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Tag: SEC

  • Jury Convicts Florida Woman Who Ran Bizarre Ponzi And Fraud Scheme With Husband; Marian I. Morgan Guilty On All 22 Counts, Including Wire Fraud And Money-Laundering

    A 57-year-old Florida woman who ducked out of the United States with her husband after becoming implicated in a $28 million HYIP/prime-bank swindle has been found guilty of wire fraud, money-laundering, conspiracy, interstate/foreign transportation of stolen funds and tax crimes, U.S. Attorney Robert E. O’Neill of the Middle District of Florida announced.

    The investigation into the business affairs of John and Marian Morgan of Sarasota began as an SEC civil case and morphed into a 22-count criminal prosecution with bizarre international and domestic twists. The Morgans initially high-tailed it for Europe in a bid to duck the SEC and then ventured to the island nation of Sri Lanka, where they were jailed in 2009 for passing a “forged instrument,” expelled and returned to the United States.

    John Morgan pleaded guilty to criminal charges of wire fraud and conspiracy in June 2011. Marian Morgan, whom the Sarasota Herald Tribune reported two years ago had text-chatted with her gardener to make sure he was maintaining the couple’s Florida mansion while they were jailed in Sri Lanka, chose to go on trial.

    The Morgans were fraudsters at the helm of Morgan European Holdings, a Ponzi factory with a high-sounding name.

    “They promoted sham ‘high yield/ prime bank note’ investment programs through the company, promising investors that they would receive returns of 200-300% in three months and that their principal funds would be held safe in an escrow account in Denmark,” prosecutors said. “Evidence at trial, however, showed that the Morgans spent approximately $11 million of investor money on themselves soon after investors wired the funds to the escrow account. The Morgans purchased luxury automobiles, a waterfront mansion, and numerous luxury items with investor funds.”

    While jailed in Sri Lanka, Marian Morgan complained to a U.S. judge about “filthy” conditions and being housed alongside “murderers and heroin dealers,” according to court records.

    She told the same judge that the couple’s “biggest client”  in the United States hired them to lay the banking groundwork for $1.6 billion in infrastructure projects” in Sri Lanka and the Maldives and that the government of Sri Lanka had falsely accused them of presenting a “forged bank document.”

  • BULLETIN: SEC Says Utah Scammers Funneled Money To 2 Ponzi Schemes; Christopher A. Seeley, Justin G. Dickson Accused Of Conducting Offering Fraud That Raised Millions

    BULLETIN: The SEC has gone to federal court to accuse two Utah men of conducting a $7.9 million offering fraud in which money that flowed from investors was used to prop up two Ponzi schemes.

    Named defendants were Christopher A. Seeley, 36, of Herriman,  and Justin G. Dickson, 35,  of Salt Lake City. The offering fraud was conducted through Draper, Utah-based entities collectively known as “Alden View”: AVF Inc. and AV Funding LLC. The firms were described as unregistered “hard money” lending businesses that issued promissory notes that promised a high rate of return backed by real estate and quality due diligence on its borrowers, the SEC charged.

    Both of the Alden View entities now are defunct, and investors are out at least $6.3 million, according to the SEC.

    “In reality” the SEC charged, “Alden View funneled the majority of its investors’ funds into two Ponzi schemes that were run by its most significant borrowers.”

    The hard-money scheme lasted between 2006 and 2009, affecting at least 50 investors from “multiple states” who believed they were funding a sophisticated real-estate business, the SEC charged.

    The SEC identified one of the Alden View borrowers as Louis Dean Parrish, who also had a bankruptcy on his record.

    A man by the same name was identified by the state of Hawaii last year as a possible Ponzi schemer. Records in Utah show a 48-year-old man by the name name was booked by the Salt Lake County Sheriff’s Office on Aug. 31 on charges of racketeering, securities fraud, communications fraud and customer abuse.

    Louis Dean Parrish listed an address in Sandy, Utah, when booked, according to sheriff’s office records.

    In 2010, Hawaii TV station KITV4 reported that a man by the same name was a suspect in an affinity-fraud and investment scheme targeted at Mormons in the state.

    Utah has been plagued by fraud schemes targeted at people of faith, the FBI said last year.

    Seeley and Dickson “made false, fraudulent, and material misrepresentations and omissions” to investors in their promissory notes, the SEC charged.

    Read the SEC complaint.

  • NEW ADSURFDAILY DISASTER? Andy Bowdoin Says Prosecutors Returned ‘Advertising Expenses’ To Members, Not Proceeds Of A Ponzi Scheme; ‘Government Forced Members To Sign . . . Untrue Statement To Get A Refund,’ ASD Patriarch Claims

    Andy Bowdoin: Is ASD's patriarch now accusing the government of subornation of perjury?

    UPDATED 3:44 P.M. EDT (U.S.A.) Facing felony charges of wire fraud, securities fraud and selling unregistered securities and the potential of 125 years in prison, accused Ponzi schemer Andy Bowdoin has responded by accusing federal prosecutors in the District of Columbia of forcing members to lie to qualify for compensation from a victims’ fund in the AdSurfDaily case, according to an email ASD members have received.

    Last week, the government released $55 million seized in the ASD case and began to distribute it through Rust Consulting Inc., the remissions claims administrator approved by the U.S. Department of Justice and the U.S. Secret Service. Members began to receive payments Friday. About 8,400 ASD members filed approved claims, according to the government.

    In an email to ASD members yesterday in which Bowdoin continued his efforts to solicit $500,000 to pay for his criminal defense, the ASD patriarch suggested  prosecutors had set up the remissions program to dupe them into identifying themselves as crime victims. (Emphasis added.)

    “We need the legal defense funds now more than ever to combat this great injustice where the government forced members to sign the untrue statement to get a refund of their monies,” Bowdoin claimed in the email.

    The remissions money was not the proceeds of a Ponzi scheme, Bowdoin claimed. Rather, the money members received constituted a return of their “advertising expenses.”

    Bowdoin did not explain in the email what he intended to do if the government produced evidence that people were advertising nonexistent businesses on ASD’s closed network. Nor did he explain what he would do if the government produced evidence that the sums sent to ASD for individual advertising purchases bore no connection to the real world: a sole proprietor of an MLM sideline business hawking fruit juice who historically posted $5,000 in gross revenue suddenly spending three times that amount to advertise on ASD, for example.

    Bowdoin himself was accused in 2008 of advertising a failed, dissolved business in his own advertising “rotator” to generate purported “rebates.” In making the assertion, the government effectively was claiming that even a nonexistent business — or perhaps even a blank page or a page that promoted a personal Facebook site — could generate a return on investment if inserted in ASD’s rotator.

    “To secure some of ASD’s rebates himself, Bowdoin promoted a bogus website through ASD,” prosecutors claimed on Aug. 25, 2008. “Bowdoin explained to the Secret Service that he used the ‘advertising’ he secured from ASD to promote GPS Tech, an unsuccessful business endeavor that had already been dissolved.”

    In a footnote within the three-year-old filing, prosecutors claimed “Bowdoin also acknowledged that he modeled ASD after12dailypro, that ASD had no significant income (except maybe a couple thousand dollars) other than what its members paid in (and expected back as rebates). Bowdoin said he was not sure how ASD differed from 12dailypro except, he said, ASD did not guarantee a particular percentage, and its payments were only based on its sales. Bowdoin acknowledged that representations that he had met with the Securities and Exchange Commission (SEC) in Washington, DC, and representations that a team of SEC attorneys that he hired had approved of his operation were made up, as was ASD’s representation that Bowdoin had been awarded a Medal of Distinction by President Bush for business acumen.”

    12DailyPro was an autosurf successfully sued by the SEC in 2006 amid allegations it was operating a massive online Ponzi scheme. Prosecutors said later that Bowdoin had a “silent partner” in ASD — and that the silent partner had been Bowdoin’s 12DailyPro sponsor. The government has said all along that ASD falsely traded on Bush’s name to sanitize a fraud that gathered tens of millions of dollars.

    The U.S. Secret Service and prosecutors said in August 2008 that Bowdoin had disguised his securities venture as an advertising company that paid “rebates” of 125 percent. They later said that ASD’s internal computer systems described payouts to members as “ROI” — for “return on investment.”

    Bowdoin, though, claimed yesterday that ASD, “by definition,” was not a Ponzi scheme. He did not addresses the government’s contention about the “ROI” reference, instead insisting that ASD offered “no guarantees” that members would receive payouts. In August 2008, the government claimed that ASD’s Terms of Service included these words:

    “Advertisers will be paid rebates until they receive 125% of their ad purchases.”

    An expert witness hired by ASD acknowledged in 2008 under cross-examination that the words had appeared in ASD’s TOS. Despite the fact that the TOS document has been a matter of public record for more than three years, some ASD members claimed that the government has produced no evidence and that ASD members who agreed that they are victims of a massive financial crime will be “torn apart” on the witness stand by ASD’s lawyers.

    The “torn apart” claim was made on Jan. 17, 2011, two days before the deadline for ASD members to file a remissions claim with Rust in the case. The claim followed previous claims that a “group” of ASD members might sue persons who identified themselves as victims.

    Bowdoin, 76, further claimed in yesterday’s email that, at his upcoming trial, the government will use claims forms signed by members to prove “they were ‘investors’ and therefore victims” of a Ponzi scheme.

    On Jan. 23, 2009 — just 10 days after Bowdoin withdrew his claims to the seized money “with prejudice” and just one day after a federal judge memorialized Bowdoin’s withdrawal and consent to forfeit the seized money — federal prosecutors explained the law to ASD victims and said the compensation program would be governed by these federal regulations. (Emphasis added in next paragraph.)

    “Under Section 9.8(a)(1) and (2) of Title 28 of the Code of Federal Regulations, in a petition for remission or mitigation of forfeiture a non-owner victim must demonstrate that it suffered a pecuniary loss of a specific amount directly caused by the criminal offense(s) underlying the forfeiture, or a related offense, and that the loss is the direct result of the criminal acts,” the government said in explaining remissions regulations.

    A month later — in February 2009 — Bowdoin reentered the case as a pro se litigant and sought to rescind his decision to submit to the forfeiture. That effort failed after months of legal wrangling, and U.S. District Judge Rosemary Collyer issued a final order of forfeiture for the lion’s share of the seized funds in January 2010.

    Bowdoin appealed that order and a separate forfeiture order issued by Collyer, but lost both cases in the U.S. Court of Appeals.

    In April 2009, in response to Bowdoin’s pro se pleadings, prosecutors revealed that Bowdoin had signed a proffer letter in the case and acknowledged that the government’s material allegations were all true. Bowdoin later revealed in his own court filings that he had met with prosecutors over a period of at least for days in late 2008 and early 2009 and had given information against his interests.

    In yesterday’s email, Bowdoin did not address the proffer issue and his own acknowledgment that he’d provided information against his interest in the hopes of receiving a sentencing reduction. Instead, he asserted that he had “very strong feelings about what the govt. is really doing.

    “[B]ut due to my court case and upcoming trial, I can only pass on a statement made by one of the attorneys on my Legal Defense Team, in response to the govt. media press release issued on Monday, Sept. 26th, with the headline – “$55 MILLION BEING RETURNED TO VICTIMS OF INTERNET FRAUD – Victims Receive Forfeited Ponzi Scheme Proceeds,” Bowdoin continued.

    “I am in full agreement with what my attorney had to say about this govt. press release, which is in ‘quotation marks’ as follows:

    ‘The release is a gross distortion of the facts. There are no ‘victims.’ Not a single person lost a dime until the government shut down the business. These customers bought advertising on the net. They were not investors.’”

    Bowdoin did not say whether the email he sent to members yesterday in which he claimed the government “forced” members “to sign the untrue statement” to qualify for remissions was approved by his attorney.

    Bowdoin fired his original attorneys in 2009, after he had submitted to the forfeiture and agreed to cooperate in the investigation. He later hired replacement attorneys.

    Prior to Bowdoin’s email, an ASD members who identified herself as “Sara” claimed in an email that some ASD members had received amounts like “$50,000 and $60,000” back through the remissions program.

    The email attributed to “Sara” painted a picture of a government conspiracy.

    One apparent ASD member posting on Bowdoin’s Facebook fundraising site claimed last week that he received back $27,690 through the remissions program. The person did not say whether the business he had advertised on ASD had posted revenue that would justify such an advertising purchase, and the government had no comment on the Facebook assertion.

  • EDITORIAL: As Financial Fraud Enforcement Task Force Website (StopFraud.gov) Spotlights AdSurfDaily Prosecution, Bizarre Email Circulating Among ASD Members Raises New Conspiracy Theories

    UPDATED 10:31 A.M. EDT (U.S.A).

    ASD case subject of discussion in Washington’s highest power corridors: The Financial Fraud Enforcement Task Force was formed by President Obama in November 2009. U.S. Attorney General Eric Holder, a member of the President’s cabinet and the chief law-enforcement officer of the U.S. government, presides over the Task Force.

    Secret Service is charter member of Task Force. The U.S. Secret Service, whose duties include protecting the President of the United States, the integrity of the economy and the financial infrastructure of the nation, is a member of the Task Force.

    Among the allegations in the ASD case is that members were falsely trading on the name of then-President George W. Bush to sanitize a $110 million Ponzi scheme, that ASD President Andy Bowdoin encouraged the false claims and arranged to spend Ponzi proceeds to retire the $157,000 mortgage on a home in Tallahassee occupied by his wife’s son and the son’s wife, purchase a lakefront home in Florida, purchase an $800,000 building (for cash), purchase jet skis, a Cabana boat, haul trailers and marine equipment — all while owing restitution to victims of an Alabama securities caper in the 1990s and “thousands of dollars” to an ex-wife.

    Some of the purchases occurred within days of Bowdoin’s return from a May 2008 ASD “rally” in Las Vegas at which he defined himself as a Christian “money magnet” and encouraged others to follow him in thanking God and becoming like-minded “money magnets.” At the rally, Bowdoin urged members not to miss the opportunity to provide ASD with money by the tens of thousands or hundreds of thousands of dollars at a time, according to records.

    “Thank you, God, for destining me to great wealth,” he exhorted the Las Vegas crowd to internalize and recite during the day.

    And he exhorted members to picture themselves wealthy.

    “See a big check coming in from AdSurfDaily,” he urged. “I signed a check the other day, about $22,000. See those checks like that coming for you constantly, just flowing to you.”

    One of Bowdoin’s business partners — Walter Clarence Busby Jr., the operator of the Golden Panda autosurf — was implicated by the SEC in three prime-bank schemes in the 1990s, according to records. Golden Panda, according to Busby, was hatched after he went fishing with Bowdoin on a Georgia lake in April 2008. Just days after the fishing expedition, Bowdoin boarded a plane and flew to Costa Rica, according to court filings.

    Weeks after his return from Costa Rica, Bowdoin headed to Washington, D.C., to rub elbows with politicians, according to court filings.

    Read the full news release on the AdSurfDaily case here. It is published on StopFraud.gov, the Task Force website.

    New conspiracy theory emerges after government compensates ASD victims. As often has been the case, some ASD members appear not to have taken the clue that top Justice Department officials and perhaps the White House itself are being briefed on developments in the ASD case. The ASD case became a national-security case when the U.S. Secret Service discovered in 2008 that Andy Bowdoin, a recidivist securities swindler in his seventies who allegedly had “earned no significant income from legal employment in the twenty years prior to his commencement of ASD’s operation,” suddenly was sitting on tens of millions of dollars and had handed out some of it to political rainmakers.

    Some of the handouts, which came in the form of contributions to the National Republican Congressional Committee (NRCC), occurred in early 2007, even as the first Ponzi scheme iteration of ASD was collapsing and the firm’s original members were left holding the bag while Bowdoin explained $1 million had been stolen by “Russian” hackers. Bowdoin did not file a police report about the purported theft because he did not want to draw the attention of law enforcement, according to court filings.

    The NRCC handouts continued in 2008, after Bowdoin had changed the name of his collapsed autosurfing venture from AdSurfDaily to ASD Cash Generator, plumbed it with new cash from a new group of suckers, started a second Ponzi venture known as LaFuenteDinero, arranged with Busby to form a third Ponzi-in-waiting  (Golden Panda) and had flown to Costa Rica with a “North Carolina lawyer” (and co-owner) of LaFuenteDinero, according to court filings and Federal Election Commission records.

    In a bizarre email that began to circulate among ASD members yesterday, the seed was planted that that the government was trying to recruit witnesses by luring them with remissions payments — and that prosecutors might claw back the remissions money if  the member “did not cooperate in testifying against ASD.”

    The date upon which the email was written could not immediately be determined, but the email appears to be the second in a two-part series sent after ASD members began to receive remissions payments late last week.

    The content of the email, which was described as “insider information” and attributed in part to an unamed third party who purportedly overheard a conversation involving a federal prosecutor at an unspecified location, was titled, “Important Warning: ASD/Golden Panda.”

    Among the suggestions in the email was that the government planned to “force” ASD members who received remissions distributions to testify against Bowdoin in his upcoming criminal trial on charges of wire fraud, securities fraud and selling unregistered securities. The email was signed “Sara.”

    Here is the email verbatim (italics added):

    “Hi Everyone-

    Since I sent the last email update about ASD/Golden Panda monies being received by members, I received some very important insider information you should know. This is an important warning.

    The information (these are not quotes) I am sharing with you was spoken by and was heard directly from an attorney for the government, in relation to the ASD legal case. I must protect the source but I can assure you it is reliable (it is not Andy). I was told that the person heard the government attorney say they had hired the Rust Company to send a remission form by email and US-mail to ASD and Golden Panda members. The form was to be sent under the pretense that the member would get their money back if they filled out the form to request a remission of their ASD/Golden Panda monies seized by the government on 8/1/08. Those members would then receive their remission monies directly into their bank accounts, but the attorney said that their names would go onto a list and they would then be summoned by the court (at the members own expense) to testify against ASD. They would be forced to testify against ASD even if they did not believe that ASD was illegal, because the form they signed was set up in such a way that the member was essentially stating that ASD victimized them in an illegal business. I’m imagining a typical scenario in court would be: The attorney for the government would read statements from the form and the member’s answers and then say something like, “Is this your signature?” to force the member into saying that the statements were theirs.  And, take note, that it was also mentioned by the attorney that the direct deposit into the member’s account could be reversed at any time if ASD should eventually lose the case or if the member did not cooperate in testifying against ASD. If the money isn’t in the account anymore, it would be money owed back to the government, so moving the money would not help. The addendum that I was advised to suggest to you if you were drawn to fill out the form (sent by the Rust Company on behalf of the government) that stated that you did not make an investment in ASD/Golden Panda, but rather bought advertising, would apparently protect you from the government’s tactics, but I honestly do not know that for sure.

    Many of us had major red flags when we read the form as it was obvious what the government was trying to do. That’s why it was advised that members add the addendum to their form, to protect themselves from the government’s deceptive practices. So pray about how you should proceed. Please don’t ask me. I can’t make this decision for you.

    God’s Blessings,

    Sara

    The email appears to have followed the email below, which divines a construction by which  the government seized ASD money illegally and set up the remissions program only because ASD members outraged at the illegal seizure demanded the return of their funds (verbatim/italics added):

    “Dear ASD & Golden Panda Members-

    I have some news! ASD and Golden Panda Members have recently received a “remission” of the money that was in their ASD and/or Golden Panda accounts, deposited directly into their personal bank accounts by the government; amounts like $50,000 and $60,000 and it was apparently 100% of the money that was owed to them!

    Personally, I am stunned. My experience over the last decade or more has been that the government has never fulfilled their obligation to return money they have seized from programs they deemed illegal. My opinion is that they are scrambling to do this in order to diffuse the outrage ASD members have felt toward the government from their (in my opinion, illegal) seizure of members’ account funds, so that members will have less opposition toward the government during the eventual ASD trial.

    But, for whatever reason the government is doing it, it is irrelevant to those relieved members who are finally receiving justice from this (in my opinion, illegal) seizure.

    If you have not received your remission, you can go to this website to fill out the form there: adsurfdailyremission.com. You can also call the following toll free information line for more information and even talk to a customer service agent in person to ask any questions you might have about this process: 888-398-8214. The following email address has also been provided to communicate about this: info@adsurfremission.com You will notice that, in the recorded message, the government does NOT back down in their assertion that Golden Panda and ASD were illegal ponzi schemes, but that is obviously not stopping them from returning members’ funds.

    Some of you will notice that this form is the one that many of you did not feel inspired to fill out when it was first presented to us. It really puts members in an uncomfortable position of stating that they were victims of ASD/Golden Panda when they don’t believe they were and many felt as if they were also being set up to incriminate themselves.

    At the time, I was advised to suggest to you that, if you felt drawn to fill it out, you include an addendum that stated that you understood that you were purchasing advertising, not making an investment. That continues to be the advice. Now that people are actually receiving their money back, perhaps some of you may feel more motivated to risk filling out the form. Just be careful not to incriminate yourselves. Be alert as you do it. Do not leave any question unanswered or it will be rejected. You must also provide documentation so hopefully you kept good records.

    You will notice on that website (upper left corner) that it says that you must fill it out and submit it by a date in January, 2011. The way around this may be to say that you just found out about it (you didn’t get their letter in the mail or an email from them) and therefore you are only responding to it now. You might want to make that clear to the Customer Service agent at the number above BEFORE you take the time to fill it out, to confirm that they are still accepting them. If not, take a stand for your right to your monetary remission and ask for a supervisor. I am hearing that they are swamped trying to keep up with the communications they are receiving from members, so please be patient.

    Blessings,

    Sara

    Read a January 2011 story about ASD-related emails. Read a November 2010 story. Read another November 2010 story. Read a December 2009 story.

  • Accused Ponzi Scheme Felon Andy Bowdoin Launches Facebook Page, Asks Members To ‘Like’ Him And ‘Share’ Link To Defense Fundraising Site ‘Right Away’

    After weeks of delays, a Facebook “Fan” page for accused Ponzi schemer Thomas Anderson “Andy” Bowdoin finally has launched. The site includes a link to “Andy’s Fundraising Army,” the web venue at which Bowdoin’s bid to raise $500,000 to pay for criminal lawyers has fallen 95 percent short of its goal.

    Bowdoin, 76, was arrested in Florida in December 2010 and freed on bail. Federal prosecutors described him as a recidivist securities huckster who’d presided over Quincy-based AdSurfDaily.

    ASD was an “autosurf” Ponzi scheme disguised as an “advertising company,” and Bowdoin used some of the money sent in by members to make campaign donations to the National Republican Congressional Committee, prosecutors said.

    An early version of Bowdoin’s alleged $110 million Ponzi scheme collapsed in 2007, leaving members holding the bag, according to records. After weeks in limbo, ASD switched the URL from which the purported “program” operated and relaunched under the new name of ASD Cash Generator, sucking in a new crop of victims, prosecutors said.

    The accounts and unpaid redemptions of participants active at the time of the 2007 collapse were rolled into the new scheme, and incoming members were not told about the original Ponzi failure and that members were getting paid with recycled cash, prosecutors said.

    ASD eventually gained momentum by creating a video lie about the program’s purported legality and by arranging “rallies” in U.S. cities. In late 2007, Bowdoin added a second autosurf Ponzi known as LaFuenteDinero — Spanish for “the fountain of money” — to his criminal tool kit, and compounded his deception, prosecutors said.

    In 2008, Bowdoin and Clarence Busby Jr. of Acworth, Ga., struck up a partnership that resulted in the creation of an autosurf known as Golden Panda Ad Builder, describing it as ASD’s “Chinese” option, according to records.

    The SEC has described Busby as a prime-bank swindler implicated in three securities schemes in the 1990s. Busby has described himself as a minister and real-estate professional. Records suggest he has lost property in Georgia to foreclosure, was the operator of yet-another surf scheme known as BizAdSplash (BAS) and was on the receiving end of an IRS tax lien.

    BAS went missing in early 2010, after positioning itself as a purported offshore business. Its web servers resolved to Panama.

    Like Busby, Bowdoin also was implicated in securities schemes in the 1990s, according to records. He narrowly avoided prison time in Alabama by agreeing to make restitution to defrauded investors.

    Bowdoin has asked Facebook members to “like” his site. The Facebook site does not mention that three ASD members filed a prospective-class action lawsuit against Bowdoin in 2009, accusing him of racketeering and disguising the nature of ASD’s business.

    Nor does the Facebook site reveal that ASD and related businesses have been on the receiving end of at least three civil-forfeiture judgments totaling about $80 million. In August 2008, the U.S. Secret Service seized about $65.8 million from 10 personal bank accounts of Bowdoin through which he was operating the ASD business, according to records.

    The seizure occurred after ASD members falsely claimed that Bowdoin had received an award for business acumen from then-President George W. Bush, prosecutors said. Bowdoin filed two appeals when forfeiture orders were entered against his assets, but lost both. His new appeals for cash are targeted at the people Bowdoin is accused of defrauding: the ASD membership base.

    In the aftermath of the 2008 seizures, Bowdoin described federal prosecutors in the District of Columbia — the venue in which the forfeiture actions were filed — as “Satan.” Bowdoin’s use of the word “Satan” occurred just weeks after he described himself at a company “rally” in Las Vegas as a Christian “money magnet.”

    Bowdoin also compared the seizures to the 9/11 attacks, saying the actions against ASD by the Secret Service were “30 times worse” in some ways than the terrorist attacks that killed nearly 3,000 people in New York, Pennsylvania and Washington.

    One of the Washington victims of the 9/11 attacks was Barbara Olson, an author, television commentator and former assistant U.S. Attorney (AUSA) in the District of Columbia office. Olson was the wife of former U.S. Solicitor General Theodore Olson.

    In commemoration of the 10-year anniversary of the 9/11 attacks, prosecutors in the District of Columbia dedicated a national-security conference room in Barbara Olson’s memory last week.

    “As an AUSA in [the District of Columbia] office, and throughout her career, Barbara proved that her convictions ran deep, and that her fidelity — to the values she held dear, the principles she fought to defend, and the countless people whose lives she touched — was unshakeable,” U.S. Attorney General Eric Holder said last week.

    ASD is known to have so-called “sovereign citizens” in its ranks. Two ASD figures — Kenneth Wayne Leaming and Christian Oesch — sought unsuccessfully to sue the government for its actions in the ASD case, apparently seeking the staggering sum of more than $29 trillion, more than twice the U.S. Gross Domestic Product in 2009.

    Leaming was accused in Washington state in 2005 of practicing law without a license. Records show he also was involved in a lawsuit that sought more than $9 billion against a local hospital in Washington state. Filings in the case show that Leaming sought liens against the hospital and even sought to attach it water and mineral rights. At least two notaries public in Washington state with ties to Leaming have had their licenses revoked. The names of both notaries appear on the docket of U.S. District Judge Rosemary Collyer in the District of Columbia.

    Collyer is presiding over the ASD-related forfeiture actions and the criminal case against Bowdoin. Bowdoin twice has tried to have Collyer removed from the case. Both efforts failed, and the U.S. Court of Appeals has upheld the forfeiture orders she issued in the case.

    Sixty-two people (as of the time of this post) have “liked” Bowdoin’s Facebook fan page. It is unclear if Bowdoin’s fans have followed the ASD case closely.

  • BULLETIN: 77-Year-Old Amish Man Now Faces Criminal Charge In Alleged ‘Massive’ Caper; Monroe L. Beachy Indicted For Mail Fraud; SEC Filed Civil Charges Earlier This Year

    An Amish man has been indicted in Ohio in an alleged long-running scheme that devoured more than $16.8 million.

    Victims of Monroe L. Beachy included fellow Amish and the Amish Helping Fund, according to court filings.

    Beachy, 77, resides in Sugarcreek, Ohio. He was charged civilly by the SEC in February 2011. A criminal indictment charging Beachy with mail fraud was announced today by federal prosecutors in Cleveland.

    “This is fraud on a massive scale,” said Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio. “This defendant took advantage of people’s trust in him and squandered the life savings of hundreds upon hundreds of families.”

    Beachy operated a company known has A&M Investments, and customers believed their money was safe in conservative Ginnie Mae Bond Funds, prosecutors said.

    There are at least 2,698 victims, according to the indictment.

    A top FBI agent described the scheme as elaborate.

    “Unfortunately, he violated[investors’] trust over and over again resulting in a combined loss of over $16 million,” said Stephen D. Anthony, special agent in charge of the Cleveland FBI office. “The FBI and its partners were committed to unraveling this elaborate scheme . . . and to work with those victims who were affected by this large-scale investment fraud.”

    Beachy did not invest the money as promised, prosecutors said, noting that he had been gathering money for 20 years before the scheme collapsed last year.

    The Amish Helping Fund helps members of the Amish community purchase land and buildings, among other things, prosecutors said.

  • UPDATE: Club Asteria, Cherry Shares, ‘JustBeenPaid’ Promoter ’10BucksUp’ Falsely Claims PP Blog Posts As ‘ISPY’ On MoneyMakerGroup Ponzi Forum; HYIP Apologist Taunts U.S. Law Enforcement In Bizarre Post

    The bizarre descent into chaos of a failing “program” that claimed to be moving to “offshore” servers and once made its participants swear they were not government spies or media lackeys has gotten stranger yet.

    Poster “10BucksUp,” who’s now flogging the JustBeenPaid “program,” falsely claimed on the MoneyMakerGroup Ponzi forum today that the PP Blog posts on MoneyMakerGroup as “ISPY” and published a link to the Blog on the forum to discredit him.

    The PP Blog is not “ISPY” and does not post on MoneyMakerGroup under any identity. Nor does the Blog communicate with “ISPY” in any fashion, know his (or her) identity or encourage  “ISPY” directly or indirectly to post links to the Blog. The Blog has never encouraged any member of MoneyMakerGroup — or any other Ponzi scheme forum — to post links to the Blog.

    It is somewhat common for posters on Ponzi boards, including so-called “naysayers,” to post links to the Blog’s coverage of schemes-in-progress or schemes gone bust. It also is somewhat common for Ponzi board promoters to exhibit paranoia about the Blog’s reporting and even claim the Blog is part of a U.S. government operation.

    Prior to asserting that “ISPY” was the PP Blog, “10BucksUp” accused ISPY of threatening him. ISPY denied threatening “10BucksUp.”

    “10BucksUp” rose to Ponzi forum prominence as a pitchman and apologist for ClubAsteria, which became the subject of a probe by the Italian securities regulator CONSOB in May, had its PayPal account frozen, slashed weekly payouts to members and then eliminated the payouts.

    Meanwhile, “10BucksUp” also acknowledged today that he was a member of the collapsed Cherry Shares HYIP. In June, Cherry Shares was referenced in freeze and trade orders brought by The Autorité des marchés financiers (AMF), the securities regulator for the province of Quebec in Canada.

    The acknowledgement by “10BucksUp” of his Cherry Shares involvement means that he was participating in a second “program” that had come under government scrutiny — but nevertheless plowed headlong into JustBeenPaid.

    Earlier this month, “10BucksUp” advised members of JustBeenPaid that late-entry members were engaging in hurtful and “drastic measures” if they filed disputes with AlertPay. Among other things, JustBeenPaid has asserted it is a “private association.”

    The AdViewGlobal (AVG) autosurf made the same claim prior to its collapse in June 2009. AVG was one of the so-called AdSurfDaily clones — each of which launched (and collapsed) after the August 2008 seizure by the U.S. Secret Service of tens of millions of dollars in a Ponzi scheme investigation.

    Today’s false MoneyMakerGroup claims about the PP Blog also occurred against the backdrop of a securities fraud case brought by the SEC against Jody Dunn, an alleged pitchman for Imperia Invest IBC. Imperia Invest also was promoted on MoneyMakerGroup and TalkGold, and the SEC charged that Dunn had promoted it blindly and relied on claims made by the purported opportunity, rather than conducting any actual due diligence.

    Millions of dollars directed at Imperia Invest went missing, the SEC charged.

    “You want to arrest me? [G]o ahead,” 10BucksUp wrote on MoneyMakerGroup today. “Send a Secret Service/US Seal/intergalactic commando force in my little 3rd world village. Afterall, that is what some Americans think of us right? We all should live under your whims, at what you dictate as legal and not illegal. And then when somebody else invoke that ‘power’ against you, you cry ‘dont tread on me’ or ‘taxed enough already[.”]

    “Go ahead with your crusade, Mr ISPY/Patrick Pretty/Twerp,” 10BuckUp continued. “Clean up the world of garbages like us. There are millions of us. I hope you can finish up in your lifetime.”

    10BucksUp did not say whether he believed U.S. and other world citizens unwise to the ways of the Ponzi pitchman should simply remain silent after they recognize they’ve been scammed and permit fraudsters to steal their money. Nor did he say whether he believed the U.S. government was making a mistake in prosecuting fraudsters who have disappeared with tens of millions of dollars in recent cases such as Legisi and Pathway to Prosperity — in an era of terrorism and economic uncertainty.

    The combined haul of the Legisi, Pathway to Prosperity and ASD “opportunities” was about $250 million, according to court filings. Separately, the Financial Industry Regulatory Authority (FINRA) said last year that Genius Funds, a collapsed HYIP, had gathered $400 million.

    Like Club Asteria, JustBeenPaid and Cherry Shares, Legisi, Pathway To Prosperity, ASD, AVG and Genius Funds were promoted on the Ponzi boards.

    FINRA specifically warned last year that HYIP fraud schemes spread on the Internet through social media and forums.

    “10BucksUp” said today that he used a “a free, blogger blog” to promote Club Asteria. Blogger is part of Google’s Blogspot platform.

    “Now everybody knows ISPY = Patrick Pretty,” 10BucksUp falsely asserted today.

    MoneyMakerGroup and TalkGold are referenced in U.S. federal court filings as places from which Ponzi and fraud schemes are promoted.

  • PONZI >> FORUM >> CESSPIT >> ALERT >> MOVING: SEC Charges Texas-Based Imperia Invest Promoter With Securities Fraud, Other Offenses; Agency Says Jody Dunn Targeted Deaf Investors, Lied To Them — And Cherry-Picked Their Funds To Pay For His House And Car

    An Imperia Invest IBC promoter continued to make excuses and cloud the issues even after the SEC released printed warnings and warnings in American Sign Language that the purported opportunity was an international scam that stole millions of dollars from deaf investors and others, the agency said today. (See link to videocast below.)

    ALERT >> MOVING: A deaf promoter of an online program that stole millions of dollars from deaf investors knew the purported Imperia Invest IBC opportunity did not come as advertised but nevertheless continued to promote it, siphoning money from fellow deaf investors and using it to make his mortgage, car, insurance and other payments, the SEC said.

    Even after Imperia Invest was exposed as an obvious fraud that advertised a preposterous daily return that projected to an annual rate in the hundreds of percent, promoter Jody Myung Dunn insisted he was owed $163 million from his personal investment of $1,100, the SEC charged.

    Dunn, 43, of Corinth, Texas, has no broker/dealer or securities credentials, and currently is unemployed and drawing  disability benefits, the SEC said. He has been charged with securities fraud, selling unregistered securities and acting unlawfully as a broker or dealer amid charges that he blindly promoted an international scam that consumed more than $7 million and made at least $3.45 million belonging to his personal customers vanish.

    In stunning allegations outlined today, the agency accused Dunn of acting as an Imperia rainmaker who recruited deaf investors into a quagmire. The purported opportunity was widely promoted on the Ponzi boards, including TalkGold and MoneyMakerGroup.

    The SEC sued Imperia in October 2010, saying it was running a Traded Endowment Policies (TEP) scam. Dunn continued to make excuses for the scam even after the SEC released a printed Investor Alert and a videocast warning in American Sign Language, the SEC charged.

    “Dunn was aware that Imperia lost investor money and was not accurately crediting investor accounts, yet he continued to send investor money to Imperia without disclosing to investors what was happening,” said Kenneth D. Israel, director of the SEC’s Salt Lake Regional Office. “To further take advantage of others in the deaf community, Dunn was siphoning off about 10 percent of the money he collected from investors to pay his own bills before sending the rest of money into the Imperia quagmire.”

    Dunn, the SEC charged, formed a Nevada corporation known as Global Wealth Lifepath in May 2009 and established a bank account into which investors’ Imperia funds were deposited and then wired to Imperia. Meanwhile, Dunn started a second company — possibly outside the United States — and named it Dunn World Investments (DWI). A bank account established for DWI also was used as part of the Imperia fraud, the agency charged.

    Despite red flags aplenty such as a purported guaranteed return of 1.2 percent a day, Dunn “blindly” promoted the Imperia scheme — even wiring money to bank accounts in Cyprus and New Zealand that had “no apparent or obvious link to Imperia,” the SEC charged.

    About 7,133 deaf investors entrusted about $3.45 million to Dunn, who accepted their funds directly and scraped about $350,000 off the top, claiming to have sent the balance to Imperia’s offshore bank accounts, the SEC charged.

    Although Dunn claimed “he had met and knew the individuals behind Imperia,” it was a lie, the SEC charged.

    And in an allegation that may cause great discomfort to Ponzi board promoters, Dunn was accused of not conducting “even a minimum amount of due diligence” about Imperia, not confirming that the firm actually traded in TEPs and not confirming whether any required licensing or registration  documentation existed, the SEC charged.

    “Dunn testified that his only due diligence consisted of reading the Imperia website, attempting to verify Imperia’s URL address, and reviewing the information Imperia posted on its own website regarding its website host,” the SEC charged.

    In his testimony, Dunn described Imperia as a “secretive company” that owed him $163 million in back commissions and interest on his investment of $1,100, the SEC charged.

    Despite Imperia’s clandestine nature and Dunn’s inability even to find a verifiable street address for the company, Dunn still decided to plow headlong into the scheme and draft others into doing the same.

    Imperia made off with at least $7 million, the SEC said last year.

    Read the SEC complaint against Dunn.

    View the Investor Alert in American Sign Language.

  • BULLETIN: Commodities Online LLC Fraud Case Takes Unexpected Turn; Federal Judge Says Defense Attorney Accused Her Of ‘Trampling’ On Client’s Constitutional Rights In Issuing Order To Turn Over $1.45 Million To Court-Appointed Receiver

    James Clark Howard III

    BULLETIN: A federal judge in Florida who says she was accused of “abusing” her discretion and “trampling” the Constitutional rights of a man implicated in an alleged multimillion-dollar commodities fraud by the SEC has ordered the defense attorney who made the assertions to explain himself and substantiate claims that his client had been denied due process.

    U.S. District Judge Patricia A. Seitz ordered attorney Horecia I. Walker to respond in writing no later than Sept. 9 and explain what kind of investigation he conducted prior to asserting that James Clark Howard III and his counsel present at an Aug. 23 evidentiary hearing did not have adequate time to prepare for the hearing.

    Howard, who appeared at the hearing, was represented at the hearing by attorney Mark C. Perry, according to records. Both Howard and Perry had 11 days to prepare for the hearing, Seitz wrote.

    In an order issued on the same day as the hearing, Seitz directed Howard and Sutton Capital LLC to turn over $1.45 million to attorney David S. Mandel, the court-appointed receiver in the Commodites Online LLC fraud case filed in April by the SEC.

    Seitz gave Howard and Sutton, another firm associated with Howard, until yesterday to turn over the money. It was not immediately clear if either party complied with the order.

    What is clear is that Seitz was not amused by an emergency motion filed by Walker on behalf of Howard and Sutton to stay the Aug. 23 order to turn over the money pending an appeal of the order.

    “Walker has accused this Court of trampling Howard’s constitutional rights and abusing its discretion in entering the turnover Order,” Seitz wrote. “The factual underpinnings for these accusations are that Howard and Perry had insufficient time to prepare for the August 23, 2011, hearing. To avoid running afoul of Rule 11, Walker should have investigated these factual circumstances before relying on them to accuse the Court of a constitutional affront.”

    The judge added that “it appears to the Court that no such investigation occurred.”

    Seitz took issue with Walker’s characterization of the Aug. 23 hearing as an “apparent ‘evidentiary hearing,’” according to an order she issued yesterday denying the stay.

    “Walker posits that the hearing ‘was not an evidentiary hearing at all’ and the Court’s Order requiring disgorgement amounts to an abuse of discretion,” Seitz wrote. “Lost in all of his hyperbole is the simple fact that Howard and Perry received notice of the hearing eleven days before the hearing commenced.”

    Neither Howard nor Perry asked for a continuance, Seitz wrote.

    The Commodities Online case has a link to the AdSurfDaily Ponzi scheme case brought by the U.S. Secret Service in August 2008.

    SSH2 Acquistions, a Nevada company that listed former ASD member and pro-ASD Surf’s Up moderator Terralynn Hoy as a director, sued Howard and others in September 2010 amid allegations he was part of a massive Ponzi scheme into which SSH2 had plowed $39 million. The lawsuit was filed about six months after the Boca Raton Police Department filed felony charges against Howard in an alleged financial scam that targeted Haitian Americans.

    Surf’s Up was a cheerleading site for ASD, and Hoy later became a moderator of a cheerleading forum for the collapsed AdViewGlobal (AVG) autosurf.

    While SSH2 claims to be a Ponzi victim of Howard, the Surf’s Up and AdViewGlobal forums both claimed that ASD and AVG were conducting legitimate commerce. With Hoy as a moderator of Surf’s Up, the forum conducted an October 2008 online party complete with images of champagne and fireworks for ASD President Andy Bowdoin.

    The U.S. Secret Service described Bowdoin as an international Ponzi schemer and recidivist felon who’d gathered tens of millions of dollars in the ASD caper — most of it in ASD’s final weeks of life in the late spring and summer of 2008. At least $65.8 million was seized from Bowdoin’s 10 personal bank accounts, according to court records. One account alone contained more than $31.6 million. Three accounts contained the exact same amount: $1,000,338.91.

    It is unclear if ASD members beyond Hoy had any business ties to Howard and invested any money with the accused schemer. Hoy has not been accused of wrongdoing.

    SSH2 said in court filings that it plowed $39 million into the alleged Howard scheme, and received back about $19 million in “fake and fraudulent ‘profits.’” Sutton, Rapallo Investment Group LLC and Patricia Saa also were named defendants in SSH2’s lawsuit.

    Howard was sentenced to 57 months in federal prison in the 1990s on narcotics and weapons charges, according to records. ASD’s Bowdoin, meanwhile, narrowly avoided jail time during the same decade when he was implicated in Alabama in a securities swindle, according to records.

    Clarence Busby Jr., one of Bowdoin’s alleged business partners, was implicated by the SEC during the 1990s in three prime-bank schemes, according to records.

    Some ASD members have been identified as members of the so-called “sovereign citizens” movement. Cheerleading for Bowdoin and ASD continued on the Surf’s Up forum even after it was revealed that Curtis Richmond, one of the purported “sovereign” beings associated with ASD, had a contempt-of-court conviction for threatening federal judges in California and once claimed a federal judge from Oklahoma sitting by special designation in Utah owed him $30 million.

    Richmond was a member of the so-called “Arby’s Indians,” an “Indian” tribe that targeted public officials with vexatious litigation. U.S. District Judge Stephen Friot ruled the “tribe” a complete sham.

    U.S. District Judge Rosemary Collyer of the District of Columbia is presiding over the ASD Ponzi case. Both Richmond and Bowdoin tried unsuccessfully to have her removed from the case. Richmond accused Collyer of “TREASON” and claimed she may be guilty of 60 or more felonies.

  • SPECIAL REPORT: PROSECUTION: More Than 11,000 Remissions Claims And 150,000 Pages Of Documentation Received In AdSurfDaily Case; Number Of Claims Greatly Exceeds Population Of ASD’s Home Base Of Quincy, Fla.

    Andy Bowdoin

    UPDATED 12:09 P.M. EDT (U.S.A.) Federal prosecutors effectively advised U.S. District Judge Rosemary Collyer last month that enough people to fill a small city had filed remissions claims in the AdSurfDaily autosurf Ponzi case.

    Although prosecutors did not reveal a precise number, they said in court filings that more than 11,000 people had filed claims and provided more than 150,000 pages of documentation. ASD was based in Quincy, Fla.

    Remissions is a form of restitution. Prosecutors have said for more than two years that the government intends to compensate ASD victims from funds seized by the U.S. Secret Service in civil-forfeiture actions against ASD-related assets in 2008. Collyer issued civil judgments in the government’s favor totaling about $80 million in 2009 and 2010. Bowdoin was charged criminally with wire fraud, securities fraud and selling unregistered securities in December 2010.

    ASD created Ponzi victims all over the world, prosecutors have said. The claims number alone greatly exceeds the Gadsden County community of Quincy’s population of roughly 7,000. It also greatly exceeds the population of Perry, the 7,000-inhabitant Florida town in Taylor County Bowdoin once represented as a council member and mayor.

    The claims number would consume nearly 80 percent of combined populations of Perry and Quincy. Looking at the number a different way, had ASD’s membership consisted only of residents of those two communities in separate counties, only one in five inhabitants — 20 percent — would be left untouched by the scheme.  Had the 80 percent of residents who filed claims lost significant sums in ASD, the economies of both cities could have been brought to their knees.

    Among the core dangers of autosurf schemes is that criminals — domestic and international — establish means by which they can tap into bank accounts, payment processing accounts and credit accounts at the local level. When a scheme collapses, it may affect commerce far and wide while also putting banks in multiple communities in possession of tainted cash. By some accounts, large numbers of members of individual churches became ASD members.

    A collapsed autosurf scheme not only may affect individual churches, it may affect the finances of the church itself and the commerce stream in reach of the church and its members. One 2008 promo for ASD and a purported “millionaire” advertising co-op viewed by the PP Blog as part of its reporting encouraged members (verbatim, text coloring added by PP Blog) to:

    Go to your nearest ATM machine
    Use your Debit card to withdraw the necessary cash for your payment OR
    Use your Credit card to make a “cash advance” of the necessary funds for your payment. Note: there is usually a much higher Annual Percentage Rate for a credit card cash advance. Take the cash to your nearest branch of Bank of America and deposit the cash amount in the AdSurfDaily, Inc. account, using the following information:

    The promo appeared on a website linked to Tari Steward, whom Bowdoin has identified as a potential defense witness and the Internet Marketer behind an effort by Bowdoin to raise funds to pay for his criminal defense.

    Screen shot: From a 2008 promo for an ASD millionaire co-op.

    The U.S. government warned in December 2010 that securities schemes such as AdSurfDaily and Imperia Invest IBC that spread virally on the Internet were creating tens of thousands of victims at a time. Imperia, which was smashed by the SEC in October 2010, was targeted at people with hearing impairments and gathered millions of dollars.

    Noobing, an autosurf that became popular after the ASD-related bank-account seizures in 2008 and collapsed in 2009 after the FTC took action against its parent company, also was targeted at the deaf community. Internet-based crimes and scams are creating victims in numbers America’s largest sports stadiums cannot accommodate, according to records.

    ASD gathered at least $110 million in its scheme and may have created 40,000 or more victims, prosecutors have said, asserting in January 2011 that “as far as the Government is aware, there is no available accurate compilation” of all individuals or entities that lost money in the scheme.

    “It appears from the investigation that there may be members who provided funds to ASD but whose information ASD did not enter into its database,” prosecutors said in January.

    Bowdoin, with Steward’s reported assistance, has busied himself since June to raise funds online for his criminal defense from the members he is accused of defrauding. A web entity known as “Andy’s Fundraising Army” has been sending “blast” emails for weeks to a list of ASD members that purportedly contains 77,000 names.

    Bowdoin also announced plans to complement his “Andy’s Army” fundraising efforts with a Facebook site, but no such site appears to have launched on the popular social network. At least three advertised launch dates for the Facebook site were missed.

    Meanwhile, the  “Andy’s Army” bid appears to have fallen flat, with Bowdoin stuck more than 95 percent short of his $500,000 goal after five continuous weeks of formal fundraising. Some ASD members have said they had received multiple fundraising appeals from Bowdoin in a single week.

    Screen shot: From the 2008 "millionaire" co-op promo.

     

  • BULLETIN: SEC Says Alleged Life-Settlement Scammer Ran $4.5 Million Fraud And Ponzi Scheme — And Spent $5,000 On ‘Cowboy Boots’ And Another $5,000 For ‘Dating Service’ While Directing $55,000 To A ‘Tribute’ For Deceased Entertainer Michael Jackson; Image Of Former President Bill Clinton Appears On Website

    UPDATED 4:32 P.M. EDT (U.S.A.) It’s only getting stranger . . .

    The SEC has gone to federal court in Los Angeles and obtained an emergency asset freeze for what it described as a $4.5 million life-settlement fraud and Ponzi scheme operated by a man who spent more than $5,000 in investor funds on “cowboy boots,” nearly another $5,000 on a “dating service,” $1,300 on designer sunglasses, more than $200,000 on luxury cars — and $55,000 in a tribute to the late pop icon Michael Jackson.

    The alleged scam also directed enormous sums toward other purchases, the SEC charged. A photo on a website linked to the principal defendant in the SEC’s civil case features an image of former President Bill Clinton, with the White House as its backdrop.

    Of the $4.5 million gathered in the fraud, only $90,000 — about 2 percent — was applied to its “avowed” purposes, the SEC charged.

    Even the avowed purposes — purchasing life settlements, developing coal leases in Kentucky purportedly worth $11.8 billion or developing interests in gold reserves in Nevada — were dubious or not carried out, the SEC said.

    Charged in the case were Daniel C.S. Powell, 29, of Los Angeles, and his company Christian Stanley Inc. Two Powell-related entities — Christian Stanley LLC and Daniel Christian Stanley Powell Realty Holdings Inc. — were named relief defendants.

    About 50 investors were fleeced, the SEC said.

    “Powell and Christian Stanley created the façade of an actual business when in reality they have virtually no revenue,” said Rosalind Tyson, director of the SEC’s Los Angeles Office. “Most of the money raised from investors has been used to finance Powell’s extravagant lifestyle and for other purposes that have not been disclosed to investors.”

    “As of August 23, 2011, only $29,396.55 remained in Christian Stanley’s bank accounts,” the SEC charged.

    The “Message From Our Chairman” page of “Christian Stanley’s website features a photo of Powell and former President Bill Clinton with the White House as its backdrop. The photo appears to include a disclaimer of some sort, but the type in the disclaimer is small and washes out, making it difficult or impossible to read.

    A similar photo featuring an image of Powell and Clinton is displayed elsewhere on the site, but appears to be cropped in a different fashion — and also in such a way that any disclaimer language was lost.

    Images of Clinton also were used in promotions for the Mantria “green energy” Ponzi scheme in 2009. It is common for fraud schemes to use images of celebrities to sanitize offers. In 2008, for instance, members of the alleged AdSurfDaily Ponzi scheme painted word pictures that then-President George W. Bush and the White House had given a special award to ASD President Andy Bowdoin.

    This list is not all-inclusive, but here are some of the alleged purchases and sums consumed in the alleged fraud by Powell and Christian Stanley:

    • $212,000 for cars, including a Porsche, a Ferrari, a BMW and a Dodge Ram.
    • More than $290,000 in debit card transactions, mostly consisting of payments of Powell’s daily living expenses, including gas, groceries, pharmaceuticals, dry cleaning and retail goods.
    • Cash withdrawals and checks payable to Powell or to cash totaling almost $240,000.
    • More than $160,000 toward Powell’s exorbitant lifestyle, including almost $90,000 for hotels, more than $49,000 for nightclubs, more than $17,000 for restaurants and more than $4,800 for limousines.
    • More than $100,000 in rent paid on behalf of a woman who Powell has described as “like a mother” to him and another woman with no apparent connection to the company.
    • Donations totaling $91,000, including $55,000 toward a tribute to Michael Jackson and $35,000 to the rapper Usher’s New Look Foundation.
    • Miscellaneous luxury purchases, including $8,700 for jewelry, almost $5,000 to register for a dating service, more than $5,000 for cowboy boots and more than $1,300 for designer sunglasses.

    Investors believed they’d receive returns of between 5 percent and 15.5 percent per year, the SEC said.

    U.S. District Judge George H. King of the Central District of California has ordered an asset freeze and appointed a temporary receiver, the SEC said.

    “A life settlement is a transaction in which an individual with a life insurance policy sells that policy to another person, who then assumes responsibility for paying the premiums,” the SEC said. “Typically, the seller no longer wants the policy or can no longer afford to pay the premiums. In exchange, the insured party typically receives a lump sum payment that exceeds the policy’s cash surrender value, but is less than the expected payout in the event of death.”

    In its complaint, the SEC charged that Powell and Christian Stanley were selling unregistered securities and that Christian Stanley “has not purchased a single life settlement.”

    The scheme has operated for at least seven years, the SEC said.

    Read the SEC complaint.