Evergreen resident arrested on securities fraud charges

-A A +A
By Vicky Gits

Evergreen resident Kenneth G. Berry, 65, has been charged with 11 counts of securities fraud in Colorado in connection with selling shares of stock in a reportedly non-existent company called Biotech Information Systems Inc.

Berry’s wife, Anne Wakeford Berry, is listed as a co-defendant in the case.

Ken Berry is alleged to have illegally obtained money from eight people, each of whom invested about $10,000 between Nov. 17, 2006, and May 15, 2008, according to the complaint filed Feb. 18 in Jefferson County District Court.

Berry was arrested Thursday, Feb. 19, and was freed on $150,000 bond. A date has not yet been set for his court appearance.

Homeowners in the Bear Mountain Vista subdivision where Berry has lived since about 2006 reportedly saw him handcuffed and taken away in a Jefferson County sheriff’s vehicle on Feb. 19. Observers also reported his Audi was lifted on a trailer and towed away.

Berry reportedly is known to have approached several neighbors and asked them to make investments in his company, but they declined, a neighbor said.

Berry incorporated Biotech Information Systems in Nevada on June 17, 2005. The business address is the same as the couple’s home in Evergreen. The stock certificates were signed by K. Berry as president and by A. Berry as secretary.

The complaint states the Berrys failed to disclose material facts, such as that the money would be used for the Berrys’ personal expenses, and that Ken Berry has several felony convictions, including for fraud and theft.

Ken Berry has been convicted of five felonies, including grand theft, in both Los Angeles and Placer County, Calif., in 1988 and 1989. He was also convicted of wire fraud in Georgia in 1992; escape in California in 1994; and felony property theft in Sebastian, Ark., all according to the Colorado attorney general’s complaint.

In 2006, neighbors accused the Berrys of throwing big rocks at their dog, which was barking at them from inside an invisible electric fence. According to the incident report, Ken Berry told police the dog had charged them at least 30 times and he threatened to kill the dog if he needed to defend himself.

The police officer told him that if he were to kill the dog under such circumstances there would be legal consequences. The Berrys were told to stay away from the property and not to make contact, or harassment charges would be filed.