WASHINGTON—William J. Ferry, a former
stock broker and investment adviser, and Dennis J. Clinton, a former real
estate investment manager, were found guilty by a federal jury in Santa Ana,
California today for their roles in a conspiracy to defraud a wealthy investor
of $1 billion in a high-yield investment fraud scheme, announced Assistant
Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division.
The investor was, in reality, part of an undercover FBI team that posed as
wealthy investors and investment managers in an effort to stop fraudsters
before they actually harmed victims.
“Mr. Ferry and Mr. Clinton tried to dupe
undercover agents into believing their high-yield investment program would earn
them extremely high rates of return,” said Assistant Attorney General Breuer.
“In fact, Ferry and Clinton were conspiring to steal their money, along with
the money of trusting investors. Undercover operations are an integral part of
our efforts to stop financial fraudsters before they wipe out the life savings
of innocent victims. Based on today’s verdict, the defendants will now pay a
heavy price for their conduct.”
Ferry, 70, of Newport Beach, California,
and Clinton, 64, of San Diego, were each found guilty in U.S. District Court
for the Central District of California of one count of conspiracy, two counts
of mail fraud, and six counts of wire fraud. They face a maximum penalty of 20
years in prison on each fraud count. They will be sentenced on February 1,
2013.
Paul R. Martin, a former senior vice
president and managing director of Bankers Trust, was found guilty in U.S.
District Court for the Central District of California for his role in the
scheme in a separate trial on August 3, 2012. Martin, 63, of New Jersey, was
convicted of one count of conspiracy, two counts of mail fraud, and six counts
of wire fraud. At sentencing, scheduled for February 1, 2013, Martin faces a
maximum penalty of 20 years in prison on each fraud count.
On August 21, 2008, Ferry, Clinton, and
Martin were indicted along with Oregon resident John Brent Leiske, Canadian
citizen and resident Alex Chelak, Iowa resident Richard Arthur Pundt,
California resident Brad Keith Lee, and Florida resident Ronald J. Nolte.
Evidence at trial established that, from
February to December 2006, Ferry, Clinton, Martin, and others conspired to
promote a high-yield investment fraud scheme promising an extremely high return
at little or no risk to principal. The defendants claimed that their high-yield
investment program (HYIP) was a “Fed trade program” regulated by the “Fed”
(Federal Reserve Bank), that they had to follow strict Fed guidelines, and that
a Fed trade administrator administered their program, with compliance duties
handled by a Fed compliance officer.
Investors also were told that once they
had passed compliance, they would become registered with the Fed in Washington,
D.C. The defendants falsely represented to FBI undercover agents that they
would arrange for them to meet a Federal Reserve official and/or the chairman of
the board of a major U.S. bank to confirm the existence of the defendants’
HYIP. The defendants falsely claimed that these Fed investment programs existed
primarily to generate funds for project funding and humanitarian purposes, such
as Hurricane Katrina relief. They further falsely claimed that the promised
profits from investing in a Fed program had to be divided, in equal amounts,
with one portion going for some humanitarian purpose, another portion for some
kind of project financing, and the remainder to the investor. The defendants
represented to the undercover agents that the agents’ offshore bank account
would be managed by a Swiss banker who was already managing billions of dollars
for the defendants. In the scheme, Ferry acted as an underwriter and member of
the compliance team; Martin acted as a banking expert; Clinton acted as a
troubleshooter during the compliance phase and transfer of funds to the Swiss
banker; Lee acted as the contact with the Swiss banker; and Leiske acted as the
trader. Chelak is charged with having acted as a compliance officer.
On April 13, 2009, Lee pleaded guilty to
wire fraud and conspiracy to commit mail and wire fraud. On January 11, 2010,
he was sentenced to 24 months in prison.
Leiske’s case was transferred to the District
of Oregon, where he pleaded guilty to all counts on January 24, 2012. He is
scheduled to be sentenced on September 19, 2012.
Nolte was acquitted today of all charges
by a jury in the Central District of California. In August 2010, charges
against Pundt were dismissed by the government.
Chelak remains a fugitive.
This continuing investigation is being
conducted by the FBI. This case is being prosecuted by Senior Trial Attorney
David Bybee and Trial Attorney Fred Medick of the Justice Department Criminal
Division’s Fraud Section.
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