Complaint Review: GoDaddy Operating Company LLC - Scottsdale Arizona

In Re.:  Criminal Complaint of Knowing and Willful Co-Conspiracy by GoDaddy Operating Company LLC and Domains By Proxy LLC to Defraud the United States Government and All Worldwide Customers of Advanced Tactical Ordnance Systems LLC (ATO) (the impersonator of the Defunct Pepperball Technologies Incorporated)

To Wit:  Company Policies Constitute Federal Criminal Felony Offenses in the Continuing Domain Registration, Website Hosting, and Concealment of the Registrar of the Fraud Website www.pepperball.com

Criminal Offenses: 18 U.S.C. § 2. Principals, 18 U.S.C. § 3. Accessory after the fact,18 U.S.C. § 4. Misprision of felony, 18 U.S.C. § 371. Conspiracy to commit offense or to defraud United States, 18 U.S.C. § 1343. Fraud by wire, radio, or television, 18 U.S.C. § 1956. Laundering of monetary instruments

August 11, 2014

Dear United States Government Officials:

We are writing to complain that the services rendered and the company policies of Go Daddy Operating Company LLC and Domains By Proxy LLC constitute criminal offenses as they pertain to their customer Advanced Tactical Ordnance Systems LLC (ATO).  Those companies do not enjoy immunity in any fashion, and their policies represent a threat to the public welfare and security of all victims of website dependent criminal schemes.

BACKGROUND OF COSTA RICA, USA, AND GLOBAL FRAUD

The company PepperBall Technologies, Inc. (PTI) began operations in 1999 and ceased operating on January 9, 2012.  We were their reseller in the Republic of Costa Rica beginning in mid-2009.  Last year a public tender was issued by the Costa Rica Ministerio de Justicia y Paz for $ 600,000 in non-lethal weapons for the prison guards at La Reforma prison.  It turned out to be a disaster due to a fraudulent bid submitted by a Costa Rica business.  In a lengthy public comment period we learned that one of our USA suppliers in the bid had decided to support the Costa Rica fraudulent bidders.  In the end the bid was won by the fraud. A Costa Rica business known as Industrial Fire and Rescue Equipment, S.A. (IFR) then sold 162,000 counterfeit PTI projectiles supplied by ATO to the Ministerio de Justicia y Paz of Costa Rica.

This experience caused us to do extensive research into the USA suppliers in preparation for a fraud lawsuit.  During that research we learned the following:

(a) Fraudulently renewed PTI’s GSA Advantage contract.

(b) Maintained the Yellow Pages phone book listing.

(c) Formed a new legal entity “Advanced Tactical Ordnance Systems LLC” to receive sales proceeds under the Assumed Name “Pepperball Technologies” in Indiana.

(d) Made false USPTO trademark applications and renewal applications.

(e) Renewed and revised the website www.pepperball.com.

(f) Continued to use the credit card access device of PTI for sales transactions.

(g) Registered the closed PTI in the US government SAM System.

(h) Made numerous entries in the Dun and Bradstreet system to create false affiliations of ATO with the closed PTI (this continues to be done now in response to our reports).

(i) Registered ATO in the SAM System to create the deception of competition in government bidding.

(j) For around 6 months kept the old PTI office open on Nancy Ridge Drive in San Diego until a new tenant moved in.

(k) Personally impostered as PTI employees to sell and conduct training to law enforcement.

(l) Personally impostered PTI employees to make sales and training at the Republican National Convention in Tampa, Florida in 2012.

(m) Personally impostered PTI employees at a booth at the 2014 SHOT Show.

(n) Personally impostered PTI employees to travel and make sales efforts in Egypt, Panama, and Peru.

The items are ordered, the order is paid for and shipped, and no one knows that (1) the “no bid sole source” PTI sale is being filled by an entirely different legal entity, (2) con-artist impersonators are posing as current employees of the closed PTI, (3) The products are counterfeit, (4) The prices are highly inflated, and (5) The products are available from other suppliers.  The perfect con has succeeded for over 2 ½ years.  The US Federal Bureau of Prisons is the largest victim in terms of sales according to sales data from the website www.USASpending.gov.

PRIOR COMPLAINTS AND ONGOING INVESTIGATIONS

We have filed numerous Whistleblower Reports and Criminal Complaints regarding the ongoing criminal conspiracy and counterfeiting operation of ATO in Fort Wayne, Indiana.  Our website at http://imgasa.com/PepperBall_Fraud_Alert.html has complete documentation based on public records.

A number of investigations of ATO at the federal level are in progress.  For example, the FBI and the US Attorney General in Indianapolis, Indiana; the Inspector General’s Office of the General Services Administration; and the US Department of Justice (as a criminal investigation referral from the Inspector General’s Office of the US Department of Commerce (IGDOC)).  The IGDOC complaints are related to fraud upon the US Patent and Trademark Office and / or illegal exports of controlled “pepper spray powder”.

KNOWLEDGE OF THE CRIMINAL CONSPIRACY TO DEFRAUD THE UNITED STATES

INTERNET FRAUD AND CRIMINAL AND CIVIL LIABILITY

This is a textbook example of internet fraud.  A fraud that is only possible with the “deliberate indifference” and company policies and services of Go Daddy Operating Company LLC and Domains By Proxy LLC.  Who can imagine a business operating in the present day without a website? 

Our research into laws and regulations of the internet found many references to the web being unregulated or self-regulating.  We disagree.  The criminal statutes relating to conspiracy and the civil Qui Tam laws apply in this case to Go Daddy Operating Company LLC and Domains By Proxy LLC.  They deserve prosecution for knowingly protecting the ongoing fraud of ATO.  On Go Daddy’s website they are very proud of how big their operation is (see graphic below).  Are they above the law?  How many more frauds are they protecting?

COSTA RICA AND INTERNATIONAL NEED FOR A USA ARREST AND SEIZURE

The fraud is in many countries other than the United States.  We have found resellers claiming to sell PTI products in Argentina, South Africa, Australia, Peru, Chile, and Panama.

Starting with Costa Rica the fraud and counterfeiting must be exposed.  Thus far one question has been common in Costa Rica when we discuss the fraud:  If the fraud has been reported, why are they still in business in the USA?

Our answer has been to point out that the legal process in the USA can be slow.  We point out that the Ponzi scheme of Bernie Madoff continued for 3 ½ years after the first reports to the Securities and Exchange Commission, and that the PTI fraud may involve as many as 35 people in 6 states.  But another reason is the website that deceives the world that PTI is an ongoing business since 1999.

Therefore, we respectfully request the following:

This will set an example to aid criminal prosecution in Costa Rica of IFR, and hopefully every country in which ATO has a reseller of their counterfeit PTI products.