PRINTER INK MANUFACTURERS EXTORTING CONSUMERS

November 12th, 2013 Comments off

By B. David Mehmet, November 12, 2013

I will shortly update this post. I am working on an article dealing with printer ink extortion by the manufacturers. In 2009, I wrote an article about how the Banks were scamming consumers with their clever accounting scheme dealing with overdraft fees and I put together Plaintiffs for a class action lawsuit (See http://www.badisse.com/?cat=5). The banks are now settling for hundreds of millions of dollars for that scam (Chase Bank Settles for $110 Million and Bank of America Settles for $410 Million, and many other banks also settled in Overdraft Fee Scam).

This article will identify a mega class action lawsuit against Printer & Ink manufacturers on the level of the Bank over draft fees. It is a truly despicable and illegal practice falling under “Extortion”:

PRINTER/INK EXTORTION!

I purchased this printer because it stated I was allowed to print with only black ink. I found out that even with black ink printing, it still uses a small amout of color for ….get this…keeping the heads clean. That is ABSOLUTELY Ridiculous! because the printer does NOT have to CONTINUOUSLY use color to clean or calibrate the heads. Clean and Calibration can occur on demand or periodically (e.g. once a week), or non at all if the consumer chooses. Thus, the manufacturers eliminate the consumers’ free will and FORCE the consumers to pay them more money under the pretense of cleaning and calibration. This is exactly what the banks were doing. The banks told consumers they were helping them out by causing them to suffer more overdraft fees. And now the manufacturers are telling consumers they are helping them out by preventing them from using remaining ink they purchased and by forcing them to pay more money. It is a SHAM to any intelligent person created for the sole purpose of puting more money in the manufacturers pockets and they know it. A closer study of the printers ability to clean and calibrate without using color will uncover their scam in a Court of law. This is clear UNFAIR BUSINESS PRACTICES AND EXTORTION BY MECHANICAL MEANS.

 

Extortion (also called shakedown, outwresting, and exaction) is a criminal offense of obtaining money, property, or services from a person, entity, or institution, through coercion….Coercion is the practice of forcing another party to act in an involuntary manner (whether through action or inaction) by use of intimidation or threats or some other form of pressure or force

 

A consumer pays good money to buy EACH ink cartridge and they are legally entitled to use the ink in each cartridge until they all run out then the consumer can decide whether or not to buy more ink of one or more colors. HOWEVER, Epson intentionally and maliciously PREVENTS the consumer from using the ink they purchased by building in features in their printers that STOPS the consumer from using the remaining ink they purchased UNTIL the consumer pays Epson more money by way of buying more of their products. Epson is EXTORTING consumers by using mechanical means to eliminate a consumers’ FREE WILL and to put pressure on the consumers to FORCE them to pay Epson more money by way of BLOCKING a consumer from using the remaining cartridges they purchased that still contain ink.

A consumer had a reasonable expectation that when they purchased an ink cartridge, they would be allowed to use ALL the ink within the cartridge. HOWEVER, under the manufacturers scam, the manufacturers built in mechanical means that PREVENT the consumer from using the remaining ink UNTIL the consumer PAYS more money. THIS IS CLEAR UNFAIR BUSINESS PRACTICES AND EXTORTION BY MECHANICAL MEANS.

THIS IS CLEARLY ILLEGAL. IT IS UNFAIR BUSINESS PRACTICES AND EXTORTION BY MECHANICAL MEANS! It is shameful what the Printer/Ink manufacturers are doing out of greed. These manufacturers are truly doing EVIL to consumers (e.g. the small cartridges and preventing consumers from using the ink they purchased just to force them to pay them more money).

I am seeking Plaintiffs for a class action lawsuit against multiple top Printer Ink Manufacturers who are engaging in this illegal practice. THUS, if you purchased a printer and it prevented you from using the remaining ink you purchased UNTIL you bought more ink, you can join this class action lawsuit.

 

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The Gem of Bond Street

August 26th, 2013 Comments off

A labor of Love (26 Bond Street, NY, NY)

By B. David Mehmet, August 26, 2013

I do not think that anyone who has lived in a building like the one located at 26 Bond St., NY, NY could not fall in love with this 1832 building. It has so much character and every corner reminds you of the old look of Bond Street in the 19th Century when it was the era of the Napoleonic Wars and when the British Empire ruled.

As new modern buildings rise on Bond Street while the old fall into their graves, a few buildings from the 19 Century remain. However, no building on Bond Street possesses the beauty and possibly the age like the Federal Style row house located at 26 Bond St. The weekly tour guides that stand in front of the building each week viewing it with delight as they hear its history. The film companies, designers, photographers and models that continuously use the building as their background images. And the frequent famous actors that walk into the restaurant in the basement. 26 Bond St. is a building that is alive with its own energy. How could anyone think of taking down such a beautiful and spirit filled building like 26 Bond St. rather then bringing it back to its glory.

Currently, 26 Bond St. is being renovated and restored as much as possible to reflect its Federal Style row house glory of the 19th Century. The image on the left depicts the proposed look of the building once the renovation is completed. As owners of 26 Bond Street, we hope that you will enjoy the building as we have for many years and that it will further bring up the prestige of Bond St.

The newest building being built on Bond Street between Broadway and Lafayette:

 

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Help Build a Community Pool in Taza, Algeria

July 8th, 2013 Comments off

Donation Goal $1.2 Million

Win the Hearts and Minds with Kindness and Generosity 

By Badisse Mehmet, July 8, 2013

The link below contains the price quote from Hohne Pools  (The project will take about 6 months):

Algeria Community Swimming Pool Project – July 2013

 

 

Donate: http://www.gofundme.com/3ijplw

FACTS/PHOTOS

This is a mountain village in the Southern part of Algeria. A town where the temperature can hit over 90 degrees in the summer time and the average temperature during the year can reach 75 degrees. Thus, you would think that a pool was the logical choice. However, NO pool exists in this entire town. Many of the children NEVER swam in a pool from the time they were born nor have they even seen such a pool in person. This is a town with only 233 people per sq mile and with little to no employment for the residence. There are little to no activities for the youths and boredom and depression run among the youth who seek to escape to a better life.

My desire in partnership with one of the best pool builders in the Word,Hohne Pools, is to build the pool pictured above in TAZA for the community. Hohne Pools not only builds pools for major hotel chains around the World; but they are the pool builder for the U.S. Embassy Worldwide. They have accepted this project and have quoted a price of $800,000 to $1.2Million (not including the land, buildings and plumbing, which I will pay personally). It will take about 6 months to complete the pool.

The pool will bring the entire community near and far together like never before. It will be a beautiful pool that will bring more jobs to the community and taxes. It will help to promote additional construction and other new businesses. It will provide swimming lessons for the young and old, aqua-physical fitness classes, games and events. The pool will also bring TAZA some good recognition among the other communities and also attract new residence.

And the best thing about this project is that the people of TAZA will see a PLAQUE at the entrance of the Pool that will continuously remind them that the People of the United States helped to build that pool for them. Every time they enter that pool, they will think of the United States and they will be grateful. For this little community that has an incredible reach around the World via its youth and the Internet, thousands of family conversations around the dinner table each night will be had speaking of the generosity of the Amerian people.

NOTE: This project will NOT be funded unless we reach our goal. Also, I am personally investing $500,000 cash of my own money that my mother left me when she died in November 2012 in NYC to purchase the land from the Algerian government to build the pool on.

Here is an image of the land I will be negotiating to purchase in TAZA. It is beautiful and it will allow for expansion in the near future:

 

 

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Thomas J. Hillgardner, Esq. Violates DR 2-103 (Client Solicitation in Court)

April 17th, 2013 No comments

By B. David Mehmet April 17, 2013

SUMMARY:

THOMAS J. HILLGARDNER, ESQ. VIOLATES DR 2-103 under Porter vs. NYC Housing Authority Index No. 017424/11 (Queens) by soliciting the client/Plaintiff in Court. Plaintiff then claims Hillgardner abandoned her and mistreated her while she and her son were living in a family shelter.

DETAILS: 

A complaint has been filed with Tenant Protection Services against Mr. Hillgardner by a former client for his solicitation of the client in Court and for abandoning the client.

ILLGARDNER FAILS TO FILE NOTE OF ISSUE

This homeless tenant who was kicked out of her house with her son without being served with a Notice of Eviction was wrongly solicited in court by Hillgardner. The tenant won a contempt order against the NYC housing authority for failing to place her back into her home; but Hillgardner caused her Supreme Court case to be dismissed by failing to TIMELY file the Note of Issue. He then failed to timely file a motion to vacate the dismissal.

The Disciplinary Committee is being informed and an attorney is being hired to remedy the damage.

Mr. Hillgardner knew that his former client and her son were living in a family shelter and her lawsuit was to get her and her son back into her house she lived in for the last 29 years and for damages.

**If Mr. Hillgardner has harmed you, contact TenantProtection.org for help.**

 

The Disciplinary rule reads as follows:

“DR 2-103 [1200.08] Solicitation and Recommendation of Professional Employment.A. A lawyer shall not engage in solicitation: 1.by in-person or telephone contact, or by real-time or interactive computer-accessed communication unless the recipient is a close friend, relative, former client or existing client

NY DR 7-101(A)(1) further states that a lawyer “shall not intentionally . . . fail to seek the lawful objectives of [his or her] client through reasonably available means permitted by law and the Disciplinary Rules. NY DR 7-101(A)(3) prohibits a lawyer from “intentionally . . . prejudic[ing] or damag[ing] [his or her] client during the course of the relationship.” Referring link:  http://www.law.cornell.edu/ethics/ny/narr/NY_NARR_1_03.HTM

 

COMPLAINT AGAINST THOMAS HILLGARDNER BY FORMER CLIENT:

April
15, 2013

Reference:
Mr. Hillgardner

Mr.
Mehmet,

As
per our conversation on 4/10/13 when I emailed you about seeking
another lawyer, I am stating my case briefly to you so can help me.

On
June 14, 2010 I was in Civil Court for a Travis Hearing to be
reinstated back to my home of 29years, when I was called in for the
hearing was first when I came across Mr. Hillgardner. Before I went
into the hearing Mr. Hillgardner approached me and asked me could he
sit in on my hearing and that he was an Attorney. 
At the time I was
very distressed, confused and did not think twice about Mr.
Hillgardner sitting in on my hearing since he presented himself to me
as an Attorney. After the hearing I had to return after lunch for the
decision. After I won the decision he asked me could he represent me
as his client. 
I had agreed to him being my Attorney because I did
not know any better at the time.

Since
June 14, 2010 he became my Attorney and I thought that he was going
to represent me in a professional manner. During the first year I had
many problems with getting in contact with him, and when I did he
seemed to be very disrespectful most of the time. He talked very
nasty to me and my son on numerous of occasion. I lived at the time
from one family relative to another until March 2011. Due to the
seriousness of me being homeless I was unable to deal with anyone
especially my Attorney that made me feel worse than I did. By May of
2011 he pushed me to the limit and I decided not to call him for
awhile. I stopped calling October 2011 up until December 2012 a
little over a year later. I have not heard anything from him for
nothing. The last time I heard from him was when I was waiting to
hear from an Appeal from Supreme Applet Courts.

When
I called him December 2012 he stated, “Ms. Porter I was just
thinking of you, I just got the decision for your Civil Court Case
and you won the decision.” He also stated, “That something
was wrong with his phone back in July of 20112 and he could not
contact me.” I did not understand because I still have the same
number and I never received a call from him nor did I get a missed
called neither. OK, I felt that all was water under the bridge
something good is about to happen with my case. Still his attitude
was rude and unbearable to deal with for me and my son. So when he
hung up the phone on me this time I decided to GOOGLE him to find out
what kind of Attorney record he has and only then I realized that I
made the biggest mistake by signing a retainer with him. I also found
out on March 28, 2013 that my Supreme Court case was removed of the
calendar because when I was called to appear in Court sometime in
July of 2012 he (when I decided because of his disrespectful manner
not to call him) never contact me until I called him in December
2012.

He
stated to me that he was putting a motion into the court and I was to
wait for his call the week of April 8. 2013 and he did not called me.
When I called him April 10, 2013 he was very disrespectful to me and
told me, “you are not paying me any money.” I stated, “Why
would you say that when I signed a retainer so you would get paid.”
He stated, “I can not call him when ever I wanted to and expect him
to talk to me, and if I do not like what he is saying then I can find
another Attorney. Besides you get more from a person being sweet as
honey bees, than sour like vinegar.” He then hung up the phone and
I have not heard anything from him since then. I only called him
because he never returned my call and it is important to speak with
him ASAP to get my case back on the calendar.

PLEASE
HELP me I have a case in Civil Court with Judge Badio for NYCH to
restore me back into a place. I am currently living in a family
shelter for 2 years and need to get out
….. I also have a Supreme
Court case for damages that I need to be restored back to the
calendar. I can be reached anytime at 347 617 1187. I look forward to
hearing from you soon.

Thank
You,

 

CASE LAW:

Referring Link: http://www.law.cornell.edu/ethics/ny/narr/NY_NARR_1_03.HTM

“Running Afoul of a Statute of Limitations: See In re Gajewski, 217 A.D.2d 90, 634 N.Y.S.2d 704 (1st Dept. 1995) (lawyer suspended for one year for, among other neglectful behavior, allowing the statute of limitations to expire on a case).

Ignoring Pleadings: See Gigliotti v. Morasco, 2 A.D.2d 653, 152 N.Y.S.2d 45 (4th Dept. 1956) (court opined that a lawyer who was so dilatory as to ignore a bill of particulars until a motion to preclude is made might subject himself to disciplinary proceedings.)

Duty of Diligence Continues Despite Non-Payment of Attorneys’ Costs: See, e.g.,In re Pines, 26 A.D.2d 424, 275 N.Y.S.2d 122 (1st Dept. 1966) (client’s failure to reimburse attorney for disbursements did not excuse attorney’s failure to prosecute personal injury action for over 3 years).

Delegation of Responsibility: Kleeman v. Rheingold, 81 N.Y.2d 270, 598 N.Y.S.2d 149 (1993): Under DR 6-101, an attorney cannot delegate the duty to exercise care in handling a client’s legal matter. Accordingly, an attorney cannot escape liability for negligent service of process by delegating that task to an independent process server.

Neglect: Matter of Sorid, 189 A.D.2d 377, 596 N.Y.S.2d 125 (2nd Dept. 1993): An attorney violated DR 6-101 by failing to forward a settlement check to a client for two months, failing to retrieve file in an estate matter after a former employee removed it from the attorney’s offices, and by failing to probate an estate within four years. See also In re Lowenthal, 132 A.D.2d 117, 521 N.Y.S.2d 721 (2d Dept. 1987), appeal dismissed, 71 N.Y.2d 888 (1988)(lawyer that violated DR 6-101(A)(3) by neglecting an estate matter for more than seven years was suspended for two years for this and various other rules violations).

Family Problems No Excuse For Neglect: Matter of Sexton, 231 A.D.2d 832, 647 N.Y.S.2d 587 (3d Dep’t 1996) (acknowledging that “attorneys must attend to their clients’ interest punctually and with vigor despite distracting and stressful intrusions from personal and family problems or advise their clients of their option to obtain other counsel” and suspending neglectful counsel for 6 months).

Illness Not an Excuse: Matter of Whitbread, 183 A.D.2d 347, 591 N.Y.S.2d 117 (4th Dept. 1992) (Under DR 6-101, an attorney’s illness and divorce do not justify the attorney’s neglect of legal matters and abandonment of clients. Sanction: Suspended for one year).”

Categories: General Topics Tags:

WIN! A $149 Nano Ipod – MYstockroom Stock Contest

February 20th, 2013 No comments

MYstockroom’s March 2013 Contest

By Badisse D. Mehmet  February 20, 2013

One of the best methods to utilize in learning how to trade stocks is to “paper trade” stocks. In other words, you would engage in stock trades based on real stocks and their market prices without utilizing any money.

As part of MYstockroom’s promotion of its website, we are offering a FREE Nano Ipod to the winner of the March 2013 MYstockroom stock contest valued at $149. Thus, we are providing you with some motivation to want to play and win. MYstockroom intends to increase the level of prizes and to add additional prizes in the coming months that will award prizes to the first three (3) winning places.

CLICK TO JOIN THE MARCH CONTEST TO WIN

*The March 2013 stock contest will be loaded on February 28, 2013

 

 

 

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I Can Win the NJ Pick 3 Lotto Every Time

February 6th, 2013 No comments

When You Know How To Win, It’s Easy

By: B. David Mehmet, February 6, 2012

I am going to not only write more on this subject shortly; but I am going to prove to you how I can win the NJ Pick 3 Lotto every time I play it. And it does not involve selecting all the number combinations. Why am I doing this? Because I want to show you how a system you create or adopt after you education yourself can be a very affective tool in winning in the stock market. When I put up my videos of winning the NJ Pick3 Lotto on Youtube, they took them down because the reviewer was too ignorant to understand how I was doing it and they thought it must be a fraud. But it isn’t a fraud. It is the real deal.

Pick One Lowest Winning Digit and You Win

That is how wild my Pick3 system is. All you need to do is pick one digit that is the “lowest winning digit” in the next Pick3 Lotto game and you will win. Thus, you do NOT have to guess all 3 numbers (The great thing about the formula is that the concept can be applied to larger Lotto games….IT WORKS!).

Proof

 

1) Go grab my Pick 3 formula/chart at the following URL: http://www.badisse.com/images/play3chart.html

2) Go to the New Jersey Pick 3 website at the following URL and pick ANY winning lotto number and find it on my Pick 3 lotto chart (Remember, the Lotto numbers can be in ANY order to win): http://www.state.nj.us/lottery/games/1-6_pick3.shtml

RESULT: You will witness that (a) EVERY winning NJ Pick 3 number can be found in the numbers colored RED and BLACK, and (b) the winning number will be FOUND in the LOWEST winning digit box. In other words, “1″ is the lowest digit in winning number “215″. Thus, you will find the number “215″ in the  number “1″ betting box. THUS, you only need to  guess the lowest winning digit in the next lotto drawing and bet the RED and BLACK numbers in that box and you will WIN! THEREFORE, you do NOT need to guess all 3 numbers.

And this is the type of intelligence and logic I have used to build MYstockroom. I built the site with the logic and flow that will allow members to identify stocks that are about to breakout.  In other words, I am going to teach you how to pick stocks by first picking and using MYstockroom that contains a system that appears to be no more then a stock forum. But in the background is where all the magic happens, which produces the breakout stocks upfront for your review.

For example, when I want to win the stock games each time, how do I do it?  I do it by implementing a system for picking the stocks and I keep using it over and over again (Other players thought I was hacking the game): 

http://www.mystockroom.com/stockgames.php

 

As for you making money in the stock market, you will always make and lose money in the stock market. The key to be rich is to adopt a winning system that will cut your loses fast and let your wins ride. And I am going to show you how you do not need to do your own exhaustive research to find stocks. Let others shuffle through the thousands of stocks and you just do the Due Diligence on the ones brought to you by others. The key is to find those who know what they are doing. I will introduce you to a few of them. Just keep coming back and following my posts. And don’t forget to participate in the forums and investment groups on MYstockroom.

Here are some good stock picks to start:

http://www.mystockroom.com/elgg-1.8.8/groups/profile/937/badisse-stock-picks

I will soon post  video updates that will show you a 5 day run where I will win the NJ Pick3 Lotto game every time I play it. If I can win the Lotto every single day, what do you think I can do in the Stock Market…this is what I want to teach you. How to be a winner!

Read More: http://www.badisse.com/?p=389

 

 

Categories: General Topics Tags:

STOCK ALERT! (FAZ)

January 14th, 2013 No comments

FAZ $13.25

I will write more about FAZ  shortly. I just wanted to bring your attention to this incredible price level. FAZ is an ETF that plays on the market shorts. I have been following it for a number of years and it is a predictable stock that rides steady with high volume (Liquidity). It is guaranteed that the stock market will have a correction soon and FAZ will pop high and fast. You can bet on DOUBLING your money with this stock in the short term.

Thus, you should take a good look at this stock and consider investing. Because of the Christmas rally, the stock may fall more, which will allow you to grab more shares cheaper.

Categories: General Topics Tags:

Bebida Beverage Company (BBDA)

October 27th, 2012 No comments

Grab a Koma and Relax

By B. David Mehmet   October 27, 2012

Real Company. Real Product

I think it is about time I addressed Bebida Beverage Company.  I have been following this company for some time now and I have also traded its stock. In May 2012, the company’s stock was at 0.0003. In August 2012, it popped to 0.0199. A $1,000 investment in this stock in May of 2012 would have generated $66,000.00 in August 2012. And you wonder why people are still investing in penny stocks (Most people fail to perform proper due diligence).You cannot make huge profits without taking huge risks. The great thing about penny stocks is that you can take small risks and get huge gains.

The first thing that grabbed my attention about this company was the fact that they hit a new niche in the market. Instead of marketing an energy drink, they are marketing a relaxation drink. This is a great idea. There are millions of people who seek out extra energy during their day with a huge boost of caffeine and there are many energy drink products catering to them. However, these energy companies forgot about the millions of people who would rather relax after a hard days work or after a stressful situation. Bebida’s Koma Unwind relaxation drink caters to that forgotten demographics. The second thing that grabbed my attention about this product is that Jennifer Lopez was promoting it in one of her music videos, which got over 1oo Million hits on Youtube. Now that’s marketing. Jennifer Lopez exhibits Koma Unwind in the beginning shots of her music video and she makes it look good.

After I bought some stock in this company and sat back and watched the pops and pull backs in the stock, which included reading more about the company and listening to its CEO give multiple interviews, I started to notice something interesting happening. I started seeing more young people take notice of Koma Unwind. Now I am not talking about young investors who bought the company’s stock and then went out and bought the product. I am talking about your average non-investor young person who is more motivated by their primal urges then by any rational intellectual thought process. These young people start gravitating toward the idea of Koma Unwind and its promises of relaxation (They even joked about how the name Koma inferred how the product may put you out like Coma). For example, I have noticed multiple Youtube videos by these young people praising the name and the idea of Koma Unwind. These are the same young people that will pass the idea of Koma Unwind to their friends by word of mouth.  And I have seen different alcohol recipes that mixes Koma Unwind, which is similar to the phenomena that occurred with Red Bull.  This could ignite a firestorm in the product’s sales and pop the stock even higher. If this company succeeds like Monster Beverage Company, there are going to be a lot of new millionaires out there.

The signs are clearly visible that this company truly has the potential to be another MONSTER beverage company. For example, the stock price of Monster Beverage Co. was at 0.25 in May of 2003. The stock then popped up to $83.00 in April 2012. A $1,000 investment in 2003 would be worth over $300,000.00 in 2012. At the current stock price of 0.0050 for Bebida, if the stock price popped to $83.00, a ONE HUNDRED DOLLAR ($100.00) investment would be worth $1.6 Million. Now that is insane! And this is a good reason why everyone should throw $100.00 and this company and just let it ride for the long run.  Furthermore, one of the good elements to success that this company has, which is regularly coined by Warren Buffett, is the idea of a durable competitive advantage in the relaxation niche category.

I would suggest that you take a closer look at Bedida Beverage Company (BBDA) before you miss the train again.

Categories: General Topics Tags:

The Beamz (BZIC) – Hot New Product and Stock

October 6th, 2012 No comments

A New Hot Product and Stock

By B. David Mehmet Oct. 6, 2012

This new product allows users to interact with popular songs by adding their own musical instruments and sounds. The product works with laser beams. Interrupting the laser beam path causes the device to emit sounds. This product is for anyone and it appears that club DJs are incorporating this device into their sets. This product would be a good unique Christmas gift this year for someone. The Beamz stock is about to start trading under the ticker BZIC. I do NOT like to trade IPOs because they have NO track record and many tend to fall in price. However, it may be a good idea to place this stock on your watch list, and you may want to take a small position once it starts trading.

You can review the product at the following website and listen to an interview with the makers at the following URLs

Interview

TheBeamz.com

 

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Pump and Dump Schemes on InvestorsHub.com (Pennymachine and Muga)

August 17th, 2012 No comments
March 1, 2011 Pump-n-Dump of DRWN

March 1, 2011 Pump-n-Dump of DRWN

Pump-n-Dumps are alive and well on InvestorsHub.com

By B. David Mehmet  August 17, 2012

Even with all the SEC convictions of stock fraud, there is NOT an end nor do I expect there will be an end to stock and shareholder manipulation. I think the solution would be to push investors to initiate their own litigation against these individuals.  Since there is an abundant amount of this type of bad conduct being perpetrated online and the SEC is incapable of handling the workload, this type of litigation should be welcomed by legitimate stock traders and the SEC itself.

For example, the investor would initiate a lawsuit against the stock and shareholder manipulators  working under the usernames Pennymachine and Muga on Investorshub.com. In one incident these two usernames were used to manipulate shareholders into buying the stock DRWN  of the company “A Clean Slate, Inc.”  The company had reported NO earnings, their stock had run in the triple zeros since 2008 to only pop to $2 on March 1, 2011 then it IMMEDIATELY dropped down to triple zeros thereafter, and their website had almost NO traffic. Since the moderators are AGENTS of InvestmentHub, the company can also be sued for the bad conduct of its moderators (http://investorshub.advfn.com/A-Clean-Slate-Inc-DRWN-10542/). InvestorsHub was previously sued in Canada, which resulted in a $4 Million default judgement. A consent judgement was entered into where the parties agreed that the default judgement was not enforceable in Florida (“http://www.prnewswire.com/news-releases/mina-mar-group-awarded-judgment-vs-investorshubcom-lawsuit-62168702.html)

COMPLAINT

Liability of PennyMachine, Muga and InvestorsHub

1. That Pennymachine and Magu did engaged in a stock and shareholder manipulation scheme within InvestorsHub’s DRWN forum for the purpose of inducing investors into purchasing the DRWN stock belonging to the company “A Clean Slate, Inc.”

2. That InvestorsHub did accept and approve Pennymachine and Magu as its MODERATORS within its DRWN forum. And in doing so, Pennymachine and Magu became the AGENTS of InvestmentsHub. As moderators, Pennymachine made 36,865 posts since 02/21/2011 and he is the moderator of 13 forums on InvestorsHub. Magu made a total of 39,593 posts since 08/28/2009 and he is the moderator of 29 forums on InvestorsHub. Both Pennymachine and Magu would repeatedly respond to each other’s posts in pumping up stocks and manipulating investors to buy worthless stocks.

“The term “moderators” refers to “individuals whose job it is to look after the running of the forums from day to day.” (SGI, ¶ 41.) Moderators can edit, delete, and reorganize postings in the forums. (SGI, ¶ 42.) Some moderators, referred to as “admins,” also have the ability to ban selected abusive users and remove user-posted dot-torrent files. (Id.) There is no substantive dispute by Defendants regarding their relationship to these individuals. Defendants assign this status and give these individuals authority to moderate the forums and user discussions. These individuals were under the control of Defendants and assigned duties related to the administration of the web forums.

Therefore, there is an agency relationship between these individual moderators (or “admins”) and Defendants.”

Columbia Pictures Industries, Inc. v. Fung,U.S. District Court, C.D. California. December 21, 2009 Not Reported in F.Supp. 2d 96 U.S.P.Q..2d 1920

3. That on August 17, 2012, Pennymachine and Magu did utilize InvestorsHub’s forum DELETION tool to remove negative posts within the DRWN forum for the purpose of furthering their stock and shareholder manipulation scheme by fooling investors into believing that DRWN was a valuable stock that was about to have an “epic breakout”.

4. That Pennymachine and Magu did publish false content within multiple forums of InvestorsHub for the purpose of  furthering their stock and shareholder manipulation scheme by falsely informing the investors that  ”A Clean Slate, Inc.” was about to take certain actions that would cause the DRWN stock to breakout when NO such action was being taken by the company. Furthermore, there NEVER existed any announcement or intentions by any company to acquire “A Clean Slate, Inc.” nor was such an acquisition feasible at that time. And  outside the short term price pops manufactured by Pennymachine and Magu manipulation of the shareholers, DRWN did NOT have the potential for an “epic breakout” or to hit 0.0008 or 0.0010  on the company’s current status. The DRWN stock charts shows signs that it was subject to a pump-n-dump scheme on March 1, 2011. And it appears that Pennymachine and Magu were attempting to manufacture another  pump-n-dump scheme in DRWN.

drwn_stockchart_2012-08-18-at-110621-am

5.  That in posts made within InvestorsHub’s forums on August 16-17, 2012, Pennymachine stated in Post No. 3403: DRWN ( 0.0003) watch for a BIG ACQUISITION NEWS soon >>NEW CEO on board. In Post No. 3731, Pennymachine stated: “Hit’s .0008 like clockwork“. In Post No. 3364, Pennymachine stated:  ”Bid/Ask Ratio setting up for an Epic Breakout $$$$$$$$“, and in Post No. 3446, Pennymachine stated: ”This baby is heading to .0010+, dumb to sell any cheaper“.

6.  That in posts made within InvestorsHub’s forums on August 16-17, 2012, Magu stated in Post No. 3796: “.0020 looking mighty fine here“. In the forum Money Runners, Magu stated in Post No. 174417:  ”DRWN .0003 CHART open to .0024 $$$$$$$$$$“. In the forum BB’s Stock Haven, Magu stated in Post No. 2754984 : “DRWN .0003 monster move building up!!!$$$$$$$ and in the DRWN forum, Magu stated in Post No. 3100:$DRWN 2000% runner at least $$$$$$$$“.

7. That in furthering their stock and shareholder manipulation scheme, Pennymachine and Magu made multiple DUPLICATE posts in other forums for the purpose of manipulating investors into buying the DRWN stock. For example, in posts made on the forum o.0001 PICKS ONLY, Pennymachine stated in Post No. 220077: “*DRWN* Bid/Ask Ratio setting up for an Epic Breakout $$$$$$$$” and in forum 10-Baggas Factory 10, Pennymachine stated in Post No. 113343:  ”DRWN ( 0.0003) watch for a BIG ACQUISITION NEWS soon >>NEW CEO on board. And Magu made identical statements in forum 0.0001 PICKS ONLY Post No. 220037 and in forum 10-Baggas Factory 10 Post 113293 that ”DRWN (0.0003) watch for a BIG ACQUISITION.NEWS.soon >>NEW.CEO. on.board” (There exists the possibility that the usernames Pennymachine and Magu are owned by the same person, which violates InvestorsHub user terms).

8. That in response to the enormous posts by Pennymachine and Magu, investors were manipulated into buying the DRWN stock, which caused a manufactured up tick of the DWRN stock price and Pennymachine and Magu would then play on that up tick to fool more investors into believing that DRWN was about to have an “epic breakout”. For example, in Post No. 3353, the Investor BillG2436, in responding to Pennymachine and Magu’s posts, statedI’m in boys!!.

9. That in furthering their stock and shareholder manipulation scheme, Pennymachine and Magu intentionally made enormous amounts of posts within the DRWN forum to cause InvestorsHub to list DRWN in the No. 1 spot on the Breakout Boards to fool investors that DRWN was on the verge of an “epic breakout” (The breakout Rate is the change in posting activity in the past 24 hours vs. the average from the prior 7 days). Pennymachine and Muga intentionally and maliciously used their manufactured breakout rating to draw unsuspecting investors into the DRWN forum for the purpose of subjecting them to their stock and shareholder manipulation scheme (The majority of the 578 posts recorded on August 17, 2012 were made by Pennymachine and Muga). For example, in using the manufactured breakout rating to manipulate investors, Magu made a statement in the forum BB’s Stock Haven under Post No. 2754764 that “DRWN (.0003) #1 BREAKOUT BOARDS NEXT BBDA?$$$$$$ and he posted a link back to the DRWN forum (In protecting investors from this type of manipulation, the breakout rating system can be improved by only allowing the recording of the total users posting instead of the total posts).

Breakout Board (8/17/12)

Breakout Board (8/17/12)

10. That upon information and belief, Pennymachine and Muga are shareholders of DRWN and their further purpose of their stock and shareholder manipulation was for personal financial gain.

11. That upon information and belief, Pennymachine and Muga are also stock promoters of DRWN in exchange for monetary compensation directly or indirectly from ‘A Clean Slate, Inc.” who are the owners of the stock ticker DRWN. And thus, they have violated SEC rules by failing to inform investors of this fact and to disclose the amount of their compensation.

12. That but for the wrongful conduct of Pennymachine and Magu, multiple investors would have NOT purchased the DRWN stock to their detriment.

13. That the investors had reasonable and justifiable reliance on the statements of Pennymachine and Magu because InvestorsHub made them MODERATORS/AGENTS of the DRWN forum and InvestorsHub notified the investors on its Breakout Board that DRWN had a 1.091% breakout rating, which evoked trust and the belief that DRWN was about to have an “epic breakout” (To prevent this type of abuse and liability, forums should replace the moderator feature with a ” Customer Report Abuse” feature”).


InvestorsHub Refused to Protect Investors

14. That upon InvestorsHub being placed on notice of the wrongful conduct of its MODERATORS/AGENTS, Pennymachine and Magu, InvestorsHub did REFUSE to remove or restrict their access to the DRWN forum, which allowed them to continue their stock and shareholder manipulation scheme in violation of InvestorsHub’s user and moderator terms.

15. That when the Administrator of InvestorsHub, Mr. David Lawrence, was personally placed on written notice of Pennymachine and Magu’s stock and shareholder manipulation scheme within the DRWN forum on August 17, 2012, Mr. Lawrence stated in writing quoteWe [are] not interested in your “notice” or opinions about other users” unquote.

16. That InvestorsHub conspired with Pennymachine and Muga to manipulate the stock price and shareholders within the DRWN forum when it appointed Pennymachine and Muga as MODERATORS/AGENTS of the DRWN forum, which evoked investor trust, and then it allowed Pennymachine and Muga to violate the user and moderator terms while subjecting investors to a violation of those same terms. e.g. InvestorsHub gave Pennymachine and Muga the ability to DELETE investor posts and to make their own posts within the DRWN forum, which created a conflict of interest with opposing investor opinions. Pennymachine and Muga then used that power and trust to make multiple false posts and to delete negative posts about DRWN for the purpose of fooling investors that DRWN was a valuable stock verging on an “epic breakout”. When investors would post a complaint on the DRWN forum concerning Pennymachine and Muga engaging in a stock and shareholder manipulation scheme  with the DRWN stock, InvestorsHub would hold the investors in violation of the user terms and it would SUSPEND the investors’ posting privileges within all the forums except the forum labeled “JAIL”. When these investors complained directly to  InvestorsHub about Pennymachine and Muga engaging in a stock and shareholder manipulation scheme and that they violated the user and moderator terms, InvestorsHub would hide behind 47 USC § 230 and inform the investors that it was none of its business and that the investors should take up the matter directly with Pennymachine and Muga. InvestorsHub would then continue to assist Pennymachine and Muga in their stock and shareholder manipulation scheme as described above.

17. That InvestorsHub opened its forum content to multiple search engines on the Internet. And thus, InvestorsHub intentionally took action to have the stock and shareholder manipulation scheme perpetrated by its MODERATORS/AGENTS published on other websites that contained a URL linking investors back to the DRWN forum. For example, entering the stock ticker symbol DRWN in the Google search engine produced a URL  on the first page that linked investors to the DRWN forum where they were subjected to the stock and shareholder manipulation scheme of InvestorsHub’s MODERATORS/AGENTS.

18.  That as MODERATORS/AGENTS of InvestorsHub, Pennymachine and Muga were required To promote the civil exchange of on-topic diolog that complices with the InvestorsHub Terms of Serviceand the role of the Moderator is to…..be the site’s first line of defense in ensuring we remain free of spam, vulgarity, and personal attacks”.

19.  That by failing to RESTORE the negative posts about DRWN deleted by Pennymachine and Magu after notice to InvestorsHub, InvestorsHub violated its own user and moderator terms that stated The principle objective of the iHub message boards is to maintain a high signal-to-noise ratio while encouraging the exchange of all points of view” and “In short, the role of the Moderator is to help foster an environment that promotes and encourages posting of ALL opinions and information about companies, regardless of the bullish or bearish sentiment of the posts”.

20. That by failing to RESTORE the negative posts about DRWN deleted by Pennymachine and Magu after notice to InvestorsHub, InvestorsHub violated its own user and moderator terms that stated It is also not the Moderators’ role to remove posts on the basis of “truth” or “accuracy.

21.  That by failing to stop the moderators’ stock and shareholder manipulation scheme in its DRWN forum after notice to InvestorsHub, InvestorsHub again violated its own user and moderator terms that stated “it is not the Moderators’ role to dictate bullish or bearish sentiment, to insist the “tone” of the content be along any particular investment sentiment, or to favor one investment sentiment over another.

22. That InvestorsHub’s facilitation of the manipulation scheme and its failure to safeguard the investors on its website from its MODERATORS has made InvestorsHub partly liable for the wrongful conduct of Pennymachine and Magu as a co-conspirator.

23. That 47 U.S.C. 230 does NOT provide InvestorsHub any immunity from the bad conduct of its MODERATORS/AGENTS. Sect. 230 was enacted to protect forum operators from third-party postings who they did NOT control. However, Sect. 230 was NOT meant to protect these forum operators from the tortious conduct of their own moderators/agents who they controlled. Therefore, InvestorsHub is liable for the stock and shareholder manipulation scheme perpetuated by Pennymachine and Magu within its DRWN forum.

“Bodybuilding.com  gives its moderators actual and express authority to delete posts of forum users and to ban forum users for violations of the terms and conditions of forum use, and thus moderators are agents of Bodybuilding.com….As a principal, Bodybuilding.com “is responsible for the acts and agreements of its agents which are within their actual or apparently authority. “

Cornelius v. Bodybuilding.com, LLC

U.S. District Court, D. Idaho. June 1, 2011, Not Reported in F.Supp.2d 100 U.S.P.Q.2d 1483

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