Why Colon End Parenthesis is in Serious Trouble with the SEC

[Ferret]

Why CEP is in Serious Trouble with the Law (http://www.colonendparenthesis.net/forum/viewtopic.php?t=3291&sid=1f55594fccaffac7c29d924ce61aeb60)

boxcars
Joined: 19 Mar 2007
Posts: 7
Posted: Sun Jun 03, 2007 8:58 pm Post subject: Why CEP is in Serious Trouble with the Law

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I've only been with CEP actively for a few months. What immediately intrigued me was that admin Trevor was not hiding behind a pseudonym from some untraceable location--that fact alone in my mind gave a great deal of credibility to CEP.

Anyone that would put their picture up on the net, as well as make their physical location fairly easy to track down, was more than likely either a really naive scammer, or either someone with good intentions.

That said, I threw some money in CEP.

But knowing what I know about US investment laws and the various State and Federal agencies that regulate and enforce those laws, I could find no basis for the claims that CEP were making that they were not violating US law.

What especially perplexed me at the time, after reading through all the posts on the forums, was that Trevor ostensibly had ongoing legal counsel.

I was thinking how could a lawyer let CEP operate in clear violation of US law? Either this lawyer was incredibly stupid, or was in way over his head and neglected to refer CEP to competent attorneys who could give proper counsel.

The specific statute CEP has broken is the Investment Act of 1933 ( http://www.sec.gov/about/laws/sa33.pdf )

Anytime a company takes your money and offers you a return, US law is very clear--various filings and registrations must be submitted to the SEC.

Exactly what filings and registrations depends on the type of investment activity and how it is being offered to the public. Again, peruse the the sec.gov website to get a feel for what is required. Corporate attorneys make millions doing all this paperwork--its expensive and requires constant oversight to jump through all the legal hoops to be in compliance with the law. (Try reading and understanding all the fine print in the prospectus your mutual fund is required by law to give you when you invest with them.)

This is quite a serious matter and if CEP's attorney told Trevor that CEP was exempt from the Act, then CEP has a good case of pursuing a civil case for damages against that attorney for professional negligence. At the very least, Trevor should make a complaint against his legal counsel to the State Bar Association.

I had considered posting a while back on why I thought CEP, despite the good intentions of Trevor, was clearly in violation of US law, but I was not up to the effort of having to defend my position against the almost certain barrage of opposition I would encounter.

Almost everything I have read in hyipland about the SEC or US law is grossly incorrect and its evident most of the stuff out there is designed to prey on either people's ignorance and or their fear of big government. Most of the posts in this forum show that even US citizens don't understand the function, purpose and mandate given the SEC by the US Congress.

What is the SEC?

First, the SEC does not have the power to just go around doing what they please, as a lot of people are stating. Like any instrument of government, power can be abused and in some instances this has no doubt occurred with the SEC.

One of the primary functions of the SEC, which is a federal agency, is to enforce existing federal laws regarding investments and securities, or investigate if any laws have been broken.

The SEC doesn't make the law. The laws are legislated by the US Congress, which are duly elected to office by US citizens.

I suggest that those who wish to learn more, go to sec.gov--there is a wealth of information there and it will do you good to use the brain God gave you to work through some of that stuff. I would suggest one start with http://sec.gov/about/whatwedo.shtml --an overview of what the SEC does.

In addition to the SEC, which is a federal agency, there are also government agencies on the state level that oversee financial and investment activity within their individual state. In some states, the Secretary of State or the Attorney General's office perform this function. In other states, such as PA, its simply called the Pennsylvania Securities Commission.

What does the SEC informal investigation of CEP mean?

What the SEC may well be doing now is not just investigating CEP, but gathering enough evidence to be able to prosecute a case in a court of law. Contrary to what many say, the SEC cannot just go and shut you down because they don't like you.

SEC attorneys first have to go to a federal court judge and show him they have evidence of the laws being broken. For example, statements from individual CEP investors that they put a certain amount of money into CEP, could be part of the evidence shown to a federal judge in order to show probable cause that a crime was committed. (Some CEP members have already been contacted by the SEC.)

If I know that CEP has broken the law, the SEC also knows that.

Calling this an 'informal investigation' is like the police calling someone a 'person of interest'--the police don't have enough evidence to prove you did anything bad, but they are getting ready to.

Furthermore, there is no wiggle room here. You cannot declare yourself exempt from US law or think you can argue you are not offering investments because you are calling it a 'loan', an 'upgrade' or a 'buy-in'. US courts have consistently agreed with the SEC's contention that all of these devices are a subterfuge and that in actuality are indeed securities being offered for sale.

If it walks like a duck and quacks like a duck, its a duck.

Now exactly what the SEC will do about CEP I'm not sure, as they have a lot of power and resources to pursue you if they are so inclined. As CEP is into the millions now, I would assume they will devote a lot of time to this. I'm not an expert in US investment law or in dealing with the SEC-- Trevor needs to get a big time law firm that specializes in this area to work through this and even then may be buried in a landslide of legal court actions leveled against the company.

The very fact that this current 'informal investigation' is being done on the federal, as opposed to the state level, does not bode well for CEP in my opinion.

Though I'm not optimistic CEP can survive, I hope it does.

Peace to all.

[Ferret]

A blast from Colon End Parenthesis not so distant past
and a few words of wisdom from Trevor Reed about his views on the word "invest"

http://web.archive.org/web/20060207125809/www.colonendparenthesis.com/plans.php

Current Server Time: Feb 07, 2006 5:58:06 am

Members: 161
Verified: 131
Invested: $9656.5
Paid Out: $1807.5
Levels 1,2: $5638.5


I use the word ?invest? here lightly...for US tax purposes and for business purposes, any money you put into the company is considered membership fees and anything withdrawn is considered earned income.

Thus, you aren?t really ?investing? money and earning ?interest?.

You?re actually paying a fee for the possibility of earning more money back.

So, if I slip up and use other words, please understand I mean them in the pre-said sense.
:)

[Ferret]

Financial investing advice from Trevor E. Reed

http://web.archive.org/web/20060207125843/www.colonendparenthesis.com/recommended.php


I recognize that some of you enjoy autosurfing, and?though you want to invest some of your funds with us?you also opt to spread your funds out into other surfs, as well.
This is wise, and I do encourage this. For that reason, and by request, here are the links of the sites I personally trust...I am endorsing them as sites that have earned my trust, but please realize that my trust does not make them function.

If they fail, I plead guilty in an error of judgment, but I beg you would not hold me accountable for any monies you may entrust to them...just a thought. ;-) Anyway, here are the ones currently paying me:

10 Daily (http://web.archive.org/web/20060207125843/http://www.tendaily.com/?ref=1906)
12 Daily Pro (http://web.archive.org/web/20060207125843/http://www.12dailypro.com/?ref=77889)
PajamaSurf (http://web.archive.org/web/20060207125843/http://www.pajamasurf.com/?ref=6509)
Alien Trust (http://web.archive.org/web/20060207125843/http://www.alientrust.com/?ref=18978)
My Cash Trader (http://web.archive.org/web/20060207125843/http://www.mycashtrader.com/?ref=1787)
Knight Surfers (http://web.archive.org/web/20060207125843/http://www.knightsurfers.com/?ref=4088)
eProfitsurf (http://web.archive.org/web/20060207125843/http://www.eprofitsurf.com/?ref=4326)
Auto-surf.biz (http://web.archive.org/web/20060207125843/http://www.auto-surf.biz/?ref=7854)
Exekosurf (http://web.archive.org/web/20060207125843/http://exekosurf.com/?ref=4108)
911hitz (http://web.archive.org/web/20060207125843/http://911hitz.com/?ref=6212)
Grandhits (http://web.archive.org/web/20060207125843/http://grandhits.com/?ref=10566)

For some matrix-type programs, check the Cash Santa and Plan4Power to the left...and then check here!

Online Earning Center (http://web.archive.org/web/20060207125843/http://onlineearningcenter.com/members/healinjesusname)


Here is the link to old versions of Colon End Parenthesis
http://web.archive.org/web/*/http://www.colonendparenthesis.com

Here are the first websites
http://web.archive.org/web/*/http://www.healinjesusname.ws/

healinjesusname is Trevor E. Reed s name on MoneyMakerGroup

[Ferret]

SEC Called My Friend Today (http://www.colonendparenthesis.net/forum/viewtopic.php?t=3303&sid=a3015ea84866dc59d52de588dd5a7ba0)

newcomb5
Joined: 16 Jan 2007
Posts: 99
Location: Bramwell, WV
Posted: Mon Jun 04, 2007 8:35 pm Post subject: SEC Called My Friend Today

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My friend was new to cep in the last sign up week.
He made a moderate deposit a few days before the freeze.
He received the SEC email the first day others started reporting.

Today, he called, left a message.
He received a call back from a woman with the SEC.
She said it was just an initial investigation.

She asked how he had learned about the program,

had he checked it out,

did he have any paperwork from CEP,

did he think it was a ponzi,

did he know where investments were made (He said he thought it was mostly in real estate).

He answered with basic answers.

He said he invested because a trusted friend had shared that it was a good opportunity and didn't she go by advice from friends that she trusted.

She asked if he would be willing to fill out some paper work. He said yes. He is waiting for it. When he gets it, he will let me see it. I'll let you know when it comes.

If others have been contacted, it will be interested to compare notes.

Steve in WV

PS I just saw my friend posted (brownman):)

[Webwatch]

did he think it was a ponzi
A bit of a strange question to ask.
I can think of 4 possible answers to this one:
a: no
b: yes
c: whats a ponzi
d: stutter and fumble and mess your words up for a while then ask do you think I need a lawyer.

Or just ask if you can phone a friend.

[Ferret]

A bit of a strange question to ask.
I can think of 4 possible answers to this one:
a: no
b: yes
c: whats a ponzi
d: stutter and fumble and mess your words up for a while then ask do you think I need a lawyer..
Why is it a strange question for the SEC to ask
a ponzi participant if he knew he was getting into
a ponzi?
Makes perfect sense to me and just reinforces that
it is all over for CEP.
The SEC informal investigation will be very FORMAL
very soon after the SEC gets its paper work back
and they mull it over a little bit.
I give the SEC to the end of the month to make the
big announcement.
What a bitch to just "invest" your money due to your
"trusted friends" advice and get it frozen.

brownman has NO paperwork from CEP and he does NOT
know where investments were made.......

Case over.........GUILTY!

It really isn't that complicated if you do not have
blinders on.
boxcars summed it up flawlessly until he came to the
final conclusion and that's what happens when you
have money at stake.....you go blind!

Though I'm not optimistic CEP can survive, I hope it does.

PS: boxcars
Kim Inman / YMMSS did NOT hide behind a pseudonym from
some untraceable location yet he ran a ponzi for a few years
before he stopped paying

I doubt if you will be making that mistake again, eh?

[Ferret]

Spoke with SEC today (http://www.colonendparenthesis.net/forum/viewtopic.php?t=3302&postdays=0&postorder=asc&start=15&sid=3e2a519024abb6b53b60c20f4efe4187)

PCsByBob
Joined: 03 Mar 2007
Posts: 122
Posted: Tue Jun 05, 2007 8:33 pm Post subject:

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How are they [SEC] getting our email addys?
Hey PCsByBob

The SEC has the whole CEP database

Trevor Reed gave it to them.....

They know who is in profit and who has lost money

And finally, I've mentioned this many times, but just again, Trevor very carefully made sure he had all your financial information and has very good records of who and where you are. (http://www.talkgold.com/forum/showthread.php?t=103441&page=120)

Kentucky law is explicit about ill gotten gains and fraudulent profits, the State is REQUIRED to seek disgorgments, so if the first agency to come out and lock the doors is not the federal government but the Commonwealth of Kentucky, you can count on having to pay back all your profits (plus 12% interest!), so I'd be putting a little of your winnings aside.

PCsByBob
Joined: 03 Mar 2007
Posts: 123
Posted: Tue Jun 05, 2007 9:51 pm Post subject:

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Trevor gave up our personal info???

Was that voluntary or would Ms. SEC have to have a court order for it?
_________________
G'day folks!

http://www.amf1989.com/?ref_id=XXX Earn 25% with honest admin!

http://www.coastin88.com/index.php?ref=XXXX
Good question PCsByBob

Why don't you ask Trevor if you can find him

[MatrixWatch]

CEP gave their member database to the SEC? How are the members responding to this?

I would think that a site admin would lawyer up and defend members of a program from a gov't investigation. Heck, even the ISP providers did that.

If anything this highlights yet another risk of getting involved with these sorts of schemes. Law enforcement can end up having you on their records for it. :(

[Accountant]

Tell Bob that Trevor did indeed turn over all their information voluntarily, as has been noted ad nauseum on the sheep forum, the difference between an informal investigation and a formal one boils down to being able to compel testimoney instead of volunterring information. In short, Trevor decided to offer up the database before they came back with a court order and demanded it, where I come from, we used to call that "throwing someone under the bus"
Congratulations, Sheep, the dreaded SEC has all your information now.

[MatrixWatch]

What do you think the implications are of the SEC having the customers' info? I'm assuming, of course, that they were given more than just a list of names.

And why would the SEC want this?

[Accountant]

After reading the “original” CEP site, I’m more convinced I have an idea about how all this happened. Trevor and friends lost a few chunks of change in HYIPS themselves, as evidenced by his own listing of programs he trusted (and are any of them still even around???) and decided, as some do, that the best way to make money in HYIPs is to start your own. AS the original site makes clear, in the beginning they weren’t making any noise about being a “private program” there is even a post in there somewhere about where the sheep could promote the scam, would you believe. I think Trevor got a few pounds sterling in and decided to try to cut off the growth before things got out of hand, and then they went private. Not being able to find an exit strategy that didn’t involve non-extraditable countries and needing more cash to sustain the current sucker base, he opened up for new investors, and began the diversification into surfs, processors etc…

Trevor has said some really dumb things that time has swept under the rug, remember him saying there was a bank wanting to use CEP for all their original capitol??? Every time he has mentioned the SEC he’s been lying, at least up until he said they were investigating him anyhow. How many verbal circles has he talked about CEP Trust not needing the licenses that every other money processor in the USA needs in order to operate.

Anyhow, every time the cash runs low, he finds a new cash flow….start a surf, start a second surf… (And why in the world would any “family of companies” need more than one????) start a processor, buy a failed company… admit more new suckers as a last resort. Trevor has a huge and growing monkey on his back, he needs to suck in new cash, but every time he does he incurs HUGE liabilities, albeit his cash problems are immediate, his newer liabilities are longer term.

The SEC isn’t looking for honest intentions; they are doing what the law requires them to do, to wit:

1) Determine if this was promoted to the participants as an investment

From their point of view, it is. Money was sent in with the intention of more being returned with the minimal participation of the one who sent the money. The legal test here is did individual investors have control over the pooled funds, and clearly they did not. The only legal finding here can be YES.

2) Was the investment offered to the public


Again, YES. Whatever hoops they try to claim to the suckers, SEC Regulations stipulate that if there are more than 100 beneficial owners of an enterprise, it is in fact a Public Offering, there are a lot of other rules about being private, but having over 100 members makes all the rest of them not worth mentioning. If the SEC picks 101 members at random and all of them call them back and say “Yes I invested and I just LOVE them, too!” the SEC has a prima facie determination of guilt, without any further investigation needed. They have in fact done just this at least once, and while it ended in a consent decree where everyone holds his nose and “does not admit to any wrongdoing” it did put them out of business.

3) Was the Public Offering registered properly?

Well, not even Trevor has claimed this, in one of his rare moments of truth, he has said that they are not registered with the SEC, although he blows the almost successful attempt at telling the truth by say that they do comply with the SEC regulations (which say you must be registered, and the rest of them tell you how you must be registered….so which ones is he in fact complying with????)

That’s all there is kids, the feds will ask these questions and based on the answers given will decide to continue or not. If Trevor is smart, he’ll take the offer, but that still leaves him with a lot of other agencies he needs to please that unlike the SEC can file CRIMINAL charges against him, and at that point at least one person will file a suit to get his money back (important rule of Civil Procedure, first one with a Judgment gets paid first, if all the money is gone before you get YOURS, you get to pick the dead carcass of a Bankruptcy Estate, so “File Suit Early, File Suit Often” is a good way to get paid most!

Ugly, and gonna get a lot worse before it gets better, too. My favorite side bet to cheer for now is that Skye, Pamela, and MOBOKING etc… get caught up in it, a few of them in prison and bankrupt would do a lot to discourage brainless cheerleading in other programs.

[Accountant]

What do you think the implications are of the SEC having the customers' info? I'm assuming, of course, that they were given more than just a list of names.

And why would the SEC want this?

As part of the consent decree, they will seek the appointment of a reciever, and though no law compels it at the federal level, the reciever will have fiduciarly duties to the people who LOST money (he has no responsibilites at all to the ones who are in profit), because of these fiduciary responsibilites, and of course because it does add to his fees, he will seek disgorgements from the winners.
The SEC would have asked for the complete database, for two reasons, one, in any investigation the more info you get the better, and secondly, while things are still "friendly and informal" few scammers have the guts to say no if asked, and the SEC will go to a judge if you refuse, so when they have the names, they have the database. That's why I liken it to being thrown under the bus, because the legal damage to the scammer is that he has the database at all, the actual data in it is only damaging to the people whose data it is. A decent lawyer can prevent them from getting it for a while at least, as much as a few years, but that costs a lot of money and the scammer is not going to spend that moeny to protect the victims, he's already toast and his lawyer has already told him that. His legal advice right now is "do whatever they ask, aquittal is already out of the question, we're trying to get a settlement that doesn't mean you go to jail". If they have the names without a court order, they generally have all the information you've ever sent to the scam.
Remeber, the SEC can only sue you, not put you in jail, and the consent decree that stipulates "not admitting any wrongdoing" is crucial when you get the call from the FBI or the FTC or the State Police, ie: people who can put you in prison. Without that consent decree, they have to prove everything all over again and though it's not a percentage play, without it they do have an admission of guilt, hard to use that in a plea bargain.

[Ferret]

Colon End Parenthesis - www.colonendparenthesis.com, 150%, 15 Days - E-Gold (http://www.moneymakergroup.com/Colon-Parenthesis-www-t26321.html&st=2730)

I recently joined CEP but I never dared put any money in because I knew the rising popularity was going to raise some eyebrows.

At this point, it is not going to matter how nice of a guy Trevor is or how real his investments are because the SEC doesn't care whether CEP is based on real investments or a ponzi. Anyone that thinks that CEP can fully recover from this is seriously deluding themselves. :yes:

The SEC already ruined my life years ago and now I see they are doing the same to all CEP members.:head: :head: :head: :rolleyes:

Hope is usually a good thing but when the SEC gets involved, it is better to face reality and move on because the false hope can wear you down emotionally.:rolleyes: I have been involved in 15 paying programs since 1983 (mostly offline) that the SEC has shut down and not one of them ever recovered.:head: :head: :rolleyes:

Just remember next time to avoid US based programs that routinely recruit more members. Don't get caught up in "but I know they are using real investments" arguement because the FEDS don't give a rats behind about that.:rolleyes:

Words of wisdom from a ponzi scam junkie

I knew nothing about CEP when I joined. An online friend actually told me about it and said I could join for free. When I learned of the large returns and the fact that it was US based, I knew from experience to avoid putting any money in it. I wish it could have lasted longer for the current members, as I didn't expect the FEDS to interfere this fast. I think the recent membership drive and the fast growing popularity doomed CEP.

I'm a christain myself, but I find mixing christianity and business, especially THIS business, a bit creepy, and I don't blame anyone else who thinks so too. There was someone else who use to do that, flaunting the Lord's name around here, and it used to make my skin crawl.

I respect CEP for the fact that they ran this thing longer than a year... even survived the StormPay scam, the only one that did... and on that alone, my hats go off to them.

This whole SEC thing could be a lie. Maybe it isn't. If it isn't, I don't think I've ever heard of any program in this arena surviving an SEC probe. Maybe they'll be the first, maybe they won't. Maybe it's a scam, maybe it isn't.

But it lasted for a year, people who got in on the ground floor made a killing, and if you're a ponzi player, unless you're just one of those self-righteous anti-ponzi freaks, you got to respect that.

A so called Christian Ponzi Player on moneymakergroup.com where Trevor "Christian" Reed promoted CEP as "loveinJesusname" :rolleyes:

How much did Trevor "Christian" Reed and his "Christian" Father Earl, "Christian" girlfriend Ginger etc make on this ponzi?

PS:CEP only had a few members and not much money
when StormPay had a "problem" so surviving it was no
big deal.....

Hey Trevor Reed
Yes Jesus used to hang out with thieves and hookers but
he did not start his own whorehouse or get into crime

All you true believers on the CEP Forum keep praying for me to
find the lord......
I missed last Mondays prayer sesssion

CEP is by no means "doomed"! This is an informal [SEC]investigation. Hopefully we will know something by the last week of June. I think CEP will come out of this strongerI'll throw this comment in to be "balanced" and show the level of delusion by the typical CEP member

The only thing he is correct about is the last week of June

[siska]

:) :) :)

[siska]

A so called Christian Ponzi Player on moneymakergroup.com where Trevor "Christian" Reed promoted CEP as "loveinJesusname"

A:Well that's his forum name like you have ferret,brad,truthinjesusname etc

How much did Trevor "Christian" Reed and his "Christian" Father Earl, "Christian" girlfriend Ginger etc make on this ponzi?

A:Some people like to post their real name Not like some animals name like
you :Ferret von Snitch

PS:CEP only had a few members and not much money
when StormPay had a "problem" so surviving it was no
big deal.....

Hey Trevor Reed
Yes Jesus used to hang out with thieves and hookers but
he did not start his own whorehouse or get into crime

A:Well you are Right.But even in that time Jesus was attact and acuse
by some Snitches,ferrets and any other Low live Creatures.
And He say: I Forget you!
Hey Ferret von Snitch you can copy and paste This:) remember this?
__________________

Must be really lonely in Snichwille for you:)
Have nice day ferret von Snitch
PS: Please Don't forget to post Your real name,your gilfriend name(if you have
one)your dad name (i thing he will kick your asset)
Have nice day ferret von Snitch somebody loves you like :) weeasel :)

[Ferret]

I loves you Siska :)

[siska]

I loves you Siska :)
Well I don't deserve this:)
But with your fast responce(posts) You sometimes Forget about that Q:
Real name etc.Tell me your Real name ETC:)
Have nice day FVS
Must be really lonely in Snichwille for you
Have nice day ferret von Snitch
PS: Please Don't forget to post Your real name,your gilfriend name(if you have
one)your dad name (i thing he will kick your asset)
Have nice day ferret von Snitch somebody loves you like weeasel

[Accountant]

I'm not goin g to ttell you my real name, but when the court documents from this scam become public records, I'll certainly have YOURS.

[Ferret]

CEP gave their member database to the SEC? How are the members responding to this?Most are going "baa, baaa, baa" as usual but a few of the more rational are a 'little upset"

I would think that a site admin would lawyer up and defend members of a program from a gov't investigation. Heck, even the ISP providers did that.The main difference is obvious, ISPs have not
committed any crimes and will not get future customers
if they get a reputation for releasing info without a court order.
Trevor Reed is doing whatever he can to save himself from a
longer prison sentence.

If anything this highlights yet another risk of getting involved with these sorts of schemes. Law enforcement can end up having you on their records for it. :(
Realistically I don't think it is a big deal if you have not made a
profit and you will need to give the SEC your info to recover a %
of your "investment" in Colon End Parenthesis.
However those like goomba, divitime, 077770 who have made
a killing on CEP definitely have a lot to worry about...

[mercinary]

Good afternoon all.

I've got a personal favor to ask. Those who are involved with CEP are less likely to come here if we refer to them as "sheep". How about we open up our arms to them rather than calling them a name? Gaining their support and making Matrixwatch a friendly place to come talk about their experience is in the best interest of us all I think! Think about it, more people to discuss the issue with!

-Merc

[Accountant]

Well, I'm of two minds about it. First, I want to be as respectful as possible, BUT, well, let's see...there are two types of people in these programs, people who don't know any better and thiefs. As the people who don't know any better are nto the ones who post a lot, and when they do they are asking good questions, I'm not referring to them and when I do direct a comment to them I go out of my way to be more polite. But as for the thieves, I don't care about thier feelings, they're stealing money from people, I hold them in a lot of contempt for twisting every little thing they can to try to get a few more suckers to make a deposit, all so they can have jhust one more payday. I've had my person threatened by them, been stalked by some of them, had my profession and education questioned and mocked by them and they turn around and scream for respect from me? Sorry. I'll adhere to the decorum of the venue, and I will of course continue to post relevant facts about how things are going to play out and my own opinion, based on among other things 15 years as a CPA/CFE with a very active corporate fraud practice at AA, but don't ask me to be nice to thieves, they're not so concerned about the people they're stealing from.