FORMER INVESTMENT ADVISOR ARRAIGNED ON SECURITIES FRAUD CHARGES

1/5/2009 FBI Press Release

Atlanta, GA – FREDERICK J. BARTON, 48, of Atlanta, Georgia, was arraigned today before United States Magistrate Judge C. Christopher Hagy on federal charges of wire fraud, mail fraud, and securities fraud.  BARTON was indicted by a federal grand jury on December 2, 2008.

“This indictment charges a former stockbroker and investment advisor with diverting client money to himself, including $1 million from an elderly woman suffering from Alzheimer’s disease,” said United States Attorney David E. Nahmias.  “Today’s arraignment marks the beginning of the process by which the defendant and his alleged frauds will be brought to the bar of justice.”

According to Nahmias and the documents and information presented in court: The 13-count indictment alleges that BARTON, a former investment manager, defrauded several clients and investors of approximately $3 million, including almost the entire life savings of an elderly woman suffering from Alzheimer’s disease.  From at least 1995 through 2002, BARTON was a manager at an Atlanta branch of the national brokerage firm A.G. Edwards & Sons, Inc., based in St. Louis, Missouri.  After he was terminated from A.G. Edwards in 2002, he began his own investment advisory firms, Barton Asset Management, LLC and Twinspan Capital, LLC, both based in Atlanta.  The indictment alleges that on numerous occasions from at least 2001 through 2007 – before and after leaving A.G. Edwards – BARTON fraudulently diverted to himself client funds that he was entrusted with investing.

In particular, the indictment alleges that BARTON defrauded a 90-year old Alzheimer’s patient, identified in the indictment by her initials, RF.  After having learned of RF’s diagnosis in 2001, BARTON allegedly fraudulently diverted over $1 million of RF’s assets to his own checking account, which he spent on personal lifestyle expenses and to fund the development of Twinspan Capital.  As a result, the balance in RF’s investment and bank accounts fell from approximately $1.3 million in 1999 to less than $100 in 2004.

In addition to diverting client money from RF and others, the indictment alleges that BARTON committed securities fraud by selling shares in his new company, Twinspan, based on false pretenses.  Specifically, he raised over $1 million in investments in Twinspan by claiming that he would use the proceeds to operate and grow the business.  However, the indictment alleges that he instead diverted at least half of these supposed investments to himself, which he used to satisfy personal debts and pay personal lifestyle expenses.

On June 3, 2008, the United States Securities and Exchange Commission (SEC) filed a civil enforcement action against BARTON, alleging violations of the anti-fraud provisions of the securities laws, in U.S. District Court in Atlanta.  That case is currently pending before U.S. District Judge Richard W. Story.

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by Special Agents of the Federal Bureau of Investigation.

Assistant United States Attorney Justin S. Anand is prosecuting the case.

For further information please contact David E. Nahmias (pronounced NAH-me-us), United States Attorney, or Charysse L. Alexander, Executive Assistant United States Attorney, through Patrick Crosby, Public Affairs Officer, U.S. Attorney’s Office, at (404) 581-6016.  The Internet address for the HomePage for the U.S. Attorney’s Office for the Northern District of Georgia is www.usdoj.gov/usao/gan.

Ripoff Artists Target Grandparents

From the FTC on November 25, 2008:

Complaints are on the rise about a scam that preys on a grandparent’s love, according to the Federal Trade Commission.

A scammer calls posing as a grandchild in distress, and tries to put the squeeze on the grandparent to wire money for repairing a car, paying a fine, or getting out of trouble in a foreign country.

FTC’s description of how the scam works and how to avoid getting caught up in the “grandparent’s scam”:

A Scam Based on Relative-ity: Would-Be Grandchildren Bilking Honest Grandparents

“Grandma! Hi, how are you?”
“Hi, Billy. How are you?”
“Actually, I’m in some trouble, and don’t want Mom and Dad to know…”

Seems like an ordinary phone call from your grandchild, right? It may be — at least until the caller claims that he needs cash to fix a car, get out of jail, or leave a foreign country. He begs you to wire money right away and to keep the request confidential. If you think that sounds like a red flag, the Federal Trade Commission (FTC), the nation’s consumer protection agency, says you’re right.

Victims of this scam often don’t realize they’ve made a mistake until days later, when they speak to their grandchild and he knows nothing about the phone call. By then, the money the grandparent wired is not only long gone, but also irretrievable. Scammers usually pressure people to wire money through commercial money transfer companies like Western Union and Money Gram because wiring money is the same as sending cash. The chances of recovery are slim to none.

The FTC says the number of complaints about this type of scam is on the rise. In some cases, the scammers know the names of family members and manage a deft impersonation. In others, they trick a grandparent into giving up a grandchild’s name. The callers often claim to be in Canada and ask that the money be wired there. Sometimes, a third person gets in the act, pretending to be a police officer or bondsman to confirm the bogus story.

Regardless of the particulars, a grandparent’s love and concern often can outweigh their usual skepticism. In fact, say fraud fighters at the FTC, that’s what the bad guys are banking on.

But grandparents and other caring individuals can learn how to avoid being taken in by a fake emergency. If you get a call from a family member asking you to wire money, for example, don’t panic — and do resist the urge to act immediately. The FTC says:

  • Try to verify the caller’s identity by asking personal questions a stranger couldn’t answer.
  • Resist the pressure to act immediately; don’t be afraid to use a phone number you know to be genuine to call back. If you don’t have the relative’s phone number, get in touch with the person’s parent, spouse, or another close family member to check out the story before you send any money, even if you’ve been told to keep the event a secret.
  • If you can’t reach a family member and still aren’t sure what to do, call your local police on the non-emergency line. They can help you sort things out.
  • No matter how dramatic the story, don’t wire money. Don’t send a check or money order by overnight delivery or courier, either. Con artists recommend these services so they can get your money before you realize you’ve been cheated.
  • Report possible fraud at ftc.gov or by calling 1-877-FTC-HELP.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.