Wednesday, April 2, 2014
Where is the prison capitol of the world?
In the good old USA its all about locking up the bonded debt slaves.My position on going to court has always been: never voluntarily go to court. Live men and women are not meant to be in any place designed solely for the business of fictional entities. When we attend court, we are deemed dead, in fact, they cannot deal with us until we admit to being dead….a legal fiction….a trust. Court is for titled persons: judge, prosecutor, defendant, bailiffs, cops, and attorneys. Live men and women are not recognized, so it makes sense to send in a dead person––an attorney––to handle our cases …. except for one thing: they do not know how the system works, due to their indoctrination. If you can find one to do as you say, then you will prevail, but most of them would rather hang onto their BAR cards than behave honourably. The only thing that dead, fictional entities want from us is our life energy, and the only way they can get it is by our agreement. Without us, they cannot function, so, they are desperate to get us into court, to have us pay the debt which they created by charging the trust.
Since common law courts no longer exist, we know that the case never has anything to do with “facts” or live men and women and so, anyone who testifies (talks about the facts of the case) is doomed. ALL courts operate in trust law, based upon ecclesiastical canon law–– ritualism, superstition, satanism, etc.––which manifests as insidious, commercial law and we are in court to take the hit, if they can get us to do so. They use every trick in the book––intimidation, fear, threat, ridicule, rage, and even recesses, in order to change the jurisdiction, when they know they are losing, in order to make us admit that we are the name of the trust. When we do so, we are deemed to be the trustee––the one liable for administering the trust. Ergo, until now, it has been a waste of our time, energy, and emotion to go to a place where it is almost certain that we will be stuck with the liability.
We all know from our indoctrination, programming, and schooling that judges are impartial and have sworn an oath to this effect. This means he must not favour either plaintiff or defendant. But, our experience reveals that he does, indeed, favour the plaintiff, indicating a glaring conflict of interest––that the prosecutor, judge, and clerk all work for the state––the owner of the CQV trust. So, as the case is NOT about “justice”, it must be about the administration of a trust. They all represent the trust owned by the state and, if we are beneficiary, the only two positions left are Trustee and Executor. So, if you detect the judge’s partiality, although I doubt the case will get this far, you might just want to let them know that you know this.
If you consider court as entertainment and if you can stand the evil emanating from its officers, the fear and angst oozing from the walls, and the treacherous atmosphere, then go, knowing that under trust law we cannot be the trustee or the executor of a trust, whilst being beneficiary, as that would be a conflict. The position of beneficiary may lack clout, but the other positions hold liability. Since state employees want to be the beneficiaries of the trust, the only way they can do so is to transfer, to us, the liability which they hold, as trustees and executors, because they also cannot be both the administrators and beneficiary of the trust. So, trusteeship and executorship, i.e.: suretyship, becomes a hot potato and everyone wants to toss it so s/he can be beneficiary of the credit from the trust.
When we were born, a trust, called a Cestui Que Vie Trust (“CQV”) was set-up, for our benefit. Evidence of this is the birth certificate. But what is the value which must be conveyed to the trust, in order to create it? It was our right to property (via Birth into this world), our body (via the Live Birth Record), and our souls (via Baptism). Since the state/province which registered the trust is the owner, it is also the trustee…. the one that administers the trust. Since they, also, wanted to be beneficiary of this trust, they had to come up with ways to get us, as beneficiary, to authorize their charging the trust, allegedly, for our benefit (via our signature on a document: citation, application, etc.), and then, temporarily transfer trusteeship, to us, during the brief time that they want to be the beneficiary of a particular “constructive” trust.
This means that a trust can be established anywhere, anytime, and the parties of the trust are quickly, albeit temporarily, put into place. But, since a beneficiary cannot charge a trust––only a trustee can do so––it is the state that charges the trust, but they do so for their benefit, not ours (albeit occasionally we do reap some benefit from that charge but nowhere near the value which they reap. Think bank loan….. we reap a minute percentage of what they gain from our authorization). So, the only way, under trust law, for them to be able to charge the trust is to get the authorization from the beneficiary––us, and the only way for them to benefit from their charge is to get us to switch roles––from beneficiary to trustee (the one responsible for the accounting), and for them to switch their role––from trustee to beneficiary because no party can be both, at the same time, i.e.: within the same constructive trust. They must somehow trick us into accepting the role of trustee. Why would we do so when the trust is for our benefit? …. and how do they manage to do this?
Tuesday, April 1, 2014
What About Amending UCC Article 2?
What? Amend UCC Article 2? You might think I am joking, as it is April Fool's Day. But, indeed, I am not. We've successfully amended UCC Article 9 a number of times in recent time. Why not UCC Article 2? Yes, the last attempt at this feat lasted a long time and ultimately failed. There are many reasons why the Article 2 Amendments failed, though. See Symposium on Revised Article 1 and Proposed Revised Article 2, 54 Southern Methodist Law Review 469 (2001). The fact remains that Article 2 is still cumbersome, disorganized and plain out difficult to follow. Might a smaller revision of the type used with Article 9 have success in an Article 2 revision?
As Professor Neil Cohen, Brooklyn Law, commented at the International Conference on Contracts KCON9, a code should be written in a comprehensive, systematic, and preemptive manner. Professor Cohen observed that Professor Linda Rusch's work on revising the remedies portion of Article 2 accomplished the goals of a good code and had much to commend them. Professor Larry Garvin (Ohio State) concurred with much of what was said, particularly with the clarity, simplicity and power of the language of the draft remedies provisions. Here's the video from the Plenary Session at KCON9.
So, despite this being April 1, perhaps sometime in the future when we all are sufficiently recovered from the trauma of having a failed Article 2 revision in the first place, we might consider moving toward a modest revision centered on some of the work that held a greater consensus. Remedies anyone?
- JSM
As Professor Neil Cohen, Brooklyn Law, commented at the International Conference on Contracts KCON9, a code should be written in a comprehensive, systematic, and preemptive manner. Professor Cohen observed that Professor Linda Rusch's work on revising the remedies portion of Article 2 accomplished the goals of a good code and had much to commend them. Professor Larry Garvin (Ohio State) concurred with much of what was said, particularly with the clarity, simplicity and power of the language of the draft remedies provisions. Here's the video from the Plenary Session at KCON9.
So, despite this being April 1, perhaps sometime in the future when we all are sufficiently recovered from the trauma of having a failed Article 2 revision in the first place, we might consider moving toward a modest revision centered on some of the work that held a greater consensus. Remedies anyone?
- JSM
Understanding the Flag
The Law of the Flag: an International Law, which is recognized by every nation of the planet, is defined
as …a rule to the effect that a vessel is a part of the territory of the nation whose flag, she flies. The term
is used to designate the right under which a ship owner, who sends his vessel into a foreign port, gives
notice by his flag to all who enter into contracts with the ship master that he intends the Law of that Flag
to regulate those contracts, and that they must either submit to its operation or not contract with him or his
agent at all." (Ruhstrat v. People, 57 NE 41).
Registration: When you "register" yourself, you "record formally and exactly... in a list or the like," with
a Registrar. A "registrar" is "an officer who has the custody and charge of keeping of a registry or
register." What really is a "registry?" "Generally, a 'registry' applies to vessels in foreign commerce......”
When we register ourselves, we have recreated ourselves as vessels in foreign commerce.
Flag: Everything moving in commerce is a vessel: space ships, satellites, sea-going ships, planes, busses,
automobiles, the mails, persons and believe it or not - contracts. Just as a ship must fly a flag to designate
its nationality/laws of contract, your paperwork needs to display a flag in order to establish who you are
and what law you will use to contract.
Stamp: All vessels charge a freight fee to deliver their cargo. Likewise we must pay a freight fee as the
authority to deliver our cargo, i.e.: the paperwork we send needs to have a stamp on it. The paper is the
vessel, the words are the cargo, the flag designates the law and the stamp shows that we have paid the fee
to deliver our cargo. Place the colored flag in the upper left hand corner as you are looking at the page
(the Bonnie Blue is what I use) and place a dollar stamp in the upper right hand corner. Write your
autograph over the stamp to cancel it thus making you the postmaster. Whatever flag you choose to use,
remember not to use a gold-fringed flag as that is under their jurisdiction and not your common law
jurisdiction.
Registered: Use registered mail to identify your vessel. This places your document/vessel into
international law and gives it recognition in international commerce. This is another assertion that you are
in fact foreign to the jurisdiction they are trying to place you under. This number now becomes the case
number for any and all paperwork related to the first document sent.
Jolly Roger: If you come upon a flag that is not recognized in international law, it is a pirate flag.
Anything attached to a Title 4 USC 1, 2 Flag (i.e.: gold fringe) mutilates the Flag and under Title 4 USC 3
carries a one-year prison term. The gold fringe is an added color and represents "color of law" when
placed upon the Title 4 USC Flag. The fringe is a mutilation; it suspends the Constitution and establishes
"color of law." The gold-fringed flag that utilizes color of law and portends to be the American flag is
NOT the American flag of peace. It is a pirate flag and it is your warning as to whom/what you are about
to do business with. Army Regulation 260-10 states that the gold fringe may be used only on regimental
"colors," the President's flag, for a military courts martial and for the flags used at military recruiting
centers.
Courts: The flag in court is the court's advertisement of the laws governing their contracts. If you do not
wish to contract with these courts, then jurisdiction must be challenged. In order to correctly challenge
jurisdiction you must remember [Girty vs. Logan, 6 Bush KY 8] which states: "It is an elementary rule of
pleading, that a plea to the jurisdiction is a tacit admission that the court has a right to judge in the case
and is a waiver to all exception to the jurisdiction." Which means that if you plea - you have waived your
rights to challenge jurisdiction. And when the judge attempts to enter a plea for you and says that the state
statutes allow him to do so, tell him NO, that he cannot practice law from the bench and that he is not
your attorney and you do not give him permission to act on your behalf! Read the "Courts By Contract"
section in this manual for further information.
SLAVERY ON THE NEW PLANTATION
"Slavery 400 years ago, slavery today. It's the same, but with a new name. They're practicing slavery under color of law." (Ruchell Cinque Magee)
The 13th Amendment to the U.S. Constitution retained the right to enslave within the confines of prison. "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction." Dec. 6, 1865.
Even before the abolition of chattel slavery, America's history of prison labor had already begun in New York's State Prison at Auburn soon after it opened in 1817. Auburn became the first prison that contracted with a private business to operate a factory within its walls. Later, in the post Civil War period, the "contract and lease" system proliferated, allowing private companies to employ prisoners and sell their products for profit.
Today, such prisons are referred to as "Factories with Fences."
The Convict-Lease System
In Southern states, Slave Codes were rewritten as Black Codes, a series of laws criminalizing the law-abiding activities of Black people, such as standing around, "loitering," or walking at night, "breaking curfew." The enforcement of these Codes dramatically increased the number of Blacks in Southern prisons. In 1878, Georgia leased out 1,239 convicts, 1,124 of whom were Black.
The lease system provided slave labor for plantation owners or private industries as well as revenue for the state, since incarcerated workers were entirely in the custody of the contractors who paid a set annual fee to the state (about $25,000). Entire prisons were leased out to private contractors who literally worked hundreds of prisoners to death. Prisons became the new plantations; Angola State Prison in Louisiana was a literal plantation, and still is except the slaves are now called convicts and the prison is known as "The Farm." (A documentary of that title is available on DVD.)
The inherent brutality and cruelty of the lease system and the loss of outside jobs sparked resistance that eventually brought about its demise.
One of the most famous battles was the Coal Creek Rebellion of 1891. When the Tennessee coal, Iron and Railroad locked out their workers and replaced them with convicts, the miners stormed the prison and freed 400 captives; and when the company continued to contract prisoners, the miners burned the prison down. The Tennessee leasing system was disbanded shortly thereafter. But it remained in many states until the rise of resistance in the 1930s.
Strikes by prisoners and union workers together were organized by then radical CIO and other labor unions. They pressured Congress to pass the 1935 Ashurst-Sumners Act making it illegal to transport prison-made goods across state lines. But under President Jimmy Carter, Congress granted exemptions to the Act by passing the Justice System Improvement Act of 1979, which produced the Prison Industries Enhancement program, or PIE, that eventually spread to all 50 states. This lifted the ban on interstate transportation and sale of prison-made products, permitting a for-profit relationship between prisons and the private sector, and prompting a dramatic increase in prison labor which continues to escalate.
As the leasing system phased out, a new, even more brutal exploitation emerged -- the chain gang. An extremely dehumanizing cruelty that chained men, and later women, together in groups of five, it was originated to build extensive roads and highways. The first state to institute chain gangs was Alabama, followed by Arizona, Florida, Iowa, Indiana, Illinois, Wisconsin, Montana, and Oklahoma.
Arizona's first female chain gang was instituted in 1996. Complete with striped uniforms, the women of a Phoenix jail (to this day) spend four to six hours a day chained together in groups of 30, clearing roadsides of weeds and burying the indigent.
Georgia's chain-gang conditions were particularly brutal. Men were put out to work swinging 12 lb. sledge hammers for 16 hours a day, malnourished and shackled together, unable to move their legs a full stride. Wounds from metal shackles often became infected, leading to illness and death. Prisoners who could not keep up with the grueling pace were whipped or shut in a sweatbox or tied to a hitching post, a stationary metal rail. Chained to the post with hands raised high over his head, the prisoner remained tethered in that position in the Alabama heat for many hours without water or bathroom breaks. (Human Rights Watch World Report 1998).
Thanks to a lawsuit settled by the Southern Poverty Law Center, Alabama's Department of Corrections agreed in 1996 to stop chaining prisoners together. A few years later, the Center won a Court ruling that ended use of the hitching post as a violation of the 8th Amendment's ban on "cruel and unusual punishment."
In response to the demands of World War II, the number of both free and captive road workers declined significantly. In 1941, there were 1,750 prisoners slaving in 28 active road camps for all types of construction and maintenance. The numbers bottomed out by war's end at 540 captives in 17 camps.
The Proliferation of Prisons, Jails, and Camps
In the 1940s, California Governor Earl Warren conducted secret investigations into the State's only prisons, San Quentin and Folsom. The depravity, squalor, sadism, and torture he found led the governor to initiate the building of Soledad Prison in 1951.
Prisoners were put to work in educational and vocational programs that taught basic courses in English and math, and provided training in trades ranging from gardening to meat cutting. At wages of 7 to 25 cents an hour, California prisoners used their acquired skills to turn out institutional clothing and furniture, license plates and stickers, seed new crops, slaughter pigs, produce and sell dairy products to a nearby mental institution.
Within a decade this "model prison" at Soledad had become another torture chamber of filthy dungeons, literal "holes," virulently racist guards, officially sanctioned brutality, torture, and murder. Though prison jobs were supposed to be voluntary, if prisoners refuse to work they were often given longer sentences, denied privileges, or thrown into solitary confinement. Forced to work long hours under miserable conditions, in the 1960s, "Soledad Brother," George Jackson, organized a work strike that turned into a riot after white strikebreakers tried to lynch one of the Black strikers.
The Black Movement's resistance, led by George Jackson, W. L. Nolen, and Hugo "Yogi" Pinell, eventually brought Congressional oversight and overhaul of California' prison system. (The Melancholy History of Soledad Prison, by Minh S. Yee.).
California's prison system rose exponentially to approximately 174,000 prisoners crammed into 90 penitentiaries, prisons and camps stretched across 900 miles of the fifth-largest economy in the world, as Ruth Gilmore's book, "Golden Gulag" reports. That number can be doubled or tripled by those on other forms of penal control, probation, parole, or house arrest.
Since 1984, the California has erected 43 prisons (and only one university) making it a global leader in prison construction. Most of the new prisons have been built in rural areas far from family and friends, and most captives are Black or Brown men, although the incarceration of women has skyrocketed. Suicide and recidivism rates approach twice the national average, and the State spends more on prisons than on higher education. (The seeming contradiction between the official figure of 33 prisons relates to the additional buildings constructed at a given prison complex, and the various camps and county jails.)
Between 1998 and 2009, the CDCR's budget grew from $3.5 billion to $10.3 billion (the latest figures available). At its peak in August 2007, the department had 72 gyms and 125 dayrooms jammed with 19,618 inmate beds.
"They provided an accurate and extremely graphic example of the crowding and inhumanity that engulfed the entire system," said Don Specter, director of the nonprofit Prison Law Office in Berkeley, which sued to force the state to ease crowding as a way to improve the treatment of sick and mentally ill inmates.
The Privatizing of Federal and State Prisons
Under court order to reduce overcrowding, by 2009, the CDCR had transferred 8,000 prisoners to private prisons in four states - Tennessee, Mississippi, Oklahoma, and Arizona, among the most virulently racist states in the country. The rest of the prisoners were transferred to county jails. Currently, the inmate population is about 142,000 and must remove another 17,000 prisoners to reach the June 2013 court deadline.
In 1985, U.S. Supreme Court Justice Warren Burger lauded China's prison labor program: "1,000 inmates in one prison I visited comprised a complete factory unit producing hosiery and what we would call casual or sport shoes... Indeed it had been a factory and was taken over to make a prison." Burger called for the conversion of prisons into factories, the repeal of laws limiting prison industry production and sales, and the active participation of business and organized labor.
Heeding the judge's call, California voters passed Prop 139 in 1990, establishing the Joint Venture Program allowing California businesses to cash in on prison labor. "This is the new jobs program for California, so we can compete on a Third World basis with countries like Bangladesh," observed Richard Holober with the Consumer Federation of California.
Currently, California's Prison Industrial Authority (CALPIA) employs, 7000 captives assigned to 5039 positions in manufacturing, agricultural service enterprises, and selling and administration at 22 prisons throughout the state. It produces goods and services such as office furniture, clothing, food products, shoes, printing services, signs, binders, gloves, license plates, cell equipment, and much more. Wages are $.30 to $.95 per hour before deductions.
For the State's highest wage, $1 hour, prisoners provide the "backbone of the state's wild land fire fighting crews," according to an unpublished CDC report. The State Department of Forestry saves more than $80 million annually using prison labor. California's Department of Forestry has 200 Fire Crews comprised of CDC and CYA (California Youth Authority) minimum-security captives housed in 46 Conservation Camps throughout the state. These prisoners average 10 million work hours per year according to the CDCR.
"Their primary function is to construct fire lines by hand in areas where heavy machinery cannot be used because of steep topography, rocky terrain, or areas that may be considered environmentally sensitive." (I.e., the most dangerous fire lines).
Now at least 37 states have similar programs wherein prisoners manufacture everything from blue jeans to auto parts, electronics and toys. Clothing made in Oregon and California is exported to other countries, competing successfully with apparel made in Asia and Latin America.
One of the newest forms of slave labor is the U.S. Army's "Civilian Inmate Labor Program" to "benefit both the Army and corrections systems" by providing "a convenient source of labor at no direct cost to Army installations," additional space to alleviate prison overcrowding, and cost-effective use of land and facilities otherwise not being utilized.
"With a few exceptions," this program is currently limited to prisoners under the Federal Bureau of Prisons (FBOP) that allows the Attorney General to provide the services of federal prisoners to other federal agencies, defining the types of services they can perform. The Program stipulates that the "Army is not interested in, nor can afford, any relationship with a corrections facility if that relationship stipulates payment for civilian inmate labor. Installation civilian inmate labor program operating costs must not exceed the cost avoidance generated from using inmate labor." In other words the prison labor must be free of charge.
The three "exceptions" to exclusive Federal contracting are as follows: (1) "a demonstration project" providing "prerelease employment training to nonviolent offenders in a State correctional facility" [CF]. (2) Army National Guard units "may use inmates from an off-post State and/or local CF." (3) Civil Works projects. Services provided might include constructing or repairing roads, maintaining or reforesting public land; building levees, landscaping, painting, carpentry, trash pickup, etc.
This Civilian Inmate Labor Program document includes in its countless specifications such caveats as "Inmates must not be referred to as employees." A prisoner would not qualify if he/she is a "person in whom there is a significant public interest," who has been a "significant management problem," "a principal organized crime figure," any "inmate convicted of a violent crime," a sex offense, involvement with drugs within the last three years, an escape risk, "a threat to the general public." Makes one wonder why such a prisoner isn't just released or paroled. In fact, the "hiring qualifications" -- makes me suspect the "Civilian Inmate Labor Program" is a backdoor draft, especially in lieu of a military already stretched to its limit.
Note: When I tried to find an updated web page on the Civilian Inmate Labor Program, there was none. The date remains 2005 for its latest report. Could the latest data be classified?
The Federal Prison Industries (FPI), a nonprofit Justice Department subsidiary, that does business as UNICOR, was created in 1935, and began supplying the Pentagon on a broad scale in the 1980s.
The prison privatization boom began in the 1980s, under the governments of Ronald Reagan and George Bush Sr., but reached its height in 1990 under Bill Clinton when the Wall Street stocks were selling like hotcakes. In fact, President Clinton accomplished a record $10 billion prison building boom in the 1990s.
His program for cutting the federal workforce resulted in the Justice Department's contracting of private prison corporations for the incarceration of undocumented workers and high-security inmates. (Global Research, 2008)
By 2003, there were 100 FPI factories working 20,274 prisoners with sales totaling $666.8 million. And currently FPI employs about 19,000 captives, slightly less than 20 percent of the federal prison population, in 106 prison factories around the country. Profits totaled at least $40 million!
In 2005, FPI sold more than $750,000,000 worth of goods to the federal government. Sales to the Army alone put UNICOR on the Army's list of top 50 suppliers, ahead of well-known corporations like Dell Computer, according to Wayne Woolley, Newhouse News Service.
In 2011, the Justice Policy Institute (JPI) released a report that exposes how private prison companies are "working to make money through harsh policies and longer sentences." The report notes that while the total number of prisoners increased less than 16 percent, the number of people held in private federal and state facilities increased by 120 and 33 percent, respectively.
Government spending on so-called corrections rose to $74 billion in 2007. And last year (2011) the two largest private prison companies - Corrections Corporation of America (CCA) and GEO Group - made over $2.9 billion in profits. These corporations use three strategies to influence public policy: lobbying, direct campaign contributions and networking. They succeeded in getting Arizona's harsh new immigration laws passed, and came close to winning the privatization of all of Florida's prisons.
Video from International Conference on Contracts KCON9 Available
I am pleased to report that all of the video from KCON9 held at St. Thomas University School of Law February 2014 is now available at youtube (Click here to access the Channel). Some of the highlights of the program included:
- The Works of Linda J. Rusch
- Contracts and Commercial Dealings
- Contracts and Technology
- Wrap Contracts by Nancy Kim
- Contract Law and Social Justice: An Oxymoron?
- Behavior, Bargaining, Incentives and Contract
- Contract and Its Relationship to Other Doctrines
- International Issues in Contracting
March 2014 Ponzi Scheme Roundup
Posted by Kathy Bazoian Phelps
Below is a summary of the activity reported for March 2014. The reported stories reflect: 18 guilty pleas or convictions in pending cases; about 60 years of newly imposed sentences for Ponzi schemers; 9 newly discovered schemes involving over 1,000 victims and over $207 million; and an average age of 53.3 for the alleged Ponzi schemers in the stories reported. Please feel free to post comments about these or other Ponzi schemes that I may have missed. And please remember that I am just relaying what’s in the news, not writing or verifying it.
Russell Adler, 52, a former law partner in Scott Rothstein’s firm, Rothstein Rosenfeldt Adler, was charged with conspiring to violate federal campaign contribution laws. Adler allegedly helped orchestrate contributions from the firm’s employees and attorneys to John McCain’s 2008 presidential campaign and Charlie Crist’s run for the U.S. Senate, which contributions were then reimbursed by the law firm. Adler is expected to plead guilty next month.
Robert R. Anderson and his company Rosand Enterprises were relieved of monetary liability when the SEC dismissed its request for monetary relief because Anderson was sentenced to 68 months in prison in a related criminal action and because Rosand Enterprises is a defunct corporate entity. The SEC had filed an action against the defendants alleging that they had operated a Ponzi scheme, defrauding at least 77 investors out of approximately $12 million. SEC v. Robert R. Anderson & Rosand Enters., 2014 U.S. Dist. LEXIS 38545.
Hugh Arias, 44, pleaded guilty to charges relating to his role in the $400 million Ponzi scheme run by Nicholas Cosmo through Agape World. Arias received more than $9 million in commissions for pitching investments in the Ponzi scheme. The scheme defrauded more than 4,100 victims who lost a total of about $179 million. Sales agents for Agape World had promised investors returns of 12% to 14% and misrepresented that only 1% of their principal was at risk. Cosmo is currently serving a 25 year sentence in connection with the scheme and 8 others have been charged.
George Atwater was disbarred for violating numerous rules of professional conduct in connection with his $65 million Ponzi scheme for which he was sentenced to one year in prison. Atwater had been a lawyer in Washington since 1988, and his license was suspended in 2012, after he had pleaded guilty to charges relating to the scheme. Atwater was working for Robert Miracle, who was sentenced to 13 years for running the Ponzi scheme that supposedly involved oil developments in Malaysia and Indonesia.
Aldo Baccala, 73, pleaded guilty to charges relating to his role in a $20 million Ponzi scheme that defrauded 55 victims. The plea deal was proposed by the state court judge and was opposed by prosecutors. The court offered to limit Baccala’s sentence to no more than 20 years, but prosecutors wanted 64 to 84 years. Baccala operated Baccala Realty Inc. and sought money from investors for business ventures that included assisted living facilities and a car wash. He promised investors annual returns greater than 12% and as much as 27.5%.
Bryant E. “Bry” Behrmann, 67, is due for release after serving more than 4 years of his 6 year sentence for running a $45 million Ponzi scheme. Behrmann and his partner, Larry “Buck” Hunter, defrauded 9,400 people who invested $45.7 million in a get-rich-quick scheme that involved selling inventory overstock through their company, Global Online Direct. The scheme promised returns of 65% and up to 35% bonuses to new investors.
Annette Bongiorno, 66, Joann Crupi, 53, Daniel Bonventre, 66, George Perez, 48, and Jerome O’Hara, 51, were convicted on all counts against them for their respective roles in the Bernard Madoff Ponzi scheme. They were collectively convicted of 31 counts for conspiring to create and use millions of fake account statements and false trade confirmations to deceive investors. Bongiorno had testified in her own defense at her criminal trial, explaining that she didn’t realize she was doing anything wrong when she had backdated trades that didn’t really exist for 40 years. She said, “Everything was backdated. It didn’t raise a red flag.” Backdating trades was like “brushing my teeth.” The five Madoff former employees now face forfeiture of their assets.
John Bravata and Richard Trabulsy were ordered to pay more than $8 million for their role in the $50 million Ponzi scheme run through Bravata Financial Group and BBC Equities. A district court awarded judgment against the defendants in the lawsuit brought by the SEC. The scheme defrauded about 440 investors through the unauthorized sale of securities.
Patrick Cole and his company Global Strategic Marketing had a judgment entered against them by the CFTC, issuing a permanent injunction and a disgorgement order of over $1.1 million. The judgment relates to a $23 million Ponzi scheme run through Complete Developments, LLC as a foreign exchange investment program. Global was partners with Complete Developments and failed to verify data provided by Complete Developments in addition to making false statements and claims about low risk of loss.
Stephen Richard Colson, 48, pleaded guilty to charges relating to a mortgage Ponzi scheme that he ran through his companies, Prestige Title Inc. and Advanced Title and Escrow. Colson’s business depended upon funds generated in new real estate closings to pay off earlier closings.
Jenny Coplan, 54, was hit with a default judgment against her for more than $936,000 in connection with an SEC action against her for her alleged violations of federal securities laws. The SEC alleged that Coplan defrauded about 90 individuals to invest in her business involving immigration bail bonds – bonds that a person must pay before being released from immigration detention. Coplan operated the business through Immigration General Services LLC and promised high rates of return. Coplan raised about $4 million from investors, returned about $3.1 million in Ponzi-like payments, and misappropriated about $878,000.
Shawn Kristi Dicken, 40, was found guilty on charges relating to her role in a Ponzi scheme run through Diversified Group Advisory Fund LLC. It is alleged that Dicken funneled $2 million of investors’ money into the Ponzi scheme operated by Joel Wilson. Dicken was a lead sales person at Diversified and had promised investors that their investments were without risk, completely liquid and had a guaranteed rate of return of between 9.5% and 10.44%.
Robert Eberle, 75, and his wife, Barbara Eberle, 66, were each sentenced to 5 years in prison and ordered to pay $13.2 million in restitution in connection with a Ponzi scheme that they ran through Secure Investment Services. They promised investors returns from the profits of life insurance policies on other people’s lives.
Archie Evans sought an indefinite delay to his sentencing, arguing that he has been “mentally incapacitated” due to an illness that has prevented him from responding to a pre-sentence report in his criminal case. Evans pleaded guilty in January 2013 to charges relating to a Ponzi scheme run through Gold & Silver LLC that defrauded members of the Baptist church in which he was a preacher. Evans promised investors 10% to 12% interest but either spent their money or lost it on bad investments.
Fleet Mutual Wealth Limited, MWF Financial Limited and Mutual Wealth were accused by the SEC of operating securities fraud and of using Facebook and Twitter to promote fraudulent investments. The scheme promised investors returns of between 2% and 3% per week and also encouraged investors to become “accredited advisors” who would earn a commission for bringing in new investors. It is alleged that about 150 investors opened accounts with Mutual Wealth and invested about $300,000.
Michael Brendan Ferguson, 44, was charged not only with securities and grand theft charges relating to an alleged ATM Ponzi scheme, but was also charged with burglary. Ferguson promised up to 15% returns from transaction fees from private ATMs and allegedly defrauded at least 100 investors out of more than $10 million.
Anthony Robert Fregenti, Jr., 42, was sentenced to 5 years in connection with charges that he operated a Ponzi scheme through Dark Hawk Enterprises LLC involving motorcycles and exotic sports cars. He pleaded guilty last year and had offered to pay $1 million to stay out of prison. His offer was rejected, but he was given credit for 121 days he had already served in jail.
Michael B. Gale, 66, was sentenced to 2 years in prison and ordered to pay over $425,000 in restitution following his guilty plea to charges that he ran a commodity futures Ponzi scheme through his company, Capital Management Group. Gale defrauded 9 people out of about $893,000.
John Hagener, 77, and Dawn C. Powers, 43, pleaded guilty to charges relating to a $7 million Ponzi scheme that defrauded more than 100 people. The scheme related to the sale of shares in an investment program called Naras Funds. The scheme was run with Lawrence Lee Loomis aka Lawrence Leland Loomis through Loomis Wealth Solutions in which investors were promised 12% returns.
Mitchell Brian Huffman was ordered to pay a $2 million civil penalty relating to his operation of a $30 million Ponzi scheme that defrauded about 30 investors. Huffman pleaded guilty in 2011 and was sentenced to 5 years in prison in connection with his scheme that involved exchange-traded commodity futures contracts. Huffman had promised investors annual returns of between 100% and 150%.
Jeffrey Kelly, 45, was sentenced to 5 years in prison and ordered to pay $1.1 million in restitution in connection with a $1.5 million Ponzi scheme. Kelly told clients that he would invest their money in various financial products such as annuities, stocks and real estate investment trusts, but spent the money on personal expenses instead.
Robert S. Leben and Amy L. Leben were accused of running a $3 million Ponzi scheme through their company, Structured Financial Group, LLC, in violation of CFTC regulations. In a CFTC enforcement action, they were accused of promising investors quarterly returns of 3.5% and directing investors to paying their money to an attorney serving as agent for the company in a foreign exchange scheme.
Wing K. Lim aka Kent Lam, 41, pleaded not guilty to charges accusing him of defrauding 5 victims out of $4.3 million in an alleged Ponzi scheme that he ran through his company, Wall Street Investments LP. Lim told his clients that he would invest their money in high-yield hedge funds, such as his DT China Growth Funds, LP and Daytop Funds, LP, but instead he allegedly spent the money on personal items and transferred some of the money into accounts belonging to him and his relatives. Lim is an illegal alien from China.
Geoffrey Lunn, 58, has admitted he was guilty of running a Ponzi scheme. Lunn claimed he was the vice president of Dresdner Financial, which doesn’t really exist, and said that his operation was named “Operation 44 Magnum.” Lunn told FBI agents that it was called that because, “When people found out that they’d been ripped off they would buy a .44 Magnum and shoot themselves in the head.” Lunn had misrepresented that he worked with stocks and bonds and resold high end items such as Picasso paintings and jewelry.
Eddie Marin, 52, was sentenced to 10 months in prison after pleading guilty to charges that he helped the wife of Scott Rothstein, Kim Rothstein, conceal jewelry from investigators. Marin also admitted committing perjury in the bankruptcy proceedings relating to Rothstein’s law firm, Rothstein Rosenfeldt Adler. Kim Rothstein is serving 18 months in prison for concealing jewelry.
Brian William McKye, 50, was sentenced to 17 years in prison and ordered to pay more than $4.5 million in restitution for his role in a $4.5 million Ponzi scheme that defrauded 83 victims. The scheme was run through Global West Funding Ltd., Global West Financial LLC, Global West Financial LLC, Sure Lock Financial LLC, Sure Lock Loans LLC, and The Wave-Goldmade Ltd., and involved fraudulent notes in real estate in which investors supposedly had “100 percent total control” of their money. The scheme promised investors a monthly return from 6.5% to 20% for 6 to 60 months.
Al Moriarty, 80, was assigned in a new lawyer to handle his criminal trial in connection with his alleged role in a $22 million Ponzi scheme. Moriarty’s prior lawyer, Scott Whitenack, had to bow out of the case because of charges of his own involving moral turpitude. Moriarty and Whitenack had met when both men were in county jail.
Mt. Gox, the formerly largest Bitcoin exchange in the world, filed for bankruptcy protection in Japan. The company cited liabilities of $64 million and assets of $38 million. Mt. Gox CEO Mark Karpeles suggested that the company had lost about $500 million of Bitcoin through a major breach of system by a hacker. Over 850,000 Bitcoin were lost, which was about 7% of the total outstanding number of Bitcoin worldwide. Mt. Gox soon after filed a petition in Dallas Texas seeking protection under Chapter 15 of the United States Bankruptcy Code. Some have alleged that the Bitcoin business is a Ponzi scheme.
Jane O’Brien, 61, who is serving a 33-month sentence for securities fraud, has been indicted in connection with an alleged 18 year Ponzi scheme. O’Brien is a former Merrill Lynch broker and is accused of convincing clients to take money from their bank and brokerage accounts and giving the money to her for private placement investments. O’Brien promised at least one client a 25% return but instead used the money for her personal expenses and to make payments to other clients.
Samuel Ray Palasota, 53, was sentenced to almost 6 years in prison in connection with a $1 million Ponzi scheme. Palasota was convicted in the real estate fraud that Palasota called “The Maker’s Resources.”
Elaina Patterson, 54, pleaded guilty and was sentenced to 3 to 5 years in prison plus 10 years probation in connection with a $6 million Ponzi scheme that defrauded 31 investors. Patterson formerly worked as a banker at Bank of America and would promise her friends and family investment programs generating 10% to 15% returns that were normally reserved for corporate and high-level clients. Patterson paid back about $4 million but used some of the rest of the money that she stole from victims on travel expenses and expensive cars.
Ronald Russell, of California, was convicted of running a real estate Ponzi scheme in which he charged investors $2,900 to participate. Russell told investors he would use the money to buy homes, rent them to investors, and then sell them at the same price he had bought them for. Russell defrauded 51 victims who lost about $139,000 in the scheme.
Feisal Shariff, 43, was sentenced to 8 years and 4 months and ordered to pay more than $3.6 million in restitution in connection with a Ponzi scheme that defrauded more than 70 investors of about $3.6 million. Sharif had pleaded guilty to charges relating to his Ponzi scheme run through First Financial, LLC as a commodities trading program.
Joel Steinger pleaded guilty to his role in the $1.25 billion Ponzi scheme of Mutual Benefits Corp. which marketed viatical and life insurance settlements. Steinger was the last of 13 defendants to be convicted on charges in connection with the scheme that defrauded about 30,000 victims.
Garfield M. Taylor, 55, of Maryland, pleaded guilty to charges relating to a $25 million Ponzi scheme in which Taylor misrepresented that he used a sophisticated securities trading strategy that protected against loss. Taylor misrepresented to investors how their money was being used. His companies, Garfield Taylor Incorporated and Gibraltar Asset Management Group, did not have licenses to trade securities. The SEC also obtained a civil judgment against Taylor.
Tri-Med Corporation, Tri-Med Associates, Inc., Jeremy Anderson, Anthony N. Nicholas, III, Eric Ager, Irwin Ager, and Teresa Simmons Bordinat were the subject of an asset freeze and had a receiver appointed over them. Tri-Med promised investors above-market interest rates in an alleged medical accounts receivable scam in which Tri-Med assured investors that their funds would be held in trust in a law firm escrow account. About $13 million was raised from at least 232 investors.
Jason K. Vaughn, an associate of accused Ponzi schemer Rick Koerber, went on trial for his role in the $100 million real estate scheme. Vaughn is accused of defrauding certain investors who put $2.85 million in Vaughn’s company, Freestyle Holdings, which was then lost in the scheme. The trial of Koerber is scheduled to begin in June.
Deepal Wannakuwatte, 63, of California, was indicted on charges that he allegedly ran a $100 million Ponzi scheme through his companies, International Manufacturing Group, Inc. and Rely Aid Global Healthcare Inc.
WCM777, WCM777 Inc., WCM777 Ltd., World Capital Markets, and Ming Xu aka Phil Ming Xu were accused by the SEC of running a Ponzi scheme that defrauded victims of $65 million. The defendants are accused of selling “packages” or “membership units” in WCM777, which they claimed to be a profitable multi-level marketing program that sells packages of cloud media or cloud services. The scheme promised 100% returns in 100 days. Investors’ money was used, among other things, to purchase properties that are held in the names of World Capital Market Inc., Manna Holdings Group LLC and Kingdome Capital Market LLC, which are affiliated with Xu. Funds were also sent to PMX Jewels, Limited, a rough diamond jewel merchant in Hong Kong, to Aeon Operating Inc., and to Manna Source International, Inc.
INTERNATIONAL PONZI SCHEME NEWS
Australia
Centaur Litigation is believed to be a Ponzi scheme and moved from Hong Kong to Sydney. Centaur claimed to have raised more than $160 million from investors and promised large returns. Centaur is purportedly funding a class action over an outbreak of equine flu in 2007. Centaur’s manager, Buttonwood Legal Capital, is seeking assurances from Centaur that it can meet its obligations.
Ponzi schemer Earl Jones was released from prison after serving one-third of his 11 year prison sentence. Jones had pleaded guilty to running a scheme that targeted more than 150 victims.
Philip Linacre, 61, pleaded guilty to charges that he ran a $12 million Ponzi scheme that was supposedly a high-return investment program that defrauded his clients. About $1.8 million of the money was paid back as interest to the victims. He was then struck off the Roll of Legal Practitioners.
Canada
Pamela Vanberg, 33, and two of her companies, Calgary Motorhome Inc. and Canada Motorhome Inc., have been charged in connection with an alleged motorhome time share Ponzi scheme. The scheme defrauded at least 7 people of over $100,000. Vanberg supposedly rented RVs, offered parking stalls to RV owners for a fee of at least $5,000, and gave consumers the option of buying into a resale program for a fixed dollar amount of $10,000.
Kevin Warren Zietsoff, 41, was sentenced to 4½ years in prison and ordered to pay $11 million in restitution in connection with his $15 million Ponzi scheme that defrauded more than 80 victims.
In the case of Roszko v. The Queen, the Tax court of Canada allowed a taxpayer’s appeal and held that amounts paid out in a Ponzi scheme were not taxable as interest income. In Roszko, the taxpayer was an investor in the commodities trading company, TransCap Corporation, which promised investors returns of 18% to 22% annually. TransCap was found to be a fraudulent scheme. The taxpayer had invested $800,000 and had been repaid a total of $408,000. The court found that the payments were a return of principal but noted that excess returns might be considered income.
Roger Schoer was accused at trial of running a Ponzi scheme. Schoer plead not guilty to allegations that he ran a fraudulent scheme. Schoer had advised investors that he was launching a Prince Edward Island tech company.
England
Matthew Ames, 38, was sentenced to 40 months in prison after having been found guilty on counts relating to a £1.6 million Ponzi scheme operated through his two companies, Forestry for Life and The Investors’ Club. Ames promised investors returns of 15% from investments in teak tree plantations that supposedly generated carbon credits which could then be traded for profit.
Bordeaux Fine Wines Ltd. was put into liquidation amid allegations that it was a Ponzi scheme. Investors put as much as £12 million into a wine funds to buy cases of vintage wine, but it appears that the investors’ funds were not spent to purchase the wine but went to pay salespeople instead. The company was formed by Kenneth Gundlach who promised investors large returns based on “carefully selected portfolios of vintage wine.” It is believed that about 444 investors lost money in the scheme.
India
Giel Mans, 36, was released on bail after having been arrested in December 2011. Mans is accused of running a R10m Ponzi scheme and has previously been denied bail on two occasions as he was deemed a flight risk. Mans faked his own kidnapping to get out of reimbursing investors.
Nirmal Singh Bhangoo, 60, is being investigated in connection with an alleged Ponzi scheme that defrauded 900,000 investors relating to the sale and development of agricultural land. The scheme involved about $8 billion.
NEWSWORTHY LEGAL ISSUES IN PENDING PONZI SCHEME CASES
Relatives of convicted Ponzi schemer Gershon Barkany were sued by investors in Barkany’s $62 million Ponzi scheme for fraudulent transfer, unjust enrichment and conversion. The plaintiffs are Barkany Asset Recovery and Cortland Realty Investments, and they sued Barkany’s in-laws, Joseph and Deborah Rosenberg, and his uncle and wife, Jonathan and Gila Zelinger. The lawsuit alleges that the plaintiffs wired in millions of dollars to Barkany’s lawyer’s trust account and that some of the money was thereafter wired to the defendants.
Four republican politicians from Texas have filed a lawsuit against Archer Bonnema for their losses of $2.5 million in an alleged Ponzi scheme run by Bonnema in which he was to be investing in utilities trading through Pirin Electric, a company traded on the energy market. Bonnema had once claimed to have found Noah’s Ark, and he targeted Christian conservatives in his scheme.
Skadden Arps agreed to pay $4.25 million to settle claims of defrauded victims in the Ponzi scheme of Alphonse “Buddy” Fletcher. Skadden had represented Fletcher Asset Management, and investors alleged that Skadden had failed to adequately protect their interests.
Players in the Full Tilt Poker Ponzi scheme are scheduled to get a distribution. An estimated $76 million is to be paid out to an estimated 30,000 American online poker players whose funds have been held in their frozen Full Tilt Poker accounts for about 3 years.
Victims of the Queen City Investment Fund Ponzi scheme run by Glen Galemmo are suing a Galemmo client, Michael Willner, in a class action alleging that he received millions of dollars from the scheme. The lawsuit is for recovery of fraudulent transfers allegedly made to a net winner in the scheme. Galemmo pleaded guilty to what is alleged to be a $100 million Ponzi scheme.
The trustee in the Bernard Madoff case argued his appeal before the Second Circuit on the issue of whether section 546(e) of the bankruptcy code should bar some of his claims to avoid and recover fraudulent transfer claims.
A court approved the settlement between JPMorgan and a class of victims of Bernard Madoff, which provides for payment of $218 million to the victims. The court also approved $18 million of fees to the lawyers who represented the customers.
The Madoff trustee filed his proposed fourth distribution announcing a distribution of about $349 million to pay customer claims. This distribution will bring the total amount of funds distributed to customers to about $6 billion. Those claimants who also received a SIPC cash advance of up to $500,000 will now be made whole if their claims are $925,000 or less given the 46% distribution the trustee will reach with this latest distribution.
JPMorgan has been accused of assisting another Ponzi scheme. A group of investors who claim to have been defrauded by William Wise and his Millennium Bank Ponzi scheme have filed a complaint alleging that JPMorgan knew of suspicious activity at the time that it took over the Millennium account from Washington Mutual. The complaint alleges that for the approximate 5 month period after JPMorgan took over the account, about $16 million passed through the bank and ended up in overseas accounts.
The law firm Band Gates PL will pay about $167,000 to the receiver of the Arthur Nadel Ponzi scheme to finally settle the receiver’s claims that the firm had fraudulent transferred funds for Donald Rowe, an investment newsletter publisher who had been ordered to pay $4 million to the Nadel receivership. The receiver has returned about $52 million to the approximately 350 investors who lost about $162 million in the Nadel scheme.
An aircraft hangar business known as Tradewind that was previously owned by Arthur Nadel was sold by the receiver for $1.2 million. Some of the sales proceeds will go to the 400 defrauded victims who had lost about $162 million in the Ponzi scheme and the balance will go to the secured creditor.
Cordell Consultants Inc. on Friday asked the Eleventh Circuit to revive its fraud suit accusing Kluger Peretz Kaplan & Berlin PL and four of its attorneys of helping Edward Okun perpetuate his $130 million Ponzi scheme. The Eleventh Circuit heard oral arguments in the case relating to Cordell’s lawsuit to recover $7 million.
The Backstreet Boys are litigating their claim filed in the bankruptcy case of their former manager, Lou Pearlman. The band claims that Pearlman still owes them $3.4 million, but the bankruptcy trustee objected on the grounds that the claim is duplicative of a claim the band filed in the bankruptcy case of one of Pearlman’s companies, Trans Continental Records, Inc., and that there was no evidentiary support for the claim.
Thomas Petters latest appeal of his criminal conviction and 50 year prison sentence was rejected less than 24 hours after it was filed. Petters contends that the judge who promptly denied the appeal has a conflict of interest because his son is an attorney who worked at the law firm that provided legal services to Petters before his arrest.
Julio Robaina, who is accused of tax evasion for failing to report $300,000 received from Ponzi schemer Luis Felipe, has now been alleged to have used the money to keep a mistress. Robaina is the former mayor of Hialeah, Florida. Felipe is serving 10 years after pleading guilty to running a $45 million jewelry investment Ponzi scheme.
TD Bank argued before the Eleventh Circuit, seeking reversal of the jury award against it for $67 million in connection with its activities in the Scott Rothstein Ponzi scheme. Coquina Investments won a jury verdict against the bank, largely based on the role of Frank Spinosa, a TD Bank officer that was allegedly bribed by Scott Rothstein in connection with the Ponzi scheme. Spinosa invoked his Fifth amendment right not to incriminate himself 193 times at the trial, although he has not been charged with any crime in the Rothstein case.
Cole Taylor Bank was sued by 81 customers in connection with the $50 million Ponzi scheme run by Martin Sigillito. The Bank was accused of aiding and abetting the Ponzi scheme and was also sued for fraud, conspiracy, breach of contract breach of fiduciary duty and negligence. Sigillito was a lawyer who targeted individuals with IRAs. Customers were lured into the scheme by false statements from Millennium Trust, which was the custodian for Sigillito’s company, British Lending Program. The Bank performed the banking services for the IRA accounts, and the customers allege that the bank’s oversights allowed Sigillito to run the Ponzi scheme.
The receiver in the Small Business Capital Corp. case mailed checks to victims returning about 43% of the investors’ original contribution. SB Capital, run by Mark Feathers, had promised investors 7.5% and involved about $40 million. The receiver hopes to make additional distributions to victims later in the year.
The Supreme Court found that victim class actions filed in connection with the Stanford Financial Ponzi scheme can proceed against two law firms, an insurance company and a financial advisory firm in Chadbourne & Park v. Troice, 2014 U.S. LEXIS 1644 (Feb. 26, 2014).
The receiver of Vesta Strategies LLC was barred from suing Continental Casualty Co. to recover losses in the 1031 exchange real estate Ponzi scheme. Dillon v. Continental Casualty Co., 2014 U.S. Dist. LEXIS 41709 (N.D. Cal. Mar. 26, 2014).
IMG Funding LLC sued Deepal Wannakuwatte and his company the International Manufacturing Group for fraud. The lawsuit claims that the defendants ran a fraudulent investment scheme and claimed that they had secured a $100 million contract to supply latex gloves to the Department of Veterans Affairs. IMG says that, based on the misrepresentations of the defendants, it raised $24 million from 20 investors and paid most of that money to the defendants. Another group of investors, led by Sammy Cemo, the head of Cemo Commercial Inc., also filed a lawsuit for the $7.1 million of funds that they invested.
The Second Circuit affirmed the dismissal of the lawsuit of Iowa Public Employees Retirement System against Deloitte & Touche LLP relating to Deloitte’s conduct in the WG Trading $38 million Ponzi scheme. The lawsuit had alleged that Deloitte’s auditors had intentionally ignored warning signs that the WG Trading’s principals were stealing investor funds. Iowa Public Employees’ Retirement System v. Deloitte & Touche, 2014 U.S. App. LEXIS 4918 (2d Cir. Mar. 17, 2014).
The ZeekRewards receiver filed a complaint against six insiders of the company, including Zeek CEO Paul Burks, seeking the return of alleged fraudulent transfers. The six insiders made close to $25 million from the scheme. The receiver also filed a lawsuit against 10 net winners who allegedly made more than $900,000 for a combined total of $18.74 million. That suit also includes net winners who made more than $1,000 in the scheme, which includes about 9,000 affiliates as members of a defendant class. Separately, the court approved judgments that will force Dawn Wright-Olivares and her step-son Daniel Olivares to forfeit a combined $11.4 in earnings. The receiver has reached settlements with about 180 net winners totaling about $2.5 million on winnings of about $4.5 million, or about 56.7% of the profits that were paid out.
Below is a summary of the activity reported for March 2014. The reported stories reflect: 18 guilty pleas or convictions in pending cases; about 60 years of newly imposed sentences for Ponzi schemers; 9 newly discovered schemes involving over 1,000 victims and over $207 million; and an average age of 53.3 for the alleged Ponzi schemers in the stories reported. Please feel free to post comments about these or other Ponzi schemes that I may have missed. And please remember that I am just relaying what’s in the news, not writing or verifying it.
Russell Adler, 52, a former law partner in Scott Rothstein’s firm, Rothstein Rosenfeldt Adler, was charged with conspiring to violate federal campaign contribution laws. Adler allegedly helped orchestrate contributions from the firm’s employees and attorneys to John McCain’s 2008 presidential campaign and Charlie Crist’s run for the U.S. Senate, which contributions were then reimbursed by the law firm. Adler is expected to plead guilty next month.
Robert R. Anderson and his company Rosand Enterprises were relieved of monetary liability when the SEC dismissed its request for monetary relief because Anderson was sentenced to 68 months in prison in a related criminal action and because Rosand Enterprises is a defunct corporate entity. The SEC had filed an action against the defendants alleging that they had operated a Ponzi scheme, defrauding at least 77 investors out of approximately $12 million. SEC v. Robert R. Anderson & Rosand Enters., 2014 U.S. Dist. LEXIS 38545.
Hugh Arias, 44, pleaded guilty to charges relating to his role in the $400 million Ponzi scheme run by Nicholas Cosmo through Agape World. Arias received more than $9 million in commissions for pitching investments in the Ponzi scheme. The scheme defrauded more than 4,100 victims who lost a total of about $179 million. Sales agents for Agape World had promised investors returns of 12% to 14% and misrepresented that only 1% of their principal was at risk. Cosmo is currently serving a 25 year sentence in connection with the scheme and 8 others have been charged.
George Atwater was disbarred for violating numerous rules of professional conduct in connection with his $65 million Ponzi scheme for which he was sentenced to one year in prison. Atwater had been a lawyer in Washington since 1988, and his license was suspended in 2012, after he had pleaded guilty to charges relating to the scheme. Atwater was working for Robert Miracle, who was sentenced to 13 years for running the Ponzi scheme that supposedly involved oil developments in Malaysia and Indonesia.
Aldo Baccala, 73, pleaded guilty to charges relating to his role in a $20 million Ponzi scheme that defrauded 55 victims. The plea deal was proposed by the state court judge and was opposed by prosecutors. The court offered to limit Baccala’s sentence to no more than 20 years, but prosecutors wanted 64 to 84 years. Baccala operated Baccala Realty Inc. and sought money from investors for business ventures that included assisted living facilities and a car wash. He promised investors annual returns greater than 12% and as much as 27.5%.
Bryant E. “Bry” Behrmann, 67, is due for release after serving more than 4 years of his 6 year sentence for running a $45 million Ponzi scheme. Behrmann and his partner, Larry “Buck” Hunter, defrauded 9,400 people who invested $45.7 million in a get-rich-quick scheme that involved selling inventory overstock through their company, Global Online Direct. The scheme promised returns of 65% and up to 35% bonuses to new investors.
Annette Bongiorno, 66, Joann Crupi, 53, Daniel Bonventre, 66, George Perez, 48, and Jerome O’Hara, 51, were convicted on all counts against them for their respective roles in the Bernard Madoff Ponzi scheme. They were collectively convicted of 31 counts for conspiring to create and use millions of fake account statements and false trade confirmations to deceive investors. Bongiorno had testified in her own defense at her criminal trial, explaining that she didn’t realize she was doing anything wrong when she had backdated trades that didn’t really exist for 40 years. She said, “Everything was backdated. It didn’t raise a red flag.” Backdating trades was like “brushing my teeth.” The five Madoff former employees now face forfeiture of their assets.
John Bravata and Richard Trabulsy were ordered to pay more than $8 million for their role in the $50 million Ponzi scheme run through Bravata Financial Group and BBC Equities. A district court awarded judgment against the defendants in the lawsuit brought by the SEC. The scheme defrauded about 440 investors through the unauthorized sale of securities.
Patrick Cole and his company Global Strategic Marketing had a judgment entered against them by the CFTC, issuing a permanent injunction and a disgorgement order of over $1.1 million. The judgment relates to a $23 million Ponzi scheme run through Complete Developments, LLC as a foreign exchange investment program. Global was partners with Complete Developments and failed to verify data provided by Complete Developments in addition to making false statements and claims about low risk of loss.
Stephen Richard Colson, 48, pleaded guilty to charges relating to a mortgage Ponzi scheme that he ran through his companies, Prestige Title Inc. and Advanced Title and Escrow. Colson’s business depended upon funds generated in new real estate closings to pay off earlier closings.
Jenny Coplan, 54, was hit with a default judgment against her for more than $936,000 in connection with an SEC action against her for her alleged violations of federal securities laws. The SEC alleged that Coplan defrauded about 90 individuals to invest in her business involving immigration bail bonds – bonds that a person must pay before being released from immigration detention. Coplan operated the business through Immigration General Services LLC and promised high rates of return. Coplan raised about $4 million from investors, returned about $3.1 million in Ponzi-like payments, and misappropriated about $878,000.
Shawn Kristi Dicken, 40, was found guilty on charges relating to her role in a Ponzi scheme run through Diversified Group Advisory Fund LLC. It is alleged that Dicken funneled $2 million of investors’ money into the Ponzi scheme operated by Joel Wilson. Dicken was a lead sales person at Diversified and had promised investors that their investments were without risk, completely liquid and had a guaranteed rate of return of between 9.5% and 10.44%.
Robert Eberle, 75, and his wife, Barbara Eberle, 66, were each sentenced to 5 years in prison and ordered to pay $13.2 million in restitution in connection with a Ponzi scheme that they ran through Secure Investment Services. They promised investors returns from the profits of life insurance policies on other people’s lives.
Archie Evans sought an indefinite delay to his sentencing, arguing that he has been “mentally incapacitated” due to an illness that has prevented him from responding to a pre-sentence report in his criminal case. Evans pleaded guilty in January 2013 to charges relating to a Ponzi scheme run through Gold & Silver LLC that defrauded members of the Baptist church in which he was a preacher. Evans promised investors 10% to 12% interest but either spent their money or lost it on bad investments.
Fleet Mutual Wealth Limited, MWF Financial Limited and Mutual Wealth were accused by the SEC of operating securities fraud and of using Facebook and Twitter to promote fraudulent investments. The scheme promised investors returns of between 2% and 3% per week and also encouraged investors to become “accredited advisors” who would earn a commission for bringing in new investors. It is alleged that about 150 investors opened accounts with Mutual Wealth and invested about $300,000.
Michael Brendan Ferguson, 44, was charged not only with securities and grand theft charges relating to an alleged ATM Ponzi scheme, but was also charged with burglary. Ferguson promised up to 15% returns from transaction fees from private ATMs and allegedly defrauded at least 100 investors out of more than $10 million.
Anthony Robert Fregenti, Jr., 42, was sentenced to 5 years in connection with charges that he operated a Ponzi scheme through Dark Hawk Enterprises LLC involving motorcycles and exotic sports cars. He pleaded guilty last year and had offered to pay $1 million to stay out of prison. His offer was rejected, but he was given credit for 121 days he had already served in jail.
Michael B. Gale, 66, was sentenced to 2 years in prison and ordered to pay over $425,000 in restitution following his guilty plea to charges that he ran a commodity futures Ponzi scheme through his company, Capital Management Group. Gale defrauded 9 people out of about $893,000.
John Hagener, 77, and Dawn C. Powers, 43, pleaded guilty to charges relating to a $7 million Ponzi scheme that defrauded more than 100 people. The scheme related to the sale of shares in an investment program called Naras Funds. The scheme was run with Lawrence Lee Loomis aka Lawrence Leland Loomis through Loomis Wealth Solutions in which investors were promised 12% returns.
Mitchell Brian Huffman was ordered to pay a $2 million civil penalty relating to his operation of a $30 million Ponzi scheme that defrauded about 30 investors. Huffman pleaded guilty in 2011 and was sentenced to 5 years in prison in connection with his scheme that involved exchange-traded commodity futures contracts. Huffman had promised investors annual returns of between 100% and 150%.
Jeffrey Kelly, 45, was sentenced to 5 years in prison and ordered to pay $1.1 million in restitution in connection with a $1.5 million Ponzi scheme. Kelly told clients that he would invest their money in various financial products such as annuities, stocks and real estate investment trusts, but spent the money on personal expenses instead.
Robert S. Leben and Amy L. Leben were accused of running a $3 million Ponzi scheme through their company, Structured Financial Group, LLC, in violation of CFTC regulations. In a CFTC enforcement action, they were accused of promising investors quarterly returns of 3.5% and directing investors to paying their money to an attorney serving as agent for the company in a foreign exchange scheme.
Wing K. Lim aka Kent Lam, 41, pleaded not guilty to charges accusing him of defrauding 5 victims out of $4.3 million in an alleged Ponzi scheme that he ran through his company, Wall Street Investments LP. Lim told his clients that he would invest their money in high-yield hedge funds, such as his DT China Growth Funds, LP and Daytop Funds, LP, but instead he allegedly spent the money on personal items and transferred some of the money into accounts belonging to him and his relatives. Lim is an illegal alien from China.
Geoffrey Lunn, 58, has admitted he was guilty of running a Ponzi scheme. Lunn claimed he was the vice president of Dresdner Financial, which doesn’t really exist, and said that his operation was named “Operation 44 Magnum.” Lunn told FBI agents that it was called that because, “When people found out that they’d been ripped off they would buy a .44 Magnum and shoot themselves in the head.” Lunn had misrepresented that he worked with stocks and bonds and resold high end items such as Picasso paintings and jewelry.
Eddie Marin, 52, was sentenced to 10 months in prison after pleading guilty to charges that he helped the wife of Scott Rothstein, Kim Rothstein, conceal jewelry from investigators. Marin also admitted committing perjury in the bankruptcy proceedings relating to Rothstein’s law firm, Rothstein Rosenfeldt Adler. Kim Rothstein is serving 18 months in prison for concealing jewelry.
Brian William McKye, 50, was sentenced to 17 years in prison and ordered to pay more than $4.5 million in restitution for his role in a $4.5 million Ponzi scheme that defrauded 83 victims. The scheme was run through Global West Funding Ltd., Global West Financial LLC, Global West Financial LLC, Sure Lock Financial LLC, Sure Lock Loans LLC, and The Wave-Goldmade Ltd., and involved fraudulent notes in real estate in which investors supposedly had “100 percent total control” of their money. The scheme promised investors a monthly return from 6.5% to 20% for 6 to 60 months.
Al Moriarty, 80, was assigned in a new lawyer to handle his criminal trial in connection with his alleged role in a $22 million Ponzi scheme. Moriarty’s prior lawyer, Scott Whitenack, had to bow out of the case because of charges of his own involving moral turpitude. Moriarty and Whitenack had met when both men were in county jail.
Mt. Gox, the formerly largest Bitcoin exchange in the world, filed for bankruptcy protection in Japan. The company cited liabilities of $64 million and assets of $38 million. Mt. Gox CEO Mark Karpeles suggested that the company had lost about $500 million of Bitcoin through a major breach of system by a hacker. Over 850,000 Bitcoin were lost, which was about 7% of the total outstanding number of Bitcoin worldwide. Mt. Gox soon after filed a petition in Dallas Texas seeking protection under Chapter 15 of the United States Bankruptcy Code. Some have alleged that the Bitcoin business is a Ponzi scheme.
Jane O’Brien, 61, who is serving a 33-month sentence for securities fraud, has been indicted in connection with an alleged 18 year Ponzi scheme. O’Brien is a former Merrill Lynch broker and is accused of convincing clients to take money from their bank and brokerage accounts and giving the money to her for private placement investments. O’Brien promised at least one client a 25% return but instead used the money for her personal expenses and to make payments to other clients.
Samuel Ray Palasota, 53, was sentenced to almost 6 years in prison in connection with a $1 million Ponzi scheme. Palasota was convicted in the real estate fraud that Palasota called “The Maker’s Resources.”
Elaina Patterson, 54, pleaded guilty and was sentenced to 3 to 5 years in prison plus 10 years probation in connection with a $6 million Ponzi scheme that defrauded 31 investors. Patterson formerly worked as a banker at Bank of America and would promise her friends and family investment programs generating 10% to 15% returns that were normally reserved for corporate and high-level clients. Patterson paid back about $4 million but used some of the rest of the money that she stole from victims on travel expenses and expensive cars.
Ronald Russell, of California, was convicted of running a real estate Ponzi scheme in which he charged investors $2,900 to participate. Russell told investors he would use the money to buy homes, rent them to investors, and then sell them at the same price he had bought them for. Russell defrauded 51 victims who lost about $139,000 in the scheme.
Feisal Shariff, 43, was sentenced to 8 years and 4 months and ordered to pay more than $3.6 million in restitution in connection with a Ponzi scheme that defrauded more than 70 investors of about $3.6 million. Sharif had pleaded guilty to charges relating to his Ponzi scheme run through First Financial, LLC as a commodities trading program.
Joel Steinger pleaded guilty to his role in the $1.25 billion Ponzi scheme of Mutual Benefits Corp. which marketed viatical and life insurance settlements. Steinger was the last of 13 defendants to be convicted on charges in connection with the scheme that defrauded about 30,000 victims.
Garfield M. Taylor, 55, of Maryland, pleaded guilty to charges relating to a $25 million Ponzi scheme in which Taylor misrepresented that he used a sophisticated securities trading strategy that protected against loss. Taylor misrepresented to investors how their money was being used. His companies, Garfield Taylor Incorporated and Gibraltar Asset Management Group, did not have licenses to trade securities. The SEC also obtained a civil judgment against Taylor.
Tri-Med Corporation, Tri-Med Associates, Inc., Jeremy Anderson, Anthony N. Nicholas, III, Eric Ager, Irwin Ager, and Teresa Simmons Bordinat were the subject of an asset freeze and had a receiver appointed over them. Tri-Med promised investors above-market interest rates in an alleged medical accounts receivable scam in which Tri-Med assured investors that their funds would be held in trust in a law firm escrow account. About $13 million was raised from at least 232 investors.
Jason K. Vaughn, an associate of accused Ponzi schemer Rick Koerber, went on trial for his role in the $100 million real estate scheme. Vaughn is accused of defrauding certain investors who put $2.85 million in Vaughn’s company, Freestyle Holdings, which was then lost in the scheme. The trial of Koerber is scheduled to begin in June.
Deepal Wannakuwatte, 63, of California, was indicted on charges that he allegedly ran a $100 million Ponzi scheme through his companies, International Manufacturing Group, Inc. and Rely Aid Global Healthcare Inc.
WCM777, WCM777 Inc., WCM777 Ltd., World Capital Markets, and Ming Xu aka Phil Ming Xu were accused by the SEC of running a Ponzi scheme that defrauded victims of $65 million. The defendants are accused of selling “packages” or “membership units” in WCM777, which they claimed to be a profitable multi-level marketing program that sells packages of cloud media or cloud services. The scheme promised 100% returns in 100 days. Investors’ money was used, among other things, to purchase properties that are held in the names of World Capital Market Inc., Manna Holdings Group LLC and Kingdome Capital Market LLC, which are affiliated with Xu. Funds were also sent to PMX Jewels, Limited, a rough diamond jewel merchant in Hong Kong, to Aeon Operating Inc., and to Manna Source International, Inc.
INTERNATIONAL PONZI SCHEME NEWS
Australia
Centaur Litigation is believed to be a Ponzi scheme and moved from Hong Kong to Sydney. Centaur claimed to have raised more than $160 million from investors and promised large returns. Centaur is purportedly funding a class action over an outbreak of equine flu in 2007. Centaur’s manager, Buttonwood Legal Capital, is seeking assurances from Centaur that it can meet its obligations.
Ponzi schemer Earl Jones was released from prison after serving one-third of his 11 year prison sentence. Jones had pleaded guilty to running a scheme that targeted more than 150 victims.
Philip Linacre, 61, pleaded guilty to charges that he ran a $12 million Ponzi scheme that was supposedly a high-return investment program that defrauded his clients. About $1.8 million of the money was paid back as interest to the victims. He was then struck off the Roll of Legal Practitioners.
Canada
Pamela Vanberg, 33, and two of her companies, Calgary Motorhome Inc. and Canada Motorhome Inc., have been charged in connection with an alleged motorhome time share Ponzi scheme. The scheme defrauded at least 7 people of over $100,000. Vanberg supposedly rented RVs, offered parking stalls to RV owners for a fee of at least $5,000, and gave consumers the option of buying into a resale program for a fixed dollar amount of $10,000.
Kevin Warren Zietsoff, 41, was sentenced to 4½ years in prison and ordered to pay $11 million in restitution in connection with his $15 million Ponzi scheme that defrauded more than 80 victims.
In the case of Roszko v. The Queen, the Tax court of Canada allowed a taxpayer’s appeal and held that amounts paid out in a Ponzi scheme were not taxable as interest income. In Roszko, the taxpayer was an investor in the commodities trading company, TransCap Corporation, which promised investors returns of 18% to 22% annually. TransCap was found to be a fraudulent scheme. The taxpayer had invested $800,000 and had been repaid a total of $408,000. The court found that the payments were a return of principal but noted that excess returns might be considered income.
Roger Schoer was accused at trial of running a Ponzi scheme. Schoer plead not guilty to allegations that he ran a fraudulent scheme. Schoer had advised investors that he was launching a Prince Edward Island tech company.
England
Matthew Ames, 38, was sentenced to 40 months in prison after having been found guilty on counts relating to a £1.6 million Ponzi scheme operated through his two companies, Forestry for Life and The Investors’ Club. Ames promised investors returns of 15% from investments in teak tree plantations that supposedly generated carbon credits which could then be traded for profit.
Bordeaux Fine Wines Ltd. was put into liquidation amid allegations that it was a Ponzi scheme. Investors put as much as £12 million into a wine funds to buy cases of vintage wine, but it appears that the investors’ funds were not spent to purchase the wine but went to pay salespeople instead. The company was formed by Kenneth Gundlach who promised investors large returns based on “carefully selected portfolios of vintage wine.” It is believed that about 444 investors lost money in the scheme.
India
Giel Mans, 36, was released on bail after having been arrested in December 2011. Mans is accused of running a R10m Ponzi scheme and has previously been denied bail on two occasions as he was deemed a flight risk. Mans faked his own kidnapping to get out of reimbursing investors.
Nirmal Singh Bhangoo, 60, is being investigated in connection with an alleged Ponzi scheme that defrauded 900,000 investors relating to the sale and development of agricultural land. The scheme involved about $8 billion.
NEWSWORTHY LEGAL ISSUES IN PENDING PONZI SCHEME CASES
Relatives of convicted Ponzi schemer Gershon Barkany were sued by investors in Barkany’s $62 million Ponzi scheme for fraudulent transfer, unjust enrichment and conversion. The plaintiffs are Barkany Asset Recovery and Cortland Realty Investments, and they sued Barkany’s in-laws, Joseph and Deborah Rosenberg, and his uncle and wife, Jonathan and Gila Zelinger. The lawsuit alleges that the plaintiffs wired in millions of dollars to Barkany’s lawyer’s trust account and that some of the money was thereafter wired to the defendants.
Four republican politicians from Texas have filed a lawsuit against Archer Bonnema for their losses of $2.5 million in an alleged Ponzi scheme run by Bonnema in which he was to be investing in utilities trading through Pirin Electric, a company traded on the energy market. Bonnema had once claimed to have found Noah’s Ark, and he targeted Christian conservatives in his scheme.
Skadden Arps agreed to pay $4.25 million to settle claims of defrauded victims in the Ponzi scheme of Alphonse “Buddy” Fletcher. Skadden had represented Fletcher Asset Management, and investors alleged that Skadden had failed to adequately protect their interests.
Players in the Full Tilt Poker Ponzi scheme are scheduled to get a distribution. An estimated $76 million is to be paid out to an estimated 30,000 American online poker players whose funds have been held in their frozen Full Tilt Poker accounts for about 3 years.
Victims of the Queen City Investment Fund Ponzi scheme run by Glen Galemmo are suing a Galemmo client, Michael Willner, in a class action alleging that he received millions of dollars from the scheme. The lawsuit is for recovery of fraudulent transfers allegedly made to a net winner in the scheme. Galemmo pleaded guilty to what is alleged to be a $100 million Ponzi scheme.
The trustee in the Bernard Madoff case argued his appeal before the Second Circuit on the issue of whether section 546(e) of the bankruptcy code should bar some of his claims to avoid and recover fraudulent transfer claims.
A court approved the settlement between JPMorgan and a class of victims of Bernard Madoff, which provides for payment of $218 million to the victims. The court also approved $18 million of fees to the lawyers who represented the customers.
The Madoff trustee filed his proposed fourth distribution announcing a distribution of about $349 million to pay customer claims. This distribution will bring the total amount of funds distributed to customers to about $6 billion. Those claimants who also received a SIPC cash advance of up to $500,000 will now be made whole if their claims are $925,000 or less given the 46% distribution the trustee will reach with this latest distribution.
JPMorgan has been accused of assisting another Ponzi scheme. A group of investors who claim to have been defrauded by William Wise and his Millennium Bank Ponzi scheme have filed a complaint alleging that JPMorgan knew of suspicious activity at the time that it took over the Millennium account from Washington Mutual. The complaint alleges that for the approximate 5 month period after JPMorgan took over the account, about $16 million passed through the bank and ended up in overseas accounts.
The law firm Band Gates PL will pay about $167,000 to the receiver of the Arthur Nadel Ponzi scheme to finally settle the receiver’s claims that the firm had fraudulent transferred funds for Donald Rowe, an investment newsletter publisher who had been ordered to pay $4 million to the Nadel receivership. The receiver has returned about $52 million to the approximately 350 investors who lost about $162 million in the Nadel scheme.
An aircraft hangar business known as Tradewind that was previously owned by Arthur Nadel was sold by the receiver for $1.2 million. Some of the sales proceeds will go to the 400 defrauded victims who had lost about $162 million in the Ponzi scheme and the balance will go to the secured creditor.
Cordell Consultants Inc. on Friday asked the Eleventh Circuit to revive its fraud suit accusing Kluger Peretz Kaplan & Berlin PL and four of its attorneys of helping Edward Okun perpetuate his $130 million Ponzi scheme. The Eleventh Circuit heard oral arguments in the case relating to Cordell’s lawsuit to recover $7 million.
The Backstreet Boys are litigating their claim filed in the bankruptcy case of their former manager, Lou Pearlman. The band claims that Pearlman still owes them $3.4 million, but the bankruptcy trustee objected on the grounds that the claim is duplicative of a claim the band filed in the bankruptcy case of one of Pearlman’s companies, Trans Continental Records, Inc., and that there was no evidentiary support for the claim.
Thomas Petters latest appeal of his criminal conviction and 50 year prison sentence was rejected less than 24 hours after it was filed. Petters contends that the judge who promptly denied the appeal has a conflict of interest because his son is an attorney who worked at the law firm that provided legal services to Petters before his arrest.
Julio Robaina, who is accused of tax evasion for failing to report $300,000 received from Ponzi schemer Luis Felipe, has now been alleged to have used the money to keep a mistress. Robaina is the former mayor of Hialeah, Florida. Felipe is serving 10 years after pleading guilty to running a $45 million jewelry investment Ponzi scheme.
TD Bank argued before the Eleventh Circuit, seeking reversal of the jury award against it for $67 million in connection with its activities in the Scott Rothstein Ponzi scheme. Coquina Investments won a jury verdict against the bank, largely based on the role of Frank Spinosa, a TD Bank officer that was allegedly bribed by Scott Rothstein in connection with the Ponzi scheme. Spinosa invoked his Fifth amendment right not to incriminate himself 193 times at the trial, although he has not been charged with any crime in the Rothstein case.
Cole Taylor Bank was sued by 81 customers in connection with the $50 million Ponzi scheme run by Martin Sigillito. The Bank was accused of aiding and abetting the Ponzi scheme and was also sued for fraud, conspiracy, breach of contract breach of fiduciary duty and negligence. Sigillito was a lawyer who targeted individuals with IRAs. Customers were lured into the scheme by false statements from Millennium Trust, which was the custodian for Sigillito’s company, British Lending Program. The Bank performed the banking services for the IRA accounts, and the customers allege that the bank’s oversights allowed Sigillito to run the Ponzi scheme.
The receiver in the Small Business Capital Corp. case mailed checks to victims returning about 43% of the investors’ original contribution. SB Capital, run by Mark Feathers, had promised investors 7.5% and involved about $40 million. The receiver hopes to make additional distributions to victims later in the year.
The Supreme Court found that victim class actions filed in connection with the Stanford Financial Ponzi scheme can proceed against two law firms, an insurance company and a financial advisory firm in Chadbourne & Park v. Troice, 2014 U.S. LEXIS 1644 (Feb. 26, 2014).
The receiver of Vesta Strategies LLC was barred from suing Continental Casualty Co. to recover losses in the 1031 exchange real estate Ponzi scheme. Dillon v. Continental Casualty Co., 2014 U.S. Dist. LEXIS 41709 (N.D. Cal. Mar. 26, 2014).
IMG Funding LLC sued Deepal Wannakuwatte and his company the International Manufacturing Group for fraud. The lawsuit claims that the defendants ran a fraudulent investment scheme and claimed that they had secured a $100 million contract to supply latex gloves to the Department of Veterans Affairs. IMG says that, based on the misrepresentations of the defendants, it raised $24 million from 20 investors and paid most of that money to the defendants. Another group of investors, led by Sammy Cemo, the head of Cemo Commercial Inc., also filed a lawsuit for the $7.1 million of funds that they invested.
The Second Circuit affirmed the dismissal of the lawsuit of Iowa Public Employees Retirement System against Deloitte & Touche LLP relating to Deloitte’s conduct in the WG Trading $38 million Ponzi scheme. The lawsuit had alleged that Deloitte’s auditors had intentionally ignored warning signs that the WG Trading’s principals were stealing investor funds. Iowa Public Employees’ Retirement System v. Deloitte & Touche, 2014 U.S. App. LEXIS 4918 (2d Cir. Mar. 17, 2014).
The ZeekRewards receiver filed a complaint against six insiders of the company, including Zeek CEO Paul Burks, seeking the return of alleged fraudulent transfers. The six insiders made close to $25 million from the scheme. The receiver also filed a lawsuit against 10 net winners who allegedly made more than $900,000 for a combined total of $18.74 million. That suit also includes net winners who made more than $1,000 in the scheme, which includes about 9,000 affiliates as members of a defendant class. Separately, the court approved judgments that will force Dawn Wright-Olivares and her step-son Daniel Olivares to forfeit a combined $11.4 in earnings. The receiver has reached settlements with about 180 net winners totaling about $2.5 million on winnings of about $4.5 million, or about 56.7% of the profits that were paid out.
A LESSON IN FRAUD
Due to an historic perversion and expert mind programming labeled as, Babylonian Slave Driving Techniques, which has been adopted and employed by the United States Government, few citizens realize that America is notwhat they perceived it to be:
‘Elephants are gray but not all gray things are elephants!’
This expose’ hopes to reveal to you the Great Adventure and some Secrets of America but not all because there are too many, such as: America is not a free or constitutional country. Factually, it isn’t even a country! America is a privately owned French corporation and its motive of operation, known as politics; government; courts; laws; currency and commerce are merely the bi-products of several greedy, vivid and intellectual imaginations belonging to the Royal and Elite of Europe and controlled with the aid of their foreign agents and slave drivers who act in America under the protection of the Foreign Sovereign Immunities Act.
The success of this private corporation relies heavily upon the ability of its slave drivers identified as the chiefs of staff, politicians, bankers, judges, priests and lawyers to convince teachers, policemen, soldiers and the general public of its authenticity. Two major problems exist for this private corporation because everything that the corporate Board of Directors [the European Royal, Elite and Sabbatean Jewish Bankers] decide is always recorded somewhere and is accessible with the advent of new technological advances! Even some of those files marked Top Secret are accessible with a little help from your friends. Ironically, the only secrets’ being concealed within those files is their treason; rogues history and new technological advances being withheld from public view!
“History is a fable agreed upon.”
Napoleon Bonaparte
Would it interest you to know that historically, every documented skirmish, global catastrophe and war that ever occurred on Earth since ancient Babylon has been a well planned and staged event, orchestrated by the Royal and Elite classes of the World with a focus on mind; crowd; population control and the stimulation of commerce? After all, the European Board of Directors makes their money off of commerce and unfortunately wars and catastrophes generate more income and spending than tranquility and peace! Do they care that people might die? Like all sociopaths, they actually plan on it!
What would be your first reaction, if I were to prove to you that two elected Presidents of the United States were never American citizens and were elected under an alias or assumed name? The first man was a German National; an atheist and former Nazi SS Naval Officer and the former Director of the Nazi Intelligence Agency called: ODESSA. The second man was a South African National and is a Marxist, a racists and anti-Christian. This is a disparaging fact to hear or read about especially since colonial America was founded by Christian people seeking freedom from religious persecution. People who just wanted to be left alone, which made them an easy mark for unscrupulous men!
Would it interest you to know that the first CIA Agency for the United States was completely staffed with former Nazi SS and OSA Officers, with the blessings of President Harry S. Truman and the United States Congress and they placed WWII flying ACE, “Wild Bill Donovan,” in a figurehead position as Director, in order to sell the CIA to the American public? Would it shock or even concern you to learn that the Patriot Act is a carbon copy of the Nazi Constitution of the 1940’s?
History suggests that the Allies defeated the Nazi War Machine when in fact Churchill and Hitler were close friends and Masonic brothers. Queen Elizabeth called Adolph Hitler, “Uncle” and Adolph’s real name was Baron Rothschild and he was a member of the European Royal Family. Didn’t you ever wonder why the Queen’s Royal Palace was never touched during the Nazi Ariel bombing of England? Two investigative journalists uncovered these facts and when they attempted to expose Churchill and Elizabeth, they were arrested and imprisoned for 33 years without formal charges or a trial.
Shortly after the WWII German surrender, the government of the United States secretly repatriated 155,000 Nazi SS and OSA Officers into the United States in 1945 under, “Operation Paperclip” and the average immigrant to America today is forced to suffer all kinds of hurdles; pitfalls; prejudices and propaganda to finally be accepted under US Immigration Laws! Immigration laws that countermand the basic principles and guarantees of the Declaration of Independence!
How would you feel about President George W. Bush, if you knew that he issued two Executive Orders as President, which 1] made all American Presidents the official Dictator of America and 2] permits Pharmaceutical Companies to release new drugs and vaccines to the public without performing the usual battery of safety tests? This same Executive Order also releases the FDA [Food and Drug Administration] of any liability for approving such new pharmaceuticals and vaccines for distribution and sale to the general public?
Would it interest you to know that all but four US Presidents and 98% of all of our US Congressmen have been serving as political decoys and official slave drivers for the European Royal and Elite Masters? The cost of campaigning for election to the Office of President or for a seat in Congress has intentionally been made untouchable and exorbitant in cost, except for millionaires! The purpose and intent is to discourage the average American citizen from overstepping his class boundaries in an attempt to secure one of these political posts! There is a huge disparaging class difference in America!
Would you feel just a little bit ignorant to learn that the Republican and Democratic Party is another political fraud and that these political parties are actually the product of one large political conspiracy? All of the candidates chosen for the highest positions in government, are not chosen by party members or the public but are pre-selected by the Royal and Elite and each approved candidate must swear an allegiance too and render a pledge to adhere to the demands of these Corporate Directors and Masters.
Your so-called right to vote in America is actually about slave registration. Every applicant is asked if they are a United States Citizen or other. A US Citizen is defined in all law dictionaries as a corporate entity. Your vote really means nothing during an election because the electronic voting machines are rigged; the manual tabulation process was eliminated via the BUSH v. GORE elections as unreliable and besides the Electoral College actually chooses the candidates regardless of the vote count! This was the real reason behind the creation of the Electoral College! The whole BUSH v. GORE event that occurred in Florida was a well planned and staged event to eliminate the paper ballot cards and manual tabulation.
The use of racist remarks and displays of racism is also planned by the Royal and Elite to divert attention away from their true purpose! Racism is used heavily and well in America to divert the attention of the masses because most of us are very easily distracted! The real truth is that there is no difference between the masses but as a collective group, the Slave Drivers couldn’t control us and so racism is used to, “divide and conquer” the slaves!
The Federal Government’s usual motive of operation is to cause a problem; blow it out of proportion in the media and then provide for and adopt a remedy that only they can control! This is never the “Exception” but rather the “Rule” and each time a little more of our humanity and liberty is subtly stolen by government without the public ever taking notice of it! Most people are easily entertained and distracted, which is the same reason why people are so fascinated with Magicians and Hypnotists!
America’s judiciary are smaller corporate branches called courts. The judges are actually business administrators called judges and all of America’s laws are civil corporate regulations called statutes. People are treated as corporations in these courts and these so-called bastions of justice are all about commerce and fraud! Everyone needs to be on the same page and so precedents become their safety benchmark!
This next question doesn’t constitute any proof but think about this: If American judges truly are the “Good Guys,” why don’t they all wear white robes instead of black? The answer is: Because black is the pagan traditional color for Illuminati Priests, which will make more sense to you as you read on through this expose.
The local police and prosecutors are not in place to, “serve and protect” the American public but to the contrary, they are structured to protect the Slave Drivers and the private United States Corporation, by enforcing its corporate statutes against the corporate enemy, “The American citizen.” Most of these police officers haven’t a clue about how they have been indoctrinated and manipulated! They are so naïve and well-meaning that they actually believe they are preserving and protecting the public! The politicians, prosecutors, judges, priests and clerks know the truth and many of them increase their personal spoils with every conviction! Yes, the Vatican, judges, prosecutors and clerks make money off of every conviction and lawsuit and their clearing house for all of these private spoils is located in the Texas Federal Reserve, under an account titled: “THE CHRIS FUND!”
If our police officers would simply invest a little energy and time, to research and read something other than PLAYBOY or POPULAR MECHANICS or to hoist a few at the local police pub, they would discover that the amended version of the: “Trading with the Enemy Act of 1933,” by President Franklin D. Roosevelt, specifically identifies the American citizen as the enemy of the Federal Government! The fraud and deception perpetrated by these Slave Drivers works well, as long as they can maintain their deception and manipulation over the masses!
In fact and in reality, the historic civilian government promised by: “The Constitution of the United States of America,” never existed nor did it ever have a chance of succeeding, courtesy of President George Washington and the Continental Congress! President George Washington, “the reputed father of our country,” cleverly overthrew the organic Constitution of the United States of America, using the Articles of Confederation and then reinstated the privately owned colonial corporation of: “The Virginia Colony.”
He then installed a military government, which is concealed in plain site. [e.g.] COMMANDER in CHIEF; Attorney GENERAL; Secretary GENERAL; Auditor GENERAL; Surgeon GENERAL; Postmaster GENERAL, etc. The Constitution was a well written document, which was copied from the Iroquois Federation Government! Many of the safeguards found in the organic Constitution were added by the Founding Fathers to bind the hands of the other Delegates because none of them trusted each other, which proves the old Proverb that:
“There is no honor among thieves!”
I bet you never knew that the American Indians were governed by an Emperor named MOY TOY and enjoyed a Federation Government? We were all falsely taught that the Red Race were just savages! The Iroquois Indians are the architects of the Universal Postal System of the World! And I bet you never knew that the Red Race of America are the only known living descendants of the Continent of Atlantis, which sunk into the Atlantic Ocean around 9600 BC?
The overthrow of the Constitution by President Washington was NO real loss to America because the Constitution had actually been converted into a business plan, designed to benefit the Founding Fathers and not the American people! This information may not correspond with the material that was pounded into our brains during our forced public school education but it is a fact none-the-less!
America factually continued to operate under the privately owned corporation of: “The Virginia Colony,” until March 9, 1933, and then that corporation was dissolved by President Franklin D. Roosevelt, upon the passage of: “The Emergency Banking Act,” and at which time he instituted a new privately owned corporation called: “The United States, Inc.,” which is registered in France and recorded under the Vatican Corporation of Rome! Now isn’t that a perplexing situation?
The term: “The United States of America,” never got off the ground and is a fictitious name fraudulently used by the Masters and Slave drivers because it conforms to the same educational material that society has been indoctrinated with and because it appeases the ears and minds of the patriotic public but it is all just another corporate prevarication! America was guaranteed a public education but never guaranteed a truthful education and as Shakespeare once wrote:
“and therein lies the rub!”
Factually, the concept or government institution known as: “The United States of America,” has not existed since the passage of: “The Declaration of Independence” however the [elite slave drivers] have cleverly convinced the American public that this is all real by: Creating and celebrating National Holidays; by erecting monuments; by adopting a National Anthem and flag; by fictionalizing history; by propagating a false freedom and by forcing this indoctrination upon society through mandatory public education!
According to the Articles of Confederation, the phrase: “We the People” is defined to mean, “We the Delegates,” which refers only to the politicians and not the public, which proves again that: “The Constitution of the United States of America,” was never intended to protect or serve the American public. There are several early administrative court rulings, which confirm this same conclusion, for those of you who require something more than common sense and my educated opinion or observations.
Everything in America is about CONTRACTS and it is our burden as Americans to make government perform honorably; to be specific and too prohibit them from changing the meaning of common words, which is referred to in their circle of friends as: “legalese!”
The American B.A.R. Association is a ‘Foreign Union’ and its members are all working in collusion with Israel; the British Empire; the Vatican; the Rothschild and Rockefeller Banking Empires; Congress and the Elite to undermine America. All attorneys are ‘Agents of a Foreign Power’ who swear allegiance to that Foreign Power [i.e.] The Queen of England.
This is why all lawyers must file a written, ‘Notice of Appearance,’ in every court case they represent. By that Notice, the lawyer is admitting to the Court that he is a ‘Foreign Agent’ and he is requesting permission to represent you in that Corporate Court. Your contract with the lawyer gives him “your sovereign power of attorney” to represent your best interests and he immediately uses it against you by admitting to the Judge that you will accept the jurisdiction and decisions of the corporate court! So much for winning your case or any appeal!
When a prosecutor loses a trial, he is obligated by the court to pay the costs of prosecution, out of pocket! Your attorney always divulges your defense strategy to the prosecutor to avert this embarrassment and penalty from being assigned to him. This group is a brotherhood and these corporate courts are a business and everything is about commerce! People are regarded as nothing more than corporate property!
The American B.A.R. Association is actually a branch of the, National Lawyers Guild Communist Party, which can only be located in the hard copy printing of 28 USC 3002, section 15a. The on-line version of Title 28 USC has been altered by the Attorney General to read something entirely different, apparently because this fact has recently shown up in too many private court petitions and memorandums of law.
To become a member of the American B.A.R Association, applicants must have obtained a Doctorate in Law or the equivalent thereof and passed an examination designed to test the depth of their indoctrination. If they pass, they are required to surrender their American citizenship and swear allegiance to the Queen of England and not the Constitution! This means that all card carrying American lawyers are foreign agents, liars, traitors and communists!
No wonder Jesus warned us about, “lawyers!”
The privately owned corporate Federal Reserve Systems debt has cleverly been renamed: “The National Debt,” to suggest that this is the American public debt however it is not America’s debt but rather Israel’s Debt and the private Federal Reserves corporate debt and yet we have been deceived into thinking and believing the complete opposite by the [corporate slave drivers] through their use of patriotic slogans like:
“This is the cost of freedom!”
If you want more proof, examine the fine print of your Savings or Checking account contract. You will discover that each time you opened one of these accounts; you agree to be responsible for the repayment of the National Debt! Now why would that language ever be included in an application for a checking or savings account if the National Debt already was our responsibility? The answer is: So that the Banks may confiscate your assets without further permission! Pretty clever on their part, if I do say so!
Would it interest you to know that the FCC, CIA, FBI, IMF, NSA, IRS, OPM, ATF, DEA, NASA, INTERPOL, HS [Homeland Security] and all the other members of the alphabet gang are all privately owned corporations and none of them are or ever has been an agency of: “United States, Inc.” The United States government always held some stock in these corporations but never outright owned or controlled any of them? Their employees receive their paychecks from OPM, which belongs to the IMF, which is the property of the United Nations, which belongs to Israel and the Royal and Elite Class of Europe! All of the alphabet gangs are now the registered property of the: “United Nations.” Is it no wonder that President Wilson’s League of Nations never got off the ground and that out of 267 Nations on the Earth only 71 are members of the United Nations?
All of this deception is compounded by the refusal of ordinary Americans to realize, know or understand that it is this secrecy and duplicity of privately owned corporations, being surreptitiously portrayed as American agencies and government, coupled with the deceit and endless greed of Israel; European Bankers and the Royal and Elite families of the World, that have come together to fleece the American people like the sheep they truly are and unfortunately, Americas’ public apathy and ignorance only serves to reinforce the lie!
This paper hopes to expose many of these Secrets of America but unfortunately not all of them! A few references have been suggested or offered for you to investigate on your own, if you are so inclined. If you strongly disagree with anything I have written, GREAT, now prove that I am wrong but be careful how you react because we patriotic Americans’ have all been taught from an early age, too just simply deny without proof, anything that contradicts that imaginary template defined as:
“The American way of life!”
I happen to know that everything that will be discussed herein is factual and I grant you that these Secrets of America will not be easy to digest because deception never is an easy pill for anyone to swallow! If ignorance truly is bliss, you certainly can choose to remain apathetic and ignorant [or] you can decide to grow up and begin to digest some hard core reality! Some of your best friends may be lawyers, judges and politicians and unfortunately they are all apart of the lie and they all have sworn an oath to propagate the lie and deny the truth, so you may need to do some soul searching and investigation of your own! It was hard for me to accept too!
“Those who do not know their past are condemned to repeat it.”
George Santayana
Offered as a Prologue: The most objective and original information I have discovered, concerning the ORIGIN of an ancient system of crowd and mind control called: [Babylonian Slave Driving Techniques] and its historic application and effects upon the European and American culture was researched by a group of Asian historians. All of what they discovered is extremely germane in understanding the Secrets of America and this information helps to set the stage for: The Great American Adventure.
The following is a brief synopsis of their research, which I have condensed, utilizing my knowledge, experience and comprehension of their systematic investigation and I have included several small details in that synopsis, which I uncovered during my many years of research. I warn you that most Asian people believe in a deep spirituality more so than in religious dogma; miracles or human Gods and that such Christian beliefs will be treated by them with complete indifference.
I apologize now, if I tend to repeat myself at times or go off on tangents throughout the body of this paper but unfortunately I find it most difficult not to, when each time-line event or topic lends itself to further qualitative or quantifiable data.
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