THE
HUNTERDON COUNTY NEWS |
TITLE: Former Executive of New Jersey Technology Company Sentenced to Nine Years in Prison for $5 million Investor Fraud
DESCRIPTION:
Time: 06:38:15
2
A Florida man was sentenced today to nine years in federal prison for his
role in a scheme to defraud dozens of investors of a private company of more than $5
million, U.S. Attorney Christopher J. Christie announced.
U.S. District Judge Peter G. Sheridan also ordered Guy E. Urciuoli, 41
, of WiltonManors, Fla., to pay $4.163 million in restitution to his victims.
"Urciuoli betrayed the trust of his investors and caused devastating financial ruin for
many victims," said Christie. "The long prison sentence serves as a reminder that this
office, along with our law enforcement partners, is very serious about charging and
removing from society those that cheat and bilk others out of their life savings."
After a two-week trial in January, the jury convicted Urciouli on all counts of a six-count
Indictment, which charged five counts of wire fraud and one count of obstruction of
justice. The criminal convictions relate to Urciuoli’s solicitation of investors to purchase
shares of stock of InsPara Networking Technologies, Inc., a privately-owned business
information technologies firm based in Cranford, N.J., with seven affiliated offices
throughout the United States, as well as a location in London.
Urciuoli, the V.P. of Finance and member of the company’s board of directors, through
phone contact and written material, solicited more than 40 individuals who each invested
between $25,000 and $1 million. Urciuoli solicited investors to purchase shares of
InsPara stock, ranging between 75 cents to $2 per share, with the stated goal of making
the company attractive for a lucrative public offering or merger.
The victim-investors were located across the country, including New Jersey, New York,
Florida, Colorado, Tennessee, Illinois, California and Nevada, according to Assistant U.S.
Attorneys Robert Kirsch and Craig Carpenito, who tried the case for the government.
In total, Urciuoli solicited approximately $5.3 million from investors from which he
siphoned approximately $1.3 million through a series of five shell companies he
controlled.
Trial testimony proved that Urciuoli lied and misled investors about his sales
commissions, which totaled approximately 25 percent of the investors’ money, as well as
him being InsPara’s largest shareholder holding 3.5 million shares of company stock.
In addition, to bolster his credentials to investors, Urciuoli falsely claimed to be a licensed
securities broker, and to gain their confidence, falsely claimed that he invested up to $1
million of his own money in the Company. In convicting Urciuoli, the jury found that the
defendant did not pay anything for his shares, but rather received the shares as part of his
compensation package for recruiting investors.
In addition, the jury found that Urciuoli obstructed justice by duping some investorvictims
to sign false and misleading "disclosure statements" in an effort to conceal his
wrongdoing, which he then presented to the FBI pursuant to a grand jury subpoena.
In mid-November 2006, Kevin Holt, 54, of Cranford, N.J., InsPara’s former chief
executive officer and chairman of the board of directors, and Robert Henches, 61, of
Montville, N.J., the former chief operation officer and director, each pleaded guilty before
Judge Sheridan to separate one-count Informations that charged them with conspiracy to
commit mail and wire fraud. Neither were called to testify at Urciuoli’s trial, and their
sentencings are scheduled for June 2008.
In determining the sentence, Judge Sheridan consulted the advisory U.S. Sentencing
Guidelines, which provide appropriate sentencing ranges that take into account the
severity and characteristics of the offense, the defendant's criminal history, if any, and
other factors. The judge, however, was not bound by those guidelines in determining a
sentence.
Parole has been abolished in the federal system. Defendants who are given custodial
terms must serve nearly all that time.
Christie credited Special Agents of the FBI, under the direction of Special Agent in
Charge Weysan Dun, in Newark; and U.S. Postal Inspectors, under the direction of Postal
Inspector In Charge David L. Collins.