2012-160
Washington, D.C., Aug. 17, 2012 – The Securities and Exchange Commission
today announced fraud charges and an emergency asset freeze to halt a
$600 million Ponzi scheme on the verge of collapse. The emergency action
assures that victims can recoup more of their money and potentially
avoid devastating losses.
The SEC alleges that online marketer Paul Burks of Lexington, N.C.
and his company Rex Venture Group have raised money from more than one
million Internet customers nationwide and overseas through the website
ZeekRewards.com, which they began in January 2011.
According to the SEC’s complaint filed in federal court in Charlotte,
N.C., customers were offered several ways to earn money through the
ZeekRewards program, two of which involved purchasing securities in the
form of investment contracts. These securities offerings were not registered with the SEC as required under the federal securities laws.
The SEC alleges that investors were collectively promised up to 50
percent of the company’s daily net profits through a profit sharing
system in which they accumulate rewards points that they can use for
cash payouts. However, the website fraudulently conveyed the false
impression that the company was extremely profitable when, in fact, the
payouts to investors bore no relation to the company’s net profits. Most
of ZeekRewards’ total revenues and the “net profits” paid to investors
have been comprised of funds received from new investors in classic Ponzi scheme fashion.
“The obligations to investors drastically exceed the company’s cash on hand, which is why we need to step
in quickly, salvage whatever funds remain and ensure an orderly and
fair payout to investors,” said Stephen Cohen, an Associate Director in
the SEC’s Division of Enforcement. “ZeekRewards misused the power of the
Internet and lured investors by making them believe they were getting
an opportunity to cash in on the next big thing. In reality, their cash
was just going to the earlier investor.”
The SEC’s complaint alleges that the scheme is teetering on collapse
with investor funds at risk of dissipation without its emergency
enforcement action. Last month,
ZeekRewards brought in approximately $162 million while total investor
cash payouts were approximately $160 million. If customers continue
to increasingly elect to receive cash payouts rather than reinvesting
their money to reach higher levels of rewards points, ZeekRewards’ cash
outflows would eventually exceed its total revenue.
Burks has agreed to settle the SEC’s charges against him without
admitting or denying the allegations, and agreed to cooperate with a
court-appointed receiver.
According to the SEC’s
complaint, ZeekRewards has paid out nearly $375 million to investors to
date and holds approximately $225 million in investor funds in 15
foreign and domestic financial institutions. Those funds
will be frozen under the emergency asset freeze granted by the court at
the SEC’s request. Meanwhile, Burks has personally siphoned several
million dollars of investors’ funds while operating Rex Venture and
ZeekRewards, and he distributed at least $1 million to family members. Burks
has agreed to relinquish his interest in the company and its assets
plus pay a $4 million penalty. Additionally, the court has appointed a
receiver to collect, marshal, manage and distribute remaining assets for
return to harmed investors.
The SEC’s investigation was conducted by Brian M. Privor and Alfred
C. Tierney in the SEC’s Enforcement Division in Washington D.C. The SEC
acknowledges the assistance of the Quebec Autorite des Marches
Financiers and the Ontario Securities Commission.
Source: http://www.sec.gov/news/press/2012/2012-160.htm