Anatomy of Stock Fraud
This is a description of the largest penny stock pump and dump fraud in US
history that I'm aware of: the people involved and how
it was done.
Based on months of research and talking with many
of the people involved in these stock promotions,
On October 4, 2006, the US Attorney filed these
charges against former Judge Sam Currin
which validates the information you can read below. In the US Attorney's
charges, Mr. J=Jeremy Jaynes, O=Don Oehmke, Mr. K=Bryan Kos, Mr. R=Jere Ross,
and Mr. H=Walter L. Hannen, Sr.
On April 18, 2006 Howell Woltz got arrested by the FBI. He's
currently in jail without bail. On September 5, 2006, the Virginia Court of
Appeals upheld the nation's first felony conviction of illegal spamming against
Jeremy Jaynes. He should shortly begin a 9 year prison term.
This page started innocently enough. By late
August 2004, I had
received 18 "pump and dump" faxes from what appeared to me to be the same people, so I decided to find out who sent them so that I could bring legal
action(s) against the perpetrators in court. That's in fact what I did and I've now won
multiple judgments against Tom
Heysek. I'm currently (as of March 21, 2006) involved in three different
law suits with certain people/entities named on this page.
This page documented what I found in my research
for my cases as I sought to put together a case for legal liability of the
person(s) responsible and understand how they did this so I could describe it to
the court and submit this web page (both in printout form as well as the URL
itself so the judge could more easily explore the backup information by clicking
on the hyperlink) as my collection of evidence in my trials in small claims
court. This is a much more digestible form for the court than the over 500 megabytes of
computer files I accumulated during my research. So I used a web page for my own
legal cases
and for use of the court in inspecting the evidence. The most
important audience for this web page is the small claims judge in Palo Alto,
CA.
Even though the contents of this page is
privileged under CA CIV 47, because this is being done in a public forum, I have
tried to author the page as if the privilege didn't exist, i.e., everything is
accurate. If I have made a mistake, I am happy to correct legitimate errors that
are pointed out.
But I also realized that my page may be
useful to others such as the
FBI, SEC, and DOJ and anyone else who might have information to help me win my
cases or who might be bringing litigation of their own. The web has proven to be invaluable for this
as well as I have been contacted by
many people who have contributed very useful information that has helped me
understand what happened and who is liable and win my cases. In return for the help I've received,
I've added additional information that might be useful to others contemplating
legal action.
Millions of junk faxes were sent out, lots of
people lost a lot of money, and I believe this is among the
largest penny stock scams in US history, which makes the research I have done in
my case a matter of
significant public interest as well.
Note: The people
involved changed throughout the promotion period. The term "they" normally
refers to the masterminds and legally liable co-conspirators behind the fraud,
e.g., "they made $20M." Most of the people mentioned on this page
are players, i.e., they were involved in some way, but were not responsible or
criminally liable for the fraud.
If you are a victim of the
fraud described here, you can join this Yahoo group. This is a moderator-post only group so you will
only receive a small number of critical emails a month regarding legal actions
that are being taken (if any):
Yahoo! Groups
cnddStockFraud
If you lost funds, it is
critical that you register the
amount that you lost here:
How much did you lose CNDD,
AHFI, TWTN, BDYS, SGNJ, BHLL
so that you can
be contacted in the event someone can help you or you can help someone else
bring legal actions.
Note: One of the players told me he thought the total take was close to
$100 million.
Jaynes was sentenced to 9 years in prison, but that was for spamming; he's never
been arrested for stock fraud and he's never served any time in jail since his
case is being appealed. The people who were charged by the SEC, even if they
lose their SEC case, will spend no time in jail for that action and then may
just do it again, hoping not to get caught. Why? Because the worst the SEC can
do is just force you to return the profits that they can locate. Some people
believe that it's just smart business to keep doing the scam
over and over again since the worst that can happen is that you get reset back
to zero, but the best outcome is that the SEC can't find the money and you get
to keep it all, even if you lost the suit.
Most recently calling themselves:
PrimePennyStock aka
Penny Stock Investment Advisor – Penny Stock Guide
and promoting BHLL. But no longer (as of 5/16/05).
Were (for a while after Tom Heysek stopped being involved) calling themselves
Penny Stock Investment
www.pennystockinvestment.com
www.shesahoe.com
www.efficientleads.com
(these sites are defunct as of 1/10/05, just days after I posted this)
with a sister site:
www.pennystockpro.com
Penny Stock Investment Advisor
Previous websites associated with one or more of the people mentioned here include:
www.WinningStockPicks.net
www.uspennystocks.com
www.hotstockfinder.com
www.hotstockpicks.net
Fire Your Broker! Stock Picks (FYBSP)
www.thepennystockpicker.com
Micro-Cap Hot Stock Picks! (MCHSP)
The Micro-caps News
Wall Street Stock$ (WSS)
Hot Stock Picks (HSP)
The BEST Penny Stock Picks! (BPSP)
PowerHouse Stock Picks (PSP)
Big Profits Stock Picks (BPSP)
Winning Stock Picks (WSP)
Hot Penny Stocks! (HPS)
The Penny Stock Investor
The $tock Insider
The$tockInsider
The Stock Insider
TheStockInsider
The Street Insider
streetinsiderstockpicks.com
TheHeysekReport
TheHey$ekReport
"Meatloaf" (on Raging Bull)
www.greatstock.net
hotstockcenter.com
Newsletter: The Optimist (TO)
Investor Letter: Market Cents (MC)
Hot Stock Finder.com
Worldwide Picks LTD
The Stock Profit:
From
their former
www.winningstockpicks.net website:
Tom
Heysek, the Editor of the WSP newsletter and our financial guru, has extensive
experience in stock investment analysis and financial forecasts. His stock tips
and financial expertise help WSP members to make informed investments!
I don't believe that. Nor do I believe that their
criteria to be "selected" by them for profiling is true either.
The website was part of the scam.
This page explains who was
involved, how they probably did it (educated guess based on the evidence I
uncovered), and how they illegally made tens of millions of dollars
in full view of the
public without getting arrested
or stopped.
Here's the
evidence of heysek's liability
I prepared and submitted to the court in my cases against him. I recommend you
not sue him. I believe he is no longer involved in illegal activities.
Note to law enforcement:
There is more information posted on a secret website if you are a government
agency investigating this case.
Use the contact link.
Note to all readers: If
you believe any of the information below is incorrect (false or misleading), please use the contact
link and let us know exactly what is incorrect and how you know that (e.g.,
objective evidence supporting your claim) and a way to contact you to discuss
the matter.
UPDATES
11/28/06: The
Securities and Exchange Commission announced that on November 28, 2006, Chief
Judge William J. Zloch, United States District Judge for the Southern District
of Florida, entered a Final Judgment of Permanent Injunction and Other Relief
against Defendants Bryan Kos and Donald Oehmke. The Final Judgment entered with
the consent of Kos and Oehmke, enjoins them from violations of Section 10(b) of
the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. Additionally, the
Final Judgment permanently enjoins Kos and Oehmke from participating in an
offering of penny stock and from participating in an unregistered offering of
securities while acting as, or on behalf of, or in association with an issuer,
underwriter, broker or dealer of securities. The Final Judgment orders Kos to
pay disgorgement in the amount of $499,573.00, prejudgment interest of
$29,573.00 and a civil penalty of $120,000 and orders Oehmke to pay disgorgement
in the amount of $1,095,177.00, prejudgment interest of $109,307.00 and a civil
penalty of $250,000.00.
The Commission commenced this action by filing its complaint on February 14,
2005, against Kos and Oehmke, among others. The complaint alleged that Kos and
Oehmke defrauded investors by artificially creating demand for stock they owned
in Concorde America and Absolute Health through unauthorized and false press
releases, facsimile and e-mail spams, internet websites, promotional videos, and
automatic voice-mail messages since approximately 2004.
For more information, see
Concorde
America, Inc., et al. Lit. Rel. No. 19948 - December 18, 2006.
4/24/06: Hearing is
held to determine bail for Howell and Vernice Woltz. See WoltzBailObjection.pdf.
Judge says no bail. It appears they may be spending the rest of their life in
prison.
4/20/06: I find out
that I'm not the only person Howell has sued. I reported that David Hagen of
GTXC used Woltz. This article solidifies that connection since it references a
court case where Sterling
is suing GTXC.
4/18/06: Howell and
his wife Vernice are arrested by the FBI at their home in Advance, NC. See:
3/24/06: SEC files new
documents in the Bio-Heal case. The wire
transfers info beginning on page 103 connects Sterling Trust (Anguilla) LTD with
BELA Enterprise LTD. Bela caused money to be wired to Hansen, Currin law firm (Jaynes'
attorney),
and I-Max Direct, a media firm used by Jaynes and Kos.
3/1/06: Howell Woltz,
Vernice Woltz, and
Sterling ACS file a libel lawsuit against me in the Bahamas.
1/20/06: Warren
Hansen's lawyer contacts me complaining that the info about Hansen is false and
malicious. I re-validate the information with various sources and update the section on
Hansen to add even more material. It is
now quite a bit more extensive than it was and more people are implicated. I ask
Hansen's attorney for specific statements that are erroneous so that they can be
corrected. They are unable to cite any factual errors. I have
the conversation
on tape.
7/19/05: Tom fails to
show for the contempt hearing. Judge issues a
warrant for the arrest of Thomas M. Heysek. I later let him off the hook in
exchange for some documents that I turn over to the SEC.
5/12/05: Tom fails to show for his contempt hearing in Palo Alto today at
2pm. I applied ex parte for a civil bench warrant for
his arrest today. Also, I noted that the Penny Stock Investment Advisor site is
now kaput.
4/25/05: Bio-Heal
Laboratories, Inc. (BHLL)
complaint filed by the SEC. Many of the same key players (e.g., Kos, Jaynes, Oemke,
Woltz, Hansen) appear to be involved in this one as well (see entry above at
3/24/06)
3/28/05: Now calling themselves:
PrimePennyStock aka
Penny Stock Investment Advisor – Penny Stock Guide and promoting BHLL.
For more on BHLL and Kos, see the lead story at
The Our
Street Report as well as
StockLemon.com.
It's the same cast of characters promoting this stock according to the BHLL
complaint filed by the SEC on April 25, 2005. Note that the stock went
to Ventana Consultants (Don Oehmke) again.
3/17/05: SEC takes
action against BDYS and it's CEO. They were a Heysek-promoted company. See
Bodyscan
Corporation and Anthony Sciuto Lit. Rel. No. 19141 - March 17, 2005
2/16/05: SEC takes action against the main players
listed below with a very extensive amount of
evidence filed; they found they made nearly $28M on CNDD and AHFI alone!
1/3/05: Heysek showed
up and contested the case but I won all 8
cases in Palo Alto Small Claims
Court (1pm at 270 Grant Av). So Heysek now owes me about $47,000 plus interest
for the 18 faxes that he asked him to sue him over.
12/15/04 UPDATE:
Heysek is definitely a man who just can't seem to stay in one place for very
long. Heysek normally rents, rather than owns. This makes it harder to collect
judgments. He
apparently hasn't been a very good tenant though. According to
Marin County Superior Court records (you have to actually go to the courthouse
to look these up on the computer there; it isn't available on the Internet), Heysek has had 7 unlawful detainers filed
against him since 1997 (he's averaging about one a year). In addition to the
unlawful detainer suits, there is also a case in Marin of Heysek's own attorney
suing him! Heysek is currently suing his previous landlord. Heysek was living at 41
CONSTITUTION DR, CORTE MADERA CA 94925. No longer. He's gone as of September 30,
2004. And he also cleaned out his office at 50 California Street Suite 1500 in
San Francisco and disconnected his phone with no forwarding number. Heysek
is using Brian F. Kram (California attorney) on his case against his former
landlord, just as he did on mine. The attorney representing
Heysek's former landlord is Mary Casserly (510-913-6986).
12/9/04 UPDATE: Heysek
didn't show up for my 10 small claims cases against him for sending me the junk
faxes. I won a default judgment for $25,000. As far as I know, other than my
$25K judgment against him for sending junk faxes, and Mayflower's $35K judgment
(present value with interest) because he stiffed them (case citation is below;
Norman S. Marshall is the attorney at 626 449 1732 x17),
there aren't any other judgments against him. Just goes to show how you can scam
people out of millions and walk away (relatively) unscathed. His next chance to
defend himself is January 3, 2004 at 1pm in the Palo Alto, CA courthouse.
Typing in the URL for AHFI (www.ahfi.net)
used to bring up the uspennystocks.com site! Here it is preserved for posterity
showing the link between AHFI and Kos: ahfiWhois.pdf.
Other sites discussing the AHFI
scam are here:
11/22/04 UPDATE: The
winningstockpicks.net and uspennystocks.com sites have been shut down.
Fortunately, I created a PDF file of every page of USPennyStocks.com at uspennystocksSpider.pdf
so you can find the criteria page above as well as other pages in this PDF. I
also spidered their website in HTML form before they took it down, but this
isn't posted on the web (let me know if you need it). Also, they've changed their identity yet again. They are now called www.pennystockpro.com
aka Penny Stock Investment Advisor - Penny Stock Guide
and are currently pumping AHFI where they recently (12/3/04) moved as many as 10 million
shares at $3/share.
The disclaimer on the
www.pennystockpro.com site used to say (e.g., on December 5, 2004): "PennyStockPro.com
is not affiliated in any way with Tom Heysek or Winningstockpicks.net." They
removed it a few days later... since it certainly raises a lot more questions
than it answers! Of course it's still probably Bryan Kos and crew. Just putting a
Disclaimer saying it isn't doesn't make it true.
Also,
www.hotstockfinder.com used to
promote AHFI, but they pulled the website. Here's the cache of the
www.hotstockfinder.com site before
they did that:
HotStockFinder.pdf
These guys made a big
mistake: they sent me a unsolicited fax. I'm the last person on the planet you
want to send a junk fax to.
Here are 18 faxes I got from Winningstock picks:
wsp18faxes.pdf. It appears that some of these were sent by Protus IP Solutions.
But we also know they used fax.com, e.g., see page 5 of VerifiedSamplesJul04
which promoted TWTN, another WSP stock. I also verified this with former
employees at fax.com and there is extensive evidence that proves that fax.com
sent out these promos.
I've never
lost a junk fax case because I'm always super careful to only sue people I can prove
are liable.
This case was intriguing because of the sheer volume of spam
they've sent out as well as the incredible lengths they've gone to in order to
make themselves "invisible." They tried to hide behind a company
manufactured in Anguilla (where it's illegal to disclose who formed the
company), used an address in the Bahamas (out of reach of US law), and used
their Florida legal firm's bank account to make vendor payments in order to hide
behind attorney-client privilege so that there is no person nor company to
sue.
When I called Heysek,
he denied sending the faxes and dared me to sue him. Tom said I was a "chicken" if I
didn't sue him. He said he was counting on my suing him and would be really
disappointed if I didn't.
Well, to be honest, that
ticked me off. Chicken eh? So I took this
as a personal challenge. I have never found any spammer I couldn't uncover and
these guys are no exception to the rule.
In fact, after I figured it out, Tom
changed his mind and told me not to sue him!!! Unfortunately for Tom (and his
gang) his request came too late. He's not calling me a chicken anymore.
It was quite an adventure.
I've spent several hundred hours over two months (July and August 2004) trying
to figure out exactly who these guys are and how they do it. There were hundreds
of pieces to this puzzle and I was able to piece just about all of them
together.
This page
is published to help aid those people (including myself) who are investigating this matter
as part of a legal action. It is
also posted as an aid to people who are thinking about suing those people who
are truly responsible for sending the faxes and/or the stock fraud. Or even if
you are merely curious as to how e-mail spammers make money, you'll find the
story a fascinating read; how people can illegally make tens of millions without
anybody in law enforcement stopping them until just recently when one of the
core players, Jeremy Jaynes, was sentenced to 9 years in prison by a Virginia
jury; but that was for spamming, not for illegal stock promotions.
So in what
follows, I will explain what the all evidence I got indicates. While the stuff done here
is obviously criminal, I am not accusing anyone of
a crime here. I am just reporting the facts based on
my first-hand research (Internet primarily but using both public and proprietary
databases), personal contact with the people involved (including personal conversations with Heysek,
Kline, Ross, Rutkowski, Katz, Lord, the Woltz family, the Paulson
brothers,
Frappier, Cuadra, and several former employees of fax.com) and with evidence which I have been able to
uncover through a large number of subpoenas.
This information has been
shared with my contacts in the Attorney General's offices, the SEC, the FCC, the
FBI, and the DOJ.
DEFINITIONS
"WSP" when
used below means www.winningstockpicks.net
aka Worldwide Picks LTD (the company behind the websites). See the full list of
former names at the top of the page. They changed the names they used often.
YOUR GUIDE TO THE PLAYERS
First, we introduce to you
the cast of characters in our incredible-but-true real-life saga. The
following people are covered here:
Jeremy
Jaynes aka Jeremy Dagan Jaynes aka Jeremy O Jaynes aka Gaven Stubberfield
(Cary, North Carolina)
A top 10 ROKSO e-mail spammer (see ROKSO
page on Jaynes and Rutkowski). Hangs out mostly around the Raleigh and Cary, North Carolina
area. Partners with Bryan Kos to engage in stock scam pump and dumps for due to
high return on
investment. Gets personally involved in
the execution of promotions.
Jaynes
reportedly paid Ted Sampson $500K in cash to purchase 50% of Beyond Fitness/AHFI.
Reportedly, Woltz was involved with this transaction.
Jaynes is
kind of in a little trouble right now in
Virginia. He was arrested and faced up to 20 years in prison for spamming:
Raleigh businessman arrested on felony spam charges - 2003-12-11 - Triangle
Business Journal and
12-11-03 - Spam Arrest. He got lucky and was
sentenced to only 9 years by the jury.
I spoke to the lead
prosecutor on the case, Russell E. McGuire, and the following facts came out at trial (and reported
in the press): Jeremy lists
his net worth at $24 million and he was making at least $500K/mo in his spamming
business before being arrested.
Jeremy used to own
Vinnie's Steakhouse & Tavern
which is a real restaurant in Raleigh, NC, but he sold it in 2003. Food quality at Vinnie's has reportedly declined under
the new management so perhaps this was a bad move.
As noted in news articles, Jaynes also is a part owner of Beyond Fitness aka AHFI
aka Sampsons' Gyms (919-816-9853),
which is one of the stocks promoted by WSP. So it wasn't just two email spammers
joining forces... Jaynes was a stock promo client of Kos and, in turn, Jaynes helped
Kos with the
promotion. Crooks helping crooks you might say. For more info, see Raleigh
spammer faces prison time (Nov 14, 2004).
Moral of the story: Jeremy
should have stuck to the restaurant business.
In the SEC's depo of Randall
Rohm, Rohm said that in early 2004, Jaynes boasted of owning 10 shell companies
and doing approximately 100 reverse mergers in the past four years and admitted
that Kos was his business partner.
Jaynes used Howell Woltz for
asset protection (concealing money transfers).
Attorneys used by Jaynes
include: Sam Currin, Robert Shawn Wellons, both of whom have been indicted on
criminal charges themselves (see Sterling entities
information).
Bryan
Kos (Quebec, Canada): Promotional top dog
Like
Jaynes, Kos is also a top ROKSO
e-mail spammer (see ROKSO
page on Kos). However, he wasn't as successful as Jaynes. In early 2003, he
didn't have much available cash.
Born and lived in the US (Sunnyvale CA, Scottsdale AZ, and
Chicago IL). Went to high school at St. Viator High in Arlington Heights, IL.
He's now based in Quebec partly because he thinks he'd be harder to get there
and partly because his wife Caroline is from there. Kos and Jaynes
hooked up in 2000 and are the top
people which is consistent with their psych profile as well (i.e., they don't
take orders from anyone). According to one of Kos' former
associates I spoke with, Kos, like Kevin Katz (of fax.com), is very charming and charismatic in person. People
want to like him and help him. Just like Katz, his charisma creates a huge sense of
loyalty to him that transcends their better judgment.
Kos is co-founder of SGNJ,
a heavily promoted WSP stock. Not really surprising because the profit
margins are much higher on a pump and dump when you own the whole company,
rather than do it for someone else.
Kos' ROKSO page says this: "Another long time spammer. Normally
spams for hire using free websites or "fake free websites" that either he, or a
spamming partner run. Normally spams porn and illegal stock hyping schemes."
Kos's main company is Internet Opportunities aka IOPS Inc aka
www.i-ops.com aka Internet Promos LLC aka BK
Ventures aka XTR Capital Resources, LLC based in Canada (see the
ROKSO
page for more info). He started IOPS around 1996. IOPS actually stands for
"Internet Optimized Promotion Services."
Kos is quite
diversified as he describes in this
e-mail excerpt from 2001 where he is recruiting for talent:
Internet Promos is an
Internet company that owns an ever-growing number of Internet Properties. We
own a Financial Education Center including many Financial Newsletters,
Dating Services, as well as many additional Free Newsletters on diverse
topics (such as: Health, Travel, Credit, Taxation, etc.) as well as an
Internet Public Relations Firm specializing in the promotion of Public
companies.
Note that he forgot to
mention his porn business. Here's just one of the websites he created to promote
the I-OPS turnkey porn business: Koss
porn promo.pdf. Kos will supply the porn expertise and marketing guidance;
you run it.
As noted in the writeup, IOPS provides "investor relations
services" as one of their core businesses. Investor Relations (IR) is the
euphemism that they use to describe their illegal "pump and dump"
stock promo business. For example, they provided "investor relations
service" to Advanced Optics
Electronics Inc. according to their SEC Form SB-S/A Filing of 9/21/01.
He's been involved with promoting a lot of stocks including the WSP
stocks as well as the stocks listed in the next paragraph.
In 2000, Kos, started with Steve Reid (THE
WIZZ KID) using the names "MOEBIUS-Emerging Company
Reporter", Moebius "STOCK PICKS." In 2001, Kos switched to
Heysek as "The Penny Stock Picker" and The Heysek Report and
Micro-Caps News. From April 2001 to April 2003, Kos and crew promoted the
following roster companies: Wasatch Pharmaceutical (WSPH),
Ziasun (ZSUN), UICO, ARSN, ESPB, ZABC, FASI, TELI, DDD, First Aid Direct (FADI)
in 2001, Thaon
Communications Inc. (THAO) in April 2001, VisualMED Clinical Systems (VSMD),
Regency Group Limited (RGNC), MLM World News Today, Inc. (MLMS), Biomerica Inc.
(BMRA), HouseHold Direct, Inc. (BYIT), CastPro.com (KPRC), Internet Venture
Group, Inc. (ITVI), NanoPierce Technologies, Inc (NPCT.OB), KCS Energy, Inc. (KCS),
Parallel Petroleum Corporation (PLLL), Contango Oil & Gas Company (MCF),
American Bio Medica Corporation (ABMC), Bradley Pharmaceuticals, Inc. (BPRX),
Lynx Therapeutics, Inc. (LYNX), Questcor Pharmaceuticals, Inc. (QSC), Align
Technology, Inc. (ALGN), Derma Sciences, Inc. (DSCI.OB), Endocardial Solutions
Inc. (ECSI), I-trax.com, Inc. (IMTX.OB), inTEST Corporation (INTT), MDSI Mobile
Data Solutions Inc. (MDSI), Vital Images, Inc. (VTAL), EP MedSystems, Inc (EPMD),
eUniverse, Inc. (EUNI), Ostex International, Inc. (OSTX), Carroll Shelby
International Inc. (OTC BB:CSBI), and Genius Products,
Inc. (GNPI).
Kos also promoted Geoffrey
Eiten's OTCFN.com aka OTC Financial Network (OTCFN) a full-service financial
communications and investor relations firm that specializes in emerging
micro-cap companies listed on the OTC Bulletin Board (see
Stock Profit About Us showing Kos' promotion). More about Geoffrey Eiten can
be found here,
Eiten
posting on Silicon Investor, but the article is incorrect as I only found
that Kos promoted OTCFN.
Here's more on Geoffrey Eiten
aka Geoffrey J. Eiten:
-
From
New York Post Online
Edition, Geoffrey J. Eiten: Arrested, convicted and sentenced to prison
in 1984 for cocaine possession with intent to distribute, Eiten was
dismissed by his next six post-incarceration employers, and thereafter
opened a Web-based penny-stock touting firm called OTC Financial Network.
The Web site lists none of his previous brokerage-industry employers, though
it speaks of the "high esteem" in which he is held in the investment
community and the fact that he has appeared as a "guest analyst" on CNBC's
"Squawk Box" cable TV show.
-
for more info, do a
SiteSearch on Investrend.com for
articles about Eiten, and the services he allegedly uses to hype LocatePLUS
Holdings Corp (OTCBB: LPLHA), including TheSubway.com.
I obtained a copy of the Genius
Products, Inc. contract with Kos, for example. The short story is that he gets
paid based on a fixed dollar value of the stock calculated right before the
promo starts. Specifically, in this particular case, the payments are:
- $50,000 in shares - price per share to be that on the day that
the Company gives the "go-ahead"
- $25,000 in stock due the day the Company gives the "go-ahead"
- $25,000 due 30 days after "go-ahead" date
Therefore, Kos is
incentivized to blow up the price as high as he can so he (and the company that
hired him) can sell their
shares at the inflated price.
Here's some more info on
NanoPierce, for example, which Kos promoted sometime around April 2002:
The CEO of NanoPierce has
been sued by the SEC three times for fraud. Their current stock promoter and
past stock promoter is currently being sued for securities fraud for
illegally promoting the scam stock.
See
Nanopierce Technologies Inc., NPCT Paul
Metzinger CEO, potential securities fraud NPCT.ob
Note: the author of that
page is being
sued by the current stock promoter for libel, but has won the first 5
rounds.
Here's a
screenshot of the i-ops home page on April 18, 2001, showing The Penny Stock
Picker and The Heysek Report: i-opsHeysekReport4-18-01.pdf.
Here's a writeup on THAO on
i-ops.com in April 2001: Thaon
Communications Inc. (THAO)
Here's the pitch i-ops.com
used to solicit "investor relations" (IR) business: i-ops.com Investor Relations "pitch"
Here is Bryan Kos
management team. Caroline (who is
listed on that page) is his wife, Caroline Kos aka Caroline Archambault. The key
thing here is that the two top executives are Kos and Heysek.
In his SEC deposition, Bryan
(like Oehmke) basically answered "Fifth Amendment" to most of the questions.
In his answer to the SEC complaint, he denied everything.
His attorneys are William
Nortman (based in Florida), and his long-time counsel, David J. Levenson
(Potomac, Maryland).
Thomas
M. Heysek aka Tom Heysek aka Milton Thomas Heysek aka "Meatloaf" (San Francisco, CA):
The editor of WSP
The editor of winningstockpicks.net aka USPennystocks.com aka
www.thepennystockpicker.com aka
Fire Your Broker Stock Picks aka The Heysek Report aka Micro-Cap Report aka
Micro-cap News aka Heysek Research Corp aka the Penny Stock Picker aka
PennyStockPicker. Other newsletter names include "Exit Wounds" It's the same Tom Heysek behind all
these entities. He's the
"candyman" here, or should I say the CNDD man? He can
take a company with no revenue and package it with his writeups (with the
appropriate illegal fax and spam advertising) to a $2 billion dollar market cap (like
he did with CNDD). He uses his real name probably to make things look
more credible.
He's one of the people liable
under the TCPA for sending those junk faxes to you. See
evidence of Tom Heysek liability for sending junk faxes
which contains links to copies of the original documents that were used in the
scam.
Heysek's resume
on the USPennystocks.com site (or look at p. 6 and 322 and 323
4MB archive of his past WSP issues) of is missing critical details of places
of employment that have been expunged (like that he learned his craft under Ray
Dirks at Security Capital in 1999 and that he worked at Med Gen) and other
things have been "inflated" just like his stock writeups.
The "company that was
re-named Asian-American Capital in 1993" mentioned in his resume was registered
in Florida on May 2, 1990. It is Inactive, the Registered Agent resigned October
11, 1990, and the only officer listed is Thomas M. Heysek, 9887 N. GANDY BLVD.,
ST. PETERSBURG FL. His registered agent was Max C. Tanner of Las Vegas, Nevada.
Max is currently serving an 8 year prison term for evading $2M on profits from
an illegal stock swindle (NY Times, November 9, 2002).
More fascinating is
Heysek's real resume, his broker file: Thomas
Milton Heysek CRD#: 2375660 showing his real jobs and disciplinary
action against him for entering into contracts that were not authorized,
not telling the truth when confronted by management, placing stocks into
accounts without their permission, mishandling customer funds, etc.
Compare his Central Registration Depository (CRD)
history with his self-proclaimed "resume"
and it doesn't seem like you could possibly be talking about the same
person since there is nothing in common other than it is absolutely the
same guy (even the social security numbers match up; Tom uses at least 4
of them).
Heysek and his current wife,
while still working for Securities Research and Analysis, Inc., moved from
Florida to Santa Cruz, California in September 1996. We know that because Tom
didn't pay the moving company. OK, it wasn't like he forgot or anything...
According the Mayflower attorney, Heysek actually defrauded the movers with
phoney papers. Mayflower filed suit against the Heyseks and won a default
judgment of $21,980 on April 9, 1998 (1998 WL 184328 (N.D.Cal.)) which Heysek
never paid. Are you surprised?
Heysek was very tight with
Kos until I blew his cover and had been since around 2001. For example, a spam
of 2/28/01 promoting CHWT and "The Heysek Report" is from
stockfinder5@i-ops.com (see
StockTalk Discuss ATEL - ACCESSTEL INC (#62-127)). Whoopsie! That was a
mistake. i-ops.com is Kos. So we have proof that Heysek and Kos go way back to
the beginning of 2001! There was a lot more. For example, http://www.i-ops.com/pennystockpicker/
used to host Tom's newsletter. See stuff below for more about Heysek and his
training under Ray Dirks in 1999 (they have since parted ways).
According to his employment record on file with the National Association of
Securities Dealers (CRD history),
Heysek has held five jobs on Wall Street over the past decade, and has been
fired from three of them, for offenses ranging from "unsatisfactory sales
practices" to "improper handling of customer funds." That is neglected from his
resume on his website. I'm sure that is probably just an inadvertent oversight
that Tom forgot to mention. Also, Tom forgot to mention that in the midst of
working for Kos, he also did double duty as VP Finance and Chief Compliance
Officer at Med Gen Inc, according to the
Med Gen Inc 10KSB filed on 12/20/01 (symbol: MDGN.OB) and then was VP
Investor Relations and Compliance according to a
Med Gen press
release on January 14, 2002. That's the same company that brought you
Snorenz where on March
29, 2001, the FTC found that the advertising was full of unsubstantiated claims
and that they failed to disclose that a purported expert endorser featured in
some of the infomercials for the product had an investment in Med Gen, giving
him a financial interest in promoting sales of the product. Remember, Tom was in
charge of Compliance at the company.
Also, Tom fails to mention
the name of the third party that paid for the promotions he does. That is a
violation of SEC rules. SEC Regulation 17(b) as interpreted by the SEC requires
the full compensation to be disclosed, and if from a third party, the specific
source of the compensation and the relationship of the payer to the issuer (see
the SEC statement at
Investrend.com, for example).
And his track record of picks
in his newsletter? Well, all I can say is that I could find the buy
recommendations, but not the sell recommendations! Try for yourself.
Here's his claimed buy/sell
"track record":
NewsletterTrackRecord.pdf
Here's what he actually wrote
at the time: 4MB archive of
his past WSP newsletters. Note: None of the magically timed sell orders
listed on the track record can be found; just the buy orders. What a surprise!!!
I spoke to Heysek on 9/24/04.
Heysek claims he has no clue who sent the faxes and who made the $40M+. He says
he only gets paid $10K to $20K per month via wire transfer from the Bush Ross
account that is set up to pay everyone. He said he talked to Hartley and got 14
pages of notes, had Hartley initial every page, and he then boiled it down to
2.5 pages. He asked me what I wanted. I said I wanted to know who sent the
faxes. He said he hired a detective and he knows where they are coming from and
he said it was all in-state so the federal laws don't apply (which of course he
is completely wrong about). He refused to tell me the numbers the faxes were
from saying I would have to pay for that information. He said he had no idea how
anyone could make $40M+ on Concorde and had no idea who did it. He admitted he's
talked to Kos, Oehmke, and Lord. In his court filing against
me, he claimed his real name is Milton Thomas Heysek, but his real name (which I
verified with his ex-wife) is Thomas M. Heysek.
For a guy who is so innocent,
one has to wonder: 1) why did he want so desperately to quash the subpoena for
his financial records? 2) why did he tell me he's closing all the accounts I
discovered? Innocent people wouldn't have to do any of that.
Heysek tried filing Chapter
13 bankruptcy on 1/22/93 in Florida but then he requested his dismissed. Case
93-00712
if you have a pacer account.
See
evidence of Tom Heysek liability for sending junk faxes
which contains links to copies of the original documents that were used in the
scam. I have more information on
Heysek and if you have a need to know, you can contact me about that.
Andrew
M. Kline (San Rafael, CA):
STOCK FRAUD ASSISTANT
Heysek's "partner" in creating fraudulent stock writeups. The two of
them constitute the editorial staff for WSP. After I pointed out to Kline that Heysek's
report on CNDD can't possibly be reasonable and was so outrageously false, Kline
hung up on me. I must have really gotten to him because five minutes later Heysek makes a threatening phone call to me to back off my cases against him
(which confirms he was served). Tom didn't say "please" so I ignored his "request."
It could be that Tom never saw any of the Barney tapes about "please and thank
you are the magic words" when he was a kid.
The only possible explanation
for Kline's reaction I can think of
for this is that Kline knows exactly what he is doing. That fits the facts since
anyone honest with half a brain (and Kline is a member of Mensa) would immediately figure out what Heysek is doing; they wouldn't
need me to point this out. The CNDD
profile is just a mind blower...full of impossible assertions like 0 to $600M in
revenues (and $400M in profit) in 4 months from a standing start. Anyone with basic
financial analysis skills could see the fraud. The fact that Kline had no interest in the facts
suggests he's like a mini-Heysek, a "Heysek wannabe," learning the tricks of the trade from the
master. I'll bet he is paid pretty well...maybe he even gets a cut of the action.
Kline worked at the family business
Noe
Valley Cyclery just a few years ago (on or about 2000). I called over there at around
10:20am on 8/17/04 at (415)
647-0886 and spoke with the owner, Lawrence E. Kline, Andrew's brother. He
refused to say anything about his brother, not even verify dates of employment. It's a bicycle shop.
Impressive credentials. That seems like the perfect background for evaluating
complex speculative investments.
Kline spent 5 years in jail
in Bolivia for possession of marijuana and 18 months in jail in the US for
intent to distribute hashish. Other than that, he's clean as a whistle!
From
Drug Trafficking on the
Great Silk Road: The Security Environment in Central Asia:
Uzbek security arrested
Andrew Kline, who was a citizen of the United States living in Bolivia. He
wasreportedly a coordinator of activities between the Afghan and South
American drug dealers
Kline got paid by Heysek
(wire transfers from Thomas Heysek Associates and checks). Kline never made any
big money on this.
Dan Hartal (Montreal,
Quebec, Canada)
Dan, who is lives on Queen Mary Rd in Montreal, Canada, collected checks (the
few there were) and handled upsells to premium packages for
winningstockpicks.net. When we talked to him Hartal claimed he was just a
"consultant" but that isn't true. He's a team member and this isn't the only Kos
venture he's been proven to associate with. For example, at Ericware
Technologies, Dan is the "Investor Relations Department" and Tom
Heysek wrote the research report. You can talk to Dan at 514 293 7660,
but he's probably not going to want to say very much.
Don Oehmke
aka Donald Edward Oehmke aka Doc Oehmke (Kalamazoo, MI)
According
to Lord, Oehmke was the
purchaser of all of CNDD's stock that was traded (a WSP promoted stock) as well as Chairman of SGNJ (another WSP promoted stock) and Ventana Consultants LTD,
Kalamazoo, MI. Oehmke arranges the stock transactions since he's
"experienced" in this area (see Rel. No. 41755 - August 18, 1999
for his credentials).
Oehmke and Kos incorporated SGNJ, for example. Even though the
Nevada Secretary of State record for Storate
Innovation Technologies Inc shows the name "Scott Wilson," that's
just a dummy name. I was
able to find a paper trail that proves that it was actually Kos and Oehmke that set up this company. Heysek conveniently neglects to mention how
Kos, a well known e-mail spammer, fits into the company in his writeup on SGNJ. In fact, he doesn't mention
Kos's involvement at all. Gee, I wonder why? Heysek and Kos talk just about
every day. Heysek is normally so thorough in
his research. How could he have missed that one? Could it be that if he did, that his
readers would realize they were being set up...a company founded by two people
of "questionable" reputations with a track record of breaking the law, none of
whom appear to have any experience in the line of business they are in?
Also,
Heysek neglects to mention that Oehmke ran a brokerage business that was
expelled from the NASD in 1991 and involved in selling unregistered securities
to the public at manipulated prices. Check out his Oehmke's
NASD sanctions.
Oversight, no doubt.
Don and his third wife
live in an estimated $500,000 home in Kalamazoo. He reportedly throws a terrific 4th of
July party. Approximately 20 years ago, Don was a policeman. He's 55 years old
today. He's used several company names and he's been sued in several states including Louisiana and Texas. He
has a history of pump and dumps. Very charismatic according to people who know
him. Hires really expensive attorneys. He used to live in Ventana Canyon (in
Tucson, AZ) which
is presumably where he got the idea for the name Ventana Consultants.
In his SEC deposition, Don
(like Kos) basically answered "Fifth Amendment" to most of the questions.
Don approved the phony press releases that went out per emails in the SEC case.
His broker CRD is #1449840
(see copy starting on page 241 of ExhibitsI.pdf).
Oehmke's lawyer claimed the
SEC got it wrong and his client isn't liable. I sent him an email on April 6,
2006 with the following questions:
If that is true that the SEC got it wrong, I wonder if you can comment on
the following:
1. Why did Oehmke (as Ventana) directly wire money to Camelot Promotions
(Javier Cuadra) to send out illegal faxes promoting these stocks?
2. Bush Ross wouldn't turn over the trust account records because Fertina
Turnquest (who made the bulk of transfers) was an agent for their clients and
Ross was instructed by his CLIENTS (plural) not to release the records. Since
Jaynes wasn't a client, the only other person Fertina could be the agent of is
Kos. And since he said it was CLIENTS plural, the only other client could be
Oehmke/Ventana. This appears to be an implicit admission that Fertina was the
agent for Oehmke and Kos. Is there any other possibility that I'm
missing?
3. If Oehmke isn't one of the perpetrators, then how do you explain the
millions in profits transferred to him by Fertina from the Bush Ross Trust
account? Why would she do that if she was, as you imply in your court filing,
the mastermind?
I never got a response to my
questions.
Don's wife Shannon Oehmke
(who also uses the name Shannon Payne) was a secretary and director of the
corporate shell that merged with GTX Global earlier this year. GTX Global has
been written about by Stocklemon who noted that they used similar promotion to
the promotions in this case.
More info on Shannon
Oehmke:
More on GTX Global:
Hartley Lord (Boca Raton,
FL)
The 75 year old head of CNDD (a WSP promoted stock). Concorde's official phone number is
Hartley's home phone. The official address is his home address. Unlike all the other suspects here, Hartley actually
wanted to talk when I called him! Based on what I heard, I thought he was innocent of any
wrong doing, but I didn't spend a lot of time on this and probing into his
background. He was completely cooperative and all his answers made sense. My
initial guess was he's just being played by these guys.
However, I could be wrong. He has a history of having been involved in
securities fraud and market manipulation. Also, Lord has been barred for life from association with any member of
the NASD in any capacity. So that was a huge red flag too. That is quite an achievement. I can't say I know
anyone else who has achieved such an honor. See the Hartley
Lord follow section below for more details. Also, I couldn't find
anyone at the SEC who knows of a pump and dump case where the company being
pumped was determined to be an innocent victim. If you know of any such cases, please let
me know and I'll post it here.
Also, per emails in the SEC
case, Lord approved the inflated write-ups that Heysek did. It's possible he was
just being overly optimistic about this business opportunity, but Heysek's
financial projections were pretty outrageous.
Another factor is that a
major shareholder of CNDD was Mauricio Madero O'Brien who Hartley has known for
some time. For example, in 1994 they were both board members of Pace
American Group, Inc and they were both sued in a lawsuit in 1995 (Pace American
Group Inc. v. Lord, Madero, et al. in state court in Delaware
Civil Action No. 14215 and 14040). According to a July 18, 1996 Bloomberg
article, Madero spent time in a Mexican jail in July 1996 awaiting trial and
Mauricio was a partner of Cabal Peniche who reportedly stole $53.7 million
dollars from Banco Union in Mexico City. Mauricio spent approximately 8 years in
prison and was released in May 2004 and couldn't travel to the US until June.
Jere
Ross aka Jeremy Ross (Tampa, FL)
Ross is
a co-founder and partner at Bush Ross Bush Ross Gardner Warren
& Rudy PA in Tampa Florida (see Bush Ross Gardner Warren & Rudy, P.A. - Jeremy P. Ross Bio).
Ross provided legal counsel for Kos, Oehmke, and Lord. I've been told he's
provided legal advice for Oehmke (as Ventana) for approximately 10 years. Both Lord and Oehmke are heads of
companies featured in WSP. Lord told me he didn't have a current lawyer
when Oehmke contacted him.
Ross is representing Lord and
Concorde in the SEC suit.
It appears he was more trusting of
his clients than I think he should have been and he did some things he
shouldn't have done and he may have subjected himself and his firm to liability for those mistakes.
See Jere Ross and the stock scammers for a
lot more detail.
I learned from someone who
worked at Bush Ross that Ross and Kos talked often prior to mid-August 2004.
There is evidence that
supports the contention that Ross didn't know exactly what was going on (even
though I believe that he should have), but there is also evidence that
supports the opposite contention. Jere
Ross has no "history" of doing illegal stuff.
For example, the
representation of Oehmke, although over a long elapsed time, involved
very little work over that long time frame. In the SEC depo of Rohm, Rohm mentioned that the reverse merger
contract was prepared by Jere Ross and Rohm's lawyer advised him not to do it
and it was "substandard." But I have not found any evidence that
Ross had anything to do with that contract and I don't believe he was involved
with it at all.
All of the vendors I talked to were paid out of the Bush Ross bank
account (Spreadbury admitted it in the SEC depo, Vault Studios admitted it to
me, and Fry Hammond Barr provided evidence under subpoena of the transfer, and
Tom Heysek's bank records show he was paid from the same account. In
addition, the funds to pay Camelot Promotions were mostly provided from the Bush
Ross account, with some funds coming directly from Ventana Consultants (Oehmke).
According to the SEC
lawsuit, over $5M of
illegal trading profits from the Ryzcek and Chiang Ze accounts (which I believe
were set up by Woltz) were sent through the same Bush Ross Sun Trust Banks Account # 41001143506
according to documents the SEC got (page 11 of the
ExhibitWitnessList.pdf which is
Docket #35 in the SEC case). $1,172,876 went to Bush Ross from Ryzcek Investments
between June 29 and August 5, 2004. $4,134,865 was transferred from Chiang Ze
Capital, AVV between July 28 and August 11, 2004.
Heysek's Asian American
Capital Management LLC account at B of A was paid by Bush Ross too. I subpoenaed
these records from B of A and found out that Heysek got $24K on 8/03/04 and $23K
on 7/7/04 from the Bush Ross account.
Also, Bush Ross wired funds
to Spreadbury
to pay for press releases. Ross subsequently authored a retraction which was
sent out under CNDD's name.
Jere Ross wrote me in an email on August 15, 2004 at 2:50pm which included the
following (emphasis is mine):
"Generally the SEC
staff conducts an informal or, with Commission approval (which won't be
difficult to obtain in this case), formal investigation. If they determine the likelihood
of criminal activity (which, unfortunately, appears to be present in the current
case), they will refer..."
"As an aside, I give
you credit for your efforts and hope that they are successful. There are few worse
actions than market manipulation of the sort being practiced by whomever is
behind the recent activity. They prey on the small investor who looks for the
big hit. Good luck."
At first I was surprised that they would
use a law firm's trust account instead
of creating some bogus bank account somewhere. I guess they probably used the Bush Ross
account for at least two reasons:
-
Hide behind
attorney-client privilege: The SEC tried asking for their records. Bush
Ross objected citing attorney-client privilege. So there you go. That's why
they used the attorney. So anyone tracing them runs into a brick wall. There
are three ways around that. 1) There is no attorney-client privilege for trust
account funds (which these were) as the SEC pointed out to the court in
their motion to compel and 2)
in a criminal case, prosecutors can invoke the crime-fraud exemption
(applying only to that communication relating to the continuing or future
commission of a crime) if
there is a reasonable basis for a reasonable man to conclude a crime has
occurred (the judge normally does an in camera review to determine whether
the exception is granted and the documents that it is specifically granted
for), and 3) Only
attorney-client communications are exempted, not the transactions with third
party vendors. Bottom line: If the judge follows the law, they won't be able to protect the transaction history
from
discovery. Indeed, on March 29, 2006, the federal
judge ordered the client trust account records turned over to the SEC
and Bush Ross has complied with that order.
-
Hide behind the mass
of transactions: Since Bush Ross is a big firm there might be a LOT of
transactions and most people wouldn't have the time to investigate every one
and even if you did, you'd probably find nothing without Bush Ross's cooperation.
Unless you knew specifically what you were looking for, it would
be like trying to find a needle in a haystack. For example, instead of hiring
of the fax broadcasters directly, they paid a third party (Camelot
Promotions) to do that. Therefore,
transactions with Camelot Promotions would appear in their account and most
Plaintiff's wouldn't know what it is for. Bush Ross would claim attorney
client privilege and Javier (at Camelot) would probably "not remember"
who paid him and probably is so bad at record keeping that he wouldn't be
able to find anything. Therefore, unless you are really good at detective
work, it's hard to figure out what is going on.
We also know from reading the
SEC case that there are other people at Bush Ross (not attorneys) who have
knowledge about what was going on including:
For more information, see
Jere Ross and the stock scammers
Richard E. Rutkowski (Cary, NC)
The technical computer guru for Jaynes.
Hangs out in Raleigh and Cary, NC (see ROKSO
page on Jaynes and Rutkowski). Sets up technical infrastructure. Was
involved in setting up the WSP technical infrastructure.
I've talked to him on his cell phone
and wanted to ask him some questions. He said he'd have to talk to his lawyer
first. He never called me back. Guess he forgot. I warned him if he didn't call
me back, I'd have to do a lot of digging to prove my case. I had no choice. So you can
thank Richard for providing me the incentive to dig out all this stuff since he
wouldn't tell me who hired him on this job.
Richard was quite pleasant to talk to on the
phone, not rude at all...quite unlike Heysek who comes across as really arrogant and impolite.
Richard faced 20 years in prison and was been arrested:
12-12-03 - Kilgore Announces Second Criminal Spammer Surrenders to Authorities,
but he was acquitted because, for some reason, the judge didn't allow key pieces
of evidence (like a video tape of him doing it) because the judge thought it
would be prejudicial. Hard to believe, but absolutely true (a matter of public
record)
Jessica
Jaynes aka Jessica DeGroot (Cary, NC)
Jeremy's sister. A bit player. Works for Jaynes. Does Internet related stuff for them. The
nice folks in the Virginia AG's office know her well. She's also sort of in
trouble with the law too. Here's a nice article about her indictment on criminal
charges:
04-07-04 - Kilgore Announces Indictment of Sister of World's Eight-Worst Spammer.
She was found guilty of spamming and fined a paltry amount. She created some of
the stock touts that went out (see Paul Spreadbury writeup below). Graphics
quality isn't nearly as nice as Spreadbury's, but Spreadbury probably wanted out
when he realized he had been conned by these people.
Jessica had a role in the
faxes that were sent out. After Spreadbury did his magic on the faxes, they'd be
sent to both Bryan and Jessica (and Jeremy too if they involved AHFI).
Chad
DeGroot (Cary, NC)
Works for Jaynes too. He does some graphic design work. He's Jessica's husband.
Some of the WSP website is Chad's work, we can prove that so it is yet another
piece of evidence that ties Jaynes
directly in
with the WSP site.
Kevin
Katz (Laguna Beach, CA, Aliso Viejo, CA)
CEO of fax.com
(aka Impact Marketing aka Access Sales Inc). They
also sent out junk
faxes for WSP on a cash deal. They got paid by Javier at Camelot Promotions who
in turned was paid from the Bush Ross account.
One of my fax.com insiders
says that they ABSOLUTELY know this stuff is fraudulent. Frank Frappier (top
sales person for fax.com) handles faxes in this area. I've heard that revenue
from pump and dumps are pretty high; maybe approaching a million
dollars a month! According to their records, fax.com alone sent out over 10M of
these promos. Fax.com rarely complies with discovery. The California Attorney General spent 6 months to get some
questions answered and after 6 months got 20 boxes of removal requests; nothing
of value. See also the fax.com
page.
The sales person at fax.com who actually took the
orders from Javier Cuadra for these faxes is Lou Gaudio who used to work for
Impact Marketing Solutions (aka fax.com).
Paul Spreadbury (Pensacola,
Florida)
An freelance marketing consultant. His name
(and phone numbers associated with
him) were on the phony press releases. Currently located in
Pensacola, Florida.
I've checked him out
thoroughly. He's a 100% honest guy that was duped in the same way that people
who read the stock touts got duped. Once that press
release came out, Spreadbury figured out what was happening and got out. That's
why the CNDD stock touts (after the first two) were subsequently created by
Jeremy Jayne's organization rather than Spreadbury.
I have the highest
respect for Paul's integrity. He was 100% honest in his SEC depo. He's an
excellent marketing guy. His only mistake was being too trusting and believing
what he was told (that the faxes were just going to subscribers, etc.). I don't
hold him responsible for what happened because Paul was defrauded just like the
investors.
Fax.com source data shows he
created some of the stock touts that were sent out, e.g., the first two CNDD
stock touts from fax.com on 8-4-04 and 8-9-04 (The BEST Penny Stock Picks!) were
created by Paul. The ones after August 19 (i.e., entitled MICRO-CAP HOT STOCK
PICKS) were created by Jeremy Jaynes' sister Jessica.
Heysek's
annotated phone records prove Spreadbury called Heysek numerous times just
before the CNDD stock tout came out.
Spreadbury designed and
managed the website using material supplied to him by Kos (who got it from
Heysek and Kline). Spreadbury admitted in deposition with the SEC (p. 64) that
he spoke with Heysek and Kos in connection with the material on the website.
Spreadbury also created the
content for the faxes with direction from Kos who in turn used the writeups
prepared by Heysek and Kline. We know that to be true since (a)
he admitted it on p. 72 of his SEC deposition and (b) his electronic
fingerprints were on the files submitted to fax.com. Spreadbury gave the faxes
back to Bryan after he wrote them (per his SEC deposition p. 77).
Spreadbury got direction in
his marketing efforts (faxes, etc.) from Kos, Heysek, and Kline. We know that
from his email in Exhibit 55 (see HeysekEmail.pdf).
I got mentioned (Spreadbury
SEC depo p. 81) as having first informed him of the fraud.
Spreadbury got paid by wire
transfer from the Bush Ross bank account (SEC depo p. 118).
Spreadbury originally
interfaced with Eric Gordon (who worked for Kos), then with Kos directly (see
p. 157).
Spreadbury also wrote the Google
ads, with input from Kos and Jaynes (p. 250).
Doug
Paulson (Toronto, Ontario, Canada)
Does audio and video work featured on the WSP site through their company
Vault Studios www.vaultstudios.com
in Ontario, Canada. At first I thought they were just innocent pawns in this,
but they sure don't act like it. They act like they are hiding
something big. They refused to comply with my subpoena. They send "send me
the subpoena" but then never even bothered to call to discuss any issues
that they might have had with it. It was basically a trick so they could find
out what I was fishing for. Most honest people don't act that way. The Paulson's
treated me like I'm the criminal and Kos is a whitehat. Gotta be a reason for
this...I haven't figured this out yet, but it makes me very suspicious that they
are still obstructing justice even after I've pointed out to them exactly who
Kos is. I gave them a final chance to pick sides. They just ignored the email. Guess the Paulson's are rooting for the blackhats to win.
This was not so surprising after I found out that Vault Studios is a client of
Kos' firm (and vice-versa)! So it seems quite probable that if they turned Kos
in, that Kos would turn them in. That explains the silence and lack of
co-operation.
Jon
Paulson (Toronto, Ontario, Canada)
Works for Doug. He's Doug's son (Spreadbury depo p. 204). Also is refusing to talk.
Not surprising after I learned that they've employed Kos in the past. However,
when I first called Jon, I caught him off guard and he admitted to me that Kos
and Heysek direct their activities. That was a very helpful admission at the
time.
The Paulson's not only did
the video for the website, but they also did the creation of the voice mail
scams (see p. 204 of Spreadbury's depo). That's why they don't want to talk to
anyone.
Howell
Woltz (Advance, NC): Asset Protection and Investments
Howell
Way Woltz is head of the Sterling Group of
companies. I know that through various sources including Internet directory
listings, an article he wrote, and
his own admission in his deposition.
See Sterling Group information for more details
on the Woltzes and Sterling. That page covers their arrest in North Carolina on
criminal charges on April 18, 2006 and the admission by Woltz (referenced on p.
45 of Shasta Decision 9-2-05) that "a small group of people control and
own all the Sterling entities: Howell and Vernice Woltz, Fertina Turnquest,
Samuel Currin, Joseph Brice, Hiram Martin, Thom Goolsby, Walt Hannen, Wendell
Skeete and Lewis Borsellino."
The photo above was taken
before Howell was arrested. He appears to be happy. The photo on Sterling Group information
was taken after his arrested. Howell does not appear to be so happy.
There is consistent evidence
supporting the allegation that Jaynes was a client of his:
(1) Rohm testified in the SEC case that Howell admitted this to him, (2) Jaynes
and Woltz both lived in NC at the time, (3) Jaynes associate Rutkowski is listed
on the
same form as Dicienzo Storr who has an email address at sterlinggroup.bs,
and (4) a Jaynes associate (Chad DeGroot) created
a form that was posted on the WSP website
containing an address that matches the address of Sterling as noted below and (5)
Jaynes' lawyer is the same Samuel Currin that Woltz admitted is an owner of
Sterling.
Furthermore, the
most recent SEC filing in the Bio-Heal case
shows that the Registered Agent for Bela Enterprises, LLC and Gibson Island
Enterprises, LLC was Sterling Trust Ltd. Gibson also used the Sterling Trust
address on bank wires as shown on pages 103 through 112 pf that filing. What's cool is that on
p. 104, 105, 108 and 111, we find four $200K
wires (a total of $800K) to I-Max Direct, Inc. (formerly www.imaxdirect.com),
located at 51 JFK Parkway 1st floor West, Short Hills, New Jersey 07078 (phone
1-973-218-2459), a legitimate marketing company run by Andrew Witty. This media firm was used by Jaynes and also by Kos. On page 106, we find a
wire transfer for $175K from Gibson to the Currin Law Firm PLLC IOLTA. That's a
client trust account designation. We know from documents in this case and his
spam case, that Sam Currin is Jayne's lawyer (and Currin is shown as the way to
contact Jaynes in line (ff) of Oehmke's
filing). Then on page 107, we see a wire
for $150K to Warren Hansen (who is profiled elsewhere on this page), a person
who traded AHFI stock, which is a company that Jaynes held shares in. So all of
these facts in this paragraph and the previous paragraph also connect Howell's company Sterling with Jaynes.
There is even more evidence
that Howell Woltz, Vernice Woltz, and Fertina Turnquest all had some knowledge
of what transpired here because Oehmke
admitted this in a court filing in the SEC's case against CNDD (see line (aa)
through (cc)).
Also, check out the
table of the trading entities used to trade these
stocks. All of these trading entities had one or more ties to Sterling or
people associated with Sterling.
Because of these ties, and
because all of these entities were set up in locations associated with Sterling,
I would not be surprised at
all if Woltz or
Sterling was involved in setting up some or all of the trading entities (Gibson,
Bela, DaSilva, SA, Vanderlip Holdings NV, Chiang Ze Capital AVV, Ryzcek
Investments GMBH, Barranquilla Holdings, SA) that were used to trade
these stocks. One of the possible reasons that they used strange sounding names for
these companies would be to conceal who really owns the companies and controls
the accounts that were set up. As the table shows, companies with ostensibly
nothing in common look similar once you dig a little deeper. Therefore, it is
reasonable to make the allegation that these trading
entities were
used to trade the shares so that it would be hard to find out who was really
responsible. However, if there are criminal charges that are brought and the people who
submitted affidavits (see p. 23 and p. 39ff of
OemkeOpposition) don't
want to talk to the authorities as to how they came upon these shares, then they
could be charged as co-conspirators.
According to Spreadbury's emails obtained
by the SEC, Fertina Turnquest was the
contact person at the Sterling Group. A
web search I did confirms she worked there as well. Oehmke admitted
he had contact with with Fertina in his court filing (see page 20). Fertina had power of attorney
over many of the trading accounts that were used; Oehmke had trading authority on some of the accounts,
replacing Jaynes. See the section on Fertina Turnquest for more
information.
When the Bush Ross trust
records are finally revealed in court, I have reason to believe that they will
show that Fertina also directed Jere Ross as to where to wire the
funds in the Bush Ross client trust account so that contractors could be paid
for the services that they provided to help carry out the scheme. This is quite important as I
suspect that the trust account records will reveal that it was Fertina who
ordered that the illegal faxes were to be sent. Why would she do that if
Sterling just incorporates companies as Howell has told me? Why would Fertina be authorizing the
sending of illegal faxes out of a client trust account at Bush Ross? That has
nothing to do with the incorporation of companies. The most logical explanation
that fits the evidence I found is that Fertina was acting as an agent for either Jaynes, Kos, and/or Oehmke.
I received confirmation of that allegation that Oehmke, Kos, or Jaynes told
Fertina what to do when I tried asking Jere Ross what
Fertina told him. I said "Fertina isn't a client, so she's not covered by the
attorney-client privilege." Ross refused to answer the question on the grounds
that Fertina was acting an agent for one of his clients. Since Oehmke and Kos
were clients, that helps us narrow down our search as to who instructed Fertina.
Unfortunately for Howell, agents don't escape liability for their actions just because they were
told to do something illegal by someone else. If Howell knew what was going on
(and I believe there is sufficient evidence to convince a court of that since he
clearly had read this web page in August), and he
failed to stop it, then he can be held liable for the illegal activity.
In his letter
to me of July 23, 2004, Howell wrote that, "For the record, Sterling
ACS, LTD is a financial and corporate service provider... [and]... Sterling
Trust (Anguilla), Ltd. ... [are] "not in the business of faxing or
e-mailing, or supporting those that do so." I would agree that that may not be Sterling's primary
business, but based on the evidence I uncovered it seems that they do in fact
support people (such as Jaynes) who engage in one or more of the illegal
activities he enumerated.
A big problem for Woltz and
Sterling is
that after it was clear that Howell was aware of the illegal activities that I
pointed out to him in July, and after that letter
to me of July 23, 2004 where he said he didn't support such people, he continued to do business with the same people.
The legal term for that is ratification.
Since mid-August 2004, this
page has had a paragraph inviting anyone with a correction to let me know.
Howell's
August 26, 2004 e-mail to me showed he had read the web page. His
email wasn't solicited by me. It happened after Howell read this web page and
read its request for corrections. That's
really bad for him from a legal standpoint because his continuing to do business
with Jaynes, Oehmke, and Kos after that point would again likely be considered by a court to be
ratification. And it just so happens that Fertina Turnquest had power of
attorney on almost all the accounts at Electronic Access Direct and had trading
authority on some of the accounts (Oehmke had trading authority on others) until
approximately late November 2004. That's 3 months after Woltz clearly had notice
what was going on. I can imagine that that's not going to play well in court if Woltz claims he had
no idea what was going on.
When I talked to Woltz, I
found him evasive. I asked him simple yes-no questions
(like "have you ever heard of Worldwide Picks LTD?" and "did you
incorporate them?"). I've still not gotten a straight yes or no answer from him on
those simple questions, even though his lawyer, Martin Russo, admitted to me
that they might have registered that name.
Also, he's made statements
to me and given answers that I considered to be unreliable such as in his
email when he wrote that "nothing
regarding myself that you have said is true, other than the references to sites that show me speaking to
S.T.E.P...."
I spent
several days trying to ask him a simple question: "Did you set up Worldwide Picks
LTD, yes or no?" Woltz completely danced around the question for days. Why, if he didn't do it, wouldn't he just
say "No I didn't"? He told me in his e-mail from Howell
that he can't answer "yes" or "no" because his client's identity is
confidential. That makes sense to me since otherwise it turns into a game of 20
questions. But I had asked him if he incorporated World Wide
Picks, not who his clients were. Even though that question is a matter of public
record, he refused to answer that question.
In an
E-mail from Howell Woltz July 25, 2004,
Woltz told me "I do not remember incorporating such a company." But the
previous day, he wrote, "Sterling does not control, own shares in, or run a company
named Worldwide Stock Picks, Ltd." Funny. I never told him the name had the word
"Stock" in it because it doesn't. So by contorting the name by inserting
"Stock," he can truthfully answer that he had nothing to do with that
company. I don' t know if he was just confused about the name or deliberately
trying to mislead me. Also, his insertion of the word "Stock" in the company name
was interesting. Even though he can't recall whether he incorporated them or not, he
seemed to be able to recall what business they were in.
I later learned that it is a matter of public record that Woltz's
organization was involved in creating the company in Anguilla
(Worldwide Picks Ltd is Anguilla Corp #2036475). I believe he did it for Jaynes and
his associates so they could hide their
identity from being discovered. I concluded this because 1) WSP was the identity
that they used on their website and 2) both the servers used and one document
published on the site can be traced to people who worked for Jaynes and Woltz
(see subpoena to Rackspace, 3) The
domain registration for WSP didn't list any names of any real people, 4) the website itself
didn't list the names of the people who ran WSP (except for Heysek as the
editor), 5) in Anguilla it is very hard to determine the officers and directors
(e.g., one web page touts Anguilla as "Tiny British Overseas Territory with a
Big Offshore Confidentiality and 100% Secrecy Reputation"), and 6) Rohm
testified in the SEC case that Woltz told him that "he was helping Jaynes send
his money offshore to protect it from the authorities."
It's likely that Woltz or
Sterling was
involved in setting up the Chiang Ze Capital company to accept
the trading profits for trades placed for these guys.
For example, Oehmke filed a document in the SEC case showing
Mavis Chaitan as President and
Secretary of Chiang Ze. However,
Mavis Chaitan is the name of the mother of Woltz's wife Vernice whose maiden name is Vernice
Chaitan.
Also, the same document pointed out that Mavis gave the power of attorney for
the trading account at Sunstate to Fertina Turnquest who worked for Sterling.
See the table of the trading entities for more
coincidences like that that connect these seemingly unrelated companies
together.
Howell admitted in his
e-mail from Howell to me that Vernice is from
Trinidad. Chiang Ze is a Trinidadian corporation. And Ryzak
Investments GmbH which held 6 million shares of AHFI is in Trinidad too. So
things are not inconsistent with my hypothesis.
Like Jaynes, Woltz
maintained a residence in North Carolina at the time. While in the US, he can make it appear he's offshore by bouncing his email off a Bahamas based mail server. He's also used a 714 area code cell phone
even though the only US residence I could find for him was in North Carolina. At
one point, he told me
"I'm done with my vacation in North Carolina." I called his home in North Carolina and talked to his son. I asked
"is Howell there?" The son passed me to Vernice, his wife, who asked
me why I was interrogating her son!!! Interrogating?!? Vernice is an officer of the Sterling companies. Anyway, they were nice
enough to confirm to me that my info was correct; that he lives there. Howell
later told me that the NC home is his vacation home. I must confess that I don't
know anyone with a vacation home that is on a street that matches their name.
Very cool.
At the time
I first checked it, the domain registration info for WSP
showed contact information (such as the phone number) that matched his
Sterling Trust in Bahamas. In fact, the
primary contact for the website at rackspace was Dicienzo Storr who has an email of dstorr@sterlinggroup.bs.
So the email address of the primary contact for the WSP website is at Sterling
Group.
Also, the WSP membership
form (which appears to have been created by Jeremy Jaynes's sister's
husband, Chad DeGroot), instructed you to send your money to an address that at
the time appears to match Howell's other offshore branch office
in Anguilla (Sterling
Trust (Anguilla), Ltd). where they presumably did the incorporation of Worldwide Picks Ltd.
Also interesting is that the
PO Box Storr gave for his address (PO
Box CR-56766 Miami, FL 33131) matches the same PO Box number that was listed on
the website domain registration for the WSP
website, but on the domain registration, they listed the location as the
Bahamas, rather than Miami. The reality is this is a Mail Boxes, Etc. PO Box
number that is also used by Sterling. Check out the address on page 16 of ShastaFourthStatus:
Sterling Trust Anguilla LTD, PO Box CR-56766, Suite 1202, Nassau, Bahamas.
Also really
interesting is the contact phone number listed on the WSP domain registration:
242-325-7573. Compare that to the phone number of the Sterling Group that
was listed at the end of an article
written by Howell Woltz. It's identical! Also note that a web search
revealed that Sterling also used 242-325-7574,
which is one digit away (the last digit).
When I called down there and asked what they do, I
couldn't get a straight answer. I asked Howell the same question and he appeared flustered trying to explain what he does for a living.
Howell stopped talking to me
shortly after I started cc: US government
agencies on my emails to him, e.g., when I asked him: "who did you recall
talking to on the day you incorporated Worldwide Picks LTD?" Perhaps his phone records would help
answer that question.
Howell's firm has been involved in
at least one financial fraud before, Shasta Capital,
but Howell implied in an email to me (see point #2) that he was a victim of dishonest people that worked for him. See
Sterling Group for more information on the Shasta
case. I found it interesting that Woltz fought the production of information the government
wanted and some people believe he has still not fully complied with court orders
to produce documents in that case. For example, if Woltz were to have erased
the backup tape before turning it over to the CFTC, that might be considered
by some people as not fully complying with the court's order.
After reading this web page
in 2004, Howell
sent me an e-mail. I responded with some questions to clarify his statements.
Here's the August 26, 2004 e-mail thread with Howell Woltz. I
never heard back from him since then. When he wrote that nothing I said about
him was true (with the STEP exception), that was too generic for me to deal with
since I knew that wasn't true. Therefore, I asked him for specifics which I
never got.
However, on March 20, 2006, he served me with a lawsuit for libel. The lawsuit was
devoid of any libelous statement that was false so I sent an email to his attorney in the
Bahamas asking which information is false. I also sent an email to Howell with
the same request. Why, if the information was false and harming him, would he
(or his lawyer) not bring that information to my attention so that the false
information could be removed? Why did he wait almost 2 years? He knows how to contact me.
Also, I've talked to at least
one other person who said Howell represented to him that he was in the
"asset protection" business.
The following statement also
indicates that Woltz and Jaynes were associated (Randall Rohm's testimony in the
SEC case):
7. Also in connection
with the merger discussions, sometime in mid 2004 I met Howell Woltz once,
whom Jaynes introduced as his money manager. At this meeting, Woltz told Ted
Sampson and me that he was helping Jaynes send his money offshore to protect
it from the authorities in Jaynes's spamming case and tried to convince us
to start sending our money offshore as well. I have not seen or spoken to
Woltz since this meeting.
Howell told me that it was
illegal for him to disclose who his clients are.
He wrote an email
on July 25, 2004: "Under the quite strict privacy laws, I am not
allowed to disclose information about clients. The laws provide for a $500,000
fine, and imprisonment up to 10 years, per occurrence of such disclosure, and a
suspension of licence [sic]."
He said the same thing again in
his Aug 26, 2004 e-mail to me: "As for information about anyone
I deal with, the Privacy Act of 1971 requires jail time of up to 10 years, and as much as $500,000 per
offence in fines. When you seek to have us discuss who we may or may not deal with, I'm not sure you know what you're asking. We can't and won't do so. No "yes", no "no". You'll continue to get nothing."
Nothing?!?! I'm sorry, but I
just find that way too hard to believe.
Howell has repeatedly violated these
"rules" about what he can disclose. For example:
-
How can he possibly bring
a libel suit against me? In order to do that, he'd have to cite and attest
to specific
statements here that are false. But according to his own principles, he's
not allowed to confirm or deny anything with respect to his clients. He
can't even get a default judgment if you believe what he said that he can't
confirm or deny anything about who his clients are or aren't.
-
Similarly, he wrote
(with reference to this page) that " So far, nothing regarding myself that you have said is
true, ..." which means he's implicitly denying all associations I
mentioned in this page. Again, a violation as he's telling us who is not a
client.
-
Rohm testified that
Howell admitted that Jaynes was a client (see above).
-
Howell told me that
Heysek wasn't a client (email
on July 25, 2004).
-
Howell told me that
"Sterling does not control, own shares in, or run a company
named Worldwide Stock [sic] Picks, Ltd" (email
on July 25, 2004). That's interesting since I asked him for information
about Worldwide Picks LTD, not Worldwide Stock Picks LTD. But again,
he's telling us Worldwide Stock Picks, Ltd wasn't a client (even
though we never asked about that company).
The bottom line is that
Howell seems to be able to disclose
who he knows and doesn't know, and who is or is not a client when it is
convenient for him to do so.
For more info, Sterling Group information.
John R.
Rooney (Jupiter, Florida)
Rooney's name was quoted in a press release
from WSP (see Abe Goes Tommy in New Campaign for USPennyStocks.com),
but I'm convinced that he has nothing whatsoever to do with this.
Rooney,
with his wife Natalie, moved from New York to Jupiter, Florida at the end of
2003. Both Rooney and father Patrick J. Rooney have a history of stock manipulation
as noted in the citations below. John was
head of HORNBLOWER & WEEKS INC INVESTMENT BANKING 110 WALL ST FL 24, NEW YORK NY 10005-3806 before
moving to Florida. John is quite a guy. Here are a few choice articles about John:
I don't have any evidence that Rooney is involved in this fraud other than his name
popping up on a WSP press release. It appears he isn't. It was just a
interesting coincidence.
John
Richey
Random name Spreadbury made up (see his SEC depo p. 109).
Eric
Gordon aka Eric Leighton Gordon (Spring Valley Lake, CA and Las Vegas, NV)
Eric Gordon was the marketing consultant used by Kos. He helped direct Spreadbury
in the creation of the faxes, e.g., his email to Spreadbury of May 30, 2004
entitled "faxes...". Gordon's website is sonicmlm.com,
phone: 760.955.9541. YahooIM: sonicmlm. He's also associated with Big Action
Media (BigActionMedia.net) and Ericware
Technologies, Inc. 13745 Spring Valley PKWY, Spring Valley Lake CA 92395. He's
been involved in the Network Marketing business since 1995 and full time since
1997. He's 33 years old. He splits his time between California and his home in
Las Vegas, NV.
Kos contacted Eric to do the marketing for the site and it was Eric who asked
Spreadbury to get involved in this.
Eric wouldn't return any of my phone calls to him. I found nothing to indicate
that Eric did anything illegal.
Warren
Hansen aka Warren Karl Hansen (Boca Raton, FL)
In the second half of 2005, we received information from an anonymous source
who was knowledgeable about Warren Hansen and others that implicate them as key
players in this fraud. Believing that information to be credible (since it
matched other facts we knew), we published that information on this page.
On
January 20, 2006, we were advised via letter from
the attorney for the Hansens, Jan Douglas Atlas of the law firm of Adorno &
Yoss in Fort Lauderdale, FL, that the information that we published
"contains reckless and maliciously false and defamatory statements"
regarding the Hansens and demanded that we immediately remove the information.
The letter did not identify a single statement that was false nor did it provide
any evidence that the information on our site was false.
We
believe that the information we received was credible since information from
several independent sources was consistent with what we were told by our source.
Therefore, we do not believe we were reckless in posting this information and
believe it serves the public interest to air this controversy.
We
have asked Mr. Atlas for (1) specific statements that are false, (2) the
Hansen's version of what transpired, (3) all civil and criminal complaints that
the Hansens (or their companies Trader Support Services) have either been served
upon them or they served others regarding these issues since 2004 (4) any
court orders involving the Hansens since 2004, and (5) whether Hansen would be
available for an interview. We will publish that information
here so that the reader can get a neutral and balanced view. In addition, if Mr.
Atlas produces any credible proof that any statement on this site is false, we
will immediately remove that statement.
Because
Atlas's letter requested immediate action and he could not provide any details
on what statements were inaccurate, we
also attempted to reach Mr. Hansen at his home on January 22, 2006. We left
messages to return the call twice with a woman who identified herself as
Hansen's mother-in-law but did not receive a call back.
Repeated
attempts to reach Hansen directly on January 23 were also unsuccessful.
However,
Hansen has reportedly sued at least one person for defamation. His position is
that any illegal acts were done by others, not by him, i.e., that he is simply
the "fall guy" set up to take the heat. That's an interesting defense.
I wish I could talk to him to have him explain it to me directly. I'd love to
have him explain why Gibson Island Enterprises wired him $150K from their
account in the Netherlands Antilles (see page 107).
Usually the "fall guy" doesn't get a windfall like this.
Also, when his attorney contacted me about the information I published about
Hansen, he was unable to cite a single factual error.
Here is audio tape of my conversation with Jan
Atlas... it's a doozie).
So if Hansen is the victim here, how come he can't point out any errors? So I
have all these unanswered questions and Hansen won't talk to me.
Failing
to reach them, Hansen's profile has been re-written (and expanded) and fact
checked with multiple sources.
Here
are a few abbreviations we'll use below:
-
Sunstate
refers Sunstate Equity Trading, Inc.
(CRD #43571), a firm owned by Jim Kelly
-
EAD
refers to Electronic Access
Direct (CRD #36975), Inc, a firm owned by Don Edwards and Richard L
Barret located in Sarasota, FL
-
SIPC
refers to Securities & Investment Planning Company (CRD
#36538), a company controlled by Daryl Scott Hersch (CRD #1255474)
located in Chatham, NJ
-
Rockhouse
refers to Rockhouse Securities LLC (CRD #104477), a brokerage in St. Louis,
MO.
-
TSS
refers to Trader Support Services. There are actually two firms with the
same name. The LLC in Texas is controlled by Warren Hansen and the Florida
corporation, Trader Support Services, Inc. (FEIN 753155635) is controlled by
Hansen's wife, Erica, but Warren is the Registered Agent and the address is
their home address.
-
Daylight
refers to Daylight Online Brokerage, LLC (CRD #47897) located in Dalton, GA
-
FRF
refers to First Research Financial (CRD #27915) located in Dallas TX. But
there is a First Research Finance, Inc. located in Boca Raton, FL at the
home address of Warren Hansen (and he is or was the registered agent) and his CRD record indicates that he was
employed in the Boca Raton office of this firm. These could be completely
separate entities, but the names are nearly identical and both associated
with Hansen that they are likely the same.
Warren Hansen, age 35,
lives in Boca Raton, FL. His Broker
CRD #3014245 (note that the public CRDs are abridged and omits information
such as cause of dismissal).
Warren's
wife is Erica Hansen aka Erica Beth Hansen aka Erica Beth Dembski (broker
CRD #2634633). Dembski is her maiden name. Four brokerages she has
worked for (EAD, Sunstate, FRF, and Daylight) were all ones that Warren worked
for in the same timeframe. In addition, she worked at 2 of the firms involved in
trading the stocks involved in this scam at the time the stocks were been
scammed (Sunstate and EAD). Also, her name showed up in the SEC subpoena to Bush Ross. Also,
at least one source told us that she accumulated 100,000 shares of NEXR several
months before it became BHLL and was pumped.
Erica's
mother is Ellen Dembski. She is not a broker, but provided various support
services, e.g., when she worked at EAD. So for example, on December 30, it was
Ellen who sent an email to Vince Lijoi instructing him to change the mailing
address for all returned mail to the Sterling Group in the Bahamas. When I called Warren's house on January
22, 2006, a woman who identified herself as Erica's mother answered.
Another
person who has followed Hansen from work place to work place is Gary Hayes aka Gary
Thomas Hayes, CRD # 1006988. He's overlapped with Hansen at 4 firms:
Daylight, FRF, Sunstate, EAD. In addition he was employed at Rockhouse in April
and May 2005 where Hansen was trying to land after he left SIPC in March 2005.
Database
research showed that Hansen has been with FRF, TSS, and Heritage Holdings
Group, Inc. An NASD
enforcement document dated November 16, 2004 indicates he was formerly president of broker-dealer Daylight. But it's his role as President of
Sunstate
that is of interest to us.
According
to his CRD file, Hansen
started working for Sunstate in June 2003. Hansen was named President in
December 2003. Shortly thereafter, Hansen named Gary Hayes as the compliance
officer. This seems to me to be a very interesting appointment since if Hansen
is doing illegal things and he is allowed to pick his own compliance officer, it
could make doing illegal things a lot easier.
According
to our source, Hansen (partnering with HBR, a company controlled by Chad Robbins
and employer of Ian Stanko both traders at Sunstate) offered to buy Sunstate from James
Kelly for approximately $300K in June 2004. Kelly accepted the offer and started
negotiating terms but the transaction never closed (although Hansen was
successful in convincing Sunstate's bank and clearing firm that it did).
According
to this Dow Jones article written by
Carol Remond about Sunstate ("DJ IN THE MONEY:Search Warrant Executed
In SEC Vicemail Scam"), Hansen blamed the vicemail scam on Kelly. I have
not researched the vicemail scam at all. Soley based
upon my research into the backgrounds of both Kelly and Hansen, I believe that it
is more likely that Hansen was involved in this than Kelly.
According to the source, Hansen was introduced to Oehmke through Kerr (see below
for Kerr's profile). Both Oehmke and Kerr were Sunstate clients. Oehmke provided
stock (through Chiang Ze, Vanderlip, Da Silva entities created in Anguilla or
Trinidad (most likely by Sterling); see the exhibits in BushRossMotionToCompel.pdf)
that was traded by Sunstate. According to the source, Hansen spoke with Oehmke
quite often and used Sunstate as a vehicl |