California Man Convicted Of $3 Million Ponzi Scheme That Targeted Iranian Jews

A federal jury convicted a California man of running a $3 million Ponzi scheme that targeted Iranian Jews.  Shervin Naman, 32, was found guilty on two charges of wire fraud and one charge of mail fraud.  Each of those charges carries a maximum twenty-year prison sentence.  Neman's new lawyer has since filed a motion for a new trial on several grounds, including that Neman currently had enough funds to repay back his victims.  

Neman told investors that his hedge fund, Neman Financial L.P., could deliver outsized returns through both investments in foreclosed residential properties and access to highly-touted stock offerings such as Facebook, Groupon, LinkedIn, and Angie's List.  Through Neman's purported connections to a broker with access to these pre-IPO shares, potential investors were told that Neman could flip the shares after their IPO debut.  Investors were promised returns of 11% to 18% paid within 30 to 180 days and evidenced by promissory notes signed by Neman.  In total, Neman raised more than $7.5 million from investors.  

However, Neman's touted IPO connections and investing prowess were false.  Indeed, of the nearly $8 million raised from investors, less than 1% was used for its advertised purpose.  Indeed, other than a single $66,000 investment in General Motors' IPO in November 2010, the remainder of investor funds were used to either make Ponzi-style payments to investors or to sustain Neman's lavish lifestyle.  Specifically, more than $5.4 million was used to make Ponzi payments to investors, while while nearly $1.6 million was spent on, among other things, jewelry and high-end cars; Neman's wedding, honeymoon, and other vacations; and VIP tickets to sporting events.

Court Appoints Independent Trustee For TelexFree

A Massachusetts federal Bankruptcy judge approved a request by the Department of Justice to appoint an independent trustee over TelexFree, LLC and related entities ("TelexFree"), after the U.S. Trustee argued that "compelling evidence of fraud...[and] criminal conduct" warranted such relief "forthwith."  U.S. Bankruptcy Judge Melvin S. Hoffman entered the Order several days after a status hearing marking the first appearance of the parties in a Massachusetts bankruptcy court after the cases were transferred from a Nevada bankruptcy court.  With the appointment of the independent trustee (who has yet to be named), TelexFree's vision of emerging from bankruptcy with new products and revenue streams appears dismal at best.

Several days after TelexFree's late-night bankruptcy filing in a Nevada bankruptcy court, U.S. Trustee Tracy Hope Davis filed a motion seeking appointing of a Chapter 11 Trustee pursuant to §1104 (a) (the "Motion").  In the Motion, Ms. Davis argued that appointment of a trustee was warranted based on the "compelling evidence of fraud," as well as for the interests of investors and creditors seeking financial accountability.  While appointment of an independent trustee is common in bankruptcy filings under Chapters 7 and 13, an entity's desire to reorganize under Chapter 11 and later emerge as a stronger entity often results in the entity's original management continuing to oversee operations during the entity's time in bankruptcy.  However, Section 1104(a) specifically contemplates appointment of an independent trustee in a Chapter 11 case in several situations, including

for cause, including fraud, dishonesty, incompetence, or gross mismanagement of the affairs of the debtor by current management, either before or after the commencement of the case, or similar cause, but not including the number of holders of securities of the debtor or the amount of assets or liabilities of the debtor.

The Motion specifically cites Section 1104, noting that "the appointment of a Chapter 11 trustee would clearly be in the interests of the creditors of this estate" in light of the pending civil actions by the Securities and Exchange Commission and the Massachusetts Securities Division ("MSD").  The Motion notes that "the pyramid has collapsed," and also recounts the discovery of nearly $38 million in cashier's checks in the possession of TelexFree's interim CFO during a raid of the company's Massachusetts headquarters.  The Motion also thoroughly summarizes the pertinent facts alleged in the complaints filed by the Commission and the MSD.

The Motion argues that cause for the appointment of a Chapter 11 trustee is clearly established by the "fraudulent and dishonest acts committed by the principals and the officers of [TelexFree]."  Fraud is also evident by the very nature of Ponzi schemes, which are "fraudulent by definition." Donell v. Kowell, 533 F.3d 762, 767 n2 (9th Cir. 2008).  Under the definition of a Ponzi scheme as set forth by a recent Ohio Bankruptcy Court, the Motion concludes that:

Given the facts alleged in the SEC case, TelexFree appears to be engaged in a classic Ponzi scheme.

Now that an independent trustee will be appointed, he/she will follow Section 1106, which includes the filing of a statement of investigation, as soon as practicable, that includes "any fact ascertained pertaining to fraud, dishonesty, incompetence, misconduct, mismanagement, or irregularity in the management of the affairs of the debtor..."  Additionally, the trustee may recommend the conversion of the case to another Chapter under the Bankruptcy Code, including a liquidation under Chapter 7.  

Order

 

Chicago Fund Manager Charged With $11 Million Ponzi Scheme

Civil and criminal authorities filed charges against a Chicago fund manager alleging that he ran a Ponzi scheme that took in more than $11 million from investors.  Neal V. Goyal, 33, was the subject of an emergency civil enforcement action filed yesterday brought by the Securities and Exchange Commission.  In a parallel criminal action, federal authorities charged Goyal with a single count of wire fraud.  The Commission's action is seeking injunctive relief, disgorgement of ill-gotten gains, and civil penalties, while Goyal could face up to twenty years in prison on the criminal charge.

Goyal owned and managed two investment advisors: Blue Horizon Asset Management ("Blue Horizon") and Caldera Advisors, LLC ("Caldera").  Blue Horizon and Caldera, neither of which is registered with the Commission, act as investment advisers to four investment funds created by Goyal (collectively, the "Funds").  Beginning in 2006,  while he was attending law school at the Thomas Jefferson School of Law, Goyal began raising funds from friends and family members.  Potential investors were told that the Funds primarily invested in equities, and employed a "long-short" strategy that involved holding both long and short positions.  According to account statements provided to investors from 2011 to 2013, the Funds returned at least 17% per year.  In total, Goyal raised more than $11 million from at least 35 investors.

However, Goyal was not the savvy trader investors were led to believe.  Indeed, his initial trading resulted in substantial losses, and he ceased trading completely by January 2009.  Instead, Goyal used investor funds to pay returns to existing investors - a classic hallmark of a Ponzi scheme.  Additionally, Goyal misappropriated investor funds to sustain his lavish lifestyle, including more than $1 million for two homes, more than $200,000 in investments in a Chicago tavern, luxury vacations and custom-tailored suits, and $100,000 for a children's clothing boutique operated by his wife.  Indeed, despite the fact that his wife's children's clothing boutique was losing money, Goyal used investor funds to help the business expand to a second location.  

The Commission's complaint is below:

Comp 23008

Zeek Receiver Seeks Approval For 40% Distribution

Nearly two years after his appointment, the court-appointed receiver for the $600 million Zeek Rewards Ponzi scheme has asked a North Carolina federal court for approval to make an initial 40% distribution to over 100,000 victims.  The Receiver, Kenneth D. Bell, filed his Motion to Authorize First Interim Distribution, Establish Record Dates, and Set First Interim Distribution Date (the "Distribution Motion") yesterday.  In the Distribution Motion, the Receiver seeks to begin making distributions to victims as soon as September 30, 2014.

The Securities and Exchange Commission filed an emergency enforcement action against Zeek Rewards in August 2012, alleging that the wildly popular online penny-auction site was, in reality, a massive pyramid and Ponzi scheme that was on the verge of collapse.  After a claims process was initiated last year, Bell ultimately received approximately 175,000 claims asserting cumulative losses of over $650 million.  

Given the sheer number of claims received, which is believed to be (by far) the largest number ever involved in a Ponzi scheme receivership, Bell's team was forced to adopt several unique procedures to timely and efficiently process each claim.  This included the appointment of a special master to resolve disputes between claimants and Bell, as well as the discretion to utilize Bell's discretion to approve claim discrepancies that did not exceed the amount contained in the company's database by more than $10,000.

As of the filing of the Distribution Motion, Bell's team had issued more than 150,000 Claim Determinations to victims.  Claimants that subsequently returned the required Release and OFAC Certification had their claim converted to an Allowed Claim - and thus eligible for a distribution.  To date, more than 80,000 claims are considered Allowed Claims by Bell's team.  According to the Distribution Motion, those approximately 67,000 claimants that have received a claim determination but have not yet returned the required Release will have until August 15, 2014 to do so to be considered eligible to receive a distribution on September 30, 2014.  

Previous Ponzitracker coverage of ZeekRewards is here.

The Distribution Motion is below:

Zeek Receiver's Motion

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.