Merchant Account Underwriting Tools

“The Patterns of Fraudsters Never Change”

Well, only slightly. APEX MERCHANT SERVICES, L.L.C. was formed in 2000 by Roger K. Howard. Then, in 2003 Roger K. Howard was convicted of fraud in federal court and sentenced to fifteen months in prison. (See Case 1 below).

By letter of October 7, 2007 his probation was released.

Sometime after 2001, Roger K. Howard was introduced to Kyle Kimoto, president of Assail, Inc., who was marketing a financial package that included a pay-as-you-go debit card which spawned thousands of consumer complaints. (2:07-cr-30089-MJR-1) Apex Merchant Services supplied Assail, Inc with a card for use in their marketing but, in court testimony, and contrary to other court testimony, Howard said that he told Kimoto that the card “definitely was not a credit card and that there was no credit worthiness.” Kimoto is a resident of the Federal Correctional Facility at Beaumont, TX until approximately 2033.

In another birds-of-a-feather scenario, a fellow supplier of cards to Kimoto was Peter Porcelli of Bay Area Business Council infamy. Porcelli was sentenced to 120 months in federal prison in 2010.(8:09-cr-00472-SCB-AEP All Defendants USA v.Porcelli).

According to the next Howard case (See Case 2 below) and before even being released from probation, he had begun in July 2006 a successful scheme to defraud mortgage lenders of some $7,000,000.00. His indictment in that matter was filed on January 25, 2012, and on June 21, 2013 he plead guilty and is awaiting sentencing.

Nevertheless, Colorado records indicate that Apex Merchant Services continues in good standing:
Status Good Standing Formation date 03/13/2000
ID number 20001052203 Form Limited Liability Company
Periodic report month February Jurisdiction Colorado
Term of duration Perpetual
Principal office street address 7563 s addison way, Aurora, CO 80016, United States
Principal office mailing address 7107 E Mountain Brush Circle, Highlands Ranch, CO 80130, United States
Registered Agent
Name ROGER K. HOWARD
Street address 7563 s Addison way, Aurora, CO 80016, United States
Mailing address 7563 s Addison way, Aurora, CO 80016, United States

http://www.apexmid.com/about-us/our-team/.

Not yet discouraged, Roger Howard is currently promoting yet another enterprise within the merchant account world called Consumer Confirm, LLC involving persons well known to the federal justice system.

We welcome posts or email communications relating to potential fraud by merchants or by processors.Stay tuned.

Case 1
U.S. District Court
District of Colorado (Denver)
CRIMINAL DOCKET FOR CASE #: 1:03-cr-00092-RPM-2

Case title: USA v. Kregas, et al
Date Filed: 02/25/2003
Date Terminated: 08/15/2003
________________________________________
Assigned to: Judge Richard P. Matsch

Defendant (2)
Roger K Howard
TERMINATED: 08/15/2003 represented by Jeffrey Paul Matthews
Jeffrey P. Matthews, P.C.
1200 17th Street
#2190
Denver, CO 80202
303-980-6899
Fax: 303-980-9939
Email: jeffreypmatthews@gmail.com
TERMINATED: 08/15/2003
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371.F CONSPIRACY TO DEFRAUD THE UNITED STATES
(1s) dismissed per government

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
18:1014.F FALSE LOAN AND CREDIT APPLICATION
(1)ORDERED: dft imprisoned for a term of 15 months on the Single Charge Information; execution of the sentence is stayed until noon 9/15/03 at which time dft will voluntarily surrender to institution designated by USBOP; upon release dft placed on supervised release for three (3) years; cond of supervised release; dft pay $100 to CVF immediately; dft pay restitution in the amount of $320,785.64; dft to pay $200 monthly payments beginning during the term of supervised release; interest is waived; dft shall make restitution jointly and severally with the co-dft John G.G. Kregas in this case; gov’s mtn to dismiss is granted.Highest Offense Level (Terminated)
Felony.

Case 2
1:12-cr-00039-RBJ-1 USA v. Howard et al
Date filed: 01/25/2012
Date of last filing: 06/21/2013
Roger Keith Howard (1)
Office: Denver Filed: 01/25/2012
County: Arapahoe Terminated: Reopened:
Other Court Case: None
Count: 1 Citation: 18:1343.F Offense Level: 4
FRAUD BY WIRE, RADIO, OR TELEVISION
Count: 12-13 Citation: 18:1957-3300.F Offense Level: 4
INTERSTATE COMMERCE
Count: 15 Citation: 18:1957-3300.F Offense Level: 4
INTERSTATE COMMERCE
Count: 17 Citation: 18:1343.F Offense Level: 4
FRAUD BY WIRE, RADIO, OR TELEVISION
Count: 18 Citation: 18:1343.F Offense Level: 4
FRAUD BY WIRE, RADIO, OR TELEVISION
Count: 19 Citation: 18:1343.F Offense Level: 4
FRAUD BY WIRE, RADIO, OR TELEVISION
Count: 2-11 Citation: 18:1343.F Offense Level: 4
FRAUD BY WIRE, RADIO, OR TELEVISION
Count: 20 Citation: 18:1343.F Offense Level: 4
FRAUD BY WIRE, RADIO, OR TELEVISION
Count: 21 Citation: 18:1957-3300.F Offense Level: 4
INTERSTATE COMMERCE
Defendant Custody Status: Released

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