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FINRA Bars Brokers in Multimillion-Dollar Ponzi Schemes
The latest Ponzi schemes keep with the theme of brokers allegedly bilking from the elderly, including those close to them.
The Financial Industry Regulatory Authority (FINRA) has permanently barred two brokers, Oren Eugene Sullivan, Jr., of Rock Hill, South Carolina, and William Walter Spencer, Sr., of Franklin, Tennessee, for running Ponzi schemes targeting a wide range of investors, including the elderly and mentally and physically impaired.
FINRA said Sullivan, a broker for NYLife Securities, misappropriated approximately $3.7 million in a decades-long Ponzi scheme involving more than 30 clients, including 15 widows, two Alzheimer’s victims, and an individual with developmental impairments. At least eight of the clients were older than 80 and another four were older than 70. Many of the clients considered Sullivan a close friend.
Spencer allegedly “borrowed” nearly $2 million from elderly members of his church and from customers of his broker/dealer, Wiley Bros.-Aintree Capital, LLC, according to FINRA.
“The protection of seniors and other vulnerable investors from unscrupulous brokers remains one of FINRA’s highest priorities, and we will continue to identify and expel those within our jurisdiction who take unfair advantage of their clients,” said Susan L. Merrill, FINRA’s executive vice president and chief of enforcement. “The misconduct of these brokers was nothing short of egregious—and their financial exploitation of the elderly, the infirm and people who considered them trusted friends shocks the conscience.”
Amid financial turbulence, Ponzi operations have been collapsing at record speeds (see “Recession Foils Ponzi Schemes”). As was the case with Bernard Madoff, it is common for Ponzi schemes to involve friends, family, and church members (see “FINRA Bars Broker for Operating Ponzi Scheme” and “Ponzi Schemes: Side by Side”).
Background
FINRA found that from late 1988 to October 2008,
Sullivan obtained money for personal use by leading his victims to
falsely believe that they were investing in promissory notes or other
legitimate financial products issued by NYLife or its affiliates.
In
exchange for the money he took from customers, Sullivan usually
provided a one-page "note" stating the amount of principal and
promising an annual interest rate, ranging from 6% to 12%. The borrower
was listed as a made-up entity called IFP, standing for “insurance
financial product” or “insurance financial professional.”
Clients
wrote out checks to “IFP-NYL” or “IFP-NYLife,” which Sullivan was
allowed to deposit into his own accounts. In total, Sullivan obtained
approximately $3.7 million from his scheme and, at the time he was
caught, owed approximately $2.2 million, which was since paid back to
customers by NYLife.
Sullivan’s vast Ponzi scheme unraveled when
a customer’s daughter became suspicious, leading to an internal
investigation by Sullivan’s superiors.
In the case of Spencer,
who ran a Ponzi scheme from December 1997 to May 2008, investors were
also induced to invest in promissory notes. The notes falsely promised
rates of return 10% to 12% higher than rates available on traditional
investments, according to FINRA.
Overall, there were 234
transactions and most of the investors were elderly members of
Spencer’s church community. All of the individuals were of “modest
means,” such as a 62-year-old school bus driver who loaned Spencer
$60,000. Spencer failed to repay many of the individuals as promised
and used the proceeds of new loans to satisfy existing loans, FINRA
found.
Both Spencer and Sullivan consented to the entry of FINRA's findings without admitting or denying charges.