Troy Barnes, a founder of the alleged Achieve Community investment scheme, appeared at a July 7, 2015 hearing in the U.S. Securities and Exchange Commission's civil fraud case, avoiding a contempt order for previous non-compliance. The court discharged the order after Barnes, who had failed to respond to earlier mandates, claimed he was unaware of the requirements and cited his son's illness. He also promised future cooperation with court proceedings.
Despite Barnes' presence, two key entities tied to the operation, Work With Troy Barnes Inc. and Achieve Community LLC, remained unrepresented. The court is now recommending a default judgment against both companies. This action would mean a finding of liability against the entities without a full trial, effectively conceding the SEC's allegations due to their failure to respond or appear. Barnes owns Work With Troy Barnes Inc. and is believed to control Achieve Community LLC, raising questions about the strategic decision to allow the companies to face default while he personally engaged with the court.
The SEC initiated its civil enforcement action against Achieve Community and its principals, including Barnes, alleging the operation constituted a Ponzi scheme and an unregistered securities offering. The agency accused the defendants of defrauding investors by promising high, unrealistic returns through an automated investment system. Investors paid subscription fees and purchased "ad packs," with returns purportedly generated from advertising revenue and new participant funds. The scheme relied heavily on recruitment, typical of pyramid structures.
The SEC's complaint detailed how Achieve Community allegedly lured participants with claims of significant passive income, often exceeding 100% annual returns. These promises, the agency contended, were unsustainable and funded primarily by money from new investors rather than legitimate business operations. The court filings indicate the operation lacked any substantial external revenue streams to support the promised payouts, a hallmark of fraudulent investment vehicles.
Arla Mendenhall, an alleged victim of the scheme, filed a petition seeking to join the SEC's case as a plaintiff. The SEC formally opposed her request. Such opposition often stems from the agency's preference to maintain control over the litigation strategy, believing that a single, unified prosecution best serves the interests of all victims. Mendenhall has until July 15 to file a response to the SEC's opposition. Her attempt highlights the personal losses suffered by those who invested in Achieve Community.
A default judgment against the corporate entities would streamline the process for the SEC to seek disgorgement of illicit gains and civil penalties. However, collecting these funds to compensate victims can be a lengthy and complex endeavor, especially if the perpetrators have dissipated assets or moved them offshore. The SEC typically aims to recover funds for distribution to all affected investors, rather than individual claimants.
The case moves forward with a status conference scheduled for August 20. All parties involved must submit a joint proposed scheduling order by July 31. This order will outline deadlines for discovery, motions, and a potential trial date, setting the timeline for the remainder of the civil proceedings.