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February 14, 2022

Zachary Joseph Horwitz, 35, of Los Angeles, CA will spend 20 years in federal prison and was ordered to pay over $230 million in restitution. Horwitz raised $650 million from over 250 investors in his Ponzi scheme—investors who were lied to about future licensing and distribution agreements with online platforms such as Netflix and HBO. Horwitz operated his Ponzi scheme via 1inMM Capital, duping five major groups of private investors through hundreds of 6- and 12-month promissory notes, which he defaulted on. Horwitz initiated the scheme in 2014, and it remained active until his arrest by the FBI in April 2021. USAO CDCA

Tagged in: Criminal Proceedings, Financial and Investment Fraud, Misrepresentations, Ponzi Schemes,

February 14, 2022

BlockFi, Inc. will pay a total of $100 million to resolve SEC and state claims arising from its sale to retail customers of cryptocurrency lending products, including its BlockFi Interest Accounts.  Through the “BIAs,” investors lent cryptocurrency assets to BlockFi in exchange for the company’s promise to provide a variable monthly interest payment.  The SEC alleged that the BIAs were securities, offered without registration, that BlockFi operated as an unregistered investment company, and made false and misleading statements about risk levels. The total settlement includes a $50 million SEC civil penalty and $50 million to be divided equally between U.S. jurisdictions that are members of North American Securities Administrators Association.   SEC; NASAA

Tagged in: Cryptocurrency, Financial and Investment Fraud, Misrepresentations, Regulatory Violations,

February 11, 2022

Defendants Seyed Taher Kameli and his companies, Chicagoland Foreign Investment Group, LLC and American Enterprise Pioneers, Inc., will pay jointly and severally $1.6 million after entering into a judgment for defrauding EB-5 immigrant investors. Kameli is an immigration attorney, some of whose clients were victims of the fraud. He promised at least 226 foreign investors that their $500,000 investments would finance construction of a senior living project and pave the way for at least 10 permanent full-time jobs, as well as qualifying each investor for a path to permanent U.S. residency. Instead, he commingled and misused some of the $88.7 million raised. Defendants are enjoined from further violations of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Kameli also agreed administratively to a 5-year suspension from practicing before the SEC as an attorney. SEC

Tagged in: Financial and Investment Fraud, Misrepresentations, Securities Fraud, Visa Fraud,

January 21, 2022

A whistleblower received an award of $1.5 million, with the SEC finding that the individual voluntarily provided new and original information as well as substantial assistance during the course of the government’s investigation.  The information helped Commission staff formulate their investigative strategy, saved government time and resources, and significantly contributed to the success of a government investigation.   SEC

Tagged in: Financial and Investment Fraud, SEC Whistleblower Reward Program, Whistleblower Rewards,

January 21, 2022

A whistleblower received an award of $1.8 million, with the SEC finding that the individual voluntarily provided original information that led the SEC to open an investigation that was directly based on the whistleblower’s information.  The SEC further noted that the individual had also reported the misconduct internally in a timely manner, had suffered hardship as a result of reporting, and had provided substantial ongoing assistance during the government’s investigation.   SEC

Tagged in: Financial and Investment Fraud, SEC Whistleblower Reward Program, Whistleblower Rewards,

January 21, 2022

Two unidentified whistleblowers were jointly awarded $37 million based on findings that they voluntarily provided key evidence to the government, which significantly contributed to the government’s understanding of the underlying wrong, and provided ongoing assistance during the government’s investigation.  The award is based on amounts recovered in a successful enforcement action by the SEC, as well as a separate related action by a different, unidentified, agency.  SEC

Tagged in: Financial and Investment Fraud, Multiple Whistleblowers and First-to-File, SEC Whistleblower Reward Program, Whistleblower Rewards,

January 20, 2022

Florida resident Mary Kathryn Marr was sentenced to 14 years in prison following her guilty plea on charges related to her role in a criminal enterprise that scammed victims into sending members of the conspiracy funds for fraudulent investments based on high-pressure “boiler room” tactics.  The conspirators operated a network of bank accounts in the names of shell companies into which the boiler room agents, and sometimes Marr herself, instructed victims to send their money.  The victims’ funds were then laundered through more bank accounts and sent overseas.  Marr was also ordered to forfeit various assets, pay a fine of $1.5 million, and pay restitution of $14.5 million to victims.  USAO MD FL

Tagged in: Criminal Proceedings, Financial and Investment Fraud, Misrepresentations, Ponzi Schemes, Securities Fraud,

January 19, 2022

William S. Evans III, who did business as Turning Point Investments, together with his wife Francis Evans, have consented to entry of judgment against them requirement the payment of $17 million as restitution as the disgorgement of $10 million.  Evans operated as an unregistered commodity pool operator, and marketed to customers with the promise that he would trade commodity futures on their behalf, making false statements about risks, the likelihood of profits, and his fees.  In fact, Evans misappropriated customer funds for his personal use and to pay other participants in a Ponzi-like scheme.  CFTC

Tagged in: Financial and Investment Fraud, Fraud in CFTC-Regulated Markets, Misrepresentations, Regulatory Violations,

January 14, 2022

Perry Santillo was sentenced to 17.5 years in prison and ordered to pay restitution of more than $100 million following his conviction on charges related to fraudulent investment schemes including the solicitation of funds through and for Lucian Development and City Capital Corporation.  The Ponzi scheme, which operated over ten years, obtained at least $115.5 million from approximately 1000 investors. Santillo and his co-conspirators purchased the businesses of investment advisors and brokers around the country in order to find potential new investors, and used new investments to fund their lavish lifestyles and make interest and other payments to earlier investors. USAO WD NY (related co-defendant)

Tagged in: Criminal Proceedings, Financial and Investment Fraud, Misrepresentations, Ponzi Schemes,

January 12, 2022

Six medical practices affiliated with Interventional Pain Management Center P.C. (IPMC), as well as physician-owner Dr. Amit Poonia, have agreed to pay nearly $7.5 million to resolve allegations of defrauding Medicare and the Federal Employees Health Benefit Program.  In a qui tam suit by Anu Doddapaneni and Christian Reyes, the whistleblowers alleged that Poonia and IPMC violated the False Claims Act by using a billing code that mischaracterized P-Stim and NeuroStim treatments—which transmit electrical pulses through needles placed just under the skin of a patient’s ear—as surgical implantation requiring anesthesia.  USAO EDNY

Tagged in: FCA Federal, Healthcare Fraud, Medical Billing Fraud, Medicare, Misrepresentations, Other Government Health Programs, Provider Fraud, Whistleblower Case,

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