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1 Attachment(s)
Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
Not So Lucky
Does this groaner ever plan on footnoting his preachments? The SEC does not need to rewrite anything, the Supreme Court has already provided us with case law. The SEC's complaint most certainly does say the "service" was being sold as an investment.
The AdPacks Are Securities Being Sold in Unregistered Transactions
76. The purchase of AdPacks involves the investment of money , in the form of the $50 purchase price.
77. Investor funds are aggregated together in PayPal, at other payment processors, and at JPMorgan Chase. Investors can see their status by logging into their subaccounts. A
portion of investor funds also went to the Traffic Monsoon reserve fund, which was also maintained at PayPal. Payments are made out of the reserve fund to supplement profit
sharing payments back to investors.
78. Payment of the investors’ returns is almost entirely dependent on Scoville’s ability to sell AdPacks. The financial success or failure of the investors are inextricably tied to the efforts of Scoville and Traffic Monsoon.
79. Investors have no role in managing Traffic Monsoon and rely on Traffic Monsoon to operate the traffic exchange, collect revenue, supplement the revenue from its reserve fund,
and distribute it to members. Traffic Monsoon also sets up the banner ad rotator and tracks clicks by members seeking to qualify to share in profits.
https://www.sec.gov/litigation/compl.../comp23604.pdf
It's almost like they have done this before...
The "Howey Test" is a test created by the Supreme Court for determining whether certain transactions qualify as "investment contracts." If so, then under the Securities Act of 1933 and the Securities Exchange Act of 1934, those transactions are considered securities and therefore subject to certain disclosure and registration requirements.
It is an investment of money-SEC 76
There is an expectation of profits from the investment-SEC 77
The investment of money is in a common enterprise-SEC 77
Any profit comes from the efforts of a promoter or third party-SEC 78 & 79
What Is the Howey Test? - FindLaw
Substance Over Form
In deciding Howey, the Supreme Court created a test that looks at an investment's substance, rather than its form, as the determining factor for whether it is a security.
Attachment 15108
https://www.justice.gov/usao-dc/vict.../ad-surf-daily
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
There is an expectation of profits from the investment-SEC 77
Scoville and co think they have that aspect covered by saying "returns aren't guaranteed"
Whereas the SEC has only to apply the "substance over form" test and the Good ship, Traffic Monsoon is dead in the water
Can you imagine Charlie trying that defense on in court:
"Yeah well, returns aren't guaranteed, so the fact we gave them for over two years is irrelevant"
Didn't work for Andy Bowdoin and AdSurf Daily, so I have no clue why anyone would think it'll work for Scoville and Traffic Monsoon
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
ribshaw
In deciding Howey, the Supreme Court created a test that looks at an investment's substance, rather than its form, as the determining factor for whether it is a security.
as a scammer applies the Howey test:
Scammer: Howey doing
Marks: We're still getting paid
Scammer: See.......legal.
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3 Attachment(s)
Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
littleroundman
Scoville and co think they have that aspect covered by saying "returns aren't guaranteed"
Whereas the SEC has only to apply the "substance over form" test and the Good ship, Traffic Monsoon is dead in the water
Can you imagine Charlie trying that defense on in court:
"Yeah well, returns aren't guaranteed, so the fact we gave them for over two years is irrelevant"
Didn't work for Andy Bowdoin and AdSurf Daily, so I have no clue why anyone would think it'll work for Scoville and Traffic Monsoon
I have no idea what Chuko The Sharer is going on about. Scoville shared 3X the amount of money he had available to share and every pack sold only put him further in debt. (AKA Ponzi for the cheap seats)
That not withstanding:
A. If Scoville and the other pimps weren't deleting dissenting opinions there would be a much stronger case they actually believe what they're saying.
B. People all over the web being recruited in a similar fashion is extremely problematic. Unless of course Scoville shut down these accounts and refunded money since people misunderstood they were buying :RpS_wink:ds.
Attachment 15109
C. It's hard to juxtapose "people were just buying a service" with a "service" that returned 110% therefore didn't cost a thing. Scoville failed to deliver 90% of the ads people purchased, which makes one wonder why they continued to buy if not for the "profit" they thought they were clicking for. Unbeknownst to them "profit" existed only in some back office fantasy land. Further killing his own narrative with posts like this.
Attachment 15110
D. "In the US, a contract for illegal conduct is not enforceable. Such contracts are void, as if they never existed at all. Only a fool would sue to enforce an illegal contract, since that person would likely be admitting to illegal conduct or attempt at illegal conduct in his efforts to enforce it." https://www.quora.com/If-someone-wer...g-the-contract
Then again, when you lie through your teeth, all things are possible.
Quote:
Originally Posted by Scoville is lying
If Traffic Monsoon wins, everyone who has earned something can be paid what they have earned-- and the business can move forward.
Attachment 15111
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
ribshaw
Quote:
Originally Posted by Scoville is lying
If Traffic Monsoon wins, everyone who has earned something can be paid what they have earned-- and the business can move forward.
lol. he just can't make up his mind.
Q: so when it comes out of pending , will they be credited for the revenue that should have been shared with them during that intervening period?
Scamville: No, it would be impossible to do that.
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2 Attachment(s)
Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
Bestbud
Anyone dumb enough to put money in to this having seen the SEC files, deserves everything they'll get/lose.
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1 Attachment(s)
Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
To the extent TM + is truly being run by non US citizens and not soliciting funds from US investors Sharon would be correct, absent those items wrong as usual.
Attachment 15114
Under this interpretation, application of the registration provisions of the U.S. securities laws depends on whether Internet offers, solicitations or other communications are targeted to the United States.
This interpretation does not address the anti-fraud and anti-manipulation provisions of the securities laws, which will continue to reach all Internet activities that satisfy the relevant jurisdictional tests. Even in the absence of sales in the United States, we will take appropriate enforcement action whenever we believe that fraudulent or manipulative Internet activities have originated in the United States or placed U.S. investors at risk.
https://www.sec.gov/rules/interp/33-7516.htm
Thus far the SEC is the only government body that caught on to the TM scam or bothered to take appropriate action. Avoiding their watchful eye hardly seems a boon for investors.
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
So Sharon let me get this straight. TM+ is a legal entity, but yet the founders have to remain anonymous. As Ribshaw has said, it makes no difference WHERE the business is located, as long as US citizens participate, the US has jurisdiction. Your anonymous founders should know this. So now is TM+ going to copy MAP and not allow US citizens to participate? You know the wink-wink, nod-nod type of US citizens are not allowed to participate? Why can't you give a date on how long it will take for TM+ to pay? If TM+ is a copy of TM, that length of time is 45-55 days. So why won't TM+ be the same?
But if you think the people behind TM+ will remain anonymous, I have a bridge to sell you. A lot of crowing for nothing.
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
EagleOne
So Sharon let me get this straight. TM+ is a legal entity, but yet the founders have to remain anonymous. As Ribshaw has said, it makes no difference WHERE the business is located, as long as US citizens participate, the US has jurisdiction. Your anonymous founders should know this. So now is TM+ going to copy MAP and not allow US citizens to participate? You know the wink-wink, nod-nod type of US citizens are not allowed to participate? Why can't you give a date on how long it will take for TM+ to pay? If TM+ is a copy of TM, that length of time is 45-55 days. So why won't TM+ be the same?
But if you think the people behind TM+ will remain anonymous, I have a bridge to sell you. A lot of crowing for nothing.
Hey, here's a plan for these lame-brains! How about an item in the TOS excluding police officers, SEC officials, or any enforcement officials? That has worked so well in the past! NOT!
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
I checked out Charles' parents donate page to see if they showed the amount of donations they had received, but it didn't. But it did have this to say which I found very interesting, and I quote;
"How to donate
Welcome and thank you for coming to help! Every contribution helps!
THE NEED: The Scoville Legal Defense Fund has been created to allow people to contribute funds that will be used to pay legal fees for Charles David Scoville related to Securities and Exchange Commission v. Traffic Monsoon et al, Case # 2:16-cv-00832. Charles will not own or control these funds as they will be sent directly to his legal team from this fund. The SEC seized all of Charles’ business and personal funds, and therefore, has no funds for his defense without support.
HOW TO DONATE: Please wire your contributions to:
Scoville Legal Defense Fund
BBVA Compass Bank
11210 Huron St.
Northglenn, CO 80234
Routing number: 107005319
Account number: 6740871364
SWIFT code: CAPSUS44
THE ASSUMPTION WITH YOUR DONATION: Contributions less than $14,000 a year will be a classified as a gift. Contributions greater than or equal to $14,000 a year will be classified as an interest-free loan. It is unlikely Charles will be able to repay this loan, so it should be considered a bad debt for tax purposes.
Thank you!"
What interested me is the last sentence. Doesn't sound to convincing that Charles will win his case. For if he did, Charles would have all the money he needed to pay back the interest free loan of $14,000 or more. That line alone would make me stop and think before donating. Why would I want to donate to a cause that the parties involved do not believe they can win? I thought the SEC actions was a gross miscarriage of justice? Sure doesn't sound that way does it.
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Ya think everybody knows that even if he wins this case, there ain't enough money to pay back the loans and what is owed to invest...errr affiliates?
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
EagleOne
I checked out Charles' parents donate page to see if they showed the amount of donations they had received, but it didn't. But it did have this to say which I found very interesting, and I quote;
"How to donate
Welcome and thank you for coming to help! Every contribution helps!
THE NEED: The Scoville Legal Defense Fund has been created to allow people to contribute funds that will be used to pay legal fees for Charles David Scoville related to Securities and Exchange Commission v. Traffic Monsoon et al, Case # 2:16-cv-00832. Charles will not own or control these funds as they will be sent directly to his legal team from this fund. The SEC seized all of Charles’ business and personal funds, and therefore, has no funds for his defense without support.
HOW TO DONATE: Please wire your contributions to:
Scoville Legal Defense Fund
BBVA Compass Bank
11210 Huron St.
Northglenn, CO 80234
Routing number: 107005319
Account number: 6740871364
SWIFT code: CAPSUS44
THE ASSUMPTION WITH YOUR DONATION: Contributions less than $14,000 a year will be a classified as a gift. Contributions greater than or equal to $14,000 a year will be classified as an interest-free loan. It is unlikely Charles will be able to repay this loan, so it should be considered a bad debt for tax purposes.
Thank you!"
What interested me is the last sentence. Doesn't sound to convincing that Charles will win his case. For if he did, Charles would have all the money he needed to pay back the interest free loan of $14,000 or more. That line alone would make me stop and think before donating. Why would I want to donate to a cause that the parties involved do not believe they can win? I thought the SEC actions was a gross miscarriage of justice? Sure doesn't sound that way does it.
It's a get out clause to run away with the money and not give it back.
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
false advertising again. pretty wacky for 'an advertising company'. should be name traffic monsoon minus (even more of your money) lollerz!
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
So, what should we tell the bank to let them know that that account is handling the tainted proceeds of crime?
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Anybody got a tissue handy??.....I think Ernie Ganz is about to cry.....:crying_2:
From Sunil Patels page....
Quote:
Originally Posted by Ernie Ganz
I had to let go of 20 employees from my call center because of SEC thank you USA government
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
In breaking "Revolution Day" news......
The revolution has a website......LMFAO.....
We Are Not Investors! REVOLUTION DAY
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Ernie had to let 20 employees go because of Charles. Ernie won't start hating his so called brother Charles until he sees his name on the Receivership list for clawbacks...
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
LMAO! he thinks this shindig is going to last 6 HOURS! LMAO!
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
littleroundman
ONCE AGAIN. If your not investors, there is no money.
Also, they do understand that its odd & useless to protest the SEC in the wrong country?
It makes as much sense as a rally vs the Politburo on that pier.
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
Whip
LMAO! he thinks this shindig is going to last 6 HOURS! LMAO!
Be lucky if 3 men and a dog turn up to this....LMAO....
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
They are going to meet for dinner and cry in their beer after they get done pissing in the wind on the pier...
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Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
Quote:
Originally Posted by
okosh
Be lucky if 3 men and a dog turn up to this....LMAO....
It will be the same krewe that went to Sunils TM meetings on saturdays.
100 plus could be realistic.
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1 Attachment(s)
Re: Traffic monsoon. Better than MAPS with trusted admin Charles Scoville
It's highly likely that Ernie Ganz is running TM Plus...
Attachment 15119