'These kinds of investigations take
time, and this one is not over.'
Henry McMaster | state attorney
general
COLUMBIA - 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 General Assembly 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 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 has faced death
threats from investors and cooperated with State Law Enforcement
Division agents in their investigation.
Owen "was just an employee of the company" and "lost money as
well," Bannister said. 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 intercompany 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 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. But there is no mandatory
minimum, so even if convicted Owen might not be sentenced to any
time behind
bars.