2023-01-03 DOJ SDNY press_release 116 KB 3,820 chars

Former Chief Financial Officer Of Two SPACs Pleads Guilty To Fraud Scheme

Caption
United States v. Cooper Morgenthau, et al.
summary

Former SPAC CFO Cooper Morgenthau pled guilty to wire fraud for embezzling $5.1 million from SPAC-1 and SPAC-2 to gamble on meme stocks and cryptocurrencies, concealing the theft with forged documents and false SEC filings, and agreed to forfeit and repay the full amount.

paragraph

Cooper Morgenthau, former CFO of SPAC-1 and SPAC-2, pled guilty to one count of wire fraud for embezzling $5,111,335 between June 2021 and August 2022. He used the stolen funds to trade high-risk meme stocks and cryptocurrencies, losing nearly all of the money, while fabricating bank statements and filing false SEC disclosures to conceal the fraud. Morgenthau agreed to forfeit and pay $5,111,335 in restitution, faces a maximum 20-year prison sentence, and is scheduled for sentencing on April 25, 2023.

narrative

Cooper Morgenthau, the former chief financial officer of two special purpose acquisition companies—SPAC-1 and SPAC-2—pled guilty to one count of wire fraud for embezzling $5,111,335 from the companies between June 2021 and August 2022. He diverted funds from SPAC-1, which had recently completed its IPO, and SPAC-2, which was raising private capital ahead of its anticipated offering, to gamble on volatile meme stocks and cryptocurrencies, losing almost all of the stolen money. To conceal his theft, Morgenthau fabricated bank statements and provided them to SPAC-1’s accountant and auditor, while also causing false statements to be included in SEC filings. He further transferred funds from SPAC-2 to SPAC-1 to mask the misappropriation and maintain the illusion of financial integrity. As part of his guilty plea, Morgenthau agreed to forfeit and pay $5,111,335 in restitution, acknowledging full responsibility for the losses. The case was investigated by the FBI with assistance from the SEC and prosecuted by the Southern District of New York’s Securities and Commodities Fraud Task Force. Morgenthau, 35, of Fernandina Beach, Florida, is scheduled to be sentenced on April 25, 2023, and faces a statutory maximum of 20 years in prison.

Enriched metadata

Scheme
pre-ipo-fraud (95%)
Court
Southern District of New York
Outcome
pleaded
Restitution
$5,111,335
Victim loss
$5,000,000
Classified pre-ipo-fraud(confidence 95%). EDGAR detection: forms S-1/Form D/1-A· recall 72% / precision 8%. detection rule →
Statutes
15 U.S.C. § 78j(b)17 C.F.R. § 240.10b-5
Parties
cooper morgenthaudamian williamsspac-1's sec filings
Keywords
spac-morgenthaufraudformer chiefchief financialfinancial officerlinkofficer spacsspacs pleadspleads fraudfraud schemegovernment non-governmentnon-government sitessites typicallytypically appear

Extracted insights

Dollar amounts 4
  • $5.11M $5,111,335 $1M–$10M
  • $5.11M $5,111,335 $1M–$10M
  • $5.00M $5 Million $1M–$10M
  • $5.00M $5 million $1M–$10M
Entities 5
  • person cooper morgenthau
  • person damian williams
  • scheme_term one count of wire fraud
  • agency spac-1's sec filings
  • scheme_term wire fraud charge
Triples 14
  • Cooper Morgenthau pled guilty to one count of wire fraud
  • Cooper Morgenthau embezzled $5 million from SPAC-1 and SPAC-2
  • Cooper Morgenthau was CFO of SPAC-1 and SPAC-2
  • Cooper Morgenthau used embezzled funds to trade meme stocks and cryptocurrencies
  • Cooper Morgenthau fabricated bank statements provided to SPAC-1's accountant and auditor
  • Cooper Morgenthau made material misstatements in SPAC-1's SEC filings
  • Cooper Morgenthau transferred SPAC-2 funds to SPAC-1 to cover misappropriation
  • Cooper Morgenthau agreed to forfeit $5,111,335
  • Cooper Morgenthau agreed to pay restitution of $5,111,335
  • Cooper Morgenthau is scheduled to be sentenced on April 25, 2023
  • Damian Williams announced guilty plea of Cooper Morgenthau
  • U.S. District Judge Paul A. Engelmayer accepted guilty plea from Cooper Morgenthau
  • U.S. District Judge Paul A. Engelmayer scheduled to sentence Cooper Morgenthau on April 25, 2023
  • Wire fraud charge carries maximum sentence of 20 years in prison
View original DOJ press releasejustice.gov
Extracted body text (3,820c)
Press Release Former Chief Financial Officer Of Two SPACs Pleads Guilty To Fraud Scheme Tuesday, January 3, 2023 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Cooper Morgenthau Embezzled More Than $5 Million and Caused False Statements to Be Made to Accountant and Auditor and in SEC Filings Damian Williams, the United States Attorney for the Southern District of New York, announced today that COOPER MORGENTHAU, the former chief financial officer of two special purpose acquisition companies (“SPAC-1” and “SPAC-2”), pled guilty to one count of wire fraud in connection with a scheme to embezzle more than $5 million from the two companies. The defendant pled guilty before U.S. District Judge Paul A. Engelmayer. U.S. Attorney Damian Williams said: “Cooper Morgenthau, the former CFO of two SPACs, has admitted that he breached the trust that he owed to his public and private investors, stealing millions of dollars from them to trade meme stocks and cryptocurrencies. This Office remains committed to rooting out fraud in the SPAC market and to protecting Main Street investors from abuses on Wall Street.” According to the allegations in the Information and statements made in public court proceedings: Between in or about June 2021 and in or about August 2022, MORGENTHAU, who was the CFO of SPAC-1 and SPAC-2, embezzled more than $5 million from the two companies. SPAC-1 had recently had its initial public offering, while SPAC-2 was raising money from private investors in preparation for its anticipated IPO. MORGENTHAU used the embezzled funds to trade equities and options of so-called “meme stocks” and cryptocurrencies, losing almost all of the money that he stole. To conceal and facilitate his embezzlement from SPAC-1, MORGENTHAU fabricated bank statements, which he provided to SPAC-1’s accountant and auditor; made and caused to be made material misstatements in SPAC-1’s public filings with the Securities and Exchange Commission (“SEC”); and transferred some of SPAC-2’s funds to SPAC-1 to cover up the funds he had misappropriated from SPAC-1. * * * MORGENTHAU, 35, of Fernandina Beach, Florida, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison. As part of his guilty plea, MORGENTHAU agreed to forfeit $5,111,335 and to pay restitution of $5,111,335. The statutory maximum sentence is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. MORGENTHAU is scheduled to be sentenced by Judge Engelmayer on April 25, 2023. Mr. Williams praised the outstanding work of the Federal Bureau of Investigation. Mr. Williams further thanked the SEC for its assistance and cooperation in this investigation. This case is being handled by the Office’s Securities and Commodities Fraud Task Force and Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Joshua A. Naftalis and Anden Chow are in charge of the prosecution. Contact Nicholas Biase (212) 637-2600 Updated January 3, 2023 Topic Securities, Commodities, & Investment Fraud Component USAO - New York, Southern Press Release Number: 23-001
OCR text (3,820c · html-text · 99% conf)
Press Release Former Chief Financial Officer Of Two SPACs Pleads Guilty To Fraud Scheme Tuesday, January 3, 2023 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Cooper Morgenthau Embezzled More Than $5 Million and Caused False Statements to Be Made to Accountant and Auditor and in SEC Filings Damian Williams, the United States Attorney for the Southern District of New York, announced today that COOPER MORGENTHAU, the former chief financial officer of two special purpose acquisition companies (“SPAC-1” and “SPAC-2”), pled guilty to one count of wire fraud in connection with a scheme to embezzle more than $5 million from the two companies. The defendant pled guilty before U.S. District Judge Paul A. Engelmayer. U.S. Attorney Damian Williams said: “Cooper Morgenthau, the former CFO of two SPACs, has admitted that he breached the trust that he owed to his public and private investors, stealing millions of dollars from them to trade meme stocks and cryptocurrencies. This Office remains committed to rooting out fraud in the SPAC market and to protecting Main Street investors from abuses on Wall Street.” According to the allegations in the Information and statements made in public court proceedings: Between in or about June 2021 and in or about August 2022, MORGENTHAU, who was the CFO of SPAC-1 and SPAC-2, embezzled more than $5 million from the two companies. SPAC-1 had recently had its initial public offering, while SPAC-2 was raising money from private investors in preparation for its anticipated IPO. MORGENTHAU used the embezzled funds to trade equities and options of so-called “meme stocks” and cryptocurrencies, losing almost all of the money that he stole. To conceal and facilitate his embezzlement from SPAC-1, MORGENTHAU fabricated bank statements, which he provided to SPAC-1’s accountant and auditor; made and caused to be made material misstatements in SPAC-1’s public filings with the Securities and Exchange Commission (“SEC”); and transferred some of SPAC-2’s funds to SPAC-1 to cover up the funds he had misappropriated from SPAC-1. * * * MORGENTHAU, 35, of Fernandina Beach, Florida, pled guilty to one count of wire fraud, which carries a maximum sentence of 20 years in prison. As part of his guilty plea, MORGENTHAU agreed to forfeit $5,111,335 and to pay restitution of $5,111,335. The statutory maximum sentence is prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge. MORGENTHAU is scheduled to be sentenced by Judge Engelmayer on April 25, 2023. Mr. Williams praised the outstanding work of the Federal Bureau of Investigation. Mr. Williams further thanked the SEC for its assistance and cooperation in this investigation. This case is being handled by the Office’s Securities and Commodities Fraud Task Force and Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Joshua A. Naftalis and Anden Chow are in charge of the prosecution. Contact Nicholas Biase (212) 637-2600 Updated January 3, 2023 Topic Securities, Commodities, & Investment Fraud Component USAO - New York, Southern Press Release Number: 23-001