2014-01-01 SEC Press press_release 64 KB 4,498 chars

SEC Charges Three California Residents Behind Movie Investment Scam

Release
2014-36
Caption
Securities and Exchange Commission v. Mutual Entertainment, et al.
summary

California residents Samuel Braslau, Rand Chortkoff, and Stuart Rawitt defrauded over 60 investors of $1.8 million by falsely promising a Hollywood movie starring major actors and 300% returns, using funds for personal enrichment instead of production, leading to SEC civil charges and parallel criminal prosecution.

paragraph

The SEC charged Samuel Braslau, Rand Chortkoff, and Stuart Rawitt with defrauding more than 60 investors of $1.8 million through a fake movie scheme titled Marcel (later The Smuggler), falsely claiming A-list actors like Donald Sutherland and Jean-Claude Van Damme would star in the film. Operating via shell companies Mutual Entertainment LLC and Film Shoot LLC, the defendants falsely asserted 63.5% of funds would go to production, but instead diverted the majority to personal use, sales commissions, and phony consulting fees, with Rawitt also fabricating ties to the Harold and Kumar franchise and a 300% projected return. The SEC alleges violations of Sections 17(a) and 10(b) of federal securities laws and seeks financial penalties and permanent injunctions, while the U.S. Attorney’s Office filed parallel criminal charges; Rawitt is a repeat offender with a prior SEC enforcement action.

narrative

California residents Samuel Braslau, Rand Chortkoff, and Stuart Rawitt orchestrated a fraudulent scheme that raised $1.8 million from over 60 investors nationwide by falsely promoting a movie project titled Marcel (later renamed The Smuggler), claiming it would star celebrities like Donald Sutherland and Jean-Claude Van Damme—none of whom were ever approached. Braslau established shell companies Mutual Entertainment LLC and Film Shoot LLC to solicit funds, while Chortkoff ran a boiler-room operation out of Van Nuys, and Rawitt, a repeat offender previously charged by the SEC in 2009, made deceptive claims including a 300% return on investment and false associations with the Harold and Kumar film franchise. Despite promising that 63.5% of investor funds would cover production costs, the defendants used nearly all the money for personal enrichment, sales commissions, and fake consulting fees, leaving insufficient funds even for a public service announcement. Rawitt also falsely told investors the project was close to a $7.5 million fundraising goal and that licensing deals for action figures were secured, when no such rights had been obtained. The SEC’s complaint alleges violations of Section 17(a) of the Securities Act, Section 10(b) and Rule 10b-5 of the Securities Exchange Act, and additional violations by Chortkoff and Rawitt under Section 15(a) and Rawitt under Section 15(b)(6)(B). The SEC is seeking financial penalties and permanent injunctions, while the U.S. Attorney’s Office for the Central District of California filed parallel criminal charges; the investigation, conducted by the SEC’s Los Angeles office with assistance from the FBI and U.S. Attorney’s Office, remains ongoing.

Enriched metadata

Scheme
boiler-room (100%)
Court
Central District of California
Victim loss
$1,800,000
Victims
60
Classified boiler-room(confidence 100%). EDGAR detection: forms Form D· recall 50% / precision 4%. detection rule →
Parties
mutual entertainmentmutual entertainment llc and film shoot llcprior sec enforcement actionSecurities and Exchange Commissionstuart rawittU.S. Attorney's Office For The Southern District Of New York
Keywords
secchortkoff rawittmovieinvestorsrawittbraslau chortkoffchortkoffbraslaumutual entertainmentcaliforniacalifornia residentsmovie projectinvestor fundscentral californiainvestment

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 3
  • $7.50M $7.5 million $1M–$10M
  • $1.80M $1.8 million $1M–$10M
  • $25K $25,000 $10K–$100K
Entities 7
  • scheme_term boiler room operation
  • person mutual entertainment
  • company mutual entertainment llc and film shoot llc
  • agency prior sec enforcement action
  • agency Securities and Exchange Commission
  • person stuart rawitt
  • agency U.S. Attorney's Office For The Southern District Of New York
Triples 14
  • SEC Charged Three California Residents
  • SEC Alleges Samuel Braslau Was Architect of Fraudulent Scheme
  • Stuart Rawitt Persuaded More Than 60 Investors
  • Stuart Rawitt Persuaded Investors to Invest $1.8 Million
  • Braslau, Chortkoff, and Rawitt Spent Most of the Money
  • U.S. Attorney's Office Filed Criminal Charges Against Braslau, Chortkoff, and Rawitt
  • Braslau Set Up Mutual Entertainment LLC and Film Shoot LLC
  • Mutual Entertainment Spent $25,000 to Purchase Rights to Marcel
  • Chortkoff Operated Boiler Room Operation
  • Braslau, Chortkoff, and Rawitt Claimed 63.5 Percent of Funds Used for Production Expenses
  • Rawitt Made False Claims to Investors
  • Rawitt Flaunted Projected Return of 300 Percent
  • Rawitt Was Subject of Prior SEC Enforcement Action
  • Braslau, Chortkoff, and Rawitt Violated Securities Act of 1933 and Exchange Act of 1934
PDF (from attached: complaint)
Text layers
Extracted body text (4,498c)
The Securities and Exchange Commission today charged three California residents with defrauding investors in a purported multi-million dollar movie project that would supposedly star well-known actors and generate exorbitant investment returns. The SEC alleges that Los Angeles-based attorney Samuel Braslau was the architect of the fraudulent scheme that raised money through a boiler room operation spearheaded by Rand Chortkoff of Encino, Calif. High-pressure salespeople including Stuart Rawitt persuaded more than 60 investors nationwide to invest a total of $1.8 million in the movie first titled Marcel and later changed to The Smuggler. Investors were falsely told that actors ranging from Donald Sutherland to Jean-Claude Van Damme would appear in the movie when in fact they were never even approached. Instead of using investor funds for movie production expenses as promised, Braslau, Chortkoff, and Rawitt have spent most of the money among themselves. The investor funds that remain aren’t enough to produce a public service announcement let alone a full-length motion picture capable of securing the theatrical release promised to investors. In a parallel action, the U.S. Attorney’s Office for the Central District of California today announced criminal charges against Braslau, Chortkoff, and Rawitt. “Braslau, Chortkoff, and Rawitt sold investors on the Hollywood dream,” said Michele Wein Layne, director of the SEC’s Los Angeles Regional Office. “But the dream never became a reality because they took investors’ money for themselves rather than using it to make a movie.” According to the SEC’s complaint filed in U.S. District Court for the Central District of California, Braslau set up companies named Mutual Entertainment LLC and Film Shoot LLC to raise funds from investors for the movie project. In January 2011, Mutual Entertainment spent $25,000 to purchase the rights to Marcel, an unpublished story set in Paris during World War II. Shortly thereafter, Mutual Entertainment began raising money from investors through a boiler room operation that Chortkoff operated out of Van Nuys, Calif. The SEC alleges that Braslau, Chortkoff, and Rawitt claimed that 63.5 percent of the funds raised from investors would be used for “production expenses.” However, very little if any money was actually spent on movie expenses as they instead used the vast majority of investor funds to pay sales commissions and phony “consulting” fees to themselves and other salespeople. Rawitt made numerous false claims to investors about the movie project. For instance, he flaunted a baseless projected return on investment of about 300 percent. He falsely depicted that they were just shy of reaching a $7.5 million fundraising goal and the movie was set to begin shooting in summer 2013. He instilled the belief that Mutual Entertainment was a successful film company whose track record encompassed the Harold and Kumar movies produced by Carsten Lorenz. And he falsely stated that investors would realize revenues from action figures and other products tied to the movie when in fact no such licensing rights had been sold. According to the SEC’s complaint, Rawitt was the subject of a prior SEC enforcement action in 2009, when he was charged for his involvement in an oil-and-gas scheme. “Investors can help protect themselves when approached for an investment opportunity by using the Internet to their advantage and researching the individual making the offer,” said Lori Schock, director of the SEC’s Office of Investor Education and Advocacy. “In this case, a quick search of the SEC website reveals a copy of the complaint filed against Rawitt in federal court for participating in an offering fraud as well as an order barring him from the brokerage industry.” The SEC’s complaint alleges that Braslau, Chortkoff, and Rawitt violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5. The complaint further alleges that Chortkoff and Rawitt violated Section 15(a) of the Exchange Act, and Rawitt violated Section 15(b)(6)(B) of the Exchange Act. The SEC seeks financial penalties and permanent injunctions against Braslau, Chortkoff, and Rawitt. The SEC’s investigation, which is continuing, has been conducted by Peter Del Greco and Marc Blau of the Los Angeles office. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Central District of California and the Federal Bureau of Investigation.
OCR text (4,498c · plain-text · 99% conf)
The Securities and Exchange Commission today charged three California residents with defrauding investors in a purported multi-million dollar movie project that would supposedly star well-known actors and generate exorbitant investment returns. The SEC alleges that Los Angeles-based attorney Samuel Braslau was the architect of the fraudulent scheme that raised money through a boiler room operation spearheaded by Rand Chortkoff of Encino, Calif. High-pressure salespeople including Stuart Rawitt persuaded more than 60 investors nationwide to invest a total of $1.8 million in the movie first titled Marcel and later changed to The Smuggler. Investors were falsely told that actors ranging from Donald Sutherland to Jean-Claude Van Damme would appear in the movie when in fact they were never even approached. Instead of using investor funds for movie production expenses as promised, Braslau, Chortkoff, and Rawitt have spent most of the money among themselves. The investor funds that remain aren’t enough to produce a public service announcement let alone a full-length motion picture capable of securing the theatrical release promised to investors. In a parallel action, the U.S. Attorney’s Office for the Central District of California today announced criminal charges against Braslau, Chortkoff, and Rawitt. “Braslau, Chortkoff, and Rawitt sold investors on the Hollywood dream,” said Michele Wein Layne, director of the SEC’s Los Angeles Regional Office. “But the dream never became a reality because they took investors’ money for themselves rather than using it to make a movie.” According to the SEC’s complaint filed in U.S. District Court for the Central District of California, Braslau set up companies named Mutual Entertainment LLC and Film Shoot LLC to raise funds from investors for the movie project. In January 2011, Mutual Entertainment spent $25,000 to purchase the rights to Marcel, an unpublished story set in Paris during World War II. Shortly thereafter, Mutual Entertainment began raising money from investors through a boiler room operation that Chortkoff operated out of Van Nuys, Calif. The SEC alleges that Braslau, Chortkoff, and Rawitt claimed that 63.5 percent of the funds raised from investors would be used for “production expenses.” However, very little if any money was actually spent on movie expenses as they instead used the vast majority of investor funds to pay sales commissions and phony “consulting” fees to themselves and other salespeople. Rawitt made numerous false claims to investors about the movie project. For instance, he flaunted a baseless projected return on investment of about 300 percent. He falsely depicted that they were just shy of reaching a $7.5 million fundraising goal and the movie was set to begin shooting in summer 2013. He instilled the belief that Mutual Entertainment was a successful film company whose track record encompassed the Harold and Kumar movies produced by Carsten Lorenz. And he falsely stated that investors would realize revenues from action figures and other products tied to the movie when in fact no such licensing rights had been sold. According to the SEC’s complaint, Rawitt was the subject of a prior SEC enforcement action in 2009, when he was charged for his involvement in an oil-and-gas scheme. “Investors can help protect themselves when approached for an investment opportunity by using the Internet to their advantage and researching the individual making the offer,” said Lori Schock, director of the SEC’s Office of Investor Education and Advocacy. “In this case, a quick search of the SEC website reveals a copy of the complaint filed against Rawitt in federal court for participating in an offering fraud as well as an order barring him from the brokerage industry.” The SEC’s complaint alleges that Braslau, Chortkoff, and Rawitt violated Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5. The complaint further alleges that Chortkoff and Rawitt violated Section 15(a) of the Exchange Act, and Rawitt violated Section 15(b)(6)(B) of the Exchange Act. The SEC seeks financial penalties and permanent injunctions against Braslau, Chortkoff, and Rawitt. The SEC’s investigation, which is continuing, has been conducted by Peter Del Greco and Marc Blau of the Los Angeles office. The SEC appreciates the assistance of the U.S. Attorney’s Office for the Central District of California and the Federal Bureau of Investigation.