The Securities and Exchange Commission (SEC) is pushing for a summary judgment against James Bernard Moore, a co-conspirator of Ponzi scammer Renwick Haddow.

The Commission’s Complaint alleges that Moore and Voicetech aided and abetted Renwick Haddow and two entities he controlled in perpetrating securities fraud in violation of Section 17(a) of the Securities Act of 1933 (“Securities Act”) [15 U.S.C. § 77q(a)], Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) [15 U.S.C. § 78j(b)], and Rule 10b-5 thereunder [15 U.S.C. § 240.10b-5]. Moore and Voicetech sent false and misleading marketing materials to investors while knowing or at least recklessly disregarding the materials’ falsity.

The SEC Complaint alleges that Haddow raised $37 million from investors by selling them securities interests in the form of leases and sub-leases in a company known as “Bar Works,” which purported to provide co-working spaces in converted restaurants and bars. The investors were told they would receive fixed interest payments. To obtain these investments, Haddow knowingly made material misrepresentations about Bar Works in marketing materials sent to investors.

Among other things, Bar Works’ website and offering memoranda touted the experience of its purported chief executive officer, “Jonathan Black,” when in reality Black did not exist and Haddow controlled Bar Works. The website and offering memoranda further omitted any mention of Haddow, who had been sued for a previous illegal investment scheme by the Financial Conduct Authority, the Commission’s United Kingdom counterpart.

Haddow subsequently misappropriated the vast majority of funds Bar Works raised from investors. (Haddow has since pled guilty to wire fraud and conspiracy to commit wire fraud in a parallel criminal matter and reached a partial resolution with the Commission in its case against him.)

The Complaint further alleges that Moore and Voicetech aided and abetted Haddow and two entities he controlled. They found sales agents and engaged them to solicit investments in Bar Works.

Meanwhile, Moore knew that the marketing materials he and his agents used to solicit investments listed a fictitious name and background when describing Black, the company’s purported CEO, and omitted any mention of Haddow. Moore and Voicetech received approximately $1.599 million from Bar Works for their role in the scheme.

On October 18, 2018, an indictment—alleging one count of conspiracy to commit wire fraud and one count of wire fraud—was filed against Moore in United States. The indictment alleged essentially the same conduct the Complaint in the civil case alleges. On June 7, 2019, a jury found Moore guilty of both counts.

On February 1, 2022, Judge Berman sentenced Moore to 140 months imprisonment, issued a forfeiture order finding that Moore obtained $1,599,257.46 as a result of his conduct, and issued a restitution order of over $57.5 million. Moore appealed his conviction, and his appeal is pending in the United States Court of Appeals for the Second Circuit.

The Commission requests that the Court grant it leave to file a motion for summary judgment against Moore and an application for a default judgment as to Voicetech.