http://dockets.justia.com/docket/court-gan...case_id-163217/
United States of America v. $5,282,495.03 seized from Fidelity Bank Account X-0691 et al
Plaintiff: United States of America
Defendant: $5,282,495.03 seized from Fidelity Bank Account X-0691 and $1,100,957.44 seized from Fidelity Bank Account X-0878
Claimants: Mansef, Inc. and Premium Services, LLC
Case Number: 1:2009cv03371
Filed: December 1, 2009
Court: Georgia Northern District Court
Office: Atlanta Office [ Court Info ]
County: Fulton
Presiding Judge: Carnes
Nature of Suit: Other Statutes – Other
Cause: 18:1960 Prohibition of unlicensed money transmitting businesses
Jurisdiction: U.S. Government Plaintiff
Jury Demanded By: None
Full Version: US Gov Seizes $6 Million from Brazzer’s Mansef
http://www.sponsornetworks.com/?p=1827
Brazzers Parent Fighting $6.4 Million Forfeiture Suit
TLANTA — The parent company of Brazzers has filed a motion to dismiss the forfeiture of $6.4 million the U.S. government is seeking after authorities traced numerous transactions involving the Canadian adult company and third-party credit card processors, including those in Israel.
Brazzers, which is owned by Mansef Inc., set up an Atlanta company last year called Premium Services Inc. to facilitate payments from Mansef’s third-party credit card processors into the accounts and to allow the company to remit funds out of two checking accounts to its U.S. vendors, the company said in court papers filed last week.
But federal authorities claim that Premium Services was not registered with the U.S. Department of Treasury nor with the Georgia Department of Banking and Finance as a money-transmitting business.
The government noted that Premium Services has no known office building nor employees and operates at a mail drop called The Mail Room.
Federal authorities say in the complaint that Premium Services for three months last year received $9.4 million in wire transfers from various sources and that much of the funds originated overseas in countries considered by law enforcement to be at high risk for money-laundering activity, such as Israel.
In exhibits provided by the government, some of those Israel-based processors transacting business with Premium Services included Paygea Ltd., CAL-International, Mizrahi Tefahot Bank Ltd. and Israel Discount Bank Ltd., whose subsidiary Israel Credit Cards-Cal Ltd. was levied a $13.5 million fine in November by VISA Europe over chargebacks.
U.S. authorities claim that $6.4 million in the two accounts is forfeitable under 18 U.S.C. § 981 (a)(1)(A) as property involved in or traceable to a transaction in violation of 18 U.S.C. § 1960, which prohibit’s unlicensed money-transmitting buinesses.
The U.S. Attorneys Office, which is trying the case, was unavailable for comment on Monday due to the President’s Day holiday. But authorities typically rely on the Bank Secrecy Act reports and record-keeping requirements to provide a paper trail, for investigations of financial crimes and illegal activities, including tax evasion, embezzlement and money laundering,
Susan Ross, a Los Angeles litigator who represents Mansef, did not immediately return XBIZ calls on Monday for inquiry.
But in court papers, Mansef and Premium Services claim that the two bank account were at the behest of Mansef.
“Premium is not a money-transmitting business as defined in federal or Georgia state law and so it is not required to be licensed or registered as such,” a motion filed last week said. “There are no allegations, in this or any other forum, that the adult entertainment provided by Mansef is anything other than lawful and legitimate.
“The government bases its entire complaint on the unsupported leap that Premium Services, because it has bank accounts into which it received deposits and from which it made disbursements, is an unlicensed money-transmitting business.”
Brazzers Parent Fighting $6.4 Million Forfeiture Suit
TLANTA — The parent company of Brazzers has filed a motion to dismiss the forfeiture of $6.4 million the U.S. government is seeking after authorities traced numerous transactions involving the Canadian adult company and third-party credit card processors, including those in Israel.
Brazzers, which is owned by Mansef Inc., set up an Atlanta company last year called Premium Services Inc. to facilitate payments from Mansef’s third-party credit card processors into the accounts and to allow the company to remit funds out of two checking accounts to its U.S. vendors, the company said in court papers filed last week.
But federal authorities claim that Premium Services was not registered with the U.S. Department of Treasury nor with the Georgia Department of Banking and Finance as a money-transmitting business.
The government noted that Premium Services has no known office building nor employees and operates at a mail drop called The Mail Room.
Federal authorities say in the complaint that Premium Services for three months last year received $9.4 million in wire transfers from various sources and that much of the funds originated overseas in countries considered by law enforcement to be at high risk for money-laundering activity, such as Israel.
In exhibits provided by the government, some of those Israel-based processors transacting business with Premium Services included Paygea Ltd., CAL-International, Mizrahi Tefahot Bank Ltd. and Israel Discount Bank Ltd., whose subsidiary Israel Credit Cards-Cal Ltd. was levied a $13.5 million fine in November by VISA Europe over chargebacks.
U.S. authorities claim that $6.4 million in the two accounts is forfeitable under 18 U.S.C. § 981 (a)(1)(A) as property involved in or traceable to a transaction in violation of 18 U.S.C. § 1960, which prohibit’s unlicensed money-transmitting buinesses.
The U.S. Attorneys Office, which is trying the case, was unavailable for comment on Monday due to the President’s Day holiday. But authorities typically rely on the Bank Secrecy Act reports and record-keeping requirements to provide a paper trail, for investigations of financial crimes and illegal activities, including tax evasion, embezzlement and money laundering,
Susan Ross, a Los Angeles litigator who represents Mansef, did not immediately return XBIZ calls on Monday for inquiry.
But in court papers, Mansef and Premium Services claim that the two bank account were at the behest of Mansef.
“Premium is not a money-transmitting business as defined in federal or Georgia state law and so it is not required to be licensed or registered as such,” a motion filed last week said. “There are no allegations, in this or any other forum, that the adult entertainment provided by Mansef is anything other than lawful and legitimate.
“The government bases its entire complaint on the unsupported leap that Premium Services, because it has bank accounts into which it received deposits and from which it made disbursements, is an unlicensed money-transmitting business.”
karma
Top Bucks/Pink Visual just slapped them with a 6.75mil lawsuit today too
http://www.xbiz.com/news/117538
http://www.xbiz.com/news/117538
Let's hope things continue on in this vain for Brazzers.
Take no prisoners!
Take no prisoners!
I'm with Rhonda, KARMA! I hope they get nothing back and I hope Pink Visuals lawsuit holds!
They've had those tube sites going a long time and have been using and steeling content from all of us for years. FUCK'EM!
They've had those tube sites going a long time and have been using and steeling content from all of us for years. FUCK'EM!
They will get every dime back..
Most companies that pay webmasters in the USA but do not "run" out of the USA have some bank accounts in the USA to pay webmasters..
But here is a little thought..
- They had almost 7 mil taken by the Gov' from their webmaster payment accounts.
Anyone anyone bitch that they did not get paid on time?
Now the govt didn't just take some each week that was all in one shot. meaning that they had 7mil waiting to play webmasters.. So they planed on paying that out over the next 30day.
So when I hear from people that Im not getting paid because of some simple stupid thing and I see this... In todays market, that does give me something to think about. This was/is a big deal.. yet payments were like clock work.
Seems it was red flagged due to banking with a bank I posted about before.. CAL.. and other backs in the area.
As for Topbuck.. What happens if Brazzers owns a VOD and paid for full internet rights to these movies and everyone elses..
Also as users are able to upload content then this would fall back to a current case involving google and content rights and others involving youtube. So it would be interesting..
If topbucks wins and it makes a president
...
Then hotlinking videos and hotlinking images would also fall under this ruling..
IE the music videos we enjoyed the JohnTO uploaded... and a number of other post on even this board would be in violation
The videos kinda already are but the violation is on youtube not here.
But if they win then it would be reasonable that someone with care or control to this website may have seen the videos and should have removed them. Once you close a loop hole you close it for more then just what you intend it to be closed for.
Most companies that pay webmasters in the USA but do not "run" out of the USA have some bank accounts in the USA to pay webmasters..
But here is a little thought..
- They had almost 7 mil taken by the Gov' from their webmaster payment accounts.
Anyone anyone bitch that they did not get paid on time?
Now the govt didn't just take some each week that was all in one shot. meaning that they had 7mil waiting to play webmasters.. So they planed on paying that out over the next 30day.
So when I hear from people that Im not getting paid because of some simple stupid thing and I see this... In todays market, that does give me something to think about. This was/is a big deal.. yet payments were like clock work.
Seems it was red flagged due to banking with a bank I posted about before.. CAL.. and other backs in the area.
As for Topbuck.. What happens if Brazzers owns a VOD and paid for full internet rights to these movies and everyone elses..
Also as users are able to upload content then this would fall back to a current case involving google and content rights and others involving youtube. So it would be interesting..
If topbucks wins and it makes a president
...
Then hotlinking videos and hotlinking images would also fall under this ruling..
IE the music videos we enjoyed the JohnTO uploaded... and a number of other post on even this board would be in violation
The videos kinda already are but the violation is on youtube not here.
But if they win then it would be reasonable that someone with care or control to this website may have seen the videos and should have removed them. Once you close a loop hole you close it for more then just what you intend it to be closed for.
QUOTE(rhon23 @ Feb 16 2010, 04:24 PM)
karma
qft
QUOTE(PAR @ Feb 16 2010, 06:28 PM)
IE the music videos we enjoyed the JohnTO uploaded
I've no idea what you're talking about, I always walk the straight and narrow
doesnt webmaster checks do thier payouts for them? Why so much in a US account when they dont pay out directly. Seems they sould be able to transfer the money from cananda to webmasters checks. Who knows right 
Canadian check can be held for 60 days by a US bank..
QUOTE(PAR @ Feb 16 2010, 10:31 PM)
Canadian check can be held for 60 days by a US bank..
but you would think that they would wire WebmasterChecks who does thier payouts direct. Why go from Canda to US bank. THen from US bank to WebmasterChecks to pay webmaster?
QUOTE(Famous @ Feb 16 2010, 11:24 PM)
doesnt webmaster checks do thier payouts for them? Why so much in a US account when they dont pay out directly. Seems they sould be able to transfer the money from cananda to webmasters checks. Who knows right
QUOTE(PAR @ Feb 16 2010, 11:31 PM)
Canadian check can be held for 60 days by a US bank..
QUOTE(Famous @ Feb 17 2010, 12:35 AM)
but you would think that they would wire WebmasterChecks who does thier payouts direct. Why go from Canda to US bank. THen from US bank to WebmasterChecks to pay webmaster?
Webmastercheck may do their payouts but that is about 7 mil..
And it means that they had no issues with payouts with about 7mil going info limbo..
Regardless of what the cash was for etc.
To me this shows me how stable and well organized they are.
You can not like them or whatever but in a time when people are hunting down other companies for payments in the 100-500+++ range, and get handed BS answers as to where the payments is..
These out standing payments add up and directly affect a persons/companies bottom line... And risk of payments not being sent have been sitting high on my list of things to consider b4 I do deals with people.
There is a very small number of companies that I don't even think of the risk of non payment.
Yes I did think about that. 6.4 Million in the bank in these trying times and they still seem to be paying webmasters on time? I guess the illegal tube biz makes a lot of money. 
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