Tag Archive: responsibility

Lifevantage Terminates and Sues Major Distributor

Introduction

Jason Domingo

Jason Domingo

Lifevantage (LV) announced that, at the unanimous recommendation of its Board of Directors, it has terminated for cause its relationship with Jason Domingo and Ovation Marketing Group, Inc., one of the Company’s lead distributors. The Company also announced that it has filed suit against Mr. Domingo and Ovation in Federal Court in the State of Utah for breach of contract and misappropriation of trade secrets.  See typical market report.

The detail (see link below) shows that LV made $10.9m in 2010 and $208m in 2013 – this is despite the investigative activity into Protandim, LV’s main product, by LazyManAndMoney and others…!  Distributors were paid $91m from which $2.6m went to Domingo.  They say he was the lead distributor.

The Detail in the Lifevantage Case

The case details are on PACER – summarised here:

Case details:

2:13-cv-01037-DB Lifevantage v. Domingo et al

Dee Benson, presiding

Date filed: 11/19/2013

Date of last filing: 11/19/2013

Assigned to: Judge Dee Benson

Demand: $775,000

Cause: 28:1332 Diversity-Breach of Contract

Court Filings of Lifevantage v Jason Domingo

You can view the court documents (19 pages) on the attached file:

Lifevantage v. Domingo et al

 

Jason Domingo,President, Ovation Marketing Group, Inc.

Domingo has been in business for many years.  This letter of his to the FTC is dated May 28, 2006 and he states he’s been in network marketing for 14 years, meaning he started back in 1992.  Chillingly, he quotes a Dr Charles King that by 2016 one in two Americans will be involved in network marketing.  Thankfully, we don’t appear to be treading that path.

The Court Case

The letter of his makes good reading, especially with regard to the free market and in comparison to the Lifevantage court case….  In this, they claim he:

  • Has been laying the groundwork for setting up a competitive business
  • Disparaged the company
  • Is setting up a competitive business
  • Used his disposal of 90% of his stock as proof of these claims
  • Sent  an email to Randy Haag disparaging the company where he said “there is no statement too strong that speaks to the malfeasance of this management team.  Greed and ego has gripped my (sic) beautiful company by the throat.” – Stirring stuff indeed!
  • If Domingo had worked properly, they’d have paid out tens of millions more to distributors.

In total there are three main actions, divided into a myriad of clauses.

  • They want a 12 man jury public trial.
  • They want all costs.
  • They want $775,000

Malfeasance

Domingo used the word malfeasance to describe the LV management team.  I had to double-check the meaning.  It means:

The commission of an act that is unequivocally illegal or completely wrongful.

In detail, it means:

Intentionally doing something either legally or morally wrong which one had no right to do. It always involves dishonesty, illegality, or knowingly exceeding authority for improper reasons. Malfeasance is distinguished from “misfeasance,” which is committing a wrong or error by mistake, negligence or inadvertence, but not by intentional wrongdoing. Example: a city manager putting his indigent cousin on the city payroll at a wage the manager knows is above that allowed and/or letting him file false time cards is malfeasance; putting his able cousin on the payroll which, unknown to him, is a violation of an anti-nepotism statute is misfeasance. This distinction can apply to corporate officers, public officials, trustees, and others cloaked with responsibility.

Well. Most of what I have seen about LV fits into that. It’ll be interesting to see how this case pans out. I suspect it’ll not come to court.

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Estonian Spammer Forges CBS and The Guardian

Get Rich Quick Scam Forges Genuine News Agencies Web Pages

Gmail Spam

Gmail Spam

I recently received two emails from a friend’s old Hotmail account, but to two of my email addresses.

Email Spam

Email Spam

Probably, the account has been hacked as I could detect no spoofing in the emails’ headers.  These are the emails, with the email addresses blacked out.

Initial Email Investigations

The text is similar in that they try to entice a user using pretty poor English to click on the shortened URL links, which are active.

Here’s how the links work:
To my Email address;
cbsbusiness9

cbsbusiness9

I had http://cbsbusiness9.com/index2.php?/5260 which then goes to

http://cbsbusiness9.com/uk.html?/partners/the-guardian/small-business/5672-9782-67834/making-money-online/

 

To my GMail address;
cbsnews-article

cbsnews-article

I had http://cbsnews-article.com/index2.php?/4032 which then goes to

http://cbsnews-article.com/uk.html?/partners/the-guardian/small-business/5672-9782-67834/making-money-online/

 

The screenshots show the results using a neat Firefox plugin, Flagfox, which displays the source IP address and country on mouse-over.

The WHOIS’s of each domain are almost identical.  These are screenshots.

whois.domaintools.com screen capture 2012-12-12-17-12-26 whois.domaintools.com screen capture 2012-12-12-17-13-17 That Arthor Brown’s a one, eh?  Notice the Ukrainian, Russian and New York connections?   Who is/are  or what is:

TNew line ave 172 95
NY, 18274
UNITED STATES
+1.7343541732

Google Search on +1.7343541732

Google Search on +1.7343541732

Googling the phone number pulls out a heap of (not)surprises including an awful cesspit of scamminess that’s now starting to rival Pacific Webworks’ Google Treasure Chest and Jesse Willms’ Colon cleansing efforts!  (We saw these scams a few years back – check the links)

Just check out the fake news and dodgy sounding sites in the search results….  These are the first couple of pages of current search results:

  • Com-news8.net
  • Bcnews8.com
  • Dildobigg.com
  • Raspberry-Ketone24.com
  • BigGgEts.com
  • HurtGuys.com
  • GrowsPeniss.com
  • HugerAss.com
  • Com-news9.net
  • Com-nbcnews9.net
  • coloncleanse-extreme.com
  • nbc9news.com
  • nbc1news.com

Arthor Brown is in most of them with his Yahoo! email address as [email protected]   Please don’t confuse him with this Arthur Brown, but yes, handle all of these websites like Fire!

Forged Webpages of The Guardian Newspaper

cbsnews-article.com screen capture 2012-12-12-16-3-51

cbsnews-article.com screen capture 2012-12-12-16-3-51

cbsbusiness9.com screen capture 2012-12-12-16-3-23

cbsbusiness9.com screen capture 2012-12-12-16-3-23

The Guardian, is an old and respected news organisation in the UK.  CBS is a long-established US media network.

They, and the purported author of both webpages, Sirena Bergman, must be pretty pissed off about the hijacking of their names.

Also to be annoyed, is Lloyds TSB Bank who apparently are “in association” with this get rich quick scheme for work at home moms!

Completely Forged News Articles!

Indeed they are.

  • The articles are dated “December, 11:41”, which is odd since there’s no day, just month and time!
  • Both articles are embedded in genuine Guardian web-pages, with all the links surrounding the article going to genuine Guardian web-pages or genuine advertiser websites!
  • The hook links in both forged webpages go to http://workinghome22.com/go.php

The forgery is done in the same manner as the well-known phishing scams done for banks and on-line finance and insurance.

Apart from the images sourced from The Guardian, the scammer’s images are sourced from:

  • ddmcdn.com which is HowStuffWorks.com!
  • localconsumeralerts.com
  • prosperadtracker.com
  • ophan.co.uk

So, Who Is workinghome22.com

Bad Gateway

Bad Gateway

The first link was dead, opening a bad gateway so the expected redirect didn’t work.  The tracking pointed back to Ireland!

Bad Gateway

Bad Gateway

The second link worked, but the sweetly named workingfromhome22.com wasn’t the destination.   No, the link immediate re-directed to http://onlineincnow.com/2/?aff_sub=72

Well, at least the affiliate number 72 is getting paid….

But hang on, who exactly is workingfromhome22.com?
workinghome22.com screen capture 2012-12-12-16-31-44

workinghome22.com screen capture 2012-12-12-16-31-44

Well, typing the URL directly takes me to workingfromhome22.com!  This is it!

Cunningly, you’ll note that it’s pulled out my home-town as Bournemouth (where I live) with that awful “mom” Americanism!  No-one in the UK addresses their mother as mom…  I mean, FFS?

The webpage links, containing the disreputably used graphics of Thomson, Reuters, CNBC and NBC Universal all point to http://workinghome22.com/go.php, which is of course in this domain.  So let’s click it, shall we?

Well, pctrck.com is trying to load, but not much else.

Reversing then trying to exit workinghome22.com produces a pop-up of dubious functionality!  Check the words – there’s no cancel button!

workinghoome22_Popup

workinghoome22_Popup

I did however manage to successfully close this page following that.  Whew!

Now Back to onlineincnow.com

OnlineIncNow Location

OnlineIncNow Location

The previously mentioned http://onlineincnow.com/2/?aff_sub=72 is located in the USA.

So What Is It Up To?

OnlineIncNow.com Whois Record

OnlineIncNow.com Whois Record

Good Question!   A WHOIS puts the registrant in China with the DNS servers in Russia!

As I mentioned earlier, the similarity of the scamminess of this thing is just like the Google Treasure Chest/ Google Money Tree / PWW scams of old.

The site is plastered with the logos of well known businesses to ad an air of authenticity to things (just as the original hook sites used The Guardian Newspaper and CBS in the same way) yet at the bottom of the page they disingenuously ad:

This site and the products and services offered on this site are not associated, affiliated, endorsed, or sponsored by NBCNEWS, ABC, USA Today, CNN or Fox News, nor have they been reviewed tested or certified by NBCNEWS, ABC, USA Today, CNN or Fox News.

onlineincnow.com T&C Screenshot

onlineincnow.com T&C Screenshot

Despite all this, it is of course bollox set to deceive.  In fact, it now appears that it’s the well known negative option scam, used by Pacific Webworks (PWW) and Jesse Willms to good effect until they were found out.

Let’s see how this pans out, shall we?…..

Check out the T&C page from the tiny link in the page footer – screenshot on the right.

  • They say that the applicable law is the State of Florida.
  • You will become a “member” and the key phrases are here:

You must register as a “Member” with Online Income Now to access certain functions of the website. You must provide current, complete and accurate information about yourself (the “Registration Data”) when registering as a Member. You agree that such information is truthful and complete. You agree to maintain and keep your Registration Data current and to update your Registration Data as soon as it changes. You are responsible for maintaining the security of your password. Online Income Now is not liable for any loss that you suffer through the use of your password by others. You agree to notify Online Income Now immediately of any unauthorized use of your account or other breach of security known to you. You also, by becoming a Member, agree to report violations of these Terms and Conditions by others to Online Income Now.

For a limited time only, the cost of this product is $97.00 ( usual price $299.95 ) and every 32 days thereafter you will be billed the member’s only price of $9.95 for the monthly use.

MATERIALS PROVIDED TO Online Income Now OR POSTED AT ANY Online Income Now’s WEB SITE

Online Income Now does not claim ownership of the materials you provide to Online Income Now (including feedback and suggestions) or post, upload, input or submit to any Online Income Now Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Online Income Now, its affiliated companies and necessary sublicensees, permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

You’ll see that “Online Income Now” will:

  • make you a “member” (of what?)
  • and you will be regularly billed, (why?)
  • and that for anything you post, upload etc (wah?  whadya mean?  Where is this uploading?),  “Online Income Now” will take no responsibility for what you do!

…………….which is curious as you don’t know what you’ll be doing and they have invited you to do it in the first place!!!

Now Lets Click The Link!  Follow that Opportunity!

onlineincnow.com screen capture 2012-12-12-17-46-50

2 Spots Left!

Amazingly (sarcasm alert) there are two “spots” left in my area!  This is the page… http://onlineincnow.com/2/index2.php

Michelle Johnson is the “guru” who will tell me everything!  So what do I do?  I have two options:

  • Back out
  • Sign up

Let’s Try Backing Out, Shall We?

CannotBackoutFromOnlineIncNow2

Cannot Backout From OnlineIncNow 2

CannotBackoutFromOnlineIncNow

Cannot Backout From OnlineIncNow

Well of course, they won’t let me.  It takes two goes to get out and the first one completely takes over the browser!  Bad.  This is B.A.D.

Ah, well.  Finally escaped.

Let’s Try Clicking to the Signup Page, Shall We?

secure.onlineincnow.com Data Entry Screen

secure.onlineincnow.com Data Entry Screen

I decide on my name, “Jobless Jake” and a random phone number…. The website is now https://secure.onlineincnow.com/2/cc_97.php

What I see is bad, really bad, and any attempt by this pack of jokers at saying they don’t run a negative option scam is now revealed on this sign-up page!

The scam is now revealed for what it is – a negative option scam!        Read it carefully…..  They expressly say;

By enrolling, you will be charged a one-time fee of $97.00

In teeny-tiny letters, note!

But remember, right back buried in the T&C’s they say;

every 32 days thereafter you will be billed the member’s only price of $9.95 for the monthly use.

This is expressly against the FTC code and laws in most countries.  If any extra charges are to be levied for any service or goods, they should be expressly stated on the sign-up page where the customer first enters their financial details.

Gotcha! You Bastards!

Okay, I’ve Had Enough of This. I’m Off!

“Not so fast, young Jobless Jake”, say onlineincnow.com……!

CannotBackoutFromOnlineIncNow3

Cannot Backout From OnlineIncNow 3

They’ve an extra 20% off plus and extra bit of webpage-erese!  The screenshot says it all, though it wasn’t the end of it.  I had one more “Leave Page” option like the earlier one above.

Conclusion

Negative Options are banned by law in most countries.  If you get collared by one, you’ll have a job stopping the bastards taking money from your account for ages.  The only sure way to stop this once you’ve been sucked in is through….

  • Chargebacks.   Get your bank or card company to get a charge-back saying the terms of trade or purchase were hidden (as seen in my screenshot above).

So………………….

  • It’s a scam.
  • Stay away from it.


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What is the Best Backup for Windows in a Small Home or Office?

What is the Best Backup for Windows in a Small Home or Office?

Which Windows Backup?  A History.

Over the years I’ve tried many systems for backing up crucial Windows data.  Currently for small-scale backups I use the ubiquitous and almost bullet-proof flash drives, my current one tipping the scales at 8Gb.  But for major backups, as the years have passed, I’ve used;

  1. Floppy discs – 1.4Mb
  2. Iomega Zip discs – 100Mb
  3. CDRW – 650Mb
  4. DVD-R – 4.7Gb
  5. Western Digital My Book Home Edition – 1Tb

They all had their problems and limitations.  The last one looked good with Firewire, USB2, ethernet  & eSATA connections – but it overheated and broke…..

Best Windows Backup!

My current system is from Synology and is a “DS210j – Budget-friendly 2-bay NAS server for Home and Small Business”

See: http://www.synology.com/enu/products/DS210j/index.php

I can heartily recommend the thing.  It has so much gubbins within it and far exceeds my limited expectations.  I installed two green 2Tb drives from Western Digital  in mirrored RAID for security and use the auto-backup software provided as well as Windows’ own.  This is extremely relevant for the large number of hits I’ve had to this posting where a major part of the problem is the time taken to do a backup!  In my case, the 750Gb just takes a few hours to copy across the Gigabit speed ethernet that the unit can use.

Addendum June 2011: The tool is a seriously capable bit of kit and I cannot recommend it enough. Get one!

It does everything it says on the tin, and more!  The whole thing cost me about 200 quid, plus an hour of my time to install.

Even its firewall is more configurable than any router I’ve used!  It can be used as a server for FTP or the web.  It comes with software for a host of things that mimic Flikr etc but without all the privacy or security issues inherent in off-line storage.  It’ll also run with any operating system because it itself is a mini-linux installation as it is,  and includes Windows, Apple and Linux applications.
Check it out, straight from their overview page:

Build Your Entertainment Center

Download Station 2 functions as a 24×7 BitTorrent, FTP, HTTP, eMule, and NZB download center. RapidShare and RSS download are now supported.

DLNA Compliant Media Sever ensures compatibility and interoperability between Disk Station and a wide range of DLNA-certified home devices.

iTunes Server provides an easy way to share music and videos with other iTunes clients within the local network. You can create playlists with songs that match the criteria you specified, and best of all, iTunes will update these playlists automatically as you add or delete songs.

Audio Station supports music, Internet radio stations, and iPod playback with connected USB speakers. Web-streaming mode allows your music to be shared with multiple users over the Internet.

Back Up Your Precious Data

DSM 2.2 offers comprehensive solutions for you to back up data stored on Disk Station or your desktop computer to the Disk Station.

Server backup includes two alternatives: Network Backup and Local Backup. Both allow you to back up data in the shared folders and databases. Incremental backup option and flexible schedules are available. All can be easily configured with a step-by-step wizard.

Desktop backup provides Windows PC users with the Synology Data Replicator 3 for backing up desktop data, Outlook, and Outlook Express emails to their Disk Station by choosing one of the three backup modes: Immediate, Sync, and Scheduled backup, while Mac OS X users can use Apple Time Machine backup application to back up their critical data to Disk Station.

USBCopy allows you to quickly back up your data from an USB storage device such as an USB flash or USB card reader to the Disk Station with just one single touch on the front-panel Copy button.

Enrich Your Web Presence

Photo Station 3 simplifies photo, video, and blog sharing over the Internet. The flexibility of photo theme customization, blog layout arrangement, visitor’s privilege setting, RSS feed, and the dazzling 3-dimentional photo browsing with Cooliris make Photo Station 3 your state-of-the-art lifestyle sharing center on the Internet.

Web Station with built-in PHP+MySQL allows users to publish their own websites or install numerous popular open-source programs.

Access With Your iPhone/Mobile Device

The iPhone App DS audio allows Disk Station users to stream music stored on Disk Station with their iPhone/iPod® touch where Internet access is available, while DS photo allows uploading photos from the iPhone/iPod® touch to their Disk Station.

Users with a mobile device running on Windows Mobile® 6.0, iPhone OS 2.2.1 onward, or Symbian OS 9.1 can log on their Disk Station to view photos with Mobile Photo Station and read supported file formats with Mobile File Station where Internet access is available.

Eco Friendly

Eco Friendly

Synology Disk Station is designed and developed perpetually with the concept of energy saving. Compared with average PC counterparts, Synology Disk Station consumes a relatively low amount of power and has the HDDs hibernate when not in use. This not only helps to save energy but also extends the lifespan of the hard disk.

Synology Disk Station truly earns the title of “green product” because of the unique Scheduled Power On/Off feature, and the smart fan design effectively cools down the system with minimum power consumption, yet keeps the system quiet on operation.

Finally, all Synology products are produced with RoHS compliant parts and packed with recyclable packing materials. Synology recognizes its responsibility as a global citizen and is continually working to reduce the environmental impact of the products we create.

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Facebook, MSNBC, Jesse Willms’ Swipe Auctions and Doctored Photos

Introduction

Readers of these pages will need no introduction to Jesse Willms, self-proclaimed philanthropist and former purveyor of counterfeit software.

But in the interests of traceability into the continuing insidious nature of the on-line marketplace, here’s a run-through of how to get from Facebook or MSNBC to Jesse Willms’ SwipeAuction (formerly SwipeBids), including a few screen-dumps of the dubious methods employed.

p.s. I could equally well run through the links from any spam I get today to Fox News to BidCactus or whatever.  Okay?

(p.s. SwipeAuctions is no more, the SwipeBids domain expires soon and rumours are rife about a possible new auction site.  Watch this space.)

MSNBC to Willms

This MSNBC page that Joseph spotted http://www.msnbc.msn.com/id/39118941/ns/world_news-mideastn_africa/ had a different set of ads when I looked.  Indeed, just like this website the ads rotate.  What was interesting is that they still went back to Willms’s based websites via fake news websites.

First, there were three ads in the bottom right when I viewed the page.  Refreshing the page shoves out two or three.  They rotate daily, but tend to stay the same on a given day.  The three images are the websites I’ve been taken to…

Site 1

Site 2

Site 3

It’s important to note the similarity between Site 2 & Site 3.

Because they both use the image of the French TV newsreader Mélissa Theuriau!

In the first she’s “Karen Simpson” and in the second she’s “Julia Miller”.

These are affiliate websites of unknown ownership.   Take a look at the car “won” by the woman in the advert.

Fake Car Auction

Car…and woman!

To save you time, this is the car and woman full size.

Now take a close look (it doesn’t need to be very close actually!) at the woman and the car mirror.  Does it seem a bit odd?  Well it does to me!

Using the TinEye plugin for Firefox allow one to trawl the web for similar images.  In this case it comes up trumps!

Because the image is obviously a composite one.  This is the TinEye search:

http://www.tineye.com/search/83bfb2d5784c45b67b0e780943a4a032bf6c4814/

Original car – no woman!

It pulls out six instances of the image used elsewhere on the web.  The URL for this one is:

http://www.leasetrader.com:80/photos/actual144203/150×112/Honda-Civic-EX-Sedan.jpeg

Car Auction Conclusion

I love to play

I love to play

Well pretty obviously it says in the image above that the woman “Samantha Warren” from Florida “won” that Honda car in one of Jesse’s “auctions”. (remember these details – they’re important for later)

(p.s. Since being written, these car pictures have been seen on even more fake news websites, all of unknown ownership.)

SwipeAuctions now have pictures on the landing page right next to his bold claim about helping 112+ children worldwide, where people say they “love to play” on the website.  See the “Anita P” screenshot from today.

(note from editor and US FTC: you can play a game, like a lottery or any other game of chance; you cannot play an auction!  The bold claim of this and many other Bid Auction websites is that it’s part ‘entertainment’, which may be so, but it’s still gambling.)

Facebook to Willms

Facebook ads this morning

Three ads were showing on the right of my Facebook page.  If you’re on Facebook, then you’ll have seen similar.

The first one was for a tips-laden army-type audio-visual that ends up wanting money to stay slim.

But one showed a woman who’d just won an iPad for £26.75.  yep.  It was  SwipeAuctions.  (p.s. these ads later disappeared to be replaced by other bid auctions sites for a time, although they’re now currently almost unseen.)

Honda Car – a co-incidence?

Another Honda? From Florida?

Another Honda? From Florida?

A neat photo from the front page shows a guy, “Pbh201”, mysteriously and co-incidentally (surely) from Florida, again winning a car.   The model?  Well Honda, of course!

Unfortunately, and for now, TinEye has not pulled out any image duplications.  But on past form, who’s to say what might pop up?  (p.s. later information has appeared which shows this Honda ‘win’ from various ‘angles’ – more later.)

Judge?

I’ve edited this post from the original following threats from Jesse Willms legal representative.   Currently there is a legal case against CTV  for showing these videos on television.  Part of the remit is that CTV misrepresented Willms’ businesses and said that 60% were his when they weren’t.

Given that the affilaites’ websites are there to promote businesses and yet are on the whole anonymous, my opinion is that the TV show displayed information in the way that “the common man” would interpret these things.  If the common man is very easily confused, then that is a problem but ultimately the person that benefits from deceptive advertising must shoulder some of the responsibility for their contractors’ behaviour, should they not?

Judge for yourself.

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Democracy and Freedom

I’ve been on holiday for a while.  Today’s encouragement from Sensei I thought wonderfully appropriate for us in Britain, given the imminent general election and the hunt for a supposed centre ground.

The Deeper I Go, The More Knowledge I Know

The Deeper I Go, The More Knowledge I Know

Quite simply, there can be no true democracy unless the citizens of a country realize that they are sovereign, that they are the main protagonists, and then with wisdom and a strong sense of responsibility take action based on that realization.

Democracy cannot be successful in its mission unless the people rouse themselves to become more informed and involved, unless they unite, unless they establish an unshakable force for justice and keep a strict eye on the activities of the powerful.

Daisaku Ikeda, for Tuesday, April 13, 2010

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