EL PASO, TX – A pair of El Paso men are headed to federal prison after being convicted of orchestrating a brazen Ponzi scheme that bilked investors out of an estimated $2 million. Clarence Counterman, 59, and Robert Loya, 52, received their sentences this morning, bringing a close to a case that exposed a years-long pattern of deceit.
Senior United States District Judge David Briones handed down a 12-year sentence to Counterman, owner of the income tax preparation business Taxrite, followed by three years of supervised release. His accomplice, Robert Loya, received a 10-year sentence and five years of supervised release. Both men were immediately remanded to the custody of the U.S. Marshals Service after the hearing, ending their time out on bond.
“This classic pyramid scheme robbed unsuspecting investors in new energy technology of more than two million dollars,” declared United States Attorney Richard L. Durbin, Jr. “The punishments meted out by the Court fairly reflect the magnitude of the theft, which the defendants perpetuated for almost five years.” The scheme ran from December 2008 to October 2013, preying on individuals, including Counterman’s existing tax clients.
Jurors found the pair guilty on November 2, 2016, of one count of conspiracy to commit wire fraud. Counterman was also convicted of 14 counts of substantive wire fraud, while Loya faced 13 similar charges. The scam involved enticing investors with promises of high returns through companies like Renewable Energy Consultant, Inc. (Nevada); EP Solar Technologies, Inc. (Nevada); LITTCE, Inc. (Texas); and Eco Global Corporation (Texas). However, evidence revealed that much of the invested money was siphoned off for personal use by the defendants and a third individual.
The defendants masked their fraud by paying early investors with funds from new investors, a hallmark of Ponzi schemes designed to create the illusion of profitability. Testimony established that over 50 investors suffered combined losses exceeding $2.1 million. A third defendant, Leopoldo Parra, 54, of El Paso, previously pleaded guilty and received a 30-month prison sentence and a $486,695 restitution order on November 30, 2016, for his role in the conspiracy and one count of wire fraud.
Law enforcement officials emphasized the importance of the case. “These are significant sentences and should serve as a warning to those who seek to profit from fraudulent schemes,” stated Waldemar Rodriguez, Special Agent in Charge of Homeland Security Investigations (HSI), El Paso Division. Douglas E. Lindquist, Special Agent in Charge of the FBI’s El Paso Division, added, “This result reflects the hard work…to protect the community from predatory practices that would cheat citizens out of their hard-earned income.” The case was prosecuted by Assistant United States Attorneys Steve Spitzer and Chris Skillern.
Key Facts
- State: Texas
- Agency: DOJ USAO
- Category: White Collar Crime
- Source: Official Source ↗
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