Tuesday, June 12, 2007
New Yorker Arrested in Invement Scheme
Wilson James Baston, Jr., a/k/a ”Wil James,” a/k/a ”Will James,” the President and Founder of Will James Equity Partners, Inc., was arrested on charges that he defrauded investors of over $16 million. According to the two count Complaint filed in Manhattan federal court:
In 2002, Baston created Will James Equity Partners, Inc., which purported to be a real estate investment program which purchased distressed properties in the New York City area, as investment vehicles for long and short-term investors. A marketing/promotional brochure for Will James Equity Partners, Inc., described the enterprise as a “for-profit corporation whose purpose is to identify real estate properties which are undervalued or distressed, for investment and resale.” Baston claimed to purchase “pre-foreclosures” and distressed properties, in Brooklyn, Queens, Long Island, and Manhattan, which he would renovate as necessary, and resell at market value. According to the brochure, these purchases were funded from “a variety of equity partners,” with terms determined on an individualized, venture by venture basis. According to the promotional brochure, investments in Will James Equity Partners, Inc., started at $25,000 and could be held for “as little as 14 days or as long as 18 months.” The brochure promised rates of return ranging from 10% to 30%, based on the equity in the property being acquired.
Baston operated Will James Equity Partners, Inc., as a “classic Ponzi scheme.” Baston recruited investors by making false promises of guaranteed short-term, high rates of return on investments in distressed properties, with additional guarantees on the principal investment. After receiving preliminary investments from victims, Baston, at least initially, repaid both interest and principal as promised. Believing Will James Equity Partners, Inc., to be legitimate and potentially profitable, and that Baston was trustworthy, victims thereafter agreed to rollover their invested funds into new investments, or, often, invest additional, larger sums of money in the scheme. Baston then ceased paying the victims the promised interest and did not return the principal. Eventually, when the victims began to complain to Baston about getting their money as promised, Baston employed a variety of lulling tactics and avoided responding to their calls and inquiries. When Baston was unable to avoid these victims, he made false excuses and explanations as to why they had not been paid. In some instances, Baston paid these complaining victims with the funds he received from newer investors, rather than from the proceeds of any alleged investments. Baston obtained more than $16 million from investors pursuant to his scheme.
mortgage fraud
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Trial coverage provided by Anne Mitchell, Crazy Fish Realty.
F. Jeffrey Miller Update - October 20, 2009
A hearing was held in Topeka, Kansas in front of Judge Julie Robinson. Miller is currently being held pending his sentencing which is set for December 22nd, 2009 at 9:00 a.m.. Steve Vanatta and Hallie Irvin, Miller's codefendants, will be sentenced at that time also.
Several motions were heard this week. One was a motion for Miller to be released pending his sentencing. Miller's attorney, Jeff Morris, argued that the court had dismmissed with predjudice the matter involving Miller's purchase of a commercial lawnmower, violating the court ordered monitoring agreement. He also argued that Miller was not a flight risk and should be released. This motion was denied.
Another motion heard by Judge Robinson was that of an escrow account containing proceeds from the sale of Miller's forfeited assets. This account has a balance of $143,000. Attorney Morris argued that his firm was due $100,000 for work done in the Miller matter, to date. The government argued that his 'un-itemized fees' were 'exhorbitant'. The balance of the funds, Morris argued, should be released to the Miller family to help pay for mounting household expenses.
The government argued that the 'Asset Forfeiture Provision' applies down to 'the last penny' and that 'the rights of the victims to made whole are of paramount immportance' and that no routine household expenses like Visa bills, are allowed.
Attorney Morris argues that there is more than enough assets to satisfy the jury's judgement of $2.65 million dollars. The government argues that the estimated value of his assets are only $1.4 million.
The government also stated that Miller has been paid dividends from a company Miller has an ownership interest in; Boreflex. From July, 2008 to present, Miller has been paid $330,509.30 from Boreflex, unbeknownst to the court appointed monitor.
Present in the courtroom was Todd Earnshaw. Earnshaw was indicted along with Miller and others in what is commonly referred to as 'Miller I'. That trial is scheduled to begin on January 11, 2010 in Topeka, Kansas.
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