MLM attorney Gerald Nehra at a TelexFree rah-rah event in California last year. Source: YouTube.
In case you missed the big news yesterday, TelexFree figures James Merrill and Carlos Wanzeler were charged criminally.
Unofficially this brings the number of charged MLM HYIP “programs” (or clients) with links to MLM attorney Gerald Nehra to three in recent years. Nehra was an “expert witness” for AdSurfDaily in 2008. He testified that ASD, a 1-percent-a-day “program,” was a legitimate business and not a Ponzi scheme.
ASD operator Andy Bowdoin, who compared the men and women who guard the President of the United States to “Satan” and the 9/11 terrorists and clucked that “God” * was on his side, later was charged criminally and sentenced to a lengthy term in federal prison.
Nehra was brought in for marquee value and as an adviser to Zeek Rewards, Zeek operator Paul Burks said in late 2011 or early 2012. Zeek executives Dawn Wright-Olivares and Daniel Olivares later were charged criminally. Zeek was a 1.5-percent-a-day “program.”
At some point in 2012 or 2013, Nehra began to advise TelexFree. TelexFree executive Steve Labriola, like Zeek’s Burks before him, also saw marquee value in Nehra, according to Labriola’s comments in a TelexFree promo on YouTube. Now, Merrill and Wanzeler face the prospect of jail. Because the investigation is ongoing, others may, too.
TelexFree’s bogus returns were not tied to sales of its VOIP product and computed to more than 200 percent a year, making the “program” a classic Ponzi- and pyramid swindle, according to court filings. Some promoters claimed $15,125 returned $57,200. One promoter allegedly told an undercover federal agent that he’d scored $1.6 million in TelexFree “without selling a TelexFree product.”
This is a column about willful blindness and feigned obtuseness. (Think Faith Sloan.) It’s also a column about missed signals, whether they’re missed purposely or otherwise. (Think: Why would TelexFree hire Nehra after ASD and Zeek — and why would Nehra ever accept the work, which was bound to lead to racketeering allegations? Put another way, if you’re at the scene of too many highly suspicious fires, you shouldn’t be surprised if serious people start to believe you’re the arsonist or the arsonist’s helper. Even assuming Nehra is no MLM arsonist or racketeer, accepting the TelexFree work potentially put him in the position of being extorted or otherwise abused by the trade’s arsonists and racketeers.)
Spot any common themes or information roadmaps in the quoted material below?
AdSurfDaily “is not” a Ponzi scheme. “It is a legally structured, direct selling business model with multilevel compensation.” — Gerald Nehra, MLM attorney, Aug. 18, 2008. (Context: Nehra’s submitted testimony as defense witness in civil forfeiture action in the $119 million AdSurfDaily MLM HYIP Ponzi case. **)
“[AdViewGlobal] is the next iteration of the Ponzi scheme auto-surf programs, which [are] staffed with former [AdSurfDaily] executives and Bowdoin disciples.” — Class-action attorneys suing AdSurfDaily operator Andy Bowdoin and AdSurfDaily attorney Robert Garner of North Carolina, June 30, 2009. (Context: Motion in member-filed lawsuit against Bowdoin and Garner that alleged RICO (racketeering) violations.)
“With all of our efforts to punish and deter this criminal enterprise, the rights of innocent parties are protected and will subsequently be returned.” — A.T. Smith, assistant director, U.S. Secret Service Office of Investigations, Sept. 26, 2011. (Context: Successful forfeiture actions and remission (restitution) in AdSurfDaily MLM HYIP Ponzi case.)
“We will continue to use every tool at our disposal to bring justice to the citizens defrauded by these insidious schemes.” — Assistant Attorney General Lanny A. Breuer, U.S. Department of Justice, Criminal Division, Sept. 26, 2011. (Context: Successful forfeiture actions and remission (restitution) in AdSurfDaily MLM HYIP Ponzi case.)
“Just having him on retainer and having him on our team, it goes a long way from keeping anybody from launching an attack. Because generally when Gerry Nehra is involved, the Feds know that he’s cleaned up the act really well.” — Paul Burks, Zeek Rewards operator, c. December 2011. (Context: Burks’ remarks to early Zeek members that MLM attorney Nehra was on board.)
“I am pleading guilty because I am in fact guilty of the offense(s) identified in this Plea Agreement.” — Andy Bowdoin, AdSurfDaily operator, May 2012. (Context: Plea agreement to wire fraud in which Bowdoin disagreed with MLM attorney Nehra and acknowledged AdSurfDaily was a Ponzi scheme.)
“Capitalizing on the strength of our financial task force partnerships, we aggressively pursue criminals using computer experts, forensic specialists, investigative experts and intelligence analysts.” — Dennis Ramos Martinez, special agent in charge, U.S. Secret Service Orlando Office, Aug. 29, 2012. (Context: Prison sentence imposed on AdSurfDaily operator Andy Bowdoin.)
“While [Gregory] 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.” — Office of U.S. Attorney Barbara L. McQuade, Eastern District of Michigan, September 2012. (Context: Sentencing memo against Gregory McKnight in Legisi $72 million HYIP swindle.)
“I’m not sure how many of you have heard the name ‘Gerry Nehra.’ But it is a very big name in this industry.” — Steve Labriola, TelexFree executive, Newport Beach, Calif., July 2013. (Context: Labriola introducing Nehra to TelexFree members at “Super Weekend” MLM rah-rah fest.)
“ZeekRewards used the enormous power of the Internet to rip off $850 million from hundreds of thousands of victims in less than two years. We will continue to work with our law enforcement partners to take down greedy scam artists who think nothing of stealing the savings of hard working people.” — U.S. Attorney Anne M. Tompkins, Western District of North Carolina, Dec. 20, 2013. (Context: The filing of criminal charges in the Zeek Rewards MLM/HYIP case.)
“The Massachusetts Securities Division charged TelexFREE Inc., with running a Ponzi scheme targeting Brazilian-Americans that has raised over $90 million from Massachusetts residents and around $1 billion globally.” — U.S. Department of Homeland Security,April 17, 2014. (Context: U.S. financial infrastructure protection. Sourced from DHS Daily Open Source Infrastructure Report.)
“At this [TelexFree] ‘super weekend’ event, Attorney Nehra spoke at length to attending investors, assuring them of the legality of TelexFree’s operation stating: ‘It is legally designed . . . you are on very solid legal ground.’” — Class-action attorneys, May 3, 2014. (Context: The filing of a prospective class-action against TelexFree and Nehra that alleged RICO (racketeering) violations.)
“Attorney Nehra’s extensive experience in multi-level marketing, and particularly his involvement with the Ponzi schemes involving AdSurfDaily and Zeek Rewards, armed him with the knowledge of what constitutes violations of United States securities law. Indeed, Attorney Nehra was well aware that the use of semantics and obscured phraseology to obfuscate securities laws fails to legitimize TelexFree’s illegal Pyramid Ponzi Scheme.” — Class-action attorneys, May 3, 2014. (Context: The filing of a prospective class-action against TelexFree and Nehra that alleged RICO (racketeering) violations.)
“Investigating the flow of illicit money across U.S. borders and the criminal enterprises behind that money is one of our top priorities.” — Bruce Foucart, special agent in charge, Homeland Security Investigations, May 9, 2014. (Context: Comment on the filing of criminal charges in the TelexFree Ponzi- and pyramid case.)
“As alleged, these defendants devised a scheme which reaped hundreds of millions of dollars from hard working people around the globe.” — U.S. Attorney Carmen Ortiz, District of Massachusetts,May 9, 2014. (Context: Comment on the filing of criminal charges in the TelexFree Ponzi- and pyramid case.)
* Like jailed AdSurfDaily operator Andy Bowdoin, TelexFree figure Carlos Costa contends God is on his side. While Bowdoin talked of “Satan,” one TelexFree promoter has called a prosecutor in Brazil a “blonde she-devil.”
** Two members of AdSurfDaily who went on to become members of Zeek Rewards liked Nehra’s opinion so much they used it in a failed lawsuit (2011) against the U.S. government. The members, Todd Disner and Dwight Owen Schweitzer, both are listed as “winners” in the $850 million Zeek Rewards’ scheme. Disner’s Zeek haul was alleged to be more than $1.875 million.
The Dispatch of Lexington, N.C., published a story June 7 to update readers on Zeek Rewards-related litigation — specifically the date of a hearing on a motion by certain Zeek members (alleged net winners) to dissolve the receivership. (See link to story/Comments below.) As of this morning, about 27 comments appear below the story. The comments appear to be from Zeek supporters. Zeek was based in Lexington.
Zeek, the SEC said in August 2012, was a $600 million Ponzi- and pyramid fraud that duped investors into believing they were receiving a legitimate return averaging about 1.5 percent a day. Zeek’s business model was similar to AdSurfDaily, a Florida-based Ponzi scheme that collapsed in 2008. Federal prosecutors said ASD had gathered about $119 million.
ASD became infamous not only for its purported payout of 1 percent a day, but also for the extremely strange behavior of some of its supporters. Curtis Richmond, one of the scheme’s cheerleaders, was a purported “sovereign” being once sued successfully under the federal racketeering statute for his role in various bizarre plots advanced by a purported “Indian” tribe in Utah known derisively as the “Arby’s Indians.” (The “tribe” once held a meeting in an Arby’s restaurant.) Among other things, the “tribe” issued arrest warrants for public officials and litigation opponents and used the address of a Utah doughnut shop as the address of its purported “Supreme Court.”
Richmond accused the judge presiding over the ASD case of dozens of felonies, saying she was guilty of “TREASON.” Moreover, Richmond claimed the judge’s supervising judge was conspiring with the judge to deny ASD members justice. For these claims (and more), Richmond was accorded the title of “hero” on the “Surf’s Up” forum, an ASD cheerleading site set up after the U.S. Secret Service raided ASD in August 2008. Among the Surf’s Up faithful was Terralynn Hoy, who later presided over at least one conference call for Zeek. (See this PP Blog Comments thread from June 2012. Props to GlimDropper of RealScam.com.)
Many highly peculiar narratives were advanced by ASD supporters. One of them held that the U.S. government took about $80 million seized in the ASD case and plowed it into a secret fund through which it almost immediately generated $1 billion in interest that the United States used to pay for black ops. Another held that all commerce is lawful as long as the parties agree that it is lawful, a position that would legalize slavery. Yet another held that the ASD judge was on the take and “brain dead” if she ruled against ASD. Still another held that undercover agents who joined ASD to get the lay of the land had a duty to inform ASD management.
On Surf’s Up, an ASD supporter claimed that a “militia” should storm Washington with guns. Another claimed a federal prosecutor should be placed in a medieval torture rack. Beyond that, a purported “prayer” was circulated that called for federal prosecutors to be struck dead.
Given that ASD operator Andy Bowdoin once described himself (from a stage in Las Vegas) as a Christian “money magnet” and later claimed that the Secret Service was “Satan” and compared the agency to the 9/11 terrorists who killed nearly 3,000 people in New York, Pennsylvania and Washington, it’s no surprise that it became next-to-impossible to keep track of all of the ASD conspiracy theories.
What is surprising is that any number of Zeekers seem willing to buy into the same sort of mind-numbing mind-set.
At The Dispatch site, apparent Zeek supporters are claiming that:
the “SEC messed us all up.”
the court-appointed receiver “should be on trial.”
“someone paid these guys off with MINIMAL evidence!”
“Gestapo/KGB/SS tactics” are being used against Zeek by people in the “Executive Branch.”
the government is “not allowing anyone to [grow] economically.”
Friends, a 1.5-percent-a-day “program” pushed on well-known fraud forums such as TalkGold and MoneyMakerGroup is a scam. Period. The SEC acted in the best interest of Zeek investors — and in the best interest of the people of the United States who are sick and tired of seeing their country used as a playground for HYIP scammers or worse. The security condition created by “programs” such as Zeek, Profitable Sunrise, JSSTripler/JustBeenPaid and others is untenable.
Kenneth D. Bell, the court-appointed receiver for Zeek, has been doing a commendable job amid extremely trying circumstances. (In terms of the number of victims, Zeek may be the largest Ponzi scheme in U.S. history.) Bell is a former federal prosecutor known for having once successfully prosecuted a Hezbollah terrorist cell operating in the United States. He was appointed by a federal judge who is a former Naval officer. Claiming Bell should be put on trial is pure idiocy. So is clinging to a belief that the government somehow has outlawed the growth of business in the United States.
No one got “paid off” to do anything against Zeek — and the evidence that Zeek had an insurmountable mountain of unfunded liabilities and was paying members with money from other members is overwhelming.
Claims about Gestapo, KGB and SS tactics also were made by ASD members. Dwight Owen Schweitzer, later of Zeek, sued the United States (with fellow ASD and Zeek member Todd Disner). Among other things, Schweitzer and Disner claimed they were “unaware of any remission payments having been made” through the government-sponsored restitution program — this despite the fact the government had returned tens of millions of dollars to ASD investors and had issued news releases repeatedly about the program.
For good measure, Schweitzer and Disner also claimed that undercover agents who joined ASD “should have reported their own violations of the ASD terms of service” to ASD management. The pair made this bizarre claim long after ASD lost in the District Court and in the U.S. Court of Appeals. Amazingly, the claim also was made after prosecutors pointed out that some ASD members were recruiting for ASD even though they knew it was a Ponzi scheme and that Andy Bowdoin’s silent partner in ASD was his sponsor in the 12DailyPro Ponzi scheme broken up by the SEC in February 2006 — months before ASD launched and years before Zeek launched.
So, if you’re inclined to call accused Ponzi schemer and Zeek operator Paul R. Burks a genius while ranting against the government, you are according that title to a man who appears to have learned nothing from the ASD and 12DailyPro (and Legisi and PhoenixSurf and CEP and Imperia Invest IBC) prosecutions. If you are unhappy that the government’s Zeek action froze money you were counting on — well, that’s understandable. At the same time, however, there is a good chance you don’t understand the context of your own unhappiness. Zeek and Burks are to blame, not the SEC and the receiver.
If you joined another Zeek-like “program” after the SEC action, the best that can be said is that you are slow to learn. The worst is that you are a budding “Ken Russo,” perhaps the most intransigent Ponzi-board scammer in the Western Hemisphere. Zeek member “Ken Russo” sells people into Ponzi misery for a fee.
Repeatedly.
What ASD and Zeek both appeared to be was a bid to dupe investors into believing that, if 12DailyPro’s return of 12 percent a day for 12 days for thousands of members was impossible, the “smaller” daily returns of ASD (1 percent) and Zeek (1.5 percent) for between 90 and 150 days for hundreds of thousands of members somehow were more plausible.
EDITOR’S NOTE: One way to read a report filed yesterday by the court-appointed receiver in the Zeek Rewards Ponzi-scheme case is as a warning manual that brings to life the kind of vexing problems HYIP schemes create for operators, vendors and participants — including “insiders.” Kenneth D. Bell’s report to Senior U.S. District Judge Graham C. Mullen of North Carolina strongly hints that the receivership has identified “key insiders.” Their names have not been published in court filings . . .
UPDATED 4 P.M. EDT (U.S.A.) Although early filings last year in the Zeek Rewards Ponzi scheme case suggested that offshore payment processors Alert Pay (Payza) and Solid Trust Pay held more than $40 million connected to Zeek, the court-appointed receiver has advised a federal judge that the two processors may hold even more than originally believed.
Both AlertPay and SolidTrustPay operate from Canada. Their names appear constantly in Ponzi-board promos for fraud schemes. The companies’ names also have appeared in court filings related to various HYIP schemes, including the alleged $72 million Pathway To Prosperity fraud in 2010 and the $119 million AdSurfDaily fraud in 2008.
In 2009, while the ASD case was still in the courts, some members of AdSurfDaily received mysterious “final refunds” from SolidTrustPay through an STP-connected email address of oceannamusic@xplornet.com. The purported pro rata refunds led to questions about whether some ASD members were benefiting at the expense of others while the case still was in the U.S. courts and whether ASD actually had money in SolidTrustPay under the name of a different company or a user other than President Andy Bowdoin. (See July 2009 post by PP Blog guest columnist Gregg Evans here.)
Later, an emerging scam known as JSSTripler/JustBeenPaid purportedly operated by former ASD pitchman Frederick Mann began to use the offshore processors — amid claims from JSS/JPB pitchmen that they not only were recruiting for JSS/JBP, but also managing both the JSS/JBP accounts of their sign-ups and the payment-processor accounts of the sign-ups.
Because HYIP schemes proliferate in part through the willful blindness of promoters and serial con artists, a situation has evolved over the years in which fraudulent proceeds circulate between and among scams and their individual promoters. “Alan Chapman,” a Zeek pitchman, also was promoting JSS/JPB and a follow-up scam known as “ProfitClicking,” for instance. Serial huckster “Ken Russo” also promoted Zeek and JSS/JBP — and many more schemes, including ASD and Profitable Sunrise, which the SEC described last month as a scam that may have gathered tens of millions of dollars.
But a new filing by Kenneth D. Bell, the Zeek receiver, suggests that the receivership may seek to foreclose any after-the-fact opportunities for offshore processors to duck their responsibilities to the receivership estate and for holders of the offshore accounts to benefit from Zeek after the SEC brought spectacular allegations of Ponzi- and pyramid fraud against Zeek in August 2012.
Zeek, the SEC said last year, was a $600 million fraud scheme that used at least 15 foreign and domestic financial institutions.
A forensic accounting has led Bell to believe that “both Payza and SolidTrustPay may have additional Receivership assets.”
In a report to Senior U.S. District Judge Graham C. Mullen, Bell said he is working “to investigate and seize these funds.”
And, Bell advised Mullen, “[t]o the extent these entities allowed affiliates to withdraw funds after receiving notice of the Receivership, the Receiver may seek reimbursement of indemnification for the funds from the payment service providers.”
If Bell somehow is able to foreclose chicanery involving serial Ponzi pitchmen and the scamming insiders with offshore accounts, it could go a long way toward minimizing the spread of fraud schemes over the Internet.
Bell’s April 30 filing also reveals that the receivership has recovered $291,000 from a “merchant services account reserve” that had been held by American Express for Rex Venture Group, Zeek’s parent company. At the same time, it reveals that Bell — to date — has recovered $36,000 from Zeek net winners in prelitigation settlements. That number may grow. The deadline to enter into negotiations for a prelitigation settlement is May 31.
More than anything, though, Bell’s report to the court showcases the enormous problems created by HYIP schemes. Among the problems outlined in the filing:
Potentially costly and time-consuming litigation disputes for all parties. Zeek operator Paul Burks is claiming privilege on certain matters. Some Zeek “winners” have filed motions that could slow down the refund process for Zeek victims at large.
Taxes: Zeek appears to have misclassified certain employees as independent contractors, which has tax ramifications.
Incomplete records. Because of poor records at Zeek, some members who received 1099 tax forms from the receivership received forms that showed earnings either higher or lower than actual earnings. The receivership has prepared amended 1099s for certain Zeek members.
Possible disputes with vendors. Bell’s report noted that USHBB Inc. asserted it was owed $878,856 by Zeek. USHBB produced video promos for Zeek. In September 2012, the PP Blog reported that Zeek once listed USHBB executive OH Brown as an employee. Meanwhile, USHBB once produced videos for a collapsed MLM scheme known as Narc That Car.)
Clawback litigation: In the absence of settlements, the receiver potentially could file actions that involve thousands of Zeek affiliates in possession of ill-gotten gains from the scheme.
BULLETIN: (2ND UPDATE 8:47 P.M. ET U.S.A.) The court-appointed receiver in the Zeek Rewards Ponzi-scheme case says he has located $12 million in receivership assets held in an unspecified “eastern European country” — but the funds have not been returned.
“This account is owned and was used by a payment processor outside the United States to provide funds to a foreign e-wallet that processed payments for ZeekRewards,” receiver Kenneth D. Bell said in court filings. “The Receiver previously caused the Freeze Order to be sent to the foreign financial institution which holds this account and demanded that the funds held in that account be turned over to the Receivership Estate. The foreign payment processor who owns this account was also sent the Freeze Order and a demand notice for the turnover of the funds in this account. However, neither the financial institution nor the foreign payment processor responded to the demands sent by the Receiver. Additionally, the Receiver has worked with the foreign e-wallet to seek to have these funds returned. While cooperative, the foreign e-wallet was unable to cause their customer to provide the funds held in this account to the Receiver.”
Bell also confirmed today that the U.S. Secret Service “continues to pursue” money related to Zeek. Meanwhile, he announced a “Final Liquidation Plan” and proposed claims process will be filed tomorrow in U.S. District Court for the Western District of North Carolina. Zeek was based in Lexington, N.C. Senior U.S. District Judge Graham C. Mullen is presiding over the Zeek case.
Massive Paper Chase Under Way
In August 2012, the SEC described Zeek as a $600 million Ponzi- and pyramid scheme. What has transpired since then speaks to the enormous logistical challenges law enforcement and court-appointed receivers may confront when a fraud scheme goes viral on the Internet and spreads globally.
Bell noted today that the receivership has communicated to “over 7,000 financial institutions” on the subject of cashier’s checks sent to Zeek by affiliates. Some affiliates also sought to fund their accounts with “certified checks, personal checks, bank money orders, and personal money orders.”
One of the earliest problems with marshaling assets was the sheer volume of instruments sent to Zeek, according to Bell’s filing.
“As of December 31, 2012, the Receiver presented over 140,000 financial instruments for deposit,” Bell said. “Many of these items were returned and not paid for various reasons. The Receiver Team is working with financial institutions to re-present instruments that were returned in error, and it is working to identify all instruments that were improperly returned.”
One Zeek vendor alone was in possession of 85,000 cashier’s checks and other instruments, Bell said.
“After reviewing these instruments, reviewing the records of the Receivership Defendant, communicating with [Zeek vendor Preferred Merchant Services] and working with a forensic accounting vendor, the Receiver Team was unable to definitively ascertain which instruments had already been processed and presented for payment by PM,” Bell said. “In order to maximize recovery to the Receivership Estate, the Receiver Team elected to present all of these instruments for payment. Approximately 34,000 of these instruments worth approximately $15 million were accepted and paid. Approximately 50,000 of these PM instruments were returned, which resulted in returned check fees of approximately $450,000.”
Bell negotiated to reduce the return charges by 25 percent, he said.
Beyond that, Bell said, “[t]he Receiver has been receiving numerous communications from financial institutions and Affiliate-Investors regarding cashier’s checks that have never been presented for payment,” adding that he is “unaware of any additional locations where cashier’s checks payable to the Receivership Defendant might be stored.”
The receiver “determined that he does not have rights under the Uniform Commercial Code or the Receiver Orders to claim an interest in cashier’s checks that were never received by the Receiver or the Receivership Defendant,” Bell said. “Therefore, the Receiver has taken the position that although any cashier’s check that is subsequently received by the Receiver is a Receivership Asset and will be deposited, financial institutions should consider any cashier’s check that has not been presented by the Receiver or the Receivership Defendant as having been lost, and may refund the remitters of such cashier’s checks without fear of liability to the Receiver.”
Crunching Numbers
Zeek’s database included 1.6 billion records, which are now being analyzed, Bell said.
“This analysis has taken longer than initially anticipated due to several issues: problematic transactions with questionable accuracy, the validity of database records, and the lack of available documentation (including look-up tables, database dictionaries, and source code documentation which are commonly used to understand the organization and function of a database’s components). In the absence of these tools, [receivership team member FTI Consulting Inc.] has been required to perform extensive testing of the data to validate the proposed calculations and to rely on disparate third-party sources, including Paul Burks, e-wallet vendors, financial institutions, and subpoena responses, for understanding the organization and function of the database components.”
Compounding matters, according to today’s filing, was the sheer number of Zeek participants, including participants who had multiple usernames.
“There are approximately 2.2 million unique users (“Affiliates” or “usernames”) in ZeekRewards,” Bell said. “The number of Affiliates does not reflect the number of unique individuals who participated in ZeekRewards, as it is likely that some individuals had more than one username. Approximately 1 million Affiliates paid money into the ZeekRewards Program . . .”
And, Bell noted today, “[a]t this time, the Receiver has identified over 800,000 net-loser usernames in the Receiver Defendant’s records.”
Taxing Matters
The section below is verbatim from the receiver’s filing today (italics added):
During the fourth quarter, the Receiver Team worked to determine which federal tax filings needed to be made with respect to income taxes, payments made to service providers, and payments made to Affiliate-Investors. The efforts were focused on the latter two issues because of the earlier filing deadline (January 31, 2013). The Receiver Team, including FTI, had discussions with RVG’s outside tax and accounting advisors to ascertain what had been filed for 2011 and earlier. After analyzing the issues, consulting with these various entities, and reviewing [Zeek operator Rex Venture Group LLC] ’s records, the Receiver Team determined that it would be necessary to file and issue 1099s to certain Affiliate-Investors and began the process of compiling the data necessary to issue the 1099s.
Since the receivership began in August, Bell said, it has been determined that “some individuals who RVG classified as ‘independent contractors,’ to whom it had issued 1099s, were misclassified pursuant to IRS regulations.
“Accordingly,” he continued, “the Receiver Team has reclassified them as employees and is issuing them W-2s. The Receiver Team will begin the process of identifying, misclassified employees, paying back taxes, and determining whether the Receivership Estate should pay any back wages owed to such employee as a result of RVG’s misclassification.”
Pursuing International ‘Winners’
Offshore members of Zeek expecting a free pass from the receivership may have to think again if they are classified as “winners.”
“The group of net-winners identified to date includes numerous individuals residing outside of the United States, with the largest foreign winners living mainly in countries with established legal systems which are signatories to the Hague Convention for international service of process,” Bell said. “While the pursuit of ‘clawback’ claims against these foreign net winners raises various service issues and other challenges, the Receiver intends to include these winners as parties to domestic litigation based on their contacts with the ZeekRewards Program in the United States so long as doing so will not delay the litigation against domestic winners. The Receiver will also pursue cost-effective foreign litigation to establish the repayment obligation and/or to collect judgments where necessary and appropriate.”
Claims Process
Bell said he will file with the court tomorrow “the proposed claims process” as part of a “Final Liquidation Plan.”
From Bell’s filing today (italics added):
The Receiver anticipates filing a motion seeking approval of the Claims Submission Process by the conclusion of the first quarter of 2013. The Claims Motion will seek (i) approval of the claims submission process, (ii) to establish the date by which claims must be filed against the Receivership Defendant (the “Bar Date”), and (iii) approval of the noticing procedures to be used in providing notice of the Bar Date and the claims submission process.
DISCLOSURE: Gregg Evans, a longtime member of the antiscam community, is a longtime PP Blog contributor. He was not compensated for this column, and his views are not necessarily the views of the PP Blog.
Whose Lawyer Is This Anyway?
By Gregg Evans
A group of Zeek Rewards’ affiliates claim they have retained SNR Denton to do, well, something about the SEC taking over Rex Venture Group, Zeek’s corporate parent. What they intend to do is a mystery at this time. You see, Rex Venture Group, and with it Zeek, is dead. Nothing left but the shell that is in possession of a court-appointed receiver.
There can be no resurrection here: Paul Burks, the previous owner has turned the company over voluntarily to the receiver and, under the terms of the consent judgment, he cannot change his mind, he cannot appeal, he cannot argue that he didn’t violate securities laws and he can’t reboot the company under a different entity.
Zeek is no more: All that’s left is to gather up all the money and distribute what’s left back to those that it was stolen from.
The first problem with this is that not all that was stolen can be recovered, a part of it is going to be spent in the effort to return it and not everyone lost, which means some people won. Fairness, and by the way the law, says that those winners should have to return not only their ill-gotten gains, but in fact they should also return part of their original investment so that they proportionately bear the same loss rate as everyone involved.
In short, if the average “investor” is only going to recover $30 of the $100 they sent in, why should someone who sent $10,000, and profited in the end, only have to return their net winnings? It’s only fair that they should in fact have to return all their profits, but also 70% of their contributions, so that they bear the same loss as everyone else. If you sent in $10,000 and didn’t take out a dime, I think you’ll see the logic there. If, on the other hand, you were among the early investors who made a sizable profit, you may think differently.
Zeek presented in online pitch as “Passive Income!” opportunity.
It was once claimed that some affiliates were “earning” over $1 million a month from Zeek. If you’re a big winner, you might be quietly hoping that the receiver isn’t going to try to get anything back from you and you might be thinking that if he does, you might be wise to get an attorney to do everything legally possible to prevent any of your “profits” being taken from you to be added to the pool of funds eventually refunded to the people who weren’t as lucky as you. Well and good. I don’t agree with you, but then again, I wasn’t getting a million dollars a month in Zeek “profit sharing.” You’re certainly entitled to the best legal talent you can pay for.
Ah, but you’re too greedy to even accept that. No, you’re not going to use your own money to get that very pricey legal team working to keep you from losing money in the Ponzi scheme like almost all the others, you want the losers to contribute to a fund to pay your lawyers.
That’s chutzpa, Sparky.
The names so far mentioned as being behind this legal effort are hardly innocents. Among them are some names very familiar to those of us who follow online investment frauds, Ponzi schemes and MLM hucksters. These are the big recruiters. They pimped this scam, flaunted the money they were raking in, money that was ultimately stolen from their own downlines. Now they’ve cranked up their downlines, incited the victims and are shouting from the Internet hills about the injustice of the evil government shutting down their favorite scam, because, after all, it was still paying.
Never mind the $3 billion deferred liability that Zeek Rewards had only $225 million to pay. Never mind that only 2% of Zeek’s revenue came from an actual business and that 98% of the money paid out in the end was coming from new money paid into the affiliates programs. (The very definition of a Ponzi scheme.)
I’d venture you’d be a little less admiring of Paul Burks if the SEC, Secret Service and North Carolina Attorney General had not investigated this scam and it had collapsed of its own weight a few weeks or days later than the SEC action. There were signs that Zeek was in fact about to implode in the very near future anyway. Had that happened I’d expect a few of you would be raising complaints as to why the authorities had let the scam continue when they knew about it and had been investigating it. (Search “CMKX Scam” for an example of that.)
But with apologies to Arlo Guthrie, that’s not what I’m here to talk about.
I’m here to talk about your lawyers, and how you’re trying to get the people whose stolen money you have, to pay lawyers so you don’t have to give any of that stolen money back. First, you’re asking people to send the money to you, not to the lawyers. Second, you’re telling them to please not call the lawyers.
This raises a few issues. To begin with, if the people involved lost money they can of course take advantage of the tax code to at least save on their taxes. They could also, if they retained counsel in relation to their business deduct that money, too. They cannot deduct any contribution they make to someone else’s legal bills.
In order for them to be able to say they paid a lawyer in relation to a business expense, the IRS is pretty insistent that they paid lawyers, not paid someone else who paid a lawyer, especially when the lawyer in question won’t even take your calls. I’m not an attorney myself but I’m pretty certain that some ethical rule somewhere says you have to take calls from your client. Which brings us to another thing:
Who is the client, and what is the client’s interest?
In a solicitation letter published on the Internet, the people soliciting donations say that the law firm will only communicate with 12 people. Forgive me if I take that to mean that only those 12 people are formally the clients represented, and that means that the attorney’s in question MUST represent those 12 people and ONLY those 12 people, and any interest any other people may have that is against the clients are by default adversarial.
So if, for instance, those 12 people were all net winners wishing to avoid a clawback action, hundreds of thousands of investors who lost would be the enemy, and by the tenets of the legal profession, said lawyers would be opposed to their interests in any conflict. There were early reports of over a million investors in Zeek Rewards. At a later news conference, the receiver said that number may well be over 2 million.
Mathematically speaking a Ponzi scheme results in at least 88% of participants who are net losers, a percentage that rises the longer a scheme continues, so of the 2 million, 1,760,000 people are likely net losers here. But these lawyers are only looking out for the 12, who I’ll bet are all net winners.
I’ll go out on a limb and say that all of them are big-time winners; at least one had a video posted showing off a new luxury home he implied was paid for with Zeek Reward profits. And they want the losers to pay for their lawyers, because after all, Zeek was still paying. There was over $225 million left in the till and if the evil government had just minded their business they could have gotten a pretty good chunk of that, too.
So, am I wrong? I’m talking now to the 12 people who are allowed to call the lawyer, and to the lawyer, too for that matter. I think this is rotten to the core, but prove me wrong. Make public the retainer agreement between whoever the clients are and SNR Denton.
If you’re good enough and shameless enough to get your victims to pay for your lawyers, good on you, but I think you owe it to the people you’re asking to pay for it to show them just exactly what they’re paying for, and whose interest is being represented here.
Oh, and since you’re telling people to pay you, and not the lawyers, and since that means they can’t deduct it on their taxes, I ‘d like to offer my own opinion that any money you get is regular income as far as the IRS is concerned, and you’d better report every penny of it as such.
Our assertion: Were he alive today and desperately needed cash, famed daredevil Karl Wallenda would find Zeek’s tightropes too dangerous to walk.
Purported MLM “expert” sent to woodshed: Zeek “consultant” and former SEC defendant Keith Laggos reportedly gets the Zeek boot after using phrases associated with the investment trade and after suggesting that gambling regulations could be used to derail the Zeek train in the near future.
Train wrecks and pom-poms: To his credit, MLMHelpDesk Blogger Troy Dooly reports the Laggos news and dubs an incendiary audio recording featuring Laggos into a Dooly-produced video. But known for his ability to find something “positive” in an MLM train wreck, Dooly goes on to suggest Laggos used Zeek-banned words because he was distracted and wasn’t concentrating. Dooly later declares that an examination into Zeek’s business practices by North Carolina Attorney General Roy Cooper is “exciting” news.
Only in Stepfordian MLM: Zeek cheerleading video with Dooly presented as centerpiece and Laggos presented as key answer man remains online, even after Zeek cans Laggos and Dooly questions the ethics of Laggos while at once making excuses for him.
Cluelessness: No guidance from Zeek on whether affiliates should avoid using the video when introducing Zeek.
More cluelessness: No guidance from Zeek on whether affiliates should continue to use marketing props published by Laggos’ Network Marketing Business Journal, a previous subject of gushing from Dooly.
Plan B: Laggos heralds Lyoness.
Stepfordian MLM vomit: Lyoness trades on name of former South Africa President Nelson Mandela, a recipient of the Nobel Peace Prize.
Why lots of people are fed up with Stepfordian MLM: As Lyoness uses an image of Mandela in a marketing campaign, AdSurfDaily’s Andy Bowdoin awaits sentencing in case in which ASD was accused of trading on the name of then-U.S. President George W. Bush to sanitize $110 million Ponzi scheme.
Whatever “works” is OK in Stepfordian MLM: As nascent penny-auction site and upstart Zeek competitor known as Bids That Give prepped for launch and positioned itself as a company that would aid charities for children, early promos traded on the name of the White House and Chelsea Clinton, the daughter of former President Bill Clinton and U.S. Secretary of State Hillary Clinton.
Oddities: Narc That Car/Data Network Affiliates/Phil Piccolo/Text Cash Network.
More . . .
** ______________________________ **
EDITOR’S NOTE: While performing a high-wire stunt in Puerto Rico in 1978, legendary daredevil Karl Wallenda fell to his death. He was 73, a risk-taker to the end.
UPDATED 11:39 P.M. EDT (AUG. 14, U.S.A.)
This is one of those “only in Stepfordian MLM” stories, a story that features not one, but two tightropes over a treacherously windy gorge Karl Wallenda would judge too dangerous to walk even if the daredevil business were in a sustained slump and he desperately needed cash. These are the tightropes over the Zeekler/Zeek Rewards Gorge, a man-made gulch in Lexington, N.C., potentially MLM’s next Quincy, Fla.
Quincy was the home of AdSurfDaily, a company that did an almost inconceivable amount of damage to MLM’s already-suffering reputation — first by creating an obvious, five-alarm Ponzi scheme and trying to disguise it as a “revenue-sharing” program and, later, by trying to “save” itself by comparing the U.S. Secret Service to “Satan” and the 9/11 terrorists.
Like the ASD story (and far too many MLM tales), the Zeek story is one that mixes the incongruous with the bizarre and only reinforces negative stereotypes about multilevel marketing.
Keith Laggos, a figurative tightrope-walker and purported MLM expert who once opined that AdSurfDaily’s 1-percent-a-day “program” was not a Ponzi scheme and later became a consultant whose image appeared repeatedly in a cheerleading video for the Zeek Rewards 1-percent-a-day-plus “program” after ASD was raided by the U.S. Secret Service in a Ponzi scheme case, is out, the company reportedly told Blogger Troy Dooly. (Link below.)
Laggos, though, appears not to have been fired for his ASD opinion. Indeed, Zeek may find comfort in that musing, which has been used by at least two ASD members (Todd Disner and Dwight Owen Schweitzer) who accused the U.S. government of presenting a “tissue of lies” to a federal judge when bringing the ASD Ponzi forfeiture case. Both of those ASD members also emerged as Zeek promoters. Curiously, the claim that the government had presented a “tissue of lies” was made longafter ASD had lost the case in both U.S. District Court and the U.S. Court of Appeals.
ASD and its apologists never were known for their impeccable timing. Neither was a 1-percent-a-day ASD knockoff known as AdViewGlobal (AVG), which incongruously announced a month after its February 2009 launch that its bank account had been “suspended” and that its CEO had resigned but would remain in the “accounting” department.
Two months later, AVG, which purported to operate from Uruguay while using U.S.-based Gmail to perform customer service, announced its banking problem had been solved by an offshore facilitator. AVG made this announcement on the same day the President of the United States announced a crackdown on offshore fraud. AVG was done weeks later. Before it exited the stage, it apparently thought it prudent to threaten to sue members who shared negative information and perhaps even have their Internet connections shut down.
Zeek is playing in this same bizarre field. Over the past couple of weeks, Dooly has ventured that Zeek might sue Randy Schroeder, an executive with the Mona Vie MLM company, for using words Zeek might find objectionable — “Ponzi” and “pyramid,” for example. And Dooly has suggested that a North Carolina credit union was risking a lawsuit from Zeek. Meanwhile, a Zeek critic known as “K. Chang” was informed by a purported Zeek “consultant” that Zeek might sue if its efforts to bring down “K. Chang’s’ site on HubPages.com failed.
Zeek now bizarrely claims that “all” criticism of Zeek has been unfair.
This claim was made just days after Zeek appears to have fired Laggos for casting his MLM line elsewhere while a Zeek “consultant” and while not sticking to the company line that Zeek does not constitute an investment opportunity. The other “program” is known as Lyoness, which Laggos has described as his “Plan B” and a “Plan B” for current Zeek members.
MLM ‘Mo’
To hear Laggos tell it on tape, the MLM business is the “momentum” business. One of the ways to maintain the momentum is to move certain banking operations offshore, say, to places such as Hong Kong. Laggos helped Zeek do that, according to Laggos. But Zeek might lose the mo and might not be far enough away to neutralize the regulators, he speculated.
No matter, Laggos ventured. There’s always another company with mo.
“Since last November, Zeekler has had the momentum,’ Laggos intoned in a recording now playing on Dooly’s Blog as part of a YouTube video and report on the sudden sacking of Laggos. “I believe they are going to lose the momentum shortly . . . The company now that’s gaining momentum — and I think it will be the momentum company over the next six months or a year — is Lyoness. And I’m suggesting that a lot of you guys consider Lyoness as your Plan B company now. Stay working with Zeekler. Keep promoting it. Don’t cross-sponsor it, but build a second income. Now, what’s nice about an ideal Plan B company is you would be able to work passively. Lyoness is that kind of company.”
In HYIP-speak, the word “passively” is code that tells participants that they won’t have to do much or anything at all to pile up cash (a/k/a “passive earnings”) by the boatload if they send in enough cash at the beginning of a scheme. Zeek is afraid of that word because it’s the type of word that can cause the SEC to come knocking. Lots of MLM scams that rely on willfully blind promoters to gain a head of steam use it in the early stages. When things get too hot, they try to take it off the table. The reason they try to take it off the table — sometimes by threatening affiliates — is it can lead to civil and criminal charges, seizures of bank accounts and investigations by multiple agencies.
Mixing the language of investments with references to Plan B didn’t do Zeek any favors, to be sure. Another thing that didn’t do Zeek any favors was Laggos’ reference to Zeek becoming the “momentum” company “last November.” In late September of 2011, the U.S. government released about $55 million in remissions payments to victims of the ASD Ponzi scheme.
This leads to questions such as these: How much of Zeek’s “momentum” was fueled by funds originally seized in the ASD Ponzi case and returned to victims in the form of remissions payments? How many ASD members turned around and plowed what effectively was their crime-victim compensation into Zeek, another 1-percent-a-day scheme? Why did Zeek promoters and former ASD members Disner and Schweitzer wait until November 2011 — the same month Laggos now says Zeek became the “momentum” company — to file their ASD-related lawsuit against the government and to present a federal judge an opinion from Laggos that ASD was not a Ponzi scheme?
“Plan B,” also known as “Don’t put all your eggs in one basket,” has a long and sordid history in HYIP Ponzi Land. AVG, for instance, was a de facto Plan B company set up after ASD, the Plan A company, got raided by the U.S. Secret Service on the Tuesday after the previous Friday’s seizure (Aug. 1, 2008) of ASD bank accounts. Lots of ASD members deluded themselves into believing that official company line that God was on ASD’s side. Some of ASD’s earliest post-seizure apologists told the troops that the seizure was a good thing because it would provide the government an opportunity to see how lawful and wholesome ASD truly was, that the government did not understand the business model and had made a monumental mistake.
The MLM vultures, though, had a slightly different take. In case the government didn’t see the ASD light, they speculated, ASD members could join other autosurfs, HYIPs and cash-gifting schemes. These Plan B schemes would enable ASD losses to be made up elsewhere. “Offshore” programs were positioned as the best.
Among the tips Laggos provided to listeners of the Lyoness conference call was this: “Don’t put no more than 70 percent back in [Zeek]. Take out 20 or 30 percent [on] a daily basis. [Unintelligible.] This would be a good place. But, by the same token, if you put $10,000 in Zeekler, if nothing happens over the next year, you’ll probably make $30,000 or $40,000, if that’s all you do without building the front end, the matrix . . . The same amount of money in Lyoness, you’re looking . . . and not doing anything else, without single sponsoring . . . you can probably make a quarter-million dollars.”
The threat to Zeek, according to Laggos, is the FTC and how U.S. gambling regulations could be applied to penny-auctions such as its Zeekler arm. His words on the tape suggest he is confident that Zeek has sufficient cover to ward off a Ponzi/securities investigation. But even as he’s suggesting Zeek has the securities angle covered, he’s using the language of investments.
We wonder: Can MLM really have sunk to these deplorable depths?
But it gets even worse.
Laggos then suggested Lyoness could be used as a hedge in case the FTC acted against Zeek.
“If I’m wrong about what’s gonna happen with the penny auctions — and if you look at my career, I haven’t been wrong often — then the worst-case scenario is we screwed up and we made two incomes . . . We’re making two great incomes with two great companies.”
Dooly, whom to date hasn’t found Zeek’s various claims altogether too much, now has decided that Laggos crossed the altogether-too-much line when he harrumphed for Lyoness and used certain words Zeek finds offensive.
While the featured speaker on the Lyoness call last month with Zeek members listening in, Laggos spoke about Zeek in “several” ways that were “way out of compliance,” Dooly ventured in his video report running on YouTube.
Laggos “talks about putting money into the game,” Dooly reports. “I mean, this is bad right here. You can’t put money in. OK? You either join the company and you’re buying memberships, you’re buying bids. But for Keith to be talking like this was an investment-type deal. This is just . . . and we all fall prey to this. But this is why you shouldn’t be doing public calls when you’re under fire and you’re not paying attention to what you say. And you can hear in Keith’s case — the phone [is] ringing, his assistant [is] coming in to talk to him, his mind is not in the game the way it should be. And that is just . . . it’s sad right now ’cause he’s no longer with [Zeek] . . .”
In short, according to Dooly, Laggos’ big sin was painting Zeek as an investment program in contravention of the Rules Of Zeek.
Not sticking to the script, however, is hardly an original sin within the Zeek sphere. In 2011, while speaking during a conference call to raise money for the Disner/Schweitzer ASD-related lawsuit against the government, Schweitzer, a one-time lawyer whose license was suspended in Connecticut, said he’d invested in ASD. Nevertheless, Disner and Schweitzer later presented a federal judge Laggos’ opinion that ASD was not a Ponzi scheme and that providing money to ASD did not constitute making an investment.
Nobel Peace Prize Used As MLM Stage Prop
Lyoness is an MLM company eager to let its participants and prospects know that it is building a school in the hometown of Nelson Mandela and that a Lyoness team recently was invited to the 1993 Nobel Peace Prize-winner’s home. It even publishes a picture to prove it and notes that a Mandela grandson is a Lyoness rep.
Back in the United States, meanwhile, former ASD President Andy Bowdoin will find out Aug. 29 how long he’ll spend in federal prison. Zeek’s business model and disclaimer language strongly resemble that of ASD, which the U.S. Secret Service described as a “criminal enterprise” that relied on linguistic sleight-of-hand to draft tens of thousands of people into an electronic Ponzi scheme. ASD traded on the name of then-U.S. President George W. Bush, in effect using the White House to sanitize a massive international fraud caper.
Welcome to the Highwire Wing of MLM.
While all of this is going on, a nascent penny-auction “program” and upstart Zeek competitor that claims it exists to elevate children out of poverty is getting ready to unleash itself on the consuming public.
That “program” is known as Bids That Give. One prelaunch promo claimed that a founding affiliate was an SEO expert once hired by a candidate for the U.S. Presidency. The first three minutes of the promo did not even reference Bids That Give. Instead, it dropped names linked to the White House, including the name of former First Daughter Chelsea Clinton and Doug Read, an adviser to two U.S. Presidents. For good measure, the promo dropped the name of NBC News anchor Lester Holt.
The most vomitous MLM “programs” are infamous for dropping names. It is typically the case that the individuals whose names are dropped have no affiliation whatsoever with the “program.” But name-dropping and brand leeching have proven to work time after time in MLM scheme after MLM scheme. (See screenshot.)
Did Mark Zuckerberg REALLY endorse JSS Tripler/JustBeenPaid. According to this Blog, the answer is yes. Facebook did not respond to a request for comment from the PP Blog last year on claims that Zuckerberg had endorsed JSS/JPB, which purports to provide a return of 60 percent a month.
MLM And Wordplay
In 2009, ASD’s Bowdoin was sued by some members of his own company under the federal racketeteering (RICO) statute. Looking at it another way, the ASD members came to believe that ASD was a criminal enterprise with a plan to expand while coming up with new and better ways to steal.
Because veteran MLM huckster Bowdoin also was a veteran securities swindler who’d been charged at the state level with fraud in at least three Alabama counties before launching Florida-based ASD in 2006, federal prosecutors said, Bowdoin tried to avoid the use of the language of investments as a means of keeping the 1-percent-a-day ASD scheme under the radar.
The linguistic cover Bowdoin chose — a cover the Feds stripped bare — was that ASD was an “advertising” company with a “revenue sharing” program, not an investment company selling “securities.”
Bowdoin tried to create additional cover by saying payouts were not guaranteed, according to federal court filings.
Now, four years after the ASD raid, Zeek is using the same type of disclaimer language and members are getting the same sort of instructions on what words to avoid.
Federal investigators became wise to this type of linguistic charade long ago. The charade was outlined in the 2010 criminal indictment against Bowdoin. The indictment quoted Bowdoin himself laying out the linguistic plot to hide the true nature of the 1-percent-a-day ASD program and keep the government at bay (italics added):
“[L]et’s don’t (sic) use the words investment and returns. Instead, lets (sic) use ad sales and surfing commissions. The Attorney Generals in the U.S. don’t like for us to use these words in our program.”
Wordplay to mask an investment scheme also was referenced repeatedly in the forfeiture complaints against more than $80 million in ASD-related bank accounts (italics added):
“The [undercover agent] asked her about investing with ASD. She immediately said, ‘Don’t call it investing, you know what I mean, we can get in trouble if we say that, we have to be careful.” — Source: Federal forfeiture complaint, Aug. 5, 2008.
Only In MLM La-La Land
To be sure, the departure from Zeek of Laggos is a big story. But it’s not the biggest story. The biggest story is that the Paul Burks-led company already was walking a tightrope when it hired the tightrope-walking Laggos and now has cut his rope, casting him into the gorge without informing the membership at large and without pulling the tightrope-walking promotional material that references Laggos or was produced by his publishing company.
Some of that promo material features tightrope-walking Dooly, who’s now questioning the ethics of tightrope-walking Laggos.
How strange is the latest PR disaster to rock Zeekland? So strange it almost defies description.
As noted above, news of the Laggos departure was delivered by Zeek-friendly Blogger Dooly. And the news was delivered even as images of Dooly appeared online as a centerpiece in the same cheerleading video that features images of Laggos as centerpieces. The video largely consists of still photos taken at a Zeek “Red Carpet Day” event in Clemmons, N.C., on June 13. Incredibly, the video continues to appear online, despite the sudden and unexpected departure of Laggos last month.
On Aug. 4, Zeek used its Blog to accuse unspecified “North Carolina Credit Unions” of slander for expressing concerns to customers about Zeek. The post implied Zeek members who didn’t toe the company line would be penalized. Such members were “violators” of company policy, the firm said.
But Zeek has not addresed the Laggos issue on its Blog. Nor has it provided any guidance on whether members should stop using the Zeek cheerleading video that features both Laggos and Dooly, along with Zeek staffers, executives and members who showed up at the June 13 event in Clemmons. The Laggos-produced written materials also are out there, with no guidance from Zeek about whether members should continue to use them or to rely on them in any way.
Like ASD, Zeek plants the seed that participants will earn a return that corresponds to an annual return in the hundreds of percent but insists it is not offering an investment. The office of North Carolina Attorney General Roy Cooper said last week that it had asked Zeek to produce “documents” as part of an “examination” of its business practices. Dooly described that development as “exciting.”
Zeek is making MLM look ridiculous. Troy Dooly is making it look sillier yet. He should not be “covering” a company that is trading off his credibility as an MLM advocate to sell itself. Dooly now is questioning the ethics of Laggos even as Dooly permits Zeek to use his image in marketing promos that also feature images of Laggos.
Prior to opining that ASD was not a Ponzi scheme — only to be one-upped later by Bowdoin, who said that it was when entering a guilty plea to wire fraud in May 2012 — Laggos agreed to settle a 2004 case with the SEC that alleged he issued laudatory press releases and a laudatory article for a company that later become the subject of a securities investigation without disclosing he was being compensated for touting the purported opportunity.
Laggos neither admitted nor denied the SEC’s allegations, which involved a company known as Converge Global Inc. and a subsidiary known as TeleWrx Inc. The future Zeek consultant settled the SEC case by disgorging nearly $12,000, paying interest of nearly $2,000, paying a civil fine of $19,500 and agreeing to a five-year penny-stock ban.
In April, Network Marketing Business Journal, which lists Laggos as its president, published a laudatory article on Zeek. Dooly memorialized the article’s publication by publishing a special Sunday story about it on Dooly’s MLMHelpDesk. He memorialized it further by producing a gushing video in which he described Laggos as “my good friend and mentor.”
“He is breaking a story here that I thought was amazing,” Dooly said of the NMBJ Zeek article, which gushed that Zeek has a 25 to 1 customer to rep ratio. The claim is important because, if true, it could take Ponzi and pyramid concerns out of play. Some Zeek critics doubt that it’s true.
In April, Dooly noted that NMBJ was one of his favorite publications and that he picked it up on that particular Sunday while relaxing near his pool over a cup of tea.
But now — less than four months after Dooly’s April 15 gushing story and video on NMBJ’s gushing story about Zeek and less than two months after images of both Dooly and Laggos appeared in the Zeek video in which Zeek gushed about itself — Laggos is out at Zeek.
“Breaking MLM News: Zeek Rewards Officially Parts Ways With Dr Keith Laggos After Recorded Call Goes Public,” Dooly advised readers in a headline.
The precise reasons for the departure of Laggos remain unclear. Also unclear is whether Laggos will retain a reported Zeek downline of about 4,500 members that he apparently was managing while at once being a paid Zeek consultant.
Produced by USHBB Inc., which once produced videos for the bizarre (and failed) Narc That Car license-plate recording scheme that claimed some affiliates were out-earning the President of the United States, the Zeek video heralding Laggos, Dooly and others shows Dooly mugging with Zeek executive Dawn Wright-Olivares and Laggos posing with Peter Mingils. The last names of both Laggos and Mingils are misspelled in the USHBB video.
Like Dooly, Mingils is a board member of the Association of Network Marketing Professionals. He’s also Zeek’s Training & Incentives Coordinator and is “rockin’ the Certified Trainers course curriculum,” according to Zeek.
Zeek, which at one time listed USHBB executive OH Brown as a Zeek employee, now says Brown is “banging out video after video.”
Some of the backstory surrounding the failed Narc That Car scheme is remarkably similar to the Zeek scheme. In addition to the presence of USHBB, Narc and Rex Venture LLC, Zeek’s purported parent company, both have scored the Better Business Bureau’s lowest rating: “F.”
Affiliates of both Narc and Zeek, meanwhile, have sought to turn attention away from the core issues surrounding both Narc and Zeek by suggesting that the BBB is a fraud.
But perhaps most compellingly, the now-failed Narc scheme once did at least part of its banking at NewBridge Bank, one of the banks that Zeek used before mysteriously announcing on Memorial Day that it was ending its relationship with NewBridge. Narc was based in Texas. How it ended up banking at NewBridge is unclear.
What is clear is that Narc was a pyramid scheme that planted the seed it existed to help the U.S. AMBER Alert system for locating abducted children and traded on imagery of the White House. Both the U.S. Department of Justice and the National Center For Missing and Exploited Children, which administers part of the AMBER Alert program, confirmed to the PP Blog more than two years ago that they had no affiliation with Narc.
A Narc Knockoff With Phil Piccolo As Background Player
Narc appears to have inspired a knockoff MLM scheme known as Data Network Affiliates, which was linked to longtime MLM huckster Phil Piccolo. In late 2011, DNA’s website — and the website of another a Piccolo-linked “program” known as OWOW — were used to drive traffic to an emerging MLM scheme known as TextCashNetwork (TCN).
In December 2011, the PP Blog reported that TCN had used the name of Rex Venture Group on its website in the context of a purported “ASSIGNMENT” clause. The Rex Venture reference later mysteriously went missing from the TCN site, a circumstance that could cause investigators to question Rex Venture about whether it was aware that its name appeared on the TCN site and whether it had any business relationship with TCN.
If this is modern MLM, MLM is in a lot of trouble. Karl Wallenda, who built a magical name in the daredevil business and made a career out of taking risks, wouldn’t do Zeek.
“It’s gonna blow up; it’s gonna be an ugly blow-up. It’ll probably happen sooner, not later. And it will leave a trail of devastation behind it. And I urge you to not even consider them.” — Comment on Zeek Rewards by Randy Schroeder, president of North America and Europe for Mona Vie, July 16, 2012
Randy Schroeder
UPDATED 7:10 P.M. EDT (U.S.A.) Randy Schroeder, the president of Mona Vie for North America and Europe, has done what few major figures in multilevel marketing have been willing to do: comment about the menace posed by the Zeek Rewards MLM program.
It was a most unexpected and welcome development, something that speaks well of both Schroeder and Mona Vie. But some Zeek apologists immediately (and predictably) accused Schroeder of meddling in North Carolina-based Zeek’s affairs and defaming the company, which suddenly announced on Memorial Day evening (May 28) that it was closing accounts at two U.S. banks and mysteriously claimed that affiliates had to cash or deposit checks drawn on the banks before June 1 or they would bounce.
Just 22 days earlier — on May 6 — Ponzi-forum huckster “DRdave,” also known as “Ken Russo,” claimed on the TalkGold Ponzi forum that he’d received $34,735 from Zeek since Nov. 14, 2011. The Zeek money, according to the post, was delivered largely if not wholly by AlertPay and SolidTrustPay. Both companies are offshore payment-processing firms linked to fraud scheme after fraud scheme promoted online.
Hucksters such as “Ken Russo” and myriad others use “I Got Paid” posts on the Ponzi forums as a means of creating the appearance a scheme is legitimate. Included in “Ken Russo’s” signature at TalkGold today is a link to a “program” known as “NewGNI,” which purports to pay “up to 6% weekly.”
"Ken Russo," as "DRdave," brags on the TalkGold Ponzi forum about a purported Zeek payout of $2,164.80 from Rex Venture Group LLC while pitching an emerging HYIP known as "NewGNI."
GNI may be a knockoff scam to the collapsed Gold Nugget Invest HYIP Ponzi, which also used the acronym GNI while purporting to pay a Zeek-like 7.5 percent a week. The government of Belize issued a warning about GNI in November 2009. In December 2009 — after the GNI warning by Belize — the “program” nevertheless was pitched (with three others HYIPs) by a member of the “Surf’s Up” forum, which existed to shill for accused AdSurfDaily Ponzi schemer Andy Bowdoin.
Any number of Zeek affiliates, including individuals Zeek has described as “empoyees,” hail from the ranks of ASD’s $110 million Ponzi scheme and various other interconnected fraud schemes. Some Zeek affiliates, for example, also are promoting JSSTripler/JustBeenPaid, which purports to pay 2 percent a day and may have ties to the “sovereign citizens” movement.
Zeek promoters also have been associated with a “program” known as OneX, which U.S. federal prosecutors described in April as a “fraudulent scheme” and pyramid cycling money in ASD-like fashion.
In addition to pushing Zeek, ASD, the NewGNI knockoff and a JSS/JBP knockoff known as JSS Tripler 2 that hatched a companion fraud scheme known as Compound150, “Ken Russo” pushed Club Asteria, which purported to provide a Zeek-like payout of between 3 percent and 8 percent a week before promoters came under the lens of CONSOB, the Italian securities regulator.
Amid these ruinous circumstances that are creating monumentally bizarre PR and legal disasters for the MLM trade, what did certain purported MLM experts do?
Why, boo Mona Vie’s Schroeder, of course — for the apparent high crime of trying to protect his own company and affiliates from these interconnected, international cancers.
Here is hoping that other influential MLM executives and trade groups follow Schroeder’s lead, including the Association of Network Marketing Professionals. Its name is being used to sanitize the Zeek scheme — and if it continues to permit that to happen, it risks a future in the dust bin of irrelevance.
While we’re speaking of hope, here’s hoping that Mona Vie will not shy away from Schroeder’s Zeek comments and actually will join him in the remarks, which he says were made as a concerned individual, not as a Mona Vie executive. Mona Vie should back Schroeder to the hilt.
A ‘Messy Fact’
It’s a “messy fact that periodically a company comes along and sweeps people along into a trail that turns into a trail of devastation,” Schroeder said about Zeek Rewards during a July 16 conference call with Mona Vie distributors.
Schroeder, of course, was alluding to Zeek’s AdSurfDaily-like business model that solicits participants to shell out sums up to $10,000, offers a dubious “product” (or a “product” that is just lipstick on a pig), plants the seed that spectacular returns on the order of 500 percent a year are possible and insists participants who buy into the scheme are neither making an investment nor purchasing a security.
“My own opinion is that that company will come to grief, that it will come to grief in the relatively near future, not farther future,” Schroeder said of Zeek.
If history is any guide — and Schroeder, with considerable justification, suggests that it is — Zeek will encounter a regulatory action that will cause it to crater.
But those words and others — including the use by Schroeder of “pyramid” and “Ponzi” in the context of Zeek — did not sit well with MLM Blogger Troy Dooly. (See PP Blog June 10 editorial.)
Dooly Takes Schroeder To The Woodshed
Dooly wrote Thursday that he “started getting the links and downloads of Randy Schroeder’s call” on July 18, took some time to digest the call and to shoot off a text message to MonaVie founder Dallin Larsen about Dooly’s “concerns” about Schroeder’s remarks.
And then Dooly ventured that Rex Venture Group LLC, the purported parent company of Zeek, just might sue Schroeder and perhaps MonaVie itself. Dooly wrote (italics added):
As the leader of a billion dollar multi-national health and nutrition company in the network marketing community, Schroeder should be very careful what he has to say about any other company. Although he made it clear he was not speaking on behalf of MonaVie, as an officer of the company, he places the company and their distributors in jeopardy if Rex Venture Group LLC were to file some form of civil action.
Good grief. The world is facing the greatest white-collar fraud epidemic in history, much of the money is routed through murky businesses and shell companies with accounts at offshore payment processors such as AlertPay and SolidTrustPay and banks that are asleep at the switch because staying awake is bad for fee revenues, many of the corrupt “programs” use MLM or an MLM-like component — and Troy Dooly, apparently with a straight face, is telling Randy Schroeder that he’d better tread lightly on Paul Burks because Zeek just might sue.
In the same column in which he bizarrely took Schroeder to the woodshed for holding a view about Zeek that is wholly responsible and serves the best interest of the MLM community moving forward, Dooly equally bizarrely extended an olive branch to the subject of his fresh scorn. Indeed, Dooly suggested a bunch of legal messiness could be avoided if Schroeder and Dallin Larsen saddled up Mona Vie’s corporate jet and deposited themselves in North Carolina at Zeek’s next Red Carpet event.
While ensconced in North Carolina as Dooly’s guest, they could hear Zeek boss Paul Burks deliver the good word about the company and could get some extra education from the Zeek “team.”
Dooly wrote (italics added):
I challenge Randy and Dallin to take the corporate jet and travel to N.C. next week as my guests to the Red Carpet Day event. I will introduce you to Paul Burks, and his team and let you better understand their drive and mission for the company.
Dooly did not say whether Burks and Zeek would make their Ponzi-board team available to educate the Mona Vie executives on Zeek’s drive and mission. Nor did he say whether Zeek would make “Ken Russo” available to explain the differences between Zeek and, say, NewGNI or Club Asteria or JSS Tripler 2.
We sincerely hope Schroeder and Larsen decline Dooly’s offer to parachute into North Carolina to break bread with the Zeek pope and the “team.”
Dooly is engaging in pandering of the worst sort. It’s also caustically amateur PR because it raises the specter that an aggrieved Zeek might use legal muscle to silence Schroeder, who, like Larsen, is a prominent figure in MLM circles. Zeek’s Stepfordian cheerleaders will love it, of course, because it gives them a new supply of red meat and raises the prospect that, if Schroeder speaks his mind against Zeek and gets sued, the Bloggers and critics may be next.
History An Appropriate Guide
Intimidation campaigns did not work for AdSurfDaily; they will not work for Zeek, either directly or through proxies. Beyond that, Schroeder has the weight of history on his side: the notoriousness of the ASD Ponzi case, Andy Bowdoin’s guilty plea in that case and the guilty plea of Gregory McKnight in the Legisi HYIP Ponzi case. Of course, Schroeder also could point that accused Pathway To Prosperity HYIP operator Nicholas Smirnow is listed as an international fugitive wanted by INTERPOL. And Schroeder also could point out that Robert Hodgins, an accused international money-launderer for narcotics-traffickers, also has been linked to the HYIP “industry” and also is wanted by INTERPOL.
Just days ago, a federal grand jury returned a 49-count indictment against alleged HYIP purveyor Terrance Osberger, 48, of Genoa, Ohio. In March, a top U.S. Department of Justice official speaking in Mexico City commented on some of the challenges law enforcement is facing in the Internet Age, including bogus libel lawsuits filed to silence critics and protect ventures that engage in organized crime. In May, a top INTERPOL official speaking in Israel said the cost of cybercrime was approaching $1 trillion a year in Europe and that U.S. banks lost $12 billion to cybercrime last year.
Regardless, we have to concede that Zeek/Rex Venture might be stupid enough to try to score points by suing Schroeder and MonaVie. Back in 2008, then-closeted Ponzi schemer Andy Bowdoin of ASD planted the seed that he might just sue “MLM Watchdog” Rod Cook for $40 million. Bowdoin even announced that he’d filled a pot with $750,000 and was going to use it to start suing critics of his 1-percent-a-day “program” back to the Stone Age.
Cook, who is a board member of ANMP and holds the title of chairman emeritus, didn’t blink.
When the Feds noticed the lawsuit threats, they thought them important enough to bring to the attention of a federal judge. They simply called it “GOVERNMENT EXHIBIT 5.”
On Aug. 5, 2008, the U.S. Secret Service raided ASD. What occurred after that from the ASD side left an indelible stain on MLM. Bowdoin compared federal prosecutors and the Secret Service, the agency that guards the life of the President of the United States and has the companion duty of protecting the U.S. financial system from attack, to “Satan.” He further compared the raid to the 9/11 terrorist attacks.
Over time, the ASD case turned into a symphony of the bizarre. “Sovereign citizens” entered the fray. One of them accused a federal judge of “TREASON.” Another allegedly filed bogus liens against five public officials involved in the ASD case, including a federal judge, three federal prosecutors and a special agent of the U.S. Secret Service who led the Ponzi investigation.
These episodes were to the utter humiliation of MLMers who value the reputation of the trade. The ruinous PR fallout continues even to this day.
What did Zeek do? Why, it wrapped what effectively is ASD’s 1-percent-a-day compensation model into its payout plan, thus raising the stench of ASD all over again and adding to the stench by effectively paying out an affiliate-reported average of about 1.4 percent a day. Zeek promptly found favor on the Ponzi boards and benefited from promoters of fraud schemes such as ASD and JSS Tripler/JustBeenPaid (730 percent a year). It also picked up some hucksters from OneX, a “program” in part responsible for the fact ASD’s Bowdoin is now jailed in the District of Columbia.
There can be no doubt that Zeek also attracted promoters of AdViewGlobal (AVG) into its fold. The Feds now have linked Bowdoin to AVG, a 1-percent-a-day “program” that collapsed in 2009 under circumstances both mysterious and bizarre. Before AVG went missing, its braintrust tried to plant the extortive seed that lawyers were going after the critics and that “program” members themselves were at risk of getting sued for sharing negative information. For good measure, AdViewGlobal tried to plant the extortive seed that it would report its own members to their Internet Service Providers if they continued to question the “program” in public.
‘MoneyMakingBrain’ Reemerges In Bid To Chill Critics
Today on the RealScam.com antiscam forum, a notorious cyberstalker and JSSTripler/JustBeenPaid apologist known as “MoneyMakingBrain” is planting the seed that JSS/JBP is going to use its lawyers to come after critics. “MoneyMakingBrain” previously claimed he’d defend Frederick Mann, JSS/JBP’s purported operator, “so help me God.” And then “MoneyMakingBrain” started attacking Lynn Edgington, the chairman of Eagle Research Associates, a California nonprofit entity that works proactively with U.S. law enforcement to educate the public about online financial fraud. Edgington is a longtime contributor to the PP Blog and, like the PP Blog, is a member of RealScam.com, a site that concerns itself with international mass-marketing fraud.
(IMPORTANT NOTE: The PP Blog is providing a link to the RealScam.com thread in which “MoneyMakingBrain” has (for months) been engaging in efforts to intimidate JSS/JBP critics. MoneyMakingBrain has a history of emailing threatening communications to the PP Blog. Among other things, he purports to have an ability to track IP addresses and to be keeping a “dossier” on critics. If these things are true, it could mean that “MoneyMakingBrain” will seek to target you in harassment and intimidation campaigns. [** Caution duly advised. RealScam link. Caution duly advised **])
The PP Blog commends Randy Schroeder for his remarks about Zeek. It encourages Mona Vie to back him. Zeek is awash in the stench of ASD, AVG, JSS/JBP, OneX and the serial scammers who populate the Ponzi boards.
Such “programs” put economic security at risk and thus national security.
Period.
Stories Wouldn’t Sell As Fiction
Thank your lucky stars that Zeek’s apologists and Stepfordians are not the fire department. If they were, they wouldn’t be fighting fires. Instead, they’d be standing in the parking lot, deducing the red glow under the roof of the building to which they’d been dispatched was an optical illusion and that the man on the roof with the gas can wasn’t really there. All the acrid, billowing smoke would be ignored in favor of a theory that smoke doesn’t always mean flame.
“No need to bring out the hoses,” they’d say. “This is nothing.”
And when the cops showed up and observed firefighters standing around watching a blaze and ignoring their duty to put it out, they’d be told to mind their own damned business or get busy hiring a lawyer to defend against a defamation lawsuit.
It wouldn’t sell as fiction — and yet somehow passes the plausibility test with thousands or even hundreds of thousands of individuals who call themselves MLMers.
Bravo to Randy Schroeder for advising the members of his trade to open their eyes and choose to see.
Screen shot of page from November 2011 lawsuit that named ZeekRewards.com a defendant. (Red highlight by PP Blog.)
ZeekRewards.com was accused of cyberpiracy, unfair competition and benefiting from copyright infringement in a trademark-dilution and defamation lawsuit filed in U.S. District Court for the Northern District of California on Nov. 7, 2011. The action demands an accounting, disgorgement of alleged ill-gotten gains and treble damages.
The PP Blog was unable to reach Zeek immediately by phone this morning for comment on the lawsuit, which may involve the actions of a Zeek affiliate. The Blog followed up with an email and is awaiting a response.
The docket of the case shows a summons was issued to ZeekRewards.com and several co-defendants on Nov. 7, the same date the lawsuit was filed.
A process server served the complaint on ZeekRewards.com at 136-20 38th Street, Suite 9H3, Flushing, N.Y., 11354, on Nov. 21, 2011, at 7:28 p.m., according to court filings.
An individual who accepted process for ZeekRewards.com at the Flushing address stated “they are authorized” to do so, according to court filings.
But Zeek says it is an arm of Rex Venture Group LLC, an entity registered in both Nevada and North Carolina. In North Carolina records, Paul Ray Burks is listed at the registered agent of Rex Venture at an address in Lexington, N.C. In Nevada records, meanwhile, Nevada Corporate Planners Inc. of Las Vegas is listed as the registered agent of Rex Venture.
The docket of the case strongly suggests that neither ZeekRewards.com nor any of the other defendants has entered a defense to the claims and that an attorney for the plaintiff has moved the court for a default judgment to be entered. No attorney appears to have filed an appearance notice for ZeekRewards.com or any of the other defendants. On Jan. 26, 2012, the clerk of courts recorded an “ENTRY OF DEFAULT” against all of the defendants.
Here are the named defendants: Lewis Liu, also known as Wei Liu; www.eadgear.ca; www.zeekrewards.com; Xinzheng Wire Mesh Co. Ltd.; Xinzheng Companies (America) Inc.; and “DOES 1-10, inclusive.”
The plaintiff is eAdGear Inc., which does business as www.eadgear.com.
eAdGear contends that Liu, a former eAdGear affiliate, copied eAdGear’s .com website to a top-level domain in Canada and used the site to promote ZeekRewards.com and to defame eAdGear.
“In early October 2011, [Liu] published written defamatory statements on ‘www.eadgear.ca,’” the plaintiff alleged. “As shown in Ex. 3, [Liu] stated that plaintiff was not an accredited business by [the Better Business Bureau] and that BBB would soon publish an extremely low rating on Plaintiff. [Liu] further asserted that Plaintiff’s holding company in Hong Kong had never existed. All [Liu’s] statements are false. [Liu] started to use ‘www.eadgear.ca’ to promote his own online advertising business ‘www.zeekrewards.com.’ He asked all his customers under his Plaintiff account (eAdGear ID #127264) to transfer business to ‘www.zeekrewards.com.’ He promised with a low monthly service fee and other incentives to customers who were willing to transfer to ‘www.zeekrewards.com.’”
The PP Blog also sought comment from Zeek today on why auctions for sums of U.S. cash appear to have been removed from Zeekler.com, the penny-auction arm of Zeek. Zeek Rewards is the MLM arm.
Zeek Rewards plants the seed that a return of between 1 percent and 2 percent a day is possible, although it claims it is not offering an investment program and has preemptively denied it is a pyramid scheme.
UPDATED 12:27 P.M. EDT (JUNE 12, U.S.A.) Paul R. Burks, the chief executive officer of Rex Venture Group LLC, has made four contributions to the GOP Presidential campaign of Rep. Ron Paul since July 2011, Federal Election Commission records show.
Rex Venture is the purported parent company of Zeek Rewards, a North Carolina-based MLM program that plants the seed that returns of more than 1 percent a day are possible, and Zeekler, a penny-auction site that is auctioning sums of U.S. currency and curiously says it pays successful bidders through offshore payment processors such as AlertPay (now Payza) and SolidTrustPay.
Some Zeekler bidders now claim they have not been paid for their winning bids on U.S. currency for weeks or even months. They’re also complaining about slow, absent or circular customer support.
The Ron Paul 2012 Presidential Campaign Committee Inc. recorded a $500 contribution from Burks on July 19, 2011, another $500 contribution on Aug. 20, 2011, a $1,000 contribution on Sept. 17, 2011 and a $500 contribution on Jan. 14, 2012, according to Federal Election Commission records.
Rex Venture has scored an “F” rating from the Better Business Bureau, the BBB’s lowest score.
Zeek insists it is not offering an investment product and has preemptively denied it is operating a pyramid scheme.
In 2008, an MLM company with a business model similar to Zeek — AdSurfDaily — preemptively denied it was operating a Ponzi scheme. Federal Election Commission and other records showed that ASD President Andy Bowdoin was making campaign donations to the National Republican Congressional Committee in 2007 even as ASD members were complaining about not getting paid.
In August 2008, the U.S. Secret Service moved to seize $65.8 million from Bowdoin’s bank accounts, saying he was presiding over a massive online Ponzi scheme. Federal prosecutors later accused Bowdoin of making the campaign donations with Ponzi money.
Bowdoin pleaded guilty to wire fraud in the ASD Ponzi case last month.
EDITOR’S NOTE: Our theory about Zeek Rewards is that it’s a slow-motion, pyramid-style Ponzi scheme being driven by any number of clueless affiliates who do not understand they are being influenced by steroidal puppeteers and MLM’s Great Wing of Willfully Blind Hucksters, Religious Frauds and Disingenuous Opportunists, PR Amateurs, Government Agitators and Unindicted Felons and Misdemeanants. We had a similar theory about AdSurfDaily. Read this document (courtesy of the ASD Updates Blog) and see if you agree that Zeek affiliates need to be asking some very serious questions about their “program.”
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UPDATED 1:39 P.M. EDT (U.S.A.) If you expected to be less confused about Zeek Rewards after listening to Jim Gillhouse and Troy Dooly chat up Zeek COO Dawn Wright-Olivares Friday night on ACES Radio Live, you’re apt to have come away disappointed — or perhaps even more confused. (Link to recording at bottom of editorial.)
The 86-minute show began with something that resembled a hopeful note: Gillhouse implied he’d hold Zeek’s feet to the fire and play “bad cop” to Dooly’s “good cop” because of various controversies swirling around Zeek. Co-host Dooly, though, seemed to bristle at the “bad cop” remark.
“Well, it ought to be interesting because I’m learning that bad cops don’t usually have all the facts,” Dooly said.
With that remark, the radio program more or less devolved into a session in which Wright-Olivares was permitted to ramble . . . and ramble . . . and ramble. The questions Dooly put to a top MLM executive who represents a company that plants the seed it offers a return of more than 1 percent a day without being the Bernard L. Madoff Investment Securities LLC of multilevel marketing were asked with sugary and/or leading preambles — with Dooly effectively stifling the worthy aims of his co-host and coming off as Zeek’s PR flack and spin doctor.
When Zeek’s story is compared to the tale of Madoff’s relatively modest (compared to Zeek) but unusually consistent returns of around 10 percent a year, Zeek is outperforming the notorious Ponzi swindler by a factor on the order of 30 to one. Zeek, though, insists it is not offering an investment. It also preemptively denies it is a “pyramid scheme” and plants the seed it will terminate any affiliate who suggests Zeek is offering an investment program.
Gillhouse tried. He deserves credit for that.
After not liking how Gillhouse framed a question to Wright-Olivares in the context of Zeek’s purported revenue-sharing program and recruitment efforts and how it purportedly spits 50 percent of its revenue with affiliates, Dooly behaved as though the question were asked of him and not the Zeek executive.
The information was “proprietary,” Dooly insisted.
He then bizarrely planted the seed that the ACES Radio Live show could get in trouble with a “regulator” for asking such a question and that Zeek itself could get in trouble for even responding to such a question. Dooly also implied that someone with dubious motives had set up Gillhouse by supplying him with bogus questions to make Zeek look bad. Such questions were offensive to American Capitalism, Dooly implied.
At one point in the “interview,” Wright-Olivares planted the seed that jealous competitors were after Zeek — in addition to the fraudsters and hackers who were making Zeek look bad in the eyes of its financial vendors, including offshore payment processors.
And there also was accidental comedy: Dooly called Zeek’s legal and compliance team the “crackpot team” when he meant the “crack team.”
We think he meant that, at least.
Gillhouse tried to make the show something other than a Zeek commercial and even caused Wright-Olivares to get snarky in one of her responses, but his own co-host made sure the Zeek executive had a cocoon into which she could retreat with no meaningful follow-up questions asked to tie up any of the incongruities about Zeek.
Although Dooly ventured that Zeek was “the most complex thing I’ve ever seen,” he did precious little to strip away any of the layers of complexity to show Zeek in the plain light of day.
“Proprietary” ain’t gonna cut it with Zeek — not with Zeek’s business model, not with criminals behind green curtains in the era of white-collar fraud relying on the word to coverup or sanitize massive fraud schemes, not after AdSurfDaily, not even if Zeek’s lawyers come on the show with the aim of turning on one of Dooly’s belt-high softball tosses in the middle of the plate and driving it into the upper deck of MLM La-La Land Stadium with the robotic Stepford fans rising to their feet in full Stepfordian awe. (Dooly’s suggestion that Gillhouse and/or the radio show itself could get in trouble for not being precise when asking questions is almost too strange to contemplate, so we are choosing not to contemplate it right now. Our plate is already filled with bizarre tales — JSS Tripler/JustBeenPaid, which has promoters in common with Zeek and plants the seed it can outperform Madoff on the order of 50 to one, for instance.)
It’s this simple if you are a Zeek affiliate and have questions about the company: Assume that Dooly is trying to wear two hats (at least) and therefore is not an independent voice. He is making personal appearances at Zeek Red Carpet events, posing for the camera with Wright-Olivares and even permitting his image to be shown in what effectively is a commercial for Zeek. Then, he’s “interviewing” Wright-Olivares on the subject of Zeek.
What you are observing, unfortunately, is Troy Dooly and a Zeek executive in MLM Radio La-La Land, a cheerleader quizzing a woman who apparently is committed to her own bizarre talking points and even running interference for her. Paul Burks is the purported boss of North Carolina-based Rex Venture Group LLC, Zeek’s purported parent company. Burks and Wright-Olivares go way back, Wright-Olivares says.
At the heart of the Zeek flap are questions such as these:
Does Zeek’s penny-auction arm (Zeekler) constitute a gambling operation and therefore put the entire Zeek enterprise at risk?
Does Zeek’s MLM arm (Zeek Rewards) make the company vulnerable to charges that it is selling unregistered securities as investment contracts because of the seed Zeek plants that a return of between 1 percent a 2 percent a day is possible — thus putting the entire enterprise at risk?
Are Zeek’s purported tens of thousands of affiliates exposing themselves to charges they are helping Zeek sell unregistered securities?
Given Zeek’s business mix, what agency is its principal regulator?
Because any number of Zeek affiliates also are promoting highly dubious opportunities or obvious scams on well-known Ponzi scheme forums such as MoneyMakerGroup and TalkGold, is Zeek coming into possession of funds tainted by fraud and depositing those funds in its own bank and payment-processing accounts?
Why is Zeek, a U.S. company, auctioning sums of U.S. cash and telling successful bidders it will pay them via offshore payment processors linked to fraud scheme after fraud scheme promoted on the Ponzi boards?
Why has Zeek had problems with at least two U.S. banks? (And why is Wright-Olivares now suggesting that the banks and affiliates are to blame?)
Why are Zeek customers openly complaining on a Zeek support forum that they have not received their auction winnings for weeks or even months?
Why is Zeek apparently closing itself to would-be prospects in Montana?
How is Zeek paying employees? How many employees — as opposed to independent contractors — does it have?
Why were/are some of the “employees” Zeek lists on its website participants in cash-gifting schemes, matrix-cycler schemes and autosurf Ponzi schemes such as AdSurfDaily?
Is Zeek relying on volunteers to catch up on a considerable backlog of customer-service issues — and calling the volunteers “employees?” Why would Zeek permit either volunteers or employees associated with various forms of online fraud effectively become spokespeople for Zeek? (Note: AdSurfDaily also relied on “volunteers.”)
Was Paul Burks or any Zeek executive, employee or volunteer involved in AdSurfDaily in any capacity? Did any Zeek executive, employee or volunteer receive any compensation from the remissions pool established by the government in the ASD Ponzi case? Did Zeek, whose business model is similar to ASD, come into possession of any money that flowed from the ASD remissions pool?
Is there a chance that Zeek’s growth was fueled in part by money originally seized in the ASD case and returned to participants last fall in the form of remissions payments?
Why is purported MLM expert Keith Laggos, who ventured an opinion that ASD was not a Ponzi scheme, a consultant to Zeek?
MLM attorney Gerald Nehra, an expert witness for AdSurfDaily, ventured an opinion that ASD was not a Ponzi scheme. Why is Nehra’s law firm purportedly doing work for Zeek?
While Wright-Olivares was rambling Friday night, she did say two attention-getting things. One was delivered almost as a throw-away line; the other was a butchered attempt to spin a major negative into a positive.
First, the butchered spin attempt: After Zeek implied on its Blog on May 28 that it voluntarily was closing two U.S. bank accounts, Wright-Olivares suggested Friday night that the closings were less than voluntary.
One of the banks simply was too small to handle Zeek’s rapidly expanding business, a circumstance that left the bank president “devastated,” Wright-Olivares said. But at the same time she was saying that, she also was implying that the bank booted Zeek because of all the problems associated with doing business with the firm. (Emphasis added.)
“Well, our bank of 15 years came to us and said, ‘You’re just way too big. We can’t handle this.’ This is like the small bank in Lexington, North Carolina, and the president of the bank was devastated . . .” Wright-Olivares said.
She went on to explain that Zeek had opened an account at a second bank, apparently after the multimillion-dollar MLM firm had approached a branch office to open the account instead of consulting with the main office. Although Zeek told the branch office what business it was in and apparently managed to get an account started, the matter got kicked upstairs and Zeek ultimately got booted, Wright-Olivares implied.
“They didn’t do their due diligence” at the branch office, she curiously explained.
Now, the throw-away line:
After Gillhouse asked her if Zeek’s profit pool is a “50/50 split” between Zeek and participating affiliates, Wright-Olivares said, “Yeah, the Retail Points Pool — the revenue shares . . . actually, [Zeek President and CEO] Paul [Burks] — Paul manages all that.”
Wright-Olivares went on to explain that Burks gives “us” up to 50 percent of Zeek’s daily net, an answer that strongly implied that she was both a Zeek executive and an affiliate sharing in the profit pool. Neither Gillhouse nor Dooly asked whether Burks made the revenue-sharing calculations in the plain light of day with other executives observing the process, whether Wright-Olivares also drew an executive’s salary from Zeek, whether her COO title was simply an in-house designation and whether she essentially was just an affiliate with a fancy title and more responsibilities.
The answer to those questions could be important because Zeek’s business model strongly resembles that of Florida-based AdSurfDaily, which the U.S. Secret Service said in August 2008 — nearly four years ago — was operating a massive online Ponzi scheme. Like Zeek, ASD positioned itself as a revenue-sharing program that split 50 percent of its daily receipts with affiliates, awarding them an unusually consistent gain of about 1 percent a day.
And like Zeek, some ASD executives held fancy titles. In the end, however, the titles that ASD handed out appeared to be simple naming conventions designed to create the appearance of legitimacy. No evidence has emerged that any purported executive with the possible exception of ASD President Andy Bowdoin was anything other than an affiliate who held a fancy title in ASD’s MLM la-la land. Bowdoin effectively was alleged to be a glorified affiliate of his own company, with federal prosecutors saying that he’d placed an ad for a failed, dissolved business in his own “advertising” rotator to qualify for a payout from ASD’s revenue pool.
Moreover, the Secret Service alleged that, contrary to assertions by Bowdoin that ASD was paying out to affiliates 50 percent of the daily revenue it generated from sales, ASD was not doing what it said it was doing.
“Rather, Bowdoin manufactured the revenue numbers to deceive members into believing that they could reasonably expect to receive an average daily return on their investment with ASD of at least 1%. This percentage in no way corresponded to the daily revenue that ASD was generating, but had been determined by ASD’s operators to be the amount needed to attract a steady stream of newcomers,” the Secret Service alleged in an affidavit originally filed under seal in February 2009, as the agency’s then-eight-month-old probe into ASD’s businesses practices continued.
In essence, the Secret Service alleged that Bowdoin was the man behind the colloquial green curtain and that he and unnamed others were fudging numbers and compartmentalizing information to keep the $110 million ASD scam afloat. Participants needed to hear a certain number or they weren’t apt to play, and Bowdoin and his coconspirators delivered that number — 1 percent a day — all while insisting ASD was not offering an investment product and giving themselves a further out by claiming revenue-sharing payouts were not guaranteed.
There have been no allegations of wrongdoing against Burks or Wright-Olivares or Zeek, but the remarks by Wright-Olivares are troubling.
“Paul manages all that?”
In closing, we present to you Paragraph 16 of a U.S. Secret Service affidavit filed on Feb. 26, 2009. This document was part of a seizure action that targeted the bank accounts of certain ASD members. We urge readers who may be members of Zeek not to listen to anyone who argues the document has no relevance in the context of the Zeek “program.” Indeed, you are about to read something that speaks compellingly about criminality — and steroidal puppeteers and Stepfordians — within the MLM universe:
16. Bowdoin and his [silent partner and 12DailyPro] sponsor knew that it was illegal to sell investment opportunities to thousands of individuals; thus, they were careful not to call participants “investors” but rather referred to them as “members.” Moreover, there were careful not to call payments to “members” “return on investments”; rather, they referred to the income program as a “rebate” program (A review of the ASD account database actually revealed ASD used the term “ROI” as a payment category for members). Although they were careful not to explicitly state that any income from ASD was guaranteed, both ASD founders intended that prospective members understood that they would receive better than market returns. Bowdoin and his sponsor were paying the stated 150% return and knew that ASD members expected that return. Bowdoin and the sponsor had discussed the need to pay at least one percent a day to members for members to promote the program to others.