2023 InvestmentNews LLC. Counsel Present for Defendant: Whitney Patrick Boise and Kendra M. Matthews. Counsel Present for Plaintiff: Scott Bradford, Ryan Bounds. Secure .gov websites use HTTPS 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 The company's general counsel just quit. Gillis was the second Aequitas chief financial officer. 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. 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. It began to default on the interest payments owed its legion of mom and pop investors. Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. 0. If you missed the last issue of InvestmentNews, you can access it here. Rice served as Aequitass executive vice president and president of wealth management. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. He established and maintained the companys accounting principles, practices, procedures and initiatives, prepared financial reports and presented findings and recommendations to the executive teams, and oversaw all financial functions. They agreed to plead guilty and cooperate with the government.. Lock A lock ( 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. Sentencing materials are due no later than 7/31/2019. 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. Youve missed the point, Anxiety over tax refunds on the rise, Bankrate.com study shows, Gensler steps up warnings to money managers. Ledger was the co-founder of Aequitas, which was then a small New York based company that dealt primarily in commercial paper. They've got that too. Among his responsibilities, Rice oversaw the solicitation of investments through registered investment advisors (RIA) and managed Aequitass affiliated RIAs. Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross . 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). As such, he was responsible for the development and implementation of risk management and compliance processes and procedures. 1000 SW Third Ave Suite 600
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. 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. Brian Mariash, James Lowther and their team will operate as Mariash Lowther Wealth Management in Sarasota, Florida. In what could be the largest settlement of a securities lawsuit in Oregon history, settlements of at least $234.6 million have been secured for some 1,600 investors in a class action against third. 2 executive Brian Oliver pleaded guilty to the same charges in April. He was the British honorary consul to Portland. 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. Over the last few years Cathedral has really provided sage advice as weve been growing our green building companies. It is being prosecuted by Ryan W. Bounds, Christopher Cardani and Siddharth Dadhich, Assistant U.S. Community Rules apply to all content you upload or otherwise submit to this site. Arraignment held for Defendant Brian A. Oliver on Counts 1 and 2 of the Information. 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 Learn more about reprints and licensing for this article. (kms) (Entered: 04/19/2019), Home Six months later, on or about June 30, 2015, Gillis signed an amended loan agreement with Wells Fargo on Aequitass behalf. This is a company that talked a woman into investing nearly her entire retirement nest-egg -- about half-a-million dollars - in October 2015, Kayser said. MacRitchie oversaw all Aequitas accounting, legal, and audit functions, and participated in fundraising. This story was revised on Aug. 21, 2020 to correct some details about Brian Rices professional background. Brian Oliver, Aequitas Capital's longtime No. 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. Seven years ago, it was easy to believe in Aequitas. But this one was worse. Defendant sworn and examined. Brian Oliver and Olaf Janke, Aequitas chief financial officer before Gillis, pleaded guilty to similar charges. A lock ( Until now, Rice and MacRitchie have faced minimal legal expenses. (chso). 1000 SW Third Ave Suite 600
brian oliver, aequitas brian oliver, aequitas Home Realizacje i porady Bez kategorii brian oliver, aequitas Some money from new investors was allegedly used to pay earlier investors On or about January 12, 2015, Aequitas entered into a loan agreement with Wells Fargo to establish a $100 million line of credit. Aequitas borrowed funds from other financial institutions, including Wells Fargo Bank, N.A., to purchase these trade receivables. Government summarized charges and terms of plea agreement. The firm was growing quickly, it did business with some of the best-known investment advisors in the country, it claimed to have more than $1 billion under management. He is scheduled to be sentenced on Aug. 5. According to a Complaint filed on March 10, 2016 in Oregon federal district court, the SEC has brought claims against Aequitas Management, LLC (CRD# 143780/SEC# 801-68039) and three Aequitas executives, Robert J. Jesenik, Brian A. Oliver, and N. Scott Gillis for defrauding investors and for a breach of fiduciary duties. Oliver is the first former Aequitas Capital executive to be criminally charged. The firm purchased or invested in other financial firms, many of them glorified debt collectors. Attorneys for the District of Oregon. He worked for Portland banks for much of his career before he was named regional president of Key Bank in 2006. 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. Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. 04/19/2019 11 Waiver of Indictment by Brian A. Oliver (schm) (Entered: 04/19/2019) The high-interest loans were terrible for students. A federal court in Oregon entered final judgments against Aequitas Management requiring the firms receiver to pay $453 million in disgorgement. All Rights Reserved. The third policy is now being consumed even though the criminal case is just getting underway and the pool of potential defendants is expanding. Also charged are Nelson Scott Gillis, 67, of Lake Oswego, Oregon; Brian K. Rice, 54, of Portland; and Andrew N. MacRitchie, 56, formerly of Palm Harbor, Florida. (Tape #FTR-9B) (gw) (Entered: 04/19/2019) By that time, it was clear to Aequitas executives the company was in deep financial trouble., Kayser added. It is believed that since he was ousted from Aequitas, Jesenik has been working for a company founded by his son: KCR Advisors LLC, based in Viero Beach, Fla. An earlier indictment against Gillis will be dismissed. It was the beginning of the end for the high-flying company. 04/19/2019 10 Minutes of Proceedings: First Appearance on Information and Arraignment held before Magistrate Judge Stacie F. Beckerman as to Defendant Brian A. Oliver on 4/19/2019. Portland, Oregon 97204
Jesenik also must pay a civil penalty of $625,000. PORTLAND, Ore.U.S. Please sign in or register to comment. Then Corinthian went bankrupt. But the defendants have already spent more than $10 million on legal costs, exhausting the first two policies. ) or https:// means youve safely connected to the .gov website. The company had three policies each for $5 million of coverage. Federal prosecutors have already cut guilty plea deals with two former Aequitas executives. Have a question about Government Services? Oliver is the 25% owner of Aequitas Management and an Executive Vice President of the Entity Defendants. | Sign In, Verdict Corrections MacRitchie, a former ScottishPower and PacifiCorp executive, said in court filings that he too has incurred defense costs in connection with the DOJ investigation. Whether prosecutors consider MacRitchie a target or witness or some other category is unclear. 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. If convicted on all charges, each of the defendants could face decades in prison and millions of dollars in fines and restitution, as well as five years supervised release following their prison terms. 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. | Link Errors Advisors providing advice on cryptocurrency-related assets should do so with caution, according to a new report by the CFP Board. In January 2014, shortly before joining Aequitas, he was named to the Portland board of directors of the Federal Reserve Bank of San Francisco. Five of the six senior Aequitas executives have been charged with federal crimes or have pleaded guility. 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. No criminal charges have been filed against Bob Jesenik, Aequitas co-founder and CEO. | Privacy Statement. 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. Its been a long time coming, Kayser said. The final judgments prohibit Jesenik, Oliver, and Gillis from serving as officers or directors of any public company. As part of his plea agreement, Gillis has also agreed to pay restitution as determined by the government and ordered by the court. If you need help with finances, they've got that covered. With love for the 60/40 portfolio fading, 50/30/20 looks to be the cool new kid on the block. A native of the United Kingdom, he served as the British honorary consul in Portland for several years. Portland, Oregon 97204
) or https:// means youve safely connected to the .gov website. They also have people who have helped raise money and sell businesses so they can help with that too. By the time he left, he was also in charge of Key Banks operations in Washington and Alaska. 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. Theyve recovered much of that money in a series of civil lawsuits against the professional firms that worked for Aequitas. 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. | Editor The new indictments bring to six the number of former Aequitas executives charged with defrauding investors. Portland, Oregon 97204
The Government does not seek detention and Defendant is released on conditions. Aequitas finances were already spiraling down, and the worse they got, the more student debt the firm bought from Corinthian. Waiver of indictment signed and accepted by the Court. In addition, it said Gillis agreed to be permanently suspended from appearing and practicing before the SEC as an accountant and cannot work as an auditor for pubic companies. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. 2023 Advance Local Media LLC. 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. Longtime Aequitas No. Signed on 4/19/2019 by Judge Michael W. Mosman. The Oregonian/OregonLive began investigating Aequitas in 2014, when it linked the firm to accusations of predatory student loans at Corinthian. Neither were charged when the U.S. Securities and Exchange Commission shut Aequitas down and filed a civil lawsuit in March 2016. Plea Petition and Plea Agreement signed and accepted by the Court. This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. Wealth Management as an industry doesnt understand direct real estate and real estate certainly doesnt understand wealth management, says Realized founder David Wieland. 18:1957 CONSPIRACY TO COMMIT MONEY LAUNDERING I have really enjoyed working with Seth, Brian and the Cathedral team.. 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? John Deere boasted record profits in 2021 and finally struck a deal with striking union workers. | Advertising Rice included in his court filings a copy of an April 23 letter from the U.S. Attorneys office in Portland informing him that you are a subject of a federal criminal investigation concerning fraud that occurred at Aequitas.. Gillis was the second Aequitas chief financial officer. ) or https:// means youve safely connected to the .gov website. PORTLAND, Ore.U.S. An official website of the United States government. Have a question about Government Services? Community Rules apply to all content you upload or otherwise submit to this site. Rice acknowledged in court filings that he's a suspect in the case. He is scheduled to be. Other funds went to pay their salaries. Lock Jesenik founded the Aequitas group of companies, and, as chief executive officer, controlled the organizations structure and had ultimate decision-making authority over company activities. Aequitas was allegedly a fraud on top of another fraud Corinthian Colleges, the scandal ridden for-profit college that went bankrupt in 2015. Brian received a Bachelor of Science degree from Oregon State University.
The recent filings indicate several additional Aequitas executives, like Rice and MacRitchie, are in harms way. SEC charges advisor over Aequitas conflicts of interest. Its not just the amount of insurance money that went to Jesenik that concerns the receiver. 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. 13. That has changed as the criminal case nears the indictment stage. 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? Rueben Iniguez, a lawyer in the federal defenders office in Portland, is representing Jesenik. Attorneys for the District of Oregon. Share sensitive information only on official, secure websites. 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. All three are permanently barred from the securities industry. The company's general counsel just quit. Rice headed Key Bank in Oregon for 12 years. The Lake Oswego, Ore.-based investment management firm was the subject of a Securities and Exchange Commission complaint filed in 2016 alleging that Aequitas defrauded more than 1,500 investors into believing they were putting their money into health care, education and transportation investments when their money was being used primarily in a Ponzi-like fashion. 2023 RIA Intel, an Institutional Investor Publication. Brian Oliver - Senior Advisor & President, Cathedral Finance - Cathedral Consulting | LinkedIn Brian Oliver At Cathedral we help entrepreneurs with momentum build value in their business. Attorney Billy J. Williams announced today that Brian A. Oliver,a former owner and executive vicepresident of Aequitas Management, LLC and several other Aequitas . Plus, three other Aequitas defendants former second-in-command Brian Oliver and N. Scott Gillis and Olaf Janke, former Aequitas chief financial officers have pleaded guilty to fraud and. They also have people who have helped raise money and sell businesses so they can help with that too. Attorney Billy J. Williams announced today that Olaf Janke, a former owner and chief financial officer of Aequitas Management, LLC and several other Aequitas-owned entities, has pleaded guilty to conspiring to commit mail and wire fraud and money laundering. 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. It is free to register and only takes a minute or two. MacRitchie was the companys executive vice president and chief compliance officer. Brian Oliver, Aequitas Capital's longtime No. One of Aequitas biggest moneymakers disappeared almost overnight. Bob Jesenik has not been criminally charged. All three are permanently barred from the securities industry. For 23 years, Brian Oliver was the classic second-in-command at Aequitas Management LLC, the earnest, low-key straight arrow to the company's colorful alpha-dog CEO Bob Jesenik. But much of that money has already been spent. Brian has been a Senior Advisor with Cathedral Consulting since 2017. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. Attorneys for the receiver now in charge of Aequitas, have voiced alarm at the share of the insurance money spent by Jesenik. The company opened slick new offices in New York City. 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.
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