Scamfluencers - ENCORE: The Hollywood Ponzi Scheme | Once Upon a Crime in Hollywood | Part II

Episode Date: January 23, 2023

Zach Horwitz is finally living out his movie star dream. He even has a new stage name. The call sheet has him listed as Zach Avery. But behind the scenes, he's starting to break character as ...a businessman. His Ponzi scheme disguised as a production company is beginning to fumble. If Zach plans to continue fooling his investors, he'll need to keep the cash flowing.Support us by supporting our sponsors!See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Starting point is 00:00:00 Hey, prime members, you can listen to scam influencers add free on Amazon music. Download the app today. Have you ever been an actor? You know, I was cast in a school play of my son, men. Uh-huh. And you played. I played the old black man because no black people auditioned for it. And I got the role by default. The play was canceled. So yeah, I do know a thing I'm too about.
Starting point is 00:00:36 You are. Right. So you understand the need for attention that actors inherently have. Right. Well, Zach Horowitz craves it too, and he's going to do anything to chase that high. So it's June 2017 and Zach has been running his Ponzi scheme for around three years. The whole thing depends on hooking new investors. Without that, it all falls apart. The Ponzi scheme, but also
Starting point is 00:01:05 Zach's dream to become a famous actor. No more new investors, no more movies for Zach to star in, and no more fancy movie star lifestyle, either. And Zach's feeling even more pressure to bring in more money now because he's about to become a father. Mallory is pregnant with their first child, so he's constantly pitching investors and taking as many meetings as he can. And one of those meetings is at the four seasons hotel in Beverly Hills. That's also where he got married.
Starting point is 00:01:34 So real full circle moment for him. Everything's coming up, Zach. He's meeting with a group of five investors from Las Vegas and California. They've given him a lot of money already. And Zack's got a site on one man in particular, Jim Russell. Zack's meeting him for the first time. And that's the guy who gave Zack
Starting point is 00:01:55 like more than half a million dollars for that movie licensing deal, right? Yeah. Jim had some reservations about investing, but ultimately he went ahead, and he's come to a late learn more. If Zach can convince him that these deals are a sure bet, he can open a pipeline to a lot more money.
Starting point is 00:02:12 And we don't know exactly how this meeting went down, but I can't help but think about Zach and Jim meeting. There's Zach, who's this buff wannabe actor with his fancy watches and a permatin. And then Jim is obviously very wealthy, but he's still kind of a blue collar guy. Like, he's an executive at a company called Performance Steel, which sounds like a weightlifting supplement brand. And like Zach swaggering into the hotel bar to meet Jim and the rest of the investors, and he's probably late, and he's like, oh, you know how LA traffic is.
Starting point is 00:02:49 And so later, when they head to a nearby restaurant for a bite, Jim sits next to Zach at dinner, and he peppers him with questions about the movie deals. He wants to know, how do they actually turn a profit? Yeah, and Jim's a legitimate businessman. I'm hoping he's sussing Zach out and he figures out that Zach is a liar. When it comes to making a pitch, he's got nerves of steel. So Zach plays it really cool.
Starting point is 00:03:17 He answers calmly, all but telling Jim that, actually, he doesn't need his money. After all, he made $20 million last year. And Zach can tell that Jim is impressed by the number. He smells blood in the water. So, Zach breaks down the details. He tells Jim that when HBO buys the rights to distribute a movie in Latin America, they guarantee a minimum payout. They also pay royalties, and they give him an informal promise to license each movie before he buys it, and that's why it's such a secure investment.
Starting point is 00:03:51 So just to make sure I have this straight, the idea is that Zach has such a great relationship with HBO that he can be like, hey, if I buy this movie, will you license the rights? And they'll be like, of course, go ahead, we want it. And Guarantee will pay you this. Yeah, that's impossible. Yeah, it, it, it, this no name actor who owns this production company that hasn't really made any big blockbusters somehow has this sweetheart deal at HBO. Oh my God. Yeah, listen, it's total nonsense. And Jim asked Zack if HBO has ever changed its mind about buying a movie. And Zack tells him, no, they've never pulled out of a deal.
Starting point is 00:04:27 And hey, even if they did, they just find another way to make sure his investors get their payday. For example, he can always sell the rights to another distributor. I like to picture Zach's studying Jim's face and just waiting for that beautiful moment. The one that he's been trained to spot as a salesman, where Jim goes from skeptical to curious to someone who wants to believe.
Starting point is 00:04:52 And then, when the server comes by, Jim orders another round. You know what that means? He's in. No, Jim, I was rooting for you. Well, Zach's future just got a whole lot richer. He can provide for his family and he can keep living out his movie star dream.
Starting point is 00:05:11 For now, but the stress of all that lying, the pressure to constantly bring in new investors, it's starting to wear on Zach. He's trying to keep it together, but cracks are starting to show. Hi, I'm Lindsay Graham, the host of Wonder East Podcast American Scandal. Our newest series looks at the story of OxyContin, a popular painkiller that helps spur an epidemic of addiction and drug abuse, in which prompted a broad campaign to hold the pharmaceutical industry accountable. Listen to American Scandal on Amazon Music or wherever you get your podcasts.
Starting point is 00:05:49 Wondery's new podcast, Disantel, wades into the glorious mess of celebrity beef. Each episode explores a different iconic celebrity feud, and asks, what does our obsession with these feuds say about us? Follow Disantel, wherever you get your podcasts. You can listen to Ad Free on the Amazon Music or Wondery app. From Wondery, I'm Sachi Cole, To speak us through a loving off your likeer
Starting point is 00:06:25 Luching In our last episode, Zack started a Ponzi scheme around movie licensing deals. He also made friends with a pair of filmmakers who helped him get roles in their movies. Yes, the unauthorized Joker short film. Exactly. And to keep up the act, he's got to keep the cash flowing.
Starting point is 00:06:45 This is episode two, once upon a crime in Hollywood. So, Zack's riding high off the four seasons meeting. Getting Jim on board is a huge win. And just a few months later, in August 2017, Zack scores another big win. He and his film production business partners, Diego and Julio Halivus, as I'm sure you recall, Sarah, they announced that one in MM has raised $5 million to make new films. Okay, I'm so sorry.
Starting point is 00:07:17 I thought the whole pitch was film licensing. Yeah, you're right. Zack hasn't been asking investors for money to make movies. He's been pitching them on licensing deals, which is a totally different thing. Yeah, give me money to make low-budget horror movies. It's not going to get someone like Jim Russell to open his wallet. You're like, hey, I have this B movie I really want to make. Yeah, so probably not.
Starting point is 00:07:40 Deadline reports that one in MM has 5 million in the bank and two films coming up and both of these movies feature our favorite Untalented beefcake Zach Avery Who up until now has had some bit parts here and there and there's something really weird about the article Adminciens both Zachs as if they're two totally different people both Zax as if they're two totally different people. So in the photo, Zach Horowitz is standing next to Julio in Diego and he's mentioned as a co-founder of 1&MM. And he's raising funds to produce these movies that Zach Avery is starring in.
Starting point is 00:08:17 There is no hint that this is actually just the same guy. He's like fully juckled and hide. There's like Hannah Montana and Miley Cyrus going on here. Like enough. Well, the very next month in September 2017, Zach and Mallory welcomed their first child, Jackson. And having a newborn isn't exactly compatible with Zach's job, or his two jobs, but he can't give up on his dreams. So he proposes that Mallory quit her job instead, because he says they can afford it. This guy honestly, he does not have one job.
Starting point is 00:08:52 Neither of his jobs are real and he's trying to get Mallory to quit her job. Yeah, and so obviously the idea of quitting makes Mallory nervous. She didn't grow up rich and she's had a job since she was 14. For the last few years, she's been working at the Ken Pavis salon in West Hollywood, and stars like Megan Fox and Eva Lungoria are in and out every day. And the salon itself is pretty slick. It's got these sleek black styling chairs and gold framed mirrors and a lush courtyard. It is very much the place where I would get ill advised things.
Starting point is 00:09:26 Anyway, Mallory has a dream job and also I can't stress this enough. It's a real job. At this point, it's clear that Mallory has her own dreams and even though a lot of money is coming in, I don't think she wants to give that up to become a state-home mom. And Zach, he knows that he's asking her to give up a really good job with a promising future for a scam, but he insists that they can afford it. He says he's made some lucky investments. Actually, he seems to be doing quite well. Their lifestyle has become increasingly lavish.
Starting point is 00:10:00 Mallory presses Zach about it sometimes. Can they really afford that fancy new car? What about the luxury watch subscription service? And do they really need to take private jets to Vegas? You know what, the watches are one thing, but the planes? That's some real big baller shot collar stuff. Like, it's insane to me that he's doing that. He has no jobs, and he's never been in an actual movie.
Starting point is 00:10:23 Yeah. For real. Right, so to recap zero real jobs, but private jets. And Zach obviously controls their finances. So Mallory is in the dark about how much money they really have beyond what she herself is making. And when Mallory hesitates about quitting her job, Zach drops the hammer. He says that they have $40 million in the bank.
Starting point is 00:10:47 Okay, that's an amount of money where she should be asking way more questions and if they were broke. Yeah, it's the kind of money that's probably stuffed in the pillows of their couch. Yeah, that's not okay. But you know what, I guess in all fairness, if I was married to somebody and he told me we had $40 million liquid just sitting there. I would probably feel differently about leaving my job behind just to be like rich and white. What would you buy with that? A whole new face and body. Yeah, you would just be a different person. Yeah, I think I would buy a toilet seat that warmed my butt.
Starting point is 00:11:18 I would give a lot of money to charity. Oh, that sucks. I can't change your answer to charity after I said like hot toilet seat. That's not fair. I'm sorry. Well, anyway, Zach tells her that he can provide for her and the baby. So will she do this for him, for their family, for newborn baby Jackson? You know what?
Starting point is 00:11:41 I'd quit my job if my husband that I trusted said he had $40 million in the bank. Yeah, I mean, I guess I'd probably do the same. But Mallory doesn't know it yet, but she's about to become even more dependent on Zack's lies. And she's not the only one that he's got wrapped around his finger. Sarah, things on the business side really heat up in the following month. Do you remember our friend, Romick? He was the super gung-ho investor in Las Vegas who convinced his friend Jim Russell to get it on Zack's movie deals. Yeah, he's the tennis friend who might ruin Jim's whole life.
Starting point is 00:12:18 Well, I actually have a picture of Romick that I absolutely have to show you. Can you describe it for us? Yeah, let me take a look here. Oh. Okay, I wasn't expecting him to look like this. He looks moneyed. He's wearing like a wine-colored velvet jacket. He's wearing kind of fancy leather shoes.
Starting point is 00:12:39 And he is with an absolute 10. Who I desperately want to be on one of the real housewives' franchises. If there's a real housewives of Las Vegas coming up, I want her on it. He really does look like a house husband. That's a really good point. And Romick is thirsty. Ever since he and Jim met with Zach and L.A. a few months ago, Romick has been champing at the bit to invest more.
Starting point is 00:13:06 And he's pushing Jim to get in deeper too. So the same month that Jackson is born, Jim and Romick set up a company with the other investors in the Las Vegas group. This way, they can pull their funds to make bigger investments. And they call it, I swear to God, this is what they decided to call it,
Starting point is 00:13:25 the movie fund. No, yes. I mean, creativity is not like a highly valued trait amongst investors. And then hire someone to do the branding. They should have called us. Well, right after they formed the company, the movie fund investors by four more movies
Starting point is 00:13:42 for a total price of 2.2 million. That is a lot of money, but they stand to make 400,000 in profits from the deal. Wow, I mean, that's a lot, especially for all these things that aren't real. None of this is real. So much money for fake shit. So obviously, Jim wants to track his investment. A couple months later, Jim asks to see one in M.M.'s quarterly financial statements, but Zach says he can't share them. And I have the response that Zach sends back to Jim. So, Sarah, do you want to read it? Okay, here goes.
Starting point is 00:14:17 Wish I could be more accommodating. This is simply not a precedent I'm going to set. I've been completely transparent from day one in the fact that I do not want you guys or anyone to invest one dollar more than you are comfortable investing. Yeah. And you can tell that Zach is a little freaked out
Starting point is 00:14:34 by Jim's request. But as you can imagine, Jim is not happy to hear this. About 20 minutes after hearing from Zach, he writes his own email to Romick. Do you want to read it? It goes, it is absolutely ridiculous that he does not want to share his financials as we are currently lending 5 mil. This is a very common practice to ensure the company is making money, has sales, and has the ability to pay. Sorry, I'm not risking millions based on
Starting point is 00:15:02 someone's word who I don't know. Well, I really like how Jim is starting to get feisty, but Romick, on the other hand, he is still a true believer in the house of Zach Horowitz. No! Yeah. And here's Romick writing back to Jim. I'm gonna read this one. I'm gonna spare you the indignity. It would have taken him, him, meaning Zach. 10 minutes to Dr. Apisbredsheet showing you guys how much money they have.
Starting point is 00:15:28 If anything, not sending us financials proves to me even more that they are not desperate. They don't need our money and that this is actually happening. These are the words of someone who wants to believe a lie so badly. Like, he's created this logic where if Zach showed them proof, it would actually be a lie. Yeah. If there's one thing we're learning, it's that there's always someone willing to go through incredible mental gymnastics to make a scam feel possible. And Romick is so in. But he and Jim go way back. So Romick pulls together some documentation to soothe Jim's anxiety. He finds a corporate registration for one in M.M. And Romick pulls together some documentation to Sooth Jim's anxiety.
Starting point is 00:16:05 He finds a corporate registration for one in M.M. and Romick gets bank statements from another investor in their movie fun group. And those show that Zach has been paying him back on time for more than two years. But get this. Romick tells Jim that Zach even put him in touch with someone at HBO to confirm the deals. Okay, let me guess. He faked a bunch of emails from HBO. Yes, he absolutely did. I think Zach has proven that he will not hesitate to fake communications with multi-billion dollar corporations. Okay, so did he create someone? It's so bad. He faked a bunch of emails. He pretended to be Jennifer Bowen. She's a real
Starting point is 00:16:46 senior VP for International Distribution at HBO, and I'm sure she is absolutely thrilled about this. So does Jim end up believing all this? Well, he's definitely concerned that something stinks here. So he actually writes back to Romance. Okay, why don't they just get on the phone? I mean, if they did that, then I wouldn't have all these very nice emails to read to you on a podcast. Yeah, I feel like they did that to be really considerate of us. They knew we'd be doing this in the future.
Starting point is 00:17:12 Everything is for us. So here's Jim's response to Romic. I am still bewildered as to why he doesn't just send the financials. It is so much easier than all this crap. Red flag. Thank you, Jim. Finally, someone is saying the words red flag. Well, still, Zach is paying them back on time.
Starting point is 00:17:31 So even after all of that, Jim goes ahead and wires the money for more deals. Romick reassures him. This is the goose that lays the golden egg. Let's just hope they keep coming month after month. So it's early 2018 and Zack's life seems to be coming up roses on all fronts. He's got a new baby at home and a new film to promote and it's one in MM's first feature.
Starting point is 00:17:59 Oh my God, I actually forgot there were real movies involved in this. Ooh, ooh, buckle up. This one is a sci-fi film about time travel called curvature. Doesn't that sound sexy? No. Okay. Well, it's a step up from their previous projects
Starting point is 00:18:15 and they even have a big star on board. Linda Hamilton. Get out of here. Linda Hamilton from Terminator. Do you know two Linda Hamilton's, by chance? I just wanted to make sure it wasn't like Linda Hamilton with Terminator. Do you know two Linda Hamilton's by chance? I just wanted to make sure it wasn't like Linda Hamilton with a Y because that seems like something Zach would actually do. It does, but it is that Linda Hamilton I promise.
Starting point is 00:18:36 And she doesn't have a very big part, it's more of a cameo, but clearly it's a huge get for Zach and the brothers. Zach plays an engineer who's trying to help his colleague understand why her future self has traveled back in time to change the present. And in this role, Zach has longer hair, he's dressed up in a button down under a card again and he's got these big glasses on. He's like a jock trying to go geek. The movie is released widely enough to be reviewed by some major publications, but these reviews are not kind.
Starting point is 00:19:15 Here's one from the Hollywood Reporter. If the prospect of watching Linda Hamilton and a sci-fi thriller involving a character who travels through time to prevent a murder, sounds exciting. My advice is to rent one of the Terminator movies. Well, this clearly isn't like Oscar bait. And Diego Halivus, the director, he does some press for the movie,
Starting point is 00:19:36 including some morning TV. Diego talks about Zack's co-star in the film. In the movie, she does double duty. She plays her present-day character and her future self, who's traveled back in time. At one point, you got two versions of this in character, and there's days where Lindsay would have to play two different characters. So she would just have to internally find a switch and find, you know, how to play one versus the other one.
Starting point is 00:20:01 All right. Two versions of the same character. Sounds a bit like our boy, Zach. Well, there is Zach Avery, the actor, and then there's Zach Horowitz, the con man. But it's all the same guy. It's the same guy who's lying to his wife, his best friends, his business partners, and his investors. It's the same guy who will do anything to keep them from finding out that he's running a Ponzi scheme. In March 2018, right after his sci-fi movie comes out, Zach and Mallory go house hunting
Starting point is 00:20:45 for an even bigger place that can accommodate a growing family. Why do I have the feeling that Zach's idea of bigger is like gonna be this Kardashian Calabassus home? Yeah, I mean, you're not far off. They end up finding a place in Beverlywood. It's got good schools and private parks and it's walking distance from Beverly Hills.
Starting point is 00:21:05 And this house is indeed huge. Six bedrooms, eight bathrooms. Wow. A toilet for every but presumably some of them heated. Eight bathrooms. I cannot imagine eight bathrooms. Like, what would your life be like? Would you use a different toilet every day?
Starting point is 00:21:23 Yeah, I mean, the mind truly reveals. There's a pool with a cabana, a home gym, a screening room with theater seats, a wine cellar that can hold a thousand bottles. So this is peak rich nonsense. Well, the price is very reasonable. I mean, the house is listed for $5.9 million and they put it in offer in cash. And this cash, by the way, is obviously investor money because, of course, it is. Wow. And to really settle into their new digs,
Starting point is 00:21:56 Zach dropped $700,000 on a celebrity interior decorator. No, I think that's a typo. I think you mean $70,000. No, I'm saying $700,000. Okay, matter of fact, the scammer is getting scammed. Well, Zach likes living large on money like that. And just to remind you, it comes in part from his longtime friends and their relatives. This is people's retirement accounts, and he's even getting some kind of legit movie roles as well. Around this time, he has a role in a movie that he didn't produce. It's a film about the Soviet ballet dancer Rudolf Narev called The White Crow.
Starting point is 00:22:34 It shoots in Serbia, and it's directed by a little known person named Sarah. Are you ready for this? No, Ray Fines. Get out of here. I swear to God. I am genuinely shocked that Ray finds as being mentioned in this story. Yeah, the dark lord himself, the feature of my 2002 Made in Manhattan sexual awakening, Ray is here. English patient, Made Manhattan.
Starting point is 00:22:57 Okay. Zach got the job through a friend and it's a pretty minor part, but hey, everything's coming up Mill House. Zach always knew he had what it takes to make it in Hollywood, or at least in Beverly Wood, and now he's ready for his starring role. Okay, Sarah, it's 2018, and Zach is filming a movie called Last Moment of Clarity. Amazing.
Starting point is 00:23:20 It's a much-meetier role than what he's done in the past, and in this movie, he plays a guy who saw his fiance get murdered by the Bulgarian mob, which, as I'm sure you can imagine, has fucked him up quite a bit. I saw something that I wasn't supposed to see, and they sent those two guys over to our apartment. Georgia! I've been hiding in Paris ever since. And here, finally, a kiss from Daddy. Sam, you were scared out there and do something.
Starting point is 00:23:53 You waste all your time on that internet, cut not those newspapers and put them together. Whatever it was, it's been over. This is blowing my mind. Like, coming from that audition, we first watch. I never, in a million years, thought anyone would cast him in a speaking role. And now I have to watch him act alongside Brian Cox.
Starting point is 00:24:15 I do like imagining Brian Cox holding himself back from like getting in a fist fight with Zach because I'm sure he absolutely hated him. No, no chance anyone liked him. Well, they shoot in Paris, and this is huge for Zach. It would be hard for me to not ask, what are the reviews like? Well, one review says,
Starting point is 00:24:36 Avery gives such a dull, unappealing performance that the movie has a void at the center of its story. Ooh, and here's a quote from the Guardian. The filmmakers and or actor Zach Avery must either be well financed or ridiculously persuasive because they've managed to pull together a supporting cast and budget for this debut thriller that far exceeds what the script seems to warrant.
Starting point is 00:24:59 That is harsh, but true, yeah. You don't even know how true. Because last moment of clarity is produced by Andrew Levittis, a friend of one in MM, and Levittis has a production company called Rogue Black, which Zach co-founded, and he channeled $21.5 million to. Okay, this makes me feel a little bit better
Starting point is 00:25:22 because now I know Zach didn't get this based on Merit. Yeah, the world is not a Maritocracy, Sarah. No. So neither Levittis nor Rogue Black are in legal trouble related to Zach's Ponzi scheme, but yes, these acting rules are very much pay-to-play. I am at a true loss that this guy still wants to be in movies. Like he could quietly be Ponzi-ing, but he wants to be in movies. Like, he could quietly be ponsking,
Starting point is 00:25:45 but he wants to be out there. Yeah, he does. Because Zach is working with big name actors, and that's really important to him. His dream of Hollywood Stardom feels more within reach than ever before. So Zach's acting career may be taking off, but there are some signs that cracks are starting to show,
Starting point is 00:26:08 at least in his psyche. Zack sits down with a website called the Hollywood News to talk about his character in the film. And it's a little eerie, like he might as well just be talking about himself. Let me read you a quote. We all on a daily basis may do things or have actions that we're not necessarily proud of.
Starting point is 00:26:27 A lot of the time what we do is we just push it down and go to the surface level until we get caught. Then when you get caught, you feel so bad. But before that, you're just going about your life. The interviewer asks Zach, what do you hope audiences take from watching this movie? And he says, it's kind of putting the mirror up to your face and having a little bit of self-reflection. That your actions do have consequences and sometimes they're absolutely horrible,
Starting point is 00:26:55 like in the movie and sometimes they're not as bad. But you have to be careful what you do. Okay, Satchie, this is so weird. Do you think he's starting to feel guilty about scamming literally every single person around him? Like, I don't know, maybe he's doing some self-reflection? Hey, I don't know. I mean, maybe we're just projecting because it's comforting to believe that people can and will feel guilt when they do something wrong. Or maybe this is just what happens when you carry around a big secret and you can't tell anyone.
Starting point is 00:27:28 And even if he is starting to feel ashamed, we have to look at his actions. He's been hurting real people and for a really long time. It is so interesting to hear these quotes because it's kind of like, oh, he's fully compartmentalizing the harm he's been doing for years. Yeah.
Starting point is 00:27:45 Well, because of his lies, it isn't just Zack's emotional state that's crumbling. After years of living high on the hog, he's about to come face to face with all the damage he's done. So to recap, by 2019, Zach has been running his Ponzi scheme for five years. And the reason investors keep giving him money is because he keeps paying them back on time with huge returns. So they don't even realize they're being scammed until the day the check stop coming, which happens around Thanksgiving 2019. You know what, I actually can't believe it took
Starting point is 00:28:33 five years for the checks to stop coming. A long time. It's a lot of money to actually get before it starts to fall apart. And on Thanksgiving. And on Thanksgiving. Okay, so here's how I picture this moment unfolding. Go with me here.
Starting point is 00:28:46 It's time for my favorite thing, setting a scene. All right, I would love to see this join me, join me on this journey. So Zach is in his home office, and there's a framed print on the wall behind him. And it looks like something you'd buy on Etsy. There's a motivational quote on it. Do you wanna guess what it says?
Starting point is 00:29:04 I have a feeling it says, live laugh love. It does not. It says, when the odds are one in a million, be that one. It says, company motto, remember? Yeah, he has a motto of a fake company on his wall. That makes, that's exactly what I expect with Zach. Yeah, he doesn't seem too far off. And you can even see it in the background
Starting point is 00:29:24 of some of his interviews. And at this point, he's collected $690 million from investors as part of this scam. But now, he's run out of money to pay their returns. He has a toddler of $5.7 million house and a $1.8 million Amix bill. And Mallory is pregnant again. But Zach knows that he'll find a way to get through this. He has to. After all, when
Starting point is 00:29:53 the odds are one and a million, he'll be that one. So he does what he knows how to do. He lies. He starts texting and emailing his investors. The payment delay isn't his fault, he says. It's HBO. They've been paying him late. They've reached their agreement. Sure, but also that lie can really only sustain you for so long. Yeah, I mean, it's very anadelevy, you know?
Starting point is 00:30:19 There's been an issue at the bank. He tells them he's been working on an agreement with HBO. At this point, even Zach Chicago friends, his college buddies don't seem to understand what's going on. Remember Jake Wunderland, his college buddy who left his job in finance to raise funds for one in M.M.? Yeah. Well, Jake writes an email to all the other people sending him money to invest in Zach's movies. Oh gosh. And yeah, all these people are just regular folks who put their life savings into these
Starting point is 00:30:46 movie deals because Jake told them it was a sure bet. And so Jake's company emails them right around Christmas. Do you want to read it? Yeah. He goes, first, let me be abundantly clear that your investment is completely safe and nothing is a miss other than a timing issue. Oh gosh, I wonder if he actually means that or if he's starting to suspect he's been completely safe and nothing is a miss other than a timing issue. Oh gosh, I wonder if he actually means that or if he's starting to suspect he's been scammed. Like I do get that a lot of pride is at stake, you know, he's the one who trusted
Starting point is 00:31:14 Zach, all these people trusted him because he trusted Zach. Like he has to believe that it will come through. But also they're old friends, right? This isn't just like some guy he knows. This is like his old buddy. These guys went to each other's weddings. They go way back. Yeah, now I'm thinking about like Jim Russell out in Vegas. Like he must be so livid to hear his payment has been delayed.
Starting point is 00:31:37 Like I knew it. Yeah, Jim is not happy about this, not at all. And now he's finally gonna follow up on all of Zack's red flags. Oh my God, come on Jim, we're rooting for you. You can do it, you can bring Zack down. We need Jim to be our hero. Please, please Jim.
Starting point is 00:31:56 Sarah, this might be a controversial stance, but if I had just defaulted on my investors and I owed them millions of dollars, I perhaps would not run around doing interviews with reporters. No, no way. I would just honestly run away. I would become a fugitive in some country that has no extradition agreement with the United States. Yeah. Well, neither of us are Zach,
Starting point is 00:32:20 so his approach is markedly different. Just a few weeks after he stops paying his investors, Zach talks to an Australian journalist. Her name is Lauren Yates, and she's an independent reporter who hosts a YouTube show called Raven Up. And today we're going to be chatting over Skype with American actor Zach Avery. Zach welcome to Raven Up. It is a pleasure to have you on the show today. How you going? Thank you so much. Everything's going very well.
Starting point is 00:32:47 Happy to be here. Actually, everything is not going well for Zach. He owes his investors millions of dollars. But on Skype, he's all smiles. He's wearing a backwards baseball cap and a gray hoodie. He talks to Lauren about finding his creative passion, going on auditions and working with actors like Kate Beckinsale and Olivia Munn.
Starting point is 00:33:08 You know, when the job's finished and you're just auditioning and waiting for that next gig, do you personally kind of stress about that, especially now with a family and looking after them financially? Do you have also another job on the side just to help yourself out? Yeah, no, I mean, thankfully I can support myself completely with acting as of the last couple of years, which is something great. This is so rich coming from Zach. In what universe would anyone see how this guy lives and think like, yeah, this guy never heard of his mate, all this money from acting? Yeah, he's affording all of his private jet trips from curvature.
Starting point is 00:33:46 He doesn't even mention one in MM at all. And that's because that's Zach Horowitz's company. And in this interview, Zach Horowitz doesn't exist. Only Zach Avery, the up and coming actor balancing film shoots and fatherhood exists. The man who talks about hustling to succeed against all odds. You're always thinking about the next job, you're always thinking about the next gig. And it's helped a little bit, honestly, having a kid because you can focus on that. You can say,
Starting point is 00:34:13 like, you know, that's what's really kind of important right now. We're okay today and we'll figure it out. But reality is, is you got to buy the milk, you got to buy the diapers. So you have to work at some point. He's such a bad actor, but he's such a good liar that he could say this and sound convincing. Maybe he is a good actor. Is that really where you're landing? Yeah, I think you can win an Oscar for playing Zach Avery. Maybe if there were Oscars for lying. Okay, back to the interview. Lauren wraps up with one final question. Not even what you know now. What would you tell your 14 year old self?
Starting point is 00:34:47 Oh, that's a tough one. I would tell him that everything happens for a reason, that you're gonna go through trials and tribulations, you're gonna do things that you think are leading you in the wrong direction, but they will all teach you something along the way that you'll use in the future, you'll be alright kid, don't worry about it. I mean, I think both of the Zachs need to worry about it, big time. And Zach Avery may be flying high, but for Zach Horowitz, shit is about to hit the fan.
Starting point is 00:35:21 Investors are breathing down his neck, And his wife is about to find out that he's been scamming her all along. Okay, Sarah, it's early 2020 about a month after Zack stops paying investors back. And Jim Russell is pissed. You don't say over the last few years, he's made 108 loans to Zach and one in MM for movie deals. And now, Zach is in default. So finally, Jim gets his lawyer involved. Yes, Jim get his ass. Well, the lawyer is going to get his ass. He sends a letter on behalf of the group. It reads, dear Mr. Horowitz, My firm represents movie fund LLC regarding its demand for payment.
Starting point is 00:36:08 Essentially, he says, one in M.M.'s outstanding balance is 8,746,227. And 81 cents. Oh my God, Zach Osa more than $8 million. Yeah, that's crazy, but you know what? Yes, $40 million in the bank. It's a chunk change. Well, it gets worse.
Starting point is 00:36:29 Interest accrues thereafter at $25,879 and 13 cents per day. Which means Zach owes them more than $25,000 for each additional day payment is late. And I'm really not great at math, but that's like a lot of money per day. That is an insane amount of money per day. And I think Zach needs to solve some watches or rent out some rooms in his house.
Starting point is 00:36:55 Yeah, he probably will, because the letter also says that Zach has five business days to pay before they take other action, like seizing his assets. Oh shit, Jim is not messing around. No, he's not. And there are a few lines in this letter that I really love.
Starting point is 00:37:12 One of them says, are client expressly reserves all rights and remedies at law, equity or otherwise. And then this next part isn't all caps. Please govern yourself accordingly. Damn. If I got a letter like that, I would be terrified. It's such a petty way to be like, get your shit together.
Starting point is 00:37:30 I would get diarrhea on the spot. I would poop myself on one of those heated toilets for sure. Wow. But also, I have to say, I thought about it, and I have gotten an email that ended with govern yourself accordingly, and I looked it on the other day to remind myself. And it was just from some guy who wanted to sue me because he didn't like me tweets. I hope he wins. Honestly, me too, because I have not learned how to gover in myself accordingly.
Starting point is 00:37:54 I'm going to ban growl that lawsuit. Please do. In any case, Zach is terrified when he gets the letter. But he tells himself he just has to buy some time, because the other option is to lose everything. The life, the acting career, and the family he's built. And he can't let that happen.
Starting point is 00:38:14 He won't. He still has some tricks up his sleeve. For five years, he's run an incredibly successful Ponzi scheme. And now he's going to have to put his acting skills to the test in the most high stakes exchange of his life. Hey, Prime members, you can listen to ScanFluencers add free on Amazon Music. Download the Amazon Music app today or you can listen add free with Wendry Plus and Apple podcasts. Before you go, tell
Starting point is 00:38:45 us about yourself by completing a short survey at Wendry.com slash survey. This is episode two of our three-part series, The Hollywood Ponzi scheme. I'm Sachi Cole, and I'm Sarah Haggy. We use many sources in our research, a few that were particularly helpful, were Michael Finnegan's LA Times article, and Nathan Varty's Forbes magazine story. And just a quick note about our scenes. In most cases, we can't know exactly what took place, but everything in our show is grounded in research. Suzy Armagedd wrote this episode,
Starting point is 00:39:21 additional writing by us, Sachi Cole and Sarah Hagby. Brian Taylor White is our producer. Charlotte Miller is our associate producer. Sarah Enny is our story editor. Our senior story editor is Rachel B. Doyle. Jen Swan is our senior producer. Our music supervisor is Scott Velasquez for FreeZonSync. Our audio engineer is Sarah DeonRekes.
Starting point is 00:39:42 Adrian Toppia provided audio assistance. Our sound design is Sergio Enriquez, Adrian Topia provided audio assistance. Our sound design is by James Morgan. Our executive producers are Janine Cornelow, Stephanie Gens, and Marshall Lewey for Wundery. you

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