Sholam Weiss (born 1954) is a convicted
fraud
In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compens ...
ster.
In 2000, Weiss was sentenced to 845 years in prison for
racketeering
Racketeering is a type of organized crime in which the perpetrators set up a coercive, fraudulent, extortionary, or otherwise illegal coordinated scheme or operation (a "racket") to repeatedly or consistently collect a profit.
Originally and of ...
,
wire fraud
Mail fraud and wire fraud are terms used in the United States to describe the use of a physical or electronic mail system to fraud, defraud another, and are Federal crime in the United States, federal crimes there. Jurisdiction is claimed by the ...
,
money laundering
Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdictions ...
, and other charges in connection to the collapse of the
National Heritage Life Insurance Company
National Heritage Life Insurance Company (NHLC) was an insurance company based in Orlando, Florida. It collapsed as a result of a fraud scheme, and was liquidated in 1995. It is believed to have been the largest insurance company failure caused by ...
. He and other defendants engaged in an immense scheme that siphoned off $450 million from the company, resulting in what was believed to be the largest insurance company failure ever caused by criminal acts.
His sentence was believed to be the longest prison term ever imposed in a U.S. federal court and the longest ever for
white-collar crime.
Weiss fled the country during jury deliberations in October 1999, and was extradited from Austria in 2002. His sentence was
commuted by President
Donald Trump
Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021.
Trump graduated from the Wharton School of the University of Pe ...
on January 19, 2021. Weiss was released that same day.
Early life and background
Weiss grew up in
Borough Park, New York; he attended a
Yiddish
Yiddish (, or , ''yidish'' or ''idish'', , ; , ''Yidish-Taytsh'', ) is a West Germanic language historically spoken by Ashkenazi Jews. It originated during the 9th century in Central Europe, providing the nascent Ashkenazi community with a ver ...
-language
yeshiva
A yeshiva (; he, ישיבה, , sitting; pl. , or ) is a traditional Jewish educational institution focused on the study of Rabbinic literature, primarily the Talmud and halacha (Jewish law), while Torah and Jewish philosophy are s ...
and, as a child, Weiss delivered fruit for his father's fruit stand. As a young man, he did construction work, and purchased Windsor Plumbing Supply in 1974, at the age of 20. The firm was profitable for the 1970s and for most of the 1980s, but declared bankruptcy in the late 1980s.
In 1994, Weiss was indicted on
mail fraud charges and found guilty, for which he served eight months in prison. Weiss had falsely claimed that more than $1 million worth of bathtubs had been damaged in a 1986 warehouse fire.
National Heritage Life Insurance Company fraud
In a scheme that the ''
New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid d ...
'' described as "a series of numbingly complex mortgage and stock frauds", Weiss and others siphoned $450 million from the National Heritage Life Insurance Company. The majority of the insurer's policyholders were elderly Florida residents, and the case attracted little attention outside Florida, but federal authorities "said it ranked as the largest insurance company failure caused by criminal acts in United States history".
In 1990, the insurer was taken over by fraudsters who paid for the company with a check for $4 million, although they did not actually have $4 million.
Then, using a variation on a simple
check-kiting
Check kiting or cheque kiting (see American and British English spelling differences, spelling differences) is a form of check fraud, involving taking advantage of the float (money supply), float to make use of non-existent funds in a checking acc ...
scheme, they lent themselves the money to cover the purchase price. Weiss became involved in the fraud in 1992 through an attorney, Michael Blutrich, who later admitted to the fraud and became a federal witness. After taking control, Weiss and others bought worthless stocks and mortgages in a series of deals that drained the insurer of hundreds of millions of dollars. Much of the money vanished, and millions went into accounts controlled by Weiss.
The heavy involvement of attorneys, who comprised one-quarter of the persons eventually convicted, helped the conspirators keep the fraud secret.
National Life, which was liquidated in 1995, had about 35,000 policy holders, of whom about 10,500 lived in Florida. Many lost their life savings as a result of the fraud, though various guaranty funds repaid policy and annuity holders about $420 million.
Trial, sentencing and flight
Weiss rejected a government offer of a plea deal in which he would have served five years in prison, and chose to go to trial.
Weiss fled the country while the jury was deliberating. In November 1999, he was found guilty
in absentia at the trial and was sentenced to 845 years in prison, three years of supervised release, a fine of $123.4 million and ordered to pay $125 million in restitution. Asset forfeitures of $57 million were also ordered.
The restitution was paid.
In addition to Weiss, 15 other defendants pleaded guilty or were convicted in the fraud case by the time he was sentenced, and several were serving long prison terms.
After fleeing the trial Weiss travelled to Israel, Belgium, Brazil, Austria and the United Kingdom.
Weiss shaved his beard, lost weight, used prepaid phones and created false identities to avoid detection. During this time he lived an extravagant lifestyle and spent money on fine dining, gambling and prostitution.
He was apprehended in
Vienna
en, Viennese
, iso_code = AT-9
, registration_plate = W
, postal_code_type = Postal code
, postal_code =
, timezone = CET
, utc_offset = +1
, timezone_DST ...
, Austria and
extradited to the United States in 2002.
At the time of his extradition, Weiss was believed by the FBI to have control of $250 million stolen from National Life.
Another estimate was that he controlled half of the $450 million he helped steal.
Campaign to commute sentence
Weiss' sentence was controversial due to its length, which exceeded the 150-year sentence imposed on
Bernard Madoff. The
National Association of Criminal Defense Lawyers included Weiss with other clemency petitions it submitted to the
White House
The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. ...
. Rep.
Sean Patrick Maloney asserted that the sentence was retaliation for rejecting a five-year plea deal.
Weiss hired lobbyist
Brett Tolman
Brett L. Tolman (born June 10, 1970) is a former United States Attorney for the District of Utah from July 2006 to December 2009. Before becoming U.S. Attorney, Tolman worked as counsel in the Senate Judiciary Committee for committee chairs Orrin ...
to press for commutation, and other supporters included former
U.S. Attorney General
The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the p ...
Edwin Meese
Edwin Meese III (born December 2, 1931) is an American attorney, law professor, author and member of the Republican Party who served in official capacities within the Ronald Reagan's gubernatorial administration (1967–1974), the Reagan pres ...
, former
U.S. Solicitor General
The solicitor general of the United States is the fourth-highest-ranking official in the United States Department of Justice. Elizabeth Prelogar has been serving in the role since October 28, 2021.
The United States solicitor general represent ...
Seth Waxman
Seth Paul Waxman (born November 28, 1951) is an American lawyer who served as the 41st Solicitor General of the United States from 1997 to 2001. He then returned to private legal practice, and serves as the co-chairman of the appellate and Supr ...
and
Harvard Law School
Harvard Law School (Harvard Law or HLS) is the law school of Harvard University, a private research university in Cambridge, Massachusetts. Founded in 1817, it is the oldest continuously operating law school in the United States.
Each class ...
professor
Alan Dershowitz. The commutation campaign was spearheaded by his nephew.
''
The New York Times
''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' reported that Weiss was one of several "wealthy or well-connected people" who "benefited from their social, political, or financial ties to a loose collection of lawyers, lobbyists, activists and Orthodox Jewish leaders who had worked with Trump administration officials on criminal justice legislation championed by Jared Kushner." It reported that Weiss' case had been discussed at the White House for several years but met resistance. A Republican operative brought it to the attention of
Mark Meadows, Trump's chief of staff, and Weiss' commutation followed.
On January 19, 2021, President Donald Trump commuted Weiss's sentence, in one of the 70 pardons and 73 sentence commutations issued on his last full day in office. A White House statement said that Weiss "has already served over 18 years and paid substantial restitution. He is 66 years old and suffers from chronic health conditions."
Two months later, Weiss suffered a
stroke
A stroke is a medical condition in which poor blood flow to the brain causes cell death. There are two main types of stroke: ischemic, due to lack of blood flow, and hemorrhagic, due to bleeding. Both cause parts of the brain to stop functionin ...
.
In an editorial, ''
The Washington Post
''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' criticized the commutation, noting that Weiss had "skipped town before his verdict, forcing federal officers to track him across continents", and opined that "of the inmates in federal prison, he is among the least deserving".
See also
*
List of people granted executive clemency by Donald Trump
References
External links
Sholam Weiss episode of ''American Greed'', CNBCText of executive grant of clemency, U.S. Department of Justice
{{DEFAULTSORT:Weiss, Sholam
1954 births
Living people
20th-century American businesspeople
21st-century American criminals
American businesspeople convicted of crimes
American confidence tricksters
American investors
20th-century American Jews
American money launderers
American people convicted of fraud
American prisoners and detainees
American people of Hungarian-Jewish descent
Fugitive financiers
People convicted of racketeering
People extradited from Austria
People extradited to the United States
People from Brooklyn
Prisoners and detainees of the United States federal government
Recipients of American presidential clemency
21st-century American Jews