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Tag: U.S. Secret Service

  • 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.

  • Are ASD Members Waging Ongoing Misinformation Campaign To Suppress Victims’ Count And Obstruct Justice? Note Instructs Members NOT To File For Restitution

    Andy Bowdoin

    The now-defunct Surf’s Up forum was AdSurfDaily’s officially endorsed news venue. It became so on Nov. 27, 2008, a little more than a week after a key court ruling went against ASD, a Florida company implicated by the U.S. Secret Service in an alleged $100 million Ponzi scheme. Surf’s Up routinely deleted posts that challenged ASD President Andy Bowdoin, and routinely suppressed information unfavorable to ASD.

    Surf’s Up was known for conflating fantastic realities to accommodate unpleasant fact sets. Among the unanswered questions as the ASD investigation proceeds is whether the forum and some of its members were/are engaging in efforts to obstruct justice by asking victims to spread misinformation.

    Some ASD and Surf’s Up members recently received the email below, which fractures facts and appears to encourage members to spread misinformation and not to participate in the federal restitution program. (Italics and carriage returns added. PP Blog’s Notes in Bold.)

    “Please pass this on to your group and ask them to pass it on to others who were in ASD. The lawsuit filed against ASD, Andy and his wife Faye was decided in ASD’s, Andy’s & Faye’s favor a few months ago. (PP Blog Notes: The lawsuit was not decided in favor of ASD, Andy Bowdoin or Faye Bowdoin. Florida dropped the lawsuit “without prejudice,” meaning it can be refiled. The state said it had turned over a victim’s list to the federal government for the purposes of securing restitution from funds seized by the U.S. Secret Service.)

    “In October the state of FL dropped all charges against ASD. (PP Blog Notes: See note above.)

    “The Federal charges are all that is left to be addressed and progress will be made on that this month. Unfortunately if members respond to this notice and file a claim, they will be contributing to ASD losing its case because the government will use it as evidence that ASD created these “victims.” (PP Blog Notes: Is this a deliberate attempt to suppress the victims’ count and a bid to obstruct justice? Beyond that, Andy Bowdoin’s appeal of the forfeiture of money he advised a federal judge belonged to him is hardly the sole, unsettled legal issue. It is known, for example, that a criminal grand-jury probe has been under way. Bowdoin references the criminal probe in his own court filings. It is possible that criminal indictments against multiple individuals could be returned.)

    “I have told this man that but he persists because he will make money from ‘helping.’ If ASD loses its case, THEN it would be appropriate to follow up these options, but not until then.

    “My husband was hit by a car while he was bicycling and I have been struggling to care for him at home alone. I am 63, 105 lbs and he is functionally quadriplegic (which means that there is much to be hopeful for but, in the meantime, it is very challenging). For this reason I am unable to keep everyone updated as I had hoped to do and I have been unable to spearhead a member campaign to help the effort as I had also hoped to.

    “God’s Blessings,
    Sara”

    (PP Blog Notes: The section of the note above even could bring things such as practicing law without a license into play because it introduces an “if, THEN” proposition that lays out a legal strategy. For example, “if” ASD loses the forfeiture proceeding in the appeals court, only “THEN” should victims register for the restitution program. One of the core problems is that there may be no way of knowing precisely when the appeals court will issue its ruling (oral arguments scheduled for this month have been canceled, and the appeals court will decide the issues based on briefs from both sides). Meanwhile, the restitution/remission forms victims must file are due by Jan. 19, 2011. Victims who follow the advice in the email could be denied a refund.)

    See related story.

  • Justice Department Using Undercover Agents To Battle White-Collar Criminals; Top Official Says Investigative Tactics Normally Used To Prosecute Organized Crime Figures Useful In Battling Fraud Epidemic

    EDITOR’S NOTE: The remarks below are excerpted from a speech last week in New York by Assistant U.S. Attorney General Lanny A. Breuer. As the PP Blog has previously reported, the Justice Department and agencies such as the FBI and U.S. Secret Service have been using undercover operatives to infiltrate criminal operations and networks used by the criminals.

    One of the FBI investigations Breuer referenced was the Trevor Cook Ponzi scheme in Minneapolis. The scheme consumed tens of millions of dollars, defrauding victims of at least $158 million. Many mysteries remain in the case.

    Meanwhile, undercover operatives also recently were used to expose penny-stock schemes operating in Florida.

    It also is known that the Secret Service used undercover operatives in the AdSurfDaily case, the INetGlobal case, the Regenesis 2×2 case, the Legisi case and a case involving alleged international fraudster Vladislav Horohorin, accused of using criminal forums to peddle stolen credit-card information.

    Here, now, some excerpts from Breuer’s speech . . .

    Part of Trevor Cook's stash.

    “Now, as I’m sure you know, financial criminals can be extraordinarily innovative, and they are often expert at covering their tracks. So we are always looking for creative ways to gather the evidence we need to bring financial criminals to justice. To that end, we have begun increasingly to rely, in white collar cases, on undercover investigative techniques that have perhaps been more commonly associated with the investigation of organized and violent crime.

    “As part of this effort, we have significantly strengthened the Criminal Division’s Office of Enforcement Operations (known as OEO), which is the office in the Justice Department that reviews and approves all applications for federal wiretaps from across the country. We have a dynamic new OEO Director, Paul O’Brien, and we’ve substantially increased the number of attorneys at OEO who review these wiretap applications, adding to their ranks experienced prosecutors and recent graduates who have completed federal clerkships. As a result, the number of wiretaps we authorize – in all types of cases – has gone up.

    “Let me give you just two examples of white collar cases in which we have used undercover techniques, both of which also highlight areas in which we have stepped up our white collar enforcement efforts more generally.

    “The first example is the case of Trevor Cook, which was prosecuted by the U.S. Attorney’s Office in Minneapolis. Mr. Cook is just one of dozens of individuals whom we’ve prosecuted in recent months for participating in investment fraud schemes. Over the course of several years, Mr. Cook schemed to defraud at least 1,000 people out of approximately $190 million by pretending to sell them investments in a foreign currency trading program.

    “In reality, he was pocketing the money or using it to pay off other investors. As was recently reported in the New York Times, we gathered evidence against Mr. Cook by using an undercover informant to record his transactions and conversations. [Cook] pleaded guilty earlier this year and was recently sentenced to 25 years in prison.

    “Trevor Cook is one of literally hundreds of financial criminals who have preyed upon vulnerable, individual investors and bilked them out of their savings using investment fraud schemes. And as with Mr. Cook, we have been prosecuting these people aggressively, all over the country – from New Jersey and Connecticut to Texas and California, and everywhere in between.

    “The second example comes from our enhanced efforts in the area of FCPA enforcement. Earlier this year, as I’m sure many of you know, we indicted 22 defendants in the military and law enforcement products industry for their participation in widespread schemes to bribe foreign government officials. These indictments resulted from the Department’s most extensive use ever of undercover law enforcement techniques in an FCPA investigation, and they represent the single largest prosecution of individuals in the history of our FCPA enforcement efforts. In September, one of the defendants in the case, Richard Bistrong, pleaded guilty . . .

    “Over the last 18 months, we’ve devoted significant additional resources to the Criminal Division’s Fraud Section. We’ve recruited talent not only from white shoe law firms, but also from a deep pool of prosecutors around the country who bring with them extensive experience in prosecuting everyone from violent mobsters to dangerous terrorists. We are now bringing that extraordinary talent and experience to bear on prosecuting financial fraudsters.”

    See related story on alleged Pathway To Prosperity Ponzi scheme.

    See related story on alleged Legisi Ponzi scheme.

    See related story on Matt Gagnon and Mazu.com.

  • NOTE TO ASD VICTIMS: Rust Consulting Inc. Is The ONLY Authorized Claims Administrator; Don’t Be Confused By Claims Another Company Can Expedite Refunds

    ASD's Andy Bowdoin.

    In early September, federal prosecutors informed U.S. District Judge Rosemary Collyer that an official website had been established to inform victims of the alleged AdSurfDaily Ponzi scheme about the remissions and restitution process.

    The government’s filing, which lists the URL of the website — http://www.adsurfdailyremission.com/ — is a public record. It has been on Collyer’s docket since Sept. 2. It is signed by three federal prosecutors, including Ronald C. Machen Jr., the U.S. Attorney for the District of Columbia.

    What the filing means is that the government has formally notified Collyer that it has done what it said it would do all along: Arrange for ASD victims to receive restitution from seized funds through a formal process known as remission.

    The remissions website is operated by Rust Consulting Inc., which is under contract with the government to handle the remissions and restitution process.

    The PP Blog has seen reports and received inquiries from readers about a company known as Anshell Financial Services LLC (AFS). Among other things, AFS claims to be able to “expedite” the process of recovery. It also claims it has “established an efficient business relationship” with Rust, the official claims administrator.

    Not so fast, says Rust.

    “Rust Consulting, Inc. is an independent claims administrator that has been retained by the U.S. Secret Service to assist in processing Remission Forms,” Rust said. “Neither the U.S. Secret Service nor Rust Consulting, Inc. are in any way affiliated with or endorse AnShell Financial Services.”

    AFS published a document on its website that says it will charge a recovery fee to assist ASD, Golden Panda and LaFuenteDinero members. The document was called a “retainer agreement.”

    “The fee for these services is a retainer of the lesser of 10% of your investment or $1,000 against 10% of the recovered investment,” AFS said. The company also noted in an email to victims that it may be “intimidating and unpleasant” to work with the government.

    There is no need to pay any company to recover money seized by the Secret Service in the ASD case. Contrary to claims made by some ASD members, the government has said all along that it intends to form a restitution pool from the seized assets. It has hired Rust to administer the process and the pool.

    As things stand today, the pool is not fully funded because of appeals filed by ASD President Andy Bowdoin. The government is 3-0 in the forfeiture litigation so far, and 1-0 in the appeals process — with a Bowdoin appeal remaining to be decided.

    Among the bizarre claims circulated by some ASD members is that prosecutors placed approximately $80 million seized in the case in interest-bearing accounts that generated $1 billion or more in revenue.

    Some ASD members claimed prosecutors were partying with the money and had stolen at least some of it. Others claimed Collyer was conspiring with another federal judge to deny ASD members justice.

    Even as some ASD members were making one bizarre claim after another, others added to strange nature of the case by claiming there were no “witnesses” and no “evidence” against ASD in the case.

    These claims were made despite the fact Collyer conducted an evidentiary hearing in open court over a two-day period in the fall of 2008. ASD members attended the hearing and even testified. Evidence was tested and witnesses examined by both the government and the ASD side.

    Some of the evidence against ASD has been in the public record since Aug. 5, 2008. Regardless, dozens of members continued to insist there was no evidence against the company.

    In November 2008, Collyer ruled that ASD had not demonstrated it was a lawful business and not a Ponzi scheme.

    Bowdoin later signed a proffer letter and acknowledged the government’s material allegations all were true. He met with prosecutors over a period of at least four days, and gave information against his interest because he believed that cooperation possibly could help him avoid a prison sentence, according to Bowdoin’s own court filings.

    In January 2009, Bowdoin submitted to the forfeiture. In March 2009, he said through a letter released on the now-defunct Surf’s Up forum that he changed his mind after consulting with a “group” of members. Bowdoin tried to renew his claims to the money, but the effort failed after a months-long court battle.

    Bowdoin next tried to have Collyer removed from the case, another effort that failed. He has blamed lawyers from both sides of the case for his legal predicament, and claimed his continuing fight was inspired by a former Miss America.

  • 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.

  • UPDATES/NEWS: ASA Ponzi Forum Now Redirects To CashX.com; Arthur Nadel Gets 14 Years In Florida Ponzi Case Brought By Obama Task Force; Former Indiana Pastor Who Bilked Christians Convicted Of Securities Fraud

    President Obama formed the interagency Financial Fraud Enforcement Task Force in November 2009. He later became the subject of an attack ad by an affiliate of the purported MPB Today "grocery" MLM.

    UPDATED 10:56 A.M. EDT (U.S.A.) The ASA Monitor Ponzi and criminals’ forum now is redirecting to a website operated by CashX.com, a Canadian payment processor that hawks MasterCard debit cards and says it permits customers to withdrawn money to Liberty Reserve.

    Liberty Reserve is a Ponzi-friendly payment processor purportedly headquartered in Costa Rica after earlier operating from Panama.

    Meanwhile, confessed Ponzi schemer Arthur Nadel — who briefly went on the lam from Florida in early 2009 as his $390 million scheme was disintegrating and became known as one of the original “mini-Madoffs” — has been sentenced by a federal judge in New York to 14 years in prison.

    It is effectively a life sentence for Nadel, who is 77 and one of several senior citizens implicated in U.S. Ponzi schemes.

    At the same time, a former clergyman from Indiana who told congregants it was their “Christian responsibility” to become pitchmen for his then-undiscovered bond scheme has been convicted of nine counts of securities fraud.

    Vaughn Reeves, 66, is scheduled to be sentenced next month. The jury deliberated only four hours before returning the verdict against Reeves, himself a senior citizen. Congregants believed they were helping raise money for church-building projects, but it was a scam that led to foreclosure proceedings against eight places of worship. (See link to AP report below.)

    Claims made by Reeves are similar to claims made by the Data Network Affiliates (DNA) MLM program, which told members that churches had the “MORAL OBLIGATION” to help bring business to the Florida-based firm and qualify for commissions ten levels deep. DNA purports to be in the license-plate data collection business, claiming it can help law enforcement and the AMBER Alert program recover abducted children.

    Incongruously, DNA also purports to sell a “protective spray” that shields cameras from taking photographs of license plates. Equally incongruously, the company said that it could offer a free cell phone with unlimited talk and text for $10 a month. The company later backtracked on the claim, bizarrely saying it studied pricing structures only after announcing it had become the world’s low-price leader while acknowledging it hadn’t vetted its purported vendor for the service.

    DNA figure Phil Piccolo later threatened to sue critics. Earlier, Dean Blechman, who said he was the company’s CEO before resigning in February, threatened to sue critics. DNA withheld the announcement of Blechman’s departure for nearly a week and then misspelled his name. DNA also described Blechman as the “future” CEO, even though Blechman had described himself as the current CEO.

    Blechman complained to the PP Blog about “bizarre” events at DNA.

    ASA Monitor, which is referenced in court filings as a place from which the alleged Pathway To Prosperity (P2P) Ponzi scheme was pitched and was a site from which the purported “grocery” MLM operated by Florida-based MPB Today was pitched, suddenly announced on Oct. 12 that it was closing.

    Like MPB Today, DNA also was pitched from Ponzi and criminals’ forums.

    The ASA Monitor closure announcement coincided with a flap in which an ASA forum moderator sought to muzzle critics of the MPB Today program, which is being targeted at Christians, foreclosure subjects, Food Stamp recipients, senior citizens, people of color and members of the alleged AdSurfDaily (ASD) Ponzi scheme.

    ASD also operated from Florida before the U.S. Secret Service seized tens of millions of dollars in August 2008, amid allegations of wire fraud and money-laundering. Robert Hodgins, an international fugitive wanted by Interpol in a narcotics-trafficking and money-laundering case filed after an undercover probe by the U.S. Drug Enforcement Administration in Connecticut, provided debit cards to ASD, members said.

    Nadel’s scheme, meanwhile, operated in the Sarasota area.

    “Through his massive Ponzi scheme, Arthur Nadel greased his own pockets and financed his lavish lifestyle, using money his clients relied on him to invest,” said U.S. Attorney Preet Bharara of the Southern District of New York.

    “He cheated his elderly and unwitting victims out of their retirement savings and consigned others to poverty,” Bharara said. “The message of [yesterday’s] sentence should be loud and clear — we will continue to work with our partners at the FBI to find the perpetrators of financial fraud and use every resource we have to bring them to justice.”

    U.S. District Judge John G. Koeltl ordered Nadel to forfeit $162 million, five airplanes, a helicopter and real estate in Florida, North Carolina and Georgia.

    The prosecution of Nadel was brought in coordination with President Obama’s Financial Fraud Enforcement Task Force. U.S. Attorney General Eric Holder traveled to Florida earlier this year to warn fraudsters that the United States was serious about putting scammers in prison.

    By September, an affiliate of MPB Today had created a video in which Obama was depicted as a left-handed saluting Nazi who cowered to U.S. Secretary of State Hillary Clinton, who was depicted as a drunk. First Lady Michelle Obama, the mother of two daughters, was depicted as having experienced an embarrassing gas attack in the Oval Office after sampling beans at a Sam’s Club store.

    Clinton, depicted in the sales promo as “Hitlary,” knocked out Michelle Obama after barging into the Oval Office bawling and carrying a bottle of wine. Clinton, the mother of one, was the first woman ever appointed to the Walmart board of directors.

    Some MPB Today affiliates have claimed Walmart is affiliated with MPB Today and that the government backs the MLM program, which appears to have accounts at at least two banks in the Pensacola area. One of the banks is operating under a consent agreement with the FDIC.

    Read the AP story on the Vaughn Reeves scheme in Indiana.

  • BULLETIN: Sean Mueller Charged With Racketeering In Colorado Ponzi Probe; Secret Service, State Securities Division Assisted Denver DA In Unraveling Alleged $71 Million Scheme

    BULLETIN: In yet-another alleged case of massive Ponzi fraud, Sean Mueller has been charged with violating the Colorado Organized Crime Control Act (racketeering).

    Mueller, 42, also has been charged with securities fraud and theft. The prosecution was brought by the office of Denver District Attorney Mitch Morrissey, who credited the U.S. Secret Service and the Colorado Division of Securities for assisting in the Ponzi probe.

    “This is an important example of how agencies can work together to protect investors in Colorado,” said Fred Joseph, commissioner of the Colorado Division of Securities.

    Mueller, who is believed to be cooperating with authorities, is expected to surrender by Friday. Bond has been set at $2 million cash.

    Among the victims of the $71 million Ponzi scheme was John Elway, the former quarterback of the Denver Broncos and a member of the Pro Football Hall of Fame, prosecutors said.

    Prosecutors at both the state and federal levels have used racketeering statutes to bring down Ponzi schemers in recent months, according to court filings.

    Mueller was operating a bogus hedge fund, prosecutors said. At least 65 victims entrusted Mueller with their money, which he spent to live a luxurious lifestyle and to buy tony homes, expensive cars and country-club memberships.

    It was a “classic” Ponzi scheme in which Mueller was upside down on his obligations to investors by a factor of nearly five-to-one, owing about $45 million but having less than $9.5 million to cover redemption requests, prosecutors said.

    The scheme was exposed in April, when Mueller threatened to jump off a parking garage in Greenwood Village, Colo., according to court filings.

  • KABOOM! More Bad News For Fraudsters: ‘FBI Undercover Operation’ Leads To Florida Fraud Busts; 20 Charged In Alleged Schemes, Including ‘CHiPs’ Actor

    An undercover sting conducted by the FBI has resulted in fraud charges being filed against 20 individuals or companies. The sting was centered in southern Florida. Among those charged was Larry Wilcox, one of the stars of the long-running television program “CHiPs” in which Wilcox played the role of a California police officer, the SEC said.

    Records suggest Wilcox agreed to become a government informant after becoming implicated in the probe.

    Wilcox, 63, of West Hills, Calif., was among a group charged both civilly and criminally. The case was brought after the FBI conducted an undercover probe into penny-stock schemes.

    “Securities fraud is an equal opportunity crime — it runs the gamut from very large to very small publicly traded companies,” said U.S. Attorney Wifredo A. Ferrer of the Southern District of Florida.

    Ferrer noted that “even microcap companies are plagued by fraudsters who seek to manipulate the stock market to line their own pockets.”

    Separately, the SEC said the sting was conducted “in such a way that no investors suffered harm” — an announcement that could send shockwaves across the fraud universe because it demonstrates that investigators are infiltrating schemes and relying on informants to unmask the schemers.

    Wilcox, for example, believed he was doing business with a “corrupt trustee,” according to court filings. Records suggest that Wilcox entered a deal with the government in July in which he would cooperate in an ongoing probe.

    “These corrupt promoters meticulously planned their schemes down to the last detail, except for the possibility that they were walking into an undercover operation,” said Robert Khuzami, director of the SEC’s Division of Enforcement. “This joint law enforcement effort is a stark warning to those who embark on securities fraud schemes that we may be listening and we may be watching.”

    Whether the SEC and FBI were performing similar stings in the corrupt worlds of HYIPs, autosurfs and 2×2 matrix cyclers as promoted on Ponzi forums was not immediately clear. The Justice Department, however, has made it clear in court filings that it is infiltrating criminal forums and is using undercover operatives.

    The U.S. Secret Service also has made it clear that it is using undercover operatives in its investigations of corrupt enterprises such as HYIPs, autosurfs and 2×2 matrix cyclers.

    Read the SEC’s statement:

    Read the statement of U.S. Attorney Ferrer and remarks from the FBI:

    Read a story about a Secret Service probe in which undercover operatives were used to infiltrate criminal forums:

  • Florida Drops State-Level Pyramid Case Against AdSurfDaily; Says It Has Supplied Victims’ List To Claims Administrator For Restitution From Assets Seized By Secret Service In Federal Case

    Andy Bowdoin

    UPDATED 7:40 P.M. EDT (U.S.A.) Certain members of Florida-based AdSurfDaily began crowing last week that the office of Florida Attorney General Bill McCollum had dropped the pyramid-scheme case it had filed against ASD in August 2008.

    “The State of Florida has dropped all charges against Ad Surf Daily, Inc. This is wonderful news!” an email received by some ASD members exclaimed.

    Florida prosecutors, however, tell a different story.

    Although McCollum’s office confirmed today that the pyramid case has been dropped “without prejudice” — meaning it can be refiled — it noted that state investigators have forwarded a list of Florida victims of ASD to a federal claims administrator “for processing and reimbursement purposes.”

    Florida initially had sought restitution for victims, along with the dismantling of ASD. ASD essentially dismantled itself in September 2009 by not filing required forms with the state, which revoked its corporate registration. Less than four months later, in January 2010, the federal government was awarded title to more than $65.8 million seized in the case. The government earlier had been awarded title to more than $14 million. In March 2010, the government was awarded title to more than $600,000 that had been seized in a separate forfeiture action filed against ASD connected assets in December 2008.

    All in all, the federal government was awarded title to more than $80 million seized in the ASD case, gaining a clean sweep in the forfeiture proceedings.

    The U.S. Secret Service raided ASD on Aug. 5, 2008.  Florida followed up with a lawsuit of its own a day later, but federal prosecutors later said they intended to form a restitution pool from seized assets. That process now has begun, although ASD President Andy Bowdoin is appealing the January 2010 forfeiture order entered by U.S. District Judge Rosemary Collyer.

    In its paperwork to dismiss the pyramid case, McCollum’s office pointed to Collyer’s forfeiture order, saying ASD victims from Florida and elsewhere had been provided an opportunity for restitution by the federal government.

    On Sept. 28, 2009 — three days after Florida revoked ASD’s corporate registration and dissolved the registration of a shell company known as Bowdoin/Harris Enterprises — federal prosecutors filed a U.S. Secret Service transcript of a conference call ASD had recorded Sept. 21.

    In the call, Bowdoin told members that the government had seized their money. In his court filings, however, Bowdoin claimed the money was his.

    Federal prosecutors said the recording was evidence that Bowdoin could not keep his stories straight, arguing that he had told members one story and a federal judge another. Collyer issued the forfeiture order for more than $65.8 million less than four months later.

    Although an email some ASD members received in recent days claimed that “It looks like things are moving in the right direction” with the Florida dismissal, the email urged members to “only share this with those whom you trust.

    “Do not post on forums or blogs,” the email urged.

    Federal prosecutors noted last month that the U.S. Court of Appeals for the District of Columbia Circuit had dismissed one of two appeals Bowdoin had filed in the forfeiture cases, noting his second appeal was pending before the same court.

    The court should reject that appeal as well, prosecutors argued.

    With the federal procedure for restitution established, ASD victims now have a remedy for reimbursement, McCollum’s office advised a state judge.

    In late 2008, Bowdoin told ASD members that Florida had dropped “Ponzi scheme” allegations against the firm. McCollum’s office immediately countered with a statement that it never even had accused ASD of operating a Ponzi scheme, noting that it had alleged a pyramid scheme only.

    When Bowdoin made the 2008 claim, some ASD members raced to forums and websites to spread the news, which turned out not to be true. He later tried to sell members a VOIP telephone service, explaining the price he offered was a gift to his loyal supporters.

    Even as Bowdoin was telling members in September 2009 that he had big plans for ASD, he did not explain why he had permitted its corporate registration to lapse or explain that the state had revoked the registration.

    Instead, Bowdoin told members that the government had seized their money — a claim in opposition to his own court filings that advised a federal judge the seized money belonged to him.

  • 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.

  • Are MPB Today Members Posing Security Risk To Bank That Is Operating Under FDIC Consent Order? 2×2 Matrix Cycler Fans Publish Check-Waving Videos On Websites, YouTube

    As giddy members of Florida-based MPB Today flock to YouTube to post check-waving videos as “proof” of the MLM’s legitimacy, the bank used by the purported grocery company is operating under an FDIC consent order issued in January, records show.

    The FDIC had no immediate comment when asked this morning by the PP Blog about the videos, which clearly show the names of MPB Today and its purported grocery arm, Southeastern Delivery of Pensacola, along with the name of Gulf Coast Community Bank of Pensacola.

    A call to Gulf Coast for comment was not immediately returned. The Blog left a detailed voicemail message with a bank official, and also left a message with an employee who answered the phone.

    MPB Today appears to have paid members by issuing checks drawn on both its name and the name of Southeastern Delivery. The checks are drawn on Gulf Coast accounts, according to the videos on YouTube and other sites. Affiliates say the business opportunity has attracted more than 16,000 members since April.

    Affiliates reportedly receive checks for $300 drawn on Gulf Coast when they “cycle” by recruiting new affiliates and causing $1,200 of business within an MPB Today downline group. Affiliates also receive $200 Walmart gift cards or “In Store Credit” cards.

    The Walmart cards also are prominently featured in the videos that display Gulf Coast’s name.

    Gulf Coast is rated “zero”stars by Bauer Financial, the tracking firm’s lowest rating on a scale of zero to five stars. The Blog confirmed the rating with Bauer this morning.

    Gulf Coast is listed on the FDIC website as a party to a January consent order that raised the issue of unsound banking practices. The bank was given time to comply with the order and implement new business procedures to address the FDIC’s concerns.

    Some Florida banks are being battered by the recession and a surge in nonperforming loans and mortgage foreclosures. It was not immediately clear if Gulf Coast now is operating to the satisfaction of the FDIC.

    Also unclear is whether the bank knows that its name is being used on YouTube in promotions for MPB Today, and under whose authority MPB Today affiliates are acting when displaying the checks drawn on Gulf Coast.  At the same time, the volume of the business MPB Today and Southeastern conduct with the bank is unclear.

    MPB Today uses a 2×2 cycler matrix, a business model the U.S. Secret Service referenced in court filings in a Ponzi scheme probe last year in Seattle that involved a company known as Regenesis2x2.

    Regenesis2X2 was promoted on known Ponzi forums such as ASAMonitor, TalkGold and MoneyMakerGroup. MPB Today’s 2×2 matrix is being promoted on the same forums. At least one of the promoters of the alleged Regenesis2x2 Ponzi scheme also is promoting MPB Today, and some of the MLM’s affiliates are targeting churches in sales pitches. Others are targeting Food Stamp recipients, foreclosure subjects and victims of the alleged AdSurfDaily (ASD) Ponzi scheme.

    In August 2008, the Secret Service alleged that ASD, which also operated in Florida, was conducting a Ponzi scheme that gathered nearly $100 million from investors. The agency seized Bank of America deposits totaling at least $79 million in the ASD case.

    Meanwhile, the ASAMonitor, TalkGold and MoneyMakerGroup forums are specifically referenced in a criminal case filed by the U.S. Postal Inspection Service in May. The case, which was filed in the Southern District of Illinois, alleges that a firm known as Pathway To Prosperity was operating an international Ponzi scheme that attracted more than 40,000 investors and gathered more than $70 million.

    In July, the Financial Industry Regulatory Authority (FINRA) issued an alert about online fraud schemes that use forums and social-media sites to spread virally.

    MPB Today is a subject of a “review” by the U.S. Department of Agriculture (USDA) amid affiliate claims the company is an attractive option for Food Stamp recipients and is endorsed by the government. Some affiliates also have claimed that Walmart, the retail giant, endorses the program.

    Walmart has not responded to a request for comment from the PP Blog. MPB Today removed the images of a Walmart store from its website last week. Also removed from the site were images of business titans Donald Trump and Warren Buffet. It is unclear if Walmart, Trump and Buffet forced the removal.

    MPB Today is operated by Gary Calhoun. Calhoun was the subject of a 2006 inquiry by the U.S. Food and Drug Administration about the marketing of a product that claimed to treat Lou Gehrig’s disease, Parkinson’s disease and Alzheimer’s, among other serious medical conditions.

    Calhoun was ordered by the FDA to stop violating provisions of the Federal Food, Drug, and Cosmetic Act. His company, Trim International, later failed. Southeastern Delivery began to operate in Florida in January 2010, according to state records. The firm previously was known as William Lindsay Properties LLC.

    A number of MPB Today affiliates have posted check-waving videos that clearly show Gulf Coast’s name and other identifying information. The videos potentially expose MPB and the bank, which has a high ratio of troubled assets, to security breaches.  The video posters potentially are exposing themselves to identity theft.

    In January, Gulf Coast agreed to a consent order that required its board of directors to meet at least monthly to review reports of “income and expenses; new, overdue, renewal, insider, charged-off, and recovered loans; investment activity; operating policies; and individual committee actions,” according to the FDIC.

    Florida has one of the highest rates of bank failures in the United States and one of the highest foreclosure rates.

    “Within 90 days from the effective date of this ORDER, the Bank shall have and retain qualified management,” the FDIC ordered on Jan. 28.  “Each member of management shall have qualifications and experience commensurate with his or her duties and responsibilities at the Bank.”

    Gulf Coast consented to the order “without admitting or denying any charges of unsafe or unsound banking practices, or violations of law or regulation relating to weaknesses in asset quality, capital adequacy, earnings, management effectiveness, liquidity, and sensitivity to market risk,” according to a stipulation.