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U.S.-Based Promoter of Foreign Cryptocurrency Companies Charged in over $11 Million Securities Fraud Scheme | OPA

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February 2, 2021
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A California man was charged in a grievance unsealed immediately for his alleged participation in a coordinated cryptocurrency and securities fraud scheme that used purported digital forex platforms and foreign-based monetary accounts. 

John DeMarr, 55, of Santa Ana, was charged in a grievance filed within the Jap District of New York with one depend of conspiracy to commit securities fraud. DeMarr made his preliminary look this afternoon earlier than U.S. Justice of the Peace Choose John D. Early of the Central District of California. Choose Early referred the case to the Jap District of New York for additional proceedings.

“The indictment alleges an elaborate scheme during which the defendant conspired to lure unsuspecting traders with fraudulent guarantees of enormous returns within the cryptocurrency market, solely to divert hundreds of thousands of {dollars} for his personal private use,” mentioned Appearing Assistant Legal professional Basic Nicholas L. McQuaid of the Justice Division’s Felony Division. “Whereas the applied sciences and strategies are always altering, the Felony Division’s dedication to aggressively pursuing fraud in all its varieties stays unchanged.”

“As alleged, DeMarr made misrepresentations and false guarantees that coaxed traders into pouring hundreds of thousands of {dollars} into fraudulent cryptocurrency schemes, all to facilitate his extravagant life-style,” mentioned Appearing U.S. Legal professional Seth D. DuCharme of the Jap District of New York. “We are going to proceed to root out and prosecute those that would cheat traders to line their very own pockets.”

“Mr. DeMarr created an elaborate cryptocurrency scheme, full with excessive profile endorsements and extremely giant returns that proved to be a mirage costing traders hundreds of thousands,” mentioned Assistant Director in Cost Kristi Okay. Johnson of the FBI’s Los Angeles Discipline Workplace. “Mr. DeMarr is now in custody and now not spending his victims’ cash, nor hiding from justice by faking his personal disappearance.”                                                                                        

“In immediately’s hi-tech monetary world there are more and more extra alternatives for fraudsters to make the most of individuals and their financial institution accounts,” mentioned Particular Agent in Cost Ryan Korner of the IRS-Felony Investigation (IRS-CI) Los Angeles Discipline Workplace. “John DeMarr’s Bitcoin operation is one such instance of a cryptocurrency funding scheme that didn’t payoff for his traders. Claiming to be a part of a cryptocurrency ‘ecosystem,’ DeMarr created nothing greater than an elaborate fraud scheme the place he stole his traders’ cash to fund his personal private life-style, leading to losses totaling over $11 million. Monetary crimes by no means pay, as a technique or one other the particular person behind the pc can be caught and can be held accountable.”

As alleged within the grievance, between 2017 and 2018, DeMarr conspired with others to defraud  quite a few victims of $11.4 million by inducing them to put money into their corporations, “Begin Choices” and “B2G,” based mostly on materially false and deceptive representations. Begin Choices presupposed to be an internet funding platform that offered cryptocurrency mining, buying and selling, and digital asset buying and selling companies. B2G was purportedly an “ecosystem” that may enable customers to commerce B2G tokens, present digital pockets staking, and commerce digitial and fiat currencies “on a safe, complete platform.”

In line with the allegations, nevertheless, each Begin Choices and B2G have been fraudulent. In roughly December 2017, DeMarr and others started providing securities within the type of funding contracts to U.S. and worldwide traders by means of the Begin Choices web site. Investments have been accepted in Bitcoin, U.S. {dollars}, or Euros. To take part, traders needed to deposit their funds for a specified contract interval, after which they might purportedly withdraw their cash at a major revenue. 

Amongst different issues, DeMarr and others falsely claimed that investor funds can be invested in digitial asset mining and buying and selling platforms that may earn them huge earnings. In fact, nevertheless, the cash was by no means invested and was as a substitute diverted to accounts managed by DeMarr and others and used for numerous private expeditures, together with the acquisition of a Porsche, jewellery, and renovations to DeMarr’s dwelling in California. 

Equally, in response to the grievance, Begin Choices additionally presupposed to function celeb endorsements to advertise its securities choices. For instance, an expert athlete purportedly endorsed Begin Choices when, as alleged within the indictment, the athlete had no involvement with Begin Choices and his identify and likeness have been used with out his consent. Based mostly on this and different fraudulent promotional supplies, traders despatched hundreds of thousands of {dollars} price of Bitcoin, Ethereum, and fiat forex to monetary accounts, together with cryptowallets, managed by DeMarr and others within the U.S. and overseas. 

As alleged, in or about late January 2018, slightly than allowing Begin Choices traders to withdraw cash from their accounts after the requisite time interval, DeMarr and others required traders to roll over their accounts into an unregistered “preliminary coin providing,” or ICO, of B2G, the second of the 2 fraudulent corporations during which DeMarr was concerned. Amongst different fraudulent misrepresentations, DeMarr and others falsely informed traders that the ICO would increase capital for the corporate to construct an “ecosystem” that may enable customers to commerce B2G tokens, present digital pockets staking, and buying and selling. In fact, traders by no means really acquired any digital tokens and funds from the providing weren’t used to develop the B2G platform.

In line with the grievance, DeMarr and others additionally paid numerous promoters, together with an actor well-known for martial arts movies made within the Nineteen Eighties and Nineteen Nineties, to function a promoter and celeb spokesperson, falsely claiming that B2G might generate an “8000%” return for traders inside one yr, and that he was a participant within the ICO. DeMarr and others additionally created false press releases and whitepapers about B2G, fabricated B2G account statements, and refused to permit traders to withdraw their cash. 

As alleged within the grievance, DeMarr staged his personal disappearance to keep away from dealing with disgruntled B2G traders. DeMarr instructed others to launch statements asserting that DeMarr had been assaulted and went lacking in Montenegro, and telling B2G traders to cease trying to contact DeMarr or his household concerning their incapability to have the cash they invested in B2G returned. In fact, nevertheless, DeMarr didn’t disappear in Montenegro and as a substitute was believed to be residing in California.

The cost within the grievance is predicated on allegations, and the defendant is presumed harmless except and till confirmed responsible. 

This case was investigated by the FBI and IRS-CI. Trial Legal professional Kevin Lowell of the Felony Division’s Fraud Part and Assistant U.S. Attorneys Kaitlin Farrell, Hiral Mehta, and David Pitluck of the Jap District of New York are prosecuting the case, with help on forfeiture issues from Assistant U.S. Legal professional Laura Mantell. 

The Felony Division’s Fraud Part performs a pivotal position within the Division of Justice’s combat in opposition to white collar crime across the nation.



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