UPDATED 12:01 P.M. ET (U.S.A.) Has the pressure of being challenged on multiple legal fronts led to a split in the extended family of AdSurfDaily President Andy Bowdoin?
The depths of any split are unclear, and it is believed that Bowdoin has the continued support of some members of the Bowdoin/Harris family.
But interviews conducted by the PP Blog and information obtained through sources suggest Bowdoin is unable to travel internationally, no longer is living in Quincy, Fla., does not enjoy the uniform support of the extended Bowdoin/Harris family and has been blamed by some for engulfing them in the flames of a legal nightmare.
At least one family member has contacted federal prosecutors, according to a source. How prosecutors responded to the overture, which was said to have been made in the summer of 2009, is unclear.
On Saturday, numerous vehicles were parked at a Florida property associated with Bowdoin’s wife, Edna Faye Bowdoin, according to a source. Edna Faye Bowdoin is the mother of George Harris, the reputed co-owner of Bowdoin/Harris Enterprises and the AdViewGlobal autosurf, as well as the head of ASD’s purported “real-estate” division.
Several women were present, but Bowdoin was not seen, the source said.
A second source knowledgeable about the Bowdoin/Harris family described the family as a “family divided.” The PP Blog interviewed the second source in August 2009, and has not published comments from the interview until today.
The source spoke with the PP Blog on the condition of anonymity, and demonstrated knowledge of the family by voluntarily answering questions posed by the Blog prior to the interview and during the interview. The Blog was satisfied that the source could offer insight into the thinking of certain family members.
“There is already an unbelievable amount of friction in the family right now because of everything that Andy has done,” the source said. “This is very much a family divided.”
Less than a month after the Blog conducted the interview, the state of Florida revoked the corporate registrations of ASD and Bowdoin/Harris Enterprises Inc. because neither company filed annual reports despite the continuing presence of active litigation involving both firms and despite being given a five-month window to file required documents.
Neither Bowdoin nor family members explained why the corporate registrations were permitted to lapse. Only four days prior to the revocation, which could have been prevented by the simple filing of papers, Bowdoin told ASD members in a conference call that he had big plans for ASD.
On the same date Florida revoked the corporate registrations — Sept. 25, 2009 — federal prosecutors turned up the heat on Bowdoin by accusing him in court filings of trying to lie his way back into the federal forfeiture case against ASD’s assets.
Prosecutors made a veiled reference to AdViewGlobal in their filings, saying Bowdoin perhaps “was just buying time while searching for a different exit strategy that failed to materialize. Maybe Bowdoin thought that before the government brought its charges he (like some of his family members) could move to another country and profit from a knock-off autosurf program that Bowdoin funded and helped to start.”
Three days later, on Sept. 28, prosecutors turned up the heat again, filing a Secret Service transcript of an ASD conference call and advising a federal judge that Bowdoin was telling her one story and members another.
In the weeks that followed, U.S. District Judge Rosemary Collyer ruled that Bowdoin no longer had standing in the case. Bowdoin then attempted unsuccessfully to have Collyer removed as the judge.
Collyer has granted the government’s forfeiture petition in a case filed in August 2008 involving tens of millions of dollars. Bowdoin now is seeking a reversal of that order, claiming it came as a result of judicial error. Prosecutors, however, said the judge did not err and that Bowdoin’s arguments are “impenetrably illogical.”
Purportedly headquartered in Uruguay, AdViewGlobal, which crashed and burned in June 2009, had close family, membership and promotional ties to ASD.
In the August 2009 interview, the source described George Harris and his wife, Judy Harris, as “very worried.”
“Judy heard that the Secret Service was staring to investigate [AdViewGlobal,]” the source said.
Certain family relationships are fractured beyond repair, the source said.
“These relationships are done,” the source said. The source said that paranoia was gripping certain family members and that there were efforts to compartmentalize knowledge and limit use of the telephone.
“They became very shady,” the source said.
Andy Bowdoin led family members and members of ASD and AdViewGlobal down the primrose path, the source said.
AdViewGlobal was described by Bowdoin as a “wonderful idea,” the source said, noting that Bowdoin described the successor autosurf as ASD with tweaks.
AdViewGlobal launched after ASD’s assets were seized amid Ponzi, wire-fraud, securities fraud and money-laundering allegations.
Andy Bowdoin wanted to proceed with AVG, according to the source, “because, with a few little tweaks, this company can make it.”
In June 2009, less than a year after ASD’s assets were seized, AdViewGlobal announced a suspension of cashouts, exercising its version of a “rebates aren’t guaranteed” clause.
How much money the surf collected and how much it paid out are unclear.
UPDATED 2:37 P.M. ET (March 5, U.S.A.) If the United States or any U.S. based police agency were to purchase database entries from Data Network Affiliates (DNA), the government and the agencies would be purchasing information from a company that uses a Cayman Islands address.
Even as it suggests the U.S.-based AMBER Alert program is wasting taxpayers’ money and encourages U.S. residents to write down the license-plate numbers of their neighbors for entry in a database, DNA is using a service in the Cayman Islands to keep the registration data of its domain name hidden.
The street address in the registration data is used by an untold number of businesses, including porn sites and malware sites, according to Google search results. On May 4, 2009, President Obama specifically cited the Cayman Islands in remarks on his initiative to combat offshore tax fraud.
Using capital letters on its website, DNA said the U.S.-based AMBER Alert system had recovered “ONLY” 492 abducted children, saying “DNA could help in such safe recoveries at a fraction of cost of Amber Alert.” Meanwhile, a DNA pitchman in a conference call questioned AMBER Alert’s effectiveness, even as DNA was using an address in the Cayman Islands.
“I’m pretty sure you heard of AMBER Alert,†he said. “It saved over 497 people. But guess what? AMBER Alert, I think, costs about over $100 million a year or some kind of astronomical number.”
The same pitchman also has suggested that U.S. church parking lots and the parking lots of giant retailers such as U.S.-based Walmart were places DNA members could harvest license-plate numbers for entry in DNA’s database.
Why the company chose a Cayman Islands address for its website is unclear. Also unclear is why DNA would at once criticize AMBER Alert while repeatedly using its name to generate business for a company that lists its address as George Town, Grand Cayman, the capital city of the Caribbean nation in the British West Indies.
AMBER Alert is managed by the U.S. Department of Justice. Its secondary program is managed by the U.S.-based National Center for Missing & Exploited Children.
Like Narc That Car — another company that is urging members to write down license-plate numbers — the DNA pitchman implored prospects to view the company as an excellent tool for “law enforcement.â€
“We’ll be able to reunite families,†he said. He did not reference the Cayman Islands domain registration in his pitch.
DNA says it has an “Executive Power Team,” identifying Dean Blechman as its chief executive officer, board chairman and founder.
“In the early 1990’s Mr. Blechman served as Director and Board Member of the National Nutritional Foods Association (NNFA),” DNA says on its website. “Mr. Blechman was a key strategist and lobbyist for the NNFA and was influential in the team that was responsible for the passage in 1994 of the Dietary Supplement Health and Education Act through the United States Congress and Senate. This bill still stands today as one of the most important pieces of legislation in the Health Food and Natural Food Supplement Industry.”
Troy Dooly, a multilevel-marketing (MLM) aficionado who runs the MLM Help Desk website, issued a Scam Alert on DNA yesterday. Dooly’s Scam Alert followed on the heels of an earlier one he issued for Narc That Car, which is the subject of an inquiry by the BBB in Dallas and an inquiry by the district attorney of Henderson County, Texas.
“Data Network Affiliates aka DNA makes Narc That Car look like saints,” Dooly said on the MLM Help Desk website.
Meanwhile, MLM aficionado Rod Cook, who was threatened with lawsuits for publishing information on AdSurfDaily, which later was implicated in a $100 million Ponzi scheme, also has labeled Narc That Car a scam.
Narc That Car is “one of the cutest pyramid tricks ever pulled!!!!” Cook exclaimed on his MLM Watchdog website.
Separately, a You Tube site featuring a Jeff Long video for Narc That Car in which Long informs viewers that he recorded 100 license-plate numbers for Narc That Car on his iPhone as he strolled though a Walmart parking lot, now says that he has jumped ship to DNA.
In the Narc That Car video, Long said he collected so many license-plate numbers at Walmart that he could give some way to Narc That Car prospects, perhaps even enough for them to qualify for a $55 payout without leaving home.
Long, though, now has turned sour on Narc That Car, according to a screaming message on the YouTube site.
“This video talks about NARC That Car,” a message on the YouTube site says. “IF YOU ARE PLANNING ON MARKETING THIS BUSINESS ON THE INTERNET DO NOT JOIN!!!!! NarcThatCar CANCELED AND DISABLED My distributorship because I put this video YouTube…I’m now the #1 leader and sponsor in their BIGGEST COMPETITOR’S BUSINESS…DataNetworkAffiliates. Again…don’t join NarcThatCar if you plan on marketing on the internet!!!!!! JOIN DNA WITH ME FOR 100% FREE!”
Long’s name was referenced in a recent DNA conference call.
In other Narc That Car news, promoter “Jah” says he has received a check for $70 from Narc That Car.
Jah, who says he has a Narc That Car team of 100 members, posted a video of the check on YouTube.
In May 2009, Obama announced a crackdown on offshore fraud. On the same date — May 4 — the AdViewGlobal autosurf announced it had secured a new international wire facility. AVG crashed and burned in June 2009. The company it identified as its facilitator — KINGZ Capital Management Corp. (KCM) — later was banned by the National Futures Association (NFA) amid allegations that it failed to uphold high ethical standards and failed to supervise its operations.
NFA’s specific ban on KCM centered on Minnesota Ponzi scheme figure Trevor Cook, who allegedly managed a KCM investment pool. Cook is one of two central figures in an alleged Ponzi scheme and financial fraud involving at least $190 million. The other central figure is Pat Kiley, a former host on Christian radio.
Promotions for Narc That Car have appeared on the former Golden Panda Ad Zone forum, now known as the Online Success Zone. A pitch for DNA also appears on the site, as well as a promoter’s link to DNA conference calls.
Golden Panda was implicated in the alleged AdSurfDaily Ponzi scheme.
At least three promos for Narc That Car and DNA have appeared on the former Golden Panda forum in recent days. One of the promos for Narc That Car was deleted. Two remain: one for Narc That Car, another for DNA.
“UPDATE: D.N.A – FREE Method of Earning GOOD Money…Just surpassed 19,000 Members and Climbing,” says the headline in the DNA promo on the former Golden Panda site.
UPDATED 2:46 P.M. ET (U.S.A.) And to think a cheerleader for AdSurfDaily once boasted online that Megalido was “offshore” and therefore safe from government meddling, after earlier suggesting that ASD members who did not support the company after Ponzi allegations surfaced perhaps would get dragged off in handcuffs while supporters remained free.
To further chill ASD defectors, the cheerleader even shared his version of lyrics from the television program “COPS.”
“Bad Boys, Bad Boys, Whatcha Gonna Do?” he chanted on the now-defunct AdSurfZone forum, a predecessor site to the Pro-ASD Surf’s Up forum. “Whatcha Gonna Do>WHEN<THEY COME FOR YOU ?!!!”
Could an adult be so out of touch he actually believed law enforcement did not have a clue about how fraudsters operate and had no experience at all investigating intricate and elaborate crimes that touched all 50 U.S. states, Canada, the Caribbean and other parts of the world?
The plain answer is yes.
Even as the apologist chanted, however, the FBI was in the seventh year of one of the most intricate and exhaustive probes in its history, a history that dates back to 1908.
Now the FBI, which has 456 satellite offices in the United States and 60 offices overseas, says it is “wrapping up” a penny-stock investigation “that was so massive it took the better part of a decade to unravel.”
Operation “Shore Shells†included probes into 40 separate schemes and, to date, has resulted in 40 convictions, the agency said. The FBI and partner agencies chose the “Shore Shells” name because the probe originated on New Jersey’s Atlantic coast and involved “fake” companies or “shell” firms.
Targeted in the probe were CEOs, stock brokers, CPAs, financial advisers and attorneys who conspired to pump up the price of penny stocks with bogus news releases, false postings on Internet forums and fraudulent information delivered in newsletters, the FBI said.
Perhaps the most notable conviction to date was that of Robert P. Gordon, 57, of
St. Petersburg, Fla. Gordon was sentenced in New Jersey to 20 years in prison, after a jury found him guilty of conspiracy to commit securities and wire fraud and conspiracy to commit money-laundering.
Investors lost $15 million in the pump-and-dump scheme, which included company names such as TeleServices Internet Group Inc. (TSIG) and Phoenix Information Systems Inc.
“Gordon and several of his co-conspirators executed fraudulent agreements between TSIG and offshore entities, which they secretly controlled,” prosecutors said. “Typically, the offshore entities were located in the Cayman Islands.”
The elaborate scheme involved fraudulent consulting agreements with other entities, and co-conspirators “caused millions of shares of the TSIG stock to be issued in the name of the entities,” prosecutors said. The conspirators attempted to skirt securities laws, and
fraudulently received shares that were laundered in Canada and the United States.
“Afterward, the ill-gotten proceeds were often laundered by wire transferring those funds from the brokerage accounts to an attorney trust account located in Denver and then dispersed to the co-conspirators,” prosecutors said.
Investors dump their life savings into pump-and-dump schemes, which deliberately are designed to be elaborate to line the pockets of insiders.
Now the FBI has disclosed some details about the victims — the people the AdSurfZone poster would have ASD members believe were the “Bad Boys” for not cheerleading for the international scammers.
Here, according to the FBI, are some victims’ stories in brief:
A man suffering from multiple sclerosis. His stockbroker liquidated the man’s pension and IRA, “and left him nearly penniless.”
A woman who invested her savings and pension. She also took out a second mortgage to bolster her stake, and “lost everything.”
A husband and wife who both developed dementia during the probe. FBI agents spent hours with the victims and their family members at a nursing home, while also meeting with the victims’ accountants to reverse-engineer their losses.
A physician from a “prestigious hospital.” The doctor “began suffering from severe depression after learning of the scam and became unable to work.”
As operation “Shore Shells” expanded, it grew to include more than 100 seizure and forfeitures actions totaling more than “$70 million in cash, artwork, jewelry, homes, cars, and other valuables.”
The real “Bad Boys” have been ordered to pay more than $130 million in restitution.
“We expect millions more to be forfeited and repaid to the victims,” the FBI said. “We spent years interviewing more than 600 mainly elderly victims, painstakingly documenting their sometimes heartbreaking losses.”
Others convicted in operation “Shore Shells” include Gary Brown, 61, of Sarasota, Fla.; Joseph Morgan, of St. Pete Beach, Fla.; and Gary Brown, also of Florida, for their roles in a scheme involving a company known as Skylynx Communications.
Brown pleaded guilty to conspiracy to commit securities fraud, wire fraud, and money laundering. His sentencing is set for for May 7.
“At his plea hearing, Brown admitted that beginning in May 2002 and continuing through October 2005, he operated a sophisticated scheme, involving more than five co-conspirators, which used deceptive and manipulative practices in connection with the fraudulent issuance, purchase, and re-sale of shares of stock of Skylynx Communications,” prosecutors said.
More than 50 Skylynx investors were defrauded. Brown admitted that he conspired with Morgan, who already has been sentenced to two years in prison, and McPhee, whose sentencing is pending, prosecutors said.
Brown agreed to forfeit about $650,000, as part of his plea.
NarcThatCar wants you to pay it $100 up front. For that fee, you become a “consultant” qualified to write down the license-plate numbers of 10 cars per month, input the information into a database and earn multilevel commissions by recruiting. After you pay the $100, you’re then charged $24.95 a month for a website, according to Narc That Car.
Some members of AdSurfDaily and Golden Panda Ad Builder now are promoting the NarcThatCar program, which says clients such as major automobile manufacturers, companies that have private liens against cars, banks, car dealerships that do their own in-house financing and commercial vehicle companies are interested in purchasing information from the database.
If the repo man, for example, is looking for a car and the owner is hiding it, NarcThatCar — relying on the input of its team of license-plate gawkers — will sell him a database entry on reported sightings of the car for $99 — and even provide a map of the reported sightings.
The repo man also has the option of offering a “finders fee for information which leads to the location of your collateral,” Narc That Car says. “This option sometimes helps the process along.”
NarcThatCar labels its license-plate gawkers “independent consultants.” It appears as though any independent consultant hit by a car or otherwise injured while while gawking at license plates and recording their numbers would need to rely on his or her own insurance.
The NarcThatCar website does not explain how consultants should proceed if, say, a local merchant calls the police to complain that a strange person appears to be walking around the parking lot and writing down license-plate numbers.
Who else can use the Narc That Car database?
“Law-enforcement agencies, government agencies, missing persons and the Amber Alert program,” Narc That Car says in a video to recruit prospects.
Information on Amber Alerts, which are issued when a child goes missing, scrolls across the bottom of the NarcThatCar website.
The U.S. Department of Justice, which celebrated the 14th anniversary of the Amber Alert program Jan. 13 and maintains an official website on the program, did not immediately return a call seeking comment on the NarcThatCar program.
NarcThatCar does not list the names of any clients on its website. Nor does the company disclose information on how many database clients it has and how many of them are paying fees to receive a report on a target vehicle. Also unclear is whether Narc That Car imposes a fee if the government or the Amber Alert program wanted to use its database.
Narc That Car, however, does disclose that it has rounded up “thousands” of consultants to write down license plate numbers, enter the information in a database and potentially earn MLM commissions at least five levels deep.
The business is simple, Narc That Car explains.
“Narc a Few Cars,” the company says. “Teach Others How to Narc Cars.”
The company says members are required to act in a “lawful, ethical and moral manner” and perform “with honesty and integrity.” NarcThatCar adds that it provides instruction on federal and state privacy laws and “fundamental training on the the proper way to gather information.”
On “the online success zone,” a forum once known as “The Golden Panda Ad Zone,” a Narc That Car sponsor is promoting the program in a thread titled, “ANYONE CAN DO THIS…write down 10 license plates a month get paid.”
The Amber Alert program is referenced in the first sentence (18th word) of the Narc That Car pitch.
“A company out of Dallas needs to grow a data base of license plates to use for Amber Alerts and other reasons,” the pitch begins.
A year ago, members of AdViewGlobal and AdSurfDaily asked Sen. Patrick Leahy, chairmain of the Senate Judiciary Committee, to endorse Ponzi schemes and investigate the prosecutors in the ASD case. This year, members of the failed Gold Nugget Invest (GNI) HYIP are doing most of the early season cheerleading for reprehensible "programs," while sabotaging debate in the ranks and continuing to argue there is something noble about fraud schemes. Fifteen U.S. banks failed while GNI members were singing the praises of the HYIP in the opening days of 2010. GNI tanked earlier this month. Thirteen U.S. banks failed while AVG/ASD members were conducting a letter-writing campaign to Leahy in the opening days of 2009.
The new year is starting out like the year that just passed. Banks are failing, unemployment is high, money is not trickling down to small businesses that need capital to expand and create new jobs — and the Ponzi pimps are still putting lipstick on pigs, pushing autosurfs and HYIPs and cheerleading for them even when they fail.
Gold Nugget Invest (GNI) quickly has become this year’s equivalent of last year’s early season favorite, AdSurfDaily (ASD), among the apologists. As was the case a year ago with ASD, the GNI faithful and delusional members of the failed HYIP have emerged to lead the cheers, make the excuses, confuse the issues, sabotage legitimate discussions and set the stage for even more people to lose tremendous sums of money to practiced online schemers.
Web records suggest that at least 57 percent of funds directed at GNI originated in the United States, and there are claims that GNI had 11,000 members. GNI tanked earlier this month, directly on the heels of an HYIP known as “Cash Tanker,” which used images of Jesus Christ in its marketing materials.
Yes, even an HYIP that called itself Cash Tanker and used a revered figure as though he were just another hamburger salesman on TV was able to collect untold sums from investors by relying on HYIP cheerleaders to spread the gospel of robbing Peter to pay Paul.
First, a brief look at the banking environment.
Five U.S. banks failed Friday, bringing the year-to-date total to 15. That’s ahead of last year’s pace. Through Feb. 14, 2009, 13 U.S. banks had failed. Twenty-five failed in all of 2008, and only three failed in 2007.
By the time the banking bloodletting had ended in 2009, a total of 140 banks had failed. With 15 failures already this year, the United States is on pace to record 180 in 2010. The FDIC insurance fund fell into the red last year under the weight of the failures, and the agency is replenishing the fund by requiring banks to prepay fees for insurance.
A Year Ago
Most notable among the Ponzi pimps a year ago at this time were the promoters of ASD and its offshoot, the AdViewGlobal (AVG) autosurf. They hailed AVG as a cure for what ailed the U.S. economy, even though ASD had been implicated in a wire-fraud, money-laundering, securities fraud and Ponzi scheme that resulted in the federal seizure of tens of millions of dollars.
AdViewGlobal, which tanked in June 2009, formally launched a year ago this week. It was pushed by ASD members who positioned AVG as an “offshore” alternative.
Almost a year ago, the Pro-ASD Surf’s Up forum led a campaign to Sen. Patrick Leahy that sought the Senate’s endorsement of Ponzi schemes — it seems incredible, but it’s true — and also sought to have the Senate investigate the prosecutors and agents who were investigating the alleged ASD Ponzi scheme.
Incredibly, last year’s Surf’s Up campaign, which piggybacked off a campaign by ASD mainstay “Professor” Patrick Moriarty, came to the fore during a time in which 13 U.S. banks were failing in the opening days of the year; the Bernard Madoff Ponzi scheme ($65 billion) was still a fresh news item; the Tom Petters’ Ponzi scheme ($3.65 billion) was in the news; the alleged Allen Stanford Ponzi scheme ($8 billion) was in the news; the alleged Arthur Nadel Ponzi scheme ($350 million/$400 million) was in the news; the alleged Paul Greenwood/Stephen Walsh financial scheme ($553 million) was in the news; and the alleged Nicholas Cosmo Ponzi scheme ($370 million) was in the news. There were others, of course.
At the same time the events cited in the paragraph above were making fresh news, autosurfs and HYIPs also were falling like dominos and taking investors’ money with them. Notable among them were MegaLido, Noobing, Frogress, Daily Profit Pond, Premium Ads Club and Aggero Investment. All of them were pushed by promoters who also were pushing AVG (and had pushed ASD).
Some of the promoters simultaneously tried to sanitize the “industry” through the letter-writing campaign to Leahy, asserting, for example, that the schemes actually were legitimate opportunities and that the government did not understand the technology or the math behind the schemes.
Despite the headlines of spectacular Ponzi fraud in the mainstream press, despite the fact that it was impossible to miss news about Ponzi schemes unless you lived a life of blissful ignorance or had chosen to be willfully blind, despite the fact that sites such as Scam.com and WorldLawDirect and the PP Blog had published tons of information on autosurf and HYIP Ponzi schemes, despite the fact that the U.S. and other governments had published warnings about the frauds and had filed both civil and criminal cases against the fraudsters, despite the fact that no autosurf or HYIP ever has stood the test of time and survived, the schemers closed ranks and continued to shill and shill and shill and shill.
They’re still shilling a year later.
GNI Becomes The New ASD In Opening Days Of 2010
This year’s early season ASD is GNI. Instead of writing letters to Leahy, though, some of the apologists are saying that the HYIP critics and doubters in the GNI ranks should quit complaining and starting donating money to Haiti earthquake relief. As was the case with ASD, all of the cheerleading is occurring blindly. Not a shred of evidence has emerged that anything about GNI was real.
And instead of Madoff, Nadel, Cosmo, Stanford and the other Ponzi notables cited above being the preeminent contextual backdrop a year after the Surf’s Up campaign, figures such these have replaced them: alleged Ponzi schemers Trevor Cook and Christian radio host Pat Kiley ($190 million); proven Ponzi schemer Scott Rothstein ($1.2 billion); proven Ponzi schemer Milton Retana ($62 million/$3.2 million in cash found in back of religious bookstore); proven Ponzi schemer Gold Quest International (about $29 million; ruled a Ponzi and a pyramid scheme by Canadian authorities); proven Ponzi schemer and former Christian clergyman Brian David Anderson ($4 million, link to Flat Electronic Data Interchange (FEDI), whose operator, Abdul Tawala Ibn Ali Alishtari, also known as “Michael Mixon,†was convicted in September 2009 of financing terror and fleecing investors in the FEDI scheme); alleged Ponzi schemer Arthur Leroy Heffelfinger ($2.02 million, including alleged theft from woman in 90s with dementia): alleged Ponzi schemer Mariana Montes (at least $682,000 in combo Ponzi and fraud case, including alleged theft from 90-year-old widow); proven schemer John Anthony Miller ($15 million, tried to flee United States by using identity of deceased Catholic school classmate); proven schemer Bradley L. Ruderman ($25 million, mostly from family and friends); alleged schemer Edmundo Rubi (operated $24 million “Knights Express†Ponzi scheme earlier in decade, sentenced to prison, emerged from jail with new scheme targeting original customers); proven Ponzi schemer Marcia Sladich ($15 million, scheme targeted churchgoers); alleged Ponzi schemer Steve Salutric (at least $1.8 million, including more than $400,000 from 96-year-old widow with dementia).
There are others, of course, and the names constantly change. What hasn’t changed is that the autosurf and HYIP shills continue to shill and shill and shill, even as one bank after another is failing and one Ponzi schemer after another is making one headline after another.
We can’t think of anything that matches the level of disconnect or demonstrates the same level of greed and wanton criminality — not even Rothstein’s Bugatti and collection of other fine automobiles purchased with Ponzi proceeds.
David Krywenky of KINGZ Capital Management: Source: Marketwire
UPDATED 5:25 P.M. ET (U.S.A.) KINGZ Capital Management Corp. (KCM) might have been used or contemplated for use as a tool in two far-reaching, incredibly elaborate Ponzi schemes, according to an analysis of public records and other information.
One of the schemes ultimately appears to have consumed tens of millions of dollars in a squalid venture that used a royalty theme trading off the name “Crown.” It involved purported forex trading in Switzerland under the name “Crown Forex SA” and an American namesake called “Crown Forex LLC” allegedly set up to confuse investors and perhaps authorities.
The other scheme, which appears to have been nipped before it could mushroom on a grand scale, sought to kickstart a rapidly collapsing autosurf believed to be an offshoot of an existing criminal enterprise desperately seeking to extend its reach from the United States into the Caribbean, Central America, South America and perhaps Europe to keep itself alive.
The first scheme, which included other confusingly similar corporate names such as Oxford Global Partners LLC and Oxford Global Advisors LLC, became the subject of fraud charges filed by the SEC and the CFTC in November. Investors appear to be out tens of millions of dollars.
Charged in the $190 million November case were Trevor Cook, former Christian radio host Pat Kiley and several other companies. The allegations paint the picture that Crown Forex LLC set up a U.S.-based bank account to siphon money investors believed was destined for the Swiss entity, which they knew as Crown Forex SA.
“Cook and [Pat] Kiley, directly and acting through others, deposited checks from many investors, into a U.S. bank account in the name of a domestic shell company, with a name — Crown Forex, LLC –Â that was misleadingly similar to the Swiss firm Crown Forex, S.A.,” the SEC said.
Cook was jailed earlier this week for violating a court order that required him to turn over assets.
Separately, the National Futures Association (NFA) charged KCM in September with permitting Cook — who was not accredited and previously was disciplined by NFA for highly questionable business practices — to manage a KCM fund that purportedly contained “somewhat above and below $300 million” between September 2008 and July 2009.
KCM now has been permanently banned from NFA membership. David Krywenky, KCM’s vice president, has been banned for three years.
It’s anybody’s guess how much money the fund actually contained and what happened to the money. The SEC, the CFTC and a court-appointed receiver are turning over numerous domestic and international rocks to find assets of Cook and Kiley’s alleged epic fraud.
NFA’s allegations against KCM are disturbing. Not only was Cook managing a KCM pool known as KCI, according to the allegations, Cook’s Oxford Global Partners “appeared to be the only investor” in the KCI pool and all of the pool’s money was dumped into Crown Forex SA, a company in which Cook purportedly owned a majority stake and a company Swiss authorities declared bankrupt.
Was Cook At The Intersection Of A Second Scheme?
The second scheme to which KCN’s name has been linked was called AdViewGlobal (AVG), an autosurf purportedly headquartered in Uruguay but believed actually to have operated from inside the United States, most likely from Florida but perhaps also from Arizona. Autosurfs pose as “advertising” companies to skirt securities laws, authorities say.
AVG had close family, membership and promoters’ ties to AdSurfDaily, a Florida company implicated by the U.S. Secret Service in a $100 million Ponzi scheme. Federal prosecutors are well aware of AVG. So are attorneys suing ASD President Andy Bowdoin and ASD attorney Robert Garner for racketeering.
KCM’s tie to AVGÂ — according to AVG — was as the surf’s new facilitator of offshore wire transfers after AVG earlier had lost access to a bank whose name was not disclosed. AVG, among other things, claimed to own a payment processor known as eWalletPlus.
Records suggest eWalletPlus was an extension of corporate shells in Nevada and Arizona. At least two other companies claimed to own eWalletPlus during the same time period in which AVG claimed ownership. In March 2009, AVG announced its back account had been suspended. Problems with eWalletPlus were reported at the same time.
AVG identified KCM as its new wire facilitator on May 4, 2009, the same day the Obama administration announced a crackdown on international financial fraud. KCM denied AVG’s claim on May 7, saying it believed AVG had targeted it in a scam and perhaps was tying to use a third company based in Florida to route money to itself.
KCM identified the third company as Living Legacy One LLC. Records in Florida identified Gerald Castor as Living Legacy One’s principal, and a communication from AVG identified Castor as an employee of the surf’s “Compliance” department.
Michael P. Krywenky, David Krywenky’s father, denied any AVG ties in an interview with the PP Blog. The interview was conducted in May 2009, after Michael Krywenky contacted the Blog and asked it to remove a story citing AVG’s wire claim.
The Blog declined to remove the story. Instead, it published a story about Michael Krywenky’s denial. The story was based on an interview the Blog conducted with Michael Krywenky and an email Michael Krywenky sent the Blog on May 7, 2009.
“I think that we may be victims of a scam here and we are investigating this further at our end as well,” Michael Krywenky said in the email. “Thank you for bringing this to our attention. In the meantime, we please (sic) remove this posting since it contains false information that is detrimental to our company.”
A month later, in June 2009, the SEC began to investigate the Cook/Kiley entities. By September 2009, the NFA was accusing David Krywenky and KCM of permitting Cook to manage an investment fund and not making a claim for money lost when the Swiss entity went bankrupt.
Whether NFA questioned David Krywenky and KCM about AVG is unclear.
“KCM and D. Krywenky failed to act in the best interests of KCI’s participants, both known and unknown, in that when they knew or should have known that funds on deposit at Crown Forex, SA were frozen pursuant to that firm’s bankruptcy they took no action on behalf of the KCI pool to participate in the bankruptcy as a creditor or otherwise protect KCI’s equity,” NFA said.
NFA further accused David Krywenky and KCM of turning a blind eye to Cook, now implicated with Kiley in a colossal fraud.
AVG, which shielded members from knowing the identities of its owners by signing communications “The AVG Management Team,” never explained how it had identified KCM as a possible facilitator. The surf also ignored Michael Krywenky’s public denial that it had any business relationship with AVG, explaining that the wire deal it had announced as completed only days earlier — up to and including providing detailed wiring instructions — had fallen through as a result of failed negotiations.
Meanwhile, the surf also did not address Michael Krywenky’s claim that AVG appeared to be trying to route money to itself through Living Legacy One, the entity associated with Castor.
Michael Krywenky said KCM was consulting with attorneys to address AVG’s false claims and that the company had taken steps to ensure AVG could not receive money through KCM. AVG spent the balance of May promoting the launch of a new website and telling both prospects and recruiters that they could earn matching bonuses of 200 percent for sending money to the company or causing money to be sent to it.
Like ASD, AVG used offshore payment processors such as Canada-based Solid Trust Pay.
AVG collapsed in June, taking an unknown amount of money with it. Before the collapse, AVG identified George and Judy Harris of Tallahassee, Fla., as its owners. They previously had been identified as “Trustees” of AVG’s “private association,” which had cited U.S. Constitutional protections while purporting to he headquartered in Uruguay.
AdSurfDaily members later said ASD President Andy Bowdoin was a silent partner in AVG, claiming that Bowdoin had dispatched George Harris to Switzerland to establish bank accounts.
George Harris is Bowdoin’s stepson. The Harrises were named beneficiaries by the U.S. Secret Service of ASD’s illegal conduct in December 2008. AVG formally launched two months later, in February 2009, after the Harrises and Bowdoin’s wife, Edna Faye Bowdoin, had been named recipients of ill-gotten ASD gains — and after a major court ruling went against ASD, and after Bowdoin had been named a defendant in a racketeering lawsuit brought by members.
In May 2009 — the month during which AVG purportedly had turned to KCM to establish a wire facility and during a period in which Trevor Cook allegedly was managing money for a KCM entity known as KCI — the alleged Cook/Kiley Ponzi scheme appears to have been collapsing.
Cook has not been publicly linked to AVG. At a minimum, however, someone within AVG appears to have identified Barbados-based KCM as a solution to the company’s wire problem — and the NFA allegations establish a tie between KCM and Cook.
At least for a few days in May 2009, AVG was sufficiently confident that its wire problem was solved, so much so that it provided members detailed wire instructions with KCM’s name and an account number.
Given the nature of NFA’s allegations that Cook somehow had wormed his way into KCM’s purported forex operations with KCM turning a blind eye, it is reasonable to ask whether Cook also somehow had wormed his way into an intersection at which he could have cherrypicked funds from other KCM customers — and whether AVG and other autosurfs and HYIPs had turned to KCM to solve domestic banking and wire problems.
Investigators might be interested in determining if Cook somehow positioned himself to cherrypick fresh autosurf cash and apply it to his alleged existing Ponzi scheme, thus funding it with proceeds from other Ponzi schemes. Indeed, it is reasonable to ask if Cook’s influence with KCM extended from the forex fund to other areas of the business.
Why?
Because KCM, which became an NFA member in November 2007, issued two news releases less than a year later — in October 2008 — announcing it was managing more than $330 million. In a release dated Oct. 15, 2008, KCM said it had “received investment subscriptions of $334,263,000.” In a release eight days later — on Oct. 23, 2008, KCM said “clients who participated in their first raise of just over $330 Million US . . . have reported a very steady and consistent cash flow and rate of return.”
The Star-Tribune of Minneapolis/St. Paul, quoting a lawyer for KCM, reported in November 2009 that Cook offered to provide KCM start-up funding. KCM executives met Cook at a function in West Palm Beach, Fla., according to the attorney. Florida has become Ground Zero for Ponzi schemes.
A Mysterious Investor
NFA asserted in this filing that Cook perhaps peeled off $75 million from the purported Swiss fund and directed it to a mysterious investor. Cook also was alleged to have changed “passwords” on KCI “accounts” as part of the scheme.
KCM, according to the NFA allegations, “permitted Cook to effectuate a purported $75 million withdrawal from KCI’s trading accounts for a purported [Oxford Global Partners] investor who was identified to them by Cook only as “Fased.”
KCM is said to be cooperating with investigators from more than one state and federal agency.
It is unclear if “Fased” is a person, a business, an acronym, a proper name, a misspelling of the word “phased” or a slang spelling of “phased,” an amalgamation of some sort or a complete fiction.
What is clear is that Cook allegedly was managing money for KCM, a company to which AVG said it had turned last year to facilitate offshore wire transfers. AVG’s announcement — and the subsequent actions by the NFA, the SEC and the CFTC, may put KCM at the intersection of two murky worlds — the worlds of underground currency-trading schemes and offshore autosurf and HYIP schemes that promise enormous returns.
It’s worth investigators’ time to check it out — if for no other reason than to rule out the possibility that Cook also was playing the autosurf and HYIP games either as an investor or by somehow positioning himself at an intersection in these noxious worlds to siphon funds and divert them to his alleged principal Ponzi scheme.
What’s more, an HYIP known as Gold Nugget Invest (GNI) collapsed earlier this month, several weeks after NFA brought its action against KCM, and the SEC and CFTC brought their actions against Cook and Kiley.
GNI reportedly was having trouble accessing needed funds in a European bank, but announced a “Re-organization” plan that would reduce payouts from 7.5 percent a week to a mere 20 percent a month.
No, it’s not a misprint. GNI purportedly launched in October 2006, the same month AdSurfDaily was preparing for launch. ASD promoters advertised returns of 1 percent a day for viewing “advertisements.” Prosecutors said it operated as a virtually pure Ponzi scheme.
Some GNI members have referred to money — or representations of money — in their “ewallets.” It is unclear if the “ewallets” to which they refer have any connection to eWalletPlus or if the term “ewallet” is being used as a generic.
What is clear is that HYIP, autosurf and forex schemes have many players in common — and that tremendous sums of money go missing routinely.
UPDATED 1:18 P.M. ET (U.S.A.) A company that denied any ties to the AdViewGlobal autosurf after AVG listed it as a facilitator of offshore wire transfers has been permanently banned by the National Futures Association (NFA) amid allegations that it failed to uphold high ethical standards and failed to supervise its operations.
KINGZ Capital Management Corp. (KCM), which operates in Barbados and has corporate officers in Canada, was banned as a result of permitting Trevor Cook to manage an investment pool, according to NFA.
Cook is one of the two central figures in the alleged Cook/Pat Kiley Ponzi scheme in Minnesota.
AdViewGlobal (AVG) is not mentioned in NFA’s Business Conduct Committee complaint against KCM and its vice president, David M.S. Krywenky.
Michael P. Krywenky, president and chief executive officer of KCM, issued a public denial in May that KCM had any ties to AVG. Michael Krywenky’s denial came after AVG identified KCM as a newly acquired facilitator of offshore wire transfers.
AVG made the announcement that KCM was facilitating wire transfers on the same date — May 4, 2009 — the Obama administration announced a crackdown on international financial schemes. Three days later, on May 7, 2009, Michael Krywenky told the PP Blog that KCM had no connection with AVG, suggesting that AVG had tried to route money to itself through an account in the name of a separate company, Living Legacy One LLC of Florida.
Link To Alleged Cook/Kiley Scheme
David Krywenky let Cook take control of an offshore investment pool that a KCM-related entity known as KCI was supposed to be operating, according to NFA’s complaint. Cook was neither an NFA member nor properly registered with the Commodity Futures Trading Commission (CFTC), NFA charged.
NFA is a self-regulatory body.
“In July 2009, NFA received information that indicated that KCM had links to an intertwined group of NFA Member and non-NFA Member entities and individuals that had come under some scrutiny because of difficulties that some investors had encountered in trying to retrieve their investments,” NFA said in a Sept. 30 charging document.
As its investigation proceeded, NFA learned that a Cook-controlled entity — Oxford Global Partners — “appeared to be the only investor in KCM’s KCI pool and that all of the pool’s money had purportedly been deposited with an entity named Crown Forex, SA, a non-NFA Member firm that is regulated by the Swiss Financial Market Supervisory Authority and that was put into bankruptcy by that body in May 2009,” NFA said.
Cook and Kiley later were implicated in an alleged Ponzi- and forex-fraud scheme involving at least $190 million, according to the SEC and the CFTC. A federal judge jailed Cook earlier this week until he turns over tens of millions of dollars linked to the alleged Cook/Kiley scheme.
NFA charged KCM with “cheating, defrauding or deceiving another person or attempting to do so.” The company consented to the permanent ban without admitting or denying the allegations.
David Krywenky also was charged with failing to uphold high ethical standards and failing to supervise. Like KCM, he neither admitted nor denied the allegations.
Should David Krywenky wish to become an NFA associate after his ban, he’ll be required to pay a fine of $25,000, NFA said.
AdViewGlobal Cited KCM Tie In May
In March 2009, AVG announced its bank account had been suspended because too many participants had wired transactions in excess of $9,500. The surf said it was working on a remedy.
Its purported remedy — routing wire transfers to itself with KCM as a facilitator — was announced with great fanfare on May 4, only hours after Obama appeared on national television to announce a crackdown on offshore fraud schemes.
AVG provided specific, detailed wiring instructions. Members were given the instructions under a headline titled, “BREAKING NEWS Fund your Advertising.†The instructions appeared on an AVG forum operated by some of the Mods and members of the Pro-AdSurfDaily Surf’s Up forum.
The instructions later were deleted, AVG members said. AVG never addressed KCM’s denial, choosing instead to explain that negotiations it had described as completed had broken down.
By June 25, AVG announced it was suspending members cash-outs and exercising its version of a “rebates aren’t guaranteed” clause, thus empowering itself to keep all money previously sent in by members who were expecting to receive not only 100 percent of their money back, but also a profit. AVG has close ties to AdSurfDaily, implicated in a $100 million Ponzi scheme.
Critics observe that the “rebates aren’t guaranteed” clause effectively is a license to steal. Autosurfs, which operate as virtually pure Ponzi schemes and position themselves as “advertising” companies, dangle the promise or suggestion of an investment return, sometimes gathering tens of millions of dollars.
Investigators say such clauses are designed to skirt securities laws.
The Biz Ad Splash (BAS) autosurf has tanked, taking participants’ money with it, members said tonight.
Members reported receiving a platitude-filled email from Clarence Busby announcing the surf’s closure. The email, which included a pep talk and invoked God, did not say if, when or how members would be compensated.
“Now what about the future?” the email said. “No matter what, there is a future. There are many things on the internet that will help you in this future, so don’t give up. Make the effort and success is just right around the corner. May your life be full of faith, hope and love. This is where you will find your best rewards. May God bless you all!”
Busby’s name appeared at the bottom of the email, which carried a business address of Acworth, Ga. The surf, which purported upon its 2009 launch to be headquartered offshore, came to life in the wake of the seizure of tens of millions of dollars from AdSurfDaily Inc. and Golden Panda Ad Builder. Busby is the former president of Golden Panda, which ceded more than $14 million to the government in the ASD/Golden Panda case.
Known for syrupy communications, Busby described the BAS staff as “sad,” according to the email.
“Our staff has been sad, not just because of losing a job, but because they have developed friendships with many of you and are very sad to ‘break up the party,’” the email said. “With anything that has had life, it is very sad to have that life taken away.”
Busby was identified in the email as the owner of BAS. In earlier communications, he was identified as “chief consultant.” It was not immediately clear how he purportedly had ascended from consulting work to ownership.
“As owner of this company, I have had many, many hours that I sincerely enjoyed working with you, and of course, a few ‘witching’ hours that were just plain scary,” the email said. “After many sleepless nights over the past few weeks, trying to come to the correct conclusion, I have made a decision to ‘pull the cord and turn out the lights.’ The party is over.
“No decision like this comes easy, at least not for me,” the email continued. “I know many people have had tremendous success, while others have just learned another of life’s lessons in their loss. With a heart that is very heavy and sad, I have come to realize that not every plan brings success. But I do know that every failed plan does bring you a tremendous amount of knowledge in lessons learned, that will bring you closer to the success you are reaching to achieve.”
One BAS member who contacted the PP Blog said her family was out tens of thousands of dollars with the closure — and also out the value of advertising they purchased.
“I am retired and I did not get involved in this company just to give money away for we need the money to retire,” the member said. “Mr. Clarence Busby is nothing but a dishonest crook.”
Busby, who used the title “Rev.” at least 120 times in a court filing involving Golden Panda last year, was implicated by the SEC in three prime-bank schemes in the 1990s, according to records. He agreed not to break securities laws in a settlement with the SEC.
Despite the failure of BAS and the problems Golden Panda had that resulted in the seizure of more than $14 million in five Busby/Golden Panda bank accounts, Busby had he was better for having operated BAS.
“Please accept my humble appreciation to all of you who have encouraged, supported and worked so diligently with all of us this past year. Also, for those who prayed for me when I was in the hospital, I will never forget your calls, your letters and your friendships. It really did help move me to get well.”
BAS paid out more than $2 million during its operations, according to the email. The email did not say how much the surf had taken in.
“Biz Ad Splash has been online as an internet advertising business for one year this very week,” the email said. “During that time, BAS has paid out over $2,000,000 in commissions and has almost 9000 members.
“This year has brought many new friends who have believed in BAS and whose efforts gave BAS a chance for success,” the email continued. “Your encouragement and commitment was well received, and with sincere appreciation for the opportunity we had working with each of you, we honorably salute you.
“You are the reason that we have delayed this closing, hoping that there would be enough that believed in the program to see it through,” the email said. “The past 120 days BAS’ balance sheet as continually gone in the red, and at this time, we do not have the funds to continue with our program. The past few weeks our sales have not been strong enough to pay out reasonable commissions with our RRSP program, or enough funds to handle overhead and continue operations.”
UPDATED 11:46 A.M. ET (U.S.A.) Final judicial action in the second forfeiture case filed against assets connected to AdSurfDaily “is not expected for at least several months,” federal prosecutors said.
The second action was filed in December 2008. It identified family members of ASD President Andy Bowdoin as beneficiaries of a Ponzi, wire-fraud and money-laundering scheme operated by ASD.
Among the family members identified in the December complaint were Bowdoin’s wife, Edna Faye Bowdoin, and her son, George Harris. Judy Harris, the wife of George Harris, also was identified in the complaint as a beneficiary of ASD’s alleged illegal conduct.
Prosecutors filed the initial action against ASD’s assets in August 2008. That case concluded with the Jan. 4 issuance of a final forfeiture order by U.S. District Judge Rosemary Collyer, prosecutors said.
The government now has title to nearly $80 million seized in the August 2008 case — the lion’s share of the liquid assets (cash) from the combined cases. Only about $635,000 in cash was listed as seized in the December case, meaning prosecutors have control of more than 99 percent of the money targeted in the combined cases.
Prosecutors did not explain why they anticipated a considerable delay in finalizing the December 2008 case. (UPDATE: 11:46 A.M: Citing an investigation in progress, a Justice Department spokesman declined to comment.)
Nothing so far suggests, however, that the December case has been delayed as a result of an appeal by Bowdoin in the August case. The record does not reflect an appeal. The delay appears to be procedural.
The December complaint alleged that Edna Faye Bowdoin and George Harris used money from two ASD Bank of America accounts to open an account at a third bank.
The new account was funded with an opening deposit of more than $177,000 — more than $157,000 of which was used to pay off the mortgage of the Tallahassee home George and Judy Harris shared, according to the complaint.
UPDATED 8:31 P.M. ET (U.S.A.) Federal prosecutors today asked the Clerk of U.S. District Court for the District of Columbia to enter a default notice for assets seized in the December 2008 forfeiture complaint against AdSurfDaily.
The clerk entered the notice, and the forfeiture of the property is pending. It will be finalized when U.S. District Judge Rosemary Collyer enters a forfeiture order. Collyer issued an order last week for the forfeiture of ASD assets seized in the August 2008 case.
Seized in the December 2008 complaint were the Tallahassee home of George and Judy Harris; a 2008 Honda car registered to the Harrises; a 2009 Lincoln luxury sedan registered to Bowdon/Harris Enterprises; a 2009 Acura registered to Hays Amos, an $800,000 building in Quincy, Fla. paid for in cash; jet skis; a Cabana boat; marine equipment; computers; and $634,266.13 surrendered by Golden Panda Ad Builder.
No claimant ever came forward in the December 2008 case, prosecutors said.
With Collyer’s forfeiture order in the August case, prosecutors now have title to about 99.2 percent of the liquid assets in the overall forfeiture case (August 2008 and December combined). A forfeiture order in the December case, which included only a fraction of the liquid assets, would give them title to 100 percent.
The real-estate, automobiles, computers, boat, jet skis and marine equipment are illiquid assets that must be sold before they can become part of a compensation pool for ASD victims.
Prosecutors alleged that ASD was operating a Ponzi scheme, while selling unregistered securities under the guise of being an “advertising” service and engaging in wire fraud and money-laundering.
A court-appointed receiver has described the accounting records of Affiliate Strategies Inc. (ASI) as a mess, saying “an opinion on the accuracy of these records is not possible without an extensive audit that would require significant additional costs.”
ASI is the parent company of the Noobing autosurf, which targeted deaf people in sales promotions. ASI and its president, Brett Blackman, were sued by the Federal Trade Commission last year for their alleged roles in a scheme that promised guaranteed government grants of $25,000 from economic-stimulus funds.
Several other companies and individuals were named in the FTC complaint. Although Noobing was not named in the FTC complaint, receiver Larry Cook examined Noobing’s records last year and made a preliminary determination that it was insolvent. The Noobing website has been offline for months.
Attorneys general from Kansas, North Carolina, Minnesota and Illinois joined the FTC in the action.
In October, U.S. District Judge Julie A. Robinson authorized Cook to sell ASI’s assets, including office equipment, a vehicle and a jet ski.
In a report to Robinson filed last week, Cook said the office equipment fetched $12,500 at auction. Meanwhile, the vehicle — a 2003 Saturn L200 — fetched $2,500. The jet ski — a 2005 Yamaha — brought in $1,800.
In August 2009, Cook said in a preliminary report to the court that “the ASI defendants have formed and operated eighteen additional Kansas LLCs as subsidiaries of Defendant Apex Holdings International LLC.” One of the companies was Noobing, which listed registrations in both the United States and Nevis.
Kris Rogers, who was the comptroller for ASI and president of an affiliate company known as Custom Accounting Services LLC, told Cook that “the expenses of [the] combined companies have exceeded the revenues since October or November 2008,” according to court filings.
If Rogers’ assertions are true, it means that both Noobing and ASI — its parent company — were insolvent when the Noobing autosurf was collecting money with the suggestion that participants could earn a return of up to 3 percent a day. Noobing slashed daily payouts in early 2009, an act that caused an uproar on the Ponzi boards.
Noobing blamed the slashed payout on what it described as an unclear ruling in the AdSurfDaily case. The company did not say why it chose to collect money using a business model that U.S. government has challenged in repeated court cases. After Noobing members complained, the company explained that payouts never were guaranteed.
Noobing became popular after the August 2008 seizure of tens of millions of dollars from Florida-based ASD amid Ponzi scheme allegations. After the FTC and the attorneys general took the action against ASI and other defendants in the alleged grants scheme, Cook made a preliminary determination that Noobing was nearly $550,000 in the hole.
When the financial records of the ASI-affiliated records were examined as a whole in Cook’s preliminary analysis last year, he found that “over twenty-five thousand accounting
transactions, including several thousand intercompany transfers” had oocuured.
“The transfers between the various LLCs make it difficult to sort out the net result and profits or losses sustained by each LLC,” Cook said.
“The Receiver’s work over the past three weeks,” Cook said in August 2009, “suggests the Defendants’ operations were insolvent on the date [July 24] the [Temporary Restraining Order] was entered and that for at least all of 2009, Defendants operated only by signing up new victims faster than the old victims could obtain refunds.â€
