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 payday that is online 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 per cent to their assets in their businesses – Impact money LLC and Impact Payment Systems LLC. Investors had been told their cash could be held in split bank reports and utilized to invest in payday advances and other components of the firms’ operations. But, Clark alternatively commingled investor funds into just one pool and utilized them in order to make unauthorized investments, pay fictitious earnings to earlier investors, and fund their own luxurious life style.

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“Investors had been guaranteed returns that are extraordinary Clark ended up being really diverting their cash in order to make such extraordinary personal acquisitions as a completely 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 earlier in the day investors whom thought the Ponzi re re payments they received had been real returns to their investments and sought to generally share the lucrative possibility with family members and company associates.”

The SEC alleges that along with purchasing multiple costly vehicles and snowmobiles, Clark took investor funds to shop for a home movie theater, bronze statues as well as other art for himself.

In accordance with the SEC’s problem filed in U.S. District Court when it comes to District of Utah, Clark lured at the least 120 investors into their scheme. Besides word-of-mouth referrals from earlier in the day investors, Clark additionally recruited investors by attending trade events in different states, attending pay day loan seminars, and spending salespeople to find prospective investors to generally meet with Clark. He paid one salesperson significantly more than a half-million dollars over a period that is multi-year find prospective investors and attend cash advance conferences and trade events.

The SEC alleges that from at the very least March 2006 to September 2010, Clark plus the effect organizations raised funds from investors when it comes to reported purposes of funding payday advances, buying listings of leads for cash advance clients, and having to pay operating that is impact’s. Effect failed to circulate a placement that is private or just about any other document disclosing the character associated with investment or perhaps the dangers included to investors. The SEC’s grievance charges Impact and Clark with fraudulently selling unregistered securities.

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

The court has appointed a receiver to preserve and marshal assets for the benefit of investors in addition to the asset freeze approved late Friday. The SEC’s problem seeks an initial and injunction that is permanent well as disgorgement, prejudgment interest and economic penalties from influence and Clark.

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