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USA v. C. Keith LaMonda, Jesse W. LaMonda, and John L. Maynard (07/13/05)
o GUILTY March 7, 2007, after more than 80 days in trial and 8 days jury deliberation. Keith released on $1 million bail, Jesse released on $100 thousand bail, their former partner, while their ex-lawyer and partner John Maynard, remained free on $50 thousand bail.
o Sentencing scheduled for July 10, 2007. The LaMonda brothers, who defrauded thousands of investors through their Florida company, Accelerated Benefits Corp., and their Texas company, ABC Viaticals, face possible life sentences.
o Read the original Indictment and the Superseding Indictment.
http://www.law360.com/articles/178254/fraud-convictions-upheld-for-life-settlement-co-execs
Fraud Convictions Upheld For Life Settlement Co. Execs
Law360, New York (June 30, 2010, 4:39 PM ET) -- A federal appeals court has affirmed the convictions and sentences of two former executives at life settlement company Accelerated Benefits Corp. and a disbarred attorney who were accused of defrauding investors who gave them money to buy interests in life insurance policy death benefits from elderly and ill people.
The U.S. Court of Appeals for the Eleventh Circuit issued an opinion Monday upholding the convictions of former Accelerated Benefits CEO C. Keith LaMonda, his brother and former Accelerated Benefits President Jesse LaMonda, and former attorney John L. Maynard.
In their appeal, the defendants argued that the U.S. District Court or the Middle District of Florida was mistaken in its decisions to toss the defendants' suppression motions, to limit their cross-examination of government witnesses and to deny their request for jury instructions, among other issues. Attorneys for Jesse LaMonda argued that “the government unfairly criminalized conduct involving merely bad business judgment,” according to the opinion.
But the three-judge panel ruled that the trial court did an admirable job of handling the case, and the alleged trial imperfections "were harmless as to the outcome beyond a reasonable doubt.”
Christopher Pace, an attorney with Dempsey & Associates PA who represented C. Keith LaMonda before the Eleventh Circuit, said on Wednesday he was disappointed by the appeal court's decision.
The LaMonda brothers and Maynard were found guilty by a jury in the trial court in March 2007. In December 2007, Keith was sentenced to 20 years imprisonment. Jesse got 13 years and four months, while Maynard got 10 years, according to the U.S. Attorney's Officefor the Middle District of Florida.
The LaMondas were also ordered to pay $88 million in restitution — the total amount investors allegedly lost — while Maynard was ordered cough up $52 million in restitution, the U.S. attorney's office said at the time.
The three men raked in millions from their scheme, which involved a series of misrepresentations about the safety and security of investments in viatical and life settlements that fraudulently induced investors to buy in, prosecutors alleged.
Viatical or life settlements involve an investor buying a stake in an elderly or infirm person's life insurance policy death benefit for a lump-sum cash payment.
The defendants put out false and misleading marketing materials that promised that the policies sold by Accelerated Benefits were safe and secure investments because doctors independently ascertained how long the insured people would live. However, individuals at Accelerated Benefits dictated life expectancy determinations to one of Accelerated Benefits' doctors, according to the U.S. attorney's office.
The defendants also promised to pay premiums on the policies until they matured and said the money to do so would be set aside in an account maintained by an independent trustee, but that allegedly wasn't the case.
Keith LaMonda and Maynard siphoned off $1.2 million from the premium reserve account to invest in an oil and gas venture that went belly-up, which in turn resulted in Accelerated Benefits being unable to pay all of the necessary premiums and causing the lapse of a $9.5 million life insurance policy, according to the U.S. attorney's office.
A spokesman for the U.S. attorney's office was not immediately available to discuss the case on Wednesday.
Circuit Judges J.L. Edmonson and Rosemary Barkett and District Judge Jane R. Roth, sitting by designation from the Third Circuit, decided the appeal.
C. Keith LaMonda is represented before the appeals court by Dempsey & Associates PA.
Jesse LaMonda is represented by Carlton Fields PA.
Maynard is represented by Law Office of Elaine J. Mittleman.
The case is U.S. v. LaMonda et al., case number 08-10117, in the U.S. Court of Appeals for the Eleventh Circuit.
The U.S. Court of Appeals for the Eleventh Circuit issued an opinion Monday upholding the convictions of former Accelerated Benefits CEO C. Keith LaMonda, his brother and former Accelerated Benefits President Jesse LaMonda, and former attorney John L. Maynard.
In their appeal, the defendants argued that the U.S. District Court or the Middle District of Florida was mistaken in its decisions to toss the defendants' suppression motions, to limit their cross-examination of government witnesses and to deny their request for jury instructions, among other issues. Attorneys for Jesse LaMonda argued that “the government unfairly criminalized conduct involving merely bad business judgment,” according to the opinion.
But the three-judge panel ruled that the trial court did an admirable job of handling the case, and the alleged trial imperfections "were harmless as to the outcome beyond a reasonable doubt.”
Christopher Pace, an attorney with Dempsey & Associates PA who represented C. Keith LaMonda before the Eleventh Circuit, said on Wednesday he was disappointed by the appeal court's decision.
The LaMonda brothers and Maynard were found guilty by a jury in the trial court in March 2007. In December 2007, Keith was sentenced to 20 years imprisonment. Jesse got 13 years and four months, while Maynard got 10 years, according to the U.S. Attorney's Officefor the Middle District of Florida.
The LaMondas were also ordered to pay $88 million in restitution — the total amount investors allegedly lost — while Maynard was ordered cough up $52 million in restitution, the U.S. attorney's office said at the time.
The three men raked in millions from their scheme, which involved a series of misrepresentations about the safety and security of investments in viatical and life settlements that fraudulently induced investors to buy in, prosecutors alleged.
Viatical or life settlements involve an investor buying a stake in an elderly or infirm person's life insurance policy death benefit for a lump-sum cash payment.
The defendants put out false and misleading marketing materials that promised that the policies sold by Accelerated Benefits were safe and secure investments because doctors independently ascertained how long the insured people would live. However, individuals at Accelerated Benefits dictated life expectancy determinations to one of Accelerated Benefits' doctors, according to the U.S. attorney's office.
The defendants also promised to pay premiums on the policies until they matured and said the money to do so would be set aside in an account maintained by an independent trustee, but that allegedly wasn't the case.
Keith LaMonda and Maynard siphoned off $1.2 million from the premium reserve account to invest in an oil and gas venture that went belly-up, which in turn resulted in Accelerated Benefits being unable to pay all of the necessary premiums and causing the lapse of a $9.5 million life insurance policy, according to the U.S. attorney's office.
A spokesman for the U.S. attorney's office was not immediately available to discuss the case on Wednesday.
Circuit Judges J.L. Edmonson and Rosemary Barkett and District Judge Jane R. Roth, sitting by designation from the Third Circuit, decided the appeal.
C. Keith LaMonda is represented before the appeals court by Dempsey & Associates PA.
Jesse LaMonda is represented by Carlton Fields PA.
Maynard is represented by Law Office of Elaine J. Mittleman.
The case is U.S. v. LaMonda et al., case number 08-10117, in the U.S. Court of Appeals for the Eleventh Circuit.
wolfblitzzer0: Chocomuseo,Granada Hotel Spa Nicaragua,Equalnet ...
wolfblitzzer0.blogspot.com/2014/02/chocomuseogranada-hotel-spa.html
1999 complaint to federal Securities and Exchange - Laser Radio
www.laserradio.com/sec.txt
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Topic: ABC Viaticals, Inc., C. Keith LaMonda and Jesse W. LaMonda ...
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ABC Viaticals, Inc., C. Keith LaMonda and Jesse W. LaMonda Jr ...
https://www.sec.gov/litigation/.../lr20035.htm
U.S. Securities and Excha...
Fraud Convictions Upheld For Life Settlement Co. Execs - Law360
www.law360.com/.../fraud-convictions-upheld-for-life-settlemen...
Law360
Fraud Convictions Viatical & Life Settlements Information
accidentalfelon.net/viatical2/info-for-investors/fraud-convictions/
Accelerated Benefits Corp. (aka ABC Viatical) Viatical & Life ...
accidentalfelon.net/...fraud/.../accelerated-benefits-corp-aka-abc-viatical/
- [PDF]
USA v. C. Keith Lamonda - Court of Appeals - 11th Circuit
www.ca11.uscourts.gov/unpub/ops/200810117.pdf
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FBI — FBI's Top Ten News Stories
Guest Blog Post by Gloria Grening Wolk MSW | Public Participation ...
www.anti-slapp.org/recent/guest-blog-post-by-gloria-grening-wolk-msw/
sheeting,” .... to twenty years (C. Keith LaMonda) and thirteen years (Jesse LaMonda). ... I think Kane called the company a “scam” and a “fraud”.
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