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Global Holdings, Inc.v InvestorsHub - Com Et Al Doc 1 Filed 20 Nov 14 PDF
Global Holdings, Inc.v InvestorsHub - Com Et Al Doc 1 Filed 20 Nov 14 PDF
1 Robert W. Wright
Attorney At Law
2
California Bar # 276653
3 716 Castro Street
Solana Beach, CA 92075
4
(858) 353-6591
5 [email protected]
6
7 Attorneys for Plaintiff
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
)
GLOBAL HOLDINGS, INC., a
)
Utah Corporation,
)
)
Plaintiff,
)
)
-v)
)
INVESTORSHUB.COM, a Florida )
Corporation, and DOES 1-20
)
inclusive,
)
)
Defendants.
)
)
)
23
24
25
26
///
///
7 upon knowledge with respect to its own acts, and information and belief
8 as to all other matters, as follows:
9
10
11
THE PARTIES
1. Plaintiff, Global Holdings, Inc., (Global Holdings) is a
corporation incorporated under the laws of the State of Utah,
12
13
14
15
16
17
18
19
20
21
22
COMPLAINT - 2
1 frequent publisher to the IHUB forum. The true name and capacity of
2 Doe 1 is unknown to Plaintiff. When its true name and capacity is
3 ascertained, Plaintiff will amend this Complaint by inserting its true
4 name and capacity herein. Plaintiff is informed and believes that this
5 DOE Defendant has diverse citizenship to the Plaintiff, and Plaintiff
6 will seek leave of court to allege his/her true name and citizenship when
7 ascertained.
8
4.
9 frequent publisher to the IHUB forum. The true name and capacity of
10 Doe 2 is unknown to Plaintiff. When its true name and capacity is
11 ascertained, Plaintiff will amend this Complaint by inserting its true
12 name and capacity herein. Plaintiff is informed and believes that this
13 DOE Defendant has diverse citizenship to the Plaintiff, and Plaintiff
14 will seek leave of court to allege his/her true name and citizenship when
15 ascertained.
16
5.
17 and frequent publisher to the IHUB forum. The true name and capacity
18 of Doe 3 is unknown to Plaintiff. When its true name and capacity is
19 ascertained, Plaintiff will amend this Complaint by inserting its true
20 name and capacity herein. Plaintiff is informed and believes that this
21 DOE Defendant has diverse citizenship to the Plaintiff, and Plaintiff
22 will seek leave of court to allege his/her true name and citizenship when
23 ascertained.
24
25
26
COMPLAINT - 3
6.
1391(a)(2).
9.
19
20
10.
11.
COMPLAINT - 4
12.
13.
4 working on behalf of IHUB, who have the power to edit and remove any
5 post at will.
6
14.
15.
16.
http://investorshub.advfn.com/Global-Holdings-Inc-GBHD-7431/
26
COMPLAINT - 5
17.
COUNT ONE
INTENTIONAL INTERFERENCE WITH PROSPECTIVE
ECONOMIC ADVANTAGE
18.
11 of this Complaint.
12
19.
The IHUB forum is targeted to the investment community
13 and currently boasts 506,564 members, and an average of 40,000 posts
14 daily. (Exhibit A).
15
20.
COMPLAINT - 6
22.
3 Plaintiffs stock value was damaged, and absent injunctive relief will
4 continue to be irreparably harmed by Defendants acts.
5
23.
COUNT TWO
INTENTIONAL INTERFERENCE WITH CONTRACTUAL
RELATIONS
11
12
24.
13 of this Complaint.
14
25.
26.
27.
28.
COMPLAINT - 7
9
10
11
12
13
14
15
16
17
18
19
Respectfully submitted,
November 20, 2014
20
21
22
23
24
25
26
COMPLAINT - 8
EXHIBIT "A"
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Investors Hub ("iHub", as we call it) is built to provide a forum for serious investors to gather and share market insights in a dynamic
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The Activity
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1
EXHIBIT A
Case
Case
1:09-cr-00046-SLR
3:14-cv-02780-BTM-JMA
DocumentDocument
77 Filed 12/13/11
1 Filed 11/20/14
Page 1 ofPage
7 PageID
10 of 16
#: 297
Ad 24jB
Exhibit "B"
r;l6
8 '
District of Delaware
V.
Case Number: 09-CR-46-SL. ~
MATTHEW W. BROWN
THE DEFENDANT:
_0
r '.
r)
'\
...-}
--,
Nature of Offense
Count
Ii
2/2007
18:1956(h)
2/2007
IV
18:371
2/2007
18:371
[J is
It is ordered that the defendant must notify the United States attorney for this district within 30 jays of any change of name. residence.
or mailing address until all fines, restitution. costs. and special assessments imposed bv this iudgl ae'nt are fully paid. If ordered to pa~
restitution..-the defendant must notify the court and United States attorney of material changes in eco: [omic circumstances.
.
~"SL_!
.::) L;
~
C"")
..
:::
kif: j)~~
SIgnature of JUdge.f:t!!.
------------
c..)
w
a
Lj
''''
Date
2
EXHIBIT B
Case
Case
1:09-cr-00046-SLR
3:14-cv-02780-BTM-JMA
DocumentDocument
77 Filed 12/13/11
1 Filed 11/20/14
Page 2 ofPage
7 PageID
11 of 16
#: 298
AO "'j'';SB
,udgment Page
ADDITIONAL COUNTS OF
Title & Section
18:1956(h)
Nature of Offense
_2__ of _7_ __
CONVICTIO~
Count
VIII
I
II
I
I
!
3
EXHIBIT B
Case
Case
1:09-cr-00046-SLR
3:14-cv-02780-BTM-JMA
DocumentDocument
77 Filed 12/13/11
1 Filed 11/20/14
Page 3 ofPage
7 PageID
12 of 16
#: 299
\
h024'3B
,.;;.3_ _
of
IMPRISONMENT
The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a
total term of: 48 MONTIIS
The term of 48 months shall run concurrently on Counts L IV, V and VIII. The defe ldant's conditions of
I:8l
THE COURT RECOMMENDS THAT THE DEFENDANT BE PLACED IN A FA :ILITY NEAR THE
o The defendant shall surrender to the United States Marshal for this district:
U at __________ D a.m,
o p.m.
on
I:8l
The defendant shall surrender for service of sentence at the institution designated by the Bun au of Prisons:
before 2 p.m. on
June 17.2011
--------------------
Defendant delivered on
to
0PY of this judgment.
i~
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l By
1t
,~
--
-~~
~--~~~-
--
4
EXHIBIT B
~
_--.,.. . .,~"J'~..J
_7_ _ __
Case
Case
1:09-cr-00046-SLR
3:14-cv-02780-BTM-JMA
DocumentDocument
77 Filed 12/13/11
1 Filed 11/20/14
Page 4 ofPage
7 PageID
13 of 16
#: 300
AD 245B
----
SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of 3 YEI.;:;R;.;;.S~_ _ _ _ _ _ _ _ _ _ __
The term 00 years supervised release shall run concurrently on Counts I, IV, V and VIII.
The defendant must report to the probation office in the district to which the defendant is relea ;ed within 72 hours of release from the
custody of the Bureau of Pnsons.
The defendant shall not commit another federal, state or local crime.
The defendant shall not unlawfully possess a controlled substance. The defendant shall refrain fro n any unlawful use of a controlled
substance. The defendant shall submit to one drug test within 15 days of release from imprisonme 1t and at least two periodic drug tests
thereafter, as determined by the court.
The above drug testing condition is suspended, based on the court's determination that the de fendant poses a low risk of
future substance abuse. (Check, if applicable.)
t8l
t8l
The defendant shall not possess a firearm, ammunition, destructive device. or any other dangerous Wf apon. (Check, if applicable.)
The defendant shall cooperate in the collection of DNA as directed by the probation officer. :Check, if applicable.)
U The defendant shall register with the state sex offender registration agency in the state where the defendant resides, works, or is a
student, as directed by the probation officer. (Check, if applicable.)
U The defendant shall participate in an approved program for domestic violence. (Check, if ap! Ilicable.)
If this judgment imposes a fine or restitution, it is a condition of supervised release that the d ~fendant pay in accordance with the
Schedule of Payments sheet of this judgment.
The defendant must comply with the standard conditions that have been adopted by this court a; well as with any additional conditions
on the attached page.
.
.
the defendant shall not leave the judicial district without the permission of the court or pro!: ition officer;
2)
the defendant shall report to the probation officer and shall submit a truthful and complete, Iritten report within the first five days
of each month:
3)
the defendant shall answer truthfully all inquiries by the probation officer and follow the in! tructions of the probation officer:
4)
the defendant shall support his or her dependents and meet other family responsibilities;
5)
the defel'\dant shall work regularly at a lawful occupation, unless excused by the probation ( fficer for schooling, training, or other
acceptable reasons;
6)
the defendant shall notify the probation officer at least ten days prior to any change in resid :nce or employment:
7)
the defendant shall refrain from excessive use of alcohol and shall not purchase, possess, us~, distribute, or administer any
controlled substance or any paraphernalia related to any controlled substances, except as pnscribed by a physician;
8)
the defendant shall not frequent places where controlled substances are illegally sold, used, jistributed, or administered;
9)
the defendant shall not associate with any persons enga$ed in criminal activity and shall not lssociate with any person convicted of
a felony, unless granted permission to do so by the proDation officer;
10)
the defendant shall permit a orobation officer to visit him or her at any time at home or else vhere and shall permit confiscation of
any contraband observed in plain view of the probation officer;
.
IIj
the defendant shall notify the probation officer within seventy-two hours of being arrested or q lestioned by a iaw enforcement officer:
12)
the defendant shall not enter into any agreement to act as an informer or a special allent of.. law enforcement agency without the
permission of the court; and
~
.
13)
as directed by the probation officer, the defendant shall notify third parties of risks that r lay be occasioned by the defendant's
criminal record or personal historv or characteristics and shall permit the probation officer to nake such notifications and to confirm
the defendant's compliance with such notification requirement.
5
EXHIBIT B
Case
Case
1:09-cr-00046-SLR
3:14-cv-02780-BTM-JMA
DocumentDocument
77 Filed 12/13/11
1 Filed 11/20/14
Page 5 ofPage
7 PageID
14 of 16
#: 301
AO 2J :B
6
EXHIBIT B
Case
Case
1:09-cr-00046-SLR
3:14-cv-02780-BTM-JMA
DocumentDocument
77 Filed 12/13/11
1 Filed 11/20/14
Page 6 ofPage
7 PageID
15 of 16
#: 302
AO 24, 'l
of _7_ _ _ __
TOTALS
Fine
Assessment
$ 400.00 ($100.00 per count)
Restitution
$50,000.00
S n/a
[J The defendant must make restitution (including community restitution) to the following payet s in the amount listed below.
If the defendant makes a partial payment, each payee shall receive an approximatelv proportionei payment unless specified otherwis~ in
the priority order or percentage payment column below. However, pursuant to 18 tJ .S.C, 366~ (I), all nonfederal victims must be paid
before the United States is paid,
Name of Payee
TOTALS
[J
Total Loss*
Restitution Ordered
$ -----------
Priority or Percentage
$----------------
o The court determined that the defendant does not have the ability to pay interest and it is ord. red that:
o
fine
fine
restitu tio n.
* Findings for the totai amount of losses are required under Chapters I09A, 110, 110A. and 113A
after September \3, 1994. but before April 23, 1996,
7
EXHIBIT B
Case
Case
1:09-cr-00046-SLR
3:14-cv-02780-BTM-JMA
DocumentDocument
77 Filed 12/13/11
1 Filed 11/20/14
Page 7 ofPage
7 PageID
16 of 16
#: 303
...
AO 24 g
of ....;.7_ _ __
SCHEDULE OF PAYMENTS
Having assessed the defendant's ability to pay, payment of the total criminal monetary penalties a'e due as follows:
A
I8l
0
I8l
C,
I8l
D,
or
[8j F beloW; or
[8j F tx low); or
I8l
Payrrent in equal
(e.g., V\eekiy, nunthly, quanerly) inst:al.lIrents of $
over a p;;riod of
(e.g., rronths or years), to co~
(e.g., 30 or 60 days) aft:!!' the date ofthisjudgrr.ent; or
[8j
E
F
C,
I8lD,or
The defendant sball ray $25,000.00 within 30 days of sentencing. Any l:ulance Wlich rerrnins ~d sball be plld according to
the installrrent schedule in D above. 1he defendant is encouraged to JEticipate in the inmate 1inancial resp:msibility program
during the term of impriSOnrn:mL
~~ tbe court has ~ly m:lered ~, ifthis jlXbm"ent iIrp::lres irq:riSCll1rll:rt, JDYlrellt of CI irriml ~p31alties is ~ cJur-tng
lITlprl~. All Cl1lll1nal nunetary penalties, except those pa)'lll.'mts rmde through the Federal Bureau of Prisons' lnrrme FmancIai
RespJnsibility ~ are rm:Ie to tbe clerk oftbe court
The defendant shall receive credit for all payments previously m:tde toVvard any criminal nunetar ! penalties imposed
Arro~
I8l
The defendant shall forfeit the defendant's interest in the following propeny to the United St: ttes:
Pursuant to the Preliminary Order of Forfeiture (D.I. 54), the defendant shall forfeil to the united States $4,798,138.0(.
Pa~
shall be ~lied in the following order: (1) assessrn;:n:.1, (2) restitution principa)., (3) resti :urian interest, (4) fine princip:ll,
(5) fine interest, (6) COlTIll1UIlity restitution, (7) pellalties.. and (8) coSts, incluciing cast of prosecuti )I1 and court costs.
8
EXHIBIT B