Subj: Stockwatch: Street Wire: Crystallex Booster DeSouza Challenges Regulators Date: 10/7/00 1:27:49 AM Eastern Daylight Time From: list@stockwatch.com
Crystallex International Corporation - Street Wire
Crystallex booster DeSouza challenges regulators
Crystallex International Corporation KRY Shares issued 60,068,886 Oct 2 close $2.02 Mon 2 Oct 2000 Street Wire
GLOBE COLUMN SHOWS AVALON STILL GIVES GOOD PR
by Stockwatch Business Reporter
"I have kept records and have already contacted the regulatory and other authorities with respect to this and will do what I can to make sure that the people, especially on the Crystallex forum, are indeed tracked down and held accountable should their words have any negative effects on the lives of other forum participants. Perhaps this can help set a precedent for accountability when presenting opinions about investments." So spoke the mysterious and secretive feature-piece poster, Clive DeSouza, in The Globe and Mail newspaper over two-thirds of a page by the newspaper's personal-finance columnist, Tony Martin, on Sept. 23. With that challenge to regulators, Mr. DeSouza -- a 32-year-old Toronto man who for three years has wanted to convince the world that he is the obsessive Crystallex International poster-tout Avalon -- secured supportive coverage in the national Globe newspaper for both himself and Crystallex. The article, in Mr. Martin's Me and My Money column, is a one-source story that both advanced Avalon's identity claims, and Crystallex's weird vision of how it is the real owner of Placer Dome's Cristinas gold deposit in Venezuela. Mr. Martin will not say how Mr. DeSouza came to be featured in his column. "Well, I hear what you're saying, but I sort of do my job," he says. "I'm not so sure I'm prepared to give that out. ... The story, at least from our perspective, is legit." "What I will tell you is that I know what I'm doing and he's a legitimate human being and that, you know, unless I'm ... I'm like anybody else, I'm fallible. But I think it's a credible story and he's a credible person," Mr. Martin says. There are, however, a number of questions left unanswered following Mr. Martin's research of Avalon and Mr. DeSouza. The column listed Mr. DeSouza's job title as "financial adviser," which involves being reasonably available to the public in order to secure clients -- either for one's self or for an employer. Asked if he knew where Mr. DeSouza did his financial consulting, he said, "No." Mr. Martin was sure of one thing, however. "Let's just say that he didn't pursue me," which suggests that an intermediary set up the interview. Whoever it was, Mr. Martin did not give out the spokesman's name. Stockwatch in the summer of 1998 attempted to gain an interview with Mr. DeSouza regarding his remarkable Internet posting history, on the basis that it be conducted after his identity was verified by a lawyer and that the interview be conducted in a lawyer's office, at Stockwatch's expense. Avalon declined the invitation, in spite of constant claims on his part that he has nothing to hide and that he, in fact, wanted the interview to take place. Highlight of the recent Globe column for those who have followed Crystallex's on-line promotion was Mr. DeSouza's challenge to regulators to help stomp out Internet fraud. Yet, while Crystallex was busy promoting its Venezuelan court challenge, which began in March, 1997, Avalon was setting discussion-forum records, having posted at least 3,200 times on StockHouse during a 52-week period in which the stock ran to $11.85. He is also credited with more than 2,500 posts on Raging Bull, the forum of choice for him and other Crystallex touts since July, 1998. Avalon's most recent promotional push for his favourite company was saying that the "rocket launch" is coming. A compulsive poster with seemingly a lot of time on his hands for lengthy debates during office hours, Avalon also made posts in support of Crystallex on other forums besides the two mentioned. Mr. DeSouza's Globe and Mail comments about eradicating fraud on the Internet are bold, considering that Avalon did everything within his means to tout the stock of Crystallex, advance share-moving rumours and ensure discussion-forum "purity" by hounding skeptics with expletives, verbal threats and libel. As the forum policeman, he was without par. Those who failed to toe the collected wisdom on the forums, were subjected to vicious verbal attacks that nearly always had the effect of driving off opposition. Here are some classic Avalon comments, from the man who wants to help clean up the Internet: "Stupid dumb f$#k that you are, you wouldn't realize this at all....now would you??" (July 11, 1998) "Like I said before...MEDIA WHORES!!! and despite the fact that they proved to be right, my opinion still stands..." (June 20, 1998) "CAN YOU UNDERSTAND THIS...I willl tyyypppeee sslllooowwwlllyyy fooorrr yooooouuu...THEY ARE WRONG...WRONG...WRONG!!!!!!!" (May 23, 1998) "I think I can spare a few minutes to debate a lowly, cowardly piece of shit like you...gimme a call.." (February, 1998) "I suggested taking some profit at $10.50." (March 21, 1998) "DON"T YOU EVER, EVER presume to threaten me or EVEN QUESTION myself , Crystal or ANY of the posters, lurkers who have taken the time and effort to LEARN about this play UNTIL you have even a modicum of understanding about this company. Until that time comes you display only your ignorance. (Feb. 4, 1998) "Yup...I am a KRY tout...just like you're an expert in Venezuela etc etc etc. ... Your attitude of F^%$ everybody as long as you can further your personal agenda is pathetic." (May 25, 1998) "I'll be calling you you lowlife...BE READY---" (April 8, 1998) "Even if zi was going to the AGM, I would certainly not be speaking to Jerry..or if I did, it would be either...F$%# OFF....or....Oops...sorry about the orange juice....:)) Perhaps he would be interested in interviewing Greg Pearson instead as I am sure Greg must be just thrilled at that article Jerry wrote about him..." (June 23, 1998) Mr. Pearson is a Crystallex shareholder and former company official who was credited with helping to sculpt the company's public relations efforts soon after Marc Oppenheimer became company president, in January, 1995. Avalon claimed to have a full-time job at Canada Trust for much of the time he was Crystallex posting. Following an internal investigation after he left the trust company, Canada Trust officials said they had no idea how Mr. DeSouza could have done any posting (let alone habitual posting) from work since he nor any of the branches at which he worked had Internet clearance. Besides, the officials said, he was never known to have been on-line, according to his supervisors and co-workers they interviewed. (Canada Trust officials say they investigated Mr. DeSouza due to worries that an employee may have been promoting stocks while under its supervision. The company has rules against activities that could bring the financial institution into disrepute.) In comments made on both StockHouse and Raging Bull forums, Avalon claims his supervisors knew of his Crystallex habit. He says they turned a blind eye because he was an exceptional performer at his job who could accommodate both his Crystallex passion and scoring top marks on his job. This post was made on StockHouse during an exchange with fellow Crystallex poster MADone on June 23, 1998: "MADone...get this straight...it is a TRUST company...I work with ESTATES and TRUSTS...dead people don't care if their estate work is finished at my office or at my home..neither does my boss.... all the beneficiaries care about is that the estate is settled on time.....we have not been late once! Yeesh..." Earlier, Avalon posted, "Although my boss laughed at this, it is NOT the type of fax someone who works at an investment banking arm of a TRUST company should be recieving." Canada Trust officials, however, said Mr. DeSouza did not work in estates and trusts, which is a very small and specialized group within the company, but rather was a general salesman who spent some of his time in a car selling in-house mutual funds and Visa cards. Most of his time, however, was spent in one of three branches from which he conducted his Canada Trust business, according to Canada Trust. Avalon claims to have been assisted in his prewireless Internet activities with an Internet-capable laptop. Canada Trust management was skeptical of this claim, pointing out Mr. DeSouza was not issued a laptop, and even if he had his own, Mr. DeSouza was not known to have used it much. Susan Fraser, Canada Trust's assistant vice-president of corporate communications in August, 1998, said Mr. DeSouza's bosses have no recollection of their former employee making use of a laptop on a regular basis; nor did he broadcast his passion for Crystallex. "No one mentioned that they were familiar with it (Crystallex)," she said. "We didn't hear anybody volunteer anything." In an E-mail sent to a Stockwatch reporter on May 7, 1998, Avalon explained how he posted with his supervisors' approval. While not mentioning the fact he no longer was employed at that time at Canada Trust, Avalon said: "The regularity of my posts might give you the impression that my eye is on the forum every minute of the day, but it isn't. Most times, you will see my posts in bunches, i.e, two or three within a 15-minute time span and then an hour or so break -- then back again." Avalon revealed the identity of his employer as early as at least February, possibly earlier, although he did not broadcast this on a regular basis. The financial adviser said his supervisor discovered his Crystallex pastime when he intercepted an abusive fax sent to Mr. DeSouza by another StockHouse poster, and wanted an explanation. "He laughed at it but had to report it as I deal in securities in various trusts and any hint of conspiracy to commit some kind of securities fraud is taken seriously," he said in the E-mail. "I had to show HIS boss the forum to placate him and explain that I do sometimes come up against some idiots." Later, in July, Avalon told the Crystallex forum that his Internet hobby was generally known in his area of work. Commenting directly to a reporter, Avalon said: "Now, if you read my prior posts as closely as you claim to, you would know that I already have my own office, I do not work in a branch, and my boss and co-workers laugh at you too," he said. "Man, it's just one big party around here when you write something. LOL (laughing out loud) . . . ROTFL (rolling on the floor laughing) . . . LOL . . . LOL . . . ROTFL . . . Oh, someone please help me. I am going into spasms due to my fits of laughter. Whalley?? LOL . . . urk . . . I don't really care if you are looking into my past employment history." (The comments in brackets were added.) In his Globe interview, Mr. DeSouza said he wants the authorities to stop posters from generating unsubstantiated rumour where an unscrupulous individual could hype the stock and then "sell into a false move upwards." Whatever the issue, however, and whatever the rumour, there was Avalon close by to offer his guidance and his own unique brand of hype, abuse and adolescent humour. One rumour had it that Placer, knowing it would lose a court challenge by Crystallex (Crystallex was, in fact, simply asking the court that it be considered an interested party, which the court denied), had made an unofficial offer to KRY management of $23 a share. "Your friend is correct," Avalon wrote midday on Sept. 26, 1997. "There has been pressure from the government for a joint venture. I'm okay with that as long as the deal gets us mucho more than $23 a share, AND we get to sign (Placer president) John Willson's pink slip. Hey, if we all hold 10 per cent of the outstanding shares, I think we deserve MUCH more. Sorry for the numerous 30-second posts. I'm just a LITTLE excited right now." Earlier, on Aug. 3, 1997, Avalon offered this investment advice. "I do think that there will be an opportunity to profit after the announcement is made..if CB and Mesa are correct about a take over (BOOM BOOM BOOM) EG: Announcement and the stock goes to 12-15. You will most likely be able to buy in before any deal is made public at $23.00 or whatever...reduced risk but less reward. AV," he said. "PS. If Brazil results are very positive I believe we will most likely have a PDG JV for LC 4 & 6." PDG JV for LC 4&6 means Placer Dome joint venture for the Las Cristinas concessions, while Mesa is the posting handle of disgraced Vancouver broker Robert Van Santen. Mr. Van Santen exists on the industry's fringes by, among other things, participating in Internet discussion forums and offering chartist advice. In July, 1997, Mr. Van Santen relayed some of the information apparently passed on to him by the Crystallex president. Among the happy talk, Mr. Van Santen as Mesa said, "We are sooooooo close!" Mr. Oppenheimer is "absolutely delighted" with the legal case. "No wrinkles!" When the forum was reminded of Mesa's posting a year later, after the stock crashed, Avalon rushed to Mr. Van Santen and Mr. Oppenheimer's defence with a patented response that began "Hey moron ..." and "First of all, you jackass ..." Then there was Avalon's role as staunch defender of Crystallex management, combined with his hypsterism. At a meeting in Victoria, B.C., in early 1998 with investors and Crystallex president Mr. Oppenheimer, the Crystallex director apparently said the stock would be at $25 in a few months. Reminded of this long after the fact by an unhappy shareholder, when the stock was under a dollar on July 8, 1998, Avalon was again quick to come to Mr. Oppenheimer's defence. "-MO said $25.00 within three months...He was making/using an ANALOGY but people there took him to mean this literally." He added, "As far as quotes from KRY, let me remind you of the many comments that have been attributed to management that were either misconstrued or were absolute lies." Some posters suspected that Avalon's breadth and depth of knowledge about what was going on at the company and the issues that surrounded it could only stem from an individual who was in regular contact with Crystallex insiders -- or was one himself. One poster, MIC, apparently a Quebecois, ran into Avalon's strict regime on Feb. 10, 1998. "He has come on here with accusations of "professionsl posters"..and named ME..WRONG, he has called me a LIAR...WRONG, he has claimed that the directors are exercising options...even AFTER they have told us that they are NOT. ... RACIST REMARKS ASIDE, HE DESERVES WHAT HE GETS FROM US. -- Feb 10, 1998 The chronic Crystallex promoter continued to feel the heat following his favourite stock's crash following the June 11, 1998, court decision. Here he tries out satirizing another poster complaining about his reversal of investment fortunes. "I have had it with this!! This sucks! I'm never gonna post again!! Never I tell you NEVER!! Nihon sucks, MO (Marc Oppenheimer) sucks,Fung (chairman Robert Fung) got funged, KRY is gonna crash and burn...what a promo...this company has nothing! Now where is that pacifier of mine...?? wah, wah, wah!!!" Avalon often purported to know what was going on behind the scenes with Crystallex. On May 27, 1998, he argues with someone about whether or not Mr. Oppenheimer was hopping on an airplane after being told of the imminent ruling by the supreme court of Venezuela. "If MO left for Venz because of a possible ruling, then sir, I have to credit you with pulling this rabbit out of the hat sometime last week," he told another poster. Charting the position of company officials became something of a pastime with many posters, but it was often Avalon that gave the impression he knew exactly where they were, why they were there and where they will be in the near future. Avalon himself was silent on his sources of information, but he and his on-line friends characterized him as simply a hard worker with good contacts. With his quick mind, he was more often than not the first on the forum with the latest development. Avalon was quick to point out to the world the "correct" way to interpret whatever was going on, such as court documents, a class-action lawsuit (there were several), who was filing it, who was participating in the discussion and what their "agenda" was, and what just about everything meant. At least once, he gleefully played the intimate-with-Crystallex-officials card, boasting once that Mr. Fung had telephoned him around noon to pass on word that he was "very confident that things will work out well" for the company. (Mr. Fung is a former vice-chairman of Toronto's Gordon Capital who was constantly chatted up by the in-the-know crowd as a "billionaire." Avalon did nothing to discourage such chatter; for that matter, neither did Mr. Fung. The notion that Crystallex had a "blue chip" board was one of the central items in the company's promotion, although there was little evidence the board was useful for anything more than window dressing. Mr. Fung and former board member Robert Nihon split an $800,000 payment for their work in securing (by bidding more than anyone else in a public auction) some Rea Gold Corp. assets in October, 1998. This deal, too, was hinted at by Avalon long before it took place and of course he spent much Internet energy after the Rea Gold deal justifying the director payments and the deal itself.) At times, Avalon appeared to have magical powers, as in Super Tout, able to be in two places at the same time. On March 18, 1998, Crystallex was lambasted by a Venezuelan congressman at a Miami mining conference for running a stock promotion at his country's expense. At that time, Placer had halted construction of the huge Las Cristinas project because of the uncertainty generated by the court challenge and the hype surrounding it (not to mention low gold prices). The congressman was upset that economic development poverty-stricken Bolivar state was being held up because of Crystallex's "privateering." While Congressman Raphael Acosta was speaking to investors and journalists, and the company's shares were dropping quickly, Avalon described what was taking place in the Crystallex hotel suite. At the time, management was considering its response to the congressman's statements, and Avalon the public relations master tried to calm anxious Crystallex investors that Mr. Fung was on the phone to the Toronto Stock Exchange discussing the halt. The only trouble was, Avalon was supposedly at work in Toronto thousands of miles away. When later questioned on the forum about this miraculous reporting, Avalon said that during the time in question he was on the phone to Miami with investor-relations man Richard Marshall. During his conversation with Mr. Marshall, Avalon had simply overheard Mr. Fung on another phone to the TSE. Well, that explains everything, but skeptics still wondered whether the well-spoken Mr. Fung had leapt out of character and was shouting at an unfortunate TSE official, or the Miami hotel suite were the size of a closet. Even taking Avalon at his word, however, Mr. DeSousa was particularly unproductive that day for the trust company. The financial adviser posted to the Crystallex forum 16 times during office hours, starting at 8:30 a.m. and ending at 3:24 p.m. Many of the posts appeared to explain in some detail what was happening in Miami. Mr. Marshall must have had a relaxing time on the phone to his old pal Avalon during that time, as well. When commenting on why senior management seemed unkeen to speak with some of the journalists in Miami that expressed an interest in the story from Crystallex's point of view, in particular the Northern Miner or Platt's Metals weekly, Avalon had detailed answers to why management could not talk to skeptical reporters. The way he told it, responsibility for missing the interviews lay with the editors in question. (Mr. Oppenheimer and the publications in question never did have their interview about Mr. Acosta's charges. Instead, the company president kept out of sight and only issued several general statements denying the congressman's charges. One of these statements was picked up by Reuters and was subsequently ballyhooed by Avalon as an example of how management did not duck the press in Miami.) Stated Platts on April 20, 1998: "Efforts to interview Crystallex's executives for this article were largely futile. They dodged a Platt's editor at a recent investment conference in Miami and declined to meet with the Platt's correspondent in Vancouver." Avalon was close by to provide a version of events that management would surely have approved. "Ask Platts WHY he was not given an interview," Avalon said in a May 23, 1998, posting. "Maybe because he tried getting one in the Miami hotel room when KRY was talking to REUTERS...you remember them..they're the ones who bothered calling Venezuela and getting (fellow congressman Dr. Bernardo) Alvarez's opinion of what Acosta was saying.. According to YOU...I was THERE..remember ??? So wouldn't you therefore conclude that I KNOW what happened!!! :))))." Sounding more like a hustling Howe Street paper hanger than a financial adviser whose hobby is following his favourite company, Avalon also said on May 23, 1998: "It is about as irrelevant as quotes from your last article in which you discuss MO not wanting to talk to Northern Miner and Platts...Why don't you ask XXXXX EXACTLY what happened...also ask her if she was not given the opportunity to meet with KRY lawyers..Canadian AND Venezuelan to discuss the case but turned the opportunity down. Saaay..why doesn't she mention THAT?? Probably because IMO...she , just like you is a media whore who fabricates stories and scenarios to try to get a wider audience. Then there was the awkward matter of Eurus Resources Corp., which had amalgamated with Crystallex in 1995. A Eurus board member said that at the time of the deal, Crystallex under Mr. Oppenheimer had failed to disclose -- and certainly there were no press releases to this effect -- that the government of Venezuela had "absolutely nullified" a transaction for the so-called Carabobo properties. At the time, these properties were central to Crystallex's promotion under Mr. Oppenheimer's direction and the company had said the deal was done and the properties acquired. Raising Crystallex's value meant a better deal for Crystallex shareholders compared with Eurus shareholders. (Eurus shareholders appear to have put the matter behind them and have not sued Crystallex for fraud over the affair.) When reminded of the deal, Avalon responded as though he had been involved in the Eurus negotiations, calling the Eurus director in question a "nutbar/loser." In addition to giving the impression of close ties to the 1995 deal, Avalon has also said at other times that what happened before the Cristinas challenge was ancient history, irrelevant and not worth investigating. Then, of course, there is the need to establish one's credentials as someone who does not hype the target of his affections. "As far as me hyping KRY, I don't believe I have EVER posted a buy recommendation," he told a poster on May 26, 1998. "In fact, wasn't I one of the few voices that urged people to be careful when the price moved from 7-11 dollars as we had no official news from either company?? Yup...I am sure it was!" Being cautious was second nature to Avalon. He was always careful to underline the fact that he was just a regular guy, who bought 6,000 shares in 1997 because he believed in the company's chances before the supreme court in Venezuela. Despite being shown virtual proof in the form of translated court documents that the court was not about to issue the "fourth and final" ruling on the case, Avalon maintained and advanced the party line, much to the detriment of many investors who were in awe of his unrivalled position as forum leader. One of Avalon's main roles on the StockHouse and Raging Bull forums was providing staunch support for a dubious collection of cyber-touts, promoters and one or two who appear to occupy the outer fringes of reality. Among these were banned broker Mr. Van Santen, the editor of an English-language Web site that dealt with Venezuelan affairs named Roy Carson, a broker in Mr. Oppenheimer's home base of New Jersey who worked at one of the America's biggest securities firms (Morgan Stanley Dean Witter) and a lawyer who claimed to have the answers to just about any legal question related to the company. Some of these people had a very cozy relationship with Crystallex officials. The garrulous Mr. Carson was constantly dropping hints that he, Mr. Fung and Mr. Oppenheimer were bosom pals and spent a lot of time together in Caracas; he even made public Mr. Fung's elevation to board chairman five days before this information was released publicly. Then, of course, there was Avalon's support for Mr. Carson, whose unreliability was made clear when shown that his on-line resume came up woefully short after a reporter contacted one of his supposed full-time employers. "As far as Carson is concerned, let's be fair to the man," Avalon told the forum. "EVERYTHING he has reported thus far has been dead on." The Avalon-Carson tag team worked well for Crystallex. It did not do so well for anxious investors who were advised by Mr. Carson on June 11, 1998, wrongly, that the court was not going to rule that day. "The court has CONFIRMED that it will be issuing NO RULING today on the Las Cristinas issue," Mr. Carson reported to his E-mail subscribers shortly before noon the day the decision came down. The day earlier, the stock was hit by unconfirmed reports that a ruling from the court was imminent. Starting June 10, 1998, the stock tumbled from about $6 to about $1 in two days of hectic trading. "First of all, realize this..Carson has a documented HISTORY as a journalist prior to VHeadline news and KRY...he is not one of those people who will just disappear," Avalon said on April 18, 1998. Mr. Carson's Web site was hosted by StockHouse during the time Crystallex of the Venezuelan court promotion. In addition, Avalon appeared to be on friendly terms with StockHouse, at least before July, 1998. He boasted that he was able to have posts removed from StockHouse at his request. (The Venezuelan court promotion continued long after the court handed Crystallex it walking papers, possibly for the benefit of justifying and completing $25-million in payments from the company to Dutch Antilles-based Red Glove AVV as compensation for the "title" held through Crystallex's Venezuelan-based subsidiary, Inversora Mael. Keeping courts occupied in Venezuela with a nearly endless string of dead-end legal challenges was also handy in bolstering Crystallex's defence against several class-action suits during 1998 and 1999. The central fixtures of Crystallex's Internet promotion were not officially endorsed by the company but existed as a kind of parallel support mechanism that seemed to have the company's approval; at least, it seldom if ever tried to distance itself from what was going on in the forums. Mr. Oppenheimer spoke glowingly of Mr. Carson's fact-challenged reporting at the 1998 annual meeting, and he made other nods-and-winks comments about what was going on on-line to investors gathered in Vancouver. Indeed, as we have seen, Mr. Fung fielded calls from Avalon and the company's senior management showed up for a backslapping booze-up at a Vancouver watering hole with the cyber-touts in June, 1998. Avalon was seen at both the 1998 and 1999 annual meetings; Mr. DeSouza, however, only showed up for the 1998 one, ostensibly to meet a Stockwatch reporter, a meeting that did not take place. The tag team, led by Mr. Carson in this case, also did well in getting out the message that unnamed special interest had bribed the court into deciding against Crystallex. This was a theme that was also picked up by newsletter writer Bob Bishop, who spoke darkly of how a "suitcase full of money" can solve a lot of problems in countries such as Venezuela. Like Mr. Carson, Avalon had many problems differentiating truth from fiction -- or, at least, in keeping his story straight. "I bought in at the high end . . . $6.05-$6.40," Avalon posted in July, 1997. "I am already down and to be truly honest the only thing that has kept me in this stock are some of the very valid comments about KRY's legal position." Later, when the stock was in the 50-cent range, in August, 1998, Avalon expressed disappointment in the efforts of the blue chip board which, to veteran watchers of touts and promoters, was the signal to buy. Indeed, the stock began to recover shortly after he made those comments. Capping it off, he told The Globe he did a lot of buying of Crystallex shares at the 50-to-70-cent range and now his investment averages "just over a dollar." This means that when he was buying Crystallex -- "every penny I had," he told The Globe -- at exactly the time he was sharing with the forum his rare disappointment in the company's directors. "As I said ... I stand by each and every post that I have ever put up." (September, 2000)
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