That has changed as the criminal case nears the indictment stage. Government summarized charges and terms of plea agreement. They are Brian Rice, who formerly headed Key Banks operations in much of Oregon, Andrew MacRitchie, The Scotland native who came to Portland when when Scottish Power purchased PacifiCorp, and N. Scott Gillis, the former chief financial officer. In a separate proceeding, the SEC barred the three from the securities industry. Oliver was the companys primary fundraiser and shared responsibility for the operation and management of Aequitas-affiliated companies and investment products as well as for the use of investor money. By early January 2016, Aequitass general counsel advised Gillis and other executives that the company would soon default on payments due to Private Note investors, causing an event of default on Aequitass loan agreement with Wells Fargo. Ledger was the co-founder of Aequitas, which was then a small New York based company that dealt primarily in commercial paper. A lock ( The Oregon firm thought it had hit the motherlode when it got into the college debt business. All rights reserved (About Us). Sentencing is set for 8/5/2019 at 9:00AM in Portland before Judge Michael W. Mosman. Jesenik also must pay a civil penalty of $625,000. One of Aequitas biggest moneymakers disappeared almost overnight. 2020 update: Aequitas investors recoup some money. Between 2011 and 2014, Aequitas purchased more than $561 million in student loan debt, almost all of which was with Corinthian. (Court Reporter Ryan White) (kms) (Entered: 04/19/2019) A federal court in Oregon entered final judgments against Aequitas Management requiring the firms receiver to pay $453 million in disgorgement. Federal prosecutors have already cut guilty plea deals with two former Aequitas executives. Main Office: The company's general counsel just quit. (1) Portland, Oregon 97204 By that time, it was clear to Aequitas executives the company was in deep financial trouble., Kayser added. Attorney Billy J. Williams announced today that Brian A. Oliver, a former owner and executive vice president of Aequitas Management, LLC and several other Aequitas-related companies has pleaded guilty to conspiring to commit mail and wire fraud and money laundering. Brian received a Bachelor of Science degree from Oregon State University. The firm sold more than $300 million worth of private investment notes, mostly through financial advisers. A Salem, Oregon man pleaded guilty today for using Twitter to threaten violence against employees of Robinhood Markets, Inc., an online financial services company based in Menlo Park, California. 04/19/2019 14 Plea Petition and Order Entering Plea as to Defendant Brian A. Oliver. The SECs complaint, filed on March 10, 2016, alleged that Aequitas Management and four affiliates defrauded more than 1,500 investors nationwide when that money was being used primarily to cover operating losses and to pay earlier investors in a Ponzi-like fashion, according to an April 24 SEC press release on the final judgment. An official website of the United States government. Use of editorial content without permission is strictly prohibited|All rights reserved, Securities and Exchange Commission complaint filed in 2016, Aequitas meltdown underscores the importance of due diligence, caution, Fintech Bytes: RBC selects Vestwell, Riskalyze partners with Opto, Morgan Stanley ESG ETFs get the cold shoulder, HSA participants fail to take full advantage of tax trifecta, Investors keep dumping Blackstone REIT shares, Striving to win at compassion? Nelson Scott Gillis, 69, of Lake Oswego, Oregon, pleaded guilty to one count of making a false statement to a bank. PORTLAND, Ore.U.S. If the sentencing materials are not received on time or the Court is not advised that none will be filed, the sentencing may be rescheduled. The fallout continues in the Aequitas Management scandal, which has produced guilty pleas, jail sentences, big-dollar fines and, now, additional bans from the industry by the Securities and Exchange Commission (SEC). Ameritrade and big law firms like Sidley Austin gave the local operation a sheen of legitimacy. Gillis, who was previously indicted for conspiring to submit false statements to a federally insured creditor, was the companys chief operating officer and chief financial officer. They are also prohibited from violating the SECs antifraud provisions. Bob Jesenik and Brian Oliver, the long-time chief executive and second-in-command at the Lake Oswego financial firm, said any misstatements they may have made to investors were simply. District of Oregon Bob Jesenik has not been criminally charged. It was the beginning of the end for the high-flying company. Portland, Oregon 97204 Lock By the time he left, he was also in charge of Key Banks operations in Washington and Alaska. Cookie Settings/Do Not Sell My Personal Information. [More: Aequitas meltdown underscores the importance of due diligence, caution]. The Aequitas entities, Jesenik, and Gillis consented to the entry of final judgment without admitting or denying the SECs allegations. Plea Petition and Plea Agreement signed and accepted by the Court. | Articles The SEC alleges that CEO Robert J. Jesenik and executive vice president Brian A. Oliver were well aware of the firm's dire financial status but continued to solicit hundreds of millions of dollars in investments to stave off the firm's complete collapse. Court finds guilty pleas to be knowing and voluntary. ) or https:// means youve safely connected to the .gov website. The company had three policies each for $5 million of coverage. Aequitas Management LLC and four affiliates allegedly defrauded more than 1,500 investors nationwide into believing they were making health care, education, and transportation-related investments when their money was really being used in a last-ditch effort to save the firm. A native of the United Kingdom, he served as the British honorary consul in Portland for several years. Collectively, the defendants also failed to disclose other critical facts about the company, including its near-constant liquidity and cash-flow crises, the use of investor money to repay other investors and to defray operating expenses, and the lack of collateral to secure funds. Jesenik, a former resident of West Linn, Oregon, is charged in a 32-count indictment with conspiracy to commit mail and wire fraud, wire fraud, bank fraud, and money laundering. On or about January 12, 2015, Aequitas entered into a loan agreement with Wells Fargo to establish a $100 million line of credit. Email USAO-OR. Wealth Management as an industry doesnt understand direct real estate and real estate certainly doesnt understand wealth management, says Realized founder David Wieland. 1000 SW Third Ave Suite 600 But it appears they are far from done. On March 16, 2016, pursuant to the Stipulated Interim Order Appointing Receiver, the Receiver was appointed as receiver . Accounting giant Deloitte, stock trader T.D. MacRitchie was ScottishPowers point man in its efforts to buy Pacificorp and served as an executive vice president there. Bob Jesenik, the co-founder and face of the defunct Lake Oswego investment firm Aequitas Management, was indicted Tuesday on charges he defrauded hundreds of its former clients. Learn more about reprints and licensing for this article. Court: United States District Court for the District of Oregon (Multnomah County), Plaintiff's Attorney: Scott E. Bradford and Ryan W. Bounds, Defendant's Attorney: Kendra M. Matthews and Whitney Patrick Boise, 18:1341 and 18:1343 CONSPIRACY TO COMMIT MAIL AND WIRE FRAUD Official websites use .gov Attorneys for the District of Oregon. Theyve got a team that really loves entrepreneurship and is equipped with different skill sets. 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. Brian Oliver and Olaf Janke, Aequitas chief financial officer before Gillis, pleaded guilty to similar charges. (chso). Sam Kauffman is MacRitchies attorney. He committed suicide in an attempt to hide . YouTubes privacy policy is available here and YouTubes terms of service is available here. The agency on Wednesday barred Aequitas partial owner and chief executive Robert Jesenik, 60, partial owner and executive vice president Brian Oliver, 55, and former chief financial officer N. Forgot your password? Brian Oliver is an Executive Vice President & President, Aequitas Financial Services Network at Aequitas Capital Management based in Lake Oswego, O regon. brian oliver, aequitas brian oliver, aequitas Home Realizacje i porady Bez kategorii brian oliver, aequitas Co-founders Bob Jesenik and Brian Oliver had participated in too many sketchy deals for sophisticated Oregon investors to feel comfortable with them. Share sensitive information only on official, secure websites. The company opened slick new offices in New York City. This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. Rice served as Aequitass executive vice president and president of wealth management. MacRitchie oversaw all Aequitas accounting, legal, and audit functions, and participated in fundraising. Not guilty pleas and denial of forfeiture allegation entered. Mike Esler, another attorney for Aequitas investors, credited federal prosecutors for sticking with an extremely complex case all the way to the indictment of Aequitas leader Jesenik. Please read our Terms and Conditions, Modern Slavery Act Transparency Statement, and Privacy Policy before using the site. Defendant proceeds as named. As part of his plea agreement, Gillis has also agreed to pay restitution as determined by the government and ordered by the court. Please sign in or register to comment. Email USAO-OR. He will be sentenced on August 5, 2019before U.S. District Court Judge Michael W. Mosman. He also established Aequitass New York Office and directed Aequitass Lux Fund, a Luxembourg-based fund used to solicit international investors. 2023 InvestmentNews LLC. Rice, former president of Key Bank of Oregon, acknowledged in recent court filings that he is a target in the case. Aequitas did make legitimate investments. Marketing? There was the motorcycle leasing company. Guilty pleas entered as to Counts 1 and 2 of the Information. Prosecutors claim the Aequitas executives misled company investors about how their money was being used. Previously, Brian was an Executive VP, Business Development at Alternative Asset Management. Until now, Rice and MacRitchie have faced minimal legal expenses. More Local News to Love Start today for 50% off Expires 3/6/23. Brian A. Oliver, a former owner and executive vice president of Aequitas Management, LLC and several other Aequitas-related companies pleaded guilty to conspiring to commit mail and wire fraud and money laundering. Counsel Present for Defendant: Whitney Boise, Kendra Matthews. ORDER Presentence Report to be prepared by U.S. He worked for Portland banks for much of his career before he was named regional president of Key Bank in 2006. Aequitas was allegedly a fraud on top of another fraud Corinthian Colleges, the scandal ridden for-profit college that went bankrupt in 2015. But now it has a bigger problem: farmers are revolting against restrictions on how they repair complex equipment. Subsequent reports detailed Aequitas default on its debt, the resulting panic among investors, the secret conflicts, and the firms strange cultural mashup -- part Wall Street investment bank, part frat party, part Bible class. Over the last few years Cathedral has really provided sage advice as weve been growing our green building companies. Defendant sworn and examined. Recently, MacRitchie has incurred defense costs in connection with the DOJ investigation and expects to continue to incur Defense Costs in that matter, his lawyer said in a court filing. Aequitas finances were already spiraling down, and the worse they got, the more student debt the firm bought from Corinthian. The company's general counsel just quit. They've got that too. Much of the cash went to make the payments owed to other investors. In reporting on the Aequitas claim, a local publication, The Oregonian, wrote: "Aequitas never gained the local reputation for integrity and savvy that its executives longed for. Former Aequitas executives and co-conspirators Brian A. Oliver and Olaf Janke previously pleaded guilty to conspiring to commit mail and wire fraud and money laundering on April 19, 2019, and June 10, 2019, respectively. According to court documents, Aequitas created and operated investment funds that purchased trade receivables in education, health care, transportation, and other consumer credit areas. Counsel Present for Plaintiff: Scott Bradford, Ryan Bounds. Former Aequitas Owner and Executive Vice President . There was the company that bought bad debt from hospitals for pennies on the dollar and then tried to collect on the debt. An official website of the United States government. On January 26, 2023, a California man who evaded federal authorities for more than two decades after being convicted at trial and who was wanted in District of Oregon for District of Oregon Rice, a longtime Portland banker who eventually became regional president for Key Bank, gave up the big downtown office to join Aequitas in 2014. 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Among his responsibilities, Rice oversaw the solicitation of investments through registered investment advisors (RIA) and managed Aequitass affiliated RIAs. Scott Bradford is the lead prosecutor on the case. Brians experience encompasses a variety of positions across commercial banking, investment banking, alternative asset management, and business advisory services. Gillis was the second Aequitas chief financial officer. The Oregonian/OregonLive began investigating Aequitas in 2014, when it linked the firm to accusations of predatory student loans at Corinthian. CEO Robert Jesenik will have to pay $1.57 million to settle fraud charges, while executive vice president Brian A. Oliver and former CFO N. Scott Gillis will each have to pay hundreds of thousands of dollars as part of a consent decree finalized in Oregon federal court on April 13. 2 executive Brian Oliver pleaded guilty to the same charges in April. Brian Rice and Andrew MacRitchie left their corporate posts for jobs at Aequitas Capital. All rights reserved (About Us). A former senior executive and chief financial officer of Aequitas Management, LLC, and several other entities formerly owned by Aequitas, pleaded guilty today to submitting a false statement to an Aequitas creditor to obtain a $4.2 million loan for the now-defunct company. U.S. Attorney's Office, District of Oregon, Criminal conspiracy could have cost investors more than $600 million, Former Aequitas Owner and Executive Vice President Pleads Guilty in Fraud and Money Laundering Conspiracy, Salem Man Pleads Guilty for Using Twitter to Threaten Violence Against Robinhood Employees, FBI and Partners Issue National Public Safety Alert on Financial Sextortion Schemes, Armed Robbery Crew Posing as DEA Agents Charged in Federal Court, Former Aequitas Owner and Executive Vice President Pleads Guilty In Fraud and Money Laundering Conspiracy. (kms) (Entered: 04/19/2019), Home Oliver also was charged criminally for his conduct and has pled guilty, but has not yet been sentenced. Aequitas collapsed in 2016 owing about $600 million to investors. (Tape #FTR-9B) (gw) (Entered: 04/19/2019) Share Your Design Ideas, New JerseysMurphy Defends $10 Billion Rainy Day Fund as States Economy Slows, What Led to Europe's Deadliest Train Crash in a Decade, This Week in Crypto: Ukraine War, Marathon Digital, FTX, Exec VP & Pres:Financial Svcs, Aequitas Capital Mgmt Inc. 13. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Brian Oliver President, Cathedral Finance | Senior Advisor Brian has over 30 years experience in providing corporate finance and consulting solutions to small and medium sized businesses. The complaint also alleges that Aequitas Capital Management Inc. and Aequitas Investment Management LLC violated Sections 206(1), 206(2), and 206(4) of the Investment Advisers Act of 1940 and Rule 206(4)-8 thereunder, and that Jesenik, Oliver, and Gillis aided and abetted the violations of Aequitas and the affiliated entities. Former CFO N. Scott Gillis was required to pay a $300,000 civil penalty. U.S. Attorney's Office, District of Oregon, Former Aequitas CEO and Senior Executives Indicted in Fraud and Money Laundering Conspiracy, Forsage Founders Indicted in $340M DeFi Crypto Scheme, Russian Cryptocurrency Money Launderer Pleads Guilty, Former Fugitive Wanted in Oregon for Real Estate Scam Pleads Guilty, Former Aequitas CEO and Senior Executives Indicted In Fraud and Money Laundering Conspiracy. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. ) or https:// means youve safely connected to the .gov website. A .gov website belongs to an official government organization in the United States. | Advertising It began to default on the interest payments owed its legion of mom and pop investors. The SECs complaint alleged that Jesenik and Oliver were aware of Aequitass calamitous financial condition yet continued to solicit millions of dollars from investors to pay the firms ever-increasing expenses and attempt to stave off the impending collapse of the business. It added that Gillis allegedly concealed the firms insolvency from investors and was aware that Jesenik and Oliver continued soliciting investors so that Aequitas could pay operating expenses and repay earlier investors with money from new investors.. Another was a utility executive who helped change Portlands business landscape. As part of the final consent judgment, the defendants are prohibited from soliciting anyone to purchase or sell a security and prohibiting them from participating in the issuance, offer, or sale of any security of an entity they control, the SECs release stated. He argues he needs the money to help defray losses suffered by Aequitas investors. 04/19/2019 13 Plea Agreement as to Brian A. Oliver (kms) (Entered: 04/19/2019) | Store 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. Former Aequitas executives and co-conspirators Brian A. Oliver and Olaf Janke previously pleaded guilty to conspiring to commit mail and wire fraud and money laundering on April 19, 2019, and June 10, 2019, respectively. More Local News to Love Start today for 50% off Expires 3/6/23. Jesenik, Rice, and MacRitchie are all on pre-trial release pending a five-week jury trial scheduled to begin on April 3, 2023. Brian Oliver, Aequitas Capital's longtime No. He was even on the board of the Arlington Club. Both Rice and MacRitchie have asked the court for access to Aequitas insurance money to cover their defense costs. | Sign In, Verdict Corrections As U.S. Judge Magistrate Paul Papak noted in an October 2017 ruling, at that point 61 percent of the defense cost payments went to Jeseniks lawyers. As part of their plea agreements, they have both agreed to pay restitution in full to their victims as determined and ordered by the court. The Government does not seek detention and Defendant is released on conditions. Longtime Aequitas No. A locked padlock Secure .gov websites use HTTPS U.S. Attorney's Office, District of Oregon, Former Aequitas Senior Executive and Chief Financial Officer Pleads Guilty to Making False Statements to a Creditor, Forsage Founders Indicted in $340M DeFi Crypto Scheme, Russian Cryptocurrency Money Launderer Pleads Guilty, Former Fugitive Wanted in Oregon for Real Estate Scam Pleads Guilty, Former Aequitas Senior Executive and Chief Financial Officer Pleads Guilty To Making False Statements To a Creditor. The final judgments prohibit Jesenik, Oliver, and Gillis from serving as officers or directors of any public company. The company's general counsel just quit. They both opted not to talk. Aequitas investors lost about $600 million after the collapse. RIA Intel is part of Delinian. Brian Oliver and Olaf Janke, Aequitas chief financial officer before Gillis, pleaded guilty to similar charges. They've got that too. They also have people who have helped raise money and sell businesses so they can help with that too. This special highlights the best of the fifth annual event which was held in Singapore from November 14-17. By the time Corinthian filed for bankruptcy and students went on strike refusing to pay their loans some 75% of the receivables of the Aequitas notes came from the for-profit scam, according to RIA Intels first story on Aequitas. As Aequitas grew, its profile in the community also increased. It is believed that since he was ousted from Aequitas, Jesenik has been. Connecting decision makers to a dynamic network of information, people and ideas, Bloomberg quickly and accurately delivers business and financial information, news and insight around the world. Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. The new indictments bring to six the number of former Aequitas executives charged with defrauding investors. Brian provides Cathedral particular expertise in leading Merger & Acquisition transactions and arranging Corporate Finance solutions for its clients, after having been involved in extensive transactions of all sizes throughout his career. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (each updated 1/26/2023). Its not just the amount of insurance money that went to Jesenik that concerns the receiver. Greenspan uncovered a remarkable email exchange between Aequitas co-founder Brian Oliver and Andrew MacRitchie, the firm's one-time chief compliance officer, which seems to indicate they were. Over the last few years Cathedral has really provided sage advice as weve been growing our green building companies. Aequitas specialized in debt. Some money from new investors was allegedly used to pay earlier investors 18:1957 CONSPIRACY TO COMMIT MONEY LAUNDERING (See separate order.) The court also required Robert J. Jesenik, the firms former CEO, and Brian A. Oliver, its former executive vice president, to pay $940,806 and $235,928, respectively, in disgorgement and interest. Neither were charged when the U.S. Securities and Exchange Commission shut Aequitas down and filed a civil lawsuit in March 2016. Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross monetary gains or losses resulting from his crimes, and three years supervised release. Oliver was a partial owner and Executive Vice President of Aequitas Management, LLC ("Aequitas Management . Worse, regulators from the U.S. Consumer Financial Protection Bureau and the state Department of Justice began taking a hard look at the colleges agreement with Aequitas. It is being prosecuted by Ryan W. Bounds, Christopher Cardani and Siddharth Dadhich, Assistant U.S. Marketing? Oliver and his co-conspirators also failed to disclose other critical facts about the company, including its near-constant liquidity and cash-flow crises, the use investor money to repay other investors and to defray operating expenses, and the lack of collateral to secure funds. This case is being investigated by the FBI, IRS-Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. Luminaries from the downtown business establishment wanted to join the team. Other funds went to pay their salaries. Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. Aequitas also had tentacles spread throughout the RIA world. MacRitchie, the former utility executive, was the picture of respectability. He will be sentenced on June 27, 2023 by U.S. District Court Judge Michael H. Simon. SEC v. Aequitas Management, LLC; Aequitas Holdings, LLC; Aequitas Commercial Finance, LLC; Aequitas Capital Management, Inc.; Aequitas Investment Management, LLC; Robert J. Jesenik; Brian A. Oliver; and N. Scott Gillis Case Number: 16-cv-00438 (United States District Court for the District of Oregon) Date Filed: March 10, 2016 He is scheduled to be sentenced on Aug. 5. Its been a long time coming, Kayser said. Court finds defendant capable and competent to enter plea. Youve missed the point, Anxiety over tax refunds on the rise, Bankrate.com study shows, Gensler steps up warnings to money managers. Main Office: A .gov website belongs to an official government organization in the United States. Gillis was the second Aequitas chief financial officer. There was the commercial lender. Get started today before this once in a lifetime opportunity expires. PORTLAND, Ore.U.S. Now both have been sucked into the criminal fraud investigation of the collapsed firm. The current Aequitas Capital Management lawsuit was brought on by the heirs of Matthew Ledger. A locked padlock He declined to comment. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. A locked padlock Sentencing materials are due no later than 7/31/2019. Then Corinthian went bankrupt. MacRitchie was the companys executive vice president and chief compliance officer. There was no more hiding the fact that Aequitas was broke. The agency on Wednesday barred Aequitas partial owner and chief executive Robert Jesenik, 60, partial owner and executive vice president Brian Oliver, 55, and former chief financial officer N. Scott Gillis, 66, from the securities industry for their roles in a scheme that bilked hundreds of millions from investors. If you need help with finances, they've got that covered. Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against Brian A. Oliver ("Oliver" or "Respondent"). The default came to attention of the U.S. Securities and Exchange Commission, which sued Aequitas in March 2016 and got the company shut down. Rice headed Key Bank in Oregon for 12 years. It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. But this one was worse. Email USAO-OR. I have really enjoyed working with Seth, Brian and the Cathedral team. Left to right they are Bob Jesenik, Scott Gillis, Craig Froude (not charged with any crime,) Brian Rice, Andrew MacRitchie and Brian Oliver. They remain active in their local church as well as volunteer with several other local non-profits, and in their leisure time enjoy hiking and camping in their travel trailer when not otherwise spending time with their two adult children. Aequitas investors filed a $350 million class-action lawsuit in April 2016, less than a month after the SEC charged Aequitas Management LLC and four affiliates, as well as three executivesCEO Robert Jesenik, executive vice president Brian Oliver, and CFO and chief operating officer N. Scott Gilliswith hiding the deteriorating financial Insight and analysis of top stories from our award winning magazine "Bloomberg Businessweek".
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