Mail Fraud

Published on: January 15, 2014

Lee County Federal Criminal Defense Attorney :: Cape Coral Man Receives 6 Years in Prison for Bank and Investor Fraud

by Whittel & Melton, LLC

A 63-year-old man was sentenced to six years in federal prison last week for bank fraud, mail fraud, and wire fraud.

The man pleaded guilty to the above charges on March 14, 2013.

Court records indicate that the man was president and director of a realty company in southwest Florida. In June 1990, he apparently created a Trust Agreement for approximately 101 acres of unimproved land, in Cape Coral for which he was the trustee and also one of its beneficiaries, along with 52 named combined interest holders or beneficiaries. He mortgaged the trust property without the consent of the other beneficiaries by submitting fraudulently altered trust agreements to multiple banks that named him as the sole beneficiary.

The man also executed various loan documents, where he falsely claimed to be the sole beneficiary, giving him the authorization to mortgage the property. He received $2 million from Florida Community Bank in 2002 for the first mortgage loan. He then paid that loan off in 2006 with a mortgage loan exceeding $17 million from First National Bank of Pennsylvania. Court documents show that the man used most of the money from the second loan for personal use to fund other projects. He defaulted on the First National Bank of Pennsylvania mortgage loan, causing the bank to foreclose on the property in October 2009, leaving an unpaid principal balance of $17.03 million.

The beneficiaries of the 101 acres have yet to receive compensation for their initial payments as interest holders, yearly payments or for the increase in the value of the Trust property.

Bank fraud violations, along with other white collar crimes are harshly punished in the state of Florida and throughout the United States. Under federal statutes, a conviction for bank or mortgage fraud may carry up to $1 million in penalties and 30 years in federal prison. Attempting to commit bank fraud carries the same penalties as the actual crime itself.

Once a conviction is achieved in bank fraud cases, sentencing generally depends on the amount of money lost in the scheme. A Lee County Federal Criminal Defense Lawyer at Whittel & Melton can help those accused of bank fraud fight the severe ramifications of a bank fraud conviction.

Published on: December 30, 2013

Duval County Criminal Defense Lawyer :: Jacksonville Insurance Salesman Pleads Guilty to 15-Year Ponzi Scheme

by Whittel & Melton, LLC

A Jacksonville insurance salesman pleaded guilty to a 15-year scam in federal court Friday. Reports suggest that more than 50 people were bilked out of nearly $5 million.

Prosecutors claim that the investments the man promised large returns on were actually a Ponzi scheme that he used to buy commercial property, luxury cars and other items.

The 49-year-old man faces up to 80 years in prison, a fine of over $1 million as well as paying restitution to the victims involved in all 34 counts of the federal grand indictment.

Court records indicate that many of the victims were Duval County School Board employees who invested money from their Deferred Retirement Option Program, also known as DROP. There were also out of state investors in Georgia and North Carolina.

The man pleaded guilty to two counts of mail fraud, one count of wire fraud and one count of money laundering. All other charges were dropped.

The man remains free pending a sentencing hearing, which has yet to be scheduled.

Court records claim the scheme started in 1996 when the man set up a shell corporation, Abaco Securities International, in the Turks and Caicos Islands, British West Indies, as a fake offshore investment company. The man was listed as the director of the company, but the only location was a post office. The man solicited his victims to invest their retirement savings in an investment product he described as ASI and promised interest rates sometimes exceeding 12 percent.

While some of the money was sent to a financial services company where the man had told his investors the retirement money would be invested, prosecutors claim the majority of the funds were deposited into SunTrust accounts set up by the man and then stolen by him. This apparently lasted until 2011.

A Ponzi scheme, also known as a business or investment pyramid, is defined as an investment plan where early investors are paid with the investments of later investors. While the plan may have started out legitimately, with everyone intention of delivering appropriate funds to investors, somewhere down the line the manager of the funds found that the investment strategy could not meet its goals, and in order to meet the demands of initial investors, used the money from later investors to pay early backers.

Due to the large sums of money involved in Ponzi schemes, these criminal cases are usually tried in federal court. They often include charges of mail fraud, wire fraud and money laundering. When Ponzi schemes are uncovered and a person faces criminal charges in federal court, it is not surprising to find out that law enforcement has been investigating them for months, possibly for a year or more.

Published on: February 7, 2013

Vero beach couple charged with defrauding seniors through charitable organization scheme

by Whittel & Melton, LLC

The Securities and Exchange Commission has charged Vero Beach, Florida couple, Richard and Susan Olive, for allegedly raising millions of dollars selling investments for a purported charitable organization while defrauding senior citizens and exaggerating the amount of contributions actually made to charity.

The SEC complaint, filed in the Southern District of Florida, charges the Olives with aiding and abetting violations of the antifraud provisions of the federal securities laws as well as violations of the securities and broker-dealer registration provisions of the federal securities laws.

The SEC complaint against the Olives lays out a scheme where the Olives were hired at We The People Inc., a Tallahassee-based non-profit organization that obtained $75 million from more than 400 investors in Florida, Colorado, and Texas by selling an investment product they described as a charitable gift annuity (CGA). Allegations are that the CGAs issued by We The People differed from legitimately-issued CGAs– namely that they were issued primarily to benefit the Olives and other third-party promoters and consultants. Only a small amount of the money raised was actually directed to charitable services. Meanwhile the Olives received more than $1.1 million in salary and commissions, and they also siphoned away investor funds for their personal use.

Published on: September 18, 2012

South Florida Man Facing Various Fraud Charges for Allegedly Filing False Claims with BP Oil Spill Fund :: Whittel & Melton

by Whittel & Melton, LLC

A Homestead, Florida man was charged Friday with several counts of mail, wire and access device fraud after allegedly filing false claims for thousands of dollars with the BP oil spill fund.

The man is currently being held without bail.

Prosecutors claim the man filed papers with the Gulf Coast Claims Facility falsely indicating he had worked for a Florida Keys business and had lost wages due to the 2010 oil spill in the Gulf of Mexico.

He apparently pursued a total of $37,000.

The man now faces several decades in prison for the charges stacked against him.

Fraud offenses are usually classified as “crimes of confidence.” Meaning, people are charged for these crimes for profiting from abusing the trust of another person or entity. While lacking the physical violence usually involved in most traditional crimes, white collar crimes such as wire, mail or credit card fraud carry severe punishments. If you have been charged with white collar fraud, a criminal defense attorney can analyze your case and advise you on how to best proceed given the circumstances.

Any crime utilizing U.S. mail or electronic communications, such as phones, Internet or e-mail can be considered mail or wire fraud. Both of these crimes are federal charges and carry harsh consequences. Both wire and mail fraud charges carry a 20 year prison sentence if convicted. If you are found guilty of defrauding a financial institution or federal agency, you can be sentenced to 30 years in prison. However, in order to obtain a conviction, prosecutors must be able to demonstrate that you knowingly and willfully attempted to defraud someone and that you intentionally used the mail or interstate electronic communication to purposefully commit a crime. Whether or not you were successful in completing the crime or defrauding someone else is irrelevant.

Published on: November 23, 2011

Federal Mail Fraud Defense Attorneys Whittel & Melton :: Ex-Gainesville Man Sentenced to 20 Years in Connection with Multi-Million Dollar Ponzi Scheme

by Whittel & Melton, LLC

A former Florida resident was sentenced to the maximum sentence of 20 years in federal prison on Thursday for mail fraud in connection with a $30 million Ponzi scheme.

His original charges also included wire fraud and conspiracy, crimes that often get charged in conjunction with mail fraud cases.

The case was investigated by the U.S. Postal Inspection Service, the Florida Department of Law Enforcement, the Florida Office of Financial Regulation, the Florida Attorney General’s Office and prosecuted by the U.S. Attorney’s Office.

The 48-year-old man was ordered to surrender $29.9 million, numerous computers and computer equipment purchased using earnings from the scheme.

According to authorities, the man received $30 million from more than 500 investors in Florida and throughout the United States by assuring them that they could earn 10 percent interest per month by trading in foreign currency through his company located in Pasco County.

The man supposedly only invested a small portion of the assets obtained, paid investors about $15 million of other investors’ money and spent millions of dollars on personal items for himself, friends and family. He allegedly leased high-end real estate in New York City, private jets, and bought luxury cars, clothing and jewelry.

The Florida Attorney General’s Office shut down the man’s former company in April 2010 and froze its assets after investigating a grievance against the company. During that time the man had a Gainesville address and supposedly went to school in the area.

He was arrested in New York City on Nov. 4, 2010 and indicted Dec. 1.

Mail fraud and wire fraud are broad terms used in any case involving theft by mail, by Internet, by electronic transfer, by phone or any other comparable scenario. The State must prove intent beyond a reasonable doubt to obtain a conviction for this white collar offense. A mail fraud or mail theft case revolves around several points:

• Did the accused actually plan to commit fraud?

• Did the accused willfully and intentionally create a plot to cheat another person or persons
out of money or property?

• Did the accused use the postal system in their scheme to defraud?

Prosecutors and investigators for fraud cases are aggressive in pursuing charges, which means your case can drag on for a lengthy time period. If convicted of mail fraud, the penalties include stiff fines or imprisonment for up to 20 years, possibly both. If the violation concerns a financial institution such as a bank, the fine can be elevated as high as $1,000,000 and imprisonment up to 30 years.