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Friday 30 November 2012

Last week police raided the offices of the Amway India Enterprises Ltd,

The state was the first in the country to come out with detailed guidelines for the direct selling industry, which is evolving globally with rapid technological development.
However, the guidelines that incidentally are being relied upon by the federal government to enact a national law to regulate the industry have not helped law enforcement agencies in the state to make a distinction between genuine direct selling firms and fake multi-level marketing (MLM) companies.
While about 10 multi-level marketing companies, most of them headquartered outside the state, have robbed people of millions of rupees in the last three years, the direct selling companies that have been providing jobs to thousands of people in the state, especially women, have been finding the going tough in the market vitiated by the fly-by-night operators.
Last week, the police raided the offices of the Amway India Enterprises Ltd, the leading direct selling company in the country, across the state, closed down its four direct selling centres and arrested their area manager. All India Trade Union Congress (AITUC) leader, Kanam Rajendran, said the action was based on the wrong perception that Amway was a money-chain operator.
He said the trade unions representing direct selling companies had recently met Chief Minister Oommen Chandy and Home Minister Thiruvanchoor Radhakrishnan and explained the business models followed by the direct selling companies. In the light of the latest crackdown on Amway he has urged the government to frame a legislation to protect employees and distributors of direct selling companies.
Amway India Managing Director William S. Pinckney said the company has been selling its products directly to the consumers in their homes through a network of salespersons offering commission for the sales only. He said there was no compulsion on the sellers to buy products unlike in the case of MLM companies that permits drawing of commission by the direct sellers/distributors from their downline direct sellers/distributors at multiple levels in depth.
Pinckney said Amway was also refunding payment for products that the seller could not sell. Not many direct selling companies have this provision, he added. He said a federal law for governing the direct selling industry would be of immense benefit to not only the industry but also the country since it offers significant economic advantages.
Apart from the tax they pay; the direct selling companies significantly contribute towards self-employment generation. In India, Amway alone has over a million active sellers. Over 50,000 people in Kerala are engaged in the industry. As over 60 per cent of sales force comprise of women, the industry has been facilitating women empowerment in a big way. Besides providing equal opportunity, they create a source to increase the family income.

Tuesday 27 November 2012

survey company was suspiciously similar to a Ponzi scheme.

In a story on Speak Asia in May 2011, ET Wealth had pointed out how the business model of the survey company was suspiciously similar to a Ponzi scheme. In the weeks that followed, the Speak Asia bubble burst and top functionaries were taken into custody for financial irregularities.


Tucked away in a small corner of the story was information on another case of cheating: the Stock Guru scam by Ulhas Khaire. Earlier this month, the police arrested Khaire and his wife Raksha for allegedly cheating almost 2 lakh investors of Rs 1,100 crore.

These are only two cases in a minefield littered with scams and fraudulent schemes. Speak Asia went bust because it made the cardinal mistake of appearing in the limelight.

The company launched a multimedia blitzkrieg and tapped the upper layer of the urban market, thus inviting a scrutiny by the authorities. Other, similar survey companies continue to operate in smaller towns and semi-urban areas without any hitch. Hundreds of unauthorised outfits are collecting money from the public by promising 40-50% returns.

Awareness is the first level of defence against such scams. In the following pages, we look at some of the most common types of scams and tell you how you can avoid them. Some of these fraudulent schemes have obvious red flags. In other cases, the catch is more nuanced and you have to be more careful.

Take the projections of companies with a pinch of salt. For instance, teak plantation companies like to calculate the returns from trees based on the retail price of wood. So, if you own 100 trees and each tree yields around 40 cu ft of teak, you have about 4,000 cu ft of wood.

The retail price of this wood can certainly fund your retirement, but you must remember that cutting the trees, transporting them to the factory, waiting for the wood to dry and mature, and ultimately sawing it into logs will incur their own cost. As a planter, you won't even get 50% of the retail price for your produce. Keep this in mind when you invest in a plantation company. As Prime Minister Manmohan Singh warned, money doesn't grow on trees!


Case of Ankur Sachdeva
Don't be lured by supernormal returns

The best way to double your money is to fold it in half and keep it in your pocket, goes an old joke. The victims of the Stock Guru scam may not find this amusing. Nearly 2 lakh small investors poured in an estimated Rs 1,100 crore into the scheme, convinced that it would earn them 20% per month. Many of the victims were poorly educated and financial illiterates, such as Karnal-based Sandeep Sharma.

This high school dropout claims to have lost Rs 1.25 crore in the scam. However, even well-educated professionals and seemingly savvy businessmen did not question how Ulhas Khaire could pay 20% per month for six months and return the principal in the seventh month. "We were blinded by the greed of high returns," admits Ankur Sachdeva (see picture). The Delhi-based businessman has spearheaded the efforts of Stock Guru victims to bring Khaire and his wife Raksha to justice.

Earlier this year, investors in the Gold Sukh scheme in Jaipur suffered the same fate. The scheme had promised to pay investors up to 150% returns in 18 months by investing in gold futures. It was obviously a sham and the scheme promoter, Narendra Singh, made off with Rs 200 crore. However, the long arm of the law caught up with him in Vietnam, from where he was extradited to India. Singh died of a heart attack in a Jaipur jail in September this year.

Similarly, there are stock advisory companies that promise to more than double your money in 3-4 months. A telemarketing executive will call you with a plan that turns your Rs 10,000 into Rs 30,000 in 3-4 months.

Monday 26 November 2012

SpeakAsia’s network of such collection entities was discovered, the RBI (Reserve Bank of India) gathered some information, only to discover that over Rs800 crore has already been transferred to Singapore.


Thanks to supportive politicians and shirking regulators, MLMs continue to con millions with impunity

The con artists who scammed over Rs1,000 crore from gullible savers through Stockguru India were finally arrested on 14th November. Moneylife had warned about this scam in December 2010, well before the fraudsters absconded with investors’ money to evade the police for nearly two years by assuming different disguises and identities.

Immediately after, we received a flurry of questions about QNet, an international (Singapore registered) pyramid scheme that has been busy luring youngsters in dead-end jobs with the promise of extraordinary wealth. Moneylife first wrote about QNet, when it was hawking ‘numismatic’ gold coins for Rs30,000 through a company called GoldQuest (now operates as QI, QNet or QuestNet in different geographies). This was in 2009, well before SpeakAsia, a Singapore-based scam operator walked away with over Rs1,300 crore collected from around 1.2 million persons. GoldQuest, which boasts powerful political connections, was completely destroyed after a police action in Chennai in 2009, but has bounced back, bigger and stronger, this time with an array of ‘products’ priced between Rs30,000 to Rs7 lakh, depending on the gullibility of the victim. What should worry us all is that these are among tens of thousands of such schemes that are robbing naive people all over India.
Most big Ponzi schemes, like QNet, silence mainstream media with advertisements, build credibility by sponsoring events, recruit sports personalities through endorsement contracts and flaunt a charity to burnish their image. All this hides their dodgy legal status. Legally, every scheme that recruits new members falls foul of India’s ineffective (but tough-on-paper) Prize Chits & Money Circulation Schemes (Banning) Act, 1978.

How global direct-selling companies entered India with FIPB (foreign investment promotion board) by side-stepping the Prize Chits act probably merits an entire book. It involved deliberate obfuscation of rules by a deeply corrupt government. The ministry of corporate affairs (MCA) also issued a circular to give them questionable legitimacy.

Unlike many developed countries, India does not distinguish between multi-level marketing (MLM) companies and pure Ponzi operations or pyramid marketing companies. This means that MLMs such as Amway and Tupperware are lumped with shady operations such as QNet, NMart, PACL, SpeakAsia and others. Since SpeakAsia and QNet are global operations, they had deep pockets and could survive for years by moving money from one country to another. A quick Google or Wikipedia search would show that they repeatedly face arrest and legal action all over the world.

Indian operations of pyramid companies like QNet and SpeakAsia are possible purely because of the slothful bureaucracy of the MCA. These are Singapore-registered companies with no Indian presence. However, they quietly register several tiny entities all over India, which open bank accounts to collect money and quickly transfer it overseas. This was clearly revealed in the SpeakAsia case and seems to be the pattern in QNet as well.

Consider this. QNet claims to be in operation for 14 years although it was completely wiped out as recently as 2009. It asks its dealers or independent retailers (IRs), to deposit money in a company called Vihaan Direct Selling Pvt Ltd, incorporated only in October 2011 with a Rs10 lakh capital at a Bengaluru address.  The MCA website shows no founders/directors and nobody knows how much of money it has collected or transferred.  What is the due diligence done when such entities are registered to mop up funds? After SpeakAsia’s network of such collection entities was discovered, the RBI (Reserve Bank of India) gathered some information, only to discover that over Rs800 crore has already been transferred to Singapore. The RBI did nothing to stop other pyramid companies from using the same route to transfer funds abroad. Nothing. QNet is clearly following the same path as SpeakAsia, but who will investigate it? More importantly, Moneylife has been writing to the RBI governor and deputy governors (Usha Thorat) since 2009, but they claim lack of jurisdiction. Our question is simple. If the RBI pretends helplessness in checking scams that are looting millions of people why is the RBI governor heading the High Level Coordination Committee on Financial Markets? Is it only play referee when regulatory bodies break into unseemly public squabbles?

Saturday 24 November 2012

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Friday 23 November 2012

Kerala high court update cases against MonaVie India Enterprises

HC to scrutinize MLM guidelines
The Kerala high court on Monday asked the state government to clarify on the guidelines that were relied upon to register cases against MonaVie India Enterprises. The direction by justice T R Ramachandran Nair was while considering a petition by MonaVie challenging freezing of its bank accounts by the police.
The court asked the state to clarify whether any reports have been filed in any court against MonaVie. It directed the police to inform about the accounts that were ordered to be frozen and whether any report has been filed regarding the freeze to any court.The state had submitted last week that it hasn't permitted any MLM company flouting guidelines, to function.The submission was in response to MonaVie's contention that it is operating after obtaining necessary permission. Appearing in the case, special government pleader Sujith Mathew Jose had submitted that MonaVie violated the guidelines issued by the government for direct selling. Its operation is also in violation of the provisions of Prize Chits and Money Circulation (Banning) Act of 1978, the government contends.
MonaVie is alleged to have duped around Rs 12 crore from investors.
A petition by MonaVie's distributor M Shamsudeen alleging contempt of court by the government in his arrest is also pending before the high court.
It cannot be believed that illegal sand mining was being carried out in such an open place without the knowledge of superior officers in police, the court observed.
Policemen themselves engaging in illegal activities such as sand mining is shocking, the Kerala High Court observed on Monday.
The observation by justice P Bhavadasan was while disposing anticipatory bail applications related to the death of a sand mining worker, who was murdered when he questioned mining by policemen.
The court was considering bail applications by Sajil and Vikaraman, the third and fourth accused, in the death of mining worker Vijayan at Mavila Mannadi river at Thiruvananthapuram. Two policemen, Jalalmon and Joy, are the first and second accused in the case.
The court's observation about illegal activities by policemen was after noting that the case diary prima facie reveals the role of the policemen.
According to prosecution, a scuffle broke out between Vijayan and the policemen while engaged in mining on August 21. When Vijayan advanced, by swimming, to the boat in which the policemen were in, he was kicked and pushed out onto a gorge, where he drowned.
The accusation against the third and fourth accused is that they didn't try to save Vijayan though they were on the banks of the river. In their bail applications, Sajil and Vikraman alleged that they were made the main accused in the case by the investigating officer to save the policemen.

WP 3210/2011, 3211/2011


WP 3210/2011, 3211/2011 was heard today and the matter has been adjourned for 07th Dec 2012

Thursday 22 November 2012

Government has detected bogus companie - SpeakAsia Online,


The government today said it has detected four "bogus" companies, including SpeakAsia Online, in the last three years.
Minister of State for Corporate Affairs Sachin Pilot in a written reply to the Lok Sabha said the government has detected four bogus companies-- SpeakAsia Online, Purvanchal Krishi Vinan Corporation Ltd, Wonders Healthcare Pvt Ltd, Perceptor Knowledge Academy Pvt Ltd-- in the last three years.
He said any company operating without registration or incorporation under the the Companies Act, 1956 is considered bogus.
Pilot further said the government has ordered Serious Fraud Investigation Office (SFIO) to probe into the affairs of SpeakAsia, while in the case of remaining three firms, Registrar of Companies (ROC), Kanpur, has filed prosecution under the Companies Act.
SFIO is the investigation arm of the ministry of corporate affairs (MCA).
"Investigation into the affairs of SpeakAsia has been ordered to be conducted by SFIO," the minister said.


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Update from Corporate Marketing Team

 

Update from Corporate Marketing Team



Dear SpeakAsians,
 A few pages such as speakasia online support are fraudulently claiming to be the official company pages in the social networking sites such as Facebook. We would like to state that the company has only one official medium of communication that is Speakasiaonlinemarketing.blogspot.com. Anybody else claiming to represent the company is doing so falsely and the company is initiating strict legal action against such websites & social networking sites. 
On the payout front, the company had sent out the first set of test remittances to the bank accounts of some of the panelists. The company at the moment is collating the data as to who all have received it and for those who didn't get it, the company is identifying the cause and finding remedial solutions for it. Once this exercise is complete the company will then start the payout process in full swing.


Warm Regards,
SpeakAsia Corporate Marketing Team

Today Case Mumbai High Court




Today Case Mumbai High Court
Case no.70

Wednesday 21 November 2012

कसाब अंग्रेजी और मराठी भाषा बोलने लगा था


kasab-LeT

पाकिस्तानी आतंकवादी अजमल कसाब ने मुंबई हमला मामले में सुनवाई के दौरान न्यायाधीश, पुलिसकर्मियों और अदालत के अधिकारियों को अपनी बुद्धि और समझने की शक्ति से खासा प्रभावित किया था. कसाब ने सुनवाई के दौरान मराठी भाषा चुनी और अपने आस पास के लोगों से मराठी में ही बात की.
आर्थर रोड कारागार में विशेष रूप से बनाई गई अदालत में कसाब द्वारा स्थानीय भाषा मराठी को तुरंत सीखने ने सभी उपस्थित लोगों का ध्यान आकषिर्त किया था. कसाब को बुधवार को पुणे की यरवदा जेल में फांसी पर लटकाया गया.
यह पूछे जाने पर कि क्या उसकी तबीयत ठीक नहीं है, कसाब ने तीन साल पहले अदालत में मराठी भाषा में कहा था, ‘नहीं, नहीं, ताप नहीं (नहीं, नहीं मुझे बुखार नहीं है).’
उर्दू माध्यम वाले स्कूल में चौथी कक्षा की पढ़ाई बीच में ही छोड़ने वाला कसाब मई 2009 में सुनवाई शुरू होने के बाद से थोड़ी-थोड़ी अंग्रेजी और मराठी भाषा बोलने लगा था क्योंकि गवाह, वकील और न्यायाधीश इन भाषाओं में बोलते थे. हालांकि सबूत अंग्रेजी में रिकार्ड किये गये.
कसाब ने मराठी में सबसे पहले ‘तुमही निघुन जा’ (आप जा सकते हैं) शब्द सीखे थे. विशेष लोक अभियोजक उज्जवल निकम ने ये शब्द कसाब को सिखाए थे. कसाब भोजनावकाश के दौरान निकम से मजाक के लहजे में ‘तुमही निघुन जा’ बोला करता था जिसके बाद दोनों हंसने लगते थे.
कसाब अक्सर विशेष अदालत के न्यायाधीश एमएल टहिलियानी से ‘गुड मार्निंग’ बोला करता था. जब गवाह अंग्रेजी में बयान देते थे, न्यायाधीश उससे पूछते थे कि क्या उसे समझ में आया कि क्या बयान दिया गया.
निकम ने कहा, ‘कसाब बहुत बुद्धिमान था और उसमें समझने की अच्छी शक्ति थी. 26/11 साजिशकर्ताओं द्वारा पाकिस्तान में उसे दिए गए सैन्य प्रशिक्षण का इससे संबंध हो सकता है.’

कसाब का हिसाब पूरा



कसाब का हिसाब पूरा, अब कौन-कौन है कतार में?





मुंबई हमले के दोषी अजमल आमिर कसाब की दया याचिका ठुकराने के बाद राष्ट्रपति प्रणब मुखर्जी के पास अब 14 दया याचिकाएं रह गई हैं। इनमें दिसंबर 2001 में संसद पर हमले के दोषी अफजल गुरु की दया याचिका भी है। कसाब की दया याचिका शायद पहली याचिका थी, जिस पर मुखर्जी ने फैसला लिया। केंद्रीय गृह मंत्रालय से मिली सूचना के अनुसार 5 नवंबर को राष्ट्रपति मुखर्जी द्वारा कसाब की दया याचिका खारिज किए जाने तक उनके पास 15 दया याचिकाएं थीं। यह जानकारी आरटीआई कार्यकर्ता सुभाष अग्रवाल के आवेदन पर आरटीआई के तहत मिली है। कसाब का हिसाब पूरा, अब कौन-कौन है कतार में?





Tuesday 20 November 2012

Stock Guru scam


Stock Guru scam: Court extends Prabhakar's police custody

The police custody of Ullas Prabhakar, an accused in the multicrore Stock Guru scam case, was today extended by a court here after Delhi Police said he has to be taken to Goa, Mumbai and Ratnagiri to recover documents, hard disks and other evidence.

The police custody of Ullas Prabhakar, an accused in the multicrore Stock Guru scam case, was today extended by a court here after Delhi Police said he has to be taken to Goa, Mumbai and Ratnagiri to recover documents, hard disks and other evidence. Additional Chief Metropolitan Magistrate Pulastya Pramachala extended Ullas' police custody till November 24 while his wife and co-accused Raksha alias Priyanka was remanded in judicial custody till November 30. While remanding Raksha in judicial custody, the court allowed her to take along her eight-month-old daughter in jail keeping in view the "peculiar age" of the child and her "requirement of care to be taken by the mother."
The duo were produced before the court by the Economic Offences Wing (EoW) of Delhi Police. The Investigating Officer of the case, Inspector Raj Kumar told the court that Ullas has to be taken to Mumbai, Goa and Ratnagiri to recover various property-related documents, bank accounts, laptops, hard disk containing information about the investors, wrist watches and other evidence at his instance. He also told the court that the arrested couple was produced before a magisterial court on November 11, which granted Ullas' police custody till November 21 but since he has to be taken to various places and travelling would consume a lot of time, the custody needed to be further extended.

"From the case of the prosecution, it is revealed that the charges against accused persons are in respect of fraud pertaining to large number of investors. "In these circumstances, keeping in view the distance of the places sought to be visited by the IO along with the accused for purpose of making recoveries in this case, accused Ulhas Prabhakar is remanded in police custody up to November 24," the court said.

Monday 19 November 2012

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