URGENT >> BULLETIN >> MOVING: (6th Update 8 p.m. EDT U.S.A.) TelexFree Trustee Stephen B. Darr has sued MLM attorney Gerald Nehra and the Nehra and Waak law firm, alleging they were “actively involved” in promoting TelexFree’s Ponzi scheme and “duping” participants.
Nehra and the firm have asked for more time to respond to the April 1 complaint, saying through court filings that they “anticipated participation in criminal proceedings related to the case.”
Chief Bankruptcy Judge Melvin S. Hoffman extended the response deadline until June 1. The original deadline was May 2.
Whether Nehra or the firm considered themselves potential TelexFree criminal defendants was unclear in the response. TelexFree principals James Merrill and Carlos Wanzeler are the sole criminal defendants to date.
Separately, prosecutors in the Zeek Rewards’ criminal case against Paul Burks said in court filings in the Western District of North Carolina Monday that Nehra and law partner Richard Waak may be called as witnesses in the case against Burks.
Nehra and Waak have settled with Zeek receiver Kenneth D. Bell, who alleged they “encouraged investors to participate in the [Zeek] scheme by knowingly allowing their names to be used in providing a false façade of legality and legitimacy and gave improper legal advice that allowed the scheme to continue far longer than it would have without the Defendants’ support.”
Darr wants Nehra and the firm to return all legal fees paid to them by TelexFree between May 2012 and April 2014 — about $24,000. Hoffman has ruled TelexFree a Ponzi- and pyramid scheme, and Darr contends neither Nehra nor the firm provided any “compensable advice” during the two years they represented TelexFree.
The trustee further contends that Nehra appeared in a YouTube video promoting TelexFree.
MLM attorney Gerald Nehra at a TelexFree rah-rah event in California in 2014. Source: YouTube.
Representing Zeek and TelexFree created incredible problems for the two lawyers. At least three of their MLM clients have been charged criminally and a mountain of litigation has been filed against Nehra and the firm, including actions by Darr, Bell and class-action attorneys.
In the settlement with Bell, Nehra and Waak agreed to a confession of judgment for $100 million. They contended “that they acted in good faith as legal counsel,” but now “acknowledge and agree that, based on their current knowledge, during the period they served as counsel RVG in fact operated an unlawful Ponzi an pyramid scheme involving an unregistered investment contract that caused hundreds of millions of dollars in losses to innocent victims of the scheme,” according to filings from Bell.
Government attorneys handing the Burks’ criminal case quoted the settlement language in their May 2 filing. RVG, or Rex Venture Group, was the operator of Zeek.
Zeek and TelexFree combined allegedly gathered on the order of $3.9 billion while creating hundreds and hundreds of thousands of victims globally.
A TelexFree video featuring Nehra appeared on YouTube in August 2013, according to Darr’s complaint. That’s two months after authorities in Brazil called TelexFree a pyramid scheme.
Also in August 2013, MLM attorney Jeffrey Babener advised TelexFree that it was operating a pyramid scheme, Darr alleged in September 2014.
TelexFree nevertheless continued to gather money until it collapsed in bankruptcy in April 2014, Darr alleged. The last payment to Nehra and the Nehra and Waak firm was made on April 3, 2014, just 10 days before the implosion, according to Darr.
On April 20, the PP Blog reported that TelexFree Trustee Stephen B. Darr had proposed to add dozens of U.S. defendants to a class-action lawsuit that seeks the return of gains from alleged “winners” in the judicially declared Ponzi- and pyramid scheme.
Filings docketed on April 22 show that Darr also is seeking to add defendants to a class-action case against alleged international winners. Among other things, the filings show that at least 24 alleged TelexFree winners from outside the United States received at least $1 million each. Scores of others also allegedly received large sums of less than $1 million.
At least 10 people, for instance, allegedly received more than $900,000 each, but less than $1 million.
Residents of Portugal, China, Spain, Colombia, Dominican Republic, Mexico, United Kingdom, Canada, Peru and Ecuador are referenced on the list of alleged international winners.
As the PP Blog reported in January 2016, the class-actions could affect tens of thousands of alleged winners globally because the named winners effectively are stand-ins for unnamed ones. Rulings against the named winners could apply to the entire defendant class of about 93,000 individuals alleged to have received more from TelexFree than they paid in.
Hundreds and hundreds of thousands of people are believed to be TelexFree losers.
The U.S. Department of Homeland Security is actively involved in the criminal prosecutions of TelexFree figures James Merrill and Carlos Wanzeler, alleged by the United States to be an international fugitive.
Carlos Wanzeler of TelexFree allegedly fled from the United States to Brazil while U.S. investigators were closing in on the company in 2014.
It’s easy enough to forget that TelexFree and its principals have epic legal problems outside the United States, where the company has been found a Ponzi- and pyramid scheme and alleged operators James Merrill and Carlos Wanzeler are under criminal indictment.
History shows, however, that the problems began in the Brazilian state of Acre in 2013. That’s when the state government seized millions of dollars tied to the MLM “program,” amid pyramid-scheme allegations. In Brazil, TelexFree operated through a company known as Ympactus.
Certain U.S. TelexFree promoters who allegedly pushed the “program” after the Acre action have been charged with fraud in the United States by the SEC.
Now, GazetaOnline (Brazil) is reporting in Portuguese that TelexFree may owe billions of reais in back taxes to Brazil’s federal government. (See translation to English by Google Translate.)
At the same time, the publication is reporting that two criminal probes into TelexFree by Brazil’s government for “suspicion of tax evasion, money laundering, and to act without authorization in the financial and capital markets” continue, according to a Google translation.
Brazil’s government may have a claim to a large portion of the money seized in Acre. For starters, it appears to be going after about R$130 million (roughly $36 million U.S.) of the R$600 million seized. If the federal government is successful, the $36 million would be transferred from state court in Acre to federal court in Espirito Santo.
EDITOR’S NOTE: This is a follow-up to our Feb. 4 article that reported TelexFree figure James Merrill potentially could be forced to take the Fifth Amendment in front of a large audience at a music hall in Worcester, Mass., on Feb. 10.
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James Merrill
Forcing him to take the Fifth Amendment tomorrow at Mechanics Hall in front of an expected large crowd at a meeting of TelexFree creditors could affect his right to a fair trial in the criminal case against him in October, James Merrill argued yesterday in bankruptcy court.
Through attorney Robert Goldstein, Merrill argued that a “spectacle” easily could ensue and that all of it could end up on the Internet.
Trustee Stephen B. Darr’s plan to hold the meeting at the hall may set the stage for news outlets to photograph or record Merrill’s invocation of his right not to incriminate himself and for attendees with cell phones to do the same thing and “widely disseminate the spectacle on the Internet,” Merrill argued.
Merrill will “appropriately, and necessarily” invoke the Fifth if forced to appear “and will respectfully decline to answer any questions regarding” TelexFree, which filed for Chapter 11 protection on a Sunday evening in April 2014.
Shortly after the filing, state and federal regulators called TelexFree a massive, cross-border fraud. Darr went on to deem it a Ponzi- and pyramid scheme, and Chief Bankruptcy Judge Melvin S. Hoffman agreed. Merrill and Carlos Wanzeler, another TelexFree executive, were charged criminally in 2014, after an investigation by the U.S. Department of Homeland Security.
TelexFree, which operated over the Internet and may have produced about $3 billion in illicit transactions in about two years, was the top story in DHS’s Daily Open Source Infrastructure Report on April 17, 2014.
In the 2008 AdSurfDaily Ponzi scheme, accused operator Andy Bowdoin invoked his Fifth Amendment right at a civil proceeding while a parallel criminal investigation was under way. Some ASD supporters immediately used the Internet to circulate a story that Bowdoin was “too honest” to testify.
ASD, a $119 million Ponzi scheme that ultimately sent Bowdoin to prison, and TelexFree operated in similar fashion. Prosecutors have described TelexFree as having cult-like qualities.
Read Merrill’s brief. Hoffman has ordered Darr’s motion to compel Merrill’s attendance “continued generally.” How that would affect tomorrow’s meeting was not immediately clear.
BULLETIN: TelexFree Trustee Stephen B. Darr today asked Judge Melvin S. Hoffman for an order that would compel TelexFree executive James Merrill to appear at a meeting of creditors at 11 a.m. on Feb. 10 at Mechanics Hall in Worcester, Mass.
Darr also wants Hoffman to designate Merrill as TelexFree’s corporate representative, setting the stage for him to be questioned by the office of the U.S. Trustee, an arm of the U.S. Department of Justice that participates in bankruptcy cases.
Carlos Wanzeler, another TelexFree principal, reportedly fled to Brazil in 2014, a circumstance that makes Merrill the only remaining shareholder known to be on U.S. soil. Merrill, who faces criminal charges of operating a Ponzi scheme, has been under close supervision with an ankle monitor since 2014, although he is permitted to leave his Massachusetts home to attend court functions and certain other events.
An appearance by Merrill at the meeting potentially sets the stage for him to invoke his Fifth Amendment right against self-incrimination before a large crowd at Mechanics Hall. On Jan. 13, the Telegram & Gazette reported that Darr had made plans to accommodate up to 1,000 people at the meeting, owing to the immense size of the TelexFree scheme.
Mechanics Hall, which calls itself “an acoustical masterpiece,” typically is known as a venue for music and performances.
“The historic performance hall, which can hold about 1,600 people, is an unusual choice for a meeting of bankruptcy creditors,” the Telegram & Gazette reported last month.”In most Worcester bankruptcy cases, creditors meet in a small room in a downtown office building.”
UPDATE 6:08 P.M. Feb. 8. Randall G. Reese, via Twitter (@Chapter11Cases), is showing a screen shot of a document today that says Merrill opposes the motion to appear on Wednesday and questions whether his right to a fair trial in the criminal case could be compromised if he is forced to appear at the meeting. See shot in No. 2 position in Comments thread below.
Now, a year later, a member of the TelexFree MLM scheme shut down by the SEC and other agencies last year is telling a federal judge that it appears TelexFree engaged in accounting fraud that caused him to pay taxes on income he never actually received.
Unlike Zeek’s Paul Burks and Dawn Wright-Olivares, alleged TelexFree operators James Merrill and Carlos Wanzeler have not been charged criminally with tax offenses. But the assertion by Shoyfer gives rise to questions about whether they and others could be as the federal probe of the enterprise continues. Merrill and Wanzeler currently face charges of wire fraud.
Shoyfer, through attorneys from two Boston law firms, says U.S. District Judge Timothy S. Hillman should not permit the plaintiffs to amend the complaint to make him the class-representative. He further contends that “TelexFree has engaged in what appears to be fraudulent accounting practices intending to show that it paid Mr. Shoyfer in excess of $750,000 – however this is simply false.”
“Although TelexFree credited Mr. Shoyfer with large amounts to his TelexFree account, he never withdrew or had access to the vast majority of these funds,” he contended through counsel.
Shoyfer did not identify who might have helped TelexFree hatch a bogus accounting scheme. The SEC, in 2014, charged former TelexFree CFO Joseph H. Craft of Boonville, Ind., with securities fraud. Craft is an accountant. In its civil complaint, the SEC alleged Craft “has been the chief financial officer of other multi-level marketing companies” in addition to his work for TelexFree.
From Shoyfer’s argument (italics added/light editing performed):
Mr. Shoyfer worked with TelexFree from March of 2013 through April of 2014 . . . Over the course of those thirteen months, Mr. Shoyfer received a total of $122,000 from TelexFree . . . However, Shoyfer also spent many thousands of dollars in expenses in order to make this money from TelexFree . . . Mr. Shoyfer estimates that he paid nearly $60,000 to TelexFree in order to be a part of the MLM (including dozens of purchases of the $1,425 AdCentral Family packages, . . . plus other expenses . . . Contrary to the allegations in the proposed amended complaint, Shoyfer never earned $300,000 per week . . . Mr. Shoyfer cannot afford to be the class representative in this lawsuit: it would almost certainly bankrupt him (again), and it would work an immeasurable hardship on his wife, his daughter, his unborn daughter, his two sons, his father, his sister and others that depend on him.
The argument describes Shoyfer as a teenager when he fled the Soviet Union for America years ago with his mother to escape “persecution because of their Jewish heritage.”
Living in the United States, Shoyfer, now believed to be in his forties, eventually became a full-time occupational therapist who started a staffing business in that profession and also dabbled in MLM, according to the argument.
Shoyfer asserts that he believed TelexFree to be legitimate.
“Prior to TelexFree closing down and being charged with fraudulent acts, Mr. Shoyfer had no knowledge that TelexFree was engaged in any unlawful, unfair, or improper practices,” his lawyers argued. “To the contrary, Mr. Shoyfer relied upon the statements of TelexFree’s officers and legal representatives that TelexFree was a fully legitimate and legal enterprise . . . Mr. Shoyfer had no reason to believe otherwise (nor did he) until TelexFree and its officers were charged.”
More from the argument (italics added/light editing performed):
The defense costs Mr. Shoyfer would have to absorb as the named defendant for the putative defendant class would easily exceed the amounts he received from TelexFree and he, therefore, has no incentive to pay the defense costs of being the named defendant . . . If a defendant class is certified, Mr. Shoyfer intends to opt out of the class . . . Mr. Shoyfer has no interest in being lumped together with 20,000 or so other defendants, some of whom may have known more than he did about TelexFree’s activities and the purported pyramid scheme, and some of whom liked caused Mr. Shoyfer to suffer damages himself.
The argument further contends Shoyfer is a good son and sibling who sends between $200 and $300 each month to both his father in Russia and his sister in Lithuania. He also has paid support of about $2,000 a month since 2008 for two children from his first marriage. Shoyfer now has a child with his second wife, with another child on the way.
In June 2015, The PP Blog reported that Shoyfer also was promoting a scheme known as MyAdvertisingPays — or MAPS, for short. MAPS resembles the AdSurfDaily Ponzi scheme, a $119 million fraud uncovered by the U.S. Secret Service in 2008.
Kenneth D. Bell, the Zeek receiver, has raised questions about MLMers moving from one fraud scheme to another.
Sann Rodrigues is on the right in this TelexFree promo from 2014. Indicted TelexFree figures James Merrill and Carlos Wanzeler are on the left.
UPDATED 12:55 P.M. EDT JUNE 24 U.S.A. Once alleged by a class-action plaintiff to be part of an international racketeering enterprise, TelexFree and IFreeX figure Sann Rodrigues, on May 3, 2015, allegedly told U.S. Customs and Border Protection officers at Boston’s Logan International Airport that he was about to travel to Israel.
Rodrigues, charged civilly by the SEC with securities fraud 13 months earlier in a case that alleged TelexFree had targeted affinity populations, “stated that he was embarking on a trip to the holy land with a church group for a week visit,” according to a May 7, 2015, affidavit by Homeland Security Investigations (HSI). HSI is an arm of the U.S. Department of Homeland Security.
The asserted church group was not identified in the affidavit. Also unclear is whether Rodrigues conducted business in Israel while there. What is clear is that Rodrigues had been conducting business in the United States for years. On at least one occasion, he allegedly failed to disclose to U.S. immigration officials that the SEC had brought a fraud action against him.
“Aliens” is a term under U.S. immigration law to describe foreign nationals. Rodrigues is a citizen of Brazil. Under U.S. law, aliens who’ve engaged in acts of terrorism, narcotics trafficking or seek to engage in “commercial vice” are ineligible to enter or reside in the United States, according to the affidavit.
Commercial vice typically covers crimes such as prostitution, but immigration law also addresses a “serious criminal offense” such as “any felony.” If Rodrigues is charged criminally with any Ponzi-related or other felony, it almost certainly will further cloud his immigration status. Since Rodrigues was arrested last month in the United States on a charge of visa fraud, that status already is under the U.S. microscope.
Among the allegations against Rodrigues, whose full name is Sanderley Rodrigues De Vasconcelos, was that he had obtained his U.S. green card fraudulently, the office of U.S. Attorney Carmen M. Ortiz said on May 26. Green cards provide for lawful, permanent U.S. residency.
Prior to receiving his green card in 2011, Rodrigues, in 2009, lied to the U.S. Consulate in Rio de Janiero to obtain a “B2” tourist visa with the stated purpose of visiting Las Vegas for eight days, according to the affidavit.
Upon his May 16 return to the United States from Israel, Rodrigues was arrested at a New Jersey airport (Newark International). He initially was jailed, but later was released on tight conditions.
But Rodrigues now has been detained again, BehindMLM.com reported today. The issue? Rodrigues, now an alleged visa fraudster in addition to being an alleged cross-border securities fraudster, reportedly has not met his bail conditions.
From BehindMLM (italics added):
[An] 8th of June hearing saw Rodrigues ordered to remain in the custody of the [U.S. Marshals Service], ‘until an SEC accounting or alternate funds are made available for bail‘.
Put another way, Rodrigues may not have enough clean money to comply with bail conditions.
U.S. federal court filings link Rodrigues to the alleged $1.8 billion TelexFree cross-border pyramid- and Ponzi scheme broken up by HSI and the SEC last year and to a 2006 pyramid scheme known as Universo Fone Club. Massachusetts investigators, meanwhile, have linked him to the IFreeX scheme.
Court records suggest Rodrigues has been in the United States at least on and off since at least 2003. And, according to the records, Rodrigues claimed in the 2009 B2 U.S. visa application for the trip to Las Vegas that he previously had traveled to Brazil, Spain, Italy, France, Germany, Austria and Switzerland. The TelexFree huckster allegedly failed to disclose that he’d also traveled to the United States, had lived in the United States for years and was deposed in the United States by the SEC in the 2006 Universo Fone Club case.
In fact, according to court filings, Rodrigues claimed in 2009 never to have been in the United States — this allegedly despite the SEC deposition and his own claim that he had lived in the United States between 2003 and 2006.
Cross-Border Scamming MLM-Style
Precisely how long Rodrigues has been involved in MLM/network marketing is unclear. The SEC says it’s been since at least 2006, potentially meaning the huckster who reaches across borders via the Internet and allegedly claims to be a world traveler has been scamming recruits for at least nine years.
While pitching prospects, Rodrigues publicly claimed he hauled at least $3 million out of TelexFree. The SEC said that the Universo Fone Club enterprise gathered more than $3 million. (See June 2007 story in Forbes.)
Rodrigues was among TelexFree’s purported honorees at the Madrid confab. Whether he had a large TelexFree organization in Spain remains an open question. It has been reported that 50,000 Spaniards had become involved in the “program.”
Affinity fraud in the form of schemes targeted at people who have something in common — from common nationality and common religion to common financial problems and common political beliefs — is a growing menace. The Internet in large part drives the schemes across national borders. But cross-border travel also plays a role. Pitchfests are performed in grand hotels and in budget properties. Ships at sea also have been used.
If the visa and securities charges against Rodrigues are proven, it will mean that you can add immigration fraud to the mix of ways modern network marketers are duping the public.
EDITOR’S NOTE: Certain reports by the PP Blog that are available to any person with an Internet connection are referenced in a consolidated, amended prospective class-action complaint that makes claims against various defendants with an alleged association with TelexFree. Information from other publicly available sites, including BehindMLM.com, RealScam.com and others, also is referenced.
The purpose of the PP Blog is to make information available to a wide audience interested in Ponzi schemes, pyramid schemes, securities-fraud schemes and concerns about the interconnectivity of such schemes. The Blog was not consulted about the inclusion of its links or quoted material from the Blog. Nor was the Blog compensated. The PP Blog has no association with the class-action attorneys, who obviously are readers of the Blog and the other online publications.
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Still promoting MLM HYIP schemes in the face of evidence they cause intractable financial, legal and emotional pain that sometimes mushrooms to involve hundreds of thousands of people?
On March 9, 2015, the PP Blog reported that the name of “MyAdvertisingPays” was referenced in a TelexFree-related proposed class-action lawsuit filed in U.S. District Court for the Southern District of New York in December 2014.
The filing appeared to mark the first time MyAdvertisingPays, known in shorthand as MAPS, was referenced in a federal-court filing.
History shows that such references are closely watched by law enforcement. Indeed, they sometimes serve as unofficial triggering actions and presage federal regulatory action by civil authorities such as the SEC and even actions by agencies empowered to enforce criminal laws.
When the California Department of Business Oversight was investigating the WCM777 scam in 2013, for instance, TelexFree’s name popped up in the context of the cross-promotion of MLM HYIP schemes.
This was months before it became known that the SEC and the U.S. Department of Homeland Security were investigating TelexFree, alleged to have gathered at least $1.6 billion in a combined pyramid- and Ponzi scheme.
Instead, the complaint alleged that TelexFree huckster Daniil Shoyfer was “the largest single Promoter” of TelexFree “in the greater New York area.” Web records showed that Shoyfer also was promoting MAPS alongside MAPS colleagues such as U.K. hucksters Simon Stepsys and Shaun Smith.
Willfully blind and supremely disingenuous MLM HYIP promoters moving from one cross-border fraud scheme to another has been a longtime problem. Such promoters may have little of their own money invested, but contribute to a condition under which banks and payment processors become warehouses for fraudulent proceeds cycling between and among scams.
New York is the financial center of the United States. The filing of the proposed TelexFree class action there contributed to questions about whether MAPS soon would be on the U.S. regulatory and enforcement radar.
The answer to that question remains unclear. What is clear is that the New York complaint was transferred to Massachusetts, the U.S. home base of TelexFree. And it’s also clear that Shoyfer has been named a defendant in an amended TelexFree class-action complaint filed April 30 in Massachusetts federal court.
Among the allegations against Shoyfer (italics added/light editing performed/formatting not precise):
TelexFree changed its compensation plan on or about March 9, 2014, much to the fury of affiliates, noted below. Shoyfer, however, continued to promote it unremittingly, sending group text messages to his network with such as the following:
Hey..my team Telexfree! ! And here we go again..Come to check out and learn about new compensation plan TF 2.0.. and how to grow it even faster and MUCH more aggressively and efficiently than the one we had before.…Here is this week’s schedule. . Monday 03/24 at Salon Delacqua (2027 86 str) at 8.00 pm (in English) ..Wednesday 03/26 at SOHO launch(2213 65th street) at 7.45 pm ( in Russian) and Thursday 03/27 at 7.30 pm at 63-112 Woodhaven Blvd in a real estate office. In my case, since I have started from absulute zero during this passed week Mon 03/17- Sun 03/23/14 I booked 11,500 from new one and 21,600 still coming from old plan..A total of 31,100 in 7 short days… Go Telex!!!
After the institution of the new TelexFree compensation plan in March 2014, Shoyfer took part in a closed meeting with TelexFree’s directors and owners in Marlborough, Massachusetts, at which Shoyfer was instructed not to discuss the new TelexFree compensation plan with others and non-insiders, as the new compensation plan was detrimental to Promoters and was adopted to forestall [TelexFree] filing bankruptcy.
So, a man who allegedly promoted TelexFree and had inside information detrimental to ordinary TelexFree affiliates allegedly kept it to himself, continued to promote the scheme — and then moved on to MAPS. This naturally leads to questions about whether Shoyfer has kept information from ordinary MAPS members.
Purpose Of The Amended TelexFree Class Action
The complaint is an effort to consolidate for the sake of efficiency various TelexFree-related class actions filed in various courts. Such actions were filed in multiple U.S. states.
But that’s not the only news: The amended complaint also names TelexFree pitchman Scott Miller a defendant alongside Shoyfer and HYIP huckster Faith Sloan. In documents prepared by Zeek receiver Kenneth D. Bell, Miller’s name appears as an alleged winner in the $897 million Zeek scheme.
In 2013, Miller promoted TelexFree through a publication known as Home Business Advertiser. Another advertiser promoted a cash-gifting scheme. A columnist described Jesus Christ as the person who inspired modern network marketers through his recruitment of 12 disciples.
A Semacon cash-counting machine appeared as a stage prop in a cash-gifting video advertised in Home Business Advertiser. The promos appeared after two women in Connecticut were sentenced to federal prison for their roles in a cash-gifting scheme and tax fraud.
Also named promoter-defendants in the amended TelexFree class action are Sanderley Rodrigues de Vasconcelos (Sann Rodrigues), a two-time SEC defendant in pyramid-scheme cases who allegedly also claimed his actions were inspired by a deity; Santiago de la Rosa; and Randy N. Crosby.
How the promoter-defendants will pay for their defenses in the amended class action is an open question. One of the risks of promoting such schemes is to be left totally on your own if the government or class-action attorneys file lawsuits.
Another open question is whether other shoes will drop in the government actions. The government probes are ongoing. Some of the class-action defendants conceivably could become defendants in amended or new actions filed by the SEC or agencies that have criminal enforcement power.
The amended TelexFree class action asserts fraud claims under Massachusetts law against a slew of defendants, including financial vendors and MLM attorney Gerald Nehra, also a figure in the the Zeek scheme and the AdSurfDaily Ponzi-scheme story. ASD was a $119 million Ponzi scheme broken up by the U.S. Secret Service in 2008. ASD operator Andy Bowdoin was sentenced to federal prison in 2012, after authorities tied him to at least two other cross-border fraud schemes: OneX and AdViewGlobal.
ASD’s name is referenced repeatedly in the amended TelexFree complaint, as is the name of Zeek. When the complaint will be heard is anyone’s guess. That’s because there are unresolved criminal matters against alleged TelexFree principals James Merrill and Carlos Wanzeler, both of whom are named defendants in the amended complaint and also are among the subjects of the SEC complaint.
Katia Wanzeler, Wanzeler’s wife, also is named a defendant in the amended complaint. So is TelexFree figure Joe Craft, another defendant in the SEC action. Brazilian TelexFree figure Carlos Costa also is named a defendant in the amended class action.
Also named a defendant in the amended class action is Jason “Jay” Borromei of Laguna Niguel, Calif. Along with a company known as Opt3, he is accused of “intentionally, knowingly, unfairly and deceptively set[ting] up TelexFree’s United States-based servers in Brazil with the intent of directly furthering, aiding or abetting their unlawful and fraudulent operation, including facilitating the placement of evidence of the Pyramid Scheme beyond the jurisdiction of the United States’ courts.”
With TelexFree itself in bankruptcy court, the class-action plaintiffs contend that “Opt3 and Borromei have a history of providing technical services within the multilevel marketing industry and hold themselves out as having related specialized knowledge. For example, Borromei previously served as chief information officer of Joystar, Inc., later renamed Travelstar, a multilevel marketing company that collapsed in approximately late 2008, and subsequently entered involuntary chapter 7 bankruptcy.”
Though not named a defendant in the amended class action, TelexFree and Zeek figure Tom More also is referenced in the 200-page complaint.
‘Private Jet’ Gets A Mention
On March 9, 2014, the PP Blog reported that a person who took the stage at a TelexFree rah-rah fest in Massachusetts asserted that TelexFree had access to a “private jet” that recently had ventured to the Dominican Republic and Haiti.
The “private jet” also was referenced in the class-action complaint. Details about it remain unclear.
At the moment, the April 30, 2015, amended and consolidated complaint is posted here at the website of class-action attorney Robert Bonsignore.
From a 2014 YouTube promo for iFreeX. Masking by PP Blog. In 2014, T-Mobile told the PP Blog that it was seeking to determine if IFreeX was misusing T-Mobile’s intellectual property.
The website of IFreeX.com is offline. The PP Blog could not immediately determine why. Visitors are seeing a GoDaddy.com page.
Google cache suggests IFreeX.com was online earlier today.
As part of its reporting, the PP Blog has reviewed certain documents pertaining to the criminal prosecution of TelexFree figures James Merrill and Carlos Wanzeler and documents pertaining to the immigration arrest of Rodrigues. The documents show that the same U.S. federal prosecutor is involved in both the Merrill/Wanzeler case and the immigration case involving Rodrigues.
At the same time, the documents show that the same Homeland Security Investigations (HSI) agent also is involved in both prosecutions. In addition to filing paperwork against Rodrigues in the immigration case, the agent filed paperwork that led to the 2014 arrest on a TelexFree-related material-witness warrant at JFK Airport in New York of Katia Wanzeler.
Katia is the wife of Carlos Wanzeler, who has been described by the United States as an international fugitive. Katia later was released. HSI, which conducted a TelexFree-related undercover operation beginning in 2013, is an arm of the U.S. Department of Homeland Security.
Merrill and Carlos Wanzeler were indicted in July 2014 on eight criminal counts of wire fraud and one criminal count of wire-fraud conspiracy. Earlier, in April 2014, Merrill, Carlos Wanzeler, Rodrigues and five others were charged civilly with fraud by the U.S. Securities and Exchange Commission.
TelexFree, which hawked a VOIP service, has been described in Bankruptcy Court filings by a court-appointed trustee as a cross-border pyramid scheme that gathered $1.8 billion in about two years.
Separately, BehindMLM.com is reporting in a story dated May 26 that a website known as 2PayNet also is offline. The site may be connected in some way with IFreeX.
Intellectual property rights theft is not a victimless crime. It threatens U.S. businesses and robs hard-working Americans of their jobs, which negatively impacts the economy. It can also pose serious health and safety risks to consumers, and oftentimes, it fuels global organized crime.
Sann Rodrigues. From a promo for the TelexFree international convention in Spain in 2014.
BULLETIN: (Updated 9:27 p.m. EDT U.S.A.) TelexFree and iFreeX figure Sann Rodrigues has been arrested in New Jersey, according to the Blog of Joaldro Dalla “Billy” Costa, citing a report on radio station WSRO 650 AM in Framingham, Mass.
Rodrigues — listed as Devasc Sanderley Rodrigues in online booking records and believed to be a native of Brazil who has lived in the U.S. states of Massachusetts and Florida — appears to have been arrested May 18.
On the same day, U.S. and Brazilian law-enforcement officials met in Washington, D.C. Whether the international talks and the arrest were a coincidence was not immediately clear.
The records suggest Rodrigues was detained at the Essex County Correctional Facility.
Billy’s story suggests the booking was immigration-related. The PP Blog could not immediately confirm the information.
No release date appears, suggesting Rodrigues, 43, still is being held. Information on bond and a specific charge was not posted.
Rodrigues was one of eight TelexFree figures charged civilly with securities fraud by the U.S. Securities and Exchange Commission. He is a recidivist securities violator, according to the SEC.
TelexFree, an alleged Ponzi- and pyramid scheme that may have gathered on the order of $1.8 billion in about two years, is under investigation by the SEC and the U.S. Department of Homeland Security. Alleged TelexFree operators James Merrill and Carlos Wanzeler have been charged criminally.
U.S. authorities have called Wanzeler an international fugitive perhaps living in Brazil.
On May 18, officials from U.S. Immigration and Customs Enforcement (ICE), an arm of the Department of Homeland Security, met in Washington with officials from the Brazilian National Police.
The officials “discussed the joint commitment to continued information-sharing and conducting investigations into child exploitation, financial fraud and human trafficking, among other topics,” according to an ICE news release dated May 21.
Billing records in the TelexFree bankruptcy case show that advisers to court-appointed Trustee Stephen B. Darr held an hour-long teleconference with McGuireWoods, counsel to Zeek Rewards’ receiver Kenneth D. Bell.
This appears to mark the first time that Zeek’s name has surfaced in TelexFree-related court matters. The two cross-border MLM/network-marketing fraud schemes allegedly gathered a combined sum approaching $3 billion. Each scheme operated for only about two years.
The conference took place on Nov. 6, 2014. Precisely what was discussed was not disclosed, although the records suggest Darr’s advisers were studying the claims form used in the Zeek Ponzi- and pyramid case. Participants included Mesirow Financial Consulting LLC and McGuireWoods.
Mesirow, which provides accounting and financial services, has assisted Darr in the mammoth job of reverse-engineering the alleged $1.8 billion TelexFree cross-border fraud scheme. McGuireWoods has provided litigation counsel to Bell, who has sued Zeek vendors and thousands of individual participants who allegedly profited from the $897 million cross-border scheme shut down by the SEC in August 2012.
McGuireWoods is not providing legal counsel to Darr. That duty has been undertaken by Murphy & King (M&K.) Still, there may be lessons to be learned from the Zeek litigation. On Nov. 7, 2014, a day after the conference, two of Darr’s advisers at Mesirow noted “research regarding MLM payment schemes and Zeek rewards” in billing records.
Such schemes raise the prospect of a black market and back-alley deals infecting the legitimate commerce stream. It has been a concern in the TelexFree, Zeek and ASD cases. The screen shot below is taken from Mesirow’s first interim application for payment for assisting Darr in his TelexFree probe.
Mesirow’s billings notes make several mentions of M&K, Darr’s legal counsel. One of them, dated Jan. 15, 2015, noted a discussion “regarding promoter to promoter payments.”
Billing notes by Mesirow say the firm analyzed “reports related to Colombian investigation” and that Mesirow is aware of a “Colombian creditor claiming $3MM.” In September 2014, the PP Blog reported that TelexFree President James Merrill claimed at a 2013 TelexFree event in California that Colombia “feared” network marketing.
The California TelexFree event may create a tie with Zeek, the Blog reported in April 2014.
In 2010, the U.S. government established ties between a Colombian MLM “program” known as D.M.G. Group to money-laundering in the United States to conceal narcotics profits.
As the PP Blog reported on Nov. 24, 2010 (italics added):
DMG’s membership ranks swelled to more than 400,000, with the scheme capturing hundreds of millions of dollars. The pyramid collapsed in 2008 — but not before [David] Murcia and others had set up an international money-laundering operation that routed narcotics proceeds through Mexico and concealed the criminality in real estate and other holdings in the United States, prosecutors said.
“The so-called ‘Bernie Madoff of Colombia’ now stands convicted of money-laundering in Manhattan federal court,” said U.S. Attorney Preet Bharara” [of the Southern District of New York].
TelexFree In Brazil
Mesirow’s billing notes also reference an ongoing investigation in Brazil into TelexFree activities through an affiliate known as Ympactus.
The shutdown by Brazilian authorities of Ympactus in the summer of 2013 “was the first of many indication that the Debtors were operating an unsustainable pyramid scheme,” Mesirow said.
It noted in the fee application that it has been in “regular contact” with U.S. government officials and “representatives of the Brazilian government.”
In its first billing, Mesirow said it has assisted Darr in recovering more than $17 million since the firm was formally appointed to assist the trustee on July 14, 2014. Mesirow is seeking about $1.6 million in fees for more than 2,962 hours of work, plus reimbursement of expenses of $20,942.
Read the Mesirow application and billing notes, which reference TelexFree figures such as Merrill, Carlos Wanzeler, Carlos Costa, accountant Joe Craft and MLM Attorney Gerald Nehra.
M&K, legal counsel to Darr, also has submitted a billing application with notes that reference Zeek Rewards. M&K, like Mesirow, joined with the trustee in July 2014. M&K is seeking more than $1.3 million, saying it has expended more than 2,784 hours. It also is seeking reimbursement of expenses of $36,116.
One M&K reference to Zeek mentions a “Review [of] Zeek Rewards settlement pleadings with net winners and insiders.” Another references a conference “regarding Zeek Rewards application to TelexFree case and practical implications.” Yet another references a “Review [of] Zeek Rewards docket re: how to treat inter-promoter activity.”
Still another note says this: “Research potential claims against Nehra.”
There are other Zeek references, plus references to other Ponzi cases.
URGENT >> BULLETIN >> MOVING: (6th Update 8 p.m. EDT U.S.A.) TelexFree Trustee Stephen B. Darr has sued MLM attorney Gerald Nehra and the Nehra and Waak law firm, alleging they were “actively involved” in promoting TelexFree’s Ponzi scheme and “duping” participants.
On April 20, the 
