United States Attorney Ron Parsons announced that Timothy
Burns, age 50, of Brookings, South Dakota, was found guilty of five counts of
wire fraud as a result of a five-day federal jury trial in Sioux Falls, South
Dakota.
Each charge carries a maximum penalty of 20 years in federal
prison and/or a $250,000 fine, 3 years of supervised release, and a $100
special assessment to the Federal Crime Victims Fund.
Burns and co-defendant Tobias Ritesman were indicted by a
federal grand jury on January 9, 2018, after an extensive investigation by the
Federal Bureau of Investigation.
Ritesman started a company called Ritesman Enterprises, Inc.
in approximately 2012. Ritesman had
three companies that operated under its umbrella: Tinkers and Thinkers, Tiger
Consulting, and Global Aquaponics, Inc.
In approximately June 2016, Ritesman formed SD Food Security, LLC.
Burns owned and operated multiple businesses in the
Brookings area: Oakwood Equity Group,
LLC, Concrete Contractors, Inc., and Multiply, LLC, d/b/a CF Promo, CF Gear,
and I-29 Sports. Burns held these
companies under a parent company called Syntech, Inc.
Ritesman purportedly sought to build an aquaponics facility
in Brookings. The purpose of this
facility would be to raise fish and produce.
Global Aquaponics, Inc. would contribute $5.6 million to the project and
own 51% of the facility. SD Food
Security, LLC would contribute $5.4 million to the project—raised primarily by
selling investment shares—and own 49% of the facility.
As part of their fundraising efforts, Ritesman and Burns
each circulated a private placement memorandum that contained false and
misleading information about the aquaponics facility. In addition, Ritesman and Burns each made
false and fraudulent representations about the facility, either directly or
through the salespeople they hired, in an effort to solicit investors for the
project. Bank records show that Ritesman
and Burns were each stealing investor money and using it for their own purposes
rather than for the aquaponics facility, which was never built.
On April 18, 2019, Ritesman pled guilty to all counts he was
charged with: ten counts of wire fraud and eight counts of mail fraud.
“Ritesman and Burns used the idea of what could be an
innovative agricultural facility to defraud dozens of investors for their own
personal gain,” said U.S. Attorney Parsons.
“In South Dakota, a state with such strong agricultural roots, such
criminal activity will be caught and prosecuted.”
This case was investigated by the Federal Bureau of
Investigation and the U.S. Attorney’s Office. Assistant U.S. Attorney Ann M.
Hoffman prosecuted the case.
A presentence investigation was ordered for both Ritesman
and Burns. Ritesman’s sentencing is set
for July 15, 2019. Burns’ sentencing is
set for July 22, 2019.
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