Las
Vegas Contest Promoters Banned From Iowa, Ordered
To Pay $90,000 For Targeting Elderly Iowans
DES
MOINES --
Iowa Attorney General Tom Miller said today that his office has obtained
a $90,000 judgment and an order banning four Nevada defendants from
operating alleged "puzzle scams" or doing any future business in Iowa.
The
civil penalty is the largest ever under the State's special law prohibiting
consumer fraud against older Iowans. Defendants named in the judgment
are ADMI, Inc. (doing business as Treasure Express) and Moneda Corporation
(doing business as Puzzles N' Prizes), both of Las Vegas, NV, and Gary
Grande and Lennard Grodzinsky.
"We
alleged that the defendants repeatedly targeted misleading mail solicitations
at older Iowans under such names as Magic Money Maker, Count Your Cash,
Take Home The Cash, Money By Mail, and Stuff Your Pockets," Miller said.
"The solicitations were designed to convince victims that they had already
won or were almost certain to win valuable prizes and cash awards --
but only if they paid a contest fee with every entry they submitted."
"The
entry fees ranged from about $5 to $35, but we alleged some victims
lost $4-6,000 because they were deceived into entering time after time
after time," Miller said.
Miller
said each contest started with an extremely easy "puzzle" -- such as
simply adding several numbers -- that the victims would "solve" and
return along with an entry fee. Then, follow-up simple puzzles were
sent to the victims, each one assuring victims, for example, that they
had "worked hard and qualified for this Official Playoff Puzzle," had
"made it to the big one," or were otherwise uniquely placed to win the
final contest -- if they only entered and paid again.
Miller
said the subsequent puzzle mailings often contained a "Publicity Release"
or "Authorization Certificate" asking victims to authorize publication
of their names as winners, and some instructed victims to designate
their preferred form of payment to receive their award. Victims who
did not return additional entries were sent "Emergency Memos" warning
them that the money would be given to somebody else if they did not
respond immediately.
Miller
said victims would continue to return puzzles and additional entry fees
until the puzzles, at the final level, became unexpectedly and exceedingly
difficult and discouraging.
"People
were manipulated into spending years of effort and money in these contests,
yet the only thing they won was a chance to enter another one of the
defendants' contests," Miller said.
The
Consumer Protection Division indicated early in the case that one of
its concerns was that "puzzle contests" are a device used to develop
lists of vulnerable victims whose names could be sold to other "big-ticket"
telemarketing and mail schemes. These sometimes are called "mooch lists."
Gary
Grande was the president, sole shareholder and sole director of ADMI,
Inc. Lennard Grodzinsky was the sole director and president of Moneda
Corporation.
Grande
and Grodzinsky originally argued that Iowa could not proceed against
them because they were acting in their corporate capacity. In an important
1997 decision, the Supreme Court of Iowa rejected their argument and
ruled that the state could proceed against them due to their primary
participation in the alleged wrongdoing.
"This
case puts fraudulent operators on notice that they cannot hide behind
corporate titles when they try to defraud Iowans," Miller said. "The
judgment includes the highest penalty ever paid under an Iowa law allowing
enhanced penalties against frauds that target elderly victims, and it
reflects our office's determination to protect older Iowans against
consumer fraud."
Miller
said that approximately $67,000 of the amount ordered to be paid will
be dedicated to investigating and prosecuting frauds against older Iowans.
The balance will be returned to elderly victims who filed complaints
with his office and lost as much as $6,000 each.
The
case originally was filed four years ago, and a temporary injunction
was issued then that halted the defendants' operation in Iowa. The State
believes Grande closed down his companies in the wake of the Iowa action
and transferred his assets out of the country, but the State pursued
the case.
Miller
asked Iowans to look out for older friends or relatives who might have
trouble analyzing solicitations, contests and sweepstakes offers. "Many
of the victims in this case sent money because they mistakenly thought
they were sure to receive a valuable prize, and by doing so they may
have identified themselves as likely targets for even more costly schemes,"
he said.
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