In fleeing to Thailand, becoming a fugitive listed by INTERPOL and leaving dozens of U.S. victims in his wake when his Ponzi scheme collapsed, John Chiyuan Lee shattered the Ponzi-forum myth that “offshore equals safe.”
“Safe — for a while while INTERPOL is beaming your picture 24/7 and U.S. authorities at the local, state and national level are on your trail” — might be more accurate
Los Angeles County Sheriff’s Det. Simeon Plyler tracked Lee to Thailand, and U.S. Immigration and Custom Enforcement (ICE) and the U.S. Marshals Service worked with the sheriff’s office and Thailand’s government to locate and arrest the fugitive.
He was found last year in Pataya, Thailand. U.S. Marshals brought him back to the United States to face justice.
Lee, 40 at the time of his arrest, now has accepted responsibility for his crimes and accepted an early plea deal in Los Angeles Superior Court that includes a six-year sentence in California state prison and a restitution order of about $1.5 million, the Sheriff’s Department announced yesterday.
Redacted screen shot of "regional representatives" claim today on the website of JSS Tripler/JustBeenPaid.
BULLETIN: The PP Blog has learned that JSS Tripler/JustBeenPaid is publishing a page in which it advertises the availability of “regional representatives” in various parts of the world, including Italy.
On Jan. 23, CONSOB, the Italian securities regulator, took action against certain JSS Tripler/JustBeenPaid affiliaties. Despite the CONSOB action, JSS Tripler/JustBeenPaid is openly advertising that it has at least two affiliates who speak Italian and that the affiliates are available to “assist you with ALL aspects of the program IN YOUR LANGUAGE.”
The page also touts the native-language talents of JSS Tripler/JustBeenPaid affiliates to assist members in Hong Hong, Taiwan, Belgium, Canada, Ireland, the United Kingdom, the United States (to assist people who speak English or Japanese), Germany, Lithuania, Indonesia, Malaysia, Mongolia, Poland, Portugal, Latvia, France, Chile, the Dominican Republic, Ecuador and Spain.
JSS Tripler/JustBeenPaid described its outreach via regional reps as “AMAZING!”
“The people on this page have been thoroughly trained in all the workings of JustBeenPaid’s programs, and are happy to assist you TODAY!” the murky entity crowed.
In a Feb. 23 conference call, Frederick Mann, the purported operator of JSS Tripler/JustBeenPaid, declined to say precisely where the “opportunity” itself was located.
JSS Tripler/JustBeenPaid, Mann asserted to an audience of Americans and at least one person who claimed to be a resident of Canada, was “not located in any specific part of the world.
“We’re all over the planet,” he said, speaking with an English accent that appeared to be native to South Africa.
The assertion led to questions about whether Mann was running the “program” in a fashion reminiscent of a sort of small-scale Bank of Credit and Commerce International (BCCI). BCCI deliberately structured itself in murky fashion to ward off oversight by regulators. Its collapse created one of the great business scandals of the 1990s, prompting the Wall Street Journal (Europe) to observe that BCCI had been set up to be “offshore everywhere.”
BCCI’s collapse also triggered Congressional probes in the United States, along with both civil and criminal prosecutions.
The CONSOB probe in Italy, which the agency announced nearly six weeks ago, was not referenced on the “representatives” page on the JSS Tripler/JustBeenPaid website.
Incongruously, the “representatives” page included a link to an “agreement” page in which JSS Tripler/JustBeenPaid registrants and/or prospects were informed they must affirm “that I am not an employee or official of any government agency, nor am I acting on behalf of or collecting information for or on behalf of any government agency.”
Moreover, the registrants and/or prospects were informed they must affirm “that I am not an employee, by contract or otherwise, of any media or research company, and I am not reading any of the JBP pages in order to collect information for someone else.”
The collapsed Legis HYIP published similar terms. (More on the Legisi prosecution below.)
How long the JSS Tripler/JustBeenPaid regional reps have been in place was not immediately clear. Also unclear was whether each of the reps had a physical presence in the respective countries or were using the Internet to reach over borders and perform customer service and recruit downlines in the respective nations.
The U.S. government and other governments of the world have become increasingly concerned about cross-border fraud. Yesterday, U.S. Attorney General Eric Holder and Janet Napolitano, the secretary of the U.S. Department of Homeland Security, met with top officials in Canada to discuss the problem.
Perhaps aghast over JSS Tripler/JustBeenPaid developments, a poster on the MoneyMakerGroup Ponzi forum declared today that having regional reps for JSS Tripler/JustBeenPaid is an “insane idea.”
“Forget about the matrix spots and payouts,” the MoneyMakerGroup poster wrote today. “[W]hy is 200,000 + members not enough and why arent (sic) we off the radar and private and not opening ourselves up to potential problems ? Regional reps is an insane idea, Im (sic) sorry but the admin needs to protect us and wakeup (sic) to the reality that you cant (sic) get this huge and expect nothing bad to happen.”
The poster did not explain his apparent belief that JSS Tripler/JustBeenPaid had a duty to go “private” and to get “off the radar” of regulators. Nor did he say precisely what constituted something “bad.”
HYIPs have been the subject of both civil and criminal litigation in various jurisdictions.
It is common for HYIP purveyors to tout purported “offshore” operating venues and to claim such venues insulate an “opportunity” from prosecution. It also is common for HYIPs to announce they are “private” programs and therefore not subject to government oversight. At the same time, it is common for HYIPs to try to structure a Terms of Service or Member Agreement that purports either that the “opportunity” is not selling securities or is not subject to regulatory oversight.
Some HYIPs, including JSS Tripler/JustBeenPaid, have preemptively denied they are Ponzi schemes.
The purported returns of JSS Tripler/JustBeenPaid are somewhat on par with the returns of Nicholas Smirnow of the alleged Pathway To Prosperity HYIP Ponzi scheme. Smirnow is listed as “Wanted” by INTERPOL.
On Feb. 27, the PP Blog reported that a website linked to Mann displayed videos of Francis Schaeffer Cox, an American and purported “sovereign citizen” under indictment in Alaska in an alleged murder plot against public officials.
Separately, a YouTube promo for JSS Tripler/JustBeenPaid dated yesterday asserted that “[a]ll you have to do is wait for your money to increase!!!”
A Blog post dated today, meanwhile, makes this assertion (italics added):
“The JSS Tripler new site is one month old. It has been a month of phenomenal growth, but it’s nothing compared to what’s in the future. Some ‘Big Things’ are on the horizon that will enable many of the members to become millionaires, some could even become billionaires.”
Neither the March 3 Blog post nor the March 2 YouTube video referenced the CONSOB probe.
In 2008, AdSurfDaily President Andy Bowdoin asserted that ASD had a plan to create 100,000 millionaires in three years. On Dec. 1, 2010, the U.S. government announced that Bowdoin had been indicted on Ponzi-related charges of wire fraud, securities fraud and selling unregistered securities.
Seabaugh also was an affiliate of an enterprise known as Ad-Ventures4U (ADV4u), which crashed in 2009 amid allegations that its operator had been threatened by members.
In web promos, Mann has described himself as a promoter for both ASD and ADV4U. Some affiliates have described him as a “genius,” the same description accorded Bowdoin before the August 2008 raid on ASD headquarters by the U.S. Secret Service.
After the event — and facing both civil prosecution and a criminal investigation — Bowdoin told ASD members that the raid was the work of “Satan.”
It is a descriptor completely contrary to the typical view Americans have of the Secret Service, which has the twin duties of protecting the nation’s financial infrastructure and the life of the President of the United States.
Most Americans believe the Secret Service consists of heroes who place themselves in harm’s way every day to keep the United States safe, doing everything from making sure U.S. grandparents have safe places to deposit their Social Security checks to making sure that the President is well-protected and accessible to the American people.
Kenneth Wayne Leaming, an ASD member and purported “sovereign citizen,” allegedly filed a bogus lien against the Secret Service agent who led the ASD investigation in 2008, the FBI said in November 2011 court filings.
Leaming also allegedly filed bogus liens against a federal judge and three federal prosecutors involved in the ASD case, according to court filings by the FBI. He is jailed near Seattle awaiting trial on those charges, along with charges of filing false liens against other public officials, concealing two federal fugitives wanted in a home-business caper in Arkansas, being a felon in possession of firearms and uttering a bogus “Bonded Primissory Note” for $1 million.
Court filings suggest Leaming was conducting financial research on John Roberts, the chief justice of the United States and the head judge of the U.S. Supreme Court, while hatching a scheme to serve papers on Roberts through a school attended by the distinguished jurist’s children.
EDITOR’S NOTE: A top U.S. official — speaking today in Mexico City at the High-Level Hemispheric Meeting Against Transnational Organized Crime hosted by the Mexican government under the framework of the Organization of American States (OAS) — addressed the challenges the world law-enforcement community is confronting in the Internet Age.
In remarks apt to cause unease within the HYIP and organized-crime spheres, Deputy U.S. Attorney General James Cole noted that the government was wise to efforts by criminals to chill efforts to expose crimes by filing libel lawsuits. (A link to Cole’s full prepared remarks appears at the bottom of this story.)
Some recent Ponzi cases in the United States involving incredible sums of money — and the corresponding behavior of some of the participants — help prove the point . . .
AdSurfDaily President Andy Bowdoin, named a defendant in a 2009 civil case that alleged racketeering, issued “slander” lawsuit threats prior to the August 2008 intervention by the U.S. Secret Service in the ASD scheme. The threats were issued not long after Bowdoin had returned from a trip arranged by a lawyer in which the ASD patriarch had ventured to Panama and Costa Rica, according to court filings.
Bowdoin later was indicted, amid allegations he was presiding over an international Ponzi scheme that had gathered at least $110 million. Robert Hodgins, who was referenced in 2007 ads for ASD, is an international fugitive wanted by INTERPOL. The United States accused Hodgins of laundering proceeds for narcotics traffickers in Colombia.
In advance of today’s High-Level Hemispheric Meeting Against Transnational Organized Crime, OAS Secretary General José Miguel Insulza noted that such crime “is the principal continental source of activities such as drug trafficking, the illicit trafficking of firearms and immigrants, human trafficking, money laundering, corruption, kidnapping, and cybercrimes.”
Befitting its importance, the hemispheric meeting was hosted by Felipe Calderón, the president of Mexico.
Among others things, Deputy U.S. Attorney General James Cole said this at the meeting:
“The advance of globalization and the internet, while hugely beneficial to people everywhere, has also created unparalleled opportunities for criminals to expand their operations and use the facilities of global communication and commerce to carry out their criminal activities across national borders.”
Although Cole did not use the term “HYIP” in his remarks, it is clear that the U.S. government is well aware of the dangers online fraud schemes pose as they reach across borders to accumulate tens and even hundreds of millions of dollars — sometimes through a single fraud scheme.
As the PP Blog read the text of Cole’s remarks, another thing leaped off the page. Indeed, Cole said this (emphasis added):
“Because of the sophistication of the world economy, organized crime groups have developed an ability to exploit legitimate actors and their skills in order to further the criminal enterprises. For example, transnational organized criminal groups often rely on lawyers to facilitate illicit transactions. These lawyers create shell companies, open offshore bank accounts in the names of those shell companies, and launder criminal proceeds through trust accounts. Other lawyers working for organized crime figures bring frivolous libel cases against individuals who expose their criminal activities.“
Cole, of course, wasn’t talking specifically about the AdSurfDaily Ponzi case and ASD’s preposterous claims that Bowdoin had found a legitimate way to pay interest of 1 percent a day on the tens of millions of dollars sent in by participants and that ASD would create 100,000 millionaires in three years.
Even so, the words Cole uttered in Mexico City today have deep relevance to the HYIP sphere. Indeed, ASD reached across international borders and relied on an international sales force.
Here is how ASD worked: It relied on “legitimate actors” of the sort Cole described — in ASD’s case, a lawyer who allegedly scrubbed the “opportunity” to ensure compliance, and Moms and Pops and entrepreneurs (and people down on their luck) who signed up and became the friendly faces to their prospect bases. The salespeople were paid 10 percent for recruiting a friend with money and 5 percent more if the friend could recruit a friend with money — on top of “surfing” earnings of 1 percent a day and even more through the purported miracle of “compounding.”
The current HYIP scheme of JSS Tripler/JustBeenPaid has the same type of payout schemes that ASD foisted on the marketplace. One big difference is the JSS/JBP says it can provide twice the daily payout of ASD.
JSS/JBP’s purported operator is Frederick Mann, a former ASD pitchman.
In September 2011, the U.S. Secret Service described ASD as a “criminal enterprise.”
You’ll note above that Cole today used the same phrase to describe one of the inherent threats of transnational organized crime. And, as noted above, he also spoke about bids to chill critics through the filing of libel lawsuits.
Those same types of threats were made in the ASD case, beginning in the summer of 2008. In fact, federal prosecutors even included an evidence exhibit in case filings that alluded to one such alleged threat. Unmentioned in the initial ASD case filings were the bids to chill reporters in at least two states and a newspaper in Georgia.
If you’ve been following the HYIP sphere for any length of time, you know that threats to sue members of the antiscam community are part of the landscape — so much so, that it has become an HYIP cliche. The bids to chill are not limited to threats to sue for libel and “slander,” however.
It also is becoming an HYIP cliche that the operators and apologists for brazen HYIPs threaten to file complaints with the ISPs of members of the antiscam community — i.e., if you report about us we’ll take down your Internet connection and/or sue you for copyright/trademark infringement.
These things are transparent bids to chill speech. They also are designed to have a secondary “benefit”: to make the marks — who may consist in part of people who are otherwise “legitimate actors” — believe that harm will come to them if they ever complain, that there are severe consequences to those who complain.
These nefarious methods have surfaced in scheme after scheme after scheme, as have various assertions about “offshore” venues and the purported “safety” the “offshore” venues provide. Longtime observers know the claims are part and parcel to the HYIP sphere — and that claims that someone is a successful businessman who has presided over multiple companies almost certainly will be incorporated into the sales pitch for an “opportunity.”
The FBI, for just one example, has been warning for years about securities fraud, the “shadow banking system” and the use of shell companies to disguise fraud proceeds. The director has testified repeatedly on Capitol Hill about the subject, while simultaneously warning about debit cards that are being used in nefarious ways and the dangers posed by lone wolves and “home-grown, violent extremists.”
All of these things are or may be in play in the HYIP sphere. Here are some things you should know:
It is likely that the scheme’s operator is trading on the credibility you have with loved ones and friends within your immediate sphere of influence to drive dollars to the scam. It is equally likely that you are being denied the sort of information that would empower you to make an informed purchasing decision and highly likely you are being asked to participate in a venture that could result in prosecutions under both civil and criminal law, possibly even the RICO statute.
The rate of return will be preposterous in any real-world context and the math will be fuzzy and confusing, if not downright impossible.
Your sponsor will lie to you or pass on GIGO that is part of the company line because the company line is more convenient than the uncomfortable truth. It will be garbage coming in, and garbage going out.
You will be subjected to a direct or indirect threat or a bid to chill, especially if you ask uncomfortable questions or raise any doubts.
There is a chance you’ll be working for a racketeer or an international criminal, perhaps even a “sovereign citizen” who has hatched a construction by which nothing is a crime, that all conduct is lawful in the name of freedom and free markets. If your sentiment is against the government or “big business” because of your personal financial situation or your political or philosophical views, an extremist may try to exploit your sentiment for personal profit.
Just some things to think about in the age of the HYIP, the age of terrorism and the age of transnational organized crime as practiced on the Internet . . .
Read the full remarks of Deputy U.S. Attorney General James Cole here.
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.
A few weeks prior to the Aug. 1, 2008, seizure of tens of millions of dollars in the personal bank accounts of AdSurfDaily President Andy Bowdoin, Bowdoin apparently believed it prudent to plant the seed that the ASD autosurf had amassed a giant pot of cash and would use it to “hammer” critics. His willfully blind followers helped spread the word on forums that ASD detractors soon would feel the sting of being sued back to the Stone Age.
Here, according to federal court filings, is what Bowdoin told ASD members at a company rally in Miami on July 12, 2008:
“These people that are making these slanderous remarks, they are going to continue these slanderous remarks in a court of law defending about a 30 to 40 million dollar slander lawsuit. Now, we’re ready to do battle with anybody. We have a legal fund set up. Right now we have about $750,000 in that legal fund. So we’re ready to get everything started and get the ball rolling.” (Emphasis added.)
Bowdoin thuggishly suggested that ASD had hired a law firm and that the firm was experienced at “bringing the hammer down on people that need it.” It is worth noting that federal prosecutors included the remarks attributed to Bowdoin in a document labeled “Government Exhibit 5.”
Meanwhile, it’s also worth noting that “Government Exhibit 1” consisted of the 2006 SEC complaint against 12DailyPro that accused the firm of operating an autosurf Ponzi scheme. It was the government’s way of showing that autosurfs such as ASD rely on willfully blind promoters to proliferate. “Government Exhibit 2,” meanwhile, was the SEC’s 2007 complaint against the PhoenixSurf autosurf. The inclusion of this exhibit was another way to show willful blindness.
One of the interesting things about the PhoenixSurf complaint was that it referenced Virtual Money Inc., which federal prosecutors in Connecticut later linked to alleged money-laundering by a narcotics cartel in Medellin, Colombia.
Robert Hodgins, the operator of Virtual Money, is an international fugitive wanted by INTERPOL. ASD also used Virtual Money, according to promos for the firm. In December 2010, federal prosecutors said ASD also had a tie to E-Bullion, a shuttered California payment processor whose operator was accused (and convicted) of arranging the brutal slashing murder of his wife in a Greater Los Angeles parking garage. ASD also had a link to E-Gold, a processor convicted in a money-laundering conspiracy case. So did PhoenixSurf.
“Government Exhibit 4” in the August 2008 ASD Ponzi case consists of surveillance photos taken in ASD’s hometown of Quincy, Fla. The date upon which the photos were taken is unclear, but it is known that the U.S. Secret Service began to investigate ASD on July 3, 2008, a little more than a week before the Miami rally.
The entry of the Secret Service in the ASD case fundamentally sent two signals: The U.S. government believed its financial infrastructure might be under attack by an organization — ASD — that was trading on the name of the President of the United States. The SEC has said nothing about the ASD case — at least not in public. Bowdoin was indicted on criminal charges in December 2010. If he is convicted on all counts, the man who once claimed to have a giant pot from which he could draw to “hammer” critics could face up to 125 years in federal prison, fines in the millions of dollars and forfeiture orders totaling at last $110 million.
In the earliest days of the ASD probe, at least three media outlets — including a local newspaper, a Blog and a regional publication — were threatened with lawsuits. Bowdoin ended up suing no one. In fact, within months he was consumed by litigation directed at him from virtually all fronts. Multiple civil-forfeiture complaints were filed, as was a racketeering lawsuit. These things occurred as a criminal investigation was unfolding slowly.
For all these reasons and more, Bogdan Fiedur — and members of the AdLandPro online “community” — should perform a sober assessment of Fiedur’s recent threat to sue RealScam.com, an antifraud forum.
Threats to sue journalists, media outlets, forums, Blogs and other websites that publish information about online schemes are bids to chill speech. These bids are occurring as an epidemic of white-collar crime and securities fraud is sweeping the globe during a period in which government budgets are strained and literally thousands of fraud investigations are under way that reach into all corners of the world.
It is clear that online fraud is responsible for billions of dollars in global losses. These worlds are exceptionally murky. No one knows for certain where the money goes when fraud schemes disappear — as they so often do. It is equally clear that criminal puppeteers behind the schemes are taunting investigative agencies. From the standpoint of the U.S. government, the government and financial institutions are facing attacks of thousands of tiny cuts.
Lanny Breuer, the head of the U.S. Department of Justice’s Criminal Division, testified on Capitol Hill yesterday that the “convergence of threats” posed by transnational organized crime is “significant and growing. ”
“Transnational organized crime is increasing its subversion of legitimate financial and commercial markets, threatening U.S. economic interests and raising the risk of significant damage to the world financial system,” Breuer told the Senate Judiciary Subcommittee on Crime and Terrorism.
Despite worldwide headlines of one massive fraud scheme after another — and despite the fact that the financial lives of real human beings in all corners of the world are being reduced to rubble by serial Ponzi schemers and scammers — Bogdan Fiedur is threatening to sue RealScam.com.
At a minimum, it is a PR blunder of the highest magnitude. Bowdoin made the same mistake. So did Data Network Affiliates (DNA), a purported business “opportunity” associated with serial huckster Phil Piccolo, who once planted the seed that, if lawsuits didn’t work, he knew the type of people willing to break legs to silence critics. One apologist for Piccolo and DNA planted the seed that a former federal prosecutor, federal judge and director of the U.S. Department of Homeland Security was a suspect in the 9/11 terrorist attacks.
It doesn’t get much more bizarre than that — unless one is willing to consider that Bowdoin now is trying to raise funds for his criminal defense on Facebook and claiming that God established a program known as OneX to help him do just that.
OneX is among the “programs” promoted by members of the AdLandPro “community” — as were ASD and Finanzas Forex (and many others) before it.
And yet Fiedur apparently believes he can chill RealScam.com into stop doing what it does by registering a domain titled “RealScamClassActionSuit.com.”
Inverting reality, the purported class-action site ventures that “RealScam encourages cyber-bullying and cyber-stalking by allowing the creation of anonymous accounts and by allowing the users to present of (sic) unproven accusations towards individuals of their targeted organization. The RealScam.com turns out to be just a harassment and bashing site with no verification of facts and indiscriminate attacks at anyone who looks like an easy target.”
It’s easy to imagine Andy Bowdoin or Phil Piccolo saying the same thing — while doling out accolades to the AdLandPro “community” for its excellent judgment about the types of “programs” the world’s masses should be joining.
“The wealth generated by today’s drug cartels and other international criminal networks enables some of the worst criminal elements to operate with impunity while wreaking havoc on individuals and institutions around the world,” Breuer of the Justice Department observed yesterday. “Generating proceeds often is only the first step — criminals then launder their proceeds, often using our financial system to move or hide their assets and often with the help of third parties located in the United States. Indeed, international criminal organizations increasingly rely on these third parties and on the use of domestic shell corporations to mask crimes and launder proceeds under the guise of a seemingly legitimate corporate structure.”
And then Breuer asked the Senate panel to enact legislation that would strengthen money-laundering and asset-forfeiture laws and broaden the federal RICO statute.
Whether the Senate — and the Congress as a whole — will listen is unclear. What is clear is that, at least in the context of online fraud schemes, victims are piling up in numbers that America’s largest sports stadiums cannot accommodate. Losses are in the billions. Vast sums of wealth have been taken from rightful owners and placed in the hands of criminals.
It is simply beyond the pale that Fiedur asserts that RealScam.com is a menace, when it is one of the few sites in the world that tasks itself with exposing the menace of international mass-marketing fraud that occurs over the Internet.
One final thing worth mentioning: A few weeks before Breuer ventured to Capitol Hill to testify before the Senate panel, he carried out another important public duty.
On Sept. 26, Lanny Breuer joined U.S. Attorney Ronald C. Machen Jr. in announcing that ASD victims who filed successful remissions claims in the civil Ponzi case were getting $55 million back.
“We will continue to use every tool at our disposal to bring justice to the citizens defrauded by these insidious schemes,” Breuer said.
Marlyn D. “Milt” Hinders, a Colorado fugitive charged six years ago in the $80 million Genesis Fund Forex Ponzi scheme, has been arrested in Houston, 9News.com (KUSA) is reporting.
Hinders is 72. He was indicted in May 2005. A federal grand jury that had been impaneled in the Central District of California in 2003 accused him of being “one of the leading promoters and a manager of the Genesis Fund.”
The Genesis Fund scheme traces its roots at least to 1994 and presaged highly complex international Forex, HYIP and autosurf fraud investigations to come. The Genesis Fund fraud caper started in the United States, but then whisked itself offshore to Costa Rica and other countries when U.S. law enforcement began to close in, first by issuing subpoenas and later by convening a grand jury when evidence disappeared.
One of the figures in the case was a “co-conspirator lawyer from Costa Rica,” according to the indictment. Another was California attorney Victor Preston, who pleaded guilty in 2009 to defrauding the United States.
INTERPOL and authorities in Costa Rica assisted in rounding up at least three Genesis Fund defendants who’d ducked out of the United States. Five others were arrested in the United States, prosecutors said.
Hinders, who allegedly moved to Mexico in 2004 after subpoenas were issued and the grand jury was impaneled, was caught in Houston after a “tip” last month, KUSA reported. It is believed Hinders is the last of the nine defendants in the case to be rounded up.
Like the now-defunct AdViewGlobal autosurf, the now-defunct Genesis Fund purported to be an offshore “association” outside the reach of U.S. law enforcement, according to records.
Investigators followed the Genesis Fund paper trail “from the Caribbean to Hong Kong to Costa Rica and numerous other offshore locations,” according to a statement last year.
When the Genesis Fund Ponzi scheme collapsed, its operators “and their co-conspirators lulled the investors into believing that their investments would be recovered through a new investment plan,” the grand jury charged in an 83-count indictment.
It is common for investment fraud schemes to suspend payouts and then claim a new program will emerge to replace a failed one.
“Upon learning of the grand jury investigation, the defendants and their co-conspirators conspired to and did endeavor to obstruct the investigation by restructuring the Genesis Fund as a group of nominee offshore corporations,” the grand jury charged.
“This signals the new era of solving global financial fraud — the veil of offshore secrecy has been lifted and the IRS will do what is necessary to expand international cooperation to obtain financial evidence,” Victor S O. Song, chief of the IRS Criminal Investigation Unit, said last year.
Fahimi Fisal (left) and Mukhtar Kechik. Source: INTERPOL.
Ponzi schemer Robert Miracle, who scammed investors in a $65.3 million oil-and-gas fraud operating in the Seattle area, knows he’ll bed down tonight in custody at the SeaTac Federal Detention Center in Washington state.
His co-defendants, though, are less certain of their sleeping spots — and still have to worry about knocks at doors in the middle of the night.
Fahimi Fisal and Mukhtar Kechik — both Malaysian nationals of middle age — are international fugitives wanted by INTERPOL. Fisal is 40; Kechik is 54. There are “Wanted” posters in each of their names.
Miracle, 50, Bellevue, Wash., was sentenced this week to 13 years in federal prison, but he already was in custody. While awaiting trial in May 2009, his bail was revoked for not complying with the conditions of his release.
In February 2009 — just two months after the $65 billion Bernard Madoff caper came to the fore and the word Ponzi became a daily part of the national and international dialogue — Miracle, Fisal and Kechik were charged in in a 23- count indictment alleging conspiracy, mail fraud, wire fraud, money-laundering and tax evasion. The criminal case against Miracle and his co-defendants was one of the first major prosecutions of the post-Madoff era.
Many towns across the United States now have their own individual “mini-Madoffs,” and the alleged schemers are accused of consuming individual and family wealth on a local, regional, national or international scale, taking wrecking balls to churches, charities and endowments — and leaving Ponzi pain on the doorsteps of hundreds of thousands of people.
The Miracle scheme “ruined people’s lives,” prosecutors said, quoting U.S. District Judge James L. Robart, who sentenced Miracle. Miracle pleaded guilty to mail fraud and tax evasion.
Prosecutors said he operated companies purportedly involved in oil development in Indonesia, and sold “shares” in ventures known as Laramie Petroleum Inc., MCube Petroleum Inc., Diski Limited Liability Co., Basilam Limited Liability Co. and Halmahera-Rembang Limited Liability Co.
“Miracle and his co-defendants represented to investors that various companies were making money from oil field development and services on oil and gas fields in Indonesia,” prosecutors said. “In fact, the proceeds of later investors were used to pay off the investments of earlier investors in the form of a ‘ponzi’ scheme.”
William L. Waters: Charged by state prosecutors in Colorado, extradited from Argentina by the FBI, prosecuted in Douglas County District Court — and sentenced to 40 years in state prison.
BULLETIN: A Ponzi schemer who fled the United States and was extradited from Argentina has been sentenced to 40 years in state prison, Colorado Attorney General John Suthers announced.
William L. Walters, 46, was brought back to the United States by the FBI, which worked closely with Colorado authorities to bring him to justice, officials said.
“This sentence underlines our commitment to vigorously pursue and prosecute cases of financial fraud that victimize Coloradans,” Suthers said. “Our thanks to the FBI for helping us to ensure that justice delayed did not result in justice denied for Mr. Walters’ victims.”
Walters was caught after the FBI “tracked” him and INTERPOL “flagged” his passport, investigators said. An Argentinean court approved Walters’ extradition last year.
Victims of the scheme, which gathered $23 million, hailed from nine U.S. states.
The Walters’ case destroyed a common myth that “offshore” landing spots shelter Ponzi schemers from prosecution. The Colorado Division of Securities assisted in the probe.
Walters also was ordered to pay $9.5 million in restitution. His next landing spot is the Colorado Department of Corrections.
Earlier this week the PP Blog reported that members of MPB Today were using YouTube and other sites to post images of checks drawn on a distressed Florida bank. The checks, which were supplied as purported “proof” of MPB Today’s legitimacy, may expose both the posters and the bank to security breaches and identity theft.
The bank, Gulf Coast Community Bank of Pensacola, has been operating under an FDIC consent agreement since January. It did not respond to a request for comment from the PP Blog. It is possible that the bank was unaware that its name was being used as a form of purported “proof” that one of its customers — MPB Today, which operates an MLM advertised on Ponzi forums such as ASA Monitor — was above-board.
Like MPB Today, the alleged Legisi Ponzi scheme was pushed on Ponzi forums such as MoneyMakerGroup. This bizarre section of the Legisi Terms of Service purports that members must avow they are not an "informant, nor associated with any informant" of the IRS, FBI, CIA and the SEC, among others. The others included "Her Majesty's Police," the Intelligence Services of Great Britain, the Serious Fraud Office and Interpol.
In the alleged AdSurfDaily (ASD) Ponzi scheme in 2008, members cited ASD’s relationship with Bank of America as purported “proof” of legitimacy. Federal agents later seized more than $65.8 million from 10 bank accounts controlled by ASD President Andy Bowdoin amid allegations of wire fraud and money-laundering.
ASD also was promoted on the Ponzi boards. Robert Hodgins, who operated a company ASD members said supplied debit cards to the firm, now is wanted by INTERPOL in a case that alleges he assisted in the laundering of money for Colombian narcotics traffickers. The money was accessed with debit cards through ATMs in Medellin, according to court records.
A mysterious business opportunity known as WebsiteTester.biz also is being hawked at ASAMonitor and other Ponzi boards. WebsiteTester claims it has collected the names and email addresses more than 400,000 prospects across the world. WebsiteTester claims its legitimacy can be established by watching a YouTube video that shows no faces and by reading a news release published by an anonymous author.
In July, the Financial Industry Regulatory Authority (FINRA) issued an alert about fraud schemes that use forums and social-media sites such as YouTube and Facebook to spread virally.
Among the other “programs” pushed on the Ponzi boards was Legisi, an alleged Ponzi scheme that gathered more than $70 million. Legisi members were specifically prompted to “avow” they were not “an informant” for law enforcement, including INTERPOL, the FBI and the SEC, among other agencies.
Despite repeated public warnings by authorities to exercise caution on the Internet, fraud schemes continue to proliferate globally. INTERPOL now says one of its own was targeted in an identity-theft bid on Facebook — and it was the boss himself.
“Just recently INTERPOL’s Information Security Incident Response Team discovered two Facebook profiles attempting to assume my identity,” said Ronald K. Noble, INTERPOL’s Secretary General.
“One of the impersonators was using this profile to obtain information on fugitives targeted
during our recent Operation Infra Red,” Noble said. “This Operation was bringing investigators from 29 member countries at the INTERPOL General Secretariat to exchange information on international fugitives and lead to more than 130 arrests in 32 countries.”
A Hawaii man and his company were hit with sanctions totaling $6.2 million in a case that alleged they targeted people with hearing impairments in a Forex Ponzi scheme.
Both the SEC and the CFTC filed actions against Marvin Cooper and his Honolulu-based firm, Billion Coupons Inc. (BCI). The CFTC announced the judgment against Cooper and the company.
Investigators said Cooper and BCI “solicited funds from deaf American and Japanese individuals for the sole purported purpose of trading forex,” luring them with payout promises of up to 25 percent per month.
For his part, Cooper took “more than $1.4 million of customer funds for personal use, including for flying lessons and to purchase a $1 million home,” investigators said.
He was ordered to pay $3.9 million in restitution to customers and more than $2.3 million in penalties. The company is liable for the same amounts.
The “Billion Coupons” case drew comparisons to the now-defunct Noobing autosurf, which also targeted the deaf. Noobing became popular in the aftermath of the August 2008 federal seizure of tens of millions of dollars in the AdSurfDaily Ponzi scheme case.
Despite the federal seizure, some ASD members promoted Noobing. Noobing effectively went bust in July 2009, when the FTC charged its parent company — Affiliate Strategies Inc. — with pushing a scheme that promised “guaranteed” government grants of $25,000 from economic stimulus funds.
Noobing later was named a receivership defendant in the case. Receiver Larry Cook sold the company’s assets lock, stock and barrel — right down to a lavatory wastebasket. Like ASD, Noobing’s parent firm also owned a jet ski. Cook sold that, too.
Despite dramatic asset seizures and the federal actions against ASD and Noobing’s parent — and despite previous actions against autosurfs, including 12DailyPro, PhoenixSurf and CEP — some ASD members have continued to promote autosurfs.
This has occurred against the backdrop of a racketeering lawsuit against ASD President Andy Bowdoin and public filings in which prosecutors claimed Bowdoin had signed a “proffer” letter in the case and met with members of law enforcement over a period of four days in December 2008 and January 2009.
It also is known that Interpol is seeking the arrest of Robert Hodgins, whose Dallas-based debit-card company, Virtual Money Inc., is alleged to have agreed to launder drug money in the Dominican Republic and assist a Colombian drug operation launder money at ATMs in Medellin.
ASD members said Hodgins’ company supplied debit cards to AdSurfDaily, and web records suggest that Hodgins or a Virtual Money designate attended an ASD function in the Orlando area in late 2006.
Even though Bowdoin acknowledged in court filings that he had given information against his interests to the government, some ASD members continue to promote autosurfs and HYIPs. After signing the proffer letter and surrendering his claims to more than $65.8 million seized from his personal bank accounts, Bowdoin later reentered the case as his own attorney.
One of Bowdoin’s 10 personal bank accounts contained more than $31 million, according to court filings. Another contained more than $23 million. Three other bank accounts contained the exact same amount — a little over $1 million.
After submitting to the forfeiture in January 2009, Bowdoin fired his attorneys without notice and attempted to reenter the case weeks later as his own attorney. This set in motion a series of bizarre pleadings from Bowdoin, including one in which he claimed he had not been provided “fair notice” of his illegal conduct by the government. ASD members by the dozens then filed their own bizarre, pro se pleadings. U.S. District Judge Rosemary Collyer ruled against each of the filers, saying they had no standing in the case.
Collyer since has ruled against Bowdoin, awarding title to more than $80 million seized in the case to the government, which said it intends to implement a restitution program. Bowdoin is appealing Collyer’s forfeiture decisions.
Court filings show that Bowdoin told Collyer the seized money belonged to him. In September 2009, the U.S. Secret Service presented Collyer a transcript of a conference-call recording in which Bowdoin told members the money belonged to them. Although Bowdoin insisted he had big plans for ASD, records show that he let the firm’s registration lapse in the state of Florida — even as he was telling members they should be excited about the company’s future.
In the recording, Bowdoin claimed his fight against the government was inspired by the compelling personal story of a former Miss America.
Marlyn D. “Milt” Hinders, a Colorado fugitive charged six years ago in the $80 million Genesis Fund Forex Ponzi scheme, has been arrested in Houston, 
