Source: Office of United States Attorneys
ATLANTA – Elchonon “Elie” Schwartz pleaded guilty today to wire fraud for executing a massive investment fraud scheme that caused more than 800 investors to send approximately $62.8 million to Schwartz, which he then diverted for his own use. Approximately $54 million dollars in investments were intended for the Atlanta Financial Center, a planned commercial real estate complex on Peachtree Road.
“Seeking to do nothing more than pad his own bank accounts and buy expensive luxury items, Elie Schwartz betrayed hundreds of investors who sought the opportunity to invest in these commercial real estate projects,” said Acting U.S. Attorney Richard S. Moultrie, Jr. “This office is committed to protecting investors from individuals, like Schwartz, who defraud donors out of their hard-earned money and seek to prioritize their own greed at the expense of legitimate investors.”
“Although investment fraud schemes are not violent crimes, they are just as destructive as they can destroy the livelihoods of entire families. Schwartz admitted to this complex scheme out of pure greed and will now face the steep consequences,” said Sean Burke, Acting Special Agent in Charge of FBI Atlanta.
According to Acting U.S. Attorney Moultrie, the charges, and other information presented in court: Elie Schwartz ran a successful commercial real estate investment firm. Beginning in May 2022, he solicited investments through CrowdStreet Marketplace in connection with a large commercial real estate complex in Atlanta, Georgia (“Atlanta Financial Center”), and ultimately raised approximately $54 million from approximately 654 investors for this venture. Later, beginning in November 2022, Schwartz again solicited investments through CrowdStreet concerning a mixed-use building in Miami Beach, Florida (“Lincoln Place”), and ultimately raised approximately $8.8 million from approximately 167 investors for this development. In total, Schwartz raised approximately $62.8 million from investors through CrowdStreet for the investments in the Atlanta Financial Center and Lincoln Place. The CrowdStreet investor funds were deposited into a segregated bank account for each investment.
As part of the investment solicitation process, Schwartz executed agreements with CrowdStreet that stated, among other terms, that the funds raised from CrowdStreet investors would be held in segregated bank accounts controlled by Schwartz. In the documentation that was provided to CrowdStreet investors, Schwartz represented that he would only “use any proceeds from this Offering, net of any organizational and offering expenses, to fund” the investment in each property and that Schwartz had a fiduciary duty to safeguard the funds and prohibit commingling or use of the money that did not benefit each investment.
But contrary to the representations he made to CrowdStreet investors, and before either the Atlanta Financial Center or Lincoln Place transaction closed, Schwartz misappropriated and converted CrowdStreet investor funds for his own use. Beginning in June 2022, and continuing through June 2023, Schwartz transferred nearly all of the $62.8 million raised through CrowdStreet for the Atlanta Financial Center and Lincoln Place investments out of the segregated bank accounts. He then diverted these funds to his personal bank account, personal brokerage account, and accounts for other unrelated commercial real estate investments affiliated with, and controlled by, him.
Schwartz used the funds raised from the CrowdStreet investors to, among other things, pay for payroll expenses for his commercial real estate businesses, purchase luxury watches, and invest in stocks and options in his brokerage account. Ultimately, in mid-July 2023, the corporate entities that Schwartz formed to receive funds from CrowdStreet investors for their investments in the Atlanta Financial Center and Lincoln Place both filed for Chapter 11 bankruptcy.
Schwartz, 46, of New York, New York, pleaded guilty to one count of wire fraud and faces a maximum penalty of 20 years in prison. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.
Sentencing is scheduled for May 19, 2025, at 2:00 p.m. before U.S. District Judge Steven D. Grimberg.
This case is being investigated by the Federal Bureau of Investigation. The Securities and Exchange Commission’s Division of Enforcement provided valuable assistance in the investigation.
Assistant U.S. Attorney Kelly K. Connors and Trial Attorney Matthew F. Sullivan of the Criminal Division’s Fraud Section are prosecuting the case. Former Assistant U.S. Attorneys David O’Neal and Christopher Huber provided substantial assistance in the investigation and prosecution.
For further information please contact the U.S. Attorney’s Public Affairs Office at USAGAN.PressEmails@usdoj.gov or (404) 581-6280. The Internet address for the U.S. Attorney’s Office for the Northern District of Georgia is http://www.justice.gov/usao-ndga.