Bremen Man Charged with Operating $7 Million Investment Scam

5/13/2009 U.S. Department of Justice Press Release:

NEWNAN, GA—JEFFREY WALLACE “J.W.” EDWARDS, 43, of Bremen, Georgia, has been indicted by a federal grand jury on charges of mail fraud, wire fraud, and money laundering in connection with an alleged $7 million fraud scheme. EDWARDS was arrested this morning and has made an initial appearance before a federal magistrate. EDWARDS is scheduled to have his bond hearing before United States Magistrate Judge Linda Walker on Monday, May 18, at 10:00 a.m. The indictment had been sealed until his first court appearance.

United States Attorney David E. Nahmias said, “In this latest chapter in the long book of investment fraud schemes, a man who lives in a small town in west Georgia allegedly persuaded investors from around the country that with his secret government contacts and other plans, he could make their money multiply into millions. He will now be prosecuted in open court, where he is alleged to actually be just a thief who used lies to steal millions from his victims.”

IRS Criminal Investigation Special Agent in Charge Reginael McDaniel said, “If it sounds to good to be true, it probably is.  People should diligently check out claims of high rates of return before investing.  They should not blindly follow the advice of one person, and should always get a second opinion.”

According to United States Attorney Nahmias, the charges and other information presented in court: Starting in early 2006, EDWARDS allegedly promised investors that they would receive returns of between 40 and 150 percent on the money they placed in his “high yield” investment programs. EDWARDS variously claimed to own a bank, to have access to confidential and lucrative investment opportunities, or to be a “special agent” of the Federal Reserve whom the United States Government had authorized to stimulate the economy with cash injections. Between February 2006 and February 2007, 31 investors mailed or electronically transferred over $7.4 million to EDWARDS, who allegedly spent the money on Haralson County real estate, vehicles, jewelry, fur coats, art, gambling trips to Las Vegas, and family cruises to Alaska, Hawaii and the Mediterranean. EDWARDS allegedly never invested any money, though he did make nominal payments to a few investors who persisted in asking to see their returns.

The indictment includes charges of mail fraud, wire fraud, and money laundering. The mail and wire fraud charges each carry a maximum sentence of 20 years in prison and a fine of up to $250,000, and the money laundering charges each carry a maximum sentence of 10 years in prison and a fine of $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders

The indictment also includes a provision seeking to forfeit real estate, vehicles, and cash that allegedly were proceeds of the fraud scheme. Additionally, in June 2008, the Government filed forfeiture liens on EDWARDS’ real estate holdings, and it seized his Cadillac Escalade, Lincoln Town Car, and Lincoln Mark LT pickup truck.

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

This case is being investigated by Special Agents of the Internal Revenue Service-Criminal Investigation and the Federal Bureau of Investigation.

Assistant United States Attorney William G. Traynor 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.

ATLANTA CURRENCY TRADER CHARGED WITH OPERATING $25 MILLION PONZI SCHEME

3/18/2009 U.S. Department of Justice News Release via the FBI Website:

ATLANTA CURRENCY TRADER CHARGED WITH OPERATING $25 MILLION PONZI SCHEME

James G. Ossie’s Scheme Allegedly Defrauded Over 120 Investors In Just 9 Months

Atlanta, GA—JAMES G. OSSIE, 49, of Atlanta, the founder and principal of an Alpharetta, Georgia-based currency trading firm, “CRE Capital, Inc.,” has been indicted by a federal grand jury on 10 counts of wire fraud. OSSIE is scheduled to surrender in federal court on Friday, March 20, 2009, for an initial appearance, bond hearing, and arraignment.

United States Attorney David E. Nahmias said, “This indictment alleges yet another disturbing Ponzi scheme with a similar result: many victims lose a lot of their hard-earned money in a short amount of time. These fraudulent schemes rely on attracting investors who are willing to believe in claims that are too good to be true. These cases are getting a lot of attention for a reason. They are major investment fraud schemes, and the masterminds are finding themselves arrested and facing serious charges and prison time.”

According to United States Attorney Nahmias, the indictment and other information presented in court: OSSIE and CRE Capital operated an investment fund for private clients focused on options contracts in foreign currencies.  The fund operated from approximately April 2008 into January 2009, when it was shut down by the United States Securities and Exchange Commission (“SEC”).

OSSIE and CRE offered investment contracts, in amounts of at least $100,000, that guaranteed the return of an investor’s deposit plus 10% interest within just 30 days.  OSSIE claimed to be able to pay such substantial monthly returns because he typically made even more than that through his trading activity.  OSSIE also claimed that his trading profits allowed him to fund a substantial cash “reserve fund” sufficient to re-pay all investors their deposit plus 10% monthly profit, in case the market deteriorated.  OSSIE claimed that CRE Capital even hired outside accountants, or auditors, who reviewed and confirmed the accuracy of the numbers. The indictment also alleges that although CRE hired outside accountants for limited projects, OSSIE did not allow any access to the records of the trading accounts that would have revealed his substantial losses.

OSSIE made these representations directly to individual investors, through salespersons known as “correspondents,” through the CRE Capital website, and in numerous mass conference calls involving groups of investors and prospective investors.

However, the indictment alleges that these representations were all lies.  Instead of making profits sufficient to pay 10% monthly returns and fund a “reserve” account, the indictment alleges that OSSIE lost millions of dollars. Just during CRE’s 9-month lifespan, the firm lost over $12 million in its foreign currency trading accounts. The indictment alleges that there was no “reserve” account sufficient to repay investors. By the end of 2008, CRE owed over $23 million in pending investment contracts but only had just over $2 million deposited in all of its bank and trading accounts combined.

Because he was making no profits, OSSIE was only able to re-pay investors their deposits and guaranteed 10% returns through what is referred to as a “Ponzi” scheme.  Specifically, OSSIE allegedly paid his debts to existing investors with money recently invested by new investors.  When the time came to pay the returns promised to the new investors, OSSIE would recruit more investments from still newer investors.  This unsustainable scheme was identified and shut down by the SEC in January 2009.  In the meantime, OSSIE had raised over $25 million from over 120 investors, approximately half of which was lost in unsuccessful currency trading.

United States Attorney Nahmias and the FBI noted that this investigation remains ongoing.

Members of the public are reminded that the indictment contains only allegations.  A defendant is presumed innocent of the charges and it will be the government’s burden to prove a 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 Attorneys Justin S. Anand and Douglas W. Gilfillan are 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.

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.