Ponzi Schemer Who Robbed Bank With Fake Bomb Gets 79-Month Sentence

A New York man who attempted to rob a Florida bank with a fake bomb after being arrested for a $20 million Ponzi scheme has been sentenced to a 79-month prison sentence for his scheme.  Louis J. Spina, who once had a successful career as one of the youngest members of the New York Stock Exchange, pleaded guilty to wire fraud late last year to settle charges he masterminded a $20 million Ponzi scheme.  The sentence will be served on top of the 41-month sentence Spina previously received after pleading guilty to robbing a Florida bank brandishing a fake bomb.  U.S. District Judge Anne E. Thompson ordered Spina to forfeit over $800,000 and to pay approximately $12.7 million in restitution to his victims.  

The Scheme

Spina's story reads like a gripping Hollywood thriller.  With only a high school diploma, Spina started working for the New York Stock Exchange at the age of 19.  Spina apparently had a penchant for Wall Street, becoming an NYSE member at age 27 and taking home at least $800,000 in annual pay during an 18-year period beginning in 1983.  Spina, who apparently had a knack for being captured by media outlets on the trading floor (see here, here, and here), ultimately spent over 25 years on Wall Street.

In 2010, Spina left Wall Street and formed LJS Trading, LLC ("LJS").  Potential investors were told that Spina could deliver annual returns ranging from 9% to 14% through trading in various stocks and equities, wit the understanding that Spina would be entitled to keep any surplus profits.  Spina would ultimately raise approximately $20 million from dozens of investors.

However, Spina ultimately used less than 50% of investor funds for their stated purpose, and indeed lost the entirety of the $9.5 million he invested.  He spent the remainder of investor funds to sustain a lavish lifestyle that included expensive cars, luxury real estate, and even a $400,000 donation to a private university.

When investors began questioning Spina about the safety of their funds, Spina provided them with "screenshots" of his trading account displaying a large balance.  According to the FBI, this balance was not the accurate balance, but simply a display of the 100-to-1 margin purchasing power used by Spina.  In late 2013, Spina told investors that he was in talks to sell the company to an unnamed wealthy individual that could offer even higher annual returns of 14% to 30% - and succeeded in raising an additional nearly $2 million.  

"Rock bottom"

However, there was no wealthy benefactor waiting in the wings, and Spina was arrested in November 2013 on federal charges that he was operating a Ponzi scheme.  Several months after his arrest, Spina entered a Wells Fargo branch in Coral Gables, Florida, wearing a black ski mask over his head and carrying a bag which he claimed contained a live bomb that he had crudely assembled using a Pyrex bowl and a strainer.  Spina made off with approximately $16,000 from the heist, but a witness observed his getaway and reported his plates to authorities.  Spina was arrested without incident the following day, where he confessed to authorities that he had robbed the bank, used a key fob to simulate a detonator, and used most of the robbery proceeds to pay bills.  

As federal prison does not have a parole system, Spina must serve at least 85% of his sentence.

"Brooklyn Madoff" Ponzi Victims Sue Banks For $36 Million

Several dozen victims of a massive Ponzi scheme masterminded by a Brooklyn man dubbed the "Bernie Madoff of Bay Ridge" have filed a lawsuit seeking over $36 million from several financial institutions that allegedly aided the decades-long Ponzi scheme.  Over two dozen victims of Philip Barry, who is currently serving a 20-year prison sentence after a federal jury convicted him of 34 fraud counts, filed suit against banking behemoths JP Morgan, TD Bank, HSBC, and M&T Bank, seeking $11.1 million in compensatory damages and an additional $25 million in punitive damages for the banks' failure to detect Barry's fraud despite purported red flags that included over 1,000 bounced checks and large repetitive transactions.  A federal judge previously dismissed a similar suit brought by Barry victims, concluding that the claims were precluded by the Securities Litigation Uniform Standards Act ("SLUSA").

Barry was convicted of running one of the longest Ponzi schemes in history, ultimately defrauding hundreds of victims out of approximately $40 million.  Beginning in 1978, Barry used his firms, Leverage Group, Leverage Option Management Co., Inc, and North American Financial Services, to solicit investors based on promises of consistent and risk-free returns of up to 21% annually through trading in options and other securities.  Barry not only guaranteed returns to investors, but also claimed to some that their investment would be protected from loss from either privately-obtained insurance or his firms' membership in the Securities Investor Protection Corporation ("SIPC") - the same industry group that is funding recovery efforts on behalf of Bernard Madoff victims.  

However, according to authorities, Barry ceased making investments on his victims' behalf as early as 1999, instead diverting funds for his own personal use and also using new investor funds to make fictitious interest payments to existing investors.  Barry purchased dozens of parcels of real estate, supported a lavish lifestyle, and even propped up a mail-order pornography business he owned.  After the financial downturn wreaked havoc on his real estate holdings, Barry filed bankruptcy in 2008 and later turned himself in to authorities.  He was convicted by a federal jury of 34 fraud counts in 2010 and later sentenced to a 20-year term in 2011.  Given his bankruptcy filing, it is unlikely that his remaining assets will ever yield any meaningful recovery for victims.

According to the investors, Barry through his company Leverage Group, used accounts at the accused financial institutions to carry out the fraud, and that the financial institutions shirked their regulatory obligations in favor of reaping profits from Barry's frequent and significant banking activity.  For example, Barry is accused of bouncing more than 1,000 checks from 2004 to 2009, resulting in nearly $50,000 in overdraft fees that somehow did not result in further investigation.  The banks are further accused of failing to follow "know your customer" rules that, if heeded, might have prompted further investigation of Barry's activities that could have unearthed the fraud.  

Barry's fraud was chronicled in an episode of CNBC's "American Greed," which featured participation by Barry.  The video is below:

Miami Investment Adviser Accused Of $2 Million Ponzi Scheme Targeting Retired Public Sector Employees

A Miami man is facing civil and criminal fraud charges after authorities say he ran a Ponzi scheme that raised over $2 million from numerous public sector retirees including law enforcement officers and teachers.  Phil Donahue Williamson, 48, faces charges from both the Securities and Exchange Commission and the U.S. Attorney's Office that he misappropriated or misused nearly $1 million in investor funds raised under the guise of investing in distressed real estate.  While Williamson has agreed to settle the Commission's charges by paying nearly $750,000 in disgorgement of ill-gotten gains, the criminal charges remain pending.

According to authorities, Williamson operated as an unregistered investment adviser based in Miami, Florida.  Touting investment vehicles he had purportedly formed to invest in distressed properties in Florida and Georgia, Williamson solicited investors, including public sector retirees, with the promise of an annual return ranging from 8% to 12%.  Williamson's investors came not only through word-of-mouth, but also from Williamson's hosting of financial seminars at local churches.  Potential investors were assured that their investment was risk-free, and that their funds would be available at any time.  Some investors were even assured that Williamson would make them whole in the event anything happened to their invested principal.  In total, Williamson raised over $2 million from at least 17 investors.

However, Williamson is accused of failing to invest funds as promised.  Instead, Williamson allegedly commingled investor funds, misappropriated funds for his own personal use, and used investor funds to pay returns to existing investors - a classic hallmark of a Ponzi scheme. Indeed, of the $2 million raised from investors, Williamson paid nearly $700,000 in purported "returns," nearly $400,000 in personal expenses such as mortgage and BMW payments as well as his children's tuition, and nearly $400,000 in transfers to third parties that appear to be unrelated to the promised investment.  

The Commission's complaint is below.

Williamson

SEC Seeks Deceased Alleged Ponzi Schemer's Life Insurance Proceeds To Pay Victims

The recent death of a Wisconsin insurance agent accused by the Securities and Exchange Commission of operating a multi-million dollar Ponzi scheme has taken a new twist as authorities seek to use millions of dollars in life insurance policy proceeds to pay back the accused's defrauded victims.  Loren Holzhueter was charged by the Commission in January with using his insurance brokerage firm to operate a Ponzi scheme that may have duped victims of over $10 million.  Following his death in late April, authorities discovered that Holzhueter had apparently purchased a significant amount of life insurance that is now the subject of negotiations between authorities and Holzhueter's lawyer and could potentially result in a significant return to the alleged con man's victims.

The Scheme

According to the Commission, Holzhueter owned a tax preparation business, Quality Tax and Accounting Services ("QTAS") since 1985.  In the 1990s, Holzhueter joined Insurance Service Center ("ISC"), where he continued to sell his services through QTAS.  After purchasing ISC in 2004, Holzhueter attempted to rapidly expand ISC's business by acquiring other insurance agencies and taking on debt.  This expansion strategy also included raising money from family and friends, with some told that their investment would be used to open investment accounts with ISC while others were told that their funds would be used to expand ISC'soperations or to buy out business partners.  Holzhueter promised these investors varying fixed annual rates of return ranging from 2% to 8%, and assured them that they could withdraw their investments at any time or that they could "reinvest" the interest by declining to withdraw the interest payments from their accounts.  Some investors were provided with a periodic "Summary Sheet" showing the terms of their investment and the balance at a given date.

However, the Commission alleged that Holzhueter was operating the classic Ponzi scheme by intermingling investor funds for a variety of undisclosed uses, including the funding of general operations, payroll for ISC's employees, personal expenses for Holzhueter, and the payment of Ponzi-style payments to existing investors purportedly representing interest payments and/or the return of invested principal.  Nor were investors advised that, as of November 2013, the Internal Revenue Service had executed a search warrant on ISC's business and was conducting an active investigation.  Indeed, Holzhueter is alleged to have not only concealed the IRS investigation, but also to have raised nearly $3 million from additional investors.

Life Insurance Policies

Following Holzhueter's death in late April, it was discovered that Holzhueter had apparently taken out life insurance policies that were set to pay out millions of dollars to Holzhueter's wife and son.  Indeed, a news report recounts a conversation between Holzhueter and a victim back in 2014 in which Holzhueter insinuated that he was "worth more dead than I am alive."   The policies are reportedly set to pay out approximately $9 million to Holzhueter's family - a significant sum that, given the roughly $10 million taken in by Holzhueter in the alleged scheme, could serve to partially or fully repay all victims.  Holzhueter's counsel has confirmed that he is in talks with the Commission to "apply most of the insurance settlements to the note holders," while apparently insinuating that a portion of the proceeds would remain with Holzhueter's widow and son.  Given that Holzhueter is accused of operating a Ponzi scheme and using investor funds to pay fictitious "returns" to existing investors, it is likely that the total net losses attributable to the scheme would be less than the total funds taken in when accounting for interest payments.  

Holzhueter's son, who has been CEO of ISC for the past three months and has been on ISC's payroll for several years, is also reportedly under investigation by authorities and has been linked to efforts to solicit funds from investors.  

A news article recounts a conversation between a victim and Holzhueter back in 2014, 

The Commission's original complaint against Holzhueter is below.

Sec Complaint by jmaglich1

Man Who Claimed Holy Spirit Guided Investing Accused of $3.5 Million Ponzi Scheme

A former Massachusetts church elder is accused of defrauding dozens of investors out of at least $3.5 million with the promise of exorbitant returns through a proprietary day-trading system allegedly revealed to him by the Holy Spirit.  Charles Erickson, of Uxbridge, Massachusetts, was charged by the Massachusetts Securities Division with multiple violations of the Massachusetts Securities Act through the offer and sale of fraudulent and unregistered securities.  The Complaint seeks injunctive relief, compensation for defrauded investors, disgorgement of ill-gotten gains, administrative fines, and other relief.  

According to the Complaint, Erickson allegedly began looking in 2008 for a way to supplement his retirement income, settling on trading volatile E-Mini Russell 2000 futures contracts (the "E-Minis").  Despite having limited investing experience and no day-trading experience, Erickson developed a proprietary system for trading the E-Minis that he claimed had been provided to him by the Holy Spirit.  Indeed, in testimony provided to the Massachusetts Securities Division, he stated:

It's going to sound a little strange to you, but ... I believe the Holy Spirit showed me this system.

When asked by authorities how he determined whether to enter buy or sell orders, he testified:

That's proprietary...I don't want to give my system away.  I don't want to be rude, but this thing flat-out works.

After initially trading with his own money, Erickson began soliciting investors - most of whom he found at his church - with the promise that he could deliver much higher returns than the less-than-one percent returns they were currently earning from their bank.  Erickson, who previously served as a church elder at his local church, told potential investors that they could earn a 4% monthly return, which translated to an annual return of nearly 50%.  Investors were shown a spreadsheet which they understood to be Erickson's actual trading results, and understood that they would receive the promised monthly returns for a period of two years before Erickson would return their invested principal.  In total, Erickson received at least $3.5 million from over 25 investors.

However, despite representing that his system was quite profitable and continuing to accept new investments, authorities allege that Erickson failed to disclose that he began suffering significant trading losses in 2013.  Erickson ceased making interest payments to investors in September 2014, and disclosed in a December 2014 letter to investors that he had "zero capital and almost zero assets."  In a subsequent letter, Erickson claimed that while his system worked, "I did not work the system!"  In questioning from authorities as to why Erickson did not "work the system," Erickson testified "that's a good question."  Erickson later disclosed that the "system" did not generate returns every month, and that he would use "reserves" - investor funds - to pay the guaranteed returns to investors during those situations.  

According to authorities, Erickson's use of new investor funds to pay guaranteed returns to existing investors was a Ponzi scheme that ultimately resulted in the scheme's collapse when available funds were depleted.  While a significant portion of investor funds were ultimately used to pay returns, authorities estimate that investors suffered hundreds of thousands of dollars in losses.  

A copy of the complaint is below.

Complaint