Once Presumed Dead, Captured Fugitive Details Life On Lam After Collapse Of $21 Million Ponzi Scheme

With losses mounting daily in my investors’ accounts, I did the unthinkable. I deceitfully devised a plan to use the bank’s securities account, and began trading those funds with hopes of making bigger returns to build the bank’s capital account back up and pay investors back. It was the worst decision of my entire life, and I take responsibility for it. There is no one else to blame for this except me. 
Aubrey Lee Price
An Atlanta magazine has published an intimate look into a Georgia man's 18-month life on the lam after he purportedly committed suicide amid reports his investment venture was a $21 million Ponzi scheme, including revelations that he spent time in an unnamed Latin American country and was involved in a mid-sized cocaine trafficking operation before his arrest this past New Years Eve.  Aubrey Lee Price, 47, disappeared in 2012 after his last whereabouts were traced to a Key West ferry.  After staying on the lam for approximately 18 months, he was arrested following a routine traffic stop earlier this year.  Despite facing two sets of federal criminal charges from Georgia and New York prosecutors, Price recently gave a series of interviews to an Atlanta Magazine journalist.  While lacking a basis for independent verification, Price paints quite a tale with his story.

The Scheme

Price formed PFG, LLC, and Montgomery Asset Management, LLC f/k/a PFG Asset Management, LLC, in 2009.  Potential investors were told that the fund sought "positive total returns with low volatility" through investing in low-risk securities such as equity securities traded on the U.S. markets.  Price would later use investor funds to purchase an equity ownership interest in a South Georgia bank on the brink of failure.

Investor funds were kept in a Goldman Sachs bank account where, despite statements showing consistent trading gains, Price is alleged to have suffered massive trading losses of at least $20 million.  Price also used investor funds to acquire Montgomery Bank & Trust ("MB&T"), a failing South Georgia bank, in order to gain control of millions of dollars of the bank's cash assets and reserves.  According to the Securities and Exchange Commission, Price transferred at least $10 million from the bank to a trading account at Goldman Sachs, and attempted to conceal the fraudulent nature of his activity by providing fictitious account statements and representation letters to bank regulators.  In total, Price is accused of embezzling at least $21 million from MB&T.

In June 2012, Price boarded a ferry terminal in Key West, Florida.  He left behind a rambling suicide note in which he indicated that he was "incapable of continuing in this life," and that he "created fales statements, covered up my losses and deceived and hurt the very people I was trying to help."  Price repeatedly alluded that he planned to kill himself, and he had not been seen since boarding the ferry. 

The Capture

A routine traffic stop based on suspicion of illegally-tinted windows landed Price in jail after authorities became suspicious of his story.  Authorities discovered that Price fit the description of a "Jason" that rented a house in Ocala, Florida, and a subsequent raid of that house turned up more than 200 marijuana plants.  Price was returned to a Statesboro, Georgia jail to await trial on bank fraud charges filed by Georgia federal prosecutors.

The Story

In a series of interviews with Atlanta Magazine reporter Charles Bethea, Price first disclosed that he had penned a reflective memoir entitled The Inglorious Fugitive.  (Price further revealed that he had been talking to a book and film agent).   The article covers Price's beginnings, glossing over his former position as a preacher that was later shelved for a new career as a financial planner.  Eventually, Price set off on his own with PFG and, owing partly to his former calling and a client list he had amassed during his association with Smith Barney and Banc of America, was able to quickly convince investors to trust him with tens of millions of dollars.

After disappearing from a Ft Myers-bound ferry, Price disappeared to an unnamed Latin American country, where he recounted his association with a shadowy figure named "Pedro" who, on at least one occasion, allegedly threatened Price that his children's lives were at stake if he did not cooperate.  "Pedro" then offered Price a job overseeing his cocaine operation, where Price claimed he became an expert "cocaine taster."  After he moved back to North Florida, he soon took over marijuana operations and purported to have spent time in more than twenty "grow houses."  

Price assumed the identity of "Jason," recently-divorced man with a past drug addiction.  In return for doing gardening and other yard work, an elder couple let him stay in a small shed on their land.  In that shed, Price began growing marijuana plans - and told acquaintances that his sick uncle lived in the shed and would shoot any intruders.  

After the traffic stop on New Years Eve landed Price in a Glynn County jail, he allegedly called his father with one request - call a telephone number Price had memorized and deliver the code "666."  According to Price, this was the code for "Pedro's" people that he had been compromised.  Price's father refused.

Authorities Charge Former Rothstein Law Partner With Conspiracy

Authorities have announced criminal charges against the remaining name partner in Rothstein Rosenfeldt Adler yet to be charged in connection with Scott Rothstein's $1.2 billion Ponzi scheme.  Stuart Rosenfeldt has been charged with one charge of conspiracy to commit campaign finance fraud, bank fraud, and violate a person's civil rights.  Notably, the charge does not suggest that Rosenfeldt was involved in or aware of his partner's massive Ponzi scheme; rather, Rosenfeldt is accused of making illegal campaign contributions to well-known politicians as well as using influence of police officers from the Broward Sheriff's office to coerce an escort into leaving Florida.  It appears that the charge was the result of extensive negotiations and cooperation with authorities, as Rosenfeldt is expected to turn himself in next week and plead guilty to the charge.

Rosenfeldt has maintained he had no involvement or awareness of Rothstein's Ponzi scheme, and the narrowed focus of the criminal charges seems to corroborate his position.  Indeed, in a civil deposition, Rothstein himself even pointed the finger at Rosenfeldt and Adler, the two name partners beside himself, saying

At various points in time, they came to know that there was a Ponzi scheme going on, although the word Ponzi was never utilized.

The remaining name partner, Russell Adler, pleaded guilty last month on similar charges that he violated federal election laws by making hundreds of thousands of dollars in campaign contributions to prominent politicians including former Florida Governor Charlie Crist and Senator John McCain.  Adler could face up to five years in federal prison when he is sentenced next month.

In addition to making illegal campaign contributions, Rosenfeldt is also accused of conspiring with Rothstein to use their influence with Broward County police officers to threaten and intimidate an escort who they suspected was on the verge of disclosing her relationship with Rosenfeldt.  According to authorities, the officers illegally detained the escort and her boyfriend, deleted evidence of the relationship from the escort's phone, and later escorted the escort and her boyfriend to an airport and ordered them to return to Pennsylvania.  

According to Chuck Malkus, who has covered the Rothstein saga closely and authored the book, The Ultimate Ponzi: The Scott Rothstein Story, the arrest marks the 24th to date since Rothstein's scheme collapsed nearly five years ago.  Malkus believes that this number may keep climbing, theorizing that next up to be charged are the bankers, hedge fund feeders and possibly even elected officials."

Rothstein Colleague Gets Five-Year Prison Sentence

A former law associate of convicted Ponzi swindler Scott Rothstein was sentenced to serve five years in federal prison for assisting Rothstein by impersonating a Florida Bar official during a call with investors.  Christina Kitterman, 39, received the sentence from U.S. District Judge Daniel T. Hurley after a six-hour sentencing hearing, and was immediately taken into custody.  A federal jury took less than two hours to convict Kitterman, who was the only defendant to stand trial of the numerous individuals that have faced charges for their ties to Rothstein.

Kitterman was indicted last summer, along with south Florida attorney Douglas Bates, on charges that she was a participant in Rothstein's scheme while employed as an attorney at his former firm, Rothstein Rosenfeldt Adler ("RRA").  There, according to authorities, Kitterman agreed to participate in a meeting with Rothstein investors posing as a Florida Bar official, telling investors that Rothstein's bank accounts had been frozen as the result of a pending bar association.  The ensuing trial drew widespread attention due to Kitterman's request to have Rothstein testify - a decision that was generally not observed to have bolstered her defense.  In his testimony, Rothstein claimed that he and Kitterman had a "friends with benefits" relationship and that Kitterman was aware of her actions in assisting him.  

After a jury convicted her of three counts of wire fraud, Judge Hurley suggested that Kitterman may have committed perjury during her trial testimony by claiming that she did not identify herself as the Florida Bar president during the phone call.  If true, Kitterman was warned that she could face a sentencing enhancement.  That prediction bore true at today's sentencing hearing, where Judge Hurley noted that his original sentencing calculation has placed Kitterman's term at 3-4 years.  However, Kitterman was given a five-year sentence after factoring in her perjury and her abuse of trust as an attorney.  Prosecutors had indicated they were seeking a sentence of up to nine years in prison.

There is no parole in the federal prison system, and inmates generally serve 80% - 85% of their sentence when accounting for credit for good behavior.  Judge Hurley allowed Kitterman to enter into a substance abuse program, which could potentially reduce her sentence by up to one year.  Kitterman also indicated that she had entered into a tentative agreement withe Florida Bar to surrender her law license on the condition that she could apply for reinstatement in five years.  That arrangement is subject to approval by the Florida Supreme Court. 

Wife Of Fugitive Accused Of $1 Billion Ponzi Scheme Arrested Trying To Board Brazil-Bound Plane

With her husband thought to be hiding in Brazil after being indicted on charges he masterminded one of the largest Ponzi/pyramid schemes in history, a Massachusetts woman was arrested by federal authorities at a New York airport just before she was supposed to board a plane to Brazil.  Federal agents arrested Katia Wanzeler moments before her plane to Brazil was due tor take off, discovering that she was carrying 70 pounds of luggage and $3,000 in cash in addition to holding a one-way ticket.  Her husband, Carlos Wanzeler, is currently thought to be a fugitive after federal authorities issued a warrant for his arrest earlier this month.  A federal judge ordered that Katia Wanzeler be taken into custody to ensure that she appeared to testify before a grand jury this week.  

Carlos Wanzeler is the co-founder of TelexFree, a once wildly-popular venture that promised participants astronomical returns by simply recruiting new investors and placing advertisements for the company's voice-over-internet-protocol ("VoIP") business.  At its peak, It is estimated that the company had more than 700,000 "promoters."  However, both state and federal regulators accused the company of fraud in mid-April following the company's decision to file for bankruptcy in Nevada.  A Nevada bankruptcy judge dealt a blow to the company's self-professed desire to shed its obligations to "promoters" and emerge from bankruptcy as a legitimate and profitable venture when he granted the Securities and Exchange Commission's request to transfer the bankruptcy to Massachusetts where the Commission's civil enforcement action is pending. 

Shortly following the transfer of the bankruptcy case, federal authorities announced the filing of criminal charges against TelexFree founders James Merrill and Carlos Wanzeler, accusing the men of conspiring to commit wire fraud.  While Merrill was arrested that same day, Wanzeler was thought to have fled to Brazil, where his dual citizenship may present extradition problems for U.S. authorities.  Indeed, Wanzeler had not been seen or heard from since mid-April.

According to the Boston Globe, it appears that Wanzeler's plan to skip town went into action in mid-April as authorities closed in.  On the same day that federal agents executed a search warrant on TelexFree's Marlborough headquarters, Wanzeler allegedly drove his daughter north through the Canadian border, where they caught a plane two days later to Sao Paulo, Brazil.  Authorities later subpoenaed Katia Wanzeler as a material witness for testimony before a grand jury that is thought to be considering additional charges against her husband and Merrill.

After authorities unveiled criminal charges against Merrill and Wanzeler on May 9, prosecutors alleged that an unidentified person in Brazil purchased Katia Wanzeler's one-way ticket to Sao Paulo. Authorities then obtained a material witness warrant and arrested Wanzeler as she prepared to board the plane.  She was discovered to be carrying $3,000 in cash and over 70 pounds of luggage.  At a hearing before U.S. Magistrate Joan Azrack, her lawyer contended that Katia Wanzeler had planned to return (despite having a one-way ticket) and that the excessive luggage was simply clothes purchased for Wanzeler's relatives.  Magistrate Azrack rejected those arguments, remarking, 

"Seventy pounds of luggage?  Four suit cases?  There is no way I'm releasing her."

Ponzitracker recently outlined the difficulties authorities would face in extraditing Carlos Wanzeler, as Brazil's constitution was amended in 1988 to prevent the extradition of Brazilian citizens to any country,  with limited exceptions.  

Court Dismisses SEC's $300 Million Ponzi Case On Timeliness Grounds

A Florida federal judge ordered the dismissal of a lawsuit brought by the Securities and Exchange Commission accusing five former real estate executives of masterminding a $300 million Ponzi scheme on the basis that regulators waited too long to file the case.  U.S. District Judge James King granted a motion to dismiss brought by executives of the now-defunct Cay Clubs, agreeing that the SEC "failed to meet its serious duty to timely bring this enforcement action."  The Commission filed the lawsuit in January 2013, alleging that Cay Clubs ultimately raised more than $300 million from nearly 1,400 investors worldwide.  

According to the Commission's lawsuit, defendants Fred Davis Clark, David Schwarz, Cristal Coleman, Barry Graham and Ricky Lynn Stokes touted the above-average returns available by purchasing units at Cay Club resort locations, including a guaranteed 15% return and a future income stream from the rental of those units.  However, rather than use investor funds as promised, the Commission accused defendants of using investor deposits to pay returns to existing investors as well as diverting more than $30 million for the payment of salaries and bonuses and even the funding of a liquor distillery.  The scheme later collapsed and ceased operations.

In his ruling, King faulted the Commission for failing to timely bring claims against defendants pursuant to 28 U.S.C. 2462 ("Section 2462").  Section 2462 requires that an action for enforcement of any civil fine or forfeiture must be brought within five years from the date the claim first accrued.  Here, because the Commission filed its action on January 30, 2013, the last act committed by each defendant had to have occurred on January 30, 2008 or later.  However, Judge King found that "rather than expeditiously, or even promptly, bringing an enforcement action against the alleged fraudsters and peddlers of unregistered securities, the SEC waited."  

Despite beginning an investigation in late 2007, and alleging in its complaint that Cay Clubs' business activities continued until at least July 2008, Judge King found that the Commission had failed to point to any evidence that any act of offering or sale of alleged securities occurred after January 30, 2008.  Indeed, at least two of the defendants testified that their relationship with Cay Cliubs ended in October 2007.  

While orders of dismissal are typically done "without prejudice," meaning that the plaintiff is given another change to file an amended complaint seeking to rectify the deficiencies, Judge King entered his order "with prejudice" that will effectively end the case.  The Commission has not yet issued any comment, although it is likely an appeal will follow.  

The Order is below:

Final Order of Dismissal