Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 1 of 30
`
`THOMAS P. SMITH, JR.
`CO-ACTING REGIONAL DIRECTOR
`Hane L. Kim
`Shannon Keyes*
`SECURITIES AND EXCHANGE COMMISSION
`New York Regional Office
`100 Pearl Street, Suite 20-100
`New York, New York 10004-2616
`(212) 336-1088 (Kim)
`kimha@sec.gov
`Attorneys for Plaintiff
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`SECURITIES AND EXCHANGE
`COMMISSION,
`
` Plaintiff,
`
` -against-
`
`FRANCISLEY VALDEVINO DA SILVA,
`RAMON ANTONIO PEREZ ARIAS, JUAN
`ANTONIO TACURI FAJARDO, AND JOSE
`RAMIRO CORONADO REYES,
`
` Defendants.
`
`
`
`
`
`
`COMPLAINT
`
`
`22 Civ. 10534 ( )
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`
`
`
`
`
`JURY TRIAL DEMANDED
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`
`
`
`
`
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`Plaintiff Securities and Exchange Commission (“Commission”), for its Complaint against
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`Defendants Francisley Valdevino Da Silva (“Da Silva”), Ramon Antonio Perez Arias (“Perez”),
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`Juan Antonio Tacuri Fajardo (“Tacuri”), and Jose Ramiro Coronado Reyes (“Coronado”)
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`(collectively, “Defendants”), alleges as follows:
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`

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`Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 2 of 30
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`SUMMARY
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`1.
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`This is an international pyramid scheme case involving a fake crypto asset trading
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`and mining company. In approximately mid-2017, Brazilian national Da Silva, a self-
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`proclaimed “boss of the pyramid scammers,” concocted a pyramid scheme, Forcount Trader
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`Systems, Inc. (“Forcount”), with the assistance of three U.S.-based sellers, or “promoters” of the
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`scheme, Tacuri, Perez and Coronado.
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`2.
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`During various time periods within approximately July 2017 to at least November
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`2020, Defendants (1) raised funds from retail investors in Spanish-speaking communities in the
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`United States, and several other countries, through the unregistered offer and sale of securities
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`styled as membership interests in Forcount; and (2) knowingly or recklessly engaged in a scheme
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`to defraud numerous investors—bilking the investors out of over $8.4 million—by enticing them
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`with the promise of guaranteed, astronomical daily returns from investments in securities.
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`3.
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`Defendants sold sham “memberships” in Forcount as investments. Defendants
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`claimed that a membership in Forcount would give investors interests in returns generated from
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`various crypto assets through Forcount’s fake crypto asset trading and mining operations,
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`accessible on Forcount’s website. Defendants claimed that investors would profit from two
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`income streams: (1) sharing proceeds from Forcount’s own crypto asset trading “calibrated
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`robots” and a crypto asset “intelligent mining system” from which investors would receive
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`guaranteed profits, and (2) Forcount’s referral program, which gave investors the right to earn
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`compensation for recruiting new investors into the scheme, such that an investor acted as a
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`promoter and had layers of other promoters and investors below them (the “downline”).
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`4.
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`The Forcount memberships were investment contracts and therefore securities,
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`because investors made an investment of money in a common enterprise with a reasonable
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`2
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`Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 3 of 30
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`expectation of profits from the efforts of Defendants or third parties. Defendants offered and
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`sold these securities without registering their offers or sales with the Commission or qualifying
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`for an exemption from registration.
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`5.
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`Forcount was also a classic pyramid scheme. Forcount did not sell any real
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`product or service to retail customers. Despite Defendants promises of returns based on
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`Forcount’s trading and mining, as well as the referral program, Forcount had no real source of
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`revenue other than funds received from investors. Defendants had no basis for the promised
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`returns, and funds received from later investors were used to make Ponzi-type payments to
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`earlier investors.
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`6.
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`Da Silva devised and controlled the vast majority of Forcount’s operations,
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`including the invention of Forcount’s supposed business, the creation of a sham website that
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`purported to reflect a crypto asset trading platform and investor accounts, the compensation plan
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`for promoters and investors, the website infrastructure, and the distribution of payments to
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`investors.
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`7.
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`Defendants took part in promoting Forcount to investors, including by planning
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`and participating in promotions in which they knowingly or recklessly made materially false and
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`misleading claims to investors concerning Forcount’s operations, Forcount’s success, and the
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`success of investors in Forcount memberships. For those investors, their success was
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`substantially dependent on the efforts of Defendants to market Forcount and recruit investors.
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`8.
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`Defendants accelerated Forcount’s inevitable collapse by misappropriating
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`investor funds for personal use—including to purchase homes, dozens of cars, and luxury
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`goods—and paying for lavish events and other methods of attracting additional investors. By
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`3
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`late 2019, Forcount had been regularly restricting investor redemptions, and by late 2020,
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`Forcount collapsed.
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`9.
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`Defendants defrauded hundreds of investors from at least 19 U.S. states and other
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`countries. From July 2017 through November 2020, investors sent more than $8.4 million to
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`Forcount, mainly through cash transfers. Defendants then misappropriated, collectively, at least
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`$3.4 million in investor funds for their personal use. By the time Forcount collapsed, investors
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`were left with nothing.
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`VIOLATIONS
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`10.
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`By virtue of the foregoing conduct and as alleged further herein, Defendants
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`violated Sections 5(a), 5(c), 17(a) of the Securities Act of 1933 (Securities Act”) [15 U.S.C. §§
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`77e(a), 77e(c), 77q(a)] and Section 10(b) of the Securities Exchange Act of 1934 (“Exchange
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`Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 thereunder [17 C.F.R. § 240.10b-5].
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`11.
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`Unless Defendants are restrained and enjoined, they will engage in the acts,
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`practices, transactions, and courses of business set forth in this Complaint or in acts, practices,
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`transactions, and courses of business of similar type and object.
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`NATURE OF THE PROCEEDINGS AND RELIEF SOUGHT
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`12.
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`The Commission brings this action pursuant to the authority conferred upon it by
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`Section 20(b) of the Securities Act [15 U.S.C. § 77t(b)] and Section 21(d) of the Exchange Act
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`[15 U.S.C. § 78u(d)].
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`13.
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`The Commission seeks a final judgment: (a) permanently enjoining Defendants
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`from violating the federal securities laws and rules this Complaint alleges they have violated;
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`(b) permanently enjoining Defendants from directly or indirectly, including, but not limited to,
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`through any entity owned or controlled by Defendants, offering, operating, or participating in
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`4
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`any marketing or sales program in which a participant is compensated or promised compensation
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`solely or primarily for inducing another person to become a participant in the program, or if such
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`induced person induces another to become a participant in the program; (c) permanently
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`enjoining Defendants from participating, directly or indirectly, in any offering of any crypto
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`asset security, provided, however, that such injunction shall not prevent them from purchasing or
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`selling crypto asset securities for their own personal accounts; (d) ordering Defendants to
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`disgorge their ill-gotten gains and to pay prejudgment interest thereon pursuant to Sections
`21(d)(3), (5) and (7) of the Exchange Act [15 U.S.C. §§ 78u(d)(3), (5) and (7)]; (e) ordering the
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`Defendants to pay civil money penalties pursuant to Section 20(d) of the Securities Act [15
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`U.S.C § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)];
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`(f) permanently prohibiting the Defendants from serving as officers or directors of any company
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`that has a class of securities registered under Section 12 of the Exchange Act [15 U.S.C. § 78l] or
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`that is required to file reports under Section 15(d) of the Exchange Act [15 U.S.C. § 78o(d)],
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`pursuant to Section 20(e) of the Securities Act [15 U.S.C. § 77t(e)] and Section 21(d)(2) of the
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`Exchange Act [15 U.S.C. § 78u(d)(2)]; and (g) ordering any other and further relief the Court
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`may deem just and proper.
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`JURISDICTION AND VENUE
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`14.
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`This Court has jurisdiction over this action pursuant to Sections 20(b) and 20(d)
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`of the Securities Act [15 U.S.C. §§ 77t(b), 77t(d)] and Section 21(d) of the Exchange Act [15
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`U.S.C. § 78u(d)].
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`15.
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`Defendants, directly and indirectly, made use of the means or instrumentalities of
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`interstate commerce or of the mails in connection with the transactions, acts, practices, and
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`courses of business alleged herein.
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`5
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`16.
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`Venue lies in this District under Section 22(a) of the Securities Act [15 U.S.C.
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`§ 78v(a)] and Section 27 of the Exchange Act [15 U.S.C. § 78aa]. Certain of the acts, practices,
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`transactions, and courses of business alleged in this Complaint occurred within the Southern
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`District of New York. Through Forcount, Defendants communicated with and received funds
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`from investors located in this District.
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`DEFENDANTS
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`17.
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`Da Silva, age 37, is Brazilian national and resides primarily in Brazil. Da Silva
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`was Forcount’s Chief Executive Officer (“CEO”). He developed the idea for and, at all relevant
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`times, controlled Forcount, and received investor funds directly from investors and through
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`Forcount.
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`18.
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`Perez, age 40, is a resident of Orlando, Florida. Perez was a Forcount promoter
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`from approximately October 2017 through late 2020, and received investor funds directly from
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`Forcount investors and through Forcount.
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`19.
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`Tacuri, age 44, is a resident of Kissimmee, Florida. Tacuri was a Forcount
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`promoter from approximately October 2017 through November 2020, and received investor
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`funds directly from Forcount investors and through Forcount.
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`20.
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`Coronado, age 34, is a resident of Orlando, Florida. Coronado was a Forcount
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`promoter from approximately October 2017 through January 2019, and received investor funds
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`directly from Forcount investors and through Forcount.
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`FORCOUNT
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`21.
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`Forcount is a Panamanian corporation, incorporated on or about February 19,
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`2018. Forcount had no securities registered with the Commission. Forcount purports to have
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`existed since approximately 2015, but public records indicate Forcount’s website did not exist
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`6
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`Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 7 of 30
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`until July 2017. Forcount claims to have been an international multi-level marketing (“MLM”)
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`organization and to have operated a crypto asset trading platform and crypto asset mining
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`services. In or about late 2017, Da Silva caused Forcount to issue its own token, MindExCoin
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`(“MIC”). In 2019, Forcount was at least partially rebranded as Weltsys, a MIC-based supposed
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`MLM enterprise, which claimed to be a Hong Kong-based company but did not appear to be
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`organized in any jurisdiction or have any formal legal existence.1 Da Silva created, controlled,
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`and managed the day-to-day operations of Forcount.
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`FACTS
`
`A.
`22.
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`DA SILVA CREATES FORCOUNT’S MEMBERSHIP OFFERING.
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`In or about mid-2017, Da Silva created Forcount, following at least one other
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`failed crypto asset-based supposed MLM enterprise. Da Silva developed the idea for Forcount,
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`created and controlled Forcount’s website and its compensation plan, solicited promotors,
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`developed and participated in promotions, and directed his associates on Forcount’s operations.
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`23.
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`Defendants offered and sold memberships in Forcount. Investors would pay cash
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`(or occasionally crypto assets) to Forcount, which had a website that purported to host a crypto
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`asset trading platform and mining services, to acquire a membership in Forcount. Da Silva or
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`those he controlled would create an account for the investor on Forcount’s website, which would
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`reflect that the account “held” certain crypto assets.
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`24.
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`Initially, Forcount memberships involved purported interests in one or more
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`known crypto assets, with supposed returns paid in kind. In or about January 2019, Da Silva
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`announced that all Forcount memberships were converting from all other crypto assets to
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`
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`1 “Forcount” is used in this complaint for Forcount Trader Systems, Inc. as well as the partially
`re-branded entity “Weltsys.”
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`7
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`Forcount’s proprietary crypto asset token, MIC.
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`25.
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`Da Silva devised a structure in which investors would supposedly profit from two
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`streams of income: sharing proceeds from Forcount’s purported efforts to trade and mine crypto
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`assets, and receiving commissions and bonuses for selling additional memberships. Forcount’s
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`website displayed fictitious returns based on the specified amounts and types of crypto assets that
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`investors appeared to hold in their Forcount accounts.
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`26.
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`Investors in Forcount memberships could not withdraw their principal (the
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`amount of the initial investment). Instead, the memberships only gave investors an interest in the
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`supposed returns on the principal, and no access to the principal amount invested.
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`27. Moreover, investors had no right to the crypto assets allegedly in their account.
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`Thus, investors had no ability to sell, trade, or transfer these supposed crypto assets anywhere
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`outside of the Forcount website.
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`28.
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`Earlier in the scheme, investors could ask to “withdraw” the returns they had
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`supposedly received and would receive either cash or some type of crypto asset; as Forcount
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`headed towards collapse, investors’ withdrawal requests were no longer honored.
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`29.
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`Da Silva, as the mastermind of Forcount, knew from the outset that the crypto
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`assets that were supposedly in investors’ Forcount accounts were fictitious and therefore had no
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`value. Perez, Tacuri, and Coronado each learned of the same as they began to promote Forcount,
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`but knowingly or recklessly continued to promote it.
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`30.
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`Da Silva created Forcount’s marketing materials, including a “Business Plan,”
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`which was an approximately 30-page PowerPoint document that evolved over the course of the
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`scheme, but consistently contained descriptions of Forcount’s “operations,” as well as (a) the
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`“returns” investors would receive from investing in Forcount memberships and (b) the
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`8
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`commissions and bonuses investors would receive for recruiting others to invest in memberships.
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`Forcount promoters, including Perez, Tacuri, and Coronado, disseminated the Business Plan to
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`investors and potential investors.
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`Forcount’s Alleged Trading and Mining
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`1.
`According to its Business Plan, Forcount claimed to be an expert in crypto asset
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`31.
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`trading. Forcount asserted that its crypto asset trading was “automated” and described it as a
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`“key business line” and as its “oldest most profitable activity.” Forcount claimed that
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`investments through Forcount would result in returns from “daily trade through our calibrated
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`robots to generate daily earns!” Forcount further touted its alleged trading platform, promising
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`“access to the latest products in the cryptocurrency market.”
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`32.
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`Forcount also claimed investors would receive returns from Forcount’s use of
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`“intelligent mining system” with “10,000 machines” that “automatically mine” such crypto
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`assets.
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`33.
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`Forcount claimed to be a “100% decentralized system–All operations are
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`performed through cryptocurrencies and their blockchains.”
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`34.
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`Da Silva was initially responsible for Forcount’s claims about its operations, and
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`Defendants parroted these claims to investors and potential investors.
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`35.
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`According to its “Business Plan,” Forcount promised “a positive result in a
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`constant way, guaranteeing our users an increase in their investments.” Forcount specifically
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`promised returns of 0.5% up to 3% per business day, or up to 780% annual return, with larger
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`returns promised to those who invested greater amounts. For example, according to an investor
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`from the Bronx, New York, who attended approximately six Forcount events starting in the fall
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`of 2018 (“Investor A”), Tacuri told attendees that their investments would earn a return of at
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`least 1.5% per day.
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`36. When promoting Forcount memberships, promoters, including Perez, Tacuri, and
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`Coronado, told investors that they could expect their investment to double in six to eight months.
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`37.
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`In or around October 2019, Forcount capped supposed annual returns at 200%.
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`Compensation from Forcount’s Referral Program
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`2.
`Da Silva established a referral program so that investors would be rewarded for
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`38.
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`bringing in additional investors and forming a downline of investors. Through the referral
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`program, investors earned compensation by recruiting others to invest in Forcount memberships.
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`39.
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`The referral program compensation consisted of commissions and a complicated
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`points-based bonus plan. Investors who promoted Forcount memberships received commission
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`and “points” for successfully recruiting new investors to Forcount and when their downline
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`investors recruited new investors.
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`40.
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`Investors received, at a minimum, a 5% commission on the initial investment
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`amount for anyone they persuaded to invest in Forcount. Coronado and Tacuri showed the
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`Business Plan to investors during promotional events, which reflected a commission structure of
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`1% to 20% for recruiting additional investors. Coronado specifically told one investor to expect
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`commissions as high as 20%.
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`41.
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`Investors could also receive points, which, like commissions, were given based on
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`the size of an investor’s downline. The points were calculated on a monthly basis, and investors
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`reached certain levels based on the points earned each month. Defendants also told investors
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`that, depending on the level, investors could receive bonuses ranging from $400 to $100,000 per
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`month, or even a new car.
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`42.
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`Da Silva exercised complete control over compensation for the referral program.
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`It changed frequently at Da Silva’s direction—with varying levels, bonuses, and prizes. On
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`multiple occasions, Da Silva blocked promoters from earning additional points or took away
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`Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 11 of 30
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`points, and switched the crypto assets that points were purportedly earning. Da Silva also
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`regularly changed the payment structure, making it unpredictable.
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`43.
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`Defendants aggressively pushed investors to participate in the referral program
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`and to solicit family and friends to invest. Defendants promised investors that they would earn
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`more from the referral program than they did from their membership “returns.” Defendants also
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`presented or distributed the Business Plan, which promised investors greater returns the higher
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`up an investor was in a recruitment chain based on commissions and bonuses.
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`44.
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`For example, Tacuri told investors that the referral program was a “fast start,”
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`which provided investors with an opportunity to double the rate of return. Perez pushed Investor
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`A to recruit investors for Forcount memberships, offering the investor crypto assets then valued
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`at $1100. Da Silva regularly announced referrals that could earn investors even more points and
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`therefore higher bonuses, or prizes like international trips and luxury cars.
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`45.
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`Defendants’ appeals to investors were effective, and many, in turn, convinced
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`family and friends to invest in Forcount memberships. Investor A, for example, said that he was
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`convinced to invest after hearing claims about Forcount’s success, and that after his investment
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`was successful, he convinced four family members to invest as well.
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`46.
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`Investors who participated in the referral program generally received more in
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`fictitious returns from commission and points than they earned from their alleged returns from
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`Forcount’s operations.
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`B.
`47.
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`DA SILVA INVITES OTHER DEFENDANTS TO FORCOUNT.
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`Da Silva sought out experienced promoters to solicit investors, such as Perez,
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`Tacuri, and Coronado, who had a track record of recruiting investors for similar apparent
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`schemes.
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`48.
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`Around or about August 2017, Da Silva reached out to Coronado, who had
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`previously invested in a different Da Silva-operated supposed MLM enterprise, and asked him to
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`meet to discuss promoting Forcount. Coronado was not able to meet Da Silva at the time, but
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`Coronado asked Perez, who also had promoted similar schemes, to meet with Da Silva instead.
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`49.
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`After the meeting, Perez and Coronado decided to promote Forcount together as
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`partners. Until Coronado ceased promoting Forcount in 2019, Perez and Coronado operated as
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`equal partners, they shared an account on Forcount’s website and split the commissions and
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`points they received from downline investors equally.
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`50.
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`Shortly thereafter, Da Silva and Perez invited experienced promoters to
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`participate in the scheme. Around October 2017, Da Silva and Perez travelled to Las Vegas,
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`Nevada, to recruit additional, experienced promoters for Forcount at an MLM networking event,
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`and successfully recruited other promoters, including Tacuri.
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`C.
`51.
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`DEFENDANTS OFFERED AND SOLD FORCOUNT MEMBERSHIPS.
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`Da Silva offered and sold Forcount memberships from approximately July 2017.
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`Perez, Tacuri, and Coronado began to offer and sell the memberships from late 2017. When
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`Coronado left Forcount in early 2019, Da Silva, Tacuri, and Perez, continued to offer and sell
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`memberships through at least November 2020.
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`52.
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`At Da Silva’s direction, Perez, Tacuri, and Coronado solicited potential Forcount
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`investors. Perez, Tacuri, and Coronado targeted Spanish-speaking communities, first primarily
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`in the Bronx, New York, and Florida, and later throughout the United States.
`
`53.
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`Defendants made false statements when soliciting investors, primarily through
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`video appeals and/or in-person or virtual events. They also widely publicized Forcount’s
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`website, and anyone who accessed the site could invest in a Forcount membership. Defendants
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`also broadly disseminated Forcount’s Business Plan to any interested investors as a way to
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`promote Forcount, either directly or through other promoters.
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`Video Solicitation
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`1.
`Da Silva directed the creation of highly stylized, professionally produced,
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`54.
`
`promotional videos for Forcount. Da Silva dictated the content and directed these videos to be
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`posted on Forcount’s website and social media sites like YouTube. Tacuri and Coronado re-
`
`posted these videos on social media. Defendants primarily used these videos to recruit investors
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`and encourage additional investment, and the videos often created the false appearance that
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`Forcount was a profitable, sophisticated entity.
`
`55.
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`Some videos would showcase Forcount’s in-person events. Others would flaunt
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`Da Silva’s extravagant lifestyle—purportedly funded by his success in Forcount investments—
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`showing him and his associates at fine dining establishments or celebrating at upscale venues.
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`56.
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`The videos created the false image that Forcount was a real, operating company.
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`To create such image, Da Silva, who appeared relatively young, hired an older, more mature
`
`looking actor who lived in Spain, Individual 1. In videos that Da Silva produced and distributed,
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`Individual 1 portrayed a supposed high-level Forcount executive, “Salvador Molina.” However,
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`in reality Individual 1 had no control over Forcount, and no relevant crypto asset expertise.
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`Despite this, by mid-2018, Individual 1 regularly appeared in videos, discussing Forcount’s
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`success and promoting the company, repeating words from scripts that Da Silva provided. The
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`videos did not disclose that Individual 1 was actually an actor hired to play the fictitious
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`“Salvador Molina,” and Da Silva did not disclose this fact to potential investors.
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`57.
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`As early as January 2019, Da Silva falsely called “Salvador Molina” Forcount’s
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`CEO.
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`58.
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`In another video posted on YouTube on or about October 11, 2018, Tacuri
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`promoted investing in Forcount and encouraged participation in the referral program, promising
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`a “fast start,” with a chance to double the rate of return.
`
`59.
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`Da Silva also falsely presented the offices of a different company as Forcount’s,
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`even though Forcount had no offices of its own. Specifically, one Forcount promoter, who
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`travelled to Brazil on or about August 2019, told Coronado that he saw Forcount’s supposed
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`offices. He reported to Coronado that the offices were “dressed up” to look like Forcount’s
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`office but were “fake.” (Translation, original in Spanish.)
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`60.
`
`Da Silva created the content on Forcount’s website for the other Defendants, as
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`well as other promoters, to use in recruiting new investors. Defendants widely disseminated the
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`content, and encouraged others to share, to promote, and to recruit for Forcount.
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`In-Person or Virtual Events
`
`2.
`Defendants regularly held or participated in in-person and virtual events to solicit
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`61.
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`investors in Forcount memberships, using investors’ funds to pay for these events.
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`62.
`
`Defendants planned presentations at Forcount events at hotel conference rooms
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`throughout the United States throughout 2018 and at least early 2019. These events included
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`ones held in East Elmhurst, New York; New York, New York; Oxon Hill, Maryland; and
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`Woburn, Massachusetts. Da Silva also held international events.
`
`63.
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`The hotel events were open to the public and heavily promoted on social media.
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`Defendants did not restrict who could attend events or who could invest at or following the
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`events.
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`64.
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`To attract potential investors to attend, Forcount would hold raffles and give away
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`prizes, and cash. For example, in late 2018, Tacuri gave a cash prize of $150 to Investor A for
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`Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 15 of 30
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`repeating Tacuri’s “rules” for investing in Forcount; “create a free account, invest, invite friends,
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`double up, and repeat the process.”
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`65.
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`Throughout 2018, Perez also frequently solicited downline investors one-on-one,
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`or in small groups throughout the United States, including in Miami, Atlanta, New York, and
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`Orlando as well as in in Cancun, Mexico on or about August 15, 2018.
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`66.
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`Beginning in or about March 2018 and continuing for several months, Coronado
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`hosted virtual meetings generally five days per week to solicit investors in Forcount. Coronado
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`broadly promoted these virtual meetings on social media, and they were open to the general
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`public. These virtual meetings frequently had hundreds of attendees.
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`67.
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`At these in-person or virtual meetings, Defendants touted Forcount memberships,
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`repeated false claims about Forcount’s profitability and operations, encouraged participation in
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`Forcount’s referral program as a means of recruiting new investors, boasted about their own
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`supposed success from investing and promoting Forcount, and presented false testimonials from
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`downline promoters.
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`68.
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`In or about July 2018, Tacuri spoke at a Forcount event at a hotel in East
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`Elmhurst, New York, with approximately 40 people in attendance, and Tacuri told investors at
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`this event that they could double their money by investing in Forcount memberships, and that
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`Forcount would trade on investors’ behalf.
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`69.
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`At various events held in 2018, Tacuri, Perez, and Coronado each showed off
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`borrowed, leased, or rented cars that they falsely claimed to have purchased with investment
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`proceeds generated from their memberships, including from the referral program.
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`70.
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`Da Silva directed Perez, Tacuri, and Coronado to claim that they were more
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`successful than they actually were. For example, during 2018, Perez, Tacuri, and Coronado
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`Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 16 of 30
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`referred to themselves as the “Black Diamond” level promoters. According to Forcount’s
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`Business Plan, to be at the “Black Diamond” level would have meant they brought in
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`approximately $100,000 in investor funds per month for three consecutive months and would
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`receive an additional $10,000 bonus each month. Perez, Tacuri, and Coronado never brought in
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`this much, per month, in investor funds.
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`71.
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`By early 2019, Perez and Tacuri were claiming to be even more successful. They
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`advertised two events held on February 25, 2019, at the East Elmhurst hotel and on February 27,
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`2019, at the hotel in Woburn, Massachusetts over a messaging service:
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`Attention
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`The moment has arrived, two years in the industry and we keep making history.
`You can’t miss this event with the EXECUTIVE DIAMONDS Ramon Perez and
`Juan Tacuri with special guest [REDACTED] DIAMOND
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`…they will teach how to duplicate your capital and benefit from your money.
`Don’t let banks take advantage of your capital.
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`We’ll be expecting you, make the difference this year, be different and dare
`yourself…lose your fear, we’re going for the MILLION.”
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`(Translation, original in Spanish.) According to Forcount’s Business Plan, to be at the
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`“Executive Diamond” level would have meant that Perez and Tacuri brought in $150,000 in
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`investor funds per month for three consecutive months and would receive an additional $15,000
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`(by October 2019 it was $20,000) bonus each month. Perez and Tacuri had never brought in this
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`much, per month, in investor funds.
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`72.
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`Defendants similarly claimed downline promoters were far more successful than
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`they actually were, in order to create the appearance of success, and invited these promoters to
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`provide testimonials that Defendants knew were false.
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`Case 1:22-cv-10534 Document 1 Filed 12/14/22 Page 17 of 30
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`73.
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`For example, in or around mid-2018, Coronado and Perez asked one downline
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`promoter (“Promoter 1”) to provide a testimonial at an in-person event, and directed her to state
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`she was making upwards of $20,000 per month. From then on, Promoter 1 gave testimonials
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`approximately every other month, and Coronado and Perez regularly introduced her as making
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`over $20,000 per month. Coronado and Perez knew these statements about Promoter 1 were
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`false.
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`74.
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`Also, in late 2018, Coronado took a video of Promoter 1’s home, and showed this
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`video at promotional events, claiming that Promoter 1 had been able to purchase it with her
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`Forcount compensation. Coronado knew that Promoter 1 did not own the property and was
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`renting the house and that these statements were false.
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`75.
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`As with the videos, Da Silva deceived investors at in-person and virtual events.
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`For example, at a promotional event in Cancun, Mexico, in or around October 2019, Da Silva
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`sold raffle tickets for a car. When Da Silva was unable to sell enough raffle tickets, he decided
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`to draw a fictitious number so that he could keep the proceeds.
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`76.
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`Da Silva also used Individual 1 to create, like Da Silva had with the videos, the
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`false impression that Forcount was a successful company. For example, in January 2019, Da
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`Silva filmed a video for Individual 1, in which he directed Individual 1 to lead a virtual meeting
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`for investors and potential investors as Forcount’s CEO “Salvador Molina,” and gave Individual
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`1 instructions on what to say:
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`I want it to go something more or less like this. He’s going to talk about a
`lot of things, okay? And then I’ll tell you more or less what he’s going to
`talk about and you’ll improve the text, okay? . . . Just as if it were live.
`“Happy to be here with you today. I would like to tell you that this year
`you will be seeing more of me. I will be closer to