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Arizona ‘Advisor’ Charged With 27 Counts of Mail, Wire Fraud

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What You Need to Know

  • The founder and president of a financial services firm was arraigned on Wednesday on a 27-count indictment.
  • He allegedly bought gold and silver with clients assets intended for stocks and bonds.
  • The 71-year-old faces a maximum of 20 years in prison if convicted of all charges.

The founder and president of a financial services company was arraigned Wednesday on a 27-count indictment that charged him with 16 counts of wire fraud and 11 counts of mail fraud for allegedly using $13.3 million of clients’ funds to buy precious metals such as gold and silver instead of the stocks and bonds they were intended to be invested in, according to the Justice Department.

John Lopez, 71, of Flagstaff, Arizona, faces a maximum of 20 years in prison if convicted of all charges, the Justice Department said.

A federal grand jury in U.S. District Court for the District of New Mexico indicted Lopez on Dec. 20, according to the Justice Department.

According to the indictment and other court records, Lopez was the founder and president of Personal Money Management Co., which offered financial management services to clients, many of whom were retired or near retirement.

Starting in 2014, Lopez “held himself out as an investment advisor with considerable expertise who could consistently and substantially beat the market average return on investment,” according to a press release issued Wednesday by Alexander M.M. Uballez, U.S. attorney for the District of New Mexico, and Raul Bujanda, special agent in charge of the FBI Albuquerque Field Office.

“Mr. Lopez is in his seventies and has never been so much as arrested, let alone charged with a crime,” Shaheen Torgoley, one of the attorneys representing him, told ThinkAdvisor by email on Friday.

“He looks forward to an opportunity to clear his name in court, not defend himself against selective leaks from the government agents in the court of public opinion,” Torgoley added. “Mr. Lopez maintains that his priority has always been and will continue to be the financial well-being of his clientele.”

The attorney declined to say if his client was a registered advisor or broker.

Lopez allegedly made various false promises and misrepresentations related to his investment ability and strategy to clients and prospective clients.

As alleged in the indictment, he falsely told clients and prospects he could guarantee annual returns of 10% on their principal investments, regardless of how volatile the stock market might be, and that he could make an annualized 19.2% return on retirement investments in which clients would also keep their principal.

Lopez allegedly claimed he developed a computer program or algorithm that resulted in consistent and substantial above-average market returns on investments.

The Justice Department alleged Lopez told clients and prospective clients he would invest their money mainly in stocks and bonds, moving their money between the two when market indicators or his computer algorithm told him to do so.

From February 2014 through November 2021, Lopez received about $19.4 million from clients. But, during the same period, instead of investing mainly in stocks and bonds for clients, Lopez allegedly bought $13.3 million in precious metals, such as gold and silver.

Lopez disbursed about $6.1 million to clients, which he allegedly represented as investment gains.

After securing client money, Lopez allegedly generated periodic account statements, “purportedly showing substantial investment gains,” according to the Justice Department.

For example, in November 2021, a client received a purported account statement indicating an investment of $200,000 with Lopez and PMMCO in 2016 had increased to $3,289,273, a whopping 1,544% increase over an approximate five-year period.

That growth calculation, however, excluded a $565,000 withdrawal in 2021, the Justice Department said.

In October 2021, those statements represented that PMMCO client account values were collectively worth about $39 million.

On Nov. 9-10, 2021, government agents seized PMMCO assets, mainly comprising precious metals that were valued at less than $15 million, according to the Justice Department.

Lopez allegedly continued to generate deceptive PMMCO account statements after the seizure of PMMCO’s assets. On May 31, 2022, those statements represented PMMCO client account values worth about $49 million, the Justice Department said.

The U.S. Attorney’s Office brought a separate civil forfeiture action on April 15, 2022, seeking to forfeit assets seized in November 2021. Litigation in the civil proceeding is ongoing.

(Image: Adobe Stock)


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