Working Multiple MLM Programs: A Gross Fallacy of Logic

By Len Clements (c) 1998

Of over 6,000 active network marketers who were surveyed from 1990 to 1999, 55% said they were focusing on building one, and just one, network marketing company. Nineteen percent said they were an active distributor for two MLM companies. Three or more MLM programs were being simultaneously pursued by 26% of those surveyed. The record, to my knowledge, for most MLM opportunities pursued at one time is 36!

So, 45% of all those surveyed are basing their MLM careers on a gross fallacy of logic.

The rationalization for trying to build a downline in more than one MLM program usually includes the quite factual statement that over 96% of all MLM companies fail, thus we should “diversify” our effort. The dread of building a successful organization only to see it evaporate when the company falters can be an enticing motivation to build a downline in more than one deal. It can also create a self fulfilling outcome. By diversifying your efforts you actually increase you chance of failure in all of the opportunities you’re working!

This same logic was employed by my fourth grade teacher just before a field trip (true story). We were told to bring $20 for spending money in the form of four $5 bills. Then, she suggested, we could put one bill in four different pockets thus decreasing our chances of losing the whole 20 bucks (because we might have a hole in our pocket). But even at the age of nine I was old enough to realize that while I was reducing my odds of losing it all, I was quadrupling my chances of losing something. At best, this strategy seemed to be a break-even proposition.

Let’s apply this same logic to other situations in our lives. Since there is always the threat of being laid off from your job, or your employer going out of business, let’s work three or four jobs. And to keep with the same logic used by multi-MLM promoters, you’d be working all three or four of those jobs at the same time. Or how about the high divorce rate? Over half of all marriages in this country now end in failure. Well, let’s marry five people. That way if one relationship fails, we’ve got the other four to hold the family together. What about religion? There are dozens, if not hundreds, to choose from. Since there is (allegedly) only one true path to God, let’s put our faith in Christianity, Hinduism, Buddhism, and Judaism — that way we’re sure to be covered.

Obviously, to do any of the things I’ve just described would be absurd. Clearly, in every situation your chances for success would be reduced to zero. Yet this is considered a very practical, common sense approach by some MLM enthusiasts. They suggest that if you could have success in one MLM program, you could have even more success if you joined several. But the one constant, absolute fallacy that exists in all of these scenarios is that you can give 100% of your attention to more than one thing! Any fourth grader who got a C+ in math will tell you that’s simply an impossibility. For every minute you’re building the downline in Company A, you’re not building the downline in Companies B, C, D and E. Some MLM portfolio promoters will tell you that, in fact, they are. They somehow manage to get folks to join several MLM companies at once. Besides the serious legal implications (more on that in a moment), it’s also very likely a misleading ploy. Here’s the catch: They only get them to enroll — that’s all. It’s easy to get people to fill out a few lines on an application, or call an 800 number. Hey, let’s create an even “better” recruiting system where all your prospect has to do to join is make eye contact with you. Then you can exclaim in your fax blasts and on-line spam how your system has “built a downline of over 10,000 people in less than 30 days!!!” (unfortunately, I’m only slightly exaggerating). Think about it. Why would someone buy qualifying product from five or six MLM programs that they’ve just joined? What would they be qualifying for? They have no downline!

Actually, it is far more common to see MLM portfolio promoters build their downlines in each company on a serial basis rather than parallel. In other words, they get you to join Company A, then once your income has reached the point where it will pay for the qualifying order in Company B they instruct you to join (or automatically place you in) Company B. Once your income from B will pay for the monthly qualifying order in Company C, you join your third company, and so on. So, by the time you’re in all six companies you can finally afford your dream home — assuming your mortgage company will accept the mountain of vitamins and shampoo you’ve collected as payment.

Over the last few years, in an attempt to resolve this challenge, the trend has been to fill the portfolio full of service companies. The result is, yes, less stockpiling of product – and far less income. The portfolio collapses even if it does succeed in building a significant downline because no one can make any money from 1/4% of a $25 phone bill or 2% of a $9.95 internet access fee, no matter how many such companies you’re in.

Another argument put forth by multi-program builders is that it’s okay to build more than one opportunity as long as the products don’t compete. However, as we all know, the business opportunity is a product unto itself – and it will always compete. And there can only be one “best” opportunity. If one company sells nutritional products, another sells water filters, and another sells long distance service, you should judge each based on fundamental economics. Which has the potential to move the most commissionable sales volume (based on price, quality and market size), and which pay plan will best reward you (based on your income agenda) for creating that sales volume? Also, which company is most likely to remain viable, and which offers the most efficient, proven support system? If graded in all four categories, only ONE company in the portfolio will come out on top. So why bother spending time, effort and money on the inferior opportunities? The standard response (I’ve heard them all) is that one prospect might be more interested in selling long distance service while another might be into health and nutrition. It’s good to have something to offer each of them. But let’s be clear on what these two prospects are really looking for — the opportunity to make money! If you are convinced the best financial opportunity is in tangible, consumable health products, then explain to the long distance guy why he’s looking in the wrong place. In fact, if you honestly believed there was more money in nutritionals than long distance, you would be doing this prospect a disservice by not trying to steer him towards what you believe is the “best” financial opportunity. Nutritionals and long distance are just two arbitrary examples. This would apply to whatever type of MLM program you thought was the one, very best way to earn a living in this business.

The illusion that is exploited in many MLM portfolio schemes is that someday perhaps 1,000 total people join your portfolio and you’ll then end up with 1,000 people in, say, five different MLM programs. Actually, it would likely take 4,000 – 5,000 total people. Sure, a few will join multiple companies, but most will be split between one or two. So, worst case, those 1,000 people will be made up of 200 in each of the five companies. You might be thinking, “So what? If I could make $5,000 from 1,000 people, who cares if it’s 1,000 in one or 200 in five?” Here’s another exploited illusion: The whole is equal to the sum of it’s parts. In reality, each MLM program will have quotas and qualifications, right? The higher the sales volume the greater and deeper the pay out. Plus, there would be substantially less attrition if you pulled all 1,000 into one program since far more people would have a downline. So, five little downlines would very likely NOT earn you the same as one big downline. Depending on the qualifications and type of compensation plan, you could potentially earn over twice the income by concentrating those 1,000 people into one organization.

Some folks suggest that you join multiple MLM programs to purchase their great products. They have a noble “industry first” attitude and don’t mind buying from competitors. This I totally agree with! I routinely buy products from four different MLM companies, but I focus 100% of my attention to building a downline in ONE.

The legal concern lies in the motivation to join an MLM opportunity. As myriad legal precedents would attest, we’re supposed to be joining MLM programs because we love the products and want to make money selling them to others. Commissions and bonuses are only supposed to be derived from product volume that would exist outside of the income opportunity (people would buy the products because they actually want them, not as a token act to meet a quota). Now, you tell me — when people are induced into joining a recruiting system based on enrolling in multiple MLM companies (because they’ll make more money and have more security that way), what is most likely the primary motivation to join? Company A’s great skin lotion? Company D’s mediocre 7.9¢ long distance rate? Come on. Most portfolio deals are heavily focused on recruitment, not product sales, and that’s a major regulatory red flag. There’s little wonder why some MLM companies forbid their inclusion in MLM portfolio schemes. Think about that. Why would they not want to be included? Wouldn’t it be better to share distributors with other companies than to not have them at all? The reason is legal, not financial.

If, hypothetically, the portfolio participants really are getting involved in all the companies to really market the products, then they now have to study and understand four, fix, six, maybe even ten different compensation plans and product lines! Think about the challenge most distributors go through just getting to fully comprehend the features and benefits of one plan and product line. Again, though, we’re optimistically assuming in this case that the participants actually care about the comp plan and products offered by the various companies.

Okay, so what if the one company you built in goes out of business? First of all, you only have to avoid start ups (those less than two years old) and your chances of picking a long term company skyrocket (ironically, most MLM portfolios I’ve seen over the years are made up of mostly start ups). Secondly, even if your company does go under, well, you’ll have to try to move them into another company. In other words, you’ll do the exact same thing the portfolio manager is going to try to do. Isn’t the one downline you focused on building just like your portfolio of one company? A portfolio manager would likely counter by suggesting it’s far easier to move the entire group in a portfolio system. With a well constructed portfolio deal the manager will have a database of the same downline that the failed company had, so he’ll attempt to automatically move the entire downline into the new replacement company in the portfolio. So, in that case, there’s absolutely no question that the products were secondary (if not completely irrelevant) to those people’s participation in the replacement company. If the group doesn’t follow the leader into the new company, then the “security” aspect was bogus; and if they do, the big red legal flag just got bigger and redder.

Of course, we really don’t have to theorize when it comes to MLM portfolio schemes. They are as old as MLM (over half a century). They proliferated in the late 80’s and literally dozens upon dozens came and went during the 90’s. In fact, the failure rate of MLM portfolio schemes is even greater than that of start up MLM companies (96% within two years). Today, I know of only one still in operation. It claims to be thriving, yet the majority of income appears to be coming from one, primary nutritional company.

Let’s just look at this logically. If pursuing multiple MLM companies is the way to go, then why, out of hundreds of portfolio deals over the years, with thousands of participants, not one person has ever maintained even a modest $5,000 monthly income? Sure, a few rare exceptions exist where someone is earning over $5,000 who is involved in more than one company. But it works somewhat the same way as the all time Major League home run record by a brother combo (767). Tommy Aaron hit 12, his brother Hank hit 755. So, if you earned $4,700 from one company, and $100 from three others, you could rightfully claim, “Len Clements is wrong! I’m working four MLM companies at the same time and I’m making $5,000 per month — so there!” Then I’d say, show me a $5,000 income from a portfolio of more than two companies with no more than half coming from any one company. Then there would be silence.

MLM is a 65 year-old industry, folks. Everything has been tried.

Everything you see today is just a variation of what’s already been done over and over. Portfolio schemes are one of the oldest, most tried concepts in MLM history. History doesn’t lie. Nor does the graveyard full of dead portfolio deals. If it works so well, if there are so many advantages to doing it this way, then why isn’t everyone doing it? In fact, pursuing multiple MLM programs is a concept that is almost unanimously discredited by the most successful MLM professionals working today (the ones whose methods you’d think would make the most sense to duplicate). The richest, most successful distributors all focused like a laser beam on building ONE downline.

It’s true, there’s a very high failure rate among MLM distributors. Perhaps one reason might be that 45% of them think they can give 100% to more than one opportunity.

Ask a fourth-grader to do the math.

Network Marketing Products Claims

By Len Clements © 2000

Network marketing doesn’t have the greatest reputation. Indeed, it’s considered by many to be ripe with pyramid schemes and snake oil salesmen. Yes, I actually said that, right here in the pages of a popular network marketing magazine. Why? Well, because it is, God forbid, the truth! And when the MLM media tries to pull the wool over everyone’s eyes by hiding such dirty little secrets and presenting a glorified, Polyannish, everything-wonderful facade, nothing gets fixed. Like a drug addict in denial – we have to first accept that there is a problem before we can take action to cure it. So enough of this “everything’s wonderful” propaganda.

We have a problem. 

We’ll deal with the pyramid issue in a future issue (and, oh, we will), but since we’re on the subject of “cures” let’s tackle this challenge first. You see, we have an industry bursting at the seams with wonderful, healthy, effective, high quality products that we should be so proud of. The goods that we sell should, for the most part, be our very claim to legitimacy, respect, and acceptance. However, due to a very high profile minority, we are often looked upon the same way as those dusty ol’ pushers of “Doctor Jack’s Cure All Elixir.” Indeed, the claims being made by some today are even more outrageous than those that were attributed to snake oil itself! 

I held a contest in my newsletter recently where I described the basic pitch behind several MLM products. All but one was real, the other I completely made up. The readers were to then guess which was the bogus product. Among the possibilities was a topical gel that helped the body heal by emitted inaudible sound waves; a supplement that contained water with oxygen in it (so you could consume more oxygen that you breath); some capsules that, when consumed, align your body’s electrical matrix; another that introduces glowing phosphates into the bloodstream causing viruses to go dormant (their growth is inhibited by light); an antibody trainer that teaches your good bugs to recognize virtually all viral infections; a perfume made from sour milk; a product that boosts “longevity signals” to the brain causing a 50 year old man to turn 34 within 6 months; shoe insoles with strategically placed bumps that can heal numerous ailments by massaging specific parts of the foot; and even a breast enlargement pill that doubled as a treatment for PMS and hot flashes. Also on the list was some amazing little water crystals that; increased your car’s mileage and power, made water freeze at room temperature, made skin care products work 85% better, and cleaned your clothes for seven years without laundry detergent. Incredible! 

There’s yet another amazing product sold via several MLM companies today that allegedly treats practically every ailment imaginable. It comes from a common tropical fruit and has been used for over 2,000 years for it’s miracle properties, yet has only just now been discovered by modern scientists (yes, this one’s real). I’m picking on this particular product not only because of it’s current popularity, but because, well, it’s just so darn easy. After reviewing several distributor web sites, numerous display ads, informational cassettes, and listening in on a couple of live, national opportunity calls, it does indeed appear as if this not-so-pleasent tasting juice will not only fix any ailment, it will grow hair, increase your IQ, lower your golf score and make you lose all memory of the 70’s! Okay, I made up the part after “fix any ailment,” but sheesh, give it time… 

The testimonials for this product, like many others, seem to always fit whatever the prospect want’s to relieve – even if they are in direct contradiction. In one recent live call, a testimony was given claiming the juice helped with the subject’s insomnia. The moderator then called upon another user who gave this, verbatim, testimonial: “I’ve been on the juice for 2 weeks. Energy! That’s definitely the number one thing you notice. I mean, there’s no sleeping – if you want you could go 24 hours a day, but the main thing is there’s so much energy. I was having sleeping problems through the night too – you sleep like a baby.” No, I didn’t make that up. 

Yet another popular product was marketed for most of last year with the catch phrase “Stop Sickness and Disease Forever!” That was the antibody trainer listed above. According to the numerous testimonials and fax-spam I received, no matter what you had, this product fixed it. Tired? It gave you energy. In pain? It stopped it. Cancer? No problem. AIDS? Piece o’ cake. Common cold? Gone. 

Folks, think about it. Let’s use some common sense, logic and rational thinking here. If the water crystals, the antibody trainer, or the juice, or any products making similar claims really produced the results claimed, it would literally be the single greatest scientific breakthrough in the history of the human race. It would be the lead story of every newspaper and television station in the world, the inventor of the substance would by honored with a ticker tape parade on the way to picking up his Nobel Prize, it would be on the store shelves of every supermarket with lines extending out the front door to buy it, and the pharmaceutical industry would be spending billions to have it regulated as a drug! Not to mention the average human life span would double, with all that that entails. And, quite frankly, the product would not be introduced by a small, start up network marketing company, but rather by the major mainstream corporation that won the multi-billion dollar bidding war for the rights to it! 

You don’t always have to be a nutritionist or doctor to see what’s wrong with the picture either. Again, it just takes a little logic and common sense. Case in point: A marketer of a spray vitamin product claimed that a liquid vitamin dropped into the mouth would result in 80% adsorption. If introduced into the mouth as a spray, 90% absorption. Okay. So, isn’t the spray only a spray while it travels through the air? Once it hits the surface of your mouth doesn’t it become – a liquid? Or, what about this Human Growth Hormone craze? When the marketer begins to describe results similar to the swimming pool in the movie Cocoon, where 75 year old men become biologically 50 again, it only takes ten minutes on the net to discover that these results are related to controlled test subjects who were injected with pure HGH (at $300 per dose) – not from any over-the-counter HGH product that contains no HGH. No, they don’t have “Bovine derived” or “plant derived” Human Growth Hormone. Cows and plants don’t have human hormones in them. What’s being sold is a “precursor,” not the real stuff. To market a product in this manner is tantamount to selling a Hugo based on the performance data of a Porsche. And didn’t ya’ just know that an MLM company would suddenly discover an “Herbal Viagra?” I mean, with three billion guys on this planet, and millions of years of searching, I’m pretty sure that if a common plant could do the same thing as Viagra we would have discovered it by now. And the Earth would either be completely depleted of it, or completely covered with it.

And here’s the real disturbing part – even if the product really does do what they say it does, you can’t say it does it! The FDA and FTC have very strict rules about this. The FTC is concerned with “substantiation” of the claims. They’ll want you to prove the claims are true, and a study by a doctor or two, or a gazillion testimonials, is not scientific substantiation. What’s more, even if there was substantial scientific data to prove the claim (and again, if there was, see two paragraphs up) and the FTC was satisfied, then the FDA steps in and says, What you’ve just substantiated is that you’re selling an unapproved new drug! The FDA cares about how the product is classified, and to be classified as a drug, thus allowing for the miracle claims, requires many years of research, double blind studies, and millions of dollars. So, if one doesn’t getcha’ the other one will. 

Many multilevel marketers have tried to be sly with their language, thinking if they make the claim without really saying it, they can fly under the radar. For example, “Cardiologists use our product” instead of “our product treats heart disease,” or “Stick your tongue out at the Flu” rather than “prevents the flu” or “Bolsters the body’s own defense” rather than “antiviral.” However, both federal agencies go by the “net impression” of the claim. In fact, all examples above are those used by these agencies in their published marketing guidelines (see “Dietary Supplements: An Advertising Guide for Industry” at www.ftc.gov, or the list of Warning Letters atwww.fda.gov). Also, you’ll find that personal testimonials are not safe haven. The company is fully responsible for the claims made by their independent distributors. 

So… which was the fake product? It wasn’t the antibody trainer, water crystals, or soundwave gel (the top three vote getters), alas, it was one of those that received zero votes… the luminescent blood product. But then, one reader has since informed me that she has heard of such a product! Wouldn’t surprise me a bit. 

As an industry, network marketing can take a giant step up in respectability by toning down the outrageous claims being made about some of our products by some of our more over-zealous participants. We don’t need to do this to sell our goods. They’re good goods! So many of our products can easily sell on their own merits. Rather than making ridiculous claims, let’s just use the same method alkaseltzer successfully used in the 70’s… 

Try it, you’ll like it!

How Toxic is Your Spaghetti Sauce?

A Case Against the “Harmful Ingredients” Hogwash

By Len Clements © 2000

There are two ways to sell a product: Explain to your potential customer why they should by yours, or why they shouldn’t buy someone else’s. The tough part is trying to find something wrong with every competing product. In the case of cosmetics and personal care products the task has been simplified by the commonalities of the various formulations. Make a case for avoiding Sodium Lauryl Sulfate (SLS), Propylene Glycol, Glycerin, Alcohol, or Mineral Oil and you’ve eliminated about 95% of your competition. That’s exactly what a growing number of MLM companies are now attempting to do, and with success. However, there’s a problem – there’s no case.

This torrent of “Harmful Ingredients” propaganda is a phenomenon virtually exclusive to network marketing with the bulk of it traceable to one particular company, although several others have recently joined the battle to save us from the perils that lurk in our bathroom cabinet.1 The list of “dangerous” ingredients vary little from company to company. The primary targets are the aforementioned Propylene Glycol, Glycerin, Mineral Oil, Alcohol, SLS, and it’s close cousin Sodium Laureth Sulfate (SLES).

Sodium Lauryl Sulfate suffers a guilt by association with “engine degreasers” as does Propylene Glycol with “industrial antifreeze,” and other dirty, disgusting sounding applications. Yes, it’s true that the antifreeze in your car’s radiator is mostly Propylene Glycol, and the stuff the car wash uses to clean the grime from it contains SLS. But here’s a question that needs to be asked that no one seems to be asking – so what? Why is the fact that a certain substance is used for some other totally non-human application make it harmful to humans? When someone first discovered that baking soda can also reduce unpleasant odors, did cakes baked with this substance suddenly become harmful? After all, those cakes were now being baked with a “litter box deodorizer.” When you’re at the movies and you buy your obligatory cola and popcorn are you not eating “industrial packaging material” flavored with a “compost catalyst” and washing it down with a “battery corrosion remover?” After all, those are alternative uses for popcorn, the primary substance in butter flavoring, and cola respectively.

What’s more, most antifreezes used to be made with Ethylene Glycol. According to an article in the LA Times (1995), Ethylene Glycol that dripped from cars was found in the ground water below the streets of LA and was making the water toxic. A safer, non-toxic substitute needed to be found and that was Propylene Glycol. So, were shampoos that contained Propylene Glycol somehow more harmful right after some antifreeze manufacturers made the switch? Come on. Truth be told, the whole “industrial antifreeze” angle is nothing more that a psychological ploy. Think about it. Why is the word “industrial” even used here? Antifreeze is antifreeze whether you use it in a steamroller or your family car. Clearly, it’s to make it sound dirtier. The propagandists want you to associate moisturizing your skin with a Propylene Glycol laced lotion with rubbing dirty, grimy, green antifreeze on your face. It’s an illusion. It’s a mind game designed to create the perception of danger and disgust – and people are buying into it by the thousands.

Let’s follow this logic a bit further. Antifreeze isn’t entirely made up of Propylene Glycol, nor is engine degreasers all SLS. There’s certainly a lot of it in there, but not all. In fact, some antifreezes are about 99% Propylene Glycol. But, does that really make Propylene Glycol an “industrial antifreeze?” If you say Yes, then be aware the next time you take a shower that you’re bathing in blood! After all, blood is 99% water. Right? (Sorry if that was a gross analogy – hey, I could have used urine!). I’m not debating whether Propylene Glycol “is” antifreeze so much as I’m trying to point out that just because a vile substance that you’d never put on or in your body is mostly made up of another substance, that doesn’t necessarily mean that other substance would be bad for you. In fact, no where is there even a shred of evidence that these other uses for SLS or Propylene Glycol make them any more harmful to humans. It’s a scheme designed by the propagandists to make them seem more harmful. That’s all.

Another common substance found in numerous personal care products that has received surprisingly little attention considering it’s rap sheet is dihydrogen monoxide. Admittedly, this substance does seem to pose a legitimate danger. It’s gas is a by-product in the creation of nuclear power, it can cause excessive sweating and vomiting, it is abundant in tumors of terminal cancer patients, it’s also found in the tissues of vital organs of over 90% of all stroke victims, can kill an adult human in less than six minutes if inhaled, and is the primary component of acid rain. In fact, this substance is so lethal that it once killed over 900 people on a small island off the southern coast of Japan in less than 20 minutes! Should we be avoiding dihydrogen monoxide? That’d be pretty hard to do. It’s only the most abundant substance on the face of the Earth. Yes, dihydrogen monoxide is (how many of you saw this coming?)… water.

You see, anything can be made to sound like the most deadly substance ever discovered.

Let’s take a giant step back and look at the big picture. There are over six billion people on Earth, so let’s be pessimists and assume five billion wash there hair at least once a day. Most of the “harmful” ingredients in shampoo have been common components for over half a century. Do the math, folks. That’s over 100,000,000,000,000 (100 quadrillion) applications of these substances to human skin, yet not one bit of evidence exists that they have caused any harmful effect on even one single human being. Of all the maladies these “harmful” substances allegedly cause, you would think some doctor somewhere in the world would have directly linked just one to any of these substances by now.

Instead, the propagandists have had to resort to circumstantial evidence, and even this case is a flimsy one. One very common method used to convince prospective buyers that certain substances are “harmful” is to site the results of animal testing. For example, when SLS, Alcohol, Propylene Glycol, and various other common substances are applied to the skin of lab rats, their skin does become irritated. So, why should we not be concerned about putting these substances on our skin? Well, because you’re probably not going to go to a chemical supply company and buy raw, pure, SLS or Propylene Glycol, then shave a bald spot on your head, rub the stuff into the bald spot and leave it sit there all day, day after day, for a week or two! What happens to lab animals who are exposed to the raw substance over a prolonged period of time is not the same as what happens when a human applies a shampoo containing SLS that’s diluted as much as 100-to-one with other ingredients that is washed off in a matter of seconds (cinnamon oil will burn the skin in its undiluted form, so should we avoid Hot Tamales candy, too?). Besides, how many times do we hear about promising results in cancer or AIDS research based on positive results in animal studies that never end up benefiting humans? In fact, the vast majority of positive animal studies don’t transfer to humans, so why, at least according to some personal care product marketers, should we assume that any, if not all, negative results will transfer to humans? I’m not saying it won’t, but the fact a rat got a rash certainly offers no proof a human will. Nor would it even if the rat were to experience cancer, blindness, birth defects, brain damage or any of the other ominous, alleged risks associated with these “harmful” substances.

One marketer of “safe” products sited the exceptionally high rate of illness among salon workers. The implication being, they have their hands immersed in lotions and shampoos laced with so many harmful ingredients. However, again there is no scientific evidence that these substances cause illness in humans, but the prolonged exposure to the fumes from finger nail polish and polish remover have been found to cause numerous ill effects. What’s the first thing you smell when you walk into a salon? It’s not the SLS in the shampoo their using.

Another common scare tactic is to site the alleged increase in cancer rates over the past few years. According to one well traveled piece of e-mail propaganda, 1 in 8000 contracted cancer in the 80’s, and 1 in 3 in the 90’s. Even if this were true, to suggest toxins in our air, water and soul are somehow less responsible that an ingredient in our shampoo is ridiculous in itself. However, the cancer stats aren’t even true. According to both the American Cancer Society2 and National Cancer Institute3 the combined occurrence rates for all forms of cancer has dropped by an average of almost 1% per year every year of the 90’s.4 And that’s in spite of a dramatic increase in the over-50 population and significantly better detection techniques. A related, an even more desperate piece of propaganda states that over twice as many people get cancer today that 100 years ago. While this is likely true, I suspect it has more to do with the fact that cancer rates increase dramatically after age 40, and that we live twice as long today, than it does with the introduction of “harmful” substances in our shampoo.

Propagandists also love to quote a speech given by Senator Edward Kennedy5where he states that a study done by the General Accounting Office (GAO) “reported that more than 125 ingredients used in cosmetics are suspected of causing cancer.” First, “cosmetics” is only a subset of all personal care products. Second, “suspected” does not necessarily mean they cause cancer, or that there is even evidence that they may cause cancer. Third, not only could I not locate such a study (I visited one of the largest government depositories of archived GAO reports dating back to 1976)6, but three different staff members of the GAO, including the Associate Director of the Health Education and Human Services Division (the division of the GAO which would have performed such a study) have no memory of any such study. This isn’t the only example of Kennedy’s words from this speech being misused by propagandists. They’ve also used an example given by Kennedy where he describes how a six year old girl’s neck and ears received second degree burns after her mother applied a common hair care product. As I recall this news report7, the mother applied a hot curling iron to the girl’s hair after the flammable hair product had been applied. The hair product didn’t cause the burns, fire did! Kennedy also allegedly described how a woman “had her cornea destroyed” by a mascara product. That’s not what Kennedy said (I have the transcript of the speech). He said her cornea was destroyed by a “mascara wand.”

Sodium Lauryl Sulfate 

Dr. Keith Green, PhD, DSc, of the Medical College of Georgia is another individual the propagandists love to quote. Allegedly, Dr. Green’s studies on SLS found that by dropping small amounts into the eyes of rabbits the SLS entered the tissues of the heart, brain and lungs within a matter of minutes. According to several e-mail messages and on-line statements, Dr. Green’s research has also linked SLS with cancer and eye damage in humans, specifically children. Not only is none of this so, Dr. Green has responded publicly to denounce the rumors about SLS, going so far as to call them “absolutely ridiculous.” 8 He goes on to say, “Like any other chemical, it is the manner of usage that is important. As long as you don’t rub it all over your body and reapply it every hour for 24 hours, it’s perfectly safe.” Dr. Green did confirm that he studied the effects of SLS on lab rabbits and that the substance did enter the tissues of vital organs, “but in very minute amounts (and) all of it washed out in 96 hours.” Furthermore, he stated, “the eye stayed pristine. There was no redness and no irritation. There were no toxic effects.” He has also vehemently denied that his studies ever involved children.

Not only are there few credible authorities who support the “harmful ingredients” claims (virtually all have a financial interest in “safe, non-toxic” alternative products), but the list of doctors and scientists who scoff at the propaganda is quite lengthy. Dr. Andrew Weil, author, speaker, and noted authority on wellness and anti-aging, stated “I’ve been getting a lot of questions about sodium laurel sulfate and, frankly, I’m at a loss to know where this concern comes from… I found repeated instances of unsubstantiated, alarmist claims coming mostly from the purveyors of natural shampoos.” Dr. Peter Panagotacos, MD, a board certified dermatologist, stated he “saw no problem” with SLS. Dr. Ed Friedlander, MD, states “You may use your shampoo and toothpaste without worrying about sodium lauryl sulfate.” Dr. Ronald DiSalvo, the designer of the Paul Mitchell line of salon products and past head of the R&D department of Redkin, states “The unethical marketer picks on the most popularly used surfactants like SLS and SLES. They’ll damn these materials, erroneously extrapolating bits and pieces of information from a study or two that really has little if anything to do with rational cosmetic ingredient usage, and then misstate such information for their own devious purposes. According to the Cosmetic, Toiletry, and Fragrance Association (CTFA), SLS is “safe as presently used in cosmetic products.”9 Even the American Cancer Society has went to the defense of SLS. They created a section on their web site titled “Debunking the Myth”10 in which they disavow any known link between SLS and cancer going so far as to label such claims “radical… misleading… propaganda.” According to Health Canada, SLS has a “history of safe use in Canada… Health Canada considers SLS safe for use in cosmetics… you can continue to use (products) containing SLS without worry.”11 The Occupational Safety and Health Administration (OSHA)12, the National Toxicology Program (NTP)13 and the International Agency for Research on Cancer (IARC)14 have all declared SLS and SLES as being non-carcinogenic (doesn’t cause cancer). And yes, even our own FDA has classified SLS and “GRAS” (Generally Regarded as Safe).15

The “SLS causes cancer” myth likely developed as a mutation of another somewhat flimsy claim. According to some, SLS can react with Diethanolamine (DEA) and other related substances commonly found in shampoo and form nitrosamine. Some nitrosamines are animal carcinogens. However, according to Dr. Jerry McEwen, Vice President of Science for the Cosmetic, Toiletry and Fragrance Association, “DEA does not react with SLS or SLES to create nitrosamines.” More on this issue in the upcoming discussion of DEA.

According to Dr. Ed Friedlander MD16, board certified in both anatomic and clinical pathology, another possible catalyst to the SLS/Cancer myth might be the fact that SLS is routinely used to solubilize chemicals used in cancer experiments before injecting them into animals. Perhaps someone read the list of substances being injected and mistook the innocent solubilizer for the active ingredient being tested.

SLS has also been accused of causing cataract formation in the lens of the eye. Technically, this is true. Dr. Friedlander states that SLS is indeed used in cataract experiments. They take the transparent lens from lab animals and dunk it in concentrated detergent. Not surprisingly, the lens proteins were rendered translucent. However, the lens is deep within the eye and wouldn’t be exposed even if you were to splash pure SLS into it. “Either somebody misunderstood the work, or somebody is willfully deceiving the public,” states Dr. Friedlander.

An even more ridiculous example of the lengths the propagandist will go to generate fear in consumers is this statement: “Almost all toothpastes uses SLS as a major ingredient, and not coincidentally warns it should be kept out of reach of children. ‘In case of accidental ingestion…contact a poison control center immediately,’ reads a toothpaste warning. In fact, it’s been reported that accidental toothpaste ingestion by children results in 11,000 calls to poison centers – the leading cause of all their calls.” Read this propagandist warning again, carefully. Notice, no where do they actually say SLS has poisoned anyone, or is even poisonous. The anonymous author of this internet tripe is a master at linguistic slight of hand. Yes, SLS is in many toothpastes, and yes, the toothpaste company’s attorneys have advised them to place an overly protective warning on the label. And yes, many kids love the taste of flavored toothpastes, so some will attempt to eat it right from the tube. And yes, I’m sure 11,000 parents called poison centers (most because junior accidentally swallowed a little of it, and were probably told to give him a glass of milk), but that certainly doesn’t mean 11,000 kids were poisoned by SLS! Clearly, the intent of the author is to make you think they were.

I’m focusing on SLS more than any other allegedly harmful substance because that’s the one that seems to take the most heat (ironically, it’s the one with the weakest case against it). But what about all those other dreaded ingredients? 

Propylene Glycol 

Propylene Glycol is probably a close second in the “harmful ingredients” hit parade. Propylene Glycol is used in personal care products as a binder to prevent freezing in low temperatures (that’s why it makes a good antifreeze!), and to assist in keeping the product blended. Some claim Propylene Glycol is a humectant (attracts moisture) while others claim it’s primarily a preservative – so, actually, there seems to be quite a few benefits to this substance. It is not only found in cosmetics and personal care products, it’s in many food items and is even used in many medications.

Most propagandists will cite the Material Safety Data Sheet on Propylene Glycol which advises “causes irritation – avoid contact with eyes, skin.” I’ve seen several references to the MSDS allegedly warning that Propylene Glycol can damage the liver and kidneys. The fact is, the only MSDS I reviewed that even mentioned this only cautioned that accidental ingestion of pure Propylene Glycol can aggravate existing kidney conditions. What’s more, some of these Data Sheets employ a rating system to show relative hazard levels. A “4” is an “Extreme Hazard,” where as a “0” means “No Hazard.” Propylene Glycol’s hazard rating for skin contact is a “2” (Moderate), again meaning direct, prolonged contact with pure Propylene Glycol. It’s “health” hazard rating was ZERO 17.

This is an appropriate time to briefly discuss Material Safety Data Sheets. The assumption by some consumers is that these are documents produced by some federal agency, and one data sheet is produced for each substance. Not true. MSD Sheets are prepared by chemical manufacturers in an effort to educate users as to safe method of use, toxicity, proper disposal, chemical and physical properties, and other potential hazards, if any. These Data Sheets are reviewed by the company’s legal department and, like toothpaste warnings, they are usually written in a very conservative, overly protective manner. In other words, the hazards described in MSD Sheets are generally overstated by design.
The desperation that some marketers of “safe” products exhibit in maligning this substance is evident in this quote: “Year after year these ‘beautifying’ creams assault the hair and skin with Propylene Glycol, and the end result is always the same – wrinkles and dull, dry, putty like skin.” Um, I believe that’s the end result of getting old! I hope they’re not blaming that on Propylene Glycol, too.

Here’s another blatant and grossly misleading scare tactic: “The recommended method of storage for undiluted Propylene Glycol is in an explosion-proof refrigerator!” So, what’s the point here? If we use facial cleansers with Propylene Glycol our face might blow up? According to the MSDS not only is Propylene Glycol not explosive, it’s barely flammable! (Flammability is rated a 1).

Not all attacks come from internet authors selling “safe” alternatives. Even Forbes Magazine has become a willing propagandist tool. In an article titled “Alcohol-free,”18 author Stephan Herrera tells the story of “crusader” Mark Wilson, who in 1995 successfully lobbied for child-resistant caps on mouthwash containing more than 3% alcohol (and rightfully so since some brands are as much as 54 proof!). However, Wilson didn’t stop there. He’s now trying to get Propylene Glycol banned outright. According to Herrera, Propylene Glycol is “really nothing more than alcohol… similar enough to the alcohol in booze that it can cause many of the same problems… inebriation, liver damage, cardiorespiratory arrest and violent nausea.” He also mentions the fact that the FDA “curiously” banned the use of Propylene Glycol in cat food, yet allows it in children’s medicine with concentrations four times higher. Herrera goes on to state “If Propylene Glycol appears high on the list of ingredients, that tells you there is a lot of it in the product.” It also tells us Mr. Herrera didn’t do his homework. Ingredients in over-the-counter medicines and personal care products are listed in order of prevalence only. The first ingredient listed (usually water in many cases) can make up as much as two-thirds of the bottle’s content. The third or fourth ingredient on the list (of usually over a dozen) could be less than 5% of the contents. What’s more, any chemistry student could tell you that “alcohols” are a broad class of organic compounds that occur naturally in plants and animals in addition to being synthetically produced. In fact, Glucose, Fructose, and table sugar could be chemically classified as alcohols19. Not only that, if Propylene Glycol was really the same thing as Ethanol (the kind of alcohol in booze) would we be allowed to fill our car radiators with it!? I mean, jeez – let’s use our heads here. Also, some chemical compounds are metabolized differently in animals than in humans. Dogs can’t eat chocolate. Acetaminophen (Tylenol) is poisonous to cats. Propylene Glycol can cause damage to red blood cells in felines (it can not in humans)20. That’s the only reason the FDA banned it in cat food.

It should also be noted (as Herrera did in his Forbes article), that the article’s subject, Mr. Wilson, is the sole owner of a company that makes a product called “Zeffr.” Guess what Zeffr is? That’s right. According to Mr. Wilson, it’s a “safe” alternative to Propylene Glycol.
Paula Begoun, author and publisher of several best-selling books on the cosmetics industry states, “I have seen several studies indicating that Propylene Glycol is not a problem as it is used in cosmetics, while I have seen no studies indicating the opposite.”21

Some of the attacks on Propylene Glycol have been based on unique situations where individuals suffered allergic reactions. Of course, people can be allergic to literally anything. According to two independent researchers, J.O. Funk and H. I. Maibach, “True allergic reactions to Propylene Glycol are uncommon and the clinical significance has probably been overstated”22 ( I wonder who they were referring to?). There were additional studies on allergic reactions to Propylene Glycol. In two separate tests of 104 individuals (human individuals), only one person had an “irritation response.”23

The Agency for Toxic Substances states “Propylene Glycol is generally considered to be a safe chemical.” The FDA has classified Propylene Glycol as GRAS (Generally Regarded as Safe). The Cosmetic Ingredient Review board (CIR)24, a group of independent scientists and doctors who are top authorities in various industry specialties, reviewed Propylene Glycol and published their findings in the American Journal of Toxicology (1994). Their conclusion? “Safe for use in cosmetics in concentration of up to 50%.” PG typically makes up 1-5% of a product’s formulation. This expert panel found that it would still be safe if half the bottle were pure Propylene Glycol! They also found that Propylene Glycol was not carcinogenic.

The American Chemistry Council, a trade organization serving chemical manufacturers, perhaps best sums up the issue of Propylene Glycol safety with this comment: “Propylene Glycol has been used since 1920 in a variety of consumer product applications. Due to its wide use, it has been extensively studied for many different health effects, but from a toxicology and regulatory viewpoint, Propylene Glycol continues to have wide recognition as a product of low concern. The battery of toxicology testing performed on Propylene Glycol includes acute, subchronic, and lifetime exposures of laboratory animals to Propylene Glycol. In addition, specific tests to identify potential effects on genetic material, reproductive capacity and developing organisms have all been conducted on Propylene Glycol. The overall evaluation of the test results suggests that Propylene Glycol is safe for human use.” 

Glycerin 

Here’s a common substance that’s used as a humectant to not only keep the skin moist, but is primarily used in some personal care products to keep the product moist.

Since the propagandists can’t seem to find anything to base an adverse medical condition on, they’ve instead went this rout: “The truth is, sometimes glycerin can help to moisturize the skin and hair – but it often does so by drawing moisture from the deeper skin layers to rehydrate the surface. Obviously, this is like drying the skin from the inside out!” Obviously? Really? Not only is this not obvious, it ridiculous. Think about it. Glycerin accounts for a small potion of the moisturizing ingredients you’re applying to your skin. Are they actually claiming that little amount of Glycerin is going to pull more moisture from the skin than that gob of lanolin, aloe, jojoba butter, and numerous other moisturizing substances are going to put in it? What’s more, in most parts of the world the air is rich with moisture. So, are they suggesting that this small amount of Glycerin is pulling moisture from the air and pulling moisture from the skin and creating, what?, a layer of water on the surface of your dry skin? I’m confused.

Dr. McEwen agrees. “This type of statement is absurd. It shows a substantial lack of sophistication and understanding.” Although he agreed that Glycerin has the potential to draw moisture from the skin, “The product would have to be pure Glycerin to draw more from the skin than to it.” He further states, “Glycerin has been used in cosmetics for ages. The reason it’s so popular is that consumers need and want the characteristics it provides.” 

Alcohol 

The argument against alcohol in skin care products is probably the most irrational of all. The knock on alcohol is that it’s a drying agent, so what is it doing in skin moisturizing products? Actually, most alcohols are drying agents. However, alcohol is not installed into moisturizing formulations as an active, beneficial ingredient, it’s only in there, in minute amounts, as a blending agent so the ingredients don’t separate in the bottle. And those ingredients it keeps blended are primarily moisturizers! In other words, claiming that using a skin cream that contains alcohol will dry the skin is tantamount to saying if you put a pinch of sugar into a pound of salt it will make the salt taste sweet! Doesn’t this not make sense?

The above point is also assuming that the type of alcohol in cosmetic products is ethanol, the type that can be used as a drying agent. It’s not! The type of alcohol used in the vast majority of skin care products is called “fatty alcohol” which has moisturizing properties!

If you have any doubt about the foolishness of this bit of propaganda, try this simple test: Take any skin cream that contains alcohol and mix it with an equal amount of pure alcohol. Then, take this solution that now consist of slightly more than 50% pure alcohol and spread a little of it on your arm. Wait a few minutes (it’s okay, alcohol doesn’t cause skin cancer – at least, not yet) and what you will find is a spot on your arm that’s still moist!

If you’re still not convinced, then better stop letting your kids drink root beer. There’s trace amounts of alcohol in most brands (minute, residual amounts left over from the manufacturing process). Based on the propagandist’s logic, you’re nine year old could be sited for SUI (Skateboarding Under the Influence). 

Mineral Oil (Petrolatum) 

The basis for avoiding products with mineral oil in them is based on a single premise: Skin needs to absorb oxygen and mineral oil can “suffocate” the skin by coating it with an oil barrier.

First of all, most human skin is already oily. In fact, it’s loaded with natural oils. Saying that putting mineral oil on your skin will cause an oily film to cover it is kind of like saying putting snow on an ice cube will make it cold. Even if the mineral oil did temporarily block air from reaching the skin, how long do you think that effect will last before the oil barrier begins to break down? Minutes? A swim in the family pool or a leisurely soak in the tub will block oxygen from reaching much more skin surface for a longer period of time. I guess a bubble bath would be downright deadly – you’re suffocating most of your skin and soaking in Sodium Lauryl Sulfate! Also, again, keep in mind that the mineral oil is usually only a part of the entire substance you apply to your skin, so the opportunity for it to be thick enough to completely block oxygen from reaching the skin is remote.

One internet (where else) based argument against Mineral Oil went so far as to invoke the urban legend about the actress who was painted gold in the James Bond movie Goldfinger. During filming the actress died of asphyxiation, you see, because the gold paint that covered over 90% of her body suffocated her skin. That actress, Shirley Eaton, went on to appear in several more movies. She didn’t really die. She didn’t even get sick.

Another alleged unhealthy side effect of mineral oil sealing the skin surface is that it can cause a “flooding” of the skin by holding in large amounts of moisture. Okay. So, what about products that contain mineral oil and alcohol and Glycerin? Will it flood the skin, or dry the skin? I’m confused again.

When questioned about this claim, Dr. McEwen commented “Some of these claims are hard to refute only because they are so ludicrous. Every system in your body operates on a fluid medium. You can’t ‘flood’ the body’s biology.” He goes on to explain that Mineral Oil will hold water beneath the skin surface, but the result is a slight plumping of the skin cells. “That’s a good thing” he says. After all, that is the objective of most moisturizing creams. They don’t really eliminate wrinkles, but the “appearance” of wrinkles by plumping up the cells within the epidermis (outer layer of the skin). 

Alpha Hydroxy Acid 

Alpha Hydroxy, glycolic, lactic, and other acids are generally referred to as AHAs. They are used to exfoliate the dead, dry or damages outer layer of skin and expose the younger skin cells. The result is a smoother skin surface and a reduction in fine wrinkles and minor blemishes.

The propagandists will tell you that this outer layer of skin protects the under layer from “harsh, damaging environmental agents.” They claim, “Use of AHAs could make you age much faster. You could look better today but it may not be such a pretty sight in ten years. Your outer layer of skin is your first line of defense. Everything should be done to make it healthy and keep it, not lose it!”

First let’s look at this logically. If the young, second layer of skin will be exposed to “harsh, damaging agents” by removing the top layer, isn’t the top layer also being exposed to these same damaging agents? So, are we to maintain this damaged outer layer of skin to protect the newer second layer from becoming – the damaged outer layer? If we should try to keep the outer layer healthy rather than lose it, well, why can’t we remove it then apply the same health maintaining regimen to the new, fresh second layer? Once again, I’m confused.

Author Paula Begoun states “Revealing new skin and improving cell turnover rates can absolutely improve the appearance of skin. That is the whole purpose behind facial peels and laser resurfacing. It is not dangerous; if anything, it removes potential cancerous skin growths.” The bottom line, she says, is that “Sun damage causes thickened, uneven skin, and getting that stuff off the face is good, not bad.”

AHA have been scrutinized by the FDA 25. They’ve just completed two studies to assess the safety of AHA and the conclusion was, put in laymen’s terms, your skin is more susceptible to sun damage if you remove the old, outer layer. In other words, if you’re using an Alpha Hydroxy Acid based product you might get sunburned a little sooner. The FDA’s recommendation? Protect your skin. The CIR also reviewed AHA. Their concern was the same as was their recommendation: Use sun protection.

Although not with AHA specifically, I have had personal experience with similar exfoliating products. From the age of 12 to 18 I was prescribed a topical vitamin E product for acne that would literally cause thin sheets of skin surface to roll off my face. Almost six straight years of treatments (most of them spent on a baseball diamond under the blazing sun), and today, at age 42, I not only have nary a wrinkle (in fact, I’ve been carded for wine purchases twice this year), but the horrible case of acne I had during those years has left virtually no scaring. 

DEA 

Diethanolamine (DEA), Triethanolamine (TEA), and Monoethanolamine (MEA) are amino alcohols used in cosmetics as emulsifiers, thickeners, and detergents. The nitrosation of the ethanolamines may result in the formation of N-nitrosodiethanolamine (NDELA), which has been shown to be carcinogenic in lab animals.

In English, these substances can react with other ingredients in shampoo or cosmetic products and form nitrosamines. And yes, high doses of nitrosamines ingested over prolonged periods have been shown to cause cancer in rats and mice. Not only that, but according to some propagandists SLS and SLES are two common ingredients that ethanolamines can react with to form nitrosamines. What’s more, a study by The National Toxicology Program (NTP) in 1998 found that repeated applications of pure DEA to mouse skin caused liver and kidney cancer.

According to the web site of a well known propagandist, in a recent edition of “CBS This Morning” Dr. Samuel Epstein, professor of environmental health at the University of Illinois claimed “Repeated skin applications of DEA-based detergents resulted in a major increase in the incidence of two cancers.” According to Dr. Epstein, the NTP report stated that “The mainstream U.S. industry has been unresponsive, even to the extent of ignoring an explicit warning by the Cosmetic, Toiletry and Fragrance Association (CTFA) to discontinue uses of DEA.”

Sounds like DEA may be guilty as charged. Or, maybe not. Before reaching a verdict, let’s hear from the defense.

First, MEA will not react with nitrosamines and create nitrates 26. This is only true for DEA and TEA. Furthermore, according to the CTFA and Dr. McEwen, “amines” must react with a “nitrocating agent” to form potentially carcinogenic nitrosamines, and although DEA and TEA are both amines, SLS and SLES are not nitrocating agents and can not react with DEA or TEA to form nitrosamines. Even the nitrates (a nitrocating agent) used as a preservative in bacon are not carcinogenic unless it reacts with “amines” which are generally not found in bacon products (in other words, as long as you don’t mix your bacon and shampoo together, you’re okay). What’s more, Dr. McEwen states, “Absorbic Acid would block the effect.” Absorbic Acid is a common ingredient in cosmetic products. Also, once again, we’re talking about a study done on mice. After reviewing the NTP study, the FDA stated “The NTP study did not establish a link between DEA and the risk of cancer in humans. The Agency (FDA) believes that at the present time there is no reason for consumers to be alarmed based on the use of these substances in cosmetics.”27
There’s more…

According to the CTFA, the NTP study was suspect.28 DEA was applied to the shaved backs of both rats and mice. Rats can’t lick their backs. Mice can. The rats never got cancer. The mice, who were able to eat the DEA, did. What’s more, the mice were obese, the rats weren’t. Also, mice from different strains were tested and only one particular strain contracted cancer. However, just to be safe, don’t go to a chemical supply company and buy pure DEA and eat it.

Every other test for toxicity conducted by the CIR found that “DEA was not a hazard as used in cosmetics.” Contrary to Dr. Epsteins claim regarding the NTP report, the CTFA explicitly denies ever warning against the use of DEA. The Cosmetic Ingredient Review board found “DEA to be safe when used as directed. Since no evidence that products containing DEA have been unsafe for consumers, it would be unnecessarily alarming for the news media to suggest there is a health risk.”

The well known propagandist’s version of the CBS interview with Dr. Epstein is based on comments taken totally out of context. Although Dr. Epstein did take an anti-DEA stance during this interview, his comments regarding “two forms of cancer” were related to the NTP study on mice, not humans. Reread the quote above and note how the propagandist left that part out creating the impression that the doctor was talking about people.
Finally, the International Agency for Research on Cancer found “no evidence of cancer risk in humans.”

It should also be noted that the DEA/cancer scare originated in the 1970’s. This is not a recent discovery based on the NTP research. It’s old news.

Miscellaneous Internet Rumors

If I were to attempt to debunk every piece of internet propaganda relating to “harmful” personal care products, this would be a very long article (and it’s already too long). Here are just a couple of the most recent internet myths orbiting cyberspace:
Sunscreens can cause temporary blindness.29

According to the CTFA, this is “typical of internet rumors notorious for inaccurate and false information. There is no evidence, scientific or otherwise, that any such harmful effects have ever resulted from using sunscreens.” The American Academy of Ophthalmology defined the e-mail as “erroneous and alarmist.” Neither the Poison Control Center or the FDA have ever heard of anyone being blinded by sunscreen. When asked what someone should do if sunscreen does get into the eyes, the American Academy of Dermatology responded, “Wash it out.”

Antiperspirants are the “leading cause” of breast cancer.30 The CTFA responds: “This anonymous e-mail is nothing else but an unsubstantiated internet rumor that has no factual basis.” The American Cancer Society stated, “There have been many extremely thorough epidemiological studies of breast cancer risk and they have not found antiperspirant use to be a risk factor for breast cancer, much less the ‘leading cause’ of the disease.” Scientists at the National Cancer Institute “are not aware of any research to support a link between the use of underarm antiperspirants or deodorants and the subsequent development of breast cancer.” The FDA also does not have any evidence or research to support the rumor.

Inaccuracy and Hypocrisy 

Making bogus attacks on cosmetic ingredients in an effort to sell “safe” alternatives in not a new marketing invention. Indeed, it’s existed for as long as there’s been cosmetics. For exmaple, about 30 years ago a major hair care product company ran ads touting the fact their hair spray contained none of an allegedly toxic substance called PVP. Thing is, PVP was originally invented as a blood plasma extender and had been pumped through the veins of hundreds of thousands of people for many years without any ill effect. How then could there possibly be any danger in applying it to one’s hair? What’s even more ironic is that it was eventually revealed that the company’s products did, in fact, contain PVP and they just didn’t list it on the label.

What those companies who are hawking “safe alternative” products today really need to do is get together and coordinate their propaganda. As I visited the web sites of the various marketers of these products, I was amazed at how they stepped all over each other in their efforts to expose their competitor’s “harmful” ingredients.

By far the most common “safe alternative” to SLS is Ammonium Lauryl Sulfate. But according to one propagandist, “Ammonium Lauryl Sulfate is significantly more irritating that SLS and cannot be complexed (blended with other ingredients) to reduce its irritation potential. It should definitely be avoided.” 31Yet another lists “America’s Most Unwanted: Cosmetic Ingredients You Should Avoid!” Within that list are “harsh cleansers like Ammonium Lauryl Sulfate.”32

Dr. Doris Rapp, during her cassette tape presentation “How Toxic is Your Shampoo,”33 claims that different kinds of parabens can cause an estrogenic (feminizing) effect in men and can cause liver damage. Ironically, Dr. Rapp is a hired gun for a major MLM company who is in direct competition with the MLM company that initiated the “harmful ingredients” campaign – which also touts two forms of common parabens in several of their personal care products.

Companies who like to promote the “all natural” angle will claim Ammonium Lauryl Sulfate is a natural substance derived from coconut oil. However, as Paula Begoun explains, “Ammonium Lauryl Sulfate is the salt of a sulfuric acid compound… Associating it with coconut oil, a far-removed organic source, just makes for better, though misleading, marketing lingo.” Many of the sellers of “alternative” products claim to have “all natural ingredients” as if to suggest that makes their products better, or safer. Of course, opium and poison ivy are also natural substances. Also, plant oils decompose faster than mineral oils thus require a higher concentration of preservatives and fragrance. The fatty (saturated) acids that are often contained in “natural” plant extracts and oils can, in fact, clog the pores and cause acne. What’s more, according to Begoun, many plant derived substances can cause skin irritation, allergic reactions, skin and/or sun sensitivity, such as geranium oil, grapefruit, lavender oil, papaya, and sage. All of which are found in the formulations of many “alternative” products (including the MLM company most responsible for the “harmful ingredient” propaganda).

A front runner for the “most ridiculous” approach to attacking non-natural, allegedly harmful chemicals in cosmetics are the laughable comments such as: “I can’t even pronounce most of the ingredients in my shampoo. It’s scary!” As I listen to seemingly intelligent, rational folks make exclamations such as this, I wonder, do they actually believe that the number of syllables in an ingredient’s name somehow correlate to it’s level of toxicity? Ironically, these same people are distributors for a company who’s “safe” products contain Methylehloroisothiazolinone and Cocamidopropyl Hydroxysultaine. I certainly hope these folks don’t take their “long name” paranoia too far and attempt to rid their bodies of Olygomer Proanthocyanin (Picnogenol) or Dehidroespiandrosterone (DHEA, a life sustaining hormone).

The aforementioned Dr. Rapp34, a doctor of pediatrics and board certified in allergy and environmental medicine, is a well respected authority in her field. Her efforts are quite noble in every other area, however I think she diminishes herself by trying to hock products for an MLM company. To that end, during her live presentation she invokes most of the propaganda already discussed in this article. However, she goes even further. Dr. Rapp suggests that the cosmetic industry today is the tobacco industry of tomorrow. She suggests the manufacturers and marketers of these harmful products are knowingly putting their customers at risk, but refuse to switch to safer alternative ingredients. She believes that many years from now we’ll look back on the damage done by these products in much the same way as we look at tobacco products today. Of course, her mental bridge to the future has a huge gap in it. Namely, there is no substitute for tobacco (no legal substitute anyway).

Every “alternative to tobacco” gimmick has failed. However, there are several effective, comparably priced substitutes for SLS, Propylene Glycol, and the rest. So, this begs the question, If these ingredients are so harmful to human health, and will inevitably destroy so many cosmetic companies in the years to come, why don’t all the cosmetic companies just switch now? Well, because, unlike tobacco 50 years ago, there are numerous studies being done today that have shown these substances to be safe. It’s not at all like the tobacco industry!

Dr. Rapp also does a great slight-of-word routine with this observation: “SLS stays in the body at least seven days.” (Remember, Dr. Green’s studies showed SLS completely left the tissue within 96 hours). “If the body can’t get rid of (SLS) it will tend to store it in fat places, such as the breast… That’s where the body stores chemicals and that’s why women who have breast cancer, some of them have four times more pesticides in their breast tissue than other women who didn’t.” How did we get from SLS to pesticides? As has already been discussed, adnauseam, SLS does not cause cancer. But, if one were to listen to Dr. Rapp’s presentation one could easily surmise she was suggesting otherwise.
She also states that mineral oil has been linked to “numerous forms of cancer” according to Rawlin’s School of Public Health. I contacted this institution and after much searching did finally locate the author of the report. Her report analyzed “formulations” that included various type of oils, including mineral oil. However, mineral oil found in cosmetic formulations was not part of the study. When specifically asked if the mineral oil found in cosmetics could cause cancer, as Dr. Rapp claims the report suggests, the author responded, “It’s a complex area – mineral oil formulations have changed through time and there are varying levels of evidence for different cancer sites for different formulations

I don’t intend to slather us in the subject of mineral oil again, but it does seem appropriate at this juncture to address an example of the “varying levels of evidence” that mineral oil of any kind might cause cancer. At the same time I can provide yet another demonstration of how the propagandists fold, spindle and mutilate the facts to fit their own personal agenda. According to a comment found in (guess where) an internet chat room, a “Canadian study” revealed that mineral oil in skin lotions increased the risk of contracting non-Hodgkin’s lymphoma (NHL). Well, I located that study (emphasis mine)… I can’t comment specifically on the mineral oils used in cosmetics.” In the actual report, the author specifically states that the study was limited to “substantial dermal and inhalational exposure” to pure mineral oil of the type used in machine lubrication. The report goes on to specifically and clearly state that mineral oils in “end-use” products, such as cosmetics, can be derived from a different source, have a different method of refinement, and a variety of additives, thus making an analysis of it’s toxicity “inappropriate.”35 (it was a shock to discover it even existed) and here’s the rest of the story: The study assessed the risk of occupational exposure to “benzidine, mineral, cutting, or lubricating oil, pesticides, and herbicides.” Seventeen different chemicals were studied. Mailed questionnaires were used to obtain data from 1469 individuals who were newly diagnosed with NHL to determine what amount, if any, exposure they had to these 17 chemicals. The study found there was a 1.3% increase among men in the chances of getting NHL among those who were exposed to “mineral, cutting, or lubricating oils.” Since men are far less likely to be using skin care products, it would be reasonable to assume the exposures related to long term industrial applications (i.e. motor oil, axle grease, etc.). Additional evidence exists that mineral oil in cosmetic products suffers only a guilt-by-association by the fact that this same study found no significant increase in the rate of NHL among women exposed to the same group of oils (which would have been primarily mineral oils in cosmetics).

Virtually all of the “harmful ingredient” propaganda can be traced back to one particular MLM company. Ironically, this same company once sold (as recently as 1994) a thigh cream based on Aminophylline. This substance is used to treat asthma, but was also found to reduce the circumference of the thigh when applied topically. However, after prolonged, repeated applications it also caused mild to severe skin irritation. They now use the milder, safer, Theophylline.

This same company, during the height of their anti-harmful ingredient campaign, had one of their popular diet products recalled by the FDA. It contained a full medical dose of the drug furosemide, a potent diuretic.36

Here’s a brief run down of some of the other “safe” alternative ingredients this company uses in their skin and hair care products:

Ammonium Lauryl Sulfate: The Cosmetic Ingredient Review has found that ALS can “produce eye and/or skin irritation.” Dr. DeSalvo observes that while some companies vehemently warn consumers away from SLS and SLES “they’re turn around and use virtually the same material, made of the same cut of coconut oil or palm oil, sulfated in the same manner, but using ammonia rather than sodium as the salt, and claim that their surfactant (ALS or ALES) is safer, when the truth is that the ammonia ion can be much more irritating than the sodium ion.”

Ammonium Chloride: The Material Safety Data Sheet warns users to “prevent skin contact” (it’s in their skin cleanser, shampoo, and shave gel).37

Chitosan: The MSDS warns this substance can cause eye, skin and lung irritation.38 According to the National Council for Reliable Health Information (NCRHI), Chitosan can cause illness to those with shellfish allergies39 (this is the primary ingredient in one of their weight loss products).

Calcium Sulfate: The MSDS warns of irritation to eyes, skin and respiratory system… Can cause nose bleeds… used to make plaster of Paris (it’s also in their arthritis product).40
Methylchloroisothiazolinone: According to The National Library of Medicine, this substance can cause contact dermatitis and is used in house paint.
41 According to the American Journal of Contact Dermatitis, this substance can cause “chemical burns”42 (it’s in their shampoo and skin cleanser).

Methyllisothiazolinone: Same as Methylehloroisothiazolinone (also in their shampoo).

Phenoxyethanol: The MSDS on this substance warns that it can cause severe irritation or burns to the skin and eyes and suggests it should only be handled while wearing gloves and goggles43 (it’s in their hair conditioner and shave gel). This substance usually replaces Propylene Glycol. However, according to Gary Neudahl, the Technical Services Manager at Costec, Inc. (a leading manufacturer of cosmetic products), he advises clients to use Propylene Glycol because it is “less toxic and safer than Phenoxyethanol.” (Costec supplies both substances).

Of course, if this company were to respond to this rather scathing information, I’m sure they would plead that many of the dangers listed above involve applications unrelated to personal care use, or that the harmful effects were only on lab animals and only after repeated, prolonged exposure of the raw material, and that these substances are safe when diluted and applied momentarily to the skin, and that most of this information is coming from overly protective MSD sheets, and so on and so on.

And my response would be… EXACTLY!

In fact, every one of these counter arguments would be valid. In fact, every one of the above listed substances are perfectly safe as used in their personal care products. In fact, they could use the very same defense I am presenting here to defend their choice of ingredients. And they’d be right!

Again, if you work hard enough you can dig up data to make anything sound harmful.

A great resource is the National Institute of Occupational Safety and Health (NIOSH).44 Here you will find a list of potentially harmful chemicals found in the work place. According to Dr. Rapp there are 884 “toxic” chemicals on this list found in common skin and hair care products (in spite of the fact there are only 670 chemicals on the list in total). After a careful review of this list (which, by the way, did not include SLS, SLES, Propylene Glycol, or Mineral Oil), I found some interesting inclusions. For example, Acetoxybenzoic acid was there. That’s Aspirin. Isopentyl Acetate was there. That’s banana oil. The dust from oats, wheat and barley and the mist from vegetable oil all made the list (irritating when inhaled – like, no kidding). Such vile substances as sugar, table salt, and corn starch made the list, as did Propenyl Propyl Disulfide. Now, PPD is some nasty stuff. This can cause irritation of the eyes, nose, and respiratory system. It can also cause lacrimation! Would you want to eat Propenyl Propyl Disulfide? If not, you’re missing out on a lot of great food. It’s onion oil. Lacrimation means it makes your eyes water.

Considering sugar, salt and onion oil are all classified as “chemical hazards,” as well as the aforementioned horrors of dihydrogen monoxide (water), it’s got to make you wonder…

How toxic is your spaghetti sauce?

 
 
1. To protect the interest of innocent distributors, no network marketing companies are named in this article.
2. www.cancer.org 
3. www.cancer.gov 
4. National Institutes of Health; Annual Report to the Nation on the Status of Cancer (May, 2000) 
5. http://kennedy.senate.gov/statements/970905fdacosmetics.html 
6. Dickenson Library, UNLV 
7. San Francisco Chronicle (approx. 1994) 
8. American Cancer Society web site (www.cancer.org
9. www.ctfa.org 
10. www2.cancer.org/zine/dsp_StoryIndex.cfm?sc=004&fn=004_09231998_1 
11. www.hc-sc.gc.ca/ 
12. www.osha.gov 
13. http://ntp-server.niehs.nih.gov/ 
14. www.iarc.fr/ 
15. www.fda.gov 
16. www.pathguy.com/lectures.htm 
17. www.theskinsource.com/Document/Propolyne_Glycol.htm 
18. www.forbes.com/forbes/98/0921/6206260a.htm 
19. www.hplc1.com/shodex/english/dc030403.htm 
20. www.nexusmagazine.com//Petfood.html 
21. www.paulaschoice.com/skinfacts/mythbusting.htm 
22. Funk, J. O. % Maibach, H. I. Propylene Glycol Dermatitis: Re-evaluation of an Old Problem. Contact Dermatitis 31:2, 36-41 (1994). 
23. Final Report on the Safety Assessment of Propylene Glycol, Cosmetic Ingredient Review, J. Am. Coll. Toxicol. 13(16), 473-91 (1994). 
24. www.cir-safety.org 
25. www.fda.gov/opacom/backgrounders/alphabg.html 
26. 2000 CIR Compendium, p. 236 
27. http://vm.cfsan.fda.gov/~dms/cos-dea.html 
28. Telephone interview with Dr. McEwen 
29. CTFA Response Statement; July 29, 1999 (PRST 99-19) 
30. CTFA Response Statement; May 19, 2000 (PRST 00-16) 
31. Cosmetic chemist Will Evans in PURE magazine 
32. www.mastey.com/avoid1.asp 
33. Can be obtained via numerous web sites 
34. www.drrapp.com/index.html 
35. Health Canada Cancer Bureau; 1997 
36. San Jose Mercury News; p. 20A; November 13, 1993 
37. http://pc65.frontier.osrhe.edu/hs/science/msds/chloriam.htm 
38. http://www.vanson.com/pages/msds/MSDSHD.html 
39. NCAHF Newsletter; V.21/N3 (May-June, 1998) 
40. www.cdc.gov/niosh/npg/npgd0095.html 
41. www.ncbi.nlm.nih.gov/htbin-post/Entrez/query?uid=0010750849&form=6&db=m&Dopt=r 
42. www.wbsaunders.com/cgi-bin/AT-ajcd_twosearch.cgi 
43. www.jtbaker.com/msds/p2136.htm 
44. www.cdc.gov/niosh/homepage.html

An In-Depth Analysis of Compressed Pay Plans

By Len Clements © 2000

Before we begin this discussion of compressed pay plans, a couple of caveats.First, I want to make it clear that I am NOT addressing any particular company’s plan, but only compressed plans in general. 

Secondly, I am not saying, nor have I ever said, that compressed plans are wrong or bad. They are not. In fact, the intent behind them is actually quite noble. The argument I’m presenting here is that they are not as good as they are usually presented to be. Many of the benefits associated with such plans are usually exaggerated, and in some cases wholly fictitious. 

I’m just trying to explain the parts that you won’t hear at the opportunity meeting. 

Myth #1 – You Can Earn (big number) Dollars With Just (little number) People In Your Downline! 

Usually, the pitch goes something like this: if you just get four people who also get four, who all do a $100 monthly product purchase (and you are paid 15% on level one and 45% on level two) you’ll make $800 with just 20 people! Many promoters will even go so far as to call this scenario “Realistic” and “Conservative.” In fact, it’s ridiculous. It’s what my statistics instructor once referred to as “garbage math” (math that’s technically accurate, but extremely misleading). Aren’t we assuming here that there is a 100% activity rate, a zero percent attrition rate, and every single person that you enroll enrolls four others who buy $100 in product every month? What percent of all those you enroll do you think will enroll four others? Let’s be optimistic and say 10%. So, you’d have to actually enroll forty people to find four who’ll enroll four. Will those 16 on level two stay with no downline? Sure, a very few might stay just for the products, but certainly not most – unless you have more people under them? Right? Downlines are not pyramid shaped, they’re diamond shaped. The widest point tends to be in the middle, not the base. So, where is the bottom half of the diamond in this scenario?

Bottom line: In “real life” you’ll need a LOT more people that 20 to achieve this $800 income on a regular basis.

Myth #2 – If you can make $1,000 with just 25 people, then you can make $10,000 with just 250 people. 

Many compressed plan promoters love to show us pay out examples where 80% of your downline volume falls on the big 40-50% second level. A ratio of over $40 per distributor can be earned. But then they’ll imply (and sometimes directly state) that this huge ratio will continue in proportion to your downline growth (as in the hypothetical example above). This is naive at best, and fraudulent at worst. Sure you’ll earn $40 per distributor when the vast majority of your 15-30 active distributors are on the 40-50% level (usually the second level). But what happens when you have 200 distributors and maybe 20% of them are on the big level, and some are now out of your pay range and earning you nothing? What happens when you have 1,000 distributors and about 5% are on the big pay out level and 80% of your downline is below the third level? Now you’d likely be earning less than $5.00 per distributor. 

The larger your downline gets, the less you’ll get paid on each person – and the rate your earnings ratio decreases will be far greater than in a non-compressed plan. It will be very exciting at first if your checks rockets up to a couple hundred dollars. But, soon (much sooner than in a deeper paying plan) the rate of increase will drop to a snail’s pace. Your group could double and your check might go up only 5% because your downline growth is now primarily out of the pay range of the plan. The real unfortunate part is, most compressed plans cause you to hit this “income wall” well before you reach the income level that you could comfortably live off of. 

Bottom line: You will not maintain the large earnings per distributor ratio that’s displayed in many compressed plan income scenarios. 

Myth #3 – You have a better opportunity to earn $5,000 to $10,000 per month in a compressed plan. 

Notice how compressed plan promoters always focus on scenarios that will create a few hundred dollars per month. Why do they usually show pay out comparisons with other MLM pay plans based on only three level scenarios? Why do almost all of the income testimonials deal with how quickly people made money, but almost always amounts less than $1,000 per month? Because that’s what they’re best at – generating a few hundred dollars faster than their competition. It’s the only comparison they can win at. However, 86% of all MLMers want to earn a living at this business*. We want to sleep in in the morning, not have to commute, take a day off whenever we want to, travel more, spend more time with our families – and $800 per month ain’t gonna’ do it! In fact, those 86% want, on average, about $6,000 to $10,000 per month*. So, why don’t compressed plan proponents ever show us what our downline would have to look like to make the amount of money we actually want! 

Because you’d have to have an absurd number of people across your first and second level to fit enough sales volume on those levels to achieve these kinds of incomes, that’s why. 

What 86% of MLMers are really looking for (although most don’t know it) is a middle weighted compensation plan. One where, yes, it takes a little longer to get into profit in the beginning and makes it a lot tougher to become a millionaire, but optimized the opportunity to earn a few thousand dollars per month. 

Bottom line: In a compressed plan it’s easier to make a car payment, but it’s harder to make a living! 

Myth #4 – Compressed pay plans are plans for the “little guy,” not for “heavy hitters.” 

The “Little guy” has just as big a dream as the “Heavy Hitter.” The vast majority of “part timers” also want to become financially independent (make a comfortable living) with their MLM opportunity. Unfortunately, to earn even a modest $6,000 to $10,000 per month (that’s not even in the “heavy hitter” ball park), you’ll have to be a mega-recruiter! Do the math yourself. Create $10,000 income earning scenarios and look at the monumental width that must occur in your first two levels to achieve it. “Little guys” (part timers, average folk, what ever term you wish to use) are people who recruit one, two, maybe three people, right? Okay, just to be fair, let’s go ahead and assume everyone does recruit four. So, you have 4, 16, 64, 256, 1,024… and you’d be paid on the 4 and the 16 – that’s it. No, no “infinity” bonus because you’re a “little guy,” remember? In most plans you’ll need to sponsor around 6 to 15 people to really take full advantage of that. Now, create scenarios where everyone recruits 1 to 4 people and make it pay even $2,160 per month (the average U.S. income). It’s impossible! 

One popular compressed plan program claims you can make “$5,000 with just 120 people!” They used to pay 15% on level one, 45% on two, and a 15% “infinity” bonus starting on level three (they’ve recently changed their plan to add more depth to the pay out). Well, let’s assume you sponsor ten who sponsor ten and throw in ten more on level three. That’s 10 people on level one, 100 on the jackpot level, and ten on level three. Let’s continue this level of absurdity and assume a 100% activity rate (everyone does $100) and zero attrition. Not only would you have to be a mega-recruiter yourself, but you’ll have to recruit ten others who can recruit ten, and… you still wouldn’t make $5,000! 

Bottom line: It’s not a plan for the little guy, it’s a plan for those with little goals.

*MarketWave survey, 1990-2000.

Myth #5 – There are people making over $20,000 per month. 

I only know of three people who are working a compressed pay plan who have publicized earnings of over even $10,000 per month. One, however, routinely photocopied his checks and when his income allegedly went from $10,000 one month to over $20,000 the next, the check number only increased by 12. There are a myriad explanations for this – not of them are good. The other guy is actually buying product each month to qualify multiple positions and is citing his combined income from all of those positions. I asked the third to recalculate her income to see how much more money she could have earned if the plan was more middle weighted. She refused. 

Actually, the strategy of qualifying multiple positions makes perfect sense considering it’s the only way to access enough sales volume to make this amount of money. Of course, for every extra position you create, you screw your upline by building subsequent volume one level further away from them. The income increase you receive from the extra positions does not come from the company, it comes out of your upline’s pocket. So, if you can take money away from your upline by “double dipping” what’s stopping your downline from doing the same thing to you? They only way you can benefit from the ability to qualify multiple positions is if you do it but no one in your downline does. The option of you, or your spouse, qualifying extra positions is a feature common to compressed pay plans. The benefit is illusionary. It’s smoke and mirrors. 

Bottom line: I publicly challenged anyone working a compressed plan to show me downline data proving income of more than $20,000 per month from a single qualified position. Many claimed they did (or knew of someone who did), but not a single one has ever provided easily obtainable verification. 

Myth #6 – Retention rates are exceptionally high (or, attrition rates are exceptionally low).

    When anyone gives you an exact number here, they are flat out guessing. To me, the “retention” of a distributor means he/she is still actively working the business to some extent. When a distributor stops working the business, or realizes they are going to have a tougher time earning a good living with a compressed plan and they change their building efforts to another opportunity, then they would not be “retained,” agreed? But wait. If they knew they could keep making a token $100 purchase and continue to earn a $150 check, why would they not? It’s essentially free money. So, even though they are totally focused on building another program, they would still be counting towards “retention” figures. I know someone personally who earns about $300 per month in a compressed pay plan – and is using that money to build a downline in a competing (non-compressed) MLM company.
   
 Also, notice how much key information is usually missing from these claims. Is a “two percent attrition rate good?  Well, is it 2% over the life of the company – or 2% yesterday?  If a distributor claims they have a 60% retention rate, is that good?  If they’ve been working the business for more than a year and someone is considered inactive after just one month of inactivity, then yes it is.  If they’ve only been working for four months and inactive people are dropped after three months of no activity, then no, it’s actually quite poor. Heck, if you’re not considered inactive until you don’t renew your distributorship a year later, the first eleven months you are in such a program you could rightfully claim a 100% downline retention – even if every single distributor has quit!

    Bottom line: If you torture the data long enough, you can make it say anything.

Myth #7 –  The higher than average retention rate will increase your income.

    Although there is no solid evidence that there actually is any less attrition in compressed plans, common sense would dictate that there certainly would be some. If more people get into profit quicker, then more people will be locked in and continue to make a token product order to maintain that small income. While this is true, we must again revisit the issue of where that volume is in your downline. In other words, does it really make any difference if the sales volume goes away because the person quit, or they don’t quit and the sales volume occurs outside of the limited pay range of the plan? In a deeper paying plan you may have higher attrition, but you’ll eventually get paid on far more of the people who do stay.
    There’s also a legal consideration here. To suggest that more people will stick because their quota is smaller than their commission check is tantamount to saying they don’t really want the product, they’re just buying it as a formality. Such practice has been the catalyst to numerous legal actions by state and federal regulators (as it could be indicative of an illegal pyramid). If the compressed plan promoter were to then suggest that, in fact, that’s not the reason for the reduced attrition, but rather it’s due to some other more legitimate reason, such as an affinity towards their great products, then that’s fine. But then, that would mean that their reduced attrition had nothing to do with the compressed plan. They can’t have it both ways.

    Bottom line: The reduced attrition (if any) vs. the limited range of the pay plan is usually, at best, a wash.

Myth #8 – You can still earn in great depth due to “Infinity” and “generational” bonuses.

    Infinity bonuses pay down to the first level where there’s a distributor who is also qualified for the bonus. At that point it is totally or partially blocked. When someone in your downline reaches the equivalent infinity bonus rank as you, your infinity bonus stops with the person directly above them.
    Mr. Webster and I have a very different definition of 
infinity.
    While infinity bonuses are not wrong or bad, and they do enhance a pay plan to some degree, it is wholly illusionary that it pays even close to infinite. In fact, it is quite simple to prove mathematically that most infinity bonuses are designed to add, on average, only one, maybe two levels to the plan – that’s all!  Think about it. Most MLM companies are paying out about 40-50% on wholesale (not BVs or CVs). To pay more than 60% is risky, and more than 70% is a death wish (unless, of course, you have obscenely overpriced products or an extremely low BV to wholesale ratio). Well, most compressed plans are already paying out 50-65% on the first two levels. Let’s factor in some breakage and say it’s 50%. Now, add a third level of 10% and the company is paying 60%. Add a fourth level of 10% and you’re probably looking at a Chapter 7 bankruptcy. Some promoters of these plans will tell you that the 10% on the third level pays all the way down to infinity, thus creating the illusion that the pay out is 10%, 45%, 10%, 10%, 10%, 10%… and so on. It does not. This is classic smoke and mirrors.
    By the way, this is not theory. I’ve seen hard data that shows that over 80% of the total 
infinity bonus is derived from just the first one or two levels the bonus is paid on.
    Ask the next compressed plan promoter if you can get paid on someone 200 levels deep. When they say Yes (because they have an 
infinity bonus), ask them what the odds are that the person all the way at the top of that leg would not also be qualified for the maximum infinity bonus with a 199 level deep downline! Or, that no one among those 199 people would also be qualified and block the bonus.
    The reality is, the larger and deeper your downline grows, the more people you are going to have on your first few levels who are also going to have larger, deeper downlines. Doesn’t that make sense? So, as you’re downline gets bigger so does the layer of people right below you who are also getting the infinity bonus and blocking it. The more you need the infinity bonus, the less of it you quality for. When you fully qualify for all of it is in the early stages when you least need it!
    I’ve heard several compressed plan promoters claim that, in fact, they are paid 
twenty levels deep or I’m earning on my 30th level. Notice, they never tell us what they are earning on those levels. One honest gentleman who was making such a claim admitted to me that his 18th (bottom) level income was .03% (that’s three one hundredths of one percent) of his 18th level volume – which earned him 70 cents.  So, in fact, his claim that he was getting paid 18 levels deep in a compressed plan was a true statement.
    Unfortunately, I don’t have the space to write a primer on
generational bonuses. But those who are familiar with this concept will understand (I hope) that the same blocking phenomenon will occur here as well. The larger your downline grows, the more likely you will develop Directors or Executives in the levels closer to you. Eventually, as your downline becomes larger and you really need to get paid deeper, the three or four generations you are paid this usually small percentage on (1-4%) will also compress up to where, someday, they could simply become three to four levels.

    Bottom line:  Again, infinity and generational bonuses are good.  I’m not saying they are not. They just don’t add nearly as many levels to the pay out in reality as they do in theory.

Myth #9 – Compressed pay plans are a new, or “revolutionary” concept.

    The first pay plan I know of where the majority of the pay out fell within the first three levels was called Personal Wealth Systems. It paid three levels (about 6%, 6%, and 47%). It also launched in 1985. They eventually switched to a six level plan.
    The next one I’m aware of was called Legacy Lifeline. They launched in 1991. It took them less than three months to change to a six level plan.
    Next was Outback Secrets. They switched to a five level plan with infinity bonus after about a year.
    I was involved as a distributor for a company called Beverly Hills International. They started out paying 40% on level three. They ended by cutting that in half and spreading the balance in depth.
    Yes, this has been tried before. And in every case one of two things MUST happen – the company has strong growth, or they don’t.  If they don’t, that’s not good. I know for a fact that in three of the above examples the challenge was specifically stated as a lack of ability to 
attract leaders (why would those who feel they can build large, deep downlines want to build one in a compressed plan?). Now, if there is prolonged, strong growth, then inevitably leaders develop with large downlines. And, what do you think those leaders do when they look at their huge downline and realize that they’d be earning two or three times as much if it were in a deeper paying plan? That’s right. They either demand a restructuring of the plan, or they leave. And that’s exactly what history has shown us. It’s not just my theory, folks. Those few companies employing a compressed plan who have achieved sizable organizations are all struggling today to maintain their organizations. There are no exceptions.

    Bottom line: The past can tell the future.

Myth #10 – Compressed pay plans are “Wave 4” plans.

    The term Wave 4 was coined by Richard Poe in his best selling book of the same name (published by Prima). In an interview that appeared in the May 1994 edition if Upline Poe was quoted as saying I think the next frontier of network marketing involves the compensation plans, where everyone can realize that comp plans can evolve… that there can be more money available to rank-and-file distributors who are doing a moderate amount of work.  Many assumed Poe was referring to compressed plans and began touting such plans as Wave 4 as advocated by the famous MLM author Richard Poe. In fact, Poe was not talking about compressed plans, but was discussing the shifting of pay outs from the back end more towards the middle!
    One page 135 of Wave 4 Poe specifically addressed his feelings about compressed plans. Here he discussed the benefits of more money up front, but also addressed the 
equally obviousdisadvantages.
    At the bottom of page 135 Poe goes right to 
The Wave 4 Myth.That being, that his earlier comments in Upline were referring to compressed plans.
    One page 136, under the section titled 
A Delicate Balance he clearly describes Wave 4 plans as providing a delicate balance between front-end and back-end commissions.

    Bottom line: A Wave 4 plan is a middle weighted plan, not a compressed (front-weighted) plan.

In conclusion: When you create a plan that essentially says If you can’t build a big downline, then here’s a plan for you, you create a downline full of people who can’t build big downlines (or, at least think they can’t). In my opinion, it’s MLM welfare. It rewards mediocrity and penalizes excellence. Rather than lowering the bar, maybe we should all get back to teaching our people to jump higher.

[The following contains excerpt from the book Inside Network Marketing (also published by Prima) and an article that appeared in issue #6 of the MarketWave Alert Letter]

COMPRESSED COMPENSATION PLAN DEBATE RAGES ON.

    In September of 1998 I proposed an idea to Corey Augenstein, publisher of Network Marketing Today magazine (previously MLM Insider). I suggested that he publish a series of debate articles with two industry authorities taking opposing sides to an MLM related controversial issue. While there were myriad topics to choose from, we decided to take on the issue of compressed comp plans (those that pay the bulk of their pay out on the first two levels, usually 10-15% and 30-45% respectively). I nominated what I thought would be a worthy opponent primarily based on his success in such a plan, and his professional demeanor, at least up to that point. I took the “con” side, my opponent took the “pro” side. We each wrote a 2,400 word article presenting our case, then we each were allotted 1,200 words to rebut the other’s presentation. I wrote an opening article which dealt mainly on the manner in which many were promoting the plan, rather than attacking the plan itself. Unfortunately, rather than debate the merits of the compressed plan, my opponent instead chose to debate the merits of me.
    I have made several attempts to publicly debate the issues I raised in the article, including three hours of air time on my radio show, and every time I was met with the same frustrating challenge – my opponent seldom addressed any of the specific information in my article but instead always attempted to diminish the credibility of the source of the information (a common debate tactic usually employed when one’s argument is weak).
    To that end, what some compressed plan proponents have done recently is take my “con” article completely out of context and have disseminated it (mainly via the internet) as a stand alone article.  Then, they will attack the article as a biased propaganda piece allegedly written with malicious intent. As a result, I’ve been attacked for “focusing only on the negative” and for not presenting a “fair and balanced” presentation. Most seem to appreciate the fact that I dealt mainly with the hype that surrounds this plan, but then they often ask why I just picked on compressed plans when such hype is rampant in all types of plans. Of course, these folks are not being told that they are reading the con side of a debate article specifically focusing on this particular type of plan.
    For the record, I do not believe, nor have I ever stated, that compressed plans are wrong or bad, or should be avoided. Yes, they absolutely do offer certain advantages that other plans don’t. There are pros and cons to every type of plan. My only challenge with this type of plan always boils down to one single issue. That being…
    Based on a survey I’ve taken of over 6,000 active MLMers (from 1990 to present) the vast majority of distributors want to eventually quit their jobs and earn enough from their MLM business to comfortably live off of. The survey question read “What is the minimum you would have to earn on a monthly basis for you to consider yourself successful?” Six percent checked $86,000 (one million per year). Which means 6% misunderstood the question (I suspect most would still consider themselves successful if they only made $25,000 per month). Another 8% said they only wanted a “supplemental income” of $200-$300 per month. The remaining 86% were just looking to make a nice living, which they quantified as $6,000 to $10,000 per month (the mean response).
    So, clearly, the vast majority of MLMers are looking for a more balanced, middle weighted plan (although most of them may not know it). A compressed plan would be most advantageous to the 8% looking to make a few extra hundred bucks. However, to suggest, as almost every compressed plan promoter I’ve ever seen has done in some form or another, that you not only have a greater opportunity to get into profit (more money up front), but you have an equal or better chance at $6,000-$10,000, and “without penalizing the heavy hitter” who seeks wealth, is simply not a true statement.  If you add to the front end of a comp plan, you absolutely must take something away from the rest of the plan. That’s just common sense.
    Imagine you have a pitcher that contains 100 ounces of water (representing one dollar). You also have three cups in front of you that represent the front, middle, and back end of the compensation plan. The company can afford to pay out, let’s say, 60%. So imagine levels one and two are the front cup, levels three and four are the middle cup, and five and six are the back cup, and each level pays 10%.  So, you pour 60 ounces of water from the pitcher into the three cups. Let’s say you pour 20 ounces into each cup (so you’re essentially paying 10% down six levels). Now, tell me how you are going to add more water to the front cup without removing some from one or both of the other two cups?  Most compressed plans pour about 40 ounces of water into the front cup (about two-thirds of the pay out falls on the first two levels).
The point being, a plan cannot be all things to all people. If you add to the first two levels (heavily weighting the front of the plan), you absolutely must make it harder (I never said impossible) to earn a middle range income or create wealth. Sure, some have succeeded in earning 10K monthly incomes in compressed plans – and it took more work, more recruitment, and more sales volume to achieve their 10K monthly income by working a compressed plan as opposed to a middle weighted plan.
    The standard rebuttal (when, God forbid, someone actually focuses on the point) is that there is increased sales volume due to a lower attrition rate, which is due to more people getting into profit quicker.  While the argument has substance, no verifiable data has ever been produced to substantiate the claim. I’ll concede that there is certainly some amount of reduced attrition, however, at the point in your downline’s progression where you would first begin to earn a living in a middle weighted plan, the amount of sales volume you’re losing in a compressed plan (because it’s falling out of the pay range of the plan) would more than outweigh any reasonable estimate of increased volume due to lower attrition.  Furthermore, to suggest there are a significant number of people who are making token purchases simply to qualify for an even greater income opens up some serious pyramid issues.  If they are staying active because they love the products, that’s great. But it also means the reduced attrition has nothing to do with the compressed plan.
    As I predicted, virtually every company using a compressed plan has adjusting it to shift more of the pay out towards the middle and back of the plan. I believe we will continue to see a migration back to a more balanced, middle weighted approach.
    In the mean time, I will continue to challenge not the compressed plan structure itself, but those who present it as being advantageous to the 86% of us who want to earn $6,000 to $10,000 or more a month.  Yes, some are.  Again, I didn’t say it was impossible, just harder. If there’s any water in the middle and back cup, then there will be exceptional situations where such, or even greater incomes will be earned.  However, I challenge anyone in a compressed plan earning $10,000 or more per month to calculate their income if the pay out were evenly spread down seven levels and not come out thousands of dollars ahead.
    Compressed plans are fine, and even advantageous for certain people. But, like any type of plan, it can’t serve every income goal. One size does not fit all.
    For so many years we’ve had to deal with plans that made a few people obscenely rich at the expense of everyone else. Yes, that it true. The compressed plan is an overreaction to the mega-quota-laden, back-end heavy break away plan. It’s an extreme over-compensation. Eventually, as I said, I predict we’ll see an adjustment back towards the middle. Pay plan designers will start shifting a portion of that huge second level back down to the lower levels. Still not the best plan for the 
heavy hitter, nor as good as it was for the little guy who only wants to make a car payment. But, the man or woman who wants to make a nice, comfortable $10,000 per month will be SO glad they did!

MLM Ignorance

By Len Clements © 2002

Ignorant does not mean dumb or stupid. Ignore – ant. That is, to ignore readily available facts, thus resulting in a lack of knowledge, not a lack of intelligence. Let’s be clear on that right away lest I offend anyone who finds themselves guilty of the acts and practices described in this article. For this article is going to delve into what is surely one of the most common factors resulting in not only failure, but in many cases utter devastation, both financially and emotionally. I’m going to attempt to defy human nature (a result of millions of years of evolution – I’m not saying it’s going to be easy) and cause you to reevaluate your MLM choices from a logical, rational, educated perspective.

The now cliche’ definition of insanity is doing the same thing over and over and expecting different results. It astounds me as to how many folks I see fail at building an MLM business, then go right on to do the exact same things in their next business. Or, worse yet, join a quasi-MLM opportunity with more red flags sticking out of it than the Russian Consulate (out of ignorance as to what defines and illegal pyramid), then when it crashes and burns – they jump to another deal that is almost identical!

Why? Well, here’s where the human nature part comes in. We are, as a species, drawn towards the opportunity to get something for nothing. We don’t want to go to the gym and work out, or eat less fatty (thus delicious) foods, we want to take a pill to lose the weight. We don’t want to work for our money, we want to win the lottery. We, not all, but millions of us, believe in psychic healers, fortune tellers, and yes, pyramid schemes. All in spite of the Everest size mountain of evidence that they don’t really work. Yet, we still believe. Because we want to believe, so badly. The idea of ridding someone of all known disease by a touch on the forehead, or of someone telling you what your future holds (for $3.95 per minute), or – that you can be a millionaire in 90 days by buying some tapes for $1,000, is just so compelling, so awesome. Don’t confuse me with the facts because I have to believe this!

You would think that a little common sense, logic, and rational thinking would make the evidence pile unnecessary. Yet both appear to be powerless against that allure of “something for nothing.” If a pill or potion really cured literally everything (as some marketers will attest, and no, I’m not exaggerating), then wouldn’t this product be front page news all over the world? Wouldn’t the inventor of the product be at the head of a ticker tape parade on his/her way to receiving their Noble Prize? Wouldn’t this mean that the average lifespan of a human would now double, with all that that entails? Yet, what would appear to be the single greatest scientific breakthrough in human history is not only not being marketed by the pharmaceutical company that won the multi-billion dollar bidding war for the rights to it, it’s being marketed, with little fan fair, via only medium to small multilevel marketing companies. And thousands of what appear to be intelligent, rational people are buying these products. Or, more specifically, buying into the pitch.

Same goes for money games. If you could really get rich by buying $1,000 worth of, whatever, why aren’t we all rich? If it was really that easy, that simple, that quick, why aren’t we all doing it?

What we can and can’t say about our products, and what defines an illegal pyramid scheme, is knowledge that every network marketer should have, yet few possess – in spite of the the numerous, easily accessible, totally free sources of this information. A company with over 50,000 reps was recently shut down for alleged illegal pyramid activities (among other things). Yet, over the months or years that these good folks were putting their heart and sole into this business, the information that would have revealed the legal vulnerability of this company was less than 5 minutes away the entire time. A few clicks of a mouse is all it would have taken to avoid possible financial and emotional ruin.

But they had to believe.

Where is this information? All around you. Want to know what limitations the FDA and FTC place on our product claims? Why not ask the FTC and FDA? It’s that simple. Always has been. The FTC will tell you at http://www.ftc.gov/bcp/conline/pubs/buspubs/dietsupp.htm. The FDA will tell you what they’ve told others athttp://www.fda.gov/foi/warning.htm. Read, then reconsider your company’s product presentation. Are they (you) vulnerable? Now you will absolutely know. No more questions. Ever.

Want to know what defines a pyramid scheme? You don’t need to be an MLM expert, or lawyer, or Attorney General to figure it out. The qualification is so utterly simple. Just ask the same question that the FTC asked of Amway in 1979. Can the last person still make money? Not only is it that simple, I’m not even paraphrasing legalese. That’s literally the question the court asked (obviously, in the case of Amway, they said Yes). The ignorant position holds that you can’t be a pyramid scheme as long as you have a legitimate product. Yet, every single company that has been attacked by a state of federal regulator for pyramid violations has had some kind of product. Some, like Equinox and Jewelway, had great products. The trick is, it’s not the presence of a product that matters, it’s the motivation for buying them that regulators look at. In other words, if only distributors are buying the products and few, if any, can realistically mark up the products and retail them to non-distributors, then the last person in can’t make money. If recruits are the only one’s buying the product, then you have to keep recruiting to make money. If the distributors are buying the products because they actually want the products, that’s fine too. Ask yourself, would most (not just a few, but the vast majority) of these people still buy these products if there were no income opportunity involved? If the answer is NO, don’t touch. And just because a company pays on legitimate, retailable products, doesn’t mean they can pay on distributor training or enrollment fees as well. Just because all the commissionable products are retailable doesn’t mean you can buy $5,000 worth just to qualify for the Platinum-With-Diamonds-In-It Presidential Executive position in the compensation plan, or that the primary motive for joining might still be the hype attached to their compensation plan or recruiting system. And just because other companies have been getting away with it doesn’t mean yours will.

Sure, there is the occasional shade of gray which requires a little research and studying to interpret. But like I said, the resources are everywhere, and they are easy to understand. Check out www.mlmlaw.com or www.mlmatty.com for everything you ever wanted, or could know about what defines an illegal pyramid. My own site at www.marketwaveinc.com has an abundance of such information.

There is also an abundance of good, qualify, legally sound network marketing opportunities to choose from. They’re not hard to find either. They’re the one’s that don’t make ridiculous claims about their products, which people are actually buying because they like them. They have merit based compensation plans, and they’re training and support systems involve, God forbid, doing some of the work yourself. That has been the formula for long lasting financial success in this industry for over 65 years. Nothing will ever change it.

If every network marketing distributor were to spend no more than two hours, total, doing nothing more than perusing the five web sites listing in this article, pyramid schemes could be wiped off the face of the Earth forever, and not one person would ever again see their family’s livelihood crumble into a pile of regulatory rubble. But, alas, at least half would read it all, then ignore it. It wouldn’t support what they want to believe.

It’s just human nature.

The Binary & The Law: A Guilt by Association

By Len Clements © 2004

Every type of compensation plan, be it binary, matrix, unilevel, breakaway, Australian or Venusian, has it’s advantages and disadvantages. Each provides it’s own unique income generating benefits, and each has it’s own unique challenges. There is no perfect compensation plan. The binary plan is no exception. Having said that, one of the challenges specific to the binary is NOT it’s legality, in spite of the rampant rumors and prognostications that pervade the industry (mostly via internet message boards – now there’s a reliable source of information!).

Personally, I have no great affinity towards the binary plan itself. However, I loathe the mudslinging competitor who unjustly maligns the plan with claims of imminent regulatory action, even going so far as to suggest a pending federal action to outlaw the plan all together. Yet another example of the rise in scare-tactic recruiting that has been increasing since the early-90’s.

The argument goes that since so many state and federal attacks on MLM companies the last several years (which, overall, have been few and far between) have been on companies employing a binary-type compensation plan, clearly there must be something legally suspect with this type of plan. After all, look at the hit list: Destiny Telecom, Tele-Sales, Inc., Jewelway, Gold Unlimited, The Tax People, SkyBiz, and the list goes on. The first regulatory attack on a company using a binary plan was on the very first company that ever popularized the binary plan American Gold Eagle. This company was founded by the recognized creator of the plan, David Crowe, who latter (after AGE was closed down) started the aforementioned Gold Unlimited and who was eventually indicted on eleven federal counts, sentenced to prison, fled prosecution, and was featured on the TV program America’s Most Wanted (resulting in his eventual capture). Granted, this doesn’t bode well for the binary. But then, every accused would look guilty if we only heard from the prosecution. Let’s hear from the defense…

In each and every case in which a company using a binary plan suffered a regulatory attack, the legality of the compensation plan was NOT the target. It was what these companies were DOING with the plan that caused their legal grief, and what they were doing is the same thing that EVERY legally scrutinized MLM company in history was doing, regardless of the type of plan they used. That being, they were selling something that had no significant value beyond qualifying in the compensation plan.

In a typical binary plan distributors receive multiple “business centers” with which they may build a downline sales organization below. The more positions you “activate” the greater the potential income. In too many cases, the result was large up front purchases of products not to consume or resell, but rather to acquire multiple positions to build under. The more you buy, the more centers you activated. Therefore, you were essentially being paid for recruiting since only new recruits would make such purchases. Thus, the operation was deemed an illegal pyramid scheme (legal network marketing companies only pay commissions on retailable products that people would buy based on the actual value of the products in other words, they’d have bought them even if there were no income opportunity associated with the purchase). However, such token purchases primarily for income qualification purposes exists with every type of compensation plan. Whether you buy $5,000 worth of widgets to qualify for the Universal Master rank, or $100 worth just to meet your monthly quota, if no one is buying other than reps, and even they are, for the most part, only buying because they have to to get paid, you are equally vulnerable even if your company doesn’t use a binary plan.

State and federal regulators don’t just swoop in and permanently close down such companies. They issue injunctions or restraining orders that temporarily limit or cease operations while the company and the agency, and eventually the courts if either side chooses to take it that far, decide the eventual fate of the operation. Usually the company makes rapid and significant changes to the program in an effort to satisfy the authorities so they may resume business as usual. Historically, with rare exception, MLM companies in this situation will quickly agree to any and all revisions demanded of them, else their national sales organization quickly resembles a Road Runner cartoon a big cloud of dust with the word “POOF” in the middle of it. In fact, every company using a binary plan that was attacked was given this opportunity at some point. In fact, several companies eventually satisfied the attacking agency and were allowed to resume business. And, in fact, when all demanded changes were agreed to and the new, revised program was introduced to the field every single one of these companies STILL HAD A BINARY COMPENSATION PLAN! Clearly, the type of compensation plan they used was not the issue.

In fact, many MLM companies that have been legally attacked, or even shut down, have had perfectly legitimate products of value and a legally sound compensation plan, at least in it’s design. What many distributors today fail to understand is that regulators don’t simply ask “Is there a product or not?” or “Do people get paid for recruiting?” They watch how distributors actually use the products, and how they promote the compensation plan. In other words, they don’t take action based on what the program is designed to do, they take action based on what distributors are actually doing with it. A baseball bat is designed for the safe, innocuous task of hitting a baseball, but it can also be used as a weapon. Same with some MLM programs. They may be fine in their construct, but can cause great harm if abused.

Companies today that employ binary or binary-hybrid plans, such as Usana, Synergy, Longevity Network, Mannatech and Market America, are all considered safe, legal companies and, over a combined history of almost 30 years, have had no legal challenges to their manner of compensation. Yet, the binary aspect of these plans vary little from that used by Jewelway and Gold Unlimited. The difference is that these latter companies either sold products that had no real value to anyone (such as Destiny’s 55 per minute prepaid calling cards), or had quality products which were still only purchased primarily to qualify for a higher paying position in the plan, a la Jewelway. I once knew someone who shamefully confessed they had purchased over $35,000 worth of fine jewelry when they joined Jewelway. No, it wasn’t Mr. T or Deion Sanders. It was simply someone who was convinced by their less reputable (or legally ignorant) upline that it would financially behoove them to occupy 30 positions in the hierarchy. The more reputable companies mentioned above have products that are routinely purchased by folks who have no interest in an “income opportunity,” they just like the products. Furthermore, most of their distributors buy because they actually WANT the products, not just to meet a quota. Another vitally important difference in the design of the compensation system, or more specifically the qualifications, is that in legally sound binary companies there is no facility to purchase massive inventory loads to qualify more positions. Three’s the limit (more positions can be earned, but no additional products need be purchased to qualify them).

Viva la differance!

The legality of a network marketing opportunity has little to do with the design of their compensation structure and everything to do with the motivation for buying their products. History has shown us, over and over, that this applies to companies that use a binary plan as well.

The ‘Duplicatable System’ Myth

By Len Clements © 2000

The “system” is just so simple. You say the same thing, send the same stuff, and get the same enthusiastic response, every time. Your downline builds smoothly, swiftly, and effortlessly, because the “system” is so effective, and easily duplicatable.

In a perfect world such a system may work. Clearly, this is not a perfect world.

I’ve found there are six common challenges to many of the “systems” that are in place today.

First, many are designed more to sell tapes, tools, training or lead generation services than to build downlines. Certainly there is a value to these types of products and services, to an extent. I’m by no means anti-tools or anti-training, and I’m certainly not opposed to good lead generation sources. I’m talking about uplines who design systems as for-profit businesses. I think the system should be a break-even venture at best. The idea should be to make it as accessible (affordable) to as many people as possible, for as long as possible, with the reward coming from the resulting increase in downline sales volume.

I’ve also found many situations where uplines were not using, nor had they ever used, the very system they were pitching to their downline. Often times this would involve the promotion of massive tape or postcard mailings, or cold calling “opportunity seeker” lists. It’s no skin of the back of the upline “leader” if his downline were to waste valuable funds on these recruiting methods. Yes, tapes and postcards worked well several years ago for some. That was before the US Postal System became saturated with tapes and postcards as others attempted to duplicate their success. Such systems are based on the “numbers game” theory. Take enough shots and you’re bound to hit the target occasionally. However, imagine you’re standing in the end zone of a football field and there’s an archery target positioned at the other end of the field – and you have to shoot with your eyes closed. Now imagine it costs you a buck an arrow. 

Many systems are given the responsibility for huge, fast growth in a leader’s organization. They’ll claim to have made $10,000 their first month, thanks to their “revolutionary” and of course “duplicatable” system. The income claim may even be true (although still legally suspect, but that’s another article). But rarely, if ever, is the “duplicatable” part. What’s typically missing from the story is that the person had a substantial downline in a previous company and moved a chunk of it over. Understand, I’m not suggesting there’s anything wrong with this, as long as there’s full disclosure. If the upline were to openly admit that he made so much so soon because he moved a group over, no problem. Certainly what he did to build that original group may have been honest and duplicatable, but the SPEED and EXTENT to which his downline grew in the new company was absolutely not the responsibility of any system, nor was it duplicatable.

Still others tout the success of their system in generating faster, larger incomes when much, if not most, of that income came from a deal they cut with corporate. Several years ago, while I and a few of my friends were shopping around for a company to join, we were offered a “front line” position to one company and “double the compensation.” Every percentage in the plan double it. Yet another offered us a front line position and a gift of almost 2,000 distributors (we eventually joined a company that made no deal). While not rampant, this practice of deal making is certainly not rare. Frankly, I’m not sure I even have a problem with it as long as, again, there is full disclosure. I suppose we all have the right to make the best deal the market will allow for our services, just like any other industry as long as you don’t promote your success as being duplicatable, or based on any recruiting or sales system.

Another challenge I find with many systems in use today is that they are based on theory rather than real world experience. They’re based on how we WISH things would happen rather than what really happens. For example, the 50 line phone script where you call your friend Bob and ask him if he’d be interested in hearing about an “exciting, ground floor opportunity” or an “revolutionary new product” and Bob, according to the script, enthusiastically responds, “Sure! Tell me about it.” As anyone with even a week of practical experience has learned, Bob rarely responds with such unquestioning acceptance of your offer thus making the next 49 lines of the script useless. Or, there are systems where we are suppose to send information packages to folks that include lengthy books, or other elaborate, relatively expensive materials, as if even a few of our prospects are actually going to devour it all before we follow up with them in a few days. Then there’s the fantasy land internet recruiting systems where we, allegedly, are going to recruit massive numbers of serious, committed, hard working professional networkers based solely on some enticing verbiage and a few pretty pictures.

Finally, in the vast majority of “duplicatable systems” I’ve seen (and I’ve seen many over the last decade of full time research and practice) there’s simply no aiming at the target. Like the not-so-exaggerated example I gave to open this article, we are suppose to generate leads from the same sources, say the same scripted pitch when we contact them, then send the same information package in the mail, or direct them to the same internet site or canned phone presentation. Then, when following up, we are programmed, almost robotically, to respond to various common questions and concerns with the same pat, even cliche’ answers. Indeed, this very aspect of the system is what makes it so “duplicatable.” Yet, one of the most basic, fundamental tenants of sales, at least in every other industry, is to “target” your prospect. Learn a little about therm. Find out what there issues are their wants and needs and address them individually. Such cookie cutter systems fail in this, utterly. Yes, it’s true that opening your eyes and aiming at the target does take a little more work, and it is a skill that does improve with experience, but practicing it will cause you to hit the target ten times more often! 

Let’s dwell on this final point for a moment. Here’s a simple, no brainer, qualifying question that we teach as part of our system: “Have you ever been involved in network marketing before?” Since there are only three possible responses to this question, and an obvious follow up question, there is no need for a script here. Your prospect must answer with either: A) No I’ve never been involved, or; B) Yes, I was once but not anymore, or; C) Yes, I am right now. The follow up to each would be: A) What got you interested now?, or; B) What happened with your last experience?, or; C) Why are you looking for another opportunity? Now you simply sit back, take notes, and listen. Capture sound bites that reveal what the particular issues, concerns, fears, and desires are for this specific prospect. If they answer with B and you discover their previous company was shut down by legal authorities, or simply went bankrupt, rather than giving a predesigned speech about your “highest paying plan” or “life changing products” you might want to focus a little more on company stability. If they answer with C and say they’re dissatisfied with their current MLM program due to lack of support, you might want to emphasize your great support system. You will certainly find folks who answer with A only to discover they didn’t understand this was network marketing, and they may have some concerns about that. Best you define and defend the MLM concept first before even saying a word about your specific opportunity. You can glean so much valuable information about a prospect from this one simple qualifying question. Yet many systems are completely void of any such information gathering mechanism. They’re based on the proverbial “throw the mud against the wall and see what sticks” method. Even when it sticks, it’s still mud.

When evaluating a system, ask these questions:

How much profit is build into your training and support tools? There should be very little, and preferable none.

Did those who designed this system use the same system to build their downline? If so, when? What worked just five years ago may not be as effective today.

Did you move a group over from another company? If so, how much does that group account for your current touted income?

Did you make any kind of deal with corporate? Are you receiving any income outside what is normally paid to all other distributors? Also, ask them what level they are to the company. If they are first level, they are either a founding distributor or they cut a deal.

Did ANYONE ever actually use this system to build a substantial, sustained downline? Or, is it based on Pollyannish theory? Note: “Sustained” is a key qualifier to this question. There are many recruitment focused systems that effectively build large downlines but generate little recurrent sales volume, thus are volatile and short lived.

Are any fundamental, time proven sales methods built into the system? Specifically, does it allow for any variance in the presentation or information package? It should.

Please understand, there are many effective, proven systems being taught and practiced throughout network marketing today. As usual, I’m dwelling on the negative because, well, it’s my job. I’m here to tell you what you won’t hear at a typical opportunity meeting. Bad, or just impotent systems are not the norm, but they are all too common, and you should be aware of not only what to look for, but look out for.

The A-B-C Technique

By Len Clements © 1994

Would you ever try to pour hot coffee into a thermos with the lid still on? Could you put a video cassette into your VCR if it already had a cartridge in it? Of course not. Unfortunately, the way that most people prospect for MLM partners makes about as much sense.

For many years, we’ve all been taught to call up our friends and try to get them to come to an opportunity meeting, or at least read some information or watch a video about our MLM opportunity. To do anything different would be going against the number one commandment of our industry – duplicate what works. In other words, “Thou shalt not try to reinvent the wheel”. I’m certainly not about to suggest otherwise. However, I do believe there are very effective ways of making the wheel roll a little smoother and a little faster.

First and foremost, we must remember that when you propose your opportunity, you are offering a business opportunity. A chance at being a true entrepreneur. Secondly, you are proposing your prospect get involved with multi-level marketing. In other words, you have at least one, and probably two, major challenges here. Challenges you must overcome before you can even think about proposing your specific opportunity. Challenges that, nine times out of ten, are the main reason why your prospect won’t even look at your opportunity.

Surveys indicate that about 85% of all working Americans would like to own their own businesses, if they could. In other words, if all obstacles were removed, they would prefer to be their own boss rather than work for someone else. This amounts to approximately 160 million people! These are your MLM prospects. Now, when 160 million people want to do something and don’t do it, there must be a good reason. When they are asked, they usually come up with these four.

It takes too much money. I don’t have thousands of dollars to invest in a business.

It takes too much time. I don’t want to work 80 hours a week to get my business going.

Too risky. Over 80% of all businesses fail in the first two years.

I don’t know how. I’ve never taken any business courses. I don’t know anything about taxes, accounting, marketing, etc.

I can assure you, if your prospect is not currently operating their own business, they have considered the possibility at some time in their lives. They have also determined all the reasons why they can’t (probably all four reasons). Therefore, before you even start to offer your MLM opportunity, you might want to dispel, at least slightly, these beliefs about why they can’t go into business for themselves.

Let’s say you are having lunch with your friend and you casually mention the fact that you are thinking about starting your own business. Then you ask if they have ever considered it. Sure, they have considered it at some time or another. Well, why didn’t you, you ask. They will inevitably respond with one or more of the previous four reasons.

Now comes the fun part. You ask them if they would ever consider going into business for themselves if; the total start up costs were under $500 and the income potential was higher than the earnings of some CEO’s of fortune 500 companies; the total time investment could be as little as 10-20 hours a week; they could continue to work in their present job until the income from their business was sufficient to earn them at least an equal income, so there is little risk; and best of all, there were numerous consultants available to them who are experts at running this business, who would train and advise them personally, for an unlimited number of hours, for the life of their business, absolutely free! Not only that, you say, but there is another company that will take care of all your research and development, shipping, payroll, payroll and sales taxes, legal problems, and so on. And, this company will do this for them every month, for the life of their business, for around $20.00 a year.

Of course, your friend won’t believe any of this. Ask them if they would consider it if all this were true. Most likely they’ll say something like, “Well, sure. But there’s got to be a catch”. Is there? Is this not an exact description of your basic MLM business opportunity? Is any of this even an exaggeration? No. You’ve just completed step “A” of the “ABC” technique.

Now, for the first time during this conversation, you will suggest that this type of business involves “network” or “multi-level” marketing. But don’t get into your specific opportunity yet. There still may be a major hurdle yet to overcome. You still have step “B” to take care of.

There are basically three types of people you are going to come across during your recruiting efforts. First, the cynic or skeptic. They believe MLM’s are all scams, get-rich-quick schemes, illegal pyramids, involve door-to-door and home party sales, and so on. One person I know even referred to them as “cults”. For whatever reason, these people have a low opinion of MLM in general. The second type are those that don’t know anything about MLM. Perhaps only that it’s “something” like a pyramid, or that they’ve at least heard of AMWAY or Mary Kay. The third, unfortunately smallest, group are those that are naturally intrigued by the concept. Usually these are people who were originally in the second group who heard about someone who made a lot of money doing MLM. By the way, if you find someone in this group, skip step “B”. This step is presenting the MLM concept as a viable, honest form of business. This usually involves explaining what MLM is not, not what it is.

“You must open your prospect’s mind
before you can pour anything into it”

Step “B” could be an entire column unto itself. Basically, you may want to mention that there are well over five-million people in the U.S. that are pursuing this form of business. Also, throw out names like Rexall, MCI and US Sprint, which all involve MLM as a means of obtaining new customers. Briefly explain the obvious difference between an illegal pyramid and a legitimate MLM company. When I pursued this business (before I was forced to be “objective”) I would always include favorable articles about the MLM industry in general. You may want to lead in with a generic video or audio cassette, that serves to only legitimize the industry, not promote any particular opportunity. Whatever you can do to give the industry more credibility, do it now.

Once these first two “preparation” steps are completed, you should then hand your prospect the video or literature about your opportunity. Challenge them to find the catch. Tell them you can’t, even though you thought it was too good to be true too. Instead of trying to get them to find out what all the good things there are about your program, encourage them to find all the bad things! Challenge them to debunk it. Let’s face it. Someone would be much more likely to watch a video if it were for the purpose of justifying their negative beliefs, than to contradict them. It’s human nature.

The bottom line is this. The real trick to successful recruiting in any MLM organization is not convincing someone who has looked at your opportunity to get involved with you, it’s getting them to just look at the opportunity. Don’t you agree? Let’s face it, once someone seriously looks at a good MLM opportunity, it’s pretty hard to not be at least a little intrigued. Unfortunately, 9 out of 10 won’t seriously look. Actually, I’d guess 5 of 10 won’t look at all! You’ve got to get them to just look. If you’ve got a good opportunity, the rest will take care of itself.

A good analogy here would be the thermos and the VCR. Like the thermos, you must open your prospects mind before you can pour anything into it. And like the VCR, there may already be something in there that you might have to remove first. To borrow an analogy from Anthony Robbins (Robbins Research), it’s as if your beliefs have legs like a chair. Only these legs are usually solid steel instead of wood. Believe me, people’s beliefs as to why they can’t go into business for themselves, and sometimes what they believe MLM to be, are solid beliefs. If you don’t do something to at least weaken those legs before you come in with your new belief, forget it. It will bounce right off.

I’m certainly not suggesting that this “ABC” technique is going to knock down those legs (although it could). But if you can at least instill some doubt in the mind of your prospect, some spark of interest, or at least pessimistic curiosity, you’ve made a major gain.

I also realize this technique lends itself to certain situations better than others. For example, this technique might be a little more difficult to pull off if you do a lot of long distance sponsoring. But it’s still not impossible. Put it in writing, or better yet do your own audio tape.

For the last 30 or so years, in almost every MLM organization, we’ve all been taught to go straight to step “C”. Contact your prospect and propose your MLM business opportunity. “MLM” and “business” may be scary propositions, and needlessly so. Steps “A” and “B” are designed to reduce or eliminate this stigma, so you can bring more prospects to step “C”. Get them to look!

The Tax People: A Case Study

By Len Clements © 2000

The numerous state and federal actions against this company is now old news. Every MLM “watchdog” has reported on it as well as several news sources. I believe that what, where and when these actions were, and are being taken is certainly important, but most importantly is why. Since The Tax People, aka TTP, aka AIM, aka Advantage International Marketing, aka Renaissance, has been under investigation for both alleged securities and pyramid violations by a number of state and federal agencies, I believe it makes for an excellent case study. Here, in chronological order, is a history of TTP and it’s founder and President Michael Cooper, including commentary and a final analysis.

1984: Michael Cooper discovers network marketing. He has initial success as a distributor only to see the company fail.

1989: Cooper is the Executive VP and founder of National Energy Specialists Association.

1991: Cooper is the National Director of Training for American Gold Eagle, a gold coin MLM, and one of the early pioneers of the binary compensation plan. AGE is eventually shut down for securities and pyramid violations (they claimed the Gold Eagle coins were a great “investment”). The pyramid label was due mainly to AGE reps buying product solely to acquire additional income positions in the compensation plan (the emphasis was on recruitment, not actual sales of the products – keep that in mind for later).

[Comment: The founders of AGE, David and Martha Crowe, will go on to found Gold Unlimited (without Cooper), which will also be shut down with 11 criminal counts against David and 10 against Martha. The Crowes fled prosecution and were recently featured on the TV show America’s Most Wanted].

1992: Cooper is the founder and President of Network Institute, also a binary, which deals primarily with productivity tools. The main product is the Management Action Planner (called MAP), an elaborate, leather bound time management and productivity system. The MAP sells for $295. There is a monthly $30 charge that includes supplies for the MAP, access to a phone training system called “One Minute Manager” and a tax deduction tracking system called Tax Tracker.

1993: Cooper sells Network Institute to his partner and takes the position of Executive Vice President of a start up long distance reseller called TeleFriend (which used a unilevel comp plan). Soon after, Network Institute is merged into TeleFriend as a distributor support system. Later this same year Cooper leaves TeleFriend on unfriendly terms.

1994: Cooper assumes the position as President of a small network marketing company called Truly Special (TRI). TRI sold specialty foods manufactured by it’s parent company Briarwood Farms.

November, 1994: Cooper and other senior personnel of TRI begin holding meetings where potential incomes of $100,000 are touted with an initial “investment” of $100. Also, shares of common stock in a company called Aunt Myra’s (AMI), a non-MLM marketer of ground beef seasoning, is offered for sale to participants in TRI. During this time Cooper also conducts live, national opportunity calls.

[Comment: On one such call, which I was listening in on, Cooper questions the reasoning behind distributor requests for him to focus more on the value of the products. He responds, “If I told you you could make $10,000 a month selling horse manure, would you care what the product was!?”]

December, 1994: Truly Special, Cooper, and other senior management are hit with an “Emergency Cease and Desist” order by the Securities Division of the Kansas Attorney General’s office for selling unregistered securities without a license. Aunt Myra’s is not a public company and it’s stock can not be legally sold. Furthermore, there are charges that TRI itself is an illegally sold security based on the $100 “investment,” and the heavy emphasis placed on recruiting others to invest, rather than product sales. The state’s charges also include various full-disclosure violations, such as; they failed to disclose to investors that in 1987 Aunt Myra’s was hit with a Cease & Desist order for having violated various provisions of the Kansas securities laws, and in 1989 AMI’s President and Chairman Gary Kershner was found guilty of two felony counts of selling unregistered securities.

Early 1995: TRI and Cooper are again under investigation by the KS AG’s office. This time the focus is on pyramid violations rather than securities violations. Once again, the catalyst to the investigation is the heavy emphasis on recruitment rather than product sales. Within weeks, Cooper closes down the company.

June, 1995: Cooper launches Renaissance Designer Gallery, a marketer of high ticket goods such as jewelry, art, collectables, and gourmet food. He is the majority shareholder, owning 64.04% of it’s common stock.

April, 1996: Cooper signs a posthumous Consent Judgment pursuant to the KS AG’s investigation of Truly Special. He agrees to be “permanently enjoined from engaging in those acts and practices alleged to be deceptive or unconscionable… (and) agree that engaging in such acts or similar acts, after the date of this Consent Judgment, shall constitute a violation of this order.”

[Comment: Cooper also agrees, and is now legally obligated, to disclose the existent and provisions of the Judgment to all of his (not Truly Special’s) future employees, agents and representatives for the next two years. Allegedly, he has not done so.]

November, 1997: Advantage International Marketing (AIM) is formed as a division of Renaissance to market tax related products and services. By the end of 1997 AIM has 489 distributors. AIM would eventually be known as The Tax People.

March, 1998: Renaissance purportedly has 20,933 distributors. AIM now has 1,648.

May, 1998: During a special interactive teleconference call several hundred AIM reps are introduced to “Commitment 2000.” Cooper himself describes how all AIM reps who will commit, in writing, to simply remaining active in the company until January, 2000 will receive 1,000 shares of stock in the company “regardless of whether they ever make a sale.” He further explains that an additional 1,000 shares of stock will be issued for every sale (of the $300 Tax Advantage System) that is made. In addition, he claims 1,000 shares of this stock is “worth today over $40,000.” He concludes by cautioning against promoting or advertising the deal by means other than private invitations. He refers to the information related on the call as “double secret stuff” and further comments “There are no misdemeanors in securities violations.”

June, 1998: Cooper files form SB-2 with the SEC in preparation to register common stock in Renaissance for the purpose of sale and distribution to distributors per the “Commitment 2000” announcement made in May.

August, 1998: Cooper applies to the SEC for withdrawal of their Registration Statement citing their inability to secure a broker/dealer required for registration purposes in several states.

September, 1998: Cooper is again sanctioned by the Securities Division of the Kansas AG’s office. Again it’s for offering unregistered securities (stock in his company, which was not yet registered) and for “omissions and misrepresentations” concerning the offer. For example, disclosure documents filed by the company revealed that the tangible book value of the stock was less than 0.005 cents per share – not $40 per share as was announced on the “Commitment 2000” call. The proposed offer price was 10 cents per share. Plus, distributors were never told during the call that not only was the stock not registered, there had not yet even been any action taken to register it. Cooper is forced to rescind the “Challenge 2000” offer to the 1,196 who signed up for it.

[Comment: It should be noted here that based on the definition of a security (SEC vs. W. J. Howey Co., 1946) the “investment” made in exchange for stock need only be “consideration.” That being; money, gold dust, chickens, labor – anything of value. Indeed, the SEC has even defined a “promise” as being “consideration.”]

October, 1998: The Kansas Attorney General’s office appoints a Special Agent to begin a formal investigation into the business practices of TTP.

May, 1999: Dan Gleason, President of My Tax Man, resigns from the Board of Directors of AIM/TTP citing a difference in product philosophy. My Tax Man is the company hired to fulfill the monthly tax services supplied by AIM/TTP, such as audit protection, 1040 preparation and review, telephone consultation, etc.

June, 1999: My Tax Man sends a “Termination of Service” to Cooper announcing they will no longer be providing the ongoing monthly services.

[Comments: This may well be one of those “you can’t quit ’cause you’re fired” deals. Gleason claims there was a falling out between him and Cooper resulting in a demise of contract negotiations, so he terminated the agreement. Cooper claims he terminated the services of My Tax Man which may explain why no further contract negotiations were offered by TTP. We’ll likely never know who really terminated who first. However, Gleason did initiate his company’s separation from TTP.]

July, 1999: TTP comes under investigation by the Securities Enforcement Division of the Attorney General’s office of Hawaii for possible pyramid and securities violations.

Summer, 1999: The Missouri AG’s office begins an investigation of TTP.

August, 1999: My Tax Man is issued a subpoena by the KS Attorney General’s office demanding the TTP member database. That same month Dan Gleason is deposed by the KS AG’s investigating attorney. An agent from the Criminal Division of the IRS is present for the deposition.

August, 1999: Sandy Botkin, founder of the Tax Reduction Institute and author of TTP’s “Tax Relief System” officially parts ways with TTP, demanding that TTP discontinue use of of his products, name and likeness.

[Comment: Botkin claims he verbally requested that TTP stop using his name and material as early as May. The Tax Relief System was the up front $300 product purchased by new TTP reps which activated their position in the compensation plan.]

January, 2000: Sandy Botkin sues TTP for continuing to use his name, and for using promotional material that suggested they were still using his tax education package as their Tax Relief System.

[Comment: Several months after I had first heard that Botkin had completely disassociated himself with TTP I received in the mail, unsolicited, an audio tape featuring an interview between Michael Cooper and Sandy Botkin praising the benefits of Botkin’s “Tax Relief System.” I discovered that, in fact, the tape was still a TTP supplied sales aid even though the product being sold by TTP was no longer Botkin’s.]

April, 2000: Cooper and TTP are the subject of a moderately negative article in The Kansas City Star newspaper

[Comments: Within the article Cooper responds to questions concerning his involvement with Truly Special by saying he took the president position weeks before the legal complaint was filed and was unaware of the company’s legal problems. However, within that complaint it is stated, “Defendant Cooper is an individual who was President of Truly Special, Inc. during the time the acts alleged in paragraph eight occurred.” It further states, in paragraph eight, that “…the following acts and practices by Defendants Cooper and (codefendant) were deceptive and/or unconscionable and violate the Kansas Consumer Protection Act…”. Cooper’s signature appears at the end of the Judgment.]

April, 2000: The Criminal Division of the IRS demands the latest TTP member database from My Tax Man, which they supply.

May, 2000: W. Bradford Murray sues TTP in Federal court for copyright infringement claiming much of the tax advise in the new Tax Relief System was taken verbatim from his work. The company claims it acquired the rights legally through an intermediary.

May, 2000: The KS AG’s office reports 27 formal complaints have been filed against Renaissance, AIM and TTP dating back to 1995. Fourteen are still open (unresolved).

[Comments: The TTP spin from the field was that this was par for the MLM course. Not true. This is, relatively speaking, a substantially high number of complaints for a five year old company.]

June, 2000: In an internal IRS newsletter within an article titled “Tax Alchemy” they warn, “In a multilevel marketing scheme, unsuspecting investors may be told they can convert their personal expenses into home business deductions by selling the tax shelter program to their friends.” This is the first public hint that there is an IRS investigation of TTP.

July, 2000: TTP now claims to have over 50,000 representatives.

August, 2000: The North Carolina Attorney General advises Cooper that TTP is an illegal pyramid and they should stop soliciting NC residents.

September, 2000: Cooper and TTP are the subject of a harsher, although not entirely negative article in the New York Times. The article is primarily critical of the tax strategies taught by TTP.

September, 2000: TTP is the subject of discussion during a segment of The O’Rielly Factor, a Fox News television program. An ex-IRS commissioner is also part of the on-air discussion. The lone TTP representative (not Cooper) spends most of the ten minute segment deflecting accusations of pyramiding and defending their tax strategies.

[Comment: The segment ended on it’s only positive note with the host suggesting TTP’s $40 per month fee for audit protection “sounds like a good deal.” However, Mr. O’Rielly apparently didn’t have a calculator handy. More on this in the final commentary.]

October, 2000: The North Dakota securities commissioner issues a cease and desist order to halt “recent” offers of stock in Renaissance/TTP to at least one NC resident as an incentive to keep them participating.

[Comment: Unbelievable.]

October, 2000: The TTP home office is raided by the Criminal Division of the IRS as well as the US Postal Inspection Service.

October, 2000: The Kansas AG’s office receives inquiries about it’s investigation of TTP by 8 other states, including California and Florida, as well as from the SEC and FTC.

October, 2000: TTP agrees to a Temporary Restraining Order (TRO) requiring them to shut down their web site, halt all new sales and enrollment of new reps, and discontinue the paying of commissions and bonuses. The company’s assets are frozen, although the order does allow for the ongoing fulfillment of various services, such as audit protection and tax advice, and the payment of basic operating expenses.

[Comment: This is a state action and it separate from the federal investigations.]

December 11th, 2000: A hearing will take place to decide the resolution to the TRO. Either it will be lifted, modified, or the company will be permanently enjoined from doing further business.

In the KS AG’s Petition to the court (to be decided upon December 11th), there are several key statements. A listing and analysis of each follows:

1. “Defendants (TTP/Cooper) are responsible for the acts and omissions of their employees and agents under the legal doctrine of respondeat superior and agency.”

[Comment: Much of the spin coming from the field is that TTP was clean, but the actions of a few renegade distributors was the cause of the legal actions. The same case was made by Equinox. It didn’t work.]

2. “questionable use of home business deductions”

[Comments: Cooper and field leadership claim all the tax strategies taught by TTP are perfectly legal, thus there’s nothing to worry about. While the strategies themselves may be sound – although in some cases even that idea is being debated – it’s the manner in which they were implemented that is the challenge. Yes, it is legal to deduct a business trip even if you have some fun while you’re there – but the trip has to be primarily for business purposes. You can’t take a vacation to Hawaii, stick a few business cards on windshields and call it a business trip. Yes, it is legal to hire your children and deduct what you pay them, but they actually have to work in your business, and you have to set up a real payroll system – preparing W-4 forms, filing quarterly 941 forms, issuing W-2, etc. Yes, it is legal to deduct a portion of your home used for business – but it has to be (among numerous other limitations) an area used 100% as your primary place of business – so your kitchen table doesn’t count.

So, again, the legal challenges to the TTP strategies are not so much to do with the strategies themselves, but the questionable manner which they are being promoted and used. Remember, the IRS isn’t assuming anything. They don’t have to guess. They’ve had over a year to analyze the TTP teachings and to review the tax returns of TTP members and reps before they took action. The KS AG has had over two years. Obviously, they didn’t like what they saw.]

3. “Defendants are in the business of selling tax deductions.”

[Comments: The primary reason for starting a business must be to make a profit, not create tax deductions. If you don’t show a profit motive the business may be declared a “hobby” by the IRS thus related expenses would not be deductible. Based on everything I’ve seen and heard from TTP and it’s reps, the emphasis clearly seems to be on the tax savings you’d receive by becoming a TTP rep. In fact, a common practice among some TTP reps was to tell prospective buyers to lower their withholding for taxes even before they joined to cover the up front cost for the systems.]

4. “In essence, Defendants are selling a home based business to participants that consists of nothing more that selling the same business to other participants so that they too can take the aggressive business tax deductions promoted by Defendant’s scheme.”

[Comments: This point reminds me of those manuals on how to get rich in mail order by selling manuals on how to get rich in mail order. Essentially, the Kansas AG is saying there is really no business here, other than the business of selling the business.]

5. “The following false claims are contained in one of three of Defendant’s video tape promotions:
(a) ‘This program is approved for 8 hours of continuing professional education…’

(b) ‘Renaissance is a publicly traded company.'”

[Comment: Although Cooper did take steps to have each of these statements eventually come true, neither was at the the time the videos were produced, nor are they now.]

6. “Defendants have engaged in unconscionable acts or practices in connection with consumer transactions while knowing or having reason to know that when the consumer transactions were entered into the price of Defendant’s services grossly exceeded the price at which similar services were readily available…”

[Comments: You can’t mark up a product just to support commissions in an MLM comp plan. Indeed, there are other, non-MLM, tax services that offer almost identical services as TTP for less than half the price. The concern here is that most TTP reps were not purchasing the monthly service just for the value of the service, but to also meet the qualifications in the comp plan. In other words, they likely would not have paid $100 per month for those services if there were no income opportunity.

Is the $40 per month for audit protection a “good deal?” Well, considering the average American is 35 and the average age of death is around 75, and according to the IRS the average number of times someone is audited is once every 120 years (0.8% per year) that would mean the average TTP member would pay $19,200 in their lifetime to protect themselves from the 1 in 3 chance of being audited at least once. Of course, you could not pay the $19,200 to TTP and instead pay the best tax attorney in the country to represent you IF you are audited and still save several thousand dollars.]

7. “Defendants adopted, implemented and enforced a distribution system whereby Defendants paid commissions, bonuses and other benefits to participants who purchased ‘Founders Paks’ that were not based on the sale of bona fide products to verified end-user consumers.”

[Comments: The KS AG put this point more succinctly when she stated, “I believe it is illogical for people to buy four or more tax relief systems unless it is to expand the pyramid.” This is the crux of the pyramid accusation. Basically, MLM companies can only pay commissions on products that would realistically be purchased based on the value of the product alone. In other words, if it’s sales volume that would only be generated by enrolling a new rep, then it would be income based primarily on recruitment which is the epitome of what defines an illegal pyramid. I have asked a total of nine TTP reps what the value was to purchasing a Founder’s Pak (four Tax Relief Systems for $1,200 total) and nine out of nine responded by telling me how it would activate more income earning positions, thus I could earn more money. In one case I explained why this was a bad answer and the distributor responded by claiming I would also need extra systems for demos. Well, that would then make them sales aids and still non-commissionable (because only reps would purchase sales aids). He then decided to take a life-line and call a friend, a “top distributor” in TTP. His response was that a new rep needed extra kits so as to have “revolving inventory.” However, when a system is sold and the paperwork is sent to the company, TTP automatically drop ships a Tax Relief System. “Yes,” was the response, “so your customer now has two kits and they give one back to you to replace in your inventory.” Okay, so why tie up $900 of my family’s budget (for the extra 3 kits besides my own) in inventory I may or may not sell, when the company will drop ship on an as-needed basis? Besides that, TTP’s own marketing material promoted buying four systems to get “double the pay out.” Clearly, the first answer was the right answer, no matter how wrong it was.

What is curiously missing from any legal argument against TTP is the fact that each of the four positions that are activated with a Founder’s Pak purchase would eventually require a $100 per month purchase to keep each of them fully qualified. That would be $400 per month (which, as it was described to me, would happen automatically once your income was sufficient to cover this cost). There seems to be no doubt that this would be a token purchase just to meet a quota and not for the value of what’s received.]

8. The Petition asks the court, among various other proposed penalties, “that Defendants be permanently enjoined from engaging in any form of business involving multilevel marketing or referral sales.”

Final Analysis and Commentary

I’ve spoken with many TTP reps over the years. I’ve spoken at one of their events here in Las Vegas and met with many of them personally. I found them to be sincere, honest folks who genuinely believed in what they were doing. Today, when I listen in on their conference calls and read their on-line messages my heart aches. It looks as if most of the leadership is staying loyal based on company propaganda that suggests the TRO will be lifted, TTP will be vindicated, and it will soon be business as usual. Also, that the federal raid was initiated by competitor lies, and all the actions would be dropped once the authorities discover how TTP really operates.

Reps are also being told that many other successful companies, such as Herbalife, Nu Skin and Amway, have gone through equally challenging times and survived. Herbalife did $430 million in the U.S. in 1983. They did $30 million in ’84. TTP did $24 million last year, before the legal action. I know Herbalife, and TTP is no Herbalife. What also wasn’t woven into the spin is the fact that each of those companies were financially devastated in the U.S. by the legal actions against them and very likely survived due to revenue from foreign markets – a deep well TTP doesn’t have access to. 

Reps are also being encouraged to keep paying their $40 per month for audit protection because now, with the IRS scrutinizing their returns, they need this service more than ever! However, Cooper has openly stated that if the IRS were to audit too many client returns the company may not have the resources to fulfill its audit protection promise. What’s more, if someone has paid the $40 fee for the last few years then stops, and a past TTP prepared tax return is then audited, TTP will not represent them (typically, audits begin at least 18 months after a return is filed). You have to keep paying the $40 now to protect past returns.

Unlike what’s coming out of the TTP spin cycle, these actions are not due to “misunderstandings” perpetrated by TTP “enemies.” The IRS criminal investigation is clearly due to what they saw, not hearsay testimony by vindictive ex-experts. The raid is actually the end-stage of the investigation which, on a state level, have been on-going for over two years, and at least one year on a federal level. Understand, a search warrant can’t be obtained without strong “probable cause.” A federal raid can not be authorized without the authorities believing they already have a very strong case. A TRO could not be initiated without a judge reviewing the evidence and agreeing there is a strong case. And remember, the TRO is a state action. Even if it is lifted, there is still not one, but two separate federal investigations (IRS and U.S. Postal Service) to contend with, not to mention the various other states that have taken, or will take, action against them. There appears to be a conga-line forming.

There are three possible outcomes to the eventual ruling on the AG’s petition:

1. The company is permanently enjoined from doing business. That is, they’re gone. It’s over. This is what the AG is asking the court to do. If such action is taken it would not be unusual to also see Michael Cooper banned for life from further participation, in any capacity, in MLM. This was the penalty imposed on two of the founders of FutureNet, as well as Equinox founder Bill Gouldd. The most horrific aspect of this possible outcome is that, if TTP is formally and finally declared an illegal pyramid, all of the previous deductions taken by TTP reps may no longer be deductible.

2. TTP will be required to completely overhaul the program, which would likely include a significant price decrease, the complete elimination of Founder’s Paks (or of qualifying multiple income centers), the elimination of TTP itself as “the business” which deductions can be taken, and a provision that no purchase volume is commissionable unless there is a certain amount of verified retail sales to non-distributors (it was 50% in the Jewelway case). There could also be a court mandated refund to any current or past reps who want their money back. In other words, TTP is allowed back in business and then quickly dies a natural death by attrition.

3. The TRO is modified or remains the same and TTP fights it out in court – and to the victor go the spoils. With no end in sight to the moratorium on paying commission, reps would leave in droves. It would be business suicide.

One would think that the chances of outcome #3 happening is slim to none. But then, Michael Cooper, who is a member of Mensa (the high IQ society), seems to have an SQ (Stubbornness Quotient) even higher. I was specifically told by a representative of the KS AG’s office that their investigation was initiated due to the number of complaints being filed, almost all of which due to dishonored refund requests (which allegedly came after the 30 day window to receive refunds). The AG’s office claims refund requests were “shuffled around” to force them beyond the 30 day window. TTP denies this. Regardless, at last count there were 27 complaints. If you could have happily and swiftly refunded $300 to 27 people and avoided a state Attorney General investigation (and potential destruction of your company), wouldn’t you have just paid the refunds?

This could be the most costly $8,100 an MLM company ever saved.

Epilogue

On December 12th there were three separate live conference calls to announce the results of a settlement that had allegedly been reached with the Attorney General of Kansas. Each call was conducting by a leading distributor who informed the well over 1,000 listeners that a settlement was in fact eminent, but the details could not be announced until the “documents are filed,” which would be at any time. By the third and final call of the day the announcement was made that the details of the settlement still could not be discussed while “they cross the ‘I’s and dot the ‘t’s” (exact quote) and that the details would be announce on Sunday, the 17th. As it turns out, there was no settlement.

On December 17th Michael Cooper addressed the settlement issue on a live, national conference call. He claims the Kansas AG had proposed a settlement offer requiring TTP pay a one million dollar fine, admit guilt, and make one simple change to their plan. Allegedly, that change involved nothing more than charging a distributor the “wholesale” cost on all purchases of the Tax Advantage System after the first purchase. He claimed “everything else was fine.” The settlement also required that Cooper must step down as CEO. However, he further stated that on Monday (the day the settlement was to be announced), after agreeing on the settlement terms, the AG added several more “hoops” to the settlement. Cooper then claims to have had a discussion with other TTP leadership and, as a group, decided to forgo the settlement and await their day in court. That has been rescheduled for February 12th. In the mean time TTP can’t pay commission checks and reps may not sell or recruit.

Of course, all this begs the question, if the only thing the AG found wrong was charging full price for extra TAS kits, why the requirement to admit guilt to being a pyramid scheme, pay a million dollar fine, and banish Cooper?

Will there be a settlement before 2/12? Unlikely. That bridge seems to be burned to a cinder. On the national call, Cooper angrily made several incendiary comments regarding the Attorney General such as, “we got jerked around,” and that his “mistake was trusting and believing when I’m told we have a deal we have a deal.” He also stated that “God’s on our side” and that they were “on the brink of one of the greatest tragedies in corporate American history.”
It get’s worse.

On December 8th federal prosecutors moved to have TTP forfeit $8.9 million that was seized from 13 separate accounts associated with CEO Michael Cooper and TTP/Renaissance. The funds were seized as part of the raid conducting by the IRS and US Postal Inspectors Office. The U.S. attorney for Kansas filed a civil law suit claiming TTP has been involved in mail fraud and money laundering. Remember, this is a totally separate action from the settlement negotiations with the state Attorney General’s office.

The complaint filed by the U.S. Attorney divulged even more scathing evidence of fraud and deception by TTP and Cooper. Details of conversations between TTP corporate personnel, including Cooper, and undercover agents are described, as well as allegations of fraud pertaining to Cooper’s personal history. In one case, Cooper is videotaped while making the claim “I overpaid my taxes by $4,000 per year for the past 15 years.” However, based on IRS records there were seven years since 1985 in which Cooper’s total tax liability was less than $3,000, including two years (1991 and 1995) in which his tax liability was ZERO. In an audio tape produced by Cooper he made the statement, in regard to his involvement with Truly Special (his previous company before Renaissance) that he was “personally earning $20,000 per month and resigned as President and walked out on over $40,000 per month personal income.” According to Cooper’s 1995 income tax return, he reported no wages and a $52,545 loss from a sole proprietorship business venture. In yet another example, Cooper says on his recording, “I haven’t borrowed any money since 1982, don’t have a mortgage or payments on our home and we pay cash for whatever we want or need.” In fact, Cooper has filed three separate Chapter 13 bankruptcies since 1982, the last of which, in 1993, involved 39 separate creditors and debt totaling $167,000.

The entire 26 page complaint, along with several other legal filings, can be found at www.cjonline.com.

Could there be a settlement with the Feds? Again, not likely. Cooper addressed the federal action during the live call by assuring listeners he would fight to prevent the feds from “stealing your commissions.” He referred to the government’s pursuit of TTP as an act of “tyranny.”

Final Commentary

After listening to Cooper’s “Independence Day” style speech, it seems as if he genuinely believes neither he, nor TTP, has done anything wrong. What he fails to acknowledge is the fact that reps, and TTP literature, did routinely promote $1,200 Founder’s Packs as a way to qualify for more income, Cooper did make numerous false comments, the products were overpriced, reps did focus way too much on the tax savings rather than the profit motive (of starting a business) and they absolutely did apply the tax strategies in an overly aggressive manner. In fact, according to court documents, the IRS has audited many tax returns filed by TTP members over the past year that reported little gross sales and disproportionally high costs for automobile expenses, family wages, depreciation, travel and business use of the home. The federal lawsuit further states “During the civil review process, the IRS determined that many of these taxpayers were not legally entitled to claim these expenses, despite the fact that Renaissance promoters have claimed that these types of deductions are legal and appropriate… The majority of these audits have resulted in the disallowance of Renaissance-related business expenses and subsequent assessment of additional taxes and penalties.”

TTP is going to pay now, or they’re going to pay later. If Cooper really had his distributor’s best interests at heart, he’d take one for the team, pay the bill, admit guilt, step down, and let them get back to work.

The Tax People: Response & Rebuttal

By Len Clements © 2001

For those of you who are following the saga of Renaissance/The Tax People and have read my original expose’ (first published in November, 2000), you might also be aware of the alleged response by TTP CEO Michael Cooper. I say “alleged” because I do have doubts as to how much, if any, involvement Mr. Cooper actually had in constructing this response. Michael Cooper is a smart guy. These responses are not smart. I suspect they are actually the work of a TTP supporter who may have been working on behalf of Cooper. However, since Cooper has now had ample opportunity to disassociate himself from this response, I am going forward with this rebuttal assuming he at least has sanctioned it.

Let’s begin with the statement that introduces Cooper’s response: “CEO Mike Cooper’s point-by-point response of Len Clements widely read ‘case study’ of TheTaxPeople.net. Clements was apparently involved in several MLM organizations in the past with Mike.”

We’re off to a bad start. I was briefly involved as a distributor with a company operated by Cooper called Network Institute back in 1992. That’s it.

1984: Michael Cooper discovers network marketing. He has initial success as a distributor only to see the company fail. TRUE

1989: Cooper is the Executive VP and founder of National Energy Specialists Association (NESA). FALSE

ONLY PART-TRUE – NESA was incorporated as a not-for-profit trade association in 1984 with Mike Cooper as Executive Director, where he served until 1989. In 1989 and 1990, he was Executive Vice President of Eagle Shield, Inc., in Dallas — where he helped to build annual company sales to over $100 million a year. 

REBUTTAL: Okay, he was the Executive “Director” of NEPA in 1989, not the Executive “VP.” Otherwise, the entire statement is not only TRUE, the response just confirmed it.

1991: Cooper is the National Director of Training for American Gold Eagle, a gold coin MLM, and one of the early pioneers of the binary compensation plan. AGE is eventually shut down for securities and pyramid violations (they claimed the Gold Eagle coins were a great “investment”). The pyramid label was due mainly to AGE reps buying product solely to acquire additional income positions in the compensation plan (the emphasis was on recruitment, not actual sales of the products — keep that in mind for later). [Comment: The founders of AGE, David and Martha Crowe, will go on to found Gold Unlimited (without Cooper), which will also be shut down with 11 criminal counts against David and 10 against Martha. The Crowe’s fled prosecution and were recently featured on the TV show “America’s Most Wanted”]. FALSE

ONLY PART-TRUE – Mike Cooper was only with them for only a few months, questioned their ethics and reported in writing irregularities of the business to the North Carolina Attorney General’s office — which lead to his being one of the “key” prosecution witnesses against the Crowe’s. When asked to testify against them, he paid his own airfare and hotel expenses to North Carolina — and refused reimbursement from the government.

REBUTTAL: Again, the response to the statement labeled as “FALSE” essentially confirms the statement. Note that all I said about Cooper was that he was the National Training Director for American Gold Eagle. I made no comment as to the duration of his tenure, his motivation for leaving, nor his post-participation actions. Every word of the events described concerning AGE are accurate (which Cooper does not deny). So, exactly what was “FALSE” in my original statement?

The point of this statement was not to question the ethics of Cooper, but to point out his close, first hand experience with what was deemed to be an illegal pyramid scheme. This experience should have made him acutely aware of what defines such a scheme. That being, the paying of commission on sales volume that is only produced by distributors (thus requiring recruitment to get paid). This experience should have made him acutely aware of the legal vulnerability of offering $1,200 “Founder’s Packs” and requiring $400 per month (for redundant monthly services) to qualify four business centers.

1992: Cooper is the founder and President of Network Institute, also a binary, which deals primarily with productivity tools. The main product is the Management Action Planner (called MAP), an elaborate, leather bound time management and productivity system. The MAP sells for $295. There is a monthly $30 charge that includes supplies for the MAP, access to a phone training system called “One Minute Manager” and a tax deduction tracking system called Tax Tracker. TRUE

1993: Cooper sells Network Institute to his partner and takes the position of Executive Vice President of a start up long distance reseller called TeleFriend (which used a unilevel comp plan). Soon after, Network Institute is merged into TeleFriend as a distributor support system. FALSE

ONLY PART-TRUE – Mike Cooper and John Meadows use the Institute training systems to build the largest and fastest growing downline in TeleFriend, which prompts the company to buy the company and move both of them to their home office in Tennessee, where Mike is made Executive Vice President.

REBUTTAL: So, everything I just said is TRUE, except that I claimed Cooper sold Network Institute to his partner before taking the corporate position with TeleFriend. Well, the only reason I made this claim is because that’s what Michael Cooper told me he did! I have a very clear memory of him saying to me, during a phone conversation, that he had sold the company to John Meadows.

1993: Later this same year Cooper leaves TeleFriend on unfriendly terms. 1994: Cooper assumes the position as President of a small network marketing company called Truly Special (TRI). TRI sold specialty foods manufactured by it’s parent company Briarwood Farms. FALSE

ONLY PART-TRUE – After a year long dispute with TeleFriend owners on behalf of his downline and all other distributors because the company is not providing the telephone service promised nor paying the distributors. The owners then share their plans to bankrupt TeleFriend and launch a new company to begin selling a $200 telephone debit card pyramid. Mike refused to participate, resigned, and took a computer consulting position with Truly Special in October, 1994. In December, he was named President of Truly Special just days before legal action is taken against the company for promoting the sale of their stock before Mike joined them. Mike never promoted the stock, and as the new President, immediately prohibited the promotion of the stock just days before legal action commenced. But as the new President, he was a company officer and was named in the action as well.

REBUTTAL: Here is perhaps the single most damning response. Either Michael Cooper is outright lying, or the author of this response is, in fact, NOT Michael Cooper (thus, the author who wrote this response is outright lying about the responses coming from Cooper).

First, note the three sentences in the original point. Once again, the response specifically confirms each sentence, word for word (yet, once again, the author labels the point as “FALSE”).

“In December, he was named President of Truly Special just days before legal action is taken against the company for promoting the sale of their stock before Mike joined them.” Now I get to say it… FALSE. I have in my possession a tape recording of two separate live presentations (one a conference call the other a meeting) given by Cooper in early November of 1994. Several times during the meeting he refers to “last Tuesday” as being “the very first day of the company.”

“Mike never promoted the stock, and as the new President, immediately prohibited the promotion of the stock just days before legal action commenced.” FALSE. During these recorded presentations he heavily promotes the stock sale. “We have a very simple monthly stock purchase plan. Any associate can participate if they wish, it’s $25.00 per month minimum.” He also states, “Most multilevel companies can’t even begin to be approved in all the regulatory manners that need to be to be on the stock market. Our company already is.” [Emphasis mine] Truly Special was not approved to be on the stock market, nor was it approved to sell stock.

November, 1994: Cooper and other senior personnel of TRI begin holding meetings where potential incomes of $100,000 are touted with an initial “investment” of $100. Also, shares of common stock in a company called Aunt Myra’s (AMI), a non-MLM marketer of ground beef seasoning, is offered for sale to participants in TRI. During this time Cooper also conducts live, national opportunity calls. [Comment: On one such call, which I was listening in on, Cooper questions the reasoning behind distributor requests for him to focus more on the value of the products. He responds, “If I told you you could make $10,000 a month selling horse manure, would you care what the product was?”] FALSE

ONLY PART-TRUE – Mike Cooper never promoted “investments” in any MLM. A gift box of gourmet foods, similar to a large basket from Hickory Farms was sold for $100. Mike Cooper NEVER used the “horse manure” example. He did use the “peanuts, popcorn, or pantyhose” example as a theoretical discussion of analyzing the profit potential of a business before starting one. Whether you like the idea of selling pantyhose, wouldn’t you like to have been the first to market “Peter Pan,” “Orville Reddenbacker,” or “Leggs” pantyhose? (whether you wear them or not)?

REBUTTAL: During these recorded presentations Cooper uses the terms “invest” and “investment” numerous times. At one point Cooper rhetorically asks the audience if they’d become involved if the “total business investment was $100 [to make] $100,000 per year?” And yes, he absolutely did use the “horse manure analogy (I was on the call and heard it with my own ears).

December, 1994: Truly Special, Cooper, and other senior management are hit with an “Emergency Cease and Desist” order by the Securities Division of the Kansas Attorney General’s office for selling unregistered securities without a license. Aunt Myra’s is not a public company and it’s stock cannot be legally sold. Furthermore, there are charges that TRI itself is an illegally sold security based on the $100 “investment,” and the heavy emphasis placed on recruiting others to invest, rather than product sales. The state’s charges also include various full-disclosure violations, such as; they failed to disclose to investors that in 1987 Aunt Myra’s was hit with a Cease & Desist order for having violated various provisions of the Kansas securities laws, and in 1989 AMI’s President and Chairman Gary Kershner was found guilty of two felony counts of selling unregistered securities. FALSE

ONLY PART-TRUE – Aunt Myra’s was, and to the best of our knowledge, is still a publicly traded company whose stock can be legally bought and sold (but not highly recommended at this time by anyone we know). It went from inactive at $0.02 to over $0.18 (900% increase in price) in less than 90 days with Mike Cooper as President, and back to inactive at about $0.02 or less in the months immediately following his resignation to start Renaissance.

REBUTTAL: I conducted several searches, including an EDGAR search at the SEC web site, and found no record of a public company called “Aunt Myra’s.” That doesn’t mean there wasn’t in 1994, so I’ll concede that is was a public company. But that has nothing to do with the point! (It’s a nice dodge, though). Whether it was public or not, neither Truly Special, nor their reps (or Cooper) were licensed to sell stock. That was the issue. Also, Cooper was not the president of Aunt Myra’s. Aunt Myra’s was the parent company of Briarwood Farms, and Truly Special was the marketing arm of Briarwood Farms.

Early 1995: TRI and Cooper are again under investigation by the KS AG’s office. This time the focus is on pyramid violations rather than securities violations. Once again, the catalyst to the investigation is the heavy emphasis on recruitment rather than product sales. Within weeks, Cooper closes down the company. FALSE

ONLY PART-TRUE – The securities action based on the stock option plan of the company, and the AG investigation of the MLM program were concurrent, and both resolved in short order with consent orders admitting none of the allegations, and no charges were pressed.

REBUTTAL: Reread the original statement declared “FALSE” and then try to find anything in the response that even begins to debunk the statement. So the two actions overlapped. So what? Where did I say they were not concurrent, and how does this disprove the statement? In fact, the consent order for the securities action was signed by Cooper in December of 1994 and the order regarding the pyramid action was signed in April of 1996. But why are we even wasting time on this one? It appears to be a desperate attempt to place “FALSE” after as many statements as possible.

June, 1995: Cooper launches Renaissance Designer Gallery, a marketer of high ticket goods such as jewelry, art, collectibles, and gourmet food. He is the majority shareholder, owning 64.04% of it’s common stock. FALSE

ONLY PART-TRUE – Renaissance was originally a marketer of some of the most highly DISCOUNTED priced goods in the jewelry, art and collectible fields. Renaissance expanded into additional product lines from Wrangler blue jeans to gourmet foods as we grew. Mike Cooper was the majority shareholder, owning 90% of the stock, the other 10% “gifted” to the two other principles in gratitude for their steadfast loyalty and hard work over several years they had worked with him through their painful experiences in TeleFriend, Network Institute, and Truly Special.

REBUTTAL: So, the only thing “FALSE” about the entire statement is the 64.04% figure (the response, once again, confirms the accuracy of the rest of the statement). Actually, it is true that he didn’t own 64.04% of the stock in June of 1995. He owned 64.04% of the common stock in September of 1998 when he was again accused of securities violations (we’ll get to that in a moment). 

April, 1996: Cooper signs a posthumous Consent Judgment pursuant to the KS AG’s investigation of Truly Special. He agrees to be “permanently enjoined from engaging in those acts and practices alleged to be deceptive or unconscionable… (and) agree that engaging in such acts or similar acts, after the date of this Consent Judgment, shall constitute a violation of this order.” [Comment: Cooper also agrees, and is now legally obligated, to disclose the existent and provisions of the Judgment to all of his (not Truly Special’s) future employees, agents and representatives for the next two years. Allegedly, he has not done so.] FALSE

ONLY PART-TRUE – The consent order only required the company Truly Special and Mike Cooper to disclose to Truly Special employees, agents and representatives those provisions. As Mike Cooper was no longer affiliated with Truly Special, he had no control over what that company disclosed or not.

REBUTTAL: I’ve got a copy of the Consent Order. It clearly states that Cooper must disclose the Judgment to all of “his” future business associates. Furthermore, his failure to disclose this Judgment was cited in the 1998 securities action against Renaissance.

November, 1997: Advantage International Marketing (AIM) is formed as a division of Renaissance to market tax related products and services. By the end of 1997 AIM has 489 distributors. AIM would eventually be known as The Tax People. March, 1998: Renaissance purportedly has 20,933 distributors. AIM now has 1,648. May, 1998: During a special interactive teleconference call several hundred AIM reps are introduced to “Commitment 2000.” Cooper himself describes how all AIM reps who will commit, in writing, to simply remaining active in the company until January, 2000 will receive 1,000 shares of stock in the company “regardless of whether they ever make a sale.” He further explains that an additional 1,000 shares of stock will be issued for every sale (of the $300 Tax Advantage System) that is made. In addition, he claims 1,000 shares of this stock is “worth today over $40,000.” He concludes by cautioning against promoting or advertising the deal by means other than private invitations. He refers to the information related on the call as “double secret stuff” and further comments “There are no misdemeanors in securities violations.” FALSE

ONLY PART-TRUE – Based on what was believed to be competent legal advice, the C2000 stock was promised to IMAs at that time as a GIFT for believing and sticking with the company through the year 2000. It was “secret” only to the extent that they were warned not to make the stock part of the sales process as it was only for IMAs in the company prior to the upcoming annual convention, and no others. This call, which was recorded, specifically attached no value to the stock, but contemplates that it may or may not be valuable in the future, just as Prepaid stock went from 50¢ to as high as $40 per share.

REBUTTAL: I got my information from the Notice of Intent to Invoke Administrative Sanctions (Docket No. 99E027). If you were to obtain this document (which you can – it’s in the public domain) you can see for yourself. For example, Part 16, Section (e) quotes Cooper as saying the stock of Renaissance is “worth today $40 a share.” However, there appears there may have been some confusion on the part of the state’s investigator as to what Cooper was referring to when he mentions the value of “prepaid” stock. It looks like Cooper was using Prepaid Legal’s stock as an example, and the investigator may have thought he was referring to Renaissance stock. I’ll give them the benefit of the doubt on this one, so let’s strike the line “In addition, he claims 1,000 shares of this stock is worth today over $40,000.” Otherwise, every other word of this section is verifiably factual.

June, 1998: Cooper files form SB-2 with the SEC in preparation to register common stock in Renaissance for the purpose of sale and distribution to distributors per the “Commitment 2000” announcement made in May. FALSE

ONLY PART-TRUE – The SEC filing was made in a proper and orderly fashion to effect a normal initial public offering for the company stock, and had nothing to do with C2000.

REBUTTAL: Really? So, three years after Renaissance opens for business Cooper announces the stock promotion, then one month later files with the SEC to offer stock, and that’s just a coincidence? 

August, 1998: Cooper applies to the SEC for withdrawal of their Registration Statement citing their inability to secure a broker/dealer required for registration purposes in several states. FALSE

ONLY PART-TRUE – Based upon the Kansas Securities office advising us that they had a problem with the C2000 stock “gift,” the IPO registration was voluntarily withdrawn until this issue was resolved. The company did have multiple broker-dealers and market makers ready to handle the IPO and sales of company stock in a totally proper and legal manner.

REBUTTAL: Again, strong evidence that Michael Cooper had nothing to do with this response. Surely he would know that anyone can go to the SEC web site (www.sec.gov) and simply look at this withdrawal application, which states “The Registrant has been unable to secure a broker/dealer required for Registration purposes.” Also, he would have nailed me for getting the date wrong. This withdrawal application was actually filed on February, 2000.

September, 1998: Cooper is again sanctioned by the Securities Division of the Kansas AG’s office. Again it’s for offering unregistered securities (stock in his company, which was not yet registered) and for “omissions and misrepresentations” concerning the offer. For example, disclosure documents filed by the company revealed that the tangible book value of the stock was less than 0.005 cents per share — not $40 per share as was announced on the “Commitment 2000” call. The proposed offer price was 10 cents per share. Plus, distributors were never told during the call that not only was the stock not registered, there had not yet even been any action taken to register it. Cooper is forced to rescind the “Challenge 2000” offer to the 1,196 who signed up for it. [Comment: It should be noted here that based on the definition of a security (SEC vs. W. J. Howey Co., 1946) the “investment” made in exchange for stock need only be “consideration.” That being; money, gold dust, chickens, labor — anything of value. Indeed, the SEC has even defined a “promise” as being “consideration.”] FALSE

ONLY PART-TRUE – The consent order in this matter was based simply on the conflict of semantics and legal interpretation. We were told that we could give away our stock for FREE if we wished. The state decided to view this as an “offer to sell” for ZERO cost. An “offer to sell” must be made by a broker dealer of a registered security. Only by this definition or interpretation could any “sanction” be levied, which was a $10,000 fine in this case. All promised stock has since been delivered to over 1,100 IMA/stockholders, as ONLY FOUR people out of almost 1,200 took the refund which was offered as part of this settlement.

REBUTTAL: Yet again, the response confirms the original “false” statement. Cooper was sanctioned for selling unregistered securities. What, exactly, was “false” about my statement?

October, 1998: The Kansas Attorney General’s office appoints a Special Agent to begin a formal investigation into the business practices of TTP.

TRUE/FALSE? Who knows? Investigators are assigned to investigate companies as a daily practice in an investigative agency.

REBUTTAL: I know. Because I asked an investigator in this case when the Special Agent was first assigned.

May, 1999: Dan Gleason, President of My Tax Man, resigns from the Board of Directors of AIM/TTP citing a difference in product philosophy. My Tax Man is the company hired to fulfill the monthly tax services supplied by AIM/TTP, such as audit protection, 1040 preparation and review, telephone consultation, etc. FALSE

ONLY PART-TRUE – Gleason tenders, then withdraws his resignation in an attempt to triple his fees while not providing the contracted services. This was the only “difference in product philosophy” discussed. After carefully explaining the several terms of Gleason’s contract that were not being fulfilled by Gleason, Gleason then agrees to continue with the company, and is issued a five-figure check for providing June services to our customers, then not only does he fail to deliver the contracted services, but is actively on national conference calls for a new competitive tax service making negative comments about TheTaxPeople.net.

REBUTTAL: Dan Gleason tells a very different story (to me, and to the court, under oath). All I said was that he resigned in May of 1999. He did.

June, 1999: My Tax Man sends a “Termination of Service” to Cooper announcing they will no longer be providing the ongoing monthly services. [Comments: This may well be one of those “you can’t quit ’cause you’re fired” deals. Gleason claims there was a falling out between him and Cooper resulting in a demise of contract negotiations, so he terminated the agreement. Cooper claims he terminated the services of My Tax Man which may explain why no further contract negotiations were offered by TTP. We’ll likely never know who really terminated who first. However, Gleason did initiate his company’s separation from TTP.] FALSE
ONLY PART-TRUE – Gleason does send a termination of service letter to TTP, but only after the phone call where he was called to answer for his unethical conduct, and Gleason’s contract was terminated on that call by the company — and both parties confirmed that termination via mail.

REBUTTAL: Again, there is no need to rebut anything since the response confirms the original statement.

July, 1999: TTP comes under investigation by the Securities Enforcement Division of the Attorney General’s office of Hawaii for possible pyramid and securities violations. TRUE/FALSE?

ONLY PART-TRUE – Yes, Hawaii regulators did their job, investigated TTP and no action was taken against the company. Many other states have inquired for information from TTP over the years, and some could call these “investigations” if they wished. However, we view it as regulators simply doing their jobs, and upon review of our materials and company, no state but Kansas has taken any action against TTP.

REBUTTAL: First of all, this was not an “inquiry.” I spoke directly to a representative of the SED who said the “investigation” was concerning the “possible” operation of an illegal pyramid. Also, when a home state AG issues a Temporary Restraining Order and is seeking an Injunction against a company, it is non uncommon for other state and/or federal investigations to lay back and await the outcome. Obviously, it makes no sense for Hawaii, or any other state, to continue to use up resources investigating a company that may be put out of business soon by another agency.

Summer, 1999: The Missouri AG’s office begins an investigation of TTP. FALSE

ONLY PART-TRUE – See above.

REBUTTAL: The statement is verifiably true and the response essentially confirms it. This is one of many cases where the respondent, whomever it is, just likes to put “False” after everything.

August, 1999: My Tax Man is issued a subpoena by the KS Attorney General’s office demanding the TTP member database. That same month Dan Gleason is deposed by the KS AG’s investigating attorney. An agent from the Criminal Division of the IRS is present for the deposition. FALSE

ONLY PART-TRUE – We have reason to believe Gleason / “My Tax Man” instigated this subpoena through proactive campaign to smear TTP’s name and reputation. The very same tax strategies and marketing he endorsed as a paid contractor for TTP are now marketed by “My Tax Man” as the “Tax Toolbox,” yet he keeps a straight face while he says we are “bad,” but his copycat program is “good.” TTP filed suit against Gleason, which is ultimately “settled to the satisfaction of all parties.”

REBUTTAL: You are probably seeing a pattern here. Regardless of the alleged impetus for the AG subpoena of the TTP database or the deposition of Gleason, these events absolutely did occur during the date specified. Not one word of the response in any way disproves one word of my statement which was labeled “false.”

August, 1999: Sandy Botkin, founder of the Tax Reduction Institute and author of TTP’s “Tax Relief System” officially parts ways with TTP, demanding that TTP discontinue use of his products, name and likeness. [Comment: Botkin claims he verbally requested that TTP stop using his name and material as early as May. The Tax Relief System was the up front $300 product purchased by new TTP reps which activated their position in the compensation plan.] FALSE

ONLY PART-TRUE – Botkin was hired in early 1997 to be the voice on the “Ex-IRS Agents Don’t Lie” audio tape scripted, produced and owned by TTP. The Tax Advantage System (TAS) sold at that time was written and printed well before TTP even knew Botkin existed. He was never listed as an author and was never paid anything for or on the sales of the TAS, of which he had no interest.

REBUTTAL: In an interview with Botkin he stated that it was his material. But then, so did Michael Cooper on the a fore mentioned audio tape! Botkin refers to “the program we put together” and “my system” right on the tape, and Cooper, who is interviewing Botkin, refers to the TAS as “your course” and twice as “your program.” But again, debating this issue appears to be an attempt to deflect attention from the real concern: that being, Botkin no longer wished to be associated with TTP and did demand to have his name and material disassociated with it – and TTP continued to use this tape long after Botkin was gone.

January, 2000: Sandy Botkin sues TTP for continuing to use his name, and for using promotional material that suggested they were still using his tax education package as their Tax Relief System. [Comment: Several months after I had first heard that Botkin had completely disassociated himself with TTP I received in the mail, unsolicited, an audio tape featuring an interview between Michael Cooper and Sandy Botkin praising the benefits of Botkin’s “Tax Relief System.” I discovered that, in fact, the tape was still a TTP supplied sales aid even though the product being sold by TTP was no longer Botkin’s.] FALSE

ONLY PART-TRUE – TTP sues Botkin in September, 1998, in order to terminate his contract. The lawsuit is ultimately “settled to the satisfaction of all parties.” Botkin never sued TTP. The “Ex-IRS Agents Don’t Lie” audio tapes were always owned by TTP, not Botkin, and many independent reps used their inventory as they wished even after TTP stopped promoting Botkin in any way. The tape was one of many successes for TTP.

REBUTTAL: Botkin’s version of events is practically the exact opposite.

April, 2000: Cooper and TTP are the subject of a moderately negative article in The Kansas City Star newspaper [Comments: Within the article Cooper responds to questions concerning his involvement with Truly Special by saying he took the president position weeks before the legal complaint was filed and was unaware of the company’s legal problems. However, within that complaint it is stated, “Defendant Cooper is an individual who was President of Truly Special, Inc. during the time the acts alleged in paragraph eight occurred.” It further states, in paragraph eight, that “…the following acts and practices by Defendants Cooper and (co-defendant) were deceptive and/or unconscionable and violate the Kansas Consumer Protection Act….” Cooper’s signature appears at the end of the Judgment.] FALSE

ONLY PART-TRUE – Allegations are just that, and are often more misleading than any actions of the defendants. This is why it also states in that document that the defendants specifically DENY ALL ALLEGATIONS made herein, and that NO ADMISSIONS are made as part of agreeing to such an order.

REBUTTAL: Another attempt to deflect attention from the point, which has to do with the timing, not the validity of the accusations. Revisit the Rebuttal to the 1993/1994 Response above. Based on this evidence and the above assertions in the legal complaint, Cooper’s claim of ignorance and innocence regarding the 1994 action seems dubious – and curiously ignored in the response.

April, 2000: The Criminal Division of the IRS demands the latest TTP member database from My Tax Man, which they supply. FALSE

ONLY PART-TRUE – Again, we have reason to believe that a vindictive Gleason / “My Tax Man” instigated contact with the IRS with the intent to disrupt our business. As TTP was plaintiff in a suit against Gleason, he may have asked for these demands to be made of him so that he would not violate or compound the litigation. So, this may or may not have happened, but as Gleason had no access to TTP databases for almost two years, it is largely irrelevant.

REBUTTAL: I wonder if having your records sent, by demand, to the IRS is “largely irrelevant” to the 20,933 distributors they allegedly had two years earlier. Also, note the response essentially says this statement is “false” because it “may or may not have happened.” I hope who ever wrote this for Cooper is not a defense attorney.

May, 2000: W. Bradford Murray sues TTP in Federal court for copyright infringement claiming much of the tax advise in the new Tax Relief System was taken verbatim from his work. The company claims it acquired the rights legally through an intermediary. FALSE

ONLY PART-TRUE – TTP has never seen any work published by Bradford, and would not even know who he is, other than being told by Botkin that he and his former partner, Bradford have an ongoing conflict as to who really authored or owns Botkin’s workbook titled “Tax Advantages in the 1990s.” Bradford’s suit against TTP has been dismissed.

REBUTTAL: This one’s strange. My statement is only two sentences. The first one describes the negative event, the second one offers TTP a defense. The response confirms the negative event (Murray did sue TTP), and denies the defense. The Murray suit would have been dismissed after my article was written.

May, 2000: The KS AG’s office reports 27 formal complaints have been filed against Renaissance, AIM and TTP dating back to 1995. Fourteen are still open (unresolved). FALSE
ONLY PART-TRUE – These “formal complaints” consist of “letters” asking for unreasonable refunds, generally following many months (or years) of tax services provided, and often following earning thousands in commissions and bonuses. Several were prompted by Gleason/Botkin fans who quit TTP to work with Gleason/Botkin in new competitive ventures. With over 80,000 customers in three years, over 5,000 reasonable requests for refunds were met with immediate refunds by TTP over this same period, and only 27 complaints. That is less than .0003 (3/10,000ths) of sales!

REBUTTAL: Most of the 27 complaints I am aware of would have taken place before Gleason or Botkin left. There were “several” others after they left (over 100 actually), which would be in addition to the 27. What’s more, TTP’s VP of Operations confirmed in court that they only had about 30,000 customers/IMAs in June of 2000. So 5,000 refund requests would be 16.7% of total sales. How ever you cut it, five thousand refund requests over four years is not good. The main point here is actually magnified by the response – if you are going to gladly pay refunds to 5,000 people, why not 5,027 and save an Attorney General investigation?

[Comments: The TTP spin from the field was that this was par for the MLM course. Not true. This is, relatively speaking, a substantially high number of complaints for a five year old company.] FALSE

ONLY PART-TRUE – Clements is totally wrong on this one. We have one of the lowest complaint/customer ratios in the history of sales. As a comparison, we have been told that the local Walmart store in Topeka currently has over 100 complaints from just the one local store. Nationwide, all companies have a small percentage of people (3/10,000ths) that nothing seems to satisfy, no matter how hard you try.

REBUTTAL: You’ve got to be kidding. In the history of sales? All sales? Hyperbole aside, comparing the complaints at a local Walmart to an MLM company isn’t exactly apples to apples. A WalMart in any major city likely has more customers in one month than TTP has in a typical year. A better comparison would be to other MLM companies, and 27 is a very high number, relatively speaking.

June, 2000: In an internal IRS newsletter within an article titled “Tax Alchemy” they warn, “In a multilevel marketing scheme, unsuspecting investors may be told they can convert their personal expenses into home business deductions by selling the tax shelter program to their friends.” This is the first public hint that there is an IRS investigation of TTP. FALSE

ONLY PART-TRUE – That internal newsletter does not refer to TTP, and the IRS may well be investigating dozens of investment/tax schemes at any time. TTP is not a marketing scheme and we do not have investors in our MLM marketing efforts. We do have customers and IMAs that benefit from our services and programs.

REBUTTAL: Who ever produced these responses obviously didn’t read carefully enough. I clearly said that the IRS document referred to a “multilevel” marketing scheme which sold tax shelter programs. I am aware of only one such company in June of 2000 – The Tax People. It should also be obvious that the IRS document was using the term “investors” as a general term for those investing in their business, not a security.

July, 2000: TTP now claims to have over 50,000 representatives. FALSE

ONLY PART-TRUE – We had over 50,000 customers (now over 80,000), some of which are also IMAs.

REBUTTAL: It’s almost funny (almost) to hear how reps bragged about the 50,000 IMA’s they had amassed, but when they need to show in court a high customer-to-IMA ratio (thus demonstrating that IMAs weren’t the only one’s buying the product) suddenly only 5,000 we IMA’s and the rest were retail customers. If they did have 50,000 people paying for the monthly service (what ever you want to call them) in July of 2000, then my statement was TRUE (as the response just confirms). And if they had 30,000 in June of 2000, it now looks like my figure may have been much higher than the actual figure (there’s no way they brought in 20,000 new people in the month of July alone). The TRO and federal raids occurred in October, so are they suggesting 50,000 new members came in from July 1st (when they now claim there were 30,000) through September (80,000)? 

August, 2000: The North Carolina Attorney General advises Cooper that TTP is an illegal pyramid and they should stop soliciting NC residents. FALSE

ONLY PART-TRUE – An employee of the North Carolina AG office sent us a letter concerning a “fax blast” made by an IMA that went to a state facility, which is unlawful in NC. They advised us in that letter to C&D all fax blasts. We notified the entire field to C&D any fax or e-mail blast, and received written conformation from the NC AG office that the issue was resolved and no further investigation was planned.

REBUTTAL: According to court documents, on August 31st, 2000 Michael F. Easley of the Consumer Protection Section of the North Carolina Attorney General’s office wrote to Michael Cooper and advised him that “we have received information concerning The Tax People.net. Based on verbal descriptions [emphasis mine] and written material, we have made a determination that TTP is an illegal pyramid scheme… You are to immediately cease soliciting North Carolina residents for The Tax People.net…” A subsequent letter from the NC AG’s office specifically states that no further investigation is underway as it is their policy to not pursue a company under federal investigation until those proceedings have been concluded. The letter further stated that NC’s inaction does not mean they believe TTP is in compliance with NC law.

September, 2000: Cooper and TTP are the subject of a harsher, although not entirely negative article in the New York Times. The article is primarily critical of the tax strategies taught by TTP. FALSE

ONLY PART-TRUE – The reporter in this instance told several of us he thought “TTP is a brilliant method of mass merchandising tax planning and services to the public.” He made many positive comments that were not in his biased article.

REBUTTAL: Fine. But my statement was about the article, which the response, once again, validates.

September, 2000: TTP is the subject of discussion during a segment of The O’Reilly Factor, a Fox News television program. An ex-IRS commissioner is also part of the on-air discussion. The lone TTP representative (not Cooper) spends most of the ten minute segment deflecting accusations of pyramiding and defending their tax strategies. [Comment: The segment ended on it’s only positive note with the host suggesting TTP’s $40 per month fee for audit protection “sounds like a good deal.” However, Mr. O’Reilly apparently didn’t have a calculator handy. More on this in the final commentary.] FALSE

ONLY PART-TRUE – TTP was the subject of TWO national news broadcasts on FOX. In the first, the commentator tried to set up a confrontation between Steve Kassel and a former IRS commissioner. He not only failed to create the confrontation, but the commissioner did end up saying it sounded like a good deal. In the follow up broadcast a few days later, Mike Cooper was simply asked to explain the benefits of TTP, which he did in a positive manner.

REBUTTAL: I’m confused as to why the person writing these responses continuously writes “FALSE” after my statements then provides a response that confirms the statement. Yes, there was a Fox News program, and the host was confrontational. However, the former IRS commissioner did not say TTP sounded like a good deal, he was specifically referring only to the too brief description he was given regarding the $40 per month audit protection service.

October, 2000: The North Dakota securities commissioner issues a cease and desist order to halt “recent” offers of stock in Renaissance/TTP to at least one NC resident as an incentive to keep them participating. [Comment: Unbelievable.] FALSE

ONLY PART-TRUE – The has never been any stock offers in TTP other than C2000 described earlier. No stock has been ”recently” offered in North Dakota or anywhere else for any reason. This unfounded action by North Dakota is under investigation and resolution at this time.

REBUTTAL: Denying the allegation does not make my statement “FALSE.” In fact, yes, once again the response confirms the statement. While TTP may eventually be vindicated, that doesn’t change the fact that North Dakota took the action.

October, 2000: The TTP home office is raided by the Criminal Division of the IRS as well as the US Postal Inspection Service. TRUE

ONLY PART-TRUE – The offices were raided as part of an ongoing investigation. No charges have been filed, and we expect to be fully vindicated at the completion of the investigation.

REBUTTAL: It’s very likely that no charges have been filed because the feds are waiting to see what happens with the state action. You can’t close down a company that’s closed down. Doesn’t that make sense?

October, 2000: The Kansas AG’s office receives inquiries about it’s investigation of TTP by 8 other states, including California and Florida, as well as from the SEC and FTC. TRUE/FALSE?

ONLY PART-TRUE – We understand the AGs have weekly conference calls to share information, just as we do. With all the growth and recent headlines we have generated, we would be surprised if only eight other states requested information.

REBUTTAL: This information came directly from the AG’s office. And yes, I’m surprised it’s only eight as well.

October, 2000: TTP agrees to a Temporary Restraining Order (TRO) requiring them to shut down their web site, halt all new sales and enrollment of new reps, and discontinue the paying of commissions and bonuses. The company’s assets are frozen, although the order does allow for the ongoing fulfillment of various services, such as audit protection and tax advice, and the payment of basic operating expenses. [Comment: This is a state action and it separate from the federal investigations.] TRUE

ONLY PART-TRUE – The only option was to agree, or to stop ALL tax services, audit intervention, etc. We currently provide all tax services, advice, and audit intervention as normal to all customers pending the resumption of new sales activities in the near future.

December 11th, 2000: A hearing will take place to decide the resolution to the TRO. Either it will be lifted, modified, or the company will be permanently enjoined from doing further business. FALSE

ONLY PART-TRUE – The hearing is scheduled for Feb 12th, at which time we expect the facts, rather than opinions and allegations to speak for themselves, and we hope to be fully vindicated at that time with the voluntary Temporary Restraining Order being lifted so we can resume business as usual.

REBUTTAL: Of course, this article was written previous to the original hearing date of December 12th. The hearing was postponed to February 12th, and the ruling is now scheduled for sometime after March 16th.

In the KS AG’s Petition to the court (to be decided upon December 11th), there are several key statements. A listing and analysis of each follows: FALSE

ONLY PART-TRUE – The petition contains opinions and allegations of a handful of people. Their statements of opinion are just that, and our expert opinions will dramatically differ from theirs. The additional text of this message consisted of Clements’ biased opinions of allegations pending in this legal action, and cannot be commented upon. However, as he only saw fit to share partial truths, lies, and distortions earlier, you judge the value of his slanted, one-sided conclusions.

REBUTTAL: I blew it on two dates, one corporate title, and I’m giving them the benefit of the doubt on the status of Aunt Myra’s in 1994 and the “prepaid” example of stock value. Other than that, not only does every word of my “Case Study” stand up to scrutiny, the respondent essentially confirmed 16 out of 30 allegedly “false” statements!

What is most curious is that this chronology section of the Case Study was not the meat of the article. The second half dealt with the specifics of the allegations and why those allegations exist. My commentary was not based on just opinion, but decades of legal precedent and personal experience. I think the analysis stands on it’s own merits. The entire article, including the half that was avoided in this response, can be viewed at www.marketwaveinc.com.

What I am most critical of, more than anything, is the “partial truths and distortions” (which I’m so ironically accused of) that I feel Michael Cooper and others in a leadership role have been perpetrating on TTP loyalist who are patiently awaiting the outcome of the TRO hearing (and probably getting pretty tired of hearing “it’s almost over.”) What they are not being made fully aware of is that:

1. The hearing regarding the TRO is only the first step in the state’s action. If the TRO is lifted the state then has the ability to, and very likely will, take their case to a jury trail. This is the same right Cooper has should he not prevail in the TRO hearing. In other words, all the hoopla over “vindication” and “getting back to business” after the judges decision is sadly misguided. The state action alone could take months, or even years, to finally resolve.

2. There is still two federal investigations to contend with. Even if the TRO is lifted (a possibility) and the state declines to pursue the action further (highly unlikely), there is still a pyramid investigation by the US Postal Inspector’s office (they were part of the October raid), and a criminal investigation by the IRS.

3. It was extremely unlikely that the judge’s decision regarding the TRO would take place immediately following the conclusion of the hearing, as Cooper and others assured followers was the case. This is not The People’s Court where the judge comes back after a commercial break and makes a ruling. It is routine for there to be several days, if not weeks, before a final decision is made in hearings such as this. Why did Cooper, for weeks previous to the hearing, continually imply to his followers that the conclusion of the hearing would be the conclusion of the TRO? Not only did he suggest this, he has even stated publicly that they felt the state’s case was so poor they could have asked for a judgment without even posting a defense. However, defense attorney’s routinely request a “motion to dismiss” after the conclusion of the prosecution’s case – just as they did in this case! And the motion was denied! Wasn’t Cooper notified of this?

4. The previous action by the KS AG against Cooper when he was the President of Truly Special was due to his actions. He was not an innocent bystander.
Here are some excerpts from the two recorded presentations made by Cooper. These first ones are from the live conference call.

“You approach somebody about this business – very simple proposition to ask them one question: ‘Would you invest $100 in your business that has the potential of making you $500 a day, over $100,000 per year?’ The typical response is, Well, what is it? And my response has been, regardless of what it is, if there is a viable, legitimate, honorable business that cost $100 to invest in that could make you $100,000 per year, would you put your $100 up? The next thing I ask is, ‘Could you find two people that would do the same? Could you find two people who’d invest $100 in their financial future, no other requirements, monthly requirements, none of that garbage – put in $100, find two people to do the same thing.”

Note the common usage of the term “invest” and the complete void of any reference to a product. In fact, he asks if you would pay $100 for something to make $100,000 “regardless of what it is.” Sounds a lot like the “horse manure” claim, doesn’t it? And yes, he was knocking those companies that have monthly volume requirements, like TTP. He went on to say that Truly Special had:

“No ongoing monthly production requirements, no check qualification requirements, all the things people dislike about a program.”

Next, he acknowledges, in a positive manner, a “top” distributor who has “multiple business centers.” He states, “There is the opportunity to qualify multiple business centers and a lot of people are doing that… a lot of people start with 3 or 7 business centers.” Cooper then introduces “Eric” who claims to have “come in with” seven business centers (making a $100 product purchase for each).

If there’s any doubt left, here’s a quote from the recording of the live meeting:

“I’d venture to say if I was willing to pay you 500 bucks to get me two apps tonight – find me two people that would be willing to put $100 into a business to make $500 a day and you could make your first 500 just that quick – would I get two apps tonight? For 500 bucks wouldn’t you find two of your friends that want to make some money?… Next month your two find two people (who find two, and so on)… as 64 turns into 128, you’ll get about three payouts that month.”

He then describes a $100 autoship system that only deducts $100 (for product) from the distributor’s next check when needed to qualify for another “pay cycle” (as opposed to buying them because they actually want the product). He goes on to state that reps use this system so as to “never miss a pay check.”

And remember, this is all coming from a man who turned state’s evidence against the owners of American Gold Eagle which was declared an illegal pyramid for essentially emphasizing the sale of business centers rather than product. Again, not that Cooper was responsible for that then, but certainly he should have known not to do it with Truly Special. And after two such experiences, why would he allow the promotion of Founder’s Packs to facilitate acquiring more business centers?

Was Michael Cooper really unaware of the legal vulnerability of American Gold Eagle when he first joined it? Was he really unaware of the legal vulnerability of Truly Special when he first took over? Was he really unaware of the legal vulnerability of Renaissance/The Tax People the first four-plus years he was in control of it?

You be the judge.