United States v. Robert J. Andres
Court Docket Number: 2:11-CR-00985
Sentencing has been reset for December 12, 2014 at 3:30 p.m. in room 7.300 of the United States District Court for the District of Utah, 351 South West Temple, Salt Lake City, Utah 84101 before Judge Robert J. Shelby. The Defendant moved to continue the sentencing hearing originally scheduled for September 24, 2013 in order to obtain medical testing and treatment. The Court continued the sentencing hearing over the Government’s objection.
On August 21, 2013, Robert J. Andres pleaded guilty to one count of wire fraud (Counts 1: 18 U.S.C. § 1343) stemming from his role in a $72 million investment fraud scheme.
If you have suffered losses as a result of this scheme, you have the right to submit a Victim Impact Statement (or letter) to explain how the crimes affected you. Victim Impact includes physical, emotional and/or financial loss. Because there are many victims in this case, we are asking that you complete this statement now as it relates to this defendant and mail it to: Pamela Washington, U.S. Department of Justice, Criminal Division, Fraud Section, 10th & Constitution Avenue, NW, Bond Building, Room 4416, Washington, DC 20530. Alternatively, you may also email the statement to Pam Washington at firstname.lastname@example.org or fax the statement to Ms. Washington at (202) 514-0152. This statement is completely voluntary but is important to us because it reflects what you are having to personally and financially endure because of the defendant's crimes.
On December 8, 2011, the U.S. District Court for the District of Utah unsealed an indictment, filed on December 7, 2011, charging Robert J. Andres, sole investment manager and trustee of the Winsome Investment Trust (Winsome), with five counts of wire fraud (Counts 1-5: 18 U.S.C. § 1343) stemming from a $72 million insider investment fraud scheme.
Andres was arraigned on December 16, 2011, and continued on the $100,000 bond that previously had been set in the case by U.S. Magistrate Judge Frances Stacy. He was then arrested for violating his pre-trial terms of release on July 3, 2012, and was ultimately released with modified terms of release, which are set out in the link below titled Order Setting Conditional Release. Status conferences were held in the case on November 2, 2012, February 1, 2013, May 7, 2013 and July 9, 2013.
According to the indictment, from October 2005 until at least January 2011, Andres recruited investors for Winsome by misrepresenting Winsome's assets and asset allocation and the way in which funds were invested. Between October 2005 and April 2007, Andres allegedly raised more than $39 million from Winsome investors by disseminating false and misleading Winsome balance sheets and by representing to investors that Andres would invest all of their funds in a trading program or a mostly automated trading business.
The indictment alleges that between April 2007 and January 2011, Andres used false and misleading information to raise an additional $32 million from new investors. Furthermore, Andres allegedly failed to disclose that new investors' funds would be used to pay earlier investors. The indictment also alleges that Andres used new investor funds to make purported "profit" payments to earlier investors to create the false impression that Winsome was profitable. During this period, Andres allegedly misappropriated approximately $2.2 million in investor proceeds for personal use, including hotel bills and living expenses.
In January 2011, the Commodities Futures Trading Commission obtained a federal court order freezing assets held by defendants Robert L. Holloway of San Diego, Calif., and US Ventures LC of Salt Lake City, Utah and Robert J. Andres and Winsome Investment Trust (Winsome), both of Houston, Texas.
Related Case: In a related case pending in the District of Utah, United States v. Robert Holloway (Court Docket No. 2:11-CR-00984), Holloway was convicted on all charges stemming from a $33 million scheme that defrauded investors of more than $10 million. The December 2011 indictment charged Holloway with four counts of wire fraud and one count of making and subscribing a false income tax return.
If you have any questions, please call Pam Washington (888) 549-3945 or email her at email@example.com.
The court-appointed trustee has posted information about its activities at http://www.kleinutah.com/index.php/receiverships/us-ventures
. Investors and/or victims should consult those websites for additional information.
Order Setting Conditions of Release
Victim Impact Statement Form
Order of Release