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Pastimes : Investment Chat Board Lawsuits

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To: Bear Down who wrote (8080)4/16/2005 4:58:18 PM
From: olivier asser  Read Replies (4) of 12465
 
Let's see here. This is Bear Down:

Message 21235931

sounds almost like extortion, blackmail or somethin illegal

And this is loveman:

From : Barry White <loveunlimited_69@hotmail.com>
Sent : Tuesday, March 15, 2005 7:15 PM
To : olivierlfasser@****.com
Subject : RE: Your pm

I have my reasons why I come to you now, but I would not say being an enemy is one of them.

Maybe what I know can help you, maybe it won't. I think it might.

From what I know of the suit, I believe you know enough to be dangerous, but you need a bit more accurate information to get what you want.

Speaking of what you want, is this all about jail time? Is that all you're after?


How very interesting. More of Berber and Moor's multiple personalities? Now, here is the United States Department of Justice in DC Federal Court:

usdoj.gov

VI. DEFENDANTS' LIABILITY FOR VIOLATIONS OF THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS STATUTE

A. Count Three: Violation of Title 18, United States Code, Section 1962(c)

Conducting the Affairs of the Enterprise Through a Pattern of Racketeering Activity


From at least the early 1950's and continuing up to and including the date of the filing of this complaint, in the District of Columbia and elsewhere, defendants,

PHILIP MORRIS, REYNOLDS, BROWN & WILLIAMSON,
LORILLARD, LIGGETT, AMERICAN, PHILIP MORRIS
COMPANIES, BAT PLC, BAT INVESTMENTS, COUNCIL FOR
TOBACCO RESEARCH, and TOBACCO INSTITUTE,

and others known and unknown, being persons employed by and associated with the Enterprise described in Section VI. B., below, did unlawfully, knowingly, and intentionally conduct and participate, directly and indirectly, in the conduct, management, and operation of the affairs of the aforementioned Enterprise, which was engaged in, and the activities of which affected, interstate and foreign commerce, through a pattern of racketeering activity consisting of numerous acts of racketeering in the District of Columbia and elsewhere, indictable under 18 U.S.C. §§ 1341 (mail fraud) and 1343 (wire fraud), including, but not limited to, the acts of racketeering alleged in the Appendix to this Complaint which are incorporated by reference and realleged as if fully set forth herein, in violation of 18 U. S. C. § 1962 (c).

- USA v. Philip Morris et al at pp. 66-67 (emphasis added).

And, here are my allegations against Berber, Moor, Rea and Trading Places:

From at least January, 1999 and continuing up to and including the date of the filing of this complaint, in the States of Texas and elsewhere, Defendants,

PHILIP BERBER, LESLIE MOOR,
CHRISTOPHER REA and TRADING PLACES, INC.

and others known and unknown, being persons employed by and associated with the Enterprise described in Section VI. B., below, did unlawfully, knowingly, and intentionally conduct and participate, directly and indirectly, in the conduct, management, and operation of the affairs of the aforementioned Enterprise, which was engaged in, and the activities of which affected, interstate and foreign commerce, through a pattern of racketeering activity consisting of numerous acts of racketeering in the State of Texas and elsewhere, indictable under 18 U.S.C. §§ 1341 (mail fraud) and 1343 (wire fraud), including, but not limited to, the acts of racketeering alleged in the Appendix to the RICO Case Statement, which are incorporated by reference and realleged as if fully set forth herein, in violation of 18 U. S. C. § 1962 (c).
- Asser v. Berber et al at 135 (emphasis added).

In all relevant respects, defendants acted in concert with each other in order to further their fraudulent scheme. Beginning not later than January 27, 1999, defendants, their various agents and employees, and their co-conspirators, formed an "enterprise" ("the Enterprise") as that term is defined in 18 U.S.C. § 1961(4). That Enterprise has functioned as an organized association-in-fact for nearly six years to achieve, through illegal means, the shared goals of maximizing their profits and avoiding the consequences of their actions. Each defendant has participated in the operation and management of the Enterprise, and has committed numerous acts to maintain and expand the Enterprise, acts indictable under 18 U.S.C. §§ 225, 1341, 1343, 1346 and 1963.

- Asser v. Berber et al at 4 (emphasis added).

DOJ against MO:

The Enterprise is an ongoing organization whose constituent elements function as a continuing unit in maximizing the sales of the products of all of the Cigarette Companies, misleading the public, the Congress, federal agencies, and the courts as to the health hazards of cigarettes, concealing and suppressing the truth concerning the addictive properties of nicotine and of the Cigarette Companies' control of nicotine delivery, marketing to children, and carrying out other elements of defendants' scheme. The Enterprise continues actively to disguise the nature of defendants' wrongdoing and to conceal defendants' participation in the conduct of the Enterprise in order to avoid and/or minimize their exposure to criminal and civil penalties and damages.
- See pp. 70-71.

And my complaint:

The Enterprise is an ongoing organization whose constituent elements functioned as a continuing unit in maximizing the commission revenues and commission kickback receipts derived from the fraudulent products and services provided and marketed by the Brokerage and Investment Advisory Defendants, which continues to mislead the public, the Congress, federal agencies, and the courts as to the financial hazards of high-volume securities trading, to conceal and suppress the truth concerning the true purpose, nature and value of the worthless investment advice they conspired to deliver, their joint control of the securities recommendations and have carried out other elements of Defendants' scheme. The Enterprise continues actively to disguise the nature of Defendants' wrongdoing and to conceal Defendants' participation in the conduct of the Enterprise in order to avoid and/or minimize their exposure to criminal and civil penalties and damages.
- paragraph 145.

Now, you incredible cretins, if you're going to attempt to accuse me of extortion and blackmail, then while you're at this game please level those same allegations against the United States Department of Justice and the government's attorneys.

Let's be clear right here and now, because ever since loveman wrote me the e-mail a new defense "strategy" seemed to emerge:

If Berber and Moor ever make these kinds of allegations through counsel, while there is not much more Berber and Moor have to lose considering my RICO claims, I'll immediately bring defamation and malicious prosecution claims against any and all attorneys and law firms involved.

You better believe it. My record is clear that I make no threats whatsoever; I take action. I've already successfully sued three law firms, am now suing the Virginia Attorney General for malicious prosecution, gross negligence and defamation, so you might understand that, if you elect to take this particular low road, then I will have no reservations whatsoever adding to that list. Proceed at your legal peril.
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