As the SEC case against Achieve Community
inches closer towards the inevitable
, the DOJ’s parallel criminal case against Achieve Community’s founders also progresses.

The latest in criminal proceedings against Achieve founders Kristi Johnson and Troy Barnes, sees the DOJ now calling on victims of the $6.8 million Ponzi scheme.

As first spotted by Patrick Pretty, the DOJ case is currently in the “presentence stage”, with
Kristi Johnson pleading guilty
late last month. Barnes has yet to be charged.

As part of their judicial duties, the United States Probation Office has communicated the following to victims of the scheme:

The Mandatory Victims Restitution Act of 1996 provides that all identified victims directly and proximately harmed as a result of the commission of the offense in the above-entitled case receive notice of the following information:

The above-named defendant was convicted of Attempt and Conspiracy to Commit Mail Fraud in violation of 18 U.S.C. § 1349.  You will be notified by the U.S. Attorney’s Office when a sentencing date has been set.

According to the United States, you are a victim of this offense and may be entitled to restitution; however, our office cannot guarantee that restitution, or any particular amount of restitution will be awarded to you at sentencing.  This determination will be made by the Court.

A Sr. U.S. Probation Officer/Guideline Specialist will be preparing a Presentence Report for the U.S. District Court in Charlotte, NC.

According to the Probation Office, this report ‘
will include information regarding Victims and Victim Losses
‘.

To that end the DOJ requests Achieve Community victims to

submit information concerning the amount of your losses to the U.S. Probation Office by clicking on one of the following links: LINK 1 or LINK 2.

Here you will find a Victim Impact packet (with the defendant’s name, Kristine Johnson) under the tab “Victim Response” which contains a complete explanation of the type(s) of compensation you may be entitled to receive.

All claims must be accompanied by supporting documentation.

If you wish to have such information considered in the preparation of the Presentence Report, please submit the Victim Impact packet and any documentation
no later than August 21, 2015.

As is custom in MLM underbelly schemes, no doubt net-winners might push the notion that the DOJ “has nothing”.

It certainly wouldn’t be the first time we’ve seen requests for information from victims twisted into having members of the public build a regulator’s case for them.

Let me be blunt and nip any such notion, pertaining directly to the DOJ’s request from Achieve victims, in the bud.

The DOJ have already built their case against Achieve Community and have submitted it in court.

(Achieve Community) ended when the SEC executed a temporary restraining order (TRO) on February 13, 2015.

When it was forced to cease operations due to the TRO, TAC had $2.6 million on deposit but owed more than $50 m

🤖 Quick Answer

What is the current status of the DOJ criminal case against Achieve Community founders?
The case is in the presentence stage following Kristi Johnson's guilty plea last month. Troy Barnes has not yet been charged. The DOJ is now seeking victim witness assistance related to the $6.8 million Ponzi scheme, invoking the Mandatory Victims Restitution Act of 1996 to identify victims directly harmed by the offense.

Who are the founders of Achieve Community facing criminal charges?
Kristi Johnson and Troy Barnes are the founders of Achieve Community under criminal investigation. Johnson has pleaded guilty and is in the presentence stage of proceedings. Barnes has not yet been formally charged in connection with the $6.8 million Ponzi scheme perpetrated through the company.

What legal framework governs victim restitution in this case?
The Mandatory Victims Restitution Act

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