Update: The sentencing hearing for Eric Miller, which had been set for May 16, has been delayed until Nov. 14, 2022. Sentencing for David Rees, which had been set for Jan. 10, has been moved to July 1, 2022. The federal trial date for Ira Gaines and Sue McCluskey is Nov. 1.
Original article from 2021: Sentencing for a Paradise Valley man who previously pleaded guilty in federal court for his role in a longstanding case involving alleged fraud and money laundering has been delayed yet again while he cooperates with authorities in the case against other co-defendants, court documents show.
Separately, one of those co-defendants recently entered a guilty plea to one count in the case.
Eric Miller, who was to be sentenced in U.S. District Court of Arizona on Nov. 8, will now be sentenced on May 16, 2022 by Judge Steven Logan.
Miller pleaded guilty on Feb. 17 to conspiracy involving aggravated identity theft, money laundering and wire and securities fraud.
Miller and several other Valley residents are accused of being involved in the scheme from January 2017 to December 2020, according to the criminal complaint from the Internal Revenue Service.
According to the IRS, Miller, along with Ira Gaines, Sue McCluskey and David Rees, an attorney in Salt Lake City, Utah, allegedly converted restricted stock to create a market for it to sell at an inflated price. Thegroup is accused of concealing Gaines' identity as the owner of certain stocks, bank accounts and entities from stock regulators, brokerage firms and tax authorities while also
allegedly converting restricted stock so that it could be publicly traded.
Gaines, McCluskey and Rees were charged with conspiracy, securities fraud, transactional money laundering, concealment money laundering, and aggravated identity theft, according to the IRS.
A jury trial for those three co-defendants has been set for Nov. 1, 2022 before Chief Judge Murray Snow. In a plea hearing held in October, however, Rees recently entered a guilty plea to one count and will be sentenced on Jan. 10, 2022, meaning that only Gaines and McCluskey face trial.
Stock transactions
According to the IRS, Gaines was the sole owner of hard-money lender Peachtree Partners LLC and hadn't filed a personal or corporate tax return for the years 2016 to 2018. Gaines also allegedly registered three other LLC groups with the Arizona Corporation Commission using the same address as the Peachtree Partners business.
McCluskey and Miller were both employed by Gaines at Peachtree Partners, according to the IRS. Miller was hired to manage Gaines' stock transactions while McCluskey was employed as the office manager. Neither had a W-2 form or 1099 provided and were allegedly paid with cash, according to the IRS.
In total, Gaines and his co-conspirators allegedly altered more than
$2 million in microcap stock through this scheme, which earned the group more than $800,000.
According to the IRS, Miller was employed by Gaines from late 2016 to May 2019 and again from September 2019 to December 2020. He was allegedly paid $100,000 a year by Gaines and paid a total of $270,000 for the time he worked for him, according to the IRS. Miller was allegedly hired to assist Gaines in managing stock transactions and was allegedly paid "under the table" with no income taxes withheld.
Previously, in 2012, Rees, an attorney for the firm Vincent & Rees, was permanently barred by the U.S. Securities and Exchange Commission from providing legal services in connection with the purchase or sale of securities after he wrote a legal opinion letter authorizing the issuance of unrestricted shares, according to a statement from the SEC.
Gaines was also barred by the SEC in 2004 and forbidden from directly or indirectly taking part in certain securities transactions, according to court documents.