MAN WHO RAN MULTI-MILLION DOLLAR PONZI SCHEME SENTENCED TO FOUR YEARS IN FEDERAL PRISON

1/26/2009 United States Department of Justice Press Release via the F.B.I. Website

Nora R. Dannehy, Acting United States Attorney for the District of Connecticut, announced that DALE L. GRAYBILL, 64, of North Haven, was sentenced today by Senior United States District Judge Peter C. Dorsey in New Haven to 48 months of imprisonment, followed by three years of supervised release, for operating a multi-million dollar Ponzi scheme in which he solicited investments for fictitious investment programs.

According to documents filed with the Court and statements made in court, GRAYBILL falsely represented to investors that he had special access to exclusive, government-backed trading programs that were originally opened only to the very wealthy, but which he could make available to them.  GRAYBILL held meetings at his former residence in Branford and solicited potential investors to invest in “trading programs.”  GRAYBILL told investors that he would place their investment funds in safe, exclusive, offshore, high-yield bank debenture “trading programs” that would produce greater than market rates of returns of up to 25 percent per month at little or no risk.  GRAYBILL further told investors that their funds would be used to facilitate the purchase and sale of newly issued currency and fresh-cut bank debentures at a discount, and that the financial instruments would be sold at a substantial profit, which would generate high returns.  GRAYBILL told investors that their principal was secured by United States Treasury Bills.

After receiving the funds from investors, GRAYBILL would divert the funds for his own personal use and benefit, including paying business expenses, and making lulling payments to investors to create the appearance that the investments were safe, secure, and had been invested as promised.  During the life of the scheme, GRAYBILL’s investors provided millions of dollars to be invested in the so-called “trading programs.”

On June 15, 2005, GRAYBILL pleaded guilty to one count of mail fraud and one count of making and subscribing a false 2002 tax return.  The mail fraud charge stemmed from GRAYBILL’s receipt of a check in the amount of $398,910 in June 2002.  The source of the funds for the check were monies that had been “invested” and were intended to be distributed back to the victim investors.  GRAYBILL did not return the funds, but instead used the funds to pay his own personal expenses, including credit card bills, gambling expenses, and checks to cash.

The false tax return charge stemmed from GRAYBILL’s using the proceeds from the Ponzi scheme without declaring the funds as income, which caused a tax loss to the Government of $93,293 for the 2002 tax year.

Today, Judge Dorsey sentenced GRAYBILL to 48 months of imprisonment on the mail fraud conviction and a concurrent three-year term of imprisonment on the tax conviction.  Judge Dorsey also ordered GRAYBILL to pay to his victims restitution in the amount of $10,672,876.  GRAYBILL also must pay $93,293 to the Internal Revenue Service.

To date, the court-appointed receiver has collected approximately $817,000 in funds that will be distributed to victims.

This case was investigated by the Federal Bureau of Investigation and Internal Revenue Service – Criminal Investigation Division.  The case was prosecuted by Assistant United States Attorney Michael S. McGarry.

SEC Obtains Judgments Against Operators of Prime Bank Scheme

1/28/2009 SEC Litigation Release:

U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 20871 / January 28, 2009

Securities and Exchange Commission v. Asset Recovery and Management Trust, et. al. , United States District Court for the Middle District of Alabama, Civil Action No. 02-CV-01372

SEC Obtains Judgments Against Operators of Prime Bank Scheme

The Securities and Exchange Commission announced today that it recently obtained judgments against three defendants in a previously filed case alleging that the defendants operated a prime bank fraud under the name Asset Recovery and Management Trust (“Armtrust”) that defrauded hundreds of investors of more than $1.21 million. On January 27, 2009, the U.S. District Court for the Middle District of Alabama entered judgment against defendant Milton J. Vaughn, after granting the Commission’s motion for summary judgment, requiring him to pay over $3.3 million in disgorgement of ill-gotten gains plus prejudgment interest and civil penalties. The Court also entered a default judgment the same day against defendant Armtrust requiring that it pay over $2.4 million in disgorgement of ill-gotten gains, prejudgment interest, and civil penalties. In addition, on November 3, 2008, the Court entered a judgment by consent against the estate of defendant Frank R. Johnson, who passed away in 2006. The judgment against Johnson’s estate holds it liable for disgorgement of over $1.5 million of ill-gotten gains plus prejudgment interest, but waives payment of all except $31,855, which represents the only assets remaining in the estate. Finally, also on November 3, 2008, the Court granted the Commission’s motion to dismiss the charges against a fourth defendant, Carlos F. Alfaro. The Court’s recent actions conclude the Commission’s case against all defendants in this case.

According to the Commission’s Complaint, filed on December 16, 2002, from at least 1999 through 2000, Vaughn and Johnson, operating through Armtrust, an offshore entity they created, defrauded several hundred investors by luring them into participating in a fraudulent Prime Bank trading scheme that sold interests in fictitious, high yield offshore trading programs. The Commission’s Complaint alleges that Armtrust purported to offer two things: (1) Arecovery services@ in which Armtrust would attempt to recover lost or stolen funds for people who had invested in other Prime Bank trading programs, and (2) investments in Armtrust=s own supposed high yield, offshore trading programs. The Complaint alleges that Armtrust=s strategy was to lure victims of prior Prime Bank schemes by giving them hope of recouping the funds they lost in past scams and, then, induce them into investing in Armtrust=s own scheme. According to the Complaint, Armtrust falsely led investors to believe they could earn between eight and 15 times their original investment in a matter of months and also guaranteed that the investors= principal was Afully secured” and never at risk. The Complaint alleged, however, that Armtrust=s trading programs never really existed, and when investors attempted to recoup their investments, Armtrust refused to provide the purported profits.

The Court’s judgments provide that:

Armtrust is: permanently enjoined from violating Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 (“Securities Act”) and Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934 (“Exchange Act”); ordered to pay a civil monetary penalty of $300,000; and ordered to pay disgorgement of $1,210,000 in ill-gotten gains plus prejudgment interest of $960,150.78.

Vaughn is: permanently enjoined from violating Sections 5(a), 5(c) and 17(a) of the Securities Act and Section 10(b) and Rule 10b-5 of the Exchange Act; ordered to pay a civil monetary penalty of $1,210,000; and ordered to pay disgorgement of $1,210,000 in ill-gotten gains plus $960,150.78 in prejudgment interest.

The Estate of Frank R. Johnson is held liable for disgorgement of $900,000 in ill-gotten gains plus $657,786 in prejudgment interest, except that payment of all of this amount except for $31,855 is waived due to a demonstrated inability to pay.

In addition to the Commission’s charges, the Alabama Securities Commission brought related criminal charges against Vaughn, Johnson, and Alfaro in December 2004 and January 2005. Those charges were subsequently dismissed at the request of the Alabama Securities Commission.

The SEC acknowledges the assistance and cooperation of the Alabama Securities Commission and the United States Attorney’s Office for the Middle District of Alabama in this matter.

[For further information, see Litigation Release No. 17920 (Jan. 7, 2003).]