Date: 08-30-2024

Case Style:

United States of America v. Thomas Demergian

Case Number:

Judge: William M. Conley

Court: The United States District Court for the Western District of Wisconsin

Plaintiff's Attorney: The United States Attorney’s Office for Madison

Defendant's Attorney:

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Description:

Madison, Wisconsin criminal defense lawyer represented the Defendant charged with Wire Fraud and Tax Evasion
Madison Investment Advisor Sentenced to 4 ½ Years for Wire Fraud and Tax Evasion

Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Thomas Demergian, 63, Madison, Wisconsin, was sentenced yesterday by U.S. District Judge William M. Conley to 4 ½ years in federal prison for wire fraud and evading federal taxes. Demergian pleaded guilty to the charges on April 4, 2024. He was also ordered to pay restitution. Demergian will begin serving his prison term in September.

Beginning in 2000, Demergian convinced certain clients to invest money with him through “IRT Company.” He falsely told clients that he would invest their money with real estate trusts and mutual funds. In reality, once clients sent their money to Demergian, he diverted those funds to a bank account in his own name and spent the funds for his own use.

Demergian met with clients annually and provided them with fictitious Investment Portfolio Summary sheets reflecting positive growth. When clients asked him to liquate their investments, Demergian told clients that such a decision was imprudent or provide other untrue reasons why their requests could not be completed.

The fraud scheme was discovered in 2023 when a client’s family member began asking questions about the investments. Law enforcement agents eventually identified many victims who lost, in total, approximately $1.8 million. A financial investigation revealed that Demergian had used his clients’ investment funds for gambling, travel, cars, collectibles, and other personal expenses.

From 2017 to 2022, Demergian underreported his income on his tax returns by failing to disclose over $400,000 in illegally obtained income, thereby evading $104,779 in tax obligations.

As sentencing, Judge Conley said, “in terms of white-collar crime, this is the worst” because Demergian “cynically targeted elderly and vulnerable victims, many of whom he had also befriended.” Given the lengthy nature of the conduct, the amount of money stolen, and the tremendous breach of trust, Judge Conley determined that a significant sentence was warranted. Judge Conley did credit Demergian for ultimately helping investigators identify the total losses, but also noted that Demergian only did so after he knew he had already been “found out.”

The charges against Demergian were the result of an investigation conducted by IRS Criminal Investigation, U.S. Department of Labor Employee Benefits Security Administration, and the Madison Police Department with assistance provided by the Wisconsin Department of Financial Institutions, Division of Securities. Assistant U.S. Attorney Meredith Duchemin handled the prosecution.

Outcome:

Defendant was found guilty and sentenced to 4 ½ years in federal prison. He was also ordered to pay restitution.

Plaintiff's Experts:

Defendant's Experts:

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