Friday, December 11, 2020

No. 402: Brian Alfaro, a Former Texas Securities Broker, Goes to Federal Prison

On November 10, 2020, the U.S. Attorney in the Western District of Texas issued a press release announcing that Brian Keith Alfaro, a former Texas securities broker (CRD #4049120), was sentenced to 121 months in federal prison and ordered to pay restitution of almost $10 million for "scheming to defraud investors." I say "former" because Alfaro has been barred from the securities industry. The press release is in the complimentary package offered at the end of this post.

The Federal Indictments
On November 28, 2018, a federal grand jury in San Antonio handed down an eight-count sealed indictment against Alfaro. The indictment was unsealed a few days later, after Alfaro's arrest. He pleaded not guilty.

The case was assigned to U.S. District Judge Samuel F. Biery. President Clinton nominated him in November 1993. The Senate confirmed him in March 1994. He served as Chief Judge from June 2010 to December 2015.

On June 19, 2019, the grand jury handed down a superseding eight-count indictment. The seventh of the eight mail fraud counts in both indictments was later dismissed at the government's request. The superseding indictment is in the complimentary package offered at the end of this post.

The Federal Jury Trial
In early February 2020, the federal jury trial was held. The jury found Alfaro guilty on all seven remaining counts. The jury verdict form is in the complimentary package offered at the end of this post.

On November 20, 2020, the judge sentenced Alfaro to 121 months in federal prison, followed by three years of supervised release, no fine, a $600 special assessment, and restitution of almost $10 million. (See U.S.A. v. Alfaro, U.S. District Court, Western District of Texas, Case No. 5:18-cr-879.)

The Texas Order
On November 9, 2020, Texas Securities Commissioner Travis J. Iles issued an Emergency Cease and Desist Order directed at Alfaro, members of his family, and others associated with him. The order is in the complimentary package offered at the end of this post.

The FINRA Report
"Broker Check" is operated by the Financial Industry Regulatory Authority on its website (finra.org). I reviewed the report on Alfaro. He is described as a "previously registered broker" and as currently "barred." The report shows six "disclosure events" consisting of one "criminal" event, four "customer dispute" events, and one "investigation" event.

Available Material
I am offering a complimentary 32-page PDF consisting of the U.S. Attorney's press release (1 page), the superseding indictment (10 pages), the jury verdict form (3 pages), and the Texas emergency order (18 pages). Email jmbelth@gmail.com and ask for the December 2020 package about Alfaro.

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