An indictment was unsealed today charging five former principals of Theia Group Inc., a Washington, D.C.-based aerospace start-up company, with conspiracy and fraud.
According to the indictment, Erlend Olson, John Gallagher, Stephen Buscher, Joseph Fargnoli, and Jamil Swati held various executive positions at the company, including chief executive officer, executive vice president, chief financial officer, chief technology officer, and head of strategic investment, respectively. They allegedly perpetrated a multi-year scheme to defraud investors and lenders out of $250 million, and Olson evaded more than $3.9 million in personal federal income taxes.
According to the indictment, Theia planned to launch 112 satellites starting in 2022 at a cost of $10 billion to $15 billion. Theia’s principals allegedly originally planned to raise the requisite funds from various nation-states by promising perpetual data and analytics for an upfront payment of $2 billion. However, from Theia’s founding in 2015 through its placement into receivership in 2021, Theia was allegedly unsuccessful in obtaining any funding except for approximately $250 million in loans and investments received from institutional and individual investors and lenders. To secure the funding, Olson, Gallagher, Buscher, Fargnoli, and Swati’s fraud scheme allegedly included making materially false statements about revenue from non-existent government contracts, providing multiple false financial statements, including a fake $6 billion escrow account statement, and making false representations about Theia’s technical capabilities.
The indictment further alleges that the IRS assessed over a million dollars in taxes, penalties, and interest against Olson for tax years 2009 through 2011, which Olson acknowledged in 2018. Instead of paying the outstanding debt to the IRS, which he acknowledged he owed, Olson allegedly directed his compensation from Theia to a nominee entity. Olson then allegedly used the nominee entity to pay personal expenses such as a private jet membership, $64,500 annual rent payments for his home, a new Land Rover, personal debts, and a pair of condominiums in Las Vegas. Olson now allegedly owes $1.6 million to the IRS related to those years. In addition, Olson allegedly also used the nominee entity to conceal his income from the IRS for 2018 through 2020.
Olson, Gallagher, Buscher, Fargnoli, and Swati are each charged with one count of conspiracy to commit wire and mail fraud for the overall scheme, and additionally charged with multiple wire or mail fraud counts arising from their various misrepresentations to investors. Olson is also charged with four counts of attempted tax evasion.
If convicted, they each face a maximum penalty of 20 years in prison for conspiracy and for each wire fraud or mail fraud count. Olson would face a maximum penalty of five years in prison for each tax evasion count. Each would also face a period of supervised release, restitution, monetary penalties, and forfeiture. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Karen E. Kelly of the Justice Department’s Tax Division and Interim U.S. Attorney Edward R. Martin Jr. for the District of Columbia made the announcement.
IRS Criminal Investigation and the FDIC Office of Inspector General are investigating the case.
Senior Litigation Counsel Nanette Davis and Trial Attorney Alexis Hughes of the Tax Division, and Assistant U.S. Attorneys Rebecca Ross and Joshua Gold for the District of Columbia are prosecuting the case.
An indictment is merely an allegation. All defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.