United States v. Sample, No. 17-2086 (10th Cir. 2018)Annotate this Case
Matthew Sample pled guilty to one count of frauds and swindles and two counts of wire fraud. Sample worked as a licensed investment advisor and registered broker for several large brokerage firms, and was recognized as a top advisor. In 2006, Sample began operating the Vega Opportunity Fund (the “Vega Fund”). One year later, in 2007, he closed the fund after it had lost sixty-five percent of its value. Sample had been diverting funds invested in the Vega Fund for his own personal expenses, and had been providing investors with false account statements and quarterly updates on their purported investments. After closing the Vega Fund, Sample moved from Chicago, Illinois, to Albuquerque, New Mexico. In October of 2009, he began a hedge fund called the Lobo Volatility Fund, LLC (the “Lobo Fund”). In a scheme similar to that perpetrated on investors in the Vega Fund, Sample provided false monthly statements showing appreciation in value, engaged in misleading email correspondence about market strategies, and provided false tax reports to Lobo Fund investors. All the while, Sample diverted a total of $1,086,453.62 from investors for his personal use. Sample was sentenced to a five-year term of probation on a rationale that that such a sentence would allow him to repay his victims. The government appealed the sentence, and the Tenth Circuit concurred with the government that this sentence was unreasonable. The case was remanded for resentencing.