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Financial Advisor, Financial Planner, NBA Agent, And Previously Convicted Fraudster Charged With Schemes To Defraud Professional Basketball Players

Mar 23, 2023 · Sourced to the U.S. Department of Justice

The charges described here are allegations. The defendant(s) are presumed innocent unless and until proven guilty in a court of law. This page reflects only what the Department of Justice has publicly announced, and links to the original release.

Damian Williams, the United States Attorney for the Southern District of New York, and Michael J.

Announced

Mar 23, 2023

Status

Charged

Defendants

  • Darryl Cohenage 49 · Chatsworth, California; Las Vegas, Nevada · indicted
  • Brian Gilderage 49 · North Ridge, California · indicted
  • Charles Briscoeage 35 · Katy, Texas · indicted
  • Calvin Darden, Jr.age 49 · Atlanta, Georgia · indicted

Charges

  • Conspiracy to commit wire fraud

    Max: 20 years in prisonDarryl Cohen· indicted

  • Wire fraud

    Max: 20 years in prisonDarryl Cohen· indicted

  • Investment advisor fraud

    Max: five years in prisonDarryl Cohen· indicted

  • Conspiracy to commit wire fraud

    Max: 20 years in prisonBrian Gilder· indicted

  • Wire fraud

    Max: 20 years in prisonBrian Gilder· indicted

  • Conspiracy to commit wire fraud

    Max: 20 years in prisonCharles Briscoe· indicted

  • Wire fraud

    Max: 20 years in prisonCharles Briscoe· indicted

  • Aggravated identity theft

    Max: mandatory two years in prisonCharles Briscoe· indicted

  • Conspiracy to commit wire fraud

    Max: 20 years in prisonCalvin Darden, Jr.· indicted

  • Wire fraud

    Max: 20 years in prisonCalvin Darden, Jr.· indicted

Financial actions

  • fraud loss: more than $13 millionTotal amount defendants defrauded four professional basketball players
  • fraud loss: over $5 millionAmount Cohen defrauded three professional basketball player clients through advisory and fiduciary relationships
  • fraud proceeds: approximately $4.5 millionProfit Law Firm-1 made from sale of viatical life insurance policies to athlete clients at markups
  • misappropriation: approximately $257,479Funds Gilder used to pay off a mortgage he owed
  • misappropriation: approximately $178,462Funds Cohen used to renovate his home and perform work on his pool
  • misappropriation: approximately $67,500Funds Cohen used to pay off his personal credit card bill
  • misappropriation: approximately $200,000Funds Cohen transferred to an individual with whom he was in a romantic relationship
  • misappropriation: $500,000Funds Cohen directed to be transferred from accounts of Athletes-2 and -3 as purported donations to a non-profit organization
  • misappropriation: approximately $238,000Funds purportedly donated to non-profit that Cohen used to build athletic training facilities in backyard of his home
  • misappropriation: approximately $328,125Athlete-2's money channeled to repay former professional baseball player (Athlete-4)
  • fraud loss: $7 millionFunds Athlete-5 transferred to bank account controlled by Darden, Jr. for purported purchase of Team-1
  • misappropriation: more than $1 millionFunds Darden, Jr. transferred to Briscoe
  • misappropriation: more than $500,000Funds Darden, Jr. sent to a relative
  • misappropriation: more than $400,000Funds Darden, Jr. sent to a cryptocurrency exchange for his benefit
  • misappropriation: approximately $880,000Funds Darden, Jr. spent on luxury car companies
  • misappropriation: more than $300,000Funds Darden, Jr. spent at art galleries
  • misappropriation: more than $100,000Funds Darden, Jr. used to purchase a piano
  • misappropriation: in excess of approximately $1 millionFunds Darden, Jr. spent in connection with purchasing and improving a residence, including addition of a koi pond
  • fraud loss: $1 millionFunds Briscoe directed Athlete-2 to transfer as a purported 'loan' to Athlete-6
  • misappropriation: approximately $306,642Funds transferred by Athlete-2 that Briscoe used to pay off a personal debt
  • misappropriation: approximately $544,000Funds Briscoe transferred to a bank account controlled by Darden, Jr.

From the announcement

We gotta send [Athlete-4] more to get rid of him.
Darryl Cohen, Registered investment adviser

Investigating agencies

United States Attorney's Office for the Southern District of New YorkFederal Bureau of InvestigationUnited States Attorney's Office for the Central District of CaliforniaUnited States Attorney's Office for the Northern District of GeorgiaUnited States Attorney's Office for the Southern District of TexasU.S. Securities and Exchange Commission

Case details

Prosecuting office
Southern District of New York
Aggravated Identity TheftCharitable Donation DiversionCryptocurrencyFraud Against Professional AthletesFraudulent Sports Team AcquisitionInteragency And Parallel Enforcement CooperationInvestment Advisor FraudMisappropriation Of Funds And Personal EnrichmentRecidivism / Repeat OffenderViatical Life Insurance FraudWire Fraud

Primary source

Every fact above is drawn from the Department of Justice's own announcement — a public-domain government record.

Read the original DOJ release →

This is a research and reference page compiled from public DOJ announcements, not legal advice. Details reflect the government's statements as of its release date and may not capture later developments such as appeals, dismissals, or overturned convictions. Defendants are presumed innocent unless and until proven guilty.