Tuesday, Ohio Attorney General Mike DeWine and the Ohio Department of Commerce announced a joint lawsuit and temporary restraining order against Bryan residents Nancy Jo Frazer and her husband David Frazer, as well as Sherwood resident Albert Rosebrock, and their charity, Defining Vision Ministries, formerly known as Focus Up Ministries Inc.
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According to the state's complaint, the Frazers and [Albert] Rosebrock used Focus Up Ministries' alleged status as a charity to solicit donations and investments into Profitable Sunrise. The complaint claims that "According to its articles of incorporation, Defendant Focus Up Ministries was created for numerous religious and charitable purposes, including theological training, counseling services, housing services, the establishment of a Christian bookstore ..." and that it would provide donated funds to "... Bible studies, scholarships, crisis relief, events, missionaries ..." and more.
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"You're not going to say securities because we are not talking in that language," Nancy Frazer allegedly told investors in a conference call. "Talk about the fundraisers in the charities. Everybody knows what that is. It's a good thing. It's a happy thing. It's not a bad thing."
It appears her claims were not supported, however.
"There is no evidence that any investments in Profitable Sunrise were used for any charitable purposes," court filings state, and
no records verify the defendants' claims that Focus Up Ministries was a tax-exempt 501(c)(3) nonprofit.
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As early as September 2012, filings state, Nancy Frazer had concerns about the lack of documents and records from Roman Novak, the alleged founder of Profitable Sunrise, yet she continued to solicit new investors. Court records refer to Novak as "John/Jane Doe" because the true identity has yet to be verified, and the person cannot be located.
During an investigatory hearing with the Division of Securities, the complaint maintains, Nancy Frazer testified that she expressed her concern to current and potential investors about the
lack of documentation only "if they asked about it."
Profitable Sunrise is not the first scheme Nancy Frazer has been a part of, the suit claims.
She has previously been involved with Ad Surf Daily, a multi-level marketing company out of Florida, whose founder pled guilty to wire fraud in May 2012. She also allegedly solicited investors or members for programs such as Profit Clicking, Fuel Freedom International and Zeek Rewards, which was the subject of action filed by the Securities Exchange Commission in August 2012. She currently is involved in Strongbrook Direct, and her position was allegedly purchased with funds donated to Focus Up Ministries.
Documents also indicate Rosebrock has been affiliated with Ad Surf Daily and Zeek Rewards in the past.
The motion filed Monday indicated that Nancy's husband David is the treasurer of Focus Up Ministries and was the branch manager, until April 2013, of Bryan's Huntington Bank, which holds six of the eight bank accounts identified in the suit. It is alleged he used his position at the bank to facilitate the scheme, opening the Focus Up Ministries account and making at least one wire transfer associated with Profitable Sunrise.
When contacted by The Times Tuesday, Huntington Public Relations Director Maureen Brown said, "It's our policy not to comment on personnel issues."
Kate Hanson, a public information officer with the Ohio Attorney General's Office, said that Huntington is not named as a defendant in the case, "and the bank cooperated with the investigation."
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The filing indicates the defendants face a civil penalty of up to $10,000 for each alleged violation, and Hanson explained that multiple counts of the violations could be found. In addition, the suit seeks restitution for investors, relief for charitable beneficiaries, fees and punitive damages.
She also said it remains unclear how many investors gave money to the defendants and how much money was involved. Individuals who invested in Profitable Sunrise or were solicited to invest by the defendants are advised to call the
Attorney General's Charitable Law Section at 614-466-3181.
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