LAWFUEL – The Law News Network – R. Alexander Acosta, United…

LAWFUEL – The Law News Network – R. Alexander Acosta, United States Attorney for the Southern District of Florida, and Enrique Gutierrez, Postal Inspector in Charge, United States Postal Inspection Service, announced today that defendant, Rick Nye, was sentenced this morning by United States District Court Judge Kenneth A. Marra, in connection with his participation in fraudulent business opportunity sales at a firm called AmeriP.O.S. Inc. Nye was sentenced to forty-eight (48) months’ imprisonment, three (3) years of supervised release, and ordered to pay $16,626,567.94 in restitution.

According to charging documents, Nye engaged in the fraudulent sale of business opportunities through AmeriP.O.S. Inc. AmeriP.O.S. engaged in the sale of point-of-sale (“P.O.S.”) terminal business opportunities. For a minimum purchase price of approximately $12,000, potential purchasers were told they would receive several P.O.S. terminals, and assistance in establishing, maintaining, and operating a P.O.S. terminal business. The defendants falsely claimed that a business opportunity purchaser, known as a “distributor,” would earn substantial profits when members of the public purchased products, such as pre-paid debit cards, pre-paid phone cards, and pre-paid Internet services, from the distributor’s P.O.S. terminals. Nye and others fraudulently induced over 1,500 consumers to invest a total of approximately $20 million in AmeriP.O.S.

According to charging documents, defendant Nye was made the nominee President of AmeriP.O.S. by the firm’s undisclosed principals. Defendant Nye knew that he was named President because the principals needed someone with a clean record to serve as the front for the business. Nye pled guilty to mail fraud, in violation of 18 U.S.C. § 1341, on July 14, 2005.

Mr. Acosta commended the investigative efforts of the Postal Inspection Service. These cases are being prosecuted by Richard Goldberg and Jill Furman, Trial Attorneys, United States Department of Justice, Office of Consumer Litigation, and Special Assistant United States Attorney Stephen Gurwitz.

A copy of all press release may be found on the website of the United States Attorney’s Office for the Southern District of Florida at . Related court documents and information may be found on the website of the District Court for the Southern District of Florida at or on .

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