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Re: clipso post# 39113

Monday, 12/22/2014 6:55:43 AM

Monday, December 22, 2014 6:55:43 AM

Post# of 42997
Completely false and HIGHLY deceptive.

You completely misstate, misquote and distort the wording from the transcript. You put sentences IN QUOTES that do not appear anywhere in the original transcript. That is highly deceptive.

Here's where the case ACTUALLY stands:

The Judge has ruled there was NO JV, he's ruled there WAS a budget over run, he's granted summary judgement against 2/3's of MadMal & TWGLL's claims...

It's very obvious (to coin a silly phrase) how these conspiracy theories played out in real life... After extracting 3.8 million, MadMal and his cronies tried to force SmartWin to pony up way more cash than was contemplated in the agreed upon budget. SmartWin said well OK, sure.. but if we pay more cash, we want a larger piece of the pie.

Judge Oing has ruled MadMal did go over budget without the required written consent from SmartWin.

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=Z54WlguIRPuDi2b1OftQQQ==&system=prod
page 6-7

the amounts that are being submitted are outside of the budget, not contemplated by the budget and that they stopped paying or they stopped funding this entity or funding this project or exploration and then that's where we're at.

I believe something was -- they had a $5 million budget. The expenses or the costs being submitted exceeded the $5 million, somewhere around the $7 million mark and that's where we have the problem...



You seem to ignore the FACT that the judge granted 2 of 3 SmartWin summary judgement requests.

The judge quite simply asks the SmartWin attorney to present his argument, to explain explain "why you are entitled to summary judgement on your claims." He's not QUESTIONING their claim, he's opening the proceedings by asking him to describe the argument they want to make. It's simply part of the routine process, asking each side to present their argument. The judge makes a similar request of TWGLL. Your interpretation is completely incorrect and highly misleading.

Then, after the judge asks the SmartWin lawyer to present his argument for summary judgement, he goes ahead and GRANTS 2 of his 3 requests.Why leave this FACT out?

You're also ignoring the FACT that the judge ruled there was no JV. That ruling guts MadMal's remaining counterclaim.

You're also ignoring the FACT that SmartWin's original suit against MadMal continues. He's presented no defense against their suit, instead TWGLL seemed to be relying on the so called "implied JV" as his entire defense. Now the judge has ruled there was no JV, both MadMal's counter claim AND his defense against SmartWin's original claims have evaporated and they have suddenly developed this absurd "bait and switch" theory - because they have nothing left.

It's difficult to reach correct conclusions and proper interpretations when actual FACTS like these are ignored. It's impossible to reach the correct conclusions when quotes are fabricated out of thin air.

Jordan Belfort in "Wolf of Wall Street": "Rich people don't buy penny stocks. They're too smart."

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