Illinois Financial Advisor Sentenced to 2 Years for Investment Fraud and Filing a False Tax Return

MADISON, WIS. - Timothy M. O'Shea, United States Attorney for the Western District of Wisconsin, announced that David Swartz, 59, Highland Park, Illinois, was sentenced today by U.S. District Judge William M. Conley to 2 years in federal prison for wire fraud and assisting in the preparation of a false tax return. Swartz pleaded guilty to these charges on April 11, 2024. As part of his sentence, Swartz was ordered to pay $181,915 in restitution to Victim-1.

Swartz, who worked as an unregistered investment advisor and fund manager, had a close personal relationship with Victim-1, who was a resident of Madison, Wisconsin. Beginning in January of 2009, Victim-1 made regular and periodic investments into Swartz's investment fund with the understanding that Swartz was conservatively investing the money. Beginning in 2018, Swartz began misrepresenting the performance of the fund to Victim-1. For example, the fund lost approximately 23% of its value in 2018, but Swartz sent Victim-1 an email on December 31, 2018, stating that the fund had its "best year yet" and returned "NET almost 9% through November and only a 1.5% loss during December." Despite the heavy losses to the fund, on January 29, 2019, Swartz emailed Victim-1 stating that the fund "had an incredibly great 2018" and was "solidly profitable for the year."

When the fund lost a significant amount of its value in February 2020 due to a series of risky trades, Swartz again lied to Victim-1 about the fund's performance and induced Victim-1 to invest an additional $150,000. On March 18, 2020, Swartz emailed Victim-1 a purported copy of a Charles Schwab account statement for the fund. Swartz had altered the statement to show that the total value of the fund on December 31, 2019, was $1,017,191, however, the actual value of the fund was $58.

On March 7, 2020, Swartz provided a false Schedule K-1 for tax year 2019 to Victim-1 that showed that Victim-1's net short-term capital gains from his investment in the fund exceeded $500,000. In fact, Swartz knew that Victim-1 did not have capital gains from the fund in 2019, because the fund incurred significant losses. Relying on the falsified document, on October 12, 2020, Victim-1 filed a U.S. Individual Income Tax Return Form 1040 for the 2019 tax year that substantially overreported Victim-1's capital gains on Schedule D, Line 5. This caused Victim-1 to report owing an unjustified amount of federal income tax.

The charges against Swartz were a result of an investigation conducted by IRS Criminal Investigation. The prosecution of the case has been handled by Assistant U.S. Attorney Aaron Wegner.