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This is a CNBC original.
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In this episode of American Greed, he
makes millions by hooking customers
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wanting a better sex life.
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The Smiling Bob campaign has to go down
as one of the more memorable of a
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generation. Taking advantage of their
sexual insecurities, Stephen Warshak
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illegal charges on the credit cards of
thousands of customers.
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I was upset and I was angry that they
did this to her, put her in this
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situation.
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And later, an investment manager takes
on the toughest clients, retired NFL
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players, and steals their money.
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$150 million vanishes before the FBI
moves in.
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We found that they only had about $200
,000 under management.
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But when he's tackled for a loss, will
his game go into sudden death?
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The investors, particularly the NFL
investors, were so mad at him that he
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afraid for his own personal safety.
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This is Bob.
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Millions have seen the commercials
featuring the character known as Smiling
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The ads are filled with innuendo about
why he's so happy. And, of course, by
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end of the ad, you know why he's so
happy, because he's using Enzyte and
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making all the women in his life very
happy.
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A little more self -esteem and a very
happy Mrs. at Home.
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Billing itself as the once -daily tablet
for natural male enhancement.
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Enzyte wants to appear to be the herbal
answer to Viagra.
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Everybody knew about Smiling Bob.
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The product started to show up on the
shelves of Walmart and Walgreens and
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The mastermind behind Enzyte's success
is Stephen Warshak, a 37 -year -old
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entrepreneur.
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His supplements business is bringing in
just shy of $250 million in revenue.
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more than 50 % from the sales of Enzyme
alone.
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It seems Warshak is living the American
dream, but it's all about to come
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crashing down.
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Warshak's story begins in Cincinnati,
Ohio in 1996.
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Berkeley Nutraceuticals is hatched in
his basement.
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Pretty much a shoestring operation.
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They were working in a basement office.
It was him, his mom, a couple friends
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from college, and they were taking
orders over the phone, running credit
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People who work with Warshak attest to
his sharp business skills and say he can
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be very persuasive.
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I think people who worked with him will
tell you he was charismatic. They
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followed him.
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They believed in his vision for the
company.
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Warshak vision durable to buy.
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Something to enhance the lives of
millions of men without having to get a
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doctor's prescription.
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To get his products noticed, Warshak
plows most of his money into
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Since their target was men, they would
advertise in the back of men's
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And I think they have stuff in Outside
Magazine, Playboy, Penthouse.
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Warshak's early ads are tasteless and
make over -the -top claims.
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They were kind of crude, sometimes kind
of funny. It'll make you harder than
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Chinese arithmetic.
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You know, I'm sure they got some
attention from people flipping through
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magazine. These early ads work well
enough, but Warshak wants to attract
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customers.
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Enter Smiling Bob.
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The ads are eye -catching, well
-produced, and loaded with innuendo.
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When it comes to wood, it always helps
to listen to an expert.
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The wonders of wood are brought to you
by Enzyte.
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Worsak buys time on major cable channels
and sports networks.
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It gave him a credibility that the other
herbal supplement companies didn't
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have. As opposed to finding it on the
back of some men's magazine, they're
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seeing this thing advertised in a very
slick way on TV, not unlike the As for
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Viagra and other legitimate
pharmaceuticals.
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Warshak is bringing in approximately
$100 million.
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He rents a large office and warehouse
just outside of Cincinnati and increases
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his staff.
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Besides Insight, Berkeley produces a
host of other supplements, claiming to
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everything from increasing energy to
managing weight.
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There's even a pill to boost women's
libidos.
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But Insight is its cash cow.
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Ryan first hears about Insight in 2001.
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He asks that his identity be concealed.
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They said it would basically increase
your size up to 24%. After a time,
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the blood flow would actually increase
the size. The vessels will actually
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stretch. They said most men experience
an increase in length and roundness
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within three to four weeks.
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The commercials promise a double your
money back guarantee if customers aren't
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completely satisfied.
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If you ask 99 out of 100 guys, would you
like to be bigger?
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They're all going to say yes.
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So, yeah, I was curious.
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And I thought, well, nothing to lose.
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Brian logs on to Berkley's website and
gives his credit card information.
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He pays $400 for an eight -month supply
of enzyme.
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Customers like Brian are keeping
Berkeley in business.
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And business is good.
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Very good.
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The company is bringing in more than
$100 million a year.
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President and CEO Stephen Warshak has
struck gold.
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He had a great business sense. He was a
genius at marketing.
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He knew exactly what it took to get
customers into the fold.
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Warshak may know how to attract
customers, but can he keep them happy?
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Brian becomes disgruntled shortly after
his shipment of enzyme arrives.
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The first shipment was actually
incomplete.
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They sent me only just a partial
shipment.
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Brian eventually gets the rest of his
order.
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But on his credit card statement the
following month, he sees Berkeley has
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charged him an additional $122.
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But Brian has already paid in full.
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Now he is out $522.
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Brian calls the company.
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They said, well, sure, no problem. We'll
go ahead and process that.
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The following month, it had not been
taken off, so I called them up again.
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Well, it takes a while to get these
things processed.
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It could be a few weeks. Third month,
same thing.
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Brian calls customer service repeatedly
over the next six months before the
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charges are finally taken off his credit
card.
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Adding to Brian's frustration, after
taking Insight for eight months, he
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it doesn't work.
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I went the entire eight months, just
like they advertised.
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You know, I'm willing to give them the
benefit of the doubt.
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Maybe it would take longer for me, I
didn't know.
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Nothing happened.
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No, there's no change at all.
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Brian contacts the Better Business
Bureau and learns he's not alone.
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Several hundred consumer complaints have
been filed against Berkeley.
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This was something of a Jekyll Hyde
operation that, you know, on one hand,
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looked like a legitimate operation with
national marketing and presence on cable
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TV. But at the same time, you had, with
that kind of volume of complaints, you
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knew that something was wrong here.
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When American Greed continues,
Berkeley's business practices attract
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attention from the media and the feds.
Federal prosecutors and postal service
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and the FBI, everybody started jumping
in.
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They're all wondering, are customers
getting the shaft?
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In 2003, 37 -year -old Stephen Warshak's
company, Berkeley Premium
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Nutraceuticals, is making $100 million
in annual sales.
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Its male enhancement pill, Insight, is
the top -selling sexual enhancement
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supplement on the market.
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From the outside looking in, Warshak
appears to be a success story.
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Behind closed doors at Berkeley's
corporate headquarters, it's another
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The impression of the company from an
outsider or somebody new, you think, oh,
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what a nice company.
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This is nice. And they pay me every
week.
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John Bradley works in the call center.
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All of a sudden the phones would ring
and you knew at that time that there
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be an ad playing somewhere to call for
your free sample.
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Because everything would light up as far
as telephone calls and noise.
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Call center employees read from scripts
which explain Berkeley's so -called
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continuity program.
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It's an agreement stating customers will
keep receiving the product and be
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billed for it unless they call to
cancel.
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Once you get your free sample, if you
don't call within 30 days, you're going
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get billed for a three -month supply.
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We had to tell them that if...
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they didn't call and cancel, they would
automatically be billed. The continuity
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program is essential to Warshak's
business.
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He sends numerous emails to his top
executives stating that automatic
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billing is the lifeblood of the company.
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Initially, John is impressed with
Warshak's business sense.
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Well, he's obviously a good businessman
because the phones were ringing off the
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hook. I personally thought that he was a
very bright guy, and I just thought he
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was a go -getter.
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Soon, Bradley is promoted to shift
leader in the customer service
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That's when he starts to suspect
something isn't right at Berkeley.
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Customer service reps are reporting a
high volume of calls from dissatisfied
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customers.
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It's got to the point you're almost on a
first -name basis with the people
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calling in.
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The problem?
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They're getting insight, and they don't
want it.
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Customers try to cancel, but their
credit cards are still being charged.
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In most cases, the amounts are between
$1 to $200.
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And month after month, their losses are
starting to pile up.
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The continuity program has become a scam
to entrap customers.
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I told Warshak, give these people
credit.
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And he would say, oh, I wasn't aware.
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I wasn't aware of that.
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He was aware.
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He knew.
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But he was a real bright guy.
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So I knew he knew.
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Warshak attributes the botched credits
to typical growing pains of a company
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that expanded as quickly as Berkeley
had.
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He assures John the credits will be
taken care of. But they aren't.
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Michigan residents Ellie and Bob Price
come to know all about Berkeley's
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continuity program.
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In 1995, 29 -year -old Ellie learns she
has to have major surgery.
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She was getting cysts on her ovaries, so
she had to get a complete hysterectomy.
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Ellie's surgery goes well, but as a side
effect, her hormone levels decrease,
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and with them, her sex drive.
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And I would just tell her, you know,
don't worry about it. It's okay. Once we
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get this thing figured out with the
hormone replacement, I'm sure things
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fine.
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But Ellie becomes frustrated.
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Then, in 2003, she hears an ad for
Avlamil on the radio, the Berkeley
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that claims to boost women's libido.
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Ellie orders a free one -month supply.
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The lady told her this is just strictly
a sample pack to try the product and see
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if she liked it, if she liked it, she
could order more after that, and that
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needed the debit card number just for
shipping and handling.
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But Ellie believes Avlamil does nothing.
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Since she doesn't call back to order
more, she's surprised to get another
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package the next month.
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And the next month.
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Each time, an automatic withdrawal in
the amount of $35 is debited from her
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checking account.
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00:13:31,480 --> 00:13:36,380
Ellie calls Berkeley several times and
gets nowhere, so Bob steps in.
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I explained the situation.
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I told them that whatever they had done
was fine, that, you know, just if they
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would stop sending the product, that we
wouldn't worry about it any further.
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But the monthly charges keep piling up
for Bob and Ellie.
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and countless other customers.
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In 2003, consumer complaints against
Berkeley are building, with thousands
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at the Better Business Bureau.
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00:14:06,540 --> 00:14:11,680
Cincinnati Magazine illustrates
Berkeley's troubles with a comic strip.
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Berkeley was considered the worst
offender in the area of business
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The uproar causes several federal
agencies to take action.
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00:14:22,980 --> 00:14:29,439
With the U .S. Postal Inspection Service
leading the way, the FDA, FBI, and IRS
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team up and begin a criminal
investigation.
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00:14:32,860 --> 00:14:33,910
Their focus?
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Berkeley's illegal billing practices.
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Continuity in and of itself is not
illegal.
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What Berkeley did was they set up a
continuity program that didn't disclose
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00:14:44,720 --> 00:14:46,100
it was a continuity program.
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00:14:47,020 --> 00:14:50,700
Berkeley sets up several roadblocks when
people try to cancel.
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Callers are asked to provide
documentation of their sexual history.
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When you would have to write a letter
documenting your sexual history in order
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to get a credit?
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Something wrong there.
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Who's going to do it? You just say, ah,
forget it.
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Some callers are told to contact
Berkeley's vice president of customer
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Michael Johnson.
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There's just one problem. Mr. Johnson
doesn't exist.
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I don't know who Michael Johnson was.
Maybe there was a Michael Johnson.
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I just told my people to take the call
that they were taking the calls from
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Michael Johnson.
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00:15:32,700 --> 00:15:36,080
Later, I figured out there wasn't a
Michael Johnson.
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In other cases, unsatisfied inside
buyers are asked to submit notarized
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00:15:42,740 --> 00:15:43,790
from their doctors.
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00:15:44,540 --> 00:15:47,140
verifying that their penises haven't
grown.
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Ellie Price, who takes Berkeley's female
sex enhancement product, knows this
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game all too well.
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The gentleman on the phone told me that
before they could take my wife off this
233
00:16:00,200 --> 00:16:04,439
supplemental treatment that I would have
to have her go to a doctor, get a
234
00:16:04,440 --> 00:16:05,940
physical, and get a clearance.
235
00:16:06,340 --> 00:16:11,540
And my response to him was, did you have
a doctor put her on this treatment?
236
00:16:12,650 --> 00:16:17,389
Bob knows Berkley is scamming them, and
the circumstances are starting to take a
237
00:16:17,390 --> 00:16:18,730
toll on his marriage.
238
00:16:19,810 --> 00:16:22,100
We had a couple arguments over the
situation.
239
00:16:22,470 --> 00:16:25,660
I was unhappy that she thought she had
to do something like that.
240
00:16:25,870 --> 00:16:29,489
I was upset and I was angry that they
did this to her, put her in this
241
00:16:29,490 --> 00:16:30,540
situation.
242
00:16:32,890 --> 00:16:38,429
In 2003, Stephen Warshak and several of
his top executives are served with
243
00:16:38,430 --> 00:16:39,480
subpoenas.
244
00:16:40,910 --> 00:16:45,430
A short time later, Warshak begins to
raid Berkeley's coffers.
245
00:16:45,630 --> 00:16:52,529
From January to November 2004, he
deposits $7 .7 million into his and
246
00:16:52,530 --> 00:16:59,429
his wife's bank account and another $16
.5 million into a personal
247
00:16:59,430 --> 00:17:04,009
account. He was just very arrogant about
it. Somehow or another, he thought that
248
00:17:04,010 --> 00:17:09,329
he was going to get through it all and
be able to pick up where he left off.
249
00:17:09,800 --> 00:17:12,280
and that these charges would magically
go away.
250
00:17:12,640 --> 00:17:18,299
When American greed returns, will
Warshak and his arrogance be able to
251
00:17:18,300 --> 00:17:19,350
prison?
252
00:17:30,800 --> 00:17:37,740
On March 16, 2005, with a search warrant
in hand, 50 armed agents from the U .S.
253
00:17:37,760 --> 00:17:44,459
Postal Inspection Service, FBI, IRS, and
FDA descend on the headquarters of
254
00:17:44,460 --> 00:17:47,080
Berkeley Premium Nutraceuticals.
255
00:17:47,580 --> 00:17:54,199
They brought in a number of trucks. They
loaded a large number of boxes of files
256
00:17:54,200 --> 00:17:58,320
and computers and hard drives and hauled
them off to a secure location.
257
00:17:58,990 --> 00:18:04,729
Officials removed seven tons of
evidence, including 24 laptops, computer
258
00:18:04,730 --> 00:18:08,590
drives, marketing plans, even the
unopened mail.
259
00:18:08,810 --> 00:18:13,550
In all, the government takes 13 ,500
documents.
260
00:18:14,010 --> 00:18:20,049
The raid results in a 112 -count
indictment against Warshak and his top
261
00:18:20,050 --> 00:18:21,290
September 2006.
262
00:18:22,410 --> 00:18:27,550
Fourteen of the company's executives,
including Warshak, his mother, his
263
00:18:27,690 --> 00:18:32,429
and his brother -in -law, are charged
with federal crimes including fraud and
264
00:18:32,430 --> 00:18:33,480
money laundering.
265
00:18:33,490 --> 00:18:39,689
Federal authorities believe that between
2001 and 2006, Warshak and his top
266
00:18:39,690 --> 00:18:45,829
execs took $100 million without
customers' consent by repeatedly billing
267
00:18:45,830 --> 00:18:48,630
credit cards for refills they didn't
order.
268
00:18:49,450 --> 00:18:53,629
I think in the eyes of the government,
the company went beyond just making it
269
00:18:53,630 --> 00:18:54,710
difficult for people.
270
00:18:54,950 --> 00:19:00,609
It directly tried to mislead people. It
went to great lengths to keep people
271
00:19:00,610 --> 00:19:02,050
from returning product.
272
00:19:02,250 --> 00:19:06,969
And most importantly, it went in and
took charges on people's credit cards
273
00:19:06,970 --> 00:19:08,020
without permission.
274
00:19:08,150 --> 00:19:11,570
And that was a huge problem for them to
get past.
275
00:19:12,300 --> 00:19:16,000
In January 2008, Stephen Warshak goes on
trial.
276
00:19:16,260 --> 00:19:19,330
It's one of the biggest consumer fraud
cases in Ohio history.
277
00:19:19,540 --> 00:19:23,679
Warshak's lawyers assert that all
charges can be attributed to mistakes
278
00:19:23,680 --> 00:19:28,860
when a company grows from zero to $200
million in less than eight years.
279
00:19:29,550 --> 00:19:33,969
And Warshak's entire argument was that
this company was growing so fast, we
280
00:19:33,970 --> 00:19:36,069
couldn't keep up with some of the
problems that were developing.
281
00:19:36,070 --> 00:19:40,229
We did our best. We worked hard to fix
it. But sometimes we didn't quite do as
282
00:19:40,230 --> 00:19:41,309
well as we should have done.
283
00:19:41,310 --> 00:19:44,409
I don't think that you accidentally
start ripping people off and scamming
284
00:19:44,410 --> 00:19:48,390
I think that that's what he created, and
that's what he intended to do.
285
00:19:49,510 --> 00:19:54,689
In the end, it's a mountain of damning
emails, impossible to defend, that would
286
00:19:54,690 --> 00:19:56,350
ultimately bring Warshak down.
287
00:19:57,310 --> 00:19:58,530
In one email...
288
00:19:58,760 --> 00:20:03,459
Warshak writes, I don't care if the card
is taken from Grandma's purse so Junior
289
00:20:03,460 --> 00:20:07,320
can buy some insight. If the card is
good, I want a ship.
290
00:20:07,940 --> 00:20:12,960
But the most damning email is written by
Warshak's nephew, Jason Cosman.
291
00:20:13,580 --> 00:20:18,380
In it, Cosman sketches out a plan for
wringing yet more money out of
292
00:20:19,100 --> 00:20:23,939
He suggests that after customers cancel
their orders, Company reps call them
293
00:20:23,940 --> 00:20:28,679
back pretending to represent a hospital
offering a cheaper and more effective
294
00:20:28,680 --> 00:20:34,419
product. The poor customer bites, Kosman
writes, thinking he's getting a better
295
00:20:34,420 --> 00:20:37,700
deal, but he's actually getting taken
for a second time.
296
00:20:39,580 --> 00:20:42,820
Kosman goes on to write, the scheme is
beautiful.
297
00:20:43,140 --> 00:20:47,919
Dreamed it up after many a bong hit one
night. These customers are fish in a
298
00:20:47,920 --> 00:20:48,859
barrel, man.
299
00:20:48,860 --> 00:20:50,420
Exploit their shit out of them.
300
00:20:50,421 --> 00:20:54,759
This is what the company was about. It
wasn't about selling a product. It was
301
00:20:54,760 --> 00:20:56,020
about exploiting people.
302
00:20:56,520 --> 00:20:59,700
Warshak has forwarded the email to five
Berkeley employees.
303
00:21:00,220 --> 00:21:04,240
In the subject line, he's written, The
student has become the teacher.
304
00:21:04,620 --> 00:21:08,040
Our company was built on this kind of
creative thinking.
305
00:21:08,280 --> 00:21:10,020
Thanks for the wake -up call, Jason.
306
00:21:10,800 --> 00:21:16,099
At trial, his defense team argues
Warshak forwarded the email to others as
307
00:21:16,100 --> 00:21:18,660
joke. I think the issue for...
308
00:21:18,661 --> 00:21:22,739
Federal prosecutors became, you know,
this is in the middle of all of this,
309
00:21:22,740 --> 00:21:27,919
know, uproar going on about the company,
and yet he's still telling people that
310
00:21:27,920 --> 00:21:30,560
this is the kind of thinking that we
want to embrace.
311
00:21:30,960 --> 00:21:35,459
The prosecutors made a pretty strong
case that his actions supported what he
312
00:21:35,460 --> 00:21:36,510
said in that email.
313
00:21:36,860 --> 00:21:43,480
On February 22, 2008, Stephen Warshak is
convicted on 93 counts of conspiracy,
314
00:21:44,000 --> 00:21:45,960
fraud, and money laundering.
315
00:21:46,760 --> 00:21:52,119
Judge Arthur Spiegel, who presides over
the case, says Warshak was motivated by
316
00:21:52,120 --> 00:21:53,170
greed.
317
00:21:54,080 --> 00:21:59,679
The judge made a point to say that not
only is he taking money from people, but
318
00:21:59,680 --> 00:22:01,459
he's preying on their insecurities.
319
00:22:01,460 --> 00:22:05,979
And that seemed to bother the judge,
that this was something that he knew he
320
00:22:05,980 --> 00:22:07,030
could exploit.
321
00:22:07,380 --> 00:22:11,340
While most of his top executives have
gotten one - to two -year sentences,
322
00:22:11,840 --> 00:22:14,600
Warshak doesn't get off nearly so
easily.
323
00:22:15,720 --> 00:22:22,379
He's ordered to pay $494 million in
forfeiture, and he's sentenced to 25
324
00:22:22,380 --> 00:22:24,380
years in federal prison.
325
00:22:26,100 --> 00:22:32,239
25 years is a long time, especially,
again, when you consider that no one
326
00:22:32,240 --> 00:22:37,719
everything. You know, nobody lost a
fortune here. Nobody went bankrupt. But
327
00:22:37,720 --> 00:22:39,820
was petty theft on a massive scale.
328
00:22:41,380 --> 00:22:46,339
Michigan residents Bob and Ellie Price
never recovered their losses, but for
329
00:22:46,340 --> 00:22:48,560
Bob, it wasn't just about the money.
330
00:22:49,360 --> 00:22:53,559
The money wasn't really the thing that
motivated me. It was the way I was
331
00:22:53,560 --> 00:22:56,640
treated by these people, and it was what
they did to my wife.
332
00:22:59,360 --> 00:23:05,119
Berkeley customer Brian decides to take
his fight one step further. He takes
333
00:23:05,120 --> 00:23:08,120
part in a class -action civil lawsuit
against Berkeley.
334
00:23:08,970 --> 00:23:12,370
The company ends up settling for $4 .7
million.
335
00:23:13,690 --> 00:23:15,590
I was awarded $17 ,000.
336
00:23:15,591 --> 00:23:20,149
I'm glad they had to pay me. I'm glad
they had to pay the other people in the
337
00:23:20,150 --> 00:23:24,909
class. You know, they're counting on
people putting their money down and not
338
00:23:24,910 --> 00:23:26,170
saying anything about it.
339
00:23:26,610 --> 00:23:30,490
I actually decided to stand up to these
guys and say, hey, this is wrong.
340
00:23:30,491 --> 00:23:34,129
I don't care what kind of embarrassment
I have to go through. I'm going to get
341
00:23:34,130 --> 00:23:35,450
my money back from you guys.
342
00:23:36,410 --> 00:23:41,529
Enzyte is still on the market. The
product itself was never deemed harmful
343
00:23:41,530 --> 00:23:44,510
consumers, just Berkeley's business
practices.
344
00:23:45,970 --> 00:23:50,230
A new company called Byanda has
purchased Enzyte.
345
00:23:50,750 --> 00:23:55,410
And smiling Bob, he's still on the air
eliciting chuckles.
346
00:23:55,850 --> 00:23:58,250
Looks like it's all first class from
here.
347
00:23:58,610 --> 00:24:01,130
And helping to rake in millions.
348
00:24:13,220 --> 00:24:18,019
Atlanta, southern boomtown, where people
know how to enjoy the finer things in
349
00:24:18,020 --> 00:24:19,070
life.
350
00:24:19,740 --> 00:24:25,139
But even here, the lavish wedding party
thrown by hedge fund superstar Kirk
351
00:24:25,140 --> 00:24:27,380
Wright was a bit over the top.
352
00:24:28,700 --> 00:24:32,639
There were, you know, bars carved out of
ice, three of them, where you could
353
00:24:32,640 --> 00:24:36,190
have champagne and lobster and sushi and
everything else in the world.
354
00:24:37,930 --> 00:24:42,490
The reception goes on even as Wright's
hedge fund is on the brink of collapse.
355
00:24:43,370 --> 00:24:47,750
Only a sociopathic personality can
conduct himself in that manner.
356
00:24:48,570 --> 00:24:52,150
The wedding party is Kirk Wright's last
tango.
357
00:24:53,110 --> 00:24:58,430
When Wright exits the stage, he leads
the FBI on a national manhunt.
358
00:25:00,190 --> 00:25:03,030
Kirk Wright grows up in the Bronx, New
York.
359
00:25:04,490 --> 00:25:08,729
It was clear that he was sort of an
individual who had pulled himself up by
360
00:25:08,730 --> 00:25:12,090
bootstraps. He wasn't born into
affluence or anything like that.
361
00:25:12,690 --> 00:25:16,669
He came into a little bit of money
because, unfortunately, he had a bad car
362
00:25:16,670 --> 00:25:17,720
wreck.
363
00:25:18,870 --> 00:25:20,690
And there was a settlement from that.
364
00:25:20,890 --> 00:25:25,150
And he initially started investing that
money when he was 19 and 20.
365
00:25:26,030 --> 00:25:30,110
The settlement from the car wreck also
helps put him through graduate school.
366
00:25:30,890 --> 00:25:33,850
He gets a master's degree from Harvard
in 1995.
367
00:25:35,230 --> 00:25:41,729
A year later, Wright forms International
Management Associates, or IMA, to
368
00:25:41,730 --> 00:25:42,830
operate hedge funds.
369
00:25:44,350 --> 00:25:49,609
Calvin Paris, the father of one of
Wright's Harvard classmates, invests
370
00:25:49,610 --> 00:25:52,550
,000 with Wright in November 1999.
371
00:25:54,350 --> 00:25:57,910
That got into his investments for the
month of December.
372
00:25:58,890 --> 00:26:04,650
And when I got my monthly market value
for December, I had $145 ,000.
373
00:26:05,850 --> 00:26:11,889
An unbelievable increase in one month.
The market is hot, but Wright's return
374
00:26:11,890 --> 00:26:16,870
astronomical. Wright's financial prowess
does not go unnoticed.
375
00:26:17,150 --> 00:26:22,229
He got introduced through mutual friends
and investors to these two guys in
376
00:26:22,230 --> 00:26:24,090
Atlanta who were anesthesiologists.
377
00:26:24,700 --> 00:26:28,839
who had an entrepreneurial bent and were
looking for a place where they could
378
00:26:28,840 --> 00:26:31,839
branch out a little bit more from the
business of being doctors.
379
00:26:31,840 --> 00:26:36,899
Within a year, the two anesthesiologists
are not only invested, they persuade
380
00:26:36,900 --> 00:26:39,020
Wright to relocate to Atlanta.
381
00:26:39,780 --> 00:26:44,740
The city had grown by a third in
population from 1990 to 2000.
382
00:26:45,630 --> 00:26:49,569
There was a lot of business opportunity,
but there was a very high cultural
383
00:26:49,570 --> 00:26:52,880
comfort level for people who were black
and young professionals.
384
00:26:52,930 --> 00:26:57,990
As it turns out, the 30 -year -old is in
the right place at the right time.
385
00:26:58,750 --> 00:27:00,670
There was a lot of money to invest.
386
00:27:01,030 --> 00:27:05,229
There were relatively few hedge funds,
and very, very few that were run by
387
00:27:05,230 --> 00:27:06,280
African Americans.
388
00:27:06,590 --> 00:27:11,429
So in some ways, there was a need that
was just waiting to be met here by
389
00:27:11,430 --> 00:27:12,750
somebody like Kirk Wright.
390
00:27:13,580 --> 00:27:19,479
The two doctors use their contacts to
tap professionals like themselves,
391
00:27:19,480 --> 00:27:23,640
with ample wealth and little time or
expertise to manage it.
392
00:27:23,641 --> 00:27:27,479
So when people like Mr. Wright are able
to come to him and use terms, you know,
393
00:27:27,480 --> 00:27:31,660
margin calls and short sales and options
trading, and throw out the big word,
394
00:27:31,661 --> 00:27:35,799
the person's heard that word before,
they might not completely understand it,
395
00:27:35,800 --> 00:27:38,520
but they think, well, he's using the
right terms.
396
00:27:39,020 --> 00:27:42,360
But even savvy investors get hooked as
well.
397
00:27:43,660 --> 00:27:49,939
In 2001, Los Angeles -based real estate
developer Roger O 'Neill agrees to meet
398
00:27:49,940 --> 00:27:50,819
with Wright.
399
00:27:50,820 --> 00:27:57,019
He seemed like a very knowledgeable,
articulate guy, and he told me a little
400
00:27:57,020 --> 00:28:00,000
about his background, that he was from
Harvard.
401
00:28:00,580 --> 00:28:06,339
By the end of year 2002, I had pretty
much liquidated most of my portfolio
402
00:28:06,340 --> 00:28:09,499
my investment group and transferred it
over to International Management &
403
00:28:09,500 --> 00:28:10,550
Associates.
404
00:28:11,020 --> 00:28:14,820
Eventually, O 'Neill has $13 million in
IMA accounts.
405
00:28:16,060 --> 00:28:20,979
Little do he and other clients know, a
portion of their money is being drained
406
00:28:20,980 --> 00:28:26,219
off. An enormous amount of money, over
$10 million, was basically the
407
00:28:26,220 --> 00:28:27,879
defendant's own personal checkbook.
408
00:28:27,880 --> 00:28:31,790
That's what the defendant was living out
of, this so -called expense account.
409
00:28:32,160 --> 00:28:34,980
But Wright appears to deliver the goods.
410
00:28:35,780 --> 00:28:37,800
Statement from his Taurus Fund.
411
00:28:38,350 --> 00:28:44,889
Trumpet annual returns as high as 20%.
Returns that high attract plenty of
412
00:28:44,890 --> 00:28:48,270
attention. Wright continues to work his
game.
413
00:28:50,810 --> 00:28:54,989
Mr. Wright was able to get two NFL
football players who were retired to
414
00:28:54,990 --> 00:28:56,040
work for him.
415
00:28:56,190 --> 00:29:00,189
And this led to them going out and
getting some of their friends that were
416
00:29:00,190 --> 00:29:01,770
the NFL to also invest.
417
00:29:03,340 --> 00:29:08,680
One of Wright's new hires is former
Denver Bronco defensive star Steve
418
00:29:09,000 --> 00:29:13,320
He convinces other players to buy in,
and Wright does the rest.
419
00:29:13,860 --> 00:29:17,420
None of the NFL players involved would
talk to American Green.
420
00:29:17,680 --> 00:29:22,420
The experience with IMA is an
embarrassment they want to put behind
421
00:29:25,160 --> 00:29:29,500
Up next, what happens when football
players get ripped off?
422
00:29:30,480 --> 00:29:33,020
Kirk Wright is about to get blitzed.
423
00:29:44,240 --> 00:29:48,660
Atlanta hedge fund manager Kirk Wright
is building a financial empire.
424
00:29:49,380 --> 00:29:55,119
He claims to have a secret recipe for
stock market success, but he's not
425
00:29:55,120 --> 00:29:56,680
his investors what it is.
426
00:29:57,260 --> 00:29:59,940
And that's the classic conundrum of
hedge funds.
427
00:30:00,360 --> 00:30:05,219
How much transparency do you have to
have for your investors versus giving
428
00:30:05,220 --> 00:30:06,270
your secrets?
429
00:30:07,040 --> 00:30:11,560
International Management Associates
grows to $84 million.
430
00:30:12,800 --> 00:30:15,840
All under Kirk Wright's personal
management.
431
00:30:16,060 --> 00:30:20,640
He lavishes attention on investors and
potential clients.
432
00:30:22,080 --> 00:30:26,180
He was spending a ton of money on travel
and entertainment type expenses.
433
00:30:26,960 --> 00:30:31,239
flying people out for football games
here at the Georgia Dome, showing them
434
00:30:31,240 --> 00:30:32,860
he was a successful businessman.
435
00:30:33,720 --> 00:30:38,840
He is spending on himself, too. There is
a new house for his wife and son.
436
00:30:39,900 --> 00:30:44,019
When they purchased it, the front looked
about like it does now. However, the
437
00:30:44,020 --> 00:30:47,220
entire back 20 feet or something did not
exist.
438
00:30:47,720 --> 00:30:53,080
And they spent five and a half years
adding on to the house.
439
00:30:53,900 --> 00:30:59,719
Building the pool and a great deal of
work. They added marble floors, gold
440
00:30:59,720 --> 00:31:00,770
fixtures.
441
00:31:01,840 --> 00:31:04,620
His garage is filled with luxury cars.
442
00:31:04,880 --> 00:31:10,140
A Bentley, a Jaguar, an Aston Martin, a
BMW, and a Lamborghini.
443
00:31:10,480 --> 00:31:13,420
It's an almost cartoonish version of
modern success.
444
00:31:15,040 --> 00:31:17,540
But his home life is not picture
perfect.
445
00:31:18,080 --> 00:31:22,580
In 2003, his wife files for divorce and
leaves with the boys.
446
00:31:23,260 --> 00:31:27,939
She says that Kirk has changed, and she
doesn't want to be a part of this new
447
00:31:27,940 --> 00:31:28,990
life.
448
00:31:29,420 --> 00:31:33,560
On the business side, some clients are
wary of Wright as well.
449
00:31:34,360 --> 00:31:38,360
Calvin Paris asks a lawyer to evaluate
him.
450
00:31:39,520 --> 00:31:43,839
He came into the office with Kirk, and
he walked out feeling that everything
451
00:31:43,840 --> 00:31:47,980
okay. I came away with reassurance.
452
00:31:48,670 --> 00:31:54,389
of any doubts that I have. But Wright is
covering market losses with cash from
453
00:31:54,390 --> 00:31:55,440
new investors.
454
00:31:55,670 --> 00:32:01,449
To keep IMA's statements looking solid,
he resorts to something beyond creative
455
00:32:01,450 --> 00:32:06,249
accounting. He just made them up. He
just took a template off of the Internet
456
00:32:06,250 --> 00:32:10,089
that the brokerage companies provided to
the investors so that you could track
457
00:32:10,090 --> 00:32:11,149
your own investments.
458
00:32:11,150 --> 00:32:16,410
He filled it out, sent those in, and
passed them off as actual statements.
459
00:32:17,680 --> 00:32:21,780
According to the government, Wright's
employees aren't running the scam.
460
00:32:22,120 --> 00:32:26,660
They talk him into letting them form a
more transparent division of the
461
00:32:28,080 --> 00:32:31,940
During its creation, an accountant
uncovers something shocking.
462
00:32:32,880 --> 00:32:38,959
While Wright was reporting more than a 3
% gain in two of his funds, the company
463
00:32:38,960 --> 00:32:45,200
had actually lost value to the tune of
24%. The staff demands answers.
464
00:32:46,160 --> 00:32:49,899
The core group of anesthesiologists and
football players asked for this
465
00:32:49,900 --> 00:32:54,019
confrontation, asked for this sit -down
meeting, where Kirk Wright just wouldn't
466
00:32:54,020 --> 00:32:55,140
disclose any details.
467
00:32:55,480 --> 00:32:59,000
And things became very acrimonious very
fast after that point.
468
00:32:59,360 --> 00:33:04,600
Wright tries to calm them with a $155
million account statement.
469
00:33:05,200 --> 00:33:07,920
But he won't let any of them examine the
document.
470
00:33:09,100 --> 00:33:13,120
Atwater and other insiders start
planning exit strategies.
471
00:33:14,480 --> 00:33:20,659
It's never been completely disclosed who
leaked what to whom when, but it was
472
00:33:20,660 --> 00:33:26,060
very soon after that a tip came in to
the SEC that something was awry at IMA.
473
00:33:27,060 --> 00:33:32,160
But Wright clearly thinks the best thing
to do is pretend nothing's wrong.
474
00:33:33,120 --> 00:33:40,079
On October 22, 2005, he and his second
wife throw that over -the -top
475
00:33:40,080 --> 00:33:41,130
wedding.
476
00:33:41,900 --> 00:33:46,679
He had to know that spending $500 ,000
on a wedding, he had to know on some
477
00:33:46,680 --> 00:33:49,520
level that that was not a smart move.
478
00:33:50,720 --> 00:33:53,080
The honeymoon is soon over.
479
00:33:53,740 --> 00:33:57,940
In December, Wright starts to give
investors the runaround.
480
00:33:58,760 --> 00:34:03,279
Payments had been missed, checks had
been bounced, and investors had started
481
00:34:03,280 --> 00:34:06,600
become very concerned that the money
just was not there.
482
00:34:08,300 --> 00:34:12,520
And that was the point where Atwater
said, He just felt physically sick.
483
00:34:12,900 --> 00:34:18,799
He knew that something was desperately
wrong, and he had brought many of his
484
00:34:18,800 --> 00:34:21,870
friends in on this, and it was getting
ready to break very bad.
485
00:34:22,080 --> 00:34:28,059
In an interview with Bloomberg News,
Atwater states, In my wildest dreams, I
486
00:34:28,060 --> 00:34:29,860
never thought he was stealing money.
487
00:34:32,380 --> 00:34:34,980
2006 arrives in a downward spiral.
488
00:34:35,760 --> 00:34:39,100
Investors get no further than the
receptionist when they call.
489
00:34:39,101 --> 00:34:43,849
I asked her, what's going on? And she
said, oh, everything's fine. Just a
490
00:34:43,850 --> 00:34:45,110
shakeup in the company.
491
00:34:45,111 --> 00:34:48,629
But everything's fine. Don't worry about
your money, Mr. Praris. Your money's
492
00:34:48,630 --> 00:34:51,070
safe. By February 2006,
493
00:34:52,030 --> 00:34:53,530
Kirk Wright will flee Atlanta.
494
00:34:54,610 --> 00:34:58,830
Next, with the feds on his trail, will
Wright take the money and run?
495
00:34:59,110 --> 00:35:01,230
Or will he take a permanent vacation?
496
00:35:13,960 --> 00:35:15,580
In January 2006,
497
00:35:16,380 --> 00:35:20,379
International Management Associates of
Atlanta still looks like a good
498
00:35:20,380 --> 00:35:26,679
investment. Its manager, Kirk Wright,
claims the company has more than $150
499
00:35:26,680 --> 00:35:32,559
million under management. That month,
retired businessman Alan Ehrlich follows
500
00:35:32,560 --> 00:35:35,300
up on a tip to check IMA out.
501
00:35:35,700 --> 00:35:40,159
I read all the paperwork. I called
people for references, and everything
502
00:35:40,160 --> 00:35:41,210
checked.
503
00:35:41,960 --> 00:35:43,010
Unfortunately,
504
00:35:43,480 --> 00:35:47,200
His million is the last money invested
with IMA.
505
00:35:49,240 --> 00:35:53,260
In Atlanta, everything is about to go
down the drain.
506
00:35:54,240 --> 00:35:57,420
Investors who want payments are getting
the runaround.
507
00:35:57,421 --> 00:36:02,079
Throughout the month of January,
unfortunately, Kurt gave me excuse after
508
00:36:02,080 --> 00:36:06,579
of his business, that it was year -end,
they were putting together all their tax
509
00:36:06,580 --> 00:36:10,960
information, that the operations had a
lot of ongoing activity.
510
00:36:11,870 --> 00:36:17,649
A key group of investors, retired and
current NFL players, band together to
511
00:36:17,650 --> 00:36:18,710
demand their money.
512
00:36:19,070 --> 00:36:21,110
Kirk Wright stonewalls them.
513
00:36:21,930 --> 00:36:25,190
Mr. Wright told the players, you'll get
your money next month.
514
00:36:26,070 --> 00:36:29,080
Oh, I've had a problem with the banks.
It'll be the next month.
515
00:36:29,081 --> 00:36:32,089
And then finally in February, they
realized they probably weren't going to
516
00:36:32,090 --> 00:36:32,689
their money.
517
00:36:32,690 --> 00:36:39,210
On February 17th, the players go to
court. A judge quickly freezes IMA's
518
00:36:40,430 --> 00:36:44,949
Ten days later, the Securities and
Exchange Commission files charges
519
00:36:44,950 --> 00:36:46,090
been working on as well.
520
00:36:48,310 --> 00:36:53,250
When the FBI raids IMA's office,
Wright's computer is missing.
521
00:36:53,550 --> 00:36:54,610
So is he.
522
00:36:55,470 --> 00:36:58,810
Well, it's not exactly road rage, but
there was living room rage.
523
00:36:59,030 --> 00:37:00,210
You know, we heard that.
524
00:37:01,270 --> 00:37:06,330
The FBI and the SEC move in to recover
what they can of IMA's assets.
525
00:37:07,240 --> 00:37:10,900
But there is less than $200 ,000 left.
526
00:37:11,680 --> 00:37:16,540
Even by the standards of forensic
accountants who had seen Ponzi schemes
527
00:37:16,720 --> 00:37:18,340
they found surprisingly little.
528
00:37:18,600 --> 00:37:25,240
They found the physical office desks,
chairs, valuables at the office,
529
00:37:25,300 --> 00:37:28,080
file cabinets. They didn't find much
more at all.
530
00:37:29,740 --> 00:37:33,360
In the meantime, the FBI is hunting the
man responsible.
531
00:37:35,050 --> 00:37:39,070
For three months, they chase every lead
and check every possible hideout.
532
00:37:39,950 --> 00:37:42,730
But this is a fugitive case with a
twist.
533
00:37:45,730 --> 00:37:50,450
While in hiding, Kirk Wright is giving
interviews to the Wall Street Journal.
534
00:37:50,890 --> 00:37:56,689
He was calling us from a cell phone that
was non -traceable, throwawayable, but
535
00:37:56,690 --> 00:38:00,329
still saying, well, I'm not on the run.
I don't have anything to hide. I'm just
536
00:38:00,330 --> 00:38:01,830
being careful of my movements.
537
00:38:01,870 --> 00:38:06,489
Mr. Wright's explanation for that was
that the investors, particularly the NFL
538
00:38:06,490 --> 00:38:11,330
investors, were so mad at him that he
was afraid for his own personal safety.
539
00:38:12,150 --> 00:38:17,669
It was highly unusual to be reading
about conversations in the paper that a
540
00:38:17,670 --> 00:38:22,109
fugitive is having with a reporter
claiming not to be a fugitive when at
541
00:38:22,110 --> 00:38:25,090
same time we are doing everything we can
to locate him.
542
00:38:25,670 --> 00:38:26,850
Even on the run.
543
00:38:27,360 --> 00:38:31,719
White -collar criminals typically
maintain the lifestyle to which they
544
00:38:31,720 --> 00:38:32,770
become accustomed.
545
00:38:33,180 --> 00:38:35,280
That is certainly true of Kirk Wright.
546
00:38:35,840 --> 00:38:42,300
On May 17, 2006, the FBI catches up with
him, lounging in a lap of luxury.
547
00:38:43,040 --> 00:38:47,899
And at the time of his arrest, he was
laying by the pool at the Ritz -Carlton
548
00:38:47,900 --> 00:38:48,950
South Beach in Miami.
549
00:38:49,540 --> 00:38:53,200
By all accounts, didn't appear
incredibly surprised to be found.
550
00:38:53,630 --> 00:38:58,689
He was just writing out the remaining
days until, you know, the web did
551
00:38:58,690 --> 00:38:59,740
tighten in on him.
552
00:38:59,970 --> 00:39:04,330
The 35 -year -old is checked in to
different accommodations.
553
00:39:05,710 --> 00:39:11,869
In May 2008, Kirk Wright goes on trial
for 47 counts of fraud and money
554
00:39:11,870 --> 00:39:15,730
laundering. Former partners testify
against him.
555
00:39:15,970 --> 00:39:21,390
His basic defense is that his losses
were basically legitimate trading
556
00:39:22,280 --> 00:39:27,999
We always had a dispute with everyone,
the government, the SEC, the bankruptcy
557
00:39:28,000 --> 00:39:31,060
trustee, as to what the total amount of
the loss was.
558
00:39:32,040 --> 00:39:36,699
This was a defendant who made his living
by convincing people to part with their
559
00:39:36,700 --> 00:39:40,359
money, basically be a salesman, and
that's what we argued to the jury that
560
00:39:40,360 --> 00:39:43,250
was trying to do, basically to them, was
sell them a story.
561
00:39:43,300 --> 00:39:48,299
The government wins the argument. On May
21, 2008, Kirk Wright is convicted on
562
00:39:48,300 --> 00:39:49,350
all counts.
563
00:39:49,480 --> 00:39:54,199
The man, who so recently was on top of
the world, seems to take the verdict
564
00:39:54,200 --> 00:39:58,460
composure. We met with him 15 or 20
minutes after that.
565
00:39:58,820 --> 00:40:02,779
And he seemed pretty upbeat at that
point for someone who had just lost a
566
00:40:02,780 --> 00:40:03,880
and a grueling trial.
567
00:40:04,120 --> 00:40:08,499
He'll have to wait three months for
sentencing, but he knows it could run
568
00:40:08,500 --> 00:40:09,660
hundreds of years.
569
00:40:10,300 --> 00:40:13,400
On one level, this is a very...
570
00:40:14,570 --> 00:40:19,869
Proud and confident person that it's
hard to imagine spending the rest of
571
00:40:19,870 --> 00:40:24,889
life in jail with no possibility of ever
getting out. And no quality of life
572
00:40:24,890 --> 00:40:28,010
that resembles the affluence and riches
that they had.
573
00:40:29,710 --> 00:40:34,149
At the jail, he is placed on a
heightened watch, as all recently
574
00:40:34,150 --> 00:40:35,200
inmates are.
575
00:40:35,410 --> 00:40:38,390
But guards don't watch him 24 hours a
day.
576
00:40:38,790 --> 00:40:43,689
Three days after his conviction, Wright
ties one end of a bed sheet around his
577
00:40:43,690 --> 00:40:46,670
neck. and the other around the top bunk
in his cell.
578
00:40:49,030 --> 00:40:54,250
By the time the guards make their next
check, Wright has made his final exit.
579
00:40:55,450 --> 00:41:00,769
He is dead, and so are his clients' last
hopes of recovering much money from the
580
00:41:00,770 --> 00:41:05,729
fraud. We figured that the only other
leverage we would have is for him to
581
00:41:05,730 --> 00:41:11,409
basically get a reduced sentence based
upon the cooperation of letting the
582
00:41:11,410 --> 00:41:13,450
authorities know who else was involved.
583
00:41:14,250 --> 00:41:20,010
and where the money went. I would say
that, you know, Kirk, he ruined lives.
584
00:41:21,290 --> 00:41:22,910
I mean, there's 500 investors.
585
00:41:26,070 --> 00:41:32,070
A few assets, Wright's house, cars, and
office equipment can be liquidated.
586
00:41:32,071 --> 00:41:35,839
That all takes a long time, so I don't
know that there's a final answer to that
587
00:41:35,840 --> 00:41:39,179
question right now as to how much folks
are getting back or can expect to get
588
00:41:39,180 --> 00:41:43,139
back, except that I think, as everyone
knows, it's likely not to be anything
589
00:41:43,140 --> 00:41:45,800
close to 100 cents on the dollar.
590
00:41:46,500 --> 00:41:51,739
His second wife is allowed to retrieve
only her personal possessions before the
591
00:41:51,740 --> 00:41:53,040
house is auctioned off.
592
00:41:53,980 --> 00:41:55,880
Investors are simply out of luck.
593
00:41:57,990 --> 00:42:02,510
71 -year -old Alan Ehrlich's plans for
retirement had to be scaled back.
594
00:42:03,270 --> 00:42:09,069
His wife had to return to work, and now
he lives in a rented condo. This was
595
00:42:09,070 --> 00:42:12,569
money that, you know, you plan on for
the rest of your life, and you're going
596
00:42:12,570 --> 00:42:16,990
earn a certain return, and then you can
live, and that changed, obviously.
597
00:42:19,470 --> 00:42:24,230
Other investors think Wright's suicide
was his final selfish act.
598
00:42:24,490 --> 00:42:26,930
A case of justice denied.
599
00:42:28,250 --> 00:42:29,300
Not angry.
600
00:42:29,650 --> 00:42:30,700
Not angry.
601
00:42:31,010 --> 00:42:34,570
Disappointed. I wanted to visit him. I
wanted to visit him in prison.
602
00:42:34,990 --> 00:42:37,580
And I would have. I would have been at
the sentencing.
603
00:42:37,870 --> 00:42:39,570
So I got robbed.
604
00:42:40,850 --> 00:42:43,350
I got robbed, figuratively and
literally.
605
00:42:43,400 --> 00:42:47,950
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