SEC Charges Firm for Targeting Haitian-Americans in Alleged Fraud

The CEO told investors their money would help to fund agriculture, renewable energy, and ecommerce projects in Haiti.


The US Securities and Exchange Commission (SEC) has charged Miami-based Brothers Investment Group International Inc. and its CEO, Anson Jean-Pierre, for allegedly defrauding investors through an offering of securities targeting Haitian-American investors.

According to the SEC’s complaint, which was filed in federal district court in Miami, Jean-Pierre raised nearly $800,000 from more than 200 mainly Haitian-American investors through the sale of securities in the form of “membership interests” in Brothers. The SEC alleges that Jean-Pierre falsely represented to investors that their money would go toward the development of agriculture, renewable energy, and ecommerce projects in Haiti.

The SEC said Brothers claimed its mission was to “eradicate poverty and promote prosperity and financial security among the Haitian community” by increasing intra-Haitian trade and investments. Investors were required to pay a membership fee in “seed money” that would help fund the projects, plus an administrative fee to cover Brothers’ overhead and other non-project related expenses. They were also told they would share in the company’s profits from the projects.

“In reality, Jean-Pierre misused and misappropriated over one-third of investors’ seed money for non-project purposes, including an elaborate gala, retail purchases, restaurants, travel and hotel charges, cash withdrawals, and payments to himself and other individuals,” the SEC said in its complaint.

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Investor money was deposited directly into Brothers’ bank accounts and Jean-Pierre controlled the only ATM/debit card issued on the accounts, according to the complaint. After receiving money from investors, Jean-Pierre updated them on the specific projects in two newsletters and in meetings held at Brothers’ office. The SEC said that in most cases, the updates “painted a promising picture of investors’ potential to share in the profits from the projects.”

The SEC said Jean-Pierre misused nearly $125,000 for non-project related expenditures, including payments to various individuals for administrative work. It also said he misappropriated approximately $159,000 of investor funds for personal use such as restaurants, travel and hotel charges, cash withdrawals, retail purchases, and payments to himself.

Only a little more than $420,000, or about 55%, of the investors’ seed money, went toward Brothers’ projects, according to the complaint.

“With less than two-thirds of the investors’ seed money going into the development of the projects, the likelihood that any of the projects would be successful diminished significantly,” said the complaint. “Indeed, none of the projects were successful and investors lost their money.”

The SEC is seeking a permanent injunction, disgorgement and prejudgment interest, and civil penalties against Jean-Pierre and Brothers.

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US Public Pensions’ Funded Ratio Declines More Than 2% in 2020

Despite funded levels falling to 70.7%, the 100 largest public plans have ‘shown great resiliency’ in the face of the pandemic.

 

The funded ratio of the 100 largest US public pension plans declined to 70.7% for the fiscal year ending June 30, down from 72.7% a year earlier as their aggregate total pension liability rose to $5.27 trillion from $5.07 trillion, according to consulting and actuarial firm Milliman.

In its annual “2020 Public Pension Funding Study” (PPFS), Milliman said the plans saw a wild swing  in the estimated combined investment return, from a loss of 10.81% during the first quarter to a gain of 10.72% during the second quarter. It said more concrete evidence of the pandemic’s impact will be available when next year’s financial statements are published.

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“Beyond market volatility, which has affected plan assets, we expect that furloughs and shutdowns as a result of the COVID-19 pandemic will impact pay levels and employee contribution amounts,” Becky Sielman, author of the PPFS, said in a statement. “But public plans have, by and large, shown great resiliency. They are designed and financed to function over a very long time horizon, and can take short-term setbacks in stride.”

Milliman estimates that the aggregate asset value for the plans increased slightly to $3.84 trillion as of June 30 from $3.82 trillion a year earlier. The firm also said the aggregate plan-reported underfunding was $1.45 trillion, compared with $1.38 trillion a year earlier, and has fallen back to levels reported two years ago.

“We expect that furloughs and shutdowns have impacted pay levels and employee contribution amounts,” said the report. “Constrained tax revenues and shifting budget priorities may have caused some employers to pull back on their contributions as well.”

The report projects that from July 2020 to June 2021, the plans will receive $216 billion in contributions from employers and members and pay out a total of $316 billion in benefits and administrative expenses, for a net cash outflow of $100 billion.

“This continues a steady trend of increases in both contributions flowing into the plans and benefits flowing out of the plans,” said the report.

The 100 public plans, which cover 26.9 million members, range in size of total pension liability from $10 billion to $495 billion. The 10 largest plans ranked by liability collectively cover 36% of the total members, hold 40% of the aggregate assets, and have 38% of the aggregate liability.

The report found that over the past eight years, the overall asset allocation of the plans haven’t changed much, with only a modest, gradual shift to alternative investments from equities. It also said it found little correlation between plans’ asset allocations or reported interest rate assumptions and how well or poorly funded the plans are.

Milliman also noted the sharp reduction in the assumed rate of returns for public pensions over the past couple of decades, as the median expected investment return fell to 5.49% in 2020 from 8.29% in 2001. Additionally, 90 of the 100 plans in the study now have assumptions of 7.5% or below, with 28 lowering their assumptions from last year, and 96 having lowered their assumptions at least once since Milliman’s first study in 2012.

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