San Antonio Express-News

Ex-financial adviser gets over 17 years for scamming retirees

- By Michael Rubinkam

SCRANTON, Pa. — A former Pennsylvan­ia financial adviser who earned millions by pushing high-risk, highfee investment­s on unsuspecti­ng retirees was sentenced Friday to more than 17 years in federal prison.

A judge said Anthony Diaz took advantage of dozens of clients, some of whom lost their life savings or were unable to send their children to college as a result of the fraud.

Diaz, who has been living in Florida, was handcuffed in the courtroom and led away to immediatel­y begin serving his sentence.

Addressing the judge, Diaz portrayed himself as the victim of an overzealou­s, misguided prosecutio­n and an unsophisti­cated jury made up of “blue-collar workers” who didn’t understand securities.

“I believed in the products I sold,” Diaz said. “I did not create a scheme to intentiona­lly hurt people.”

U.S. District Judge Malachy Mannion called Diaz an unrepentan­t and sophistica­ted criminal who brazenly “lied through his teeth” to the jury, then repeated the lies in his statement to the court Friday.

The federal prosecutio­n was highly unusual in that Diaz did not steal people’s nest eggs. Rather, jurors were told, Diaz had unsuspecti­ng customers sign blank documents, then falsified their net worth, income, investment experience and risk tolerance to make it appear they met the suitabilit­y requiremen­ts of the products.

The case illustrate­d how problem brokers can bounce from firm to firm despite racking up consumer complaints and rules infraction­s. Diaz was affiliated with 11 investment firms in 15 years, getting booted from five of them and resigning from another before Wall Street’s regulator finally kicked him out of the securities industry.

The 11 clients whom Diaz was charged with defrauding lost as much as $3.5 million, according to court documents, but Mannion said he had received victim impact statements from 30 people.

The judge ordered Diaz to pay restitutio­n, though it’s unlikely his former clients will see any money. The Financial Industry Regulatory Authority had previously ordered Diaz to pay some $4 million in damages to 19 former clients, but the government’s sentencing memo said Diaz had not repaid “a single dime” to his victims.

Bruce Kilby, a retired pharmaceut­ical company worker who invested about $350,000 with Diaz, won a $220,000 arbitratio­n award against him several years ago but said in court Friday that Diaz once told him, “You will never get a penny.“

Another victim, Ana Alicia Plasencia, said Diaz gained control of all the UPS stock that her husband had amassed over 34 years with the company, put the money into alternativ­e investment­s that her husband did not understand, and lost all of it, making them destitute.

“Where is my money, Mr. Diaz? Where is it? What did you do with it?” said Plasencia, a real estate agent who turns 78 in a few days and said she still has to work to make ends meet.

Plasencia added that her husband, Robert, was deeply depressed before his 2017 death.

“My husband died a broken, very sad man,” she said, sobbing.

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