Alphapool Bonofa process

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The Alphapool-BONOFA trial is a criminal case before the large commercial criminal chamber at the Saarbrücken regional court , which aims at the legal processing of a suspected investment fraud with millions in damage. So far, seven million have been determined in the proceedings, claims are estimated to be between 50 and 100 million euros worldwide , the number of private investors harmed, mainly from Germany , Austria , Switzerland , France , Spain , Italy , Brazil , Central Africa , Malaysia , Singapore , Lebanon and the Caribbean , is estimated at up to 60,000. Initially, around 40 process days are planned. The trial began on October 20, 2017, the first judgment was issued on March 2, 2018, and the chamber has already imposed prison sentences of between six and seven years on three suspects . Since December 2018, these penalties have also been final .

Several defendants are accused of having fraudulently operated a business model of combined methods of network marketing and features of a “partial” pyramid scheme in order to personally enrich themselves to the detriment of investors for years since 2005 . The company structures that appeared to the outside world bore the names "Alphapool" and "BONOFA" . The funds released by investors from retirement provisions and savings were only pretended to be invested , although it was always unclear where the promised profit distributions were supposed to come from. Apparently this should be concealed by a complex bonus system and self- developed software . In this respect, the business model also has features of a Ponzi scheme . It finally collapsed in 2016 after the Federal Financial Supervisory Authority reported irregularities a year and a half earlier.

Due to the global interdependencies of the multinational sales structure established here via the Internet , the process is well received by the media across the region .

Business activity

Alpha pool

The company "Alphapool AG ", based in Saarbrücken and wholly owned by the managing founders "Thomas K.", "Detlef T." and "Gernot F.", had the task of collecting investors' money since June 8, 2005. With the help of two externally commissioned lawyers, she obtained access to building society contracts , long-term investments, annuity and life insurances , which were terminated before the end of the term, as well as savings and investment accounts of the “investors” recruited. After the contracts were terminated, the surrender values ​​were allegedly invested in investments that were not specified, but described as high-yielding investments of the company's choice ( “blind pool investment” ). The “investor” was promised fantastic results, such as “100% return in the shortest possible time”, “30% of the surrender value immediately, double the remaining amount after eight years”. In doing so, they should also have been instructed about risks, which definitely included the possibility of a total loss without bankruptcy protection. Instead, “safe investment in real estate” was promised. The acquisition of new customers was not incumbent while the (numerically small) salaried permanent staff, but use was an independent "distributors". After the conclusion of the contract, each “investor” was specifically motivated to name other “investors” or to act as a sales partner himself.

The commission-based remuneration system should offer sales partners the opportunity to advance through a certain series of steps and thereby gradually increase their earnings. Usually, depending on the level, commissions of 10 to 90 per thousand of the contract amount should have been paid. Moving up the hierarchy was made possible by achieving minimum sales in two consecutive quarters, whereby 250, 500, 1000 (figures in thousands of euros) had to be capitalized for levels seven to nine. Starting at level six, a permanent portfolio commission was also paid on all assets brought in so far. If sales were no longer achieved, a downgrade followed. In addition, there were overhead commissions that shared a sales partner in the earnings of the agents he had recruited and classified hierarchically below him in the sales structure without having to become active again. The company founders occupied key positions. The total quite costly commissions, which also increased with each new recruiting of a sales partner, immediately claimed a significant part of the received customer money and were therefore not available as capital to generate profits from the outset. Typically, this means that any commissions and distributions will soon have to be served entirely from the newly received customer funds. If the net inflow of capital then dries up, there is a threat of collapse.

In January 2013 "Alphapool" ended its business activity, relocated to Leipzig and changed its legal form to " GmbH ". On October 31, 2014, the Federal Financial Supervisory Authority (BaFin) became aware and ordered the company to immediately process what it saw as “unauthorized deposit business pursuant to Sections 1, 32, 54 KWG ”. This meant that all "managed" customer funds would be paid out immediately, which the company was unable to do. By order of the Leipzig District Court on May 5, 2015, a (provisional) insolvency administrator was appointed for “Alphapool GmbH”. The administrative court in Frankfurt am Main rejected the objection to the winding-up order on January 20, 2015. The Hessian Administrative Court rejected the complaint lodged thereupon by decision of June 25, 2015. An insolvency report revealed that “Alphapool GmbH” had accumulated liabilities of currently 5.8 million euros, the claims of 843 investors alone totaled 5.6 million euros. On the other hand, there were hardly any assets worth mentioning , just the prospect of taking legal action against an existing property damage liability insurance policy. Whether and to what extent this could promise success against the background of unauthorized and presumably fraudulent business activity remained uncertain. The company was insolvent in September 2015 .

Worse still, in July 2018 the cheated investors were faced with new demands. Now the insolvency administrator has claimed so-called “bogus profit distributions”, which were probably paid in the past. According to the administrator and his 5th assessment report, 618 creditors have now registered claims totaling almost 11.5 million euros as insolvency claims on the table. Of these, claims amounting to 8.3 million euros have already been established and claims amounting to 3 million euros have been disputed.

BONOFA

Traces in the second investigation complex lead as far as Liechtenstein , where the company "BONOFA Consulting GmbH", founded on August 19, 2013 in Saarbrücken, last had its headquarters. Apparently an attempt was made to use networks to set up various distribution channels for a parallel pyramid system, which was presumably initially built up from income from the "Alpha Pool" and (until bankruptcy) was probably also fed. The productive activity of the company "BONOFA - the future is now" presumably exhausted itself in the creation of impressive online presences and the professional staging of motivation and training videos . The company also stood out in the organization of glamorous advertising events (“BONOFA Day”, “BONOFA Mega Event”). Against this backdrop, the well-known founding duo of the otherwise buttoned-up “Alphapool” from the Saarland - “Thomas K.” and “Detlef T.” - happily established themselves. The computer specialist “Martin B.” from the Palatinate was also taken on board. In fine suits, equipped with appropriate status symbols such as designer jewelry, fine glasses and expensive watches, the initiators approved annual salaries of up to six figures as “directors” and “managers”. They presented themselves as busy and always traveling, preferably in helicopters and Learjet , luxury automobiles and motor yachts, in front of the skyline of sophisticated metropolises. Willing claqueurs were found in the numerically impressive, multicultural -looking entourage of the "sales managers" , who had arrived at different "rankings" ("Bronze" - "Silver" - "Gold" - "Star Diamond" - "Double Star Diamond", etc. ) which the BONOFA bosses celebrated as "innovative founders" at every opportunity.

The "core business" was apparently devoted to an almost inflationary production of computer tools, which were mainly used to acquire and support the customer base and online communication. The "Professional Control Center (Business-All-in-One) BAIO +", "videopage7", "promopage7", "whiteboard7", "Marketing Headquarter (MHQ)" and the "Automatic Business System (ABS)" were named as examples , which in reality only rely on the existing communication options of the Internet and already established social media or traditional trading platforms and offer their users little added value. New tools ( “FileBird”, “Divvy”, “BAIOpro” ) were constantly being announced which, according to the lip service of the management, set “new standards in online network marketing” and “Internet users participate directly in the growth market of online business “Should leave. The final culmination was the (useless) "CUBE7" , which was generated from the sales of the "partners" at the lowest level of the pyramid system on known trading platforms (worthless) "bonus points" ("B.comPoints", in press reports "balloons", "drum currency" "And" Magic Beans "), which were also subject to an expiration date. Their equivalent was given as 15 euro cents . The partners had to buy the economic advancement in the system, depending on the commitment and membership in (fee-based) programs such as “Nonstop Bonus”, “Activate Bonus”, “PromoClub the winner”, “Aventador Accelerator Bonus” , the value of the bonus should also be included Multiples of this can be up to (unrealistic) 75 percent of the sales generated by the subordinate partners. For this, software had to be “licensed” to newly recruited partners (“registration fee” 30 euros) or higher-value bundles in a price range from 100 to 2,500 euros. With the credit of a multiple “B.comPoint” point bonus - half a million or, according to the advertising promise, (at least) 75,000 euros, the fictitious equivalent of a software package of 2,500 euros - these expenses appeared attractive. Outwardly, the investment character of the system was negated - one simply sold “software licenses”. Those who wanted to “cash in” often encountered difficulties. The realization of profits from the bonuses did not go smoothly beyond the full-bodied promises. This was then downplayed as a "customary software bug " that was already being worked on "feverishly". According to reports, there were no options to withdraw or to reimburse the "partner fees" already paid. It was envisaged that the collected bonuses in the (planned) IPO of the company directly in shares ( "BONOFA - sustainability concept" ) would be convertible. So the customers of the company would have to convert their (worthless) bonuses into (even more worthless) shares in the last instance (without alternative).

In order to keep investors happy and to clarify the “business concept”, the company regularly published “motivational videos” on social media channels and internet platforms such as YouTube . From October 31, 2013 to May 17, 2016, around 300 titles were created in German, French, English, Spanish, Italian and Portuguese, most of which have since been taken offline.

Regular meetings, initially at the company headquarters, such as the “German / French BONOFA Day” on April 25, 2015, served to promote sales. The participants were given presentations on how they could become part of the successful community and move up the hierarchy. The speakers presented participation concepts such as “Activate Bonus - Become a Co-Entrepreneur”, “PromoClub the Winner - Passive Income Every Second” and “Aventador Accelerator Bonus - Experience True Luxury” in multimedia presentations.

Naturally, the statements of the company founders were particularly in demand. On November 27th, 2015, “Thomas K.” and “Martin B.” expressed their positive feedback in a video message about the course of business. Problems in realizing the partner bonuses were discussed for the first time and played down as software bugs. "Christmas greetings" from the founders followed on December 22nd, 2015. Allegedly, 300,000 euros in investments in Malaysia, Singapore and Central Africa were won. New markets will be opened and 500,000 partners will be established in the future, and the company is already on the verge of the 100,000 mark. Many events are planned for the coming year, the absolute highlight in October 2016 with a major event. But it didn't come to that. The insolvency proceedings against “Alphapool” had been in full swing since the middle of the year.

The last “BONOFA Day” took place on May 7, 2016 in the Saarbrücken Congress Hall. Luxury limousines rolled into position in front of the hall, the company bosses and top salespeople held court appropriately and were cheered like megastars when they moved in. Whip in "Sales manager" Sandra L. welcomed the "Founders" Detlef T. and Martin B. as well as the "CEO" Thomas K. to the frenetic applause of almost 200 people present. The protagonists who had already risen in the program presented their concepts on the stage. Dazzling personalities from the international audience such as “Sales Manager” Claus Sch., “Team Leader” Johnny BC, Renato P., Janusch G., Salma T., Sermin B., Alain JT, and “Bronze Manager” Axel regularly had their say M., "Star Diamond Manager" Andreas K., Michael T., "Double Star Diamond Manager" David Z., Isabelle L., "Triple Star Diamond Manager" Patrice L., Christian G., Turienne C. and "Crown Diamond Manager “Jean-Michel C. A significant part of the program was dedicated to honoring deserving colleagues, here the subordinate batches received their badges and certificates. But all the full-bodied promises of the event were owed to the audience.

Less than a fortnight later, on May 19, 2016, operations ended abruptly with the arrest of the “BONOFA” management team. On November 29, 2017, the criminal proceedings were already in full swing, the company was deleted from the commercial register - the closing balance showed a cash balance of just 825 euros.

Investigations

On May 19, 2016, the Saarbrücken public prosecutor's office carried out a large-scale raid in which economic investigators from the state police and around 1,200 officials were said to have been involved. A total of 126 house searches of 54 people were arranged, mainly in Saarland, Rhineland-Palatinate and Saxony . The initiators of "BONOFA", who were already known by name, were arrested. The time of his arrest, 54-year-old electrical engineer "Thomas K." from Riegelsberg , the 63-year-old insurance and cosmetics - entrepreneurs "Detlef T." from Saarbruecken, the 60-year-old merchant "Gernot F." from Wallerfangen and 38 -year-old IT -Fachmann "Martin B." from Two bridges moved into the prison Saarbrucken as remand prisoners one. The arrest warrant against "Martin B." (only since 2011 with "BONOFA") was already suspended in October 2016 against conditions, he announced readiness to testify. The other three accused were silent on the matter.

In a detention review on May 22, 2017, the court confirmed the remaining three arrest warrants on the grounds of urgent suspicion and risk of flight , and in view of the seriousness of the offenses, the continuation of detention is also proportionate . It has already become apparent that the seized assets amounting to almost 1.8 million euros could not cover the damage allegedly caused by “Alphapool” and “BONOFA”.

process

On August 3, 2017, charges were brought against the three arrested suspects for commercial and gang fraud , delaying bankruptcy and trading without permission under the Banking Act. In addition, the question had to be clarified whether the cheated customers were really caught up in an unscrupulous gang of fraudsters or whether they were not acting too gullibly and were therefore responsible for the loss of the deposited funds themselves. On behalf of the defendants, the defense denied any intent to commit fraud, in fact investments were made in good faith with initially calculable risk. However, it only became apparent in retrospect that their value was doubtful.

On October 20, 2017, the "Alphapool" complex was negotiated for the first time. The loss of customer funds in the millions was undisputed. As expected, the accused remained silent on the allegations, but "Gernot F." announced that he would "comment" at the next meeting. In essence, he asserted that he only acted as a " straw man " away from day-to-day business . Only after the evidence was taken and a failed "deal" with the public prosecutor did all three accused announce that they would break their silence after all. The defendant "Detlef T." admitted that for too long he had untruthfully pretended to investors that their money was flowing into secure real estate investments - which it has been proven never happened. However, he denied that a fraudulent pyramid scheme was planned. From today's perspective, he called his actions “naive and naive”. The defendant "Thomas K." apologized to the injured party for having "not looked closely enough at the business". Finally with tears, at least the defendants "Detlef T." and "Gernot F.", all of them reaffirmed in their closing remarks after 35 days of negotiations that they had not acted with fraudulent intent. In fact, they had pursued the goal of increasing the benefit of investors through investments that promise to make a profit, but were suddenly maneuvered into a hopeless situation. They regretted the total loss. The public prosecutor's office demanded long prison terms of between seven and nine years, the defense against acquittals for all three defendants, but if found guilty, a maximum of five years in prison.

On March 2, 2018, the court ruled on the grounds that it was proven that the defendants cheated 900 investors with “Alphapool AG” for around seven million euros. It seemed agreed that the transferred funds should not be invested again at all, but instead flowed directly into a partial pyramid scheme. "Thomas K." was sentenced to seven years in prison for fraud in a gang and illicit trading in capital investments. "Detlef T." received six years and six months, "Gernot F." six years and three months - he most recently cooperated with the public prosecutor.

The well-known Saarbrücken defense lawyer Walter Teusch (known from the Pascal trial and as a defender of the underworld great Hugo Lacour, known from the red-light affair around Oskar Lafontaine) commented on the judgment as a "punch in the pit of the stomach" and the sentence as "completely disproportionate". He also did not see the actions of his clients as “criminal from the outset”. High-risk business models practiced on a thin capital base are "quite common in business", but if they go wrong then this is probably "regrettable but not punishable". The defense lawyers announced a revision . On December 14, 2018, the Federal Court of Justice rejected the revision requests, making the judgments final. Investigations into the BONOFA complex are still ongoing.

Literature and Sources

Individual evidence

  1. ↑ Thomas Bremer: Alphapool and the process in Saarbrücken. Consumer Protection Forum.berlin, October 21, 2017, accessed on March 23, 2018 .
  2. ↑ a b wave of arrests! Game over for Bonofa? MLM-Worldwide, May 24, 2016, accessed March 25, 2018 .
  3. ↑ Ted Nuyten: BONOFA Management Arrested In Germany For $ 100 Million Fraud. Business for Home, May 25, 2016, accessed March 25, 2018 .
  4. ↑ BONOFA dans le viseur de la justice allemande. Jeune Afrique, May 26, 2016, accessed March 25, 2018 .
  5. ↑ Public prosecutor's office gives first figures in the Bonofa case - Ergaunerte duo 50 million euros? BILD , March 29, 2017, accessed March 25, 2018 .
  6. ^ Association for Social and Civil Legal Consciousness eV: Pyramid scheme blown! Estimated damage 20 million euros. businessportal24.de, May 21, 2016, accessed on March 26, 2018 .
  7. ↑ a b Dr. Thomas Schulte: alphapool AG - Payouts stall - contractual partners are getting nervous. File number! Legal information from Berlin, April 7, 2015, accessed on March 26, 2018 .
  8. ↑ Alphapool GmbH: BaFin orders processing of the unauthorized deposit business. Federal Financial Supervisory Authority, July 16, 2015, accessed on March 25, 2018 .
  9. ↑ alphapool GmbH - alphapool AG - Insolvency. Thum & Strauss Lawyers, April 29, 2015, accessed on March 25, 2018 .
  10. ↑ Dana Wiest: Alphapool GmbH: Why an insolvency report? File number! Legal information from Berlin, November 10, 2015, accessed on March 25, 2018 .
  11. ↑ anwalt24: Alphapool: Insolvency administrator demands back fictitious profits from investors. Wolters Kluwer, July 26, 2018, accessed November 6, 2018 .
  12. ↑ a b Alphapool and Bonofa: Systems that caused damage to customers? Gray market information, May 23, 2016, accessed on March 25, 2018 .
  13. ↑ Steffen Meyer: The indictment against alleged investment fraudsters has 1359 pages. BILD, August 3, 2017, accessed on March 25, 2018 .
  14. ↑ BONOFA is expanding its product range with videopage7 - 16 tools online this summer. PR Terminal, September 8, 2014, accessed March 25, 2018 .
  15. ↑ BONOFA - be there too! Online Investment Portal, December 27, 2015, accessed March 30, 2018 .
  16. ↑ Investor fury as Bonofa networking site is still a notworking site. Mirror Online , May 2, 2014; accessed March 25, 2018 .
  17. ↑ Bonofa business presentation. YouTube video channel "Lina Marie", September 25, 2015, accessed on November 6, 2018 .
  18. ↑ Michael Jungmann: Arrest warrants against finance managers. Pfälzischer Merkur , May 20, 2016, accessed on March 25, 2018 .
  19. ↑ Zweibrücker manager released from custody: 38-year-old is said to have cheated on a large scale. SOL.de, November 2, 2016, accessed on March 25, 2018 .
  20. ↑ BONOFA AG - Martin Böhm now "crown" witness of the public prosecutor's office? Gray market information, June 27, 2016, accessed on March 25, 2018 .
  21. ↑ Saarbrücken public prosecutor 05 Js 350/15. DieBevalung.de, June 2, 2017, accessed on March 25, 2018 .
  22. ^ Wolfgang Ihl: Mammoth criminal trial against financial jugglers from the Saarland. Saarbrücker Zeitung, October 20, 2017, accessed on March 25, 2018 .
  23. ↑ Alphapool process started. Consumer Protection Forum Berlin, October 21, 2017, accessed on March 25, 2018 .
  24. ↑ Alphapool trial: defendants want to break silence. Saarländischer Rundfunk, January 11, 2018, accessed on March 25, 2018 .
  25. ↑ Defendant in the fraud trial unpacks. Saarländischer Rundfunk, January 26, 2018, accessed on March 25, 2018 .
  26. ↑ Sorry to the Alphapool process. Saarländischer Rundfunk, February 6, 2018, accessed on March 25, 2018 .
  27. ↑ Indictment in the Alphapool trial calls for imprisonment. Saarländischer Rundfunk, February 23, 2018, accessed on March 25, 2018 .
  28. ↑ Wolfgang Ihl: Alleged millions of fraudsters from the Saar are said to be behind bars for years. Saarbrücker Zeitung , March 2, 2018, accessed on March 25, 2018 .
  29. ↑ Cathrin Elss-Seringhaus: Fearless among murderers. Saarbrücker Zeitung, May 5, 2017, accessed on March 25, 2018 .
  30. ↑ Barbara Spitzer: Up to seven years imprisonment for ex-Alphapool consultants. Saarländischer Rundfunk, March 2, 2018, accessed on March 25, 2018 .
  31. ↑ Michael Jungmann: The verdict against three Alphapool managers is final. Saarbrücker Zeitung, December 14, 2018, accessed on January 14, 2019 .