SEC Charges Two Florida Firms and Principal Officer Over Alleged Ponzi Scheme

Posted on August 27th, 2021 at 12:47 PM
SEC Charges Two Florida Firms and Principal Officer Over Alleged Ponzi Scheme

From the Desk of Jim Eccleston at Eccleston Law:

The Securities and Commission Exchange (SEC) has been granted a temporary restraining order (TRO) as well as an asset freeze against Florida resident Johanna Garcia along with two entities she owns. The SEC’s complaint, which was filed in federal court in the Southern District of Florida, alleges that Garcia used her entities, MJ Capital Funding LLC as well as MJ Taxes and More Inc., to perpetrate a Ponzi scheme and misappropriate investor funds. Garcia and her entities raised nearly $70 million in funds from at least 2,150 investors through a fraudulent securities offering, according to the complaint. 

The complaint further alleges that Garcia informed investors that offering proceeds would be used to fund small business loans known as “merchant cash advances” while promising investors annual returns of 120-180%. Nevertheless, the defendants only managed to raise $2.9 million in merchant cash advance loans as well as even less revenue. The defendants instead utilized nearly $20 million of investor funds to pay returns to previous investors, according to the complaint. The complaint additionally alleges that the defendants fraudulently paid $27.4 million of investor funds to other unassociated entities, including large payments to sales agents for promoting these investments. 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

Tags: eccleston, eccleston law, sec, ponzi scheme

Return to Archive

TESTIMONIALS

Previous
Next

This was the best of all possible outcomes and I cannot thank you and the team enough.

Michael S.

LATEST NEWS AND ARTICLES

March 11, 2025
Former CNBC Analyst Pleads Guilty to $2.7 Million Securities Fraud Scheme

James Arthur McDonald Jr., a former financial advisor and frequent CNBC guest analyst, has agreed to plead guilty to securities fraud, admitting to defrauding investors out of at least $2.7 million, as reported by ThinkAdvisor. The felony charge carries a maximum sentence of 20 years in federal prison.

March 10, 2025
Wells Fargo and Merrill Lynch Settle SEC Charges Over Cash Sweep Program Policies

The Securities and Exchange Commission (SEC) has announced settlements with Wells Fargo Clearing Services LLC, Wells Fargo Advisors Financial Network LLC, and Merrill Lynch, Pierce, Fenner & Smith Incorporated over allegations that they failed to implement proper policies and procedures for their cash sweep programs.

March 7, 2025
FINRA Orders $8.2 Million in Restitution for Mutual Fund Customers

FINRA has directed Edward Jones, Osaic Wealth, Inc., and Cambridge Investment Research, Inc. to pay more than $8.2 million in restitution to customers harmed by failures to provide mutual fund sales charge waivers and fee rebates.