AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer should not be permitted to reopen their lawsuit against the government for alleged misdeeds in bringing the ASD Ponzi-scheme case in August 2008, government lawyers said in court filings today.
Disner and Schweitzer, who became pitchmen for the alleged Zeek Rewards Ponzi scheme after their ASD days ended, sued the United States in November 2011. Collyer dismissed their lawsuit in late August, ruling that Disner and Schweitzer lacked standing to bring their 4th Amendment claim.
Collyer dismissed the case on Aug. 29, the same date upon which she sentenced ASD operator Andy Bowdoin to 78 months in federal prison. Bowdoin, 77, admitted in May that ASD was a Ponzi scheme and that the firm never operated lawfully from its 2006 inception.
Summoning a fancy word in their bid to force Collyer to step down, Disner and Schweitzer accused the judge of “sophistry.”
The move by Disner and Schweitzer to prevent Collyer from hearing ASD-related matters was at least the third. Two others failed — one by purported “sovereign” being Curtis Richmond in 2009 and another by Bowdoin himself in 2009.
“Plaintiffs’ motion to reopen and set aside the Court’s Order of August 29, 2012, merely rehashes arguments previously raised and fails to demonstrate any error, let alone clear error, in the Court’s ruling granting Defendant’s motion to dismiss. Likewise, the record provides no support for Plaintiffs’ motion to recuse Judge Collyer and this motion, too, should be dismissed,” the government said.
ASD was a Ponzi scheme that raised at least $119 million, federal prosecutors said.
Zeek Rewards was a $600 million Ponzi- and pyramid scheme, the SEC said on Aug. 17.
Precisely when Disner and Schweitzer joined Zeek is unclear.
What is clear is that some very strange events have occurred since the U.S. Secret Service brought the civil portion of the ASD Ponzi case in 2008.
Purported “sovereign citizen” Kenneth Wayne Leaming is jailed near Seattle on charges he brought false liens against Collyer, three federal prosecutors and a U.S. Secret Service agent who had roles in the case.
Leaming was arrested by an FBI Terrorism Task Force in November 2011. He since has sued President Obama and Attorney General Eric Holder. Separately, Leaming sued a county sheriff in Arkansas.
Some ASD members claimed Leaming was doing legal work for them, even though he is not an attorney.
Disner, who solicited funds to sue the government for alleged misdeeds in the ASD case, also was involved in an effort by Zeek figure Robert Craddock to raise funds to intervene in the Zeek case.
Precisely how Craddock intends to do that is unclear.
On Aug. 29, the PP Blog reported that U.S. District Judge Rosemary Collyer has authorized the U.S. Department of Justice to reopen remissions claims for victims of the AdSurfDaily Ponzi scheme who missed the January 2011 filing deadline.
Earlier in August, prosecutors advised Collyer that “it is entirely possible” ASD’s database did not contain the names of all members and that money remained to provide a disbursement.
Under the plan, qualifying members who missed the filing deadline could receive a pro rata share of the remainder of funds seized by the U.S. Secret Service in August 2008.
Although the date upon which the Justice Department will reopen remissions still is not known, the ASDUpdates Blog is reporting today that “they expect something to happen within the next few months regarding Claim Forms and submission of documents.”
Visit ASDUpdates to get important info on the new round of remissions.
MLM pitchmen and AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer — both of whom went on to become promoters of the alleged Zeek Rewards Ponzi scheme — have accused a federal judge of “sophistry.”
Sophistry, according to Dictionary.com, means “a subtle, tricky, superficially plausible, but generally fallacious method of reasoning.”
Disner turned to MLM after his days as a founder of the Quiznos sandwhich franchise. Schweitzer is a former attorney whose license was suspended in Connecticut. Both men live in southern Florida.
The curious assertion by Disner and Schweitzer against U.S. District Judge Rosemary Collyer appeared on Collyer’s court docket in the District of Columbia on Sept. 17, one month to the day after the SEC alleged in the western District of North Carolina that the Zeek Rewards MLM “program” was a $600 million Ponzi scheme and pyramid fraud that potentially had affected more than 1 million people.
Senior U.S. District Judge Graham C. Mullen of the western District of North Carolina is presiding over the Zeek case. Kenneth D. Bell is the court-appointed receiver.
Zeek and ASD are known to have members in common.
The ASD Ponzi scheme, which collapsed in 2008, affected at least 97,000 people and created at least 9,000 victims, federal prosecutors said.
Disner and Schweitzer also were pitchmen for ASD, which federal prosecutors in the District of Columbia have described as a $119 million Ponzi scheme marketed MLM-style. The ASD duo sued the United States in November 2011, claiming their records in ASD’s database were private and thus unlawfully seized and accusing federal prosecutors and a U.S. Secret Service agent of presenting a “tissue of lies” when bringing the civil- forfeiture case against $65.8 million in the bank accounts of ASD President Andy Bowdoin in August 2008.
On Aug. 29, Collyer sentenced Bowdoin to 78 months in federal prison. Bowdoin, 77, pleaded guilty to wire fraud in May 2012, admitting in a statement of offense that ASD was a Ponzi scheme and that his business never operated lawfully from its inception in 2006.
But Disner and Schweitzer now claim Bowdoin’s admission “was a necessary part of his plea bargain” with the government. They further assert that Bowdoin’s admission was the “coerced confession of an 80 year old man.”
In court filings in May, however, Bowdoin said this:
“I have read this Plea Agreement and discussed it with my attorneys, Michael McDonnell, Esq. and Charles Murray, Esq. I fully understand this Plea Agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made against me nor am I under the influence of anything that could impede my ability to understand this Plea Agreement fully. I am pleading guilty because I am in fact guilty of the offense(s) identified in this Plea Agreement.” (Italics/bolding added by PP Blog.)
In the filing docketed Sept. 17, Disner and Schweitzer claim the Secret Service “manufactured” events to ensure that the ASD case was heard by Collyer. Earlier, Disner and Schweitzer advanced a theory that undercover agents who joined ASD in 2008 had a duty to identify themselves to ASD management.
Even after Bowdoin pleaded guilty in May, Disner and Schweitzer contended that the government’s case was a “house of cards,” according to court filings.
Disner and Schweitzer now have asked for their lawsuit to be reopened and to have Collyer removed from the case. In ASD-related litigation, Collyer has ordered the forfeiture of more than $80 million.
The bid by Disner and Schweitzer to have Collyer removed from ASD-related litigation is at least the third. In 2009, purported “sovereign” being Curtis Richmond unsuccessfully sought to have Collyer removed. So did Bowdoin.
Disner is now involved with purported Zeek Rewards consultant Robert Craddock in an effort to raise money to challenge either the SEC or the court-appointed receiver in the Zeek case.
Among the early theories advanced by Craddock was that Mullen — the judge in the Zeek case — was playing politics by appointing Bell’s firm as the receiver to enable the firm to gorge itself on fees.
Both ASD and Zeek were accused of selling unregistered securities as investment contracts. The U.S. Secret Service brought the ASD case, with the SEC bringing the Zeek case.
The Secret Service confirmed on Aug. 17 that it also was investigating Zeek. The SEC said that, since January 2011, Zeek had “raised more than $600 million from approximately 1 million investors nationwide and overseas by making unregistered offers and sales of
securities through the ZeekRewards website in the form of Premium Subscriptions
and VIP Bids.”
Zeek was an arm of North Carolina-based Rex Venture Group LLC and was operated by Paul R. Burks, the SEC said.
In their filing accusing Collyer of sophistry, Disner and Schweitzer appear to suggest that Collyer needs a lesson in MLM from purported MLM expert Keith Laggos and MLM attorney Gerald Nehra.
Laggos, an SEC defendant in a 2004 case that alleged he issued laudatory press releases without disclosing he was being compensated, is listed in court records as a Zeek consultant. Laggos settled the 2004 SEC case without admitting or denying liability but agreeing to pay more than $30,000, including a $19,500 civil penalty.
Laggos once opined that ASD was not a Ponzi scheme. Nehra also opined that ASD was not a Ponzi scheme. Richard W. Waak, Nehra’s law partner, is listed in court filings by Zeek as an attorney for the firm.
From time to time over the years, readers have commented that some of the stories published by the PP Blog read like fiction. Did AdSurfDaily Ponzi schemer Andy Bowdoin, for example, really compare the U.S. Secret Service to “Satan” and the 9/11 terrorists?
The answer is yes. But if the answer weren’t disturbing enough, any number of Bowdoin’s apologists were more than pleased to help the recidivist con man spread his reality-distortion field on the Internet. By the time it was over, purported “sovereign citizen” Kenneth Wayne Leaming was filing false liens against a federal judge, three federal prosecutors and a Secret Service agent who’d had roles in the ASD case, according to the FBI.
The Blog itself has pointed out that various “defenders” of various bizarre schemes have woven impossible tales — tales that wouldn’t sell as fiction because they require the suspension of too much disbelief.
Never in human history has fractured thinking been packaged and sold at the scale provided by the Internet. Law enforcement and the courts are facing unprecedented challenges as various litigants and, in some cases, their customers, seek to undermine the authority of judges, prosecutors and police.
In what the PP Blog believes to be one of the most important pieces of judicial reasoning published in 2012, an Alberta judge overseeing a divorce case and encountering bizarre posturing by one of the parties appears to have coined a new term: “Organized Pseudolegal Commercial Argument” or OPCA for short.
Court of Queen’s Bench Associate Chief Justice John Rooke used the divorce case as a springboard to discuss some of the bizarre litigation now occurring in Canada and the United States — theories advanced by “sovereign citizens,” for instance. Highlighted below are snippets from the judge’s issuance of a “Reasons for the Decision.” (Bolding added by PP Blog.)
“These Reasons in many instances identify reported caselaw that comments on OPCA litigants, OPCA gurus, and their misconduct. It should be understood that the reported caselaw is the proverbial tip of the iceberg. The vast majority of encounters between this Court and OPCA litigants are not reported.
These litigants and their schemes have been encountered in almost all areas of law. They appear in chambers, in criminal proceedings, initiate civil litigation based on illusionary OPCA rights, attempt to evade court and state authority with procedural and defencebased schemes, and interfere with unrelated matters.
OPCA strategies as brought before this Court have proven disruptive, inflict unnecessary expenses on other parties, and are ultimately harmful to the persons who appear in court and attempt to invoke these vexatious strategies. Because of the nonsense they argue, OPCA litigants are invariably unsuccessful and their positions dismissed, typically without written reasons. Nevertheless, their litigation abuse continues. The growing volume of this kind of vexatious litigation is a reason why these Reasons suggest a strong response to curb this misconduct.” — Queen’s Bench Associate Chief Justice John Rooke, Sept. 18, 2012
Did you know that American Uniform Commercial Code (UCC) schemes advanced by vexatious litigants have made their way into Canada?
And did you know that some individuals advancing such schemes do not seem to understand they are quoting codes and law to Canadian judges that apply only in America?
Not only do the codes and law not only not apply under Canadian law, they misinterpret the meaning and application of American law.
But it gets stranger than that: Dennis Larry Meads is a party to the divorce case filed in Alberta and referenced above. To say the case has served up a symphony of the bizzare would be an understatement.
Meads, for instance, allegedly has instructed Rooke “and the Bank of Canada to use a secret bank account, with the same number as his social insurance number or birth certificate, to pay all his child and spousal support obligations, and provide him $100 billion in precious metals. Mr. Meads has also purported to create various contractual obligations for those who might interact with him, or who write or speak his name.”
The case has prompted Rooke to dissect some very strange events taking place in Canadian and U.S. courts.
Theses cases, according to the judge, “often fall into the following descriptions: Detaxers; Freemen or Freemen-on-the-Land; Sovereign Men or Sovereign Citizens; Church of the Ecumenical Redemption International (CERI); Moorish Law; and other labels.”
At one point in the divorce proceeding, Meads attempted to give an envelope to the judge, but the judge refused, explaining “I refused the envelope, and noted that if the envelope was abandoned then I would put those materials in the garbage. I reassured Mr. Meads that I will apply the laws of Alberta and Canada, and that while he is in Court, he will follow the Court’s rules.
Mr. Meads’ reply was that was “unacceptable,” and he claimed that the “UCC” is “universal law,” according to the judge.
As the proceeding continued, according to the judge, Meads accused the court of “enticing me into slavery.”
Meads went on to insist that “the Bible is the ‘Maximus of Law’” before leaving the courtroom.
UPDATED 10:05 P.M. EDT (U.S.A.) The SEC today updated its information site on the Zeek Rewards Ponzi scheme case, noting its investigation “is continuing” and pointedly adding language that “ZeekRewards and [Paul R.] Burks immediately consented to an asset freeze, the appointment of a receiver over their assets, and the payment of a $4 million penalty.”
Although the agency gave no specific reason for the update, it occurred against the backdrop of an ongoing effort by Zeek figure Robert Craddock to intervene in the case after collecting donations from individual members of Zeek.
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Screen shot of section from Google cache. This is how this section of the SEC's Zeek information page looked prior to today's update.
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Screen shot: The red highlights were added by the PP Blog and show today's change to the SEC's Zeek info site.
While the SEC did not provide the reason for the subpoena, some have speculated that recent comments attributed by Craddock to the SEC concerning purported admissions of fault in the SEC’s case against Zeek which were later refuted may have piqued the SEC’s interest.
On Sept. 23, the PP Blog reported that Craddock’s name did not appear on a Sept. 17 list of “EMPLOYEES, OTHER PERSONNEL, ATTORNEYS, ACCOUNTANTS & OTHER AGENTS/CONTRACTORS” submitted by Zeek to Senior U.S. District Judge Graham C. Mullen even though Craddock identified himself in July as a Zeek “consultant.”
Craddock also was present on separate fundraising calls last month with Todd Disner, a Zeek pitchman and a member of the AdSurfDaily 1-percent-a-day Ponzi scheme, and with T. LeMont Silver. Silver was described on a Zeek website in June as a Zeek “employee.”
Among other things, Silver was a pitchman for OneX, which federal prosecutors in the District of Columbia described in April as a “fraudulent scheme” and “pyramid” that was cycling money in ASD-like fashion. Jailed ASD Ponzi scheme operator Andy Bowdoin also was a OneX pitchman.
ASD was a Ponzi scheme that gathered at least $119 million, according to federal prosecutors. Zeek’s business model was very similar to ASD’s business model.
Zeek was a Ponzi scheme that gathered $600 million, according to the SEC.
Andy Bowdoin's booking photo in the District of Columbia.
Convicted AdSurfDaily Ponzi schemer Andy Bowdoin is in the custody of the U.S. Marshals Service and is listed “in transit” to a federal detention facility, according to court filings and the Federal Bureau of Prisons website.
Where Bowdoin, 77, will do his time has not yet been revealed. But a criminal judgment against Bowdoin signed Sept. 21 by U.S. District Judge Rosemary Collyer included a recommendation that Bowdoin be incarcerated “at a Low or Minimum Security facility near Tallahassee,” Fla.
Bowdoin’s ASD, which purported to pay members 1 percent a day, operated in Quincy, Fla., a short drive from Tallahassee.
On Aug. 29, Collyer sentenced Bowdoin to 78 months. He pleaded guilty to a Ponzi-related charge of wire fraud in May and admitted ASD was a Ponzi scheme.
Bowdoin had been held at a jail in the District of Columbia since June 12, the date his bond was revoked after federal prosecutors proffered evidence that he continued to commit crimes after the U.S. Secret Service raided ASD in 2008.
The Secret Service said last month that it also was investigating Zeek Rewards, another 1-percent-a-day-plus “program.” The SEC has described Zeek as a $600 million Ponzi- and pyramid scheme.
ASD gathered at least $119 million, according to court filings.
Zeek and ASD are known to have had members in common.
UPDATED 4:20 P.M. EDT (U.S.A.) Unsolved mysteries remain in the Zeek Rewards Ponzi scheme case. Among the unanswered questions are these:
How many members did Zeek have in common with AdSurfDaily, a predecessor 1-percent-a-day scam to the Zeek scheme?
Why do some Zeek “defenders” appear to be engaged in bizarre bids to harass and menace Zeek critics?
Why did Zeek list certain ASD members or story figures as employees on its website — and why does some of the employee information published on Zeek’s website in June appear to be at odds with employee information contained in court filings by Zeek last week?
How much connectivity did Zeek have with scams such as NarcThatCar, AdViewGlobal, OneX and JSSTripler/JustBeenPaid, a “program” that may have ties to the “sovereign citizens” movement?
On June 7, the PP Blog reported that a Zeek Rewards MLM “program” website was listing the names of 16 Zeek “employees,” including the name of Terralynn Hoy, a mainstay in the AdSurfDaily Ponzi scheme story. Also included was the name of OH Brown, an executive at a company (USHBB Inc.) that produced ads for the NarcThatCar pyramid scheme. This information is reflected in screen shots Nos. 1 and 2. Notes by the PP Blog also are included.
Hoy participated in at least one conference call for Zeek, as did Brown. Zeek’s 1-percent-a-day-plus business model was very similar to the business model of ASD, which the U.S. Secret Service described in 2008 as a massive online Ponzi scheme that had gathered tens of millions of dollars. Zeek launched after the collapse of ASD and had members and/or figures in common with ASD and AdViewGlobal, a collapsed 1-percent-a-day “program” federal prosecutors linked in April 2012 to ASD.
Among Silver’s OneX claims was that OneX positions being given away were worth $5,000. Bowdoin declared OneX an excellent “program” for college students.
Even though Zeek claimed Silver, Hoy, Catherine Parker, Brown, Trudy Gilmond and Marie Young Cain as “employees” in June, they are not referenced as “EMPLOYEES, OTHER PERSONNEL, ATTORNEYS, ACCOUNTANTS & OTHER AGENTS/CONTRACTORS” in a Sept. 17 court filing by Rex Venture Group LLC/Zeek operator Paul R. Burks.
Also absent from Burks’ Sept. 17 list of Rex/Zeek employees/contractors is Robert Craddock, who identified himself in July as a Rex “consultant.” In July, prior to the SEC’s Ponzi allegations against Zeek, Craddock sought to disable the Hub of Zeek critic “K. Chang” by filing a complaint for purported copyright/trademark infringement and libel with HubPages.com. Craddock was successful briefly, but HubPages eventually restored the “K. Chang” Hub. Craddock later became involved in a purported effort to raise funds to “protect” Zeek affiliates from the SEC and/or the court-appointed receiver in the Zeek Ponzi case.
Gilmond once pitched Regenesis2x2, a “program” that became the subject of a U.S. Secret Service investigation in 2009. The Secret Service also is investigating Zeek. The SEC described Zeek last month as a $600 million Ponzi- and pyramid scheme.
Precisely how and when Rex/Zeek hired or replaced/dismissed employees is unclear. The names of a number of individuals listed by Zeek as employees in June do not appear on the list Burks filed in court last week.
NarcThatCar effectively collapsed in 2010, after coming under scrutiny by the Better Business Bureau and investigative reporters. Narc operated from Texas — and yet did part of its banking in North Carolina at one of the banks used by Zeek. Both Narc and Zeek used USHBB Inc. to produce ads for their respective “programs.” Both Narc and Zeek scored “F” grades with the BBB — and when the BBB published negative information about the respective “programs,” some affiliates of the respective “programs” claimed the BBB was a fraud.
Zeek ‘Defender’ Stalks PP Blog, Starts Disinformation Site After HubPages Restores ‘K. Chang’ Site Targeted By Craddock
The PP Blog is reporting today that, after the SEC described Zeek as a $600 million fraud and after HubPages restored the “K. Chang” Hub critical of Zeek and targeted by Craddock, a purported Zeek “defender” used the Internet repeatedly to send harassing communications to the PP Blog. Dated Aug. 28, one such communication was an announcement that the PP Blog and “K. Chang” had been targeted in a retaliation campaign for their respective reporting on Zeek.
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The Blog’s stalker created more than a dozen bogus usernames and email addresses to send harassing (and bizarre) communications to the PP Blog.
Here is one from Aug. 31 (italics added):
Watch out for the Romney lover namely KSChang!!!! He was saw holding hands with Mitt, caressing the presidential candidate, while surfing PatrickP’s amazing, smart, funny, and romantic blog.
Mitt Romney is the Republican nominee for President of the United States.
For reasons that remain known only to the PP Blog’s cyberstalker, the individual also sent a one-word harassing communication — “Pussy” — to the thread below this Aug. 29 PP Blog guest column by Gregg Evans. Separately, the cyberstalker sent a communication that planted the seed Evans would get sued for his Aug. 29 PP Blog column.
“Are you willing go toe to toe with a lawyer on your claims and back up this article?” the cyberstalker wrote.
On Aug. 31, the cyberstalker — who’d been banned under multiple identities — sent this harassing communication to the PP Blog:
“What happened to your face dude, looks like you got ran over by an ugly truck.”
Screen shot: Accused Ponzi schemer Paul R. Burks of Rex Venture Group LLC advised Senior U.S. District Judge Graham C. Mullen of the Western District of North Carolina today about Zeek's relationships with various financial vendors. The alleged Zeek Rewards Ponzi scheme operated through Rex Venture..
BULLETIN: (UPDATED 9:18 P.M. EDT U.S.A.) New court filings by accused Ponzi schemer Paul R. Burks of Rex Venture Group LLC show that Zeek Rewards had more than $40 million in offshore payment processors.
Included in that sum is $20.765 million in Canada’s AlertPay/Payza, and $20 million in Canada’s SolidTrustPay.
Today’s filing also shows $10 million on deposit at Bank of America. Court filings in the AdSurfDaily Ponzi scheme case brought by the U.S. Secret Service in 2008 show that ASD also banked at Bank of America.
On Aug. 17, the SEC alleged that North Carolina-based Zeek was a massive online Ponzi- and pyramid scheme that had gathered $600 million since January 2011. Filings by Burks today suggest Zeek did it all with fewer than 40 employees, including part-time contractors such as attorneys and consultants in areas such as payroll, accounting, compliance and marketing.
Included among the consultants listed by Burks was Keith Laggos, a purported MLM expert. Laggos once opined that AdSurfDaily was not a Ponzi scheme. ASD President Andy Bowdoin later admitted that it was. Bowdoin was sentenced last month to 78 months in federal prison.
Screen shot: I-Payout website showing logos of "Global Strategic Partners." Ponzi-forum reports surfaced yesterday that the Wealth4AllTeam HYIP scheme was using I-Payout. In July, a scheme known as "OneX' that federal prosecutors previously described as a fraud and a "pyramid" announced that it was transitioning to I-Payout.
UPDATE: Wealth4AllTeam, one of the many HYIP schemes pushed by Zeek Rewards “I Got Paid” cheerleader “Ken Russo,” reportedly was using I-Payout as a payment facilitator, according to new Ponzi-forum reports.
Wealth4AllTeam appears to have suspended operations, leaving the Ponzi forums in an uproar amid claims that it is transitioning to a new business model that incorporates something called “Project Genesis.”
“I-payout quick links has been removed….all the attached bank account has been deactivated..there is no option left to deposit or withdraw…Looks like W4all have a hold on I-payout,” MoneyMakerGroup poster “jhakas22” claimed yesterday.
If the report is true — and MoneyMakerGroup poster Tobwithu claimed that he (or she) “can confirm that all links at i-payout are gone!’ — then it means that Wealth4AllTeam was using the same facilitator to which the mysterious “OneX’ scheme claimed it was transitioning.
In April, federal prosecutors described the purported OneX “program” as a “fraudulent scheme” and “pyramid” pushed by former AdSurfDaily President Andy Bowdoin. ASD was a $119 million Ponzi scheme. In August, Bowdoin was sentenced to 78 months in federal prison.
On July 19, the PP Blog reported that OneX claimed it had dropped SolidTrustPay — a Canada-based processor linked to fraud scheme after fraud scheme — in favor of I-Payout. That announcement was made by “J.C.,” later identified by federal prosecutors as James C. Hill.
I-Payout’s website publishes the logos of HSBC, Deutsche Bank, Barclays and other “Global Strategic Partners,” including Bank of America.
(Also see June 20 PP Blog report about OneX claim that it was working with a processor with a tie to Bank of America. Given events that occurred after the dropping of Bank of America’s name and the appearance of the bank’s name on the I-Payout site, it appears “J.C.” was alluding to I-Payout in June.)
Any number of ASD Ponzi-scheme pushers used Bank of America’s name to sanitize the ASD fraud. In raising Bank of America’s name in June and announcing the I-Payout transition in July, OneX appears to have been doing the same thing.
Name-dropping to sanitize fraud schemes is common in the HYIP sphere. So are lawsuit threats and other bids to chill websites that publish information critical of HYIPs.
In July, Robert Craddock, a purported “consultant” for Rex Venture Group LLC — the operator of the Zeek Rewards MLM scheme — sought to have a HubPages site operated by Zeek critic “K. Chang” removed from the web by filing a complaint with HubPages about purported copyright and trademark infringement and libel. Craddock’s efforts succeeded temporarily.
In a bizarre Blog post on Aug. 4, Zeek claimed that “all” criticism of Zeek was unfair and planted the seed that unspecified “North Carolina Credit Unions” were circulating a purported “internal memo” that allegedly was “at once unfavorable to Zeek Rewards and false.”
The Zeek post, attributed to then-acting COO Gregory J. Caldwell, complained the credit unions were slandering Zeek and warned Zeek members to toe the company line.
Thirteen days later, the SEC filed an emergency court action that described Zeek as a $600 million Ponzi- and pyramid scheme.
Craddock now is involved in a purported effort to defend Zeek affiliates from clawback actions by the court-appointed receiver in the SEC’s Zeek case. That effort began after the SEC’s actions against Zeek and also included name-dropping. During a pitch for Zeek members to send in money, Craddock dropped the name of former Florida Attorney General (and former U.S. Rep.) Bill McCollum.
McCollum, now a partner at the SNR Denton law firm, no longer is in public office. Precisely why Craddock mentioned McCollum’s name is unclear, although Craddock initially said that the Zeek affiliates were hiring SNR Denton. That effort appears now to have fallen through.
As Florida’s Attorney General, McCollum sued ASD for fraud in August 2008. Some ASD members countered that McCollum should be sued for Deceptive Trade Practices for holding the view that ASD was a fraud. Although McCollum’s office later dropped the ASD lawsuit, it said it had gathered names of ASD fraud victims and provided them to the U.S. Department of Justice, which had established a remissions process through which ASD victims could receive compensation from proceeds seized by the U.S. Secret Service in the ASD Ponzi case filed at the federal level in the District of Columbia.
Zeek is known to have members in common with the ASD Ponzi scheme. Some Zeek members also promoted OneX, the scheme promoted by ASD’s Bowdoin after his December 2010 arrest by the U.S. Secret Service on Ponzi-related charges of wire fraud, securities fraud and selling unregistered securities.
Bowdoin told prospects that OneX was good for “college students.”
This grainy likeness of Legisi HYIP operator Gregory N. McKnight appears in U.S. court files.
BULLETIN: Yesterday’s scheduled sentencing of convicted Legisi HYIP swindler Gregory N. McKnight has been delayed until Nov. 19, but federal prosecutors in the Eastern District of Michigan have asked U.S. District Judge Mark A. Goldsmith to sentence McKnight to 15 years in prison.
McKnight and Legisi relied on “semantic obfuscation” in which investors were told they were joining a “loan program,” not making an “investment,” prosecutors said.
A 15-year sentence is at “the top of the sentencing guidelines of 151-188 months” and “may serve to discourage others who are inclined to involve themselves in similar criminal conduct,” prosecutors argued to the judge.
In February, McKnight, 52, pleaded guilty to wire fraud in the Legisi Ponzi caper. The scam, which planted the seed a return of between .25 percent a day and 12 percent a month was possible, was popularized in part on Ponzi boards such as MoneyMakerGroup and Talk Gold.
Court filings show that Legisi used some of the same payment processors used by the AdSurfDaily Ponzi scheme, including e-Gold and e-Bullion. ASD operator Andy Bowdoin was sentenced in August to 78 months in federal prison.
“The principle mechanism by which investor funds would be funneled to defendant was through the utilization of the internet via digital currency, particularly e-gold and e-bullion,” prosecutors said in the McKnight sentencing memo. “The use of these non-traditional funding methods provided McKnight with the opportunity (at least for a while) to conduct the scheme below the radar of regulators.”
And, prosecutors pointed out, “[i]n 2007, the United States government seized the property in approximately 58 e-gold accounts due to various criminal violations, including McKnight’s account . . . Moreover, in 2008, e-gold and its operators were convicted of money laundering and conspiracy to defraud the United States . . . And in 2006, the United States government commenced a forfeiture suit against e-bullion for operating an unlicensed money transmitting business, wire fraud, and money laundering . . . James Fayed, the owner and operator of e-bullion, was later convicted in the State of California of having his wife murdered and sentenced to death row.”
Legisi gathered about $72 million. The SEC and the U.S. Secret Service led the probe, which resulted in civil charges against McKnight by the SEC and a criminal charge of wire fraud against him by the Secret Service.
Legisi pitchman Matthew John Gagnon also was charged civilly and criminally in the Legisi case.
From the prosecution’s sentencing memo on McKnight (italics added/bolding in original):
As if the exorbitantly high interest rates were not enough to induce investors into defendant’s scam, Legisi also offered a referral program whereby investors could earn a 5% to 7% commission on the amount of new funds that a referred investor placed in the program. As McKnight explained, “[a]s an Active Member of Legisi.com, you are encouraged to refer friends, colleagues, and your own website visitors to us and benefit from an additional source of income — a 5% – 7% incentive bonus for each new account opened by your referrals and on any and all future deposits from them!”
Legisi was an acronymn that stood for “Lucrative Electronic Gold Income Services International,” prosecutors said. HYIP schemes spread in part because unlicensed/unregistered brokers (such as Gagnon) push them online to earn “commissions.”
The MoneyMakerGroup Ponzi forum — one of the outlets from which Legisi was pushed — is specifically referenced in court filings in the Legisi case.
Zeek Rewards, which the SEC described last month as a $600 million Ponzi- and pyramid scheme selling unregistered securities, also was heavily pushed on the Ponzi forums. Zeek used both domestic and offshore financial vendors, including AlertPay and SolidTrustPay in Canada.
Zeek planted the seed it could provide a return of between 1 percent and 2 percent a day, far higher than Legisi’s maximum suggested payout of 12 percent a month. Like Zeek, ASD suggested a payout on the order of 1 percent a day. The ASD scheme gathered at least $119 million, federal prosecutors in the District of Columbia said.
ASD relied on wordplay to dupe investors. So did Legisi, prosecutors said in the McKnight sentencing memo (italics added):
In addition to operating a Ponzi scheme, McKnight committed various securities violations. While McKnight himself referred to Legisi as a “loan” program, and demanded that “members” not refer to their “loan” and an “investment,” Legisi was, in reality, an investment contract, which is considered a security and therefore regulated by the Securities and Exchange Commission. This semantic obfuscation was quite obviously an attempt to sidestep the securities laws.
From a footnote in the prosecution’s McKnight sentencing memo (italics added):
[Legisi] Investors originated from all 50 states and approximately 33 foreign countries (Australia, Bahamas, Belgium, Canada, Cyprus, Demark, England, France, Finland, Germany, Greece, Iceland, India, Ireland, Israel, Italy, Japan, Netherlands, New Zealand, Norway, Malaysia, Mexico, Nigeria, Philippines, Saudi Arabia, Singapore, Slovenia, South Africa, South Korea, Sweden, Spain, Thailand, Trinidad West Indies).
EDITOR’S NOTE: The PP Blog sought comment from Troy Dooly of MLMHelpDesk this morning (Sunday) on the disturbing Zeek- and Ponzi forum-related developments reported in our story below. (Story appears below screen shots.) Dooly has not responded as of the time of this post, but the PP Blog will publish his comment if and when received. (UPDATE 10:24 p.m. Dooly has responded to the request for comment. His comment has been added to the story below.)
Various efforts to mislead Zeek members and the public about the SEC’s Aug. 17 action against Zeek Rewards amid allegations that Zeek was a $600 million Ponzi- and pyramid fraud now are under way online. If you’ve received an email attributed to Zeek member Dave Kettner that claims “[t]he SEC acknowledged that there are a couple of problems with the case against Zeek Rewards and Rex Venture group,” it almost certainly is best to be extremely skeptical of the claims. Similar claims were made by apologists for the AdSurfDaily Ponzi scheme.
These are among the claims attributed to Zeek-member Kettner, who is using the pronoun “we” when referring to the SEC:
We (the SEC) are not able to find a victim in this case. We are not able to find anybody at this time that has been harmed by Zeek Rewards.
We (the SEC) are having a hard time finding a security. In the complaint, it said that Zeek was selling securities and was an investment scheme.
Beginning in August 2009, dozens of AdSurfDaily members flooded the docket of U.S. District Judge Rosemary Collyer with claims the government had produced no “VICTIMS” in the ASD Ponzi case. The pleadings appear to have been based on a template shared by one or more ASD downline groups. Included among the filers was Todd Disner, then an emerging figure in the ASD story and now an emerging figure in the Zeek story.
Collyer rejected each and every one of the claims. In September 2011, the U.S. government announced it had identified at least 8,400 ASD victims. Two months later — in November 2011 — Disner filed a lawsuit against the government that alleged it had produced a “tissue of lies” and that ASD was a legitimate enterprise. About seven months later — in May 2012 — ASD operator Andy Bowdoin pleaded guilty to wire fraud and admitted ASD was a Ponzi scheme and that the company never had operated lawfully. The government now says it has identified at least 9,000 ASD victims.
Justia.com has archived Collyer’s ASD docket and the related filings here. Disner’s unsuccessful filing is Docket No. 91. The ruling rejecting his claim (and others) is Docket No. 96. Despite the denials, other ASD members continued to use the same no “VICTIMS” argument, which incorporated a conspiracy theory that government evil was afoot. Collyer eventually issued en masse denials.
Disner, Kettner and Zeek figure Robert Craddock are known to be involved in an effort to raise funds purportedly to defend Zeek affiliates while taking the SEC to task. The effort has been marked by shifting stories, contributing to an atmosphere of confusion. PP Blog guest columnist Gregg Evans wrote about some of that confusion here. The SNR Denton law firm, once presented by Craddock as the attorneys for Zeek affiliates, now appears to have withdrawn its representation. Meanwhile, a website known as ZTeamBiz that was gathering funds for the purported Zeek defense has been blocked by PayPal, a development ZTeamBiz blamed on purported fear of competition by eBay. eBay owns PayPal.
RealScam.com (GlimDropper) now is reporting that ZTeamBiz is soliciting money via “electronic check drafts” and potentially putting contributors’ banking information at risk.
Meanwhile, it’s worth pointing out that the U.S. Secret Service confirmed on Aug. 17 that it was investigating Zeek. Beyond that, the office of North Carolina Attorney General Roy Cooper has confirmed it is investigating Zeek. At least two proposed class-action lawsuits also have been filed against Zeek. The SEC is hardly Zeek’s only worry.
Here, now, our story about how a Ponzi-board poster appears to be causing Dooly’s MLMHelpDesk.com to load beneath a different URL in an apparent bid to create confusion about the SEC’s Zeek action while also leeching off Dooly’s work product to gather “leads.”
1.
"freezeekler," a MoneyMakerGroup Ponzi forum poster in the "ProfitClicking" thread, is using his (or her) forum signature to help disinformation about Zeek spread online. ProfitClicking may have ties to the "sovereign citizens" movement.
2.
The redirect from the signature of "freezeekler" at the MoneyMakerGroup Ponzi forum causes Troy Dooly's MLMHelpDesk.com Blog to load under a URL styled "draftsforcash.com."
3.
On the MoneyMakerGroup Ponzi forum, "freezeekler" says his (or her) plan with the "ProfitClicking" program is to "withdraw at least until I have my investment back."
UPDATED 10:24 P.M. EDT (U.S.A.) TO ADD FIRST COMMENT FROM TROY DOOLY. UPDATED AT 11:25 P.M. TO REFLECT COMMENT FROM DOOLY THAT THE OFFENDING PAGE DESCRIBED BELOW HAS BEEN REMOVED. UPDATED 9:13 A.M. (SEPT. 10) TO FIX REDUNDANCY IN THIRD PARAGRAPH.
Efforts to spread disinformation about the SEC’s action in the Zeek Rewards Ponzi case intensified on the web yesterday. One such bid occurred within the thread on the “ProfitClicking” scam-in-progress at the MoneyMakerGroup Ponzi forum, where a poster known as “freezeekler” is using the following “signature” line (italics added):
Hot! ZEEK REWARDS Coming Back, NOT GUILTY? NEW updated information!
“freezeekler” apparently also is in “ProfitClicking,” given his (or her) MoneyMakerGroup comment about a plan to “withdraw at least until I have my [ProfitClicking] investment back.”
MoneyMakerGroup is listed in U.S. federal court filings as a place from which Ponzi schemes are promoted. Records show that five major scams promoted on the forum in recent years — Zeek, AdSurfDaily, Legisi, Pathway To Prosperity and Imperia Invest IBC — allegedly gathered a combined sum of at least $868 million. By contrast, the 2013 budget for the city of Las Vegas is $468.8 million, according to a May report in the Las Vegas Sun. The population of Las Vegas is approximately 590,000.
In terms of the number of victims — currently estimated at between 1 million and 2 million — Zeek may be the largest Ponzi scheme ever investigated by U.S. law enforcement. Its membership base may be at least 10 times larger than ASD, whose base was estimated by the U.S. Department of Justice at 97,000. Zeek’s estimated cash-drawing power of $600 million appears to have been approximately five times larger than ASD’s.
When “freezeekler’s” signature link is clicked, a redirect kicks in and visitors are taken to a URL styled “draftsforcash.com” and a page styled “zeekrewards.” (draftsforcash.com/zeekrewards.) When visitors move their mouse, a lead-capture ad then loads for a 60-minute “webinar” for an unspecified program that asks viewers to submit their name, email address and phone number.
Although visitors may believe they are at the “draftsforcash” site’s Zeek Rewards page, they’re actually at the site of Troy Dooly’s MLMHelpDesk. MoneyMakerGroup’s “freezeekler” appears to have caused the redirect to Dooly’s Blog to occur without causing the URL for MLMHelpDesk to appear in the location bar. Visitors unfamiliar with Dooly could come to believe he is the owner of “draftsforcash.”
That domain, however, is registered on the name of Bargain Crusader Inc., according to a whois search. When the “zeekrewards” page is stripped from the “draftsforcash.com/zeekrewards” URL, visitors see Blog whose sole story appears under a headline of “Daily, and Weekly fantasy sports leagues.”
The “skin” for the one-post Blog, according to a link at the site, is provided by “online casino uk site in cooperation with play roulette for fun weblog.”
Dooly tonight expressed concern about the Ponzi-forum development.
“This is nuts,” he said in an an initial email to the PP Blog. “Thank you for sharing this info with me. I will do a post tomorrow on this issue.”
In a second email to the Blog, Dooly said his company took quick action to ensure the offending page was taken down.
“My COO jumped on the issue as soon as I sent it to him,” Dooly said.
ProfitClicking is an ASD-like autosurf formed from the carcass of the JSS Tripler/JustBeenPaid “program” that suddenly went missing last month amid reports of the sudden “retirement” of Frederick Mann, the purported operator of JSS/JBP.
Mann is a former pitchman for the ASD Ponzi scheme. JSS/JBP claimed to have more than 1 million members. Its cash-sucking power remains unclear.
AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer should not be permitted to reopen their lawsuit against the government for alleged misdeeds in bringing the ASD Ponzi-scheme case in August 2008, government lawyers said in court filings today.
