Being two feet away from the tunnel leading to a gold mine, 69-year-old Nicholas Fleming asked a potential investor for $500,000 to help him put his criminal proceedings behind him, pay off the 400 acres, 20 claims and secure the Plan of Operations with the BLM. The money would help Fleming get back on the mountain, get everything at the shop turned back on and finish the tunnel so they could begin pulling doar bars out.
Little did Fleming know that while he was making his pitch to the potential investor that Special Investigator Carolyn Hernandez was listening in on the call. Fleming’s criminal charges now awaiting the judicial process in the Sierra County District Court include charges of racketeering, sale of securities by an unlicensed agent, 23 counts of sale of unregistered security, 23 counts of securities fraud, five counts of embezzlement under $20,000 and eight charges of embezzlement over $20,000.
He can now add three additional charges to that list: one each of securities fraud, sale of an unregistered security and agent registration requirements and exemptions.