U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 23988 / November 16, 2017
Securities and Exchange Commission v. Pedro Fort Berbel et al., Civil Action No. 17-CV-23572-FAM (Southern District of Florida, Complaint filed September 28, 2017)
Agency Obtains Court Order to Stop "Ad Packs" Ponzi Scheme
The Securities and Exchange Commission is warning investors to beware online "paid-to-click" scams that promise an easy payday by merely purchasing a membership or an advertising product up front and then clicking on a certain number of online ads each day.
The SEC's investor alert explains that these online advertising programs may have little to no revenues besides membership fees or sales of "ad packs" and may be nothing more than a Ponzi scheme. The SEC filed an enforcement case that was unsealed last week in federal court in Florida, alleging that roughly 99 percent of the purported "profits" paid to earlier investors came directly from the buy-in fees collected from newer investors. Meanwhile, according to the SEC's complaint, the alleged perpetrator siphoned several million dollars out of investor funds to purchase a luxury home, automobiles, and private plane charters while also using the money to fund his other businesses.
According to the SEC's investor alert, online advertising programs also can target those with something to advertise, promising to display a company's ads on their network or guaranteeing traffic to a website by simply paying a membership fee or buying ad packs.
According to the SEC's complaint filed against Miami-based Pedro Fort Berbel and his company Fort Marketing Group, they operated fraudulent internet advertising businesses under such names as Fort Ad Pays, The Business Shop, and MLM Shop. They allegedly solicited investors through online posts and videos claiming they could share in the companies' profits and earn investment returns as high as 120 percent by purchasing an ad pack for as little as a dollar and clicking on four banner ads per day. The SEC alleges that Berbel and Fort Marketing Group raised more than $38 million from at least 150,000 investors.
The SEC's complaint charges Berbel and Fort Marketing Group with violating Sections 5(a), 5(c), and 17(a) of the Securities Act and Section 10(b) and Rule 10b-5 of the Securities Exchange Act. They're also charged with selling investments that are not registered with the SEC as required under the federal securities laws. The SEC encourages investors to check the backgrounds of people selling them investments. A quick search on the SEC's investor.gov website shows that Berbel and Fort Marketing Group are not registered to sell investments.
The SEC obtained a court-ordered asset freeze against Berbel and his companies.
The SEC's investigation was conducted by Sajjad Matin, Cecilia Danger, and Margaret Vizzi of the Miami Regional Office and supervised by Jessica Weissman. The SEC's litigation will be led by Wilfredo Fernandez and Andrew Schiff. The SEC appreciates the assistance of the Florida Office of Financial Regulation, Bureau of Financial Investigations. The investor alert was prepared by M. Owen Donley III and Holly Pal in the SEC's Office of Investor Education and Advocacy.