9-23-2016 More information about motions just filed! <CLICK HERE> to view.
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Hearing November 1, 2016
9/15/2016 - JUST IN! New date set for the hearing:
The following details just took place on Wednesday see below:
Wednesday, September 14, 2016
29 New misc Substitution of Counsel Wed 3:10 PM
SUBSTITUTION OF COUNSEL D. Loren Washburn replacing Edwin S. Wall as counsel on behalf of Charles David Scoville, Traffic Monsoon. (Washburn, D.)
28 New notice Notice of Hearing Wed 1:10 PM
AMENDED NOTICE OF HEARING : (Notice generated by ss) Motion for Preliminary Injunction RESET for 11/1/2016 at 10:00 AM in Rm 8.200. Hrg reset at req of counsel. (ss)
Charles Scoville 9/13/2016 4:15am
People are asking for an update. Well, the Preliminary Injunction isn't until the 23 of Sept.
I will just say this though. My attorney is very clear what a ponzi is. Ponzi is where someone says invest with them and they'll give you some sort of return. Let's say this person is telling you that if you invest $100 with them they will return to you $120 in 6 months (let's say). When 6 months comes, this person will need to give you your $100 back plus $20. But where did they get that $20 from? In a ponzi the operator needs more investors to pay the earnings guaranteed to investors. Earnings already rewarded on paper, but they need to gain more investors so they can handle requests to be paid back the investment plus interest. The point is, the amount of earnings given to people could not ever possibly be paid.. not all at once!
Traffic Monsoon has done nothing of this sort. There is no mention of any returns at all! Period! There's no guarantee, there's no promise. There's no promise to pay anything more than what someone's earned. That's where it's not actually a ponzi at all. There's no investment offered on the website. There's no guarantee of returns. No one needs to buy more services to cover the earnings people have already earned. Everyone could be paid full account balance at once!
The fact is the SEC should known that. The SEC has received reports from me about the business, and I provided full outline of how much is on member accounts balances totals far less than the money available. There was something like $30 million MORE existed. So even if everyone was paid out every bit of their earnings, there would be $30 million MORE on top of that.
So where is this a ponzi? It's not.
So not only is Traffic Monsoon not offering an investment, but Traffic Monsoon is not operating as a ponzi. By very nature there is more than enough money to pay everything people have earned. So how is that a ponzi? It's not.
Charles Scoville 8-6-2016 - Quiet Long Enough!
I've stayed quiet about the PayPal legal situation. I'm going to open up about it now. I've been called a liar about having an attorney through the PayPal limitation. I did, but as much as this is written, there are many details left out which if you knew would only prove more fully the genuine good intentions I have always had for every single member of traffic monsoon.
When this happened, first of all-- what a shock. Beyond belief. Everything was going so well, and I was in Dubai to grow the business into additional parts of the world meeting with leaders from various countries in that part of the world. While meeting with individuals there, I was registering the business in Dubai, working with the Direct Sales Association in Dubai to train our members how to distinguish a good opportunity from a scam (which would help people sell TM services better and more correctly), and also many other things. We had a group in London, UK among other countries which was working together to open a bank (not account) for traffic monsoon. Suddenly, the vast majority of the companies assets were being held by PayPal.
PayPal said they had to part ways with Traffic Monsoon because of such great groth in such a short amount of time. They said in this transition period they would allow sales to continue to pass through PayPal, but they had to turn off any money from going out - but those funds would be accessible fully after 180 days, and review would be done each 30 days whether they could release any funds early.
Completely shocked, my whole brain shut down. I was in despair. I knew of the impact of not paying people. I knew that losing PayPal would be very damaging even if people were told PayPal parted ways because of such fast growth. How to turn this into a positive and retain customers?
Since plans were already in motion to open a bank and secure company assets there to avoid this sort of thing, it was decided to turn this situation into a positive. Inform people of the bank plans, and time expectation for this to be completed as given to me by this group of people already working on the plans. I knew it would take 6 months to get all money out from PayPal, but also relied upon PayPal releasing some funds each 30 days. We could transition those funds into the bank, and payout members on cards issued by Traffic Monsoon.
After releasing the news, I went to work trying to help ensure members didn't have to wait 6 months to get paid. Among all the people we met with, there were a few people who seemed genuinely that they could help. Amin Forati positioned himself as someone who could help with PayPal. He believed he could get all the money out with the help of his international contacts within the UN, senators, and various other connections he has within the banking world. The only way he could pull this off was if he was made CFO of the company. Contract was drawn up to include percentage of revenues of the company, he was made CFO, and then time passed. It didn't appear anything was going on. It didn't appear he was doing anything. Time was of the essence, and we needed to find solution urgenty. Since he was bombarded by emails.. and many people contacting me accusing him of lying about his ambassadorship for Malta, and picking into the claims presented by Mr Amin Forati about his background-- plus in additional nothing actually being done to resolve the PayPal issue, but a lie he created about $3 million being released in a month; which never happened.. I had to let him go without pay, and felt the contract was null and void since he truly didn't do anything he was contracted to do... and therefore I was not obligated to pay him anything at all.
Shez and Arfeen Khan came to Dubai with the sole desire to help resolve this issue. They said they could help secure a loan for $15 million and everyone would get paid, and the business could move forward. I was excited. The loan would carry an extra couple million when paid back, which I was prepared to sacrifice the reserves withheld within PayPal to cover that extra expense. I believe saving the company and getting members paid was the #1 priority.
One of the next meetings with Shez and Arfeen they introduced the man who they said could carry the loan forward. His name was Thomas. After speaking with Thomas, showing him the PayPal account with money, the email from PayPal saying they would release the money in 180 days, and convincing of how there is no risk -- his main objection was not trusting PayPal.
Thomas believed he could actually solve the problem, though. He had many business connetions throughout the world, including the USA, who he believed could be very beneficial to helping me either get money from PayPal, or restore the relationship with PayPal completely.
Shez and Arfeen Khan wanted to be paid $150,000 if I wanted to have any contact with Thomas or work with him to resolve the problem being faced because of the PayPal limitation. They explained this is not a referral fee, but a cost for finding solution to the problem. They wanted to work long-term with Traffic Monsoon and also receive % of company revenues for their work they would pour into Traffic Monsoon.
They sent me an email indicating that if I send them $150,000 -- they would secure a loan for $15 million, and I could work with Thomas to resolve this issue. Thomas wasn't meant to know about this whole arrangement, but pressure was placed upon me to hurry and find a solution. Basically it felt like I was with my head a noose, and there was someone saying they would cut me down only after I paid a large some of money to them.
I was thinking of the members. I didn't want to spend money I would prefer sharing with them instead. I also wanted to protect the business so it would be in operation. I was also thinking that I didn't really have much money in my bank to pay this fee, and tax season had just started-- so I was crunched for time to raise money to pay taxes if I were to enter a deal such as this. I wanted to feel there were guarantees, but there didn't appear to be any guarantees. So I opened up to Thomas about this, and he said he'd pay the $150,000 himself so he can at least get started on resolving the matter at hand. I truly didn't have this kind of money to pay, because of taxes I would need to pay, and desire to send any remaining money in my bank to Payza to pay people while awaiting for funds from PayPal.
Long story short. Agreement was entered. Discussions took place. But it turns out, there was no loan for $15 million. They wanted to setup allied wallet to get cash flowing into the company, because with sales history I wouldnt need a loan from anyone. So we began setting up Allied Wallet.
Work was done together in the group, but in reality-- not much was truly accomplished. It took extra time for setting up Allied Wallet because we had gone through back channels rather than signing up free as a normal person. Those delays and set backs could have been avoided working directly with Allied Wallet from the start and following their normal application process.
We also were being told we needed to use swifler which was positioned would help reduce risk on having chargeback volume increase among different payment gateways. To set this up I needed to send a wire for an amount to pay for development of this and integration. It would take an additional transaction fee when processing Allied Wallet. After thinking through this, I realized we don't need swifler because we could integrate Allied Wallet directly, and save the buyer the extra fees. It truly appeared this whole swiftler thing was engineered to simply grab at the sales volume processed by Traffic Monsoon.
In the end, there were so many delays to get Allied Wallet up and running-- plus fees that had to be paid to Allied Wallet for them to build systems they didn't have before. I wired them money to complete the developement of those systems. Meanwhile, more delays existed. More to be said about that some other time!
While in Dubai, Shez and Arfeen connected me up with a man named Thomas Oye, who had contact with Jordan Simons in the USA who claimed to have connections with the CEO of PayPal, and could setup a conference call to see if we could work this all out. We discussed an talked through strategies. The conference call with the CEO of PayPal was scheduled a couple of times but fell through, and eventually never even happened. Jordan said that he has contact with people not only within PayPal, but very powerful and influential people who could help me get funds out of PayPal. He said he believed he could get at least 1/2 of the funds out of PayPal probably within a couple of weeks. He asked if I would like that? Well, of course! I want to pay the members! He also said he believes in my business model, and wants to help build it up- bring on strategic partners- and generate billions of dollars in sales for my company over the course of the next 18 months. He asked if I would like that? Of course! I want to strengthen the business and benefit the members! This would help establish the company, move into additional markets, make more money for the company to be shared with the people clicking on ads in the traffic exchange! Why not!?
So they lined me up with an attorney to hit PayPal like a hammer named Dennis Burke. He was a former US attorney appointed by Barak Obama. He had experience with working in the Department of Justice. He reviewed the business plan, and believed he could truly help. The plan was to use his legal services, file a lawsuit, serve a demand letter, and launch a massive media campaign which would make this whole story appear on the front pages of business sections all across the country-- so the CEO of paypal would see this as he drank his morning coffee. Then, this contact of the CEO of PayPal would rush in to urge Dan (the CEO of PayPal) to hurry and resolve to mitigate reputational damanges for PayPal. Jordan also said he believed with such large impact upon my business and its members, we could go after PayPal for damages around $200 million.
Then, he said all this help is on the table for me... but it wouldn't be available unless I signed a contract. They first wanted a percentage of funds they released from PayPal, plus a percentage of gross receipts of sales they brought into the company. After agreeing verbally, they put together a written contract. Which basically said they wanted percentage of funds released from PayPal, $200K per month, plus percentage of gross sales receipts. I asked them to remove the $200k per month, because the sales they wanted to drive would make this $200k a drop in the bucket. They agreed, and drew up the contract. I signed. I wanted what he was offering for the benefit of the members, and to save the company for everyone to benefit from for years and years to come.
Through time working with Dennis Burke, Jordan Simons, and Kenin Spivak - we experienced a lot of delays filing the lawsuit and issuing the demand letter. Finally the demand letter was sent, but it wasn't coupled with a lawsuit and also not including a full-on media blitz. There were some clauses within PayPal's terms of service which required us to discuss with PayPal's legal team the issues, and make requests. We had to try to gain resolution without a lawsuit, and attempts had to be 30 days. After trying that route, we were then gearing up to file for the lawsuit. Dennis had scheduling conflicts, and there were many other things going on too for me. Finally, it was discovered that even though Dennis Burke said he could help with going after PayPal, he actually didn't have jurisdiction. So we had to retain additional attorneys.
But what I started to notice is-- these influential connections both inside of PayPal and business professionals that could pull off a release of funds from PayPal was nothing more than attorneys they would have me hire and pay for. So why did this group Kenin and Jordan with their groups deserve to be rewarded funds released from PayPal if the actual work being done to pull this off were by these attorneys? I felt this was a tricky little scam they had setup to take money from the company without actually working for it. So I started following up asking what they are working on.. what they are doing... who they are connected with and what they are doing to pull off a release from PayPal? Not any solid answers. So, I stopped communicating with them. I felt the whole thing was a scam. Merely a grab at the money I could give to members who actually are helping the business, not pay to greedy business people who weren't actually helping me with the business.
This group didn't help increase sales. This group didn't help get funds out of PayPal, but only referred me to some lawyers who I had to pay individually to help me, and even they didn't believe in a sure win. But, after taking a break for some time and seeing pressure from the group to act quickly on getting these attorneys, I wired money to another attorney law firm to get this going, but since I took a break and explained to them that I thought this might be a scam -- they said I missed my window of opportunity for pursuing PayPal, and the people who would help me no longer wanted to help... but I still owed these people money for working. I decided not to pay anyone at all any more related to this, and just wait for PayPal to release the funds. The strangeness of all this was too much, plus there were many other things going on within the company also needing my attention.
So I said ok-- please let me know what work you have done, and bill me for that work. They didn't agree. They wanted a percentage of the company revenues, and percentage of what PayPal releases. I said no: absolutely not. We need to work out something more fair according to the work done. They resisted and said that they need to be paid according to what's in the contract. So, they filed lawsuit.
Their contract was crafty NOT to say funds THEY released from PayPal; only funds PayPal released. Their contract also DID NOT say revenues THEY brought to the company; written to reward them percentage of sales revenues. I didn't agree with paying them anything, and felt tricked and scammed. I didn't disagree with paying them for the work they had done.. I just wanted to know what work was done, how many hours, and pay them accordingly.
Since Arfeen and Shez spent time talking with us about the paypal issue, and referred me to Thomas.. and setup Allied Wallet.. they wanted to get paid too. Allied Wallet never setup a way to payout through Allied Wallet, so they were a one-way payment solution. Money only went INTO allied wallet, and never came out. They also never sent me any money to my bank. They took in over $9 million in sales, and never let members or the company have any bit of it. It appeared to me they faked "chargebacks" and assessed "fines" to take money unto themselves. People were blocked from TM for these chargebacks and credit card fraud, but then we had evidence provided to us from members who were blocked that they did not initiate a chargeback, and also never received any refund like Allied Wallet said they had received.
But, in this introduction to Thomas--- no loan took place. Allied Wallet was setup, but completing this actually didn't happen for a long long time after I left Dubai, plus this Jordan group which came as a referral from Thomas ended up ripping me off and suing me.
Only more problems came because of what Arfeen and Shez actually did, than any good.... and they wanted to get paid? Shez received word that I settled with the Jordan group, and wanted me to settle with him too since there was a contract. I just wanted to put all this behind me and move on, since there was a contract. I figured I'd pay, see if Shez and Arfeen could actually benefit the company in growing it, making it better, but I had to wait for funds to be released from PayPal.
With the funds being released from PayPal, I was going to settle on these 2 contracts to avoid any future legal problems and clear the company from being held down by anything related to them, send the funds released from PayPal to payza and release the pending balances and pay people. I was so excited.
Then, the SEC filed their lawsuit and placed temporary restraining order on the funds to be used.
Everyone wanted a piece of the money. All I have wanted to do is pay the members what they had earned. Even now the SEC and receivers are taking a piece of the money for themselves, and the members are still unpaid what they have earned. There is more than enough money available to pay people what they have earned, but now it's all locked under key of the receivers, and the SEC has no intention of allowing me to use that money to pay people what they have earned.
Justice will come. Might not be in a court room, but God has a way of working things out in the end. People with evil intentions might believe for a time they have won, and it might appear as though they have... but through time... God has a way of turning things in a good direction for those with the good intentions in their heart who truly didn't do anything wrong... and turn things in a bad direction for those who have bad intentions motivated by greed. Whether or not this will be seen through the legal process is yet to be known, but I have full faith in God that no matter what happens in the "NOW" that in time the good will prevail either in this life or hereafter, and the bad will be severely punished both in this life and the hereafter.
The only thing offered on Traffic Monsoon for sale is advertising service. When buyers make a purchase, they receive the service they have paid for.
#1 point: The member is providing a service to TM and getting paid for surfing.
#2 point: There isn't anywhere on the website telling people to invest. Only telling people of the service they would receive, and "surf" rebate (which comes from the sales of ad services) they could qualify for but not guaranteed to receive anything. Similar to a mail in rebate when meeting qualifications, by surfing a minimum number of ads in the traffic exchange they would qualify themselves to receive payment which was derived from the sales revenues which had been processed from the sales of services 24 hours ago or more.
#3 point: There is more money available to pay everyone than what they have earned.
#4 point: PayPal limitation crippled the company's ability to pay, and purchase services through outside advertising sites. Allied Wallet also crippled that ability, and the company depended upon the paypal release to deliver the services faster.
#5 point: the company is truly profitable, and it is only from the profit margins the company pays -- the company is not operating itself further and further into debt. It is not operating at a profit loss.
#6 point: the amount on member accounts would only be given from money already received 24 hours or more ago-- so there would never be a debt ever created.
#7 point: It doesn't matter which service is purchased the most. The profit margins are even bigger on the adpack purchase.
#8 point: People purchase paid-to-click ads, and it's from the money paid for that ad which goes to the clicker. Same thing with people who purchase the adpack service. Money paid for the service goes to the clicker.
#9 point: There would NEVER be an amount paid which exceeds the amount of real money already received in ad service sales. Every account balance is always fully backed up with real money that truly exists to pay the member.
#10 point: Not only does the website NOT tell people to invest, it further places expectation to the buyer that any purchase with Traffic Monsoon is NOT an investment, and that it is a purchase for ad service only without any guarantee of income.
#11 point: services truly are delivered through multiple external advertising resources
#12 point: I've simply said hey- traffic monsoon couldn't exist without customers and surfers. So if you purchase an adpack the company will provide you the service you paid for.. and if you provide the service of surfing through people's websites and review what they want to display, you'll be paid for the service you provide to traffic monsoon from the profit margin of the sales of these services. The amount of these rewards depends upon the sales, so the amount is not constant, and not guaranteed to be anything at all.
Charles Scoville 8-5-2016
The site is down. I have no control over that. None. I can't get this fixed. The receiver will need to. In case you didn't know, there is a Temporary Restaining Order (TRO) UNTIL OUTCOME IS REACHED which places all assets of mine and the company in the hands of a receiver. For now, everything is in the power of Peggy Hunt @ Dorsey 801.933.8947Update from Charles & Attorney: 8-3-2016
Charles Scoville - 8-3-2016
An update of what's going on. My attorney has contacted the SEC to setup a meeting. The earliest the SEC could meet is next week. I also want to tell you that throughout settlement discussions until resolution, nothing is going to be published by me about what's happening through those talks. The goal of the resolution for me is to protect me, my relationship with my wife, son, and family, to protect the business as a whole, to protect the customers, and protect each member individually.
I know this is important for you. It's important for me. I want to get through this as quickly as possible, but I also recognize there is a process to this. We'll get through it.
To answer some questions:
- It is of NO assistance to send anything to the judge. That's not the way the process works.
- No one knows how long it will take until resolution is reached, but the goal is as quickly as possible. Realistically, I believe we could be looking at 180 days from now due to chargebacks and disputes-- unless the SEC can be proven wrong that Traffic Monsoon isn't offering an investment, and adpack buyers are customers, not investors. If we can do that, then I believe resolution should be able to be reached much faster, and the available funds would be released and made available to pay you what you have earned.
- No one knows what the resolution will be, but whatever it is-- it'll be favorable to you one way or another.
- Yes, you can help. Send Sunil advertising statistics on Traffic Monsoon to help display that the services sold on Traffic Monsoon are real. His email is: email@example.com
- Participation with his affidavit could also help illustrate that people who purchased adpacks knew they are customers and not investors - especially since it was clearly published on the purchase page that this service purchase is not an investment.
Thank you for all who are keeping it real! Traffic Monsoon is not offering an investment. Traffic Monsoon is not offering any financial products. Traffic Monsoon is offering advertising services. Traffic Monsoon is offering to deliver these services through multiple different traffic exchanges and paid-to-click sites. My videos and my website do not tell people to invest and receive returns. I recognize not everyone can understand everything, but I have done my best to make sure the offer as it is presented is for advertising services, and ad services only... but also tell these people that I want active members in the traffic exchange, so if the adpack buyers choose to actively click a minimum number of ads in the traffic exchange, I'll reward them for their activity from the profit margins of the services sold on the website. I never promise to pay their money back- in fact in the terms of service there's a no-refund policy.
Site Functions: - 8-1-2016
- Some of the site functions will not work at this time no withdrawing, purchasing, and revenue share has been stopped.
- The traffic exchange still works so you can click ads and assign the credits.
- We will continue providing updates regularly on this subject matter and keep members as informed and updated as quickly as possible.
Charles Scoville - 7-28-2016
I've had a very positive and constructive conversation with the SEC today, and they explained to me they have every intention to work out resolution with me without having to go through litigation. They said this is their experience almost all the time. They've moved the hearing until 23 Sept 2016 to give us plenty of time to work out settlement resolution. I stressed with them my priority at this point is to make sure that the people who have purchased the adpacks get the money that's owed to them. They told me that we'll sort out the plan for accomplishing that, and I'll work with the receiver to make sure everyone gets paid what is due through the resolution as quickly as possible. I outlined a plan for determining amounts to be paid. I told them that speed in getting this done is important, and to place urgency in carrying out this step. I know people want to get paid as soon as possible, so I even suggested a plan I believe this could be carried out nearly immediately. The next step is making sure the business can move forward from here without a revenue sharing position, still providing quality services, and still create a way for people to earn money by surfing ads.
Charles Scoville July 27 at 8:46pm
Here's the heart of the matter according to the SEC. Since people who buy an adpack - yes it's a service - also receive a sharing position, which brings about an expectation from the buyer of the adpack to share in revenues through clicking ads through the traffic exchange... it's their interpretation that this is a security. In their words, they are saying that since the buyer expects a return by clicking ads it makes the purchase an investment. Even though TM has always said they aren't receiving a return, but simply qualifying to share in revenues by clicking on ads.. it's their opinion and interpretation that TM is offering an unregistered security.
So, for example- ClixSense offers an upgrade. By upgrading the buyer would receive more guaranteed ads per day. Basically, by upgrading they would have return on their investment having more ads to click and get paid from clicking.
Neobux offers an upgrade. By upgrading, the buyer would receive more guaranteed ads per day. Basically again- by upgrading the member would have more return on their investment because they would have more ads to get paid from clicking.
So when you look at Traffic Monsoon, and speak evil against it.. showing the SEC filing.. basically what you are seeing is that people who buy an adpack can click more ads and earn more from clicking than free members who click through the traffic exchange for free, or simply click on cash links alone.
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