Since others seem to be deleting the full text:
1
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
SEAFARER EXPLORATION CORP.,
Plaintiff,
CASE NO.: 14-CA-8902
DIV: B
-v-
DARRELL VOLENTINE, an individual,
Also Known as “BUCCANEER1961”
Defendant.
/
COMPLAINT
The Plaintiff, SEAFARER EXPLORATION CORP., through the undersigned attorney, hereby files this Complaint for Libel against the Defendant, DARRELL VOLENTINE, who is also known on the internet under the name of “BUCCANEER1961,” identifier or username, and other identifiers as set forth herein. The Plaintiff hereby aver the following:
JURISDICTION AND VENUE
1. This cause of action prays for an amount of damages in excess of the
jurisdictional amount of $15,000.00. Further, Plaintiff demands trial by jury.
2. The Defendant, DARRELL VOLENTINE (hereafter referred to as
“VOLENTINE” or by Internet alias of “Buccaneer1961”) is a resident of Nipomo, California with an address of 803 Via Concha Road.
3. The acts which are the subject of this Complaint, are internet postings, all of
which, on information and belief, occurred from the Defendant’s residence and transmitted into the State of Florida into Hillsborough County, Florida where Seafarer Exploration is incorporated and headquartered. As such the torts and actions complained of occurred and were
2
transmitted into, and caused damages to the Corporation within Hillsborough County, Florida.
4. The Corporate Plaintiff, SEAFARER EXPLORATION CORP. (hereafter
referred to as “SEAFARER” or “SFRX”) is a Florida Company, with its place of business located in Hillsborough County with an address of 14497 N. Dale Mabry Highway, Suite 209 North, Tampa, Florida 33618.
5. This Court has jurisdiction over the Defendant and the cause of action in this
Complaint.
THE PARTIES
.
6. SEAFARER EXPLORATION CORP. is a Florida domiciled and operating
Corporation which is publicly traded Company, with its common stock registered for trading on the Over the Counter Bulletin Board (“OTCBB”) stock exchange of the New York Stock Exchange System with the stock symbol of “SFRX.”
7. SEAFARER has been a publicly traded company since June 2008, and has
over 4,000 shareholders across Florida and the United States.
8. SEAFARER is an artifact and treasure recovery Company, with its primary sites
of operation being on the East Coast of Florida. Seafarer is regulated and permitted to conduct its activities by the State of Florida, the Army Corps of Engineers, the Department of Environmental Protection and other numerous other agencies for its diving and exploration operations. As well, as a reporting public company, SEAFARER is closely regulated by the Security and Exchange Commission, as well as the Florida Office of Financial Regulation, to name a few. SEAFARER is the first commercial salvage corporation in over twenty years to be granted not just one, but three exploration and other permits by the Florida Department of State’s Bureau of Archeological Research, and is held in very high regard professionally by such
3
authorities.
9. SEAFARER has its main operational office in Hillsborough County, Florida at all
times material.
10. VOLENTINE has been an internet blog poster who posts on internet message
boards under certain aliases including but not limited to “Buccaneer1961.”
11. On information and belief, VOLENTINE posts the internet blog and message
board posts from his residence in California, onto a nationally and internationally known and popular stock market discussion online board, known as www.Investorshub.com. Such postings are viewable, and viewed by thousands of individuals, including existing shareholders, potential shareholders, investors, industry regulators over the treasure and artifact recovery business, brokerage firms, treasure recovery novices and experts, and many of the now existing excess of over 4,000 shareholders of SEAFARER stock.
12. Postings on InvestorsHub are relied upon for information by thousands of persons
for information and tips about companies, including SEAFARER, where current stock prices, price charts, press releases, public filings with the SEC, corporate links to web sites, videos, and photos, and is relied upon in particular by SEAFARER shareholders. SEAFARER’s InvestorsHub posting site, has 212 registered posters, and is followed and accessed by thousands of others, from Florida as well as around the world.
13. VOLENTINE has posted over 3,250 posted messages to the SEAFARER
InvestorsHub message board. In addition to being a poster of messages, VOLENTINE is also one of six listed “moderators” on the SEAFARER InvestorsHub message board1. As a
1 Note, that on InvestorsHub, “Moderators” are not employees of the web site, but are volunteers who apply for such position to monitor the board, allegedly to keep certain matters off the board such as personal attacks, or other matters that are barred by the InvestorsHub terms of use. There is no screening process to become a moderator, you simply have to be a poster and apply. Such moderators have the ability to delete messages and to remove posters.
4
moderator, VOLENTINE has the ability to monitor all messages, and for the most important part to SEAFARER, he has the ability, and does on an ongoing basis, deletes posts that he does not desire to be on the Board. VOLENTINE deletes favorable posts towards the Company on a regular basis which take issue with what he says about the Company or its management. As well VOLENTINE as a moderator has abused another power he has, which is to remove posters from the site, thus disallowing them from participating at all in such postings. VOLENTINE not only has used such power numerous times, he has done so in the past months of 2014 to exclude numerous individuals who were shareholders and non-shareholders of SEAFARER. VOLENTINE has used his ability to remove posters to such board to continuously do so in a manner where he would take out any positive or truthful news from posters, so that only his negative postings and false postings would be viewed by the general public, shareholders and others. All such removals were done with complete motive to harm the Company.
FACTS APPLICABLE TO COUNTS
14. SEAFARER is a publicly traded company, with over 4,000 shareholders, many of
whom access the InvestorsHub bulletin board for postings seeking information about the Corporation. As a publicly traded company, SEAFARER must abide by the Securities Regulations including restrictions on sales of stock, restrictions on insiders and affiliates selling shares, being truthful in press releases as to activities of the Corporation, restrictions on release of information, and a high standard of corporate behavior in all matters.
15. SEAFARER’s common stock traded as high as $0.0245 per share in July 2014,
and as low as a recent t level of $.0135 per share on September 3, 2014. Such decline in price was primarily, or in part due to the postings by VOLENTINE, which are addressed herein.
16. SEAFARER has an SEC registered stock transfer agent, which is a third party
5
whose role is to issue shares to shareholders, keep all stock transaction records, screen all issuances and other stock actions for compliance with Federal, State and other market regulations and laws, and be in charge of complete tracking of the Corporations activities as to shares. The transfer agent, in some order, is really an umpire and third party neutral keeper of the books, and does not side with the Corporation for any illegal activities. As set forth below, VOLENTINE states misinformation continuously that the transfer agent (or as he refers sometimes to them as the “TA”) are the ones selling and placing shares into the market. In no way does SEAFARER’s transfer agent in any way “sell” or in any way place shares into the market for sale as he states. VOLENTINE’s statements to an untrained or uneducated person reading such posts shows either a complete ignorance of such activities, or is done in complete disregard for the truth and how the industry works.
17. SEAFARER’s common stock is the subject of message boards which are
published on web sites which include among others, www.investorshub.com, www.yahoo.finance.com, and www.hotstocked.com.
18. Investorshub.com has thousands of message boards, with individual
message boards for different publicly traded stocks, including SEAFARER which is found at www.
1
IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
SEAFARER EXPLORATION CORP.,
Plaintiff,
CASE NO.: 14-CA-8902
DIV: B
-v-
DARRELL VOLENTINE, an individual,
Also Known as “BUCCANEER1961”
Defendant.
/
COMPLAINT
The Plaintiff, SEAFARER EXPLORATION CORP., through the undersigned attorney, hereby files this Complaint for Libel against the Defendant, DARRELL VOLENTINE, who is also known on the internet under the name of “BUCCANEER1961,” identifier or username, and other identifiers as set forth herein. The Plaintiff hereby aver the following:
JURISDICTION AND VENUE
1. This cause of action prays for an amount of damages in excess of the
jurisdictional amount of $15,000.00. Further, Plaintiff demands trial by jury.
2. The Defendant, DARRELL VOLENTINE (hereafter referred to as
“VOLENTINE” or by Internet alias of “Buccaneer1961”) is a resident of Nipomo, California with an address of 803 Via Concha Road.
3. The acts which are the subject of this Complaint, are internet postings, all of
which, on information and belief, occurred from the Defendant’s residence and transmitted into the State of Florida into Hillsborough County, Florida where Seafarer Exploration is incorporated and headquartered. As such the torts and actions complained of occurred and were
2
transmitted into, and caused damages to the Corporation within Hillsborough County, Florida.
4. The Corporate Plaintiff, SEAFARER EXPLORATION CORP. (hereafter
referred to as “SEAFARER” or “SFRX”) is a Florida Company, with its place of business located in Hillsborough County with an address of 14497 N. Dale Mabry Highway, Suite 209 North, Tampa, Florida 33618.
5. This Court has jurisdiction over the Defendant and the cause of action in this
Complaint.
THE PARTIES
.
6. SEAFARER EXPLORATION CORP. is a Florida domiciled and operating
Corporation which is publicly traded Company, with its common stock registered for trading on the Over the Counter Bulletin Board (“OTCBB”) stock exchange of the New York Stock Exchange System with the stock symbol of “SFRX.”
7. SEAFARER has been a publicly traded company since June 2008, and has
over 4,000 shareholders across Florida and the United States.
8. SEAFARER is an artifact and treasure recovery Company, with its primary sites
of operation being on the East Coast of Florida. Seafarer is regulated and permitted to conduct its activities by the State of Florida, the Army Corps of Engineers, the Department of Environmental Protection and other numerous other agencies for its diving and exploration operations. As well, as a reporting public company, SEAFARER is closely regulated by the Security and Exchange Commission, as well as the Florida Office of Financial Regulation, to name a few. SEAFARER is the first commercial salvage corporation in over twenty years to be granted not just one, but three exploration and other permits by the Florida Department of State’s Bureau of Archeological Research, and is held in very high regard professionally by such
3
authorities.
9. SEAFARER has its main operational office in Hillsborough County, Florida at all
times material.
10. VOLENTINE has been an internet blog poster who posts on internet message
boards under certain aliases including but not limited to “Buccaneer1961.”
11. On information and belief, VOLENTINE posts the internet blog and message
board posts from his residence in California, onto a nationally and internationally known and popular stock market discussion online board, known as www.Investorshub.com. Such postings are viewable, and viewed by thousands of individuals, including existing shareholders, potential shareholders, investors, industry regulators over the treasure and artifact recovery business, brokerage firms, treasure recovery novices and experts, and many of the now existing excess of over 4,000 shareholders of SEAFARER stock.
12. Postings on InvestorsHub are relied upon for information by thousands of persons
for information and tips about companies, including SEAFARER, where current stock prices, price charts, press releases, public filings with the SEC, corporate links to web sites, videos, and photos, and is relied upon in particular by SEAFARER shareholders. SEAFARER’s InvestorsHub posting site, has 212 registered posters, and is followed and accessed by thousands of others, from Florida as well as around the world.
13. VOLENTINE has posted over 3,250 posted messages to the SEAFARER
InvestorsHub message board. In addition to being a poster of messages, VOLENTINE is also one of six listed “moderators” on the SEAFARER InvestorsHub message board1. As a
1 Note, that on InvestorsHub, “Moderators” are not employees of the web site, but are volunteers who apply for such position to monitor the board, allegedly to keep certain matters off the board such as personal attacks, or other matters that are barred by the InvestorsHub terms of use. There is no screening process to become a moderator, you simply have to be a poster and apply. Such moderators have the ability to delete messages and to remove posters.
4
moderator, VOLENTINE has the ability to monitor all messages, and for the most important part to SEAFARER, he has the ability, and does on an ongoing basis, deletes posts that he does not desire to be on the Board. VOLENTINE deletes favorable posts towards the Company on a regular basis which take issue with what he says about the Company or its management. As well VOLENTINE as a moderator has abused another power he has, which is to remove posters from the site, thus disallowing them from participating at all in such postings. VOLENTINE not only has used such power numerous times, he has done so in the past months of 2014 to exclude numerous individuals who were shareholders and non-shareholders of SEAFARER. VOLENTINE has used his ability to remove posters to such board to continuously do so in a manner where he would take out any positive or truthful news from posters, so that only his negative postings and false postings would be viewed by the general public, shareholders and others. All such removals were done with complete motive to harm the Company.
FACTS APPLICABLE TO COUNTS
14. SEAFARER is a publicly traded company, with over 4,000 shareholders, many of
whom access the InvestorsHub bulletin board for postings seeking information about the Corporation. As a publicly traded company, SEAFARER must abide by the Securities Regulations including restrictions on sales of stock, restrictions on insiders and affiliates selling shares, being truthful in press releases as to activities of the Corporation, restrictions on release of information, and a high standard of corporate behavior in all matters.
15. SEAFARER’s common stock traded as high as $0.0245 per share in July 2014,
and as low as a recent t level of $.0135 per share on September 3, 2014. Such decline in price was primarily, or in part due to the postings by VOLENTINE, which are addressed herein.
16. SEAFARER has an SEC registered stock transfer agent, which is a third party
5
whose role is to issue shares to shareholders, keep all stock transaction records, screen all issuances and other stock actions for compliance with Federal, State and other market regulations and laws, and be in charge of complete tracking of the Corporations activities as to shares. The transfer agent, in some order, is really an umpire and third party neutral keeper of the books, and does not side with the Corporation for any illegal activities. As set forth below, VOLENTINE states misinformation continuously that the transfer agent (or as he refers sometimes to them as the “TA”) are the ones selling and placing shares into the market. In no way does SEAFARER’s transfer agent in any way “sell” or in any way place shares into the market for sale as he states. VOLENTINE’s statements to an untrained or uneducated person reading such posts shows either a complete ignorance of such activities, or is done in complete disregard for the truth and how the industry works.
17. SEAFARER’s common stock is the subject of message boards which are
published on web sites which include among others, www.investorshub.com, www.yahoo.finance.com, and www.hotstocked.com.
18. Investorshub.com has thousands of message boards, with individual
message boards for different publicly traded stocks, including SEAFARER which is found at www.
1
