The former Chief Financial Officer of EarthWater Limited (EarthWater), a Dallas-based company, pleaded guilty on June 7 to 22 charges for a multimillion-dollar, high-yield investment fraud scheme that targeted elderly victims. In addition, another individual who sold EarthWater securities pleaded guilty today to one charge related to the investment fraud scheme.
According to court documents, Harley E. “Buddy” Barnes III, 63, of Plano, Texas, pleaded guilty to conspiracy, fraud, and money laundering charges. Barnes, who was EarthWater’s CFO, conspired to and obtained investor funds through a scheme to defraud. Relatedly, Joe Edward Duchinsky, 67, of Alhambra, California, who sold EarthWater securities, pleaded guilty to conspiracy to commit mail and wire fraud.
According to court documents, beginning in or about 2013 and continuing through or about May 2019, Barnes, as CFO of EarthWater, and Duchinsky, as a salesperson of EarthWater stock, participated in a fraudulent scheme to convince individuals in the United States, the United Kingdom, and Canada to invest in EarthWater under the false pretense that their investment would increase substantially in value in the immediate future. In connection with the scheme, Barnes, Duchinsky, and their co-conspirators made materially false and fraudulent misrepresentations to investors that the majority of investor funds would be used to support EarthWater’s operations. In fact, the funds were used to pay undisclosed, excessive commissions to Duchinsky and others for selling EarthWater stock on Barnes’s behalf. Barnes, Duchinsky, and their co-conspirators knew that the proceeds of EarthWater stock sales were not invested in EarthWater as described to victim investors, but rather paid out to Barnes, Duchinsky, and their co-conspirators and others for their personal benefit. Barnes also engaged in money laundering involving investor funds obtained as part of the scheme.
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