David Bess, Robert Fowler, US Capital Funding II

[ATLEsquire]

Anyone have any info on these guys? I've been reading on some other boards they claim to be able to monetize SWIFT MT760s but end up taking a fee and never producing anything. My client has been solicited by a firm that I believe is a shell company created by David Bess to continue what I believe to be questionable financial servicing practices.

Does anyone know of any lawsuits for fraud or criminal actions pending against David Bess, Robert Fowler, or US Capital Funding II? Any info would be appreciated.

[notorial dissent]

OK, read your first sentence again, paying particular attention to the bit "they claim to be able to monetize SWIFT MT760s". Do you know what an MT760 is, the obvious answer is NO!!! STOP, DO NOT PASS GO, DO NOT COLLECT $200. This should have been your first warning. The second warning was "taking a fee and never producing anything". Do you need any further clues??

Advise your client to run, not walk to the nearest egress, contact your local DA, and then contact your state's AG, and then find something else to do, and forget you ever heard of these people. If they aren't on someone's radar at this point they eventually will be and you don't want to play.

[ATLEsquire]

I know what an MT760 is. What I'm trying to do is dissuade my client from doing business with these people. That requires evidence. I'm looking for anyone that actually knows of lawsuits pending against these people or the firm. For instance, I've read about them here:

http://insidetradellc.com/forum/fraud-p ... ng-ii.html

However, I would like to be able to hand to my client some lawsuit pleadings or an indictment rather than ramblings on internet message boards. If anyone has any info, please post or PM me. Thank you.

[Judge Roy Bean]

...
However, I would like to be able to hand to my client some lawsuit pleadings or an indictment rather than ramblings on internet message boards. If anyone has any info, please post or PM me. Thank you.

Get a PACER account. Anything else you find on the 'net is hearsay.

[ATLEsquire]

PACER turned up nothing. I'm wondering if there are state filings somewhere. Apparently, these guys have been doing business in a number of places. The federal case mentioned in the previous link referenced an eviction proceeding that was removed to state court. While this certainly looks obtuse for a "successful" businessman, I'm looking for more. Second best would be speaking to someone that has interacted with them directly or is an attorney hired to pursue them.

[notorial dissent]

Chances are that there isn't anything current against your client's current wet dream, but the fact remains that this is a crock. Whether or not there is past or even current legal action pending is irrelevant to the fact that this is a scam. Looking at the transaction by someone with even a modicum of sense would be sufficient. Logic dictates that if the transaction is a scam then the people behind it are scammers. Have your client talk with a real banker, someone who actually works in the banking industry, not someone who works in fantasyland, and when they quit laughing at him maybe he'll get the hint.

An MT760 is a special type of bank guarantee, issued for a specific business transaction, and there is NO way that any one can monetize them, or use them if they are not who they were issued for, and anyone who tells you otherwise is lying and preparing to scam you.

[wserra]

I assume you are aware that there are quite a few UCC filings against a "U.S. Capital Funding II, Ltd." out of (ahem) Grand Cayman. The secured parties tend to be major U.S. banks.

[ATLEsquire]

No, I was not aware. Do you have a link or can tell me which ucc index search you used? Much thanks.

[Demosthenes]

I pulled up a UCC filing on Lexis and found the following address for US Capital Funding II.

3235 Satellite Blvd. Building 400, Suite 300
Duluth, GA30096

Which is a rent by the hour executive suite, so this investment company can't even afford a permanent office.
http://www.davincivirtual.com/loc/us/ge ... cility-454

Strike one.

[Demosthenes]

This Florida Secretary of State filing may give you a few more names (and correct spellings) to focus on:

[Demosthenes]

Tons more info from the Georgia Sec'y of State.

http://www.cheatingfrenzy.com/uscap2.pdf

[JamesVincent]

Didnt we see a Robert Fowler in a different scam run out of Florida? For some reason that name sounds familiar.

[Demosthenes]

Definitely worth looking into. Both names were on the Georgia corp filing.

[wserra]

No, I was not aware. Do you have a link or can tell me which ucc index search you used?

From WestLaw (for example - there are more of these):

Secured party JPMorgan Chase:

Source Information
Information Current Through: 05/04/2011
Database Last Updated: 05/30/2011
Update Frequency: Weekly
Current Date: 06/01/2011
Source: DC SECRETARY OF STATE
Filing Information
Filing Number: 2004089181
Filing Date: 06/25/2004
Filing Time: 11:18PM
Filing Type: ORIGINAL
Filing Office: FINANCE & REVENUE DEPT
400 7TH STREET
WASHINGTON, DC 20001
Debtor Information
Debtor(s): U.S. CAPITAL FUNDING II, LTD. C/O MAPLES FINANCE LIMITED
GRAND CAYMAN
CAYMAN ISLAND
Secured Party or Creditor Information
Secured Party(s): JPMORGAN CHASE BANK
600 TRAVIS STREET, 50TH FLOOR, JPMORGAN CHASE TOWER
HOUSTON, TX 77002
D&B DUNS Number: 88-391-1455
HDQ D&B DUNS Number: 00-698-1831
Collateral Information
Collateral Type: ASSETS AND PROCEEDS

Secured party Bank of New York:

Source Information
Information Current Through: 05/04/2011
Database Last Updated: 05/30/2011
Update Frequency: Weekly
Current Date: 06/01/2011
Source: DC SECRETARY OF STATE
Filing Information
Filing Number: 2009020131
Filing Date: 02/27/2009
Filing Time: 3:07PM
Related Filing Number: 2004089181
Filing Type: CONTINUATION
Filing Date of Related Filing: 06/25/2004
Filing Office: FINANCE & REVENUE DEPT
400 7TH STREET
WASHINGTON, DC 20001
Debtor Information
Debtor(s): U.S. CAPITAL FUNDING II, LTD. C/O MAPLES FINANCE LIMITED
GRAND CAYMAN
CAYMAN ISLAND
Secured Party or Creditor Information
Secured Party(s): THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION, AS TRUSTEE

[ATLEsquire]

Thank you all. This is turning out very helpful. My guess is that "David Bess" also goes by "Dowain Bess" based on GA SEC filings. He currently is doing business under the name "New World Capital Finance, Ltd." After a review of New World's GA SEC filings, they've only been around since 2010 and originally went by the name "Bess Enterprises & Investments, Ltd." Filings are here:

http://corp.sos.state.ga.us/corp/soskb/Corp.asp?1705871

My guess is Bess' name obviously is carrying dirt with it hence the name change. Their phone number is some redirecting service used by Paetec, and their offices are located in a Regus Business Suites (much like U.S. Capital Funding II, Ltd.).

Anyways, after knowing more about NWCF, USCAPII, David Bess, Robert Fowler, etc..and looking at NWCF's "commitment letter" to block funds for my client, I do not like the look of any of this.

[Demosthenes]

The prior business names for US Capital Funding and other businesses affiliated with Robert Fowler.

Capital Bank and Trust
Brisco Bank and Trust
Fresh Start FInancial Services http://www.freshstartfinancials.com/contact/
(interesting reading with lots of typos and grammatical errors...)
Friendware Technologies International Inc.
Automation Inc.
Towanna Pickett Inc.
Maples Finance Ltd

[Demosthenes]

Heck, I even found what appears to be a sovereign filing in checking out the Fowler stuff. Debtor name and creditor name are the same, both with the same address in Georgia, yet the UCC filing was done in Kentucky.

[Demosthenes]

Add Dorwain Bess (with an R) and Darwain Bess to your less of aliases and try PACER again. You'll find some interesting stuff such as Victor Jaad vs Dorwain Bess, with Bess representing himself "In propria persona"...

http://www.cheatingfrenzy.com/bess.pdf

[Demosthenes]

And under Darwain Bess, you'll find his 2010 bankruptcy filings, filed pro se.

http://www.cheatingfrenzy.com/bess2.pdf

The bankruptcy case was dismissed.

http://www.cheatingfrenzy.com/bess3.pdf

[ATLEsquire]

LOL. Wow. Those are the exact same pleadings used by "David Bess" in a dispossessory on another property.

Is this guy a "sovereign citizen"?