Private Investor Responds to "Potential" Class Act
Post# of 553
Private Investor Responds to "Potential" Class Action Complaint Drafted on Behalf of Xumanii President, Alexandre Frigon
Private citizen, George Sharp, responds to the draft of the proposed class action complaint, being distributed to potential plaintiffs who allegedly incurred losses as a result of Mr. Sharp's announcement of his litigation against current Pump & Dump subject, Xumanii (OTCQB:XUII), for the dissemination of spam emails and his admonitions to the general public regarding tremendous losses to those participating in Awesome Penny Stocks promotions. The draft complaint is being distributed by law firm, LKP Global Law, LLP.
According to Mr. Sharp, LKP attempted previous litigation against him on behalf of another its clients, Forex International Trading Corp. That litigation was immediately abandoned after Mr. Sharp filed a Motion to Strike the Complaint under California Civil Code of Procedure § 426.15, commonly known as the anti-SLAPP (Strategic Lawsuit Against Public Participation) statute, designed to protect the First Amendment rights of those seeking litigation privilege. "SLAPP" suits are commonly used to attempt to get righteous litigants like Mr. Sharp to abandon their right to free speech and their litigation. Those found in violation of the anti-SLAPP statute are required to pay the attorney's fees of the defendant, as was the case of LKP's client Forex International. Mr. Sharp strongly feels that the proposed case, if actually filed, will end up in a similar result, "This is obviously just another attempt by some nefarious characters to try and get me to be quiet," he stated.
In the past, LKP Global Law has also represented Eco-Trade Corporation, an issuer recently suspended by FINRA during a suspected Pump & Dump, and since relegated to trading on the little-followed Grey Sheets. Mr. Sharp commented, "It appears that LKP Global Law is in the habit of providing aid and comfort to penny stock companies with dubious characteristics."
Within the draft complaint, LKP Global Law refers to a number of Mr. Sharp's past and current litigations, not one of which has ever proved to be without merit. In the ongoing case of Sharp v Arena Pharmaceuticals (US Southern District of California Case 3:10-cv-2111-BTM), Mr. Sharp's case was one of a dozen filed against the company for the same allegations of fraud. In Sharp v Aniko Kaye (Los Angeles County Division of California Superior Court Case No. BC381214), the case was settled in his favor in the amount of $1.6 million. As a result of Mr. Sharp's efforts, Ms. Kaye was later denied a bankruptcy discharge (US Bankruptcy Court Central District of California Case No. 2:09-bk-38287-BR) for committing what the court determined was "massive fraud and deception." All of the other cases referenced by LKP Global Law are either ongoing, or were litigated, or settled in Mr. Sharp's favor.
Mr. Sharp further stated, "I am proud of the hundreds of emails I've received from past victims of Awesome Penny Stock frauds, thanking me for my efforts to put an end to all of this, and for seeking my counsel. I must remind all that I am not qualified to be giving legal advice and strongly recommend that victims seek the advice of an attorney, as I cannot add Plaintiffs to my case. This is NOT a class action lawsuit."
Named as defendants in the litigation (San Diego County Division of California Superior Court Case No. 37-2013-00048310-CU-MC-CTL) for violations of California Business and Professions Codes 17529.5 (Anti-Spam) are: Degroupa Tenner Morales Media Corp. and Centro Azteca S.A., the current and former publishers of the Awesome Penny Stocks series of newsletters; and, Victory Mark Corp Ltd., the publisher of newsletters Select Penny Stocks, Preferred Penny Stocks and Penny Stock Heroes; as well as the subjects of several of their promotions, including: VuMee, Inc. (OTCQB:VUME); Amwest Imaging, Inc. (OTCQB:AMWI); Goff Corporation (OTCQB:GOFF) (OTCQB:GOFFE); Swingplane Ventures, Inc. (OTCQB:SWVI); World Moto, Inc. (OTCQB:FARE); Taglikeme Corp (OTCQB:TAGG); and, Pharmagen, Inc (OTCQBHRX).
Mr. Sharp, reminds those considering an investment in Xumanii, that every single Awesome Penny Stock Ponzi-scheme style promotion, has left a trail of those whom have lost almost their entire investment, totaling hundreds of millions of dollars in losses.
Investors should remember that it is never a good idea to invest in stocks advertised in any manner, including email tout sheets, conventional mail brochures, and newspaper/magazine ads, nor is it wise to rely on the advice posted on the internet message boards which are controlled by shills for the promoters. These deceiving promotional campaigns always invoke ridiculous and outright fabricated projections, such as those in the case of Xumanii, which suggest that Google, Inc., Hulu, LLC., and NetFlix, Inc. could be involved in a bidding war for the company or that a Barclays Bank fund could be buying up shares. Having contacted these companies, Mr. Sharp reports that all deny having ever heard of Xumanii and are dismayed at the invoking of their brands to promote the stock.
Mr. Sharp holds no interest in any of the stocks mentioned and has never participated, directly or indirectly, in the shorting of any stock.
Updates to this litigation may be viewed by following Mr. Sharp's tweets at www.twitter.com/goniffs and his website at www.AwesomePennyScams.com.
CONTACT: George Sharp
george@clippercp.com