This one dated, April 28, 1997
From: "Tania A. Robinette-Turenne" <tturenne@RBVDNR.com> To: Tod Pauly <Tigre@dataplusnet.com> Subject: Gayle Essery Letter Date: Mon, 28 Apr 1997 15:26:00 -0500 X-Mailer: Microsoft Exchange Server Internet Mail Connector Version 4.0.994.63 MIME-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit Status: U X-Mozilla-Status: 0001 Content-Length: 2693
The following is the letter faxed to Mr. Essery today:
April 28, 1997
SENT VIA FACSIMILE
Mr. Gayle Essery StreetLevel On-Line Moderator The Waaco Kid's Forum
Dear Mr. Essery: Re: GIFS
This letter responds to recent statements that have been made regarding Genesis International Financial Services, Inc. (-GIFS-) and the questions that our client, D. Tod Pauly, raised regarding GIFS. As specified below, we request, on behalf of Mr. Pauly, an immediate retraction of these statements.
On April 9, 1997 (and thereafter), you published several statements that were untrue and misleading. These statements include: (1)statements that Mr. Pauly has not owned GIFS stock; (2) statements that Mr. Pauly received nonpublic information that was available only from documents that were in a briefcase that is connected to a January 14, 1997 break-in (and such information was obtained through such criminal activity, i.e. the break-in); and (3) statements relating to other concerns and questions raised by Mr. Pauly concerning GIFS+s officers.
These statements are incorrect and misleading. First, Mr. Pauly has owned GIFS stock and IMXS stock. Second, the alleged -break-in-occurred on January 14, 1997. The document containing the information that prompted Mr. Pauly+s questions is dated February 11, 1997, nearly one month after the break-in. Further, that letter discusses events occurring in early February. Third, it is now apparent that GIFS+s officers may not have made required disclosures concerning the criminal background of the Company+s officer(s). It is now acknowledged that the Company+s CEO, Mohamed Khairy Mohamed Zayed, II, has been incarcerated.
The above areas are not intended to be all inclusive. At this time, we request that you retract the above statements and cease and desist from any further actions that are intended to damage Mr. Pauly+s credibility and/or his ability to obtain investment-related information. We also request that you (a) placeMr. Pauly back on the lists (for which he paid to subscribe as a member), (b) advise other subscribers that he should not have been removed as a member, and (c) take all other steps necessary to advise investors that certain statements you have permitted to be published have been based on speculation, not fact.
Mr. Pauly reserves all rights regarding any statements that have been made in a false and misleading manner. He also reserves the right to all damages that he may have sustained as a result of the statements you have made or permitted to be published.
Very truly yours,
Anne M. Hlavacka
MW2\12135 |