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Tag: Brett Blackman

  • URGENT >> BULLETIN >> MOVING: Brett Blackman, President Of Collapsed ‘Noobing’ Autosurf, Subjected To $27 Million Judgment In ‘Grants’ Scheme And Banned From Marketing Money-Making ‘Opportunities,’ FTC Says; Blackman Firm Faces Separate $27.2 Million Judgment

    URGENT >> BULLETIN >> MOVING: The price of Brett Blackman’s serial scamming finally has been determined: $54.2 million.

    Blackman, the president of an autosurf known as “Noobing” that targeted people with hearing impairments, has been subjected to a personal judgment of $27 million and banned from marketing money-making “opportunities,” the FTC said.

    Blackman also has been kicked out of the telemarketing business, the agency said.

    Noobing was among a group of companies that operated under the banner of Affiliate Strategies Inc. (ASI), which the FTC and the attorneys general of three states sued in 2009 in an alleged scam that offered “guaranteed” government grants of $25,000.

    ASI has been subjected to a judgment of $27.2 million. It also has been banned from offering money-making “opportunities” and telemarketing, the FTC said.

    Although Noobing was not named in the complaint, the surf collapsed from the strain and got dragged into the ASI mess. Larry Cook, a court-appointed receiver, said in 2009 that Noobing was upside down to the tune of $550,000 when the FTC brought the fraud action against ASI and other defendants.

    Noobing became popular after the seizure of tens of millions of dollars in the AdSurfDaily autosurf case in 2008. ASD members helped popularize the purported “opportunity.” During Cook’s ASI investigation, he determined that U.S.-based Noobing also had an offshore arm on the Caribbean island of Nevis.

    A federal judge ordered all offshore cash repatriated.

    The ASD and ASI cases have strange parallels. Both firms displayed a zeal for religion that incongruously clashed with romantic thoughts about offshore autosurf profits, as though involving people of faith in fraud schemes somehow was consistent with Biblical principles and offshore insolvency somehow was less problematic than insolvency in Florida or Kansas.

    Meanwhile, both firms had acquired jet skis, according to court records. Both firms later lost their water toys through forfeiture or seizure.

    Both Noobing and ASD positioned themselves as victims of an out-of-control government. After shills helped Noobing gain a head of steam on the Ponzi scheme forums — as though the ASD seizure never had occurred — enthusiasts proceeded to engage in spectacular fantasies of building wealth by viewing ads in Noobing’s rotator.

    Those fantasies collapsed when Noobing suddenly slashed payouts, bizarrely citing a purported unclear ruling in the ASD case months after a federal judge said ASD had not demonstrated at an evidentiary hearing that it was not operating as a Ponzi scheme. Noobing’s former wink-nod cheerleaders then advanced a scheme by which they’d file for credit-card chargebacks amid claims Noobing did not perform as advertised.

    Noobing, though, turned the tables by denying refunds and claiming surfing rebates never were guaranteed — a strategy ASD itself allegedly had employed to insulate itself from prosecution for selling unregistered securities. Former Noobing cheerleaders became livid, creating a Ponzi forum PR disaster for the firm.

    Former Noobing cheerleaders wanted their money — and they wanted it right now.

    Noobing’s turning of the tables, however, did not last long. Within months the FTC brought the fraudulent grants case — and what remained of the wreckage of Noobing was consumed in a sea of litigation that had grown to include a fourth state attorney general joining the case against ASI and the other defendants.

    Blackman is unable to pay the $27 million judgment, the FTC said, adding that ASI is unable to pay its $27.2 million judgment.

    In the end, not even Noobing’s offshore plan, Ponzi forum presence and autosurf cash cow were enough to prevent the collapse of the ASI marketing machine because the surf itself was insolvent and the companies were recycling money back and forth.

    “The Receiver’s work over the past three weeks suggests the Defendants’ operations were insolvent on the date [July 24, 2009] the [Temporary Restraining Order] was entered and that for at least all of 2009, Defendants operated only by signing up new victims faster than the old victims could obtain refunds,” Cook said in a devastating preliminary report in August 2009.

     

  • BULLETIN: Autosurf Biz Takes Another Pounding; Federal Judge Adds Noobing As Receivership Defendant In Fraud Case Against Parent Company; 14 Other Subsidiaries Named

    UPDATED 6:05 P.M. EDT (U.S.A., Jan. 20, 2011.) In yet another case that portends disaster for the so-called “autosurf” industry, a federal judge has ordered the Noobing autosurf to be added as a receivership defendant in a fraud case brought against its parent company.

    The FTC and attorneys general from Minnesota, North Carolina and Kansas brought the case against Noobing’s parent — Affiliate Strategies Inc. (ASI) — in July 2009. Several other companies were named defendants in the case, which alleged the firms participated in a scheme that promised guaranteed government grants from economic-stimulus funds.

    Brett Blackman, ASI’s head, also was president of Noobing, members said. Noobing was not initially named a receivership defendant.

    U.S. District Judge Julie A. Robinson issued an asset freeze Sept. 1, along with stern orders to preserve evidence and repatriate to the United States all assets and documents held on foreign soil. She also broadened the powers of Larry Cook, the court-appointed receiver.

    Through his investigation, Cook determined that Noobing was operating under the umbrella of Apex Holdings International LLC, the same company under which ASI operated. Cook also determined that at least 14 other companies were operating under the Apex Holdings umbrella.

    Noobing, which was registered in the United States, also had an offshoot in Nevis, according to court filings. Noobing targeted people with hearing impairments.

    Cook asked Robinson last month to add Noobing and the other companies as receivership defendants after determining “each of the Subsidiaries used the same post office box as the [initial] Receivership Defendants.”

    Moroever, Cook advised Robinson that he had received “receive numerous inquiries from creditors, former independent contractors, and tax authorities for the Subsidiaries.” He further argued that “each of the Subsidiaries was entirely reliant upon the business operations of the [initial] Receivership Defendants.”

    Robinson, saying Cook had shown “good cause,” added Noobing and the others as defendants March 18.

    No party  — including the FTC, the state attorneys general, the initial set of defendants and the new defendants — objected, Robinson noted. In December, Illinois joined the FTC, Minnesota, North Carolina and Kansas in the action.

    On the previous day, March 17, FBI Director Robert Mueller III, without naming names, testified before Congress. Mueller said that “shell corporations” are emerging as a threat to the U.S. banking system because owners were using them “to facilitate the concealing of criminal proceeds” and engage in money-laundering.

    Neither Noobing not its corporate parent has been accused of a crime.

    In February, the U.S. Secret Service alleged in a civil forfeiture complaint that INetGlobal, a company that operates an autosurf, was engaged in money-laundering and wire fraud while operating a Ponzi scheme.

    INetGlobal is operated by Steve Renner, under his “umbrella corporation, InterMark,” the Secret Service alleged. The agency identified what it described as “subsidiaries,” specifically referencing “Virtual Payment Systems [LLC of Wisconsin/Brackets Denoting the LLC Designation added Jan. 20, 2011], V-Media, Cash Cards International, and V-Local,” as well as a company named “INet Global Productions.”

    NOTE IN BOLD ADDED JAN. 20, 2011: An Indianapolis-based company known as Virtual Payment Systems Inc. has contacted the PP Blog to let it know it is not affiliated with the Renner company Virtual Payment Systems LLC of Wisconsin, which is referenced in the paragraph above.

    “The commission by Renner of the federal crimes of wire fraud, in violation of Title 18, United States Code Section 1343, and money laundering, in violation of Title 18, United States Code Section 1957, is essential to the operation of this Ponzi scheme,” the Secret Service alleged.

    In August 2008, the Secret Service said AdSurfDaily, a Florida-based autosurf company, also was engaging in wire fraud and money-laundering while operating a Ponzi scheme.

    U.S. District Judge Rosemary Collyer — on Jan. 4, 2010 — ordered the forfeiture of more than $65.8 million in the personal bank accounts of ASD President Andy Bowdoin. A little more than a month later, on Feb. 23, the Secret Service moved against INetGlobal.

    Records show that ASD’s Bowdoin operated several corporations over the years. In September 2009, the state of Florida revoked the corporate registrations of AdSurfDaily and Bowdoin/Harris Enterprises Inc.

    The revocations occurred just four days after Bowdoin told members he had exciting plans for ASD’s future. Despite his claim, Bowdoin never bothered to submit the paperwork to keep the firm’s registration intact, despite having been given a five-month window to do so.

    In his remarks to members, Bowdoin said the government had seized the assets of ASD members. In his own sworn court filings, however, Bowdoin said the seized assets belonged to him and his company.

    The Secret Service transcribed Bowdoin’s remarks, and presented them to Collyer Sept. 28. Federal prosecutors said Bowdoin’s remarks were evidence that “this con man cannot manage to keep his stories straight.”

    Collyer ordered the ASD asset forfeiture a little more than three months later. In the INetGlobal case, the Secret Service said one of its undercover agents was on the receiving end of a sales pitch from an ASD member who was trying to recruit the agent into INetGlobal.

    Renner’s autosurf  “began operating just weeks after ASD was put out of business by the Secret Service, and this new entity uses the same terminology and business model as ASD,” the agency said in an affidavit for a search warrant.

    At least one of the undercover agents working the INetGlobal case also worked the ASD case, according to court filings. The Secret Service searched the Web for an INetGlobal affiliate site, and the INetGlobal affiliate who pitched the undercover agent also had been an ASD member, according to the affidavit.

    “The member asked if [the undercover agent] was a network marketer,” the Secret Service said. “The member said he had previously been a member of ASD . . . and said, ‘We know what happened there.’

    “The member said he was reluctant to join iNetGlobal due to it being similar to ASD,” the agency continued in the affidavit. “The member said, ‘we all know what this program is.’” The member said his daughter and wife surfed the websites and the member did not care about the services provided. The member said he just wanted to put his money in and get it out. The member said you convert your earnings to V-cash and then receive payouts by check or through an ATM card you can sign up for.”

    Less than a month later, FBI Director Mueller told Congress that “shell corporations” and “stored value” debit devices and “reloadable debit cards” increasingly were being used “to move criminal proceeds.”

    “This has created a ‘shadow’ banking system, allowing criminals to exploit existing vulnerabilities in the reporting requirements that are imposed on financial institutions and international travelers,” Mueller said.

    Mueller did not name any companies in his Congressional testimony.

  • RECEIVER REPORT: Jet Ski Owned By Noobing Autosurf’s Parent Company Fetches $1,800 At Auction; Office Equipment Fetches $12,500

    A court-appointed receiver has described the accounting records of Affiliate Strategies Inc. (ASI) as a mess, saying “an opinion on the accuracy of these records is not possible without an extensive audit that would require significant additional costs.”

    ASI is the parent company of the Noobing autosurf, which targeted deaf people in sales promotions. ASI and its president, Brett Blackman, were sued by the Federal Trade Commission last year for their alleged roles in a scheme that promised guaranteed government grants of $25,000 from economic-stimulus funds.

    Several other companies and individuals were named in the FTC complaint. Although Noobing was not named in the FTC complaint, receiver Larry Cook examined Noobing’s records last year and made a preliminary determination that it was insolvent. The Noobing website has been offline for months.

    Attorneys general from Kansas, North Carolina, Minnesota and Illinois joined the FTC in the action.

    In October, U.S. District Judge Julie A. Robinson authorized Cook to sell ASI’s assets, including office equipment, a vehicle and a jet ski.

    In a report to Robinson filed last week, Cook said the office equipment fetched $12,500 at auction. Meanwhile, the vehicle — a 2003 Saturn L200 — fetched $2,500. The jet ski — a 2005 Yamaha — brought in $1,800.

    In August 2009, Cook said in a preliminary report to the court that “the ASI defendants have formed and operated eighteen additional Kansas LLCs as subsidiaries of Defendant Apex Holdings International LLC.” One of the companies was Noobing, which listed registrations in both the United States and Nevis.

    Kris Rogers, who was the comptroller for ASI and president of an affiliate company known as Custom Accounting Services LLC, told Cook that “the expenses of [the] combined companies have exceeded the revenues since October or November 2008,” according to court filings.

    If Rogers’ assertions are true, it means that both Noobing and ASI — its parent company — were insolvent when the Noobing autosurf was collecting money with the suggestion that participants could earn a return of up to 3 percent a day. Noobing slashed daily payouts in early 2009, an act that caused an uproar on the Ponzi boards.

    Noobing blamed the slashed payout on what it described as an unclear ruling in the AdSurfDaily case. The company did not say why it chose to collect money using a business model that U.S. government has challenged in repeated court cases. After Noobing members complained, the company explained that payouts never were guaranteed.

    Noobing became popular after the August 2008 seizure of tens of millions of dollars from Florida-based ASD amid Ponzi scheme allegations. After the FTC and the attorneys general took the action against ASI and other defendants in the alleged grants scheme, Cook made a preliminary determination that Noobing was nearly $550,000 in the hole.

    When the financial records of the ASI-affiliated records were examined as a whole in Cook’s preliminary analysis last year, he found that “over twenty-five thousand accounting
    transactions, including several thousand intercompany transfers” had oocuured.

    “The transfers between the various LLCs make it difficult to sort out the net result and profits or losses sustained by each LLC,” Cook said.

    “The Receiver’s work over the past three weeks,” Cook said in August 2009, “suggests the Defendants’ operations were insolvent on the date [July 24] the [Temporary Restraining Order] was entered and that for at least all of 2009, Defendants operated only by signing up new victims faster than the old victims could obtain refunds.”

  • BREAKING NEWS: Water Toy Does Not Survive: Federal Judge Approves Liquidation Plan That Demolishes Parent Company Of Noobing Autosurf; Jet Ski, Car, Computers, Furniture — Even A Wastebasket Ordered Sold

    Noobing pitched itself to deaf people on YouTube.
    Noobing pitched itself to deaf people on YouTube.

    A federal judge has given the go-ahead to a court-appointed receiver to sell the assets of Affiliate Strategies Inc. (ASI), the parent company of the Noobing autosurf.

    U.S. District Judge Julie A. Robinson of the District of Kansas approved the plan submitted by receiver Larry Cook. The plan authorizes Cook to sell the assets in auction lots — right down to a stainless-steel wastebasket in the women’s restroom.

    Robinson’s order permits Cook to sell ASI’s jet-ski, a 2005 Yamaha, along with a 2003 Saturn automobile owned by the firm.

    “[Cook] previously determined the Receivership Defendants’ business operations could not be operated legally and profitably,” the receiver’s attorney, Brian M. Holland, said in a court filing.

    AdSurfDaily, a Florida company implicated in an alleged $100 million Ponzi scheme, used money to purchase two jet skis, federal prosecutors said.

    ASI’s furnishings, furniture, computer equipment, servers and related equipment all will go. Included in the equipment are the Compaq 6820 notebook computer used by ASI/Noobing President Brett Blackman, and the Lenovo SL500 notebook computer used by Noobing programmer Mike Reed, according to court filings.

    Neither Noobing nor Reed was named a defendant in the July action filed by the Federal Trade Commission and the attorneys general of Kansas, Minnesota and North Carolina. Noobing’s website, however, went offline in the wake of the action against ASI and several affiliated firms and individuals, including Blackman.

    One of the affiliated companies — the Grant Writer’s Institute — was alleged to have sold a fraudulent program that offered “guaranteed” government grants from economic stimulus funds. Separately, Cook said his preliminary investigation revealed that a 70-year-old Philadelphia man had been charged $995 for the names and addresses of three benevolent entities that could help him repair the aging home he shared with his wife.

    Noobing targeted deaf people in promotions. Although the Noobing surf was not named a defendant in the FTC action, Cook’s preliminary assessment revealed Noobing had gathered $590,000 in revenue last year and more than $541,000 this year.

    Cook estimated that the surf was in the hole nearly $550,000 since last year.

    Noobing participants became furious in February, when the surf slashed daily payouts to a fraction of 1 percent after paying up to 3 percent earlier.

    Some members said Noobing should provide refunds, but Reed said on the ASA forum that no refunds would be granted because the company never guaranteed a return. Regardless, some participants said they’d get their money back by filing chargebacks with credit-card companies.

    Critics said the practice was contemptible, pointing out the wink-nod nature of autosurfs and the stress it puts on banks. On one hand, participants are happy to accept Ponzi payouts from the surfs. On the other, in order to perform a chargeback, they claim surfs failed to deliver the “advertising” they paid for when a surf slashes payouts.

    Such an approach costs banks time and money. Some veteran autosurf pushers who position themselves as experts recommend the chargeback approach, in effect using banks to guarantee “advertising” purchases from the surfs even if surfs that slash payouts or suspend them still are displaying ads.

    The ASA forum is a popular site among autosurf enthusiasts. Critics call it a Ponzi board for both autosurfs and HYIPs.

    Noobing blamed its decision to slash payouts on uncertainty in the ASD case.

    “If there is a bad guy in this whole story, it’s the government!” Reed exclaimed on the ASA forum in February. “Let’s get mad at them! How can sharing our revenue to help control costs for legitimate advertisers be a bad thing? How can keeping $90+ million dollars to protect the people who worked with ASD be a fair result? It’s madness!!! Our government is the bad guy here, not Noobing.

    “Let’s get mad at the source of this challenge!” Reed railed. “Call your congressman, send letters, speak publicly!!”

    Some ASD promoters pushed Noobing after the U.S. Secret Service seized tens of millions of dollars from ASD last year in a wire-fraud, money-laundering and Ponzi scheme probe.

    Cook said the case against ASI and co-defendants was going to take some time to unwind because of thousands of intercompany transactions and the fact that some of the entities had registered as corporations offshore.

    “Of immediate concern is the large distributions and salary paid to defendant Brett Black[man] since 2008,” Cook advised Robinson in a preliminary report. “Per the QuickBooks accounting records, Blackman received $841,545 of distributions from Apex Holdings International, LLC in 2008 and made a net contribution of $491,559 into Affiliate Strategies, Inc. ($581,388 of contributions and $89,829 of distributions) for a total net distribution of $349,986, in addition to salary payments of $118,049.

    “In 2009,” Cook continued, “Blackman has received $253,506 of distributions from Apex Holdings International, LLC and has made a net contribution of $113,000 into Affiliate Strategies, Inc. ($349,000 of contributions and $226,000 of distributions). The total net distributions and salary to Blackman for 2008 and 2009 is approximately $490,000.”

    Cook said his assessment was ongoing. He reported that some of the accounts involved in the investigation had chargeback rates of as high as 77 percent, meaning that better than three of four customers who made credit-card charges requested refunds.

    Blackman, according to Cook, recently registered several corporations offshore, including Noobing; ASI Management Inc., formed in Belize on March 24, 2009; Landmark Publishing Group LLC, formed in Nevis on March 25, 2009; Landmark Publishing LLC, formed in Nevis on March 25, 2009; International Research and Writing Group LLC, formed in Nevis on July 1, 2009; and International Publishing Group LLC, formed in Nevis on July 1, 2009.

    All in all, Cook said, “the ASI defendants have formed and operated eighteen additional Kansas LLCs as subsidiaries of Defendant Apex Holdings International LLC.”

    Robinson previously ordered all offshore assets to be repatriated.

  • BREAKING NEWS: Receiver In FTC Case Against Parent Company Of Noobing Autosurf Seeks Wholesale Demolition Of Firm; Asks Judge To Approve Plan To Sell Assets — Right Down To Restroom Wastebasket

    Assets of the parent company of an autosurf firm that targeted customers with hearing impairments would be sold at auction — up to and including a stainless-steel wastebasket in the women’s restroom, according to a plan proposed by the receiver in the case against Affiliate Strategies Inc. (ASI) and other companies.

    ASI is the parent company of the Noobing autosurf. U.S. District Judge Julie A. Robinson of the District of Kansas would have to approve the plan submitted by Larry Cook, the court-appointed receiver.

    Screen shot from court filings: Part of the inventory of Affiliate Strategies Inc.
    Screen shot from court filings: Part of the inventory of Affiliate Strategies Inc.

    Robinson previously ordered ASI to repatriate to the United States all assets and documents held on foreign soil, and cleared the way for any safe-deposit boxes to be opened and inspected. The judge also ordered assets not to be concealed or dissipated and records not to be destroyed.

    In a coincidence that conjures images of another autosurfing company embroiled in litigation, Cook revealed in the plan that ASI owns a jet-ski. Federal prosecutors said in December that money from Florida-based AdSurfDaily Inc. (ASD) was used to purchase two jet-skis.

    Prosecutors seized ASD’s jet-skis in a forfeiture complaint and may choose to liquidate them later, if court approval is gained.

    Cook’s plan would sell ASI’s jet-ski, a 2005 Yamaha, along with a 2003 Saturn automobile owned by the firm.

    “[Cook] previously determined the Receivership Defendants’ business operations could not be operated legally and profitably,” the receiver’s attorney, Brian M. Holland, said in a court filing.

    The Grant Writer’s Institute — another company affiliated with ASI — was accused in August of charging a 70-year-old Philadelphia man $995 for the names and addresses of three benevolent entities that could help him repair the home he shares with his wife.

    One of the addresses proved to be the address of the Philadelphia Regional Office of the U.S. Department of Housing and Urban Development, which had been misidentified by the Grant Writer’s Institute as a benevolent organization known as “World Changers,” according to court filings.

    In July, ASI, the Grant Writer’s Institute and several affiliated firms and individuals were accused by the FTC and the attorneys general of Kansas, Minnesota and North Carolina of participating in a scheme that promised “guaranteed” grants of $25,000 from economic-stimulus funds provided by the government.

    Brett Blackman, president of Noobing, is the head of ASI.

    In August, Cook advised Robinson that the companies were insolvent and that attorneys had received “thirty two US Mail crates” filled with consumer complaints on a single day.

    Blackman, according to Cook, recently registered several corporations offshore, including Noobing, which was registered on the Caribbean island of Nevis on March 25, 2009; ASI Management Inc., formed in Belize on March 24, 2009; Landmark Publishing Group LLC, formed in Nevis on March 25, 2009; Landmark Publishing LLC, formed in Nevis on March 25, 2009; International Research and Writing Group LLC, formed in Nevis on July 1, 2009; and International Publishing Group LLC, formed in Nevis on July 1, 2009.

    All in all, Cook said, “the ASI defendants have formed and operated eighteen additional Kansas LLCs as subsidiaries of Defendant Apex Holdings International LLC.”

  • BREAKING NEWS: Judge Orders Offshore Assets Of Firm Associated With Noobing Autosurf Repatriated; Broadens Authority Of Receiver To Pursue Recovery

    In a ruling that may send shockwaves throughout the offshore autosurf “industry,” a federal judge has ordered the parent company of the Noobing autosurf to repatriate to the United States all assets and documents held on foreign soil.

    U.S. District Judge Julie A. Robinson also cleared the way for any safe-deposit boxes to be opened and inspected. Meanwhile, the judge gave Larry Cook, the receiver in the case against Affiliate Strategies Inc., Brett Blackman and other defendants, broad powers to exercise authority over individual and corporate assets of the defendants.

    At the same time, Robinson ordered assets not to be concealed or dissipated and records not to be destroyed.

    The defendants acknowledged no wrongdoing, but agreed to the order in a stipulation with the Federal Trade Commission and the attorneys general of three states. The order appears to apply to Noobing, which is registered both in the United States and the Caribbean island of Nevis, but is not named a defendant in the case.

    Noobing launched last year and was promoted by members of AdSurfDaily Inc., a surf firm from which the U.S. government seized tens of millions of dollars last year in a wire-fraud, money-laundering and Ponzi scheme probe.

    “[W]ithin 5 business days following the service of this Order, each Corporate Defendant and Individual Defendant shall (emphasis added):

    “A. Provide the Commission and the Receiver with a full accounting of all funds, documents, and assets outside of the United States which are (1) titled in the name, individually or jointly, of any Corporate Defendant or Individual Defendant; or (2) held by any person or entity for the benefit of any Corporate Defendant or Individual Defendant; or (3) under the direct or indirect control, whether jointly or singly, of any Corporate Defendant or Individual Defendant;

    “B. Transfer to the territory of the United States and deliver to the Receiver all funds, documents, and assets located in foreign countries which are (1) titled in the name, individually or jointly, of any Corporate Defendant or Individual Defendant; or (2) held by any person or entity for the benefit of any Corporate Defendant or Individual Defendant; or (3) under the direct or indirect control, whether jointly or singly;

    “C. Provide the Commission access to all records or accounts or assets of any Corporate Defendant or Individual Defendant held by financial institutions located outside the territorial United States by signing the Consent to Release of Financial Records attached to this Order as Attachment C.

    In an extraordinary warning titled “NONINTERFERENCE WITH REPATRIATION,” the judge ordered the defendants to walk the straight-and-narrow when repatriating offshore assets.

    She specifically banned “[s]ending any statement, letter, facsimile transmission, e-mail or wire transmission, or telephoning or engaging in any other act, directly or indirectly, which results in a determination by a foreign trustee or other entity that a ‘duress’ event has occurred under the terms of a foreign trust agreement, until all Assets have been fully repatriated . . .”

    And the judge took it one step farther, specifically ordering the defendants not to advise “any trustee, protector or other agent of any foreign trust or other related entities of either the existence of this Order, or of the fact that repatriation is required pursuant to a court order, until all Assets have been fully repatriated . . .”

    Robinson empowered Cook to assume full “control of the Receivership Defendants by removing, as the Receiver deems necessary or advisable, any director, officer, independent contractor, employee, or agent of any of the Receivership Defendants, including any Individual Defendant, from control of, management of, or participation in, the affairs of the Receivership Defendants.”

    Cook also was empowered to use his discretion to separate alleged perpetrators from alleged victims.

    The receiver “shall have full power to divert mail and to sue for, collect, receive, take in possession, hold, and manage all assets and documents of the Receivership Defendants and other persons or entities whose interests are now under the direction, possession, custody, or control of, the Receivership Defendants,” Robinson said.

    In her order for assets not to be dissipated and records not to be destroyed, Robinson defined documents as “equal in scope and synonymous in meaning to the usage of the term in Federal Rule of Civil Procedure 34(a), and includes, but is not limited to, writings, drawings, graphs, charts, photographs, audio and video recordings, computer records, and any other data compilations from which information can be obtained.”

    Read the judge’s order.

  • RECEIVER: Firm Associated With Noobing Autosurf Charged Senior Citizen In Search Of Housing Grant $995 For Three Names And Addresses Of Providers; One Of The Addresses Proved To Be Regional HUD Office

    UPDATED 2:11 P.M. EDT (U.S.A.) A company associated with the Noobing autosurf charged a 70-year-old Philadelphia man on Social Security $995 for the names and addresses of three entities that possibly could help him secure a grant to repair his rapidly deteriorating home, according to the receiver in the fraud case against Affiliate Strategies Inc., Brett Blackman and other defendants.

    Noobing pitches itself to the deaf on YouTube.
    Noobing pitches itself to the deaf on YouTube.

    Noobing itself targeted people with hearing impairments, according to web records and YouTube videos. The Kansas-based surf came to life after the U.S. Secret Service seized tens of millions of dollars last year from Florida-based AdSurfDaily Inc., amid allegations of wire fraud, money-laundering, selling unregistered securities and operating a Ponzi scheme.

    Noobing was promoted by some ASD members after the government filed a forfeiture complaint against ASD in August 2008.

    Meanwhile, the Federal Trade Commission now says Blackman received more than $1.37 million from various entities under the ASI umbrella in 2008 and 2009 and also benefited from perks.

    “ASI paid personal expenses for cleaning services, landscaping services, and moving services,” the FTC claimed in court filings this week. “Plaintiffs believe, based on interviews with former employees, that these expenses were paid on behalf of Brett Blackman, and categorized as ‘executive expenses.’”

    Blackman and the other defendants said in court filings that the various business enterprises named in the complaint filed last month by the FTC and attorneys general from three states provided legitimate products and services and that no consumers were harmed.

    But the Philadelphia man said otherwise, providing the receiver three letters he had written to entities whose names and addresses were provided by the Grant Writer’s Institute for a fee of $995 as benevolent entities that could help him repair the home he shares with his wife.

    One of the addresses proved to be the address of the Philadelphia Regional Office of the U.S. Department of Housing and Urban Development, which had been misidentified by the Grant Writer’s Institute as a benevolent organization known as “World Changers,” according to court filings.

    Brenda M. Laroche, HUD’s deputy regional director, wrote a personal letter back to the man, explaining that HUD did not provide individual grants and pointing out where he could get free information on housing-assistance programs in Philadelphia and free information on a provider of weatherization assistance.

    Laroche, for free, even researched World Changers after receiving the letter from the man, who described himself as a recipient of only $185 a month in Social Security benefits and driving a cab at age 70 to make ends meet. In her letter to the man, Laroche provided the phone number and website address of World Changers, an entity of the Southern Baptist Convention.

    A second entity identified by the Grant Writer’s Institute — United Methodist Action Reach-out Mission by Youth (U.M. ARMY) — proved to be an organization that seeks grants, but does not provide them, according to court filings.

    Like Laroche at HUD, the executive director of the Christian organization wrote a personal letter back to the Philadelphia man, expressing concern that he had been duped and asking the man for the name of the company that duped him.

    “You are not alone,” said Brian Smith, executive director of the United Methodist mission, in the letter to the Philadelphia man. “[W]e would love to find out where you have learned this false information so that we can put away any artificial hope of funding from our organization to other individuals such as yourself.”

    At the same time, a third name provided to the Philadelphia man proved to be a website — netwish.org — which says it underwrites grants up to a maximum of $500 after people in need submit an essay that is compared to essays from other people in need to establish whose needs are most critical and can be funded. The maximum grant is $500, or $495 less than the amount the Grant Writer’s Institute charged the man.

    The Grant Writer’s Institute is one of the co-defendants in the case, which alleges that Blackman and others were part of a scheme to make customers believe they would receive a “guaranteed” $25,000 grant from the government from economic-stimulus funds.

    Larry Cook, the receiver, also determined that chargebacks attributed to another company named a defendant in the case actually were Noobing chargebacks and that a customer complained in July that Noobing had drafted an unauthorized payment, according to court filings.

    The chargebacks were confusing even to the bank because of the interrelationships of the defendants’ companies, the FTC said. Cook previously said that the “ASI defendants have formed and operated eighteen additional Kansas LLCs as subsidiaries of Defendant Apex Holdings International LLC.”

    It had been difficult to get an early fix on finances because because “several thousand intercompany transfers” occurred and because other entities recently had been registered offshore, Cook said.

    Read the Receiver’s declaration.

    Read FTC Supplemental filing.

  • BREAKING NEWS: Receiver In ASI/Brett Blackman Case Delivers Devastating Preliminary Report; Noobing Autosurf Identified As Part Of ASI Affiliate Fold And Was Registered In Nevis; Belize Used For Other Firm

    A receiver appointed to review financial records of Affiliate Strategies Inc. and related companies named defendants in a fraudulent government-grants scheme last month advised a federal judge that the companies were insolvent and had less than one day’s operating cash requirements in their bank accounts.

    Astonishingly, receiver Larry Cook advised U.S. District Judge Julie A. Robinson that the attorneys he hired to assist in the probe “received thirty two US Mail crates” filled with complaints on Wednesday alone.

    “Although it is difficult to summarize the mass volume of calls and letters, a majority of the communications are from elderly individuals, or their children, who have discovered automatic checking account deductions from their, or their parents’, checking accounts and are requesting refunds,” Cook said in the preliminary report.

    Although Cook advised the judge he has been able to recover about $300,000 through the early weeks of his investigation and expected to recover more as the investigation proceeds, the defendants’ businesses appeared to be broke.

    “The Receiver’s work over the past three weeks suggests the Defendants’ operations were insolvent on the date [July 24] the [Temporary Restraining Order] was entered and that for at least all of 2009, Defendants operated only by signing up new victims faster than the old victims could obtain refunds,” Cook said.

    He observed that the “Defendants’ business operations were high revenue/low margin operations which required significant cash in-flows from new victims to meet current trade creditor and consumer refund obligations.”

    Noobing, an autosurf that targeted people with hearing impairments, was identified by Cook as a company affiliated with ASI. Noobing was not named a defendant in the fraud complaint filed last month by the Federal Trade Commission and the attorneys general of Kansas, Minnesota and North Carolina.

    Cook, though, said he discovered Noobing had registered as a corporation on the Caribbean island of Nevis on March 25, 2009. Noobing launched last year and was promoted by members of AdSurfDaily Inc., a surf firm from which the U.S. government seized tens of millions of dollars last year in a wire-fraud, money-laundering and Ponzi scheme probe.

    Noobing generated more than $590,000 in revenue last year and more than $541,000 this year before going offline, according to Cook’s preliminary report.

    Cook estimated that Noobing was in the hole nearly $550,000 since last year.

    Blackman, according to Cook, recently registered several corporations offshore, including Noobing; ASI Management Inc., formed in Belize on March 24, 2009; Landmark Publishing Group LLC, formed in Nevis on March 25, 2009; Landmark Publishing LLC, formed in Nevis on March 25, 2009; International Research and Writing Group LLC, formed in Nevis on July 1, 2009; and International Publishing Group LLC, formed in Nevis on July 1, 2009.

    All in all, Cook said, “the ASI defendants have formed and operated eighteen additional Kansas LLCs as subsidiaries of Defendant Apex Holdings International LLC.”

    “Of immediate concern is the large distributions and salary paid to defendant Brett Black[man] since 2008,” Cook advised the judge in his report. “Per the QuickBooks accounting records, Blackman received $841,545 of distributions from Apex Holdings International, LLC in 2008 and made a net contribution of $491,559 into Affiliate Strategies, Inc. ($581,388 of contributions and $89,829 of distributions) for a total net distribution of $349,986, in addition to salary payments of $118,049.

    “In 2009,” Cook continued, “Blackman has received $253,506 of distributions from Apex Holdings International, LLC and has made a net contribution of $113,000 into Affiliate Strategies, Inc. ($349,000 of contributions and $226,000 of distributions). The total net distributions and salary to Blackman for 2008 and 2009 is approximately $490,000.”

    Cook said his assessment was ongoing. He reported that some of the accounts involved in the investigation had chargeback rates of as high as 77 percent, meaning that better than three of four customers who made credit-card charges requested refunds.

    Read Cook’s preliminary report.

  • UPDATE: Noobing Surf Site Offline As FTC Fraud Case Against Affiliate Strategies Inc. Proceeds; Receiver Appointed And Expected To File Preliminary Report Soon

    A receiver has been appointed in the case against Affiliate Strategies Inc. (ASI) and Brett Blackman, ASI’s president, chief executive officer and founding partner. Noobing, a surfing site, is in the ASI fold, but has not been named a defendant.

    Regardless, the Noobing site is offline. A federal judge has granted a freeze of ASI’s assets. Noobing, based in Kansas, launched in the aftermath of the seizure of tens of millions of dollars from Florida-based AdSurfDaily Inc. last year and was promoted by some ASD members.

    YouTube videos and other records show that the site was targeted at people with hearing impairments.

    Late last month, the Federal Trade Commision sued ASI; Blackman; Landmark Publishing Group (d/b/a G.F. Institute and Grant Funding Institute); Grant Writers Institute LLC; Answer Customers LLC; Apex Holdings International LLC; Jordan Sevy, individually and as a manager of Landmark Publishing Group; James Rulison, individually and as president of Answer Customers LLC; Real Estate Buyers Financial Network LLC (d/b/a Grant Writers Research Network); Martin Nossov, individually and as a manager and member of Real Estate Buyers Financial Network LLC; and Alicia Nossov, individually and as a manager and member of Real Estate Buyers Financial Network LLC.

    Joining the FTC in the lawsuit were the attorneys general of Kansas, Minnesota and North Carolina. The case also appears in federal court dockets in Virginia and Utah.

    A preliminary report by Larry Cook, the court-appointed receiver, was due today. It is possible that the filing will be delayed until Aug. 20, because attorneys for the defendants asked for a delay.

    U.S. District Judge Julie A. Robinson issued a temporary restraining order (TRO) and asset freeze July 24. Based on filings by the defendants, Robinson granted a delay from Aug. 12 until Sept. 1 to conduct a hearing on the TRO. But Robinson denied a motion by the defendants to stay discovery in the case.

    Among other things, the defendants advised the court that they wished “to retain separate counsel for themselves” and noted they needed time to “sort out their financial affairs” and to determine how to pay for separate counsel, Robinson noted.

    And, Robinson noted, “[T]he defendants seek time to attempt to conduct settlement negotiations.”

    The FTC said the defendants were involved in a scheme that promised “guaranteed” grants of $25,000 from economic-stimulus funds provided by the government.

    Kansas Attorney General Steve Six said the alleged scheme was deplorable and that investigators intended to carve back any ill-gotten gains.

    “During this time of economic uncertainty, grant scams are taking advantage of people’s hope for financial assistance and scamming them out of hard earned money,” Six said. “There is no such thing as a guaranteed grant. But to consumers in financial trouble, the chance for extra income can unfortunately be a huge draw.”

    “Scammers like these are using the bad economy to try to get rich at your expense,” Six said. “Beware of anyone who promises to help you win a grant if you pay them first.”

    Blackman, 25, “began trading stocks and bonds at the age of 15,” according to ASI’s website. He also “is involved with numerous civic groups including Business Fellowship International (BFI), Young Life, and Campus Crusades. He also serves on the board of Where Are The Christian Men (WATCM).”

  • Noobing, Surf Site That Pitched Itself To Deaf Community, Goes Missing; Purported President Was Named In FTC Complaint Against Separate Firm Last Month That Alleged ‘Guaranteed’ Government ‘Stimulus’ Grants Of $25,000

    UPDATED 10:48 A.M. EDT (U.S.A.) The Noobing surf site is throwing a server error and will not resolve. The development came in the aftermath of a Federal Trade Commission complaint filed late last month against Brett Blackman and others, although Noobing was not named in the FTC complaint.

    On July 24, a federal judge froze Blackman’s assets and the assets of other defendants in the case.

    Attorneys general from Kansas, Minnesota and North Carolina joined the FTC in the action. One of the claims in the case is that Blackman was part of a scheme to make customers believe they would receive a “guaranteed” $25,000 grant from the government from economic-stimulus funds.

    Web records identified Blackman as Noobing’s president. The precise time the Noobing site vanished is unclear.

    Noobing had a considerable presence in the deaf community, and at least 15 YouTube videos featured sign language.

    Members complained publicly about “bait and switch” in February, saying they were attracted to the program by suggestions of returns of up to 3 percent a day.

    Returns, however, plunged to only a fraction of 1 percent. A Noobing staffer explained at the time that Noobing learned from the AdSurfDaily case that “it became clear that any system that is not SEC registered as an investment that returns more than 100% risks getting shut down and everyone loses everything.”

    What he did not explain is why Noobing chose even to operate in the post-ASD environment.

    The staffer went on to blame the government for the decision to slash the payout rate.

    “The SEC did not contact us,” explained the employee in February, on the ASA Monitor forum. “We are simply being smart and not putting ourselves in a bad position to risk losing everything. Once ASD gave up, and we stood without a firm ruling from the courts, the risk was too high. We’d have preferred that ASD won, or that at least we got a clear ruling, as it is now, cautious action is best.”

    Noobing was popular among some some members of ASD. After the seizure of tens of millions of dollars from ASD President Andy Bowdoin a year ago this month, some promoters turned to Noobing in the fall.

    In the FTC complaint, the agency and the attorneys general seek “a court order permanently stopping the defendants’ illegal conduct and forcing them to return money to consumers injured by the scheme,” the FTC said.

    Named defendants were:

    • Affiliate Strategies, Inc.
    • Landmark Publishing Group, LLC (d/b/a G.F. Institute and Grant Funding Institute)
    • Grant Writers Institute, LLC
    • Answer Customers, LLC
    • Apex Holdings International LLC
    • Brett Blackman, individually and as an officer, manager, and/or member of Affiliate Strategies, Inc., Landmark Publishing Group, LLC, Grant Writers Institute, LLC, Answer Customers, LLC, and Apex Holdings International, LLC
    • Jordan Sevy, individually and as a manager of Landmark Publishing Group
    • James Rulison, individually and as president of Answer Customers, LLC

    In addition, the complaint names the following North Carolina entities as defendants: Real Estate Buyers Financial Network LLC (d/b/a Grant Writers Research Network); Martin Nossov, individually and as a manager and member of Real Estate Buyers Financial Network LLC; Alicia Nossov, individually and as a manager and member of Real Estate Buyers Financial Network LLC.

    “Since at least 2007, GWI has mass mailed postcards to consumers across the country falsely claiming that the consumers “are Guaranteed a $25,000 Grant from the U.S. Government,” the FTC said. “Consumers who call the number are pitched a $59 book titled ‘Professional Grant Writer[:] The Definitive Guide to Grant Writing Success.’”

    “The company’s telemarketers falsely claim that the book will explain how to get government grants — including the ‘guaranteed’ $25,000 grant,” the FTC continued. “GWI and its North Carolina-based telemarketers, also named as defendants in the complaint, then call consumers who have bought the book, trying to get them to pay hundreds of dollars or more for grant research, writing, or coaching services, falsely claiming a 70 percent success rate in securing grant funding. In reality, few, if any consumers ever receive any grant money.”

    From federal complaint.
    From federal complaint.

    Meanwhile, the FTC said, “GWI used the current government stimulus package to make its pitch. For example, when consumers called the number on the mass-mailed postcard, they heard a recording that said, ‘If you’ve been reading the papers you know that recently our government released $700 billion into the private sector. What you probably don’t know is that there is another $300 billion that must be given away this year to people just like you.’”

    It did not end there, the FTC said.

    “The recording continues, ‘And if you’re one of the lucky few who knows how to find and apply for these grants, you will receive a check for $25,000 or more, and we guarantee it . . . If you don’t get a check for $25,000 or more, you pay nothing.’”

    Read the FTC news release. Read the federal/state complaint.