This grainy likeness of Legisi HYIP operator Gregory N. McKnight appears in U.S. court files.
BULLETIN: Yesterday’s scheduled sentencing of convicted Legisi HYIP swindler Gregory N. McKnight has been delayed until Nov. 19, but federal prosecutors in the Eastern District of Michigan have asked U.S. District Judge Mark A. Goldsmith to sentence McKnight to 15 years in prison.
McKnight and Legisi relied on “semantic obfuscation” in which investors were told they were joining a “loan program,” not making an “investment,” prosecutors said.
A 15-year sentence is at “the top of the sentencing guidelines of 151-188 months” and “may serve to discourage others who are inclined to involve themselves in similar criminal conduct,” prosecutors argued to the judge.
In February, McKnight, 52, pleaded guilty to wire fraud in the Legisi Ponzi caper. The scam, which planted the seed a return of between .25 percent a day and 12 percent a month was possible, was popularized in part on Ponzi boards such as MoneyMakerGroup and Talk Gold.
Court filings show that Legisi used some of the same payment processors used by the AdSurfDaily Ponzi scheme, including e-Gold and e-Bullion. ASD operator Andy Bowdoin was sentenced in August to 78 months in federal prison.
“The principle mechanism by which investor funds would be funneled to defendant was through the utilization of the internet via digital currency, particularly e-gold and e-bullion,” prosecutors said in the McKnight sentencing memo. “The use of these non-traditional funding methods provided McKnight with the opportunity (at least for a while) to conduct the scheme below the radar of regulators.”
And, prosecutors pointed out, “[i]n 2007, the United States government seized the property in approximately 58 e-gold accounts due to various criminal violations, including McKnight’s account . . . Moreover, in 2008, e-gold and its operators were convicted of money laundering and conspiracy to defraud the United States . . . And in 2006, the United States government commenced a forfeiture suit against e-bullion for operating an unlicensed money transmitting business, wire fraud, and money laundering . . . James Fayed, the owner and operator of e-bullion, was later convicted in the State of California of having his wife murdered and sentenced to death row.”
Legisi gathered about $72 million. The SEC and the U.S. Secret Service led the probe, which resulted in civil charges against McKnight by the SEC and a criminal charge of wire fraud against him by the Secret Service.
Legisi pitchman Matthew John Gagnon also was charged civilly and criminally in the Legisi case.
From the prosecution’s sentencing memo on McKnight (italics added/bolding in original):
As if the exorbitantly high interest rates were not enough to induce investors into defendant’s scam, Legisi also offered a referral program whereby investors could earn a 5% to 7% commission on the amount of new funds that a referred investor placed in the program. As McKnight explained, “[a]s an Active Member of Legisi.com, you are encouraged to refer friends, colleagues, and your own website visitors to us and benefit from an additional source of income — a 5% – 7% incentive bonus for each new account opened by your referrals and on any and all future deposits from them!”
Legisi was an acronymn that stood for “Lucrative Electronic Gold Income Services International,” prosecutors said. HYIP schemes spread in part because unlicensed/unregistered brokers (such as Gagnon) push them online to earn “commissions.”
The MoneyMakerGroup Ponzi forum — one of the outlets from which Legisi was pushed — is specifically referenced in court filings in the Legisi case.
Zeek Rewards, which the SEC described last month as a $600 million Ponzi- and pyramid scheme selling unregistered securities, also was heavily pushed on the Ponzi forums. Zeek used both domestic and offshore financial vendors, including AlertPay and SolidTrustPay in Canada.
Zeek planted the seed it could provide a return of between 1 percent and 2 percent a day, far higher than Legisi’s maximum suggested payout of 12 percent a month. Like Zeek, ASD suggested a payout on the order of 1 percent a day. The ASD scheme gathered at least $119 million, federal prosecutors in the District of Columbia said.
ASD relied on wordplay to dupe investors. So did Legisi, prosecutors said in the McKnight sentencing memo (italics added):
In addition to operating a Ponzi scheme, McKnight committed various securities violations. While McKnight himself referred to Legisi as a “loan” program, and demanded that “members” not refer to their “loan” and an “investment,” Legisi was, in reality, an investment contract, which is considered a security and therefore regulated by the Securities and Exchange Commission. This semantic obfuscation was quite obviously an attempt to sidestep the securities laws.
From a footnote in the prosecution’s McKnight sentencing memo (italics added):
[Legisi] Investors originated from all 50 states and approximately 33 foreign countries (Australia, Bahamas, Belgium, Canada, Cyprus, Demark, England, France, Finland, Germany, Greece, Iceland, India, Ireland, Israel, Italy, Japan, Netherlands, New Zealand, Norway, Malaysia, Mexico, Nigeria, Philippines, Saudi Arabia, Singapore, Slovenia, South Africa, South Korea, Sweden, Spain, Thailand, Trinidad West Indies).
Under the terms of his plea agreement, AdSurfDaily President Andy Bowdoin effectively has been banned from multilevel marketing, Internet opportunities and businesses that employ mass marketing.
The agreement contains this provision, and Bowdoin consented to it in writing as a condition of release before he is formally sentenced: “Your client shall not participate in any business venture using the internet, multi-level marketing, or mass marketing.” (Italics added.)
Language in the agreement suggests the bans could last until Bowdoin is well into his eighties — until Bowdoin, now 77, serves any prison or probationary term imposed. No sentencing date has been scheduled. Bowdoin’s next court date is set for June 12 “to determine if he should be incarcerated pending his sentencing,” federal prosecutors said.
Bowdoin pleaded guilty yesterday to wire fraud for the web-based ASD scam. The information in the numbered entries (below) was confirmed by Bowdoin himself in a “Statement of Offense” that bears his signature. It is in stark contrast to earlier online claims by the ASD patriarch that he had been railroaded and that ASD members should send him money to pay for his criminal defense.
Second Key Win For Government
Bowdoin’s guilty plea marked the second recent win by the government in a major online HYIP case. Gregory N. McKnight, the operator of the Legisi HYIP and Ponzi scheme, pleaded guilty to wire fraud in February. The Legisi and ASD schemes fetched a combined haul of more than $180 million, according to court filings. Bowdoin’s scheme was a form of HYIP fraud known as “autosurfing” in which participants were promised enormous returns for viewing advertisements. The schemes spread in part through social networking and shilling sites such as the TalkGold and MoneyMakerGroup forums.
The U.S. Secret Service was involved in both the ASD and Legisi probes.
ASD Discussed In HYIP’s Conference Call Day Before Bowdoin Guilty Plea
A current HYIP scheme known as JSS Tripler/JustBeenPaid continues to make inroads online. Frederick Mann, the purported operator of JSS/JBP, was identified in 2008 promos as an ASD pitchman. Bowdoin’s legal problems were among the subjects of a JSS/JBP conference call Thursday that appeared to be heavily populated by U.S. residents, including some who expressed worry about the “program.” JSS/JBP purports to provide a daily return of 2 percent, twice that of ASD.
Less than 24 hours after Thurday’s JSS/JBP call ended, Bowdoin pleaded guilty in open court and subjected himself to a possible prison term of 78 months, along with three years’ supervised release. Under the terms of his plea agreement, Bowdoin potentially faces court supervision for the next 9 and a half years.
During Thursday’s call, Mann — an older man, like Bowdoin — did not rule out the possibility that his program could encounter an ASD-like intervention by the government.
“The slavemasters don’t want their slaves to escape,” Mann said, casting the U.S. government as wicked.
“What you need to realize is that the de facto U.S. Constitution is ‘anything goes’ that we can get away with. So, that’s how Obama operates. That’s how Romney would operate if he were elected President. That’s how George Bush operates.”
Like ASD, JSS/JBP may have ties or be sympathetic to the so-called “sovereign citizen” movement. “Sovereign citizens” have an irrational belief that laws do not apply to them. JSS/JBP is so secretive that the “opportunity” does not identify where it is operating from and makes members affirm they are not with the “government.”
After a caller asked Mann Thursday about ASD, Mann said this:
“If they want to arrest people and take their money, they will find some pretext.”
HYIPs operate as virtually pure Ponzi schemes. Victims can pile up by the tens of thousands in a single scheme. The schemes redistribute wealth from the masses and put it in the hands of a select few.
Bowdoin’s Statement
ASD's Andy Bowdoin
Before getting into some of the specifics of Bowdoin’s signed statement — a statement also signed by Bowdoin’s attorney Charles A. Murray and a federal prosecutor — it perhaps is worth noting that Bowdoin’s plea agreement contains this provision to which Bowdoin agreed in writing: “Your client represents to the Court that his attorney has rendered effective assistance.” (Italics added.)
Though boilerplate language, it is important in the context of Bowdoin’s history. Indeed, he has a history of publicly blaming lawyers for his problems. In 2011, for example, he appeared in a video solicitation in which he asked the people he now admits he defrauded to pay for his criminal defense. Bowdoin blamed his prior counsel, a federal judge, two federal prosecutors and three agents of the U.S. Secret Service for his predicament. The final page of the plea agreement contains this language to which Bowdoin agreed in writing:
“I have read this Plea Agreement and discussed it with my attorneys, Michael McDonnell, Esq. and Charles Murray, Esq. I fully understand this Plea Agreement and agree to it without reservation. I do this voluntarily and of my own free will, intending to be legally bound. No threats have been made against me nor am I under the influence of anything that could impede my ability to understand this Plea Agreement fully. I am pleading guilty because I am in fact guilty of the offense(s) identified in this Plea Agreement.” (Italics/bolding added)
Because of the plea agreement and the MLM/Internet/mass-marketing bans, Bowdoin’s role as an an online pitchman for a program known as “OneX” has ended.
In essence, because of what Bowdoin did in ASD — and allegedly what he continued to do even after being arrested for running a Ponzi scheme — Bowdoin has been banned from MLM, kicked out of the business side of the Web and barred from making mass solicitations in any form.
Prosecutors said last month that OneX was a “fraudulent scheme” and “pyramid” that was recycling money to members in ASD-like fashion. Bowdoin was arrested on ASD-related charges in December 2010. In October 2011 — 10 months after his arrest — he told OneX prospects that God had provided the OneX program and that he intended to use money from the scheme to pay for his criminal defense.
On Tuesday — just three days before Bowdoin pleaded guilty to a felony for his operation of ASD — a fellow OneX pitchman described Bowdoin as “our Mentor.”
Here, now, some highlights from Bowdoin’s signed “Statement of Offense” — along with editorial notes. Bolding added by the PP Blog . . .
1.) “Bowdoin called ASD’s operation a revenue-sharing advertising program . . .” (NOTE: All kinds of HYIP schemes use the phrase “revenue sharing” as a means of masking the Ponzi elements. The phrase, for example, appears on the website of JSS/JBP. It “works” because it sounds plausible. After all, many businesses share revenue legally. The connection many new HYIP enlistees do not make is that scammers have co-opted the term to sanitize their fraud schemes.)
2.) “But, contrary to its representations, the advertising packages sold by ASD generated insufficient revenue to fund the returns it promised to the members. Instead, ASD operated as a ‘Ponzi’ scheme.” (NOTE: ASD members Dwight Owen Schweitzer and Todd Disner sued the government last year, alleging that ASD was a legitimate business. Bowdoin now publicly disagrees with them, based on his admission that ASD was a Ponzi scheme.)
3.) “Throughout ASD’s operation, Bowdoin was aware that ASD was an illegal money making business, and that he was intentionally defrauding ASD members.”
4.) ASD, according to Bowdoin’s statement, actually gathered more than “$119 million” from members. (NOTE: This figure is about $9 million higher than the rough amount of $110 million cited by the government in previous filings. The PP Blog will check next week to see if it can confirm that the $119 million figure is the final sum identified after investigation. As things stand, both Bowdoin and the government agree on the $119 million figure.)
5.) ASD made more than $45 million in Ponzi payments and spent more than $10 million on operations. About $1.161 million was directed at Bowdoin or his family.
6.) During ASD’s initial iteration at AdSurfDaily.com, Bowdoin realized “[a]fter only a few months of operation” that ASD was in over its head “because he was not selling any independent products or services sufficient to generate an income stream needed to support the returns and commissions ASD was paying . . .” (NOTE: The JSS/JBP scheme has a commission-payout scheme (two tiers, one paying 10 percent the other 5 percent) that is virtually identical to ASD. Incredibly, JSS/JBP says it can pay double ASD’s daily return of 1 percent on top of the two-tiered commissions.)
7.) “In approximately March 2007, Bowdoin ceased ASD’s operations because it was paying out money to its employees and members faster than it was taking in new money.” (NOTE: Bowdoin’s concession proves the government’s longstanding theory that ASD collapsed in its original iteration because of the Ponzi pressure. At one point, according to court filings, Bowdoin blamed ASD’s inability to pay on script problems and a purported theft of $1 million by “Russian” hackers.)
8.) Bowdoin — instead of getting out of the Ponzi business — thereafter launched ASD under a new name at a new website: ASDCashGenerator.com. Bowdoin, according to his statement, admits he made some cosmetic tweaks — lowering the return from 150 percent to 125 percent, for example. “By not changing ASD’s business model in any meaningful way, Bowdoin continued to intentionally defraud members.” (NOTE: It is common in the HYIP fraud sphere for “admins” to claim they’ve employed tweaks to take Ponzi issues out of play. An obvious Ponzi scheme known as JSS Tripler 2 appears recently to have employed some Bowdoin-like tweaks, including a name change to T2MoneyKlub — while adding to its claims that the “opportunity” had income streams sufficient to pay an absurd return of 2 percent a day on top of referral commissions.)
9.) Bowdoin never told his second group of fraud victims that they were paying for the fraud Bowdoin committed against his first group of victims.
10.) “Bowdoin also intentionally failed to explain to old and new members that, in the 1990s, he was convicted in Alabama of three securities-related crimes, charged in Alabama in at least 13 additional indictments alleging securities fraud, and barred from ever selling securities in Alabama.”
11.) Bowdoin compounded lies told about his lack of a criminal record by permitting lies to be told about an award for business achievement purportedly given Bowdoin by President George W. Bush. The “award” actually was a memento from the National Republican Congressional Committee (NRCC) that was “entirely dependent” on a Bowdoin money contrbution to NRCC of $25,000 “and was not based on Bowdoin’s business acumen or any other evaluation of his prior business practices.”
Nicholas A. Smirnow. Source: Interpol "Wanted" notice.
After the news broke yesterday that Gregory N. McKnight, the accused operator of the Legisi HYIP Ponzi scheme, had pleaded guilty to wire fraud in a $72 million caper, things only got worse for the serial Ponzi-forum cheerleaders — not that they’re likely to abandon their practice of willful blindness while reaching across oceans to pick the pockets of any person with cash and a pulse.
Nicholas Smirnow, a convicted robber, burglar and drug dealer before he became an HYIP operator and darling of the TalkGold, MoneyMakerGroup and ASAMonitor Ponzi forums, is listed as wanted by INTERPOL.
How long Smirnow has been on INTERPOL’s wanted list and the circumstances under which he was placed on the list were not immediately clear. An email yesterday by the PP Blog seeking comment from federal prosecutors in the Southern District of Illinois on the status of Smirnow and the case against him was not immediately returned.
Smirnow, 54, also is known as Nicolay Smirnow, Alexander Judizcev, Nicholas Kachura and Jeff Prozorowiczm. He was charged in the Southern District of Illinois with fraud and money laundering-related crimes in May 2010 for his alleged operation of the Pathway To Prosperity (P2P) Ponzi scheme.
When the charges against Smirnow were announced approaching two years ago, U.S. federal prosecutors said they intended to ask the government of the Philippines to extradite Smirnow to the United States. Whether Smirnow had been jailed in the Philippines and somehow later was set free after the U.S. arrest warrant was issued could not immediately be determined.
What is clear is that INTERPOL is publishing a “Wanted” listing with the following physical details about Smirnow:
Height: 1.76 meter
Weight: 76 Kg
Colour of hair: Brown
Colour of eyes: Green
The INTERPOL poster for Smirnow was up even as the SEC was announcing the McKnight conviction. (See “Wanted” poster, which is active at the time of this post.)
The P2P scheme was almost unimaginably widespread, a postal inspector said in the 2010 affidavit.
“Financial records of payment processors utilized by P-2-P to collect investment funds from investors show that approximately 40,000 investors in 120 countries established accounts with P-2-P,” the postal inspector said. “Despite the fact that the investment was supposedly ‘guaranteed, investors lost approximately $70 million as a result of [Smirnow’s] actions.”
Ponzi-forum cheerleaders yesterday appeared either to be unaware of (or to have to ignored) the news about the guilty plea of Legisi’s McKnight and corresponding civil judgments against him totaling about $6.5 million.
Some of them continued to focus on their efforts to promote JSS Tripler/JustBeenPaid, a “program” purportedly operated by Frederick Mann that also uses AlertPay and SolidTrustPay.
AlertPay and SolidTrustPay also are referenced in court filings in the AdSurfDaily Ponzi case. A 2008 promo for ASD attributed to Mann asserted that Mann was an ASD promoter. ASD operator Andy Bowdoin faces a criminal trial in September 2012 on Ponzi-related charges of wire fraud, securities fraud and selling unregistered securities.
JSS Tripler/JustBeenPaid asserts it pays a daily return of twice what ASD offered. ASD figure Kenneth Wayne Leaming has been linked to the so-called “sovereign citizens” movement and is jailed near Seattle on federal charges of filing false liens against public officials involved in the ASD case.
McKnight’s base program in Legisi offered a return of .25 percent (one quarter of 1 percent) per day, according to a 2008 SEC filing.
Mann’s purported base program offers eight times that return on a daily basis, according to JSS Tripler/JustBeenPaid promos. On an annualized basis, the “program” offers a return that is between 48 and 73 times higher than the returns of imprisoned Ponzi schemer Bernard Madoff.
Madoff is serving a U.S. prison term of 150 years. McKnight faces up to 20 years, the SEC said yesterday.
A promo for JSS Tripler/JustBeenPaid that appeared yesterday on a forum known as CariGold made this claim. (Italics added):
JSS-Tripler now has 213,884 members — continuing to grow by over 3,000 new members a day. (If it hadn’t been for yesterday’s downtime, the number would have been “over 4,000.”) Thank you to our many promoters for doing such a great job!
Purchases of new JSS-Tripler positions are on track for a new all-time record, today.
More than a month ago — on Jan. 23 — the Italian securities regulator CONSOB announced that JSS Tripler promoters were under investigation. Ponzi-forum promoters pooh-poohed the news.
This grainy likeness of Gregory N. McKnight is taken from federal court filings in 2008.
URGENT >> BULLETIN >> MOVING:Gregory N. McKnight, the operator of the Legisi HYIP Ponzi scheme, has pleaded guilty to wire fraud in federal court in the Eastern District of Michigan, the SEC said this afternoon.
McKnight was charged criminally on Feb. 14 — Valentine’s Day. His guilty plea followed two days later, the SEC said. He faces a maximum sentence of 20 years in federal prison. The SEC charged him civilly in May 2008.
Legisi, which gathered more than $72 million and fleeced more than 3,000 investors in the United States and several other countries, was popularized in part on Ponzi cesspits such as TalkGold and MoneyMakerGroup.
MoneyMakerGroup is specifically referenced in U.S. court files in the Legisi case.
Legisi’s Terms of Service resemble those of JSS Tripler/JustBeenPaid, a purported “opportunity” currently being flogged on the Ponzi boards even as CONSOB, the Italian securities regulator, has opened a probe into the actions of JSS Tripler/JustBeenPaid promoters.
Promos by Legisi triggered an undercover operation by the U.S. Secret Service and state regulators in Michigan.
In addition to the prospect of jail time, McKnight is on the receiving end of a civil judgment and penalties totaling about $6.5 million, the SEC said.
Legisi members, according to the Terms, had to affirm they were not an “informant, nor associated with any informant” of the IRS, FBI, CIA and the SEC, among others, according to documents filed in federal court.
The others included “Her Majesty’s Police,” the Intelligence Services of Great Britain, the Serious Fraud Office and Interpol.
JSS Tripler/JustBeenPaid makes members affirm they are “not an employee or official of any government agency.” In addition, it makes them affirm they are not “acting on behalf of or collecting information for or on behalf of any government agency” and not “an employee, by contract or otherwise, of any media or research company.”
One of Legisi’s payment “programs” advertised a return of .25 (one-quarter) percent per day, according to court filings.
JSS Tripler/JustBeenPaid promotes a return of 2 percent a day — eight times higher than Legisi.
A sentencing date for McKnight will be determined later, the SEC said.
U.S. District Judge Mark A. Goldsmith presided over McKnight’s guilty plea, the SEC said.
Frederick Mann is the purported operator of JSS Tripler/JustBeenPaid.
URGENT >> BULLETIN >> MOVING: Matthew J. Gagnon, an alleged online pitchman for the Legisi HYIP Ponzi scheme, has been named in a criminal complaint filed by the U.S. Secret Service.
Gagnon, 42, of Portland Ore., and Weslaco, Texas, was accused civilly by the SEC in 2010 of being “a danger to the investing public,” amid allegations he promoted multiple fraud schemes — including Legisi — on his Mazu.com website.
He is accused in a Secret Service affidavit filed Nov. 28 in the Eastern District of Michigan of not disclosing $1.7 million in payments from Legisi while he was touting it to “the investing public” between January 2006 and May 2007.
Legisi, the Secret Service said in the affidavit, was a “massive Ponzi scheme” that gathered about $72 million from more than 3,000 investors before the fraud was exposed.
Among the allegations against Gagnon is that he promoted Legisi’s unregistered offering as exempt from registration requirements and “literally the greatest” program he had “ever seen. ” (The complaint includes several specific allegations about how Gagnon promoted Legisi. One promo attributed to Gagnon by the Secret Service shows that Gagnon used six exclamation points in a single paragraph consisting of about 66 words.)
Like Florida-based AdSurfDaily, Legisi has been linked to E-Bullion, the shuttered California payment processor operated by James Fayed. Fayed, 48, was formally sentenced to the death penalty last month for arranging the brutal contract slaying of Pamela Fayed, his estranged wife and a potential witness against him before she was slashed 13 times in a greater Los Angeles parking garage in July 2008.
Legisi also was promoted on Ponzi boards such as TalkGold and MoneyMakerGroup. The Legisi Terms of Service, according to federal court filings, included language that made members avow they were not an “informant, nor associated with any informant” of the IRS, FBI, CIA and the SEC, among others.
EDITOR’S NOTE: Clarence Busby Jr., a figure associated with at least four autosurfs — AdSurfDaily, Golden Panda Ad Builder, LaFuenteDinero and BizAdSplash — has encountered a recent string of troubles, including a mortgage foreclosure and tax liens. Owing to his association with ASD President Andy Bowdoin, who operated ASD and LaFuenteDinero and once had a partnership with Busby in Golden Panda, Busby also was forced to spend an unknown sum on legal fees after the seizure of ASD- and Golden Panda-connected assets in 2008.
Bowdoin said in September 2009 that he’d spent more than $1 million on legal fees in the first 13 months of ASD-related litigation. He was arrested on federal charges on Dec. 1, 2010, and had to arrange a bond of $350,000. Sixteen days later — on December 17, 2010 — federal prosecutors filed yet another (the third) civil-forfeiture complaint against Bowdoin-connected assets. Bowdoin filed appeals in the first two forfeiture cases, losing both and driving up his legal costs.
Despite the costly troubles encountered by both Bowdoin and Busby — and the remarkable staying power of those troubles, which next month will enter their fourth year — promoters on TalkGold, MoneyMakerGroup and other Ponzi forums still are pushing autosurfs and HYIPs.
They’re pushing them even though Bowdoin and others potentially face long prison sentences and have lost significant dollar sums and property as a result of their infatuation with what prosecutors have described as serial lawlessness.
On July 6, a federal judge ordered Gregory N. McKnight, the operator of the Legisi HYIP Ponzi scheme, to pay more than $6.81 million in disgorgement and penalties. Like ASD and countless schemes, Legisi was promoted on TalkGold and MoneyMakerGroup — and court filings in the Legisi case specifically reference MoneyMakerGroup.
Still pushing ‘surfs and HYIPs?
Apparently using a fill-in-the-blank litigation template, Clarence Busby Jr. sought foreclosure relief on a central Cobb County property in Marietta, Ga. Busby's filing also placed the property in Gwinnett County, which does not border Cobb County. (Graphic from Wikipedia.)
When former autosurf operator Clarence Busby Jr. filed a lawsuit last year last seeking relief from from a bank and other parties involved in a mortgage foreclosure against him, he’d already been put on notice by the Internal Revenue Service that the agency intended to collect thousands of dollars in back taxes from him, according to records in Cobb County, Ga.
The taxes were from 2009, according to records. During the same year, Busby launched an autosurf known as Biz Ad Splash — but the tax bill was for a different Busby entity.
On Aug. 11, 2010, the IRS prepared a federal tax lien against Busby and a company known as Freedom Achievement LLC for $15,481. The lien was formally recorded on Aug. 26, 2010. A note on the lien described Busby as “SOLE MBR” of Freedom Achievement, whose business purpose was not immediately clear.
About four months later — in December 2010 — Busby filed a pro se lawsuit demanding relief from Quicken Loans, OneWest Bank, MERSCorp and 1,000 “Doe” defendants in Cobb County Superior Court.
OneWest and MERS responded in January 2011 by moving to have Busby’s case transferred to federal court in the Northern District of Georgia because the lawsuit named defendants in multiple states and involved a controversy that exceeded the sum of $75,000.
Busby’s case was assigned to Senior U.S. District Judge Robert L. Vining Jr., who dismissed it for failure to state a claim. Beyond dismissing the lawsuit for failure to state a claim, Vining agreed with the defendants that Busby’s arguments had no legal merit. Busby’s pro se pleadings appeared to have come from a fill-in-the-blank legal kit.
These words appeared on the first page of Busby’s complaint: “COMES NOW, name here, as plaintiff” — and Busby did not insert his name in the “name here” space.
By contrast, some filings in the ASD/Golden Panda forfeiture case begin with these words, “COMES NOW, plaintiff United States of America, by and through its attorney.”
The Busby complaint also claims the Busby property in dispute is located in “Gwinnett County.” The document claimed elsewhere that the property was located in the city of Marietta in “Cobb County,” the venue in which Busby sued.
Marietta is situated in central Cobb County. Cobb County and Gwinnett County do not border one another. and the property is listed in Cobb County courthouse records, meaning it is possible that Busby used an existing legal template and never swapped out an existing reference to Gwinnett County — in the same manner in which he did not insert his name in the “name here” space.
Whether Busby’s apparent fill-in-the-blank oversights added to the defendants’ costs in successfully defending against the lawsuit is unclear. What is clear is that Busby came out on the losing end and that the defendants referenced the IRS tax lien against Busby in Cobb County in their response to his complaint.
Separately, the state of Georgia dissolved a Busby company known as Homeshare Investment Club Corp. The dissolution occurred on Sept. 13, 2010, less than a month after the IRS tax lien was filed against Freedom Achievement LLC, according to records.
Records pertaining to Homeshare Investment Club show that it used the same address used by Busby in the formation of Biz Ad Splash NA LLC.
BizAdSplash, or BAS, was an autosurf that ceased operating in January 2010. BAS launched in the aftermath of the ASD- and Golden Panda-related asset seizures. A separate address associated with the BAS filing in Georgia is the address of a maildrop in Kennesaw.
BAS purported to operate offshore. Its apparent U.S. domestic brand is listed in noncompliance by the office of Georgia Secretary of State Brian P. Kemp.
Members of BAS have complained to the PP Blog about not getting refunds from the autosurf. How much money the surf collected is unclear.
At the same time the state of Georgia was dissolving Homeshare Investment Club, it also was dissolving another Busby enterprise: Ocean View Enterprises Inc. Meanwhile, yet another Busby firm — Legacy Premier Properties Inc. — is listed in a state of noncompliance.
UPDATED 2:25 P.M. ET (U.S.A.) Still pushing autosurf and HYIP frauds?
Last week, the PP Blog reported that the U.S. Secret Service and federal prosecutors had established a link between California-based E-Bullion and Florida-based AdSurfDaily. E-Bullion is a shuttered payment processor whose owner, James Fayed, is awaiting trial on charges of murdering his wife, Pamela Fayed, whom prosecutors said wished to cooperate in the E-Bullion probe.
It was the first public assertion by the government that ASD had a tie to E-Bullion.
The Blog further reported that E-Bullion had been linked to at least three alleged Ponzi or fraud schemes: ASD, Gold Quest International (GQI) and Flat Electronic Data Interchange (FEDI), whose convicted operator, Abdul Tawala Ibn Ali Alishtari, was associated with convicted Ponzi schemer Brian David Anderson.
Alishtari, also known as Michael Mixon, was convicted in 2009 of financing terrorism. Anderson, a FEDI pitchman, was sentenced to federal prison for his role in yet-another Ponzi scheme known as Frontier Assets. He also has been linked to a mysterious scheme known as the “Alpha Project.”
Like ASD’s Andy Bowdoin, Alishtari donated money to the National Republican Congressional Committee, according to the Federal Election Commission database. Documents reviewed by the PP Blog show that payments from the FEDI scheme were referred to as “rebates.” ASD also called its payments to participants “rebates.”
Today the PP Blog is reporting that federal investigators also have established a link between E-Bullion and Legisi, a company whose operator, Gregory N. McKnight, was accused by the SEC in May 2008 of operating a massive Ponzi and fraud scheme based in Michigan. During the same month, the SEC also accused GQI of operating a massive Ponzi and fraud scheme from Las Vegas. Investigators likewise established a GQI link to E-Bullion.
Documents reviewed by the PP Blog show that records maintained by E-Bullion were the subject of a subpoena issued on Aug. 6, 2008 — five days after tens of millions of dollars were seized by the U.S. Secret Service from bank accounts controlled by ASD’s Bowdoin. The subpoena was issued in the Legisi case.
As the PP Blog previously reported, the Secret Service, which used undercover operatives in the ASD case, also used an undercover operative in the Legisi case. In fact, the Blog reported, the Secret Service undercover operative and an undercover operative from the state of Michigan, had a face-to-face meeting with Legisi’s McKnight in his office.
Legisi later began to act in a fashion that only can be described as bizarre, allegedly morphing into a sort of super-secret enterprise that was exhibiting clear signs of paranoia. Investors, for example, were asked to submit to a loyalty oath and pledge that they weren’t government investigators or informants.
“This Association of members hereby declares that our main objective is to protect our rights to freedom of choice regarding our advertising and marketing information and conduct, through maintaining our Constitutional rights,” AVG announced on its website in February 2009.
ASD President Andy Bowdoin was indicted earlier this month on federal charges of wire fraud, securities fraud and selling unregistered securities. Prosecutors alleged he was operating a Ponzi scheme that had gathered at least $110 million. The indictment accused Bowdoin of making campaign donations to the National Republican Congressional Committee with proceeds from the ASD Ponzi scheme.
Six days ago, prosecutors alleged in a forfeiture complaint that ASD member Erma Seabaugh used E-Bullion in November 2007 to transfer $10,510 to ASD. The alleged transfer occurred about six months before E-Bullion’s name surfaced in the GQI and Legisi cases brought by the SEC.
When investigators later searched the home of James Fayed in the murder investigation, they found “approximately $60,000 in cash wrapped in plastic material; approximately $3,000,000 in gold; and approximately 31 firearms, including one with a long-range night vision scope, along with thousands of rounds of matching ammunition,” prosecutors alleged.
Pamela Fayed was stabbed to death in a California parking garage on July 28, 2008. The Secret Service, which had begun its investigation of Bowdoin less than a month earlier, seized his assets three days later, on Aug. 1, 2008.
The agents said Bowdoin was moving large sums of money outside the United States and had talked about buying a home in another country. In September 2008, the month after ASD’s assets were seized, an indictment was unsealed in Connecticut that accused Robert Hodgins of Virtual Money Inc. of helping a Colombia narcotics operation launder money at ATMs in Medellin.
Virtual Money Inc. once provided debit cards to ASD, according to an ASD downline group.
CLOSING NOTE: Read this chilling document from the case against Fayed in California. Also see this 2007 report from CBS News. CBS reported FEDI operator Alishtari claimed to be “[National Republican Congressional Committee] New York State Businessman of the Year. ASD members later would make similar claims about Bowdoin.)
A federal judge has extended the freeze on the assets of a website operator accused by the SEC of shilling for a Ponzi schemer and then trying to extort money from the schemer when the fraud was collapsing.
Severe restrictions placed on Mazu.com operator Matt Gagnon by U.S. District Judge George Caram Steeh of the Eastern District of Michigan illustrate the financial and legal dangers of using the Internet to promote murky businesses. At the same time, orders issued by Steeh destroy myths advanced on Ponzi forums that website operators are insulated from prosecution and that their business contacts and customers cannot be sucked into a Ponzi probe.
Demonstrating the life-altering nature of Ponzi schemes and the monumental legal entanglements and inconvenience that flow from such schemes, the judge also ordered Gagnon to submit a “sworn” statement “each Friday” to the SEC. The order requires Gagnon to account for “all funds received” during the week, including funds received “by others on his behalf.”
Steeh also ordered Gagnon and his “officers, agents, servants, employees, attorneys, nominees, banks, brokers, dealers, financial institutions, and those persons in active concert or participation with any one or more of them” not to destroy evidence.
Steeh’s order applies to “books, records, documents, correspondence, ledgers, accounts, statements, files, electronically stored information, and other property of or pertaining to the Defendant,” regardless of the location of the information.
At the same time, the judge ordered expedited discovery in the case and freed up $2,000 for Gagnon “to pay living expenses.”
Gagnon was accused in May of using his website to pitch the alleged Legisi HYIP Ponzi scheme, which the SEC described as a $72.6 million fraud. The judge’s orders followed on the heels of an awareness campaign by the Financial Industry Regulatory Authority (FINRA) to educate the public about HYIP schemes and the filing of criminal charges by the U.S. Postal Inspection Service against Nicholas Smirnow, accused of operating a $70 million Ponzi HYIP scheme known as Pathway to Prosperity (P2P).
FINRA issued its HYIP warning on July 15, calling the HYIP universe a “bizarre substratum of the Internet†and saying “HYIPs are old-fashioned Ponzi schemes dressed up for a Web 2.0 world.â€
In May, federal prosecutors declared in court filings in the P2P case that “[a] large percentage, if not all, HYIPs, are Ponzi schemes.†In its HYIP alert, FINRA built on that theme, declaring that “[v]irtually every HYIP we have seen bears hallmarks of fraud†and noting that schemers were using websites, forums and social-media sites such as Twitter and Facebook to spread Ponzi misery globally.
“From January 2006 through approximately August 2007, Gagnon helped orchestrate a massive Ponzi scheme conducted by Gregory N. McKnight . . . and his company, Legisi Holdings, LLC,†the SEC said.
“Gagnon promoted Legisi but in doing so misled investors by claiming, among other things, that he had thoroughly researched McKnight and Legisi and had determined Legisi to be a legitimate and safe investment,†the SEC said.
Among other things, the SEC alleged that Gagnon “had no basis for the claims he made about McKnight and Legisi.
“Gagnon also failed to disclose to investors that he was to receive 50% of Legisi’s purported ‘profits’ under his agreement with McKnight,†the SEC said. “Gagnon received a net of approximately $3.8 million in Legisi investor funds from McKnight for his participation in the scheme.â€
In its complaint against Gagnon, the SEC alleged he moved from one fraud scheme to the next and even had promoted a scheme operated by the late Bryan K. Foster, a convicted felon. Some of the money from the alleged Legisi Ponzi scheme ended up in the control of Foster, who was running a purported investment program of his own.
The allegation that proceeds from one fraud scheme ended up as proceeds of a second scheme demonstrates the interconnectivity of schemes in the age of the Internet.
“Gagnon has been unrelenting in his efforts to raise money from the public through fraudulent, unregistered offerings,†the SEC said in May. “He remains a danger to the investing public.â€
See earlier story titled “Requiem For The Forum Pimps . . .” The story discusses some of the history of the Legisi Ponzi case.
Here is how Pathway To Prosperity (P2P), operated by Nicholas A. Smirnow, was described by members of the indefatigable, Ponzi-pushing ASA Monitor forum in 2007:
“Just talked with Nick today on the phone,” one member said. “I always enjoy talking with him — honest and straightforward.”
“This one is a WINNER,” another crowed. “People, you don’t know what you are missing if you aren’t in this program.”
Here is how a member of TalkGold, another Ponzi-pushing site, described P2P:
“[T]his program will go a long way to bringing back stability to investment sites,” he wrote. “[T]his one you can trust 100% and also the admin Nick . . . come and join our happy group.”
Here is how P2P was described by a member of MoneyMakerGroup, yet another Ponzi-pushing site:
“[T]his is the kind of program that is needed,” the poster wrote. “p-2-p gives the little man a chance to invest and relax knowing your money will be safe at the end of the investment.”
And here, according to the St. Louis Post-Dispatch, is how the U.S. Postal Inspection Service and federal prosecutors described Smirnow after charging him yesterday with operating an international Ponzi scheme that gathered more than $70 million and fleeced more than 40,000 people:
“convicted burglar, robber and drug dealer who told a former employee that he was involved in a double homicide.”
Smirnow, believed to be on the lam in the Philippines, used aliases such as Nicolay Smirnow, Alexander Judizcev, Nicholas Kachura and Jeff Prozorowiczm. The scam spread across the world, and P2P shielded itself by using a website in the Netherlands and a company incorporated in the Turks and Caicos Islands.
Although the program pitched interest rates of up to 17,000 percent, a poster on ASA Monitor incongruously said, “This is not a HYIP — Nick does not believe in them.” Regardless, the same poster — despite his cheerleading — acknowledged he was worried “about the authorities getting in and shutting things down . . . but since it is not a site being heavily promoted like CEP and not so open, it may keep under the radar . . .”
CEP was yet another Ponzi scheme.
It has been an electrifying week for opponents of HYIP and autosurf frauds, who routinely are derided as “naysayers” by commission-grubbing pitchmen who spread Ponzi pain across the planet for a share of illegal profits.
On Tuesday, the SEC announced it had charged Mazu.com operator Matthew J. Gagnon, 41, of Weslaco, Texas, and Portland, Ore., with helping “orchestrate a massive Ponzi scheme conducted by Gregory N. McKnight . . . and his company, Legisi Holdings, LLC.â€
The Legisi scheme raised about $72.6 million from more than 3,000 investors “by promising returns of upwards of 15% a month,†the SEC said.
Like Pathway to Prosperity, Legisi also was promoted on ASA Monitor, TalkGold, MoneyMakerGroup and other forums criminals and their shills frequent to separate people from their money.
A U.S. warrant for Smirnow’s arrest was issued yesterday — although Smirnow is believed to have been ducking Canadian authorities for months because of an investigation into his business practices.
Smirnow now joins Robert Hodgins — yet another international fugitive allegedly associated with the drug and HYIP trades — on the lam.
Hodgins, who provided debit cards for the alleged AdSurfDaily Ponzi scheme and is believed also to have a tie to the PhoenixSurf autosurf Ponzi scheme and other autosurf and HYIP schemes, is wanted for helping a Colombian narco business launder money at ATM machines in Medellin and also for accepting $100,000 in purported drug proceeds for laundering money in the Dominican Republic.
Ponzi forum operator or moderator? Online HYIP aficionado? Think you’re safe pitching fraud schemes because you’re “only” a promoter or forum “expert” and not the operator of the programs?
Have a secret partnership deal with an HYIP fraudster? Using fancy, professional-sounding terms such as “due diligence” in your forum posts? Claiming you’ve done thorough research before recommending an “opportunity.”
Pitching programs that advertise unusually large returns — while at once showcasing your knowledge about investment scams and steering people away from certain programs because they sound too good to be true?
In an action that may send shockwaves across the Web world and Ponzi forums such as ASA Monitor, TalkGold and MoneyMakerGroup, the SEC has gone to federal court and filed an emergency action to halt “a series of fraudulent, unregistered securities offerings” made through Mazu.com.
U.S. District Judge George Caram Steeh of the the Eastern District of Michigan has frozen the assets of Matthew J. Gagnon, 41, of Weslaco, Texas, and Portland, Ore. Gagnon is Mazu.com’s operator.
“From January 2006 through approximately August 2007, Gagnon helped orchestrate a massive Ponzi scheme conducted by Gregory N. McKnight . . . and his company, Legisi Holdings, LLC,” the SEC said.
The Legisi scheme raised about $72.6 million from more than 3,000 investors “by promising returns of upwards of 15% a month,” the SEC said.
“Gagnon promoted Legisi but in doing so misled investors by claiming, among other things, that he had thoroughly researched McKnight and Legisi and had determined Legisi to be a legitimate and safe investment,” the SEC said.
Among other things, the SEC alleged that Gagnon “had no basis for the claims he made about McKnight and Legisi.
“Gagnon also failed to disclose to investors that he was to receive 50% of Legisi’s purported ‘profits’ under his agreement with McKnight,” the SEC said. “Gagnon received a net of approximately $3.8 million in Legisi investor funds from McKnight for his participation in the scheme.”
Then, beginning in August 2007, “Gagnon fraudulently offered and sold securities representing interests in a new company that purportedly was to develop resort properties,” the SEC said.
In this scheme, Gagnon “falsely claimed that the investment was risk-free and ‘SEC compliant,’ and guaranteed a 200% return in 14 months. In reality, however, Gagnon sent the money to a twice-convicted felon, did not register the investment with the SEC, and knew such an outlandish return was impossible,” the SEC said.
Gagnon took in at least $361,865 from 21 investors, the SEC said.
Still unfinished, Gagnon — in April 2009 — began promoting “a fraudulent offering of interests in a purported Forex trading venture,” the SEC said. “Gagnon guaranteed that the venture would generate returns of 2% a month or 30% a year for his investors. Gagnon’s claims were false, and Gagnon had no basis for making the claims.”
Gagnon next turned to another Forex sceme, the SEC said.
From October 2009 to November 2009, Gagnon “offered another purported Forex trading venture in which he claimed to have a trader in Europe who would trade foreign currencies for investors in exchange for 40% of any profits he generated,” the SEC said. “Gagnon removed this offer from his website in November 2009 when he received notice that the SEC had subpoenaed his bank records.”
Despite his knowledge about Ponzi and fraud schemes, Gagnon repeatedly pitched such schemes, the SEC said.
“Gagnon has been unrelenting in his efforts to raise money from the public through
fraudulent, unregistered offerings,” the SEC said. “He remains a danger to the investing public.”
Despite his sales pitches, “Gagnon has never been associated with a registered broker-dealer and has never been registered with the Commission as a broker or dealer or in any other capacity,” the SEC said.
Among the people to whom Gagnon directed money was the late Bryan K. Foster, who was convicted in 1997 of five felony counts of wire fraud and sentenced to 41 months in prison. These convictions were recorded in U.S. District Court in Montana, according to records.
In 2000, Foster was convicted in Colorado of one felony count of wire fraud and sentenced to five years in prison, according to records.
Between July 13, 2007 and September 17, 2007, Gagnon sent at least $800,000 to accounts in the name of Trails Home LLC, which was controlled Foster, the SEC said. Money from the illegal Legisi program was included in the sum transferred to Foster for his purported investment program, the SEC said.
The Legisi Program
In 2005, McKnight was an underemployed General Motors worker living outside Flint, Mich., the SEC said, adding that he had financial problems.
“In December 2005, McKnight began offering and selling interests in a pooled investment program variously called Legisi.com or Legisi,” the SEC said. “McKnight promoted the offering around the globe through an Internet website at www.legisi.com,” promising monthly returns of up to 15 percent.
By February 2006, “McKnight incorporated a shell company called Legisi Holdings, LLC in the bank-secrecy haven of Nevis in the West Indies,” the SEC said.
“McKnight asserted on the Legisi website that the Legisi program was merely a ‘loan program’ through which investors would ‘loan’ money to Legisi and, in return, Legisi would pay investors high rates of interest.
But Legisi actually was “a classic pooled investment vehicle, in which investors invested money into a common venture with the expectation that the money would be used to generate profits, for McKnight and the investors, solely through the efforts of McKnight or others working on his behalf. The Legisi program was a security in the form of an investment contract,” the SEC said.
“The Legisi program was also a massive Ponzi scheme,” the SEC said.
In January 2006, McKnight and Gagnon discussed a deal by which Gagnon would promote Legisi on the Mazu.com website, the SEC said.
“McKnight and Gagnon had known each other for several years after Gagnon recruited McKnight into a multilevel marketing business called ‘Mannatech,’” the SEC said. “McKnight became part of Gagnon’s ‘down line,’ meaning that a portion of McKnight’s commissions from selling Mannatech products went to Gagnon.”
McKnight paid Gagnon “a total of approximately $4,532,512 between January 29, 2006 and April 14, 2008,” the SEC said. “All of the money Gagnon received from McKnight consisted of investor funds. There were no ‘profits’ generated by Legisi.”
Gagnon netted about $3.8 million in the scheme, the SEC said.
“On behalf of McKnight, Gagnon solicited investors around the world through the publicly available Mazu.com website,” the SEC said. “Gagnon wrote and/or reviewed and approved the content of the Mazu website. No valid registration statement was filed or was in effect with the Commission in connection with Gagnon’s offer and sale of Legisi program investment contracts.”
SEC: Forum Moderators Helped Push Ponzi Scheme
“Between approximately January 2006 and August 2007, Mazu employees working on Gagnon’s behalf and at his direction promoted the Legisi program in emails, in Mazu Business Packs and DVDs they sent to investors, and on the Legisi Forum,” the SEC charged.
“The Legisi Forum was an on-line chat room accessible through the Legisi.com website. Several Mazu employees served as ‘moderators’ on the Legisi Forum. Mazu’s support services also included answering questions over the telephone and email,” the SEC said.
Forum shills performed services for Legisi and deflected concerns when CNN carried a negative report on the company, the SEC said.
“The Mazu employees acting as moderators encouraged readers to invest in Legisi, assisted them in transferring money to Legisi, encouraged investors to bring in new investors, and offered investors personal assistance in bringing in referrals,” the SEC said. “They also encouraged investors to keep their monthly earnings with Legisi, rather than withdrawing them, in order to achieve purportedly higher returns. They made sure transfers of money between investors and Legisi went smoothly. The moderators updated investors on changes to the Legisi program like new minimum investment amounts and referral fee rules.
“The moderators made posts on the Legisi Forum to prevent and diffuse investor rumors and concerns,” the SEC continued. “After an article questioning Legisi’s legitimacy appeared on the CNN Money website on May 8, 2007, one moderator wrote, ‘I think it is worth mentioning that the Forum is probably being read by people who are not Legisi members. So let’s not raise red flags to any bulls out there shall we. . .. Of course so far as any discussion on the [CNN Money] article is concerned I’m sure that everyone is aware that Greg went into Legisi knowing the law and planning for this eventuality. So keep a cool head and stop worrying about what you should do.”
No Due Diligence
McKnight was operating a classic Ponzi scheme fueled in part by Gagnon’s cheerleading on Mazu.com, the SEC said.
Despite the relentless hype, Gagnon performed no due diligence and simply fabricated information or passed along claims as though they were factual, the SEC said.
“Gagnon did not obtain or review any of McKnight’s trading records, bank and brokerage account statements, or e-currency account records at any point prior to, or during, Gagnon’s promotion of Legisi,” the SEC charged.
“Throughout the time that Gagnon promoted Legisi, he simultaneously warned readers about a type of fraud referred to as a high yield investment program. High yield investment programs, commonly called ‘HYIPs,’ typically involve off-shore companies promising very high rates of interest generated by investment in foreign currencies and a variety of other vehicles, along with repeated hyping of the legitimacy of the program,” the SEC said.
Gagnon understood the HYIP fraud universe, but nevertheless pitched Legisi, which had promoted an unusually high rate of return and had other markers of the exact kind of scam Mazu.com warned about on its website, the SEC said.
“From at least April 2006 through at least May 2007 Gagnon provided on the Mazu website an accurate description of a HYIP by stating that they (emphasis added by PP Blog):
collect funds from lenders as investment capital or deposits and promise a return that is usually extremely high in exchange for ‘borrowing your money.’ The result? Generally after a period of time you are free to withdraw your capital and or your profits, or you can ‘reinvest’ them to earn additional profits. In theory, the compounding can create a crazy return on investment given time . . .
* * * * * *
Sadly, most HYIPs are offshore fronts that don’t lie within U.S. jurisdiction and you have no recourse when they steal your money. Most HYIPs realize this and they bank on it! They’ve got you right where they want you. Most also allude to making their profit in legitimate investment vehicles when in reality, you have no idea where they’re making their profit.
And Gagnon also warned readers about Ponzi schemes.
“On the Mazu website between at least April 2006 and May 2007, Gagnon accurately described a Ponzi scheme as an ‘investment program touting huge returns in a short period of time. Any returns someone sees are paid out of monies gathered from the investors. No real product, investment, or business takes place,’” the SEC said.
The Legisi Ponzi began to unravel by September 2007, its decay brought about in part by “the federal seizure of an e-currency provider that was holding $1.8 million for McKnight,” the SEC said.
Gagnon then “attempted to extort money from McKnight,” the SEC said.
“On September 9, 2007, Gagnon informed McKnight that he was ending the partnership between Legisi and Mazu,” the SEC said. “Gagnon offered McKnight a choice: send Gagnon and several of Gagnon’s associates approximately $2.5 million, tell the Legisi members that Gagnon was starting a real estate fund, and that Mazu and Legisi were parting amicably, or Gagnon would email the entire Legisi membership and tell them ‘the truth’ about McKnight’s fraud.”
