TelexFree, an MLM “opportunity” under investigation in Brazil amid allegations it is orchestrating a massive pyramid scheme, says on its website that it is conducting an “at sea” event Dec. 15-18.
Perhaps accidentally providing an awkward hint of dire portent, the promo shows the TelexFree logo superimposed on the side of a luxury ocean liner that is nearly beached in the tropics. Even more incongruously, it is being published not only against the backdrop of the pyramid probe, but also against reports that a judge and prosecutor in Brazil have received death threats related to the investigation.
Promoters of MLM HYIP scams such as JSSTripler/JustBeenPaid (2 percent a day) and AdViewGlobal (1 percent a day) previously have advertised sea cruises. It is unclear if the JSS/JBP cruise ever came off.
AVG’s 2009 cruise coincided with a bid (apparently unsuccessful) by the “program” to line up another bank and wire facilitator to assist in the swindling of investors who’d previously been swindled in AdSurfDaily’s $119 million Ponzi scheme that advertised a 1-percent-a-day payout.
AdViewGlobal, which purported to operate from Uruguay, bizarrely announced its new scam on the same day the President of the United States announced a crackdown on offshore fraud. Federal prosecutors later said they’d tied AVG to ASD President Andy Bowdoin.
Some TelexFree promoters say a payment of $15,125 to the program results in a profit of at least $1,100 a week for a year. Other promoters claim they’re “100% telexfree,” which apparently means they’ll stand by their “program” no matter what.
UPDATED 12:29 P.M. EDT (U.S.A.) TelexFree, which operates through Ympactus Comercial Ltd. and is under investigation amid allegations in Brazil it is running a massive pyramid scheme, has no license with Brazil’s telecommunications regulator to offer VOIP services, according to this report in Brazilian media. The regulatory agency is known as Anatel.
Although the degree to which Anatel regulates VOIP providers in Brazil was not immediately clear, the assertion was reminiscent of one the U.S. government made against AdSurfDaily Ponzi schemer Andy Bowdoin last year: that Bowdoin, now in federal prison for ASD’s $119 million fraud, earlier had sold contracts for a telecommunications company that wasn’t licensed by the U.S. Federal Communications Commission.
TelexFree denies it falls under Anatel’s regulatory framework.
Bowdoin, 78, pleaded guilty to wire fraud in the ASD case in May 2012, less than a month after the U.S. government made the assertions that he’d ignored FCC regulations in a pre-ASD securities scam in Alabama in the 1990s. Prosecutors also linked Bowdoin to the AdViewGlobal HYIP scam and a purported venture known as OneX that allegedly recycled money in ASD-like fashion.
ASD, an MLM company, promised to pay members 1 percent a day. A grand jury charged Bowdoin with selling unregistered securities as investment contracts, securities fraud and wire fraud. He was arrested in December 2010.
Like ASD, TelexFree is an MLM company. Some TelexFree promoters claim a payment of $15,125 to the firm for the purchase of a “contract” fetches a profit of more than $42,000 in a year.
There have been reports of death threats against a judge and prosecutor involved in the TelexFree case in Brazil.
AdViewGlobal and OneX also were MLM companies. In 2011, Bowdoin claimed he was pushing OneX to pay for his criminal defense in the ASD Ponzi case. Prosecutors described OneX as a pyramid scheme.
A judge banned Bowdoin from MLM in 2012. The same judge earlier had been targeted with false liens by Kenneth Wayne Leaming, a purported “sovereign citizen” who allegedly was performing legal work for certain ASD members while harboring two federal fugitives from Arkansas wanted in a separate home-business caper.
Leaming, 57, was arrested by an FBI terrorism Task Force in 2011. He was convicted of the charges in March 2013 and was sentenced to eight years in federal prison.
Back in February, U.S. District Judge Ronald B. Leighton of the Western District of Washington told AdSurfDaily story figure and purported “sovereign citizen” Kenneth Wayne Leaming that “all the fancy legal-sounding things” Leaming had “read on the internet are make-believe.”
Another way to put that is, “Garbage in, garbage out” — or, in shorthand, GIGO.
Leighton’s observations appeared in an eve-of-trial order exempting federal prosecutors from responding to certain “gobbledygook” Leaming had filed as part of his self-argued defense on charges of filing bogus liens, possessing weapons as a convicted felon and harboring two federal fugitives from Arkansas wanted in a home-business fraud scheme separate from the $119 million ASD Ponzi scheme broken up by the U.S. Secret Service in 2008.
Leaming, 57, was convicted. In April, several weeks after his trial and conviction, Leaming sent Leighton a purported “Invoice” that claimed the judge owed him 208,000 ounces of “fine silver,” according to the docket of the case.
It is against this backdrop that purported “sovereign citizen” Cherron Marie Phillips is going on trial in Chicago on charges of filing bogus liens against Former U.S. Attorney Patrick J. Fitzgerald and other court officials, including federal judges.
Like Leighton in Tacoma to “sovereign” defendant Leaming, U.S. District Judge Milton Shadur in Chicago made some remarks to “sovereign” defendant Phillips on the eve of her trial.
“I hesitate to rank your statements in order of just how bizarre they are,” said veteran U.S. District Judge Milton Shadur, who at one point attempted to explain to Phillips the meaning of the phrase, “garbage in, garbage out.” As Phillips continued to press him on his allegiance to the Constitution, Shadur finally cut her off.
Phillips earlier had rejected Shadur’s advice not to represent herself, according to the paper.
Leaming, who had a previous felony conviction for piloting an aircraft without a license, was sentenced to eight years in federal prison. Among the targets of his false liens were a federal judge, at least two federal prosecutors and the Secret Service agent who led the ASD Ponzi investigation.
Purported “sovereigns” in multiple states have engaged in acts that have been described as “paper terrorism” designed to hamstring judges, prosecutors and litigation opponents.
ASD operator Andy Bowdoin was sentenced last year to 78 months in federal prison. He is 78.
HourlyRevShare, another in a long list of incongruous HYIP Ponzi-board “programs” pushed by serial huckster “Ken Russo” (also known as “DRdave”), reportedly has collapsed after taking a second bite of the Ponzi apple (purportedly as HRS II) after the original iteration collapsed. Other recent “programs” pushed by “Ken Russo” include Zeek Rewards and Profitable Sunrise, both of which cratered after regulatory actions in the United States.
“Ken Russo” also pushed Felmina Alliance, which became the subject of an Investor Alert in Canada; AdSurfDaily, a $119 million Ponzi scheme that put operator Andy Bowdoin in federal prison in Florida; MPB Today, a scheme that led to racketeering charges being filed in Florida against operator Gary Calhoun; Club Asteria, a scheme that falsely planted the seeds it was endorsed by actor Will Smith and the American Red Cross while also trading on the name of slain human-rights champion Mahatma Gandhi; a scheme known as Gold Nugget Invest that cratered in at least two forms; JSS Tripler/JustBeenPaid, a multiple-name scheme purportedly operated by Frederick Mann that promised a return of 730 percent a year and has encountered regulatory actions in Italy and the Philippines; knockoff scams known variously as JSSTripler 2 and Compound 150 purportedly operated by “Dave” between purported bouts with Dengue Fever; and Wealth4AllTeam, a “program” that experienced business halts and relaunches with new names, at one time claiming it was impervious to U.S. regulators at the state and federal level while incongruously claiming disputes would be settled under California law.
Among other things, the lead pitchman for HourlyRevShare on the MoneyMakerGroup Ponzi forum claimed that the “program” offered “Daily guaranteed Payouts.” The promoter also claimed (italics added):
“Earn 4.5% to 6.5% daily for 20 days.”
“Earn 135% to 195% on your shares.”
“Earn 0.18 to 0.29 every hour.”
On April 9, 2013, less than a month after the Profitable Sunrise HYIP scheme collapsed amid SEC allegations a ghost might have been at the wheel, Ken Russo (as “DRdave”) claimed on TalkGold that he’d just received a payment of $4,850 from HourlyRevShare, which was using a Gmail email address. Critics of HourlyRevShare claim the “program” is linked to individuals known as Analie or Anelie Steinway and Dr. Leiven Van Neste.
Whether these individuals actually exist remains an open question.
“Ken Russo” also has been leading cheers for a “program” known as NEOMutual, yet-another Ponzi-board darling. NEOMutual is being pushed alongside a “program” bizarrely known as “CashCropCycler.”
“On or about July 14, 2008, [an undercover agent] opened an ‘upgraded member’ account with [AdSurfDaily]. ASD directs new members either to mail a money order or cashier’s check to its Florida office, or to deposit a certified check, money order or cash at ‘your nearest branch of Bank of America,’ directly into ASD’s BOA account and, thereafter, to fax a copy of the deposit receipt along with their membership number to ASD. On its website, ASD provides its BOA account number as [XXX.] Another [undercover agent] made a direct deposit to ASD’S BOA account by delivering a check to a BOA branch in downtown Orlando, Florida. Thereafter, [an undercover agent] faxed a copy of the deposit receipt via facsimile to ASD’s headquarters in Quincy, Florida.” — AdSurfDaily Ponzi scheme forfeiture complaint, Aug. 8, 2008
It was 57 degrees in Alpharetta, Ga., when this screen shot was taken to instruct TelexFree participants on how to deposit money in a TelexFree account at Bank of America in Shrewsbury, Mass. The promoter appears also to have had an interest in Bidify, an “auction” site whose business model was reminiscent of the alleged $600 million Zeek Rewards Ponzi- and pyramid scheme. (Source: screen shot of section of a PDF instruction manual. Redactions/highlights by PP Blog.)
UPDATED 1:11P.M. EDT (U.S.A.) Information reviewed by the PP Blog shows that promoters of the TelexFree MLM scheme instructed their recruits to deposit money into a TelexFree Inc. account held at a branch office of Bank of America in Shrewsbury, Mass. The recruits then were advised to scan the deposit slip and email a copy to a TelexFree.com email address and optionally send a copy of the slip to an individual dubbed a TelexFree “team leader” who was using a Gmail email address from Google.
Recruits were told to photograph the slip using a cellphone or tablet computer before scanning it and submitting it via email, according to the instructions.
The TelexFree promoter using the Gmail address had to ability to “expedite” the process of crediting deposits in the recruits’ back offices at TelexFree, meaning recruits purportedly could start earning money from TelexFree faster because their deposits would be credited quicker, according to the instructions.
“Alternativey, you can contact your direct referrer, as several Promoters in our upline could also assist with direct deposits to their bank accounts and transfer funds to your registered account immediately,” the instructions note.
The instructions, which appeared in PDF form in January 2013, were circulated on the Internet. Among other things, the instructions suggest TelexFree has insiders who can speed the flow of money and potentially are collecting the private information of their recruits and potentially subjecting them to identity theft.
In the early part of the year, some TelexFree promoters worded online promos to suggest that the U.S. government had given the stamp of approval to TelexFree’s operations in the United States. The U.S. government does not issue such endorsements. It is somewhat common in the HYIP sphere for “programs” or promoters to plant the seed an “opportunity” has been approved by the government.
A TelexFree promo dated March 12, 2013, on Newswire.net, for example, claims that the “TelexFree business opportunity is open to entrepreneurs in Brazil and has recently opened up internationally including being authorized to operate in the United States.”
TelexFree is under investigation by multiple agencies in Brazil, amid pyramid-scheme and securities concerns. (See BehindMLM.com story dated today on the denial of a TelexFree appeal in Brazil.) Whether a U.S. investigation is under way is unknown.
What is known is that some affiliates in Brazil appear to believe incorrectly that the U.S. government has approved TelexFree’s operation.
And it’s also known that the deposit instructions provided to TelexFree recruits strongly resemble the instructions given recruits of the AdSurfDaily Ponzi scheme broken up by the U.S. Secret Service in 2008. The agency seized at least 10 bank accounts held by ASD President Andy Bowdoin at Bank of America and at least five other Bank of America accounts held by an ASD insider. Those 15 accounts ultimately proved to hold about $80 million.
At least one undercover agent followed ASD’s instructions to make a deposit at Bank of America and to fax the information to ASD, according to court filings in the ASD case. Federal prosecutors in the District of Columbia later applied successfully for warrants to seize the accounts, alleging that ASD was a Ponzi scheme using the U.S. banking system to sustain the scheme.
Bowdoin later pleaded guilty to wire fraud and was sentenced to 78 months in federal prison.
As appears to be the case in TelexFree, some ASD members also claimed an ability to speed the flow of money while perhaps making back-office exchanges with recruits. It is possible that ASD never knew its own real bottom line because of the back-office dealings of insiders and other sponsors, including promoters who instructed recruits to pay them directly instead of ASD.
Some TelexFree affiliates have claimed that a payment of $15,125 to TelexFree will create an income of at least $1,100 a week for a year. The instructions on how to deposit money in Bank of America and scan receipts also claim that TelexFree is using a credit-card processor known as ProPay.
Some TelexFree affiliates have claimed TelexFree also is banking with TD Bank. In those cases, affiliates are instructed to send money to TelexFree LLC — as opposed to sending it to TelexFree Inc., as was the case with the Bank of America instructions.
This set of instructions appeared in a promo for TelexFree dated Jan. 17, 2013. (Source: screen shot. Redactions/highlights by PP Blog.)
TelexFree Inc. uses a Massachusetts address; TelexFree LLC uses a Las Vegas address, according to public records. Why some promoters are instructing recruits to send money to the LLC version of the name at TD Bank while others are instructing that money be sent to the Inc. version at Bank of America is unclear.
Anthony Vassallo pulled a page from Ponzi schemer Andy Bowdoin’s playbook when he advanced a conspiracy theory that his own defense counsel was working with the government to sell him down the river.
It didn’t work for Bowdoin, the 78-year old recidivist securities fraudster now serving a 78-month prison term after claiming he’d been “hoodwinked” by his lawyer.
Now, a similar claim hasn’t worked for Vassallo, 34. He is one of the purveyors of the Equity Investments Management & Trading (EIMT) Ponzi scheme in California, a crime that served up a heaping helping of the bizarre. Three individuals who led an alleged shakedown bid to recover money for investors were charged criminally in 2009, amid allegations they posed as federal agents.
But U.S. District Judge Garland E. Burrell Jr. called Vassallo a “liar” in court on Friday, sentencing him to 16 years in federal prison, prosecutors said.
“This lengthy sentence is justice served, though it is small comfort to the victims of Vassallo’s crimes, many of whom lost their homes, health, and retirements to this fraud,” said U.S. Attorney Benjamin B. Wagner of the Eastern District of California. “This case was unusual in its scope, but not in the nature of the fraudulent conduct.”
EIMT gathered more than $80 million before it began to unravel in late 2008, prosecutors said.
With EIMT foundering, “Vassallo continued to recruit new investments,” prosecutors said. “One investor transferred $250,000 to Vassallo’s account less than two weeks before Vassallo admitted to a group of investors that he had ceased trading and their money had been lost.”
“This was a classic Ponzi scheme, where you rob Peter to pay Paul,” said José M. Martínez, IRS-Criminal Investigation special agent in charge. “Eventually, you run out of Peters and Pauls.”
Andrew Neil yesterday made the universal “[batspit] crazy” gesture after trying to interview Alex Jones of InfoWars.HYIP apologists dating back (at least) to the AdSurfDaily Ponzi scheme in 2008 ($119 million) have bizarrely sought to defend their favorite scams by steering discussions off the track. Why talk about the recidivist securities felon who presided over ASD (Andy Bowdoin), for instance, when the “real menace” is the Bilderberg Group?
And, hey, since the United States is a participatory Democracy, why not further cloud the issues by launching petition drives designed to derail the prosecutions of major Ponzi schemes (such as AdSurfDaily and Zeek Rewards) and even filing bogus liens for billions of dollars against judges, prosecutors and investigators?
If you encounter an HYIP Ponzi scheme these days that perhaps purports to pay interest of 2 percent a day or more, it’s a safe bet you’ll encounter one conspiracy theorist after another on well-known fraud-scheme forums such as TalkGold and MoneyMakerGroup — especially if the evilGUBment brings a criminal or civil action against the purported “opportunity.”
It was against this delusional backdrop that conspiracy theorist Alex Jones appeared on the BBC’s “Sunday Politics” program hosted by Andrew Neil. The subject was the annual meeting of the Bilderberg Group, sometimes known simply as the Bilderbergers.
One of the best moments of the program occurred near the end of the Jones segment, when Neil made the universal “[batspit] crazy” gesture after Jones shared a FEMA concentration-camp conspiracy theory and screamed that “you will not stop freedom! You will not stop the republic! Humanity is awakening!”
Neil declared, “We have an idiot on the program today.”
Among the bizarre claims of the AdSurfDaily apologists was that all commerce is lawful as long as the parties to a “contract” agree that it is lawful, a position that would legalize Ponzi schemes — and slavery and human trafficking and narcotics trafficking, for that matter. The U.S. Secret Service took down ASD, and promptly was called “Satan” by ASD operator Andy Bowdoin, now serving a 78-month prison sentence for wire fraud for his 1-percent-a-day scheme.
The SEC took down Zeek Rewards in August 2012, amid allegations it was conducting a $600 million, international Ponzi- and pyramid scheme by duping people into believing they were receiving a legitimate return that averaged about 1.5 percent a day. A federal judge appointed a receiver, who quickly was described as a felon by a Zeek litigant. (The Zeek receiver is a former federal prosecutor who once successfully prosecuted a Hezbollah terrorist cell operating in the United States.)
Back in 2008 and 2009, some of the ASD apologists accused a federal judge appointed by President George W. Bush of committing dozens of felonies and conspiring with a chief judge to deny ASD members justice.
Why HYIP scammers seem to embrace the conspiracy theories of Jones long has been left to the imagination. One thing that is clear is that ASD and Zeek combined allegedly gathered $719 million. Some recent HYIP scams such as Legisi ($72 million) and JSSTripler/JustBeenPaid (unknown take) have required participants to avow they were not with the “government.” Legisi specifically named the CIA, FBI, SEC, “Her Majesty’s Police,” the Intelligence Services of Great Britain and the Serious Fraud Office, among others.
Late last month, the United States — working with other countries — took down a major payment processor for fraud schemes. Its name was “Liberty Reserve.”
Gary Calhoun, the operator of the MPB Today MLM “program,” has joined AdSurfDaily Ponzi schemer Andy Bowdoin as a member of a dubious club: A Florida judge has ordered Calhoun not to get arrested on new charges and to stay away from MLM while he awaits sentencing in a racketeering case brought by Florida authorities last year.
Here is a note on the docket of Circuit Judge Jan Shackelford reflecting the ban: “DEFENDANT TO HAVE NO CONTACT OR RECEIVE ANY INCOME FROM ANY MLM.” Calhoun, according to the docket, will be permitted to pursue any “legal means” to support his family.
Bowdoin was banned from MLM last year while he awaited sentencing in the $119 million ASD Ponzi scheme broken up by the U.S. Secret Service in August 2008. Prosecutors said Bowdoin pushed a scam known as AdViewGlobal (AVG) even after the government seized more than $80 million in ASD-related bank accounts. After the collapse of AVG in 2009, Bowdoin, 78, pushed a pyramid scheme known as OneX, according to court filings. He later was sentenced to 78 months in federal prison.
Calhoun, 56, will be sentenced July 30, according to the case docket, which notes a plea agreement. He was arrested on the racketeering charge in December 2012 and has been free on bond since then. In July 2012, federal prosecutors in the Northern District of Florida filed a forfeiture complaint for MPB Today’s headquarters building in Pensacola. The affidavit in the forfeiture case was filed under seal. But the forfeiture case, according to prosecution filings, was brought to enforce 18 USC § 1028 and 18 USC § 1029, statutes dealing with access-device fraud and fraud in connection with identification documents.
MPB Today operated an MLM married to a grocery-delivery business known as Southeastern Delivery. Among the claims was that a one-time purchase of $200 in groceries could lead to free groceries and gasoline for life. Some promoters claimed the U.S. government and Walmart had endorsed MPB Today. Others encouraged prospects to sell $200 worth of Food Stamps to raise the money needed to join the “program.”
Supporters of the “program” defended it on the PP Blog by calling critics “roaches,” “IDIOTS,” “clowns,” “terrible” people, “misleading” people, people who have led a “sheltered life,” people who have been “chained up in a basement,” people who have “chips” on their shoulders, spewers of “hot air,” “naysayers,” “complainers,” “trouble maker[s]” and “crybabies.”
MPB Today later vanished — but not before a promoter described President Obama as a Nazi and and his family as aspiring to eat dog food. Former Secretary of State Hillary Clinton was depicted as a bawling drunk. First Lady Michelle Obama was depicted as having experienced an embarrassing gas attack in the Oval Office after having sampled “beans” at a Sam’s Club Store.
From an ad designed to attract prospects for the MPB Today “program.”
All of it — and more — was designed to attract business to the MLM firm, which apparently has followed ASD into the darkness.
News of Calhoun’s sentencing date was received during a week in which MLM was experiencing one PR disaster after another. WTOL, a TV station in Toledo, Ohio, carried a report on the alleged Profitable Sunrise HYIP scheme. The SEC said earlier this month that the purported “opportunity” may have gathered tens of millions of dollars and that promoters may not have known for whom they were working.
Profitable Sunrise was targeted at Christians, according to regulatory actions. Among its absurd offerings was the purported “Long Haul” plan that promised to pay 2.7 percent a day with the payout due April 1 — April Fool’s Day. Promoters called it the “Easter Gift” because Easter occurred on March 31. The payouts, however, never materialized.
The story details spam received by Wonkette, apparently from a promoter of a scheme known as “Rocket Ca$h Cycler.”
The subject line of the pitch, according to Wonkette, was this: “The Wealth Transfer is here!! Florida Pastor & Church break through financially!”
When MPB Today was operational, it ran a matrix cycler. One particularly bizzare pitch for the “program” in 2010 claimed this: If you “hate Walmart and have written a 603 page manifesto on how Walmart is trying to take over the world and steal your soul,” you should “stop making that pipe bomb and read how you can avoid Walmart and still make bank.”
Numerous securities regulators have described Profitable Sunrise as a form of affinity fraud targeted at people of faith. At least 35 agencies in the United States and Canada have issued cease-and-desist orders or Investor Alerts against the HYIP “program,” which had a presence on infamous Ponzi forums such as TalkGold and MoneyMakerGroup.
The website of Profitable Sunrise has been missing since at least March 14. On April 1 — the day after Easter Sunday and April Fools Day — the “program” failed to make good on promised payouts from the bizarrely named “Long Haul” plan. The “Long Haul” was purported to pay interest of 2.7 percent a day. Its claims were similar to other collapsed schemes promoted on the Ponzi boards.
On Dec. 30, the PP Blog reported that Profitable Sunrise appeared to be relying on appeals to faith in a bid to attract investors in the wake of the August 2012 collapse of the Zeek Rewards “program.” Zeek, which allegedly planted the seed it paid interest of 1.5 percent a day, also had a presence on the Ponzi boards. In August, the SEC described Zeek as a $600 million Ponzi- and pyramid fraud.
The PP Blog learned last month that at least one apologist for the NJF Global Group has relied on purported “research” by a notorious cyberstalker known as “MoneyMakingBrain” in an apparent bid to discredit critics of the “program.”
MoneyMakingBrain emerged in 2012 as an apologist for the JSSTripler/JustBeenPaid “program” purportedly operated by Frederick Mann. JSS/JBP purported to pay 2 percent a day. MoneyMakingBrain claimed he’d defend Mann “so help me God.”
JSS/JBP, which appears to have morphed into secondary and tertiary scams (ProfitClicking and ClickPaid) after the August collapse of Zeek, may have ties to the “sovereign citizens” movement. Mann has compared the U.S. government to the Mafia, claiming that government employees were part of “a criminal gang of robbers, thieves, murderers, liars, imposters.”
Profitable Sunrise also may have ties to the “sovereign citizens” movement.
Some “sovereign citizens” have an irrational belief that laws do not apply to them. It is known that the AdSurfDaily Ponzi scheme in 2008 also had ties to “sovereign citizens,” including Kenneth Wayne Leaming. Leaming, a resident of Washington state, was convicted earlier this year of filing false liens for billions of dollars against public officials who had a role in the prosecution of the ASD Ponzi scheme.
ASD operated from Florida, planting the seed it paid a return of 1 percent a day. ASD President Andy Bowdoin — now serving a 78-month prison term — also was associated with a 1-percent-a-day scam known as AdViewGlobal. AVG bizarrely claimed in 2009 that it enjoyed the protections of the U.S. and Florida constitutions while purportedly operating from Uruguay. The scam collapsed during the summer of 2009 — but not before issuing threats to members and critics.
In May 2009, AVG bizarrely announced it had secured the services of an offshore facilitator. The announcement was made on the same day President Obama announced a crackdown on offshore scams.
UPDATED 11:33 A.M. EDT (APRIL 1, U.S.A.) On April 1, the PP Blog published a story that informs Profitable Sunrise participants on how to contact state and provincial securities regulators in the United States and Canada.
April 1 was the date the Profitable Sunrise “Long Haul” plan was supposed to pay out. That didn’t happen.
Here, below, our March 25 post . . .
Now the subject of Investor Alerts or cease-and-desist orders in at least 30 states and provinces in the United States and Canada, the Profitable Sunrise HYIP has passed a milestone of sorts: Its website has been offline for 10+ days.
Despite the extended outage, wild, unverified reports have surfaced on Facebook and the Ponzi boards that Profitable Sunrise will resurface in Hong Kong, restarting with a 4-percent-a-day scheme.
Even if Profitable Sunrise still has control over servers — and even if it relaunches with a 4-percent-a-day scheme — history cannot be taken off the table. Part of HYIP history includes the renaming and relaunching of schemes designed to give scammers access to new cash to sustain the Ponzi deception. The “trick” has been used so many times in HYIP Ponzi Land that it has become a virtual cliché.
The AdSurfDaily Ponzi scheme appears to have operated under at least three different names, all the while positioning itself as a “Christian” enterprise. An HYIP scheme bizarrely known as Cash Tanker once was promoted on the pro-ASD “Surf’s Up” forum. Cash Tanker, which promised a Profitable Sunrise-like 2 percent a day and used an image of Jesus Christ in promos, later collapsed.
On March 6, the PP Blog observed information in a nonEnglish, international forum that strongly suggested an ASD promoter had become a key pitchman for Profitable Sunrise. The information suggested that the ASD promoter had assembled a “group” that carried a purported balance of more than $18.8 million in Profitable Sunrise.
ASD collapsed in 2008.
Because Profitable Sunrise traded on Bible verse and images of Jesus Christ and was promoted by self-identified Christians, the scheme now has caused divisiveness in the Christian community. Among the key unanswered questions: Who would benefit from such divisiveness and was Profitable Sunrise deliberately structured to turn Believers against each other?
Cheerleading for the “program” continues. On a conference call last week, a Profitable Sunrise pitchman assured listeners that “all is good” with the enterprise. The claim appears to have been based on second- and third-hand reports that morphed into a purported “consensus” among leaders/members given to confirming their own biases.
“Everyone agrees that the Easter gift from the [Profitable Sunrise] Long Haul [plan] is on,” the pitchman said. “It’ll be given on schedule.”
One speaker on the same call claimed “[w]e can do what we want,” despite government warnings and even legal proceedings to the contrary.
“[W]e’re not selling any securities and we’re free citizens,” the speaker intoned.
Separately, a claim was made on the MoneyMakerGroup Ponzi forum that the Howey Test from a famous Supreme Court case in 1946 does not apply to Profitable Sunrise because the “Howey Test is for Private Real Estate Loans.”
Like many things surrounding Profitable Sunrise, the claim about the purported inapplicability of the Howey Test is absurd. The Howey Test is a key test of what constitutes an investment contract. Profitable Sunrise itself positioned the “program” as an investment opportunity. Meanwhile, various members of the “program” — including ones who continue to support it — have written or spoken publicly about their “contracts” that purport to pay up to 2.7 percent interest a day through a plan bizarrely known as the “Long Haul.”
After he was charged criminally in 2010 for his role in the ASD Ponzi scheme, ASD President Andy Bowdoin argued that the Howey Test did not apply to ASD, a purported “advertising” company that purported to pay 1 percent a day.
Despite Bowdoin’s Howey argument, a federal judge ruled that “these alleged facts smack of an investment.”
And, the judge ruled, “Based on the allegations set forth in the Indictment, the evidence already before the Court, and the government’s proffers of expected trial evidence, the Court finds that the allegations, if proven, would be sufficient to permit a jury to find that ASD members were investing.”
Bowdoin later pleaded guilty to wire fraud. He was sentenced to 78 months in federal prison.
Kenneth Wayne Leaming, aka “Kenneth Wayne,” aka “Keny,” now is calling himself a “live abortion” — apparently in “defense” of home-based businesses.
UPDATED 12:28 P.M. (FEB. 27, U.S.A.) Kenneth Wayne Leaming, a figure in the AdSurfDaily Ponzi-scheme story and a purported “sovereign citizen,” is scheduled to go on trial today in federal court the Western District of Washington with co-defendant David Carroll Stephenson. Leaming is charged with filing false liens against public officials involved in the ASD prosecution. Among his alleged targets were a federal judge, at least two federal prosecutors — and the U.S. Secret Service agent who cracked the ASD Ponzi case in 2008.
Leaming, 57, also is charged with assisting Stephenson in the filing of false liens against two federal-prison officials. Stephenson was in federal prison for a tax scheme at the time the liens allegedly were filed. Records strongly suggest that Stephenson, also 57, would be a free man today were it not for his association with Leaming, given that Stephenson’s prison term in the tax case had been scheduled to end early this year. Instead, he’s facing new charges and potentially more jail time.
But the false-liens charges are just the beginning for Leaming. He also is charged with harboring two federal fugitives wanted in a multimillion-dollar home-business fraud in Arkansas, being a felon in possession of firearms and passing a bogus “Bonded Promissory Note” for $1 million.
If you’re new to the PP Blog and new to the ASD case, a brief review is in order: The Secret Service raided ASD in August 2008, alleging the Florida-based firm operated by Andy Bowdoin was a massive Ponzi scheme operating over the Internet. Bowdoin reacted to the raid and the seizure of tens of millions of dollars by comparing the U.S. government to “Satan” and the Secret Service to the 9/11 terrorists. Now 78 and in federal prison, Bowdoin came out of the gate after the seizure by assuring ASD investors that “God” was on the company’s side.
Some MLMers were quick to accuse the government of targeting a fine Christian man who was helping the United States create jobs with a “program” that purported to pay participants back 100 percent of their investment and a profit of 25 percent in only months. (Ten-thousand dollars in ASD purportedly fetched $12,500 within 90 to 125 days, purportedly more if members “compounded” their “earnings,” kept 80 percent of their money in a continuous state of “roll over” and never fully cashed out.)
Essentially there was only one chance that ASD was not a Ponzi scheme during its approximately 18-month run — and that single chance required nearly a complete suspension of logic to destroy the government’s Ponzi case and get ASD off the hook: Had a crazy billionaire or exceptionally well-heeled financier (who also was crazy) given convicted-felon Bowdoin more money than ASD’s rapidly accruing liabilities — basically an enormous line of credit that didn’t have to be paid back and could be tapped on demand for ASD to pay out $1.25 for every dollar it took in until the line was exhausted — ASD would not have been a Ponzi scheme. Absent a benevolent madman-billionaire and the kind of capital it would take to build a nuclear-power plant and operate it indefinitely with zero concern for profit, however, ASD could be one thing and one thing only: a Ponzi scheme using money from “new” members to fund the redemption requests of “old” members or a Ponzi scheme that sustained itself by simply recycling money among members of a closed group.
No madmen-billionaires sufficiently liquid to bankrupt themselves by funding Bowdoin’s stated plan of creating 100,000 ASD millionaires in three years while at once financing the “profits” of tens of thousands of average people seeking to expand the ranks of ASD millionaires well beyond 100,000 appeared to testify on ASD’s behalf at an evidentiary hearing it requested in the fall of 2008.
Here is just one of the reasons MLM has a miserable reputation: Notwithstanding the fact that Bowdoin already was a convicted felon for an Alabama securities swindle in the 1990s and that one of his business partners was a man implicated by the SEC in the 1990s in three prime-bank swindles, some MLMers decided to improve the already bizarre narrative that the government was picking on a grandfatherly Christian.
Petitions were started to paint prosecutors as the bogeymen. (The shorthand for this in MLM’s HYIP Ponzi land is “evilGUBment.”) ASD critics were derided as “maggots.” A “prayer” went out calling for prosecutors to be struck dead from the heavens. A theory was advanced that a Florida TV station should be charged with Deceptive Trade Practices for carrying news unflattering to ASD. A companion theory held that the Attorney General of Florida should be charged with the same offense and that AARP, which lobbies for senior citizens, should lobby for ASD. Meanwhile, some MLMers tried to enlist the U.S. Senate to turn the focus of the investigation away from ASD and Bowdoin and put it on the prosecutors who brought the Ponzi case. One MLMer called for the government’s lead prosecutor to be placed in a medieval torture rack, with ASD members at large drawing straws to determine who got the honor of making the prosecutor’s time in the rack as painful as possible.
Very few people in MLM had anything to say about the circus surrounding ASD. The few who did — perhaps most notably Rod Cook of MLM Watchdog — were excoriated for dismissing the narrative advanced by Bowdoin and other MLMers. All of this was occurring while ASD was provably insolvent. When Bowdoin failed to take the witness stand at the evidentiary hearing he requested, it was explained that he was “too honest” to testify. Both before and after the hearing, some of his most notable Stepfordian apologists advanced a theory that the government secretly had admitted ASD was not a Ponzi scheme and was clinging to the case in a bid to save face.
One ASD member advanced a narrative that the government had taken about $80 million in seized proceeds and invested it in a secret fund to pay for black-ops. It was from this caldron of conspiracy theories and fantastic idiocy that Kenneth Wayne Leaming emerged.
Like other “sovereigns,” Leaming to date hasn’t focused much of his attention on the actual charges against him, even though his conviction could result in considerable jail time. Rather, Leaming mostly has focused on creating a blitz of paperwork on the apparent theory his best “defense” is to keep the Feds and even local officials scurrying to guard all flanks. Since his November 2011 arrest by an FBI Terrorism Task Force, Leaming has sued the President of the United States, the Attorney General of the United States, various officials (including purported “Does”) and a county sheriff in Arkansas.
Members of Zeek Rewards and other MLM schemes should pay attention to the Leaming trial. There can be no doubt that Leaming-like figures existed within the Zeek enterprise. Like ASD before it, Zeek was a magnet to willfully blind MLM hucksters and actual criminals. Both “businesses” best are viewed as racketeering enterprises that posed an untenable risk to the United States and the rest of the world.
For the remainder of this column, the PP Blog will focus on just one crime alleged against Leaming: the filing of a false lien against the U.S. Secret Service agent — not that the other alleged bogus liens are any more palatable or acceptable. The word “disgraceful” hardly covers Leaming’s alleged actions, and yet some MLMers saw Leaming not only as an inspirational figure, but as the wisest man of all.
The Secret Service guards the lives of the President of the United States and the Vice President of the United States and their families. It also guards the lives of former Presidents and international dignitaries and political figures visiting the United States. As the agency is doing this, it also protects the U.S. financial system.
It is unthinkable — so far beyond the pale that it almost defies description — that Leaming, let alone any other American, ever would target a Secret Service agent in a harassment campaign. The Secret Service is a smallish agency by federal standards, yet it is arguably the most important: Markets become unglued when world figures are assassinated or targeted in assassination attempts. Beyond that, history now has shown that an event such as the 9/11 terrorist attacks actually can close markets and restrict freedom, the very things Leaming purports to be upholding.
People of good will are appalled that Leaming apparently thought it somehow his duty to Democracy and Constitutional government to harass a Secret Service agent. Given the critical duties of the Secret Service and its role in both national security and economic security, no American of good will wants to see an agent’s attention divided by the Kenneth Wayne Leamings of the nation and world.
If Leaming is convicted, he should be sentenced to the longest jail term permissible under the law. Never again should MLM or any MLMer stay silent when an obvious fraud scheme surfaces and is “defended” at the exclusion of all logic.
In both form and substance, Zeek was virtually identical to ASD — and yet ASD members and other MLMers joined Zeek. That’s a problem for MLM. whether it admits it or not.
Those ASD members who joined Zeek? They did so even as Kenneth Wayne Leaming allegedly was targeting public officials, including a U.S. Secret Service agent, in campaigns designed to destroy the thin blue line that protects citizens from anarchy. The most dangerous Zeek members are the ones who hoped he’d succeed.
![Andrew Neil yesterday made the universal "[batspit] crazy" gesture after trying to interview Alex Jones of InfoWars.](https://patrickpretty.com/wp-content/uploads/2013/06/andrewneilbbc.jpg)
