The Anatomy of an Essay, Term Paper, and Research Writing Business

Piercing the Web (Veil) of Mr. Fraud's Corporate Fiction. Third of the Series-Part 2

A corporation/LLC is granted a distinct personality from its stockholders/members. Thus,the former's liabilities are not the latter's. They become responsible only in instances warranting the disregard of the legal fiction-tort or fraud.

A. The Automatic Cancellation of Registration. The registration of Universal Research LLC in the Virginia State of Corporation Commission was automatically canceled on 31 December 2007. The Code of Virginia, specifically § 13.1-1062 thereof requires an annual registration fee of $50 for every calendar year to be paid on or before 01 October to the state treasury. Failure to pay the annual registration fee shall mean the imposition of a penalty of $25¹ thereon and a mail shall be sent to notify the domestic limited liability company of the impending cancellation of its certificate of registration. Should there be no payment on or before 31 December, the registration shall be automatically This was what happened to Universal Research LLC. The Virginia State of Corporation Commission automatically canceled its registration for failing to pay the annual registration fee and the fine thereon. The domestic LLC shall, upon cancellation be dissolved and immediately wound up in accordance with § 13.1-1064 B.

B. No Dissolution and Winding up as Required by Law. In winding up, the law requires "liquidating trustees, in the name and on behalf of the limited liability company, may (i) prosecute and defend suits, whether civil, criminal or administrative, (ii) wind up the limited liability company's business, (iii) dispose of and convey the limited liability company's property, (iv) discharge or make reasonable provision for the limited liability company's liabilities, and (v) distribute to the members any remaining assets of the limited liability company, all without affecting the liability of members and without imposing the liability of a general partner on a liquidating trustee" (§ 13.1-1048 B, Code of Virginia).

None of the above transpired with Universal Research LLC. I doubt if the amounts it had mulcted from the writers have been settled. Moreover, I have reservations if taxes both state and federal had been paid. The amount of $75 remains to be unpaid based on the records of the Virginia State of Corporation Commission. Most importantly, in case no one had noticed, the more than 26 websites, even after the automatic cancellation of the LLC's registration CONTINUED to operate and do business, as if nothing ever happened. It was so convenient because none of these websites were listed as affiliates or subsidiaries in any document submitted before the state government. From the time that its registration was automatically canceled on December 2007 to the time when a company was incorporated under the disguised Universal Research Inc. on 27 October 2008 before the Virginia State of Corporation Commission (more than 10 months) to the time when each of these websites ACTUALLY (and MERELY) SUBSTITUTED the name, " Universal Research LLC" with "Universal Research Inc." in late November or early December of 2008 (close to a year after the automatic cancellation of the LLC's registration)shows a premeditated and preconceived plan to substitute the defunct LLC with the Inc. and 'transfer' all the operating websites under the defunct LLC to the newly registered Inc. to give some semblance of 'legality,' 'legitimacy' and 'business as usual' status. In fact an advertisement was caused to be issued at Directions Magazine in December 2008 with contact information of SuperiorPapers and the Plaza America address and which in part is hereunder quoted verbatim, "Universal Research Incorporated. We received our first order in May, 1997. Since then, we've seen a lot of changes in our industry. But one thing never changes: our commitment to quality service and our clients' satisfaction. Here at SuperiorPapers.com we strongly believe our success is due to the talent of the professional writers on our staff."

By placing each website under Universal Research Inc. now albeit not immediately after its incorporation, people and students who patronize the services of these websites would have an impression that they are physically located in the U.S. (Virginia) and that business operations are conducted thereat when in truth, they are not. It also gives the overseas writers, the assurance and confidence that they would be paid their fees when they start working with and for these websites when Universal Research Inc. is after all, incorporated by the State of Virginia Corporation Commission in 2008. And more importantly, it was a perfect way of absconding from their (Mizyuk and his cohorts) creditors and hiding from public scrutiny except of course from me who watched with eagle's eyes and took evidence every step of the way as it developed.

C. No Conversion Either. It should be stressed that under the Code of Virginia, specifically § 13.1-1010.4
it allows conversion of a limited liability company into a corporation based on a plan of equity conversion. There was no conversion made by Universal Research LLC to Universal Research Inc. This lack of conversion is shown in the web screen shot of the Conversion Inquiry dated 24 December 2008 from the Virginia State of Corporation Commission or FIGURE 1.






FIGURE 1: No Conversion from LLC to Inc.



I raised the issue of conversion because all of the websites under Universal Research LLC are now under Universal Research Inc. (and a few under Universal Research Inc. Ltd.) as can be seen in the 'contact us' page of the websites where the name of the corporation appears including its address at Sunrise Valley Drive, Reston Virginia. Moreover, there could have been NO dissolution and winding up of the LLC otherwise; these websites would have been distributed as assets after liabilities are satisfied. Thus, if there was no dissolution because the 'assets' (operating and operational websites) are still in existence despite the cancellation of the registration of the defunct LLC and there was also no conversion from the LLC to Inc. despite the fact that all its tangible assets were transferred under the Inc.; then what is it? In time the answers shall be given to you as I know that your minds are as inquisitve as mine.

Any unsuspecting person who would visit each of the websites will think and be convinced that the entire business operations are above board. Any non resident of the State of Virginia who would not have the luxury and the time to verify the office addresses or any citizen of another country who may not be aware of the laws of the State of Virginia, would be misled to believe that these are legitimate business entities. One of the questions that you may ask yourself is: If the registration of the LLC had been canceled, why not register the corporation under Yuriy Mizyuk's name as registered agent instead of an "Oleg Vorobev" who obviously does not operate the business in the registered address (4114 Hamlin) stated in the incorporation papers.The answer: Yuriy Mizyuk has avoided having his name written on any government document since 2004 (when he caused the registration of Universal Research LLC through EASTBIZ.COM, Inc and with him as the managing member at the State of Nevada) I am aware that all you readers have numerous haunting questions. For now, let us be content on what appears on the surface of the pieces of evidence. I would speculate that the purpose for incorporating Universal Research Inc. is the need to have a new entity with government approval of incorporation, to substitute for the defunct LLC, thereby escaping the 'nightmare' that had been associated with Universal Research LLC from the overwhelming inundation of articles, posts at message forums and complaints of writers and clients (over the web) who were not paid their fees and the low quality of paper they received, decrying them to be the 'Ukrainian frauds.' Moreover FOR NOW, Olga Andreivna Mizyuk and Yuriy Yur'yevich Mizyuk needed to evade controversies and inquiries surrounding the payment of the annual fee and penalty. By intentionally (neglecting) allowing the registration of the LLC in the State of Virginia to be canceled with the non-payment of the annual registration fee and its penalty having been imposed is evidence of similar conduct, as was done in the registrations of the pertinent LLCs in the State of Nevada and later on perhaps with the subsequent entities which may have been incorporated or registered. Would it not be easier to just pay the penalties and continue with the limited liability company that one has started? Yes, it would be easier if one has the intention of doing business legally and legitimately. But not when registration and incorporation are merely sought ONLY TO CREATE an appearance of legality or legitimacy or of commercial stability and of 'being rooted' so that customers from the same jurisdiction would feel confident in patronizing their services.

The writers of these entities are mostly from third world countries like Pakistan, the Philippines, and India, consisting of young and new college graduates too eager to earn a decent wage. For these people of the third world, anything with a US or a UK address is considered legitimate and compliant. And those who are even more circumspect and doubting, would check the business entity database of the State of Virginia Corporation Commission to find out if the entity is registered/incorporated, as LLC or corporation.

D. Virginia State of Corporation Commission. Registration or incorporation gives the entity the authority to do business in the said jurisdiction besides giving it a separate and distinct personality from its members/stockholders. It gives the public and its potential clients, a certain degree of assurance and confidence that the entity so registered is compliant and is subject to lawful governmental regulation and therefore, legitimate. The Virginia State of Corporation Commission (SCC) has vast and extensive regulatory powers.It regulates utilities, financial institutions, securities, retail franchising and railroads. It also registers and incorporates, LLCs, corporations, partnerships and other types of entities—accepting documentary requirements submitted as one submitted in good faith. This is the reason why the forms for Articles of Organization or Incorporation have the legal requirements printed and explained clearly on its dorsal part, one of which is the requirement pertaining to the registered office. The SCC is also mandated and charged with a duty under Article IX of its Constitution,

"of administering the laws made in pursuance of this Constitution for the regulation and control of corporations doing business in this Commonwealth. Subject to such criteria and other requirements as may be prescribed by law, the Commission shall have the power and be charged with the duty of regulating the rates, charges, and services and, except as may be otherwise authorized by this Constitution or by general law, the facilities of railroad, telephone, gas, and electric companies."

It should be stressed however, that albeit it is a regulatory agency; it is not an enforcement agency. The SCC accepts and approves forms for incorporation and registration of entities in good faith. Should a complainant bring forth a complaint alleging violations of the provisions of the Code of Virginia, the SCC, after due hearing and investigation, may cancel registration and impose sanctions if it deems it necessary. Complaints must still be brought by a local Commonwealth attorney before the SCC, the Office of the Attorney General or the BBB.

E. Litigating: A Better Route for Redress?It does sound easy but allow me to cite and explain the players in this industry, i.e. the website, the writer and the customer or client. As I have explained in my first article, writers receive questionable plagiarism reports which are instantly translated into enormous deductions as 'penalties' imposed; they are not paid their fees which ranges from $300 to $500 on the average based on the complaints and posts at message forums over the net; writers are paid via wire transfer are over charged for transfer fees. The customer or client who is short changed because of the low quality of the paper would have to patiently wait for endless revisions which in the end, may not be refunded of what he has paid. Finally the website managed and operated for the monkey-business of it. Who therefore is in a position to file a complaint? The aggrieved parties of course, i.e. the customer and/or the writer. The customer most often avails of the services of these websites to write his academic requirement in the school or university he attends. He pays quite an enormous amount for it and submits the product to the university as his own. Of course we do not expect him to complain. The most he can do is cry his heart out in message forums or complaint boards over the internet where he can hide and protect his identity. One should remember that passing off someone's work as his, is an offense which schools and universities impose the most serious punishment of expulsion or in some cases, a failing mark. The customer-student definitely would just bear his pain rather than expose himself. The writer then. However, majority of these writers for these websites are from Pakistan, the Philippines and India. They are mostly web-based writers and definitely, they do not know each other. How can we expect these writers (from the international pool, web-based)² with $300-$500 amounts unpaid, retain the services of a lawyer to litigate in Virginia or anywhere for that matter. More so with the Philippine office-based writers who are paid on a $1 to $2 per page research? Shall we expect them to make their respective governments act on their behalf? With such a cumbersome and often draining bureaucratic red tape that accompanies every official action?

Be that as it may, the amount of $300-$500 plus excessive penalties imposed per writer are quite a hefty amount when we put together the number of writers who are unlawfully deprived of their fees not to mention unjust penalties and fines imposed based on unverifiable complaints from clients/customers and their version of plagiarism software that detects plagiarism in footnotes and bibliographies. How many then—numerous for specified periods of time. One only has to 'google search' to find a plethora of ancient to most recent complaints, mostly writers from India, the Philippines, Pakistan and few from the U.S. Thus, they are forced to just bear their losses. This is what is exploited and relied on by these unscrupulous people—the seeming lack of recourse to unjust practices. This is one of the major reasons why this particular business thrived, flourished and prospered. These unscrupulous people rely on taking a new set of writers after the previous ones quit. They rely on the fact that by raising issues of contrived plagiarism reports and imposition of excessive penalties, the writers who quit would lose interest in demanding for their fees AFTER MONTHS OF WAITING AND FOLLOW-UPS. These unscrupulous people rely on the Support staff who now are Filipinos located in another office in Makati to serve as buffer during phone calls to face, resolve and absorb the anger and despair of writers who are not paid, some of whom are their countrymen. The business carries at some point the State of Virginia's imprimatur of legality but it remains to be unregulated, deceitful, and fraudulent.

They claim through their self-generated advertisements, articles and PR materials that almost ALL these websites have been in business since 1997 even if their domain dossiers for a few websites with the most remote creation reveal that business commenced in December 2004 for the Universal Research LLC and 2-Pay-Secure LLC-Nevada registration.Since they claim having started this business since 1997, the US government should make them pay the delinquent taxes from that year.

F. Operating a Compliant (US-Virginia) LLC? As previously discussed, Universal Research LLC was registered in the State of Virginia under the name of Olga Mizyuk, as registered agent on 03 February 2006. It operated and maintained just two websites, i.e. 2-Pay-Secure.com and UniversalResearch.net until it grew to 16 and more (others list it as 26 and still growing). The choice of forming LLCs is a popular option in cases of creation and business operations of "websites and blogs." The LLC may be operated by the single member or other members (co-owners). The State of Virginia does not require at this time, the filing of an annual report. Operating an LLC is less burdensome and less costly than operating a corporation. It involves less formalities except for record keeping requirements such as those stated

In the case of Universal Research LLC, there appears to be no operating agreement submitted but only the Articles were filed upon application for registration in 2006 by Olga Mizyuk. The Operating Agreement should indicate the manner of distribution of profits and losses.

I doubt if the state and federal taxes have been paid. The income from the 16 or 26 websites are distributed as profits and as such it is subject to income tax. The Department of Taxation of Virginia and the IRS can conduct an investigation. I am baffled if Yuriy Mizyuk and his mother Olga Mizyuk, both Ukrainian nationals, doing business in the U.S. and deriving income therefrom and who are non-resident aliens (not having passed the substantial presence test and/or when 'green card' status had been taken away by final judgment of court or deportation). The income derived from the US is taxable. And what about their tax home, Ukraine; or other countries, i.e. UK, the Philippines or Australia?Now, let us go to local licenses. It is basic in any kind of business to have a business license. Each county in Virginia requires business license depending on the gross receipts. By virtue of the business license, the particular city in effect grants the business entity the privilege to engage in a commercial enterprise. This license is also known as a permit, certificate of eligibility or tax registration certificate. This license is to be renewed annually. For instance in the City of Alexandria, any business or commercial entity (individuals, corporations, and partnerships) or self-employed doing business within the jurisdiction of the local government "with annual gross receipts in excess of $10,000 are required to pay this annual tax" (including those engaged in 'home occupation business).

This license is to be renewed annually. For instance in the City of Alexandria, any business or commercial entity (individuals, corporations, and partnerships) or self-employed doing business within the jurisdiction of the local government "with annual gross receipts in excess of $10,000 are required to pay this annual tax" (including those engaged in 'home occupation business). Let us take Killer-content dot com for instance; it was originally 'appearing under' Universal Research LLC until its website 'contacts' page was modified to reflect Universal Research Inc. Ltd. But previously announced its revenue as under $75,000

Was this ever reported to Fairfax County (Universal Research LLC had its registered office at Plaza America, Reston; Reston is within the jurisdiction of Fairfax County)? A recent inquiry was made before the Business Section of Fairfax County if a business license was issued in favor of Universal Research LLC/Yuriy Mizyuk. The Business Section categorically stated that "there is no business license for Universal Research LLC at 11654 Plaza America Drive # 365 Reston, Virginia 20190. Moreover in a follow-up inquiry, the Business Section informed that no business license was issued to Universal Research Inc. at 12020 Sunrise Valley Drive Suite 100 Reston, Virginia 20191. Finally, I further inquired if there is a business license for Universal Research Inc. at 4114 Hamlin Avenue, Chantilly Virginia.There is NONE. See FIGURE 2.

FIGURE 2: Replies of Business/Revenue Offices of
the Respective Counties to the Effect that there is No Business License/s Granted to Universal Research LLC, Universal Research Inc. and the Other Websites at Addresses Specified on their Respective Websites

Anent the business licenses of BestTermPaper LLC and BestDissertation LLC with office address at 1911 North Fort Myer Dr 223 Arlington, Virginia 22209, this was no longer verified considering that these entities were NEVER REGISTERED as LLCs with the Virginia State of Corporation Commission. Only those entities legally registered or incorporated by the SCC are granted business licenses so it would be a useless exercise to verify those. As regards, EssayWriters dot net with office address at 1361 Icy Brook dr., Herndon, Va., 200170, a recent inquiry was made before the Herndon Revenue Office and it was verified that EssayWriters dot net has NO LICENSE TO DO BUSINESS in Herndon. See FIGURE 2.

Clearly, Mizyuk and his cohorts failed in securing their respective local licenses. The businesses have been going on since 1997 according to the self serving and self claimed assertion of these unscrupulous people but TRUTHFULLY (these people's own version of dictionary lacks this word) since 2004 for Nevada and for Virginia in 2006. More than THREE YEARS and WITHOUT PAYING WHAT IS DUE THE GOVERNMENT. They have debased and bastardized not only the provisions of the laws but also made a mockery of the legal institutions.Allow me to lay a predicate; we have been flooded with their well-paid marketing tactics and strategies mostly from marketing firms like Duct Tape Marketing or Jantsch Communications in Kansas City, Mo. or from the Marketing Office of Uniwork, Inc in the Philippines specifically employed to bring back the credibility of these websites. The PR articles mentioned for instance that ResumesPlanet dot com has modified its package for its employees or for SuperiorPapers allegedly whose 18 employees had been considered as qualified for its 'high' standards or even with the incredulous claim of the existence of an Employee Affairs Office or the relatively new (March 10, 2009) PR material of a fire drill and seminar in a 300-seater conference room of BestEssays dot com at 12020 Sunrise Valley Drive, Reston, Virginia, 20191, USA

Clearly, they furnished us enough ropes to hang their necks, with employees allegedly hired, an EIN (Employer Identification Number) should have been secured. Additionally, with employees in Virginia, Mizyuk was supposed to apply for a Virginia Employment Commission (VEC) account number. One must report to the State of Virginia, the new hires. And finally, you need to shoulder the workers' compensation insurance . We may have a similar conclusion-- Yuriy Mizyuk and Olga Mizyuk failed in securing the EIN and other legal requirements.

I am always disgusted about the dissemination of false information and deception over the internet. So allow me to further shed light on the matter. The writer of the PR material dated 10 March 2009, is someone who identifies herself as 'richasuncion' with a possibly fake picture posted near her name at SavannahNow web site. She claims that the fire drill and seminar was conducted in a 300-seater conference room. There is no 300-seater conference room at 12020 Sunrise Valley Drive, Reston, Virginia. The building is owned by REGUS PLC and the advertisement for Event Spaces (click on the hyperlink and then click on the tab 'event spaces') shows that the capacity for the Conference Room is for fourteen (14) people! The PR article writer goes on with "Joseph Richeson, the fire agency's head, said that fire kills more people in the United States than all natural calamities x x x" and do you know who the REAL head of the fire agency is? Fire Chief Ronald Mastin! Please 'richasuncion,' do not take us for a ride. Time for truth. Speaking of a fake picture, here is another PR article of a 'KCPastoral'.
Posting a photograph of the wife of the brother of a Philippine Senator?

Yes Virginia, it is such a crying shame!

Finally, let me close this article with a discussion about another requirement essential for a LEGITIMATE business, a bank account. Now, can anyone tell me how can one secure a bank account for a business without a Tax ID number of EIN, a copy of the articles of organization and a resolution authorizing the opening of said account? So where do you think they keep their accounts, income and earnings? Where else perhaps—than in their mother land Kyiv (Kiev), Ukraine. This is precisely the reason why web based writers who opt for wire transfers of their earned fees are required to submit a litany of information, i.e. beneficiary bank identifier, ABA Number of your bank's corresponding bank in the USA, intermediary bank identifier, intermediary bank name, and intermediary bank address—in addition to the basic ordinary information. See a living example of a web screen shot from the internal administrative zone of the website of EssayWriters.net posted at the blog.






FIGURE 3: Bank details Required by One of the Websites for Purposes of Wire Transfer of Earned Fees to the Writer.
(personal details deleted to prevent identification of the particular writer but the original document has been preserved as evidence.)













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(My gratitude to the officers and employees of the Town of Herndon, specifically the Town Manager's Office, the Revenue Section and the Fairfax County specifically the Business/Revenue Section and the Real Estate and Tax Administration Office in accommodating me in my numerous inquiries, as well as the writers for your trust and the readers for your support).

¹§ 13.1-1064, Code of Virginia.
²There are two pools of writers—1) International pool. Those who are with Essaywriters.net (a total of more or less 500 relatively active writers) and 2) the local writers-These are office based writers in the Philippines who report for work in another separate office in Makati, Philippines who may be paid based on quota ( a total of around 10-15 more or less at the time of this writing.

References:

1. Citizen Media Law Project. Limited Liability Company. Accessed 10 March 2009 at http://www.citmedialaw.org/legal-guide/limited-liability-company
2. US Tax Guide for Aliens, Publication 519, Department of the Treasury, Internal Revenue Service, p.4. Accessed on 12 March 2009 http://www.irs.gov/pub/irs-pdf/p519.pdf
3. Code of Virginia.