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  • URGENT >> BULLETIN >> MOVING: Nicholas Smirnow, Pathway To Prosperity HYIP Ponzi Figure, Arrested At Airport In Canada

    Nicholas Smirnow. Source: INTERPOL Wanted notice.
    Nicholas Smirnow. Source: INTERPOL Wanted notice.

    URGENT >> BULLETIN >> MOVING:  (6th update 9:35 p.m. ET U.S.A.) Nicholas Smirnow, still listed by INTERPOL as a person wanted by the United States in the alleged Pathway To Prosperity (P2P) HYIP Ponzi scheme that affected people in 120 countries, has been arrested at Toronto’s Pearson International Airport, Canadian media outlets are reporting.

    U.S. federal prosecutors charged Smirnow, believed now to be 56 or 57, in 2010. He has been listed by INTERPOL since that time.

    CTV News, via the Canadian Press, is reporting that U.S. authorities are aware of the arrest. Smirnow also has been charged with crimes in Canada.

    P2P was an instance of international mass-marketing fraud, U.S. authorities said in 2010.  Though large for its time in the 2008 to 2010 time frame after allegedly gathering more than $70 million and affecting 40,000 investors, P2P since has been eclipsed in dollar volume and victims count by other mass-marketing fraud schemes such as Zeek Rewards and TelexFree.

    Professor James E. Byrne, an HYIP expert consulted by the U.S. government in the P2P case, said in 2010 that “the investment scheme described in the materials that I have reviewed are not legitimate but resemble and are classic instances of so-called high yield frauds and fraudulent pyramid schemes. The proposed returns are excessive for even the most risky legitimate investments and are simply preposterous for investments whose principal is supposedly guaranteed.”

    From Byrne’s P2P analyis (italics added):

    The funds are turned over to the investment and “earn” returns that range from 1.5% daily for a 7 day plan Plus the return of the initial investment to 2.67% daily for a 60 day plan or 160.2% plus the return of the initial investment. The weekly returns on the 7 day investment would amount to approximately 540% per year without taking into account the principal and the 60 day plan would return approximately 950% annualized.

    Like many HYIP schemes before and after, P2P had a presence on well-known Ponzi scheme forums such as TalkGold and MoneyMakerGroup. Both forums are referenced in P2P-related court filings. TalkGold got a mention last week in the Liberty Reserve money-laundering case.

    Like current schemes with a Ponzi-board presence such as “Achieve Community,” the P2P tentacles spread far and wide and sucked in vulnerable people such as senior citizens. From a PP Blog story on May 31, 2010 (italics/bolding added):

    The scheme was almost unimaginably widespread, the U.S. Postal Inspection Service said in an affidavit.

    “Financial records of payment processors utilized by P-2-P to collect investment funds from investors show that approximately 40,000 investors in 120 countries established accounts with P-2-P,” a postal inspector said. “Despite the fact that the investment was supposedly ‘guaranteed, investors lost approximately $70 million as a result of [Smirnow’s] actions.”

    The probe began when the U.S. government received a referral from the Illinois Securities Department “concerning an elderly Southern District of Illinois resident who had made a substantial investment in P-2-P,” the postal inspector said in the affidavit.

    “In addition to P-2-P’s own website, I discovered that P-2-P’s investment scheme was marketed on other websites, including High Yield Investment Program forums, which I was able to access directly through the internet,” the inspector said.

    Before long, the inspector determined that the scheme cost investors losses in 48 of the 50 U.S. states, and 18 of the 38 counties that comprise the Southern District of Illinois, prosecutors said.

    Such penetration in Illinois may suggest Smirnow had a promotional arm in the state. The complaint spells out a case against conspirators “known and unknown,” and the complaint notes that family members told other family members about the scheme.

    “When P-2-P’s funds were depleted and when investors did not receive a return of their funds as they had been promised, [Smirnow] caused a posting on P-2-P’s private forum warning investors not to complain to payment processors about P-2-P’s failure to return their money or they would find themselves ‘on the outside looking in,’” prosecutors charged.

    The postal inspector has spoken to “hundreds of P-2-P investors” during the course of the investigation, according to court filings.

    “Hundreds [of people] sent me copies of printouts they had made of P-2-P’s website, postings that had been made on the P-2-P’s members forum, and internet sites touting high yield investment programs which contained postings related to P-2-P,” the postal inspector said.

    With “Achieve Community,” promoters claim that $50 turns into $400 in three months or less. Participants are encouraged to roll over profits.

    Achieve Community promoters have published extrapolations that show “earnings” in the tens of thousands, hundreds of thousands and even the millions of dollars.

  • BOSTON GLOBE: 60,000 TelexFree Victims In South Africa Alone, Lawyer Tells Trustee; 2 Million Across The World, 1.3 BILLION Customer Transactions

    The Boston Globe is reporting today that TelexFree bankruptcy trustee Stephen Darr has been told that 60,000 victims of the alleged MLM Ponzi- and pyramid scheme exist in South Africa alone.

    There may be 2 million victims worldwide, and Darr is poring over data from 1.3 billion TelexFree transactions, the paper reports.

    If the numbers hold up, TelexFree may pass the 2012 Zeek Rewards scheme as the largest cross-border MLM HYIP fraud scheme in U.S. history based on the number of victims. TelexFree also may surpass Zeek in terms of overall dollar volume. Zeek gathered on the order of $897 million. TelexFree could be higher.

     

  • 2nd Major Manhunt Since September Now Under Way In Pennsylvania; Former Marine Reservist Suspected In Rampage Killings Of Ex-Wife And Her Loved Ones

    Bradley William Stone. Source: Montgomery County District Attorney's office via Facebook.
    Bradley William Stone. Source: Montgomery County District Attorney’s office via Facebook.

    UPDATED 12:34 P.M. ET U.S.A. Police in the Greater Philadelphia region of Montgomery County are seeking Bradley William Stone, a 35-year-old former Marine reservist believed to have killed six people in a rampage shooting spree yesterday.

    The victims were his ex-wife and five of her family members, including her mother, grandmother, sister, brother-in-law and niece, NBC Philadelphia is reporting. The shootings took place at three different locations in Montgomery County, District Attorney Risa Vetri Ferman said.

    The station also is reporting that Stone might have tried to rob an armed man of his car keys last night near Doylestown Township in nearby Bucks County. Instead of submitting to the robbery attempt at knifepoint, the man fired at his attacker, sending him scattering into the woods.

    It is the second major manhunt in eastern Pennsylvania since September, when Eric Frein allegedly ambushed two state troopers outside their barracks after dark, killing one and seriously wounding another. Frein, a purported survivalist, was captured alive weeks later.

    Stone may be wearing military fatigues, in either sand or green color, Ferman said.

    Although Stone initially was described as bearded, he now may be clean-shaven, according to a Facebook post by Ferman’s office last night.

    stone210868017_10152925860254679_4588434596388609685_nA photo showing a bearded Stone was released earlier.

    From a statement yesterday by Ferman’s office (italics added):

    Montgomery County law enforcement authorities are seeking the whereabouts of Bradley William Stone, a 35-yr-old Pennsburg resident, suspected in the deaths of six people and theserious wounding of another at three locations in Montgomery County this morning. All of the victims have a familial relationship to Stone.

    Photographs of Stone are attached. Stone is described as 5’10”, 195 pounds, Red/Auburn beard and mustache with closely cropped hair. Stone is known to use a cane or walker to assist him. Stone may be wearing military fatigues, in either sand or green color.

    Stone should be considered armed and dangerous.

    Anyone with information about Stone’s whereabouts is asked to call 9-1-1 immediately. Do not approach him.

    Police are conducting an extensive search in and around Pennsburg, at both known and outdoor locations where Stone may be located. People in that area should remain in indoors, keep their doors locked and call 9-1-1 if they think they have seen the suspect.

  • BULLETIN: Judge Freezes Property Owned By Mother Of WCM777 Ponzi Figure Ming Xu

    breakingnews72BULLETIN: A federal judge has frozen real estate in California owned by the mother of accused WCM777 MLM Ponzi schemer Ming Xu.

    U.S. District Judge John F. Walter of the Central District of California took the action today after court-appointed receiver Krista. L. Freitag alleged Friday that the $730,000 used to purchase the San Gabriel property in March had passed through accounts linked to both Xu and his sister Sue Wang.

    The buyer of the property, Xiaomei Deng, is the mother of Xu and Wang, Freitag said in court filings.

    Wang is associated with an entity known as MaNa Fashion, Freitag alleged last month. She further alleged that Xu, who did not initially disclose that Wang was his sister, effectively had transferred $1 million to her in February through an entity known as ToPacific Inc. Wang likewise did not initially disclose that Xu was her brother.

    Freitag now has discovered that Deng is the mother of Xu and Wang, Freitag alleged.

    MaNa initially tried to wire the $730,000 on March 13 to purchase the property, but the wire was rejected, according to Frietag. One day later, on March 14, MaNa “initiated a wire in the same amount of $730,000 from MaNa Fashion’s account to Deng’s personal checking account at East West Bank . . . ” Freitag alleged.

    “On the same day the $730,000 was wired to Deng, Deng transferred $700,000 of those funds” to an escrow company. She later transferred additional sums to complete the purchase of the property, Freitag alleged.

    Tens and tens of thousands of MLMers appear to have joined the Ming Xu WCM777 scam, which the SEC described in March as a “worldwide”  Ponzi- and pyramid scheme that had gathered tens of millions of dollars by posing as a “cloud” services business.

    The WCM777 tale has been marked by a series of bizarre events, including a declaration of love to the people of Peru that was written on the letterhead of a suspended California company linked to Xu.

  • FEDS: Liberty Reserve Figure Mark Marmilev Shilled On TalkGold Ponzi Forum And Also Hired Shills To Do So; Memo Speaks To Vast Wasteland Of Online Criminality

    recommendedreading1Mark Marmilev, the technology specialist for the cross-border Liberty Reserve money-laundering operation favored by HYIP scammers and other criminals before its May 2013 collapse, shilled on the TalkGold Ponzi forum, U.S. federal prosecutors said in a sentencing memo.

    Marmilev, 35, of Brooklyn, N.Y., also hired forum shills and separately tried to hatch an SEO scheme to “clean up” accurate online references to his boss Arthur Budovsky, the office of U.S. Attorney Preet Bharara of the Southern District of New York said in the memo.

    U.S. District Judge Denise L. Cote yesterday sentenced Marmilev to five years in federal prison.

    In Marmilev’s mind, the SEO scheme was needed because a press release by the Manhattan District Attorney’s Office about Budovsky’s indictment in a 2006 case was causing problems.

    “Marmilev proposed that the SEO expert publish information on the Internet falsely suggesting that the ‘Arthur Budovsky’ behind Liberty Reserve was a different person from the ‘Arthur Budovsky’ who was convicted by the Manhattan District Attorney, but who simply happened to have the same name,” prosecutors advised Cote. “Marmilev’s evident purpose in doing so was to distance Liberty Reserve from Budovsky’s criminal conviction, in an effort to promote an appearance of legitimacy for Liberty Reserve.”

    Said Bharara, “Mark Marmilev spent years designing and maintaining the technological architecture that allowed Liberty Reserve to operate a global payment processor and money transfer system that catered to criminals. Now, he will pay for that crime with five years in federal prison.”

    There are all kinds of remarkable tidbits in the Dec. 9 sentencing memo, which was posted at the RealScam.com antiscam forum by “NikSam.”

    RealScam, which covers international mass-marketing fraud, recently was targeted in an SEO campaign designed to link it to Jihadists and Islamic terrorists. (See PP Blog reference here. See RealScam thread here.)

    Court references to the TalkGold and MoneyMakerGroup forums as places from which Ponzi schemes are promoted date back years.

    In a current case of trying to confuse the public, veteran HYIP scammer “Ken Russo,” also known as DRdave, is using MoneyMakerGroup in a bid to deflect criticism of the emerging “Achieve Community” scheme.

    In a Dec. 10 conference call, Achieve Community was positioned as a good outlet for female senior-citizens with ailing husbands to direct cash.

    As BehindMLM.com reported today (italics added):

    Liberty Reserve’s two founders have yet to be sentenced, but you can bet they’re going to be receiving similar if not harsher penalties than Marmilev’s 5 year sentence.

    The jailing of a Liberty Reserve executive comes on the eve one of the larger Ponzi schemes in operation today gears up to announce their new payment processor.

    After a short-lived run with Payoneer, they terminated their relationship with Achieve. The scheme has yet to hook up with a replacement payment processor.

    Last week news broke that incoming investment into the scheme was now being handled by iPayDNA, but nothing yet has materialized on the withdrawal front.

    iPayDNA appear to be accepting investments from Achieve affiliates using multiple unrelated business entities originating out of China.

    The PP Blog hopes readers will take the time to read the sentencing memo posted by NikSam. Here’s another tidbit (italics/bolding added):

    Aftermath of Liberty Reserve Shutdown. Following the shutdown of Liberty Reserve in May 2013, law enforcement agents monitoring various online criminal forums (such as “hacking” or “carding” forums) observed numerous postings by users of these forums bemoaning Liberty Reserve’s closure and the resulting loss of funds that they had on Liberty Reserve’s system. Many users complained of losing tens of thousands of dollars or more that they had in their Liberty Reserve accounts. By contrast, very few Liberty Reserve users have contacted the Southern District of New York seeking to recoup their Liberty Reserve funds on the basis that they were conducting legitimate business on the site. When the Liberty Reserve takedown was announced to the public in May 2013, users were instructed to contact the Southern District of New York if they wished to recoup their funds.

    Notwithstanding that Liberty Reserve had more than 5 million registered user accounts, only 32 persons have contacted the Southern District of New York from May 2013 to September 2014. Similarly, notwithstanding that numerous Liberty Reserve accounts were doing a high volume of business as Liberty Reserve “exchangers,” only one Liberty Reserve exchanger has contacted the Southern District of New York about a potential claim since May 2013, and that claim was ultimately not pursued

    NOTE: Our thanks to the ASD Updates Blog.

  • Federal Prosecutors Have No Immediate Comment On ‘Achieve Community’ Call In Which Senior Citizen With 86-Year-Old Ailing Husband Was Told, ‘You Are Exactly The Type Of Person That The Achieve Community Is Built Around And For’

    achievelogo3RD UPDATE 11:30 A.M. ET U.S.A. A female senior citizen from the 434 Area Code in South-Central Virginia dialed into a  Dec. 10 “Achieve Community” conference call, according to an audio recording of the call playing on YouTube.

    She explained that she had a heart condition, that she had trusted in God and joined Achieve and that her 86-year-old husband of 53 years had been “in the hospital for a full year and six months in the nursing home.

    “And it took every penny of money that we had and could get together just to be able to pay those bills and live. For four years, we haven’t been living. We’ve been existing. We did not have enough money to pay our bills, to buy medicine, food, gas . . .”

    The woman explained that she had been paid by Achieve, had “nowhere to go” and “couldn’t get this kind of return on my money even if I could.”

    One of the hosts then said her tale was “very inspiring,” that he hoped things worked out with her husband and that (italics added):

    “I think your attitude is absolutely fantastic. You are exactly the type of person that the Achieve Community is built around and for . . .”

    Area Code 434 services Lynchburg and other communities in the Western District of Virginia.

    The office of U.S. Attorney Timothy J. Heaphy of the Western District of Virginia had no immediate comment on the call. The RealScam.com antiscam forum was the first to publish a link to the recording of the call. The PP Blog listened to the call and then contacted Heaphy’s office, which handles the Lynchburg area.

    Achieve Community, a money-cycler “program,” may be operating from Michigan. The purported co-founders are Troy Barnes and Kristi Johnson. Achieve enthusiasts Rodney Blackburn and Mike Chitty appear to have been the lead hosts on the call. Johnson briefly was on the line at the beginning of the call.

    The call demonstrates that Achieve Community, which purports to be an international company, is driving business in the United States by reaching across state lines. Callers on the Dec. 10 call were identified by their respective Area Codes.

    One female caller came on the line from Area Code 615, which serves the Nashville, Tenn., region. Another woman came on the line from Area Code 504, which covers Greater New Orleans in Louisiana. Yet another woman came on the line from Area Code 702, which serves the Las Vegas region in Nevada.

    The woman from 702 complained that Achieve, which claims that $50 turns into $400, was being elusive and capricious.

    Also on the line was a man who said he was from Baltimore. He raised concerns about problems Achieve had been having after reportedly losing the ability to use the Payoneer payment processor more than a month ago.

    Next up was a man from the 347 Area Code in the Greater New York City region. He complained that a “position” purchase he made hadn’t been credited. The elderly woman from 434 described above then came on, followed by a man from the 407 Area Code in the region of Orlando, Fla. The call concluded with a woman from Area Code 718 in the New York City region coming on the line.

    Achieve Community targeting is wide, covering twenty-somethings to eighty-somethings. One of the call hosts said Achieve money could be used to build churches, take care of families and pay off student loans.

    See the RealScam.com post with the YouTube video attributed to “washable jones,” who may be an antiscam activist.

    Also see Dec. 9 report on the PP Blog, plus PP Blog reports on Dec. 7 and Dec. 2 and Nov. 17.

     

  • SPECIAL REPORT: We’re Like ‘A Ride At Disney World,’ Achieve Community Cycler Bizarrely Claims

    From a YouTube promo for "The Achieve Community."
    From a YouTube promo for “The Achieve Community.”

    UPDATED 11:39 A.M. ET DEC. 12 U.S.A. In its latest effort to expand its reality-distortion field, “The Achieve Community” money-cycling “program” that tells prospects a $50 “position” increases by a factor of eight and turns into $400 in a few months (or even in as few as 55 days) has compared itself to The Walt Disney Co.

    Achieve represents both a “micro” and a “macro” scheme. Although participants can buy a single “position” for $50, they also can buy multiple “positions” for hundreds or even thousands of dollars, according to promos. At least one promo contends that 200 “positions” can be purchased 100 at a time in two separate transactions of $5,000 each. If this proves to be the case either in the past or in the future, the crime of structuring transactions to evade bank-reporting requirements could be on the table.

    Structuring is an element in the prosecution of figures associated with the eAdGear network-marketing “program” shut down by the SEC in September. Allegations of structuring also appear in civil filings by the Massachusetts Securities Division against TelexFree network-marketing figures in April. TelexFree now is in bankruptcy court, with prosecutors calling it a massive Ponzi- and pyramid scheme.

    The specific Achieve Community analogy noted in the headline and lede above is to Walt Disney World Resort in Lake Buena Vista, Fla. Even more specifically, it is to the rides at Disney World and the purported “hours” it takes to board one of them.

    From a Dec. 8 “Monday Night Update” post on the Achieve Community Blog credited to co-founder Kristi Johnson (italics added):

    I want to explain a bit more about how we work for the benefit of those new members . . . and thanks goes to Sheila once again for this wonderful analogy.

    Think of Achieve as a ride at Disney World. You get in line for the ride and it can takes [sic] hours! But it’s always moving, just like our matrix. And finally you get to the ride (the matrix) and it’s over in a few minutes! It may take a few months to hit our matrix, and once you get there you’ll be paid within days on all three levels. Then you can take the ride again!

    Here’s our initial take on the claims:

    • From a YouTube promo for Achieve Community.
      From a YouTube promo for Achieve Community.

      If you submit to this bollocks and think of Achieve as a ride at Disney World, you’re as out of touch as the Achieve organizers and some of their professional hucksters want you to be. Wake. Up. Now.

    • If you choose to remain in a network-marketing-induced Stepfordian trance, expect that a sudden desire to embrace every conspiracy theory under the sun will come next. If that happens, you’d better hope the BBC’s “Sunday Politics” program hosted by Andrew Neil never gives you the Alex Jones treatment.
    • You also might starting hearing, “Kenneth, what is the frequency?”
    • Lines indeed can be long at Disney World. (But there’s a free app for that.)
    • Disney doesn’t sell $50 cycler tickets and tell parents and starry-eyed kids that those tickets pay not only for the ride, but also will convert to $400 cash before fall takes over from summer. And Disney also doesn’t encourage parents and kids waiting in lines to plunk down another $50 (or more) as a means of fetching another $400 (or more) before winter takes over from fall. Moreover, unlike Achieve, Disney does not operate a cycler. The New York Stock Exchange would go apoplectic if Disney or its fans took to the web to claim purchases and repurchases of “positions” set the stage for $50 to morph into more than $1.6 million.
    • If Disney did what Achieve is doing, its operating revenue of nearly $49 billion in 2014 would translate into a liability of nearly $392 billion, creeping up on a hole of almost half-a-trillion dollars.
    • As a great American company, Disney wouldn’t dare do what Achieve Community is doing — for the same reasons Google wouldn’t do what the AdSurfDaily “advertising” scam was doing in 2008 and eBay wouldn’t do what the Zeek Rewards “auction” scam was doing in 2012.

    Cyclers such as the one operated by Achieve Community are among the Internet’s oldest forms of the Ponzi scheme. Because the fraud is so old — and because cycler carcasses litter cyberspace — cyclers have sought new and better ways to dupe the public. Internal mechanics and entry points may vary from $10 to hundreds of dollars. Recruiting may or may not be required, and there may be talk of “algorithms” or “secret algorithms.” Achieve purportedly has a proprietary “triple algorithm.”

    Ever hear of the Regenesis 2×2 matrix-cycler scam in 2009? The U.S. Secret Service did — and kept a Dumpster under surveillance to gather evidence. Material seized in the case, according to court records, included envelopes containing credit cards, debit cards and financial statements; 13 Priority Mail envelopes and 10 First Class Mail envelopes; and various computers, computer equipment and business records.

    Federal agents investigating now-shuttered Regenesis said they found the personal financial records of customers in the Dumpster, plus complaint faxes sent by customers and a letter from a law firm complaining about false, misleading and deceptive advertising.

    As is the case now with Achieve Community, Regenesis promoters took to the web with reports of getting paid.  Getting paid, however, is not proof that no scam exists. In 2010, promoters of the MPB Today cycler scam took to the web with “payment proofs” that were even crisper than the Regenesis “proofs.”

    MPB Today operator Gary Calhoun later was sentenced to a term in a Florida state prison.

    Despite "payment proofs" that appeared online, the MPB Today cycler was a scam that put its operator in prison.
    Despite “payment proofs” that appeared online, the MPB Today cycler was a scam that put its operator in prison.
    From an Achieve Community promo for a purported "repurchase" plan that turns $50 into ":ANY" amount.
    From an Achieve Community promo for a purported “repurchase” plan that turns $50 into “ANY amount you wish!”

    In HYIP Cycler Land, the much ballyhooed matrices move only when new money flows to a scheme, assuming the matrices even exist and further assuming an early entrant (or even a later one) doesn’t try to blackmail an operator by mixing a threat to go to the police with a demand for hush money or a selective payout.

    Is it any wonder that Vimeo has banned “videos pertaining to multi-level marketing (MLM), affiliate programs, get-rich-quick schemes, cash gifting, work-from-home gigs, or similar ventures?” Also not permitted on Vimeo are “rips of movies, music, television, or any other third party copyrighted material.”

    Members of WCM777, a network-marketing “program” taken down by the SEC earlier this year after money was channeled to all kinds of secret businesses,  found ways to work images of Sylvester Stallone and the music and imagery of the “Rocky” franchise into their scam. In 2010, promoters of the MPB Today “program” wrapped the music of Heart into their sales appeals. “Guaranteed No Scam,” one promo read in part.

    This could in part explain why Vimeo appears to return no search results for “The Achieve Community.” It’s heartening, but the great MLM/network-marketing ripoffs on YouTube continue — from pitches for obvious scams to piracy of music and video content. At least one promo for Achieve Community appropriates virtually the entire soundtrack of a recording of “You Raise Me Up” by Celtic Woman.

    And, hell, why not make a commercial for Achieve Community at an ATM provided by an FDIC-insured bank to sanitize your scam?

    In 2011, a now-missing cycler known as AutoXTen came out of the gate with a message of “Turn $10 into $199,240.” The purported opportunity was appropriate for “churches,” according to a sales pitch. AutoXTen debuted even as the state of Oregon was investigating a cycler and ordering sanctions totaling $345,000 against a pitchman. That “program” was known as “InC,” for “I need cash.”

    Is Traditional MLM Fighting Back?

    Though he doesn’t reference Achieve Community in a video posted Nov. 29 on YouTube, network-marketing veteran Eric Worre of NetworkMarketingPro.com laments all the “lazy . . . MLM online idiots in the marketplace.”

    “There’s too many, and it’s causing too much damage,” Worre says, noting the MLM ban at Vimeo and “boorish stuff” from MLMers “on any of the [social media] platforms.”

    “It’s out of control. It doesn’t work, and it’s causing tremendous damage,” Worre says.

    Nine days later came the preposterous Achieve Community analogy to Disney — this after Achieve reportedly had lost its original payment processor but went scouting for new ones, plus an offshore company to process credit cards. Purchasing and repurchasing of “positions” reportedly opened back up last week with a new card processor at the helm, but payouts to participants reportedly have not resumed.

    Not to worry, Achieve Community says.

    “When our Payout Processor is added next week,” the enterprise said Dec. 5 in a Blog post titled Friday Update, “we will be paying members who joined September 12th and will start paying out nearly $500,000.00 to our members.”

    If those payouts materialize, they will come after a payout halt of more than a month and after Achieve Community apparently found an offshore company to provide a merchant account that permitted it to take credit cards for the acquisition of matrix “positions.” In other words, Achieve started collecting “new” money and now publicly announces a plan to pay “old” members who were due to be paid in early November for “positions” taken out on Sept. 12.

    That, friends, is what Ponzi schemes do. More than that, it’s an indicator that Achieve was racking up a liability of $400 for every $50 it took in and was at least technically insolvent when Payoneer — its previous payment processor — reportedly pulled out weeks ago. Solving an insolvency condition by lining up new vendors to rekindle cashflow is one of the oldest tricks in the HYIP Ponzi books.

    The Achieve Community Disney analogy makes no sense at all  — except perhaps in that uber-bizarre, network-marketing way.

    That the Disney comparison came on a Monday night is particularly rich. That’s because ESPN, part of the Disney Media Group, was getting ready to televise Monday Night Football. Even as ESPN was doing that, other Disney brands such as ABC (and ABC News) were broadcasting to the world. At the same time, the Walt Disney Studios was engaged in movie production, and Disney Consumer Products and Disney Interactive were doing what they do.

    With Achieve, it’s only the upstart cycler and the hidden matrix positioned to be miraculous. What a racket!

    Disney stock closed yesterday at $93.80, up a humble 4 cents. The iconic brand is a Dow and S&P 500 component, but it’s easy enough to imagine the Achievers saying, “Four cents! Only 4 cents! Better join Achieve!”

    Did we mention the app for those Disney World lines?

     

     

  • URGENT >> BULLETIN >> MOVING: Court Denies Zeek Winners’ Motions To Dismiss Clawback Actions, Upholds Jurisdiction

    breakingnews72URGENT >> BULLETIN >> MOVING: (3rd Update 10:03 a.m. ET Dec. 10 U.S.A.) The federal judge presiding over clawback cases against alleged Zeek Rewards “winners” has dismissed jurisdictional challenges and a claim by the winners that Zeek was not selling securities under the Howey Test.

    The rulings mean that clawback claims seeking millions of dollars from the winners remain intact.

    Senior U.S. District Judge Graham C. Mullen of the Western District of North Carolina also has ruled that the receiver’s request to impose a constructive trust against the winners to prevent further dissipation of Zeek winnings was proper.

    The clawback defendants, including Trudy Gilmond, Trudy Gilmond LLC, Jerry Napier, Darren Miller, Durant Brockett, Rhonda Gates, Innovation Marketing LLC, Aaron Andrews, Shara Andrews, Global Internet Formula Inc., T. Lemont Silver and Karen Silver, had contended the fact they performed some work to score their winnings took a Howey prong out of play because they did not expect profits based solely upon the efforts of others. Absent this prong, the winners argued, receiver Kenneth D. Bell could not prove Zeek was selling unregistered securities as investment contracts.

    “Defendants’ emphasis upon the long hours they worked to recruit . . .  others is misplaced,” Mullen ruled. “Without the essential managerial efforts of [Zeek President Paul] Burks and [Zeek operator Rex Venture Group], no profits would have been generated at all.”

    And, Mullen added, “As the Court finds that it clearly has subject matter jurisdiction, it is unnecessary to address the Receiver’s ancillary and supplemental jurisdiction argument or his argument that the Court also has diversity jurisdiction.”

    Meanwhile, Mullen ruled that the winners’ claims that Bell could not pursue fraudulent-transfer claims under North Carolina law were without merit.

    “Defendants argue that this claim must be dismissed because neither the Receiver nor RVG  (in whose shoes he stands) is a ‘creditor’ as defined in the North Carolina Uniform Fraudulent Transfer Act (‘NCUFTA’) and therefore he has no standing to pursue fraudulent transfer claims. Defendants’ argument is without merit.”

    On the issue of the imposition of a constructive trust against the winners, Mullen ruled (italics added):

    “Defendants’ argument that they should not be subjected to the imposition of a constructive trust because their own fraud is not the subject of the complaint fails. The Complaint sets forth allegations sufficient to show that ‘some other circumstance’ makes it inequitable for these Defendants to retain the funds they received . . .  This ‘other circumstance’ is that Defendants received the funds from an admitted Ponzi and pyramid and that the funds are nothing more than other people’s money wrongfully diverted from RVG. Therefore, Defendants have received property which they ‘ought not, in equity and good conscience, hold and enjoy.’”

    Zeek figures Dawn Wright-Olivares and Daniel Olivares pleaded guilty to investment-fraud conspiracy earlier this year.

     

  • ‘The Achieve Community’ Promoter Records Commercial At ATM In Hawaii; YouTube Text Promo Claims Achieve A ‘True Lifetime Income Plan!’

    From a promo for 'The Achieve Community' plating on YouTube.
    From a promo for ‘The Achieve Community’ playing on YouTube.

    UPDATED 10:42 A.M. ET DEC. 11 U.S.A. Promoters of the MPBToday network-marketing scam recorded promos at FDIC-insured banks and inside Wal-Mart stores to sanitize the outrageous “program’s” fraud scheme in 2010.

    In 2013, MPB Today operator Gary Calhoun was sentenced to a term in Florida state prison on a racketeering charge. MPBToday operated a cycler in which it was claimed a $200 purchase could result in free groceries and gasoline for life.

    Now, a promoter of “The Achieve Community” cycler has recorded a commercial at an ATM of an FDIC-insured bank in Hawaii. The 0:51 promo is posted on YouTube and is titled, “Proof that my Payoneer debit card from the Achieve Community works!”

    Achieve appears to have lost its ability to gather money through Payoneer only days later, although it is unclear whether the ATM video played any role.

    Some promoters have positioned Achieve as a retirement plan. Others have claimed payouts are guaranteed and that no one has to sell anything.

    In 2013, a promoter of the Banners Broker “program” told a British newspaper that he had a plan to withdraw Banners Broker cash at a NatWest ATM and then deposit the cash in an HSBC account.

    Canadian authorities later declared Banners Broker an international scam that had harvested millions of dollars.

    In the Achieve YouTube promo with a publication date of Oct. 16, 2014, a man walks up to an American Savings Bank “Money Express” machine apparently in Kauai, displays an ATM card, inserts it in the machine and presses some buttons. The machine then dispenses a $20 bill, which the man shows to the audience.

    “It works,” he says smiling, and giving the audience a “thumbs up” sign. “All right. [Aloha.]”

    Text below the video reads, “Just wanted to show everyone that ACHIEVE + PAYONEER equals a True Lifetime Income Plan!”

    It is very early morning in Hawaii. American Savings Bank, an FDIC member as noted above, did not respond immediately to a request for comment.

    Regulators have issued repeated warnings about Ponzi- and pyramid schemes spreading on social media and also about affinity fraud.

    Some promos for Achieve Community have used religious and Christian themes. By some accounts, purchases of $50 Achieve “positions” can turn into tremendous sums of wealth through a strategy in which 50 percent of purported “earnings” are continually rolled back into the “program.”

    Also see Dec. 2 and Nov. 17 PP Blog stories, plus coverage  here and here and here at BehindMLM.com.

  • URGENT >> BULLETIN >> MOVING: eAdGear Figures Indicted In California On Conspiracy Charge Of Structuring Transactions To Evade Bank-Reporting Requirements

    breakingnews724TH UPDATE 3:44 P.M. ET U.S.A. Before the SEC announced its civil pyramid- and Ponzi-scheme case on Sept. 26 against eAdGear figures Charles Wang and Francis Yuen, the pair had been indicted on a criminal charge in U.S. District Court for the Northern District of California, the PP Blog has learned.

    Docket records show the indictment was filed under seal Sept. 18. On Sept. 23, prosecutors in the office of U.S. Attorney Melinda Haag requested the seal be lifted. The SEC announced its civil case three days later.

    The specific criminal charge is conspiracy to structure transactions to evade bank-reporting requirements. A grand jury alleged that the eAdGear duo directed two employees to open bank accounts in the employees’ names “for the purpose of using those accounts as nominee accounts in which to conduct structured cash transactions.”

    The FBI is leading the criminal investigation, according to papers filed in the case.

    News of an eAdGear criminal investigation first was reported yesterday by the Wall Street Journal under a headline of “SEC on Lookout for Web-Based Pyramid Schemes.” The PP Blog learned that an indictment had been returned by locating a criminal case number in a Nov. 12 order issued by U.S. District Judge Yvonne Gonzalez Rogers that also referenced the SEC’s civil case. The ASD Updates Blog then located the indictment, which lays out a structuring plot dating back to 2011 involving accounts at multiple banks.

    Separately, the PP Blog learned that police in Taiwan carried out eAdGear-related raids in October. News of the raids first was reported in Taiwanese media, including reports in Chinese.

    Accounts at JPMorgan Chase, Bank of America and Bank of the West allegedly were used in the Wang/Yuen structuring conspiracy, with Wang further accused of using accounts in his name and in the name of a relative to advance the plot.

    Transaction sums were kept below $10,000 “such that they would not cause the relevant financial institutions to generate a currency transaction report,” according to the indictment.

    “It was also a part of the conspiracy that, after these accounts were opened, [Wang], using funds for eAdGear memberships, made numerous structured cash deposits into these accounts and other accounts,” according to the indictment.

    Yuen, according to the indictment, “caused to be transferred tens of thousands of dollars of the structured cash deposits into a separate consumer loan account at [Bank of the West],” according to the indictment.

    Wang and Yuen both posted bond of $100,000, according to court records. Wang, 52, of  Warren, N.J., may need a Mandarin interpreter, according to the docket of the case.

    Yuen, 53, resides in Dublin, Calif., according to the SEC.

    The Wall Street Journal article includes a statement from HYIP huckster T. LeMont Silver.

  • BULLETIN: Terrorism In UAE: Abu Dhabi Security Forces Arrest ‘Ghost’ Suspect In Fatal Attack On American Teacher, Say They’ve Found Evidence Of Bomb Plot Targeted At Egyptian-American Doctor; Government Reportedly On ‘Highest Levels Of Alert’

    His Highness Saif bin Zayed announces the arrest of a female suspect in Monday's gruesome slaying of an American schoolteacher working in the UAE. Authorities say they've also linked the suspect to a bomb plot targeting an Egyptian-American doctor and his family. Source: Abu Dhabi police.
    His Highness Saif bin Zayed announces the arrest of a female suspect in Monday’s gruesome slaying of an American schoolteacher working in the UAE. Authorities say they’ve also linked the suspect to a bomb plot targeting an Egyptian-American doctor and his family. Source: Abu Dhabi police.

    BULLETIN: (Updated 10:41 a.m. ET U.S.A.) Police and security forces in the United Arab Emirates have arrested a suspect in the fatal knife attack Monday against a Hungarian-American schoolteacher and say the suspect also planted a bomb outside the residence of an Egyptian-American doctor.

    The bomb allegedly targeted the male doctor, his wife and three children. It allegedly was planted after the suspect murdered Ibolya Ryan, 47, a kindergarten teacher formerly of Colorado. Ryan was the mother of three, including twins. She was attacked in a Reem Island mall restroom.

    His Highness Sheikh Saif bin Zayed, Minister of the Interior and Deputy Prime Minister, announced the arrest. The suspect has been identified only as a woman who confessed after a raid by security forces. The UAE now is on “the highest levels of alert,” with the incidents described as terrorism, according to a statement released through Abu Dhabi police.

    From a statement by Abu Dhabi police (italics added):

    His Highness explained that the suspect targeted her victims based on nationality alone and had nothing to do with personal issues. She aimed to create chaos, shake the security in the country, and terrorize people in the UAE. These intentions have put the government on the highest levels of alert. According to HH: “Your brothers at the Ministry of Interior and security forces have worked all night and day to reach this suspect and to identify her – despite all of her attempts to disguise herself. Later that night, a team of security forces headed to the suspect’s location to arrest her. I would like to announce to you that she was arrested and is now in the custody of the police.”

    The U.S. Embassy warned Oct. 29 of “a recent anonymous posting on a Jihadist website that encouraged attacks against teachers at American and other international schools in the Middle East.”

    Although it remains unclear whether Jihadists engineered the attacks on Ryan and the unidentified doctor, the UAE itself appears to be ramping up security.