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Tag: U.S. Postal Inspection Service

  • Judge Jails New York Man After Arrest On Cyberstalking, Wire Fraud And Mail Fraud Charges; Vitaly Borker Used Multiple Identities To Bully, Terrify Online Shoppers, Feds Say

    A New York man was arrested by the U.S. Postal Inspection Service yesterday in a bizarre case in which it was alleged he threatened to assault customers of his bogus online eyeglasses shop.

    Vitaly Borker, 34, of Brooklyn, was denied bail. He bizarrely told the New York Times weeks ago that he threatened customers as a means of improving Google search-engine listings for his company, DecorMyEyes.com.

    Federal prosecutors now say Borker used multiple identities in his cyberstalking scheme and was selling “counterfeit and inferior quality goods.”

    “Online consumers should never be in fear for their safety simply because they have chosen the convenience of Internet shopping,” said U.S. Attorney Preet Bharara. “But that is what allegedly occurred in this case. Vitaly Borker, an alleged cyberbully and fraudster, cheated his customers, and when they complained, tried to intimidate them with obscenity and threats of serious violence.”

    The allegations against Borker, who allegedly used the aliases of “Tony Russo” and “Stanley Bolds,” are stunning. Borker allegedly:

    • Called one customer a “[f******] whore” and threatened to “come after” and “get” the victim and her husband and to sue them.
    • Told another customer he knew where she lived, that he lived only “one bridge away” and that he would come to her home and carry out a violent sexual assault. The threats continued repeatedly.
    • Told the same customer he had sued her in small-claims court and provided a bogus docket number.
    • Emailed a photo of the victim’s residence to the victim. Later advised her that “I AM WATCHING YOU!”
    • Told another female victim that he knew where she lived, that he was watching her and threatened to “kick her ass” and carry out a violent sexual assault.
    • Threatened a male customer and emailed the customer’s work colleagues, accusing the customer of being a narcotics user and describing the customer to his colleagues as a homosexual.
    • Called another customer vulgar names and threatened to “crush” eyeglass frames the customer had returned and “ship the powder back to him.”

    After Borker’s arrest, U.S. Magistrate Judge Michael H. Dolinger denied him bail, saying that the defendant was either “verging on psychotic” or had “an explosive personality,” according to the New York Times.

    The Times earlier had reported that Borker claimed to have mistreated customers because it helped him improve his search-engine rankings.

    Read the federal complaint against Borker.

  • BULLETIN: National Investment-Fraud Sweep Dubbed ‘Operation Broken Trust’ Nets 532 Defendants; AG Holder Says Capers Caused More Than $10 Billion In Losses; ‘Undercover Operations’ Part of Task Force Arsenal

    U.S. Attorney General Eric Holder and members of President Obama’s Financial Fraud Enforcement Task Force said this morning that a nationwide sweep known as “Operation Broken Trust” has netted 343 criminal defendants and 189 civil defendants.

    Among the targets of the sweep were purveyors of Ponzi schemes, affinity fraud, prime bank/high-yield investment scams, foreign exchange (FOREX) frauds, business-opportunity fraud and other similar schemes, investigators said.

    Some of the defendants “filed for bankruptcy in an attempt to avoid claims by victim-investors,” investigators said.

    The combined losses in the schemes, which affected 120,000 investors, were estimated at $10.4 billion, Holder said. He was joined in the announcement by FBI Executive Assistant Director Shawn Henry; U.S. Securities and Exchange Commission (SEC) Director of Enforcement Robert Khuzami; U.S. Postal Inspection Service (USPIS) Chief Postal Inspector Guy Cottrell;  Deputy Chief Rick Raven of the Internal Revenue Service Criminal Investigation (IRS-CI); Acting Director of Enforcement Vince McGonagle of the U.S. Commodity Futures Trading Commission (CFTC); and other members of the Financial Fraud Enforcement Task Force.

    “With this operation, the Financial Fraud Enforcement Task Force is sending a strong message,” said Holder.  “To the public: be alert for these frauds, take appropriate measures to protect yourself, and report such schemes to proper authorities when they occur. And to anyone operating or attempting to operate an investment scam: cheating investors out of their earnings and savings is no longer a safe business plan — we will use every tool at our disposal to find you, to stop you, and to bring you to justice.”

    The calling card of the schemes was greed, Henry said, adding that undercover probes are part of the Task Force’s arsenal.

    “This operation highlights the scope of this problem, and its impact on individuals from all walks of life,” said Henry.  “This one sweep alone involves fraud schemes that harmed more than 120,000 victims. The schemes may change, but the underlying greed does not. Working with our partners, we in the FBI will use all the investigative techniques in our arsenal, including undercover operations, to bring those responsible to justice.”

    Khuzami, meanwhile, said the law-enforcement community was pursuing multiple forms of fraud.

    “Fraud by well-known companies or high-profile executives gets the biggest headlines, but other scams are equally devastating to hard working families and retirees,” said Khuzami. “Victims want justice and don’t much care who the fraudster is or how unique the fraud. Today’s actions underscore that law enforcement agrees and will pursue fraud in whatever form.”

    Read Holder’s announcement, made this morning in Washington.

    President Obama authorized the Financial Fraud Enforcement Task Force in November 2009. In January 2010, Holder ventured to Florida to speak about the aims of the Task Force and to warn scammers that the government was serious about putting them in jail.

  • BREAKING NEWS: Atlanta Securities Attorney Gregory Bartko Jailed Immediately After Guilty Verdicts In North Carolina Fraud Case; Judge Finds That Lawyer Committed Perjury While Testifying

    The Atlanta securities attorney who was defending clients in the alleged Billionaire Boys Club Ponzi case in Detroit and then was indicted in North Carolina on charges that he was running his own fraud scheme has been found guilty.

    Gregory Bartko was immediately jailed by U.S. District Judge James C. Dever III, who found that Bartko had committed perjury on the witness stand in the North Carolina case. Jurors had just returned guilty verdicts against Bartko for conspiracy, mail fraud and selling unregistered securities.

    How the Detroit case in which Bartko was representing accused Ponzi schemer John J. Bravata against civil charges filed by the SEC will proceed is unclear.

    Prosecutors said the North Carolina case against Bartko was one in which an attorney tried to hide behind criminals to insulate himself from prosecution.

    “We should not let criminals get away simply because they have carefully covered their tracks,” said U.S. Attorney George E.B. Holding of the Eastern District of North Carolina.

    “Complicated and difficult crimes by sophisticated and careful criminals may not be easy to investigate or prosecute, but they are some of the most important cases our office handles,” Holding said. “In this case, an experienced Atlanta securities attorney had used other criminal players to insulate himself from prosecution. He had evaded SEC audits, avoided examination by the bar association, and managed to fool nearly everyone, keeping both his license to practice law and his securities licenses.

    “The Defendant was involved in a scheme to defraud victims of millions of dollars but yet was still representing clients before the SEC,” Holding said. “Such a defendant deserves to be prosecuted to the full degree under the law.”

    Assisting in the Bartko case were the FBI, the U.S. Postal Inspection Service, the IRS and the North Carolina Secretary of State’s Office.

    See earlier story on the PP Blog.

    See Holding’s news release on the conviction and jailing of Bartko.

    The 2009 Michigan case became known as the “Billionaires Boys Club” prosecution because a Bravata company was named “BBC Equities,” and the SEC asserted in July 2009 that BBC was intended to stand for “Billionaire Boys Club.”

    A California Ponzi scheme in the 1980s also was known as “The Billionaire Boys Club.”

  • DISTURBING: Email Received By Some ASD Members Suggests They Could Be Sued For Participating In Refund Program; Records Suggest ‘Legal Opinion’ Was Offered By Man Named In Complaints For ‘Unauthorized Practice Of Law’ And Linked To ‘Extremist Group’ By Anti-Defamation League

    In a bizarre and unsettling development, some members of AdSurfDaily who may be planning to file for restitution through the official claims administrator have received a confusing and threatening email from a “group” of ASD members.

    The email, which appears to be a compendium that cobbles together communications from the group and asks ASD members to pass along the information, implies that ASD members who file for restitution through the government-approved process may face legal action from the group, which has or will file claims against the “illicit UNITED STATED (sic) OF AMERICA INC. et al” for its prosecution of the ASD Ponzi scheme case brought by the U.S. Secret Service in August 2008.

    The lawsuit threat appears to be targeted at ASD members who are planning to file a restitution claim through Rust Consulting Inc. of Minneapolis. Rust Consulting is under contract with the government to administer the restitution program through a process known as remission in which ASD members must certify they are crime victims.

    Pasted into the email is a purported “legal opinion” by a person described as “Keny” of “AMERICAN-International Business Law inc. (sic).”

    “Keny” does not appear to be the source of the lawsuit threat. Rather, the email quotes a purported “legal opinion” by “Keny” — and then implies members who file through Rust Consulting may be sued by members of the group. The email asks members not to file for a refund through the official process.

    “Please send me your response(s) and I will manage the feedback timely,” says an email signed “MYHUB.” “Again, we are asking that our Claimants do not engage in the DOJ’s Remission Process, as long you want to maintain being part of our Group Claims whatsoever. If you are indeed wanting to eat on the other side of the fence, you must let us know before you submit anything to the DOJ, without causing us potential harm and further damages. In case you were to fail to notify us, we would have a possible claim against you, and that’s not what you want us to do in the first place.

    “We very much appreciate your understanding in this rather sensitive time of legal dealings,” the email continues. “No worries, we are just getting started to fight for and along with you. If you feel that this email could help some of your friends in ASD that are not part of our Group Claims, we are allowing you to share and forward this email as long it doesn’t end up in Blogs et al., but then again, people need to be informed since they can’t read and or understand the legal language or the meaning of words any longer.”

    Google search results include multiple references to “AMERICAN-INTERNATIONAL BUSINESS LAW INC” and a person referenced as “Keny.”

    One of the references appears on a website operated by Cornell University Law School under a heading of “Legal Services & Lawyers.” The Cornell reference identifies a person named Kenneth Wayne Leaming of AMERICAN-INTERNATIONAL BUSINESS LAW INC. of Spanaway, Wash. The Cornell site notes that correspondence should be sent to the attention of “Keny” and that Kenneth Wayne Leaming practices “Admiralty/Maritime, Business Law, Estate Planning and Native American Law.”

    Records at the Practice of Law Board at the Washington State Bar Association (WSBA) say that Kenneth Wayne Leaming, also known as Kenneth Wayne, was accused of the unauthorized practice of law by clients in 2005.

    One client accused Leaming of “actively market[ing] legal services via seminars and the internet” and of providing “legal advice” and preparing “pleadings for many clients,” according to WSBA.

    Another client accused Leaming of contracting with him “to assist him in avoiding an IRS lien on his home” and failing to provide the services.

    On Dec. 20, 2005, WSBA said in a letter to Leaming that his “conduct constitutes the unauthorized practice of law.” The final disposition of the matter was not immediately clear. Also unclear is whether Leaming ever was a licensed attorney or authorized to practice law in any state.

    Separately, the Anti-Defamation League (ADL) lists Leaming as a member of an “extremist group” known as “Little Shell Pembina Band of North America.”

    Leaming, according to ADL, is a “self-described ‘recognized international lawyer’ who once served as a deputy sheriff and member of the Civil Rights Task Force, a “sovereign citizen group that has used badges and raid jackets to resemble law enforcement officers.”

    “His CRTF partner, David Carroll Stephenson, was ordered by a federal court in March 2004 to stop promoting an alleged tax scam that allowed people to avoid an estimated $43 million in federal income taxes,” according to ADL.

    The identity of “MYHUB” was unclear in the email received by ASD members. Portions of the email were pieced together by a sender known as “Sara.” A person named Sara Mattoon once served as ASD’s official spokeswoman and is referenced in a court filing by the Secret Service in 2009.

    In the email, “Sara” referenced remarks attributed to “Keny” as a “legal opinion about why it may be unwise for you to fill out the [Rust Consulting] form, aside from it working against ASD.”

    The “Sara” email then reproduces the “MYHUB” email and the purported “legal opinion” by “Keny.”

    The purported legal opinion describes the Rust Consulting website, which is listed in court documents as the official site for ASD victims, as “almost exclusively a propaganda site to get the viewer to ‘believe’ the gov’t LIE that advertising via network marketing on the internet is somehow bad business and fraudulent, and solicit false testimony from the viewer based on the false information!”

    In yet-another email received by ASD members, a fellow member referenced as “Robert” also referred to the claims program administered by Rust Consulting. The email from “Robert” includes an unattributed opinion, meaning the identity of the person who offered the opinion is unclear.

    “If members feel it absolutely necessary to complete the remission form now instead of waiting a little longer for the legal process to be completed then they may want to write on a separate piece of paper and have it notarized saying that they were not an investor,” according to the opinion contained within the email from “Robert.”

    Members also should swear that “they purchased advertising for their website and that they were happy with their purchase,” according to the unattributed opinion circulated by “Robert.”

    “The govt is trying to trick people into saying it was an investment,” the opinion claimed.

    Separately, an apparent ASD member known as MMG7 who posts on the MoneyMakerGroup Ponzi forum left a scathing missive yesterday in an ASD thread at the forum.

    “The same people who abused their power, under the color of law, back in August of 2008 and basically *shut down* the company without due process are up to yet additional tactics to *CREATE VICTIMS* out of thin air,” the post read in part.

    “The general consensus is that once they can *create victims* they can then turn around and use it against ASD or even YOU.

    “It is VERY HEALTHY to question their motives. Remember, these are the same people that ruined the lives of 100,000+ people in the blink of an eye without so much as having to provide an explanation for their actions.

    “Could it be they thought ASD would roll over and play dead so they could put a feather in their cap and claim victory? Not to mention being able to keep a hefty sum of members monetary property.”

    The MoneyMakerGroup forum is referenced in a May filing by the U.S. Postal Inspection Service as a place from which Ponzi schemes are promoted. The filing accused an entity known as Pathway To Prosperity of conducting an international Ponzi scheme that defrauded more than 40,000 investors across the globe.

    MMG7 did not explain in his post how he arrived at the conclusion that ASD was denied due process in a court case that has featured more than 175 filings and a hearing called at ASD’s request to free seized money.

    ASD’s request was denied in November 2008 because it did not demonstrate at the hearing it requested to prove its legitimacy that it was operating lawfully and was not a Ponzi scheme, according to court records.

    ASD President Andy Bowdoin later met with federal prosecutors over a period of at least four days. Bowdoin, according to court filings, signed a proffer letter and acknowledged the government’s material allegations in the case were all true.

    Although Bowdoin initially contested the forfeiture of tens of millions of dollars seized in the case, he submitted to it in January 2009. By the end of February 2009, however, Bowdoin reentered the case, acting as his own attorney and seeking to reassert his claims to the money. Months of legal wrangling followed, and Bowdoin was forced to hire new attorneys. A federal judge ruled last fall that Bowdoin would not be permitted to reenter the case, and an order of forfeiture was signed in January 2010.

    Nor did MMG7 explain how he had arrived at his conclusion that the government “ruined the lives of 100,000+ people in the blink of an eye without so much as having to provide an explanation for their actions.”

    Court records plainly show that that the government explained in considerable detail to at least two federal judges why it sought the authority to seize tens of millions of dollars contained in the personal bank accounts of Bowdoin, who was accused of swindling investors in an Alabama securities caper in the 1990s. Moroever, the government has said all along that it intended to establish a restitution pool from the assets seized in the case.

    The implementation of both the pool and the restitution/remission process were delayed by appeals filed by Bowdoin.

    Bowdoin was sentenced to prison in the Alabama case, but avoided jail time by agreeing to make restitution, according to records.

    Clarence Busby, his business partner in the AdSurfDaily/Golden Panda Ad Builder venture, also swindled investors in a separate securities scheme in the 1990s, according to the SEC.

    At the same time, MMG7 did not explain how he arrived at his conclusion that the government “shut down” ASD. Records show that ASD was permitted to continue to display advertising after the seizure, but that Bowdoin chose not to do so.

    Prosecutors say that, despite ASD’s claims to a federal judge that it had no money to operate, the company had $1 million in an account under a “different name” on the island nation of Antigua.

    Records show that Bowdoin did not reveal the existence of the Antigua money to members until after ASD had asked the court for emergency cash to pay its rent and webhosting bill.

    U.S. District Judge Rosemary Collyer, whom Bowdoin and another member later tried to have removed from hearing the case, refused to release funds to ASD.

  • Feds Charge Robert Stinson Criminally On Heels Of SEC Lawsuit; Prosecutors Say ‘Life’s Good’ Operator Stole More Than $17 Million In Ponzi Scheme, Wired Money Even As FBI Was Conducting Raid

    Even as the FBI was executing search warrants in the case of Life’s Good Inc. operator Robert Stinson Jr., Stinson was “wiring stolen funds out of Life’s Good bank accounts to other accounts,” federal prosecutors said.

    That act alone led to criminal charges of obstruction of justice. In a 26-count indictment in an alleged Ponzi scheme in which Stinson was accused of stealing more than $17 million from more than 260 investors, Stinson also was charged with wire fraud, mail fraud, money-laundering, bank fraud, filing false tax returns and making false statements to federal agents.

    At 12:06 p.m. on June 29 — the date of the raid and while federal agents were executing search warrants — Stinson began a series of wire transactions in which he moved at least $225,000 to prevent the cash from being seized, according to the indictment.

    Two of the transactions occurred during the same minute and involved two separate banks, according to the indictment.

    The scam involved promises of fixed returns of between 8 and 16 percent in four bogus real-estate hedge funds, prosecutors said. They added that Stinson was not a graduate of the Massachusetts Institute of Technology or Pennsylvania State University, as he had claimed.

    Although Stinson, 55, of Berwyn, Pa., told a tale of fabulous business success, he actually was a recidivist securities offender and had multiple fraud convictions. Part of his most recent fraud involved and online “webinar” and a PowerPoint presentation, according to the indictment.

    Stinson claimed to have “funded millions of dollars in real estate rehab and improvements as well as saved over 1,500 families from foreclosure free of charge,” according to the indictment.

    “Advisors” who drove business to the criminal firm were paid commissions of between 5 percent and 10 percent of the money they brought in.

    In 1986, he was convicted of wire fraud and larceny in U.S. Court in Delaware, according to records. In 1987, he was convicted of forgery and larceny in New Jersey state court. During the same year, he was convicted of mail fraud in U.S. District Court for the Eastern District of Pennsylvania.

    Meanwhile, in 1996, he was convicted of criminal conspiracy in state court in Pennsylvania. In 2001, he was convicted of bank fraud in U.S. District Court for the Eastern District of Pennsylvania.

    Stinson filed two bankruptcy petitions in 1999, one in October and another in December, according to records.

    Nine years earlier, in 1990, he was charged with fraud by the SEC. He was ordered to pay a judgment of $7,680, but the judgment remains unpaid, according to court filings.

    The SEC sued Stinson in June. The criminal probe was conducted by the FBI, the IRS and the U.S. Postal Inspection Service.

    If convicted on all counts, Stinson faces a maximum sentence of 329 years in federal prison and a fine of $6.8 million.

  • BULLETIN: Woman Who Did Not Report Ponzi Schemer Richard Piccoli Sentenced To 18 Months In Federal Prison For ‘Misprision Of Felony’ And Tax Charge; Kathleen Fuoco Turned ‘Blind Eye’ To Fraud, Prosecutors Say

    BULLETIN: In a case that could send shockwaves across the culture of promoting scams and accepting payments from scams, a New York woman who turned a blind eye to Richard Piccoli’s long-running Ponzi scheme in New York state has been sentenced to 18 months in federal prison for misprision of a felony and willful failure to file tax returns.

    Kathleen Fuoco, 60, of West Seneca, N.Y., pleaded guilty to the charges in June. She was sentenced today in Buffalo. Piccoli, 83, was sentenced to 20 years in prison last year. He became infamous in the Buffalo region for targeting people of faith in the scheme.

    Fuoco knew Piccoli was operating a scam, but did not report him, prosecutors said in June. Her failure to report the scheme brought about the misprision charge and also resulted in an agreement with prosecutors in which a financial judgment of $25 million would be placed against Fuoco, the total amount of restitution due victims.

    Piccoli operated a firm known as Gen-See Capital Corp., and directly targeted Christians and senior citizens.

    “Our seniors and clergy are absolutely pleased with Gen-See’s Re-Investment Program,” Piccoli said, according to marketing materials gathered by investigators as evidence in the case.

    The Piccoli prosecution was brought after an undercover sting by the U.S. Postal Inspection Service and the IRS.

    After Fuoco’s guilty plea in June,  U.S. Attorney William J. Hochul said “the public should know that if you attempt to defraud any hard working citizen or turn a blind eye while someone else is committing fraud, you will be caught and prosecuted to the fullest extent of the law.”

    Hochul built on his earlier remarks after Fuoco’s sentencing today.

    “The best defense for investors is to conduct your own due diligence and research,” he said. “When unscrupulous defendants take advantage of others through fraud, however, my office stands ready to bring the full force of law to punish the crime.”

    Misprision of felony is a charge that serial promoters of online scams such as autosurfs, HYIPs and 2×2 matrix cyclers potentially could face. The schemes proliferate in no small measure because promoters who play dumb to the fraud create the conditions that make it possible for the “programs” to go “viral” on the Internet.

    Some promoters help fuel scheme after scheme after scheme, perhaps saying later that they were surprised the programs proved to be fraudulent.

    Such bids to create plausible deniability have been unmasked by the U.S. Secret Service in a number of investigations since 2008. In some cases, the agency has used undercover identities to join the schemes and later advised federal judges that the agents were instructed by members of the schemes to avoid using certain phrases in sales pitches to minimize the chance of getting caught.

    In certain undercover operations, the Secret Service revealed it had agents in rooms or venues from which scammers were delivering sales pitches to an audience. Some schemers have been kept under surveillance for weeks by agents.

    Court documents in the alleged AdSurfDaily (Florida) and INetGlobal (Minnesota) Ponzi schemes — and in the alleged Regenesis 2×2 (Washington state) Ponzi scheme — show that agents moved from location to location and even city to city to build evidence against Ponzi schemers.

    Meanwhile, court documents show that undercover Secret Service operatives and their state law-enforcement colleagues even have posed as interested investors and walked right through the front doors of offices operated by suspected fraudsters.

    Court filings in the alleged Legisi Ponzi scheme brought by the SEC show that the behavior of the alleged schemer changed after he came to understand he was under investigation — a development that allegedly led to even greater chicanery to hide the scheme.

  • BULLETIN: SEC Gains Asset Freeze, Seeks Shutdown Of Imperia Invest In Emergency Action; Program Pitched On Same Ponzi Forums Promoting MPB Today; Agency Says Imperia Defrauded Thousands Of Deaf Americans

    BULLETIN UPDATED 5:02 P.M. EDT (U.S.A.): The SEC has gone to federal court in Utah to halt the operations of Imperia Invest IBC, alleging a spectacular fraud that fleeced money from thousands of Americans with hearing impairments.

    Imperia was promoted from the MoneyMakerGroup Ponzi forum — one of the Ponzi forums promoting the MPB Today “grocery” MLM. Imperia also was the topic of discussion and defenses on TalkGold and ASAMonitor, two other forums that are pitching MPB Today.

    The SEC’s allegations against Imperia are stunning. More than 14,000 investors were defrauded worldwide, the agency said.

    Among the victims were thousands of deaf investors in the United States, the SEC said.

    Imperia gathered relatively small sums from thousands of people, the SEC charged, noting that “no evidence has been found that any of the investors have received a single payment.”

    “Imperia Invest IBC is a web-based entity that claimed, until late 2009, to be located in the Bahamas,” the SEC charged. “The Bahamian address listed by Imperia is fictitious. Imperia now claims to be located in Vanuatu. However, Imperia is not registered to do business in Vanuatu and the address listed on its website appears also to be fictitious. Neither Imperia nor its securities are registered with the Securities and Exchange Commission. Imperia is not licensed or registered with the Commission, with any state, or with any Self Regulatory Organization.”

    Categorically absurd representations of earnings and the program’s potential were made to investors, the SEC said.

    “Investors were promised eye-popping amounts of money in return for a simple $50 or $100 investment, and Imperia has made numerous excuses on its website about why these returns haven’t been paid,” said Ken Israel, director of the SEC’s Salt Lake Regional office.

    “The Imperia website shows an example of such earnings in which a $50 investment will return $134,000 to the investor in six months,” the SEC charged. At the same time, the agency said some investors were told that spectacular sums were due them for doing business with Imperia.

    “Imperia represented to one investor who invested $150.00 with Imperia that Imperia owed him $36,610,755.20 within a two year time frame,” the SEC charged. “Another individual’s account statement who invested $500 in July 2007 showed he is owed $43,907,652.20 as of May 2010.”

    It was not immediately clear how so many deaf investors became involved in Imperia. A federal judge has approved an asset freeze.

    Imperia called its product Traded Endowment Policies (TEP), which the SEC described as “the British term for viatical settlements.”

    “A TEP or viatical settlement involves the sale of an insurance policy by the policy owner before the policy matures, and policies are sold at a discount from face value in an amount greater than the current cash surrender value,” the SEC said.

    “There are at least 14,000 [Imperia] investors worldwide with a total investment exceeding $7 million,” the SEC said. “In the United States, there appear to be approximately 6,000 investors, most of whom belong the hearing impaired community, who have invested in excess of $4 million with Imperia.”

    Imperia used offshore payment processors such as “Liberty Reserve, located in Costa Rica; Perfect Money, located in Panama; and Procurrex, located in the British Virgin Islands,” the SEC charged. “Once Imperia received funds from Investors, it appears that Imperia then transferred amounts from these accounts to foreign bank accounts, including but not limited to accounts located in Cyprus and New Zealand.”

    Even as Imperia was ripping off investors, it also was infringing trademarks and the intellectual property of Visa, the credit-card service, the SEC charged..

    “Imperia also requires that investors purchase a Visa debit card to access their investment proceeds,” the SEC said. “Imperia charges customers a fee to purchase the Visa debit card ranging from $145 to $450.

    “Visa has not authorized Imperia to use its name or trademarks and has sent Imperia a cease-and-desist letter to halt its unauthorized use of the Visa name and logo,” the SEC said. “There is no evidence that any investor who has ordered a Visa debit card from Imperia has actually received such a card.”

    One poster on the MoneyMakerGroup forum advised prospects that he would keep an “open mind” about Imperia, according to web records.

    “Anyway, in the final analysis each person must make their own decision,” the poster said in 2007.

    While the MoneyMakerGroup poster was holding forth about keeping an “open mind,” Imperia was cloaking itself to siphon millions of dollars, according to web records and court records.

    “Imperia took proactive steps to conceal the identity of its control persons by using an anonymous browser to host its website, by communicating with all investors via email without disclosing the identity of any control persons and by establishing off-shore Paypal-style bank accounts to conceal the recipient of the investment proceeds,” the SEC charged.

    In July, the Financial Industry Regulatory Authority issued a warning about HYIP schemes pitched online. In May, the U.S. Postal Inspection Service accused an HYIP known as Pathway To Prosperity of defrauding more than 40,000 people in a scheme that took in about $70 million.

    Pathway To Prosperity also was promoted on the Ponzi and criminals’ forums. ASAMonitor, TalkGold and MoneyMakerGroup are specifically referenced in court filings in the Pathway to Prosperity case.

    MoneyMakerGroup is specifically referenced in court documents in the alleged Legisi HYIP and Ponzi scheme, a fraud that allegedly gathered more than $70 million.

    Read the SEC complaint against Imperia.

  • Man Who Posed As Fraud Investigator And Blew Up His Own Mailbox Convicted In Bizarre Bid To Extort Ponzi Scheme Victims To Pay Him For Information

    A Washington state man has been convicted of nine federal felonies in a bizarre case in which he attempted to fleece Ponzi scheme victims by blowing up his own mailbox and taking guns and bomb-making components to Atlanta.

    Kevin W. Williams, 45, of Chehalis, was found guilty of three counts of wire fraud, extortion, possession of a firearm without a serial number, destruction of a letter box, making a false official statement and two counts of possession of an unregistered firearm. The unregistered firearms included a pipe bomb and a zip gun, federal prosecutors said.

    Williams’ plot began in 2007 and featured a claim that he was an investigator who knew where the loot from a $90 million Ponzi scheme in Greater Atlanta had been hidden, prosecutors said.

    In a bid to make his claims sound credible, Williams, an unemployed logger, blew up his mailbox with a homemade bomb. He apparently reasoned that Ponzi victims and attorneys involved in the case would give him money if they came to believe his information was so valuable that someone tried to maim him to make him turn silent, prosecutors said.

    Williams was slightly injured in the mailbox detonation that he arranged with an accomplice, prosecutors said. After the mailbox exploded, emergency responders were summoned to make the story more plausible.

    The trouble with the story, prosecutors said, was that the “blast was so powerful that Williams would have been badly injured if it had occurred as he described. He was checked at the hospital and released the same day having suffered only a few minor scratches on his forehead and ringing in his ears as injuries.”

    With no one willing to pay him for his purported information, Williams dialed up the scheme, prosecutors said.

    First, he sent emails “with a threatening tone,” prosecutors said.

    And then Williams traveled to Atlanta for the Ponzi trial.

    “He was arrested by law enforcement with a variety of guns, ammunition and explosive components in his car,” prosecutors said. “Following that arrest, one of Williams’ cohorts contacted law enforcement, and admitted lying to the police about Williams being the victim of the mail box bomb.

    Assisting in the probe were the U.S. Postal Inspection Service, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) and the Lewis County Sheriff’s Department.

    The case was prosecuted by the office of U.S. Attorney Jenny A. Durkan of the Western District of Washington.

    Williams’ step-mother was a victim of the Atlanta-area scheme, prosecutors said.

  • BULLETIN: USDA Following Specific Leads In MPB Today Matter; Agency’s Food And Nutrition Arm Will ‘Take Appropriate Action As Needed’

    BULLETIN: The U.S. Department of Agriculture (USDA) said this afternoon that the agency’s Food and Nutrition Service is following specific leads in the MPB Today matter and will “take appropriate action as needed.”

    For the first time, the agency used the word “investigate” in its remarks about MPB Today, an MLM tied to a purported “grocery” business known as Southeastern Delivery of Pensacola, Fla. USDA previously referred to the MPB Today matter as a “review.” The agency did not explain why the Food and Nutrition Service had entered the probe.

    The Food and Nutrition Service, known as FNS, says its “mission is to provide children and needy families better access to food and a more healthful diet through its food assistance programs and comprehensive nutrition education efforts.”

    The announcement followed on the heels of claims by MPB Today affiliates that there are liars and thieves within the organization, that the government and Walmart endorsed the MPB Today program and that the USDA’s Food Stamp program was “affiliated” with MPB Today.

    On Tuesday, the PP Blog reported that a purported “news release” promoting MPB Today suggested that Food Stamp recipients should sell $200 of their allotment to raise money to join the MLM program.

    Yesterday the Blog reported that at least two MPB Today members claimed there are liars and thieves inside the organization, using the claims to suggest prospects should join the program only under specific downlines. The Blog also reported that MPB Today affiliates may have ties to the judicially declared CEP Ponzi scheme, the alleged AdSurfDaily Ponzi scheme and other Ponzi schemes promoted on forums such as ASAMonitor, TalkGold and MoneyMakerGroup.

    All three forums were referenced in a criminal case filed in May by the U.S. Postal Inspection Service against the alleged Pathway To Prosperity Ponzi scheme.

    In July, the Financial Industry Regulatory Authority (FINRA) issued a warning about HYIP scams that use forums and social-media sites such as YouTube and Facebook to spread virally on the Internet.

    MPB Today’s website says it ships “ONLY” dry goods to customers, who can expect to pay a shipping charge of up to 50 percent of an order. MPB Today affiliates have used the high shipping charges as a reason for Food Stamp recipients and other customers to join to the MLM program, saying a one-time purchase of $200 in groceries could result in free groceries for life.

    Affiliates have claimed MPB Today issues grocery “vouchers” that can be converted to Walmart gift cards and cash to purchase gasoline, electronics and other nonfood products.

    Among other things, the purported “news release” claimed that the idea about selling Food Stamps for cash to join MPB Today occurred “[on] a beautiful Sunday afternoon” during a drive home from “Church.”

    One promo for MPB Today showed a 46-inch Samsung television and other electronics that purportedly had been acquired by an MPB Today member through the program. Other promos have show prepaid Visa cards that spend like cash.

    MPB Today operates a 2×2 matrix cycler — a business model that has come under fire by the U.S. Secret Service in a Ponzi scheme probe in the Seattle area. The Seattle program was known as Regenesis2x2, and was promoted on some of the same forums MPB Today is being promoted.

  • Pensacola Fraudsters Sentenced To Federal Prison; Pinnacle Quest International Vendors Sold ‘Tax And Credit Card Debt Elimination Scams,’ Federal Prosecutors, IRS Say

    “They helped form a series of sham business entities and then promoted fraudulent debt elimination tactics intended for the sole purpose of concealing income from the IRS.” — Victor S. O. Song, chief, IRS Criminal Investigation

    As the U.S. Department of Agriculture was conducting a “review” of claims made by affiliates of a purported “grocery” business in Pensacola, Fla., that dispenses “gift cards” to winners in a 2×2 matrix cycler, a federal judge in Pensacola was handing out prison sentences to defendants convicted in a tax-fraud and debt-elimination scheme.

    All in all, nine promoters were implicated in the Pinnacle Quest International (PQI) case. Four were sentenced to prison in July. Two others will be sentenced in October, and three were sentenced yesterday for their roles in an elaborate fraud in which PQI served as an “umbrella organization for numerous vendors of tax and credit card debt elimination scams,” federal prosecutors said.

    Eugene Casternovia received 7 years in prison. Arthur Merino, meanwhile, was sentenced to 40 months. Mark Lyon, the third defendant sentenced yesterday, cooperated with prosecutors and received a sentence of 18 months.

    Among the PQI vendors was the Southern Oregon Resource Center for Education (SORCE), which “sold bogus theories and strategies for tax evasion,” prosecutors said.

    “For fees starting at $10,000, SORCE assisted its customers in the creation of a series of sham business entities in the United States and Panama,” prosecutors said. “Other tax-related PQI vendors denied the legitimacy of the income tax system on various theories and provided customers with a ‘reliance defense’ that consisted of a paper trail of frivolous correspondence which a client could allegedly use as evidence of good faith if the client were prosecuted.”

    Financial Solutions, another PQI vendor, sold “fraudulent schemes for eliminating credit card debt,” prosecutors said.

    “Financial Solutions charged its customers thousands of dollars for a series of letters to send to credit card companies disputing the lawfulness of the underlying debt,” prosecutors said. “The product was wholly ineffective, and customers typically were sued by their creditors and often forced into bankruptcy.”

    At the same time, yet-another PQI vendor known as MYICIS “operated as a sophisticated, computerized ‘warehouse bank,’” prosecutors said.

    “MYICIS was a single bank account in which customers pooled their money,” prosecutors said. “MYICIS was promoted to PQI’s clients as a method to hide their assets from the IRS as a result of the pooled nature of the account. MYICIS had 3,000 clients and approximately $100 million in deposits over a three year period.”

    A veteran IRS agent declared the business entities tied to the PQI case a “sham.”

    “These defendants are now being held accountable for their criminal behavior,” said Victor S. O. Song, chief, IRS Criminal Investigation. “They helped form a series of sham business entities and then promoted fraudulent debt elimination tactics intended for the sole purpose of concealing income from the IRS. Their tactics were fraudulent. There is no secret formula that can eliminate an individual’s tax obligation.”

    In July, Arnold Ray Manansala was sentenced to 12 years in prison; Dover Eugene Perry, meanwhile, was sentenced to 10 years. Michael Guy Leonard was sentenced to nine years and one month, and Mark Daniel Leitner was sentenced to five years.

    The trial in Pensacola took up a full month. Wayne Hicks, the operator of My Icis Inc., already was serving a five-year prison sentence.

    FBI Director Robert Mueller has warned Congress at least twice this year about a “shadow” banking system that is a threat to U.S. national security.

    In November, President Obama formed the Financial Fraud Enforcement Task Force to attack the problem with white-collar and other forms of fraud. It is billed the “broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud.”

    MYICIS was a topic of discussion on known Ponzi scheme and fraud forums such as TalkGold. In May, the U.S. Postal Inspection Service referenced the forums in filings in a criminal case against an alleged Ponzi scheme known as Pathway To Prosperity.

    In recent months, a Pensacola business known as MPB Today (My Premier Business Today) has been operating an MLM program that purports to sell “groceries.” The program has been advertised on TalkGold, and other known Ponzi forums.

    One MPB Today affiliate attempted to sell the program by creating a video animation and depicting President Obama and Secretary of State Hillary Clinton as Nazis. Clinton was called “Hitlary” in the promo.

    Others have attempted to sell the MPB Today business “opportunity” by linking it to the federal Food Stamp program administered by the Department of Agriculture. The USDA announced earlier this month that it was conducting a “review” of affiliate claims.

    This video promo for Pensacola-based MPB Today is targeted at Food Stamp recipients.

    Still other MPB Today affiliates have focused on recruiting prospects by telling them they’d receive “gift cards” from Walmart. At least one promo on YouTube shows an envelope inside an envelope that had been mailed through the U.S. Postal Service.

    Such an approach is consistent with the practices of “cash-gifters” — people who use the mails to promote chain-letter pyramid and tax schemes. The inside envelope in the YouTube video showed that at least one MPB Today affiliate had been paid with a prepaid Visa card purchased at Walmart. The envelope also contained a Walmart gift card.

    In the YouTube video, the MPB Today affiliate appeared to be surprised about what he’d just received in the mail.

    One promo after another for MPB Today has emphasized the gift cards. Still other affiliates have produced videos that show checks drawn on an FDIC-insured bank in Pensacola that has been operating since January under a consent agreement with the FDIC.

    Florida has been plagued by mortgage foreclosures. MPB Today is targeting foreclosure subjects in a video pitch, as are many affiliates. Affiliates also have targeted the unemployed, senior citizens, people of faith and members of the alleged AdSurfDaily (ASD) Ponzi scheme.

    ASD also was based in Florida. The company is known to have attracted affiliates who participated in tax, debt-elimination and cash-gifting schemes. At least one ASD affiliate has been linked to a group that sought to imprison federal judges and litigation opponents in debt cases. Another affiliate filed papers in federal court that purported to show that a bank could be defeated in a foreclosure case by filing a bond consisting of $21 in “silver coinage.”

    At least one MPB Today promoter positioned the grocery company as an opportunity for religious members of ASD to make up losses in the failed autosurf. The U.S. Secret Service has seized tens of millions of dollars from bank accounts linked to ASD.

    Florida records show that MPB and its associated grocery company — Southeastern Delivery — have operated by at least five names since 2006. MPB Today operator Gary Calhoun was ordered by the U.S. Food and Drug Administration to stop violating federal law in promotions for a product marketed as a treatment for Lou Gehrig’s disease, among others.

    ASD President Andy Bowdoin also operated numerous companies in Florida. according to records.

  • Prisoner Who Ran Scam From Florida Jail Sentenced To 21 Years In Federal Prison; Willoughby Farr of West Palm Beach Operated ‘Cramming’ Scheme

    Willoughby Farr

    A Florida man who operated a long-distance billing scam from the West Palm Beach County Jail has been sentenced to 262 months in federal prison.

    Willoughby Farr, 46, used three Palm Beach companies to pull off the “cramming” scam in which consumers were billed for calls they did not make, prosecutors said. He also faces a $34.5 million judgment in a successful civil lawsuit filed by the FTC, which referred the case to the Justice Department. The U.S. Postal Inspection Service then conducted a criminal investigation that led to the prosecution of Farr on mail-fraud charges.

    “When the unscrupulous and the dishonest line their pockets with consumers’ hard-earned money, we will hold them accountable,” said Tony West, assistant attorney general for the Civil Division of the U.S. Department of Justice. “As this sentence demonstrates, the Justice Department has put a priority on protecting the public from fraudulent schemes. This case should also remind consumers to carefully review their telephone bills for unauthorized charges.”

    A top postal inspector said consumers need to be aware that fraudsters want their money.

    “Crammers like Farr are eager to post bogus charges to consumers’ accounts,” said Henry Gutierrez, inspector in charge. “The Postal Inspection Service will work tirelessly with its law enforcement partners to deter fraudulent use of the mails and to protect the American consumer.”

    Wifredo A. Ferrer, South Florida’s top federal prosecutor, said postal inspectors did a “superb job” of reverse-engineering the scheme.

    “[This] case demonstrates the effectiveness of cooperative law enforcement efforts, which can put an end to fraudulent schemes, and then bring wrongdoers to justice,” Ferrer said, giving a nod to both postal inspectors and the FTC.