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Two Californians Charged in $22M NFT Fraud Scheme

Highlights:

  • Two California men defrauded investors of over $22M in a major NFT fraud scheme.
  • The accused abandoned multiple projects after collecting funds from investors.
  • If convicted of wire fraud and harassment, they could face up to 60 years in prison.

Two California men have been indicted for defrauding investors of $22 million by creating false NFT projects. The case is the largest NFT fraud prosecuted to date, exposing a scheme of deceptive roadmaps, fake claims, and threats of whistleblowers.

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Fraudulent Projects Deceive Investors

The pair, Gabriel Hay and Gavin Mayo, both 23, were behind several fake NFT projects including Vault of Gems, and Faceless. The defendants are accused of feeding false claims and fabricated roadmaps to attract investors. 

Vault of Gems, which advertised itself as the first NFT pegged to a hard asset, promised investors physical jewels in exchange for NFTs. However, they managed to raise over $1 million and abandoned the project. Investor trust was violated by the diversion of funds to personal accounts.

Sinful Souls, Clout Coin, and Dirty Dogs are also among the fraud projects named on the indictment. To hide their roles, the pair allegedly used aliases and hired people to show as project leaders. This enabled them to keep running scams without any detection.

Harassment Campaign Against Whistleblower

After a whistleblower was able to link Hay and Mayo to one project, the defendants initiated an intimidation campaign. They sent threatening messages to the individual and to the individual’s family, according to the indictment. Among them were false legal threats and actual intimidation directed at the whistleblower’s parents. The charges escalated due to the emotional distress caused by the threats.

Federal prosecutors detailed the harassment to demonstrate how far the defendants went to silence people who exposed their fraudulent practices. Homeland Security Investigations (HSI) conducted the arrests and investigation.

Charges and Potential Sentences

Hay and Mayo face a six-count indictment, including conspiracy to commit wire fraud, wire fraud, and stalking. Each charge of wire fraud carries a maximum sentence of 20 years, while stalking is a five-year maximum sentence. They face up to 60 years in prison if convicted on all counts.

Authorities say the crimes are as serious as ever and have added to the financial and emotional stress on victims. In the growing NFT fraud space, U.S. Attorney Martin Estrada stressed the need to keep perpetrators accountable.

Law Enforcement’s Warning

Federal agencies warn of rising scams as digital assets gain popularity. Scammers exploit emerging technologies to defraud investors. The Justice Department remains committed to prosecuting those who misuse cryptocurrency and NFT markets. HSI officials reiterated that fraud schemes, while not violent, are far from victimless. They pledged continued efforts to dismantle fraud networks targeting investors.

The United States Securities and Exchange Commission (SEC) has been in the frontline to counter illicit activities in the digital asset industry. The agency fined Flyfish Club, LLC $750,000 in September for unregistered NFT sales. 

Between August 2021 and May 2022, U.S. investors paid $14.8 million for 1,600 NFTs as Flyfish sold 1,600 NFTs. The NFTs came with access to a planned members-only restaurant and bar in New York City. The NFTs were considered securities by the SEC for potential resale profits and leasing income. FlyFish violated the Securities Act of 1933 by not registering the NFTs.

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