U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida has dismissed a lawsuit by AdSurfDaily members Dwight Owen Schweitzer and Todd Disner against Rust Consulting Inc., the government-approved claims administrator in the civil portion of the ASD Ponzi case.
The claims by Schweitzer and Disner were hypothetical in nature and “far from the ‘definite and concrete’ dispute required for the maintenance of a declaratory judgment action,” Altonaga ruled.
And Schweitzer and Disner did “not explain how their allegations relate to their declaratory action against Rust,” Altonaga ruled.
“Indeed,” she continued, “the declaration Plaintiffs seek in this action relates to the government’s verified complaint for forfeiture . . . the Court cannot find — nor do Plaintiffs identify — anything in the Complaint indicating what declaration Plaintiffs seek with regard to Rust.”
Schweitzer and Disner sued Rust and the United States in November. A response by the U.S. Department of Justice is expected soon.
Rust moved for dismissal last month, arguing that Schweitzer and Disner were impermissibly seeking to relitigate the forfeiture action against tens of millions of dollars in the personal bank accounts of ASD President Andy Bowdoin.
Those issues already had been decided in the District of Columbia, where the forfeiture case was filed in August 2008, Rust argued.
In dismissing the claims by Schweitzer and Disner against Rust, Altonaga ruled that the Schweitzer/Disner complaint had presented a “conjectural, hypothetical, or contingent” controversy as it pertained to Rust.
Compound150 says it is a spinoff of T2MoneyKlub, while targeting "compounding lovers" like a sandwich joint targets lovers of cheeseburgers.
The ink was barely dry on the most recent civil judgments for millions of dollars against serial HYIP pitchman Matthew J. Gagnon when Compound150 launched yesterday. On Tuesday, the SEC announced $4.2 million in new court-ordered assessments against Gagnon, who’d earlier been hit with more than $2.5 million in assessments in a related case and became the subject of a criminal complaint filed by the U.S. Secret Service.
Gagnon was a web-based pitchman for the Legisi HYIP Ponzi scheme and other high-yield “opportunities,” including a “program” in which his alleged partner was a twice-convicted felon. The SEC essentially charged Gagnon with turning a blind eye to obvious fraud schemes — repeatedly.
Apparently not taking the clue that HYIP promoters are at risk of both civil and criminal prosecution, the operators of JSS Tripler 2 have launched the Compound150 feeder scam, a companion to the original JSS Tripler 2 scam. After suspending member payouts in December 2011 amid reports of an AlertPay freeze, JSS Tripler 2 — also known as T2 — gave itself a new name: T2MoneyKlub.
The addition of the Compound150 scam means that the entity — purportedly operated by “Dave” from locales ranging from Britain to Cambodia to Thailand — means that the original JSS Tripler 2 entity now has a third entry in its scam lineup.
But the strangeness does not end there: Indeed, JSS Tripler 2 reportedly based its original name on JSS Tripler, a purportedly unrelated “program” whose affiliates became the subjects in January of a probe by CONSOB, the Italian securities regulator. Compound 150 reportedly launched during a period in which “Dave” was building prelaunch buzz while simultaneously battling (or recovering from) a bout with Dengue fever.
In the fraud sphere, it is common for “opportunities” to refer to illnesses, server problems or catastrophes such as typhoons. In upholding the 20-year prison sentence of pyramid schemer Seng Tan, the U.S. Court of Appeals last month pointed out that Tan — who targeted the scam she ran with her husband at Cambodian émigrés in the United States — blamed the scam’s inability to make payouts on Hurricane Katrina.
Tan’s husband — James Bunchan — ultimately received sentences totaling 60 years because he discussed murdering witnesses and the federal prosecutor who brought the case.
How strange could the JSS Tripler2/T2MoneyKlub/Compound150 “opportunity” get? The answer, perhaps, is that the sky is the limit. Perhaps positioning itself as a category creator, Compound150 says “compounding lovers” are among its target audience.
Compound150 apparently believes it is to multilevel marketing (MLM) what a fast-food chain is to lovers of cheeseburgers
Compound150 opened its doors amid a weekend flap at the MoneyMakerGroup Ponzi forum in which “Dave” — posting as Peakr8 — protested the forum’s description that the emerging opportunity was an HYIP, not an MLM opportunity.
“So are we a HYIP?” Dave asked.
“Hell no!” he answered himself, even as Compound150 was claiming on its website that it pays participants “1% daily for 150 days up to 150%.”
In effect, Compound 150 is advertising a (precompounding) annualized return of 365 percent, about the same purported ROI that led to the 2010 indictment of AdSurfDaily President Andy Bowdoin amid allegations he was operating an international Ponzi scheme.
If convicted on all counts in his September 2012 Ponzi trial, Bowdoin, 77, faces up to 125 years in federal prison and fines in the millions of dollars. As part of the ASD Ponzi investigation, the U.S. Secret Service seized the bank accounts of some individual ASD promoters.
Ten of Bowdoin’s personal bank accounts were seized — and five bank accounts allegedly involved in the operation of Golden Panda Ad Builder, a companion autosurf, were seized.
“Dave” was joined in his protest by JSS Tripler2/T2MoneyKlub/Compound150 shill “lolalola,” who insisted that Compound150 was an MLM.
In the civil portion of the ASD case, ASD also insisted it was an MLM. A federal judge was unmoved, ordering the forfeiture of more than $80 million, including more than $65.8 million from Bowdoin’s personal bank accounts.
An “opportunity” can at once be both an HYIP and an illegitimate MLM “program.” (Simply calling a program an ‘MLM” does not cure a program of legal defects, and some scams mix-and-math elements of both pyramid schemes and Ponzi schemes. Such programs may be described by investigators as pyramid-style Ponzi schemes.)
Compound150 appears to have a confluence of payout schemes very similar to the schemes that led to at least FOUR ASD-related forfeiture actions, the filing of a racketeering (RICO) lawsuit against Bowdoin, the seizure of tens of millions of dollars, millions of dollars in ASD-related civil judgments — and the ultimate filing of wire fraud and securities- fraud charges against Bowdoin.
Bowdoin also was charged with selling unregistered securities.
Like Bowdoin, Seng Tan also insisted her “opportunity” was an MLM.
Purported JSS Tripler/JustBeenPaid COO Carl Pearson. From: YouTube.
It sometimes is the case in the corrupt universes of HYIPs that a change in the status quo signals panic or devastating news. It’s also sometimes the case that significant developments get explained away as meaningless or part of a plan that had been in place all along in response to explosive growth.
It is almost always the case that HYIPs such as JSS Tripler/JustBeenPaid and their various purveyors reveal incongruities and internal inconsistencies — and a few big ones now are in play at JSS/JBP.
Within the past several days, audio recordings of JSS Tripler/JustBeenPaid “conference calls” featuring pitchman and purported COO “Carl Pearson” have gone missing from the JSS/JBP website. The recordings previously had been embedded on the site below the embedded recordings of Frederick Mann, the purported operator of JSS/JBP. Although Mann’s recordings remain, the recordings of Pearson have vanished.
No recording from Mann was added to the site last week, meaning the last embedded Mann recording carries a date of March 15. No recording was posted for March 22, meaning that the streak of posting a recording of every Mann Thursday conference call dating back to Feb. 16 had been broken.
In the March 15 call, Mann told members that JSS/JBP was paying them with money from “new members” and that it was OK to call JSS/JBP an investment program. Using money from new members to pay old members is the central element of a Ponzi scheme. And because Mann himself described JSS/JBP as an investment program, promoters could find themselves confronting assertions they are selling unregistered securities as investment contracts.
JSS/JBP members who identified themselves of residents of the United States or Canada were on the March 15 call (and also on previous calls). Their nationalities and citizenship are potentially important because JSS/JBP has no known securities registrations, meaning that regulators from either the United States or Canada could move against the enterprise and perhaps even some of its promoters.
Mann has declined on multiple occasions to identify JSS/JBP with a nation-state — and promoters still are pushing the scheme, despite the fact they appear to have no clue about the internal workings of JSS/JBP and how they (and their recruits) ever could recover their investments in the event of a collapse or a government intervention.
In January, the Italian securities regulator CONSOB announced a JSS/JBP-related action — and affiliates still promoted the program, with JSS/JBP itself claiming it was posting record numbers of new members daily.
At least a few JSS/JBP members have noted the removal of the Pearson calls. Earlier today, the PP Blog viewed an affiliate’s Blog for JSS/JBP in which an assertion was made that Pearson had become too busy with other duties to host calls.
“Due to the unprecedented growth of JBP, Carl Pearson will no longer be doing the weekly conferences,” a comment from a reader asserted. “He is prioritising now full time in the back office operations of JBP.”
The comment was dated March 21. A follow-up comment dated March 22 suggested the recordings had been removed for security reasons and that other information also might be removed.
“From the conference room yesterday at around 8pm Dominick got on the mic and announced it,” the post claimed. “He also said that staff members could have their pictures and information removed from the site if they wanted to and Carl as well as other staff members decided it would be best to have that information removed. He said that they are growing so fast that they could be targeted by crooks and hackers.”
But what the explanation did not reveal is why Mann’s recordings remained on the site if concern about crooks and hackers was great enough to trigger the removal of the Pearson recordings.
As often is the case in the HYIP sphere, the information was posted anonymously, meaning it could not be verified. Even so, the information is potentially disturbing in the sense that it defaults to well-known HYIP clichés such as introducing the prospect of hackers — while ignoring the potentially damning information contained in the jettisoned material as a factor in the removal decision and the obvious fact that information that remains on the site may be equally damning.
With a straight face, for example, JSS/JBP purports to pay a daily return of 2 percent and a monthly return of 60 percent.
JSS/JBP openly advertises that it pays a return of 60 percent a month on TOP of affiliate commissions totaling 15 percent over two tiers.
In 2007, when the alleged AdSurfDaily Ponzi scheme stopped making payments to members (even as its operator allegedly was making political donations with Ponzi money), ASD President Andy Bowdoin allegedly blamed the halted member payouts on script problems and “Russian” hackers who’d allegedly taken $1 million.
Bowdoin never filed a police report about the purported theft of $1 million, federal prosecutors said.
In 2008 promotional materials attributed to Mann, Mann was identified as an ASD pitchman. As the ASD prosecution moved forward, it became apparent that certain ASD members either were “sovereign citizens” or sympathizers. Some “sovereign citizens” hold extreme antigovernment views and have an irrational belief that laws do not apply to them.
In November 2011, ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming was arrested by an FBI Terrorism Task Force in Washington state on charges he had filed false liens against at least five public officials involved in the ASD case, including a federal judge, three federal prosecutors and a special agent of the U.S. Secret Service.
On Feb. 27, the PP Blog reported that a website linked to Mann included links to 11 videos concerning Francis Schaeffer Cox, a purported “sovereign citizen” under indictment in an alleged murder plot against public officials in Alaska.
One poster on the JSS/JBP-related Blog from which the “hackers” explanation was advanced had a different take on conference-call-related developments.
“Heat is also the REAL reason why Carl Pearson has moved off the conference calls,” the poster speculated.
BULLETIN:Ronald James Davenport, the Washington state “sovereign citizen” convicted in November 2011 of filing false liens for billions of dollars against four public officials, has been sentenced to 41 months in federal prison, the Justice Department said today.
Davenport was convicted of the false-liens charges during the same month AdSurfDaily figure and purported Washington state “sovereign citizen” Kenneth Wayne Leaming was accused in a separate case of filing bogus liens against five public officials involved in the ASD Ponzi case brought by the U.S. Secret Service in August 2008.
Leaming’s targets included a federal judge and three federal prosecutors in the District of Columbia and a special agent of the U.S. Secret Service, according to court filings.
Davenport, described by prosecutors as a tax defier, targeted the U.S. Attorney for the Eastern District of Washington, an assistant U.S. Attorney, an IRS agent and a court clerk with false liens, prosecutors said.
“The liens were filed in the county auditor records of Spokane and Whatcom Counties, Wash,” prosecutors said. “Each lien claimed that the victim owed Davenport $5,184,000,000. It also purported to attach all of the victim’s real and personal property as security for this debt. As proved at trial, the defendant chose these four victims because of their involvement in an effort to collect from Davenport more than $250,000 in back taxes.”
U.S. District Judge Garr M. King of Oregon sat in special designation in the Davenport case because the Washington state federal judiciary recused itself, prosecutors said.
The Justice Department’s Tax Division and the Treasury Inspector General for Tax Administration (TIGTA) prosecuted the case because the U.S. Attorney’s Office in Eastern Washington also recused itself, the Justice Department said.
“Where does JustBeenPaid get the money to pay that kind of interest?” — Caller “Michael” from “San Francisco” in March 15 JSS Tripler/JustBeenPaid conference call
“Well, first of all, JBP or JSS Tripler is a revenue-sharing program, so that means some of the money comes from new members buying positions. Then, we are in the process of developing additional income streams, so that’s relevant. And eventually the additional income streams may be sufficient to pay the 2 percent — maybe not.” — Response by Frederick Mann, purported JBP/JSS operator, to “Michael’s” question, March 15, 2012
Frederick Mann
UPDATED 7:26 P.M. EDT (U.S.A.) In yet-another bizarre conference call for JSS Tripler/JustBeenPaid, the “program’s” purported operator told listeners from the United States and Canada (and possibly from Jamaica) that JSS/JBP is paying them with money sent in by “new members.”
Using “new” money to pay “old” members is the central element of a Ponzi scheme — although Frederick Mann did not use the phrase. Still, it was the white elephant in the conference room, and Mann’s explanations during the March 15 call became increasingly complex, vague and incongruous.
Mann, for instance, declined to say where the program was operating from, repeating his practice of nondisclosure from previous calls.
What’s important, he explained, “is that our programs are not U.S.-based. We don’t have any offices in the U.S. Our servers are not in the U.S.”
The explanation caused a chuckling U.S. caller to quip, “Yeah. I agree. Somewhere out in the galaxy.”
“Yes,” Mann replied to the caller’s “galaxy” remark. The caller earlier had described himself during the March 15 call as a “financial planner” for 22 years. In a previous call, the caller said he was in “California” and had family in Iowa.
And Mann advised listeners that it was OK to call JSS/JBP an investment program when they were recruiting new members — guidance that seemed to catch even the conference-call host off-guard.
“And I know that, in the [separate conference] room, we do try to say ‘purchase’ and ‘repurchase’ as opposed to ‘invest’ and ‘reinvest,’” the female host said.
It is common for HYIP scams and their purveyors to seek to avoid the language of investments when promoting “programs” — on the errant belief that avoiding such language insulates them from prosecution.
The female host did not say why the other room was giving one set of instructions and Mann another. Regardless, internal inconsistencies are one of the hallmarks of HYIP scams, and it is well-known that wordplay designed to disguise securities fraud cannot insulate purveyors from prosecution — rather like a robber who uses a gun to snatch the purse of an 80-year-old woman cannot avoid prosecution by calling the robbery an innocent exercise in arranging a loan and insisting that the gun was a harmless piece of metal that just happened to be at the scene.
Mann, whose name appears in 2008 materials identifying him as a promoter of the alleged AdSurfDaily Ponzi scheme, said nothing about whether JSS/JBP had any securities registrations or whether promoters of the “program” were risking a legal calamity by recruiting downlines into a scheme that does not identify itself with a nation-state and whose payout corresponds to a preposterous annualized return of 730 percent .
The bank accounts of some individual ASD promoters were seized by the U.S. Secret Service in the ASD Ponzi case, according to court filings. JSS/JBP purports to pay a daily return double that of ASD.
Income Streams Are Theoretical; ‘Free’ Members Dominate JSS/JBP
The most troubling explanation — among any number of troubling explanations during the 1:11 call — was Mann’s assertion in response to a question from “Michael” of “San Francisco” about where JSS/JBP gets the money to pay a return of 2 percent a day. (The exchange is noted in the breakout quotes at the top of this story.)
Conceding that the company uses money from “new members” who buy “positions” to make the payouts, Mann simultaneously acknowledged that the “program” was “in the process” of developing new income streams and that those still-theoretical streams may be insufficient to sustain the scheme.
But the company’s “restart” feature, Mann suggested, was enough to defeat any concerns that the firm’s liabilities exceeded its assets.
“The 2 percent that the company pays is effectively a liability to the company,” Mann said. “But what the ‘restart’ makes possible is to convert some or even all of these liabilities into assets in the form of JSS positions.”
Even so, members needed “to bring in new members with new money,” Mann said. He later asserted that only “about 25 percent” of new registrants “put in money.”
“Maybe 75 percent of people do nothing,” Mann said, a problematic response because the program advertises that it provides registrants a $10 credit (described during the March 15 call as a loan) for joining and pays them interest of 20 cents a day until they realize a profit of $5 after 75 days.
When JSS/JBP debits a member’s account to recapture the purported loan, which apparently is made at an interest rate of zero percent, the company still is on the hook for the $5 due the new subscriber.
Speaking with a South African accent but using an American baseball metaphor, Mann said the lion’s share of JSS/JBP new members (about 75 percent) do nothing after enrolling
If the JSS/JBP program were baseball, Mann suggested, “The pitcher would pitch the ball, and they would watch it go by, they would just stand there.”
If Mann’s assertions are true, it means that only 25 percent of JSS/JBP’s members are propping up 100 percent of the enterprise, including the purported $5 profit due new registrants in 75 days and much larger payments due other members. Even if JSS/JBP enforces a cash-out minimum higher than $5 to prevent a flood a small redemptions, such a device leads to questions about whether the purported $10 credit is just a smaller scam within a larger scam that permits accrued liabilities to be ignored.
Much remains mysterious about JSS/JBP’s purported restarts and its in-house accounting methods. Other HYIPs have used similar devices to duck the Ponzi issue. But with its “restart” explanation, JSS/JBP may be inviting questions about whether is has introduced Enron-like accounting tricks into the morass.
Enron’s 2001 collapse revealed one of the greatest financial scandals in U.S. history. It destroyed not only the company, but also the Arthur Andersen accounting firm. (See “Enron scandal” Wikipedia entry.)
Is JSS/JBP a miniature Enron-in-waiting?
Among the callers who asked questions during the call was a JSS/JBP member who described himself as “Earl,” a 79-year-old man interested in leaving money for his daughter.
Also on the line was a man who suggested he hailed from Jamaica and wanted to start a JSS/JBP account for a “nonprofit, for a school that I have, that I attended in Jamaica.”
Other callers identified themselves as residents of the Canadian provinces of British Columbia and Alberta and the U.S. states of California, South Dakota, Texas, Georgia, Missouri and Louisiana.
One caller asked Mann why electronic payments from JSS/JBP came from “Michael” at a BigBooster.com email address, not an email address associated with the JSS/JBP domains.
“Michael is a business partner, and he handles some of the finances,” Mann said. He did not identify “Michael” by a last name.
Mann also advised callers that JSS/JBP had two representatives in Italy, but did not speak to the JSS/JBP-related probe involving the program’s affiliates announced by the Italian securities regular CONSOB in January.
One caller informed Mann that his downline recruits has put in “substantial” sums. Another complained that his account had been debited weeks in advance of the anticipated debit. Another complained that the website was unattractive to potential recruits and looked like a scam. Yet another fretted that the site appeared to lack a secure connection (https). Still another complained that his “matrices” did not appear to be cycling properly.
HYIPs are infamous for creating one set of expectations and then changing the rules at midstream. They’re also infamous for their convoluted explanations and fuzzy — if not downright impossible — math.
Like ASD’s Andy Bowdoin — now under indictment amid charges that he orchestrated an international Ponzi scheme that had gathered at least $110 million — Mann has been accorded the description of “genius” in promotions for the program.
This ad for a purported Thailand escort service appears today in the United States on AdLandPro, a site whose operator is threatening a class-action lawsuit against RealScam.com, an antiscam forum. The PP Blog captured this screen shot today and edited it to remove the images of EIGHT AdLandPro members whose photographs were displayed in the left sidebar and created the appearance that the AdLandPro members also were members of (or approved of) the escort service. When the Blog reloaded the ad, the page displayed the images of EIGHT other AdLandPro members. A third reload served up an image of an entire family, including three young children who appear to reside in the South Central United States.
In November 2011, the PP Blog reported that Bogdan Fiedur of AdLandPro had threatened antiscam site RealScam.com with litigation. The bid to chill RealScam in the age of international mass-marketing fraud featured the registration of a domain styled RealScamClassActionSuit.com.
With Fiedur trolling for suckers and hoping to make his intellectual dishonesty go viral, RealScam did not buckle at his obvious bid to chill it.
Good for you, RealScam!
It’s hard to condense all the AdLandPro absurdities that followed over the next several weeks, but we’ll summarize them as such: A sampling of Stepfordian shills and mindless apologists stepped up to the plate for Fiedur, “fake” law students purportedly from a major American university entered the fray to add to the bid to chill — and the matter devolved into Threatre of the Absurd in that Internet-only sort of way.
By the end of December, the chill bid appeared to end: Content on the purported class-action site went missing, and the site began to resolve to an AdLandPro page.
We would be remiss if we did not point out that, in addition to being solicited to register for HYIP scams such as AdSurfDaily, Finanzas Forex and JSS Tripler/JustBeenPaid (730 percent a year) by purported “Christians” on AdLandPro over the past few years, American visitors (and others) also were solicited for cross-border sales of pharmaceuticals.
If drugs weren’t on their purchase list, AdLandPro visitors were told how to find used underwear and arrange — umm, how should we put this? — the temporary services of scantily clad women in various nations from India eastward after demonstrating a way to pay?
At least some of the risqué ads have gone missing, but their URLs remain. When they’re clicked, they resolve to pages that show the faces of AdLandPro members who had nothing to do with the placing of the ads. Did we mention that AdLandPro purports to be a great guardian of privacy and the interest of its members?
And did we mention that not all of the risqué ads have gone missing — and that, when they’re clicked, they load images of AdLandPro members who had nothing to do with placing the ads and that AdLandPro wants members to believe it was a sort of Facebook before Facebook became the craze?
“The most exclusive, classic and attractive companions in Bangkok are here waiting to join you, at your hotel, apartment, or villa,” one ad on AdLandPro reads today. “All our princesses are hand picked by our management for their beauty, demeanour and friendly attitude.”
The ad is on the “community” subdomain of the AdLandPro.domain. When the PP Blog viewed the ad earlier today, the photographs of EIGHT AdLandPro members showed up in a sidebar only inches to the left. The headline above the sidebar read, “Our Members.” Less than an inch away, a photo of a presumptive “escort” wearing a pink-lace bra and a pink-lace wrap over her genital area appeared. The photo appeared to display two red telephones, with the woman posing seductively on what appeared to be a bed or mat.
When the PP Blog reloaded the page, the images of eight different AdLandPro members were displayed. A third reload resulted in the display of images of an AdLandPro family whose matriarch identified herself in her AdLandPro profile as a mother and grandmother from the South Central United States.
Two adults in the photo were holding young children, one of whom appeared to be an infant. A third child also appeared in the photo. Below that photo, the full-face image of a lone AdLandPro member — a woman — appeared. Below the woman’s photo, an ad for “OneX” appeared.
OneX is a program accused Ponzi schemer Andy Bowdoin of AdSurfDaily said he was using to raise funds to pay for his criminal defense.
“I believe that God has brought us OneX to provide the necessary funds to win this case,” Bowdoin said in an October 2011 pitch.
So, if you’re an AdLandPro member and had nothing whatsoever to do with the placement of the escort ad and do not endorse Thailand “princesses” purportedly “hand picked by . . . management,” say, because you oppose human trafficking and the sexual exploitation of women, AdLandPro is making it appear as though you’re on board the Thailand escort train.
A link prompt below the photos of the eight AdLandPro members reads, “See All 185753 Members.” The URL points to the AdLandPro membership directory.
By coincidence, the U.S. Department of Justice announced today that Marcus Choice Williams, 36, of Fort Worth, Texas, was sentenced to 30 years in federal prison followed by 30 years of supervised release for various felony offenses related to a conspiracy to traffic women for prostitution.
“The court’s sentence clearly reflects the seriousness of these awful sex trafficking crimes,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The victims suffered physical assaults, sexual abuse and daily degradation all because of this defendant’s greed and callous disregard for them as individuals. We are committed to prosecuting sex traffickers and vindicating victims’ rights, as they were vindicated today.”
Williams, prosecutors said, operated “adult escort web sites” as part of a human-trafficking scheme that also included money-laundering.
He “recruited vulnerable women, specifically single mothers from troubled backgrounds, and, in some cases used a combination of deception, fraud, coercion, threats and physical violence to compel the women to engage in prostitution, requiring each young woman to secure a daily quota of money, and if operating out of town, to wire the funds to him,” prosecutors said.
Crazier By The Moment
Just when one began to believe that AdLandPro had abandoned its absurd litigation threat against RealScam, guess what’s back? (You’d be right if you guessed the class-action site.)
And if ads on AdLandPro from “Christian” HYIP peddlers and purveyors of used underwear and illegal, cross-border pharmaceutical sales (after Google had agreed in August 2011 to pay the United States $500 million to settle claims of illegal cross-border solicitations for pharmaceuticals) were not enough, Fiedur’s purported class-action site is quoting a notorious YouTube cyberstalker and raunchy Internet gadfly, positioning him as an authoritative critic of RealScam.com.
It’s enough to make decent people from all corners of the world cringe as they contemplate whether intellectual corruption as practiced on the web has gained the upper hand.
WordPress suspended this JSS Tripler/JustBeenPaid affiliate Blog earlier today. Google had indexed a post on the site only hours earlier.
UPDATED 12:20 P.M. ET (U.S.A.) Within six hours of Google indexing (earlier today) a JSS Tripler/JustBeenPaid affiliate Blog using WordPress as a free platform from which to attract investors, Word Press caused the post to disappear.
Kudos to WordPress!
Visitors to the Blog URL of dailyrevenueresourcegroup.wordpress.com now see a message that the Blog “has been archived or suspended for a violation” of the WordPress Terms of Service.
The keyword title of the post, which now cannot be seen, was “How To Invest In JustBeenPaid.” The title ended with an exclamation point.
The post appeared to be a reposting of companion JSS/JBP-related content that appeared on Blogger, yet another free Blogging platform. The Blogger post remains active.
Amid claims that JSS/JBP’s advertised daily payout rate of 2 percent “is not a bad rate,” the now-missing WordPress post asked investors to compare JSS/JBP to a bank and planted the seed that prospects should choose the absurd program over the bank.
“Look at the banks [sic] they are only offering you .05-1% apr on yearly basis for savings accounts,” the now-missing WordPress post claimed.
In its introduction, the now-missing post claimed, “In this article it is my intent to help those that are unsure of how JustBeenPaid works and how to invest in it.”
Despite the WordPress ban, the same phrasing continues to appear on the Blogger site at Blogsport.com — along with at least three JSS/JBP affiliate links. The Blogger post is dated today.
It is common for promoters of highly questionable “opportunities” and even outright scams to rely on free hosting services in bids to recruit new affiliates and “earn” downline commissions.
Claims about JSS/JBP have been under investigation by CONSOB, the Italian securities regulator, since at least Jan. 23.
JSS/JBP does not disclose where it operates from. The scheme’s preposterous purported daily payout rate of 2 percent is double that of AdSurfDaily, which the U.S. Secret Service described in 2008 as an international Ponzi scheme that had gathered tens of millions of dollars.
Frederick Mann, JSS/JBP’s purported operator, described himself in 2008 promos as an ASD pitchman. In December 2010, ASD President Andy Bowdoin was indicted on charges of wire fraud, securities fraud and selling unregistered securities.
JSS/JBP has no known securities registrations. The “program” operates in an MLM-like fashion in which prospects are told they’ll receive a return of 60 percent a month for their “positions” — on top of two-tier affiliate commissions totaling 15 percent for recruiting prospects who send money to the company via offshore payment processors.
Among other things, the Terms for JSS/JBP makes members affirm they are not government spies or media lackeys.
An ad banner accompanying the still-active Blogger post solicits prospects to “Start collecting Unlimited $15 payments Straight to your Alertpay account.” When the banner is clicked, it lands on a JBP affiliate page that asserts, “Quickly Get CLEVER[.] GET PAID FOREVER!”
“[F]raudulent commercial schemes are not noted for their internal consistency.” — Professor James E. Byrne, consultant to FBI and Scotland Yard (among others) and HYIP expert hired by U.S. government to assess the alleged Pathway To Prosperity scheme in 2010
Frederick Mann
In a bizarre conference call for the JSS Tripler/JustBeenPaid “program,” a caller who identified himself as a former AdSurfDaily member raised the issue of the ASD Ponzi scheme case brought by the U.S. Secret Service in 2008, questioning whether JSS/JBP was safe from regulatory scrutiny or “getting too big and drawing certain attention.”
The implication of the remark was that the attention of the U.S. government would be unwanted.
With listeners identifying themselves as U.S.-based members of JSS/JBP on the line, Frederick Mann suggested that his purported program was outside the reach of U.S. law enforcement.
“Just Been Paid is not based in the U.S.,” Mann replied to the caller, after the female host of the call had paraphrased the caller’s query to Mann. The host paraphrased the question because Mann said he didn’t catch it the first time around.
” . . . [H]e was making reference to AdSurfDaily and that they were closed down, and he wants to know what we have in place to protect Just BeenPaid for it not to happen like AdSurfDaily,” the host said to Mann.
“Just Been Paid is not based in the U.S., and our servers are not in the U.S.,” Mann replied. “We don’t have an office in the U.S.”
But Mann’s answer did not speak to costly civil and criminal litigation that could ensue against JSS/JBP’s U.S.-based members, all of whom are using wires that run through the United States to participate in the purported program and some of whom are using U.S. wires to recruit downline members. Nor did the answer speak to actions the United States could take against JSS/JBP itself.
In 2008, marketing materials identified Mann as an ASD promoter. In January 2012, the Italian securities regulator CONSOB announced a JSS/JBP-related probe and issued a 90-day suspension order. JSS/JBP purports to pay out at a daily rate of 2 percent, double that of ASD. On an annualized basis, the payout rate of JSS/JBP corresponds to a return that is between 48 and 73 times the typical rates that put Bernard Madoff in prison for 150 years. ASD President Andy Bowdoin was indicted on Ponzi scheme charges in December 2010.
Bowdoin specifically was accused of wire fraud, securities fraud and selling unregistered securities. The U.S. Secret Service seized 10 of his personal bank accounts in August 2008, amid Ponzi allegations. Other court filings that became public in 2010 showed that the Secret Service also had seized bank accounts linked to some individual ASD promoters.
Mann previously has declined to identify JSS/JBP with a nation-state, meaning investors do not know where the “program” is operating from. JSS/JBP has no known securities registrations, and its U.S. affiliates very well could be selling unregistered securities to U.S. citizens via wire while at once implicating themselves and their recruits in a Ponzi scheme that is trying to disguise itself as a legitimate business.
Even if it is presumed to be true that the United States could not act against the company itself — and that’s a big “if” because U.S. law enforcement has a number of options should it choose to exercise them — U.S.-based affiliates of the “program” likely are running afoul of any number of civil and criminal statutes.
Internal Inconsistencies
In 2010, Professor James E. Byrne — who has consulted with the FBI and Scotland Yard and was hired by the United States to offer an expert opinion on the Pathway To Prosperity (P2P) HYIP scheme — observed that “fraudulent commercial schemes are not noted for their internal consistency” and that materials he examined in the P2P case displayed such inconsistencies.
After a probe by the U.S. Postal Inspection Service, P2P operator Nicholas Smirnow was charged criminally and accused of running an international financial scam. The purported return rate of JSS/JBP is somewhat on par with the rates of the alleged Smirnow/P2P HYIP scheme.
Internal inconsistencies were on full display during the March 8 JSS/JBP call featuring Mann.
As one example, a caller who identified himself as “John” and appeared to be speaking in U.S. English asked Mann for some specifics about the program, voicing that he was confused.
“All your marketing material — your website and now this conference call — has confused me more than anything I’ve ever heard in my life,” John said.
“You don’t have any answers for the [gentlemen] that have asked questions,” John said.
Mann suggested that John “submit a help request.”
Apparently growing agitated and increasingly confused, John shot back, “I submit that I just would like to have a straight answer.”
Mann again pointed John to the company’s web-based explanations and resources.
“The basic approach” to JSS/JBP, Mann explained, is to “find one thing that you understand and then find another thing that you understand, and that way you keep on finding things that you can understand.”
Unmoved by Mann’s response, John shot back, “I have two master’s degrees and I’m telling you that I do not understand it.”
John was the seventh caller to have asked Mann questions during the March 8 call. An eighth caller then came on the line. He identified himself as “Rick” (or by a name that sounded like Rick), saying he was from “California.” (Note: Garbling during the recorded call sometimes made it difficult to hear a name clearly.)
Rick questioned whether callers such as John should be asking Mann such “basic” questions, asserting that Rick, unlike John, had no master’s degree but nevertheless understood the program.
At that point, Mann observed that online money-making programs may have a “bigger learning curve.”
After Rick exited the line, a caller who identified himself as “Michael” from “San Francisco” stepped up to the plate for Mann and JSS/JBP.
Michael asserted that, like John, he has a “master’s degree,” adding that “I have lots of degrees” but noting that his academic pedigree was “really not applicable to online money-making.”
As guidance, Michael suggested that JSS/JBP promoters sign up for “all” of the payment processors used by the program — but Michael did not tell listeners that all of the processors with which JSS/JBP has associated itself are operating offshore (from a U.S. standpoint), are known to be friendly to fraud schemes and may deny customers U.S. consumer protections.
More Internal Inconsistencies
Other examples of internal inconsistencies presented themselves during the call, a recording of which was about 48 minutes in length.
One caller who identified himself as residing in “Florida” asked Mann about the importance of the “patent” claim on JBP’s website.
Mann initially replied that the “patent” claim is “not important at all.”
The response, however, gives rise to questions about why JSS/JBP even would mention a patent if it was “not important at all,” particularly since the “program” had altered the patent claim over time.
Prior to a website alteration that appears to have occurred last month, JSS/JBP made this specious claim: “JustBeenPaid! (JBP) and its related programs, including JSS-Tripler, are licensed under United States Patent 6,578,010.”
Those words were changed to read, “JustBeenPaid! (JBP) and its related programs operate in accordance with United States Patent 6,578,010 (now public domain).”
After reflecting on the caller’s patent question, Mann said this, “In any case, the patent is public domain. It doesn’t actually protect anything. But what is relevant about it is that a patent that covers some of what we do was issued and was approved by a government agency.”
In the United States, patents are issued by the U.S. Patent and Trademark Office, a government entity. The office is not the nation’s securities regulator.
It is common for scammers to try to associate a scheme with the government as a means of planting the seed that the government has full knowledge of the “program” and has endorsed it. The ASD scheme, for example, traded on the name of the President of the United States — something that caught the attention of the U.S. Secret Service, which has the twin duties of guarding the President’s life and protecting the U.S. financial system from criminals.
Callers also expressed confusion about “commission” payments from JSS/JBP and raised questions about an emerging JSS/JBP “Platinum” program that would accompany an existing “Premium” program through which some earlier members had paid higher fees believing they would “cycle” faster and make more money.
Based on comments made during the call, it appears as though the “Platinum” program is priced higher than the “Premium” program — and members are concerned that their earlier “Premium” purchases would be for naught if new “Platinum” purchasers effectively could pay more money to cut in line and “cycle” faster than them.
From WSPA: An agent returns inside to cart out another box at the headquarters of Atlantic Bullion and Coin Inc. in Easley, S.C.
UPDATED 7:31 A.M. ET (U.S.A., MARCH 17) State officials in South Carolina say Ronnie Gene Wilson and Atlantic Bullion and Coin Inc. were running a “precious metals” Ponzi scheme that gathered about $70 million from “numerous” investors in 25 states over the past three years.
After dark Thursday, the U.S. Secret Service was seen carting boxes out of the Easley, S.C., office of Atlantic Bullion. The scene was reminiscent of the earliest hours of the AdSurfDaily Ponzi case, which began as a civil probe by the Secret Service in August 2008 and eventually led to criminal charges against ASD President Andy Bowdoin of Quincy, Fla.
Like Bowdoin — once a councilman in Perry, Fla. — Wilson once was a councilman in Anderson County, S.C. The initial filings in the Wilson case suggest that he’d previously been on the radar of law enforcement for a scheme in the 1990s that led to a cease-and-desist order. Bowdoin also was implicated in a securities scheme in the 1990s, according to records.
South Carolina Attorney General Alan Wilson has filed a civil complaint in the Richland County Court of Common Pleas against Ronnie Gene Wilson.
Among the allegations is that Ronnie Gene Wilson “made false or misleading statements to investigators from the Securities Division, including statements regarding the quantity of silver that the defendants actually took possession of and held for clients,” authorities said.
“Investors must be wary of those looking to defraud and deceive,” Attorney General Wilson said. “The Securities Division will continue to watch for unscrupulous individuals and businesses looking to take advantage hard working investors.”
“The Government has provided over 2742 pages of discovery consisting of: liens, police reports, [Bureau of Prisons] records, pictures, surveillance photos, internet search records, audio subpoenas and over 1000 pages of documents seized.” — From March 5 court order in false-liens case involving accused AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming and former Leaming business associate David Carroll Stephenson
Kenneth Wayne Leaming
If the scheduling holds, accused AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming will go on trial in the Western District of Washington on Sept. 17 with his former business colleague David Carroll Stephenson, one week before ASD President Andy Bowdoin is set to go on trial in the District of Columbia in a Ponzi scheme case involving at least $110 million.
Leaming, 56, of Spanaway, Wash., is accused of filing false liens against at least five public officials involved in the ASD case, including a federal judge, three federal prosecutors and a special agent of the U.S. Secret Service. In addition, he is charged with being a participant with 56-year-old Stephenson, a federal inmate in a fraud case, in a scheme to file false liens against at least two federal prison officials.
At the same time, Leaming is charged with concealing two federal fugitives involved in an Arkansas-based, home-business fraud scheme involving millions of dollars, being a felon in possession of firearms and uttering a false “Bonded Promissory Note” with a purported face value of $1 million.
The docket of U.S. District Judge Ronald B. Leighton of the Western District of Washington now shows a trial date of Sept. 17 for both Leaming and Stephenson.
Leaming, who has a 2005 felony conviction for piloting an aircraft without a valid pilot’s certificate, originally was scheduled to go on trial March 20. That trial date was rescheduled for April 2 after a superseding indictment was returned against Leaming after his initial arrest on a criminal complaint in November 2011 — and now has been moved to September to give Leaming and Stephenson more time to prepare, according to court filings.
Bowdoin, 77, was indicted in 2010 on charges of wire fraud, securities fraud and selling unregistered securities. In August 2008, the U.S. Secret Service seized tens of millions of dollars from 10 of his personal bank accounts, amid allegations that Bowdoin was presiding over an international Ponzi scheme operating over the Internet.
Both of the Arkansas fugitives allegedly found with Leaming in Washingston state also are purported “sovereign citizens.” They were identified as Timothy Shawn Donavan, 64, and Sharon Jeannette Henningsen, 67. Donavan currently is detained in Oklahoma, and Henningsen is detained in Texas, according to records.
Leaming and Stephenson both are detained near Seattle.
As was the case with the original court filings in the 2008 civil action that led to the criminal prosecution of Bowdoin, investigators have produced surveillance photos pertaining to the Leaming and Stephenson prosecutions.
Records suggest that Leaming came under surveillance in Washington state by an FBI Terrorism Task Force by at least August 2011.
In addition to the surveillance photos, the government also has produced, liens, police records, unspecified “pictures,” prison records, Internet search records, “audio subpoenas” and “over 1000 pages of documents seized,” according to court filings.
All in all, according to the filings, the government has produced at least 2,742 pages of discovery in the Leaming and Stephenson cases.
Leaming has asserted he is proceeding to trial under “duress.”
In March 2009 — while the ASD Ponzi case was still a civil matter — Bowdoin claimed a January 2009 decision he made to submit to the forfeiture and stop pressing claims for the money seized from his bank accounts was made under “severe duress.”
He made the claim while acting as his own attorney, and further claimed that his decision to relitigate the case after earlier abandoning his claims was “legally accomplished as a matter of law” simply because he had filed papers saying so.
A month later — in April 2009 — federal prosecutors made a bombshell announcement in court that, prior to submitting to the forfeiture and dropping his claims to the seized cash, Bowdoin had signed a proffer letter and acknowledged the government’s material allegations were all true.
In September 2009, prosecutors said Bowdoin was telling ASD members one story — while telling a federal judge another.
Final orders of forfeiture were entered in the ASD civil case in January 2010. Bowdoin appealed, but lost in March 2011.
In the earliest days and weeks after the August 2008 seizure, some ASD members — ignoring the lessons of history — began to promote other schemes that advertised preposterous payouts, claiming they were safe because they were “offshore.”
One current HYIP scheme is JSS Tripler/JustBeenPaid, whose advertised daily payout rate is 2 percent — twice that of ASD. Frederick Mann, the purported operator of JSS Tripler/JustBeenPaid, identified himself as an ASD pitchman in 2008 web promos three months before the Secret Service raid on ASD headquarters in Quincy, Fla.
In a Feb. 23, 2012, conference call, Mann declined to say precisely where JSS Tripler/JustBeenPaid was operating from. On Feb. 27, the PP Blog reported that a site linked to Mann featured videos of Francis Schaeffer Cox, a purported “sovereign citizen” implicated in an alleged murder plot against public officials in Alaska.
On Feb. 29, the PP Blog received threatening communications from an individual describing himself as “MoneyMakingBrain.” Among other things, “MoneyMakingBrain” claimed he’d defend Mann “so help me God.”
On March 12, the PP Blog reported that “MoneyMakingBrain” had asserted the Blog would “go down in flames.”
On Feb. 18 — at RealScam.com, a forum that educates the public about mass-marketing fraud — “MoneyMakingBrain” published a link to the Mann-associated site that beams the Cox videos. It is unclear if “MoneyMakingBrain” understood that Cox was under arrest on serious criminal charges and is identified with the “sovereign citizen movement.”
NOTE: The PP Blog believes it is ill-advised to click on any link left by “MoneyMakingBrain” at RealScam.com.
One of the surveillance photos in the ASD Ponzi case: Source: Court files.
BULLETIN:Philip Lochmiller Sr., the Colorado recidivist securities huckster and Ponzi schemer whose case drew comparisons to the AdSurfDaily Ponzi case for a lack of key disclosures to investors, has been sentenced to 405 months in federal prison and ordered to pay restitution of $18.6 million.
The term amounts to nearly 34 years. Lochmiller is 64. He was taken into custody immediately by the U.S. Marshals Service upon his sentencing, federal prosecutors said.
U.S. District Judge Philip A. Brimmer presided over the case.
“Make no mistake,” said U.S. Attorney John Walsh of the District of Colorado. “Today’s sentence, which amounts to a life sentence, demonstrates that those who rob with the pen and the computer cannot evade the painful consequences of their crimes. Although this sentence can’t by itself undo the damage suffered by the many victims of this fraudulent scheme, justice was done.”
All in all, the scheme attracted more than $30 million and affected more than 400 investors, prosecutors said.
“Today’s sentencing provides 403 citizens victimized by Philip Lochmiller Sr some justice for the devastating financial losses he caused with deceit and misrepresentations,” said James Yacone, FBI special agent in charge.
Added Sean Sowards, special agent in charge of the IRS Criminal Investigation Unit in Denver: “IRS Criminal Investigation will work with our law enforcement partners to vigorously pursue and hold accountable those who perpetrate these schemes to get rich quick at the expense of honest Americans.”
Lochmiller’s stepson — Philip Lochmiller Jr. — also was implicated in the scheme. So was Shawnee Carver, an employee of Valley Investments, a company linked to Lochmiller’s Valley Mortgage Inc. entity.
Lochmiller Jr. earlier was sentenced to eight years and ordered to pay $18.6 million in restitution. Carver was sentenced to two years and ordered to pay $2.5 million in restitution.
Lochmiller and two members of his family were sentenced to prison for their roles in a California securities swindle in the 1980s, according to records. The 1980s scheme operated in the Greater San Diego area and resulted in 1,600 investors being bilked out of a total of $5 million.
Investors in Lochmiller’s most recent scheme were not told about his previous felony conviction, prosecutors said. Nor were they told about a bankruptcy filing.
Like Lochmiller, ASD’s Andy Bowdoin shielded investors from knowing he had been implicated in an Alabama securities swindle in the 1990s and had pleaded guilty to a felony, according to court filings.
At the same time, ASD investors were denied information that Clarence Busby, a key Bowdoin business associate, had declared bankruptcy and had been implicated by the SEC in three prime-bank swindles in the 1990s, according to records.
U.S. District Judge Cecilia M. Altonaga of the Southern District of Florida has dismissed a lawsuit by AdSurfDaily members Dwight Owen Schweitzer and Todd Disner against Rust Consulting Inc., the government-approved claims administrator in the civil portion of the ASD Ponzi case.
