The former CEO and COO of The Ticket Reserve have settled fraud charges in a scheme defrauding pro athletes including Mark Sanchez, former New York Jets quarterback.
The execs aided an investment advisor, Ash Narayan of Newport Coast, California, who was earlier fined for stealing $30 million from clients and investing it in The Ticket Reserve, of which he was a board member.
The U.S. District Court for the Northern District of Texas last week entered consent judgments in the SEC case against former CEO Richard Harmon and former COO John Kaptrosky.
The final judgment against Harmon, who was also Chairman of TTR’s Board of Directors, ordered him to pay $945,000, including $620,000 in disgorgement and prejudgment interest and a $325,000 civil penalty.
Monetary remedies against Kaptrosky will be determined by the court at a later time.
Harmon and Kaptrosky participated in the scheme by making undisclosed finder’s fee payments to Narayan out of his clients’ funds and covertly describing them as “director’s fees” and “loans” in various company documents.
Harmon and Kaptrosky approved and executed Ponzi-like payments, falsified and backdated documents, and created sham promissory notes between The Ticket Reserve and Narayan in attempts to further conceal the scheme.
Without admitting or denying the allegations in the SEC’s First Amended Complaint, Harmon and Kaptrosky also consented to be enjoined from violating Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder and Section 17(a) of the Securities Act of 1933.
The settlements follow an emergency action initiated on May 24, 2016, and announced on June 21, 2016.
Narayan, formerly of RGT Capital Management, was charged with stealing $30 million from several athletes, including Sanchez and baseball pitchers Jake Peavy and Roy Oswalt, preying on their Christian faith.
After gaining the athletes’ trust and money, Narayan invested it in The Ticket Reserve Inc., a company in which he sat on the board and of which he owned 3 million shares.
Narayan has been permanently barred from the securities business, ordered to pay $1.5 million in disgorgement and $350,000 in civil penalties.