A Florida attorney the SEC has described as “anything but lawyerly” is now the subject of an FBI “Wanted” poster and is considered “armed and dangerous.”
The FBI issued the poster after Michael Ralph Casey “failed to appear for a court hearing and a bench warrant was issued for his arrest by the United States District Court, Southern District of Florida.”
Casey, 67, was required to appear in court on April 29, but did not show, the FBI said. Along with James C. Howard III and Louis N. Gallo III, Casey was charged both civilly and criminally in September 2012 for his alleged role in Commodities Online.
The SEC has described Commodities Online as a securities swindle led by two convicted felons (Howard and Gallo) with narcotics rap sheets. The “program” allegedly was married to a boiler-room operation and tried to sanitize itself by bringing in Casey, who allegedly turned a blind eye to the scam.
Commodities Online is alleged to have gathered tens of millions of dollars. The “program” operators were accused of moving millions of dollars offshore while the SEC was closing in in 2011.
The alleged Commodities Online swindle also is notable for peripheral ties to other HYIP debacles. A Nevada company known as SSH2 Acquisitions sued James Clark Howard in 2010, alleging it had been ripped off in a Ponzi scheme. AdSurfDaily Ponzi figure Terralynn Hoy, later listed as an alleged winner in the Zeek Rewards Ponzi scheme, was listed in Nevada records as a director of SSH2.
Meanwhile, BWFC Processing Center LLC, the registered agent of SSH2, is associated with Joseph Craft, a figure in the alleged TelexFree pyramid- and Ponzi scheme.
ASD was an alleged $119 million Ponzi scheme; Zeek was alleged to be a combined Ponzi- and pyramid swindle that gathered $850 million, and TelexFree has been described by regulators as a combined pyramid- and Ponzi fraud that gathered $1.2 billion.
Hoy was a moderator at the now-defunct “Surfs Up” forum that cheered for ASD Ponzi schemer Andy Bowdoin. She also moderated a defunct forum that led cheers for AdViewGlobal, an ASD reload scam that collapsed in 2009. Surf’s Up disappeared mysteriously in early 2010. Earlier this year, the court-appointed receiver in the Zeek case identified Hoy as a Zeek winner.
The Dispatch of Lexington, N.C., published a story June 7 to update readers on Zeek Rewards-related litigation — specifically the date of a hearing on a motion by certain Zeek members (alleged net winners) to dissolve the receivership. (See link to story/Comments below.) As of this morning, about 27 comments appear below the story. The comments appear to be from Zeek supporters. Zeek was based in Lexington.
Zeek, the SEC said in August 2012, was a $600 million Ponzi- and pyramid fraud that duped investors into believing they were receiving a legitimate return averaging about 1.5 percent a day. Zeek’s business model was similar to AdSurfDaily, a Florida-based Ponzi scheme that collapsed in 2008. Federal prosecutors said ASD had gathered about $119 million.
ASD became infamous not only for its purported payout of 1 percent a day, but also for the extremely strange behavior of some of its supporters. Curtis Richmond, one of the scheme’s cheerleaders, was a purported “sovereign” being once sued successfully under the federal racketeering statute for his role in various bizarre plots advanced by a purported “Indian” tribe in Utah known derisively as the “Arby’s Indians.” (The “tribe” once held a meeting in an Arby’s restaurant.) Among other things, the “tribe” issued arrest warrants for public officials and litigation opponents and used the address of a Utah doughnut shop as the address of its purported “Supreme Court.”
Richmond accused the judge presiding over the ASD case of dozens of felonies, saying she was guilty of “TREASON.” Moreover, Richmond claimed the judge’s supervising judge was conspiring with the judge to deny ASD members justice. For these claims (and more), Richmond was accorded the title of “hero” on the “Surf’s Up” forum, an ASD cheerleading site set up after the U.S. Secret Service raided ASD in August 2008. Among the Surf’s Up faithful was Terralynn Hoy, who later presided over at least one conference call for Zeek. (See this PP Blog Comments thread from June 2012. Props to GlimDropper of RealScam.com.)
Many highly peculiar narratives were advanced by ASD supporters. One of them held that the U.S. government took about $80 million seized in the ASD case and plowed it into a secret fund through which it almost immediately generated $1 billion in interest that the United States used to pay for black ops. Another held that all commerce is lawful as long as the parties agree that it is lawful, a position that would legalize slavery. Yet another held that the ASD judge was on the take and “brain dead” if she ruled against ASD. Still another held that undercover agents who joined ASD to get the lay of the land had a duty to inform ASD management.
On Surf’s Up, an ASD supporter claimed that a “militia” should storm Washington with guns. Another claimed a federal prosecutor should be placed in a medieval torture rack. Beyond that, a purported “prayer” was circulated that called for federal prosecutors to be struck dead.
Given that ASD operator Andy Bowdoin once described himself (from a stage in Las Vegas) as a Christian “money magnet” and later claimed that the Secret Service was “Satan” and compared the agency to the 9/11 terrorists who killed nearly 3,000 people in New York, Pennsylvania and Washington, it’s no surprise that it became next-to-impossible to keep track of all of the ASD conspiracy theories.
What is surprising is that any number of Zeekers seem willing to buy into the same sort of mind-numbing mind-set.
At The Dispatch site, apparent Zeek supporters are claiming that:
the “SEC messed us all up.”
the court-appointed receiver “should be on trial.”
“someone paid these guys off with MINIMAL evidence!”
“Gestapo/KGB/SS tactics” are being used against Zeek by people in the “Executive Branch.”
the government is “not allowing anyone to [grow] economically.”
Friends, a 1.5-percent-a-day “program” pushed on well-known fraud forums such as TalkGold and MoneyMakerGroup is a scam. Period. The SEC acted in the best interest of Zeek investors — and in the best interest of the people of the United States who are sick and tired of seeing their country used as a playground for HYIP scammers or worse. The security condition created by “programs” such as Zeek, Profitable Sunrise, JSSTripler/JustBeenPaid and others is untenable.
Kenneth D. Bell, the court-appointed receiver for Zeek, has been doing a commendable job amid extremely trying circumstances. (In terms of the number of victims, Zeek may be the largest Ponzi scheme in U.S. history.) Bell is a former federal prosecutor known for having once successfully prosecuted a Hezbollah terrorist cell operating in the United States. He was appointed by a federal judge who is a former Naval officer. Claiming Bell should be put on trial is pure idiocy. So is clinging to a belief that the government somehow has outlawed the growth of business in the United States.
No one got “paid off” to do anything against Zeek — and the evidence that Zeek had an insurmountable mountain of unfunded liabilities and was paying members with money from other members is overwhelming.
Claims about Gestapo, KGB and SS tactics also were made by ASD members. Dwight Owen Schweitzer, later of Zeek, sued the United States (with fellow ASD and Zeek member Todd Disner). Among other things, Schweitzer and Disner claimed they were “unaware of any remission payments having been made” through the government-sponsored restitution program — this despite the fact the government had returned tens of millions of dollars to ASD investors and had issued news releases repeatedly about the program.
For good measure, Schweitzer and Disner also claimed that undercover agents who joined ASD “should have reported their own violations of the ASD terms of service” to ASD management. The pair made this bizarre claim long after ASD lost in the District Court and in the U.S. Court of Appeals. Amazingly, the claim also was made after prosecutors pointed out that some ASD members were recruiting for ASD even though they knew it was a Ponzi scheme and that Andy Bowdoin’s silent partner in ASD was his sponsor in the 12DailyPro Ponzi scheme broken up by the SEC in February 2006 — months before ASD launched and years before Zeek launched.
So, if you’re inclined to call accused Ponzi schemer and Zeek operator Paul R. Burks a genius while ranting against the government, you are according that title to a man who appears to have learned nothing from the ASD and 12DailyPro (and Legisi and PhoenixSurf and CEP and Imperia Invest IBC) prosecutions. If you are unhappy that the government’s Zeek action froze money you were counting on — well, that’s understandable. At the same time, however, there is a good chance you don’t understand the context of your own unhappiness. Zeek and Burks are to blame, not the SEC and the receiver.
If you joined another Zeek-like “program” after the SEC action, the best that can be said is that you are slow to learn. The worst is that you are a budding “Ken Russo,” perhaps the most intransigent Ponzi-board scammer in the Western Hemisphere. Zeek member “Ken Russo” sells people into Ponzi misery for a fee.
Repeatedly.
What ASD and Zeek both appeared to be was a bid to dupe investors into believing that, if 12DailyPro’s return of 12 percent a day for 12 days for thousands of members was impossible, the “smaller” daily returns of ASD (1 percent) and Zeek (1.5 percent) for between 90 and 150 days for hundreds of thousands of members somehow were more plausible.
UPDATED 8:55 A.M. ET (U.S.A., DEC. 11) Are Zeekers doing research in advance of clawback actions in the Ponzi scheme case or otherwise trying to get a sense of history? Are they (or other readers) trying to gain a better understanding of ties that may exist among Zeek, AdSurfDaily and AdViewGlobal?
Three of the PP Blog’s five “Most Popular” stories last week were “old” articles about ASD and AVG, according to a tracking service used by the Blog. AVG had not dominated reader interest on the PP Blog for nearly three years.
Here are links to (and briefs about) those stories:
The July 16, 2009, story reported that seven would-be, pro se intervenors in the ASD Ponzi case were denied standing by a federal judge. In her ruling, the judge pointed out that the first filing occurred in February 2009. It is “representative and seems to be a ‘form’ complaint inasmuch as the others are duplicates,” the judge said.
A key part of the ruling (italics added): “Fraud victims who voluntarily transfer their property to their wrongdoers do not retain a legal interest in their property; instead, such victims acquire a debt against their wrongdoers.”
Waves of other pro se filiers later were denied standing in the case. (On at least two occasions, the judge denied the would-be intervenors en masse.)
It perhaps is worth pointing out that standing also could become an issue in the Zeek case. Given ASD’s history, it also seems possible that “defenders” of the Zeek scheme will ponder the use of shared litigation templates. (The ASD templates, which advanced conspiracy theories and accused public officials of crimes, didn’t “work.” To date, one Zeeker has accused the court-appointed Zeek receiver of a crime.)
The Dec. 7, 2009, story reported that AVG, a purported offshore entity, had conducted conference calls earlier in the year and lured prospects with “bonuses.” It also reported that some AdSurfDaily figures were among the first to receive the “bonuses.”
It perhaps is worth pointing out that an effort by some Zeek insiders now appears to be under way to lure their downlines into nascent “programs,” at least one of which is being positioned as a way to maintain a Zeek downline in a new “program” and receive a bonus. The name of the new “program” that purportedly will provide bonuses to Zeek members and its base of operations are unclear.
Zeek and ASD figure Todd Disner, however, recently was reported to be in Hong Kong with a “lost” passport.
“Todd Disner,” said Zeek figure Robert Craddock on a call last week. “Bless his heart. I don’t know if he’s found his passport yet, but he’s . . . in Hong Kong right now assisting us with this new program. And he’s lost his passport. So, I don’t know if he’s made it back to the states yet or not. And, so, we’re all working very, very hard to pull this together for you.”
Some Zeekers have ported themselves to schemes such as “BannersBroker” and “GoFunPlaces.” It is possible that any number of Zeek members took soiled proceeds from previous scams to their new “opportunities.” What’s not known at this time is what will happen if Zeek “winners” who are the prospective targets of clawback litigation will do if they moved illicit Zeek proceeds into another scheme or dissipated the money in other ways.
From the Dec. 7, 2009, story (italics added):
The conference call, hosted by Terralynn Hoy, a Moderator at both the Pro-AdSurfDaily Surf’s Up forum and a ning.com forum set up to promote AVG, did not disclose how the member amassed a large sum in only days and qualified for a cashout. But another participant in the call announced that the man excitedly expected to receive a check for $10,000.
Terralynn Hoy, a figure in both the ASD and AVG stories, hosted at least one call for Zeek in 2011. ASD was a $119 million Ponzi scheme that collapsed in August 2008. AVG collapsed in a sea of mystery in June 2009. Before it collapsed, it sought to make an 80/20 “program” mandatory and exercised its version of a “rebates aren’t guaranteed” clause.
Lots of Zeek members tried to encourage fellow members and prospects to keep 80 percent in the “program” and remove only 20 percent. Like ASD and AVG, Zeek also had a version of a “rebates aren’t guaranteed” clause. Some Zeek “defenders” now claim that Zeek should be left alone because it never promised anybody anything. ASD and AVG members said the same thing about those “programs.”
This story reported that certain members of the Bowdoin-Harris family involved in both ASD and AdViewGlobal purportedly had moved to Uruguay. News about the purported move broke after AVG was mentioned in a racketeering lawsuit against ASD in June 2009.
From the July 24, 2009, story (italics added):
AVG has a history of blaming members for its problems and deflecting accountability from management to the rank-and-file. In the past, it has blamed members for the suspension of a bank account and threatened to sue members who shared information outside association walls — and even to contact their ISPs to suspend service of people who asked pointed questions about the company in forums.
Yesterday’s announcement by AVG also blamed the delay in audit findings on unspecified “complications created by changes in payment processors.”
Prior to its August 2012 collapse, Zeek appears to have experienced problems with banks and payment processors. Some Zeek promoters cautioned fellow members not to talk too much about Zeek in public. On Aug. 4, Zeek complained on its Blog about unspecified “North Carolina Credit Unions” saying unfair or untrue things about Zeek.
Zeek members were warned there would be consequences to members who did not toe the company line.
Just 13 days later, on Aug. 17, the SEC filed an emergency action in federal court that alleged Zeek was a $600 million Ponzi and pyramid scheme
UPDATED 4:20 P.M. EDT (U.S.A.) Unsolved mysteries remain in the Zeek Rewards Ponzi scheme case. Among the unanswered questions are these:
How many members did Zeek have in common with AdSurfDaily, a predecessor 1-percent-a-day scam to the Zeek scheme?
Why do some Zeek “defenders” appear to be engaged in bizarre bids to harass and menace Zeek critics?
Why did Zeek list certain ASD members or story figures as employees on its website — and why does some of the employee information published on Zeek’s website in June appear to be at odds with employee information contained in court filings by Zeek last week?
How much connectivity did Zeek have with scams such as NarcThatCar, AdViewGlobal, OneX and JSSTripler/JustBeenPaid, a “program” that may have ties to the “sovereign citizens” movement?
On June 7, the PP Blog reported that a Zeek Rewards MLM “program” website was listing the names of 16 Zeek “employees,” including the name of Terralynn Hoy, a mainstay in the AdSurfDaily Ponzi scheme story. Also included was the name of OH Brown, an executive at a company (USHBB Inc.) that produced ads for the NarcThatCar pyramid scheme. This information is reflected in screen shots Nos. 1 and 2. Notes by the PP Blog also are included.
Hoy participated in at least one conference call for Zeek, as did Brown. Zeek’s 1-percent-a-day-plus business model was very similar to the business model of ASD, which the U.S. Secret Service described in 2008 as a massive online Ponzi scheme that had gathered tens of millions of dollars. Zeek launched after the collapse of ASD and had members and/or figures in common with ASD and AdViewGlobal, a collapsed 1-percent-a-day “program” federal prosecutors linked in April 2012 to ASD.
Among Silver’s OneX claims was that OneX positions being given away were worth $5,000. Bowdoin declared OneX an excellent “program” for college students.
Even though Zeek claimed Silver, Hoy, Catherine Parker, Brown, Trudy Gilmond and Marie Young Cain as “employees” in June, they are not referenced as “EMPLOYEES, OTHER PERSONNEL, ATTORNEYS, ACCOUNTANTS & OTHER AGENTS/CONTRACTORS” in a Sept. 17 court filing by Rex Venture Group LLC/Zeek operator Paul R. Burks.
Also absent from Burks’ Sept. 17 list of Rex/Zeek employees/contractors is Robert Craddock, who identified himself in July as a Rex “consultant.” In July, prior to the SEC’s Ponzi allegations against Zeek, Craddock sought to disable the Hub of Zeek critic “K. Chang” by filing a complaint for purported copyright/trademark infringement and libel with HubPages.com. Craddock was successful briefly, but HubPages eventually restored the “K. Chang” Hub. Craddock later became involved in a purported effort to raise funds to “protect” Zeek affiliates from the SEC and/or the court-appointed receiver in the Zeek Ponzi case.
Gilmond once pitched Regenesis2x2, a “program” that became the subject of a U.S. Secret Service investigation in 2009. The Secret Service also is investigating Zeek. The SEC described Zeek last month as a $600 million Ponzi- and pyramid scheme.
Precisely how and when Rex/Zeek hired or replaced/dismissed employees is unclear. The names of a number of individuals listed by Zeek as employees in June do not appear on the list Burks filed in court last week.
NarcThatCar effectively collapsed in 2010, after coming under scrutiny by the Better Business Bureau and investigative reporters. Narc operated from Texas — and yet did part of its banking in North Carolina at one of the banks used by Zeek. Both Narc and Zeek used USHBB Inc. to produce ads for their respective “programs.” Both Narc and Zeek scored “F” grades with the BBB — and when the BBB published negative information about the respective “programs,” some affiliates of the respective “programs” claimed the BBB was a fraud.
Zeek ‘Defender’ Stalks PP Blog, Starts Disinformation Site After HubPages Restores ‘K. Chang’ Site Targeted By Craddock
The PP Blog is reporting today that, after the SEC described Zeek as a $600 million fraud and after HubPages restored the “K. Chang” Hub critical of Zeek and targeted by Craddock, a purported Zeek “defender” used the Internet repeatedly to send harassing communications to the PP Blog. Dated Aug. 28, one such communication was an announcement that the PP Blog and “K. Chang” had been targeted in a retaliation campaign for their respective reporting on Zeek.
3.
4.
The Blog’s stalker created more than a dozen bogus usernames and email addresses to send harassing (and bizarre) communications to the PP Blog.
Here is one from Aug. 31 (italics added):
Watch out for the Romney lover namely KSChang!!!! He was saw holding hands with Mitt, caressing the presidential candidate, while surfing PatrickP’s amazing, smart, funny, and romantic blog.
Mitt Romney is the Republican nominee for President of the United States.
For reasons that remain known only to the PP Blog’s cyberstalker, the individual also sent a one-word harassing communication — “Pussy” — to the thread below this Aug. 29 PP Blog guest column by Gregg Evans. Separately, the cyberstalker sent a communication that planted the seed Evans would get sued for his Aug. 29 PP Blog column.
“Are you willing go toe to toe with a lawyer on your claims and back up this article?” the cyberstalker wrote.
On Aug. 31, the cyberstalker — who’d been banned under multiple identities — sent this harassing communication to the PP Blog:
“What happened to your face dude, looks like you got ran over by an ugly truck.”
URGENT >> BULLETIN >> MOVING: Florida attorney Michael R. Casey has been charged both civilly and criminally in the alleged Commodities Online fraud scheme, the SEC said.
Also charged criminally and civilly were former Commodities Online executives James C. Howard III and Louis N. Gallo III.
“This trio teamed up to employ all the hallmarks of an investment scheme,” said Eric I. Bustillo, director of the SEC’s Miami Regional Office. “Howard met with prospective investors at a luxury hotel to emanate a false sense of wealth and security, Gallo oversaw an in-house boiler room that drummed up investor interest, and Casey was the company’s purported legal counsel who acted anything but lawyerly.”
Both Howard and Gallo were convicted felons prior to emerging as executives at Commodities Online, the SEC said. The fraud caper allegedly gathered $27.5 million.
From the SEC complaint (italics added):
In reality, COL performed only a limited percentage of the commodities transactions it promised investors. Instead, the Company, Howard, and Gallo dissipated millions of dollars of investor funds to largely sham companies, including Relief Defendants Sutton Capital, LLC, J & W Trading, LLC, American Financial Solutions, LLC, and Minjo Corporation. Through these companies, Howard and Gallo misappropriated investor funds for their own use. So-called profits they distributed to investors they took largely from other investors’ funds.
Casey personally made misrepresentations to investors about the profitability, structure, and existence of the purported commodities contracts. He also knew about Howard’s misappropriation of investor funds, but failed to disclose this fact when he communicated with investors.
Howard, 53, resides in of Lauderhill, Fla.
“In 1997, Howard was convicted of federal narcotics and firearms felonies and sentenced to 57 months in prison,” the SEC said.
Gallo, 43, resides in Parkland, Fla.
“In 2005, Gallo pleaded guilty in the United States District Court for the District of New Jersey to bank fraud and narcotics charges and was ultimately sentenced,” the SEC said. “In 2007, in the same court, he pleaded guilty to transmitting a threat to injure and was later sentenced to one day in prison and a three-year term of supervised release.”
Casey, 65, resides in Oakland Park, Fla.
“He is an attorney licensed to practice in Florida,” the SEC said. “In early 2010, Casey acted as COL’s outside legal counsel. In May 2010, he replaced Howard as president of COL.”
From the SEC complaint:
In May 2010, COL issued a press release announcing Howard was stepping down from his COL management position but would “remain in a consulting relationship with [COL] and will continue to provide the company with the benefit of his many years of experience in the commodities business.” While the press release announced that Casey would replace Howard as president, it did not disclose Howard’s arrest [in a separate alleged fraud scheme]. Gallo and Casey were aware of the press release, which at least one of COL’s sales agents circulated.
The SEC initially moved against Commodities Online last year. Today’s complaint names individual defendants and companies that allegedly received ill-gotten gains.
James Clark Howard III
Howard was arrested by the Boca Raton Police Department in a separate scheme targeting Haitian Americans on March 5, 2010. About six months later — in September 2010 — he was sued by a Nevada company that listed former AdSurfDaily member and Surf’s Up moderator Terralynn Hoy as a director.
The Nevada company — SSH2 Acquisitions Inc. — alleged that Howard was part of a Ponzi scheme that also involved Patricia Saa, Sutton Capital LLC and Rapallo Investment Group LLC.
Howard and the defendants, according to the lawsuit, told SSH2 it was trading in commodities and “would produce profits of 40% per month or more, while not risking any of the invested funds.”
In its lawsuit, SSH2 alleged that its dealings with Howard and the others began in “early 2009? and continued through March 2010.
After the August 2008 seizure by the U.S. Secret Service of tens of millions of dollars in the AdSurfDaily Ponzi case, Dwight Owen Schweitzer became a pitchman for the Zeek Rewards "program," according to this ad. Schweitzer, a former attorney whose license was suspended in Connecticut, and fellow ASD figure Todd Disner sued the United States in November 2011 for alleged misdeeds in the ASD case, claiming the government had authored a "tissue of lies" in the ASD case and that ASD was a legitimate business. ASD President Andy Bowdoin admitted last month that ASD was a Ponzi scheme and that his business never operated legally from its 2006 inception, putting Bowdoin at odds with both Disner and Schweitzer and also purported MLM expert Keith Laggos, who curiously opined ASD was not a "Ponzie" scheme. Bowdoin is now jailed in the District of Columbia after a federal judge revoked his bond. The judge ordered Bowdoin jailed pending formal sentencing after the government proffered evidence that Bowdoin continued to promote fraud schemes after the seizure of $65.8 million from his personal bank accounts in 2008 and after Bowdoin was arrested in December 2010 on ASD-related charges of wire fraud, securities fraud and selling unregistered securities.
EDITOR’S NOTE: The filing by Todd Disner and Dwight Owen Schweitzer to which the PP Blog refers in this story was in response to a May 18 government motion to dismiss a lawsuit filed by Disner and Schweitzer against the United States in the Southern District of Florida or to transfer the case to U.S. District Court for the District of Columbia. The government filed its motions on the same date ASD President Andy Bowdoin pleaded guilty to wire fraud and admitted that ASD was a Ponzi scheme . . .
BULLETIN: In a curious, 23-page narrative, AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer — who went on to become promoters of the Zeek Rewards MLM — have raised the prospect that they could be prosecuted for tax evasion because of the government seizure of ASD’s database in August 2008.
Neither Disner nor Schweitzer referenced Zeek in a filing stamped June 15 and entered today on the docket of U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida. But the filing includes the name of Zeek consultant Keith Laggos, positioning Laggos as an expert on Ponzi schemes who ventured an opinion that ASD was not a Ponzi scheme.
The Disner/Schweitzer filing does not mention that Laggos repeatedly misspelled “Ponzi” as “Ponzie” in his purported expert opinion in the ASD case. Nor does it mention that Laggos was prosecuted by the SEC in a 2004 case that alleged he issued laudatory press releases and a laudatory article for a company that later become the subject of a securities investigation without disclosing he was being compensated for touting the purported opportunity.
Laggos neither admitted nor denied the SEC’s allegations, which involved a company known as Converge Global Inc. and a subsidiary known as TeleWrx Inc. The future Zeek consultant settled the 2004 SEC case by disgorging nearly $12,000, paying interest of nearly $2,000, paying a civil fine of $19,500 and agreeing to a five-year penny-stock ban.
Laggos was permanently enjoined in the case from violating Section 17(b) of the Securities Act, which makes it unlawful to tout a stock without disclosing the nature and substance of any consideration, whether present or future, direct or indirect, received from an issuer, underwriter or dealer.
An image of Laggos now appears in a commercial for Zeek, and a publication owned by Laggos has issued laudatory coverage of the purported MLM opportunity, which plants the seed it provides a return of between 1 percent and 2 percent a day without being a “pyramid scheme” and without constituting an investment opportunity.
It is known that Zeek and ASD had common promoters and that, beginning in about July 2011, some well-known figures in the ASD story began to emerge publicly as Zeek boosters. Among them are former “Surf’s Up” moderator Terralynn Hoy and former ASD pitchman Jerry Napier.
Hoy, who has been listed as a “Zeek” employee and has hosted at least once conference call for Zeek, was a moderator of a defunct ASD cheerleading forum known as “Surf’s Up.” While “Surf’s Up” still was operating, Hoy became a moderator of a forum that led cheers for an autosurf known as AdViewGlobal, which federal prosecutors now say was a fraudulent scheme backed by ASD President Andy Bowdoin. Both Surf’s Up and the AdViewGlobal forum, which also now is defunct, described ASD figure and purported “sovereign citizen” Curtis Richmond as a “hero.”
Richmond has a contempt of court conviction for threatening federal judges and once was sued successfully under the federal racketeering statute for participating in a scheme in which enormous purported judgments were filed against public officials and the officials were threatened with arrest. ASD is known to have had ties to tax deniers and “sovereign citizens.”
Some Zeek promoters also are pushing a purported “opportunity” known as JSS Tripler/JustBeenPaid that may have links to the “sovereign citizens” movement. Frederick Mann, the purported operator of JSS/JBP, does not identify where the purported opportunity operates from and has speculated that the servers of JSS/JBP could be targeted in a “cruise missile” attack by the government.
JSS/JBP advertises a return of 2 percent a day, a percentage that Zeek sometimes says it has matched or exceeded — though Zeek generally stays between 1 percent and 2 percent a day when the purported payout is averaged over a week, Zeek promoters claim.
As a Zeek promoter, Napier was given a puff piece last summer by the purported Zeek opportunity. An individual with the same name appears to have signed a petition in December 2008 calling for the U.S. Senate not to investigate ASD and Bowdoin, but to investigate various federal prosecutors and the U.S. Secret Service agent who brought the ASD Ponzi case in August 2008. The petition showing the name of “Jerry Napier” appears to have been signed by “Jerry Napier” after federal prosecutors brought a second forfeiture case against ASD-related assets on Dec. 19, 2008. As was the case with the August 2008 forfeiture filing by the government, the December 2008 case alleged a Ponzi scheme.
Today’s filing by Disner and Schweitzer advances a theory — even after Bowdoin’s guilty plea to wire fraud last month and public acknowledgment that he presided over a Ponzi scheme — that the government’s Ponzi claims constituted a “house of cards.”
It also plants the seed that prosecutors shopped the ASD case to a “frendly [sic] forum” in the District of Columbia to make it easier for the government to enlist “some of their Washington D.C. operatives to become members of ASD, thereby making them potential witnesses.”
Disner and Schweitzer claim that the seizure of ASD’s database in Florida was unconstitutional because it subjected them to an invasion of privacy and potentially a tax investigation.
“The plaintiffs have alleged that the information taken by the defendant places the plaintiffs in jeopardy of the defendant seeking to prosecute the plaintiffs for tax evasion as a result of the defendant having taken the plaintiffs records which are necessary to enable the plaintiffs to file accurate tax returns for the period covered by those records,” Disner and Schweitzer argued.
And Disner and Schweitzer further ventured (italics added):
As a result of the government’s action, the plaintiffs cannot file accurate tax returns, have lost both past and future business revenues, their reputations have been damaged to the extent that they recruited others to join in the program that the defendant alleged to be a Ponzi scheme, and by inference the plaintiffs have therefore enlisted others to participate in an illegal enterprise. The injuries suffered by the plaintiffs are not hypothetical or conjectural but are both finite and calculable. They have alleged that the actions taken against them were authorized without meeting the constitutionally guaranteed and statutorily increased requirements to establish probable cause and resulted in an illegal search and seizure of their property and effects.
Neither Zeek nor any of its executives or promoters have been accused of wrongdoing. Zeek, though, claimed last month that it was closing two U.S. bank accounts and looking to open an account with a bank it did not name.
Zeek is using offshore payment processors linked to numerous schemes that promote outsize returns. A Zeek auction arm known as Zeekler is auctioning sums of U.S. cash and telling winners it will pay them via offshore processors.
Components of the Zeek scheme are similar to components of the ASD Ponzi scheme.
In 2008, an HYIP scheme known as Legisi resulted in an an SEC civil prosecution. Court papers showed that the U.S. Secret Service and state regulators in Michigan were conducting an undercover probe of Legisi which, like JSS/JBP, sought to make participants affirm they were not government employees.
Like ASD’s Bowdoin, Legisi operator Gregory McKnight pleaded guilty to wire fraud. Records show that a tier of the purported Legisi program offered a daily return that was about one-fourth the daily return Zeek plants the seed can be realized through its purported opportunity.
Although Surf’s Up, which received ASD’s official endorsement as a news outlet with Hoy as a moderator, led cheers for ASD and Bowdoin until the forum mysteriously vanished in January 2010, Hoy appears to believe that Ponzi schemes actually can exist.
SSH2 Acquisitions, a Nevada company that listed Hoy as a director, claimed in 2010 that it had been defrauded in a Ponzi scheme.
A Blog targeted at senior citizens is recruiting affiliates for Zeek Rewards, JSS Tripler/JustBeenPaid and other online "programs" that suggest they can create riches. (Redaction by PP Blog.)
EDITOR’S NOTE: As the PP Blog was researching matters pertaining to the Zeek Rewards MLM “program” and preparing the post below for publication, it encountered a subdomain of the ZeekRewards.com website styled “zeeksupport.” A page on the subdomain purports to identify 16 Zeek “employees,” although is was unclear whether the workers received a wage or salary or were independent contractors.
Here is the full URL: http://zeeksupport.zeekrewards.com/zeeksupport/people
Included among the “employees” listed were Terralynn Hoy and Catherine Parker, both of whom were affiliated with AdSurfDaily, which the U.S. Secret Service alleged was a Ponzi scheme that had gathered at least $110 million. Hoy, at least, also was affiliated with an ASD knockoff known as AdViewGlobal.
In April, federal prosecutors in the District of Columbia said they’d tied ASD President Andy Bowdoin to AdViewGlobal. Bowdoin, 77, pleaded guilty to wire fraud last month after being charged criminally in 2010 for his role in the ASD Ponzi scheme. As part of a plea agreement, Bowdoin has been banned from MLM, Internet programs and mass marketing.
Although the story below does not report on the Zeek claims that Hoy and Parker are Zeek employees, a link on the Zeek subdomain leads to a page in which “Catherine Parker” is responding to Zeek customer-service issues, including one titled, “TO BE PAID FOR OUTSTANDING AUCTION WINNINGS, POST HERE.” Within the customer-service thread is a post from an individual who claimed to have won an April 12, 2012, Zeekler auction for $100 in U.S. cash with a winning bid of $16.28 — but never received his money. Other posters also claimed not to have been paid . . .
UPDATED 5:27 P.M. EDT (U.S.A.) A detailed post from December 2011 on an affiliate Blog that publishes information in German and English instructs affiliates of the Zeek Rewards MLM “program” how to wire funds to Zeek and have them deposited in its account at NewBridge Bank in North Carolina. The Blog, which targets senior citizens, is hosted on Google’s free Blogspot platform at a subdomain styled “getlucky2011.”
Zeek announced suddenly last week that it was ending its relationship with NewBridge. It also announced it was ending its relationship with BB&T, a second bank based in North Carolina. Zeek plants the seed that affiliates can earn a return of between 1 percent and 2 percent a day, but the “program” insists it is not offering an investment opportunity.
Included on the same affiliate Blog are multiple pitches for JSS Tripler/JustBeenPaid, a “program” purportedly operated by Frederick Mann that does not disclose its base of operations, may have ties to the “sovereign citizens” movement and advertises a return of 60 percent a month. The deck of the Blog, which includes a Zeek affiliate link in the right sidebar, features these words (bolding added):
“Indefinitely sustainable second income seniors earn independent living, plan their retirement, meet seniors assisted living, meet seniors online, secure your pension, look for retirement services and retirement benefits”
The post provides a glimpse into how U.S. banks could come into possession of funds tainted by fraud as the funds circulate between and among various HYIP programs advertised online. Research by the PP Blog shows that NewBridge also was one of the banks that handled the business of a bizarre MLM “program” known as “Narc That Car” that effectively collapsed in 2010 after the Better Business Bureau raised pyramid-scheme concerns and American television stations and investigative reporters turned their sights on Narc.
How Narc, a Texas-based company that used at least two names and at least two banks when issuing checks to members, ended up using NewBridge in North Carolina as one of its banks is unclear. Narc issued checks under the names of Narc Technologies Inc. and National Automotive Record Centre Inc. The entity later became known by a third name: Crowd Sourcing International.
National Automotive Record Centre Inc., Narc’s purported parent company, is listed in Nevada records as a corporation in “default.” Zeek’s purported parent company, Rex Venture Group LLC, also is registered in Nevada. Like Narc, Rex has scored an “F” from the BBB. (See Rex listing. See Narc listing.)
Like Zeek, Narc relied on a company known as USHBB Inc. to produce video sales pitches for its opportunity. USHBB is based in Indianapolis. Among its listed officers is OH Brown of Mount Pleasant, S.C. Brown hosted this May 2012 call for the Zeek “program” and also is listed on Zeek’s website as a Zeek “employee” who simultaneously holds the title “Official Rep.” Whether Brown receives compensation from Zeek while also serving as the vice president of USHBB is unclear.
On March 15, 2010, the PP Blog published a story that reported that a video USHBB produced for the Narc “program” asserted that some affiliates were earning more money than the President of the United States.
As part of its reporting on Narc, the PP Blog visited a USHBB website in 2010 that claimed the company had done promotional work for MLM teams and companies such as Ad Surf Daily, AdGateWorld, BizAdSplash, Ad-ventures4U, TVI Express and Global Verge/Buzzirk Mobile. Virtually all of the enterprises listed were associated with get-rich-quick schemes or HYIP autosurfs. Some of the “programs” later went missing from the web or were accused of fraud.
Frederick Mann of JSS Tripler/JustBeenPaid was a promoter of both AdSurfDaily and Ad-ventures4U, according to records. Clarence Busby, a onetime business partner of ASD’s Andy Bowdoin, was the purported chief consultant and operator of BizAdSplash, an autosurf that vanished mysteriously in 2010. Erma Seabaugh, ASD’s purported “Web Room Lady,” also was affiliated with Ad-ventures4U.
On March 2, 2010, the PP Blog reported that a Narc affiliate known as “Jah” was seeking to drive business to Narc by producing his own videos and posting them on YouTube. “Jah’s” videos featured check-waving as a form of social proof that Narc “paid.” One of the videos, which later was removed, showed a Narc check drawn on NewBridge. Another “Jah” video that still appears online shows that Narc also had an account at a second bank.
“Jah” compared repping for Narc to working for the U.S. Census Bureau.
Some of “Jah’s” check-waving videos later were hidden from public view. Jah, however, was not the sole Narc affiliate to produce check-waving videos in which checks from NewBridge were displayed. Though Narc appears to be long gone, the PP Blog observed a video today on YouTube in which the name of NewBridge flashed on the screen.
Zeek has not provided specifics about why it ended its relationship with NewBridge.
Among the assertions on the German/English Blog that was targeting senior citizens and promoting both Zeek and JSS/Tripler/JustBeenPaid was that “SolidTrustPay is one of the worlds most trusted e-wallet providers.”
SolidTrustPay is a Canada-based payment processor that is handling business for both Zeek and JSS Tripler/JustBeenPaid.
The PP Blog reported on June 2 that JSS/JBP also was being promoted on a race-baiting and Catholic-bashing site known as VaticanAssassins. The VaticanAssassins site, among other things, asserts that ““Majority Savage Blacks were never taught to behave in civil White Protestant culture and thus have been released upon us Reformation Bible-believing Whites to further destroy our once White Protestant and Baptist American culture founded upon the Reformation’s AV1611 English Bible and a White Protestant Presbyterian Constitution with its attached White Baptist-Calvinist Bill of Rights.”
BULLETIN: A Florida jury found that TD Bank assisted now-disbarred and imprisoned attorney Scott Rothstein in his epic Ponzi scheme and has found the bank liable for $67 million in damages.
The victorious attorney in the civil case is David S. Mandel, who represented the plaintiffs against the bank.
If Mandel’s name seems familiar to PP Blog readers, it’s because he also is the court-appointed receiver in the Commodities Online LLC fraud case brought by the SEC last year.
Separately, a company known as SSH2 Acquisitions Inc. had sued Commodities Online figure James C. Howard III on Sept. 15, 2010, alleging that Howard and others were running a massive Ponzi scheme into which SSH2 had plowed $39 million.
Records in Nevada show that former AdSurfDaily member and “Surf’s Up” forum moderator Terralynn Hoy was a “director” of SSH2.
Hoy has not been accused of wrongdoing.
The private lawsuit against Howard and the others became notable because of the clashing images: Although SSH2 was complaining about the alleged Ponzi scheme directed at it by Howard and others, it was doing so in the months after Hoy had helped lead cheers on Surf’s Up for accused ASD Ponzi schemer Andy Bowdoin, who was implicated by the U.S. Secret Service in an alleged Ponzi scheme even larger than Howard’s alleged scheme. Hoy also was a moderator on a forum that supported AdViewGlobal, an autosurf that vanished mysteriously in June 2009.
Now defunct, Surf’s Up was known for unapologetic, unabashed cheerleading for Bowdoin, whom federal prosecutors said had swindled investors in Alabama in a previous securities caper during the 1990s and took in at least $110 million through ASD. Clarence Busby, an alleged business partner of Bowdoin and the operator of the Golden Panda Ad Builder autosurf, swindled investors in three prime-bank schemes in the 1990s, according to the SEC.
More than $14 million linked to Golden Panda was seized as part of the ASD case — and yet the cheerleading for autosurf schemes continued on Surf’s Up. The forum labeled ASD pro-se litigant Curtis Richmond a “hero” after he accused the judge and prosecutors of crimes in 2009.
BULLETIN: David S. Mandel, the receiver in the alleged Commodities Online LLC Ponzi and fraud scheme, has sued four Florida residents and is demanding more than $9 million.
Named defendants in U.S. District Court in the Southern District of Florida are James C. Howard III of Parkland; Louis N. Gallo III of Parkland; Martin Vegas of North Bay Village; and George Saliba, also known as George Saliva, of Parkland.
“From January 26, 2010 until April 1, 2011, Howard and Gallo operated and controlled a Ponzi Scheme designed to defraud investors that allowed Howard, Gallo and their confederates to steal and misappropriate investor funds,” Mandel alleged in the lawsuit.
“Howard and Gallo, in running the Ponzi Scheme, regularly made transfers of Commodities Online funds from one related entity to another with no business purpose other than to make the Ponzi Scheme more difficult to detect and assist in conveying the appearance of a profitable business to investors,” Mandel alleged.
Howard controlled Florida firms known as Sutton Capital LLC and J&W Trading LLC, Mandel alleged. Meanwhile, Gallo controlled Florida firms known as Minjo Corp. and American Financial Solutions LLC, according to the lawsuit.
Four “related entities involved in the inter-company transfers utilized in the Ponzi scheme” were identified by Mandel as:
SSH2 Acquisitions Inc, controlled by nondefendant Michael Palermo.
Rapallo Investment Group LLC, controlled by non-defendant Patricia Saa.
Minerales Mexiron LLC, a Florida firm controlled by defendant George Saliba.
Minerales Mexico Iron SACV Inc., another Florida company controlled by Saliba.
Former AdSurfDaily member and Surf’s Up moderator Terralynn Hoy is listed in Nevada records as a “director” of SSH2. She has not been accused of wrongdoing. SSH2 sued Howard and others in 2010, in a case that alleged it was a victim of a Ponzi scheme.
On two dates in February 2010, Mandel alleged, Howard “wrongfully converted” more than $1.74 million my moving it from Commodities Online to Sutton Capital and JW Trading.
In March 2010 and April 2010, according to Mandel, Howard caused Commodities Online to “lend” more than $320,000 to yet another entity: Pisces Trading Inc.
“Howard thereafter directed Pisces Trading, Inc. to repay these loaned Commodities Online funds to his wholly owned and controlled entity, J&W Trading, thereby converting the Commodities Online funds to his own benefit and use,” Mandel alleged.
From March 2010 to March 2011, “Gallo converted $413,143 of Commodities Online funds to his own use and benefit by causing net funds to be transferred to his wholly owned and controlled entity, American Financial,” Mandel alleged.
Between May 2010 and March 2011, according to the lawsuit, “Gallo converted $1,767,870 of Commodities Online funds to his own use and benefit by causing net funds in that amount transferred to his wholly owned and controlled entity, Minjo.
In March 2011, according to the lawsuit, Gallo also “converted $360,000 of Commodities Online funds to his own use and benefit by causing those funds to be wired to Minerales Yacimientos y Reservas in Mexico, which the Receiver is advised is a fictitious company.”
Still moving money in March 2011, Gallo “converted $226,200 of Commodities Online funds to his own use and benefit by causing those funds to be wired to Terracerias y Pavimentos in Mexico” — plus the following sums and destinations:
$40,044 to Jorge Ortega Balderas in Mexico.
$700,000 to Diego Diaz Ceballos Torre in Mexico.
$625,000 to Grupo Minero Leecota in Mexico.
$150,000 to Franscisco Javier Ortiz Gonzalez in Mexico.
In a separate filing, Mandel said that the process of determining whether Commodities Online had any iron holdings in Mexico had proven difficult, but that investigators now believe that there is “no recoverable iron ore in Mexico.”
What happened to the money in Mexico is unclear. In April 2011, the SEC alleged that about $3.8 million funds linked to Commodities Online flowed to Mexico and the Netherlands as the agency was issuing subpoenas in the emerging fraud case in March 2011.
The transfers were “extremely suspicious,” the agency said in April.
“Howard, Gallo, and Vegas breached their fiduciary duty to Commodities Online and its investors by personally stealing and misappropriating Commodities Online funds, allowing coconspirators to steal and misappropriate those funds, and dissipating almost $3 million through imprudent transfers of Commodities Online funds to Mexico without adequate controls and documentation to insure the company’s assets and funds,” Mandel alleged in the lawsuit.
Money continued to flow to Mexico even after Commodities Online retained attorney James Sallah in March 2011 and Sallah “counseled management of Commodities Online to discontinue all solicitations of new investor money, to freeze all existing company assets and otherwise cooperate with the Securities and Exchange Commission,” according to Mandel’s lawsuit.
“Contrary to Mr. Sallah’s advice, defendants Howard, Gallo and Vegas, in disregard of their fiduciary duties to Commodities Online and its investors, continued to authorize wire transfers of Commodities Online funds to various accounts in Mexico where the funds became untraceable and defendants could re-divert the proceeds of the wire transfers to their personal use and benefit,” according to the lawsuit
Vegas, according to Mandel, “converted $631,264 of Commodities Online funds to his personal use and benefit by causing those net funds to be paid out to him for no consideration.”
Saliba, according to the lawsuit, “controlled” Minerales and Mexiron and “converted $2,089,368 of Commodities Online funds to his own use and benefit” between May 2010 and November 2010.
Combined with corporation records and documents such as news releases, this post on the MoneyMakerGroup Ponzi forum raises questions about whether AdViewGlobal, an autosurf with close ties to AdSurfDaily, was part of an elaborate penny-stock scheme and money-laundering conduit that consumed the EWalletPlus payment processor and left AVG members holding the bag.
EDITOR’S NOTE: Longtime readers of the PP Blog will recall that the purported AdSurfDaily (ASD) spinoff known as AdViewGlobal (AVG) and some of its members engaged in particularly bizarre behavior in May 2009. The absurdities included announcing (and then unannouncing) a puported deal with a new offshore wire facilitator, announcing (and then unannouncing) a new website with purported new services and claiming the upstart company was healthy enough not only to pay out 250 percent matching bonuses to members and 200 percent matching bonuses to recruiters, but also to pay out multilevel downline commissions and purported surfing income of up to 8 percent a day.
Just two months earlier — in March 2009 — AVG suddenly announced its account at an unspecified bank had been suspended and that its chief executive officer had resigned. The firm bizarrely added that CEO Gary Talbert would not leave the company altogether. Rather, Talbert would remain in the accounting department.
Just a month earlier, Talbert, also a former ASD executive, had been introduced in an AVG conference call by Terralynn Hoy, an ASD member and moderator of the pro-ASD Surf’s Up forum and an emerging forum for the AVG autosurf. The introduction occurred in February 2009 after weeks of assertions by AVG that there were no ties between itself and ASD. The introduction was preceded by a bizarre announcement in late January of 2009 by AVG that the appearance of its graphics on an ASD-controlled webroom was an “operational coincidence.” The person making that announcement on AVG’s behalf was Chuck Osmin, a former ASD employee.
AVG’s websites ultimately disappeared. Members claimed AVG was owned by George and Judy Harris, and at least one of the AVG websites identified George Harris as an AVG trustee. George Harris, described in court filings as the head of ASD’s purported real-estate division, is the stepson of Andy Bowdoin and the son of Bowdoin’s wife, Edna Faye Bowdoin.
It later proved to be the case that May 2009 — the same month in which AVG was reimagining itself as one of the world’s leading advertising and communications firms while at once announcing and unannouncing key bits of purported news — was the same month the grand jury that indicted ASD President Andy Bowdoin had convened.
The PP Blog is reporting today that records strongly suggest AVG was a cog in a larger fraud — one that somehow married the AVG autosurf to a penny-stock scheme with a purported arm in the “oil” businesses and a branch that owned an Arizona payment processor known as EWalletPlus that later collapsed.
Here, now, our Special Report . . .
Is stock manipulation in multiple venues part of the bigger picture of the AdSurfDaily Ponzi scheme? Out of the clear blue sky in the fall of 2008 — as ASD awaited a critical court ruling in the Ponzi forfeiture case against the assets of President Andy Bowdoin — ASD claimed it expected a $200 million revenue infusion from Praebius Communications, a penny-stock firm that did not disclose audited sales figures.
But the Praebius announcement, which ASD later withdrew without explaining why, may not be the firm’s only tie to a penny-stock company.
A May 2009 post on the MoneyMakerGroup Ponzi forum is adding to lingering questions about whether AdViewGlobal — an autosurf with close ties to ASD — was part of an elaborate penny-stock scheme and money-laundering conduit involving multiple companies, domestic and offshore venues and individuals with ties to ASD.
On May 5, 2009, a MoneyMakerGroup poster who used the handle of “IMCanadian” claimed he (or she) had received autosurfing payouts totaling $1,300 from AdViewGlobal (AVG) on unspecified dates. The payments, according to the post, were routed through SolidTrustPay (STP), a Canadian payment processor.
The MoneyMakerGroup post potentially provides a glimpse into how fraudulent securities businesses may layer themselves to confuse both investors and authorities. The post cites two different email addresses as the sources of STP payments from the AVG scheme. Although the email addresses purportedly were used by AVG to cause STP to issue AVG autosurf payouts, neither of the addresses used a domain name owned by AVG. Instead, they used Yahoo and Gmail addresses.
AVG, according to records, could have chosen to use email addresses that corresponded to its own domain names. The firm owned at least two namesake domains before it suspended member cashouts in June 2009: ADVGlobal.com and AdViewGlobal.com.
But relying on free email providers such as Yahoo and Google was not the sole oddity associated with AVG, a firm an early promoter predicted would become a “1 Billion Dollar Company [before the] end of 2009.”
“Most if not all of your leaders are joining,” the promoter flatly counseled on a forum known as FreeLunchRoom on Dec. 23, 2008, two days before Christmas.
The MoneyMakerGroup posts that followed cited not only the Yahoo and Gmail payout addresses, but also two different STP usernames from which AVG payouts to “IMCanadian” purportedly originated. Absent in both usernames was any reference to AVG itself.
Like AVG, ASD also used STP, according to records. In August 2008, the U.S. Secret Service alleged that ASD had wired “several million dollars” to STP just prior to the seizure of tens of millions of dollars from the personal bank accounts of ASD President Andy Bowdoin.
A payment of $200 for AdViewGlobal earnings was received through STP from an STP user who used the acronym “avg” as part of a yahoo.com email address, but did not use an AVG domain, according to the MoneyMakerGroup post. The STP username linked to the AVG payout was “karveck,” not AdViewGlobal or AVG, according to the post.
An AVG payment for $1,100, meanwhile, had come from an STP member who used the words “tmscorp” and “usa” — along with the abbreviation “llc” as part of a Gmail address, according to the post. The STP username for the payout was “tmscorp,” not AdViewGlobal or AVG, according to the post.
Ten days after the claims appeared on MoneyMakerGroup, the grand jury that indicted ASD President Andy Bowdoin in the District of Columbia was sworn in, according to records. The swearing in occurred just 11 days after the Obama administration announced a crackdown on offshore fraud schemes. On the same day Obama himself spoke about the crackdown — May 4, 2009 — AVG announced it had secured a new offshore wire facilitator in the aftermath of the purported suspension of AVG’s bank account in March 2009. Research by the PP Blog suggests that AVG sought to route money to itself by using a Florida shell company that had sought the services of an offshore firm later banned by the National Futures Association.
The seal on the Bowdoin indictment was lifted on Nov. 23, 2010, during a period in which some ASD members were discouraging others from filing remissions claims in the ASD forfeiture case brought by federal prosecutors and the U.S. Secret Service in August 2008.
Bowdoin was arrested in Florida on Dec. 1, 2010. He faces an upcoming trial on allegations of wire fraud, securities fraud and selling unregistered securities for his operation of ASD. AVG’s name does not appear in the indictment.
The Operative Word: ‘Murky’
Much remains murky about the degree of connectivity among ASD, AVG, STP, Karveck, TMS Corp and EWalletPlus. It is known that ASD and AVG had members and promoters in common. Both firms used STP to process payments, but it remains far from clear how many STP accounts the companies and their executives or insiders controlled and how much money generated in the ASD scheme remained in offshore accounts that later could be tapped to channel money to AVG.
ASD and AVG are known to have turned to members and moderators of the now-defunct Surf’s Up forum to sanitize the respective schemes. The surf firms, according to AVG, also shared at least two of the same employees: Chuck Osmin and Gary Talbert.
Some ASD members have claimed Bowdoin was a silent partner in AVG and fronted the money to acquire EWalletPlus, AVG’s purported in-house payment processor. If the assertion that Bowdoin provided money to buy EWalletPlus is true, it may mean that the deal was heavily layered to shield Bowdoin from being identified as the funding source and that AVG had more than one silent partner.
Karveck and TMS Corp used multiple versions of their names, a potential indicator of money-laundering — i.e., a bid to dupe banks into warehousing fraud-scheme proceeds. Karveck, for example, has been referred to as just plain Karveck, but also Karveck International. Records show that at least three versions of the TMS Corp. name exist: TMS Corp., TMS Association and TMS Corp. USA LLC.
TMS Corp. USA LLC is listed in Nevada and Arizona records as using ASD’s address in Quincy, Fla. Its manager is listed as Talbert, the former executive at both ASD and AVG.
Each of the TMS firms appears to have a tie to EWalletPlus, which once shared the same server in Panama with AVG. Despite serving pages from Panama, AVG purported to be based in Uruguay and to enjoy U.S. Constitutional protections even though it was operating offshore. Making the situation even murkier is that a penny-stock company known as Vana Blue Inc. claimed in 2008 to own TMS Corp., the parent company of the EWalletPlus web portal, and to have have acquired Karveck International in February 2009.
The claims came in the form of news releases — and news releases are common tools in penny-stock frauds.
AVG formally launched in February 2009, a year after VanaBlue claimed ownership in a news release of TMS Corp. and EWalletPlus and months after the seizure of Bowdoin’s assets in August 2008. Prior to the seizure, Bowdoin ventured to Costa Rica and Panama, according to court filings by the Secret Service.
The purpose of the Bowdoin trip, according to the Secret Service, was to to incorporate ASD Cash Generator — a replacement autosurf for a Bowdoin surf that had collapsed in 2007 — and an entity known known as La Sorta Trading outside of U.S. jurisdiction. The agency made the claim on Feb. 26, 2009, less than a month after the formal launch of AVG and during the same period in which AVG reportedly had met with a convicted securities felon and announced the formation of a purported offshore “private association.”
Also in February 2009, Vana Blue declared Karveck International a “newly acquired asset” that had produced $1.8 million in revenue in January 2009. Karveck was described as a company that “specializes in internet advertising and promotion in a search engine and ad clicking type environment.”
Mysteriously, however, VanaBlue disowned Karveck International just six months later — in August 2009. What Vana Blue initially had described in February as a completed acquisition of Karveck International was redescribed in August as deal that had fallen through as a result of “further due diligence.”
“Vana Blue was unable to complete this transaction but is in the final stages of negotiation with an oil company to continue its plans of acquisitions,” Vana Blue claimed on Aug. 17, 2009.
During the month of August 2009, ASD’s Bowdoin announced in court filings that he was “negotiating” with federal prosecutors. The August 2009 negotiations, which collapsed by mid-September of the same year, marked at least the second time that Bowdoin or his legal team claimed that the ASD patriarch was seeking to find a way to settle the ASD forfeiture case.
Bowdoin’s negotiations pleading appeared on the docket of U.S. District Judge Rosemary Collyer on Aug. 4, 2009. Thirteen days later — on Aug. 17, 2009 — Vana Blue announced on Business Wire that its acquisition of Karveck International — a deal it described in February 2009 as completed — had fallen through.
Vana Blue claimed in the same announcement it was proceeding on a deal for an oil company despite its sudden loss of Karveck International.
Earlier this year, a source told the PP Blog that she provided $5,000 to her sponsor — and that the sponsor converted her money to cashier’s checks made payable to TMS Association, one of the “TMS” companies records suggest was tied to both AVG and EWalletPlus. The woman told the Blog that she believed she was a victim of the ASD scheme.
On Dec. 21 2010, just 20 days after Bowdoin was indicted, an email that appeared to have originated with an AVG member began to circulate among ASD members.
The email accused members of ASD who were participating in the remissions program established by the Justice Department and the Secret Service of signing their “morals and soul away” and supporting “innocent peoples lives being destroyed.”
In a possible bid to intimidate ASD members, the email further claimed that an unspecified “back lash” would occur against any ASD member who participated in the claims program.
Last month ASD members who filed approved claims forms received back 100 percent of the money they had directed at ASD. The remissions payments were funded by money seized by the Secret Service in the ASD Ponzi case.
Although its is believed the government also has opened a probe into the affairs of AVG, prosecutors have made only veiled references to AVG in court filings in the ASD case.
BULLETIN: A federal judge in Florida who says she was accused of “abusing” her discretion and “trampling” the Constitutional rights of a man implicated in an alleged multimillion-dollar commodities fraud by the SEC has ordered the defense attorney who made the assertions to explain himself and substantiate claims that his client had been denied due process.
U.S. District Judge Patricia A. Seitz ordered attorney Horecia I. Walker to respond in writing no later than Sept. 9 and explain what kind of investigation he conducted prior to asserting that James Clark Howard III and his counsel present at an Aug. 23 evidentiary hearing did not have adequate time to prepare for the hearing.
Howard, who appeared at the hearing, was represented at the hearing by attorney Mark C. Perry, according to records. Both Howard and Perry had 11 days to prepare for the hearing, Seitz wrote.
In an order issued on the same day as the hearing, Seitz directed Howard and Sutton Capital LLC to turn over $1.45 million to attorney David S. Mandel, the court-appointed receiver in the Commodites Online LLC fraud case filed in April by the SEC.
Seitz gave Howard and Sutton, another firm associated with Howard, until yesterday to turn over the money. It was not immediately clear if either party complied with the order.
What is clear is that Seitz was not amused by an emergency motion filed by Walker on behalf of Howard and Sutton to stay the Aug. 23 order to turn over the money pending an appeal of the order.
“Walker has accused this Court of trampling Howard’s constitutional rights and abusing its discretion in entering the turnover Order,” Seitz wrote. “The factual underpinnings for these accusations are that Howard and Perry had insufficient time to prepare for the August 23, 2011, hearing. To avoid running afoul of Rule 11, Walker should have investigated these factual circumstances before relying on them to accuse the Court of a constitutional affront.”
The judge added that “it appears to the Court that no such investigation occurred.”
Seitz took issue with Walker’s characterization of the Aug. 23 hearing as an “apparent ‘evidentiary hearing,’” according to an order she issued yesterday denying the stay.
“Walker posits that the hearing ‘was not an evidentiary hearing at all’ and the Court’s Order requiring disgorgement amounts to an abuse of discretion,” Seitz wrote. “Lost in all of his hyperbole is the simple fact that Howard and Perry received notice of the hearing eleven days before the hearing commenced.”
Neither Howard nor Perry asked for a continuance, Seitz wrote.
The Commodities Online case has a link to the AdSurfDaily Ponzi scheme case brought by the U.S. Secret Service in August 2008.
SSH2 Acquistions, a Nevada company that listed former ASD member and pro-ASD Surf’s Up moderator Terralynn Hoy as a director, sued Howard and others in September 2010 amid allegations he was part of a massive Ponzi scheme into which SSH2 had plowed $39 million. The lawsuit was filed about six months after the Boca Raton Police Department filed felony charges against Howard in an alleged financial scam that targeted Haitian Americans.
Surf’s Up was a cheerleading site for ASD, and Hoy later became a moderator of a cheerleading forum for the collapsed AdViewGlobal (AVG) autosurf.
While SSH2 claims to be a Ponzi victim of Howard, the Surf’s Up and AdViewGlobal forums both claimed that ASD and AVG were conducting legitimate commerce. With Hoy as a moderator of Surf’s Up, the forum conducted an October 2008 online party complete with images of champagne and fireworks for ASD President Andy Bowdoin.
The U.S. Secret Service described Bowdoin as an international Ponzi schemer and recidivist felon who’d gathered tens of millions of dollars in the ASD caper — most of it in ASD’s final weeks of life in the late spring and summer of 2008. At least $65.8 million was seized from Bowdoin’s 10 personal bank accounts, according to court records. One account alone contained more than $31.6 million. Three accounts contained the exact same amount: $1,000,338.91.
It is unclear if ASD members beyond Hoy had any business ties to Howard and invested any money with the accused schemer. Hoy has not been accused of wrongdoing.
SSH2 said in court filings that it plowed $39 million into the alleged Howard scheme, and received back about $19 million in “fake and fraudulent ‘profits.’” Sutton, Rapallo Investment Group LLC and Patricia Saa also were named defendants in SSH2’s lawsuit.
Howard was sentenced to 57 months in federal prison in the 1990s on narcotics and weapons charges, according to records. ASD’s Bowdoin, meanwhile, narrowly avoided jail time during the same decade when he was implicated in Alabama in a securities swindle, according to records.
Clarence Busby Jr., one of Bowdoin’s alleged business partners, was implicated by the SEC during the 1990s in three prime-bank schemes, according to records.
Some ASD members have been identified as members of the so-called “sovereign citizens” movement. Cheerleading for Bowdoin and ASD continued on the Surf’s Up forum even after it was revealed that Curtis Richmond, one of the purported “sovereign” beings associated with ASD, had a contempt-of-court conviction for threatening federal judges in California and once claimed a federal judge from Oklahoma sitting by special designation in Utah owed him $30 million.
Richmond was a member of the so-called “Arby’s Indians,” an “Indian” tribe that targeted public officials with vexatious litigation. U.S. District Judge Stephen Friot ruled the “tribe” a complete sham.
U.S. District Judge Rosemary Collyer of the District of Columbia is presiding over the ASD Ponzi case. Both Richmond and Bowdoin tried unsuccessfully to have her removed from the case. Richmond accused Collyer of “TREASON” and claimed she may be guilty of 60 or more felonies.
