|
LAS VEGAS
- - One of five defendants charged in August 2003 with participating
in an elaborate corporate and securities fraud scheme in Nevada
and elsewhere, pleaded guilty today before U.S. District Judge James
C. Mahan, announced Daniel G. Bogden, United States Attorney for
the District of Nevada.
SHAWN HACKMAN, age 35, a former attorney from Las Vegas, pleaded
guilty to one count of Racketeering Conspiracy and agreed to a Criminal
Forfeiture (of property obtained through Racketeering). He is facing
up to 20 years in prison and a $250,000 fine when he appears before
Judge Mahan for sentencing at 9:00 a.m. on May 10, 2004.
On August 7, 2003, SHAWN HACKMAN and three other attorneys, Sean
Flanagan, Daniel Chapman, Herbert Jacobi, and stock transfer agent
James Farrell, were charged in a 64-count Indictment. The Indictment
alleges that between 1994 and 1999, they participated in a scheme
involving the creation and sale of fraudulent shell corporations,
commonly known in the securities industry as "box jobs."
A few of the shell corporations involved in the scheme included
Professional Mining Consultants, Inc., Dream Team International,
Inc., and K-9 Protection, Inc. These shell corporations were fraudulent
because promoters obtained hidden control of the entire supply of
the public company's securities creating a secret monopoly in which
control of the shell corporation and its stock was concealed by
the use of nominee officers, directors and shareholders. When a
company's securities are secretly "locked up" by the promoters,
it is not possible for free-market trading to take place. The promoters
are able to push stock prices up arbitrarily by simply restricting
the supply, and once the price is at the desired level, the promoters
and their associates "dump" their stock holdings on the
market causing an immediate crash of the price of the stock. The
public buyers caught in the middle lose most or all of their investment.
HACKMAN admitted in his plea agreement that, from at least July
1995 to about November 30, 2001, he and co-defendants Sean Flanagan,
Daniel Chapman, Herbert Jacobi, James Farrell, and others known
and unknown, were members of a criminal organization whose members
engaged in securities fraud, money laundering, wire fraud, mail
fraud, interstate transportation of stolen securities and receipt
and sale of stolen securities for the purpose of enriching the members
and deceiving the Securities and Exchange Commission.
In addition to the creation of shell corporations and installation
of nominee officers and directors, HACKMAN admitted that the scheme
involved among other things:
fabrication of corporate records and stock records;
mergers of the shell corporations with private companies,
formation of companies in the Bahamas to cover up the fraud;
Retaining of attorneys to issue false and misleading legal
opinions indicating that the stocks of the shell corporations were
freely tradable pursuant to federal securities laws, when in fact,
they were not.
HACKMAN also admitted that another Las Vegas resident, Peter Berney,
hired him and the other attorneys to issue false and misleading
legal opinions, caused the nominees to be installed, and arranged
for the mergers of the shell corporations with the private companies.
Investigators determined that Peter Berney and numerous other individuals
were involved in the creation and sale of over 60 boxed companies
between 1994 and 1999 for proceeds in excess of $35 million. Peter
Berney, his wife Rebecca Berney, and another Las Vegas resident,
Robert Potter, were indicted in July 2001 and charged with Money
Laundering Conspiracy. Potter pleaded guilty and the charges against
Rebecca Berney were dismissed following successful completion of
a pretrial diversion program. Court information regarding Peter
Berney is sealed.
HACKMAN is released on a personal recognizance bond pending sentencing.
Co-defendants Sean Flanagan, Daniel Chapman, Herbert Jacobi, and
James Farrell are currently scheduled for trial on June 15, 2004.
This case is being investigated by Internal Revenue Service-Criminal
Investigation and the FBI's Organized Crime Squad, and is being
prosecuted by Assistant U.S. Attorney J. Gregory Damm.
# # # #
|