telexfree-logoFollowing a hearing on March 17th, Sann Rodrigues looks set to be released from jail.

Rodrigues has been incarcerated for contempt since January, after he repeatedly failed to adhere to the terms of a previously granted preliminary injunction.

Thos breaches have resulted in Rodrigues now owing the SEC $474,503.

The March 17th order to release Rodrigues was made following the dismissal of two of his motions, attempting to prohibit a recent filing by the SEC from being entered on record.

At the conclusion of the hearing, both the SEC and Rodrigues’ attorney were ordered to file an “amended proposal for a payment plan”.

Rodrigues’ initial submission of a payment plan had been rejected by the court.

Another plan, submitted on February 15th, saw Rodrigues claim he had been offered a truck admin job by a former TelexFree investor.

The proposed agreement stipulated Rodrigues would make repayments drawn from his weekly wages. He would also share 20% of proceeds derived from the sale of yet to be published motivational material.

An amended agreement filed immediately after the March 17th hearing, stipulates that

  • pay back the SEC a third of his $900 a week wage ($1200 a month) and
  • remit a half of ‘any proceeds received by him from the sale of any book or business development course’.

Rodrigues has also revealed several debts he claims are owed to him, the collection of which can be put towards his SEC repayments.

Mr Rodrigues estimates that the amount owed to him, without calculating the interest, is $353,000.00.

The first cited loan is for $50,000 to Fernando Fayzano ‘at an interest rate of twelve percent (12%) per annum‘. The second was for $180,000 to Alvaro Salcedo with a 6% interest rate.

Fernando Fayzano is the CEO of Pontual Money Transfer. As per their website;

Pontual is your payment specialist for money transfers to Brazil. We offer fast and reliable services for your personal needs and provide tailor made integrated payment solutions for business.

We specialize in money transfers from the U.S. to Brazil, and from Brazil to the U.S., as well as money transfers to Central America and South America.

Rodrigues connection to Fayzano is unclear. Ditto whether he used Fayzano’s services to launder any of his TelexFree payments.

I wasn’t able to find anything concrete on Alvaro Salcedo, much the less why Rodrigues loaned him $180,000.

A third claimed debt is for $25,000 Rodrigues paid to Tommy Allen of Allen Tactical and Security Consultants.

From Allen’s LinkedIn profile;

Tommy Allen started Allen Tactical & Security Consultants LLC (ATSC) upon his return from Afghanistan in 2010.

Mr. Allen did tours in both Iraq and Afghanistan. Mr. Allen spent 14 years with the U.S. Government to include SOCOM, and the U.S. Intelligence community in human (HUMINT), electronic (ELINT), communications (COMINT), and imagery (IMINT) intelligence in both tactical and strategic operations.

He has over 16 years experience with National Intelligence systems as an intelligence analyst, linguist (6 African languages), and Project Manager – His intelligence experience spans military and civilian communities. He is trained in imagery interpretation and HUMINT tasking, elicitation, collection and reporting.

He conducted intelligence operations at every level, from the most sophisticated SIGINT operations to direct, one-on-one, human operations, both overtly and covertly.

Mr. Allen is a Subject Matter Expert (SME) on various aspects of the African Continent – having made some 100 plus trips to that continent.

Allen Tactical & Security Consultants works predominantly overseas (Mainly Africa) as we are a Global Risk Management and Security firm.

Why Rodrigues paid a global risk management and security firm $25,000 is again unclear.

The final debt payments are $48,000 to Anderson Alves to invest in his company PhoneBrasil, as well as $50,000 into the company Got Chosen Inc.

Whether any of the funds Rodrigues invested were derived from his TelexFree income, is unclear.

Nonetheless, the amended proposed payment plan recommends the

court retain a law firm in Florida to pursue collection efforts on his behalf to obtain the money that he is owed. Any money collected on the debts owed to Mr. Rodrigues, exclusive of any attorney fees and costs, will be provided to the SEC and credited against the balance of the Debt.

Counsel for Mr. Rodrigues has discussed the potential representation by Tillman & Valente, PA (“Tillman”) in St. Petersburg, Florida, in pursuing these debts on behalf of Mr. Rodrigues.

Tillman has represented to the undersigned that their fees typically consist of one third (1/3) of the amount collected but that considering the circumstances of this case, their fees are flexible.

Rodrigues’ amended proposed payment plan was filed on March 18th and is now awaiting approval by the court.

The March 17th order stipulates that should it be approved, Rodrigues

is to be released from custody and returned to his home.

The Preliminary Injunction remains in effect and any future violation will be deemed contempt and result in re-incarceration.

Stay tuned…

 

Footnote: Our thanks to Don@ASDUpdates for providing a copy of Rodrigue’s March 18th “Motion For Approval Of Amended Proposed Payment Plan”.

 

Update 22nd March 2016 – On March 21st Judge Gorton ordered Rodrigues resubmit his proposed payment plan, stipulating that the court will have no part in his debt recovery efforts.

Furthermore the fees charged by the firm are to be no more than a quarter of the recovered funds.

Rodrigues submitted the required amended proposal later in the day, which Judge Gorton then approved. As per the March 17th hearing, that means Rodrigues will be released from jail to begin life as a trucking admin.