A Costa Mesa man was sentenced today to 181 months in federal prison for running fraudulent investment schemes that raised more than $17 million by promising investors – several of them elderly – returns of up to 10% that would be generated through real estate deals that turned out to be bogus, and for disobeying a court order to surrender to federal authorities for violating the terms of his pretrial release, according to the U.S. Attorney’s Office.
Brett Barber, 45, a former co-owner of the Newport Beach-based BNZ Capital One LLC and National American Capital, was sentenced by United States District Judge Otis D. Wright II, who scheduled a January 9, 2025, restitution hearing in this case.
At today’s hearing, Judge Wright said, “There may not have been bloodshed, but this was real violence. [The defendant] knew these people were in their golden years, and he just took it all.”
Barber pleaded guilty in October 2023 to two counts of wire fraud and one count of criminal contempt.
“This defendant enriched himself through a fraudulent investment scheme that solicited millions of dollars from retirement funds belonging to his victims, including older adults,” said United States Attorney Martin Estrada. “My office is committed to protecting vulnerable communities from fraud and other harms. Today’s sentence sends a message to victims that we are here to fight for them and hold con artists and other fraudsters accountable for their actions.”
From May 2019 to October 2021, Barber participated in two schemes to defraud victim investors out of their money and property.
In the first scheme, BNZ Capital, its principals, and several marketers raised money by falsely representing that the firm bought and sold real estate projects and “flipped” real estate. Barber, co-conspirator Louis Zimmerle, 65, of Sacramento, and the marketers falsely promised investors a “guaranteed” return of between 8% and 10%, as well as potential bonuses based on successful deals. According to court documents, Barber told investors that their funds were “safe” and “FDIC insured.”
In fact, while BNZ Capital did purchase some real estate, it did not take any substantial steps to develop parcels, nor did BNZ flip real estate for a profit. Rather, BNZ primarily used investor funds to pay Barber, Zimmerle, and others associated with the scheme, including purchasing residences where Barber and Zimmerle lived. Some of the investors’ money was used to repay earlier investors.
During this scheme, Barber, Zimmerle, and the marketers solicited or caused to be transferred to BNZ Capital approximately $13.8 million from victim investors. Investigators estimate that actual losses resulting from this scheme are at least $7 million.
Barber received and kept approximately $2,933,970 of investor money for his personal gain. At least five BNZ Capital investors were elderly, vulnerable victims who suffered substantial hardship because of the fraud committed against them.
After Barber learned that federal officials were investigating BNZ Capital, he began a second fraudulent scheme, this time involving a company he formed in January 2021 called National American Capital (NAC). The NAC scheme operated, in substance, the same way as the BNZ Capital fraud. That is, Barber and marketers working at his direction lied to investors by saying their money would be used to fund real estate development projects. In fact, there were no such projects, and the only way NAC could repay earlier investors was by soliciting money from new investors.
Specifically, in October 2021, Barber met with a person he believed was a prospective investor, but who in fact was an undercover law enforcement official. During this meeting, Barber told several lies: that NAC had been in business for 20 years, that it owned 10 parcels of land in Laguna Beach, and that it had purchased property in Newport Beach and turned it into a four-plex. None of these statements was true.
This scheme caused a loss of at least $3.5 million. Barber received and kept at least $388,669 of investor money for his personal gain.
During the BNZ Capital and NAC schemes, Barber failed to disclose to investors that he previously was barred from acting as or associating with a broker-dealer by the Financial Industry Regulatory Authority (FINRA).
Finally, after a federal grand jury indicted Barber in October 2021, he was released on bond. In January 2023, a court found that Barber violated the terms of his pretrial release and ordered him to surrender to the United States Marshals Service by January 13. Barber willfully disobeyed the court’s order and failed to surrender. In March 2023, Barber was arrested in Santa Cruz County, California. He eventually was transferred to federal custody in Los Angeles, where he remains.
Zimmerle pleaded guilty in January 2022 to one count of wire fraud for participating in the scheme. Judge Wright on June 3 sentenced Zimmerle to five years’ probation, fined him $10,000, and ordered him to pay $684,500 in restitution.
In October 2021, the United States Securities and Exchange Commission (SEC) filed civil charges against Barber, Zimmerle, and BNZ Capital for fraudulently raising more than $13 million from over 100 retail investors. That litigation remains pending.
The FBI investigated this matter. The SEC provided substantial assistance.
Assistant United States Attorneys Maxwell K. Coll of the Cyber and Intellectual Property Crimes Section and Anne C. Gannon of the Orange County Office prosecuted this case.
