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Jul. 22, 2006
Copyright © Las Vegas Review-Journal


USA CAPITAL: Lender referred to FBI, SEC

Company filed for bankruptcy in April

By JOHN G. EDWARDS
REVIEW-JOURNAL

The U.S. attorney's office has asked the FBI and Securities and Exchange Commission to review facts surrounding the collapse of USA Capital, the private lender that filed for bankruptcy in April while holding $962 million in investors' money.

"We have referred the matter to the FBI and the SEC for review," Natalie Collins, a spokeswoman for the U.S. attorney's office in Nevada, said Friday.

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"We don't open investigations here," she said. Other federal agencies, such as the FBI, determine whether they want to ask the U.S. attorney's office to prosecute, she said.

FBI spokesman David Nanz said: "The FBI is reviewing the matter, and that's pretty much all we can say at this time."

Nels Mitchell, SEC associate regional director, said: "We cannot comment on whether we referred or chose to refer any investigatory matter to any criminal authority."

The SEC doesn't conduct criminal investigations, but only has civil authority in securities cases.

Collins said there is no federal criminal case pending against Connie Farris, the former owner of Global Express Capital, a private lender that a federal court shut down three years ago when it had $48 million in investor funds. She said she didn't have any information on Global Express.

The SEC persuaded U.S. District Judge Kent Dawson to sign a civil order finding fraud in the Global Express case in March and is waiting for the judge to sign a summary judgment against Global Express. The judge put Global Express into receivership three years ago.

Investors, who entrusted money with Global Express and USA Capital, have been clamoring for criminal prosecution of the former owners of the private lending firms.

Global Express and USA Capital solicited money from individuals to make short-term loans secured by real estate.

Spokesmen for the Clark County district attorney's office and Nevada attorney general either refused to comment or said they were unaware of any investigation into USA Capital or Global Express.

Fraud investigator Pete Dustin said he is not aware that any officials have asked Las Vegas police to investigate either USA Capital or Global Express, said.

"No one has requested the assistance of the Las Vegas Metropolitan Police Department," Dustin said.

Chief Deputy District Attorney Eric Jorgenson said: "I'm not aware of anything being done by our office."

If a criminal investigation were referred to the district attorney's office, "it's clearly something we would look at and consider," Jorgenson said.

Jorgenson said Nevada law allows his office to prosecute securities fraud cases when the Nevada attorney general's office declines to prosecute or when the attorney general's office refers securities fraud cases to the Clark County district attorney.

"Generally, these kinds of cases are looked at by the attorney general's office," Jorgenson said.

Gerald Gardner, chief deputy attorney general, declined to confirm or deny whether his state agency has started investigating either USA Capital or Global Express for possible criminal violations.

"We can't comment on whether there is an investigation pending or not on any case," Gardner said.

The policy protects the integrity of investigations and protects the privacy of individuals who are being investigated but are not charged with a criminal offense, he said.

"Our office generally does not enter investigations in these types of complex business cases," he said.

"We desperately need more investigative staff and prosecutors with the special expertise to prosecute these kinds of cases," he said.

The attorney general's office, however, did obtain a guilty plea to theft from David Ferradino, former owner of Interstate Mortgage Group, in 2003.

State District Judge Lee Gates put Ferradino on five years of probation and ordered him to pay $4.27 million in restitution.

Collins said the U.S. attorney's office also needs more resources, but she said federal prosecutors are not afraid of tackling complex fraud cases in Nevada.

"Corporate fraud is one of our district's top priorities," Collins said. The Nevada district ranks "white collar crime/major fraud offenses" fifth among priority categories, she said.


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