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home : state news : e-state news January 20, 2018

1/13/2018 12:11:00 AM
Charlotte Investment Fund Operator Pleads Guilty To Securities Fraud & Tax Evasion
Richard Wyatt Davis Jr.
Richard Wyatt Davis Jr.

Department Of Justice
Press Release

CHARLOTTE, N.C. – Richard Wyatt Davis, Jr., 41, formerly of Cornelius, N.C., appeared before U.S. Magistrate Judge David S. Cayer Friday, January 12 and pleaded guilty to one count of securities fraud and one count of tax evasion, announced R. Andrew Murray, U.S. Attorney for the Western District of North Carolina.

U.S. Attorney Murray is joined in making yesterday’s announcement by Reginald DeMatteis, Special Agent in Charge of the United States Secret Service, Charlotte Field Office, and Matthew D. Line, Acting Special Agent in Charge of the Internal Revenue Service, Criminal Investigation Division (IRS-CI).

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According to filed documents and yesterday’s court proceedings, between 2010 and February 2015, Davis defrauded approximately 75 victims of $9.3 million, by inducing them to invest in investment funds Davis controlled, such as DCG Real Assets, as well as other investments, including H2O, LLC and Basalt Exploration. According to court records, Davis recruited his victim-investors by making a series of false and fraudulent representations about where their money would be invested. For example, Davis told investors that he would use their funds to invest in natural resources and assets such as real estate, gold mines, and water production, and touted these investments as a safe alternative to the stock market.

In reality, Davis used investor funds to pay for administrative and overhead expenses and to repay other investors. Davis also used some of the money to make direct and indirect payments to himself. These payments exceeded the amount he was entitled under fund materials. Court records show that Davis assured victims that their assets were growing in value despite lacking sufficient financial information to make these claims.

According to yesterday’s plea hearing and filed court documents, Davis generally targeted investors residing in and around Charlotte. His clients included professional athletes and individuals Davis recruited through his church. Davis also spoke at events for “preppers” and survivalists, thereby targeting victim-investors who were fearful of the stock market and the banking system. Davis preyed upon these investors’ fears of traditional financial markets and took advantage of their trust into someone who shared their religious views. Court records show that a number of Davis’s victim investors had rolled over their entire retirement savings into his funds.

According to filed documents and yesterday’s court proceedings, for tax years 2009 through 2012, Davis transferred more than $5 million of investor funds into bank accounts in his own name and in the names of Richard Davis Enterprises and Davis Financial, Inc. Davis used some of these funds, as well as funds directly out of other accounts of Davis’s businesses, on personal expenditures totaling over $2 million. However, Davis filed false tax returns for 2009 and 2011, which reflected negative total income and failed to file individual income tax returns for 2010 and 2012.

Davis is currently released on bond. The securities fraud charge carries a maximum prison term of 20 years and a $5,000,000 fine. The tax evasion charge carries a maximum prison term of 5 years and a $250,000 fine. A sentencing date for the defendant has not been set yet.

The investigation was handled by the USSS and IRS-CI. Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte and Assistant U.S. Attorney Daniel Bradley of the U.S. Attorney’s Office in Asheville are in charge of the prosecution.

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