Aequitas finances were already spiraling down, and the worse they got, the more student debt the firm bought from Corinthian. It is being prosecuted by Ryan W. Bounds, Christopher Cardani and Siddharth Dadhich, Assistant U.S. There was the company that bought bad debt from hospitals for pennies on the dollar and then tried to collect on the debt. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. He is scheduled to be. Brian and his wife of 30 years live in Aurora, Oregon where they raised their family. More Local News to Love Start today for 50% off Expires 3/6/23. All Rights Reserved. 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. 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. Please sign in or register to comment. 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. Aequitas also had tentacles spread throughout the RIA world. 13. Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com. Gillis was the second Aequitas chief financial officer. Its been a long time coming, Kayser said. Investors had been bilked out of hundreds of millions of dollars, the SEC said. Brian Oliver and Olaf Janke, Aequitas chief financial officer before Gillis, pleaded guilty to similar charges. This special highlights the best of the fifth annual event which was held in Singapore from November 14-17. The Oregonian/OregonLive began investigating Aequitas in 2014, when it linked the firm to accusations of predatory student loans at Corinthian. They also have people who have helped raise money and sell businesses so they can help with that too. The court also required Robert J. Jesenik, the firm's former CEO, and Brian A. Oliver,. Brians experience encompasses a variety of positions across commercial banking, investment banking, alternative asset management, and business advisory services. Court finds defendant capable and competent to enter plea. President, Cathedral Finance|Senior Advisor. (2), Outcome: 04/19/2019 9 Order Setting Conditions of Release as to Defendant Brian A. Oliver. In a divorce settlement filed with the court, it's. The Aequitas entities, which are in receivership, will have to pay $540 million in disgorgement and interest as part of the final judgment. He argues he needs the money to help defray losses suffered by Aequitas investors. 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. 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. A locked padlock 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. Aequitas collapsed in 2016 owing about $600 million to investors. It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. John Deere boasted record profits in 2021 and finally struck a deal with striking union workers. But much of that money has already been spent. Counsel Present for Defendant: Whitney Patrick Boise and Kendra M. Matthews. 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. If you need help with finances, they've got that covered. Cookie Settings/Do Not Sell My Personal Information. The firm purchased or invested in other financial firms, many of them glorified debt collectors. In April, Brian Oliver, Aequitas. 2 executive, on Friday pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to commit money laundering. It is believed that since he was ousted from Aequitas, Jesenik has been. 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. The firm sold more than $300 million worth of private investment notes, mostly through financial advisers. This story was revised on Aug. 21, 2020 to correct some details about Brian Rices professional background. Nelson Scott Gillis, 69, of Lake Oswego, Oregon, pleaded guilty to one count of making a false statement to a bank. The recent filings indicate several additional Aequitas executives, like Rice and MacRitchie, are in harms way. He declined to comment. 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. Brian Oliver, Aequitas Capital's longtime No. Neither were charged when the U.S. Securities and Exchange Commission shut Aequitas down and filed a civil lawsuit in March 2016. It was actually a giant Ponzi scheme, they said, in which the company relied on money from new investors to repay the old. 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. | Editor Another was a utility executive who helped change Portlands business landscape. If you missed the last issue of InvestmentNews, you can access it here. 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. An official website of the United States government. 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). The third policy is now being consumed even though the criminal case is just getting underway and the pool of potential defendants is expanding. Brian has over 30 years experience in providing corporate finance and consulting solutions to small and medium sized businesses. With love for the 60/40 portfolio fading, 50/30/20 looks to be the cool new kid on the block. | Advertising 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. Wealth Management as an industry doesnt understand direct real estate and real estate certainly doesnt understand wealth management, says Realized founder David Wieland. Attorneys for the District of Oregon. Theyve recovered much of that money in a series of civil lawsuits against the professional firms that worked for Aequitas. But it appears they are far from done. The company's general counsel just quit. 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. Lock 04/19/2019 14 Plea Petition and Order Entering Plea as to Defendant Brian A. Oliver. 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. The Oregon firm thought it had hit the motherlode when it got into the college debt business. Luminaries from the downtown business establishment wanted to join the team. Co-founders Bob Jesenik and Brian Oliver had participated in too many sketchy deals for sophisticated Oregon investors to feel comfortable with them. Counsel Present for the Government: Scott E. Bradford and Ryan W. Bounds. 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. Oliver was originally scheduled to be sentenced on Aug. 5, but the sentencing date was moved to Nov.. Nevertheless, Papak ruled in favor of Jeseniks request for access to additional insurance funds to cover his defense. Both Rice and MacRitchie were high-profile Portland executives before joining Aequitas. Insight and analysis of top stories from our award winning magazine "Bloomberg Businessweek". Among his responsibilities, Rice oversaw the solicitation of investments through registered investment advisors (RIA) and managed Aequitass affiliated RIAs. It was the beginning of the end for the high-flying company. They are also prohibited from violating the SECs antifraud provisions. Have a question about Government Services? Accounting giant Deloitte, stock trader T.D. 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. 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? 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. 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. Six months later, on or about June 30, 2015, Gillis signed an amended loan agreement with Wells Fargo on Aequitass behalf. 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. He committed suicide in an attempt to hide . 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. 2 executive Brian Oliver pleaded guilty to the same charges in April. Brian has been a Senior Advisor with Cathedral Consulting since 2017. Youve missed the point, Anxiety over tax refunds on the rise, Bankrate.com study shows, Gensler steps up warnings to money managers. Government summarized charges and terms of plea agreement. 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. 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. Brian Mariash, James Lowther and their team will operate as Mariash Lowther Wealth Management in Sarasota, Florida. | Link Errors They've got that too. 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 ScottishPowers point man in its efforts to buy Pacificorp and served as an executive vice president there. Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. (Tape #FTR-9B) (gw) (Entered: 04/19/2019) Main Office: Attorney Billy J. Williams announced today that Robert J. Jesenik, 61, a former chief executive officer of Aequitas Management, LLC and several other Aequitas-owned entities, has been indicted along with three other former company executives for their roles in a fraud and money laundering conspiracy. All rights reserved (About Us). But now it has a bigger problem: farmers are revolting against restrictions on how they repair complex equipment. All rights reserved (About Us). District of Oregon Secure .gov websites use HTTPS Seven years ago, it was easy to believe in Aequitas. 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. By that time, it was clear to Aequitas executives the company was in deep financial trouble., Kayser added. He is scheduled to be sentenced on Aug. 5. 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. Five of the six senior Aequitas executives have been charged with federal crimes or have pleaded guility. The sentencing for former Aequitas Capital executive Brian Oliver has been moved again. 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. 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. It is free to register and only takes a minute or two. It began to default on the interest payments owed its legion of mom and pop investors. Aequitas specialized in debt. A locked padlock Secure .gov websites use HTTPS As Aequitas grew, its profile in the community also increased. Then Corinthian went bankrupt. 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. The company had three policies each for $5 million of coverage. 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. In anticipation of the institution of these proceedings, Respondent has submitted an Offer . 2023 Advance Local Media LLC. Plus, Jeseniks monthly legal fees approximately quadrupled after he hired new counsel in approximately March 2017. Brian A. Oliver, age 51, resides in Aurora, Oregon. But they made good money for Aequitas and its investors. 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. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. PORTLAND, Ore.U.S. 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.. ORDER Presentence Report to be prepared by U.S. 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. Timothy Laniers firm in Neptune Beach, Florida, focuses on serving doctors and health care executives. Share sensitive information only on official, secure websites. Reset here, 1999 - 2023 citywire.com. The firm sold more than $300 million worth of private investment notes, mostly through financial advisers. 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. 04/19/2019 12 Minutes of Proceedings: Entry of Plea Hearing held before Judge Michael W. Mosman for Defendant Brian A. Oliver. Prosecutors claim the Aequitas executives misled company investors about how their money was being used. Get started today before this once in a lifetime opportunity expires. (1) Oliver was a partial owner and Executive Vice President of Aequitas Management, LLC ("Aequitas Management . Section 203(f) of the Investment Advisers Act of 1940 ("Advisers Act") against Brian A. Oliver ("Oliver" or "Respondent"). Brian A Oliver is Exec VP & Pres:Financial Svcs at Aequitas Capital Mgmt Inc. See Brian A Oliver's compensation, career history, education, & memberships. Other funds went to pay their salaries. Ledger was the co-founder of Aequitas, which was then a small New York based company that dealt primarily in commercial paper. 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. In a separate proceeding, the SEC barred the three from the securities industry. An indictment is only an accusation of a crime, and defendants are presumed innocent unless and until proven guilty. A locked padlock Attorney Billy J. Williams announced today that Brian A. Oliver,a former owner and executive vicepresident of Aequitas Management, LLC and several other Aequitas . 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. The court appointed receiver now in charge of whats left of Aequitas opposes Rices and MacRitchies request for access to the insurance money. As such, he was responsible for the development and implementation of risk management and compliance processes and procedures. | Recent Lawyer Listings Brian Rice and Scott Gillis, two of the company's six senior partners, resigned in recent weeks. 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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! 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. Over the last few years Cathedral has really provided sage advice as weve been growing our green building companies. Chris Kayser, a Portland lawyer who represented 120 people who had invested in Aequitas, saw firsthand how unsophisticated investors were taken advantage of. Share sensitive information only on official, secure websites. Main Office: A lock ( In these roles, he was responsible for directing Aequitass overall financial policies and accounting functions. Lock If you purchase a product or register for an account through one of the links on our site, we may receive compensation. Portland, Oregon 97204 By the time he left, he was also in charge of Key Banks operations in Washington and Alaska. Court finds guilty pleas to be knowing and voluntary. He was even on the board of the Arlington Club. Email USAO-OR. Gillis was the second Aequitas chief financial officer. A native of the United Kingdom, he served as the British honorary consul in Portland for several years. 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 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. Waiver of indictment signed and accepted by the Court. ) or https:// means youve safely connected to the .gov website. They also have people who have helped raise money and sell businesses so they can help with that too. 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. Guilty pleas entered as to Counts 1 and 2 of the Information. 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. There was the commercial lender. Subscribe for original insights, commentary and analysis of the issues facing the financial advice community, from the InvestmentNews team. 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 . All three are permanently barred from the securities industry. 18:1957 CONSPIRACY TO COMMIT MONEY LAUNDERING The final judgments prohibit Jesenik, Oliver, and Gillis from serving as officers or directors of any public company. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. An official website of the United States government. Oliver is the 25% owner of Aequitas Management and an Executive Vice President of the Entity Defendants. ORDER Defendant released on previous conditions. MacRitchie oversaw all Aequitas accounting, legal, and audit functions, and participated in fundraising. 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 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? Defendant advised of rights. [More: Aequitas meltdown underscores the importance of due diligence, caution]. 2023 InvestmentNews LLC. Rice acknowledged in court filings that he's a suspect in the case. Aequitas did make legitimate investments. 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. He also established Aequitass New York Office and directed Aequitass Lux Fund, a Luxembourg-based fund used to solicit international investors. 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 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. | Articles YouTubes privacy policy is available here and YouTubes terms of service is available here. 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. The Aequitas entities, Jesenik, and Gillis consented to the entry of final judgment without admitting or denying the SECs allegations. Brian received a Bachelor of Science degree from Oregon State University. The company's general counsel just quit. Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross . It is being prosecuted by Scott E. Bradford and Ryan W. Bounds, Assistant U.S. 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. I have really enjoyed working with Seth, Brian and the Cathedral team.. Previously, Brian was an Executive VP, Business Development at Alternative Asset Management. But prosecutors allege the Aequitas executives lied about the firms financial performance. 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.. Brian Rice and Andrew MacRitchie left their corporate posts for jobs at Aequitas Capital. Federal regulators claimed that Aequitas executives misled investors for years about the companys true financial condition. 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. Attorneys for the receiver now in charge of Aequitas, have voiced alarm at the share of the insurance money spent by Jesenik. 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. Rice headed Key Bank in Oregon for 12 years. Brian's experience encompasses a variety of positions across commercial banking, investment banking, alternative asset management, and business advisory services.
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