Wednesday, November 04, 2009

 

Defeat At The Highest Level

Novachannel AG has rarely been out of the news this year, and again and again it has been condemned for its business practices. Today’s news is actually the culmination of a story that has gone on since 2006.

In that year the Swiss secretariat (SECO) brought civil a case against Novachannel based on unfair competition they, quickly won in the lower courts with Novachannel ordered to cease mailing the deceptive contracts. As is almost always seen with these guides, Novachannel appealed, first to the district court and finally to Switzerland’s Supreme Court; appealing allowed them to continue mailing the forms and to continue to rake in the cash, the income almost certainly outweighed the legal costs.

You can read SECO’s press release here: English | German | Italian | French

While appealing may have made financial sense in the short term by getting this case into such a high court, Novachannel may have dealt a fatal blow to the Ludenbach model of deceptive form. SECO’s case appears to have painted a fairly broad picture of the scam and the overall layout of the form. This is very important because it has been a ruse of guides to draw courts into detail and then to simply produce a variant of the form which addresses these minor details. In such instances prosecutors are forced to return to court while all the time the guide is making money. There has also been a risk of stalemate, where a form would emerge which still mislead but where legal channels to prevent it became exhausted.

Switzerland’s laws are closely aligned to those of the EU countries so this case will resonate in countries like Spain, Portugal and Germany where associated guides continue to operate. Indeed the laws in these countries are often stricter than those in Switzerland, they just need to be implemented! Now we have a very significant ruling showing that this form of deception can be stopped by civil action.

Of course for Novachannel and the company’s former CEO Michael Rowe it does not end here, there is still a huge criminal investigation into the activities of the former Ludenbach companies. Also The Portuguese company, United Directories bought many of Novachannels disputed contracts and has continued to harass victims from outside Switzerland

Christian Bütikofer has published information on the court case in the Swiss Newspaper Tages Anzeiger (Scan below) In the article he goes on to flag up the new Portuguese outfit which is being fronted by a certain Debora Schaer (Schär). He cites anonymous sources who state that she previously worked for Micael Rowe of Novachannel as a secretary, if this is verified it will cast significant doubt on the assertion that United has no link with Novachannel.






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Tuesday, November 03, 2009

 

Are UNITED Directorios, Lda Expanding their operations?

United Directories based in Lisbon, Portugal bought many of the disputed contracts of Novachannel AG a company forced into liquidation in Switzerland and currently the subject of a huge criminal investigation in that country. (See This Blog tomorrow for some important Analysis of Novachannels recent loss before the Swiss Supreme Court)

The contracts in question related to the medical directory, med1web and were of the classic misleading format that has become known as the Ludenbach style after the man behind many of the companies that have used this layout.

Staff at United Directories were left in no doubt by frustrated victims of the Novachannel scam that the contracts were subject to the Swiss code of obligations, and were void due to their deceptive nature, this did not stop United from writing aggressive letters demanding payment and threatening legal action, nor did it stop them from contriving their own, very similar contacts which were mailed from Portugal and are now also the subject of dispute.

Recently med1web have been fairly quiet, with few complaints received, usually an indication with such guides of legal problems or of an ongoing project that is using resources; now the next stage may be evident.

In October a few complaints appeared online about forms from a guide calling itself The European Medical Directory – the complaints note that a price is inferred and that the contracts are misleading (StopECG has not yet seen these contracts to assess the complaints)

Some research has revealed that the directory does exist, calling itself The European Medical Directory (TEMDI) with a website at www.temdi.com

Although the website was registered using a company that allows the owner to remain anonymous a quick look at temdi.com reveals the following contact information

UNITED Directorios, Lda
Av. Joao Crisostomo 38c
1050-127 Lisbon
Portugal

Telephone +351 211 148 777
Fax +351 211 148 755

Email info@temdi.com

Commercial – Register 508'829'402
VAT - No. 508'829'402

Digging a little deeper the following unused domains can be found, registered using the same Anonymous Registration service and hosted at the same IP address of 213.58.174.50

www.ammedi.com
www.ammedi.us
www.tapam.com
www.tapat-guide.com
www.tapat-guide.us
www.tapat.us

It appears an American Medical Directory is planned and possibly an American Directory of Patents and Marques

On the very next IP block of 213.58.174.51 and again using the same Anonymous Registration service is just one domain

www.un-legalservices.com
Could it be that a new debt collection outfit is on the way?

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Monday, August 24, 2009

 

Novachannel AG in Liquidation

Scam guide operator Novachannel AG has been put into liquidation continuing the process of closing down the Swiss hub of former the Ludenbach guide empire.

Novachannel started its life providing video chat and other services associated with the porn industry but with the liquidation in Lichtenstein of the Tour and Travel Guide which had scammed the tourist industry for many years the need within the guide industry arose for a new operation. Many addresses from the Tour and Travel guide were simply transferred to the new Novachannel database and Tourist Directory was born.

Novachannel was notable for its aggressive litigation against those who dared to criticise the company, litigation that usually went disastrously wrong, When Michael Plumpe, a German citizen described the operation as ‘mafia like’ Novachannel sued, bringing the case in Switzerland, after spending substantial amounts of money they lost with the courts agreeing with Plumpe.

StopECG was also attacked with various ISPs hosting the site receiving lawyers letters, but before litigation could commence the intervention of the British press and MEP Richard Corbett lead to substantial unwanted publicity and the publishing of Ludenbach’s photo in the media.

People who previously worked for Novachannel still work for Eye-net Gmbh in Germany which runs a defamation forum were Novachannel boss Michael Röwe used to post personal attacks. The current fate of Röwe is not known but he is believed to be amongst those arrested in Switzerland.

For victims of the tourist directory it is all over, expect no more demands for money. Another Former Novachannel Guide, Med1web continues to trade from Portugal and appears to be in the process of expanding its operation while a further guide the Yachting Almanac which was displayed on Novachannels website was still born with no contracts or demands ever mailed

Expect a new guide targeting the tourist industry to appear with forms ever-so-slightly different to those used by Novachannel.

If you used to work for Novachannel StopECG would be interested in hearing from you, even if your work was transient or part-time employment such as translation. You can get in contact by mailing stopscamguides@yahoo.co.uk your information will be treated in confidence.

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Tuesday, June 30, 2009

 

Big News From Switzerland

For days now I have been getting reliable reports that the police have moved decisively in Switzerland against the Guides and associated companies.

I can confirm that at Novachannel AG, Intercable Verlag AG and Premium Recovery are not trading at this time, that arrests have been made and that at least one senior executive is reported to have evaded arrest and to be on the run.

I must qualify the obvious delight felt by all who have been touched by these companies, because it is not over yet, firstly this will all now go to court where the guide owners are sure to hire the best lawyers money can buy, secondly they have already moved parts of the operation out of Switzerland.

Around the turn of the Year Novachannel passed their med1web operation to United Directories Lda. In Portugal, United immediately set about actively hounding people who had signed Novachannels earlier mailouts, they have been very persistent and are also now mailing their own forms, forms almost identical to those previously sent by Novachannel.

Then on 1st May Intercable Verlag AG transferred disputed contracts to CEA Kft. of Budapest Hungary. CEA has already set about writing to Czech and Slovak victims who have signed Intercable forms in error. I will publish updated advice for people in dispute with the new companies soon.

These new companies are just the latest twist in a complex web of firms straddling the globe but primarily based in Europe. For over 30 years straw men and trustees have fronted holding companies that provided logistics, technical support and infrastructure, parts of individual guide activities have been secretly managed by these companies and while it is near impossible to ascertain the true owners of many of these firms money flows between them with great ease both as payments and loans. Again and again the core perpetrators have evaded justice, to such a point that some of them now feel above the law.

I know that employees of these companies, both current and past will read this blog, so I appeal to those of you reading to seize this opportunity and go to the police! You will have information that is almost certainly no longer in the paper trail. Details you consider minor might aid the case and make it harder for the guide operators to set up afresh. It is not just the current operators, if there is a resounding conviction in this case it will make it harder for people elsewhere in the world to run similar scams.

I will update this article and stopECG with details of how to contact the Lucerne police directly but in the meantime why not take what you know to your local station, even if you think the guides are unconnected.

Update: 2nd July / 6th July: as promised here are the contact details for Swiss Police, you can also pass information to me on stopscamguides@yahoo.co.uk and I will pass it on, as it is unclear who has overall responsibility I have published all relevant addresses.

Lucerne Police
Kantonspolizei Luzern
Kommando
Kasimir-Pfyffer-Strasse 26
Postfach 6002 Luzern
Switzerland
Tel +41 41 248 81 17
Fax +41 41 240 39 01
E-Mail info.kapo(at)lu.ch

Zug Police
Zuger Polizei
An der A
6300 Zug

Tel. 041 728 41 41
Fax 041 728 41 79
info(at)polizei.zg.ch
Ask for investigation officer Mr Daniel Stein

Swiss Courts
Eichwilstrasse 26010
Luzern Switzerland
Tel. +41 318 15 25

Fax +41 318 15 13

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