Several lawsuits have been filed including a class action lawsuit on behalf of investors. The lawsuits name Daniel Mohler, Evergreen Investment Corp., Evergreen Homes, and the companies' owner, David Willan as defendants. From 2004 to 2006, Evergreen Investment sold high yield securities to fund building operations of Evergreen Homes, which built moderately priced homes and sold them to people who had trouble qualifying for standard mortgages. The lawsuits claim Evergreen Investment sold certificates while the company was insolvent; it alleges Mohler was not properly licensed to sell certificates and was paid improper commissions. The class action suit alleges the defendants violated Ohio securities laws and fraudulently misrepresented facts about investments. The defendants allegedly worked together in a conspiracy to mislead investors in their enterprise.
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