SEC Accuses Geosyn Mining of $5.6 Million Fraud
The United States Securities and Exchange Commission (SEC) has initiated legal action against Geosyn Mining and its co-founders, Caleb Joseph Ward and Jeremy George McNutt, for allegedly defrauding investors of approximately $5.6 million. The lawsuit, filed on April 24 in a federal court in Fort Worth, Texas, details a scheme where the defendants purportedly lied about the number of cryptocurrency mining rigs they operated and misused customer funds for personal expenses.
Allegations of Deceptive Operations
According to the SEC, between November 2021 and December 2022, Geosyn Mining and its executives engaged in deceptive practices to lure around 64 investors into service agreements that were sold as securities. The company claimed to have contracts with electricity providers for cheap energy, which was a pivotal selling point for their mining operations. However, the SEC alleges that the actual costs were significantly higher, ranging from 40-50% above the rates communicated to customers.
The SEC’s complaint further alleges that Geosyn Mining failed to purchase 400 out of the 1,400 mining rigs it had entered into service agreements to acquire. Moreover, most of the purchased mining machines were never brought online. Despite this, the company assured investors they could choose which cryptocurrency to mine, although it later restricted mining operations exclusively to Bitcoin (BTC).
Misrepresentation and Misuse of Funds
The SEC accuses Geosyn Mining of making Bitcoin payouts to investors to create the illusion that their mining machines were operational and profitable. The company is also charged with producing bogus documents with fabricated mining production rates and profits to support this facade.
The misuse of funds by Ward and McNutt is another critical aspect of the SEC’s lawsuit. The duo allegedly spent $22,000 of investor money on a breathalyzer device and other expenses related to separate drunk driving arrests and convictions of McNutt and a Geosyn employee during a June 2022 crypto conference.
Regulatory Focus on Investment Contracts
Bitcoin mining operations can come under SEC scrutiny if they involve investment contracts where investors expect profits derived from the efforts of others. This is determined by the Howey Test, a standard derived from a 1946 Supreme Court case, which assesses whether a transaction qualifies as an investment contract.
For instance, hosted mining services might be classified as securities if they involve passive investment from individuals who expect returns generated by the efforts of the service providers.
Enforcement Actions
The SEC has taken enforcement actions against Bitcoin mining companies that mislead investors or operate fraudulent schemes. For example, the SEC has previously charged Bitcoin mining companies with conducting Ponzi schemes, where they used new investors’ funds to pay returns to earlier investors rather than generating profits from legitimate mining activities.
These actions are part of the SEC’s broader mandate to protect investors and maintain fair, orderly, and efficient markets.
Financial Downfall and Investor Impact
By the end of 2022, Geosyn Mining’s financial situation had deteriorated, with less than $1,900 remaining in the bank. The SEC attributes this downfall to the company’s inability to secure the favorable electricity contracts it had boasted to investors, which were crucial for profitability.
The SEC’s lawsuit aims to hold Geosyn Mining and its co-founders accountable for their actions, which have significantly impacted investors. The case highlights the risks associated with cryptocurrency investments and the importance of regulatory oversight to protect investors from fraudulent schemes.
Angel Marinov is the Managing Editor at Coinlabz. With extensive knowledge of crypto payments and blockchain use cases, Angel is a trusted source of accurate and timely information
