Complaint Review: Alex Martino - Nationwide

 

You run afoul of California’s criminal fraud laws anytime you use deception or deceit to:

1. commit an act that results in an unfair or undeserved benefit for yourself, and/or
2. cause harm or loss to another person.

Fraudulent acts are most frequently driven by two motives:

1. financial gain, or
2. the desire to escape criminal culpability.

Often referred to as white-collar crimes, these fraud offenses will subject you and your families to high fines and significant jail or prison sentences.  Many of these crimes carry specific penalties, while others are prosecuted under

• theft law,
• Penal Code 470 PC – forgery law, and/or
• Penal Code 118 PC – perjury law.

 

Furthermore, fraud offenses such as professional license suspension and/or revocation, meaning your corporation will be sieved as well.

And finally, the government may validly seize any money or other property that was involved in the fraudulent activity through a process authorized under California fraud offenses.

 

Federal law allows law enforcement agencies and prosecutors to seize property and money from people conducting fraudulent activities. The seizure is known as "forfeiture," and it's done without compensation to the owner.  .Federal Criminal Forfeiture of Property

                              

 

 

 

                           You acquired your cars with victim’s money.  They will also be seized.

 

                                                    

 

 

These are crimes that I am prosecuting you for Alex, in the Los Angels County Superior Court.

 

California Bus. & Prof. Code PEN § 327 – Ponzi Scheme

Every person who contrives, prepares, sets up, proposes, or operates any endless chain is guilty of a felony or misdemeanor (varies on the nature of the crime) public offense, and is punishable by imprisonment in State prison for 16 months, two or three years or up to one year in county jail, probation, fines, restitution, community service.

The very nature of Alex Martino’s online fraudulent activities constitutes an e-commerce Ponzi scheme. The only difference is that Martino simply doesn’t care enough to conceal it. Sometimes the stores make money, like my Amazon profiting a whopping $600 in one month. Unfortunately, Martino accomplished this using the ‘forbidden retail arbitrage’ policy. My Amazon store is permanently shut down.

 

Fraud in the Inducement: Ca. Civ. Code § 1572

Fraud committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3. The suppression of that which is true, by one having knowledge or belief of the fact; 4. A promise made without any intention of performing it; or, 5. Any other act fitted to deceive.

 

Fraudulent Misrepresentation and Misleading Advertising: Bus. & Prof. Code, § 17200, 17700 (a) Misrepresenting the source of goods or services. “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising”.

 

FTC Section 5: 15 U.S.C. § 45(a)(1)

(a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.

(1) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce. 

An act or practice is deceptive if it involves a representation, omission, or practice that is likely to mislead consumers acting reasonably under the circumstances, and the representation, omission, or practice is material. The FTC Policy Statement on Deception states that the Commission analyzes deceptive business practices under the following rubric: There must be a representation, omission or practice that is likely to mislead the consumer. This includes the “use of bait and switch techniques.”

The practice is examined from the perspective of a reasonable person in the circumstances. If the practice “is directed primarily to a particular group,” such as Internet users, “the Commission examines reasonableness from the perspective of that group.”  The representation, omission or practice must be a material one, i.e., it is likely to affect the consumer’s conduct or decision regarding the product or service.

 

Contract Fraud, Consumer Legal Remedies Act (CLRA): Civ. Code, § 1750 et seq

Backdating a legally binding document requires the consent of both parties, or it is fraud. It requires a 3 Day contract recission in writing.

 

Breach of Contract: Ca. Civ. Code § 3300-3302 and 3353- 3360

For breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result from. The objective of the law of damages for breach of contract is to put the aggrieved party in the same position had the contract not been breached.

 

Breach of Fiduciary Duty: Cal. Corp. Code § 17704.09 Any relation existing between parties to a transaction wherein one of the parties is in duty bound to (a) me for reasonable care, (b), duty of confidentiality, (c) duty of undivided loyalty for the benefit of the other party. A fiduciary relationship begins once the fiduciary commences to knowingly act upon behalf of the other party (beneficiary), in their benefit. The fiduciary duty is breached when the fiduciary violates these requirements: A. Treat beneficiary with care and reasonable conduct. B. Remain open and honest with beneficiary when it comes to relevant information. C. Act in good faith, by putting the interests of the beneficiary above all personal interests.  A fiduciary relationship existed, and you, Alex Martino, the Fiduciary owed me, the Principal, a duty to not deceive me, denying that you cashed the Good Faith check that you agreed to hold. The Fiduciary acted in a manner that contradicted, or breached, the duty. The Principal suffered damages. The damages include: My Wells Fargo account remained overdrawn by $10,000 for 9 days, until BofA recovered the stolen $25,000.

 

Tortious Contract Interference: Bus. & Prof. Code §§ 16600

Prohibits fraudulent business acts, breach of fiduciary, fraud and tortious interference with contracts.

Theft, embezzlement, or misapplication by bank officer or employee: 18 U.S. Code § 656

Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, national bank, insured bank, branch or agency of a foreign bank or any agent or employee, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or any moneys, funds entrusted to the custody or care of such bank, branch, or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years. or both.

 

False Statements, Concealment: 18 U.S.C. § 1001 Whoever, in any matter within the jurisdiction of any institution receiving oversight by the DOJ knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title, or imprisoned not more than 5 years, or both.

 

Grand Theft: Cal. Penal Code §§ 487, 490.2

A person is guilty of grand theft if he: unlawfully takes someone else’s property, and. that property is valued at more than $950.00. A felony grand theft conviction is punishable by up to 3 years in prison and a fine of up $100,000.

 

Grand Theft by False Pretense: Ca. Pen Code § 532 Intent to Deceive by doing one of the following: a. Say something that you know is false, b. Recklessly claim something is true when you have no reason to believe it is. c. Fail to provide information that you have an obligation to provide, d. Make a promise that you don’t intend to fulfill. Evidence required for charges of grand theft by false pretenses: a. A false writing or “false token” (this is often some kind of fake document ... like a fake check or

contract). B. A writing that sets out the false pretense, signed or handwritten by you. C. Testimony from one witness plus some other evidence.

 

Grand Theft by Forgery: Ca. Pen Code § 470

One knowingly changes or falsifies any legal document; or fakes, alters, or presents as genuine a false document pertaining to money, finances, or property.

 

Grand Larceny: DOJ CRM 18 U.S.C. § 1001

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry ...

 

Grand Larceny & a bank is involved: Federal code 530 U.S. § 2113 (c)

The Federal Court imposes criminal liability on any person who knowingly “receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen, either from a bank, or is exported into a bank.

 

Part 353 of FDIC Rules and Regulations and CFR (U.S. Code of Federal Regulations): Title 31, Chapter X § 1020.320

Suspicious activity must be reported to the FinCEN, a bureau of the U.S. Dept of the Treasury. A SAR (Suspicious Activity Report) should be transmitted to FinCEN involving any amount when the financial institution believes it is either an actual or potential victim of a committed or attempted transaction and the financial and the financial institution has identified a director, officer, employee, agent, or other institution-affiliated party as having committed or aided in the commission of the criminal act. 

 

California Code, Business and Professions Code: BPC § 7107

Abandonment without legal excuse, of a contract undertaken by the service provider, is guilty of a felony if the aggregate value is $25,000 or more

 

Conversion: Ca. Civ. Code § 3336

The detriment caused by the wrongful conversion of personal property is presumed to be: 1. The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; 2. A fair compensation for the time and money properly expended in pursuit of the property.

 

Unjust Enrichment: Ca. Civ. Code § 3294

In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. (3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of proper or legal rights or otherwise causing injury.

 

 

 

Because I am extremely kind, and the only honest person in this business relationship, I am allowing you this last chance to settle your crimes with this account. 

I don't give a s**t who you have to call to settle this account.  I have solid evidence from several people that  you f**ked over that you blew most of your money on coke, prostitutes, Dubai, cars, etc….dumb s**t.  These  facts are not in the current manuscript, because they were told to me by people who have children.  However, you didn't spare my children, so you're on f**king notice that the next update will have everything, including the children, which will be April 26th, if you don’t begin to settle the account.

 

You will deposit into the Band of America, routing 121000358, account # 325064190741, $1000 each and every Tuesday, beginning April 25th, 2023, that you and Nick stole my $25,000 from; continuing every Tuesday until your theft of $80,000 has been satisfied.  This includes the $65,000 theft, interest, fees, and criminal activity. Here is the schedule;

 

 

 

 

 

2023

80,000

25-Apr

79,000

2-May

78,000

9-May

77,000

16-May

76,000

23-May

75,000

30-May

74,000

6-Jun

73,000

13-Jun

72,000

20-Jun

71,000

27-Jun

70,000

4-Jul

69,000

11-Jul

68,000

18-Jul

67,000

25-Jul

66,000

1-Aug

65,000

8-Aug

64,000

15-Aug

63,000

22-Aug

62,000

29-Aug

61,000

5-Sep

60,000

12-Sep

59,000

19-Sep

58,000

26-Sep

57,000

3-Oct

56,000

10-Oct

55,000

17-Oct

54,000

24-Oct

53,000

31-Oct

52,000

7-Nov

51,000

13-Nov

50,000

21-Nov

49,000

28-Nov

48,000

5-Dec

47,000

12-Dec

46,000

19-Dec

45,000

26-Dec

44,000

1-Jan

43,000

9-Jan

42,000

16-Jan

41,000

23-Jan

40,000

30-Jan

39,000

6-Feb

38,000

13-Feb

37,000

20-Feb

36,000

27-Feb

35,000

5-Mar

34,000

12-Mar

33,000

19-Mar

32,000

26-Mar

31,000

2-Apr

30,000

9-Apr

29,000

16-Apr

28,000

23-Apr

27,000

30-Apr

26,000

7-May

25,000

14-May

24,000

21-May

23,000

28-May

22,000

4-Jun

21,000

11-Jun

20,000

18-Jun

19,000

25-Jun

18,000

2-Jul

17,000

9-Jul

16,000

16-Jul

15,000

23-Jul

14,000

30-Jul

13,000

6-Aug

12,000

13-Aug

11,000

20-Aug

10,000

27-Aug

9,000

3-Sep

8,000

10-Sep

7,000

17-Sep

6,000

24-Sep

5,000

1-Oct

4,000

8-Oct

3,000

15-Oct

2,000

17-Oct

1,000

 

0

 

 

 

                  No need to move from 20512 Londelius St, Winnetka, 91306, to avoid this.

                                                       I already officially served you.

 

                          

 

 

                         If you miss a single on-time payment, I will share this and all new information with the class-action lawsuit firm.

                                              

 

 

 

 And to the book, with a

MAJOR MARKETING CAMPAIGN

to sell it.

 

                                        

 

 

The campaign will include all social media.  I run a marketing agency and create YouTube videos, and the ones I make of you will shut you down.  Why?  Because I'm going to include them, and the book, that I will furnish to the LA District Attorney, Las Vegas District Attorney, New York District Attorney, and to every District Attorney where I see you attempting to do business....my bad...I mean, attempting to Scam. 

My campaign includes personally informing both of your families and extended families, your neighbors, past neighbors, your alma mater, current business clients, your victims, their attorneys, my judge handling your prosecution, my attorney, and so on. And since I can only assume that both of your families are in on your crimes, so I will report

 

 

Claire I Martino

Connor Timothy Martino

Elaine R Martino

Francois R Martino

Frank John Martino

Frank Paul Martino

Liliane D Martino

Marc P Martino

Nathalie Ann Martino

John Emanuel Piaggione

Tracy Aryn Rubin

Caitlin McCaffrey

Carney Harper

Tracy Aryn Rubin

John Kingsley

Collin Drew Kingsley

Rosa Kingsley

 

….it’s a very long list that I have.

 

I know where you’ve been, and I’ll always know where you are going.

 

Alexis L Kingsley, 31

Winnetka, California

Tarzana, California

Canoga Park, California

Newbury Park, California

Las Vegas, Nevada

North Las Vegas, Nevada

Phoenix, Arizona

Thousand Oaks, California

Manalapan, New Jersey

 

Alexander Paul Martino, 25

Irvine, California

Beverly Hills, California

Rancho Mirage, California

Southington, Connecticut

Rye, New York

New Rochelle, New York

Big Sky, Montana

Washington, District Of Columbia

Eastchester, New York

Mount Vernon, New York

Palm Desert, California

Las Vegas, Nevada

Henderson, Nevada

Chicago, Illinois

Los Angeles, California

Seal Beach, CA

 

 

As an advocate against Scammers who take advantage of good and honest people, I'll take this story to big media, news channels, the Consumer Financial Protection Agency, the credit bureaus...all of your loans will be recalled. 

No more credit for you.

The updated manuscript is herein, complete with information about you, your disbarred father, Mike Matuz, Immad Akhund, your many Corps that act as a front.....and well, your career of crime just goes on and on.

 

If you don’t begin settling this account on April 25, I will immediately report you, Alexis and John to the authorities.  I will update the book; and continuously republish it with every new crime, association, relationship, business dealing, court appearance and criminal sentencing about you and your families. Your associates are going to have big troubles of their own because of this, which will clearly shut you down; all because of your b***h-a*s refusal to settle the account.  The next time I email you an updated manuscript, I'll cc everyone  else as well. 

 

You are in control; this situation will be remedied when you settle this account with the $80,000 payment due.

 

My recommendation: take a loan on John’s property and get me the f**k out of your life.

Otherwise, I’ll see you all in Court, and then Prison.

 

                           

 

 

 

 

 

 

 

 

 

 

Hell hath no fury like a mother whose child has been violated.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Copyright 2023 by Rima

All rights reserved. Without limiting the rights under copyright reserved above,

no part of this publication may be reproduced, stored in or introduced into a

retrieval system, or transmitted, in any form, or by any means (electronic,

mechanical, photocopying, recording, or otherwise) without the prior written

permission of both the copyright owner and the above publisher of this book.

License Notes

This is licensed for your personal use only. This e-book may not be re-sold or

given away to other people. If you would like to share this book with another

person, please purchase an additional copy for each person you share it with.

Thank you for respecting the author’s work.

 

I dedicate this book to my daughter, Rimea, who entrusted

me to invest her inheritance wisely.

 

I also dedicate this book to all of Alexander Martino's victims. 

Here is my story and documentation to help you.

 

  

 

 

 

 

    AUTHOR'S NOTE:

The first Amendment of free speech guarantees our right to

articulate.

Every written word is a true and accurate account of what happened as I remember it, supported by the enormous body of evidence I have meticulously curated.

 Never did I expect that my documentation of this runaway fiasco of Alex Martino and his girlfriend-come-accomplice Alexis Kingsley, would become a book. I've reworked the images to their best clarity.

 

 

 

 

 

 

Humans must rely on each other and extend mutual trust, kinship, and help. 

Like all species, without it, we will perish together.

 

 

Scammers manipulate the core trait of human trust.

 

 

 

 

 

 

TABLE OF CONTENTS

Foreword

 

Ponzi Scheme (Noun), and the Penal Code

Alex Martino’s Felonies and Crimes

 

Chapter 1: E-Commerce is Good

Chapter 2: Grand Theft and Larceny

Chapter 3: No Response

Chapter 4: Losing My Amazon Store

Chapter 5: My Shopify Store that Never Was

Chapter 6: Fraudulent Misrepresentation and Advertising

Chapter 7: Conversion: Martino Takes and Spends Everyone’s Money

Chapter 8: Unjust Enrichment.

Chapter 9: Alex, You Are Served

Chapter10: Alex Martino’s  Life of Crime

 

FOREWORD

I stared in horror at my bank balance. $25,000 was gone. This was my new bank account. It was so new, in fact, that B of A wouldn’t release my funds for another day, after their required 14-day hold to verify that the initial deposit was legitimate. It was March 14, 2022. I looked at the transactions. Alex Martino had cashed the “Good Faith” check he had promised to hold. Although B of A wouldn’t let me make a branch withdrawal, I found out that I could Zelle a certain amount each day. I asked Alex Martino, CEO, Scaling Group LLC if he would hold a Good Faith check for while I funded the Amazon-Shopify Bundle over the next few days. But on March 13, 2 days before the new account would be transactional, B of A had paid the $25,000 Good Faith check that Martino had deposited on Friday, March 11.

I immediately called Alex on his cell several times, and as it went straight to voicemail, my intuition clearly understood that he was avoiding me. Well, this changed everything, didn’t it?

I kept calling him. He wasn’t going to take my call. It had been a week since we signed the Shopify contract, and he

still hadn’t emailed me the copy that we had signed on March 7th, that he had promised to send me the next day.

I felt sick. I realized that despite all of my due diligence and research on Alex Martino, including meeting him and discussing his E-commerce services, that he’d defrauded me. He had plundered $65,000 from me, and I didn’t even have a contract.

I was terrified. Alex had gotten our family’s entire fortune...

 

PONZI SCHEME (NOUN)

A fraudulent investment scheme in which an operator pays returns on investments from capital derived from new investors, rather than from legitimate investment profits. Ponzi scheme operators entice new investors with abnormally high short-term rates of return. The fraudster profits by either charging fees on the “investments,” or simply fleeing with investors’ funds. Ponzi schemes generally fall apart when there is not enough new capital to pay the ever-growing pool of existing investors. The scheme is named for Charles Ponzi of Boston, Massachusetts. In the 1920s, Ponzi launched a scheme that guaranteed investors a 50% return on investments in postal coupons. Although Ponzi was able to pay his initial backers, the scheme dissolved when he was unable to pay later investors.

California Bus. & Prof. Code PEN § 327 – Ponzi Scheme

Every person who contrives, prepares, sets up, proposes, or operates any endless chain is guilty of a felony or misdemeanor (varies on the nature of the crime) public offense, and is punishable by imprisonment in State prison for 16 months, two or three years or up to one year in county jail, probation, fines, restitution, community service.

The very nature of Alex Martino’s online fraudulent activities constitutes an e-commerce Ponzi scheme. The only difference is that Martino simply doesn’t care enough to conceal it. Sometimes the stores make money, like my Amazon profiting a whopping $600 in one month. Unfortunately, Martino accomplished this using the ‘forbidden retail arbitrage’ policy. My Amazon store is permanently shut down.

 

ALEX MARTINO’S FELONIES & CRIMES

Fraud in the Inducement: Ca. Civ. Code § 1572

Fraud committed by a party to the contract, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into the contract: 1. The suggestion, as a fact, of that which is not true, by one who does not believe it to be true; 2. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; 3. The suppression of that which is true, by one having knowledge or belief of the fact; 4. A promise made without any intention of performing it; or, 5. Any other act fitted to deceive.

Fraudulent Misrepresentation and Misleading Advertising: Bus. & Prof. Code, § 17200, 17700 (a) Misrepresenting the source of goods or services. “any unlawful, unfair or fraudulent business act or practice and unfair, deceptive, untrue or misleading advertising”.

FTC Section 5: 15 U.S.C. § 45(a)(1)

(a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.

(1) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce. 

An act or practice is deceptive if it involves a representation, omission, or practice that is likely to mislead consumers acting reasonably under the circumstances, and the representation, omission, or practice is material. The FTC Policy Statement on Deception states that the Commission analyzes deceptive business practices under the following rubric: There must be a representation, omission or practice that is likely to mislead the consumer. This includes the “use of bait and switch techniques.”  The practice is examined from the perspective of a reasonable person in the circumstances. If the practice “is directed primarily to a particular group,” such as Internet users, “the Commission examines reasonableness from the perspective of that group.”  The representation, omission or practice must be a material one, i.e., it is likely to affect the consumer’s conduct or decision regarding the product or service.

Contract Fraud, Consumer Legal Remedies Act (CLRA): Civ. Code, § 1750 et seq. 

Backdating a legally binding document requires the consent of both parties, or it is fraud. It requires a 3 Day contract recission in writing.

Breach of Contract: Ca. Civ. Code § 3300-3302 and 3353- 3360

For breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result from. The objective of the law of damages for breach of contract is to put the aggrieved party in the same position had the contract not been breached.

Breach of Fiduciary Duty: Cal. Corp. Code § 17704.09 Any relation existing between parties to a transaction wherein one of the parties is in duty bound to (a) me for reasonable care, (b), duty of confidentiality, (c) duty of undivided loyalty for the benefit of the other party. A fiduciary relationship begins once the fiduciary commences to knowingly act upon behalf of the other party (beneficiary), in their benefit. The fiduciary duty is breached when the fiduciary violates these requirements: A. Treat beneficiary with care and reasonable conduct. B. Remain open and honest with beneficiary when it comes to relevant information. C. Act in good faith, by putting the interests of the beneficiary above all personal interests.

A fiduciary relationship existed, and you, Alex Martino, the Fiduciary owed me, the Principal, a duty to not deceive me, denying that you cashed the Good Faith check that you agreed to hold. The Fiduciary acted in a manner that contradicted, or breached, the duty. The Principal suffered damages. The damages include: My Wells Fargo account remained overdrawn by $10,000 for 9 days, until BofA recovered the stolen $25,000.

Tortious Contract Interference: Bus. & Prof. Code §§ 16600

Prohibits fraudulent business acts, breach of fiduciary, fraud and tortious interference with contracts.

Theft, embezzlement, or misapplication by bank officer or employee: 18 U.S. Code § 656

Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, national bank, insured bank, branch or agency of a foreign bank or any agent or employee, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or any moneys, funds entrusted to the custody or care of such bank, branch, or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years. or both.

 

False Statements, Concealment: 18 U.S.C. § 1001 Whoever, in any matter within the jurisdiction of any institution receiving oversight by the DOJ knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title, or imprisoned not more than 5 years, or both.

Grand Theft: Cal. Penal Code §§ 487, 490.2

A person is guilty of grand theft if he: unlawfully takes someone else’s property, and. that property is valued at more than $950.00. A felony grand theft conviction is punishable by up to 3 years in prison and a fine of up $100,000.

Grand Theft by False Pretense: Ca. Pen Code § 532 Intent to Deceive by doing one of the following: a. Say something that you know is false, b. Recklessly claim something is true when you have no reason to believe it is. c. Fail to provide information that you have an obligation to provide, d. Make a promise that you don’t intend to fulfill. Evidence required for charges of grand theft by false pretenses: a. A false writing or “false token” (this is often some kind of fake document ... like a fake check or

contract). B. A writing that sets out the false pretense, signed or handwritten by you. C. Testimony from one witness plus some other evidence.

Grand Theft by Forgery: Ca. Pen Code § 470

One knowingly changes or falsifies any legal document; or fakes, alters, or presents as genuine a false document pertaining to money, finances, or property.

Grand Larceny: DOJ CRM 18 U.S.C. § 1001

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry ...

Grand Larceny & a bank is involved: Federal code 530 U.S. § 2113 (c)

The Federal Court imposes criminal liability on any person who knowingly “receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen, either from a bank, or is exported into a bank.

Part 353 of FDIC Rules and Regulations and CFR (U.S. Code of Federal Regulations): Title 31, Chapter X § 1020.320

Suspicious activity must be reported to the FinCEN, a bureau of the U.S. Dept of the Treasury. A SAR (Suspicious Activity Report) should be transmitted to FinCEN involving any amount when the financial institution believes it is either an actual or potential victim of a committed or attempted transaction and the financial and the financial institution has identified a director, officer, employee, agent, or other institution-affiliated party as having committed or aided in the commission of the criminal act.

California Code, Business and Professions Code: BPC § 7107

Abandonment without legal excuse, of a contract undertaken by the service provider, is guilty of a felony if the aggregate value is $25,000 or more

Conversion: Ca. Civ. Code § 3336

The detriment caused by the wrongful conversion of personal property is presumed to be: 1. The value of the property at the time of the conversion, with the interest from that time, or, an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted; 2. A fair compensation for the time and money properly expended in pursuit of the property.

Unjust Enrichment: Ca. Civ. Code § 3294

(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual

damages, may recover damages for the sake of example and by way of punishing the defendant. (3) “Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of proper or legal rights or otherwise causing injury.

 

CHAPTER 1

E-COMMERCE IS GOOD

I had run my Amazon store since 2019, and a Shopify store in 2018. Honestly, it was difficult to wear all of the hats necessary for it to be successful ... incorporating, accounting, ordering, writing product descriptions, customer service, returns, assigning purchased barcodes, winning the Buy Box, permissions to sell restricted items, drop shipping, FBA, FBM, private label, resolving copyright issues, taxes, the list goes on and on. It was exhausting. When COVID shut the world down on March 21, 2020, Amazon started pulling previously authorized products down from Seller accounts, changed policies unpredictably, and basically made selling a nightmare. I knew that e-commerce was the best business model though, so I was doing deep dives into diverse ways to make money online, and working any jobs that I could find. There wasn’t much during the global quarantine.

Both of my children each received a small inheritance from my mother, who gave her $5 million dollar fortune to a stranger in her will. Even though she had written me, her only child off, including her grandchildren, a decade before, she certainly did have the last word. My son was over 18, and he received his check right away. My daughter was still a minor, so I was court-appointed as her guardian until she turned 18. It wasn’t much money, but if invested correctly, it was enough to build on and grow, to preserve the capital of my daughter’s inheritance. We had about four months to find an opportunity for her nest egg.

While researching ecommerce opportunities, I discovered Alexander Paul Martino. His ads were popping up all over the web like Whack-A-Mole.

 

Martino’s business model was a 100% AUTONOMOUS - DONE-FOR-YOU Amazon or Shopify store, with a $25,000 price tag to build, launch, and operate it, and then he and the client enjoy a 50/50 % profit split.

I watched his SOHO HOUSE interview. He described his E-commerce Management Services, which he claimed were making his clients millions.

https://www.youtube.com/results?app=desktop&search_quer

y=ALEX+MARTINO

 

I did a lot of research and due diligence on Alex.

 

 

  I looked up his LLC filing in California.

 

 

I researched Martino’s website. This is what it looked like in February and March of 2022.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I read all of the articles I could find ...

Note: Some of the following were published after March 7, 2022, the date I met Alex and signed the Shopify contract with his. This list is from a larger article in Chapter 8, written by Nancy M, with LET ME EXPOSE WEBSITE; whom I am grateful to ...

“Alex Martino Explains Why Investing in Ecommerce is Smarter than Real Estate if You’re Under 40” https://www.ibtimes.sg/alex-martino-explains-why-investing­ecommerce-smarter-real-estate-if-youre-under-40-65102

Alex Martino featured in LA Weekly: “To Help the LA Homeless, CEO Alexander Martino Has Promised 100,000 Meals”

https://www.laweekly.com/to-help-the-la-homeless-ceo­alexander-martino-has-promised-100000-meals/

Alex Martino featured in Forbes: “How CEO & Founder Alexander Martino Led the Scaling Group LLC to 8 Figures”

https://forbes.mc/article/how-ceo-founder-alexander-martino­led-the-scaling-group-llc-to-8-figures

Alex Martino featured on LA Weekly: “10 Entrepreneurs to Watch in 2022”

https://www.laweekly.com/top-10-entrepreneurs-to-watch­in-2022/

Alex Martino featured in Bloomberg: “Scaling Group LLC CEO Alexander Martino Pledges 100,000 Meals to Los Angeles Homeless in 2022”

https://www.bloomberg.com/press-releases/2022-01- 06/scaling-group-llc-ceo-alexander-martino-pledges-100-

000-meals-to-los-angeles-homeless-in-2022

Alex Martino featured on Forbes: “Top 10 Entrepreneurs to Follow this Year”

https://forbes.mc/article/top-10-entrepreneurs-to-follow-this-year

Alex Martino featured on After Dark podcast https://www.imdb.com/title/tt19387998/

Alex Martino featured on Do Good Work podcast https:// dogoodwork.libsyn.com/how-to-scale-ecommerce-brands-even­when-ad-costs-keep-rising-with-alex-martino

Alex Martino featured in Forbes: “Ten Leadership Lessons of 2021”

https://www.forbes.com/sites/melaniefine/2021/12/09/leaders hip-lessons-of-2021/?sh=1c570149151e

Alex Martino featured on INC.com https://www.inc.com/profile/Scaling-Group-LLC

Alex Martino featured in Yahoo News https://www.yahoo.com/now/scaling-group-llc-ceo­alexander-170000136.html

Alex Martino featured in Business Insider https://markets.businessinsider.com/news/stocks/scaling-group-llc-ceo-alexander-martino-pledges-100-000-meals-to-los-angeles-homeless-in-2022-1031082172

Alex Martino featured in Entrepreneur: “This Founder Led His Company to Eight-Figure Revenues in Less than a Year” https://www.entrepreneur.com/article/419829

Alex Martino featured in IdeaMensch https:// ideamensch.com/alexander-martino/

Alex Martino featured in Inspirery https://inspirery.com/ alexander-martino/

 

Alex Martino featured in Influencive https://www.influencive.com/top-5-tips-for-successfully­starting-your-own-e-commerce-business/

Alex Martino featured in California Business Journal https://calbizjournal.com/worldwide-online-retail-revenues-are-expected-to-grow-to-54-trillion-this-year-thatll-constitute-16-of-all-us-retail-spending-by-2040-95-of-purchases-will-occur-online-according-to-nasdaq-research/

 

 

I listened to the podcast ... https://www.youtube.com/watch?v=vCYLEc7rsxw

 

 

            

 

 

 

 

 

 

 

 

 

 

Alex was certainly doing very well for himself and his clients. managing e-commerce stores for 2000 people. I called the phone number listed on the website, 424-230-3001 (it’s now disconnected). I reached Trey, who set up an appointment to meet Alex in 45 minutes. I got to the office on March 7, 2022, 8200 Wilshire Blvd, at about 4:30 pm, and met Alex in the parking lot as he was arriving too. He gave me a tour of the WeWork building, his office, and then we sat down, and he showed me lots of computer screens of his client’s enormous profits and client testimonials, his social

 

media accounts, and pictures of his family and friends. It was all very professional, and so was Martino. He uses the images in his advertising as well, so you’re seeing here what I saw there. I liked the business model, I liked Alex Martino, and I was ready for my money to start making money!

I internalized this axiom deeply beginning January 1, 2022, when I discovered Robert Kiyosaki’s free audiobook, Rich Dad, Poor Dad, on YouTube. Search Free Audiobook Rich Dad, Poor Dad; on YouTube. Thank you Robert!

I didn’t have the new Bank of America business account checks with me, so I made a $1,000 down payment from my personal account. Alex then pulled up his standard contract online and told me to read it. It was 9 pages long, and hard to read on the screen. I looked like a standard service agreement, however I still needed to read it. I asked Alex for a hard copy, but he said that the hard copy would be ready the next day after the PandaDoc authentication, and he’d email me the whole contract then ... especially since he was in a hurry to leave and beat the traffic North to Van Nuys. I could appreciate that. I didn’t mind waiting day. Alex had a proven e-commerce management model that he was successfully implementing for thousands of clients, and was showing millions of dollars in profits. He had great reviews, as did his LLC Scaling Group. This was really exciting. I was looking forward to having a successful Shopify store!

This is the contract that Alex and I signed on March 7, 2022. Contrary to Alex’s assurance that he would email me this contract on March 8, he emailed it to me ELEVEN DAYS LATER, on March 18. In actuality, March 18 was the first time was able to read the contract in its entirety. It was then that I discovered that:

Martino had backdated the contract by 5 days, making it impossible for me to rescind the contract within 3 days, as required by law. Also, the date of my signature is missing.

 

 

SCALING GROUP LLC 

Service Agreement, Statement of Work & Mutual NDA

Thank you for choosing Scaling Group LLC to implement the purchase of a done-for-you eCommerce store(s). We are excited to work with you to increase your financial success. THIS AGREEMENT (the “Agreement”) is made as of Mar

2, 2022 (the “Effective Date”) by and between Scaling Group LLC (the “Company”), a California Marketing Agency, who is located at 8200 Wilshire Blvd, Ste 407, Beverly Hills, CA, 90211 and Client listed below (the “Client”) (collectively the “Parties”). The Client and the Company agree as follows:

1. Services. The Company shall provide, but is not limited to, the following services:

·                     Build-out, deliver and maintain a fully automated done­for-you eCommerce store (the “eCommerce Store”) including configuring the Store's storefront and configuring the front and back end systems necessary to manage the Store;

·                     Review, research, source, select and list products for the Store (product research, market trends, product trends and advice on product sale ability, vendor research, vendor sourcing, terms finalization, product ordering and tracking);

·                     Product cataloging and listing (product content creation, eCommerce image designing, advance product listing, competitor analysis, product pricing recommendations, product category management, optimized product content)

 

• Customer account management and operations (vendor services, order management, buyer-seller communication management, inventory management, claims handling, account health management, seller support communication, returns handling, feedback improvement and negative feedback removal);

·                     Respond to all phone and email inquiries in support of the Store and shall exercise good faith efforts to resolve all inquiries, handle product returns, and manage billing matters; • Maintain oversight of the Store and its financial performance; however, Client shall have no obligation to, and does not intend to, provide financial advice to the Customer concerning the operation of the Store (Customer shall confer with its professional financial advisors concerning all financial inquiries);

·                     Business analysis (account analysis, sales trend insights, customer behavior insights, monthly sales reporting suggestions); and

·                     Monthly payment reconciliation (inventory management, refund return management, payments reconciliation across the various payment modes).

The company retains the right to provide an outside contractor (the “Partner”) at the Company's discretion without notifying the client as long as the services are being provided as stated above (the “Services”).

2. Client Requirements. Client agrees to the following terms for delivery and review of materials:

·                     Provide required intake information requested through email, within 3 business days for timely eCommerce store creation.

• Have a good standing credit limit throughout the term with the company. Minimum $25000 a month is recommended and required for the guarantee to be valid.

3. Compensation and Payment.

A.                                 Client will pay to the Company the selected one-time investment.

B.                                  Any amendments to payments will be discussed in writing and there is no guarantee of services until full payment has been made.

C.                                  Pending selected investment option, profit share will be divided between the Client, the

Company and the Company Partners based on the net profit made per store sold by the Company. The following are explanations of the different profit shares: 50/50 Profit Share means 50% of net profit made on each month form the store goes to the Client and the remaining 50% goes to Company and their Partners;

4. Term. This Agreement will become effective as of Mar 2, 2022 and/or once the client has paid all monies owed in full and will continue for the 12 Month guaranteed e-comm program period, and then will continue month to month thereafter unless otherwise agreed upon by the Company or Client in writing. The Company under its own discretion may start services before full investment/payment is received, but it is not guaranteed.

5. Additional Services. All services outside the scope of this Agreement that are requested by the Client and which the Company agrees to perform will be billed at a separate negotiated rate. Client will be notified and must

approve in writing (e-mail is sufficient) additional services before they will be performed, although the Company may not necessarily be able to inform Client in advance of the total cost of such additional services. Client will also be given opportunity to purchase additional services at package rates, when deemed appropriate by the Company.

6.                  Limitation of Liability. The Company shall not be liable for any incidental, consequential, indirect or special damages, or for any loss of profits or business interruptions caused or alleged to have been caused by the performance or nonperformance of the Services. Client agrees that, in the event the Company is determined to be liable for any such loss, Client's sole remedy against the Company is limited to a refund of payments made by Client for said Services, less expenses paid to subcontractors or to third parties. The Company is not responsible for errors which result from faulty or incomplete information supplied to the Company by Client. Client also agrees to not seek damages in excess of the contractually agreed upon limitations directly or indirectly through suits by or against other parties. The Company shall not be liable to Client for any costs, damages or delays due to causes beyond its control, expressly including without limitation, unknown site characteristics; changes in policies, changes in terms of services, or termination by social media sites including without limitation Social Platforms; and viruses.

7.                  Force Majeure. Except with respect to payment obligations under this Agreement, no party shall be liable for, nor shall such party be considered in breach of this Agreement due to, any failure to perform its obligations under this Agreement as a result of a cause beyond its control, including any act of God or a public enemy or terrorist, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake,

 

storm or other like event, disruption or outage of communications, power or other utility, labor problem, unavailability of supplies, or any other cause, whether similar or dissimilar to any of the foregoing, which could not have been prevented by such party with reasonable care (each, a "Force Majeure Event"). Within 24 hours of the occurrence of a Force Majeure Event, the affected party shall notify the other party of the occurrence by sending either (i) an e-mail message, or (ii) text message via the High Level CRM system, to the other party. In addition, the affected party shall provide to the other party within seven (7) days of determining the cause of the Force Majeure Event a written explanation concerning the circumstances that caused the Force Majeure Event. The time for performance required of the affected party shall be extended by the period of such delay provided the party is exercising diligent efforts to overcome the cause of such delay.

8. Handling of Disputes. The Parties agree that any dispute regarding this Agreement, and any claim made by Client for return of monies paid to the Company, shall be handled in accordance with applicable State and Federal laws. Specifically, if Client cancels credit card payments (or files a chargeback) after the three day cancelation period permitted by law and outlined in this Agreement, this Agreement is immediately terminated, and the Company reserves the right to dispute such cancelation and pursue Client for monies owed to the Company for services already performed but unpaid by Client due to such credit card cancelation. Client agrees that, regardless of whether Client is ultimately successful in any credit card cancelation dispute, it is liable to pay the Company for the work already performed as of the time of the cancelation request, at an hourly rate of $200 per hour for all hours spend on Client’s project. The Company will provide Client with an itemization of

 

hours spent within a reasonable time upon the request of the Client and payment will be expected in full within 30 days from the date such itemization is provided. If Client does not pay for such hourly work upon the Company’s demand and within 30 days, the Company reserves the right to initiate an action in court for breach of contract, regardless of the previous outcome of any credit card cancelation dispute. Additionally, if the Company is successful in any credit card cancelation dispute, the Company reserves the right to pursue Client for the costs the Company had incurred in disputing or defending such credit card cancelation, including but not limited to the lost business profits in the form of time the Company and its representatives spent handling such dispute, at the Company’s hourly rate of $200.

9.                  Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach hereof, on behalf of the Client shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10.         Guarantee. The Company guarantees initial

principal return on net (collectively stated as 100% return) based off the program of your choosing within the Commitment section at the end of this Agreement (during the initial 12 month term) only when Client has paid investment in full. Example of results obtained for other clients of the Company greater than 100% of promised return may occur and be used as a marketing tool and shown to Clients for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results above 100% guarantee. If the Company does not deliver on the 100% return we will buy back the store as an asset at full investment as long as the Client retains a minimum of

$25000 credit line monthly (during the initial 12 month term). All guarantees provided by the Company within this Agreement are conditioned on the Client signing within three (3) calendar days of the Agreement initially being sent via email or SMS.

11.              Entire Agreement. This Agreement is the final, complete and exclusive Agreement of the Parties. No modification of or amendment to this Agreement shall be effective unless in writing and signed by each of the Parties.

12.              Severability. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement; and, the remaining provisions of this Agreement shall remain in full force and effect.

13.              Headings. The headings used in this Agreement are for convenience only and shall not be used to limit or construe the contents of this Agreement.

14.              Interpretation and Enforcement. The parties understand and agree that the construction and interpretation of this Agreement is governed by the laws of the State of California. In the event that either party must initiate legal action to enforce this Agreement, the Parties agree that the proper venue for such action shall be the courts of the State of California.

15.              MUTUAL NONDISCLOSURE AGREEMENT

THIS MUTUAL NONDISCLOSURE AGREEMENT is made and entered into as of Mar 2, 2022, between the Client mutual interest and in connection with this opportunity, each party may disclose or have already disclosed to the other certain confidential technical and business information which the disclosing party desires the receiving party to treat as confidential. Both the Client and the Company can be a disclosing party or a receiving party of Confidential Information under this Agreement.

“Confidential Information” means any information disclosed previously or in the future by either party to the other party, either directly or indirectly, in writing, orally or by inspection of tangible objects (including without limitation documents, prototypes, samples, plans and equipment), which is designated as “Confidential,” “Proprietary” or some similar designation. Confidential Information may also include information disclosed to a disclosing party by third parties. Confidential Information shall not, however, include any information which (i) at the time of disclosure is, or thereafter becomes, through no act or failure to act on the receiving party’s part, published information generally known on a non-confidential basis in the parties’ industry;

(ii) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (iii) corresponds in substance to that developed by the receiving party and is already in the possession of the receiving party prior to the time of disclosure by the disclosing party as shown by the receiving party’s files and records; (iv) corresponds in substance to information that is obtained by the receiving party from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information, as shown by documents and other competent evidence in the receiving party’s possession; or (vi) is required by law, court order or other governmental order or

request to be disclosed by the receiving party, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure, and uses all reasonable efforts to limit the disclosure and maintain the confidentiality of the information to the extent possible.

Non-use and Non-disclosure. Each party agrees not to use any Confidential Information of the other party for any purpose except of evaluating a potential business opportunity. Each party agrees not to disclose any Confidential Information of the other party to third parties or to such party’s employees, except to those employees of the receiving party who are required to have the information in order to evaluate or engage in discussions concerning the contemplated use. Both parties agree not to reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the other party’s Confidential Information and which are provided to the party hereunder. Maintenance of Confidentiality. Each party agrees to take reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information of the other party. Without limiting the foregoing, each party agrees to take at least those measures that it takes to protect its own most highly confidential information and to ensure that its employees who have access to Confidential Information of the other party have signed a nonuse and non-disclosure agreement in content similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees. The parties agree not to make any copies of the Confidential Information of the other party unless the same are previously approved in writing by the other party. Each party agrees to reproduce the other party’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original.  No Obligation. Nothing herein shall obligate either party to proceed with any transaction between them, and each party reserves the right, in its sole discretion, to terminate the discussions contemplated by this Agreement concerning the business opportunity.

No Warranty. ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”. EACH PARTY MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING ITS ACCURACY, COMPLETENESS OR PERFORMANCE.

Return of Materials. All documents and other tangible objects containing or representing Confidential Information which have been disclosed by either party to the other party, and all copies thereof which are in the possession of the other party, shall be and remain the property of the disclosing party and shall be promptly returned to the disclosing party upon the disclosing party’s written request, except for a single copy thereof which may be retained by the receiving party’s legal counsel for the sole purpose of determining the scope of obligations incurred under this Agreement.

No License. Nothing in this Agreement is intended to grant any rights, express or implied, to either party under any patent, mask work right or copyright of the other party, nor shall this Agreement grant any party any rights in or to the Confidential Information of the other party or of any third party, except as expressly set forth herein.

Term. The provisions of this Agreement shall expire five (5) years from the date of execution.

Miscellaneous. This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall be governed by the laws of the State of California, without reference to conflict of laws principles. All actions arising there from shall be brought in the State of California. This document contains the entire agreement between the parties with respect to the subject matter hereof, and neither party shall have any obligation, express or implied by law, with respect to trade secret or proprietary information of the other party except as set forth herein. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision. This Agreement may not be amended, nor any obligation waived, except by a writing signed by both parties hereto.   

Done-For-You Shopify $25,000.00 eCommerce Store

·             Full Management

·             100% ROI Guarantee

Client Signature:

Client First Name:

Client Phone:

Client Date of Birth:

Client Email Address: [email protected] Client Billing Address:

For each investment ROI Guarantee starts when full investment is made to the Company not when agreement is signed.

Company: Scaling Group LLC

Title: CEO

Full Name: Alex Martino Signature:

 

Date:    Mar 2, 2022

I Zelled Alex the $1,000 from my personal account at his office, and we signed the contract. Here is the proof that I am honest, and Alex Martino is a liar, a thief, and a criminal.

 

                            

 

 

As we walked down to the parking lot together, we talked about e-commerce, and I mentioned I had an Amazon store that I’d been running since 2019. Very time-consuming when wearing all of the hats necessary to run one. I’ll enumerate again ... incorporating, accounting, ordering, writing product descriptions, customer service, returns, assigning purchased barcodes, winning the Buy Box, for sale items pulled, discounts and promos, PPC, permissions to sell restricted items, drop shipping, FBA, FBM, private label, resolving copyright issues, taxes, products stuck in port, the list goes on and on.

Alex had good news. If I added my Amazon store to his e-commerce management contract, he would discount it’s management by 25%, and revalue each store a $20,000 management fee, with a Shopify profit share of 50/50, and an Amazon profit share of 70/30 my way. I liked that, since I had learned in my research that this was a common business model for ecommerce management. Alex and I agreed to meet at the office on Wednesday, March 9, at 2:00 pm, and I’d bring money from my new business bank account. Unfortunately, the bank teller told me that I couldn’t access my funds until Tuesday, March 15. Before I knew that, though, I had Zelled a business partner money from that account; so when I saw Alex the next day, I brought $14,500 from my personal account.

                                        

March 9, 2022

This is our second meeting and last meeting, the day Alex agreed to hold the $25,000 Good Faith check, while I finished Zelling the Amazon Shopify bundle. I explained the locked funds and Zelle, and asked him if he would hold a $25,000 Good Faith check, in order to start on the stores right away, and I would Zelle the remaining $24,500 over the next few days. This time we had a verbal contract.

Martino agreed to hold the check and start on the stores. I had the Bundle fully funded by Monday, March 14. I checked my bank balance to confirm that the final $9,500 had Zelled successfully, and that’s when I discovered Martino had cashed the $25,000 Good Faith check.

I stared in horror at my bank balance. $25,000 was gone. This was my new bank account. It was so new, in fact, that B of A wouldn’t release my funds for another day, after their required 14-day hold to verify that the initial deposit was legitimate. It was March 14, 2022. I looked at the transactions. Alex Martino had cashed the Good Faith check he had promised to hold on Friday, March 11th.

I immediately called Alex on his cell several times, and as it went straight to voicemail, my intuition clearly understood that he was avoiding me. Well, this changed everything, didn’t it?

I kept calling him. He wasn’t going to take my call. It had been a week since we signed the Shopify contract, and he

still hadn’t emailed me the copy that we had signed on March 7th, that he had promised to send me the next day.

I felt sick. I realized that despite all of my due diligence and research on Alex Martino, including meeting him and discussing his E-commerce services, that he’d defrauded me. He had plundered $65,000 from me, and I didn’t even have a contract.

I was terrified. Alex had gotten our family’s entire working capital…

 

 

 

 

 

CHAPTER 2

GRAND THEFT AND LARCENY

I froze in shock. I looked at the transaction. Sure enough, there was BofA photo of the Good Faith check with Martino’s endorsement on the back. Well, wasn’t this the most staggeringly unforeseen curveball served up by my new business partner, who was so professional and friendly just 7 days earlier, had just stolen $25,000, and wasn’t taking my calls.

Bank of America honored it and paid it on Sunday, March 13, posting on Monday, March 14.

I texted Alex at 3:25 pm in a panic with the image of the Good Faith check cashed. He suddenly became a man of very few words and denied having my money. I was terrified. I was in a business relationship with Alexander Paul Martino, a man who had just stolen $25,000 from me, and was lying about it in the face of Bank of America and Mercury Bank Documentation. Alex denied the money was in his account.

We went back and forth a few times, and then I didn’t hear back from Alex until 4:00 pm, when he sent me screenshot evidence that he had deposited the Good Faith check, and then requested the deposit to fail, documented in the text from Mercury agent Nicholas W. to Alex.

The sequence of events transpired ...

T. Martino attempted to deposit the check on Thursday, March 10, but the deposit ceiling wasn’t high enough. Alex texted his Mercury Bank agent, Nick, who increased the deposit ceiling, as seen in their texts.

 

 

 

 

 

1.                  artino endorsed my check on Friday, March 11.

2.                  Evolve received it, also endorsed it March 11, and presented it to BofA.

6. BofA paid the check on Sunday, March 13, and it posted on March 14.

 

3.                  Under Martino’s direction, Nick created false

documentation showing the check failed to be deposited on March 14, at 11:54 am.

4.                  Nick then switched-out the picture of the Mercury endorsed check with the yet-to-be-endorsed check, from

 

Martino’s mobile deposit. It constituted Grand Larceny wherein a bank is involved, and Theft, embezzlement, or misapplication by bank officer or employee.

5. Martino denied having the money, claimed it wasn’t in his account, that he “didn’t have the money”. It constituted Grand Theft by False Pretense and Forgery, False

Statements, Concealment.

7. As a result of Martino’s continued denial of his Grand Theft, Concealment, and Collusion with a bank employee, I was forced to have BofA put a ‘Stolen Check’ skip-trace on it.

 

I’m sure you can appreciate how absolutely terrified I was at this point. Only 5 days ago, all was well. Martino and I had entered into a business relationship in

e-commerce that Martino assured me, showing me actual evidence with his

other client’s stores, that we would be profiting $100,000 per store by the 7 months.

Let’s take a look at my situation on March 14, 2022

·                     I’ve known Martino for seven days.  We signed a Shopify contract on March 7, that Martino has still not emailed to me.

·                     I don’t have a contract for my Amazon store.

·                     Today I have fully funded the Shopify/Amazon Bundle at a $40,000 price tag.

·                     I’ve discovered Martino has stolen $25,000 from me; and he denies it.

·                     Martino and bank rep Nick W. collude and forge documentation, that Martino sends to me directly, as proof that the $25,000 theft “failed at the request of the depositor”.

·                     I don’t have proper records documenting my investment, as I’m still waiting for Martino to send the Shopify contract, and the new Amazon contract.

·                     Without it, Martino could easily tell law enforcement that I hadn’t invested any money with him yet, thus converting my $40,000 into his possession.

·                     I don’t know if Martino realizes this, but I do. I’ve got to pretend to be a delighted and cooperative business partner/ investor, and that it’s business as usual, so that his e- management moves forward.

·                     I contact BofA and Mercury directly. BofA puts a skip-trace on the stolen check, because Martino

continues to lie about depositing it. In this screenshot of all emails between Mercury and myself, as of March 18, my application to be a Mercury account holder is accepted, and I can activate my account. On this same date I send evidence of the deposit and forgery to my BofA banker, and Mercury Bank. 72 hours later, my application is denied without explanation, clearly in response to the situation caused by Martino and Nick W.

 

I reported Mercury to the authorities, as instructed by:

FDIC Rules and Regulations and CFR, Title 31, Chapter X § 1020.320.     Suspicious activity must be reported to the FinCEN, a bureau of the U.S. Dept of the Treasury. A SAR (Suspicious Activity Report) should be transmitted to FinCEN involving any amount when the financial institution believes it is either an actual or potential victim of a committed or attempted transaction and the financial and the financial institution has identified a director, officer, employee, agent, or other institution-affiliated party as having committed or aided in the commission of the criminal act.

 

Grand Larceny wherein a bank is involved, Federal code 530 U.S. § 2113 (c)

The Federal Court imposes criminal liability on any person who knowingly “receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen, either from a bank, or is exported into a bank.

For ...

Theft, embezzlement, or misapplication by bank officer or employee, 18 U.S. Code § 656

Whoever, being an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank, member bank, national bank, insured bank, branch or agency of a foreign bank, or any agent or employee, embezzles, abstracts, purloins or willfully misapplies any of the moneys, funds or credits of such bank, branch, agency, or any moneys, funds entrusted to the custody or care of such bank, branch, or care of any such agent, officer, director, employee or receiver, shall be fined not more than $1,000,000 or imprisoned not more than 30 years. or both.

False Statements, Concealment, 18 U.S.C. § 1001 Whoever, in any matter within the jurisdiction of any institution receiving oversight by the DOJ knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title, or imprisoned not more than 5 years, or both.

Grand Theft, Cal. Penal Code §§ 487, 490.2

A person is guilty of grand theft if he: unlawfully takes someone else’s property, and. that property is valued at more than $950.00. A felony grand theft conviction is punishable by up to 3 years in prison and a fine of up $100,000.

 

 

 

 

CHAPTER 3

NO RESPONSE

This is the email I sent Martino and my account manager Stef on April 27, because I couldn’t get either one of them on phone. Neither Martino or Stef responded.

“Alex, please appreciate how this all looks to me. When I met you at your office on March 7, Alex, I immediately gave you $1000 towards the Shopify/Amazon bundle, and believed in your authenticity. I gave you that $25,000 check as a gesture of Good Faith, for you to proceed with our partnership. You agreed not to deposit it, and confirmed you wouldn’t, while I worked through the weekend to Zelle you the balance, which I completed on Monday, March 14.

“However, you presented my check to Mercury Bank on Friday, March 11. They presented it to BofA, who paid it on March 13, posting on March 14, the same day I Zelled you $15,000, after the $9,500. Your actions overdrew my bank account almost $10,000 at Wells Fargo, and I couldn’t replace it until BofA recovered my $25,000 from the skip-trace. It took 10 days! I lost my ‘customer in good standing’ with Wells Fargo. I called you, but couldn’t reach you, so I texted you, and you replied the money wasn’t in your account ... as if you hadn’t deposited it! You texted again, ‘It hadn’t been deposited.’ And then again, ‘We don’t have the money.’ You DENIED YOU DEPOSITED IT. WHY THE DISHONESTY?? I had the image of your endorsement! I was forced to file a fraudulent claim with BofA who put a skip trace on the check, because not only did you lie about stealing it, your bank agent Nicholas and you colluded together to reverse the deposit, and then tried to cover your tracks with that screenshot you sent to me that read the deposit ‘This transaction failed at the request of the sender.’

Alex. I couldn’t believe the scale of your dishonesty and collusion with your banker. The screenshots you sent incriminate you both. I’d venture that Mercury-Evolve would find their agent’s collusion with you grounds for his termination, and the end of your banking relationship. Remember when we talked the previous week about banks, and you told me that you used Mercury, an online financial platform? I was literally in the middle of applying to them to be a client when this all went down. Mercury denied my company its business.” I later learned that fittingly, Mercury closed Martino’s account on July 19, 2022, and confiscated all of Martino’s money.

I served Mercury Bank CEO Immad Akhund, a Demand Letter for restitution for Mercury responsibility for employee Nicholas W’s collusion with Martino. Here is Mercury’s response.

 

 

 

But Immad Akhund, since you’re the Chief Executive Officer of Mercury Technologies, you are also liable for your employee, Nicholas W’s crimes, committed with Alex Martino, which include:

 

Grand Theft by Forgery: Ca. Pen Code § 470

One knowingly changes or falsifies any legal document; or fakes, alters, or presents as genuine a false document pertaining to money, finances, or property.

 

Grand Larceny: DOJ CRM 18 U.S.C. § 1001

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry ...

 

Grand Larceny involving a bank: Federal code 530 U.S. § 2113 (c) The Federal Court imposes criminal liability on any person who knowingly “receives, possesses, conceals, stores, barters, sells, or disposes of, any property or money or other thing of value which has been taken or stolen, either from a bank, or is exported into a bank.

 

Part 353 of FDIC Rules and Regulations and CFR (U.S. Code of Federal Regulations): Title 31, Chapter X § 1020.320

Suspicious activity must be reported to the FinCEN, a bureau of the U.S. Dept of the Treasury. A SAR (Suspicious Activity Report) should be transmitted to FinCEN involving any amount when the financial institution believes it is either an actual or potential victim of a committed or attempted transaction and the financial and the financial institution has identified a director, officer, employee, agent, or other institution-affiliated party as having committed or aided in the commission of the criminal act.

 

                        ___________________________

 

Returning to Martino’s Felonies and Crimes:

 

CEO Misconduct. Malfeasance. Breach of Fiduciary Duty. Theft.  FTC Section 5, 15 U.S.C. § 45(a)(1)  (a) Unfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce, are hereby declared unlawful.  (1) The Commission is hereby empowered and directed to prevent persons, partnerships, or corporations, from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.  An act or practice is deceptive if it involves a representation, omission, or practice that is likely to mislead consumers acting reasonably under the circumstances, and the representation, omission, or practice is material.  The FTC Policy Statement on Deception states that the Commission analyzes deceptive business practices under the following rubric:

There must be a representation, omission or practice that is likely to mislead the consumer. This includes the “use of bait and switch techniques.”  The practice is examined from the perspective of a reasonable person in the circumstances. If the practice “is directed primarily to a particular group,” such as Internet users, “the Commission examines reasonableness from the perspective of that group.”

The representation, omission or practice must be a material one, i.e., it is likely to affect the consumer’s conduct or decision regarding the product or service.

 

California Bus. & Prof. Code § 6580 - Breach of Fiduciary Duty:  A fiduciary relationship existed, and the Fiduciary owed me, the Principal, a duty to not deceive me, denying that you cashed the Good Faith check that you agreed to hold.  The Fiduciary acted in a manner that contradicted, or breached, the duty.  The Principal suffered damages. The damages include:

My Wells Fargo account remained overdrawn by $10,000 for 9 days, until BofA recovered the stolen $25,000. This caused me to lose my Good Business Standing of eight years with the bank.

Martino recommended Mercury-Evolve Bank to me as the best global financial platform. I was in mid-application with them when I had to initiate the stolen check skip trace, and suddenly they denied my patronage without explanation.

The damages incurred were clearly a direct result of your breach of fiduciary duty.

 

 

CHAPTER 4

LOSING MY AMAZON STORE

 

 

 

 

Martino had my account manager Stef send me this email. Per the text in RED, I’m never supposed to contact Ama

 

 

 

 

  My Amazon store was in constant danger of deactivation, directly due to Martino violating Amazon’s selling policies with retail arbitrage ... of which I was not aware.

 

 

 

 

 

 

 

 

 

 

 

 

I was on the phone with Amazon constantly, mitigating the damage Martino was doing to my

store.

 

 

 

 

  s

 

 

 

 

 

 

In the mere 90 days that Martino ran my existing Amazon store, I had 76 customer complaints. The defect and return rate from Walmart retail arbitrage...forbidden...was staggering.

Customers were literally email Amazon pictures of their orders arriving from Walmart...I was furious!

 

 

 

 

                 This is how a customer received her order of 12 coffees.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I was so relieved when Amazon closed my store! I could finally take action against Martino. Unfortunately, the snake slithered away when I served him with a Demand Letter for reparation. Martino never did provide me with an Amazon contract.

 

CHAPTER 5

MY SHOPIFY STORE THAT NEVER WAS.

Martino never did open my Shopify store.

 

He never paid on this guarantee.

He made the store look busy, with 174 store sessions, and he charged me $250 per month for four months, for an app that never got used, in a store that never opened.

 

 

 

 

While my Shopify store was being built, the App that Scaling Group had built to market the stores had been held up. This video is Martino’s reason. Launch would be completed by Wednesday April 20 at the latest, but of course it never was.. https://www.loom.com/share/1146cd2374bf43399d4d0bf256  ad965c

 

I discovered my defunct Shopify store on July 11th, 4 days

after Martino got my Amazon store closed permanently. The

Contact Us link goes to a non-working page.

 

 

Chapter 6

FRAUDULENT MISREPRESENTATION

AND ADVERTISING

Pursuant to Section 17500, violation by false advertisement is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $2,500, or by both. It also prohibits unfair, deceptive, untrue or misleading advertising.

Martino’s representations about his e-commerce management services were absolutely false. He said both stores would begin a revenue stream after the first 30 days, in month 2. Month 1 was creating passwords, permissions, etc.; Both stores should have had revenue beginning April 14.

Martino knew that he was representing a false statement recklessly, without knowledge of its truth: Martino, by showing me misleading screenshots of other clients’ stores netting in the millions annually ... .was a fraudulent misrepresentation, with the intention of me relying on it.

I did.

And because I relied on the fraudulent misrepresentation, I chose Scaling Group as my E-commerce Management company.

I suffered harm as a result of the fraudulent misrepresentation. I relied on Martino’s representation that both the Shopify store and Amazon store would start to bring in revenue in month two. You never launched my Shopify store, and you caused my Amazon store to be shut permanently.

 

 

 

 

 

ONE AD STATES $5,000; ONE AD STATES $20,000, BUT THE CONTRACT STATES $25,000.

 

The following screenshots are from Martino’s ever-changing website, which matches the ever-increasing amounts Martino was charging ... not just for store management ... but for “consulting,” and “inner-circle” membership.

 

 

 

 

 

 

 

Martino really doubled down on increasing his income ... The logical end of a Ponzi Scheme.

 

 

 

 

 

 

 

  Martino is not even a member of the IEC, nor does he follow them on any social media; but he proudly displayed this on his website before pulling it down.

 

 

 

 

 

 

https://aw.scalinggroupllc.com/1-

zon?gc id=17139850200&h ad id=596258815367&gclid=E AIaIQobChMIxtaake7U9wIVjh6tBh0zQwEjEAMYASAAE  gLfPvD_BwE

 

 

 

 

 

 

 

 

 

 

 

Here is a perfect example of how Martino gets fake reviews. People in Pakistan may not have Amazon or Walmart seller accounts, so Abdul Moiz Shaikh definitely isn’t having Scaling Group manage either of those stores for him ...

 

 

YOU CAN’T HAVE AN AMAZON STORE IF YOU LIVE IN PAKISTAN.

 

... and Abdul Moiz Shaikh states “Left the company back in March 2022 due to my personal commitments.”

THE SCALING GROUP BUSINESS MODEL IS ‘DONE FOR YOU’, so leaving the company IS A RIDICULOUS STATEMENT. The second review by Dudi? Martino vacated his office and fled in August, 2022.

These ads ...

 

 

 

 

 

 

Versus this disclaimer. Crazy!

 

 

 

 

  Chapter 7

CONVERSION -

MARTINO TAKES ALL OF OUR MONEY

AND RUNS

 

Alexander Paul Martino uses a different domain website address now.

https://www.alexandermartino.com/collections/consulting It will take you to this new page ...

 

 

 

 

 

 

And then this pop-up will appear ...

 

 

 

 

 

 

 

  ... Giving you LOTS of opportunity to be financially fleeced, like his 2000 other clients.

 

 

 

Martino has several Facebook profiles and aliases. One that he is currently managing ScalingWithAlex.

 

 

 

 

 

On this Facebook profile, Alexander Martino, you can now click SHOP ON WEBSITE (but it might change tomorrow), and get redirected to AlexMartino.com ...

 

... the new website Martino is actively doing business from, and lose a bunch of money like the rest of us.

 

 

When you click on the social media links, Twitter goes to his page ...

 

His Facebook content is not available ...

 

 

 

 

 

 

 

 

  The IG link does here ...

 

 

What’s this? He did some actual business for a while.

 

 

 

 

  I recognize Martino’s office in the WeWork building at 8200 Wilshire, 90211. I quickly visited on December 26, 2022, to make sure the receptionist would sign for the Court

 

Summons, only to discover that Martino vacated the building in September.

 

I also discovered that Alex doesn’t even bother to change

inaccurate date ... like this crazy Facebook profile of his with reviews of Ms. Peggy Abbott’s acumen as a great

stockbroker.

 

 

CHAPTER 5

UNJUST ENRICHMENT

Alexander Paul Martino, you tout serving 2,000 clients. Look at you ... you go getter!  If 1,000 clients bought 1 store, that is $25,000,000 in your pocket. And IF the other 1,000 clients bought 2 stores, why that is $50,000,000!

That’s $75,000,000.00

Awesome, you’re slaying it! I hope you like boys, because you’re going to LLOVVE you in prison

Gosh, look at you, having so much fun spending our stolen money.

https://www.instagram.com/stories/highlights/1791224345 5729581/

 

 

 

 

 

You’ll never know,

you’ll be too busy being a girlfriend in prison.

 

 

                   Stay drunk, it’s going to get rrreeeeelll bad for you.

 

 

Keep believing in yourself ... that should get you through the prison years.

 

And, while you party with the investments of your clients, know that we suffer physically as well...

 

I’ll spare you the pictures of the sores on my scalp, back,

buttocks and legs.

 

 

 

 

 

 

In fact, he doesn’t care at all, does he?

 

 

 

 

 

This article was written by Nancy M, whom I am incredibly grateful to ...

LET ME EXPOSE WEBSITE:

Alexander Martino, The Scaling Group LLC & Fake Paid Articles

“Alexander Martino is an entrepreneur and Founder of The Scaling Group LLC” —Bio from Paid Articles

Alexander Martino’s fake articles state that he is the founder of the most successful eCommerce LLC. He started working at an early age and led his company to 8-figure revenues in less than a year. His paid feature articles and interviews also claim that he led his clients to become multimillionaires. Other than this, you will find him sharing tips on how to launch an eCommerce business in most of his articles. It is a customary practice among entrepreneurs and founders when they have little to share in the articles.

Alexander Martino understands the importance of Paid PR articles which are either done for Self-Branding or Verification. Many of the articles can be purchased from either Publication or from PR Freelancer for $100 – $500, for top-tier publications which are at the higher end. Also when you invest so much on Paid Fake Interviews then why not flaunt it on Social Media which he is doing well in his Instagram Highlights—

https://www.instagram.com/stories/highlights/181526032842 36480/

SOCIAL PRESENCE:

https://www.instagram.com/alexmartino/ https://www.facebook.com/alexanderpaulmartino/ https://twitter.com/alexpaulmartino https://www.linkedin.com/in/alexander-martino https://www.alexandermartino.com/ https://scalinggroupllc.com/

LET’S LOOK AT THE PAID ARTICLES PUBLICATIONS:

His Instagram bio claims “$250 Million In eCommerce/Agency Sales,” so it’s wise to invest in personal branding to gain some credibility. What could have been the best way other than getting featured in a few publications? At the same time, it can help to verify. The blue badge provides enough authenticity among your clients when you work in the digital world. Alexander Martino is also seen promoting mentorship in a few of the paid coverage so you can contact him if you want to learn eCommerce.

Alexander Martino’s expertise, skillsets, and achievements are real but not the below Interviews and Feature Articles which anyone can purchase if they have a budget to do so. For example, Influencive costs $99, IBTimes cost $300.

 

https://ideamensch.com/alexander-martino/ https://entrepreneurclout.com/how-ceo-founder-alexander­martino-led-the-scaling-group-llc-to-8-figures/ https://www.marketinginasia.com/alexander-martino/ https:// www.laweekly.com/to-help-the-la-homeless-ceo-alexander­martino-has-promised-100000-meals/ https://www.influencive.com/top-5-tips-for-successfully­starting-your-own-e-commerce-business/ https://www.ibtimes.sg/alex-martino-explains-why-investing-ecommerce-smarter-real-estate-if-youre-under-40-65102 https://inspirery.com/alexander-martino/ https://entrepreneurclout.com/how-ceo-founder-alexander­martino-led-the-scaling-group-llc-to-8-figures/

 

ALEXANDER MARTINO ON ENTREPRENEUR and FORBES MONACO:

When you claim to be successful then it’s better to invest in some tier publications. Entrepreneur.com is one of the top-tier publications which you can purchase for $1500 from Entrepreneur.com itself or from any PR Service provider on Fiverr.com or PeoplePerhour.com. All it takes is the right contact and budget to get anything published on

Entrepreneur. Alexander’s entrepreneur article is Fake, Self-Drafted and Paid. This is why the article author is just a random author with no existence. This is because Entrepreneur let you publish your article under their brand content program under your desired author name.

Entrepreneur Paid Fake Article: https://www.entrepreneur.com/article/419829

When you are not credible enough for Forbes USA [https://www.forbes.com/] then you can always go for Forbes Monaco [https://www.forbes.mc/] which offers to publish your content under “Brand Voice.” Basically, you have to

submit your own content (it doesn’t matter what the content is) and they publish it for $3000. This gives you the liberty to glamorize yourself as like you. Some PR Service providers also merge many clients into a single article and produce topics like “Top 10 Entrepreneurs to Follow This Year” which has zero credibility as they are just made up a list for paid publishing. Why not divide the cost of $3000 among 5 – 6 entrepreneurs to get listed in the article?

 

hhttps://forbes.mc/article/how-ceo-founder-alexander-martino­led-the-scaling-group-llc-to-8-figures https://forbes.mc/article/top-10-entrepreneurs-to-follow-this­year

 

 

 

These are fake reviews.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Note: I

 

19.                             Plaintiff asked Defendant to provide the Contract for the management of her Amazon store. Defendant said he would. Defendant never provided Plaintiff with an Amazon Contract..

20.                             Plaintiff Zelled Defendant $15,000 on Friday, March 11, which posted on Monday, March 14, and $9,500 on Monday March 14, which posted on Tuesday, March 15.

$20,000: Shopify store creation and management. $20,000: Management of existing Amazon store. TOTAL $40,000 INVESTMENT COMPLETE March 14, 2022

21.                             Unbeknownst to Plaintiff, Defendant attempted to deposit the good faith check into his Mercury bank account on Thursday, March 10, but the amount was above his deposit ceiling. Defendant texted his Mercury Bank agent, Nicholas W., and asked him to increase his deposit ceiling. Nicholas W. increased Defendant’s deposit ceiling, and Defendant successfully deposited the good faith check on Friday, March 11. Bank of America paid it on Sunday, March 13, and it posted on Monday, March 14.

22.                             When Plaintiff finished funding the $40,000 on Monday, March 14, she checked her Bank of America balance to confirm that her Zelled payments to Defendant had successfully gone through. This is when she discovered the missing $25,000, as shown in the paid check.

23.                             Plaintiff immediately called Defendant, but he would not answer. Plaintiff texted Defendant regarding his deposit of the good faith check. He replied to her text, and denied

having her money. He said he didn’t have the money and that it was not his account.

24.               Defendant then sent Plaintiff screenshots that Defendant and his Mercury Bank agent Nicholas W. fraudulently created to make it appear that Defendant had cancelled his deposit of Plaintiff’s good faith check.

25.               Mercury Bank Agent Nicholas W. followed up with a text to Defendant stating “Thanks for your patience, they were able to place a stop payment on the check. I hope this helps. Best. Nick W.”

26.               Bank of America records show that the check was paid two days earlier, on Sunday, March 13, posting on Monday, March 14, 2022.

27.               Because Defendant and Mercury Agent Nicholas W. forged documentation to make it appear that Defendant didn’t deposit the good faith check, Plaintiff was forced to put a ‘Stolen Check Skip Trace’ on it. Bank of America recovered and remitted the funds back into Plaintiff’s account ten days later. Defendant denied that he deposited Plaintiff’s good-faith check for 2 1/2 months.

28.               On Defendant’s advice, Plaintiff was in process of applying to be a Mercury Bank customer; however the ‘Stolen Check Skip Trace’ caused Mercury Bank to deny Plaintiff its patronage.

29.               Plaintiff sent a demand letter on November 15, 2022, to Mercury Bank CEO Immad Akhund, for restitution of Nicholas W.’s document forgery. The CEO responded on November 16, that the allegations were meritless.

30.               Plaintiff, being in a contract with Defendant for a profitable Shopify/Amazon bundle, attempted to move

forward in a business relationship with him. Unfortunately, any claims of success were illegitimate.

31.               Defendant operated Plaintiff’s Amazon store in violation of Amazon’s selling policies. Plaintiff received daily emails from Amazon that her Store was at “RISK OF DEACTIVATION”. Plaintiff called and emailed Defendant about this over three months. Defendant did not return her calls. Plaintiff received an email from her new account manager Stef Bissett on April 25th, 2022, enumerating the planned profits of Plaintiff’s Amazon store. The email also stated, “You never need to respond to calls or emails from Amazon. Just notify us in these two cases, ‘Risk of Termination’ and A-Z Claims, and we handle

EVERYTHING on your behalf”.

32.               Plaintiff continued to receive daily email from Amazon that her store was at “RISK OF DEACTIVATION”.

33.               Defendant continued to operate Plaintiff’s Amazon store in violation of Amazon’s policies.

34.               Defendant never provided Plaintiff with an Amazon Management contract.

35.               Defendant’s last communication with Plaintiff occurred on May 18, when he requested her bank information for a third time, stating he would keep his advertised promise of compensating a client $3,000 if he did not launch a client’s Shopify store in 21 days. Plaintiff provided her Bank of America information to Defendant for a third time.

36.               After the May 18 email from Defendant, Plaintiff was never able to contact Defendant again. Plaintiff emailed, called, and went to Defendant’s office in person, to no avail. Plaintiff had her account manager, Stef Bissett’s cell phone number, who also stopped answering her calls.

37.                             Because Defendant operated Plaintiff’s Amazon store in violation of their policies, Amazon revoked Plaintiff’s selling privileges, and permanently shut her store down on July 7, 2022.

38.                             On July 26, 2022, Plaintiff mailed and delivered by courier, a Demand Letter for $43,000. $15,000 compensation of her permanently closed Amazon store, $25,000 for her ‘never launched’ Shopify store, and $3,000 for Defendant’s promise to pay a client $3,000 if he didn’t launch a Shopify store in 21 days.

39.                             Plaintiff’s email-receipt records show that the Demand Letter was opened 10 times. It was never responded to.

40.                             Plaintiff’s email-receipt records show that Defendant deleted the Demand Letter without opening it.

41.                             Plaintiff is not sure of the date Defendant did this; in September she discovered that Defendant had deleted his website. The Scaling Group main phone number, 424-230- 3001 was also deactivated.

42.                             Defendant has not posted on any of his social media accounts since April 23rd, 2022. These include Facebook, Instagram, LinkedIn, Snapchat, Twitter, and Tic Tok.

FIRST CAUSE OF ACTION 

FRAUD IN THE INDUCEMENT

43.                             Plaintiff re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1 through 42, inclusive, as though fully set forth.

44.                             Fraud In The Inducement: California Law | Section 1572. Practice that will mislead the consumer & the representation or omission is material. Defendant committed actionable fraud in the inducement against Plaintiff by way of affirmative misrepresentation and the concealment of material facts, showing her false, fraudulent and misrepresentative evidence of his success., in his social media ads, as shown in EVIDENCE.

SECOND CAUSE OF ACTION

BREACH OF CONTRACT

45.                             Plaintiff re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1 through 44, inclusive, as though fully set forth.

46.                             Consumer Legal Remedies Act (CLRA) Civ. Code, § 1750 et seq. Backdating a legally binding document requires the consent of both parties, or it is fraud. It requires a three-day contract recission option in writing. Plaintiff and Defendant signed the Shopify Contract digitally on March 7. Defendant told Plaintiff she could read the contract on the computer if absolutely necessary, however he would email it to her the next day because he was in a hurry to leave. Plaintiff only had the opportunity to skim the contract; but then discovered eleven days later when Defendant finally emailed Plaintiff the contract, that he had backdated it to March 2nd, removing the three-day recission option as required by law. This breaks Paragraphs 3, 4, and 10 of the Shopify Contract, and nulls it; because both Paragraphs specify Contract initiation dates, that the Defendant changed without Plaintiff’s knowledge, violating Civ. Code 1750 et seq.

Shopify Contract Paragraph 3.

3. Client Requirements. Client agrees to the following terms for delivery and review of materials: Provide required intake information requested through email, within 3 business days for timely eCommerce store creation.  Have a good standing credit limit throughout the term with the company. Minimum $25000 a month is recommended and required for the guarantee to be valid.

Shopify Contract Paragraph 10.

10. Guarantee. The Company guarantees initial principal return on net (collectively stated as 100% return) based off the program of your choosing within the Commitment section at the end of this Agreement (during the initial 12 month term) only when Client has paid investment in full. Example of results obtained for other clients of the Company greater than 100% of promised return may occur and be used as a marketing tool and shown to Clients for demonstrative purposes only and should not be construed by Client as indicating any promised results or level of results above 100% guarantee. If the Company does not deliver on the 100% return we will buy back the store as an asset at full investment as long as the Client retains a minimum of $25000 credit line monthly (during the initial 12 month term). All guarantees provided by the Company within this Agreement are conditioned on the Client signing within three (3) calendar days of the Agreement initially being sent via email or SMS.

47. Shopify Contract Paragraph 4.

4. Term. This Agreement will become effective as of Mar 2, 2022 and/or once the client has paid all monies owed in full and will continue for the 12 Month guaranteed e-comm program period, and then will continue month to month thereafter unless otherwise agreed upon by the Company or Client in writing. The Company under its own discretion may start services before full investment/payment is received, but it is not guaranteed.

 

 

48.              The Bus. & Prof. Code §§ 16600 to 17606: Prohibits fraudulent business acts, breach of fiduciary duty, fraud and tortious interference with contracts. Defendant affirmatively misrepresented that he would fulfill the Contracted Services for Plaintiff’s Shopify store, at the cost to Plaintiff of $25,000. Defendant did not fulfill any part of the Shopify Contract he made with Plaintiff.

49.              Defendant never provided Plaintiff with a Contract to operate her Amazon store, enumerating the $15,000 fee to manage it.

50.              Defendant knowingly and unlawfully operated Plaintiff’s Amazon store without regard to her contractual obligations to Amazon as an Amazon Seller.

51.              As a direct result of Defendant’s operating Plaintiff’s store in violation of Amazon policies, Amazon shut Plaintiff’s store down permanently on July 7, 2022.

52.              All future Amazon income for Plaintiff is gone in perpetuity. his includes: Amazon Affiliate, Amazon Handmade, Display Ads, Merch by Amazon, Sponsored Products, Consignment, Appstore, APIs, Delivery Business, AWS Marketplace, Twitch, Alexa Skills, Amazon Merch, Kindle Book Publishing, Audio Book Publishing; and all income programs that Amazon will offer in the future.

THIRD CAUSE OF ACTION 

GRAND THEFT & LARCENY

53.              Plaintiff re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1 through 52, inclusive, as though fully set forth.

54.              Cal. Penal Code §§ 487, 490.2 Grand Theft, over $25,000. As Plaintiff and Defendant had agreed on March 9, 2022, Plaintiff zelled Defendant $15,000 on Friday March

11, and $9,500 on Monday, March 14, completing her $40,000 payment for the Shopify/Amazon ecommerce management bundle, unaware that Defendant had already cashed her good faith check on Friday, March 11.

55.              18 U.S. Code § 656 - Theft, embezzlement,

misapplication by bank employee, and 18 U.S.C. § 1001 - Knowingly and willfully falsifies or conceals or a material fact. Defendant and Mercury Bank agent Nicholas W. falsified documentation to make it appear that Defendant had not cashed Plaintiff’s check. Bank of America had already honored it two days earlier.

56.              Defendant sent the fraudulent documentation that he and Mercury Bank employee Nicholas W. fraudulently created, to Plaintiff to convince her that Defendant hadn’t cashed the good faith check.

57.              Federal code 530 U.S. § Grand Larceny, wherein a bank is involved. Defendant and Mercury Bank employee Nicholas W. colluded in the theft of the $25,000 good faith check by creating the fraudulent documentation that the deposit failed; and switching out the mobile deposit photo of the rear-of-check, successfully cashed, stamped by Mercury Bank on March 11 , with the yet-to-be stamped rear-of-check from Defendant’s mobile deposit.

FOURTH CAUSE OF ACTION 

FRAUDULENT MISREPRESENTATION AND FALSE

ADVERTISING

58.              Plaintiff re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1 through 57, inclusive, as though fully set forth.

59.              Section 5 of the FTC Act, 15 U.S.C. § 45(a)(1). Prevents persons, partnerships, or corporations, from using unfair or  deceptive acts or practices in or affecting commerce.  Defendant knowingly operated Plaintiff’s Amazon store in violation of Amazon’s policies, breaching his fiduciary duty to Plaintiff’s contractual obligation to Amazon as a seller, causing Amazon to permanently close her store on July 7, 2022.

60.                             Plaintiff’s permanently closed account includes her other Amazon income streams. These income streams include Amazon Affiliate, Amazon Handmade, Display Ads, Merch by Amazon, Sponsored Products, Consignment, Appstore, APIs, Delivery Business, AWS Marketplace, Twitch, Alexa Skills, Kindle Book Publishing, Audio Book Publishing, whilst Amazon continues to grow its offerings of income streams, which shall never be accessible to Plaintiff. No Amazon income streams will be realized in perpetuity by Plaintiff, who opened her Amazon store and began a business relationship with the company in 2019.

61.                             Defendant represented that Plaintiff’s Shopify store would launch in thirty days or less, as his advertising states. In the four months of their business relationship, Defendant never launched Plaintiff’s Shopify store, and thus never managed it.

62.                             The “Rules of the Road” for Advertising on the Internet,” prohibit unfair or deceptive advertising in any medium,” and that advertisements must be truthful, substantiated and not deceptive or misleading; in that advertisers/marketers must have evidence to back up their claims or representations, whatever they may be; which prohibits “unfair or deceptive acts or practices in or affecting commerce.” Defendant’s advertising contains many unfounded promises. Of those that directly affect Plaintiff, 100% were un-delivered by Defendant.

63.                             Defendant provided Plaintiff with sales projections by way of account manager Stef Bissett, who sent an email detailing Plaintiff’s AMAZON store profits, that Defendant was still operating without a contract, for which Plaintiff continuously demanded. The email clearly states Sales of $100K+ in month 7, and continuing onward, as stated, provided in my account manager Stef’s email to Plaintiff  on April

25th.  The very conservative numbers Plaintiff has used are the lowest sales projections offered by the Defendant.

 

With a 50/50 profit split between Plaintiff and Defendant, after the first year, 2022, splitting the $87,700 profit, for $43,850 to Plaintiff and of Defendant respectively, the annual profit of $240,000, split 505/50 to Plaintiff and Defendant, brings them each $120,000 per year. The 5-year Contract relationship, as stated in the Shopify contract, is assumed for the Amazon contract that Defendant never produced. Using this 5-Year Contract term, Defendant has denied Plaintiff her 523,850 profit, that she paid Defendant the fee of $20,000 to produce in the operation of her Amazon store, and which is stated in the April 25, 2022 email from Defendant’s employee and Plaintiff’s account manager to Plaintiff. To the contrary, Amazon has closed Plaintiff’s store and account down permanently, for policy violations committed by Defendant.

Defendant made materially false and misleading statements to Plaintiff regarding her Shopify store, never launched it, yet charged her $250 per month for four months, for a selling app he claimed to have created to sell the store’s products. That was a $1,000 charge to Plaintiff by Defendant for the never-launched store.

64.              Plaintiff reasonably and actually relied on Defendant’s misrepresentation and concealments, paying him $25,000 for the creation, launch and management of her Shopify store. The ‘Term of Contract’ is 5 years;

65.              and $20,000 for the management of her Amazon store, now permanently shut down by Amazon, as a direct result of Defendant operating it in violation of Amazon’s policies.

66.              As a direct and proximate result of such unlawful conduct, Plaintiff has suffered, and continues to suffer from Defendant’s actions.

67.              Plaintiff is entitled to damages, and should be awarded exemplary and punitive damages in an appropriate amount.

68.              Defendant owed a fiduciary duty to Plaintiff, including duties of loyalty, due care, good faith, and fair dealing in connection with his actions under their contract.

 

69.                             By the misconduct listed herein, Defendant took unfair advantage of Plaintiff, and did not act in, nor consider her best interests.

70.                             As a direct and proximate result of Defendant’s constructive fraud, Plaintiff has suffered and will continue to suffer damages if restitution does not occur.

71.                             Defendant’s acts were malicious, fraudulent, oppressive, and undertaken intentionally and in conscious disregard to Plaintiff’s rights.

72.                             Plaintiff is entitled to damages in an appropriate amount to punish Defendant, and to deter his similar fraudulent conduct in the future.

                             FIFTH CAUSE OF ACTION

                                 CONVERSION

73.                             Plaintiff re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1 through 72, inclusive, as though fully set forth.

74.                             Defendant cashed Plaintiff’s good faith check, converting her $25,000 into his possession, and lied to Plaintiff that he did.

75.                             Defendant and Mercury Treasury Bank employee Nicholas W. fraudulently created evidence to show that stopped the deposit of the $25,000 good faith check, which had already been cashed to Defendant’s Mercury Bank account.

76.                             Defendant operated Plaintiff’s Amazon store into its demise, ruining her Amazon asset.

77.                             Defendant had a fiduciary duty to operate Plaintiff’s Amazon store following Amazon’s policies. He did not have the right to violate Amazon policies in the operation of

Plaintiff’s store, causing its closure, ceasing all future Amazon income streams to Plaintiff in perpetuity.

SIXTH CAUSE OF ACTION

UNJUST ENRICHMENT

78.                             Plaintiff re-alleges and incorporates herein by reference the allegations contained in Paragraphs 1 through 77, inclusive, as though fully set forth.

79.                             As a result of Defendant’s misconduct as set forth regarding Plaintiff’s guaranteed Shopify store that he never launched, he stole Plaintiff’s $25,000.

80.                             Defendant operated Plaintiff’s Amazon store into its demise in just four months, and didn’t restitute Plaintiff’s $20,000; he just closed his business down and disappeared.

81.                             Defendant, ceasing all communication and abandoning Plaintiff since July 5th, has misappropriated Plaintiff’s entire investment and stated future earnings.

82.                             Defendant advertised on social media that if a Shopify store Defendant built was not launched in three weeks that Defendant would pay that client $3000. Defendant never launched Plaintiff’s Shopify store, and promised in writing to pay Plaintiff the guaranteed $3000. He did not.

83.                             By defendant’s wrongful acts and omissions, Defendant has been unjustly enriched at the expense of, and to the detriment of Plaintiff.

84.                             Defendant was unjustly enriched at the expense of the Plaintiff. It would be against equity to permit Defendant to retain the payments that he received from Plaintiff, nor compensate her for Sales Projections provided. This is because it is illegal, deceptive, unfair, and fraudulent to commit criminal activity in business.

 

85. As a direct result and proximate cause of Defendant’s conduct, Plaintiff has been damaged, is entitled to restitution, and is seeking an order from this Court disgorging all monies paid to Defendant, with punitive damages included as a result of his illegal, deceptive, unfair, and fraudulent business practices.

 

 

 

  CHAPTER 10

 

 

ALEX MARTINO’S LIFE OF CRIME

 

Alexander Paul Martino is a serial Scammer and Criminal.  Here they all are, with the path to the evidence; for you to enjoy, curse, or ‘due your diligence’.

 

 

 

 

 

 

I looked at each Corp, and saw that Robert Torres has held many positions.  I’d love to be a fly on the wall at those Ponzi meetings!

 

 

 

Martino gave yet another interview to AdAngles.com, and of course lied, stating that he started this company in 2017. 

Nevada disagrees.

 

 

 

Alex and his band of Ponzi’s have really created quite the career for themselves.

 

 

 

 

I was looking at Martino’s Scaling Group page, and noticed SAFER ECOMMERCE LLC is responsible for this page. None of the contact details on this page work anymore. I live 1 mile away from 8200 Wilshire, and as I mentioned earlier, Martino jammed from that building in September.

 

I looked up SAFER COMMERCE LLC. Martino’s on a roll. He has incorporated a new company in Wyoming.

 

 

I looked up the address, here is 5830 E 2nd St., Casper, Wyoming. It looks like Martino found a closed business address to use.

 

 

 

 

 

I clicked on this teeny ad at the bottom: Here’s the link:

And it took me here:

 

The only way to actually get to the website is through

https://www.saferecommerce.com/.

This time he’s pushing Walmart e-commerce. I called

the phone number ... no answer.

 

 

 

 

 

 

 

The Facebook link shows a completely different address and phone number. Martino’s victims will recognize the graphs. Even the name is in the same colors as Scaling Group.

 

This Illinois address Martino has listed is actually the United States Post Office.

 

 

I called phone number 833-487-1851. Busy signal for 3

seconds, then the line goes dead. I clicked on “Shop on

Website.” Nothing.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This is exact same bull as Martino’s

Scaling Group website.

 

The apple doesn’t fall far from the tree.

 

 

 

 

 

Then , out of the blue, I got a call from  Mike Matuz, founder of FMA,  Fully Managed Agencies.  Mike explained that he trained Alex Martino, taught him everything he knew. 

Mike said he felt  very deeply for Martino’s victims, even responsible in a way, since he was the one who  taught Martino all about ecommerce management.    Mike was angry that Martino had scammed so many victims, so he was starting a fund to restitute them.  I was so moved, I wept.

 

And then, almost in the same breath, Mike tried to recruit me.  I would pay FMA $15,000 for an ecommerce portfolio, and I could turn around and sell it for a lot more, and make a killing on the profit.

 

When I looked at his website,  I saw the exact same pictures that had been on Martino’s now-defunct websites, which are mirrored directly from the FMA website.   

                                                                              Recognize this image?

 

 

Martino’s Corporation addresses have been Mike’s FMA address more than once.                        

 

Recognize this disclaimer of Martino’s?  Mike gave it to him.

 

 

 

What is the moral of this story? 

 

All of the People in this story who aren’t victims, are the Scammers sleeping together.  They’re not giving up their Scamming gigs for a second.  They’ve  turned Scamming into an artform, and are able to pillage and plunder people for millions with those Scams.

 

 

 

 

I used to think that people were exaggerating when they

went on and on about the world being full of evil.

  Now I'm a believer.

        

 

   Sad

AVAILABLE ON AMAZON....  E-COMMERCE PONZI PIRATE. Alex Martino CEO, Scaling Group and Safer Commerce.com: His Walmart, Amazon, Shopify Scams...Plundering Millions...From Thousands. Kindle Edition

by INA KAMOTION (Author)  Format: Kindle Edition  See all formats and editions

Kindle  $0.00 Read with Kindle Unlimited to also enjoy access to over 4 million more titles

$9.99 to buy  E-COMMERCE PONZI PIRATE SERIES  ALEXANDER PAUL MARTINO  FELON and CEO

E-COMMERCE PONZI PIRATE. PLUNDERING MILLIONS ... FROM THOUSANDS.

Details my business relationship with Alex Martino, his crimes against his clients; grand theft and larceny, fraud in the inducement, breach of contract, false advertising, client abandonment, conversion, unjust enrichment.

BONUS: My Criminal Charges and Complaint filed with the Superior Court.

 

PULLED FROM THE PONZI SCHEME BOOK

 

 

-COMMERCE PONZI PIRATE SERIES

Book 1:

E-COMMERCE PONZI PIRATE.

ALEX MARTINO CEO, THE SCALING GROUP and SAFERECOMMERCE.COM. HIS WALMART, AMAZON, SHOPIFY SCAMS ... PLUNDERING MILLIONS ... FROM THOUSANDS.

Details the business relationship I had with Alex Martino, from meeting him, to fraud in the inducement, CEO Misconduct, breach of contract, fraudulent misrepresentation and false advertising, grand theft and larceny, client abandonment and evasion of repayment, conversion and unjust enrichment; and having to learn California Law in order to sue Alex, as the attorneys I consulted said it would cost $65,000 to recover $65,000.

Book 2:

E-COMMERCE PONZI PIRATE.

ALEX MARTINO ... ON TRIAL, IN BIG TROUBLE, AND UNDER THE SPOTLIGHT.

Will first be published on Kindle in real-time episodes as the trial approaches, and progresses to its conclusion. I will then publish that body of work into Book 2.

Book 3:

E-COMMERCE PONZI PIRATE.

FROM ALEX MARTINO’S PREY TO PREDATOR ...A DISH SERVED VERY COLD.

Alex’s tore our family asunder. We watched helplessly as he plundered our entire fortune, and then disappeared. I considered exercising life insurance to restore my children financially. The pain of regret, guilt, and shame was at times unbearable. My health deteriorated quite noticeably. Oddly, this calamity evolved me from victim to force of relentless determination for my family’s reparation. A reflective discussion about our human nature as social creatures, and how scammers manipulate the human trait of trust.