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COURT PLACES LAUREL-BASED MORTGAGE PAYMENT / INVESTMENT
PROGRAM INTO RECEIVERSHIP
Ponzi Scheme Accused of Securities Violations and Investment Fraud
BALTIMORE, MD (November
1, 2007) - Attorney General Douglas F. Gansler announced today
that POS DH, LLC, Metropolitan Grapevine,
LLC, and Andrew H. Williams, Jr., have been placed in receivership,
effective Monday, October 29, 2007. After hearing three days of
testimony detailing the business activities of the Defendants,
the Honorable Thomas P. Smith, Circuit Court for Prince George’s
County, issued an order placing the companies into receivership
and freezing their assets as well as those of an additional 18
entities that were shown to be affiliated with the Defendants’ business
operations.
The court determined
that over 1,000 people invested approximately $50,000,000 in
promissory note and investment contract securities
offered and sold by the Defendants, investments that are essentially
without value. The court also determined that the Defendants’ businesses
generated no significant income and that they are insolvent with
liabilities of $200,000,000 to $300,000,000 and current assets
of approximately $2,000,000. The court concluded that the Defendants
were paying previous investors with funds received from new investors,
and that the investment program was, in fact, a Ponzi scheme.
“This court order now places the financial control of POS
DH, LLC, Metropolitan Grapevine, LLC, and Williams, in the hands
of the court-appointed receiver,” said Attorney General Gansler. “The
receiver will now take all of the assets of the Defendants traceable
to this investment scam and create a pool of money to be refunded
to the investors and other creditors.”
In August, 2007, the
Securities Division of the Attorney General’s
office issued a Summary Order to Cease And Desist against POS DH,
LLC, Metropolitan Grapevine, LLC, CEO Andrew H. Williams, and agent
Laveda Whitfield, and their officers and directors, all operating
out of Laurel. That action ordered the parties to cease and desist
violating Maryland’s securities laws by operating an investment
program involving the promised payment of homeowners’ mortgages
in five years following a payment to POS, while misrepresenting
or failing to disclose details about risk, use of proceeds, and
company personnel. The companies used a variety of business names,
including POS Dream Homes, Metro Dream Homes, POS Café,
Metro Grapevine, and other names as part of the overall scheme.
The Securities Division’s investigation revealed that POS Dream Home
operated an unregistered promissory note investment program under the guise
of a mortgage payment plan. Using personal sources and public meetings to solicit
potential investors in Metropolitan Grapevine and POS, agents offered the opportunity
to live mortgage free. For an up-front payment to POS of $5,000 plus a percentage
of the loan amount, a home buyer or owner was promised full payment of their
mortgage in five years or less. The owner then would split the value of the
home with POS. The money to make the payments allegedly was generated from
POS’s investment in “POS cafes,” which included an ATM, credit
card reader, and other revenue-generating devices.
While soliciting investors,
POS and its agents failed to disclose to investors where the
cafes were located, past financial results,
operating expenses, the lack of any registration of the investments,
and the history of management personnel. Williams is the subject
of a 2001 order by the Circuit Court for Prince George’s
County, enjoining and restraining him from engaging in the securities
business in Maryland. Neither company, its notes, or its promoters
is registered with the Securities Division as required by Maryland
law.
The Attorney General
says his Securities Division brought the actions not only to
halt the fraudulent scheme and prevent new
investor losses, but also to protect whatever assets remain for
distribution to the programs’ existing investors. “There
is great risk of loss of investors’ money where there is
no demonstrated source of income except other investors,” said
Attorney General Gansler. “In today’s already jittery
climate of rapid change in home values and questionable mortgage
practices, fraudulent programs like this further erode confidence
in the investment and mortgage markets.”
Attorney General Gansler is asking anyone with knowledge of the
location of any money, bank accounts, or other assets, including
the more than 50 vehicles owned by the companies, to contact the
Office of the Attorney General at (410) 576-6360, or the receiver
in this matter, Invotex Group, 1637 Thames Street, Baltimore, Maryland,
21231. They can be contacted by mail or through the website: www.pos-receiver.com.
Attorney General Gansler is also reminding investors that they
can contact the Securities Division of his office at 410-576-6360
if they have questions concerning the status of investment promoters
or the securities in which they plan to invest. Gansler cautions
potential investors to thoroughly check out any investment opportunity
by contacting the Securities Division regarding securities broker-dealers,
agents, investment advisors, investment advisor representatives,
financial planners, the registration status of securities, or to
report suspected fraud.
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