Scams involving securities fraud and a Ponzi scheme have been uncovered by the U.S. Attorney's Office, Southern District of New York.
What's a Ponzi Scheme and Securities Fraud?
Think of a Ponzi scheme as a house of cards. The person running the scheme promises investors high returns with little to no risk. But instead of generating real profits, they use money from new investors to pay returns to the earlier investors. The whole thing collapses when the scammer can't find enough new investors to keep up with the payments. 🏛️
Securities fraud is a broad term for deceptive practices that trick investors. In this case, Ryan Wear allegedly sold investments in a business—Water Station Management—based on false information. He claimed to sell water vending machines that, in many cases, didn't exist or were sold to multiple people. These investments are considered "securities" because they were essentially contracts where investors gave money in exchange for a stake in the business and a promised return.
The Two Alleged Scams: Wear & Chirico
The Water Station Vending Machine Scam
Ryan Wear, the owner of Water Station Management, is charged with securities fraud and wire fraud. According to the indictment, he raised over $200 million from investors, including military veterans, by promising them a share of profits from water vending machines. In reality, he allegedly:
Manufactured far fewer machines than he claimed.
Sold the same nonexistent or existing machines to multiple investors.
Used money from new investors to pay off earlier investors—a classic Ponzi scheme.
When he couldn't keep the scheme afloat, the company went bankrupt, and investors lost at least $200 million.
The wire fraud charge is tied to using electronic communications, like emails or phone calls, across state lines to carry out the fraudulent scheme.
Aiding and Abetting
The Investment Adviser's Alleged Role
Jordan Chirico was a fund manager trusted with investors' money. He's charged with investment adviser fraud and securities fraud. The allegations against him are a different kind of crime, but one that allegedly made the first scam worse.
Chirico's fund invested more than $100 million in Water Station bonds. However, he allegedly hid a significant conflict of interest: he had a personal financial stake in Water Station worth over $7 million and was receiving millions in payments from the company.
He's accused of investment adviser fraud because he had a fiduciary duty—a legal and ethical obligation to act in his clients' best interest—and he allegedly breached that duty. Instead of protecting his clients, he put his own financial gain first. He allegedly directed his fund to buy more Water Station bonds even after learning from Wear that the company was a fraud and that the supposed collateral for the bonds (the vending machines) didn't exist. Some of the money from these new bond purchases allegedly went directly to repaying debts Wear owed to Chirico.
The Bottom Line
This case is a stark example of how different types of fraud can intersect, resulting in massive losses for investors. The legal system aims to hold both individuals accountable: the person who created the initial Ponzi scheme and the financial professional who allegedly put his own interests above those of his clients, even after knowing the fraud was happening. Both defendants are presumed innocent until proven guilty. 🧑⚖️
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