Privacy

If your name has been mentioned on any of the posts of this blog and you would like to have it omitted or removed, please contact me directly. --- Adriana Trevino

Friday, February 21, 2014

Indictment - U.S. Department of Justice


Update as of 10-15-2018 -- The case (Trevino Vs Alfieri) has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.


UPDATE - January 16, 2015 Please read new post with updated information - Conviction

Last week I received an email from the U.S. Department of Justice Victim Notification System. I was hesitant to reply to it, as I did not recognize the name of the defendant. I thought it could be a "fake" email trying to get personal information from me.  It did have specific information and phone numbers to contact the Assistant US Attorney handling the case.

I was about to do some inquiring into this case today when I receive another email notifying me of another person getting indicted. I am also listed as a victim on that case. I started to think and remembered these two men who called me on the phone telling me there was someone interested in buying my timeshare. They had very detailed information about when I bought my timeshare, my annual fees, etc, etc. They also gave me a very convincing sales pitch to hire them to close the deal. I clearly remember that this happened around the time I invested the money to produce "Looking for Clarissa." I did not have much left in the bank. I believed that if I could get what these men promised from the sale of my time-share, I would be financially comfortable for a few months as I recovered from the huge investment in the independent film.

They called me constantly. They claimed that they had to collect "their fees" before closing, as I would get the total amount of the sale of my timeshare in my name. They sent me papers that seemed legitimate. I remember telling them that I could not invest that money. They assured me that the sale would close in one month.  It all seemed very fishy to me.  I got a big knot in my stomach, I remember. I should have listened to my intuition and common sense... Too bad I did not.

They called me every week to give me updates. They kept pushing the sale "closing" date constantly. This all happened in 2011 - while I was going through the filming of "Looking for Clarissa," the break up with Victor, his taking my money, his bogus lawsuit and damaging claims against me... while I tried to defend myself using the little money I had left.

By late 2011, when I was not able to contact these two men to get an update on the alleged "sale," I decided to close that chapter and not to invest more energy into it. I had clearly been scammed. What could I do? It made me upset but nothing compared to the legal battle with Victor Alfieri.

It makes me happy that justice DOES prevail, at least in some cases.  This is what I found on line about one of the con artists that defrauded me and over 3,000 other people.

United States Of America Vs. Michael Patrick Sullivan 
United States District Court For The Southern District Of Illinois
Criminal No.: 13-CR-30103-GPM

UPCOMING EVENTS: On October 17, 2013, Sullivan plead guilty to this charge. Sentencing has been set for March 6, 2014 at 9:00 a.m. in East St. Louis Illinois Federal Courthouse before District Judge Michael J. Reagan.
On May 22, 2013, Michael Patrick Sullivan, Jr., 37, of Las Vegas, Nevada, was named in a one-count indictment for conspiracy to commit wire fraud and mail fraud in violation of Title 18, United States Code, Section 1349 the United States Attorney for the Southern District of Illinois, Stephen R. Wigginton, announced today. If convicted, Sullivan is subject to a term of imprisonment of up to 25 years, a fine of $250,000 and five years of supervised release. 
The charge arose out of a telemarketing scam which operated in Las Vegas, Nevada, which the indictment alleged bilked over 3,000 victims of approximately 10 million dollars. Consumers were victimized in all fifty states, the District of Columbia and Puerto Rico, all ten Canadian provinces and the Northwest Territory of Canada, as well as Australia, Israel and the United Kingdom. There were at least twelve (12) victims in nine (9) of the thirty-eight (38) counties comprising the Southern District of Illinois. The indictment alleges that the scheme operated from December 5, 2006 until January 24, 2012.
The indictment alleges that Sullivan owned a telemarketing company, Vacation Max, which operated a timeshare resale scam. The company purported to be a Georgia corporation located in Delaware, but actually operated in Las Vegas, Nevada. The indictment alleges that the company falsely represented that they had found corporate buyers interested in acquiring blocks of timeshare units including the consumer's timeshare unit for purported business and tax purposes. The company solicited fees of up to several thousand dollars from each timeshare owner in purported pre-paid closing costs and related expenses. The indictment alleges that the purported sales did not occur and that Vacation Max did not successfully sell any consumer’s timeshare interest except a relatively small number at firesale prices.
This case is one of several cases recently prosecuted by the U.S. Attorney's Office for the Southern District of Illinois relating to timeshare resale fraud.  
The prosecution of the case is being handled by Assistant U.S. Attorneys Bruce E. Reppert and Nathan D. Stump.
An indictment is a formal charge against a defendant.  Under the law, a defendant is presumed to be innocent of a charge until proven guilty beyond a reasonable doubt to the satisfaction of a jury.

Here's a link to the press release and indictment US Department of Justice.

There is another person who has been named in a separate indictment for conspiracy to commit wire fraud and mail fraud. His name is John C. Nicosia. Criminal No 14-30009-MJR. He has been charged and there is a warrant for his arrest. I don't know if he has been apprehended yet.

Michael P. Sullivan Jr has already pled guilty to the charge. I hope he spends a long time in prison. I also hope that we, as victims, are given an opportunity to address the judge before his sentencing. Wouldn't it be great to get statements from over 3,000 people sharing how this scam affected us?

As to what Victor Alfieri did and continues to do to me, I do hope there will be some justice in the end. I am aware that I am not the only person who has been "victimized" by his deceiving and manipulative actions. I wish there were others willing to speak up and tell the truth. When we ignore and tolerate this type of behavior, we become enablers by helping perpetuate these unjust situations and unhealthy conduct.

Disclaimer – As of October 15, 2018, all legal issues (Trevino vs. Alfieri) have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft (Trevino vs. Alfieri). The resolution was mutually agreeable. There will be no more posts written about this story.


Thursday, February 13, 2014

Advocating for Justice


Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

----

I recently received a letter from attorney Manuel Saint Martin on behalf of Bondolini Productions and Victor Alfieri by email. The letter demands the return of business records, contracts and anything related to the production of "Looking for Clarissa" within seven days from the date of the letter, February 7, 2014.

I promptly replied to Mr. Saint Martin's communication by email.
Mr. Saint Martin,
Please see email below. These are my requests. The only difference is that communication can be done through you, if you are willing to do so.
Let me remind you that Victor Alfieri breached the contract repeatedly. He took MY money and used it to hire attorney Roger Muse to sue me.  I believe that is CONVERSION and clearly BREACH OF CONTRACT.
Alfieri has not provided proof of all expenditures.  My simple requests listed below will guarantee fairness for both parties and clear communication.  Of course I do want to recover my investment. However, Alfieri has not proven to be a reliable, nor a trustworthy person.
I am willing to discuss this with you.
Adriana Trevino
I did not hear from Mr. Saint Martin and again, on February 11, I forwarded to him my original message while stating, "I am forwarding you this email I sent to you on Friday in case you did not receive it."

Again, I did not hear from attorney Saint Martin. So I decided to call him on the phone today. After a couple of rings, he picked up. I thought I would be talking with a reasonable person - a person with common sense that would help facilitate compliance with the agreements signed and with the proposed amendments.

I was shocked with the way Mr. Saint Martin conducted himself. It is my opinion that he was extremely rude and condescending... even sarcastic.  When I simply introduced myself and asked, "did you receive my emails?" he said, "I received nothing from you."  When I started talking about the several things I was requesting that, in my opinion, would guarantee "fairness" to both Victor and me, he interrupted and threatened to demand an immediate arbitration hearing.

Why would an attorney do this when there is room for negotiation? My original investment agreement states that there could be amendments if both parties agree in writing. I am not asking for anything out of the ordinary. Negotiation is actually suggested and sometimes "required" before any hearing is demanded.

Manuel Saint Martin said that I was in breach of contract to what I replied, "and what do you call what your client did, taking my money to use it to hire attorney Roger Muse to sue me? Isn't that breach of contract... and it is also conversion."  I believe that he did not appreciate this statement.

I also said to him that he should learn the facts of the case before making such demands and threats to me. I said, "You should learn a little more about the people you choose to represent." He quickly responded that he was simply acting as a legal representative or mediator to get those documents back.  Why would he say he is a "mediator" if the last thing he is doing is mediate. He is simply intimidating and voicing "legal" threats.

I then added, "I know Victor is not paying you. You are doing this as a favor to him." At this point, he sounded irritated and had clearly lost his patience. He immediately said, "yes, but that is not important because, I will go after you to pay for my fees."

I know he meant if Victor prevailed in the arbitration hearing, I would be responsible for his fees. But the way he yelled and threatened me was truly unjustified. Is this the way to "advocate for justice"?

After I hung up the phone with Mr. Saint Martin, I could not help but wonder...
Is he expecting to recover attorney's fees from me through this arbitration hearing because Victor is not paying him?  
Did he tell Victor about the points we can negotiate to avoid any further legal action and unnecessary expenses? 
Has he informed Victor of the consequences of losing (or not prevailing) and his liability to pay for my attorney's fees and for the costs of the arbitration?
Why didn't Saint Martin respond to my two emails? Attorneys are supposed to respond to any communication from opposing parties especially when a settlement or agreement can be reached. 
I am puzzled by Mr. Saint Martin's inexplicable refusal to discuss points to negotiate. His actions are not helping his client but preventing us from moving forward with the sale and distribution of "Looking for Clarissa."

Now I am just waiting to receive his demand for arbitration in writing via email or regular mail.  I am actually looking forward to it. I will finally have a chance to present my case to a neutral party although it would only be the business/contractual aspect of it.

Justice will prevail.



Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.







Saturday, February 1, 2014

Being Brave



Update as of 10-15-2018 -- The case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

----

Last night a male friend of mine said to me that having all these details of my relationship with Victor over the internet was a big "turn off." His advice to me was not to talk about it. "And these lawsuits..." he started saying, "I did not start any of this" I interrupted. And not to talk about it??? It was not a choice for me anymore. My reputation and business were greatly damaged because of this. I had to clear my name somehow.

This friend then said, "you must have done something to make him do what he did to you." I don't believe I am responsible for Victor's actions. However, I would have to agree with my friend to some degree. This "Trevino-Alfieri Story" would have not happened if I had not stayed in a relationship with Victor - a relationship as a lover, friend or business partner. I chose to stay. I chose to trust him. I chose to invest in his film. I chose not to speak up when I disagreed. I always had a choice... And I certainly made a choice every time.

I finally feel that I am starting to recover from this whole experience. I believe I have come a long way. But, why am I so hurt by my friend's words?... So what am I supposed to do now? Should I take down this blog? Should I stop writing my book? Should I go curl up in a corner and swallow my truth? Should I shove this whole experience (the good and the bad) into a dark closet where "shameful" stories are to be hidden?

No! I have chosen to be brave and speak up. As to being courageous and honest, my friend Jane told me of a very popular song that addresses these two qualities. The song is "Brave" by Sara Bareilles. "Nothing's gonna hurt you the way that words do when they settle beneath your skin, kept on the inside and no sunlight. Sometimes the shadow wins. But I wonder what would happen if you say what you wanna say and let the words fall out. Honestly, I wanna see you be brave."

The lyrics to this great song speak to me loudly, just as I imagine they do to many other people. "Don't run, stop holding your tongue. Maybe there's a way out of the cage where you live. Maybe one of these days you can let the light in. Show me how big your brave is."

And the song goes on to say, "And since your history of silence won't do you any good. Did you think it would? Let your words be anything but empty. Why don't you tell them the truth?"

So I told my truth!!! And I continue sharing it with anyone who cares to read my words. Some will understand me a little better and will feel empathy. Some will be critical and will judge me. Others will get triggered or annoyed with my story and its details. Some might even take it personally... And maybe some will feel deeply touched and inspired to stop hiding and speak up their own truth.

---------------------

Thank you, Sara Bareilles for your wonderful uplifting and inspiring song.
I will keep it as part of my blog to remind us that we can all be brave and live in our truth!!!


"BRAVE"

You can be amazing
You can turn a phrase into a weapon or a drug
You can be the outcast
Or be the backlash of somebody's lack of love
Or you can start speaking up

Nothing's gonna hurt you the way that words do
When they settle 'neath your skin
Kept on the inside and no sunlight
Sometimes the shadow wins
But I wonder what would happen if you

Say what you wanna say
And let the words fall out
Honestly I wanna see you be brave

With what you want to say
And let the words fall out
Honestly I wanna see you be brave

I just want to see you
I just want to see you
I just want to see you
I wanna see you be brave

I just want to see you
I just want to see you
I just want to see you
I wanna see you be brave

Everybody's been there, everybody's been stared down
By the enemy
Fallen for the fear and done some disappearing
Bow down to the mighty
Don't run, stop holding your tongue
Maybe there's a way out of the cage where you live
Maybe one of these days you can let the light in
Show me how big your brave is

Say what you wanna say
And let the words fall out
Honestly I wanna see you be brave

With what you want to say
And let the words fall out
Honestly I wanna see you be brave

And since your history of silence
Won't do you any good
Did you think it would?
Let your words be anything but empty
Why don't you tell them the truth?

Say what you wanna say
And let the words fall out
Honestly I wanna see you be brave

With what you want to say
And let the words fall out
Honestly I wanna see you be brave

I just want to see you
I just want to see you
I just want to see you
I want to see you be brave

I just want to see you
I just want to see you
I just want to see you
I want to see you be brave

I just want to see you
I just want to see you
I just want to see you
I want see you be brave

I just want to see you
I just want to see you
I just want to see you.

Songwriters
BAREILLES, SARA / ANTONOFF, JACK

Published by
Lyrics © Sony/ATV Music Publishing LLC

-------------

There are two songs that remind me how important it is to speak up and tell my truth. "Brave," by Sara Bareilles is one, the other is Katy Perry's "Roar."  I found this interesting video on YouTube. 

I did have this very choice to make when I wrote this post - ""Roar" Vs. "Brave."
I chose "Brave." 




Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.