SEC Halts $47 Million Investment Fraud at Utah-Based Cash Advance Organizations

Washington, D.C. – The Securities and Exchange Commission today announced 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 per cent to their assets in their businesses – 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 rather commingled investor funds into an individual pool and utilized them to help make unauthorized investments, pay fictitious earnings to previous investors, and fund his or her own luxurious life style.

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“Investors had been promised returns that are extraordinary Clark ended up being really diverting their funds which will make such extraordinary personal acquisitions as a totally restored classic 1963 Corvette Stingray,” said Ken Israel, Director regarding the SEC’s Salt Lake Regional workplace. “Clark recruited brand brand brand new investors through recommendations from previous investors who thought the Ponzi re re re payments they received were real comes back to their investments and sought to generally share the opportunity that is lucrative family members and business associates.”

The SEC alleges that along with purchasing numerous cars that are expensive snowmobiles, Clark took investor funds to acquire a house movie movie movie theater, bronze statues along with 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 industry events in several states, attending loan that is payday, and spending salespeople to locate possible investors to satisfy with Clark. He paid one salesperson significantly more than a half-million dollars more than a multi-year duration to find prospective investors and attend cash advance conferences and industry events.

The SEC alleges that from at the very least March 2006 to September 2010, Clark and also the effect businesses raised funds from investors for the reported purposes of funding payday advances, buying listings of leads for pay day loan clients, and having to pay Impact’s running costs. Effect would not circulate a placement that is private or other document disclosing the type regarding the investment or perhaps the dangers included to investors.

The SEC’s grievance charges influence and Clark with fraudulently attempting to sell unregistered securities.

Based on the SEC’s grievance, Clark regularly changed investor account statements offered to him by Impact’s accounting division to produce artificially high yearly prices of return. The changed account statements with purported earnings had been then delivered to investors. Account statements to clients revealed annualized returns varying from 30 % to a lot more than 200 per cent.

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 charges from influence and Clark.

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

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