SLO County marijuana mogul accused of fraud, again

October 5, 2020

Helios Dayspring, rapper Xzibit and Grover Beach mayor John Shoals outside a building Dayspring planned to house one of his marijuana businesses

BY CCN STAFF

Six months after FBI agents raided his home on the outskirts of San Luis Obispo, marijuana mogul Helios Dayspring is facing allegations of fraud and breach of contract from one of his partners.

William Szymczak, 81, formed a partnership with Dayspring in 2019. They agreed that Dayspring would be paid $48,000 a year to manage their joint cannabis businesses while Szymczak would provide capital, more than $17 million to date, according to a lawsuit Szymczak filed last month.

Szymczak was initially impressed with Dayspring’s experience in the cannabis industry and his claims of close relationships with public officials and those involved in permitting and licensing in SLO County, according to the complaint. He trusted Dayspring to manage their companies as agreed to in their contract, which requires partners to make capital contributions and joint disbursements.

But problems arose. After learning that IRS and FBI agents had raided Dayspring’s home in March, Szymczak had accountants take a closer look at the books.

“To Szymczak’s shock and horror, it is now clear that Dayspring has been looting the companies all along,” according to the lawsuit.

In his complaint, Szymczak accuses Dayspring of misappropriations of funds, breach of contract, fraud and elder abuse.

Specifically, the lawsuit accuses Dayspring of:

  • Advancing $1,753,094 from their joint businesses to the Natural Healing Center project in Lemoore, an entity in which Szymczak has no financial interest.
  • Advancing $1,505,122 from their joint businesses to Orcutt Holdings, another business in which Szymczak has no financial interest.
  • Paying hundreds of thousands of dollars from their joint businesses for legal services related to Dayspring’s troubles with the IRS and the FBI, in which Szymczak is not involved.
  • Taking more than one million dollars in cash from the businesses — in 2020 alone — without making any pro rata distributions to other members.
  • Taking at least 12 distributions between Jan. 1 and June 30, 2020, while Szymczak did not receive any distributions.
  • Failing to get insurance on a home that burned to the ground.
  • Spending over $2 million on purchasing and planting the wrong seeds, “yielding a practically worthless crop.”
  • Participating in “blatant self-dealing,” by purchasing products from his other companies at higher than market rates.
  • Failing to pay tax liabilities for their companies.

Dayspring argues that he was taking money out of the accounts to pay taxes, and that he has not misappropriated funds.

In addition, Dayspring says the problem was not the seeds, but that “the entire hemp market crashed,” according to Daypring’s declaration.

As for his issues with federal investigators, Dayspring says the investigations are tied to a potential tax liability that occurred before recreational cannabis was legal, according to court records.

Dayspring is the majority owner of three approved retail pot shops and multiple large marijuana grows in San Luis Obispo County, as well as many cannabis businesses in other counties in California.

Szymczak is asking the court to appoint a receiver to operate and manage the companies that he and Dayspring own jointly. He is also seeking damages in an amount to be determined at trial, along with legal costs and court fees.

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DenisRizzoUSA1

Helios has a terrible reputation… Very Greedy and Dishonest like the Politicians who take his Bribes and Free Marujuana. He is not a Mogul ! He is a savvy street Criminal Dealer hiding behind legal entities. The Politicians who like to get High on psychoactives allowed him to rise.(you can connect the dots)… I have been in the Legal Cannabinoid Industry a while and everyone knows Helios has terrible bedside manors… As long as the SLO county voters elect corrupt politicians, its no wonder these characters shall continue to exist and thrive…

Solution to this Problem is Prison for Career Criminals and Corrupt Politicians…


Gramelin

Come to think of it…Where has Heidi been lately? She’s been awefully quiet latley?


kayaknut

Probably at Cal Poly drumming up votes.


Deposed

She is in hiding as she now knows she has lost the race for Mayor, she is a despicable anti-government flake person. She has allowed your City to fall into dismay and corruption.


Since she has been Mayor, businesses have closed, Police Misconduct had increased, the City Parks, Streets, downtown is a mess, dirty and full of crime and are disconnected from the people.Time has come for a New Mayor and City Council as it has been now revealed the City is in need of a New Chief of Police, New Mayor and New City Manager.


Heidi Harmon is a real threat to Democracy and a Free people, she has aligned her self with radicals and criminals. She needs to go and go now, you need a new entire city government


Gordo

Mr. Szymczak should be careful with Dayspring. He might have an accidental overdose of his medication and expire before he gets Dayspring into court.


If the Fed’s witnesses can avoid dying, like poor old Sean Despain, they might just get some indictments of these local “entrepreneurs” and hopefully some convictions for bribery, tax evasion, fraud and of course drug trafficking.


Jorge Estrada

And is there a surprise in this story?


commonsenseguy

These are the friends of Adam Hill and Heidi Harmon. A bunch of crooked heathens that deserve to be held accountable for their money laundering at many levels. They eventually WILL PAY for their actions. I promise you that. Hey Heidi, those who know, are talking.


LameCommenter

“Crooked heathens”. Good one.


obispan

“Sue-prize, sue-prize”! At least Helios can make the argument that he would be a like-for-like replacement for Adam Hill.


jimmy_me

This cr*p will continue to happen as long as the county acts in such ways as to keep the prices of cannabis high. The county’s pay to play and pay to grow schemes is 100% to blame for these problems. Allow the average person to grow their own cannabis and the price would drop dramatically. The result would be that the thugs, losers, criminals, and politicians described in this article would be looking for work elsewhere.


It’s a freaking plant! It grows itself with little effort. The year is 2020 and the voters of California spoke as to the issue of making cannabis legal. Why are criminals and politicians still involved?


kayaknut

And as long as the county and state officalls allow for combined growers to grow what, like 700% the amount that is actually being legally purchased in the state. What do officials actually think is happening to the other 600% of the crop?


Robert1

Dudes investment went up in smoke!!


Murse

Where does Nick Andre fit into this corruption? He became an executive at Helios Dayspring’s cannabis business through political connections with Adam Hill. Nick also ran Heidi Harmon’s campaign, they became good friends and he still advises her. Corruption in SLO is rampant.


slocalgal

Follow the money. Mayor Harmon says she earns less than $1000/month as mayor. I know people who pay more than that for a room in a house.