Complaint Review: Acquafino
Acquafino, Mayan Islands Resort, Belize Beach Resort & Spa,Scott Tracy Mallick,Scott Zeus SmithDaniel Hartin, & Sandy Point Real Estate Scheme to Defraud San Pedro Ambergris Caye
*REBUTTAL Owner of company: I am the Founder and CEO of CERI And Mayan Islands that Michael J Bixby is trying so hard to destroy and Ripoff investors for his own profit. This is my rebuttal
*REBUTTAL Owner of company: Scott Smith Rebuttal to Michael J Bixby
*REBUTTAL Owner of company: Scott Mallick self-entitled ZEUS!
*REBUTTAL Individual responds: Destructive Approach to Resolution
Dear Scott Zeus Smith aka Scott Tracy Mallick and Daniel Hartin:
To date, I’ve received 5 or more email responses from you with respect to my MEMO dated
November 2nd, 2015, but none provides me with the information I requested. Once again, they were
unfocussed, disorganized, grammatically poor and filled with facts and non-facts that fail to address
most of the issues I raised, in particular, how and when are you going to repay me for my
$3,000,000+ of investments and loans?
The complete refusal and lack of STANDARD CORPORATE OPERATING PROCEDURES for
your organization is “mystifying”. It seems you intentionally fail to plan and, therefore, YOU
INTENTIONALLY PLAN TO FAIL. [continued below]....
You claim that now you have removed all of the bad actors, this coming year is going to be
“amazing”! Hard to go to the bank with that though! Once again, you resorted to blaming Michael
for failing to do this or that, all of which has supposedly put you in a very difficult position. It
seems you can’t break yourself of this habit.
As a result, I have done some research to determine if targeting Michael is justified. Because of
your continued assertion about a yacht purchase for $750,000 and blaming Michael for diverting
valuable investor monies to consummate its purchase that you did not approve, I was curious. I
wanted to know the facts.
I engaged legal counsel to do a title/hull check for a yacht bought/sold under your previous name,
Scott Mallick. To my surprise, not one but two such yacht purchases are on record. Not one, but
two! The first, named "Jenny Dear" was a 63' foot Ocean Super-Sport Yacht and the second was
named "MIA", a 100' foot Broward Luxury Super Yacht, the one I heard you brag about so often
and on which I visited you at one of your events. Both of these yachts were apparently authorized
by, signed for, and purchased not by Michael, but by you.
I can say this because the sales documentation for both of these yachts bears the name of Scott
Mallick and were executed in the presence of Denison Yacht Sales and Bradford Marine. In view
of these discoveries, do you continue to argue to dispute that Michael was the buyer? The facts are
the facts. So, now I find out that $254,000 was spent to acquire the “Jenny Dear” (I didn’t know
about this one) and then according to you, $750,000 for the “MIA”. That’s a lot of investor money!
I have no idea what happened to the first yacht, but I assume this means that a total of
approximately $1,000,000 of investor money was squandered to purchase these yachts.
Unacceptable! Investors, having been told their monies were to be used for construction, were not
consulted about these non-project-related, frivolous items. If they knew these facts, they would
most certainly not have approved. Indeed, they would have been as outraged as I am.
At this point, because of the following:
• false accusations about who authorized the yacht purchases, presumably to cover up
your bad decisions and poor judgement;
• misuse of investor funds to make these purchases instead of dedicating the funds for
resort construction, as all investors were made to believe;
• victim mentality in your recent responses;
• failure to disclose your 2 prior personal bankruptcies to investors before they invested;
• failure to disclose your felony record to investors before they invested;
• recent name change from Scott Mallick to Scott Zeus Smith in 2014 at age 54,
presumably to conceal or avoid certain liabilities due to problems in your past,
I am compelled to formally demand a refund at this time to protect and recover my hardearned
I prefer not to seek outside assistance to recoup my monies as I do not wish you any harm
personally, but I do want my money back. I would like to work this out with you in an amicable
fashion so as not to injure you (or the other investors involved). I simply want to be made whole
and I do not want to wait any longer. Accordingly, you need to provide me with a credible, ironclad
payout plan to do so.
Herein are my non-negotiable terms:
• 6% interest only on $3,000,000 with a balloon payment in 36 months for the principal
(actual amount of funds to be verified with up-to-date principal and interest on promissory
• Interest Payments due every 6 months
• Lien to be filed until interest payments and principal are fully paid on San Pedro Block 7
Parcel 5473 and San Pedro Block 7 Parcel 6129 (these are the two pieces for which I had
direct capital input according to the documents I was provided).
• Failure to perform or a default on your part will result in a title transfer so I can figure out
how to recover my capital directly.
• Official paperwork from the Land Registry of Belize to Record the Lien – must be
“Notarized and Stamped w/ Corporate Seal”.
• Our Agreement - must be Notarized and Stamped w/ Corporate Seal.
• Official Title Transfer Document – must be Notarized and Stamped w/ Corporate Seal.
• The required documentation and filing of all of the above must be accomplished in 20
calendar days to avoid my having to take legal action to enforce my rights.
• The paperwork should be executed on corporate letterhead with corporate logo for each of
the following entities, as appropriate:
o Caribbean Cove Development Limited of Belize (CCDL)
o Caribbean Estates Realty, Inc. (CERI)
• All documentation to be signed personally by you (Scott Zeus Smith and Scott Tracy
Mallick) and corporately from and by all companies, as well as by the directors of both
• All documents to be valid for assigns, heirs and successors, jointly and severally.
Following are Additional Findings and Evidence Supporting My Decision To Recoup My
Retirement Funds at this time:
Trappings of a Scam
Scott, you surrounded yourself with assets and trappings from investor monies earmarked for
construction solely to create the appearance of wealth, but lacking the substance thereof. By
definition, it appears that this may be one giant con job. You misrepresented that these trappings
were from your prior businesses, but in fact, it would appear that your supposed wealth was merely
a diversion of investor funds. You therefore had no substance to the business, but raised funds
under gross misrepresentation, intending to divert a substantial portion for personal use. I refer to
the following trappings:
1. The First Yacht
Since you’ve had no personal funds to draw on dating back to 2011 (asset rich and cash
poor, as you told all of us and confirmed by your subsequent fund raising and many cash
calls), I have to assume that Jenny Dear was purchased with investor funds at Denison Yacht
Sales from your client account. I’m sure this can be confirmed by a forensic accountant.
This calls into question:
• Why would you divert company funds for the purchase of Jenny Dear, a 63-foot luxury
yacht fishing boat, an ostentatious luxury yacht having nothing to do with construction at
2. The Second Yacht
The purchase by you of a 100-foot Broward Luxury Super Yacht is even more troublesome.
Why have you represented that Michael purchased the Super Yacht when your witnessed
signature is on all sales documents at Bradford Marine? For your information, this yacht
was recently willfully surrendered for non-payment. Please, therefore, direct your collection
efforts and any inquiries to Denison Yacht Sales as they have the yacht listed for sale by the
authority of the financiers of the boat. It should also be noted that after you purchased the
yacht, you asked Michael to protect you yet again to secure financing not available to you
because you were found not to be credit worthy.
3. Michael’s Personal Guarantee
Michael had to personally guarantee another $133,000 for repairs to the yacht because you
didn’t have the money. And, recently, the financiers put in another $250,000 to make the
Super Yacht saleable (new engines and air conditioners). Also, funding for the other
$350,000 was secured by Michael to protect the capital you diverted, evidenced by your
own witnessed signature on the sales contract. This then is evidently how you are now
claiming that it is Michael’s boat because his name is on certain documentation as a
guarantor after the original purchase was made by you.
4. Your Luxury Home
Another example discovered in my search involved a possible diversion of funds in the same
timeline of your early project transactions. This was the purchase of a mansion at 4725
Sanctuary Lane in Boca Raton for the price of $2,200,000, which you later sold at a loss for
$1,400,000. A forensic accountant can easily determine the source of funds for this
purchase when you admittedly had no such personal funds available.
5. Jayden (stage name) aka Katherine.
You also chose to frolic with and marry a bikini model with personal funds you did not
have. Your short-lived, aborted marriage to Ms. Brooke required undetermined amounts of
cash for a honeymoon villa in Honduras, and to cover your living costs with her. At the
same time, it took you away from the project for a year requiring Michael to make key
decisions and cover for you in your absence.
6. Your Luxury Accessory Items
Another observation: when visiting both the Sanctuary mansion and the 100-foot yacht,
hundreds of large oriental jade and ivory statues and figurines, along with other exotic
furnishings and furniture, seemed to be everywhere. Once again, one has to wonder where
the funds came from to acquire such an incredible collection of art treasures.
7. Your Luxury Automobiles
Other examples of your desire to impress potential investors of your wealth was your
purchase of a stretch limousine, a Bentley and a Mercedes S550 sedan. These items also
had to have been acquired by diverting funds in the same timeline since you claimed to have
had no money.
If you dispute any of these facts, please provide me with authentic documentation. Otherwise,
I will assume they are completely accurate.
Additional Related Thoughts
Scott Zeus Smith, (aka Scott Mallick) Invested Capital
You represented many times that you had made a personal investment of over $10,000,000 in the
Mayan Islands Project from funds you derived from the sale of your companies, your stock, and real
estate holdings in the USA. However, the only purchase on record with this project, prior to
investor involvement, was the 9.9 acre cove lot in the amount of $350,000 that you told us about. I
would be interested to learn where the supposed $10,000,000 went that you claim to have invested
in the project, making you the largest single investor besides the late Mr. Harold Buirkle.
Your Source of Personal Capital
Before you made your investment in Belize, you represented many times to me and others that you
had at one time 127 ATMs in your portfolio in New York City from Houston Street to 96th Street
and that you personally placed them with the help of your then girlfriend. You also represented that
you had 75 clients named Muhammed at corner delis. You represented further that you cleared over
$200,000 a month from this ATM portfolio from 1999 to 2005. If true, you should have netted
approximately $14,400,000 from cash flow and up to $24,000,000 gross on the sale of your
portfolio. I’d be interested in seeing your tax records for the corporate cash flow and sale proceeds
of your company to verify these representations,
As well, you represented that you saved 80% of your money from the ATMs to purchase the island;
however in this project, you are only on record for the $350,000 you spent to acquire the Cove.
This raises questions about representations you have made, presumably to impress myriad investors
and potential investors of your incredible albeit fictitious wealth.
Your Resume - Success In Stock Promotions
You represented to have conducted 29 successful stock promotions while working on Wall Street
and that you were such a genius that you broke up Strategic Communications because of your
“amazing” marketing. You further represented that you made millions. Since these are or were
publicly traded companies, you should be able to substantiate your financial interaction with them
and the free trading stock you sold for your compensation. Unless you can prove these assertions,
this is likely another example of misrepresentation.
You represented that you have eight (8) Bachelor’s Degrees. Additional fact finding with USFTampa
negates the above claim. USF-Tampa states that you have one (1) Bachelor’s Degree in
Economics with a minor in Business.
You bragged that you hated finance and that it was not worth your time, and that you proved your
instructor wrong. However, this turns out to be the single largest problem point for you and your
organization. Your intentional statement regarding finance demonstrates willful incompetence in
this discipline. How then can you support your claim to be a wealth strategist, financial advisor, or
money manager under these circumstances?
Your Mental State
In light of the above, your recent responses were submitted to a professional for a preliminary
psychoanalysis. The pre-diagnosis was that of an expert-level mastermind employing more than
20+ logical fallacies woven together as a tool of misdirection and having a specific goal of creating
chaos/crisis and a false logical conclusion that you are the only savior/messiah for the project –
The conclusion is that these erratic patterns are intentional. The expert mastermind skill level it
takes to manufacture 20+ logical fallacies and weave them together in these emails is that of a
sociopath with a high probability of a bi-polar schizophrenic disorder. Furthermore, the review
suggested that your goal by this misdirection is to:
• Distract from the real issues,
• Stall and stymie your victims, and
• Limit the involvement of others.
It is evident that you have been extremely successful in reaching these goals until now.
The recognized pattern of behavioral manipulation consists of:
• Playing the victim,
• Making a false bond of friendship,
• Asking for help,
• Inducing others to compromise and make sacrifices to help, and
• Then finding fault with them or more victim circumstances with the goal of pushing
them harder and further,
or, attempting to discredit the help because:
• You do not want the pragmatic help of getting the RIGHT PEOPLE, the RIGHT
PROCESS and the RIGHT PRODUCT, and
• You want no responsibility and no accountability with unsecured, non-recourse use
of proceeds and you want it without careful planning or help of any kind.
In light of the foregoing, it is clear that you intentionally fail to plan and YOU INTENTIONALLY
PLAN TO FAIL. Basic 101 financing for any business is to have a cash reserve, a budget, and cost
controls. You have refused and ignored these “musts” by design.
Furthermore, after speaking with Chester, an ex-high-ranking military officer of the
United States of America, I cannot believe that you allowed him to lien $900,000 on insufficient
collateral. If he had to sell that lot today, the Broker Price Opinion would only be about $500,000.
At the time of his lien, the value of that property was less than it is today. How could you in good
conscience have taken the money of a military service man and provide INSUFFICIENT collateral?
Why would you have done this to his retirement? It makes one wonder what he may have done to
I think after reviewing all these facts, a reasonable conclusion is that you did not employ
constructive Standard Operating Procedures, but instead you embrace willful and destructive
Standard Operating Procedures. If your intention was to do harm, it is indeed sad to learn how you
have treated your fellow man. If on the other hand, you believe you have acted appropriately, you
are, in my opinion, delusional. Therefore, you are unfit to be in command of a project such as this.
I implore you to seek help in either case.
Scott, I look forward to hearing from you within 5 days with a measured response and within 20
days with the fully-executed documentation I have outlined herein.
Based on bits and pieces of information I have absorbed from conversations along the way over the
past 4 years regarding your project from 2004 until now, the following is an attempt to follow the
Total Money Raised
• $13,500,000 - Harold
• $ 3,000,000 - Peter
• $ 2,000,000 - Michael and Michael’s Family
• $ 1,600,000 - Ken and Barbara
• $ 400,000 - Andy
• $ 350,000 - Scott Zeus Smith aka Scott Tracy Mallick
• $11,150,000 - Others (approximately 50)
$32,000,000 - Total Raised (Educated Guesstimate)
How Money Was Spent
• $ 5,000,000 - Star Island Villa Construction Costs (Negligence in Construction Cost due
to no Management caused overrun of $2,832,500 – should have been
• $ 900,000 Cove 13 Construction
• $ 900,000 Cove 8 Construction
• $ 300,000 Cove 12 Construction
• $ 350,000 Cove 7 Construction
• $ 1,000,000 Beach Club Construction
• $ 1,500,000 Beach Estates Construction - over spent by: $396,000
• $ 1,000,000- Negligent Entrustment to Javier Ortiz
• $ 1,000,000- Yachts (2)
• $ 300,000- Cars (3)
• $ 1,328,000 - Mansion Sale Loss $800,000
Real Estate Taxes - $32,000 X 5 Years = $160,000
Utilities and Maintenance - $2,000 X 56 Months = $112,000
HOA - $1,000 X 56 Months = $ 56,000
• $ 300,000- Josh and Kaya Marketing Company
• $ 9,460,000- Total Money Spent On Land
- Land Tract 1: $1,500,000 (Star Island & 23 Acres)
Unrelated Land Purchases - $7,960,000
- Land Tract 2: $ 500,000
- Land Tract 3: $ 500,000
- Land Tract 4: $ 500,000
- Land Tract 5: $ 750,000
- Land Tract 6: $ 750,000
- Eagle Ray: $1,300,000
- Bracelette Caye Deposit $ 50,000
- Moon Caye $ 660,000
- Rain Forest $ 150,000
- Land Tract 7 $ 100,000
- Sunset Island $ 2,000,000
- Ed’s Land $ 400,000
- Laguna Estates (7 Lots) $ 300,000
• $2,000,000 - Refunds to Disgruntled Investors due to Lack of Standard Operating
• $2,000,000 - Dredging and Rock Wall: Over Spent on Land Filling - $ 1,000,000
• $ 700,000 - Marketing (Shows, etc.) Over Spent on Marketing Campaign - $ 500,000
• $1,000,000- T and E (when in Belize) Over an Acceptable Budget - $ 500,000
• $1,428,000- Bank Payments on Cove #8 - 7 Years X $17,000/Month… ….$ 816,000
(This loan should have been paid off and transferred to Harold in 2012 when
he bought it). Thus, you lost another $816,000 for a total loss of $1,428,000
instead of $612,000).
• $ 784,000 - Commissions
• $ 750,000 - Payroll
$32,000,000 Total Money Spent
Summary of Unexplained and Unaccounted-For Investor Funds:
$19,932,500 Total Misspent, Unauthorized, Lost, and Unaccounted-For
Investor Funds Due To Lack Of Standard Operating Procedures
(62.28% of Total Investor Funds Lost)
1. A business development consultant inferred that a forensic accountant would likely
find that the 62.28% would move up to as high as 67% (of misspent, unauthorized, lost
and unaccounted-for Investor Money).
2. You should probably fix and rectify this losing situation for your current investors as
soon as possible, given the track record of losing and misappropriating the nearly 2 out
of 3 investor dollars that went into the project, and also for potential new investors
who may yet be attracted to invest in your project in the future.
3. Using the excuse that the “value of the project” is the justification for losing such a
large amount of investor money is unacceptable.
4. The picture I have attempted to portray hereinabove is one which I assembled from
notes and records I made over the past 4 years, once I realized that there was little or
no record keeping in your organization and no periodic financial statements
forthcoming to document what was taking place, how the money was being used and
how much had been injected… and wishing to document as much as possible to protect
both my invested and loaned retirement funds.
5. My only fear is that I have underestimated the level of unaccounted or misused funds.
This report was posted on Ripoff Report on 07/15/2016 08:49 PM and is a permanent record located here: http://www.ripoffreport.com/reports/acquafino/san-pedro/acquafino-mayan-islands-resort-belize-beach-resort-spascott-tracy-mallickscott-zeus-1317169. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content
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