United States of America v. Jay Lucas

New York, New York, criminal defense lawyer represented the Defendant charged with securities fraud, investment adviser fraud, wire fraud, and money laundering. The charges in the Indictment arise from an alleged scheme by LUCAS to raise more than $50 million from investors by falsely representing that their money would be invested in early-stage health and wellness companies, when in fact it was diverted to cover personal expenses, promote unrelated ventures, and make Ponzi-like payments to earlier investors.

“Jay Lucas allegedly systematically misappropriated millions of dollars from his investors, diverting their money to personal expenses, repayments to other investors, and his wife’s business,” said FBI Assistant Director in Charge Christopher G. Raia. “As the fund’s managing partner, Lucas’s alleged deceit not only failed to sustain his company’s operations but also betrayed the trust of his clients and employees. The FBI remains committed to investigating any business executive who abuses their authority to satisfy selfish interests at the cost of others.”

According to the allegations contained in the Indictment unsealed today:[1]

LUCAS is the founder and managing partner of LBE and three private funds: Lucas Brand Equity LP (“Fund One”), L.B. Equity Emerging Growth LP (“Fund Two”), and L.B. Equity Wellness Growth L.P. (“Fund Three”). Since 2017, LUCAS has defrauded investors through fabricated credentials and systematic misappropriation of their funds.

LUCAS falsely claimed to have co-founded a well-known private equity firm, which he did not, eventually prompting a cease-and-desist demand from that firm’s lawyers. He told investors that LBE’s “core strategy is to invest in these small to mid-size emerging brands, provide value-added services to differentiate them and catalyze growth to a sufficient scale for exit.” In reality, LUCAS spent investor money on personal expenses including alimony, rent, a vanity newspaper project in his hometown, and political consultants. He used new investor money to pay earlier investors in Ponzi-like fashion, enriching himself while starving the Funds and portfolio companies of capital. LUCAS also funneled investor money to Immunocologie, a luxury skincare business run by LUCAS’s wife. Most purported investments in Immunocologie went to “marketing” expenses, such as parties and trips to luxury resorts where LUCAS’s wife promoted “brand awareness.” Investors were unaware that LUCAS was using their money to fund his wife’s social calendar, and many investors did not even know that the person operating Immunocologie was married to LUCAS. Moreover, LUCAS arranged for LBE, not the Funds, to take majority ownership interest in Immunocologie, giving himself and not his clients an equity interest in the business.

LUCAS’s misconduct left the Funds chronically undercapitalized and unable to cover basic fund expenses, including salaries for LBE employees. When LBE employees confronted LUCAS about his misuse of investor funds, he dismissed their complaints. Internally, employees continued to express frustration about LUCAS’s misuse of investor money, writing that LUCAS’s spending was “not spending on LBE,” was “literally fraudulent,” and was “a huge betrayal of investor trust and most likely illegal.” After multiple confrontations, employees feared pressing further would cost them their jobs.

As of the date of this Indictment, none of the Funds’ investments have paid off, and no investors have received returns. The Funds and their portfolio companies have hemorrhaged cash and been unable to cover basic expenses while LUCAS and his family have taken the Funds’ money to serve their own interests.

* * *

LUCAS, 71, of Portsmouth, New Hampshire, was charged in an Indictment with one count of securities fraud, one count of wire fraud, and one count of money laundering, each of which carries a maximum term of 20 years in prison, and one count of investment adviser fraud, which carries a maximum term of five years in prison.

The maximum potential sentences in this case are prescribed by Congress and provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.

Mr. Clayton praised the outstanding work of the FBI. Mr. Clayton also thanked the U.S. Securities and Exchange Commission for their assistance and cooperation in the investigation.

This case is being handled by the Office’s Securities and Commodities Fraud Task Force. Assistant U.S. Attorneys Adam S. Hobson and David J. Robles are in charge of the prosecution.

15:78J.F MANIPULATIVE AND DECEPTIVE DEVICES (SECURITIES FRAUD)
(1)
15:80B.F DISCLOSURE OF INFORMATION BY COMMISSION (INVESTMENT ADVISER FRAUD)
(2)
18:1343.F FRAUD BY WIRE, RADIO, OR TELEVISION
(3)
18:1956-4999.F MONEY LAUNDERING - FRAUD, OTHER
(4)

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.