John DeMarr, U.S.-Based Promoter of Foreign Cryptocurrency
Companies Charged in over $11M Securities Fraud Scheme
February 4, 2021
A California man was charged in a complaint unsealed today
for his alleged participation in a coordinated
cryptocurrency and securities fraud scheme that used
purported digital currency platforms and foreign-based
financial accounts.
John DeMarr, 55, of Santa Ana, was charged in a complaint
filed in the Eastern District of New York with one count of
conspiracy to commit securities fraud. DeMarr made his
initial appearance this afternoon before U.S. Magistrate
Judge John D. Early of the Central District of California.
Judge Early referred the case to the Eastern District of New
York for further proceedings.
“The indictment alleges an elaborate scheme in which the
defendant conspired to lure unsuspecting investors with
fraudulent promises of large returns in the cryptocurrency
market, only to divert millions of dollars for his own
personal use,” said Acting Assistant Attorney General
Nicholas L. McQuaid of the Justice Department’s Criminal
Division. “While the technologies and methods are constantly
changing, the Criminal Division’s commitment to aggressively
pursuing fraud in all its forms remains unchanged.”
“As alleged, DeMarr made misrepresentations and false
promises that coaxed investors into pouring millions of
dollars into fraudulent cryptocurrency schemes, all to
facilitate his extravagant lifestyle,” said Acting U.S.
Attorney Seth D. DuCharme of the Eastern District of New
York. “We will continue to root out and prosecute those who
would cheat investors to line their own pockets.”
“Mr. DeMarr created an elaborate cryptocurrency scheme,
complete with high profile endorsements and incredibly large
returns that proved to be a mirage costing investors
millions,” said Assistant Director in Charge Kristi K.
Johnson of the FBI’s Los Angeles Field Office. “Mr. DeMarr
is now in custody and no longer spending his victims' money,
nor hiding from justice by faking his own disappearance.”
“In today’s hi-tech financial world there are increasingly
more opportunities for fraudsters to take advantage of
people and their bank accounts,” said Special Agent in
Charge Ryan Korner of the IRS-Criminal Investigation
(IRS-CI) Los Angeles Field Office. “John DeMarr’s Bitcoin
operation is one such example of a cryptocurrency investment
scheme that did not payoff for his investors. Claiming to be
part of a cryptocurrency ‘ecosystem,’ DeMarr created nothing
more than an elaborate fraud scheme where he stole his
investors’ money to fund his own personal lifestyle,
resulting in losses totaling over $11 million. Financial
crimes never pay, as one way or another the person behind
the computer will be caught and will be held accountable.”
As alleged in the complaint, between 2017 and 2018, DeMarr
conspired with others to defraud numerous victims of $11.4
million by inducing them to invest in their companies,
“Start Options” and “B2G,” based on materially false and
misleading representations. Start Options purported to be an
online investment platform that provided cryptocurrency
mining, trading, and digital asset trading services. B2G was
purportedly an “ecosystem” that would allow users to trade
B2G tokens, provide digital wallet staking, and trade
digitial and fiat currencies “on a secure, comprehensive
platform.”
According to the allegations, however, both Start Options
and B2G were fraudulent. In approximately December 2017,
DeMarr and others began offering securities in the form of
investment contracts to U.S. and international investors
through the Start Options website. Investments were accepted
in Bitcoin, U.S. dollars, or Euros. To participate,
investors had to deposit their funds for a specified
contract period, after which they could purportedly withdraw
their money at a significant profit.
Among other things, DeMarr and others falsely claimed that
investor funds would be invested in digitial asset mining
and trading platforms that would earn them massive profits.
In truth, however, the money was never invested and was
instead diverted to accounts controlled by DeMarr and others
and used for various personal expeditures, including the
purchase of a Porsche, jewelry, and renovations to DeMarr’s
home in California.
Similarly, according to the complaint, Start Options also
purported to feature celebrity endorsements to promote its
securities offerings. For example, a professional athlete
purportedly endorsed Start Options when, as alleged in the
indictment, the athlete had no involvement with Start
Options and his name and likeness were used without his
consent. Based on this and other fraudulent promotional
materials, investors sent millions of dollars worth of
Bitcoin, Ethereum, and fiat currency to financial accounts,
including cryptowallets, controlled by DeMarr and others in
the U.S. and abroad.
As alleged, in or about late January 2018, rather than
permitting Start Options investors to withdraw money from
their accounts after the requisite time period, DeMarr and
others required investors to roll over their accounts into
an unregistered “initial coin offering,” or ICO, of B2G, the
second of the two fraudulent companies in which DeMarr was
involved. Among other fraudulent misrepresentations, DeMarr
and others falsely told investors that the ICO would raise
capital for the company to build an “ecosystem” that would
allow users to trade B2G tokens, provide digital wallet
staking, and trading. In truth, investors never actually
received any digital tokens and funds from the offering were
not used to develop the B2G platform.
According
to the complaint, DeMarr and others also paid various
promoters, including an actor famous for martial arts films
made in the 1980s and 1990s, to serve as a promoter and
celebrity spokesperson, falsely claiming that B2G could
generate an “8000%” return for investors within one year,
and that he was a participant in the ICO. DeMarr and others
also created false press releases and whitepapers about B2G,
fabricated B2G account statements, and refused to allow
investors to withdraw their money.
As alleged in the complaint, DeMarr staged his own
disappearance to avoid facing disgruntled B2G investors.
DeMarr instructed others to release statements asserting
that DeMarr had been assaulted and went missing in
Montenegro, and telling B2G investors to stop attempting to
contact DeMarr or his family regarding their inability to
have the money they invested in B2G returned. In truth,
however, DeMarr did not disappear in Montenegro and instead
was believed to be residing in California.
This case was investigated by the FBI and IRS-CI. Trial
Attorney Kevin Lowell of the Criminal Division’s Fraud
Section and Assistant U.S. Attorneys Kaitlin Farrell, Hiral
Mehta, and David Pitluck of the Eastern District of New York
are prosecuting the case, with assistance on forfeiture
matters from Assistant U.S. Attorney Laura Mantell.
The Criminal Division’s Fraud Section plays a pivotal role
in the Department of Justice’s fight against white collar
crime around the country. |