Securities Industry Commentator by Bill Singer Esq

The Curious Case of Donald Howard (BrokeAndBroker.com Blog)

West Palm Beach Investment Fraudster Sentenced to 42 Months in Federal Prison After Losing Investor Millions in Wire Fraud Scheme (DOJ Release)

Idaho I.T. Professional Charged With Misappropriating Pre-Publication Investment Recommendations For Insider Trading Scheme / David Stone Electronically Accessed an Investment Advice Service's Unannounced Stock Picks and Used That Information to Generate Millions in Trading Profits and to Provide Inside Tips to Another (DOJ Release)

SEC Obtains Final Judgment Against BTIG, LLC (SEC Release)

Prince George Man Pleads Guilty to Multimillion Dollar Fraud Scheme (DOJ Release)

Former Insurance Agent Pleads Guilty to Defrauding Client of More Than a Million Dollars (DOJ Release)

South Bay Man Pleads Guilty to Participating in a Multimillion-Dollar Real Estate Scam Involving Fake Open Houses at Not-for-Sale Homes (DOJ Release)

2022 FINRA Industry Snapshot

SEC Charges CEO and President of Synergy Settlement Services with Fraudulent Operation of Special Needs Pooled Trusts / Defendants allegedly used funds from deceased beneficiaries' accounts on golf tournaments and beach parties (SEC Release)

SEC Obtains Judgment Against Corporate Officer Charged with Assisting Microcap Fraud Scheme (SEC Release)

Renaldi was the founder and CEO of The Sanctum Group of Companies, Inc., Sanctum Publishing and Marketing, Ltd., and Sanctum Media Group, Inc. (the "Sanctum companies").  Renaldi and others used the Sanctum companies to solicit funds from victim investors.  To induce people to invest, Renaldi lied to them, promising to use their money to build a profitable business and guaranteeing a solid return on their investment.  In addition, Renaldi failed to tell investors that he had a history of violating federal securities laws and that he used most of their money to pay for his personal expenses, make cash withdrawals, pay prior investors, and pay undisclosed commissions and fees.  From about 2011 to 2015, Renaldi defrauded approximately 14 Sanctum company investors out of almost $1.5 million.

Renaldi also was associated with Magnum Health Management, Magnum Media Management, and Magnum Media Mining (the "Magnum companies").  Renaldi admitted that he represented himself to the public as the Magnum companies' CEO, owner and operator.  When soliciting funds for the Magnum companies, Renaldi falsely told investors that he would use their money as working capital and to build diabetes clinics.  Instead, Renaldi used almost all the money for his personal use and benefit.  From about 2017 to 2019, Renaldi defrauded approximately 14 Magnum company investors out of more than $1.6 million. 

From 2020 up to his arrest in 2022, DAVID STONE exploited market-moving stock recommendations made by an investment recommendation service ("Advisor-1") before those recommendations were released to paying subscribers. STONE, an information technology ("I.T.") professional, accessed Advisor-1's computing system without authorization and viewed information relating to Advisor-1's recommendations before they were announced to Advisor-1's paying subscribers.

Advisor-1's stock recommendations typically, but not always, lead to higher closing prices for the recommended stock as compared to the prior day's closing price. By trading on those recommendations before they were announced, STONE was able to obtain significant profits unavailable to other market participants. In fact, since in or about November 2020, brokerage accounts associated with STONE traded ahead of Advisor-1 recommendations on more than a dozen occasions for approximately $3 million in gross gains.

In addition to his own trading, STONE supplied trading tips to at least one other person ("Tipee-1"). Between on or about January 20, 2021 up to and including on or about March 17, 2022, on approximately 45 different days, STONE sent emails to Tipee-1 providing stock names and/or ticker symbols ahead of Advisor-1 announcements of stock recommendations to its paying subscribers. Since in or about January 2021, a brokerage account associated with Tipee-1 traded ahead of Advisor-1 recommendations on more than a dozen occasions. As a result of that trading, Tipee-1 profited more than approximately $2.7 million.

Before providing tips to Tipee-1, STONE provided Tipee-1 with "guidelines" for avoiding detection and for donating some of the trading profits to a church. Specifically, on or about January 16, 2021, STONE sent an email to Tipee-1 that included the following:

I'm ok with sharing the weekly trades with you. I have used it so far to generate a significant amount of money and I'm sure you will be able to as well. There is a small possibility that what we are doing could be considered insider trading. [Advisor-1] uses only public information about to make its recommendations and even the recommendations are behind a paywall so it is a stretch to call it insider trading but it certainly behaves like it because it almost guarantees favorable price moves at a certain time.

So with that in mind these are the guidelines I am following:

. . . .

* Purchase a [Service-1] subscription from [Advisor-1] . . . and open some long term position of some of the recommendation that appeal to you

* Do other trades besides just what I tell you. If all your trades are up 5x and you never make a loosing trade it may call attention of regulators. . . .

* Pay your taxes. These trades are short term capital gains and are taxed at your regular income tax rate. You may get a significant tax bill come April 15 2022.

* Pay your tithe. This extra income has been a subject of regular prayer for me. I anticipate I will not need to keep my regular job for long when we are on the mission field. I have opened a donor advised fund which make it easy to contribute large sums of money or stocks directly and then schedule donations to be made to my church and any other charity I choose. It makes it easier to make anonymous donations as well which I feel is important.

. . . .

With these guidelines in place I can email the recommendations as soon as I know. I feel [a particular email provider] will be a more secure form of communication if it works for you. 

On May 19, 2021, the SEC charged BTIG with violating Rule 200(g) of Regulation SHO when it mismarked more than 90 sale orders from a hedge fund customer-representing total sales of more than $250 million-as "long" and "short exempt" when those orders should have been marked as "short" from December 2016 through July 2017. According to the complaint, as a registered broker-dealer, BTIG had independent gatekeeper responsibilities to ensure that the trades it executed were correctly marked. The SEC alleged that BTIG ignored facts indicating that the hedge fund's representations that it owned the securities it was selling, and that it would deliver them by the settlement date, were false. In addition, the SEC alleged that because BTIG failed to borrow or locate the shares before effecting what were, in reality, short sales, BTIG also violated Rule 203(b)(1) of Regulation SHO.

[F]rom 2012 to 2020, Robert W. Guidry, 54, conspired with Christopher W. Elko, 51, Petersburg, to enrich themselves by, among other methods, falsely purporting to sell ownership interests in businesses where the conspirators worked, obtaining fraudulent loans and other forms of credit from individual lenders and financial institutions, and embezzling money from their employer. As part of the conspiracy, Guidry solicited and induced individuals to lend him money under false pretenses, claiming that the loans would be used for investment purposes-when, in fact, Guidry actually used the money to pay for personal expenses or to repay other lenders.

The conspirators also obtained loans and lines of credit from various financial institutions, relying on misrepresentations and deliberate omissions about Guidry's personal financial status, such as the value of his assets and the amount of his liabilities. To repay the individual lenders and financial institutions they had fraudulently borrowed money from, and to pay their own personal expenses, the conspirators concocted a scheme to defraud their employer by misappropriating money through various frauds. For instance, the conspirators diverted customer payments owed to their employer to a bank account controlled by the conspirators, and fabricated payables to their employers' vendors and others, depositing the payments into bank accounts they controlled.

In total, the conspirators' actions caused a total loss of more than $8.8 million to investors, banks, and their former employer.

Williams admitted she engaged in two separate schemes to defraud her client. In the first scheme, Williams admitted to inducing her client to cash in several life insurance policies in order to invest the proceeds in annuities to be procured by Williams. Williams admitted that over a period of six months in 2019, she fraudulently convinced her client to give her $1,200,000. Instead of investing that money for her client, Williams used almost $900,000 to pay victims of a prior unrelated annuity fraud scheme in an attempt to avoid criminal charges. Williams subsequently pleaded guilty to wire fraud in that unrelated fraud scheme and was sentenced to 51 months in prison in December 2021. Williams used the remaining $300,000 to pay her attorney's fees for the unrelated fraud scheme and to settle a civil suit brought by another client.

In the second scheme, Williams admitted to inducing her client to dissolve a charitable foundation and place more than $124,000 in an entity controlled by Williams. Williams was to hold the funds until a new entity could be established to receive the money that would then be used to care for her client's disabled adult daughter. However, Williams never established the new entity and instead diverted more than $118,00 to her own use and benefit.

[F]rom November 2013 to December 2016, Schoneke and Gonzalez, along with co-conspirators, operated real estate and escrow companies based in Cerritos, La Palma and Long Beach under a variety of names, including MCR and West Coast Realty Services. Schoneke, Gonzalez and other co-conspirators found properties that they would list for sale - even though they did not intend to sell them to anyone.

The properties were listed on real estate websites such as the Multiple Listing Service (MLS) and were marketed as below-market short sales opportunities. In some cases, the homes were marketed through open houses arranged by tricking homeowners into allowing their homes to be used.

Multiple offers were accepted for each of the not-for-sale properties, but the co-conspirators hid this fact from the victims and instead led each victim to believe that his or her offer was the only one accepted. The co-conspirators strung victims along - sometimes for years - by telling them closings were being delayed because lenders needed to approve the purported short sales.

At the co-conspirators' direction, office workers opened bank accounts to hide the co-conspirators' involvement in the fraud. Those accounts were used to receive down payments on the homes and other payments from victims who were convinced to transfer the full "purchase price" after receiving forged short sale approval letters. The co-conspirators directed the office workers to withdraw large amounts of cash from these accounts, which made the proceeds harder to trace.

Investigators estimate that several hundred victims collectively lost more than $6 million during the scheme.         

[L]azarus and Prieto formed the Foundation for Those with Special Needs, Inc. as a non-profit company to "assist personal injury victims with special needs." The defendants, however, concealed from the beneficiaries, the Internal Revenue Service, and the Social Security Administration that they diverted at least $775,000 in trustee and joinder fees directly from the beneficiaries' accounts to their for-profit business, Synergy. The SEC also alleges the defendants improperly used funds from deceased beneficiaries' accounts to reimburse themselves, sponsor events and parties, and promote Synergy's for-profit business. Synergy, Lazarus, and Prieto allegedly also did not tell beneficiaries they were investing beneficiaries' money in a certain class of mutual fund that doubled the fees the beneficiaries were told they were paying.

[F]rom 2016 through at least November 2019, Shupe worked with others to illegally sell the stock of several microcap companies to retail investors. Shupe served in the roles of officer and director and/or majority shareholder at three microcap companies. In these roles as company insider, Shupe allegedly helped his associates, Timothy and Trevor Page, conceal the Pages' control over the companies so the Pages could secretly fund the companies and amass and then dump large quantities of the companies' stock in violation of the securities laws. Shupe also allegedly created and used FJ Investments to help the Pages disguise and distribute the proceeds of their illegal stock sales.

• Securities Industry Commentator
• Bill Singer