A chart showing the use of money improperly diverted to David Smith is displayed as U.S. Attorney Richard Hartunian announces the indictment of Timothy McGinn and David Smith  Thursday Jan 26, 2012 at the U.S. District Courthouse in Albany, N.Y. McGinn and Smith are accused by the SEC of defrauding 900 investors of $136 million.(Lori Van Buren / Times Union) Photo: Lori Van Buren
{}