Mr. Schoeppl Has Substantial Federal and State Civil and Criminal Prosecutorial Experience in Major Cases:
Carl F. Schoeppl is a former senior federal prosecutor with the SEC in Miami, Florida and prosecuted some of the most notable securities fraud cases on behalf of the SEC in federal courts for over half a decade throughout the Southeastern United States at that time. Significantly, Mr. Schoeppl never lost a case as a prosecutor for the SEC.
SEC v. Jason M. Chapnick, et al., Case No. 90-6793-CIV-GONZALEZ (S.D. Fla.).
In Chapnick, Mr. Schoeppl prosecuted former executive officers of Commonwealth Savings and Loan Association of Florida (“Commonwealth”) and its broker-dealer subsidiary CommVest Securities, Inc. in a $33 million securities enforcement action on behalf of the SEC. The SEC alleged that Jason M. Chapnick, the former Vice President and Treasurer of Commonwealth masterminded an elaborate financial fraud wherein he effected commodities transactions through CommVest that resulted in accumulated undisclosed losses of $33 million. To conceal and perpetuate the massive fraud, Jason M. Chapnick allegedly, with the assistance of Kenneth D. Fletcher, the President of CommVest, created false financial statements, fictitious trading documents, caused false entries to be made in Commonwealth’s books and records, and diverted approximately $37 million in funds he controlled from some of the largest depositors of Commonwealth, including, the City of Coral Springs, Florida to create a secret pool of funds that he used to cover the trading losses and fund continued trading. The alleged fraud was so significant that it contributed to the insolvency and eventual collapse of Commonwealth. The failure of Commonwealth was one of the largest S&L failures in Florida history. Mr. Schoeppl assisted the U.S. Attorney’s Office for the Southern District of Florida in a parallel criminal investigation that resulted in a 54-count federal indictment against Jason M. Chapnick, Fletcher, and another defendant. Jason M. Chapnick pled guilty to certain of the charges and was sentenced to 46 months in prison and ordered to pay $33 million in restitution. The Florida Bar also disbarred Jason M. Chapnick from the practice of law for disciplinary charges arising out of the case. Fletcher pled guilty to certain of the criminal charges and was barred from the securities industry in a follow-up SEC administrative proceeding.
SEC v. Omni Capital Group, Ltd., et al., Civil Action No. 92-8247-CIV-GONZALEZ (S.D. Fla.).
In Omni Capital, Mr. Schoeppl prosecuted a recidivist who allegedly defrauded 150 investors of more than $27 million in a massive Ponzi scheme in which money from new investors was used to buy back the partnership interests of old investors of the now defunct Omni Capital Group, Ltd. (“Omni Capital”). On behalf of the SEC, Mr. Schoeppl filed an emergency TRO against Omni Capital and its president, Thomas R. Mullens (“Mullens”), a convicted felon who allegedly hired top producers from large brokerage firms and directed them to work their old accounts to peddle the bogus Omni Capital partnership interests. Mr. Schoeppl led the expedited SEC investigation of Omni Capital and Mullens and shut the firm down within a month on behalf of the SEC. Mr. Schoeppl secured an immediate freeze over all of the assets of Omni Capital and Mullens and the appointment of a Receiver to marshal the frozen assets for the protection of investors. In connection with the SEC’s case against Mullens, Mr. Schoeppl received the FBI’s Service in the Public Interest Award for assistance he provided in the successful parallel criminal prosecution of Mullens by the U.S. Attorney’s Office for the Southern District of Florida. In the criminal case, Mullens original term of imprisonment for orchestrating the alleged massive Ponzi scheme for more than $27 million upon 150 victims was 33 years and 9 months which, at the time, was one of the stiffest sentences ever imposed upon a white-collar criminal in South Florida.
SEC v. A.B.E. Industrial Holdings, Inc., et al., Civil Action No. 94-8575-CIV-RYSKAMP (S.D. Fla.).
In A.B.E. Industrial Holdings, the SEC alleged that ABE, a publicly-traded Delaware corporation, filed reports with the SEC and issued press releases to the public that materially misstated its true financial condition by, among other things, overstating its assets by more than $31 million. The SEC investigation and litigation spearheaded by Mr. Schoeppl centered on ABE’s principal purported asset – a fraudulent mortgage on a French vineyard. As part of the investigation, Mr. Schoeppl worked with the SEC’s Office of International Affairs and requested multilateral assistance from securities regulators in, among other foreign countries, England (Department of Trade and Industry in the United Kingdom) and France (Commission des Operations de Bourse) pursuant to Memoranda of Understanding between the SEC and these foreign regulators that were in existence at the time with the advent of the globalization of the financial markets and increase in cross-border securities frauds. The SEC’s MOU’s provided for comprehensive assistance on a bilateral basis, including the use of subpoena power to obtain documents and testimony located abroad. Mr. Schoeppl was the first attorney in the Miami office of the SEC to request assistance from foreign regulators pursuant to MOU’s with England and France and he traveled abroad to both England and France on behalf of the SEC on a diplomatic passport. Mr. Schoeppl prepared all international requests for assistance in conjunction with the SEC’s Office of International Affairs and he prepared and oversaw the foreign collection of evidence through the production of documents and testimony from foreign witnesses for the ABE case.
Mr. Schoeppl was the SEC’s representative on the Organized Crime Task Force in the U.S. Attorney’s Office for the Southern District of Florida and participated in advising on securities-related matters with the FBI, IRS, the U.S. Secret Service, the U.S. Postal Inspector, and other federal agencies in major organized crime investigations conducted by the U.S. Attorney’s Office for the Southern District of Florida.
Prior to his tenure at the SEC, Mr. Schoeppl was a Special Assistant District Attorney in Atlanta, Georgia with responsibility over trying major felony criminal cases.
Mr. Schoeppl Has Been Appointed as a Receiver by United States District Courts Upon the Recommendation of the SEC and the FTC in Major Securities Fraud and Consumer Fraud Enforcement Actions:
SEC v. Schaefer, et al., Case No. 98-343-CIV-ORL-22A (M.D. Fla.).
Mr. Schoeppl was appointed by the United States District Court for the Middle District of Florida, upon the recommendation of the SEC, as the Receiver for five different corporations in an SEC enforcement action styled SEC v. Schaefer, et al., Case No. 98-343-CIV-ORL-22A (M.D. Fla.)($3.5 million securities fraud/Ponzi scheme case involving the sale of promissory notes).
FTC v. Transworld Enterprises, Inc., et al., Case No. 00-8126-CIV-GRAHAM (S.D. Fla.).
Mr. Schoeppl was appointed by the United States District Court for the Southern District of Florida, upon the recommendation of the Federal Trade Commission (“FTC”), as the Receiver for Transworld Enterprises, Inc. in an FTC enforcement action styled FTC v. Transworld Enterprises, Inc., et al., Case No. 00-8126-CIV-GRAHAM (S.D. Fla.)($3 million nationwide franchise fraud case involving the sale of ATM business opportunities).
SEC v. First Capital Services, Inc., et al., Case No. 00-8445-CIV-MIDDLEBROOKS (S.D. Fla.).
Mr. Schoeppl was appointed by the United States District Court for the Southern District of Florida, upon the recommendation of the SEC, to serve as the Receiver for U.S. Capital Funding, Inc. (“U.S. Capital”) in a $48 million securities fraud case styled SEC v. First Capital Services, Inc., et al., Case No. 00-8445-CIV-MIDDLEBROOKS (S.D. Fla.).
FTC v. America’s Shopping Network, Inc., et al., Case No. 02-80540-CIV-HURLEY (S.D. Fla.).
Mr. Schoeppl was appointed by the United States District Court for the Southern District of Florida, upon the recommendation of the FTC, as Temporary Receiver for America’s Shopping Network, Inc. (“ASN”), Consumer Services, Inc., Karen Zagami, Carianne Sica, Louis Gangi, HME, Inc., and John Epstein in an FTC enforcement action styled FTC v. America’s Shopping Network, Inc., et al., Case No. 02-80540-CIV-HURLEY (S.D. Fla.). In ASN, the Defendants allegedly conducted a multimillion dollar nationwide fraudulent work-at-home scheme.
FTC v. Fidelity ATM, Inc., et al., Case No. 06-81101-CIV-HURLEY-HOPKINS (S.D. Fla.).
Mr. Schoeppl was appointed by the United States District Court for the Southern District of Florida, upon the recommendation of the Federal Trade Commission (“FTC”), as Receiver for Fidelity ATM, Inc. (“Fidelity ATM”) and Steinberg Group, Inc. (“Steinberg Group”) in an FTC enforcement action styled FTC v. Fidelity ATM, Inc., et al., Case No. 06-81101-CIV-HURLEY-HOPKINS (S.D. Fla.). In Fidelity ATM, the FTC alleged that Fidelity ATM fraudulently sold automated teller machines (“ATM’s”) to more than 100 consumers across the United States. The FTC also alleged that Fidelity ATM failed to make disclosures required by the Franchise Rule and made unsubstantiated earnings claims. In total, the victims were allegedly defrauded of approximately $4.2 million in connection with the scheme.
Other Significant Cases:
SEC v. International Capital Management, Inc., Case No. 98-7062-CIV-DIMITROULEAS (S.D. Fla.).
The firm served as counsel for International Capital Management, Inc. (“ICM”), and, with the consent of the principals, caused ICM to voluntarily consent to being placed into an equity receivership for the benefit of investors in SEC v. International Capital Management, Inc., Case No. 98-7062-CIV-DIMITROULEAS (S.D. Fla.). In connection with its duties as counsel for ICM, the firm recovered in excess of $2 million for ICM customers.
SEC v. Mobley, Case No. 00 Civ 1316 (RCC)(S.D.N.Y.) and CFTC v. Mobley, Case No. 00 Civ 1317 (RCC)(S.D.N.Y.).
This receivership arises out of a massive Ponzi scheme engineered by David M. Mobley, Sr. (“Mobley”) to swindle hundreds of investors in the Naples area, mostly elderly retirees, out of tens of millions of dollars through various Mobley-related entities. While a few select participants reaped handsome returns in order to induce more and more investors to entrust their money to Mobley’s care, the majority of the Maricopa investors and creditors were faced with the grim prospect of losing, on a collective basis, more than $59 million when the Ponzi scheme eventually collapsed. Since there were never any real profits from Mobley’s scheme, the illusory false profits paid to a fortunate few investors were assets of the Receivership Entities that were improperly and fraudulently distributed solely to perpetuate the illegal Ponzi scheme.
Otto G. Obermaier, Esq., the former United States Attorney for the Southern District of New York, was appointed to act as the Receiver for Mobley and various Mobley-related entities. Mr. Obermaier retained the firm to represent him in prosecuting various profiteers from Mobley’s scheme. The firm has handled numerous profiteer actions on behalf of Mr. Obermaier in state and federal court, and has recovered millions of dollars for the Receivership Estate.
Aquamar, S.A. v. Del Monte Fresh Produce N.A., Inc., 179 F.3d 1279 (11th Cir. 1999).
Mr. Schoeppl represented the Republic of Ecuador in a case before the United States Court of Appeals for the Eleventh Circuit that presented several novel issues regarding appellate jurisdiction and the Foreign Sovereign Immunities Act of 1976.
Williamson v. State, 681 So. 2d 688 (Fla. 1996).
Mr. Schoeppl represented a death row inmate before the Florida Supreme Court and conducted oral argument before the Florida Supreme Court en banc.
SEC v. Yun, 327 F.3d 1263 (11th Cir. 2003).
The firm handled an appeal before the United States Court of Appeals for the Eleventh Circuit which dramatically changed the law of insider trading by establishing the requirement that the SEC prove the existence of a tipper benefit in an insider trading case based upon the misappropriation theory of liability.
Freeman v. JP Morgan Chase Bank, N.A., 137 F. Supp. 3d 1284 (M.D. Fla. 2015), rev’d and remanded, 675 F. App’x 926 (11th Cir. 2017).
In Freeman, the Eleventh Circuit confirmed that a bank owes duty of care to a noncustomer for its customer’s misappropriation when a fiduciary relationship exists between the customer and the noncustomer, the bank knows or ought to know of the fiduciary relationship, and the bank has actual knowledge of the customer’s misappropriation.
Absolute Activist Value Master Fund Ltd. v. Devine, 233 F. Supp. 3d 1297 (M.D. Fla. 2017).
In Absolute Activist, the firm successfully sought and obtained the dismissal of federal civil RICO claims on behalf of a client in a case arising out of an alleged $200 million penny stock scheme.
- The firm represented a retired General who was the former Chief of Staff for the Department of Homeland Security in a commercial litigation matter.
- The firm represented a retired General who was the former Assistant Chairman for the Joint Chiefs of Staff on National Guard Matters in a commercial litigation matter.
- The firm represented a retired General who was the former Assistant Secretary of Defense for International Security Affairs in a securities related matter.
- The firm represented a famous criminal defense attorney in a securities related matter.
- The firm represented a former professional hockey player in the National Hockey League (NHL), NCAA Champion, and Stanley Cup Champion in a securities related matter.
- The firm has represented a bank, broker-dealers, registered investment advisers, public and private companies, corporate executives, accountants, accounting firms, lawyers, and law firms in a wide variety of commercial and securities litigation matters on behalf of both plaintiffs and defendants.
In total, Mr. Schoeppl has over 100 reported decisions at both the appellate and trial court levels in commercial litigation and securities matters.