Delaware County Man Charged in Large Scale Investment Fraud

1/23/2009 Department of Justice Press Release (via the F.B.I. website):

PHILADELPHIA – Acting United States Attorney Laurie Magid today announced the filing of a criminal complaint¹ against Joseph Forte, charging Forte with mail fraud. According to the affidavit, Forte was the sole general partner of an investment fund, which he used as a pyramid or “Ponzi” scheme to defraud investors of tens of millions of dollars between 1996 and 2008.

According to the affidavit, Forte has admitted to raising at least $50 million in investment capital from roughly 80 investors, including a charity, a church, and a private school. Forte told investors that he was profitably trading in S&P 500 stock index futures contracts. In quarterly “investment reports” mailed to investors, Forte consistently claimed that his trades were profitable, reporting investment returns between 18% and 38%. In fact, according to the affidavit, Forte consistently lost money on his trades and he fabricated the numbers in the investment reports to mislead his investors. In the last 10 years, Forte’s trading account suffered aggregate trading losses of $3.3 million.

The affidavit alleges that Forte only deposited about half of the investors’ money in his trading account. Forte paid himself millions of dollars in salaries and fees, and used over $15 million of investor funds to pay other investors who made redemption requests. Despite the trading account’s actual losses, Forte was able to continue raising money from new investors by falsely reporting high return rates.

“Ponzi schemes such as this exploit the trust and hopes of investors, including friends and charitable institutions,” Magid said. “In these troubled economic times the devastation caused to the victims cannot be overstated. Our office will continue to aggressively prosecute those who use the financial markets to deceive and defraud the public.”

According to the affidavit, Forte used the system of mailing quarterly investment reports as the primary method for misrepresenting his trade performance to individual investors. Via the most recent quarterly report mailed to investors on or about September 30, 2008, Forte reported that his fund had a value of $154,700,189, when in reality the value of the account was less than $150,000. The complaint alleges that on or about September 30, 2008, in order to execute his scheme, Forte caused to be mailed statements which falsely represented his trading activities, as well as the status of investments of individual investors.

“The US Postal Inspection Service is committed to protecting the public’s full confidence in the mail. Postal Inspectors are intent on preserving the integrity of the US mail through vigorous law enforcement, public education, and crime prevention efforts,” said United States Postal Inspector-in-Charge Teresa Thome, of the Philadelphia office.

“The FBI views these types of financial investment frauds as significant problems, because of the devastating effect they have not only on the individual victims who are preyed upon but also the effect they have on the overall economy,” said Special Agent-in-Charge of the Philadelphia Division of the FBI, Janice K. Fedarcyk.

INFORMATION REGARDING THE DEFENDANT

NAME

ADDRESS

AGE

Joseph S. Forte

Broomall, PA

53

If convicted, Forte faces a maximum possible sentence of 20 years imprisonment, a $250,000 fine, and the U.S. Attorney’s Office will seek full restitution for his victims, including forfeiture of any proceeds traceable to the commission of the offenses.

The case was investigated by the United States Postal Inspection Service and the Federal Bureau of Investigation, in cooperation with the Securities and Exchange Commission, the Commodities Futures Trading Commission, and the Delaware County District Attorney’s Office. It is being prosecuted by Assistant United States Attorney Joseph Khan. An complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

¹An complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.

FORMER CHIEF OPERATING OFFICER PLEADS GUILTY IN $132 MILLION SCHEME TO DEFRAUD CLIENTS OF FUNDS ALLEGEDLY HELD IN TRUST

Jan 8, 2009 FBI Press Release

WASHINGTON – A former chief operating officer of Investment Properties of America, based in Richmond, Va., pleaded guilty today to conspiring to commit mail and wire fraud and to making a material false statement to federal investigators, Acting Assistant Attorney General Matthew Friedrich of the Criminal Division and Acting U.S. Attorney Dana Boente for the Eastern District of Virginia announced.

On July 10, 2008, a federal grand jury returned a superseding indictment against Lara Coleman, 40, for her role in a scheme to defraud and obtain millions of dollars in client funds held by the 1031 Tax Group (1031TG), a qualified intermediary company owned by the same person who owned Investment Properties of America.

Coleman, a resident of Houston, entered the guilty plea in U.S. District Court in Richmond before U.S. District Judge Robert E. Payne.  Coleman pleaded guilty to one count of the superseding indictment that charged her with conspiracy to commit mail and wire fraud and to a one-count information charging her with making a material false statement to federal investigators.

According to the plea agreement and statement of facts, Coleman and others used 1031TG and its subsidiaries in a scheme to obtain millions of dollars of client funds by false pretenses.  Section 1031 of the Internal Revenue Code allows investment property owners to defer the capital gains tax that would otherwise be due on properties sold, if the proceeds are used to purchase new property in a specified time frame.  To facilitate such exchanges, investment property owners deposit the proceeds from the sale of their property with qualified intermediaries and sign exchange agreements, which include various promises by the qualified intermediaries to clients regarding the safekeeping of exchange funds in trust.

In the plea agreement and statement of facts, Coleman admitted that 1031TG falsely represented that it would hold client funds solely to complete the clients’ 1031 exchanges.  Coleman admitted that after obtaining clients’ exchange proceeds with that false promise, she and others misappropriated approximately $132 million in client funds to support the lavish lifestyle of the owner of 1031TG, pay operating expenses for the owner’s various companies, invest in commercial real estate and purchase additional qualified intermediary companies to obtain access to additional client funds.  In addition, Coleman admitted that she lied to federal investigators about statements that she had made in 2006 to internal attorneys for Investment Properties of America about the amount of money that she and others had misappropriated.

Coleman has agreed, under the terms of the plea, to a sentence of 10 years in prison. At sentencing, scheduled for May 1, 2009, she also faces a $500,000 fine.  In addition, the indictment seeks forfeiture of all funds and assets owned by Coleman that were derived from or connected to the misappropriation of the approximately $132 million in 1031TG funds.

In related cases, Robert D. Field II and Richard E. Simring have pleaded guilty to participating in the conspiracy to defraud 1031TG customers. Field was the chief financial officer and Simring was the chief legal officer of a holding company that was set up, in part, to oversee both Investment Properties of America and 1031TG, however neither company was ever officially made a subsidiary of the holding company. Both men are also scheduled to be sentenced on May 1, 2009.

This case is being prosecuted by Assistant U.S. Attorney Michael S. Dry for the Eastern District of Virginia and Trial Attorney Brigham Cannon of the Criminal Division’s Fraud Section.  This continuing investigation is being conducted by the U.S. Postal Inspection Service, Internal Revenue Service and the FBI.

‘GAS MAN’ SENTENCED FOR ROLE IN CREDIT CARD MASTERING SCHEME

December 1, 2008 FBI Press Release

Acting United States Attorney Julia C. Dudley announced today that Dereck Lorenzo Dunston, age 40, of Evington, Virginia was sentenced in the United States District Court for the Western District of Virginia in Lynchburg after previously pleading guilty to a variety of fraud charges related to a credit card mastering scheme that operated throughout the Western District of Virginia.

Dunston, Steve Black and Ronald Edward Black, age 26, were charged in a 25-count indictment in February of 2008 with various counts related to credit card fraud. In July, all three men pled guilty to one count of conspiracy to commit mail fraud, wire fraud, bank fraud, identity theft and credit card fraud, one count of bank fraud and one count of aggravated identity theft.

Today in District Court, Dunston was sentenced to 42 months of Federal incarceration. Steve and Ronald Black are scheduled to be sentenced later this month.

“This fraud was as wide-ranging and complex as the geography of the Western District itself. These individuals operated throughout the District, making it difficult for law enforcement to track their fraudulent activities,” Acting United States Attorney Julia C. Dudley said today. “However, thanks to the tireless work of the men and women who investigated these crimes, the fraud was discovered and this defendant has been brought to justice.”

The fraud perpetrated by Black, Black and Dunston involved taking legitimate access device, or credit card, account numbers and encoding them onto counterfeit access devices. The owners of the legitimate account numbers were unaware their information was being placed onto counterfeit devices.

In order to obtain counterfeit cards, Black, Black and Dunston either traveled to New York to pick-up counterfeit access devices personally or had them mailed to a variety of addresses within the Western District of Virginia.

Throughout the Western District of Virginia, Black, Black and Dunston, who were known as the “Gas Men,” used the counterfeit access devices to purchase goods and services from a variety of local merchants, including: 7-eleven, Amoco Oil, Exxon Mobil, Kroger, Sheetz, Shell Oil and Wilco Hess. Specifically, the fraudulent charges were made at locations in Altavista, Bedford, Forest, Harrisonburg, Lynchburg, Madison Heights, Roanoke and Salem.

Black, Black or Dunston would meet individuals at a Lynchburg area car wash and either follow or ride with those individuals to local gas stations. Once there, one or all of the defendants would utilize the pay-at-the pump feature and swipe a counterfeit access device as payment for the gasoline or merchandise just purchased. The defendants would then receive a cash payment for approximately half of the cost of the merchandise or gasoline charged to the counterfeit access devices. The proceeds of the transactions would then be split by Black, Black and Dunston.

As of January 2008, Capital One, the credit card company that had been defrauded the most, had more than 500 accounts compromised that accounted for more than 3,000 fraudulent transactions and over $131,000 in fraudulent charges to be made.

In the most egregious cases, the Sheetz store located at 14480 Wards Road in Lynchburg, received 1,198 fraudulent transactions in the six-month period between April and September of 2007. There were 620 fraudulent transactions made at the Wilco store located at 37332 Campbell Avenue in Lynchburg.

When arrested, Dunston was found to be in possession of eight counterfeit access devices on his person. Authorities found another 155 fraudulent access devices in various locations throughout his residence. Law enforcement officials also found an additional 50 counterfeit gift cards in a United States Postal Service 2-day priority mail envelope addressed to “Mr. Black” at Ronald Black’s home address. A total of 213 counterfeit access devices were found that day that represented a total of twenty different financial institutions from the United States and overseas.

The investigation of this case was begun by the Lynchburg Police Department and handled by the Central Virginia Computer Crimes Task Force, the Federal Bureau of Investigation, the United States Secret Service, the Virginia State Police, the Amherst County Sheriff’s Office, the Campbell County Sheriff’s Office and the Longwood University Police Department. Assistant United States Attorney Charlene R. Day is prosecuting the case for the United States.