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 Defendant proceeds as named. Oliver was the primary fundraiser for ACF and the Aequitas Funds and a member of the management committees responsible for selecting or approving the investments made with investor . Brians experience encompasses a variety of positions across commercial banking, investment banking, alternative asset management, and business advisory services. Official websites use .gov He pled guilty but has not yet been sentenced. Our team of expertsis available to help your business build value in a variety of ways including: assessments, strategic planning, corporate financing, M&A support, market research, growth marketingandmuch more! Nelson Scott Gillis, 69, of Lake Oswego, Oregon, pleaded guilty to one count of making a false statement to a bank. 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. There was no more hiding the fact that Aequitas was broke. Portland, Oregon 97204 He argues he needs the money to help defray losses suffered by Aequitas investors. Brian's experience encompasses a variety of positions across commercial banking, investment banking, alternative asset management, and business advisory services. The court appointed receiver now in charge of whats left of Aequitas opposes Rices and MacRitchies request for access to the insurance money. 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. As part of his plea agreement, Gillis has also agreed to pay restitution as determined by the government and ordered by the court. Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. 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. Ameritrade and big law firms like Sidley Austin gave the local operation a sheen of legitimacy. (See separate order.) This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Counsel Present for Defendant: Whitney Patrick Boise and Kendra M. Matthews. Timothy Laniers firm in Neptune Beach, Florida, focuses on serving doctors and health care executives. A locked padlock B. 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. I have really enjoyed working with Seth, Brian and the Cathedral team.. The Aequitas entities, Jesenik, and Gillis consented to the entry of final judgment without admitting or denying the SECs allegations. 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. Brian A Oliver is Exec VP & Pres:Financial Svcs at Aequitas Capital Mgmt Inc. See Brian A Oliver's compensation, career history, education, & memberships. The recent filings indicate several additional Aequitas executives, like Rice and MacRitchie, are in harms way. Share sensitive information only on official, secure websites. | Recent Lawyer Listings On March 16, 2016, pursuant to the Stipulated Interim Order Appointing Receiver, the Receiver was appointed as receiver . They both opted not to talk. Defendant waived reading of the Information. Left to right they are Bob Jesenik, Scott Gillis, Craig Froude (not charged with any crime,) Brian Rice, Andrew MacRitchie and Brian Oliver. All three are permanently barred from the securities industry. Subscribe for original insights, commentary and analysis of the issues facing the financial advice community, from the InvestmentNews team. An official website of the United States government. One of Aequitas biggest moneymakers disappeared almost overnight. Defendant advised of rights. Brian and his wife of 30 years live in Aurora, Oregon where they raised their family. Signed on 4/19/19 by Magistrate Judge Stacie F. Beckerman. Sentencing materials are due no later than 7/31/2019. MacRitchie was the companys executive vice president and chief compliance officer. Five of the six senior Aequitas executives have been charged with federal crimes or have pleaded guility. They also have people who have helped raise money and sell businesses so they can help with that too. They've got that too. Once a high-flying Lake Oswego . Cookie Settings/Do Not Sell My Personal Information. PORTLAND, Ore.U.S. Brian Oliver, Aequitas Capital's longtime No. 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. Theyve recovered much of that money in a series of civil lawsuits against the professional firms that worked for Aequitas. 2023 InvestmentNews LLC. If you need help with finances, they've got that covered. The high-interest loans were terrible for students. Theyve got a team that really loves entrepreneurship and is equipped with different skill sets. The Government does not seek detention and Defendant is released on conditions. PORTLAND, Ore.U.S. 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. Brian Mariash, James Lowther and their team will operate as Mariash Lowther Wealth Management in Sarasota, Florida. But now it has a bigger problem: farmers are revolting against restrictions on how they repair complex equipment. Aequitas borrowed funds from other financial institutions, including Wells Fargo Bank, N.A., to purchase these trade receivables. 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.. Aequitas specialized in debt. | Editor Accounting giant Deloitte, stock trader T.D. Aequitas Management, the Oregon-based RIA accused in 2016 of running a massive Ponzi-like scheme, and its top executives have finally settled with the Securities and Exchange Commission. Then Corinthian went bankrupt. SEC v. Aequitas Management, LLC; Aequitas Holdings, LLC; Aequitas Commercial Finance, LLC; Aequitas Capital Management, Inc.; Aequitas Investment Management, LLC; Robert J. Jesenik; Brian A. Oliver; and N. Scott Gillis Case Number: 16-cv-00438 (United States District Court for the District of Oregon) Date Filed: March 10, 2016 | Sign In, Verdict Corrections Oliver was also charged criminally for his conduct. It entered into a deal to buy student loans from Corinthian, the notorious for-profit college. 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 Gillis faces a maximum sentence of 30 years in prison, an $8.4 million fine, and five years supervised release. Brian Oliver and Olaf Janke, Aequitas chief financial officer before Gillis, pleaded guilty to similar charges. Marketing? District of Oregon 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. As Aequitas grew, its profile in the community also increased. They agreed to plead guilty and cooperate with the government. In April, Brian Oliver, Aequitas. They are also prohibited from violating the SECs antifraud provisions. Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross monetary gains or losses resulting from his crimes, and three years supervised release. 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). But prosecutors allege the Aequitas executives lied about the firms financial performance. It is believed that since he was ousted from Aequitas, Jesenik has been. Aequitas did make legitimate investments. But much of that money has already been spent. He worked for Portland banks for much of his career before he was named regional president of Key Bank in 2006. Oliver also was charged criminally for his conduct and has pled guilty, but has not yet been sentenced. Get started today before this once in a lifetime opportunity expires. Probation. Official websites use .gov 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. On or about January 12, 2015, Aequitas entered into a loan agreement with Wells Fargo to establish a $100 million line of credit. | Privacy Statement. Have a question about Government Services? Waiver of indictment signed and accepted by the Court. 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. His attorneys have submitted bills for at least 2.7 million, far more than any other defendant. 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 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. An official website of the United States government. 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. Its been a long time coming, Kayser said. If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Jesenik, Rice, and MacRitchie are all on pre-trial release pending a five-week jury trial scheduled to begin on April 3, 2023. But I think my clients will be thrilled. (Tape #FTR-9B) (gw) (Entered: 04/19/2019) 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. More Local News to Love Start today for 50% off Expires 3/6/23. Bob Jesenik has not been criminally charged. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. Email USAO-OR. Until now, Rice and MacRitchie have faced minimal legal expenses. Have a question about Government Services? Investors had been bilked out of hundreds of millions of dollars, the SEC said. Reset here, 1999 - 2023 citywire.com. Counsel Present for the Government: Scott E. Bradford and Ryan W. Bounds. Brian has been a Senior Advisor with Cathedral Consulting since 2017. | Store YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. 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. They agreed to plead guilty and cooperate with the government.. 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 three are permanently barred from the securities industry. 1000 SW Third Ave Suite 600 Insight and analysis of top stories from our award winning magazine "Bloomberg Businessweek". 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. Oliver was a partial owner and Executive Vice President of Aequitas Management, LLC ("Aequitas Management . In a separate administrative proceeding, Jesenik, Oliver, and Gillis were barred from association with any broker, dealer, investment adviser, municipal securities dealer, municipal advisor, transfer agent, or nationally recognized statistical ratings organization, the SEC said. The current Aequitas Capital Management lawsuit was brought on by the heirs of Matthew Ledger. Defendant advised of rights. Sam Kauffman is MacRitchies attorney. There are also questions about whether Jesenik and other defendants spent the money appropriately. Worse, regulators from the U.S. Consumer Financial Protection Bureau and the state Department of Justice began taking a hard look at the colleges agreement with Aequitas. Official websites use .gov Brian Oliver and Olaf Janke, Aequitas chief financial officer before Gillis, pleaded guilty to similar charges. Ledger left the company in 2005 in a highly controversial and public way. 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.. 13. (chso). 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. All rights reserved (About Us). There was the motorcycle leasing company. Counsel Present for Plaintiff: Scott Bradford, Ryan Bounds. 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? Rice, former president of Key Bank of Oregon, acknowledged in recent court filings that he is a target in the case. 2023 RIA Intel, an Institutional Investor Publication. Theyve got a team that really loves entrepreneurship and is equipped with different skill sets. Lock Add Andrew MacRitchie and Brian Rice, second and third from right, to the list of former Aequitas executives now facing substantial legal defense costs. 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 The court also required Robert J. Jesenik, the firm's former CEO, and Brian A. Oliver,. 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. Learn more about reprints and licensing for this article. The firm sold more than $300 million worth of private investment notes, mostly through financial advisers. 0. Seven years ago, it was easy to believe in Aequitas. Have a question about Government Services? 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. 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. Sentencing is set for 8/5/2019 at 9:00AM in Portland before Judge Michael W. Mosman. (kms) (Entered: 04/19/2019), Home PORTLAND, Ore.U.S. brian oliver, aequitas brian oliver, aequitas Home Realizacje i porady Bez kategorii brian oliver, aequitas 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. He will be sentenced on June 27, 2023 by U.S. District Court Judge Michael H. Simon. 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. Between 2011 and 2014, Aequitas purchased more than $561 million in student loan debt, almost all of which was with Corinthian. Its not just the amount of insurance money that went to Jesenik that concerns the receiver. Both Rice and MacRitchie have asked the court for access to Aequitas insurance money to cover their defense costs. They hurt a whole lot of people.. By the time Corinthian filed for bankruptcy and students went on strike refusing to pay their loans some 75% of the receivables of the Aequitas notes came from the for-profit scam, according to RIA Intels first story on Aequitas. Signed on 4/19/2019 by Judge Michael W. Mosman. PORTLAND, Ore.U.S. More Local News to Love Start today for 50% off Expires 3/6/23. 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. John Deere boasted record profits in 2021 and finally struck a deal with striking union workers. Rice acknowledged in court filings that he's a suspect in the case. Gillis was the second Aequitas chief financial officer. 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. The company's general counsel just quit. Gillis was the second Aequitas chief financial officer. Aequitas investors lost about $600 million after the collapse. | Link Errors Community Rules apply to all content you upload or otherwise submit to this site. The final judgments prohibit Jesenik, Oliver, and Gillis from serving as officers or directors of any public company. Advisors providing advice on cryptocurrency-related assets should do so with caution, according to a new report by the CFP Board. The SECs complaint, filed on March 10, 2016, alleged that Aequitas Management and four affiliates defrauded more than 1,500 investors nationwide when that money was being used primarily to cover operating losses and to pay earlier investors in a Ponzi-like fashion, according to an April 24 SEC press release on the final judgment. 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. From June 2014 through February 2016, the former executives solicited investors by misrepresenting the companys use of investor money, the financial health and strength of Aequitas and its related companies, and the risks associated with its investments and investment strategies. II. 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. The Oregonian/OregonLive began investigating Aequitas in 2014, when it linked the firm to accusations of predatory student loans at Corinthian. 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. 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. 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. Jesenik also must pay a civil penalty of $625,000. Another was a utility executive who helped change Portlands business landscape. That has changed as the criminal case nears the indictment stage. Federal prosecutors have already cut guilty plea deals with two former Aequitas executives. He will be sentenced on August 5, 2019before U.S. District Court Judge Michael W. Mosman. Realized Launches Game Changing Platform for Direct Real Estate Investment, The CFP Board Calls Out Crypto in Code of Ethics and Standards, Modern Slavery Act Transparency Statement. An official website of the United States government. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Youve missed the point, Anxiety over tax refunds on the rise, Bankrate.com study shows, Gensler steps up warnings to money managers. 1000 SW Third Ave Suite 600 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. It was the beginning of the end for the high-flying company. In anticipation of the institution of these proceedings, Respondent has submitted an Offer . The new indictments bring to six the number of former Aequitas executives charged with defrauding investors. Oliver was originally scheduled to be sentenced on Aug. 5, but the sentencing date was moved to Nov.. Six months later, on or about June 30, 2015, Gillis signed an amended loan agreement with Wells Fargo on Aequitass behalf. Main Office: 18:1957 CONSPIRACY TO COMMIT MONEY LAUNDERING Chris Kayser, a Portland lawyer who represented 120 people who had invested in Aequitas, saw firsthand how unsophisticated investors were taken advantage of. Co-founders Bob Jesenik and Brian Oliver had participated in too many sketchy deals for sophisticated Oregon investors to feel comfortable with them. From June 2014 through February 2016, Oliver and others solicited investors by misrepresenting the companys use of investor money, the financial health and strength of Aequitas and its related companies, and the risks associated with its investments and investment strategies. Plus, Jeseniks monthly legal fees approximately quadrupled after he hired new counsel in approximately March 2017. A locked padlock All Rights Reserved. (Court Reporter Ryan White) (kms) (Entered: 04/19/2019) A .gov website belongs to an official government organization in the United States. Attorneys for the receiver now in charge of Aequitas, have voiced alarm at the share of the insurance money spent by Jesenik. As such, he was responsible for the development and implementation of risk management and compliance processes and procedures. Thom Maher is launching a firm, Maher Wealth Management, in Phoenix. RIA Intel is part of Delinian. Three other former Aequitas executives, including a former Portland bank president and a senior utility executive, were also charged. Oliver is the 25% owner of Aequitas Management and an Executive Vice President of the Entity Defendants. A locked padlock (Entered: 04/19/2019) Attorneys for the District of Oregon. 04/19/2019 12 Minutes of Proceedings: Entry of Plea Hearing held before Judge Michael W. Mosman for Defendant Brian A. Oliver. It began to default on the interest payments owed its legion of mom and pop investors. Prosecutors claim the Aequitas executives misled company investors about how their money was being used. Email USAO-OR. It was actually a giant Ponzi scheme, they said, in which the company relied on money from new investors to repay the old. But it appears they are far from done. 04/19/2019 13 Plea Agreement as to Brian A. Oliver (kms) (Entered: 04/19/2019) Now both have been sucked into the criminal fraud investigation of the collapsed firm. 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. Aequitas was allegedly a fraud on top of another fraud Corinthian Colleges, the scandal ridden for-profit college that went bankrupt in 2015. Portland, Oregon 97204 Irvine, California-based Eric Gallinger is affiliating with LPL through Stratos Wealth Partners. MacRitchie, the former utility executive, was the picture of respectability. 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. [More: Aequitas meltdown underscores the importance of due diligence, caution]. The company opened slick new offices in New York City. Please sign in or register to comment. 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. Scott Gillis, 66, from the securities industry for their roles in a scheme that bilked hundreds of millions from investors. 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. Oliver is the first former Aequitas Capital executive to be criminally charged. 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. 2023 Advance Local Media LLC. Luminaries from the downtown business establishment wanted to join the team. 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. It is being prosecuted by Ryan W. Bounds, Christopher Cardani and Siddharth Dadhich, Assistant U.S. By that time, it was clear to Aequitas executives the company was in deep financial trouble., Kayser added.

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