Juan Carlos Horna Napolitano Admits Conspiring to Obstruct SEC Investigation of Connecticut Hedge Fund Adviser

Source- http://newhaven.fbi.gov/dojpressrel/pressrel11/nh051911a.htm

David B. Fein, United States Attorney for the District of Connecticut, announced that JUAN CARLOS HORNA NAPOLITANO, 40, a citizen of Venezuela residing in Pembroke Pines, Florida, pleaded guilty today before United States District Judge Stefan R. Underhill in Bridgeport to one count of conspiracy to obstruct an official proceeding of the U.S. Securities and Exchange Commission.

“The U.S. Attorney’s Office, FBI, and our Connecticut Securities, Commodities, and Investor Fraud Task Force partners are committed to investigating and prosecuting those who attempt to deceive and mislead the SEC and defeat its critical mission of protecting investors and the integrity of American capital markets,” stated U.S. Attorney Fein.

According to court documents and statements made in court, Francisco Illarramendi, of New Canaan, acted as an investment adviser to certain hedge funds. In approximately 2006, one hedge fund he advised lost millions of dollars of the money he was charged with investing. Rather than disclose to his investors the truth about the losses incurred, Illarramendi intentionally chose to conceal this information by engaging in a long-running scheme to defraud and mislead his investors, creditors, and the SEC to prevent the truth about the losses from being discovered. As part of the scheme, Illarramendi and others created fraudulent documents, including a fictitious asset verification letter falsely representing that one of the hedge funds, the Short Term Liquidity Fund (“STLF”), had at least $275 million in credits as a result of outstanding loans, when Illarramendi and others knew it did not have any such credits. In exchange for expected payment of at least $3 million, HORNA and Juan Carlos Guillen Zerpa assisted Illarramendi in creating the fictitious asset verification letter and misleading and deceiving investors and the SEC into believing that there was adequate capital and credit to protect the investors of the STLF.

Guillen is a resident and citizen of Venezuela who was the managing partner of a Venezuelan accounting firm associated with a major international accounting firm. In late 2010, Guillen agreed to prepare the asset verification letter that would falsely indicate that the STLF had made outstanding loans to Venezuelan companies. Guillen expected to receive approximately $1 million for his willingness to sign the false asset verification letter.

In January 2011, Guillen executed the false asset verification letter and sent it by e-mail to Illarramendi. Thereafter, Guillen and HORNA learned that the false asset verification letter had been supplied to the U.S. Securities and Exchange Commission (“SEC”), and that the SEC had initiated a civil action against Illarramendi and others (SEC v. Illarramendi, et al., 3:11-CV-00078). In an effort to deceive and mislead the SEC and to prevent the SEC from learning during the civil action that the asset verification letter was false, Illarramendi, Guillen and HORNA sought to create fraudulent documentation to falsely support the information contained in the letter. Guillen also participated in a telephone call with representatives of the SEC in which he intentionally misrepresented that the assertions in the asset verification letter about the existence of the hedge funds’ assets were true, when he knew they were false.

HORNA maintained control of a Florida bank account in the name of Jeislo Real Estate Investments, LLC. In furtherance of the conspiracy, Illarramendi caused two transfers of funds in the total amount of $1.25 million to be made into this bank account. As partial payment to Guillen for his role in the scheme, HORNA transferred at least $250,000 of this money to a third party for the benefit of Guillen.

Judge Underhill has scheduled sentencing for August 5, 2011, at which time HORNA faces a maximum term of imprisonment of 20 years and a fine of up to approximately $2.5 million. HORNA also has agreed to forfeit $1.25 million to the government.

HORNA has been detained since his arrest by FBI special agents on March 3, 2011, in Florida. Following his guilty plea today, HORNA was released into home confinement under electronic monitoring after he posted a bond in the amount of $650,000, which is secured by $181,000 in cash and real property.

On March 7, 2011, Illarramendi pleaded guilty to two counts of wire fraud, one count of securities fraud, one count of investment advisor fraud, and one count of conspiracy to obstruct justice, to obstruct an official proceeding, and to defraud the SEC. On May 4, 2011, Guillen pleaded guilty to one count of conspiracy to obstruct an official proceeding of the U.S. Securities and Exchange Commission. Both await sentencing.

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