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  • UPDATE: California Man Who Allegedly Filed ‘False Liens’ In Bizarre Paperwork Attack Against Law Enforcement Claimed IRS Owed Him $82 Billion

    A California man accused of filing “false liens” against public officials in pursuit of their duties also filed a “bogus” tax-refund claim with the IRS for the preposterous sum of $82 billion, federal prosecutors said.

    Thanh Viet Jeremy Cao and his business, Phoenix Financial Management Group, now have been permanently barred by a federal judge from preparing federal tax returns.

    Cao was found in a civil case to have “prepared numerous federal tax returns” for clients, “claiming a total of over $200 million in tax refunds based on false representations of tax withholdings,” prosecutors said.

    He filed for a bogus refund of $82 billion “on his own 2009 income tax return,” prosecutors said.

    The scheme centered on a “frivolous” theory that the U.S. government established “secret” Treasury Department accounts for citizens in the 1930s and that citizens can “draw” on the accounts to pay their taxes and other debts. The theories sometimes are known as “redemption” or “straw man.”

    One part of the bogus theory holds that the “secret” accounts contain enough money to make every American a millionaire and that the accounts can be tapped to satisfy debts, including tax debts. Another part of the theory holds that the secret money can be accessed by filing tax forms, including Form 1099-OID, which is why the fraud also sometimes is referred to as an “OID redemption” scheme

    Cao is required to provide the government with a list of people for whom he has prepared tax returns since Jan. 1, 2005, and notify those people of the court’s order, prosecutors said.

    A criminal prosecution against Cao is proceeding on a separate track.

    See earlier story on Cao’s alleged “false liens” scheme.

  • BULLETIN: Minnesota Ponzi Scheme Bilked Banks Of $80 Million, Feds Say; Corey N. Johnston Charged With Bank Fraud, Tax Crime

    Another spectacular Ponzi case has emerged in Minnesota just months after federal prosecutors charged Trevor Cook in an alleged $190 million scam and Tom Petters was convicted in a $3.65 billion scam.

    Charged in a new scheme today was Corey N. Johnston of Lakeville, a Minneapolis suburb. The Minneapolis/St. Paul region also is the home base of the Cook and Petters’ cases, and a number of smaller cases.

    Johnston is charged with fleecing banks on loan deals through a company known as First United Funding (FUF). Prosecutors estimated losses at $79.5 million, describing the crime as a “loan participation” scheme in which Johnston oversold interests in the same loan to multiple banks.

    Loan participation is a practice in which a bank pays an original lender all or a portion of a
    particular loan and then assumes that loan, along with its associated risk.

    “Johnston’s alleged scheme involved selling more than 100 percent participation in at least
    ten different loans arranged through FUF,” prosecutors said. “In each instance, Johnston
    failed to disclose that the total participation exceeded 100 percent of the original loan, making it impossible for the participating bank to receive the full amount of money expected.”

    On one deal involving a project known as White Out Way Investments, Johnston sold 100 percent participation to Western National Bank, prosecutors said.

    “At the same time, however, he allegedly convinced several other banks to participate in the loan, including 100 percent participation by The National Bank in Bettendord, Iowa, as well as partial participation by four other lending institutions. In all, Johnston purportedly solicited and received $23.65 million from six banks for the $7 million loan.”

    In a second deal for a project known as JM Land Development II, Johnston once again targeted Western National, selling it 100 percent participation.

    “Simultaneously, however, he reportedly obtained full loan participation from Choice Financial, The National Bank, and Hillcrest Bank, along with partial participation from four other banks,” prosecutors said. “Johnston allegedly solicited a total of $38.65 million for an $8 million loan.”

    Johnston was charged with filing a false tax return amid allegations he failed to report his fraudulent income and underpaid his taxes in 2005 by nearly $509,000, prosecutors said.

    All in all, the scheme ensnared 17 lenders, prosecutors said.

    “Johnston used some of the proceeds of the fraud to repay other loans and perpetuate the scheme,” prosecutors said. They added that he “reportedly diverted some of the fraud proceeds for his personal use as well as for use by family members.”

    Cook pleaded guilty in April and is awaiting sentencing. On Wednesday, the court-appointed receiver in his case announced that federal agents had found more than $400,000 in loot from the scheme July 23, months after Cook had been ordered to reveal the whereabouts of assets to investigators. The loot allegedly was in the control of Graham Cook, Trevor Cook’s brother.

    Trevor Cook was jailed in January for contempt of court after a federal judge ruled that Cook had disregarded an order designed to preserve assets for victims.

    Petters was found guilty in December and sentenced in April to 50 years in federal prison. He is appealing the sentence. The Petters’ fraud is believed to be the largest in state history and one of the largest in U.S. history.

    In February, the U.S. Secret Service seized about $26 million from bank accounts related to INetGlobal, a Minneapolis-based autosurf firm. INetGlobal is under investigation amid allegations it was operating a Ponzi scheme.

    In November 2009, Gerard Frank Cellette Jr. was implicated by prosecutors in an alleged $53 million Ponzi scheme in Minnesota. In April — on the very same day Petters was sentenced — a federal judge froze the assets of Renee Marie Brown after the SEC accused her of ripping off clients by persuading them to invest in a mysterious vehicle known as “Fund X.”

    Brown also lives in the Minneapolis region.

    Other recent fraud cases in Minnesota included the Charles “Chuck” E. Hays case ($20 million), and the Kalin Thanh Dao case (up to $10 million).

  • EXPLOSIVE REVELATION: FBI, IRS Find More Than $400,000 In Stashed Loot In Trevor Cook Ponzi Case, Including More Than $200,000 In $100 Bills, Gold Coins, Watches, Baseball Cards

    Part of the loot the FBI and the IRS found under the alleged control of Graham Cook on July 23.

    Trevor Cook’s brother was hiding more than $400,000 in cash and valuables from a $190 million Ponzi scheme, according to an extraordinary statement by the court-appointed receiver in the case.

    The loot was found July 23 — after Trevor Cook, whose plea agreement in the case required him to submit to a lie-detector test if requested by the government — “flubbed” the test, according to the Star Tribune of Minneapolis/St. Paul.

    Graham Cook, Trevor Cook’s brother, has not been charged in the case. But the revelation that proceeds from the scheme allegedly were under his control and concealed for months from investigators and two federal judges presiding over elements of the case raise troubling, new questions about Trevor Cook’s capacity to tell the truth in any context and whether Cook and others had stashed money elsewhere.

    Trevor Cook was jailed in January by Chief U.S. District Judge Michael J. Davis for concealing assets and spending money frozen by court order on Nov. 23, 2009. Davis, who is presiding over the civil elements of the case filed by the SEC and the CFTC, said the government had established that Cook had violated the court order.

    Another part of the loot.

    At the time, Cook made a technical argument that he had not been properly served in the case at the Van Dusen mansion in Minneapolis on Nov. 24 and thus was not bound to follow the order, a position that gave short shrift to the hundreds of victims in the case, some of whom had been rendered destitute.

    Victims complained that Cook was thumbing his nose at both the court and investors. Cook also asserted his 5th Amendment right against self-incrimination, which caused victims to wonder what else he could be hiding.

    Davis did not buy any of Cook’s story, and jailed him.

    “[C]opies of said Orders were shown to Cook, and the relevant portions of the Orders were explained to him by the Receiver” on Nov. 24, 2009, Davis ruled. Regardless, Cook later used frozen assets to purchase $7,510 in gift cards from Cub Foods and $16,000 in gift cards from Target.

    “Given the amount of investor money at issue, and Cook’s repeated violations of the Asset Freeze Orders, the Court finds that the appropriate remedy for the contempt finding in this case is to incarcerate Cook until such time as he purges such contempt.”

    Jail was an appropriate remedy for Cook, even in a civil case, a top SEC official said at the time.

    Sports collectibles, such as this baseball card of Minnesota Twins' immortal Kirby Puckett, also were part of the stash.

    “Mr. Cook has elected to disregard the court’s orders and will now be a guest of the federal correctional system until he mends his ways,” said Merri Jo Gillette, director of the SEC’s Chicago Regional Office.

    In March, while Cook was jailed in the civil case, prosecutors charged him criminally with mail fraud and tax evasion, opening up a new round of litigation over which U.S. District Judge James M. Rosenbaum is presiding.

    Cook pleaded guilty to the criminal charges in April. His plea required him to take a lie-detector test “if requested” by prosecutors to determine “whether he has truthfully disclosed the existence of all of his assets and the use of the fraud proceeds.”

    It is believed the test was administered in mid-July, prior to Cook’s scheduled sentencing date of July 26. Sentencing has been postponed until Aug. 24, and Rosenbaum may have to determine whether Cook once again has thumbed his nose at the court, prosecutors, victims and the receiver in a bid to prevent the discovery of funds that could be used to make the victims as whole as possible.

    The discovery of the funds also raises questions about whether Cook failed to disclose the whereabouts of assets in a bid not to implicate others in the scheme.

    The stash also included Rolex and other expensive watches.

    Cook’s plea agreement also required him to to “fully and completely disclose to the United States Attorney’s Office the existence and location of any assets in which he has any right, title, or interest and the manner in which the fraud proceeds were used.”

    Prior even to Cook’s polygraph exam, R.J. Zayed, the court-appointed receiver, raised questions about Cook’s cooperation and level of truthfulness. The plea agreement, as written, conceived a 25-year sentence for Cook, although prosecutors said Rosenbaum had the final say.

    Victims fretted that Cook, who is in his late thirties, could emerge from prison as a relatively young man in his early sixties and have access to money that had been hidden from the court, investigators and the receiver.

    Zayed now says that federal prosecutors, the FBI and the IRS found the hidden loot July 23.

    Seized from Graham Cook were “$202,600.00 in cash, 2891 gold and silver coins, 27 watches, some sports memorabilia cards and other personal property belonging to the Receivership,” Zayed said yesterday.

    “A rough estimate of the value of the coins is approximately $200,000.00 to $225,000.00,” Zayed said.

    Read the Star Tribune story.

    Read this PP Blog story from April in which victims said they believed Cook was lying about the whereabouts of assets.

    Read this June PP Blog story in which Cook victims said they sought a meeting with prosecutors to delay Cook’s sentencing until more facts emerged. Victims said they feared he stashed money and covered his tracks so well that he could emerge from prison and benefit from his crime — or perhaps permit insiders or unknown criminal colleagues to benefit from the fraud while he is jailed.

    Read this July 12 PP Blog story in which a source told the PP Blog that Cook would be subjected to a lie-detector test.

    Read Zayed’s remarkable statement and see photos of the loot.

  • SEC: Felons, Recidivists Pushed ‘Green’ Energy Securities Swindle Through California ‘Boiler Room’; 6 People Charged In $11 Million Fraud Case

    About 200 investors turned over $11 million to a boiler-room operation selling investments in a purported “green” energy company, the SEC said.

    The alleged swindle in which Kensington Resources Inc. sold unregistered shares of American Environmental Energy Inc. (AEEI) was pulled off by a convicted felon with the help of a recidivist securities offender, the SEC alleged.

    Also charged in the case was yet-another convicted felon who was sentenced to federal prison more than a decade ago for telemarketing fraud, along with yet-another recidivist securities fraudster sued by the SEC in in 1998, according to records.

    All in all, the SEC charged six people in the alleged boiler-room caper:

    • Joseph Rudolph Porche, 51, of Aliso Viejo, Calif. Porche, one of two alleged ringleaders and the former chief executive officer of Kensington, pleaded guilty in 2001 to four counts of mail fraud and was sentenced to 37 months in prison, the SEC said. Federal records show he was released from prison in 2003.
    • Larry Ray Crowder, 53, of Newport Coast, Calif. Also named a ringleader by the SEC, Crowder is Kensington’s former president. Crowder was charged by the SEC in 1998 with raising at least $15.7 million from more than 600 investors in an oil-and-gas venture. The oil-and-gas scheme involved misrepresentations in the sale of limited partnerships, the SEC said.
    • Gary Kennan Juncker, 47, of Rancho Santa Margarita, Calif. Juncker is a former senior vice president at Kensington. In 1998, according to records, Juncker was convicted on four counts of mail fraud in a telemarketing scheme and was sentenced to 30 months in prison. Federal records show he was released from prison in 2000.
    • Dale Jay Engelhardt, 46, of San Clemente, Calif. Engelhardt, a former member of Kensington’s sales staff, was one of Crowder’s co-defendants in the 1998 swindle, the SEC said.
    • Konrad Christian Kafarski, 40, of Trabuco Canyon, Calif. Kafarski is the former senior vice president of business development at Kensington.
    • Carlton Ladell Williams, 51, of Coto de Caza, Calif. Williams is a former senior vice president at Kensington.

    “Most of the funds raised were kept by Porche and Crowder to fund their lavish lifestyles and only $315,000 of the $11 million raised went to AEEI,” the SEC alleged.

    AEEI was a penny stock. The 1998 case in which Crowder and Englehardt were charged involved a company that went by the acronym “EEI,” which stood for “Environmental Energy Inc.,” according to the SEC.

  • BULLETIN: Montana Declares ACN Inc. A ‘Pyramid Scheme’; Cease-And-Desist Order Issued Amid Allegations Deck Is Stacked Against MLM Participants

    BULLETIN: ACN Inc., a North Carolina-based multilevel-marketing company that bills itself “The World’s Largest Direct Seller of Telecommunication Services,” has been accused by the state of Montana of operating a pyramid scheme.

    Monica J. Lindeen, Montana’s Commissioner of Securities and Insurance, has issued a cease-and-desist order against ACN and a Notice of Proposed Agency Action.

    “Pyramid schemes are immensely profitable to a few individuals at the top and a complete loss for almost everyone else,” Lindeen said. “The actions against ACN and its officers seek to shut down the company’s alleged unlawful operation before more people lose their hard-earned money.”

    Also named in the actions were Gregory Provenzano, Robert Stevanovski, Anthony Cupisz and Michael Cupisz, all officers and founders of ACN, according to Lindeen’s office.

    “[A]n overwhelming portion of revenues earned by ACN representatives was derived from participants who must personally buy a telephone service that does not work in many parts of Montana to become managers or recruit new participants into the program,” Lindeen’s office said.

    Investigators said the odds of making any money in ACN were overwhelmingly against participants.

    “In 2008, ACN recruited 91 Montana participants who paid approximately $61,741.69 to be a part of the program,” Lindeen’s office said. “Only two of the participants made any money, with one participant making $696 and the other making $700.”

    In the whole of 2009, according to investigators, Montana-based reps paid ACN nearly $239,000 to be a part of the program. The money came from more than 300 participants.

    “ACN’s records indicate a mere $896.86 was paid out in compensation to these participants,” Lindeen’s office said.

  • DEVELOPING STORY: Feds Make Major Arrest In Tax Case Linked To Offshore Forex Fraud Scheme Known As Tradex; Arthur A. Ferdig, Who Claimed To Be ‘Taught By Angels,’ Detained On Felony Warrant

    Arthur A. Ferdig

    DEVELOPING STORY: Arthur A. Ferdig, who purported to be “taught by Angels and other wonderful beings of light, including the Christ Energy, Holy Spirit and more,” has been arrested and is listed as “in transit” to an unspecified federal detention facility.

    Ferdig, 70, was indicted under seal in April 2009 for evading taxes on income of more than $6.4 million tied to a failed Forex scheme known as Tradex, which operated in the Caribbean and allegedly gathered more than $100 million before collapsing.

    At the time of the indictment, federal prosecutors in California asked that the charges be filed under seal because Ferdig, a U.S. citizen, was known to spend long periods “overseas,” was believed to be living in California “under a false name” and was considered a “serious” flight risk.

    Ferdig fancied himself “The Bridge” between angels and earthlings. His non-Forex product lineup included “Angel Tears,” defined on his website as “an all-natural, bio-trace  mineral tincture developed to enhance  human health and vitality.”

    A federal magistrate judge has ruled Ferdig indigent, and a public defender has been appointed.

    The case against Ferdig, who called his online followers “Truth-Seekers,” remained sealed for more than a year as investigators sought his arrest. That arrest occurred at an unspecified location on June 27, 2010. Ferdig was arraigned in West Palm Beach, Fla., according to records.

    He is listed as “in transit” to an unnamed federal detention facility, according to the Federal Bureau of Prisons. Prosecutors said he had not filed a tax return for at least 15 years and owed nearly $2.5 million in taxes for the 2002 calendar year.

    Wire transfers to “shell companies” were used to evade the taxes, according to the indictment.

    Ferdig claimed to have met his first angel, Metatron, on Sept. 22, 2002, while Ferdig was peering over rocky sea cliffs in Negril, Jamaica. He later met Gabriel, Michael, Uriel, Ezrael, Ariel, Raphael, Muriel, Bethany “and other wonderful and loving angels and spirits of light,” according to his website.

    NOTE: Make sure you read this story from September 2009 in Wired UK. (It very well may blow your mind.)

    Visit the Tradex liquidator’s site. (You’ll find case documents there. They, too, may blow your mind. Although Tradex purported to have millions of dollars under management, missives to investors were signed “The TRADEX Management and Staff” or “The Tradex Management.” Here is the first report by the liquidator,  a serious document that shows just how bizarre Ponzi investigations can become.)

  • 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.”