Victims of "Three Hebrew Boys" $80 Million Ponzi Scheme Receive Distribution Checks Totaling Nearly Half of Their Investment

The court-appointed receiver of the Three Hebrew Boys Ponzi scheme has announced that victims of the scheme have been mailed distribution checks that contain a recovery of 46% of each investor's principal loss - a stunning outcome in the receivership community and one of the highest recoveries in recent memory.  Beattie Ashmore, the receiver, issued 3,800 checks representing a total distribution of $19 million to investors with approved claims.  The outcome is particularly noteworthy considering that the average Ponzi scheme victim will typically only receive pennies on the dollar of their original investment.

The Three Hebrew Boys was a scheme concocted by Tony Pough, age 47, Joseph Brunson, age 47, and Timothy McQueen, age 52, all of Columbia, South Carolina.  The scheme derived its name from the biblical story of three men whose faith saved them after they were thrown into a fire after refusing to bow to a statute but emerged unscathed.  From 2004 to 2007, the three used this religious link to convince investors that they were part of a ministry, and promised exorbitant returns from a forex trading operation.  Investors were told that, for a contribution of a few thousand dollars, they could use the promised profits to pay off a mortgage, car payment, or other financial obligation.  The men held seminars to attract investors, promising that they could expect monthly returns of ten percent on their initial investment for the rest of their life.  In total, approximately 7,000 investors contributed over $80 million to the operation.

Yet, rather than investing the funds, the trio used investor funds to make interest payments to investors to give the appearance that the operation was legitimate and successful.  Additionally, each of the group enjoyed a lavish lifestyle that included the payment of an annual salary of $1 million, the purchase of a private jet, luxury suites at the Atlanta Falcons and Carolina Panthers stadiums, and a $900,000 party bus, among other items.  The three were indicted in June 2008 and charged with thirty-five counts of mail fraud and one count of conspiracy to commit mail fraud, with more counts added as further information was discovered.  Following a trial, a jury took less than three hours to convict the trio of fifty-eight counts of mail fraud, money laundering, and transporting stolen goods.  Two of the men later received twenty-seven year sentences in federal prison, while the remaining fraudster received a thirty-year sentence due to an existing criminal record.

Since being appointed as receiver in late-2007, the Receiver has faced the daunting task of determining the gains or losses for the estimated 7,000 investors duped by the scheme, and pursuing those who were "net winners" - that is, who withdrew more funds than originally invested - for return of those profits to the receivership.  Often, early investors may receive more than their original investment as a result of the continuing exorbitant returns.  A review of the docket shows that this was a daunting task, and at least several investors who resisted the demand to have the profits returned saw the issuance of arrest warrants for civil contempt.  Additionally, the receiver conducted the sale of numerous properties and exotic automobiles seized after the men were arrested.  In total, the receiver recovered approximately $19 million for distribution to victims, representing nearly half of their initial investment.   By contrast, the first interim distribution made to victims of Bernard Madoff's massive Ponzi scheme received approximately 4% of their initial investment.  Additionally, another Charleston-based Ponzi scheme involving economist Al Parish saw victims ultimately recoup less than 14 cents on the dollar.  

The Receiver's website is here.

Rhode Island Attorney Admits to Mortgage Ponzi Scheme

A Rhode Island attorney faces as much as seventy years in prison after pleading guilty to charges he operated a mortgage Ponzi scheme that duped clients out of hundreds of thousands of dollars.  David L. Spector, of Needham, Rhode Island, pled guilty to three counts of wire fraud and one count of money laundering in connection with the scheme, having previously surrendered his license to practice law.  In addition to the prison sentence, Spector also faces up to $1 million in criminal monetary penalties.

According to authorities, Spector conducted real estate closings between April 2007 and August 2007 for properties in Massachusetts and Rhode Island.  As is customary, Spector had funds transferred from the proceeds of mortgages obtained by his clients to his attorney escrow account, which were to be used to pay off existing mortgages and other closing costs.  Instead, Spector used these proceeds for personal expenses and to pay off mortgages from previous closings that he had failed to pay off.  Spector was able to conceal his wrongdoing by filing change-of-address forms so that mortgage bills for the unpaid mortgages would be sent to a post office box that he controlled.  

Spector is scheduled to be sentenced August 8, 2012.  He may also be ordered to pay restitution to his victims.

Two Guilty in $12 Million Ponzi Scheme

A federal jury returned a guilty verdict in the case of two New York residents accused of operating a Ponzi scheme that defrauded 150 investors out of approximately $12 million.  Andrew S. Mackey, 62, and Inger L. Jensen, 54, both of Cedarhurst, New York, were indicted in July 2010 on seventeen charges, including wire fraud, mail fraud, and conspiracy to commit wire fraud and mail fraud.  After deliberating for five hours, the jury convicted the pair of fifteen of the seventeen counts.  Each could receive a maximum of thirty years in prison, along with a fine of up to $1,000,000, for each count of conviction.

From 2003 to 2007, Mackey and Jensen owned and operated ASM Financial Funding Corporation in Valley Stream, New York. Representing themselves as experienced financial experts, they solicited investors promising returns of up to 20% per month.  Mackey and Jensen also employed intermediaries who were paid commissions for steering new investors to the scheme.  The pair solicited investors for ASM's "Wealth Enhancement Club", which collected over $12 million from 150 investors.  These investors were led to believe that they were earning substantial monthly returns through monthly statements and forms filed with the IRS.  However, these documents were fictitious, and in reality, the pair invested less than a third of investor funds.  The remainder was used to make purported interest payments to investors, to pay business expenses, and to sustain a lavish lifestyle.  

As funds began to dwindle in early 2006, investors stopped receiving monthly interest payments.  After the scheme unraveled, Mackey claimed that the scheme should be governed by the laws of Rigo, Latvia, as investors had signed an "Attestation" in which they agreed the scheme would be governed by the laws of Latvia.  

Sentencing is scheduled for August 21, 2012.

A copy of an administrative proceeding by the Securities Commissioner of Maryland is here.

New York Tax Preparer Charged With $4.6 Million Ponzi Scheme

New York Attorney General Eric T. Schneiderman announced the owner of a well-known Bronx tax-preparation agency with operating a Ponzi scheme that scammed investors out of nearly $5 million.  Robert H. Van Zandt was charged with two charges of money laundering, two counts of Scheme to Defraud in the First Degree, two counts of Securities Fraud, and 29 counts of Grand Larceny.  If convicted of the most serious offense, Van Zandt faces up to twenty-five years in prison.

According to the unsealed indictment, Van Zandt operated the Van Zandt Agency, a well-known tax preparation agency, for decades.  However, beginning in 2007 Van Zandt began using his position as a manager of a tax preparation business to solicit clients to entrust him with their retirement funds and savings.  This was facilitated through Van Zandt's unique access to each client's financial situation.  In return, Van Zandt provided investors with promissory notes or shareholder agreements promising guaranteed rates of return. Van Zandt promised to place investor funds in lucrative securities, including real estate projects that were impossible to build.  

In total, Van Zandt raised over $4.6 million from investors from February 2008 through January 2011.  However, rather than invest in 'lucrative securities', Van Zandt never invested any of these funds.  Instead, he commingled investor funds and misappropriated them for his own personal and business use.  

Van Zandt is currently being held on $500,000 bond, and has been ordered to surrender his passport. 

A press release from the office of the New York Attorney General is here.

Texas Attorney Indicted for Running $2.8 Million Ponzi Scheme

A Texas attorney was arrested and charged with operating a Ponzi scheme that allegedly duped investors out of nearly $3 million.  Kelly G. Rogers, of Frisco, Texas, was indicted on five charges, including two counts of money laundering, two counts of theft of stolen property, and one count of securities fraud.  The charges stem from Roger's apparent solicitation of investors for an oil and gas venture that promised investors lavish returns.  Rogers, an attorney, is also accused of failing to disclose to investors that he was currently facing lawsuits alleging continuing violations of state and federal securities laws, and had previously been involved in a lawsuit brought by the Securities and Exchange Commission ("SEC") in connection with another Ponzi scheme.

From August 2007 to February 2009, Rogers represented to investors that they could purchase shares in Falcon Energy LLC that promised lucrative returns.  In total, more than twenty investors purchased nearly $3 million in shares, including the purchase of nearly $1 million in shares by a single investor.  Instead, as alleged by Texas authorities, Rogers misappropriated the funds "in a manner that made recovery of said property by said owners unlikely."  

Investors in Rogers' scheme were not told that, in July 2007, he was sued by the SEC for essentially operating as a 'feeder fund' to a Ponzi scheme that raised nearly $10 million from investors. Rogers, through Level Par Investments, LLC, directed investor funds to Global Finance & Investments, Inc., which promised returns of 25 percent per month to 90 percent per week.  Investors were assured that their funds were secure due to the fact that the funds would be held in an escrow account maintained an attorney.  Kelly ended up settling with the SEC and agreeing to disgorge $100,000 of his ill-gotten gains, along with a civil monetary penalty of $50,000 and an injunction barring future violations of securities laws.  Rogers was also sued in February 2007 for alleged violations of state and federal securities laws in connection with the sale of investments in a Louisiana oil and gas venture.  Rogers also failed to disclose that he had filed personal bankruptcy in 2009.

According to the Texas State Securities Board, Rogers is currently scheduled to stand trial in a Collin County state district court in June 2012 on an earlier indictment relating to the misappropriation of property in an energy venture.  

A copy of the 2007 SEC indictment is here.

The indictment is here.