SI
SI
discoversearch

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor.  We ask that you disable ad blocking while on Silicon Investor in the best interests of our community.  If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.
Pastimes : Brokerage-Chat Site Securities Fraud: A Lawsuit -- Ignore unavailable to you. Want to Upgrade?


To: avawava who wrote (3007)1/18/2005 6:19:55 PM
From: olivier asser  Respond to of 3143
 
Hello All, Dave was kind enough to allow me back on SI to post in my own name; COMC has been retired.

avawava, do you have a specific accusation to make, or are you just floating this? Because if there is a specific allegation I've made that you'd like to contest, please do, clearly and precisely.

There's a very good reason why I personally verified the Amended Complaint allegations in the Court, which is rare in cases like these - they're all provably true. In fact, Rea/Merlin sent me an e-mail in October specifically implicating Berber and Moor in the kickbacks, that they planned them out of Austin, Berber conceived the detailed plan from the very beginning with the aim of artificially inflating his personal holdings, which after he left plummeted in value, as I intend to demonstrate in Court with clear proof.

As the very colorful SI poster hedgefundman has said, while they'll argue this was all "jest bidness" or "t'ain't me," we'll soon see about that.

Sanctions were warned by Judge Sparks I believe for a number of reasons, chief among them that considering my allegations, defendants' various responses, and the length of this litigation so far, it's obvious that one side or the other has been engaged in years of deceit. Judge Sparks stated to me that not telling the truth in a federal court is an extremely serious matter. Among other things, I'm alleging materially false statements, destruction of material evidence and perjury by Berber and Rea. Now, if those allegations are true, then you can see why Berber and Rea may merit sanctions; on the other hand, if not, then I merit them - as I stated in my response to their vexatious litigant motion. That motion demanded that the Court bar me from filing any further lawsuits. I had consented to that relief; during the hearing Judge Sparks nevertheless said he was not going to do that, enjoin further action, would see how the case progresses. I filed these claims in Texas to have them determined in Texas.

By the way, actually, it's not a normal law and motion device to publicly accuse a plaintiff of being a "menace to the judicial system," as Berber and Moor have characterized me. If my sworn allegations are true, then you might see that sanctions would be in order for such a statement, which would then be completely frivolous, not to mention libelous and defamatory. But then, considering that I'm accusing them of years of racketeering crimes destroying thousands of American citizens' lives, maybe they think that libeling and defaming me is at this point the least of their concerns. Still, these kinds of attacks are unusual - except for Berber and Moor.

Right now, motions are fully pleaded and an order or orders on dismissal are pending, though there's no way to predict when they'll be issued, especially considering the recent supreme court sentencing guidelines ruling.