President of NY Real Estate Investment Firm Indicted On Multi-Million Dollar Fraud Charges
Michael Garcia, the U.S. Attorney for the Southern District of New York, announced the indictment of Wilson James Baston, Jr., also known as Will James, by a Federal Grand Jury in Manhattan last week. The Indictment alleges that, over the past five years, Baston defrauded victims out of millions of dollars through Will James Equity Partners, Inc., which claimed to be a real estate investment program which purchased distressed properties in the New York City area as investment vehicles for long and short-term investors.
According to the indictment, from 2002 until earlier this year, Baston recruited over 70 investors through false promises of guaranteed short-term, high rates of return on investments in distressed properties, with additional guarantees on the principal investment. Baston recruited investors in Will James Equity Partners, through a variety of means including word-of-mouth referrals, classified advertisements in the New York Times, and promotional literature. According to one promotional brochure, Will James Equity Partners, purchased so-called “pre-foreclosure” property using funds from “a variety of equity partners,” with terms determined on an individualized, venture-by-venture basis. The brochure stated that, “…equity partners are securitized by first mortgages on the property; paid interest at above market rates; and receive their full equity loan in a balloon payment together with an agreed upon bonus at the sale of the renovated property.”
Baston documented the terms of these investments in promissory notes, in which he promised to pay interest rates, often as high as 20 or 30 percent, to investors along with a guaranteed return on their principal balance within short periods of time, often 30 days or less.
On many occasions, Baston initially repaid both the invested principal and interest as promised, which served to entice his investors to continue investing in Will James Equity Partners, and in most cases, to invest additional, larger sums of money. To make these initial payments to new victims, Baston used monies from other investors, rather than from purchasing, renovating, and flipping preforeclosure properties as he had described to investors. Because his victims believed these initial investments to be successful, many agreed to roll-over their invested funds into new investments, or often invested additional, larger sums of money in the scheme.
Once his targets invested a significant amount of money in Will James Equity Partners, Baston stopped paying them the promised interest and did not return their principal. Eventually, when the victims began to complain to Baston that he had deceived them, Baston employed a variety of lulling tactics and avoided responding to their calls and inquiries. Baston specifically instructed his remaining staff members to deflect inquiries from victims in order to avoid them. When he was unable to avoid some of his investors, he gave false explanations as to why they had not been paid. Despite his claims to victims that Will James Equity Partners, had financial difficulties and was unable to pay back its current investors, Baston continued to recruit new investors by falsely representing the enterprise’s success. In some instances, Baston paid the most vocal victims with the funds he received from these newer investors.
The Indictment alleges that Baston obtained over $10 million from his victims pursuant to this scheme, and charges him with 11 counts of mail fraud and six counts of wire fraud. If convicted on all counts charged in the Indictment, Baston faces a maximum of 85 years’ imprisonment.


