Re: 10/19/11 - [OSTK] Complaint: Altaf Nazerali vs. Mark Mitchell, Patrick Byrne, Deep Capture LLC et al
Court File No. VLC-S-S-116979
IN THE SUPREME COURT OF BRITISH COLUMBIA
BETWEEN:
ALTAF NAZERALI
PLAINTIFF
AND:
MARK MITCHELL, PATRICK BYRNE, DEEP CAPTURE LLC., HIGH PLAINS INVESTMENTS LLC., GODADDY.COM, INC., NOZONE, INC., Inc. dba STEADFAST NETWORKS, GOOGLE INC. and GOOGLE CANADA CORPORATION
DEFENDANTS
NOTICE OF CIVIL CLAIM
This action has been started by the plaintiff for the relief set out in Part 2 below.
If you intend to respond to this action, you or your lawyer must
a) file a response to civil claim in Form 2 in the above-named registry of this court within the time for response to civil claim described below, and
b) serve a copy of the filed response to civil claim on the plaintiff.
If you intend to make a counterclaim, you or your lawyer must
a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the above-named registry of this court within the time for response to civil claim described below, and
b) serve a copy of the filed response to civil claim and counterclaim on the plaintiff and on any new parties named in the counterclaim.
JUDGMENT MAY BE PRONOUNCED AGAINST YOU IF YOU FAIL to file the response to civil claim within the time for response to civil claim described below.
Time for response to civil claim
A response to civil claim must be filed and served on the plaintiff(s),
a) if you reside anywhere in Canada, within 21 days after the date on which a copy of the filed notice of civil claim was served on you,
b) if you reside in the United States of America, within 35 days alter the date on which a copy of the filed notice of civil claim was served on you,
c) if you reside elsewhere, within 49 days after the date on which a copy of the filed notice of civil claim was served on you, or
d) if the time for response to civil claim has been set by order of the court, within that time.
CLAIM OF THE PLAINTIFF
Part 1: STATEMENT OF FACTS
1. This is an action arising from defamation appearing on the internet on a website located at www.deepcapture.com, principally authored by the Defendant Mark Mitchell for which the other defendants are liable for their roles in the publication of the defamatory statements.
Parties
2. The Applicant, Altaf Nazerali is also commonly referred to as Ali or Aly Nazerali, and is a businessman residing in Vancouver, British Columbia with an address for service care of Owen Bird Law Corporation, PO Box 49130, Three Bentall Centre, 2900-595 Burrard Street, Vancouver, British Columbia, V7X 1J5.
3. Mark Mitchell is a writer and resides, to the best of the Applicant's knowledge, at 915 Sherman Avenue, Apt. 113, Evanston, Illinois, U.S.A. 60202-1736.
4. Patrick Byrne is a businessman and has an address, to the best of the plaintiffs knowledge, at 700 Bittner Road, Park City, Utah, USA.
5. High Plains Investments LLC is a company controlled by Patrick Byrne, with an otiice at 700 Bittner Road, Park City, Utah, USA.
6. Deep Capture LLC is a company with an office at 4698 N. Shady View Lane, Lehi, Utah, USA 84043 and is the registered owner of the website www.deepcapture.com. Deep Capture LLC is operated by High Plains Investments LLC. Deep Capture LLC and High Plains Investments LLC are alter egos of Patrick Byrne.
7. Godaddy.com, Inc. is a company with an office at 14455 N. Hayden Rd., Ste. 219 in Scottsdale, AZ 85260, and is the registrar ofthe domain name www.deepcapture.com.
8. NoZone, Inc. is an internet hosting company doing business under the name Steadfast Networks, with an office at 240 - 350 E. Cermak Road, Chicago, Illinois, USA, 60616.
9. Google Inc. is an internet company doing business as google.com and google.ca, with its head ofiice at 1600 Amphitheatre Parkway Mountain View, California, USA, 94043.
10. Google Canada Corporation does business as google.ca and has an address at 10 Dundas Street East, Suite 600, Toronto, Ontario MSB 2G9.
www.deepcapture.com
11. The deepcapture.com website is a frequently expanding website containing articles, often authored by the defendants Mark Mitchell or Patrick Byrne, which claim to expose wrongdoing and unsavoury individuals in the stock and financial markets. The website includes 21 "chapters" authored primarily by Mark Mitchell.
12. The Applicant is referred to in all but 5 of the 21 "chapters" published on www.deepcapture.com. The said chapters are gravely defamatory and false. Particulars of the defamatory publications are the following passages, and repetitions of the same or virtually identical statements appearing in other chapters on www.deepcapture.com (the "Defamatory Statements"):
(Chapter 3, May 2011) “The year was 1979 ...a powerful bomb exploded, turning Kott’s car into a giant fireball... Kott took some shrapnel but survived, and the first thing he did, according to some of his associates, was call his friend, Ali Nazerali. ...he wanted to know what the deal was with the car bomb. Ali Nazerali said he’d ask around…
...Nazerali called back and said the word on the street was that a hit man named Cecil Kirby planted the bomb, and Kirby worked for Canadian mob boss Vic Controni. …Nazerali offered to patch things up with the Mafia - and he did a good job of it. Commisso ordered Kirby to lay off and a couple of years later, Kott, Nazerali and the Mafia were all doing business together
... Nazerali dabbled in arms dealing, delivering weapons to war zones in Africa and to the mujadeen. ..
(Chapter 13): … Nazerali’s hedge fund partner Yasin al Qadi (Osama bin Laden’s favorite financier). ….Ali Nazerali is best known for small-time “pump and dump” scams, though he is involved in much bigger schemes - the sorts of destructive schemes that I have already described, such as bust-outs, death spiral finance, and naked short selling.
Nazerali, recall, has working relationships with the Gokal family (of BCCI fame), members of Al Qaeda’s Golden Chain, the regime in Iran, Pakistan’s ISI, the chief of Saudi intelligence, the ruler of Dubai, the royals of Abu Dhabi, La Cosa Nostra, the Russian Maia, and others in the Milken network.
At this time in 2006, Nazerali has some business with the Belzberg brothers - Sam and Hymie (who, say Canadian and U.S. authorities, have done business with Genovese Mafia capos). The Belzberg’s once employed short seller David Rocker, whose attack on Patrick Byrne inspired Patrick to embark on a crusade against market manipulators who seemed to threaten the stability of the financial system. That crusade eventually led Patrick to found DeepCapture (the website that is publishing this story), but back in 2006, the crusade is already in full-swing.
(Chapter 15) Ali Nazerali in Aruba, and an Al Qaeda Financial Weapon...
(Chapter 19, July 2011) “I have written extensively about Ali Nazerali in earlier chapters, but it seems worth repeating.. . Ali Nazerali got his start as an arms dealer to the mujahedeen. Later Nazerali was the top employee of Abbas Gokal, a Pakistani intelligence asset who now resides in Tehran, where he serves as an important financial advisor to the Iranian regime.
In the l970’s and l980’s, Nazerali and Gokal were important figures in the Bank of Credit and Commerce International (BCCI), the massive criminal enterprise that did business with everyone from La Cosa Nostra and the Russian Mafia to Columbian drug cartels.
In addition, Nazerali and his relative Naqvi, and organized crime figure Irving Kott controlled BCCI subsidiary First Commerce Securities, which manipulated the US markets from its base in the Netherlands...
Recall from earlier chapters that in 2006, Nazerali formed a fund, Star Soil, in partnership with members of the Mogilevich organization and Mufti al Abbar, who was an honorary colonel in the Libyan army, and the man in charge of manipulating the markets for Libyan dictator Muammar Qaddafi
…
(also Chapter 19) “Nazerali’s business partners have included: 1) the Mogilevich organization (instrument of Russian intelligence, used to sell enriched uranium to Al Qaeda); 2) Osama bin Laden’s favourite financier (Yasin al Qadi); 3) Mufti al Abbar, chief market manipulator for Muammar Qadaffi... 4) Abbas Gokal (Pakistani intelligence asset and key financial advisor to the Iranian regime); 5) Habib Bank (bankers to Daniel Pearl’s kidnappers and D-Company, among others.
There are more: 6) Sergei Chemezov (Russian intelligence operative and Russia’s chief arms dealer...); 7) DeCalvacante Mafia capo Phil Abramo...; (8) Boris Berezovsky (former “Godfather of the Kremlin”); 9) Roman Abramovich (current “Godfather of the Kremlin”); 10) the Abu Dhabi royal family; 11) the ruler of Dubai.
And the list goes on: 12) the head of Saudi intelligence (Nazerali partner in the stock scam Even Resources); 13) Adnan Khashoggi (Capcom); 14) the Ndrangheta Mafia organization in Italy 15) an impressive number of securities traders who are also narco-traffickers (such as Paul Combs, until Combs was whacked by Nazera’s mobster friend Egor Chernov); 16) the Mafia brokerages that cleared their trades through Adler Coleman and JB Oxford...and, for course, 17) BCCI, the greatest criminal bank of all time, controlled by future financiers of Al Qaeda.
The Defendants are liable for republication on portions of the Defamatory Statements on additional websites as the permitted or forseeable result of publishing the Defamatory Statements to the world on www.deeepcapture.com. The particulars of websites to which portions of the Defamatory Statements have been republished known at the time of this claim are zerohedgecom,twitter.com, agingbull.com and rumourmillnews.com.
(Chapter 20)... Nazerali perpetrated a stock fraud (Even Resources) with Prince Anwar bin Abdul al-Aziz al Saud, who had just been named the new head of Saudi intelligence. Nazerali was also involved (in the 19805) with Capcom, the BCCI subsidiary that was controlled by Saudi intelligence and implicated (by a U.S. Congressional committee) in the manipulation of the U.S, markets and an attempt to seize control of U.S. telecommunications companies, likely for the purpose of espionage.
13. In their natural and ordinary meaning, the Defamatory Statements meant and were understood to mean that the plaintiff is a criminal, arms dealer, drug dealer, terrorist, fraud artist, gangster, mobster, member of the mafia, dishonest, dangerous and not to be trusted.
14. The Defamatory Statements were motivated by express malice of the defendants Mitchell and Byrne, arising from the known publication of falsehoods, continued publication of falsehoods after notification of their falsity, and the treatment of the plaintiff as an “enemy” in the campaign led by Byrne and Mitchell to seek revenge on people they believe, falsely in the case of the Plaintiff, to have engaged in illegal short selling.
15. Patrick Byrne is liable as a publisher of the Defamatory Statements by virtue of having contributed to, encouraged, approved or financed the said defamatory publications.
16. Deep Capture LLC and High Plains Investments LLC are liable for the Defamatory Statements both vicariously and as co-publishers, by virtue of being the companies owning, operating, financing and controlling www.deepcapture.com, and as the alter egos of Patrick Byrne.
17. NoZone, Inc. is liable for Defamatory Statements as the website company hosting www.deepcapture.com and all of the Defamatory Statements contained on electronic files publicly accessed by NoZone, Inc. ‘s computer servers.
18. GoDaddy, Inc. is liable for the Defamatory Statements by virtue of its role in registering, maintaining, and causing all internet users seeking www.deepcature.com to be directed to the computer servers containing the Defamatory Statements.
19. Google.com, Inc, and Google Canada Corporation are subject to injunctive relief by virtue of their role in operating Google.com and Google.ca, by which users can and have searched for the plaintiffs name, and in response to such a search Google publishes to the user a list of hyperlinks to both the Defamatory Statements on www.deepcapture.com and other websites, along with defamatory portions of the said statements published by Google.com and Google.ca in response to a search of the plaintiffs name, including the following defamatory statements on October 7, 2011 and published in an ongoing manner both before and after that date:
“financial advisors to the Iranian regime - e.g. Ali Nazerali"
“Ali Nazerali in Aruba, and a Jihad Financial Weapon”
“Ali Nazerali in Aruba, and an Al Qaeda Financial Weapon”
“Ali Nazerali is a market manipulator of the first order”
20. As a result of the defamatory publications described herein, the plaintiff has suffered and continues to suffer injury to his reputation and feelings, as well as financial damages, the particulars of which will be provided prior to trial.
Part 2: RELIEF SOUGHT
21. The plaintiff therefore claims the following relief:
22. As against all defendants:
a) An interlocutory and permanent injunction preventing the defendants from continuing to defame the plaintiff or further defaming the plaintiff; and compelling the defendants to remove or disable access to the defamatory statements;
23. As against all defendants except Google Inc. and Google Canada Corporation:
a) General damages and special damages;
b) Costs;
24. As against Mark Mitchell, Patrick Byrne, Deep Capture LLC and High Plains Investments LLC:
a)Punitive and aggravated damages;
b) Special Costs;
25. Such further and other relief as this Honourable Court considers just.
Part 3: LEGAL BASIS
26. Common law of defamation:
27. Libel and Slander Act of British Columbia, RSBC 1996, c. 263
Plaintiffs address for service:
Owen Bird Law Corporation
P.O. Box 49130
Three Bentall Centre
2900-595 Burrard Street
Vancouver, BC V7X 1J5
(Attention: Daniel W. Burnett)
Fax number address for service (if any): 604-632-443
E-mail address for service (if any): dburnett@owenbird.com
Place of trial: Vancouver, BC
The address of the registry is:
Vancouver Law Courts,
800 Smithe Street,
Vancouver, BC V6Z 2E1
Date: October 19 2011
Signature of lawyer for Plaintiff
Daniel W. Burnett
Rule 7-l (1) of the Supreme Court Civil Rules states:
(1) Unless all parries of record consent or the court otherwise orders, each party of record to an action must, within 35 days after the end of the pleading period,
a) prepare a list of documents in Form 22 that lists
i) all documents that are or have been in the party’s possession or control and that could, if available, be used by any party at trial to prove or disprove a material fact, and
ii) all other documents to which the party intends to refer at trial, and
b) serve the list on all parties of record.
APPENDIX
Part 1: CONCISE SUMMARY OF NATURE OF CLAIM:
Defamation
Part 2: THIS CLAIM ARISES FROM THE FOLLOWING:
A personal injury arising out of:
[ ] a motor vehicle accident
[ ] medical malpractice
[ ] another cause
A dispute concerning:
[ ] contaminated sites
[ ] construction defects
[ ] real property (real estate)
[ ] personal property
[ ] the provision of goods or services or other general commercial matters
[ ] investment losses
[ ] the lending of money
[ ] an employment relationship
[ ] a will or other issues concerning the probate of an estate
[X] a matter not listed here
Part 3: THIS CLAIM INVOLVES:
[ ] a class action
[ ] maritime law
[ ] aboriginal law
[ ] constitutional law
[ ] conflict of laws
[x] none of the above
[ ] do not know
Part 4:
Libel and Slander Act, RSBC 1996 c. 263
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