The U.S. Securities and Exchange Commission (SEC) has initiated formal charges against the cryptocurrency investment platform Novatech, its founders Cynthia and Eddy Petion, and several of its promoters, for orchestrating a massive fraudulent scheme. This legal action underscores a significant crackdown on deceptive investment operations within the digital asset space.
On August 12, 2024, the SEC detailed its allegations against Novatech, accusing the company and its principals of defrauding over 200,000 investors worldwide and misappropriating more than $650 million through a sophisticated Ponzi scheme. The complaint highlights how the founders purportedly attracted investors by promising immediate returns from investments in digital assets and foreign exchange markets.
Details of the Fraudulent Scheme
The scheme reportedly operated by attracting investors to contribute funds under the guise of profitable market investments. However, according to the SEC’s findings, only a minimal fraction of the pooled funds were actually allocated for trading purposes. The bulk of the capital was instead used to sustain the scheme by making payouts to earlier investors—a classic hallmark of a Ponzi scheme.
Mechanics of the Scheme:
- Investment Claims: Promised consistent profits from day one of investment.
- Actual Allocation: Limited investment in markets, with most funds redirected internally.
Role of Promoters in the Scheme
The SEC’s complaint also names several individuals who actively promoted Novatech, including Martin Zizi, Dapilinu Dunbar, James Corbett, Corrie Sampson, John Garofano, and Marsha Hadley. These promoters are accused of playing pivotal roles in expanding the reach of the scheme by attracting new investors through various channels.
Eric Werner, director of the SEC’s Fort Worth Regional Office, emphasized the accountability of both the scheme’s architects and its promoters: “MLM schemes of this size require promoters to fuel them, and today’s action demonstrates that we will hold accountable not just the principal architects of these massive schemes, but also promoters who spread their fraud by unlawfully soliciting victims.”
The SEC is pursuing several legal remedies to address the consequences of the alleged fraud:
- Permanent Injunctive Relief: To prevent the defendants from engaging in future securities law violations.
- Civil Penalties: Monetary fines against the defendants for their roles in the fraud.
- Disgorgement Fines: Repayment of ill-gotten gains.
- Return of Funds: To reimburse the defrauded investors.
In a parallel legal action, New York Attorney General Letitia James filed a lawsuit in June 2024 on behalf of over 11,000 New York City residents who invested in Novatech, accusing the company and its partners of similar fraudulent activities.
| Entity | Action | Allegation |
|---|---|---|
| SEC | Fraud Charges | Ponzi scheme, misuse of funds, promoter involvement |
| New York Attorney General | Lawsuit | Ponzi scheme, community-specific targeting |
These charges serve as a stark reminder of the risks associated with unregulated investment platforms, especially in the volatile cryptocurrency market. They also highlight the need for investors to conduct due diligence and for regulators to maintain stringent oversight to protect public interests.
The charges against Novatech, its founders, and promoters by the SEC and the subsequent legal developments signify a critical moment in the regulation of cryptocurrency investments. As the legal proceedings unfold, they will likely set important precedents for how similar cases are handled in the future, emphasizing the importance of transparency and accountability in digital finance.
