XXXIV.
Silicon Investors, upon information and belief, is a corporation established and existing under the laws of the State of Delaware, and at all times relevant hereto operates a service via an Internet Website which publishes to the public, information pertaining to the advisability of purchasing investment securities of specific companies, information pertaining to the financial condition of specific companies, and information, inter alia, pertaining to the quality of the products those companies offer. The consistent manner of presentation by Silicon Investor, however is in the form of an orchestrated purpose and effect of "stock bashing".
XXXV.
Raging Bull, upon information and belief, is a corporation established and existing under the laws of the State of Delaware, and at all times relevant hereto operates a service via an Internet Website which publishes to the public, information pertaining to the advisability of purchasing investment securities of specific companies, information pertaining to the financial condition of specific companies, and information pertaining to the quality of the products those companies offer. The consistent manner of presentation by Raging Bull, however is in the form of an orchestrated purpose and effect of "stock bashing".
XXXVI.
Those Defendants, sued under a fictitious name, because the true identities and capacities of these Defendants are unknown to the Plaintiff. Upon information and belief, the Defendants are responsible in some manner for the occurrences alleged herein, and the Plaintiff?s damages as alleged herein were proximately caused by the conduct of Defendants. Those allegations contained herein are incorporated by reference herein. At all times material hereto, upon information and belief, Defendants were the agents, servants, employees, representatives, and/or co-conspirators of the co-Defendants, and acted within the course and scope of his/her/its authority as agents, servants, employees, representatives, and/or co-conspirators with the permission, consent and/or approval of the co-Defendants.
THE CYBERSMEAR CAMPAIGN
XXXVII.
Plaintiff restates, realleges, and incorporates by reference the allegations contained in paragraphs I to XXXVI inclusive, as specifically set forth herein and made a part hereof.
XXXVIII.
Beginning on or about August 20, 1998 and continuing through to the present, Defendants SHELL, MITCHELL, DUMONT, PAULY, DEMONTE, John Doe #1 AKA 'CarlW' and John Does 7-114, intentionally and maliciously published to unprivileged third parties, and republished to unprivileged third parties, a variety of false and defamatory statements concerning Plaintiff AMAZON.
XXXIX.
The aforesaid libelous publications were part of an international CYBERSMEAR campaign on electronic bulletin boards maintained by Raging Bull and Silicon Investor on the Internet. These defamatory statements explicitly state and/or have the general impact, effect, and meaning that AMAZON was engaging in illegitimate, illegal, dishonest, fraudulent, and criminal business operations, when, in truth and fact, the Defendants knew, should have known, and/or had reckless disregard for the truth or falsity thereof, that such statements were false and libelous per se.
XL.
Such defamatory publications include statements that are libelous per se, such as the claim that AMAZON NATURAL TREASURES committed fraud on the BusinessWire News Service. Defendants Janice Shell & Jeffrey Mitchell were sued by BusinessWire for fraud. Contained in a motion in response to the BusinessWire complaint they claimed Amazon committed fraud on the BusinessWire News Service and posted such, knowingly and recklessly, on the Internet. See Exhibit 3.
XLI.
Jeffrey Mitchell and Dean Dumont stated, as if it were fact, that Amazon's 'Nature's Taste' sugar alternative was poisonous and posted such, knowingly and recklessly, on the Internet. Dean Dumont, Jeffrey Mitchell and Janice Shell claimed that there are no retailers for Amazon Natural Treasure's product line and that the retailers they contacted, from information procured from the company web page, "never heard" of Amazon Natural Treasures, Inc. and posted such, knowingly and recklessly, on the Internet.
XLII.
Dean Dumont falsely claimed on the Internet, knowingly and recklessly, that Amazon a fully reporting company (reports to the SEC), had to file 15c2-11 with the NASD in order to "trade" despite the fact that the Company continues to trade. Dean Dumont falsely claimed on the Internet, knowingly and recklessly, that any stock delivered to Amazon Natural Treasures will not be returned and Amazon may "harass" and "threaten stockholders with legal action" if the stock is requested to be returned to the stockholder.
XLIII.
Dean Dumont claimed that Amazon Natural Treasure's 'Nature's Taste' could not receive self-determined GRAS status via notification nor without "FDA trials" and posted as much, knowingly and recklessly on the internet. "GRAS" on the label of a non-sugar sweetener, is a confirmation that the product is "Generally Recognized As Safe" by the U.S. Food and Drug Administration (FDA),
XLIV.
Cynthia Demonte spoke with stock holders of Amazon Natural Treasures, Inc. stating such things as Amazon Natural Treasures, Inc. has no products and the company is just a big scam. She suggested to the Amazon Natural Treasures, Inc. stockholders that they sell their stock and buy stock in ICHG, knowingly and recklessly" in concert with Dean Dumont on the Silicon Investor ICHG thread.
XLV.
Such statements by Defendants, each and all of them, were not merely expressions of the authors' opinions, but rather were expressed as statements of fact.
XLVI.
Indeed, Janice Shell and Dean Dumont dared Amazon Natural Treasures to sue them, both claiming that they looked forward to the "discovery" phase of the trial.
XLVII.
Silicon Investor aided and abetted the cybersmear campaign against Amazon by censoring and terminating memberships of Amazon shareholders or others countering the malicious claims of SHELL, MITCHELL, DUMONT and PAULY and ignoring, either knowingly or recklessly, violations of their stated policy regarding posting on their service by those participating in the cybersmear campaign against Amazon. In doing so, Silicon Investor allowed postings on the internet that were either knowingly or recklessly malicious, defamatory, libelous and orchestrated for the benefit of those who engaged in unlawful "short selling" of Amazon?s stock.
XLVIII.
RAGING BULL, either knowingly or recklessly, allowed and collaborated with the cybersmear campaign against Amazon on their message board service. In doing so, RAGING BULL was willing to allow postings on the internet that they knew, and/or had reckless disregard of the fact that they were malicious, defamatory, libelous and orchestrated for the benefit of those who engaged in unlawful "short selling" of Amazon?s stock.
XLIX.
Collectively, the Defendants published to unprivileged third parties, and republished to unprivileged third parties, thousands of postings. Many of these postings on the Internet are false and defamatory. These defamatory postings are designed to injure Amazon in numerous ways, including the following:
discredit the business methods of Amazon,
destroy the business reputation and goodwill of Amazon,
negatively affect public confidence in Amazon,
deter third persons, including businesses, customers, shareholders, and others, from dealing with Amazon,
unlawfully drive the price of Amazon common stock into a downward spiral, in order to enable the Defendants and those acting in concert with or under the direction of one or more of them, to illegally profit by selling Amazon common stock short.
drive Amazon stock down to a "terminal short" and destroy Amazon?s ability to operate on the stock market, and
drive Amazon out of business.
L.
Upon information and belief, some or all of the Defendants are being paid by adverse persons who engage in unlawful "short selling" of stock. Defendants are paid by said adverse persons, in cash or securities, to post false and defamatory messages on the internet about Amazon, and receive bonuses for driving down the price of the Company's common stock.
LI.
Janice Shell also stated that, though she received a 'cease and desist' letter from Amazon Natural Treasures, as did Dean Dumont, to cease and desist from the cybersmear campaign against Amazon Natural Treasures on the Silicon Investor and Raging Bull bulletin boards, Shell posted on the Raging Bull bulletin boards that Amazon Natural Treasures cannot prove receipt of the letter and a judge would "laugh it out of court".
LII.
Upon information and belief, the Defendants operate their "cybersmear" campaign systematically and aggressively until a desired target price is reached at which time they aggressively target another company in the very same manner.
LIII.
Defendant 'CarlW', John Doe #1, "guaranteed" on the internet, knowingly and recklessly that "...consumer groups will have all Natures Taste impounded and a full scale investigation launched ..."
LIV.
Examples of Shell's False and Defamatory Statements
See Exhibit 1, 2 and 4.
LV.
The false and defamatory statements published to unprivileged third parties and republished to unprivileged third parties by SHELL ("SHELL's False and Defamatory Statements") regarding Amazon, published or republished on electronic bulletin boards maintained by Raging Bull and/or Silicon Investor on the Internet explicitly state and/or have the general import, effect, and meaning that Amazon was engaging in illegitimate, illegal, dishonest, fraudulent, and criminal business operations, and were made by SHELL when, in truth and fact, SHELL knew, should have known, and/or had a reckless disregard for the truth or falsity thereof, that such statements were false and libelous per se. Examples of SHELL's False and Defamatory Statements is attached hereto and incorporated herein by reference as Composite Exhibit 5 ? see also Exhibits 1 and 2, as if fully set forth herein. SHELL's False and defamatory statements are of a continuing nature and may have been and continue to be published on bulletin boards and other media of which Amazon Natural Treasures is not yet aware.
LVI.
Jeffrey Mitchell's False and Defamatory Statements
See Exhibit 6, also see Exhibits 1 and 2.
LVII.
The false and defamatory statements published to unprivileged third parties and republished to unprivileged third parties by Jeffrey Mitchell ("MITCHELL's False and Defamatory Statements") concerning Amazon on electronic bulletin boards maintained by Silicon Investor on the Internet explicitly state and/or have the general import, effect, and meaning that Amazon was engaging in illegitimate, illegal, dishonest, fraudulent and criminal business operations, and were made by Jeffrey Mitchell when, in truth and fact, MITCHELL knew, should have known, and/or had reckless disregard for the truth or falsity thereof, that such statements were false and libelous per se. Examples of MITCHELL's False and Defamatory Statements is attached hereto and incorporated herein by reference as Exhibit 7, see also Exhibits 1 and 2, as if fully set forth herein.
LVIII.
MITCHELL's False and defamatory statements are of a
continuing nature and may have been and continue to be published on bulletin boards and other media of which Amazon is not yet aware.
LIX.
Dumont's False and Defamatory Statements
See Exhibits 1, 2 and 8.
LX.
The false and defamatory statements published to unprivileged third parties and republished to unprivileged third parties by Dean Dumont ("Dumont's False and Defamatory Statements"), concerning Amazon on electronic bulletin boards, maintained by Raging Bull and Silicon Investor on the Internet explicitly state and/or have the general import, effect, and meaning that Amazon Natural Treasures was engaging in illegitimate, illegal, dishonest, fraudulent and criminal business operations, and were made by Dean Dumont when, in truth and fact, DUMONT knew, should have known, and/or had reckless disregard for the truth or falsity thereof, that such statements were false and libelous per se. Examples of DUMONT's False and Defamatory Statements is attached hereto and incorporated herein by reference as Exhibit 8, see also Exhibits 1 and 2, as if fully set forth herein. DUMONT's False and defamatory statements are of a continuing nature and may have been and continue to be published on bulletin boards and other media of which Amazon is not yet aware.
LXI.
'CarlW's' False and Defamatory Statements
The false and defamatory statements published to unprivileged third parties and republished to unprivileged third parties by John Doe #1 AKA CarlW("CarlW's" False and Defamatory Statements") concerning Amazon on electronic bulletin boards maintained by Raging Bull on the Internet explicitly state and/or have the general impact, effect, and meaning that Amazon Natural Treasures was engaging in illegitimate, illegal, dishonest, fraudulent and criminal business operations, and were made by CarlW when, in truth and fact, CarlW knew, should have known, and/or had reckless disregard for the truth or falsity thereof, that such statements were false and libelous per se. For example, CarlW's False and Defamatory Statements are attached hereto and incorporated herein by reference as Exhibit 9, see also Exhibits 1 and 2, as if fully set forth herein. CarlW's False and Defamatory Statements include the following: CarlW posts on Raging Bull that the main ingredient in Amazon Natural Treasures, Inc. product Nature's Taste was found to be that of cattle poison.
<http://www.ragingbull.com/mboard/boards.cgi?board=AZNT&read=13200>,
"If AZNT really does have the guts to declare Natures Taste to be GRAS then "bashers" will be the least of your worries. You can bet your bottom dollar that everyone from billion dollar companies to consumer organizations will be all over AZNT looking for the scientific proof NT doesn't cause cancer, etc."
"The kinds of tests they are looking for cost lots of money which AZNT doesn't have. These kinds of tests require scientists which AZNT doesn't have. But most of all, these kinds of tests require a unique product which really is generally recognized as safe from a company that is generally recognized as legitimate. AZNT strikes out on all counts. If you want to see how a "real" company tries to get GRAS approval for a sugar substitute, you should check out the history of Tagatose." tagatose.dk "I stand by my prediction that if AZNT declares Natures Taste as GRAS it will result in their immediate downfall regardless of what any of us here on Raging Bull say or do. "
ragingbull.com
"There are many people who claim that after years of testing and FDA approval that aspartame is not safe. Same thing for Olestra the fat substitute. What do you think these same people will say about a product like Natures Taste that has NO history of independent laboratory testing nor any FDA approval? I guarantee that if AZNT starts to market Natures Taste as GRAS that consumer groups will have all Natures Taste impounded and a full scale investigation launched before the "bashers" even notice."
CarlW?s false and defamatory statements are of a continuing nature and may have been and continue to be published on bulletin boards and other media which Amazon is not yet aware.
LXII.
Pauly's False and Defamatory Statements
The false and defamatory statements published to unprivileged third parties and republished to unprivileged third parties by D Tod Pauly("PAULY's False and Defamatory Statements") concerning Amazon on electronic bulletin boards maintained by Raging Bull and Silicon Investor on the Internet explicitly state and/or have the general import, effect, and meaning that Amazon Natural Treasures was engaging in illegitimate, illegal, dishonest, fraudulent and criminal business operations, and were made by D Tod Pauly when, in truth and fact, PAULY knew, should have known, and/or had reckless disregard for the truth or falsity thereof, that such statements were false and libelous per se. PAULY'S False and defamatory statements are of a continuing nature and may have been and continue to be published on bulletin boards and other media of which Amazon is not yet aware. See Exhibit 10, see also Exhibits 1 and 2.
LXIII.
Demonte's False and Defamatory Statements
The false and defamatory statements published to unprivileged third parties and republished to unprivileged third parties by Cynthia Demonte("DEMONTE's False and Defamatory Statements") concerning Amazon either telephonic and/or on electronic bulletin boards maintained by Silicon Investor on the Internet explicitly state and/or have the general import, effect, and meaning that Amazon was engaging in illegitimate, illegal, dishonest, fraudulent and criminal business operations, and were made by Cynthia Demonte when, in truth and fact, DEMONTE knew, should have known, and/or had reckless disregard for the truth or falsity thereof, that such statements were false and libelous per se.
LXIV.
These defamatory and libelous statements were made and published by Defendants, all of them as aforesaid, with forethought, malice, and intend to inflict harm upon Plaintiff Amazon. Defendants, each and all of them, so acted in concert with each and all of them, and/or aided and abetted the aforesaid conspiracy. Defendants, each and all of them, crafted their defamatory and libelous statements with intent to induce the reliance there on by numerous unprivileged third party internet users, and others, to the harm and degradation of Amazon, its officers, employees, business contacts, business reputation, financial reputation, credit reputation, product reputation, advertising credibility, and market share. Furthermore, the malicious and unlawful acts of Defendants, each and all of them, has caused immediate and irreparable harm to Amazon. The malicious and unlawful acts of Defendants, each and all of them, as described herein, was intended by Defendants to cause and has proximately caused destruction of business against Plaintiff Amazon. As a result, Amazon has suffered the loss of business profits, in an amount which exceeds $75,000.00. Furthermore, as a result, Amazon has also suffered the loss of the value of its common stock, in an amount which exceeds $75,000.00. In addition, as a result, Amazon has suffered other monetary harm in an amount which exceeds $75,000.00.
LXV.
Some of Defendants sought to conceal their true identities, for the purpose of engaging in the aforesaid malicious and unlawful acts. Defendants continue to camaflouge and conceal their true identities by publishing their defamatory statements against Amazon, under fictitious names, aliases, and pseudonyms and those defendants once identified will be named herein.
LXVI.
CAUSES OF ACTION
FIRST CAUSE OF ACTION
Defamation and Libel
Plaintiff restates, re-alleges, and incorporates by reference the allegations contained in paragraphs I through LXV inclusive, as specifically set forth and made a part hereof.
LXVII.
That Defendants, each and all of them, made defamatory statements against Plaintiff Amazon. Defendants, each and all of them, published these defamatory statements to unprivileged third parties and the Internet users who have public access to the websites of Silicon Investor and Raging Bull.
LXVIII.
That Defendants, each and all of them, published these defamatory statements against Amazon by means of publicly accessed electronic media, including the Internet. Therefore, the aforementioned false and defamatory statements are libelous.
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