Swainson Hawke, CEO of Guardian international Travel (GIT), has continuously defrauded, deceived and misled GIT Charter Members, has misappropriated GIT funds, and has obtained money under false pretenses.
Since Swainson Hawke/GIT's myriad of excuses began in October for failing to pay its Charter Members their Complimentary and Referral Checks on time, Swainson Hawke/GIT has continuously misled its its Charter Members by asserting that their Complimentary and Referral Checks would be sent by a specific date; but not ONCE did Charter Members receive their Complimentary and Referral Checks anytime close to that specific date.
A current case in point is Swainson Hawke's 10-3-07 Update in which he asserts: "Our goal is to send out Complimentary Checks through the May period by the end of October. And to be completely back on track, by the end of December, allowing us to have a great 2008!" The fact is that Swainson Hawke/GIT has failed to even send out the February checks as of January.
Therefore Swainson Hawke is guilty of fraud, deception, and misrepresentation.
Charter Members have made financial decisions predicated upon receiving their Complimentary and Referral Checks by the specific dates that Swainson Hawke/GIT asserts.
Therefore Swainson Hawke/GIT should be liable for any and all damages that Charter Members incurred for failing to receive their Complimentary and Referral Checks by the specific dates that Swainson Hawke/GIT asserts.
Despite these problems, Swainson Hawke/GIT has continued to solicit new people into its Charter Member Program by EMPHASIZING its Complimentary and Referral Check Program.
Therefore Swainson Hawke/GIT is guilty of obtaining money under false pretenses, fraud, and misrepresentation.
In one of GIT's fall conference calls, Swainson Hawke admitted that he had just lost 50% of GIT's funds in a brokerage account that he used to trade within the highly volatile ForEx (Foreign Exchange Currencies) Market.
This despite the fact that GIT posted the following disclaimer on its website until they shut them down: DISCLAIMER: GUARDIAN INTERNATIONAL TRAVEL (GIT) IS NOT AN INVESTMENT COMPANY.
So Swainson Hawke, by confessing publicly that he is trading within the ForEx market with Charter Member funds, violates his own disclaimer!
Therefore Swainson Hawke/GIT is guilty of fraud and misappropriation of funds.
Swainson Hawke/GIT always solicited new people into its Charter Member Program by constantly repeating the following misrepresentation on all of its telephone conference calls:
"GIT has NEVER missed sending the Complimentary Checks to its Charter Members.
"GIT Charter Members receive their Complimentary Checks in the mail like clockwork.
"GIT has the power to change people's lives."
Swainson Hawke/GIT often solicited new people into its Charter Member Program by having its existing Charter Members give their testimonials regarding the benefits of the Complimentary and Referral Check Program on all of its weekly telephone conference calls.
In numerous telephone conversations with Charter Members, GIT's customer service employees, GIT's corporate officers, and GIT's management have continuously misled its Charter Members by asserting that their Complimentary and Referral Checks would be sent by a specific date.
Therefore GIT's customer service employees, GIT's corporate officers, and GIT's management are guilty of fraud, deception, and misrepresentation.
Facts and points of law:
According to Swainson Hawke's/GIT's GUARANTEE that was posted on its website, Swainson Hawke/GIT would send Charter Members their Complimentary and Referral Checks for the previous pay period on the 30th of the following month.
Therefore Swainson Hawke/GIT is LEGALLY OBLIGATED to pay its Charter Members for the pay periods of Februrary 2007 through, the very least September.
Therefore Swainson Hawke/GIT CANNOT change its policy without fulfilling its obligation of paying Charter Members their seven months of Complimentary and Referral Checks for which it is nearly a year behind.
According to GIT's magazine that it sent to Charter Members in the Winter of GIT formed Multiple One Group from the money that it solicited from people who purchased Condo Cards and subsequently became Charter Members who would in turn benefit from the Complimentary and Referral Check Program.
The Multiple One Group companies consist of Gazillion Properties, Inc., 434 Convenient Stores, Inc., Pinnacle Concrete and Construction, Inc., and Hawk's Hospitality, Inc.
Although the Multiple One Group companies are separate corporations, they were all financed by the money Swainson Hawke/GIT solicited from its Charter Members; in essence, the Multiple One Group companies would be nonexistent today without the money Swainson Hawke/GIT solicited from its Charter Members; therefore a very definite relationship exists between GIT, GIT Charter Members, and the Multiple One Group companies.
In numerous GIT telephone conference calls, Swainson Hawke asserted that GIT was paying its Charter Members' Complimentary and Referral Checks from the income that was generated from the Multiple One Group companies and NOT from NEW people it was soliciting into its Charter Member Program. That assertion further proves the connection between GIT, GIT Charter Members, and Multiple One Group companies.
Therefore Swainson Hawke/GIT was either using the income generated from Multiple One Group companies to pay Charter Members their Complimentary and Referral Checks; or, as it appears today, Swainson Hawke/GIT was using the money from the NEW people it solicited into its Charter Member Program to pay Charter Members their Complimentary and Referral Checks; Of course this qualifies as a Ponzi Scheme.
In a October telephone conference call, Swainson Hawke asserted that all Charter Members who have been Charter Members for at least a year are not losing money in the Charter Member Program. Because GIT Charter Members have received ONLY FIVE Complimentary and Referral Checks from October through October and the break-even number of Checks for Charter Members is NINE Checks, Swainson Hawke's assertion is a blatant LIE.
Therefore Swainson Hawke/GIT is guilty once more of fraud and misrepresentation.
Chronology of Swainson Hawke's/GIT's fraud, misrepresentation, obtaining money under false pretenses, lies, and deception:
September — Swainson Hawke attempts to change the Charter Member Complimentary and Referral Check Program. Because the proposed change would have been unfavorable for Charter Members, the leaders of the Charter Member Program immediately protested and the change was never implemented.
October 20 — In an email to its Charter Members, the management of GIT asserts that it was still relying on MultiSoft to process the Complimentary and Referral Checks. Moreover, they asserted that they planned on having their own server on high speed data connections in the near future to eliminate outsourcing. And that would GUARANTEE the delivery of the Complimentary and referral Checks in a TIMELY manner. Furthermore, all Charter Member Program commissions would be posted in the Charter Members' Back Office one day BEFORE the Complimentary and Referral Checks were to be MAILED.
November 7 — In an email to its members, the management of GIT asserts that it was combining GIT Charter Member Commission Checks and Complimentary Checks into one check. Furthermore, Complimentary Checks and Commissions Checks for any pay period would be paid the 30th of the following month: e.G., all monies due on 11-30-06 would be paid on 12-30-06.
December 8 — In an email to its members, the management of GIT asserted that a computer hacker had hacked into its online bank account on 11-30-06 (of course that was CONVENIENTLY the exact same day that Swainson Hawke/GIT was scheduled to mail the Charter Members' 10-31-06 pay period checks). What a coincidence! Because of that, Swainson Hawke/GIT asserts that it has to now manually verify Charter Member names, ID#s, and the amount of the checks. Of course Swainson Hawke/GIT never explains the connection between its bank account being hacked and GIT's now having to manually verify all the Complimentary and Referral Checks.
January 3 — In an email to its members, the management of GIT alleges that the 11-30-06 pay period checks would not be mailed on 12-30-06 as scheduled because GIT had to audit the checks ONE MORE TIME.
January 19 — In an email to its members, the management of GIT alleges that they were still auditing the checks and that the checks were being mailed out daily.
January 31 — In an email to its members, the management of GIT alleges that the last of the 11-30-06 pay period checks were being mailed that week (the checks are now one month late). Furthermore, they allege that they would start mailing the 12-31-06 pay period checks on 2-10-07 (Instead of on the 30th of the following month—1-30-07 for this pay period) as they had GUARANTEED in their 11-7-06 email.
March 22 — In an email to its members, the management of GIT communicated the following:
"We do apologize for not getting all of the checks out by the 12th of the month.
"With the new program being installed and tested there are usually some minor glitches that need to be corrected. Unfortunately, this month we had to void and reprint about 40% of the checks due to a programming error.
"Everyone will have their checks by the end of the month. Please bear in mind that the day we mail items is not the day they will be received. All items mailed within the U.S. Must be given 5 to 10 business days to arrive."
(The USPS exposes that blatant lie by verifying that a letter mailed from one coast of the U.S. Will be received on the other coast WITHIN THREE DAYS).
"Outside the U.S. Can take 10 to 20 business days depending on the location.
"Checks will not be considered lost in the mail until after this time frame.
"Please know only request on checks that have been given adequate time to arrive should be submitted."
"Understanding how the Monthly pay-out system works
" (Regarding Complementary and Referral checks)
"Example: January pay period
"The January pay period is open from the first of the month to the last day of the month. That pay period will usually be closed out with in the first 15 business days of the following month which is February; once closed we will begin processing all checks. Checks for the January pay period will be mailed out in the month of March. All checks will be received by the last day of March." (Additional assertions by GIT that Charter Members relied upon when making subsequent financial decisions)."
In numerous telephone conversations, I was constantly told by GIT customer service representatives and GIT management that the 1-30 pay period is the LAST pay period that GIT has to audit; and beginning with the 2-28 pay period, two Complimentary and Referral Checks will be sent each month until the Checks are once again on schedule.
Two weeks later I was told by GIT management and GIT customer service representatives that GIT had to audit the Complimentary and referral Checks ONE MORE TIME.
August - January — During many, many telephone conversations, I was NOW told by GIT customer service representatives and GIT management that GIT still has NOT mailed ALL of the 2-28 pay period Complimentary and Referral Checks; but beginning with the 3-30, at least two Complimentary and Referral Checks will be mailed each month until the Checks are once again on schedule.
August — In a telephone conference call, Swainson Hawke reveals that GIT customer service representatives are being besieged daily with nasty telephone calls from disgruntled Charter Members who are very angry for not receiving their Checks. Swainson Hawke warns all the Charter Members on the conference call NOT to file a Complaint with the Securities and Exchange Commission (SEC) because they would freeze all GIT's accounts and Charter Members would definitely not receive their money then.
October 3 (morning) — Swainson Hawke asserts in his Update: "Our goal is to send out Complimentary Checks through the May period by the end of October. And to be completely back on track, by the end of December, allowing us to have a great 2008!"
October 3 (evening) — Swainson Hawke states the following: "The first few hundred member audits reveal that we would incur over two million dollars ($2,000, 000) in over payments in Complimentary Checks. This revelation is why we must cease bringing in new Charter Members into Guardian International Travel, LLC." Of course that assertion contradicts the numerous assertions made by Swainson Hawke, GIT corporate officers, GIT management, and GIT customer service representatives who in the past had continuously asserted that the alleged software problems had been resolved.
A week later Swainson Hawke attempted to coerce Charter Members to sign away their rights by signing either a Recommitment Form or a Refund Request Form.
October 19 — GIT Management asserted in their Update pertaining to the Clarification on the Recommit and Refund Request Forms:
"Recommit Form:
The recommit form was our way to see who would join the new company
Multiple One Travel, Inc. Who would work and promote this new company as another source of income.
"It was for informational purposes only.
"We were trying to find out what members would actually be supporting our companies. It in no way had anything to do with GIT or any other company.
"Multiple One Travel, Inc.
"It was never the intent in GIT to have or promote a Passive Income. It was designed to reward those that worked to promote and build our business with complimentary checks. Unfortunately, a large number of our current members saw this as an opportunity to receive income for doing nothing. That was Never our Intent or Goal!
"The Condo Card products and programs including the rebates have proven Time and Time again to be strong enough to stand on its own."
Here is The EXACT wording on GIT's recommitment Form: " I % am recommitting to remain as a member of Guardian International Travel, LLC, and to remain as a Charter Member receiving all the Charter Member Benefits.
"I understand that in order to receive the ongoing Complimentary Checks and other Charter Member Benefits that I need to:
"1. That I must re-enter into Guardian International Travel's new marketing plan.
(While keeping my same placement and sponsorship in the genealogy.)
"2. I will commit to joining the new program in order to keep my Charter Member Benefits."
A close up of Swainson Hawke's/GIT's and GIT's Management's blatant lies, misrepresentations, and contradictions in the 10-19-07 Update:
10-19-07 Update: The recommit form was our way to see who would join the new company Multiple One Travel, Inc."
GIT's Recommitment Form: "I understand that in order to receive the ongoing Complimentary Checks... I need to
"1. That I must re-enter into Guardian International Travel's new marketing plan.
(While keeping my same placement and sponsorship in the genealogy.)
"2. I will commit to joining the new program in order to keep my Charter Member Benefits."
Any reasonable person can readily understand what Swainson Hawke/GIT was REALLY trying to accomplish... GIT's Recommitment Form is a blatant lie and a misrepresentation.
10-19-07 Update: "Unfortunately, a large number of our current members saw this as an opportunity to receive income for doing nothing."
In a recent conference telephone call, Swainson Hawke asserted that twelve Members have become millionaires while promoting the Charter Member Program. Moreover in the 2.5 years GIT has been in existence, between 12,000 and 15,000 people have become Charter members by purchasing between 50m and 100m dollars worth of Condo Cards.
Therefore a reasonable person can readily ascertain that that assertion is a blatant lie and a misrepresentation.
Furthermore, a reasonable person can readily ascertain that GIT profits are derived from the SALE of Condo Cards and NOT from the the actual USE of the Condo Cards.
March through October—GIT Charter Members receive ONLY two Complimentary and Referral Checks.
October 25 Condo Rebate checks suspended cash flow low
November 15 Multiple One Travel, changed to Multiple One Entertainment.
November 20 the following message:
GIT Conference Call Update:
"Per Mr. Hawke, we will be holding a conference call that will be followed by an email and posting to the News Flash Page regarding the GIT checks.
"Information regarding when the call will take place will be sent via email and posted on the news flash by the first part of next week.
"The call should be held on or before Friday November 30.
"Our desire is to make sure that everyone will have a Merry Christmas.
"Thank You,
GIT Management"
December 3 The following message was sent out:
"The Call about Checks!
"Per Mr. Hawke,
"The call regarding the GIT checks will still take place. He is waiting on additional information before making his announcement.
"Once he receives that information, he will announce when the call will take place by sending an email out to all members and posting an-update on the News Flash page.
"Thank You,
GIT Management"
No call was ever made and if we had a Merry Christmas, it had nothing to do with Guardian International Travel
In summary:
From GIT's inception in February Swainson Hawke/GIT has continuously EMPHASIZED the Complimentary and Referral Program to solicit people to purchase Condo Cards and become Charter Members.
In fact, the Complimentary and Referral Check Program is the ONLY reason people purchased the Condo Cards and became Charter members.
Therefore without the Complimentary Check Program to entice people to purchase the Condo Cards, GIT, Multiple One Group companies, and other GIT programs would be nonexistent today.
Circa September Swainson Hawke, with multiple One Group companies already established, attempts to downgrade the Complimentary Check Program. That ploy causes outrage from the GIT leaders and is quickly rejected; but that ploy is important to note because it establishes Swainson Hawke's NEFARIOUS MODUS OPERANDI.
NOT COINCIDENTALLY the alleged hacking into GIT's bank account and the myriad of alleged software problems begin IMMEDIATELY thereafter and serve ONLY ONE PURPOSE: To delay/postpone the payment of the Complimentary and Referral Checks to the Charter Members; in other words, it is merely Swainson Hawke's/GIT's pathetic attempt to get out of fulfilling its LEGAL OBLIGATION.
Swainson Hawke's latest ploy was his attempt to coerce Charter Members to sign away their rights by signing either the Recommitment Form or the Refund Request Form.
Swainson Hawke/GIT's modus operandi is patently obvious: Swainson Hawke/GIT solicits new people into its Charter Member Program by EMPHASIZING its Complimentary and Referral Check Program, utilizes those funds to establish its Multiple One Group companies, and then creates/uses software problems and other excuses, such as a hackers hacking into its bank account, to keep from having to fulfill its LEGAL OBLIGATION of paying Charter Members their Complimentary and Referral Checks.
In my opinion, with these actions now well documented and GIT's websites and offices now closed, it is obvious that Swainson Hawke is a "wolf in sheep's clothing" a person who is devoid of conscience.
Therefore Swainson Hawke should be prosecuted both civilly and criminally to the fullest extent of the law and I will do all I can to make sure that this happens.
Moreover, GIT's corporate officers, GIT's management, and GIT's customer service representatives should also be prosecuted for their part in this fraud.
Furthermore, the proper authorities should petition the courts to appoint a Receiver to take control of any and all assets of GIT and GIT's affiliated companies.
Since it is obvious that we will NEVER be paid what we are due, it is my sincere hope that the authorities seize the personal assets of SWAINSON HAWKE, ELLIOTT JAMES, SCOTT NEAL & THUONG THI HAWKE (NGUYEN) and they are convicted in a court of law and jailed for a long, long time.
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