Re: 1/12/04 - [Zwebner] Michael J. Zwebner vs. Does Complaint
IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MICHAEL J. ZWEBNER, )
)
the “Plaintiff” )
vs. ) CIVIL ACTION
) NO.
a JOHN DOES – Alias “Tobias95” )
and, John Does 1 -100 )
the “defendants” )
)
)
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COMPLAINT
I. PRELIMINARY STATEMENT
1. This is a complaint for:
Defamation, Intentional Infliction of Emotional Distress, Harassment, Libel, Slander, all arising out of the defendant(s) use of the Internet to post false and defamatory information about the plaintiff on a worldwide basis.
JURISDICTION AND VENUE
2) This Court has jurisdiction of this matter because the defendant has caused injury by acts or omissions in this State and has caused injury in this State by a persistent course of conduct directed at and emanating from Florida.
3) Venue is proper in this Court because the plaintiff is a dual British / Israeli subject, and is not a resident nor does he reside in the USA.
4) Venue is proper in this district because the Defendant(s) are doing business within this district and the State of Florida.
PARTIES & ENTITIES
THE PLAINTIFF
5) Plaintiff, Michael J. Zwebner is a dual citizen of Great Britain and Israel and maintains homes / residences in each country. He has considerable business interests in the United States and Canada. He has been the Chairman of Talk Visual Corporation (“TVCP”), a public company with the trading symbol “TVCP,” since September 1998 through June 2002. Plaintiff is now currently the chairman of Universal Communication Systems Inc, (UCSY) a public company with the trading symbol of “UCSY” since November 2001 through current.
THE DEFENDANT(s)
6) On information and belief, Defendant using an Alias – “Tobias 95” is an individual residing in the USA.
7) On information and belief, other Defendants John Does 1-100 are individuals residing in the USA.
8) On information and belief, defendant alias “Tobias95”, and defendants John Does 1-100, are or have been utilizing the Internet against the plaintiff by making transmissions, postings and publications to occur in or through the state of Florida.
DEFENDANT’S USE OF INTERNET CHAT LINE “RAGING BULL”
9) On information and belief, defendant alias “Tobias95” and all the defendant(s) have used the Internet to post messages on a 24 hour per day 7 days per week basis for all to read.
10) On information and belief, defendant alias “Tobias” and all the defendant(s) have utilized a number of alternate Internet Chat Lines, among them a service called Raging Bull.
Raging Bull’s REGISTRATION FOR SERVICE
11) Raging Bull is an Internet Based Chat Line, dedicated mainly to facilitate postings relating to public companies and financial information.
12) Residents of Florida can and do access Raging Bull at any and all times of the day and night.
13) In order for members of the public be able to post and read messages on Raging Bull’s message boards, the Defendant(s) who are members of the public, are required to “Register” on line, on or via a dedicated Registration Web Page so specifically designed for this purpose. Registration by members of the public is free, and at this time, no fees or charges are made for either posting and or reading the messages contained on Raging Bull.
RAGING BULL’s TERMS AND CONDITIONS OF SERVICE
11) As a procedure of Registration, the defendant(s) are required to read and agree to specific “terms and conditions” of service, and membership, as posted and made available for applicants and Registrants to read.
12) As a condition of acceptance and registration, Raging Bull requires the applicant / Registrant to sign electronically at the end of the page containing details of the specific terms and conditions, so signifying his or her total and unquestioning agreement to conform at all times to the terms and conditions as specified without change or exception.
Raging Bull’s OFFER OF ANONYMITY
13) Raging Bull offers members of the public the ability to Register on line on the Raging Bull Web Site, and further allows the applicants / registrants to select an “ALIAS” by which they may post their messages on the RB web site, at all times free of any charges.
14) However, as stated in the terms and conditions of service, Raging Bull requires the registrants to submit their “true name(s) and address(es) as well as an email address, and that the registrant undertake at all times to inform and update Raging Bull of any change(s) to his/her information, as submitted on the registration forms”.
15) Raging Bull claims that it does and will at all times maintain the confidentiality of the applicant / registrant, and only make available the registrants “ALIAS” to other members of the public.
16) Raging Bull further states that it reserves the right to divulge the true name and address of the registrant if ordered to do so by Court Subpoena or other legal demands.
THE INTERNET
17) The Internet is a global array of computer networks accessible by users all over the world. Use of the Internet as a conduit of information has exploded as more and more people have signed up as Internet users the world over. There are now many hundred’s of millions of Internet users worldwide.
18) The Internet has become a social and commercial force of immense importance, where information can be immediately posted and relayed throughout the commercial world in an instant. Throughout the Internet, there are dozens of “stock talk” bulletin boards, news groups, and chat rooms. Included among these is Raging Bull. Individuals have posted hundreds of thousands of messages to these bulletin boards. These posts can be accessed and are read by people around the globe 24 hours a day 7 days a week.
INTERNET POSTERS
19) Internet Posters are individuals acting either alone or collectively, posting and publishing messages on the “Raging Bull” and other Internet Web Sites.
20) People who “post” and or make publications on these bulletin boards are not required to disclose their real identities. Raging Bull as a specific term and condition of registration, so states that the poster must conform to the stated terms and conditions, included in which are stipulations and conditions of posting. Posters are advised and warned to ensure that their postings and publications at all times conform to the stated terms and conditions of membership of Raging Bull.
21) Posters may thus hide behind a shield of anonymity believing they can fabricate lies, print and publish false information, create and publish false innuendoes, and further post false and libelous messages and intimidate third parties with little or no risk of repercussions.
The DEFAMATORY AND SLANDEROUS POSTS
22) On or about December 20, 2002, defendant alias Tobias95 and certain other Internet Posters began publishing false and libelous information on the Internet on the so-called “message boards” facilitated by Raging Bull, Inc. (“Raging Bull”). Specifically these posts appeared on the UCSY and TVCP chat lines.
23) Upon information and belief, material submitted by users of Raging Bull’s message boards is transmitted via the Internet and thereafter further transmitted on request/ demand to any of millions of computers around the world.
24) Upon information and belief, Raging Bull has more than 425,000 registered members who rely on the Raging Bull site for information used in making decisions to buy and sell stock, including, among others, stock in TVCP and UCSY.
UPON INFORMATION AND BELIEF, RAGING BULL IS READ DAILY BY MANY MILLIONS OF READERS WHO HAVE ACCESS TO THE INTERNET ALL OVER THE WORLD.
25) At the outset, numerous registered members and posters published information in the section of the Raging Bull message boards specifically dedicated to TVCP and UCSY (the “TVCP /UCSY Board”). Almost all of the posters did not publish under their own true names. Under these aliases there has been published, to date, approximately 170,000 postings on Raging Bull TVCP site, and about 25,000 on the Raging Bull UCSY site.
26) Since December 2002 defendant Tobias95, and certain other posters were posting libelous and false information about the plaintiff on Raging Bull. Between December 2002 and current, despite continuing objections by the plaintiff, these posters continued their un-abating onslaught of vicious and malicious postings. At all times these postings were published by Raging Bull on their Internet Web Site, easily accessed around the world at all times of the day and night.
27) It is estimated that more than 500 million people around the world have access to the Internet and thus to this information.
THE DEFENDANTS’ USE OF THE INTERNET TO DEFAME AND INJURE PLAINTIFF ZWEBNER
28) The Internet is a global array of computer networks accessible all over the world. Use of the Internet as a conduit of information has exploded as more and more people have signed up as Internet users.
29) There are now many millions of Internet users worldwide. The Internet has become a social and commercial force of immense importance, where information can be immediately posted and relayed throughout the commercial world.
30) Throughout the Internet, there are dozens of “stock talk” bulletin boards, news groups, and chat rooms. Included among these is Raging Bull. Individuals have posted hundreds of thousands of messages to these bulletin boards. People around the globe read these posts.
31) People who post on bulletin boards are not required to disclose their real identities or whether the information they are disseminating is accurate. They may thus hide behind a shield of anonymity believing they can fabricate and intimidate with little or no risk of repercussions.
32) The defendant alias “Tobias95”, and each of the posters, using aliases, IN A DELIBERATE AND CONSPIRITOL ATTEMPT TO AVOID DETECTION, acting either alone or in concert with each other, in an effort to injure plaintiff Zwebner have posted false and defamatory information about Zwebner on the Internet, including in particular and in the main, the Raging Bull message boards.
33) The defendant alias “Tobias95” and the other posters either knew the statements they posted on the Internet regarding Zwebner to be false or otherwise made them with reckless disregard as to the truth of the information and with the intent to harm Zwebner and his reputation, and to cause him mental and emotional distress.
34) As explained further below, Zwebner has repeatedly notified posters through the Internet and otherwise that the information they are disseminating is false. Defendant alias “Tobias95” and other posters nevertheless persisted in smearing Zwebners’ name and reputation, for their own purposes, through the publication of malicious falsehoods and innuendo on the Raging Bull boards, and over the Internet.
35) Because of the actionable, defamatory content of many of the postings, the plaintiff has been forced to file legal actions against the posters.
THE FALSE AND LIBELOUS STATEMENTS
36) During the period from December 2002 through present, defendant alias “Tobias95”, and the other defendants acting either alone or in conspiracy with each other, posted and posted repeatedly, many thousands of postings and publications, at all times effecting continuous unabated publishing of falsehoods, lies, innuendoes, including many statements that are libelous, and constitute a defamation of character. Copies of some of these postings are attached to this complaint as Exhibit “A”.
There now follows reprinted herewith, a sampling of such postings.
37) On April 13th 2003, the defendant alias “Tobias 95” did so publish the following statement, on Raging Bull TVCP site, post number 169327 knowing at all times the statement to be false.
QUOTE
OT: Zwebner/SYRIAN TERRORIST will not like his end result.
END QUOTE
38) On April 13 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 169312 knowing at all times the statement to be false.
QUOTE
Israel has abandoned ZWEBNER, A LIAR and THEIF. ALI BOBBA type, thats "mike" SYRIA IS NEXT, and mikwe is worried because he stabbed his own country in the back for the money
END QUOTE
39) On April 13th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 169311 knowing at all times the statement to be false.
QUOTE
Zwebner and SADDAM are F"""""""
We know you sleezy f**KS are doing what you did!
So when we KILL YOU, who will you blame?
END QUOTE
40) On March 4th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 168929 knowing at all times the statement to be false.
QUOTE
OT: OK, M Z COOKED THE BOOKS! EOM
END QUOTE
41) On March 4th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 168919 knowing at all times the statement to be false.
QUOTE
OT: fi, Zwebner was FIRED as well as his cronies. That is an improvement! Make sure M Z knows that!
END QUOTE
42) On May 10th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 169673 knowing at all times the statement to be false.
QUOTE
OT: I predict the FBI, SEC, and Homeland Security will nail him and his associates to the WALL
END QUOTE
43) On May 14th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 169741 knowing at all times the statement to be false.
QUOTE
OT: Hi Mike, posting from another country to elude your indictment is an interesting twist. I wonder what a $50,000,000 class action against RB will have to do with the posts. btw, RB will have a bad day when they mess with my isp, becuase i will turn it over, and I hope your country of hiding is next. You can post, talk, and you can hide, but you will not get away squeeky butt. I think you are talban osama muslim, let me see how rb is going to deal with it
END QUOTE
44) On May 20th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 169803 knowing at all times the statement to be false.
QUOTE
OT: So Zwebner is the SCAMM ARTIST! This is what you want too hear! He belongs to a group associated with Batliner. They like the returns on profit they receive from arms sales on the BLACK MARKET! Could, and probably are, crimes committed against Israeli civilians! Batliner and Zwebner are something you better dig very deep for if you want the truth! PS: MIKE, you know I know!
END QUOTE
45) On June 10th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 169937 knowing at all times the statement to be false.
QUOTE
OT: Vancouver boys, (addressing the Zwebner’s) you should check your passports before, the next time you attempt to cross the border with false and counterfeit documents! :-)
END QUOTE
46) On June 22nd 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 169987 knowing at all times the statement to be false.
QUOTE
OT: SCAM, look into the SEC filing's, it was a laundering operation, across borders. Operations from israel, not kosher and violating peoples rights speaks for it's for itself, 2601 Bayshore drive is Adorno & Zeder, same address as others that are supporting this non-recoverable scam.
END QUOTE
47) On April 30th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull UCSY site, post number 12566 knowing at all times the statement to be false.
QUOTE
OT: This is the scenario: Z was probably involved in a Trade/Arms deal with Saddam Hussein. The country of IRAQ was disolved as a result of the WAR that has been consumated. The money involved between the ARMS DEALERS has not been paid because the deal was based on the successful repulse of the collition forces end result.
Now, currently, the not knowing negotiators (GUESS WHO) of the agreement, had no idea that the WAR result would be what it currently is, so therfore they agreed on a settlement with the IRAQI GOVERNMENT that would have compensated them for their efforts to supply same with the requested aresenals! Problem is, IRAQ was overthrown in 3 weeks, the previous GOVERNMENT does not exist, so along with the FRENCH, GERMANS, RUSSIANS, among others, the BILL'S will not get paid by the parties that the contracts were made with, because those people do not currently EXIST!
Is this too hard for you to figure out?
END QUOTE
48) On April 13th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull UCSY site, post number 11260 knowing at all times the statement to be false.
QUOTE
OT: Zwebner is a terrorist. Watch FOX NEWS for updates
END QUOTE
49) On April 12th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull TVCP site, post number 11210 knowing at all times the statement to be false.
QUOTE
OT: Zwenbner/Terrorist sales for the $$$$ is the motive. eom
END QUOTE
50) On April 11th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull UCSY site, post number 11114 knowing at all times the statement to be false.
QUOTE
OT: Knowing Zwebner, he HELPED SADDAM get technical equipement through Russia, France, and Germany via Syria to Iraq for the "money'. Sounds like "mike". anything goes for a buck.
END QUOTE
51) On April 12th 2003, the defendant alias “Tobias95” did so publish the following statement, on Raging Bull UCSY site, post number 169289 knowing at all times the statement to be false.
QUOTE
OT: bob? I think you are posting from some asylum at this time? ZWEBNER IS AN ENEMY TO THE FREE WORLD BECAUSE HE SEELS WEAPONS OF MASS DESTRUCTION FOR THE $$$ AGAINST ISRAEL
END QUOTE
52) In December 2002, defendant alias “Tobias 95” did so publish the following statement, on Raging Bull UCSY site, knowing at all times the statement to be false.
QUOTE
“Zwebner is a Felon”
END QUOTE
REPETITION OF FALSE AND LIBELOUS STATEMENTS
53) As a result of the non stop and un-abating actions of the defendant alias “Tobias95” and the other John Doe defendants, plaintiff has been severely damaged. His reputation has been damaged, and he has had to field many phone calls from friends and associates and business acquaintances and has had to deny the statement and explain his way out. The Defendant alias “Tobias95” is directly responsible for this outrageous action.
54) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause severe pain and humiliation to the plaintiff.
55) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause unending harassment to the plaintiff
56) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause the ongoing and continuing libel and slander be enacted against the plaintiff
57) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to severely damage the reputation of the plaintiff.
58) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause severe pain and humiliation to family of the plaintiff
59) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause severe pain and humiliation to the plaintiff’s business associates.
60) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause severe embarrassment to the plaintiff’s business associates.
61) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to allow a mockery to be made of the plaintiff.
62) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to allow a mockery to be made of the plaintiff’s family.
63) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to allow a mockery to be made of the plaintiff’s business associates.
64) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause severe embarrassment to the plaintiff’s personal standing in the community.
65) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner, so as to cause severe embarrassment, pain and humiliation to the plaintiff’s business standing in the financial community.
66) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner so as to cause severe pain and humiliation to the plaintiff .
67) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner so as to cause severe pain and humiliation to the plaintiff’s family.
68) Defendant alias “Tobias95” and other John Doe defendants did so act in a deliberate and malicious manner so as to cause severe pain and humiliation to the plaintiff business associates.
VI. PLAINTIFFS’ ONGOING PAIN, HUMILIATION, HARRASSMENT SUFFERING AND EMOTIONAL DISTRESS
69) The cumulative effect of the actions of the defendant alias “Tobias95” the dissemination of these false and misleading representations regarding plaintiff Zwebner has resulted in direct harm to him, his reputation, and his business relationships, contracts and dealings.
70) The actions of defendant alias “Tobias95” has precipitated the loss of time and attention to Zwebner’s business responsibilities and occasioned unnecessary legal fees and expenses. In addition it has created an environment of loss of faith by investors and shareholders of plaintiff’s companies, resulting in the sale by some of the shareholders of their holdings, and a resultant drop in the share value of the companies.
71) It is the belief of the plaintiff that defendant alias “Tobias95” and the other John Doe defendants, through their dissemination of false and misleading statements about Zwebner have improperly made significant profits, all of which should be disgorged.
72) The defendant alias “Tobias95” and the other John Doe defendants, have through their malicious dissemination of false and misleading statements about Zwebner, have caused Zwebner to incur significant direct consequential damages including attorneys fees, consultant fees and expenses, lost employment time and other such damages.
73) The defendant alias “Tobias95” and the other John Doe defendants, have through their dissemination of false and misleading statements about Zwebner, have harmed Zwebner’s reputation and his relationships and dealings.
74) The defendant alias “Tobias95” and the other John Doe defendants, have through their malicious dissemination of false and misleading statements about the Zwebners, have caused the Zwebners pain, anguish, and emotional distress.
75) The defendant alias “Tobias95” and the other John Doe defendants, have posted outrageous conduct directed at Zwebner that was malicious, willful, wanton, and reckless, entitling the Zwebners to an award of enhanced compensatory damages and double to triple damages and attorneys fees and costs pursuant to NH RSA 358-A:10,
COUNT I – DEFAMATION
76) Paragraphs 1 through xx are incorporated as if fully set forth herein. The defendants published the malicious, false and defamatory statements described above on the Internet, intending that they reach as wide an audience of securities purchasers and sellers, securities professionals and other information seekers as possible, both in the United States and internationally.
77) The defendant alias “Tobias95” and the other John Doe defendants, have posted malicious, false and defamatory statements described above that constitute libel per se as they are words tending to injure a person in his trade or business, many of which directly or indirectly charge Mr. Zwebner with criminal conduct.
78) The defendant alias “Tobias95” and the other John Doe defendants, have deliberately published the malicious, false and defamatory statements described above concerning Zwebner causing him to suffer damages in an amount to be proved at trial.
79) The defendant alias “Tobias95” and the other John Doe defendants, have published the malicious, false and defamatory statements described above with knowledge that the statements were false, or with reckless disregard as to whether they were false, causing plaintiff to suffer damages in an amount to be proved at trial.
COUNT II - UNFAIR TRADE PRACTICES
80) Paragraphs 1 through 79 are incorporated as if fully set forth herein.
81) The defendant alias “Tobias95” and the other John Doe defendants, have knowingly engaged in unfair and/or deceptive acts and/or practices by disseminating the malicious, false, misleading and defamatory information regarding Zwebner.
82) The defendant alias “Tobias95” and the other John Doe defendants, have engaged in unfair and/or deceptive acts and/or practices by disseminating the false, misleading and defamatory information regarding Zwebner.
83) The defendant alias “Tobias95” and the other John Doe defendants, have engaged in unfair and/or deceptive acts and/or practices include, but are not limited to, disparaging Zwebner in his business by making malicious, false or misleading representations of fact in violation of Florida General Law
84) The defendant alias “Tobias95” and the other John Doe defendants, have engaged in malicious, unfair and/or deceptive acts and/or practices have caused plaintiff to suffer damages in an amount to be proved at trial.
COUNT III – INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
85) Paragraphs 1 through 84 are incorporated as if fully set forth herein.
86) The defendant alias “Tobias95” and the other John Doe defendants, have through their dissemination of malicious, false and misleading statements about Zwebner engaged in extreme and outrageous conduct.
87) The defendant alias “Tobias95” and the other John Doe defendants, have enacted through dissemination of malicious, false and misleading statements about plaintiff, which was intentional or, at a minimum, reckless.
88) The defendant alias Tobias95 and the other John Doe defendants, have through their dissemination of malicious, false and misleading statements about Zwebner, have inflicted severe emotional distress upon Mr. Zwebner.
WHEREFORE, plaintiffs Michael J. Zwebner request that this Court grant the following relief:
(a) Judgment in favor of the plaintiff in the amount of not less than $18 million.
(b) Judgment in favor of the plaintiff for compensatory damages, together with interest thereon, at legal rate, plus additional and consequential damages;
(c) Judgment in favor of the plaintiff for double or treble damages pursuant to Florida General Law.
(d) Judgment for costs incurred herein, including attorneys’ fees pursuant to Florida General Law or to the extent otherwise allowed by law; and
(e) Such other and legal equitable relief as this Court may deem just and proper.
(f) INJUNCTIONS ON ALL THE DEFENDANTS RESTRAINING THEM FROM PUBLISHING OR POSTING ANY MORE SUCH DEFAMATORY STATEMENTS AGAINST THE PLAINTIFF.
PLAINTIFFS DEMAND A TRIAL BY JURY AS TO ALL CLAIMS SO TRIABLE.
Respectfully submitted,
MICHAEL J. ZWEBNER
_______________________
Dated: _____________________
Address;
Suite 6K,
407 Lincoln Road
Miami Beach FL 33139
Tel 305 672 6344
Reformatted from: ragingbull.lycos.com |
