SEC: Mexican investment scam ‘mastermind’ used proceeds to buy Prosper mansion, jewelry

The 'mastermind' behind a $15 million scam targeting Spanish speakers in the U.S. used investor dollars to buy a $50,000 Harry Winston engagement ring and a $2.5 million mansion in Prosper, according to a federal government indictment announced Thursday.

The Securities and Exchange Commission charged Mexico-based Aras Investment Business Group S.A.P.I. de C.V, its CEO, and four people involved, with defrauding at least $15 million from more than 450 retail investors across the U.S.

The financial group allegedly targeted Spanish-speaking investors from March 2020 through November 2021, according to the SEC's complaint filed in U.S. District Court for the Western District of Texas. Aras' CEO Armando Gutiérrez Rosas, or the "mastermind of the fraudulent scheme," according to the complaint, raised money from investors by promising monthly returns of up to 10% by investing in U.S. real estate and mining operations in Mexico.

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Gutiérrez' whereabouts are unknown, the SEC said, and in July 2022 the Attorney General's Office of the State of Chihuahua offered a reward of up to 5 million pesos, or about $290,000, for information to arrest Gutiérrez or "CEO Aras."

According to the complaint, none of the funds were used for investment purposes. Instead, Gutiérrez, 37, was operating a Ponzi scheme and used investor dollars to pay for the Prosper mansion and engagement ring, order over $34,000 in merchandise from Amazon, Hermes, and Luis Vuitton, and bankroll his personal expenses.

"Our investigation uncovered this egregious fraud that cost the investors involved more than $6 million," said Melissa R. Hodgman, associate director in the SEC's enforcement division. "We are committed to holding promoters of these types of affinity frauds accountable."

American investors were in Texas, Arizona, California, Colorado, Connecticut, New Mexico and Tennessee.

The Mexican National Banking and Securities Commission ordered a suspension of the company's financial activities in November 2021, declaring that Aras was not a part of the Mexican financial system and the company was unauthorized by the commission to raise money from the public.

The Mexican state prosecutor's office charged Gutiérrez with fraud and determined 4,600 people were victimized in Chihuahua, the northern state bordering Texas.

Along with Gutiérrez, the SEC also charged Efren Quiroz and Luis Quiroz with acting as unregistered brokers and Maria Tolentino and Diayanira Rendon with violating the registration provisions and aiding and abetting Gutierrez's and Aras's violations of the antifraud provisions.

The regulatory agency is seeking permanent injunctions, civil penalties and disgorgement, or the return of any money made from the alleged fraud, with prejudgement interest.