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  • FINRA/SEC Move Against New York Firm; Second Major Case In 24 Hours; Clients Suspect Colossal Ponzi Fraud At McGinn, Smith & Co.

    Another investigation into allegations of spectacular financial fraud is under way in New York. The case against McGinn, Smith & Co. of Albany is the second to rock the state in the past 24 hours.

    The Financial Industry Regulatory Authority (FINRA) filed a complaint against the company and its president David L. Smith yesterday. The SEC filed a complaint immediately on the heels of FINRA’s complaint, alleging a stunning fraud that may involve at least $120 million.

    “McGinn and Smith deceived investors about the true purpose behind these offerings,” said Andrew M. Calamari, associate director of the SEC’s New York Regional Office. “They falsely promised investors a profitable payday but secretly siphoned off money for their own payroll.”

    Multiple companies are involved, the regulators said. None of the offerings was registered, and the firm has been charged with selling unregistered securities. The SEC is seeking an emergency asset freeze.

    “[T]he debt offerings have been sold to hundreds of investors through four funds and at least 18 trusts created by MS & Co. affiliates,” the SEC said. “They made a host of representations about the extent of due diligence they had performed, among other things. Contrary to their representations to investors, McGinn and Smith used much of the money raised in these offerings to make prohibited investments in their other businesses or make unsecured loans to financially support them.

    “They also misused investor funds to pay exorbitant commission and transaction fees to their affiliated entities and make interest payments to investors in the other entities,” the SEC said.

    For its part, FINRA said “Smith and McGinn provided falsified documents, submitting backdated promissory notes for personal loans they and others previously received from two of the Related Entities.”

    The SEC added that “the full extent of the fraud is not yet known, [but] it appears that investors are currently owed at least $80 million.” Losses could total $84 million or more, according to court filings.

    Named defendants by the SEC were McGinn, Smith & Co. Inc.; McGinn, Smith Advisors LLC; McGinn, Smith Capital Holdings Corp.; First Advisory Income Notes LLC (FAIN); First Excelsior Income Notes LLC (FEIN); First Independent Income Notes LLC (FIIN); Third Albany Income Notes LLC (TAIN); Timothy M. McGinn and and David L. Smith.

    Clients became worried last year, the SEC said.

    “In 2009, Smith and McGinn received e-mails telling them the investors were wondering ‘if they’ve bought into a Ponzi Scheme,’ and a MS&Co. broker reported to McGinn and Smith that there are ‘many people who refer to our deals as a Ponzi Scheme,’” the SEC said.

    “As of September 2009, it appears that investors in the four Funds were owed at least $84 million, that the Four Funds had less than $500,000 in cash on hand, and that their remaining assets were worth only a small fraction of the amount owed to investors,” the SEC said.

    “Similarly, the Trusts have a negative equity of approximately $18 million, and have never had the ability to pay the interest rates promoted to investors and also pay back principal,” the SEC continued. “Nonetheless, McGinn and Smith have continued to raise money from investors, using similar misrepresentations, as recently as December 2009. During the first few months of 2010, contrary to representations to investors, McGinn and Smith have continued to drain what little cash remains through payment of ‘fees’ to themselves.”

    In the past 24 hours alone, investigators in New York have alleged that separate financial frauds involving multiple companies and individuals may have fleeced investors out of $101.5 million or more.

    Earlier today, federal prosecutors and the SEC moved against Gryphon Holdings Inc. and related entities of Staten Island. Five people were arrested in the case, which the SEC said involved the illicit collection of at least $17.5 million over the past three years.

  • FIVE ARRESTED: SEC Says Bogus Stock-Tips Website Faked Testimonial From George Soros; Gryphon Holdings Inc., Kenneth E. Marsh, Others Charged With Operating ‘Sham’

    BULLETIN: Five people have been arrested in New York on charges of conspiracy to commit securities fraud and wire fraud.

    Their preliminary court appearances  are occurring now — and the allegations in the case are spectacular.

    Separately, the SEC has gone to federal court in New York to obtain an emergency court order freezing the assets of a company and defendants allegedly involved in the fraud. The company is a Staten Island investment-advisory business that allegedly sold bogus stock tips from “fictional trading experts.”

    Federal prosecutors said the firm has no trading desk, despite professing to have a “legendary” one. Prosecutors added that false academic claims about “Harvard, Oxford, Colombia, and Wharton” were part of the scheme — and that the purported ringleader used multiple names to pull off the fraud.

    U.S. District Judge Jack B. Weinstein of the Eastern District of New York granted the emergency freeze.

    Charged criminally in the case were Kenneth E. Marsh, 43, of Staten Island; Baldwin Anderson, 55, and Robert Anthony Budion, 28, both of Staten Island, Jeanne Lada, 44, of Freehold, N.J., and James Levier, 34, of Beachwood, N.J.

    Each of the criminal defendants also was named a defendant in the SEC’s civil case, which also names Gryphon Holdings Inc., which is operated by Marsh.

    Several relief defendants who benefited from Gryphon’s alleged misconduct also were named in the SEC’s civil complaint.

    “Gryphon and its associates attracted clients through postings on the Internet that falsely exaggerated their investment prowess,” said George S. Canellos, director of the SEC’s New York Regional Office. “They sold a bill of goods by pretending to be legitimate money managers with a long track record of extraordinary returns, distinguished clients, and hundreds of millions of dollars under management.”

    The company  “touted offices on Wall Street and around the world while, in reality, defrauding investors from a strip mall on Staten Island,” said David Rosenfeld, associate director of the SEC’s New York Regional Office.

    “Gryphon was nothing more than a sham designed to separate clients from their money,” Rosenfeld said.

    Like other recent securities cases, the complaint reads almost like a work of fiction. Multiple company names were used, and multiple aliases were used to pull of the scam, authorities said.

    “Gryphon is a New York corporation doing business under various names, including Gryphon Holdings, Gryphon Financial, Gryphon Daily, Gryphon Consulting Group, Gryphon Hedge Fund Partners LLC, Gryphon Management Hedge fund, Gryphon Financial UK Ltd, and Gryphon Australia,” the SEC said in the complaint.

    “Gryphon’s physical offices are located in a strip mall in Staten Island, New York, but the firm’s Internet posts depict an international operation with offices located on Wall Street, in Chicago, California, London, England, and Australia,” the SEC said. “The firm claims to have twenty-five to thirty employees and affiliations with expert, successful securities traders.”

    The defendants also used aliases, the SEC said.

    “In communications with Gryphon’s prospective or existing clients, Defendant K. Marsh has used various aliases, including ‘Kenneth Maseka,’ ‘Michael Warren,’ and ‘Marcus Thorn,’” the SEC said. Federal prosecutors added that “Warren” and “Maseka” are fictional, and the SEC said “Thorn” was, too.

    Other bogus storylines and identities included “Chris Wolfe,” whose average profit since 1995 purportedly ‘exceeded 1000% per trade’; ‘Marc Seigel,’ who purportedly ‘manage[s] in excess of 700 million in daily option trading volume’ and whose ‘talents trading options can be traced back five generations’; ‘John Gage,’ a graduate of Columbia and Wharton, a partner at Gryphon Financial and head of ‘equity Hedge Strategies,’” the SEC said.

    The bogus “Marcus Thorn” was claimed to have “delivered ‘189% gain’ on an ‘Intel play in one day,’” the SEC said.

    Marsh was banned in 2007 by the National Association of Securities Dealers, the predecessor to the Financial Industry Regulatory Authority, “from associating in any capacity with any firm that is a member of the NASD,” the SEC said.

    “Since at least 2007, Gryphon has advertised its services on several websites, which at various times included, among others, www.gryphondaily.com, www.gryphonfmancial.net, www.poisonpilltrader.com, www.cnbceffect.com, www.6ammoneymachine.com,” the SEC said.

    “Gryphon describes itself as the ‘World’s No. 1 Investment Newsletter,’ and provides its investment recommendations through various services bearing names such as ‘6AM Money Machine,’ ‘Raging Bull,’ ‘Wolves of Wall Street,’ ‘Wall Street’s Most Wanted,’ ‘Put Play of the Day,’ ‘Pure Profit,’ ‘WolfOption Trader VIP,’ ‘Elite Option Service,’ ‘Inner Circle,’ ‘Brain Trust,’ and ‘Mafia Trader.’ Once a client pays Gryphon for one or more of these advisory services, Gryphon representatives provide the client with investment recommendations on an individualized basis via telephone, e-mail, and/or through a password-protected section of Gryphon’s website,” the SEC said.

    Meanwhile, the SEC said fake testimonials were part of the scheme.

    “Gryphon’s website and promotional materials were also replete with false testimonials from clients about its performance and affiliations, and a purported endorsement of Gryphon by George Soros, that in fact Gryphon fabricated.

    “Gryphon claimed that Soros stated: ‘Alone the traders of Gryphon Financial are incredible, together the [sic] are unstoppable.’  The client testimonials falsely attested to the success of Gryphon’s recommendations, which purportedly resulted in a ‘huge nest egg,’ the ability to buy expensive cars, and freedom to no longer work,” the SEC charged.

    The scheme gathered more than $17.5 million over the past three years, the SEC said.

    Read the agency’s astonishing complaint.

  • Former Enron Prosecutor Chosen To Direct Financial Fraud Enforcement Task Force; Website Debuts

    The executive director of the newly created Financial Fraud Enforcement Task Force is a veteran federal prosecutor who served on the team that shined the light on the spectacular fraud of Enron Corp. and gained the convictions of former executives Kenneth Lay and Jeffrey Skilling in 2006.

    Meanwhile, the Task Force now has its own website — StopFraud.gov — and is targeting fraudsters and criminals who have fleeced the American public through Ponzi schemes, mortgage fraud, tax schemes and other financial crimes, the Justice Department said.

    StopFraud.gov is designed to be an information hub and educational resource that “combines resources from a wide range of federal agencies on ways consumers can protect themselves from fraud and report fraudulent activity.”

    Tens of thousands of people — from Enron employees to employees of the Arthur Andersen accounting firm — lost their jobs because of the Enron fraud and the accompanying accounting scandal. Investors lost fortunes.

    Robb Adkins, who became executive director of the Task Force in February, was on the Enron prosecution team in the main case and was the lead prosecutor in Lay’s separate trial for bank fraud. The Enron case ranks among the largest frauds in U.S. history.

    Adkins formerly was the top federal prosecutor in Orange County, Calif., working out of the Ronald Reagan Federal Courthouse in Santa Ana.  He was a special prosecutor in the Enron trials, which were held in Houston.

    “The Financial Fraud Enforcement Task Force is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud, but one of our best partners in the fight is a vigilant, informed public,” said Adkins. “Throughout government there are resources to help hardworking, honest Americans protect themselves from fraud and report fraud, and StopFraud.gov will connect the public with those valuable tools.”

    President Obama created the Task Force by executive order in November. One of the first cases it tackled was the prosecution of Minnesota resident Trevor Cook in a $190 million Ponzi scheme.

    Cook, 37, pleaded guilty last week to mail fraud and tax evasion. He is jailed awaiting sentencing, and his plea agreement requires him to cooperate with the government and the court-appointed receiver in the case to recover assets.

    Among other things, Cook, who purportedly bought a submarine to access his island retreat in Canada, is required to take a lie-detector test “if requested” to determine “whether he has truthfully disclosed the existence of all of his assets and the use of the fraud proceeds.”

  • Another HYIP Pushed By ASD Members Now DOA; Cypriot, Canadian Securities Regulators Issue Warnings About Genius Funds; Regulator Seeks Criminal Probe

    Regulators in Cyprus have referred Genius Funds for criminal investigation and released a warning that the company “[is] not permitted to provide investment and ancillary services in the Republic.”

    Genius Funds, a darling of the HYIP world,  was heavily promoted on the Ponzi boards. The program also is known as Genius Investments. The program was referred for criminal investigation by the Cyprus Securities and Exchange Commission, which also issued the warning. The announcement that the case was referred for criminal investigation was made Friday in Cyprus.

    One of the matters referred for criminal investigation pertained to a question about whether Genius Funds used a “falsified document that possibly stated that it possessed an operational license which was not authentic,” the Cypriot regulator said.

    Separately, Canadian securities regulators also have acted against Genius Funds, permanently banning the HYIP “for illegally selling securities,” the British Columbia Securities Commission (BCSC) said.

    Genius Funds’ website is throwing a server error.

    The program was pitched on the pro-AdSurfDaily Surf’s Up forum in December by a poster who dubbed himself “joe.” Genius Funds was one of four HYIP’s pitched by “joe” in an egg-themed promotion. The egg-themed domains redirected to HYIP programs.

    All of the programs appear to have failed or gone missing, but the egg-themed domain names now redirect to other HYIPs.

    “ALL MY EGGS ARE NOT IN ONE BASKET,” the Surf’s Up pitchman said in all-caps. “I MAKE 2000.00 A WEEK.”

    Some ASD members continued to promote autosurfs and HYIPs after the federal seizure of tens of millions of dollars from the personal bank accounts of ASD President Andy Bowdoin in August 2008. The Surf’s Up forum went missing earlier this year.

    In recent weeks, the Golden Panda Ad Zone forum (also known as the Online Success Zone forum), another website from which ASD members pitched autosurf and HYIP programs, also went missing.

    BCSC opened its probe into Genius Funds after receiving a tip from “a financial institution,” the agency said.

    Read the Genius Funds’ announcement from Cyprus. Read the announcement from Canada.

  • Federal Judge Delays Ruling In INetGlobal Case, Saying Attorney May Be ‘Primary Fact Witness’; Sends Case Back To Magistrate Judge

    UPDATED 8:29 A.M. EDT (APRIL 18, U.S.A.) Despite Internet and email claims yesterday and today by supporters of INetGlobal that the company had won a key battle with prosecutors, that the case was “over” and that news about the litigation engulfing the company “is better than anything we expected,” an order and memorandum by a federal judge suggests that celebrations could be premature.

    U.S. District Judge Donovan W. Frank yesterday sent the case back to Magistrate Judge Franklin L. Noel for the “limited” purpose of “maintaining the status quo” while clarifying elements of the case and seeing if there was a way to forge a settlement of at least some of the issues. (See subhead below.)

    As things stand, Frank said, certain issues on which INetGlobal owner Steve Renner and his affiliated companies are awaiting rulings “could be rendered moot” if Renner is “indicted or otherwise charged with one or more criminal offenses.”

    Renner has asked the court to return about $26 million and business records seized by the U.S. Secret Service in a Ponzi scheme, wire-fraud and money-laundering probe. Renner also wants Frank to conduct an evidentiary hearing.

    For its part, the prosecution has said it opposes Renner’s requests because a “major fraud and money laundering investigation is under way bearing serious criminal consequences” and because Renner’s filings were a “thinly veiled attempt to force the government to reveal facts relating to an on-going criminal investigation.”

    The money is “evidence,” and its release would mean “the money will be spent, and will be unavailable for future return to victims” should the government prevail, prosecutors said.

    In his memo, Frank said he was not prepared yesterday to rule on critical issues, given the procedural history of the case and recent filings by both the INetGlobal side and the prosecution.

    “Inter-Mark Corporation and its subsidiaries, without notice to the Court, filed a notice joining in the motion of Steven Renner,” Frank said. “That motion was filed by Mark J. Kallenbach, who is now the subject of a motion to be disqualified by the United States, given his 20-page, 81-paragraph affidavit filed on behalf of Steven Renner . . .”

    Prosecutors filed a motion 10 days ago that asked Frank to disqualify Kallenbach as an attorney for INetGlobal and related companies, saying Kallenbach had “made himself a necessary witness” by conducting an “investigation” and filing an affidavit prior to entering his notice of appearance as INetGlobal’s attorney.

    Kallenbach was trying to be both an attorney and a witness in the same case, prosecutors claimed.

    Jon Hopeman, an attorney for Renner, disputed the government’s contention about Kallenbach earlier this week, and Kallenbach joined in the brief.

    Although Frank delayed ruling on the issue, the order and memorandum he issued yesterday spoke to the dispute.

    “The Court reserves the right, pending receipt of Magistrate Judge Noel’s report, to rule on the motion of the United States to disqualify attorney Mark J. Kallenbach, although the Court would observe that, given the 20-page, 81-paragraph affidavit submitted on behalf of Steven Renner, it would appear that attorney Kallenbach is a primary fact witness in the above-entitled matter, absent stipulation of the parties.”

    A “fact witness,” according to the Federal Judicial Center, the education and research agency for the federal courts, is “a person with knowledge about what happened in a particular case who testifies in the case about what happened or what the facts are.”

    The order and memorandum may signal that, based on the current record of the case, Frank may be inclined to view Kallenbach as a witness subject to both cross examination by the prosecution and direct examination by the Renner/INetGlobal side.

    Judge Frank Orders Parties To Schedule Conference With Magistrate Judge Noel

    Frank ordered both sides to schedule a settlement conference with Magistrate Judge Noel. The order does not mean the case is “over” or that either side has won or lost.

    The conference will be “limited in scope,” Frank ordered.

    Among the issues to be determined (note: these are verbatim, from Frank’s order):

    • “The amount of money necessary to provide wages and health insurance coverage to the current employees maintaining a portion or portions of the business of Inter-Mark Corporation and its subsidiaries.”
    • “The amount of money presently being held by the Court, if any, in the event the parties agree that it is necessary to continue aspects of Inter-Mark Corporation, and its subsidiaries, pending resolution of the motion before the Court, pending completion of the investigation, be it civil or criminal, or both, by the United States.”
    • “Items seized by the United States by means of a search warrant, including, but not limited to, computers and other property necessary to the operation of the business.”
    • “Discussion of any items alleged to be attorney-client privileged items seized by the Government pursuant to the search warrants executed at Steven Renner’s companies on or about February 23, 2010, and thereafter.”

    Frank said the conference with Noel, absent an agreement by the parties, “shall be limited to maintaining the status quo, on a limited basis, pending the Court granting or denying an evidentiary hearing.”

    “The focus of the Status-Settlement Conference before Magistrate Judge Noel, absent agreement of the parties to broaden the scope and focus of the conference, will be the return of some portion of the money so that Steven Renner and the associated business entities can maintain the status quo of their business, including the maintenance of a skeletal crew of employees and the insurance for those employees,” Frank said.

    “The Court has conferred with Magistrate Judge Noel with respect to the purpose and limited scope of the conference,” Frank said.

    He added that he may defer ruling on Renner’s motion for an evidentiary hearing until after the settlement conference is conducted and the court had received Noel’s report on the status of the case.

    And Frank said the court “reserves the right, pending receipt of Magistrate Judge Noel’s
    report, to rule on the motion of the United States to disqualify attorney Mark J. Kallenbach, although the Court would observe that, given the 20-page, 81-paragraph affidavit submitted on behalf of Steven Renner, it would appear that attorney Kallenbach is a primary fact witness in the above-entitled matter, absent stipulation of the parties.”

    Spinning It As An INetGlobal ‘Win’

    As was the case in the AdSurfDaily autosurf Ponzi prosecution, some INetGlobal members are reporting to downline members that the prosecution’s case may be in the process of disintegrating.

    Despite the frequent claims in the ASD case, a federal judge went on to issue three orders of forfeiture totaling more than $80 million, handing ASD one shattering loss after another.

    One INetGlobal member sent an email to downline members yesterday that claimed “the indication is that we may have a huge win,” a member of his downline said.

    This email from the member was followed by another one with a five-exclamation point headline titled “Major News !!!!!”

    “The Judge has ordered a ‘Status Settlement Conference’ between both parties,” the sender advised members of his INetGlobal downline. “This news is better than anything we expected.

    “We thought a hearing would be set for 30 days plus from now and release of some money,” the sender continued. “This was to be a ‘evidential (sic) hearing’ to present a full days (sic) evidence about our business and hear from the Federal authorities on their side.

    “Also we were looking for some funds to be release (sic) for general operations of the business,” the sender wrote. “But today’s ruling is an acknowledgment of the facts of the case that this (sic) not at (sic) clear ‘Ponzi’ business and which therefore would apply to the Federal ‘Forfeiture Laws.’

    “This may lead to a negotiated deal with the government,” the sender wrote. “Also in the meantime we are much likely (sic) to get operational sooner than we ever thought.”

    Contrary to the email claim, nothing in Frank’s order and memorandum suggested that any of the facts of the case had been determined. Moreover, no “acknowledgment” was made by the judge or the government that INetGlobal was not operating as a Ponzi scheme. The judge has issued no orders pertaining to forfeiture because the government — as the record of the case stood yesterday — had filed neither a criminal nor a civil action against Renner or INetGlobal-connected assets that seeks forfeiture of property.

    The sender conceded that “my details and interpretation could be off,” according to the email, parts of which were republished on the Internet.

    It is indeed true that Frank referenced a Status-Settlement Conference, but the email sent by the INetGlobal member did not outline any details of the conference, including the fact it had been scheduled for a limited purpose.

    At the same time, the email made no reference to the fact that Frank said the case could take another turn and render some of the current issues moot if the government proceeds with an indictment.

    On April 2, the prosecution described the case as a “major fraud and money laundering investigation,” noting that the IRS had joined the U.S. Secret Service in the probe.

    A separate claim by an apparent INetGlobal supporter that the case was “over” was published today in the comments section of the Hospitalera Blog.

    “Inetglobal case is over!” the comment read in part. The commentator described the information as a claim made by his upline.

    “At the end of this afternoon, court has not received further evidence from government to accuse Inetglobal of Ponzy (sic) Scam in the period of time,” the comment read in part. “Judge made decision that the case could not be established. The written document from court will be released on Monday.”

    Frank made no such decision that a “case could not be established.”

    The Hospitalera Blog said in February that it had been targeted in a lawsuit for calling INetGlobal a “scam” in Sepember 2009. Some INetGlobal members have attacked the Blog for its point of view on INetGlobal.

  • UPDATE: 5 Convictions To Date In Money-Laundering Cases Involving Colombian Drug Operation That Used Same Debit Card As AdSurfDaily Autosurf

    Federal prosecutors have announced five convictions in an international money-laundering case involving drug proceeds and the use of “stored-value” debit cards. (See subhead below.)

    The cases were brought by the Drug Enforcement Administration in 2008 as a result of an undercover operation. The debit cards used in the transactions were provided by Virtual Money Inc., according to court records in Connecticut.

    Records show that Virtual Money, known simply as VM, was the same company that provided debit cards to AdSurfDaily and other autosurf companies. VM’s operator, Robert Hodgins, also was indicted in the drug-related cases and “is being sought by law enforcement,” federal prosecutors said.

    News about the convictions in Connecticut was announced about two weeks after FBI Director Robert Mueller III testified before Congress that “stored value devices” such as reloadable debit cards increasingly were being used to move criminal proceeds through a “shadow banking system” that endangered the United States.

    The PP Blog reported in August 2009 that VM’s name appeared in advertising materials for ASD in 2007. Research showed that VM also provided cards to other autosurfs and HYIPs, including the PhoenixSurf autosurf Ponzi scheme.

    Records suggest that Hodgins or a VM designate attended an ASD function in Orlando in November 2006, about a month after ASD began its rollout.

    During that same year, according to the DEA court filings unsealed in September 2008 after a two-year investigation, VM cards were used in Medellin, Colombia, to withdraw millions of dollars in drug proceeds at ATMs between April and August.

    The drug-related, money-laundering indictments against VM initially were filed under seal in April 2008 and then superseded under seal in June 2008. The documents were made public in September 2008, about a month after the federal seizure of tens of millions of dollars from the personal bank accounts of ASD President Andy Bowdoin, amid Ponzi scheme, wire-fraud, money-laundering and securities allegations in an autosurf case.

    Some ASD members said they observed large sums of cash at ASD “rallies” and suitcases full of cashier’s checks.

    After purportedly operating in the hole throughout much of its existence and allegedly experiencing an unreported theft of $1 million at the hands of “Russian” hackers, ASD suddenly  came into possession of tens of millions of dollars in the first half of 2008, leading to questions about whether it was serving as a front to launder proceeds from criminal organizations.

    References to VM appear in ASD advertising materials dating back to at least February 2007, and other ASD references to VM date back to the fall of 2006, when ASD was just getting off the ground.

    In March 2008, according to records, a DEA informant gave Hodgins $100,000 in undercover funds, saying an uncle needed drug money laundered in the Dominican Republic. Hodgins allegedly agreed to perform the service for a fee of 10 percent of the amount, and the DEA alleged it has audio and photographic evidence of the transaction.

    If the allegations are true, it means the DEA has audio and photographic evidence of the man who provided debit cards to ASD and other surf enterprises accepting money to participate in international drug transactions and international money-laundering.

    Convictions In Drug/Money-Laundering Cases

    On March 30, 13 days after Mueller testified before Congress on the dangers of stored-value devices, Juan Merlano Salazar, 35, of Medellin, Colombia, pleaded guilty in U.S. District Court in Connecticut to 11 counts of money-laundering and one count of conspiracy to commit money laundering.

    Merlano was named in the same indictment that charged VM’s Hodgins and the company itself. Merlano was extradited from Colombia in June 2009, a year after he, Hodgins, VM and seven other defendants were charged in the superseding indictment. Merlano has been detained since his extradition and faces sentencing in June.

    He faces a maximum penalty of 240 years in prison and a maximum fine of $6 million.

    Four other defendants also have pleaded guilty to date to “charges stemming from this conspiracy,” prosecutors said.

    Guilty pleas were entered by Francisco Dario Duque, 49, of Medellin, Colombia; Gonzalo Bueno, 72, of Brooklyn, New York; Juan Chavarriaga, 45, of Fort Lauderdale, Florida, and Jose Manotas, 46, of New York, New York.

    Each of the defendants is detained and awaiting sentencing, prosecutors said.

    “[T]he [drug]organization employed operatives in the United States and funneled millions of dollars in drug proceeds from the U.S. to Medellin, Colombia,” prosecutors said.  “The investigation, which utilized a variety of traditional and sophisticated investigative techniques, including court-authorized interception of international e-mail, disclosed that the money laundering organization used direct deposits of cash into third-party bank accounts, as well as payment of third-party debt obligations to move cash drug proceeds from the New York metropolitan area out of the country.

    “The organization also used ‘stored value cards,’ which function like debit cards and enabled cardholders to deposit U.S. dollars into accounts locally, to be withdrawn later from banks in Medellin as Colombian pesos,” prosecutors said.  “The Government has alleged that the scheme resulted in the laundering of more than $7 million in drug proceeds.”

    Hodgins was president and chief executive officer of VM, a Texas-based business.

    “Hodgins is being sought by law enforcement,” prosecutors said.

    In addition to the DEA, the case is being investigated by the Criminal Investigation Division of the IRS, prosecutors said.

  • FBI Director Again References ‘Shadow Banking System’ In Congressional Testimony; Warns About ‘Homegrown Violent Extremists’ And ‘Lone Actor’ Terrorists

    EDITOR’S NOTE: Still selling autosurfs and HYIPs? Quick! Name your autosurfing neighbor, his or her neighbors, the source of their funding — and describe their intent. Do you even know the names of the program owners, the venues from which they operate and the sources of their funding? How many companies do they own? How many bank accounts do they control? How do they keep their books? Do they truly know their own customers? Has your need to believe you could not possibly be doing business with criminals affected your ability to think things through clearly?

    Getting paid via a debit card or an offshore processor? Ever ask why? Has your “due diligence” ever gone beyond parroting what you’ve been told by others? Have you ever really peeled back layers of the onion, looked for connections to other schemes and performed anything other than cursory research? How many “bad apples” do you think you might find in a barrel of tens of thousands of members, especially if the barrel exists in a business universe already infamous for shadowy practices? Think that some of the participants may live in the dimmest corners of the nation and world and have secret agendas?

    What if their agenda is to do the unthinkable in the United States or elsewhere? What if they’re a “lone wolf” — a lone actor waiting for the perfect time? And what if you’re helping them?

    The FBI has been advising Congress about the nexus between white-collar crime and the potential for terrorism. Some very strange things have been happening in the United States as a result of what FBI Director Robert Mueller III described as the emergence of a “shadow banking system” and an increasing reliance on “shell corporations” to commit crimes and hide from investigators. Some of the crimes have been elaborate, using multiple companies, domestic and offshore venues and selling multiple “services” such as tax-avoidance schemes and “debt-elimination” services.

    Although Mueller did not mention AdSurfDaily and other “autosurf” companies in Congressional testimony yesterday, the Justice Department did outline a separate case against several companies and individuals who offered “services” similar to the “services” offered by some ASD members.

    Longtime PP readers know that ASD and a closely connected autosurf known as AdViewGlobal have been linked to racketeering allegations and tax-avoidance and debt-elimination schemes similar to the cases encapsulated below. Some members of ASD also associated themselves with militia and tax-denial movements, underground “associations” and credit-repair organizations. Some of them associated themselves with wild conspiracy theories — the kind that would cause you to lose friends and cause your family to distance itself from you if you ever associated yourself with the theories.

    Find yourself attacking the messenger or spinning impossible yarns because the truth you fear is just downright uncomfortable and you are not ready to confront it yet? Have you generally supported law enforcement throughout your life — and yet now find yourself condemning the very agencies whose efforts have permitted you to rest comfortably at night since birth? Is it really you constructing a theory that the agents mysteriously somehow had become a sort of hybrid that mixes Nazism and Communism and that the hybrids have made it their business to destroy your entrepreneurial spirit?

    Here, now, a story about a mysterious and perhaps increasingly dangerous world that largely exists outside of public view . . .

    UPDATED 7:49 P.M. EDT (U.S.A.) Returning to a theme voiced last month, FBI Director Robert Mueller III appeared before another Congressional panel yesterday and warned lawmakers about a “shadow banking system” and a troubling increase in certain areas of U.S. white-collar crime, including mortgage fraud, securities fraud and money-laundering.

    Meanwhile, cross-border crime also is producing a dangerous cocktail, Mueller said.

    “[T]he potential for terrorism-related activities associated with criminal enterprises is increasing due to the following: alien smuggling across the southwest border by drug and gang criminal enterprises; Columbian based narco-terrorism groups influencing or associating with traditional drug trafficking organizations; prison gangs being recruited by religious, political, or social extremist groups; and major theft criminal enterprises conducting criminal activities in association with terrorist-related groups or to facilitate funding of terrorist-related groups,” Mueller said.

    “There also remains the ever-present concern that criminal enterprises are, or can, facilitate the smuggling of chemical, biological, radioactive, or nuclear weapons and materials,” he said.

    But Mueller said it would be a mistake to view terrorism as a uniquely international problem and look at it only through the narrow lens of traditional threats and the post-9/11 threat posed by al Qaeda.

    “Homegrown violent extremists also pose a very serious threat,” Mueller told the Senate Committee on Appropriations, Subcommittee on Commerce, Justice, Science, and Related Agencies.

    Beware The ‘Lone Actor’

    “Homegrown violent extremists are not clustered in one geographic area, nor are they confined to any one type of setting — they can appear in cities, smaller towns, and rural parts of the country,” Mueller said. “This diffuse and dynamic threat — which can take the form of a lone actor — is of particular concern.

    “While much of the national attention is focused on the substantial threat posed by international terrorists to the homeland, the United States must also contend with an ongoing threat posed by domestic terrorists based and operating strictly within the United States,” he said. “Domestic terrorists, motivated by a number of political or social issues, continue to use violence and criminal activity to further their agendas.”

    Mueller’s testimony took place against the backdrop of a order by a federal judge in Arkansas that effectively banned a “private banking system” from operating.

    Judge Shutters ‘Private Banking System’

    Wayne Hicks and his company, My Icis Inc., gathered about $100 million between 2003 and 2006 and helped customers avoid taxes by shielding their identities and other financial transactions from the Internal Revenue Service (IRS), the Justice Department said yesterday. Hicks and My Icis consented to an injunction that barred the system from operating.

    Hicks already is serving five years in federal prison after pleading guilty to conspiracy to defraud the United States in a related criminal case. Although the agency did not raise the issue of terrorism yesterday, the case underscores the sensitivity of the United States to banking practices that are hard to monitor and may involve thousands of people whose identities are murky or unknown.

    My Icis “helped customers set up purportedly anonymous bank accounts to hide their identities, income and other financial transactions, including deposits, wire transfers and bill payments,” the Justice Department said. “Hicks admitted in his criminal case that My Icis helped customers ‘get out’ of the traditional banking system and successfully shield their financial transactions from the government, more specifically the IRS, and thereby avoid paying federal income taxes.”

    The scheme was promoted through websites, seminars in Mexico and online newsletters, the Justice Department said.

    To recruit customers, Hicks promoted his banking system at Pinnacle Quest International (PQI) seminars in 2005 in the Mexican resorts of Cancun and Ixtapa, the Justice Department said.

    Eight people associated with PQI were convicted in Florida last month of wire-fraud, money-laundering and tax charges by a federal jury following a weeks-long trial in Pensacola.

    Investigators said PQI, which also was known as Quest International, was operating a “fraudulent tax and debt elimination scheme.” My Icis was one of its vendors, and the PQI scheme crossed U.S. borders and ventured into Panama, a hotbed for financial fraud.

    “PQI was an umbrella organization for numerous vendors of tax and credit card debt elimination scams,” the Justice Department said. “Some of the PQI vendors, such as Southern Oregon Resource Center for Education (SORCE), sold bogus theories and strategies for tax evasion.

    “For fees starting at $10,000, SORCE assisted its customers in the creation of a series of sham business entities in the United States and Panama,” the Justice Department said. “Other tax-related PQI vendors denied the legitimacy of the income tax system on various theories and provided customers with a purported ‘reliance defense’ that consisted of a paper trail of frivolous correspondence [that] a client could allegedly use as evidence of good faith if the client were prosecuted.”

    My Icis “operated as a sophisticated, computerized ‘warehouse bank,’” the Justice Department said. “[It] was a single bank account in which customers pooled their money. [My Icis] was promoted to PQI’s clients as a method to hide their assets from the IRS as a result of the pooled nature of the account.”

    The company had 3,000 clients, the Justice Department said of My Icis. PQI, meanwhile, had more than 11,000 members “throughout the United States.”

    Prosecutors established that Arthur Merino, who operated a company known as Financial Solutions and sold a scheme to eliminate credit-card debt, “charged its customers thousands of dollars for a series of letters to send to credit card companies disputing the lawfulness of the underlying debt.

    “The product was wholly ineffective, and customers typically were sued by their creditors and often forced into bankruptcy,” the Justice Department said.

    Convicted in the PQI case were Claudia Constance Hirmer and Mark Steven Hirmer of Niceville, Fla. They were found guilty of conspiracy to defraud the United States, conspiracy to commit wire fraud, conspiracy to commit money laundering and tax evasion.

    Eugene “Gino” Joseph Casternovia of Ashland, Ore., Arnold Ray Manansala of Renton, Wash., Dover Eugene Perry of Renton, Wash., and Michael Guy Leonard of Troy, N.Y., were convicted of conspiracy to defraud the United States, conspiracy to commit wire fraud and conspiracy to commit money laundering.

    Meanwhile, Mark Daniel Leitner of Fairport, N.Y., and Merino, who lives in Renton, Wash., were convicted of conspiracy to defraud the United States and conspiracy to commit wire fraud.

    “The use of abusive trust schemes and fraudulent debt elimination tactics intended to conceal income from the IRS isn’t tax planning; it’s criminal activity,” said Victor S.O. Song, chief of the IRS Criminal Investigation division. “There is no secret formula that can eliminate a person’s tax obligations.”

  • A SILENT DEATH? Did GoldenPandaAdZone Forum For Autosurf Shills Follow Surf’s Up Into The Electronic Graveyard?

    Has the Golden Panda Ad Zone forum, which was renamed the Online Success Zone after federal agents seized tens of millions of dollars from AdSurfDaily and Golden Panda Ad Builder in 2008, followed the Pro-AdSurfDaily Surf’s Up forum into the dust?

    The website URL — http://goldenpandaadzone.ning.com — now is returning the same error message Surf’s Up produced when it went missing early this year. Other failed autosurf forums on ning.com have generated the same error message.

    It was not immediately clear how long the Golden Panda Ad Zone forum has been offline. The forum was a meeting place at which promoters shilled for autosurf programs, cash-gifting schemes and other questionable “business opportunities” such as recyclers.

    It is believed that every single autosurf program pitched on the Golden Panda Ad Zone Forum collapsed or is in the process of failing, giving the forum an unblemished record for failure. In recent weeks, the forum was used to promote MLM programs such as Narc That Car and Data Network Affiliates.

    In one memorable video, the forum pitched multiple surf programs that reportedly collapsed this year or last after the spectacular seizures in the ASD case. These included — but are not limited to — Biz Ad Splash, AdGateWorld and Daily Profit Pond.

    Biz Ad Splash purportedly was operated by Clarence Busby, who presided over the collection of more than $14 million before it was seized in the ASD case and an untold sum with Biz Ad Splash. AdGateWorld, meanwhile, collapsed after collecting an untold sum and purportedly being sold to buyers in the “Middle East.”

    Daily Profit Pond, which suddenly went missing just prior to Christmas in 2008 after collecting an untold sum, also was said to have collapsed.

    In AdGateWorld’s earliest days, the acronym “ASD” appeared in its Terms of Service, which suggested the surf simply copied and pasted terms from one program to another.

    The Golden Panda Ad Zone forum also was notable for promoting MegaLido, another program that resulted in a spectacular flameout prior to the 2008 Holiday Season, and a host of cash-gifting schemes promoted as “Pay It Forward.”

    “Pay It Forward” is a promotional scheme by which members sign up under each others links as a means of assuring they can build downlines or establish relationships with like-minded participants.

    Autosurf programs that pay a lower daily rate “normally have sustainability,” a forum pitchman counseled prospects in a video. He cited no authority for the claim, but noted that 7 percent to 14 percent a week was a “really, really good” return that no bank could match.

    “I can assure you [of] that,” the pitchman said, noting that higher return-on-investment surf programs “just tend to go away quicker.”

    MegaLido, he explained, might have been a clunker because its advertised payout rate of about 13 percent a day perhaps made it unsustainable. How a program that paid a lower rate of say, 1 percent a day or 365 percent a year, could be any more sustainable without being a Ponzi scheme never was explained.

    Like their brick-and mortar cousins, autosurf Ponzi schemes are not sustainable. They sustain themselves temporarily only through the use of smoke-and-mirrors, paying old members with money from new members to create the mirage of sustainability and performing other sleight-of-hand such as “80/20” programs to minimize cash outflow. Ponzi scheme operators typically siphon funds paid by investors, which is a form of theft. Prosecutors view the money as proceeds of a crime.

    Like the Surf’s Up forum — but to a lesser degree — the Golden Panda Ad Zone forum became an outlet for members to complain about how the government views the autosurf “industry.” Some members complained openly, if not bitterly, about perceived “slow” refunds as a result of the seizure of assets connected to ASD and Golden Panda.

    Those assets were seized amid wire-fraud, money-laundering and Ponzi scheme allegations — but members continued to push surf programs even after the seizure, while still complaining about “slow” refunds.

    The complaints continued even after the government explained it had not perfected title to the seized assets because of court challenges by Andy Bowdoin. Although the government now holds title to the assets, an appeal filed by Bowdoin in one of the forfeiture cases — and the prospect of a Bowdoin appeal being filed in a second case — means that restitution could be delayed even longer, prosecutors said.

    Some Golden Panda Ad Zone members positioned new surf programs as a means by which ASD and Golden Panda members could recover losses. Like Surf’s Up, entire threads went missing at the Golden Panda Ad Zone forum.

    One thread that went missing pertained to a surf program purportedly operated by ASD Chief Executive Officer Juan Fernandez after the ASD seizure. Some Golden Panda Ad Zone members  used religion in their sales pitches.

    Religion also was an element in ASD pitches. ASD President Andy Bowdoin told a crowd assembled at a company “rally” in Las Vegas that he thanked God for making him a “money magnet.”

    Prosecutors said Bowdoin family members and at least one insider embarked on a spending spree less than two weeks after the Las Vegas rally concluded on May 31, 2008, purchasing cars, jet skis, a boat and haul equipment — and retiring the $157,000 mortgage on the Tallahassee home of George and Judy Harris.

    George Harris is Bowdoin’s stepson. Members later said he was the co-owner of the AdViewGlobal (AVG)  autosurf, which crashed and burned in June 2009, after launching in the aftermath of the ASD seizure and in the weeks after a key court ruling went against ASD.

    Some members of the Golden Panda Ad Zone also pitched AVG, despite everything that had happened to ASD, Golden Panda and a related surf known as LaFuenteDinero. There were reports later that at least $2.7 million was stolen from AVG, but the reports have not been confirmed.

    After AVG announced a suspension of cashouts last summer and exercised its version of a “rebates aren’t guaranteed” clause, the surf said that, if the program restarted, an “80/20” program would become mandatory.

    AVG pitchmen started out by saying the surf paid about 1 percent a day — or 365 percent a year — an amount the Golden Panda Ad Zone pitchman described as reasonable and sustainable for  autosurfs in general.

    The claims were made despite the fact that prosecutors had laid out a case against ASD that its 1 percent daily payout rate was unsustainable and that the surf was insolvent.

  • Trevor Cook’s Plea Agreement Requires Cooperation With Government, Receiver To Recover Assets; Polygraph Exam May Be Used If He Ducks Disclosure Requirements

    Convicted Ponzi schemer Trevor Cook’s plea agreement requires 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.”

    Meanwhile, the nine-page agreement requires Cook to cooperate with the government and R.J. Zayed, the court-appointed receiver in the $190 million Ponzi scheme and fraud case, to recover assets.

    Cook’s lack of cooperation with investigators and Zayed is what landed him in jail in January, after a federal judge found him in contempt of court. Now facing the possibility of 25 years in prison — or longer, if his plea deal collapses as a result of noncooperation — Cook is required 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.”

    Cook, 37, also waived his right to appeal his sentence — unless the judge in the case sentences him to more than 25 years.

    “This plea agreement is binding on the parties, but it does not bind the Court.” prosecutors said. “The parties understand that the Sentencing Guidelines are advisory and their application is a matter that falls solely within the Court’s discretion. The Court may make its own determination regarding the applicable guideline factors and the applicable criminal history category. The Court may also depart from the applicable guidelines.”

    As a small carrot to Cook, prosecutors agreed not to object if Cook’s sentencing judge gives him credit for the time he already has served since Chief U.S. District Judge Michael Davis ordered him jailed in January.

    Davis is hearing the civil cases filed by the SEC and CFTC in November. He will not be the sentencing judge in the criminal case, which was filed last month. That duty falls to U.S. District Judge James Rosenbaum.

    Rosenbaum let it be known yesterday that Cook’s days of stonewalling investigators were over.

    The Star Tribune newspaper of Minneapolis/St. Paul quoted Rosenbaum as saying he’d reject the plea bargain if Cook tried to snooker the government.

    Among the allegations against Cook was that he spent investors’ money to pay gambling debts. Rosenbaum, according to the Star Tribune, admonished Cook that he’d better keep his end of the deal or else.

    “That’s not a threat. That’s not a promise,” the newspaper quoted Rosenbaum as saying. “That’s like saying it’s raining outside — it’s a fact.”

    Read Cook’s plea deal.

  • Ponzi Guilty Pleas In New York, Tennessee; New Ponzi Case Filed By CFTC In Florida; Relief Defendant Misspelled Its Own Company Name

    EDITOR’S NOTE: There was significant action in Ponzi cases today. Earlier we reported on the guilty plea of Trevor Cook in Minnesota and the issuance of a bench warrant in South Carolina for Michael Derrick Peninger. The brief below summarizes action in the Ponzi and affinity-fraud case case of Steven Byers in New York, the Ponzi case of Barron A. Mathis in Tennessee, and new allegations of a Forex Ponzi scheme against Claudio Aliaga in Florida.

    New York: Steven Byers, 47, of Oak Brook, Ill., pleaded guilty today to felony counts of conspiracy and wire fraud in a Ponzi case said to involve $255 million. U.S. District Judge Denny Chin, who sentenced Bernard Madoff to 150 years in prison, is the presiding judge in the case. Byers will be sentenced in September. He faces a maximum of 25 years in prison.

    Byers was the former president and chief executive officer WexTrust Capital LLC, a private-equity firm. Orthodox Jews were targeted in the scheme, which involved real estate and specialty finance.

    “From at least 2003, Byers and others raised money from investors pursuant to private placement offerings and then used material amounts of that money for other purposes, and did not disclose their diversion of funds to investors,” prosecutors said. “In one such private placement, Byers and others raised approximately $9.2 million in investor funds by representing that the funds would be used to purchase and operate seven commercial properties that were leased to the United States General Services Administration (GSA).

    “According to the GSA private placement memorandum issued to investors by WexTrust Capital,” prosecutors said, “the $9.2 million raised from investors, together with a mortgage of approximately $21 million, would be used to purchase the seven GSA properties and cover related acquisition expenses.

    “The seven GSA properties, however, were never purchased. Instead, virtually all of the funds raised from investors to purchase the properties were diverted by Byers and others to other purposes, but investors were never informed that the funds were used for any purpose other than to purchase and operate the seven GSA properties. Byers and others later agreed to make up a story that they would then tell the GSA investors regarding what happened to their investment,” prosecutors said.

    The guilty plea was entered as a result of a plea deal with prosecutors. Byers “agreed to forfeit $9.2 million and is subject to mandatory restitution and faces criminal fines up to twice the gross gain or loss derived from the offense,” prosecutors said.

    Tennessee: In Nashville, Barron A. Mathis, 29, pleaded guilty to wire fraud. He formerly was vice president and portfolio manager for J.C. Reed & Co., a failed financial services company headquartered in Franklin.

    Mathis sold his Ponzi and fraud scheme to friends, acquaintances and clients, collecting $11 million in the process, prosecutors said. Most of the investors were elderly, inexperienced traders.

    “Cases like these are egregious examples of predators who target vulnerable and innocent victims through false and fraudulent business practices,” said U. S. Attorney Edward M. Yarbrough. “By his own admission, Mathis encouraged people to invest by falsely promising security, growth and inflated returns on their money, but instead the investors lost their savings as part of an elaborate fraud scheme.”

    U.S. District Judge Robert L. Echols will sentence Mathis. A sentencing date has not been set.

    Florida: Claudio Aliaga, of Davie, has been charged civilly by the CFTC with operating a commodity-pool and Forex Ponzi scheme that gathered $4.5 million.

    Also charged was Aliaga’s company, CMA Capital Management LLC of Miami Lakes.

    Named relief defendants were Aliaga’s wife, Betty Aliaga, and a company known as CMA Global Investement (sic) Fund LLC. The CFTC noted that the company misspelled its own name and “received funds as a result of defendants’ fraudulent conduct.”

    U.S. District Judge Marcia G. Cooke ordered an asset freeze.

  • Federal Judge Dispatches U.S. Marshals To Arrest Convicted Ponzi Schemer; Michael Derrick Peninger Did Not Show Up At Sentencing Court In South Carolina

    UPDATED 5:45 P.M. EDT (U.S.A.) A federal judge has issued a bench warrant for Michael Derrick Peninger after Peninger did not show up for sentencing yesterday in a $7 million, Ponzi-scheme case in South Carolina.

    Peninger, 50, of Charleston, was convicted in October of eight counts of mail fraud and one count of making a false statement to an FBI agent, the CFTC said.

    The Post and Courier newspaper of Charleston is reporting that prosecutors argued last fall that Peninger should have been kept in jail upon conviction because he posed a flight risk.

    Peninger was released until his sentencing date after his 72-year-old mother appealed to U.S. District Judge P. Michael Duffy to permit her son to leave jail to assist with the care of her husband, who has Alzheimer’s disease.

    Duffy permitted Peninger to assist his mother and stepfather, ordering him to wear an ankle monitor. The judge now has dispatched the U.S. Marshals Service to locate and arrest Peninger, the Post and Courier is reporting.

    Just days ago a judgment of more than $3.9 million was placed against Peninger in a fraud case brought by the CFTC in 2008. The judgment was ordered by U.S. District Judge C. Weston Houck.

    Peninger was charged criminally in January 2009. Prosecutors said he operated three companies: Cooper River Group Inc., CSA Trading Group Inc., and Daniel Island Builders LLC.

    “[A]t least 20 investors provided Peninger and others with funds to invest on their behalf, but . . . Peninger and others misappropriated the money to pay personal expenses, to pay employees, to fund unauthorized business ventures, and to pay previous investors in a manner akin to a Ponzi scheme,” prosecutors said.

    Peninger faced a maximum penalty of nearly two decades in prison.

    South Carolina has had some unusual Ponzi cases, including the curious case of the “3 Hebrew Boys.”

    In that case, convicted Ponzi schemer Joseph B. Brunson of Hopkins declared himself “sovereign” and therefore immune from U.S. law. The claim was reminiscent of claims made by Curtis Richmond, a mainstay, pro se litigant in the AdSurfDaily Ponzi scheme case.

    In the 3 Hebrew Boys case, Brunson declared that former U.S. Attorney Walt Wilkens was guilty of treason, insurrection and conspiracy to overthrow the U.S. government in his successful efforts to prosecute Brunson.

    Richmond argued in the ASD case that U.S. District Judge Rosemary Collyer was guilty of treason.