Kelli Winger Smart
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| Kelli Rae Winger Smart | |
|---|---|
| Occupation | Mom & baby maker Salt Lake City UTAH |
| Spouse | Brian Jared Smart |
| Her Hobbies Include : | Making Babies, Spending Loot, & Homemaking |
| Spouse | Brian Jared Smart |
| Parents | Frank & Cathy Winger |
| Children | 9 |
| Cost to raise each child | $226,920 <ref> |
Kelli Winger Smart is the wife of the narcissistic, delusional American psychopath, megalomaniac, predator and convicted PONZI scammer Brian J. Smart, an American convicted of securities fraud on June 8th 2011. by the United States of America and the Security and Exchange Commission in Civil Action No. 2:09-cv-00224-DAK. Her husband filed a pro se Appeal filed: July 6th 2011 and the courts rejected it stating that "The circumstances of (Brian) Smart’s invocation of the Fifth Amendment reveal that he was using the privilege to manipulate the litigation process...no error in admitting or excluding evidence—or any other error by the court or a party—is ground for granting a new trial, for setting aside a verdict, or for vacating, modifying, or otherwise disturbing a judgment or order" on April 27th 2012. Welfare payments for the 9 children she made gives her loads of free time to care for the big home & large family, with the free money she now collects from the government welfare program as a reward for making nine babies using the widows stolen loot living in a BIG house in Lehi UTAH. On December 5th 2011 the courts entered a judgment that rendered the money stolen as a non dischargeable debt for the balance of her husbands life. On October 11, 2011 a week after a non dischargeable Judgment was ordered upon her husband, (October 3, 2011) her husband BJ transferred all his interest in the home in Lehi UTAH to her for Ten (10.00) dollars while he was still in bankruptcy. The document now seems to have been removed from the records. In May of 2012 Kelli's father, Frank Winger was sued for the 3rd time in the California Courts for Elder Abuse.
Contents
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[edit] SEC charges
On March 11, 2009, in the Utah Federal Courts, Judge Bruce S. Jenkins
first granted, for the Security
and Exchange Commission (SEC) an injunction temporarily
freezing the assets of Kelli's husband, Brian J. Smart and Smart Assets, LLC, (SALLC)
furthermore ceasing them from continuing to engage in the fraudulent offer and
sale of securities. The District of Utah froze the defendants' assets in what
the complaint describes as a "3 phase" six-year operation that Smart had used to facilitate
his Ponzi scheme. A permanent
injunction hearing requesting
a permanent asset freeze was, once again reset on May 26 to a later date, in the
Utah District Court. [1]
Documents discovered, resembling Bogus Tax Returns, that look to have been signed by Kelli Smart and her husband, convicted Security fraudster BJ Smart showing both Brian and Kelli Smart claimed to banks and lenders that the two had made 2.1 million in 2004 (during his employment at AIM) and 1.6 million in 2005 (Brian's last year at AIM & while Kelli was actually collecting federal housing checks and working as a apartment manager).
The bogus tax returns show a net worth of 19 million dollars, during the term of his employment at AIM Association. The Smart lists D. Brown, in this document as owing THE SMART'S 125,000 dollars on a open note and shows no debts due to his original victims whatsoever.
Kelli and her husband, Convicted PONZI Scammer "BJ Smart" are residents of Lehi, Utah, and together, Kelli Winger Smart and Brian Jared Smart, according to the US Security and Exchange Commission civil documents files in District court in Utah on March 11, 2009 [1] head the investment company Smart Assets, LLC.
On October 12, 2010 & again in September of 2011 a
civil
complaint was filed in the US FEDERAL COURTS, upon Kelli's father: Frank
Winger and his company AIM Association alleging a violation of Section 17(a) of
the Securities Act of 1933 ("Securities Act"), and aided and abetted fraudulent
or deceptive conduct in connection with the purchase or sale of securities, in
violation of Section 10(b) of the Securities Exchange Act of 1934 ("Exchange
Act") and Rule 10b-5 thereunder; (ii) Defendants aided and abetted Brian Smart
and Smart Assets, LLC in fraudulent or deceptive conduct with respect to
investment advisory clients, in violation of Sections 206(1) and 206(2) of the
Investment Advisers Act of 1940 ("Advisers Act"), and fraudulent or deceptive
conduct by a registered investment adviser, in violation of Section 206(4) of
the Advisers Act and Rule 206(4)-2(a)(2) thereunder; and (iii) aided and abetted
Brian Smart and Smart Assets, LLC’s violations of their record-keeping
requirements under Section 204 of the Advisers Act and Rule 204-2(a)(3)
thereunder. The case was re filed in August of 2011 by a well know New York Law
Firm.
On March 11, 2009, in the Utah Federal Courts, Judge Bruce S.
Jenkins granted, for the Security and Exchange Commission (SEC) an injunction
temporarily freezing the assets of Brian J. Smart and Smart Assets, LLC, (SALLC)
furthermore ceasing them from continuing to engage in the fraudulent offer and
sale of securities. The District of Utah froze the defendants' assets in what
the complaint describes as a "3 phase" six-year operation that Smart had used to
facilitate his Ponzi scheme. A permanent injunction hearing requesting a
permanent asset freeze.
On August 21 2009 judge Dale A Kimball issued an order "ORDER
OF PRELIMINARY INJUNCTION AND OTHER RELIEF AS TO BRIAN J. SMART AND SMART ASSETS
LLC" and finds that the commission has made proper showing in support of the
complaint to grant relief as required by sections 20(b) of the Security Act(s)
of 1933 and 1934 to establish a prima facie case and has shown strong likelihood
that it will prevail at time of trial on the merits and that the defendant's and
each of them have engaged in Security Fraud, as described in the SEC Complaint.
On August 25 2009 the Security and Exchange commission filed motions for summary judgment upon Smart Assets LLC and Brian J Smart claiming that he has offered no defense for his actions and that the total losses to investors was 2.05 million dollars. In documents filed by the SEC, spreadsheets show that the Smarts went through over one million dollars in spending sprees that included tens of thousands of dollars on personal and family related items.
Kelli Smart, attended high school at Foothill High School in Santa Ana [2] & Brighton High School Salt Lake City, Utah. She attended college at BRIGHAM YOUNG UNIVERSITY, and it was at that time that, Kelli Rae Winger married Brian Jared Smart. May 14, 1998 in the Salt Lake Temple. According to her blog, She and Brian "lived in Provo, in what she in her blog refers to as "LDS married housing", to May 1999". May of 1999, the Smart's moved to California, and Brian Smart gained employment with Kelli Smart's father, Frank Winger of AIM Association, in Anaheim California.
K
elli Smart worked as an apartment manager, and it has been
reported that she and her husband were collection government housing aid during
this time as well. In January of 2003, only a few months before it is alleged
that her husband forged the signature of a elderly customer at AIM Associates,
the Smarts bought a home in Orange California. Newly discovered BOGUS Tax
Returns, signed by Brian and Kelli show the Smart's made 2,033,666.00 dollars in
2004 and 1.6 million in 2005. These tax returns were presented in connection
with any number of financial transactions and were in fact signed by both BJ &
Kelli.
In June, 2006 the Smart's sold the small California home and moved to Lehi, Utah, into a 4300 sq.ft new tract home, that according to court documents was acquired with the money of her husbands’ victims, but by October 2007 Brian and Kelli reported a net worth of 19, million dollars, with a 60 thousand dollar a year payment going to the church as well as "Feed the Children", none of this was true, and the Smarts were creating a illusion to obtain money from banks and private lenders using bogus financial documents.
According to the TheSmartClan Blog Cache (22 June. 2009):[3] Kelli now has 9 children, and baby number 8, was born in late September 09 a few days after her husband BJ Smart was arrested for assault. Baby number 9 was born within hour of Judge Kimball ruling that Kelli's husband is a PONZI Scammer. The JURY trial on the Assault Charge was Scheduled for January 27, 2010 at Lehi Justice Court Lehi, UTAH. The DA dropped the case as the Witness would not cooperate. The Smart do not let anything get in the way of a "good time" and in fact yet another child was born to the Smarts during the SEC case and baby number 9 was born right about when a judgment was entered upon her husband the BJ for 4.715815 dollars and as of yet the Smarts have not paid a dime, much like O.J. Simpson, with his debt to the Goldman family the Smart's just ignore the victims and the debts owed to them and simply continue to make children and take all the welfare money the 9 children brings in. The "blog" now states it has become private, and that the pursuers of her husband are "crazies", and she offers a e mail address of kellibellysmart@hotmail.com if you would like to be her friend.
During the SEC investigation, Kelli contracted her brothers, to "clean up" the negitive information, published on the internet. 2 of them worked at a SEO company and lived near the Smarts. The SEO companies IP number was exposed on Wikipedia removing edits regarding the data posted on this page. (SEO.COM)
Court records in support of the SEC actions show that Kelli
Winger Smart had been provided with a 23,000 dollar check and withdrawal
[5] from Smart Assets LLC, and that Smart Assets
LLC, was paying personal credit card's and home mortgage and expenses from that account for many years, receiving well over $10,000 dollars a month. During the Deposition of her husband,,[6] Brian J Smart refused to answer any questions related to the funds his wife received from Smart Assets LLC, Brian J Smart invoked his rights under the Fifth Amendment to the United States Constitution over 200 times.; Brian J Smart refused in any manner to answer questions regarding the money that he provided to Kelly Smart Brian invoked his rights under the Fifth Amendment to the United States Constitution from self incrimination.
The SEC Complaint alleges that Brian Smart and "Smart Assets LLC" violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the US Securities Exchange Act of 1934 as well as Rule 10b-5 thereunder. The SEC requested both emergency and preliminary relief, the Commission's Complaint is also seeking permanent injunctions, disgorgement & civil penalties.[7]
Discovery by the SEC has also shown that a bank account in the names of Brian and Kelly Smart had been kept hidden from the SEC, and has been used, by the Smarts to transfer money from an Annuity Account at the Hartford to the Smarts, in Violation of the court order. Further review of the court documents show that Kelly Smart has transferred moneys into this account on a regular basis for an account that was not disclosed by the Smarts to the SEC, in violation of the courts restraining order.[8] ain the courts support and his debts to them are/will be deemed: Non Dischargeable FOR THE BALANCE OF HIS NATURAL LIFE. He lives in a Nice big house that he built with the stolen loot, in Lehi UTAH, with his wife and 9 children. Welfare payments for the 9 children give her load of free time to care for her large family.
As of November of 2011, Kelli Smart is under subpoena to appear for deposition for attorneys for the plaintiffs in the adversarial case that has resulted in an award of a judgment in favor of 2 of the victims or the PONZI operation created by her Husband. Brian Smarts Bankruptcy attorney Brook Sessions called the New York Law office representing some of the victims and explained that Kelli Smart does not want to go to the deposition and tried to tell the lawyer that Kelli Smart does not know anything.
Today Kelli her husband BJ and the 9 children that were made during the time that BJ was robbing elderly widows, live in a nice big house in Lehi UTAH, collecting welfare and enjoying the big home and many things that were purchased with the stolen money.
[edit] Federal Case Index
Federal Case Index
1 SMART, BRIAN J utdoa - File No. 3-14851 4/20/2012 Violation of the Investment Advisors act of 1940
2 SMART, BRIAN J utdce 2:2011-cv-01170 12/15/2011 recovery of a fraudulent transfer of 125 acres located in Kula Maui Hawaii to Allen and Wendell Jacobson
3
SMART,
BRIAN J. cacdce
5:2009mc00007 03/13/2009
4
SMART,
BRIAN J. caedce
2:2009mc00018 03/13/2009
5
SMART,
BRIAN J. hidce 1:2009mc00054
03/13/2009
6 SMART,
BRIAN J. utdce 2:2009cv00224
03/11/2009
7 SMART,
BRIAN J. casdce
3:2009mc00225 03/13/2009
8
SMART,
BRIAN J. candce
3:2009mc80047 03/19/2009
[edit] References
- Judgment Against Defendant Brian Smart for plaintiff Katherine Brown in the amount of 236,935.00 (related document(s):1 Complaint) Plus a prejudgment interest to the same extend as granted by Judge Kimball in SEC v. Brian J. Smart in the amount of $68,624.77 plus post judgment interest compounded annually and Dagmar Chaplin Lee shall have a judgment in the amount of $198,539.00 plus pre judgment interest to the extend granted by Judge Kimball in SEC v. Brain J. Smart in the amount of $57,507.39
- Judgment in the amount of $4,715,580 dollars, signed by Judge Dale Kimball June 6th 2011
- ^ SEC Documents in Support of Complaint. Civil Action No. 2:09-cv-00224-DAK
- ^ Foothill High school Class of 1995
- ^ TheSmartClan Blog Cache (22 June. 2009):
- ^ child number 8
- ^ 23,000 dollar check and withdrawal
- ^ Deposition of Brian J Smart
- ^ Civil Action No. 2:09-cv-00224-DAK] filed March 11, 2009
- ^ Bank Of American account statements showing Kelli Smart's money transfers to Brian Smart
