Scammed RI Hockey Great Seeks Millions in Bilked Investments

Victor Paul Alvarez, GoLocalProv Contributor

Scammed RI Hockey Great Seeks Millions in Bilked Investments

Rhode Island native and NHL star Bryan Berard stared down his alleged thieves in a New York court this week, aiding investigators as they scrutinize bank transfers and payments from a string of investments that may have bilked up to $100 million from Berard and more than a dozen of his colleagues on the ice.

The accused, Phillip A. Kenner and Tommy C. Constantine, were close to Berard. Born in Woonsocket, Berard attended Mount St. Charles Academy, a school known for generating hockey stars, before leaving at age 17 to play in the elite junior hockey leagues of Ontario. In 1995 he was drafted first overall in the NHL draft, playing 11 successful seasons before retiring in 2009.

Before he discovered their scam, Berard considered these men to be his friends.

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"Hockey players are trustworthy guys. Most of us come from blue collar families. Teammates learn to trust each other at a young age," Berard said.

Kenner, who also played hockey in his teens, spent holidays at Berad's home in Lincoln.

"I looked at him yesterday in court and … I've closed that angry chapter in my life and moved on. Still, that's why I was at the hearings. I wanted both of those guys to look me in the eye and know I'm one of the guys who helped the government make these guys pay for what they've done."

Kenner charged

Last November, a Brooklyn judge unsealed an indictment in federal court charging Kenner, a former financial adviser to several former and current NHL players, and Constantine, also known as Tommy C. Hormovitis, a former professional race car driver, with wire fraud and wire fraud and money laundering conspiracies in connection with schemes involving fraudulent real estate and business investments. Kenner was also charged with wire fraud involving a separate scheme to buy real estate in Sag Harbor, New York.

Police arrested Kenner and Constantine, who Berard and law enforcement agents believe stole millions from investors who trusted them with their nest eggs. The unsealed indictment claims Kenner and Constantine told victims their money would be invested in real estate, privately held companies and a legal defense fund. However, Kenner and Constantine diverted the money and used it for themselves. Kenner faces up to 17 years in prison, while Constantine faces 15 years. Both are being held without bail. A trial date has not been set.

In May 2009 through February 2010, Kenner and Constantine persuaded NHL players to give approximately $4.1 million to fund an attorney’s escrow account, termed the Global Settlement Fund, or GSF, which was to be used to finance litigation related to Mexican land deals. However, only a small fraction of the players’ contributions to the GSF were used for litigation; rather, the vast majority of the money was allegedly transferred into bank accounts controlled by Constantine, and significant portions of the money were used by Kenner and Constantine for purposes unrelated to the GSF, including funding Kenner’s personal investment in a tequila company in Mexico, funding litigation in Florida related to a race car company owned by Constantine, and funding the transfer of Constantine’s Arizona home. The players lost more than $1 million as a result of this scheme.

"Phillip Kenner spun a web of lies, deceit and broken promises that stretched from Hawaii to Mexico to the east end of Long Island," wrote Loretta Lynch, Attorney for the Eastern District of New York, in a letter to the judge overseeing the case.

"Kenner used his school connections to build a client list of NHL players. Once he gained their trust he promptly betrayed it by steering them to fraudulent investment schemes that enriched himself and Constantine to the tune of millions at the players' expense."

Berard (Center) poses among other Mount St. Charles hockey greats (photo: Mathieu Schneider, Picasa)
NHL players targeted

IRS Special Agent in Charge Weirauch said it is not uncommon for investment fraudsters to target a specific group of victims. In this case, the targets were NHL players.

“The cooperation between IRS-Criminal Investigation, the U.S. Attorney’s Office, and the FBI should give the investing public confidence that investment fraud schemes will ultimately be uncovered and thoroughly investigated and that the scammers will be prosecuted. Nevertheless, always take care when entrusting money to others, including to investment professionals whom you already know.”

Those laws enforcement agencies also had help from Berard, who proved as tenacious in pursuit of his financial predators as he was his prey on the ice.

In his younger days Berard spent money freely – as many young athletes do – and didn't worry about his financial portfolio. He assumed it was in good hands with Kenner and Constantine. Now, Berard believes he lost between $3 million and $6 million in forged lines of credit, empty real estate deals and bad investments in a tech startup, a video game company and a shoulder pad company. He said he never made a dime. The fraud is still under investigation and could result in a superseding indictment for upwards of $100 million.

Berard worked tirelessly with former New York police officer John Kaiser to bring down the two alleged thieves. Kaiser invested with Kenner in 2001. After seeing news stories exposing Kenner and Constantine's hockey scams, he started to wonder about his own investments. When he connected with Berard, the two men pored through documents and found their names on forged wire transfers, liens and investments.

Fraudsters living lavishly

Berard says unraveling the scam revealed fake investments, lavish expenses, and forged signatures on lines of credit. While the alleged crimes left some of the players broke and severely in debt, Kenner and Constantine used the cash to afford lifestyles typically attributed to sports stars. Private planes flew them to condos and property in Hawaii, Arizona, Las Vegas and Mexico.

Berard and Kaiser took to the road to reveal the scam to hockey players all over North America. The New York Daily News reported that one player, Dmitri Khristich of Ukraine, who last played for the Washington Capitals, returned to his country broke. Another, Jason Woolley, who played for the Red Wings, Sabres, Penguins, Panthers and Capitals, filed for bankruptcy in September 2012 and listed among his assets his silver medal from the Olympics and two guinea pigs. Woolley listed debts of $212,774.

Other players affected include Michael Peca, Mattias Norstrom, Jere Lehtinen, Glen Murray, Jozef Stumpel, Sergei Gonchar, Chris Simon, Greg deVries, Steve Rucchin, Rem Murray and Turner Stevenson.

In 2013, he joined Providence's Whale Rock Point Partners LLC as director of their sports and entertainment group. He recently gave a presentation to incoming NHL rookies about the dangers of bad investments and the importance of budgeting sports earnings to last a lifetime.


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