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. 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. 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. Nelson Scott Gillis, 69, of Lake Oswego, Oregon, pleaded guilty to one count of making a false statement to a bank. 04/19/2019 11 Waiver of Indictment by Brian A. Oliver (schm) (Entered: 04/19/2019) Insight and analysis of top stories from our award winning magazine "Bloomberg Businessweek". The firm purchased or invested in other financial firms, many of them glorified debt collectors. Arraignment held for Defendant Brian A. Oliver on Counts 1 and 2 of the Information. Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross . His attorneys have submitted bills for at least 2.7 million, far more than any other defendant. Defendant waived reading of the Information. The current Aequitas Capital Management lawsuit was brought on by the heirs of Matthew Ledger. Oliver is the first former Aequitas Capital executive to be criminally charged. They hurt a whole lot of people.. More Local News to Love Start today for 50% off Expires 3/6/23. 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. 2023 InvestmentNews LLC. There was the company that bought bad debt from hospitals for pennies on the dollar and then tried to collect on the debt. 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, 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. A lock ( 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. It entered into a deal to buy student loans from Corinthian, the notorious for-profit college. He committed suicide in an attempt to hide . Left to right they are Bob Jesenik, Scott Gillis, Craig Froude (not charged with any crime,) Brian Rice, Andrew MacRitchie and Brian Oliver. Please sign in or register to comment. 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. They've got that too. There was the commercial lender. 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. (Tape #FTR-9B) (gw) (Entered: 04/19/2019) Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. But the defendants have already spent more than $10 million on legal costs, exhausting the first two policies. A lock ( 2023 RIA Intel, an Institutional Investor Publication. A lock ( Once a high-flying Lake Oswego . Add Andrew MacRitchie and Brian Rice, second and third from right, to the list of former Aequitas executives now facing substantial legal defense costs. Jesenik, Rice, and MacRitchie are all on pre-trial release pending a five-week jury trial scheduled to begin on April 3, 2023. All three are permanently barred from the securities industry. Counsel Present for the Government: Scott E. Bradford and Ryan W. Bounds. This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. PORTLAND, Ore.U.S. (Court Reporter Ryan White) (kms) (Entered: 04/19/2019) Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. But much of that money has already been spent. Seven years ago, it was easy to believe in Aequitas. 13. 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? A .gov website belongs to an official government organization in the United States. The company's general counsel just quit. 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. Rueben Iniguez, a lawyer in the federal defenders office in Portland, is representing Jesenik. 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. Its been a long time coming, Kayser said. 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.. 2023 Advance Local Media LLC. Theyve got a team that really loves entrepreneurship and is equipped with different skill sets. Despite that advice, on or about January 15, 2016, Gillis signed and, with others, submitted to Wells Fargo an advance notice, requesting that Wells Fargo advance $4.2 million to Aequitas with a false certification that Aequitas was not confronting a potential event of default. | Recent Lawyer Listings By that time, it was clear to Aequitas executives the company was in deep financial trouble., Kayser added. He was even on the board of the Arlington Club. Brian Oliver - Senior Advisor & President, Cathedral Finance - Cathedral Consulting | LinkedIn Brian Oliver At Cathedral we help entrepreneurs with momentum build value in their business. The firm sold more than $300 million worth of private investment notes, mostly through financial advisers. All three are permanently barred from the securities industry. Former CFO N. Scott Gillis was required to pay a $300,000 civil penalty. The company's general counsel just quit. 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. Secure .gov websites use HTTPS The recent filings indicate several additional Aequitas executives, like Rice and MacRitchie, are in harms way. In the shadow of a turbulent future, The Bloomberg New Economy Forum brought together world leaders for face-to-face discussions on the global threats we face. 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 It is believed that since he was ousted from Aequitas, Jesenik has been. If you need help with finances, they've got that covered. 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. | Sign In, Verdict Corrections Three other former Aequitas executives, including a former Portland bank president and a senior utility executive, were also charged. 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. Reset here, 1999 - 2023 citywire.com. In a divorce settlement filed with the court, it's. Both Rice and MacRitchie were high-profile Portland executives before joining Aequitas. Secure .gov websites use HTTPS Ledger left the company in 2005 in a highly controversial and public way. There are also questions about whether Jesenik and other defendants spent the money appropriately. On August 11, 2020, the U.S. Attorneys Officeannounced that Gillis had been charged in a 34-count indictment with conspiracy to commit mail and wire fraud, wire fraud, bank fraud, and money laundering. All material subject to strictly enforced copyright laws. 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. They agreed to plead guilty and cooperate with the government. This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. Email USAO-OR. Oliver was originally scheduled to be sentenced on Aug. 5, but the sentencing date was moved to Nov.. 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). A native of the United Kingdom, he served as the British honorary consul in Portland for several years. Portland, Oregon 97204 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. 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. Scott Bradford is the lead prosecutor on the case. Jesenik will have to pay $1.57 million in disgorgement, interest and penalties, while Oliver will pay $235,928 in disgorgement and interest, and Gillis will pay a $300,000 civil penalty. Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. Both Rice and MacRitchie have asked the court for access to Aequitas insurance money to cover their defense costs. Aequitas did make legitimate investments. PORTLAND, Ore.U.S. There was no more hiding the fact that Aequitas was broke. 2020 update: Aequitas investors recoup some money. 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. This case is being investigated by the FBI, IRS-Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. Lock Aequitas collapsed in 2016 owing about $600 million to investors. 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.. The Aequitas entities, which are in receivership, will have to pay $540 million in disgorgement and interest as part of the final judgment. PORTLAND, Ore.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. (kms) (Entered: 04/19/2019), Home The final judgments prohibit Jesenik, Oliver, and Gillis from serving as officers or directors of any public company. | Articles Five of the six senior Aequitas executives have been charged with federal crimes or have pleaded guility. That has changed as the criminal case nears the indictment stage. It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. Aequitas borrowed funds from other financial institutions, including Wells Fargo Bank, N.A., to purchase these trade receivables. 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 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. Theyve recovered much of that money in a series of civil lawsuits against the professional firms that worked for Aequitas. 0. Subscribe for original insights, commentary and analysis of the issues facing the financial advice community, from the InvestmentNews team. MacRitchie was ScottishPowers point man in its efforts to buy Pacificorp and served as an executive vice president there. As Aequitas grew, its profile in the community also increased. Brian has over 30 years experience in providing corporate finance and consulting solutions to small and medium sized businesses. 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. 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. Oliver also was charged criminally for his conduct and has pled guilty, but has not yet been sentenced. Co-founders Bob Jesenik and Brian Oliver had participated in too many sketchy deals for sophisticated Oregon investors to feel comfortable with them. | Privacy Statement. Ameritrade and big law firms like Sidley Austin gave the local operation a sheen of legitimacy. As such, he was responsible for the development and implementation of risk management and compliance processes and procedures. They've got that too. They both opted not to talk. 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? 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. 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RIA Intel is part of Delinian. Signed on 4/19/19 by Magistrate Judge Stacie F. Beckerman. 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. On March 16, 2016, pursuant to the Stipulated Interim Order Appointing Receiver, the Receiver was appointed as receiver . But prosecutors allege the Aequitas executives lied about the firms financial performance. They agreed to plead guilty and cooperate with the government.. Oliver was also charged criminally for his conduct. Federal prosecutors have already cut guilty plea deals with two former Aequitas executives. 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. Main Office: In April, Brian Oliver, Aequitas. 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. Plus, Jeseniks monthly legal fees approximately quadrupled after he hired new counsel in approximately March 2017. YouTubes privacy policy is available here and YouTubes terms of service is available here. But it appears they are far from done. 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). MacRitchie was the companys executive vice president and chief compliance officer. Now both have been sucked into the criminal fraud investigation of the collapsed firm. 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. Aequitas investors lost about $600 million after the collapse. Court finds defendant capable and competent to enter plea. 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 court appointed receiver now in charge of whats left of Aequitas opposes Rices and MacRitchies request for access to the insurance money. PORTLAND, Ore.U.S. President, Cathedral Finance|Senior Advisor. 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. Defendant advised of rights. 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. All Rights Reserved. The company had three policies each for $5 million of coverage. A locked padlock 04/19/2019 13 Plea Agreement as to Brian A. Oliver (kms) (Entered: 04/19/2019) Attorneys for the District of Oregon. 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. Have a question about Government Services? A .gov website belongs to an official government organization in the United States. He is scheduled to be sentenced on Aug. 5. 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. By late 2015, Aequitas was suffering one of its periodic cash flow crises. Another was a utility executive who helped change Portlands business landscape. But I think my clients will be thrilled. [More: Aequitas meltdown underscores the importance of due diligence, caution]. (See separate order.) Thom Maher is launching a firm, Maher Wealth Management, in Phoenix. 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. A federal grand jury in the District of Oregon returned an indictment today charging four founders of Forsage, a purportedly decentralized finance (DeFi) cryptocurrency investment platform, for their roles in On February 6, 2023, a Russian cryptocurrency money launderer previously extradited from the Netherlands to face charges in the District of Oregon pleaded guilty in federal court. According to court documents, Oliver, 54, of Aurora, Oregon, and unnamed co-conspirators used the Lake Oswego, Oregon, based company to solicit investments in a variety of notes and funds, many of which were purportedly backed by trade receivables in education, health care, transportation, and other consumer credit areas. 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. Rice, former president of Key Bank of Oregon, acknowledged in recent court filings that he is a target in the case. He also established Aequitass New York Office and directed Aequitass Lux Fund, a Luxembourg-based fund used to solicit international investors. 04/19/2019 12 Minutes of Proceedings: Entry of Plea Hearing held before Judge Michael W. Mosman for Defendant Brian A. Oliver. They also have people who have helped raise money and sell businesses so they can help with that too. Sentencing materials are due no later than 7/31/2019. It was actually a giant Ponzi scheme, they said, in which the company relied on money from new investors to repay the old. It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. Timothy Laniers firm in Neptune Beach, Florida, focuses on serving doctors and health care executives. Official websites use .gov Portland, Oregon 97204 Email USAO-OR. Court finds guilty pleas to be knowing and voluntary. 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. An official website of the United States government. Aequitas was allegedly a fraud on top of another fraud Corinthian Colleges, the scandal ridden for-profit college that went bankrupt in 2015. Cookie Settings/Do Not Sell My Personal Information. 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. He is scheduled to be. If you need help with finances, they've got that covered. Brian has been a Senior Advisor with Cathedral Consulting since 2017. SEC charges advisor over Aequitas conflicts of interest. District of Oregon 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. But now it has a bigger problem: farmers are revolting against restrictions on how they repair complex equipment. 04/19/2019 14 Plea Petition and Order Entering Plea as to Defendant Brian A. Oliver. Attorney Billy J. Williams announced today that Brian A. Oliver,a former owner and executive vicepresident of Aequitas Management, LLC and several other Aequitas . Brian Rice and Andrew MacRitchie left their corporate posts for jobs at Aequitas Capital. Brian Oliver is an Executive Vice President & President, Aequitas Financial Services Network at Aequitas Capital Management based in Lake Oswego, O regon. Have a question about Government Services? Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. A locked padlock Defendant sworn and examined. All rights reserved (About Us). PORTLAND, Ore.U.S. Gillis was charged alongside former Aequitas CEO Robert J. Jesenik, 62, of West Linn, Oregon, and former Aequitas executives Brian K. Rice, 55, of Portland, and Andrew N. MacRitchie, 56, formerly of Palm Harbor, Florida. Defendant advised of rights. This special highlights the best of the fifth annual event which was held in Singapore from November 14-17. The third policy is now being consumed even though the criminal case is just getting underway and the pool of potential defendants is expanding. On March 10, 2016, the Securities and Exchange Commission (" SEC ") filed a complaint in this Court against the Entity Defendants 1 and three individual defendants, Robert J. Jesenik, Brian A. Oliver, and N. Scott Gillis. View limitations & usage restriction, Breaking news, analysis and cutting edge commentary from our award-winning team and leading industry voices, The latest news and other relevant content from selected Citywire partners. 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. 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. Defendant proceeds as named. Official websites use .gov Get started today before this once in a lifetime opportunity expires. 2023 Advance Local Media LLC. They also have people who have helped raise money and sell businesses so they can help with that too. Brian Oliver, Aequitas Capital's longtime No. Among his responsibilities, Rice oversaw the solicitation of investments through registered investment advisors (RIA) and managed Aequitass affiliated RIAs. 18:1957 CONSPIRACY TO COMMIT MONEY LAUNDERING In January 2014, shortly before joining Aequitas, he was named to the Portland board of directors of the Federal Reserve Bank of San Francisco. According to court documents, Jesenik, Gillis, MacRitchie, Rice, and others used the Lake Oswego company to solicit investments in a variety of notes and funds, many of which were purportedly backed by trade receivables in education, health care, transportation, and other consumer credit areas. An official website of the United States government. Jesenik also must pay a civil penalty of $625,000. The company's general counsel just quit. 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. B. In anticipation of the institution of these proceedings, Respondent has submitted an Offer . But they made good money for Aequitas and its investors. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local.

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