Australian Judge: TVI Express is a pyramid scheme
Roughly a year and a half ago in May 2010, the Australian Competitive and Consumer Commission (ACCC) was succesful in obtaining a court order prohibiting
Laulhati “Teddi” Jutsen, Tina Brownlee and David Scanlon from promoting the scheme, accepting payments from new “members” or paying other participants.
Identified as major players in TVI Express’ Australian operations, the effective order that Brownlee, Jutsen and Scanlon (left to right respectively in the photo right) cease of promotion of TVI has meant that over the past eighteen months, TVI Express has been promoted in Australia by others whilst a court battle raged over the legitimacy of the company itself.
Yesterday that court battle came to a climax and resulted in Justice John Nicholas making his final ruling: TVI Express is pyramid scheme.
Despite initial promises by TVI Express that ‘the ACCC claims will be “strenuously defended’ this appears to have amounted to nought and instead Jutsen, Brownlee and Scanlon were left to defend themselves.
So how do you defend an obvious pyramid scheme that takes membership fees, delivers a worthless product and pays out recruitment commissions?
You can’t.
In his ruling, Justice Nicholas
described TVI as a system which “purports to offer discounted accommodation and travel opportunities to members, as well as income-earning opportunities”.
To become a member, a $US250 ($A253) fee had to be paid. For this, Justice Nicholas said, a travel certificate was received, “said to entitle them to free accommodation for six nights and seven days, a free companion flight, a virtual back office, access to an online travel portal, a self-replicating website and access to business tools”.
But Justice Nicholas found there was “no evidence” that any member had “obtained the … vacation or a companion flight”.
“I am satisfied that the TVI Express System was a pyramid-selling scheme”.
Despite this being blatantly obvious to anyone who looked at the TVI business model, nonetheless it’s good to see that finally the TVI Express scam has been brought before a court in Australia and a ruling made.
In light of the landmark ruling (believed to be the first of its kind in Australia),
The ACCC is expected to now seek substantial fines against the trio, as well as injunctions restraining them from engaging in similar conduct in the future.
With the maximum penalty for promoting a pyramid scheme in Australia being $220,000, personally I hope they nail these three scamsters hard. Let that serve as a lesson to people promoting obviously paper thing recruitment scams.
As someone who follows the MLM industry in my limited capacity, what piques my interest is the precedent this decision means for MLM in Australia.
In his ruling, Judge Nicholas noted,
I am satisfied that the single most important inducement held out to prospective members of the scheme in this case was the prospect of them making money, large amounts of it, by encouraging other people to join who would have to pay a membership fee to do so.
The vacation representation was misleading or deceptive or likely to” mislead or deceive becase “people would not expect the travel certificates to be of no value”.
Currently there are a hell of a lot of MLM opportunities out there being openly promoted in Australia that members generate the bulk of their commissions by luring new members in with the ‘prospect of them making money, large amounts of it, by encouraging other people to join who would have to pay a membership fee to do so’.
Too many MLM companies these days simply pay commissions out on recruitment of new members whilst offering members products of little to no inherent value. And quite frankly, this has got to stop as it’s bad for everyone involved in the MLM industry.
With Judge Nicholas’ ruling today setting precedent that will no doubt streamline the legal process after the ACCC has carried out their own investigations into a company, one can’t help but wonder if this is a major setback for shallow recruitment driven MLM scam promoters in Australia.
Let’s hope it is.
Too bad it took more than TWO YEARS for the judgement to come down.
And there’s still the “contempt of court” charges pending… When ACCC got this trio’s bank account frozen except for living expenses, “Teddi” went to multiple branches withdrew smaller amounts, and emptied the account, and ACCC went back to court and the judge added contempt charges.
That should tell you what sort of scoundrels these are (and why they are attracted to TVI Express).
Should come in handy when they prosecute the individuals. Anything less than the maximum fine is an insult!
Always going after the little guy. Come on, these people where ordinary folk that got sold the dream, they made some money and chose to remain ignorant. Throwing the book at them while banks get away with milking citizens out of billions of dollars yearly is a joke.
Australia has become just like the US. Throwing the book at the the little guy while letting the big time scammers, aka banks , get away with financial murder. MLM is the little guys way out of the enslavement.
Yeah, TVI is a bad representative of the industry, obvious ponzi from the beginning, but after all is said an done, people lost 250 bucks. Not there homes, not there life savings and not there lives. I think they have been punished enough.
@jose — what about the thousands of people they dragged into the scheme (i.e. their “downlines”)? Sure this trio are victims… of their own greed (and TVI Express fraud). But they promoted it of their own free will, and they need to pay for their crime against other Australians and NewZealanders.
As for what banks and other businesses did… They did it WITHIN THE LAW. it may not be ethical, but it is LEGAL (any illegalities like bad foreclosures are being investigated).
Pyramid scheme is BOTH ILLEGAL AND UNETHICAL. You can’t compare the two like that. It’s an irrelevant red herring.
Unfortunately, Chang that sort of thinking is why the banks get away with it and do it again and again.
And what crime have they committed? They most certainly thought that TVI was not an illegal pyramid. How are they suppose to know?
Now they know since it was ruled a an illegal entity. So as long as they cease to market TVI, they have not broken any laws. The company has, but they haven’t.
@jose
Collectively Brownlee, Jutsen and Scanlon netted $297,000 in TVI membership fees in their last recruitment drive, before the ACCC shut them down mid tour.
And being the ringleaders of TVI Expresses operations in Australia, we’re not exactly talking ‘the little guy’ either.
Punished how? TVI Express was ruled a pyramid scheme just yesterday and apart from stopping them from promoting the scam, the ACCC are yet to bring these three to justice.
It’s illegal to promote a pyramid scheme in Australia. Ignorance is not an excuse, as what constitutes a pyramid scheme in Australia is readily available.
TVI took in membership fees, had no retail products to sell and paid commissions solely based on the number of new recruits brought into the company.
Brownlee, Scanlon and Jutsen deserve everything the ACCC throw at them.
Let’s hope they’re just the first of many more scam operators to be held responsible for the scams they promote.
1) It’s irrelevant to whether they deserve punishment or not
2) So elect someone who will tax the heck out of them and pass laws to restrict them. Don’t sit here moaning about other criminals.
They certainly could have known, but chose to remain ignorant. China had started arresting TVI Express perps in July 2009, and I personally started covering TVI Express scam in October of 2009 on my blog (and coverage continues today). ACCC didn’t bring charges against them until May 2010.
If they bothered to check (I’m not the only one who said it’s an illegal pyramid scheme) they’d have found something. Instead, they were only stopped through a Federal court injunction, and then they’re stupid enough to violate court order freezing their bank account.
Nope, they CHOSE to remain ignorant, and compounded that with contempt of court. They are not as innocent as you think they are.
The ACCC report is now out, and they quote Judge Nicholas as stating that
Given that Jutsen, Brownlee and Scanlon were the ones leading people to believe this, Jose’s question ‘How are they suppose to know?’ becomes quite silly.
They knowingly were promoting a scheme that only paid out commissions for the recruitment of others, so if they didn’t know it was a pyramid scheme, what exactly did Brownlee, Jutsen and Scanlon think they were promoting then?
Chang
As for what banks and other businesses did… They did it WITHIN THE LAW. it may not be ethical, but it is LEGAL (any illegalities like bad foreclosures are being investigated).
The banks certainly did not do it with in the law, and they are being made to call customers up for mis selling loans and mis selling many of their products, no one gets personally held accountable as Jose mentioned, very comparable and the big institutions are by far worse, people trust them.
So your advice is “trust no one”? 🙂 Come on, that’s a red herring and a derail attempt. We’re here to talk about TVI Express. 54yirutueyuydr5v5ff5v54ryetrruh6g668wtaawaax
FYI, hot on the heels of Australian conviction of TVI Express scammers… Indonesia also did the same!
http://www.ujungpandangekspres.com/index.php?option=read&newsid=77562
And the guy gets 9 months in jail!
http://www.ujungpandangekspres.com/index.php?option=read&newsid=77647
This is interesting… News from Saudi Arabia… Local TVI Express promoters have FAKED a local Islamic official’s seal proclaiming a fatwa (religious edict) that allows TVI Express to be legal.
Local official denies such a fatwa has been issued, and the company is based on lies.
http://sabq.org/sabq/user/news.do?section=5&id=35136
TVI Express in Saudi Arabia, are they crazy?!
Wonder what the penalty for running and participating in a ponzi scheme there is, beheading?
I dunno… 40 lashes?
I doubt it’s run by “native” Saudis. I think this was “imported” by the foreign workers, like Bangladeshis, Indonesians, Filipinos, and so on, but that’s pure speculation on my part.
I do occasionally see posts in Arabic on TVI Express. One of them even spammed Google Answers for Arabic (ejabat.google.com) I know they’re in the other countries, like UAE / Qatar and so on.
Just for grins, I looked up Saudi law on this matter. Saudi law, based on Shariah law, has three classes of crimes: major crimes (treason, blasphemy, etc.), medium crimes (punishment described in Koran), and discretionary punishment crimes (whatever the judge deem fit, from death to name and shame).
Saudi law says that Internet fraud is does not fit the specific definition of “theft” so there will be no hand-chopping.
However, up to 5 years of imprisonment, forfeiture of property, close of business, and fines are certain possible.
Same for impersonating another online.
Have no idea what the penalty is for faking a fatwa though. But that is likely to be VERY serious.
The same news about the fake fatwa is now also on Alriyadh.com, another Saudi newspaper
http://www.alriyadh.com/2011/12/22/article693983.html
TVI Express fakers are REALLY going to get bitten this time. They already faked approval by Ulama (Islamic) council of Aceh Indonesia before.
South Africa forensic audit firm confirms they are investigating FIVE different pyramid schemes, at the request of South Africa Reserve Bank, and TVI Express is one of them.
Some members in the other scams already went to jail.
http://www.iol.co.za/business/business-news/auditors-probe-kzn-pyramid-schemes-1.1237695
Goernani Goenawan, leader of TVI Express Indonesia, has moved on to “NEO Survey Asia”.
http://bisnisneo.com/
Is she just following an Indonesian upline? That site wasn’t even in English!
I’m following that through Google Translate myself. She’s portrayed as the “leader” and head recruiter. And Indonesians persist in believing she owns half of that new airline.
Got a whole bunch of Filipino TVI Express members who apparently believed that all the “negative press” (i.e. people convicted around the world for promoting TVI Express) is simply due to “dishonest people”.
There’s rumors that the folks in TVI Express, esp. Russian ones, launched IBCTravels.com and UnitedTVIExpress.com.
http://www.complaintboard.in/complaints-reviews/ibctravels-com-l195337.html
However, when I checked the domains, IBCTravels is hidden by a proxy domain registrar, and the second domain is expired. So I can’t confirm their observations.
A little further research seem to indicate IBCTravels is launched by ex-tvi leaders in Kazahkstan to clone TVI Express by adopting the same tactics: registration in Hong Kong (and virtual office), offshore company in Seychelles, no leader or company exec info.
http://kschang.hubpages.com/hub/Is-IBCTravelscom-a-real-way-to-travel-and-earn-money-or-is-it-just-a-clone-of-an-existing-scam
Got an unconfirmed report that TVI Express is dead in India, but it seems to still thrive in Philippines.
Just checked Tviexpress.com and it’s got a 502 bad gateway error. Is this the end?
tviexpress.com website’s back up, but both India offices are indeed gone (used to be one in Bangalore and one in another city) and indeed lists elite travel as main office.
What’s even funnier is it does indeed list indonesia and south africa offices even though it had lost license in Indonesia in 2011 and has been investigated by South Africa as fraud back in decembre 2010!
NEO Online, who’s behind the Neo Survey Asia potential scam, is a virtual office in Vancouver through Regus (again).
They have a NEO-VO online shop with bogus testimonials using stock photo and picture of Indian Born CEO of Pepsico Indra Nooyi, virtually PROVING it’s designed by an Indian.
http://kschang.blogspot.com/2012/05/is-neo-vocom-another-scam.html