How nice was the story of the rich uncle from America, who wanted to build a gigantic pier – equipped with shops, restaurants and much more – in Germany’s largest resort town on the coast of the Baltic Sea without earning a dime.
The patron is none other than well-known former Thuringian cyclist Volker Tabaczek (56) who, with the US company Mount Whitney Trust from Las Vegas, was supposed to invest 38 million euros in the coast of Kühlungsborn.
Well-known names such as Mount Whitney Consulting (Las Vegas) and the B & O Engineers from Hamburg were placed along the pier and ports. There was also another name – Volker Tabaczek.
But now, three months after permission has been granted, those in the town hall may be looking at the situation with deep regret. Tabaczek had allegedly already invested in realized project in Miami. Although the presented photos looked so nice, no record could be found despite extensive research.
And now the new pier in Kühlungsborn
Once full of hope, mayor Rainer Karl has taken down the simulation photo in the town hall. He read the warnings of injured parties on the Internet, but he preferred to trust the word of the investor, who felt persecuted and that his reputation was wrongfully damaged.
Mayor Karl applied for the building permit that was issued in the autumn of last year. How could he have known then that the investor only wanted to use the project of a new pier as a guise to attract even more investors into the suspected snowball system? Perhaps 12 years of warnings on the Internet?
The Berlin Journal has now found out that doubts about the seriousness of the investor and the certain naivety of the mayor, who recently had to take a break from office because of illness, are getting bigger and bigger in Külungsborn.
Since the plans have been handed over, nothing has happened. No building discussion, no excavators.
Town hall employees almost always look at the project photo in their building. None other than renowned B & O Engineers from Hamburg designed it. The experienced engineers have already designed 29 of the total 40 sea bridges in Mecklenburg-Vorpommern and Schleswig-Holstein. This includes the old, and so far only, pier in Kühlungsborn in 1991. However, this is very modest compared to the plans of the fairy tale investor.
It was curious for the group that the alleged foundation in America, the Mount Whitney Consulting Group would want to just give their money away. This was completely against the real meaning of the foundation – the capital salary. However, they did the investor a favor and designed a project picture according to his wishes, but only in advance. The next step is a 3D representation in the town hall.
But the interest of the investor seems to be curiously absent now
The fear is now that the longest German Baltic Sea beach promenade could be now covered by 3.2 kilometers of building ruins – with the only option to be to dismantle – costing a huge sum of public money.
On April 8, 2016, the Ostseezeiting, a local newspaper, wrote that Kühlungsborn was to get a pier along the Sea that was 200 meters wide, equipped with a swimming pool, shops, underwater restaurant and aquariums. For Mayor Karl, this was an ideal solution to a nagging problem. Tourists and municipal politicians have been calling for a second sea bridge in the country’s largest seaside resort for years. But we need more than just a jetty on which the guests can go for a walk,” said Mayor Rainer Karl.
Enter Volker Tabaczek, who lives in Gräbendorf, just south of Berlin. On the outside, everything seemed right: he wore a custom-made suit, drove an official Porsche 911 Carrera and had pictures of former reference projects in Miami.
But with a little research, the façade would have quickly crumbled
Investors have pledged $8.76 million in the Las Vegas based Mount Whitney Group, founded and managed by Tabaczek – although he barely speaks English. None of the investors have seen money since. In addition, the Group does not have any real contractual relationship with anyone, according to research. One retiree paid 10,000 euros, while the highest injured invested 3.3 million euros.
Since 2004 the New York financial services GoMoPa.net warns against the alleged interest and installment free loans – reared by Tabaczek and his US financial group. German investors, however, had no doubts about his promises and were always seeking new investors for the Mount Whitney Group.
When called into question in court, Tabaczek appeared in person to many events. With tears in his eyes, he is said to have established foundations in Africa for children – along with his present wife. The foundation would build schools throughout the continent. In Namibia even streets have been named after him.
His other “company” Seascape LLC was apparently able to buy one of the finest properties on the Baltic Sea – which Tabaczek planned to name after his wife – Sofie – yet its freshly established, with no past, no internet appearance and resides in an empty building with Mount Whitney in Las Vegas.
In another case, in 2007, Tabaczek was sentenced to one year and eleven months probation for fraud. The US Financial Group, in whose name Tabaczek worked, agreed upon a loan of 1.5 million euros to the FC Energie Cottbus. In the course of the negotiations, Tabaczek offered the former president, Dieter Krein, additional funds of 2.2 million euros. However, an advance from the football club of 300,000 euros was necessary to cover the financing costs. Since then, the club hasn’t seen any credit. Indeed, the US Financial Group was not even in a position to provide a loan of that magnitude to the football club.
Hindsight is 20:20
A town council member in Kühlungsborn has since told a Berlin court jury : “We have not researched so deeply.”
SECURITIES & EXCHANGE COMMISSION
Fort Worth District Office
Burnett Plaza, Suite 1900
801 Cherry Street, Unit #18
Fort Worth, TX 76102-6882
18.11.2016
COMPLAINT
I request the United States Securities and Exchange Commission to investigate against the Defendants Mr. Volker Tabaczek, The Mount Whitney Trust, Mount Whitney LLD, Mount Whitney Group LLC, Mount Whitney Investments LLC, Mount Whitney Consulting LLC, HMW Property LLC, Orion Capital LLC, Mount Whitney Management LLC, Seascape LLC, Mr. Michael Rudolf, Ms. Sofie Schützeichel, Mr. Chaz Rainey, Mr. Kurt Brackob
SUMMARY
1. This matter involves an ongoing nationwide Ponzi Scheme in Germany and the USA. Since at least July 2013, The Mount Whitney Trust has raised approximately EUR 5 Million, including investments of at least 30 victims. Volker Tabaczek uses a vast promotional network of finance and estate planners as well as insurance agents to conduct sales. Tabaczek´s most important agent is Mr. Michael Rudolf. Other brokers are Franz Szodruch, Michael Ritter, Olaf Kerwien, Andreas Friese, Björn Bachmann, Marco Pollex and more named below. All the Mound Whitney entities are located in the U.S. and they all use U.S. banks for their transactions with the illegal money.
2. The Defendants assure investors that the Mount Whitney Group will use their money to enter a premium market of bank receivables or debt funds in the U.S. and to invest in large projects. Volker Tabaczek claims to have great connections so that he can access that high-yield market. He informed his clients about several conditions in the USA which allegedly were necessary for the trade deal. The conditions were all invented by him and do not exist in the USA. Likewise he said that before he does an investment he needs to pool the money of the victims to make the trade possible as a guarantee for the banks.
3. The Defendants promised impossible returns from 16% per month to 100% per month. Some victims were guaranteed a return of 155% within five years. Additionally they claimed that their trust account is fully ensured.
4. The perpetrator Volker Tabaczek created a pseudo-empire of shell companies to blur the reality and to make the matter appear complex. The Mount Whitney Trust is the main operating company. It has many subsidiaries and attached companies named above. The conditions in the USA, the treaties, the system behind the investment and the company structure was only explained briefly to victims as it should confuse the victims so that they lost the overview over their investment and Tabaczek´s scheme.
5. There is always a common schematic depiction of the strategy to convince victims of their program. The Mount Whitney Management Corp. has a contract with his accomplice Mr. Michael Rudolf, who is a German agent and broker. He was trained by Tabaczek to build confidence to the victims. Rudolf acted as a capital collection point for Tabaczek and he expected commissions for this as well as a spread of 10%. He is one of many brokers, who is to be seen as a defrauded fraud. He himself believed in the investments of Tabaczek.
6. Tabaczek held training presentations in German cities for acquiring cooperation partners and clients. He introduced himself as the general manager of the Mount Whitney Group. He said it was a U.S. asset management company owned by several wealthy Americans. Tabaczek otherwise kept the ownership circumstances secret. MWG was said to have more than 30 years of experience in the investment area, particularly real-estate investments. He said that he had done well in life and he now wanted to give something back to society. Furthermore he claimed that he had no difficulties operating in the American market although he is not capable of speaking English. He claimed that he was famous in Africa due to his care-projects. But he dismantled them just after a short period of time, so they were never accomplished. He said that he was looking for freelance employees to work for him on a commission basis. On that occasion he said that his family has relatives who do not fool around in case a complaint was filed. It was a tactic to discourage people from going to the police when they realized that they have been betrayed. Most of his training sessions took place in Berlin and Frankfurt/ Main. Michael Rudolf and many more were also present at the meetings.
7. The agents were looking for a special type of victim. They preferred to make deals with old, naive, and trustful persons who, at best, earned their money by illegal methods. That would give the agents a guarantee that the victim would not include police or legal help when they realized that they tapped into a trap. As the deals took place overseas many people did not understood the matter, also because they were not capable of the English language.
8. Michael Rudolf, one of the agents, promised secure and high-yield investments. The money of the victims was directly transferred to the bank account of the MW Group in the USA which is solely accessible by Volker Tabaczek. Then, the money was distributed to other subsidiaries to blur the traces of the transaction. Most times the money was transferred to the Seascape LLC which transferred each month a small amount of money to a German bank account of Volker Tabaczek. Rainey and Brackob (his accomplices in the U.S., more information below!) helped to give the company a structure in the USA. They were hired by Mr. Tabaczek for the purpose of management. They acted as trustees in the USA for him. The money was spent on infrastructure, lifestyle, consumption, system maintenance, payments, asset accumulation, cars, suits and other projects which should be good for publicity reasons. In fact, they did money laundering.
9. The contracts with the victims were never fulfilled. The victims as well as the brokers were misled. His plans implied that the victim blamed not him for the loss of the money. Tabaczek wanted the victims to charge their brokers instead of him. When the victims demanded a repayment Tabaczek and his team tried to gain time by creating obstacles that prohibited a repayment of the victim. If necessary, small amounts were repaid. It was invented that the transaction would take a lot of time due to some problems in the USA. It was a lie.
10. Our assessment is that Tabaczek commits a crime of fraud and violation of the German Banking Act. No one of Mr. Tabaczek´s clients has ever received the full amount of money, granted to him.
JURISDICTION
Following articles can be used for the process of the crime of Mr. Volker Tabaczek
(1) Violations of Section 10(b) of the Exchange Act and Rule 10b-5
(2) Violations of Section 17(a) of the Securities Act
(3) Violations of Section 15(a) of the Exchange Act
(4) Violations Of Sections 5(a) And 5(c) Of The Securities Act
11. The Commission should bring this action pursuant to the authority conferred upon it by Section 20(b) of the Securities Act [15 U.S.C. § 77t(b)] and Section 21(d) of the Exchange Act [15 U.S.C. § 78u(d)] to enjoin the Defendants from future violations of the federal securities laws. The Commission also should seek disgorgement of ill-gotten gains from the Defendants, plus prejudgment interest, and civil penalties pursuant to Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d) of the Exchange Act [15 U.S.C. § 78u(d)]. The Commission should also seek disgorgement, plus prejudgment interest, from the Relief Defendants, regarding all funds derived, directly or indirectly, from the Defendants’ fraudulent conduct.
12. The Court has jurisdiction over this action pursuant to § 22(a) of the Securities Act [15 U.S.C. § 77v(a)] and § 27 of the Securities Exchange Act [15 U.S.C. § 78(aa)] and Title 28 U.S.C. § 1331. Defendants, directly and indirectly, made use of the mails and of the means and instrumentalities of interstate commerce in connection with the acts, practices and courses of business described in this Complaint.
DEFENDANT
13: Volker Tabaczek:
The fraudulent investment scheme and violation of the banking act can be compared to serious warnings of the SEC and FBI. In Germany Tabaczek was sentenced in 2008 by the federal court for betraying the football club FC Energie Cottbus e.V.. From 2009 to 2011 he was behind bars in a prison in Abu Dhabi. Many private persons sued him to court. The total damage is more than EUR 5 million. The trials against the founder and perpetrator Volker Tabaczek can be followed in Germany under file number 91 M 615/11 or 244 Js 1768/14. Volker Tabaczek was born in 1960 in the German Democratic Republic, is a fraud focusing on capital-investment and high finance in the U.S.. After his brief education as a teacher and car mechanic he started a career as an amateur racing cyclist. His claim that he completed an internship at Deutsche Bank AG following reunification is false. Tabaczek created a pseudo-empire in the U.S.. Various of his corporations in the U.S. are engaged in criminal activity mostly involved in money laundry and breach of trust. He founded several companies: The Corporate Group Royal in 2000, the US Financial Group LLC in 2003 and the Mount Whitney Group in 2011. The deals are hardly presented to the clients by himself but rather from third persons, mostly defrauded escrow agents, hired by Tabaczek (detailed explanation of the system above). Prime bank frauds advertise in the internet or the newspaper with high-yield, risk-free international finance programs. Likewise, Tabaczek promotes complex, sophisticating and official-sounding investments. He claims that the offshore trade takes place overseas (in the United States), is surveilled by well-known organizations (IMF, ICC etc.), it is limited and only available to privileged persons. His deals apparently seem to be trustworthy and legitimate.
14. Mr. Michael Rudolf: German citizen, owner of shell company TI Technologie & Investment Consultuing Corp., he is agent and training assistant in Germany, Langschanweg 15, 12355 Berlin-Rudow, he made use of Tabaczek´s contracts and is considered to be trustworthy and competent, he is nearing the age of retirement. He carries a business card of the Global Competence Team, 391 N. W. 179 Avenue, Beaverton, Oregon, 97006, USA. That is obviously the same address as Mount Whitney Management Corp. Moreover, the Global competence Team is supposedly also located at 1005 West Fort Street, Carson City, 89703 Nevada (USA). The phone and fax numbers are the same as those of the Mount Whitney Management Corp. One Jörg Seidler claims to be president of the Global Competence Team.
15. Ms. Patrycja Ryfa: She lives at Hohenzollerndamm 194, 10717 Berlin and was born on December 24th, 1988. Since being hired for Tabaczek on February 1st, 2014, she has drawn a monthly gross salary of EUR 3,000, which is paid into her account with Berliner Sparkasse. Originally, she was supposed to manage the office in Las Vegas in late 2014. The office has two functions: It serves as the address for all companies, and it provides office services to third parties as a `virtual` office. In other words, Ryfa is supposed to apply in Las Vegas the things she learned in Berlin. This has not happened yet.
16. Ms. Sofie Schützeichel: was born in 1970. She is Tabaczek´s wife since December 6th, 2014. Tabaczek uses his wife´s accounts to make dispositions of his assets and that based on her training as an internet designer, she is responsible for design. She draws a salary even though she essentially performs no work but instead manages the household of their apartment. Many of the corporate group´s websites are registered on her name. She as well as her husband Tabaczek does not speak English at all.
17. Mr. Chaz Rainey: Until September 2015 Rainey paid €20,000 into the business account of Volker Tabaczek in Germany. Rainey assists Tabaczek in issues relating to company formation and management. He also acts as trial attorney and as official representative for some of these companies. He operates an office in Las Vegas together with a partner. He claims to have no specific knowledge about Tabaczek´s contracts with European clients. This was likely unmasked as a self-driving assertion, at the latest, by the time of the Mount Whitney crisis in 2014. He offers virtual offices and formation services for companies.
18. Mr. Kurt Brackob: He handles the relations with Wells Fargo Bank. He sometimes also appears as Dr. Kurt Brackob. He is a U.S. citizen. Tabaczek often refers to Brackob as “our banker”. Brackob opens diverse accounts for the various companies in the U.S. and also assists in the area of United States Visas. He takes care of Tabaczek´s account and credit cards. His particulars are: Mr. Kurt Brackob, Wells Fargo employee, 5960 Centennial Center Boulevard, Las Vegas, Nevada, USA 89149. He is very close to Tabaczek and Rainey. In March 2003 he was sentenced in Romania to a prison term of seven years for sexual relations with minors. He changed his name: He was formerly known as Kurt Treptow. Although he has never awarded the title “doctor” he sometimes uses it.
Companies:
29. The Mount Whitney Trust: Trustee, Grantor and Manager: Volker Tabaczek, Operating since July 18th 2013; all interlocking enterprises of his Mount Whitney Group run up to the Mount Whitney Trust. This is in the property of Volker Tabaczek to 100 %.
20. Mount Whitney LLC: Nevada, Agent: Rainey Legal Group, Manager: The Mount Whitney Trust, Board Members: Volker Tabaczek, Sofie Schützeichel, Operating since September 23rd, 2013.
21. Mount Whitney Group LLC: Nevada, Agent: Rainey Legal Group, Board member: Volker Tabaczek, Manger: The Mount Whitney Trust (Volker Tabaczek), operating since: September 23rd 2013, contracting party of the TI-Corp. In terms of private placement
22. Mount Whitney Investments LLC: Nevada, Agent: Rainey Legal Group, Manager: Mount Whitney LLC, Operating since: 24th September 2013, Claimant in the USA, No contracting relationship to anyone
23. Mount Whitney Consulting LLC: Nevada, Agent: Rainey Legal Group, Manager: Mount Whitney Group LLC, Operating since: June 10th 2014
24. HMW Property LLC
25. Orion Capital LLC: Nevada, Agent: Rainey Legal Group, Manager: Mount Whitney Group LLC, COO: Volker Tabaczek, Operating since: October 30th 2014
26. Mount Whitney Management LLC: Nevada, Agent: Rainey Legal Group, Manager: Mount Whitney Investments LLC, operating since June 10th, 2014
27. Seascape LLC: Nevada, Agent: Rainey Legal Group, Manager: Skybridge TR, Operating since: April 11th 2014, owner of the property Kühlungsborn
28. Further assistants, who helped him to school brokers to support him:
Marco Pollex (Henningsdorfer Straße 25a, 13505 Berlin)
Annett Weiss (Josef Orlopp Straße 19, 10367 Berlin)
Nikolaus Pett (Hilde-Ephraim-Straße 78, 14193 Berlin)
Lars Conrad (Kurfürstendamm 194, 10707 Berlin)
Sincerely,
now … 🙁
Comments are closed.