Real American Capital Corp (RLAB)

[RKD1953]

Defendant was convicted on all counts and was sentenced to 30 months’ imprisonment followed by one year of supervised release.


Small penality for someone who milked shareholders.

Defendant was the President, Secretary, and sole Director of Real American
Brands, Inc. (“RLAB”). The Second Superseding Indictment alleged that
Defendant agreed to pay kickbacks to induce a pension fund to buy restricted
shares of RLAB’s penny stock. When informed that the pension fund would no
longer purchase any more of RLAB stock, Defendant conspired with a friend, Yan
Skwara, to pay the same kickbacks for the purchase of stock in Skwara’s company.
Unbeknownst to Defendant, the pension fund was fictitious and he was speaking
with undercover FBI agents.

The District Court properly found that an abuse-of-trust enhancement was
justified in this case. Defendant abused his position as a fiduciary to his
shareholders, and used that position to facilitate the commission of the offense.
Accordingly, we affirm as to this issue.
V. Conclusion
Based on the foregoing and our review of the record and the parties’ briefs,
we affirm Defendant’s convictions and sentence.
AFFIRMED.