UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 17551 / June 10, 2002
United States v. Johann M. Smith, No. 1 00CR00094-001 (S.D. IN);
United States v. Constance Brooks-Kiefer, No. 1 00CR00093-001 (S.D.
IN)
The U.S. Securities and Exchange Commission (SEC) announced today that
on May 24, the Honorable John D. Tinder, United States District Judge
for the Southern District of Indiana, sentenced Johann M. Smith
(Smith) and Constance Brooks-Kiefer (Brooks-Kiefer), both residents of
Indianapolis, Indiana, for their involvement in a $29 million Ponzi
scheme. Judge Tinder sentenced Smith to three years and one month in
prison and ordered him to pay $11.7 million in restitution. Judge
Tinder sentenced Brooks-Kiefer to six months of home detention and
imposed a fine of $3,000. Smith, founder of JMS Investment Group, LLC
(JMS) and former attorney for Heartland Financial Services, Inc.
(Heartland), previously pled guilty to two counts of mail fraud and
one count of unlawfully structuring currency transactions.
Brooks-Kiefer, former administrative assistant of Heartland, pled
guilty to one count of unlawfully structuring currency transactions.
Judge Tinder previously sentenced two other defendants Kenneth R.
Payne (Payne) to seventeen years and seven months in prison and Daniel
G. Danker (Danker) to 71 months in prison (See Litigation Release Nos.
17049 and 17492). The criminal case was prosecuted by the U.S.
Attorney's Office for the Southern District of Indiana.
Smith, Brooks-Kiefer, Payne and Danker are also defendants in a civil
action, SEC v. Payne, et al., filed by the SEC on August 10, 2000, to
halt the Ponzi scheme. Judge Tinder, on August 10, 2000, entered a
temporary restraining order and asset freeze in that case against
Payne, Danker, Heartland, JMS, Smith and Brooks-Kiefer. Judge Tinder
entered an order of permanent injunction against Smith on November 16,
2000, and an order of preliminary injunction against Brooks-Kiefer on
August 21, 2000. This litigation is ongoing. (For more information
concerning the SEC's action, see Litigation Release Nos. and ).
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Modified 06/10/2002
SNIPPETS:
UNITED STATES SECURITIES AND EXCHANGE COMMISSION
United States v. Johann M. Smith,
United States v. Constance Brooks-Kiefer,
The U.S. Securities and Exchange Commission announced today that on May 24, the Honorable
Judge Tinder sentenced Smith to three years and one month in prison and ordered him to pay
Smith, founder of JMS Investment Group, LLC and former attorney for Heartland Financial
Judge Tinder previously sentenced two other defendants Kenneth R. Payne to seventeen years
The criminal case was prosecuted by the U.S. Attorney's Office for the Southern District of
Smith, Brooks-Kiefer, Payne and Danker are also defendants in a civil action, SEC v. Payne,
Judge Tinder, on August 10, 2000, entered a temporary restraining order and asset freeze in
Judge Tinder entered an order of permanent injunction against Smith on November 16, 2000, and
This litigation is ongoing.
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