Xynergy Corporation (XYNH)

[Cuda426]

Time for a list of Officers and Business Licenses Renewal

[sorkasaur]

What's up in 30 days Cuda?

Delisting?

[Cuda426]

Let the count down begin..30 Days

[oscar32955]

Happy New Year!! Good luck This Year!!

[Cuda426]

Classic small buy at the end of day to pump up the price, after selling tons

[sorkasaur]

WTF?

Why change it back?

[Cuda426]

Name changed back to old name "Xynergy Holdings"

[Cuda426]

Looks like the old new guys ran away.

[bouttime]

New owners have started updating --------- otcmarkets.com

Waiting on news...................

[mick]

[sorkasaur]

Somebody bailed.

I guess the jig is up...........again!

Could we please get a legitimate company to buy this shell people?

Is it so difficult to open a real business?

[bouttime]

Yep. Actually looks like it was hit with two such scammies:

The other being the SEC was shutting it down.

Two things we know for certain, neither has happened as of this post.

Company being shut down,... something happening,... stock fortune-telling? lolololololol

And we wait.........................

[Cuda426]

The new scam got stopped right in its tracks. During its resurgent

[sorkasaur]

Whatever was about to happen...

never did. Dead as a door nail again. Same chit, different day.

[mazo]

This has been one big scam for years now and is still ongoing with some new names.. amazing how Sec just watches..

[Cuda426]

Even 'Cadillac Joe' was caught after being on the run


BAR HARBOR — The owner of a local taxi company faces jail time for his alleged role in a $290-million “pump-and-dump” stock scheme.

Joseph Dervali, 54, of Bar Harbor and Pembroke Pines, Fla., was arrested by Officer Larry Fickett on Monday on an extraditable warrant out of New York State.


Dervali is the owner of Cadillac Joe’s Island Transportation, a taxi company offering transport to the airport, Acadia National Park tours, and other services here. He has been in business for two years, and this year is licensed for three vehicles.

Dervali was indicted in Manhattan Sept. 11 along with seven others for allegedly participating in stock market manipulation schemes which defrauded thousands of investors in penny stocks of approximately $290 million, according to Manhattan District Attorney Cyrus R. Vance.

“These individuals, as alleged in the indictment, are charged with using their position as stock promoters and company insiders to inflate their own profits through fraud and deceit, and at the expense of the investing public,” Vance said. “We will not allow this kind of manipulation to occur in our markets.”

Three men acting as principals in the scheme, which allegedly occurred between April 2009 and May 2012, are accused in the indictment of acting as a penny stock promotion team that conspired with individuals in control of public companies to “pump-and-dump” the companies’ stock. The promoters controlled numerous penny stock websites, Mr. Vance said, from which they promoted the sale of the stocks to thousands of investors.

At the same time, the alleged co-conspirators, including Dervali, acquired public shell companies with which to issue millions of free-trading shares to themselves, associates and family members, in order to control the supply of those shares and drive up the price of the stock. Potential investors were encouraged by the stock promoters to purchase shares in the companies, and as demand rose and the price went up, the defendants allegedly “dumped” their own shares, causing the stock price to plummet leaving investors with nearly worthless investments.

Dervali allegedly worked with several companies involved in the scheme, and was allegedly a member of the group that controlled the supply of those companies’ free-trading shares. Each defendant held significant blocks of free-trading shares, and all later liquidated the shares during the promotional campaign. The defendants allegedly held and sold other conspirators’ shares in order to conceal identities and skirt security regulations.

Dervali is charged with eight counts of scheming to defraud in the first degree and four counts of violating the Martin Act, both class E felonies. Each count is punishable in New York by up to four years imprisonment.

Police here were made aware of Mr. Dervali’s presence as a fugitive from justice by the New York State police before the arrest occurred Monday.

He was scheduled to come before a Hancock County judge on Wednesday for an extradition hearing.

http://fenceviewer.com/site/index.php?option=com_k2&view=item&id=88262:cadillac-joe-is-indicted-in-stock-swindle&Itemid=1708&tmpl=component&print=1

[Cuda426]

More people charged in the pump and dump scam
http://www.nyrealestatelawblog.com/Manhattan-Litigation-Blog/2014/September/PUMPED-DUMPED-290-MILLION.aspx

[sorkasaur]

HE'S TOAST!!

[Cuda426]

No conviction yet.

[sorkasaur]

I realize that Cuda.

But he is now convicted of stock fraud and not allowed to own penny stocks or trade them.

How is he going to get an attorney opinion letter? Especially when the transaction for those Xynh shares have been contested in court?

Not happening.

[Cuda426]

That's two different court cases. And that case is about another stock.

[sorkasaur]

Restricted stock Certificate

In this case, the certs became all but inert compost.

Useless.

6
and course of business alleged herein.
DEFENDANTS
13.
Michael
A. Affa, 34, resides in Toms River, New Jersey. Michael Affa is
Andrew Affa’s cousin
.
14.
Andrew J. Affa, 30, resides in Huntington Station, New York.
Andrew Affa is
Michael Affa’s cousin
.
15.
Mitchell H. Brown, 49
, resides in Long Branch, New Jersey.
16.
Christopher R. Putnam, 37, resides in Charleston, South Carolina.
17.
Christop
her G. Nix, 34, resides in Charles
ton, South Carolina.
THE SCHEME TO MANIPULATE
THE PRICE AND TRADING OF
AND TO PUMP AND DUMP AMOGEAR STOCK
18.
Beginning
or before August 2012
,
and continuing to
at least February 2014,
defendants Mike Affa, Andrew Affa,
Brown, Putnam, and Ni
x planned and participated in
a
scheme to manipulate the stock price and trading of, and to pump and dump, the publicly traded
stock of Amogear. Amogear was a shell company that had been acquired and controlled
by the
CI, who subsequently acted
in an undercover capacity
in concert
wit
h special agents of the
FBI.
In August 2012
the CI held in his office the physical stock certificate for 40,000,000 restricted
shares of Amogear stock.
Because the 40,000,000 shares of stock were restricted they could not
readily be bought and sold.
The
stock certificate
for the shares
had been issued in the name of an
associate of the CI, but
had been
del
ivered to the CI's office by a
tra
nsfer agent pursuant to the
associate’s
instruction
s
. The CI also held a convertible promissory note
through a compan
y he
owned and
con
trolled
which was converted into 17,000,000 purportedly unrestricted shares
of
Amogear stock
between March 19, 2012 and October 29, 2013.
Unrestricted shares of stock
were able to be bought by and sold to investors in the marketplace

[sorkasaur]

Says right here in the complaint: they gotta give it all back. I would imagine he wouldn't try claiming that the 2 year old Xynergy deal was legit. (BTW) it wasn't. This is a dead issue to the new buyers of XYNH, nothing to worry about.

5
manipulative pump and dump scheme
that had been
planned and
was
in the process of
being
implemented by the defendants.
9.
Based on this conduct
, the Commission seeks the following relief against the
Defendants: (i) entry of pe
rmanent injunctions prohibiting all Defendants from engaging in
future violations of
Section 10(b) of the Exchange Act, 15
U.S.C. § 78j(b), and Rule 10b
-
5, 17
C.F.R. § 240.10b
-
5, and Section 17(a)
of the Securities Act
of 1933 (“Securities Act”)
, 15
U.S.C
. § 77q(a)
; (ii) an order requiring all Defendants to disgorge their ill
-
gotten gains and pay
pre
-
judgment interest; (iii) an order requiring all Defendants to pay appropriate civil monetary
penalties; and, (iv) an order barring all defendants from partici
pating in any offering of penny
stock, pursuant to Section 21(d) of the Exchange Act, 15 U.S.C. § 78u(d).

[sorkasaur]

OK,

That makes more sense, I still don't think his shares will be negotiable.
Does it help Mitch that he was indicted for financial fraud.

http://www.sec.gov/litigation/complaints/2014/comp-pr2014-135.pdf

[Cuda426]

Wrong. The Judge ordered a injunction bond (this happens a lot of the time) to be provided by the plaintiff, payable to the defendant, for any damages occurred as a result of an improperly obtained temporary injunction.
The plaintiff never progressed with the case to the courts so a FWOP notice was sent out and no response from the party, so the case and injunction were dismissed.

So if was payable to Mitch Brown:
then that's what he got in lieu of the shares.
The transaction was challenged, that is why Ley posted the bond.
He did not want to complete the deal with him.

[sorkasaur]

So if was payable to Mitch Brown:

then that's what he got in lieu of the shares.

The transaction was challenged, that is why Ley posted the bond.

He did not want to complete the deal with him.

Bouttime is right about the opinion letter, he may never get one.

He has a worthless stock cert and the right to keep the bond money if the judge released it for damages.

If my interpretation is correct, its like when you break a real estate deal and the seller gets to keep the deposit for his troubles..

[Cuda426]

I read the bond, it was payable to the defendant (Mr.Brown) for damages and not the other way around.

[bouttime]

Looks like the bond was in place about a year before the fwop was generated. Probably dropped due to no need to continue to spend money litigating. Anyway, I'm sure one of the attorney's involved could give you the legalese on it. eom.

[Cuda426]

It was a preliminary injunction and the case was dismissed 09/16/2013 for "Lack of Prosecution". In other words the case against Mr. Brown was dropped. See screen capture at bottom

If this is anything to do with Mitch Brown, last time I looked at the Miami-Dade court records online a permanent bond had been put in place with regards to this. He'll never get a legit attorney's opinion letter to sell them

[sorkasaur]

BTW

I needed a lawyers opinion letter to legitimize my shares from Xynergy and it wasn't easy. Took over 3 months of tortuous convincing. But I did get it.

[sorkasaur]

I agree bouttime,

He may hold the cert, but the agreement was disputed before the ink was dry.

I think its a dead deal. To make matters worse, Mitch Brown got indicted for fraudulent transactions too.

Maybe he is taking the anti money laundering course as we speak!

[bouttime]

If this is anything to do with Mitch Brown, last time I looked at the Miami-Dade court records online a permanent bond had been put in place with regards to this. He'll never get a legit attorney's opinion letter to sell them.

[Cuda426]

The case was dismissed about this time last year.
And how can it be said that the person who owns something like 90% of the shares not be the owner?

[sorkasaur]

Yeah, we saw that one.

This is from 2010 when they were scamming another company, not Xynergy.

Then they took the anti-money laundering course!!

I guess it worked. 4 years later, still no indictments, hip hip horray!! Florida must have great course instructors!!

[sorkasaur]

You mean Mitchel Brown?

He may hold the shares, that does not make him the owner of the company.

I never heard who won that battle, did you?

[surfkast]

A good start would be to explain this:

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=105560783

[Cuda426]

I see no info on a new owner. The one who holds the majority of shares, 130 million. Only info on new management. See picture below.
Who holds this is the owner, and as far as I can find out, its the same person as the past.

[integral]

Like buying a house that was the site of a murder, or a haunting...

Explain that to management and shareholders of BofA for Countrywide's past actions as well as management and shareholders of JPM for BS past actions. The actions do not go away.

[sorkasaur]

Technically this is old news:

The new guys who just bought the shell have to separate themselves from the past.

Like buying a house that was the site of a murder, or a haunting...

...be it stupid or brave, at least we have a new group willing to make a go if it.

Nobody on the present list of owners were on the indictment list.

So the benefit of the doubt is with them, let's hope they are legit and know how to overcome the transgressions of others who came before.

A good start would be a PR and some up front disclosure of intentions.

[bouttime]

Let me start by saying, I do not think a lock with happen. Nor was I meaning that it should. Should have put more info in the post but was about to walk out the door. Let me just call it a wasted opportunity at a metaphor.

Anyway, there's a running dialog of message board lawyering, as I've heard it called, about the illegal activity of some formally involved with the company being indicted and how the demise of the company is at hand. And while the first looks to have some hard facts to it, the second looks to be rooted more in hope rather than facts. My earlier point was, yes, it does appear that some who were formally associated with the company in some way have been indicted, but, the company was not indicted for wrong doing as far as I can see nor have any of the names of the new management/owners shown up as having anything to do with what happened -- and that doesn't paint a pretty picture for the "demise" of the company. But, I see nothing wrong if some scrutiny happens to show legitimacy. That's better than me blindly labeling everything systemically good or bad. But as I've stated already, I'll hold judgment until I know more about what's going on,... what someone else does is their business.

[Cuda426]

More info and pics of busted Xynergy stock pump and dump scheme players, Thanks scion from the ihub DD Support Board and Fraud Research team.
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=106252134
Stock promoters, company insiders busted for alleged $290M ‘pump and dump’ scheme

Anthony Thompson, Eric Van Nguyen and Jay Fung allegedly worked with five company insiders to fool investors into buying worthless stocks, while inflating their own profits.

BY Bill Hutchinson /
NEW YORK DAILY NEWS /
Friday, September 12, 2014, 10:52 AM
http://www.nydailynews.com/news/crime/stock-promoters-insiders-busted-alleged-290m-scheme-article-1.1937491

Jefferson Siegel/New York Daily News
Stock promoter Jay Fung (left) appears in Manhattan Supreme Court on Thursday.

A “pump and dump” penny stocks scheme the cheated investors out of a $290 million led to the arrest Thursday of eight people, the Manhattan prosecutors said Thursday.

Three stock promoters allegedly conspired with five company insiders to hoodwink people into making worthless investment.

“These individuals ... are charged with using their positions as stock promoters and company insiders to inflate their own profits through fraud and deceit,” said Manhattan District Attorney Cyrus Vance Jr.

“We will not allow this kind of manipulation to occur in our markets,” he said.

The three promoters — Anthony Thompson, 38, Eric Van Nguyen, 30, Jay Fung, 40 — used websites they controlled to send email blasts promoting the penny stocks, Vance said.

The suspects worked five others to gained control of public shell companies with available shares and merged them with new, private entities, according to an indictment.

Jefferson Siegel/New York Daily News
Anthony Thompson is another stock promoter who was allegedly part of the scheme.

The corporate insiders then issued millions of shares to themselves, associates, friends and family to pump up prices, according to prosecutors.

Once investors were duped, the suspects then liquidated, or “dumped” their own shares leaving the stock nearly worthless, the indictment charges.

Thompson of Bethesda, Md., Fung of Delray Beach, Fla., and Van Nguyen of Quebec, Canada, were hit with felony counts of criminal possession of stolen property, grand larceny and scheme to defraud.

Others indicted were Hanna Schmieder, 39, of Los Angeles, Kenneth Oxsalida, 59, of Sebring Fla., Joseph Dervalli, 54, of Pembroke Pines, Fla., Luz Rodriguez, 47, of Miramar, Fla. and Christopher Baleeiro, 31, of North Bay Village, Fla.

http://www.nydailynews.com/news/crime/stock-promoters-insiders-busted-alleged-290m-scheme-article-1.1937491

[integral]

What is the point of being a public company if it cannot access capital? A global lock from DTCC will doom this company. The continual change of names does not help in hiding its past. This issuer is nothing but a liability. Even as a shell, it is toxic, and carries a contingent liability. This globe is vast and opportunities are endless, this issuer is a path of road blocks and risk.

[mazo]

Previous Ceo's Emas.. Brinkworth were involved in this Scam previously and it just kept changing names and getting passed to next set of Con's.. Attorney General and Sec are alerted of all involved..Eas is also involved with other companies s well and was charged with Securities fraud. Emas also listed in Vancouver Sun Hall of Shame.

[bouttime]

Yes, anyone knowingly involved in a scam I believe their should be stiff consequences. I also believe their should be equally stiff consequences for anyone making stuff up attempting to hurt someone or something.

I believe if the good for all man kind is to be evoked as a mantra, it should be evoked equally.

[AnG5640]

"TRADING IS CONSIDERED ILLEGAL.."

And why exactly would that be?

[Cuda426]

Xynergy new address leads to a stock Promotion website called "The Money Train"

https://www.themoneytrain.com/
https://www.facebook.com/ride.the.money.train

1655 Palm Beach Lakes Blvd.
10th Floor, Suite C-1005
West Palm Beach, FL 33401

[Cuda426]

I just hope everyone who made money on this scam has to pay it back. They have records of who pumped and sold their shares.

I remember those days.. Waiting on the EPA, Fake mileage tests, telephone problems. And dont forget the wine and waiting on the labels

[Cuda426]

Prosecutors in NYC Indict 8 in Stock Fraud Case
Sep 11, 2014, 6:49 PM ET
Four of eight people charged in a penny stock "pump and dump" scheme that defrauded $290 million from thousands of investors were arraigned on Thursday following a two-year investigation.

Anthony Thompson, 38, of Bethesda, Maryland, Jay Fung, 40, of Delray Beach, Florida, Hanna Schmieder, 39, of Los Angeles and Kenneth Oxsalida, 59, of Sebring, Florida, all pleaded not guilty before Judge Roger Hayes in in state Supreme Court in Manhattan.

Thompson, Fung and another stock promoter sent out email blasts from websites they controlled promoting stocks to potential investors while working with others in the scheme as they allegedly took control of public shell companies, merged private companies into them, then transferred millions of shares to themselves and drove up the price of the stocks, prosecutors said.

Once they controlled the shares, prosecutors said the defendants then sent out press releases promoting companies such as Xynergy Holdings Inc. and Mass Hysteria Entertainment Co. but cashed their shares before the stocks plummeted.

But Thompson made clear he was a paid advertiser of the stock, not a boiler room broker, who had lawyers review disclaimers in the emails that clearly stated he had been compensated to promote the stocks, said his attorney, Maranda Fritz.

Thompson, who was released on $1 million bond, settled related charges stemming from a Securities Exchange Commission case in Florida in 2012.

One his co-defendants in that case, described by Fritz as the ringleader of the operation, is now working with New York prosecutors.

"We've done nothing wrong," she said.
http://abcnews.go.com/US/wireStory/prosecutors-nyc-indict-stock-fraud-case-25443161

[bouttime]

If that's needed to make it run legitimately so be it.

[janice shell]

The problem is that it will very likely be determined that most of the o/s was illegally issued. If so, at the very least DTC will put a global lock on the stock.