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Default Seven Charged In Foreign Exchange Investment Fraud Scheme - 09-15-2008, 10:42 PM

U.S. Department of Justice

United States Attorney

Southern District of Florida

99 N.E. 4 Street,

Miami, FL 33132

(305)961-9001

September 15, 2008

NEWS RELEASE:

SEVEN CHARGED IN FOREIGN EXCHANGE INVESTMENT FRAUD SCHEME

R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Jonathan I. Solomon, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office, announced that defendants Adam Leon, Phillip Eric Mickelberg, Mitchell Goldberg, Joseph Marchiano, Donnetta Bass, Danielle Williamson , and Melody Marks have been charged for their respective roles in the operation of a $9 million scheme to defraud investors in the foreign exchange market. This morning, defendant Goldberg, 44, of Pembroke Pines, FL, defendant Williamson, 43, of Hollywood, FL, and defendant Marks, 32, of Tamarac, FL, were arrested and made their initial appearances in the federal court in Fort Lauderdale earlier this morning. Donnetta Bass, 39, of Timberlake , North Carolina , was arrested in North Carolina and will be making her initial appearance in federal court in Winston-Salem , North Carolina. Defendants Leon, Mickelberg, and Marchiano, 54, of Pembroke Lakes , FL , have not yet been arrested.

The Indictment alleges that the defendants operated four companies: Emerging FX; Presidential FX; Infinity FX; and Noble4X, all located in Hollywood , FL. These companies purported to be foreign currency option introducing brokers. Employees of the companies called prospective clients and promised high returns on investments. As well, they fraudulently minimized or entirely failed to disclose large up-front commissions, the companies’ poor performance history, and otherwise made material misrepresentations and omissions of material facts. Most of 450 clients suffered substantial losses on their investment, totaling approximately $9 million.

More specifically, the Indictment charges defendant Leon with: (1) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §1349 (Count 1); (2) wire fraud, in violation of 18 U.S.C. §1343 (Counts 2-37); and (3) mail fraud, in violation of 18 U.S.C. §1341 (Counts 38-73). Defendant Mickleberg is charged with: (1) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §1349 (Count 1); (2) wire fraud, in violation of 18 U.S.C. §1343 (Counts 4-8, 10-17, 19, 22, 23-26 and 31); and (3) mail fraud, in violation of 18 U.S.C. §1341 (Counts 30, 48, 52, 54, 56-58, 60, 62-69, and 71-72). Defendant Goldberg is charged with: (1) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §1349 (Count 1); (2) wire fraud, in violation of 18 U.S.C. §1343 (Counts 8, 10, 12, 13, 15, 17, and 28-37); and (3) mail fraud, in violation of 18 U.S.C. §1341 (Counts 39, 42, 58, 60-63, 66, 70 and 73). Defendant Marchiano is charged with: (1) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §1349 (Count 1); (2) wire fraud, in violation of 18 U.S.C. §1343 (Counts 8, 10, 12, 13, 15, 17, 20 and 31); and (3) mail fraud, in violation of 18 U.S.C. §1341 (Counts 45, 49, 53, 55, 58, 59, 60-63, 66-69 and 71-72). Defendant Bass is charged with: (1) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §1349 (Count 1); (2) wire fraud, in violation of 18 U.S.C. §1343 (Counts 2, 9, 11, 14 and 21-26); and (3) mail fraud, in violation of 18 U.S.C. §1341 (Counts 44, 48, 54, 56, 67-69 and 71-72). Defendant Williamson is charged with: (1) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §1349 (Count 1); (2) wire fraud, in violation of 18 U.S.C. §1343 (Counts 3-6, 16, 27, 28-30, 32-37); and (3) mail fraud, in violation of 18 U.S.C. §1341 (Counts 40 and 46). Defendant Marks is charged with: (1) conspiracy to commit mail and wire fraud, in violation of 18 U.S.C. §1349 (Count 1); (2) wire fraud, in violation of 18 U.S.C. §1343 (Count 20); and (3) mail fraud, in violation of 18 U.S.C. §1341 (Counts 41-43, 45, 47, 49, 51, 53, 55, 59 and 61). Each defendant faces a maximum sentence of 20 years’ imprisonment for each count of the indictment.

Mr. Acosta commended the investigative efforts of the Federal Bureau of Investigation for investigating this case. The case is being handled by Assistant United States Attorneys Harry Wallace and Steve Petri.

A copy of this press release may be found on the website of the United States Attorney's Office for the Southern District of Florida at Southern District of Florida - Homepage. Related court documents and information may be found on the website of the District Court for the Southern District of Florida at Florida Southern District Court or on http://pacer.flsd.uscourts.gov.
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