Showing posts with label ESCROW AGENT. Show all posts
Showing posts with label ESCROW AGENT. Show all posts

Wednesday, July 16, 2014

ATTORNEY TO PAY ALMOST $4 MILLION FOR ORCHESTRATING PRIME BANK INVESTMENT SCHEME

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 
Florida-Based Attorney Ordered to Pay Nearly $4 Million in Court Judgment of Prime Bank Investment Scheme Case

The Securities and Exchange Commission today announced that a federal judge has ordered a Miami-based attorney to pay nearly $4 million in a consent judgment of an SEC case against him for orchestrating a prime bank investment scheme. The money will be returned to harmed investors.

Bernard H. Butts Jr. was charged by the SEC in September 2013 for acting as an escrow agent for a supposed international trading program that raised approximately $3.5 million from investors. However, the program didn't really exist, and Butts instead doled out investor funds to enrich himself and others. The SEC obtained an emergency order in U.S. District Court for the Southern District of Florida to freeze the assets of Butts and his companies Bernard H. Butts Jr. PA and Butts Holding Corporation before investor proceeds could be fully dissipated.

The Honorable Jose E. Martinez issued an order dated July 10, 2014, requiring Butts and his companies to pay $1,691,608 in disgorgement and $96,232.99 in prejudgment interest as well as a penalty of $2,059,284.19. Butts and his wife Margaret A. Hering also must pay an additional $100,000 in disgorgement and $4,570.82 in prejudgment interest.

The SEC will return the money to investors through a Fair Fund. More than $1.9 million already has been deposited from accounts belonging to Butts and his companies into the registry of the court following the asset freeze instituted at the SEC's request last year. And the court's order requires the transfer to the court of more than $2 million separately seized by the U.S. Secret Service from accounts belonging to Butts and his companies. The SEC will then submit a plan to the court for distribution of these collected funds back to investors.

Butts has consented to be barred from the securities industry or offering penny stock, and agreed to be suspended from practicing as an attorney on behalf of any entity regulated by the SEC.

For additional information, please see Litigation Rel. No. 22792 (Sept. 9, 2013).

Wednesday, September 25, 2013

SEC CHARGES THREE IN PRIME BANK OFFERING AND PONZI SCHEME

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

The Securities and Exchange Commission ("Commission") has charged Jenifer E. Hoffman and John C. Boschert, the former principals of Assured Capital Consultants, LLC - a now-dissolved Florida company - and Bryan T. Zuzga, the company's purported escrow agent, for their involvement in a fraudulent prime bank offering and Ponzi scheme.

According to the Commission's complaint, filed in U.S. District Court for the Middle District of Florida, between approximately January and September 2009, Assured Capital, through Hoffman, Boschert, and Zuzga, raised at least $25 million from investors, through false representations and fake documents. The complaint alleges that Hoffman and Boschert represented to investors that their money would be invested in Assured Capital's offshore, confidential trading program which, in turn, would invest in blocks of medium term notes. As the complaint further alleges, Hoffman and Boschert enticed investors with claims of exorbitant profits and with the illusion of safety by telling them that the investment would provide weekly returns of up to 50% and that it was performing, safe, and guaranteed. In addition, Hoffman and Boschert represented to investors their money would remain safe in an Assured Capital escrow account that would be used to secure a line of credit for investing in the company's offshore trading program. Furthermore, Hoffman, Boschert, and Zuzga told investors that Zuzga controlled the escrow account as Assured Capital's escrow agent and that he was a licensed attorney. Moreover, Hoffman provided investors with fake bank documents and a sham verification letter, notarized by Zuzga, purporting to confirm Assured Capital had $500 million at a Panamanian bank.

As the complaint alleges, none of these representations were true and the investment program was purely fictional. Zuzga was not Assured Capital's escrow agent and has never been a licensed attorney. Hoffman and Boschert used investor funds to make payments to other investors in Ponzi fashion, and stole investor funds along with Zuzga for their personal use. Assured Capital has since gone out of business.

The Commission's complaint alleges that Hoffman of Clermont, Florida, Boschert of Apopka, Florida, and Zuzga of Coldwater, Michigan, all violated Section 17(a) of the Securities Act of 1933, and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Commission is seeking financial penalties, disgorgement of ill-gotten gains plus prejudgment interest, and permanent injunctions against all the defendants.

Search This Blog

Translate

White House.gov Press Office Feed