Tag: U.S. Attorney Preet Bharara

  • In Conference Call For ‘SVM Global Initiative,’ Speaker Makes Veiled Reference To UFunClub Cross-Border Scheme Under Investigation In Thailand: Are North American ‘Sovereign Citizens’ At Work?

    ufunclubAre “sovereign citizens” immersed in the “SVM Global Initiative” and “UFunClub” cross-border, network-marketing schemes?

    “Sovereign citizens” may have an irrational belief that laws do not apply to them. It is not unusual for them to be involved in financial fraud, and some “sovereigns” have been linked to MLM HYIP frauds and securities offering frauds.

    Individuals who join such schemes may not understand they have signed on to enterprises engaging in international fraud and that a political agenda or even political extremism may be driving events.

    In a conference call Tuesday night for SVM, a man who identified himself as “Nelson” calling from “Saskatchewan, Canada” came on the line. He explained that he’d been with SVM “from the very beginning” and was involved in “world-shaking affairs, including the global currency reset.”

    Precisely what constituted the purported “reset” wasn’t explained, but the term has been associated with banking conspiracy theorists and “sovereign citizens.” AdSurfDaily Ponzi story figure Kenneth Wayne Leaming, for instance, allegedly claimed “the Rothschilds” were hiding in a “bunker in India” while controlling the central bank of Iraq, according to a 2011 complaint against Leaming that accused him of filing bogus liens against public officials and other crimes.

    The complaint was filed by a member of an FBI Terrorism Task Force operating in Washington state. Leaming, who’d been under federal surveillance, later was convicted on charges of filing false liens, harboring two federal fugitives wanted in a separate home-business caper in Arkansas and being a felon in possession of firearms.

    Banking conditions in Iraq were causing the Rothschilds to lose money, and the “inner circle” is “jumping ship,” Leaming allegedly told a colleague, “just like body odor’s inner circle in the White House.”

    “Body odor” was a veiled reference to President Obama. ASD was a “program” that claimed a daily payout rate of 1 percent. The $119 million scheme spread over the Internet, creating thousands of victims. ASD was broken up by the U.S. Secret Service in 2008.

    A Troubling Narrative: Was A Rallying Cry Of ‘Sovereign Citizens’ Part Of It?

    On the call hosted by SVM’s Sheila V. Tabarsi, “Nelson” further ventured that he had “many connections in the international banking arena.

    “I have many connections in law; I have many connections in military — on and on and on,” he said.

    During his fawning over SVM, “Nelson” went on to make a veiled reference to UFunClub, now the subject of a major investigation in Thailand. This leads to questions about whether he is involved in two separate cross-border schemes and whether other SVM members also are pushing multiple schemes.

    “Nelson” said this before he got off the line (italics added):

    “And God Bless the Republic of the United States of America.”

    It is a term often associated with “sovereign citizens” and, in written form, may be abbreviated and stylized RuSA. The term is closely associated with James Timothy “Tim” Turner, who was sentenced to federal prison in 2013 for his role in a bizarre tax scam. (Also see Quatloos thread on RuSA.)

    BehindMLM.com’s Review Of SVM

    Here we’ll point you to BehindMLM.com’s April 13 review of SVM. We’ll note that the Tuesday SVM call more or less was an effort to slime the online publication, which reports on emerging MLM schemes.

    SVM appears to operate out of Greater New York City, perhaps from the Bronx and Manhattan — with an arm in Costa Rica.

    Prior to “Nelson” coming on the line, Tabarsi asserted BehindMLM.com was a “pawn” and a “coward” that works with an unidentified third party to “bring network-marketing companies down.”

    “To me, this is real Illuminati kind of stuff,” Tabarsi said. “Granted, the success of Sheila V and Associates and the SVM Global Initiative could do some devastating things to the network-marketing industry.”

    svmOther MLM schemes have trotted out the theme that dark forces — usually cast as competitors unhappy that downlines are leaving one “program” because another has found the Holy Grail — are controlling things behind the scenes or secretly. It is not unusual for political rhetoric, conspiracy theories or antigovernment sentiment to become part of the narrative, and this may be happening with SVM.

    Tabarsi, for example, said during Tuesday’s call that the “Bush administration” was involved in an “effort to dismantle this world economy” and that the effort has been “so concentrated” and “so diligent.”

    The aim, she contended, was to concentrate 99 percent of the world’s wealth in the hands of 1 percent of the people.

    “We are a threat to that,” she said. “The success of Sheila V and Associates and the SVM Global Initiative is a threat to this establishment that is trying so long and so hard to take everybody down.”

    Any number of MLM schemes have advanced forms of this narrative. The $1.8 billion TelexFree scheme broken up by the SEC last year was positioned as a “revolution” that would put wealth in the hands of ordinary people. Though much smaller in scale, the Achieve Community scheme broken up by the SEC earlier this year advanced a similar narrative.

    TelexFree and Achieve — like the Zeek Rewards scheme in 2012 — were operating combined Ponzi- and pyramid schemes, the SEC has alleged.

    SVM, through Tabarsi, has positioned itself a network-marketing enterprise with three arms. Working together, these three arms — Sheila V. and Associates LLC (New York), The Marketplace at SV&A LLC (Costa Rica) and SVM Redesign Your Life America  with an organ called “The Freedom Fund” — purportedly will elevate people out of poverty.

    On her website, Tabarsi says she is a “4th Generation Native Cherokee/African American Spiritual Life Coach, Universal Life Church Minister, Business and Medical Intuitive with 17 active years of practice performing Clair-empathic healings and various forms of intuitive readings.”

    She also notes she is a “corporate administrative manager,  former U.S. Air Force Staff Sergeant and Veteran of the ’91 Gulf War” who established “SVM ReDesign Your Life America, a non-profit organization to convert abandoned military bases into places to end poverty and homelessness.”

    In a March conference call, she claimed she was under investigation by a U.S. Attorney’s office and the FBI, among others. She denies she has done anything wrong.

    “The FBI is involved only because I have international clients, but not that there’s too much they can really act on,” she said during the call last month.

    Because SVM says it has a presence in the Bronx and Manhattan, the PP Blog on Wednesday contacted the office of U.S. Attorney Preet Bharara of the Southern District of New York for comment on SVM, UFunClub and “Nelson’s” line about the “Republic of the United States of America” during the Tuesday SVM call.

    The office has not responded to the request.

    NOTE: Also see the MLM Skeptic Blog: “Is a Scam Targeting Veterans ‘to end poverty’ citing a FAKE JAG lawyer?”

  • FEDS: Liberty Reserve Figure Mark Marmilev Shilled On TalkGold Ponzi Forum And Also Hired Shills To Do So; Memo Speaks To Vast Wasteland Of Online Criminality

    recommendedreading1Mark Marmilev, the technology specialist for the cross-border Liberty Reserve money-laundering operation favored by HYIP scammers and other criminals before its May 2013 collapse, shilled on the TalkGold Ponzi forum, U.S. federal prosecutors said in a sentencing memo.

    Marmilev, 35, of Brooklyn, N.Y., also hired forum shills and separately tried to hatch an SEO scheme to “clean up” accurate online references to his boss Arthur Budovsky, the office of U.S. Attorney Preet Bharara of the Southern District of New York said in the memo.

    U.S. District Judge Denise L. Cote yesterday sentenced Marmilev to five years in federal prison.

    In Marmilev’s mind, the SEO scheme was needed because a press release by the Manhattan District Attorney’s Office about Budovsky’s indictment in a 2006 case was causing problems.

    “Marmilev proposed that the SEO expert publish information on the Internet falsely suggesting that the ‘Arthur Budovsky’ behind Liberty Reserve was a different person from the ‘Arthur Budovsky’ who was convicted by the Manhattan District Attorney, but who simply happened to have the same name,” prosecutors advised Cote. “Marmilev’s evident purpose in doing so was to distance Liberty Reserve from Budovsky’s criminal conviction, in an effort to promote an appearance of legitimacy for Liberty Reserve.”

    Said Bharara, “Mark Marmilev spent years designing and maintaining the technological architecture that allowed Liberty Reserve to operate a global payment processor and money transfer system that catered to criminals. Now, he will pay for that crime with five years in federal prison.”

    There are all kinds of remarkable tidbits in the Dec. 9 sentencing memo, which was posted at the RealScam.com antiscam forum by “NikSam.”

    RealScam, which covers international mass-marketing fraud, recently was targeted in an SEO campaign designed to link it to Jihadists and Islamic terrorists. (See PP Blog reference here. See RealScam thread here.)

    Court references to the TalkGold and MoneyMakerGroup forums as places from which Ponzi schemes are promoted date back years.

    In a current case of trying to confuse the public, veteran HYIP scammer “Ken Russo,” also known as DRdave, is using MoneyMakerGroup in a bid to deflect criticism of the emerging “Achieve Community” scheme.

    In a Dec. 10 conference call, Achieve Community was positioned as a good outlet for female senior-citizens with ailing husbands to direct cash.

    As BehindMLM.com reported today (italics added):

    Liberty Reserve’s two founders have yet to be sentenced, but you can bet they’re going to be receiving similar if not harsher penalties than Marmilev’s 5 year sentence.

    The jailing of a Liberty Reserve executive comes on the eve one of the larger Ponzi schemes in operation today gears up to announce their new payment processor.

    After a short-lived run with Payoneer, they terminated their relationship with Achieve. The scheme has yet to hook up with a replacement payment processor.

    Last week news broke that incoming investment into the scheme was now being handled by iPayDNA, but nothing yet has materialized on the withdrawal front.

    iPayDNA appear to be accepting investments from Achieve affiliates using multiple unrelated business entities originating out of China.

    The PP Blog hopes readers will take the time to read the sentencing memo posted by NikSam. Here’s another tidbit (italics/bolding added):

    Aftermath of Liberty Reserve Shutdown. Following the shutdown of Liberty Reserve in May 2013, law enforcement agents monitoring various online criminal forums (such as “hacking” or “carding” forums) observed numerous postings by users of these forums bemoaning Liberty Reserve’s closure and the resulting loss of funds that they had on Liberty Reserve’s system. Many users complained of losing tens of thousands of dollars or more that they had in their Liberty Reserve accounts. By contrast, very few Liberty Reserve users have contacted the Southern District of New York seeking to recoup their Liberty Reserve funds on the basis that they were conducting legitimate business on the site. When the Liberty Reserve takedown was announced to the public in May 2013, users were instructed to contact the Southern District of New York if they wished to recoup their funds.

    Notwithstanding that Liberty Reserve had more than 5 million registered user accounts, only 32 persons have contacted the Southern District of New York from May 2013 to September 2014. Similarly, notwithstanding that numerous Liberty Reserve accounts were doing a high volume of business as Liberty Reserve “exchangers,” only one Liberty Reserve exchanger has contacted the Southern District of New York about a potential claim since May 2013, and that claim was ultimately not pursued

    NOTE: Our thanks to the ASD Updates Blog.

  • URGENT >> BULLETIN >> MOVING: First U.S. Criminal Prosecution Of Bitcoin-Themed Scheme; Trendon Shavers Arrested

    breakingnews72In the first U.S. criminal prosecution involving a Bitcoin-themed scheme, Trendon Shavers has been arrested and charged with securities fraud and wire fraud.

    Shavers, 32, of McKinney, Texas, was charged civilly by the SEC in July 2013. He is known as “pirateat40,”  and allegedly pushed his Bitcoin Savings and Trust Ponzi scheme from a forum.

    FBI agents arrested him today at his Texas residence.

    “As alleged, Trendon Shavers managed to combine financial and cyber fraud into a Bitcoin Ponzi scheme that offered absurdly high interest payments, and ultimately cheated his investors out of their Bitcoin investments,” said U.S. Attorney Preet Bharara of the Southern District of New York.  “This case, the first of its kind, should serve as a warning to those looking to make a quick buck with unsecured currency.”

    A top FBI official threw down the gauntlet.

    “Shavers used a new currency, but the same old reprehensible tricks,” said FBI Assistant Director-in-Charge George Venizelos. “He claimed to offer a Bitcoin market-arbitrage strategy. In reality, it was nothing more than an insidious scheme motivated by greed. Today, Shavers’ jig is up. He finds himself under arrest and charged in Manhattan federal court.”

    Some HYIP schemes appear now to have moved away from payment processors such as the now-shuttered Liberty Reserve and are moving toward Bitcoin.

    From a statement by Bharara’s office, which previously prosecuted Liberty Reserve, calling it a $6 billion money-laundering operation that enabled HYIPs and others forms of fraud (italics added):

    From at least September 2011 up through and including September 2012, SHAVERS operated a Ponzi scheme. Specifically, SHAVERS solicited investments in BCS&T on the “Bitcoin Forum” – a public, Internet-based forum where, among other things, Bitcoin investment opportunities were posted. SHAVERS’s offer to investors was straightforward: investors who lent Bitcoin to BCS&T would be paid up to seven percent interest weekly – an annualized interest rate of 3,641% per year – and investors could withdraw their investments in BCS&T at any time. SHAVERS claimed that the Bitcoin invested by BCS&T investors would be used to support a Bitcoin market-arbitrage strategy, which included (i) lending Bitcoin to others for a fixed period of time; (ii) trading Bitcoin via online exchanges; and (iii) selling Bitcoin locally via private, off-markets transactions – i.e., “over-the-counter transactions.” SHAVERS also personally guaranteed to cover any losses in the event of a market change. In truth, SHAVERS largely failed to execute the claimed market arbitrage strategy, failed to honor all of his investors’ redemption requests as well as his personal guarantee, and failed to deliver the agreed upon rates of interest.

    In the end, BCS&T was a Ponzi scheme in which SHAVERS used Bitcoin from new investors to make purported interest payments to existing investors and to cover investors’ requests to withdraw Bitcoin from existing BCS&T accounts. In addition, SHAVERS diverted investors’ Bitcoin for day trading in his own account on a Bitcoin currency exchange, and exchanged investors’ Bitcoin for U.S. dollars to pay certain of his personal expenses. At the peak of the scheme, SHAVERS raised, and had in his possession, about seven percent of all the Bitcoin that were then in public circulation. In the end, at least 48 of approximately 100 investors lost all or part of their investment in BCS&T.

    Some Bitcoin enthusiasts have fretted that dark forces and criminal organizations are seeking to use Bitcoin in the same way they used Liberty Reserve. Criminal activities could undermine confidence in Bitcoin and affect its perception in the marketplace.

    In late August, some affiliates of the collapsed $850 million Zeek Rewards Ponzi scheme began pushing a Bitcoin-themed “program” known as BitClub Network, a purported “mining venture” with an investment arm attached that purportedly supplies a payout for 1,000 days.

    Prospects were encouraged to buy in with sums ranging from $500 to $3,500.

    Zeek used traditional forms of payment.

     

  • URGENT >> BULLETIN >> MOVING: Liberty Reserve, Founder, Others Indicted In New York

    breakingnews72URGENT >> BULLETIN >> MOVING: (15TH UPDATE 2:31 P.M. EDT U.S.A.) Liberty Reserve, its founder and several others have been indicted in U.S. District Court for the Southern District of New York (Manhattan).

    The charges, which include conspiracy to commit money-laundering, conspiracy to operate an unlicensed money-transmitting business and operating an unlicensed money-transmitting business, were confirmed this morning by the office of U.S. Attorney Preet Bharara.

    Liberty Reserve founder Arthur Budovsky was using the aliases “Eric Paltz” and “Arthur Belanchuk,” according to the indictment.

    Co-conspirators, according to the indictment, include Vladimir Kats, also known as “Ragnar”; Ahmed Yassine Abdelghani, also known as “Alex”; Allan Esteban Hildago Jimenez, also known as “Allen Garcia”; Azzeddine El Amine; Mark Marmilev, also known as “Marko”; and Maxim Chukharev.

    Marmilev also is known as “Mark Halls,” according to an affidavit that accompanies the indictment.

    Budovsky and El Amine were arrested Friday in Spain, Bharara’s office said today. Kats and Marmilev were arrested Friday in Brooklyn. Chukharev was arrested Friday in Costa Rica. Hildago and Abdelghani are “at large” in Costa Rica.

    “As alleged, the only liberty that Liberty Reserve gave many of its users was the freedom to commit crimes — the coin of its realm was anonymity, and it became a popular hub for fraudsters, hackers, and traffickers,” Bharara said. “The global enforcement action we announce today is an important step towards reining in the ‘Wild West’ of illicit Internet banking. As crime goes increasingly global, the long arm of the law has to get even longer, and in this case, it encircled the earth.”

    Added Steven G. Hughes, special agent in charge of the U.S. Secret Service. “These arrests are an example of the Secret Service’s commitment to investigate and apprehend criminals engaged in the misuse of virtual currencies to conduct global monetary fraud. Cyber criminals should be reminded today that they are unable to hide behind the anonymity of the Internet to avoid regulated financial systems.”

    The IRS and the U.S. Department of Homeland Security (U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI)) also are involved in the probe, as are multiple nations, Bharara’s office said.

    Liberty Reserve and its co-conspirators “intentionally created, structured, and operated Liberty Reserve as a criminal business venture, one designed to help criminals conduct illegal transactions and launder the proceeds of their crimes,” according to the indictment.

    The United States has seized the Liberty Reserve domain name along with several others, according to an affidavit that accompanies the indictment. The others include: ExchangeZone.com; SwiftExchanger.com; MoneyCentralMarket.com; and Asianagold.com. As part of the seizure process, a federal judge ordered the U.S. Secret Service to point the domain nameservers to a “sinkhole” URL at ShadowServer.org.

    News about the seizures destroys various examples of wishful thinking advanced by online HYIP hucksters at forums such as TalkGold and MoneyMakerGroup since LibertyReserve’s domain went offline Friday. On Saturday, reports surfaced that Budovsky had been arrested in Spain and that Liberty Reserve was under investigation in Costa Rica and the United States.

    Seizure notices are expected to appear on the domains, although the timing was not clear.

    The indictment ties Liberty Reserve to the crimes of “credit card fraud, identity theft, investment fraud, computer hacking, child pornography, and narcotics trafficking.”

    Among other things, the indictment alleges that “virtually all of Liberty Reserve’s business derived from suspected criminal activity” and that the scope of the fraud is “staggering.”

    Between 2006 and May 2013, according to the indictment, Liberty Reserve processed an estimated 55 million transactions and is believed “to have laundered more than $6 billion in criminal proceeds.”

    Supporting affidavits in the case show that the indictment was returned under seal on May 20 and that prosecutors applied for an injunction barring Amazon Web Services Inc. from providing services to Liberty Reserve. The affidavit also shows that the United States is seeking forfeiture of sums on deposit in at least 42 accounts in various countries

    These banks are in countries such as Costa Rica, Cyprus, Russia, Hong Kong, China, Morocco, Spain, Latvia, Australia and the United States. Tens of millions of dollars are being sought in forfeiture actions, although the final sum is unclear.

    Liberty Reserve, according to the indictment, used “exchangers” in countries with little oversight, including Malaysia, Russia, Nigeria and Vietnam. The process was part of a criminal scheme to bury evidence of fraud while providing anonymity for the fraudsters.

    The enterprise, according to the indictment, functioned “in effect as the bank of choice for the criminal underworld.”

    Link to documents posted by Bharara’s office. Read statement by Bharara’s office.

    In a separate but related action, the U.S. Department of the Treasury announced it had identified Liberty Reserve as a “Financial Institution of Primary Money Laundering Concern.”

    “Treasury is determined to protect the U.S. financial system from cyber criminals and other malicious actors in cyberspace, including overseas entities like Liberty Reserve that facilitate online crime and hope to evade regulatory scrutiny,” said Under Secretary for Terrorism and Financial Intelligence David S. Cohen. “We are prepared to target and disrupt illicit financial activity wherever it occurs – domestically, at the far reaches of the globe or across the internet.”

     

     

  • BULLETIN: Purported ‘Sovereign’ Indicted On Charges Of Threatening To Kill Public Officials: ‘Your Dirt Nap Is Coming Very Soon’

    americaatrisk4BULLETIN: A purported “sovereign citizen” from Nanuet, N.Y., has been charged under state law with criminal possession of a weapon and under federal law with threatening to kill public officials and inciting Facebook visitors to carry out political assassinations.

    Lawrence Mulqueen, 49, claimed that a county’s sheriff is “the highest law enforcer in all the land,” according to an FBI affidavit in the case.

    Mulqueen wrote that he “cannot wait to start killing the scum,” according to the affidavit. Intended targets included Gov. Andrew Cuomo, New York Mayor Michael Bloomberg, Sen. Charles Schumer, Rep. Nita Lowey, Rep. Nancy Pelosi, Sen. Harry Reid and “every Congressional Black Caucus member there is.”

    “Your time is about up[,] scumbags,” Mulqueen wrote, according to the affidavit. “[Y]our dirt nap is coming very soon.”

    Meanwhile, according to the affidavit, Mulqueen called for snipers to shoot “inner city scum” from a distance of “at least 100 yards” or to stab targets “to conserve bullets.”

    “As alleged, Lawrence Mulqueen used the power and reach of Facebook to make incendiary threats, including the use of deadly force, against federally-elected officials and others,” said U.S. Attorney Preet Bharara of the Southern District of New York. “He even provided his like-minded Facebook friends with a virtual ‘how to’ on the most effective weapons to use in making good on those threats. The internet is a forum for free expression, but it does not give anyone a carte blanche to break the law.”

    One of the best weapons for assassination is a shotgun made in Italy, Mulqueen allegedly told an individual on Facebook.

    The investigation began when the Clarkstown Police Department (Rockland County) received a complaint about Mulqueen, officials said.

    “Overt threats of the sort made by this defendant against our elected leaders are especially troubling and must be dealt with to the fullest extent of the law,” said Rockland County District Attorney Thomas P. Zugibe.

    Added FBI Assistant Director-in-Charge George Venizelos: “The defendant is alleged not only to have threatened to kill elected officials. He did the virtual equivalent of standing in the town square with a megaphone, using his Facebook page to exhort others to carry out these assassinations. Freedom of speech is a fundamental right, but making overt threats is not protected speech, it’s a crime.”

    Mulqueen also called for the assassination of immigrants and called supporters of President Obama “traitor scum” who deserved to die, according to the affidavit.

    “I want these scumbags DEAD!!!” he allegedly wrote. “[F]*** them and death to them all.”

  • FEDS: Man Tried To Scam Zuckerberg, Facebook Out Of Billions ‘By Marching Into Federal Court For A Quick Payday Based On A Blatant Forgery’

    A New York man tried to scam Mark Zuckerberg and Facebook out of billions of dollars by forging documents and filing a lawsuit to make it appear as though Zuckerberg had promised him a 50 percent share of the company, prosecutors said.

    Paul Ceglia, 39, of Wellsville, was arrested this morning after an investigation by the U.S. Postal Inspection Service, prosecutors said.

    “As alleged, by marching into federal court for a quick payday based on a blatant forgery, Paul Ceglia has bought himself another day in federal court for attempting a multibillion dollar fraud against Facebook and its CEO,” said U.S. Attorney Preet Bharara of the Southern District of New York. “Ceglia’s alleged conduct not only constitutes a massive fraud attempt, but also an attempted corruption of our legal system through the manufacture of false evidence. That is always intolerable. Dressing up a fraud as a lawsuit does not immunize you from prosecution.”

    When Zuckerberg was a Harvard student in 2003, prosecutors said, Ceglia contracted with him to do programming work for Ceglia and Ceglia’s StreetFax.com.

    Ceglia later claimed in lawsuits that Zuckerberg “had promised him at least a 50% interest in ‘The Face Book’ project that ultimately became Facebook Inc.,” prosecutors said.

    In reality, prosecutors said, Ceglia “doctored, fabricated, and destroyed evidence to support his false claim.”

    From a statement by prosecutors (italics added):

    “In support of his claim, [Ceglia] attached a copy of what he alleged to be the two-page April 28, 2003 contract between himself and Zuckerberg (“Alleged Contract”). The first page of the Alleged Contract contained language giving [Ceglia] “a half interest (50%) in the software, programming language and business interests” derived from the expansion of “The Face Book” or “The Page Book.” The second page of the Alleged Contract contained the signatures of [Ceglia] and Zuckerberg. Also in support of his claim, [Ceglia] described emails he alleged to have exchanged with Zuckerberg between July 2003 and July 2004 via Zuckerberg’s Harvard email account (“Purported Emails”). The Purported Emails reflected conversations between [Ceglia] and Zuckerberg about the design and functionality of “The Face Book” website, as well as ways to generate income from its expansion. The Purported Emails also reflected conversations in which Zuckerberg offered [Ceglia] money to “repair [their] business relationship.”

    As alleged in the Complaint, however, [Ceglia’s] claim to having a contractual right to 50% of Facebook was entirely false. [Ceglia] simply replaced page one of the real contract with a new page one doctored to make it appear as though Zuckerberg had agreed to provide [Ceglia] with an interest in Facebook. And [Ceglia] doctored, fabricated and destroyed evidence to support his false claim. The evidence demonstrating [Ceglia’s] lawsuit is a fraud included the following:

    • A search of one of [Ceglia’s] hard drives uncovered a copy of the real April 28, 2003 contract, which [Ceglia] had emailed to an attorney in March 2004, years before his lawsuit against Facebook and Zuckerberg (“Real Contract”). Page one of the Real Contract does not refer to Facebook in any fashion, let alone give[Ceglia] a 50% interest in it.
    • The spacing, columns, and margins of page one of the Alleged Contract are different from the spacing, columns, and margins of page two of the Alleged Contract. No such differences exist as between the pages of the Real Contract.
    • A review of Harvard University’s email servers reveals that none of the Purported Emails appears in Zuckerberg’s email account as of February 2012. Further, none of the Purported Emails appears in Harvard’s backup tapes for Zuckerberg’s emails as they existed in October 2010, nor do any of the Purported Emails appear in Harvard’s backup tapes for Zuckerberg’s emails as they existed in November 2003. The emails between Zuckerberg and [Ceglia] that do exist in Zuckerberg’s email account do not show any discussion of Facebook and, contrary to [Ceglia’s] claim, show that Zuckerberg was asking [Ceglia] for money he was owed in 2004, not offering to give [Ceglia] money.
    • A forensic expert examined [Ceglia’s] hard drives and other electronic media and found evidence that in February 2011, [Ceglia] deleted files relating to the April 2003 contract with Zuckerberg and replaced them with new files that supported his lawsuit but that were backdated to make it appear as if those the files had in fact been created in 2003 and 2004. Further, a CD Rom revealed that [Ceglia] had done test runs on fabricating some of the documents, including the Purported Emails, upon which his lawsuit relied.
    • Zuckerberg and another of Facebook’s founders have said that the idea for Facebook did not arise until months after the April 2003 contract purportedly giving [Ceglia] an interest in Facebook.

    Ceglia was charged with mail fraud and wire fraud, prosecutors said.

  • Feds Arrest Alleged North Carolina Securities Scammer After SEC Sues Him; More Than $2 Million Allegedly Linked To WWebnet Lost After Being Transferred To Cayman Islands, Prosecutors Say; Robert Kelly Lied To Investors And Software-Development Team, FBI Says

    “The audacity of this defendant’s alleged scheme was matched by its simplicity. He solicited and obtained millions of dollars from investors and simply pocketed the money for personal use. He told investors they were funding software development, then told his development team he hadn’t found investors.”FBI Acting Assistant Director-in-Charge Mary Galligan, Oct. 3, 2012

    Robert Kelly of Wwebnet Inc. was running a scam in which millions of dollars were dissipated in the Cayman Islands, prosecutors said today.

    A North Carolina man sued by the SEC in August in an alleged fraud scheme now has been arrested on criminal charges.

    Robert Kelly, CEO of Wwebnet Inc., was arrested yesterday in Raleigh on charges of securities fraud and wire fraud. The criminal case was brought by the office of U.S. Attorney Preet Bharara of the Southern District of New York after a probe by the FBI.

    Wwebnet was a software company developing a program “capable of transmitting music, videos, and movies over the Internet.” But Kelly effectively looted the firm to “trade options, to pay his personal income taxes, and for other purposes unrelated to software development,” prosecutors said.

    “As alleged, Robert Kelly was simply an old-fashioned grifter touting a new technology opportunity in order to pick people’s pockets,” Bharara said. “He is the latest in a long line of defendants who allegedly lured unsuspecting investors with the allure of new technology only to be caught by law enforcement, but regrettably, probably not the last.”

    Kelly is 56. He formerly lived in New York, prosecutors said.

    At least some of the money made its way offshore and was dissipated, prosecutors said.

    “[Kelly] transferred at least $2.11 million in investor funds into his personal trading account in the Cayman Islands which he used to trade options,” prosecutors said. “By May 2008, that account had a zero balance.”

    From a statement by prosecutors (italics added):

    From 2004 through November 2008, KELLY solicited investors to send money to various Wwebnet-related bank accounts by misrepresenting that the funds would be used to develop software for transmitting music, videos, and movies over the Internet. Instead of using the millions of dollars in investor proceeds that he obtained for legitimate business purposes, KELLY diverted a substantial portion of the money that he raised for his own financial benefit. For example, KELLY transferred at least $2.11 million in investor funds into his personal trading account in the Cayman Islands which he used to trade options. By May 2008, that account had a zero balance. KELLY also used money he received from investors to pay his federal and state personal income taxes. At the same time that he was using investors’ money for his own personal benefit, KELLY falsely told his software development team that he was unable to allocate adequate resources for software development and could do so only when he was able to raise money from investors.

    Read the SEC’s August complaint.

  • Florida Recidivist Swindler John A. Mattera Pleads Guilty In Fraud Scheme That Traded On Names Of Facebook And Groupon

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

    John A. Mattera, the recidivist Boca Raton swindler who was charged civilly and criminally last year in a new caper, has pleaded guilty to one count of securities fraud, one count of wire fraud and one count of conspiracy to commit securities fraud and wire fraud, federal prosecutors said.

    He potentially faces decades in prison.

    Mattera, 50, was charged last year by the SEC and the office of U.S. Attorney Preet Bharara of the Southern District of New York with duping investors into believing his purported hedge fund had the inside track on shares of Facebook and Groupon in advance of the IPOs.

    The purported fund had the high-sounding name of “The Praetorian Global Fund,” investigators said.

    “With false promises of profitable investments in high-profile stock, John Mattera lured unsuspecting investors into a meticulously orchestrated, multi-million dollar fraud scheme, and used their money to fund his lavish lifestyle,” Bharara said.

    Investors plowed millions of dollars into the scheme, believing their money would be held in “escrow” at a Florida bank and that they’d have an advantage because Mattera held the key to higher Facebook and Groupon profits when the companies went public, prosecutors said.

    “However, instead of maintaining the investor money in the escrow accounts as Mattera promised, Mattera caused the vast majority of the funds to be transferred to other entities with which he was associated,” prosecutors said.  “Ultimately, Mattera misappropriated approximately $13 million of investor money, spending nearly $4 million on personal items for himself and his family, such as expensive jewelry, interior decorating and luxury cars.”

    And, prosecutors noted, “neither Mattera, Praetorian nor the G Power Entities held these shares of stock.”

    Mattera 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.

    Despite his history of engineering fraud schemes, Mattera positioned himself as a community volunteer and head of a foundation, rubbing elbows with the American Red Cross and Florida’s elite in the days and months leading up to his most recent scam.

     

  • Raymond Bitar, Full Tilt Poker CEO, Arrested; Gambling Site Linked To THREE U.S. Banks That Failed, Feds Say; ‘The On-Line Casino Become An Internet Ponzi Scheme,’ Top FBI Official Says

    Three vulnerable U.S. banks that processed illegal gambling payments for Full Tilt Poker in exchange for investments in the institutions later failed, federal prosecutors in the Southern District of New York said yesterday. The failures of Sunfirst Bank in St. George, Utah, and All American Bank and New City Bank — both of which were “single-branch” banks in Illinois — allegedly cost the FDIC more than $70 million.

    Now, Full Tilt Poker Chief Executive Officer Raymond Bitar has been arrested in New York. The arrest occurred yesterday upon his return from Ireland, and Bitar, 40, was charged in an 11-count, superseding indictment with lying to players about the security of their funds and other crimes. He’d earlier been charged with gambling, bank fraud, and money laundering offenses.

    News of Bitar’s arrest occurred on the same day the SEC alleged that a Georgia man effectively had gutted a bank in the state as part of a $40 million investment scheme. That man, Aubrey Lee Price,  now is listed as missing. Fraud schemes have contributed to multiple bank failures in the United States.

    In one of three counts that allege Full Tilt’s Bitar committed wire fraud against Full Tilt players, he is accused of lying to participants on an “internet forum” about players’ money being kept separate from corporate funds. Prosecutors said that Full Tilt was using players’ money as its own to sustain the scheme.

    At one point, according to prosecutors, Full Tilt owed players $344 million but had only $145 million “in all of its bank accounts.” At another point, Full Tilt owed players $390 million but had only $60 million on-hand.

    Among the astonishing allegations by federal prosecutors yesterday in the aftermath of an FBI investigation was that Vitar did not halt the Full Tilt Ponzi scheme after the government brought the initial set of charges in 2011. Instead, he continued to operate it offshore and “lured players to continue gambling with Full Tilt Poker by continuing to promise them that their funds were safe. In actuality, [Bitar] was using new customer deposits to pay off some of the backlog of player requests to withdraw funds and to cover the company’s operating expenses, including salary for [Nelson] Burtnick and himself.  In effect, Full Tilt Poker operated what was, by then, nothing more than a Ponzi scheme. When the scheme finally collapsed, Full Tilt Poker was unable to pay players the approximately $350 million it owed them.”

    Nelson Burtnick was the head of Full-Tilt’s payment-processing department. He also was charged yesterday in the superseding indictment.

    Prosecutors said Bitar and Burtnick “hired agents to create dozens of phony companies, complete with fake websites, and to open bank accounts using the names of these phony companies as a cover to process payments for Full Tilt Poker.”

    The codes of credit-card transactions were altered to circumvent Visa and MasterCard processing regulations and to dupe banks into processing illegal gambling transactions, according to the superseding indictment.

    To keep cash flowing to Full Tilt, Bitar and Burtnick also found a way to disguise e-checks that relied on “ACH” transactions routed through an electronic network administered by the Federal Reserve. Dummy companies were used to exploit the network, federal prosecutors charged.

    “Bitar and Full Tilt Poker persisted in soliciting U.S. gamblers long after such conduct was outlawed,” said Janice K. Fedarcyk, FBI assistant director-in-charge. “As alleged, Bitar has already been charged with defrauding banks to conceal the illegal gambling. Now he stands accused of defrauding Full Tilt’s customers by concealing its cash-poor condition and paying off early creditors with deposits from later customers. The on-line casino become an Internet Ponzi scheme.”

    Losses to customers involved “hundreds of millions of dollars” while Bitar and Full Tilt owners were paid “over $430 million,” said U.S. Attorney Preet Bharara.

    With yesterday’s arrest “and the new charges brought against him, Raymond Bitar will now be held criminally responsible for the alleged fraud he perpetrated on his U.S. customers that cost them hundreds of millions of dollars,” said Bharara. “The indictment alleges how Bitar bluffed his player-customers and fixed the game against them as part of an international Ponzi scheme that left players empty-handed.”

  • UNBELIEVABLE: In Alarming Fraud Allegations, Feds Say HUD-Insured Loans Issued Through Allied Home Mortgage Corp. Led To Huge Losses For U.S. Taxpayers — While Firm Used Tax Break And Virgin Islands ‘Quality-Control’ Employees Who ‘Did Not Know What HUD Was Or Even What A Mortgage Was’

    BULLETIN: Federal prosecutors in New York have filed a civil complaint against Allied Home Mortgage Capital Corp.,  Allied Home Mortgage Corp. and two Allied executives that alleges the U.S. Department of Housing and Urban Development (HUD) was put on the hook for at least $834 million in losses because of fraud at Allied.

    Part of the fraud involved certifications by Allied that its operations were clean, but investigators discovered that the firm employed “numerous convicted felons” and hired “more than a dozen” in a single year, prosecutors said.

    Losses could exceed $1 billion, and the government may file criminal charges after gathering additional evidence, authorities said.

    Named civil defendants with Allied were President and Chief Executive Officer Jim C. Hodge and Executive Vice President Jeanne L. Stell.

    Among the spectacular allegations — deemed by U.S. Attorney Preet Bharara as an Allied-orchestrated fraud scheme that created a situation of “heads-I-win and tails-you-lose” — was that the firm used a “quality-control” branch in the U.S. Virgin Islands purportedly to assess loan risk and staffed it with people who neither knew what HUD was nor what a mortgage was.

    The workers, prosecutors said, mostly were located in St. Croix and were employed by a company Hodge set up “to obtain tax benefits” — even as the Allied firms were picking the pockets of taxpayers by not accurately assessing default risk on HUD-insured home loans.

    In the past decade, Allied originated more than 110,000 Federal Housing Administration (FHA) mortgages, 30 percent of which are in default. In 2006 and 2007, the default rate mushroomed to 55 percent — and an additional 2,509 government-insured loans through Allied are now in default, potentially putting taxpayers on the hook for another $363 million on top of the $834 million they’ve already shelled out, prosecutors said.

    FHA, which insures the mortgages of customers who may not meet traditional underwriting standards, is a division of HUD. Millions of Americans receive home loans backed by the government, and lenders such as Allied are required to comply with HUD requirements and to assess risk soberly.

    “Allied and its CEO exploited a government insurance program to engage in a wholesale shifting of risk away from itself — playing a lending industry equivalent of heads-I-win and tails-you-lose,” Bharara said. “The losers here were American taxpayers and the thousands of families who faced foreclosure because they could not ultimately fulfill their obligations on mortgages that were doomed to fail. The alleged conduct in this case is egregious and our investigation is ongoing.”

    Allied operated hundreds of “shadow, unapproved branch offices that originated FHA loans,” prosecutors alleged.

    “To deceive HUD about this practice, Allied submitted loans from those branches to HUD substituting the ID number of a HUD-approved branch,” prosecutors continued. “Allied’s undisclosed shadow branches could not be audited by HUD and their default rates were disguised by the default rates of branches whose IDs they were using — IDs that were based on false certifications. While some senior managers questioned this practice, it was continued under the direction of Hodge.”

    Stell, according to prosecutors, knew she and Hodge had exposure to charges,  and “routinely had another senior manager sign the certifications to HUD because she knew they were false.”

  • 2 X BIZARRE: (1) SEC Says New York Man Used Proceeds From Unregistered Offering To Pay Restitution In Criminal Case; (2) Feds Say Philly Man Illegally Used Investor’s Funds To Pay For ‘Joy To The World’ Gala And Make Purported ‘Gold’ Purchase In West Africa

    EDITOR’S NOTE: If you’ve been wondering whether there was any ceiling to the bizarre nature of securities-fraud cases as the white-collar fraud epidemic continues, it perhaps is best to stop wondering now . . .

    A New York man has been accused by the SEC of using the proceeds of an unregistered offering for StratoComm Corp. to pay restitution owed in a previous criminal case.

    Roger D. Shearer, StratoComm’s chief executive officer, was sued Tuesday by the SEC in federal court in Albany, N.Y.

    Meanwhile, StratoComm’s outside counsel has been accused in Miami by the SEC of securities fraud amid allegations he knew StratoComm was under investigation but disclaimed knowledge of the probe in letters designed to ensure the firm’s stock would continue to be quoted on the Pink Sheets.

    Attorney Stewart A. Merkin was sued by the SEC on Monday.

    In a separate, unrelated case, a suburban Philadelphia man has been arrested on charges he solicited $4 million from an investor and “misappropriated at least half of it,” federal prosecutors in New York said.

    Charged criminally with wire fraud in the case was Tyrone L. Gilliams Jr. Gilliams owned a company known as TL Gilliams LLC, prosecutors said.

    Prosecutors said Gilliams’ victim believed the money would be used for investments in “treasury strips” — securities derived from U.S. treasury bonds.

    Gilliams, however, peeled off more than $2 million, using at least $1.3 million of it to fund a black-tie gala at the Ritz Carlton hotel in Philadelphia last year. The event was dubbed the “Joy to the World” festival. Another Joy to the World event was held in the Bahamas, prosecutors said.

    “His charade was funded by money he allegedly stole from an unwitting investor,” said U.S. Attorney Preet Bharara of the Southern District of New York.

    Another $450,000 of the $4 million was used “to refund a deposit from a prior investor,” and more than $200,000 went to a real estate title company, prosecutors said.

    Smaller sums went for other “improper purchases,” and Gilliams “wired approximately $1.6 million to Ghana, for what he has since claimed was an investment in gold,” prosecutors said.

    “Gilliams misrepresented to an investor how solicited funds would be used,” said FBI Assistant Director-in-Charge Janice K. Fedarcyk.

    In the civil case against Shearer and StratoComm, the SEC alleged that StratoComm, acting at Shearer’s direction and with the assistance of former StratoComm executive Craig Danzig, “issued and distributed public statements falsely portraying the company as actively engaged in the manufacture and sale of telecommunications systems for use in underdeveloped countries, particularly Africa.”

    But the firm “had no product and no revenue,” the SEC charged, alleging that “Shearer and Danzig sold investors approximately $3 million worth of StratoComm stock in unregistered transactions.

    “Shearer used much of that money for his own purposes, including paying a substantial part of the restitution he owed in connection with his guilty plea in a prior criminal proceeding,” the SEC said.

    Merkin, StratoComm’s counsel, wrote “four attorney representation letters for posting on the website of Pink Sheets LLC and its successor, Pink OTC Markets, Inc.,” the SEC said. “In those letters Merkin disclaimed knowledge of any investigation into possible violations of the securities laws by StratoComm or any of its officers or directors. However, the SEC’s complaint also alleges that Merkin was representing StratoComm and several individuals in connection with the SEC’s investigation at the time.

    “Nevertheless, in order that StratoComm’s shares would continue to be quoted, the SEC’s complaint alleges that Merkin falsely stated that to his knowledge StatoComm was not under investigation,” the SEC said.