By David Dykes BUSINESS WRITER ddykes@greenvillenews.com
Ronald J. Sheppard, according to prosecutors, is a white-collar
criminal who for nearly three years engaged in fraud and deception
that victimized companies and investors.
They say that despite massive losses and continuously
unprofitable operations at his company, HomeGold Financial Inc.,
Sheppard lived an extravagant lifestyle that included average
compensation of $1.3 million, a million-dollar motorhome and a
$100,000 bill for a personal trainer.
The former HomeGold chief executive officer says, however, he
kept alive the hope a broken business could survive and personally
guaranteed tens of millions of dollars of bank loans to try to turn
the company around.
Further, he says he was denied the chance to tell the state grand
jury what he believes.
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Thus, the stage is set for an intense legal battle between
Attorney General Henry McMaster and lawyers for Sheppard, who was
indicted Wednesday on multiple criminal counts in his alleged role
in the financial collapse of Pickens-based Carolina Investors Inc.,
a wholly owned HomeGold subsidiary.
It will be the next battle of wills between an attorney general
who has obtained guilty pleas or successfully prosecuted four former
HomeGold and Carolina Investors officers, and a 48-year-old
Lexington resident who has been a lighting rod of outrage among
Carolina Investors' customers while steadfastly maintaining his
innocence.
About 12,000 people, mostly from the Upstate, lost an estimated
$278 million when Carolina Investors ran out of money and closed its
doors in March 2003. It marked the sad ending to a company founded
in 1963 by the late businessman Dwight Holder, who owned and
operated a chain of perpetual care cemeteries.
"There was enormous damage done to many investors, people of this
state who presumed that people were following the law and treating
them appropriately in their investment matters," McMaster said
Thursday in announcing Sheppard's indictment in Columbia.
"This is a very serious case. We are treating it very seriously,"
McMaster told reporters. "I assure you that we are following all
leads and all evidence to whomever and wherever it leads us."
Sheppard was indicted by the state grand jury on two counts each
of forgery and insurance fraud, as well as one count each of
securities fraud, bank fraud, breach of trust, perjury, conspiracy
and obtaining a signature or property under false pretenses,
McMaster said.
If convicted on all 10 counts, Sheppard could face 57 years in
prison and more than $165,500 in fines. He will appear before
Circuit Judge Reginald Lloyd in Columbia for a bond hearing Tuesday.
Sheppard's attorney, Jim Griffin of Columbia, said in a statement
Sheppard will plead not guilty to all charges and will mount an
aggressive defense.
"We are thankful that the proceedings are now outside the control
of the attorney general, outside the veil of secrecy of grand jury
proceedings and in the courts where Ronnie will get a public trial,"
Griffin said.
"You can be sure that these jurors will be told the truth about
Ronnie Sheppard's 28-month tenure at HomeGold."
Griffin also said Sheppard "was denied the opportunity" to tell
the state grand jury about his role at HomeGold.
Griffin didn't elaborate, but Jennifer Evans, chief of the state
grand jury, told The Greenville News, "It's up to the grand jurors
to decide who they want to hear from. This is the grand jurors'
investigation."
According to McMaster and the state grand jury indictment,
Sheppard's alleged misconduct began in May 2000 when HomeGold was
combined with HomeSense Financial Corp. in a merger of mortgage
companies. Sheppard was HomeSense's primary shareholder, the 40-page
indictment alleges.
HomeGold, based in Greenville at the time, and HomeSense both
wrote and sold mortgage loans to homebuyers with spotty credit
histories. The merged companies kept HomeGold's name and its status
as a publicly traded company.
After the merger, Sheppard became CEO and a director of HomeGold.
He also became a director of Carolina Investors.
HomeGold's business was funded through loans from Carolina
Investors, which sold unsecured notes and debentures to the public,
according to Securities and Exchange Commission documents.
After Holder founded Carolina Investors, the company financed the
sale of cemetery plots through the annual sale of one-year
subordinated debentures and notes. Carolina Investors then began
other types of lending in South Carolina, including sub-prime loans
for mortgages, automobiles and appliances.
In May 1991, Carolina Investors was acquired by National Railway
Utilization Corp., which later changed its named to Emergent. That
company ultimately became HomeGold.
For HomeGold, as the inter-company debt to Carolina Investors
grew, its ability to repay became increasingly less likely,
Sheppard's indictment alleges. But it was necessary for Sheppard and
other unidentified HomeGold individuals "to keep this fact hidden"
from members of the Carolina Investors' board, government regulators
and the purchasers of the Carolina Investors' investment products,
according to the indictment.
Sheppard and others, who were not named, also marketed loan pools
that were manipulated to increase their value to potential
investors, the indictment alleges. Sheppard and the others falsified
credit scores and manipulated mortgage payments to increase the
value of the loan pools, a security under South Carolina law,
according to the indictment.
The indictment also alleges Sheppard misrepresented the value of
his assets on a business credit application to a bank and submitted
false information on a corporate liability insurance policy.
Further, Sheppard committed perjury by giving "false, misleading
or incomplete" testimony under oath at a deposition during
bankruptcy proceedings, according to the indictment.
But Griffin, Sheppard's attorney, said in his statement he plans
to tell jurors in court that Sheppard merged his successful mortgage
business with a company whose prior management had raised and spent
more than $400 million.
"Obviously HomeGold was broken and in bad need of repair,"
Griffin said. "These jurors will know that when Sheppard was given
the keys to the sinking ship called HomeGold, there was little to no
money left and that HomeGold's lenders were pulling the lines of
credit in place."
Sheppard tried to right the sinking ship even though he had never
run a public company, never raised money through securities
offerings and never served on a board of any company, Griffin said.
"We intend to show at trial that Ronnie Sheppard relied upon
HomeGold's accountants and lawyers" to make the appropriate filings
with the Attorney General's Office and disclosures to investors,
Griffin said.
"These accountants and lawyers were paid over a million dollars
to do this and they were some of the most prestigious members of
their profession," he said.
Griffin said the lawyers and accountants "fully and fairly"
disclosed HomeGold's dire financial condition to the attorney
general, who also is the state's securities commissioner, and the
sale of Carolina Investors securities continued.
Sheppard was president and chief executive officer of HomeGold
from May 1, 2000, through Dec. 18, 2002, according to court records.
He also was a member of the board of directors from May 1, 2000,
through Nov. 19, 2002, court records show.
He was the second former HomeGold official indicted by the state
grand jury in the case.
Former HomeGold chief financial officer Karen Miller, after her
indictment, pleaded guilty in September to a single conspiracy
charge of filing misleading reports with the SEC and withholding key
information from Carolina Investors board members.
In addition, two former Carolina Investors officials have pleaded
guilty to securities fraud charges and a third was found guilty by a
jury.
Former president Larry C. Owen, 62, is serving eight years in
prison for 22 counts of securities fraud. His wife, Anne, former
senior vice president of investments, pleaded guilty in July to
eight counts of securities fraud. She is awaiting sentencing.
In 2004, former Lt. Gov. Earle Morris Jr., who was Carolina
Investors chairman, was found guilty of 22 counts of securities
fraud. He was sentenced to 44 months in prison, but is out on bond,
awaiting his appeal.
None of the indictments might have been possible without a law
that took effect in 2003, McMaster said. The bill sponsored by Sen.
Larry Martin, R-Pickens, gave the state grand jury the power to
investigate securities crimes and pays for investigators who can
concentrate on prosecuting securities crimes.
McMaster, meanwhile, said his investigation is continuing and has
been aided by cooperation of other defendants in the case, including
Miller.
"We have hundreds of thousands of pages of documents that have
been produced, some voluntarily, some in response to the state grand
jury subpoenas," he said. "It is a lengthy, detailed, white-collar,
very serious investigation and we are vigorously working on the
case. It's taken a number of months to get to this point."
For the thousands of people, many of whom are elderly and
retired, who lost money when Carolina Investors collapsed, "the
stories are horrific and tragic of the consequences of that loss,"
McMaster said. "But that is exactly what happens with the breach of
trust that's involved in securities fraud." |