Here is an imponderable: Is there any ceiling to the absurdities in the HYIP sphere and the destructive force it exercises around the web?
On Wednesday, the PP Blog received repeated spams from U.S.-based IPs. The spammer used the handle “invest liberty reserve” and targeted two threads, including this one about JSS Tripler 2, a purported “program” that purportedly based its name on JSS Tripler. JSS Tripler is a purported element of JustBeenPaid, an “opportunity” purportedly operated by Frederick Mann that claims it pays a return of 60 percent a month.
Liberty Reserve is an “offshore” payment processor favored by HYIP schemes, including JSS Tripler/JustBeenPaid. Wednesday’s spam bids used purported email addresses at AOL and Hotmail.
One of the Wednesday spams featured a graphic swiped from PonziNews, once a sister site to the PP Blog. The spammer attempted to use the stolen graphic in his posting bid on the PP Blog.
It was not the first time the Blog’s graphics had been used in a nefarious way online. On Dec. 12, 2010 — in commemoration of its 1,000th post — the PP Blog recounted a July 2010 story that its Breaking News graphic had been swiped and placed inside a promotion for Data Network Affiliates.
DNA was a scam associated with huckster Phil Piccolo. The “opportunity” traded on the names of Oprah Winfrey and Donald Trump and advertised a nonexistent cell-phone plan of unlimited talk and text for $10 a month, an offshore “resorts” scheme and a “mortgage-reduction” scheme — all while tying itself to Christianity, the U.S. AMBER Alert system of locating abducted children and a purported bid to end world poverty.
It’s worth noting that some JSS Tripler/JustBeenPaid promoters also traded on Winfrey’s name.
In the same December 2010 commemoration post, the Blog reported that Janet Napolitano, the secretary of the U.S. Department of Homeland Security, had been called names that would peel paint when DHS announced that Walmart had joined the “If you see something, say something” terrorism-awareness campaign. Meanwhile, the Blog reported that some online-fraud schemes had evolved to victimize participants by the tens of thousands — numbers America’s largest sports stadiums could not accommodate.
The PP Blog no longer owns the PonziNews domain. The Blog suspended publication of the site in 2010, after thieves who used international IPs stole the domain’s content verbatim and posted it on other sites they controlled that had a higher Page Rank than Ponzi News.
In short, the net effect of the theft was that the PP Blog was being used to create “free” content for thieves who intercepted the traffic of PonziNews. Such piracy schemes are hurting the publishing industry.
In a separate spam bid on Wednesday, a would-be poster suggesting he represented an HYIP ranking site targeted this PP Blog thread on strange claims associated with “MoneyMakingBrain” in the context of JSS Tripler/JustBeenPaid.
The would-be poster purporting to represent the HYIP ranking site complained that the Blog had used the term “HYIP” in the linked story above “21 times” without explaining the meaning of the term.
“Nice writing job!” the would-be poster jabbed. He provided no comment on the substance of the story.
On RealScam.com yesterday, “MoneyMakingBrain” — who’d emailed threats repeatedly to the PP Blog on Feb. 29 — described the Blog as a “BIG idiot,” a “chicken,” a “deceptive unethical lowlife,” the user of “NONFACTUAL” sources and other names.
Because of the emailed threats and “MoneyMakingBrain’s” subsequent ban from the PP Blog, the Blog will not engage with MoneyMakingBrain on RealScam.com, an antiscam forum that concerns itself with mass-marketing fraud and occasionally has been subjected itself to threats and menacing communications.
“MoneyMakingBrain” has advanced various conspiracy theories about RealScam.com, the PP Blog and and some of their common posters.
What he has not done is explain what his purported “due diligence” into the JSS Tripler/JustBeenPaid “program” entailed or how purported operator Frederick Mann could pay an annualized return between 48 and 73 times higher than the purported “returns” of Bernard Madoff.
Yesterday on RealScam, “MoneyMakingBrain” asserted that he has “recently read [about the PP Blog] on some scams forum, that he is a very deceptive reporter, well, that doesn’t surprise the MMB at all.”
It is possible that “MoneyMakingBrain” is referring to this September 2009 thread on Scam.com. The thread was started by a PP Blog poster known as “little joe” who’d been banned for harassment. The poster, who later was banned from Scam.com, claimed the PP Blog would be “scrambling to put out fires” from multiple IPs.
The threats and intimidation campaign from “little joe” began after the summer 2009 collapses of AdViewGlobal (AVG) and Ad-Ventures4U (ADV4U), both of which claimed an ability to provide preposterous returns in the wake of the government seizure of tens of millions of dollars in the AdSurfDaily Ponzi case.
Frederick Mann, the purported operator of JSS Tripler/JustBeenPaid, has described himself as a promoter for both ASD and ADV4U.
On Aug. 18, 2009, antiscam commentators on the PP Blog were called “idiots” and the PP Blog itself was asked by an ADV4U promoter whether the author was a “fag.” After launching his ad hominem attacks against the PP Blog and its posters, the ADv4U pitchman asserted he was a longtime businessman and that criticism about ADV4U on the PP Blog was about “as unprofessional as it gets people.”
“I’m out of here.You bunch of idiots make me sick!!!” the poster railed.
Less than a year later — in May 2010 — Professor James Byrne, an expert hired by the U.S. government to assess the alleged HYIP Ponzi scheme of Nicholas Smirnow of Pathway To Prosperity — observed that HYIPs were not “noted for their internal consistency.”
One of the inconsistencies that became part of the ADV4U story was the assertion by the “defender” that he was a longtime, professional businessman — while the same “defender” asked the PP Blog if he was a “fag” and declared ADV4U critics who questioned a purported payout rate of 1 percent a day “idiots.”
Both assertions occurred a year after the U.S. Secret Service brought Ponzi allegations against ASD, whose payout scheme was similar to ADV4U’s.
Dwight Owen Schweitzer and Todd Disner — the two AdSurfDaily members from Miami who filed suit against the Justice Department and Rust Consulting Inc. in November 2011 — never filed remissions-claims forms, Rust said in a motion to dismiss the complaint.
And Schweitzer and Disner are “impermissibly” seeking to relitigate the forfeiture action against tens of millions of dollars in the personal bank accounts of ASD President Andy Bowdoin before a federal judge in Florida, Rust asserted.
The original civil case was brought by federal prosecutors in the District of Columbia and decided against Bowdoin/ASD by a federal judge in the District of Columbia.
But Disner and Schweitzer now are seeking a Florida venue to “avoid or evade the earlier judgment in the Seizure Action, or to deny its force or effect,” Rust argued in its dismissal motion.
The Florida court “lacks subject matter jurisdiction,” Rust argued. But even if the court concluded that it could preside over the the lawsuit, Schweitzer and Disner have not stated “a claim upon which relief can be granted against RUST, on the grounds that it constitutes an impermissible attack on the orders, rulings, and judgment rendered in the Seizure Action.”
“Plaintiffs are effectively seeking to re-litigate the Seizure Action in this case,” Rust argued. “Their material allegations and demands for relief center on their desire for this Court to determine whether the USA presented sufficient evidence in the Seizure Action to justify the seizure and confiscation of property held by ASD, including and in particular Plaintiff’s alleged property . . . In other words, in this action Plaintiffs seek to challenge the court’s decisions rendered in the Seizure Action. This is impermissible.”
Moreover, Rust argued, “it cannot be ignored that Plaintiffs admit they were afforded means in the Seizure Action to submit claims for their alleged property, but elected not to do so.”
In bringing their case in November, Schweitzer and Disner claimed an affidavit filed in the forfeiture case by the U.S. Secret Service in the District of Columbia was flawed and that the government hired Rust to implement a remissions program “designed to collect evidence and coerced admissions from the plaintiffs to be used by the government” at the criminal trial of ASD President Andy Bowdoin.
Disner and Schweitzer also took issue with government agents joining ASD prior to the August 2008 seizure and allegedly violating the ASD membership agreement, including an undercover agent who placed his undercover “MySpace” page in ASD’s advertising rotator. In 2008, the government alleged that “ASD did not require, or even verify that the agent “had any product or service to sell.”
Had the agents “lived up to the obligations they took on by becoming members of ASD they should have reported their own violations of the ASD terms of service with the result that the sites they foisted upon ASD would have been removed and the benefits to them as advertisers’ would be forfeited as the ASD rules mandated,” Disner and Schweitzer argued.
As of yesterday, the government had not responded to the lawsuit, which was brought by Schweitzer and Disner in the form of a complaint for declaratory relief that alleged Constitutional violations.
Whether Schweitzer and Disner properly served the government in the case is an issue.
U.S. District Judge Cecilia M. Altonaga has given them an extension of five days — from March 7 to March 12 — to demonstrate the government has been properly served.
If Schweitzer and Disner have properly served the government, it is possible that the Justice Department may move for dismissal on grounds similar to the grounds cited by Rust.
Not only were final orders of forfeiture entered by U.S. District Judge Rosemary Collyer in the District of Columbia, her orders were upheld by the U.S. Court of Appeals months before Schweitzer and Disner turned to the Florida federal court.
In September 2011 — weeks before Schweitzer and Disner brought their complaint — the government returned about $55 million to ASD members who demonstrated a loss through the remissions process administered by Rust.
When the government announced the return of the money, the U.S. Secret Service described ASD as a “criminal enterprise.”
In their complaint, however, Schweitzer and Disner argued that ASD was a profitable venture, in stark contrast to assertions by the government that ASD was insolvent because it created a liability of $1.25 for each dollar it took in through the sale of purported “advertising.”
“There is a line between First Amendment Rights vs. Libel here. So, when does your right to form an opinion begins (sic) and when does it constitute a defamation of character? The answer is, law enforcement agencies don’t pay attention to what’s being said on forums and blogs, so get your head straight and feet firm on the ground.” — “MoneyMakingBrain,” in March 4, 2012, post on RealScam.com
As previously reported on the PP Blog, a JSS Tripler/JustBeenPaid “defender” known as “MoneyMakingBrain” (MMB) has emailed threats to the PP Blog, hatched bizarre conspiracy theories here and at RealScam.com and planted the seed that he was someone to fear.
The email threats were received after MMB claimed Feb. 18 on RealScam he had performed “due diligence” on JSS Tripler/JustBeenPaid. On a website known as “ReviewOPedia,” a poster with the same handle offered this on Feb. 14, in the context of JSS Tripler/JustBeenPaid:
“They are for real! ”
Within the same Feb. 14 ReviewOPedia post, MoneyMakingBrain ventured this (italics added):
“BTW, everybody should check out the JBP live support chatroom which has over 160 people at any given time and is live 24/7. You can ask all the questions you can come up with and there is always moderator. Who does that? I’m sold already. So, if someone here claims that they ‘didn’t get paid’, either they still don’t understand how the matrix works or they’re just internet trolls.”
Whether the “MoneyMakingBrain” on the PP Blog and the “MoneyMakingBrain” on ReviewOPedia are one and the same is unknown to the PP Blog.
Precisely why the MMB known to the PP Blog and RealScam.com has been trying to chill specific individuals and antiscam forums is unclear. What is known is that what he’s doing is hardly unique.
Lessons Of HYIP History Ignored
While asserting that he knows the PP Blog’s IP address and posting location, MMB now is making a claim on RealScam, a forum that concerns itself with international mass-marketing fraud, that “law enforcement agencies don’t pay attention to what’s being said on forums and blogs.”
That claim is contrary to the public record, which shows that any number of agencies, self-regulatory bodies and private attorneys have been noting for years that HYIP schemes are proliferating on the Internet and being spread by posters on forums and social-networking sites. It also ignores the reality — also a matter of public record — that law-enforcement has a history of filing court documents that reproduce HYIP forum posts and of infiltrating HYIP schemes.
Prominent FINRA Warning On HYIPs
In July 2010, the Financial Industry Regulatory Authority issued this highly public alert. FINRA noted that “HYIPs use an array of websites and social media — including YouTube, Twitter and Facebook — to lure investors.”
HYIPs fabricate a “buzz” and create “the illusion of social consensus,” FINRA said, describing the sinister approach as a “common persuasion tactic fraudsters use to suggest that “everyone is investing in HYIPs, so they must be legitimate.”
Forum Posts Become Evidence In HYIP Cases
In the SEC’s May 2008 prosecution of the Legisi HYIP scheme, the agency included page after page of forum posts as part of a 267-page evidence exhibit in support of an asset freeze. A federal judge approved the freeze. (The screenshot below is from one of the forum pages.)
Legisi operator Gregory McKnight pleaded guilty to criminal charges of wire fraud last month. He also faces millions of dollars in civil judgments. The SEC Legisi filings also include a reference to the MoneyMakerGroup forum, which is listed in other federal court filings as a place from which HYIP Ponzi schemes are promoted.
This section of the Legisi Terms of Service purports that members must avow they are not an "informant, nor associated with any informant" of the IRS, FBI, CIA and the SEC, among others. The others included "Her Majesty's Police," the Intelligence Services of Great Britain, the Serious Fraud Office, Interpol and others.
Included within the SEC filings is a reproduction of Legisi’s bizarre Terms. (See graphic at right. It is taken from court filings.) Among other things, the Terms made members avow they were not an “informant” for various government entities.
JSS Tripler/JustBeenPaid has similar Terms. The Terms read like an invitation to join an international financial conspiracy. (The next two paragraphs are verbatim from the JSS Tripler/Just BeenPaid member agreement. Italics added.)
6. I affirm that I am not an employee or official of any government agency, nor am I acting on behalf of or collecting information for or on behalf of any government agency.
7. I affirm that I am not an employee, by contract or otherwise, of any media or research company, and I am not reading any of the JBP pages in order to collect information for someone else.”
When the U.S. Postal Inspection Service filed criminal charges against Nicholas Smirnow in May 2010 for his alleged operation of the Pathway To Prosperity HYIP Ponzi scheme, MoneyMakerGroup, TalkGold and ASAMonitor were specifically referenced in the service’s case filings. Smirnow now has his face on an INTERPOL “Wanted” poster.
MMB took great exception to the PP Blog’s Smirnow post, apparently believing it had no relevance in the context of JSS Tripler/JustBeenPaid. MMB also apparently believes the PP Blog and RealScam are treating Frederick Mann, the purported operator of JSS Tripler/JustBeenPaid, unfairly.
Among other things, MMB asserted on the PP Blog that “no one is invisible to the MoneyMakingBrain and you need to stop doing what you’re doing against this man immediately. Because if you don’t, I am going to make a formal complain (sic) to the very authorities you purport are coming after scam sites and send all the evidence I’ve gathered so far from posting on your site and the realscam site. I don’t like witch hunts and I am sure Fred Mann can whip your ass in court for your highly suggestive, provocative, highly contentious and flat-out defamatory commentaries against his character on your sites.”
MMB further suggested that JSS Tripler/JustBeenPaid critics may be “needing to look for another ISP because you won’t have internet access at home or your office, wherever.”
About three months after the SEC brought the $72 million Legisi/McKnight HYIP Ponzi case, the U.S. Secret Service — in August 2008 — filed evidence exhibits in support of an order to freeze tens of millions of dollars in AdSurfDaily-related bank accounts. The complaint in support of the seizure specifically references an ASD-related “Breaking News” Blog, and an evidence exhibit labeled “Government Exhibit 5” consists entirely of an ASD-related post on a different Blog that took up 15 printed pages.
The 15-page post featured alleged comments from ASD President Andy Bowdoin in which he threatened to sue critics.
“These people that are making these slanderous remarks, they are going to continue these slanderous remarks in a court of law defending about a 30 to 40 million dollar slander lawsuit,” the post quoted Bowdoin as saying. (The screen shot below is from Government Exhibit 5. It has been a matter of public record approaching four years.)
Both the ASD and Legisi investigations used government agents in undercover capacities, according to court filings.
Meanwhile, in June 2009, attorneys suing Bowdoin on behalf of ASD members in a civil RICO (racketeering) case referred to the PP Blog’s reporting on the ASD Ponzi case, specifically its reporting on a spinoff surf known as AdViewGlobal (AVG). (See court document. See June 30, 2009, related story. See PP Blog story the attorneys referenced in their filings.)
During its short run, AVG bizarrely asserted that it operated as a “private association” that enjoyed U.S. Constitutional protections in Uruguay. AVG used U.S.-based Gmail addresses to conduct business, something JSS Tripler/JustBeenPaid is doing. The defunct surf further claimed that it had appointed a person who held the title of “Protector.”
Such claims have been linked to the so-called “sovereign citizen” movement. On Feb. 27, 2012, the PP Blog reported that a site linked to Mann published videos of Francis Schaeffer Cox, a purported “sovereign citizen” indicted in Alaska in an alleged murder plot against public officials. The site features a drop-in ad for JSS Tripler/JustBeenPaid that encourages prospects to register with a Gmail address.
Whether MMB is aware of all of these these historical incidents while issuing threats and planting the seed he has the power to divorce JSS Tripler/JustBeenPaid critics from their Internet connections is not known. MMB’s posting privileges were revoked by the PP Blog last week after he emailed threats and menacing communications. RealScam has continued to permit MMB to post on its forum.
The PP Blog believes it is unwise to click on any link MMB has posted on RealScam. He appears to be attempting to bait members of the antiscam community into clicking on links as part of a bid to gather IP addresses and other data from posters — all while asserting he has the power to use the information to harm individuals and entities such as Eagle Research Associates, a California based nonprofit that seeks to educate the public about scams.
Piling On The HYIP Absurdity
In what would become one of the most visited threads in the history of the PP Blog, a poster known as “CORRECTION” repeatedly demanded that the Blog retract this June 3, 2009, headline about the AdViewGlobal (AVG) autosurf and a strategy advanced by a promoter by which AVG upline sponsors could gather money from individual prospects and funnel it through the sponsors’ local banks before passing it to offshore payment processors — instead of letting AVG gather the money.
“Get it right before you lead with this inaccurate, bias (sic) and unfair reporting!!!!!!!!!!!” CORRECTION demanded.
The PP Blog did not submit to the demand to retract the headline.
It was revealed later in court filings that the grand jury that indicted Bowdoin on charges of wire fraud, securities fraud and selling unregistered securities began to meet in May 2009, about a month prior to ASD- and AVG-related threats and demands made against the PP Blog.
“The focus of this sweep was fraud committed against individual investors, including Ponzi schemes, high-yield investment fraud, and market manipulation cases,” said Shawn Henry, the FBI’s executive assistant director. “Operation Broken Trust highlights the pervasiveness of the threat we face, and its impact on individuals from all walks of life.
“The perpetrators of these crimes are those who YOU might trust . . . friends and colleagues — people from your workplace, your child’s soccer team, even your church,” Henry said.
Read this March 1, 2012, story that reports a top U.S. Justice Department official speaking in Mexico referenced bogus libel lawsuits filed to protect criminal enterprises. Read this Justice Department news release last week on a meeting in Ottawa between top U.S. officials and top Canadian officials to discuss cross-border fraud.
More HYIP Nonsense: No ‘Unfriendly Political Jurisdictions’
JSS Tripler/JustBeenPaid purports to pay a daily return of twice that offered by Bowdoin and ASD — and eight times that of Legisi. The JSS Tripler/JustBeenPaid returns are somewhat on par with the returns offered by Pathway To Prosperity.
At the same time, JSS Tripler/JustBeenPaid says this on its website (italics added):
“Our business operations are geographically decentralized. We don’t have any central office. We’re not located in any ‘unfriendly political jurisdictions.’”
It is difficult to conceive how JSS Tripler/JustBeenPaid could send any brighter signals of a scam in progress, given its absurd advertised rate of return and a public proclamation that it is not located in any “unfriendly political jurisdictions.”
In 2008, Frederick Mann, the purported operator of JSS Tripler/JustBeenPaid, identified himself as an ASD pitchman. On Jan. 23, 2012 — six weeks ago today — the Italian securities regulator CONSOB announced it had opened a JSS Tripler-related probe and issued a 90-day suspension order.
During a March 1 conference call for JSS Tripler/JustBeenPaid, a caller informed Mann that a member of his second-level downline had informed him that the member’s bid to advertise the “opportunity” had been blocked in Holland amid concerns of legality.
“Tell him not to advertise in any particular country,” Mann replied.
EDITOR’S NOTE: A top U.S. official — speaking today in Mexico City at the High-Level Hemispheric Meeting Against Transnational Organized Crime hosted by the Mexican government under the framework of the Organization of American States (OAS) — addressed the challenges the world law-enforcement community is confronting in the Internet Age.
In remarks apt to cause unease within the HYIP and organized-crime spheres, Deputy U.S. Attorney General James Cole noted that the government was wise to efforts by criminals to chill efforts to expose crimes by filing libel lawsuits. (A link to Cole’s full prepared remarks appears at the bottom of this story.)
Some recent Ponzi cases in the United States involving incredible sums of money — and the corresponding behavior of some of the participants — help prove the point . . .
AdSurfDaily President Andy Bowdoin, named a defendant in a 2009 civil case that alleged racketeering, issued “slander” lawsuit threats prior to the August 2008 intervention by the U.S. Secret Service in the ASD scheme. The threats were issued not long after Bowdoin had returned from a trip arranged by a lawyer in which the ASD patriarch had ventured to Panama and Costa Rica, according to court filings.
Bowdoin later was indicted, amid allegations he was presiding over an international Ponzi scheme that had gathered at least $110 million. Robert Hodgins, who was referenced in 2007 ads for ASD, is an international fugitive wanted by INTERPOL. The United States accused Hodgins of laundering proceeds for narcotics traffickers in Colombia.
In advance of today’s High-Level Hemispheric Meeting Against Transnational Organized Crime, OAS Secretary General José Miguel Insulza noted that such crime “is the principal continental source of activities such as drug trafficking, the illicit trafficking of firearms and immigrants, human trafficking, money laundering, corruption, kidnapping, and cybercrimes.”
Befitting its importance, the hemispheric meeting was hosted by Felipe Calderón, the president of Mexico.
Among others things, Deputy U.S. Attorney General James Cole said this at the meeting:
“The advance of globalization and the internet, while hugely beneficial to people everywhere, has also created unparalleled opportunities for criminals to expand their operations and use the facilities of global communication and commerce to carry out their criminal activities across national borders.”
Although Cole did not use the term “HYIP” in his remarks, it is clear that the U.S. government is well aware of the dangers online fraud schemes pose as they reach across borders to accumulate tens and even hundreds of millions of dollars — sometimes through a single fraud scheme.
As the PP Blog read the text of Cole’s remarks, another thing leaped off the page. Indeed, Cole said this (emphasis added):
“Because of the sophistication of the world economy, organized crime groups have developed an ability to exploit legitimate actors and their skills in order to further the criminal enterprises. For example, transnational organized criminal groups often rely on lawyers to facilitate illicit transactions. These lawyers create shell companies, open offshore bank accounts in the names of those shell companies, and launder criminal proceeds through trust accounts. Other lawyers working for organized crime figures bring frivolous libel cases against individuals who expose their criminal activities.“
Cole, of course, wasn’t talking specifically about the AdSurfDaily Ponzi case and ASD’s preposterous claims that Bowdoin had found a legitimate way to pay interest of 1 percent a day on the tens of millions of dollars sent in by participants and that ASD would create 100,000 millionaires in three years.
Even so, the words Cole uttered in Mexico City today have deep relevance to the HYIP sphere. Indeed, ASD reached across international borders and relied on an international sales force.
Here is how ASD worked: It relied on “legitimate actors” of the sort Cole described — in ASD’s case, a lawyer who allegedly scrubbed the “opportunity” to ensure compliance, and Moms and Pops and entrepreneurs (and people down on their luck) who signed up and became the friendly faces to their prospect bases. The salespeople were paid 10 percent for recruiting a friend with money and 5 percent more if the friend could recruit a friend with money — on top of “surfing” earnings of 1 percent a day and even more through the purported miracle of “compounding.”
The current HYIP scheme of JSS Tripler/JustBeenPaid has the same type of payout schemes that ASD foisted on the marketplace. One big difference is the JSS/JBP says it can provide twice the daily payout of ASD.
JSS/JBP’s purported operator is Frederick Mann, a former ASD pitchman.
In September 2011, the U.S. Secret Service described ASD as a “criminal enterprise.”
You’ll note above that Cole today used the same phrase to describe one of the inherent threats of transnational organized crime. And, as noted above, he also spoke about bids to chill critics through the filing of libel lawsuits.
Those same types of threats were made in the ASD case, beginning in the summer of 2008. In fact, federal prosecutors even included an evidence exhibit in case filings that alluded to one such alleged threat. Unmentioned in the initial ASD case filings were the bids to chill reporters in at least two states and a newspaper in Georgia.
If you’ve been following the HYIP sphere for any length of time, you know that threats to sue members of the antiscam community are part of the landscape — so much so, that it has become an HYIP cliche. The bids to chill are not limited to threats to sue for libel and “slander,” however.
It also is becoming an HYIP cliche that the operators and apologists for brazen HYIPs threaten to file complaints with the ISPs of members of the antiscam community — i.e., if you report about us we’ll take down your Internet connection and/or sue you for copyright/trademark infringement.
These things are transparent bids to chill speech. They also are designed to have a secondary “benefit”: to make the marks — who may consist in part of people who are otherwise “legitimate actors” — believe that harm will come to them if they ever complain, that there are severe consequences to those who complain.
These nefarious methods have surfaced in scheme after scheme after scheme, as have various assertions about “offshore” venues and the purported “safety” the “offshore” venues provide. Longtime observers know the claims are part and parcel to the HYIP sphere — and that claims that someone is a successful businessman who has presided over multiple companies almost certainly will be incorporated into the sales pitch for an “opportunity.”
The FBI, for just one example, has been warning for years about securities fraud, the “shadow banking system” and the use of shell companies to disguise fraud proceeds. The director has testified repeatedly on Capitol Hill about the subject, while simultaneously warning about debit cards that are being used in nefarious ways and the dangers posed by lone wolves and “home-grown, violent extremists.”
All of these things are or may be in play in the HYIP sphere. Here are some things you should know:
It is likely that the scheme’s operator is trading on the credibility you have with loved ones and friends within your immediate sphere of influence to drive dollars to the scam. It is equally likely that you are being denied the sort of information that would empower you to make an informed purchasing decision and highly likely you are being asked to participate in a venture that could result in prosecutions under both civil and criminal law, possibly even the RICO statute.
The rate of return will be preposterous in any real-world context and the math will be fuzzy and confusing, if not downright impossible.
Your sponsor will lie to you or pass on GIGO that is part of the company line because the company line is more convenient than the uncomfortable truth. It will be garbage coming in, and garbage going out.
You will be subjected to a direct or indirect threat or a bid to chill, especially if you ask uncomfortable questions or raise any doubts.
There is a chance you’ll be working for a racketeer or an international criminal, perhaps even a “sovereign citizen” who has hatched a construction by which nothing is a crime, that all conduct is lawful in the name of freedom and free markets. If your sentiment is against the government or “big business” because of your personal financial situation or your political or philosophical views, an extremist may try to exploit your sentiment for personal profit.
Just some things to think about in the age of the HYIP, the age of terrorism and the age of transnational organized crime as practiced on the Internet . . .
Read the full remarks of Deputy U.S. Attorney General James Cole here.
“Either we talk about here, or I talk about somewhere else (that’s not a threat, it’s a promise :)” — ‘MoneyMakingBrain (MMB), in email threat to PP Blog, Feb. 29, 2012, 7:52 a.m. ET
UPDATED 4:22 P.M. ET (U.S.A.) It has happened again: The PP Blog has received yet another threat via email for its reporting on the HYIP sphere, which FINRA described in a 2010 Alert as a “bizarre substratum of the Internet.”
Today’s threat came from “MoneyMakingBrain” (MMB) in apparent “defense” of JSS Tripler/JustBeenPaid, an HYIP “program” purportedly operated by self-described former AdSurfDaily and Ad-Ventures4U pitchman Frederick Mann. JSS Tripler/JustBeenPaid claims it pays a return of 2 percent per day.
ASD operator Andy Bowdoin, 77, is an accused Ponzi schemer under indictment for wire fraud, securities fraud and selling unregistered securities. The ASD scheme, which was based in Florida, gathered at least $110 million and created thousands of victims, federal prosecutors have said. Bowdoin’s Ponzi trial has been scheduled for September 2012. JSS Tripler/JustBeenPaid purports to pay a daily return twice that of ASD.
Among other things, Bowdoin has compared the August 2008 U.S. Secret Service raid on ASD’s headquarters to the 9/11 terrorist attacks and described it as the work of “Satan.”
MMB’s initial email threat was received at 7:52 a.m. ET. It was followed by another email threat at 11:14 a.m. in which MMB suggested he’d seek to cause banking troubles for a specific PP Blog poster and defend Mann “so help me God.”
“You could be the nicest guy in the world, doing a real public service, but on the matter of Frederick Mann, you’ve made a gross error, and you crossed the line, Mr.,” the second threat read in part. “I am not a passive by-stander Patrick, I am one of those who will come and help an old man from being beaten up by a bully, so help me God.”
The second email also claimed that, “If anything, you’ve brought all this upon yourself.”
On Feb. 27, the PP Blog reported that a site registered to Mann in South Africa at the same street address of JustBeenPaid had at least 11 links to videos featuring Francis Schaeffer Cox. Cox, 27, is a purported “sovereign citizen.” He is accused in Alaska of a “militia” murder plot against public officials.
Federal prosecutors known to be investigating the ASD scheme in the District of Columbia declined to comment on the Blog’s story, which was published Monday. Meanwhile, federal prosecutors known to be investigating the “sovereign citizen” movement in the Pacific Northwest did not respond to a request for comment on the report.
Today’s disturbing developments began with the Blog’s receipt of the initial threatening email at 7:52 a.m. The initial threat implied that, if the PP Blog did publish a comment submitted by MMB during the overnight hours and respond to the email, MMB would seek to cause harm to the Blog. The PP Blog did not reply to the initial email. Nor did it reply to the follow-up threat.
MMB’s comment already had been published by the PP Blog by the time the initial email threat was received. The comment was submitted at 1:12 a.m. today and approved by the PP Blog at approximately 7:30 a.m., after being temporarily sequestered in a holding queue because of the menacing nature of previous comments submitted by MMB.
An anonymous proxy in Europe was used to send the comment, and a Gmail address was entered on the PP Blog’s Comments form. For the past two days, MMB has been submitting comments that imply he has the power to harm the Blog if the Blog does not submit to his threats. His comments were sent from IPs in the United States and Europe. Today’s email communications from MMB were the first received from MMB.
Because the Blog believes it is important to publish comments that showcase the bizarre and sometimes menacing nature of the HYIP sphere, it has published several comments from MMB since Monday. But because today’s email threats introduced a new form of electronic menacing and implied a PP Blog reader would be subjected to a hectoring campaign, the Blog no longer will publish any additional comments from MMB.
The PP Blog engages in the marketplace of ideas, not the marketplace of threats.
These are among MMB’s menacing assertions yesterday:
“I know you’re reading everything I write and you are scared.”
” But, continue to annoy the MoneyMakingBrain and deviate him from his monitoring duties, and you’ll be the ones to be in the hot water. “
“no one is invisible to the MoneyMakingBrain and you need to stop doing what you’re doing against this man immediately. Because if you don’t, I am going to make a formal complain (sic) to the very authorities you purport are coming after scam sites and send all the evidence I’ve gathered so far from posting on your site and the realscam site. I don’t like witch hunts and I am sure Fred Mann can whip your ass in court for your highly suggestive, provocative, highly contentious and flat-out defamatory commentaries against his character on your sites.”
“You can delete my comments as much as you like, but take what I said to the bank. In the end, you are going to look like a fool.”
“Maybe it’s a good idea that you stop your charade once and for all and finally cease and desist attacking Mr. Fred Mann, who is innocent until proven guilty. Not going to be repeating myself again.”
“Needless to say that you’ll be needing to look for another ISP because you won’t have internet access at home or your office, wherever. Needless to say that your server host will also shut down your sites down for violation of terms and conditions.”
MMB also advanced a number of conspiracy theories, including one in which he asserts that two different people who post on RealScam.com and the PP Blog are one and the same. RealScam is a forum that concerns itself with mass-marketing fraud.
In November 2011, RealScam was subjected to a bid to chill from Bogdan Fiedur, the operator of AdLandPro, a website whose members routinely promote HYIP schemes and other highly dubious pursuits. JSS Tripler/JustBeenPaid is one of the “programs” promoted on AdLandPro, which also has a presence on Ponzi forums such as TalkGold and MoneyMakerGroup.
Conspiracy theories are part and parcel to the HYIP landscape, as are threats — direct and veiled. Today”s second MMB email threat also raised the specter of fear.
” . . . it’s clear that you are too scared of me by now,” the second email read in part.
In November 2011, an FBI Terrorism Task Force arrested ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming on charges he filed false liens against at least five public officials involved in the ASD Ponzi case. Two months later, a superseding indictment was returned against Leaming that accused him of participating in a scheme to file false liens against two U.S. prison officials, uttering a false “Bonded Promissory Note” for $1 million and being a convicted felon in possession of firearms.
So-called “sovereign citizens” have been linked to various forms of securities fraud and tax fraud. Because they believe prosecutors and judges have no authority over them, “sovereigns” have been known to target state, local and national officials in plots to file bogus liens and destroy the credit of members of the law-enforcement community and litigation opponents.
Their harassment methods, which feature the use of both postal mail and email and often include direct or veiled threats, have become known as “paper terrorism.”
When arrested, Leaming, the ASD figure and purported “sovereign,” was found with two federal fugitives from Arkansas who’d been indicted on charges of duping participants in a home-business scheme of more than $2 million. Those fugitives also have been linked to the “sovereign citizen” movement and filed a series of bizarre pleadings in Arkansas after their arrests with Leaming, who is jailed near Seattle. Both fugitives now are detained at federal facilities in Texas, according to prison records.
After MMB sent today’s initial email threat, he sent another comment to the Blog that included a threat:
“Stop abusing your forum as Lynn does, or I am going to conclude that there is a business relationship between the two of you, and that would be bad a thing (I am afraid to say anything else as you may call it another ‘threat’).
“And yes, this is not a threat: you’re better off having me talking here than somewhere else. I know too much already about both you and Lynn, and I still want to believe that the two of you are men of good (although the tactics of one indicate the otherwise).”
“Lynn” is a reference to Lynn Edgington, the chairman of Eagle Research Associates Inc., a 501(c)3 Public Benefit Charitable Corporation based in Mission Viejo, Calif.
The second email implied that MMB would seek to interfere with an Eagle Research banking relationship.
From grainy "BigBooster" YouTube video dated June 6, 2007. "Hi, Frederick Mann here," the video begins — with Mann speaking in what may be British or South African English. Mann, who identified himself in 2008 as an AdSurfDaily promoter three months before the U.S. Secret Service conducted a raid on ASD's Florida headquarters, was the featured guest in a conference call last week for JSS Tripler/JustBeenPaid. He is the purported operator of the "program."
Visitors to BuildFreedom.com are greeted by a drop-down ad for JSS Tripler/JustBeenPaid that encourages them to register with a free Gmail address from Google for the outlandish “program” and its purported return of 2 percent a day.
At least 11 videos featuring Francis Schaeffer Cox are accessible on the BuildFreedom page, which features remarks attributed to Frederick Mann and others.
Mann is the purported operator of JSS Tripler/JustBeenPaid. Here is part of what he relates in written form on BuildFreedom in the context of Cox and others:
“To what extent do the people and activities featured so far on this page provide real solutions? How far do they go toward neutralizing the real enemies? What activities need to be added to increase the prospects for freedom?”
The remarks appear to have been written prior to the arrest of Cox and others in an alleged “militia” plot on U.S. soil.
Based on its research, the PP Blog is reporting today that BuildFreedom.com is registered to Frederick Mann at an address in South Africa. At least two other sites registered to Mann at the same address — JustBeenPaid.com and BigBooster.com — have been used to drive traffic to the JSS Tripler/JustBeenPaid “program.”
The BigBooster website uses the same drop-down ad for JSS Tripler/JustBeenPaid that appears on the BuildFreedom domain.
As the PP Blog reported in October 2011, the BigBooster domain was used in 2008 to drive traffic to AdSurfDaily, which the U.S. Secret Service described as an online Ponzi scheme involving at least $110 million. In November 2011, ASD figure and purported “sovereign citizen” Kenneth Wayne Leaming of Spanaway, Wash., was arrested by an FBI Terrorism Task Force on charges of filing false liens against at least five public officials involved in the ASD case.
In December 2010, ASD President Andy Bowdoin was charged criminally with wire fraud, securities fraud and selling unregistered securities. Bowdoin’s program advertised a payout rate half of that advertised by JSS Tripler/JustBeenPaid.
The Conference Call
Separately, the PP Blog is reporting today that Frederick Mann was the featured guest on a conference call for JSS Tripler/JustBeenPaid last week. The Feb. 23 call appears to have been hosted by an American — and Americans and persons from at least one other country (Canada) appear to have quizzed Mann on the investment scheme after joining the “program.”
Whether the conference-call participants were aware of the BuildFreedom domain and Mann’s written comments on Cox and “neutralizing the real enemies” is not known.
The American (likely) who served as the call host was a woman who appeared to speak U.S. English. She described Mann as a “mathematical genius,” but did not say whether JSS Tripler/JustBeenPaid was authorized to sell securities to U.S. citizens. Nor did she say whether she was a registered broker-dealer or whether others promoting the “program” were required to be registered in the United States and other jurisdictions.
Mann also did not speak to any issues concerning securities, including whether the “program” was properly registered in all jurisdictions in which it conducts business and whether individual promoters needed to be registered.
The first person who asked Mann questions during the call identified himself as “Randy” from “South Dakota.” Another caller who identified himself as “Chester” from “North Carolina” also quizzed Mann, who appears to speak British or South African English — or perhaps English from a different part of the world.
The call was conducted one month to the day after CONSOB, the Italian securities regulator, announced that the actions of certain JSS Tripler promoters were under investigation. The CONSOB action was not addressed in the call, which also featured commentary or questions from “Michael” from “San Francisco” and others.
During the call, Mann asserted — among other things — that there was no “age discrimination” in JSS Tripler/JustBeenPaid.
“So, theoretically,” he intoned, “even a one-year person” can participate.
And, he noted, adults were permitted to open accounts in the names of other adults and that registrants could send money to JSS Tripler/JustBeenPaid via AlertPay, SolidTrustPay, LibertyReserve and Perfect Money.
All four of the processors are referenced in U.S. court filings as processors for alleged or proven fraud schemes.
In response to a question from “Edward” (nationality unclear) about whether JSS Tripler/JustBeenPaid had a “contingency plan” in case problems with payment processors developed or if government “harassed” them, Mann suggested that LibertyReserve and PerfectMoney were part of a fail-safe strategy.
“Even if AlertPay and Solid Trust Pay get shut down, that won’t stop” the program, Mann said.
In response to a question from “Potato” from “California,” Mann also suggested it was possible to open accounts without a Social Security number that that members could open accounts for others, including teen-aged grandchildren in another U.S. state — even if a grandparent didn’t know the Social Security numbers of their grandchildren and the grandchildrens’ parents did not give permission to open the accounts.
Who would be responsible for the tax consequences of opening accounts in the names of others was not discussed.
The call appears not to have been limited to participation by Americans. A person who identified himself as “Mark(?)” from “Alberta” also was on the call.
At least one of the persons on the call complained that the “program” was confusing. Even so, he ventured that this is “quite a deal.”
In response to a question about where the “program” was located, Mann claimed JSS Tripler/JustBeenPaid was “not located in any specific part of the world. We’re all over the planet.”
“Oh, OK, cool,” the caller who asked the question replied to Mann.
It was unclear from the call whether all participants who listened in or asked questions understood that the governments of various jurisdictions have acted forcefully against similar “programs” over the years, bringing both civil and criminal prosecutions.
Other Domains That Reference Frederick Mann
On a domain styled Mind-Trek.com, Fredrick Mann is quoted as writing, “In order to legally and safely beat the IRS it is necessary for you to adopt a certain frame of mind. You need to have a certain independence of mind. You need to be able to read the U.S. Constitution for yourself. You need to be able to recognize how the Supreme Court ‘judges’ and other politicians routinely violate the Constitution. You need to realize that practically all lawyers and accountants are handmaidens of the ‘terrocrats’ – terrorist bureaucrats or coercive government agents.”
Similar antitax screeds appear elsewhere on the domain. Although the domain data lists a company that uses the word “Freeman” as part of its name and a contact address in Arizona, the address appears to be nonexistent in the state. Based on the registration data, the actual address of the purported owner may be in the area of Fort Smith, Ark.
Arkansas business records show data on similarly named business entities in the state, but it is far from clear whether the “Freeman” entity listed in the domain-registration data was one of those firms.
Based on its research, the PP Blog also is reporting today that a second domain that uses the Arizona address of Mind-Trek.com exists. That domain, which also appears to confuse Arkansas and Arizona in registration data, is styled TerrorCrat.com. “TerrorCrat” is a phrase Mann has used in his writings. The domain currently resolves to a parked page that beams advertisements.
The PP Blog initially learned about the BuildFreedom domain through a URL that appears under Mann’s name on the BigBooster site. That URL resolved to the BuildFreedom domain. When accessed, it loads the landing page of the BuildFreedom domain, the drop-down ad for JSSTripler/JustBeenPaid and two videos and 11 links pertaining to Francis Schaeffer Cox, the purported Alaska “sovereign” indicted in the alleged murder plot.
Also during the course of its research, the PP Blog observed writings attributed to Mann on a domain that sought to attract customers for debt-elimination schemes. Such schemes also have been advanced by so-called “sovereign citizens.”
A domain that lists Mann as the author of an introductory piece makes a reference to a purported “Indian” tribe. Although it is possible that the tribe is legitimate, some “sovereign citizens” who have no Indian heritage and no standing either as “Indians” or courtroom litigants have married debt-elimination schemes to purported tribal membership in bizarre bids to hamstring prosecutions and target litigation opponents and public officials with vexatious lawsuits.
Some AdSurfDaily members have been linked to the same kind of vexatious legal filings, which sometimes included threats to arrest judges and attorneys that represent banks in collections-related litigation.
Nicholas A. Smirnow. Source: Interpol "Wanted" notice.
After the news broke yesterday that Gregory N. McKnight, the accused operator of the Legisi HYIP Ponzi scheme, had pleaded guilty to wire fraud in a $72 million caper, things only got worse for the serial Ponzi-forum cheerleaders — not that they’re likely to abandon their practice of willful blindness while reaching across oceans to pick the pockets of any person with cash and a pulse.
Nicholas Smirnow, a convicted robber, burglar and drug dealer before he became an HYIP operator and darling of the TalkGold, MoneyMakerGroup and ASAMonitor Ponzi forums, is listed as wanted by INTERPOL.
How long Smirnow has been on INTERPOL’s wanted list and the circumstances under which he was placed on the list were not immediately clear. An email yesterday by the PP Blog seeking comment from federal prosecutors in the Southern District of Illinois on the status of Smirnow and the case against him was not immediately returned.
Smirnow, 54, also is known as Nicolay Smirnow, Alexander Judizcev, Nicholas Kachura and Jeff Prozorowiczm. He was charged in the Southern District of Illinois with fraud and money laundering-related crimes in May 2010 for his alleged operation of the Pathway To Prosperity (P2P) Ponzi scheme.
When the charges against Smirnow were announced approaching two years ago, U.S. federal prosecutors said they intended to ask the government of the Philippines to extradite Smirnow to the United States. Whether Smirnow had been jailed in the Philippines and somehow later was set free after the U.S. arrest warrant was issued could not immediately be determined.
What is clear is that INTERPOL is publishing a “Wanted” listing with the following physical details about Smirnow:
Height: 1.76 meter
Weight: 76 Kg
Colour of hair: Brown
Colour of eyes: Green
The INTERPOL poster for Smirnow was up even as the SEC was announcing the McKnight conviction. (See “Wanted” poster, which is active at the time of this post.)
The P2P scheme was almost unimaginably widespread, a postal inspector said in the 2010 affidavit.
“Financial records of payment processors utilized by P-2-P to collect investment funds from investors show that approximately 40,000 investors in 120 countries established accounts with P-2-P,” the postal inspector said. “Despite the fact that the investment was supposedly ‘guaranteed, investors lost approximately $70 million as a result of [Smirnow’s] actions.”
Ponzi-forum cheerleaders yesterday appeared either to be unaware of (or to have to ignored) the news about the guilty plea of Legisi’s McKnight and corresponding civil judgments against him totaling about $6.5 million.
Some of them continued to focus on their efforts to promote JSS Tripler/JustBeenPaid, a “program” purportedly operated by Frederick Mann that also uses AlertPay and SolidTrustPay.
AlertPay and SolidTrustPay also are referenced in court filings in the AdSurfDaily Ponzi case. A 2008 promo for ASD attributed to Mann asserted that Mann was an ASD promoter. ASD operator Andy Bowdoin faces a criminal trial in September 2012 on Ponzi-related charges of wire fraud, securities fraud and selling unregistered securities.
JSS Tripler/JustBeenPaid asserts it pays a daily return of twice what ASD offered. ASD figure Kenneth Wayne Leaming has been linked to the so-called “sovereign citizens” movement and is jailed near Seattle on federal charges of filing false liens against public officials involved in the ASD case.
McKnight’s base program in Legisi offered a return of .25 percent (one quarter of 1 percent) per day, according to a 2008 SEC filing.
Mann’s purported base program offers eight times that return on a daily basis, according to JSS Tripler/JustBeenPaid promos. On an annualized basis, the “program” offers a return that is between 48 and 73 times higher than the returns of imprisoned Ponzi schemer Bernard Madoff.
Madoff is serving a U.S. prison term of 150 years. McKnight faces up to 20 years, the SEC said yesterday.
A promo for JSS Tripler/JustBeenPaid that appeared yesterday on a forum known as CariGold made this claim. (Italics added):
JSS-Tripler now has 213,884 members — continuing to grow by over 3,000 new members a day. (If it hadn’t been for yesterday’s downtime, the number would have been “over 4,000.”) Thank you to our many promoters for doing such a great job!
Purchases of new JSS-Tripler positions are on track for a new all-time record, today.
More than a month ago — on Jan. 23 — the Italian securities regulator CONSOB announced that JSS Tripler promoters were under investigation. Ponzi-forum promoters pooh-poohed the news.
“I don’t want to see a lawyer. If you do, I’m going to lien him down fast.” — Gregory Allen Davis addressing U.S. Magistrate Judge Alice R. Senechal of North Dakota in a false-liens case that evolved from events in 2010 and earlier
UPDATED 5:14 P.M. ET (U.S.A.)
The word “lien” is a noun. But it seems quickly to have become a verb in the mind of Gregory Allen Davis, a reputed “sovereign citizen” accused in 2010 of filing false liens against U.S. District Judge Daniel Hovland of North Dakota and Lynn Jordheim, a federal prosecutor who once served as the acting U.S. Attorney for the state.
Appearing before U.S. Magistrate Judge Alice R. Senechal to be arraigned on charges of filing false liens in the form of UCC Financing Statements against Hovland and Jordheim, Davis informed Senechal that he’d reject the appointment of defense counsel by the court, according to transcripts cited by the U.S. Court of Appeals for the Eighth Circuit. (PP Blog emphasis):
“I don’t want to see a lawyer,” Davis barked to the judge. “If you do, I’m going to lien him down fast.”
A Tortured History
With the belligerent morphing of “lien” from noun to verb even as Davis claimed the judge had no jurisdiction over him and demanded she present her “oath of office,” thus began a new chapter in the already-bizarre sagas of Davis and fellow purported “sovereign citizen” Michael Howard Reed.
Reed emerged as a figure in the May 2008 SEC Ponzi-scheme case against Gold-Quest International (GQI) after asserting he was the “attorney general” for an “Indian” tribe in North Dakota and trying to sue the agency for the staggering sum of $1.7 trillion.
GQI operated from Las Vegas and touted a footprint in Panama. Reed’s apparent theory was that the enterprise, which was accused of hatching a Ponzi that had gathered nearly $30 million, was untouchable under U.S. law and that it enjoyed sovereignty that somehow was portable across multiple state lines in the United States. A federal judge in Nevada quickly put an end to that nonsensical argument — even as regulators in Canada also were preparing or pressing claims against GQI, which purportedly was operated by a “Lord.”
Reed’s unsuccessful bid to intervene in the GQI case was hardly his only encounter with the federal judiciary and law-enforcement agencies.
In rejecting various claims by Davis and Reed in the false-liens case and upholding the rulings of U.S. District Judge Charles B. Kornmann of South Dakota — who was sitting in special designation because the North Dakota federal judiciary had recused itself — the Eighth Circuit appeals panel started out by reciting some of the tortured litigation history surrounding the false-liens case. (Italics added):
“Gregory Allen Davis and Michael Howard Reed irrationally believe that their membership in the Little Shell Nation, an unrecognized Indian tribe, means they are not United States citizens subject to the jurisdiction of the federal courts. This belief led them into serious trouble. First, Reed threatened North Dakota District Judge Ralph Erickson because he refused to dismiss federal drug charges against two other Little Shell members. Months later, when District Judge Daniel Hovland denied a motion to dismiss a firearm charge pending against Reed, Davis filed a Uniform Commercial Code (UCC) financing statement listing Judge Hovland and acting United States Attorney Lynn Jordheim as $3.4 million debtors and Davis as the secured party. After a three-day trial, a jury convicted Davis and Reed of conspiring to file and filing false liens against Judge Hovland and Jordheim in violation of 18 U.S.C. § 1521. The jury also convicted Reed of corruptly obstructing justice in violation of 18 U.S.C. § 1503(a), based on his earlier threats. On appeal, Davis argues that the evidence was insufficient to prove a violation of § 1521. Both Davis and Reed argue, for somewhat different reasons, that the district court violated their constitutional rights by allowing them to represent themselves at trial. We affirm.”
Notwithstanding the fact Davis initially had claimed he’d “lien . . . down” even appointed defense counsel and personally defend the charge that he’d filed false liens against public officials, Davis subsequently permitted a lawyer appointed by the court as “standby counsel” to carry out duties such as arguing evidentiary issues, according to court records. Both Davis and Reed reserved their rights to argue the case-in-chief.
“[T]hey provided opening statements, cross-examined the government’s witnesses, testified in their own defense, and offered a mountain of irrelevant documents relating to their claims of personal sovereignty,” according to Eighth Circuit.
But after both men were convicted of filing false liens and conspiring to file them, they then claimed they should not have been permitted to act as their own counsel, a claim in stark contrast to the earlier insistence by Davis that he be permitted to exercise his Constitutional right to represent himself and that he’d file a lien against a defense attorney if one were appointed for him.
Among other things, the Eighth Circuit upheld Kornmann’s conclusion that Davis “knowingly and voluntarily waived his right to counsel.” It made the same determination in rejecting Reed’s argument that the judge should not have permitted him to argue his own case.
Reed claimed, among other things, that “he should not have been allowed to defend himself foolishly,” according to the Eighth Circuit.
The Story Within The Story
Also of note is that the federal law under which Davis and Reed were charged and convicted in North Dakota is the same law under which AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming was charged in November 2011 by an FBI terrorism task force in Washington state: Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title.
In court filings, the FBI said Leaming filed bogus liens against a federal judge, three federal prosecutors and a special agent of the U.S. Secret Service — among other officials. In addition, he is charged with being a felon in possession of firearms, harboring two fugitives and uttering a bogus “Bonded Promissory Note” for $1 million. He is jailed near Seattle.
But to Davis, the law against filing false liens against public officials is “ass wipe,” according to a citation in the Eighth Circuit decision upholding his conviction.
“At trial, an FBI agent testified that, during a January 20 interview, Davis admitted to filing this lien, threatened to file more liens, and referred to the statute prohibiting false liens as “ass wipe,” the appeals panel recounted.
Leaming, according to court filings in the false-liens cases against him, filed the liens in Washington state.
Davis, though, chose to file liens in the District of Columbia — and he did so electronically, according to the Eighth Circuit.
“Reed and Davis conducted a recorded telephone conversation on January 5, 2010, the day Judge Hovland issued an order denying Reed’s motion to dismiss the pending firearms charge,” the appeals panel recounted. “The two discussed placing UCC liens for $2.4 million in cash and $1 million in silver against federal entities. The next day, Davis electronically filed a Form UCC-1 financing statement with the Recorder of Deeds in Washington, D.C., listing as debtors, ‘1. U.S. District Court of North Dakota/Daniel Hovland,’ and ‘2. Acting United States Attorney, Lynn C. Jordheim.”
The histories of both the Davis/Reed case and the emerging Leaming case lead to troubling questions about whether the Internet and the current state of U.S. and state procedures with respect to how liens are accepted and recorded in the public record have opened the doors for “sovereign citizens” to wage far-reaching revenge campaigns against public officials.
This comes at potential expense to both taxpayers and the targeted public officials who at least briefly have to take time away from their public duties and put on the hat of a witness/crime victim.
The Eighth Circuit ruling, for instance, points out that lien targets and federal officials “Hovland and Jordheim testified that they are not indebted to Davis” despite his assertion they owed him millions of dollars.
“Davis chose a filing office whose public records would likely be searched by a party looking for adverse claims against the properties of Judge Hovland and Jordheim, such as prospective lenders, credit card issuers, and credit rating agencies,” the appeals panel found. “He also filed the facially suspect statement electronically and it became a public record without review.”
And, as the appeals panel highlighted in a potentially ominous footnote, different results are possible in different jurisdictions. (PP Blog emphasis added):
“Some States have amended UCC Article 9 to give filing officers discretion to refuse apparently fraudulent or unauthorized filings and to streamline procedures for the removal of fraudulent filings. See White & Summers, Uniform Commercial Code § 31-16 (6th ed. 2010). Absent such an amendment, the UCC grants little authority to refuse to accept fraudulent filings. See § 9-520(a) & cmt. 2.”
“You can only load money from your Alertpay account onto it. So, now I can start using AP in other programs & have an easy way to get my money to spend, by loading funds from my AP account onto the card. Then I can use the card like a regular debit card in stores, online & even withdraw the money off of the card via an ATM machine.” — MoneyMakerGroup post by JSS Tripler/JustBeenPaid promoter, Feb. 16, 2012
There’s none so blind as those who will not see.
Only a little more than eight months ago — on June 3, 2011 — the U.S. Secret Service advised a federal judge in Maryland that HYIP schemes spread in part through coordinated posts on “discussion boards.” One of the boards referenced in a Secret Service affidavit aimed at seizing tens of millions of dollars in “criminal proceeds” linked to HYIP hucksters and other scammers was TalkGold.
Yes, that TalkGold, the Ponzi cesspit, the same TalkGold to which promoters of JSS Tripler/JustBeenPaid race to fire up “I got paid” posts to help sustain a scam that advertises an annualized return of 730 percent on top of two-tier downline commissions totaling 15 percent — more, if members choose to “compound” their “earnings” by leaving them in the system.
JSSTripler/JustBeenPaid promoters are doing this on the Ponzi forums even after CONSOB, the Italian securities regulator, announced a JSS Tripler-related action late last month and certain promoters’ websites in the United States suddenly have gone missing this month. Frederick Mann is the purported operator of the scheme.
It was not the first time TalkGold’s name had been referenced as a place from which massive fraud schemes were promoted. The board was referenced in 2010 filings by the U.S. Postal Inspection Service in the Pathway to Prosperity (P2) case. So was MoneyMakerGroup, another Ponzi and fraud cesspit. P2P operator Nicholas Smirnow was charged criminally, and investigators described P2P as an HYIP scheme that had spread to at least 120 countries and created as many as 40,000 victims. The alleged P2P haul: about $70 million.
Courtroom references by the Secret Service to TalkGold in the context of fraud schemes date back at least to 2007.
Here is how the Secret Service affidavit from June 2011 described the activities that occur on TalkGold and elsewhere. (Italics added):
“Most of the individual posts to the boards are from those who invest in the pyramid schemes and those who operate and promote the illegal investment scams.”
Based on the Secret Service affidavit and voluminous evidence culled in the aftermath of the 2007 E-Gold investigation that had led to 2008 guilty pleas on charges related to unlicensed money-transmitting and money-laundering, the judge authorized the seizure of tens of millions of dollars from the E-Gold accounts of alleged scammers who’d set up shop through E-Gold to fleece the masses.
On June 20, 2011, U.S. District Judge Ellen L. Hollander ordered the money “arrested.” The forfeiture is pending, and the final sum seized is unclear. But the website of a court-appointed claims administrator includes this notation. (Emphasis added): “Approximately $90 million has been seized and/or restrained from the sale of e-metal held in accounts at E-Gold.”
These things are exceptionally noteworthy in the context of the forfeiture case:
E-Gold is assisting investigators in ridding itself of corrupt proceeds warehoused as a result of the money-laundering allegations in 2007. It has cooperated with prosecutors in identifying accounts linked to HYIP scammers and other hucksters.
The Secret Service agent who filed the affidavit is the same agent who led the 2008 AdSurfDaily Ponzi scheme investigation, which resulted in the forfeiture of at least $80 million and criminal charges against ASD operator Andy Bowdoin.
Even though the agent allegedly has been targeted with false liens by so-called “sovereign citizens” for his work in the ASD Ponzi case, he continues to serve in a capacity that is vital to the security of the United States. He has conducted numerous investigations involving money-laundering and other crimes. These cases, according to court filings, have resulted in the seizure of more than $300 million in “criminally derived proceeds.” That is more than a quarter of a billion dollars. The agent and his colleagues have worked with a Task Force whose members reverse-engineer fantastically complex financial crimes.
The court-appointed administrator handing the claims process is the same company that handled a similar process in the ASD Ponzi case.
E-Gold has done the right thing in cooperating with investigators.
Coming Soon To An ATM Near You
Any person who spends so little as five minutes on the Ponzi boards knows that Canada-based AlertPay is conducting business with serial promoters of outrageous frauds — frauds that have grave consequences to individual pocketbooks and frauds that have grave ramifications to national and international security.
And now, according to posts that originate on forums referenced in multiple U.S. court filings about massive international fraud schemes, AlertPay is sending debit cards to the scammers.
“Thanks Mann & Co.,” the excited poster announcing her coup on MoneyMakerGroup said, adding five smilies to accent her glee after her earlier reference to ATMs and stores that now could be used to offload profits from a scheme that advertises a return of 2 percent a day.
In an earlier post, the MoneyMakerGroup member said she received the AlertPay debit card in her mailbox in North Carolina.
“Now I’m able 2 get my money out FAST!!!!!!!!!!!!” she roared.
Below her post was a link to a “program” known as “Expert Invest Group” that purports to pay “up to 20000% After 30 days.” The company says its accepts AlertPay, Perfect Money and “Liberty Reserver (sic).”
A (Brief) Pictorial Study In Contrasts
1.
MoneyMakerGroup post from Feb. 16 by promoter of JSSTripler/JustBeenPaid. The post highlights the utilty of AlertPay debit cards in joining other "programs" and offloading profits at ATMs and retail outlets.
2.
From Paragraph 55 of a U.S. Secret Service affidavit filed in U.S. District Court in Maryland on June 3, 2011.
UPDATE: The website of TheBizVideos.com has gone missing, taking with it sales promos for JSS Tripler and other purported “opportunities” in the wake of an action by the Italian securities regulator CONSOB. The site, which appears to use nameservers in New York, is returning a “Server not found” error in Firefox. When pinged, it returns an “Unknown error: 1214” message.
It is at least the second website with a direct or indirect tie to JSS Tripler to have gone missing in recent days. A site styled JSS-Tripler.com, which was hosted in Utah, went missing last week under mysterious circumstances.
Precisely why the sites have gone dark is unclear. Also unclear is who caused the sites to disappear.
What’s known about TheBizVideos.com is that it hosted JSS sales promos linked to alleged JSS Tripler promoter Andrea Viz and a website known as vizconsigli.com. (See CONSOB reference from last month.)
Whether JSS Tripler plans to help its affiliates mount a defense in Italy or any other country that may open a probe is unknown. Individual JSS Tripler promoters could find themselves holding the bag for both financial losses tied to their JSS Tripler participation and legal bills. Ponzi-forum posters flogging JSS Tripler have largely ignored the CONSOB action.
Separately, JustBeenPaid — the purported operator of JSS Tripler — has changed information on its website that references a “patent.”
The site previously made this specious claim: “JustBeenPaid! (JBP) and its related programs, including JSS-Tripler, are licensed under United States Patent 6,578,010.”
JustBeenPaid, however, now makes this equally specious (and even more bizarre) claim: “JustBeenPaid! (JBP) and its related programs operate in accordance with United States Patent 6,578,010 (now public domain).”
Precisely when and why the change was made is unclear, but the site was offline last night briefly in the the United States. JBP purportedly is operated by Frederick Mann, who claimed in 2008 to have been a promoter of AdSurfDaily. The U.S. Secret Service described ASD as a massive international Ponzi scheme.
Some JSSTripler promoters also have been linked to ClubAsteria, a purported “opportunity” that caused promoters to come under the CONSOB lens last year.
As things stand on the JustBeenPaid domain, how a securities scheme operates “in accordance with” a U.S. patent is left to the imagination. The JSS Tripler-related CONSOB probe is about securities and securities licensing, not about patents and inventions.
Prior to going offline, the BizVideos site made this claim. (Emphasis added.)
“TheBizVideos is 100% free and is designed for those who want toadvertise (sic) a business and then using the video, but without limitations.“
BULLETIN: David Carroll Stephenson, an alleged business associate of AdSurfDaily figure and purported “sovereign citizen” Kenneth Wayne Leaming, has been moved from a federal prison in Arizona to the SeaTac federal detention center near Seattle to answer charges that he conspired with Leaming to file false liens against two Federal Bureau of Prisons officials.
Leaming, 56, remains in federal custody at SeaTac. In addition to charges that he worked with Stephenson to file bogus liens totaling $30 million against Harley Lappin and Dennis R. Smith, Leaming is accused of filing false liens against at least five public officials involved in the AdSurfDaily Ponzi case. He’s also charged with harboring two federal fugitives from Arkansas at his residence in Spanaway, Wash., being a felon in possession of firearms and uttering a bogus “Bonded Promissory Note” with a purported face value of $1 million.
Lappin is the former director of the Federal Bureau of Prisons; Smith is the warden of the Federal Correctional Institution in Phoenix. Stephenson and Leaming divined a construction by which Lappin owed Stephenson $10 million and Smith owed him $20 million, the FBI said in court documents filed in November 2011.
Some of the firms with which American-International had a business relationship formed their names with words typically associated with government or banking. One was called “Homeland Security Service,” for instance. Another was called “Presidential Detail.” Yet another was called “Federal Asset Management Service.” Still another was called “Federal Fleet Management,” according to records.
Stephenson, 56, was serving a 96-month prison sentence (ending in January 2013) for defrauding the United States in a tax scam during the time in which he plotted with Leaming last year to carry out the fraud against Lappin and Smith, the FBI said.
An FBI affidavit filed in November alleges that Leaming was conducting research on the real estate holdings and personal finances of U.S. Chief Justice John Roberts and his wife and discussed a scheme to serve Stephenson-related documents on Roberts through the school his children attended.
Robert’s is chief judge of the U.S. Supreme Court and America’s highest-ranking judicial officer. He is one of nine members of the Supreme Court.
Other Leaming email correspondence cited by the FBI suggests he sent a “certified,” Stephenson-related letter to the personal residence of Associate Justice Ruth Bader Ginsburg and was trying to find a home address for Associate Justice Stephen G. Breyer — instead of sending Stephenson-related correspondence to the Supreme Court address.
Like Roberts, Ginsburg and Breyer are members of the Supreme Court.
Breyer’s name was in the news yesterday, amid reports that he was robbed while vacationing with his wife and several friends in Nevis last week by a masked intruder wielding a machete. The Supreme Court is on break. There were no reports that anyone was injured in the Nevis incident, but the robber allegedly got away with $1,000.
The email was attributed to “Keny,” a nickname used by Leaming.
Court records suggest Leaming was under FBI surveillance when the email was sent. He was arrested by an FBI terrorism task force about seven weeks later.
In court filings in the original liens case against Leaming in November, the FBI said “one of the specific documents” found in Washington state sought the staggering sum of $225.4 billion and listed “Kenneth Wayne, sovereign man” as “grantee,” and public officials as “grantors.”
Bogus liens against Mary Peters, the former U.S. Secretary of Transportation, and Cutler Dawson, president and CEO of Navy Federal Credit Union, also were discovered, according to court filings.
Leaming was arrested on the liens charges via a criminal complaint filed in November. The firearms, fugitive-harboring and false-utterance charges were added in a superseding grand-jury indictment returned on Jan. 26.
The two fugitives Leaming allegedly harbored were implicated in an Arkansas-based, home-business scam that fetched more than $2 million, according to court records. Meanwhile, the ASD Ponzi scheme fetched at least $110 million, federal prosecutors said.
Timothy Shawn Donavan, 63, and Sharon Jeannette Henningsen, 67 — the fugitives allegedly found with Leaming — both are listed as federal detainees at facilities in Texas. They initially were jailed at SeaTac in Washington state, but made bond after their November arrests and returned to Arkansas, according to federal records.
Bizarre pleadings laced with language associated with “sovereign citizens” soon began to appear in their Arkansas proceedings. Donavan’s bond was revoked after he refused to be sworn as a witness at a pretrial proceeding in Arkansas, according to records. He is jailed at a federal facility in Texas.
Henningsen currently is in federal custody at a Texas facility that provides specialized medical care and mental-health services, according to records.
Andy Bowdoin, the 77-year-old alleged operator of the ASD Ponzi scheme, is awaiting his September 2012 federal criminal trial on charges of wire fraud, securities fraud and selling unregistered securities.
Here is an imponderable: Is there any ceiling to the absurdities in the HYIP sphere and the destructive force it exercises around the web?
