Securities Fraud Trial Delayed For Alabama Tomato Farm Founder

A judge in Madison County, Alabama has granted a continuation for the trial scheduled for May in an alleged tomato farming scandal. James Lawhorne is alleged to have defrauded investors of Cypress Creek Organic Farms. The Alabama Securities Commission charged Lawhorne in December claiming that, while going by the alias "Jim Gilley," he conned investors by guaranteeing returns so that they would give him their funds. Judge James Smith granted the continuation on Wednesday until August 10 with the pretrial docket on August 7. As of now, Lawhorne is being held in Madison County Jail after his previous bond was revoked after an escape. He removed his ankle monitor in January and fled to Lake Mary, Florida, where it is believed he tried to start up a similar scam with organic pickles. If you or someone you know has lost money as a result of an investment or Ponzi scheme, please contact Richard Frankowski at 888-741-7503 to discuss your potential [...]

Ohio Supreme Court Upholds Prison Term In Securities Fraud Case

The Ohio Supreme Court ruled today that ex-Evergreen Corporation President David Willan will serve his full ten year prison sentence for securities violations under the state's racketeering laws. Writing for the 5-2 court, Justice Judith L. French noted that the court found that the three convictions unambiguously apply and subject Willan to a mandatory RICO sentence of ten years. Willan's attorney, Andrea Whitaker, called the ruling "extremely disappointing" and stated that the case will be appealed to the United States Supreme Court on the question of whether the mandatory sentence is constitutional. The appeal will be grounded in a 2013 United States Supreme Court case that held that all facts in a mandatory sentence case must be submitted to and found true by a jury, rather than leaving it to a judge's discretion. Justice Judith Anne Lanzinger dissented, noting that the jury at the trial was not asked whether the crime of false representation supported the most grave racketeering conviction. [...]

Former Georgia Attorney Pleads Guilty To Securities Violations

Hendrickx Toussaint, a former attorney from Atlanta, Georgia, has pleaded guilty in Madison County, Alabama Circuit Court to one count of Conspiracy to Commit Securities Fraud by employing a device, scheme or artifice to defraud, a Class C felony punishable by up to ten years and no less than a year and a day in prison as well as a fine of up to $15,000 upon conviction. Circuit Court Judge Alison S. Austin will sentence Toussaint on September 17 of this year. Toussaint's sentence will run concurrently with a federal prison sentence. Earlier this year, Toussaint pleaded guilty in federal court in the United States District Court for the Northern District of Georgia to Conspiracy to Commit Wire Fraud. His federal sentencing will occur on August 4. Toussaint was indicted by a Madison County, Alabama Grand Jury in June 2014. His co-conspirator, Richard David Hall of Huntsville, Alabama fraudulently solicited investors' funds to be used in a managed gold "buy-sell" [...]

Department Of Labor Releases Proposal On Expanding Fiduciary Duties

Yesterday, the United States Department of Labor released a hotly anticipated and controversial proposal that would make financial advisers put their clients' interests before their own when recommending retirement investment products. The rule, which is staunchly opposed by numerous people in the brokerage community, will broaden the number of financial advisers subject to the fiduciary standard created by the Employee Retirement Income Security Act (ERISA) by removing a couple of exemptions that permitted advisers to push clients toward investment products that give brokers a tremendous upside, even if it is not in the best interest of the clients. The goal of the rule is to end such conflicts by making broker-dealers who provide one-time advice to fall under the definition of investment advisers under ERISA. The second exemption that the rule will end is a clause stating that for a broker to be considered a fiduciary, the adviser and the client must agree that information provided by the broker was [...]