Court news in brief, Aug. 31

The Securities and Exchange Commission last week charged two former Basalt residents for allegedly hatching a fraudulent investment scheme that claimed victims in and around Aspen and Montecito, California.

Defendant Andrew Wyles Waters, 59, and his wife, Helen Q. Waters, most recently lived in Basalt in November and now reside in Bali, Indonesia, according to a complaint filed by the SEC in U.S. District Court for the Central District of California on Aug. 21. Both are citizens of Australia, the suit said.

According to the complaint, Andrew Waters sold $3 million in common stock in Florida-based ECom Products Group Corp. from late July 2019 to July 2022 to more than 20 investors.

As the company’s director and CEO, Waters “made repeated false and misleading statements to investors about EPGC's business and capital raising efforts, as well as his intended use of the funds he obtained from his sales of the stock. Waters and his spouse, Helen Q. Waters, allegedly used cash proceeds from Waters’ fraud for personal expenses — including horseback riding and long-term luxury home rental expenses,” the SEC said in an announcement of the charges.

EPGC “purportedly owns, consolidates, and manages e-commerce platforms,” the SEC said.

Andrew Waters faces charges related to antifraud provisions of federal securities laws. Helen Waters is being charged as a relief defendant, which means that she is not being charged with a crime but as a beneficiary of the alleged crimes her husband committed.

A couple is suing Viceroy Snowmass over a wedding event that went “from a joyous celebration to a complete and unmitigated disaster,” according to a lawsuit filed this week.

The couple is seeking a refund of the $32,000 deposit they placed with the hotel, an amount they say they are due though they decided to cancel the wedding event. The Viceroy refuses to refund the deposit, the suit says.

Their reasons for canceling, however, were driven by the hotel management and ownership’s revelations to them on July 28 that the event would be severely disrupted by the construction of the Viceroy’s second phase of development, which includes a condominium tower next door and renovating onsite, the suit alleges.

Viceroy personnel told them they would be losing the use of the property’s ballroom terrace for their ceremony, the grand ballroom for their reception and a catering service for their wedding event, which was planned for 166 guests, the suit says.

The couple also learned from Viceroy personnel “that not only were the contracted rooms for the wedding events unavailable due to renovations but also the Viceroy Hotel’s restaurants and food service would be closed the entire week of the (couple’s) wedding. When (the couple) asked how the Viceroy Hotel was planning on catering the wedding event and feeding their guests staying at the Viceroy Hotel for a week, management at the Viceroy Hotel stated, ‘we’ll have to figure that out week of,’” the suit states.

The couple, who booked the Viceroy wedding event on Sept. 30, “fell into a state of shock as all their planning … of the purchases made to decorate the wedding, vendor contracts and deposits, and all of the non-refundable guest travel expenses were now useless. (The couple’s) wedding was rendered impossible,” the suit adds.

The bride- and groom-to-be also alleged that Viceroy management “was combative, condescending, hostile, and rude” during a July 31 meeting over the matter. One alternative the management suggested was erecting a tent by the pool of the Viceroy for the wedding event. The couple rejected the proposal, the suit said.

The lawsuit’s six claims relate to breach of contract, fraud and civil theft.

Viceroy did not immediately respond to a message seeking comment on Wednesday. East West Partners, which owns the hotel, also is a defendant in the suit.

Alan Feldman of Basalt law firm Feldman/Wertz filed the suit Tuesday in Pitkin County District Court. Sarah Ryman and Douglas Cox of Eagle County are the plaintiffs.

—Compiled by staff writer Rick Carroll

Success! An email has been sent to with a link to confirm list signup.

Error! There was an error processing your request.

Be the first to know what's happening as it's happening. When a story breaks, your email dings.

Catch up on the week's most-read stories. Perfect Sunday reading.

Wake up to today's headlines in your inbox. Information is just a click away.