Tag: Zeek

  • Zeek Operator Paul R. Burks Was Cooperating With SEC Prior To Date Of Ponzi Complaint, New Filing Suggests

    Paul R. Burks, the operator of Zeek Rewards, was cooperating with the SEC prior to the filing of the Aug. 17 complaint that alleged Zeek was a $600 million Ponzi scheme and pyramid fraud, a new court filing suggests.

    That “period of cooperation” resulted in the production of “hundreds of thousands of documents, including financial records, e-mails, and all manner of electronic files,” according to the filing by Noell P. Tin, an attorney for Burks.

    The filing does not specify when the cooperation began or say whether others inside of Zeek knew that the SEC had access to Zeek records prior to the filing of the complaint and a freeze on the assets of Zeek’s parent company, Rex Venture Group LLC. But it may explain at least in part why Burks agreed to settle the case without admitting or denying the allegations and to cooperate with Kenneth D. Bell, the court appointed receiver: The SEC effectively already had been inside the company.

    Separately, First Premier Bank of Sioux Falls, S.D., has advised Senior U.S. District Judge Graham C. Mullen of the Western District of North Carolina that it is holding more than $31.2 million in three separate Rex Venture accounts frozen under court order. The largest Rex account at the bank holds more than $30.9 million. A smaller account holds more than $284,000, and the smallest account holds only $90, according to a filing by the bank.

    To date, court filings suggest that Rex Venture has an account at Charles Schwab that holds $10.3 million in cash and more than $4.94 million in securities. The company also has an account at North Carolina-based NewBridge Bank that holds more than $11.64 million.

    Rex Venture also holds an account at Four Oaks Bank & Trust Co. Inc., another bank in North Carolina. The bank has asked the judge to give it until Sept. 3 to say how much it is holding because of the “complexity of the financial information that must be analyzed and the need to obtain relevant information from a third party.”

    All in all, the SEC said on Aug. 17 that the Burks-controlled entities used 15 foreign and domestic financial institutions.

    Burks’ personal assets were not frozen in the Aug. 17 SEC action, and the accused Ponzi schemer wants to keep it that way, according to court filings.

    “There is no basis and no need to freeze Mr. Burks’ personal funds,” his attorney wrote in response to a motion by Bell that raised the possibility that “Recoverable Assets” were controlled by Burks and his family. “Mr. Burks has never expatriated the assets of Rex Ventures Group, LLC or his personal money. He has fully cooperated in the SEC investigation, which included examination of relevant financial records. He is 65 years old, married, a two time cancer survivor, and has lived in Lexington, North Carolina for 23 years. He has never been a defendant in any action, civil or criminal, until this matter. Mr. Burks is aware of the importance of this proceeding and will abide by any orders this Court imposes.”

    One of the remaining mysteries of Zeek is how and when key executives found out about the SEC probe and whether they or other insiders feathered their own nests prior to the collapse.

  • BULLETIN: CFTC Says California Man At Helm Of Ponzi Scheme Targeted At Deaf Christians; Marc Perlman Charged With Fraud Amid Claim He Advised Investor To Sell House Quickly And Plow Proceeds Into Forex Scheme

    BULLETIN: The CFTC has gone to federal court in the Southern District of New York, alleging that Marc Perlman of Rancho Cucamonga, Calif., and his firm, iGlobal Strategic Management LLC, were running a commodity-pool and Forex Ponzi scheme targeted at deaf Christians.

    Perlman and the company have been charged with fraud. The CFTC said the scheme sucked in “at least $670,000 from at least 17 people.”

    In at least one instance, the CFTC charged, Perlman encouraged an investor “to sell a house at a price that would result in a quick sale, stating that the profits that the iGlobal Investor would earn with iGlobal would make up for the lost equity.”

    It is at least the third major fraud scheme targeted at the deaf community since 2009. In October 2010, the SEC charged an entity known as Imperia Invest IBC in a caper that sucked in millions of dollars and affected thousands of people with hearing impairments. In 2009, the FTC charged Affiliate Strategies Inc. (ASI) in a government-grants scam. The Noobing autosurf was in the ASI stable of companies, and promotions were targeted at the deaf.

    Both Imperia Invest and Noobing were promoted on the MoneyMakerGroup and TalkGold Ponzi forums — the same venues from which Ponzi schemes such as AdSurfDaily and alleged Ponzi schemes such as Zeek Rewards were promoted.

    “Perlman furthered his and iGlobal’s fraudulent scheme by playing upon the Christian faith of certain iGlobal investors, using claims about his own faith and references to scripture to obtain the trust of certain iGlobal investors,” the CFTC charged.

    Victims hailed from Arizona, California, Florida, Georgia, Michigan, Oregon, Utah, Washington and Pennsylvania, the CFTC said, noting that Perlman is deaf.

    “Perlman offered to have calls with certain potential iGlobal Investors through a video phone system that enables communication through sign language,” the CFTC charged. “During these calls, Perlman told certain potential iGlobal Investors that he was offering them the opportunity to invest in a forex investment system that would yield profits of 10 percent each month. He later revised this projected number to 5 percent after certain iGlobal Investors invested funds.”

    The U.K. Financial Services Authority assisted in the CFTC probe, CFTC said.

    Read the complaint.

  • ALERT >> ALERT >> ALERT: Judge Dismisses Lawsuit Filed Against United States By AdSurfDaily Figures Todd Disner And Dwight Owen Schweitzer, Later To Become Zeek Promoters

    BULLETIN: A federal judge has dismissed the November 2011 lawsuit against the United States by AdSurfDaily figures Todd Disner and Dwight Owen Schweitzer.

    The dismissal of the lawsuit by U.S. District Judge Rosemary Collyer came on the same day she sentenced confessed ASD Ponzi scheme operator Andy Bowdoin to 78 months in federal prison.

    After their ASD days, Disner and Schweitzer went on to become promoters of Zeek Rewards, which the SEC now describes as a $600 million Ponzi- and pyramid scheme. ASD was a $119 million Ponzi scheme.

    Disner reportedly now is involved in an effort to raise funds to sue the SEC for its role in the Zeek case. Disner and Schweitzer also raised funds to sue the government for its role in the ASD Ponzi case, but Collyer today dismissed their complaint.

    From Collyer’s order of dismissal in the case brought by Disner and Schweitzer, who alleged the seizure of their records on ASD’s database was unconstitutional (italics added).

    They allege that federal agents seized money, uncashed checks, unendorsed checks, books, computers, and other assets and records created and maintained by Plaintiffs in the computers and servers that were in the custody and control of ASD. Plaintiffs maintain that their information was encrypted and password protected. Specifically, Mr. Disner claims that he is owed $53,000 . . . On September 17, 2008, the Government returned to ASD the computers that it had seized . . . Mr. Schweitzer avers that he cannot remember where his checks/money orders were drawn, that he put $3,500 into ASD, and that he was involved with ASD for “only a few weeks before it was shut down.”

    Read the full ruling.

  • URGENT >> BULLETIN >> MOVING: AdSurfDaily Ponzi Schemer Andy Bowdoin Sentenced To 78 Months In Federal Prison — Maximum Under Plea Agreement

    Thomas A. "Andy" Bowdoin

    URGENT >> BULLETIN >> MOVING: (UPDATED 5:20 P.M ON SEPT 4.) AdSurfDaily President Andy Bowdoin has been sentenced to the maximum term in federal prison under his plea agreement: 78 months.

    The sentence was handed down minutes ago by U.S. District Judge Rosemary Collyer of the District of Columbia. ASD was a $119 million Ponzi scheme operating over the Internet between 2006 and 2008 and creating thousands of victims.

    Separately, Collyer issued an order that authorized the U.S. Department of Justice to reopen remissions, meaning that ASD victims who missed the January 2011 filing deadline will have an opportunity to gain a pro rata share of the remainder of ASD proceeds seized by the U.S. Secret Service in 2008.

    “Thomas Bowdoin was a master of fraud and deception, cheating victims out of their hard-earned money and savings with his get-rich scheme,” said U.S. Attorney Ronald C. Machen Jr. of the District of Columbia. “His actions cost his victims millions of dollars and now they will cost him his freedom. This sentence will protect the public from Mr. Bowdoin’s scams and hold him accountable for his crimes.”

    A top U.S. Secret Service official said the agency is using a variety of tools to bring scammers to justice.

    “Capitalizing on the strength of our financial task force partnerships, we aggressively pursue criminals using computer experts, forensic specialists, investigative experts and intelligence analysts,” said Dennis Ramos Martinez, special agent in charge of the Orlando Secret Service office.

    Machen’s office declined to comment today on whether the ASD probe was ongoing.

    Bowdoin is 77.

    In November 2011, ASD figure Kenneth Wayne Leaming was arrested by the FBI on charges of filing false liens against at least five public officials involved in the ASD case. Two of the officials were federal prosecutors. One was the lead Secret Service investigator.

    Machen’s office — without referencing the FBI allegations against Leaming — today praised the work of former Assistant U.S. Attorneys William Cowden and Vasu B. Muthyala. And Machen’s office also praised U.S. Secret Service agent Roy Dotson. All three men allegedly were targeted with false liens from Leaming, a purported “sovereign citizen.”

    Leaming, 56, is jailed near Seattle.

    Bowdoin’s sentencing today occurred against the backdrop of the collapse of Zeek Rewards, which was accused by the SEC Aug. 17 of operating a $600 million Ponzi- and pyramid scheme that potentially affects more than 1 million people. Zeek’s business model was similar to ASD’s business model. The U.S. Secret Service also is investigating Zeek.

    Here’s what prosecutors in the District of Columbia said today about ASD’s business model (italics added):

    ASD’s business model promised members the opportunity to earn 125 percent (initially 150 percent) on each dollar paid into ASD, as long as the members viewed other members’ websites for a few minutes each day on ASD’s Internet page, commonly referred to as the ASD “rotator.” Bowdoin also promised members commissions for recruiting other members into the program.

    While a small percentage of ASD members who invested early in the program could earn the extraordinary rates of return, the promised opportunity was illusory for the vast majority of ASD members. Indeed, due to the fact that ASD’s pyramid-style business model relied entirely on an ever increasing influx of new money to fund the debt owed to earlier members, the vast majority of members could never earn the promised rates of return, making the promised opportunity fraudulent.

  • As Zeek Apologists Solicit Funds And Plant Seed They’ll Sue SEC, Guest Columnist Asks, ‘Whose Lawyer Is This Anyway?’

    DISCLOSURE: Gregg Evans, a longtime member of the antiscam community, is a longtime PP Blog contributor. He was not compensated for this column, and his views are not necessarily the views of the PP Blog.

    Whose Lawyer Is This Anyway?

    By Gregg Evans

    A group of Zeek Rewards’ affiliates claim they have retained SNR Denton to do, well, something about the SEC taking over Rex Venture Group, Zeek’s corporate parent. What they intend to do is a mystery at this time. You see, Rex Venture Group, and with it Zeek, is dead. Nothing left but the shell that is in possession of a court-appointed receiver.

    There can be no resurrection here: Paul Burks, the previous owner has turned the company over voluntarily to the receiver and, under the terms of the consent judgment, he cannot change his mind, he cannot appeal, he cannot argue that he didn’t violate securities laws and he can’t reboot the company under a different entity.

    Zeek is no more: All that’s left is to gather up all the money and distribute what’s left back to those that it was stolen from.

    The first problem with this is that not all that was stolen can be recovered, a part of it is going to be spent in the effort to return it and not everyone lost, which means some people won. Fairness, and by the way the law, says that those winners should have to return not only their ill-gotten gains, but in fact they should also return part of their original investment so that they proportionately bear the same loss rate as everyone involved.

    In short, if the average “investor” is only going to recover $30 of the $100 they sent in, why should someone who sent $10,000, and profited in the end, only have to return their net winnings? It’s only fair that they should in fact have to return all their profits, but also 70% of their contributions, so that they bear the same loss as everyone else. If you sent in $10,000 and didn’t take out a dime, I think you’ll see the logic there. If, on the other hand, you were among the early investors who made a sizable profit, you may think differently.

    Zeek presented in online pitch as “Passive Income!” opportunity.

    It was once claimed that some affiliates were “earning” over $1 million a month from Zeek. If you’re a big winner, you might be quietly hoping that the receiver isn’t going to try to get anything back from you and you might be thinking that if he does, you might be wise to get an attorney to do everything legally possible to prevent any of your “profits” being taken from you to be added to the pool of funds eventually refunded to the people who weren’t as lucky as you. Well and good. I don’t agree with you, but then again, I wasn’t getting a million dollars a month in Zeek “profit sharing.” You’re certainly entitled to the best legal talent you can pay for.

    Ah, but you’re too greedy to even accept that. No, you’re not going to use your own money to get that very pricey legal team working to keep you from losing money in the Ponzi scheme like almost all the others, you want the losers to contribute to a fund to pay your lawyers.

    That’s chutzpa, Sparky.

    The names so far mentioned as being behind this legal effort are hardly innocents. Among them are some names very familiar to those of us who follow online investment frauds, Ponzi schemes and MLM hucksters. These are the big recruiters. They pimped this scam, flaunted the money they were raking in, money that was ultimately stolen from their own downlines. Now they’ve cranked up their downlines, incited the victims and are shouting from the Internet hills about the injustice of the evil government shutting down their favorite scam, because, after all, it was still paying.

    Never mind the $3 billion deferred liability that Zeek Rewards had only $225 million to pay. Never mind that only 2% of Zeek’s revenue came from an actual business and that 98% of the money paid out in the end was coming from new money paid into the affiliates programs. (The very definition of a Ponzi scheme.)

    I’d venture you’d be a little less admiring of Paul Burks if the SEC, Secret Service and North Carolina Attorney General had not investigated this scam and it had collapsed of its own weight a few weeks or days later than the SEC action. There were signs that Zeek was in fact about to implode in the very near future anyway. Had that happened I’d expect a few of you would be raising complaints as to why the authorities had let the scam continue when they knew about it and had been investigating it. (Search “CMKX Scam” for an example of that.)

    But with apologies to Arlo Guthrie, that’s not what I’m here to talk about.

    I’m here to talk about your lawyers, and how you’re trying to get the people whose stolen money you have, to pay lawyers so you don’t have to give any of that stolen money back. First, you’re asking people to send the money to you, not to the lawyers. Second, you’re telling them to please not call the lawyers.

    This raises a few issues. To begin with, if the people involved lost money they can of course take advantage of the tax code to at least save on their taxes. They could also, if they retained counsel in relation to their business deduct that money, too. They cannot deduct any contribution they make to someone else’s legal bills.

    In order for them to be able to say they paid a lawyer in relation to a business expense, the IRS is pretty insistent that they paid lawyers, not paid someone else who paid a lawyer, especially when the lawyer in question won’t even take your calls. I’m not an attorney myself but I’m pretty certain that some ethical rule somewhere says you have to take calls from your client. Which brings us to another thing:

    Who is the client, and what is the client’s interest?

    In a solicitation letter published on the Internet, the people soliciting donations say that the law firm will only communicate with 12 people. Forgive me if I take that to mean that only those 12 people are formally the clients represented, and that means that the attorney’s in question MUST represent those 12 people and ONLY those 12 people, and any interest any other people may have that is against the clients are by default adversarial.

    So if, for instance, those 12 people were all net winners wishing to avoid a clawback action, hundreds of thousands of investors who lost would be the enemy, and by the tenets of the legal profession, said lawyers would be opposed to their interests in any conflict. There were early reports of over a million investors in Zeek Rewards. At a later news conference, the receiver said that number may well be over 2 million.

    Mathematically speaking a Ponzi scheme results in at least 88% of participants who are net losers, a percentage that rises the longer a scheme continues, so of the 2 million, 1,760,000 people are likely net losers here. But these lawyers are only looking out for the 12, who I’ll bet are all net winners.

    I’ll go out on a limb and say that all of them are big-time winners; at least one had a video posted showing off a new luxury home he implied was paid for with Zeek Reward profits. And they want the losers to pay for their lawyers, because after all, Zeek was still paying. There was over $225 million left in the till and if the evil government had just minded their business they could have gotten a pretty good chunk of that, too.

    So, am I wrong? I’m talking now to the 12 people who are allowed to call the lawyer, and to the lawyer, too for that matter. I think this is rotten to the core, but prove me wrong. Make public the retainer agreement between whoever the clients are and SNR Denton.

    If you’re good enough and shameless enough to get your victims to pay for your lawyers, good on you, but I think you owe it to the people you’re asking to pay for it to show them just exactly what they’re paying for, and whose interest is being represented here.

    Oh, and since you’re telling people to pay you, and not the lawyers, and since that means they can’t deduct it on their taxes, I ‘d like to offer my own opinion that any money you get is regular income as far as the IRS is concerned, and you’d better report every penny of it as such.

  • URGENT >> BULLETIN >> MOVING: Charles Schwab Accounts Holding Nearly $18.6 Million In Name Of Accused Zeek Operator Paul Ray Burks Or Rex Venture Group Have Been Frozen

    URGENT >> BULLETIN >> MOVING: (UPDATED 12:16 P.M. EDT (U.S.A.) The office of the corporate counsel for Charles Schwab in San Francisco has informed a federal judge that it is holding almost $18.6 million in two accounts linked to the alleged Zeek Rewards’ Ponzi scheme.

    One of the accounts is in the name of Rex Venture Group LLC and has more than $10.3 million in cash and more than $4.94 million in securities, according to court filings. Rex Venture is Zeek’s purported parent company.

    The second Schwab account, meanwhile, holds more than $2.3 million in cash and more than $1.3 million in securities, Schwab informed the court. The second account is in the name of Paul Ray Burks, Zeek’s alleged operator.

    Schwab has “frozen” the assets in both accounts under court order, the firm said in a court filing.

    Separately, North Carolina-based NewBridge Bank has certified in court filings that it is holding more than $11.64 million in an account under the name of Rex Venture Group LLC, Zeek’s purported parent company. Zeek announced suddenly on May 28 (Memorial Day) that it was closing its NewBridge account and advised members to cash checks before June 1 or they would bounce.

    Why so much money remained in the account was not immediately clear.

    Other court filings suggest that Rex Venture also had money on deposit at Four Oaks Bank & Trust Co. Inc., a bank in North Carolina. Four Oaks has asked the court to give it until Sept. 3 to comply with an order to specify precisely how much Rex had on deposit at the institution.

    Extra time was needed because of the “complexity of the financial information that must be analyzed and the need to obtain relevant information from a third party,” the bank informed the court.

    Four Oaks did not identify the third party.

    When the U.S. Secret Service brought the AdSurfDaily Ponzi case in 2008, it was discovered ASD President Andy Bowdoin had more than $65.8 million in 10 personal bank accounts.

    On Aug. 17, the SEC alleged that Zeek was a massive Ponzi- and pyramid scheme that had gathered about $600 million.

    ASD operator Andy Bowdoin is scheduled to be sentenced tomorrow on a charge of wire fraud.

    Zeek is known to have members in common with ASD. The U.S. Secret Service also is investigating Zeek.

     

     

  • UPDATE: ASD’s Andy Bowdoin Asks Judge For Mercy; Requests Sentence Of ‘Time Served’ And ‘Home Incarceration’ In Ponzi Scheme That Gathered At Least $119 Million And Caused Millions Of Dollars In Losses

    Thomas A. "Andy" Bowdoin

    UPDATED 2:32 P.M. EDT (U.S.A.) Confessed Ponzi schemer Andy Bowdoin of AdSurfDaily has asked U.S. District Judge Rosemary Collyer for mercy and for a sentence of “time served” and “home incarceration.”

    Federal prosecutors have asked Collyer to sentence Bowdoin to 78 months, the maximum sentence under a plea agreement Bowdoin signed in May.

    Bowdoin, 77, is scheduled to be sentenced Aug. 29 in an online Ponzi caper federal prosecutors now say gathered at least $119 million and created at least 9,000 victims. The ASD patriarch has been jailed since June. Collyer ordered him jailed after prosecutors produced evidence that Bowdoin continued to promote scams — including another 1-percent-a-day scam — after the U.S. Secret Service raided ASD in August 2008 and arrested Bowdoin on Ponzi-related charges in December 2010.

    The other 1-percent-a-day scam was AdViewGlobal, which collapsed in 2009. Bowdoin also promoted “OneX,” which prosecutors described as an ASD-like pyramid scheme.

    Bowdoin’s sentencing is expected to be closely watched by members of Zeek Rewards, which the SEC described Aug. 17 as a $600 million online Ponzi and pyramid scheme that potentially could affect more than 1 million participants. Zeek’s business model of suggesting a return of more than 1 percent a day was possible strongly resembled the ASD business model.

    “As an initial matter, Mr. Bowdoin pleaded guilty to the instant offense [wire fraud] [and] stands before this Court accepting of its punishment,” Bowdoin’s attorneys wrote in a memo to Collyer. “The Defendant does not accept punishment bitterly, but understands that he has committed a crime and that he must be punished.”

    Bowdoin, according to his lawyers, disputes a government analysis that pegs total ASD losses by investors at $75 million. The actual loss, the lawyers argued, was $19 million.

    “Mr. Bowdoin does not make this objection to minimize his activities,” the lawyers argued. “He only wishes to put the extent of the harm caused by his activities in the appropriate context.”

    But Bowdoin’s advancing age and declining health are factors the judge should consider when sentencing Bowdoin, whose wife also is sick, the attorneys argued.

    Bowdoin is remorseful for his illegal conduct and has accepted responsibility for his crime, his attorneys argued to the judge.

    Unlike many Ponzi scheme cases, the government was able to seize tens of millions of dollars of assets in the ASD case before they could be dissipated, according to court filings. In August 2008, the U.S. Secret Service seized about $80 million from 15 ASD-related bank accounts.

    Other seizures occurred in December 2008 and December 2010, for much smaller amounts, according to court filings. Some of the later seizures involved the bank accounts of individual ASD members.

  • URGENT >> BULLETIN >> MOVING: Prosecutors Ask Judge To Approve Order That Would Reopen Remissions In AdSurfDaily Ponzi Case

    URGENT >> BULLETIN >> MOVING: Federal prosecutors have asked U.S. District Judge Rosemary Collyer for an order that would reopen the remissions process in the AdSurfDaily Ponzi case, potentially giving victims who missed the January 2011 filing deadline a chance to gain a pro rata share of the balance of seized assets.

    The U.S. Secret Service seized about $80 million in the case. To date, the government has returned about $58.8 million to about 9,000 victims. Other victims might have missed the January 2011 filing deadline because ASD’s records were a mess, prosecutors asserted.

    “The victims in this case include thousands of domestic and possibly international individuals and entities who provided funds directly to ASD,” prosecutors advised Collyer. “Although the government obtained the ASD member database, which contained the names of approximately 97,000 ASD members, it is entirely possible that this database does not contain all of the ASD victims.”

    Separately, the U.S. Department of Justice said it did not oppose a reopening of remissions.

    “Although the previous remission process was open for an extended period of time, [the Asset Forfeiture and Money Laundering Section] intends to administer a final remission process, whereby those who missed the original deadlines would be able to submit a petition for remission,” the Justice Department said in a letter to one of the federal prosecutors in the District of Columbia who is handling the ASD case.

    “While the final details are still being determined, we envision that process starting shortly after the sentencing in this case, and providing approximately 45 days from the beginning of that process for individuals to file petitions. Petitioners who satisfy the requirements of 28 C.F.R: § 9.8 would be eligible for remission, and the granted petitioners would receive a pro-rata share of the remaining forfeited proceeds. The details of this process will be posted on the Ad Surf Daily page on website of the United States Attorney for the District of Columbia.”

    Eligible claimants, according to the government’s filing, must demonstrate (italics added):

    (1) he or she incurred pecuniary loss of a specific amount; (2) the pecuniary loss was a direct result of the illegal act; (3) the victim did not knowingly contribute in, participate in, or benefit from, or act in a wilfully blind manner toward the commission of the offense; (4) the victim has not been compensated for the loss; and (5) the victim does not have recourse to other assets to obtain compensation.

    The PP Blog will update this information as needed.

    In other ASD news, prosecutors have formally put the total amount ASD gathered at $119 million, up from a preliminary figure of $110 million.

    And prosecutors noted that “less than $50,000 came from sources other than ASD members.”

    Last week, the SEC filed charges against an ASD-like “opportunity” known as Zeek Rewards. In case filings, the agency asserted that only 2 percent of Zeek’s revenue was external to the membership, making Zeek a “classic” Ponzi scheme.

    Former ASD President Andy Bowdoin is scheduled to be sentenced Aug. 29.

  • As Zeek-Related Fundraising Efforts Begin, ‘Andy’s Fundraising Army’ Down For The Final Count: AdSurfDaily Patriarch Andy Bowdoin Awaits Sentencing In Pre-Zeek, 1-Percent-A-Day Ponzi Scheme Case

    UPDATED 11:31 P.M. EDT (AUG. 26, U.S.A.) After the collapse of AdSurfDaily in 2008, there were at least four efforts to raise funds to “defend” the Ponzi enterprise and/or its participants. The PP Blog has received reports that at least one such effort is under way in the aftermath of the collapse last week of Zeek Rewards, which the SEC called a $600 million Ponzi- and pyramid scheme that had affected more than 1 million people. Zeek also is under investigation by the U.S. Secret Service and the office of North Carolina Attorney General Roy Cooper.

    Zeek members who cling to a belief that the government somehow got it wrong perhaps can save themselves both money and heartache by looking at the history of the various ASD-related efforts to “defend” the multilevel marketing “program” after the U.S. Secret Service seized 15 bank accounts (and about $80 million) in ASD-related proceeds in August 2008.

    Here are briefs on the various ASD-related “defense” efforts:

    “Andy’s Fundraising Army”: This bizarre effort was the fourth and final of a series of failed ASD-related efforts. Started by accused ASD Ponzi schemer Thomas A. “Andy” Bowdoin himself last summer (with the purported help of ASD cheerleader Tari Steward), the effort immediately devolved into a symphony of the bizarre.

    With Bowdoin effectively having been out of public view for nearly three years, the purported “army” teased potential contributors for days with a photo that showed Bowdoin smiling broadly and looking confident. Among other things, the teaser asserted there was “MORE GOOD NEWS” and plenty of reasons to help Bowdoin raise $500,000 to pay for his criminal defense.

    It went on to assert that “A Recent Survey of ASD Members Proves that the Vast Majority of You Want to Join Andy’s Fundraising Army” and that “[P]er standard and accepted industry guidelines, public opinion surveying of 140 members of a large group of members that all share a common interest or purpose, of any size, even in the millions, will give an excellent cross section of the opinions and viewpoints of the entire group.”

    But the “army” site did not describe the characteristics of the 140 ASD members purportedly sampled. Nor did it define what specific surveying “standard” it applied or define the source of the purported “industry guidelines.”

    And what would a good, MLM-like approach to raise funds for an accused HYIP scammer (1 percent a day) be without a “prelaunch” phase? With the teaser in place, a placeholder website for “Andy’s Fundraising Army” promised a full launch to come, along with the exciting opportunity for ASD members to send funds to the man accused of defrauding them to the tune of $110 million.

    But like a bad HYIP dream, the “army” website naturally missed its first advertised launch date. This was blamed on the need for more “testing,” reinforcing one of the HYIP world’s longstanding clichés. It then missed its second advertised launch date, explaining that “one last important system is being finalized.” With the first two launch dates missed, the site reported that it had set a “Final Revised Launch Date.”

    During the evening of July 26, 2011, the launch finally occurred. Like many things ASD, it provided minute after minute of MLM infamy. Indeed, Bowdoin appeared in a fundraising video with symbols of American patriotism as the backdrop.

    Among other things, Bowdoin — who in 2008 described himself as a Christian “money magnet” and advised ASD members after the Secret Service raid that “God” was on the company’s side and that “Satan” had infiltrated the government — claimed in the video that he’d been “crucified” by U.S. law enforcement.

    He blamed the ASD-related losses in civil court on a federal judge, the prosecutors and his own former defense counsel. Bowdoin asked members to provide $500,000 to help him pay his new defense team.

    It is believed he raised about $26,000 in the following weeks — but things continued to unfold like a bad HYIP dream. There was a report that a hurricane knocked the fundraising site offline, for instance. By January 2012, the site had lost its ability to collect money via PayPal. Federal prosecutors declined to comment on the development, which occurred after Bowdoin had become a pitchman for “OneX.”

    In April 2012, prosecutors described OneX as a fraudulent scheme and pyramid. Bowdoin pleaded guilty to wire fraud the following month, admitting ASD was a Ponzi scheme. His fundraising website, which published purported “expert” opinions from attorney Gerald Nehra and consultant Keith Laggos that ASD was not a Ponzi scheme, remained online for weeks after the guilty plea.

    The “Andy’s Army” site is now offline and is listed as an expired domain. In recent days, Bowdoin — as part of his plea agreement — has dropped his last remaining claim to cash seized in the ASD case. (A third ASD-related forfeiture complaint was filed by the government in December 2010. Bowdoin entered a claim.) He is scheduled to be sentenced Aug. 29.

    Nehra’s law firm later became counsel for Zeek, according to Zeek. And Laggos became a purported “consultant.”

    Todd Disner and Dwight Owen Schweitzer: Even as Bowdoin was rolling out his “army” website and repeatedly missing launch dates, ASD figures Todd Disner and Dwight Owen Schweitzer were advancing a plan to raise money to sue the government. An email attributed to Disner surfaced in July 2011 that introduced a pronoun mystery: “We plan to go after Akerman Senifit (sic) next,” the email read in part.

    Akerman Senterfitt was the name of Bowdoin’s original defense law firm in the civil portion of the ASD case. In the earliest days of the case, ASD cheerleaders on the now-defunct “Surf’s Up” forum positioned the well-known firm as the “Perry Mason” firm; the government, meanwhile, was said to be represented by “Gomer Pyle.” A federal judge was described as “brain dead” if she ruled against ASD, and a federal prosecutor was described as an individual who deserved to be placed in a medieval torture rack.

    Why Disner chose the pronoun “we” was never explained. The July 2011 email followed an April 2011 email attributed to Disner that included this declaration: “Let the games begin!”

    During this period, Disner and Schweitzer were soliciting funds to sue the government. This effort began at an unclear point of time after November 2008, the month a federal judge issued a key court ruling against ASD while saying Nehra’s opinion could not be relied upon in part because it “relied solely on the written words contained in the Terms of Service without independent investigation or review of ASD’s business records to ascertain how ASD operates in fact before opining.” (Bolding added.)

    If the judge’s ruling could be reduced to two words, it might read, “Gomer won.”

    At an unclear point in time, both Disner and Schweitzer became reps for Zeek. They filed their ASD-related lawsuit in November 2011, claiming, among other things, that the government had presented a “tissue of lies” when bringing the August 2008 forfeiture case. As part of their apparent strategy, Disner and Schweitzer pointed to purported expert opinions of Nehra and Laggos. Disner and Schweitzer produced those opinions months after ASD had lost two civil-forfeiture cases in both U.S. District Court and the U.S. Court of Appeals.

    Months later, Bowdoin himself put both Disner and Schweitzer in a box. In May 2012 — after Nehra and Laggos both had opined ASD was not a Ponzi scheme and after Disner and Schweitzer had sued the government — Bowdoin admitted that ASD was a Ponzi scheme.

    Bob Guenther and ASDMBA: In 2008, ASD member Bob Guenther became the de facto head of an entity known as the ASD Members Business Association. The stated goal of ASDMBA was to raise funds to hire Dallas attorney Larry Friedman to represent ASD members’ interests in the case.

    ASDMBA soon devolved into a circus, with Guenther using its website to promote a company that was developing an online game. Along the way, Friedman sued ASD critic Jack Arons, triggering a side drama that lasted for weeks and burying Arons in an avalanche of paperwork. (As a matter of pure PR, high-powered Friedman came out the loser for bringing out nukes against a web critic armed with a fly-swatter. The avalanche finally ended, with Arons, a Florida retiree who lives in a manufactured home, largely unscathed.) Guenther, meanwhile, refused to provide a reliable accounting of how the tens of thousands of dollars raised by ASDMBA was spent, according to members.

    Guenther bizarrely dismissed his critics as “left wing liberal no balled people,” calling one an “ignorant mouthy broad.” He also claimed ASDMBA was instrumental in returning money to ASD victims, saying the group retrieved funds for retired and active-duty police officers in Texas and California, and for a high profile Dallas Cowboy’s executive.

    Nothing in the public record suggests Guenther had any standing to perform any services on behalf of ASD members. It later emerged that Guenther was a convicted felon. Months after the 2008 formation of ASDMBA, in March 2009, Guenther was charged with two felony counts of aggravated harassment. Mesa, Arizona, police said Guenther repeatedly violated a court injunction for workplace harassment that prohibited him from nuisancing Cheyenne Mountain and Affiliates, the Arizona business that was developing the online game promoted on ASDMBA’s website.

    Guenther later accepted a plea agreement in the harassment case. No jail time was ordered.

    ASD Members International: This one was hatched by members of the pro-ASD “Surf’s Up” forum, which became Bowdoin’s official mouthpiece after the key court ruling went against ASD in November 2008. ASDMI was a purported nonprofit entity formed in Missouri. Its bizarre mission was to raise funds to litigate against the government even if the government was proceeding lawfully. In short, ASDMI planted the seed that prosecutors and investigators would be sued and/or charged with crimes.

    It is believed that at least 168 people contributed money to ASDMI.

    Included in the ASDMI braintrust was former Surf’s Up moderator Barb McIntyre, who enforced a “Poof Penalty” when ASD members left links on Surf’s Up to stories on the PP Blog.

    But if there was an ASDMI “star,” it was “Professor” Patrick Moriarty, one of the most unusual characters in the entire ASD drama. Moriarty was an early advocate for Curtis Richmond, a purported “sovereign” being who advanced a theory that all commerce was lawful as long as the buyer and seller agreed to a contract. Among other things, it was a position that would have legalized slavery and human trafficking. Richmond went on to accuse a federal judge of “TREASON” and to accuse investigators of theft.

    Richmond was hailed a “hero” on Surf’s Up, which never revealed that Richmond had been found in contempt of court for threatening federal judges and was part of a Utah “Indian” tribe a federal judge ruled a “complete sham.” (This is the “tribe” known derisively as the “Arby’s Indians” because it once held a meeting in an Arby’s restaurant in Utah. The purported “tribe” also had a purported “Supreme Court.” The address for the “Supreme Court” was the address of a doughnut shop. Richmond was sued successfully under the federal racketeering statute (RICO) by public officials in Utah targeted in a vexatious legal campaign by Richmond and other “tribe” members.)

    With Surf’s Up fanning the flames that federal prosecutors and a U.S. Secret Service agent needed to be investigated and prosecuted for their roles in the ASD Ponzi case, it emerged that Moriarty — who once sold fake academic degrees on eBay, claiming they were gag gifts — once had started a purported nonprofit in the name of a man accused of killing a woman in cold blood and ambushing two Missouri police officers and another man.

    Moriarty later was indicted on charges of tax evasion. He pleaded guilty, and was sentenced to federal prison.

    NOTE TO ZEEK READERS: This document, which was filed by federal prosecutors in December 2008, is the second of three known forfeiture complaints filed against ASD-related assets. It is highly recommended reading.

    The document was filed about four months after the original — and best-known ASD forfeiture complaint — was filed.

    The ASD case started as a civil case with a parallel criminal investigation. Zeek-related litigation may follow the same track. Ponzi investigations take time. The December 2008 ASD forfeiture complaint shows that investigators continued to “follow the money” and to destroy ASD’s cover story after the original forfeiture complaint was filed.

    It likely is true that the August 2008 complaint has received the most attention — no doubt because it laid out the core elements of the government’s case. But the December 2008 filing was tremendously damaging because it provided the first real inside glimpse into how ASD truly was operating.

     

     

  • DEVELOPING STORY: JSS Tripler/JustBeenPaid HYIP Ponzi Scheme Appears To Be Morphing Into Autosurf Ponzi Scheme; Cheerleaders Try To Tame The Troops On Ponzi Boards Amid Reports That Frederick Mann Has ‘Retired’

    "ProfitClicking" claims it has acquired JSS/JBP and that Frederick Mann has retired.

    Just days ago Frederick Mann — the purported operator of the JSS Tripler/JustBeenPaid “program” — was hinting that his fraud scheme that advertised a return of 60 percent a month needed a new name because critics were being entirely too negative. Like the now defunct Zeek Rewards “program,” which last week was described by the SEC as a $600 million Ponzi and pyramid scheme that was selling unregistered securities as investment contracts, JSS/JBP had served up one public-relations disaster after another.

    There was the little matter of an ad for JSS/JBP that appeared on a website known as Vatican Assassins, for instance. And there was “Ping,” a woman who’d claimed she had heart problems, was managing multiple JSS/JBP accounts, that her sister’s home was in trouble — and that JSS/JBP ignored her support tickets for weeks.

    Mann speculated that the company could come under attack by American cruise missiles.

    JSS/JBP found itself wrestling another PR flap in the past 24 hours, amid Ponzi-forum reports that Mann suddenly had “retired” and that the JSS/JBP “program” had been acquired and wrapped into an upstart autosurf known as ProfitClicking.

    A quick analysis of the shell of the ProfitClicking website suggests that the emerging “opportunity” plans to be every bit as disingenuous as the five-alarm fraud scheme it apparently has swallowed. Ponzi-forum pretentiousness on places such as MoneyMakerGroup can be paraphrased as such:

    • I didn’t sign up for no stinkin’ autosurf. Where the hell is the money I gave the JSS/JBP scammers to see if I could profit from the scam?
    • Give these honest scammers a chance to see if they can pull off their new scam.
    • Be patient with the new scammers and don’t make too much noise. Remember, we have to pretend they’re not scammers and we’re not scammers to maximize the effectiveness of the scam.

    Perhaps to make its “sovereign citizen” clientele feel at home, ProfitClicking has adopted all or part of the former JSS/JBP terms, which makes members affirm they are not with the “government.”

    Like the collapsed AdViewGlobal autosurf Ponzi scheme that now has been linked to the collapsed AdSurfDaily Ponzi scheme, ProfitClicking is calling itself a “private association.”

    Similar to the collapsed Zeek scheme, ProfitClicking says it has a “Legal Compliance Department.”

    Like many online fraud schemes these days, ProfitClicking appears to have a plan to scam the public through social-networking sites such as Google +, Twitter and Facebook. And Profit Clicking says it is using at least two of the same offshore payment processors Zeek chose: Payza and SolidTrustPay.

    Mann was a former pitchman for the ASD Ponzi scheme. Zeek and JSS/JBP are known to have members in common.

    One graphic on the current landing page for ProfitClicking features a cartoon image of a bird. The bizarre headline is “Polly Wants A Profit.”

    Naturally, there’s also a picture of a waterfront mansion.

     

  • BULLETIN: Zeek Receiver Establishes Website: ZeekRewardsReceivership.com

    “On August 17, 2012, Judge Graham C. Mullen of the U.S. District Court for the Western District of North Carolina, Charlotte Division, entered an order appointing Kenneth D. Bell of McGuireWoods LLP as temporary receiver of ZeekRewards for the purposes of marshaling and preserving all assets of ZeekRewards and those assets (a) held or possessed by ZeekRewards; (b) held in constructive trust for ZeekRewards; and (c) fraudulently transferred by ZeekRewards.”From a statement by the receiver

    The website URL for the receiver appointed to handle the SEC’s Ponzi- and pyramid-scheme case against Zeek Rewards, Rex Venture Group LLC and Paul R. Burks is ZeekRewardsReceivership.com.

    Kenneth D. Bell, a highly experienced attorney who has served both as a federal prosecutor and as defense counsel, is the receiver.

    Bell rose to national prominence as a recipient of the U.S. Attorney General John Marshall Award for Trial of Litigation. He received that award from the U.S. Department of Justice after successfully prosecuting a Hezbollah terrorist cell operating in North Carolina.

    The receivership website is not yet fully operational. Visit the site.