Nearly $2 million can be taken from businessman Andre Curtis and handed back to people who invested with his company following a rare judgment from Puisne Judge Carlisle Greaves.

Mr. Justice Greaves yesterday varied a restraint order against Mr. Curtis put in place by the Department of Public Prosecutions when Bermuda Police Service started investigating him and his company Harvest Investment Holdings around two months ago.

It means Sysix Technology, of Illinois, and TSC Holdings, of the Bahamas, can now reclaim close to $2 million they invested with Harvest Investment Holdings shortly before the Police probe began.

The ruling came after a series of court hearings involving the DPP, representatives from the Attorney General's chamber, Mr. Curtis' lawyer Patricia Harvey and lawyer Justin Williams, representing Sysix Technology and TSC Holdings, who made the application for the order.

On Tuesday this week, Mr. Curtis, 44, of Whale View Lane, Warwick, appeared in Magistrates' Court to answer charges resulting from the Bermuda Police investigation. These were operating an investment company without a licence between March 2007 and December 2008; and making a statement, promise or forecast which he knew to be false between August 2008 and December 2008.

The first alleged offence, under the Investment Business Act 2003, carries a maximum fine of $250,000 and/or prison sentence of up to five years. The second, under the Criminal Code Act, carries a maximum $100,000 fine and/or jail of up to five years.

As part of a separate investigation, Montana State Auditor's Office is investigating Mr. Curtis as part of an alleged Ponzi scheme in which investors across the world are said to have been duped out of millions of dollars.

The auditor alleges Mr. Curtis ran that initiative jointly with convicted money launderer and fraudster Daniel Two Feathers, Shawn Swor, Terrence Paulin, Eric Schultz and five companies or trusts connected to them.

In that action, Mr. Curtis is accused of 24 violations and Harvest Investment Holdings – of which he is chairman – a further 23. Violations against Mr. Curtis include: making untrue statements to the Illinois investor "where there was no set of circumstances in which the investment could return this type of a rate"; failing to tell the investor cash would be used for the benefit of Mr. Curtis; and knowingly providing substantial assistance to Mr. Two Feathers in his commission of securities fraud and operation and promotion of a Ponzi scheme.

Mr. Curtis was Premier Ewart Brown's political campaign manager for his Warwick South Central branch in the last General Election but was last month replaced by new Progressive Labour Party Constituency 26 branch manager Yolanda Furbert.