Defendant
Funneled Millions in Earnest Money Through Bogus Escrow Account
ATLANTA—Eric Dallas, 41, of Panama City,
Florida, was sentenced today by United States District Judge Steve C. Jones to
serve five years in federal prison on the charge of conspiracy to commit wire
fraud.
“Eric Dallas preyed on small business
owners who were trying to secure financing for their businesses. Instead of
providing the start-up or investment funds promised, the defendant stole
millions of dollars in earnest money. Now he will spend five years in prison,”
said United States Attorney Sally Quillian Yates.
Ricky Maxwell, Acting Special Agent in
Charge, FBI Atlanta Field Office, stated: “While the FBI often investigates
elaborate and varied schemes to defraud, the basic commonality is that of
misplaced or abused trust and greed. Mr. Dallas had no regard for his victims
as people and saw them as merely an opportunity to enrich his own bank
account.”
Dallas was sentenced to five years in
prison to be followed by three years of supervised release, and ordered to pay
$3,199,050 in restitution. Dallas was convicted of these charges on July 6,
2012, upon his plea of guilty to a criminal information.
According to United States Attorney
Yates, the charges, and other information presented in court: In 2010, two
Americans based in Germany, Kenneth Swenson and Heather Cote, used the Internet
and telephone to promise prospective small business borrowers and others in the
United States that they could assist them in securing financing from wealthy Eastern
European investors. Swenson and Cote represented to victims that the investors
required payment up front of “100 percent refundable consideration fees,”
typically 15 percent of the contractual funding amount, as a form of earnest
money. After some victims balked at sending the fees, Cote recruited Dallas to
assist in the scheme. Dallas subsequently established Southeastern Escrow
Express in Panama City, Florida to facilitate the fraud. Dallas entered into
written contracts with would-be borrowers, promising them that their
“consideration fees” would be held in escrow until needed at the closing table
for the project financing. The promised closings never occurred and millions of
dollars in advance fees were never refunded.
Kenneth Swenson, 49, formerly of
Atlanta, Georgia, and Heather Cote, 40, of Tustin, California, are charged in a
separate federal indictment with conspiracy to commit wire fraud and several
counts of wire fraud, among other charges. Swenson is a fugitive.
This case was investigated by the
Federal Bureau of Investigation.
Assistant United States Attorney Brian
Pearce prosecuted the case.
For further information please contact
the U.S. Attorney’s Public Information Office at USAGAN.PressEmails@usdoj.gov or
(404) 581-6016. The Internet address for the HomePage for the U.S. Attorney’s
Office for the Northern District of Georgia is www.justice.gov/usao/gan.
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