Here is the agency to which you will file your complaint: Attorney General Office in Kentucky
www.ag.ky.gov/cp 1-888-432-9257. Phone that telephone number and punch #3 on your keypunch and tell Lori to send you a Consumer Complaint Form.
The following is a copy of my complaint:
Complaint:
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, beginning circa 10-06, 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 March payperiod.
Therefore Swainson Hawke is liable for 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 is liable for any and all damages that Charter Members incurred for failing to receive their Complimentary and Referral Checksby the specific dates that Swainson Hawke/GIT asserts.
Since Swainson Hawke/GIT's myriad of excuses, beginning circa 10-06, for failing to pay its Charter Members their Complimentary and Referral Checks on time, 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 liable for obtaining money under false pretenses, fraud, and misrepresentation.
In one of GIT's latest conference calls, Swainson Hawke admitted that he had just lost 50% of the funds in a brokerage account that he used to trade the Forex Market.
GIT posts the following disclaimer on its website: DISCLAIMER: GUARDIAN INTERNATIONAL TRAVEL (GIT) IS NOT AN INVESTMENT COMPANY.
So Swainson Hawke, by confessing that he is trading the Forex market with Charter Member funds, violates GIT's own disclaimer.
Therefore Swainson Hawke/GIT is liable for fraud and misappropriation of funds.
Swainson Hawke/GIT has always solicited new people into its Charter Member Program by EMPHASIZING its Complimentary Check Program as evidenced by the advertisements that are STILL available on its website.
Swainson Hawke/GIT has always solicited new people into its Charter Member Program by constantly repeating the same following mantras 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 has always 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 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 liable for fraud, deception, and misrepresentation.
Facts and points of law:
According to Swainson Hawke's/GIT's GUARANTEE that it posted on its website, Swainson Hawke/GIT would send Charter Members their Complimentary and Referral Checks for the previous payperiod on the 30th of the following month.
Therefore Swainson Hawke/GIT is LEGALLY OBLIGATED to pay its Charter Members for the payperiods of 3-07 through 9-07.
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 seven months in arrears.
According to GIT's magazine that it sent to Charter Members in the Winter of 2006, 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.
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 assered 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 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 the latter would be construed as a Ponzi Scheme.
In one of GIT's latest conference calls, Swainson Hawke confesses that he had just lost 50% of the funds in a brokerage account that he used to trade the Forex Market.
GIT posts the following disclaimer on its website: DISCLAIMER: GUARDIAN INTERNATIONAL TRAVEL (GIT) IS NOT AN INVESTMENT COMPANY.
So Swainson Hawke, by confessing that he is trading the Forex market with Charter Member funds, violates GIT's own disclaimer.
Therefore Swainson Hawke/GIT is liable for fraud and misappropriation of funds.
In a 10-07 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 10-06 through 10-07 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 liable for fraud and misrepresentation.
Chronology of Swainson Hawke's/GIT's fraud, misrepresentation, obtaining money under false pretenses, lies, and deception:
9-06--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.
10-20-06--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.
11-7-06--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 payperiod 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.
12-8-06--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 payperiod 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 explain the connection between its bank account being hacked into and GIT's now having to manually verfiy all the Complimentary and Referral Checks. Although GIT management asserts that 75% of the checks had already been mailed by 12-8-06, I did not receive my check until circa the end of 12-06 (my check was one month late).
1-3-07--In an email to its members, the management of GIT alleges that the 11-30-06 payperiod checks would not be mailed on 12-30-06 as scheduled because GIT had to audit the checks ONE MORE TIME.
1-19-07--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 daily.
1-31-07--in an email to its members, the management of GIT alleges that the last of the 11-30-06 payperiod checks were being mailed this week (the checks were now one month late). Furthermore, they allege that it would start mailing the 12-31-06 payperiod checks on 2-10-07 (instead of on the 30th of the following month--1-30-07 for this payperiod--)as they had GUARANTEED in their 11-7-06 email.
Circa 2-07--I receive 11-30 payperiod Check. My Check was more than a month late.
Circa first week 3-07--I received 12-30 payperiod Complimentary and Referral Check. My Check was more than a month late.
3-22-07--In an email to its members, the management of GIT asserted:
"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 post office 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 2007 pay period
"The January 2007 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 2007; once closed we will begin processing all checks. Checks for the January 2007 pay period will be mailed out in the month of March 2007. All checks will be received by the last day of March 2007." (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 managemen that the 1-30 payperiod is the LAST payperiod that GIT has to audit; and beginning with the 2-28 payperiod, two Complimentary and Referral Checks will be sent each month until the Checks are once again on schedule.
Circa 3rd week 5-07--I received 1-30 payperiod Complimentary and Referral Check. My Check was 2.5 months late.
In numerous telephone conversations, I was NOW told by GIT management and GIT customer service representatives that GIT has to audit the Complimentary and referral Checks ONE MORE TIME.
Circa 2nd week 7-07--I received 2-28 payperiod Complimentary and Referral Check. My Check was 3.5 months late.
8-07 to present--In numerous 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 payperiod 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.
Circa middle of 8-07--In a telephone confeence 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 because then the authorities would freeze all GIT's accounts and Charter Members would definitely not receive their money then.
10-3-07--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!"
10-3-07--Swainson Hawke asserts in his Update: "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.
10-07--Swainson Hawke attempts to coerce Charter Members to sign away their rights by signing either the Recommitment Form or the Refund Request Form.
10-19-07--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."
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."
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.
Therefore any reasonable person can readily ascertain that GIT's Recommitment Form is a blatant lie and a misrepresentation.
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Guardian International Travel
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