Monday, January 31, 2011

Gary A. Smith (Trustee for ALL trusts)

Gary A. Smith, a.k.a moneybuilding1@hotmail.com, was to be the Trustee for all of these Irrevocable Trusts. One man, a hundred thousand Irrevocable Trusts? He is now so busy with over 700 trusts (listen to the conference calls) he won't respond until after taxes are done mid-April.
Gary A. Smith is not a recognized lawyer in Michigan, nor is 'Mystic Isle Trust' sanctioned by the State of Michigan. It's your decision whether you will trust your assets to this man. He's not for us.
Here's part of a message Gary A. Smith sent to a federal judge in the early 1990s:
 “The only penalty I am willing to accept is incarceration for taking your life, the life of George M. Marovich and the she bitch you work for, if necessary as a last resort to clear varmints from this good earth, to which I would consider the same as justified homicide for the public good.”

The quote appears here: Initial Decision in the matter of Gary A. Smith. Gary defended himself in the case (he was pro se, without counsel).
And here is the final decision of that ruling: SEC vs. Gary A. Smith Finality Order
The above decision is referenced by a 2004 Final Rule of Registration Under the Advisers Act of Certain Hedge Fund Advisers, wherein it says:
177 See, e.g., SEC v. Gary A Smith, 1995 Lexis 22352 (S.D. Mich. 1995) (adviser persuaded client to place accounts in trusts to try to avoid Advisers Act regulation).
Gary does not appear in Michigan's lawyer database. He describes himself as a "lawyer in fact."
Gary A. Smith gives his work address as:
MYSTIC ISLE TRUST
DAVID R. FANTERA, ESQ. & GARY A. SMITH
8466 CLIMBING WAY PICKNEY, MI 48169-8484
810-220-8870

Mystic Isle Trust is not in Michigan's State company database.

We ask you to verify everything here yourself. Just type in '"Gary A. Smith" SEC' into any search engine, and then 'Michigan business search' to find the state business directory service and enter "Mystic Isle Trust"

TANSTAAFL

Wednesday, January 12, 2011

TDS - THE SCAM


"You must gut the program or you will go to jail."

This is a direct quote from a member of the executive committee in an emergency executive meeting (the Executive 7) on Wednesday, 29 December 2010. We know who said it. The leaders know who said it. You will find out later.

Why did they say it? Because Gifting then getting money back is illegal. What happened with TDS after that? Look at trustdocumentservice.com now. It asks for a referal. Why? Because they did gut the gifting program and changed it to an MLM / Network Marketing structure. You didn't know that? Why haven't they told you?


TDS, aka Trust Document Service (trustdocumentservice.com or .net), is a modified pyramid scheme that is scamming victims out of money through Irrevocable Trusts under the guise of Paying-It-Forward and helping Veterans, Cancer Victims, Battered Women - you name it. They recruit victims for the "low" cost of $129.94 or $500 ("all for less than the cost of an iPhone"), and ask you to add additional assets (seed money) for the Trustee to invest.


Nothing is new in this scheme except the money storage, the vehicle the money is put into. Trusts are a LEGAL method of giving all of your money to a Trustee who will invest this for you if you wish. You are told that you need do nothing else except watch cash flow in. But victims were also told that they would make a bunch of non-taxable income, 100% PER MONTH in some cases, if they would just put more money in.

Sharing-The-Profits was originally a Gifting scheme from September 2010 until 29 Dec 2010. Under the guise of helping others, the poor and unfortunate, Veterans, Battered Women, and Cancer Victims, the scam would bait victims with the promise that their Irrevocable Trusts would gift other trusts, without taxation, and under some administrator's software control, to adhere to the IRS Title 26, section 2500 rules. The website (now locked) at empowerment4u.webs.com detailed the entire program and it's benefits to trust beneficiaries, promising thousands of dollars of tax-free income for a $129.95 (originally $100) Irrevocable Trust, an instrument that was to ensure the Trustee of those trusts had full control of the assets, not the victims.

For those already victimized, what you weren't told on any conference call is that now this is an MLM / Network Marketing type of scheme. That's why there is a referral on the trustdocumentservice.net site. Originally, the Trusts were put in a "line" program, first come, first serve, so you didn't need a referral. Guess who was first, who got to Phase 4 the soonest in the original scam? The Executive Group. And in the new "version", who is at the top? The Executive Group, again.

These Trusts were just a vehicle, a way, to collect money, similar to debit card accounts used in previous internet pyramid scams. The money used to buy these Trusts were funneled to one Trustee, one individual. He would then control them, in other words own, the assets. He would take $1300 per year per Phase 4 Trust and leave $5,000 to anyone who attained such a high Phase. 

The entire scam was uncovered by diligent, concerned friends of a victim. We, the friends, are here to help all the victims past, present, and future of these scammers who must be caught and stopped.
Do not take our word for this.

You will find public data available through any internet browser from state and federal sources and the scammers themselves by the websites and conference calls. Read and listen to them and read all the posts here. There are also images of the websites as they existed and as they change, and further you can listen to the sales pitches on their recorded calls.

Make up your own mind and then help us help you and other victims, the hundreds of thousands of poor, needy people who would have given just $129.95 to make the top, Phase 4 Trusts owned by the executive committee members, $500,000 per month from new victims! We hope the FBI can get your money back!

If you or a friend, relative, or someone you love has been a victim, YOU can help! This campaign is here for you to be informed of this scam and participate in collecting hard evidence for the FBI, preventing fraudsters from perpetrating scams on you and future victims.

Don't get mad, GET EVEN! Use the web to strike back at this scam or other ones. See the "Help" article and get the FBI involved faster.

TANSTAAFL

Help

THANY YOU for wanting to help yourself and others. You are valuable to everyone who lost or would have lost money! We have evidence, but need your assistance to pull together all evidence of this scam for federal prosecutors.

A sad fact: many scams like this are go unreported for a measly $100 loss. Most victims are embarrassed to have been duped by scammers and would rather lose their $100 than let the world know about their mistake or spend an hour gathering evidence and informing the FBI. We understand.

We are here to help so you can get through the paperwork quickly, so you can help yourself, other victims of this, and future victims if the scammers remain free. It's easy to do through the internet.

But without your help, without your bravery to combat these scammers, they will get away with it, again. We implore you to help not just yourself or a loved one, but you will also help all the other victims, and future victims.

First, we need you to gather payment information to Sharing-The-Profits, Hal Borsheim, Gary A. Smith, or anyone else associated with Sharing-The-Profits, receipts of any and all kinds. Whatever form of payment, check, credit card, or anything else you used to pay, along with any receipt of confirmation of delivery to Sharing-The-Profits, Hal Borsheim, Gary A. Smith, or anyone else. Please collect this information first, scan them as images or have someone help you scan them into your computer, and save those images to an easily accessible folder on your computer.

Now that you have proof, it is time to let the government know about the scam. There are two sites with which you can complain, but please visit the Internet Crime Complaint Center (ICCC). They are associated with the FBI and will contact Federal, State, and Local authorities.

Click on this link: Internet Crime Complaint Center.

Now, filling out the complaint requires some time. See the post "How To File A Complaint" to complete the process.

Thank you! You have helped take down and Internet scam and helped us and future victims.

How To File A Complaint with the FBI through the ICCC

Unfortunately, this way of filing a complaint is done at Government speed. But at least it's done through a browser. You are welcome to use other means, such as contacting the FBI directly. If you wish to use the internet, follow the steps below and read each page as you navigate through the ICCC.

Internet Crime Complaint Center  Instructions and Templates
2. Click on one of the links “File a Complaint”.
3. Click on the “I Accept” button at the bottom after reading the information. If you have been threatened already, take it seriously and follow their instructions.
4. [Spam page] Click the “No” radio button. Click the “Next” button.
5. [FBI fraud page] Click the “No” radio button. Click the “Next” button.
6. [Type page] Click the “Money” radio button. Click the “Next” button.
7. [Someone page] Click the “Someone tried to cheat you while buying, selling, or renting something” radio button at the top. Click the “Next” button.
8. [Auction page] Click the “No” radio button. Click the “Next” button.
9. [Buyer page] Click the “Buyer” radio button. Click the “Next” button.
10. [Product page] Click the second radio button down, “They never delivered the product...” button. Click the “Next” button.
11. Enter your Personal Information. You must enter at least all fields marked with an asterisk (*).
12. Enter the following in the second section called “Information about the Individual/Business that victimized you”
Business Name: Sharing-The-Profits, LLC
Name: Harold R Borsheim
Gender: M
Address: 2281 S Calle Palo Fierro
City: Palm Springs
State: California
Country: United States
Zip Code/Route: 92264
Phone number: 7602196359

13. Enter the following in the third section called “Other Identifiers about the Individual/Business that victimized you”
Web Site: http://empowerment4u.webs.com/theprogram.htm
IP Address:
IRC Server:
Chat Room Name:
Usenet Newsgroup:
Other: http://empowerment4u.webs.com/thephases.htm

14. Enter the monetary loss (your actual loss, perhaps just $100) in the fourth section called “Monetary Loss”. Click the radio button that matches how you paid. Click No if you did not use a third party payment processor, or Yes if you did.

15. Type in your own description in the next section called “Description of the Incident” and indicate the medium (we clicked both Telephone and Website). Answer the remaining 5 questions about how you found out about the scam. Here is what we put into the Description. Use it if you know and agree to all the wording, change it to how you know about it, or just use your own wording.
------------------ Step 15 Copy and Paste if this is okay for you --------------------------
“I have been the victim of a Gifting pyramid scheme that sold Irrevocable Trust instruments for
$100, $50 of which was to be sent to other Trusts already in place. I have personally lost $100. The Trustee was to be Gary A. Smith. Harold R. Borsheim ran a Texas LLC called Share-The-Profits that collected my money and sent the postal orders to Gary A. Smith.
The empowerment4u.webs.com website described the modified pyramid scheme in detail until it was locked. The scammers operated and continue to operate a weekly conference call from a free conference call service.
Sharing-The-Profits promised that the early entrants, those signing up first, will be making $5000 per month with only the $100 investment. They also said that a hundred thousand people were waiting to sign up.
The creator, Harold R. Borsheim, was a claimant in the famous Ponzi scheme “Colon End Parenthesis Trust” run by someone else. Harold is a claimant for $27,000 in the litigation and his Share-The-Profits company is a claimant for $3,000. This can found at the website
http://www.wfperkinsforcep.com/.
Gary A. Smith has accepted Postal Money Orders funneled through Hal Borsheim of over $85,000.
Gary A. Smith works at a company called Mystic Isle Trust, 8466 CLIMBING WAY PICKNEY, MI
48169-8484. The other person listed for that company is DAVID R. FANTERIA, ESQ. Their phone
number is 810-220-8870.
Gary A. Smith is the same Gary A. Smith in the SEC decision INITIAL
DECISION NO. 84, ADMINISTRATIVE PROCEEDING FILE NO. 3-8755, 4 January 1996 by Brenda P. Murray, Chief Administrative Law Judge wherein he is “barred from association with any investment adviser” for issues such as threatening a federal judge and as an unregistered investment advisor.
Further, see SEC vs. Gary A. Smith, USDC, ED Michigan, Civil Action No. 93-74410, E.D. MI (LR-13849) and U.S. v. Gary A. Smith, Criminal No. 93-80954, U.S.E.D. MI (Initial Decision Rel. No. 84).
These 3 court cases are found on the internet at:
http://www.sec.gov/news/digest/1996/dig010596.pdf
http://www.sec.gov/news/digest/1993/dig102893.pdf
http://www.sec.gov/litigation/aljdec/id84bpm.txt”
------------------ Step 15 End of Copy and Paste if this is okay for you --------------------------

16. Lastly, enter any information if others have witnessed your sending money to Share-The-Profits, Hal Borsheim, or Gary A. Smith, in the last section entitled “Contact Information”
17. Click “Next” and you have helped thousands of victims!

TANSTAAFL

Websites

Empowerment4u.webs.com (still up as of 12 Jan 2011) described the entire scam until it was locked on 30 Dec 2010. We present the old pages at Websites so you can view them for yourself and see the modified pyramid structure and the claims of gifting, or pay-it-forward.

Trust Document Service is operating as of 12 Jan 2011 (with 850 victims having filled out the form) to collect victim information for those who have already applied by mail and sent in money. We have the old and new pages at Websites so you can view them and see how it's changed. Notice that the site is not secure with SSL, the protection you normally get when logging into a website. That means all the information filled out on the page is easily and clearly viewable to any hacker or data collector. Your privacy is not a concern for the leaders. Also note that they are requesting you give them a referer. That's important because this is no longer an illegal gifting program. It has changed to an MLM type program.

Conference Calls

Public conference calls were and are still being recorded as of 12 January 2011. You can access all the calls through this sister site: TDS Conference Calls. There are hundreds joining these calls.

The 28 December 2010 call is instructive. On that call the Gifting scheme was still being perpetrated, loud and clear as Jim Smith delivered. On 29 December 2010, that all changed due to the emergency meeting where the leaders were tipped off that their gifting with expectation scheme was illegal.


Visit TDS Conference Calls and listen for yourself before and after 29 December 2010.

Tuesday, January 11, 2011

Hal Borsheim

Hal, a.k.a. Harold R. Borsheim, a.k.a. Harold Borsheim, a.k.a. harborhal@gmail.com, created Sharing-The-Profits LLC and is the only member.

Hal was president of Eagle Battery, Inc., a company suspended by the state of Califonia in 1996 for "they failed to file a return and/or pay taxes to the California Franchise Tax Board, or because they failed to make certain informational filings with the California Secretary of State." See Eagle Battery, Inc CA State Record.

Hal was manager of Rushmore Resources LLC, a company permanently revoked by the state of Nevada in 2008. See Rushmore Resources Nevada State Record.

Hal participated in the "Colon End Parenthesis Trust" $400M Ponzi scheme. This list of claimants shows Hal Borsheim.

Hal collected money orders from victims buying Irrevocable Trusts. He then forwarded them to Gary A. Smith through the postal service (not without problems though). Gary deposited well over $85,000 of money orders into a bank account somewhere. We don't know where. Do you? Have any of you seen any Trust, or money anywhere? Let us know.

Sharing-The-Profits LLC

Sharing-The-Profits LLC, is a Texas Limited Liability Company.

See the Texas state business information at Sharing-The-Profits CorporationWiki.

Sharing-The-Profits LLC invested in a $400,000,000 Ponzi scheme called the "Colon End Parenthesis Trust" and is a claimant for $3,000. The Ponzi scheme has already been litigated and disbursement of funds initiated. Please see the SEC v. Colon End Parenthesis Trust for general information about the Ponzi scheme. See also this list of claimants showing Sharing-The-Profits's claim. It also shows a claim for $27,000 by Hal Borsheim.

Gifting is a Scam

Just go to this website at the FTC: Gifting gotcha.

A lesson to be learned here is that scams may quote you a true, legal fact such as “you can write off gifts up to the exclusion amount of $13,000 on your taxes.” That is only one rule in a large set of tax rules in Title 26 of the Code of Federal Regulations for the IRS.Yes, partial scams use partial truth and hope you don't do any homework.

Check further and you'll find the IRS rules on what is considered a gift. From the “Frequently Asked Questions on Gift Taxes” site at the IRS [see IRS FAQ on Gifting], they provide this definition:
What is considered a gift?Any transfer to an individual, either directly or indirectly, where full consideration (measured in money or money's worth) is not received in return.

You cannot receive more money back than you gifted. This is what this scam promised by shuffling money amongst the trusts. Yet realize still that only a few at the top of the pyramid would have made money from the newest entrants. A very sly pyramid scheme using partially legal means.

Think about this scenario: I have $13,000 in cash and we're standing together. I hand you (gift you) the $13,000. You hand it (gift me) back. There. We've gifted $13,000 to each other, right? Don't try to write off $13,000 on your taxes though. That's what the IRS is preventing. If that was possible, everyone could do this with enough friends to reduce their taxable income to nothing.

Here are a few more sites on Gifting schemes which became popular after 2000:

TANSTAAFL

Irrevocable Trusts in a Scam

A key part of this scam was to use Irrevocable Trusts because "that's what rich people have." Yes, rich people use these for protecting large assets from frivolous lawsuits on a daily basis. They do not start Irrevocable Trusts with little to no assets or money in them. They pay thousands of dollars to get a good Trust that will protect the assets they place into the Trust.

There's nothing illegal in making an Irrevocable Trust. They're perfectly legal. However, think about who the Trustee will be. See the article about Gary A. Smith who will be the Trustee. Scams don't have to be illegal in everything they do.

Read this about Irrevocable Trusts: http://financial-dictionary.thefreedictionary.com/Irrevocable+Trust Understand you are GIVING YOUR MONEY AWAY to the Trustee, who then controls ALL ASSETS.
The rich put assets THEY ALREADY HAVE into the trusts, either money, stocks, bonds, real estate, any kind of asset with large value they would otherwise own outright. Why? They wish to prevent frivolous lawsuits for ALL THE ASSETS IN THEIR NAME. They also usually assign legal firms, with long histories and large assets themselves, not individuals, as Trustees.

Do not fall pray to Irrevocable Trusts as part of a get rich quick scam. You will give your money away to an individual, and receive little or nothing in return

You will not become rich if you fall for this or similar scams.

TANSTAAFL

TANSTAAFL - There Ain't No Such Thing As A Free Lunch

TANSTAAFL: the opposite of Money For Nothing, Other People's Money, Get Rich Quick

Robert A. Heinlein, most famous for his novels “Stranger in a Strange Land” and “Starship Troopers”, has been used in the Share-The-Profits scam as a proponent of pay-it-forward. Heinlein's idea was to give someone in need money, and they would help someone else sometime later, and so on, with no money coming back to the originator. It's the same idea Ben Franklin proposed. That's the real idea of pay-it-forward.

This scam falsely quotes Heinlein's and Franklin's pay-it-forward because it promised people would get more money back than they paid in – lots more money. This scam would have people purchase a trust for $100 (now $129.95), $50 of it paid forward to some other, unspecified trust, and the other $50 gone for "expenses". In return, you would receive $75 from some other trust if you reached Phase 2, or more in higher Phases. This is a pyramid scheme in action. Many more new trusts “gift” older trusts, or rather trusts at the top of the pyramid. Cleverly, instead of using people in the pyramid, the scam had people start an Irrevocable Trust, and the trusts participated in the pyramid.

Heinlein's and Franklin's pay-it-forward idea was to not to receive anything back. In fact, Heinlein had strong feelings about “free lunches”, getting anything for free without paying for it. In particular, his novel “The Moon is a Harsh Mistress” specifically and forcefully spread the universal constant that “There Ain't No Such Thing As A Free Lunch.” You may get lucky with a lottery, but how many people do you know have won big, and how many have paid $5 a week for this losing (for almost all people) bet, year after year?

I'm happy to say Robert A. Heinlein was no fool. Look him up on the web. He has written so many classic Science Fiction books that are insightful and promising about the human spirit. He did NOT believe you should or could make money from gifting it to others. Neither does the IRS.

TANSTAAFL sums up everything about this scheme. Thank you Robert A. Heinlein. We love you and your integrity. You have nothing in common with the Sharing-The-Profits scammers. We want these scammers to read your novels – in jail!