Thursday, February 18, 2016

Current Status of SEC Civil Case


Braslau's motion to stay the SEC civil case was denied in December, 2015:

Judge Otis Wright denies SAMUEL BRASLAU’S MOTION TO STAY THE CIVIL CASE - Dec 2015



Relative to Chortkoff remaining a defendant in the SEC civil case,
the following information was received by Peter DelGreco,
SEC attorney:

Chortkoff’s death certificate was issued on May 21, 2015.  A woman named Tammie Barnum, who is represented by the attorney Katerina Perreault, was named executor of Chortkoff’s estate in October.  The SEC has filed a motion with the Court to substitute the Chortkoff estate for the deceased Rand Chortkoff as a defendant in our action.  A hearing on the motion is set for February 23, 2016.  

UPDATE AS OF 2/19/16: 

Our case against Mr. Chortkoff concerned an investment opportunity known as Mutual Entertainment, LLC (later known as Film Shoot, LLC).  The Court took the hearing that was scheduled for Monday off-calendar, and will issue a ruling based on the papers each side submitted.



February 23.

Sunday, December 27, 2015

My Victim's Statement Submitted to Court

I have revised my Victim's Statement for submission to the judge/counsel in the SEC civil case. I am posting it at this time in order to give anyone interested an opportunity to understand my plight of the past 15 years in attempting to seek justice. 


VICTIM’S STATEMENT OF BETTE R. ANDERSON

            This statement is in support of my request to be included along with other victims receiving restitution as a result of Rand Chortkoff’s criminal activities.

Although my victimization occurred in approximately 2000/2001, it was no less egregious and far-reaching in its scope and effect than what the victims have suffered in the cases at hand involving Rand Chortkoff. In fact, my loss and suffering may very well exceed theirs. The effects on my life have been devastating and surreal and continue to this day.

            I was contacted by CBS This Morning Show regarding movie scams in 2013. They had found my blog on the Internet which relayed my story of victimhood. At their request I appeared on a news segment featuring this subject in February of 2014. Subsequent to their investigation into certain individuals, Rand Chortkoff was indicted for fraud relative to a movie production company he and Samuel Braslau owned. 

            By way of background, I had recently been laid off my job of 26 years as a legal assistant and found it necessary to then put off obtaining another job in order that I might care for my mother suffering from terminal cancer. Shortly thereafter my fiancĂ© passed away as well as my soon-to-be business partner, both from very fast moving forms of cancer. The loss of these three individuals with whom I was very close was extremely painful and traumatic compounded by the grief and hopeless experienced from the loss of my job. I was in a very, very vulnerable state and was very much alone as I contemplated a very bleak future. Unfortunately, my dire situation made me easy prey for predators such as Chortkoff.

            Chortkoff and his minions blatantly and deliberately preyed on my hopes and dreams while I was in a very vulnerable state. When I was contacted by Chortkoff and his crew, a bright picture was painted of receiving a high yield in a short amount of time if I invested in the movie, Blue Hill Avenue. In fact, they estimated a fast turnaround profit of $1.5 million on the total $315,000 invested. They especially encouraged me to invest in light of my situation which was relayed to them, even going so far as to suggest and encourage investing my mother’s inheritance upon her impending death. Naturally, in the desperate emotional and financial state I was in, the assurances given regarding the return on investment appealed to me. Background research online at the time did not reveal any negative reviews or consumer warnings about the venture capital salespeople (Chortkoff) or Erwin and Kirishima. Erwin and Kirishima had recently become criminalized via Chortkoff by the lure of easy capital with no real intent to create successful films – just raise and pocket the money and make up excuses to investors as to the demise of their movies.

As stated, Rand Chortkoff acted as the lead venture capital salesman soliciting money for the movie, Blue Hill Avenue, produced by Michael Erwin and J. Max Kirishima. Rand Chortkoff, along with his corrupt crew, used strong-arm tactics including threats, coercion and
intimidation to raise money through cold calls while taking excessive commissions (40% of 5 million raised), often not crediting investor money towards movie “units,” assumedly pocketing the money. I recall a phone call one evening in particular wherein Rand Chortkoff used coercion to try to force me to send investment money immediately (Fed Ex) even though I explained to him that there had been a delay in processing funds beyond my control. Chortkoff and his minions would continually “go back to the well” to extract more and more money from investors, inventing urgent scenarios. The last call I received was from Steven Canino, one of Chortkoff’s minions. He stated that he had stepped outside during a meeting for purchase of the movie by a film company to call me. He indicated that they were told that if they didn’t raise an additional $15,000 immediately, the current “deal” for sale of the movie would be taken off the table. To lure me he used the special incentive of giving me “points” in another upcoming movie that Erwin and Kirishima were going to produce, that was never actually made. I scraped together the $15,000 (the very last of my money) and sent it (always via Fed Ex) but never received any receipt or paperwork indicating proof of purchase, where the money went or how it was used. The $15,000 was never accounted for and assumedly ended up in the pockets of Chortkoff and his minions. An independent sales broker in the office, Rex Dale of Los Angeles, contacted me after Canino’s call to me and relayed how Chortkoff’s group laughed after the call stating, “You should have gotten more!” Of course, there was no actual meeting to purchase the film and the scenario was a made-up farce to obtain additional money from me. Rex Dale also relayed to me how they had hit on an elderly man for a large sum of money and then just pocketed it without any credit given towards the purchase of anything! These are the types of scandalous tactics used by Chortkoff and his criminal bunch of thugs.  

The amount of money they raised (5 million) for Blue Hill Avenue far exceeded the amount necessary to make the movie, Blue Hill Avenue (1.5 million). Michael Erwin and J. Max Kirishima should have been indicted and charged as well as Chortkoff for their corruption and fraud in deliberately fleecing investors for their own criminal gain. Blue Hill Avenue was only one of several supposed movies to be produced that Chortkoff and his crew were raising money for and were also hitting on me for investment in those projects as well.

            My investment in Blue Hill Avenue totaled approximately $315,000. It was made up of savings, a roll-over of a 401K into a self-directed IRA set up by Erwin, inheritance, maxed out credit cards and lines of credit. Chortkoff and his minions assured me that I would realize a profit of at least 1.5 million on Blue Hill Avenue. They encouraged me to invest any and all money I could get my hands on for quick turnover and massive profits. 

Erwin and Kirishima pocketed vast sums of money from overages after making Blue Hill Avenue and Chortkoff and his minions made off with a substantial amount in the form of exorbitant commissions. I never received any return on my investment whatsoever.   

Due to the reality of receiving no profit whatsoever nor return of my original investment monies, I have been harassed and intimidated by collection agencies due to the inability to pay off lines of credit, had garnishment notices served upon me at my employment that forced me to quit, had my formerly A-1 credit ruined, was forced to represent myself in court to no avail, and suffered district court judgments (now expired, thankfully). I have been living an embarrassing and shameful underground existence all of these years. I have had to live a very “bare bones” existence barely scraping by. I have been forced to sell off personal possessions to obtain money to live on and have been dependent upon charity from friends and family in the form of food and clothing donations.
This nightmarish experience has been mentally, emotionally and financially devastating beyond imagination. Prior to this experience I had a stellar credit rating and was completely debt free.   

            It is important to emphasize that I have spent all of these years pursuing every avenue possible to recover my money to no avail. I even began a lawsuit in Los Angeles which I was forced to abandon because I lacked funds to continue. Here is a list of all of the entities I have contacted regarding my situation in an attempt to obtain assistance:

FBI Complaints Unit, Los Angeles – (Case Set Up)
Office of Victim Assistance, FBI, Portland, OR (Erwin fled California
  and now resides in Jacksonville, OR)
State of California, Department of Justice, Sacramento, CA
Senator Mark Dayton’s Office, US Senate, St. Paul, MN
US Securities and Exchange Commission, 5670 Wilshire Blvd,
   Los Angeles, CA
SEC Division of Enforcement, 450 Fifth St NW, Washington, DC
United States Securities & Exchange Commission, Chicago, IL
Minnesota Attorney General’s Office, St. Paul, MN
Federal Trade Commission, Washington, DC
State of Minnesota, Commissioner of Commerce (issued Cease &
  Desist Order)
State of Oregon, Department of Consumer and Business Services,        
  Division of Finance and Corporate Securities, Salem, OR
US Postal Inspection Service, Criminal Investigations Service Center,
  St. Paul, MN
Minnesota, California and Oregon Better Business Bureaus
Oregon Department of Justice, Civil Enforcement Division,
  Salem, OR
Internal Revenue Service, Fresno, CA
Numerous law offices in CA, OR and MN  

The governmental agencies and departments basically indicated that they were unable to assist me due to the limits of their authority (got tired of hearing “not within our jurisdiction”) and suggested retaining an attorney, which I did, but, as stated, I ran out of funds since my money was all invested in Blue Hill Avenue.

            I have posted my story on various complaint sites on the Internet and have maintained a blog (bluehillave-cahootsscam.blogspot.com) with updates including various links relating to the indictment of Chortkoff as well as a link to my appearance on the CBS This Morning Show on February 18, 2014 relaying my story of fraud and victimization.  

            As you can see, my experience is real and my loss devastating and ongoing due to the criminal acts of Rand Chortkoff, as well as Mike Erwin and J. Max Kirishima who should have been indicted for their fraudulent acts against so many investors (approximately 100 in Blue Hill Avenue alone) in their movie production scam. I did everything possible to pursue justice for myself and the other fleeced investors, many of whom contacted me directly after finding my posts on the Internet, to no avail. Justice was NOT served as it should have been.

            It is my earnest plea that my substantial loss due in large part to the criminal acts of Rand Chortkoff, defendant in the SEC civil case, be considered in any restitution to be distributed among his victims in the existing SEC civil case.                                                           



Respectfully submitted,

                                                                        ___________________
                                                                        Bette Anderson




                                                                          


Friday, November 13, 2015

Future of Blog

I am not abandoning my post and will continue to report any further

news relative to Braslau and Rawitt. Braslau has filed an appeal of

his conviction and I will pass on any new information I receive from

the court throughout the appeals process and will report on the

final disposition, etc.  


I understand there is also an active civil court case against Braslau, etc.

Since I am not a party to it, I have no information as to its status. If there

is someone who would care to share information regarding the case, I would

be happy to post it for anyone who might be interested. 




Tuesday, November 3, 2015

The End of My Journey

And so, the saga ends, not as I had wished it to but as the forces have determined.

My journey for justice and restitution has been painful, arduous and unrelenting. Despite my very best efforts over the past 15 years, the combined forces of lying, thieving scamsters fabricating lies and mistruths; inept, incompetent government agencies acting in accordance with ineffective, impotent policies and guidelines; limitations of time; and ultimate lack of financial resources to adequately pursue have forced me to raise the white flag of surrender. I am out of options with nowhere else to turn. The statute of limitations has run for any legal recourse in my situation with no retroactive possibility, as I was just informed by the court in the current case I have been chronicling. Despite my public appearance on CBS TV with the sincere hope that it might further my own cause as well as warning others of film scams, my efforts have failed in obtaining my ultimate goal of restitution and financial restoration. Although it is satisfying to see that the system ultimately worked in FINALLY bringing Chortkoff (now deceased), Braslau, etc., to justice, their past sins and misdeeds over a decade and a half will never be accounted for nor punished. They and Michael Erwin and Max Kirishima should have been prosecuted and jailed long ago. My pursuit of them has been basically a single-handed, uphill battle utilizing EVERY resource possible. It is an unforgivable travesty.

The final blow in all of this is that is is now costing me my home. The victims forever suffer while the evildoers prosper. Chortkoff's children now stand to inherit the hard-earned money of so many scammed investors after his death. By rights, they should be charged with receiving stolen goods. The court has chosen NOT to pursue Chortkoff's assets as part of victim restitution. And, Braslau and Rawitt are ordered to pay back investors at a rate of $25 per quarter - yes, you read that right - funny if it weren't so pathetic.

No wonder there are so many engaged in criminal acts against the public - where's the tough message, the accountability, the threat of punishment?

This is the lowest point in my life. It's a helpless feeling of betrayal and disappointment. I fight against anger and bitterness because in the end it only hurts me.

To quote an English folk song entitled Sir Andrew Barton or Andrew Bartin (Child ballad number 167):

'I am hurt but I am not slain.
I'll lay me down and bleed awhile,
Then I'll rise and fight again.'

I must lay down my arms and surrender to this battle, but I will never give up my fight to seek justice for all against the myriad of crooks and criminals preying upon the innocent. Peace.

Wednesday, August 19, 2015

Court Notification Regarding Rand Chortkoff

Criminal charges in the case which involves defendant(s): RAND JAY CHORTKOFF were dismissed on August 8, 2015. Since the charges have been dismissed, there are no longer any bail restrictions on the defendant's release. If you have any questions regarding this event, please feel free to call our office at the number listed above. Defendant Rand Chortkoff passed away on May 5, 2015. For additional information, please see the Court's order of dismissal, which is available for download* on the Victim Notification System (VNS) website: https://www.notify.usdoj.gov. 
(*available after 24 hours of your receipt of this notification) 

Order (will need to cut and paste into browser): https://www.notify.usdoj.gov/doc/13155_08102015201100_OrderDismissingCharges_CHORTKOFF.pdf


Tuesday, July 28, 2015

UPDATE - SAMUEL BRASLAU

Received below notification from the court relative to Samuel Braslau:


A post-trial hearing has been scheduled before Judge R. Klausner for August 31, 2015, 01:30 PM at Hearing Location for Western Division Office 2, US Courthouse, 312 North Spring Street, Los Angeles, CA 90012 for defendant(s) SAMUEL BRASLAU. The purpose of the hearing is to clarify any legal issues raised after the trial. 

Wednesday, June 17, 2015

UPDATE - SAMUEL BRASLAU


SAMUEL BRASLAU is currently incarcerated at FCI Lompoc and is scheduled for release on August 18, 2021. The inmate is not eligible for parole. 

An appeal has been filed in the case which involves defendant(s) SAMUEL BRASLAU. The process may take some time before a final decision is reached. An appeal is a legal proceeding by which a case is brought before a higher court for review of the decision made by the lower court.