David B. Fein, United States Attorney
for the District of Connecticut, today announced that STEPHEN B. BLANKENSHIP,
63, of New Fairfield, waived his right to indictment and pleaded guilty
yesterday before United States District Judge Vanessa L. Bryant in Hartford to
mail fraud and securities fraud charges stemming from a long-running scheme to
defraud investors of hundreds of thousands of dollars.
“Over the course of several years, this
defendant deceived investors into entrusting him with their funds, and then
into believing their funds were safe and their investment accounts were
appreciating,” stated U.S. Attorney Fein. “All along, he was using those funds
to pay business and personal expenses, and to pay other investors as part of a
Ponzi scheme. Investor fraud is a serious and growing national problem, and the
Department of Justice and our law enforcement partners are committed to
uprooting these schemes and prosecuting those who perpetrate them. I commend
the FBI, SEC, Connecticut’s Department of Banking, and the Danbury Police
Department for investigating this matter and shutting down this unscrupulous
investment adviser.”
According to court documents and
statements made in court, BLANKENSHIP owned and operated Deer Hill Financial
Group, LLC, in Danbury, which he represented to be an investment management
firm in the business of managing client funds and buying and selling securities
on behalf of clients. However, at no time was Deer Hill Financial Group
registered with the Securities and Exchange Commission (“SEC”) as an investment
company, investment adviser, broker-dealer, or in any other capacity.
From approximately 2002 to March 2012, BLANKENSHIP
falsely represented to numerous individuals that he had investment
opportunities that were safe and would pay a consistent return to investors.
BLANKENSHIP had been affiliated with registered broker-dealers in California
and New York, and many of his victims were his prior customers. BLANKENSHIP’s
false representations to his victims included that Deer Hill was being operated
as a legitimate investment management firm, that investors could obtain a
greater rate of return by withdrawing money from their existing brokerage
accounts and investing directly with him, and that funds would be invested in
publicly-traded mutual funds or established securities. In fact, there were no
actual investments or investment opportunities, the money was not invested in
publicly traded mutual funds, nor was it invested in established securities.
BLANKENSHIP failed to invest the money as represented and instead used the
victims’ funds to pay business expenses and personal expenses for travel,
grocery shopping, credit card payments, mortgage payments, and improvements on
his home.
In order to create the appearance of
legitimacy, BLANKENSHIP sent investors fraudulent account statements reflecting
fictitious holdings, fictitious transactions, fictitious prices for the securities,
and phony balances, all of which were intended to convince investors that their
money was secure and appreciating. BLANKENSHIP also falsely represented to his
victims that he could achieve—and was achieving—a consistent and positive
return on the invested funds when, in fact, he was not achieving such returns.
He also used a portion of the victim-investors’ funds to make fraudulent
lulling payments to other victim-investors to create the appearance that there
were actual investment returns.
Through this scheme, BLANKENSHIP
defrauded at least eight investors of more than $500,000.
BLANKENSHIP pleaded guilty to one count
of mail fraud and one count of securities fraud. Judge Bryant has scheduled
sentencing for December 5, 2012, at which time BLANKENSHIP faces a maximum term
of imprisonment of 20 years on each count.
In a parallel action, the SEC today
filed a complaint alleging that BLANKENSHIP and Deer Hill violated the
antifraud provisions of the federal securities laws and acted as unregistered brokers.
The complaint seeks disgorgement of ill-gotten gains plus prejudgment interest,
monetary penalties, and the entry of a permanent injunction against
BLANKENSHIP.
This matter is being investigated by the
Federal Bureau of Investigation, the Securities and Exchange Commission, the
State of Connecticut Department of Banking, and the Danbury Police Department.
The case is being prosecuted by Assistant United States Attorney Michael S.
McGarry.
In December 2010, the U.S. Attorney’s
Office and several law enforcement and regulatory partners announced the
formation of the Connecticut Securities, Commodities and Investor Fraud Task
Force, which is investigating matters relating to insider trading, market
manipulation, Ponzi schemes, investor fraud, financial statement fraud,
violations of the Foreign Corrupt Practices Act, and embezzlement. The task
force includes representatives from the U.S. Attorney’s Office; Federal Bureau
of Investigation; Internal Revenue Service-Criminal Investigation; U.S. Secret
Service; U.S. Postal Inspection Service; U.S. Department of Justice’s Criminal
Division, Fraud Section, and Antitrust Division; U.S. Securities and Exchange
Commission (SEC); U.S. Commodity Futures Trading Commission (CFTC); Office of
the Special Inspector General for the Troubled Asset Relief Program (SIGTARP);
Office of the Chief State’s Attorney; State of Connecticut Department of
Banking; Greenwich Police Department; and Stamford Police Department.
Citizens are encouraged to report any
financial fraud schemes by calling, toll free, 855-236-9740, or by sending an
e-mail to ctsecuritiesfraud@ic.fbi.gov.
Today’s announcement is part of efforts
underway by President Obama’s Financial Fraud Enforcement Task Force (FFETF)
which was created in November 2009 to wage an aggressive, coordinated, and
proactive effort to investigate and prosecute financial crimes. With more than
20 federal agencies, 94 U.S. attorneys’ offices, and state and local partners,
it’s the broadest coalition of law enforcement, investigatory and regulatory
agencies ever assembled to combat fraud. Since its formation, the task force
has made great strides in facilitating increased investigation and prosecution
of financial crimes; enhancing coordination and cooperation among federal,
state and local authorities; addressing discrimination in the lending and
financial markets; and conducting outreach to the public, victims, financial
institutions and other organizations. Over the past three fiscal years, the
Justice Department has filed more than 10,000 financial fraud cases against
nearly 15,000 defendants including more than 2,700 mortgage fraud defendants.
To report financial fraud crimes, and to
learn more about the President’s Financial Fraud Enforcement Task Force, please
visit www.stopfraud.gov.
On October 1, 2012, the U.S. Department
of Justice and the Securities and Exchange Commission are hosting the Northeast
Region Investor Fraud Conference. The conference, at the University of
Connecticut - Stamford Campus from 9:00 a.m. to 1:00 p.m., is open to members
of the community, law enforcement, victim advocates, and others interested in
detecting and combating an unprecedented rise in Ponzi and other investment
fraud schemes that involve thousands of victims and billions of dollars of
losses. Conference participants include U.S. Attorneys from Connecticut,
Massachusetts, New Jersey, and New York, as well as senior officials from the
SEC, FBI, CFTC, and other financial fraud enforcement and regulatory agencies.
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