An Australian court declared TVI Express a pyramid scheme yesterday, with Justice John Nicholas issuing a final ruling that concluded an eighteen-month legal battle. This decision found the company's operations illegal under Australian consumer law, following an earlier action by the Australian Competitive and Consumer Commission (ACCC).
In May 2010, the ACCC secured a court order against Laulhati "Teddi" Jutsen, Tina Brownlee, and David Scanlon. These individuals, identified as major players in TVI Express's Australian operations, were prohibited from promoting the scheme, accepting new member payments, or distributing funds to participants. The interim order meant others continued to promote TVI Express while the company’s legitimacy was contested in court.
Justice Nicholas described TVI as a system offering discounted accommodation and travel, alongside income-earning opportunities. Membership required a $US250 ($A253) fee. Members received a travel certificate, which supposedly entitled them to free accommodation for six nights and seven days, a companion flight, a virtual back office, an online travel portal, a self-replicating website, and business tools.
No evidence was presented to show any member had obtained the promised vacation or companion flight. Justice Nicholas was satisfied the TVI Express system operated as a pyramid-selling scheme. This ruling establishes a significant legal precedent in Australia regarding such business models.
The ACCC now expects to seek substantial fines against Jutsen, Brownlee, and Scanlon. They also plan to pursue injunctions to prevent the trio from engaging in similar conduct in the future. Australia’s maximum penalty for promoting a pyramid scheme stands at $220,000.
Justice Nicholas noted the single most important inducement held out to prospective members was the prospect of making large amounts of money by encouraging others to join.
