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To: Ken Todd who wrote (7682)5/18/1998 8:44:00 PM
From: James T. Millican II  Read Replies (1) | Respond to of 8012
 
As an attorney, I am inclined to think that you were being told that a defense attorney could use something you say on the Internet to cross examine you at any Trial. For instance, someone might take your comments and say that you are not testifying truthfully because you have an axe to grind and want to see Mo or Gayle or whomever convicted. In other words, your writings might be used to attack your credibility. My guess is that he was warning you that your usefulness could be compromised by your comments on the Internet and not a threat of possible indictment.



To: Ken Todd who wrote (7682)5/18/1998 11:20:00 PM
From: Harvey Kirby  Respond to of 8012
 
Ken,,,tough questions for a layman such as myself. Not a professional person. I read James Millican's reply and what he says makes sense. As a layman I would think along these lines that if you make statements true or false on the internet via emails or Bulletin boards, yet when on the stand in a court room you make statements contrary to what you said on the internet I certainly would think an attorney would point out these differances and make your testimony pro or con questionable. Now, If I made the statement that I would like the persons envolved brought to justice because they cost me a small fortune in an investment fraud I would have an "ax" to grind with those people. But, in my case it still has to be proven that the people that have been mentioned can be proven guilty beyond a resonable doubt that they had their fingures in the pudding and were part of a plan to defraud the investor. Names have been mentioned, but so far the evidence and the ability to prove that any person purposely committed fraud thus far is in the hands (from what I understand) of the SEC, perhaps the FBI, and a handful of investors that were more on top of this scenario from the very begining. Perhaps the fact that you worked at Genisis you must know things and can prove them that the rest of us out here in cyberspace would have no way of knowing about. Some of the people involved in this could be cicumstantial, but that works the other way also. They could purposely have been committing fraud for months on end.

What the attorney meant as far as warning the witness "anything your write from now on(on the Internet) will/could/would be used to discredit you...what you know is very important". To be honest, I'm not sure other that the fact what is said in court versus the internet can certainly be twisted around by an attorney with ease to discredit the witnesses credibility. Wheather the attorney is trying to protect or intimidate the witness I would be unsure off. What counts in my opinion, is the evidence that is supposedly tucked away with the SEC, the FBI, and the other investors that were very close to this scam from the very begining up until now.

Also,,,what attorney said this and to whom would make a differance as far """intimidating or protecting him""" If this witness has concrete evidence, best he keep it off the internet until court time. At least be very careful what they post on the SI for instance. It could blow the case. Or,,,if the attorney was directing this statement to a witness knowing that witness was prone to run their month on the internet with frivolous type accusations could hinder prosecution.

Your question about what did the attorney meant I think I've pretty much answered to the best of my ability. I hope it was helpful, tried to express myself the best I could. Catch you on the rebound. Got to go to bed and get up tomorrow and go to the salt mines again.

Harvey Kirby



To: Ken Todd who wrote (7682)5/19/1998 11:33:00 AM
From: campe  Respond to of 8012
 
Ken,
My thoughts and opinions...

If in fact the attorney was warning the witness that he could be discredited, then I would question how solid the case against GIFS, MO, et al, is... I would hope that the entire case would not be hinged around one key witness. There should be enough documented evidence that the witness would be used to collaborate and authenticate.

My other question, WHO is the plaintiff and WHO is the defense? If GIFS, et al, are the defense, WHO is defending them? Do they have a lawyer? I'm assuming the plaintiff is the State of TN.

As far as the warning, I agree with James. The witness should be careful, as you have been, to state only facts and keep emotions, feelings, and opinions out of it. This is where one could get in some trouble.

Why the attorney would not clarify his questions is beyond me. If the attorney is prosecuting and assuming the witness is a prosecutor's witness, he should be happy to restate his point, if nothing else, but for the record.

Keep us posted if you can. At one point, you were going to start up an e-mail list to keep interested parties posted. Is this still an option under the current situation?



To: Ken Todd who wrote (7682)8/8/1998 10:27:00 AM
From: bmart  Read Replies (1) | Respond to of 8012
 
Mr. Todd,
--- " But, at the conclusion of this hearing, one of the attorney's involved
offered the warning, "...anything you write from now on [on the
Internet] will/could/would be used to discredit you...what you know is
very important." This statement was made to the "witness" after the
hearing and conveniently "off the record."-----

Mr. Todd,
I was hoping you may be of assistance in a matter concerning GIFS 144 shares. I've noted that you have stated that they are rather significant in the unraveling of GIFS.
Mr. Sitaras's story seems well documented and he has been quite verbal on the topic, but can you expound on Mr. Martin's 144's ? How did he obtain them? To the best of your knowledge , was Mr. Martin posting under an alias, at any time, on the GIFS thread?
Any information on this subject would be greatly appreciated.

Good Day

RB
--------------------------------------------------

207.183.153.201

MORE GIFS SELLING -- WHO is MARTIN & SITARAS

FORM 144

SEC - S BRADLEY MARTIN OF 2400 RIVERFRONT DR,
LITTLE ROCK, AR 72202, HAS FILED TO SELL 5,000 SHARES OF GENESIS
INSURANCE & FINL SVCS IN
(TICKER: GIFS) THROUGH COMPREHENSIVE CAPITAL CO
THE FILING WAS RECEIVED BY THE SEC ON DEC 30, 1996.

(GENESIS INSURANCE & FINL SVCS IN TEL: 423 266-7645)

FORM 144

SEC - LOU SITARAS OF 115 S BEACH RD,
HOBE SOUND, FL 33455, HAS FILED TO SELL 104,200 SHARES OF GENESIS
INSURANCE & FINL SVCS IN
(TICKER: GIFS) THROUGH COHIG & ASSOCIATES, INC.
THE FILING WAS RECEIVED BY THE SEC ON DEC 16, 1996.

(GENESIS INSURANCE & FINL SVCS IN TEL: 423 266-7544)