To: M0NEYMADE who wrote (87 ) 4/19/2007 12:42:17 PM From: M0NEYMADE Respond to of 209 Petition - Part 2 (Again OCR scanned so the typos) 25. As e direct and/or proximate result of said violations, and in reliance of Bancorp thereon, Bancorp has been damaged in an amount in excess of $10,000.00. WHEREFORE, Bancorp prays for judgment against the Defendants, and each of them, jointly and severally, in an amounr in excess of $10,000.00, plus attorney's fees a"d costs. and for such other relief as may bejust and proper. COUNT FIVE Securities Act Of 1933 9 12(2) (1 933 Act Federal SecuritiesPraud Claim) 26. Bancorp adopts and reallegesall the allegations contained in paragraphs 1 through 25 above. 1 The facts described hereinabove were not disclosed by any of the Defendants to Bancorp. Such fiicls were necessary in order to make Ihe statenienta made by such persons and enlities, in the lighl of the circumelanctx under which they were made, not misleading. 2 The mnterial representations set forth hereinabove were untrue as stated hereinabove. 3 The representations and omissions alleged herein were made for the purpose of inducing brokerage firms lo take possession of and sell into thc open market the False Certificates of Defendants. and each of them, all to the detriment of Bmcorp. Defendants, and each of lhem, knew, or but for their reckless indifference to know or reckless disregard of reasonably discoverable facts wol~ldhave known, the representations were unlruc and that such material omissionsof fact had occurred. 4 The rnisreprescntaiions and omissior~salleged herein constitute the use of a manipulative and deceptive device md contrivance by Defendants, and each of [hem, in connwlion with tllr sale of !he False Certificates, and further constitute the employment of a ' device, scheme or artifice to defraud, tlie making of untnre statements of material facts, and misleading statements ofmaterial facts, and were transaclions, practices and courses of business which operated as a fraud or deceit upon Bsncorp, all in canlravenlion of thc pmvisions of Section 12(2) of the 1933 Act. 3 1. As a direct andlor pmximate result of said violations by Defendants, and each of them, and in reliance of Bancorp thereon, Bancorp has becn damaged in an amount in excess of $10,000-00. WHEREFORE, Bancorp prays for judgment against Defendants, and each of them, jointly and severally, in m mount in excess of $10,000.00, plus wsts of this action, reasonabtc aliorney's fees, and for suchother relief as may bejust and proper. Dated this 9'hday of April, 2007. Respectfully submitted, VI~TOR OBA #I2069 F.A~ERT, I~~JR~z-OBA #I7669 McCASLAND-HOLBROOK, - CONNER&WINTERS. lJLP One Leadership Square, Suite !700 2) l North Robinson Oklahoma Ciiy, OK 73102-7 101 ITelephonc: (405) 272-57 l 1 Facsimile: (405) 232-2695 Attorneys fur PldtttiJ/; Bancorp Inlerr~ntionalGmrrp, Inc.