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‘Ponzi-like’ scheme scammed immigrants, feds say. South Florida a hotbed of ‘affinity fraud’
It seemed like a preposterous investment opportunity, promising returns of 12.5% to 325% throughout the coronavirus pandemic.
But some 1,500 investors — mostly Haitian Americans in South Florida and others from Haiti, Canada and India — fell for the Broward County trucking company’s too-good-to-be-true sales pitch, U.S. authorities say.
The investors will now be lucky to recover dimes on the dollar, according to authorities. Federal authorities recently filed a criminal indictment and a civil complaint against the Coral Springs owner, Sanjay Singh, and his company, Royal Bengal Logistics Inc., alleging a conspiracy to raise $112 million from investors by using new ones to pay off old ones in a “Ponzi-like” scheme involving fraudulent wire transfers and securities violations.
In court papers, Singh, 43, is accused of misappropriating at least $14 million from investors for himself and diverting another $19 million of their funds into personal brokerage accounts that lost money. He was granted a $1 million bond after his arrest last week, and is scheduled for arraignment in Fort Lauderdale federal court Friday on conspiracy and wire fraud charges. Singh could not be reached for comment, and his criminal defense lawyers did not return phone and email messages for comment.
In a separate Securities and Exchange Commission civil complaint, Singh and his company are accused of fraudulently raising money from investors through unregistered securities and related violations.
‘Affinity fraud’ cons target immigrants
For decades, South Florida has been known as the nation’s con capital for its healthcare, income-tax and credit-card scams — not to mention high-end Ponzi schemes orchestrated by such notorious figures as Wall Street financier Bernard Madoff and Fort Lauderdale Scott Rothstein.But the region has also become home to “affinity fraud,” authorities say, where investment schemers prey on unsuspecting immigrants and other minorities who tend to trust the perpetrators because they either know them or someone else who vouches for them. The Haitian American community has been hit particularly hard, but so have immigrants from Cuba, Colombia and Venezuela. Even the African-American and LGBTQ communities have been targets of affinity fraud.
“People automatically assume that because they are part of your community, whether it be a church, school or business, that it gives them an air of legitimacy,” said Eric Bustillo, director of the Securities and Exchange Commission’s Miami Regional Office. “They pull on these heritage strings that make investors want to invest with them.”
The SEC’s Miami office, through its Fraud Against Minority Groups Initiative, has become more vigilant about educating immigrant communities and others about affinity fraud and financial literacy over the past year. Nationwide, the SEC regularly issues an Investor Alert to warn immigrant communities in Florida, New York and other big states that they “should avoid investment decisions based solely on common ties with someone recommending or selling the investment.” The agency, which was formed during the Great Depression to regulate the securities industry, also conducts educational courses at schools, churches and other locations to inform immigrants about the perils of “affinity” investments.
“Just because someone is from your backyard, that doesn’t mean they’re offering you something that is not a fraudulent investment,” Bustillo told the Miami Herald. “You should still do your due diligence, your research, ask about the product, ask about the investment, ask if the investment broker is registered with the SEC, and ask if the product is registered with the SEC.”
“As the old adage goes, if it looks too good to be true, it probably is,” he added.
A string of fraud cases
While the SEC’s latest affinity-fraud case stands out for the size of the alleged Ponzi-like scheme and number of investors, the agency has pursued about a dozen similar enforcement actions over the past decade.A year ago, for example, a Miami payday loan business was ordered to pay more than $39 million to hundreds of Venezuelan Americans in South Florida who lost a chunk of their money after investing in the company, according to a federal judge’s order. Sky Group USA, LLC, agreed to the final judgment with the Securities and Exchange Commission without admitting or denying violations of federal laws. Under similar settlement terms, Efrain Betancourt Jr., the CEO of Sky Group, also agreed to pay more than $6 million towards the total penalty. Betancourt, however, was not charged criminally.
Allegations of misleading investors
In Singh’s case, he is accused of conspiring with other employees, including Haitian Americans, at Royal Bengal to offer high-yield investments, promising investors that he would use their money to expand operations and increase the company’s purported fleet of 200 semi-trucks and trailers. Singh assured investors that his company was generating $650,000 to $1 million a month in revenue between 2019 and 2023 — and that their investments were safe and growing in value, according to court records