Tag: Florida Office of Financial Regulation

  • In Face Of Clawback Action And Warnings On Bitcoin Scams, Zeek Figure And Florida ‘ExPat’ T. LeMont Silver Offers ‘BitClubNetwork’ Mark Bonus Of More Than 3 Times What He Pays His Dominican Maid — And Uses Address In Money-Laundering Haven

    “The Florida Office of Financial Regulation (OFR) warns consumers of the potential risks associated with purchasing, investing in, and exchanging virtual currencies, such as bitcoin. Members of the U.S. Congress, federal and state regulatory authorities, are continuing to question a way forward with respect to these diverse and decentralized payment mechanisms. Mt. Gox, an international Bitcoin exchange, filed for bankruptcy that resulted in losses in excess of $400 million and put a spotlight on risks surrounding virtual currencies.”Florida Office of Financial Regulation, March 18, 2014.

    “The Court may wish to take judicial notice of the many online videos in which one Defendant, T. Le Mont Silver, has appeared regarding his moving his family to the Dominican Republic . . . and promoting several ‘revenue sharing’ schemes in addition to Zeek.”Kenneth D. Bell, Zeek Rewards receiver, July 30, 2014.

    “Today the Consumer Financial Protection Bureau (CFPB) issued a consumer advisory warning consumers about the risks of virtual currencies such as Bitcoin. The CFPB advises consumers to be aware of potential issues with virtual currencies such as unclear costs, volatile exchange rates, the threat of hacking and scams, and that companies may not offer help or refunds for lost or stolen funds. The CFPB also announced that consumers who encounter a problem with a virtual currency product or service can now submit a complaint with the Bureau.”Consumer Financial Protection Bureau, Aug. 11, 2014.

    Using a launching rocket in a promo, "BitClub Network" is set to launch Sept. 1, the 75th anniversary of the beginning of World War II.
    Using a rocket in a promo, “BitClub Network” is set to launch for “Founders” on Sept. 1, the 75th anniversary of the beginning of World War II. Will more financial terror rain down from the skies above HYIP Ponzi Land?

    4th UPDATE 3:27 P.M. EDT U.S.A. Florida “ExPat” T. LeMont Silver, a target of a huge clawback lawsuit flowing from the 2012 Zeek Rewards Ponzi- and pyramid case and a veteran HYIP “revenue-sharing” huckster, may be a bit slow on the uptake.

    Florida — his own state — issued a caution in March 2014, warning that there are risks associated with bitcoin and that virtual currencies have been known to have “[l]inks to criminal activity.”

    In July, the court-appointed receiver suing Silver for the return of his alleged winnings in the Zeek scam alleged that Silver was in a group of “serial” pitchmen of “revenue sharing” schemes — in this context, Zeek-like schemes to defraud.

    Receiver Kenneth D. Bell asked a federal judge to take “judicial notice” of certain Silver promotional videos.

    Silver’s Zeek gains tipped the scale toward $2 million and came from Zeek victims, Bell has alleged.

    On Aug. 11, the Consumer Financial Protection Bureau (CFPB) issued a warning on bitcoin-themed scams.

    “You may also have heard that some people buy them as speculative investments or that you can ‘mine’ them with your computer,” CFPB said in its warning.

    Sometime after 6 p.m. yesterday, Silver sent out an email promising recipients an “enormous opportunity in Bitcoin Mining” through a “program” known as “BitClub Network,” the PP Blog has learned.

    “BitClub Network” prospects are asked to invest in “mining pools,” BehindMLM.com is reporting. (Link below.)

    “There are already hundreds of companies that do a share of revenue with their traders in this space,” the Silver email read in part.

    So, another “revenue-sharing” scheme from Silver — this in the face of highly public warnings about bitcoin-themed scams, HYIP scams and even a de facto warning from the Zeek receiver that something untoward was occurring.

    “Even if you have no list or never have a recruit, you can leverage this system to earn EVERY DAY for a period of 1,000 days!” the Silver email bleats. “As you grow your units … each subsequent unit also earns for 1,000 days.”

    No part of the email touches on any of the warnings issued by regulators about the volatility of bitcoin values and scams that crop up that seek to attach themselves to bitcoin.

    Here is how the Florida OFR spelled out the risks just five months ago (italics added):

    • No insurance guarantee. Virtual currency is not guaranteed with protection, while funds held by U.S. banks and credit unions are insured.
    • Unpredictability. The value of virtual currencies can rise and fall in a short time, and these values are driven by the marketplace. Those who deal in virtual currencies should realize the risks, which can result in substantial losses.
    • Security. Some virtual currency exchanges that offer to store the consumers’ funds in virtual wallets have failed to protect them, resulting in consumer losses due to hacking of these virtual wallets.
    • Links to criminal activity. Criminals have taken advantage of the anonymity provided by virtual currencies, and have used them for money laundering and other crimes. If an exchange is shut down, consumers may not be able to access their funds.
    • Regulation. Oversight of virtual currencies has not been thoroughly developed, and thus, consumers lack many of the protections they have come to expect within the financial services industry.
    • Tax obligations. To view the Internal Revenue Service (IRS) guidance on the tax implications concerning virtual currencies, visit http://www.irs.gov/pub/irs-drop/n-14-21.pdf.

    Silver has been featured in videos bragging about how good his life has been in the Dominican Republic, which recently has been rocked by the alleged TelexFree Ponzi- and pyramid scheme that has affected hundreds of thousands of people across the globe.

    The veteran HYIP huckster appears to have relocated to the Dominican Republic from Florida after the collapse of the Zeek scheme and after at least two other “revenue-sharing programs” he promoted after the collapse of Zeek also cratered.

    One way to view these outrageous “programs” is as a war against people of limited means or people already living in poverty, dressed up as in invitation to escape their own misery. Like the rockets of war rain down on their human targets, HYIP offers fairly rain down from the skies of the Internet, putting vast numbers of people at risk.

    Whether Silver remains in the Dominican Republic is unclear. His email for the “BitClub Network” appears to have used an address in Seychelles, an Indian Ocean archipelago nation associated with money-laundering. Why a Florida man who apparently did at least a pass-through in the Dominican Republic would be using a Seychelles address was unclear.

    Agnes Jouaneau, a purported “director” of Inter Reef Ltd., a purported U.K. business associated with the Profitable Sunrise HYIP swindle last year, purportedly operated out of Seychelles. (Also see this disturbing 2010 story at Stuff.co.nz that references the name of Jouaneau before Profitable Sunrise emerged and raises questions about the laundering of money, perhaps even for terrorism.)

    Incredibly and disgustingly, Silver’s pitch for “BitClub Network” promises “[$]600 to one person that goes through this entire email” and puts into action “everything” he shares in a video pitch.

    Silver did not say whether he intended to pay his mark with proceeds from Zeek or any of his other scams.

    The $600 sum apparently earmarked for his “BitClub Network” mark is more than three times the monthly wage Silver said in a January video he paid his Dominican maid.

    Also see “BitClub Network” review at BehindMLM.com.

    A snippet from BehindMLM.com (italics added):

    At the very least, it’s a certainty that BitClub Network are accepting investments from affiliates on the expectation of a >100% ROI. Whether or not the scheme has registered itself with the SEC is unclear. Given the offshore domain registration with a Panama-based provider, I’d say it’s unlikely.

    BitClub Network is an offshore scheme seeking to fleece investors under the guise of “let us explain Bitcoin mining to you”, with the mining itself (if any actually exists) having little to nothing to do with the flow of funds within the scheme.

    Whilst the owner(s) of BitClub Network are for now are sticking to the shadows, there’s evidence that factions of the Zeek Rewards Ponzi scheme might be behind it.

    “Bitclub Network” and its companion rocket apparently are set to launch for “Founders” on Sept. 1.

    If it does, it will launch on the 75th anniversary of the beginning of World War II and all the hellfire that followed. On Sept. 1, 1939, Hitler invaded Poland.

    NOTE: Our thanks to the ASD Updates Blog for providing the July 30 filing by the Zeek receiver.

  • BULLETIN: George Theodule, HYIP Ponzi Huckster Identified In 2008 By SEC, Arrested On Criminal Charges

    breakingnews72George Louis Theodule, identified by the SEC in a 2008 civil case as a multimillion-dollar Ponzi huckster and affinity fraudster largely targeting the Haitian community through so-called “investment clubs,” now has been arrested on criminal charges, federal prosecutors in the Southern District of Florida said.

    Investors were duped into believing Theodule’s HYIP “program” through entities known as Creative Capital Consortium LLC and A Creative Capital Concept$ LLC had been endorsed by a regulatory agency, the SEC said in December 2008

    The FBI and the Florida Office of Financial Regulation joined in the probe, prosecutors said.

    “This case provides an egregious example of someone exploiting the trust of members of their own community,” said OFR Commissioner Drew J. Breakspear.

    “Ponzi schemes, affinity fraud schemes, and high-yield investment fraud scams such as this pose a serious threat to people,” said U.S. Attorney Wifredo A. Ferrer.

    Theodule, formerly of Wellington, Fla., is 52. He has been charged with with multiple counts of wire fraud, securities fraud and money-laundering, prosecutors said.

    “This is a stark reminder that promises of large returns with little risk should immediately send up red flags and make investors run the other way,” said Michael B. Steinbach, special agent in charge of FBI’s Miami office..

     

  • CURRENT NUMBER: [35]: Tally (Unofficial) Of States And Provinces Filing Actions Or Issuing Investor Alerts Against Profitable Sunrise

    This disturbing ad for Profitable Sunrise is targeted at residents of South Dakota.
    This disturbing ad for Profitable Sunrise is targeted at residents of South Dakota.

    UPDATED 8:52 A.M. EDT (APRIL 16, U.S.A.) See related stories here (April 1) and here (March 25).

    EDITOR’S NOTE: These numbers are unofficial. They are culled from media reports and/or news releases from enforcement agencies. As the PP Blog reported yesterday, the Profitable Sunrise website appears to be down. The reason why is unclear, although there are Ponzi-forum reports that the “opportunity” is switching servers, perhaps to Hong Kong.

    For background, consider that the Zeek Rewards “program” operating in North Carolina until the SEC filed a Ponzi action last year allegedly planted the seed that it provided a return of about 1.5 percent a day. The bizarrely named “Long Haul” plan of Profitable Sunrise — with its purported Easter payout — purported to pay 2.7 percent a day. Indeed, the HYIP Ponzi universe has served up another doozy. Some of the Stepfordian promoters appear to have no concern at all that such “programs” undermine faith in legitimate markets and raise serious concerns about both national and international security. As noted below, HYIP “programs” are known to trade on themes of religion, patriotism and doing what’s best for a community. Despite all the fluff, the reality is that the “programs” are dangerous. Period.

    Current count of state/provincial actions or investor alerts against Profitable Sunrise: 20. (Now 35, with March 15 additions of South Carolina, Alaska, Maryland, Maine, the March 18 addition of New Jersey, the March 19 additions of Louisiana and Tennessee, the March 21 additions of Oregon and Missouri, the March 25 addition of New Hampshire and the March 28 addition of West Virginia.  The District of Columbia (Washington, D.C.) issued a warning on March 19. It was added to this list on March 27. Georgia issued a cease-and-desist order on March 14. It was added to this list on March 27. Idaho issued an Investor Alert on April 15. It was added to this list on April 16. Manitoba, in Canada, issued an alert on March 15. It was added to this list on March 21.)

    In Canada: New Brunswick, Quebec, Ontario, British Columbia, Alberta, Manitoba.

    In the United States: Kentucky, Ohio, Florida, Wisconsin, Nevada, Minnesota, California, Indiana, New Mexico, Texas, Delaware, North Dakota, South Dakota, Alabama, North Carolina, South Carolina, Alaska, Maryland, Maine, New Jersey, Louisiana, Tennessee, Oregon, Missouri, New Hampshire, District of Columbia (Washington, D.C.), Georgia, West Virginia, Idaho.

    Regulators in New Zealand (FMA) and the United Kingdom (FSA) also have issued warnings against Profitable Sunrise.

    Here’s a sampling of what securities officials are saying:

    From the office of David Goodman, director of the Ohio Department of Commerce (italics/bolding added):

    The Division is concerned that these businesses could be targeting religious-based organizations. The company’s website includes Bible quotations and options for donating investment returns to charity. The website also describes various investment plans that claim to offer returns between 288% and 648% for investment periods between 180 days and 240 days. The website claims the investments are “risk-free” with “no chance of default” and provides short-term business loans in the United States.

    The website also includes apparent traits of a pyramid scheme. It provides details about a “referral program” where individuals can become regional representatives for an investment group. The regional representatives are offered five percent commissions from those who join the referral program under that representative’s name.

    From the Florida Office of Financial Regulation (OFR):

    To attract interest in its investment offerings, Profitable Sunrise and its sub-companies may be attempting to exploit investors’ religious affinities. The organization is believed to be engaged in a marketing campaign which makes conspicuous use of biblical quotations.

    From the Division of Securities at the Wisconsin Department of Financial Institutions (DFI):

    Investors in other states were informed that their money would be used to fund short-term loans to businesses and that “all funds deposited with (Profitable Sunrise) are insured against loss” by a leading investment bank. Investors were instructed to wire money to financial institutions in Eastern Europe, including one bank that was located in the Czech Republic.

    From the office of Nevada Secretary of State Ross Miller:

    Securities officials are also concerned that the company is using a related website for the “Profitable Sunrise Team” to entice people to bring in additional investors for a commission. Secretary Miller cautions Nevada residents that “investment products must be registered or exempt from registration to be sold in Nevada, and generally those selling an investment must be licensed.”

    There have also been reports that Profitable Sunrise has directed investors to wire transfer funds to a bank in the Czech Republic. Secretary Miller warns investors that it can be extremely difficult for an investor to recoup funds invested through banks in foreign countries.

    From the New Brunswick Securities Commission:

    Investors are warned not to send money to an offshore company called Profitable Sunrise, an entity that claims to provide high-yield investments through short-term bridge loans to businesses. The New Brunswick Securities Commission is issuing this warning following similar warnings by several Canadian and American securities regulators.

    From the office of Indiana Secretary of State Connie Lawson. (Editor’s note: Indiana officials are describing some of the Profitable Sunrise talking points used to disarm skeptical investors. Scams often trade on patriotic themes and claims that investors are helping drive the economy. The AdSurfDaily Ponzi scheme (and many others) have used similar talking points):

    Profitable Sunrise founder, Roman Novak, states that the investment model is based on providing short-term loans to small businesses throughout the United States. Profitable Sunrise makes investments attractive by not only touting risk-free, high returns but also by stating that by helping these United States companies, investors are also helping revitalize the national economy and create more desperately needed jobs in the United States.

    From the office of Minnesota Commerce Commissioner Mike Rothman:

    Commerce Commissioner Mike Rothman ordered Profitable Sunrise and its operators, Roman Novak and Radoslav Novak, and Minnesotans William Nilsson (a/k/a Chad Nilsson) and Casey Dorian, today to cease and desist from selling securities in the State of Minnesota.

    The Minnesota Department of Commerce, in conjunction with 19 jurisdictions throughout the United States and Canada, took coordinated action against Profitable Sunrise, an international entity allegedly operating an internet scheme to defraud investors. The Commerce Department’s investigation found that two individuals in Minnesota, Chad Nilsson and Casey Dorian, were allegedly participating in the investment scheme, currently soliciting investors but are not licensed to sell securities in the state.

    (Editor’s Note: When the SEC moved in August against the alleged $600 million Zeek Rewards Ponzi- and pyramid scheme, the state of North Carolina warned about “reload scams.” Chad Nilsson may not have gotten the message, something that’s not unusual in the world of MLM. From WhoIsChadNilsson.com: “Of course we are all waiting patiently for our Zeekler Refunds, but now, in the meanwhile, there is a company out that is better than Zeek Rewards every [sic] was! A six year old company has just launched a new program that is even better. They are paying 2.15 percent daily and you can pull your profit out every day if you want, right from day one. If you were to put $200.00 into this new program, in 170 business days, your money would have grown to $7500.00!)

    See this story/comments thread for more info on actions/alerts against Profitable Sunrise.

     

  • 3 PONZI/FRAUD CAPSULES: (1) Washington State Woman Jailed In Alleged $126 Million Ponzi Scheme; (2) Charity, Church, Investors In Metro Washington, D.C., Allegedly Scammed In $27M Ponzi; (3) South Florida Man Sentenced To More Than 12 Years In $29.5M ‘Gold’ Scam

    Screen shot: PDF from section of Page 1 of the indictment of Doris E. Nelson in an alleged $126 million Ponzi operating internationally through multiple companies.

    EDITOR’S NOTE: This information is presented in the form of briefs, with links to external sources.

    1.) Doris E. Nelson, arrested/jailed in Spokane, Wash., region, last week after federal raid in April 2010. SEC filed civil charges in September 2011.

    The allegations against Nelson and multiple companies in Nevada, Utah and Canada are alarming, but also somewhat standard fare if you’ve been observing how schemes form and then explain away problems when trouble develops.

    Among the core allegations are these:

    • Nelson, of Colbert, Wash.,  ran a payday-loan business called “The Little Loan Shoppe” in the area of Spokane. The firm was linked to multiple LLCs in the United States and multiple LTDs in Canada. The business started out in the Canadian province of British Columbia in roughly 1997, and moved to the United States “in or about 2001.” Investors were told they could earn enormous profits from the spread between the loan shop’s expenses and what it charged customers for a short-term loan.
    • The Ponzi scheme took in “at least” $126 million and caused losses of more than $40 million — losses that affected “at least” 800 investors.
    • Federal prosecutors say they have identified “victim investors” in multiple Canadian provinces and multiple U.S. states. The indictment also lists a victim from Spain.
    • The payday loan business was not profitable. Investors were getting paid through a complex shell game that lasted for years and involved the formation of new companies, including marketing and “leads” arms.
    • Nelson and some of the defendants engaged in wire fraud, mail fraud and money-laundering.
    • Nelson lied to the Manitoba Securities Commission and advised certain parties to lie to the British Columbia Securities Commission (BCSC).
    • Nelson used investor funds to purchase a motor home valued at nearly $127,000, a Chevrolet Corvette valued at more than $61,000, a Mercedes Benz valued at nearly $112,000. She purchased more than $220,000 in clothing at the St. Johns Knits store and $217,000 at other stores, including Nordstrom.
    • Nelson lost $400,000 of investors’ funds gambling at various Las Vegas casinos.
    • Nelson spent investors’ money on luxury sea cruises, including nearly $29,000 on a Royal Caribbean cruise in which she also spent $23,500 in investor funds to gamble.
    • The promissory-notes scheme showed classic signs of collapse in October 2008. (More details below.) Nelson slashed payouts to investors — from an anticipated rate of between 40 percent and 60 percent to 10 percent. The 10 percent payouts collapsed by March 2009.
    • Nelson claimed Little Loan Shoppe bought the building it used in Spokane, but that was a lie. In truth, the company was paying rent to a company owned by Nelson’s husband.
    • In February 2008, leading up to the beginning of the end in October 2008, Nelson forecast “an explosion of profit.” In May, she announced that “our industry is thriving.” She then opened a new window for investments, telling marks that she was “excepting” new money, as opposed to “accepting” it.  “[T]his window of opportunity will probably not be open again due to the expected surplus of income . . .” she wrote.
    • Between late June and late July of 2008, Nelson announced a “massive marketing campaign” that would turn the operation into “one of the largest loan companies.”
    • Millions of dollars flowed to the teetering scheme after Nelson’s various hype fests.
    • In October 2008, Nelson lied to BCSC about how she was making interest payments to investors, denying that the money came from “newer” investors and claiming the cash came from loan profits.
    • BCSC ordered Nelson to stop issuing promissory notes. Nelson then told investors that changes to U.S. lending laws had “dramatically reduced our profits . . .”
    • In February 2009, Nelson advised investors to quit contacting her about their investments because the inquiries were distracting her. She then announced a purported account review. In March 2009, Nelson told investors that the account review was behind schedule and perhaps would not be completed until the middle of April.
    • In March 2009, Nelson traveled to Florida to try to get more money from existing investors.
    • The scam then collapsed in its entirety and investors experienced ruin.

    Read/view coverage of alleged Nelson scam at KXLY.com.

    The Alleged Garfield M. Taylor Ponzi Scheme In Metro Washington, D.C.

    2.) Garfield M. Taylor, others sued by SEC last week amid spectacular allegations of Ponzi fraud targeted at charities and people of faith, among others.

    Outlined below are some of the core allegations in the alleged Garfield M. Taylor Ponzi scheme, which includes multiple defendants and multiple companies. The SEC brought the case last week, alleging a $27 million Ponzi scheme.

    First, a quote from Stephen L. Cohen, the SEC’s associate director in the Division of Enforcement.

    “Garfield Taylor and his partners in the scheme touted themselves as seasoned and trustworthy financial professionals offering a conservative but lucrative investment opportunity. In reality, they were gambling away investor assets in extremely risky trades and operating a classic Ponzi scheme.”

    Key allegations:

    • Garfield Taylor, of North Bethesda, Md., formerly worked for Fannie Mae and “frequently” used its name in his fraud pitch. His companies, Garfield Taylor Inc. and Gibraltar Asset Management Group LLC, were charged by the SEC, as were five alleged “collaborators”: Maurice G. Taylor of Bowie, Md., who is the brother of Garfield Taylor; Randolph M. Taylor of Washington, D.C., who is the nephew of Garfield Taylor; Benjamin C. Dalley of Washington, D.C., who is the childhood friend and business partner of Randolph Taylor; Jeffrey A. King of Upper Marlboro, Md., whose sister is married to Maurice Taylor; William B. Mitchell of Middle River, Md.
    • The scheme operated “at least” between 2005 and 2010, targeting “middle class” investors and charities.
    • The FDIC’s name was used to sanitize the scam.
    • Unregistered brokers were used to recruit investors.
    • The firms themselves were not registered.
    • Misleading PowerPoint presentations were used.
    • A Baptist church in Maryland, a children’s charity in Washington and an investment club in Philadelphia were shown the PowerPoint presentations.
    • Fancy language such as “proprietary strategy,” “covered call investment strategy” and “unparalleled downside protection” was used.
    • The Baptist church also was shown a “fake ‘letter of recommendation’ from Charles Schwab.”
    • “This letter was not prepared by anyone at Charles Schwab. Rather, it is a fabrication.”
    • A retiree from Lanham, Md.,  plowed more than $780,000 into the scam, an amount that represented “nearly his entire retirement savings.”
    • At least one investor in 2009 was worried about his/her nest egg in the post-Bernard Madoff environment, but Dalley reassured the investor that the opportunity had “taken the internal measures to strictly regulate our traders and accounting to ensure that our investor’s investments are safe.”
    • When Dalley provided the assurance, he already knew that the opportunity “had not followed a covered call trading strategy and had instead engaged in highly speculative naked options trading.”
    • Garfield Taylor actually was operating a “joint Ponzi scheme” through his companies.
    • Garfield Taylor “convinced at least three individuals to give him the username and password to their online brokerage accounts in order for Garfield Taylor to place trades in those accounts on a discretionary basis in exchange for a share of any profits generated.” A Maryland woman duped in this fashion lost “nearly her entire account” originally worth $450,000 “in a matter of two months.”
    • Garfield Taylor used investors’ money to send his children to private school at a cost of $73,000.
    • At one point, one of the Garfield Taylor firms had “less than” $1,000 in its account, but an investor “wired approximately $590,000.” Garfield Taylor used the incoming money to make Ponzi payments.

    Read the SEC complaint.

    Gold Scammer Gets More Than 12 Years In Slammer

    3.) Jamie Campany, 48, of Palm Beach County, Fla., sentenced to federal prison in $29.5 million fraud.

    Key allegations:

    • More than 1,400 investors defrauded.
    • Multiple companies operating in South Florida and elsewhere involved, including Global Bullion Exchange LLC of Lake Worth. Scam also used name of “Barclay.”
    • Fraud fueled by telemarketing.
    • FBI, U.S. Postal Inspection Service and Florida Office of Financial Regulation handled probe.

    Read Feds’ statement announcing the Campany sentencing.

    Watch Campany tell ABC News how he scammed the masses.

     

  • David R. Lewalski Pleads Guilty In $30 Million Botfly LLC Ponzi Caper; Case Had ASD-Like Twists, Including Efforts To Demonize Government; Attorney Seeking Relief For Victims Was Called Vile Name

    UPDATED: 3:07 P.M. EDT (U.S.A.) David R. Lewalski, a Florida man who ran a $30 million Forex Ponzi scheme through a firm known as Botfly LLC, has pleaded guilty in federal court in the Middle District of Florida.

    Lewalski, 47, formerly resided in Gainesville. Parts of the Botfly case are reminiscent of the AdSurfDaily case. Public officials and others involved in the case were called names, and Lewalski is alleged to have discussed a plan by which he’d get investors to pay for his defense.

    An attorney working for the court-appointed receiver in the Botfly case was called a Nazi and a “c[$%!],” and case filings also include a reference to an “FDLE chick.”

    FDLE stands for Florida Department of Law Enforcement. Both the Botfly and ASD cases started with civil complaints, followed by criminal charges.

    Like Botfly, ASD also was based in Florida. ASD President Andy Bowdoin now is trying to get members of his autosurf scheme to pony up $500,000 for Bowdoin’s defense. He previously described federal prosecutors and the U.S. Secret Service as “Satan,” and some ASD members described public officials as “Nazis” and “goons.”

    Even as Lewalski was under investigation, at least one person gave Lewalski $50,000 to pay for a lawyer — and this occurred after Lewalski had chartered a private Gulfstream IV jet at a cost of $172,744 to fly from the United States to Belgium one day after he was charged civilly in Florida, according to court records.

    In court filings, prosecutors argued that Lewalski also sought to tamper with witnesses and told “family members and other potential witnesses to stay quiet and not cooperate with law enforcement.”

    Some members of AdSurfDaily advised other members not to fill out victims’ forms and not to file a restitution claim. Bowdoin has blamed his legal predicament on a federal judge, federal prosecutors, his former attorneys and the U.S. Secret Service.

    Lewalski faces up to 20 years in federal prison.

    Involved in the Botfly investigation were the Financial Fraud Enforcement Task Force, the U.S. Postal Inspection Service, the Florida Office of Financial Regulation and the Florida Office of the Attorney General.

  • FLORIDA — AGAIN: Postal Inspectors Say Recidivist Felon With 24 Bank Accounts And Undisclosed Criminal History Bilked Investors In $20 Million Scam; James Risher Arrested Before He Could Take Flight To Bermuda

    A recidivist securities felon tied to at least 24 bank accounts had an airline ticket for Bermuda last week but was arrested in Florida  before he could get offshore after scamming investors in a long-running fraud scheme that had gathered $20 million, according to law-enforcement officials.

    Charged in a criminal complaint by the U.S. Postal Inspection Service was James D. Risher, who is associated with firms identified as Jade Asset Group LLC, Managed Capital LLC and Safe Harbor Investments. Risher is accused of mail fraud, wire fraud, money-laundering and conspiracy.

    Risher, 61, of Sanibel, Fla., was released from federal prison on Aug. 14. 2004, according to records. His imprisonment stemmed from 1997 convictions for mail fraud, securities fraud and money-laundering for which he was sentenced to 92 months, with three years’ supervised probation after his release.

    He also has state-level convictions in Georgia from a securities swindle in the early 1990s, according to records.

    The new charges against Risher suggest he embarked on a new swindle in early 2007, perhaps while still on probation for the swindle that led to his 1997 convictions. The FBI, the IRS, the Florida Department of Law Enforcement and the Florida Office of Financial Regulation are assisting postal inspectors in the new probe, which is ongoing.

    One of the keys to Risher’s arrest was a notification that law enforcement received from U.S. Immigration and Customs Enforcement (ICE) that Risher had a plane ticket to fly from North Carolina to Bermuda last week, according to court documents.

    Risher, according to the investigating postal inspector, had been placed on an ICE watch list during the probe and was being monitored for “scheduled travel outside of the country.”

    The investigating postal inspector advised a federal magistrate judge that Risher was a flight risk and may have a bank account in Bermuda, which is located in the Atlantic Ocean about 640 miles from North Carolina. ICE is part of the U.S. Department of Homeland Security.

    Risher had reason to believe  investigators were closing in, according to the postal inspector’s affidavit.

    Fleeced investors were demanding their money, according to the affidavit. Meanwhile, at least two Florida law firms were investigating claims against Risher on behalf of about 150 investors, according to other records.

  • KABOOM! CFTC/FTC Cases Against American Precious Metals LLC Were Part Of Broader Effort By New Task Force Operating In South Florida; Feds, State Throw Down Gauntlet Against Scammers

    Kaboom! It turns out that the cases announced this week against American Precious Metals LLC (APM)  by the CFTC and FTC were part of a geographically localized law-enforcement initiative that sprouted from “Operation Broken Trust,” a major national initiative undertaken last year by the U.S. Department of Justice and partner agencies as part of the interagency Financial Fraud Enforcement Task Force.

    The localized initiative that led to both the CFTC and FTC bringing actions against APM is known as the South Florida Securities and Investment Fraud Initiative. It was created in December 2010 by U.S. Attorney Wifredo Ferrer, the top federal prosecutor in the Miami region.

    The CFTC accused APM of running a precious-metals scam. Meanwhile, the FTC opened up a second legal front by charging the company with operating a telemarketing fraud scheme from a boiler room. The effect of the approach is that APM, which both agencies accused of running frauds that had gathered tens of millions of dollars, now has to square off against litigation coming from two different directions.

    Ferrer has warned for months that white-collar fraudsters operating in the region had no safe haven either onshore or offshore.

    In addition to Ferrer’s office, the CFTC and FTC, members of the South Florida Task Force include the FBI, the IRS, the U.S. Secret Service, the U.S. Postal Inspection Service, the SEC, the FDIC, the Florida Office of Financial Regulation and ICE Homeland Investigations.

    ICE is a division of the U.S. Department of Homeland Security.

    “Investors lose billions of dollars annually to fraudulent schemes,” Ferrer said in December, when introducing the new task force. “Some victims — the luckier ones — lose only thousands of dollars. Others lose their entire lives’ savings. While the victims of fraud are financially ruined, the fraudsters live a life of luxury. Together with our law enforcement and regulatory partners, we hope to help put an end to this type of fraud.”

  • FLORIDA — AGAIN: State, Local Authorities Say Marguerite Martial Jean Ripped Off Hundreds Of Haitian-Americans In Affinity-Fraud And Ponzi Caper That Targeted Churchgoers

    Marguerite Martial Jean. Source: Broward County Sheriff's Office

    Marguerite Martial Jean has been arrested in Florida on felony charges of operating a $3.4 million Ponzi scheme that targeted Haitian-Americans and churchgoers in the Sunshine State.

    Florida has been plagued by Ponzi schemes and other forms of financial fraud. The announcement of Jean’s arrest was made by Miami-Dade County State Attorney Katherine Fernandez Rundle. Joining Rundle in the announcement were Tom Cardwell of the Florida Office of Financial Regulation, and Jeff Atwater, the state’s chief financial officer.

    Jean, 38, was charged securities fraud, grand theft and organized scheme to defraud. She is being held at the Paul Rein Detention Facility. Bail was set at $300,000.

    Authorties said Jean fleeced at least 293 victims through her companies, which were known as MMJ’s Warehouse and VLM Enterprise. Among other things, Jean posed as a buyer and seller of rice from India who shared money she made on the spread with investors, authorities said.

    “Jean promoted the investment offering to members of her church congregation guaranteeing her promissory notes and made promises to pay investors as much as 22% interest,” authorities said.

    When investigators reverse-engineered the scheme, a “bank analysis revealed that investor funds went to Jean’s personal account, which she subsequently used to pay older investors and finance her lifestyle,” authorities said.

  • FLORIDA — AGAIN: Man Arrested Amid Allegations He Swindled Investors In ‘Yogurt-Based Product To Re-Grow Hair’; Joseph P. Fox Of Telogenesis Inc. Was Recidivist Offender, State Says

    A Florida man who served jail time in an earlier scheme in California has been arrested by the Miami Beach Police Department and agents from the Florida Office of Financial Regulation (OFR), amid allegations he swindled investors in a “yogurt-based product to re-grow hair,” OFR said.

    Joseph P. Fox, president of Telogenesis Inc. of Miami Beach, was charged with Grand Theft and Organized Scheme to Defraud in his sale of Telogenesis stock.

    Beginning in 2007, Fox sold Telogenesis stock for $1,000 a share to at least 59 investors. All in all, he gathered $380,000 in the scheme and used most of the money to support his lifestyle, OFR said.

    In 2002, OFR said, Fox was charged with grand theft in California and served 270 days in jail.

    The Telogenesis scheme was similar to the California scheme, OFR said.

    Fox made “false representations” about the financial soundness of Telogenesis and its development of the yogurt-based hair product, positioning it as “a breakthrough in the cosmetic industry,” OFR said.

    A website from which a Telogenesis product was pitched as being available “very soon” for $1,999 included links to medical journals that appeared to have no tie to the product — and also to Oprah Winfrey’s website.

    Winfrey’s site also appeared to have no tie to the Telogenesis product, which was advertised on IGrowHair.com

    It is not uncommon for hucksters to try to create the appearance that prominent medical organizations, celebrities and the government endorse products when they do not.

  • BULLETIN: Another Ponzi Scheme In South Florida; SEC Alleges $28 Million Fraud Against Trade-LLC

    A Florida company — Trade-LLC — and its operators have been accused of running a $28 million Ponzi scheme that fleeced members of three investment clubs.

    Named defendants by the SEC were Trade-LLC and its managing members, Philip W. Milton and William Center. The scam operated in the Palm Beach Gardens area, and affected more than 800 members of the investment clubs, the SEC said.

    Investors were persuaded to “entrust Trade-LLC with money so that it could trade securities on the clubs’ behalf using its purported proprietary software trading program,” the SEC said.

    “With claims of a sophisticated trading program and extraordinary returns, Milton and Center persuaded the clubs and their members to increasingly invest millions with Trade-LLC,” said Eric I. Bustillo, director of the SEC’s Miami Regional Office. “They then blatantly lied to the clubs about the returns that were being achieved and hid the clubs’ losses by running a Ponzi scheme.”

    U.S. Attorney General Eric Holder gave a speech in the Palm Beach area in January, warning fraudsters that they were writing their own tickets to jail. Florida has been pounded by both Ponzi schemes and cases of real-estate and mortgage fraud.

    Milton already has agreed to settle the SEC charges against him, the SEC said.

    Trade-LLC will be placed in receivership and also “has also consented to pay a civil money penalty to be determined by the court,” the SEC said. Milton has been ordered to return $2.3 million and pay a civil penalty of $130,000.

    “Milton and Center used the clubs’ funds to pay themselves salaries of more than $2 million and $1 million, respectively, and to cover more than $1.3 million in business and other unrelated expenses,” the SEC said. “Milton and Center also transferred, without any legitimate basis, over $4.8 million of the clubs’ funds to three Florida companies they controlled.”

    The case against Center remains unresolved.

    Named relief defendants in the case were the three companies controlled by Milton and Center. They were identified by the agency as BD LLC, TWTT-LLC and CMJ Capital LLC. All of the companies have been placed in receivership and have agreed to a settlement and to disgorge ill-gotten gains, according to the SEC.

    Assisting in the probe were the CFTC and the Florida Office of Financial Regulation.

  • BULLETIN: Florida Office Of Financial Regulation Opens Probe Into PPE-Life; Firm Also Under Investigation In South Carolina Amid Allegations It Sold Unregistered Securities

    A company under investigation in South Carolina amid allegations it sold unregistered securities now is under investigation in Florida.

    The Florida Office of Financial Regulation (OFR) confirmed the probe into PPE-Life this morning.

    “OFR has an open investigation [regarding] PPE-Life and its principals at this time and cannot go into any additional details,” said Flora Beal, an OFR spokeswoman.

    OFR enforces banking, securities and financial laws in Florida.

    Last month, South Carolina Attorney General Henry McMaster ordered PPE to “cease and desist” from selling securities and collecting money in the state. The South Carolina Securities Division opened a probe May 14 amid reports the company was holding recruitment meetings in Sumter, S.C.

    Attendees at a meeting in a hotel about five miles away from Shaw Air Force Base were told PPE was the marketing arm of an unspecified “international bank.”

    When asked to identify the bank, John Barter, a PPE principal, responded that “I am the bank,” authorities said.

    South Carolina has had a problem with financial schemes targeted at military personnel and people of faith.

    Web records show that recruiting efforts for PPE were not limited to sit-down meetings. Online efforts to recruit members date back at least to January and feature images of a bull and a bear and commentary on celebrated stock trader Warren Buffet.

    Buffet is not believed to have any tie to the PPE.

    Florida records identify Barter, Walter Martin, Terry Beyer and Janet Palmer as principals of the Ocala-based company. PPE-Life’s corporate registration was filed April 29, at least three months after recruitment efforts began, according to records.

    At the same time, a web-based promotion for the firm identified it as “the marketing arm of ppe bank international.”

    No such entity appears to have been registered in Florida despite the apparent implementation of a web-based, recruitment-feeder system for PPE-Life in January.

    “what does this mean to you?” a classified ad for PPE asked in January. “this means that you can receive a paid position in this ground floor global opportunity for only $66 (one-time) not $599 (one-time). for $66 one- time, you will join a group of experienced entrepreneurs in a simple, forced 2×2, three-phase feeder system that will generate a third phase payout of $1,840. $599 of your $1840 will be used to to pay for your independent associate membership in ppe life.”

    Records in Florida show that a financial judgment of $295,785.14 was placed against Barter and Janet Palmer — both principals of PPE — in October 2009, about three months before recruitment efforts for PPE appear to have become active online.