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For Immediate Release: Contact: Susan Plochinski
(313) 226-9193
February 16, 2006
EVENT: Sentencing
Defendant: Lee P. Wells
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U.S. Department
of Justice
Stephen J. Murphy
United States Attorney
Eastern
District of Michigan
Suite 2001
211 West Fort Street
Detroit, Michigan 48226-3277
Fax: (313)
226-3561
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FORMER PRESIDENT OF MCA FINANCIAL CORPORATION SENTENCED
Lee P. Wells,
45 years old, of Grosse Pointe Shores, Michigan, the former President and
Chief Operating Officer of MCA Financial Corporation, was sentenced today
to 5 years’ imprisonment
based on convictions for conspiracy and mail fraud, announced Stephen J.
Murphy, United States Attorney for the Eastern District of Michigan, Daniel
D. Roberts, Special Agent in Charge of the Detroit Division of the Federal
Bureau of Investigation, and Barry McLaughlin, Special Agent in Charge of
the Midwest Region of the Office of Inspector General of the U.S. Department
of Housing and Urban Development.
U.S. District Judge John Feikens also ordered Wells to pay $242 million in
restitution to investors who purchased MCA’s securities before MCA closed
its doors in January 1999 and to banks and other institutional lenders who
funded MCA’s operations, and imposed a threeyear
term of supervised release, which will began when Wells’ prison term
has been completed. Judge Feikens is allowing Wells to voluntarily surrender
to the Federal Bureau of
Prisons to serve his sentence.
"Corporate fraud involves a breach of trust and a course of deception
that harms investors, employees, and the public at large. This significant
sentence and large restitution order should be a warning that our office will
vigorously pursue corporate fraud violations, whether the evidence leads to
the mail room or the board room. I salute the thorough investigation by the
FBI, the HUD Inspector General and the SEC which lead to this successful prosecution,” said
U.S. Attorney Murphy.
MCA, operating through two wholly-owned subsidiaries based in Southfield -
MCA Mortgage Corporation and Mortgage Corporation of America - was a privately
held mortgage company that made conventional and sub-prime loans to individual
home buyers in Michigan and several other states. MCA was also a mortgage and
land contract broker and servicer. In January 1999, MCA collapsed and was placed
in a conservatorship by the Michigan Financial Institutions Bureau, which filed
a petition for bankruptcy on behalf of MCA the following month. What remained
of MCA has been liquidated and the proceeds distributed to creditors under
the supervision of MCA’s bankruptcy trustee.
MCA raised capital in large part by selling debt and pass-through securities
to the general public. Through his guilty pleas before Judge Feikens in July
2002, Wells admitted that from as early as 1993 until its seizure by state
regulators in January 1999, MCA engaged in a scheme to defraud its investors
and institutional lenders by misrepresenting its true financial condition through
the preparation and use of false and fraudulent financial statements that were
regularly filed with the SEC and made available to brokers and investors and
to banks and other institutional lenders. As the result of paper transactions
involving low-income
housing in the City of Detroit between MCA and numerous off-book partnerships
owned and controlled by Patrick Quinlan, MCA’s former Chairman and CEO,
and Wells, millions of dollars in sham assets and revenues were created and
included in MCA’s balance sheets and statements of income.
In addition, Wells admitted that MCA, through his actions and the actions of
others, fraudulently sold through a regional network of broker-dealers certain
pass-through securities representing interests in mortgages and land contracts
originally owned, and then assembled into investment pools, by MCA. MCA misrepresented
to current and prospective investors the actual past performance of the pools;
included in some of the pools certain mortgage and land contract interests
whose values were fraudulently inflated; and misappropriated, liquidated, and
used for its own corporate purposes some of the genuine pool assets. The growing
liability to MCA’s poolholders caused by this criminal conduct reached
tens of millions of dollars and was not reflected, as it should have been,
on MCA’s balance sheets.
Six other individuals have been charged as a result of the federal investigation
of MCA:
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PATRICK D. QUINLAN, of Grosse Pointe Farms, MCA’s former Chairman and
CEO, pleaded guilty in February 2004 to charges of conspiring and making
false and fraudulent statements in corporate financial reports filed with the
SEC. He was sentenced in July 2005 by U.S. District Judge Nancy G. Edmunds
to 10 years’ imprisonment and three years’ supervised release and
ordered to pay $256 million in restitution. Quinlan is currently serving his
sentence.
•
KEITH D. PIETILA, formerly of Ann Arbor, MCA’s former Chief Financial
Officer,
pleaded guilty in January 2002 to charges of mail fraud and making false
statements to the SEC. He was sentenced in May 2003 by Judge Feikens to 48
months’ imprisonment
and three years’ supervised release and ordered to pay $256 million
in restitution. Pietila is currently serving his sentence.
•
ALEXANDER J. AJEMIAN, of Highland Township, MCA’s former Controller,
pleaded guilty in August 2001 to charges of mail fraud and making false statements
to the SEC. He was sentenced in June 2003 by Judge Feikens to 37 months’ imprisonment
and three years’ supervised release and ordered to pay $256 million
in restitution. With time off for good behavior, Ajemian has completed serving
his term of imprisonment.
•
CHERYL SWAIN, of Beverly Hills, MCA’s former Vice President for Marketing
Syndication pleaded guilty in November 2001 for mail fraud arising from her
participation in a scheme to defraud MCA’s investors. She was sentenced
on February 7, 2006, to 24 months’ imprisonment based on a conviction
of mail fraud. Swain was also ordered to pay $65.7 million in restitution
to investors who purchased MCA’s securities before MCA closed its doors
in January 1999. She will begin serving her sentence shortly.
•
KEVIN C. LASKY, of Birmingham, the former head of MCA’s Special Loan
Group, pleaded guilty in May 2002 to a charge of wire fraud. He was sentenced
in December 2003 by Judge Feikens to 24 months’ imprisonment and three
years’ supervised release and ordered to pay $128 million in restitution.
Lasky began serving his term of imprisonment in December 2005.
•
JOHN P. O’LEARY, of Davisburg, MCA’s former Vice President for
Corporate Finance, pleaded guilty in August 2005 to the crime of misprision
of felony, and is scheduled to be sentenced by Judge Edmunds on February
28, 2006.
Like Wells’ sentence, the sentences imposed on Pietila, Ajemian, Swain,
and Lasky took into account their cooperation with federal investigators
and prosecutors.
The federal investigation has been conducted by the FBI and the U.S. Department
of HUD’s Office of Inspector General, with assistance from the SEC’s
Division of Enforcement and the Office of Financial and Insurance Services
of the Michigan Department of Labor and Economic Growth. The case is being
prosecuted by Assistant U.S. Attorneys Stephen Hiyama and Jennifer Gorland.
A related state criminal prosecution of Quinlan, Wells, Pietila, and Ajemian
in Oakland County Circuit Court was handled by the Michigan Attorney General’s
Office.
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