28-year-old Brookville grad ordered to pay $2M in Ponzi scheme case

Marcus Todd Brisco was accused of fraudulently soliciting and misappropriating funds in connection with two commodity pools.
ajc.com

A 28-year-old former Brookville man has been ordered to pay more than $2 million for his alleged involvement in a $146 million Ponzi scheme.

The U.S. District Court for the Southern District of Texas has ordered Brisco to pay a $350,000 civil monetary penalty and approximately $1.65 million in restitution to victims of the fraudulent scheme.

Brisco is listed as a resident of Hawaii on court documents, though his current address is unknown.

However, he is listed as the founder and CEO of Rolly Receipts LLC, an Arcanum-based paper distributor and ATM company, according to the company’s website.

Rolly Receipts specializes in environmentally friendly thermal receipt paper.

Brisco answered a call to the company’s phone number Tuesday afternoon, though he declined to comment on the case.

The order against Brisco stems from a January 2023 complaint filed by the Commodity Futures Trading Commission (CFTC), which accused him and his companies Yas Castellum LLC and Yas Castellum Financial LLC of conspiring with others in the operation of multiple interconnected Ponzi schemes, allegedly dating back to spring 2020.

Co-defendants in the case included Tin Quoc Tran, of Texas; Francisco Story, of Utah; Fredirick Safranko, of Ontario, Canada; Michael Sims, of either Florida or Georgia; and SAEG Capital General Management LP, of Utah.

The original complaint alleged that beginning in April 2022, co-defendant Tran “directly accepted at least $144 million from approximately 913 pool participants,” some or all of which was intended for trading.

“However, Tran did not send any pool participant funds to a trading firm; rather, he misappropriated some of the pool participant funds by using them to pay invoices, a loan, individuals not involved with the commodity pool, and to subsidize his unrelated businesses,” according to the CFTC.

For his part, Brisco is said to have operated two fraudulent commodity pools and solicited pool participants to deposit funds for trading leveraged or margined retail forex or retail commodity transactions. But the funds were not traded as promised, federal court documents show.

As part of the scheme, Brisco allegedly made “misrepresentations and omissions” about historical trading profits, how pool participant funds would be maintained and traded, and who would do the trading, the order claims.

Court documents assert Brisco operated his first commodity pool through his company Yas Castellum LLC from October 2020 to May 2022, fraudulently soliciting funds from at least 43 pool participants, who deposited more than $470,700 into the pool.

Rather than sending the funds to be traded, Brisco is alleged to have directed the funds to bank accounts controlled by co-defendant Tran, and to a third-party entity.

When the National Futures Association began looking into Brisco’s company in early 2022, he was informed of “serious concerns about his lack of oversight and control of investor funds.”

Brisco subsequently repaid pool participants and vowed to the NFA his intent to leave the financial services industry altogether.

But court records claim just months later, in June 2022, Brisco formed a new company to conduct a similar commodity pool.

Despite this new company never registering with the CFTC, at least 66 pool participants deposited around $1.9 million into the commodity pool, documents state.

Brisco returned approximately $280,000 of these funds to these pool participants through withdrawal payments, court records show, but around half of the funds were misappropriated, with Brisco allegedly paying himself for “trading profits that did not exist.”

In total, Brisco allegedly failed to repay more than $1.6 million to pool participants.

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