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For decades, the WatchTower Society has time and again portrayed Jehovah's Witnesses as "the most honest people on earth". Why? Because, Jehovah's Witnesses are taught that they are "the only true religion on earth". The following state and federal employment related criminal and civil court cases are not intended as evidence that Jehovah's Witness Employees are more dishonest than other employees, but rather are intended to demonstrate that Jehovah's Witnesses are just as dishonest or honest as are other members of the human population -- whether religious or non-religious.
Mounting evidence, however, seems to indicate that a higher than normal percentage of Jehovah's Witness Investment Salespersons are turning to crime. See all the cases below which have become public over the past decade just since the flood of information provided by the internet.
One can't help but wonder how many Jehovah's Witnesses and others were ripped off by fellow JWs over the decades because JWs would not report the crime to authorities in order not to harm the reputation of their own religion. I actually have personal experience of such occurring. Back in the early 1960s, a Jehovah's Witness whom I recall as being described as a WatchTower Society "Special Pioneer" moved through our area selling worthless stock investments to Jehovah's Witnesses, and to whomever local JWs would vouch for his honesty. My "very poor" father, grandfather, and one uncle all lost every single penny they gave to that Jehovah's Witness Conman to invest for them. However, the only ones to whom the crime was reported were other WatchTower representatives, who would promise to "do something about it", but never did. I personally recall the very last "sit-down" in the latter 1960s with a newly moved-in Congregation Servant, named Ralph Moore, who on hearing about such promised that he would get to the bottom of the matter. Like all of the others before him, after he left to investigate such, not only was nothing done, but you could not even get him to further discuss the matter.
Readers specifically interested in the topic of Jehovah's Witness Honesty and Integrity should be aware that related court cases are scattered throughout this website -- specifically the JW Business Owners, Managers, and Supervisors page. Readers should also refer to the 8 webpages of other types of thefts and other criminal court cases posted on the JW CHILDREN website linked from this website's Homepage.
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The evidence shows that certificates numbers four and eight were issued to Williams for a good and valuable consideration. ... There was evidence to the effect that the corporation received and accepted legal services rendered by Williams of the value of $3,950 and that he expended $1,250 in money in behalf of the corporation. The jury found upon sufficient evidence that appellants accepted such services and money from Williams in consideration for stock certificates numbers four and eight and recognized the validity of the certificates. ... ... ...... There was no provision in the articles of incorporation, in the original bylaws or in the shares for a restriction on the sale or transfer of the stock except a provision that a transfer must be made on the stock transfer books of the corporation. Williams thus acquired 2,500 shares of Sandor Petroleum Corporation stock free of any charter limitation on its sale or transfer. His ownership of the stock and his right to sell or transfer it was a vested right and interest, subject only to the right of the corporation to manage and regulate its affairs under the laws of this state and under the provisions of its charter and bylaws. ... ... ...... Conversion is defined as "an unauthorized assumption and exercise of the right of ownership over goods or personal chattels belonging to another to the alteration of their condition or the exclusion of an owner's rights." ... The essence of conversion of property is the wrongful deprivation of it to the owner. Conversion may be direct or constructive. ... The evidence shows that in accordance with the bylaw restricting the sale of non-restricted stock certificates previously issued to Williams, the corporation cancelled his certificates numbers four and eight and substituted in lieu thereof certificate number nine containing the restrictions on sale and transfer. This was an unauthorized alteration of the condition of Williams' stock. Actually the cancellation of his original shares was in effect a taking of his stock and was an unauthorized and unlawful act amounting to conversion. ... The new stock certificate was enclosed in a letter to Williams from the corporation advising him of the action taken. The letter stated in part: "Please return original certificates number four and eight which are cancelled." The evidence further shows by letters from the corporation to Williams that unless the procedure prescribed in the amended bylaw restricting the sale and transfer of stock was complied with no transfer would be recognized or entered upon the books of the corporation. Williams had been negotiating with prospective purchasers of his stock. Appellants by letter advised such prospective purchasers that the corporation would not recognize a sale of Williams' stock and would not enter a transfer on its books unless the requirements of the amended bylaw were first complied with. They were wrongfully asserting and exercising an authority over a right in the stock which was adverse to and destructive of the vested property right and interest of Williams therein. ...
*** Alec Sabo was reared as a JW in Carteret, New Jersey. In 1946, at age 26, Alec Sabo moved to Abilene, and married a JW named Evelyn Parker, in May 1947. During WW2, Hayden Covington "unsuccessfully" represented Sabo's brother-in-law in a "draft dodger" case in New Jersey. Given Sabo's age, and having moved long distance away from friends and family soon after WW2 ended, Sabo too may have done prison time during WW2, and may also have been represented by Hayden Covington.
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IN THE MATTER OF GEORGE H. HARTMAN was a 1995 New York judicial disciplinary proceeding involving a private NYC Jehovah's Witness Attorney, who over the years represented both the WatchTower Society and individual Jehovah's Witnesses in New York, Illinois, Arkansas, and probably other states, including cases summarized on these websites. Notably, George Hartman liked to boast that he had never attended college nor law school. One can't help but wonder if the three complaining clients were fellow JWs.
Respondent concedes that he neglected an ancillary probate proceeding, an estate proceeding, and a divorce matter.
According to his physician, he is mentally incapacitated by depression from the practice of law. ...
In view of the written report from the respondent's treating psychiatrist as to his mental state and statement from his counsel that respondent is unable to defend himself in the pending disciplinary proceeding by virtue of mental incapacity ... respondent is suspended from the practice of law for an indefinite period of time and until further order of this court upon the ground that the respondent is suffering from a mental condition which makes it impossible for him to adequately defend himself in the pending disciplinary proceeding.
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WATCHEN NELSON and ANDREW DASTINOT v. JAMES KAMARA is an EXTREMELY INTERESTING 2009 Delaware state court case, because this court case was a financial dispute between a Jehovah's Witness Female and an African-American Jehovah's Witness PRESIDING OVERSEER. Interestingly, the JW Female wound up taking the Presiding Overseer to public court ONLY after following the WatchTower Society's general rule that Jehovah's Witnesses NOT take fellow JWs to public court, but rather first try to resolve the issue between themselves, and if that fails, to take the matter to the local JW Congregation. Not only did the JW Female follow those directives, but the JW Female even took the matter directly to the WatchTower Society -- evidently, unsuccessfully.
In summary, Watchen Nelson loaned James M. Kamara, owner of Smyrna Real Estate LLC, $60,000.00 in 2005, and $113,830.34 in 2007. James M. Kamara did not make all of the contracted interest payments, nor did he repay the principal. After Nelson was forced to sue Kamara in public court, Kamara countersued Nelson for defamation. Nelson also accused Kamara of assaulting her at some point. Viewers can click on the PDF link to read the case in its entirety. Here are some interesting excerpts from the decision of the Delaware Superior Court (out of published order) :
CONCLUSION:
The Court finds that defendant owes Watchen Nelson $193,697.50 on the August 24, 2005, agreement and $141,830.34 on the March 1, 2007, agreement, plus post-judgment interest and costs. The Court finds that the alleged defamatory statements are either true or substantially true, or are subject to absolute privilege. THEREFORE, the Court finds defendant liable to plaintiffs in the amount of $335,527.84, plus post-judgment interest and costs; and the Court finds plaintiffs not liable to defendant for defamation. ... ... ...
Defamation Counterclaim:
The Court also must consider Kamara's counterclaim for defamation. The party alleging defamation must establish: (1) a false and defamatory communication concerning plaintiff; (2) publication of the communication to a third party; (3) understanding of the defamatory nature of the communication by the third party; (4) fault on the part of the publisher; and (5) injury to plaintiff.
Kamara offered the testimony of his sister, mother and father to support his claim. He claimed three defamatory acts: a letter from Nelson to the Watchtower Society headquarters, statements by Nelson to friends, and statements to the Delaware Attorney General's office and police as part of an investigation. The Court will examine each alleged instance.
Watchtower Society Letter
The Court heard testimony about a letter from Nelson to the Watchtower Society headquarters in Brooklyn, NY. Nelson testified that she wrote the letter to address the problems she had in her business dealings with Kamara. Kamara was a presiding overseer in the local Jehovah's Witnesses congregation. Nelson sought redress for her problems with Kamara from the Watchtower Society, which is the church's national headquarters. The Court heard testimony regarding the church's official practice of requiring its members to attempt to resolve their differences through the intervention of other members.
Kamara did not offer the letter into evidence and Nelson vaguely described it during testimony. The "gist" or "sting" of the letter dealt with the fact that Kamara received money from Nelson and refused the pay it back."Under Delaware law there is no liability for defamation when a statement is determined to be substantially true." The Court finds that the letter to the Watchtower Society was substantially true and therefore not defamatory.
Statements to Friends
Kamara further alleges Nelson made defamatory statements about him to her friends and members of their congregation. Kamara's father testified Nelson told members of the congregation Kamara refused to pay back dollars. His mother also testified that Nelson made similar statements to family members and congregation members and that everyone knew about the problem. Kamara's sister added that at least 10 people know about the dispute. Again, this Court finds the statement -- that Kamara refuses to pay back Nelson -- as expressed during her conversations about the dispute to third parties, is substantially true and therefore not defamatory.
Statements to Law Enforcement
Kamara also contends that Nelson defamed him in statements to the Attorney General's office and police. Nelson made statements to the Attorney General's office and police as part of an investigation regarding an alleged assault by Kamara against Nelson. In the course of her testimony in that case and conversations with law enforcement, Nelson stated that Kamara "stole our money" and slammed a door in her face.
This Court need not determine if her statements were substantially true. "Absolute privilege" is an affirmative defense to defamation in Delaware. The long-recognized common law rule "protects from actions for defamation statements of judges, parties, witnesses and attorneys offered in the course of judicial proceedings" as long as they are relevant to the proceeding. The Court finds that "absolute privilege" applies to Nelson's statements.
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In the mid 1990s, when visiting local relatives, a Jehovah's Witness living out-of-state would occasionally attend the Sunday meetings at the Mount Vernon, Kentucky Kingdom Hall of Jehovah's Witnesses, in Rockcastle County, Kentucky. After one of such Sunday meetings, knowing about out-of-state JW's past generosity to that Congregation, one of the local Elderettes approached out-of-state JW and began "hinting" at the spartan Kingdom Hall's need for two new chairs for the stage (that's "altar" for non-JWs). Later that week, after returning home, out-of-state JW mailed a check for $1000.00 to the Mount Vernon Kentucky Congregation of Jehovah's Witnesses, along with a note designating that the donation be used to purchase new stage chairs.
About 3-4 months later, when out-of-state JW next visited relatives in Rockcastle County, Kentucky, out-of-state JW looked forward to seeing the Congregation's new stage chairs at the Sunday meetings. However, on entering the Kingdom Hall, out-of-state JW noticed two things. The first thing noticed was that the same old chairs were still on the stage, and the second thing noticed was that the local JW Elders barely acknowledged out-of-state JW's presence in the very small Kingdom Hall. Out-of-state JW "beat themself" for the entire two hour meeting based on the assumption that the $1000.00 donation had been "too stingy" to purchase the desired two chairs. After the meeting, out-of-state JW shamefully approached Husband-of-JW-Elderette to see how much additional money was needed to purchase the two chairs.
Out-of-state JW has long forgotten the exact words of the conversation, but after the hesitant initial inquiry, JW Elder quickly let out-of-state JW know that the Congregation did not need new chairs, or anything else, so the "Body of Elders" had decided to use the $1000.00 donation to re-pay one of the JW Elders for a past "loan" to the Congregation. That's correct, out-of-state JW's $1000.00 went straight into the pocket of one of the JW Elders. Out-of-state JW also received a mini-sermon as to how the $1000.00 donation had not been out-of-state JW's money to begin with, but was "Jehovah's" money. After referencing the specified designation, out-of-state JW was told that once the money was in the hands of the JW Elders that it was their's to do with as they saw fit. They were Jehovah's appointed representatives in the Congregation.
That was not the first time, but rather the second time, that out-of-state JW had been messed-over with regard to a donation made to that Mount Vernon, Kentucky Congregation of Jehovah's Witnesses. The very same JW Elder had previously screwed-over out-of-state JW in connection with a $5000.00 CASH donation that out-of-state JW had secretly handed this same JW Elder some months previously. In fact, a year or so after the $1000.00 conversion, or "theft", out-of-state JW heard via the grapevine that it was this same JW Elder that had pocketed the $1000.00. Does anyone blame out-of-state JW for wondering how much of the $5000.00 CASH donation actually made it into the Congregation's account?
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UNITED STATES v. FREDERICK C. FORCELLINA, BANK v. FORCELLINA, and IN RE FORCELLINA were related 2000-02 Connecticut federal, state, and bankruptcy court cases which involved one of the most prominent Jehovah's Witness Elders in the state of Connecticut. Fred Forcellina first received media attention as a Jehovah's Witness in 1951, when at the age of 20, the drafted Forcellina refused to serve in the U.S. Military. During the 1960s and 1970s, there were numerous media articles reporting that Forcellina had conducted JW funerals, conducted JW weddings, and spoke and worked at various WatchTower Conventions, including one at Shea Stadium.
Fred Forcellina supported himself and his JW Wife as a real estate agent and investor -- evidently quite successfully, given that, in 1998, Forcellina boasted to a reporter that he had traveled to NYC to see Frank Sinatra in concert "dozens of times". Forcellina also defended Sinatra's affection for mafia associations. Fred Forcellina's financial condition suffered unknown serious reversal around 2000, when he reportedly lost his entire $3,000,000.00 fortune. By 2001, Forcellina's home was in foreclosure, and he had filed for bankruptcy. In fact, a warrant was issued for Forcellina's arrest due to his failure to attend several bankruptcy proceeding.
On October 16, 2001, while on his way to those bankruptcy proceedings at the federal courthouse in Bridgeport, Connecticut, Fred Forcellina stopped at a payphone at a Fairfield shopping center and made a 9-1-1 call. Forcellina stated that the federal courthouse in Bridgeport, as well as the state courthouses in Norwalk and Stamford, had all been "dusted" -- implying anthrax. Forcellina also threatened that he and "his people" -- implying Al Qaeda -- were also going to "dust" railroad stations and schools. Fairfiled police caught him hanging up the phone, and questioned him, but allowed him to continue to the Bridgeport courthouse, where he was questioned by the F.B.I. Forcellina admitted making the call, and was subsequently arrested. In June 2002, Forcellina pleaded guilty to maliciously making false terrorist threats, and was eventually sentenced to six months in a federal halfway house -- reduced by the two months he had spent in jail. Son, Todd Forcellina, told the judge that his father, Frederick Forcellina, is a loving husband and father who is "always trying to take care of everybody else," and "he never really asked for help from anyone."
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FLORIDA v. PAUL is a December 2010 Florida state criminal court case. Francis L. Paul III, age 46, of Crescent City, Florida, was charged with "Exploitation of an Elderly Person" after a more than four-month investigation by DeLand, Florida police. Francis Paul reportedly also uses the alias, Francis P. Lipani III.
DeLand police allege that Francis Paul a/k/a Francis Lipani first met the mentally incompetent 84 year-old Deland female victim when he knocked on her front door with a Bible in his hand. Paul allegedly befriended the vulnerable elderly female and eventually talked her into going into a lawn care business with him. Police allege that Paul had the woman sign blank papers, which he then used to steal approximately $255,000.00 in savings and stocks.
Subpoenaed documents from seven banks showed the beneficiary on many of Frances Paul's bank accounts was the Watchtower Bible and Tract Society.
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STATE OF WASHINGTON v. PAUL COOPER, DORIS NELSON, LITTLE LOAN SHOPPE, TEAM SPIRIT AMERICA, ET AL. In January 2010, the State of Washington's Department of Financial Institutions entered a Cease and Desist Order against a multitude of Canadian and American business entities allegedly owned and operated by a resident of Colbert, Washington, named Doris E. Nelson, a/k/a Dee Nelson, a/k/a Dee Foster. While mentioned in this court document, Ralph Gamble, the C.E.O. of one or more affiliates, is not charged in this action.
In this action, Washington's DOFI alleges that Doris Nelson told investors they could earn as much as 60 percent on money Little Loan Shoppe and its numerous affiliates used to make payday loans to consumers. More than 300 American and Canadian investors bought notes worth $29,000,000.00 in U.S. currency and another $26,000,000.00 in Canadian currency. Dee Nelson allegedly told investors that high returns were possible because short-term, high-fee payday loans allowed Little Loan Shoppe to turn their money over several times. However, investors received no payments after March 2009.
In July 2009, the company filed bankruptcy under the name LLS America, LLC. In documents filed with the U.S. Bankruptcy Court, investors claimed Doris Nelson operated the companies as a Ponzi Scheme that paid early investors with money from new investors. DOFI alleges that Doris Nelson is not currently registered to sell her securities in the state of Washington and has not previously been so registered.
Also charged was Paul Cooper, who is believed to now be residing in Mexico. DOFI alleges that Paul Cooper facilitated securities transactions for Little Loan Shoppe, and that Paul Cooper is not currently registered as a broker-dealer or securities salesperson in the state of Washington, and has not previously been so registered.
Although it is yet to be determined whether Paul Cooper, Doris Nelson, or some other individual(s) connected to the named entities is/are Jehovah's Witnesses, the court document states:
Most investors with LLS affiliated entities learned about the investment opportunity from friends or family members that had previously invested. A number of investors were Jehovah’s Witnesses that heard about the investment from fellow Jehovah’s Witnesses. Interested individuals were typically referred to Cooper or Nelson for details on the investment.
Washington's Department of Financial Institutions is also seeking a $150,000.00 fine from Doris Nelson, and a $30,000.00 fine from Paul Cooper. DOFI is also asking that Doris Nelson and Paul Cooper be jointly and severally liable for and pay its' Securities Division the costs, fees, and other expenses incurred in the conduct of the administrative investigation and hearing of this matter of not less than $60,000.00.
Several media and/or web articles report that separate civil actions have been filed by investors in Washington and Florida, and possibly in Nevada, Arizona, and Utah. Those lawsuits reportedly are alleging fraud, conspiracy, breach of contract, and violations of numerous Washington securities and consumer protection laws. Nelson and Gamble have reportedly denied any wrongdoing.
One discussion board alleges that Doris Nelson's current husband, Dennis Foster, a son named Chris Foster or Christopher Foster, a daughter named Amanda Foster, and a step-son named Adam Nelson are/were high level employees of the various affiliates.
2011 UPDATE --- UNITED STATES v. DORIS NELSON. In Septmber 2011, the federal Securities and Exchange Commission charged Doris Nelson with operating an illegal Ponzi Scheme in which she defrauded investors in her company, Little Loan Shoppe, by misrepresenting the profitability and safety of their investments and giving them the false impression that their money was being used to grow her business. Nelson allegedly used the vast majority of new investor money to repay principal and purported returns to earlier investors. Nelson also allegedly used millions of dollars in investor funds for her own personal use.
Nelson allegedly raised over $135,000,000.00 from approximately 660 investors from 1999 to 2008. About 75 percent of the investors were members of the Jehovah’s Witnesses from across Canada, the United States, and Mexico. The alleged JW connection is PAUL COOPER, an unspecified "leader" of the Jehovah's Witnesses, who is from the Spokane, Washington area (and previously Idaho), but who also had a home in Acapulco, Mexico. Cooper allegedly maintained the "trust" of his fellow JWs by "funding charitable works", as a newspaper termed such, but what were likely actually large donations to the WatchTower Society. In fact, one of Cooper's JW victims, a Building Contractor from New Jersey who had retired to Mexico as a WatchTower missionary, named Russell Titmas, told a reporter that he "saw the investment as an opportunity to offer financial assistance to his faith and enhance its missionary work." Russell Titmas, who now claims nearly $500,000.00 in losses, started investing with Paul Cooper in 2006 after first checking out Cooper with several other Jehovah's Witnesses, who all praised Cooper. In fact, a newspaper reports that many of Cooper's JW Victims still believe that Paul Cooper has done nothing wrong. The U.S. Bankruptcy Court is seeking the return of $2,500,000.00 in commissions that Cooper kept from the millions that he solicited from his fellow JWs.
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UNITED STATES v. MATTHEW BRIAN PIZZOLATO; COMMODITY FUTURES TRADING COMMISSION v. MATTHEW BRIAN PIZZOLATO, WILLIAM CHARLES GUIDRY, and CAPITAL FUNDING CONSULTANTS LLC.; NUNEZ, ET AL v. SHEREL J. PIZZOLATO, MATTHEW BRIAN PIZZOLATO, ET AL; GUILLORY v. SHEREL J. PIZZOLATO, MATTHEW BRIAN PIZZOLATO, ET AL; DESELLES v. SHEREL J. PIZZOLATO, MATTHEW BRIAN PIZZOLATO, ET AL; and other yet to be identified civil and criminal court cases.
Sherel J. Pizzolato, father, and Matthew B. Pizzolato, son, age 26, of Tickfaw, Louisiana, are reputed to be members of an extended multi-generation family of Jehovah's Witnesses living in Louisiana. Sara [Crouch] Pizzolato, originally from Oregon and West Virginia, is wife of Sherel "Sonny" Pizzolato and mother of Matthew Pizzolato.
On November 20, 2009, Matthew Brian Pizzolato, age 26, was arrested for allegedly running a $19.5 million Ponzi scheme. A federal grand jury in New Orleans returned a 64-count indictment against Matt Pizzolato for allegedly stealing investments from 160 elderly clients from the New Orleans and Baton Rouge areas. The indictment included 52 counts of mail fraud, two counts of wire fraud, seven counts of money laundering, one count of securities fraud, and one count each of witness tampering and obstruction of justice. The 26 year-old Pizzolato was allegedly the head of 20 different companies in Baton Rouge, Covington, Hammond, and Lake Charles. Young Pizzolato allegedly had preyed on elderly clients since at least 2005 -- promising them steep returns on investments in certificates of deposit, U.S. Treasury bills, and other guaranteed and insured investments. Instead, Matt Pizzolato allegedly used his clients' money to bankroll a luxurious lifestyle -- purchasing or leasing a BMW, Mercedes Benz, Range Rover and Corvette. Matt Pizzolato also built a $600,000.00+ home in Ponchatoula, and allegedly bought a $35,000 engagement ring for his fiancee. Pizzolato family members and their friends also allegedly benefited -- allegedly receiving millions of dollars in payments.
Federal authorities learned of Pizzolato's business activities after receiving a tip from the Louisiana Office of Financial Institutions (LOFI), which oversees state-chartered banks and financial firms. LOFI issued a cease-and-desist order against Sherel J. Pizzolato, Matthew B. Pizzolato, and Jeff Fricke in January of 2008, ordering them to stop selling securities through Gulf Region Guaranty Inc., Gulf States Guaranty LLC, Allegiance Financial LLC, and Cornerstone Wealth Management LLC.
Other business entities alleged to be affiliated with Pizzolato include:
Acadian Guaranty Group, LLC; Annuity Presets, LLC; Annuity Recovery Services, LLC; Anova Marketing Systems, LLC; Anova Marketing Systems, LLC; Anytime Fitness of Sulphur, LLC; Global Assured Financial, Inc.; Green Pelican Group, Inc.; Gulf South Guaranty, Inc.; GRG Holdings, LLC; GRG I, LLC; GRG II, LLC; Matt P, LLC; National Insurance Advisors, LLC; Pelican Guaranty Group, Inc.; and Spectrum Lending Group, LLC.
In addition to the federal criminal court cases, four civil court cases, including one class-action lawsuit, were filed earlier in 2009 by investors seeking return of their investments. The defendants in the ongoing class-action lawsuit include alleged "principals" of the various business entities named above:
Matthew B. Pizzolato, Sherel J. Pizzolato Jr., and David Compton -- all of Tickfaw; East Baton Rouge Parish resident Jeff Fricke; Jeremy Jallans, of Laplace; Shana Morgan, of Denham Springs; Perry Dixon, of St. Amant; William Guidry and Sharon Dixon, both of Lacombe; Jeremy Rowe, of Gonzales; Jeremy Galaviz and Heath Huguet, both of Covington; and John Compton, of Ponchatoula.
Additional federal criminal indictments may be pending.
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For decades, the WatchTower Society has also repeatedly portrayed itself as one of the most cost effective and cost efficient organizations on the face of the earth. Why? Because, the WatchTower Society is the group chosen by God and directed by God to do his earthly work in the "last days" of "this system of things".
While reading the following court case summary, ask yourself not only how cost effective and cost efficient was the WatchTower Society for the last quarter of the 20th century with regard to what is assumed to be one of its largest expenditures, but also ask yourself whether such was simply due to incompetence at all levels, or whether such was possibly due to other reasons which seem to ooze out of the Court's opinion.
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"Although Watchtower never entered into a contract with Paper Corp. or Fraser, the following arrangement developed over time: Watchtower placed orders through Henwood and Paper Corp.; Fraser manufactured paper at its mills and sold it to Paper Corp. at a price negotiated by Fraser and Paper Corp.; Paper Corp. then added a gross margin determined by Henwood and Dan Romanaux (“Romanaux”), the president of Paper Corp. during the relevant period; Paper Corp. then sold the paper to Watchtower." (Note that "Fraser" is the manufacturer from whom Paper Corp purchased the paper which was sold to the WatchTower Society.)
"Henwood, as the Paper Corp. sales representative, was intimately involved with, and controlled the Watchtower account on a day-to-day basis. He communicated with Watchtower and Fraser regarding, among other things, the quality and volume of the paper purchased by Watchtower. He also attended quarterly (and other) meetings where paper quality, inventory and other issues were discussed. From 1991 through 1999, Watchtower was Henwood’s only account. He neither serviced nor attempted to develop other accounts during this period."
"Despite having only a one-client book of business, Henwood was the highest paid sales representative at Paper Corp. for each year between 1985 and 1999. Henwood’s financial success was due, in part, to the unusually high gross margin that he, in consultation with Romanaux, set on paper sales to Watchtower. The average gross margins on the type of paper purchased by a client of Watchtower’s size were typically in the range of 3% to 4%; the gross margins charged to Watchtower were 11% to 13% and higher. This resulted in relatively high commissions for Henwood, who in 1998 earned commissions in the amount of $1,329,692.68 and in 1999 earned commissions in the amount of $1,007,038.74."
"In 1995, Wayne Rittenbach assumed responsibility for the entire United States purchasing operation at Watchtower. As the supervisor of all of Watchtower’s purchases, Rittenbach reported to Watchtower’s Operations Committee, which was responsible for Watchtower’s operations in the United States. In servicing the Watchtower account, Henwood worked directly with both Rittenbach and Ralph Lindem (“Lindem”), a paper buyer for Watchtower who began reporting to Rittenbach in 1995. Beginning in approximately 1997, Watchtower, through Rittenbach, began to ask Henwood specific questions about the cost components of the paper Watchtower purchased through Henwood (i.e., those factors that affected the total price)." ... ... ..."In March 1998, Watchtower’s Operations Committee met for its quarterly meeting. The agenda for the meeting included a discussion of the pricing of paper purchased by Watchtower from Paper Corp. Henwood attended the meeting and was aware that Rittenbach intended to present various graphs and pricing indices that compared the price Watchtower was paying to industry trends. However, after consulting with Lindem, Rittenbach decided not to raise the issue openly at the quarterly meeting." ... ... ..."By a letter to Romanaux dated March 16, 1999, Rittenbach renewed Watchtower’s requests for price information by asking Paper Corp. to provide specific information." ... ... ...."Subsequently, on April 24, 1998, Rittenbach met with Henwood and Romanaux for the specific purpose of discussing the pricing of the paper Watchtower had been purchasing through Henwood. According to Rittenbach, he received “nothing of any value” on the issue of price justification at this meeting." ... ... ...In an internal memorandum to the Operations Committee dated July 15, 1998, Rittenbach expressed concern about Paper Corp.’s failure to respond to Watchtower’s inquiries about pricing. ... ... ...
By a letter to Romanaux dated March 16, 1999, Rittenbach renewed Watchtower’s requests for price information by asking Paper Corp. to provide specific information.
"I was very clear with him in front of anybody who wished to - - - any Watchtower people who were around, that I felt my responsibility to my company and to [Watchtower] was to make sure that we were fully and completely competitive, because I recognized that they had the option at any given time, sans a contract, to go out and purchase a similar quality and grade from anyone in the world. And, if they were successful in doing that, with a product equal to what we were supplying, that I either had to meet that price or give them a better price or lose the business. ... When [Rittenbach] asked about the costs, I deflected it by the statement I just gave you. That was my response to his request for costs." ... ... ..."Rittenbach also testified that his disclosure to Henwood that Watchtower was interested in looking at the marketplace for competitive costs led to some negative reaction from Henwood. Rittenbach testified:'I mean a significant negative reaction. I remember some instances where after discussions - - I remember one in particular, a discussion on the way home from the Madawaska Mill in the airplane. There was a very animated discussion on the part of Mr. Henwood trying to convince us of why it would not be appropriate to go looking to the marketplace and why it would be inappropriate for us to contract our paper - - competitively bid our paper.'"
"... we also realized that our business was large enough to justify inquiry to the paper mill directly. ... - - it seemed like the time was right. Our volume was enough so it was time to make that inquiry."
UNITED STATES v. ABRACZINSKAS was a 2001-2 Florida federal criminal court decision. In February 2002, William Abraczinskas was convicted on one count of money laundering and on one count of conspiracy to commit money laundering, and was sentenced to 121 months in federal prison.
William Joseph Abraczinskas, 38, of Warren, Oregon, was a prominent Jehovah's Witness Millionaire International Banker-Investor-Entrepeneur, who over the years has done business, both domestic and international, in a number of different states and foreign countries; often with a number of different business associates who are variously characterized as "investors", "partners", "principals", "employees", "owners", "corporate officers", etc. Some of these associates have been identified as being Jehovah's Witnesses, while some others also were probably JWs or family members of JWs. Some of Bill Abraczinskas' business associates were members of his own family, and some were members of William Abraczinskas' wife, Kerrylee Harrington Abraczinskas' family. A "Leon Tucker Harrington" a/k/a "Tucker Leon Harrington" has been named by various other websites in some of Bill J. Abraczinkas's business dealings, as has a person, who may be Canadian, named "Richard A. Downes".
Sometime during the 1990s, William J. Abraczinskas had formed a business in Oregon called Globallink LLC, which conducted various domestic and international banking and other business operations under various subsidiaries using forms of the Globallink name. Abraczinskas' also conducted a wide variety of other business dealings through multiple other corporations, some of which are discussed below. At some point prior to 2001, the business operations of Globallink LLC and William J. Abraczinskas had caught the attention of the Federal Bureau of Investigation, and the F.B.I. set up a "sting" in Miami, Florida, to see what Abraczinskas would do when presented with the opportunity to "launder" drug proceeds for a Mexican Drug Cartel. Abraczinskas agreed to use offshore bank accounts belonging to Globallink LLC to launder the cartel's drug money for a mere 10% fee.
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UNITED STATES v. ABRACZINSKAS. Limited details. Apparently, Bill Abraczinskas was sent to a minimum security federal "resort" for white-collar criminals, because sometime thereafter, he and another prisoner escaped. Both were eventually caught and prosecuted. Abraczinskas was sentenced to have an additional 15 months to be tacked onto his original sentence. However, Abraczinskas won this appeal to have the sentenced reviewed, which seems to make little sense given that the sentencing range was 12 to 18 months.
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HAMBLETON BROTHERS LUMBER COMPANY v. BALKIN ENTERPRISES, INC. ET AL is a 2005 USCA decision, in which William Abraczinskas, his wife Kerrylee Harrington-Abraczinskas, and a corporation owned by Abraczinskas, called Financial Investments, Inc., are Defendants-Appellees. Here are some excerpts which refer to Abraczinskas and Financial Investments' role in the events that gave rise to this lawsuit:
"... [Jim] Ballinger was formerly the president of Balkin Enterprises, an Oregon corporation that had entered into a contract with Hambleton Brothers in 1994 giving Hambleton Brothers the right to all merchantable timber on a particular parcel of land for a period of just over three years. Before Hambleton Brothers could log the property, it was sold by one William Abraczinskas, an unauthorized individual purporting to be Balkin's agent, and then logged by another company. Hambleton Brothers, gaining nothing for the funds it had paid for the logging rights, brought suit ... ... ...
"On July 5, 1995, William Abraczinskas signed an unrecorded warranty deed transferring the Fruitland real estate from Balkin to Financial Investments, Inc. for ten dollars. Although Abraczinskas signed the deed purporting to be Balkin's vice president, he was not an employee, officer, or shareholder of Balkin. Ballinger and Kinsey knew Abraczinskas and had conducted business with him on a prior occasion, but neither authorized him to engage in any transaction on behalf of Balkin Enterprises. Financial Investments was Abraczinskas's own company. After several other rapid property transactions, Cascade Pacific Land & Timber bought a timber deed to the Fruitland real estate and logged the property. ... ... ...
"On July 7, 1995, Financial Investments deeded the Fruitland property to Sherry Miles for $129,000, for which Miles signed a promissory note. Financial Investments sold the note to Great Northwest Investments on July 12, 1995. Miles deeded the property to MGM Development, Inc. on February 16, 1996. On August 1, 1996, MGM Development granted a timber deed for all timber on the Fruitland property to Cascade Pacific Land & Timber for $32,000. ... ...
"... Ballinger was named as a defendant, along with Balkin Enterprises, Kinsey, Mr. and Mrs. Abraczinskas, Financial Investments, and Trevor Coxen, the president of Financial Investments. On October 24, 2001, the district court granted Hambleton Brothers's motion for entry of default against Balkin and Financial Investments. ... ... ...
"... Instead, the loss to Balkin caused by Abraczinskas, with his complex and covert scheme of fraudulent land transfers, cannot be viewed as reasonably foreseeable by the incorporators of Balkin.
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Interestingly, sometime prior to 2001, William Abraczinskas also had started a business in Montana called The Bank Exchange. Sometime around 2000-1, Bill Abraczinskas sold The Bank Exchange to fellow Jehovah's Witnesses, Darryl K. Willis and Dale A. Erickson (see next summary). The State of Montana apparently closed down The Bank Exchange sometime in early 2002 (prior to Willis' and Erickson's arrests for the Anderson Swindle), because it allegedly was being used in a scam involving the formation and operation of offshore credit unions . However, Willis and Erickson (nor Abraczinskas) were ever prosecuted for any TBE dealings, possibly because the State of Montana did not want to expend the additional resources given the pending Anderson Swindle prosecutions, and possibly because any investigation of TBE would possibly embarrass or even implicate various Montana politicians and elected officials.
What is extremely interesting is the fact that in April 2000, Globalink LLC signed an exclusive contract with the Montana Department of Commerce to develop its Foreign Capital Depository Program. Under that deal, Globalink LLC was to conduct due diligence investigations of all persons or entities applying for a depository charter in Montana and make recommendations to the Commissioner of Banking and Financial institutions whether they should be approved. According to multiple webpages, the President of Globalink LLC was a man experienced in international banking operations, named Doug Hamilton, who lived in Whitefish, Montana. According to the October 2001 edition of the Northwest Financial Review, Doug Hamilton and Darryl K. Willis filed Montana's very first application for a depository charter -- First Depository of Montana Inc. -- using a San Diego, California attorney, according to another source. However, the Montana Banking Board kept asking Darryl Willis for additional information, which he never provided. The application for First Depository of Montana Inc. eventually went unprocessed, despite the unusually strong public support for Willis and Hamilton from a certain Montana State Senator.
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Click HERE, and HERE for additional readings on some of William Abraczinskas' other domestic and international business dealings. (Use FIND to search "Abraczinskas" on each webpage.)
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LOUISIANA v. KENNEDY and LOUISIANA v. KENNEDY are two ongoing 2009 Louisiana criminal prosecutions. According to July and August articles published in The Advocate, a longtime School Secretary at Scotlandville Magnet High School, in the East Baton Rouge Parish, named Maxine Kennedy, 62, is being prosecuted along with her daughter, Toni Kennedy, 29, (both living at same address) for unauthorized use of a credit card issued to Scotlandville High School.
Per a Spring 2009 audit conducted by the school system's Internal Audit Office, Maxine Kennedy, the school’s secretary, allegedly obtained a Sam’s Club Card without authorization, and over the course of 28 months, used it to buy groceries, furniture, pay utility bills, and make cash advances totaling $51,877.92. Maxine Kennedy allegedly allowed her daughter, Toni Kennedy, to use the school credit card, including for large cash advances, and for a Jehovah’s Witnesses convention.
Interestingly, the audit, which normally was conducted only every three years, was reportedly conducted ahead of schedule after Maxine Kennedy allegedly ratted out another school employee who was selling concessions during hours that concession sales were prohibited.
Both Kennedys pleaded "not guilty" at an August proceeding, and their attorney made comments to the media which would seem to indicate that a plea deal was in the works.
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UNITED STATES v. WARD was a 2007-8 California federal criminal court case. In August 2007, a former Jehovah's Witness Elder, named Joel Nathan Ward, 50, pleaded guilty to 5 counts of wire fraud, 2 counts of mail fraud, and 2 counts of engaging in a monetary transactions in property derived from specified unlawful activity, a form of money laundering. In April 2008, Joel N. Ward was sentenced to 9 years in prison, and to serve 3 years of supervised release after the completion of his prison sentence. Ward must serve 85% of his sentence, or more than 7 1/2 years, before he is eligible for release. Joel Ward, who claimed that he had no money left, was also ordered to pay $11,275,501.53 in restitution.
Joel Ward, a well known commentator and seminar speaker on Forex trading, ran an elaborate Forex trading scam through two of his companies, the Joel Nathan Forex Investment Group, of Turlock, California, and Learn:Forex, Inc., a Forex trading educational center based in Sacramento, California. Ward also allegedly defrauded investors in a Hurricane Katrina scheme, which involved a real estate investment project in Mississippi, in which Ward allegedly diverted investors' funds to his own use. Joel Ward admitted that he stole the investors’ funds, using the money for his own compensation and expenses, and to purchase the Learn:Forex School in Sacramento. He also admitted that, in order to conceal the theft, he made “Ponzi” payments using other investors’ funds, and that he provided his investors with altered account statements. In a handwritten personal journal, which was recovered during the execution of a search warrant, Ward described himself as a "financial serial killer" and "just another scumbag con artist bilking old people out of their retirement money."
Many of Joel Ward's victims were family members and close friends -- many of whom were also fellow Jehovah's Witnesses. After various federal agencies started investigating Ward in mid 2006, Joel Ward confessed the ongoing fraud to his JW Wife around November 2006, and Ward thereafter sent a series of emails to his victims admitting the theft, asking for their forgiveness, and purposing that if they would allow him to continue doing business legitimately that he could soon recoup the lost funds, and repay them all their money.
Many of Ward's victims were in no mood for forgiveness. Ward's JW wife even eventually divorced him. She first showed Ward's aforementioned personal journal to her father, Oren Collett, who was Ward's partner, and Collett reportedly informed the federal authorities of Ward's confessions. Ward was eventually arrested by the F.B.I. in April 2007.
Even after his arrest and guilty plea, Joel Ward continued to plead with victims, prosecutors, and the federal judge to allow him to continue doing business legitimately, so that he could soon recoup the lost funds, and repay his victims all their money. Joel Ward's former mother-in-law, Barbara Collett, who, along with her husband, Oren Collett, lost nearly $100,000.00, told the Wall Street Journal that over half of Ward's victims wanted to forgive him and supported Ward's restitution plan (actually 44 of 79 victims who expressed their opinion). Joel Ward even told the Modesto Bee of his plan:
"Several friends who know my trading ability are willing to put up seed money so I can trade, and my commissions would go into a recovery fund. My former father-in-law and business partner, Oren Collett, would manage the fund and several victims have volunteered to sit on a board of trustees and act as auditors. I would have no direct access to the money."
Gene Myatt, purportedly a Jehovah's Witness businessman in Modesto, California, who lost $50,000.00, was quoted in that same 2007 Wall Street Journal article as supporting Ward's restitution plan: "If Joel goes to prison, no investor will be cared for." Russ Sharpe, who owns a marketing company in Oakdale, California, and who lost $480,000.00, stated, "I've watched him trade. He can exceed by vast measures what he has lost. ... I have no doubt that Mr. Ward has the capability of making whole this loss." Rohn Ritzema of Elk Grove, California , who lost $320,000.00, and Michael Mello of Sacramento, California, who lost $754,000.00, both urged the judge to give Joel Ward another chance.
However, David Rothell, an insurance broker in Bryan, Texas, who lost $15,000.00, told the WSJ that Ward needed to pay for his crimes. According to the Modesto Bee, Nancy Jones, an auditor from Dallas, Texas, who lost $50,000.00, stated, "If Joel had just come to my house and beat me up, I'd be a whole lot better off today."
Interestingly, the Commodity Futures Trading Association had a finance professor analyse Ward's business records, and he reported that of the $15,000,000.00 that Ward took in from investors, Ward only ever invested $2,000,000.00, and Ward lost $1,840,000.00 of that. In fact, of the two trading accounts in which no employee of Ward also traded, there was a profit of only about $1000.00. Yet, 44 of 79 of Joel Ward's victims still think that Ward is a financial genius. One can't help but wonder how many of those 44 people also believe that they are members of the "only true religion".
Sheppard was originally indicted on 11 charges found in a 39 page indictment -- Securities Fraud (3), Bank Fraud , Insurance Fraud (4), Theft, Perjury, and Breach of Trust -- but Sheppard was only tried on the fraud charges. The court dismissed the perjury charge. It is not known whether the State will pursue the remaining 7 charges, but Sheppard will likely be paroled when he is eligible in Spring 2012.
Ronald Sheppard was a multi-millionaire, and a prominent Jehovah's Witness known throughout much of the United States. Sheppard reportedly credited his huge financial success to his being a Jehovah's Witness. Sheppard reportedly showed his appreciation by donating the land and the money to construct the West Columbia Kingdom Hall of Jehovah's Witnesses. Given Sheppard's status, it is most probable that he was an "Elder" in the organization.
Sheppard's wife, Dana Sheppard, who was supported by several weeping friends and family, spoke at his sentencing and asked the judge to consider her husband's charity and kindness when issuing his sentence. Dana Sheppard said that if her husband was guilty of anything, "he is guilty of being generous to a fault."
With regard to the settlement in the separate bankruptcy case, in which investors recouped only about 18c on the dollar, Dana Sheppard attempted to gain the judge's sympathy by proclaiming, "We paid millions of dollars in a civil suit. ... Nearly everything he got from the company he paid back."
The "millions of dollars" to which Dana Sheppard was referring as having been repaid was most likely the $5,000,000.00 which the Sheppards had borrowed from Carolina Investors in the Fall of 2002 to start EMMCO, another subprime mortgage lender, which they founded after Ronald Sheppard left HomeGold. It is doubtful that the Sheppards were required to repay any of the money they received when they sold their interest in HomeSense to HomeGold in 2000, and it is doubtful that it included any of the millions (possibly approaching $10,000,000.00) that Ronald Sheppard received in compensation while President and CEO of HomeGold.
There are a number of affiliated corporations involved in this case in one way or another. Here are some of the names which popped up in the indictment: HomeGold, HomeSense, Carolina Investors, Emergent Mortagage, EMMCO, R-Doc, FlexCheck, and Prevost Montana. Several of Sheppard's business associates have also been either indicted or convicted. It is unknown how many employees of all these businesses were fellow Jehovah's Witnesses. Google names and keyterms for many more details.
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S.E.C. v. RONALD J. NADEL and JOSPEH M. MALONE. In July 2006, a prominent Jehovah's Witnesses Millionaire, with ties throughout both his home state of California and the entire United States, named Ronald J. Nadel, of San Clemente, California, was charged with various financial crimes by the Securities and Exchange Commission (SEC), which were alleged to have been committed while operating Renaissance Asset Fund, Inc. between 1999 and 2004.
Included in the complaint was a second Jehovah's Witness named Joseph M. Malone, of Newport Coast, California, who was Renaissance Asset Fund's "Investor Relations Representative".
The SEC alleged that Ronald Nadel and Joseph Malone defrauded $16,000.000.00 from nearly 200 investors, many of whom were "elderly", and even Nadel and Malone's fellow Jehovah's Witnesses:
The complaint charged Renaissance, Nadel, and Malone with fraud in violation of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. It also charged Nadel and Malone with violations of the broker-dealer registration provisions of Section 15(a) of the Exchange Act. The complaint sought permanent injunctions prohibiting future violations of the securities laws, an accounting, disgorgement of ill-gotten gains with prejudgment interest, and civil penalties.
In January 2008, the SEC issued an Order which found that on Sept. 4, 2007, a final judgment was entered by consent against
Nadel and Malone permanently enjoining the pair from future violations of federal securites laws. The Order barred Nadel from association with any broker or dealer with the right to reapply for association after five years to the appropriate self-regulatory organization, and Malone from association with any broker or dealer with the right to reapply for association after three years to the appropriate self-regulatory organization. Nadel and Malone consented to the issuance of the Order without admitting or denying any of the findings in the Order. [Those SEC attorneys are tough cookies!!!]
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S.E.C. v. KENNETH E. BAUM. In July 2006, the SEC also settled administrative cease-and-desist proceedings against Senior Resources Asset Fund, LLC and Kenneth E. Baum (who according to a JW discussion board is also a Jehovah's Witness) based on their conduct in selling Renaissance Asset Fund investments. With their consent, the Commission ordered both Senior Resources Asset Fund and Kenneth Baum to cease and desist from selling unregistered securities, and ordered Kenneth Baum, of Hemet, California, to cease and desist from acting as an unregistered broker-dealer.
The SEC’s settled Order against Kenneth Baum and Senior Resources Asset Fund makes the following findings, among others.
The Order directed Senior Resources and Baum to cease and desist from committing or causing violations or future violations of Sections 5(a) and 5(c) of the Securities Act, and ordered Baum to cease and desist from committing or causing violations or future violations of Section 15(a) of the Exchange Act. It ordered disgorgement and prejudgment interest against Senior Resources and Baum but waived payment based on sworn financial statements showing inability to pay. It states that the Commission is not imposing a civil penalty against Baum for the same reason. The Order further barred Baum from association with any broker or dealer for a period of three years. Senior Resources and Baum consented to the issuance of the Order without admitting or denying its findings.
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UNITED STATES v. KNOWLES. In October 2002, a prominent millionaire Jehovah's Witness Elder, with ties throughout both his home state of Florida and the entire United States, named Robert L. Knowles, was convicted and sentenced to 57 months in federal prison, and three year probation, on 24 counts of mail, wire, and securities fraud. The victims of All Diversified Financial Services, Inc. were more than 50 of Knowles' own fellow Jehovah's Witnesses -- most of whom were elderly, widowed, or disabled. In 2003, a federal judge ordered Knowles to repay nearly $4,800,000.00 to his 50 victims. It is unknown how much money actually remained by that time.
Robert Knowles was a prominent Jehovah's Witness Elder, who had regularly delivered speeches at WatchTower Conventions over the years. Knowles reportedly had also served as a "missionary" in Africa. It is unclear whether Knowles was a graduate of the WatchTower Society's missionary school, known as "Gilead", which would make him an "official" WatchTower missionary, or whether Knowles was an "unofficial" missionary, or what is known as a "NeedGreater" within the Jehovah's Witness community.
A Jehovah's Witness Widow, named Elizabeth Morgan, of Fort Lauderdale, lost her deceased husband's life insurance and "medical malpractice lawsuit settlement", amounting to approximately $764,000.00. Morgan wound up having to sell her home and file bankruptcy.
Rose McTygue, an elderly JW from New York, lost $85,000.00 that she had inherited. Rose McTygue's sister, Ann Marie Cozzubbo, of Florida, also lost the $85,000.00 that she had inherited.
Vincent Romano, an elderly JW from Florida, lost $600,000.00. However, Romano related that even one of his own sons had sided with Robert Knowles, which is somewhat typical of JW operated scams.
William Howison and Jeanette Howison lost $55,000.00 of the husband's $70,000.00 "heat stroke" Worker's Compensation settlement. Howison told a reporter that, "... the real judgment comes from God. And that comes soon."
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ALABAMA v. WILSON was a 2003 Alabama court case. In 2003, an Anniston, Alabama Jehovah's Witness, named Celeous Wilson, 31, was sentenced to one year in the Calhoun County jail for "writing bad checks". By March 2004, Wilson was allowed to participate in the county's work release program. However, on March 11, Wilson did not return from a roofing job, and may not have even showed up at the jobsite that day. During the evening of Wilson's third day of freedom, Wilson checked himself into Regional Medical Center for a supposed "psychiatric" condition. Outcome unknown, but sounds as if 'ol Celeous may be saner than most.
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CHAO v. FIDELITY GROUP In February 2001, the federal government's Department of Labor obtained a consent judgment from a New York federal district court, which settled this civil lawsuit which the DOL had been pursuing against two Jehovah's Witness couples: Eugene and Yvonne Duncan, and Dwayne and Carol Samuels. Both Eugene Duncan and Dwayne Samuels were prominent Jehovah's Witness "Elders" in the NYC area, and both had regularly given talks at circuit assemblies and district conventions over the years. Samuels purportedly also served as a substitute "Circuit Overseer" (a/k/a District Sales Manager) in NYC for the WatchTower Society.
Eugene Duncan and Dwayne Samuels were the President and Vice-President, respectively, of Fidelity Group Inc., which essentially marketed health and dental insurance group plans to small employers in New York and 31 other states. Duncan and Samuels created the scheme in 1995. Each owned 50% of Fidelity's stock. In 1998, BLACK ENTERPRISE business magazine honored Fidelity Group Inc by naming FGI to its' "100s Universe"; the magazine's top 100 African-American owned and operated businesses in the United States.
Fidelity Group, Inc. was established to administer the health plan. The "International Workers' Guild" and the "National Association of Business Owners and Professionals" were formed to make it appear that Fidelity Group's health plan was a federally regulated ERISA health plan, and thus not subject to regulation by state insurance laws. However, when later scrutinized by federal and state authorities, it was deemed to actually be a Multiple Employer Welfare Arrangement (MEWA), which are subject to state regulation. In its lawsuit, the Department of Labor referred to IWG as a "sham union", which operated the health plan for employers through "bogus" collective bargaining agreements with the NABOP, which the DOL referred to as a "sham employer association". Yvonne Duncan and Carol Samuels were Corporate Officers of NABOP. Before marketing of the plan was stopped in January 1999, it had over 10,000 participants in 32 states. Unpaid insurance claims were estimated at between $8,000,000.00 and $28,000,000.00.
The DOL's lawsuit filed on Dec. 15, 1998, alleged that nine defendants holding various positions at either FGI, IWG, or NABOP violated ERISA (Employee Retirement Income Security Act) when they:
-- paid excessive administrative fees from health plan assets to Fidelity for its service as the third-party administrator;
-- diverted assets of the health plan to IWG and NABOP in the form of sham union and association fees;
-- failed to monitor and administer the fund's claims processing system and adjudication system, thereby resulting in a $25 million backlog of unprocessed health claims;
-- failed to assure the financial soundness of the plan through the use of adequate underwriting and sound actuarial analysis;
-- failed to establish adequate contribution rates and maintain cash reserves to assure the payment of claims;
-- allowed the plan to become insolvent and used plan money for prohibited purposes; and
-- permitted NABOP and IWG to be created or operated primarily to divert plan assets from the payment of health benefits.
Under the 2001 consent judgment, Eugene Duncan and Dwayne Samuels were each required to restore $250,000.00 under a payment schedule, and restore annually to the plan 50% of their net income over a $50,000.00 threshold for 15 years, up to an $8,000,000.00 cap. The JW Duo also were barred from serving as fiduciaries, receiving compensation, marketing services, and having business dealings with any plan governed by the Employee Retirement Income Security Act. Eugene Duncan later attempted to discharge this obligation by filing bankruptcy, but the DOL successfully intervened in Duncan's 2005 bankruptcy case.
Under the 2001 consent judgment, Yvonne Duncan and Carol Samuels were each required to restore annually to the plan 50% of their net income over a $50,000 threshold for 10 years, up to a $3,800,000.00 cap. They also are permanently barred from acting as fiduciaries or service providers to any ERISA plan.
An earlier settlement with the four plan trustees, Paul Askew (Dwayne Samuels brother-in-law), Charles Bradley (Eugene Duncan's half-brother), Terence Rhue and Noel Shaw, as well as with FGI management-level employees, David Spooner and Lee Jarmolowsky, barred the four trustees for 10 years, and Spooner for life, from activities governed by the Employee Retirement Income Security Act. They may not act as fiduciaries, provide services, receive compensation, market a plan, recruit participants, or sell property to any ERISA plan. Jarmolowsky, who was not involved in the diversion of plan assets, consented to an injunction which permanently prohibited him from acting as a fiduciary to any ERISA plan.
Reportedly, this scheme involved other Jehovah's Witnesses as employees of FGI, IWG, or NABOP. Employees of the sales and marketing entities in the states where the plan was sold, and also business owners and employees covered by the plan, may have also involved some JWs.
Readers should be aware of the existing hole in American law that impacted this scenario. In the United States, the federal government is the primary regulator of the banking and securities industries. However, the insurance industry is primary regulated by the individual states. In this particular case, the DOL took its' best shot under ERISA. However, since this scheme was actually a MEWA, it was subject to state insurance laws, and some individual states, such as South Carolina and North Carolina (see also Long Et Al v. Hammond, Holroyd Et Al v. Requa), have also gone after the above parties, as well as the in-state marketers. A "Marty Geitler" and a "John Branham" (spellings not necessarily correct) were identified in one SC court case as the exclusive "General Agents" who marketed the plan around the U.S.
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GUNNELLS ET AL v. FIDELITY GROUP ET AL. In South Carolina, a class action lawsuit was also filed against the above entities, as well as the insurance agents in SC who marketed this plan. In 2004, ten SC insurance agents agreed to a settlement totaling $1,352,062.00 in order to be released from the lawsuit. Readers interested in knowing whether any of those agents, or whether the multitude of defendants remaining in the ongoing lawsuit (other than those already identified) have any ties to the Jehovah's Witnesses can view the linked webpage.
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UNITED STATES v. SAMUELS and UNITED STATES v. DUNCAN were the 2001 federal criminal trials related to the above. The government outdid itself in these. Limited details, but apparently Samuels and Duncan plea bargained to "littering", since they each received only six months probation. If Samuels would have been jailed in 2001, that would have saved many people from being defrauded in the Vanguarde scheme he already had going.
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UNITED STATES v. SAMUELS is/was a 2005 New York criminal court case filed against the former WatchTower "Circuit Overseer" named Dwayne Samuels (see CHAO v. FIDELITY GROUP), who had been operating a health insurance scheme similar to the Fidelity Group scheme since 1999. The list of new corporations formed by Samuels included: Vanguarde Group, Vanguard Group, Financial Independence & Prosperity Network, Inc., and American Financial Management Association. Outcome unknown.
Samuels was indicted for embezzlement of payments intended to provide health care coverage and for devising a scheme to defraud members of the Wedding & Event Videographers Association (WEVA) and the American Financial Management Association Group (AFMA). AFMA was a corporation set up by Samuels to collect premiums from individuals that were not WEVA members. Samuels allegedly carried out the fraud by falsely representing to WEVA members that Vanguard carried stop-loss insurance coverage to pay claims in excess of the assets that Vanguard had and by embezzling for his personal use payments intended to provide health coverage. Samuels, who was in charge of Vanguard's day-to-day operations including its financial affairs, allegedly failed to pay numerous bills submitted to Vanguard by health care providers for services provided to WEVA and AFMA members. Vanguard marketed the health care benefit program in numerous states including New York, Colorado, Pennsylvania, Florida, New Jersey, Florida, Connecticut and Massachusetts.
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IN THE MATTER OF VANGUARD ASSET GROUP. In 2002, the Florida Department of Insurance filed a Cease & Desist lawsuit against Dwayne Samuels, Vanguarde Group, Vanguard Group, Financial Independence & Prosperity Network, Inc., American Financial Management Association, Anthony Williams, William McCreary, V. DiCarlo, Robert Lenore, and Phil Jackson. This 2002 Florida lawsuit compared Vanguard Group's scheme with that of the Fidelity Group scheme that had been shut down in 1999.
IN THE MATTER OF VANGUARDE ASSET GROUP. In 2003, the Pennsylvania Department of Insurance shut down Dwayne Samuels' illegal insurance operations in that state. Samuels was barred from doing business in Pennsylvania for 20 years, and Vanguarde was fined $338,000.00. Samuels probaby busted a gut laughing when he got that letter.
IN THE MATTER OF VANGUARDE ASSET GROUP. In 2003, the Colorado Department of Insurance also filed a Cease and Desist Order against Dwayne Samuels' illegal insurance operations in that state.
CALIFORNIA v. LUIS PEREZ (2006), CALIFORNIA v. PAUL RODAS (2006), CALIFORNIA v. OSCAR HIDALGO (2006), CALIFORNIA v. ELIZABETH MIDDLETON WALDO (2006), and CALIFORNIA v. JAVIER CHAVOLLA (2006). Employers who use "temps" should be aware that there purportedly is a syndicate of Temporary Employment Agencies operating across the United States, which are purportedly owned and operated by several different Jehovah's Witnesses, and employ many Jehovah's Witnesse workers, and are under investigation by several states' governments.
This linked magazine article contains partial information, as does the public comment section at the bottom of the article (start with oldest comments). "Googling" the named owners and named businesses will provide additional info which suggests that this syndicate operates in 10 or more states other than just California. The named operators also may already be using different business names in California, and even different business names in other states. Excerpt:
"After a nearly four-year investigation conducted by the Department of Insurance's (CDI) Fraud Division, investigators served arrest warrants on Tuesday against Luis Perez, 37, of Dove Canyon; Paul Rodas, 40, of Costa Mesa; Elizabeth Waldo (aka: Elizabeth Middleton), 58, and Oscar Hidalgo, 31, both of Yorba Linda. An arrest warrant is still outstanding for Javier Chavolla, 36, also of Yorba Linda. All of the suspects were either owners or principal employees of temporary employment agencies known as Checkmate Staffing Inc.; Checkmate Staffing West Inc.; Checkmate Staffing West Inc.; Checkmate Transport Inc; Tower Temps, Inc.; Staffaide Inc.; RPM Staff Leasing; and Tower Staffing Inc."
Perez, Rodas, Waldo, and Hidalgo were charged with one count of conspiracy to commit workers’ compensation insurance fraud and one count of conspiracy to commit denial of workers’ compensation insurance benefits. Perez was booked into Orange County jail with bail set at $10 million. Waldo was booked into West Valley Detention Center Jail on $500,000 bail. Hidalgo was booked into Orange County jail on $500,000 bail, and Rodas was booked into Orange County jail on $250,000 bail. Outcome of these criminal cases are unknown.
However, in 2003, the State of California went after the corporate entity, Checkmate Staffing, Inc., for failing to pay accurate Worker's Compensation premiums. After agreeing to settle with the State Compensation Insurance Fund for $7.2 million in unpaid workers' compensation premiums, Checkmate filed bankruptcy. Checkmate's attorney also reportedly stated that Checkmate also owed about $30 million in back taxes. The assets of Checkmate and Luis Perez (eight homes) were sold, but apparently did not satisfy the various debts.
According to multiple unconfirmed media articles and discussion board postings, Luis Perez and some of his associates laid low for a while, but are currently back in business.
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