Alleged Ponzi Schemer Says His Lawyer - Former Speaker Harwood - Can Fix Things in Courts
GoLocalProv News Team
Alleged Ponzi Schemer Says His Lawyer - Former Speaker Harwood - Can Fix Things in Courts
The investor, Matthew Tooker from Arizona, is owed more than $50,000 by alleged schemer Aubin, according to documents and audio recordings provided to GoLocal.
Aubin, who GoLocal first reported on in September, is presently being sued civilly in Rhode Island Superior Court, was arrested on an unrelated fraud charge, and is being investigated by the Rhode Island State Police.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTAs legal troubles piled up for Aubin, in mid-November, Aubin tapped new attorneys: Richard “Rich” Nicholson and Harwood. Previously, Steven Dilibero represented Aubin.
In a series of audio tapes provided to GoLocal by Tooker, age 25, he said he gave Aubin the $50,000 and was promised to have his money back in just over 30 days at a $6,000 profit. The money was much of Tooker's wealth.
Captured on the audio recording, Aubin brags about former Speaker Harwood’s influence. Aubin has been running a business that he claims does hard lending. Some of his investors say he spends their money on personal luxury living.
Aubin says that Harwood has great influence in the courts and called the State Police on his behalf.
"[Harwood] called like the major, like the number three guy of the State Police,” Aubin tells Tooker.
“I don't know the guy's name of the number three guy at the state police …my guy John Harwood,” Aubin told Tooker. "The two people [Aubin's attorneys Nicholson and Harwood] are like the two main guys. One guy [Nicholson] is like the litigator slash CPA slash like the paperwork what stuff to file and like the paperwork side of it and the dude, John, who is the Speaker of the House, is like the ‘phone call guy.’”
When Tooker asks, “What do you mean the phone call guy?” LISTEN ABOVE
Aubin says, “Like he's the guy that, like, gets stuff done with the phone call, you know what I'm saying?"
"It's like this the other guy [Harwood], I can literally call and be like hey, like who do you whatever like can you call, like the state police and tell them that like if they get a call you're already on it. They'll be like yeah and they'll be talking like the major of the state police, and he's like tell your dad I said hi, I'll see him Thursday, then he hangs up the phone."
"I guess if you're Speaker of the House for a while...[Harwood] made a joke at one point that [he] 'helped appoint half the judges in Rhode Island,'" said Aubin. "He knows all the judges by name. He's just a well-known, connected guy." At one point, Aubin recites to Tooker how he and Harwood discussed Superior Court Judge Christopher Smith, the judge overseeing the civil case against Aubin.
Aubin’s excuses have gone on for weeks.
On Wednesday, GoLocal reached out to Aubin about his claims about Harwood's influence, specifically that Harwood could influence things in the Rhode Island courts, Aubin changed his tune. “No, John Harwood is just my attorney.”
When asked about the claim that he had made in the taped conversation with Tooker that Harwood had influence with the Rhode Island State Police, Aubin referred GoLocal to Nicholson and Harwood and then hung up.
Nicholson, Harwood, and Aubin Captured on Audio Recording
There was another phone call that included Harwood and attorney Richard “Rich” Nicholson — who shares office space with Harwood — and Aubin along with Tooker in which Nicholson said they were taking action against the whistleblower who filed the civil suit against Aubin, a man named Patsy Sperduto.
Aubin allegedly took potentially millions of dollars of investors' money, promising to invest it in short-term hard money deals.
Sperduto, who invested $400,000, says Aubin is taking investors' money and spending it lavishly.
Sperduto invested hundreds of thousands of dollars into Aubin's firm and was promised big returns. Aubin's company, Anchor State Investments, claims it does real estate investment and "hard money" lending.
“He was driving a Lamborghini Huracan, and then he was driving a Lamborghini Urus," said Sperduto.
Aubin’s Instagram page is littered with photos from Paris, flying in private jets, and vacationing in Greece.
In the tapped phone call, Nicholson says that it is not Aubin who did anything but Sperduto.
“We don't want, we can't use the accounts that have been frozen. So you just have [to create] new accounts. And the problem is that until I get in front of a judge on a TRO, you know, there's a chance that Sperduto could find out about these accounts and could maybe get another attachment,” said Nicholson in a call that Tooker.
“But here's the reality. [Sperduto] got the attachment the last time before any attorneys were involved. It was an ex-parte motion to attach. Which means that only his attorney went into chambers and talked to the judge, and the judge granted the attachment after telling this long story,” said Nicholson on the call with Tooker.
“And by the way, now that I've had an opportunity to look at documents, including Sperduto's document, who he entered into two transactions, one being an eight-month transaction, two months in, he tried to terminate the agreements," said Nicholson.
Nicholson laid out the game plan to pay those investors who have not been paid. He said he would be filing counterclaims against Sperduto and others who have sued Aubin trying to recover their monies that they allege Aubin owes them.
“So what Chris is going to do Monday or Tuesday, he's going to sit with me with a whole list of what monies we have, who's owed and we're going to make a decision as to what accounts we're going to open and what institutions so the money comes in and goes out,” said Nicholson.
Despite Nicholson's claims that investors would be paid, no monies have been distributed.
Nicholson, in a phone call with GoLocal on Wednesday, said, “So basically, we are following the money trail, getting to the bottom of things. According to my client, everyone's investment is safe. It's just that when things started to go sideways, and all I can really say is… but when things started to go sideways...[Patsy] Sperduto started a social media onslaught.”
When asked about the phone call between himself, Harwood, and Aubin with the investor Tooker, who is seeking to recover his monies, and that on the call Nicholson promised that money would be sent out Monday or Tuesday, Nicholson said he did not say that.
Nicholson repeatedly denied making those statements.
“No, no, those are not my words. Not my words. No, they are your words. Because at that point, I had just literally within a day got engaged,” said Nicholson.
When GoLocal told Nicholson that Tooker had taped the conversation and had provided a copy to GoLocal, Nicholson continued to deny his statement.
“Well, that's funny, but those are not my words. They're not my words,” said Nicholson.
Nicholson had more harsh words for Sperduto. He claimed that Sperduto misled the court in his litigation against Aubin and was motivated by personal issues.
Nicholson Calls Back
Nicholson called GoLocal back about an hour after the first phone call, after he received a copy of Tooker’s tape recording from Sperduto’s attorney and said he had made those comments about making the payments, but was now working to get a full understanding of Aubin's financial situation.
Harwood served as Speaker of the House into the early 2000s. Then, a sordid controversy rocked his leadership. The controversy dubbed “Wendygate” included payments and a job created for a woman tied to Harwood, and ultimately led to Harwood resigning as Speaker. Harwood has been in the news more recently for representing former New England Patriot Malcolm Butler and now-former RIPTA CEO Scott Avedisian in court on a series of legal troubles.
After being told of what Aubin claimed in the call with Tooker — that Harwood was the “Phone Call Guy” and that he was influential in the courts, the former Speaker told GoLocal on Wednesday, “First of all, you know attorney-client, I would never ever comment on so that's number one. Number two, you've asked such a ridiculous question I won't even dignify it with a response. Number three, you're being used, so if you want to be used, feel free. So I guess I'll leave it at that.”
Harwood seemed unaware of some of Aubin’s other legal troubles. When told, Aubin was arrested and charged in September with a financial crime separate from the allegations of running a Ponzi scheme. Harwood said, “I have no idea, really I don’t.”
“Run Before Its Too Late,” Says Arizona Investor
Tooker told GoLocal in a phone interview on Wednesday that he is coming forward so that others do not get scammed.
The agreement was that Tooker would loan Aubin $50,000 for 30 days. Tooker provided GoLocal with a copy of the wire document dated August 26, 2024.
And, Tooker provided GoLocal with a copy the contract Aubin provided to him from Anchor State Investments with the same date and proving that Aubin would return Tooker’s $50,000 and a “profit of $6,000” — a total of $56,000 on September 30, 2024.
But September 30 came and went and Tooker did not receive his funds. He did receive a near endless number of excuses from Aubin.
“I knew I was in trouble as soon as he told me that the wire was being processed, and two or three days passed. And that just doesn't happen with wires. I had an ammunition distribution company for a while, and I sent out six-figure wires and seven-figure wires on a weekly basis, and they hit every single time,” said Tooker
“And there was every excuse in the book of why that couldn't happen,” said Tooker.
“But truly, all jokes aside, the overwhelming amount of stress and frustration I've had to deal with over the last month and a half, two months, knowing I lost that significant amount of money, and knowing not only it was lost, but it was taken from me, was even worse,” added Tooker.
When asked what his message would be to anybody who's thinking about doing business with Aubin, Tooker said, “Run before it's too late.”
This story was first published 11/29/24 7:30 AM