CAMDEN, NJ—The president of an investment and financial
services firm today admitted defrauding dozens of investors New Jersey,
Pennsylvania, Texas, and elsewhere of $5 million and evading taxes, U.S.
Attorney Paul J. Fishman announced.
Everett C. Miller, 43, of Marlton, New Jersey, pleaded guilty before
U.S. District Judge Renee Marie Bumb in Camden federal court to an
information charging him with one count of securities fraud and one
count of tax evasion.
“The defendant in this case has admitted responsibility in a
financial scheme that was both widespread and long-running,” U.S.
Attorney Fishman said. “By preying on trusting investors around the
country over a period of years, he was able to rob them of millions of
dollars. He defrauded the public as well, by failing to pay taxes on his
illegal proceeds. He will now face the punishment he deserves for his
greed.”
Aaron T. Ford, special agent in charge of the FBI office in Newark,
said, “Investment schemes such as that perpetrated by Mr. Miller prey on
innocent investors and compromise our free market economy. Mr. Miller
put his investors’ resources, pensions, and life savings at risk for his
own gain. The FBI, together with its law enforcement and regulatory
agency partners, will vigorously investigate these financial crimes and
hold those responsible accountable.”
“Remember the old cliché: if it sounds too good to be true, it
probably is,” Shantelle P. Kitchen, Special Agent in Charge,
IRS-Criminal Investigation, Newark Field Office, said. “Mr. Miller
preyed upon trusting investors and then stole their hard-earned money.
Today’s plea should be a reminder for investors to exercise caution when
pitched with an investment opportunity that promises unbelievable
returns.”
According to documents filed in this case and statements made in
court: Miller was the founder, chief executive officer, president,
principal, and sole owner of Carr Miller Capital LLC (CMC), an
investment and financial services firm based in Marlton. Miller and
others solicited investments through the firm from individuals located
in New Jersey, Pennsylvania, North Carolina, Arkansas, Texas, and
elsewhere. CMC had more than 30 affiliates and related entities and more
than 75 related bank accounts. Miller controlled the firm’s finances
and established himself as synonymous with CMC. Prior to founding CMC in
June 2006, Miller was a registered financial advisor at several
financial institutions.
Miller admitted that from June 2006 through December 2010, he and
others issued promissory notes to more than 190 investors across the
United States, and Miller and CMC received $41.2 million from these
investors. The notes were provided as “securities,” but Miller and CMC
never registered the notes as securities with any federal or state
agency nor were the notes exempt from such registration requirements.
The notes had a term of nine months and promised the investors returns
of seven to 20 percent per year and a return of the principal investment
at the end of the nine-month period.
Miller and others falsely represented to the investors that their
money would be invested in certain ways, but the investors were not
provided with material information about their investments or were
misled about the risks of their investments. Miller commingled and
pooled the investors’ money into one of CMC’s 75 related bank accounts.
Unbeknownst to the investors, Miller used some of the money in the
following ways: (1) to repay prior investors, most in Ponzi scheme
fashion, (2) to pay CMC and its related entities’ payrolls and operating
expenses, and (3) to support Miller’s lifestyle. Miller’s purchases
included luxury automobiles; home furnishings and electronic equipment;
tickets to entertainment and sporting events; travel, lodging, and
vacations; and meals, entertainment, retail shopping, and groceries.
On August 11, 2009, the Arkansas Securities Department (ASD)
initiated an investigation of Miller, CMC, and others for selling
unregistered securities to investors in the form of the promissory
notes. Following the investigation, the ASD issued a cease-and-desist
order against Miller, CMC, and others from selling the notes.
From August 2009 through December 2010, despite knowing about the
ASD’s investigation of the promissory notes and CMC’s inability to pay
either the interest or the principal on them, Miller and others
continued to sell the notes as unregistered securities to investors.
They issued notes to approximately 50 new investors but never returned
any of the principal to the new investors.
Miller admitted that for calendar years 2007, 2008, and 2009, he
intentionally failed to provide the IRS with any information regarding
the proceeds that he personally received in connection with his
fraudulent scheme. Miller failed to disclose $218,770, $244,879, and
$199,507 for 2007, 2008 and 2009, respectively. In total, Miller
admitted failing to report $663,156 in taxable income to the IRS,
resulting in a tax loss to the government of $47,342.
At today’s plea proceeding, Judge Bumb entered a consent judgment and
order of forfeiture in the amount of $4,999,400, which constitutes the
proceeds Miller obtained as a result of the securities fraud.
The securities fraud count to which Miller pleaded guilty is
punishable by a maximum potential penalty of 20 years in prison and a
fine of $5 million. The tax fraud count is punishable by a maximum
potential penalty of five years in prison and a fine of up to $250,000.
Sentencing is scheduled for October 18, 2013.
U.S. Attorney Fishman credited special agents with the FBI, under the
direction of Special Agent in Charge Aaron T. Ford in Newark;
IRS-Criminal Investigation, under the direction of Special Agent in
Charge Shantelle P. Kitchen; and the U.S. Postal Inspection Service,
under the direction of Inspector in Charge Maria L. Kelokates, for the
investigation leading to today’s guilty plea. He also thanked the
Financial Industry Regulatory Authority-Criminal Prosecution Assistance
Group and the U.S. Securities and Exchange Commission’s Philadelphia
Office for its assistance with this investigation. He also thanked the
New HerseySecurities Fraud Prosecution Section, the Arkansas Securities
Department, and the Texas State Securities Board for their roles in the
investigation.
The government is represented by Assistant U.S. Attorneys Aaron
Mendelsohn of the Economic Crimes Unit and Evan Weitz of the Asset
Forfeiture and Money Laundering Unit of the U.S. Attorney’s Office in
Newark.
This case was brought in coordination with President Barack Obama’s
Financial Fraud Enforcement Task Force. The task force was established
to wage an aggressive, coordinated, and proactive effort to investigate
and prosecute financial crimes. With more than 20 federal agencies, 94
U.S. Attorneys’ offices and state and local partners, it is the broadest
coalition of law enforcement, investigatory, and regulatory agencies
ever assembled to combat fraud. Since its formation, the task force has
made great strides in facilitating increased investigation and
prosecution of financial crimes; enhancing coordination and cooperation
among federal, state, and local authorities; addressing discrimination
in the lending and financial markets and conducting outreach to the
public, victims, financial institutions, and other organizations. Over
the past three fiscal years, the Justice Department has filed nearly
10,000 financial fraud cases against nearly 15,000 defendants including
more than 2,900 mortgage fraud defendants. For more information on the
task force, please visit www.stopfraud.gov.