~ First lawsuit filed under new Florida Securities and Investor Protection Act ~
TALLAHASSEE, FL – Attorney General today announced his office has obtained
an injunction against and frozen the assets of a company and two
individuals who have allegedly been developing a $23 million investment
Ponzi scheme. According to the Attorney General’s lawsuit, filed yesterday
in Pasco County Circuit Court, Botfly LLC and principals David R.
Lewalski, and Jon J. Hammill targeted victims with promises of high
investment returns, but in reality spent millions on expensive personal
items.
“Right now, so many Floridians are trying to make sound financial
decisions and protect their families and their finances,” said Attorney
General McCollum. “This scheme may have made offers that sounded
promising, but in the end, people’s futures were at stake.”
According to the lawsuit, investors were promised up to a 10 percent
monthly return on a promissory note. Bank records that were subpoenaed by
the Attorney General’s Office indicated the defendants allegedly collected
over $23 million in investments from more than 550 investors, many of
which were Florida residents, and returned only $11 million of that in
principal and interest payments. The remainder of investors’ money was
allegedly spent on personal expenses such as fancy automobiles, a Ducati
motorcycle, luxury hotels, jet charters, clothing and jewelry.
The injunction prohibits the company and its owners from soliciting new
investments, destroying any records or documents related to their scheme,
or moving any assets to prevent authorities from obtaining restitution for
victims. The Court also granted the Attorney General’s request appoint a
receiver to collect what assets may remain so that investors might be able
to recover as much of their original investments as possible.
The order to freeze assets and the injunction were obtained yesterday
after an investigation by a dedicated team in the Attorney General’s
Office that works under the Florida Securities and Investor Protection
Act, a new law championed last year by the Attorney General and bill
sponsors Representative Tom Grady and Senator Garrett Richter. The law
provides the Attorney General’s Office with greater authority to pursue
investment and securities fraud.
A botfly is an insect whose larvae burrow under the skin of mammals and
eat their flesh until they mature into an adult fly.
Copies of the legal documents filed are available online at the following
links:
http://myfloridalegal.com/webfiles.nsf/WF/JFAO-845MTX/$file/BotflyAffidavit.pdf
http://myfloridalegal.com/webfiles.nsf/WF/JFAO-845MUG/$file/BotflyComplaint.pdf
http://myfloridalegal.com/webfiles.nsf/WF/JFAO-845MUS/$file/BotflyInjunction.pdf
Contact: Sandi Copes
Phone: 850.245.0150
[email protected]