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RALEIGH-United
States Attorney George E. B. Holding announced today that a jury
in Raleigh, North Carolina convicted SCOTT B. HOLLENBECK, 53, of
Orlando, Florida and LAURINDA HOLOHAN, 63, of Concord, Ohio of conspiracy
and 12 of 14 counts charging mail fraud. BARRY C. MALONEY, 65, of
Bethesda, Maryland was acquitted on all counts. The jury returned
its verdict today following a four-week trial in federal court before
Senior United States District Judge W. Earl Britt.
Three others
had been charged and previously pled guilty in this case, United
States v. Lomas et al., 5:07-CR-117-BR: MICHAEL A. LOMAS, age unknown,
of Pasadena, California; SUSAN KNIGHT, 48, of Eastlake, Ohio; and
ARTHUR J. ANDERSON, JR., 49, of Raleigh, North Carolina. A seventh
defendant, MICHAEL L. YOUNG, 61, is a fugitive from justice and
is believed to be residing in the United Arab Emirates.
HOLLENBECK
and HOLOHAN were involved with Mobile Billboards of America, Inc.,
which purported to be a legitimate "business opportunity"
for investors seeking monthly income during retirement. In exchange
for investments in increments of $20,000, investors were promised
they would receive "guaranteed" monthly checks based on
a return of 13.49% and the return of their entire investment at
the end of seven years. Investors were told their $20,000 was used
to purchase billboards on the sides of trucks, and that advertising
revenue from those billboards was used to make the monthly payments.
In fact, Mobile
Billboards was operated as a fraudulent Ponzi scheme, where investments
by new investors were used to make payments to previous investors,
and to enrich the defendants. In September, 2004, the United States
Securities and Exchange Commission sued the company, and it was
discovered that Mobile Billboards had almost no advertising revenue
compared with the number of investments sold. Further, it was discovered
that there were no known billboards operating on the sides of trucks;
instead, thousands of unassembled billboard parts were found in
a warehouse in Brevard, North Carolina.
Approximately
$55 million was taken in through the Mobile Billboards fraud scheme;
another $16 million was taken in through a previous, related scheme
under the name "National Payphone Corporation." Investors
were solicited by a network of "sales agents"-typically
insurance agents.
Defendant HOLLENBECK
was an insurance agent and leading salesman of Mobile Billboards,
responsible for the sales of approximately $10 million of Mobile
Billboards investments, primarily in and around Kernersville, North
Carolina. HOLLENBECK received over $2 million in commissions as
the result of his sales. HOLLENBECK operated under various corporate
names, including "Webb Group" and "Franklin Asset
Exchange."
Defendant HOLOHAN
was responsible for the extensive banking transactions that made
the scheme possible. She conducted these transactions out of the
basement of her home in Newbury, Ohio.
Defendant MALONEY
served as Mobile Billboards' primary attorney.
The three defendants
who previously pled guilty-LOMAS, KNIGHT, and ANDERSON-also played
important roles in Mobile Billboards. LOMAS, who pled guilty to
mail fraud, was the leader of the scheme, and personally received
more proceeds from the crime than any other participant, including
a Manhattan apartment, a Long Beach, California penthouse, rare
collectibles, and luxury automobiles.
KNIGHT and
ANDERSON pled guilty to the conspiracy to commit mail fraud. KNIGHT
was the bookkeeper for Mobile Billboards. ANDERSON was another North
Carolina-based salesman for Mobile Billboards. ANDERSON was an insurance
agent who worked on Mobile Billboards' behalf under the corporate
names "Legacy Estate Concepts LLC" and "Arthur Anderson
Retirement Planning, Inc."
"This
sophisticated fraud scheme caused terrible harm to elderly investors
in North Carolina and elsewhere-investors who had played by the
rules during their working years and were seeking financial security
in retirement," said United States Attorney George E. B. Holding.
"Citizens must remember, if an investment seems too good to
be true, it almost certainly is."
Investigation
of the case, which is ongoing, is being conducted by the United
States Postal Inspection Service, the Federal Bureau of Investigation,
and the North Carolina Department of State, Securities Division.
Assistant United States Attorneys Clay C. Wheeler and Jason H. Cowley
handled the prosecution for the United States.
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