California Files 79 Criminal Charges in $200 Million Ponzi Scheme

Defendants accused of bilking investors out of retirement savings

May 26, 2009

Ponzi Schemes • California Arrests Alleged Mastermind of Multimillion Dollar Ponzi Scheme • Ponzi Scheme Targeted African-American Churches • California Sues Bernie Madoff Associate • Feds Charge Two In ATM Ponzi Scheme • New Jersey Firm Pays $7.2 Million In Ponzi Scheme • Illinois Broker Accused Of Running $10 Million Ponzi Scheme • California Files 79 Criminal Charges in $200 Million Ponzi Scheme • New Jersey Broker Charged In $10 Million Ponzi Scheme • Bank Of America Sued In Internet Ponzi Scheme • New Jersey Man Arrested in Ponzi Scheme • States on High Alert for Investment Fraud • $7 Million Ponzi Scheme Nets Prison Term in California • Feds Charge Atlanta Investment Firm With Fraud • SEC Charges Mortgage Executive Ran $30 Million Ponzi Scheme • California Police Make Arrests In Alleged Ponzi Scheme • Ponzi Artist Blamed for $150 Million in Losses • Autosurf Sites the Latest Scam Sensation --- • Scam Alerts

California Attorney General Edmund G. Brown has filed 79 criminal charges against three men who he says "callously swindled" thousands of individuals, including many retirees who lost their life savings, in a $200 million Ponzi scheme.

The defendants — James Stanley Koenig, 57, of Redding; Gary T. Armitage, 59, of Healdsburg; and Jeffery A. Guidi, 54, of Santa Rosa — were arrested and are now in custody. Bail has been set at $5 million each.

The three — James Stanley Koenig, 57, of Redding; Gary T. Armitage, 59, of Healdsburg; and Jeffery A. Guidi, 54, of Santa Rosa — "callously swindled thousands of individuals out of $200 million to bankroll their extravagant lifestyles," said Brown. "They took investors money and used it to pay for an 80-acre castle estate, a Lear jet, luxury homes and fancy cars. The Ponzi scheme ultimately collapsed under its own weight, causing hardship to thousands, many of whom were retirees who lost their life savings."

The charges mark the culmination of a year-long investigation, which found that Koenig, Armitage and Guidi created a network of more than 55 business ventures over a period of 10 years to enrich themselves and keep their Ponzi scheme afloat.

Brown's investigation revealed that in 1997, the three men began peddling construction and real estate projects across California. This included: "Quail Hollow," a residential subdivision in Susanville; Lake College, a for-profit vocational school in Redding; Mountain House Golf Course near Tracy; a light industrial distribution center in Brentwood; and dozens of other so-called "investment opportunities."

Victims were promised that these were safe, secure, low risk investments with double-digit returns, averaging 12 percent.

In recruiting their victims, Armitage organized "investment planning seminars," many of which targeted retirees, in the Bay Area and throughout California. Based on advice from these seminars, Californians invested sums ranging from $50,000 to more than $1 million. Some turned over their entire retirement portfolios and savings accounts.

Many of the construction and real estate projects, however, were poorly managed and were not financially viable, resulting in huge losses. Some projects were left unfinished or ended up in foreclosure.

Rather than inform investors about the failures, the complaint says Koenig, Armitage and Guidi sought to attract new investors, whose funds could be used to offset losses and pay returns to earlier investors. In doing so, the defendants withheld vital information that impacted investment decisions, including past business failures and Koenig's 1986 federal fraud conviction.

With double-digit returns and no knowledge of the investment failures, most investors kept their money in place and many invested in new projects. This Ponzi scheme continued for more than 10 years.

Under this scheme, the defendants' company would purchase an assisted living facility and sell it to one of their affiliate companies. The affiliate would then sell ownership shares in the property as an "investment opportunity" at an even higher price to new investors. Meanwhile, an additional affiliated company would manage the property to maximize revenue.

Revenues, however, were not reinvested into the facilities, but were pooled and used to pay interest to investors and keep investors at bay.

In April 2007, the Ponzi scheme began to collapse under a mountain of debt, and the defendants were unable to pay interest to investors. Nevertheless, they continued to solicit new investors in the vain hope that they could keep the operation alive, raising $23 million from 91 new investors.

The defendant's businesses finally went closed their doors in June 2008.

During the course of its investigation, Brown's office identified more than 1,000 victims with losses totaling $200 million.

Over the 10 years, Koenig, Armitage and Guidi siphoned fees, revenues and profits from their business ventures for their personal benefit, using the funds to purchase an 80-acre castle estate, a Lear jet, luxury vehicles, lavish vacations and expensive wine and art.

The three were charged with selling securities by means of false statements or material omissions in violation of Corporations Code Section 25401/25540 and residential burglary in violation of Section 459 of the Penal Code:

• Koenig was charged with 40 counts of securities fraud and 37 counts of residential burglary.

• Armitage was charged with 42 counts of securities fraud and 37 counts of residential burglary.

• Guidi was charged with 39 counts of securities fraud and 33 counts of residential burglary.

If convicted on all counts, each could face more than 100 years in prison.

More Scam Alerts ...

Report Your Experience
If you've had a bad experience -- or a good one -- with a consumer product or service, we'd like to hear about it. All complaints are reviewed by class action attorneys and are considered for publication on our site. Knowledge is power! Help spread the word. File your consumer report now.

Share		Follow us on Twitter.

Back to the top |