Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Friday, January 6, 2012

TVI Express in Atlanta Georgia, where TVI Express is illegal? Hah!

Some website called Network Marketing in Atlanta is advertising TVI Express:


Clearly, they never heard about the cease and desist order:

(for more TVI Express genuine news articles, not spun ****, click here )

So who is the moron that published this ****? Turns out, he's not in Georgia at all:

Registrar: FastDomain Inc.
Provider Name....: Netfirms, Inc.
Provider Whois...: whois.fastdomain.com
Provider Homepage: http://www.netfirms.com/

Domain Name: NETWORKMARKETINGATLANTA.COM

   Created on..............: 2011-06-09 20:55:31 GMT
   Expires on..............: 2012-06-09 20:55:31 GMT
   Last modified on........: 2011-06-11 21:38:41 GMT

Registrant Info: (FAST-15794628)
   Eze, Inc.
   Sterling Couch
   PO Box 65486
   Port Ludlow, Washington 98365
   United States

   Phone: +1.3604371344
   Fax..:
   Email: 
   Last modified: 2011-06-09 20:55:31 GMT


However, this makes no sense, as search for Sterling Couch at Port Ludlow Washington (and that phone number) revealed that this guy is a CPA. I thought CPA had more sense than promoting a scam?

It's more likely that this CPA somehow got his name attached to this domain which was then used for spam. I doubt the CPA even heard of TVI Express.

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Tuesday, December 20, 2011

NEWSFLASH: Saudi TVI Express members faked fatwa claiming TVI Express is allowed

According to http://sabq.org/sabq/user/news.do?section=5&id=35136  a senior official in Saudi Arabia was surprised to see his name attached to a fictional fatwa that had been cited to "permit" TVI Express and other multi-level marketing items, which is actually verboten under shariah law. The official denies ever making such a fatwa, was completely misunderstood, and so on and so forth.

In Saudi Arabia, such slander and false claims carries a VERY stiff penalty... Shariah law is VERY strict against spreading untruths.


Following was auto-translated by Google.




Absolute denies fatwa permitting network marketing emphasizes: Signature of a compound and a fake seal
Abdullah Barqawi - already - Riyadhdenied Sheikh Dr. Abdullah bin Mohammed Al-Mutlaq adviser at the Royal Court member of the senior scientists member of the Standing Committee for Academic Research and Fatwa, which traded a number of sites Web site of the advisory opinion of the forged and false attributed to His Excellency, allow network marketing, said Sheikh's absolute " above "the fatwa counterfeit adopted by a company working in the field of tourism called" tvi express ", shopping product on this fatwa signed compound and seal a fake is not related to Sheikh absolute nothing.and between Sheikh absolute that the fatwa fabricated included a "passport to buy the company's products mentioned above, and the rule of buying these products do not mind it not haraam, because the availability of terms of sale where .. to the latest came in the advisory opinion of the fraud and lies. " The Sheikh absolute he was not authorized for one on this opinion, and that these words came from someone who does not know the procedures fatwa Standing Committee, in particular that the Standing Committee has issued a fatwa (no. 22 935) and dated 14 March 1425 included the prohibition of pyramid marketing or networking, and His Excellency within the signatories. In conclusion, Sheikh absolute statement, saying: "So was clarification, the grabbed some hands this opinion false false to eat the people's wealth unlawfully, issued a statement of the right and the innocence of the edema and decisive for the material of evil. "Meanwhile, I learned " previously "that the British tourism company is expected to present their product catalog, on Wednesday in Jeddah, based on a false opinion.
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NEWSFLASH: First Indonesian TVI Express scammer convicted and sentenced for fraud. Where's Goenarni Goenawan?

UPEKS online just reported that the first TVI Express scammer, previously arrested in Majene, has been sentenced to nine months jail for fraud  (link is in Indonesian). However, this is a local "distributor". Where is Goenarni Goenawan, head of PT TVI Express Indonesia? SHE should be the one in jail!


Monday, October 10, 2011

Old News Out of China: ANOTHER THREE arrested and convicted in May 2011

Didn't find this news item until now, and checking names and location shows this is a separate news item:

http://court.gmw.cn/html/article/201105/06/70548.shtml


Foreign travel for free is actually scam, three accused jailed for illegal pyramid scheme
Author: Hong Xu Zhen Posted :2011 -05-06 12:29:13


    1897 yuan adding "British TVI Travel Express", you can enjoy "free of charge in five-star hotel 7 Days, free to travel abroad" treatment. Free pie does not come from sky, is a trap, which is the beauty of direct sales organization made up lies, cheated more than 30 people. Yesterday, after hearing according to law, the court in Henan Fengqiu organization, leader of pyramid schemes Wen Yu, and the others, convicted and sentenced for the crime.
    Examined, since May 2009, the defendant Wen Yu joined by others, "British tourist TVI Express", the defendant together with Yang Rui, Zheng Zhi in Fengqiu, Changyuan, etc., in order to "stay for free in five-star hotel seven days, six nights, free to travel abroad "and the name, asked participants to 1897 yuan per unit to buy eight memberships and obtained added qualifications; lure others to join the participants to continue to develop, you can cycle out of board and earn 500 dollars, then cycle out of express board can earn $ 10,000; lure others to join the participants to continue to develop and direct the development of the number of persons pay by per head pbasis, obtaining by deception. The investigation, joined the staff in the marketing organization more than 30 people, Wen Yu, Yang Rui, Zheng Zhi were three levels above.
    After the court that the defendant Wen Yu, Yang Rui, Zheng Zhi to promote British tourism Express project in the name of TVI, requiring participants to pay the added cost way to get qualified, and are organized according to a certain level, the number of staff directly to the development of As a rebate capitation basis, to lure participants to continue to participate in the development of others, obtaining by deception, disruption of economic and social order, his behavior constituted organization, leadership pyramid schemes crime. Defendant Wen Yu, Yang Rui, Zheng Zhi together intentionally, pyramid schemes, the temperature plays a major role in jade, culprit, criminal activities in the common Yang Rui, Zheng Zhi played a secondary role, their accomplice, should be lighter or mitigated punishment ; defendant Yang Rui, Zheng Zhi with a good attitude, do show repentance, let the community no longer harm society, sentenced to probation is appropriate.
    Accordingly, the hospital in organization, leadership pyramid schemes crime, sentenced to imprisonment for one year and two months Wen Yu and fined 20,000 yuan; Yang Rui sentenced to one year imprisonment suspended for two years and fined 10,000 yuan; Zheng Zhi sentenced to one year imprisonment suspended for two years and fined 10,000 yuan.

Source: Henan Court Network

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Thursday, September 22, 2011

NEWSFLASH: Indonesia revoked "Foreign Investment" from PT TVI Express Indonesia

TVI Express's Indonesian "branch office", PT TVI Express Indonesia, tried weasel out of their license suspension back on 03-AUG-2011 by claiming they are really a foreign company with previous approval by BKPM to accept investment from non-Indonesians. Now the decision was handed down by BKPM: the company is illegal, and even that "foreign investment license" is now revoked.  Suara Karya Online reports:  (following auto-translated by Google)

ILLEGAL BUSINESS
BKPM Will Freeze TVI Express 


Thursday, September 22, 2011
JAKARTA (AFP): The Investment Coordinating Board (BKPM) immediately freeze TVI Express business activity related to abuse of the business license.Indonesia Democracy Defenders Team (TPDI) welcomes and fully supports the firmness BKPM freezing step towards foreign investment company status (PMA) is.
TPDI Coordinator Peter Celestine, in Jakarta, Wednesday (21 / 9), said the freezing of all business activities of PT TVI Express business license based on the abuse which took effect on August 9, 2011.Previously, the company warned BKPM PMA by mail numbered 39/B.2 / A.9/VI / 2011 dated June 30, 2011.
In this letter, the agency said, TVI Express business activities berskemakan tiered marketing (multi-level marketing / MLM). This does not correspond with the business license issued by the BKPM, the services of travel agents, but similar activities run MLM business. This business is conducted without a license in the direct sales business (SIUPL) of the Investment Coordinating Board as the competent authority, "said Peter, citing a letter by the board. In the warning letter also stated that if the TVI Express did not file a response to a reprimand by the end of July 2011, it will sanctions in the form of revocation of an approval of investment.
To that end, the defense team appealed to people not to do business activity propagated TVI Express. "To the consumer who feels aggrieved by TVI Express, then immediately report it to police so that action can be taken in accordance with applicable laws," said Peter.
Related to the same thing, the defense team, which represents the number of consumers who feel cheated of up to tens of billions of dollars, officials reported TVI Express to the Criminal Investigation Police Headquarters on Wednesday (21 / 9).
Parties that reported are Goenarni Goenawan, as Director of TVI Express Indonesia and 41 per cent stake holders TVI Express. In addition, Ni Komang Suratiningsih (as holder of 10 percent stake TVI Express) and Tharun Trikha (WN India is also the holder of 49 percent shares of TVI Express) and Head of BKPM Gita Wirjawan.
All four reported that alleged to have committed illegal actions hurt consumers in Indonesia and other MLM companies. TVI Express mode in doing business is to ask the victim to pay Rp 2.6 million to enjoy the facilities of a hotel, discounts, and more.
In fact, the facility was rejected by five-star hotels as promised. In addition, there are consumers who had paid USD 2.6 million, but was not given an official receipt or certificate of membership was promised.
"Businesses globally TVI Express itself has been rejected in Australia, USA, China, and India, because it is considered as a business game of money," said Peter. (Jimmy Radjah)

Monday, September 5, 2011

Hilarious: Filipino TVI Supporter tries to shoot down MLM lawyer's qualifications!

Folks, when an attorney says something's legal (or illegal), he is putting his reputation on the line. If he's wrong, he can be disbarred (lose his law license) depending on the severity of the mistake. His mistakes can be spread all over the internet nowadays, further damaging his reputation.

Thus, I had an article citing Mr. Gerald Nehra, one of the few attorneys in the US who specialize in MLMs (thus, automatically puts him among the top, yes?)   He previously worked for Amway as their head counsel for 9 years. The only other MLM attornies that readily comes to mind would be Grimes and Reese, and Kevin Thompson.

Any way, the article explains that under Mr. Gerald Nehra's explanation on what makes MLM legal, TVI Express is illegal as per US law.  The article had been published for well over a year, and nobody had tried to attack its validity. So I am very surprised today to find a comment on it.


frankcow10 9 hours ago
You seem to be an expert in twisting facts here and there to serve your purpose.
FACT is : Mr. Gerald Nehra is NOT A TOP MLM Attorney. He wouldn't claim it himself. Instead, his claim states that "He is one of a very few attorneys nationwide whose practice is devoted exclusively to direct selling and multi-level marketing issues."(http://mlmatty.com/09/mlm_attorney_bio.php#nehra)NOT A TOP MLM ATTORNEY.
No, not at all. Ronald J Riley, President and Founder of the Professional Investors Alliance (www.piausa.org) called Gerald Nehra and his office mlmatty.com a "one lawyer operations, with one assistant".
Ronald J Riley has this to say about your said "top MPM attorney" : "It seems we have another attorney from a small Michigan town who may be eking out a living sending cease and desist letters to anyone who dares to criticize his client's MLM business models." (http://www.interesting-people.org/archives/interesIn closing, I have two questions for you MR. Chang. One, If you have clean motives in your crusade against TVI Express -- something that you have been doing for the past 18 months at least -- why don't you reveal your true identity, address and contact number. And two, why all the hate against TVI Express that you will resort to twisting truths just to discredit the company? I am hoping for answers to this two questions.

Then I noticed the name: frankcow10.

I know a frankcow10... he posts various defenses of TVI Express, esp. on expertmlmreviews.org  He also goes by "frankcow10 caudillo" on the same place. However, his last post on that website was July 2011. The interesting thing is, he NEVER defends TVI Express by refuting the facts posted with his own facts or analysis. Instead, he always goes for attacking the credibility of the facts, even when the credibility is pretty much unassailable, such as a top MLM attorney! Also notice that he did not attack the analysis in article, only on Mr. Nehra's reputation, and his basis is that ONE comment!

I could dismiss this as an "ad hominem" attack, but out of curiosity, what is the SOURCE of the comment?

So I studied that issue, and did some research, and found out that Mr. Nehra had threatened to sue a few websites (run by MLM critics) that published unfavorable views of an MLM he is shepherding. The net folks did not like that and there was a surge of support for those sites fighting this "censorship", and this is one of those comments. It is hardly "neutral commentary".

Clearly, "Frankcow10" did no research.

Frankcow also revealed his true origins... His IP address traced to Makati City, Philippines, where TVI Express is busy recruiting more people. There is was even a "convention" last month with celebrities, dances, and even a sort of fashion show where they paraded "I heart TVI" bags (probably made in China for 49 cents) in 4 colors.

Given that Filipino law is similar to US law, and TVI Express already outlawed in Vietnam, China, and Indonesia, what are the chances TVI Express will last long?

But it didn't have to last long. It just needs to last long enough for Frankcow and the rest of the fraudsters to get in early and get their $10000 USD.
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Wednesday, August 31, 2011

NEWSFLASH: Central Bank of Lesotho bans TVI Express

Lesotho joins the growing list of African nations banning TVI Express as a money circulation scheme.

http://www.centralbank.org.ls/news/TVI%20Express.htm


PRESS RELEASE

TVI EXPRESS
The Central Bank of Lesotho has become aware of a network/scheme known as TVI Express that is operating in Lesotho in violation of the law.  The activities of this scheme resemble those of a selling and marketing pyramid schemes as defined in Section 2 of the Financial Institutions Act, 1999, in terms of receiving funds from the public.
The Central Bank of Lesotho would like to warn the public about the dangers of investing or participating in this particular scheme and other schemes of a similar nature.  Furthermore, the Central Bank of Lesotho would also like to caution all promoters of TVI Express, including persons who attempt to recruit others, either by word-of-mouth or via spamming email messages to join these schemes, anywhere in Lesotho, to stop such practices immediately.
After the Central Bank of Lesotho scrutinized the business model of this scheme against the relevant provisions of the Act, the Central Bank of Lesotho concluded that:
-           Its business operations place substantial emphasis on recruitment of participants to it.  In this respect, the scheme offers lucrative incentives to the participants, calculated primarily on the basis of the number of participants or members that have been recruited into it.  It is evident that these recruitment-based incentives serve as a bait to attract potential participants into joining the scheme, with the prospect of making easy money by recruiting others.
-           In the whole, selling of purported products or services is a small component of the business model in the scheme and therefore designed to defraud members of the public.
Given the above, this business model contravene the provisions of the Act when subjected to the definition of “receiving funds from the public” and therefore considered illegal.  The Central Bank of Lesotho therefore appeals to each and every law-abiding citizen of Lesotho to refrain from participating in any activities of TVI Express.  Further, the public is required to report such activities to the Central Bank of Lesotho, through the following offices:
 Financial Institutions Supervision Division
Contact: Ms. Nomonde Sixishe  at 22232026

Public Relations Division
Contact: Mr. Thato Mohasoa at 22232139

Monday, August 29, 2011

Moron Claims Scams are Not Scams, Despite Ample Proof

I was search for stuff when I came across this article on "MLM Big Brother" that is STILL defending TVI Express, working on clearly outdated information, but somehow was posted only a few days ago.


I'll get to the text of the article later. I was intrigued. Who the heck is this "Brandon", and why haven't he kept up with the news? So I looked to the right, and there he is:


Brandon Inchauriga, strangely, chose NOT to reveal his picture in his Facebook account. See for yourself:

However, Google Images has kept archive of his stuff...   It's as of July 2011.


So he deletes his own face out of his profile. What does THAT tell you about Brandon? He clearly wasn't camera shy. Search for his name turned up his profile on bazillion places... MLM coaches, Article Spam Farms, and more.

So what else is on his website "MLM Big Brother"? Turns out, it is ALL about scams, according to his own sitemap.


But is any of the reviews valid and true? You already know from reading this blog that TVI Express is a scam, and this was proven by several countries declaring it such. So what was Brandon's conclusion about TVI Express?


What a joke. He can't recognize a pyramid scheme, and he claimed it's not a scam because you do get a trip out of it (which you may not), and you can get money from it (but it could be a pyramid scheme). That's it?

Brandon is full of ****.

Do any of the other reviews ring true? Let's pick Zamzuu (i.e. YTBI), as well as Fortune High Tech Marketing, both of which have been accused by several states to be scams.

So what's MLM BigBrother's advice on FHTM?


However, FHTM has been kicked out of Montana for being a pyramid scheme

http://www.mlm-thewholetruth.com/network-marketing-news/montana-says-fortune-hi-tech-marketing-fhtm-is-a-pyramid-scheme/


Montana has banned a prominent Lexington network marketing company from the state after a five-month investigation found that the company is an illegal pyramid scheme.
Former Danville basketball coach Paul Orberson is the founder and owner of Fortune, which has received as much $1.9 million from Montana residents. The company is prohibited from doing business there until there is a hearing or settlement, said Jackie Boyle, spokeswoman for the Montana Auditor’s office.
What does that tell you about Brandon's judgement? Did he spend five months investigating the company? Clearly not. 
Let's try something else. Zamzuu, a company that was sued out of California by then attorney general Jerry Brown (now Governor Brown). Here's the actual press release:

Brown Sues To Topple Online Pyramid Scheme
FOR IMMEDIATE RELEASE
Contact: Gareth Lacy (916) 324-5500 
Brown Sues To Topple Online Pyramid Scheme 
LOS ANGELES--California Attorney General Edmund G. Brown Jr. today announced a lawsuit against YourTravelBiz.com for operating a "gigantic pyramid scheme" that recruited tens of thousands of members with deceptive claims that members could earn huge sums of money through its online travel agencies. 
What does Brandon say about Zamzuu / YTB? 




Wait a minute... this is the EXACT SAME PARAGRAPH written for FHTM, albeit phrased a little differently, and subject changed to Zamzuu! In fact, this is the SAME conclusion drawn for TVI Express as well! 
The pattern is clear... Brandon claims EVERY "scam" he came across is NOT a scam, despite governments declaring that it is. 
I wouldn't bother reading the rest of his reviews. It's obvious he's going to proclaim they are not scams either. 
Brandon, you are full of ****. 
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Monday, August 15, 2011

NEWSFLASH: Namibia is aware of TVI Express still operating in the country

New Era newspaper reports:  ( http://www.newera.com.na/article.php?articleid=40124&title=BoN%20warns%20against%20TVI )

BoN warns against TVI Express
WINDHOEK – Bank of Namibia maintains its position that the popular Travel Venture International (TVI) Express is a pyramid scheme, and would be forced to go after those engaged in the scheme, since it contravenes Namibian banking laws.
However, the Namibian chapter of TVI Express continues operations and the members say changes have been made to conform to “African laws”. These changes should satisfy the concerns expressed by the central bank. 
South Africa’s central bank has also launched an investigation into the activities of TVI Express, but according to Namibia’s head of TVI Express, Magnus Nangombe, the investigation appears to be “an agenda, and issue driven by consumer watch [bodies]”, who are not in favour of the TVI Express business model.  
The South Africa Reserve Bank says Nangombe had never had a problem with TVI Express before until the renewed agenda from consumer watch bodies.  
Ironically, the Bank of Namibia is under the impression that TVI Express is no longer active in the country since the bank issued statements last year, for people to desist from engaging in TVI Express activities. 
It now warns that the Act sets clear procedures on how to take the TVI case further, referring to legal action, if the persons involved failed to repay the monies taken from the public.  
“Should the bank find that TVI Express failed to adhere to the directives given to them earlier; this will leave the bank with little option but to invoke the provisions of the law and institute legal action,” said Bank of Namibia in response to questions from New Era.  
Nangombe says they have “restructured TVI activities to operate according to the continent, with director for TVI Africa sitting in Johannesburg”.  
“There are many changes made and we in Namibia would also check what changes are needed,” he said adding that they are “not afraid” of the agendas that would meet them in a bid to stop TVI Express operations, neither does he foresee any problem once the changes are announced.  
According to information obtained by New Era, the changes made revolve around redefinition of terms involving the taking of money from the public.  
The South African Reserve Bank is conducting investigations into TVI Express activities, and media reports suggest that an estimated 100 000 South Africans have invested in TVI Express, and more than N$144 million in cash transactions and investments have been identified thus far.  
TVI Express members in Namibia are estimated at about 3 000 people. TVI Express is banned in China, USA, Britain, Australia, while Swaziland has also issued a warning asking the company not to operate in their country.

Typical scam excuse: they don't understand us, we're so new, so they're afraid of us, and they want to ban us.
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Tuesday, August 9, 2011

TVI Express Indonesia members still in denial about BKPM ruling

Here's a couple denial-ists claiming the BKPM letter is a fake, event though newspaper already reported total revokation of PT TVI Express Indonesia's business license.

And yes, this was captured this morning.

What are they going to say next? That the Sun rises from the west?

(Here's the original in Indonesian language)


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Thursday, August 4, 2011

NEWSFLASH: Indonesia to form anti-fraud task group, mentions TVI Express by name

Direct Sales is not growing in Indonesia, and the rise of fraud such as TVI Express sure didn't help. With so many complaints, Indonesia is forming a multi-agency task force on MLM fraud in the wake of TVI Express fraud.

http://www.tempointeraktif.com/hg/bisnis/2011/08/04/brk,20110804-350112,id.html
Lately reappear fraud cases under the guise of direct sales by PT TVI Express. This travel service company did not have legal permission to do direct sales activitiesSome people who have signed up to be a member of TVI Express direct sales by paying particular fund but did not get the promised bonuses or benefits. The government is already making the Task Force on Handling Allegations of Unlawful Actions in the Field of Community fund-raising and Investment Management. The Task Force is a joint team consisting of Bapepam-Finance Institutions, Ministry of Commerce, Bank Indonesia, Ministry of Cooperatives and Small and Medium Enterprises, National Police Criminal Investigation and Prosecution to prevent and deal with fraud under the guise of direct selling."This is the effort made ​​under the technical ministries Task Force to prevent fraudulent guise of money game, "said Director of Business Development of Trade, Ministry of Commerce, Jimmy Bella. EKA Utami APRILIA

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Friday, July 15, 2011

NEWSFLASH: TVI Express HQ in Bangalore India raided by police, 2 arrested

IndiaTimes reports:

http://timesofindia.indiatimes.com/city/bangalore/2-held-for-taking-many-for-a-ride/articleshow/9241742.cms

BANGALORE: Central Crime Branch arrested two partners of a multi-level marketing company in Wilson Garden for cheating several persons including software engineers by promising them time-share holidays at posh resorts and hotels abroad. In MLM schemes, a member has to enrol a certain number of new members before he becomes eligible for benefits. 
Mohammed Nayeem and Ramiz Ashraf Vani, both from Baramulla in Jammu & Kashmir, opened a travel agency called Travels Venture International Express (TVI Express) at Hara House Building in JAT Street off Hosur Road about two years ago. Through their company website, they offered customers annual holiday packages abroad for just Rs 15,500. 
CCB found they'd cheated people to the tune of Rs 2 crore. "We're questioning them to find the volume of business across India. We're going through their hard disk and online transactions," an investigating officer said. 
The scam came to light when the duo tried to fob off customers with excuses. Once they enrolled a member, they set new conditions of eligibility for accommodation," police claimed. 
"They tried to evade customers and when some got suspicious, they approached the police. The company made fake offers with an intent to cheat," said a CCB officer. Both are remanded to police custody. 
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Thursday, June 16, 2011

NEWSFLASH: More TVI Express Fraudsters Sentenced to Jail in China

This news was a bit hard to find, but apparently three more TVI Express fraudsters were sentenced in China at the beginning to May, 2011.

http://www.chinafcx.com/flfg/cxaj/7765.html


免费到国外旅游?原是传销惹的祸


Free travel abroad? Misfortune caused by pyramid scheme

中国反传销网 来源:中国法院网 作者:徐伟 红珍 2011年05月05日

China's anti-MLM Network Source: China Court Network  Author: Xu Fong Hong Zhen May 5, 2011


1897元加入“英国TVI旅游快车”后,即可享受“免费入住五星级宾馆七天六夜,免费到国外旅游”的待遇,你信吗?天上真的会掉馅饼吗?其实掉下来的不是馅饼是陷阱,是传销组织编造的美丽谎言,30余人被骗上当。昨日,经依法审理,河南省封丘县人民法院以组织、领导传销活动罪对温玉等三人定罪量刑。
  Join "British TVI Travel Express" for 1897 Yuan, and you can enjoy "free accommodations in five-star hotel 7 Days 6 Nights, free to travel abroad,", do you believe it? Will fortune literally fall in your lap? In fact, there is no falling fortune, but falling trap, a pyramid scheme made ​​up of beautiful lies, with more than 30 people fooled. Yesterday, after trial, Fengqiu County, Henan Province People's Court, convicted and sentenced Wen Yu's group of three for organizing and leading pyramid scheme.

审理查明,2009年5月份以来,被告人温玉通过他人加入“英国TVI旅游快车”后,伙同被告人杨瑞、郑枝在封丘、长垣等地以“免费入住五星级宾馆七天六夜,可以免费到国外旅游”等为名,要求参加者以每单1897元,购买八单后,获得加入资格,引诱参加者继续发展他人加入,就可以到盘主的位置,挣500美元,到了快车盘上之后到盘主位置可以挣1万美元,引诱参加者继续发展他人参加,并直接以发展人员的数量作为返利计酬依据,骗取财物,经查加入该传销组织的人员在三十人以上,温玉、杨瑞、郑枝的层级均在三级以上。
  Investigations showed that since May 2009, the defendant Wen Yu was recruited by others to join "British TVI Travel Express", then the defendant together with Yang Rui, Zheng Zhi, recruited in Fengqiu, Changyuan, and other places with the slogan "free five-star hotel seven days six nights, free to travel abroad", asked participants to pay 8 shares at 1897 yuan per share, to lure participants to sponsor other people to join, complete the board, earn $500. If he advanced to express board, and also complete the board, he can earn $10000 US Dollars. The reward is directly dependent on amount of people recruited, and thus a financial fraud. Over thirty people were recruited, and Wen Yu, Yang Rui, Zheng Zhi all are level 3 or higher.


法院审理后认为,被告人温玉、杨瑞、郑枝以推销英国TVI旅游快车项目为名,要求参加者以缴纳费用的方式获得加入资格,并按照一定顺序组织层级,直接以发展人员的数量作为返利计酬依据,引诱参加者继续发展他人参加,骗取财物,扰乱经济社会秩序,其行为已构成组织、领导传销活动罪。被告人温玉、杨瑞、郑枝共同故意实施传销活动中,温玉起主要作用,系主犯,在共同犯罪活动中杨瑞、郑枝起次要作用,系从犯,应当从轻或者减轻处罚;被告人杨瑞、郑枝认罪态度较好,确有悔罪表现,放之社会不致再危害社会,以判处缓刑为宜。

  The court, after investigation, determined that defendant Wen Yu, Yang Rui, Zheng Zhi, used the name of promoting "British TVI Travel Express", requiring participants to pay membership to qualify for payment, organized advancement based pyramid shape, with compensation directly based on sponsoring people to join, to lure participants to continue to sponsor others, is financial fraud, disruption of economic and social order. This behavior constitutes crime of organizing and leading pyramid schemes. Defendant Wen Yu, Yang Rui, Zheng Zhi together intentionally perpetrated pyramid schemes, but Wen Yu is the leader in the scheme, and Yang Rui, Zheng Zhi played a secondary role, and being accomplice, should receive lighter or mitigated punishment ; defendant Yang Rui, Zheng Zhi with a good attitude, do show repentance, should not harm society if released, so sentence of probation is appropriate.


最后,该院以组织、领导传销活动罪,依法判处温玉有期徒刑一年零二个月,并处罚金人民币20000元;判处杨瑞有期徒刑一年缓刑二年,并处罚金人民币10000元;判处郑枝有期徒刑一年缓刑二年,并处罚金人民币10000元。

  Finally, this court, for organizing and leading a pyramid schemes, sentences to imprisonment for one year and two months Wen Yu, and fined 20,000 yuan; Yang Rui sentenced to one year imprisonment suspended for two years and fined 10,000 yuan; sentenced Zheng Zhi to one year imprisonment suspended for two years and fined 10,000 yuan.
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