Tag: Plastic Cash International

  • Lawyer Linked To Zeek Rewards Scheme Disbarred

    ponzinews1A California attorney alleged to have stolen at least $800,000 that originated in Zeek Rewards while serving as counsel for a Zeek financial vendor has been formally disbarred.

    The California Supreme Court issued the order against Scott Stone Mehler on Feb. 23, according to the docket of the case.

    Mehler was an attorney for Plastic Cash International (PCI), a vendor sued by Kenneth D. Bell, the court-appointed receiver in the SEC’s pyramid- and Ponzi case filed against Zeek in August 2012. Zeek operated through Rex Venture Group LLC of North Carolina.

    Although the Zeek case is referenced in documents prepared by the State Bar of California, the disbarment order against Mehler is tied to a swindle he carried out against the operators of a sheet-metal business. He has been ordered to pay restitution of $647,795.37 in that case.

    Whether a separate Bar prosecution is pending against him specifically for Zeek-related actions is unclear. Also unclear is whether a criminal investigation is under way. Mehler asserted his Fifth Amendment right against self-incrimination, according to a July 2014 Bar report.

    Bell is pursuing PCI for the return of millions of dollars alleged to be Zeek assets. PCI contends it is a victim of both Zeek and Mehler and was rendered insolvent owing to its business relationship with Zeek.

    NOTE: Our thanks to the ASD Updates Blog.

  • DEVELOPING STORY: More Than $800,000 In Funds Potentially Due Zeek Victims May Have Been Stolen By Credit-Card Vendor’s California Lawyer

    From a filing by Plastic Cash International in the Zeek Rewards Ponzi case. The screen shot above reflects a partial page from "Exhibit P," a copy of an investigative report by the California State Bar dated July 28, 2014.
    From a filing by Plastic Cash International in the Zeek Rewards Ponzi case. The screen shot above reflects a partial page from “Exhibit P,” a copy of a report by the California State Bar dated July 28, 2014.

    UPDATED 9:15 A.M. ET DEC. 19 U.S.A. If its presence on the Ponzi boards and similarity to the AdSurfDaily Ponzi scheme were not enough, the morass surrounding Zeek Rewards and operator Rex Venture Group may be getting even muddier.

    A Zeek credit-card vendor being pursued by the court-appointed receiver in the SEC’s 2012 Ponzi- and pyramid case says a California lawyer facing multiple bar investigations has stolen at least $800,000 that originated in Zeek transactions.

    It is possible that the number could be even higher, potentially on the order of $1 million or more, according to an estimate by the State Bar of California.

    A July 28 report by the Bar says the lawyer — Scott Stone Mehler of Long Beach — has invoked his Fifth Amendment right against self-incrimination. Mehler, according to records, already has been recommended for disbarment for the alleged misappropriation of $1.4 million in funds from other clients.

    Whether a criminal investigation into Mehler’s alleged activities is under way was not immediately clear.

    Zeek receiver Kenneth D. Bell has been pursuing Plastic Cash International, formerly represented by Mehler, to return millions of dollars Bell alleges to be receivership assets. But PCI claims it is a victim of both Mehler and Zeek and, in any case, is unable to pay because working with Zeek destroyed its reputation in the financial community.

    “As a direct result of [Rex Venture Group’s] criminal and otherwise fraudulent conduct, all of PCI’s partners and customers eventually ceased doing business with PCI, ultimately resulting in PCI’s involvency,” Paul Schafer, PCI’s director of brand partnerships, said in a Dec. 17 affidavit.

    The Bar has alleged moral turpitude, misrepresentation to client, falsification of accounting, failure to maintain entrusted funds and failure to account against Mehler in the PCI matter involving Zeek funds. Bar documents strongly suggest that Mehler was using client funds, including PCI funds that originated via Zeek-related transactions, to play a shell game.

    If that proves to be the case, it would mean that Zeek Ponzi funds were being used to prop up Mehler’s personal scam.

    PCI, which says it first learned about Zeek operator Rex Venture Group in March 2012, five months before the SEC’s fraud complaint, potentially faces questions about whether any due diligence it conducted into Zeek was adequate.

    On Nov. 19, Bell asked Senior U.S. District Judge Graham C. Mullen for an order directing PCI to turn over more than $8.3 million to the receivership that PCI allegedly “failed to freeze and return to the Receivership Estate.” Bell also is seeking a contempt finding against PCI.

    For its part, PCI contends that it “never” held receivership assets and that “any” funds in dispute are not recoverable assets. The firm also contends that, through Mehler, it paid more than $1.1 million in fines issued by VISA. It also said it paid legal fees in excess of $600,000 and  Zeek-related chargebacks in excess of $2 million.

    NOTE: Our thanks to the ASD Updates Blog.

  • BULLETIN: Extraordinary Drama Playing Out In Zeekland; Credit-Card Processor Says It Has Been ‘Rendered Insolvent’ Through Misconduct Of Paul Burks And Rex Venture Group

    breakingnews72BULLETIN: (8th Update 10:09 p.m. ET Dec. 18 U.S.A.) Payment vendor for a Ponzi-board “program?”

    More than two years after the shutdown of Zeek Rewards by the SEC, Plastic Cash International, a credit-card processor and would-be debit-card vendor for Zeek, said it has been “rendered insolvent as a result of the misconduct of [Rex Venture Group] and [Paul] Burks,” the operator of the Zeek scheme.

    PCI also says its onetime attorney in California who advised the company on Zeek matters has been disbarred and that the attorney stole $800,000 in funds that originated in transactions it processed for Zeek.

    Filings today by PCI identify the attorney as Scott Mehler. Details on the alleged Zeek-related theft were not immediately clear.

    On Sept. 3, 2014, Judge Donald F. Miles of the California State Bar Court issued an order recommending Mehler’s disbarment to the California Supreme Court.

    Filings in the case say Mehler misappropriated $1.4 million from two businessmen who sold their sheet-metal business to a company in Canada. In the papers, Mehler is accused of spending “all” the money entrusted to him, creating bogus screen shots to dupe the businessmen, ducking them for months and blaming his unresponsiveness to their demands for payment on mistakes with decimal points, miscalculations, a son who was ill, a wife who was out of town and an “injured dog.”

    In November 2014, Zeek receiver Kenneth D. Bell asked for an order directing PCI to turn over more than $8.3 million that he believes are receivership assets. PCI now contends that it is insolvent, that it is a victim of Zeek and that its very business relationship with Zeek triggered a series of epic disasters that led to its demise.

    Brian Newberry is the president, CEO and principal owner of PCI.

    From a filing by PCI today (italics added):

    Immediately upon discovering that RVG had been operating an alleged Ponzi Scheme, PCI directed PCI’s processing partner, without qualification, to honor all chargeback requests made by Customers, including those to whom monthly services had been rendered . . . To date, PCI has paid out at least $2,000,000 on Customer chargeback requests and related fees.

    Severe fines and penalties have been imposed on PCI because PCI contracted with RVG, which has since been exposed for various fraudulent and unlawful practices. Such fines and penalties continue to accrue. To date, PCI has paid an aggregate of at least $1,100,000 in fines based directly on PCI having processed transactions related to RVG . . .

    Furthermore, PCI has paid, to date, an aggregate of at least $600,000 in legal fees incurred by PCI, PCI’s processing partner and PCI’s merchant bank specifically related to handling the ZeekRewards fallout . . . Under the Agreement, these legal fees are RVG’s responsibility . . .

    Based on the advice of PCI’s (now disbarred) attorney, Scott Mehler (“Mehler”), that the funds in dispute belonged to PCI and not RVG, PCI used the funds PCI received from processing monthly memberships that remained after payment of the aforementioned chargebacks, fees, fines and penalties in an attempt to mitigate the damages resulting from RVG’s conduct . . .

    In addition to fines and legal fees, PCI and one of PCI’s principals, Brian Newberry, were themselves placed on the “MATCH List” based on the transactions processed for RVG . . . As a result, PCI’s processing partner, SecureNet, immediately ceased doing business with PCI altogether, thereby cutting PCI off from all sources of cash . . . Without any cash, PCI could not service the financial obligations imposed by contracts with other parties or otherwise meet operating expenses as they became due. PCI has asserted a Class 2 secured claim against the Estate, which claim is concurrently being pursued in accordance with the claims determination procedures established applicable to this SEC Enforcement Action, as ordered by this Court.

    NOTE: Our thanks to the ASD Updates Blog.

    UPDATE DEC. 18 7:32 P.M. ET: The PP Blog is working on an update to the story above.

    UPDATE DEC. 18 10:09 P.M. ET. See related story here.

  • ZEEK RECEIVER: ‘Multilayered Investigation Into [Rex Venture Group] And Its Insiders, Advisors, And Financial Institutions’ Continues

    ponzinews1The court-appointed receiver in the Zeek Rewards Ponzi- and pyramid case says his “multitilayered investigation into [Zeek operator Rex Venture Group] and its insiders, advisors, and financial institutions” continues.

    Receiver Kenneth D. Bell has been at the helm since the epic collapse of the Zeek MLM HYIP scheme in August 2012. The SEC initially filed civil charges to halt the $850 million fraud. A parallel criminal probe by federal prosecutors in North Carolina to date has resulted in the arrest and prosecution of two Zeek insiders, both of whom pleaded guilty.

    Bell did not say in his May 7 report to Senior U.S. District Judge Graham C. Mullen precisely who the receivership was investigating. Zeek is known to have had members and vendors in common with the $119 million AdSurfDaily Ponzi scheme, which collapsed in 2008.

    Bell so far has sued several members of ASD who became alleged winners in Zeek. (See March 3, 2014, PP Blog story and Comments thread.) Zeek also had members in common with TelexFree, an alleged Ponzi- and pyramid scheme that gathered more than $1.2 billion. Class-action attorneys have alleged RICO violations at TelexFree involving vendors and MLM attorney Gerald Nehra, who also performed work for Zeek, according to Zeek promos.

    “The Receiver has begun to investigate possible claims against financial institutions that facilitated the [Zeek] scheme,” Bell advised Mullen. “If the Receiver becomes convinced that there are colorable causes of action against banks and other financial institutions, he will solicit other law firms to undertake this work.”

    And, Bell noted, “The Receiver continues to evaluate potential claims against RVG’s third-party advisors, consultants, and others who received fraudulent transfers but who were not Affiliate Investors.

    “These claims,” he continued, “are varied in light of the diverse range of involvement these parties had with RVG. The Receiver intends to file multiple third-party actions, likely grouping defendants in these actions based on the similarity of claims asserted against them.”

    Moreover, Bell said, he “has been investigating allegations that certain insiders and net winners may be sheltering, hiding, or dissipating assets fraudulently transferred or held. The Receiver intends to fully pursue legal recourse in these situations so that funds are preserved and may be returned to victims of the ZeekRewards scheme.”

    Bids to flummox the receivership were not limited to insiders and winners, Bell said.

    “The Receiver Team also identified one creditor that appears to have taken numerous actions that were in direct violation of the Freeze Order and greatly damaged the estate,” Bell said. “The Receiver is in the process of determining what actions should be taken in regard to these violations.”

    Bell did not identify the creditor.

    An examination of of transactions that occurred at offshore processors such as Payza and SolidTrustPay continues, Bell said.

    “The Receiver Team is continuing its investigation of and pursuit of any outstanding funds, including any potential transfers or withdrawals, from Payza and Solid Trust Pay,” Bell said.

    Foreign transactions involving Payment World and CyberProfit also are under scrutiny, Bell said.

    In addition, he asserted that his team “is investigating potential improper transfers totaling approximately $5.8 million from a Trust Account set up by Preferred Merchants’ CEO Jaymes Meyer for which Rex Venture Group was the beneficiary,” Bell said. “The Receiver Team has issued a subpoena to Preferred Merchants to obtain additional information and is engaged in conversations with Preferred Merchants’ counsel regarding these transfers and the production of this information.”

    Transactions at Plastic Cash International also are under scrutiny, Bell said.

    ‘The Receiver Team is investigating potential improper transfers or withdrawals from Plastic Cash International,” Bell said. “This inquiry includes an analysis of the flow of funds through Network Merchants and SecureNet, which facilitated the flow of funds between Rex Venture Group and Plastic Cash International.”

    Meanwhile, scrutiny of transactions involving NXPay, another Zeek Vendor, continues, Bell said.

    “The Receiver Team completed its reconciliation of account information for NxPay, determining an outstanding amount of over $13 million, including improper post-freeze Order disbursements, and is analyzing potential options to recover this outstanding amount,” Bell said.

    Negotiations with various parties over document production and information-sharing continue, Bell said.

    “As part of this effort, the Receiver recently conducted an interview of a key fact witness with knowledge of the scheme,” Bell said.

    He did not identify the individual.

    Read Bell’s May 7 report. Visit the receivership website.