LOS ANGELES
– Two brothers who allegedly operated an unlicensed investment advisory
business out of their parents’ Encino home were arrested today on federal wire
fraud charges for an alleged scheme in which they used false account statements
to hide multi-million dollar losses of their investors’ funds.
Motty
Mizrahi, 46, of Encino, and Sassi Mizrahi, 53, of Sherman Oaks, were arrested
this morning and made their initial appearances today in United States District
Court.
According to
the criminal complaint filed in this case, Motty Mizrahi falsely portrayed
himself as a licensed broker, certified public accountant, and experienced
trader who employed sophisticated financial option- and insurance-hedging
strategies through the brothers’ business, MBIG Company. The Mizrahi brothers
operated MBIG out of their parents’ home in Encino, court documents state. From
November 2012 until March 2019, Motty Mizrahi raised millions of dollars from
investors, promised them “guaranteed” returns between 2 percent and 3 percent
per month, and assured them that their funds could be withdrawn after an
initial holding period on an on-demand basis. Motty Mizrahi allegedly submitted
phony monthly account statements that purported to show consistent monthly
gains and also falsely showed that MBIG’s account balances were between $6
million and $9 million. However, Motty Mizrahi instead lost the investors’
money – losses he and Sassi Mizrahi denied when confronted by victims who
unsuccessfully demanded their money back, the affidavit states.
The
complaint also alleges that Motty Mizrahi distributed to investors a financial
prospectus that contained false and fraudulent representations concerning
MBIG’s past investment performance. The Mizrahi brothers also allegedly misled
investors about their company’s E*Trade brokerage account, which was supposed
to be used for investors’ money but in reality did not exist. Instead, Motty
Mizrahi routed all victim-investor funds into his own personal trading account,
the affidavit states. After E*Trade closed Motty Mizrahi’s personal accounts,
Motty and Sassi Mizrahi allegedly continued to mislead investors by assuring
them that MBIG had an E*Trade account containing adequate balances to cover the
victim-investors’ initial investments.
If convicted
on the wire fraud charges, the defendants would each face a statutory maximum
sentence of 20 years in federal prison.
A criminal
complaint contains allegations that a defendant has committed a crime. Every
defendant is presumed innocent until and unless proven guilty beyond a
reasonable doubt.
In a related
action, the U.S. Securities and Exchange Commission filed a civil fraud action
against Motty Mizrahi and MBIG Company and obtained emergency relief including
a temporary restraining order and an asset freeze order against the defendants.
The criminal
case is being investigated by the Federal Bureau of Investigation.
This matter
is being prosecuted by Assistant United States Attorney Adam P. Schleifer of
the Major Frauds Section.
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