https://www.cryptocoinsnews.com/sec-charges-josh-garza-with-securities-fraud-alleges-bitcoin-ponzi-scheme/http://www.scribd.com/doc/291829693/SEC-Complaint
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ___________________________________________ ) SECURITIES AND EXCHANGE COMMISSION, ) ) Plaintiff, ) ) v. ) Case No. ) HOMERO JOSHUA GARZA, ) GAW MINERS, LLC, and ) ZENMINER, LLC (d/b/a ZEN CLOUD), ) JURY TRIAL DEMANDED ) Defendants. ) ___________________________________________ )
COMPLAINT
Plaintiff United States Securities and Exchange Commission (“the Commission”) alleges the following against Defendants Homero Joshua Garza (“Garza”), GAW Miners, LLC (“GAW Miners”), and ZenMiner, LLC (d/b/a ZenCloud) (“ZenMiner”), and hereby demands a jury trial:
SUMMARY OF THE ACTION
1.
Defendants used the lure of quick riches from a twenty-first century payment system known as virtual currency to defraud investors. Though cloaked in technological sophistication and jargon, defendants’ fraud was simple at its core – defendants sold what they did not own, and misrepresented the nature of what they were selling. 2.
From approximately August 2014 through December 2014, defendants sold – to over 10,000 investors – investment contracts representing shares in the profits they claimed would be generated from using their purported computing power to “mine” for virtual currency. “Mining” for virtual currency means applying computer power to try to solve complex equations that verify a group of transactions in that virtual currency. The first computer (or collection of
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2 computers) to solve such an equation is awarded new units of that virtual currency. This process is known as “mining,” and the computer equipment used in this process, and the humans who own it, are known as “miners.” 3.
Defendants sold shares in the returns from their purported mining operations, via investment contracts that they named “Hashlets.” Hashlet contracts entitled their purchasers to a share of the profits from defendants’ purported “hashing power,” or the computing power (measured in megahash per second), that defendants purportedly devoted to virtual currency mining. In reality, defendants sold far more Hashlets worth of computing power than they actually had in their computing centers. There was no computer equipment to back up the vast majority of Hashlets that defendants sold. 4.
Defendants earned about $19 million in revenue from their sales of Hashlets. 5.
Defendants Garza and GAW Miners made many false and misleading statements about GAW Miners’ virtual currency mining operations to potential and actual investors. For example, they misrepresented: a.
that all of the Hashlets of computing power purchased by investors would be pooled together to engage in virtual currency mining, and that investors’ returns, or “payouts,” would be calculated based on the success of those collective virtual currency mining operations; b.
that buying a Hashlet would allow investors to mine virtual currency without the expense and expertise that would be required to purchase and maintain their own virtual currency mining equipment; c.
the profitability and life-span of Hashlets; d.
the extent of GAW Miners’ mining activities; and how the payouts for Hashlets were derived. Garza and GAW Miners knew that each of these statements was false at the time it was made. 6.
Defendants’ Hashlet sales had many of the hallmarks of a Ponzi scheme. Because defendants sold far more computing power than they owned and dedicated to virtual currency mining, they owed investors a daily return that was larger than any actual return they were making on their limited mining operations. Instead, investors were simply paid back gradually over time, as “returns,” the money that they, and others, had invested. As a result, some investors’ funds were used to make payments to other investors. Most Hashlet investors never recovered the full amount of their investments, and few made a profit. 7.
Through the activities alleged in this Complaint, defendants have engaged in fraud in connection with the purchase or sale of securities, in violation of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) and various subparts of Rule 10b-5 thereunder; and fraud in the offer or sale of securities, in violation of various subparts of Section 17(a) of the Securities Act of 1933 (“Securities Act”). Defendants have also engaged in the offer and sale of unregistered securities, in violation of Sections 5(a) and 5(c) of the Securities Act. 8.
Based on these violations, the Commission seeks: a.
the entry of a permanent injunction prohibiting defendants from further violations of the relevant provisions of the federal securities laws; b.
disgorgement of defendants’ ill-gotten gains, plus pre-judgment interest; and c.
the imposition of civil penalties due to the egregious nature of defendants’ violations...
can't say you didn't see it coming.