Former Denver Man Sentenced To 42 Months For Complex Fraud Scheme

DENVER –The United States Attorney’s Office for the District of Colorado announces that Heath Posey, 39, formerly of Denver, was sentenced to 42 months in federal prison, more than $6.2 million in restitution to victims and the IRS, a $10,000 fine, and three years of supervised release for his role in operating a multi-million-dollar fraudulent investment scheme. According to court documents and statements made in court, from approximately December 2022 through May 2024, Posey was the Chief Financial Officer of the ROI Cash Flow Fund, a fraudulent investment scheme. The ROI Cash Flow Fund was founded in June 2022 by Timothy McPhee. In late December 2022, McPhee hired Posey to serve as the fund’s Chief Financial Officer. In December 2025, McPhee was sentenced to 151 months in prison and ordered to pay more than $59 million in restitution to the IRS and victims of the investment fraud scheme. The ROI Cash Flow Fund was advertised to prospective investors as an opportunity to earn a 3% monthly return on a principal investment. Investors were told that the ROI Cash Flow Fund generated the 3% monthly returns by lending investor funds to a borrower who engaged in foreign exchange currency (forex) trading to generate a profit. As the fund’s CFO, Posey tracked the money moving in and out of the ROI Cash Flow Fund bank accounts, circulated fund materials, and initiated monthly payments to investors. In February 2023, unbeknownst to investors, the ROI Cash Flow Fund stopped sending investor funds to the borrower because the borrower was not paying returns as expected. To keep the fund running, McPhee and Posey started using investor funds to make 3% monthly payouts to certain investors. They continued to solicit investments into the fund. Although Posey knew that as of March 2023 the ROI Cash Flow Fund was not operating as advertised, he nevertheless helped McPhee conceal and carry out this fraud scheme until around May 2024. During this time, Posey repeatedly made false statements to investors, including that investors’ funds would be sent to a borrower who engaged in forex trading. Posey also helped recruit investors into the ROI Cash Flow Fund despite knowing that the fund was running out of money. From January 2023 until its collapse in February 2024, the ROI Cash Flow Fund generated a total of about $8 million in investments. McPhee and Posey used more than $5 million in investor funds to make 3% monthly payouts to certain investors, and Posey helped McPhee siphon off more than $2.2 million in investor funds for McPhee’s own financial gain. Both men also used investor funds to pay Posey’s salary and fund-related expenses, though investors were told their money would not be used to pay salaries, fees, or fund expenses. In total, the ROI Cash Flow Fund scheme caused a loss to investors of approximately $6 million. “It’s good news for our community that these swindlers are no longer able to hurt trusting clients with their schemes,” said United States Attorney for the District of Colorado Peter McNeilly. “The Department of Justice is committed to holding fraudsters who abuse the trust of others accountable.” “This defendant played a substantial role in orchestrating an elaborate Ponzi scheme that cost investors millions of dollars,” said FBI Denver Special Agent in Charge Amanda Koldjeski. “Pursuing his own greedy ends, the defendant lied repeatedly to investors and led to numerous individuals losing their life savings, retirement funds, and peace of mind. The FBI aggressively pursues fraudsters who try to benefit themselves by stealing from others.” “This defendant will spend years in prison for participating in a conspiracy that defrauded investors out of their hard-earned savings,” said Todd Wacaser, Special Agent in Charge, IRS Criminal Investigation's Denver Field Office. “Criminals who prey on hardworking people for their own financial gain should expect to be held accountable. IRS Criminal Investigation will continue to protect taxpayers and investors, safeguard the integrity of our financial system, and work with our law enforcement partners to bring those responsible to justice.” United States District Judge Charlotte N. Sweeney presided over the sentencing. The FBI Denver Field Office and the IRS Criminal Investigation Denver Field Office investigated the case. Assistant United States Attorney Amanda R. Scott for the District of Colorado and former Trial Attorney Lauren K. Pope of the Criminal Division’s Tax Section handled the prosecution. Case Number: 24-CR-352-CNS-2