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July 23, 2007

DVD Scammer Charged

In an update, the US Attorney announced that American Entertainment Distributor Salesman Charged with Fraud

R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Henry Gutierrez, Inspector in Charge, Miami Division, United States Postal Inspection Service, announced today that criminal fraud charges were filed against two additional defendants in a scheme to sell DVD vending machines. The charges are part of a continuing crackdown by federal authorities on "business opportunity" fraud in South Florida that during the last several years has sent 60 people to prison.

A federal grand jury in Miami, Florida returned a Superseding Indictment that charged defendant Anthony Rocco Andreoni, 47, of Hollywood, Florida, with conspiracy, mail fraud, wire fraud, and money laundering in connection with his involvement in American Entertainment Distributors, Inc. ("AED").

The Superseding Indictment also charged defendant Russell G. MacArthur, Jr., with various fraud charges and with criminal contempt. MacArthur was originally indicted in 2005, fled to Costa Rica, and was recently extradited to the United States to stand trial. Andreoni had not previously been charged.

In addition, a criminal information was filed, charging defendant Neal Isanuk, 50, of Port St. Lucie, Florida, with conspiracy to commit mail fraud.

The Indictment states that MacArthur and Andreoni were the undisclosed founders of AED. Isanuk was a sales representative for AED. AED was based in Hollywood, Florida, and from 2003-2004, sold a business opportunity involving a DVD vending machine. More than 400 consumers throughout the United States lost $19 million in the scheme. According to the Indictment, AED exaggerated the business' potential profits, falsely promised to secure good locations for the machines, and referred prospective purchasers to phony "references" who were on AED's payroll. The purchasers paid AED $28,000 to $40,000 per machine.

Nine individuals connected to AED have already been convicted in connection with the scheme, including Russell MacArthur's brother, James MacArthur, the president of AED, who is serving a 10-year sentence.

Those charged in the Indictment face up to 20 years imprisonment per count on the fraud charges. The money laundering charges against Andreoni carry a 10-year maximum sentence. There is no statutory maximum penalty for criminal contempt. Isanuk faces a maximum of 5 years imprisonment.

Mr. Acosta commended the investigative efforts of the United States Postal Inspection Service. This case is being prosecuted by Patrick Jasperse and Douglas Stearn, Trial Attorneys, United States Department of Justice, Office of Consumer Litigation.

January 8, 2007

DVD Vending Machine Scam

DVD vending machines business opportunity scam busted.

"United States District Court Judge Jose E. Martinez on Thursday also ordered the defendant, Edmond Grigorian, to pay $3.1 million in restitution to the victims.

Grigorian was a sales representative at American Entertainment Distributors, Inc. ("AED"), a company based in Hollywood, Florida, which fraudulently sold more than $19 million of DVD vending machines to more than 400 consumers across the United States in 2003-2004. To sell the machines, AED used wildly exaggerated profit projections, falsely promised to secure good locations for the machines, falsely claimed that the machines were reliable and easy to use, exaggerated the company's longevity, and used phony references.

After a two-week trial in October 2006, a jury found Grigorian guilty of two counts of mail fraud, three counts of wire fraud, and one count of conspiracy.

The AED prosecution is part of a crackdown by the U.S. Attorney's Office, Department of Justice, Postal Inspection Service, and Federal Trade Commission on business opportunity fraud. "Business opportunities" are generally advertised on cable television commercials and classified newspaper ads as pre-packaged businesses in which the offering company will provide the buyer with a machine, a good location for the machine, technical support, and other assistance in operating the business. During the last two years, forty-six individuals have been convicted in the crackdown".

October 31, 2006

DVD Vending Machine Scam Convictions

In the American Entertainment Distributors business opportunity fraud, the U.S. Attorney announced that "a jury convicted Edmond Grigorian and Cesar Menendez after a two-week trial before United States District Court Judge Jose E. Martinez, in Miami, Florida. The defendants were convicted of fraud charges in connection with a scheme to sell a business opportunity involving DVD vending machines."

The two were jailed immediately and held over for sentencing, scheduled for January 4th, 2007. There is a mandatory restitution order, and it will be interesting to see what monies, if any were recovered for the investors.

American Entertainment Distributors was the classic business opportunity scam. "Evidence introduced during the trial showed that AED sold the DVD vending machine business opportunity by using baseless and wildly exaggerated profit projections. In addition, AED falsely promised to secure good locations for the machines, falsely claimed that the machines were reliable and easy to operate, falsely promised to provide long-term customer service, and referred prospective buyers to phony references. Undercover tapes introduced during the trial showed that both defendants knew that they were using false information to lure people into the deal. Most of the consumers paid $36,500 to AED for the machine and the promised services."

It would be interesting to listen to the tapes, but they are unavailable on the Pacer system.

I suspect the DVD Kiosks will become the weapon of choice for business opportunities frauds as the use of DVD Kiosks become more common in the marketplace.

For very interesting reading, on the other hand, regarding the legitimate Kiosk marketplace, I highly recommend Davis Freeberg's blog.

Technorati Tags: vending machine business, business opportunity fraud, business opportunity scam, vending machines, american entertainment, mandatory restitution, aed, fraud charges, jose e martinez, profit projections, classic business, sell a business, menendez, united states district court, edmond

July 28, 2006

Business Opportunity Fraudster sent to Jail in Southern Florida

The U.S. Attorney for the Southern District of Florida announced that "that defendant Thomas Kling was sentenced to prison in connection with a fraudulent scheme to sell DVD vending machines. United States District Court Judge Jose E. Martinez on Thursday sentenced defendant Thomas R. Kling to two years and nine months in prison and ordered him to pay $ 296,700 in restitution to the victims.

Kling was a sales representative at American Entertainment Distributors, Inc. ("AED"), a Hollywood, Florida-based company that fraudulently sold more than $19 million of DVD vending machines to consumers across the United States in 2003-2004. To sell the machines, AED used baseless and wildly exaggerated profit projections, falsely promised to secure good locations for the machines, falsely claimed that the machines were reliable and easy to use, exaggerated the company's longevity, and used phony references." (my emphasis)

Which of these five falsehoods is the easiest to discover? Which of the five falsehoods could reasonably be caught by a decent business opportunity due diligence checklist?

Technorati Tags: thomas kling, united states district court, united states district, vending machines, florida based company, hollywood florida, aed, defendant, sentenced

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