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Author Topic: GAW / Josh Garza discussion Paycoin XPY xpy.io ION ionomy. ALWAYS MAKE MONEY :)  (Read 3212034 times)
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June 16, 2016, 11:59:20 AM
 #46201

PDF of the complaint:

http://docdro.id/oAFdRD8



Very nice. Very well written and covers every single sordid step of the way in full detail. Even managed to squeeze in "don't tell Elise" in it all  Cheesy

Paints quite the picture of Uncle Stu and even neatly ropes in Cantor Fitz.. If and when this hits the media, ouch, I think he and Cantor Fitz. thought the SEC against only Homero was the end of it all and everything was well behind them all.

Things should get very interesting "soon",  things have been too quiet, selfish bastard Homero denying our entertainment with this 6 month stay.  I wonder if there is any connection between this and that?

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June 16, 2016, 12:06:08 PM
 #46202

BREAKING!!!    FROM ALLEN SHINNERS:


GAWsuit Update
Today the lawsuit has been filed
Hello Everyone.

This post is not coming directly from the law firms representing us. It is a personal informational announcement only.

Today marks the first major milestone of a long process we embarked upon over a year ago: The successful filing of a class action lawsuit by the law firms Susman and Godfrey L.L.P. and Izard Nobel L.L.P. The complaint was filed in the District Court of Connecticut today as case # 3:16-cv-00940.

If you have access to the electronic case filing system, you can find the filing here:

https://ecf.ctd.uscourts.gov/cgi-bin/DktRpt.pl?6295529302171-L_1_0-1

What will happen next?

The case has to be accepted and certified as a class action by the court. Once the case has been accepted and certified as a class action, then an initial discovery period will commence. As you all know, I have been gathering archival evidence since before March of 2015, prior to announcing that I was considering forming a lawsuit on April 17th, 2015. I will not go into details of what evidence we have, but it is quite extensive. I will add that GAW’s activities, through the various forums and websites, were probably the most and best chronicled in the Crypto Industry, through online archiving websites such as WayBackMachine, Archive.is and Bitcointalk. There are quite literally tens of thousands of “snapshots” of posts and such permanently archived.

To address some of the questions I am anticipating to be posed, I have included a basic Q&A below.

Question:  How long of a process will this be?

Answer:  There is no way to know how long this will take.

Question:  What kind of class action lawsuit is this?

Answer:  To the best of my knowledge, this will be an “opt-out” class action, should it be certified as a class action lawsuit by the court. An “opt-out” class action lawsuit allows anyone to withdraw from the “class” or group to pursue their own separate litigation against the defendant(s). If you choose to remain in the class, the final result of the litigation (win or lose), will be final and you will not be able to pursue any subsequent legal action(s) relating to the charges and or allegations listed in the class action lawsuit.

You can read about class action lawsuits (U.S. version) here:

https://www.law.duke.edu/grouplit/papers/classactionalexander.pdf

Question:  When can I expect to see compensation?

Answer:  We have to win the case then, we have to collect on any award. Since this is a “jury trial,” to the best of my knowledge, the jury will determine the amount of the award and any amount for damages. The attorney fees are determined by the court in such matters, but “typically” are around 30% of the value of the award. The attorney fees are withheld from collected award amounts.

 

Please check back to GAWsuit.com for any updates in the future. If you have ECF access to the court system case documents, you can follow everything there as well. Although this will be a long process, I will endeavor to post whatever the law firms request, as well as post a few lines to keep everyone up to date on any developments which occur.
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June 16, 2016, 12:16:07 PM
 #46203

Quote
The attorney fees are determined by the court in such matters, but “typically” are around 30% of the value of the award.
Wouldn't the lawyers simply be billing their clients directly?

Are they doing this through a 'No-win No-fee' arrangement or something?


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June 16, 2016, 12:29:50 PM
 #46204

Quote
The attorney fees are determined by the court in such matters, but “typically” are around 30% of the value of the award.
Wouldn't the lawyers simply be billing their clients directly?

Are they doing this through a 'No-win No-fee' arrangement or something?



Exactly.

They had a hard time finding legal assistance, so I suspect the lawyers got some kind of retainer too --  Maybe with ION CRUMBS.

Wink
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June 16, 2016, 02:13:20 PM
 #46205

If this lawsuit actually goes forward there are some interesting possibilities. Will Fraser and Cantor Fitzgerald try to settle quickly, or will they blow untold millions on very expensive lawyers, or will they throw Garza under the bus. At the very least they should get some unflattering media attention. Sadly the 9/11 charity fraud doesn't seem to have made it into the complaint.

its mentioned. unless you mean something else than this one:

Quote
81. For  example,  on  or  about  September  11,  2014,  GAW  Miners  announced  the creation  of  the  limited  edition “Remember” Hashlet  with  the  logo  of “9/11” to  commemorate those  who lost  their lives  in  the  terrorist  attacks  of  September  11,  2001.  Garza  announced  that GAW  Miners  would  only  sell  500  Remember  Hashlets,  and  would  donate  all  of  the  proceeds (approximately  $10,000)  to “the  9/11  memorial  fund.” He  specified  that “GAW  will  in  no  way be  profiting  from  any  sales  related  to  the  cause.” After  selling  approximately  2,290  Remember Hashlets  for  a  total  of  approximately  $48,000,  GAW  Miners  donated  only  $10,000  to  a  9/11 related charity.  

82. Garza and  Fraser knew  or were  reckless  or  negligent  in  not  knowing that  GAW Miners   actually   profited   from   the   sale   of   Remember   Hashlets,   contrary   to Garza’srepresentations. Fraser’s  role  in  the  Remember  Hashlets   scheme  is  particularly  egregious  given Fraser’s (and his firm Cantor Fitzgerald’s) prominent role in the 9/11 memorial fund.
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June 16, 2016, 02:28:17 PM
 #46206

If this lawsuit actually goes forward there are some interesting possibilities. Will Fraser and Cantor Fitzgerald try to settle quickly, or will they blow untold millions on very expensive lawyers, or will they throw Garza under the bus. At the very least they should get some unflattering media attention. Sadly the 9/11 charity fraud doesn't seem to have made it into the complaint.

its mentioned. unless you mean something else than this one:

Quote
81. For  example,  on  or  about  September  11,  2014,  GAW  Miners  announced  the creation  of  the  limited  edition “Remember” Hashlet  with  the  logo  of “9/11” to  commemorate those  who lost  their lives  in  the  terrorist  attacks  of  September  11,  2001.  Garza  announced  that GAW  Miners  would  only  sell  500  Remember  Hashlets,  and  would  donate  all  of  the  proceeds (approximately  $10,000)  to “the  9/11  memorial  fund.” He  specified  that “GAW  will  in  no  way be  profiting  from  any  sales  related  to  the  cause.” After  selling  approximately  2,290  Remember Hashlets  for  a  total  of  approximately  $48,000,  GAW  Miners  donated  only  $10,000  to  a  9/11 related charity.  

82. Garza and  Fraser knew  or were  reckless  or  negligent  in  not  knowing that  GAW Miners   actually   profited   from   the   sale   of   Remember   Hashlets,   contrary   to Garza’srepresentations. Fraser’s  role  in  the  Remember  Hashlets   scheme  is  particularly  egregious  given Fraser’s (and his firm Cantor Fitzgerald’s) prominent role in the 9/11 memorial fund.

Statement 82 to the media around September of 2015 (or as soon as shit got exposed) to the media probably would have done a lot more to get people some money back than this lawsuit will.
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June 16, 2016, 04:21:23 PM
 #46207

If this lawsuit actually goes forward there are some interesting possibilities. Will Fraser and Cantor Fitzgerald try to settle quickly, or will they blow untold millions on very expensive lawyers, or will they throw Garza under the bus. At the very least they should get some unflattering media attention. Sadly the 9/11 charity fraud doesn't seem to have made it into the complaint.

its mentioned. unless you mean something else than this one:

Quote
81. For  example,  on  or  about  September  11,  2014,  GAW  Miners  announced  the creation  of  the  limited  edition “Remember” Hashlet  with  the  logo  of “9/11” to  commemorate those  who lost  their lives  in  the  terrorist  attacks  of  September  11,  2001.  Garza  announced  that GAW  Miners  would  only  sell  500  Remember  Hashlets,  and  would  donate  all  of  the  proceeds (approximately  $10,000)  to “the  9/11  memorial  fund.” He  specified  that “GAW  will  in  no  way be  profiting  from  any  sales  related  to  the  cause.” After  selling  approximately  2,290  Remember Hashlets  for  a  total  of  approximately  $48,000,  GAW  Miners  donated  only  $10,000  to  a  9/11 related charity.  

82. Garza and  Fraser knew  or were  reckless  or  negligent  in  not  knowing that  GAW Miners   actually   profited   from   the   sale   of   Remember   Hashlets,   contrary   to Garza’srepresentations. Fraser’s  role  in  the  Remember  Hashlets   scheme  is  particularly  egregious  given Fraser’s (and his firm Cantor Fitzgerald’s) prominent role in the 9/11 memorial fund.

You're right. I blame stupid docdroid viewer and/or Firefox search Smiley

I hope media catches on to that.

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June 16, 2016, 04:39:05 PM
 #46208

Quote
The attorney fees are determined by the court in such matters, but “typically” are around 30% of the value of the award.
Wouldn't the lawyers simply be billing their clients directly?

Are they doing this through a 'No-win No-fee' arrangement or something?

They are trying to certify this as a class action, which I think is lawyer-speak for "ka-ching". Lawyers get a percentage of the reward. Victims get what remains of the reward, which may or may not make them whole. The law firm probably wouldn't take the case if they didn't think there is a reasonable chance to make Fraser pay up.

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June 16, 2016, 04:48:53 PM
 #46209

If this lawsuit actually goes forward there are some interesting possibilities. Will Fraser and Cantor Fitzgerald try to settle quickly, or will they blow untold millions on very expensive lawyers, or will they throw Garza under the bus. At the very least they should get some unflattering media attention. Sadly the 9/11 charity fraud doesn't seem to have made it into the complaint.

its mentioned. unless you mean something else than this one:

Quote
81. For  example,  on  or  about  September  11,  2014,  GAW  Miners  announced  the creation  of  the  limited  edition “Remember” Hashlet  with  the  logo  of “9/11” to  commemorate those  who lost  their lives  in  the  terrorist  attacks  of  September  11,  2001.  Garza  announced  that GAW  Miners  would  only  sell  500  Remember  Hashlets,  and  would  donate  all  of  the  proceeds (approximately  $10,000)  to “the  9/11  memorial  fund.” He  specified  that “GAW  will  in  no  way be  profiting  from  any  sales  related  to  the  cause.” After  selling  approximately  2,290  Remember Hashlets  for  a  total  of  approximately  $48,000,  GAW  Miners  donated  only  $10,000  to  a  9/11 related charity.  

82. Garza and  Fraser knew  or were  reckless  or  negligent  in  not  knowing that  GAW Miners   actually   profited   from   the   sale   of   Remember   Hashlets,   contrary   to Garza’srepresentations. Fraser’s  role  in  the  Remember  Hashlets   scheme  is  particularly  egregious  given Fraser’s (and his firm Cantor Fitzgerald’s) prominent role in the 9/11 memorial fund.

You're right. I blame stupid docdroid viewer and/or Firefox search Smiley

I hope media catches on to that.
What's the best way to make the media aware?

bitJob                       ▄▄▄██████▄▄▄
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June 16, 2016, 04:55:25 PM
 #46210

PDF of the complaint:

http://docdro.id/oAFdRD8




uncle stu to the rescue... I wonder if they go for his sorry ass too

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June 16, 2016, 05:09:19 PM
 #46211

What's the best way to make the media aware?

Can start by e-mailing/tweeting some journalists who know Garza's story... e.g.

http://arstechnica.com/author/cyrus-farivar/


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June 16, 2016, 05:10:29 PM
 #46212

uncle stu to the rescue... I wonder if they go for his sorry ass too

Oh yes, they do, big time - read the doc link. It's quite extensive.

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June 16, 2016, 06:32:45 PM
 #46213

What's the best way to make the media aware?

Can start by e-mailing/tweeting some journalists who know Garza's story... e.g.

http://arstechnica.com/author/cyrus-farivar/



what about this guy?  http://www.michaeljcasey.com/

https://twitter.com/mikejcasey


bitJob                       ▄▄▄██████▄▄▄
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June 16, 2016, 06:40:57 PM
 #46214

What's the best way to make the media aware?

Can start by e-mailing/tweeting some journalists who know Garza's story... e.g.

http://arstechnica.com/author/cyrus-farivar/



what about this guy?  http://www.michaeljcasey.com/

https://twitter.com/mikejcasey


Sure why not. Rub it in.

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June 16, 2016, 07:07:53 PM
 #46215

I bet some of my screenshots are in that case file somewhere LOL Grin
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June 16, 2016, 09:40:50 PM
 #46216

Hi Everyone.

I do not usually come here and post. However, as promised, I would like to extend a massively-sized "Thank You" to @Suchmoon for all of the help she has given me over the past months. I have asked for her help several times and she has always come through when I got in a bind for information. I will not go into the details of what she has so graciously supplied me, but I will say that I had a few "holes" in my data and her contributions helped fill in those holes.

I saw the post about someone probably having a few screenshots in the evidence folder, which made me laugh out loud. To be honest, there were a number of members here whose screenshots probably did land in the evidence folder, but it is hard to know that for certain. Let's just assume they did for congratulatory purposes. Smiley

Also, along that line, I want to thank every member of BCT who did their due diligence early in the GAW days. The archives created were, needless to say--but I will, invaluable in getting this whole "rocket" off the ground. @Suchmoon also provided me with data that was searchable, considering that the archives are not "keyword" searchable in their own right.

I also will admit that, when in a pinch, I came here to search the chronological history @Suchmoon created, which I believe started this thread, as well as other posts made by a number of members of this forum. Although many of the links to Hashtalk.org were no longer functioning, it did present a "time stamp" I needed to search for the "snapshots" people here took in the archive websites. At several times, I needed to find information in a hurry, to provide the needed examples to the law firm.

We have a very good law firm leading this case. One of the attorneys is very well-known. The rest are top-notch and certainly, highly professional. I feel it is safe to say that the whole adventure would have been in jeopardy had the archived data not existed, or had it existed in only a partial form. This long thread was also extremely helpful in getting this to the court, in my opinion.

In any case, KUDOS to BCT and especially to @Suchmoon for everything! Let's hope everything done to date will not be in vain, which I very much doubt.

Best regards,
Allen

P.S. Sorry this is not my normal UID. I cannot remember the passcode for Allen1980s, which "was" my normal account. Age is a horrible thing. Wink
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June 16, 2016, 10:36:55 PM
 #46217

C'mon.. quit trying to fake people out... Suchmoon is a dude with a super cool rocketship mug. Always has been, always will be!  Cool

Cheers and thanks for the post - we all tried to save people but the kool aid was just too strong on hashtalk... ::grinning::

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June 16, 2016, 11:14:59 PM
 #46218

That it was.... Sad
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June 16, 2016, 11:35:53 PM
 #46219

That it was.... Sad

Hi Homero.

Jump you fuckers! | The thing about smart motherfuckers is they sound like crazy motherfuckers to dumb motherfuckers. | My sig space for rent for 25 btc per week.
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June 16, 2016, 11:38:02 PM
 #46220

Thanks Allen. What I did was mostly dependent on many other contributors here - too numerous to name everyone, sorry - but you all know who you are Smiley

All I hope for is that between this and the SEC lawsuit we'll see some sort of closure in the Garza story, whether it's some level of restitution or at least seeing Garza and Fraser squirm like the worms they are.

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