Who said I didn't post the WHOLE letter from Cliff? What are they wanting to see, Kyle's email address or something?
Why is there not a lawsuit filed by the company and/or shareholders as Cliff said there would be?
Huffman "axed" me to join the party last summer, and I'm still waiting, but SFRX hasn't made a move they just made more legal threats.
I wonder what Judge Stephens would think of Huffman's email to me? How 'bout Hunt's?
Is there anything I can do to assist in the investigation?
How 'bout that class action?
From Cliff Hunt, ESQUIRE, on behalf of this POS company and its LYING POS CEO, Kyle Kennedy.
Please note: I do NOT know why the winking happy face icons appear when I copy/paste the WHOLE letter. Maybe Kyle was just kidding and it's subliminal or something. Regardless, I think it's time you all made a move, right? At least that's what the WHOLE letter suggest.
This law firm represents Seafarer Exploration Corp. (the "Company" or "Seafarer"
and its Chief Executive Officer, Mr. Kyle Kennedy ("Kennedy" and is contacting you regarding various Internet posts you have made about the Company and Mr. Kennedy. We have reviewed several of your posts and believe that you have engaged in defamation toward the Company and Mr. Kennedy, for which they are entitled to substantial damages. The salient facts supporting our conclusions are set forth below. Pursuant to this letter, the Company and Mr. Kennedy demand that you immediately cease and desist from publishing any further false, misleading and/or libelous and defamatory information about them.
In several of your posts under the identifier "SmallCapsMarket" you accuse the Company and Mr. Kennedy of engaging in a "pump and dump scheme." For your convenience and to provide evidence to you of your conduct, I attach copies of certain of your posts. Attached as Exhibit "A" is your post from Friday, February 12, 2016 wherein you state that "it's obvious that a pump and dump scheme was well underway." Attached as Exhibit "B" is your post from Monday, February 15, 2016 wherein you state "It appears that SFRX and it's (sic) lenders are .... setting the stage for Dumpfest 2016." Attached as Exhibit "C" is your post from March 6, 2016 wherein you assert matters as a basis for your statement that "some could dump shares on the marks," with the obvious innuendo that the Company and Mr. Kennedy are complicit in some type of illicit conduct.
Throughout your posts, there is a continuing theme of various untrue statements of facts, which when considered as a whole, are clearly designed to create the impression that the Company and Mr. Kennedy are engaged in wrongful or unlawful conduct. For example, one of your posts quotes text from a Form 1 0-K issued by another company over 1 0 years ago and
suggests that Mr. Kennedy owes the company over $30,000. It is obvious that you intended for any potential reader to conclude that Mr. Kennedy owes Seafarer over $30,000. Similarly, your post on March 3, 2016 falsely asserts that the Company "issues floorless convertible notes to its lenders .... " See, Exhibit "D." Also, you continuously refer to Mr. Kennedy as a "Koward" (sic) in your posts because he will not respond to the nonsensical gibberish and false statements that you publish on a public internet stock message board. Please be advised that Mr. Kennedy does not read or monitor the nonsense you publish; however, certain shareholders do read your defamatory posts and bring such matters to his attention. Mr. Kennedy is a responsible officer and director. He is well aware of his responsibilities as an officer and director of a public company, including the prohibition from disseminating non-public information, such as responding to nonsensical, unfounded allegations on a stock message board. Unfortunately, you are creating the impression for an uninformed reader that Mr. Kennedy has an obligation to respond to your bashing posts or that his failure to do so constitutes some type of wrongdoing or unlawful conduct on his part and the part of the Company.
As you may be aware, a "pump and dump scheme" constitutes not only a civil but a potential criminal violation of Section 1 O(b) of the Securities Exchange Act of 1934 (the "Exchange Act" and Securities and Exchange Commission ("SEC" Rule 1 Ob-5. Your suggestion that Mr. Kennedy owes the Company over $30,000 suggests there may have been a violation of the Sarbanes-Oxley Act of 2002 which prohibits loans to officers and directors of public companies. As someone who purports to have expertise in the realm of public companies, you are aware that whenever an officer, director or "affiliate" of a public company sells common stock issued by such company, a Form 4 must be filed with the SEC disclosing such sale. The public filings of Company demonstrate that neither Mr. Kennedy nor any member of his family has filed any Form 4. As such, they have not engaged in any sales that would require any such filings. Your allegation that the Company and Mr. Kennedy are engaged in a "pump and dump scheme" is at best, reckless and more probable, intentionally malicious. It is remarkable that anyone would make such an allegation in writing in a public forum and leave such a trail of culpable evidence of their unlawful conduct.
The elements to prove a cause of action for defamation in Florida are: (1) the defendant published a false statement; (2) about the plaintiff; (3) to a third party; and (4) that the falsity of the statement caused injury to the plaintiff. Bass v. Rivera, 826 So.2d 534 (Fla. 2d DCA 2002). A false communication is actionable per se, without a showing of special damage, if it imputes to another a criminal offense amounting to a felony. Where a communication is actionable per se, damages are presumed and there is no need for the victim of the defamatory statement to plead or prove actual malice. Id. 526 So. 2d at 535. Your allegations regarding a "pump and dump" scheme accuse the Company and Mr. Kennedy of a federal felony for violation of federal securities laws. Accordingly, your conduct constitutes a cause of action for defamation per se for which you are liable for damages.
Florida courts also recognize a separate and distinct tort and cause of action for defamation by implication. See, Jews For Jesus, Inc. v. Rapp, 997 So.2d 1098 (Fla. 2008), reh 'g denied. As noted above, your propensity to bash the Company and Mr. Kennedy through false statements and statements regarding conduct that does not constitute violations of any law, are defamatory because they are prejudicial to the Company and to Mr. Kennedy in the eyes of Company shareholders. Accordingly, your conduct also provides Mr. Kennedy and the Company with a cause of action for defamation by implication.
We have not discounted the possibility that your motivation for defaming the Company and Mr. Kennedy includes nefarious intent for financial gain. We are currently investigating whether the price of the Company's common stock has been affected by your defamatory posts on the Investors' Hub website. As you may be aware, SEC Rule lOb-5 provides that: "It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,
(a) To employ any device, scheme, or artifice to defraud,
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course ofbusiness which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security." 17 C.R.R. 240.10b-5.
Conduct designed to manipulate the market for the stock of any publicly traded company
is deemed a scheme or artifice to defraud and constitutes a violation of Exchange Act, Section lO(b) and SEC Rule 10b-5. In the event that you do not immediately terminate your campaign of defamation against the Company and Mr. Kennedy, they intend to file a lawsuit against you and seek damages, including punitive damages. In the context of such litigation, my clients will serve discovery upon you to obtain your securities account trading records to determine whether you are trading the Company's stock in connection with your unlawful tortious conduct. As you are aware, the Company has sued one of your acquaintances for libel and has obtained injunctive relief for the same type of conduct in which you are presently engaged. Several other shareholders of the Company have expressed an interest in suing you for your unlawful conduct. However, they are presently waiting to see whether you will respond favorably to this demand that you terminate your defamatory campaign against the Company and Mr. Kennedy.
In reading this letter you may be thinking that because you are posting on the Internet, perhaps Florida law does not apply to you. Rest assured that Florida courts have considered tortious conduct like yours toward the citizens of this state occurring via the Internet. In Internet Solutions Corporation v. Marshall, 39 So.3d 1201 (Fla. 2010), the Supreme Court of Florida determined that an out-of-state Internet blogger was subject to the jurisdiction of Florida courts pursuant to our long-arm jurisdiction statute, Fla. Stat. § 48.193(1)(b) (2016).
As stated above, the Company and Mr. Kennedy hereby demand that you immediately terminate, cease and desist all libelous and defamatory conduct toward them. If there is one more false, misleading, libelous and/or defamatory post about them on any message board or in any medium whatsoever, they intend to file a lawsuit against you and all persons or entities acting in concert or participation with you and to pursue every remedy available to them under applicable law. To the extent that you are being bankrolled by any third party person or entity for the trolling/unlawful conduct in which you are engaging on the Investors' Hub website or any other site, we will discover such third party's identity and they will become a defendant in a lawsuit for harming a Florida company and citizen. To the extent that you choose to disregard the cease and desist demand in this letter, please advise whether the address above is an address where we can serve the summons and complaint (lawsuit) on you or whether there is an attorney who will accept service for you.
Thank you for your kind attention to this matter.
Sincerely,
LAW OFFICE OF CLIFFORD J. HUNT, P.A.
Why is there not a lawsuit filed by the company and/or shareholders as Cliff said there would be?
Huffman "axed" me to join the party last summer, and I'm still waiting, but SFRX hasn't made a move they just made more legal threats.
I wonder what Judge Stephens would think of Huffman's email to me? How 'bout Hunt's?
Is there anything I can do to assist in the investigation?
How 'bout that class action?
From Cliff Hunt, ESQUIRE, on behalf of this POS company and its LYING POS CEO, Kyle Kennedy.
Please note: I do NOT know why the winking happy face icons appear when I copy/paste the WHOLE letter. Maybe Kyle was just kidding and it's subliminal or something. Regardless, I think it's time you all made a move, right? At least that's what the WHOLE letter suggest.
This law firm represents Seafarer Exploration Corp. (the "Company" or "Seafarer"
and its Chief Executive Officer, Mr. Kyle Kennedy ("Kennedy" and is contacting you regarding various Internet posts you have made about the Company and Mr. Kennedy. We have reviewed several of your posts and believe that you have engaged in defamation toward the Company and Mr. Kennedy, for which they are entitled to substantial damages. The salient facts supporting our conclusions are set forth below. Pursuant to this letter, the Company and Mr. Kennedy demand that you immediately cease and desist from publishing any further false, misleading and/or libelous and defamatory information about them. In several of your posts under the identifier "SmallCapsMarket" you accuse the Company and Mr. Kennedy of engaging in a "pump and dump scheme." For your convenience and to provide evidence to you of your conduct, I attach copies of certain of your posts. Attached as Exhibit "A" is your post from Friday, February 12, 2016 wherein you state that "it's obvious that a pump and dump scheme was well underway." Attached as Exhibit "B" is your post from Monday, February 15, 2016 wherein you state "It appears that SFRX and it's (sic) lenders are .... setting the stage for Dumpfest 2016." Attached as Exhibit "C" is your post from March 6, 2016 wherein you assert matters as a basis for your statement that "some could dump shares on the marks," with the obvious innuendo that the Company and Mr. Kennedy are complicit in some type of illicit conduct.
Throughout your posts, there is a continuing theme of various untrue statements of facts, which when considered as a whole, are clearly designed to create the impression that the Company and Mr. Kennedy are engaged in wrongful or unlawful conduct. For example, one of your posts quotes text from a Form 1 0-K issued by another company over 1 0 years ago and
suggests that Mr. Kennedy owes the company over $30,000. It is obvious that you intended for any potential reader to conclude that Mr. Kennedy owes Seafarer over $30,000. Similarly, your post on March 3, 2016 falsely asserts that the Company "issues floorless convertible notes to its lenders .... " See, Exhibit "D." Also, you continuously refer to Mr. Kennedy as a "Koward" (sic) in your posts because he will not respond to the nonsensical gibberish and false statements that you publish on a public internet stock message board. Please be advised that Mr. Kennedy does not read or monitor the nonsense you publish; however, certain shareholders do read your defamatory posts and bring such matters to his attention. Mr. Kennedy is a responsible officer and director. He is well aware of his responsibilities as an officer and director of a public company, including the prohibition from disseminating non-public information, such as responding to nonsensical, unfounded allegations on a stock message board. Unfortunately, you are creating the impression for an uninformed reader that Mr. Kennedy has an obligation to respond to your bashing posts or that his failure to do so constitutes some type of wrongdoing or unlawful conduct on his part and the part of the Company.
As you may be aware, a "pump and dump scheme" constitutes not only a civil but a potential criminal violation of Section 1 O(b) of the Securities Exchange Act of 1934 (the "Exchange Act"
and Securities and Exchange Commission ("SEC" Rule 1 Ob-5. Your suggestion that Mr. Kennedy owes the Company over $30,000 suggests there may have been a violation of the Sarbanes-Oxley Act of 2002 which prohibits loans to officers and directors of public companies. As someone who purports to have expertise in the realm of public companies, you are aware that whenever an officer, director or "affiliate" of a public company sells common stock issued by such company, a Form 4 must be filed with the SEC disclosing such sale. The public filings of Company demonstrate that neither Mr. Kennedy nor any member of his family has filed any Form 4. As such, they have not engaged in any sales that would require any such filings. Your allegation that the Company and Mr. Kennedy are engaged in a "pump and dump scheme" is at best, reckless and more probable, intentionally malicious. It is remarkable that anyone would make such an allegation in writing in a public forum and leave such a trail of culpable evidence of their unlawful conduct. The elements to prove a cause of action for defamation in Florida are: (1) the defendant published a false statement; (2) about the plaintiff; (3) to a third party; and (4) that the falsity of the statement caused injury to the plaintiff. Bass v. Rivera, 826 So.2d 534 (Fla. 2d DCA 2002). A false communication is actionable per se, without a showing of special damage, if it imputes to another a criminal offense amounting to a felony. Where a communication is actionable per se, damages are presumed and there is no need for the victim of the defamatory statement to plead or prove actual malice. Id. 526 So. 2d at 535. Your allegations regarding a "pump and dump" scheme accuse the Company and Mr. Kennedy of a federal felony for violation of federal securities laws. Accordingly, your conduct constitutes a cause of action for defamation per se for which you are liable for damages.
Florida courts also recognize a separate and distinct tort and cause of action for defamation by implication. See, Jews For Jesus, Inc. v. Rapp, 997 So.2d 1098 (Fla. 2008), reh 'g denied. As noted above, your propensity to bash the Company and Mr. Kennedy through false statements and statements regarding conduct that does not constitute violations of any law, are defamatory because they are prejudicial to the Company and to Mr. Kennedy in the eyes of Company shareholders. Accordingly, your conduct also provides Mr. Kennedy and the Company with a cause of action for defamation by implication.
We have not discounted the possibility that your motivation for defaming the Company and Mr. Kennedy includes nefarious intent for financial gain. We are currently investigating whether the price of the Company's common stock has been affected by your defamatory posts on the Investors' Hub website. As you may be aware, SEC Rule lOb-5 provides that: "It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,
(a) To employ any device, scheme, or artifice to defraud,
(b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course ofbusiness which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security." 17 C.R.R. 240.10b-5.
Conduct designed to manipulate the market for the stock of any publicly traded company
is deemed a scheme or artifice to defraud and constitutes a violation of Exchange Act, Section lO(b) and SEC Rule 10b-5. In the event that you do not immediately terminate your campaign of defamation against the Company and Mr. Kennedy, they intend to file a lawsuit against you and seek damages, including punitive damages. In the context of such litigation, my clients will serve discovery upon you to obtain your securities account trading records to determine whether you are trading the Company's stock in connection with your unlawful tortious conduct. As you are aware, the Company has sued one of your acquaintances for libel and has obtained injunctive relief for the same type of conduct in which you are presently engaged. Several other shareholders of the Company have expressed an interest in suing you for your unlawful conduct. However, they are presently waiting to see whether you will respond favorably to this demand that you terminate your defamatory campaign against the Company and Mr. Kennedy.
In reading this letter you may be thinking that because you are posting on the Internet, perhaps Florida law does not apply to you. Rest assured that Florida courts have considered tortious conduct like yours toward the citizens of this state occurring via the Internet. In Internet Solutions Corporation v. Marshall, 39 So.3d 1201 (Fla. 2010), the Supreme Court of Florida determined that an out-of-state Internet blogger was subject to the jurisdiction of Florida courts pursuant to our long-arm jurisdiction statute, Fla. Stat. § 48.193(1)(b) (2016).
As stated above, the Company and Mr. Kennedy hereby demand that you immediately terminate, cease and desist all libelous and defamatory conduct toward them. If there is one more false, misleading, libelous and/or defamatory post about them on any message board or in any medium whatsoever, they intend to file a lawsuit against you and all persons or entities acting in concert or participation with you and to pursue every remedy available to them under applicable law. To the extent that you are being bankrolled by any third party person or entity for the trolling/unlawful conduct in which you are engaging on the Investors' Hub website or any other site, we will discover such third party's identity and they will become a defendant in a lawsuit for harming a Florida company and citizen. To the extent that you choose to disregard the cease and desist demand in this letter, please advise whether the address above is an address where we can serve the summons and complaint (lawsuit) on you or whether there is an attorney who will accept service for you.
Thank you for your kind attention to this matter.
Sincerely,
LAW OFFICE OF CLIFFORD J. HUNT, P.A.
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