Tag: FINRA

  • Now, Boat-Sharking For ‘Biwako Bank Limited’: Promos Appear On Facebook Site For Profitable Sunrise And Claim Enterprise Is ‘Japan’s Strongest Bank’

    In 2010, FINRA warned that scammers may provide a "Typo Tip-Off." An enterprise whose affiliates are targeting victims of the alleged Profitable Sunrise pyramid scheme says it is trying to attract "costumers."
    In 2010, FINRA warned that HYIP scammers may provide a “Typo Tip-Off.”  In 2013, an enterprise whose affiliates are targeting victims of the alleged Profitable Sunrise pyramid scheme says it is trying to attract “costumers.”

    Biwako Bank Limited caught our attention yesterday after a boat-shark appeared on a Facebook Profitable Sunrise site to promote it while making this claim: “**THIS IS NOT AN HYIP , THIS IS A BANK**”

    The claim is at odds with a claim on the MoneyMakerGroup Ponzi forum that Biwako has a “GoldCoders’ HYIP Manager License.”

    Regulators have warned for years that internal inconsistencies are one of the hallmarks of HYIP fraud. In 2010, the Financial Industry Regulatory Authority (FINRA) noted that HYIP scammers also often present a “Typo Tip-Off.”

    “Watch out for online postings, website copy or emails that are riddled with typos and poor grammar,” FINRA said. “This is often a tip-off that scammers are at work.”

    Now, with Profitable Sunrise apparently dead in the water after actions by the SEC and numerous state and provincial regulators in the United States and Canada over the past two months, Biwako is informing prospects in a video playing on its website that the enterprise exists to connect “costumers” to new opportunities. It also claims that compounding is “avaliable.”

    Meanwhile, it publishes an investment calculator and appears to imply an association with CNN and Time magazine.

    And despite a Facebook boat-shark’s claim that Biwako is not an HYIP, the website of the purported “opportunity” lists four color-coded “plans” that purport to provide daily payouts of between 1.95 percent and 3.05 percent.  The highest-paying plan — the “Red Plan” at 3.05 percent a day — advertises a percentage even higher than the purported “Long Haul” plan of Profitable Sunrise.

    The “Long Haul” plan claimed to pay 2.7 percent a day.

    Earlier this month, North Carolina issued a warning about “reload scams” aimed at Profitable Sunrise victims.

    Like Profitable Sunrise, Biwako also is being promoted on the Ponzi boards.

    Also see March 27 PP Blog story about Facebook boat-sharking and March 31 story. (The March 31 story reports that promotions for a “program” known as TelexFree claim participants can purchase an income that varies by the amount they invest. Under one scenario outlined in a video, participants who send in $15,125 purportedly are buying an income of $1,100 a week for a year.)

    The TelexFree pitch was similar to pitches for the infamous World Marketing Direct Selling (WMDS) and OneUniverseOnline (1UOL) pyramid schemes, which were exposed in 2005 and operated by James Bunchan and Seng Tan. Those scams resulted in federal prison sentences for both Bunchan and Tan.

     

  • UPDATE: WordPress Boots Alleged Profitable Sunrise Pitchman Named In CONSOB Action

    vdprojectitalyWordPress has booted a Blogger named in an April 2 order by CONSOB, the Italian securities regulator.

    The Blog of Daniele Verzari now carries this message:

    “vdprojectitaly.wordpress.com is no longer available.

    “This blog has been archived or suspended for a violation of our Terms of Service . . .”

    HYIP schemes spread in part through Blog pitches and pitches on social-media sites such as Facebook, YouTube and Twitter. In 2010, the Financial Industry Regulatory Authority (FINRA) said HYIP purveyors create “the illusion of social consensus, which is a common persuasion tactic fraudsters use to suggest that ‘everyone is investing in HYIPs, so they must be legitimate.’”

  • On The High Seas Of Facebook, The Search For New HYIP Blood In The Water Intensifies After ‘Profitable Sunrise’ Goes Missing

    “HYIPs use an array of websites and social media — including YouTube, Twitter and Facebook — to lure investors, fabricating a ‘buzz’ and creating the illusion of social consensus, which is a common persuasion tactic fraudsters use to suggest that ‘everyone is investing in HYIPs, so they must be legitimate.’”The Financial Industry Regulatory Authority (FINRA), July 15, 2010

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    FINRA issued a warning back in 2010 against HYIP schemes, pointing out that they often trade through social-media sites such as forums, YouTube, Twitter and Facebook. The warning came on the heels of the collapse of the Genius Funds “program” ($400 million) and the filing of criminal charges in the United States against Nicholas Smirnow, an alleged former bank robber in Canada who allegedly was running the Pathway To Prosperity (P2P) Ponzi scheme. P2P is alleged to have gathered more than $70 million.

    P2P even got a mention on the U.S. Department of Justice Blog. That mention came in the form of a warning about international mass-marketing fraud.

    Nearly three years later, Smirnow, 55, is still listed by INTERPOL as an international fugitive.

    So is Robert Hodgins, 68. Hodgins, a Canadian supplier of debit cards to HYIP schemes, is charged in a money-laundering case in the United States. It is alleged that cards Hodgins supplied were used by narcotics traffickers to offload millions of dollars in “profits” at ATMs in Medellin, Colombia.

    Speaking of Colombia . . . well, it was one of the staging grounds of the infamous D.M.G. Group (DMG) multilevel-marketing pyramid scheme of David Eduardo Helmut Murcia Guzman (David Murcia). Murcia, too, was tied to narcotics traffickers. His collapsed pyramid scheme gathered hundreds of millions of dollars. The anger spilled out onto the streets.

    Just about all of these schemes made absurd claims. Genius Funds, for example, promised a payout of 6.5 percent a week. Compare that absurd claim to the Profitable Sunrise claim of 2.7 percent a day through its bizarrely named “Long Haul” plan with a purported payout timed to coincide with Easter. A scheme bizarrely known as Cash Tanker was operating at the same time as Genius Funds. Like Profitable Sunrise, Cash Tanker purported to be a Christian enterprise. It’s gone now, too. So is Profitable Sunrise. Their members were cast into the sea like so much chum.

    Enter the Facebook boat-sharks and the contemptible “lifelines” they’re tossing toward the people struggling to stay afloat in rough seas . . .

    Despite all the warnings — despite all the publicity surrounding HYIP schemes — opportunists are descending on Facebook today to recruit Profitable Sunrise members (the people struggling in the water) into new scams. The same thing has happened repeatedly, perhaps most prominently in August 2012, after the SEC described the Zeek Rewards “program” as a $600 million Ponzi- and pyramid scheme.)

    Boat-sharks posting on a Profitable Sunrise Facebook site today are promoting schemes such as “SuperWithdraw,” “Whos12,” Maxi-Cash,” “FairyFunds,” “Roxilia,” “OptiEarn,” “AVVGlobal,” “ProForexUnion” and “MajestiCrown.” Some of the emerging schemes promise to pay even more than Profitable Sunrise.

     

  • In Wake Of Profitable Sunrise Alert, British Columbia Issues 2 More Warnings Against HYIPs; Like Profitable Sunrise, Both ‘Programs’ Had Presence On TalkGold And MoneyMakerGroup Ponzi Forums

    recommendedreading1EDITOR’S NOTE: Thanks to PP Blog reader “Tony” for pointing us to the British Columbia Securities Commission (BCSC) warning against the Lucra Fund and Goldenarium HYIP schemes. Earlier this month, BCSC issued a warning on the Profitable Sunrise scheme.

    The British Columbia Securities Commission has issued warnings on HYIP “programs” known as Lucra Fund and Goldenarium. BCSC’s move follows on the heels of its move earlier this month to issue a warning against Profitable Sunrise.

    All three “programs” had a presence on well-known Ponzi scheme forums such as TalkGold and MoneyMakerGroup. The Zeek Rewards “program,” which the SEC in August 2012 described as a $600 million Ponzi- and pyramid scheme, also had a presence on the forums. So did many other collapsed schemes, including the $119 million AdSurfDaily Ponzi scheme, the $72 million Legisi Ponzi scheme and the alleged $70 million Pathway to Prosperity Ponzi scheme. P2P spead Ponzi misery to at least 120 countries, according to the U.S. Postal Inspection Service.

    BCSC said it became aware of Lucra Fund on March 11 “after a BCSC staff member received a promotional e-mail.

    “The sender of the e-mail wrote that Lucra Fund offered 5.5% daily returns, and promised a referral commission,” the agency said.

    And, it noted, “[t]he Lucra Fund website stopped working soon afterwards.”

    Among the talking points of Lucra Fund was that it employed “DDoS Protection By BlockDos,” according to a pitchman’s post at MoneyMakerGroup.

    That appears to be the same firm that provided protection for Profitable Sunrise. The Profitable Sunrise website also has gone missing. (At the time of this post, the Profitable Sunrise website has been inaccessible for nine days.)

    On March 19, BCSC said, the agency “became aware of what appears to be a BC-connected promotion of Goldenarium through Twitter. Similar to Profitable Sunrise, this high-yield investment promotion offered a minimum investment of $10 and high daily returns. It also offered a referral fee.

    “The Goldenarium website no longer works, and people on numerous Facebook pages connected to the scheme are questioning whether the entity will reactivate its website,” BCSC said.

    In August 2012, a pitchman on the DreamTeamMoney Ponzi forum described Goldenarium as “a company registered in England and Wales (United Kingdom) that “fulfills all the necessary requirements to provide a serious and highly reliable service to all our customers.
    In order to accomplish that we not only strictly comply with both United Kingdom’s Law and International Law.”

    Profitable Sunrise also described itself as based in the United Kingdom. It is now the subject of at least 30 Investor Alerts or cease-and-desist orders in the United States and Canada. The United Kingdom and New Zealand also have issued warnings against Profitable Sunrise.

    Before its 2011 collapse, "insectrio" used the logos of DreamTeamMoney, TalkGold and MoneyMakerGroup in sales pitches.
    Before its 2011 collapse, “Insectrio” used the logos of DreamTeamMoney, TalkGold and MoneyMakerGroup in sales pitches.

    In August 2011, the PP Blog wrote about the collapse of a bizarre “program” known as Insectrio that advertised 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. It was enabled by the offshore processors LibertyReserve and PerfectMoney, two of the processors used by Profitable Sunrise.

    LibertyReserve and Perfect Money also are referenced in the SEC’s October 2010 fraud complaint against Imperia Invest IBC, a scheme that targeted deaf investors. Imperia also had a presence on the Ponzi boards.

    Insectrio used the logos of DreamTeamMoney, TalkGold and MoneyMakerGroup in promos.

    In July 2010, after the collapse of the P2P and Genius Funds HYIP schemes, the Financial Industry Regulatory Authority (FINRA) issued a warning about HYIP schemes,  pointing out that they trade through social media.

    FINRA specifically warned about websites that “Rank the latest programs and provide details of ‘payout options.’” At the same time, it warned about sites that “Allow web designers to buy ready-made HYIP templates and set up an ‘instant’ HYIP.” Meanwhile, it warned about sites that “Blog, chat and ‘teach’ about HYIPs.”

    “Some HYIP ‘investors’ proffer strategies for maximizing profits and avoiding losses — everything from videos showing how to ‘make massive profits’ in HYIPs and ‘build a winning HYIP portfolio’ to an eBook on how to ‘ride the Ponzi’ and get in and out before a scheme collapses,” FINRA said.

    “Other HYIP forums discuss how to enter ‘test spends,’ how to identify new HYIPs to maximize one’s chances of being an early stage payee and even how to check when a HYIP’s domain name expires so you can guess how long it might pay returns before shutting down,” FINRA noted.

    Read BCSC’s March 22 Investor Alert against Lucra Fund and Goldenarium. (The document references the earlier warning against Profitable Sunrise.)

  • LETTER TO READERS: Our Choice For The Most Important PP Blog Post Of 2012

    Dear Readers,

    The PP Blog’s choice for the “Most Important” story to appear on the Blog in 2012 is this one, dated July 28: “Site Critical Of Zeek Goes Missing After HubPages Receives Trademark ‘Infringement’ Complaint Attributed To Rex Venture Group LLC — But North Carolina-Based Rex Not Listed As Trademark Owner; Florida Firm That IS Listed As Owner Says It Has ‘No Knowledge’ Of Complaint.”

    The story tells the bizarre tale of how purported Zeek “consultant” Robert Craddock, beginning on July 22, tried to gag K. Chang, a Zeek critic.

    Our reasoning for selecting the Craddock tale appears below . . .

    ** __________________________________ **

    recommendedreading1UPDATED 1:30 P.M. ET (U.S.A.) This Blog is well aware that some MLMers would have you believe that nothing that appears here is important. The “case” against the Blog normally involves ad hominem attacks, along with bids to change the subject or cloud issues. Some of the campaigns against the PP Blog have been almost comical, falling along lines such as these: ASD can’t be a Ponzi scheme because it rained on Tuesday. Your [sic] an idiot and looser [sic] !!!!!

    Other campaigns have been much more menacing.

    One of the least-appreciated aspects of the Zeek Rewards story is that Zeek launched after Bernard Madoff made the word “Ponzi” a part of the national (and international) consciousness. Setting aside Zeek’s epic legal problems, Zeek and its “defenders” have a PR problem from which they’ll never recover. In short, it is fatal. The reason that it’s fatal is that it creates a dynamic that is virtually unique to the MLM HYIP sphere: While the rest of the world rails against Ponzi schemes and Ponzi schemers, the MLM HYIP sphere defends them.

    But it gets stranger than that. Certain inhabitants of the HYIP sphere in effect are lobbying for the legalization of Ponzi schemes to make their lives more convenient. To this group, the answer to Ponzi schemes is even more Ponzi schemes. Their message is remarkably similar to the message of the gun lobby, which appears to be arguing that the answer to gun violence is even more guns — in strategic locations, of course, perhaps in educational institutions at the grade-school level through college. (And maybe at movie theaters and at the scene of rural house fires, in case first responders such as firefighters and EMTs encounter an ambush.)

    You’ve heard by now that the rural town of Webster, N.Y., turned into Israel last week, we’re sure.

    In fairness to the gun lobby, it must be pointed out that HYIP “defenders” who are lobbying for more Ponzi schemes even as the gun lobby lobbies for more guns have less legal standing than the gun lobby. Guns already are legal. Ponzi schemes are not.

    But, getting back to Zeek’s PR problem . . .

    Madoff was exposed in 2008 as a Ponzi schemer, a financial criminal of unprecedented hubris. Not only did Zeek debut after Madoff, it came after Scott Rothstein was exposed (in 2009) as a racketeer/Ponzi schemer — and after AdSurfDaily, a purported MLM “advertising” company, was exposed (in 2008 and 2009) as the largest online Ponzi scheme ever and was sued by its own members amid allegations of racketeering.

    For some Zeek promoters, this well-known fact set makes them vulnerable to charges they are nothing less than members of an organized mob of habitual criminals who thrive by choosing to be willfully blind.

    But, incredibly, it gets even stranger . . .

    Zeek had members in common with AdSurfDaily and, like AdSurfDaily, told members that a purported “advertising” function was central to its business model.  Meanwhile, Zeek became popular in North Carolina, after the infamous Black Diamond Ponzi caper was exposed in that very state. (Among other things, the Back Diamond fraud led to criminal charges being filed against a bank.)

    Along those lines, Zeek (in May) began to show signs that it was experiencing banking problems after it had become popular in a region known to have served up another colossal mess, this one in nearby South Carolina. (The South Carolina mess was known as the “3 Hebrew Boys” scheme. It resulted in the longest Ponzi scheme sentences in the history of the South Carolina federal courts and, like AdSurfDaily and Zeek, served up a heaping helping of the bizarre, including claims by “sovereign citizens” that prosecutors had no authority over them.)

    Moreover, the Zeek scheme for which some “defenders” continue to cheer featured recruitment commissions on two levels (like AdSurfDaily) and an “RPP” payout (like ASD’s 1-percent-a-day “rebates”). Finally, the Zeek scheme came to the fore after the U.S. Secret Service described ASD as a “criminal enterprise” and after the Attorney General of the United States made a special public appearance in Florida — fertile recruitment grounds for schemes such as Zeek and the stomping grounds of Madoff and Rothstein — to announce that the Justice Department was serious about putting people in jail for ravaging the U.S. economy with their Ponzi schemes.

    “Palm Beach is, in many respects, ground zero for the $65 billion Ponzi scheme perpetrated by Bernard Madoff — the largest investor fraud case in our nation’s history,” Eric Holder said on Jan. 8, 2010, in southern Florida. “Before the house of cards Madoff built collapsed in 2008, before he was sentenced to 150 years in prison last June, before he became a notorious criminal on the cover of newspapers around the world, he was one of your neighbors.

    “His former home sits just north of us,” Holder continued. “An 8,700-square-foot mansion that’s worth . . . well, we’ll know what its worth once the U.S. Marshals Service auctions it off and the proceeds are distributed to Madoff’s victims.”

    Holder’s words are best viewed as a warning against willful blindness: Neither victim nor perpetrator be. There is unqualified pain and misery for both.

    Despite Holder’s appearance in Florida — despite his reference to Madoff’s “house of cards” — AdSurfDaily promoters Todd Disner and Dwight Owen Schweitzer later sued the United States, claiming that its Ponzi case against ASD was a “house of cards.” Naturally they made this claim even as they were promoting Zeek.

    And from what region were they promoting Zeek? Why, Southern Florida, of course, the same region Holder visited in 2010 to throw down the gauntlet against Ponzi schemers and their enablers.

    Amid the historical circumstances cited above, Zeek Rewards began to encounter some heat from the media and from its own members. Some of the members did not understand why things at Zeek appeared to be so circuitous and why they were being asked to use payment processors such as AlertPay and SolidTrustPay that had been associated with fraud scheme after fraud scheme operating online, including ASD.

    What to do if you’re Zeek?

    Well, according to Florida resident Robert Craddock, a self-described Zeek consultant, you hire, well, Robert Craddock — and you use Robert Craddock to go after Zeek critics such as K. Chang.

    The Most Important Story Of 2012

    In the PP Blog’s view, the most important story to appear on the Blog in 2012 is this one, titled, “Site Critical Of Zeek Goes Missing After HubPages Receives Trademark ‘Infringement’ Complaint Attributed To Rex Venture Group LLC — But North Carolina-Based Rex Not Listed As Trademark Owner; Florida Firm That IS Listed As Owner Says It Has ‘No Knowledge’ Of Complaint.”

    The story details efforts in July by Craddock to have K. Chang’s Zeek “Hub” at HubPages removed from the Internet just weeks before the SEC accused Zeek of being a $600 million Ponzi- and pyramid fraud. By early estimates, the alleged Zeek fraud was about five times larger than ASD in pure dollar volume ($600 million compared to $120 million) and perhaps 20 times larger in terms of the membership base (2 million compared to 100,000).

    Incredibly, Craddock went after K. Chang after Deputy Attorney James Cole, speaking in Mexico, said that international fraud schemes have been known to “bring frivolous libel cases against individuals who expose their criminal activities.” And Cole also pointed out that fraudsters have a means of “exploit[ing] legitimate actors” and may rely on shell companies and offshore bank accounts to launder criminal proceeds.

    If ever a company exploited legitimate actors, it was Zeek. Kenneth D. Bell, the court-appointed receiver, says there were approximately 840,000 Zeek losers who funded the ill-gotten gains of 77,000 winners. And Bell also says he has “obtained information indicating that large sums of Receivership Assets may have been transferred by net winners to other entities in order to hide or shelter those assets.”

    There can be no doubt that some of those winners are longtime residents of the woeful valley of willful blindness. Not only do they “play” HYIP Ponzis for profit, they now publicly announce their intent to keep their winnings. Zeek has exposed the epicenter of willful blindness, the criminal underworld of the Internet. It is easy enough to view Craddock’s efforts as a means of institutionalizing willful blindness, first by seeking to chill speech and, second, by scrubbing the web of information that encourages readers to be discriminating so they won’t be duped by a Ponzi fraudster.

    Bizarrely, it appears as though someone inside of Zeek believed it prudent to hire Craddock to go after K. Chang. If that weren’t enough, only days later Zeek used its Blog to plant the seed that unnamed “North Carolina Credit Unions” were committing slander against Zeek.

    After the SEC brought the Zeek Ponzi complaint in August, Craddock quickly went in to fundraising mode. As incredible as it sounds, ASD’s Todd Disner — also of Zeek — was on the line with him.

    What Craddock did was deplorable. It was as though he slept through the past four years of Ponzi history, all the cases that showcase the markers of fraud schemes and all the government warnings to be cautious. (Nongovernment/quasigovernment entities such as FINRA also publish such warnings, like this one on HYIP fraud schemes outlined by the PP Blog.)

    The FINRA warning was published in 2010, prior to Zeek but after the Legisi, Pathway To Prosperity and ASD schemes were exposed. Legisi operator Gregory McKnight potentially faces 15 years in federal prison. He was charged both civilly (SEC) and criminally (U.S. Secret Service) — and Legisi pitchmen Matthew John Gagnon also was charged civilly and criminally by the same agencies. The SEC called Gagnon a “threat to the investing public.”

    Any number of Zeek promoters pose a similar threat. They are at least equally willfully blind.

    It is clear that some Zeek promoters also were promoting JSSTripler/JustBeenPaid, the debacle-in-waiting purportedly organized by Frederick Mann, a former ASD promoter. JSS/JBP has morphed into “ProfitClicking” amid reports of the “retirement” of Mann. Now, ProfitClicking “defenders” are threatening lawsuits against critics.

    Naturally the stories advanced by ProfitClicking “defenders” are being improved by “defenders” of other obvious fraud schemes such as BannersBroker. A BannersBroker “defender” is over at RealScam.com — an antiscam site — suggesting that RealScam is a terrorist organization.

    My God.

    These claims are being made just days after Zeek figure Robert Craddock suggested he had contacts in law enforcement who were going to charge Blogger Troy Dooly with cyber harassment.

    It wouldn’t sell as fiction.

    Craddock’s bid to gag K. Chang easily was the most important story on the PP Blog in 2012. It’s the one that signaled that things are destined only to get crazier in MLM La-La Land and that the threat to U.S. national security only will grow.

     

     

  • ‘Investor-Fraud Summits’ Set For 6 U.S. Cities: Stamford, Conn.; Nashville, Tenn.; San Francisco; Denver; Cleveland And Miami

    What: Investor Fraud Summits.

    Where/When: Stamford, Conn. (today from 9 a.m. to 1 p.m. EDT at the University of Connecticut – Stamford Campus); Nashville, Tenn. (Oct. 4 from 8:45 a.m. to 12:30 p.m. EDT at Vanderbilt University Law School’s Flynn Auditorium located at 131 21st Avenue South) ; San Francisco (Oct. 9, in Walnut Creek, Calif., from 9 a.m. to 1 p.m. PDT at the Rossmoor Retirement Community – Gateway Complex located at 1001 Rain Road); Denver (Oct. 10 from 8 a.m. to 12 p.m. MDT at the Tivoli Building – Turnhalle Auditorium located at 900 Auraria Parkway, Suite 150); Cleveland (Oct. 11 in Beachwood, Ohio, from 8:30 a.m. to 12:30 p.m. EDT at the Montefiore Senior Living Center located at 1 David Myers Parkway); and Miami (Oct. 12 from 9 a.m. to 1 p.m. EDT at the Miami Dade College – in the Chapman Conference Center, located at 245 N.E. Fourth Street, Bldg. 3, Room 3210).

    Why: Investment fraud losses have been “staggering,” the Justice Department says.

    Since the beginning of 2011, “the Justice Department’s Criminal Division and 85 U.S. Attorneys’ offices have reported that approximately 800 defendants have been charged, tried, pleaded or sentenced in approximately 500 federal prosecutions involving investor fraud. The total reported amount cheated from victims for this time period tops more than $20 billion.”

    Summit Sponsors: Department of Justice, U.S. Attorneys’ offices, the FBI, the SEC, the FTC, the Department of Treasury’s Financial Crimes Enforcement Network (FinCEN), the CFTC, the Bankruptcy Trustees, FINRA, AARP and the Better Business Bureau.

    Top law-enforcement officials will be on hand at each of the summits. See the Justice Department news release for details.

  • SEC: California Scammer Traded On Agency’s Name To Sanitize $60 Million Fraud And Ponzi Caper; John A. Geringer And GLR Capital Management Charged With Fraud Amid Allegations ‘Fund’ Claimed Handsome Return Before It Even Existed

    “Geringer painted the picture of a successful fund weathering America’s financial crisis through a diversified, conservative investment strategy. The reality, however, was the complete opposite. Geringer lost millions of dollars in the market, tied up remaining investor funds in a pair of illiquid private companies, and lied about it in phony account statements.”Marc Fagel, director of the SEC’s San Francisco Regional Office, May 24, 2012

    A California investment adviser presiding for years over a $60 million fraud duped investors by making Ponzi payments and used the names of the Securities and Exchange Commission and the National Association of Securities Dealers to sanitize his scheme, the SEC charged.

    Named defendants in a fraud case filed in the Northern District of California were John A. Geringer, 47, of Scotts Valley, and his Scotts Valley-based companies: GLR Capital Management LLC; GLR Advisors LLC; and Geringer, Luck & Rode LLC. GLR Growth Fund L.P. of Scotts Valley was named a relief defendant amid allegations it received ill-gotten gains.

    The SEC said Geringer touted imaginary annual trading profits of between 17 and 25 percent to lure investors into his scam, describing the investigation as one that exposed internal inconsistencies. Fraud schemes are known for such inconsistencies.

    “Although the fund was started in 2003, marketing materials claimed 25 percent returns in 2001 and 2002 — before the fund even existed,” the SEC charged. “The marketing materials also falsely indicated a nearly 24 percent return in 2008 from investing mainly in publicly-traded securities, options, and commodities, while the S&P 500 Index lost 38.5 percent.”

    And Geringer “further lied” to investors when the claimed his venture was “MEMBER NASD SEC APPROVED,” the agency said.

    “The SEC does not ‘approve’ funds or investments in funds, nor was the fund (or any related entity) a member of the NASD (now called the Financial Industry Regulatory Authority — FINRA),” the SEC said.

    Geringer raised more than $60 million since 2005, mostly from investors in the Santa Cruz area, the SEC said.

    “To mask his fraud, Geringer paid millions of dollars in ‘returns’ to investors largely by using money received from newer investors,” the SEC said. “He also sent investors periodic account statements showing fictitious growth in their investments.”

     

  • BULLETIN: SEC Says Boston Church Scammed By Fraudster While Dual Probes Were Under Way; Federal Judge Freezes Assets Of Arnett L. Waters; A.L. Waters Capital LLC And Moneta Management LLC Also Charged

    BULLETIN: Arnett Lanse Waters, 62, of Milton, Mass., was “permanently barred” on March 9 “from association with any” Financial Industry Regulatory Authority member for failing to provide testimony” in a FINRA probe, the SEC said.

    This ban occurred after Waters — in 1993 — was “censured and barred for two years by the New York Stock Exchange for forging a document to secure a bank loan and refusing to comply with the Exchange’s requests for information and testimony,” the SEC charged.

    Regardless, a Boston-area church appears to have plowed $500,000 into Waters’ fraud scheme via a “subscription agreement” on March 22, about 13 days after the FINRA ban and nine days after Waters was interviewed by the SEC in its developing probe based on the FINRA matters, the agency said.

    The church received a “a copy of the Private Placement Offering Memorandum on March 15,” about six days after the FINRA ban and a week before entrusting Waters with the $500,000 “capital contribution,” according to court filings.

    Early details are sketchy, but court filings by the SEC suggest that at least some of the church’s money was misdirected by Waters and his wife to pay for a lawyer and personal expenses — and none of the money went toward what the church believed it was investing in: a portfolio of securities.

    Charged in the alleged caper, which affected investors other than the church, were Waters and two business entities under his control: broker-dealer A.L. Waters Capital LLC of Braintree and investment adviser Moneta Management LLC, also of Braintree.

    Named relief defendants were Janet Lee Waters, 55, of Milton, and a purported funds business known as Port Huron Partners LLP of Braintree. The funds allegedly were under the control of her husband, with Janet Waters serving as chief compliance officer of A.L. Waters Capital.

    Janet Waters also was banned by FINRA on March 9, the SEC said.

    A federal judge has granted an asset freeze, the agency said.

    “The Court’s order further provides that the defendants are prohibited from soliciting or accepting additional investor funds and from altering or destroying any relevant documents, and also requires the defendants to provide an accounting of their assets and uses of investor funds,” the SEC said.

    “The defendants used fictitious investment-related partnerships to draw in investors, misappropriate their investment money, and spend it on personal expenses,” the SEC said, alleging that the scheme dated back at least to 2009 and raised at least $780,000 from at least eight investors, including the church.

    Stories about securities fraud and other crimes (or civil offenses) occurring even as investigations of purported opportunities are under way may be unusual, but are not rare.

    Recidivist securites huckster Robert Stinson Jr. of the Philadelphia region was accused by the FBI in 2010 of wiring stolen funds even as a raid was under way. He later was accused of hiding assets and hatching a companion fraud scheme.

    Stinson was sentenced last month to more than 33 years in federal prison.

    Meanwhile, federal prosecutors in the District of Columbia alleged last month that accused  Ponzi schemer Andy Bowdoin of AdSurfDaily was involved in at least two fraud schemes after the U.S. Secret Service seized tens of millions of dollars from his bank accounts in a 2008 Ponzi probe.

    Bowdoin faces up to 125 years in federal prison, if convicted on all counts of wire fraud, securities fraud and selling unregistered securities. Like Stinson and Arnett Waters, Bowdoin was described by investigators as a recidivist huckster.

    Read the SEC complaint against Waters.

  • UPDATE: JSS Tripler 2 And Associated Scams Get More Bizarre By The Day: After Purported Bout With Dengue Fever, ‘Dave’ Purportedly Gets Married; Cashouts Now Reportedly Delayed Due To Wedding And Script Glitch — As Members Encouraged To Carry Out Blog-Posting ‘Tasks’

    This will be a familiar refrain to many readers of the PP Blog: In July 2010, the Blog reported that the Financial Industry Regulatory Authority (FINRA) had launched a public-awareness campaign about HYIP fraud. FINRA called the HYIP sphere a “bizarre substratum of the Internet.”

    Just a month earlier — in June 2010 — the U.S. Department of Justice pointed to a threat assessment by the International Mass-Marketing Fraud Working Group (IMMFWG) that declared “[t]here are strong indications that the order of magnitude of global mass-marketing fraud losses is in the tens of billions of dollars per year.” (Emphasis added).

    In publicizing the IMMFWG document, which noted that international scammers use threats and coercive tactics to sustain schemes and chill “uncooperative victims,” the Justice Department alleged that the Pathway to Prosperity (P2P) HYIP scheme had reached into at least 120 countries and gathered $70 million.

    P2P was only one of hundreds or even thousands of HYIP scams operating on the Internet.

    Flash forward to late 2011 and the birth of “Dave’s” JSS Triper 2, which apparently based its name on JSS Tripler, the “opportunity” purportedly operated by Frederick Mann. JSS Tripler 2 reportedly stopped making payments within weeks of launch, blaming an AlertPay account freeze. After that, “Dave” suggested that an unidentified law-enforcement agency that had failed to act in his interests was at least partly responsible for JSS Tripler 2’s problems.

    Among other things, “Dave” has asserted he was conducting a “scan” of critics. Naturally, a “program” relaunch purportedly occurred, Ponzi-forum cheerleaders helped “Dave” advance the scheme (as they drove traffic to their other schemes) and JSS Tripler 2 changed its name to T2MoneyKlub and hatched a companion scheme known as Compound150.com — all while “Dave” reportedly was battling back from a bout with Dengue fever.

    “Dave,” who preemptively denied JSS Tripler 2 was a Ponzi scheme, now appears to have duped members into performing “tasks” such as making comments on Blogs/websites to dupe prospective purchasers of the sites into believing they’re buying established sites with built-in readership. The theory — apparently — is that “Dave” can monetize the sites, sell them at a handsome profit and use the cash to fund his various investment programs, thus muting the Ponzi critics and taking concerns of illegality off the table.

    Some of “Dave’s” members claim they’ve carried out the “tasks” — in effect, to “do what’s best for the ‘program.’” Whether they’re concerned that they’re helping “Dave” scam a new crop of suckers who’d end up with junk websites is unclear.

    What is clear is that they want to get paid — and perhaps are willing to say anything while carrying out the “task” of posting comments on Blogs in purported bids to make them more attractive to purchasers.

    One bizarre and homophobic “comment” on a purported “Dave” Blog (CarryMyBaby.com) reads as such:

    “[W]ell obviuosly [sic] the more sex you have the greater the chances of becoming pregnant unles [sic] you r [sic] one of those queer couples. then no matter what you two do together neither party wll [sic] get pregnant,,,capisce [sic]?”

    Meanwhile, a bizarre comment on a purported “Dave” Blog (IBeatForeclosure.com) reads as such:

    “its [sic] got be [sic] tough to have to decide if you have to foreclose on your house but the this [sic] mortagage [sic] crisis happened [sic] people had not [sic] choice not [sic] and [sic] easy thing to go through.”

    The Blogs appear to be hosted in Utah. Ownership is unclear.

    But even with the “tasks,” JSS Tripler 2 payments reportedly have been suspended again, owing to “Dave’s” wedding, the need to accommodate international travelers and a purported script glitch that caused some members to get paid twice.

    Some members — including members who previously sold JSS Tripler as a “passive” investment opportunity — now claim that members unwilling to assist Dave in posting fake comments are “lazy.”

    On the MoneyMakerGroup Ponzi forum, a “Dave” cheerleader posted a list of 26 websites for JSS Tripler 2 members to visit to post comments.

    So, the JSS Tripler 2 “program” includes these elements:

    • An HYIP scheme that purportedly provided an annualized return of 730 percent and started out by naming itself after an existing scheme that also purported to pay 730 percent a year. (Think FINRA and its memorable “bizarre substratum of the Internet” line in July 2010.)
    • A preemptive denial that a Ponzi scheme was under way — even as well-known Ponzi forum cheerleaders helped the scheme gain a head of steam. (As part of FINRA’s July 2010 educational campaign on the dangers of HYIP fraud,  it issued a public warning about social-networking fraud.)
    • A purported payment-processor freeze that left members in the lurch for weeks.
    • Incongruous suggestions that “law enforcement” had failed to act in the best interests of the “program.”
    • Attempts to chill/ostracize members. (The sort of coercive tactics referenced in the June 2010 IMMFWG document publicized by the U.S. Department of Justice.)
    • Cheerleading by willfully blind participants. (Think Matt Gagnon and the Legisi HYIP Ponzi scheme.)
    • A name change. (Also an element in the AdSurfDaily Ponzi case.)
    • The launch of companion “programs.” (Another element in the ASD Ponzi case.)
    • A purported bout with Dengue fever. (Purported illnesses and violent windstorms are longtime HYIP clichés.)
    • Payment delays blamed on a wedding. (Imagine a legitimate broker/financial adviser telling you that you’d have to wait for the branch manager to return from her honeymoon in Southeast Asia  before you could withdraw the sum you need to buy groceries or cough medicine for your children or pay a tuition bill.)
    • Payment delays blamed on script problems and/or double payments to members. (See this story from our ASD files.)
    • A purported duty to post comments on Blogs to drive up their sale value, so the money can be used to fund investment “opportunities.”

     

  • Day After SEC Announces Judgments Totaling $4.2 Million Against Serial HYIP Pitchman, Another Serial Pitchman — ‘Ken Russo’ — Makes ‘I Got Paid’ Post On TalkGold For JSS Tripler/JustBeenPaid; Separately, McAfee’s ‘Site Advisor’ Declares JBP Pages ‘Dangerous’

    In a 29-page court order announced yesterday by the SEC, U.S. District Judge George Caram Steeh of the Eastern District of Michigan laid out the case of willful blindness against serial HYIP pitchman Matthew John Gagnon.

    That case now has resulted in court-ordered judgments of more than $4.2 million against Gagnon, who also was named in a criminal complaint by the U.S. Secret Service in November 2011.

    But in the HYIP sphere, which FINRA described in 2010 as a “bizarre substratum of the Internet,” not even the huge judgment against Gagnon announced yesterday appeared to unnerve the serial scammers on the TalkGold and MoneyMakerGroup Ponzi forums.

    Posting as “DRdave” on TalkGold, huckster “Ken Russo” announced he’d received a new payment of $482.08 from JSS Tripler/JustBeenPaid, a “program” whose purported daily payout rate of 2 percent dwarfs the purported payout rate of Legisi, one of the “programs” that led to Gagnon’s demise.

    In a March 15 conference call, Frederick Mann, the purported operator of JSS/JBP, told members that the company was making the payouts from money sent in by “new members.” Paying “old” members with money from “new” members is the central element of a Ponzi scheme.

    Even as “Ken Russo” was making the announcement, the online security company McAfee was publishing a “Warning: Dangerous Site” message about the JustBeenPaid website.

    “We tested this site and found it’s risky to visit,” McAfee’s Site Advisor reported.

    In 2010, the SEC declared Gagnon a “danger to the investing public” for his serial promotion of scams. (See paragraph 11 of May 2010 SEC complaint.)

    Assessing Gagnon more than $4.2 million in disgorgement, prejudgment interest and penalties, Steeh found that:

    • Gagnon promoted the Legisi HYIP online, through emails and through a forum.
    • Even though Gagnon promoted the program, he was not associated with a registered broker-dealer and had never been registered with the SEC in any capacity.
    • Gagnon understood HYIP frauds and Ponzi schemes, and yet gleaned about $3.6 million from Legisi operator Gregory McKnight and did not disclose details of his agreement with McKnight to solicit investors for Legisi.
    • Gagnon helped orchestrate the “massive” Legisi Ponzi scheme and initially had come into contact with McKnight after Gagnon had recruited McKnight into an MLM business that sold dietary supplements.
    • Legisi was selling unregistered securities.
    • Gagnon was selling unregistered securities.
    • Gagnon did not qualify investors in any way. (In essence, the only necessary qualification was to have money to send to Legisi.)
    • Gagnon performed no “due diligence” on the profitability of the Legisi program. He did not retain or review trading records, bank or brokerage accounts statements or e-currency account records.
    • Gagnon knew or “recklessly disregarded” warnings that Legisi was a scam, did not know where McKnight was keeping the money or how McKnight was calculating profits and losses.
    • Eventually Gagnon distanced himself from McKnight (after learning about an SEC probe, according to the agency), but proceeded to pitch other scams touting the illegal sale of securities. A twice-convicted felon was Gagnon’s alleged partner in one of the scams, but Gagnon performed no legwork up front.
    • Gagnon eventually learned that a man with the same name as his partner had been convicted of fraud, but “accepted” his partner’s “representation that it was not him.” Gagnon did not investigate his partner’s denials, which were false.
    • Gagnon then proceeded to another opportunity touting unregistered securities, effectively using the same blueprint he’d used when touting Legisi and the other scam in which his partner was a convicted felon. As in the other scams, Gagnon did no legwork and “recklessly ignored several warning signs.”
    • Even as he touted the third program, Gagnon had received “several” bad checks from the purported “successful” trader. Gagnon continued to tout the program.
    • Gagnon then touted a fourth program, apparently one operated by a Ugandan national Gagnon had met on the Internet. (Gagnon stopped promoting this program, according to the SEC, only after the agency subpoenaed his bank records.)
    • Gagnon has shown “no remorse” for his conduct “and has tried to downplay his culpability.”

    Whether “Ken Russo” has conducted any “due diligence” on JSS/JBP is unknown. Whether “Ken Russo” has any qualifications to sell securities is unknown. Whether “Ken Russo” qualified investors in any way is unknown. Whether “Ken Russo” retained or reviewed JSS/JBP records, bank or brokerage accounts statements or e-currency account records is unknown.

    What is known is that “Ken Russo” proceeds from scheme to scheme to scheme.

    “I would caution everyone not to listen to anyone who is posting negative comments about this program,” “Ken Russo,” posting as “DRdave” on TalkGold, urged today. “JBP/JSSTripler has changed many lives during the past 13 months and it is one of the best programs I have seen since I first entered the industry back in 1996!”

    Here, according to the SEC, is how Gagnon, who’d been pitching programs online “since at least 1997,” described Legisi:

    “IN ALL OUR EXPERIENCE IF (sic) HIGH YIELD PROGRAMS THIS IS THE ONLY GENUINE PROGRAM THAT WE HAVE EVER FOUND!”

    McKnight, like Gagnon, is facing millions of dollars in civil judgments. And McKnight pleaded guilty last month to a criminal charge of wire fraud.

    It turned out that Legisi was not “GENUINE” at all.

  • BULLETIN: CFTC Moves Against Alleged Texas Forex Fraudster Christopher B. Cornett; Agency Says Huckster Is Convicted Felon Once Banned By NASD; 5 International Law-Enforcement Agencies Assisted In Probe

    BULLETIN: The CFTC has gone to federal court in Texas, alleging that Christopher B. Cornett of the town of Buda was operating a Forex- pool fraud and misappropriation scheme that gathered more than $14 million in phases between June 2008 and October 2011.

    Cornett has been charged civilly with fraud, which allegedly operated through entities the CFTC identified as ITLDU, ICM, International Forex Management LLC and/or IFM LLC.

    “[M]ost, if not all, of the profits, losses and account balances that Cornett reported to pool participants were false,” the CFTC said.

    Five international agencies, according to the CFTC, assisted in the probe: the U.K. Financial Services Authority, the British Virgin Islands Financial Services Commission, the Ontario Securities Commission, Germany’s BaFin, and the Swiss Financial Market Supervisory Authority.

    In 2003, according to the CFTC, the National Association of Securities Dealers (NASD) “barred [Cornett] with association with any NASD member in any capacity” and ordered Cornett to pay restitution in the amount of $28,423.73 for signing a customer’s name on the back of a check and using the funds for Cornett’s personal benefit without the authorization, knowledge or consent of the customer.”

    NASD was the predecessor agency of the Financial Industry Regulatory Authority (FINRA).

    Also in 2003, Cornett was sentenced to 37 months in federal prison after pleading guilty to five counts of bank fraud, the CFTC said.

    Read the CFTC complaint.