Securities and Exchange Commission v. One Wall Street, Inc

“U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 20826 / December 12, 2008

Securities and Exchange Commission v. One Wall Street, Inc., Donte C. Jarvis, Alan Brown, Willis “Bill” White III, and Cecil Baptiste, also known as John Latorri, 06 Civ. 4217 (NGG)(ARL) (E.D.N.Y.)

Court Orders Defendants One Wall Street, Inc., Donte C. Jarvis, Willis “Bill” White III and Cecil Baptiste, also Known as John Latorri, to Disgorge Ill-Gotten Gains and to Pay Civil Penalty in Fraud Against Senior Citizens; Court Also Orders Relief Defendant La Shondra Hatter to Make Disgorgement.

On December 11, 2008 the Honorable Nicholas Garaufis of the United States District Court for the Eastern District of New York entered final judgments against defendants One Wall Street, Inc. (“One Wall Street”), formerly of Hicksville, New York, Donte C. Jarvis, of Wheatley Heights, New York, Willis “Bill” White III, formerly of West Hempstead, New York, and Cecil Baptiste, also known as John Latorri (“Baptiste”), formerly of Queens Village, New York (collectively, the “defendants”). The Court enjoined the defendants from future violations of the registration provisions of Sections 5(a) and 5(c) of the Securities Act of 1933 and of the antifraud provisions of Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Court also each of them to pay disgorgement, prejudgment interest and a civil monetary penalty. In addition the Court entered a final judgment against relief defendant La Shondra Hatter, Jarvis’ wife, also of Wheatley Heights, New York, ordering her to pay disgorgement. Previously, on October 24, 2007, the Court had entered default judgments against each of these parties and reserved ruling on the Commission’s motions for disgorgement, prejudgment interest and civil monetary penalties pending the recommendations of Magistrate Judge Arlene Rosario Lindsay for a determination of the amounts of each claim. In entering the final judgments, the Court adopted Judge Lindsay’s recommendations, dated September 4, 2008.

The judgments order the disgorgement of the ill-gotten gains obtained by the defendants from at least 64 investors, many of whom were senior citizens, and at least one of whom lost a significant part of his life savings as a result of defendants’ fraud. Considering the defendant’s significant fraudulent conduct, the Court also imposed third-tier civil penalties on each of them and barred each of them from further violations of the registration and anti-fraud provisions of the federal securities laws.

The Commission’s complaint alleged that One Wall Street, Jarvis, White, and Baptiste sold unregistered shares of One Wall Street to investors through numerous oral and written false and misleading statements. These defendants, together with Alan Brown, against whom a final judgment was entered in January 2008, raised at least $1.925 million from the investing public.

Judge Garaufis ordered that: (i) One Wall Street and Jarvis disgorge $1,925,620, together with prejudgment interest of $526,379.03, and pay a civil penalty of $1,925,620; (ii) White disgorge $1,000, together with prejudgment interest of $275.94, and pay a civil penalty of $30,000; and (iii) Baptiste disgorge $198,619.08, together with prejudgment interest of $47,895.44, and pay a civil penalty of $198,619.08. Judge Garaufis further ordered the relief defendant Hatter to disgorge the $166,570.80 she received from Jarvis, together with prejudgment interest of $32,122.07.

For further information, see Litigation Release No. 19809 (Aug. 21, 2006), Litigation Release No. 19823 (Sept. 6, 2006), Litigation Release 20123 (May 22, 2007) and Litigation Release 20421 (January 3, 2008).”

Related:

August 22, 2006 One Wall Street Inc. at CrossingWallStreet.com – make sure to hit the “jackpot” at the end!

http://www.sec.gov/litigation/litreleases/2008/lr20826.htm”

Middlesex County Couple Admits Fleecing Investors of $2.5 Million

Press release from United States Department of Justice

United States Department of Justice
U.S. Attorney, District of New Jersey
970 Broad Street, Seventh Floor
Newark, New Jersey 07102

NEWARK – A husband and wife from Middlesex County who operated a tax preparation business pleaded guilty today to participating in a scheme to defraud investors out of nearly $2.5 million and to evading the payment of federal income taxes, U.S. Attorney Christopher J. Christie announced.

Charles Neely, 60, and Janet Neely, 54, of South River, pleaded guilty today before U.S. District Judge William J. Martini to conspiring to commit mail fraud, mail fraud and tax evasion. The Neelys also agreed to forfeit property to the United States, including seven tow trucks (from a family towing business), a bank account worth approximately $60,000 and a 2002 Pontiac Trans Am and a 2002 Cadillac Deville. All were alleged to have been derived from proceeds of the fraud. Bail was set at $500,000 for each defendant.

According to separate criminal Informations to which they pleaded guilty, the Neelys owned and operated Neely Associates, a tax preparation business in East Brunswick. Through Neely Associates, Charles and Janet also purported to provide investment services to clients, even though neither of them was licensed by the State of New Jersey to provide such services.

In executing their scheme to defraud, Janet Neely solicited clients to invest money with Neely Associates and induced them to do so with false representations that their money would be invested in municipal bond funds, would be safe and would earn tax-free interest on their investments. To further induce investors to invest with Neely Associates, the Neelys created and provided to investors fabricated account statements that made it appear as if the investors’ money had been invested as promised.

From approximately January 2002 through approximately February 2008, the Neelys admitted that they defrauded approximately 47 investors out of almost $2.5 million. Several of the investors were senior citizens, and many of the investors entrusted the Neelys with their life savings.

Instead of investing the money they stole from investors as promised, the Neelys admitted that they used it for their own personal benefit. According to the Informations, the Neelys gambled away some of the investors’ money at casinos in New Jersey and elsewhere, and spent some of the money on cruises, cars, tow trucks, collectibles, electronics and other personal items.

The Information also charges that the Neelys failed to disclose the income they were receiving from the investors to the Internal Revenue Service, and thus evaded the payment of income taxes for tax years 2003 through 2006.

The Neelys specifically acknowledged that, in one example, they defrauded an investor with the initials G.L., a 75-year old who resided first in Harrison and later in Lakewood, out of approximately $350,000, by promising him that they would invest his money and manage his finances to provide him financial security for the rest of his life.

The Neelys also admitted that they filed false joint federal income tax returns for tax years 2003 through 2006, that they did not disclose to the IRS the money they had received from the investors, and that they owe the IRS almost $600,000 in outstanding taxes.

This case arose from an investigation begun by the Middlesex County Prosecutor’s Office. After receiving information that the Neelys had defrauded the investor with the initials G.L., Middlesex conducted search and seizure warrants (seizing the seven tow trucks, two cars and bank account), and arrested the Neelys on state fraud charges. Upon learning that the Neelys had also defrauded numerous other victims throughout the state of New Jersey, the Prosecutor’s Office contacted the Federal Bureau of Investigation, Internal Revenue Service, Criminal Investigation Division and the U.S. Attorney’s Office. A joint investigation with Middlesex County followed, leading to today’s guilty pleas.

The Neelys each face a maximum statutory prison sentence of five years on the conspiracy count, 20 years on the mail fraud count, and five years on the tax evasion count. The sentencing court may impose the sentences on each count consecutively. The Neelys also face a statutory maximum fine of $250,000.

In determining an actual sentence, Judge Martini will consult the advisory U. S. Sentencing Guidelines, based upon a formula that takes into account the severity and characteristics of the offenses and the defendants’ criminal histories, if any. However, the Sentencing Guidelines are only advisory, and Judge Martini has wide discretion in imposing sentence. There is no parole in the federal system, and defendants who are given custodial terms must serve nearly all that time.

  • U.S. Attorney Christopher J. Christie credited Special Agents of the FBI, under thedirection of Special Agent in Charge Weysan Dun, Special Agents of the IRS Criminal Investigation Division, under the direction of Special Agent in Charge William P. Offord, Postal Inspectors with the U.S. Postal Inspection Service, under the direction of Postal Inspector in Charge David L. Collins, and Special Agents of the Social Security Administration Office of Inspector General, with developing the case. Christie also thanked Middlesex County Prosecutor Bruce J. Kaplan and his investigators for their joint efforts in the case.
  • U.S. Attorney’s Office in Newark.

The government is represented by Assistant United States Attorney Maureen Nakly of the

– end

Defense counsel for Charles Neely: Lawrence Bitterman, Esq.
Defense counsel for Janet Neely: Joseph Benedict, Esq.

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