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Date: 08-13-2017

Case Style:

United States of America v. David Brian Binder

Federal Courthouse - El Paso, Texas

Case Number: 3:14-cr-01237-DCG

Judge: David E. Guarderrama

Court: United States District Court for the Western District of Texas (El Paso County)

Plaintiff's Attorney: Ian Hanna and Stanley Serwatka

Defendant's Attorney: Mary Stillinger

Description: El Paso, TX - Pennsylvania Man Sentenced to Federal Prison in Multi-Million-Dollar Pyramid Scheme

In El Paso on July 27, 2017, a federal judge sentenced 61-year-old David Brian Binder of Pittsburg, PA, to 30 months in federal prison followed by three years of supervised release for his role in a Ponzi scheme that resulted in an estimated $14 million loss announced United States Attorney Richard L. Durbin, Jr.

In addition to the prison term, United States District Judge David C. Guaderrama ordered that Binder pay a $5,000 fine and $503,027.90 restitution.

On March 3, 2017, Binder pleaded guilty to one count of wire fraud. By pleading guilty, Binder admitted to helping his co-defendant, 40-year-old self-proclaimed licensed investment broker and Mexican businessman Roberto Trinidad Del Carpio Frescas, keep proceeds from the scheme out of the hands of potential creditors as well as lying to them about protecting their investments.

On March 15, 2017, Judge Guaderrama sentenced Del Carpio of Chihuahua, Mexico, to 235 months in federal prison followed by three years of supervised release. On Tuesday, Judge Guaderrama ordered Del Carpio to pay $5,402,661 in restitution to his victims. On February 19, 2016, a federal jury convicted Del Carpio of Chihuahua, MX, of 24 counts of wire fraud and ten counts of money laundering.

Evidence presented during trial revealed that Del Carpio held himself out to have superior knowledge and ability as an investor in stocks, bonds, futures in oil, gas, precious metals and currency. Though he was not licensed in the state of Texas as a dealer, or registered as an investment adviser, Del Carpio formed several companies in Texas including SMI International Institute Corporation (aka Stock Market Investment), Del Carpio Trading Institute LLC, and one in the Cayman Islands, Del Carpio Holdings, to facilitate his scheme.

From August 2010 until January 2012, Del Carpio and others collected money from over 100 known investors in Mexico and the United States. Del Carpio pocketed most all of the funds he collected though he did pay minimal amounts of money to “early” investors as a return on their investment and to encourage his victims to invest more of their money with him.

Outcome: Defendant was sentenced to 30 months in federal prison followed by three years of supervised release. He was ordered pay a $5,000 fine and $503,027.90 restitution.

Plaintiff's Experts:

Defendant's Experts:


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