A certified public accountant (CPA) and purported outside auditor for
Provident Capital Indemnity Ltd. (PCI) was sentenced today in Richmond,
Va., to 54 months in prison for his role in an approximately
half-billion-dollar fraud scheme that affected more than 3,500 victims
throughout the United States and abroad, announced U.S. Attorney for the
Eastern District of Virginia Neil H. MacBride and Assistant Attorney
General Lanny A. Breuer of the Justice Department’s Criminal Division.
Jorge Luis Castillo, 57, a resident of New Jersey, was sentenced today
by U.S. District Judge John A. Gibney in the Eastern District of
Virginia.
In addition to his prison term, Castillo was sentenced to three
years of supervised release and ordered to pay $43,582,699 in
forfeiture.
Castillo pleaded guilty on Nov. 21, 2011, to one count of conspiring to
commit mail and wire fraud. Castillo was a PCI employee prior to
becoming PCI’s “outside auditor.”
“As a licensed accountant, Mr. Castillo used his expertise to create
fraudulent financial statements out of whole cloth,” said U.S. Attorney
MacBride. “Many elderly investors relied on Mr. Castillo’s credibility
as an outside auditor before entrusting their life savings in this fraud
scheme. Accountants and auditors are the gatekeepers of our financial
system and are entrusted with the critical role of protecting the public
from fraud. Today’s sentence will hopefully send a strong message to
those in the accounting profession that they will be held responsible
when they break that trust by facilitating or participating in fraud.”
“Jorge Luis Castillo will spend 54 months in prison for trading on his
qualifications as a CPA to facilitate a massive fraud scheme that harmed
investors throughout the United States and abroad,” said Assistant
Attorney General Breuer.
“Mr. Castillo’s prison sentence demonstrates the Justice
Department’s commitment to holding accountable any fraudster who preys
on innocent, unsuspecting investors.”
According to court records, PCI was an insurance and reinsurance company
registered in the Commonwealth of Dominica and doing business in Costa
Rica.
PCI sold financial guarantee bonds to companies selling life
settlements, or securities backed by life settlements, to investors. PCI
marketed these bonds to its clients as a way to alleviate the risk of
insured beneficiaries living beyond their life expectancy.
PCI’s clients, in turn, typically explained to their investors
that the financial guarantee bonds ensured that the investors would
receive their expected return on investment irrespective of whether the
insured on the underlying life settlement lived beyond his or her life
expectancy.
Castillo admitted that he conspired with Minor Vargas Calvo, 61, the
president and majority owner of PCI, to prepare audited financial
statements that falsely claimed that PCI had entered into reinsurance
contracts with major reinsurance companies.
These claims, which were supported by a letter from Castillo
stating that he conducted an audit of PCI’s financial records, were used
to assure PCI’s clients that the reinsurance companies were
backstopping the majority of the risk that PCI had insured through its
financial guarantee bonds.
Castillo further admitted that he never performed an audit of PCI’s
financial statements and that, in fact, he personally created the
statements he claimed to be independently auditing. He also admitted
that he and others at PCI knew that the company never actually entered
into reinsurance contracts with any major companies.
Castillo also admitted that he and other conspirators provided
the false financial statements and fraudulent independent auditors’
report to Dun & Bradstreet (D&B), which D&B relied on in
compiling its commercial reports on PCI and issuing its 5A rating of
PCI’s financial strength.
From 2004 through 2010, PCI sold at least $485 million of bonds to life
settlement investment companies located in various countries, including
the United States, the Netherlands, Germany, Canada and elsewhere.
PCI’s clients, in turn, sold investment offerings backed by PCI’s bonds to thousands of investors around the world.
Purchasers of PCI’s bonds were allegedly required to make
up-front payments of six to 11 percent of the underlying settlement as
“premium” payments to PCI before the company would issue the bonds.
Court records state that Castillo received approximately
$84,000 from his work as the purported outside auditor of PCI from 2004
through 2010.
Vargas, a citizen and resident of Costa Rica, was convicted on April 30,
2012, of one count of conspiracy to commit mail and wire fraud, three
counts of mail fraud, three counts of wire fraud and three counts of
money laundering. On Oct. 23, 2012, he was sentenced to 60 years in
prison. PCI pleaded guilty on April 18, 2012, to conspiring to commit
mail and wire fraud, and was sentenced on Sept. 6, 2012, to one year of
probation.
This investigation is being conducted by the U.S. Postal Inspection
Service, Internal Revenue Service – Criminal Investigation, and FBI,
with assistance from the Virginia State Corporation Commission, the
Texas State Securities Board and the New Jersey Bureau of Securities.
This case is being prosecuted by Assistant U.S. Attorneys
Michael S. Dry and Jessica Aber Brumberg of the Eastern District of
Virginia and Assistant Chief Albert B. Stieglitz Jr. of the Justice
Department Criminal Division’s Fraud Section.
The U.S. Securities and Exchange Commission (SEC) conducted a parallel
investigation and in January 2011 filed a parallel civil enforcement
action against PCI, Vargas and Castillo. The department thanks the SEC
for its assistance in this matter.
The investigation has been coordinated by the Virginia Financial and
Securities Fraud Task Force, an unprecedented partnership between
criminal investigators and civil regulators to investigate and prosecute
complex financial fraud cases in the nation and in Virginia
specifically. The task force is an investigative arm of the President’s
Financial Fraud Enforcement Task Force, an interagency national task
force.
President Obama established the Financial Fraud Enforcement Task Force
(FFETF) 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.