John and Roman Cresto made millions of dollars selling themselves as e-commerce “experts” who could teach regular consumers and investors the secret to selling success on Amazon and Walmart, for a price.
They splashed lavish vacations and high-end cars across their social media account, creating a multimillion-dollar image of success that federal regulators now say was fueled by falsehoods and deception.
The case is the latest example of the Federal Trade Commission cracking down on deceptive e-commerce consultancies that target consumers and fledgling online businesses. A robust industry of consultants and agencies, often referred to as “coaches” or “gurus,” have emerged as retailers increasingly move online and marketplaces on sites such as Amazon and Walmart flourish. These coaches often claim to have struck it rich in e-commerce and will pass along their expertise to users who pay for expensive courses with no guarantee of success.
The FTC on Tuesday asked a judge to bar the Cresto brothers from doing business temporarily, in connection with a lawsuit the agency filed earlier this month in U.S. District Court for the Southern District of California.
The Cresto brothers “promised to expertly manage the operations of automated online stores” on both Amazon and Walmart through their companies, including Empire Ecommerce, doing everything from finding products to fulfilling orders, the complaint says. They charged consumers anywhere from $10,000 to $125,000 for the initial investment, and $15,000 to $80,000 in additional funding as working capital, the FTC alleged.
The Cresto brothers also took 35% of any profits from their “partners'” e-commerce stores, the complaint says. By June 2022, less than 10% of Empire-managed stores generated sales, the FTC alleged. By October 2022, Amazon had either suspended or terminated most of those stores for violating its policies around intellectual property and a business method called dropshipping, where companies never actually have the inventory they’re selling, and instead order products through a manufacturer after a shopper makes a purchase, the complaint says. The majority of Empire’s storefronts on Walmart’s marketplace were either never activated or terminated for policy violations, according to the FTC.
Despite the suspensions, Empire for years continued to falsely promote the success of its Amazon businesses by recruiting affiliate marketers to post splashy videos online claiming they made “significant passive income” through Empire’s automation services. Empire was able to lure more than 60 new clients through this affiliate marketing scheme and netted over $1.5 million in commission fees, the FTC alleged.
“In truth, most of Empire’s clients lost money and virtually none made the advertised amounts,” the agency wrote in its complaint.
The suspensions left Empire’s clients deeply in debt, the FTC alleged, “because Empire typically had its clients pay for inventory on credit cards.” Empire refused to refund victims tens of thousands of dollars that victims had paid out to Empire or for goods sold, the FTC alleged.
The two brothers made more than $22 million from their clients, the FTC alleged.
The millions that the Crestos diverted for themselves were spent on high-end cars, vacations and even a luxury wedding in Italy, according to the FTC complaint and social media posts.
At the beginning of this year, after selling Empire, the Crestos spun up a new business called Automators AI, which claims to teach consumers how to use artificial intelligence to become online sellers making “over $10,000 per month in sales,” and use popular AI chatbot ChatGPT to create customer service scripts, the FTC alleged. The scheme is ongoing and defrauding consumers of tens of thousands of dollars, according to the FTC.
Amazon and Walmart did not immediately respond to CNBC’s requests for comment.
A fire sale exit
As the clock ran down on Empire’s alleged fraudulent behavior, the Cresto brothers attempted to pawn off their businesses to another operator, Daniel Cohen.
Cohen is now suing the Crestos, alleging that they deceived him about the true state of the business and used him to deflect blame from themselves.
In October 2022 — the same month the FTC alleged most of Empire’s working Amazon stores had been suspended — the Cresto brothers approached Cohen, a Florida businessman, about buying their empire. Roman Cresto showed projections that suggested his business was strong and highly profitable.
Cohen told CNBC in an interview that the Crestos first messaged him via Instagram and that they met over Zoom later that month. John Cresto assured Cohen in that Zoom meeting that Empire was not facing any litigation or major concerns, beyond a “couple” of unhappy clients.
“It was something I asked them, because I do know this industry,” Cohen told CNBC. The Crestos also offered him projections that claimed Empire collected up to 50% of profit from the thousands of stores they supposedly operated.
“I’m not sure where they got their projections from,” Cohen told CNBC. “Maybe at some point they did have a store that performed well, and maybe they just used that result for everybody, but I believe most of it was likely made up.”
Cohen agreed to buy the Crestos’ business Nov. 7, 2022, wiring them $100,000 the following day. Two days later, the Crestos revealed five ongoing “legal disputes” being handled by their defense firm, Stubbs Alderton & Markiles.
“I paid Roman 490k total for 6 stores … between LLC set-ups/fees, credit card feeding, virtual store fees, their software on several that they told me would push my stores to the top, etc, etc, they scammed me for well over $525k total,” one email from a client read, according to Cohen’s lawsuit.
Dozens more complaints were languishing in an inbox, detailing alleged negligence or “shady” dealings by the Cresto brothers.
“I paid you guys $65k for a experienced store. Since starting my store has done no where near the projections. Now my store has stopped having any sales at all. I need to know why this is and what happened. I am starting to feel like I was scammed and I need to get my lawyer involved,” read another email cited in Cohen’s lawsuit.
Cohen also told CNBC that Stubbs Alderton & Markiles agreed to serve as his law firm, before firing him as a client and telling Cohen that they would now represent the Cresto brothers.
“From a moral perspective. It just doesn’t smell right,” Cohen’s present attorney, Nima Tahmassebi, told CNBC.
Attorneys at Stubbs Alderton & Markiles did not respond to CNBC’s inquiries about their handling of the cases. The Cresto brothers did not respond to CNBC’s request for comment.
Palmer Luckey, founder of Oculus and Anduril Industries, speaks during The Wall Street Journal’s WSJ Tech Live conference in Laguna Beach, California on October 16, 2023.
Patrick T. Fallon | AFP | Getty Images
Anduril Industries, Palmer Luckey’s defense-tech startup, will take over Microsoft‘s multibillion-dollar augmented reality headset program with the U.S. Army, the companies announced Tuesday.
The partnership still needs approval from the Department of Defense. If that goes through, Anduril would oversee “production, future development of hardware and software, and delivery timelines” for the U.S. Army’s Integrated Visual Augmentation System program, the companies said.
The IVAS program is intended to improve capabilities such as night vision for U.S. Army soldiers. Microsoft won a 10-year contract worth nearly $22 billion to build more than 120,000 custom HoloLens headsets for the Army back in 2021, but the company discontinued production of the device last year, according to reports. As part of the new agreement, Microsoft will continue to provide cloud and artificial intelligence capabilities for IVAS.
The hand off of the program comes at a key time for Anduril.
The startup has been in talks to raise up to $2.5 billion in funding at a $28 billion valuation, CNBC reported last week. Anduril also unveiled a partnership with OpenAI in December, and in January, the startup announced plans to invest roughly $1 billion into a manufacturing facility in Ohio.
Since its founding in 2017, Anduril has been working to shake up the defense contractor space currently dominated by Lockheed Martin and Northrop Grumman. Anduril has been a member of the CNBC Disruptor 50 list three times and ranked as No. 2 last year.
Luckey founded Anduril after his ousting from Facebook. He joined the social media company after co-founding Oculus VR, a virtual-reality startup that he sold to Facebook for $2 billion in 2014.
He was also one of the tech industry’s earliest vocal supporters of President Donald Trump. Luckey told CNBC in 2017 that he’s been on the “tech-for-Trump train for longer than just about anyone” and that the “need to be the strongest military in the world is really non-partisan.”
Luckey called Anduril’s IVAS partnership “deeply personal” and said everything in his career “has led to this moment.”
“IVAS isn’t just another product,” he wrote in a blog post. “It is a once-in-a-generation opportunity to redefine how technology supports those who serve.”
— CNBC’s Ari Levy and Morgan Brennan contributed reporting
Rapper Ye, formerly known as Kanye West, performs onstage during a “Vultures 1” concert in Inglewood, California on March 14, 2024.
Scott Dudelson | Getty Images Entertainment | Getty Images
Shopify has taken down a site advertised by rapper Ye, formerly known as Kanye West, that sold swastika t-shirts.
The rapper ran an advertisement on Sunday during the Super Bowl that directed viewers to visit Yeezy.com, where it promoted a single product — a $20 t-shirt with a black swastika. The site was online until Tuesday morning.
A Shopify spokesperson said the Canadian e-commerce company took the site down for violating its terms of service. The storefront has been replaced with an error message that reads, “This store is unavailable.”
Shopify President Harley Finkelstein told CNBC’s “Squawk on the Street” Tuesday that the website’s owners “had an entire day” to prove they weren’t violating the company’s policies, “which did not happen.”
“The moment we realized this was not actually a real commerce practice, they weren’t actually engaging in authentic commerce, we pulled it down,” Finkelstein said.
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Finkelstein called the site, which previously sold a broader selection of t-shirts, pants and jackets, “disappointing.”
“I’m a proud Jewish entrepreneur,” Finkelstein told CNBC’s Sara Eisen. “I’m a proud Jewish community member. You and I have talked about this in the past, that it’s a big part of my identity. So obviously I’m devastated by that.”
In the days leading up to the Super Bowl, Ye had shared posts praising Adolf Hitler and calling himself a Nazi on the social media site X, which is owned by Elon Musk. On Monday, his account on X was deactivated. His profile now reads: “This account doesn’t exist.”
The brief Super Bowl ad showed Ye reclining in a dentist’s chair. “I spent, like, all the money for the commercial on these new teeth,” he said. Ye then tells viewers to “go to yeezy.com.”
The Anti-Defamation League condemned the commercial on Monday, writing in a post on X that “there’s no excuse for this kind of behavior.”
In 2022, Ye was suspended from X after he posted an image of a swastika merged with the Star of David, a prominent symbol of Judaism. Months later, his account was reinstated, a decision the company reportedly made after it received reassurances from Ye that he wouldn’t use the platform to share antisemitic content, according to The Wall Street Journal.
Musk, who acquired X, then known as Twitter, in 2022, has been embroiled in controversy over his own social media posts and activity. Musk has frequently amplified antisemitic posts on X, causing some advertisers to flee the site.
In December, Musk endorsed the far-right Alternative for Germany party. And last month, Musk attracted backlash after he repeatedly used a gesture at a rally for Trump that was viewed by many historians and politicians as a Nazi salute. Musk later made jokes about it using the names of historical Nazi party figures.
An employee works at Shopify’s headquarters in Ottawa, Ontario in Canada.
Chris Wattie | Reuters
Shopify on Tuesday reported better-than-expected sales for the fourth quarter but missed on earnings. Shares whipsawed in premarket trading.
Here’s how the company did:
Earnings: 39 cents per share vs. 43 cents per share expected by LSEG
Revenue: $2.81 billion vs. $2.73 billion expected by LSEG
Shopify forecasted revenue in the first quarter to grow at a mid-20% percentage rate, which is roughly in line with analysts’ expectations of 24.4% revenue growth, according to LSEG.
“We expect the strong merchant momentum from Q4 to carry over into Q1, recognizing that Q1 is consistently our lowest [gross merchandise volume] quarter seasonally,” the company said in its earnings release.
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The first quarter includes the results of the holiday shopping season. Online spending jumped nearly 9% to $241.1 billion in November and December, according to data from Adobe Analytics, which tracks sales on retailers’ websites. That was slightly higher than analysts’ forecast for sales of $240.8 billion.
The company said it expects operating expense as a percentage of revenue to be 41% to 42% in the current quarter. That’s a step up from 31.5% in the fourth quarter.
Net income nearly doubled to $1.3 billion, or 99 cents per share, from $657 million, or 51 cents per share, a year ago.
Revenue in the fourth quarter jumped 31% from $2.14 billion in the same quarter a year earlier.
Gross merchandise volume, or the total volume of merchandise sold on the platform, came in at $94.5 billion. Analysts surveyed by FactSet were looking for GMV of $93 billion.
Shopify sells software for merchants who run online businesses as well as services such as advertising and payment processing tools. The company has made its name as a platform for small businesses and direct-to-consumer brands to launch online storefronts. More recently, it has looked to attract bigger customers, such as Reebok, Mattel and Barnes & Noble, as a way to boost its growth.