Source: Office of United States Attorneys
CHARLOTTE, N.C. – U.S. Attorney Russ Ferguson announced today that federal charges were filed against Jon Patrick Kubler, 52, of Redondo Beach, California, for allegedly orchestrating a $4 million investment scheme that targeted elderly and vulnerable victims.
James C. Barnacle, Jr., Acting Special Agent in Charge of the FBI in North Carolina, joins U.S. Attorney Ferguson in making today’s announcement.
According to allegations in the criminal indictment, from December 2017 to April 2023, Kubler defrauded about 30 investors out of more than $4 million through an investment fraud scheme.
Despite not being licensed as an investment adviser, Kubler allegedly provided investment planning and management services to victims who were unsophisticated investors, elderly, and the beneficiaries of settlements or life insurance proceeds. Throughout the scheme, Kubler allegedly made false and fraudulent representations to victims, concealed and omitted material facts, and told deceptive half-truths to induce victims to invest in commercial real estate through companies he owned and operated, including Aksarben Evolution, LLC and Green Saddle, LLC.
To further the scheme and to convince investors their investments were profitable, Kubler allegedly made Ponzi-style payments to victims, using new investors’ money to pay existing investors, purporting the pay-outs were the result of successful investing and not funds from new victims Kubler had solicited. It is further alleged that Kubler used a portion of the investors’ money to pay for personal expenses and to make cash withdrawals, among others.
According to allegations in the indictment, in 2022, a victim investor received a letter from U.S. Securities and Exchange Commission (SEC) regarding its investigation into alleged securities fraud by Kubler. In an effort to conceal the scheme and that he was being investigated by the SEC, Kubler misled the victim by telling her that she did not need to respond to the SEC and that it was normal to receive a letter from the SEC after receiving a large settlement from a third party, as the victim had.
Kubler is charged with securities fraud and transactional money laundering. If convicted, he faces a maximum sentence of 20 years in prison for the securities fraud offense and 10 years for the transactional money laundering offense. A federal district court judge will determine any sentence imposed after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Ferguson thanked the FBI in Charlotte for its investigation of the case.
In addition to the criminal charges, in September 2023, the SEC announced that it obtained a temporary asset freeze, restraining order, and other emergency relief in the U.S. District court in the District of Nebraska against Kubler and several of the entities under his control, for allegedly engaging in a multi-year Ponzi scheme that misappropriated and misused investors’ funds. A final judgment was entered on January 22, 2025, in which Kubler agreed to be permanently enjoined from violating the securities laws and to pay disgorgement and civil penalties.
Special Assistant U.S. Attorney Eric Frick and Assistant U.S. Attorney Graham Billings are in charge of the prosecution.
The charges in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.