Here's one of the "ballistic" developments, 10/16/04 e-mail from Rea to me, which I've filed in Court, and which no defendant has contradicted:
TP would receive $5000 a month which eventually rose to $25,000 a month.
Upon arrival[] Berber continued displaying his Irish charm by keeping us waiting for almost 2 hours (I assumed the greedy bastard was hoping we would just go away, he was well aware of our purpose)...
Eventually we were ushered into Berber's office, the group consisted of Julia, Young, Jones, Moore, Berber and myself, after the initial introductions Berber took the floor and with marker in hand began to draw on his board some type of "plan" that was being formulated...to be honest I thought it was plain "showmanship" on his part and completely irrelevant to our meeting, he then asked about TP and believe it or not behaved like he did not know who we were or what we were about, so I asked to use his desktop computer to show him TP, during the demonstration of TP Berber acted like he had never seen TP which was ironic, I knew there and then that we had a very devious man on our hands. It was at this point that I decided to get this meeting over and done so I made it clear why we were there, Berber asked how much did I think they should pay and I said $10,000 a month, he asked Jones if he knew how much business was being conducted by the clients referred by TP and Jones said he was not sure and made a call to a[n]employee asking for him to bring in a printout of the trades conducted per day by those clients, a few minutes later some guy arrived with the print out, it showed that these clients accounted for 78% of [Berber and Moor's] business, after this individual left Berber immediately agreed to the $10k a month. It was at this point Young spoke up and said he and Jones had discussed the possibility about paying TP by order flow...
Prior to our departure I asked Berber et.al. about the conversations they had held with Young and what was this Young has told me about a pay out to TP in the event that [Berber and Moor] sold out, he told me that they were considering 10% and they were in discussions with Merrill Lynch but far from reaching any agreement, he did mention that there were several other suitors...I asked why would they give 10% to TP and he replied by saying it was recognition for the tremendous business [Berber and Moor] had obtained through TP's referrals...
Shortly after we returned from Austin Young called me and said he had spoken with Jones who said [Berber and Moor] would continue to pay TP under the disguise of an advertising agreement but the amounts would be based upon on order flow...several days later I received a revised advertising
agreement which was increased to $25k a month...
Young, Berber et.al. may indeed have committed those crimes...
I do believe that your complaint carries a certain amount of merit, I do believe others were only interested in cheating the daytrader...
I hope you prevail against Berber et.al. but simply because he is a rat and I have 48 million reasons to hate him...I have no reason to defend him or his bunch of crooks, why would I?
In other e-mails, Rea asked me about his "exposure"; meanwhile, he went on to call Berber and Moor, alternatively, "an echelon of filth" and "that lying scumbag and his band of lepers." This, from an alleged racketeer during RICO litigation, concerning his co-defendants and former longtime intimate "business" partners.
Rea didn't appear in Court; as I and Berber/Moor counsel did; he appeared via speaker phone. First he started off saying no one ever went to Texas; a few minutes later he said he and Julia "only went there once." That was something else, but not unlike his writings, first he sends me this e-mail telling me all about the Austin, Texas meetings, which I filed as part of the Amended Complaint; then he files a sworn affidavit claiming no one ever did any business in Texas, either via the Internet or otherwise. He contradicted his own e-mail under penalty of perjury, after I filed the e-mail. Perjury is certainly a sanctionable offense. And this is not the first time for Rea, or Berber, this has been done before, one reason why this litigation is now in year three.
I was pretty amazed Berber and Moor's lawyer would follow me out of the courthouse saying I should just "drop" this case and "no way this ever sees a trial." We'll see. |
