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FACT! OTCBB CONFIRMS 8.3M SHARES DILUTED LAST 3 MONTHS! LOLOLOLXZXZXLOLZZZ
COX NOW HAS AN AVERAGE OF 690,000 SHARED OF DILUTION PER WEEK!
Outstanding Shares
114,215,911
10/01/2020
Outstanding Shares
122,507,519
01/04/2021
WHY IS COX DILUTING THE O/S BY 690,000 PER WEEK?
Q4 WEEKLY DILUTION ALL TIME HIGH OVER 690,000 PER WEEK
As many of us have discussed here, the endless weekly dilution continues to accelerate at a rate much faster than many expected.
The growing out of control debt load and losses now exceeding $60,000 per day will force the company into bankruptcy. The chart proves that buyers see no value in this scam and the endless lies from the CEO.
FACT! OTCBB CONFIRMS 8.3M SHARES DILUTED LAST 3 MONTHS! LOLOLOLXZXZXLOLZZZ
COX NOW HAS AN AVERAGE OF 690,000 SHARED OF DILUTION PER WEEK!
Outstanding Shares
114,215,911
10/01/2020
Outstanding Shares
122,507,519
01/04/2021
COX is now issuing over 630,000 shares avg per week of new dilution every week for the entire Q4...this kind of accelerating dilution is a huge RED FLAG! Something is VERY WRONG with SCURG-O-RAMA!
ANOTHER RED DAY FOR SCURG-O-RAMA!
CEO BRIAN COX PAST INDICTMENT FOR WIRE FRAUD LINK
https://www.newson6.com/story/5e3632a32f69d76f62051959/oklahoma-cell-phone-company-owner-arrested-on-fraud-charges
They're accused of funding their lavish lifestyles with your hard-earned money funneled through a government program.
The Department of Justice charged three men in an alleged scheme to defraud the government-subsidized cell phone program called Lifeline of millions of dollars.
One of the men indicted, "owns a cell phone company," operating in Oklahoma.
It's not unusual for the owner of a cell phone company that takes government subsidies to have many different companies in different states, and that's the case here.
11/4/2013 Related Story: FCC Proposes $33M In Fines Against Cell Phone Companies Providing Lifeline
Prosecutors say all three men charged in the federal case created a cell phone company and turned in false reports to the government which gave them $32 million in subsidies.
The men are accused of 15 counts of wire fraud, false claims and money laundering.
The feds say the men used the program, designed to provide cell phones to the poor, to make themselves millionaires, buying a Lamborghini, a Mercedes, a Cadillac Escalade, an Audi R-8, a corvette, a limo, a private jet and a boat, among other things, all of which the government now wants to repossess.
One of the men indicted is Kevin Brian Cox, the owner of True Wireless which we've reported on here in Oklahoma for allegedly breaking the Lifeline rules.
While its owner, Cox, is named in the federal indictment, his alleged crimes are connected to a different company.
True Wireless, his Oklahoma company, is not part of this case and prosecutors haven't answered my questions as to whether it could eventually be included.
Surge Holdings Inc. files its SEC filings to say:
"At the level of operations, the Company HAS TO borrow funds
to meet basic operating costs."
LMAO! No misunderstanding at all!
Completely UNDERSTOOD!
The facts will be posted here everyday until this scam is shut down!
CEO BRIAN COX PAST INDICTMENT FOR WIRE FRAUD LINK
https://www.newson6.com/story/5e3632a32f69d76f62051959/oklahoma-cell-phone-company-owner-arrested-on-fraud-charges
They're accused of funding their lavish lifestyles with your hard-earned money funneled through a government program.
The Department of Justice charged three men in an alleged scheme to defraud the government-subsidized cell phone program called Lifeline of millions of dollars.
One of the men indicted, "owns a cell phone company," operating in Oklahoma.
It's not unusual for the owner of a cell phone company that takes government subsidies to have many different companies in different states, and that's the case here.
11/4/2013 Related Story: FCC Proposes $33M In Fines Against Cell Phone Companies Providing Lifeline
Prosecutors say all three men charged in the federal case created a cell phone company and turned in false reports to the government which gave them $32 million in subsidies.
The men are accused of 15 counts of wire fraud, false claims and money laundering.
The feds say the men used the program, designed to provide cell phones to the poor, to make themselves millionaires, buying a Lamborghini, a Mercedes, a Cadillac Escalade, an Audi R-8, a corvette, a limo, a private jet and a boat, among other things, all of which the government now wants to repossess.
One of the men indicted is Kevin Brian Cox, the owner of True Wireless which we've reported on here in Oklahoma for allegedly breaking the Lifeline rules.
While its owner, Cox, is named in the federal indictment, his alleged crimes are connected to a different company.
True Wireless, his Oklahoma company, is not part of this case and prosecutors haven't answered my questions as to whether it could eventually be included.
He is either mentally ill and is happy living in makes believe world created by his endless lies and delusions of being a big shot CEO....or he is 100% pure evil and enjoys gaining peoples trust and shaking their hands only to stab them with the other...take your pick!
WHEN A CEO REPEATEDLY LIES ABOUT A NASDAQ LISTING....AND USES SHAREHOLDER MONEY TO CREATE A FALSE STAGED PHOTO SESSION...THEN PAYS OVER $100,000 FOR A FAKE NEWS RELEASES TO BE POSTED IN TIMES SQUARE....THEN AFTER ALL THAT HE QUIETLY REMOVES ALL OF IT FROM THE WEBSITE...IT'S EASY TO UNDERSTAND WHY HE WAS ARRESTED FOR FRAUD AND WILL EVENTUALLY END UP IN JAIL...
Branded Cities advertising has multiple "packages" for people like COX who wants to get a picture of their ticker on the NAZ Tower in Times Square... http://bcus.brandedcities.com/markets/ny/ COX likely took something like the minimum one time 15 second deal for $100-$200k that comes with a picture he can use to put on the company webpage...but just like all the other paid and staged CEO infomercials ...they mean nothing if nobody is buying your copy cat junk!
Warning Signs of Dilution
Because dilution can reduce the value of an individual investment, retail investors should be aware of warning signs that may precede potential share dilution, such as emerging capital needs or growth opportunities.
There are many scenarios in which a firm could require an equity capital infusion. It may simply need more money to cover expenses. In a scenario where a firm does not have the capital to service current liabilities and can't take on more debt due to covenants of existing debt, it may see an equity offering of new shares as necessary.
The Dangers of Share Dilution
https://www.investopedia.com/articles/stocks/11/dangers-of-stock-dilution.asp
COX is now issuing over 630,000 shares avg per week of new dilution every week for the entire Q4...this kind of accelerating dilution is a huge RED FLAG! Something is VERY WRONG with SCURG-O-RAMA!
Whats misunderstood is that DILUTION numbers are represented by the total OUTSTANDING SHARES DIFFERENCE month to month regardless of who buys and sells shares. The transfer agent does not care if insiders buy or not..they report the TOTAL ISSUED SHARES and do not care about ownership. Why is the O/S important? because ISSUED shares are the number used to determine earnings and market cap. All otcbb listed companies are REQUIREDto have their non biased transfer agent report the monthly total O/S. This creates the transparency that expose's scam so that claim their is no dilution while CEO's and other officers play games with bullshit insider buys.
The monthly Outstanding shares are tracked and posted here each month to avoid any misunderstanding of the massive accelerating dilution that is occurring and will continue to exposed and a daily basis.
So clearly the Transfer agent number reflect the issued and outstanding shares have increased by 8,291,608 which is the LARGEST Quarterly dilution to date and reflects a weekly avg of over 630,000 new shares being issued each week for the entire Q4...
https://www.investopedia.com/ask/answers/011315/what-difference-between-authorized-shares-and-outstanding-shares.asp
Outstanding Shares
114,215,911
10/01/2020
Outstanding Shares
122,507,519
01/04/2021
UPDATED LIES AND BULLSHIT NEWS! WOWSA!
*****COMPLETE LIST OF FAILURES! YOU DECIDE!*****
HERE IS THE COMPLETE WALL OF SHAME OF EVERY BULLSHIT PUMP NEWS...ALL LIES AND BULLSHIT!!!!
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01/24/2018 Surge Blockchain Signs Contract for Oklahoma Utility Payments
https://surgeholdings.com/2018/01/24/surge-blockchain-signs-contract-oklahoma-utility-payments/
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01/30/2018 Surge Blockchain Revenue Dashboard
https://surgeholdings.com/2018/01/30/surge-blockchain-revenue-dashboard/
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02/13/2018 Surge Blockchain names Wayne Carroll the Midwest Regional Sales Manager.
https://surgeholdings.com/2018/02/13/surge-blockchain-names-wayne-carroll-midwest-regional-sales-manager/
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05/22/2018 Surge Alert: Surge Android Is Now Google Certified!
https://surgeholdings.com/2018/05/22/surge-alert-surge-android-is-now-google-certified/
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05/29/2018 Stonewall, Oklahoma becomes the first rural town to implement SurgePaysTM Blockchain transaction platform.
https://surgeholdings.com/2018/05/29/stonewall-ok-signs-loi-to-implement-surge-blockchains-surgepays-platform/
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06/13/2018 Surge Holdings has selected Amazon Web Services (AWS) as it’s BAAS (Blockchain as a Service) provider.
https://surgeholdings.com/2018/06/13/surge-selects-aws-as-technology-partner/
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07/27/2018 SurgePhone announces first shipment of 20,000 proprietary wireless devices — the SurgePhone Volt_5XL
https://surgeholdings.com/2018/07/27/surgephone-announces-first-shipment-of-20000-proprietary-wireless-devices-the-surgephone-volt_5xl/
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07/30/2018 SURGE HOLDINGS ANNOUNCES AGREEMENT WITH OKLAHOMA GROCERS ASSOCIATION
https://surgeholdings.com/2018/07/30/surge-holdings-inc-announces-agreement-with-oklahoma-grocers-association/
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08/07/2018 CEOLive.tv Interview With Surge Holdings CEO Brian Cox
https://surgeholdings.com/2018/08/07/ceolive-tv-interview-with-surge-holdings-ceo-brian-cox/
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10/09/2018 Surge Holdings Inc. Signs Multi-Million Dollar MOU with Pastime Foods
https://surgeholdings.com/2018/10/09/surge-holdings-inc-signs-multi-million-dollar-mou-with-pastime-foods/
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11/06/2018 Updated 2018 Surge Holdings Inc. ShareHolders Guide
https://surgeholdings.com/2018/11/06/updated-2018-surge-holdings-inc-shareholders-guide/
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11/19/2018 Surge Holdings CEO Brian Cox Discusses Centercom Global on Money TV
https://surgeholdings.com/2018/11/19/surge-holdings-ceo-brian-cox-discusses-centercom-global-on-money-tv/
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11/28/2018 SURGEPAYS™ 2.0 RELEASE
https://surgeholdings.com/2018/11/28/surgepays-2-0-release/
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12/20/2018 SURG and PNTV to stake a claim to the projected $22 Billion CBD industry to distribute Green Leaf PURE CBD products into over 40,000 retail locations.
https://surgeholdings.com/2018/12/20/surge-holdings-players-network-announce-joint-venture/
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12/27/2018 SURGE CLOSES 2 LINES OF CREDIT
https://surgeholdings.com/2018/12/27/surge-holdings-closes-2-lines-credit/
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01/09/2019 SURGE LAUNCHES FREE UNLIMITED WIRELESS PLAN NATIONWIDE
https://surgeholdings.com/2019/01/09/surge-launches-free-unlimited-wireless-plan-nationwide/
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02/25/2019 SURGE CEO BRIAN COX ON MONEYTV
https://surgeholdings.com/2019/02/25/surge-ceo-brian-cox-on-moneytv/
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02/28/2019 SURGE HOLDINGS PARTNERS WITH AATAC TO PLACE SURGEPAYS™ BLOCKCHAIN PORTAL INTO 40,000 RETAIL LOCATIONS.
https://surgeholdings.com/2019/02/28/surgeholdings-partners-with-aatac/
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03/06/2019 SURGE HOLDINGS INC. FILES APPLICATION FOR UPLISTING TO THE NASDAQ CAPITAL MARKET
https://surgeholdings.com/2019/03/06/surge-holdings-inc-files-application-for-up-listing-to-the-nasdaq-capital-market/
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THIS IS WHEN THE STOCK PPS PEAKED AT .95 WHEN COX SAID THEY HAD FILED FOR NASDAQ WHICH 2 YEARS LATER STILL IS 100% BULLSHIT BUT WHY WOULD THAT STOP COX FROM THE ENDLESS BULLSHIT!
04/18/2019 SURGE HOLDINGS GRANTED KEY TRADEMARK BY THE UNITED STATES PATENT AND TRADEMARK OFFICE
https://surgeholdings.com/2019/04/18/surge-holdings-granted-key-trademark-by-the-united-states-patent-and-trademark-office/
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04/30/2019 SURGE HOLDINGS ANNOUNCES INTEGRATION OF UPS INTO ITS SURGE PAYS™ RETAIL BLOCKCHAIN NETWORK
https://surgeholdings.com/2019/04/30/surge-holdings-announces-integration-of-ups-into-its-surge-pays/
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05/16/2019 Announces initial placement order for SurgePhones and SIM Starter Kits
valued at over $17.5 million
https://surgeholdings.com/2019/05/16/surge-holdings-provides-update-on-rollout-of-surgepays/
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06/10/2019 SURGE EXPANSION
https://surgeholdings.com/2019/06/10/surge-expansion/
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06/12/2019 SURGE HOLDINGS SIGNS AGREEMENT WITH WEEKEND WARRIOR WELLNESS TO DISTRIBUTE HEMP ENERGY SHOTS, CBD MINTS AND CBD MINT STRIPS ON THE SURGEPAYS™ NETWORK
https://surgeholdings.com/2019/06/12/surge-holdings-signs-agreement-with-weekened-warrior-wellness/
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06/21/2019 SURGE BUSINESS UPDATES, CBD PRODUCT ROLLOUT ON MONEYTV
https://surgeholdings.com/2019/06/21/surg-cbd-rollout-moneytv/
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06/25/2019 SURGE HOLDINGS ANNOUNCES AGREEMENT TO DISTRIBUTE BRIM’S SNACK FOODS NATIONWIDE THROUGH THE SURGEPAYS™ NETWORK
https://surgeholdings.com/2019/06/25/surge-holdings-signs-agreement-with-weekened-warrior-wellness-2/
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06/28/2019 Check out our fulfillment team in Memphis prepping over 10,000 phones shipping out for phase 1 rollout this summer.
https://surgeholdings.com/2019/06/28/inside-look-at-surge-operations/
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07/18/2019 SURGE HOLDINGS ANNOUNCES LAUNCH OF SURGEPAYS™ NETWORK INSTALLATIONS WITH AATAC
https://surgeholdings.com/2019/07/18/surge-holdings-announces-launch-of-surgepays-network-installations-with-aatac/
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08/22/2019 SURGE HOLDINGS ANNOUNCES OFFICIAL LAUNCH OF THE SURGEPAYS™ VISA® PREPAID CARD
https://surgeholdings.com/2019/08/22/surgepays-visa-prepaid-card-announcement/
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10/03/2019 Surge Holdings Announces Asset Purchase Resulting in the Addition of 9,800 Retail Locations and an Expected $48.7 Million of Annualized Revenue*
https://surgeholdings.com/2019/10/03/surge-holdings-announces-asset-purchase/
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ITS AT THIS POINT WHERE COX'S REAL PLAN IS EXPOSED! THE GTCH -ECS WAS COVER FOR A MASSIVE DILUTION PLAN FILED WITH SEC ON SEPT 12 FOR $11.5m
AS WE ALL KNOW COX COULD NOT FIND ANY SUCKERS FOR HIS MASSIVE DILUTION BASED ON FAKE GTCH PINKSHEET SCAM REVENUES AND THE PPS CONTINUES TO FALL!
https://ih.advfn.com/stock-market/USOTC/surge-qb-SURG/stock-news/80720323/securities-registration-statement-s-1#FORMS-1_HTM_A_007
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10/17/2019 Surge Holdings and BB King Music Company Announce Exclusive Agreement for Nationwide Distribution of Licensed Merchandise to Stores on the SurgePays™ Retail Network
https://surgeholdings.com/2019/10/17/surge-holdings-and-bb-king-music-company-announce-exclusive-agreement-2/
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11/05/2019 Surge Holdings Provides Update on Completing Asset Purchase of ECS Prepaid Wireless Business and Software Platform; Adds 9,800 Retail Locations to SurgePays™ Network and Projected $48.7 Million of Additional Annualized Revenue
https://surgeholdings.com/2019/11/05/surge-holdings-provides-update-on-completing-asset-purchase-of-ecs-prepaid-wireless-business-and-software-platform/
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11/14/2019 Surge Holdings Launches Proprietary Rewards App Software
https://surgeholdings.com/2019/11/14/surge-holdings-launches-proprietary-rewards-app-software/
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11/15/2019 Surge Holdings Reports 21% Increase in Revenue to $4.9 Million for the Third Quarter of 2019 and Provides Business Update
https://surgeholdings.com/2019/11/15/surge-holdings-reports-21-increase-in-revenue-to-4-9-million-for-the-third-quarter-of-2019-and-provides-business-update/
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11/25/2019 SurgePhone Wireless Signs Distribution Agreement with Softel Technologies
https://surgeholdings.com/2019/11/25/surgephone-wireless-signs-distribution-agreement-with-softel-technologies/
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11/26/2019 Surge Logics Completes Development of Intake Logistics
https://surgeholdings.com/2019/11/26/surge-logics-completes-development-of-intake-logistics/
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BELOW THIS DATE IS WHEN THE FAKE REV GTCH-ECS DEAL WAS ANNOUNCED..WATCH HOW COX ABANDONED ALL PAST PRODUCTS ABOVE!
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October 03, 2019 9:00am EDT
Surge Holdings Announces Asset Purchase Resulting in the Addition of 9,800 Retail Locations and an Expected $48.7 Million of Annualized Revenue
https://ir.surgeholdings.com/news-events/press-releases/detail/44/surge-holdings-announces-asset-purchase-resulting-in-the
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Oct 17, 2019 9:00am EDT Surge Holdings and BB King Music Company Announce Exclusive Agreement
https://ir.surgeholdings.com/news-events/press-releases/detail/45/surge-holdings-and-bb-king-music-company-announce-exclusive
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Nov 14, 2019 8:15am EST Surge Holdings Launches Proprietary Rewards App Software
https://ir.surgeholdings.com/news-events/press-releases/detail/47/surge-holdings-launches-proprietary-rewards-app-software
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Nov 25, 2019 8:30am EST SurgePhone Wireless Signs Distribution Agreement with Softel Technologies
https://ir.surgeholdings.com/news-events/press-releases/detail/49/surgephone-wireless-signs-distribution-agreement-with
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Nov 26, 2019 8:30am EST Surge Logics Completes Development of Intake Logistics
https://ir.surgeholdings.com/news-events/press-releases/detail/50/surge-logics-completes-development-of-intake-logistics
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AT THIS POINT THE PPS HAS FALLEN TO .30 FROM .95 AND DILUTION IS RAMPING UP...AND COX HAS NO WAY TO PAY THE BILLS...SHAREHOLDERS HAVE FIGURED OUT HE IS A BULLSHIT ARTIST AND NOBODY CAN GET ANY ANSWERS SO HE STARTS THE BULLSHIT PAID INTERVIEWS AGAIN IN DESPERATION! LOSSES ARE OVER 30k PER DAY! YES DAY!.....
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Dec 10, 2019 8:00am EST Brian Cox, CEO and Chairman of Surge Holdings is Featured in an Exclusive New Series of Interviews at SmallCapVoice.com
https://ir.surgeholdings.com/news-events/press-releases/detail/51/brian-cox-ceo-and-chairman-of-surge-holdings-is-featured
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Dec 23, 2019 9:44am EST Surge Holdings, Inc. Announces CEO Conference Call Scheduled for January 9th, 2020
https://ir.surgeholdings.com/news-events/press-releases/detail/52/surge-holdings-inc-announces-ceo-conference-call
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Jan 30, 2020 8:33am EST SurgePhone Wireless Completes Integration with ECS Prepaid Nationwide Network
https://ir.surgeholdings.com/news-events/press-releases/detail/56/surgephone-wireless-completes-integration-with-ecs-prepaid
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DESPERATION FOR COX HAS SET IN NOW...HIS MASTER PLAN OF PUMPING SURG OVER $1 ON LIES HAS BEEN EXPOSED...BANK LOANS ARE MAXED OUT...PUBLIC OFFERING ATTEMPT FAILS AND NOW ALL THAT IS LEFT IS MASSIVE DILUTION JUST LIKE THE 10q SAYS...WE NEED TO DUMP SHARES TO PAY BILLS! SO BRING ON THE **** TRUE-UP-SHARES!****
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IN FULL PANIC MODE COX PUTS OUT AN ENDLESS STRING OF LIES CLAIMING HUGE REVENUES INCREASES ALL WHILE HE IS MAKING ****TRUE-UP-DILUTION-DEALS*** AND THE PPS CONTINUES TO DROP!
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Surge Holdings Provides Year-End Business Update; Annual Revenue Increases 68.9% to $25.7 Million for 2019 Versus $15.2 Million for 2018
May 13, 2020 9:15am EDT
Surge Revenue Increases 263% to $13.4 Million for the Fourth Quarter of 2019 Versus Same Period Last Year
Apr 29, 2020 8:30am EDT
Surge Logics Reports Record $2.98 Million in Sales for March 2020
Apr 22, 2020 8:30am EDT
Surge Provides Urgent Care Response Products Through its Direct Wholesale Marketplace
Apr 15, 2020 8:30am EDT
Surge Holdings Launches Loco Rabbit Brand “Grab-n-Go” Phones
Apr 01, 2020 9:00am EDT
Surge Holdings Announces Appointment of Senior Finance Executive Anthony Evers as Chief Financial Officer
Mar 30, 2020 12:17pm EDT
Surge Holdings CEO Provides Shareholder Update on Current Business Operations
Mar 23, 2020 8:30am EDT
Surge Holdings’ Surge Logics Subsidiary Reports More than Five-Fold Increase in Sales for February 2020 Versus February 2019
Mar 18, 2020 9:15am EDT
Surge Holdings Reports Rapid Growth in Surge Logics; Surge Logics Sales Increase Nearly 10-Fold in January 2020 Versus Same Period Last Year
Feb 19, 2020 8:30am EST
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IN APRIL COX GETS LUCKY AND USES THE COVID CRISIS TO HIS ADVANTAGE AND SCAM THE BANK FOR ANOTHER $500,000 LIKE THE LOWLIFE HE IS!
On April 18, 2020, Surge Holdings, Inc. (the “Company”), entered into a promissory note (the “Note”) with Bank3, (the “Lender”) which provides for a loan in the amount of $498,083 (the “Loan”) pursuant to the Paycheck Protection Program under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). The Company received the Loan proceeds on April 20, 2020. The Loan has a two-year term and bears interest at a rate of 1.00% per annum. Monthly principal and interest payments are deferred for six months after the date of disbursement. The Loan may be prepaid at any time prior to maturity with no prepayment penalties.
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SO COX PUTS OUT ANOTHER STRING OF BULLSHIT NEWS AND THE STOCK IS NOW FALLING BELOW .10 FROM .95
SurgePays Named to the Deloitte Technology Fast 500 Rankings for Second Year Running
Nov 19, 2020 8:00am EST
SurgePays Announces Third Quarter 2020 Financial Results and Provides Corporate Update
Nov 17, 2020 8:00am EST
Surge Holdings, Inc. Announces Rebranding to SurgePays
Nov 10, 2020 8:30am EST
Surge Holdings, Inc. Engages CORE IR to Provide Investor Relations, Public Relations, and Shareholder Communications Services
Oct 15, 2020 8:30am EDT
Surge Launches Breakthrough Wireless Activation Technology
Sep 01, 2020 8:30am EDT
Surge Holdings Reports 320% Increase in Sales to $14.5 Million for the Second Quarter of 2020
Aug 17, 2020 9:49am EDT
Surge Holdings Announces Shareholder Update Call on July 21st, 2020
Jul 14, 2020 8:00am EDT
Surge Holdings Retires $4 Million of Notes at $0.50 Per Share; Cancels 2.4 Million Common Shares with Option to Cancel an Additional 950,000 Shares
Jun 29, 2020 8:30am EDT
Surge Holdings Revenues Increase Four-Fold to $15.8 Million for the First Quarter of Fiscal 2020
Jun 22, 2020 8:30am EDT
Surge Holdings Reports 307% Increase in Sales to $15.8 Million for the First Quarter of 2020
May 20, 2020 8:15am EDT
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SO HERE WE ARE NOW WITH PPS HOLDING .15 ON COX LATEST GIMMICK OF SOME INSIDER BUYING WITH THE FINAL Q HE CAN CLAIM ANY 300% GROWTH AND THE LAST DELOTTIE 500 GIMMICK...SO NOW WHAT?...EVERY SOURCE OF FINANCING IS MAXED OUT...COX HAS SHOWN HIS INTENT TO DILUTE AT ANY COST TO SHAREHOLDERS...THERE IS NO NASDAQ LISTING...AND ALL THE CARES ACT $$$ IS LONG GONE ON CARS AND PARTIES!...NOW COMES THE DELISTING TO PINK SHEETS!
Once a criminal..always a criminal!
The money stopped coming after Cox was indicted April 9 by a federal grand jury in Tampa, employees say.
"We need to feed our families," worker Yashi Valmir Lima, 36, wrote in an email to the Tampa Bay Times. "So please if you have any info, share it with us."
Karen Flores, single mother of a 4-year-old boy, says her utility bills are late and she can no longer afford public transportation to look for a job. She worked for Cox's company, Benson Communications, for nearly five years.
"It's hard to tell your kid that we have to eat the same thing every day because mommy is not getting paid," she wrote.
TAMPA — Workers at a call center in Santa Ana, El Salvador, remember visits from their rich American boss. The phone company owner would arrive in a motorcade, like a president, flanked by gun-waving guards.
"He thanked us for making him a millionaire," said employee Wilbert Perez-Velasquez, 40.
The U.S. Justice Department has another explanation for the wealth of Kevin Brian Cox, 38. He is one of three men accused in May of defrauding the federal Lifeline phone program of $32.4 million by exaggerating how many customers qualified for a subsidy because they were poor.
As the men await trial or a plea deal, the Justice Department has tied up their assets, including luxury cars, a yacht, bank accounts and real estate.
None of that seems like good news to people waiting on paychecks at Cox's call centers in El Salvador, where gas is more than $4 a gallon and employees make $400 to $600 a month if paid.
The money stopped coming after Cox was indicted April 9 by a federal grand jury in Tampa, employees say.
"We need to feed our families," worker Yashi Valmir Lima, 36, wrote in an email to the Tampa Bay Times. "So please if you have any info, share it with us."
Karen Flores, single mother of a 4-year-old boy, says her utility bills are late and she can no longer afford public transportation to look for a job. She worked for Cox's company, Benson Communications, for nearly five years.
"It's hard to tell your kid that we have to eat the same thing every day because mommy is not getting paid," she wrote.
They and other employees describe Benson Communications as a company that once treated them well and allowed them to feel like a big family. They remember Cox throwing them lavish parties and taking a cake to the face in fun.
His attorney, Lance Wade, declined to comment on the call center pay situation, which has also caused problems at a sister center in capital city San Salvador.
In a May 12 motion, Wade said the government had been overly aggressive in seizing Cox's assets.
But such seizures are common. Bay area lawyer Jeff Brown, who practices in federal court and has no ties to the case, said the government holds assets that may later be subject to forfeiture on the assumption that defendants will try to hide them.
"The idea is that the government is the most trustworthy source," he said.
Cox of Tennessee faces multiple charges, including wire fraud and making false claims, as do two Florida men: Thomas E. Biddix of Melbourne and Leonard I. Solt of Land O'Lakes.
In varying degrees, the three Americans had ties to Associated Telecommunications Management Services. The focus of the federal investigation, it was a company with multiple subsidiaries that participated in the Lifeline program — at times illegally, the government alleges.
Lifeline, created under President Ronald Reagan and expanded under President George W. Bush to include mobile phone service, lowers phone bills for qualifying customers by $9.25 a month. It is funded by fees imposed on all landline and wireless subscribers. Phone companies screen the needy and seek reimbursement from the Universal Service Fund.
The criminal case against the three men is complex, built on an investigation that amassed more than a million records.
Little is made in court papers of Solt's role, except that ATMS acquired a company from the bay area man.
Biddix is described as president and part owner of ATMS.
Cox, the government alleges, received millions in fraud through ATMS and used it to purchase his current company, True Wireless, which provides Lifeline service to customers in Arkansas, Maryland, Oklahoma, Rhode Island and Texas.
True Wireless has not been indicted; however, the Federal Communications Commission filed papers in November seeking to fine it $5.5 million for irregularities involving Lifeline. That matter is pending.
True Wireless collects monthly Lifeline subsidies that range from $1.5 million to about $8 million, program records show.
Even in El Salvador, there is talk of the subsidy, each month fueling hopes of payment.
Until recently, Cox had call centers in both Santa Ana and San Salvador to service subscribers for True Wireless and Mid South Home Phone.
Lima answered calls in Santa Ana. Perez-Velasquez worked there in human resources. At one point, he estimates, the center employed about 350 people.
For several weeks, workers showed up even without pay. Some found jobs and left. But others stayed. When managers closed down the Santa Ana call center early this month, about 75 employees were still on the job, Perez-Velasquez said.
"The way we felt when our building was closed down and we did not get paid was betrayed and sad," Lima said.
"We worked with pride and we gave our all to this company."
https://www.tampabay.com/news/courts/civil/ripple-effect-of-lifeline-indictments-in-tampa-felt-at-el-salvador-call/2190328/
UNITED STATES OF AMERICA v. KEVIN BRIAN COX a/k/a Brian Cox, and LEONARD I. SOLT.
Kevin Brian Cox objects (Doc. 316) under Rule 59(a) to the magistrate judge's order (Doc. 290) denying a motion to compel (Doc. 254) the United States' compliance with an earlier order (Doc. 238) for a bill of particulars. A review of the objection, the response, and the pertinent predecessor papers reveals no demonstration by Cox that the magistrate judge's order is either contrary to law or clearly erroneous (or erroneous at all).
The objection (Doc. 316) is OVERRULED.
In part III of a document (Doc. 259) that responds in a single paper to several distinct motions (this awkward practice confuses attempts to track motions on the court's electronic docket), the United States requests an order that precludes Biddix from asserting at trial a defense based on the advice of counsel. To support this novel request, the United States states, "Before indictment, Biddix foreclosed the grand jury from investigating relevant communication by and between him and counsel." (Doc. 259 at 14) For the reasons stated in part I of Biddix's response (Doc. 303 at pp. 3-8), the motion is DENIED.
Cox moves (Doc. 275) "to preclude the government from offering any evidence under Rule 404(b) at trial." Cox asserts that the United States failed to provide "timely and sufficient notice" of the intent to offer evidence under Rule 404(b). The parties agreed (Doc. 108) that Rule 404(b) disclosures must occur before March 13, 2015. The United States' disclosure letter identifies "fraudulent misrepresentation made in connection with the Lifeline Program prior to January 2009" by five, named business entities. Cox asserts that the "bare-bones, excessively broad letter" fails to contain the reasonable notice required by Rule 404(b)(2)(A).
Paragraph five of the Advisory Committee Notes to the 1991 Amendments to Rule 404(b) states, "The court in its discretion may, under the facts, decide that the particular . . . notice was not reasonable, either because of the lack of timeliness or completeness." Obviously, "reasonable notice" contemplates a useful, even if still generalized, description of the prospective Rule 404(b) evidence. The United States' disclosure merely identifies the business entity within which a "fraudulent misrepresentation [was] made in connection with the Lifetime Program prior to January 2009." A statement that, more than this statement, says something rather than nothing while fully retaining the statement's maximum unhelpfulness is hard to imagine. If the aim of this statement's drafter was to provide to the defense the minimum permissible disclosure and nothing more, the drafter undershot the mark. This studiedly obscure disclosure apprises neither the defense nor the court of anything that meaningfully directs the reader's attention to some manageable and practical field of inquiry.
Cox's motion (Doc. 275) is GRANTED to the extent that admission of the contested evidence under Rule 404(b) is DENIED.
Associated Telecommunications Management Services, LLC moves (Doc. 250) to intervene in the criminal prosecution of Thomas E. Biddix (ATMS's owner), moves for a protective order, and moves for an evidentiary hearing "regarding the government's violations of the attorney-client privilege." Biddix joins in the motion for a protective order and the motion for a hearing.
The magistrate judge conducted a hearing (Doc. 314) and examined the claimed privileged material in camera. The magistrate judge's October 7, 2015, report (Doc. 361), to which there is no response, (1) finds that "the corporation has neither the standing to intervene nor the grounds to assert the privilege," (2) finds that Biddix "has no authority in any personal capacity to assert ATMS's attorney-client privilege for his own benefit," (3) finds that because "ATMS has no standing to assert the privilege and that none of the statements at issue is covered by the privilege, no conflict of interest exists, and a rule 44(c) hearing is not required"; and (4) recommends denial of the motion.
In consideration of the motion (Doc. 250) and the responses (Doc. 258, 329), the report and recommendation (Doc. 361) is ADOPTED. The motion (Doc. 250) to intervene, for a protective order, and for a hearing is DENIED.
Cox moves (Doc. 276) under Rule 403 to preclude the United States from offering "evidence or argument characterizing Defendants as `undisclosed owners' (and similar terminology)" of ATMS. By "similar terminology" Cox means "shadow owners," "secret owners," or another term designed to convey an unspecified but unmistakable air of suspect motive or other general disapprobation. The United States responds (Doc. 308) that the term "undisclosed owner" is an entirely neutral encapsulation of the fact that Cox owned only an option to purchase certain ATMS shares.
The United States over-simplifies. The term "undisclosed owner" conveys at least the notion of "ownership," which is not the equivalent of holding an option. Saying that someone who owns only an option to purchase is either a purchaser or an owner of the item subject to the option is a deception. Similarly, the United States' saying in a jury trial that something is "undisclosed" (or "shadow" or "secret") suggests strongly the existence of a duty to disclose. Therefore, unless the United States can establish an ownership interest in the pertinent shares and some legally cognizable duty to disclose, the term "undisclosed owner" or an equivalent is confusing and misleading and unnecessarily elongates the proceedings (and is probably argumentative, depending on the circumstance). The motion (Doc. 276) is GRANTED absent the establishment of a proper predicate.
Cox moves (Doc. 277) to "exclude evidence or argument at trial of uncharged conduct relating to taxes." Again, Cox notes that the evidence is inadmissible if offered under Rule 404(b) because the parties' stipulation required disclosure in March, 2015, and no Rule 404(b) notice of the income tax evidence has appeared. Also, Cox argues (Doc. 277 at 3) that:
There was nothing secret about how much money ATMS was receiving from USAC. How ATMS or its subsidiaries accounted for Lifeline reimbursements on their tax returns, or how the Defendants accounted for whatever funds they received from these entities on their own personal tax returns, are issues wholly disconnected from Defendants' role in the submission of Forms 497 on behalf of ATMS and its subsidiaries.
WHY IS COX DILUTING THE O/S BY 690,000 PER WEEK?
Q4 WEEKLY DILUTION ALL TIME HIGH OVER 690,000 PER WEEK
As many of us have discussed here, the endless weekly dilution continues to accelerate at a rate much faster than many expected.
The growing out of control debt load and losses now exceeding $60,000 per day will force the company into bankruptcy. The chart proves that buyers see no value in this scam and the endless lies from the CEO.
FACT! OTCBB CONFIRMS 8.3M SHARES DILUTED LAST 3 MONTHS! LOLOLOLXZXZXLOLZZZ
COX NOW HAS AN AVERAGE OF 690,000 SHARED OF DILUTION PER WEEK!
Outstanding Shares
114,215,911
10/01/2020
Outstanding Shares
122,507,519
01/04/2021
WHY IS THE O/S INCREASING EVERY MONTH?
2020 DILUTION REPORTED AND VERIFIED BY SURG TRANSFER AGENT.
The new monthly dilution numbers are posted each month here on IHUB so everyone can see the facts which can never be disputed.
VStock Transfer LLC
Transfer Agent
18 Lafayette Place
Woodmere, NY 11598
212-828-8436
www.vstocktransfer.com
Outstanding Shares
122,507,519
01/04/2021
Outstanding Shares
118,937,711
11/12/2020
Outstanding Shares
114,215,911
10/01/2020
Outstanding Shares
113,327,080
09/01/2020
Outstanding Shares
111,197,866
08/03/2020
Outstanding Shares
104,922,150
05/31/2020
Outstanding shares
101,015,459
01/01/2020
Outstanding Shares
97,414,983
08/14/2019
2 years later hows that NASDAQ listing going LOLOLOLXZZZ
Prosecutors say all three men charged in the federal case created a cell phone company and turned in false reports to the government which gave them $32 million in subsidies.
The men are accused of 15 counts of wire fraud, false claims and money laundering.
The feds say the men used the program, designed to provide cell phones to the poor, to make themselves millionaires, buying a Lamborghini, a Mercedes, a Cadillac Escalade, an Audi R-8, a corvette, a limo, a private jet and a boat, among other things, all of which the government now wants to repossess.
One of the men indicted is Kevin Brian Cox, the owner of True Wireless which we've reported on here in Oklahoma for allegedly breaking the Lifeline rules.
https://www.newson6.com/story/5e3632a32f69d76f62051959/oklahoma-cell-phone-company-owner-arrested-on-fraud-charges
TAMPA — Workers at a call center in Santa Ana, El Salvador, remember visits from their rich American boss. The phone company owner would arrive in a motorcade, like a president, flanked by gun-waving guards.
"He thanked us for making him a millionaire," said employee Wilbert Perez-Velasquez, 40.
The U.S. Justice Department has another explanation for the wealth of Kevin Brian Cox, 38. He is one of three men accused in May of defrauding the federal Lifeline phone program of $32.4 million by exaggerating how many customers qualified for a subsidy because they were poor.
As the men await trial or a plea deal, the Justice Department has tied up their assets, including luxury cars, a yacht, bank accounts and real estate.
None of that seems like good news to people waiting on paychecks at Cox's call centers in El Salvador, where gas is more than $4 a gallon and employees make $400 to $600 a month if paid.
The money stopped coming after Cox was indicted April 9 by a federal grand jury in Tampa, employees say.
"We need to feed our families," worker Yashi Valmir Lima, 36, wrote in an email to the Tampa Bay Times. "So please if you have any info, share it with us."
Karen Flores, single mother of a 4-year-old boy, says her utility bills are late and she can no longer afford public transportation to look for a job. She worked for Cox's company, Benson Communications, for nearly five years.
"It's hard to tell your kid that we have to eat the same thing every day because mommy is not getting paid," she wrote.
They and other employees describe Benson Communications as a company that once treated them well and allowed them to feel like a big family. They remember Cox throwing them lavish parties and taking a cake to the face in fun.
His attorney, Lance Wade, declined to comment on the call center pay situation, which has also caused problems at a sister center in capital city San Salvador.
In a May 12 motion, Wade said the government had been overly aggressive in seizing Cox's assets.
But such seizures are common. Bay area lawyer Jeff Brown, who practices in federal court and has no ties to the case, said the government holds assets that may later be subject to forfeiture on the assumption that defendants will try to hide them.
"The idea is that the government is the most trustworthy source," he said.
Cox of Tennessee faces multiple charges, including wire fraud and making false claims, as do two Florida men: Thomas E. Biddix of Melbourne and Leonard I. Solt of Land O'Lakes.
In varying degrees, the three Americans had ties to Associated Telecommunications Management Services. The focus of the federal investigation, it was a company with multiple subsidiaries that participated in the Lifeline program — at times illegally, the government alleges.
Lifeline, created under President Ronald Reagan and expanded under President George W. Bush to include mobile phone service, lowers phone bills for qualifying customers by $9.25 a month. It is funded by fees imposed on all landline and wireless subscribers. Phone companies screen the needy and seek reimbursement from the Universal Service Fund.
The criminal case against the three men is complex, built on an investigation that amassed more than a million records.
Little is made in court papers of Solt's role, except that ATMS acquired a company from the bay area man.
Biddix is described as president and part owner of ATMS.
Cox, the government alleges, received millions in fraud through ATMS and used it to purchase his current company, True Wireless, which provides Lifeline service to customers in Arkansas, Maryland, Oklahoma, Rhode Island and Texas.
True Wireless has not been indicted; however, the Federal Communications Commission filed papers in November seeking to fine it $5.5 million for irregularities involving Lifeline. That matter is pending.
True Wireless collects monthly Lifeline subsidies that range from $1.5 million to about $8 million, program records show.
Even in El Salvador, there is talk of the subsidy, each month fueling hopes of payment.
Until recently, Cox had call centers in both Santa Ana and San Salvador to service subscribers for True Wireless and Mid South Home Phone.
Lima answered calls in Santa Ana. Perez-Velasquez worked there in human resources. At one point, he estimates, the center employed about 350 people.
For several weeks, workers showed up even without pay. Some found jobs and left. But others stayed. When managers closed down the Santa Ana call center early this month, about 75 employees were still on the job, Perez-Velasquez said.
"The way we felt when our building was closed down and we did not get paid was betrayed and sad," Lima said.
"We worked with pride and we gave our all to this company."
https://www.tampabay.com/news/courts/civil/ripple-effect-of-lifeline-indictments-in-tampa-felt-at-el-salvador-call/2190328/
Cox is accused of bilking more than $30 million from the program by submitting false claims.
https://www.wmcactionnews5.com/story/25266182/man-accused-of-bilking-more-than-30-million-from-federal-lifeline-program/
CEO BRIAN COX PAST INDICTMENT FOR WIRE FRAUD LINK
https://www.newson6.com/story/5e3632a32f69d76f62051959/oklahoma-cell-phone-company-owner-arrested-on-fraud-charges
They're accused of funding their lavish lifestyles with your hard-earned money funneled through a government program.
The Department of Justice charged three men in an alleged scheme to defraud the government-subsidized cell phone program called Lifeline of millions of dollars.
One of the men indicted, "owns a cell phone company," operating in Oklahoma.
It's not unusual for the owner of a cell phone company that takes government subsidies to have many different companies in different states, and that's the case here.
11/4/2013 Related Story: FCC Proposes $33M In Fines Against Cell Phone Companies Providing Lifeline
Prosecutors say all three men charged in the federal case created a cell phone company and turned in false reports to the government which gave them $32 million in subsidies.
The men are accused of 15 counts of wire fraud, false claims and money laundering.
The feds say the men used the program, designed to provide cell phones to the poor, to make themselves millionaires, buying a Lamborghini, a Mercedes, a Cadillac Escalade, an Audi R-8, a corvette, a limo, a private jet and a boat, among other things, all of which the government now wants to repossess.
One of the men indicted is Kevin Brian Cox, the owner of True Wireless which we've reported on here in Oklahoma for allegedly breaking the Lifeline rules.
While its owner, Cox, is named in the federal indictment, his alleged crimes are connected to a different company.
True Wireless, his Oklahoma company, is not part of this case and prosecutors haven't answered my questions as to whether it could eventually be included.
UNITED STATES OF AMERICA v. KEVIN BRIAN COX a/k/a Brian Cox, and LEONARD I. SOLT.
Kevin Brian Cox objects (Doc. 316) under Rule 59(a) to the magistrate judge's order (Doc. 290) denying a motion to compel (Doc. 254) the United States' compliance with an earlier order (Doc. 238) for a bill of particulars. A review of the objection, the response, and the pertinent predecessor papers reveals no demonstration by Cox that the magistrate judge's order is either contrary to law or clearly erroneous (or erroneous at all).
The objection (Doc. 316) is OVERRULED.
In part III of a document (Doc. 259) that responds in a single paper to several distinct motions (this awkward practice confuses attempts to track motions on the court's electronic docket), the United States requests an order that precludes Biddix from asserting at trial a defense based on the advice of counsel. To support this novel request, the United States states, "Before indictment, Biddix foreclosed the grand jury from investigating relevant communication by and between him and counsel." (Doc. 259 at 14) For the reasons stated in part I of Biddix's response (Doc. 303 at pp. 3-8), the motion is DENIED.
Cox moves (Doc. 275) "to preclude the government from offering any evidence under Rule 404(b) at trial." Cox asserts that the United States failed to provide "timely and sufficient notice" of the intent to offer evidence under Rule 404(b). The parties agreed (Doc. 108) that Rule 404(b) disclosures must occur before March 13, 2015. The United States' disclosure letter identifies "fraudulent misrepresentation made in connection with the Lifeline Program prior to January 2009" by five, named business entities. Cox asserts that the "bare-bones, excessively broad letter" fails to contain the reasonable notice required by Rule 404(b)(2)(A).
Paragraph five of the Advisory Committee Notes to the 1991 Amendments to Rule 404(b) states, "The court in its discretion may, under the facts, decide that the particular . . . notice was not reasonable, either because of the lack of timeliness or completeness." Obviously, "reasonable notice" contemplates a useful, even if still generalized, description of the prospective Rule 404(b) evidence. The United States' disclosure merely identifies the business entity within which a "fraudulent misrepresentation [was] made in connection with the Lifetime Program prior to January 2009." A statement that, more than this statement, says something rather than nothing while fully retaining the statement's maximum unhelpfulness is hard to imagine. If the aim of this statement's drafter was to provide to the defense the minimum permissible disclosure and nothing more, the drafter undershot the mark. This studiedly obscure disclosure apprises neither the defense nor the court of anything that meaningfully directs the reader's attention to some manageable and practical field of inquiry.
Cox's motion (Doc. 275) is GRANTED to the extent that admission of the contested evidence under Rule 404(b) is DENIED.
Associated Telecommunications Management Services, LLC moves (Doc. 250) to intervene in the criminal prosecution of Thomas E. Biddix (ATMS's owner), moves for a protective order, and moves for an evidentiary hearing "regarding the government's violations of the attorney-client privilege." Biddix joins in the motion for a protective order and the motion for a hearing.
The magistrate judge conducted a hearing (Doc. 314) and examined the claimed privileged material in camera. The magistrate judge's October 7, 2015, report (Doc. 361), to which there is no response, (1) finds that "the corporation has neither the standing to intervene nor the grounds to assert the privilege," (2) finds that Biddix "has no authority in any personal capacity to assert ATMS's attorney-client privilege for his own benefit," (3) finds that because "ATMS has no standing to assert the privilege and that none of the statements at issue is covered by the privilege, no conflict of interest exists, and a rule 44(c) hearing is not required"; and (4) recommends denial of the motion.
In consideration of the motion (Doc. 250) and the responses (Doc. 258, 329), the report and recommendation (Doc. 361) is ADOPTED. The motion (Doc. 250) to intervene, for a protective order, and for a hearing is DENIED.
Cox moves (Doc. 276) under Rule 403 to preclude the United States from offering "evidence or argument characterizing Defendants as `undisclosed owners' (and similar terminology)" of ATMS. By "similar terminology" Cox means "shadow owners," "secret owners," or another term designed to convey an unspecified but unmistakable air of suspect motive or other general disapprobation. The United States responds (Doc. 308) that the term "undisclosed owner" is an entirely neutral encapsulation of the fact that Cox owned only an option to purchase certain ATMS shares.
The United States over-simplifies. The term "undisclosed owner" conveys at least the notion of "ownership," which is not the equivalent of holding an option. Saying that someone who owns only an option to purchase is either a purchaser or an owner of the item subject to the option is a deception. Similarly, the United States' saying in a jury trial that something is "undisclosed" (or "shadow" or "secret") suggests strongly the existence of a duty to disclose. Therefore, unless the United States can establish an ownership interest in the pertinent shares and some legally cognizable duty to disclose, the term "undisclosed owner" or an equivalent is confusing and misleading and unnecessarily elongates the proceedings (and is probably argumentative, depending on the circumstance). The motion (Doc. 276) is GRANTED absent the establishment of a proper predicate.
Cox moves (Doc. 277) to "exclude evidence or argument at trial of uncharged conduct relating to taxes." Again, Cox notes that the evidence is inadmissible if offered under Rule 404(b) because the parties' stipulation required disclosure in March, 2015, and no Rule 404(b) notice of the income tax evidence has appeared. Also, Cox argues (Doc. 277 at 3) that:
There was nothing secret about how much money ATMS was receiving from USAC. How ATMS or its subsidiaries accounted for Lifeline reimbursements on their tax returns, or how the Defendants accounted for whatever funds they received from these entities on their own personal tax returns, are issues wholly disconnected from Defendants' role in the submission of Forms 497 on behalf of ATMS and its subsidiaries.
UNITED STATES OF AMERICA v. KEVIN BRIAN COX a/k/a Brian Cox, and LEONARD I. SOLT.
Kevin Brian Cox objects (Doc. 316) under Rule 59(a) to the magistrate judge's order (Doc. 290) denying a motion to compel (Doc. 254) the United States' compliance with an earlier order (Doc. 238) for a bill of particulars. A review of the objection, the response, and the pertinent predecessor papers reveals no demonstration by Cox that the magistrate judge's order is either contrary to law or clearly erroneous (or erroneous at all).
The objection (Doc. 316) is OVERRULED.
In part III of a document (Doc. 259) that responds in a single paper to several distinct motions (this awkward practice confuses attempts to track motions on the court's electronic docket), the United States requests an order that precludes Biddix from asserting at trial a defense based on the advice of counsel. To support this novel request, the United States states, "Before indictment, Biddix foreclosed the grand jury from investigating relevant communication by and between him and counsel." (Doc. 259 at 14) For the reasons stated in part I of Biddix's response (Doc. 303 at pp. 3-8), the motion is DENIED.
Cox moves (Doc. 275) "to preclude the government from offering any evidence under Rule 404(b) at trial." Cox asserts that the United States failed to provide "timely and sufficient notice" of the intent to offer evidence under Rule 404(b). The parties agreed (Doc. 108) that Rule 404(b) disclosures must occur before March 13, 2015. The United States' disclosure letter identifies "fraudulent misrepresentation made in connection with the Lifeline Program prior to January 2009" by five, named business entities. Cox asserts that the "bare-bones, excessively broad letter" fails to contain the reasonable notice required by Rule 404(b)(2)(A).
Paragraph five of the Advisory Committee Notes to the 1991 Amendments to Rule 404(b) states, "The court in its discretion may, under the facts, decide that the particular . . . notice was not reasonable, either because of the lack of timeliness or completeness." Obviously, "reasonable notice" contemplates a useful, even if still generalized, description of the prospective Rule 404(b) evidence. The United States' disclosure merely identifies the business entity within which a "fraudulent misrepresentation [was] made in connection with the Lifetime Program prior to January 2009." A statement that, more than this statement, says something rather than nothing while fully retaining the statement's maximum unhelpfulness is hard to imagine. If the aim of this statement's drafter was to provide to the defense the minimum permissible disclosure and nothing more, the drafter undershot the mark. This studiedly obscure disclosure apprises neither the defense nor the court of anything that meaningfully directs the reader's attention to some manageable and practical field of inquiry.
Cox's motion (Doc. 275) is GRANTED to the extent that admission of the contested evidence under Rule 404(b) is DENIED.
Associated Telecommunications Management Services, LLC moves (Doc. 250) to intervene in the criminal prosecution of Thomas E. Biddix (ATMS's owner), moves for a protective order, and moves for an evidentiary hearing "regarding the government's violations of the attorney-client privilege." Biddix joins in the motion for a protective order and the motion for a hearing.
The magistrate judge conducted a hearing (Doc. 314) and examined the claimed privileged material in camera. The magistrate judge's October 7, 2015, report (Doc. 361), to which there is no response, (1) finds that "the corporation has neither the standing to intervene nor the grounds to assert the privilege," (2) finds that Biddix "has no authority in any personal capacity to assert ATMS's attorney-client privilege for his own benefit," (3) finds that because "ATMS has no standing to assert the privilege and that none of the statements at issue is covered by the privilege, no conflict of interest exists, and a rule 44(c) hearing is not required"; and (4) recommends denial of the motion.
In consideration of the motion (Doc. 250) and the responses (Doc. 258, 329), the report and recommendation (Doc. 361) is ADOPTED. The motion (Doc. 250) to intervene, for a protective order, and for a hearing is DENIED.
Cox moves (Doc. 276) under Rule 403 to preclude the United States from offering "evidence or argument characterizing Defendants as `undisclosed owners' (and similar terminology)" of ATMS. By "similar terminology" Cox means "shadow owners," "secret owners," or another term designed to convey an unspecified but unmistakable air of suspect motive or other general disapprobation. The United States responds (Doc. 308) that the term "undisclosed owner" is an entirely neutral encapsulation of the fact that Cox owned only an option to purchase certain ATMS shares.
The United States over-simplifies. The term "undisclosed owner" conveys at least the notion of "ownership," which is not the equivalent of holding an option. Saying that someone who owns only an option to purchase is either a purchaser or an owner of the item subject to the option is a deception. Similarly, the United States' saying in a jury trial that something is "undisclosed" (or "shadow" or "secret") suggests strongly the existence of a duty to disclose. Therefore, unless the United States can establish an ownership interest in the pertinent shares and some legally cognizable duty to disclose, the term "undisclosed owner" or an equivalent is confusing and misleading and unnecessarily elongates the proceedings (and is probably argumentative, depending on the circumstance). The motion (Doc. 276) is GRANTED absent the establishment of a proper predicate.
Cox moves (Doc. 277) to "exclude evidence or argument at trial of uncharged conduct relating to taxes." Again, Cox notes that the evidence is inadmissible if offered under Rule 404(b) because the parties' stipulation required disclosure in March, 2015, and no Rule 404(b) notice of the income tax evidence has appeared. Also, Cox argues (Doc. 277 at 3) that:
There was nothing secret about how much money ATMS was receiving from USAC. How ATMS or its subsidiaries accounted for Lifeline reimbursements on their tax returns, or how the Defendants accounted for whatever funds they received from these entities on their own personal tax returns, are issues wholly disconnected from Defendants' role in the submission of Forms 497 on behalf of ATMS and its subsidiaries.
CEO BRIAN COX PAST INDICTMENT FOR WIRE FRAUD LINK
https://www.newson6.com/story/5e3632a32f69d76f62051959/oklahoma-cell-phone-company-owner-arrested-on-fraud-charges
They're accused of funding their lavish lifestyles with your hard-earned money funneled through a government program.
The Department of Justice charged three men in an alleged scheme to defraud the government-subsidized cell phone program called Lifeline of millions of dollars.
One of the men indicted, "owns a cell phone company," operating in Oklahoma.
It's not unusual for the owner of a cell phone company that takes government subsidies to have many different companies in different states, and that's the case here.
11/4/2013 Related Story: FCC Proposes $33M In Fines Against Cell Phone Companies Providing Lifeline
Prosecutors say all three men charged in the federal case created a cell phone company and turned in false reports to the government which gave them $32 million in subsidies.
The men are accused of 15 counts of wire fraud, false claims and money laundering.
The feds say the men used the program, designed to provide cell phones to the poor, to make themselves millionaires, buying a Lamborghini, a Mercedes, a Cadillac Escalade, an Audi R-8, a corvette, a limo, a private jet and a boat, among other things, all of which the government now wants to repossess.
One of the men indicted is Kevin Brian Cox, the owner of True Wireless which we've reported on here in Oklahoma for allegedly breaking the Lifeline rules.
While its owner, Cox, is named in the federal indictment, his alleged crimes are connected to a different company.
True Wireless, his Oklahoma company, is not part of this case and prosecutors haven't answered my questions as to whether it could eventually be included.
Completely Understood!
Cox may need to change name of company again to "better reflect" its real business model...DILUTION MACHINE!
Back in 2019 before the massive dilution started, there were only 2 days when the volume exceeded 500k they were 2/28 and 11/17...both days the pps increased over 50%... fast forward to today with 2M vol and stock barely can move...I guess when the avg weekly dilution exceeds 600,000 what can you expect! LOLOLLXZXXZZZLOLZZZ!!
I always had a good laugh when Cox would pay the now defunct LIVECEO.com to do one of the paid fake staged promo video's and COX would thank the host for "having him on the "show" ....just goes to show the arrogance COX has to think anyone didnt know it was all bullshit...