UPDATED 10:10 P.M. EDT U.S.A. His Achieve Community cycler colleague Kristi Johnson now charged both civilly and criminally, Troy A. Barnes is professing ignorance.
In a June 22 letter to U.S. Magistrate Judge Craig B. Shaffer of the District of Colorado, Barnes offered reasons for missing a June 3 conference call with the court. The letter was docketed June 26.
Starting off by advising the judge he “meant no disrespect” by missing the call, Barnes explained that he has a sick child who has been hospitalized since May 4.
Barnes, 52, of Riverview, Mich., went on to explain that he did not have counsel and was “Guilty of being ignorant” in the SEC’s civil case filed in February in which he and Johnson both are charged.
Saying he desired to cooperate, Barnes ventured that “I would prove that I am very guilty of being ignorant but still I want to do the right thing.”
Barnes previously has claimed to be a target of a federal criminal investigation.
The SEC’s civil case was brought in the District of Colorado. The criminal charges against Johnson are filed in the Western District of North Carolina.
In a 17-page complaint that was filed under seal on Feb. 12, the SEC described the Achieve Community as a “pure Ponzi and pyramid scheme” whose revenue “has consisted entirely of investor-contributed funds.”
“Johnson and Barnes have made no effort to generate profits from any legitimate business operations from which they could repay earlier investors,” the SEC charged. “Instead, the sole source of repayments to earlier investors is funds contributed by newer investors.”
Whether Barnes continues to be a subject of a criminal probe is unclear.
Johnson, 60, of Aurora, Colo., was charged criminally with wire-fraud conspiracy earlier this month and agreed to plead guilty, federal prosecutors in North Carolina said. The investigation was conducted by the U.S. Secret Service, which also is investigating Zeek Rewards.
NOTE: Our thanks to the ASD Updates Blog.