Author: PatrickPretty.com

  • BULLETIN: ‘Genesis Fund’ Operator John S. Lipton Gets 70 Months In Prison; ‘Offshore’ Forex Scheme Presaged Frauds, Lengthy Global Probes To Come

    UPDATED 2:18 P.M. EDT (U.S.A.) John S. Lipton, an alleged founding member and principal manager of the Genesis Fund Forex Ponzi scheme, has been sentenced to 70 months in federal prison for conspiracy to defraud the United States and tax evasion.

    The Genesis Fund scheme traces its roots at least to 1994 and presaged Forex, HYIP, and autosurf  fraud investigations to come. Indictments were handed up more than five years ago — in May 2005 — and the United States worked with the government of Costa Rica to arrest and extradite some of the defendants.

    Prosecutors said the offshore arrests were coordinated by State Department’s Bureau of Diplomatic Security at the U.S. Embassy in San Jose, Costa Rica, which worked with the IRS attache in Mexico City, the Costa Rican Judicial Police and Interpol.

    Lipton’s prosecution — and the guilty pleas of some codefendants and continuing litigation against others — lay to waste various theories on HYIP Ponzi boards that the U.S. government is powerless to act against offshore schemes and that purveyors of “private” investment opportunities cannot be prosecuted. Part of the scheme featured instructions to participants  “to create nominee offshore corporations and bank accounts to receive distributions from the fund,” prosecutors said.

    Nine people were indicted in the scheme, including Richard B. Leonard. Leonard, who was 71 when arrested in 2005 along with Lipton in Costa Rica, was described as a “promoter” and early investor in the scheme.

    Leonard has pleaded guility to his role in the scheme, as has Teresa R. Vogt, who was 51 when indicted. Vogt was an “administrator” for the scheme and worked out of her California home, prosecutors said.

    Prosecutors said the scheme started in the United States before morphing into an offshore fraud. Genesis Fund allegedly gathered more than $80 million.

    “[T]o obscure the operations of the fund and to limit scrutiny of its operations by investors and the government, the defendants caused the Genesis Fund to maintain no financial statements or other statements of operation,” prosecutors said.

    In April 2000, “Genesis Fund’s administrative operations were relocated from Anaheim, Calif., to Costa Rica,” prosecutors said. “At about the same time, paper records were moved to Costa Rica and electronic data on computers was destroyed.”

    Genesis Fund purported to have “no reporting obligations to the IRS,” prosecutors said. “Bank accounts in the names of trusts and offshore bank accounts were allegedly used to receive distributions from the Genesis Fund that were not reported to the IRS.”

    Prosecutors said “Lipton admitted that he used, and conspired with others to use, foreign trusts, corporations, and bank accounts, to receive distributions from the Genesis Fund and did not report these distributions to the IRS.

    He also “admitted that he directed the transfer of approximately 19 boxes of Genesis Fund documents to Costa Rica, rather than turn them over in response to a grand jury subpoena,” prosecutors said.

    It is common for HYIP and autosurf fraud schemes to claim the ventures are “offshore” and therefore “safe” from prosecution. Some purported HYIP “experts” have repeatedly urged domestic operators to move schemes offshore for the presumptive safety blanket such schemes enjoy.

    Genesis Fund promised investors a return of 4 percent per month, prosecutors said.

    As part of his sentence, Lipton was ordered to pay the IRS nearly $3 million in restitution.

    Trials for four defendants who pleaded not guilty are set for next year. Investigators said they followed the money trail all over the world. Separate trials for the Ponzi aspect of the case also are set for next year.

    “The Genesis fund, [which] operated as a Ponzi scheme, led IRS agents on a financial trail from the Caribbean to Hong Kong to Costa Rica and numerous other offshore locations around the world,” Victor S O. Song, chief of the IRS Criminal Investigation Unit, said in April.

    “This signals the new era of solving global financial fraud — the veil of offshore secrecy has been lifted and the IRS will do what is necessary to expand international cooperation to obtain financial evidence,” Song said.

    Genesis ceased paying investors in June 2002, just weeks after claiming the fund was worth $1.3 billion. Investors then “were allegedly lulled into believing that their investments would be recovered through a new investment plan,” prosecutors said.

    It is common for investment fraud schemes to suspend payouts and then claim a new program will emerge to replace a failed one.

    In August 2009, Victor Preston, another defendant in the case, pleaded guilty. Preston, 64 at the time of the indictment in 2005, is an attorney.

    Read more on the indictments in the Genesis Fund case.

  • BULLETIN: DO NOT INGEST: ‘Miracle Mineral Solution,’ Also Known As ‘Miracle Mineral Supplement’ Or ‘MMS,’ Produces ‘Industrial Bleach’ And Causes ‘Serious Harm,’ FDA Says

    “Serious harm,” including “life-threatening low blood pressure,” may come to consumers who drink “Miracle Mineral Solution” (MMS), an “an oral liquid also known as “Miracle Mineral Supplement,” the U.S. Food and Drug Administration warned.

    The FDA warned consumers to “stop using it immediately and throw it away.” The product is being marketed online.

    When used as directed, the product “produces an industrial bleach that can cause serious harm to health,” the agency said.

    “Multiple independent distributors” are selling the product online, the agency said, noting that the packaging may vary.

    “The FDA has received several reports of health injuries from consumers using this product, including severe nausea, vomiting, and life-threatening low blood pressure from dehydration,” the agency said.

    Consumers are instructed “to mix the 28 percent sodium chlorite solution with an acid such as citrus juice,” the agency said. “This mixture produces chlorine dioxide, a potent bleach used for stripping textiles and industrial water treatment. High oral doses of this bleach, such as those recommended in the labeling, can cause nausea, vomiting, diarrhea, and symptoms of severe dehydration.”

    “MMS claims to treat multiple unrelated diseases, including HIV, hepatitis, the H1N1 flu virus, common colds, acne, cancer, and other conditions,” the agency said. “The FDA is not aware of any research that MMS is effective in treating any of these conditions. MMS also poses a significant health risk to consumers who may choose to use this product for self-treatment instead of seeking FDA-approved treatments for these conditions.”

    The FDA said it is continuing “to investigate and may pursue civil or criminal enforcement actions as appropriate to protect the public from this potentially dangerous product.”

    Read the FDA warning on MMS.

  • MORE BAD NEWS FOR PONZI PURVEYORS: Upstart Ponzi Operator Sued By SEC After Assists From FINRA, Texas State Securities Board, Agency Says; Gregory Todd Froning Confronts Civil, Administrative Actions

    EDITOR’S NOTE: Online HYIP and autosurf purveyors and their fellow “mini-Madoffs” may find the brick-and-mortar case of Gregory Todd Froning at once unsettling and instructive. In yet-another development apt to create unease in the HYIP and autosurf Ponzi worlds, a new court action by the SEC demonstrates that even “small” operators in the universe of Ponzi fraud may find their names on a court docket or named respondents in an administrative action — or both.

    Here, now, the story about the allegations against Gregory Todd Froning.

    A Greater Dallas financial adviser has been accused by the SEC of misappropriating more than $800,000 from investors in an upstart Ponzi scheme.

    Gregory Todd Froning, 48, of Coppell, Texas, was accused yesterday of placing investors funds in a “personal bank account” and using them to make Ponzi payments, withdraw cash, make online purchases and buy groceries, meals and unspecified “adult entertainment.”

    The SEC filed a lawsuit against Froning that seeks the return of ill-gotten gains from the alleged scheme, which involved the sale of “promissory notes” for Wealth Planning Partners LLC. The agency said it was assisted in the probe by the Financial Industry Regulatory Authority (FINRA) and the the Texas State Securities Board.

    Froning also faces an administrative action by the SEC.

    Investigators said Wealth Planning Partners was a “now-defunct financial planning company” operated by Froning.

    “Froning never disclosed that he was using funds in this fashion and has never repaid a single promissory note,” the SEC said. “Further, Froning never disclosed to investors that Wealth Planning Partners had no significant business and was essentially worthless.”

    Investors were denied information critical to making an informed investment decision, the SEC alleged.

    Indeed, the agency alleged, Froning did not disclose that “his own financial condition was extremely precarious due, in part, to pending IRS liens.”

    Froning, who neither admitted nor denied the lawsuit allegations, has consented to a permanent injunction. He already has “agreed to an administrative order barring him from future association with any broker, dealer, or investment adviser,” the SEC said.

    Lack of disclosure is a common element in both brick-and-mortar and online fraud schemes that promise investors returns or interest payments. Froning’s case demonstrates that such schemes may attract the attention of multiple regulatory agencies and that operators may confront securities litigation on multiple fronts.

    Despite claims on Ponzi HYIP and autosurf forums that promoters have conducted “due diligence” on operators and that “payments” received from the operators are “proof” that no Ponzi scheme exists, it often is the case that the claims of “due diligence” are false and that “payments” participants received came from other investors and were designed to lull participants into a false sense of comfort to mask the nature of the scheme.

    It also often is the case that claims of “due diligence” can’t pass the giggle test because promoters have no access to legitimate financial statements, repeat lies told by other promoters or rely exclusively on false representations by Ponzi purveyors.

    Froning “diverted investors’ proceeds to a personal bank account and used them both to pay personal expenses and to make Ponzi payments to some investors,” the SEC alleged.

    Like Froning’s purported investment-advisory business, virtually all HYIP and autosurf companies can be viewed as “essentially worthless.” Not only are they insolvent out of the gate, their unfunded liabilities expand rapidly, and operators rely on a shell game to create the illusion of sustainability and legitimate commerce.

    HYIPs and autosurfs are infamous for changing rules on the fly, providing “training” that encourages participants not to withdraw money or withdraw it in small increments as a purported means of maximizing “earnings,” treating liabilities as assets and disappearing with vast sums of money.

    About 15 investors were affected by the alleged Froning brick-and-mortar Ponzi, according to the SEC. Some online Ponzis have mushroomed to gather tens of millions of dollars and have affected tens of thousands of investors, according to court filings.

    The Froning case also turns yet-another online myth on its head: that regulators never bother to investigate “small” Ponzi operators and that small operators don’t have to comply with regulations.

  • Judge Extends Asset Freeze In Matt Gagnon Fraud Case; Issues Order To Preserve Evidence And Require Weekly Financial Report To SEC

    Matt Gagnon of Mazu.com.

    A federal judge has extended the freeze on the assets of a website operator accused by the SEC of shilling for a Ponzi schemer and then trying to extort money from the schemer when the fraud was collapsing.

    Severe restrictions placed on Mazu.com operator Matt Gagnon by U.S. District Judge George Caram Steeh of the Eastern District of Michigan illustrate the financial and legal dangers of using the Internet to promote murky businesses. At the same time, orders issued by Steeh destroy myths advanced on Ponzi forums that website operators are insulated from prosecution and that their business contacts and customers cannot be sucked into a Ponzi probe.

    Demonstrating the life-altering nature of Ponzi schemes and the monumental legal entanglements and inconvenience that flow from such schemes, the judge also ordered Gagnon to submit a “sworn” statement “each Friday” to the SEC. The order requires Gagnon to account for “all funds received” during the week, including funds received “by others on his behalf.”

    Steeh also ordered Gagnon and his “officers, agents, servants, employees, attorneys, nominees, banks, brokers, dealers, financial institutions, and those persons in active concert or participation with any one or more of them” not to destroy evidence.

    Steeh’s order applies to “books, records, documents, correspondence, ledgers, accounts, statements, files, electronically stored information, and other property of or pertaining to the Defendant,” regardless of the location of the information.

    At the same time, the judge ordered expedited discovery in the case and freed up $2,000 for Gagnon “to pay living expenses.”

    Gagnon was accused in May of using his website to pitch the alleged Legisi HYIP Ponzi scheme, which the SEC described as a $72.6 million fraud. The judge’s orders followed on the heels of an awareness campaign by the Financial Industry Regulatory Authority (FINRA) to educate the public about HYIP schemes and the filing of criminal charges by the U.S. Postal Inspection Service against Nicholas Smirnow, accused of operating a $70 million Ponzi HYIP scheme known as Pathway to Prosperity (P2P).

    FINRA issued its HYIP warning on July 15, calling the HYIP universe a “bizarre substratum of the Internet” and saying “HYIPs are old-fashioned Ponzi schemes dressed up for a Web 2.0 world.”

    In May, federal prosecutors declared in court filings in the P2P case that “[a] large percentage, if not all, HYIPs, are Ponzi schemes.” In its HYIP alert, FINRA built on that theme, declaring that “[v]irtually every HYIP we have seen bears hallmarks of fraud” and noting that schemers were using websites, forums and social-media sites such as Twitter and Facebook to spread Ponzi misery globally.

    “From January 2006 through approximately August 2007, Gagnon helped orchestrate a massive Ponzi scheme conducted by Gregory N. McKnight . . . and his company, Legisi Holdings, LLC,” the SEC said.

    “Gagnon promoted Legisi but in doing so misled investors by claiming, among other things, that he had thoroughly researched McKnight and Legisi and had determined Legisi to be a legitimate and safe investment,” the SEC said.

    Among other things, the SEC alleged that Gagnon “had no basis for the claims he made about McKnight and Legisi.

    “Gagnon also failed to disclose to investors that he was to receive 50% of Legisi’s purported ‘profits’ under his agreement with McKnight,” the SEC said. “Gagnon received a net of approximately $3.8 million in Legisi investor funds from McKnight for his participation in the scheme.”

    In its complaint against Gagnon, the SEC alleged he moved from one fraud scheme to the next and even had promoted a scheme operated by the late Bryan K. Foster, a convicted felon. Some of the money from the alleged Legisi Ponzi scheme ended up in the control of Foster, who was running a purported investment program of his own.

    The allegation that proceeds from one fraud scheme ended up as proceeds of a second scheme demonstrates the interconnectivity of schemes in the age of the Internet.

    “Gagnon has been unrelenting in his efforts to raise money from the public through fraudulent, unregistered offerings,” the SEC said in May. “He remains a danger to the investing public.”

    See earlier story titled “Requiem For The Forum Pimps . . .”  The story discusses some of the history of the Legisi Ponzi case.

  • FANTASY POST: President Cuts Short Vacation To Address Nation On ‘Grave Threat To National Economic Security’; Government Targeted With ‘Taunt’ From Purported MLM Operators Amid Sea Of Incongruity; ‘We Have The Power,’ Unnamed ‘Group’ Says

    EDITOR’S NOTE: This is a fantasy post. The “story” below is not real. The PP Blog occasionally presents fantasy posts, parody and satire as a means of advancing the discussion about issues in the world of online crime and marketing schemes.

    BAR HARBOR, Maine (PPBlog) — President Obama abruptly cut short his family vacation here Saturday and returned to Washington aboard Air Force One after being informed that the Federal Trade Commission, the U.S. Secret Service and the FBI had uncovered “a financial fraud that posed an undeniable, grave threat to national economic security.”

    The threat included a multilayered “taunt” aimed at the U.S. government, according to an emergency court affidavit filed in the case. Intelligence analysts are seeking to piece together clues, and federal agents have rushed to a secluded cabin off Interstate 80 in California’s Sierra Nevada mountains, roping off an area of one square mile and calling it a crime scene.

    A separate group of agents rushed to a rented garage in Florida. The agents were scouring it for clues, while yet another group of agents positioned themselves both inside and outside branches of a Florida bank.  Bank officials were summoned from their homes on Saturday afternoon to gather account documentation and stop transactions before they could be completed, and a federal judge signed seizure warrants and an emergency injunction to halt the flow of money in wee hours of Saturday morning.

    It was not immediately clear if the threat originated with a foreign or domestic source. What is clear is that the U.S. government is taking it seriously.

    “The president believes it is credible and intends to ask the American people to do their part to end the reign of nefarious enterprises that are enlisting Americans to do their bidding and putting the security apparatus at risk,” a senior White House official said.

    The White House announced that the president, who hurriedly walked off a golf course after a Secret Service agent was heard saying, “Mr. President, there is a secure call for you and you need to take it now,” asked the broadcast networks for time to address the American people. The president is expected to speak at 9 p.m. EDT.

    Obama’s weekend getaway with his family changed in an instant, according to a pool reporter following the president. The precise nature of the threat was not immediately clear. The pool reporter was the only reporter who witnessed the scene as events unfolded at the golf course. Other reporters traveling with the president were kept in a media bullpen a mile away from the course. A “pool reporter” serves as the eyes and ears of the media when the White House places restrictions on coverage of the president’s public appearances.

    Pool Reporter Describes Opening Moments Of Drama

    The pool reporter, a prominent writer for a golf magazine,  suddenly found himself wearing the hat of a breaking-news reporter covering an emerging, high-stakes political and security drama. The reporter, according to the pool report distributed to news agencies, was following Obama as the president “sized up his options after his golf ball had landed in a greenside bunker after ricocheting off a sprinkler head on the difficult No. 3 hole at Bar Harbor Golf Course.”

    “At 2:12 p.m. Saturday, the president was standing in the bunker with his sand wedge when a Secret Service agent approached him hurriedly from the tree line and sharply asked Obama to step out of the bunker,” the pool reporter noted. “The president immediately complied. The agent then whispered in the president’s ear.

    “Obama could be seen mouthing the words, ‘You’ve got to be kidding,’” the pool reporter continued. “But it was clear that the president knew the agent was not joking. Obama then dropped his sand wedge at the edge of the trap. The first lady, whose second shot had avoided the bunkers guarding the Par 5 hole thus positioning her for a 30-foot eagle bid, then laid her putter on the green.

    “Her attention immediately was riveted on her two daughters, and she walked toward them protectively, in an atmosphere of uncertainty,” the pool reporter continued. “Smiles instantly vanished from the girls’ faces. Only moments earlier they had been been racing each other from hole to hole while trying to keep their bright-orange snow cones intact and playfully chiding their father because their mother, who is not a golfer, had covered 500 yards on the No. 3 hole by striking two consecutive shots perfectly. Her second shot — with a loaner 3-wood — was particularly majestic. After taking two practice swings, the first lady addressed her ball and took a mighty cut, lashing a splendid line drive that traveled 200 yards in the air, landed with yardage-gathering topspin and gobbled up another  80 yards. Her ball settled pin-high on the green. Moments earlier the president’s ball — much to the delight of his daughters — had careened wildly off the sprinkler head. It was barely visible in the bunker.

    “The president — at once listening to the agent and monitoring his wife and children — appeared to force a sliver of a smile when addressing his daughters from 60 feet. ‘You’re OK, your Mom’s OK and I’m OK,’ the president said audibly to the girls. ‘Your Mom’s putt is a gimme, because  your Dad’s the president,’ Obama said. With that, awkward smiles returned to the girls’ faces. Agents then ushered the first family to golf carts for a short ride back to the clubhouse parking lot. From there, the presidential motorcade sped to the airport.”

    Urgent Call Caused Obama To Ask For Airtime 10 Days Earlier Than Planned; President Laments ‘Internet Cesspool’ That Is Hindering Economic Recovery

    In an emergency court action filed in Florida early Saturday morning, the FTC said it had learned that two purported multilevel-marketing (MLM) firms had collected $100 million in just four hours after launching Internet-based “programs” to sell a purported meat product marketed as “100 PERCENT U.S. BEEF” and a suspicious substance marketed as “100 PERCENT PURE POWDERED WATER.”

    The programs were on pace to record $600 million in sales in the first 24 hours, the agency said.

    Despite the “beef” claim, the meat is believed to be “roadkill” — animals such as deer, chipmunks,  squirrels and groundhogs struck by cars, according to the FTC. It was unclear if the scheme’s operators actually planned to package a mislabeled product and pass it off as beef or simply went through the motions of claiming to have a product in a bid to recruit a commission-based sales force.

    In court filings, the FTC said the schemers purported to have “guaranteed government contracts” to sell the product to “prisons” and “hospitals” and that marketers promoting the scheme on the Internet were “being offered commissions 10 levels deep to recruit a sales force to monitor highways — particularly in rural areas — for animal carcasses.”

    “Get in NOW!’ a promoter’s ad for the program screamed, according to the FTC. “Earn Unlimited Income through our REVOLUTIONARY ARBITRAGE  COMPRESSION MATRIX. Join the leaders’ team! Own your own business for only $5,000. We’ve done the DUE DILIGENCE so you don’t have to! You’ll have your money back and BE IN PROFIT TONIGHT!!!!!”

    Promoters were “offered payments for entering the locations of the carcasses into a purported database and for recruiting others to do the same,” the FTC said.

    Participants were told that the product was “nutritious, high in protein and iron and in ‘unprecedented’ demand due to cuts to state budgets and skyrocketing healthcare costs,” the FTC said. California and other states have been battling severe revenue shortfalls.

    Alarmingly, the FTC said that “thousands of marketers reflexively began to sell the purported program on the Internet, apparently without questioning the incongruity of being asked to report the locations of animals killed by cars by a company that purported to sell ‘beef.’”

    At the same time, the FTC noted in court filings that the “marketers also did not appear to ask questions about precisely how one would reduce water to a powder and what one would add to ‘powdered water’ to reconstitute it.”

    “Their approach apparently was to focus on commissions they’d earn by introducing others to the roadkill-reporting recruitment scheme, rather than asking even the most basic questions about the propriety of the purported program, the value and marketplace demand of the purported product and the bizarre incongruity of entering data about dead animals for a share of commissions even as the company they represented purported to be in the business of marketing  ‘beef” to financially strapped  government agencies and hospitals while at once soliciting roadkill reports,” the FTC said.

    Although promoters were told the companies used “only USDA-certified butchers and refrigerated trucks” to retrieve the carcasses and transport them to a “high-tech processing center,” the FTC said the “trucks were rented with a credit card tied to an offshore ‘shell’ company, the trucks were not refrigerated, no ‘government’ or ‘hospital’ contracts’ existed and the ‘high-tech processing center’ was a secluded mountain cabin off Interstate 80 in California that had no indoor plumbing, let alone electricity and a freezer system.”

    The substance marketed as powdered water was “another, crimson-red, obvious red flag,” the agency said, adding that investigators believed “it was a test to probe the limits of promoters’ gullibility.” The agency noted that it believed “clues about the obvious fraud deliberately were left at the cabin” and that the powdered substance “consisted of the pulverized bones of animals collected while the scheme was in its ‘prelaunch’ phase.” Processing activities at the cabin were powered by “gasoline generators rented from the same company that supplied the trucks,” the agency said.

    The products were marketed by two “purported MLM firms” that claimed to be based in Florida and Las Vegas, the agency said, alleging that the “schemers set up a series of shell companies to whisk electronic payments sent in by ‘independent sales consultants’ offshore.”

    FTC investigators contacted both the Secret Service and the FBI “immediately” after observing a “deeply disturbing” message at the California cabin that read, “We know how to use greedy Americans to fund our projects,” the agency said. The schemers did not describe their “projects,” triggering concerns that the operators were financing terrorism.

    The FTC did not reveal how it had learned about the cabin. A government affidavit in the case noted that FTC investigators located the cabin “late Friday night,” a kernel of information that may demonstrate that the FTC was alarmed about the early information it received and acted immediately on it, rather than waiting until Monday to pursue the probe.

    Investigators said in the affidavit that they believed the “scheme was deliberately designed to be detected.” An evidence exhibit filed with the emergency complaint included photos of a room whose entryway included a makeshift sign that read, “Powder Room. LOL!!!!! Americans are so dumb and greedy! We have the power of the Internet and use it around the clock to rob your citizens and credit-card companies!!!!!!!!!!”

    Pointedly, investigators said the “we” to which the sign referred did not identify the group “responsible for what clearly was a taunt directed at the U.S. government and the banking infrastructure.” The powdered substance was found inside the room. It was contained in plastic bags labeled “Powdered Water!!!!! Idiots!!!!!” according to the affidavit.

    Skeletal remains of animals were found inside the room, which contained a “pulverizer,” according to the affidavit. A second sign inside the room appeared to be a taunt directed at the MLM industry itself.

    “We’ve been leading the marketing ‘LEADERS,’” the sign read. “Silly fools. Our best weapon is their greed. We lie to them, and they spread the lie. They’re EASY.”

    In a separate affidavit, the FTC said it also was consulting with the SEC because it believed the complex organizational structure of the purported business “opportunity” was a “scheme within a scheme” that had been “deliberately designed to hide a pump-and-dump securities swindle involving purported penny stocks.”

    Decaying carcasses of “various species of animals” were found outside the cabin, the FTC said. A “gasoline-powered meat grinder” was found under a tarp, the agency said.

    Also found outside was another makeshift sign that read “Jesus wants you to be rich. Plant the seed and prosper!”

    Documents described as “bogus news releases written in the same, mocking style as the room signs” were recovered at the scene, the agency said.

    “Welcome to Web 2.0,” one of the documents began. “We are the puppeteers of the LEADERS!”

    FTC officials also said they were consulting with the Commodity Futures Trading Commission “because the evidence suggests the ‘opportunity’ also may be a front for a purported foreign-currency and precious-metals trading ‘program’ believed to be serving as a money-laundering conduit.”

    Of particular concern, according to the FTC, was a document found in the “Powder Room” with a sheath of other documents.

    This document “purportedly was a printout from a website with the bizarre name of “ROFLMAO Forex International Ltd.,” the FTC said.

    The document “purported that investors funds were ‘guaranteed’ by a ‘proprietary, software-based trading system’ that made it ‘impossible’ to lose money,” the FTC said.

    Meanwhile, in Florida, dozens of FBI agents swarmed a garage in Miami amid reports they were looking for evidence of the fraud. Federal prosecutors filed a forfeiture lawsuit to stop the scheme in its tracks, and a federal judge signed an emergency asset freeze and froze at least 65 bank accounts.

    In a highly unusual move, agents served the seizure and freeze orders on banks at the homes of their registered agents, presidents and branch managers on Saturday, citing fears that electronic deposits consisting of the proceeds of the “multilayered scheme” could disappear “offshore” if not blocked before U.S. banks opened for business on Monday.

    Lights were on inside the banks, and people wearing casual clothing were seen hovering over computer keyboards. Grim-faced FBI agents lined the sidewalks outside the banks and supervised events inside.

    “Some people who purport to be marketing ‘leaders’ and ‘businesspeople’ have gone stark, raving mad,” said one of the agents. He opined that the “followers” of the purported program leaders “were every bit as responsible, every bit as crazy.”

    “This is madness personified,” the agent said. “You can quote me on that without using my name.”

    Obama, whose aides have been drafting a speech on securities and marketing fraud the president intended to deliver during a prime-time address next week, decided on Air Force One to move up the date of the speech and “have a candid talk with the American people about this dangerous and unprecedented crime wave,” according to the senior White House official.

    The official described the president as “livid” because the nation was confronting an unmatched wave of white-collar crime that had put the markets on the brink of collapse and that “nefarious forces” were responding by working to sanitize and even institutionalize crime “by calling it something else.”

    “There has never been anything like this is U.S. history,” the official said. “Some people simply have taken leave of their senses and, apparently, have come to believe that ‘anything goes’ on the Internet. The ability to slap a price tag on something  no matter how obviously vile — the ability to use the Internet to build a so-called ‘organization’ to recruit commission-based salespeople to sell the ‘opportunity’ despite a complete absence of knowledge about the identities of the ‘program’ operators and the nature of the ‘business’ itself — is draining tens of billions of dollars from the economy and putting it in the hands of people who occupy the murkiest of worlds.”

    The official said that the president had come to believe that “an attack of a thousand tiny cuts was under way on the U.S. financial system, fueled in no small measure by people who refuse to perform even a minimal amount of due diligence when recommending ‘programs’ on the Internet.

    “They don’t have a clue who is running the ‘programs,’ how the money is being used and who gains ultimate control of the money,” the official said, noting that billions of dollars are “being sucked out of the U.S. economy by serial criminals who’ve tapped the spigot of despair and called it hope.”

  • Peter C. Son Sentenced To 15 Years In Forex Ponzi Scheme That Targeted Korean-Americans; Courtroom Spectator Heckled Scammer, Declaring He Deserved Death For Crime

    A California man accused of bilking Korean-Americans in an $80 million Forex Ponzi scheme was sentenced yesterday to 15 years in federal prison.

    Prior to the sentencing of Peter C. Son of Danville, a courtroom spectator yelled in Korean that “You’ve got to kill that bastard!” according to the San Francisco Chronicle.

    In June 2009, the SEC accused Son, 38, and his business partner, Jin K. Chung, of Los Altos, of targeting Korean-Americans in a scheme in which “funds were not traded in the forex market as claimed.”

    Instead, the SEC said, the funds were used to pay cash “returns” to certain investors in “Ponzi-like fashion” and used to make mortgage payments on Son’s multimillion-dollar home.

    “Supposed” Forex returns were “faked,” and investors were given “monthly account statements showing fictitious returns,” the SEC said.

    Some of the funds were used to pay a $3,000 monthly salary to Son’s wife, who “did no work,” the SEC said. As the scheme was collapsing in 2008, funds were transferred “overseas,” the agency charged.

    Investors were invited to the scheme’s offices purportedly to “view work stations with multiple trading monitors, ostensibly set up to allow . . .  employees to monitor market conditions relevant to forex trading,” the SEC said.

    But representations of Forex success were “false,” and the scheme “conducted little or no forex trading,” the SEC charged.

    The “supposed forex investment program was a fabrication used by Son and Chung to attract investors,” the SEC charged.

    Chung has not been not charged criminally.

    The scheme operated through a company known as SNC Asset Management Inc. (SNCA) of Pleasanton, Calif. It also operated through a company in New York that had a similar name — SNC Investments Inc. (SNCI) — investigators said.

    About 500 investors were defrauded, the SEC said.

    It is not unusual for companies to use multiple names — including confusingly similar names — to pull off a fraud scheme. Nor is it unusual for fraudulent companies to claim they have a local, regional, national or international footprint to disarm skeptical investors.

    Son’s scheme, fueled by advertisements and word-of-mouth, pulled in investors from at least five U.S. states, South Korea and Taiwan, the SEC said. His home in a gated community was valued at $2.6 million, and Son used investors’ money to pay “country club dues,” the agency charged.

    Part of the scheme involved an advertisement that had been altered to appear as through it were an article in Business Week magazine.

    It is common in fraud schemes for operators to imply their product or service is endorsed by famous people or companies. In 2009, members of the failed AdViewGlobal autosurf used the logo of Forbes magazine in a sales promo.

    Separately, members of the alleged AdSurfDaily autosurf Ponzi scheme claimed the program’s operator, Andy Bowdoin, received a special award from the White House for business acumen.

    Read the Son story in the San Francisco Chronicle.

  • Kautilya Nandan Pruthi Charged Criminally In $173 Million Ponzi Case After Probe By London Police

    Last month, a  court in the United Kingdom ordered Kautilya Nandan Pruthi to pay more than $135 million to the Financial Services Authority (FSA) for his role in an alleged Ponzi scheme that gathered the U.S. equivalent of $173 million. The FSA is the British equivalent of the U.S. Securities and Exchange Commission.

    Two others accused civilly of unlawfully accepting deposits were ordered to pay more than $37.3 million.

    Now Pruthi has been charged criminally in the case, which is believed to the Britain’s largest Ponzi scheme. The charges were announced by the Crown Prosecution Service Central Fraud Group after an investigation by the London Police Department.

    Pruthi has been charged with participating in a fraudulent business contrary to section 9 of the Fraud Act 2006; 22 counts of fraud contrary to section 1 of the Fraud Act 2006; five counts of obtaining a money transfer by deception contrary to section 15A of the Theft Act 1968; unauthorised regulated activity contrary to sections 19 and 23 of the Financial Services and Markets Act 2000; and concealing, disguising, converting, transferring and removing criminal property contrary to section 327 and 334 of the Proceeds of Crime Act 2002.

    The prosecution labeled the charges “serious offences,” saying they “relate to Mr Pruthi’s activities between 25 August 2005 and 10 June 2009.”

    FSA said last month that it intervened last year to stop the scheme from mushrooming further, adding that victims are not apt to recover much despite the judgment against Pruthi and the others. London police said some of the victims did not want to believe they had been defrauded.

    The Crown Prosecution Service prosecutes criminal cases investigated by police in England and Wales.

  • Paul Greenwood To Forfeit $331 Million; Pleads Guilty In Massive Fraud Scheme That Put Public Pension Funds At Risk While He Collected Teddy Bears

    Perhaps he’ll be remembered best for his collection of Steiff teddy bears paid for by investors, but there now are other reasons to remember Paul Greenwood.

    Greenwood has pleaded guilty to swindling institutional investors, universities and pension funds in a Ponzi-like scheme. He is believed to be cooperating with prosecutors in the ongoing probe of WG Trading Co. — and has agreed to forfeit “at least” $331 million.

    Prosecutors called the sum “the amount of funds that Greenwood and others personally misappropriated and diverted . . .” Greenwood, who potentially faces decades in prison, pleaded guilty to a total of six charges: conspiracy, securities fraud, commodities fraud, wire fraud (two counts), and money-laundering.

    His business partner, Stephen Walsh, also is charged in the criminal case, which was brought by the FBI. The SEC and the CFTC filed civil actions.

    The CFTC described the case as a “$1.3 billion investment scam.”

    “Greenwood and others caused companies that he ran to divert approximately $80 million to Greenwood for his benefit,” the agency said.

    Greenwood, who claimed to own 1,350 collectible teddy bears, is the former town supervisor of North Salem, N.Y.  The CFTC said he and Walsh “misappropriated at least $553 million from commodity pool participants.”

    For its part, the SEC called the scheme “brazen.”

    “[S]ince at least 1996, Greenwood and Walsh promised investors that their money would be invested in a stock index arbitrage strategy,” the SEC said. “Instead, Greenwood and Walsh essentially treated their clients’ investments as their personal piggy bank to purchase multi-million dollar homes, a horse farm and horses, luxury cars, and rare collectibles such as Steiff teddy bears.”

    Federal prosecutors said Greenwood and others told investors they employed a strategy known as “equity index arbitrage,” defining it as “conservative trading strategy that had outperformed the results of the S&P 500 Index for more than 10 years.”

  • CFTC: Convicted Felon Was Running Texas-Based Forex Firm; Robert Mihailovich Sr. And Robert Mihailovich Jr. Charged In Case That Alleges Pattern Of Marketing, Webinar Deception

    Investors turned over more than $30 million to a felon who hid his conviction and even managed to persuade clients to give him power of attorney, the CFTC said.

    Robert Mihailovich Sr. was released from federal prison on June 27, 2007, after serving 21 months for mail fraud, the CFTC said. On Oct. 14, 2008 — while on court-supervised probation — Mihailovich Sr. formed a Texas-based company known as Growth Capital Management (GCM) with his son and namesake, Robert Mihailovich Jr., listed as president.

    Now both father and son are charged civilly with misleading investors and regulatory agencies about GCM’s business practices.

    Mihailovich Jr. is accused of making false statements in regulatory filings and not disclosing that his father was a principal in the firm. Meanwhile, Mihailovich Sr. is charged with fraudulent solicitation.

    Together the father, son and company “fraudulently solicited and accepted more than $30 million from approximately 93 customers,” the CFTC said. Both men reside in Rockwall, Texas.

    Mihailovich Sr. did not disclose his felony conviction to investors, the CFTC charged.

    “There was no disclosure in GCM’s filings concerning Mihailovich, Sr. and/or his involvement with GCM,” CFTC alleged.

    But Mihailovich Sr. “directed the day-to-day business of GCM” and “solicited most, if not all, managed account customers to trade commodity futures and forex,” CFTC charged.

    Mihailovich Sr. used claims about an “electronic trading system” to woo customers on the Internet, the CFTC said.

    Webinars and sales presentations were conducted on Saturdays.

    “Mihailovich, Sr. presented the GCM electronic trading system by employing graphs that purportedly showed trading in live commodity futures accounts and forex accounts,” the CFTC charged. “Mihailovich, Sr. claimed that his GCM electronic trading system virtually guaranteed substantial profits and minimized the risk of loss trading commodity futures and forex. His recurring theme and reassurance was that trading using GCM’s electronic trading system was protected at all times from loss.”

    Actual trading accounts managed and controlled by Mihailovich Sr., however, realized net losses, CFTC said.

    One GCM customer told investigators that Mihailovich Sr. also used a “mass sub-algorithm” to make manual trades and gain extra profits.

    Numerous misrepresentations were made to clients, including a claim that a $1 million investment would result in a $1 million profit and that “it does not matter what the markets do during the trading day for the computerized trading software to make an account profitable,” the CFTC charged.

    Some customers were falsely told that GCM had not closed a trade at a loss since 2000 and that Mihailovich Sr. “had over twenty years of continuous trading experience,” the CFTC charged.

    “Defendants’ marketing materials stated that their software ‘has never closed a managed position at a loss. Not on Forex . . . Not on Bond positions . . . Not on the S&P . . . Or even on the many other types — commodities, stocks and indexes — it has managed over the years,’” CFTC alleged.

    Meanwhile, the agency said Mihailovich Sr. tried to have his felony conviction overturned by claiming ineffective assistance of counsel, “but that petition was denied.”

    Despite claims of safety and assurances that the firm did not lose clients’ money, “approximately half of Defendants GCM’s and Mihailovich, Sr.’s customers lost money from their investments, and overall, their trading resulted in net losses of approximately $2.2 million in customer accounts,” the CFTC alleged.

    “From June 2008 through June 2009, GCM’s and Mihailovich, Sr.’s trading of forex on behalf of customers resulted in overall realized losses of approximately $711,000,” the agency said. GCM and Mihailovich, Sr. received approximately $241,000 in performance and management fees related to this trading.”

    “Between September 2008 and through November 2009, GCM’s and Mihailovich, Sr.’s trading of S&P e-mini futures resulted in realized net losses totaling approximately $1.5 million,” the CFTC said. “GCM and Mihailovich, Sr. received approximately $147,000 in performance and management fees related to this trading.”

    “Despite these mounting losses, GCM and Mihailovich, Sr. continued to solicit new customers by highlighting the profit potential of investing with GCM using GCM’s proprietary trading software, without disclosing the fact that many of their customers lost most, if not all, of their investment,” the CFTC charged.

    Read the CFTC complaint.

  • REPORT: Pyramid Schemes Plaguing China; One Anti-Pyramid Activist Stabbed While Trying To Assist Victim, Another Bitten Repeatedly; Cult-Like Behavior In Spotlight

    An anti-pyramid scheme activist in China was stabbed by both the perpetrator of the scheme and the victim, according to the state-run Xinhua News Agency. The wounds were not fatal, but demonstrate the dangers that confront citizens actively engaged in efforts to help an estimated 10 million Chinese caught up in schemes that use promises of riches and techniques described by independent media as brainwashing to maintain control over investors.

    Separately, an activist with the same group has scars on his arm after being bitten by victims, the news agency reported.

    Quoting government statistics, the news agency reported that the State Administration of Industry and Commerce broke up 10,980 pyramid schemes between 2006 and September 2009.

    In early July, the government made 130 arrests and broke up 29 pyramid schemes in Guangxi Zhuang, an autonomous region that shares a border with Vietnam.  In the capital city of Nanning, 1,306 participants were found in the apartments of pyramid-scheme organizers, the news agency reported.

    A private group known as the China Anti-pyramid Selling Association began its efforts to assist victims in 2006, according to the news agency. A cartoon that accompanies the agency’s story on China’s pyramid plague depicts a man tugging mightily on a rope to help victims scale a cliff to flee from a pyramid schemer holding up a box of worthless products in a valley of pending misery below. A woman is assisting the man, pulling with all her might to help a victim escape the huckster. One woman is clinging to a fellow victim’s shirt as she, too, seeks to flee.

    The cartoon depicts the valley pitchman sanding in front of a blackboard. One man enthralled by the pitchman’s virtuoso performance is holding a wad of cash and reaching toward both the pitchman and the sky. Meanwhile, a woman who may be a doubter appears to be trying to keep her purse secure as she processes information and strains to get a closer look at details. In the deep background of the cartoon, one of the pitchfest attendees is shown with a dumbfounded look on his face — as though he is trying to process too much information from conflicting images in the incongruous scene.

    Experts say pyramid schemes are all about incongruity. Prospects are separated from their money by practiced hucksters who employ razzle-dazzle, groupthink, mathematical sleight-of-hand, envy, jealousy, appeals to faith and greed — and anything that “works” to keep cash flowing to the schemes.

    Also in the news agency’s story today is a photo of police breaking up a pyramid scheme in Anhui province last month.

    Read today’s story by the Xinhua News Agency. (The powerful cartoon is on the third page of the story.)

    Read a September 2009 story in USA Today about pyramid schemes in China. The newspaper reported that many of the schemes have morphed into “bizarre, cult-like underworlds” that have “bankrupted countless young Chinese of modest means.”

    View an editorial and video package from CNN that shows police in China dealing with pyramid schemers by exposing them to public humiliation. The CNN package was produced in November 2009.

  • BULLETIN: Receiver Says Trevor Cook’s Wife Received $103,000 Payout By Wire Day After SEC Came To Minneapolis For ‘Surprise’ Investigation

    Gina Cook, the wife of acknowledged Ponzi schemer Trevor Cook, received a wire transfer of $103,437 on June 23, 2009, one day after six attorneys and accountants from the SEC began a “surprise” investigation at the scheme’s Minneapolis headquarters and served Trevor Cook with a subpoena, according to the court-appointed receiver in the case.

    Receiver R.J. Zayed now has filed a clawback action against Gina Cook, saying the payment was a preferential transfer from the proceeds of her husband’s international Ponzi scheme. Gina Cook is one of 23 parties named in clawback petitions in recent days.

    All in all, Zayed is seeking to claw back $112,410 from Gina Cook, saying she also received a preferential transfer of $8,973 on Feb. 23, 2009 — after Trevor Cook knew that Swiss authorities were investigating one of his firms and were in the process of shuttering it.

    “[Gina Cook] received payments preferentially over hundreds of other investors who were defrauded by Trevor Cook and unable to withdraw the money they had invested in the Trading Program,” Zayed said.

    Gina Cook invested $55,575.52 in her husband’s program, and received back her principal, plus a phantom profit of $56,834.48, according to an exhibit in the clawback action.

    She has not been accused of wrongdoing.

    “The doctrine of unjust enrichment and the principles of law and equity require that the $112,410.00 received by [Gina Cook] on or after February 23, 2009 be returned to the Receiver for equitable distribution to all defrauded investors and other creditors,” Zayed said.

    Any preferential retention of money from the scheme by Gina Cook “violates fundamental principles of justice, equity, and good conscience,” Zayed said.

    Read the clawback petition.