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| Internet HYIP Scams Discussion about all kinds of Internet-based HYIP schemes. |
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#251 | |
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Here's the more practical "Test of Three" that will be applied in the Federal case against ASD: - an investment of money has been made (or something of value), - in a common enterprise (i.e., for multiple persons) and - the investor has the expectation of profits, which profits are expected to arise solely, or substantially, from the efforts of the promoter or third party. If the above applies to ASD, then it meets the definition of an investment under securities law (aka the "Howey Test") and they will be found to have been selling unregistered securities. There is no "loop hole" here or getting off on a "technicality" due to some detail of how things were structured. All of the noise about how the details of the program and how it worked is just that. The courts have seen many of these structured in every conceivable way and the law is intentionally written in a very broad manner that encompasses any twists that are attempted to get around it including calling things "ad packs" or "rebates" or "loans" or whatever. It makes absolutely no difference what it's called or how the details of the program are structured. If it meets the test above, then it's a done deal. If they find evidence of misappropriation of funds and things like that then it just furthers the case for fraud and other charges. The same applies to FL State laws and you'll see the same broad definition in their complaint. Another "Test of Three" that likely will be employed at some point will be the "three strikes" rule against Andy as a career criminal given his past felony record. |
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#252 |
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Kind of funny, the koolaid crew keeps telling the members (ahh ex-members that is, since ASD is toast), to send testimonials to the AG. I took five minutes, okay maybe ten to find some prior testimonials from ASD members. Notice a pattern with all of these testimonials, they all mention how much $$$ you can make, but NONE of them mention that the business advertising that the ASD business model is supposedly structured around.
You think if a Joe Schmo like me can see this pattern after 10 minutes of Google searches, that the govies don't see the same pattern? All the testimonials in the world now (after the fact) won't do a damm bit of good. I actually feel sorry for the very few members that truly wanted to advertise their business and truly had no idea what a Ponzi is. Take a look: David and Susan Meade-Pasadena, MD/USA I can honestly say ASD has changed my life in a Major way! A few months back my credit cards were almost maxed out and we were down to the last few thousand of our home equity line. I had lost many thousands on all the "get rich" promises that sounded so convincing and I was now at the end of my rope. I had no idea how I was going to pay the bills and Christmas was right around the corner. Today, only a few months later, I'm earning over $30,000 per month! God has answered our prayers...we are pinching ourselves! My wife and I are well on the way of getting completely out of debt and are now seriously looking for our dream home! My advice to anyone looking at ASD as a means of earning an online income: Please put away your skepticism one last time and enroll for FREE, and just get started with this No Risk wonderful life changing business! Oh yeah, my sincere thanks go out to Andy Bowdoin, the President of ASD and now a trusted friend and mentor! God bless you Andy! Lorna Thurston, ID I can't believe how fast my ASD account is growing. This is SO EASY! It's just AMAZING! I can finally see a way of earning a strong income online that will help me buy my new dream home, new car and help my boys through college. Anyone can do this! All I have to say is JOIN ASD TODAY! DON'T WAIT! Jim Johnston-TX WOW, what an opportunity ASD is!! I have seen Internet programs come and go for years, but I have never seen such a well put together and properly run program as ASD. I came on board November 12 with only $500 and it's already grown to over $4,300 by Jan 15. I will continue to let it build to my target amount, but I've got to tell you - I am really excited about this. This is going to change my life, just as it will certainly change anyone's life who gets involved. Do a BIG favor for the people you know - tell them about ASD. Scott Doble, Boston, MA Hi , my name is Scott Doble.I have recently joined ASD and its been working out great.I have been on otherf programs before but none of them have been as profitable as this one. My profits keep coming every day and I look forward to keepin this cash cow giving money. "ASD has been a savior for me.. I was on the verge of going into bankruptcy and didn't know how I was going to pay my mortgage. A friend introduced me to ASD and I've been making money from home ever since. -Denise Newberry "I put a total of $500 into ASD about 5 months ago and I'm already making $124 per day... that's over $3,700 per month. I was going through tough times when I originally signed up but a friend of mine told me this was going to be a life changing experience. He was 100% correct and I am so thankful for the opportunity." -Holly Rudiger ASD has totally changed my life. When I joined in October 2006 with only $250, I was down and out and had a hard time paying my bills and was living with my cousin because I didn't have the money to pay rent. I made money the first day and I got excited. I brought a few others into ASD and helped them bring others into the program. It's been 15 months and I can't believe the money I'm making. ASD is the answer to my prayers and I have the opportunity to help others. Next week I will be moving into my own place and today I purchased the furniture for my new home and paid cash. I have paid off most of my bills and could not have accomplished this without ASD. I have achieved financial freedom thanks to the insight of our President and CEO, Andy Bowdoin. Beverly Williams, Charleston, South Carolina I joined Ad Cash Generator in November 2006 as one of the founding members. Initially I was skeptical as to the viability and lasting ability of the program but now have complete confidence in the management. Andy Bowdoin has assembled a management team, taken an idea and turned it into a professionally run business, which is paying me a substantial ongoing monthly income. I thank Andy, I thank the management staff, and I thank other participating members for this success. Gary Yoder Everett, Washington I´ve tried numerous home-based part-time business opportunities over the past 25 years with very little continuing success. I developed a worn-out attitude toward the activity and expense of recruiting. I began surfing with Ad Cash Generator as a passive member. I had no desire to recruit any one, I was tired of recruiting. Then, Bingo! After about three weeks of experiencing the awesome Ad Cash Generator returns, my eyes began to open, I couldn´t help myself from spreading the word. My next door neighbor, my dentist, my auto mechanic, my barber, my next- next door neighbor, my body shop, my insurance agent, my banker, my next-next- next door neighbor, and then VIOLLA!... I dont know what to say other then the Ad Cash Generator has transformed my life. The beauty of it all is that recruiting is NOT required. Because its truly passive it spreads automatically like an out of control wildfire. My 25 year struggle has ended! THANK YOU Ad Cash Generator!!!! Karl Lambright, Kendallville, Indiana When my sponsor got me to pay attention to what this Ad Cash Generator program really could do for me and my business, I went from spending my first $100 on ad packages to earning over $300 per day, more than $10,000 per month, in way under 3 months. Best part is it is simple and the most fun I've ever had in business. I am through for the day in about 20 minutes or less, then I choose what I want to do the rest of my day. Rayda Roundy Hurricane, Utah |
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#253 |
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I'm one of those. Not the latter, but the former. I had never heard the word ponzi, had to look it up because of finding it mentioned on this forum! When my dear friend got me into ASD, I didn't believe that the numbers could possibly work, but I thought that if they didn't, I'd at least have some kind of audience for my brand new website selling hand-designed goods. In the partial week that ASD was actually up after investing (yes, INVESTING) $500, I didn't get a single hit. Very expensive if you want to push the advertising angle of this scam.
By the way, I wonder if the testimonials from the previous post are real people, or just another part of the scheme to lure more people into this lucrative undertaking? Did anyone else notice that the attorney, if that's what he is/was, doesn't even know how to spell principal? He claimed in his legal opinion that he was the "principle" of a specialty law firm! Judging from the bad grammar and spelling on so many of the posts in this forum, that detail will be lost on many, I'm sure. I noticed it, and still went ahead with joining, expecting a double bonus...great advertising PLUS gobs of rebates and commissions. After all, didn't the terms explaination of how the money was distributed come up with a total that was less than 100% of the advertising purchases? That is the part that probably convinced many people that ASD was a sustainable business. It did fool me for a little while (almost a week). The problem is that when you do the realistic math, the amount of money that would have to go out to pay all the funds in members' accounts significantly exceeded what would have been in ASD's cash accounts, including all that was reinvested purchasing additional ad packages, matching, commissions, and compounding. If you can figure out what amount of ASD "sales" proceeds had been spent and moved offshore for Andy's own use (how about the others in on this scheme, as well), the amount available to pay the members their moneys due would have been even less. Granted, the money that members reinvested in additional ad packages is realistically gone, since there was no guarantee of ROI, no matter what word you call it. There are probably tens of thousands of members who thought they had accumulated tens of thousands in future due income. It looks like they were deceitfully misled, and now don't have a leg to stand on legally. They may be the lucky ones, though, as they haven't taken out enough rebates and matching funds to have a big judgement bill to pay once this goes through the courts. My fear for them, though, is that they will be forced to pay back their downlines' investment amounts. Then there's the tragedy of broken trust in their relationships and the hardships for the naive victims, plus the guilt of those that convinced their downlines to invest more than they could afford. Learning and street smarts often come at a price. This time I hope that the unwitting and clueless victims aren't the only ones to pay. If government agencies are reading these blogs, I ask you to enact stronger legislation and to set examples to discourage future scammers like the ones involved in this one. |
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#254 |
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I wonder how many people had their checks bounce from asd? Sorry all for your loss.
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#255 |
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#256 |
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Yes, I seriously doubt that any checks bounced early on, prior to the fed action.
Why? Because in the early stages of a ponzi or pyramid, the money POURS in and the ultra high rates of return to the early participants is what drives the frenzy. The mere fact that people are receiving funds at a perceived high rate is what validates, in the minds of the participants and their prospects, the validity of the scheme. Unfortunately, not enough savvy people look behind the curtain to see HOW those yields are being paid. Pete |
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#257 |
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Well from reading the court documents and witness documents ASD WILL BE BACK! and all of you will be eating crow!
The expert's have clearly defined ASD NOT A PONZI! |
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#258 | |
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I had a check for $1000.00 Bounce after the funds were froze. I cashed mine the day before the feds stepped in and by the time it got back to BOA it was not good anymore. BUT before that all my checks were good. |
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#259 |
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#260 | |
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Expert attorneys that are not paid for by Andy, they are experts on Ponzi's Go read all the documents for yourself! Attachments: Emergency Motion.pdf, 133 KB Exhibit List.pdf, 4 KB ExhibitA.pdf, 15 KB Attachments: ExhibitB.pdf, 1.1 MB ExhibitC.pdf, 345 KB ExhibitD.pdf, 2 MB |
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