California Court Sentences Ponzi Schemer to 100 Years

The SEC announced today that on September 28, 2009 the United States District Court for the Central District of California sentenced Richard M. Harkless, 65, of Riverside, California to 100 years in federal prison. Harkless was convicted in July of three counts of mail fraud, three counts of wire fraud, and one count of money laundering. According to the United States Attorney’s Office, Harkless’s sentence is believed to be the longest ever imposed in a white collar crime in the Central District of California.

Harkless was charged by the United States Attorney’s Office for the Central District of California with orchestrating a multi-million dollar Ponzi scheme between 2000 and late 2003. Harkless and his sales agents fraudulently induced investors nationwide to invest in Mx Factors’ notes, which purportedly paid a “guaranteed” return of up to 14% every two to three months. Mx Factors claimed that it would use the investor funds to provide its clients - construction contractors, wholesalers, and manufacturers - with accounts receivable financing. Instead, Harkless operated a Ponzi scheme and skimmed investor funds to finance a Mexican crab fishing business, pay personal expenses, and fund overseas bank accounts. In February 2004, the Commission obtained a restraining order against Harkless, Mx Factors, and the sales agents, and federal criminal authorities executed search warrants. Harkless fled to Mexico shortly thereafter. Harkless was arrested by special agents with IRS-Criminal Investigation two years ago when he traveled to Phoenix.

In a related proceeding, the Commission obtained a final judgment against Harkless on February 6, 2006. That judgment permanently enjoins Harkless from future securities law violations and orders him to pay over $42 million in disgorgement, prejudgment interest, and civil penalties. The Commission also obtained a judgment by default against Mx Factors and its sales agents BBH Resources and JTL Financial. Mx Factors, BBH Resources, and JTL Financial have been under the control of a court-appointed receiver since the Commission’s action was filed on February 26, 2004 in federal district court in Riverside, California. And, on June 2, 2006, the Commission obtained a final judgment against Harkless’s three sales agents, Daniel Berardi, Jr., Thomas Hawkesworth, and Randall W. Harding ordering disgorgement, prejudgment interest, and civil penalties. The judgment orders Berardi and Hawkesworth, managing members of BBH Resources, LLC, to pay over $11 million in disgorgement, prejudgment interest, and civil penalties. The judgment orders Harding, managing member of JTL Financial Group, LLC, to pay over $17 million in disgorgement, prejudgment interest, and civil penalties. Berardi, Hawkesworth, and Harding received sentences of up to six years as part of the criminal proceeding.

Source

Posted in California Securities, Ponzi Schemes | No Comments »

California Man Sentenced to 19 Years for Investment Fraud

A California man was ordered to serve 19  years in prison for a Ponzi scheme that federal prosecutors say financially devastated dozens of victims.

Stefan Wilson plead  guilty earlier this year to wire fraud and tax evasion charges. Wilson was also ordered to pay restitution of more $12 million.

Federal prosecutors say Wilson bilked nearly 80 people out of millions of dollars by promising returns of 1824 percent in an investment fund. Some of the victims say they lost their homes or were forced to come out of retirement.

While he was wrecking peoples lives, I’m not sure this sentence is necessary. He’s not a dangerous man unless hes involved in securities, so just don’t make that an option for him and take more of his money rather than spend tax payer money having him locked up.

Tags: Californa Investment Fraud
Posted in California Securities | No Comments »

City of Los Angeles Tax Penalty Amnesty Program

The City of Los Angeles Office of Finance recently implemented a Tax Penalty Amnesty Program (the “Program”) that allows businesses that have not registered with the Office of Finance, or that have unpaid taxes or underreported gross receipts, to avoid a penalty of up to 40% of the tax due for tax periods ending on or before July 31, 2009.

The following city taxes qualify for amnesty:

* Business Tax

* Telephone, Electricity and Gas Users Taxes

* Commercial Tenant’s Occupancy Tax

* Transient Occupancy Tax

*  Parking Occupancy Tax
Source

Posted in California Securities | No Comments »

Wells Fargo accused of securities fraud in state lawsuit

The state of California accused Wells Fargo & Co. of fraud Thursday for the company’s role in an investment meltdown that has been compared to the Bernard Madoff scandal in magnitude.

Atty. Gen. Jerry Brown sued three Wells Fargo investment subsidiaries, alleging they committed securities fraud by telling California investors that $1.5 billion of risky securities sold to them were as safe as cash.

The securities “were sold to customers on the basis that they were like cash and people could get their money back in eight days,” Brown said in an interview. “Now, it turns out they were not like cash and people can’t get their money back even after many, many months, and they’re mad as hell.”

The lawsuit, filed in state court in San Francisco, seeks to recover the money invested by about 2,400 Californians in what are known as auction-rate securities marketed by the Wells Fargo subsidiaries.

Auction-rate securities, generally backed by student loans, municipal bonds or other debt, have interest rates that are reset periodically through auctions — sometimes as often as once a week. More than $330 billion of the securities were sold in recent years to investors attracted to their yields, which could be a percentage point or more above a typical money market fund.

Regulators have alleged that many banks and investment firms deceived their clients into believing that auction-rate securities were as safe as a money market account. But when the market for auction-rate securities collapsed in February 2008, many investors couldn’t sell the securities, or could sell them only at a loss.

“Auction-rate preferred securities is the largest fraud ever perpetuated by Wall Street on investors,” said Harry Newton, a private investor who operates the AuctionRatePreferreds.org website. “It dwarfs all frauds in history, including Madoff.”

Several financial-service companies that issued auction-rate debt have agreed to repurchase billions of dollars of the devalued securities to settle claims by regulators that they defrauded investors.

Last month, Wachovia Corp., which Wells Fargo acquired last year, agreed to repurchase $1.5 billion of the securities from California investors in a settlement with the state Department of Corporations that also included a division of Citigroup Inc. Brown said that case didn’t involve the securities at issue in the lawsuit he filed Thursday.

Brown’s lawsuit names Wells Fargo Investments, Wells Fargo Brokerage Services and Wells Fargo Institutional Services as defendants. It alleges that they began selling auction-rate securities in 2001 and continued to sell them right up to the collapse of the market last year, despite signs that the market was beginning to crack in the second half of 2007.

The state alleges that Wells Fargo sales personnel weren’t properly trained in the intricacies of auction-rate securities, and that the risks of the investments weren’t explained to clients. Investors included retirees and small businesses, and accounts ranged from $25,000 into the millions of dollars, the suit says.

In one case cited by Brown, a Bay Area company shifted $400,000 in working capital from a money market account to auction-rate securities. The business intended to use the money to expand, according to the attorney general’s office, but when the auction-rate market failed, the company couldn’t access the money and instead was forced to lay off workers.

San Francisco-based Wells Fargo disputed the state’s allegations, saying it had taken steps to help customers hit by the collapse of the auction-rate market, including offering loans to tide them over.

“We fully understand and deeply regret the effects this prolonged liquidity crisis has had on our clients,” Charles W. Daggs, chief executive of Wells Fargo Investments, said in a statement.

“Wells Fargo could not have predicted these extraordinary circumstances, and even with the benefit of hindsight is not responsible for them.”

Wells Fargo also is facing similar action from the state of Washington.

Andrew Stoltmann, a Chicago attorney representing several auction-rate securities investors with claims against brokerage firms, said it was “unfortunate that it’s taken as long as it has for the California attorney general to act on this issue, but better late than never.”

A spokesman for Brown said, “We try to be careful in doing our work and bringing the strongest possible case.”

Source

Tags: Wells Fargo Securities Fraud
Posted in California Securities, Securities Fraud | No Comments »