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Wednesday, April 19, 2023
South Carolina Woman Pleads Guilty to Fraud Conspiracy Targeting Retirees and Military Pension Holders
A South Carolina woman pleaded guilty to conspiracy for her role in a nationwide structured cash flow scheme that exploited military veterans in desperate financial straits and targeted elderly investors seeking a safe retirement investment.
Candy Kern, 55, of Anderson, South Carolina, was the managing partner of a small South Carolina-based law firm. From approximately 2012 through 2021, she used her law firm to facilitate a fraudulent scheme involving illegal assignment of veterans’ benefits.
The scheme worked as follows: Numerous individuals and small corporate entities, referred to as Structured Cash Flow (SCF) entities, offered veterans – many of whom were in acute financial distress – an up-front lump sum payment in exchange for the assignment of the veterans’ monthly pension and/or disability payments for a period of time. Working through a network of investment advisors and insurance agents, the SCF entities would then solicit retirees to invest in these contracts – providing the up-front lump sums under the false pretense that the flow of repayments by veterans over time would translate into a return for the retiree-investors.
For more than eight years, Kern, through her law firm, served as the banker, legal counsel, and debt collector for the SCF operation. Among other services, Kern’s law firm (1) managed, controlled, and maintained the bank accounts through which payments to and from investors and veterans flowed; and (2) filed suits against veterans who defaulted. Throughout the duration of the scheme, and unbeknownst to the veterans or the retirees, the pension assignment contracts were in fact void, as it is illegal to assign a pension under federal law – a fact Kern knew but never disclosed during the execution of any contract.
Over time, the scheme collapsed, as many veterans (who tended to be in dire financial straits) either were unable to repay their “obligations” under the contract or opted not to do so upon learning that federal law prohibited pension assignments. Over the course of this scheme, approximately $14 million in illegally assigned veterans’ benefits flowed through the accounts controlled by Kern’s law firm. Notwithstanding the invalidity of the contracts, Kern pursued enforcement actions against veterans who defaulted, securing numerous default judgments against veterans in absentia. As a result, Kern’s law firm received approximately $1,446,336, while retiree-investors – who were misled and fraudulently induced to purchase the SCF product without being informed of all material information about the contracts – lost approximately $31,352,897.26.
Link to full article here.
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