DFRF: SEC Responds to Motion to Stay

The SEC has filed their response to the Motion to Intervene and stay discovery by the USDOJ, pending the resolution of a parallel criminal proceedings (Doc 117):

The Commission assents to the motion for leave to intervene.

The Commission assents to the motion for a stay of discovery, provided that any order to stay discovery does not interfere with the Commission’s ability to conduct discovery in aid of the asset freeze. To preserve the remaining investor funds, the Commission must be permitted to conduct discovery concerning potential violations of the asset freeze.

Achieve: Kristine Johnson Sentencing Hearing Set

achieve-community-logoAlmost every document is still sealed in this criminal case and this came from a check of the Document History, not on the docket file:

NOTICE OF HEARING as to Kristine Louise Johnson: Sentencing set for 11/19/2015 02:30 PM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr.


DFRF: Filho Charged With 3 Counts of Wire Fraud

dfrf-enterprises-logoIn an unsealed case (District of Mass, 15-cr-10214), Daniel Fernandes Rojo Filho (DFRF) has been charged with 3 counts of wire fraud.  The case was unsealed in July 2015, but has just recently been brought to light. In addition to the criminal case, there are a few parallel Magistrate cases opened:

  • In the matter of the search of Information about the Location of AT&T Wireless mobile phone
  • In the matter of the search of GPS Location information of a Rolls Royce Ghost
  • In the matter of the search of Verizon Wireless mobile phone
  • In the matter of the search of aol.com E-mail Account and Associated Data
  • In the matter of the search of Information about the Location of AT&T Wireless mobile phone
  • In the matter of search of dfrf.com, dfrftv.com, and dfrfenterprises.com E-mail Accounts and Associated Data


Vemma Nutrition: Judge Issues Minute Entry

vemma-logoJudge John Tuchi has issued a minute entry following a Hearing held on October 2nd, relating to the “Defendants’ Emergency Motion to Compel Turnover of Funds Held by Former Temporary Receiver”. The Motion was Granted, in part, and that the receiver, Robb Evans and Associates, LLC, must turn over all but $170,000 by no later than 10 AM (Arizona time) on Monday, October 5th.

It was also Ordered that Robb Evans and Associates, LLC will suffer no liability for non-payments to third party creditors during its time as receiver.  It was also Ordered that the former receiver files their reply to “Notice of Motion and First and Final Motion for Approval and Payment of Fees and Expenses of Temporary Receiver and its Counsel” by the close of business on Thursday, October 8th.

It was further Ordered that responses are due for the Plaintiff’s “Motion to Prohibit Reclassification of Affiliates Without Their Affirmative Consent and to Prevent Dissemination of Materials Describing Proposed Compensation Plan Before Approval” and the Defendant’s “Emergency Motion to Approve Affiliate Communications” by no later than close of business on October 6th.

TelexFree: Contempt Hearing for Sann Rodrigues is Continued

sann-rodrigues-top-telexfree-investorA Hearing was held on September 30th regarding a Motion for Contempt filed by the SEC as to Sanderley Rodrigues de Vasconcelos, and it seems the Judge wants additional information, such as a Memorandum in Support of Doc 338 and Opposition to Motion Doc 313 due by 10/7 and the response is due by 10/14.

The matter before the Court is Continued and a Hearing is set for October 16th at 3:00 PM.



Achieve Community: Johnson To Be Sentenced, Case Documents Still Sealed

achieve-community-logoIt’s hard to tell what is going on within the criminal trial of Kristine Johnson since almost everything filed by each party is under seal. This was done to mostly to prevent information leaking to Troy A. Barnes.

Sentencing for Johnson is scheduled on or after October 11, 2015. Perhaps some documents will be unsealed so we can see what actually happened.

TelexFree: Affidavit From Bank Manager, Rodrigues Speaks English!!

newtelexfreelogoNot a total surprise, we have yet another party contradicting the assertion from Sanderley Rodrigues that he does not speak English. Now, we have an affidavit in support filed by Jason Carpenter, the Bank Manager of the BMO Harris Bank in Orlando, Florida.

In this affidavit Carpenter repeats the SEC’s claims that Rodrigues speaks and reads English sufficiently well to open Commercial bank accounts at the bank, beginning in August of 2013. All of the 8 commercial accounts opened by Rodrigues were closed on May 6, 2015.

Carpenter states that over an approximately 10 month period, he spoke in person with Rodrigues at least every two weeks and the conversations were all in English. These conversations covered topics including transferring money by wire, moving money between internal accounts, and filling out and signing forms.

Moreover, all of these forms that were filled out and signed by Rodrigues were in English and he had no problems negotiating them.

So much for the “No English” arguments, eh?


Zeek Rewards: Judge Orders Darryle Douglas to Return Receivership Property

ZeekThe Order below originates from a posting on Facebook. I have no idea why people post things on the internet without realizing that one day, it may come back to haunt you, and never goes away even if you delete it. Sometimes, braggadocio doesn’t work out so well. And, it’s a bit silly to think the Feds are not watching the serial promoters. Here’s what the receiver had to say:

“It has come to the attention of the Receiver that Mr. Douglas has begun promoting a new investment scheme known as “Auction Attics” and intends to use a copy the ZeekRewards affiliate database to solicit investors into this new scheme.”

In addition, the Facebook page contains a long statement from Mr. Douglas which reports he will use his “business database” which contains “over 2 million plus contacts,” of which “[o]ver 90% . . . have already bought bids before!”


Judge Mullen agreed with the Receiver and issued the Order:

THIS MATTER is before the Court on the Receiver’s Motion for Order Requiring Return of Receivership Property, Deposition, and Production of Records. The Court has considered the Receiver’s Motion and finds in its equitable discretion that the measures requested are appropriate.
It is, therefore, ORDERED, that Darryle Douglas shall:

1. return the ZeekRewards affiliate database along with all copies of such database to the Receiver  and cease using it;
2. submit to a deposition by the Receiver at a mutually convenient time and location no later than September 24, 2015; and
3. produce to the Receiver all financial records from November 1, 2011 to the present for his personal and business-related accounts prior to such deposition.

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