I'm amazed that to this day, I still haven't seen a single journalist in Arizona write about the JAWA lawsuit and the incredibly lucrative, large text message scams.
AZ Disruptors is a site about software startups in Arizona, not about covering scams, but in the absence of the Arizona Republic and the Phoenix Business Journal actually doing some investigative reporting, I'm picking up their slack. I'm not sure why they're not covering this -- I've been in contact with virtually every local news vendor in the valley.
This is absolutely awesome and incredible insight. First, JAWA seems to be arguing that because they have 240 employees, somehow, the judge should consider that as part of their argument.
That's like Enron arguing "we have 30,000 employees at Enron..."
Then it gets better. In fact, it gets really good. They assert that they have been doing business with Verizon for 4 years and Verizon's share of the revenues (30% in this case) has been worth $30 Million since 2008. WOW! That means JAWA's share of the revenues JUST FROM VERIZON for the past 2 years has been over $70 Million!
That's worth repeating. $70 Million in revenues just from 1 of the 4 major cell phone carriers.
I know it seems impossible, but it gets even better! In another part of the counterclaim, JAWA claims:
In this part, they claim that the aggregators are withholding approximately $19 Million from JAWA. This is money the cell phone companies have already billed customers, but have not yet paid to JAWA. However, the aggregators apparently don't pay the content providers (Jawa, etc.) for approximately 90 days after the service is provided.
This is probably why AT&T was willing to give me back a 3 month refund -- but not more -- without a bigger fight. If that is in fact the case, the $19 million being withheld from JAWA's represents revenue for the past 90 days. At a $19 Million per 90-day run-rate, that puts JAWA's revenues at approximately $76 Million per year (assuming no growth) from the US alone.
But, that might be a low estimate, because in another part of the JAWA Counterclaim, JAWA indicates that "JAWA's revenues generated by customers of Verizon approximated $75 Million during the past twelve months."
I know what you're thinking. You're thinking it can't get better than that, right? Just wait, there's more! JAWA also claims, "Verizon has willingly accepted and retained the profits over the last four years from what it now describes as a 'criminal enterprise' even though, during this time, it audited these practices."
Wow! That sounds a lot like JAWA is saying Verizon is our partner in crime Premium SMS Services and we don't understand why they've turned against us, all of a sudden. This very well might be true. And, it may be possible that Verizon's change of heart was initiated by Texas Attorney General, Greg Abbott. If that's the case, Kudos to him!
JAWA's defense begs the question: Do the wireless companies knowingly allow these scams to continue?
Where Are JAWA's Employees in All This?
One might think that if JAWA is doing something wrong, with more than 240 employees, there would be at least one whistle blower, right? This is where things get interesting. Remember Enron? They had more than 30,000 employees. Bernie Madoff had a $50 Billion Ponzie scheme with hundreds of employees.
Often times, employees of such companies don't get to see the big picture. They get sucked into it or have personal reasons for staying quiet (think mortgages, children, and other responsibilities). They might also be worried or intimidated by their seemingly powerful employers who are often well-connected with politicians.
In JAWA's case, at least one employee is sticking up for them. Earlier today, I had the following comment posted on my blog by a person identifying themselves as "me":
"me" seems to be a really brave guy and a dedicated employee. He's also got an interesting name. But what I don't understand is this: If JAWA is a legitimate business why is "me" so concerned? His or her comment "...and if the ship goes down I will proudly go down with it" doesn't seem like something one would say about an honest company. Ships don't just go down without a reason. Maybe the commenter knows that there are good reasons for this ship to go down.
Could Employees be Intimidated?
For the first time ever, my company Axosoft, has become the victim of intimidation techniques. Just this morning, Axosoft's Wikipedia page was vandalized. Take a look:
The link that was added to the Axosoft Wikipedia page goes to a Maricopa Superior Court page listing all the law suits that I've been a party to. I'm not certain who was behind the vandalized site, nor what their purpose was. Perhaps it is to tell me "hey, we're watching you!" Or is it to intimidate me?
Who is it from? It turns out the edits were done from an IP address related to a hosting provider known as http://www.defconservers.com, which itself looks like a shady hosting provider. Try calling their toll-free number: 1-800-998-3108. It could have been any of their customers who made the change. Or some hacker. But the timing is odd, wouldn't you say?
Intimidation doesn't work with me. It only lights the fire in my belly. But it goes to show that if someone is in fact trying to intimidate me -- and I hardly know anything about this case -- I can only imagine what the employees of a company that might be involved with fraud must endure.
Here's the thing: if you let others intimidate and stop you from doing the right thing, then what does that say about your character? Only YOU get to define who you are.
If you know any information about this, you can email me directly. My email is hamids at axosoft - do it from an anonymous email, if needed. Don't let anyone intimidate you and stop you from doing what you know is right.