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It’s time to hunt the leaders down with AEPT to investigate.
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Gary, I will call you soon. I am a airline pilot enroute to china will touch base soon. We can get these guys and it’s free, it’s the system. AEPT can’t be true because how can you do the things they State in their PR’s when they don’t Gabe a staff? Make sense? Someone should answer a phone even with the smallest business. This thing stinks and I think in my opinion it’s a scam.
AEPT, what you say Thats not True..! The SEC and FBI do care. I know for a fact from my experience . Look up PLNI, a penny stock pump and dump. Sec complaint led to FBI investigation and CEO James Turek convicted of Fraud and 20 years in the Big House. I am about ready to launch it myself , fact is I am looking forward to it. It's not complicated and we do have laws to protect peopje from scammers. AEPT, XFUL. xFULD can do what they want and if there PR'S are not true they can plan to be convicted.
Bring it..!
AEPT, Hello everyone I believe it's a pump and dump. I called the office 5 months ago, only recording, left message. I emailed them, no reply. I was involved in another pink, PLNI, the CEO is currently in jail for a pump and dump. I feel in order to do any of the business in their PR's they must have someone working? We need to get a group together, organize by PM each other , then all of us file complaints with the SEC they will investigate . Once they find out these guys are scamming , they will assign the FBI to dig deeper.
Let's get more people it's Free, just PM me we can get started .
Xful, xfuld, Aept, these guys are a scam. Please pm me I want to put people together for class action . Let's do it..! My opinion is a PR pu,p and dump. There is no business , there is no staff. They don't return emails , don't answer the phone. I feel no doubt we should come after them with a SEC complaint, then the lawyers, somebody is going to jail ..! I invested in PLNI look it up, I feel same thing, the SEC and the FEDs were not laughing the CEO is serving 20 years . I think Xful, Xfukd, Aept is the same thing, pu,p up the fake PR's dump their own stocks , loom fir the next PR. Where are the employees? Any business needs employees right ? These guys are in for trouble...!
Xfuld, I feel is dishonest and has been filing false PR's for pump and dump scheme . Anyone ekes interstellar in filing complaints with the SEC and possibly hiring a legal team to seek to prosecute them for fraud please PM me. If we can get 10 to 20 people together as a group I feel we can make something happen.
Good luck.,!
Xfuld is difficult to sell shares..! If the price is .10 can't sell at -.07 even 10000 shares, WTF? Crazy..!
I think anynchatnis good, thanks for tip.! Xfuld, is going no where I feel.! As far as I know there is no business taking place just PR's.!
Xfuld should be care because if it locks up. I will want to get a group together and come after them. If they conducted normal business dealings, true press releases and just fail , fine I lost. But, if the press releases were mean to boost and promote so insiders could dump, then, its jail time. This is the reality and I look forward to doing it, if they cheated, put them in jail..! My last deal PLNI Plasticon international did judy that. I flew to company headquarters met CEO others, looked good. But, they were cheating shooting out fake PR's and James Turek was convicted of a Fraud, still in prison serving 18 years. XFUL leaders when you read my post be careful. Happy trading..!
I got in XFUL late, I am break even after RS at about .35 cents but feel I need to get off this wagon . I see all these PR's and -0- current working staff. At XFUL . Maybe I am wrong but normally businesses need staffing and steady income stream . I think the only real income is from their own stock dilution. My opinion.
I tried to do a test sell of XFUL and I couldn't make the trade. I wonder when this thing will open up?
Yes, the RS 20 to 1 effective my account.
The XFUL management reads and I am sure has been posting here to calm the activity. Let's look at recent activity stock split, company inside trades sells, etc. if we decide. Let's get 20 to 30 of us,mhire amgood lawyer and come after them?
Thoughts?
Plasticon international , cheated with pinks, he got 18 years. XFUL can expect this if they don't turn things around and disclose the latest stock splits and so on..!
U.S. v. TUREK
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No. 12-6275.
View Case Cited Cases
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JAMES NORMAN TUREK, Defendant-Appellant.
United States Court of Appeals, Sixth Circuit.
Filed April 23, 2014.
OPINION
McKEAGUE, Circuit Judge.
James Turek was convicted of securities and tax fraud and sentenced to 216 months in prison. He challenges the district court's assessment of his sentence-level enhancements as to the number of victims harmed and the total amount of loss. Turek did not raise an objection to the district court concerning the presentence report, and we cannot discern plain error from the record below. We affirm.
I.
James Turek was the president, CEO, and director of Plasticon International, Inc., a company based in Lexington, Kentucky. Plasticon's stock was publicly traded on the Pink Sheets over-the-counter market. As part of his fraud scheme, Turek falsely claimed that Plasticon owed him more than $8 million to repay loans he had made to the company. Id. He directed his secretary to backdate promissory notes payable to him, and then from 2004 to 2006 had Plasticon issue him more than 5.6 billion shares of stock pursuant to the promissory notes. To circumvent the Securities and Exchange Commission's rules, Turek gave his shares of stock to various people, including his children and deceased aunt, who then sold the stock to other investors and the general public. Turek and his shell company, LexReal Co., LLC received $11.4 million from the stock sales.
In an effort to stimulate demand for Plasticon's stock, Turek issued press releases falsely stating that Plasticon was profitable, even though it was losing millions of dollars, and that it held patents valued as much as $20 million. During an Internet broadcast, Turek falsely stated that he invested millions of dollars in the company and received no compensation for three and a half years. He filed falsified financial statements with the SEC. He also filed false personal tax returns, failing to report more than $12.7 million in income.
In June 2012, the district court held a ten-day jury trial. The government called fifteen witnesses, including several victims of Turek's fraud and a financial investigator. Peter Melley of the Financial Industry Regulatory Authority (FINRA) testified that from May 2006 to November 2007, more than 8,500 accounts lost more than $18.6 million from the purchase of Plasticon stock. The following exchange between the government's lawyer and Peter Melley ensued:
Q. How many people lost money by purchasing Plasticon stock during this time period?
A. My analysis of trading account information for this period of time showed that approximately 8,500 victim accounts lost money in Plasticon stock, and those investor accounts accounted for approximately $18.6 million in losses.
Trial Tr. at 55-56, PageID # 1604-05. On June 22, 2012, a jury convicted Turek of 13 counts of securities and tax fraud.
The Presentence Investigation Report ("PSR") grouped the counts into two categories— tax fraud and securities fraud—and used the offense level of 41 from the securities fraud group because it was higher. This offense level included a twenty-level increase for a total loss amount between $7 million and $20 million and a six-level increase for more than 250 victims. Based on an offense level of 41, the advisory sentencing guidelines range was 324 to 405 months. The government asked the court to sentence Turek to 324 months. At sentencing, Turek asked for a sentence of 120 months. The district court sentenced Turek to 216 months in prison. The following exchange between the district court and defense counsel ensued:
THE COURT: All right. Ms. Hughes, do you have — that's the sentence I propose to impose. Do you have any objections or requests for additional findings?
MS. HUGHES [DEFENSE]: I have no objections to the sentence and no requests for additional findings, other than the Court indicated it would recommend a medical facility.
Sentencing Tr. at 29, PageID # 2535. This appeal followed.
II.
This court has held that if a defendant fails to object to a presentence report, he accepts all of the factual allegations contained in it. United States v. Vonner, 516 F.3d 382, 385 (6th Cir. 2008) (en banc). Moreover, when a sentencing judge asks counsel if she has any objections and she fails to object, as happened here, "then plain-error review applies on appeal to those arguments not preserved in the district court." Id. We therefore accept the facts stated in the presentence report as true and review for plain error. See id. "To withstand plain-error review, the litigant must show `(1) error, (2) that is plain, and (3) that affect[s] substantial rights' and that `(4) the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.'" United States v. Brock, 501 F.3d 762, 773 (6th Cir. 2007) (quoting Johnson v. United States, 250 U.S. 461, 467 (1997)). A plain error is an error that is "clear" or "obvious." Johnson, 520 U.S. at 467. Such plain, obvious errors are only found "in exceptional circumstances" in which "the trial judge . . . was derelict in countenancing it." Vonner, 516 F.3d at 386 (quoting United States v. Gardiner, 463 F.3d 445, 459 (6th Cir. 2006).
Turek argues that the district court plainly erred in applying the two sentence enhancements. We find that no plain error occurred here, either with respect to the amount of loss or the number of victims. First, as to the amount of loss, "nder the Sentencing Guidelines, the district court is to determine the amount of loss by a preponderance of the evidence, and the district court's findings are not to be overturned unless they are clearly erroneous." United States v. Peppel, 707 F.3d 627, 645 (6th Cir. 2013) (quoting United States v. Rothwell, 387 F.3d 579, 582 (6th Cir. 2004). The district court found that a twenty-level increase in the guideline level applied because the total amount of loss exceeded $7 million. U.S. Sentencing Guidelines Manual § 2B1.1(b)(1)(K). The district court based its determination on the presentence report, which stated that "8,500 accounts lost more than $18.6 million," and on Melley's testimony that he determined the loss amount by conducting an "analysis of trading account information." Trial Tr. at 55-56, PageID # 1604-05. This clearly provides support for the $18.6 million figure and withstands review for plain error.
Second, as to the number of victims, when a fraud offense "involve[s] 250 or more victims," a six-level increase to the guidelines offense applies. U.S. Sentencing Guidelines Manual § 2B1.1(b)(2)(C). It is true that "victim" means "any person who sustained any part of the actual loss," such as an individual, corporation, firm, or company, rather than a bank account. Id. § 2B1.1 cmt. n.1. Turek makes much of the fact that Melley testified that "approximately 8,500 victim accounts lost money in Plasticon stock," noting that an account is not a person and arguing that this constitutes reversible error. Trial Tr. at 55-56, PageID # 1604-05. Under this standard of review, however, an error regarding the number of victims must be plain, and we cannot say the fact that 8,500 accounts were affected obviously does not support a finding that 250 victims were harmed.1 See Puckett v. United States, 556 U.S. 129, 135 (2009) (noting that under plain error review, "the legal error must be clear or obvious, rather than subject to reasonable dispute"). As the government notes, accepting Turek's argument requires the inference that each investor would have had to hold over thirty accounts to reduce the number of victims below 250; this possibility does not constitute the sort of "extraordinary circumstances" warranting reversal under plain error review. See Vonner, 516 F.3d at 386 (quoting Gardiner, 463 F.3d at 459). The cases Turek cites are unhelpful because they concern the resolution of facts that the parties disputed in district court or the sufficiency of facts, rather than facts accepted as true under plain-error review. See United States v. Rodriguez, 732 F.3d 1299, 1303 (11th Cir. 2013) ("Mr. Rodriguez objected and argued that there was insufficient evidence in the record to show that the offense involved more than 50 victims."); see also United States v. Zolp, 479 F.3d 715, 719-20 (9th Cir. 2007) ("While Zolp did not contest the applicability of a § 2B1.1 enhancement for financial loss, the pre-sentence report ("PSR"), the government, and Zolp each proposed a different method of calculating that loss."); United States v. Yagar, 404 F.3d 967, 969 (6th Cir. 2005) (discussing judge-found facts that were not presented to the jury). The determination that over 250 victims were harmed is supported by the record, not obviously incorrect, and withstands plain-error review.
III.
Turek did not object to the presentence report, and we discern no plain error from the record below. The judgment of the district court is AFFIRMED.
FootNotes
1. Notably, the question asked of Melley was how many people lost money, not how many accounts were affected. R. 71, Trial Tr. at 55, PageID # 1604. While it is true that the form of Melley's answer identified the number of victim accounts, in light of the exchange, it cannot even be said that construing Melley's answer to mean 8,500 victims is plain error. See id. at 55-56, PageID # 1604-05.
Not true..! They are held accountable , and if they cheat will get prosecuted and go to prison, no doubt about it..!
That's right, if you properly serve them and nobody shows up,you should get a default judgement.
Guarantee you if I file a complaint, they will know it and want to show up..!
My last one PLNI the SEC, FBI were involved and they went after it.
https://www.leagle.com/decision/infco20140423120
They just check the money trail to find the people. My opinion, XFUL players need money, so they create a PR unload some stock we see a prices drop. I believe these PR's are mostly made up, too many big things without cash flow offices working, office staff , phones working. With as much stuff as XFUL talks about, where is the office staff? Not making the facts check with me. This latest deal was a beauty, 20 to 1 reverse split, I suspect they unloaded some of their stocks, and I think they might have authorized more shares too. The whole thing stinks. This is my opinion, I could be wrong, just make your own choices. All the best of luck.!
PLNI Plasticon international was a stock I was in and same thing manipulate stock, cheating, the CEO is now in Prison 18 years. So XFUL is the same, we can come after them, they can't hide trust me. Seems XFUL has been manipulating the stock and possibly many PR releases are not true. We will find out, so we can all communicate here. I am not big loss here but enough, maybe 20 to 25K but unhappy feels like they might have been cheating. XFUL has all these big PR releases all these companies but can't answer a phone? So,things not right.
Let's all sit tight. We will find out more in a few days. We need to now if they authorized more shares, sold more company share after the split. Then once we find out we can discuss right here how to do. Don't get mad, get even.!
Wow, these XFUL (XFULD) guys are too crooked .! First a reverse split of who knows, then they sell all there shares insider trading. Now we are left with the price before the split. ? Let's let things settle down see how it shakes out. If we are still over a cliff, let's get ready for a class action against them.
Good honest reply , I am with you 100%. These pinks are high risk, pump and dumps so they can dilute after each press release. I tried to sell some earlier , no offers, sucks.! I called the investor hotline, never an answer, email, no reply. These companies live from PR to PR selling shares, but no actual business being conducted. What I think they will do next is authorize more shares to dilute further,Mathis my thoughts. Who knows but I want to get of this ride.,! Thanks for reply..!
XFUL I had 1,260,000. Now is 63,000 worth $12,222 so we will see what happens.! Maybe these guys can put something together soon. Good luck.!
My shares in my account reflect 20 to 1 so maybe it is the final.
Hello everyone, I am into this stock a short time last fall bought in about .011. What do you guys think realistically this stock shake out at in the next week? Any guesses are welcome..thanks.,! Good luck.,!
Ok boys and girls , I had 12600000 shares was at .0043 now I have 63000 at -.02 I think these boys are crooked. Time to class action them for cheating? Any body interested please pm me. Getting tired of the scamming..!
Xful management can start by having someone ANSWER the phone. Why not, use an answering service , act like you care. Seems they are trying to make business by distributing PR releases and it's not working. I feel this stock needs CPR something to revive it. We will see what happens , anyone with any information I would like to see your comments. Thanks and good luck..!
I think anyone's guess is as good as mine. I think we will know something within 30 days one way or another. I have a feeling they will pump out some press releases soon, we will see..! Good luck..!
Here is more current data on GPL Ventures.LLC, company has been around a little over 10 years.
Mailing Address
ONE PENN PLAZA
STE 6196
NEW YORK NY 10119
Business Address
ONE PENN PLAZA
STE 6196
NEW YORK NY 10119
2017392758
GPL Ventures, LLC CIK#: 0001685582 (see all company filings)
State location: NY | State of Inc.: DE | Fiscal Year End: 1231
I think this is the right company.
GPL Ventures, LLC is an Arizona Domestic L.L.C. filed on February 13, 2007 . The company's filing status is listed as Good Standing and its File Number is L13447377.
The Registered Agent on file for this company is Sandra E Portney and is located at Ryan Rapp & Underwood Plc 3200 N Central Ave Ste 1600, Phoenix, AZ 85012. The company's principal address is 6676 W Vista Bonita Dr, Glendale, AZ 85310.
The company has 2 principals on record. The principals are Gregory S Prentice from Glendale AZ and Paul J Lee from Glendale AZ.
I am in on the legal team, tell me how to proceed. I feel these guys are a pump and dump, timemto spank their ass..!
I called the XFUL investor Hot line just voice mail. I wrote two emails within 2 weeks requesting info and no reply. Not sure what's going on, maybe they are busy? Seems to have support around the .005 range though, let's home for the best ? Anyone else?
Easy to say now..ha. I am looking for new information on the direction of the company. Information on name change. I wish XFUL would communicate better..!
Contact Us
Address: 645 Hamilton Street Allentown, PA 18101
Phone: 610-217-3275
Email:
Contact@americanenergy-inc.com
Careers@americanenergy-inc.com
Maybe call to get update is good?
Slipping and sliding , not sure what these guts are doing. All I know is its bleeding down..!
I am not sure what XFUL is doing, seems not so much activity? Has anyone else checked up on the company? I feel the stock is being diluted and wonder what's next ?
I called the investor relations at XFUL , just a recording. I emailed as well and waiting for a reply. I also email XFUEL as well. I will ask some questions about the direction of XFUL and how is their funding effort going. Not sure at this point .....they continue to dilute pushing the stock price down.
I live in Portland, OR I work abroad. Next time I go home i will visit Xful, let you guys know what I see..!
I am in as far as I can go, now its sit and wait..! We will see what happens..!
I am with you, I lost 25K before on a Biotech phase 3 FDA approval fail..! I feel Xful is ok, I am loading up..! Its worth a shot.!
I feel at least Xful seems like they are trying to do things the right way. Hopefully they will meet their funding goals and then we are off and running..! Maybe we can see a good bump within the next 2 weeks or so.Has anyone called the investor line to see what information (legal info) they can provide? Maybe be interesting. Go Xful..!