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Tag: U.S. Patent and Trademark Office

  • SPECIAL REPORT: Hollow Claim: Caller Brings Up AdSurfDaily Ponzi Prosecution In JSS Tripler/JustBeenPaid Conference Call; Frederick Mann Tells Affiliates Operating In United States That ‘We Don’t Have An Office In The U.S.’

    “[F]raudulent commercial schemes are not noted for their internal consistency.” — Professor James E. Byrne, consultant to FBI and Scotland Yard (among others) and HYIP expert hired by U.S. government to assess the alleged Pathway To Prosperity scheme in 2010

    Frederick Mann

    In a bizarre conference call for the JSS Tripler/JustBeenPaid “program,” a caller who identified himself as a former AdSurfDaily member raised the issue of the ASD Ponzi scheme case brought by the U.S. Secret Service in 2008, questioning whether JSS/JBP was safe from regulatory scrutiny or “getting too big and drawing certain attention.”

    The implication of the remark was that the attention of the U.S. government would be unwanted.

    With listeners identifying themselves as U.S.-based members of JSS/JBP on the line, Frederick Mann suggested that his purported program was outside the reach of U.S. law enforcement.

    “Just Been Paid is not based in the U.S.,” Mann replied to the caller, after the female host of the call  had paraphrased the caller’s query to Mann. The host paraphrased the question because Mann said he didn’t catch it the first time around.

    ” . . .  [H]e was making reference to AdSurfDaily and that they were closed down, and he wants to know what we have in place to protect Just BeenPaid for it not to happen like AdSurfDaily,” the host said to Mann.

    “Just Been Paid is not based in the U.S., and our servers are not in the U.S.,” Mann replied. “We don’t have an office in the U.S.”

    But Mann’s answer did not speak to costly civil and criminal litigation that could ensue against JSS/JBP’s U.S.-based members, all of whom are using wires that run through the United States to participate in the purported program and some of whom are using U.S. wires to recruit downline members. Nor did the answer speak to actions the United States could take against JSS/JBP itself.

    In 2008, marketing materials identified Mann as an ASD promoter. In January 2012, the Italian securities regulator CONSOB announced a JSS/JBP-related probe and issued a 90-day suspension order. JSS/JBP purports to pay out at a daily rate of 2 percent, double that of ASD. On an annualized basis, the payout rate of JSS/JBP corresponds to a return that is between 48 and 73 times the typical rates that put Bernard Madoff in prison for 150 years. ASD President Andy Bowdoin was indicted on Ponzi scheme charges in December 2010.

    Bowdoin specifically was accused of wire fraud, securities fraud and selling unregistered securities. The U.S. Secret Service seized 10 of his personal bank accounts in August 2008, amid Ponzi allegations. Other court filings that became public in 2010 showed that the Secret Service also had seized bank accounts linked to some individual ASD promoters.

    Mann previously has declined to identify JSS/JBP with a nation-state, meaning investors do not know where the “program” is operating from. JSS/JBP has no known securities registrations, and its U.S. affiliates very well could be selling unregistered securities to U.S. citizens via wire while at once implicating themselves and their recruits in a Ponzi scheme that is trying to disguise itself as a legitimate business.

    Even if it is presumed to be true that the United States could not act against the company itself — and that’s a big “if” because U.S. law enforcement has a number of options should it choose to exercise them — U.S.-based affiliates of the “program” likely are running afoul of any number of civil and criminal statutes.

    Internal Inconsistencies

    In 2010, Professor James E. Byrne — who has consulted with the FBI and Scotland Yard and was hired by the United States to offer an expert opinion on the Pathway To Prosperity (P2P) HYIP scheme — observed that “fraudulent commercial schemes are not noted for their internal consistency” and that materials he examined in the P2P case displayed such inconsistencies.

    After a probe by the U.S. Postal Inspection Service, P2P operator Nicholas Smirnow was charged criminally and accused of running an international financial scam. The purported return rate of JSS/JBP is somewhat on par with the rates of the alleged Smirnow/P2P HYIP scheme.

    Internal inconsistencies were on full display during the March 8 JSS/JBP call featuring Mann.

    As one example, a caller who identified himself as “John” and appeared to be speaking in U.S. English asked Mann for some specifics about the program, voicing that he was confused.

    “All your marketing material — your website and now this conference call — has confused me more than anything I’ve ever heard in my life,” John said.

    “You don’t have any answers for the [gentlemen] that have asked questions,” John said.

    Mann suggested that John “submit a help request.”

    Apparently growing agitated and increasingly confused, John shot back, “I submit that I just would like to have a straight answer.”

    Mann again pointed John to the company’s web-based explanations and resources.

    “The basic approach” to JSS/JBP, Mann explained, is to “find one thing that you understand and then find another thing that you understand, and that way you keep on finding things that you can understand.”

    Unmoved by Mann’s response, John shot back, “I have two master’s degrees and I’m telling you that I do not understand it.”

    John was the seventh caller to have asked Mann questions during the March 8 call. An eighth caller then came on the line. He identified himself as “Rick” (or by a name that sounded like Rick), saying he was from “California.” (Note: Garbling during the recorded call sometimes made it difficult to hear a name clearly.)

    Rick questioned whether callers such as John should be asking Mann such “basic” questions, asserting that Rick, unlike John, had no master’s degree but nevertheless understood the program.

    At that point, Mann observed that online money-making programs may have a “bigger learning curve.”

    After Rick exited the line, a caller who identified himself as “Michael” from “San Francisco” stepped up to the plate for Mann and JSS/JBP.

    Michael asserted that, like John, he has a “master’s degree,” adding that “I have lots of degrees” but noting that his academic pedigree was “really not applicable to online money-making.”

    As guidance, Michael suggested that JSS/JBP promoters sign up for “all” of the payment processors used by the program — but Michael did not tell listeners that all of the processors with which JSS/JBP has associated itself are operating offshore (from a U.S. standpoint), are known to be friendly to fraud schemes and may deny customers U.S. consumer protections.

    More Internal Inconsistencies

    Other examples of internal inconsistencies presented themselves during the call, a recording of which was about 48 minutes in length.

    One caller who identified himself as residing in “Florida” asked Mann about the importance of the “patent” claim on JBP’s website.

    Mann initially replied that the “patent” claim is “not important at all.”

    The response, however, gives rise to questions about why JSS/JBP even would mention a patent if it was “not important at all,” particularly since the “program” had altered the patent claim over time.

    Prior to a website alteration that appears to have occurred last month, JSS/JBP made this specious claim: “JustBeenPaid! (JBP) and its related programs, including JSS-Tripler, are licensed under United States Patent 6,578,010.”

    Those words were changed to read, “JustBeenPaid! (JBP) and its related programs operate in accordance with United States Patent 6,578,010 (now public domain).”

    After reflecting on the caller’s patent question, Mann said this, “In any case, the patent is public domain. It doesn’t actually protect anything. But what is relevant about it is that a patent that covers some of what we do was issued and was approved by a government agency.”

    In the United States, patents are issued by the U.S. Patent and Trademark Office, a government entity. The office is not the nation’s securities regulator.

    It is common for scammers to try to associate a scheme with the government as a means of planting the seed that the government has full knowledge of the “program” and has endorsed it.  The ASD scheme, for example, traded on the name of the President of the United States — something that caught the attention of the U.S. Secret Service, which has the twin duties of guarding the President’s life and protecting the U.S. financial system from criminals.

    Callers also expressed confusion about “commission” payments from JSS/JBP and raised questions about an emerging JSS/JBP “Platinum” program that would accompany an existing “Premium” program through which some earlier members had paid higher fees believing they would “cycle” faster and make more money.

    Based on comments made during the call, it appears as though the “Platinum” program is priced higher than the “Premium” program — and members are concerned that their earlier “Premium” purchases would be for naught if new “Platinum” purchasers effectively could pay more money to cut in line and “cycle” faster than them.

     

     

  • DISTURBING: JSS Tripler-Related Domain Listed In CONSOB Action Is Based In United States — But Suddenly Starts Redirecting To ‘JustBeenPaid’ Site In The Netherlands; Claim That ‘We’re Not Located In Any Unfriendly Political Jurisdictions’ Exposed As Rank Deception

    On Jan. 23, CONSOB, the Italian securities regulator, made public an action against promoters of JSS Tripler, a “program” that advertises an annualized return of 730 percent. The claim alone would be enough to make Bernard Madoff or Charles Ponzi himself blush.

    Or projectile-vomit.

    But if the CONSOB action were not trouble enough, one of the JSS Tripler-related domains listed in the agency’s action is hosted in Utah, according to domain records. The domain, which forms its root with a hyphen splitting the proper name of JSS Tripler — i.e., JSS-Tripler.com — continued to serve pages from Utah for several days after CONSOB’s Jan. 23 announcement. The domain, for instance, published daily updates on the number of days JSS Tripler itself purportedly had been in action.

    Among the graphics on the Utah-hosted landing page was an image of a JSS Tripler pitchwoman who appeared to be Asian in descent. Assuming the woman actually exists, her nationality remains a mystery. At a time uncertain between Feb. 2 and Feb. 3, however, the site stopped serving content and instead began to redirect to a JustBeenPaid subdomain styled “marketing” that is hosted in the Netherlands.

    Whether a U.S. resident or citizen of another country who reached across international borders applied the redirection is unclear. What is clear is that the United States could join Italy in exercising  jurisdiction over JSS Tripler and its promoters if it chose to do so. The site also is accessible through individual U.S. states, meaning regulators at the state level also could exercise jurisdiction.

    A state’s choice to exercise jurisdiction over the sale of unregistered securities is hardly unusual in the HYIP sphere. Florida, for example, exercised jurisdiction over AdSurfDaily and operator Andy Bowdoin. North Dakota exercised jurisdiction over Pathway to Prosperity and operator Nicholas Smirnow. Oregon exercised jurisdiction over an abomination known as “I Need Cash,” a cycler operated by Kristopher K. Keeney.

    JustBeenPaid and Frederick Mann, a murky figure who once claimed to be an ASD promoter, are the purported operators of JSS Tripler. The Netherlands subdomain shows an image of a man at the top of the page. That man is described on the site as “Louis Paquette, JBP Affiliate Sales & Marketing Director.”

    The redirection, which occurs in Utah, according to server data, is virtually immediate — meaning that the previous content and photo of the woman of Asian descent no longer load and that the traffic is switched to the Netherlands page that shows the purported image of Paquette.

    Among other things, this development raises questions about who caused the Utah server to redirect to the Netherlands domain and precisely why the change was made on the heels of the CONSOB action. Whether JustBeenPaid or JSS Tripler themselves had control over the Utah domain is unknown.

    At a minimum, though, the presence of the Utah domain may be evidence that JustBeenPaid/JSS Tripler not only sold unregistered securities to U.S. citizens, but did so from inside the United States with a U.S. promoter or a promoter from another country with access to the Utah server at the helm. And because the redirect to the JustBeenPaid subdomain in the Netherlands occurs from inside the United States, it exposes a JustBeenPaid/JSS Tripler lie that the “opportunity” protects itself and promoters from investigation and/or prosecution.

    Even if the redirection were not occurring in the United States, the CONSOB action destroys the myth that the “opportunity” is outside the reach of law enforcement.  So does the simple fact that any regulator in the world could take action against the “opportunity” and its promoters. Indeed,  the cross-border nature of the scheme puts investors in virtually all jurisdictions at risk. Individual promoters could be targeted for investigation/prosecution in multiple jurisdictions — and if actions such as those begin to occur, the access of Just BeenPaid/JSS Tripler to cash sources could dry up.

    A claim by a MoneyMakerGroup Ponzi-forum promoter that Just BeenPaid/JSS Tripler has paid out more than $10 million to investors may demonstrate the vast reach of the “opportunity” and its ability to tap funding sources while siphoning undisclosed sums for itself. Just BeenPaid/JSS Tripler may be no Madoff, but $10 million still is a massive sum, one that should raise eyebrows in the worldwide law-enforcement community.

    Content accessible from the Netherlands-based JustBeenPaid subdomain — marketing.justbeenpaid.com — raises other troubling concerns. This statement (next paragraph) appears at the bottom of a “login” page in the JustBeenPaid root domain. The statement is accessible through the “marketing” subdomain. (Indent/italics added):

    Secure Offshore Servers
    — Our servers are in a strategic location.
    We pay special attention to security.
    Our servers are organized so upgrading and expansion are very easy.

    Offshore Business
    — Our business operations are geographically decentralized.
    We don’t have any central office.
    We’re not located in any “unfriendly political jurisdictions.”

    As a practical matter, the mere fact the page is accessible through a redirect that occurs in the United States may destroy any claims that JustBeenPaid/JSS Tripler protects members against “unfriendly political jurisdictions.” Any transaction that occurred or occurs through the Utah domain necessarily involves wires in the United States.

    Regardless of the domain or email address through which business is conducted, any U.S.-based promoter of JustBeenPaid/JSS Tripler is using wires inside the United States, a situation that brings wire fraud into play — in addition to the securities issues.

    A more troubling question, perhaps, is why JustBeenPaid/JSS Tripler even would have the need to make such a claim if its international business is above-board. The same enterprise also claims to have a U.S. patent, a specious claim in the context of securities because the U.S. Patent and Trademark Office does not regulate the securities markets of the United States or any other country.

    Is JustBeenPaid/JSS Tripler The BCCI Of The HYIP World?

    In the early 1990s, a corrupt international banking enterprise known as Bank of Credit and Commerce International created a worldwide financial scandal. The bank perhaps was best known by its acronym — BCCI — and purportedly was designed to be “offshore everywhere.”

    JustBeenPaid/JSS Tripler is making the same sorts of claims associated with BCCI, a spectacularly bright red flag if ever there was one.

    But if that bright red flag were not enough, other content accessible through the “marketing” subdomain of JustBeenPaid sends signals that positively glow of danger. Indeed, a “Member Agreement” link accessible through the site includes this language. (Indent/italics added):

    6. I affirm that I am not an employee or official of any government agency, nor am I acting on behalf of or collecting information for or on behalf of any government agency.

    7. I affirm that I am not an employee, by contract or otherwise, of any media or research company, and I am not reading any of the JBP pages in order to collect information for someone else.

    Any political jurisdiction in any part of the world easily could construe those words as an invitation extended by JustBeenPaid/JSS Tripler to investors to join an international conspiracy engaging in organized crime and mass-marketing fraud.

    The same type of claim became an element of the Legisi HYIP prosecution in the United States. The Legisi prosecution, which ultimately involved the SEC, began as an undercover operation between the U.S. government and the state government of Michigan.

    Even more land mines emerge when one considers that JustBeenPaid/JSS Tripler  is being promoted on Ponzi boards such as MoneyMakerGroup and TalkGold, both of which are referenced in U.S. federal court files as places from which Ponzi schemes are promoted.

    Veteran forum and social-network hucksters are promoting JustBeenPaid/JSS Tripler, including promoters linked to the AdSurfDaily Ponzi scheme case in the United States and CONSOB’s earlier action involving Club Asteria, another Ponzi forum darling.

    Depending upon how the universe lines up, JustBeenPaid/JSS Tripler could find itself starving for cash in very short order. It is a program that is thumbing its nose at law enforcement across the globe — and its willfully blind promoters could find themselves named in individual actions just about anywhere.

    It is the very definition of an international financial conspiracy of the most dangerous sort, a sort of emerging BCCI of the HYIP world.

    BEFORE

    This is the top of the page at the JSS-Tripler.com domain as it existed on Jan. 30, 2012.

    AFTER

    This is the top of the "marketing" subdomain of JustBeenPaid.com as it exists today. Prospects who visit the Utah-based JSS-Tripler domain referenced in the "BEFORE" screen shot above now are redirected to the Netherlands-based "marketing" subdomain of JustBeenPaid. The switch occurs in Utah, according to server data.

  • In Wake Of CONSOB Action, Affiliate ‘Press Release’ Calls JSS Tripler Members ‘Investors’ EIGHT Times And Suggests U.S. Government Approves Purported ‘Program’ That Advertises Return Rate That Dwarfs Madoff

    You can’t make this stuff up . . .

    A week after CONSOB, the Italian securities regulator, announced it was opening a probe into the activities of JSS Tripler promoters amid claims the absurd “program” advertised returns that would make Bernard Madoff blush, a new “press release” ignores the CONSOB development, calls participants “investors” (eight times) and suggests the U.S. government has approved the JSS Tripler “program.”

    The issues in the Italian probe are whether JSS Tripler and promoters are selling unregistered securities as investment contracts unlawfully as part of a multilevel online scheme that offers preposterous returns that compute to an annualized rate of 730 percent — with compounding “bonuses” and two-tier downline commissions totaling 15 percent on top of the advertised returns.

    Madoff, jailed for 150 years in the aftermath of the collapse of his massive Ponzi scheme, generally offered annualized returns between 48 and 73 times lower than the advertised JSS Tripler returns.

    Dated today, the “press release” appears to have been issued by a JSS Tripler affiliate and is available through Google News. The release does not mention the week-old CONSOB probe. Nor does it identify either the affiliate or the purported company as individuals or entities authorized in any jurisdiction to sell securities.

    Moreover, the release does not seek to qualify customers in any way. The only apparent customer qualification is access to a bank or payment account to send money to JSS Tripler and wait for ludicrous profits in return.

    A Patent Absurdity

    “Thousands of high return programs on the internet have been created for people who want to work from home,” the release begins. “However, the majority of these fast money work home (sic) programs are not sustainable. Frederick Mann solved this problem with his recently US patented system JustBeenPaid! and its subprogram JSS Tripler.”

    “JustBeenPaid” (JBP), an exceptionally murky entity, is the purported operator of JSS Tripler. Frederick Mann, JBP’s purported operator, once advertised that he was a promoter for AdSurfDaily, which the U.S. Secret Service has described as an online Ponzi scheme involving at least $110 million.

    JBP itself is advertising a U.S. patent, a specious and hollow claim. Regardless of whether a patent exists as part of JBP’s purported software platform, the U.S. Patent and Trademark Office does not regulate securities markets or approve the issuance of securities.

    Those responsibilities rest with the world’s securities-regulatory bodies, including — for just two examples — CONSOB in Italy and the SEC in the United States. Virtually all developed countries have such regulatory bodies. In the United States and Canada, individual states and provinces also have regulatory responsibility over securities.

    Scams routinely make specious claims and divine a connection to government as a means of disarming doubting prospects. The relatively new “patent” claim in the context of JSS Tripler, however, could be a sign that the “program” is becoming increasingly desperate to raise cash and has dialed up its deception to achieve that end.

    The nationality of the press-release author was not immediately clear. But he is using a Google Gmail address and appears also to be presenting the release in U.S. English, based on the spelling of the word “program” (as opposed to the chiefly British  “programme”) and certain elements of punctuation associated with U.S. English.

    The release, which is accessible from the United States, has five embedded JustBeenPaid affiliate links, each of which rotates to a pitch page with a signup prompt page that asks investors to register using a Gmail address.

    Among the incongruities about JBP/JSS Tripler is that the purported opportunity continued to solicit customers to register with Gmail addresses — even after Google-owned YouTube deleted promos for the “opportunity” last year.

    One promoter on the MoneyMakerGroup Ponzi forum asserted that he could overcome the deletions because he exercised control over hundreds of YouTube accounts.

    “No sweat, I own over 500 Youtube accounts, so I’ll just keep making videos like normal, plus I can always use Viddler and Windows movie maker and facebook video as well,” MoneyMakerGroup poster “gtprosperity” claimed.

    Apparently oblivious to the CONSOB probe, the serious concerns about the unlawful sale of securities and the bizarre JBP/JSS Tripler developments over many months, the author of the news release asserts that the “program currently has over 125,000 members, and over 2,000 new investors join each day.

    “Investors can earn a 2 percent daily, with over 60 percent earned in a month,” the release claims. “Investors earn 2 percent daily on each position they purchase. New positions can be bought with money or earnings. Daily earnings can also be cashed out by sending them to one’s JSS account for withdrawal. Withdrawals take 24 hours to process.”

    “Work Home Fast Money Making System To Earn Extra Income Recently US Patented,” the release headline reads.

    A JPB/JSS Tripler claimed on the MoneyMakerGroup Ponzi forum yesterday that he planned to buy a “motor home” with his profits and travel the United States.

    Among the potential problems with the claim is that it likely demonstrates that JBP/JSS Tripler is selling unregistered securities as investment contacts to U.S. citizens — even as it is doing the same thing in Italy and other countries.

     

  • URGENT >> BULLETIN >> MOVING: JSS Tripler Promoters Targeted By Italian Regulator CONSOB In Securities Probe

    URGENT >> BULLETIN >> MOVING: Your time soon may be up if you’re flogging the absurd HYIP known as JSS Tripler.

    CONSOB, the Italian securities regulator, has opened a probe into the activities of multiple promoters amid concerns the purported “program” is being offered to Italian citizens unlawfully as a security. JSS Tripler is an arm of “JustBeenPaid,” a Ponzi-forum darling that has been serving up a heavy dose of the bizarre for months.

    The agency has issued a 90-day suspension order.

    Details of the CONSOB probe and the precise number of investigative targets were not immediately clear to the PP Blog, owing to the lack of a quality Italian-to-English translation. But the websites of multiple entities or individuals who appear to be JSS Tripler affiliates are referenced by CONSOB in a 90-day order dated Jan. 20 and made public Jan. 23.

    JSS Tripler’s name also is referenced in the order.

    If a JSS Tripler-related domain cited in the translation is accurate, the domain appears to be hosted in the United States.

    Among the bizarre claims associated with JSS Tripler promoters were that the company was moving to “offshore” servers and performing a restart.

    Affiliates were required to affirm they were not government spies or media lackeys.

    JustBeenPaid is known to have promoters in common with ClubAsteria, a “program” that came under CONSOB’s lens last year. The purported opportunity also is known to have promoters in common with the alleged AdSurfDaily Ponzi scheme.

    Some JSS Tripler affiliates identify Frederick Mann as the honcho-in-chief. In May 2008, Mann positioned ASD as a “cash cow,” claiming he pocketed $6,000, according to records. Last year, the purported JustBeenPaid “opportunity” was trading on celebrity names such as Warren Buffett, Oprah Winfrey — and even fictional space man “Mr. Spock.”

    Here is the CONSOB announcement — via an English translation by Google Translate.

    Another “program” apparently named “System Explosion” also is referenced in the CONSOB suspension order. The domain for that program, which appears to be an HYIP or arbitrage program of some sort, also appears to be hosted in the United States.

    Among the payment processors listed on the JSS Tripler-related domain and the System Explosion domain are AlertPay, SolidTrustPay and LibertyReserve.

    An ad for JustBeenPaid appears on the SystemExplosion domain. When clicked, it appears to route to a subdomain of the JustBeenPaid domain, which beams this bizarre and vacuous message:

    “JustBeenPaid! (JBP) and Its (sic) related programs are Licenced (sic) under United States Patent 6,578,010.”

    The U.S. Patent and Trademark Office, however, is not the agency that regulates securities programs and purported business opportunities, even if JustBeenPaid could demonstrate that some sort of patent exists. As a practical matter, it is virtually impossible to conceive that market regulators in any country could be thwarted from opening probes based on claims that a system was patented.

    If anything, such a claim in the context of programs that purport to pay a return may only intensify regulatory scrutiny. CONSOB, for instance, referenced JSS Tripler’s purported returns of 2 percent a day.

    JSS Tripler is not to be confused with JSS Tripler 2 (T2), an equally bizarre “program” that appears to be a knockoff on the name of JustBeenPaid’s JSS Tripler arm. T2 also uses AlertPay.

    Like JSS Tripler, T2 also was promoted on Ponzi forums such as TalkGold and MoneyMakerGroup.