Easley lawyer Candy Kern-Fullercommitted egregious ethical violationsas the "central banker" of ascheme involving the illegal sale of military benefits, according to an attorney for the state of Arizona and a retired law professor at the University of South Carolina.
NEW: Easley attorney agrees to end 'civil conspiracy' of buying and selling veterans' benefits
The 51-year-old founder of Upstate Law Group and her cohorts profited by defrauding financially distressed veterans and unwitting investorsacross the country, her accusers say.
As part of a continuing investigation, The Greenville News and Anderson Independent Mail obtained and revieweda1,139-page transcript that was filed last week from an August hearing in Phoenix. Kern-Fuller invoked her Fifth Amendment right to remain silent 164 times during the hearing before the Arizona Corporation Commission.
Reading this story on a mobile device browser? Download our app for a better experience
"Facts show that she participated in illegal activity that was so egregious it could lead a reasonable person to conclude she operated or managed a criminal enterprise," retired professor John Freeman stated in a report submitted to the commission.
The Greenville Newscalled Kern-Fuller twice on Thursday and sent an email seeking comment. She did not respond.
WATCHDOG JOURNALISM
Our investigative reporters devote hours, days and months for stories of interest to the public. Local stories such asthis require resources. Please help by becoming a subscriber.
Freeman, who taughtcorporate law, securities lawand legal ethics for more than 30 years, testified as an expert witness during the six-day hearing.
The Arizona Corporation Commissionoversees corporations, securities and utilities in Arizona. The proceedings wererelated to enforcement actionsthat the commission is considering against Kern-Fuller, her firm,three other individuals and two companies that allegedly sold $371,191 in military benefits to Arizona investors in 2017.
The commission seeks a cease-and-desist orderandunspecified restitution.
According to investigators, the arrangements matched veterans seeking lump-sum payments with investors seeking safe returns.Kern-Fuller, whom Freeman described as the "central banker,"and others coordinating the transactions collected fees and commissions. It's not clear how much they earned.
Candy Kern-Fuller.(Photo: File photo)
Freeman said at the hearing that Kern-Fuller didn't acknowledgeconflicts of interest stemming from her involvement withinvestors and veterans. He also said that she provided investors with inadequate risk disclosures thathe described as "gibberish" and a "travesty."
Jamie Burgess, a staff attorney for the commission's securities division, saidKern-Fuller failed to let investors know that thecompanies involved in thetransactions had been barred from doing businessin eight states. She also neglected to mention that it is illegal to buy and sell veterans' disability benefits and pensions, he said.
"The investment documents failed to disclose this is the elephant in the room that federal law prohibits these transactions," Burgess said.
And the paperwork provided to investors was "highly deceptive, misleadingand fraudulent," Burgess said.
Kern-Fuller's attorneyRobert Zelmssaid at the hearing, "This is not a legal malpractice case; this isnot an ethics case... Upstate Law Group, Candy Kern-Fuller did not create these products and transactions that are in question; they did not promote them; they did not market them; they did not sell them. They were involved in the preparation of the closing documents."
An expert witness for Kern-Fuller, William Higgins an attorney whoserveson professional-responsibility and ethics-advisory committees for the South Carolina Bar said, "I fear that Professor Freeman and his report was frankly designed to just make Ms. Kern-Fuller and Upstate Law Group look bad."
A ruling in the case is expected to come next year.
Burgess said Kern-Fuller and her law firm are part of a larger enterprise that includes Arkansas businessman Andrew Gamber and at least two other companies.
In April, the Arizona Corporation Commission issued a cease-and-desist orderthat requires Gamber, 39, BAIC Inc. and SoBell Corp. to repay nearly $2.7 million from 53 transactions involving military benefits completed from 2013 to 2015 in the state.
Dozens of the transactions fell apart when veterans stopped making monthly payments from their military pensionsas arranged.
The involvement of veterans was part of what attracted many investors in the first place, records show.
In her testimony, investor Carolyn Blythe Strong said her father was in the U.S. Coast Guard and served during World War II.
"And so, for me, I have a really soft spot in my heart for veterans... and helping them, particularly with their retirement, was a plus to me," she said.
Other investors who lost money included a retired nurse who was forced to take a minimum-wagejob and a retired Arizona state judge.
"Instead of modest, steady, safe retirement income, the investors got wreckage," Burgess said. "They have lost large portions of their life savings."
- Gabe Cavallaro, Mike Ellis,Ariel Gilreath,Conor Hughes,Nikie Mayo, Anna Mitchell and Haley Walters contributed to this report.
Coming soon:A 12-month investigation by The Greenville News details through court documents and exclusive interviews how investment brokers specifically targeted often-vulnerable veterans by offering cash in exchange for military benefits, often leaving both the veterans and investors in worse financial straits.
Billion-dollar 'Ponzi scheme': Marshals capture Scott Kohn, accused in Greenville of preying on veterans and investors
Read or Share this story: https://www.greenvilleonline.com/story/news/local/south-carolina/2019/09/27/sc-lawyer-accused-ethics-violations-bilked-investors-targeted-veterans/3780561002/
Read the original post:
- Fifth Amendment - The Text, Origins, and Meaning of the ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 5th Amendment - Revolutionary War and Beyond [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Fifth Amendment to the United States Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Justices suggest public employees' testimony is protected [Last Updated On: April 29th, 2014] [Originally Added On: April 29th, 2014]
- HST 330 fifth amendment presentation - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Police not sure if Sioux City murder suspect invoked 5th Amendment rights [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Christie Ally Samson Refuses to Give Documents to Lawmakers [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- House votes to hold ex-IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold ex-IRS official Lois Lerner in contempt of Congress [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House holds Lois Lerner in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- House votes to hold former IRS official in contempt [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- Articles about Fifth Amendment - Los Angeles Times [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Former PA Chairman Samson Pleads Fifth - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- GOP-led House votes to hold former IRS official in contempt [Last Updated On: May 12th, 2014] [Originally Added On: May 12th, 2014]
- No plans to arrest Lois Lerner, John Boehner says [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Im not going to testify: Witness pleads Fifth Amendment during Bangor triple murder trial [Last Updated On: May 13th, 2014] [Originally Added On: May 13th, 2014]
- Attorney: Defense told Corso will take Fifth [Last Updated On: May 16th, 2014] [Originally Added On: May 16th, 2014]
- Spokane County workers use Fifth Amendment in back-dating case - Thu, 22 May 2014 PST [Last Updated On: May 22nd, 2014] [Originally Added On: May 22nd, 2014]
- Shawn Vestal: County permit clerical mishap raises eyebrows - Fri, 23 May 2014 PST [Last Updated On: May 23rd, 2014] [Originally Added On: May 23rd, 2014]
- Sexual abuse measure could lead to wrongful convictions, attorneys say [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- 5th Amendment - Laws.com [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Wildstein takes the 5th - Video [Last Updated On: August 31st, 2014] [Originally Added On: August 31st, 2014]
- Fifth Amendment (United States Constitution ... [Last Updated On: September 2nd, 2014] [Originally Added On: September 2nd, 2014]
- New bill a powerful tool to imprison sex offenders [Last Updated On: September 3rd, 2014] [Originally Added On: September 3rd, 2014]
- Cristin Milioti in The Good Wife - Julianna Margulies - Video [Last Updated On: September 4th, 2014] [Originally Added On: September 4th, 2014]
- Kansas Supreme Court: Grand jury violated man's Fifth Amendment rights [Last Updated On: September 6th, 2014] [Originally Added On: September 6th, 2014]
- Attorney Gwendolyn Solomon Petitions United States Supreme Court to Review Tenth Circuits Decision in Case of the IRP6 [Last Updated On: September 9th, 2014] [Originally Added On: September 9th, 2014]
- Texas man's conviction overturned because of Fifth Amendment violation [Last Updated On: September 10th, 2014] [Originally Added On: September 10th, 2014]
- Cop Says 'You Must Be Doing Something Wrong if You Invoke Your Rights' (Video) [Last Updated On: September 12th, 2014] [Originally Added On: September 12th, 2014]
- Public be damned Litchfield latest example [Last Updated On: September 14th, 2014] [Originally Added On: September 14th, 2014]
- Volokh Conspiracy: What the posse comitatus case might mean for the future of the exclusionary rule [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Fifth Amendment - Video [Last Updated On: September 15th, 2014] [Originally Added On: September 15th, 2014]
- Top 5 Constitution-Related Searches at FindLaw.com [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- The Fifth Amendment Eminent Domain - Video [Last Updated On: September 19th, 2014] [Originally Added On: September 19th, 2014]
- Apple And Google Will Force A Legal Battle Over The Privacy Of Your Passcode [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Civics- The Fifth Amendment (Sarah Hutchinson) - Video [Last Updated On: September 20th, 2014] [Originally Added On: September 20th, 2014]
- Google and Apple Wont Unlock Your Phone, But a Court Can Make You Do It [Last Updated On: September 22nd, 2014] [Originally Added On: September 22nd, 2014]
- GOP fumes over Lerner remarks [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- Assistant to DeKalb CEO Ellis invokes 5th Amendment 30 times [Last Updated On: September 23rd, 2014] [Originally Added On: September 23rd, 2014]
- GOP fumes as Lois Lerner talks to press but snubs Congress [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Cry us a river, Lois Lerner [Last Updated On: September 24th, 2014] [Originally Added On: September 24th, 2014]
- Can You Go to Jail for Refusing to Testify? [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- Fifth Amendment Projectb - Video [Last Updated On: September 25th, 2014] [Originally Added On: September 25th, 2014]
- The Commander Cody Band - Take The Fifth Amendment - 8/5/1977 - Convention Hall (Official) - Video [Last Updated On: September 27th, 2014] [Originally Added On: September 27th, 2014]
- Joey Gallo Takes The Fifth Amendment - Video [Last Updated On: September 29th, 2014] [Originally Added On: September 29th, 2014]
- Batavia High School teacher John Dryden retires from school district [Last Updated On: October 3rd, 2014] [Originally Added On: October 3rd, 2014]
- Batavia High School teacher John Dryden retires [Last Updated On: October 4th, 2014] [Originally Added On: October 4th, 2014]
- The Fifth Amendment Please Don't Leave Me Now - Video [Last Updated On: October 6th, 2014] [Originally Added On: October 6th, 2014]
- Man Denied Fifth Amendment While In Court Wearing Anti-Police Shirt, Still Won His Case (Video) [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- Batavia teacher previously involved in Fifth Amendment dispute retires [Last Updated On: October 7th, 2014] [Originally Added On: October 7th, 2014]
- INFORMUCATE: THE FIFTH AMENDMENT - Video [Last Updated On: October 8th, 2014] [Originally Added On: October 8th, 2014]
- Fairholme Funds Appeals Fannie Mae and Freddie Mac Verdict [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. - Video [Last Updated On: October 10th, 2014] [Originally Added On: October 10th, 2014]
- Code cases: Police want phone access, but some pass [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- Fresno Police Officer violated fifth amendment at a dui checkpoint. part 2 - Video [Last Updated On: October 12th, 2014] [Originally Added On: October 12th, 2014]
- Property Rights | Century Law Group - Video [Last Updated On: October 20th, 2014] [Originally Added On: October 20th, 2014]
- Agents questioned, Askar takes the Fifth in Trombetta hearing [Last Updated On: October 21st, 2014] [Originally Added On: October 21st, 2014]
- Scott and Crist have heated and personal final debate before November election [Last Updated On: October 22nd, 2014] [Originally Added On: October 22nd, 2014]
- Detective dodges questions about allegations made during rape investigation [Last Updated On: October 25th, 2014] [Originally Added On: October 25th, 2014]
- Disciplinary hearing for SB officer moved to later date - Video [Last Updated On: October 27th, 2014] [Originally Added On: October 27th, 2014]
- Judge Rules Suspect Can Be Required To Unlock Phone With Fingerprint [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia judge: Police can demand a suspect unlock a phone with a fingerprint [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Court rules: Touch ID is not protected by the Fifth Amendment but Passcodes are [Last Updated On: October 31st, 2014] [Originally Added On: October 31st, 2014]
- Virginia Court: LEOs Can Force You To Provide Fingerprint To Unlock Your Phone [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Civil Rights and Civil Liberties - Fifth Amendment - Shh! The Right to Remain Silent - Video [Last Updated On: November 1st, 2014] [Originally Added On: November 1st, 2014]
- Your Fingerprints Belong To Us: Iphone Users Forfeit 5th Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]
- All Your Fingerprints Are Belong To Us: iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 2nd, 2014] [Originally Added On: November 2nd, 2014]
- Log into Tax-News+ [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Editorial: Applying the Fifth Amendment in the era of smartphones [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Volokh Conspiracy: Virginia state trial court ruling on the Fifth Amendment and smart phones [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- Fingerprints: iPhone Users Forfeit Fifth Amendment. - Video [Last Updated On: November 4th, 2014] [Originally Added On: November 4th, 2014]
- New ruling may affect police access to smartphones - Video [Last Updated On: November 6th, 2014] [Originally Added On: November 6th, 2014]
- Why the Constitution Can Protect Passwords But Not Fingerprint Scans [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- Virginia state trial court ruling on the Fifth Amendment ... [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- Is taking the fifth amendment a bad idea? - Video [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- IT Security TV Show 4 November 2014 - iPhone Users Forfeit Fifth Amendment - Video [Last Updated On: November 7th, 2014] [Originally Added On: November 7th, 2014]
- the fifth amendment happy parody project song for connections - Video [Last Updated On: November 8th, 2014] [Originally Added On: November 8th, 2014]
- 13-year-olds murder conviction overturned [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Your Fifth Amendment Rights DO NOT Cover Biometrics - Video [Last Updated On: November 11th, 2014] [Originally Added On: November 11th, 2014]
- Philadelphia charter school officials pleaded Fifth 77 times [Last Updated On: November 12th, 2014] [Originally Added On: November 12th, 2014]