On April 18, 2013, a federal criminal indictment charged James H. Mason with one count of securities fraud pursuant to 15 U.S.C. §§ 78j(b) and 78ff which carries a maximum prison term of 20 years and a $5 million fine, plus restitution to investor victims of the scheme.
According to allegations contained in the indictment, beginning in 2010 and continuing through March 28, 2013, Mason executed a $4.7 million foreign currency Ponzi scheme by inducing victims to invest with his investment companies, JHM Forex Only Pool and Forex Trading at Home Association, and other related entities, for the supposed purpose of investing in Over-the-Counter (“OTC”) foreign currency exchange. Please see the attached Bill of Indictment for further information.
Mason has been in local federal custody since April 15, 2013. On September 3, 2013, Chief Judge Frank D. Whitney granted a motion for a peremptory trial setting for this case. Peremptory trial settings are granted for non-routine cases that involve complex fraud with an exceptional amount of documentary evidence. On November 4, 2013, an Order to Continue was granted and a Docket Call is set for June 2, 2014 at 9:00 AM in Courtroom 1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.
In a related case, on March 27, 2013, the Commodity Futures Trading Commission (“CFTC”) filed a civil complaint against James Harvey Mason as Defendant and The JHM Forex Only Pool (f/k/a The JHM Forex Only Pool, LP), and Forex Trading At Home as Relief Defendants, case number 3:13-cv-196, in the United States District Court for the Western District of North Carolina. Also on March 27, 2013, the Honorable Graham C. Mullen issued an order appointing Joseph W. Grier, III of Grier Furr & Crisp, PA as temporary receiver (the “Receiver”) for the Defendant and Relief Defendants. This order directs the Receiver to, among other things, take custody, control and possession of all funds, property and other assets in the possession or control of Defendant and Relief Defendants and to perform all acts necessary to hold, manage and preserve the value of such assets. The website http://masonreceivership.wordpress.com is the Receiver’s primary means of communication with investors and the public.