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Thread: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

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    Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Certainly this must be a mistake:
    Boardwalk Auto Group Company Directory of Business Contacts from Jigsaw
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    1 - 94 of 94 Page 1
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    Nixon, Jeff Assistant Sales Manager Sales Staff Mckinney TX Sign Up to View
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    Laurenzi, Mark Certified Sales Consultant Sales Staff Plano TX Sign Up to View
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    Marroquin, Edna Marketing Administrator Marketing Staff Plano TX Sign Up to View
    Weinzierl, Jack
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    Apparently, Boardwalk Auto Group is not properly screening applicants and is not taking the safety of their clients and reputation seriously. Why would anyone do business with a company employing a man who has made false allegations of being stalked and who solicited an adjudicated pyramid scheme long after the court case against the Better Business Bureau of Dallas was lost and it was obvious 98% of the marks were losing money? He was also involved in a stranger-owned life insurance debacle, bogus charity and a chapter 7 bankruptcy that he suddenly asked to be dismissed when the Department of Justice launched an investigation into possible bankruptcy fraud and demanded detailed financial records for. Many lost thousands and thousands of dollars to this scammer they could not afford to lose while he spouted off Bible verses in order to empty their pockets. His true colors have definitely shown through. The local news channels should expose this!

    So, before doing business with Boardwalk and Weinzierl folks should read these threads. The actual court documents and Jack's own words are there, with much more to come. Be safe and check things out before you part with your hard earned money!


    Jack Weinzierl Multi-million Dollar Earner or Destitute Ding-a-ling???

    Tim Darnell / Jack Weinzierl / Advantage Conferences Earnings Representations

    Scam Thread - Advantage Conferences / Tim Darnell (Financial Planner from Allen, TX) / Jack Weinzierl

    Slay the Real Giant Lawsuit / Tim Darnell / Jack Weinzierl

    Tim Darnell and Catherine / Cathy Starnater Darnell both sent to IRS Hell

    Advantage Conferences Sued the Dallas Better Business Bureau and Lost in Summary Judgment / Tim Darnell / Jack Weinzierl
    Tim Darnelll (Timothy Spencer Darnell) Non-citizen / Not a Texas Resident / Mary Lou Starnater Affiant

    Tim Darnell / Jack Weinzierl / Advantage Conferences and One of the Heroes That Helped Shut Them Down -- Judy S.

    Jack Weinzierl Threatened and Tim Darnell Sued Soapboxmom / Heather Dobrott in District Court & Lost in Summary Judgment

    Jack Weinzierl / Tim Darnell Fabrications of Receiving Death Threats and Being Stalked By Soapboxmom / Heather Dobrott

    Jack Weinzierl is an EVIL Rat! Liar and Scammer! Stephanie Weinzierl of Coram Deo Academy

    Advantage Conferences Implodes into Bankruptcy just as Its Predecessor All Star Entrepreneur / Tim Darnell

    Insurance Agents Held to High Standards / Tim Darnell's Insurance Escapades

    http://www.realscam.com/f16/coram-de...nces-reps-303/

    http://www.realscam.com/f14/tim-darn...backfired-769/

    Jerry Weinzierl / Aaron Weinzierl Religious Scammers Who Threaten Consumer Advocates with Lawsuits Using Google Ads
    Tim Darnell / Jack Weinzierl and Their E-mails Straight From Purgatory

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Scammer Jack out where he can terrorize the customers:Boardwalk Scammer Jack Weinzierl.jpgBoardwalk Scammer Jack Weinzierl 2.jpgBoardwalk Scammer Jack Weinzierl 3.jpgBoardwalk Scammer Jack Weinzierl 4.jpg Are the religious nuts from Advantage Conferences going to come and save unsuspecting customers.
    Jacko claimed:
    I'm really not a salesman. I am terrible at closing. I just don't do it. I've been in the business long enough to learn everything you shouldn't do, so when I'm talking to someone about getting into the business, I really try to scare them out of it. And a few people decide it isn't for them. But if someone is considering it, I'll tell them to think about it for a few days. Pray about it with their spouse. It can be a very lucrative business opportunity. But anything worth doing is worth prayerful consideration.

    Jack also says his faith plays an important role in his business dealings.
    It used to be that people were hesitant to let their faith come to the forefront of their business, he said. But really, I think it's ridiculous to separate one's faith from their business. We are walking our talk every day in our Christ-centered business and life.
    The Bible twist method of luring in customers might not be so great in a car dealership with savvy people who are quick to smell a rat will get offended and walk. Your walking your talk left you, Jack, stiting high on the hog while 98% lost money. Many of them lost thousands and thousands of dollars to you. Perhaps, in addition to the yearly toy drive, the dealership can host a food and clothing drive for your many victims that are in desperate need. You could publicly apologize for continuing to push that scam long after you knew it was adjudicated to be a pyramid scheme and almost everyone was losing money hand over fist.

    Being embroiled in what could have become a class action lawsuit if the reps weren't left bankrupt and desperate didn't dissaude you either. Anything to make a buck, right, Weinzierl. You were loudly proclaiming your wild success while simultaneously filing a chapter 7 bankruptcy. When the Department of Justice got special counsel appointed to investigate and litigate possibly fraudulent transfers you then in a panic withdrew the bankruptcy filing. Months later you were right back bragging online about being a mulllti-million dollar earner. Lies,lies,lies......

    Jack Weinzierl Multi-million Dollar Earner or Destitute Ding-a-ling???


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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Brian Ongaro Joins Boardwalk Auto Group as Vice President of Sales and Marketing

    Brian Ongaro joins Boardwalk Auto Group as Vice President of Sales and Marketing. Brian Ongaro joined Boardwalk Auto Group on the heels of directing a Columbus, Ohio-based dealership group that included Lamborghini among its nameplates.




    Brian Ongaro
    I’m going to examine the entire Boardwalk sales process to determine how we can make it a greater overall experience for each customer.

    Plano, TX (PRWEB) May 17, 2011
    Automobile retailing is among the most complex processes on the business landscape. Its components and dynamics—buying, selling, sourcing, service, technical expertise, and relationship building—are constantly in flux. That’s why it takes a unique set of skills to manage its intricacies and implement strategies to effectively grapple with its challenges. As vice president of sales and marketing for Boardwalk Automotive Group, Brian Ongaro possesses those uncommon capabilities.

    Brian Ongaro joined Boardwalk Auto Group on the heels of directing a Columbus, Ohio-based dealership group that included Lamborghini among its nameplates. But like Boardwalk Founder Scott Ginsburg, the weight of Ongaro’s experience was earned in broadcast media. After joining Ginsburg at Chancellor Media Corporation in 1997, Ongaro was appointed executive vice president and market manager of AMFM, Inc.’s station group in Dallas–the nation’s fifth largest market in terms of revenue. In 2002 he was tapped as the executive vice president for CBS Radio, overseeing their large markets radio stations in the western region.

    With 28 years in broadcast management, Ongaro brings a wealth of organizational management and innovative marketing experience to Boardwalk. “I’m going to examine the entire Boardwalk sales process to determine how we can make it a greater overall experience for each customer,” he says.
    His focus will be on the abundance of rapidly developing opportunities in the digital space, especially in social networks connected via portable devices. He will also be focused on reputation-marketing strategies to rapidly address customer concerns. “There are a lot of other unique opportunities that haven’t been adequately explored yet,” he adds.

    A native of Columbus, Ohio, and a graduate of Ohio State University, Ongaro’s business philosophy is focused on taking care of customers. Ongaro wants to make Boardwalk Auto Group the first place people think of when they are considering buying or servicing their car. Exceeding expectations is the goal. He also wants to be recognized as one of the best places to work in DFW.
    About Boardwalk Auto Group

    Boardwalk Auto Group is one of the premier auto groups in the nation representing Audi, Ferrari, Lamborghini, Maserati, Porsche, or Volkswagen, Boardwalk is here to serve you. Performance. It’s what we do. Learn more about and connect with Boardwalk Auto Group at http://www.BoardwalkAutoGroup.com and at Boardwalk Auto Group | Facebook.

    I take it this is Weinzierl's boss. So, the customer will get a heaping helping of Jack's twisted bible rants, veiled and not so veiled threats and of course his version of the truth. Reputation-marketing a la Weinzierl???? Perhaps Ongara and Boardwalk's valued customers shoud see some of Weinzierl's best work!

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC



    From: Advantage Conferences <messenger@advantageconferences.com>
    Date: November 1, 2007 5:09:23 PM CST

    Subject: Footsteps of Faith Messenger


    Purpose:Spreading Good News to the World!


    Cover to Cover Campaign
    One of the greatest and most rewarding tasks you can ever accomplish is the reading of the Bible from Genesis all the way through Revelation. If you would like to start this journey (we read slowly), you are welcome to join an ever-growing group! Simply signify your intentions by clicking here. You will be blessed!
    NEW TO THE BIBLE? If you are a new Christian or just haven't done much Bible reading yet, prior to committing to the Cover to Cover Campaign, I suggest you read three books in the New Testament for starters. Read the books of Matthew, John, and James. These wonderful books will give you a great introduction to the Christian faith and will be very eye-opening for you! Starting here will allow you to have a fresh perspective to begin the Cover to Cover study.
    Footsteps of Faith Messenger - Issue 178

    Choosing Sides
    Luke 12:51
    Tim Darnell The time is already here. It is a time where Believers and Non-Believers are so distinctly divergent in their views that multiple battles are taking place on many fronts all over the world. I vividly see distinct battle-lines as Founder of a boldly Christ-centered business that functions in a secular marketplace. And I believe the divide is going to become more pronounced and confrontational for both sides in the very near future.
    Which side are you on?

    1. Non-Believers – the world. Many in this vast population even call themselves Christian, but really don’t, won’t, and can’t stand up for anything, and they are determined to not bother anyone else. Factually, the majority of Christians fall into this category. They believe the distinction between right or wrong is a personal decision because there really are no absolutes or standards in life worth being vocal about, especially if it could lead to disagreement or conflict. These are people guided much more by the world, anything that is financially expedient, and society’s popular trends, than they are led by their belief in Jesus Christ and the presence of the Holy Spirit (this very sentence is to them, ‘gobble-di-goop’). They arepolitically correct. They are much more led by and dependent on the company in which they are employed, and their paycheck than they are their convictions regarding Jesus. Virtually all of their decisions are made based on the almighty dollar, not Almighty God.

      Who are Non-Believers?
      1. Nominal Christians – Christian in name only, milquetoast observers of “religion”, but people who lack a genuine foundation in, and reliance on, the Bible - and in reality possess few convictions about anything. Pleasure seeking, they don’t have genuine joy regarding the redeemed life or salvation. They may not like evil, but they’re not really against abortion, the homosexual and anti-traditional marriage movement, or religions and entities that are not Christ centered. Discernment is not Biblically based for them, but rather a personal, day to day cognitive process (human reasoning is the real guide).
      2. Social Chameleons - adapt to whatever environment they are currently in regardless of beliefs and classification. “It’s all good…” When in church, they are Christians. When in a rock concert, they’re equally as committed to, and part of a God-less, hedonistic scene.
      3. New Agers – have an affinity for positive materials, but refer to God as the higher power, or the universe. They view Jesus as a very good person, the master teacher (if the subject of His Name comes up at all), although only one of many. The Bible is good for the New Ager only for the fact that it has some good “sayings” and quotes that can be used to support whatever mystical theory (“secret”) they are promoting at the time.
      4. Agnostics – it doesn’t matter whether or not there is a spiritual realm or the ‘so-called’ God of the Bible.
      5. Atheists – there is no God.

    2. Believers –Christ-centered individuals who believe and live their life according to their belief in Jesus Christ, the Word of God - every day of the week. They are not perfect by any stretch, but they believe that there is such a thing as unwavering truth - solid absolutes that can be ascertained via the Bible and revelation from the Holy Spirit, and that those directives can be lived by and lived out. They believe that these absolutes are worthy of maintaining and striving for. These vibrant, Politically Incorrect people are not ruled by the world’s standards or by what the world thinks of them, but rather, rely on the Word of God on a daily basis for direction, strength, and discernment. They believe Jesus Christ (not just God, and not the church, the Pope, a political party, or a church’s constitution) is central to, and vitally important for, every aspect of their life.

    If you haven’t made distinct choices about what you really believe in life, then it’s easy to migrate in and out of any business, club, church, organization, country, etc., without any problem at all. You can be a social chameleon, changing your beliefs to suit the people with whom you are currently in contact. The ‘easy’ thing about being adaptable as a social chameleon is that no one will really be threatened by you, because you are someone who really stands for nothing. You strive to be liked by whomever you are around at the time and that is exactly the kind of person most people prefer. Fitting in is the goal, rather than following Jesus.

    Non-believers simply look for comfort and pleasure for themselves and their family. They sometimes will reach out to help others, but that is usually a short-lived, sporadic lifestyle when not prompted and sustained by genuine Godly strength.

    The world is not threatened by Non-Believers, only by true Believers - strong individuals who know to Whom they belong, in Whom they believe, and Who they serve. To the dismay of the world, Believers are courageous enough to take a stand in their life. These are the Warriors – reminiscent of David’s mighty men. (Many of these Believer/Warriors are strong Christian women, lest you think I’m gender biased – which is not at all the case.) Warriors are individuals who go into the secular world with their message, beyond the four walls of the church, living their daily lives on the front lines. They are the ones who can be counted on to lovingly and firmly speak up for King Jesus and the Truth of the Bible regardless of environment or circumstances.

    ATTACKS
    And Warriors are the very ones who will consistently bear the brunt of attack and persecution. Why - because people who truly believe in Christ present a disturbing challenge to those who have not taken a stand for the Truth. The message of the Gospel is Good News to those who believe, but it is horrifying to those who don’t. True Believers attend and support the church, but they live their lives outside of the four walls of the church in the light of His love smack dab in the middle of the dog-eat-dog world. Their light is evidenced in service, courage, diligence, work, consistency, congruence, patience, and tireless ministry away from the safety of the fortress of the church. But
    True Believers are irritating to the world. Their light is abhorrent to those who have chosen to dwell in the shadows. And Non-Warriors/Non-Believers certainly aren’t willing to go through what Warriors are willing to face and endure.

    Warriors dare to speak up for Jesus in places that have formally or informally outlawed the mention of His Mighty Name. The marketplace is with few exceptions, one such place, if not the most needed place for this to happen.
    Say the name of Jesus in the marketplace. Do it consistently and watch the demons of hell come out from under the bogs and out of their comfortable cesspools, spewing hideous, wretched venom. Funny thing about those demons – they always prefer to work under the cover of darkness. They’re great at espionage and covert, cowardly hit and run tactics. But, boy, do they hate the light.

    We’ve encountered many of those demons on the Internet. They can hurl their lies and hate-filled accusations, saying virtually anything they want about True Believers, their number one targets, because they can denunciate and attempt to destroy with very little fear of reprisal. Virtually all choose to remain anonymous for fear of being exposed! They’ll also resort to other methods, like making phone calls to try to malign and destroy a Believer’s character, business, and reputation, the content of those messages and calls always being jaded, twisted, and oftentimes, malicious lies.
    “But, a good man, when attacked, allows time to prove him right.” (unknown)

    Demons of the Internet remind me of road-rage drivers who feel like they have license and power to attack others while in their cars. Those same people would never be involved in those kinds of attacks if they were person to person, not empowered by the machismo and shelter of their automobile – a strange, almost unexplainable phenomenon. People have aggressive tendencies that are dormant under certain conditions, yet are released and expressed in others.
    It is clear that there is more pent-up anger and hatred roaming around than we care to admit.

    On the Internet, lies are the essence and substance of the attacks. In my case, one such attacker, a Heather Dobrott from Garland, Texas, has literally and physically stalked me and my top Representative, Jack Weinzierl, for over two years now.We only now know her name after she called many of our Guest Mentors, hotel management, our Pastors and Staff of our churches. This has gone on for literally years, although she finally made the mistake of leaving her real name and contact information with one of our speakers. She’s made defaming my name and character, including several of our top business associates, a career path. I’m still mystified by her hatred and obsession, but it is indeed the reality we’ve experienced.

    Well, Tim, that’s certainly not politically correct to share her name in a published document. Exactly.
    That’s what the enemy relies on – nobody taking a stand; nobody enunciating the truth. The enemy relies on our abdication of the podium. The problem with our not speaking up is that it turns the microphone over to the enemy, front and center. If I knew a thief that was clearly robbing homes in your neighborhood, would you prefer that I not expose him and let you discover (the hard way) his real name after the fact - after you’ve been robbed? Those who stand for nothing believe you shouldn’t speak out. But Warriors understand the importance of knowing who the enemy is. When the enemy chooses you as a target, you’d better clearly understand, acknowledge and react to the fact of who they are and that you are indeed in a battle. In fact, naming your enemy is the first step to Slaying Your Giant©!

    This woman has physically followed us on multiple occasions, taken pictures of our homes, taken pictures of our vehicles (why – I have no idea), our families, and most noticeably, posted negative filth about my character and every move I’ve ever made in our Christ-centered business - all on a regular basis. It brings to her an apparently needed sense of importance, and functionally raises the particular blog and website higher in the search engine rankings. Not a word has to be true, yet it still gets to the public. She presents a case based on some truth, but twists each fact to make me and my associates look like the negative opposite of what we really are.

    Is that not the exact way the way the enemy, the father of lies, teaches his pupils to operate? Take the truth and twist it just enough to still appear plausible, but present it in such a way as to tear that person down. Never say anything positive. Cast aspersions. Make demeaning remarks constantly. Question their intentions continually. Deny any good they’ve ever done. Condemn their morality. Deny their Christianity. Say anything you possibly can to make them look bad. Make fun of their business acumen. Berate their ideals. Talk about their clothes, their hair, their children, their parents – whatever, just be sure to put them down. The enemy does all of these things as a way of life....

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Non-Believers treat Believers in a variety of ways:

    1. Ignore
    2. Avoid
    3. Dialogue and Respect (thank God – there are many civil Non-Believers!)
    4. Gossip (anonymously posted on the Internet)
    5. Lies and character assassination (about any and/or every aspect of a person’s life)
    6. Stalking (I naively thought that just occurred on television)
    7. Organized Attacks (misery loves company – get others involved in the hate fest)
    8. Political Agendas / Lobbying (the homosexual lobby has been and still is the most powerful, highly organized group in Congress)
    9. Elect Liberal Judges (Justice? – a figment of our imagination. If you don’t believe this one, you’ll be welcomed with a wink and open arms in the courtroom.)
    10. Pass Laws that Outlaw Truth and the Word of God (is it now illegal to use the terms, “husband and wife” in California – no, I’m not making this up)
    11. Death Threats – oh, yeah, lot’s of bravado on the Internet!

    The courts, at least in Texas, are filled with liberal judges, so the anti-Christian, anti-Capitalism, and anti-Republican movement is for all intents and purposes, sanctioned. If you fall under two or three of these classifications, then, all I can say is good luck in a court of law, you’re going to need it.

    The problem with the Heather Dobrott’s of the world is that they will definitely have an influence on folks in the Non-Believer category. Since Non-Believers are the majority, then she’ll be somewhat successful, even in the midst of their obviously biased, one-sided, negative stance. The world loves negativity and destructive language. It’s what they understand and literally pay to hear.

    The goodthing about the Heather Dobrott’s of the world is that they help cull (that’s a farming term meaning ‘picking out the bad plants or animals’) the Non-Believers and Non-Warriors out of my business and out of my life. Why is that a good thing?
    Because Non-Believers are value-less on the front lines. They hinder the cause of Christ and hinder those who have taken that stand. Confronted with the difference in my message and her message, each person has to take a stand. They have to make a decision as to which camp they’re really in. You can’t believe me and Heather at the same time. One is right and the other is wrong. Whichever one you believe indicates who you serve – the world or Jesus. So, she unwittingly serves a valuable service for my family, my business and in truth, all of God’s kingdom! You see, I really don’t want and can’t use Non-Believers in my business. Nor does God allow them into His kingdom, although He does use the enemy at times to further His kingdom. (see: Romans 8:28, Genesis 50:20)
    Non-Believers fall for anything, usually flat on their face when making decisions. They simply don’t have the backbone or ‘ankle strength’ needed to accomplish what could, and should be, their God-given agenda.

    Non-Believers consistently avoid anything that could harm their income or current lifestyle. So, if they see that I, for instance, am under attack while standing for Christ, they’ll not choose to support me, nor will they support anyone else in a similar situation. No, they’ll tuck tail and run in order to avoid any potential confrontation or conflict. Their guiding mechanism is to protect the mammon (worldly possessions and money) to which they dearly cling and on which they depend. They prefer to placate and empathize with the enemy rather than stand strong against the enemy.

    The fact is, Jesus Christ, came to divide. He said so Himself in Luke 12:51, “Do you think I have come to bring peace on earth? No, I tell you, but division.” Have I seen this in a very real and personal way?!? Yes, I certainly have. And if you choose to follow Him as a True Believer and a Warrior, then don’t expect everyone to treat you the affable way to which you’ve grown accustomed. Pleasing the world is easy. It’s a free ticket into any environment. But that automatic glide you’ve been on in “please the world mode” is really nothing more than a free-fall. You’re going to face and join Jesus now or you’ll be forced to make the “side” decision at impact or some point soon. The latter is not what Christ wants for you. He says the right timing for you to choose to enter the “narrow door” is now, and that door will soon be shut. (see: Luke 13:22-30)

    So, which side do you choose to be on? You’ve got to take a stand against the lies and deceptions of the world and determine what “truth” really is for your life. My truth is Jesus Christ, the very best and only viable choice – the only side on which to stand. If you choose your own thinking as truth, you’ve missed the mark. You’ll be on the wrong side.
    If you listen to and fall for the Heather Dobrott’s, cynical, satanic attacks, you will have missed truth completely. But when you start reading God’s Word, and get on your knees humbly seeking His voice, you’ll begin to hear the very voice of God and come to know Jesus Christ personally. His voice is soft, often barely a whisper. The world’s voice is loud and brash. Yet, He is the only “Truth, Way, and Life” (see John 14:6), and you’ve got to choose which of the two voices you’re going to follow. This is a very clear distinction of no small consequence. The choice is indeed a dividing line for life and death.

    Once you’ve firmly chosen the side of Truth – Jesus Christ, you’ll start recognizing other men and women of God who have taken a stand along with you. My message will ring true with you because you’ll recognize truth when it is spoken. That is in no way to elevate or glorify me at all. It is rather to God’s glory that you turn off the voices of deception and listen to people like myself, though imperfect, who lead their lives guided by His truth. You will support them and they will support you in the struggle.

    I have prayed for Heather for two years now. I believe that even a person with her past has a good side and that she will soon show that side. I believe she will be convicted of the folly of her words and ways, become a True Believer, and repent of the scoffer and mocker mentality and personality she’s exhibited for so long. Her life is in God’s hands, not mine. We know that Truth - Jesus Christ, wins in the end. In the meantime, we are fully aware that Warriors and True Believers will face persecution – that is a given, and it’s OK. That’s the life of a Warrior for Christ, and we are very clear as to which side we’ve chosen.

    If you are facing persecution because of your stance for Christ, then I know whose side you are on. Praise God for you and your choice. If you’re not facing persecution because of your stance regarding Christ, then that’s a very good indication you are not a threat to the world because you are really no different than those who have chosen the world’s side.
    In our life, we have to choose sides. Which one is it for you?

    If you would like to commit your life to Jesus Christ, you can do so, and thereby experience the most important gift ever offered to mankind! You don’t have to be perfect – I’m certainly not and I know you aren’t either. In fact, we all sin and fall far short of perfection. Won’t you make the greatest decision you can ever make? I pray that you will do so today.
    To accept Jesus Christ as your Lord and Savior, click this link:

    Tim Darnell is a Christian business owner, professional recording artist, and most importantly, husband to Cathy and father to Lindy, Hannah, and Caleb.
    That is some marketing technique! Jack Weinzierl preceded this sickening attack up with this:
    From: jack@advantageconferences.com
    To: soapboxmom@hotmail.com
    Subject: Heather, you leave us no option
    Date: Mon, 29 Oct 2007 18:08:49 -0500

    Message
    Heather, you leave us no option. I trust that you are prepared to face the consequences for your continued actionable statements and actions.



    In Service,

    Jack

    From: jack@advantageconferences.com
    To: soapboxmom@hotmail.com
    Subject: Heather, our church leadership
    Date: Tue, 30 Oct 2007 15:59:54 -0500

    Message
    Heather, I want to thank you for sharing your hate-filled and incorrect email with our church leadership. A request just got posted for collective prayer for you. Forgiveness is a wonderful thing whether it is asked for or not, and so is accountability for your actions. You will be held accountable.



    In Service,

    Jack



    Jack Weinzierl sent e-mails and made posts on Scam threatening to sue me declaring there will be accountability. Tim Darnell filed the frivolous suit in Dallas District Court and Judge Carl Ginsberg laughed him out of the courtroom with a take nothing Summary Judgment.

    2009-03-17-Order Granting Dobrott Summary Judgment.pdf

    2008-02-24-Dobrott's Motion for Summary Judgment.pdf

    2009-04-08-Dobrott Motion for Sanctions.pdf

    After months of legal wrangling, Jack Weinzierl and Tim Darnell were not able to provide a single false statement made by me. There isn't one, but those desperate scammers would do anything to silence their critics. They resorted to fabricating that they were being stalked and receiving death threats, filing frivolous suits, making veiled and not so veiled threats. Jack and Tim were selling spots in their adjudicated pyramid scheme for $10,000.00 a pop to the destitute, desperate, elderly and devoutly religious knowing that 98% would lose money they couldn't afford to lose. Many were out thousands and thousands of dollars they could not afford to lose, but scammer Jack Weinzierl just kept raking in those $7,000.00 checks while his victims were ruined financially.

    The losing, frivolous suit against the BBB says it all. Advantage Conferences was a pyramid scheme and Jack Weinzierl was the scammer-in-chief who made atypical and very misleading earnings claims.
    Attachment 241

    Millionaire Mindsetters - Page 1 - News - Houston - Houston Press

    Soapboxmom

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Let's take a look at what Jack Weinzierl was sending out to thousands of candidates in his autoresponder. This kind of marketing practiced by Jack Weinzierl is totally sleazy and unethical.

    The following documents are exhibits from the District Court case in Collin County. Tim Darnell and Jack Weinzierl used these misrepresentations to defraud hundreds of people. It was Darnell's fifth conference scam. Advantage Conferences and it predecessor imploded into bankruptcy. 98% of the reps lost money. Many of those were out thousands of dollars. Folks lost their life savings, went hungry, drowned in credit card debt, spent retirement funds, took out loans and / or faced foreclosure. Not one millionaire was created.

    AC sued the Dallas Better Business Bureau and lost. This adjudicated pyramid scheme and its scammers-in-chief kept the doors open long after knowing almost everyone involved was being harmed financially. Jack Weinzierl was mentored straight into chapter 7 bankruptcy.

    Attachment 204

    Soapboxmom

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Brian Ongaro's press release states:
    In 2002 he was tapped as the executive vice president for CBS Radio, overseeing their large markets radio stations in the western region.
    Arizona Free Press

    Nine Indicted in Multi-Million Dollar Business Opportunity Scheme

    Wed, Mar 21st, 2007

    PHOENIX -- A federal grand jury in Phoenix returned a 33 count indictment against David Goldfarb, 58, of Scottsdale, Arizona; Richard Ross, 67, of Scottsdale, Arizona; Paul Woodcock, 60, of Scottsdale, Arizona; Milton Guenther, 51, of Phoenix, Arizona; James Bonebrake, 59, of Cave Creek, Arizona; Raymond Marshall, 57, of Frisco, Texas; Brian Ongaro, 48, of Frisco, Texas; Mike Ibler, 54, of Sweethome, Oregon; Colin McHale, 40 of Scottsdale, Arizona, for a violation of Mail Fraud, Conspiracy and Money Laundering.

    FBI Special Agent in Charge John Lewis stated, “The defendants’ scheme to defraud was ongoing and took in 40 million dollars. They solicited new licensees through ads, the internet, seminars, statements, and use of paid referrals, knowingly and intentionally misrepresenting the quality of their company, CLS's services, by understating the costs and risks associated with establishing a CORF, including patient activity, potential income and profit.”

    The indictment alleges that from May 2001 through June 2003, David Goldfarb, Richard Ross, Paul Woodcock and Milton Guenther operating as CORF Licensing Services (CLS) contracted with over 300 licensees to establish outpatient facilities mainly providing pulmonary respiratory therapy and physical therapy services. These individuals marketed the concept through ads, website and seminars wherein the financial benefits of owning and operating a facility of this kind were grossly misrepresented.

    Prospective licensees paid anywhere from $100,000 to $165,000 to enter a contract with CLS for various services associated with getting these facilities up and running.

    The indictment further alleges that as part of the scheme to defraud, the prospective licensees were referred by the principals of CLS to James Bonebrake, Raymond Marshall, Brian Ongaro, Colin McHale and Mike Nibler, CORF owners. It was part of the scheme that these referrals were paid by Goldfarb, Ross, Woodcock and Guenther through CLS to falsely tout the virtue of owning and operating a CORF and in effect confirmed the mispresentations made by them to lure customers. None of the licensees were told that the referrals were being paid by CLS.

    From the inception of CLS in 2000 through June 2003, CLS received approximately $40 million. From this amount, Goldfarb received approximately $3.5 million, Ross received approximately $2 million, Woodcock, $4 million. Bonebrake was paid approximately $500,000, McHale received $300,000, Marshall and Ongaro approximately $750,000, Nibler received $600,000 to act as pitchmen for CLS.

    A conviction for Mail Fraud carries a maximum penalty of 20 years, a $250,000 fine or both; Conspiracy carries a maximum penalty of 5 years and a $250,000 fine or both; and a conviction for Money Laundering carries a maximum 20 years and a $500,000 fine or both to each count. In determining an actual sentence, the Judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence.

    An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt.

    The investigation preceding the indictment was conducted by the Special Agents of Criminal Investigation Internal Revenue Service, U.S. Postal Inspector and the FBI. The prosecution is being handled by Stephen W. Laramore, Assistant U.S. Attorney, District of Arizona, Phoenix.
    return-->

    White-Collar Criminals Sentenced in Medical Facility Scam; Local Men Made Millions in Con Job - Phoenix News - Valley Fever
    News

    White-Collar Criminals Sentenced in Medical Facility Scam; Local Men Made Millions in Con Job

    By Ray Stern Tue., Apr. 28 2009 at 11:04 AM
    Comments (1)
    Categories: News
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    A Glendale man will serve more than four years in a federal prison for his role scamming investors in Valley medical facilities, while one of his associates from Surprise will serve a year and a half. The scheme also involved several other men, two of whom are scheduled to be sentenced on May 4, as well as a former CBS Radio executive from Texas.

    The men are:

    *Paul Woodcock of Glendale
    *Milton Guenther of Surprise
    *David Goodfarb of Paradise Valley
    *Richard Ross of Scottsdale
    *Colin McHale of Scottsdale
    *James Bonebrake of Cave Creek
    *Brian Ongaro of Frisco, Texas
    *Raymond Marshall of Frisco
    *Mike Ibler of Sweethome, Oregon




    In a con worthy of a movie, except for the lack of a surprise ending, the group opened several respiratory and physical therapy centers in the Valley, selling investors on the idea that the business -- CORF Licensing Services -- was growing like crazy. The scheme's main players would hire smooth-talkers like Ongaro, the former radio exec, to exaggerate the franchise's potential to the investors. Ongaro reportedly took in a cool $750,000 for his troubles.

    All told, the con-men brought in $40 million from about 300 investors, says the U.S. Attorney's Office in Arizona. A tip from someone on the inside brought the operation down.



    Anonymous 2 years ago

    I was one of the people scammed in 1999. I lost over $300,000. Which was all of the money I had in retirement and the equity in my home.We have still not recovered. I don't think a 41 month sentence is enough punishment.

    We will see what Richard Ross gets. He was the real inventor of this scam

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    BRIAN DAVID ONGARO Born MAY 1958 More Info on BRIAN DAVID ONGARO Check for Email Address Google
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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    2:07-cr-00260-DGC-7 USA v. Goldfarb et al
    Date filed: 03/07/2007
    Date of last filing: 10/27/2011

    History

    Brian Ongaro Criminal.pdf

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Brian Ongaro Criminal Indictment:

    Brian Ongaro Indictment.pdf

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Brian Ongaro Plea Agreement:

    Brian Ongaro Plea Agreement.pdf

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Brian David Ongaro Criminal Judgment (felony):

    Brian David Ongaro Criminal Judgment.pdf

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    That dealership sure knows to to pick 'em. Weinzierl should have been nailed for promoting a pyramid scheme and much more in my opinion (the BBB case spells it out beautifully), but sadly law enforcement is so terribly understaffed and underfunded most of these guys slip through the cracks. Weinzierl is now working hand and hand at Boardwalk Auto Group with a true brother-in-scamming. Both lied, deceived and misrepresented to line their own pockets with hundreds of thousands of dollars terribly harming their trusting and honest victims. There is a special place in hell for scammers like these.

    Unbelievable that the owner and upper management would ever hire people with their backgrounds, much less put them in management positions. Sure, they are slick salesman, because they are experienced liars and scammers. That is what enabled them to rip of so many good honest people and continue to do so until the law caught up with them or the scheme imploded.

    Soapboxmom

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    About Scott K. Ginsburg
    Scott K Ginsburg
    Through successful business ventures and philanthropic endeavors, Scott K. Ginsburg has significantly contributed to Dallas over the course of his career. His business accolades include founding the largest radio broadcasting company and owning the largest Porsche facility in the nation.

    Presently, Scott K. Ginsburg is the Chairman of the Board and CEO of DG FastChannel, (NASDAQ: DGIT) the leading provider of digital media distribution services to the advertising and broadcast industries. Scott Ginsburg has helped to mold DG FastChannel into a prominent leader in its industry. Under his leadership the company has experienced astronomical growth. DG FastChannel ranked fifth on the 2009 Fortune Small Business list of the nation’s 100 fastest-growing small public companies.

    Scott K. Ginsburg’s entrepreneurial ventures have helped to shape Dallas’ business landscape. In 1997, he co-founded the nation’s largest radio broadcasting company, Chancellor Media Corporation (NYSE:AFM), with Tom Hicks of Hicks, Muse, Tate and Furst. Scott Ginsburg served as Chancellor’s Chief Executive Officer and a Director.

    Scott Ginsburg began building Boardwalk Auto Group in 1998 when he brought Porsche to Plano, Texas. He has since added Audi, Volkswagen, Ferrari, Maserati and Lamborghini to the Boardwalk family, making the renowned dealer group the most impressive luxury dealership in the world. Scott K. Ginsburg recently acquired a Ferrari/Maserati dealership in San Francisco, CA, his first outside of DFW.

    Under Scott Ginsburg’s direction, Boardwalk Auto Group has achieved extraordinary success in nationwide sales and has been recognized for its customer service and sales expertise. Most notably, Boardwalk Auto Group was named the fastest growing privately held company in Dallas-Fort Worth by Southern Methodist University’s Cox School of Business and the Dallas Business Journal.

    He is a former Chairman of the IPC, a worldwide organization of health professionals dedicated to the treatment and cure of psoriasis, and is a member of Georgetown Law School’s Board of Visitors. Scott K. Ginsburg also served as a U.S. Senate Staff Director for two Senate subcommittees in Washington D.C.

    Scott Ginsburg also dedicates time to the Dallas arts community. He has served on the boards of directors of the Dallas Symphony, the Dallas Arboretum, as well as the Greenhill and Shelton private schools.

    Scott K. Ginsburg earned his BA degree from George Washington University and his JD degree from Georgetown University Law Center.

    He is married to Gina Ginsburg and they have two sons. Scott K. Ginsburg also has two adult children.




    Where is Scott Ginsburg, the owner? Is he aware of Jack Weinzierl's background?

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Silly Website that Jack was the president of:

    Latest Videos (135)









    Christian Market Leaders OPEN On Principle Entrepreneur Network Badge

    Blog Posts


    The Traffic Plan: Social Media Training and Marketing Funnel

    Let’s face it, many of the traditional ways to market are simply too costly and no longer effective. I have invested the past several years to learn what I know about online marketing, but that is not easily transferable and surely not duplicable.

    It has been frustrating to me as I researched many systems only to find hype and empty promises. I was also frustrated as I know I cannot be all things to all people and we have team members in the US, Canada, Europe, the middle East, Japan, and Austr… Continue
    Posted by Jack Weinzierl on July 8, 2009 at 9:30am

    Double Portion

    Footsteps of Faith Messenger - Issue #246

    Double Portion


    Isaiah 63:1a

    Isaiah 60:17-22

    Isaiah 61

    Isaiah 61:7


    Tim Darnell


    “Who is this, robed in splendor, striding forward in the greatness of his strength? ‘It is I, speaking in righteousness, mighty to save.’” Isaiah 63: 1b

    Your God’s name is “Mighty to Save”. He is robed in splendor, striding forward in the greatness of his strength. He speaks in righteousness. He is your God and He is my God.

    Listen to the words of Isaiah – no… Continue
    Posted by Tim Darnell on March 12, 2009 at 4:47pm

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC




    Jack Weinzierl, MBA

    Online Marketing Executive
    Dallas/Fort Worth Area Marketing and Advertising
    Past
    • President at The Market Leaders
    • President at SoulMate
    • President at AED@Home


    • Marketing and E-Commerce Consultant at Nextera
    • Vice President at School Health Corporation

    see less

    Education
    • Golden Gate University
    • Northwood University

    Recommendations 7 people have recommended Jack
    Connections 500+ connections
    Websites


    Jack Weinzierl, MBA's Summary


    Jack Weinzierl is a results-driven online marketing executive based in Dallas, Texas. With over 23 years of successful marketing leadership, Jack Weinzierl is recognized for his SEO, SEM and Social Media expertise.


    Jack Weinzierl, MBA's Experience


    President

    The Market Leaders



    February 2005 – December 2009 (4 years 11 months)
    Brand development, web site traffic growth, web site UI and advertising revenue. Developed brand strategy and complete SEO, social media strategy driving lead generation. Strategic Consulting, including business plan & sales strategy development.


    President

    SoulMate



    2004 – 2005 (1 year)
    Brand development, web site traffic growth, web site UI and integration of our service and networking model for thousands of business partners.


    President

    AED@Home



    2002 – 2004 (2 years)
    Responsible for developing the complete business plan and go to market strategy for this new enterprise. I was responsible for raising capital, forging exclusive distribution agreements, establishing a call center, all marketing initiatives, P&L responsibility, as well as selection and full integration with our Oracle system.


    Marketing and E-Commerce Consultant

    Nextera


    Public Company; 501-1000 employees; NXRA; Management Consulting industry
    2001 – 2002 (1 year)
    Authored the company's 2001 corporate marketing plan, defined corporate vision and charted courses of action. Outlined objectives, strategy, mission, value proposition, SWOT analysis, target market, competition, research, financials and forecasts.

    Served as project manager for the 2000 shareholders report. Conducted interviews with executive team and brought project in on schedule and under budget by 20%. Publication was hailed as an outstanding success and was leveraged in recruitment and business development initiatives.


    Vice President

    School Health Corporation



    1989 – 2001 (12 years)
    Record of rapid promotion with this $25 million privately-held distributor of medical supplies (via catalog and E-Commerce) to the K-12, collegiate and professional athletic marketplace. Provided strategic, tactical and creative leadership across the marketing discipline to accelerate the business development pipeline. Responsibilities included website development, traditional/electronic marketing/promotions, strategic business partnering, and cross-functional team leadership.

    Developed high-profile marketing campaigns, integrating electronic media with traditional marketing tactics (catalogs, website, database marketing, direct mail, brochures, print advertisements).





    TheMarketLeaders was a freakin' social website with a laughable 8oo members. It was full of destitute and desperate MLM scammers that were associated with Jack or his victims from Advantage Conferences and / or his other numerous MLM scams. That site was started around February 2007 and was closed by Jack in 2009 as it was dead as a doornail and his string of MLM failures had sent him into chapter 7 bankruptcy in a desperate attempt to escape litigation and his angry victims. Notice scammer Tim Darnell, the founder and president of Advantage Conferences and loved dearly by Jack, is all over those pages. President of a social site with practically no traffic as one can see from the views of those Advantage Conferences videos Jack had plastered all over that dump? What a business accomplishment!

    Soapboxmom

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    Here is a press release about Boardwalk's owner Scott K. Ginsburg. That snake Weinzierl may just fit right in!
    Securities and Exchange Commission

    Litigation Release No. 18632 / March 23, 2004

    Securities and Exchange Commission v. Scott K. Ginsburg, No. 03-10848 (11th Cir. March 19, 2004)

    Court of Appeals Reinstates Jury Verdict Against Scott K. Ginsburg, Former CEO of Evergreen Media Corporation, for Insider Trading, Reinstates $1 Million Civil Penalty and Orders Permanent Injunction

    On March 19, 2004, the United States Court of Appeals for the Eleventh Circuit reinstated a jury verdict against Dallas businessman Scott K. Ginsburg for insider trading in violation of the federal securities laws. The Court of Appeals also reinstated a $1 million civil penalty and ordered the district court to impose a permanent injunction from future violations.

    Ginsburg was originally found liable on April 16, 2002, when a federal jury in West Palm Beach, Florida found that he had engaged in illegal insider trading based on his tips to, and resulting trading by, his brother, Mark J. Ginsburg, and father, Jordan E. Ginsburg, in the common stock of EZ Communications, Inc., and Katz Media Group, Inc. The jury found that, in July 1996, Scott Ginsburg, then the chairman and chief executive officer of Evergreen Media Corporation, a publicly-held radio company, tipped Mark Ginsburg and Jordan Ginsburg with information that EZ was for sale and that Mark Ginsburg and Jordan Ginsburg purchased EZ stock prior to the announcement that EZ would be sold to another radio company. The jury also found that, less than a year later, in June 1997, Scott Ginsburg tipped Mark Ginsburg with information about the sale of Katz Media at a time when substantial steps had been taken by Evergreen and another entity towards a joint tender offer for the shares of Katz Media. The day after the tip, Mark Ginsburg purchased Katz Media stock. The SEC alleged that Mark and Jordan Ginsburg realized illegal profits of $1.8 million from their trading based on tips from Scott Ginsburg.

    After a seven-day trial, a jury found that Scott Ginsburg violated Sections 10(b) and 14(e) of the Securities Exchange Act of 1934 and Exchange Act Rules 10b-5 and 14e-3, which are antifraud provisions of the federal securities laws. The district court imposed a $1 million civil penalty, but declined to impose an injunction. In December 2002, on Ginsburg's motion, the district court threw out the jury verdict and the penalty, stating that the SEC had not presented sufficient evidence to support the verdict. The SEC appealed that decision as well as the district court's denial of injunctive relief.

    In reversing the district court, the Eleventh Circuit Court of Appeals held that the SEC had presented sufficient evidence at trial to support the jury's verdict against Scott Ginsburg and that the district court had abused its discretion in denying the permanent injunction sought by the SEC. The court of appeals also reinstated the $1 million civil penalty that the district court initially had ordered against Ginsburg.

    Prior to the trial of Scott Ginsburg in this case, on March 30, 2002, Mark Ginsburg and Jordan Ginsburg had settled the SEC's insider trading charges against them, without admitting or denying the SEC's allegations, by consenting to the entry of final judgments that included permanent injunctions, disgorgement, prejudgment interest and civil money penalties totaling over $4.7 million.

    The SEC acknowledges the assistance provided by The American Stock Exchange in certain parts of the investigation of this matter.
    For further information, please see Litigation Releases Nos. 17917 (January 7, 2003), 17482 (April 23, 2002), 17455 (April 4, 2002), and 16275 (September 9, 1999).

    Enio A. Montini, Jr. and Joseph A. Hofmeister: Lit. Rel. No. 18000 / February 26, 2003

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    My family went out to eat at a nice restaurant in Dallas and had our credit card number stolen. Some thief charged $1,800.00 worth of mesquite rodeo tickets. We found out almost immediately because any charge over a certain amount triggers an e-mail alert. But, just imagine what could happen to someone at a dealership with employees that have not been screened. They have your drivers license number the minute you take a test drive, then have access to your credit report. Jack Weinzierl and Tim Darnell used to troll at their churches for wealthy marks. Think what someone could do at a dealership with the kind of information they have easy access to. They will know just who to target and if that information gets in the wrong hands a customer could get really burned in any number of ways. With Weinzierl onboard at Boardwalk I sure wouldn't get near the place.

    Weinzierl bought a 1.23 million dollar mansion in Texas he could not afford in June 2007. He had $272,000.00 in unsecured debt in August 2008 in a chapter 7 bankrupcty he filed and quickly begged for dismissal from when the Department of Justice filed for special counsel and started demanding documentation. He left the bank holding the bag for over $500,000.00 when they had to foreclose on his house which he made payments for barely more than a year and then occupied for free for another year while the bank worked to get it foreclosed. I would be very worried about how desperate for money someone who spends so carelessly might be. The millionaire lifestyle is very hard to give up! Jack was tooling around in Mercedes, BMWs and Hummers on his ill-gotten gains. He and the whole clan dressed to the nines! I sure don't want to see any more victims funding his extravagant lifestyle!

    Soapboxmom

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

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    U.S. SEC v. Scott K. Ginsburg, 03-10848 (11th Cir. 2004)

    Court of Appeals for the Eleventh Circuit

    Date Filed: Friday, March 19th, 2004
    Status: Published/Precedential

    Fingerprint: 46a0eeda45a5aefa75633ad4b652a1c2bf5fe2bc


    [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUITU.S. COURT OF APPEALS ________________________ ELEVENTH CIRCUIT March 19, 2004 No. 03-10848 THOMAS K. KAHN CLERK ________________________ D. C. Docket No. 99-08694-CV-KLR UNITED STATES SECURITIES AND EXCHANGE COM MISSION, Plaintiff-Appellant, versus SCOTT K. GINSBURG, Defendant-Appellee. ________________________ Appeal from the United States District Court for the Southern District of Florida _________________________ (March 19, 2004) Before EDMONDSON, Chief Judge, CARNES and DUHE *, Circuit Judges. CARNES, Circuit Judge: * Honorable John M. Duhe, Jr., United States Circuit Judge for the Fifth Circuit, sitting by designation. The SEC brought a civil action against Scott Ginsburg alleging violations of § 10(b) and § 14(e) of the Securities and Exchange Act, 15 U.S.C. §§ 78j(b), 78n(e), and accompanying Rules 10b-5 and 14e-3, 17 C.F.R. §§ 240.10b-5, 240.14e-3. The allegations were that Ginsburg had communicated material nonpublic information to his brother Mark Ginsburg and to his father Jordan Ginsburg regarding EZ Communications, Inc., and Katz Media Group, and that Mark and Jordan had traded on EZ stock using that information.1 The case was tried to a jury which found that Ginsburg had violated the insider trading provisions. The district court initially ordered him to pay $1,000,000 in penalties but denied the SEC’s request to enjoin him from violating securities laws in the future. Later the district court granted Ginsburg’s renewed motion for judgment as a matter of law and vacated the judgment against him, because it concluded that the evidence was insufficient to permit a reasonable jury to find that he had tipped off his brother or father about inside information. The SEC appeals from that judgment as a matter of law, and also contends that if we reverse it, we should direct the district court to enjoin Ginsburg from violating securities laws in the future. In addition to defending the district court’s 1 Throughout this opinion, we will refer to Scott Ginsburg as “Ginsburg” and will refer to his father and brother by their first names. We do so not out of disrespect or to imply familiarity, but for ease of reference and to avoid confusion. 2 judgment on the specific insufficiency of evidence ground given for it, Ginsburg offers two other grounds for affirming it. First, he contends that even if the evidence is sufficient to show he communicated insider information to Mark or Jordan, it is insufficient to show the information’s materiality. Second, he contends the evidence is insufficient to show substantial steps were taken toward a tender offer of Katz, and Ginsburg’s knowledge of the tender offer. Finding merit in the SEC’s position and none in Ginsburg’s, we conclude that the judgment is due to be reversed, the civil penalty reinstated, and an injunction entered against future violations of the securities laws by Ginsburg.

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    I. FACTS The nature of a judgment as a matter of law and our review of it is such that we take the evidence at trial in the light most favorable to the party who won before the jury only to have its victory taken away by the court. Russell v. North Broward Hosp., 346 F.3d 1335, 1343 (11th Cir. 2003). We draw from the evidence all reasonable inferences in support of the verdict, because the jury could have done so. United States v. Gregory, 730 F.2d 692, 700 (11th Cir. 1984). A. EZ TRANSACTIONS AND CALLS Ginsburg was chairman and CEO of Evergreen Media Corporation, which owned and operated a number of radio stations. In 1996 Evergreen became 3 interested in acquiring EZ, a corporation that owned radio stations. Ginsburg met with EZ’s CEO Alan Box on Friday, July 12, 1996, and Box told him EZ was considering several “strategic alternatives.” Before the meeting no decision had been made to sell the company. On Sunday evening, July 14, Ginsburg called Mark at 10:02 p.m., and they spoke for 26 minutes. The next day, M onday, July 15, M ark bought 3800 shares of EZ stock. Mark spoke with Jordan in person and on the telephone over the next few days, and they admit they discussed the purchase of EZ stock. On July 15, EZ’s investment banker called Ginsburg and they discussed the possibility of Evergreen submitting a bid on EZ. Ginsburg asked to be sent a confidentiality agreement that he could sign in order to receive financial information about EZ. He received the confidentiality agreement on July 16. That same day Jordan purchased 20,000 shares of EZ. After signing the confidentiality agreement, Ginsburg received the financial information about EZ on July 17. On July 18, a four minute telephone call was placed from Ginsburg’s office to Mark’s home. On July 24, EZ’s investment banker faxed a letter to Ginsburg stating that EZ bids were due by July 26. At 7:40 a.m. July 25, a call was placed from Ginsburg’s cell phone to his parents’ home. Later that day Mark purchased 3200 4 shares of EZ stock for Mark and his wife’s joint account. On July 26, Mark purchased 4300 shares of EZ stock for the same joint account and 7500 shares for a trust account for his son. Also on July 26, Ginsburg, on Evergreen’s behalf, submitted a written offer to acquire EZ for cash and stock. On Sunday, July 28, a ten minute call was placed from Ginsburg’s home to Mark’s home. On Monday, July 29, Jordan bought 5000 shares of EZ stock, and an hour later Mark bought 30,000 shares. Evergreen’s bid for EZ ultimately fell through, but on August 5, 1996, EZ announced its merger with another radio company, at which time the price of EZ stock rose 30%. Between July 15 and July 29, Mark had bought 48,800 shares of EZ and Jordan had bought 25,000 shares, which increased in value $664,024 and $412,875 respectively by August 5, 1996.

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    B. KATZ TRANSACTIONS AND CALLS In early 1997, Ginsburg’s company, Evergreen, was in the process of merging with Chancellor Broadcasting. On March 20, 1997, Ginsburg attended a meeting with senior executives of Katz Media Group and Hicks, M use, Tate, & Furst, an investment firm that owned a majority interest in Chancellor Broadcasting, at which a possible acquisition of Katz by Chancellor was discussed. Tom Hicks, Chairman and CEO of Hicks, Muse, appointed a due diligence team 5 headed by Ginsburg. A confidentiality agreement was executed April 7, 1997, and due diligence began. On June 16, 1997, Stuart Olds, a Katz executive, met with Ginsburg. Olds encouraged Ginsburg to call Katz chairman Tom Dean to discuss the purchase of Katz. Olds also told Ginsburg that Katz was having discussions with other companies and Ginsburg would have to act quickly. That same evening, June 16, a call was placed from a cell phone registered to Ginsburg to a phone registered to Mark. The next day, June 17, Mark bought 150,000 shares of Katz. On July 14, Evergreen/Chancellor announced it would acquire Katz through a tender offer for Katz stock at $11 a share. On July 16 or 17, 1997, Mark sold 132,500 shares of Katz and tendered the rest, resulting in a total profit of $729,000. II. STANDARD OF REVIEW We review a decision to grant a motion for judgment as a matter of law de novo, applying the same standards used by the district court. SEC v. Adler, 137 F.3d 1325, 1340 (11th Cir. 1998). A judgment as a matter of law is warranted only “[i]f during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.” Fed. R. Civ. P. 50(a)(1). That means, as we have already said, that we review the evidence, and the inferences arising therefrom, in the light most 6 favorable to the non-moving party. We “may not weigh the evidence or decide the credibility of witnesses.” Adler, 137 F.3d at 1340. However, the nonmoving party “must provide more than a mere scintilla of evidence to survive a motion for judgment as a matter of law.” Isenbergh v. Knight-Ridder Newspaper Sales, Inc., 97 F.3d 436, 439 (11th Cir. 1996). We review denial of equitable relief for abuse of discretion. Preferred Sites, LLC v. Troup County, 296 F.3d 1210, 1220 (11th Cir. 2002). Any factual findings made by the district court with regard to its denial of an injunction are reviewed for clear error. Id.

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    III. DISCUSSION A. JUDGMENT AS A MATTER OF LAW 1. Sufficiency of Evidence that Ginsburg Tipped Mark or Jordan In order to establish liability under § 10(b) and § 14(e) of the Securities and Exchange Act and accompanying Rules 10b-5 and 14e-3, the SEC must prove that Ginsburg acted with scienter, “a mental state embracing intent to deceive, manipulate, or defraud.” SEC v. Adler, 137 F.3d 1325, 1340 (11th Cir. 1998) (quoting Aaron v. SEC, 446 U.S. 680, 695-96, 100 S. Ct. 1945, 1955 (1980)). Scienter requires that the insider (or tippee, if the trader is not the insider) possess material nonpublic information at the time of the trade. Id. at 1340. In addition, it 7 requires that the material nonpublic information be used in a trade. Id. Proof of knowledge of such information at the time of a trade “gives rise to a strong inference of use.” Id. The SEC must prove violations of § 10(b) and § 14(e), and their supplementary Rules, by a preponderance of the evidence, and may use direct or circumstantial evidence to do so. Herman & MacLean v. Huddleston, 459 U.S. 375, 390 & n.30, 103 S. Ct. 683, 691-92 & n.30 (1983). “Circumstantial evidence has no less weight than direct evidence as long as it reasonably establishes that fact rather than anything else.” Burrell v. Bd. of Trustees of Ga. Military College, 970 F.2d 785, 788 (11th Cir. 1992). The parties disagree about which body of precedent controls the sufficiency of the evidence issue upon which the district court granted judgment as a matter of law. The sufficiency issue in general involves the circumstances in which it will be inferred from A’s act following a conversation with B, who knew a given fact, that A had been informed of that fact when he acted. As it arises in insider trading cases, the more specific issue is when it may be inferred from a trade in stock by A, following a conversation with insider B, that B disclosed inside information to A who acted upon it. The SEC argues, logically, that the sufficiency of the evidence and the permissibility of inferences that may be drawn from the evidence in this 8 insider trading case are governed by our insider trading decisions, especially SEC v. Adler, 137 F.3d 1325 (11th Cir. 1998), which is the closest of those cases to the facts we have here. Ginsburg argues, and the district court concluded, that four employment retaliation decisions, which he views as inconsistent with Adler on the issue of what may be inferred from conversations of an actor with one in the know, control instead. See Burrell, 970 F.2d 785 (11th Cir. 1992); Clover v. Total Sys. Servs., Inc., 176 F.3d 1346 (11th Cir. 1999); Brungart v. Bellsouth Telecomm., Inc., 231 F.3d 791 (11th Cir. 2000); Brochu v. City of Riviera Beach, 304 F.3d 1144 (11th Cir. 2002). The last three of those employment decisions cannot possibly trump Adler to the extent of any inconsistency. Where prior panel decisions conflict, we follow the first one released, Cohen v. Office Depot, Inc., 204 F.3d 1069, 1072 (11th Cir. 2000) (“where two prior panel decisions conflict we are bound to follow the oldest one”); United States v. Dailey, 24 F.3d 1323, 1327 (11th Cir. 1994) (where there is an intra-circuit conflict, “the earliest panel opinion resolving the issue in question binds this circuit until the court resolves the issue en banc”), and Adler came out before any of those three decisions. However, Burrell, one of the four employment decisions that Ginsburg cites, and upon which the district court relied to award him judgment as a matter of law, 9 preceded Adler. If an evaluation of the sufficiency of the evidence should not take into account the specific factual context from which that evidence arose, then we would be bound to follow Burrell and disregard Adler to the extent of any inconsistency. But it should, so we are not. This is what we are talking about. Decision maker A comes into contact with information possessor B and soon thereafter engages in conduct C. When will that factual scenario support an inference that, despite their denials, A was told the information by B and on that basis A did C? More to the point, does an earlier decision of this Court concluding that scenario would not support an inference the information was communicated and acted upon in an employment retaliation case, compel us to conclude that the same scenario would not support an inference of communicated information and action based upon it in insider trading cases? We think the earlier employment retaliation decision in Burrell does not control this case, because insider trading cases are different from employment retaliation cases. The context in which the facts arise and the strength of the competing inferences can differ. As a result, evidence that may appear to be materially identical for purposes of determining whether a decision maker knew a particular fact can actually have different probative force in an insider trading case than in an employment retaliation case.

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    re: Boardwalk Auto Group now Autonation Hires Scammer Jack Weinzierl and Felon Brian David Ongaro Scott K. Ginsburg SEC

    10 There are many sound, non-retaliatory business reasons to take some job action that is challenged as retaliatory. That multitude of potential reasons dilutes the strength of any inference that because a decision maker took an action against an employee he must have been told of a fact which could have led him to take the action for a prohibited reason. By contrast, people do not make large stock trades for as many reasons as businesses take job actions. Although there are exceptions, people generally buy when they believe the price of a stock is going up and sell when they believe it is going down (either absolutely or relative to the expected performance of other stock). The factfinder in an insider trading case need only infer the most likely source of that belief. The temporal proximity of a phone conversation between the trader and one with insider knowledge provides a reasonable basis for inferring that the basis of the trader’s belief was the inside information. The larger and more profitable the trades, and the closer in time the trader’s exposure to the insider, the stronger the inference that the trader was acting on the basis of inside information. The magnitude of the incentive to trade on insider information is illustrated by the trades that were made in this case. In less than a month Jordan made $412,875 by trading EZ stock in the direction someone with knowledge of the insider information his son possessed would have, and Mark made a total of $1,393,022 11 by trading EZ and Katz stock as someone privy to the insider information of his brother would have. It is not at all clear that the same considerations apply with equal force in job discrimination cases. The inference that a job action was based on a retaliatory motive which arose from imparted information may well be weaker than the comparable inferences in insider trading cases for several reasons. For one thing, the incentive to tip and to act on tipped information is usually a great deal stronger than the incentive to impart and act upon information about an employee engaging in legally protected conduct. We expect that most people would rather make $412,875 or $1,393,022 in a short period trading stocks than they would like to see an employee be punished for something the employee had a legal right to do. Because it is far from clear that employment retaliation cases are interchangeable with insider trading cases, the district court should have looked to the more specifically applicable precedent instead of regarding it as wrongly decided in light of decisions that had nothing to do with insider trading. Cf. Rodriguez de Quijas v. Shearson/Am. Express, Inc., 490 U.S. 477, 484, 109 S.Ct. 1917, 1921-22 (1989) (“If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court the 12 prerogative of overruling its own decisions.”). It is insider trading decisions, instead of employment retaliation cases, to which we will look for guidance in deciding this case. In the Adler insider trading case, Richard Adler, an outside director of Comptronix Corporation, attended a November 15 board meeting at which he was asked to investigate the activities of two Comptronix executives for potential fraud. Adler, 137 F.3d at 1329. The next day, November 16, Adler’s friend and associate Harvey Pegram called Adler’s home at 7:53 a.m. The call lasted 72 seconds. At 7:55 a.m. Pegram called his wife at home. At 8:07 a.m. Pegram’s wife called their stockbroker and placed an order to sell 50,000 shares of Comptronix, and over an eight-day period beginning with that telephone call they sold a total of 150,000 shares. On the evening of November 16 at 8:02 p.m., Pegram called his business associate Philip Choy in Hong Kong. At 9:39 p.m. Choy faxed his stockbroker an order to sell 5000 shares of Comptronix. Another associate of Pegram, Domer Ishler, called Adler on November 15 and again on November 23. On November 24, Ishler purchased 300 put options on Comptronix stock. On November 25 Comptronix announced that certain officers had been suspended for overstating gross profits, and Comptronix common stock lost 72% of its value. Id. at 1329.

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