Barred financial planner, pastor busted for selling bogus bonds to elderly

Gregory Smith and Kirbyjon Caldwell face criminal and civil charges
MAR 30, 2018

A Shreveport, La., financial planner and a Houston pastor are facing both criminal and civil charges for allegedly running a scheme that bilked $3.4 million from at least 29 mostly elderly investors by selling them interests in "pre-Revolutionary Chinese bonds," which have not had any investment value for nearly 70 years. A federal grand jury indictment announced Thursday along with a complaint by the Securities and Exchange Commission identify Gregory Alan Smith, the operator and manager of Smith Financial Group, and Kirbyjon Caldwell, pastor at Windsor Village United Methodist Church, as defendants in the scheme that took place in 2013 and 2014. The complaint alleges that the defendants "targeted vulnerable and elderly investors with false assurances that the bonds — collectable memorabilia with no meaningful investment value — were worth millions of dollars." The SEC identifies Mr. Caldwell as a "self-proclaimed financial planner who the Financial Industry Regulatory Authority has barred from the broker-dealer business since 2010." According to the complaint, some of the investors liquidated their annuities to invest in the scheme. Meanwhile, the defendants allegedly took approximately $1.8 million of investor funds to pay personal expenses. "Our laws do not tolerate materially misleading statements to exploit vulnerable investors who, in this case, looked up to a prominent pastor," Eric Bustillo, director of the SEC's Miami Regional Office, said in a statement. "Caldwell took advantage of his victims, encouraging them to remain faithful even as he and Smith broke that faith, stealing from elderly investors in an outright fraud," Mr. Bustillo added. According to the indictment from the Western District of Louisiana's U.S. Attorneys Office, the bonds that were sold to unwitting investors were issued by the former Republic of China prior to losing power to the communist government in 1949. They are not recognized by China's current government and have no investment value, the indictment states. Mr. Smith, 55, and Mr. Caldwell, 64, neither of whom responded to request for comment for this story, allegedly promised "high rates of returns, sometimes three to 15 times the value of the investments." In the criminal case, the defendants are charged with one count of conspiracy to commit wire fraud, six counts of wire fraud, one count of conspiracy to commit money laundering and three counts of money laundering. The wire fraud charges could carry a 20-year prison sentence, and the money laundering charges could carry a 10-year prison sentence. The defendants also face a $1 million fine, restitution, forfeiture and five years of supervised release. David Chase, a former SEC enforcement counsel in the Miami regional office, described the scheme as a "classic investment fraud, by making overinflated claims about returns." "This is over the top, because these individuals apparently used their positions of authority" to influence investors, Mr. Chase said. "This is another example of how mom-and-pop investors will turn a blind eye on blind faith and become trusting of individuals and what they are peddling."

Latest News

Florida investor hits real estate syndicator with fraud suit over $750K
Florida investor hits real estate syndicator with fraud suit over $750K

Six apartment deals, one "big account," and $2.7M in undocumented insider loans. Now the lawsuit lands

Chicago’s 'Mr. Finance' posed as advisor in loan scheme, according to Illinois regulators
Chicago’s 'Mr. Finance' posed as advisor in loan scheme, according to Illinois regulators

The Illinois order refers to Brandon Ellington’s investment program as a “Ponzi-like scheme.”

Bezos calls for zero income tax on bottom half of earners
Bezos calls for zero income tax on bottom half of earners

But the Amazon executive chair seems to want it both ways, arguing that taxing the ultra-wealthy won't help struggling Americans.

Why the Charity Parity Act matters for retired clients in 401(k)s
Why the Charity Parity Act matters for retired clients in 401(k)s

Northern Trust planning leader sees the bill extending qualified charitable distributions to employer plans as a potential positive step — but advisors shouldn't overlook bigger holes in the strategy.

Trust is built before volatility arrives
Trust is built before volatility arrives

Markets will always create reasons for investors to worry. The advisor’s role is not to predict uncertainty, but to help clients understand why volatility should not derail a well-built financial plan.

SPONSORED Beyond wealth management: Why the future of advice is becoming more human

As technical expertise becomes increasingly commoditized, advisors who can integrate strategy, relationships, and specialized expertise into a cohesive client experience will define the next era of wealth management

SPONSORED Durability over scale: What actually defines a great advisory firm

Growth may get the headlines, but in my experience, longevity is earned through structure, culture, and discipline