COLUMBIA, S.C. - The former president of
Carolina Investors was released on bail Friday after he was indicted
on 23 counts of security fraud.
Larry C. Owen, 60, of Easley was indicted Thursday by the state
grand jury investigating the collapse of the Pickens company. At an
arraignment Friday morning, Circuit Judge G. Thomas Cooper set
Owen's bond at $100,000 and bail was quickly posted.
The indictments are the first in an investigation that began in
June, state Attorney General Henry McMaster said. "These kinds of
investigations take time, and this one is not over," he said.
Carolina Investors and its parent company HomeGold filed for
bankruptcy protection last spring, saying they owed creditors an
estimated $275 million.
About 8,000 people had deposits in Carolina Investors, which
closed in March.
McMaster would not say Friday whether others face charges in the
case. In the end, McMaster said, he hopes the case raises consumer
confidence and deters others from committing securities crimes.
The indictments are the first since the Legislature gave the
state grand jury the authority to examine investment acts earlier
this year.
"I personally can't make any comments because I don't really know
anything about the indictments," Owen said Thursday. On Friday, Owen
told the judge he is not guilty and asked for a jury trial.
Owen's lawyer Bill Bannister Sr. of Greenville asked the judge to
let Owen go free until trial without putting up any money. Bannister
said his client is not a flight risk and that Owen cooperated with
State Law Enforcement Division agents in their investigation.
Prosecutor Sherri Lydon disagreed..
Normally the ties to the community would be strong, "but due to
widespread nature of the alleged fraud ... there is actually much
hostility in the community toward him," Lydon told Cooper. "I don't
think his incentive to stay there is as strong as it normally might
be."
Bannister emphasized that Owen showed no evidence he'd bolt. When
Carolina Investors shut its doors, Owen stayed to face investors,
the defense lawyer said.
"He's had death threats on his life from people in that
community," Bannister said. "If he had had any intention of fleeing
... he would have ducked out and cut and run and been gone."
Owen "was just an employee of the company" and "lost money as
well," Bannister said after the hearing. Apart from his paycheck,
"he never gained any profit."
Owen was president of Carolina Investors from 1989 until this
year and for most of that time was the company's chief executive
officer.
The indictment alleges Owen used false statements and omitted
facts about the troubled company to induce investments or prevent a
"run on the money." According to the indictment, Owen asked
employees to notify him when any investor wanted to withdraw money,
so he could persuade them not to take it out.
"I'm just caught up in this. ... I was going to use the interest
off of this" to live a meager lifestyle, said 76-year-old investor
Roselle Anderson of Pickens.
Anderson told Cooper she had lost her family inheritance and the
money she had saved for retirement. "I'm going to have to go back to
work," she told the judge.
In 1995, according to the indictment, Carolina Investors' parent
company began a series of inter-company loans, borrowing $15
million. Carolina Investors stopped external lending activities and
focused on selling debt securities to fund its parent company's
operations, according to the indictment.
Three years, later, HomeGold "suffered substantial operating
losses," according to the indictment. It began to buy back bonds it
sold in a $125 million offering, repurchasing the bonds at 37
percent to 60 percent of their face value "reflecting concern in the
bond market that HomeGold's financial condition would prevent it
from paying the bonds when due," according to the indictment.
Carolina Investors continued selling securities at 100 percent of
the face value, according to the indictment.
HomeGold continued to lose money, even after merging with another
firm, according to the indictment.
The company's accounting firm, Elliott Davis, explained "auditors
had substantial doubt as to whether Carolina Investors would be able
to stay in business as a growing concern," according to the
indictment.
Owen, the indictment alleges, misled investors about the
company's financial condition and resisted the auditor's concerns,
fearful that "the negative information, which was included in the
prospectus, might dissuade potential investors from investing or
influence existing investors to withdraw their investments."
Owen faces a maximum penalty of 216 years in prison and more than
$1.1 million in fines if he is convicted. However, there is no
mandatory minimum, so even if convicted Owen might not be sentenced
to any time behind
bars.