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Date: 04-20-2019
Case Style:
United States of America v. Brian A. Oliver
Case Number: 3:19-cr-00132-MO
Judge:
Court: United States District Court for the District of Oregon (Multnomah County)
Plaintiff's Attorney: Scott E. Bradford and Ryan W. Bounds
Defendant's Attorney: Kendra M. Matthews and Whitney Patrick Boise
Description:
Portland, OR - Former Aequitas Owner and Executive Vice President Pleads Guilty in Fraud and Money Laundering Conspiracy
Criminal conspiracy could have cost investors more than $600 million
Brian A. Oliver, a former owner and executive vice president of Aequitas Management, LLC and several other Aequitas-related companies pleaded guilty to conspiring to commit mail and wire fraud and money laundering.
According to court documents, Oliver, 54, of Aurora, Oregon, and unnamed co-conspirators used the Lake Oswego, Oregon, based company to solicit investments in a variety of notes and funds, many of which were purportedly backed by trade receivables in education, health care, transportation, and other consumer credit areas. Oliver was the company’s primary fundraiser and shared responsibility for the operation and management of Aequitas-affiliated companies and investment products as well as for the use of investor money.
From June 2014 through February 2016, Oliver and others solicited investors by misrepresenting the company’s use of investor money, the financial health and strength of Aequitas and its related companies, and the risks associated with its investments and investment strategies. Oliver and his co-conspirators also failed to disclose other critical facts about the company, including its near-constant liquidity and cash-flow crises, the use investor money to repay other investors and to defray operating expenses, and the lack of collateral to secure funds.
Oliver faces a maximum sentence of 30 years in prison, a $250,000 fine or twice the gross monetary gains or losses resulting from his crimes, and three years’ supervised release. He will be sentenced on August 5, 2019 before U.S. District Court Judge Michael W. Mosman.
As part of the plea agreement, Oliver has agreed to pay restitution in full to each of victim’s as determined and ordered by the court.
This case is being investigated by the FBI, IRS Criminal Investigation, and the U.S. Department of Labor Employee Benefits Security Administration.
Charges:
18:1341 and 18:1343 CONSPIRACY TO COMMIT MAIL AND WIRE FRAUD
(1)
18:1957 CONSPIRACY TO COMMIT MONEY LAUNDERING
(2)
Outcome: 04/19/2019 9 Order Setting Conditions of Release as to Defendant Brian A. Oliver. Signed on 4/19/19 by Magistrate Judge Stacie F. Beckerman. (chso). (Entered: 04/19/2019)
04/19/2019 10 Minutes of Proceedings: First Appearance on Information and Arraignment held before Magistrate Judge Stacie F. Beckerman as to Defendant Brian A. Oliver on 4/19/2019. ORDER granting the Government's oral motion to unseal the case. Arraignment held for Defendant Brian A. Oliver on Counts 1 and 2 of the Information. Defendant advised of rights. Waiver of indictment signed and accepted by the Court. Defendant waived reading of the Information. Defendant proceeds as named. Not guilty pleas and denial of forfeiture allegation entered. The Government does not seek detention and Defendant is released on conditions. (See separate order.) Counsel Present for the Government: Scott E. Bradford and Ryan W. Bounds. Counsel Present for Defendant: Whitney Patrick Boise and Kendra M. Matthews. (Tape #FTR-9B) (gw) (Entered: 04/19/2019)
04/19/2019 11 Waiver of Indictment by Brian A. Oliver (schm) (Entered: 04/19/2019)
04/19/2019 12 Minutes of Proceedings: Entry of Plea Hearing held before Judge Michael W. Mosman for Defendant Brian A. Oliver. Defendant sworn and examined. Defendant advised of rights. Plea Petition and Plea Agreement signed and accepted by the Court. Government summarized charges and terms of plea agreement. Court finds defendant capable and competent to enter plea. Guilty pleas entered as to Counts 1 and 2 of the Information. Court finds guilty pleas to be knowing and voluntary. ORDER Presentence Report to be prepared by U.S. Probation. ORDER Defendant released on previous conditions. Sentencing is set for 8/5/2019 at 9:00AM in Portland before Judge Michael W. Mosman. Sentencing materials are due no later than 7/31/2019. If the sentencing materials are not received on time or the Court is not advised that none will be filed, the sentencing may be rescheduled. Counsel Present for Plaintiff: Scott Bradford, Ryan Bounds. Counsel Present for Defendant: Whitney Boise, Kendra Matthews. (Court Reporter Ryan White) (kms) (Entered: 04/19/2019)
04/19/2019 13 Plea Agreement as to Brian A. Oliver (kms) (Entered: 04/19/2019)
04/19/2019 14 Plea Petition and Order Entering Plea as to Defendant Brian A. Oliver. Signed on 4/19/2019 by Judge Michael W. Mosman. (kms) (Entered: 04/19/2019)
Plaintiff's Experts:
Defendant's Experts:
Comments: