Former Officers of Failed Atlanta Bank Plead Guilty to Fraud

Douglas Ballard, 40, pleaded guilty July 6 in federal district court to one count of conspiracy to commit bank fraud and to receive bribes, and to one count of tax evasion; and Joseph Todd Foster, 42, pleaded guilty to securities fraud. Ballard and Foster, both of Atlanta, were senior vice presidents of Integrity Bank, a $1 billion financial institution that failed and was taken over by the Federal Deposit Insurance Corporation (FDIC) in August 2008.

“Among the roots of our nation’s financial crisis were criminal acts by bank insiders and major borrowers that contributed to the failures or bailouts of financial institutions previously believed to be secure,” said U.S. Attorney Sally Quillian Yates. “Today we announce that two of these corrupt insiders here in Atlanta will be trading in their corporate offices for federal prison.”

“Those who line their pockets with profits of bank fraud schemes should know they will not go undetected and they will be held accountable,” said Internal Revenue Service (IRS)-Criminal Investigation Special Agent in Charge Reginael McDaniel. “IRS-Criminal Investigation is proud to be part of the law enforcement dragnet bringing these individuals to justice.”

According to U.S. Attorney Yates, the charges and other information presented in court: Ballard, Integrity Bank’s former executive vice president in charge of lending, admitted that he conspired with the bank’s major customer, co-defendant Guy Mitchell, to receive bribes from Mitchell and to assist Mitchell in receiving millions in loan draws under false pretenses. Ballard admitted in court to receiving over $200,000 in cash and other corrupt payments from Mitchell in exchange for Ballard’s assistance in distributing millions of loan draws. During this same time, Ballard caused Integrity Bank to distribute nearly $20 million in loan proceeds to Mitchell’s personal account, much of which was allegedly used for Mitchell’s personal consumption (including the purchase of a private island in the Bahamas). Mitchell requested and Ballard paid nearly $7 million of these draws out of a construction loan relating specifically to supposed construction and renovation at the “Casa Madrona,” a luxury hotel owned by Mitchell in Sausalito, Calif. The indictment alleges that none of this money was used for construction, and in fact no renovations had occurred.

Foster, Integrity’s former vice president in charge of risk management, pleaded guilty to charges that he committed securities fraud by way of what is commonly referred to as “insider trading.” Specifically, he admitted to having sold nearly all his shares of Integrity’s stock on the basis of material adverse information about the company of which Foster was aware by virtue of his inside position, but of which the public was generally unaware. Specifically, Foster dumped his shares of Integrity stock based on his knowledge that the bank was facing an increasingly substantial but undisclosed risk that its major customer, Mitchell, would default on over $80 million in outstanding loans.

Ballard was indicted in April 2010 on more than 20 counts of bank fraud, receipt of bribes, securities fraud, evasion of currency reporting requirements, and conspiracy. He pleaded guilty to conspiracy and one additional new count of tax evasion. He could receive a maximum sentence of up to 10 years in prison and a fine of up to $500,000. Foster, also indicted in April 2010, was indicted on two counts of securities fraud and today pleaded guilty to one count. He could receive up to 20 years in prison and a fine of up to $5 million. A date for sentencing has not yet been set before U.S. District Judge Julie E. Carnes.

This case is being investigated by Special Agents of the FBI, FDIC-Office of the Inspector General, and the IRS as part of President Barack Obama’s Financial Fraud Enforcement Task Force. The investigation remains ongoing as to other potential misconduct relating to the failure of this major Atlanta bank. Both defendants have agreed to cooperate in that ongoing investigation.

President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

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Former Georgia Attorney Sentenced to Prison for Multi-Million Dollar Real Estate Ponzi Scheme

STEVEN H. BALLARD, 53, of McDonough, Georgia, was sentenced November 5 by United States District Judge Thomas W. Thrash, Jr. to serve over five years in federal prison on a wire fraud charge involving a real estate investment scam that lasted over five years and defrauded a dozen victims in Georgia, Florida and Tennessee.

Clayton County District Attorney Tracy Graham Lawson said, “I am gratified that the U.S. Attorney’s Office was able to present the losses of so many victims to the Court, and thereby obtain justice for those who relied on this former attorney and his ‘legal’ papers. In Clayton County alone, our victims lost over $200,000, but there were more victims spread well beyond our county limits which were included in this federal prosecution.”

BALLARD was sentenced to five years, three months in prison to be followed by three years supervised release, and ordered to pay approximately $1.13 million in restitution to scheme victims. There is no parole in the federal system. BALLARD pleaded guilty to the charge on July 9, 2009.

According to Acting United States Attorney Yates and the information presented in court: From September 2002 through May 2006, BALLARD, a former McDonough-based real estate and business law attorney, operated a fraudulent real estate investment scam, commonly known as a “Ponzi” scheme. During the time of scheme he collected over $2 million from investors in Georgia, Florida, and Tennessee. In Georgia alone, he solicited funds from victims in Duluth, Dunwoody, Fayetteville, Jackson, Jonesboro, Newnan, Palmetto, Peachtree City, and Whitesburg. BALLARD falsely promised “lucrative” real estate and other investments which never took place, often preparing HUD-1 Settlement Statements, Warranty Deeds and Sales Contracts to reflect non-existent property purchases while using a portion of the scheme proceeds to repay former victim-investors and clients whose cases he had mishandled. BALLARD made reimbursements to victims only if they detected the scheme. All repayments were funded with money from new victim-investors.

BALLARD’s law license was suspended by the State Bar of Georgia in September 2005, and he was disbarred in May 2006.

This case was investigated by Special Agents of the Federal Bureau of Investigation and the Clayton County District Attorney’s Office, assisted by the Henry County Police Department and the Peachtree City Police Department.

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Former Georgia Attorney Pleads Guilty to Multi-Million Dollar Real Estate Ponzi Scheme

STEVEN H. BALLARD, 53, of McDonough, Georgia pleaded guilty today in federal district court to committing a real estate investment scam that lasted over five and a half years and defrauded over a dozen victims in Georgia, Florida and Tennessee.

United States Attorney David E. Nahmias said, “Real estate investors in three states relied on this defendant, who was the attorney in control of their escrowed funds, to use their money to purchase properties and make investments as he represented he would. Instead, he repaid prior investors and diverted funds for his personal benefit. For that criminal violation of trust, he will soon face a prison sentence.”

Clayton County District Attorney Tracy Lawson said of the plea, “I am gratified that the U.S. Attorney’s Office pulled together the many victims in this fraud case. In Clayton County alone, our victims lost over $200,000, but there were more victims spread out well beyond our county limits, and now the federal prosecution and this plea addresses the justice that these victims deserve.”

According to United States Attorney Nahmias and the information presented in court: BALLARD, a former real estate and business law attorney based in McDonough, operated a fraudulent real estate investment scam, commonly known as a “Ponzi” scheme. From September 2002 through May 2006, he collected over $2 million dollars. In Georgia alone, he solicited funds from investors in Duluth, Dunwoody, Fayetteville, Jackson, Jonesboro, Newnan, Palmetto, Peachtree City, and Whitesburg. BALLARD also solicited funds from victims in Florida and Tennessee. He told the victims that he was making “lucrative” real estate and other investments which were not actually transacted. He often used bogus HUD-1 Settlement Statements, Warranty Deeds and Sales Contracts to reflect non-existent property purchases, while using a portion of the scheme proceeds to repay former victim investors. The repayments included their principal plus substantial “returns” often exceeding 50% of the initial investment, but those repayments were all funded with money from new victim investors. BALLARD’s law license was suspended by the State Bar of Georgia in September 2005, and he was disbarred in May 2006.

BALLARD was charged in a Criminal Information in June 2009 with one count of wire fraud, which encompasses the entirety of his five and a half year scheme. He pleaded guilty to that charge today. He could receive a maximum sentence of 20 years in prison and a fine of up to $250,000, plus full restitution to all victims who have not been repaid to date. Sentencing is scheduled for September 29, 2009, at 10 a.m., before United States District Judge Thomas W. Thrash, Jr. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. There is no parole in the federal system.

This case is being investigated by Special Agents of the Federal Bureau of Investigation and the Clayton County District Attorney’s Office, assisted by the Henry County Police Department and the Peachtree City Police Department.

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