"China's Madoff" Reportedly Secretly Executed For $460 Million Ponzi Scheme

A Chinese businessman who allegedly operated a Ponzi scheme that bilked nearly 60,000 victims out of $460 million has reportedly been secretly executed for his crimes.  Various news outlets are reporting that Zeng Chengjie was executed by lethal injection last Friday, July 12, 2013, after previously being sentenced to death (originally by firing squad) for "illegal fund-raising," which is the Chinese catch-all designation used for financial and investment fraud.  The execution has sparked outrage, particularly among Zeng's family who complained that they were not informed of the pending execution contrary to Chinese law.  

Zeng was once a highly-successful Chinese businessman whose talents were recognized and supported by China's ruling party.  Investor funds were used to support his company that placed bids for city development projects, including local landmarks and public facilities, in Jishou, a small city in Hunan. While these efforts were initially successful, a change in the ruling elite resulted in Chinese politicians withdrawing their investments, which triggered widespread panic among civilian investors.  

In a series of events described as highly suspicious by Zeng's attorneys, he was quickly jailed for masterminding the scheme, with his assets sold at fire-sale prices to a state-owned asset company that reportedly reaped a huge profit from the transactions.  The trial was also plagued with accusations of corruption and partiality, with Zeng's daughter alleging that Zeng's conviction was upheld by the Chinese Supreme Court only after the city leader of Hunan was appointed as chief justice.

The news has caused an uproar, particularly among Chinese nationals who noted that China's laws gives death row inmates the right to meet with family before an execution.  Zeng's daughter has alleged that she learned of the news two days after the execution and that she was not permitted to see her father's body before it was cremated.  The issue was further thrust into the spotlight after a Chinese intermediate court posted and then quickly deleted a message on a popular social media platform that China’s laws do not decree that a death row inmate must meet with his family before execution.  Many then pointed out that the Supreme People’s Court had actually issued an interpretation that did give death row inmates the right to meet with family. 

China differs from the United States in that it allows the imposition of the death penalty for nearly sixty offenses, including fraud and economic crimes.  This has resulted in China earning the distinction of having one of the highest amounts of annual executions, including approximately 4,000 executions in 2011 alone.  Notably, this has included death sentences for several women accused of high-profile Ponzi schemes, including Wang Caiping, was sentenced to death last year after an investment fraud that racked up losses of nearly $20 million through risky futures and gold trading, and Wu Ying, who had been sentenced to death for a $60 million Ponzi scheme.  As is commonly permitted in China, Ying had her sentence reduced in May 2012 to "death with a two-year reprieve" as is commonly done where courts deem the perpetrator sufficiently reformed. 

Former Radio Host Gets 20-Year Sentence For Role In $194 Million Ponzi Scheme

A former radio host who played a role in the second-largest Ponzi scheme in Minnesota history was sentenced to serve the next twenty years in federal prison.  Pat Kiley, 75, who initially took the offensive and sued various newspapers for linking him to Trevor Cook's $194 million Ponzi scheme, received the sentence after a federal jury convicted him last year of numerous charges, including 12 counts of wire and mail fraud, one count of conspiracy to commit mail and wire fraud, and two counts of money laundering.  Kiley was scheduled to be sentenced earlier this year along with two co-defendants, but was granted a reprieve during the sentencing hearing when he alleged various missteps by his then-attorney. Along with the sentence, U.S. District Judge Michael Davis also ordered Kiley to pay over $155 million in restitution to victims.  

Kiley hosted a homemade radio show, broadcast nationwide on over 200 stations, called "Follow the Money."  Kiley represented himself as a senior economist and financial advisor, and called his listeners 'truth seekers' as many sought financial security in the midst of a tumultuous financial climate.  Kiley's long-time friend, Trevor Cook, operated Crown Forex SA and JDFX Technologies along with Christpher Pettingill, Jason 'Bo' Beckmann, and Gerald Durand.  Cook pitched risk-free returns to potential investors, attempting to allay any concerns by explaining that Crown Forex was operated by Jordanians that complied with Islamic sharia law and thus could not charge him interest on the loans he took out.  Additionally, investors were told that transactions closed daily and thus were not subject to risk from being held overnight.  Cook used the men to pitch the scheme to potential investors, as Beckman operated a money-management firm, Oxford Private Client Group, that catered to affluent clients, while both Kiley and Durand hosted radio talk shows.  Indeed, authorities alleged that Kiley alone brought in nearly two-thirds of the total investors.   In total, Cook and his associates raised nearly $200 million from over 700 investors.  

However, the men did not operate a legitimate currency trading firm, but instead masterminded one of the largest Ponzi schemes in history.  Approximately half of the funds raised from investors were used to trade currency, of which $68 million was lost.  Cook and Kiley diverted tens of millions of dollars for their own use, including the transfer of nearly $13 million to Panamanian bank accounts for construction of a casino, $12 million for personal expenses, nearly $5 million in gambling losses, and nearly $3 million withdrawn in cash and cashier's checks.  

The arrest and prosecution of Cook and his associates was filled with several strange incidents, including Kiley's defamation lawsuit against several Minnesota newspapers, allegations that Durand and Pettingill had discussed murdering Beckmann to collect on a life insurance policy, and Beckmann unsuccessfully offering to tender a $19 million check in exchange for a 1-year sentence.

Rothstein Victims To Recoup 100% of Losses Under Approved Liquidation Plan

"For the first time in history, period, a bankruptcy trustee has returned 100 percent payout to the victims of a Ponzi scheme.  It's made more remarkable by the Rothstein Ponzi case being the fourth largest in history."

-  Charles Lichtman, Attorney for Trustee Herbert Stettin

In an unprecedented turn of events, victims of Scott Rothstein's massive $1.4 billion Ponzi scheme are set to recoup 100% of their losses under a liquidation plan approved Thursday by a south Florida bankruptcy Judge.  The recovery represents a stark contrast to the prospects faced by victims back in late 2009, after Rothstein was arrested for the largest Ponzi scheme in Florida's history and his once-prominent law firm crumbled declared bankruptcy.  Now, after U.S. Bankruptcy Judge Raymond B. Ray's approval of a compromise between the trustee and various creditor groups, victims will receive all of their losses back in an outcome that stands in a class of its own in Ponzi scheme jurisprudence.  

Background

The approval of the liquidation plan hinged on wrangling over the contribution of TD Bank, which had been accused of serving as an indispensable part of Rothstein's scheme.  In the initial liquidation plan proposed by Trustee Herbert Stettin back in February, TD Bank agreed to pay $72.45 million to be used to compensate victims in return for a 'bar order' which would permanently enjoin any pending or future litigation against the bank based on Rothstein's scheme.  This bar order would be a significant benefit for TD Bank, which still faces suits from numerous investors and is already on the hook for over $200 million in judgments and settlements to date.  Many creditor's groups balked at this initial proposal, claiming that the bank was effectively buying peace - at a bargain - for its role in the massive scheme.  Judge Ray rejected the plan, and the parties continued to negotiate.  

After a marathon two-day negotiating session, lawyers submitted an amended liquidation plan that satisfied the concerns of creditor groups.  Among the concessions made, the proposed bar order would allow lawyers to continue their quest for sanctions against TD Bank in pending cases for alleged document discovery violations.  Additionally, the bank agreed to pay $54 million to settle a group of pending cases in state court filed by victims.  That settlement brings the total amount of settlements obtained by creditor's attorney Bill Scherer to a whopping $257 million.  

The Plan

In his initial plan, Stettin indicated that he had received total claims filed in the amount of $461,078,446.36. Stettin has reduced or eliminated a portion of those claims through various objections, and eventually expects those efforts to decrease the total claims for a majority of the creditor classes to approximately $141 million. Stettin has approximately $79.2 million in cash on hand, which, combined with the $72.45 million TD Bank settlement, would allow 100% payment of the estimated claim total of $141 million. Stettin also continues to pursue numerous 'clawback' lawsuits seeking the return of profits from investors who withdrew more than their principal investment, with future recoveries belonging to the bankruptcy estate. Finally, Stettin also recently emerged victorious in a dispute with the U.S. government over entitlement to millions of dollars in funds forfeited by Rothstein.

Pursuant to the confirmed Plan, TD Bank will have three days to pay the $72 million payment ot the trustee.  It is expected that distributions will soon follow.

TD Bank May Also Benefit

Ironically, the party that stands to benefit the most on the success of Stettin's ongoing recovery efforts is TD Bank. In the Liquidation Plan, TD Bank would be permitted to collect on a lower priority claim in the amount of $132.45 million based on the settlements and judgments thus far rendered against the bank. 

Previous Ponzitracker coverage of the Rothstein saga is here.

A copy of the Modified Liquidation Plan is here.

California Woman Gets 15-Year Sentence For $2.1 Million Ponzi Scheme

A California woman who operated a Ponzi scheme that bilked friends and family out of more than $2 million has been sentenced to serve 15 years in prison.  Jill Silvey, 51, received the sentence after her conviction earlier this year on at least forty-four fraud related charges.  Silvey was arrested in June 2012 after several investors began raising questions after interest payments were delayed.

According to authorities, Silvey began soliciting family and friends in 2005, telling them they could earn above-average returns by allowing Silvey to lend their money to potential homeowners who could not afford traditional home loans.  Silvey, who obtained her real estate license in 2002, prepared authentic-looking loan documents and deeds designed to give the impression that each investment was secured by real estate.  In total, more than 20 investors entrusted over $2 million to Silvey.

However, Silvey did not use investor funds to make loans to struggling homeowners; rather, she operated the classic Ponzi scheme by using the inflow of new investor funds to make Ponzi-like payments to existing investors.  Silvey is also alleged to have misappropriated investor funds for her own use, including to buy expensive clothes, remodel her home, and purchase luxury automobiles. When Silvey began falling behind on interest payments in 2012, some investors contacted homeowners directly to find out that they were unaware of any such loans.  Silvey was soon thereafter arrested.

Silvey was also ordered to pay restitution to her victims; however, her ability to do so is unknown in light of the fact she recently filed bankruptcy.

Colorado Man Sentenced to 6.5 Years for $16 Million Ponzi Scheme

A Colorado man was sentenced to serve 77 months in prison for his role in a Ponzi scheme that took in more than $16 million and caused losses exceeding $4 million to more than 50 investors.  Michael Turnock, 69, received the sentence from U.S. District Judge Christine Arguello after previously pleading guilty to mail fraud and money laundering.  In addition to the sentence, Judge Arguello also ordered Turnock to pay approximately $4.2 million in restitution to his victims.

Turnock was the principal of Bridge Premium Finance, LLC ("BPF"), which until September 2005 was known as Berjac of Colorado, LLC ("Berjac").  Berjac purported to be in the business of insurance premium funding.  In 1996, Turnock bought a majority interest in Berjac, later purchasing the remaining interest in 2004.  Potential investors were told that their funds would be used to make short-term loans to small businesses in order to enable those businesses to pay up-front commercial insurance premiums, and in return were promised an annual return of 12%.  Investors also received marketing materials from Turnock that touted the investment as "100% safe" and protected by the "Colorado Insurance Guarantee Fund."

Investors were issued promissory notes, known as "Berjac Notes" from 1996 to 2005, and "Bridge Notes" from 2005 thereafter.  These notes, which were open-ended in term, were said to be payable on demand by investors, which was touted to investors as evidence of the liquidity of the investment.  Ultimately, more than 120 investors contributed approximately $15.7 million to the scheme.  BPF's promissory note offerings were never registered with any federal or state securities regulator.

Turnock claimed that BPF could afford to pay such generous returns due to the rate of interest BPF received on the "bridge loans" it was making.  However, according to the Securities and Exchange Commission, which also initiated a parallel civil enforcement proceeding, BPF had not had a profitable year in over a decade and had generated less than $2.5 million in revenue from 1998 to 2012.  Yet, it still managed to make payments consisting of purported interest and principal redemptions to investors totaling $12.3 million.  Indeed, revenues had been negative since at least January 2011.  The company depended on a constant inflow of new investor funds in order to satisfy interest payments and redemption requests - a classic hallmark of a Ponzi scheme.  

After the SEC began investigating in June 2012, Turnock and a co-conspirator refused to answer investigator's questions, citing their Fifth Amendment privileges against self-incrimination due to the possibility of criminal charges.  

A copy of the SEC complaint is here.