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Tag: SEC

  • BULLETIN: OH, FLORIDA! Receiver In Alleged Commodities Online LLC Ponzi Caper Says Scheme Operated Through Multiple Companies; James Clark Howard III, Louis N. Gallo III, George Saliba And Martin Vegas Sued For Combined Millions Of Dollars

    James Clark Howard III

    BULLETIN: David S. Mandel, the receiver in the alleged Commodities Online LLC Ponzi and fraud scheme, has sued four Florida residents and is demanding more than $9 million.

    Named defendants in U.S. District Court in the Southern District of Florida are James C. Howard III of Parkland; Louis N. Gallo III of Parkland; Martin Vegas of North Bay Village; and George Saliba, also known as George Saliva, of Parkland.

    “From January 26, 2010 until April 1, 2011, Howard and Gallo operated and controlled a Ponzi Scheme designed to defraud investors that allowed Howard, Gallo and their confederates to steal and misappropriate investor funds,” Mandel alleged in the lawsuit.

    “Howard and Gallo, in running the Ponzi Scheme, regularly made transfers of Commodities Online funds from one related entity to another with no business purpose other than to make the Ponzi Scheme more difficult to detect and assist in conveying the appearance of a profitable business to investors,” Mandel alleged.

    Howard controlled Florida firms known as Sutton Capital LLC and J&W Trading LLC, Mandel alleged. Meanwhile, Gallo controlled Florida firms known as Minjo Corp. and American Financial Solutions LLC, according to the lawsuit.

    Four “related entities involved in the inter-company transfers utilized in the Ponzi scheme” were identified by Mandel as:

    • SSH2 Acquisitions Inc, controlled by nondefendant Michael Palermo.
    • Rapallo Investment Group LLC, controlled by non-defendant Patricia Saa.
    • Minerales Mexiron LLC, a Florida firm controlled by defendant George Saliba.
    • Minerales Mexico Iron SACV Inc., another Florida company controlled by Saliba.

    Former AdSurfDaily member and Surf’s Up moderator Terralynn Hoy is listed in Nevada records as a “director” of SSH2. She has not been accused of wrongdoing. SSH2 sued Howard and others in 2010, in a case that alleged it was a victim of a Ponzi scheme.

    On two dates in February 2010, Mandel alleged, Howard “wrongfully converted” more than $1.74 million my moving it from Commodities Online to Sutton Capital and JW Trading.

    In March 2010 and April 2010, according to Mandel, Howard caused Commodities Online to “lend” more than $320,000 to yet another entity: Pisces Trading Inc.

    “Howard thereafter directed Pisces Trading, Inc. to repay these loaned Commodities Online funds to his wholly owned and controlled entity, J&W Trading, thereby converting the Commodities Online funds to his own benefit and use,” Mandel alleged.

    From March 2010 to March 2011, “Gallo converted $413,143 of Commodities Online funds to his own use and benefit by causing net funds to be transferred to his wholly owned and controlled entity, American Financial,” Mandel alleged.

    Between May 2010 and March 2011, according to the lawsuit, “Gallo converted $1,767,870 of Commodities Online funds to his own use and benefit by causing net funds in that amount transferred to his wholly owned and controlled entity, Minjo.

    In March 2011, according to the lawsuit, Gallo also “converted $360,000 of Commodities Online funds to his own use and benefit by causing those funds to be wired to Minerales Yacimientos y Reservas in Mexico, which the Receiver is advised is a fictitious company.”

    Still moving money in March 2011, Gallo “converted $226,200 of Commodities Online funds to his own use and benefit by causing those funds to be wired to Terracerias y Pavimentos in Mexico” — plus the following sums and destinations:

    • $40,044 to Jorge Ortega Balderas in Mexico.
    • $700,000 to Diego Diaz Ceballos Torre in Mexico.
    • $625,000 to Grupo Minero Leecota in Mexico.
    • $150,000 to Franscisco Javier Ortiz Gonzalez in Mexico.

    In a separate filing, Mandel said that the process of determining whether Commodities Online had any iron holdings in Mexico had proven difficult, but that investigators now believe that there is “no recoverable iron ore in Mexico.”

    What happened to the money in Mexico is unclear. In April 2011, the SEC alleged that about $3.8 million funds linked to Commodities Online flowed to Mexico and the Netherlands as the agency was issuing subpoenas in the emerging fraud case in March 2011.

    The transfers were “extremely suspicious,” the agency said in April.

    “Howard, Gallo, and Vegas breached their fiduciary duty to Commodities Online and its investors by personally stealing and misappropriating Commodities Online funds, allowing coconspirators to steal and misappropriate those funds, and dissipating almost $3 million through imprudent transfers of Commodities Online funds to Mexico without adequate controls and documentation to insure the company’s assets and funds,” Mandel alleged in the lawsuit.

    Money continued to flow to Mexico even after Commodities Online retained attorney James Sallah in March 2011 and Sallah “counseled management of Commodities Online to discontinue all solicitations of new investor money, to freeze all existing company assets and otherwise cooperate with the Securities and Exchange Commission,” according to Mandel’s lawsuit.

    “Contrary to Mr. Sallah’s advice, defendants Howard, Gallo and Vegas, in disregard of their fiduciary duties to Commodities Online and its investors, continued to authorize wire transfers of Commodities Online funds to various accounts in Mexico where the funds became untraceable and defendants could re-divert the proceeds of the wire transfers to their personal use and benefit,” according to the lawsuit

    Vegas, according to Mandel, “converted $631,264 of Commodities Online funds to his personal use and benefit by causing those net funds to be paid out to him for no consideration.”

    Saliba, according to the lawsuit, “controlled” Minerales and Mexiron and “converted $2,089,368 of Commodities Online funds to his own use and benefit” between May 2010 and November 2010.

  • 3 PONZI/FRAUD CAPSULES: (1) Washington State Woman Jailed In Alleged $126 Million Ponzi Scheme; (2) Charity, Church, Investors In Metro Washington, D.C., Allegedly Scammed In $27M Ponzi; (3) South Florida Man Sentenced To More Than 12 Years In $29.5M ‘Gold’ Scam

    Screen shot: PDF from section of Page 1 of the indictment of Doris E. Nelson in an alleged $126 million Ponzi operating internationally through multiple companies.

    EDITOR’S NOTE: This information is presented in the form of briefs, with links to external sources.

    1.) Doris E. Nelson, arrested/jailed in Spokane, Wash., region, last week after federal raid in April 2010. SEC filed civil charges in September 2011.

    The allegations against Nelson and multiple companies in Nevada, Utah and Canada are alarming, but also somewhat standard fare if you’ve been observing how schemes form and then explain away problems when trouble develops.

    Among the core allegations are these:

    • Nelson, of Colbert, Wash.,  ran a payday-loan business called “The Little Loan Shoppe” in the area of Spokane. The firm was linked to multiple LLCs in the United States and multiple LTDs in Canada. The business started out in the Canadian province of British Columbia in roughly 1997, and moved to the United States “in or about 2001.” Investors were told they could earn enormous profits from the spread between the loan shop’s expenses and what it charged customers for a short-term loan.
    • The Ponzi scheme took in “at least” $126 million and caused losses of more than $40 million — losses that affected “at least” 800 investors.
    • Federal prosecutors say they have identified “victim investors” in multiple Canadian provinces and multiple U.S. states. The indictment also lists a victim from Spain.
    • The payday loan business was not profitable. Investors were getting paid through a complex shell game that lasted for years and involved the formation of new companies, including marketing and “leads” arms.
    • Nelson and some of the defendants engaged in wire fraud, mail fraud and money-laundering.
    • Nelson lied to the Manitoba Securities Commission and advised certain parties to lie to the British Columbia Securities Commission (BCSC).
    • Nelson used investor funds to purchase a motor home valued at nearly $127,000, a Chevrolet Corvette valued at more than $61,000, a Mercedes Benz valued at nearly $112,000. She purchased more than $220,000 in clothing at the St. Johns Knits store and $217,000 at other stores, including Nordstrom.
    • Nelson lost $400,000 of investors’ funds gambling at various Las Vegas casinos.
    • Nelson spent investors’ money on luxury sea cruises, including nearly $29,000 on a Royal Caribbean cruise in which she also spent $23,500 in investor funds to gamble.
    • The promissory-notes scheme showed classic signs of collapse in October 2008. (More details below.) Nelson slashed payouts to investors — from an anticipated rate of between 40 percent and 60 percent to 10 percent. The 10 percent payouts collapsed by March 2009.
    • Nelson claimed Little Loan Shoppe bought the building it used in Spokane, but that was a lie. In truth, the company was paying rent to a company owned by Nelson’s husband.
    • In February 2008, leading up to the beginning of the end in October 2008, Nelson forecast “an explosion of profit.” In May, she announced that “our industry is thriving.” She then opened a new window for investments, telling marks that she was “excepting” new money, as opposed to “accepting” it.  “[T]his window of opportunity will probably not be open again due to the expected surplus of income . . .” she wrote.
    • Between late June and late July of 2008, Nelson announced a “massive marketing campaign” that would turn the operation into “one of the largest loan companies.”
    • Millions of dollars flowed to the teetering scheme after Nelson’s various hype fests.
    • In October 2008, Nelson lied to BCSC about how she was making interest payments to investors, denying that the money came from “newer” investors and claiming the cash came from loan profits.
    • BCSC ordered Nelson to stop issuing promissory notes. Nelson then told investors that changes to U.S. lending laws had “dramatically reduced our profits . . .”
    • In February 2009, Nelson advised investors to quit contacting her about their investments because the inquiries were distracting her. She then announced a purported account review. In March 2009, Nelson told investors that the account review was behind schedule and perhaps would not be completed until the middle of April.
    • In March 2009, Nelson traveled to Florida to try to get more money from existing investors.
    • The scam then collapsed in its entirety and investors experienced ruin.

    Read/view coverage of alleged Nelson scam at KXLY.com.

    The Alleged Garfield M. Taylor Ponzi Scheme In Metro Washington, D.C.

    2.) Garfield M. Taylor, others sued by SEC last week amid spectacular allegations of Ponzi fraud targeted at charities and people of faith, among others.

    Outlined below are some of the core allegations in the alleged Garfield M. Taylor Ponzi scheme, which includes multiple defendants and multiple companies. The SEC brought the case last week, alleging a $27 million Ponzi scheme.

    First, a quote from Stephen L. Cohen, the SEC’s associate director in the Division of Enforcement.

    “Garfield Taylor and his partners in the scheme touted themselves as seasoned and trustworthy financial professionals offering a conservative but lucrative investment opportunity. In reality, they were gambling away investor assets in extremely risky trades and operating a classic Ponzi scheme.”

    Key allegations:

    • Garfield Taylor, of North Bethesda, Md., formerly worked for Fannie Mae and “frequently” used its name in his fraud pitch. His companies, Garfield Taylor Inc. and Gibraltar Asset Management Group LLC, were charged by the SEC, as were five alleged “collaborators”: Maurice G. Taylor of Bowie, Md., who is the brother of Garfield Taylor; Randolph M. Taylor of Washington, D.C., who is the nephew of Garfield Taylor; Benjamin C. Dalley of Washington, D.C., who is the childhood friend and business partner of Randolph Taylor; Jeffrey A. King of Upper Marlboro, Md., whose sister is married to Maurice Taylor; William B. Mitchell of Middle River, Md.
    • The scheme operated “at least” between 2005 and 2010, targeting “middle class” investors and charities.
    • The FDIC’s name was used to sanitize the scam.
    • Unregistered brokers were used to recruit investors.
    • The firms themselves were not registered.
    • Misleading PowerPoint presentations were used.
    • A Baptist church in Maryland, a children’s charity in Washington and an investment club in Philadelphia were shown the PowerPoint presentations.
    • Fancy language such as “proprietary strategy,” “covered call investment strategy” and “unparalleled downside protection” was used.
    • The Baptist church also was shown a “fake ‘letter of recommendation’ from Charles Schwab.”
    • “This letter was not prepared by anyone at Charles Schwab. Rather, it is a fabrication.”
    • A retiree from Lanham, Md.,  plowed more than $780,000 into the scam, an amount that represented “nearly his entire retirement savings.”
    • At least one investor in 2009 was worried about his/her nest egg in the post-Bernard Madoff environment, but Dalley reassured the investor that the opportunity had “taken the internal measures to strictly regulate our traders and accounting to ensure that our investor’s investments are safe.”
    • When Dalley provided the assurance, he already knew that the opportunity “had not followed a covered call trading strategy and had instead engaged in highly speculative naked options trading.”
    • Garfield Taylor actually was operating a “joint Ponzi scheme” through his companies.
    • Garfield Taylor “convinced at least three individuals to give him the username and password to their online brokerage accounts in order for Garfield Taylor to place trades in those accounts on a discretionary basis in exchange for a share of any profits generated.” A Maryland woman duped in this fashion lost “nearly her entire account” originally worth $450,000 “in a matter of two months.”
    • Garfield Taylor used investors’ money to send his children to private school at a cost of $73,000.
    • At one point, one of the Garfield Taylor firms had “less than” $1,000 in its account, but an investor “wired approximately $590,000.” Garfield Taylor used the incoming money to make Ponzi payments.

    Read the SEC complaint.

    Gold Scammer Gets More Than 12 Years In Slammer

    3.) Jamie Campany, 48, of Palm Beach County, Fla., sentenced to federal prison in $29.5 million fraud.

    Key allegations:

    • More than 1,400 investors defrauded.
    • Multiple companies operating in South Florida and elsewhere involved, including Global Bullion Exchange LLC of Lake Worth. Scam also used name of “Barclay.”
    • Fraud fueled by telemarketing.
    • FBI, U.S. Postal Inspection Service and Florida Office of Financial Regulation handled probe.

    Read Feds’ statement announcing the Campany sentencing.

    Watch Campany tell ABC News how he scammed the masses.

     

  • FLORIDA — AGAIN (BOCA RATON VIA NEW YORK): John A. Mattera, Purported Philanthropist, Arrested By Feds And Sued By SEC Amid Allegations He Set Up Scam Using Names Of Groupon And Facebook; Suspect Also Traded On Name Of Red Cross; Investigators Call Him A Recidivist Felon

    John Mattera: Source: Mattera Foundation Nov. 2. 2011, news release

    EDITOR’S NOTE: So, you recognize the power of the names of  Groupon and Facebook and want to trade on their magnetism to drive traffic to your purported “opportunity” — and you want to further sanitize your scheme by describing yourself as a philanthropist and trading on the name of a charity such as the American Red Cross?

    And you perhaps want to give money from your scheme to your wife and your mother, a senior citizen?

    What follows is a story about the allegations against John Mattera and some of his activities in Florida . . .

    John A. Mattera of Boca Raton, Fla., pleaded guilty in 2003 to seven counts of grand theft in three separate Florida criminal cases, according to court records. Among other things, “Mattera stole $34,000 from two Florida investors by promising to provide them with shares of stock that Mattera falsely represented he owned,” the SEC said of the 2003 cases.

    In 2009, the SEC charged Mattera “with fraudulently attempting to avoid registration requirements by backdating promissory notes to obtain improperly unrestricted shares of a company,” according to the agency.

    And now Mattera, 50, has been sued civilly by the SEC and charged criminally by federal prosecutors in New York in yet another alleged scheme — this one involving claims that Mattera traded on the names of Groupon, Facebook and others in a scam that netted between $11 million and $12.6 million.

    The SEC said it is seeking an emergency court order to freeze the assets of Mattera; John R. Arnold, 61, of Florida; Joseph Almazon, 22, of Hicksville, N.Y.; David E. Howard II, 32, of New York City;  Bradford Van Siclen, 43, of Montclair, N.J., and eight different business entities. (Ages in this paragraph approximate.)

    Authorities said Mattera and “cohorts” duped investors into believing that they could convert shares in Mattera’s purported hedge fund — a company that happened to be pushed by “a web of registered and unregistered broker-dealers” — into shares of companies such as Groupon and Facebook in advance of the famous firms’ IPOs.

    Both the SEC and federal prosecutors used descriptive verbs when describing what is alleged to be Mattera’s latest scam — a scam that allegedly involved a network of associates and a company with the high-sounding name of “The Praetorian Global Fund.”

    (Emphasis added to SEC’s choice of verbs.)

    “By conjuring up a seemingly prestigious hedge fund and touting the safety of an escrow agent, these men exploited investors’ desire to get an inside track on a wave of hyped future IPOs,” said George S. Canellos, director of the SEC’s New York Regional Office. “Even as investors believed their funds were sitting safely in escrow accounts, Mattera plundered those accounts to bankroll a lifestyle of private jets, luxury cars, and fine art.”

    (Emphasis added to U.S. Attorney’s choice of verbs and other descriptors.)

    “As alleged, John Mattera duped investors into believing they had bought rights to shares of coveted stock in Facebook and other highly visible and attractive companies which had not yet gone public,” said U.S. Attorney Preet Bharara of the the Southern District of New York. “As the complaint describes, Mattera told elaborate lies about stock he did not own and about how he would keep investors’ money safe in escrow accounts. Instead, Mattera took the investors’ money to fund his own extravagant lifestyle. With today’s charges, his charade is exposed and he will be held to account for his alleged crimes.”

    Named relief defendants in the SEC case are Ann Mattera, Mattera’s 71-year-old mother, and Lan T. Phan, Mattera’s wife. Phan, 43, is a physician and yoga practitioner. Authorities say the women, who are not charged with an offense, were beneficiaries of the scheme. (Ages in this paragraph approximate.)

    The publicity surrounding John Mattera’s alleged business misdeeds has caused embarrassment for a local chapter of the American Red Cross in South Florida. John Mattera, who is linked on the web to numerous companies or philanthropic organizations even in the wake of previous lawsuits and criminal charges against him, was on the Red Cross board in Broward County until last month, according to the Sun-Sentinel.

    On Nov. 2, just days before the SEC and the Feds came knocking, John Mattera was quoted in this news release about an entity known as the Mattera Foundation, which purported to look “to support those in need” by making it easier for them to find grant funding.

    “John Mattera hopes that organizations across South Florida will use the new grant application tool to contact The Mattera Foundation and secure funding for their causes,” the news release read in part.

    On March 24, 2011, meanwhile, John Mattera was quoted in this news release about a Red Cross golf tournament sponsored by the Mattera Foundation.

    From March 2011 news release by the Mattera Foundation.

    “Investor and American Red Cross board member John Mattera announced today that his eponymous The Mattera Foundation will sponsor the upcoming American Red Cross Golf Tournament,” the release read in part. “The tournament will be held at the Inverrary Country Club on April 1, and all proceeds will benefit the American Red Cross, South Florida Region.”

    It was not immediately clear if Mattera plowed investors’ money into charities. What is clear, according to federal prosecutors, is that he had high appetites and caused investors to believe their money was going into escrow accounts.

    “Based on the misrepresentations of Mattera and others, investors sent more than $11 million into escrow accounts maintained at a Florida bank,” prosecutors charged. “Mattera reassured investors that their money would be held in the escrow accounts until either the offering was completed or another triggering event took place, at which time the investors would receive their ownership interest in the particular special purpose entity. However, instead of maintaining the investor money in the escrow accounts as he promised, Mattera caused the vast majority of it to be transferred to other entities with which he was associated. Ultimately, Mattera misappropriated more than $11 million of investor money and spent nearly $4 million on personal items for his family and himself, such as expensive jewelry, interior decorating and luxury cars.”

    A veteran IRS agent also used strong language when describing Mattera’s latest alleged fraud scheme. (Emphasis added.)

    “The allegations against Mr. Mattera show that the appearance of success can be a tangled web of financial lies,” said Victor W. Lessoff, special agent-in-charge of the Newark (N.J.) Field Office of the IRS Criminal Investigation Unit (IRS-CI).

    Such descriptions also surfaced in the epic Scott Rothstein Ponzi caper, which also operated in South Florida.

    Read SEC news release on John Mattera’s latest alleged scam.

    Read the SEC complaint.

    Read Feds’ news release on John Mattera’s latest alleged scam.

  • UPDATE: More Red Flags At ‘Text Cash Network’; Firm’s ‘Official’ Video Has YouTube Upload Date Of Nov. 15, 2011 — But Same Video With Nearly 3-Year Old Upload Date Also Appears On YouTube For Same ‘Opportunity’

    In this Nov. 13 post, the PP Blog published a list of red flags concerning online promos for Text Cash Network (TCN), purportedly an emerging business “opportunity” involving text advertising and cell phones. A promo for TCN appeared — and then vanished — from a website linked to huckster Phil Piccolo, known online as “the one-man Internet crime wave.” Piccolo has been associated with other schemes that involved cell phones, namely Data Network Affiliates (DNA).

    This post raises another red flag — and once again, the issue is about Piccolo’s potential TCN involvement or the involvement of Piccolo associates. In the DNA scam, the purported firm used generic YouTube videos to drive traffic to its purported opportunity. In 2010, for example, DNA incongruously posted a YouTube video known as “JK Wedding Entrance Dance” to its website, using the video to promote DNA.

    The “JK Wedding Entrance Dance” video — a You Tube smash — had absolutely nothing to to with DNA. The video was designed in part to create awareness about domestic violence and to publicize the Sheila Wellstone Institute.

    Sheila Wellstone was a human-rights advocate. She and her husband, Sen. Paul Wellstone, D-Minn., were killed in a plane crash in 2002. Their daughter, Marcia, died in the same crash.

    After conducting a “prelaunch” event with much fanfare on Nov. 11 — Veterans Day in the United States — TCN now has added a You Tube video to its website. An all-caps line of “OFFICIAL LAUNCH 12/12/2011” appears below the video, which plays in miniature on TCN’s site.

    But the video also is playing in full size on YouTube’s site. Text on the YouTube site dubs it “THE OFFICAL TEXT CASH NETWORK (TCN) – RIGHT HERE – RIGHT NOW” site. The upload date of the video is listed as Nov. 15, 2011: yesterday.

    The same video, however,  appears elsewhere on YouTube — and its upload date is listed as Jan. 26, 2009, nearly three years ago. Despite the upload date, the video also is promoting TCN, whose website appears to have been registered just last month.

    Both videos raise questions about whether YouTube is being gamed by TCN and affiliates. Meanwhile, the videos use the same soundtrack by Fat Boy Slim: “Right here, right now.”

    Among other things, Piccolo is known to use all-caps presentations and to hype “prelaunches” and “launches” for weeks. He also is known to hype launches by publishing the names of top promoters — something TCN is doing — and to try to stay in the background of “opportunities,” as opposed to becoming the public face of them.

    Joe Reid, a known Piccolo associate, has served as a conference-call host for TCN. Reid also hosted conference calls for DNA, which was linked to Piccolo last year and served up Theatre of the Absurd and a sea of incongruities.

    DNA, for example, misspelled the name of its own CEO — and didn’t advise members that the CEO had left the company for nearly a week. The former CEO told the PP Blog last year that the firm was engaging in “bizarre” conduct and a campaign of “misinformation and lies.”

    After the former CEO agreed to an interview with the PP Blog, a PR handler who described himself as a conflict-management strategist” sought to intervene. As the year proceeded, DNA appeared to have both entered and exited the cell-phone business in a matter of weeks — while planting the seed that it would pay enormous rates of return to customers who provided it money, even as it purportedly entered businesses such as mortgage writedowns and offshore “resorts” after apparently abandoning its purported core business of helping police recover kidnapped children.

    At one point, DNA was urging members to record the license-plate numbers of cars in a purported bid to assist the AMBER Alert program — while it was selling a purported “protective spray” that would make it impossible for cameras placed by police at intersections to snap usable photographs of the plates.

    In 2009, another purported “advertising” opportunity known as Biz Ad Splash (BAS) used the same Fat Boy Slim soundtrack. Walter Clarence Busby Jr., the purported operator of BAS, is a figure in the alleged AdSurfDaily Ponzi scheme and is the former operator of Golden Panda Ad Builder. Golden Panda surrendered more than $14 million in the ASD Ponzi case, and the SEC said that Busby was involved in three prime-bank schemes in the 1990s.

    The SEC has not responded to requests for comment on the emerging TCN “opportunity.”

    As of now, it can be said that two “advertising” schemes — BAS and TCN — are using the same music in what appears to be largely generic promos for business “opportunities.”

    It also can be said that DNA, one of the “businesses” associated with Piccolo, also used generic videos and caused them to play in miniature on “prelaunch” and “launch” sites for “opportunities.”

    It also seems possible — if not likely — that certain MLM promoters have found a way to edit YouTube sites to make the content appear “current” or to store generic videos and use them for multiple “opportunities.”

    Questions

    Why does one video for TCN show an upload date of January 2009 while the “official” site shows a video upload date of yesterday — when it is the same video and TCN purportedly is a “new” opportunity?

    Did TCN exist in an earlier form as far back as 2009? If so, what happened back then — and why is it reemerging now?

    Are certain MLMers simply using generic videos they uploaded earlier to YouTube — and then editing the YouTube sites when a new “opportunity” comes along, thus potentially maintaining a search-engine advantage no matter what “opportunity” comes along?

    Why would a company that purports to be a market and technology leader use what appears to be a generic video as its “official” video?

    Why did a promo for TCN that appeared on the website of OWOW — a site linked to Piccolo — suddenly go missing last week?

    Why does TCN appear to be closely following “prelaunch” and “launch” strategies associated with purported Piccolo “opportunities?

    Screen Shot 1

    This YouTube video for Text Cash Network bears an upload date of Jan. 26, 2009, even though TCN claims it is a new company proceeding from a "prelaunch" in recent days to "launch." The video is a duplicate of a video dated Nov. 15, 2011 that claims to be TCN's "official" video.

    Screen Shot 2

    This YouTube video for Text Cash Network bears an upload date of Nov. 15, 2011, even though the same video for the purported TCN opportunity appears elsewhere on YouTube and bears an upload date of Jan. 26, 2009, nearly three years ago. TCN claims it is a new company proceeding from "prelaunch" to "launch." TCN claims the Nov. 15, 2011 video is its "official" one. Both video sites feature all-caps when addressing prospects and content that is virtually the same.

    Screen Shot 3

    This 2009 YouTube video for the purported Biz AdSplash "advertising" program used the music of Fat Boy Slim. An emerging "advertising" opportunity known as Text Cash Network is using the same Fat Boy Slim music: "Right here, right now." While BAS purported to deliver "advertising" to computers, TCN purports to deliver it to cell phones.

  • In Rejecting Tortured Legal Constructions, Judges Across America Now Point To Utah Case Involving AdSurfDaily Mainstay Curtis Richmond

    UPDATED 11:54 A.M. ET (U.S.A.) Curtis Richmond claimed the federal judge overseeing the AdSurfDaily civil-forfeiture case in the District of Columbia was among a group of “Co-Conspirators” that included two federal prosecutors and a court clerk.

    The judge, Richmond claimed, was violating her oath and conspiring with another judge to deny ASD members justice. Prosecutors, meanwhile, were helping the judge interfere with commerce, according to Richmond. The judge rejected Richmond’s arguments — but it didn’t stop other ASD pro se litigants from advancing similar arguments.

    For his bid to intervene in the ASD Ponzi case, Richmond was labeled a “hero” on both the pro-AdSurfDaily “Surf’s Up” forum (now defunct) and on a forum that championed the AdViewGlobal autosurf (now defunct). Among Richmond’s boosters was “Professor” Patrick Moriarty, a Missouri man who once started a purported nonprofit in the name of a man accused of murdering a woman in cold blood and shooting a police officer.

    Moriarty later was indicted for tax fraud. He pleaded guilty after prosecutors said they had “casino” records and intended to use them in the case against Moriarty, who advertised that he sold fake academic degrees on e-Bay as “gag gifts.”

    Prior to Moriarty’s indictment, members of the Surf’s Up forum joined with him in forming a purported Missouri nonprofit known as ASD Members International (ASDMI). ASDMI’s stated mission was to litigate against the government for its role in the ASD Ponzi case.

    Utah resident and ASD figure Christian Oesch — later to join with Washington state resident and ASD figure Kenneth Wayne Leaming in a failed 2010 bid to sue the United States for more than twice the U.S. Gross Domestic Product in 2009 — filed pro se pleadings in the ASD case that championed Richmond’s take on the law.

    But Curtis Richmond’s court forays now have been cited by various judges in various jurisdictions as reasons to reject tortured legal constructions. A federal judge in North Dakota, for example, cited this Utah case involving Richmond as a reason to reject tortured arguments advanced by Michael Howard Reed, a so-called “sovereign citizen” now serving two prison sentences for federal crimes.

    One of Reed’s crimes was filing false liens and threatening a federal judge; the other was possession of a firearm and ammunition by a fugitive from justice.

    Richmond, a Californian who advanced the notion in the 2006 Utah case that he enjoyed diplomatic immunity that extended to him from an “Indian” tribe, became a figure in the ASD case in 2008. The “tribe,” which a federal judge ruled a “sham,” came to be known derisively as the “Arby’s Indians” because it once conducted a meeting at an Arby’s restaurant.

    Reed, whose name surfaced in the 2008 SEC Ponzi case against Gold Quest International after he claimed to be the “attorney general” of an unrecognized tribe and asserted a claim against the agency for $1.7 trillion, asserted in a separate case that the government could not prosecute him because he was immune to U.S. law and had trademarked his name.

    Here is a verbatim section from one of Reed’s nonsensical pleadings in federal court in North Dakota. (Italics/identation added):

    “boa-kaa-konan-na-ishkawaanden=Michael-Howard-Reed=original-creditor-original-beneficiary: for MICHAEL-HOWARD-REED=original-debtor-trustee agent; Under the Penalties of Perjury Affirm that MICHAEL HOWARD REED©TM is a Fictional Entity . . .”

    Richmond’s Utah case was cited in the North Dakota case as a reason to reject Reed’s bizarre arguments.

    It also was cited in this Colorado case in which a U.S. Magistrate Judge rejected the tortured legal constructions of Christopher Douglas Wise. Among other things, Wise, a prisoner in the Colorado state system,  asserted that he was a “secured party creditor” who’d never lived in the “District of Columbia” — and that somehow this alleged fact set destroyed the jurisdiction of the Adams County District Court in which he was convicted of a crime.

    In a separate case in Florida, a federal magistrate judge pointed to Richmond’s Utah “Indian” pleadings as a reason to reject arguments advanced by Timothy Black, who was serving two life sentences for sex crimes involving children and tried to overturn his conviction in part by claiming he had copyrighted his name and by arguing he was not subject to Florida law.

    “Petitioner was found guilty by a jury and convicted of two counts of sexual battery on a person less than twelve years of age, and one count of lewd or lascivious molestation on a person less than twelve years of age,  and sentenced to two terms of life and one term of thirty years, to be served concurrently,” the judge noted.

    Here is a verbatim section from Black’s court claims. (Italics added):

    “Therefore the Third Party [Intervener] is the party who is injured by the action at large as he is incarcerated as surety for his collateral, Debtor TIMOTHY W BLACK© Ens Legis . . .”

     

  • ‘TEXT CASH NETWORK’: RED FLAGS GALORE: New ‘Opportunity’ Linked To Ponzi Boards And To Phil Piccolo-Associated ‘Firms’: Hype, Vapid Claims, Alexa Charts, Launch Countdown Timer, Brand Leeching — And Possible Ties To Long-Running SEC Case

    Until four days ago, the OWOW website associated with Florida-based huckster Phil Piccolo shared this message about Text Cash Network (TCN) with visitors. Joe Reid, a Piccolo associate, is leading conference call-cheerleading for TCN. Reid previously led cheers for Data Network Affiliates, another business linked to Piccolo.

    EDITOR’S NOTE: A “program” known as Text Cash Network (TCN) that purports to share “advertising” revenue from text messages is spreading virally on the Internet. This column includes information prospective TCN members might want to consider before joining and asking others to join. There are red flags galore. Last week, the PP Blog compiled some research and sought comment from the SEC about the emerging program because the name of Brett Hudson, billed in TCN promos as the firm’s “president,” appears in a 2005 “press release” that quotes Hudson and Richard A. Altomare. The SEC acknowledged receipt of the Blog’s inquiries, but did not comment.

    Altomare, of Boca Raton, Fla., was sued in this 2004 SEC action amid allegations of penny-stock fraud coupled with bogus press releases. The case, which involved an Altomare company known as Universal Express Inc., evolved to become an exceptionally ugly one. Altomare ultimately was found in contempt of court for flouting judicial orders and ordered jailed in New York. The court-appointed receiver in the case allegedly received threatening emails from individuals unhappy about the SEC’s action and follow-up events.

    Here are quotes from two of the threatening emails, which allegedly were sent by investors. The quotes appear in an exhibit filed in federal court in the Southern District of New York:

    1.) ” . . . you are going to be hit with a shit load of lawsuits, and if justice doesn’t prevail the good old American way then I will make it my personal duty to enforce the justice and I along with others will come and beat your ass to a bloody pulp, along with Judge (jackass) Lynch . . .”

    2.) . . . you fu[!!!!!] slut . . . don’t get smart . . . you have no idea what could happen to you . . .”

    Hudson, who has not been accused of wrongdoing, was not named a defendant in the SEC case. TCN promoters have identified him as president of Universal Cash Express, a company with a name similar to Altomare’s Universal Express Inc. entity. The 2005 “press release” that quotes Hudson and Altomare also identifies Hudson as the president of Universal Cash Express. Altomare’s title was not listed in the 2005 release, but the document was issued under the name of Altomare’s Universal Express entity ensnared in the SEC probe.

    Until a few days ago, TCN was prominently featured on the website of OWOW (OneWorld, One Website), a site linked to Data Network Affiliates (DNA) and serial MLM scammer Phil Piccolo. Piccolo is known online as the “one-man Internet crime wave.”

    Like Altomare’s Universal Express Inc. entity, DNA was registered as a Nevada company. DNA, like  Universal Express Inc., also conducted business from Boca Raton. (See the Better Business Bureau listing for DNA, which purported to be in the business of helping the AMBER Alert program rescue abducted children — while also purporting to be in the cell-phone, mortgage-reduction and “resorts” businesses. Although DNA appears to be defunct, it maintains a website — one that once redirected to the OWOW website. While actively conducting its purported business, DNA made bizarre claims about “going public.” Such claims have been associated with penny-stock scams and securities fraud.)

    Joe Reid, a Piccolo business associate who helped DNA flog its mind-numbing mess to the international masses, was one of the speakers on a Nov. 11 TCN conference call. TCN is proceeding out of the gate in largely the same fashion DNA came out of the gate: conference calls featuring Reid, claims of rapid expansion involving tens of thousands of new recruits in days, a launch-countdown timer (now removed), suggestions of incredible earnings potential 10 levels deep, Blog and website posts, YouTube videos.

    Here, now, a list of  additional red flags and some additional background . . .

    RED FLAG: Piccolo has a history of threatening to sue critics and of planting the seed that, if lawsuits do not work, he knows people who can cause critics to experience physical pain. He is known to operate in the area of Boca Raton, although Piccolo also has been known to operate in California.

    RED FLAG: DNA promos in 2010 referenced a purported texting and data expert by the name of Anthony Sasso. Sasso, a convicted felon arrested in a 2005 racketeering case in Broward County, Fla.,  was described in DNA promos as “The King Of Data For Dollars” and was said to be the “owner of the largest database of text numbers in the world.” Although Sasso appears not to have been referenced in the context of TCN, both DNA and TCN purport to be in businesses that involve texting.

    RED FLAG: Early affiliates of TCN have identified Brett Hudson as the president of Text Cash Network Inc. Records in Wyoming show a company by that name was registered in the state on Nov. 8, 2011 — just days ago. Affiliates also have vaguely described Text Cash Network Inc. as “a new division of a five year old communications company owned 100% by The Johnson Group.” No state of registration was listed in promos that referenced The Johnson Group, and the “communications company” and the “division” under which Text Cash Network Inc. purportedly operates are far from clear.

    Wyoming records show a company by the name of The Johnson Group Inc., but it is unclear if it is the same company referenced by TCN affiliates. The Wyoming records of The Johnson Group entity contain this notation: “Standing – Tax: Delinquent.” The firm appears to have used a residential dwelling in New Jersey as the address of its corporate headquarters.

    RED FLAG: TCN’s website design and “prelaunch” approach are similar in a number of key ways to the tactics employed by DNA, which planted the seed last year that it could help the AMBER Alert program rescue abducted children by paying DNA members to record the license-plate numbers of automobiles for entry in a purported database. (Some of these commonalities are referenced lower in this story.)

    Until four days ago, a promo for TCN appeared on the website of OWOW, a site linked to Piccolo. (Referenced in Editor’s Note above.) The TCN promo then vanished mysteriously, possibly because Ponzi forum posters were questioning whether Piccolo was involved with TCN. The OWOW website previously was linked to the DNA scam, and also was linked to purported cancer cures.

    DNA — as is a Piccolo signature — sold the purported tax benefits of joining the DNA “program,” which traded on the names of Oprah Winfrey and Donald Trump and also purported to offer a “free” cell phone with “unlimited” talk and text for $10 a month. The purported cell-phone “program” used the intellectual property of Apple Inc., claiming that DNA had a “branding” relationship with the company led by the late Steve Jobs. No DNA cell phone appears to have emerged in the marketplace. No branding deal with Apple appears to have existed.

    RED FLAG: On its pitch page, TCN currently is publishing the logos of Groupon, Google Offers and Bing Shopping, among others. Last year — in addition to using the intellectual property of Apple and the images of Winfrey and Trump — DNA  used email pitches to compare itself to “FACEBOOK, GOOGLE & WALMART…” It is common for hucksters to tie an upstart business to an established business as a means of creating the appearance of legitimacy. Brand leeching is common in the worlds of MLM scams and securities swindles.

    RED FLAG: Joe Reid, the Piccolo business associate, has led the conference-call hype for TCN and has suggested TCN is the next Groupon, which recently conducted an IPO.  Reid also led the conference-call cheerleading last year for DNA, which purported to be “going public”  while making a bizarre reference to Martha Stewart. DNA appears never to have gone “public.” Some members said the firm never paid them, but continued to charge them — and at least one website is claiming that Piccolo (aka “Mr. P.”)  stiffed it on orders for bottled water in the OWOW program.

    Things got so strange at DNA that the firm asked members to imagine that an earlier “launch” (March 2010) had not occurred and to reimagine a relaunch that occurred last summer (July 2010) as the only time the company had launched.

    DNA members were told it was the “MORAL OBLIGATION” of churches to pitch the firm’s purported “program.” Some DNA promos accented DNA commissions purportedly paid 10 levels deep. TCN also is accenting a 10-level payment plan.

    RED FLAG: In November 2010, the PP Blog published a story about the FBI foiling a Thanksgiving holiday bombing plot at a Christmas tree lighting ceremony in Portland, Ore. The Blog’s report was wholly unrelated to DNA or OWOW.

    An OWOW/DNA/Piccolo apologist who identified himself to the PP Blog as “John” took great exception to the Blog’s report on the Portland plot, despite the fact the Blog’s report did not reference OWOW, DNA or Piccolo in any way.

    RED FLAG: Like DNA, TCN also is being promoted on Ponzi scheme forums such as MoneyMakerGroup.

    When things went south at DNA last year, the DNA site began to redirect to the OWOW site, which was hawking products linked to Piccolo, including a purported “magnetic” product that prevented leg amputations while also helping garden vegetables grow to twice their normal size.. The DNA site then mysteriously stopped redirecting to the OWOW site — on a date uncertain, but after Piccolo started promoting OWOW products as cancer cures or treatments. At least one OWOW affiliate was trading on the name of the National Institutes of Health.

    RED FLAG: Both the TCN site and the DNA site are using Alexa charts that provide viewers the same sort of fundamentally meaningless comparisons — while the sites accent the word “free.”

    RED FLAG: Like the DNA site, there is no obvious way on the TCN site for prospects to contact Support.

    RED FLAG: Like the DNA site, the TCN site is using Google Translate. The use of the Google service — along with other commonalities on both sites — leads to questions about whether TCN and DNA are using the same designer.

    DNA, like TCN, is using an Alexa chart. Both sites use Google Translate software.
    TCN, like DNA, is using an Alexa chart. Both sites use Google Translate software.

     

  • EDITORIAL: Bogdan Fiedur Of AdLandPro’s Deplorable Bid To Chill RealScam.com In The Age Of International Mass-Marketing Fraud

    A few weeks prior to the Aug. 1, 2008, seizure of tens of millions of dollars in the personal bank accounts of AdSurfDaily President Andy Bowdoin, Bowdoin apparently believed it prudent to plant the seed that the ASD autosurf had amassed a giant pot of cash and would use it to “hammer” critics. His willfully blind followers helped spread the word on forums that ASD detractors soon would feel the sting of being sued back to the Stone Age.

    Here, according to federal court filings, is what Bowdoin told ASD members at a company rally in Miami on July 12, 2008:

    “These people that are making these slanderous remarks, they are going to continue these slanderous remarks in a court of law defending about a 30 to 40 million dollar slander lawsuit. Now, we’re ready to do battle with anybody. We have a legal fund set up. Right now we have about $750,000 in that legal fund. So we’re ready to get everything started and get the ball rolling.” (Emphasis added.)

    Bowdoin thuggishly suggested that ASD had hired a law firm and that the firm was experienced at “bringing the hammer down on people that need it.” It is worth noting that federal prosecutors included the remarks attributed to Bowdoin in a document labeled “Government Exhibit 5.”

    Meanwhile, it’s also worth noting that “Government Exhibit 1” consisted of the 2006 SEC complaint against 12DailyPro that accused the firm of operating an autosurf Ponzi scheme. It was the government’s way of showing that autosurfs such as ASD rely on willfully blind promoters to proliferate. “Government Exhibit 2,” meanwhile, was the SEC’s 2007 complaint against the PhoenixSurf autosurf. The inclusion of this exhibit was another way to show willful blindness.

    One of the interesting things about the PhoenixSurf complaint was that it referenced Virtual Money Inc., which federal prosecutors in Connecticut later linked to alleged money-laundering by a narcotics cartel in Medellin, Colombia.

    Robert Hodgins, the operator of Virtual Money, is an international fugitive wanted by INTERPOL. ASD also used Virtual Money, according to promos for the firm. In December 2010, federal prosecutors said ASD also had a tie to E-Bullion, a shuttered California payment processor whose operator was accused (and convicted) of arranging the brutal slashing murder of his wife in a Greater Los Angeles parking garage. ASD also had a link to E-Gold, a processor convicted in a money-laundering conspiracy case. So did PhoenixSurf.

    “Government Exhibit 4” in the August 2008 ASD Ponzi case consists of surveillance photos taken in ASD’s hometown of Quincy, Fla. The date upon which the photos were taken is unclear, but it is known that the U.S. Secret Service began to investigate ASD on July 3, 2008, a little more than a week before the Miami rally.

    The entry of the Secret Service in the ASD case fundamentally sent two signals: The U.S. government believed its financial infrastructure might be under attack by an organization — ASD — that was trading on the name of the President of the United States. The SEC has said nothing about the ASD case — at least not in public. Bowdoin was indicted on criminal charges in December 2010. If he is convicted on all counts, the man who once claimed to have a giant pot from which he could draw to “hammer” critics could face up to 125 years in federal prison, fines in the millions of dollars and forfeiture orders totaling at last $110 million.

    In the earliest days of the ASD probe, at least three media outlets — including a local newspaper, a Blog and a regional publication — were threatened with lawsuits. Bowdoin ended up suing no one. In fact, within months he was consumed by litigation directed at him from virtually all fronts. Multiple civil-forfeiture complaints were filed, as was a racketeering lawsuit. These things occurred as a criminal investigation was unfolding slowly.

    For all these reasons and more, Bogdan Fiedur — and members of the AdLandPro online “community” — should perform a sober assessment of Fiedur’s recent threat to sue RealScam.com, an antifraud forum.

    Threats to sue journalists, media outlets, forums, Blogs and other websites that publish information about online schemes are bids to chill speech. These bids are occurring as an epidemic of white-collar crime and securities fraud is sweeping the globe during a period in which government budgets are strained and literally thousands of fraud investigations are under way that reach into all corners of the world.

    It is clear that online fraud is responsible for billions of dollars in global losses. These worlds are exceptionally murky. No one knows for certain where the money goes when fraud schemes disappear — as they so often do. It is equally clear that criminal puppeteers behind the schemes are taunting investigative agencies. From the standpoint of the U.S. government, the government and financial institutions are facing attacks of thousands of tiny cuts.

    Lanny Breuer, the head of the U.S. Department of Justice’s Criminal Division, testified on Capitol Hill yesterday that the “convergence of threats” posed by transnational organized crime is “significant and growing. ”

    “Transnational organized crime is increasing its subversion of legitimate financial and commercial markets, threatening U.S. economic interests and raising the risk of significant damage to the world financial system,” Breuer told the Senate Judiciary Subcommittee on Crime and Terrorism.

    Despite worldwide headlines of one massive fraud scheme after another — and despite the fact that the financial lives of real human beings in all corners of the world are being reduced to rubble by serial Ponzi schemers and scammers — Bogdan Fiedur is threatening to sue RealScam.com.

    At a minimum, it is a PR blunder of the highest magnitude. Bowdoin made the same mistake. So did Data Network Affiliates (DNA), a purported business “opportunity” associated with serial huckster Phil Piccolo, who once planted the seed that, if lawsuits didn’t work, he knew the type of people willing to break legs to silence critics. One apologist for Piccolo and DNA planted the seed that a former federal prosecutor, federal judge and director of the U.S. Department of Homeland Security was a suspect in the 9/11 terrorist attacks.

    It doesn’t get much more bizarre than that — unless one is willing to consider that Bowdoin now is trying to raise funds for his criminal defense on Facebook and claiming that God established a program known as OneX to help him do just that.

    OneX is among the “programs” promoted by members of the AdLandPro “community” — as were ASD and Finanzas Forex (and many others) before it.

    And yet Fiedur apparently believes he can chill RealScam.com into stop doing what it does by registering a domain titled “RealScamClassActionSuit.com.”

    Inverting reality, the purported class-action site ventures that “RealScam encourages cyber-bullying and cyber-stalking by allowing the creation of anonymous accounts and by allowing the users to present of (sic) unproven accusations towards individuals of their targeted organization. The RealScam.com turns out to be just a harassment and bashing site with no verification of facts and indiscriminate attacks at anyone who looks like an easy target.”

    It’s easy to imagine Andy Bowdoin or Phil Piccolo saying the same thing — while doling out accolades to the AdLandPro “community” for its excellent judgment about the types of “programs” the world’s masses should be joining.

    “The wealth generated by today’s drug cartels and other international criminal networks enables some of the worst criminal elements to operate with impunity while wreaking havoc on individuals and institutions around the world,” Breuer of the Justice Department observed yesterday. “Generating proceeds often is only the first step — criminals then launder their proceeds, often using our financial system to move or hide their assets and often with the help of third parties located in the United States. Indeed, international criminal organizations increasingly rely on these third parties and on the use of domestic shell corporations to mask crimes and launder proceeds under the guise of a seemingly legitimate corporate structure.”

    And then Breuer asked the Senate panel to enact legislation that would strengthen money-laundering and asset-forfeiture laws and broaden the federal RICO statute.

    Whether the Senate — and the Congress as a whole — will listen is unclear. What is clear is that, at least in the context of online fraud schemes, victims are piling up in numbers that America’s largest sports stadiums cannot accommodate. Losses are in the billions. Vast sums of wealth have been taken from rightful owners and placed in the hands of criminals.

    It is simply beyond the pale that Fiedur asserts that RealScam.com is a menace, when it is one of the few sites in the world that tasks itself with exposing the menace of international mass-marketing fraud that occurs over the Internet.

    One final thing worth mentioning: A few weeks before Breuer ventured to Capitol Hill to testify before the Senate panel, he carried out another important public duty.

    On Sept. 26, Lanny Breuer joined U.S. Attorney Ronald C. Machen Jr. in announcing that ASD victims who filed successful remissions claims in the civil Ponzi case were getting $55 million back.

    “We will continue to use every tool at our disposal to bring justice to the citizens defrauded by these insidious schemes,” Breuer said.

    Get a clue, Mr. Fiedur.

    Visit RealScam.com.

  • Alfred Gerebizza Arrested In $105 Million Ponzi Case; PP Blog Received Threatening Communication About Alleged Fraud Caper Last Year

    UPDATED 5:25 P.M. EDT (U.S.A.) Alfred Gerebizza has been charged with mail fraud and tax crimes in a superseding indictment in the Daniel Spitzer Ponzi case, which alleged both domestic and offshore fraud. The SEC initially charged Spitzer civilly in June 2010, accusing him of “moving investor money through a complex network of foreign bank and brokerage accounts” and spending more than $900,000 “in cash at the Wynn Las Vegas Casino.”

    Spitzer later was charged criminally after investigations by the FBI, the U.S. Postal Inspection Service and the IRS.

    Gerebizza, 56, formerly resided in the Chicago suburb of Crystal Lake. A criminal indictment against him was unsealed last month, and Gerebizza surrendered in Atlanta, federal prosecutors in the Northern District of Illinois said yesterday. He is in federal custody at a prison facility in Chicago, according to records.

    The superseding indictment naming Gerebizza as a new criminal defendant with Spitzer alleges that Gerebizza was a pitchman who “held himself out as a trader for a dozen investment funds, known collectively as the ‘Kenzie Funds,’ purportedly operated by Kenzie Financial Management in the U.S. Virgin Islands.”

    Spitzer was a Kenzie principal, prosecutors said. He has been charged with 10 counts of mail fraud.

    Gerebizza faces 10 counts of mail fraud and six counts of filing bogus tax returns. Both men were named in forfeiture allegations that seek $34 million.

    “Through sales agents and various marketing materials, they informed investors and potential investors that their investments would be used primarily in foreign currency trading, that the Kenzie Funds had never lost money, and had achieved profitable historical returns,” federal prosecutors said of Spitzer and  Gerebizza. “The defendants had to continually raise funds through the solicitation of new investors in the Kenzie Funds to make payments on investments made by earlier investors, all of which they concealed and intentionally failed to disclose to both new and earlier investors. Ultimately, between 2004 and July 2010, the defendants allegedly raised approximately $105 million from investors, misappropriated a significant portion of those funds, and caused losses totaling approximately $34 million.”

    On Sept. 12, 2010, the PP Blog received a communication purportedly from Gerebizza that threatened a lawsuit if the Blog did not remove Gerebizza’s name and/or alter or delete comments from readers.

    “I will sue you personally as well as your web site for slander as well as other charges,” the communication read in part.

    The Blog did not submit to the threat. Instead, the Blog reported on the threat.

    It is somewhat common for the PP Blog to receive threatening communications related to its coverage of Ponzi probes.

  • URGENT >> BULLETIN >> MOVING: ALLEGED ‘PUPPETMASTERS’ EXPOSED: Feds Charge 5 Attorneys, 2 Mob Figures And CPA In Extortion Scheme That Led To ‘Illegal Takeover’ Of FirstPlus Financial Group Inc.; Scheme Featured ‘Fraudulent SEC Filings,’ U.S. Attorney Says

    URGENT >> BULLETIN >> MOVING: Thirteen people have been arrested, including five attorneys, a CPA, two alleged mob associates and others in a spectacular case that alleges the mafia and its underlings illegally took over FirstPlus Financial Group Inc., a publicly held company in Texas.

    “[T]he defendants gave new meaning to ‘corporate takeover’ by looting a publicly traded company to benefit their criminal enterprise,” said U.S. Attorney Paul J. Fishman of the District of New Jersey.

    Charged were attorneys William Maxwell, Cory Leshner, David Adler, Gary McCarthy and Donald Manno. Their ages and addresses were not immediately clear. Howard Drossner, whom federal prosecutors described as a CPA, also was charged.

    Nicodemo S. Scarfo, an alleged member of La Cosa Nostra and the Lucchese organized crime family, also was charged, as was Salvatore Pelullo, an alleged LCN and Lucchese family associate.

    “Through rampant self dealing, fraudulent SEC filings and more traditional mob methods, the defendants allegedly stole $12 million from shareholders,” Fishman said. “Particularly in these economic times, investors should be free to invest in public companies without fear that violent criminal organizations are their puppetmasters.  And the public deserves to rely with confidence on corporate officials and professionals whose positions require them to act in the best interest of shareholders, not members of organized crime.”

    “The indictment alleges that Mr. Scarfo and Mr. Pelullo used economic extortion and threats of violence to seize and maintain control of a publicly traded company, successfully removing its entire existing board of directors and management,” said Assistant Attorney General Lanny A. Breuer.  “Once in control, they allegedly used their criminal enterprise to extract millions of dollars from the company to fund their lavish lifestyles.”

    Breuer is head of the Justice Department’s Criminal Division.

    Read the Feds’ news release for other names and details.

  • BULLETIN: Already Sentenced To 30 Years In California Ponzi Caper, Purported ‘Sovereign Citizen’ Thanh-Viet ‘Jeremy’ Cao Gets More Time In Nevada False-Liens Case

    BULLETIN: Thanh-Viet “Jeremy” Cao, the California Ponzi schemer and purported “sovereign citizen” who was sentenced in May to 30 years in federal prison for the Ponzi caper, now has been sentenced to an additional 41 months for a Nevada crime in which he filed false liens for hundreds of millions of dollars against government officials.

    Under investigation by the U.S. Secret Service, the Justice Department, the SEC and the IRS, Cao reacted by filing 22 false liens against against “SEC attorneys, U.S. District Court Judges, U.S. District Court Magistrate Judges, the U.S. Attorney for the Southern District of California, Assistant U.S. Attorneys, USSS special agents and special agents of the IRS,” the Justice Department said.

    Cao pleaded guilty to six counts of filing false liens in which he listed the federal officials as “debtors,” prosecutors said.

    It was not immediately clear if Cao’s sentence in the liens case will run concurrently or consecutively to the 30-year sentence in the Ponzi case. In May, U.S. Attorney Laura E. Duffy of the Southern District of California described Cao as a “financial predator.”

    The Ponzi scheme sentence was among the longest in the history of Southern California, and investigators said Cao kept his victims in a state of terror by telling them he knew people who previously had “chopped up” a baby in front of the baby’s parents, and then killed the baby’s mother,” prosecutors said.

    As part of his liens fraud, Cao developed a “hit list” in which he promised to obtain certain personal information of government offcials “so he could ruin them financially,” prosecutors said.

  • SEC: Federal Judge Orders Asset Freeze Amid Allegations That ‘Locust Offshore Fund Ltd.’ Was A Fraud Pulled Off By Man Who Falsely Claimed 2 Harvard Degrees; Andrey C. Hicks Accused Of Faking Academic And Employment Pedigrees And Sanitizing Fraud Through Website

    In yet another bizarre and disturbing development on the fraud front, the SEC went to federal court in Massachusetts yesterday, leveling spectacular allegations of financial deceit against Locust Offshore Management LLC of Delaware and Cambridge, Mass., and its principal, Andrey C. Hicks of Boston.

    Named a relief defendant was Locust Offshore Fund Ltd., a purported hedge fund in the British Virgin Islands that is alleged to have been the bogus recipient of ill-gotten gains.

    Neither of the Locust entities was registered with the SEC, and claims that Locust was properly registered and in good standing in the British Virgin Islands were false, the agency alleged.

    Although Hicks, 27, planted the seed he had both undergraduate and graduate degrees from Harvard, the claims were false, the SEC said.

    Nor was Hicks ever employed by Barclays Capital as he claimed, the agency charged.

    Meanwhile, Ernst & Young — contrary to the claims of Hicks — was not the auditor of the Locust Fund, the SEC charged. At the same time, Credit Suisse was not the fund’s prime broker and custodian, and the fund was not incorporated in the British Virgin Isles as Hicks had claimed, the agency added.

    The scheme operated in part through a website designed to trick investors, the SEC said. Despite high-sounding claims on the site that the “firm’s quantitative strategies are based on mathematical models developed by the fund’s manager, Andrey C. Hicks, during his tenure at Harvard University and are executed by computer software,” Hicks attended Harvard for only three semesters as an undergraduate — and flunked out twice, the SEC alleged.

    He was not permitted to re-enroll after his second dismissal, the SEC charged. During his brief time at Harvard, Hicks took only one math course, carding a D-minus, the agency said, quoting records from the prestigious university.

    None of these things, however, kept Hicks from creating a website and using it to mask the fraud and sanitize the scheme, establishing Locust Offshore Management LLC  as a Delaware corporation, opening business and personal checking accounts, creating offering materials for his unregistered firm purportedly operating offshore — and hawking his fraud scheme, the SEC charged.

    Hicks met one of his customers on an “airplane,” telling his fellow voyager that Locust had $1.5 billion under management , that he had a PhD in “applied mathematics” from Harvard and had developed his trading skills at Barclays before setting out on his own at Locust, the SEC charged.

    Among other things, Hicks told his airplane mark that Barclays was a “large investor” in the Locust fund and touted the Locust website. The pair exchanged business cards, the SEC said.

    After meeting Hicks on the plane, the investor visited the Locust website last month, viewing purported data about the firm, including a claim that the fund had more than $1.2 billion under management and had generated  “an incredible year-to-date return of 78.59 percent,” the SEC alleged.

    “All of the financial data appeared on web-pages that described the data as ‘powered by Credit Suisse,’ creating the false and deceptive impression that the data came from Credit Suisse,” the SEC charged.

    In reality, the SEC charged, bank records showed that the enterprise had only about about $1.7 million under management.

    Based on the false information provided by Hicks, the investor plowed $100,000 into the scheme, the SEC said, alleging that, within days of the September investment, Hicks moved the money into his personal checking account.

    Between June 2, 2011 and Oct. 11, 2011, other investors from Massachusetts, Minnesota and Iowa appear to have plowed more than $1.6 million into the scheme — with $83,000 being the low-end investment and $500,000 being the high end, the SEC alleged.

    “Substantially all” of the money was transferred to to “checking and savings deposit accounts in the sole, personal name of Hicks,” the SEC charged.

    U.S. District Judge Richard Stearns ordered an asset freeze, the SEC said.