CLAIMS 1)Factual Application: Defendant Signature
Post# of 11035
1)Factual Application: Defendant Signature (and the other Defendants) caused the Depository Trust Clearing Corporation (“DTCC”) to wrongfully debit over $4 million from COR Clearing’s account in connection with Defendants’ fraudulent dividend distribution scheme. Accordingly, COR Clearing seeks a declaration that Defendants are not entitled to the over $4 million that were taken from its account.
2) Factual Application: COR Clearing, standing in the shoes of its customers – Nobilis Consulting LLC (“Nobilis”) and Beaufort Capital Partners (“Beaufort”) – provided a benefit to Defendants in the form of shares of Calissio stock sold and over $4 million debited by DTCC. Because no dividend was owed for the shares sold by COR Clearing on behalf of Nobilis and Beaufort, it would be inequitable and unjust for Defendants, including Signature, to retain the over $4 million wrongfully debited from COR Clearing’s account.
3)Factual Application: Defendant Signature acted as an instrumentality used by the other Defendants to carry out their fraudulent dividend scheme. Signature should have known that not all Calissio shares were entitled to dividends, but it kept this silent from purchasers and shareholders, and it made no effort to alert DTCC of this dividend issue, allowing the other Defendants to perpetrate the fraud without alerting their victims. As a result, COR Clearing was damaged in the form of over $4 million in funds wrongfully debited from its account.
DEFENSES
1) Factual Application: Plaintiff COR Clearing LLC (COR) relied upon information supplied by Calissio and Adam Carter not Signature Stock Transfer, Inc., COR failed to check with FINRA or D.T.C. before acting. COR acknowledges in its pleading that D.T.C. was at fault.
2) Factual Application: COR cannot establish any duty or breach owed by Signature Stock Transfer, Inc. (SST); SST simply records entries as directed by companies. COR’s own failure of due diligence was a cause of its loss.
3) Factual Application: COR represents two companies who claim equity interests in Calissio Resources Group, Inc. (Calissio) without evidence of payment for such equity. COR has no basis to claim any interest in dividends. COR companies may have participated in the scheme it complains of.
4) Factual Application: COR has failed to serve defendants Adam Carter, Calissio, Depository Trust Clearing Corporation and lawyers who directed SST to register certain stock owners.
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I invested in Calissio Resources Group because I considered the financial statements warranted an investment. For every reader here that has been paying attention to my posts, please note the following:
1) I am not licensed to give investment advice. Everything expressed here is an opinion of my own for discussion purposes.
2) The only thing I know about the upcoming merger is that typically they are good for investors. A premium is typically offered when companies go private from what I understand. I certainly was and still am an investor before this announcement was made.
3) Finally, regarding the current OS, while there is lots of conjecture, I must rely on the only available information out there which has been presented in PRs. Therefore, OS as of the last PR was 242m. Consequently, I don't believe there is reason to believe I am a majority holder, despite recent purchases, without making a large degree of assumptions.
If anyone is wondering why I am posting this, it is because I want to make sure no one misinterprets my posts or considers I have any intent on the board other than to share potential ideas/speculate on possibilities.