some point after that, the land was acquired by a British Virgin Island company. Stanford bought the shares of that company and now controls the land.

Seizing the Island

According to Reuters UK, the Antigua and Barbuda government has already been approved to seize 250 acres of the land and seeks to seize the remainder. Stanford's scandal hit the country and its people hard, financially. He is Antigua and Barbuda's biggest employer after the national government and is its largest investor.

Government officials hope to take control of the island to help alleviate Stanford's fraudulent impact on the local economy. Their three main goals include:

  • stabilizing the Stanford-owned Bank of Antigua
  • keeping 800 Stanford workers employed
  • paying off a "massive outstanding debt to local suppliers"

Overall, Prime Minister Baldwin Spencer and his government are focused on the "well being of the employees and the entire economic situation".

Antigua and Barbuda officials hope to get control of the island without any difficulty from the U.S. Securities and Exchange Commission (SEC) and Ralph Janvey, the man appointed receiver of Stanford's assets. Many of Stanford's victims are American.

Investment Fraud Attorney

Clearly, the Stanford case is a complex one, involving many layers of deception. Recovering investments lost to a fraudster can be difficult and exhausting. An experienced securities attorney can help you take the necessary steps to get your money back.

If you have lost money in the Stanford investment fraud or any other securities fraud, contact a securities attorney at Arnold & Itkin LLP for a free consultation.

Stanford Accused of Ponzi Scheme

Last Friday, the Securities and Exchange Commission (SEC) amended their complaint against Allen Stanford, James Davis, Laura Pendergest-Holt and the three affiliated companies, accusing Stanford and Davis of executing a Ponzi scheme and Pendergest-Holt of "facilitating" the scheme.

According to the Houston Chronicle, SEC officials say the threesome had been executing the Ponzi scheme for at least a decade. While Stanford and Davis misappropriated billions of dollars, Pendergest-Holt convinced naive investors that she and a team of analysts were keeping tabs on their investments.

Stanford Ponzi SchemeAccording to the SEC, on a monthly basis, Stanford and Davis came up with a set return on Stanford International Bank investments and worked backward from there, falsifying financial documents to support their deception.

By February 2009, $1.6 billion of investor money had been misappropriated by Stanford through fake personal loans to himself, which he threw away in "speculative, unprofitable" businesses he controlled.

Ponzi Scheme Attorney

Considering the various illegal activities Stanford was involved in, knowing where to being when involved in an investment fraud can be exhausting. An experienced securities attorney can help you sort through Stanford's mess and recover your lost investments.

If you have lost money in the Stanford Investment fraud or Ponzi scheme, contact a securites attorney at Arnold & Itkin LLP for a free consultation.

Madoff Investment Fraud: Bernie May Have Fictionalized Stock Trades

Investors who lost money in the Bernie Madoff investment fraud were shocked by what they heard at the very first investors' meeting last week – there is evidence to suggest that Madoff bought no securities and made up monthly statements sent to customers.

Ponzi Scheme AttorneyAt least 300 investors with their investment fraud lawyers gathered in Manhattan at a meeting that was meant to calm panic-stricken investors, but ended up doing just the opposite. According to Irving Picard, who was appointed as a trustee by the court and given the responsibility of overseeing the sale of Madoff’s assets in order to pay his victims, there is evidence that the shamed money manager bought no securities for his customers over a period of 13 years, at least. In short, he only used investor money to pay off other investors in a classic Ponzi scheme. Needless to say, this revelation has only added to investors' fears. The meeting was attended by several investors, many of them senior citizens who have been milked off their entire life savings to the tune of millions of dollars each. Several of them have been forced to sell their homes and go back to work in an effort to financially cope with their losses.

There was at least one ray of hope for frazzled Madoff investors. Picard confirmed that he was able to generate funds, amounting to $650 million from Madoff asset sales. He expects to recover $950 million in all to help compensate customers who submit claims before the July 2nd deadline. These claims are in addition to the $500,000 that each investor is eligible for from the Securities Investor Protection Corporation.

For many investors, another concern has raised its head; investors who have received significant returns from their Madoff account over the years may have to return it in what is known as a “clawback.” These investors may find that the returns they enjoyed for so many years are not really theirs, because the accounting statements were bogus and no investments were actually made in their name. Simply put, these investors did not receive “returns”, they only received other investors' money. It is a bitter pill to swallow and thousands of investors will be looking at more painful days in the  months ahead. Nearly 2350 investors have filed claims to recover funds as of now. Across the spectrum of victims, which includes philanthropists, entertainers and retirees, one feeling runs high – they have been let down not only by Madoff, but by the Securities and Exchange Commission which failed to act on whistleblower efforts to bring the ongoing fraud to their attention.

Investment Fraud Attorneys

The process of recovering funds from an investment fraud can be daunting. It takes time, effort and expertise that stressed securities fraud victims don't typically have. Our team of securities attorneys has the expertise and experience it takes to get you the compensation you deserve.

If you have lost money in the Madoff Ponzi scheme, contact an experienced securities attorney at Arnold & Itkin LLP for a free consultation.

Florida Legislators Introducing Bills to Stop Investment Fraud

Concerns over the increasing number of investment fraud schemes being uncovered have spurred Florida’s lawmakers to introduce legislation they hope will protect investors.

Two southwest Florida lawmakers, Representatives Tom Grady and Senator Garrett Richter, have collaborated with Florida attorney general Bill McCollum to introduce a bill known as the Florida’s Securities and Investors Protection Act. The proposals aim at enhancing the attorney general's powers to begin investigating possible fraud sooner. Prosecutors will need less proof to pursue a case, enabling them to easily crack down on any violations that come to their attention. The bill will also provide for stricter registration requirements for investment advisers and brokers.

Investment Fraud AttorneyFlorida has been hit particularly hard in the recent series of investment fraud scandals that have come to light. The victims of Bernie Madoff's scheme included a large number of retirees who invested their funds in the scheme and moved to Florida to live out their golden years. Soon after in January, hedge fund manager Arthur Nadel surrendered in Tampa after leading investigating officers on a cross country chase. Nadel is being sued by federal regulators for inflating investment values in the funds he managed by approximately $300 million.

According to attorney general McCollum, the current system to investigate investment fraud in Florida is in dire need of change. Under the present system, prosecutors cannot interfere in a case until the financial regulation office refers it to them. The new bill allows the attorney general's office to initiate civil investigations.

A lack of attention and poor regulatory practices, both at federal and state levels, has allowed the likes of Madoff, Nadel and more recently, Allen Stanford to continue their fantastical schemes with no fear of getting caught. Their schemes remained under the radar as long as the economy was fine and credit was flowing freely. The credit squeeze has exposed a number of these schemes, audacious Ponzi schemes for the most part.

Investment Fraud Attorney

Pursuing claims in an investment or securities fraud can be a complex affair. Authorities may have access to more than one source for dispensing compensation and the amount of compensation for each investor who lost money can vary. 

A professional investment fraud attorney can help you recover damages from all sources possible. If you have lost money in a fraudulent scheme, contact an investment fraud attorney at Arnold & Itkin LLP for a free evaluation of your claim.

 

 

 

Post Stanford Financial Fraud, SEC Desperately Seeking Whistleblowers

The recent Stanford investment fraud scam, which unveiled an $8 billion securities fraud, has made one very unlikely person the most sought-after at theSecurities Exchange Commission(SEC) –the whistleblower. Whistleblowers, who are typically thought of as selfish snitches, have gained the positive attention of the country's premier financial regulating agency.

A few weeks ago, a fraud investigator testified to a stunned Congressional hearing about the many times he attempted to bring the ongoing Madoff fraud to the attention of SEC officials. Every time, Harry Markopoulos attempted to alert seniors about Madoff's Ponzi scheme, he was thwarted. Among other things, officials at the SEC told him to quit pursuing Madoff's fraud because he "was too big." The agency, Markopoulos testified, is staffed by "financially illiterate" people. Markopoulos also added suggestions for the way the SEC can revamp its regulating procedures so that more investment fraudsters like Bernie Madoff and Allen Stanford can be stopped early on.  These recommendations include staffing the agency with more street smart financial brains and moving the agency to New York or Boston.

Investment Fraud AttorneyAccording to insiders, nearly half of all investment frauds, including Ponzi schemes, are revealed by the tips of whistleblowers. At the SEC, inspector general David Kotz is working to ensure that whistleblowers who have access to information about ongoing investment scams are encouraged to come and share their information with the SEC. The agency is contemplating an incentive structure, so people will be encouraged to come forward with tips and awarded.  At the end of the day, however, all these recommendations could be useless if they are not implemented quickly. Bureaucratic hurdles and simple lack of will could leave the SEC to continue down the path the becoming a paper tiger that appears on the scene only after all damage has been done and billions have been wiped clean.

Stanford Investment Fraud Attorney

Losing hard earned money in an investment fraud, like the one run by the Stanford Financial Group, can be an emotionally draining experience. Investors may struggle not only with concerns of their long term financial security, but also their immediate and short term financial needs. In these difficult times it helps to have the assistance of a securities attorney who can help you understand your financial situation and the complexities involved in the claims process.

If you have lost money in the Stanford Group Investment scam, contact a securities attorney at Arnold & Itkin LLP to get the help and resources you need. 

Deaf Community Becomes Victim of Ponzi Scheme

Another Ponzi scheme, uncovered by the Securities and Exchange Commission (SEC) on Thursday, was preying on the Deaf Community.

Marvin Cooper's company, Billion Coupons, Inc. (BCI), based in Hawaii was targeting members of the Deaf Community both here in the United States and in Japan. The company duped investors, offering impossibly, high returns on their investments in short periods of time.

Investment Fraud AttorneyIn September of 2007 BCI and their CEO, Cooper, began taking advantage of naive investors by giving presentations and seminars at Deaf Community centers and events. The fraudster ultimately collected $4.4 million from 125 investors and, rather than investing the money, bought himself a new home, among other things.

BCI convinced investors that their money would be invested in foreign exchange markets and would earn returns of up to 25 percent. According to the SEC, the company invested only $800,000 in foreign trading and lost more than $750,000 of it.

BCI and Cooper proceeded to pay returns to early investors with new investors' money, which, according to the SEC's Rosalind Tyson, is "reprehensible." The company's assets have been frozen by court order.

Investment Fraud Attorney

Recovering investments lost in an investment fraud can take extensive research and can be very time consuming. Our team of securities attorneys has the experience and expertise it takes to recover lost investments.

If you or a loved one has lost money in a Ponzi scheme, contact an investment fraud attorney at Arnold & Itkin LLP for a free consultation.

Chicago Investment Advisor Accused of Fraud

A prominent investment adviser in Chicago, Illinois has been accused of investment fraud by the Illinois securities department.

Ralph Russell is a well known investment adviser, who, in the past, hosted a radio program doling out financial advice. He has been accused, by the Illinois Secretary of State's Securities Department, of defrauding at least 3 clients of $260,000. According to sources, the fraud was run in the same manner as Bernie Madoff's scheme, in that it is a Ponzi scheme. The scale of the fraud of course is markedly lower than Madoff's audacious $50 billion scam, but the charges Russell faces are similar. Russell, according to reports, sold customers fake shares in investment funds through his RWR Capital Management LLC. He then used new funds coming from clients to pay off early investors. It worked like a classic Ponzi scheme and seems to have run from September 2004 until October 2007. Clients were tricked by false account statements, convincing them that they were indeed making money in Russell's scheme, while in reality, the funds were siphoned off to Russell's account or to pay overdraft fees to the bank. Russell, if found guilty, may be fined and also barred from dealing in securities in the state of Illinois.

Ponzi Scheme Fraud

The term Ponzi scheme in recent days has become much too familiar to the general public. A Ponzi scheme, simply put, is an investment fraud that promises investors incredibly high returns. Investors are promised minimal risk and all too often, are taken in by the promise of high returns at low risk. Investment Fraud AttorneyIt is one of the oldest investment fraud schemes, and its low risk, high yield mantra has helped it become one of the most successful forms of investment fraud. A Ponzi scheme works similarly to a pyramid scheme. Here, the fraudster collects funds from investors, and uses them to pay off previous investors. As long as the number of investors is limited and there is enough money to pay off previous investors, Ponzi scheme fraudsters have little risk of getting caught. However, when funds begin to dry up, older clients cannot be paid as quickly, which is when the scheme begins to crumble. The financial meltdown that went into full gear a few months ago resulted in a credit crunch, which meant that Ponzi scheme fraudsters like Bernie Madoff and Ralph Russell were unable to continue making payments to earlier investors and keep the fraud alive. That is why there have been a large number of Ponzi scams uncovered since the meltdown began. These fraudsters are able to survive well in times of a booming economy, but as soon as the economy falls, their schemes are busted.

Investment Fraud Lawyers

Ponzi scheme investment fraud claims can be hard to pursue because there may be so many parties that can be held liable. An investment fraud attorney can help you pursue claims for your losses.

If you have lost money in an investment fraud, contact an investment fraud lawyer at Arnold & Itkin LLP for a free consultation.

 

 

 

Plaintiffs Argue that Banks May be Liable for Madoff Investment Lawsuit

Investment fraud lawyers representing investors who were burned in Bernard Madoff's alleged $50 billion Ponzi scheme are attempting to hold their banks liable.

At least one lawsuit in Florida is attempting to place liability on Banco Santander. The company heavily invested in Madoff's scheme through its investment management company, Optical Investment Services SA. The Florida lawsuit is a class action against Banco Santander, Optimal Investment and other agencies. The lawsuit claims that Banco Santander indulged in violations of federal security law and committed “gross negligence, negligent misrepresentation and unjust enrichment." The company has offered to settle with clients whose investments in Optimal Strategic U.S. Equity Fund were impacted by Madoff's scheme. The plaintiff's counsel, however, has called the settlement offer “misleading” because customers will be required to release the bank from claims as part of the settlement.Investment Fraud Attorney

Meanwhile, the New York Times reported that the Westport National Bank is under scrutiny because $60 million of its costumers' money the bank had in an account in its own name, with funds flowing into the Madoff scheme, are long gone. The bank's relationship with Madoff was revealed when a Florida couple, who believed they were investing with Westport National, began investigating how much money they had lost to Madoff. The bank has said it only maintains custody accounts for the customers who knew they were investing in Madoff's scheme. Westport has refused to confirm exactly how much of their customers' money made its way to Madoff in his investment fraud scheme, but documents show that approximately $60.7 million of the bank's money was in the Madoff account in November last year. Money from a number of separate custody accounts was pooled into a single account. The role of Robert L. Silverman, a consultant who apparently recommended the scheme to custody account holders, has also come to light. Mr. Silverman apparently received a commission from the fees Westport collected from its clients.

Investment Fraud Lawyer

The Bernard Madoff swindle, like many others that have been exposed in recent months, is complicated and often involves more than a single party being held liable, including hedge fund managers who gambled with their clients' money and banks like Westport that dealt with questionable schemes. Pursuing claims for investment losses requires the expertise of an experienced investment fraud attorney who has experience handling such claims.

If you have lost money in the Madoff scheme, contact an investment fraud attorney at Arnold & Itkin LLP for a free consultation.

 

 

 

Madoff Whistleblower Warned SEC About Investment Fraud

At the beginning of the decade, just as Bernard Madoff was beginning to see his grand Ponzi scheme take off, an investment fraud investigator, alert to the signs of such scams, warned the Securities Exchange Commission (SEC) about the swindle. But as Harry Markopoulos testified at congressional hearings last week, the "inept and financially illiterate" SEC ignored his warnings.

It's a sobering testimony from an SEC insider-turned-whistleblower who is busy blowing the lid off the SEC's incompetence and its inability to stop criminals like Madoff in their tracks. Markopoulos' testimony is frightening for investors who imagined that the Madoff Investment Fraud Attorneyscandal was a flash in the pan and that few other Ponzi schemes and investment frauds are to follow; if what he says about the SEC is true, it's fair to assume that fraud skeletons will tumble out of the closet for months to come. Markopoulos says the SEC is staffed by people who are "undereducated" or "too slow." Also, the whistleblower insists that the SEC is too friendly with the big name companies it is meant to oversee and investigators are afraid of going after these big fish. When Markopoulos attempted to bring Madoff to the attention of the SEC, they insisted that his company was too big for them to take on and that he should be left alone. The results of that negligence are now clear. While elderly retirees have been forced to go back to work, to make ends meet after all their money was wiped out in the scam of the decade, and confidence in the SEC has dropped to new lows, the brain at the center of the scam is "incarcerated" in his luxury penthouse in New York. 

Investment Fraud Lawyers

Filing claims against large, influential Wall Street companies can be an intimidating affair. These are well connected companies that have the contacts and the resources to fight their claims for as long as it takes to avoid paying out damages. That’s why you need the expertise of an investment fraud attorney who has the resources to pursue a claim for as long as it takes to recover the damages you deserve.

If you have lost money in the Bernard Madoff scam, or any other investment fraud, contact an experienced investment fraud attorney at Arnold & Itkin LLP for a free consultation.

 

 

 

More Ponzi Schemes Surface, Accused Earn the Name "Mini-Madoff"

Since the Bernie Madoff scandal and his loss of $50 billion in investor money, Ponzi schemes have been popping up left and right. Numerous "Mini-Madoffs" appeared after skeptical investors requested their returns.

According to the Houston Chronicle, the deteriorating economy and nervousness after the Madoff scandal has caused investors to request their returns, shining light on the schemes. Stephen Obie of the Commodity Futures Trading Commission (CFTC) explains, "There is no way for a Ponzi scheme to survive given the large number of redemptions and a lack of new investors." Before, schemers could take money from one investor to pay the other; now, there isn't enough money in the pot to continue playing the game. In the last year CFCT has seen double the leads to possible Ponzi schemes and has brought cases involving over $200 million since last October.

Last Monday, Nicholas Cosmo was arrested in a New York train station in connection with a suspected $380 million Ponzi scheme. Although Cosmo had already served time for securities fraud, 1500 people willingly gave him $20,000 for supposed high-yield "private bridge" loans. Also, in Florida, naive investor Reggie Roseme was duped by George Theodule, a "man of God" who promised churchgoers double their money in 90 days. Roseme gave the "mini-Madoff" his life savings of $35,000 in cash, as did many others from the near by Haitian-American community. With beautiful offices and a too-good-to-be-true sales pitch, Theodule managed to collect tens of thousands from many investors.

Investment Fraud Attorneys

Pursuing investment fraud claims after losing a huge investment or even your life savings can be intimidating. At Arnold & Itkin LLP we have the experience and expertise to get you the money you deserve.

If you or a loved one has been a victim of investment fraud contact a securities fraud attorney at, Arnold & Itkin LLP for a free evaluation of your claim.

Madoff Investment Fraud Sends Ripples Through Investment Circles

It's said to be one of the, if not the, biggest investment fraud scandals on Wall Street. As the dust begins to clear around Bernard L. Madoff's audacious multi-billion dollar Ponzi scheme, investors, investigators, and securities attorneys are wondering how they failed to spot the signs of the scam of the century.

The scam, which has already inspired some wry humor– "Madoff 'made off' with my money"–  is no laughing matter and has insiders worried that the giant Ponzi scheme that Madoff was allegedly operating could have major repercussions on hedge fund companies, many of which invested in his scheme. A Ponzi scheme is basically a scam that borrows more money from investors to pay off earlier investors. It's a scheme that, in reality, doesn't last very long because there's only so many investors a fraudster can fool before it all begins to fall apart. But insiders are surprised at how Madoff's scheme lasted for several years.

Part of the reason could be that he owned his own securities company, Bernard L. Madoff Securities Firm, and that allowed him to bypass most of the normal routes that hedge funds use to manage their money. Hedge funds, for instance, stash their portfolios at banks; Madoff managed his accounts within his own firm, ensuring there was no transparency over what he was doing with the money. Because he has a reputation as a Wall St. genius, he attracted investments from the wealthy who poured money into his scheme. 

Not all were taken in with the giddy returns that the scheme steadily provided over the years. Some investment advisors steered their clients away from investments with Madoff, and have been proved right. Apparently, the lack of transparency, and the fact that Madoff's firm's accounts were handled by a nondescript accounting firm alerted them to potential dangers. You could argue that if some investment advisors were so suspicious of Madoff's activities, why didn’t the others become doubtful? Was it ignorance, carelessness or greed that caused them to gamble with their clients' money in a giant pyramid scheme?

Madoff's investment fraud has victims across all spectrums of the social and economic scene. There were wealthy individuals who invested privately, large investment companies who bought into a slice of the pie, and retirees who parked funds for their golden years. At least one charity has announced that it will have to close down after all its savings were wiped out with the collapse of Madoff's scheme.

Some investors have already kick started the process of securities litigation to recover their funds. Madoff, for his part, has admitted that what he operated was a Ponzi scheme, and that he fully expected to go to prison.

Securities Fraud and Implications for Investors

In a year that's seen millions of investors, directly or indirectly, duped by Wall Street shenanigans, including the mortgage backed securities fraud, hedge fund scams, stock fraud, and other kinds of investment fraud, investors have been the unfortunate victims. Many face a bleak future with wiped out savings, and are confronted with the prospect of battling well-connected, big name companies that have gambled away their money.

Investment Fraud Lawsuits

When investors have been duped of their money by unethical practices, including failure to be upfront about the methods used for investment, and the failure to make suitable recommendations to clients about safe places to invest their money, investment advisors, hedge fund companies, and stock brokers can be named in securities and investment fraud lawsuits. Money may be recovered from the insurers of accounting firms, as well as SIPC insurance. For all this, you need the expertise of an experienced securities fraud attorney.

If you've lost money in the Madoff investment scam or other investment fraud, contact a securities fraud attorney at the business litigation law firm of Arnold & Itkin LLP for a free evaluation of your claim. We can help you understand your options for claiming compensation for your loss.

 

 
 

Investors Will Begin Receiving Payments in Texas Ponzi Investment Fraud

Investors who lost money in the Ponzi scheme investment fraud perpetuated by Nacogdoches, Texas businessman George Hudgins can soon begin to look forward to payments.; Hudgins pleaded guilty in September on charges of wire fraud, embezzlement and money laundering. He is yet to be sentenced.

The scheme launched in 2004, had Hudgins soliciting funds from investors for the apparent purpose of investing in stock index futures and commodities.  Instead, under the scheme, potential investors were enticed with the promise of huge returns on their investment.  Hudgins was in reality operating what is known as a Ponzi scheme, where investments made by investors are used to pay "profits" to other investors.  By April 2008, Hudgins' scheme was incurring large losses, and in May, the federal government sued him for violations of commodities trading regulations. 

Now, a court in the Eastern District of Texas has offered some reprieve to investors whose claims have not been contested. They can expect to begin receiving payments by the end of this year.  However, there have been several investors whose claims have been denied because of their inability to produce evidence of their losses.  Most of those who were denied their claims apparently don’t have bank records to prove their investment, having deposited their funds in the scheme, in cash.    These investors are critical of the way Kelly Crawford, the receiver in the case, has denied their claims.  They insist that even in the case of cash investments, a written agreement between them and Hudgins should be sufficient grounds to prove losses.

Not all claims have been denied because of lack of evidence of losses. Others have been denied because they didn’t participate in the investment scheme that Hudgins ran, although he did owe them money.  Crawford's office has released a set of recommendations to investors whose claims have been denied, asking for additional information that could result in a reversal of the decision.  Even those whose papers are in perfect order may not receive every cent they lost in the fraud scheme.   A lot of the money invested was lost in Hudgins' trading activities, adding up to a total loss of close to $80 million dollars.

What is Ponzi Investment Fraud?

A Ponzi scheme is named for Charles Ponzi who in the early part of the 20th century defrauded thousands of people, using their investments to pay returns to other investors.  Since then, this scheme has surfaced time and again, in complicated cases involving large amounts of money.  Ponzi schemes tend to fall apart quickly because of the fact that promoters are required to solicit more and more investments in order to pay returns to older investors.  The more number of members a Ponzi investment fraud scheme has, the quicker it comes under the scanner of regulators.

Litigating Investment Fraud

When financial losses have resulted because of falsified investment advice, investors can claim compensation from these promoters.  Proving losses in a court requires a thorough understanding of complex business litigation law, and an ability to use these laws to prove your losses, and build your case.  An expert business litigation attorney who has years of experience handling investment fraud cases, can bring the kind of experience your case needs.  Contact a business litigation lawyer at Arnold & Itkin LLP for an evaluation of your case.