Westergaard the fraud
Here's an email he sent in his newsletter
"Hey, everybody. Please keep this to yourself for the time being!
I'll be at the SEC tomorrow morning (Tuesday) at 10:30 a.m. to sign off on a consent decree. Paul Curran got everything I could have wanted and more. It is my decision to go in personally tomorrow morning for the signing and look these people in the eye. Here's the essential language:
Defendant John Westergaard.......... "without admitting or denying the allegations of paragraphs 1-33 of the Complaint as said allegations claim violations of Section 17(b) (JW: that's the regulatory equivalent of jaywalking) of the Securities Act of 1933 [15 U.A.C. 77q(b)] and denying said allegations to the extent that they claim any violation of Section 10(b) of the Securities Exchange Act of 19345 [15 U.S.C. 78i] and Rule 10b-5 thereunder [17 C.F.R. 240.10b-5] (that's the fraud stuff) except as to jurisdiction which he admits to, consented to the entry without further notice of this Final Judgment, this Court having jurisdiction over Defendant and the subject matter of this action, and the Court being fully advised in the premises, and there no just reason for delay."
The "more" Curran got was the language whereby I deny "said allegations to the extent that they claim any violation of Section 10(b)". That's important because whereas I am restrained from denying what I agreed to re the 17(b) jaywalking violation (Why would I do that in any event?), I am not restricted from bringing up all the dirt as to conduct of the SEC at my Internet website The SEC v. John Westergaard and the First Amendment relating to the malicious, false charges of fraud against me and their disregard of my appeal for protection under the First Amendment. I intend to activate the site shortly before or after Labor Day.
Congratulations to Federal Judge Deborah A. Batts, a Moynihan recommended appointee by the way, who immediately saw through the absurdity of this case when it was presented to her June 29th. She scheduled a hearing for tomorrow afternoon, Tuesday, at 4:30 p.m. which is what brought the signing to a head -- clearly the SEC had no appetite for going in and being effectively ridiculed a second time. Absent a deadline, the SEC would have been content to leave me twisting in the wind for months.
As for Paul Curran, he is a truly rare human being. He did not know me from Adam when this case came across his desk. He and Joe Hansen (and a Kaye Scholer litigator, Michael Lynn, and associate Brian Satz), have put considerable time (somewhere $50,000 to to $100,000 worth is my guess) and clever research into this case pro-bono.
The website The SEC v. John Westergaard and the First Amendment comprises 13 chapters as of this writing. In showing the SEC culture as crypto-fascist it will draw on several works of Hannah Arendt (The Origins of Totalitarianism and Eichmann In Jersusalem: A Report on the Banality of Evil) and others.
Stay tuned, everybody: Now it's my turn to have some fun!!! As to where I'm going with this, see attached.............John " |