Tag: court order

  • Man Jailed For Ignoring Court Order In Puerto Rico-Based Envelope-Stuffing Scheme Targeting Spanish-Speaking Customers; Translators, Postal Inspectors Assisted In FTC Probe

    ponziblotterA man has been jailed for ignoring a court order in a civil case and continuing to operate an envelope-stuffing scheme from the area of Rio Grande, Puerto Rico, the Federal Trade Commission announced Dec. 23.

    Zoilo Cruz, also known as Zoilo Cruz Carrion, conducts business as International Marketing and Universal Wealth. The case was brought in San Juan by the FTC in U.S. District Court for the District of Puerto Rico in August 2008.

    Because the scheme involved both the Spanish and English languages,  a professional translation firm assisted in the probe. The U.S. Postal Inspection Service also assisted because the scheme involved mail.

    Among the allegations were that Cruz told prospects that they could make substantial sums of money by stuffing envelopes at home and that his company would provide stamped, addressed envelopes for them to stuff.

    Cruz charged a fee of $37 for customers to enter the program, according to court filings.

    Customers were deceived into paying the $37 by ads that suggested they could make between $690 and $2,760 a week, according to court filings.

    zoilocruzinternationalmarketing

    After customers paid the fee, International Marketing sent them a sales pamphlet, titled ‘Incredible Home Mailing Program (IHMP),’” the FTC said. The program was advertised in Spanish, but the pamphlet received by customers was in English-only.

    But language was not the only barrier customers encountered, the FTC said.

    Only after receiving the pamphlet were customers told that, “instead of receiving
    envelopes and payment from International Marketing for stuffing envelopes, consumers must engage in one of two marketing schemes, both of which involve publishing advertisements to sell the IHMP itself,” the FTC said. “In other words, each scheme aims to have consumers publish advertisements to sell the same pamphlet [Cruz] sent them (i.e., the IHMP) to other consumers.”

    Investigators said Cruz “kept up the scam despite a December 2008 court order that barred him from deceiving consumers and required him to close the post office boxes he used for taking orders.”

    In December 2008, U.S. Senior District Judge Jaime Pieras Jr. enjoined Cruz from breaking the law, finding that he had engaged in false and misleading business practices.

    “The pamphlet instructs consumers to advertise a work-at-home opportunity and provides consumers with sample advertisements that contain false and misleading earnings claims,” Pieras ruled.

    “[It] also instructs consumers to place a toll-free telephone number in the advertisement to receive inquiries,” Pieras continued. “The pamphlet provides consumers a script to use in recording a voicemail message. The script falsely states that one can earn money for stuffing envelopes and that the consumer leaving the message has been successful in earning money before he or she has earned any money at all.”

    As the investigation proceeded, the FTC determined that Cruz had made at least $64,496.51 from the scheme and used an account at Eurobank to deposit the proceeds.

    In June 2009, Pieras issued a judgment in the FTC’s favor for that amount, further ordering the restitution “immediately due and payable” from Cruz.

    “A federal court has jailed [Cruz],” the FTC said Wednesday.

    Here is an ad for the scheme that appeared in a Spanish-language newspaper:

    TRABAJE EN CASA – Le dedico mas
    tiempo a mis hijos todo los dias!
    Gane Dinero extra $500-$1,500.
    PO Box 43001 Dept. 486 Rio
    Grande PR 00745-6600 o a
    internationalmarketing123.com

    And here is the English-language translation:

    WORK AT HOME – I devote more
    time to my children every day!
    Earn Extra Money. $500 – $1,500.
    PO Box 43001 Dept. 486 Rio
    Grande PR 00745-6600 or at
    internationalmarketing123.com

    The translation service also translated the Spanish-language website to English, according to court filings.

  • BREAKING NEWS: Judge Grants Bowdoin Request For More Time, As AdSurfDaily Negotiates With Prosecutors

    A federal judge has granted Andy Bowdoin more time to respond to an order to show cause.

    Judge Rosemary Collyer said Bowdoin and AdSurfDaily Inc. could have until Aug. 28 to show cause why its motion to reverse Bowdoin’s decision to forfeit tens of millions of dollars to the government should not be denied.

    The original deadline was Aug. 7. Bowdoin is the president of ASD. Prosecutors seized at least $65 million from Bowdoin bank accounts last year, records show.

    “It is hereby ORDERED that Claimants shall file a response to . . . [the] Order to Show Cause no later than August 28, 2009,” Collyer wrote in a minute order late this afternoon.

    ASD revealed in court filings yesterday that it had entered into negotiations with federal prosecutors.

    Charles A. Murray, Bowdoin’s attorney, advised Collyer yesterday that the negotiations “could result in an agreement resolving the matters in dispute either in part or whole.”

    A firm with a close family, membership and promotional ties to ASD — AdViewGlobal (AVG) — announced this morning that it had filed a theft report with state and federal authorities, saying $2.7 million had been embezzled from the firm.

    AVG identified two suspects, saying they once were affiliated with the eWalletPlus payment processor.

    In other news, the government announced it had perfected the forfeiture of more than $14 million from Golden Panda Ad Builder, another firm associated with ASD. Prosecutors said they intended to implement a restitution program for members who certified under oath that they were victims of a crime.

  • BREAKING NEWS: Judge Orders Bowdoin To Show Cause Or Face Consent To Forfeiture Of Tens Of Millions Of Dollars

    A federal judge has ordered Andy Bowdoin, AdSurfDaily Inc. and Bowdoin/Harris Enterprises Inc. to show cause by Aug. 7 why a series of motions filed by Bowdoin as a pro se litigant should not be denied.

    Judge Rosemary Collyer noted in the order that Charles A. Murray, a paid attorney Bowdoin had hired after Bowdoin was advised months ago that a corporation could not proceed pro se, has not followed up on initial pleadings.

    “Eventually, [Murray] entered an appearance for all three claimants (Dkt. ## 59 & 60), and then filed a First Motion to Withdraw Notice (Other) For Leave to Withdraw Notice of Rescission (Dkt. # 66). In this First Motion, counsel explained that he ‘require[d] time to evaluate the facts and circumstances of the matter but that all claimants, through counsel, ‘intend to resubmit this Motion to Rescind on or before May 15, 2009.’”

    Using stark language, Collyer said she has heard nothing from Bowdoin or his lawyer since May.

    “It is now July 24, 2009, and nothing further has been heard from counsel, Mr. Bowdoin, ASD, or Bowdoin/Harris Enterprises, Inc.,” Collyer said.

    “THEREFORE, Mr. Bowdoin, ASD, and Bowdoin/Harris Enterprises, Inc. are ORDERED TO SHOW CAUSE no later than August 7, 2009, why the Court should not DENY all pending motions and ORDER this civil forfeiture matter to proceed based on their release of claims and consent to forfeiture,” Collyer concluded.

    Federal prosecutors say more than $65 million was seized from ASD last year.

    Read the judge’s order.