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Thread: Profitable Sunrise HYIP - Has anybody dug through it yet?

  1. #2301
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by laidback View Post
    She might not be going much of anywhere if they put cuffs or a GPS anklet on her...!
    One can only hope! A perp walk would be really, really good and most appropriate also.

  2. #2302
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Frazer court date rescheduled again:

    COURT DATE SCHEDULED
    Event: MOTION HEARING
    Date: 08/16/2013 Time: 10:00 am

  3. #2303
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by intheknow View Post
    Frazer court date rescheduled again:

    COURT DATE SCHEDULED
    Event: MOTION HEARING
    Date: 08/16/2013 Time: 10:00 am
    Thanks for the heads up on this and posting it.
    EagleOne
    Author: "Robbing You With A Keyboard Instead Of A Gun - Cyber Crime How They Do It" available in soft cover and eBook at Amazon.com

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by Eddie Haskell View Post
    ....Her husband may weasel out of it I dont know.
    Be interesting if he did a plea bargain.....

  5. #2305
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Hearing rescheduled for August 30.
    EagleOne
    Author: "Robbing You With A Keyboard Instead Of A Gun - Cyber Crime How They Do It" available in soft cover and eBook at Amazon.com

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Now this is just too funny. Seems Nanci Jo doesn't like her name anymore so now she is going by Nancy Joanne.

    Nanci Jo or Nancy Joanne, makes no difference. Everyone now knows you are a Ponzi promoter and always have been, and your fake charity has been exposed. A lot of people are not going to be happy having to refile their taxes and claiming their deductions as taxable income.

    And I especially loved the YouTube post by Abert Rosebrock that Channel 11 in Toledo is under investigation for using videos in their report given to them by an individual twice convicted of securities fraud. Keep on telling those whoppers Albert. Only a few brain-dead might believe you.

    Now I can hardly wait to see which one willl show up for her hearing on the 30th?
    EagleOne
    Author: "Robbing You With A Keyboard Instead Of A Gun - Cyber Crime How They Do It" available in soft cover and eBook at Amazon.com

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  8. #2307
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    The hearing on the 30th is to determine if the court will allow Nanci Jo/Nancy Joanne and her husband Dave to use any of the $20,000 frozen to pay their attorneys fees. The really important hearing is on September 9 when they have to plead. It will be not guilty and demand a jury trial, guilty and then the court will set a date for sentencing, or a plea deal. This is when the fun really begins if they opt for a jury trial.

    I hope the judge denies them access to the frozen $20K to pay their attorneys. Let them use a public defender if they can't pay an attorney.
    EagleOne
    Author: "Robbing You With A Keyboard Instead Of A Gun - Cyber Crime How They Do It" available in soft cover and eBook at Amazon.com

  9. #2308
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by EagleOne View Post
    The really important hearing is on September 9 when they have to plead. It will be not guilty and demand a jury trial, guilty and then the court will set a date for sentencing, or a plea deal. This is when the fun really begins if they opt for a jury trial.
    Sorry if I haven't been keeping up. Daily contact with one site is about all I have time for. Damn work. If I didn't have to support myself and my family, I could post fulltime to anti-fraud boards.

    Are there criminal charges pending against these miscreants? The only pending court proceedings I know of are the SEC action against PS itself and the Ohio AG TRO/injunction action against Ponzi Jo et al, the Ohio-based promoters. These are both civil actions. One doesn't plead guilty or not guilty to a civil action, no one is sentenced in a civil action (except for a contempt in violating an injunction, something we're nowhere near yet here), you don't get a PD in a civil action, and in most places (although I don't know Ohio law) there is no right to a jury trial in an injunction action.

    Did I miss something?
    "A wise man proportions belief to the evidence."
    - David Hume

  10. #2309
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Next time I'll just give my $80 to a homeless person.

    It would be put to a lot better use. I'm helping to pay for some random criminal's attorney fees

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by EagleOne View Post
    [B][COLOR="#0000CD"]Now this is just too funny. Seems Nanci Jo doesn't like her name anymore so now she is going by Nancy Joanne.
    No where on earth would a scammer get an idea like that, perhaps next we will be hearing wedding bells.

    Nancy Joanne Franklin??

    Marriage.JPG
    "It's virtually impossible to violate rules ... but it's impossible for a violation to go undetected, certainly not for a considerable period of time." Bernie Madoff
    https://www.facebook.com/pages/Scam-...98399986981403

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  13. #2311
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by Fendaril View Post
    Next time I'll just give my $80 to a homeless person.
    Not to wax to philosophical, but that is a low "tuition" for hopefully a lifetime lesson. My guess is you will never fall for BS like this again, some folks have jumped right from this right into the next steamy pile.
    "It's virtually impossible to violate rules ... but it's impossible for a violation to go undetected, certainly not for a considerable period of time." Bernie Madoff
    https://www.facebook.com/pages/Scam-...98399986981403

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by wserra View Post
    Sorry if I haven't been keeping up. Daily contact with one site is about all I have time for. Damn work. If I didn't have to support myself and my family, I could post fulltime to anti-fraud boards.

    Are there criminal charges pending against these miscreants? The only pending court proceedings I know of are the SEC action against PS itself and the Ohio AG TRO/injunction action against Ponzi Jo et al, the Ohio-based promoters. These are both civil actions. One doesn't plead guilty or not guilty to a civil action, no one is sentenced in a civil action (except for a contempt in violating an injunction, something we're nowhere near yet here), you don't get a PD in a civil action, and in most places (although I don't know Ohio law) there is no right to a jury trial in an injunction action.

    Did I miss something?
    Straight from the court record:

    ORDER FILED: UPON MOTION TO EXTEND TIME TO ANSWR OR OTHERWISE PLEAD, AND FOR GOOD CAUSE SHOWN,SAID MOTION IS HEREBY GRANTED. THE COURT GRANTS AN EXTENSION OF 28 DAYS UNTIL SEPTEMBER 9 TO FILE AN ANSWER OR OTHERWISE PLEAD TO PLAINTIFFS' COMPLAINT. IT IS SO ORDERED.

    Of course you can have a trial in a civil action and you have to plead to the charges.
    EagleOne
    Author: "Robbing You With A Keyboard Instead Of A Gun - Cyber Crime How They Do It" available in soft cover and eBook at Amazon.com

  15. #2313
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Well now that we know someone is going to get in trouble for this, shouldn't we focus on rehabilitating along with proper penalty? I don't think jail time should be given because that would put Nanci's offspring through a lot of pressure.

    I know vick from empower network got like 5 years probation. I think some close monitoring should be given in this case. Now in the case of a second offense, obviously jail time would be on the table.

    Lots of strenuous community service and forced one on one therapy with court follow-ups seems like a good idea.

  16. #2314
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by Fendaril View Post
    Well now that we know someone is going to get in trouble for this, shouldn't we focus on rehabilitating along with proper penalty? I don't think jail time should be given because that would put Nanci's offspring through a lot of pressure.

    I know vick from empower network got like 5 years probation. I think some close monitoring should be given in this case. Now in the case of a second offense, obviously jail time would be on the table.

    Lots of strenuous community service and forced one on one therapy with court follow-ups seems like a good idea.

    Yes, Vick got probation even though the prosecutor wanted jail time but guess what? Vick has been pimping scams ever since. Nanci Jo and company stole thousands of people and ruined their lives. So yes, she should be given jail time.

  17. #2315
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by BoBosworth56 View Post
    Yes, Vick got probation even though the prosecutor wanted jail time but guess what? Vick has been pimping scams ever since. Nanci Jo and company stole thousands of people and ruined their lives. So yes, she should be given jail time.
    I completely agree with you, She should be given serious jail time. Her charity scam alone should put her behind bars for a very long time.

  18. #2316
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by EagleOne View Post
    Straight from the court record:

    ORDER FILED: UPON MOTION TO EXTEND TIME TO ANSWR OR OTHERWISE PLEAD, AND FOR GOOD CAUSE SHOWN,SAID MOTION IS HEREBY GRANTED. THE COURT GRANTS AN EXTENSION OF 28 DAYS UNTIL SEPTEMBER 9 TO FILE AN ANSWER OR OTHERWISE PLEAD TO PLAINTIFFS' COMPLAINT. IT IS SO ORDERED.
    Right. A civil action must be answered; otherwise the defendant is in default. In this context, "otherwise plead" means, instead of filing an answer, the defendant may move for certain relief. Every state I know of has its own equivalent of FRCP 12(b), which sets out the grounds for such a motion (such things as a lack of jurisdiction or failure to state a claim upon which relief can be granted). "Otherwise plead" does not mean "guilty" or "not guilty", because there are no such devices in civil actions. Nor is one appointed a public defender, because in almost all civil actions there is no right to appointed counsel (main exception: the state removing a child from a parent). And the Court will not set a date for sentencing, because there is no sentencing in a civil action.

    Of course you can have a trial in a civil action
    Yes, of course you can, so long as there are any relevant facts in issue. You frequently have no right to a jury trial in a civil action, however. The general rule is that there is no right to a jury trial in actions which seek only equitable relief, such as an injunction. Some quick research shows that Ohio adheres to this rule. AultCare Corp. v. Roach, 2009 Ohio 6186 (2009); National City Bank v. Abdalla, 722 N.E.2d 130 (Ohio App. 1999). A perusal of the complaint shows that most of the relief sought is equitable, but that the AG does also seek "compensatory damages". Depending on Ohio law, that issue may have to be decided by a jury should the AG stick to it.

    This is probably all a tempest in a teapot. From your post, I thought I had missed an indictment. That's why I posted. To the later posters: if Frazer does go to jail, it won't be as a result of the pending action (unless she violates an injunction). Being sentenced requires a criminal charge.
    "A wise man proportions belief to the evidence."
    - David Hume

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  20. #2317
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by wserra View Post
    Right. A civil action must be answered; otherwise the defendant is in default. In this context, "otherwise plead" means, instead of filing an answer, the defendant may move for certain relief. Every state I know of has its own equivalent of FRCP 12(b), which sets out the grounds for such a motion (such things as a lack of jurisdiction or failure to state a claim upon which relief can be granted). "Otherwise plead" does not mean "guilty" or "not guilty", because there are no such devices in civil actions. Nor is one appointed a public defender, because in almost all civil actions there is no right to appointed counsel (main exception: the state removing a child from a parent). And the Court will not set a date for sentencing, because there is no sentencing in a civil action.

    Yes, of course you can, so long as there are any relevant facts in issue. You frequently have no right to a jury trial in a civil action, however. The general rule is that there is no right to a jury trial in actions which seek only equitable relief, such as an injunction. Some quick research shows that Ohio adheres to this rule. AultCare Corp. v. Roach, 2009 Ohio 6186 (2009); National City Bank v. Abdalla, 722 N.E.2d 130 (Ohio App. 1999). A perusal of the complaint shows that most of the relief sought is equitable, but that the AG does also seek "compensatory damages". Depending on Ohio law, that issue may have to be decided by a jury should the AG stick to it.

    This is probably all a tempest in a teapot. From your post, I thought I had missed an indictment. That's why I posted. To the later posters: if Frazer does go to jail, it won't be as a result of the pending action (unless she violates an injunction). Being sentenced requires a criminal charge.
    Thanks for clarifying and the correction. I thought I had remembered a civil case going to trial and a verdict being rendered, but obviously I was wrong. She did have 23 charges filed against her by the Ohio AG and the Dept of Commerce did she not? What was the purpose of filing these charges if it wouldn't result in a trial?
    EagleOne
    Author: "Robbing You With A Keyboard Instead Of A Gun - Cyber Crime How They Do It" available in soft cover and eBook at Amazon.com

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    The Ohio Attorney General applied for and received a Temporary Restraining order against Nanci Jo Frazer et al on July 8, 2013



    The State of Ohio and the Ohio Department of Commerce then issued a lawsuit:



    Ohio Attorney General lawsuit .pdf

    Which included the phrase: "Jury demand endorsed hereon"

    Which, under Common Pleas Court rules indicates:



    The lawsuit contained 23 allegations of:

    Count 1 - deceptive acts or practices

    Count 2 - misleading as to material facts

    Count 3 - misleading as to existence of charitable organization / purpose

    Count 4 - false or misleading information to the Attorney General

    Count 5 - breach of fiduciary duties

    Count 6 - failure to file a registration statement

    Count 7 - failure to file articles

    Count 8 - failure to file a statement

    Count 9 - failure to file fees

    Count 10 - failure to file financial reports

    Count 11 - failure to comply and operating in violation of chapter 1716

    Count 12 - nuisance

    Count 13 - failure to register

    Count 14 - falsification

    Count 15 - common law fraud

    Count 16 - common law conversion

    Count 17 - common law unjust enrichment

    Count 18 - reformation of charitable trust

    Count 19 - unlawful sale of unregistered securities

    Count 20 - sales of securities by unregistered person or entity

    Count 21 - acting as an investment adviser or investment adviser representative without a license

    Count 22 - false representation in the sale of securities

    Count 23 - securities fraud

    All of which are "civil" or "administrative"charges, as distinct from "criminal" charges

    The complaint asks the court to impose the following penalties:





    The only thing necessary for the triumph of evil is for good men to do nothing

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Good so everything is fair. Does this mean this horse can be ignored now?

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by EagleOne View Post
    What was the purpose of filing these charges if it wouldn't result in a trial?
    Lots of these - most, in fact - result in consent orders rather than a trial. That's what happened to Zeek - Paul Burks reached an agreement with the SEC, which resulted in a consent order/injunction. If no meeting of the minds, of course, the only other option is a trial.

    Quote Originally Posted by LRM
    Which included the phrase: "Jury demand endorsed hereon"
    Right. Again, most jurisdictions follow FRCP 38: a jury demand is required to preserve the right to a jury trial where such a right exists in the first place, per applicable law. Even if all parties to an action agree, if there isn't a right to a jury trial under the law, there won't be one. As I wrote above, it appears that Ohio has demanded at least one form of relief (compensatory damages) on which it may well be entitled to a jury. It depends on Ohio law.
    "A wise man proportions belief to the evidence."
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  26. #2321
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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Roman (group behind him) just disappeared ? They got away w/it?

    Is there any theory Ponzi Jo/lackeys created him?
    Ponzi Jo bought TVs? Trips? Worth it to go to jail?

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by wserra View Post
    Lots of these - most, in fact - result in consent orders rather than a trial. That's what happened to Zeek - Paul Burks reached an agreement with the SEC, which resulted in a consent order/injunction. If no meeting of the minds, of course, the only other option is a trial.



    Right. Again, most jurisdictions follow FRCP 38: a jury demand is required to preserve the right to a jury trial where such a right exists in the first place, per applicable law. Even if all parties to an action agree, if there isn't a right to a jury trial under the law, there won't be one. As I wrote above, it appears that Ohio has demanded at least one form of relief (compensatory damages) on which it may well be entitled to a jury. It depends on Ohio law.
    Dog Gone, My heart was really set on seeing her do a "Perp" walk along with some of her C0-Conspiritors. Alas! Hopes and dreams do not always come to pass.

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Quote Originally Posted by baylee View Post
    Dog Gone, My heart was really set on seeing her do a "Perp" walk along with some of her C0-Conspiritors. Alas! Hopes and dreams do not always come to pass.

    Oh, I wouldn't worry about that happening eventually.

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    Article from their local paper:

    Family funds are unfrozen

    By LYNN THOMPSON Times Reporter | Posted: Saturday, August 31, 2013 1:00 am

    Family inheritances can be used to help finance legal defenses for David and Nancy Jo Frazer of Bryan and Albert Rosebrock of Sherwood.

    Visiting Judge Joseph N. Schmenk made that ruling after an evidentiary hearing in the Williams County Court of Common Pleas Friday morning.


    On July 8, the Ohio Attorney General’s office filed suit against the Frazers and Rosebrock concerning their alleged involvement in Defining Vision Ministries, formerly known as Focus Up Ministries Inc., and Profitable Sunrise, an international pyramid scheme shut down by federal and international authorities earlier in the year. The attorney general’s office also filed an injunction to freeze their assets.

    “We want them frozen to maintain the status quo,” argued Allen Showalter, attorney representing the Attorney General’s Department of Commerce.

    “Personal and Profitable Sunrise funds are hopelessly co-mingled, impossible to separate,” Showalter said. “We don’t want to jeopardize the return to investors and charities who were taken in by them.”

    Attorney Richard Kerger countered that the Federal Commerce Commission has already set aside $11 million as “a partial return to investors and charities taken in by Profitable Sunrise.” He argued that Rosebrock and the Frazers need the money to ensure fair representation in court.

    “The charges against them include 328 paragraphs, and the state already has three attorneys assigned to it,” Kerger said. “Breaking all that down is going to take time and money. Freezing those assets represents an unfair hardship.”

    The funds in question included $12,000 Rosebrock inherited after an uncle’s death in North Carolina in 2011, and $150,000 David Frazer inherited following his mother’s death in 2012.

    After testimony and a review of probate court documents to verify the amounts claimed, Schmenk ruled to release a portion of the funds: Rosebrock will get access to $8,000 of his inheritance and the Frazers will get access to $20,000 of David’s inheritance.

    The judge explained that keeping the assets frozen for future dispersement to past investors would be like pre-judging the case. “It hasn’t gone to trial yet and we don’t know if they will win or lose,” he said.

    “The money from charitable investors is still frozen, and that’s what matters to us,” Kate Hanson, attorney general’s office public information officer, said afterward. “Our goal is to see that charitable contributions are used as they were intended.”

    All that money (the grand total has yet to be determined) was intended to help people, Nancy Frazer said during her testimony.

    She testified that she started Focus Up Ministries Inc. in 2009. It was just a website at first, dedicated to her favorite songs and sermon messages.

    “On July 1, 2012, I got a phone call, (that) explained Profitable Sunrise as a collateral loan company,” she said. “I tested it out by investing $100 for seven weeks and it worked.”

    She testified her contact then arranged a conference call with Profitable Sunrise founder Roman Novak, reportedly a Czechoslovakian living in Great Britain at the time.

    “He said he didn’t have the time to answer all my questions because his girlfriend was in the hospital,” she said. “(The contact) wanted to set it up so I could work directly with Roman.”

    Roman was a good Christian man, judging from that first conference call, she said. He asked for her resume and credentials, including proof that she had an active charity.

    “All the group leaders had to have a charity,” she said. “Focus Up had never been fully developed, so I thought this would be a good chance to do that.”

    As the leader of her own “NJF Global” investment group with Profitable Sunrise, Nancy Frazer expected a 2.1 percent daily return on her own investments within 179 days; a 5 percent commission on every new investor she recruited; a 2 percent commission on every new recruit her investors recruited; and a 1 percent commission on every new recruit her investors’ recruits recruited.

    It was all very similar to the way things were done in the other 22 direct marketing companies she had been involved with, Nancy Frazer said.

    The NJF Global Group website also got its own “back button” so other Profitable Sunrise investors could donate directly to Focus Up Ministries Inc., she said.

    The ministry never got anything from its back button account, Rosebrock testified. Profitable Sunrise was shut down before that happened.

    Rosebrock was Nancy Frazer’s second pick as treasurer for Focus Up Ministries Inc.

    David Frazer was her first.

    “She decided that while I was at work,” David said. “I said that wasn’t a good idea, given my situation.” He was a branch manager and executive vice president of the Huntington Bank in Bryan, with 32 years of banking experience.

    He was terminated in April, when the FCC took action against Profitable Sunrise. He has been unemployed ever since.

    The back button never worked, but Focus Up Ministries started getting a lot of checks, Rosebrock said.

    In 2012, it brought in $52,000.

    Of that, $22,000 was used to hire a full-time computer technician to manage the ministry’s website and online pay accounts, and two employees to handle call volume from people who had invested in Profitable Sunrise. Another $12,000 went toward office supplies, as well as refreshments and materials for Nancy Frazer’s personal Bible study group which met weekly at her house. “They weren’t involved in the ministry,” Rosebrock said.

    The remaining $18,000 went toward Focus Up’s “ministry of helps” for people who knew people connected to it, he said.

    Rosebrock testified a man in Colorado got $1,250 for an emergency house payment when times got tough. Another person in Michigan got $300 for winter heating bills.

    Every “help” got a PowerPoint presentation that Nancy Frazer made, explaining how Profitable Sunrise worked and some of them signed up afterward, Rosebrock said.

    Anyone who donated $100 or more to Focus Up got the same package.

    They were called “chairmen” and they got direct access to Nancy Frazer, who spent her time addressing questions and concerns from Profitable Sunrise investors.

    There were approximately 40,000 investors in the NJF Global group in 2012 and the calls came in hot and heavy, 16 to 18 hours a day, he said.

    According to Rosebrock, a lot of investors couldn’t direct-deposit funds into Profitable Sunrise overseas accounts, because of local restrictions against it. Ohio didn’t have those restrictions, so Rosebrock became a conduit. He would take checks in one day and sent them out the next, wire transferring a total of $139,000 before the whole thing was shut down.

    He got a $10 transaction “gratuity” for his time and effort with each check, which he tracked by username registered through the Profitable Sunrise website.

    He did the leg work because “Nancy’s time is valuable,” he said. “She mentored me.”

    “So did any of those people ever get their money back?” Schmenk asked.

    “I don’t know,” Rosebrock said. “They could have, if they opted out of the compounded interest cycle. The cycle took 179 days to finish, but everything shut down before it was complete.

    “On March 11, 2012, Nancy had a conference call with Roman,” he said. “He said he was going to migrate servers to Hong Kong. We haven’t heard anything since.”

    “So,” Schmenk said, turning to Nancy Frazer, “2.1 percent interest daily adds up to, like, 7,500 percent annually. Have you ever heard of any business doing that, short of buying lottery tickets?”

    “Yeah, they’re all over the Internet,” she said. “We’ve since learned to avoid them.”

    Turning to David, the judge said “You’ve been married 28 years, and you don’t know anything about your wife’s businesss?”

    “Yes,” David replied. “It’s worked out well that way, until now.”

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    Re: Profitable Sunrise HYIP - Has anybody dug through it yet?

    so David says he had no idea what his wife was doing ?

    what about several wire transfers to Czech bank account of PS he did personally ?
    was not David who opened bank accounts for FU Ministries at his bank, did not he know what she needs to do to accept donations legally ?

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