Tuesday, August 15, 2023

Founder Of Artificial Intelligence Start-Up Charged With Fraud

 

Defendant, Who Also Served as CEO, Charged with Misrepresenting Company’s Financial Condition Before Its Collapse

Damian Williams, the United States Attorney for the Southern District of New York, announced the unsealing of an Indictment charging MICHAEL BRACKETT with lying to investors about the financial condition of Centricity Inc., a technology company that BRACKETT founded in 2019.  As alleged in the Indictment, BRACKETT — who also served as Centricity’s CEO — persuaded a victim to invest $500,000 in the company by sending a falsified customer list that included grossly inflated revenue numbers.  Days later, BRACKETT resigned from Centricity, which ceased operations soon afterward.

BRACKETT was arrested earlier today in the District of Maine, where he will be presented before making an initial appearance in the Southern District of New York.  The case is assigned to United States District Judge John G. Koeltl in the Southern District of New York. 

U.S. Attorney Damian Williams said: “Although the industry is cutting edge, the crime was strictly analog: as alleged, Brackett fabricated documents and revenue numbers to persuade victims to invest in his start-up company.  As in any other industry, investors in AI deserve transparency and fair dealing when considering if and where to invest in new technologies.”

According to the Indictment unsealed today in Manhattan federal court:[1]

Centricity was a New York City-based technology company that sought to give retailers, especially grocery stores, better insight into consumers’ preferences.  According to public statements, Centricity used artificial intelligence algorithms that could analyze some 2.5 billion data points’ worth of internet traffic a day to predict demand for products, so that retailers could stock their shelves accordingly.

While serving as CEO of Centricity, BRACKETT repeatedly misrepresented the company’s financial condition.  In spring 2021, BRACKETT sent prospective short-term lenders a bank statement that BRACKETT had manipulated to reflect that Centricity had more funds in its account than it actually did.  In June 2021, BRACKETT sent a potential investor (“Victim‑1”) a spreadsheet that purportedly reflected Centricity’s current customers and monthly revenue.  In fact, the majority of the 13 companies listed on the spreadsheet were not Centricity’s customers, and Centricity’s revenue was only a fraction of the amount listed on the spreadsheet.

Relying on BRACKETT’s misrepresentations, Victim-1 signed a convertible promissory note and directed an associate to wire $500,000 to Centricity.  Within days, however, Victim-1 learned the truth about Centricity’s financial condition and attempted, unsuccessfully, to reverse the wire.  Days later, BRACKETT resigned from Centricity, and, soon afterward, Centricity ceased operations.  Victim-1 ultimately was unable to recover any of the $500,000 investment.

BRACKETT, 36, a U.S. citizen residing in Switzerland, is charged with one count of securities fraud and one count of wire fraud, each of which carry a maximum sentence of 20 years in prison.

The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant would be determined by the judge.  

Mr. Williams praised the outstanding investigative work of the Special Agents from the U.S. Attorney’s Office for the Southern District of New York.

The charges contained in the Indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

Attorney General James Secures $275,000 from Car Rental Company Avis Budget for Unlawfully Denying Rentals to Consumers

 

Avis Budget Rental Locations throughout New York Illegally Refused to Rent Cars to Consumers without a Credit Card

New York Attorney General Letitia James today secured $275,000 from the car rental company Avis Budget Group Inc. (Avis Budget) for illegally denying car rentals to consumers who did not provide a credit card. New York state law prohibits rental vehicle companies from denying services to customers who do not have a credit card. An investigation by the Office of the Attorney General (OAG) found that 74 Avis Car Rental and Budget Rent a Car locations across New York informed customers that a credit card was required to rent a vehicle. As a result of today’s agreement, Avis Budget must pay the state $275,000 in penalties and update their policies and employee training.

“Having a credit card is not a prerequisite to rent a car to get to work or go on a family trip to explore our great state,” said Attorney General James. “Avis Budget put up unfair roadblocks for consumers who do not have a credit card and prevented them from renting cars. This practice unfairly harms low-income consumers and communities of color who are less likely to own a credit card, and no one should be discriminated against because of their credit or banking status. I encourage consumers to submit complaints and concerns to my office if they feel they have been treated unfairly or illegally.”

Avis Budget owns and operates car rental brands such as Avis Car Rental and Budget Rent a Car and has over 100 locations across New York. The OAG opened an investigation into Avis Budget in 2022 after receiving a complaint from a customer who was denied a rental because they were unable to provide a credit card. 

The OAG investigators visited Avis Budget locations in Buffalo and Amherst and were denied a car rental because they did not provide a credit card. In addition, OAG investigators called several Avis Budget locations across the state, including in New York City and Syracuse, and 74 Avis Budget locations refused to accept debit cards or provide other accommodations for those who do not have a credit card, in violation of New York law. Several locations also had signs displayed at their stores saying that they did not accept debit cards.

Most rental car companies allow individuals without a credit card to rent a vehicle by placing a cash deposit or a hold on a debit card. According to a report by the Federal Reserve Bank of New York, roughly 30 percent of Americans do not have a credit card and low-income communities are less likely to have a credit card. New York’s car rental law is intended to provide equal access to a car rental to everyone, denying consumers services because they do not have a credit card disproportionately harms vulnerable communities. 

As a result of today’s agreement, Avis Budget must pay the state $275,000 in penalties. In addition, the company is required to update its employee trainings to ensure that all employees are acting in compliance with rental vehicle protections and provide OAG with compliance reports.

New Yorkers with consumer concerns are encouraged to file a complaint online with the OAG’s Consumer Frauds and Protection Bureau or call 1-800-771-7755.

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