New Criminal Charges Filed Against Rick Koerber

The U.S. Attorneys has office filed a new indictment against Rick Koerber, who is alleged to have run a Ponzi scheme that took in more than $100 million from Utah investors.  Last week a federal grand jury returned a new 20-count indictment alleging that Koerber engaged in widespread investment and tax fraud.

According to an article in the Salt Lake Tribune last week, this new indictment follows a federal judge’s decision in July to throw out a key piece of evidence in Koerber’s case.  ”Assistant U.S. Attorney Stewart Walz previously said the ruling by U.S. District Judge Clark Waddoups affected a “significant” part of an existing 22-count indictment alleging fraud, money laundering and tax evasion by Koerber in his operation of FranklinSquires Cos. and related real-estate investment businesses.”  This ruling meant that prosecutors had to file a new indictment containing small changes to a section of the indictment describing the alleged scheme and artifice to defraud. Continue reading

Great Advice for Seniors on How to Avoid Affinity Fraud

This is a repost of a terrific article that appeared in Morningstar this week:
Seniors: Beware of Affinity Fraud By Christine Benz 
In hindsight, a scam like the one Bernie Madoff perpetrated on his victims looks like it should’ve been a cinch to detect. Madoff’s clients were promised steady returns of 10%-12% per year; that should’ve looked impossible even to novice investors, particularly given the extreme market volatility that marked the first decade of the 21st century. Financial analyst and Madoff whistle-blower Harry Markopolos said he knew that Madoff had faked his clients’ returns within five minutes of seeing them. Continue reading

NASAA’s Top Ten List of Investment Traps

The North American Securities Administrators Association, Inc. (“NASAA”) has just issued its annual top ten list for this year.  This list is the primary “financial products and practices that threaten to trap unwary investors” as told to NASAA by their members, which include the Utah Division of Securities. Continue reading

UPDATE: Would you Invest in the Candwich?

Update #3: Today Judge Clark Waddoups rejected the plea bargain that Wright had negotiated with prosecutors concluding that the deal appeared too light given the magnitude of how Wright had “intentionally deceived and misled people.”  The defendant will now be forced to negotiate a new plea bargain with the U.S. Attorney’s office — or go to trial.  The judge’s decision appears to be based primarily upon the letters he received from angry investors.

UPDATE #2: Last week Travis Wright pleaded guilty to one count of fraud, admitting he operated a massive Ponzi scheme that owed investors at least $44 million when it went bust in 2009.  He will be sentenced after the judge hears testimony from the victims.

UPDATE:  My friend Tom Harvey reported yesterday in the Salt Lake Tribune that Travis Wright, who ran Waterford Funding, entered a plea of not guilty before U.S. Magistrate Paul Warner to the charge of mail fraud.  The article can be found here.

On July 7, 2010 the New York Times ran a story about the SEC’s recent lawsuit against Travis Wright and Waterford Funding.  The SEC’s press release about the case can be found here.   Among other things, the SEC’s lawsuit alleges that Wright lied to his investors saying he was investing their money in hard money loans secured by real estate, when really he was funneling most of their money to the inventor of the “Candwich” (who also planned to offer Pepperoni Pizza Pockets and French toast in a can).  Yum.

This is the part that is really baffling to me about this case.  Did he really think the Candwich would be more profitable than real estate?  Given the current state of the real estate market it may be the case — but not between 2001 and 2007 when the fund was really going strong.  The SEC also alleges that he used $15 million of investor funds for personal use, including the purchase of a $5 million home on Walker Lane from former Jazz legend Jeff Hornacek, which he completely renovated and imported cobblestones from France for the driveway.   But it was probably pretty trashy after Hornacek moved out.

Continue reading

Yet Another Local Ponzi Scheme Indictment – Newport Financial

Michael Smith and his son Quintin Smith have each been charged with six counts of securities fraud and one count of pattern of unlawful activity, all second-degree felonies, in connection with a furniture loan company they owned called Newport Financial.  According to a Salt Lake Tribune article published today they have been accused of “bilking investors of hundreds of thousands of dollars — one while serving as counselor to an LDS stake presidency — in a fraudulent furniture-financing scheme that targeted, among others, a prominent University of Utah football coach.”

The indictment alleges that the Smiths promised a return of 18 percent to gain investments of at least $1.8 million from 18 victims.  Their biggest investor was Norm Chow, the offensive coordinator for the University of Utah’s football team, who invested $500,000. Continue reading

VesCorp – The Largest Ponzi Case in Utah History – Nears Conclusion

As reported on the website Law360, A Utah federal judge on Wednesday approved a $125.6 million final judgment that settled the U.S. Securities and Exchange Commission’s case against Vescor Capital Corp.  This judgment apparently relates to the company, not Val Southwick who pled guilty to nine counts of securities fraud in 2008 and was sentenced to serve nine consecutive 1 to 15-year prison terms.

But if you are an investor hoping to get you money back, don’t hold your breath.   According to the article Vescor’s receiver, Robert G. Wing of Prince Yeates & Geldzahler, has stated publicly that the money may never materialize.  “They did not get $125 million, they got a judgment,” he said.  Mr. Wings expects to be able to recover only a small fraction of the money Vescor allegedly took from investors.  In his most recent report to the court, Wing said he had recovered just over $5 million, and the legal and accounting fees continue to mount, the Receiver’s lawsuits to recover money from third parties will continue.

Bottom line:  nobody wins in a Ponzi Scheme — except maybe the lawyers.