Felon Who Ran Ponzi From Fraternity House Is Charged With Defrauding BDs

News October 31, 2022 at 03:51 PM
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The Securities and Exchange Commission on Monday charged six individuals, including a felon who is now in prison for another crime, with conducting a "freeriding scheme" that the SEC said defrauded several broker-dealers.

The SEC's complaint, filed in U.S. District Court for the Northern District of Georgia in Atlanta, alleged that, from May 2019 to early January 2021, Syed Arham Arbab, 25, and five others made over $2 million in bogus deposits from empty or underfunded bank accounts into various brokerage accounts to deceive BDs into providing instant deposit credit for online securities trading.

Arbab allegedly conducted the scheme just before starting a five-year prison sentence for another securities-related scheme.

The SEC previously charged Arbab in 2019 with running a Ponzi scheme from his fraternity house near the University of Georgia campus — for which he started serving a five-year sentence in January 2021, after pleading guilty in a parallel criminal case by the U.S. Attorney's Office for the Middle District of Georgia.

The BDs were not identified in the complaint, and the SEC didn't immediately respond to a request for comment.

The complaint alleges that Arbab and his fellow participants, which included his high school and college friends and a relative, received over $1.5 million in instant deposit credit they used to make unfunded online trades, which caused affected BDs to lose at least $146,660.

The SEC's complaint charged Arbab and his five co-defendants — Tomas Javier Jimenez, 24, of Dunwoody, Georgia; Blake Douglas McKinney, 26, of Plymouth, Michigan; Mushfiqur Rahman, 21, of Jamaica, New York; John Ryan Shows, 25, of Atlanta, Georgia; and William Carl Spagnoli, 24, of Alpharetta, Georgia — with violating anti-fraud provisions of the federal securities laws.

The SEC is seeking permanent injunctive relief, conduct-based injunctions and civil penalties from all six defendants, along with disgorgement of ill-gotten gains and prejudgment interest from Arbab, Jimenez, Rahman, Shows and Spagnoli.

Without admitting or denying the allegations, Jimenez, McKinney and Shows each consented to judgments, which, subject to court approval, would permanently enjoin them from violating the charged provisions, impose injunctions on future brokerage activities and impose civil penalties. Jimenez and Shows each also consented to pay disgorgement and pre-judgment interest for their ill-gotten gains.

In some instances, Arbab's co-defendants gave Arbab their brokerage account login credentials so he could personally engage in "freeriding" using their accounts, the complaint alleges. In other instances, Arbab coached individuals in real time via text messages about how to freeride using their own accounts.

"Securities traders who seek to cheat the market with fake deposits of money to make unfunded securities transactions will be held accountable for their deception," according to Justin C. Jeffries, associate director of enforcement for the SEC's Atlanta Regional Office. "Freeriding is not a victimless scheme, as broker-dealers form an integral part of the market and are protected from fraud under the federal securities laws."

(Pictured: SEC headquarters in Washington; Photographer: Andrew Harrer/Bloomberg)

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