Wednesday, August 15, 2012

Sniffen Scratched

The Maryland Court of Appeals has accepted the consent to disbarment of attorney Kevin Sniffen.

The United States Attorney's Office described his criminal plea:

Baltimore, Maryland - Kevin Sniffen, age 50, of Phoenix, Maryland, an attorney licensed in Maryland, pleaded guilty today to conspiring to commit wire fraud arising from an investment fraud scheme.

 The plea agreement was announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Richard A. McFeely of the Federal Bureau of Investigation; and Acting Special Agent in Charge Eric C. Hylton of the Internal Revenue Service - Criminal Investigation, Washington, D.C. Field Office.

 "People should seek independent advice before investing their money," said U.S. Attorney Rod J. Rosenstein.

 "Promoters of investment fraud schemes like this one prey upon trusting investors and then steal their hard earned money,” said IRS Special Agent in Charge Eric Hylton. "IRS Criminal Investigation is committed to investigating these schemes in an effort to protect the financial well being of the American public.”

According to his plea agreement, Sniffen’s co-conspirators targeted individuals seeking investment opportunities or commercial real estate development lending in Maryland and elsewhere, including a Bowie, Maryland hotel project. Victim investors were instructed that in order to obtain loans for commercial real estate projects, and in exchange for a high rate of return, the purported lenders required that large sums of money be deposited in an escrow bank account to show “liquidity,” and that Sniffen was the only attorney assigned as escrow agent. All of the escrow agreements used to defraud the lender-investors provided that no person other than the victims had the ability to remove the escrowed funds without the victims’ permission.

 From at least August 2009 to August 2011, Sniffen and his co-conspirators defrauded investors by fraudulently removing the escrowed funds. Typically within one or two weeks after the deposit by the investor, Sniffen and his co-conspirators withdrew the victim’s funds from the escrow accounts to pay the co-conspirators’ business and personal debts or to make “lulling” payments to other victim investors.

 Sniffen and his co-conspirators attempted to cover up the fraud by: issuing false verifications of deposits and false bank statements regarding the amount of escrowed funds; falsely representing in emails and by phone the balance of escrow funds and the date when the investors’ money would be returned; and returning part of the victim’s investment using funds fraudulently obtained from other investors. 

Sniffen and his co-conspirators improperly obtained funds from investor victims in excess of $14 million.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/08/the-maryland-court-of-appeals-has-accepted-the-consent-to-disbarment-of-attorney-kevin-sniffen-the-united-states-attorneys.html

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