Elite Activity Resurrected (Connecting Us All)!

[Doc Bunkum]

Looks like Elite Activityis back up and running - temporarily at least.

Elite Activity is currently undergoing a metamorphosis! We are analyzing every aspect of the organization to find new and better ways to carry out our cause - making the world a better place, one gift at a time.

The World's first Interdenominational Belief System on the Internet!

Poverty is our Adversary!

Harvey J. Dockstader Jr. closes his piece with this blessing...

May Abundance fill your life like the ocean fills the sea!

Harvey J. Dockstader Jr.
Elite Activity Founder

Wait a minute!

That name - Harvey J. Dockstader Jr. - sounds familiar.

He's the dude that got two years incarceration and a $10,000 fine last time for this scheme.

Affirmed and Opinion filed July 31, 2007.

In The Fourteenth Court of Appeals
____________
NO. 14-06-00182-CR
__________
HARVEY JOSEPH DOCKSTADER, JR., Appellant
V.
THE STATE OF TEXAS, Appellee

On Appeal from the 180th District Court

Harris County, Texas

Trial Court Cause No. 1032644

O P I N I O N

A jury convicted appellant Harvey Joseph Dockstader, Jr. of promoting a pyramid promotional scheme and assessed punishment at two years= incarceration in the Texas Department of Criminal Justice, State Jail Division, and a $10,000 fine. Appellant raises nine issues on appeal. We affirm.

As I understand it, the conviction stood.

So he does his time, and now he's back running the same gifting scam?

Don't people ever learn?

[wserra]

As I understand it, the conviction stood.

No question about it, Doc. Here is the full opinion.

So he does his time, and now he's back running the same gifting scam?

It actually gets better. These guys have on their site an opinion letter from a Texas lawyer named Henry W. Curtis, Jr., dated May 7, 2005, stating that he has reviewed their site, and "there is nothing with respect to this website that could be considered "promoting a pyramid scheme" in any state of The Union." Unfortunately for Messrs. Curtis and Dockstader, the Texas appellate court referenced above on July 31, 2007, found otherwise.

And, on May 13, 2005 - a week after he wrote that letter for Dockstader - Curtis was suspended from the practice of law (see p. 8 of the document) for "conduct involving dishonesty, fraud, deceit and misrepresentation".

You'd give them your money, right?

[Doc Bunkum]

It actually gets better.

A bunch of Elite Activists (?) just got busted down in Brazil for running this scam.

A godly bunch of church folks, no less.

Quarta-feira, 5 de Agosto de 2009
Policia prende membros da elite resurrected
A Polícia Civil de Goiás prendeu hoje (05) dois homens acusados de formação de quadrilha e estelionato. Segundo o delegado titular da 22º Distrito Policial, Waldir Soares, os dois acusados faziam parte de um esquema de "pirâmide", que buscava vítimas na internet, no endereço http://www.elite-resurrected.com. De acordo com o delegado, pelas regras do esquema, cada novo participante era obrigado a doar uma quantia em dinheiro e deveria convidar mais duas pessoas, que convidariam outras duas...

A fairly accurate English translation reads...

Police arrest members of the elite resurrected

The Civil Police of Goiás arrested today (05) two men accused of training and estelionato gang. The holder of the delegated 22 Police District, Waldir Soares, the two accused were part of a scheme of "pyramid", which sought victims on the Internet at http://www.elite-resurrected.com. According to the delegate, by the rules of the scheme, each entrant was required to donate a sum of money and should invite two more people, invite other two.


Were arrested the pastor Elias Pereira de Deus, 45 years, the Assembly of God Church in Spring Garden, Câmpus Fame and Geraldo Alves de Carvalho, 41, deacon of the Assembly of God, also of Jd. Primavera, só que câmpus Campinas. According to the delegate, they were reported in flagrante by the formation of gang, crime against the financial system and estelionato.

The delegate also does not discard the participation of leaders of other churches in the scheme and also public servants. Waldir Soares quoted, even as leaders of the gang, Marco Aurelio, the Light To The Peoples Church, Carlos and Bernardo Lobo, and another pastor known only Dani.

"Only in this case, the scammers use the Bible to mocks the good faith of the faithful," said the delegate. According to Waldir Soares, the coup refer to chapter 6, verse 38 of Luke, ( "Give, and give it you to, good measure, repressed, shaken, overflowing, you will give generously, because the measure with that you have measured you also measure ") to deceive the faithful.

The delegate Waldir Soares believes that more than a thousand people were injured in Missouri and that the coup had already implemented in seven Brazilian states: Minas Gerais, São Paulo, Bahia and Espirito Santo and Goiás "More than 73 thousand were victims of this gang in Brazil , "said Wald, who wants to order some participants of the pyramid and the other potential leaders to provide testimony. Waldir Soares announced that already requested help from the Brazilian Federal Police and Interpol in the case of a strike that began in the United States. According to the Elias Pereira pastor, the pastor Marcus Aurelius, the light to the peoples, who were brought to Brazil the pyramid.

BTW, Wes, do you know if Dockstader is still in the big house, or, if he got out, when?

[Doc Bunkum]

Also, I'm not sure what all this legal mumbo jumbo is about, but looks like ol' Harvey has other issues to deal with as well.

April 2, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
HARVEY DOCKSTADER, JR. DESCRIBED AS: BANK ACCOUNT #9142908, AT FIRST BANK & TRUST, BROOKINGS, SOUTH DAKOTA; BANK ACCOUNT #1060000773, AT MINNWEST BANK, ORTONVILLE, MINNESOTA; AND BANK ACCOUNT #111007191, AT FAR WEST BANK, ST. GEORGE, UTAH, DEFENDANTS.
UNITED STATES OF AMERICA, PLAINTIFF,...

As an aside, mlmwatchdog notes...

HARVEY JOSEPH DOCKSTADER, JR
(checked into prison May 2008 - Out May 2010)

Do you know if Harvey is still in?

Was wondering how he was managing to run Elite Activity - from the inside?

[wserra]

Do you know if Harvey is still in?

It appears that way:

Texas Department of Criminal Justice
Offender Information Detail

SID Number: 07548662
TDCJ Number: 01506716
Name: DOCKSTADER,HARVEY JOSEPH
Race: W
Sex: M
Age: 43
Maximum Sentence Date: 2010-05-14
Current Facility: LYCHNER
Projected Release Date: 2010-05-14
Parole Eligibility Date: NOT AVAILABLE

Was wondering how he was managing to run Elite Activity - from the inside?

How much "running" is necessary for a gifting scheme?

[Doc Bunkum]

Must take a certain amount of panache to run a scam from prison - considering that's what he's in there for in the first place.

[wserra]

Elite Activity is now down - the above URLs no longer work - but is morphing into "Connecting Us All". Who are they, one might ask? Well, "Connecting Us All is a group of like minded individuals who share abundance through coming together and unconditionally giving to others". Cool. I know lots of worthy charities which desperately need money. You guys could start with webhick's food pantry. Oh - by "others", you mean "members". So this differs from the old Elite gifting scheme exactly how?

Well, in their "press center" they tell you the following:

Months ago, various agencies worldwide started questioning the integrity of the intentions of our previous organization and the belief system we so strongly hold dear. They were under the impression that our model of unconditional gifting is merely a disguise for fraudulent activities. These inquiries presented an opportunity for us to look into our hearts and into that organization to seek out the truth. While we assure you and the rest of the world that our intentions are pure, we must agree with our critics that it could appear, to skeptics, to be in violation of the law.

Man, is that a load and a half. "Questioning the integrity"? "Under the impression"? "It could appear, to skeptics"? That scam that they "hold dear" is an adjudicated pyramid scheme. Its founder is in jail. The fact that they "hold dear" an adjudicated scam doesn't bode well for the reincarnation.

[Doc Bunkum]

Maybe we should encourage J.J. Ulrich to come over to this forum and make this all clearer to us?

[ProfHenryHiggins]

J.J. Ulrich may not have accepted the invitation to come speak here, but he has been in communication with me.

The more recent of two apparent legal documents of interest in the situation...

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. AP-76,319
EX PARTE HARVEY JOSEPH DOCKSTADER JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1032644 IN THE 180 DISTRICT COURT FROM HARRIS COUNTY
Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of promoting a pyramid scheme and sentenced to two years’ imprisonment in a state jail facility. The Fourteenth Court of Appeals affirmed his conviction. Dockstader v. State, 233 S.W.3d 98 (Tex. App.–Houston [14 ] 2007).
Applicant contends that his trial counsel rendered ineffective assistance because he had a conflict of interest which affected his representation of Applicant.

The trial court has determined that trial counsel was ineffective in that counsel was representing Applicant while he had an actual conflict of interest and that such representation prejudiced applicant. Monreal v. State, 947 S.W.2d 559, 564 (Tex. Crim. App. 1997). We agree. We find, therefore, that Applicant is entitled to relief from the judgment of conviction in Case No. 1032644 from the 180 Judicial District Court of Harris County.
Relief is granted. The judgment in Cause No. 1032644 in the 180 Judicial District Court of Harris County is set aside, and Applicant is remanded to the custody of the Sheriff of Harris County to answer the charge against him. Copies of this opinion shall be sent to the Texas Department of Criminal Justice–State Jail Division.
Delivered: March 24, 2010 Do Not Publish

While I am not a barrister, I suspect - do correct me if this is in error - that the section in bold means that Mr. Dockstader will again face trial for his pyramid scheme. Perhaps including the additional evidence of his own actions during the period leading up to his entering prison (both Harvey and Maureen Dockstader were, and Maureen still is, receiving "gifts" via the pyramid) and the writings he has produced from his jail cell that show no sign of any remorse or rehabilitation?

[wserra]

While I am not a barrister, I suspect - do correct me if this is in error - that the section in bold means that Mr. Dockstader will again face trial for his pyramid scheme.

Yes, that's exactly what it means. If his activities since the last trial are relevant - his intent is the most likely area of relevance - then they are admissible.

Welcome to Quatloos, HH. Regards to Eliza.

[wserra]

J.J. Ulrich may not have accepted the invitation to come speak here, but he has been in communication with me.

BTW, HH, Ulrich posted the following on scam.com over six months ago: "we have started the process of a declaratory judgment so we can get the legal opinion we all seek". I can only take the incredibly low S/N at scam.com in small doses, and he ignored a request for more info. Has this amounted to anything, or is it just more of his BS?

I would bet heavily on the latter. If you are "in communication" with him, perhaps you could ask him, and pass on his answer (if any).

[ProfHenryHiggins]

J.J. Ulrich may not have accepted the invitation to come speak here, but he has been in communication with me.

BTW, HH, Ulrich posted the following on scam.com over six months ago: "we have started the process of a declaratory judgment so we can get the legal opinion we all seek". I can only take the incredibly low S/N at scam.com in small doses, and he ignored a request for more info. Has this amounted to anything, or is it just more of his BS?

I would bet heavily on the latter. If you are "in communication" with him, perhaps you could ask him, and pass on his answer (if any).

Yes, I have the document he referred to. It was the hearing for that Habeas Corpus that Harvey filed, which landed him into the new hot water (see above) as a consequence. The document is a pdf, so needs a bit of cleaning up if I'm going to post it here (the shorter one certainly did). It was rather interesting to see the kind of legal incompetence that Henry W. Curtis Jr. exhibits in a courtroom, however.

[ProfHenryHiggins]

Hmm. The document is 150 pages long, much too much material to post here.

Do you have an email address I can forward a copy to, Wes?

[wserra]

See the PM, and thanks.

If you are sending me the motion that got Dockstader a new trial, though, that is not the "declaratory judgment" to which Ulrich referred. Ulrich posted that he "started the process" (whatever that means - picked up a pen?) to filing a declaratory judgment to have Coneecting Us All declared lawful. Now, this ain't gonna work in the first place - Ulrich has obviously not heard of the "Case and Controversy" clause - but my guess is that it's nonsense anyway. Connecting Us All is a pyramid scheme, and they obviously can't afford a court decision that says so.

Better to lie low and baffle 'em with bullshit.

[ProfHenryHiggins]

As I said, I'm not a barrister, so "declaratory judgement" is an unfamiliar term for me.

Ulrich has repeatedly been told that his system involves giving multiple considerations (membership fee to access to "The Giving Pool" followed by a series of considerations sent as "gifts" upon entry to a new cycle), and repeatedly refused to recognize that was even a possibility.

I'm also less than impressed that his lawyer, a Mr. Jardine, is receiving monies through the gifting cycles as well. Hardly avoiding a conflict of interest, that.
Then there's the supposed "Bishop" on his staff (listed as a "Pastor" everywhere else except for CUA emails), and the infamous Jean Small who is subject to the permanent injunction from the GDI Ponzi case forbidding certain forms of securities activity.

[wserra]

As I said, I'm not a barrister, so "declaratory judgement" is an unfamiliar term for me.

If you have a controversy with two (or more) sides, but an issue which has not yet come to a head, many U.S. courts permit you to seek a declaratory judgment ("DJ"). A common example is where an insurance company disclaims, and the insured wants to litigate whether coverage exists before actually being hit with a judgment. The important thing to note about Ulrich's situation is that there aren't two sides. It's just him, wanting a court to grant him its imprimatur. That's not gonna happen, for want of a case or controversy.

Of course, it's bluster anyway. Suppose he gets a court to hear him and loses? Then he can't pretend that he thinks it's "legal". Since he can't live with that (well, not as a free man, anyway), he's not going down that road.

HH sent me three docs. One is just the full opinion on Dockstader's motion for a new trial, available officially here. Another is a bunch of canned scripts Connecting Us All suggests that people use to recruit on Craig's List or Facebook. I'll link to it if anyone wishes to see it. The third is the lengthy transcript of the hearing of the new trial motion, in which both Dockstader and his former lawyer testify. I skimmed it. I'll surely grant that the lawyer, one Henry Curtis, is a piece of work. He was a participant in Elite, profited from it, was a director of it, and thus committed the same conduct for which his client was on trial. I have absolutely no quarrel with the court's conclusion that this was a blatant conflict of interest, not the least effect of which was depriving his client of the "advice of counsel" defense.

It's important to note, though, what the decision does not say. It does not say that Dockstader is innocent, or that the prosecution failed to prove its case. Indeed, the conclusion from the remand for a new trial (vs. a dismissal) is that the prosecution did prove its case. It does nothing to undermine the conclusion, previously reached, that Elite was a pyramid scheme.

I'm also less than impressed that his lawyer, a Mr. Jardine, is receiving monies through the gifting cycles as well. Hardly avoiding a conflict of interest, that.

In fact, raising the same conflict that the court concluded Curtis had.

[Val Lambert]

Hello wserra, Professor and Doc Bunkum,

I see that you have found another forum to complain about Harvey and Elite. I feel so protected with all of you watching everything Connecting Us All is doing. But my point is, its Connecting Us All NOT Elite. Yes, Harvey got a writ of habeus corpas and yes he is still in custody. That has nothing to do with Connecting Us All. We simply hired the attorney. Harvey is not in charge of CUA. You spew your nonsense on Pyramids and scams, please show me what exactly you mean by this, because honestly, I don't see it. We are not making anybody join, there is no one at the top receiving all of the money, the members don't even have to pay a fee if they don't want to. JJ has been as transparent as any one person can be. We have not heard from the SEC, Attorney Generals etc. There have been no police at my door asking questions and we are putting ourselves out there. We are not hiding from anyone. So either we are really low on the totem poles and the SEC doesn't care, or we are doing ok. I understand that you all want to protect others from scams and that is very noble of you. But try going after those who still have one person at the top and those who charge an arm and a leg to join just so that you lose even more money. We do neither. Thank you all again and have a great day.

[wserra]

Hello wserra, Professor and Doc Bunkum,

Hello, Val Lambert. Welcome to Quatloos.

I see that you have found another forum to complain about Harvey and Elite.

Look to your right as you read this. I have been a member here for seven years, and have made over 4000 posts. Perhaps 4 (0.001) of those concern Elite/CUA.

Maybe you deserve some more.

But my point is, its Connecting Us All NOT Elite.

I can appreciate why you say that. After all, Elite was an adjudicated pyramid scheme. Still, do you recognize the following?

Many initial organizers, founders, and/or participants in ConnectingUsAll.org were involved in or connected in some way with Elite Activity, also known as Elite Activity Resurrected, Elite Activity Resurrected Church, Native American Church of Potlatch (referred to collectively herein as "Elite Activity")
...
ConnectingUsAll.org is a direct outgrowth of the business enterprise formerly referred to as the Elite Activity.
...
reasonable minds may differ and conclude that Connecting Us All and ConnectingUsAll.org are illegal as a pyramid scheme, or as an unregistered security, or in some other way.
...
At least one court (Texas) and one administrative agency (Utah Dept. Of Consumer Protection) found that the Elite Activity and its business model, particularly as far as the use of the cycles was concerned, constituted an illegal pyramid scheme.... There are many similarities between the cycles used by the Elite Activity and the cycles employed in ConnectingUsAll.org
...
The Elite Activity's founder, Harvey Dockstader Jr. was criminally convicted in a Texas state court (USA) for having promoted an illegal pyramid scheme and was sentenced to prison....
Harvey Dockstader Jr.'s wife, Maureen Dockstader, is involved with Connecting Us All.
...
Joe Read and his spouse were issued a citation by the Utah Department of Consumer Protection for operating an illegal pyramid scheme in the state of Utah, USA, in connection with the Elite Activity. The Reads were ordered to cease and desist operations in Utah, and to put a notice on the Elite Activity website stating that Elite cannot and will not operate in Utah. Joe Read is an officer of Connecting Us All.

You should recognize it, since you guys wrote it.

That has nothing to do with Connecting Us All.

Of course not. Other than the facts that your current organization is a "direct outgrowth" of an adjudicated pyramid scheme, bears "many similarities" to it, and is run by the same folks (except the guy in jail) - why, you're completely different.

We are not making anybody join,

Of course you're "not making anybody join". Nobody says you're running a press gang, just a gifting scheme.

there is no one at the top receiving all of the money,

So you say. I'm sure that the folks that ran an adjudicated pyramid now just donate their time out of the goodness of their hearts.

the members don't even have to pay a fee if they don't want to.

Ah. Now that one's a little interesting.

The place where one finds the "cycles" at CUA is the Gifting, er, Giving Pool. (Yeah, that's it, Giving. Much better.) On the "Join a Cycle" screen, the user is asked the following question: "Are you willing to give an unconditional gift upon joining a cycle?" A "Yes" answer takes you through other screens to immediately sign up in the Gifting Scheme, er, Giving Pool. A "No" answer - "no" as in I'm not giving you any money - gets you this:

An unconditional gift is in no way required to participate in the giving pool, although we recommend it! To join anyway, please submit a written request to:

Connecting Us All
3701 Mountain Dance Dr.
Colorado Springs, CO 80908 USA

Once we receive your request, it will be processed within 5 business days and your access information will be e-mailed to you once you have been placed on the cycle. Connecting Us All will send a gift on your behalf.

Maybe. Since I'm not about to sign up, I don't know - but why the difference? If you really don't need to give, why are those who do give signed up immediately and those who don't told to send a "written request"?

I know what I think. BTW, what's a "subscription payment"?

We have not heard from the SEC, Attorney Generals etc.

Neither did Bernie Madoff until the roof fell in. It doesn't work that way. Did anyone tell Dockstader, "If you don't knock this off you're going to jail"? Or did they just show up one day?

Sleep well.

[Val Lambert]

I am sorry, I didn't realize that you had been posting on this site for a long time.

I understand where you are coming from with the same people being involved with Connecting Us All as Elite. However JJ laid down the law. None of the people that did anything with Elite are allowed to do the same thing with CUA. Just because they are connected, does not mean that CUA is doing anything illegal. JJ has sent a letter to all of the AG's around the United States and one of them even told us that crooks don't let the AG's office know what they are doing before they do it. He had no problems with the way CUA is set up. We even have an FBI agent who has joined us.

"So you say. I'm sure that the folks that ran an adjudicated pyramid now just donate their time out of the goodness of their hearts."

If you think that the staff is making any money from this activity, you are sorely mistaken. Staff is not allowed to join the gifting program and are just paid from the subscription fees. If we don't get subsription fees, we don't get paid. Its as simple as that. And Joe Read is part of the staff. I am aware of what happened in Utah. Joe did as he was asked. JJ shut down the whole Elite system. Yes, we are an outgrowth of what was 'right' about the system, not the 'wrong' parts.

We do believe that giving is a wonderful thing to be able to do. Our members are made aware that there is no guarantee that they will receive anything in return. If they are in it for greed, they are in the wrong organization. As Member Compliance Director, I am the one who cheerfully suspends anyone who is doing wrong, because that is not what we are about. And I have suspended many. Ask the Professor.

Not sure how Harvey got told. I don't work for him and I haven't asked for particulars on this subject.

Oh and knowing that someone has been helped with food, or shelter...I sleep very well.

Thank you

[ProfHenryHiggins]

If they are in it for greed, they are in the wrong organization.

Well, that's been falling on deaf ears, because your system is packed with greedy serial Ponzi promotors who flit from "opportunity" to "opportunity" seeking fast wealth.

Plus you still have a tonne of former Elite members who are behaving exactly the same with CUA as they did with Elite. Not to forget outright professional crooks - Mary Lou Gentry (partner of Michael Howard Reed who I believe was sentenced today) comes to mind.