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Accused fraudster Justin Costello has history of posing as billionaire and threatening cops, police say

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Justin Costello yearbook photo
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“It’s easy to be someone you’re not, but hard to be yourself,” Wisconsin teenager Justin Costello wrote under his senior photo in the Oconomowoc High School yearbook in 1999.

Twenty-three years later, an FBI SWAT team would arrest Costello hiding from police outside of San Diego, in part, because he was posing as someone he wasn’t: a billionaire with a Harvard MBA who was a twice-wounded Special Forces Iraq veteran.

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None of those claims were true, authorities say.

The now-42-year-old was charged Sept. 28 with criminal wire and securities fraud for allegedly swindling $35 million from thousands of investors and others whose trust he won because they thought he was a war hero who had become a wealthy and successful cannabis billionaire, federal prosecutors say.

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Although he didn’t do any of those things, according to prosecutors, he did make it on the FBI’s Most Wanted list for failing to surrender to authorities.

Costello skipped town with a fake ID, cash and bars of gold after the Justice Department unsealed a 25-count indictment that detailed multiple schemes involving penny stocks, cannabis companies and a banking firm, prosecutors say.

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When he was apprehended in California, FBI agents said Costello had taken on yet another new identity: “Christian Bolter,” according to the driver’s license he was carrying. He also had $60,000 in U.S. currency, $10,000 in Mexican pesos, and six gold bars valued at $12,000 when he was nabbed, court records show.

Cash and gold bars as detailed in court filing in US District court in San Diego in case of former fugitive Justin Costello.

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Source: US District Court

A federal magistrate judge in San Diego ordered him detained without bail on Oct. 25, saying he was “an economic danger to the community.”

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Prosecutors had argued that Costello, who has ties to California, Las Vegas and Washington, was “a serious flight risk.”

Another San Diego judge then ordered Costello back to Washington state to face trial in DOJ’s criminal case in U.S. District Court, court documents show.

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That’s the same court where Costello and another man, David Ferraro, were slapped in October with a civil lawsuit by the Securities and Exchange Commission, which accused Costello of conduct that is mirrored in the criminal complaint.

The SEC last week agreed to settle the civil allegations against Ferraro, a 44-year-old Radford, Virginia, resident who was accused of using his Twitter account to help Costello with multiple penny stock pump-and-dump schemes.

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A judge on Monday signed off on the deal with Ferraro, who agreed to several conditions, while neither admitting nor denying the allegations. The judge has yet to determine monetary penalties against Ferraro, who is not charged in the criminal case.

Costello’s recent arrest is not the first time he has run into trouble with the law — or posed as a billionaire, court and police records show.

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Three years before his latest arrest, he brazenly claimed to be a billionaire in an unsuccessful bid to avoid arrest during a separate incident in Washington state, a police report obtained by CNBC shows.

Police in Snoqualmie, Washington, arrested Costello on Sept. 15, 2019, after receiving a report that he was causing a drunken disturbance at the luxurious Salish Lodge & Spa, according to police and court records.

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Officers arrived at Salish Lodge at about 10:30 p.m. that night after an employee of that location reported “a drunk male in front of the business being disruptive and verbal with employees,” and was “threatening a valet driver,” according to the report.

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Employees told police that Costello had been screaming profanities on a phone, threatened his girlfriend’s sister and then grabbed the valet driver who was looking at Costello before threatening to send “his boys after” the worker, the report reveals.

One employee said he was convinced Costello was “a billionaire from Bellevue,” a city just outside Seattle, and that Costello had the means to send people after him, police wrote.

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Costello was agitated when police arrived on the scene, the report said, and claimed to be a “really rich man … I’m a billionaire.”

“You messed with the wrong dude,” he told one cop, according to the report.

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One of the officers said Costello approached him with “clenched fists” and in an aggressive manner that suggested he would “cause harm to myself or another member of the group behind me,” the police report recounted.

The officer said he threatened three times to use his taser on Costello, who allegedly ignored his commands to stop until he was about 10 feet to 12 feet away before dropping to the ground.

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The arresting officer later said Costello appeared to be “impaired,” even though police couldn’t detect any alcohol. Even after he was cuffed, Costello continued to hurl profanities and threats at police, they said in the report.

“I’m going to civilly hit you in the f—ing a–,” Costello allegedly said to one of the officers. “This is going to cost you brother, a lot of money.”

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“Bro, take these handcuffs off, so I can kick your ass,” he allegedly told a second cop, the report says. “I’m going to own you, motherf—er.”

Costello was booked at the King County Jail on a felony charge of intimidating a public servant. Prosecutors ultimately charged him in Issaquah Municipal Court with obstruction, related to the allegation of disorderly conduct, and two counts of harassment.

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FBI Poster for Justin Costello

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Costello entered a so-called Alford plea to disorderly conduct in July 2020, prosecuting attorney Lynn Moberly told CNBC.

In Alford pleas, a defendant does not admit guilt but concedes that prosecutors have enough evidence to convict them if a trial were to be held. A judge then finds the defendant to be guilty.

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Moberly said that Costello was also able to get the two counts of harassment dismissed after the victims in the case agreed to settle in exchange for $3,000 apiece. Although she opposed that deal, it’s legal under Washington criminal law and a judge signed off on it, Moberly said.

Even after charges were filed in court, Costello kept up his charade as a cannabis billionaire.

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Moberly said his lawyer told her at the time that Costello could “afford to pay off these witnesses.” Costello’s lawyer allegedly said his client was a “Harvard grad” who was “involved in the marijuana business,” Moberly recalled.

Costello’s sentence was deferred, according to the prosecutor. He was ordered to complete 40 hours of community service, avoid consuming alcohol and drugs for a year, and to have no contact with the witnesses or the lodge, according to the plea deal.

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The case was dismissed a year later, in July 2021, Moberly said.

Costello’s attorney in that case, Shira Stefanik, didn’t return messages seeking comment.

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Stephen Lobbin, an attorney who represents Costello in another separate civil lawsuit in California by one of three cannabis companies that claims it was allegedly swindled by Costello, said his client also told him he spent some time in Iraq and took some classes at Harvard.

“If he says it, I suppose it’s true,” he said in an interview.

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As far as his claims of being a billionaire and war hero, Lobbin said those allegations are based on hearsay.

“I know him to be a very warm and friendly and personable guy,” Lobbin said.

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When asked about Costello’s 2019 arrest, Lobbin said: “I’ve spent enough time with him” and never known him to be “drunk or disorderly.

In the civil case in which Lobbin represents him, Costello submitted a sworn declaration in September, that said at least $2.9 million of the company’s funds were being held in a Tacoma, Wash., credit union account in the name of a Costello company.

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That account actually had a balance of $15.35 as of Sept. 9, according to the federal criminal indictment against Costello.

“Like anything in life, there are two sides to a story,” Lobbin said. “I don’t know anything about what the government is talking about.”

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Ex-Morgan Stanley advisor charged with defrauding NBA players out of millions

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Courtney Lee #5 and Chandler Parsons #25 of the Houston Rockets come together during their game at Staples Center on April 6, 2012 in Los Angeles, California.
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Andrew D. Bernstein | National Basketball Association | Getty Images

Former Morgan Stanley advisor Darryl Cohen was arrested on Thursday morning for allegedly defrauding current and former NBA players including Jrue Holiday, Chandler Parsons and Courtney Lee.
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Cohen is charged with one count of conspiracy to commit wire fraud and one count of wire fraud, according to federal prosecutors. Each count carries up to a 20-year prison sentence. He is also facing investment advisor fraud charges, which carry a maximum five-year prison sentence. Three others, including former NBA players agent Charles Briscoe, were also charged.

In the indictment, which was unsealed on Thursday, the Justice Department alleged that Cohen and the others engaged in fraud schemes to transfer roughly $13 million from NBA clients for personal uses. The DOJ noted that $7 million of that was allegedly misappropriated only by Briscoe and Calvin Darden Jr., who has previously pleaded guilty to separate wire fraud charges.

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The players weren’t named in the DOJ’s announcement. Their identities were confirmed by a person familiar with the matter, who declined to be identified given the sensitive nature of the case.

The DOJ claimed that Cohen and his alleged co-conspirators induced the three clients to purchase overpriced life insurance policies that Cohen later used to do renovations on his home and pool, as well as pay off his credit card bills and give money to a romantic partner.

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Prosecutors also alleged that Cohen directed the basketball players to give donations to a nonprofit, which he ultimately used to build athletic facilities in his backyard.

“These defendants believed that defrauding their professional athlete clients of millions of dollars would be a layup. That was a huge mistake, and they now face serious criminal charges for their alleged crimes,” said Damian Williams, the U.S. Attorney for the Southern District of New York, in a Thursday announcement.

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Cohen was an advisor for Morgan Stanley from 2015 to 2021, according to his Financial Industry Regulatory Authority profile. The DOJ said in its indictment document that the alleged fraud schemes took place from roughly 2017 to 2020. Morgan Stanley fired Cohen in 2021 for “transactions not disclosed to or approved by Morgan Stanley and use of an unapproved platform to engage in inappropriate communications with clients,” according to FINRA filings.

“We fully cooperated with the investigation and have resolved clients’ claims related to Mr. Cohen,” Morgan Stanley said in a statement. “Mr. Cohen was terminated from the Firm in March 2021 and has since been barred from the securities industry by FINRA.”

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The Securities and Exchange Commission also charged Cohen on Thursday for allegedly defrauding Holiday, Parsons and Lee out of over $1 million.

Cohen’s lawyer, Brandon Reif, did not immediately respond to a request for comment.

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The three basketball players had previously filed claims against Morgan Stanley with FINRA. Those cases were later settled. Phil Aidikoff, who represented Holiday, Parsons and Lee, declined to comment due to the confidentiality agreements in the FINRA settlements.

Correction: This story was updated to reflect that there were multiple alleged schemes resulting in a total $13 million of fraud.

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Lidar maker Ouster dips as quarterly losses widen, but CEO sees savings in Velodyne merger

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The New York Stock Exchange welcomes Ouster Inc. (NYSE: OUST), today, Friday, March 12, 2021, in celebration of its Initial Listing. To honor the occasion, Ouster CEO Angus Pacala, joined by Chris Taylor, Vice President, NYSE Listings and Services, rings The Opening Bell®.
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Lidar maker Ouster said on Thursday that it remains on track to realize more than $75 million in annual cost savings by the end of 2023, following its merger with rival Velodyne in February.
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CEO Angus Pacala told CNBC in an interview following the company’s fourth-quarter report that Ouster has already begun integrating Velodyne’s people and technology into its existing business, cutting about 200 employees from the post-merger business.

Ouster is on track to achieve about $50 million of the promised $75 million in annualized cost savings by the end of the first quarter, he said, based on the two companies’ standalone costs as of the third quarter of 2022.

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For its fourth quarter, which reflects Ouster’s results before the merger with Velodyne was completed, the company reported a loss of 23 cents per share on revenue of $11 million. That’s compared with a loss per share of 17 cents on revenue of $11.9 million during the same period a year ago.

For the full year, Ouster reported $41 million in revenue with a 27% gross margin, in line with its previous guidance to investors. The company shipped over 8,600 lidar sensors in 2022 – but it reported a net loss of about $139 million, or 70 cents per share, for the full year.

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Shares were down about 9% in after-market trading on Thursday.

Pacala said that he would encourage Ouster’s investors to look ahead.

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“We also booked $70 million in business in 2022,” he said. “And I think that number alone is a very strong indication of how this business is going. We’re carrying a large amount of backlog into this year.”

Lidar, short for “light detection and ranging,” is a sensor technology that uses invisible infrared lasers to create a detailed 3D image of the sensor’s surroundings. Ouster’s lidar units and software are tailored for several industry verticals, including automotive applications, industrial machinery, robotics and “smart infrastructure,” in which sensors and data help to manage energy networks, public water-supply systems, and even traffic signals in urban settings.

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Ouster shipped over 2,900 lidar sensors in the fourth quarter, up 23% from a year ago. But its gross margins, a measure of its progress toward profitability, fell to 17% in the fourth quarter from 30% in the year-ago period. Pacala said that discounts on some large-volume sales to existing customers hurt its gross margin during the period, as did spending to ramp up production of Ouster’s new REV7 sensor platform, which launched in October.

Pacala said that early customer feedback on the REV7 has been “incredibly positive” and that while the spending to launch the new platform hurt the company’s fourth-quarter results, he expects that it will pay dividends as 2023 unfolds.

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As of year-end, Ouster and Velodyne had a combined cash balance of about $315 million. The combined company expects to generate $15 million to $17 million in revenue in the first quarter, not counting the revenue that Velodyne generated before the merger was completed on Feb. 10.

Ouster hasn’t yet said when it will release its first-quarter results.

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N.J. deli stock fraud defendant behind bars as feds reveal he renounced U.S. citizenship

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Peter Coker Jr., left, is issued search warrants from police at his villa on the southern resort island of Phuket, Thailand, Jan. 11, 2023.
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Crime Suppression Division, Royal Thai Police | AP

NEWARK, N.J. – A former fugitive in the securities fraud case involving a New Jersey deli company once valued at $100 million renounced his U.S. citizenship in 2019, prosecutors revealed Thursday as they asked a judge to deny him bail.
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Peter Coker Jr. “poses a serious risk of flight, and … there are no conditions or combination thereof that can assure his appearance at future proceedings,” said the letter by the U.S. Attorney’s Office to federal Magistrate Judge Edward Kiel.

In the same letter, prosecutors said Coker Jr. had “stood to make tens of millions of dollars” from a hoped-for reverse merger of the deli company, which the goal of the “complex, long-term fraud’ spanning at least seven years that grossly inflated its stock price.

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“And the only reason that the Defendant and his co-conspirators were unable to achieve their ultimate objective of entering into a reverse merger, which would have allowed for a massive payout, was because of negative news articles that exposed their fraud,” the letter to Kiel said.

CNBC in 2021 published several dozen articles that exposed eyebrow-raising consulting agreements, troubled legal histories, and other issues related to people connected to the deli company.

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In their own filing Thursday, Coker Jr.’s defense said the Hong Kong businessman relinquished American citizenship “primarily for economic reasons and in recognition of his personal and professional life.”

Immigration snag

Coker Jr., who was extradited from Thailand last week and kept in jail since then, was scheduled to appear in Newark federal court on Thursday afternoon for a detention hearing in the case, where his father Peter Coker Sr. and a third man also are charged.

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But he was never brought from a holding area to the courtroom, where his parents were waiting.

Instead, there was a two-hour delay in the start of the hearing that ensued after the judge, a prosecutor and Coker Jr.’s defense lawyers for the first time learned that there is a hold on him from the U.S. Immigration and Customs Enforcement agency.

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Such a detainer is standard when a non-citizen is extradited to face criminal charges in the U.S.

During the delay, Coker Jr.’s lawyers met with him and talked to the prosecutor.

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Peter Coker Sr. and his wife Susan Coker at U.S. District Court in Newark, New Jersey, March 15, 2023.

Dan Mangan | CNBC

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Kiel eventually took the bench and began the hearing. Coker Jr.’s lawyers told him told the judge that they will seek an attorney to represent him in connection with the ICE detainer.

The ICE hold, which was lodged when Coker Jr. landed at JFK International Airport in New York last week, could keep Coker Jr. in jail even if he is granted bail in the criminal case.

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In their letter seeking Coker Jr.’s detention, prosecutors cited his access to funds overseas, his citizenship from another country, his three decades living abroad in Hong Kong, and the 20-year maximum possible criminal sentence he faces if convicted as reasons to fear he will flee the charges.

“No evidence is more telling than a defendant’s own words,” prosecutors wrote.

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They cited Coker Jr.’s legal statement on June 5, 2019, saying, “While I was born and raised in the U.S., I moved to Hong Kong in July, 1992 for career reasons and have established my roots and extensive social and family ties here. I have no intention to return to live or work in the U.S., and have therefore decided to renounce my U.S. nationality.”

Attorneys for Coker Jr. at his arraignment last week argued he was willing to put up all the money he has, about $4 million, and his parents’ North Carolina home as collateral to secure his release on bond in the case.

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Shell game

Coker Jr., Coker Sr. and James Patten were charged in an indictment on Sept. 26 with a scheme artificially boost the prices of publicly traded stocks of Hometown International, and a related shell company, E-Waste, to increase their attractiveness as merger partners for private companies.

While the elder Coker and Patten were arrested in North Carolina and then released on bonds of $100,000 each, Coker Jr. was a fugitive for months before being found and arrested in a resort area of Thailand by police there in January.

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Coker Jr. had traveled there on a passport from the Caribbean island of St. Kitts and Nevis, where he has citizenship.

In their own letter to Kiel on Thursday, Coker Jr.’s attorneys argued he remained in Phuket, Thailand, after learning of his indictment because he was too sick to travel.

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Coker Jr. claimed he was receiving medical attention for cirrhosis of his liver and hypoxemia prior to his arrest.

“Mr. Coker’s appearance in the United States would have likely occurred sooner if not for serious health issues he faced in the period following the unsealing of the indictment against him,” his attorneys argued in the filing.

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“Mr. Coker prioritized seeking medical treatment in his local community of Thailand rather than immediately surrendering to authorities and risking the possibility that he would be transported by plane to the United States against his doctor’s advice.”

Hometown Deli, Paulsboro, N.J.

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Mike Calia | CNBC

The indictment alleges that as a result of the scheme, the stock price of Hometown, which owned only a small, money-losing shop dubbed Your Hometown Deli, rose more than 900% as a result of the alleged scheme. E-Waste’s shares skyrocketed by almost 20,000%. The deli, which served Italian subs and cheesesteaks in Paulsboro, a small New Jersey town across the Delaware River from Philadelphia, has since closed.

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Both companies publicly disavowed their massive market valuations after CNBC revealed legal issues surrounding people connected to the companies, including Coker Sr.

The younger Coker served for some time as Hometown International’s chairman.

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Gabrielle Fonrouge reported from Newark and Dan Mangan reported from Englewood Cliffs, N.J.



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