November 2009 Archives

November 26, 2009

UBS Diversified Growth & Oxford Global Were Massive Ponzi Scheme Says SEC

November 26, 2009 - Trevor G. Cook and Patrick J. Kiley, both Minnesota residents, allegedly operated a foreign currency investment scam through their four main entities: UBS Diversified Growth LLC, Universal Brokerage FX Management LLC, Oxford Global Advisors LLC, and Oxford Global Partners LLC. According to the complaint filed by the SEC this week, Cook and Kiley ran a Ponzi scheme, which took in over $190 million and had at least 1,000 investors.

The SEC alleges that from July 2006 through July 2009, Cook and Kiley enticed over 1,000 investors by promising annual returns of 10-12%. Cook and Kiley promised their clients that their money would be kept in separate accounts for each individual and invested in foreign currency trading. In reality, the SEC claims investor money was pooled together and deposited into the accounts of various entities controlled by Cook and Kiley.

According to the complaint, Cook and Kiley moved $108 million through their various entities and did use a portion of that money for foreign currency trading, but this resulted in losses of $48 million. The SEC claims that Cook and Kiley pocketed $42.8 million for personal use, including $18 million used to purchase ownership interests in two trading companies, $12.8 million, which was moved to Panama, ostensibly for the construction of a casino, $2.8 million to purchase the Van Dusen Mansion, and $4.8 million, which Cook lost gambling. Also, it is alleged that nearly $51 million was used to make payments to prior investors in a Ponzi-like fashion.

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November 24, 2009

Capital Mountain and Systems XXI Scam Uncovered by SEC

November 24, 2009 - The SEC alleges that Derek A. Nelson ran a Ponzi Scheme using fictitious companies: Capital Mountain Holding Corporation ("CMHC"), Systems XXI, Act I, LLC, and Systems XXI, Act II, LLC. In a Complaint filed last week in federal court for the Northern District of Texas, the SEC brought civil claims against Nelson, CMHC, Act I, and Act II. The SEC also named two other Nelson entities, Plouteo, Inc. and Homaide Real Estate Services, Inc., as relief defendants. According to the complaint, Nelson's scam enticed hundreds of investors and raised over $25 million from June 2008 through September 2009.

In June 2008, CMHC, based in Dallas, Texas, began offering promissory notes purportedly to raise capital for investment in distressed homes. Nelson, 42 from Fairview, Texas, told David Nelson World Finance Cover.jpginvestors that he would use the money to purchase these properties at a discount and then renovate or rent them and eventually sell them at a profit. Nelson gathered investors through vigorous internet marketing and a Canadian-based marketing firm. The CMHC notes promised returns of 10% per month for three months. CMHC allegedly raised $15 million from these sales.

In October 2008, Nelson began offering similar notes from Act I and Act II. The Act I notes offered 18% yearly returns for two year investments and the Act II notes 21% yearly returns for five years. These notes also declared that 90% of investor funds would be used to purchase and rehab properties. According to the SEC, Nelson raised at least $10 million from sales of Act I and Act II notes.

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November 23, 2009

Boston, Massachusetts: Sumner Tunnel Accident Kills Woman

November 23, 2009 - Sharlene O. Bauptista, 34 from Roslindale, Massachusetts, has died as a result of serious personal injuries sustained in a single vehicle car accident in the Sumner Tunnel on Sunday morning. Passengers Amaurys E. Objio and Jose Danny Baez, both 25 and from Roslindale, were ejected from the vehicle and were seriously injured.

Sumner Tunnel.jpgApparently, Bauptista's car collided with the median barrier as she was traveling towards the Storrow Drive exit ramp from the Sumner Tunnel at approximately 1:23 a.m. The exit ramp was closed for three hours. Police indicated that no one in the car was wearing seat belts.

Bauptista was transported to Massachusetts General Hospital, where she was pronounced dead. Objio was also taken to MGH and Baez was taken to Boston Medical Center. Both are being treated for serious injuries.

The accident remains under investigation by the Massachusetts State Police in conjunction with the Suffolk County District Attorney's Office.

Source: Boston Herald

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November 20, 2009

Revere, Massachusetts Pedestrian Dies Following Car Accident

November 20, 2009 - Jose Funez, 35 from Revere, Massachusetts, has died as a result of serious personal injuries sustained when he involved in a car accident on Saturday night. Jonathan Spano, 29 from Winthrop, was driving a black 2006 Chevrolet Cobalt northbound on Revere Beach Parkway while Funez was crossing the street at the intersection of Winthrop Avenue. Apparently, Spano did not see Funez and unfortunately struck him with the Cobalt.

The accident occurred at around 7:30 p.m. in a poorly lit area during rainy weather. Funez was reportedly dressed in dark clothing. The poor visibility and weather conditions, coupled with Funez' dark clothing and the dark color of the Cobalt were the likely factors that contributed to the accident.

Funez was transported to Massachusetts General Hospital, where he was later pronounced dead. Police say criminal charges against Spano are unlikely.

The accident remains under investigation by the Massachusetts State Police.

Source: The Daily Item

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November 19, 2009

Lowell, Massachusetts Hit and Run Injures 12 Year Old Boy

November 19, 2009 - Kelvin Savanhmixay, 12 years old, suffered serious personal injuries when he was hit by a car that was apparently drag racing in Lowell, Massachusetts on Wednesday. Two cars were allegedly racing on the VFW Parkway near the University of Massachusetts-Lowell campus. One of the cars struck Savanhmixay as he was standing in the crosswalk at Mammoth Road at around 2 p.m.

Thursday, the Lowell Police have found a dark blue Acura RSX, one of the cars they believe was involved in the accident. The Acura was found in Methuen and had visible damage to the front bumper and a broken windshield on the driver's side.

According to witnesses, a black car and blue car were racing eastbound on the VFW Parkway on Wednesday afternoon. The blue car struck Savanhmixay as it was allegedly trying to pass the black car on the left. The police stated that the driver of the blue car drove off. The driver of the black car stopped, exited the car and spoke with someone briefly at the scene before fleeing as well.

Savanhmixay was taken to Children's Hospital in Boston and was treated for serious injuries. He remains in intensive care but is expected to survive. The accident is still under investigation by the Lowell Police Department.

Source: Boston.com

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November 18, 2009

Mantria Corporation & Speed of Wealth Scam Uncovered by SEC

November 18, 2009 - Mantria Corporation and Speed of Wealth, LLC operated a ponzi scheme, claims the Securities and Exchange Commission ("SEC") in a complaint just filed in federal Court in Colorado. The SEC has filed a civil action against Mantria Corporation, Troy B. Wragg, Amanda E. Knorr, Speed of Wealth, LLC, Wayde M. McKelvy, and Donna M. McKelvy in the United States District Court for the District of Colorado, alleging that they operated a $30 million investment scam. According the SEC's complaint, over 300 individuals, mostly elderly, unknowingly participated in the scheme, which sought investors to support Mantria's environmentally conscious investments.

Mantria Corp Logo.jpgMantria, based in Bala Cynwyd, Pennsylvania, was run by Wragg and Knorr and offered potential investors unregistered securities with yearly rates of return between 17% and "hundreds of percent." Investors thought they were financing Mantria's "green" initiatives including a "carbon negative" housing development in Tennessee, and a "biochar" charcoal alternative made from organic waste. The SEC alleges that Mantria's supposed projects did not produce significant returns and a majority of payments made to investors were from funds accumulated from earlier investors.

 

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Speed of Wealth, LLC, headquartered in Centennial, Colorado is operated by Wayne and Donna McKelvy and apparently worked in conjunction with Wragg, and Knorr to market and promote investments in Mantria. Speed of Wealth was a "wealth education" program founded by the McKelvys that offered investment seminars, online webinars, telephone conference calls, and hosted online radio programs.

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November 14, 2009

Oxy® Face Wash Caused Skin Discoloration Says Afro-American College Student

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November 14, 2009 - An eighteen year old Boston area college student reports that she purchased and used Oxy® Maximum Face Wash, a well known acne treatment product sold in pharmacies throughout the U.S., but eventually the skin on her face became significantly discolored in areas where she had applied the product.

 The young woman first bought the over-the-counter medication in the summer of 2009 at a CVS store. She used it daily as directed for several months, but eventually noticed that she was losing skin color in the areas of her face where she had applied the face wash. She immediately ceased use of the product, but the skin discoloration remained.

Now, several months later, and even though she has not used the product again, she still has significant discolored patches on her face. Recently, she was examined by a dermatologist who was not willing to confirm whether or not the condition was permanent. In his words, "only time will tell". Meanwhile, this young lady must now apply make-up to her face whenever she goes out, in an attempt to hide what she considers obvious disfigurement as the result of her use of the Oxy®  product.

 

                      CroppedOxyPictureAfter4.jpg                                  Oxy®  Face Wash, manufactured by the Mantholatum Company, Inc., is prominently advertised to contain ten percent (10%) benzoyl peroxide, a product widely used to fight acne, but which has also been reported to have side effects, causing itchy, dry skin and rashes. The product's label and other literature give no warning that skin discoloration could occur as a result of use of the Oxy®  Acne Products.

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November 14, 2009

Millennium Bank Scam - Class Action Claims JPMorgan Chase ( WAMU ) Aided Ponzi Scheme

Thumbnail image for Thumbnail image for millennium_bank_1.jpgNovember 14, 2009 - The Boston Law Offices of Keith L. Miller and Washington D.C. based, Steven Berk (Berk Law), in conjunction with Cotchett, Pitre & McCarthy, has filed a class action against JPMorganChase as the successor in interest to Washington Mutual ("WAMU") in the US District Court for the Northern District of California. The complaint alleges that WAMU's banking services played an integral role in facilitating the $150 Million Ponzi scheme perpetrated by William Wise and Millennium Bank.

 

 

Thumbnail image for tv photo.jpgAccording to the complaint, Wise and Millennium Bank raised over $150 million from over 250 investors by promising returns as high as 9% on premium certificates of deposit, when the market was offering much lower rates. Millennium Bank was primarily operated out of Napa, California and claimed to be a subsidiary of United Trust of Switzerland, another Wise entity.  Millennium Bank's sophisticated internet marketing allowed them to dupe hundreds of investors worldwide.

 

As described in the Complaint, Millennium Bank's staff in Napa instructed purchasers of the high-yield CDs to wire funds to its WAMU accounts opened in Las Vegas, Nevada under fictitious names, or to send checks to Napa, which were subsequently deposited into these accounts. The money then moved offshore or was used to pay for Wise's lavish lifestyle. There is no evidence that he made any investments with victims' money. A copy of the Complaint appears below:

 

 

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November 11, 2009

Foxborough, Massachusetts Accident Turns Fatal for Elderly Connecticut Woman

November 11, 2009 - Mary Sheehan, 69 from Hamden, Connecticut, has died as a result of serious personal injuries sustained in an automobile accident in Foxborough, Massachusetts on Monday at 3:30 p.m. Sheehan was a passenger in a car driven by her husband Dominick Sheehan, 75 also from Hamden.

Apparently, Dominick Sheehan lost control of the vehicle causing the car to rollover into the median. The couple was traveling north on Route 495 just before the exit for Route 1 in Wrentham, when the accident occurred.

According to the Massachusetts State Police, Mary Sheehan was pronounced dead at the scene. Dominick Sheehan was taken to Rhode Island Hospital in Providence and treated for his injuries.

The accident remains under investigation.

Source: The Sun Chronicle

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November 7, 2009

Cedars-Sinai Radiation Mistake Could Cause Long Term Injury

November 7, 2009 - Cedars-Sinai Medical Center, the renowned Los Angeles hospital, has recently disclosed that 206 patients had received radiation overdoses over an 18 month period in 2008 and 2009. The overdoses occurred while radiologists were administering CT brain perfusion scans, a procedure used to aid in the diagnosis and treatment of strokes. Cedars Sinai Logo.gif

Apparently in February 2008 Cedars-Sinai radiologists overrode the default settings on a CT scanner used for the brain scans, hoping to obtain clearer data. Due to the changed settings, patients received doses up to 8 times the normal dose of 0.5 Gray for a brain perfusion scan. A Gray is a measured unit of emitted radiation.

The overdoses went undetected until August 2009 when a patient contacted the hospital to report patchy hair loss. No other patient had previously reported any symptoms from the exposure. According to the Food and Drug Administration, because the problem went undetected for so long, patients may be at an increased risk of long term effects from radiation exposure.

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November 6, 2009

Milford, Massachusetts Woman Involved in Fatal Crash in Nashua, New Hampshire

November 6, 2009 - Michelle Boehm, 48 from Milford, Massachusetts, has died as a result of serious personal injuries sustained in a disastrous automobile accident on Wednesday night in Nashua, New Hampshire. Boehm's Mitsubishi Eclipse collided with a stopped tractor-trailer driven by Stanley Balcewicz, 57 of Worcester, Massachusetts, and then careened into a Nissan Altima driven by Frank Morales, 21 from Nashua. The accident occurred shortly before 11 p.m. at the intersection of Amherst Street and Celina Avenue.

According to the Nashua Police, Boehm was traveling west on Route 101A when she her Eclipse smashed into the back of Balcewicz' immobile tractor-trailer, which was stopped in the left lane waiting to turn onto Celina Avenue. Evidently, the Eclipse went underneath the rear of the tractor trailer and hit Morales' westbound Altima.

The Nashua Fire Department had to use power extraction tools to remove Boehm from the vehicle. Neither Balcewicz nor Morales were injured in the crash. It is unclear what caused the accident and according to one reporter there were no skid marks at the scene that suggested Boehm was able to apply her brakes before crashing into the truck.

Boehm was described as a devoted and loving mother to her two children and will be missed by many.

The accident remains under investigation.

Source: The Nashua Telegraph

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November 2, 2009

UNC Says No Consent Required for Mammography Registry in Spite of Massive Data Breach

November 2, 2009 - The University of North Carolina is now apparently claiming that no consent was required to include patients, and their personal information, in the data base of a statewide mammography registry. According to Karen McCall, UNC Health Care spokesperson, "federal regulators waive consent requirements for projects like the Carolina Mammography Registry because it is a population-based study dealing with hundreds of thousands of pieces of data".

UNC Dome.jpgThis is interesting news for the thousands of female patients whose birth dates and social security numbers were included in the database, and may have been compromised by hackers who gained access to the system as far back as 2007. It appears that most of the patients had no knowledge either that they were being included in any study, or that personal information would be a part of the information provided.

 

In fact many learned of their inclusion in the study only when they received a letter from the Carolina Mammography Registry and signed by Bonnie C. Yankaskas, Ph.D., Professor, Department of Radiology, which stated as follows:

I am writing to notify you about a computer security breach that may have
resulted in the unauthorized exposure of your personal information. In late
July 2009, information technology employees at The University of North
Carolina at Chapel Hill ("University") discovered that a computer server
storing data for the Carolina Mammography Registry ("Registry") at the
University's School of Medicine was targeted in a computer hack. We believe
this hacking incident may have occurred in 2007. When University staff
learned that the server was compromised, the server was taken down, and all
data on the server were removed.

The letter then went on to say:

Unfortunately, some of your personal information was on the Registry's server
at the time of the hacking incident. This information included your name and
Social Security number. In many cases, these data also included your date of
birth, address, phone number, demographic information, insurance status, and
health history information.

UNC apparently is relying on the fact that the Mammography Registry was part of a federally funded cancer study and that federal regulations waived the need for consent. However, McCall failed to cite any particular federal regulation, which would circumvent an individual's right to privacy, and in particular, which would expressly permit the dissemination of a patient's most private personal information. When asked why patients would not have been asked to consent to the use of this information in the study, McCall stated that there were "so many participants that the cost of getting permission would be prohibitive to the point of not being able to do the study" .

Source: News Observer

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