Bend, Oregon Resident and Corporation Sentenced in Securities Fraud Scheme
Michael Rich, Former President and Chief Executive
Officer of Pac Equities, Inc., is Sentenced to Serve
20 Years in Prison for Fraudulent Scheme
Eugene, Ore.-Michael Marks Rich, former
President and Chief Executive Officer of Pac Equities,
Inc., was sentenced to serve a 20-year term of imprisonment
today by United States District Judge Michael Hogan
for securities fraud related offenses. He was also
ordered to pay restitution in the amount of $10,362,680.81
to the victims of his fraud. Rich and Pac Equities
were found guilty by a jury on December 10, 2007, of
securities fraud, wire fraud, and mail fraud. Additionally,
the jury found Rich guilty of bank fraud, attempted
bank fraud, money laundering, obstruction of justice,
and tax fraud. The verdicts were returned after a ten-day
trial before Judge Hogan. Rich is 71 years of age,
and prior to his arrest in this case he resided in
Bend, Oregon. He is also known as Richard Forbes Williams
and Michael Richard Brown.
The sentence was enhanced for a number of reasons
including the large number of victims (over 300), the
sophisticated nature of the scheme, the leadership
role Rich played in the scheme, and because Rich obstructed
justice by failing to disclose assets and by wasting
assets which belonged to victims of his scheme.
The securities fraud charges were based upon the real
estate investment contracts which were sold based upon
misrepresentations by Rich and Pac Equities. The bank
fraud charge was based upon misrepresentations Rich
made to Countrywide Bank National Association to obtain
a $149,905 loan. The attempted bank fraud charge was
based upon misrepresentations Rich made to obtain $20,000
in cashier's checks from the Bank of Hawaii. The wire
fraud charges were based on misrepresentations made
via the Internet and other means to obtain a $600,000
loan from Countrywide Home Loans and to obtain wire
transfers from investors. The mail fraud charges were
based upon misrepresentations made via the mail to
obtain money from investors. The money laundering charges
were based upon Rich's use of investor money to pay
personal expenses. The financial transactions engaged
in by Rich as alleged in the money laundering counts
exceeded $7,000,000. The obstruction of justice charges
were based upon evidence Rich concealed from investigators,
the Court, and a Receiver in the case. The tax fraud
charges were based upon $139,500 Rich failed to report
to the IRS in 2003 and $155,000 Rich failed to report
to the IRS in 2004.
During the course of the offenses, Pac Equities had
an office in Bend, Oregon and purported to manage
profitable real estate development projects, including
a subdivision in Phoenix, Arizona, a high-density townhouse
development in Salem, Oregon, a dairy in Culver, Oregon,
a resort complex in Ocean Shores, Washington, commercial
buildings in Redmond, Oregon, and an industrial park
in LaPine, Oregon. Rich and Pac Equities also purported
to make profitable loans. They facilitated these activities
by soliciting investors to invest in real estate development
projects and loans with the promise of annual returns
of 10% or more, which were paid on a monthly basis.
They represented that the investments were secured
by trust deeds and always had at least 30% in equity,
with no more than 70% loan to value ratio. The evidence
at trial, however, showed that in selling real estate
investment contracts, Rich misrepresented a variety
of things about his educational background, his employment
history, and the nature and security of the contracts,
which caused over 300 people to invest over $18,000,000
with Pac Equities.
Rich and Pac Equities created the facade of a successful
business by using investor principal to make monthly
payments to investors. They represented that these
payments constituted interest earned from profitable
investment and loan activity. They used this facade
to recruit additional investors and retain existing
investors, knowing that the only sources of income
for Pac Equities were from a few projects and loans.
These amounts were insufficient to meet monthly interest
obligations which Pac Equities owed its investors.
"It can be devastating when the financial well-being
of an individual falls into the wrong hands through
trickery and deceit," said Kenneth Hines, the
IRS Special Agent in Charge for the Pacific Northwest. "The
days are numbered for those who peddle false hopes
and dreams and prey on investors for their own personal
financial benefit."
The case was the result of an investigation by the
Internal Revenue Service, Criminal Investigation Division,
the Federal Bureau of Investigation, and the State
of Oregon, Department of Consumer and Business Services,
Division of Finance and Corporate Securities. The case
was prosecuted by United States Attorney Sean B. Hoar.
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