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Tuesday, April 23, 2002

Investing scheme leads to prison


78-year-old former minister given 4 years

By Cliff Peale cpeale@enquirer.com
The Cincinnati Enquirer

        BATAVIA — Despite pleas from his lawyer that his age and failing health make a jail term meaningless, Gerald Lach will spend more than three years in prison. The former Clermont County minister was taken into custody Monday morning after Common Pleas Judge William Walker imposed the four-year sentence.

        Mr. Lach, 78, will get credit for the 297 days he already has served in the county jail. Last month, he pleaded guilty to 12 counts of selling unregistered securities and misleading investors. Mr. Lach will serve the sentences on each of the counts concurrently.

        The sentencing ends a three-year saga that saw Mr. Lach sell $2.3 million in securities to almost 800 investors for projects that never happened. He
was indicted two separate times, totaling 59 counts.

        After the guilty plea on 12 of those counts, the only question remaining was whether he would go to prison.

        Judge Walker said he saw no remorse in Mr. Lach and no ability to repay investors. The only possible mitigating factors were Mr. Lach's age and bad health, he said.

        “This is a man who probably doesn't have much life left,” Mr. Lach's lawyer, H. Louis Sirkin, told Judge Walker.

        But prosecutors and the Ohio Department of Securities urged the judge to put Mr. Lach in prison. They pointed out that after a 55-count indictment in August 2000, he was caught selling more securities and indicted anew on four counts in January 2001.

        “We are genuinely concerned we will see Mr. Lach again if he isn't incarcerated in this case,” said Matt Fornshell, head of the enforcement section at the Ohio Division of Securities.

        Projects advocated by Mr. Lach included an outer-belt highway around the Tristate, a high-tech monorail system and a 110-story tower for senior housing.

        More than two-thirds of the $2.3 million Mr. Lach raised had been spent mainly on consultants and architects, with some of the money going to family members, records showed.

        Bill Miller of Clermont County, who invested $6,000 of his own money and about $3,000 more of his family's money with Mr. Lach, said he would have been satisfied if Mr. Lach escaped a prison term.

        “I feel really, really sorry for him,” said Mr. Miller, who recovered most of his original $6,000 investment after a receiver took charge of Mr. Lach's assets. “I don't believe he will (do it again) at his age. It's kind of a hard call to make.”

        A court-appointed receiver still will search for assets that could be returned to investors. But only about $25,000 has been recovered, and there is scant hope more money can be found.

        “We can't bring the money back,” Mr. Sirkin said.

       



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