DoJ to gain control of TelexFree, Chapter 7 incoming?
The first TelexFree bankruptcy hearing in Massachusetts went down yesterday, and the end-result was swift and conclusive.
Any objections TelexFree might have had to the proceedings were swept away:
A Massachusetts bankruptcy judge on Tuesday signaled he will move quickly to appoint a Chapter 11 trustee to take control of TelexFree LLC.
Judge Melvin Hoffman of the U.S. Bankruptcy Court in Worcester, Mass., said that once additional paperwork is on file, he would approve the appointment of the trustee, an independent outsider who will replace the company’s current management.
And with that, Stuart MacMillan’s short stint as TelexFree’s CEO in hiding is all but over. Ditto Labriola (the rest of TelexFree management had already been dismissed or terminated from their positions by MacMillan).
I have no idea how badly MacMillan might have needed the $180,000 TelexFree dangled infront of him to accept the position, but now at the cost of his entire professional career, it hardly seems worth it.
Meanwhile TelexFree’s initial reaction to the ruling is somewhat puzzling:
A lawyer for TelexFree said at the hearing that the company wouldn’t object to the trustee’s appointment.
“We agree that it makes sense to put in place a Chapter 11 trustee,” said Joseph Davis, a lawyer for TelexFree. “I understand why control of the company should not remain in the hands of management that preceded the bankruptcy.”
What a backflip.
On April 30th, TelexFree filed an objection against the appointment of a Chapter 11 Trustee, arguing that
- the evidence submitted by the DoJ contains “inadmissible hearsay and blatantly false allegations”
- none of the current management (CEO in hiding Stuart MacMillan etc) had anything to do with the Ponzi scheme TelexFree ran from 2012 to 2014
- all the Ponzi fraud TelexFree carried out is irrelevant because “it is not offered today” and was “terminated (bankruptcy) pre-petition”
Not surprisingly, it seems all those arguments have turned out to be baloney. And If I’m reading between the lines, in stating that he “understands why” a Chapter 11 Trustee should be appointed, Joseph Davis is all but conceding TelexFree is a fraudulent Ponzi scheme.
Especially considering the DOJ argued in their initial motion that facts providing a mandate for the appointment of a Chapter 11 Trustee included
- allegations of securities fraud committed in the course of operating a billion dollar Ponzi scheme resulting in recent civil enforcement actions by the Securities and Exchange Commission (the “SEC”) and the Secretary of the Commonwealth of Massachusetts, Securities Division (the “MSD”);
- allegations regarding very recent diversions of millions of dollars in cash for the personal benefit of the Debtors’ principals and officers.
I mean really, now that the illusion of a “get out of jail” bankruptcy proceeding has been shattered, is it any wonder TelexFree’s own lawyer agrees with the above?
Carlos Wanzeler, owner of TelexFree and now a fugitive in hiding, remains as deceitful as ever:
Paul Kelly, an attorney representing Mr. Wanzeler, has said his client maintains his innocence.
Right, cuz that’s what innocent people do. They flee in the dead of night and then hide behind unfavorable extradition policy. If Carlos Wanzeler had even a shred of legitimacy to his name, he’d be in the US presenting evidence that cleared his name and that of TelexFree’s.
Instead he’s hiding out in Carlos Costa’s rectum, while his wife and partner in crime take the fall.
Innocent? Riiiiiiiiiiiight.
Looking forward, I’m thinking we might see the conversion of TelexFree’s Chapter 11 bankruptcy application into a Chapter 7.
Chapter 7 of the Title 11 of the United States Code (Bankruptcy Code) governs the process of liquidation under the bankruptcy laws of the United States.
Liquidation would seem the logical step forward now, considering there’s no real legitimate business to recover (less than 0.1% of TelexFree’s total revenue was from retail VOIP sales).
The priority now, in addition to nailing Carlos Wanzeler, James Merrill and top TelexFree promoters and insiders, would be to consolidate what funds are recoverable and look to pay out net-losers in the scheme.
Or in other words, pretty much the exact reason US Trustees are appointed for:
In the United States, a Trustee in Bankruptcy is a person who is appointed by the United States Department of Justice or by the creditors involved in a bankruptcy case.
In a Chapter 7 Bankruptcy (“Liquidation”) the trustee gathers the debtor’s non-exempt property, managing the funds from the sale of those assets, and then paying expenses and distributing the balance to the owed creditors.
For TelexFree affiliates who lost money in the scam and are wondering what to do now, here’s the most recent advice, handed out at yesterday’s hearing:
Some of the victims showed up in bankruptcy court Tuesday, hopeful for some shred of information about the fate of their money. U.S. Bankruptcy Judge Melvin S. Hoffman told them to file a claim as a creditor through the bankruptcy court.
“There is still no clear sense you will be able to recover anything at the end of the day,” he said. “You are going to have to file a claim and wait.”
Those that are still doubtful are welcome to sit on their hands and do nothing, but really, the writing should be all but on the wall at this point. It’s over.
It was certainly an interesting concept to try to negate Ponzi liabilities through the bankruptcy court, but one that was quite obviously never going to work. Points for trying though, as it was entertaining to watch it all unfold.
The appointment of a DOJ Trustee hasn’t taken place yet, but is expected to be ordered in the next few days (certainly be week’s end). Following that, I don’t think it’ll be too long before we see a Chapter 7 conversion motion, which will no doubt be granted.
Then once the liquidation begins, we can finally put this bankruptcy nonsense to rest and TelexFree’s case can proceed like any other Ponzi case.
Stay tuned…
explains me. why the news is so distorted here in Brazil? Telex-maniacs are celebrating and saying that it is proven that it is not Telexfree pyramid.
It’s hard to provide a definitive answer, but general consensus is a combination of a lack of a grasp on the English language combined with fear of their downlines taking action against them (both vigilante and legal).
Oz, add to the answer the following: (1) Zero Knowledge of Legal Procedures. (2) Below Average Intelligence (since they joined Telexfree after all). 🙂
thanks.
80.000 voips actives in march … Over 1 million disseminators… should not be the opposite? 80,000 advisers sell VoIPs 1,200.000.
How VOIP 80,000 users sustain more than 1 million publishers? that absurd
The actual retail VOIP figures are in the 20,000s. I’ll have an article up covering the SEC’s amended complaint shortly.
Telexfree is a joke.
20.000 voips only? jesus…bad product, bad sellers, great pyramid …lol
I feel ashamed to be Brazilian at this time.
Didn’t the 80000 figure came from the TelexFree lawyer?
jajajajajaj…. yessssssssss
Oz,
Im sorry, but i think you fail. Now everybody knows your words are scam.
Nobody gives a flying fuck what you think. This is all happening whether you believe it is or not.
Lol……your waaaay tooo cute little pipo person….now hurry and run on back to the cave you came out of….your dinner is slithering away….
To people in the Matrix, the real world is a scam. 😉
Oz, I have yet to meet more deserving people than these telex zombies… Some of them truly deserved loosing every penny they had because they were and continue to be glad to give it away to these scammers.
It’s so entertaining to see the desperation in the few words posted here by the telex zombies… I just hope that these people posting these comments lost a lot of money in this scheme and I don’t feel sorry for them a bit…
Given their ignorance they are more than willing to give more away to Telexfree if they were ever to comeback (which will never happen). But they can be hopeful though because where Telexfree came from there will be plenty more schemes to come and they will freely hand their money over.
As a matter of fact I know of a couple of people that jumped shipped to Wings network a couple of months ago and since Wings Network were shut down they are now slaves of Paymony or some other schemes out there… you gotta love it.
I wonder how the Telex zombies feel about how their money was used to buy the Ferrari, Boats, 30+ houses, 3 BMWs and a Porsche. That’s only what has been made public so far, imagine what hasn’t been released or discovered yet. And this is the leaders these people waist their time defending? How stupid.
Do something good with your money by giving it away to a good cause instead of financing the unsustainable lifestyles of your leaders/owners. It’s amazing what a little brainwashing can do… lol/
I’m sure some idiot will post a comment defending these criminals or the greatest company in the world… the only real problem is the media and the government… Righhhht!
You should be thankful there are real people out there who’s watching over your wellbeing and protecting you/us against these scammers… talking about job security for these Fed agents… lol.
I’ll guess that was about Oz’ prediction of a Chapter 7 liquidation case? You believe it’s more likely that the bankruptcy will be dismissed, and that a Receiver will be appointed? 🙂
You might have a point there. Bankruptcy rules seems to be very little flexible, and the District Court has a wider jurisdiction than the Bankruptcy Court.
The legislators of the United States must amend the current laws that punish these type of crimes to include the death penalty to keep up the pace with the criminals committing them and prevent any type recidivism!
That will also prevent justice, e.g. prevent extradition from countries that don’t have death penalties.
If some one knows if is posible to file a claim in the banckrupcy court online or any other way for people who do not lives in US?
please let us know
It’s possible, but not online. It was also suggested by the bankruptcy Judge when victims talked about their losses, but I believe that advice was too general (Telexfree may have 700,000 creditors and will probably need other solutions for a claims process).
Foreign creditors can file claims too.
My advice:
Wait until you have seen the order from the May 27 hearing.
The bankruptcy court will probably appoint a Trustee to examine the debtor and write a preliminary report with recommendations for how to handle the case. A report like that will take 2-3 weeks.
Wait until you have seen that report too.
Hey Oz. Don’t read between the lines. You’re not qualified. Come to think of it, I’m not sure what you’re qualified for but reporting facts isn’t one of them. Once again, go back to the evidence presented in court, not the headlines.
It’s up to him to write it, and it’s up to you to believe it.
If you don’t believe it, don’t read it. Stay with your TF-Matrix.
Not at this time. It is too early as the claim process in Massachusetts has NOT been published yet.
If you like sending letters, some people have already written letters to the current bankruptcy court judge. They are entered into evidence, but with 700K potential victims, pretty soon this will be left up to the trustee… when s/he is appointed.
And you wanted to test whether or not he was qualified enough to read between the lines in your post, and permanently redirect you to the spam bin? 🙂
You seem to have a certain “affection” for court documents and other types of “authorities”. You can get one from me:
webgate.ec.europa.eu/ucp/public/index.cfm?event=public.directive.show
@James
My track record speaks for itself.
Run along Ponzi puppet.
Too early to say. I suggest you monitor your Telexfree “Back Office” and the e-mail account(s) you signed up with. The trustee is authorized to notice you that way.
out of curiosity. U.S. government pays rewards for reports of pyramids?
From memory the SEC has some incentivized tipoff program or some such. Can’t quite remember the specific details of it.
Some of the agencies have Whistleblower programs, where they CAN pay a percentage of money recovered as taxes or fines, if the information itself was valuable enough. They don’t pay anything outside programs like that.
Real whistleblowers are often people who have been directly involved in the illegal activity themselves, people with “inside information”.
http://www.sec.gov/whistleblower
In Brazil theres a whole bunch of telexzombies who believe people get paid by the government, by telecomm companies, by Microsoft… to talk bad of their “amazing company” on blogs and news portals.
WHAT? And here I am, doing that for free? No way, Jose. Show me the money! LOL.
Wait… just for the sake of fun: does “Office of the Whistleblower” sound as funny in English as when I translate it to Portuguese in my mind? :-p
Lol From what I read, the evidence in court is exactly what is being presented sometimes word for word! I think James Charles needs to lay off that good stuff…
Anyway, if I were James Merrill, I would be seriously considering cutting a deal with the authorities to reveal all if he hasn’t done so already. I would be pretty bitter if I were stuck in a jail cell while my partner in crime is enjoying the free life in Brazil.
Plus, judging from the court report, it looks like Wanzeler enjoyed a much bigger bite of the pie compared to Merrill and he even gets to go free (at least for now).
It does. Very awkward.
He did take a pretty big slice of the pie. Little doubt the Telexfree trustee will be suing Wanzeler for the money (both Brazil and Singapore are signatories to the Hague Convention) so like Costa, he may find that his accounts and toys are seized to pay judgment creditors.
I dunno, JR. Some of them are simply in denial, i.e. “This cannot be happening to me”, so they deny reality.
It’s known as 5 phases of grief: anger, denial, bargain, depression, acceptance. A person when confronted with severe shock can bounce among the stages before finally ending up in acceptance.
Of course there are also some sadistic trolls out there messing with the TelexZombies for the “lulz”, and messing with us at the same time.
C’mon… Wanzeler just went to Brazil to watch the Soccer World Cup live. After the last game, he will go back to the US. I’m pretty sure they’ll find a return ticket at some point. LOL.
Well… there’s a chance he decides to stay for the Olympics in 2016 too…
Thats hilarious
“[Science] it’s true whether you believe it or not.” — Neil DeGrasse Tyson, Physicist