From PonziTracker’s April 18 story (italics added):
. . . a casual read of the Motion makes clear that the company accused by regulators of being an “egregious” pyramid scheme seeks now to use the Bankruptcy Court’s power to eliminate the obligation to pay accrued compensation likely totaling hundreds of millions of dollars to “promoters” – under the theory that elimination of these obligations will allow the company to “ultimately prove successful and profitable.” Ironically, one of the chief concerns cited by TelexFree related to questions “raised as to whether the Original Comp Plan is compliant with law, which jeopardized the Debtors’ business.
On the same day, the PP Blog reported that TelexFree was the top story in Thursday’s infrastructure report by the Department of Homeland Security. Meanwhile, the Blog reported that TelexFree is calling the actions by Massachusetts and the SEC “precipitous and unnecessary.”
The Blog noted that some TelexFree members appear errantly to believe that the company already has been cleared of the Ponzi and pyramid charges. Uplines could be feeding them misinformation. Separately, BehindMLM.com reported that the federal judge in the SEC action has granted a Temporary Restraining Order against TelexFree.
As BehindMLM noted in its coverage, quoting the judge (italics added):
the Commission has shown that
1. It is reasonably likely to establish that TelexFree and the individual defendants James Merrill, Carlos Wanzeler, Steven Labriola, Joseph Craft, Sanderly Rodrigues de Vasconcelos, Santiago De La Rosa, Randy Crosby and Faith Sloan have directly or indirectly engaged in the violations alleged in the complaint . . .
At the moment, major civil litigation against TelexFree in the United States is occurring on at least two fronts. The number could rise, given that TelexFree allegedly operated in at least 20 U.S. states. And because the SEC has described a “search warrant” that was executed in Massachusetts, it is almost certain a criminal probe by at least two U.S. agencies is under way.
TelexFree also is under investigation in Brazil.
To hear some TelexFree members tell it, however, none of these things seem to matter or can be regarded as ordinary events.
At least two petition drives in support of TelexFree have started in recent hours. One of them asks a U.S. Bankruptcy Judge to “Bail out Telexfree.” Another appears not to petition a specific judicial officer. Rather, it appears to ask TelexFree members to support the firm’s bankruptcy filing because TelexFree “has meant a real opportunity to bring sustenance to each of our homes.”
Similar petitions popped up after the SEC alleged in 2012 that the Zeek Rewards “program” was a Ponzi- and pyramid scheme that had gathered $600 million. Further investigation now puts that number at between $845 and $897 million. In the interim, two Zeek insiders have been charged with federal crimes and the court-appointed receiver in the case is pursuing clawback claims from thousands of alleged Zeek winners.
In the 2008 AdSurfDaily MLM Ponzi-scheme case, petitions to support ASD also popped up. The Ponzi dollar figure in that case mushroomed from $53 million to $119 million over the course of the probe. Like Zeek, the ASD case started as a civil prosecution with a parallel criminal investigation. ASD President Andy Bowdoin has been in prison since mid-2012. He was sentenced to serve 78 months.
The Zeek and ASD proceeds combined total at least $969 million. If the $1.2 billion asserted in the Massachusetts complaint proves accurate, it means that TelexFree not only fetched more than Zeek and ASD combined, but also may end up holding the title of the largest MLM HYIP Ponzi- and pyramid scheme in history.
There is no doubt that Zeek and ASD members helped fuel the TelexFree machine.
Effectively having been accused of rivaling Scott Rothstein’s epic Ponzi scheme, TelexFree issued a statement this afternoon that calls the government actions against it “precipitous and unnecessary.”
Rothstein’s Florida-based Ponzi scheme collapsed in 2009. It gathered about $1.2 billion before toppling, and is one of the largest Ponzi schemes in U.S. history.
On Tuesday, Massachusetts Commonwealth Secretary William Galvin described TelexFree as a combined Ponzi- and pyramid fraud that had fetched about $1.2 billion. On Thursday, the U.S. Securities and Exchange Commission — the nation’s top securities regulator — described TelexFree as a collapsed pyramid scheme that recorded $1.3 million in sales of its VOIP product between August 2012 and March 2014, but racked up liabilities of about $1.1 billion because of an attached investment scheme and tiered payouts due members.
TelexFree largely was targeted at Brazilian and Dominican immigrants, the SEC said.
In its statement today, TelexFree said it disputed “the material allegations made by these agencies and regrets that their actions impede our ability to continue to serve our customers, restructure our operations, and thereby emerge as a stronger and more competitive company.”
“Unfortunately,” TelexFree said, “the precipitous and unnecessary actions taken by the state and federal agencies have temporarily suspended the VoIP services TelexFREE customers rely on.”
Meanwhile, it asserted its Sunday Chapter 11 bankruptcy filing in Nevada demonstrated its “belief in the strength of our core business and products and the enthusiasm and dedication of our independent sales associates as well as our determination to protect the assets of the Company and maximize the recoveries for all constituents.”
The statement did not say whether four alleged hucksters charged by the SEC with fraud for pushing the TelexFree “program” would have to pay for their own lawyers. Four alleged TelexFree executives or co-owners also were charged.
TelexFree’s statement was at odds with claims made by some of its own promoters today. While TelexFree itself acknowledged the litigation filed against it by the Massachusetts Securities Division and the SEC and acknowledged its own unfinished bankruptcy case, some promoters claimed the firm had been ruled not to be Ponzi scheme and that the court had confirmed the legality of TelexFree.
URGENT >> BULLETIN >> MOVING: (6th update 2:36 p.m. EDT U.S.A.) TelexFree LLC and “certain of its subsidiaries and affiliates” have filed for bankruptcy in Nevada, the firm said in a statement this morning.
In its statement, the company did not directly identify the other TelexFree firms involved in the filing. A link in the statement, however, identifies the firms as TelexFree LLC, TelexFree Inc. and TelexFree Financial Inc.
A schedule included in the bankruptcy filing suggests that TelexFree owes its 30 largest unsecured creditors nearly $14 million. As much as $36 million may be owed other unsecured creditors, the filing suggests.
TelexFree is seeking to reject contracts that existed with affiliates both before and after the “program” changed its compensation plan on March 9, according to the bankruptcy filing.
Stakeholders and affiliates are called “constituents” in the statement, which attributes a remark to Stuart MacMillan, “interim Chief Executive Officer of TelexFREE.”
TelexFree is under investigation by the Massachusetts Securities Division. Prosecutors in Brazil have described TelexFree as a pyramid scheme.
Separately, the central bank of Uganda has issued a fraud warning on TelexFree and other programs, according to a report in African media. The warning follows a move by the government of Rwanda last month that banned a TelexFree enterprise.
TelexFree’s announcement of the bankruptcy filing occurred just days after the enterprise, citing unspecified “scheduling conflicts,” sought the postponement of a hearing in Alabama to consider its application for “Resale Interexchange Authority.”
TelexFree says it is in the VOIP business and provides other telecommunications services. How the bankruptcy filing would affect various TelexFree phone-service applications in various states was not immediately clear. In regulatory filings, TelexFree LLC said it posted more than $691 million in “total income” last year.
Affiliates of the TelexFree MLM “program” have been complaining about not getting paid.
The filing also takes place against the backdrop of public appeals by TelexFree for affiliates to recruit more customers. A promo earlier this month included the logos of prominent media firms in the United States, planting the seed that the firm’s MLM “program” had the backing of the companies, many of which are affiliates of major television networks in the United States.
A TelexFree arm in Brazil sought bankruptcy protection last year. Carlos Costa, a TelexFree executive in Brazil, curiously waved the flags of Portugal and Madeira while announcing the Brazil filing. Police in Europe later issued warnings that TelexFree was targeting the Madeiran community.
Alvarez & Marsal North America, LLC is serving as restructuring advisor to the Company and Greenberg Traurig, LLP and Gordon Silver are serving as legal advisors to TelexFREE, according to the statement.
Among other things, the bankruptcy filing says TelexFree has generated more than $1 billion in revenue since 2012. The revenue surge “put tremendous pressure on the Company’s financial, operational and management systems,” TelexFree contends.
The filing seeks to reject contracts with TelexFree promoters under both an existing compensation plan implemented March 9 and an “original compensation plan” that existed prior to that date.
“At the time of the roll-out of the Revised Comp Plan, the Company decided to honor certain discretionary payments to Promoters under the Original Comp Plan,” TelexFree said in bankruptcy filings. “These discretionary payments quickly became a substantial drain on the Company’s liquidity. The Company discontinued the Pre-Petition Comp Plans and ceased making discretionary payments under the Original Comp Plan prior to Petition Date.”
TelexFree affiliates have claimed that $289 sent to the firm returned $1,040 in a year and that $1,375 returned $5,200. Some TelexFree groups solicited sums of $15,125, saying such a sum would return $57,200.
From the TelexFree bankruptcy filing, which requests contracts with affiliates to be rejected (italics/bolding added):
Under the Original Comp Plan, Promoters have and are continuing to assert substantial claims against the Debtors. While the Debtors believe that many of those claims are invalid, the Debtors continue to be burdened by the demands made under the Original Comp Plan. In addition, questions were raised as to whether the Original Comp Plan is compliant with law, which jeopardized the Debtors’ business. Although the financial demands are less under the Revised Comp Plan, the Revised Comp Plan does not generate sufficient revenues for the Debtors to continue operating their business.”
Said MacMillan, in the TelexFree media statement:
“We are taking this major step because we continue to believe in our business, our products and the enthusiasm of our world-class team. We believe that this restructuring plan, which will include significant enhancements to our governance practices and internal controls, will help us to build a stronger and more sustainable financial and operational foundation for the future.”
On the same day the SEC announced a civil and criminal prosecution of alleged Florida-based scammers using YouTube to fleece the masses in a Ponzi scheme, it announced it had charged a Honolulu woman who allegedly engineered two fraud schemes through promotions on her own website and Twitter, Facebook and Skype.
Keiko Kawamura’s scams featured the posting of third-party screen shots to create the impression “she was personally obtaining incredible investment returns,” the SEC charged yesterday.
But, the agency alleged, “the account statements were not hers.”
And Kawamura was not really a hedge-fund manager or investment banker, despite her claims, the SEC charged. Rather, “she had virtually no prior trading experience.”
The scam was not limited to social networks, the SEC charged. Kawamura built a myth on her own website and advanced it over Twitter and Facebook.
Subscribers willing to pay “between $94.95 and $174.95” a month received access to “a locked Twitter account that Kawamura used to provide recommendations on when to sell or purchase particular stocks and options,” the SEC said.
On the myth-making front, the SEC charged, Kawamura “claimed on the site that she had ‘been in the Investment banking industry for nearly a decade, specializing in Wealth Management for a major Financial Institution.’”
The reality “at the time she created her website,” however, was that Kawamura “knew this was false,” the SEC charged. “She has never worked in the investment banking industry and has never worked for any financial institutions.”
Her lack of qualifications notwithstanding, Kawamura “also provided all subscribers to her website with access to one-on-one advice over Skype’s instant message service in which she would provide specific recommendations regarding stocks and options to the subscriber,” the SEC charged.
Kawamura netted nearly $50,000 in fees that flowed from 70 subscribers. Beyond that, roughly $200,000 more came in from at least seven investors duped into believing Kawamura was a professional hedge-fund manager, the SEC said.
“Despite her promises to invest the funds she obtained, Kawamura misappropriated much of the money,” the SEC charged. “Of the funds she did invest, Kawamura lost everything in risky options trading.”
Part of the hedge-fund scheme featured the creation of “false tax documents,” the SEC charged.
The highly touted “experience” of the purported hedge-fund manager proved to be that she had placed “a small number of trades over the preceding few months in an account held in her boyfriend’s name and less than $10,000 traded in brokerage accounts held in her name,” the SEC charged.
Where did the money go?
“[L]uxury vacations to Miami and London,” the SEC said.
And after duping investors in that fashion, she launched the subscription service, the SEC charged.
“As alleged in our case, Kawamura used social media to ensnare investors and raise money to support her lifestyle,” said Michele Wein Layne, director of the SEC’s Los Angeles Regional Office. “Investors should beware of fraudsters who use social media to hide behind anonymity and reach many investors with little to no cost or effort.”
In its role as a watchdog for consumers, the FTC has sued third-party companies and individuals who have published the logos of prominent news agencies and falsely traded on their trusted identities to sanitize a purported product or opportunity. (See screen shot of Evidence Exhibit from one FTC case below.)
In a new video promo announcing it somehow has gained 550,000 new American customers in less than a month during a probe into its business practices, TelexFree is publishing the logos of 18 prominent media firms, including logos of local-market affiliates of major American TV networks. In certain instances, the logos of the so-called “mother ships” — media parent firms or brand/content licensors of the local affiliates — appear in the TelexFree promo. This could prove to be an epic blunder.
The move by TelexFree occurs on heels of SEC allegations that a Ponzi/pyramid scam known as WCM777 traded on the names of famous brands outside of media.
On Feb. 28, the Massachusetts Securities Division confirmed it was investigating TelexFree. The agency earlier gave WCM777 the boot.
Hong Kong may be emerging as a hotbed of MLM fraud.
TelexFree goes to Hong Kong.
Does anyone in TelexFree’s MLM leadership have a clue — we mean, Freaking Clue One?
More . . .
__________________________________
UPDATED 10:51 A.M. EDT (U.S.A.) Be skeptical of “programs” that imply media ties or suggest media vetting or an endorsement by the media or a famous company in another discipline, including high finance. Brand-leeching “works,” which is why so many fraudulent companies adopt it as a strategy.
On the “we’ve-been-endorsed-by-the-media” fraud front, several instances of this have occurred. In both 2011 and 2012, the blood-sucking, $850 million Zeek Rewards Ponzi scheme pretended that puff pieces about it that appeared in Network Marketing Business Journal constituted real news. Zeek’s court-appointed receiver later auctioned off the puff pieces and the impressive-looking plaques to which they’d been attached.
Zeek and many of its affiliates preferred fantasy constructions. Put another way, they weren’t all that keen on paying attention to actual news occurring in the direct-sales sphere. In April 2011, for example, the Federal Trade Commission brought actions against several alleged scammers pushing acai weight-loss products and making deceptive claims. Among other things, the FTC alleged that the Internet-based hucksters created fake news sites and often used “the names and logos of major media outlets” such as “ABC, Fox News, CBS, CNN, USA Today, and Consumer Reports” to plant the seed the products had the backing of the brands and had been vetted approvingly by reporters.
As the PP Blog wrote in an Editor’s Note at the time (italics added): If this federal and state action doesn’t get the attention of the out-of-control, direct-sales crowd that divines itself the right to plant the seed that an “offer” is endorsed by famous companies and people, well, perhaps nothing will. Even as this story is being written, affiliates of Club Asteria, a purported “passive” investment company, are planting the seed that the firm is endorsed by Google, Yahoo, MSN and America Online. Club Asteria promoters also routinely trade on the name of the World Bank. Club Asteria is being pitched on forums populated by serial Ponzi scheme promoters.
Club Asteria, which had a presence on the Ponzi boards and purportedly had a satellite operation in Hong Kong, had roots in the cash-gifting fraud sphere and planted the seed it provided a return of at least 3 percent a week. It stopped making weekly interest payments to affiliate-investors before 2011 had come to a close.
Flash forward to April 2014, three years to the month after the FTC brought the acai fraud cases against direct-selling companies and individuals using the names and logos of famous media brands. Indeed, on April 5, a new pitch by the TelexFree MLM “program” began appearing in video form online.
And indeed it uses the logos of a whopping 18 media companies famous in local markets. And because some of those locally famous brands also incorporate the logos of their even more famous parent brands or licensors, TelexFree potentially could be risking the wrath of the upstream mother ships, too.
Like Club Asteria, TelexFree has an affiliate presence on the Ponzi boards. Also like Club Asteria, TelexFree has wildly enthusiastic pitchmen who claim the “program” provides preposterous, “passive” returns. (The TelexFree promo referenced in this report by the PP Blog first was noted by a TelexFree skeptic and reader of BehindMLM.com, a site that covers emerging MLM schemes.)
From YouTube. As TelexFree executive Steve Labriola narrates a video, the logos of prominent media companies roll in the background. Red highlight by PP Blog.
At approximately the 4:55 mark in the April 5 TelexFree video, the logos of local television stations — including affiliates of Fox, NBC, ABC and CBS — begin rolling on the screen. (The logo of the Las Vegas Review-Journal, the biggest newspaper in Nevada, also rolls on the screen.)
Says TelexFree executive Steve Labriola, while continuing to narrate the video after complaining about Bloggers who are negative on the company:
“But let me tell you what is out there that you haven’t quite seen yet: media that’s talking positive about us. There are articles. There are things out there that you’re gonna have in your back office that you can print, you can read, you can use as a tool within the next few days. These are all media articles that are talking great things about your company. So, we’re excited about that. We’re excited that you can be excited about that. It’s all good news. It’s all reprinted. And it’s all available for you.”
From an FTC evidence exhibit in a 2011 case that alleged pitchmen used the logos of media companies to sanitize an online fraud scheme. Red highlights by PP Blog.
What are these “media articles” to which Labriola refers while logos of local affiliates of the major broadcast networks and the logo of a major American newspaper roll in the background?
Well, unless the media firms published any other “great things” about TelexFree, they’re puff pieces TelexFree itself submitted via one or more PR wires. In instances we observed, several local broadcast affiliates of the major networks republished TelexFree-authored content — but not before slapping on a disclaimer. To see an example of the disclaimer we observed, visit the website of News9.com (KWTV-DT as a broadcast channel), a CBS affiliate in Oklahoma City. From the station’s website (italics added):
Information contained on this page is provided by an independent third-party content provider. WorldNow and this Station make no warranties or representations in connection therewith. If you have any questions or comments about this page please contact [deleted by PP Blog]
SOURCE TelexFREE
You’ll see the same disclaimer at KTEN.com, the website of an NBC affiliate in Denison, Texas, that covers parts of Oklahoma. (KTEN’s logo, which incorporates NBC’s famous “peacock,” is the first to roll in the TelexFree promo.)
In yet another example, a disclaimer appears at the website of KTRE, an ABC affiliate in Pollok, Texas. Other channels or newspapers that might have published TelexFree’s PR talking points also likely added disclaimers or attributions to TelexFree, so readers would make a distinction between actual news content and verbatim PR puff.
Labriola doesn’t mention the disclaimers as famous logos roll in the background. The audience easily could conclude that each of the news outlets whose logos are reproduced had published objective reports about TelexFree and championed the company.
With all things possible in the HYIP sphere, we’re wondering if TelexFree affiliates soon will start whipping those republished PR releases into endorsements of TelexFree by major media firms locally and nationally. After all, some TelexFree affiliates have planted the seed the “program” is endorsed by the SEC and is backed by President Obama.
Earlier in the video, Labriola claimed, “Since March 9, since our compensation plan has changed, we have 550,000 new customers in [the] U.S.A. alone. And remember, we’re a global business.”
Whether those talking points later will end up in videos or print material that displays the logos of well-known media companies is, for now, unknown. The stage nevertheless has been set for disingenuous MLM constructions of all sorts, including hypothetical (as of now) constructions such as this one: “according to [Famous Media Company A], TelexFree is in a stunning growth phase that has seen more than 550,000 new American small-business customers enlist since March 9 alone. Because TelexFree is a worldwide phenomenon, tens of millions of customers are destined soon to be in the fold.”
And what about proof? Well, just wrap the logo of a famous media brand around the claim.
This won’t go well if this is TelexFree’s new media strategy.
Branding concerns aside, the practical reality remains that how TelexFree is defining “customers,” like Zeek before it, is far from clear. Beyond that, current TelexFree affiliates are complaining publicly about not getting paid after the company changed its compensation system.
Hong Kong
In the video promo with the media logos, Labriola goes on to note that “I just came back from a Hong Kong trip.” Whether that trip had anything to do with an asserted March 26 TelexFree “conference” in Hong Kong wasn’t explained.
Hong Kong may be emerging as a hotbed of MLM HYIP fraud. For instance, it is a venue in which Club Asteria claimed a presence and also a venue in which a “program” known as “Better-Living Global Marketing” purportedly conducts business. (See reference and related links here.)
In addition, Hong Kong is referenced in the SEC’s Ponzi- and pyramid case last month against WCM777, an alleged $65 million fraud scheme. Hong Kong also is referenced in the SEC’s fraud complaint last month against an entity known as “Mutual Wealth.”
In October 2013, the SEC alleged that enterprises known as CKB and CKB168 were “at the center” of a worldwide pyramid scheme that allegedly featured a purported office in Hong Kong and operations in Canada, the British Virgin Islands and the United States.
TelexFree, alleged in Brazil to be a pyramid scheme, is under investigation by the Massachusetts Securities Division. Some affiliates are deeply concerned about changes in the TelexFree compensation scheme that appear to have dried up or negated payments to them. These affiliates packed themselves like sardines into the “program’s” office in Greater Boston last week. Police were called to the scene.
Just four days after TelexFree affiliates jammed the TelexFree office, the Labriola video with rolling media logos, claims of hundreds of thousands of new customers and the reference to Hong Kong appeared on YouTube. Whether TelexFree has opened new can of worms remains to be seen.
What’s been clear for months is that TelexFree has no cohesive message and throws just about anything against the wall, including rants at prosecutors by a Brazil-based executive while investigations in that country are under way.
A maxim sometimes attributed to Mark Twain and often cited by PR companies and politicians goes like this: “Don’t pick fights with people who buy ink by the barrel.”
To that, we’ll add that it’s also not prudent to tempt fate with media companies that buy bandwidth by the terabyte and employ note-taking reporters and editors and videographers who take spectacularly detailed footage.
This Blog has grave doubts that any of the media firms whose logos appear in the TelexFree promo will be pleased. Their own names could be sullied. If those logos start appearing on marketing materials and plaques, well, hang on to them. They could become the same type of souvenirs the Zeek receiver sold to raise money for victims.
One of the issues in the SEC’s case against WCM777, of course, was the alleged republication of famous logos (nonmedia) and the namedropping of famous companies (nonmedia) to sanitize the alleged WCM777 fraud scheme.
Is any famous company, be it nonmedia or media, safe from MLM hucksters on the Internet? The answer is probably no, given that the vultures apparently think nothing of swiping the brands of government agencies and even of the President of the United States to advance their schemes.
Why TelexFree has ventured down the minefield-laden path of publishing logos of locally or nationally famous brands is truly baffling, especially given the nature of the allegations in the WCM777 case and the fact TelexFree itself already is under investigation.
This circumstance reminded us not only of the Zeek debacle and the SEC’s WCM777 case and the FTC’s acai-berry cases, but also of efforts by the AdViewGlobal Ponzi schemers in 2009 to use an in-house puff piece distributed on PR wires to plant the seed the 1-percent-a-day “program” was endorsed by Forbes magazine, the Washington Business Journal and The Business Review.
Prior to the filing of the SEC’s fraud complaint against WCM777, some apparent cheerleaders for the firm tried to plant the seed that the “program” had been vetted favorably by Yahoo Finance and the Wall Street Journal. One individual tried to drop both famous names at BehindMLM.com, a site that covers emerging MLM schemes.
BehindMLM’s negative coverage of WCM777 was “real non-sense,” the critic asserted on Oct. 11, 2013, pointing to a purported favorable story on WCM777 in the Wall Street Journal. That “story” proved to be a PR puff piece republished with a disclaimer at WSJ.com.
“The Wall Street Journal news department was not involved in the creation of this content,” the disclaimer read.
But with the purported Wall Street Journal “story” in his hip pocket, the WCM777 “supporter” and BehindMLM critic asserted, “I will make the most of it to my enemies’ disgust!” (See this story and Comments thread at BehindMLM.com.)
The SEC was in federal court about five months later, alleging that WCM777 had targeted a massive fraud scheme at Asians and Latinos and had caused the logos of famous brands to be republished as part of a bid to sanitize the $65 million scam.
Honestly, does anyone in TelexFree’s MLM leadership these days have a clue — we mean, Freaking Clue One?
TelexFree’s name is referenced on Page 14 of Exhibit 3 in an SEC affidavit filed as part of the WCM777 pyramid- and Ponzi prosecution. Information in the exhibit was gleaned from the California Department of Business Oversight’s investigation into WCM777. Red highlights by PP Blog.
UPDATED 8:51 P.M. EDT (U.S.A.) Already under investigation in Massachusetts, is TelexFree destined to encounter trouble from state regulators in California and perhaps the U.S. Securities and Exchange Commission (SEC)?
At least by Nov. 14, 2013, the California Department of Business Oversight (DBO) was asking questions about the TelexFree MLM scheme, according to filings in federal court. The filings, which appeared in affidavit form and included exhibits, were docketed March 27 after being submitted by the lead investigator in the SEC’s case against WCM777, an alleged $65 million Ponzi- and pyramid fraud.
Some pitchmen in HYIP schemes promote multiple purported opportunities simultaneously and use money from one scheme to join another, a situation that may put banks and payment processors in possession of tainted proceeds from interconnected and ongoing frauds. A federal judge has frozen at least 54 bank or vendor accounts linked to WCM777 or accused operator Phil Ming Xu.
California investigators asked Stanley Stephan Huntsman, who identified himself as a “spokesman-ambassador” for WCM777 with Xu as his “employer,” whether he had any “relationship” with “TelexFree,” according to the SEC filings.
It may be the first reference to TelexFree in a federal court filing, albeit one that is not a charging document. At a minimum, however, it demonstrates that both the California DBO and the SEC are aware of TelexFree and believe that the Massachusetts-based “program” has promoters in common with WCM777.
“I have no relationship with TelexFree,” Huntsman responded.
The SEC announced the WCM777 prosecution on March 28, one day after its lead WCM777 investigator submitted the documents and exhibits from California’s WCM777 probe. Huntsman was not named a defendant in the SEC’s WCM777 action.
WCM777 was targeted at Asians and Latinos, the SEC alleged.
In addition to identifying himself as a “spokesman-ambassador” for WCM777, Huntsman told California investigators that he “was required to read power points prepared by WCM, which was also displayed on the WCM website,” according to an SEC affidavit.
Worried members wedge themselves into TelexFree’s broom closet in Marlborough, Mass, Tuesday. Source: YouTube.
UPDATED 12:15 P.M. EDT (U.S.A.) The Boston Red Sox were at the White House Tuesday to receive recognition for winning the 2013 World Series. There were plenty of smiling faces, perhaps particularly when slugger David Ortiz, the MVP of the series, posed for a selfie with President Obama.
But back home in Massachusetts, particularly in Marlborough, specifically in the stylized broom closet the MLM delusion merchants call TelexFree “corporate” as part of a long-running linguistic conspiracy to sanitize HYIP Ponzi cesspits, smiles were absent. In fact, the police were dispatched to prevent things from getting out of hand.
That’s because too many unhappy and confused TelexFree members who appear to believe they’ve been duped by the firm and its stable of serial delusion merchants wedged themselves into the broom closet to demand answers about why TelexFree either wasn’t paying them or why only certain members were getting paid.
But TelexFree — whom some affiliates say is a $1 billion company with a VOIP product — has only seven employees at its Marlborough office, according to regulatory filings in Tennessee. These employees work in “administration, sales and marketing, accounting, and operations positions.”
Our guess is that they work in staggered shifts, given the size of the office. All seven showing up at one time would appear to create sardine conditions.
According to the Tennessee filings, TelexFree’s two corporate officers are James Merrill and Carlos Wanzeler, who also own something called “Clarity Communications.” It’s unclear whether TelexFree’s seven employees also work for Clarity and several other firms associated with TelexFree.
Merrill is in charge of the money at TelexFree and has the ability to “motivate and instill trust in a company,” according to the Tennessee filings.
So, a company affiliates say has global reach, has gathered $1 billion and has the responsibility to pay hundreds of thousands of affiliates, does it all with just seven workers and owns another company called Clarity and several other firms. And when unhappy affiliates show up in the broom closet to demand answers . . . well, there isn’t a whole lot of wiggle room to begin with.
Filings in Tennessee confirm that TelexFree lacks its own underlying telephony infrastructure. Indeed, according to the filings, TelexFree “will resell or utilize the services of existing facilities-based national interexchange carriers in Tennessee, including the services offered by incumbent local exchange carriers.”
The issue here is almost certainly about margins — not only in Tennessee, but in other states — and whether TelexFree can squeeze any profits after it pays for everything else. This question leads to questions about why so many TelexFree affiliates seem to believe they’ll prosper through TelexFree. To put this in context, imagine that any presumptive TelexFree telephony competitor in a low-margin business had put additional pressures on itself by suggesting that $289 sent to the firm would return $1,040 in a year and that $15,125 would return $57,200.
Next imagine that these payouts were “guaranteed.”
This is an epic problem for TelexFree. For starters, the returns are absurd on their face and bring issues such as Ponzi scheme, pyramid scheme, the sale of unregistered securities and securities fraud into play. Moreover, TelexFree relies on banks to conduct business. And yet no legitimate bank ever would assert that a deposit account would provide such a whopping return. Even so, TelexFree affiliates effectively say the company outperforms its own banking vendors by orders of magnitude.
The same company now mysteriously says it is branching out into credit repair, something that potentially makes it a nemesis of the same banks its uses as vendors — while affiliates claim banks are laggards when it comes to producing income, a proposition that leads to questions about why banks haven’t followed TelexFree’s lead in recruiting affiliates and guaranteeing returns that would make Bernard Madoff blush.
At the same time, filings in Washington state show that TelexFree LLC, a Nevada entity, had made intracompany loans to other TelexFree businesses — and had more than $18 million parked at Fidelity Investment. Why does TelexFree have any money parked at Fidelity when, according to affiliates, it can earn 347 percent in a year “guaranteed” by investing in itself?
Where did affiliates get these ideas? Well, from TelexFree itself. In a “Be our promoter” pitch that once appeared on its own website, TelexFree told the troops to send in $299 (the sum also has been reported as $289) and start receiving $20 a week for a year. Meanwhile, TelexFree had an in-house scheme in which it entitled itself to 20 percent of affiliates’ earnings at the end of a year, something that became the subject of affiliate complaints.
As the PP Blog reported on Nov. 17, 2013, at least some TelexFree affiliates were told at a company event in Orlando that the 20 percent payback requirement had been waived. But the requirement appears not to have been lifted. The logistics of collecting 20 percent from each affiliate on a worldwide basis raises questions about whether some TelexFree rainmakers received secret deals that included no payback requirement (or payback discounts) and whether the company structured transactions or relied on a hidden money-moving system to evade bank-reporting requirements when policing up cash from affiliates, whether they received a waiver/discount or not.
Here we’ll point out that the Zeek Rewards MLM Ponzi scheme ($850 million) and the AdSurfDaily MLM Ponzi scheme ($119 million) both made sweetheart deals with insiders. Like Zeek, TelexFree has a purported “advertising” component in which members purportedly get paid for posting ads online. At 1.5 percent a day, Zeek promised to pay the most. On an annualized basis, TelexFree and ASD are in the same ballpark.
Zeek and TelexFree members purportedly get (or got) paid for posting ads. ASD members purportedly got paid for clicking on ads. The concern with TelexFree — as was the concern with Zeek and ASD before it — is that its “product” is just a front to mask an investment scheme.
Maximum Incongruity
As this Blog has pointed out many times, HYIPs are all about incongruity. Tuesday, however, set a new standard for irreconcilable images: cops and citizens potentially in harm’s way in an MLM HYIP broom closet.
Officers appear not to have known that TelexFree is under investigation by the Massachusetts Securities Division. Nor do they appear to have known that TelexFree is under investigation in Brazil and that a judge and a prosecutor reportedly have been threatened with death. Nor do they appear to have known that TelexFree affiliates in Brazil have staged protests in support of the company, something that was the exact opposite of what occurred in Massachusetts on Tuesday.
Our conclusion from observing videos of the broom-closet debacle is that TelexFree, now fueling tensions in the United States and creating worries about economic security after gorging itself nonstop at the 24/7/365 Portuguese and Spanish buffet it created and potentially hoping to establish an Asian smorgasbord, poses a risk to public safety.
Today we call for the Massachusetts Securities Division to brief police. And we call on TelexFree affiliates in Greater Boston and the whole of the state to remain calm and to steer clear of the broom closet occupied by a company that might have put $1 billion on the table. As righteous as your anger is, your answers are not there.
Rather, they are within the part of you that knows an annual return that beats Madoff on the order of 30 to one is too good to be true, that knows the videos and artwork online that suggest TelexFree is much bigger than a broom closet were deliberately designed to deceive, that the “private jet” and monster SUV and other shiny props were cynically calculated to reinforce your dream before cruelly destroying it.
Police did a good job of easing Tuesday’s tensions. And videos made by TelexFree affiliates suggest that reason was the order, not the exception. So, hats off to both the police and duped affiliates for exercising restraint.
We urge affiliates to see TelexFree “corporate” for what it is: the stylized broom closet used by a company that is not paying you after renting ornate hotel accommodations in Madrid, staging the entrance of limousines, posing with giant SUVs, shuttling top recruiters around on a “private jet,” dangerously pandering to the masses in Brazil and Portugal and even sponsoring a professional soccer team in South America.
Steve Labriola, another TelexFree executive, now pathetically calls the HYIP firm alleged in Brazil to be using a VOIP product as a front, a “customer-acquisition company.”
Say no. Avoid TelexFree “corporate” and any fellow member who calls it that. If you are concerned, call the FBI. Call the SEC. Call the Massachusetts Securities Division. Republican or Democrat, right, left or in between, write to President Obama and tell him his 2009 message about domestic and offshore frauds and corporate broom closets was slow to sink in — but that now you understand it because you’ve encountered one up close and personally. In fact, some of you were in the TelexFree broom closet — with police.
In closing, find joy in your Red Sox! May you and they always be “Boston strong.”
BULLETIN: What happens if it is alleged by law enforcement that you’re a Ponzi schemer/affinity fraudster, a business associate of a Ponzi schemer/affinity fraudster or a vendor of a Ponzi schemer/affinity fraudster?
A federal judge has frozen at least 54 bank or financial accounts the SEC has linked to WCM777, an alleged $65 million Ponzi- and pyramid scheme with domestic and offshore conduits.
Accused operator Ming Xu had “authority” over at least 16 of the accounts, according to court filings. Who controlled the others was not immediately clear.
WCM777 was accused of targeting the Asian and Latino communities in a ribald HYIP scam that in part traded on the names of famous businesses, perhaps particularly companies in the hospitality industry. Many immigrants work in the hospitality trades.
The order has a provision that covers “all accounts at any bank, financial institution or brokerage firm, or third-payment payment processor, all certificates of deposit, and other funds or assets.”
Banks/vendors expressly covered by the order include Bank of America, Wells Fargo, Merrill Lynch, Comerica, HSBC, E*Trade, JPMorgan Chase, Citibank, East West Bank and American Continental.
It also became known today that Krista L. Freitag of E3 Realty Advisors of Los Angeles has been appointed receiver. The receiver already has taken control of at least two websites linked to WCM777, including WCM777.com.
U.S. District Judge Christina A. Snyder of the Central District of California has approved the asset freeze and the appointment of Freitag, a forensic accountant.
Snyder has authorized the SEC to conduct depositions “on two days’ notice” and cleared the agency to perform depositions even on Saturdays.
“Depositions may be taken Monday through Saturday,” according to the order.
And Snyder also authorized the SEC to bypass subpoenas and serve “a deposition notice by facsimile, hand or overnight courier” upon “agents, servants, promoters, employees, brokers, associates, and any person who transferred money to or received money from the bank accounts . . .”
Meanwhile, Snyder ordered Freitag “to conduct such investigation and discovery as may be necessary to locate and account for all of the assets of or managed by Defendants World Capital Market Inc., WCM777 Inc., WCM777 Ltd. d/b/a WCM777 Enterprises, Inc., and Relief Defendants Kingdom Capital Market, LLC; Manna Holding Group, LLC; Manna Source International, Inc.; WCM Resources, Inc., and their subsidiaries and affiliates, and to engage and employ attorneys, accountants and other persons to assist in such investigation and discovery.”
The judge also ordered the defendants and relief defendants not to destroy records and to repatriate assets.
UPDATED 8:45 PM EDT (U.S.A.) Already under investigation in Brazil and Massachusetts and linked to at least one affiliate allegedly involved in an earlier pyramid- and affinity-fraud scheme aimed at the Brazilian community, TelexFree acknowledged in a news release this morning that it had a presence in the economically challenged nation of Rwanda.
But TelexFree said it was not the firm banned from the African country by the Ministry of Trade and Industry on March 14.
TelexFree’s pushback at African media reports came on the same day the SEC announced a pyramid- and Ponzi case against WCM777, another MLM “program.” WCM777, which has some promoters in common with TelexFree, was accused of targeting Asians and Latinos and using multiple names to gather and move money.
A recent ad on an auction site offered 550 TelexFree “AdCentrals” for $16,760, a purported discount of $8,190. The AdCentrals, according to the ad, would provide a “minimum” return of $56,100. Where the ad originated is unclear.
Rwanda, TelexFree claimed, was not even on its “radar” until reports of tax evasion and money-laundering linked to the TelexFree name surfaced in African media.
“As far as we can tell, this has nothing to do with us other than the fact that somebody is making illegal use of our name,” TelexFree said in a news release. “We have in the neighborhood of half a million customers worldwide, and 121 of them are in Rwanda. But we have no connection with P.L.I. Telexfree Rwanda Ltd., the company shutdown in Rwanda. That company allegedly has been in business for 14 years, whereas we just celebrated our second year in business. We’ve checked our records and find no evidence of the names of the persons associated with that company registered as either our customers or agents. Rwanda wasn’t on our radar until this report hit the Internet.”
TelexFree did not say how it defined “customers.” Some promoters have claimed $15,125 sent to the firm returns $57,200 in a year through the purchase of “AdCentrals” offered alongside a VOIP service.
Massachusetts-based TelexFree said it believes the Rwanda matter “to be a case of mistaken identity” and that it had “not been contacted by the Rwandan government.”
Nor does TelexFree “have any reason to believe any action has been taken against it” in Rwanda, the firm said.
TelexFree, an MLM company, says it is in a number of businesses, including VOIP, an Internet telephone system.
Claims in the TelexFree news release were not attributed to a TelexFree corporate officer or executive. Rather, the assertions were attributed only to TelexFree itself. Why the firm chose not to quote an executive to refute the serious allegations in news reports was not immediately clear.
“It’s both the power and the challenge of VOIP,” TelexFREE explained in its news release. “Virtually anyone can register and use the system. The best we can figure out right now is that somebody is using our sales program to channel their own agenda, and that kind of repackaging is strictly prohibited by our Policies and Procedures. Our attorneys are doing all they can to find out what is going on.”
A Facebook site styled “telexfreerwanda” and dubbed “Telexfree Rwanda Team” has been promoting TelexFree since at least Jan. 17.
Here is one of the claims on the Facebook site (italics added):
A 14 year old Company with an Opportunity for YOU to get hired (as a Promoter) and you start getting paid on average 100 US$ each week for 52weeks. JOIN IT.
The prompt to “JOIN IT” appears to be a reference to TelexFree itself. And the assertion of a “14 year old Company” appears to reflect similar claims about TelexFree that have appeared on the web since at least July 2013, even though TelexFree says it is only two years old.
American MLMers have made claims similar to the claims on the Facebook site.
Any number of TelexFree affiliates appear to be confused about how long the company has been operating. Last summer, some affiliates claimed nine years. Others said 11 and 13 years.
In addition, the Facebook site says TelexFree can be visited “above Viva Supermarket.” On March 18, RwandaEye reported that the banned Rwandan enterprise operated from the top floor of a Viva supermarket in Remera. At least three links from the Facebook site resolve to the website of TelexFree, suggesting the operator or operators of the Facebook site are TelexFree affiliates.
The Facebook site uses affiliate identifiers such as “innosantana,” “innosanta01” and “innosanta1301.” Here is one example of a URL from the site: http://www.telexfree.com/innosantana
TelexFree did not say whether Haiti was on its radar. At a Boston pitchfest earlier this month, a man claimed from the stage that TelexFree reps recently flew on a “private jet” from the Dominican Republic to Haiti, perhaps the poorest nation in the Western Hemisphere.
TelexFree is based in a shared-office facility in Massachusetts, sharing a suite with at least 25 other firms. Promos have sought to plant the seed that TelexFree occupied the entire structure. The firm has been associated with a growing list of companies in various states, some of which use the name “TelexFree” and others that simply use “Telex.”
A document dated-stamped March 20 and on file at the Idaho Public Utilities Commission claims “[a]pplicant’s legal name is TelexFREE Telephone Company, LLC, with its principal place of business located at 225 Cedar Hill Street, Suite 200, Marlborough, MA 01752.”
That’s also the address of TelexFree Inc. at the shared office facility. There’s also a TelexFree LLC in Nevada.
The Idaho filing stressed in all-caps that TelexFree wanted its financial information kept “CONFIDENTIAL.” In Washington state, the Utilities and Transportation Commission published a document in February that asserted TelexFree LLC had made millions of dollars in intracompany loans to other TelexFree-related enterprises, including to TelexElectric LLLP, Telexfree Financial Inc., TelexMobile and Ympactus.
Filed by a self-identified TelexFree “consultant,” the Washington document also claimed TelexFree LLC had “21,613,289.00” in “Federal Income Taxes Payable” and another “3,924,262.30” in “State/Local Income Tax Payable” on its balance sheet as of Dec. 31, 2013.
UPDATED 7:15 P.M. EDT (U.S.A.) The website of TelexFree has been promoting a March 26 (today) “conference” at the Kowloonbay International Trade & Exhibition Centre in Hong Kong, with tickets priced at $150. Whether the event actually took place is unclear. A search of the KITEC website returned no result for TelexFree — on the 26th or any other date.
Whether TelexFree qualified for a listing on KITEC’s events calendar and search index was not immediately clear. It is now March 27 in Hong Kong. The KITEC site showed no March 26 conference events for any sponsor.
Other than a rolling promo on TelexFree’s website, there appears to have been virtually no publicity surrounding the advertised March 26 Hong Kong event.
Separately, the PP Blog has learned that TelexFree may have gathered as much as $270,600 if a Boston confab earlier this month sold out. Tickets to the Boston event were advertised at $164, with capacity originally set at 1,000 before being expanded to 1,650.
TelexFree is under investigation in Massachusetts, its home state. It’s also under investigation in Brazil, amid pyramid-scheme allegations. TelexFree recently got kicked out of Rwanda.
UPDATED 12:21 P.M. EDT (MARCH 28, U.S.A.) Whack-A-Mole. Here’s the latest disturbing incarnation: On March 20, the Autorité des marchés financiers (AMF) published a warning on a gold “program” known as Karatbars International GmbH. BehindMLM.com spotlighted the warning yesterday.
From the AMF warning (bolding added): “With the company’s ‘Affiliates’ program, investors can make Internet-based purchases through Karatbars plans and they are encouraged to recruit two other Affiliates. These Affiliates are in turn encouraged to recruit two other Affiliates each, and so on. Affiliates are lured by the possibility of earning large payouts, in particular through a percentage of amounts collected from the Karatbars plans and gold products purchased by referrals.”
These things apparently meant little to former Zeek Rewards’ pitchman Lloyd Merrifield, who “defended” Karatbars International on BehindMLM. Zeek was an international Ponzi scheme that gathered at least $850 million, according to court records.
AdViewGlobal was an international Ponzi scheme that gathered an unknown sum before vanishing mysteriously in 2009. U.S. federal prosecutors linked it to ASD in April 2012.
Merrifield also was a pitchman for Ad-Ventures4u (ADV4U), an ASD-like HYIP scam tied to shiny-object scam known as “TradingGold4Cash.” And why not Tazoodle, a search-engine “program” whose “board” consisted of former ASD members who had the big idea they were going to unseat Google? Yep. Merrifield was there, too.
Along with ADV4U and Tazoodle, Merrifield pitched something called “20Clicks” as part of an overall package known as “The Golden Eggs.” (In 2009, the 20 Clicks website said it was “Powered by USHBB.com.” USHBB later was associated with the Zeek Rewards Ponzi scheme and is listed as a “winner” in a document assembled by the court-appointed receiver in the Zeek Ponzi/pyramid case.)
At least one HYIP pitchfest site that describes Merrifield as a “featured speaker” for Karatbars International has led cheers for “programs” such as AdHitProfits and MyFunLife and BannersBroker — and an emerging darling known as FlexKom. The site also has pushed “ProfitClicking,” one of the JSSTripler/JustBeenPaid reload scams linked to former ASD pitchman Frederick Mann.
Mann, among other things, may have ties to the “sovereign citizens” movement.
Merrifield, perhaps ignoring this 2010 FINRA warning on HYIP schemes and social media, pitches Karatbars International on YouTube and coaches viewers to line up recruits via craigslist.
Source: YouTube
On BehindMLM, Merrifield says he’s been “in the Investment Banking industry for over 35 years.”
As always, HYIP “programs” and similar ventures that may lack licensing in individual jurisdictions across the world raise the prospect that banks and payment processors are coming into possession of funds tainted by fraud. In some cases, those funds have circulated between and among various schemes.
A quick Google search shows that some pitchmen are promoting Karatbars International alongside TelexFree, a “program” under investigation in North America, South America and Africa. TelexFree also has been promoted in concert with the WCM777 MLM scam.
From a video pitch that simultaneously pushes Karatbars International and TelexFree.
