International Law

Happy Thanksgiving - to All my American Readers

Posted on November 27, 2008
This was a kind gift from Victoria Pynchon, at www.settlenow.com. Related articles by ZemantaProposed Meeting of Law Bloggers at the California State Bar ConventionAre You a Virgin?

Sad Canadian

Posted on November 26, 2008
Image by Getty Images via DaylifeCanadians play hockey - a game which rewards guts.  Canadians play the Grey Cup in November, in outdoor stadiums.  (I have sat through the Grey Cup in Edmonton - beer frozen in under 2 minute.) Canadians send tough lads to Afghanistan in small jeeps...

Why are you buying that?

Posted on November 26, 2008
Image by wallyg via FlickrLes Stewart has very important observation relevant to purchasing franchise due diligence from attorneys:"Credence goods relationships are commercial exchanges that have the following characteristics:the buyer cannot tell really well if he has a problem (can't diagnose),the buyer does not know how much of the good or service he needs to fix a problem (can't assign appropriate resources to solve problem),the buyer cannot judge the quality of the service they need or have received (even after paying for it) andthe person providing the service knows your vulnerability and tends therefore (even sometimes unintentionally) to and persuade you what is in their (as opposed to your) best interests (see Credence Goods attracts Experts who Cheat)...

Are Franchisee Prospects both Lazy and Stupid?

Posted on November 26, 2008
Image via WikipediaRichard Solomon, over at BMM, has a provocative post in which he argues that franchisees prospects who fail to perform due diligence are both lazy and stupid:"There is a level of activity in which you cannot excuse incompetence with the "it's my first time" foolishness...

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Franchise Fraud

Posted on November 26, 2008
Robert Purvin's Franchise Fraud Get your own at Scribd or explore others: Law Bob Purvin wrote a fantastic book about Franchise Fraud, lies all of us in the franchise industry tell ourselves. Purvin makes explicit the dirty laundry that every franchise prospect needs to hear...

The End of the Pigeon King

Posted on November 25, 2008
Image via WikipediaThe CTV's W5 had a good story on the end of the Pigeon King Ponzi.The Pigeon King Ponzi is a story that I wrote about extensively, analyzing the compliance tricks played by the Pigeon King."On a hot August night in Shakespeare, Ont...

How Magicians "Trick" the Mind

Posted on November 25, 2008
Image via WikipediaCan we learn about fraud from magicians?"Magicians are, first and foremost, artists of attention and awareness. They manipulate the focus and intensity of human attention, controlling, at any given instant, what we are aware of and what we are not...

Direct Sellers Happy to Toe the "Party" Line

Posted on November 25, 2008
Image via WikipediaI had the opportunity today to have a wonderful conversation with Robert FitzPatrick, who writes at False Profits, who was in Toronto over the weekend. We discussed biz op fraud and mlm fraud. Generally, we concluded that the mlm companies who were members of the Direct Sellers Association were primarily in the "selling the dream" business...

Ripoff Artists Target Grandparents

Posted on November 25, 2008
Image via WikipediaFrom the FTC Press Release: A scammer calls posing as a grandchild in distress, and tries to put the squeeze on the grandparent to wire money for repairing a car, paying a fine, or getting out of trouble in a foreign country. The Federal Trade Commission, the nation's consumer protection agency, has some advice to avoid being taken in by a supposed "family" member or a fake emergency: Check out the facts before you send money to anyone, anywhere - especially when wire transfers are involved...

Real Business Risk

Posted on November 24, 2008
Image via WikipediaCataloguing the States' and FTC's lawsuits against business opportunity scammers could be depressing - the very same fraud works time and time again.The simplicity of the fraud - the sale of distributorships of over priced machines (candy vending, payphones, dvd vending, etc...

False Profits and Dr. Luzes

Posted on November 24, 2008
Image via WikipediaRobert FitzPatrick has an amazing story:"Many have asked if the extraordinary shift in power in America - with the election of Barack Obama and a large Democratic majority in Congress and in many states - will affect regulation and law enforcement of pyramid schemes and multi-level marketing (MLM)...

The Mary Kay truths you find out later

Posted on November 24, 2008
Image via WikipediaFrom the Pink Truth:"Mary Kay-isms" abound in every Unit, everywhere, USA. The problem is, since they are repeated without analysis or corroboration, these little gems are the backbone of the fraud that keeps recruits coming in and "kaybots" from getting out...

FTC on Testimonials and Endorsements

Posted on November 24, 2008
Image via WikipediaFrom the FTC Press Release:"The Federal Trade Commission today announced it has approved publication of a Federal Register notice seeking public comments on proposed revisions to the Guides Concerning the Use of Endorsements and Testimonials in Advertising...

Do You Sincerely Want to be Rich?

Posted on November 21, 2008
Image via Wikipedia10 Reasons Why You Aren't Rich. Frauds and Scams are not too good to be true. It is bad advice to admonish individuals that they should have "known" that it was too good to be true. Nothing is good to be true until it turns out that way...

No Relief for AdSurf Ponzi

Posted on November 21, 2008
AdSurf Ponzi Get your own at Scribd or explore others: Law Opinions adsurf ponzi This is the end of the line for this particular incarnation of ad surfing money laundering schemes. I did like this from the Judge about Gerald Merha: "Mr...

Business Opportunity Solutions Scam

Posted on November 21, 2008
Image by hfabulous via FlickrThe Toronto Star reports about a standard biz op fraud.A Toronto man has been arrested for defrauding GTA and Vancouver residents of about $800,000 through a digital photo developing machine scam. Police say the suspect was operating the company Business Opportunity Solutions and posted advertisements in local Asian and East Indian newspapers...

Mark Cuban's Defence

Posted on November 20, 2008
Image by Getty Images via DaylifeFrom the Bloomberg news on Mark Cuban"Billionaire Mark Cuban, the owner of the Dallas Mavericks basketball team, was sued by U.S. regulators over claims he made illegal insider trades four years ago in shares of Internet search company Mamma...

Changes to BizOp News

Posted on November 20, 2008
Over the weekend, we will be changing the format of the BizOp News.The change should be seamless, but won't be because technology throws up surprises.The new BizOp News will have the following features:a) replies to comments, a sophisticated threading system which allows you to respond to commentators...

Franchise Arbitration: US versus Ontario Law

Posted on November 19, 2008
Image via WikipediaHow much can Canadian franchise law learn from US law? Most of our franchise specific law is less than 5 years old, while US franchise specific law is much richer. One place Ontario franchise law could look to, as something to avoid, is the excessive cost of determining whether a franchise dispute should be decided by an arbitrator or by the Courts...

Felon's Advice about Combating White Collar Crime

Posted on November 19, 2008
Image via WikipediaSam Antar has a good long post about reforming the capital markets."To President-Elect Barack Obama: While our capital markets require reform, no amount of regulation or oversight can be effective unless those persons charged with carrying it out, have the proper amount experience, knowledge, competence, and professional skepticism to successfully perform their respective jobs and responsibilities...

7-Eleven Converting Corporate Stores

Posted on November 19, 2008
Image by annamatic3000 via FlickrWonder how this corporate downloading might work out?"7-Eleven, Inc., the world's largest convenience retailer and ranked among U.S. top franchisors, is continuing its plan to convert the vast majority of its company-operated stores into franchised operations in the U...

Don't be a victim of home-based business scams!

Posted on November 19, 2008
Image by Getty Images via DaylifeSamantha Maziarz Christmann, writing at the Buffalo News, has an accurate assessment of who is at risk right now from biz op scammers, "As the economy swirls down the drain and consumer anxiety peaks, work-at-home offers become not just more prevalent, but more enticing, according to local experts...

And Now For Something Completely Different

Posted on November 19, 2008

Don't get Fooled

Posted on November 18, 2008
Image by MikeSchinkel via FlickrThis is twice in the last week that I have linked to some good due diligence advice from Seth Godin - proving once again that first class and ethical marketers have the right stuff to detect and deflect the persuasion techniques of the con criminal...

Woman Loses $400,000 to Nigerian E-Mail Scam

Posted on November 18, 2008
Image by mflx-one via FlickrFoxnews has an interesting story about the woman who sent $400k to Nigerian scam artists, it is revealing about the psychology of the mark.An Oregon woman who is out $400,000 after falling for a well-known Internet scam says she wasn't a sucker or an easy mark...

Gold Star Vending Table Top Shooters Biz Op Scam

Posted on November 18, 2008
Image by Getty Images via DaylifeFrom the United States AG, South  Florida, press release about the arrest of several biz op scammers. Two individuals charged in connection with the operation of a fraudulent business opportunity scheme were arrested today following their indictment by a Miami federal grand jury on Oct...

Online matchmaker's ads deceptive

Posted on November 18, 2008
Image by frankdasilva via FlickrMyLuvCrush is being accused of sending fake romances ads.MyLuvCrush couldn't sell you love, but it did rent the unfulfilled promise of romance for $10 a month. That came to an end Monday, when the online horoscope service's parent company, Seattle-based Tatto Media, Inc...

Minkow Exposes Corporate Scoundrels

Posted on November 17, 2008
Image via WikipediaSam Antar has nice piece on Minkow's new services "My dear friend and mentor convicted felon turned fraud fighter Barry Minkow has a message for deceitful directors and officers of public companies: If you lie about your resume, past experience, and qualifications for your present job and such lies show up in SEC filings, he will find out about it and expose you to investors and regulators...

The Overnight Millionaire Scam

Posted on November 17, 2008
Image via WikipediaSeth Godin has some invaluable advice, which I am going to pass on."You probably don't need to read this, but I bet you know people who do. Please feel free to repost or forward: Times are tough, and many say they are going to be tougher...

Candy Bouquet Trademark Issues

Posted on November 17, 2008
Image via WikipediaWhen you sign a franchise agreement, you are not buying a business. Instead, you are renting a trademark or nationally recognized symbol for a specific time, accepting oversight of your business practices, and contributing to a national advertising program, which is presumably designed to enhance the systems' trademarkWell recognized trademarks are valuable because consumers make their decision about where to shop by relying upon these trademarks...

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