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Organo Gold Fraud
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Defendants contend that Plaintiffs have not sufficiently established an injury that gives them standing to bring a private civil RICO action, only alleging personal emotional damage rather than commercial injuries.
It is a pyramid scheme
Organo Gold has been around for years as a multi level marketing company that sells health supplements that improve various conditions, including type two diabetes, hypertension and weight loss. They operate across 33 nations including the US, UK, Canada Europe Asia; although over time their business has been subject to numerous lawsuits filed by one of its original founders Jay Noland who has made several serious allegations against those still employed with Organo Gold.
Pyramid schemes are fraudulent business models in which participants make payments to others with the expectation that those they recruit will return payments back into the scheme. Its goal is often designed for it to collapse when new recruits no longer support its hierarchical payment structure and when this occurs most participants lose what money they invested into it.
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It is a fraud
Organo Gold stands out in network marketing as a top company. They boast distributors worldwide and their products include health supplements that treat various conditions, such as type two diabetes and hypertension. Organo Gold claims its products have been scientifically verified as effective and safe; however, critics allege deceptive business practices.
Organo Gold and its distributors have been accused of misappropriation of trade secrets, tortious interference with contracts, breach of fiduciary duty, unjust enrichment, and fraudulent transfer. According to Tow, Cocheu transferred AmeriSciences distributor lists and WMS software without consideration in exchange for commission on sales from Organo and Buggs without consideration from AmeriSciences; additionally he sent emails agreeing not to use AmeriSciences confidential data for personal gain or profit.
According to his Complaint, after drinking OG coffee for more than two weeks, Plaintiff developed gastrointestinal tract issues and an allergic rash, alleging he would not have purchased and consumed such product had he known of its purported side effects.
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It is a network marketing business
Organo Gold is a network marketing business founded by Bernardo Chua in 2008 that sells products made from Ganoderma herb. Since its conception, Organo Gold has established partnerships with over 200 local manufacturers, creating high-quality products, while their global distribution network spans 5 continents. Their founder’s goal was to spread knowledge of Ganoderma across the world while its members can earn income by sharing the products.
Plaintiffs in RICO cases often allege a pattern of conduct which violated multiple statutes, such as 1964(c), which prohibits interstate wire communication for fraudulent enterprises, and 1965, which prohibits possessing or concealing material related to racketeering schemes. To have standing to file private RICO actions against individuals involved in racketeering acts, plaintiffs must demonstrate commercial injury that was directly caused by said acts. Typically speaking, physical or emotional harm does not qualify under RICO; however, exceptions do exist for such claims.
The Rasmussens operate their business, Titan Global LLC, as independent representatives (IRs) within an ACN multilevel marketing enterprise to sell telecom services like cable and Internet connectivity. As independent representatives (IRs), they receive commissions on sales from themselves as well as sales of primary IRs they recruit as primary recruiters, or secondary recruiters recruited by primary IRs recruited by those primary IRs – according to allegations in this suit, defendants Skirm and Romacio recruited many downstream IRs of Titan Global to Organo Gold from Titan Global to Organo Gold from Titan Global to Organo Gold from Titan Global to organo Gold from Titan Global to Organo Gold.
Skirm and Romacio obtained distributor information from AmeriSciences, including each distributor’s name, address, email address, Social Security number, family relationships, upline number/downline number/genealogy rank/status/lifetime rank information as well as entry date time/status/lifetime rank information. Skirm designed a computer program to easily convert this data to an Organo Gold database format that could then be easily transferred.
When sending electronic messages to others, it is essential to remember that they do not act on your behalf; therefore they do not have the authority or permission to add references or inferences of approval for your communication on their personal lists. Doing so would constitute both a breach of law and be annoying to those you communicate with.
It is a health supplement
Organo Gold Coffee Business, a multilevel marketing company selling health-related products, features coffee infused with the ganoderma lucidum fungus to promote optimal health and well-being, including weight loss, cardiovascular disease prevention and lower blood pressure. Furthermore, this special blend can act as an antioxidant source and energy booster. A new coffee shop located in Seneca Falls New York USA serves this unique brew, proclaiming its benefits both physically and spiritually.
This company blends gourmet coffee beans with ganoderma lucidum, an Asian herb. According to founder Bernardo Chua, this product stands out as superior due to the plant-based extract that helps manage cholesterol, blood pressure and immune function more effectively as well as reduce water retention and promote weight loss.
Chua’s company employs a network of distributors who purchase its products wholesale before selling them directly to consumers. Distributors receive commission on sales as well as compensation for recruiting members into the company – in order to qualify, these distributors must meet specific criteria.
Marlin Johnson filed a lawsuit against Organo Gold claiming serious side effects from their products, particularly coffee that contains the fungus Ganoderma Lucidum. According to him, Organo Gold failed to adequately warn consumers about these purported health risks as well as provide disclosure regarding how much Ganoderma Lucidum was present in each product and even caused physical injuries through defective manufacturing practices.
Defendants have made an application to the court seeking summary judgment in this lawsuit, asking it to stay discovery while they decide if additional documents need to be filed. At issue are whether claims have expired under statute of limitation and whether plaintiff should receive equitable tolling.