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The Securities and Exchange Commission today announced the filing of a settled civil injunctive action in the United States District Court for the Eastern District of Virginia against Ralph Gregory Gibbs, a resident of New Haven, West Virginia, who operated an offering fraud and "Ponzi" scheme. Based on Gibbs' promises that they would receive large returns on their investments and guaranteed returns of their principal, a significant number of the investors, many of whom were elderly, retired or otherwise living on limited incomes, liquidated their retirement savings or obtained home equity loans to invest the money with Gibbs.
Simultaneous with the filing of the Commission's action, the U. S Attorney's Office for the Eastern District of Virginia, announced that Gibbs pleaded guilty to criminal charges related to this conduct.
Gibbs further represented that, due to his unique trading expertise, he could generate these exceptional returns by pooling investor funds and subsequently using those funds to trade currencies on the Foreign Exchange Market Forex. Gibbs, however, from the outset, operated a Ponzi scheme, which effectively created the illusion for investors that they were investing in a profitable trading program rather than a fraudulent scheme.
As part of this scheme, Gibbs made numerous material misrepresentations and omissions to investors concerning, among other things, the nature of the purported investment, the risks of investing, the use of the investors' proceeds, the source of the investors' returns, and his current and previous trading performance.
As a result of this conduct, the Complaint alleges that Gibbs violated Sections 5 a , 5 c and 17 a of the Securities Act of Securities Act , and Section 10 b of the Securities Exchange Act of Exchange Act and Rule 10b-5 thereunder. The Commission acknowledges the assistance of the U. Attorney's Office for the Eastern District of Virginia, the Federal Bureau of Investigation, the U.
Postal Inspection Service, the West Virginia State Auditor's Office, and the U. Commodity Futures Trading Commission. The Commission has provided information warning investors about High Yield and other offering frauds. SEC Complaint in this matter.
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