NEW ORLEANS—Michael Richard Bark, 57, a
resident of Gretna, Louisiana, was sentenced to 5.25 years (63 months) in
prison by U.S. District Judge Mary Ann Vial Lemmon. He pled guilty to a
one-count bill of information alleging wire fraud on December 1, 2011,
announced U.S. Attorney Jim Letten. Bark was an attorney but has been disbarred
by the Louisiana Supreme Court.
According to the bill of information
filed on August 17, 2011, Bark, in addition to his law practice, also actively
sought investors for trading in “FOREX” futures. The term FOREX refers to the
practice of purchasing foreign currencies and attempting to profit from the
daily variable values of the foreign currencies versus the value of the U.S.
dollar. Beginning sometime during November 2006 and continuing through February
2009, Bark devised a scheme to defraud while marketing FOREX investments by
falsely representing to his clients that he invested their money in FOREX
investments returning between 12 and 30 percent profit per month, thus
increasing the value of their accounts exponentially. Bark e-mailed fraudulent
statements showing a profit, when, in reality, there was a loss. Bark, instead
of investing the funds as promised, invested client funds in a variety of other
business investments that were not authorized and that were without the
knowledge of his clients which resulted in a total loss of at least
$1,605,942.64 to his clients.
Bark was ordered to pay restitution of
$1,605,942.64 to 38 victims. He was also sentenced to three years’ supervised
release after he serves his prison sentence. The court waived any fines because
of the large amount of restitution.
The case was investigated by agents of
the Federal Bureau of Investigation and is being prosecuted by Assistant U.S.
Attorney Carter K. D. Guice, Jr. of the Financial and Computer Crime Unit.
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