Contents
Contents
Alaska Ponzi scheme cases can involve an Alaska-incorporated business even when the lawsuit is filed in another state. The Securities and Exchange Commission’s settlement-contract complaint named J&J Consulting Services, Inc., an Alaska corporation, alongside a Nevada corporation with the same name. The SEC alleged that promoters pitched purchase agreements with scheduled returns and described fees paid by people bringing lawsuits. For someone handling investment agreements or payments, the questions are: which company made the promise, which account received the investment, and who controlled the payment?
This page follows that Alaska corporate connection and the investment promises in the SEC’s civil case. Our broader explanation of Ponzi schemes follows the payment mechanism across different businesses. Here, the company on the contract is the starting point.
The Alaska connection in the J&J case is the company’s incorporation. The SEC brought the civil action in the U.S. District Court for the District of Nevada. The complaint identifies the Alaska and Nevada corporations separately, even though they share the J&J Consulting Services name.
A sales communication may use a familiar business name, while the agreement identifies a particular corporation and the payment instructions identify a receiving account. The subscription record, account ownership and transfer instructions can connect those parts of the transaction. If you handled one of them, your knowledge can help establish which business actually received or moved the money.
For an employee who knows the accounts, the useful connection is between the named company and its role in the investment. We follow that connection through the promises and payments, including transactions involving more than one entity.
The purchase agreements were pitched as investments involving people bringing lawsuits. The SEC’s complaint filed in June 2022 alleged that a promoter described agreements in amounts of $80,000 or $100,000, paying returns of 13% every 90 days.
The same complaint alleged that another promoter said people bringing lawsuits who entered the purchase agreements paid a $5,000 administrative fee, divided between a participating law firm and the plaintiff’s attorney. A person who prepared the agreements or handled the associated payments may know how those promised fees compared with the actual receipts.
For someone inside the business, the agreement’s economics belong beside the transaction it supposedly financed. Which payment was supposed to produce the investor’s return, and where did that payment arrive? The contract describes the obligation, while receipts and account entries show the cash available to meet it. We want to understand the business explanation you were given and what you saw when the payments were made.
The SEC’s June complaint alleged that ACAC, LLC received at least $6.5 million in scheme proceeds to which it had no legitimate claim. It also alleged that an individual controlling ACAC used it to receive investor funds, pay fictitious returns to investors and receive commissions.
The payment description may call an outgoing transfer a return, while the records show which incoming deposit supplied the cash. We follow the cash behind that label. In the SEC’s allegation against ACAC, the money was real. The returns were fictitious.
The person who reconciled the account may understand the source of a payment that looked ordinary to its recipient. Someone working with investor communications may instead know how that payment was described. Connecting the records behind the number brings those views together: the deposit, the transfer and the explanation given to the investor.
The SEC’s GPB Capital allegations offer a broader comparison of how investor money can be presented as business earnings. In its February 2021 announcement, the agency alleged that investor money funded portions of an advertised annualized 8% distribution represented as coming entirely from portfolio-company earnings. It also alleged that missing audited statements, manipulated financials and undisclosed compensation obscured the source of the payments.
That comparison matters to an Alaska insider who knows how a business funds its distributions. The promised investment may concern purchase agreements or operating companies, but the account records still connect receipts to payments. A person who knows why a transfer was authorized can explain a fact the investor’s statement leaves out: what actually funded the return.
Whistleblower information can connect a transaction to the people and instructions behind it. The study The Significance of Whistleblowing as an Anti-Fraud Measure, published in the Journal of Forensic & Investigative Accounting in 2018, found whistleblowing was the most common detection method in its complete-data sample of 4,943 frauds. Whistleblowers detected 35.9%, compared with 21.4% detected through internal controls.
Its finding gives weight to the firsthand explanation that accompanies a bank record or investment agreement. In the J&J case, that means what investors were offered, what they paid and what they were told their money earned. Your position may let you connect parts of that story that otherwise sit in separate files.
Under the SEC whistleblower program, eligible whistleblowers share 10% to 30% of qualifying monetary sanctions collected, where the qualifying SEC action results in sanctions exceeding $1 million. We assess a suspected Ponzi scheme report with you from the investment, the transactions and what you know firsthand. Our work connects the information you hold to the potential enforcement case and the appropriate securities fraud whistleblower lawyers.
Where the conduct involves fraud against government money, we also assess whether the False Claims Act applies. A whistleblower case under the False Claims Act can pay 15% to 30% of what the government recovers.
If you reconcile accounts or prepare investment agreements for a business connected to Alaska, you may know where the promised returns really came from. Speak to one of our Whistleblower Experts about the payments you handled. We work with you to build your strongest Ponzi scheme whistleblower case, bring in securities fraud whistleblower lawyers suited to the conduct, and stay beside you through the decisions ahead.