Southern California Man Pleads Guilty To Fraud Charges Involving Scheme To Divert More Than $4.6 Million In San Francisco-Based Investment

SAN FRANCISCO – Joon Woo Kim pleaded guilty in federal court to charges related to his role in two related multi-million-dollar fraud schemes—the first, a scheme to mislead investors to contribute to a fund he formed in San Francisco, and the second, a scheme to obtain a multi-million dollar business loans and line of credit by lying to a bank—announced United States Attorney Ismail J. Ramsey and Federal Bureau of Investigation Special Agent in Charge Robert K. Tripp.

In his plea agreement, Kim, 57, of Montebello, Calif., admitted that he engaged in the first fraud scheme from June 2015 through at least March 19, 2022. Kim created an investment fund called the M5 Doctors Fund and induced investors to contribute to the fund by making false statements and omissions about the kinds of investments Kim would make while managing the fund’s assets. For example, Kim admitted that he advertised that he would invest assets of the M5 Doctors Fund in securities of Tesla, Inc. and electric vehicle companies. Nevertheless, rather than invest the funds as he promised, Kim admitted that he transferred nearly all M5 Doctors Fund assets, including funds from the liquidation of investments and the return on those investments, to CKR Enterprise, Inc., a wholesale food distribution company owned by, among others, Kim and his wife and operated by Kim and his wife.

Kim further admitted in his plea agreement that he acted with the intent to deceive and cheat investors and that in furtherance of the scheme he caused the creation of the M5 Doctors Fund and a separate management entity called M5 Management and he induced investors to invest in the M5 Doctors Fund and maintain their investment funds in the M5 Doctors Fund based on false statements and omissions regarding the kinds of investments he would make.

Kim admitted that without telling his investors he transferred nearly all M5 Doctors Fund assets to his business, CKR, and thereby defrauded investors out of $4,690,000. Further, Kim misled investors into believing that the M5 Doctors fund was solvent and engaged in investment activities. For example, Kim sent investors misleading quarterly reports suggesting that their money was invested in securities such as Tesla when in fact Kim had transferred nearly all investor money to CKR.

Kim further admitted that he engaged in a second fraud scheme in which he defrauded Hanmi Bank by applying for two loans for CKR, a $1,300,000 line of credit and a $3,200,000 business loan, that contained materially false and fraudulent representations and promises. As a result of these fraudulent representations and promises, Kim obtained the proceeds of these loans.

A federal grand jury charged Kim on June 27, 2023, with eight counts of wire fraud, in violation of 18 U.S.C. § 1343; two counts of bank fraud, in violation of 18 U.S.C. § 1344; and one count of making a false statement to a bank, in violation of 18 U.S.C. § 1014. Under the plea agreement, Kim pleaded guilty to one count of wire fraud and one count of making a false statement to a bank. If Kim complies with his plea agreement, the remaining counts will be dismissed at sentencing.

Kim was arrested on July 17, 2023, and subsequently released on a bond. His sentencing hearing is scheduled for June 24, 2024. The maximum statutory penalty for each of the wire fraud charges is 20 years in prison, and a fine of $250,000, plus restitution, if appropriate. The maximum statutory penalty for each of the bank fraud and making a false statement to a bank is 30 years in prison, and a fine of $1,000,000, plus restitution, if appropriate. The court also may order an additional term of supervised release to begin after a prison term as part of any sentence. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Assistant U.S. Attorney Christiaan Highsmith is prosecuting the case with the assistance of Aarian Beti. The prosecution is the result of an investigation by the FBI.