Barred Broker Accused of Bilking Gold Star Families as Army Counselor

News July 07, 2023 at 03:19 PM
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A former broker who served as a financial counselor with the U.S. Army and was a major in the U.S. Army Reserve, has been indicted by the Justice Department for allegedly defrauding two dozen Gold Star families, according to Philip R. Sellinger, U.S. attorney for the District of New Jersey, and court documents.

In addition, the firm he most recently worked with has been expelled by the Financial Industry Regulatory authority for violations of Regulation Best Interest.

Caz Craffy (aka "Carz Craffey") of Colts Neck, New Jersey, was charged with six counts of wire fraud and one count each of securities fraud, making false statements in a loan application, committing acts furthering a personal financial interest, and making false statements to a federal agency.

According to documents filed in the case and statements made in court, from May 2018 to November 2022, Craffy obtained nearly $10 million from Gold Star families to invest in accounts he managed in his private capacity. Once in control of their money, Craffy repeatedly executed trades, often without the family's authorization.

For Craffy, 41, the unauthorized trades resulted in high commissions. During the timeframe of the alleged scheme, the accounts of the Gold Star families lost roughly $3.6 million, while Craffy personally earned more than $1.4 million in commissions, drawn from the family accounts.

"Stealing from Gold Star families whose loved ones made the ultimate sacrifice in service to our nation is a shameful crime," Attorney General Merrick B. Garland said in a statement.

Craffy — permanently prohibited from association with any member of FINRA in December — was scheduled to make his initial appearance on Friday before Tonianne J. Bongiovanni, U.S. Magistrate Judge, at the Trenton Federal Courthouse.

Gold Star Families

When a member of the U.S. Armed Services dies during active duty, their surviving beneficiary, now a member of a Gold Star family, is entitled to a $100,000 death gratuity and the soldier's life insurance of up to $400,000.

These payments are typically disbursed in a few weeks or months following the servicemember's death. To assist the beneficiaries in this time of need, the military provides several services to the servicemember's family, including the assistance of a financial counselor.

From November 2017 to January 2023, Craffy was a civilian employee of the Army, working as a financial counselor with the Casualty Assistance Office. He was also a major in the Army Reserve, where he has been enlisted since 2003.

Craffy was responsible for providing general financial education to surviving beneficiaries and was prohibited from offering any personal opinions regarding benefits decisions, according to Sellinger.

He was not permitted to participate personally in any government matter in which he had an outside financial interest, Sellinger noted.

But, without informing the Army, Craffy simultaneously maintained outside employment with two separate financial investment firms: Newbridge Securities and then Monmouth Capital Management, according to his report on FINRA's BrokerCheck website.

Craffy used his position as an Army financial counselor to identify and target Gold Star families and other military families, Sellinger said. He encouraged the families to invest their survivor benefits in investment accounts he managed in his outside, private employment.

Based on Craffy's false representations and omissions, the vast majority of the Gold Star families mistakenly believed that Craffy's management of their money was done on behalf of and with the Army's authorization.

The wire fraud and securities fraud charges he now faces are each punishable by a maximum of 20 years in prison, according to Sellinger. The charge of submitting a false statement on a loan application is punishable by up to two years in prison.

The charges of acts affecting a personal interest and false statements to a federal agent are each punishable by five years in prison. All counts except the securities fraud count are also punishable by a maximum fine of either $250,000 or twice the gain or loss from the offense, whichever is greater, according to Sellinger.

The securities fraud count is punishable by a maximum fine of either $5 million or twice the gain or loss from the offense, whichever is greater.

In a statement, Garland added: "As alleged in the indictment, the defendant in this case used his position as an Army financial counselor to defraud Gold Star families, steal their money, and enrich himself. Predatory conduct that targets the families of fallen American service members will be met with the full force of the Justice Department."

FINRA Expulsion

Separately Friday, FINRA said it expelled Monmouth Capital Management, Craffy's broker-dealer from early 2021 to late 2022, for "churning and excessively trading customer accounts in violation of Regulation Best Interest, failing to supervise its representatives, and providing false and misleading disclosures … on its client relationship summary." FINRA says Monmouth is the second firm expelled over Reg BI violations.

"Monmouth abdicated its responsibility to reasonably supervise its representatives' trading, resulting in substantial harm to customers, including Gold Star families," said Christopher J. Kelly, acting head of FINRA's Department of Enforcement, in a statement.

From August 2020 to February 2023, Monmouth and its six representatives "excessively traded 110 accounts, 42 of which were also churned," causing clients to incur about $3.9 million in commissions and trading costs and "to suffer substantial losses," FINRA explained.

For instance, in an account opened for the benefit of a 13-year-old child — funded by Servicemembers' Group Life Insurance payments and with average monthly holdings of roughly $150,000 — Monmouth reps bought over $1.9 million in securities in the account over 20 months, generating nearly $80,000 in commissions and trading costs.

SEC Complaint

The Securities and Exchange Commission filed a civil complaint against Craffy on Friday.

According to the SEC's complaint, during the 54-month span of his actions, Craffy's clients incurred over $1.64 million in commissions and fees, most of which Craffy pocketed, while the accounts he managed suffered about $1.8 million in realized losses and faced additional unrealized losses of approximately $1.8 million.

In one especially egregious offense, Craffy misappropriated $50,000 from the IRA account of a minor child whose parent died on active duty, according to the SEC.

The SEC's complaint, also filed in U.S. District Court for the District of New Jersey, charged Craffy with violating the antifraud provisions of the federal securities laws and Regulation Best Interest.

The SEC is seeking permanent injunctions, disgorgement of allegedly ill-gotten gains, plus interest, and civil penalties.

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