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Three Individuals Indicted for Allegedly Defrauding Ex-Im Bank

Thursday, July 23, 2015
Sandler, Travis & Rosenberg Trade Report

The Justice Department announced July 21 that three Florida individuals have been indicted for their alleged participation in a scheme to defraud Miami-area lenders and the Export-Import Bank of the United States.

According to allegations in the indictment, from 2007 through 2012 the defendants utilized companies they controlled to create fictitious invoices for sales of merchandise that never occurred. In a process called “factoring,” the defendants sold the accounts receivables to two Miami-area lenders for approximately 90 percent of the value of the merchandise listed on the alleged fake invoices. The lenders were not aware that the invoices were fake and expected to recover the full amount owed from the purported purchasers. To perpetuate the fraud, the defendants allegedly transferred the proceeds through numerous bank accounts under their control and, in a Ponzi-style scheme, used a portion of the funds to pay off other factored invoices.

After the Miami lenders refused to extend further credit, the defendants and their co-conspirators allegedly created false invoices and shipping documents to obtain a loan guaranteed by the Ex-Im Bank. Rather than acquiring, selling and shipping American-manufactured goods as required for Ex-Im Bank-guaranteed loans, the defendants allegedly used the loan proceeds to extend the fraudulent scheme by paying off other lenders and split the remaining funds among themselves and other co-conspirators. Ultimately, the defendants defaulted on both the factoring loans and the Ex-Im Bank loan.

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