Five Indicted on Fraud Charges
|U.S. Attorney’s Office June 06, 2014|
Steven M. Dettelbach, United States Attorney for the Northern District of Ohio; Stephen D. Anthony, Special Agent in Charge, FBI Cleveland Division; and Kathy Enstrom, Special Agent in Charge, IRS-Criminal Investigation, Cincinnati Field Office, announced today that a federal grand jury in Toledo, Ohio, returned a 52-count superseding indictment against Mark O. Wittenmyer, age 54, of Holland, Ohio; Robert Milam, age 64, of League City, Texas; Lonny Remmers, age 56, of Corona, California; Mark Aller, age 50, of Birmingham, Michigan; and Douglas Boyce, age 56, of Maumee, Ohio. The indictment includes multiple charges including conspiracy, wire fraud, money laundering, securities fraud, and access device fraud.
The indictment charges that from in or around January 2003 and continuing through May 2014, Wittenmyer, Milam, Remmers, Aller, Boyce, and others conspired to solicit and collect investments, expenses, consulting fees, salaries, and other payments in connection with investment and financing transactions induced by false and fraudulent pretenses, representations, and promises. The conspirators used several business entities to promote and induce investments, including Spring Valley Marketing Group, Community ISP, Momentum Management, OnLetterhead, bSecured Solutions, New Dimension Fund, and RM Capital. False statements were made to investors, lenders, and other participants regarding past successes in arranging investments transactions for the purpose of inducing investments. Wittenmyer used the participation, and purported participation, of attorneys and other professionals to confer an aura of legitimacy to potential investors. Wittenmyer often fraudulently requested that investors and lenders advance funds for travel, legal fees, and other various expenses, which the conspirators then used for personal living expenses.
In addition to each defendant being charged with one count of conspiracy to commit wire fraud, Wittenmyer is charged with eight counts of wire fraud, 32 counts of money laundering, six counts of securities fraud, and two counts of access device fraud. Milam is also charged with two counts of wire fraud and one count of money laundering. Remmers is also charged with two counts of wire fraud. Aller is also charged with three counts of wire fraud and one count of money laundering, and Boyce is charged with one count of money laundering.
If convicted, each defendant’s sentence will be determined by the court after reviewing factors unique to this case, including any prior criminal record, respective roles in the offense and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum, and in most cases it will be less than the maximum.
“The investing public needs to watch for fraudsters and scam artists who promise the moon and sun but deliver only pain and deceit. Remember, if it sounds too good to be true, it probably is,” Dettelbach said.
“These individuals enriched themselves with hundreds of thousands of ill-gotten dollars by creating and carrying out various fraudulent schemes. The FBI will continue to work with our law enforcement partners to bring to justice those that steal the hard earned money of others,” Anthony said.
This case was investigated by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation, both of Toledo, Ohio. The case is being prosecuted by Assistant United States Attorneys Gene Crawford and James V. Moroney.
An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.