IOS / Balsiger et. al Civil Action
DEFENDANTS
U.S. CIVIL ACTION – EASTERN DISTRICT of WISCONSIN
PLAINTIFFS:
BEIEDORF, INC., BRISTOL-MEYERS, SQUIBB COMPANY, COMMONWEALTH BRANDS INC., ENERGIZER BATTERY INC., GENERAL MILLS INC. GEORGIA PACIFIC CONSUMER PRODUCTS, LP, DIXIE CONSUMER PRODUCTS LLC, HORMEL FOODS CORPORATION, THE J.M SMUCKER COMPANY, JOHNSON & JOHNSON, KELLOGG COMPANY, KIMBERLY CLARK GLOBAL SALES INC., KRAFT FOOD GLOBAL INC., LAND O LAKES, INC., LORRILARD TOBACCO COMPANY, MCCORMICK & COMPANY, INC., NESTLE USA, INC., NESTLE PURINA PETCARE COMPANY, PEPSICO INC., THE PROCTOR & GAMBLE DISTRIBUTING LLC, S.C.JOHNSON & SONS, INC., CONOPCO, INC. D/B/A UNILEVER.
On October 4, 2007 the plaintiffs filed a 29 page Civil Complaint action against the defendants for violations of the Racketeer Influenced and Corrupt Organizations Act, 18 USC sec. 1961 et seq (RICO) as well as Common Law Fraud, Failure to Disclose and Unjust Enrichment.
The complaint details the Defendants scheme. It complains that IOS is the largest coupon clearinghouse for retailers. IOS and its predecessors have been in business since 1961.IOS has processed hundreds or millions of coupons annually and on behalf of major retailers.
The complaint further states that “although the defendants scheme was multi-faceted, at its most fundamental level it involved simple augmenting the substantial volumes of properly redeemed coupons that IOS received from certain of its major retailer clients with other coupons that IOS acquired and then fraudulently submitting the entire batch as if all of the coupons had been redeemed legitimately by consumers at the designated retailer.”
“Through this scheme the defendants induced manufacturers, including Plaintiffs to pay hundreds of millions of dollars pursuant to invoices that the defendants knew were fraudulent.”
The defendants were civil charged with;
Count 1 – Federal Racketeer Influenced and Corrupt Organizations Act, , Title 18 USC - 1962 (all Defendants)
Count ll – Federal Racketeer Influence And Corrupt Organizations Act – Title 18 –USC – 1962d (all defendants)
Count lll – Common Law Fraud ( Defendants IOS and Balsiger)
Count lV – Common Law Conspiracy to Defraud ( All Defendants)
Count V – Common Law Unjust Enrichment ( All Defendants)
Specific details of each act and the details of the scheme and various defendants’ roles and non-defendants role in this scheme can be found in our link to this site.
The IOS saga continues…
This is a Civil Action, while the Criminal Action is Pending…
All Defendants are presumed innocent. The claims and actions by the Plaintiffs is an effort to recover hundreds of millions (estimated at $150,000,000) in assets from the defendants.
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Labels: BALSIGER, Coupon Fraud, Court Update, IOS
