uFun Club lawyer argues legality of pyramid schemes
When your clients are busted pushing a $1.18 billion dollar Ponzi scheme, there’s not really much you can present by way of their defense.
Still, they’re paying you money so you’ve got to come up with something.
Cue absurd reasoning and logic from defense attorney Leota Schuster.
Schuster is representing Nicolas Giannos, Rosita Stanfield and an unidentified 74-year-old Pastor, who are
jointly charged with 8 counts of obtaining monies by deception.
Two of the 3 accused are separately charged with falsifying accounts, one with 2 counts and the other with 1 count.
Earlier this year the trio were busted scamming local business out of almost one million dollars.
The ruse involved getting local businesses to invest in uFun Club (now Unascos), an MLM cryptocurrency Ponzi scheme.
Leota stated at the outset of his submission that there were no evidence to support prosecution’s case against his clients and that everything presented at the trial were either ‘circumstantial or hearsay’.
Broad generalizations aside, Schuster asserted that it couldn’t be proven that anyone had actually been deceived.
Defense emphasized the word ‘deceit’ as the core foundation of his argument. Of the 8 investors called as witnesses, only 6 testified, the other 2 were not called.
According to Leota, none of the 6 investors called by prosecution testified that they were deceived. “The question is, who has been deceived?” asked Leota.
The investors were led to believe they were investing in a legitimate cryptocurrency.
That was a sham, with uFun Club simply using newly invested funds to pay off existing investors.
Whether or not those deceived acknowledge they were deceived is immaterial to the fact that they were deceived.
I’d even go so far as to argue that they don’t acknowledge their being deceived is proof enough of the deception.
Ponzi schemes by nature are deceptive frauds, that’s widely accepted and not up for debate.
According to Leota, prosecution has taken a parental responsibility over the citizen by making the claim of deception on behalf of the investors.
Well duh, that’s what regulators do.
Trying to play the “big government” card? Yes, let’s let Ponzi scammers run riot… and only after their victims have lost money should we let regulators intervene (and then complain about how they should have done something earlier).
Schuster also seemed to think testimony from Thai authorities, who busted uFun Club back in April and lead the way with investigating it, was “a waste of time”.
CBS (brought) in a Thailand police general to testify to which Leota said was ‘a waste of time’.
The Thailand general admitted an ongoing investigation against a UFun Store Company in Thailand which is a different entity from the UFun Group.
Somewhat ironically, given Schuster’s feeling arguments about deception, therein lies his own.
uFun Club = uFun Store = uFun Group = Unascos. They are all one and the same, run by scammers out of Malaysia.
Claiming otherwise is… deceptive.
According to Leota, prosecution tried to pull UFun Store and UFun Group to trial as one entity.
“Nofoaiga’s evidence is questionable, tainted and was influenced by the similarity of the name UFun Group and UFun Store Company, and the fact that there was an investigation in Thailand,” said Leota.
He said unless witnesses from the ongoing case in Thailand are called to testify, everything the police general said should be treated as hearsay, as he had no idea how the operation in Thailand is done.
Oh Schuster, now you’re just trying to waste everybody’s time…
What’s the bet that even if said Thai victims are brought to testify, Schuster then dismisses their testimony as hearsay? You know that’s totally where he’s going with this strawman argument…
Now, as bizarre as Schuster’s arguments have been thus far – nothing compares to the absurd logic fail he pulled out next.
That being, Schuster’s argument that deceptive pyramid schemes should be legal.
In trying to clarify the differences between pyramid scams and pyramid schemes, Leota explained the different characteristics needed to accommodate the 2 pyramids.
Pyramid scams is an obvious illegal way of robbing people, whereas, pyramid scheme, is a scheme where people invest for their own personal development..
What “investing in personal development” has to do with pyramid scheme fraud I have no idea. But Schuster’s logic-fail conclusion is hilarious:
In order for the pyramid scheme to be successful, its members need to recruit more members for the group to grow successfully, and according to Leota, recruitment is a necessary characteristic for pyramid schemes.
“There is no evidence that the accused encouraged investors during their presentation to recruit more members,” he argued.
Do I really need to point out this entire case came about because the clients Schuster is representing were caught red-handed trying to “recruit more members”.
Those recruited didn’t even have a chance to recruit new investors of their own, as police moved quickly to arrest the scammers as they tried to flee.
Job well done.
Leota argued that if there was any corrupt or misleading motive behind the presentation, why would they choose to present to the Government or publicly.
He also argued that if ‘deceptive’ was in the presentation, then prosecution needs to pin point exactly ‘where it was deceptive.’
- Because they wanted money.
- “Where was a Ponzi scheme deceptive”? Oh I dunno, how about everywhere…
“Investors claimed that they knew what they were investing in and they did it at their own risk,” argued Leota.
Which, yet again, has nothing to do with them being deceived into investing in a $1.18 billion dollar Ponzi scheme.
Futhermore, that a defense lawyer would use an argument straight out of “Ponzi excuses 101” is rather concerning.
I can guarantee you now Giannos, Stanfield and the pastor did not inform those they sought investments from that any projected ROIs were dependent on investments from subsequent investors. And should those not materialize, they’d each lose the $100,000 they invested.
Instead they were fed porky-pie presentations about a fictitious uToken cryptocurrency. And we know this because we’ve seen the presentations made.
Prosecution is yet to make their final submission.
Here’s hoping they tear apart Schuster’s paper-thin arguments, with justice delivered by way of a harsh sentence.
Nicolas Giannos and Rosita Stanfield believed, with the help of a local pastor (a straight-up affinity fraud play), that they’d have no problems landing in Samoa and then running off with a million dollars in Ponzi loot.
Even in a country as small as Samoa, that cannot be permitted to stand.
Stay tuned…
hey, we missed this important testimony which happened in early september:
whatever schusters has to say about the difference between ufun store and ufun group will not hold much water because:
newslinesamoa.com/?p=2363
As they say in the Matrix… you don’t have to KNOW you’re a victim to be a victim.
Maybe the lawyer is a standup comedian?
this is the story of ufun/unascos from the perspective of casey tan, top ufun recruiter and close confidant of dato daniel tay, published on FB on sept 7, 2015:
so apparently danial tay is a Noble Ponzi Warrior, who was brave enough to build a new ponzi empire on the ruins of the old one.
casey tan forgot to tell us what happened to those irritating suckers who were screaming at him, because they had no money to buy milk for their babies or pay electricity bills.
did the Noble daniel tay return their funds or not?
Tay used some of the $35 million to pay off Malaysian police and rebooted his Ponzi as Unascos.
Tan could have saved everyone a lot of time if he just cut to the chase.
All this IPO, pre-IPO crap Unascos are touting is the same shit Steve Chen offered before GemCoins. The two schemes are like mirror opposites of eachother.
anybody wondering what lyn summers, ufun/unascos recruiter from australia is up to these days?
well, shes firmly entrenched at the top of unascos, and quite cosy with dato daniel tay in malaysia, as of 3rd october, 2015:
facebook.com/photo.php?fbid=10153900436774381&set=a.10150188058434381.334372.586439380&type=3
this is a video of a unascos malaysia training event, held in sept 2015.
dato daniel tay, eddy tan, lyn summers and that top guy from unispace are together pushing unascos along.
they announced that they were going to start events in china and hong kong shortly.
and yep, gateway klang is still mentioned as their prime project. i guess gateway klang needs more ponzi money for construction.
it’s amazing that daniel tay can continue to sell his relationship with gateway klang in malaysia, and the management of gateway klang do nothing to stop it!
i mean, this is one of the biggest projects in the area, and apparently ponzi bosses, who are wanted in neighboring thailand can flaunt gateway klang as their project in public, and no one bats an eye! gateway klang is a semi govt project at that! [the klang port authority is a partner].
there was some shit about mednspa too, but No Mention of the indonesian nickel mine which had been previously touted as the magical key to wealth for all ufun/unascos members.
youtube.com/watch?v=gjSEIywuI8w
The stoty goes on and on. In the end truth will come true. Every thing has and end, and maybe we will see the end of this soon! Even kittens opend there eys in the end.
Have unascos got undercover? I never heard anything abaut it in a long time.
The dilemma is for those that invested in ufun, there was still a lot of capital available on shut down.
Now for all who invested a vast amount of the capital has been confiscated by the Thai regulators (investors money)..
So maybe this was a big ponzi but with all those opening their big mouths has made more damage to all those that invested then to the so called leaders of this system..
I respect the information on this site though if it is to help people, then way did you dig a deeper hole for them (investors) to fall in..
Funds seized were to be released to victims as per a claims process (this takes time).
Also what crap authorities seizing what funds they could did more damage than Daniel Tay and friends. They made off with who knows how much to fund their extravagant lifestyles in Malaysia.
So, your solution would be for critics to keep quiet and let the fraud run its’ course, would it ???
Good luck with trusting that the criminals behind Ufun wouldn’t simply have shut shop and make off with the proceeds.
Great to awaken the sleeping dragon…
There is still a lot of people (investors), who do not know how to claim their money back, I would suspect being Thailand, this could take years.. and that is only for those,that have been able to make a claim.
Quote; Unascos got undercover? I never heard anything abaut it in a long time.
It would seem the door has now closed, on Unascos
That doesn’t justify Ponzi scammers or their schemes. Nor does it mean victims would have been any better off losing it all when uFun Club collapsed.
Unascos hadn’t gone anywhere last I checked. Once they spent what money they were willing on ribbon-cutting ceremonies that was it, management disappeared.
The top investors moved on to scams like MMM Global and who knows what else now that’s collapsed.
On Facebook Today..
Daniel Tay being a Buddhist was never relevant. He was a Ponzi scammer and that is the only due diligence those who invested should have considered.