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Washington, D.C., March 28, 2011 вЂ“ The Securities and Exchange Commission today announced so it has acquired a court purchase freezing the assets of two pay day loan organizations and their owner faced with perpetrating a $47 million providing fraudulence and Ponzi scheme.
The SEC alleges that John Scott Clark of Hyde Park, Utah, promised investors astronomical yearly comes back of 80 % on the assets in his businesses вЂ“ Impact money LLC and Impact Payment Systems LLC. Investors had been told their funds will be held in split bank reports and utilized to invest in loans that are payday other facets of the firmsвЂ™ operations. Nonetheless, Clark rather commingled investor funds into an individual pool and utilized them to help make unauthorized investments, pay fictitious profits to previous investors, and fund their own lifestyle that is lavish.
вЂњInvestors had been guaranteed returns that are extraordinary Clark ended up being really diverting their funds in order to make such extraordinary personal acquisitions as a completely restored classic 1963 Corvette Stingray,вЂќ said Ken Israel, Director associated with the SECвЂ™s Salt Lake Regional workplace. вЂњClark recruited brand new investors through recommendations from previous investors whom thought the Ponzi re re payments they received had been real comes back on the investments and sought to generally share the profitable possibility with family members and company associates.вЂќ
The SEC alleges that as well as purchasing numerous high priced automobiles and snowmobiles, Clark took investor funds to buy a house movie theater, bronze statues as well as other art for himself.
In line with the SECвЂ™s problem filed in U.S. District Court for the District of Utah, Clark lured at the very least 120 investors into their scheme. Besides word-of-mouth referrals from earlier in the day investors, Clark also recruited investors by attending trade events in a variety of states, attending pay day loan seminars, and having to pay salespeople to find prospective investors to generally meet with Clark. He paid one salesperson a lot more than a half-million dollars over a period that is multi-year find possible investors and attend cash advance conferences and industry events.
The SEC alleges that from at the very least March 2006 to September 2010, Clark additionally the effect companies raised funds from investors for the stated purposes of funding payday advances, purchasing listings of leads for pay day loan clients, and paying operating that is impactвЂ™s. Effect didn’t circulate a private positioning memorandum or other document disclosing the type regarding the investment or perhaps the dangers included to investors. The SECвЂ™s grievance charges influence and Clark with fraudulently attempting to sell securities that are unregistered.
In accordance with the SECвЂ™s issue, Clark regularly changed investor account statements supplied to him by ImpactвЂ™s accounting division to generate artificially high yearly prices of return. The changed account statements with purported earnings had been then delivered to investors. Account statements to clients revealed annualized returns varying from 30 % to significantly more than 200 per cent.
Aside from the asset freeze approved late Friday, the court has appointed a receiver to protect and marshal assets for the advantage of investors. The SECвЂ™s problem seeks an initial and injunction that is permanent well as disgorgement, prejudgment interest and monetary charges from Impact and Clark.
This matter was examined by Jennifer Moore, Justin Sutherland and Marie Elliott for the SECвЂ™s Salt Lake Regional Office, therefore the litigation shall be led by Tom Melton. The SEC appreciates the assistance of the Utah Division of Securities in this matter.
To learn more about that enforcement action, contact:
Kenneth D. Israel, Regional Director Karen Martinez, Assistant Director SECвЂ™s Salt Lake Regional Office (801) 524-5796