Thursday, August 25, 2016

UPDATE ON SEC CASE - BRASLAU/ESTATE OF RAND CHORTKOFF

FYI:  I received this email today, 8/25/2016, in response to my inquiry to the attorney for the SEC, Peter Del Greco, in their case against Braslau and the Estate of Rand Chortkoff.

Ms. Anderson:

Judgment was entered against Sam Braslau in May, bringing our action against him to a close.  Because he had already been ordered to pay restitution of more than $1.6 million in the parallel criminal action, we did not seek monetary disgorgement against him.  He is serving a lengthy jail sentence, so I doubt he will be making that restitution payment anytime soon.

Earlier today we filed our motion for summary judgment against the estate of Rand Chortkoff, the sole remaining defendant.  (Mr. Chortkoff died over a year ago, and we substituted his estate as a party.)  We seek disgorgement of a bit more than $160,000 from the estate, which is the amount he received in commissions with interest thereon.  The estate has indicated it will oppose our motion, and a hearing on it is scheduled for November 7 in the US District Court in Los Angeles.  It is open to the public, so if you would like to attend, you can, but if you do, it would be a good idea to get in touch with me a few days prior to make sure it is still going forward at that  time.

Peter Del Greco



Sunday, July 17, 2016

LOCAL FILM SCANDAL RESULTING IN FEDERAL CHARGES

This is a recent local story regarding criminal charges brought against a Minnesota man who engaged in yet another film production scandal.  


Wayzata man accused of defrauding investors

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Posted: Tuesday, July 5, 2016 1:18 pm
A Wayzata man could be facing up to 20 years in prison for his alleged role in defrauding investors.
According to a release from the United States Attorney’s Office, Southern District of New York, Gerald Seppala, 47, of Wayzata, is charged with one count of conspiring to commit wire fraud and one count of wire fraud.
Seppala and co-conspirators James David Williams and Steven Brown, both of southern California, allegedly defrauded victims out of more than $12 million as part of an advance-fee scheme in which victims were asked to invest in film projects.
“With lies about making feature-length films and documentaries, the defendants allegedly defrauded victims into investing over $12 million with them,” said Manhattan U.S. Attorney Preet Bharara who, with Diego Rodriguez, the Assistant Director-in-Charge of the New York FBI Office, announced the charges on Tuesday, June 28. “Rather than making movies, the defendants perpetrated an advance fee scheme, allegedly using the investors’ money to pay themselves and pay other investors back,” Bharara said.
According to an indictment unsealed in Manhattan federal court, from at least 2012 through June of this year, Williams, Brown and Seppala portrayed themselves as experts in the marketing of feature-length films and documentaries and solicited investments by typically promising guaranteed returns and participation in profits, which never materialized.
In order to solicit these investments, the three made misrepresentations about, among other things, their own investments in the films for which they were soliciting money, as well as investments that they claimed to have received from other investors. To support their claims, they frequently sent the victims falsified financial records that reflected investments that had never actually been made.
Williams and Brown told one victim that the entire investment would be guaranteed by a company called Woodlawn Holdings. In support of these claims, Brown sent the victim’s attorney a letter from someone who claimed to be a “managing member” at Woodlawn guaranteeing the investment, while Williams sent what appeared to be a bank statement for the company responsible for producing the movie, showing a balance of more than $3.5 million.
Subsequent investigation, however, revealed that no one with the supposed managing member’s name worked at Woodlawn, nor had representatives at Woodlawn heard of Williams, Brown or Seppala or the movie they claimed to be making. Investigation of the relevant bank account showed only $500,200 in the account at the time that Williams sent the statement showing a balance of more than $3.5 million.
Williams, Brown and Seppala used the money that was received from investors to fund other projects, pay back previously defrauded investors, or pay their personal expenses. Funds from investors were used for, among other things, the purchases of a home and a car for Williams.
Seppala was arrested in Wayzata on Tuesday, June 28, and was presented and arraigned the same day in St. Paul, before United States Magistrate Judge Becky R. Thorson. He was formally charged with one count of conspiring to commit wire fraud and one count of wire fraud.
Williams and Brown were each charged with one count of conspiring to commit wire fraud, one count of wire fraud, and one count of conspiring to commit money laundering.
Conspiring to commit wire fraud and wire fraud each carry a maximum term of 20 years in prison. Conspiring to commit money laundering carries a maximum term of 10 years in prison.

Monday, May 16, 2016

SEC Summary Judgment Granted Against Braslau/Chortkoff Estate Remains a Defedant

I received the following anonymous e-mail relative to a
summary judgment against Braslau on 5/13/16: 


"Basically, the SEC got a summary judgment and the civil case against Braslau is now terminated with no fine since he still owes the $1.7 million from the criminal case. He is only barred from future securities sales.

Meanwhile, Judge Wright still has the case open against Chortkoff's Estate in this civil court matter.  As we know, Chortkoff was found guilty in the criminal case, but died.

The Judge could have also terminated this civil case against
Chortkoff's estate but did not-can only assume he will
go after the estate big-time."

Monday, May 2, 2016

Update on Status of Defendant Chortkoff in SEC Case

Good News!!! Apparently, the judge in the SEC case has determined
that the Chortkoff Estate should be substituted for deceased defendant
Rand Chortkoff. Below is the email I received from the SEC attorney today.
Further updates will be posted as the SEC case progresses.


I just received notice today that the Court has ruled in our favor and allowed us to substitute the Chortkoff Estate for the deceased Rand Chortkoff.  As a practical matter, that means that our action can proceed against the Estate.  It is not a final determination that Mr. Chortkoff or his estate is liable – it simply means we can attempt to demonstrate that Mr. Chortkoff defrauded investors and, if we succeed in proving that,  that we can hold his Estate liable for any harm that he caused.

Peter Del Greco


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.