UPDATED 12:21 P.M. EDT (MARCH 28, U.S.A.) Whack-A-Mole. Here’s the latest disturbing incarnation: On March 20, the Autorité des marchés financiers (AMF) published a warning on a gold “program” known as Karatbars International GmbH. BehindMLM.com spotlighted the warning yesterday.
From the AMF warning (bolding added): “With the company’s ‘Affiliates’ program, investors can make Internet-based purchases through Karatbars plans and they are encouraged to recruit two other Affiliates. These Affiliates are in turn encouraged to recruit two other Affiliates each, and so on. Affiliates are lured by the possibility of earning large payouts, in particular through a percentage of amounts collected from the Karatbars plans and gold products purchased by referrals.”
These things apparently meant little to former Zeek Rewards’ pitchman Lloyd Merrifield, who “defended” Karatbars International on BehindMLM. Zeek was an international Ponzi scheme that gathered at least $850 million, according to court records.
AdViewGlobal was an international Ponzi scheme that gathered an unknown sum before vanishing mysteriously in 2009. U.S. federal prosecutors linked it to ASD in April 2012.
Merrifield also was a pitchman for Ad-Ventures4u (ADV4U), an ASD-like HYIP scam tied to shiny-object scam known as “TradingGold4Cash.” And why not Tazoodle, a search-engine “program” whose “board” consisted of former ASD members who had the big idea they were going to unseat Google? Yep. Merrifield was there, too.
Along with ADV4U and Tazoodle, Merrifield pitched something called “20Clicks” as part of an overall package known as “The Golden Eggs.” (In 2009, the 20 Clicks website said it was “Powered by USHBB.com.” USHBB later was associated with the Zeek Rewards Ponzi scheme and is listed as a “winner” in a document assembled by the court-appointed receiver in the Zeek Ponzi/pyramid case.)
At least one HYIP pitchfest site that describes Merrifield as a “featured speaker” for Karatbars International has led cheers for “programs” such as AdHitProfits and MyFunLife and BannersBroker — and an emerging darling known as FlexKom. The site also has pushed “ProfitClicking,” one of the JSSTripler/JustBeenPaid reload scams linked to former ASD pitchman Frederick Mann.
Mann, among other things, may have ties to the “sovereign citizens” movement.
Merrifield, perhaps ignoring this 2010 FINRA warning on HYIP schemes and social media, pitches Karatbars International on YouTube and coaches viewers to line up recruits via craigslist.
Source: YouTube
On BehindMLM, Merrifield says he’s been “in the Investment Banking industry for over 35 years.”
As always, HYIP “programs” and similar ventures that may lack licensing in individual jurisdictions across the world raise the prospect that banks and payment processors are coming into possession of funds tainted by fraud. In some cases, those funds have circulated between and among various schemes.
A quick Google search shows that some pitchmen are promoting Karatbars International alongside TelexFree, a “program” under investigation in North America, South America and Africa. TelexFree also has been promoted in concert with the WCM777 MLM scam.
From a video pitch that simultaneously pushes Karatbars International and TelexFree.
After weeks of delays, a Facebook “Fan” page for accused Ponzi schemer Thomas Anderson “Andy” Bowdoin finally has launched. The site includes a link to “Andy’s Fundraising Army,” the web venue at which Bowdoin’s bid to raise $500,000 to pay for criminal lawyers has fallen 95 percent short of its goal.
Bowdoin, 76, was arrested in Florida in December 2010 and freed on bail. Federal prosecutors described him as a recidivist securities huckster who’d presided over Quincy-based AdSurfDaily.
ASD was an “autosurf” Ponzi scheme disguised as an “advertising company,” and Bowdoin used some of the money sent in by members to make campaign donations to the National Republican Congressional Committee, prosecutors said.
An early version of Bowdoin’s alleged $110 million Ponzi scheme collapsed in 2007, leaving members holding the bag, according to records. After weeks in limbo, ASD switched the URL from which the purported “program” operated and relaunched under the new name of ASD Cash Generator, sucking in a new crop of victims, prosecutors said.
The accounts and unpaid redemptions of participants active at the time of the 2007 collapse were rolled into the new scheme, and incoming members were not told about the original Ponzi failure and that members were getting paid with recycled cash, prosecutors said.
ASD eventually gained momentum by creating a video lie about the program’s purported legality and by arranging “rallies” in U.S. cities. In late 2007, Bowdoin added a second autosurf Ponzi known as LaFuenteDinero — Spanish for “the fountain of money” — to his criminal tool kit, and compounded his deception, prosecutors said.
In 2008, Bowdoin and Clarence Busby Jr. of Acworth, Ga., struck up a partnership that resulted in the creation of an autosurf known as Golden Panda Ad Builder, describing it as ASD’s “Chinese” option, according to records.
The SEC has described Busby as a prime-bank swindler implicated in three securities schemes in the 1990s. Busby has described himself as a minister and real-estate professional. Records suggest he has lost property in Georgia to foreclosure, was the operator of yet-another surf scheme known as BizAdSplash (BAS) and was on the receiving end of an IRS tax lien.
BAS went missing in early 2010, after positioning itself as a purported offshore business. Its web servers resolved to Panama.
Like Busby, Bowdoin also was implicated in securities schemes in the 1990s, according to records. He narrowly avoided prison time in Alabama by agreeing to make restitution to defrauded investors.
Bowdoin has asked Facebook members to “like” his site. The Facebook site does not mention that three ASD members filed a prospective-class action lawsuit against Bowdoin in 2009, accusing him of racketeering and disguising the nature of ASD’s business.
Nor does the Facebook site reveal that ASD and related businesses have been on the receiving end of at least three civil-forfeiture judgments totaling about $80 million. In August 2008, the U.S. Secret Service seized about $65.8 million from 10 personal bank accounts of Bowdoin through which he was operating the ASD business, according to records.
The seizure occurred after ASD members falsely claimed that Bowdoin had received an award for business acumen from then-President George W. Bush, prosecutors said. Bowdoin filed two appeals when forfeiture orders were entered against his assets, but lost both. His new appeals for cash are targeted at the people Bowdoin is accused of defrauding: the ASD membership base.
In the aftermath of the 2008 seizures, Bowdoin described federal prosecutors in the District of Columbia — the venue in which the forfeiture actions were filed — as “Satan.” Bowdoin’s use of the word “Satan” occurred just weeks after he described himself at a company “rally” in Las Vegas as a Christian “money magnet.”
Bowdoin also compared the seizures to the 9/11 attacks, saying the actions against ASD by the Secret Service were “30 times worse” in some ways than the terrorist attacks that killed nearly 3,000 people in New York, Pennsylvania and Washington.
One of the Washington victims of the 9/11 attacks was Barbara Olson, an author, television commentator and former assistant U.S. Attorney (AUSA) in the District of Columbia office. Olson was the wife of former U.S. Solicitor General Theodore Olson.
In commemoration of the 10-year anniversary of the 9/11 attacks, prosecutors in the District of Columbia dedicated a national-security conference room in Barbara Olson’s memory last week.
“As an AUSA in [the District of Columbia] office, and throughout her career, Barbara proved that her convictions ran deep, and that her fidelity — to the values she held dear, the principles she fought to defend, and the countless people whose lives she touched — was unshakeable,” U.S. Attorney General Eric Holder said last week.
ASD is known to have so-called “sovereign citizens” in its ranks. Two ASD figures — Kenneth Wayne Leaming and Christian Oesch — sought unsuccessfully to sue the government for its actions in the ASD case, apparently seeking the staggering sum of more than $29 trillion, more than twice the U.S. Gross Domestic Product in 2009.
Leaming was accused in Washington state in 2005 of practicing law without a license. Records show he also was involved in a lawsuit that sought more than $9 billion against a local hospital in Washington state. Filings in the case show that Leaming sought liens against the hospital and even sought to attach it water and mineral rights. At least two notaries public in Washington state with ties to Leaming have had their licenses revoked. The names of both notaries appear on the docket of U.S. District Judge Rosemary Collyer in the District of Columbia.
Collyer is presiding over the ASD-related forfeiture actions and the criminal case against Bowdoin. Bowdoin twice has tried to have Collyer removed from the case. Both efforts failed, and the U.S. Court of Appeals has upheld the forfeiture orders she issued in the case.
Sixty-two people (as of the time of this post) have “liked” Bowdoin’s Facebook fan page. It is unclear if Bowdoin’s fans have followed the ASD case closely.
EDITOR’S NOTE: Clarence Busby Jr., a figure associated with at least four autosurfs — AdSurfDaily, Golden Panda Ad Builder, LaFuenteDinero and BizAdSplash — has encountered a recent string of troubles, including a mortgage foreclosure and tax liens. Owing to his association with ASD President Andy Bowdoin, who operated ASD and LaFuenteDinero and once had a partnership with Busby in Golden Panda, Busby also was forced to spend an unknown sum on legal fees after the seizure of ASD- and Golden Panda-connected assets in 2008.
Bowdoin said in September 2009 that he’d spent more than $1 million on legal fees in the first 13 months of ASD-related litigation. He was arrested on federal charges on Dec. 1, 2010, and had to arrange a bond of $350,000. Sixteen days later — on December 17, 2010 — federal prosecutors filed yet another (the third) civil-forfeiture complaint against Bowdoin-connected assets. Bowdoin filed appeals in the first two forfeiture cases, losing both and driving up his legal costs.
Despite the costly troubles encountered by both Bowdoin and Busby — and the remarkable staying power of those troubles, which next month will enter their fourth year — promoters on TalkGold, MoneyMakerGroup and other Ponzi forums still are pushing autosurfs and HYIPs.
They’re pushing them even though Bowdoin and others potentially face long prison sentences and have lost significant dollar sums and property as a result of their infatuation with what prosecutors have described as serial lawlessness.
On July 6, a federal judge ordered Gregory N. McKnight, the operator of the Legisi HYIP Ponzi scheme, to pay more than $6.81 million in disgorgement and penalties. Like ASD and countless schemes, Legisi was promoted on TalkGold and MoneyMakerGroup — and court filings in the Legisi case specifically reference MoneyMakerGroup.
Still pushing ‘surfs and HYIPs?
Apparently using a fill-in-the-blank litigation template, Clarence Busby Jr. sought foreclosure relief on a central Cobb County property in Marietta, Ga. Busby's filing also placed the property in Gwinnett County, which does not border Cobb County. (Graphic from Wikipedia.)
When former autosurf operator Clarence Busby Jr. filed a lawsuit last year last seeking relief from from a bank and other parties involved in a mortgage foreclosure against him, he’d already been put on notice by the Internal Revenue Service that the agency intended to collect thousands of dollars in back taxes from him, according to records in Cobb County, Ga.
The taxes were from 2009, according to records. During the same year, Busby launched an autosurf known as Biz Ad Splash — but the tax bill was for a different Busby entity.
On Aug. 11, 2010, the IRS prepared a federal tax lien against Busby and a company known as Freedom Achievement LLC for $15,481. The lien was formally recorded on Aug. 26, 2010. A note on the lien described Busby as “SOLE MBR” of Freedom Achievement, whose business purpose was not immediately clear.
About four months later — in December 2010 — Busby filed a pro se lawsuit demanding relief from Quicken Loans, OneWest Bank, MERSCorp and 1,000 “Doe” defendants in Cobb County Superior Court.
OneWest and MERS responded in January 2011 by moving to have Busby’s case transferred to federal court in the Northern District of Georgia because the lawsuit named defendants in multiple states and involved a controversy that exceeded the sum of $75,000.
Busby’s case was assigned to Senior U.S. District Judge Robert L. Vining Jr., who dismissed it for failure to state a claim. Beyond dismissing the lawsuit for failure to state a claim, Vining agreed with the defendants that Busby’s arguments had no legal merit. Busby’s pro se pleadings appeared to have come from a fill-in-the-blank legal kit.
These words appeared on the first page of Busby’s complaint: “COMES NOW, name here, as plaintiff” — and Busby did not insert his name in the “name here” space.
By contrast, some filings in the ASD/Golden Panda forfeiture case begin with these words, “COMES NOW, plaintiff United States of America, by and through its attorney.”
The Busby complaint also claims the Busby property in dispute is located in “Gwinnett County.” The document claimed elsewhere that the property was located in the city of Marietta in “Cobb County,” the venue in which Busby sued.
Marietta is situated in central Cobb County. Cobb County and Gwinnett County do not border one another. and the property is listed in Cobb County courthouse records, meaning it is possible that Busby used an existing legal template and never swapped out an existing reference to Gwinnett County — in the same manner in which he did not insert his name in the “name here” space.
Whether Busby’s apparent fill-in-the-blank oversights added to the defendants’ costs in successfully defending against the lawsuit is unclear. What is clear is that Busby came out on the losing end and that the defendants referenced the IRS tax lien against Busby in Cobb County in their response to his complaint.
Separately, the state of Georgia dissolved a Busby company known as Homeshare Investment Club Corp. The dissolution occurred on Sept. 13, 2010, less than a month after the IRS tax lien was filed against Freedom Achievement LLC, according to records.
Records pertaining to Homeshare Investment Club show that it used the same address used by Busby in the formation of Biz Ad Splash NA LLC.
BizAdSplash, or BAS, was an autosurf that ceased operating in January 2010. BAS launched in the aftermath of the ASD- and Golden Panda-related asset seizures. A separate address associated with the BAS filing in Georgia is the address of a maildrop in Kennesaw.
BAS purported to operate offshore. Its apparent U.S. domestic brand is listed in noncompliance by the office of Georgia Secretary of State Brian P. Kemp.
Members of BAS have complained to the PP Blog about not getting refunds from the autosurf. How much money the surf collected is unclear.
At the same time the state of Georgia was dissolving Homeshare Investment Club, it also was dissolving another Busby enterprise: Ocean View Enterprises Inc. Meanwhile, yet another Busby firm — Legacy Premier Properties Inc. — is listed in a state of noncompliance.
Even as bank failures and foreclosures were piling up in Georgia last year, a man associated with at least four failed autosurf companies was filing lawsuits against mortgage companies and 1,000 “Doe” defendants amid claims he did not know the “true names” of the “real lenders.”
Clarence Busby Jr. of Acworth, Ga., advised a Cobb County judge that it was “long standing black letter Mortgage law” from the 19th century that he should receive foreclosure relief from Quicken Loans, OneWest Bank, a service company and the “Does.”
In January 2011, the defendants moved to have the cases removed to federal court in Northern Georgia and filed for dismissal. The dismissal was granted in March.
A street address for Busby that appeared in both the county and federal filings corresponds with an address used by Biz Ad Splash NA LLC (BAS) in Georgia corporate filings dated May 13, 2009. BAS was an autosurf associated with Busby that went missing last year. Busby also was the president of Golden Panda Ad Builder, yet another autosurf, and a onetime business partner of Thomas A. “Andy” Bowdoin, the operator of the Florida-based AdSurfDaily autosurf.
The address BAS used in the Georgia filings was a mail drop, according to records.
Bowdoin was arrested in December 2010. The U.S. Secret Service said he had presided over an international Ponzi scheme that had gathered at least $110 million. Assets tied to both Bowdoin and Busby were seized as part of the ASD/Golden Panda probe, which also involved an autosurf known as LaFuenteDinero.
Busby was implicated in three prime-bank schemes by the SEC in the 1990s and was enjoined from violating securities laws by a federal judge. An FDIC-insured bank that once held Golden Panda funds failed in April 2011.
Georgia leads the United States in bank failures, with Florida nipping on its heels. Both states also are high on the list of mortgage foreclosures. Foreclosures tend to lower the value of surrounding properties.
Busby has described himself in court filings as a minister and real-estate professional. The actions in Cobb County that were removed to federal court were filed pro se, meaning Busby acted as his own attorney.
The defendants in the cases claimed Busby was seeking to “invalidate and/or void” in its “entirety” a $120,000 security instrument held on a property in Marietta, Ga.
Records suggest the property has been bought and sold twice in recent months for wildly different prices.
Among Busby’s claims in the Cobb County lawsuit was that the “true names and identities of any or all” of the “real” lenders, investors and others involved in his mortgage “were hidden from the plaintiff.”
BAS, which purported to be headquartered offshore, entered the autosurf world in January 2009 — after the ASD, Golden Panda and LaFuenteDinero-related asset seizures.
The entry of BAS began with the stern bang of a drum and a dire message in a promotional video: “The World Is In Crisis,” the video warned. “Turn On The News, And You’ll See. The Stock Market Is At A Record Low. Foreclosures Are At An All-Time High. Thousand’s (sic) Are Losing Their Jobs. Banks Are Closing. There Has To Be A Solution!”
The dire bang of the drum faded, replaced by a riff from an organ. The riff grew frantic, building toward a crescendo. The video never said the tones were from a 1999 work by Fatboy Slim: “Right Here, Right Now.”
Messages flashed in front of viewers’ eyes for more than a minute before the video announced the company’s name — BizAdSplash — and positioned the surf as the cure for all the economic misery in the world.
“Biz Ad Splash Has The Answer,” it said. “The Plan Is Simple. Advertise Your Business, A Product Or Service, Introduce Others To The Value Of Advertising. View A Few Ads For A Few Minutes A Day. Earn Profits. It’s That Simple!”
We’ve previously noted that the Financial Industry Regulatory Authority (FINRA) has described the HYIP sphere as a “bizarre substratum of the Internet.”
That substratum now is getting crazier yet.
Three weeks ago, Club Asteria was a great darling of the Ponzi boards. But weekly payout rates that purportedly have been slashed — coupled with a purported freeze of Club Asteria’s PayPal account — appear to have put the “program” in a death spiral.
Club Asteria stopped short of announcing it had placed a call to the coroner, but did announce a “downward spiral,” according to a post on the MoneyMakerGroup Ponzi scheme and criminals’ forum.
Not to worry, though: Some Club Asteria promoters on the Ponzi forums have turned their attentions to JSS Tripler, whose site appears to be accessible through multiple domains, including a site known as JustBeenPaid (JBP).
JBP appears to be tied to something called Synergy Surf, which appears to be another darling of the Ponzi boards.
“I buyed (sic) new 8 positions for that,” a MoneyMakerGroup poster announced.
JPB encouraged enrollees to “[s]et up your AlertPay account and fund it, or link your credit card to it,” according to web records.
These instructions also were provided.
Upgrade in JBP by making your $10 or $20 payments.
Enter your AlertPay email address in the JBP Member Area.
Buy and/or sponsor downline members.
Study and apply ‘Upgrade Your Brain’ and the ‘Big Success Breakthrough’ — see ‘Access Our Products’ in your JBP member area.
Make JBP’s Synergy Surf (JSS) your primary moneymaker.
In the spring of 2009 — as the AdViewGlobal (AVG) autosurf was in its death throes before a fatal gurgle — the AVG braintrust pointed the finger of blame at the membership.
Other surfs that launched in the aftermath of the seizure of tens of millions of dollars from Florida-based AdSurfDaily did the same thing. These included AdGateWorld, which once referenced ASD in what appeared to be a copy-and-paste lift from ASD’s Terms of Service, and BizAdSplash, whose purported “chief consultant” was ASD/Golden Panda Ad Builder figure Clarence Busby.
Fast forward two years, and Club Asteria, which lists Andrea Lucas as managing director, appears to be doing the same thing — along with serving up some Busby-like syrup for the soul:
“Greed is a very powerful motivation, but the kindness, generosity and goodness in all of us all are even more powerful,” Club Asteria is reported on MoneyMakerGroup to have intoned.
“The challenges that we are facing recently have been caused by a small percentage of our members misusing their membership privileges,” Club Asteria is reported to have told members. “As any good company would have done to protect their members and future members, we had to reinforce our Code of Ethics and Conduct, to ensure that our message of a better life for all of us is presented honestly and accurately.
“We are working very hard to make sure that any benefit from Club Asteria and all of our products and services are accurately represented. Any company, no matter how good their products and services are, can be destroyed with misleading information, bad publicity, false rumors and inactivity of their members/customers.”
Two years ago, AVG’s death spiral began as the ASD grand jury was meeting in the District of Columbia. The surf first slashed payouts — something Club Asteria reportedly is doing right now — and then eliminated them altogether, while at once announcing an 80/20 program would become mandatory after AVG completed an audit of itself.
One of the issues complicating matters for AVG was the purported misuse of a member-to-member cash button. Club Asteria members also purportedly misused a money-transfer facility.
“Bizarre substratum of the Internet” just about covers it — except for the heartache and myriad nightmares created by the various HYIP darlings, of course.
Thinking Outside The Box
Our friends at RealScam.com report another nightmare in the making. It’s bizarrely called Insectrio — and it bizarrely has an “Egg” plan purported to pay 103 percent after one day, a “Larva” plan purported to pay 120 percent after five days and other plans advertised to pay even more.
The sales pitch for Insectrio, apparently an emerging HYIP, touts MoneyMakerGroup, TalkGold and DreamTeamMoney.
Given JBP’s prompt for enrollees to “upgrade” their brains — which we view as a prompt to think outside the box — the PP Blog concludes this post by providing readers an outside-the-box way to look at the Insectrio offer:
InSECtrio.
Indeed, the three letters centering the HYIP’s name are real attention-getters.
A surf firm with membership and promoters’ ties to AdSurfDaily may be disintegrating — but is still encouraging participants to send in money, a member said.
“[T]he earnings/payouts nearly [stopped] but of course we were ‘encouraged’ to continue making purchases so that our earnings/payouts could continue as before,” the member said of the surf, which is known as AdPayDaily (APD).
The PP Blog reported in June that members of the pro-ASD Surf’s Up forum were listed as having high positions in APD.
APD’s website was registered on Nov. 18, 2008. That’s just one day before U.S. District Judge Rosemary Collyer ruled that ASD had not demonstrated it was a lawful business and not a Ponzi scheme. APD’s domain-registration date also coincides with a string of registration dates by the so-called ASD clones, including AVG, AdGateWorld and BizAdSplash — all of whose domains were registered after the seizure of ASD’s assets in August 2008 and all of which eventually went missing.
“I feel like we are being strung along to keep on paying in,” an APD member told the PP Blog.
ASD President Andy Bowdoin was arrested last week on charges of wire fraud, securities fraud and selling unregistered securities. Like Bowdoin, APD urged members to keep their faith in the enterprise.
Also like ASD, APD told members in a recent email that it was experiencing “tech issues.”
“Just a note to let everyone know that we’re still working on tech issues in with the Administrative section of our website,” APD wrote last month. “If you have continued to surf you know that the daily payouts are minimal at best and that probably won’t change until we secure the necessary funding.
“In the meantime we’re still working to resolve all issues and we are extremely hopeful that we’ll have everything in order by years end,” the company said. “We will keep you posted with our progress.”
We have received a few inquiries about a new surfing program called AdPayDaily (APD). Our initial take is that the program is a dressed-up version of AdSurfDaily, AdViewGlobal, BizAdSplash and AdGateWorld and that the operators are persuaded they’ve found a word combination and legal structure that will neutralize critics and law enforcement should concerns about the sale of unregistered securities and a Ponzi and pyramid scheme be raised.
AVG, BAS and AGW were positioned by former ASD members as offshore “clones” of ASD. APD, like ASD, appears to be operating in the domestic United States.
In our view, APD’s presentation raises numerous red flags. At a minimum, it is starting out as an MLM absurdity, if not a potential monstrosity. To get a flavor of the absurdity, imagine that Walmart was clueless enough to start an autosurf and provide a corporate-approved greeter who says, “Welcome to Walmart Pay Daily. We count all the money out of sight in the back room at midnight to determine how much you get, and keep 50 percent of the cash for ourselves. Don’t worry. We have excellent lawyers, and we’ve instructed the money-counter not to rip you off.”
That’s effectively what APD is saying.
Another red flag is the fax number listed on a document APD refers to on its website as “Ad Pay Daily’s Conference Registration Form For July 30th and 31st 2010.” The fax number is listed online as a number used by a Kansas real-estate flipping company billed as National Flips. Like APD, the National Flips domain registration is hidden behind a proxy, although the website says this: “To learn how to become a Hard Money Lender and earn 30+% per annum, call [a telephone number] . . .”
Meanwhile, the invitation for the APD conference that uses the National Flips fax number says this — not once, but twice: “Any person who does not provide photographic proof of identity will not be permitted to attend this event, so don’t forget your photo ID.”
Why a photo ID would be required to attend a sales pitch for an advertising company is left to the imagination. Undercover Secret Service agents have been known to attend such functions, however.
Virtually every autosurf that has come along has used strange approaches or applied language tweaks designed to skirt securities laws, disarm critics and sanitize the “opportunities” for prospects. Serial autosurf promoters are infamous for telling prospects that a particular surf has found the magic pill that makes everything legal. Historically they rely on the surf operators to provide a legal cover. When things go south, they claim no one can blame them for promoting the schemes. After all, they relied on the assertions of the operators that everything was above-board and legal. They have been disingenuous in the same way that Alfred E. Neuman, Mad magazine’s fictional mascot, was disingenuous.
“What, me worry?”
Worry, however, appears to be front-and-center at APD, which is preemptively denying in multiple places that it is a Ponzi scheme. This strikes us as a big red flag. There are others.
ASD, Surf’s Up Members Become APD Players
During its early research into APD, the PP Blog has determined that a number of members of the alleged AdSurfDaily autosurf Ponzi scheme have high positions in the APD venture. Some of the former ASD members hold more than one position in the top 80 positions in APD, including a former Surf’s Up Mod who appears to hold positions 76 and 77. It is possible that another Surf’s Up Mod also is high up in the pecking order of APD affiliates at No. 56.
The Blog determined the names of APD promoters by researching the method by which APD creates affiliate links. At least one ASD member who made himself part of the ASD Ponzi litigation by submitting pro se pleadings holds positions 9 and 10 in APD, according to the affiliate links.
Surf promoters are not fond of pointing out the pain of previous prosecutions of autosurfs and the time-consuming and expensive litigation involving both the government and court-appointed receivers that may occur when a surf collapses. It is not uncommon for millions of dollars to go missing in a surf.
ASD’s Andy Bowdoin has told members that he has spent more than $1 million in his legal defense. Nothing (other than GIGO passed along by promoters) suggests Bowdoin was a man of means prior to the Secret Service raid on ASD’s headquarters in August 2008. His money for his defense appears to have come from ASD members. On a side note, Bowdoin tried to persuade members in September 2009 that the million dollars he dropped to keep himself out of prison was for their benefit. At the same time, he claimed his fight with the government was inspired by a former Miss America.
ASD gathered at least $65.8 million. When the sum seized in the Golden Panda Ad Builder action, which is part of the ASD litigation, is factored in, the number surges to more than $80 million. That’s a big number, of course — one that shows why others want to start surfs and just tweak and tweak and tweak in search of the elusive magic pill.
APD’s website was registered on Nov. 18, 2008. That’s just one day before U.S. District Judge Rosemary Collyer ruled that ASD had not demonstrated it was a lawful business and not a Ponzi scheme. APD’s domain-registration date also coincides with a string of registration dates by the so-called ASD clones:
Aug. 18, 2008: Domain name for AdGateWorld registered. (About two weeks after the ASD raid by the U.S. Secret Service, which is working in concert with the IRS and federal prosecutors.)
Sept. 22, 2008: Domain name for AdViewGlobal registered. (AVG had very close ties to ASD.)
Nov. 7, 2008: Domain name for BizAdSplash registered. (ASD and Golden Panda figure Clarence Busby purportedly was both the “chief consultant” and owner of BAS.)
APD’s domain was registered just 11 days after the BAS domain was registered and only a couple of weeks before ASD declared that the now-defunct Surf’s Up forum was its official organ for ASD news. Surf’s Up became infamous for shilling for Bowdoin, fracturing the facts of the ASD wire-fraud and money-laundering case and misinforming members.
Each of the surfs in the bullet points above failed spectacularly. Each of them blamed members for their problems. Each of them had promoters and members in common with ASD. Each of them also offered various “bonuses” to join — something APD is doing at the moment.
If a thousand people tell you the autosurf they’re promoting is the “real deal” and that they’ve done their “due diligence” — they are lying.
If you believe them, you are setting yourself up to be fleeced and perhaps even dragged into court, perhaps as a reluctant victim or perhaps even as a defendant in a fraud case.
If you promote the surfs, email prospects, attach your referral URL to forum and web posts, set up forums to pimp these miserable businesses, accept commissions, provide strategic advice or an “earnings calculator” or spreadsheet, tell people to “call” you for details, maintain a list of surfs that are “working” and surfs that are not, defend the surfs in forums, repeat Garbage In, Garbage Out (GIGO) from the program owners and claim you had no ill intent when the surf failed because you were relying on the assertions of your upline sponsor or the program owner, well, you are asking for trouble.
The SEC told you that three years ago with the 12DailyPro prosecution and the follow-up prosecutions of Phoenix Surf and CEP.
And the U.S. Secret Service told you that almost 18 months ago with the prosecution of AdSurfDaily, Golden Panda Ad Builder and LaFuenteDinero. Moreover, the President of the United States and the Attorney General of the United States told you that last year with the creation of the Interagency Financial Fraud Enforcement Task Force.
Plan to defend your surf participation on the grounds people are free to make up their own minds and that the government has no right to interfere with commerce? Congratulations. You’ve just provided aid and comfort to securities fraudsters, narcotics traffickers, drug dealers and people engaged in human trafficking.
That’s their argument, and that makes you their intellectual soulmate. It also was the argument for slavery in the 19th century and earlier. Society rejected the argument long ago. It was far too taxing on the intellect and the human soul to be assigned any continuing credibility. The poison you deliver through your Ponzi is at least the equal of the poison the man hiding in the shadows of the school yard wants to deliver to your child.
Selling a Ponzi? You are selling people into financial bondage. You might as well sell human beings to the highest bidder on Public Square: Ponzi = Slavery To Money Lost. That’s what you’re selling, and it consumes human souls.
Willful Blindness
Still an autosurf player? There you are, still ignoring information published in the open, still flailing, still pimping, still telling people this one is “different,” still pretending that the enterprises are wholesome or a “game” or a nontraditional investment, still persuading yourself daily that there is no way that any of the money gathered by these schemes could fall into the hands of people who’d sooner drop a bomb on your office than assign you or your family members and friends any worth as human beings.
Perhaps you’re even signing your emails with a “God Bless” or a religious reference. Maybe you’re even including a disclaimer of some sort, perhaps not recognizing that you’re setting the stage to be labeled an affinity fraudster in addition to being labeled a financial fraudster — and providing investigators the evidence of “consciousness of guilt” by all the ducking and weaving and dancing you’re doing in your bid to find words to insulate yourself from liability.
“God bless” makes you look like a crook in the context of autosurfs and HYIPs. The disclaimer makes you look like a common fraudster who’s made a cold calculation and arrived at the conclusion you’re smarter than the cops and the regulators.
You likely haven’t seen a disclaimer along these lines, but here is what the standard disclaimers mean — no matter how they’re dressed up, no matter how polite the language:
I am a common fraudster, but I’d like you to think I’m an “industry” expert and a thoughtful sponsor. Basically I’m a parrot: I repeat what the program owners tell me. Usually I’m better with words than they are, so I dress it up. I’m smart enough to know that no real due diligence is possible with these things. They don’t publish financials. They all use offshore payment processors. There is no real way to check on any financial claims. I got “paid” and others got “paid” is good enough for me. I’m willing to take the risk that the money generated by the surfs will be used for peaceful purposes, rather than building bombs.
Every autosurf (and HYIP) I’ve pitched has failed. Some of the operators are the subjects of criminal actions and lawsuits filed by the government and members of the surfs. Some of the participants had criminal records, had been arrested for felonies, had been charged civilly with securities fraud or had been sued for other wrongdoing. I didn’t bother to tell you these things because I didn’t really know and, besides, it was not my job to do the research. My job is to be willfully blind. My job is to show you what’s out there and let you make up your own mind — you being an adult and thus free to make your own choices. I just want your money.
Don’t come crying to me if the surf fails after you’ve signed up under me. I’m a victim, too, but I won’t whine about it. Too much risk of getting caught. Stick with me and we’ll become victims in one scheme after another. For now, I’ll make the most money because my list is bigger than yours and I run a forum and am an active participant in other forums. Follow my lead. Build your surf list. Start a forum — and you can be a victim just like me!
You are on thin ice for even participating in a surf. This ice becomes thinner yet if you make the decision to become a pimp. You could find yourself all alone — in need of an attorney.
Under The Microscope
Have you read any of our coverage of the alleged Trevor Cook/Pat Kiley Ponzi scheme in Minnesota? We have published a number of stories demonstrating that local communities are paying close attention to the Ponzi players in their midst. Neighbors and local cops are putting the alleged schemers under the microscope.
Cook was videotaped in a grocery store after the Ponzi allegations surfaced because a loss-prevention specialist thought he just might be using the store to deplete assets of the receivership estate. His wife also was videotaped. The 71-member police department in Eagan, Minn., contacted the receiver in the case to report Cook was using a credit card after his assets were frozen.
The general public and its representatives have connected the dots autosurf and HYIP promoters refuse to connect, let alone acknowledge: Ponzi = Pain, and Ponzi = Scrutiny — even by the local cops and grocers and retailers.
Trevor Cook now has been jailed for contempt of court. A federal judge has ordered him to turn over tens of millions of dollars investigators have traced to the alleged scheme. Jamie Solow was ordered to jail in Florida for trying to hide assets in the Cook Islands in another fraud scheme.
Still undecided on where you stand on the issue of autosurfs and HYIPs? Ask yourself if you want to be videotaped when you go into the store to buy a loaf of bread — or videotaped as you return to your car. Ask yourself if you want to be sitting in court watching a video produced by a camera that even captured the numbers on your license plate.
That’s how much regard society has for Ponzi schemers these days. If you get named in a Ponzi complaint, you’re going to be on TV, in the newspapers, on the radio, on the Internet. You’re even going to be on the video the store detective is shooting because he figures you’re up to no good.
And if you are promoting autosurf and HYIP schemes today, you are sticking out like a sore thumb. You may be putting your freedom at risk because you cannot say no to the money and continue to believe that, if there’s a hole, you can wiggle out of it with your command of language or by playing the victims’ card.
You are not a victim if you are continuing to promote autosurfs and HYIPs. You are a perpetrator.
‘Offshore’ Beacon Signals The Crime
Ever receive a pitch highlighting the advantages of an “offshore” surf or HYIP enterprise? The people who send you such pitches want you to think that “offshore” equals “safe.” You should regard such pitches as clear evidence you are being scammed by a criminal, one who is willing to lie to separate you from your money and perhaps even make you part of a court case.
The three so-called AdSurfDaily clones — BizAdSplash, AdGateWorld and AdViewGlobal — all have tanked. Each launched in the aftermath of the federal seizure of tens of millions of dollars from ASD. Each domain name for the clones was registered after the seizure. Each of the clones highlighted “offshore” locations. Promoters preached the gospel of having learned from ASD’s mistakes.
Like a bunch of Stepford children, ASD members lined up to promote the clones. The clones filled their “membership” rosters with ASD members looking for a way to retrieve their ASD losses.
Andy Bowdoin put some ASD members in desperate straits. All three of the clones traded off that misery, positioning themselves as cures for what ailed ASD, while they also benefited from Bowdoin’s antigovernment missives. He fanned the flames, told the troops that the U.S. Secret Service — the agency that guards the President and the Treasury — was comprised of Nazis and terrorists responsible for losses 30 times greater than the 9/11 losses.
We’re of the mind that very few true BAS, AGW and AVG victims exist. There is good reason to believe that most of the earliest members of the clones also belonged to ASD. Their participation in the clones speaks of a willful blindness — and also of a desire to enrich themselves by trading off the misery of those who would come later.
It is particularly galling — almost galling beyond measure — that some of the earliest members of the clones were complaining about “slow” refunds in the ASD case. They were perfectly willing to see themselves as ASD “victims” if it meant getting back a share of their money from restitution proceeds. At the same time, they were perfectly willing to rail against the members of law enforcement who stopped the ASD scheme from mushrooming — all while they were trying to help the clones mushroom to pocket commissions and make up for ASD losses.
Those positions are irreconcilable. They speak compellingly of egregious intent to defraud.
Looking for your BAS, AGW or AVG money? Good luck. It could be in the pocket of an insider or a serial promoter. It could be in any number of offshore banks or payment processors — or it could be hidden practically anywhere. The cash is not in plain view, to be sure.
We sincerely hope the investigators dug down deep into the filthy laboratories of these schemes — and just observed and observed and observed and interacted with the “players” undetected, using the intelligence they gathered to set the stage for a spectacular autosurf and HYIP takedown to come.
In the near term, members of BAS, AGW and AVG who also were members of ASD should be excluded from the proposed ASD restitution fund. The days of willful blindness and wink-nod need to come to an end.
UPDATED 12:04 P.M. ET (U.S.A.) BizAdSplash (BAS) now says it may be offline until Jan. 11. “due to the challenges of the transfer of our servers.”
A message website visitors see is confusing because it does not state plainly when the autosurf will return. Rather, it says BAS will come back online “on or before January 11th.”
The message is unsigned. BAS, which suspended member cashouts and declared a “crisis” in July because it had overpaid members, later returned. The site appears to have gone offline again Dec. 23, but initially reported that it would return today.
BAS lists its “chief consultant” as Clarence Busby, the former president of Georgia-based Golden Panda Ad Builder, the so-called “Chinese” option for AdSurfDaily members. The U.S. Secret Service seized tens of millions of dollars in a civil-forfeiture case against ASD and Golden Panda assets in August 2008.
After reconciliations, about $14 million was attributed to Golden Panda. More than $65 million was attributed to ASD.
All three of the so-called AdSurfDaily clone surfs that promoted “offshore” locations after the seizure of ASD and Golden Panda’s assets — BAS, AdViewGlobal and AdGateWorld — now have either have gone offline or are existing in unclear forms.
All three of the surfs tried to implement reconfigurations. None appears to have been able to sustain itself in a new form. BAS repeatedly has cited server problems as a reason for its absence.
Eight U.S. Senators have introduced a resolution calling for banking sanctions against the Caribbean island nation of Antigua for stonewalling in the Ponzi scheme investigation of Allen Stanford.
The senators said Stanford might have lent the Antigua government “at least” $85 million before the alleged scheme collapsed earlier this year and that the money “presumably came from Stanford investor funds.”
Stanford is accused by U.S. regulators and criminal prosecutors of presiding over a multibillion-dollar Ponzi scheme through the sale of CDs. He is jailed in Texas awaiting trial.
The resolution calls on the United States to use its voices in the International Monetary Fund and the World Bank “to oppose making any loans to the Government of Antigua and Barbuda until that Government cooperates with the United States and compensates the victims of the Stanford Financial Group fraud.”
“Instead of stonewalling efforts to recover assets linked to the scam perpetrated by Allen Stanford and his firm, the government of Antigua and Barbuda should join U.S. and international organizations in trying to find some measure of justice for victims,” said Sen. Thad Cochran, R.-Miss. “Government officials in Antigua and Barbuda must understand that their lack of cooperation is unacceptable.â€
A Democrat — Sen. Jeanne Shaheen of New Hampshire — joined seven Republicans in introducing the resolution.
One Republican said Antigua and Barbuda were acting in “absurd” fashion.
“The Ponzi scheme perpetrated by Allen Stanford cheated thousands of people, many of them in the United States, out of their investments,†said Sen. Richard Shelby of Alabama.
Shelby is ranking Republican on the Senate Committee on Banking, Housing and Urban Affairs.
“It is essential that to the extent possible these victims get their money back,” Shelby said. “It is absurd that the Government of Antigua and Barbuda is standing in the way of helping victims, while also holding out its hand for funding. This resolution makes clear that the United States will not accept such behavior.â€
A Mississippi Republican agreed.
“Thousands of people have been victimized by the Stanford Ponzi scheme, including many who lost their life savings,†said Sen. Roger Wicker. “The cooperation of the Antigua government is essential to helping the victims of this fraud, but this assistance has been consistently denied. It is completely unacceptable for Antigua to receive any loan from the IMF and the World Bank, both of which receive significant funding from U.S. taxpayers. The American government needs to let it be known that this lack of cooperation is not acceptable. This resolution will send that message.â€
The alleged Stanford Ponzi sparked a banking crisis that rippled across the Caribbean and into Central and South America. At least one autosurf made a veiled reference to the crisis in February.
BizAdSplash was one of three surfs that came to life in the months following the seizure of funds tied to AdSurfDaily Inc., a surf registered in the United States and accused of running a $100 million Ponzi scheme.
One of the key sales points of BizAdSplash was its purported offshore location. Two other surfs — AdViewGlobal and AdGateWorld — also bragged about being offshore. Promoters for the surfs said the offshore locations provided protection from the SEC, the IRS and state attorneys general. Promotions for the new surfs repeatedly referenced ASD.
“We want to let you know that even though our banks in Panama are closed for the next day and half, the payment processors are NOT CLOSED,†BizAdSplash said on Feb. 24. “You can still buy Ad Packages through your chosen payment processor. You will get your 100% match today and will continue into next week.
“So,†BizAdSplash continued, “if you purchased new Ad Packages yesterday from outside your Balance, you received a 100% matching bonus.
“This 100% matching bonus will continue on today, through the weekend and on through Friday, March 6th!!!†the surf exclaimed.
On Feb. 27 — just three days later — BizAdSplash told customers it was ending its affiliation with StrictPay, a payment processor with Panamanian ties.
Yesterday we reported that the British Columbia Securities Commission (BCSC) ordered penalties and disgorgement totaling $42 million in the case against Legacy Capital Inc., Legacy Trust Inc., Manna Trading Corp Ltd. and Manna Humanitarian Foundation.
We reported several parallels to the ongoing investigation in the United States into the business practices of AdSurfDaily/Golden Panda Ad Builder and the AdViewGlobal (AVG) autosurf.
Another parallel has emerged, and it is a significant one: Two of the principals in the Canadian scheme previously had been disciplined for banking or securities violations.
Hal (Mick) Allan McLeod was disciplined by the British Columbia Superintendent of Financial Institutions in 2003 for violations of the Financial Institutions Act and ordered to “cease carrying on a trust or deposit business,” BCSC said.
Citing the superintendent’s order, BCSC said two companies with which McLeod had served as a director — First Capital Trading & Financing Corp. and First Capital Credit Corp. — “took and kept funds from the public, and engaged in conduct that was deceptive and misleading.”
David John Vaughan, meanwhile, “was disciplined by this Commission [in 1999] for engaging in an illegal distribution that had many features in common with the Manna scheme,” BCSC said. “Orders against him from that misconduct remain in force today.”
In the 1990s, both ASD President Andy Bowdoin and Golden Panda Ad Builder President Clarence Busby had run-ins with securities regulators.
Bowdoin pleaded guilty to felonies in Alabama and was sentenced to a year in prison. The sentence was suspended when he agreed to pay restitution. In August 2008, he sent his victims a restitution check for $100. One month earlier, in July 2008, nearly $50,000 in ASD funds were used to purchase a luxury Lincoln sedan registered in the name of Bowdoin/Harris Enterprises, prosecutors said.
Florida now has revoked ASD’s corporate registration and dissolved the registration of Bowdoin/Harris Enterprises. Although both companies are involved in serious litigation that potentially affects thousands of people, neither company submitted required annual reports to maintain their corporate standing. Florida provided the companies a five-month buffer to file the required paperwork. Neither firm complied.
In May 1998, a federal judge permanently enjoined Clarence Busby from violations of the Securities Act of 1993 and the Securities Exchange Act of 1934. Busby was ordered to pay $15,000 in disgorgement for ill-gotten gains he had received “from sales of interests in three prime bank schemes,” the SEC said.
The SEC waived the penalty because Busby certified he was unable to pay, the SEC said.
Busby and Bowdoin went on a decade later to form Golden Panda Ad Builder after discussing the surf on a Georgia fishing lake in April 2008. In July 2008 — just prior to the seizure of tens of millions of dollars from the bank accounts of ASD and Golden Panda — Bowdoin distanced himself from Busby after Busby’s run-in with the SEC became known publicly.
The “cause and effect” of Bowdoin’s actions with Golden Panda never has been clear. For example, was Bowdoin really too busy to run Golden Panda with Busby — as Bowdoin suggested — or did Bowdoin distance himself from Golden Panda because he learned about Busby’s alleged SEC violations and feared the allegations could lead to a probe of ASD?
Golden Panda surrendered its claim to more than $14 million in the U.S. Secret Service probe. Busby now is listed as the “chief consultant” to BizAdSplash (BAS), another surf — one that purports to be operating offshore.
BAS suspended payouts earlier this year, and then announced a relaunch. The firm, according to its website, now is selling tiered “charter memberships” for as much as $10,000.
A “Presidential” charter membership is priced at $10,000; an “Executive” charter membership is priced at $5,000. Two other tiered charter memberships — “Visionary” and “Pioneer” — are sold at $2,500 and $1,000, respectively.
BAS has not updated the news on its website since Oct. 7, nearly three weeks.
Canadian officials say the whereabouts of three of the respondents in the Manna probe who were ordered to pay huge financial penalties is unknown. McLeod, Vaughan and Kenneth Robert McMordie (also known as Byrun Fox) “have fled the jurisdiction,” BCSC told The Globe and Mail, in a story published this morning.
The Royal Canadian Mounted Police have opened a criminal investigation, BCSC said.
Like ASD/Golden Panda, AVG and BizAdSplash, the Canadian Ponzi schemers pushed debit cards to offload profits, BCSC said.
“Manna fraudulently used the investments of later investors to fund the promised returns to earlier investors, to pay commissions to the affiliates and consultants, to invest in an online gaming business, and to buy real estate in Costa Rica,” BCSC said.
Other traits the Canadian scheme and the alleged U.S. scheme involving Bowdoin, Busby and offshoot companies had in common include:
Secrecy. AVG, for instance, did not identify its executives, morphed into a “private association” and advised members not to share information outside association walls.
False information. Some ASD members repeatedly have asserted that the U.S. government has admitted ASD was not a Ponzi scheme. Other members have sent emails that suggest participants should not cooperate with the U.S. Secret Service.
Offshore venues. Both AVG and BAS, for example, claim connections to South America and Central America, leading to fears that money could be hidden.
Use of ‘common law’ in various writings. Some ASD pro se litigants have cited common law in court filings in defense of the surf. One apparent argument of the litigants is that all commerce is legal as long as there is is contract between two parties. In the Canadian case, some purveyors of the scheme pushed what authorities described as a “private common law spiritual trust.â€
Efforts that can be viewed as intimidation tactics. AVG, for example, threatened to sue members who shared information and to file abuse complaints with the Internet Service Providers of participants who complained on online forums.
Purported ties to charitable entities. AVG, for instance, advertised that it supported the World Rain Forest Movement. In Canada, Manna advertised the Manna Humanitarian Foundation.
An MLM-style sales structure. All of the Canadian and U.S. entities sold the programs as multilevel marketing opportunities.
Earnings “compounding.” Both the Canadian schemes and the alleged American schemes encouraged members to keep money in the systems and employ compounding strategies to maximize earnings.
Even as bank failures and foreclosures were piling up in Georgia last year, a man associated with at least four failed autosurf companies was filing lawsuits against mortgage companies and 1,000 “Doe” defendants amid claims he did not know the “true names” of the “real lenders.”
