Pyramid Power: Network Marketing Leaders' Accounts of Professional Development and Success
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FTC V. Burnlounge
12-55926, 12-56197 and 12-56288 (Consolidated) IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FEDERAL TRADE COMMISSION, Plaintiff-Appellee v. BURNLOUNGE, INC., JUAN ALEXANDER ARNOLD, AND JOHN TAYLOR, Defendants-Appellants and ROB DEBOER, Defendant On Appeal from the United States District Court for the Central District of California No. 2:07-03654 – Honorable George Wu SECOND CROSS-APPEAL AND ANSWERING BRIEF OF PLAINTIFF-APPELLEE FEDERAL TRADE COMMISSION Of Counsel: DAVID C. SHONKA CHRIS M. COUILLOU Acting General Counsel DAMA J. BROWN Federal Trade Commission JOHN F. DALY Atlanta, GA Deputy General Counsel for Litigation BURKE W. KAPPLER Attorney Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, DC 20580 (202) 326-2043 TABLE OF CONTENTS PAGE TABLE OF AUTHORITIES......................................... iv JURISDICTION ...................................................1 ISSUES PRESENTED ..............................................2 STATEMENT OF THE CASE........................................3 A. Nature of the case, the course of proceedings, and the disposition below..................................................3 B. Facts and proceedings below ...............................5 1. Introduction ........................................5 2. BurnLounge Background .............................6 3. Bonuses ...........................................8 a. Mogul Team Bonuses ...........................9 b. Concentric Retail Rewards......................12 4. BurnLounge’s Promotion and Marketing ................14 -
July 17, 2006 E-MAIL SUBMISSION ONLY Federal Trade Commission
July 17, 2006 E-MAIL SUBMISSION ONLY Federal Trade Commission Office of the Secretary Room H-135 (Annex W) 600 Pennsylvania Avenue NW Washington, DC 20580 To the Commissioners of the Federal Trade Commission: Re: Notice of Proposed Rulemaking Business Opportunity Rule, 16 CFR Part 437 INTRODUCTION I served as an Assistant Attorney General with the State of Wisconsin for 30 years, until retirement in 1997. During this period I litigated a number of pyramid cases – including extensive litigation against Amway1 in the early 1980’s and cases against Koscot Interplanetary, Bestline, and Holiday Magic in the early 1970’s. These actions were pursued with the direct co-operation of Commission staff. My most recent pyramid case, against Fortune In Motion, was successfully concluded in 1997. I am currently a licensed attorney in the State of New York. Because of my interest in the area of pyramid based business opportunity fraud, I have followed the Commission’s activities and stayed in contact with others having similar interests, namely those associated with Pyramid Scheme Alert, which has filed its comments with the Commission through its president Robert Fitzpatrick. In my dealings in this area, both before and after retirement, the single most disturbing element I have encountered in respect to pyramid schemes is the absence of a meaningful legal standard and enforcement posture on the part of the Federal Trade Commission. Since the Commission’s Amway decision in 1979, the concept of a pyramid scheme has been confounded by the emergence of “Multi-Level Marketing”2 which is portrayed as a legal business opportunity patterned after the Amway decision. -
A Study on Direct Selling Through Multi Level Marketing
International Journal of Advancements in Research & Technology, Volume 1, Issue 4, September-2012 1 ISSN 2278-7763 A Study On Direct Selling Through Multi Level Marketing F. MARY MERLIN Department of Management Studies, Manonmaniam Sundaranar University, Tirunelveli, India. Email: [email protected] ABSTRACT Direct selling is a multi-level marketing in which the sales force is compensated not only for the sales they make but also for the sales done through their recruit. This recruited sales force is referred to as the participants who can provide multiple levels of compensation. A person's job would be to recruit others to sell their product, and in return, receive a percentage of their sales. The next person's job then is to recruit people even more so below them, and receive a percentage of their sales. Other terms for Multi-level marketing include network marketing and referral marketing. Commonly, the salespeople are expected to sell products directly to consumers by means of relationship through referrals marketing. Some people use direct selling as a synonym for MLM, although MLM is only one type of direct selling Keywords : Multi-Level Marketing, Direct Selling, Traditional Marketing. 1 INTRODUCTION evolution of direct selling. According to Biggart, direct selling has grown to become a major form of commercial activity in Direct selling is marketing and transaction of consumer goods the US, despite encountering opposition from other sectors of directly to the consumer; it does not depend on direct mail, the business community during various stages in its product advertising or fixed retail outlets. Self-governing sales development. -
5M1b Ltr to FTC Re MLM Income and Health Claims FINAL
June 30, 2021 VIA EMAIL Samuel Levine Acting Director, Bureau of Consumer Protection Federal Trade Commission 600 Pennsylvania Ave. N.W. Washington, D.C. 20580 [email protected] Dear Mr. Levine: For far too long multilevel marketing (MLM) companies have used deceptive marketing to promote the business opportunity and sell their wares.1 In fact, the problem is so longstanding and pervasive that the MLM industry’s self-regulatory body, the Direct Selling Self-Regulatory Council (DSSRC), stated just last month that: Though the industry has made significant strides to curtail the dissemination of unsupported claims regarding income potential …, there is still a great deal of work ahead of us to assure that the product and earnings claims communicated to consumers and potential salesforce members are truthful and accurate.2 Moreover, industry trade group, the Direct Selling Association (DSA), published an article in its January 2021 journal that stated, “[d]irect sellers will never be able to wholly prevent distributors from making improper claims.”3 Such pessimism is cause for concern as improper health and income claims not only deceive consumers but also lead to social, emotional, and physical harms, and financial hardship.4 Given this backdrop, TINA.org urges the Commission to implement a penalty offense program targeting the direct selling industry and its market-wide practice of utilizing deceptive earnings representations and false health claims.5 For more than 40 years, the FTC has consistently pursued individual MLM companies making -
The Pyramid Scheme Industry
THE PYRAMID SCHEME INDUSTRY: Examining Some Legal and Economic Aspects of Multi-Level Marketing Douglas M. Brooks Robert L. Fitzpatrick Bruce Craig The announcement on March 12, 2014, that Herbalife Ltd. (NYSE: HLF) had received a Civil Investigative Demand from the Federal Trade Commission caps a twenty-two month period during which persistent questions have been raised concerning the purported business opportunity known as multi-level marketing (MLM). While much of the financial media has recently been focused on the Herbalife story, the problems with MLM are not new, and they are not limited to Herbalife. As we explain in this paper, there are fundamental problems at the core of the MLM business model, and with the efforts of the FTC to regulate the MLM “industry.” The authors of this paper are all members of an international coalition of consumer advocates which, on October 24, 2013, filed a formal petition with the FTC requesting that it investigate the MLM industry and promulgate regulations to protect consumers from unfair and deceptive MLM business opportunities.1 This paper is intended to build on the Petition and to assist legislators, regulators and interested persons to understand the MLM industry and the need for further action. Why all the fuss over MLM? Why are Wall Street billionaires fighting very public battles over MLM? Is MLM merely a form of direct, person-to-person selling in which independent distributors can earn money both by selling products directly to consumers or by 1 See http://pyramidschemealert.org/wordpress/wp-content/uploads/2014/02/Petition-of-Ad-Hoc- -
5 Red Flags of a Product-Based Pyramid Scheme
- 1 - The 5 Red Flags Five Causal and Defining Characteristics of Product-Based Pyramid Schemes, or Recruiting MLM’s* Report for Consumers, Regulators, and Legislators - 2006 Edition Originally titled “PRODUCT-BASED PYRAMID SCHEMES: When Should an MLM or Network Marketing* Program Be Considered an Illegal Pyramid Scheme?” Revised from text summarized in a white paper for the 2002 Economic Crime Summit Conference (sponsored by the National White Collar Crime Center and Coalition for the Prevention of Economic Crime) – and presented in a Power Point presentation at the Economic Crime Summit Conference in Dallas, August 17, 2004 (Revised March 23, 2006) By Jon M. Taylor, Ph.D., President, Consumer Awareness Institute and Advisor, Pyramid Scheme Alert *a.k.a. “Multi-level Marketing,” “Network Marketing,” “Consumer Direct Marketing,” etc. “MLM” is a generic acronym for any type of multi-level or endless chain product distribution program. © 2003-2006 Jon M. Taylor 2 CONTENTS Page Abstract 3 Purpose of this report 3 What shall we call these schemes? 3 Initial efforts to get at the truth about MLM 4 The twin challenges of defining product-based pyramid schemes, or recruiting MLM’s – and understanding the harm to consumers 5 What is the difference between recruiting MLM’s and (hypothetical) retail MLM’s? 6 The five characteristics, or red flags, of product-based pyramid schemes, or recruiting MLM’s, are causal, defining, and legally significant 7 THE FIVE RED FLAGS of product-based pyramid schemes, or recruiting MLM’s 7 1. Recruiting of participants is unlimited in an endless chain of empowered and motivated recruitersrecru itingrecru iters. -
Defense of the Pyramid Scheme
In Defense of the Pyramid Scheme Dr. Lasdwun N. Luzes In Defense of the Pyramid Scheme by Dr. Lasdwun N. Luzes “Alas what dealer in the world would ever get a farthing, if he be so wise as to scruple at perjury, blush at a lie, or stick at any fraud and over-reaching.” Erasmus of Rotterdam, 1511, “In Praise of Folly” © copyright 2014, by Dr. Lasdwun N. Luzes Boca Raton Florida, Ada Michigan, Salt Lake City Utah, Cayman Islands, Shanghai China E-mail: [email protected] Trademarks: Various names used in this document are the trademarks or registered trademarks of their respective companies Credits: Direct Selling Association for the fantastic research and inventive analysis on which some of the essay is based. Cover: The Pyramid image and words that appear on the reverse of the Great Seal of the United States. Annuit Coeptis, “Providence Approves” and Novus Ordo Seclorum, “A New Order of the Ages”, signify the new economic order of the Pyramid Scheme Business Model, which has manifestly been approved by the Invisible Hand of Providence, The Market. Outline: I. Pyramid Schemes in Everyday Life II. MLM: Made in America III. Pyramid vs. Business, a Distinction without a Difference IV. Ubiquitous, Invisible and Inexplicable V. Capitalism, Pure and Unfettered VI. The Obsolescence of the Fraud Thesis VII. Protectors of the Pyramids VIII. The Pyramid as Main Street Business IX. A Business, Legal or Not X. The Perfect Business Model XI. The Fraud Question for the Last Time About the Author In Defense of the Pyramid Scheme I. Pyramid Schemes in Everyday Life Throughout the year of 2013, writers at Fortune, CNBC, Bloomberg, Wall Street Journal, New York Times and a host of local newspapers and television news programs have all shown a new and intense interest in the question of whether or not Herbalife is a pyramid scheme. -
No. 12-55926 Consolidated with Case No
Case: 12-55926 01/04/2013 ID: 8462489 DktEntry: 21-1 Page: 1 of 69 No. 12-55926 Consolidated with Case No. 12-56197 and Case No. 12-56288 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Federal Trade Commission, Plaintiff and Cross-Appellant, v. BurnLounge, Inc., Juan Alexander Arnold, and John Taylor, Defendants and Appellants. and Rob DeBoer, Defendant. Appeal from the United States District Court for the Central District of California Case No. 2:07-03654 Hon. George Wu APPELLANTS’ OPENING BRIEF BY BURNLOUNGE, INC. AND JUAN ALEXANDER ARNOLD BUCHALTER NEMER, P.C. Lawrence B. Steinberg (State Bar No. 101966) Efrat M. Cogan (State Bar No. 132131) 1000 Wilshire Boulevard, Suite 1500 Los Angeles, California 90017-2457 Telephone: (213) 891-0700 Facsimile: (213) 896-0400 Attorneys for Defendants and Appellants BURNLOUNGE, INC. and JUAN ALEXANDER ARNOLD Case: 12-55926 01/04/2013 ID: 8462489 DktEntry: 21-1 Page: 2 of 69 TABLE OF CONTENTS PAGE I. SUMMARY OF FACTS AND ARGUMENT ......................... 1 II. STATEMENT OF ISSUES...................................................... 3 III. STATEMENT OF FACTS ...................................................... 5 A. Multi-Level Marketing ................................................... 5 B. The Appellants ............................................................... 7 1. BurnLounge, Inc. ................................................. 7 2. Juan Alexander Arnold ........................................ 8 C. BurnLounge’s Products and Their Costs. ....................... 9 1. The Customizable -
AMWAY CORPORATION, Lng, ET AL
118 .I.cUJ.il... Complaint 93 F. IN THE MATTER OF AMWAY CORPORATION, lNG, ET AL. FINAL ORDER, OPINION. ETC. , IN REGARD TO ALLEGED VIOLATION OF THE FEDERAL TRADE COMMISSION ACT Docket 902:/. Complaint, March 25, 1975 - Final Order, May 8, 1979 This order, among other things, requires two Michigan corporations engaged in the door- door marketing of various household products, and two corporate officers, to cease allocating customers among their distributors; fixing wholesale and retail prices for their products; taking retaliatory action against recalcitrants; and disseminating price-Hsting data which fail to advise that price adherence is not obligatory. Respondents are additionally prohibit- ed from misrepresenting potential earnings and other relevants to prospective distributors. Appearances For the Commission: Joseph S. Brownman, D. Stuart Cameron Mary Lou Steptoe, B. Milele Archibald and Michael Goldenberg. For the respondents: Lee Loevinger, Philip Larson and Robert J Kenney, Jr., Hogan Hartson Washington , D.C. and John E Stephen, Ada, Mich. COMPLAINT Pursuant to the provisions of the Federal Trade Commission Act (15 U. C. 41 et seq. and by virtue of the authority vested in it by said Act, the Federal Trade Commission having reason t" believe that the parties listed in the caption hereof and more particularly described and referred to hereinafter as resp"ndents, have violated the provisions of Section 5 of the Federal Trade Commission Act, and it appearing to the Commission that a proceeding by it in respect thereof would be in the interest of the public, hereby issues its complaint, stating its charges as follows: PARAGRAPH 1. Respondent Amway Corporation, Inc. -
1 Regulating Direct Sales at the Edges of Labor And
THE PYRAMID PROBLEM: REGULATING DIRECT SALES AT THE EDGES OF LABOR AND CONSUMPTION, 1972–1982 JESSICA BURCH UNIVERSITY OF UTAH On September 28, 1972 Walter Mondale stood before the U.S. Senate and declared the pyramid sales plan “the ‘consumer fraud problem of the 1970s.’”1 The Democratic Senator from Minnesota claimed the U.S. was “in the midst of an epidemic of vicious chain selling enterprises, which [have] taken over $300 million in investment money from the American public.” Pyramid sales organizations, according to Mondale, practiced: A wide variety of deceptive, high-pressure sales techniques . to recruit new investors, including the planting of shills in the audience, who prominently display wads of large bills and promise the potential investor that the road to easy riches is at hand . with the result that the potential investors cannot make a rational choice.2 Americans across the country had fallen victim to schemes purporting to sell burglar alarms and long-distance calling cards, lease payphone booths, peddle membership in discount travel and purchasing clubs, and market various (often non-existent) consumer products. According to one estimate, American investors lost more than $1 billion to Ponzi and pyramid schemes in 1976 alone.3 The U.S. already had some state-level regulations in place to police Ponzi schemes. As in Charles Ponzi’s plan to invest in international stamps in the 1920s, a Ponzi scheme recruited individuals to “invest” in an organization or security with the promise of unusually high interest, sometimes upwards of 100%. Early entrants into the scheme received the promised return, which 1 Walter Mondale quoted in Congressional Record: Proceedings and Debates of the 92nd Congress, Second Session. -
Using a Hybrid Securities Test to Tackle the Problem of Pyramid Fraud
Fordham Law Review Volume 88 Issue 5 Article 17 2020 Using a Hybrid Securities Test to Tackle the Problem of Pyramid Fraud Corey Matthews Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Securities Law Commons Recommended Citation Corey Matthews, Using a Hybrid Securities Test to Tackle the Problem of Pyramid Fraud, 88 Fordham L. Rev. 2045 (). Available at: https://ir.lawnet.fordham.edu/flr/vol88/iss5/17 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. USING A HYBRID SECURITIES TEST TO TACKLE THE PROBLEM OF PYRAMID FRAUD Corey Matthews* This Note examines federal securities law as a tool to deter and regulate illegal pyramid schemes. Pyramid schemes are among the most prevalent forms of consumer fraud in the United States and they victimize thousands of individuals every year. The rise of the internet and social media has made it even easier for pyramid promoters to target potential recruits, often those who are already particularly vulnerable to consumer fraud. The federal securities laws have proven to be robust regulatory tools against pyramid schemes. However, the test used by federal courts to determine whether a scheme meets the definition of a security has produced uncertainty and inconsistency in the law. This Note proposes that when pyramid schemes are alleged, federal courts should apply a hybrid securities test that incorporates aspects of risk capital analysis. -
In the United States Court of Appeals for the Fifth Circuit ————————————————————— JUAN RAMON TORRES; EUGENE ROBISON
Case: 14-20128 Document: 00512821163 Page: 1 Date Filed: 10/30/2014 No. 14-20128 In the United States Court of Appeals for the Fifth Circuit ————————————————————— JUAN RAMON TORRES; EUGENE ROBISON, Plaintiffs-Appellees, v. SGE MANAGEMENT, LLC; STREAM GAS & ELECTRIC, LTD.; STREAM SPE GP, LLC; STREAM SPE, LTD; IGNITE HOLDINGS, LTD; ET AL., Defendants-Appellants. ————————————————————— On Petition for Review from the United States District Court for the Southern District of Texas, Houston Division, Case No. 4:09-CV-02056 ————————————————————— REPLY BRIEF OF APPELLANTS ————————————————————— Michael K. Hurst James C. Ho John F. Guild Robert C. Walters GRUBER HURST JOHANSEN HAIL Prerak Shah SHANK LLP GIBSON, DUNN & CRUTCHER LLP 1445 Ross Avenue, Suite 2500 2100 McKinney Avenue, Suite 1100 Dallas, Texas 75202 Dallas, Texas 75201-6912 Telephone: (214) 855-6800 Telephone: (214) 698-3100 Facsimile: (214) 855-6808 Facsimile: (214) 571-2934 Vanessa J. Rush STREAM ENERGY 1950 Stemmons Freeway, Suite 3000 Dallas, Texas 75207 Telephone: (214) 800-4464 Facsimile: (214) 560-1354 COUNSEL FOR APPELLANTS Case: 14-20128 Document: 00512821163 Page: 2 Date Filed: 10/30/2014 TABLE OF CONTENTS Table of Authorities .................................................................................................. ii Introduction ............................................................................................................... 1 Argument..................................................................................................................