The details are fuzzy and I have more questions than answers. But here’s what we know: Investigators were hired by ViSalus to track the activities of Ocean Avenue. What were they hired to do? According to a lawsuit filed by Ocean Avenue in late 2013: “The P.I. Firm at the direction of Visalus, and Nic Sarnicola hired a computer expert located in India referred to as ‘Sumit Vishoi’ to access the email accounts of the former Visalus distributors working with Ocean Avenue, Ocean Avenue employees, Ken Dunn and Fred Ninow.”
If you want a detailed, play-by-play, read BehindMLM’s article. The facts are reported well.
At some point, the case with Ocean Avenue settled. When the lawsuit was initially filed, there were no public statements made by ViSalus, other than to say the allegations were “without merit.” At no point did ViSalus say, “Hey, we had no idea those knuckle-heads were hacking into email accounts.”
Fast forward to January 7, 2015: Four investigators associated with ViSalus were criminally indicted. The charges all stem to them accessing data without authority (i.e. hacking into accounts). The indictment is included below. If you’re reading this via email, click here to view the indictment.
It’s interesting to note that none of the ViSalus officers were indicted. While ViSalus is mentioned as having employed the investigators, none of the individual officers are listed i.e. Ryan Blair, Blake Mallen, Nic Sarnicola. I’ve heard that they participated during the grand jury investigation, hinting that they truly had no knowledge of wrongdoing. It’s just a rumor, so take it for what it’s worth. If they did NOT participate in the investigation, it’s possible that this could roll up to bite them later.
Why would these investigators risk their freedoms in exchange for a small fee? Were they instructed or encouraged by ViSalus, in any way, to obtain the electronic data?
Why would the investigators be under the impression that ViSalus would even want the data?
Why hasn’t ViSalus made ANY kind of public statement regarding their involvement (or lack thereof) of this crime?
What were the investigators originally hired to do, if not to obtain the database from Ocean Avenue so they can identify who OA was poaching (as alleged in the OA lawsuit)?
Did this have any bearing on Blythe’s decision to dump ViSalus in 2014?
The whole thing reeks, top to bottom. The only thought that comes to mind that could serve as a lesson for the rest of the industry: CULTURE MATTERS. Whether ViSalus knew or had no idea, the fact remains that the investigators were hired (which is bizarre by itself) and they broke the law while under the impression it was in ViSalus’s best interest. Over the years, I have heard of so many disturbing things coming out of the ViSalus organization. This tops it off for me.
What do you think? Any questions of your own?