SEC Halts $47 Million Investment Fraud at Utah-Based Pay Day Loan Organizations

SEC Halts $47 Million Investment Fraud at Utah-Based Pay Day Loan Organizations


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 opportunities in their companies – Impact money LLC and Impact Payment Systems LLC. Investors had been told their funds could be held in separate bank records and utilized to invest in loans that are payday other facets of the businesses’ operations. But, Clark alternatively commingled investor funds into an individual pool and utilized them to help make unauthorized investments, pay fictitious earnings to previous investors, and fund his very own lifestyle that is lavish.

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“Investors were guaranteed extraordinary returns while Clark had been really diverting their cash to help make such extraordinary personal purchases as a totally restored classic 1963 Corvette Stingray,” said Ken Israel, Director of this SEC’s Salt Lake Regional workplace. “Clark recruited brand brand new investors through recommendations from previous investors whom thought the Ponzi payments they received had been real comes back on the investments and sought to generally share the opportunity that is lucrative family members and business associates.”

The SEC alleges that as well as purchasing numerous cars that are expensive snowmobiles, Clark took investor funds to shop for a house movie movie movie theater, bronze statues as well as other art for himself.

Based on the SEC’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 additionally recruited investors by attending industry events in a variety of states, attending loan that is payday, and spending salespeople to locate possible investors to meet up with with Clark. He paid one salesperson significantly 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 least March 2006 to September 2010, Clark as well as the effect organizations raised funds from investors when it comes to reported purposes of funding payday advances, buying listings of leads for cash advance customers, and having to pay operating that is impact’s. Effect failed to circulate a placement that is private or other document disclosing the character of this investment or the dangers included to investors. The SEC’s grievance charges influence and Clark with fraudulently attempting to sell securities that are unregistered.

In accordance with the SEC’s grievance, Clark regularly changed investor account statements supplied to him by Impact’s accounting division to generate artificially high annual rates of return. The changed account statements with purported earnings had been then provided for investors. Account statements to clients revealed annualized returns varying from 30 % to a lot more than 200 per cent.

Besides the asset freeze authorized late Friday, the court has appointed a receiver to protect and marshal assets for the advantage of investors. The SEC’s issue seeks a preliminary and permanent injunction because well as disgorgement, prejudgment interest and economic charges from influence and Clark.

This matter had been examined by Jennifer Moore, Justin Sutherland and Marie Elliott associated with the SEC’s Salt Lake Regional workplace, together with litigation shall be led by Tom Melton. The SEC appreciates the help of the Utah Division of Securities in this matter.


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