The SEC alleges that CEO Robert J. Jesenik and executive vice president Brian A. Oliver were well aware of the firm's dire financial status but continued to solicit hundreds of millions of dollars in investments to stave off the firm's complete collapse. The firm sold more than $300 million worth of private investment notes, mostly through financial advisers. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. Secure .gov websites use HTTPS 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. 18:1957 CONSPIRACY TO COMMIT MONEY LAUNDERING In a divorce settlement filed with the court, it's. | Store One of Aequitas biggest moneymakers disappeared almost overnight. 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. President, Cathedral Finance|Senior Advisor. Cookie Settings/Do Not Sell My Personal Information. MacRitchie, the former utility executive, was the picture of respectability. Have a question about Government Services? All rights reserved (About Us). Official websites use .gov 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.. They agreed to plead guilty and cooperate with the government.. If you missed the last issue of InvestmentNews, you can access it here. 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. A lock ( It began to default on the interest payments owed its legion of mom and pop investors. Aequitas did make legitimate investments. 2 executive Brian Oliver pleaded guilty to the same charges in April. Signed on 4/19/2019 by Judge Michael W. Mosman. 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. An official website of the United States government. 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. Arraignment held for Defendant Brian A. Oliver on Counts 1 and 2 of the Information. Seven years ago, it was easy to believe in Aequitas. The Oregon firm thought it had hit the motherlode when it got into the college debt business. Aequitas also had tentacles spread throughout the RIA world. Defendant waived reading of the Information. They've got that too. All rights reserved (About Us). (1) Over the last few years Cathedral has really provided sage advice as weve been growing our green building companies. 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. As part of his plea agreement, Gillis has also agreed to pay restitution as determined by the government and ordered by the court. | Advertising 2023 Advance Local Media LLC. Both Rice and MacRitchie were high-profile Portland executives before joining Aequitas. Court finds defendant capable and competent to enter plea. They also have people who have helped raise money and sell businesses so they can help with that too. The company had three policies each for $5 million of coverage. Its been a long time coming, Kayser said. On March 16, 2016, pursuant to the Stipulated Interim Order Appointing Receiver, the Receiver was appointed as receiver . He declined to comment. By that time, it was clear to Aequitas executives the company was in deep financial trouble., Kayser added. A native of the United Kingdom, he served as the British honorary consul in Portland for several years. 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. Sentencing is set for 8/5/2019 at 9:00AM in Portland before Judge Michael W. Mosman. Counsel Present for the Government: Scott E. Bradford and Ryan W. Bounds. 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. Please sign in or register to comment. Defendant sworn and examined. A lock ( Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. (2), Outcome: 04/19/2019 9 Order Setting Conditions of Release as to Defendant Brian A. Oliver. 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. 2020 update: Aequitas investors recoup some money. Theyve got a team that really loves entrepreneurship and is equipped with different skill sets. Brian has been a Senior Advisor with Cathedral Consulting since 2017. | Sign In, Verdict Corrections He pled guilty but has not yet been sentenced. The Oregonian first reported the criminal charges and guilty plea. Former CFO N. Scott Gillis was required to pay a $300,000 civil penalty. They both opted not to talk. Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against Brian A. Oliver ("Oliver" or "Respondent"). Nevertheless, Papak ruled in favor of Jeseniks request for access to additional insurance funds to cover his defense. Attorney Billy J. Williams announced today that Olaf Janke, a former owner and chief financial officer of Aequitas Management, LLC and several other Aequitas-owned entities, has pleaded guilty to conspiring to commit mail and wire fraud and money laundering. There was the commercial lender. 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. Another was a utility executive who helped change Portlands business landscape. 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. Attorneys for the District of Oregon. Government summarized charges and terms of plea agreement. 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. If convicted on all charges, each of the defendants could face decades in prison and millions of dollars in fines and restitution, as well as five years supervised release following their prison terms. 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). The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. Brian and his wife of 30 years live in Aurora, Oregon where they raised their family. PORTLAND, Ore.U.S. SEC charges advisor over Aequitas conflicts of interest. 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. Aequitas finances were already spiraling down, and the worse they got, the more student debt the firm bought from Corinthian. 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. Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross . Brian Oliver, Aequitas Capital's longtime No. A locked padlock 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 Three other former Aequitas executives, including a former Portland bank president and a senior utility executive, were also charged. 13. Have a question about Government Services? It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. The Aequitas entities, Jesenik, and Gillis consented to the entry of final judgment without admitting or denying the SECs allegations. Neither were charged when the U.S. Securities and Exchange Commission shut Aequitas down and filed a civil lawsuit in March 2016. YouTubes privacy policy is available here and YouTubes terms of service is available here. Previously, Brian was an Executive VP, Business Development at Alternative Asset Management. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. Some money from new investors was allegedly used to pay earlier investors Brian Oliver and Olaf Janke, former senior Aequitas executives, have in recent months cut plea deals with federal prosecutors. 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. Oliver is the 25% owner of Aequitas Management and an Executive Vice President of the Entity Defendants. An indictment is only an accusation of a crime, and defendants are presumed innocent unless and until proven guilty. This is a company that talked a woman into investing nearly her entire retirement nest-egg -- about half-a-million dollars - in October 2015, Kayser said. Share Your Design Ideas, New JerseysMurphy Defends $10 Billion Rainy Day Fund as States Economy Slows, What Led to Europe's Deadliest Train Crash in a Decade, This Week in Crypto: Ukraine War, Marathon Digital, FTX, Exec VP & Pres:Financial Svcs, Aequitas Capital Mgmt Inc. Attorneys for the District of Oregon. They've got that too. Thom Maher is launching a firm, Maher Wealth Management, in Phoenix. 2023 Advance Local Media LLC. Accounting giant Deloitte, stock trader T.D. Insight and analysis of top stories from our award winning magazine "Bloomberg Businessweek". Portland, Oregon 97204 Portland, Oregon 97204 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. Brian A. Oliver, age 51, resides in Aurora, Oregon. 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. No criminal charges have been filed against Bob Jesenik, Aequitas co-founder and CEO. Federal regulators claimed that Aequitas executives misled investors for years about the companys true financial condition. 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. Attorney Billy J. Williams announced today that Brian A. Oliver,a former owner and executive vicepresident of Aequitas Management, LLC and several other Aequitas . In these roles, he was responsible for directing Aequitass overall financial policies and accounting functions. He argues he needs the money to help defray losses suffered by Aequitas investors. 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 collapsed in 2016 owing about $600 million to investors. Between 2011 and 2014, Aequitas purchased more than $561 million in student loan debt, almost all of which was with Corinthian. Brian received a Bachelor of Science degree from Oregon State University. Share sensitive information only on official, secure websites. It is free to register and only takes a minute or two. The final judgments prohibit Jesenik, Oliver, and Gillis from serving as officers or directors of any public company. PORTLAND, Ore.U.S. All Rights Reserved. But prosecutors allege the Aequitas executives lied about the firms financial performance. ) or https:// means youve safely connected to the .gov website. A .gov website belongs to an official government organization in the United States. Court finds guilty pleas to be knowing and voluntary. Oliver is the first former Aequitas Capital executive to be criminally charged. Add Andrew MacRitchie and Brian Rice, second and third from right, to the list of former Aequitas executives now facing substantial legal defense costs. District of Oregon Rice served as Aequitass executive vice president and president of wealth management. Email USAO-OR. 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. This special highlights the best of the fifth annual event which was held in Singapore from November 14-17. Subscribe for original insights, commentary and analysis of the issues facing the financial advice community, from the InvestmentNews team. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. Plea Petition and Plea Agreement signed and accepted by the Court. Rice acknowledged in court filings that he's a suspect in the case. Rice, a longtime Portland banker who eventually became regional president for Key Bank, gave up the big downtown office to join Aequitas in 2014. But they made good money for Aequitas and its investors. Nelson Scott Gillis, 69, of Lake Oswego, Oregon, pleaded guilty to one count of making a false statement to a bank. Guilty pleas entered as to Counts 1 and 2 of the Information. Waiver of indictment signed and accepted by the Court. It was actually a giant Ponzi scheme, they said, in which the company relied on money from new investors to repay the old. [More: Aequitas meltdown underscores the importance of due diligence, caution]. 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. ORDER granting the Government's oral motion to unseal the case. Gillis was the second Aequitas chief financial officer. This story was revised on Aug. 21, 2020 to correct some details about Brian Rices professional background. 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. It entered into a deal to buy student loans from Corinthian, the notorious for-profit college. Former Aequitas Owner and Executive Vice President . 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 In addition, it said Gillis agreed to be permanently suspended from appearing and practicing before the SEC as an accountant and cannot work as an auditor for pubic companies. 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. 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. Both Rice and MacRitchie have asked the court for access to Aequitas insurance money to cover their defense costs. All three are permanently barred from the securities industry. It is being prosecuted by Ryan W. Bounds, Christopher Cardani and Siddharth Dadhich, Assistant U.S. 2023 RIA Intel, an Institutional Investor Publication. 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. 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. 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. They agreed to plead guilty and cooperate with the government. 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. 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. 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. PORTLAND, Ore.U.S. The Government does not seek detention and Defendant is released on conditions. All material subject to strictly enforced copyright laws. Aequitas was allegedly a fraud on top of another fraud Corinthian Colleges, the scandal ridden for-profit college that went bankrupt in 2015. A federal court in Oregon entered final judgments against Aequitas Management requiring the firms receiver to pay $453 million in disgorgement. At a hearing in U.S. District Court on Monday, Janke confirmed that as part of his plea agreement, he would oppose any sentence of less than three years. As Aequitas grew, its profile in the community also increased. Gillis was the second Aequitas chief financial officer. But now it has a bigger problem: farmers are revolting against restrictions on how they repair complex equipment. 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. 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. 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. 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. There was no more hiding the fact that Aequitas was broke. Community Rules apply to all content you upload or otherwise submit to this site. (Entered: 04/19/2019) This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration. More Local News to Love Start today for 50% off Expires 3/6/23. | Privacy Statement. As such, he was responsible for the development and implementation of risk management and compliance processes and procedures. The company's general counsel just quit. He also established Aequitass New York Office and directed Aequitass Lux Fund, a Luxembourg-based fund used to solicit international investors. 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. | Articles There was the motorcycle leasing company. Once a high-flying Lake Oswego . 04/19/2019 11 Waiver of Indictment by Brian A. Oliver (schm) (Entered: 04/19/2019) Main Office: Counsel Present for Defendant: Whitney Boise, Kendra Matthews. 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. Among his responsibilities, Rice oversaw the solicitation of investments through registered investment advisors (RIA) and managed Aequitass affiliated RIAs. brian oliver, aequitas brian oliver, aequitas Home Realizacje i porady Bez kategorii brian oliver, aequitas I have really enjoyed working with Seth, Brian and the Cathedral team. 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. A locked padlock YouTubes privacy policy is available here and YouTubes terms of service is available here. 04/19/2019 13 Plea Agreement as to Brian A. Oliver (kms) (Entered: 04/19/2019) Please read our Terms and Conditions, Modern Slavery Act Transparency Statement, and Privacy Policy before using the site. Aequitas specialized in debt. Counsel Present for Defendant: Whitney Patrick Boise and Kendra M. Matthews. 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Longtime Aequitas No. He is scheduled to be sentenced on Aug. 5. Much of the cash went to make the payments owed to other investors. But the defendants have already spent more than $10 million on legal costs, exhausting the first two policies. 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. A lock ( MacRitchie was ScottishPowers point man in its efforts to buy Pacificorp and served as an executive vice president there. 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. | Editor (Tape #FTR-9B) (gw) (Entered: 04/19/2019) He was even on the board of the Arlington Club. Rueben Iniguez, a lawyer in the federal defenders office in Portland, is representing Jesenik. But it appears they are far from done. The Oregonian/OregonLive began investigating Aequitas in 2014, when it linked the firm to accusations of predatory student loans at Corinthian. 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. On or about January 12, 2015, Aequitas entered into a loan agreement with Wells Fargo to establish a $100 million line of credit. Main Office: He was the British honorary consul to Portland. MacRitchie was the companys executive vice president and chief compliance officer. Brian's experience encompasses a variety of positions across commercial banking, investment banking, alternative asset management, and business advisory services. I have really enjoyed working with Seth, Brian and the Cathedral team.. Brian Mariash, James Lowther and their team will operate as Mariash Lowther Wealth Management in Sarasota, Florida. Timothy Laniers firm in Neptune Beach, Florida, focuses on serving doctors and health care executives. Community Rules apply to all content you upload or otherwise submit to this site. Luminaries from the downtown business establishment wanted to join the team. 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. Lock 1000 SW Third Ave Suite 600 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. The company's general counsel just quit. He worked for Portland banks for much of his career before he was named regional president of Key Bank in 2006. 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.
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