Thursday, April 11, 2013

Allegations of Securities Fraud Result in Indictments for four DBSI Inc. Executives



A federal grand jury in Idaho indicted four top executives of DBSI Inc. on Wednesday alleging securities fraud violations.  The charges, 83 in all, include conspiracy to commit securities fraud, mail fraud, interstate transportation of stolen property, and wire fraud. 

Assistant U.S. Attorney Wendy Olson announced the indictment against Douglas Swenson, founder and president of DBSI Inc.  Swenson was indicted along with DBSI’s general counsel, Mark Ellison, and two assistant secretaries, David Swenson and Jeremy Swenson.

Olson was quoted as saying, “investment fraud undermines markets, bilks investors of promised returns and creates unnecessary loss at a time when our economy is struggling to recover.”

The U.S. Attorney alleges the executives orchestrated a scheme to misled investors throughout the U.S. by suggesting DBSI was a profitable company with a net worth over $100 million, when in reality it was floundering.  Instead of using new investor funds legitimately, Olson charges DBSI executives were using the funds to pay returns to other DBSI investors. 

In addition to the four executives indicted Wednesday, another former DBSI executive, Gary Bringhurst, pled guilty to similar charges after reaching a plea deal.

DBSI, which was founded in 1979, used many investment strategies, including tenant-in-common (“TICs”).  TICs allow multiple investors to become fractional owners of a property.  At its peak, DBSI managed over 20 commercial properties across the United States and had more than 8,000 investors.  The company declared bankruptcy in 2008.