Jay Ledford Created False Documents to Conceal the Fraud;
SEC Has Related Civil Action
Baltimore, Maryland – Jay B. Ledford, age 55, of Westlake,
Texas and Las Vegas, Nevada pleaded guilty today to conspiracy to commit wire
fraud, aggravated identity theft, and a money-laundering transaction in excess
of $10,000, arising from a $550 million investment fraud scheme that operated
from 2013 through September 2018.
Co-defendants Kevin B. Merrill, age 53, of Towson, Maryland, and Cameron
R. Jezierski, age 28, of Fort Worth, Texas, previously pleaded guilty to their
roles in the scheme. The U.S. Securities
and Exchange Commission (SEC) has filed a parallel civil complaint in this
matter.
The guilty plea was announced by United States Attorney for
the District of Maryland Robert K. Hur; Acting Special Agent in Charge Jennifer
L. Moore of the Federal Bureau of Investigation, Baltimore Field Office; and
Special Agent in Charge Robert W. Manchak of the Federal Housing Finance
Agency, Office of Inspector General.
“Jay Ledford created false documents to help lure investors
through an elaborate web of lies, duping them into paying millions of dollars
into this Ponzi scheme,” said U.S. Attorney Robert K. Hur. “The effects of this kind of fraud can be
devastating. As a result of this scheme,
a number of victims have lost their life savings. I am proud of the work of federal
prosecutors, FBI agents, and our SEC partners whose efforts interrupted this
ongoing fraud scheme before the defendants could victimize even more people.”
According to his plea agreement, Ledford was a certified
public accountant in Texas, starting his own practice in Amarillo in 1996 and
later expanding to Dallas, Texas. In
1999, Ledford met Kevin Merrill in Dallas, when Merrill was a salesman for a
Baltimore company that sold supplies for X-ray machines for hospitals and
doctors’ practices. Ledford and Merrill
became friends, attending sporting events and visiting casinos together. Ledford prepared Merrill’s taxes for several
years.
As stated in his plea agreement, in 2001, Ledford began
purchasing consumer debt portfolios, forming a company which did business as
Platinum Capital Investments, to hold the debt portfolios. “Consumer debt portfolios” are defaulted consumer
debts to banks/credit card issuers, student loan lenders, and car/truck
financers which are sold in batches called “portfolios” to third parties that
attempt to collect on the debts. Ledford
also solicited investors to supply capital to buy a portfolio or invest in his
company. After learning of Ledford’s
financial success with Platinum Capital, Merrill expressed interest in getting
started in the business. Ledford sold
Merrill a few credit portfolios and introduced Merrill to his contacts with the
debt reporting services. Merrill formed
his own debt collection business, had capital investors, and purchased debt
portfolios.
Beginning in January 2013, Ledford and his co-conspirators
perpetrated a Ponzi scheme to defraud investors of more than $394 million. Specifically, Ledford and Kevin Merrill
invited investors to join them in purchasing consumer debt portfolios. Ledford provided fictitious sales agreements
and other documents, including false tax returns, to Merrill, knowing that
Merrill was using them to induce individuals to invest in his companies,
Delmarva Capital and Global Credit Recovery.
For 2013, Merrill deposited approximately $4.3 million from investors,
while Ledford raised just over $186,000 from investors. Thereafter, Merrill’s superior sales ability
caused Ledford to assume a background role supplying Merrill with fictitious
documents, while Merrill was the “front man,” promoting the fraudulent
investments to potential investors.
Specifically, the conspirators falsely represented to
investors that they would use the investors’ money to buy consumer debt
portfolios and make money for them by (1) collecting the payments that people
made on their debts or (2) selling the portfolios for a profit to other
third-party debt buyers, in a practice called “flipping.” According to the related complaint in the
civil action filed by the SEC, the victim investors included small business
owners, restauranteurs, construction contractors, retirees, doctors, lawyers,
accountants, bankers, talent agents, professional athletes, and financial
advisors, located in Maryland, Washington, D.C., Northern Virginia, Denver,
Texas, Chicago, New York, and elsewhere.
At today’s hearing, Ledford admitted that to induce
investors to participate, he and his co-conspirators falsely represented who
they were buying the debt portfolios from and how much they were paying for the
portfolios, whether they were investing their own funds, and their track record
of success. According to the plea agreement, sometimes there was no underlying
debt portfolio purchased with the investors’ money. To conceal the truth, Ledford, Merrill, and
Jezierski, created imposter companies with names similar to actual consumer
debt sellers or brokers and opened bank accounts in the names of those imposter
companies. In addition, to lend
credibility to the transactions, Ledford created false portfolio overviews,
sales agreements which used the names and forged signatures of actual employees
of the sellers, created false collections reports, and falsified bank
statements and merchant account reports.
In late 2014, Ledford transferred Cameron Jezierski to manage debt
collections for Riverwalk/DeVille.
DeVille had a collections center in Euless, Texas, and the conspirators
began to invite prospective investors to tour Riverwalk’s office and the
collections center, which added substance to their claims regarding the success
of their portfolio purchasing strategy and collections efforts. In December 2017, Ledford recruited Jezierski
to the criminal conspiracy because his analytical skills enabled him to
contribute significantly to creating false documentation to induce investors to
invest, and to conceal the mark-up Ledford and Merrill added to the purchase
price charged to investors for debt portfolios.
Further, Ledford admitted that he and Merrill falsely
represented that the monies the conspirators paid to investors were “proceeds”
from collections and/or flipping debt portfolios, when in fact, the proceeds
were paid from funds provided by other investors. Merrill and Ledford provided monthly or
quarterly reports to investors regarding the “purported progress of the
portfolio and its recovery,” which Ledford and Merrill created. From 2013 - 2018, the scheme to defraud took
in over $394 million, and at the time of their arrests, the co-conspirators
were attempting to obtain an additional $260 million from investors. Ledford assisted Merrill to divert investors’
funds to purchase a home in Naples, Florida, and also helped Merrill falsisfy
records to the bank lender. Ledford
diverted fraud proceeds to purchase and renovate a home in Las Vegas, Nevada,
to refinance a home in Texas, to gamble at casinos, purchase luxury
automobiles, jewelry, and to support a lavish lifestyle.
As part of his plea agreement, Ledford is required to pay restitution
in the full amount of the victims’ losses and to forfeit property acquired with
the proceeds of the offenses. The U.S.
District Court has appointed a receiver to marshal the assets for the benefit
of the victims.
Anyone who thinks they may be a victim is urged to contact
the FBI at www.FBI.Gov/MerrillLedford or
e-mail MerrillLedford@fbi.gov.
Ledford faces a maximum of 20 years in prison for the wire
fraud conspiracy; a mandatory two years in prison, consecutive to any other
sentence, for aggravated identity theft; and a maximum of 10 years in prison
for money laundering, as well as a possible fine of $250,000, or twice the
gross gain, for each of the three counts.
U.S. District Judge Richard D. Bennett has scheduled sentencing for
October 29, 2019, at 10 a.m.
Kevin B. Merrill, age 53, of Towson, Maryland, and Cameron
R. Jezierski, age 28, of Fort Worth, Texas, previously pleaded guilty to their
roles in the scheme. Judge Bennett has
scheduled sentencing for Merrill on October 10, 2019, at 9:30 a.m., and for
Jezierski on August 12, 2019 at 3:00 p.m.
Kevin Merrill’s wife, Amanda Merrill, age 30 of Towson, Maryland, is
charged with conspiracy to obstruct justice.
No court appearance is currently scheduled for Amanda Merrill. Kevin Merrill and Ledford have been detained
since their arrests on September 18, 2018, and Amanda Merrill and Cameron
Jezierski are released under the supervision of U.S. Pretrial Services.
United States Attorney Robert K. Hur commended the FBI in
Baltimore, Dallas, Las Vegas and Tampa; the Federal Housing Finance Agency,
Office of the Inspector General; and the SEC for their work in this
investigation. Mr. Hur thanked Assistant
U.S. Attorneys Joyce K. McDonald and Martin J. Clarke, who are prosecuting the
criminal case.
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