2024-01-16 DOJ SDNY press_release 117 KB 3,652 chars

Former CEO Of Defense Company Sentenced To 15 Months In Prison For Defrauding Investors And Creditors

Caption
United States v. Barend Oberholzer, et al.
summary

Barend Oberholzer, former CEO of a defense technology start-up, was sentenced to 15 months in prison for defrauding investors and creditors by making false representations about the company's financial solvency and use of investor funds.

paragraph

Barend Oberholzer, former CEO of a defense technology start-up, was sentenced to 15 months in prison for defrauding investors and creditors. Oberholzer and his co-conspirator, Jaromy Pittario, solicited investments and loans by providing falsified financial statements, resulting in a loss of at least $252,862. Oberholzer was ordered to forfeit $252,862, pay a fine of $100, and pay restitution in an amount to be determined by the court.

narrative

Barend Oberholzer, the former CEO of a defense technology start-up, was sentenced to 15 months in prison for defrauding investors and creditors by making false representations about the company's financial solvency and use of investor funds. Oberholzer and his co-conspirator, Jaromy Pittario, solicited investments and loans by providing falsified financial statements, resulting in a loss of at least $252,862. The pair also impersonated a retired four-star U.S. Army general to endorse their fraudulent security device, a smartphone case claiming to detect concealed weapons. Oberholzer was ordered to forfeit $252,862, pay a fine of $100, and pay restitution in an amount to be determined by the court. The case was prosecuted by the Southern District of New York's Complex Frauds and Cybercrime Unit and underscores the DOJ's stance against deceptive entrepreneurship. The U.S. Postal Inspection Service led the investigation.

Enriched metadata

Scheme
financial-fraud (97%)
Court
Southern District of New York
Outcome
pleaded
Classified financial-fraud(confidence 97%). EDGAR detection: forms 10-K/10-Q/8-K/NT 10-K· recall 67% / precision 23%. detection rule →
Parties
barend oberholzerdamian williamsdefense technology start-up companyjaromy pittario
Keywords
oberholzermonths prisondefensecompanylinknewdefense companycompany monthsprison defraudingdefrauding investorsinvestors creditorsgovernment non-governmentnon-government sitessites typicallytypically appear

Extracted insights

Dollar amounts 2
  • $253K $252,862 $100K–$1M
  • $100 $100 <$10K
Entities 4
  • person barend oberholzer
  • person damian williams
  • company defense technology start-up company
  • person jaromy pittario
Triples 12
  • Barend Oberholzer sentenced to 15 months in prison
  • Barend Oberholzer pled guilty March 2023
  • Barend Oberholzer arrested February 2021
  • Barend Oberholzer fined $100
  • Barend Oberholzer ordered to forfeit $252,862
  • Barend Oberholzer solicited investments in Defense Technology Start-Up Company
  • Barend Oberholzer defrauded Investors and Creditors
  • Barend Oberholzer posed as Retired Four-Star General in United States Army
  • Jaromy Pittario solicited investments in Start-Up-1 and Security Device-1
  • Jaromy Pittario falsely represented Financial Solvency, Access to Cash, and Capitalization
  • Damian Williams announced Sentencing of Barend Oberholzer
  • U.S. District Judge Andrew L. Carter, Jr. sentenced Barend Oberholzer to 15 months in prison
View original DOJ press releasejustice.gov
Extracted body text (3,652c)
Press Release Former CEO Of Defense Company Sentenced To 15 Months In Prison For Defrauding Investors And Creditors Tuesday, January 16, 2024 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Damian Williams, the United States Attorney for the Southern District of New York, announced today that BAREND OBERHOLZER, a/k/a “Barry Oberholzer,” was sentenced to 15 months in prison by U.S. District Judge Andrew L. Carter, Jr. for soliciting investments in his defense technology start-up company on the basis of fraudulent misrepresentations regarding its financial solvency, access to cash, and use of investor funds. OBERHOLZER was arrested in February 2021 and pled guilty in March 2023. U.S. Attorney Damian Williams said: “The defendant lied continuously about his company’s funding, endorsements, and capitalization to attract financing for his defense technology start-up. Soon, he will begin serving a federal sentence. Let this case be a warning to any entrepreneur who thinks that they can ‘fake it until they make it:’ this Office will protect investors and the public from lies designed to take their money.” According to the allegations in the Indictment and other filings and statements made in court: Beginning in or around 2018, OBERHOLZER began soliciting investment in his defense technology start-up company (“Start-Up-1”), and a purported security device it had developed (“Security Device-1”), from at least two venture capital firms on false pretenses. OBERHOLZER sent multiple emails to the firms, posing as a retired, four-star General in the United States Army (“Retired General-1”), who was employed by a private equity investment firm based in New York, New York. Therein, OBERHOLZER, posing as Retired General-1, endorsed and solicited investment in Start-Up-1 and Security Device-1, a smartphone case that purportedly permitted its users to detect at a distance weapons or other dangerous items concealed on another person. OBERHOLZER and his co-conspirator, Jaromy Pittario, a/k/a “Jaromy Jannard-Pittario,” also solicited investments in and loans for Start-Up-1 and Security Device-1 by falsely representing, among other things, their financial solvency, access to cash, and capitalization. For instance, the pair repeatedly provided falsified financial statements to potential creditors to secure funding. * * * In addition to the prison term, OBERHOLZER, 40, of Calabasas, California, was fined $100, ordered to forfeit $252,862, and ordered to pay restitution in an amount to be determined by the court. Mr. Williams praised the outstanding investigative work of the New York Office of the U.S. Postal Inspection Service. The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Jilan J. Kamal and Timothy V. Capozzi are in charge of the prosecution. Contact Nicholas Biase, Lauren Scarff (212) 637-2600 Updated January 16, 2024 Topic Financial Fraud Component USAO - New York, Southern Press Release Number: 24-017
OCR text (3,652c · html-text · 99% conf)
Press Release Former CEO Of Defense Company Sentenced To 15 Months In Prison For Defrauding Investors And Creditors Tuesday, January 16, 2024 Share FacebookLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. XLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. LinkedInLinks to other government and non-government sites will typically appear with the “external link” icon to indicate that you are leaving the Department of Justice website when you click the link. Email For Immediate Release U.S. Attorney's Office, Southern District of New York Damian Williams, the United States Attorney for the Southern District of New York, announced today that BAREND OBERHOLZER, a/k/a “Barry Oberholzer,” was sentenced to 15 months in prison by U.S. District Judge Andrew L. Carter, Jr. for soliciting investments in his defense technology start-up company on the basis of fraudulent misrepresentations regarding its financial solvency, access to cash, and use of investor funds. OBERHOLZER was arrested in February 2021 and pled guilty in March 2023. U.S. Attorney Damian Williams said: “The defendant lied continuously about his company’s funding, endorsements, and capitalization to attract financing for his defense technology start-up. Soon, he will begin serving a federal sentence. Let this case be a warning to any entrepreneur who thinks that they can ‘fake it until they make it:’ this Office will protect investors and the public from lies designed to take their money.” According to the allegations in the Indictment and other filings and statements made in court: Beginning in or around 2018, OBERHOLZER began soliciting investment in his defense technology start-up company (“Start-Up-1”), and a purported security device it had developed (“Security Device-1”), from at least two venture capital firms on false pretenses. OBERHOLZER sent multiple emails to the firms, posing as a retired, four-star General in the United States Army (“Retired General-1”), who was employed by a private equity investment firm based in New York, New York. Therein, OBERHOLZER, posing as Retired General-1, endorsed and solicited investment in Start-Up-1 and Security Device-1, a smartphone case that purportedly permitted its users to detect at a distance weapons or other dangerous items concealed on another person. OBERHOLZER and his co-conspirator, Jaromy Pittario, a/k/a “Jaromy Jannard-Pittario,” also solicited investments in and loans for Start-Up-1 and Security Device-1 by falsely representing, among other things, their financial solvency, access to cash, and capitalization. For instance, the pair repeatedly provided falsified financial statements to potential creditors to secure funding. * * * In addition to the prison term, OBERHOLZER, 40, of Calabasas, California, was fined $100, ordered to forfeit $252,862, and ordered to pay restitution in an amount to be determined by the court. Mr. Williams praised the outstanding investigative work of the New York Office of the U.S. Postal Inspection Service. The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant U.S. Attorneys Jilan J. Kamal and Timothy V. Capozzi are in charge of the prosecution. Contact Nicholas Biase, Lauren Scarff (212) 637-2600 Updated January 16, 2024 Topic Financial Fraud Component USAO - New York, Southern Press Release Number: 24-017