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December 06, 2016, 07:50:34 AM |
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Uncle Stu's big day today. What a surprise no further requests for delays either. Answer deadline updated for Stuart A. Fraser to 12/6/2016 Looking forward to seeing his response to the revised complaint that paints him as the sole ring leader. Either they will find some obscure nitpick law error and harp on that all day long or they will have to completely throw Homero under the bus and drive it back and forth over him multiple times in order to get out of this new complaint. "...it's ok Elon it's an electric bus..." ![Cheesy](https://bitcointalk.org/Smileys/default/cheesy.gif)
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truckinusa
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December 06, 2016, 12:26:52 PM |
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Uncle Stu's big day today. What a surprise no further requests for delays either. Answer deadline updated for Stuart A. Fraser to 12/6/2016 Looking forward to seeing his response to the revised complaint that paints him as the sole ring leader. Either they will find some obscure nitpick law error and harp on that all day long or they will have to completely throw Homero under the bus and drive it back and forth over him multiple times in order to get out of this new complaint. "...it's ok Elon it's an electric bus..." ![Cheesy](https://bitcointalk.org/Smileys/default/cheesy.gif) I wish Mike Johnson(aka Eric Dykstra) was still around to give us the dirt on what is really going on. Maybe Shinta Dekay will come through and enlighten us.
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RoomBot
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December 06, 2016, 09:52:07 PM |
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SHINTA!! SHINTA!! SHINTA!!
Shinta Claus is Coming to Town!
He knows when you've been scamming, He knows when you're awake He knows who lied to all the Muggles Throw him in jail for goodness sake!
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maildir
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December 07, 2016, 02:35:48 AM |
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Filings appear to be in. Think it is the same as before, Uncle Stu's sad sack story supporting his request to dismiss the case. At least I hope so, info is a bit thin right now. Hopefully the case files will be up soon. Better not be some nitpick legal escape based on a word or other non interesting defence play. 62 Filed: 12/6/2016, Entered: None Memorandum in Support of Motion 61 Filed: 12/6/2016, Entered: None Dismiss
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RoomBot
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December 07, 2016, 02:54:21 AM |
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Filings appear to be in. Think it is the same as before, Uncle Stu's sad sack story supporting his request to dismiss the case. At least I hope so, info is a bit thin right now. Hopefully the case files will be up soon. Better not be some nitpick legal escape based on a word or other non interesting defence play. 62 Filed: 12/6/2016, Entered: None Memorandum in Support of Motion 61 Filed: 12/6/2016, Entered: None Dismiss ![](https://ip.bitcointalk.org/?u=https%3A%2F%2Fi.imgur.com%2FU4mEbgF.jpg&t=665&c=L2vILGhuIuuS_w)
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truckinusa
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December 07, 2016, 06:43:31 AM |
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Filings appear to be in. Think it is the same as before, Uncle Stu's sad sack story supporting his request to dismiss the case. At least I hope so, info is a bit thin right now. Hopefully the case files will be up soon. Better not be some nitpick legal escape based on a word or other non interesting defence play. 62 Filed: 12/6/2016, Entered: None Memorandum in Support of Motion 61 Filed: 12/6/2016, Entered: None Dismiss Were you able to read it?
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maildir
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December 07, 2016, 07:17:40 AM |
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The files are now up, only became available a couple hours ago. Hopefully someone with an account can retrieve them: Tuesday, December 06, 2016 62 Memorandum in Support re61 MOTION to Dismiss the First Amended Complaint filed by Stuart A. Fraser. (Cave, Sarah)
61 MOTION to Dismiss the First Amended Complaint by Stuart A. Fraser. Responses due by 12/27/2016 (Cave, Sarah)
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suchmoon (OP)
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December 07, 2016, 01:51:22 PM |
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The files are now up, only became available a couple hours ago. Hopefully someone with an account can retrieve them: Tuesday, December 06, 2016 62 Memorandum in Support re61 MOTION to Dismiss the First Amended Complaint filed by Stuart A. Fraser. (Cave, Sarah)
61 MOTION to Dismiss the First Amended Complaint by Stuart A. Fraser. Responses due by 12/27/2016 (Cave, Sarah) The motion says: Plaintiffs have not pled sufficiently or with the requisite particularity that Fraser (a) had control of a primary violator (Garza and/or the Companies) or (b) was a culpable participant in the alleged primary violations. As such, all of the claims against Fraser must be dismissed pursuant to Rules 8(a), 9(b) and 12(b)(2) of the Federal Rules of Civil Procedure for failure to state a claim.
And the full memorandum is here: https://www.docdroid.net/IcDUuEl/doc62.pdf.htmlEdit: and it's a good one... Plaintiffs made a deal with the Devil, agreeing with the previously alleged mastermind of the fraud, original lead defendant Homero Joshua Garza (“Garza”), to dismiss all the claims against him in exchange for purported information from him in the hope that it could cure the deficiencies in their claims against Fraser. Plaintiffs’ unholy alliance with Garza has failed
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maildir
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December 07, 2016, 03:19:37 PM |
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Thanks!
Hate to say it that lawyer is correct. Cut right through the smoke to where it is and what it is. Actually quite comical, all reads like a debate on here between two people nitpicking over semantics. he said she said I know you are but what am I bullshit. Could of saved a ton of money and hashed the whole thing out right here on this thread of bitcointalk.org.
Not sure how plaintiffs can respond to this, I see the asked for a reply by the 27th but the original previous request for an extension afforded the plaintiffs till January 27th 2017 to reply.
No clue anymore other than those two snippets of shit Homero coughed up about the book birthday present and Uncle Stu lamenting the birth of his kid, what use did that useless sack of shit provide them.
They need to try to wrap this up before the end of the year. Give the SEC a chance now, otherwise they're wasting our time with this back and forth nonsense, let the real lawyers and government gang take a swing. Pretty sure the IRS is sitting in the wings wanting to know where the taxes are on those 20 millions that disappeared.
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suchmoon (OP)
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December 07, 2016, 06:05:10 PM |
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Thanks!
Hate to say it that lawyer is correct. Cut right through the smoke to where it is and what it is. Actually quite comical, all reads like a debate on here between two people nitpicking over semantics. he said she said I know you are but what am I bullshit. Could of saved a ton of money and hashed the whole thing out right here on this thread of bitcointalk.org.
Not sure how plaintiffs can respond to this, I see the asked for a reply by the 27th but the original previous request for an extension afforded the plaintiffs till January 27th 2017 to reply.
No clue anymore other than those two snippets of shit Homero coughed up about the book birthday present and Uncle Stu lamenting the birth of his kid, what use did that useless sack of shit provide them.
They need to try to wrap this up before the end of the year. Give the SEC a chance now, otherwise they're wasting our time with this back and forth nonsense, let the real lawyers and government gang take a swing. Pretty sure the IRS is sitting in the wings wanting to know where the taxes are on those 20 millions that disappeared.
There are some good points in that doc but on the other hand Fraser bankrolled the whole operation... he could have stopped it at any time if he quit funding it - Homero was losing money every step of the way until he hit jackpot with the hashlet ponzi, which gave him a few months of reckless spending. The nitpicking about 41% is ludicrous, it's just a number Homero came up with to make himself feel like he owned something while he was charging everything to Elise's Amex. Anyway, I have mixed feelings about this "devil" thing. Sure, Homero is an utter dipshit, but for a Wall Street big shot to fund a ponzi and pretend like it's no big deal because he "only" had 41% is pure bullshit. At least they're not friends anymore so let's hope Homero ends up appropriately poor and miserable and perhaps even has to (gasp) work for a living.
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truckinusa
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December 07, 2016, 09:53:27 PM |
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Thanks!
Hate to say it that lawyer is correct. Cut right through the smoke to where it is and what it is. Actually quite comical, all reads like a debate on here between two people nitpicking over semantics. he said she said I know you are but what am I bullshit. Could of saved a ton of money and hashed the whole thing out right here on this thread of bitcointalk.org.
Not sure how plaintiffs can respond to this, I see the asked for a reply by the 27th but the original previous request for an extension afforded the plaintiffs till January 27th 2017 to reply.
No clue anymore other than those two snippets of shit Homero coughed up about the book birthday present and Uncle Stu lamenting the birth of his kid, what use did that useless sack of shit provide them.
They need to try to wrap this up before the end of the year. Give the SEC a chance now, otherwise they're wasting our time with this back and forth nonsense, let the real lawyers and government gang take a swing. Pretty sure the IRS is sitting in the wings wanting to know where the taxes are on those 20 millions that disappeared.
There are some good points in that doc but on the other hand Fraser bankrolled the whole operation... he could have stopped it at any time if he quit funding it - Homero was losing money every step of the way until he hit jackpot with the hashlet ponzi, which gave him a few months of reckless spending. The nitpicking about 41% is ludicrous, it's just a number Homero came up with to make himself feel like he owned something while he was charging everything to Elise's Amex. Anyway, I have mixed feelings about this "devil" thing. Sure, Homero is an utter dipshit, but for a Wall Street big shot to fund a ponzi and pretend like it's no big deal because he "only" had 41% is pure bullshit. At least they're not friends anymore so let's hope Homero ends up appropriately poor and miserable and perhaps even has to (gasp) work for a living. What makes you say they aren't Friends anymore? Could be a big charade from what I read.
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suchmoon (OP)
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December 07, 2016, 10:20:30 PM |
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What makes you say they aren't Friends anymore? Could be a big charade from what I read.
But but but.... THEY SAID HE'S THE DEVIL!!!@@##! Friends don't do that! But what do I know... their relationship never made sense. Wall Street banker and some two-bit con artist.
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RoomBot
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December 07, 2016, 11:17:37 PM Last edit: December 07, 2016, 11:32:24 PM by RoomBot |
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It's a Hybrid-Flex Mega-Scam of Ponzi Proportions with multiple Scammers trying to out-scam each other, including, but not limited to, lawyers AND plaintiffs! ![Grin](https://bitcointalk.org/Smileys/default/grin.gif) MUST REPEAT: Plaintiffs made a deal with the Devil, agreeing with the previously alleged mastermind of the fraud, original lead defendant Homero Joshua Garza (“Garza”), to dismiss all the claims against him in exchange for purported information from him in the hope that it could cure the deficiencies in their claims against Fraser. Plaintiffs’ unholy alliance with Garza has failed I find it impossible to believe charges can be dropped against the man who perpetrated so many lies in real time, directly to customers / victims, nearly every day, (en masse) via HashTalk & Twitter. One of my faves: ![](https://ip.bitcointalk.org/?u=https%3A%2F%2Fi.imgur.com%2FuREcwZx.png%3F1&t=665&c=9X-rxQ078IAxwQ)
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maildir
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December 08, 2016, 01:22:43 AM |
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If we do look at only the big picture I wonder if there is a catch or legal requirement or something the plaintiffs can still pin on Uncle Stu where when the fingers started pointing e.g.: http://blogs.wsj.com/moneybeat/2014/12/01/bitbeat-under-fire-gaw-miners-ceo-garza-takes-on-his-critics/He even as only a "minority" owner should have been duty bound somehow to investigate these allegations himself? Something like that. Seems rather far fetched but who knows if they can conjure up this Connecticut specific law of "control" under their securities act, maybe there is something equally ridiculous covering "due diligence" or whatever. Funny thing is I had a flash back where I was pretty sure I had seen Uncle Stu's name on one or more of those numerous corporation registrations Homero had a habit of registering every time he thought up a new retarded company name, did a quick search in most of the states, only the Gaw High Speed has him listed as a director. And here is where the loser loses again, most all others, because he is such a conceited bastard, he registered his name in all applicable fields i.e. owner: homero, director: homero : secretary: homero : president: homero janitor: homero etc. I suspect all he had to do back then was affix Uncle Stu's name in a capacity above verbal share agreements to now be able to pin the tail on the donkey. Of course he didn't do that. All I can think of is that Homero has written concrete evidence backing up the plaintiff's claims. texts. vm's, emails? other? Highly doubt it though that fool wouldn't know how to back up and store anything if his life depended on it. But at the same time he was such a paranoid delusional he meticulously tracked and archived all of his wife's movements. Did he do the same with Uncle Stu? Hahaha wow just thinking now, I wonder if he even removed the tracker from the Tesla! when he gave it to Uncle Stu! Plaintiffs better pull the rabbit out of the hat. This is the last go around. Better have a smoking gun come the 27th. They surely must have anticipated defendant's response which is nothing more than reinforcing the original defense. No real need to request an extension in this case, they must have something on hand to present in this final attempt otherwise they are surely dead in the water. No way they can just repeat the same bullshit in the amended complaint again with nothing more than thicker layers of gloss. So far still not getting our money's worth here! Time for the big boys and girls, let the SEC crack this nut once and for all. They got testimony and evidence from every single entity that worked for him or associated with him, massive reach with their subpoenas in securing entire email databases from google and what ever other service providers they original used. Pretty much everything. Nothing the plaintiff's legal team could have hoped to get in their case. Somewhat surprised at their accommodation in allowing this circus to continue and letting him delay their case like that. Hope they don't let us down at the end of the day with some bullshit twist in the plot!
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maildir
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December 08, 2016, 01:53:32 AM |
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You know that thought did cross my mind earlier today. What if he did settle with them like that under NDA. Could anyone ever know including the defendants? Does anyone have a right to know? Shit all he has to do is give each what 100,000, 200,000 cash + lawyers fees and be done and swing to their side in the off-chance of an Uncle Stu payday. How would anyone ever know?
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December 08, 2016, 01:57:11 AM Last edit: July 26, 2017, 05:59:59 AM by RoomBot |
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You know that thought did cross my mind earlier today. What if he did settle with them like that under NDA. Could anyone ever know including the defendants? Does anyone have a right to know? Shit all he has to do is give each what 100,000, 200,000 cash + lawyers fees and be done and swing to their side in the off-chance of an Uncle Stu payday. How would anyone ever know?
We know. Big Brother knows. SEC can follow the Blockchain better than Garza now.
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Phildo
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December 08, 2016, 03:52:09 AM |
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Thanks!
Hate to say it that lawyer is correct. Cut right through the smoke to where it is and what it is. Actually quite comical, all reads like a debate on here between two people nitpicking over semantics. he said she said I know you are but what am I bullshit. Could of saved a ton of money and hashed the whole thing out right here on this thread of bitcointalk.org.
Not sure how plaintiffs can respond to this, I see the asked for a reply by the 27th but the original previous request for an extension afforded the plaintiffs till January 27th 2017 to reply.
No clue anymore other than those two snippets of shit Homero coughed up about the book birthday present and Uncle Stu lamenting the birth of his kid, what use did that useless sack of shit provide them.
They need to try to wrap this up before the end of the year. Give the SEC a chance now, otherwise they're wasting our time with this back and forth nonsense, let the real lawyers and government gang take a swing. Pretty sure the IRS is sitting in the wings wanting to know where the taxes are on those 20 millions that disappeared.
There are some good points in that doc but on the other hand Fraser bankrolled the whole operation... he could have stopped it at any time if he quit funding it - Homero was losing money every step of the way until he hit jackpot with the hashlet ponzi, which gave him a few months of reckless spending. The nitpicking about 41% is ludicrous, it's just a number Homero came up with to make himself feel like he owned something while he was charging everything to Elise's Amex. Anyway, I have mixed feelings about this "devil" thing. Sure, Homero is an utter dipshit, but for a Wall Street big shot to fund a ponzi and pretend like it's no big deal because he "only" had 41% is pure bullshit. At least they're not friends anymore so let's hope Homero ends up appropriately poor and miserable and perhaps even has to (gasp) work for a living. what funding though? What were gaw's expenses? they didn't pay the electric bill, they didn't buy miners, they didn't pay for btc.com. how much does it cost to run a cloud mining ponzi? you need a website and a script to make up numbers.
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truckinusa
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December 08, 2016, 05:46:42 AM Last edit: December 08, 2016, 07:36:14 AM by truckinusa |
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You know that thought did cross my mind earlier today. What if he did settle with them like that under NDA. Could anyone ever know including the defendants? Does anyone have a right to know? Shit all he has to do is give each what 100,000, 200,000 cash + lawyers fees and be done and swing to their side in the off-chance of an Uncle Stu payday. How would anyone ever know?
We know. Big Brother knows. SEC can follow the Blockchain better than Garza now. If the Puppet Plaintiffs got paid out in COINS, SEC can trace them. I would LOVE to see the GAWSuit Plaintiffs prosecuted for witness tampering and fraud.... Are there tools to track movements of coins through mixers, etc? I was curious where all 4162 neucoin's scammed money ended up too? Guess it if was exchanged for fiat then the ability to trace ends there for us? I believe any funds beyond the meager salaries he paid his employees got spent on hookers and blow? Nothing else could explain the erratic behavior, vests, berets, etc.
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suchmoon (OP)
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December 08, 2016, 12:58:50 PM |
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Thanks!
Hate to say it that lawyer is correct. Cut right through the smoke to where it is and what it is. Actually quite comical, all reads like a debate on here between two people nitpicking over semantics. he said she said I know you are but what am I bullshit. Could of saved a ton of money and hashed the whole thing out right here on this thread of bitcointalk.org.
Not sure how plaintiffs can respond to this, I see the asked for a reply by the 27th but the original previous request for an extension afforded the plaintiffs till January 27th 2017 to reply.
No clue anymore other than those two snippets of shit Homero coughed up about the book birthday present and Uncle Stu lamenting the birth of his kid, what use did that useless sack of shit provide them.
They need to try to wrap this up before the end of the year. Give the SEC a chance now, otherwise they're wasting our time with this back and forth nonsense, let the real lawyers and government gang take a swing. Pretty sure the IRS is sitting in the wings wanting to know where the taxes are on those 20 millions that disappeared.
There are some good points in that doc but on the other hand Fraser bankrolled the whole operation... he could have stopped it at any time if he quit funding it - Homero was losing money every step of the way until he hit jackpot with the hashlet ponzi, which gave him a few months of reckless spending. The nitpicking about 41% is ludicrous, it's just a number Homero came up with to make himself feel like he owned something while he was charging everything to Elise's Amex. Anyway, I have mixed feelings about this "devil" thing. Sure, Homero is an utter dipshit, but for a Wall Street big shot to fund a ponzi and pretend like it's no big deal because he "only" had 41% is pure bullshit. At least they're not friends anymore so let's hope Homero ends up appropriately poor and miserable and perhaps even has to (gasp) work for a living. what funding though? What were gaw's expenses? they didn't pay the electric bill, they didn't buy miners, they didn't pay for btc.com. how much does it cost to run a cloud mining ponzi? you need a website and a script to make up numbers. Homero's cars and private jets? ![Grin](https://bitcointalk.org/Smileys/default/grin.gif) For any rational ponzi scammer your statement would be true but we're not dealing with such a person here. From what I've seen in those e-mails it looked like he was running GAW's hardware business at a loss and used Fraser's "credit line" to prop it up. Even when he was presumably rolling in all the hashlet money he was still using Fraser's credit card. I'm quite certain that at any point Fraser could have said "I'm out" and the house of cards would have collapsed. Which is what likely happened in early 2015 when the SEC stepped in. Whether that constitutes "control" under security laws though - not sure.
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