Water Station Management, a bankrupt vending-machine business, has won approval for chapter 11 bankruptcy plan. Meanwhile, the bankruptcy judge found the business was a Ponzi scheme, funneling tens of millions of dollars from new investors to pay earlier ones.
The plan for the Everett, Wash.–based company was confirmed Monday by Judge Frederick Corbit in the U.S. Bankruptcy Court for the Eastern District of Washington.
The court’s finding that Water Station operated as a Ponzi scheme is expected to bolster victims’ claims for tax relief under the Internal Revenue Code, potentially allowing them to deduct theft-related losses.
“No legitimate profit-making business opportunity existed for the investors,” Judge Corbit said. Water Station routinely used funds raised from machine purchasers, bond issuers and lenders to make payments owed to early investors, a characteristic of a Ponzi scheme, he said.
John Bender, a K&L Gates attorney who served as special trial counsel for the unsecured creditors’ committee, told The Wall Street Journal on Tuesday that efforts to recover Water Station’s stolen funds will continue, with the goal of returning the money to investors.
Water Station and its affiliates raised funds from a wide range of sources, including individual investors who contributed less than $200,000 and a Jefferies-backed hedge fund that provided over $100 million in bond proceeds.
Last month, federal prosecutors charged two individuals in connection with what they described as a $200 million Ponzi scheme tied to the vending machines. The U.S. Attorney’s Office for the Southern District of New York accused Ryan Wear, Water Station’s former owner and operator, of securities and wire fraud, alleging he raised millions from investors by selling vending machines that, in many cases, didn’t exist, and used money from new investors to pay promised returns.
David Bertan, Wear’s lawyer in the criminal case, declined to comment Tuesday.
–-Becky Yerak
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