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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?


To: Jeffrey S. Mitchell who wrote (879)10/25/2000 5:35:01 PM
From: Q.  Read Replies (1) | Respond to of 12465
 
re. subpoenas for the identity of online posters, SI like other internet companies typically notifies its clients of the subpoena and gives them two weeks to get a court order to block the release of information.

Two weeks isn't very long to find a lawyer in a distant state and get the motion filed.

I have found that SI will give a one-week extension if it receives a request form an attorney who represents the Does. SI doesn't tell you this unless you ask.

This might be useful information for anyone who receives notice of a subpoena from SI.



To: Jeffrey S. Mitchell who wrote (879)10/26/2000 9:59:15 AM
From: StockDung  Read Replies (5) | Respond to of 12465
 
ZiaSun, Former President Anthony Tobin, and Promoter Bryant Cragun Drop Lawsuit and Agree to Pay Opposition Thousands
WEDNESDAY, OCTOBER 25, 2000 2:52 AM
- BusinessWire

SAN DIEGO, Oct 25, 2000 (BUSINESS WIRE) -- Plaintiffs in two closely watched "cyberexpose" lawsuits have agreed to drop all of their charges against a group of online message board posters and have also agreed to pay one of the defendants $60,000.

ZiaSun Technologies Inc. (OTCBB:ZSUN), a San Diego-based company, sued unrelated Internet posters George Joakimidis, Michael Morelock, Floyd Schneider and Stephen N. Worthington in mid-1999 for allegedly waging a cyberexpose campaign against them in Internet chatrooms.

ZiaSun, its former president Anthony Tobin and a ZiaSun promoter and fundraiser, Bryant Cragun, alleged that the defendants disseminated false information linking them to criminal behavior, pornography, improper financial interests, false corporate disclosures and illegal business practices.

Plaintiffs sought court injunctions against further posting by defendants. They also demanded $500,000 in lost earnings and earning capacity, reimbursement of their costs and attorneys' fees, a public apology and that defendants retract all of their postings.

Defendants contended that everything they posted about plaintiffs was absolutely true and therefore, as a matter of law, they could not be held liable. One of the defendants, George Joakimidis, cross-sued ZiaSun, Tobin and Cragun for fraud.

In a settlement agreement reached by the parties, plaintiffs dismissed all of their charges against defendants, dropped all of their demands for monetary compensation, dropped their demands that defendants apologize and retract their postings and agreed to pay George Joakimidis $60,000. Except for one news release per side, the parties agreed to make no future publications about one another.

George Joakimidis stated: "I am relieved that it is all over. It is perhaps unfortunate that the cases did not go to trial, where I would have been given the opportunity to prove that everything I posted on the various message boards was true.

"Cragun and ZiaSun, on the other hand, would have been compelled to substantiate their allegations against me. So why did I agree to an out-of-court settlement? To save time, effort and money and to put this lawsuit behind me."

Michael Morelock stated: "I was looking forward to my day in court, but this settlement was too good to pass up. I view this lawsuit as an attempt to stifle free speech that backfired."

Floyd Schneider stated: "I feel vindicated. For the same reasons that companies use the Internet as a promotional vehicle, it has also provided the individual investor with the tools to seek out the facts and to be heard."

Stephen N. Worthington stated: "This is, in no uncertain terms, a victory for free speech. If you know your facts, you should not be afraid to stand up and fight for the truth. The suit appeared to be an attempt by ZSUN to silence those who have raised questions concerning the operational and valuation issues associated with the company.

"The securities markets require full and open discussion of information, including all viewpoints. A public company should not be using its power to sue those with opinions different from the company's, since that would chill the exercise of free speech protected by the First Amendment and thwart the goals of the securities laws."

James A. Shalvoy, the defendants' lawyer, noted: "We are seeing more of these cases as the Internet's role in securities transactions increases. Honest posters have nothing to fear. The Internet may be the New Frontier, but the rule of law still applies."

For additional information, contact: James A. Shalvoy, attorney for George Joakimidis, Michael Morelock, Floyd Schneider, and Stephen N. Worthington, at 310/796-0447 or jshalvoy@earthlink.net.

CONTACT: Law Offices of James A. Shalvoy
James A. Shalvoy, 310/796-0447
jshalvoy@earthlink.net

URL: businesswire.com
Today's News On The Net - Business Wire's full file on the Internet
with Hyperlinks to your home page.
Copyright (C) 2000 Business Wire. All rights reserved.

KEYWORD: CALIFORNIA
INDUSTRY KEYWORD: INTERNET
LEGAL/LAW

xxx



To: Jeffrey S. Mitchell who wrote (879)4/3/2001 2:05:14 PM
From: Jeffrey S. Mitchell  Read Replies (1) | Respond to of 12465
 
Re: 4/1/01 - [BIFT] Reality finally sets in and longs try to make sense of it

By: mccain $$$$
Reply To: None Sunday, 1 Apr 2001 at 8:13 PM EDT
Post # of 291519


I apologize to the board for my fervent support of BIFS and SWOMI.

I have been rediculously ashamed and humiliated by my support......

When I went to Myrtle Beach, Jay LIED to me and others there about the Tech., spec's and capabilities of SWOMI!

He also LIED about the Co's they were negotiating with.

While I admit I then Found it difficult to believe All that Jay Told us,and believe me it was WAY over the TOP! I found it Much More difficult to believe he would risk going to prison by saying such things....

and it was upon that Reasoning that I felt compelled to believe all the BS Mr. Scumbag Jay told us while there.

I Hope Jay goes to Prison for ALL the Lies He spread about SWOMi etc..... and I hope Hal Campbell gets his dues for his involvement.....and anyone else involved!

I am not too proud to admit I was wrong. I was Very Wrong.

and I would have joined the basher ranks had it not been harmful to those I knew who invested in BIFT.

I contacted BIFT about my complaints when I found out the truth about Jay and his Lies to us....

They basically said they're not going to do anything about it.

So what to do? Sue them? Waste more money??????

I am disgusted by Jay Knabb and others involved in the Manipulation here.

I am also disgusted I bought it...... but like I said, I personally would Never risk going to prison and losing everything by telling people lies that I didn't even need to...... so naturally I could not imagine why Jay would.

I sincerely apologize,

and no this is NOT an April fools joke,

mccain


ragingbull.lycos.com

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By: stanby3hours $$$
Reply To: None Monday, 2 Apr 2001 at 1:13 AM EDT
Post # of 291580


The intensity McCain was hyping this stock and the lack of rules he worked within , makes his self-revelation susceptible .
And the fact that he believed every word of JKnabb makes him ....well .... I be nice and leave it blank .
I am in and thats stupid , in the same time I only had to read JKnabb post on here to figure that guy out ..... so what level that puts McCain?
When he hyped , he did it ruthlessly .... I think he trades the same way .... you all can figure out the rest .

(Voluntary Disclosure: Position- Long)

ragingbull.lycos.com

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By: Pennystk $$$$
Reply To: 290835 by stanby3hours $$$ Monday, 2 Apr 2001 at 1:24 AM EDT
Post # of 291581

Stanby: McCain did not hype! Mc Cain witnessed a product that we were all invested in and came back and posted with the excitement that he felt at the time. Just because someone believes in their investment does not make them a hypster. What good is it to have an investment that you dont believe in. McCain told us what he saw, and the fact that he put some emotion in it does not make him a hypster. He was posting honestly with the information he had. Information that he was giving us from his first hand knowlege of the product. Just remember it is not SWOMI that has changed it is the presentation that has changed.

ragingbull.lycos.com

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By: mccain $$$$
Reply To: 290835 by stanby3hours $$$ Monday, 2 Apr 2001 at 1:26 AM EDT
Post # of 291581


stanby3hours....

Gullible? yes

Stupid? perhaps..but only because I believed a LIE, had what I been told the Truth.... I would have been perhaps More than Stupid to not Bet on what I was told.... mind you by the then CEO of a Company.

naive? perhaps.....

I explained to you what I consider to be fairly sound logic as to why I believed Jay...

It is not even remotely reasonable for Anyone to say what Jay said given the Risk vs Reward ratio...

He had Very little to gain by telling a few shareholders present what He did.... He however had EVERYTHING to LOSE "IF" what he said was fabrication.... as it was....

He has since Lost his job with BIFT and it remains to be seen what other losses he may incur.

I have apologized for my support after being deceived...

Fool me once.. your Fault...

Fool me Twice... my Fault.

You are free to judge me any way you will....

Is this not reasonable?

I have no intentions of crusading here.....

God Bless,

mccain


ragingbull.lycos.com

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By: stanby3hours $$$
Reply To: None Monday, 2 Apr 2001 at 1:36 AM EDT
Post # of 291581


Penny , I am not going to argue with you if McCain was hyping or not .
Let me just say that the form he was posting made Attila the Hun look like a sissy.:))

(Voluntary Disclosure: Position- Long)

ragingbull.lycos.com

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By: stanby3hours $$$
Reply To: None Monday, 2 Apr 2001 at 2:00 AM EDT
Post # of 291582


The guy I respect is ol'Hog ; he believed (way too much , just like McCain) , he realized that there are no miracles,
and he moved on .
No crying , no revelations , no apologies .
McCain on the other hand fought like a lion and now cries like a little girl ..... he lied to me !.... he lied to me!

ragingbull.lycos.com

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By: Pennystk $$$$
Reply To: 290846 by stanby3hours $$$ Monday, 2 Apr 2001 at 2:15 AM EDT
Post # of 291583


Standby:
Sorry to disagree with you but I remember when Hogs opinion changing that he came to the board and expressed his opinion. Just two different guys with their own way of expressing themselves. I dont hear McCain crying, I hear him saying that if his opinion influenced anyone that he is sorry. Plain and simple, no crying, just a honest revelation of the facts. Quite frankly I took that post as he felt hurt and betrayed and I think that is the feeling of most of the investors right now. Some express it others dont. He lied to me and believe me I am not crying about it, I just resent the fact that he used longs to do his dirty work, but we were all willing to share the good news that Jay was giving us. He was the CEO why would we not believe him.

ragingbull.lycos.com

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By: stanby3hours $$$
Reply To: 290847 by Pennystk $$$$ Monday, 2 Apr 2001 at 2:37 AM EDT
Post # of 291584


Penny , if you really stop to think about it , even if Jay lied , how much harm this sleight of hand really do ?
Jay took advantage of the hype of McCain's , the old theory of "the only reason it is worth that much is because people think it is".
If you think SWOMI is still great , you have nothing to worry about .
After all , which is worse ....the Metricom model , with a billion debt for a company grossing a few million dollars , or a company with no revenues and an ex ceo who lied ?
Yes I am sarcastic , but we are just talkin and the truth is that it's good to see you here and good to converse with you .

ragingbull.lycos.com

=====

By: helpfuled $$$
Reply To: 290803 by mccain $$$$ Monday, 2 Apr 2001 at 2:38 AM EDT
Post # of 291584


mccain response to post # 290803 - I too was misled and agree with most of your post except one part:
"and I would have joined the basher ranks had it not been harmful to those I knew who invested in BIFT"

Do you really think that posting problems with BIFT harms investors? If so how, by keeping others from poorly investing their funds? I don't think you should ever feel that posting the truth on this or any other discussion site is wrong!

Could I ask you a question? Were J Knabb and H Campbell the only people you feel misrepresented? Were there any others? Orville Baldridge(changed name from original), is he involved? Mr. and Mrs. A Keyser did they to your knowledge do anything wrong?

Thank you for your candor! Don't feel you are hurting longs like myself by telling the truth. If nothing else comes from this maybe more money can be allocated to the Internet Enforcement Division of the SEC. That in my opinion would help!

ragingbull.lycos.com

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By: mccain $$$$
Reply To: None Tuesday, 3 Apr 2001 at 11:59 AM EDT
Post # of 104440


Janice, Yard, Salem, scion, virginia, and anyone else I may have missed....

I Apologize to All of you that I attacked in the past......

I do believe you are intelligent enough to know that 99% of it was just silly fun... and I don't really believe you were the least bit concerned by it.... as I place little importance on what I read here as well...... Mostly cheap entertainment......

but, I admit my allegiance was sorely misplaced.....

I respect that many of you show genuine integrity to call sleaze where you see it.... I consider this a lesson learned.....

I also share that spirit and just wanted to say I'm sorry if there was any negative impact on you from my error.

Now, I'm not here to cannonize you LOL....

But, I feel obligated to my Self to say this....

Peace.... and May you All Prosper....

Sincerely,

mccain(The Fool)


ragingbull.lycos.com

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By: janice456 $$$$
Reply To: 104425 by mccain $$$$ Tuesday, 3 Apr 2001 at 12:18 PM EDT
Post # of 104452


lol, thanks mccain; you didn't have to do that, and that you chose to do so was generous of you.


ragingbull.lycos.com