Monday, January 30, 2017 8:07:03 PM
MACIORA FILES DEFAMATION SUIT!!!
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK 10TH JUDICIAL DISTRICT CENTRAL ISLIP, NEW YORK
X
Index No. /
KENNETH MACIORA Date Index No.
Purchased:
V.
CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHNDOE #1 AND ,
To the Person(s) Named as Defendants Above:
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on the Plaintiff at the address set forth below, and to do so within 20 days of service (not counting the day of service itself) or within 30 days after Service is complete if the summons is not delivered personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer or speak, a judgment will be entered against you by default for the relief demanded in the Complaint.
Plaintiff designates Suffolk County as the venue for this action because the Plaintiff's residence is Suffolk County.
Kenneth Maciora
72 Adelhaide Lane East Islip, NY 11730 (917) 670-9541
Kenneth Maciora Plaintiff— PrO-Se 72 Adelhaide Lane East Islip, NY 1 1730 (917) 670-9541 Pro-Se
SUPREME COURT OF THE STATE OF NEW YORK
10th JUDICIAL DISTRICT CENTRAL ISLIP, NEW YORK SUFFOLK COUNTY
KENNETH MACIORA,
Plaintiff,
CHRISTINE COWAN JERAD FINCK (a/k/a XXXXXXXXXX), JEFFREY YOUNG (a/k/a XXXXXXXX) JOHNDOE#1 (a/k/a XXXXXXXX) INVESTORSHUB.COM, Inc.
Defendants,
) Civil Action No.:
) Complaint: ) Civil Conspiracy ) Prima Facie Tort ) Emotional Distress - Intentional Infliction
) Libel ) Defamation Per Se ) Injurious Falsehood ) Declaratory Judgment
Kenneth Maciora (Plaintiff) alleges against Defendants Christine Cowan, Jerad Finck, Jeffrey
Young, John Doe ffl, and Investorshub.com, Inc. Contemporaneously, the Plaintiff is filing an
Appendix with this action which includes Tables 1-3 and Exhibits 1-5:
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 1
Introduction
1. Plaintiff is informed and believes that beginning around the time period of June 2016, the
Defendants conspired, planned and orchestrated a purposeful, coordinated, vicious and
unlawful attack to destroy the reputation of the Plaintiff by willfully and knowingly
spreading blatantly false information to thousands of investors about the Plaintiff through
several forms of media with the specific intent to hurt the Plaintiff. The Plaintiff is an
investor in a small public company called MEC Inc. (formerly known as MyECheck).
2. The Defendants unlawful conduct was malicious, willful and wanton and showed a
reckless disregard for the Plaintiffs rights which has caused, and continues to cause, the
Plaintiff disgrace, humiliation and shame throughout the world, permanent harm to his
professional and personal reputations, and severe mental anguish and emotional distress.
3. These attacks were planned through emails, texts, private messages on a message board
known as Investors Hub, phone conferences among the Defendants (one of them a New
York resident), and other third parties.
4. None of the Statements were privileged and the statements were false. All of the
actions
by the Defendants which forms the basis for the causes of action in this lawsuit have had a
devastating effect on the Plaintiff's business life and personal life. A list of just some of
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 2
the actions by the Defendants is depicted in the Appendix to this complaint in Tables 1, 2
and 3 and Exhibits 1-5.
5. At no time in the Plaintiff's life has he ever been sued for fraud and therefore, the Plaintiff
has never been convicted of fraud.
6. The Plaintiff has never committed extortion nor has the Plaintiff ever been sued for or
indicted for extortion. Therefore, the plaintiff has never been convicted of extortion.
7. The Plaintiff has never forged anything in his life. The Plaintiff has never been accused of
forging anything. The Plaintiff has never been sued for forgery nor has the Plaintiff ever
been accused of forgery.
8. Any statements that accuse the Plaintiff of fraud, being a convicted fraudster, being a
forger, being an extortionist or any crime are patently false and were made up to destroy
the Plaintiffs reputation and business.
Parties
9. The Plaintiff is a resident of East Islip, New York and has lived in New York his entire
life. He has been a financial services industry professional for almost 30 years and has
never been the subject of any complaint by any regulatory agency that governs the
financial services industry. The Plaintiff has never met Jerad Finck or Jeffrey Young and
has never spoken to them on a telephone. The Plaintiff does not know if he has ever met
John Doe #1 because the name, address and true identity is not known. The Plaintiff met
Christine Cowan for about 5 minutes in the fall of 2014.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-3
10. Plaintiff is informed and believes that Jerad Finck resides in the City of Spokane,
Washington. Jerad Finck has posted and broadcast false messages on Investors Hub
(http://investorshub.advfn.com) and Social media about the Plaintiff. Mr. Finck posts
under the pseudonyms of “XXXXXXXXXX' and “XXXXXXXXX”'. Defendant Jerad Finck is a stock
promoter and a musician.
Plaintiff is informed and believes that Jeffrey Young is a resident of the State of New
York. Jeffrey Young has posted and broadcast false messages on Investors Hub
(http://investorshub.advfn.com) and Social media about the Plaintiff. Mr. Young posts
under the pseudonym of “xxxxxxxxx. Jeffrey Young is a stock promoter.
Plaintiff is informed and believes that John Doe hl is an individual who has published false
messages about the Plaintiff on Investors Hub under the pseudonyms "XXXXXXXX” and
“XXXXXXXXXXX”. John Doe #1 (a/k/a XXXXXXXX and XXXXXXXXXXX) is a stock promoter.
Plaintiff is informed and believes that Christine Cowan is an employee of MEC Inc. and an
officer of one of MEC’s subsidiaries. Ms. Cowan is a resident of California. At all relevant
times, she operated the Facebook account of MEC Inc. Defendant Cowan conspired with
the Defendants to write, post and broadcast false messages about the Plaintiff on MEC’s
social media properties. At all relevant times that form the basis for this action, Defendant
Cowan was at least the co-author of the defamatory posts about the Plaintiff on MEC’s
Facebook page which has harmed the Plaintiff and caused him great mental anguish.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 4
Plaintiff is informed and believes that Defendant Investorshub.com, Inc. runs a website
which features messageboards for discussions related to public companies.
Jurisdiction and Venue
This court has jurisdiction over this matter because it exceeds the minimum
monetary damages requirements for this honorable court.
The Plaintiff is informed and believes that this court has jurisdiction over Jeffrey Young
because Jeffrey Young is a resident of the State of New York. Mr. Young accesses the
Internet through Time Warner Cable and on a specific day during the relevant time period,
he accessed the Internet through an IP address based in the Weedsport and/or Eldridge
New York area. Upon information and belief, Mr. Young lives somewhere in the area of
Syracuse New York.
The Plaintiff is informed and believes that this court has jurisdiction over Jerad Finck
pursuant to New York Statute S 302(a)(1), S302(a)(2), S302 (a)(3)(i), S302(a)(3)(ii). The
Plaintiff is informed and believes and therefore alleges that Mr. Finck planned,
coordinated and carried out a number of his attacks during his course of business as
a stock promoter from the State of New York during July, 2016 while planning,
conspiring and coordinating his attacks against the Plaintiff from the area of Buffalo
New York with a New York resident. Mr. Finck has also performed numerous music
concerts from New York State while maintaining his duties as a stock promoter over the
past 4 years. Finally, Mr. Finck continuously markets and sells his products and Services as
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 5
a musician and promotes stock through interstate commerce and to residents of New York,
many of the sales have been negotiated and completed from within the geographical
boundaries of New York. At all relevant times, Defendant Jerad Finck directed his
activities toward New York knowing that the Plaintiff was a New York resident and his
business was in New York and the impact of the damages would be suffered in New York.
The Plaintiff is informed and believes that this court has jurisdiction over John Doe #1
(a/k/a XXXXXXXX, XXXXXXXXXXX) pursuant to New York Statute S 302(a)(3)(i)(ii). Additional
jurisdiction over John Doe #1 may be determined when the identity of John Doe #1 is
ascertained by the Plaintiff. At all relevant times, Defendant John Doe #1 directed his
activities toward New York and conspired with a New York resident knowing that the
Plaintiff was a New York resident and his business was in New York and the impact of the
damages would be suffered in New York.
The Plaintiff is informed and believes that Christine Cowan is a California resident. The
Plaintiff is informed and believes and therefore alleges that Ms. Cowan planned,
coordinated and carried out a number of her attacks while planning, conspiring and
coordinating her attacks against the Plaintiff with a New York resident. Jurisdiction over
this Defendant is proper pursuant to New York Statute S302(a)(3)(ii). At all relevant times,
Defendant Christine Cowan directed her activities toward New York knowing that the
Plaintiff was a New York resident and his business was in New York and the impact of the
damages would be suffered in New York.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE
#1
AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 6
The Plaintiff is informed and believes that Investorshub.com, Inc. is a Florida corporation.
This Court has jurisdiction over Investorshub.com pursuant to New York Statute S302
(a)(1), (a)(3)(i) and (a)(3)(ii). The company markets and sells its products to New York residents
including the Plaintiff.
Venue is proper because the Plaintiff is a resident of Suffolk County.
Factual Allegations
A stock promoter is generally defined as someone who consistently and enthusiastically
promotes the virtues of an investment in a public stock, regardless of how ridiculous the
promoted virtues of that stock may be. Stock promoters are prevalent in the penny Stock
markets because it is almost impossible for Small and obscure penny Stock companies to
garner the attention of Wall Street analysts and investment banks. Promoters work via 2
general business plans. Some get paid directly from the company or third parties to
promote the virtues of an investment in a public company to induce buying in the Stock.
Other stock promoters make their money and conduct their business by buying Stock in the
targeted company and then causing false information to be published about a public
company. As the stock price goes up, the promoters then sell their stock at inflated prices.
This is commonly referred to in the financial services industry lexicon as a pump and
dump'. Defendants Jerad Finck, Jeffrey Young and John Doe #1 by definition, their work
product, their patterns, and their activities are stock promoters. At all times relevant
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 7
alleged herein, Defendant Christine Cowan conspired with her co-defendants including a
New York resident.
The Plaintiff is informed and believes that Defendant Jerad Finck is a part-time musician.
Most of Mr. Finck's days are spent promoting stocks on the Internet. Over the past 27
months, Mr. Finck has created and been solely responsible for five thousand, four hundred
and eight (5,408) articles, messages or stories about small public companies on Investors
Hub that the Plaintiff knows about. Mr. Finck is also active on social media promoting the
virtues of penny stock companies. He is also a professional message board moderator on
Investors Hub for 3 obscure penny stock companies. The Plaintiff is informed and believes
and therefore alleges that Mr. Finck spends at least 15 hours each week moderating the
message boards of these companies while spending 10-15 hours a week fulfilling his
duties as a stock promoter. Mr. Finck promotes the stock of MEC Inc. (f/k/a MyECheck,
Inc.) while blatantly filing false information.
Mr. Finck is also allegedly a shareholder of MEC, Inc. The Plaintiff is a large shareholder
of MyECheck which is how the Plaintiff allegedly became a target of Mr. Finck's and the
other Defendants attacks. Mr. Finck posts messages about MEC Inc. on most days on
Investors Hub to induce buying in the stock. The Plaintiff is informed and believes and
therefore alleges that numerous torts by Defendant Jerad Finck were committed while he
was working as a musician and a stock promoter within the geographical jurisdiction of
New York State from July 27-July 28, 2016 in the Buffalo, New York area. The Plaintiff is
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 8
27. The Plaintiff is informed and believes that Defendant John Doe h1 is at least a part-time
stock promoter. Over the past 17 months, John Doe il 1 has created and been solely
responsible for three thousand, seven hundred and twenty seven (3.727) articles, messages
and stories about small public companies on Investors Hub. John Doe til is also a
professional message board moderator on Investors Hub for 3 obscure penny stock
companies.
28. In October 2015, Plaintiff Kenneth Maciora purchased shares of MEC from a shareholder
and former employee of MEC. The former employee of MEC did not possess a physical
stock certificate. The employee earned his stock and the stock was vested pursuant to the
terms of an employment agreement.
29. The Plaintiffsent several requests to MEC for them to print a stock certificate. The
Plaintiffs requests were ignored by MEC.
30. On November 18, 2015, Kenneth Maciora, the Plaintiff in this case sued Signature Stock
Transfer (MyECheck's Transfer Agent) in the District Court of Collin County, Texas. The
district court in Texas was the hierarchal equivalent of this honorable court.
31. The Plaintiff requested two forms of relief, a mandatory injunction ordering the Defendant
to issue the stock certificate to the Plaintiff and a declaratory order ordering the Defendant
to include the Plaintiff on the shareholder registrar. Both forms of relief were granted to the
Plaintiff.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 10
32. On August 15th, 2016 and after 9 months of litigation and hundreds of pages of legal
filings, a FINAL JUDGMENT was signed by Judge Roach in favor of the Plaintiff based on
the law, the official records, the pleadings and the settlement of the two parties. The Court
ordered the transfer agent to issue the stock to me WHICH THEY DID and to include me
on the shareholder registrar WHICH THEY DID.
The Plaintiff is informed and believes that Sometime in the first half of 2016, it became
known to several MyECheck shareholders and the Defendants that the Plaintiff was
involved with 2 lawsuits against two of MEC’s agents or vendors. Those lawsuits exposed
Some alleged wrongdoings of MEC Inc. including millions of dollars of assets that were
not on the books, personal spending using corporate accounts by company executives, and
other alleged civil and potentially criminal accusations. These alleged corporate
wrongdoings and fraud by the Company's Chief Executive Officer and other corporate
officers have also been alleged in other court filings by parties not related to this lawsuit.
To wit, the Chief Executive Officer attempted to transfer several million dollars in assets
owned by the company to trusts controlled by him. The Plaintiff is informed and believes
and therefore alleges that the Defendants began to plan, orchestrate and carry out a
purposeful attack to destroy the reputation of the Plaintiff because his true statements
about MEC were affecting their promotion and their Pump and Dump.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 11
The Plaintiff is informed and believes that the Defendants planned, coordinated,
Supervised and carried out attacks directed at the Plaintiff with the help of others after
news of the lawsuits got out.
The Plaintiff is informed and believes that sometime in the month of June 2016, Defendant
Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.
On June 11, 2016 and when the attacks first began, the Plaintiffsent a letter to the manager
of Jerad Finck because he did not have the address of Mr. Finck at that time (see Exhibit
2).
On June 12, 2016, Mr. Finck sent a response back to the Plaintiff stating that the Plaintiff
was sued for fraud which was untrue. (See Exhibit 3). Mr. Finck also sited defenses for his
attacks which are still perplexing to this day based on a theory of law for which no case
law exists.
Sometime in June of 2016, Defendant Jerad Finck published a letter on Facebook (Exhibit
4) to several hundred MyECheck supporters and shared my email with them. Upon
information and belief, all of the Defendants in this action were part of that Facebook
group. Here are two excerpts from the Facebook post by Defendant Jerad Finck which was
published to hundreds of investors. The Facebook post (Se Exhibit 4) was written by Jerad
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 12
Finck. "This is called taking one for the team "This douche is going down Emphasis
added. It was clear by the words written by Mr. Finck that there was a conspiracy in place
to harm the Plaintiff and the intent was to DESTROY the Plaintiff. Jeffrey Young who is a
New York resident was part of Mr. Finck's team.
On November 17, 2016, the Plaintiff sent Mr. Finck a retraction letter (Exhibit 5) via email
and certified letter. Within the letter, the Plaintiff depicted many defamatory and untrue
statements that Defendant Jerad Finck made which has caused the Plaintiff severe
emotional distress, mental anguish, personal harm, business harm and lost business. The
Plaintiff explained in the retraction letter why Defendant Finck's statements were untrue.
None of the Plaintiffs requests were complied with.
Up and until the filing of this lawsuit, the planned, systematic, continuous and orchestrated
attack by the Defendants has not stopped.
Claim 1 - Civil Conspiracy (Against Defendants Finck, Young,
John Doe #1 and Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
The Defendants coordinated, planned, agreed and orchestrated the unconscionable attack
on the Plaintiff by communicating through email, private massages, telephone
conversations and texts.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 13
44. The Defendants purposefully and willfully participated in the acts as a group.
45. The Defendants posted false messages about the Plaintiff on the Internet and Social Media
while working in concert with one another to destroy the relationship of the Plaintiff and to
cause him and his business great monetary harm, personal harm and mental anguish. Much
of the posts by the Defendants were responses to each other's posts on Investors Hub
which was purposefully done to make their false statements look true. The statements
about the Plaintiff were false.
46. The Statements injured the reputation of the Plaintiff-both from a personal and
professional standpoint because the false statements and false accusations were seen by
thousands of investors and Corporate CEOs and these false statements subjected the
Plaintiff to hatred, ridicule, contempt and obloquy.
47. As a result of the coordination and plan to work together, the Defendants actions in the
conspiracy damaged the Plaintiff. The results which were not limited to but included
mental anguish, emotional distress, personal harm, business harm and lost business.
Claim 2 - Prima Facie Tort (Against Defendants Finck and Young)
48. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
49. Defendants Jerad Finck and Jeffrey Young posted a headline that read, inter alia,
MyECheck vs Kenneth Maciora. Securities Litigation. Defendant Jerad Finck posted it at
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 14
44. The Defendants purposefully and willfully participated in the acts as a group.
45. The Defendants posted false messages about the Plaintiff on the Internet and Social Media
while working in concert with one another to destroy the relationship of the Plaintiff and to
cause him and his business great monetary harm, personal harm and mental anguish. Much
of the posts by the Defendants were responses to each other's posts on Investors Hub
which was purposefully done to make their false statements look true. The statements
about the Plaintiff were false.
46. The Statements injured the reputation of the Plaintiff-both from a personal and
professional standpoint because the false statements and false accusations were seen by
thousands of investors and Corporate CEOs and these false statements subjected the
Plaintiff to hatred, ridicule, contempt and obloquy.
47. As a result of the coordination and plan to work together, the Defendants actions in the
conspiracy damaged the Plaintiff. The results which were not limited to but included
mental anguish, emotional distress, personal harm, business harm and lost business.
Claim 2 - Prima Facie Tort (Against Defendants Finck and Young)
48. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
49. Defendants Jerad Finck and Jeffrey Young posted a headline that read, inter alia,
MyECheck vs Kenneth Maciora. Securities Litigation. Defendant Jerad Finck posted it at
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 14
44. The Defendants purposefully and willfully participated in the acts as a group.
45. The Defendants posted false messages about the Plaintiff on the Internet and Social Media
while working in concert with one another to destroy the relationship of the Plaintiff and to
cause him and his business great monetary harm, personal harm and mental anguish. Much
of the posts by the Defendants were responses to each other's posts on Investors Hub
which was purposefully done to make their false statements look true. The statements
about the Plaintiff were false.
46. The Statements injured the reputation of the Plaintiff-both from a personal and
professional standpoint because the false statements and false accusations were seen by
thousands of investors and Corporate CEOs and these false statements subjected the
Plaintiff to hatred, ridicule, contempt and obloquy.
47. As a result of the coordination and plan to work together, the Defendants actions in the
conspiracy damaged the Plaintiff. The results which were not limited to but included
mental anguish, emotional distress, personal harm, business harm and lost business.
Claim 2 - Prima Facie Tort (Against Defendants Finck and Young)
48. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
49. Defendants Jerad Finck and Jeffrey Young posted a headline that read, inter alia,
MyECheck vs Kenneth Maciora. Securities Litigation. Defendant Jerad Finck posted it at
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 14
least 12 times over a short-term period. Emphasis Added Defendant Jeffrey Young
posted it at least 5 times in bold type over a short-term period. Emphasis Added. The
Posts referred to a frivolous and baseless lawsuit filed by MEC Inc.
There was no reasonable professional or procedural justification on why Defendants Finck
and Young posted the same post 12 times and 5 times respectively. The Defendants
intended to harm the Plaintiff.
The Defendants were not posting the information with any privilege because they were not
parties to a lawsuit.
There were no obvious and purposeful benefit to society for the posts.
The posts damaged the Plaintiff by subjecting and exposing the Plaintiff to hatred,
contempt, ridicule and obloquy and the statement that was repeated over and over by the
Defendants.
The sole purpose of the posts was to harm the Plaintiff.
Claim 3 - Emotional Distress - Intentionally Inflicted (Against Defendants Finck, Young, John Doe and Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
The Defendants engaged in conduct toward the Plaintiff that was so extreme and
outrageous so as to exceed the bounds of decency in a civilized Society.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 15
Jerad Finck posted on the Internet and Social Media that the Plaintiff"was going to get a
huge Wake up call'. Because the CEO of the company was known to be a psychopath who
has been arrested multiple times including at least 3 times in 2016, the Plaintiff was and
continues to be in great fear. Mr. Finck also called the Plaintiff a scumbag, convicted
fraudster, extortionist, slime ball, fraudster scumbag, Scumbag con artist, bullshitscam
artist, Scamming fraudster, scamming con artist, fraud, conman, known fraudster, douche,
bullshit artist, clown. Mr. Finck said that the Plaintiff was involved in an attempt to “extort
shares”. Finally Mr. Finck said, "Shareholders Should Sue. They should put together a
lawsuit against Ken Maciora for Forgery, Libel, coercion (emailing and harassing
investors), and defamation.
During 2016, Mr. Finck's and Mr. Young's actions and posts were so outrageous that they
called the Plaintiff's wife a dog washer. Even when the Plaintiff told Mr. Finck through a
retraction letter that the statement was false and that his wife was employed by medical
doctors, Defendants Young and Finck refused to retract the statements.
Jeffrey Young posted on the Internet and Social Media, inter alia, that the Plaintiff was
Swindling shares, extorting, forging papers and stealing shares.
John Doe #1 posted on the Internet, inter alia, that the Plaintiff was a fraudster, share
Scammer, accused of extortion, share fraudster, involved in criminal behavior.
Christine Cowan wrote and published the following statement (See Exhibit l) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 16
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
Stock from the company.”
The Defendants posted the statements with no intention to benefit society and with an
intent to cause damages to the Plaintiff including but not limited to mental anguish,
emotional distress, depression, lost sleep and damages to his personal and professional
reputation.
The campaign by the Defendants has caused the Plaintiff severe emotional distress and
mental anguish. As a result, the Plaintiffs income has dropped and he has had a difficult
time dealing with normal business activities. The Defendants actions have affected the
Plaintiffs personal and business life. The Plaintiff has also had a difficult time sleeping
and has been depressed as a result of the injuries caused by the Defendants.
Claim 4- Libel (Against Defendants Finck, Young, John Doe 1 and
Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
All of the Defendants have published statements of fact about the Plaintiff that are false.
The Defendants published the statements to third parties and the statements were read by
third parties.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 17
67. For example, Jerad Finck said that the Plaintiff was a “convicted fraudster” and the
Plaintiff was involved in an "obvious attempt to extort shares'. All of these statements
were written by Defendant Finck as statements of fact and they were false statements.
68. For example, Jeffrey Young said the Plaintiff was involved in an extortion scheme. This
was written as a statement of fact and it was a false statement.
69. John Doe l said I attempted to "fraudulently gain tens of millions of shares of common
stock.” That was a false statement. John Doe l also said I submitted “forged documents to
auditors.” All of John Doe l's postings were written as statements of fact and they were
false statements.
70. Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.”
71. All the Defendants statements were published to third parties.
72. All of the Defendant's statements were libelous because they were false. The false
statements by the Defendants accused the Plaintiff of crimes which DID NOT HAPPEN,
the Statements were Libel Per Se.
Claim 5 — Defamation Per Se (Against Defendants Finck, Young, John Doe 1 and Cowan)
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 18
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
All of the Defendants have published statements of fact about the Plaintiff that are false
and accused the Plaintiff of committing a crime. Those statements were false. The
Defendants” statements were Defamation Per Se.
For example, Jerad Finck said that the Plaintiff was a "convicted fraudster” and the
Plaintiff was involved in an "obvious attempt to extort shares'. All of these statements
were written as statements of fact and they were false statements.
For example, Jeffrey Young said the Plaintiff was involved in an extortion scheme. This
was written as a statement of fact and it was a false statement.
John Doehl said the Plaintiff attempted to “fraudulently gain tens of millions of shares of
common stock.” That was a false statement. John Doe 1l also said the Plaintiff Submitted
“forged documents to auditors.” All of John Doe l's statements were written as
statements of fact and they were false statements.
Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 19
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.”
The Statements by the Defendants were all statements of fact. All the statements are
categorically false. All the statements accuse the Plaintiff of a crime WHICH DID NOT
HAPPEN.
The statements by the Defendants have injured this Plaintiff in his profession and personally.
Claim 6 - Injurious Falsehood (Against Defendants Finck, Young, John Doe #1 and Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
The Defendants maliciously harmed the Plaintiff with outrageous conduct with the specific
intent to destroy the Plaintiff's reputation.
The statements made by the Defendants were false.
The Defendants intended to harm the Plaintiff with their false statements.
Jerad Finck posted on the Internet and Social Media that the Plaintiff “was going to get a
huge wake up call'. Mr. Finck also called the Plaintiff a scumbag, convicted fraudster,
Slime ball, fraudster Scumbag, Scumbag con artist, bullshit scam artist, scamming
fraudster, Scamming con artist, fraud, conman, known fraudster, douche, bullshit artist,
clown. Mr. Finck said that the Plaintiff was involved in an attempt to “extort shares”.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-20
Finally Mr. Finck said, "Shareholders Should Sue. They should put together a lawsuit
against Ken Maciora for Forgery, Libel, coercion (emailing and harassing investors), and
defamation.”
Jeffrey Young posted on the Internet and Social Media, inter alia, that the Plaintiff was
Swindling shares, extorting, forging papers and stealing shares.
John Doe #1 posted on the Internet, inter alia, that the Plaintiff was a fraudster, share
scammer, accused of extortion, share fraudster, involved in criminal behavior.
Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.
All of the Defendants continuously posted on the Internet that the Plaintiff was sued for
fraud. That was a false statement. As a result of the Defendants false statements, the
Plaintiff has lost as least five potential business accounts to date as a result of these false
Statements.
Defendant Jerad Finck's words were, “This douche is going down”
Defendant Jeffrey Young posted many of his defamatory statements with the Internet
abbreviation of LOL (lots of laughs)
None of the Defendants have ever met the Plaintiff.
None of the Defendants have ever spoken to the Plaintiff.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-21
94. The Plaintiffs posted these messages as statements of fact which were false with the intent
to destroy the reputation of the Plaintiff and harm the Plaintiff.
95. All of the statements were published to third parties and thousands of investors across the
Internet and Social Media
96. An actual and justifiable cause of action exists between the Plaintiff and the Defendants.
Claim 7 - Declaratory Judgment (Against Defendant Investorshub.com, Inc.)
97. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
98. This Court should adjudge that as a result of Defendants John Doe #1 and Jeffrey Young's
actions, a cause of action is available to the Plaintiff in which he can Sue Defendants John
Doe l and Jeffrey Young. John Doe #1's and Jeffrey Young's statements, participation in
the conspiracy, and behavior has caused damage to the Plaintiff.
99. This Court should adjudge, order and decree that Defendant Investorshub.com, Inc. shall
give to Plaintiff in written form the name of the individual who controls the account using
the alias XXXXXXXX, the address of the individual who controls the account using the alias
XXXXXXXX. Defendant Investorshub.com, Inc. shall also give the IP address linked to posts
100. This Court should adjudge, order and decree that Defendant Investorshub.com, Inc.
shall give to Plaintiff in written form the name of the individual who controls the account
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 22
using the alias XXXXXXXXXXX and XXXXXXXX, the address of the individual who controls the
account using the alias’ XXXXXXXXXXX and XXXXXXXX. Defendant Investorshub.com, Inc. shall
also give the IP address linked to posts
Claim for Relief
WHERFORE, Plaintiff Kenneth Maciora prays that the court enters judgment in his favor
against all Defendants as follows:
A. A Declaratory Judgment that the actions, behavior, conduct, practices and conspiracy
of Defendants Finck, Young, John Doehl and Cowan were defamatory and
intentionally or recklessly caused the Plaintiff to suffer severe emotional distress;
B. An injunction and order permanently restraining Defendants Finck, Young, John
Doe l and Cowan from engaging in such unlawful conduct against the Plaintiff,
C. A mandatory injunction and declaratory order ordering Defendant Investorshub.com,
Inc. to deliver to the Plaintiff the identities and addresses of posters XXXXXXXXXXX,
XXXXXXXX and XXXXXXXX and the IP addresses linked to posts
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 23
D. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all monetary
and/or economic harm;
E. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for harm to his
professional and personal reputations and loss of career fulfillment;
F. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all non-monetary
and/or compensatory harm, including, but no limited to, compensation for his mental
anguish,
G. An award of damages against Defendants Finck, Young, John Doe l and Cowan for
any and all other monetary and/or non-monetary losses suffered by the Plaintiff in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest;
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 24
.
D. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all monetary
and/or economic harm;
E. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for harm to his
professional and personal reputations and loss of career fulfillment;
F. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all non-monetary
and/or compensatory harm, including, but no limited to, compensation for his mental
anguish,
G. An award of damages against Defendants Finck, Young, John Doe l and Cowan for
any and all other monetary and/or non-monetary losses suffered by the Plaintiff in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest;
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 24
D. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all monetary
and/or economic harm;
E. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for harm to his
professional and personal reputations and loss of career fulfillment;
F. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all non-monetary
and/or compensatory harm, including, but no limited to, compensation for his mental
anguish,
G. An award of damages against Defendants Finck, Young, John Doe l and Cowan for
any and all other monetary and/or non-monetary losses suffered by the Plaintiff in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest;
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 24
H. An award of punitive damages against Defendants Finck, Young, John Doe l and
Cowan for $1,000,000 each or an amount that would be determined to be fair and just;
I. An award of all costs against Defendants Finck, Young, John Doe l and Cowan that
the Plaintiff has incurred in this action to the fullest extent permitted by law and;
J. Such other and further relief as the honorable court may deem just and proper.
Respectfully submitted,
A
Kenneth Maciora ?
Sworn to and subscribed before me on this
Notary Public
My commission expires:
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-25
Appendix to Plaintiff's Complaint for Damages
Table or Exhibit Contents
Table 1 Posts by Jerad Finck on the Internet to
third parties
Table 2 Posts by Jeffrey Young on the Internet to
third parties
Table 3 Posts by John Doe 1 (a/k/a XXXXXXXX) on
the Internet to third parties
Exhibit 1 Facebook post by Christine Cowan
Exhibit 2 Plaintiffs letter to the manager of Jerad
Finck
Exhibit 3 Defendant Jerad Finck's Response to
Plaintiffs Letter to Mr. Finck's Manager
Exhibit 4 Defendant Jerad Finck's Facebook Post
Exhibit 5 Plaintiffs Retraction Letter to Jerad
Finck
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-26
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK 10TH JUDICIAL DISTRICT CENTRAL ISLIP, NEW YORK
X
Index No. /
KENNETH MACIORA Date Index No.
Purchased:
V.
CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHNDOE #1 AND ,
To the Person(s) Named as Defendants Above:
PLEASE TAKE NOTICE THAT YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on the Plaintiff at the address set forth below, and to do so within 20 days of service (not counting the day of service itself) or within 30 days after Service is complete if the summons is not delivered personally to you within the State of New York.
YOU ARE HEREBY NOTIFIED THAT should you fail to answer or speak, a judgment will be entered against you by default for the relief demanded in the Complaint.
Plaintiff designates Suffolk County as the venue for this action because the Plaintiff's residence is Suffolk County.
Kenneth Maciora
72 Adelhaide Lane East Islip, NY 11730 (917) 670-9541
Kenneth Maciora Plaintiff— PrO-Se 72 Adelhaide Lane East Islip, NY 1 1730 (917) 670-9541 Pro-Se
SUPREME COURT OF THE STATE OF NEW YORK
10th JUDICIAL DISTRICT CENTRAL ISLIP, NEW YORK SUFFOLK COUNTY
KENNETH MACIORA,
Plaintiff,
CHRISTINE COWAN JERAD FINCK (a/k/a XXXXXXXXXX), JEFFREY YOUNG (a/k/a XXXXXXXX) JOHNDOE#1 (a/k/a XXXXXXXX) INVESTORSHUB.COM, Inc.
Defendants,
) Civil Action No.:
) Complaint: ) Civil Conspiracy ) Prima Facie Tort ) Emotional Distress - Intentional Infliction
) Libel ) Defamation Per Se ) Injurious Falsehood ) Declaratory Judgment
Kenneth Maciora (Plaintiff) alleges against Defendants Christine Cowan, Jerad Finck, Jeffrey
Young, John Doe ffl, and Investorshub.com, Inc. Contemporaneously, the Plaintiff is filing an
Appendix with this action which includes Tables 1-3 and Exhibits 1-5:
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 1
Introduction
1. Plaintiff is informed and believes that beginning around the time period of June 2016, the
Defendants conspired, planned and orchestrated a purposeful, coordinated, vicious and
unlawful attack to destroy the reputation of the Plaintiff by willfully and knowingly
spreading blatantly false information to thousands of investors about the Plaintiff through
several forms of media with the specific intent to hurt the Plaintiff. The Plaintiff is an
investor in a small public company called MEC Inc. (formerly known as MyECheck).
2. The Defendants unlawful conduct was malicious, willful and wanton and showed a
reckless disregard for the Plaintiffs rights which has caused, and continues to cause, the
Plaintiff disgrace, humiliation and shame throughout the world, permanent harm to his
professional and personal reputations, and severe mental anguish and emotional distress.
3. These attacks were planned through emails, texts, private messages on a message board
known as Investors Hub, phone conferences among the Defendants (one of them a New
York resident), and other third parties.
4. None of the Statements were privileged and the statements were false. All of the
actions
by the Defendants which forms the basis for the causes of action in this lawsuit have had a
devastating effect on the Plaintiff's business life and personal life. A list of just some of
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 2
the actions by the Defendants is depicted in the Appendix to this complaint in Tables 1, 2
and 3 and Exhibits 1-5.
5. At no time in the Plaintiff's life has he ever been sued for fraud and therefore, the Plaintiff
has never been convicted of fraud.
6. The Plaintiff has never committed extortion nor has the Plaintiff ever been sued for or
indicted for extortion. Therefore, the plaintiff has never been convicted of extortion.
7. The Plaintiff has never forged anything in his life. The Plaintiff has never been accused of
forging anything. The Plaintiff has never been sued for forgery nor has the Plaintiff ever
been accused of forgery.
8. Any statements that accuse the Plaintiff of fraud, being a convicted fraudster, being a
forger, being an extortionist or any crime are patently false and were made up to destroy
the Plaintiffs reputation and business.
Parties
9. The Plaintiff is a resident of East Islip, New York and has lived in New York his entire
life. He has been a financial services industry professional for almost 30 years and has
never been the subject of any complaint by any regulatory agency that governs the
financial services industry. The Plaintiff has never met Jerad Finck or Jeffrey Young and
has never spoken to them on a telephone. The Plaintiff does not know if he has ever met
John Doe #1 because the name, address and true identity is not known. The Plaintiff met
Christine Cowan for about 5 minutes in the fall of 2014.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-3
10. Plaintiff is informed and believes that Jerad Finck resides in the City of Spokane,
Washington. Jerad Finck has posted and broadcast false messages on Investors Hub
(http://investorshub.advfn.com) and Social media about the Plaintiff. Mr. Finck posts
under the pseudonyms of “XXXXXXXXXX' and “XXXXXXXXX”'. Defendant Jerad Finck is a stock
promoter and a musician.
Plaintiff is informed and believes that Jeffrey Young is a resident of the State of New
York. Jeffrey Young has posted and broadcast false messages on Investors Hub
(http://investorshub.advfn.com) and Social media about the Plaintiff. Mr. Young posts
under the pseudonym of “xxxxxxxxx. Jeffrey Young is a stock promoter.
Plaintiff is informed and believes that John Doe hl is an individual who has published false
messages about the Plaintiff on Investors Hub under the pseudonyms "XXXXXXXX” and
“XXXXXXXXXXX”. John Doe #1 (a/k/a XXXXXXXX and XXXXXXXXXXX) is a stock promoter.
Plaintiff is informed and believes that Christine Cowan is an employee of MEC Inc. and an
officer of one of MEC’s subsidiaries. Ms. Cowan is a resident of California. At all relevant
times, she operated the Facebook account of MEC Inc. Defendant Cowan conspired with
the Defendants to write, post and broadcast false messages about the Plaintiff on MEC’s
social media properties. At all relevant times that form the basis for this action, Defendant
Cowan was at least the co-author of the defamatory posts about the Plaintiff on MEC’s
Facebook page which has harmed the Plaintiff and caused him great mental anguish.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 4
Plaintiff is informed and believes that Defendant Investorshub.com, Inc. runs a website
which features messageboards for discussions related to public companies.
Jurisdiction and Venue
This court has jurisdiction over this matter because it exceeds the minimum
monetary damages requirements for this honorable court.
The Plaintiff is informed and believes that this court has jurisdiction over Jeffrey Young
because Jeffrey Young is a resident of the State of New York. Mr. Young accesses the
Internet through Time Warner Cable and on a specific day during the relevant time period,
he accessed the Internet through an IP address based in the Weedsport and/or Eldridge
New York area. Upon information and belief, Mr. Young lives somewhere in the area of
Syracuse New York.
The Plaintiff is informed and believes that this court has jurisdiction over Jerad Finck
pursuant to New York Statute S 302(a)(1), S302(a)(2), S302 (a)(3)(i), S302(a)(3)(ii). The
Plaintiff is informed and believes and therefore alleges that Mr. Finck planned,
coordinated and carried out a number of his attacks during his course of business as
a stock promoter from the State of New York during July, 2016 while planning,
conspiring and coordinating his attacks against the Plaintiff from the area of Buffalo
New York with a New York resident. Mr. Finck has also performed numerous music
concerts from New York State while maintaining his duties as a stock promoter over the
past 4 years. Finally, Mr. Finck continuously markets and sells his products and Services as
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 5
a musician and promotes stock through interstate commerce and to residents of New York,
many of the sales have been negotiated and completed from within the geographical
boundaries of New York. At all relevant times, Defendant Jerad Finck directed his
activities toward New York knowing that the Plaintiff was a New York resident and his
business was in New York and the impact of the damages would be suffered in New York.
The Plaintiff is informed and believes that this court has jurisdiction over John Doe #1
(a/k/a XXXXXXXX, XXXXXXXXXXX) pursuant to New York Statute S 302(a)(3)(i)(ii). Additional
jurisdiction over John Doe #1 may be determined when the identity of John Doe #1 is
ascertained by the Plaintiff. At all relevant times, Defendant John Doe #1 directed his
activities toward New York and conspired with a New York resident knowing that the
Plaintiff was a New York resident and his business was in New York and the impact of the
damages would be suffered in New York.
The Plaintiff is informed and believes that Christine Cowan is a California resident. The
Plaintiff is informed and believes and therefore alleges that Ms. Cowan planned,
coordinated and carried out a number of her attacks while planning, conspiring and
coordinating her attacks against the Plaintiff with a New York resident. Jurisdiction over
this Defendant is proper pursuant to New York Statute S302(a)(3)(ii). At all relevant times,
Defendant Christine Cowan directed her activities toward New York knowing that the
Plaintiff was a New York resident and his business was in New York and the impact of the
damages would be suffered in New York.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE
#1
AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 6
The Plaintiff is informed and believes that Investorshub.com, Inc. is a Florida corporation.
This Court has jurisdiction over Investorshub.com pursuant to New York Statute S302
(a)(1), (a)(3)(i) and (a)(3)(ii). The company markets and sells its products to New York residents
including the Plaintiff.
Venue is proper because the Plaintiff is a resident of Suffolk County.
Factual Allegations
A stock promoter is generally defined as someone who consistently and enthusiastically
promotes the virtues of an investment in a public stock, regardless of how ridiculous the
promoted virtues of that stock may be. Stock promoters are prevalent in the penny Stock
markets because it is almost impossible for Small and obscure penny Stock companies to
garner the attention of Wall Street analysts and investment banks. Promoters work via 2
general business plans. Some get paid directly from the company or third parties to
promote the virtues of an investment in a public company to induce buying in the Stock.
Other stock promoters make their money and conduct their business by buying Stock in the
targeted company and then causing false information to be published about a public
company. As the stock price goes up, the promoters then sell their stock at inflated prices.
This is commonly referred to in the financial services industry lexicon as a pump and
dump'. Defendants Jerad Finck, Jeffrey Young and John Doe #1 by definition, their work
product, their patterns, and their activities are stock promoters. At all times relevant
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 7
alleged herein, Defendant Christine Cowan conspired with her co-defendants including a
New York resident.
The Plaintiff is informed and believes that Defendant Jerad Finck is a part-time musician.
Most of Mr. Finck's days are spent promoting stocks on the Internet. Over the past 27
months, Mr. Finck has created and been solely responsible for five thousand, four hundred
and eight (5,408) articles, messages or stories about small public companies on Investors
Hub that the Plaintiff knows about. Mr. Finck is also active on social media promoting the
virtues of penny stock companies. He is also a professional message board moderator on
Investors Hub for 3 obscure penny stock companies. The Plaintiff is informed and believes
and therefore alleges that Mr. Finck spends at least 15 hours each week moderating the
message boards of these companies while spending 10-15 hours a week fulfilling his
duties as a stock promoter. Mr. Finck promotes the stock of MEC Inc. (f/k/a MyECheck,
Inc.) while blatantly filing false information.
Mr. Finck is also allegedly a shareholder of MEC, Inc. The Plaintiff is a large shareholder
of MyECheck which is how the Plaintiff allegedly became a target of Mr. Finck's and the
other Defendants attacks. Mr. Finck posts messages about MEC Inc. on most days on
Investors Hub to induce buying in the stock. The Plaintiff is informed and believes and
therefore alleges that numerous torts by Defendant Jerad Finck were committed while he
was working as a musician and a stock promoter within the geographical jurisdiction of
New York State from July 27-July 28, 2016 in the Buffalo, New York area. The Plaintiff is
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 8
27. The Plaintiff is informed and believes that Defendant John Doe h1 is at least a part-time
stock promoter. Over the past 17 months, John Doe il 1 has created and been solely
responsible for three thousand, seven hundred and twenty seven (3.727) articles, messages
and stories about small public companies on Investors Hub. John Doe til is also a
professional message board moderator on Investors Hub for 3 obscure penny stock
companies.
28. In October 2015, Plaintiff Kenneth Maciora purchased shares of MEC from a shareholder
and former employee of MEC. The former employee of MEC did not possess a physical
stock certificate. The employee earned his stock and the stock was vested pursuant to the
terms of an employment agreement.
29. The Plaintiffsent several requests to MEC for them to print a stock certificate. The
Plaintiffs requests were ignored by MEC.
30. On November 18, 2015, Kenneth Maciora, the Plaintiff in this case sued Signature Stock
Transfer (MyECheck's Transfer Agent) in the District Court of Collin County, Texas. The
district court in Texas was the hierarchal equivalent of this honorable court.
31. The Plaintiff requested two forms of relief, a mandatory injunction ordering the Defendant
to issue the stock certificate to the Plaintiff and a declaratory order ordering the Defendant
to include the Plaintiff on the shareholder registrar. Both forms of relief were granted to the
Plaintiff.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 10
32. On August 15th, 2016 and after 9 months of litigation and hundreds of pages of legal
filings, a FINAL JUDGMENT was signed by Judge Roach in favor of the Plaintiff based on
the law, the official records, the pleadings and the settlement of the two parties. The Court
ordered the transfer agent to issue the stock to me WHICH THEY DID and to include me
on the shareholder registrar WHICH THEY DID.
The Plaintiff is informed and believes that Sometime in the first half of 2016, it became
known to several MyECheck shareholders and the Defendants that the Plaintiff was
involved with 2 lawsuits against two of MEC’s agents or vendors. Those lawsuits exposed
Some alleged wrongdoings of MEC Inc. including millions of dollars of assets that were
not on the books, personal spending using corporate accounts by company executives, and
other alleged civil and potentially criminal accusations. These alleged corporate
wrongdoings and fraud by the Company's Chief Executive Officer and other corporate
officers have also been alleged in other court filings by parties not related to this lawsuit.
To wit, the Chief Executive Officer attempted to transfer several million dollars in assets
owned by the company to trusts controlled by him. The Plaintiff is informed and believes
and therefore alleges that the Defendants began to plan, orchestrate and carry out a
purposeful attack to destroy the reputation of the Plaintiff because his true statements
about MEC were affecting their promotion and their Pump and Dump.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 11
The Plaintiff is informed and believes that the Defendants planned, coordinated,
Supervised and carried out attacks directed at the Plaintiff with the help of others after
news of the lawsuits got out.
The Plaintiff is informed and believes that sometime in the month of June 2016, Defendant
Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.
On June 11, 2016 and when the attacks first began, the Plaintiffsent a letter to the manager
of Jerad Finck because he did not have the address of Mr. Finck at that time (see Exhibit
2).
On June 12, 2016, Mr. Finck sent a response back to the Plaintiff stating that the Plaintiff
was sued for fraud which was untrue. (See Exhibit 3). Mr. Finck also sited defenses for his
attacks which are still perplexing to this day based on a theory of law for which no case
law exists.
Sometime in June of 2016, Defendant Jerad Finck published a letter on Facebook (Exhibit
4) to several hundred MyECheck supporters and shared my email with them. Upon
information and belief, all of the Defendants in this action were part of that Facebook
group. Here are two excerpts from the Facebook post by Defendant Jerad Finck which was
published to hundreds of investors. The Facebook post (Se Exhibit 4) was written by Jerad
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 12
Finck. "This is called taking one for the team "This douche is going down Emphasis
added. It was clear by the words written by Mr. Finck that there was a conspiracy in place
to harm the Plaintiff and the intent was to DESTROY the Plaintiff. Jeffrey Young who is a
New York resident was part of Mr. Finck's team.
On November 17, 2016, the Plaintiff sent Mr. Finck a retraction letter (Exhibit 5) via email
and certified letter. Within the letter, the Plaintiff depicted many defamatory and untrue
statements that Defendant Jerad Finck made which has caused the Plaintiff severe
emotional distress, mental anguish, personal harm, business harm and lost business. The
Plaintiff explained in the retraction letter why Defendant Finck's statements were untrue.
None of the Plaintiffs requests were complied with.
Up and until the filing of this lawsuit, the planned, systematic, continuous and orchestrated
attack by the Defendants has not stopped.
Claim 1 - Civil Conspiracy (Against Defendants Finck, Young,
John Doe #1 and Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
The Defendants coordinated, planned, agreed and orchestrated the unconscionable attack
on the Plaintiff by communicating through email, private massages, telephone
conversations and texts.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 13
44. The Defendants purposefully and willfully participated in the acts as a group.
45. The Defendants posted false messages about the Plaintiff on the Internet and Social Media
while working in concert with one another to destroy the relationship of the Plaintiff and to
cause him and his business great monetary harm, personal harm and mental anguish. Much
of the posts by the Defendants were responses to each other's posts on Investors Hub
which was purposefully done to make their false statements look true. The statements
about the Plaintiff were false.
46. The Statements injured the reputation of the Plaintiff-both from a personal and
professional standpoint because the false statements and false accusations were seen by
thousands of investors and Corporate CEOs and these false statements subjected the
Plaintiff to hatred, ridicule, contempt and obloquy.
47. As a result of the coordination and plan to work together, the Defendants actions in the
conspiracy damaged the Plaintiff. The results which were not limited to but included
mental anguish, emotional distress, personal harm, business harm and lost business.
Claim 2 - Prima Facie Tort (Against Defendants Finck and Young)
48. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
49. Defendants Jerad Finck and Jeffrey Young posted a headline that read, inter alia,
MyECheck vs Kenneth Maciora. Securities Litigation. Defendant Jerad Finck posted it at
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 14
44. The Defendants purposefully and willfully participated in the acts as a group.
45. The Defendants posted false messages about the Plaintiff on the Internet and Social Media
while working in concert with one another to destroy the relationship of the Plaintiff and to
cause him and his business great monetary harm, personal harm and mental anguish. Much
of the posts by the Defendants were responses to each other's posts on Investors Hub
which was purposefully done to make their false statements look true. The statements
about the Plaintiff were false.
46. The Statements injured the reputation of the Plaintiff-both from a personal and
professional standpoint because the false statements and false accusations were seen by
thousands of investors and Corporate CEOs and these false statements subjected the
Plaintiff to hatred, ridicule, contempt and obloquy.
47. As a result of the coordination and plan to work together, the Defendants actions in the
conspiracy damaged the Plaintiff. The results which were not limited to but included
mental anguish, emotional distress, personal harm, business harm and lost business.
Claim 2 - Prima Facie Tort (Against Defendants Finck and Young)
48. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
49. Defendants Jerad Finck and Jeffrey Young posted a headline that read, inter alia,
MyECheck vs Kenneth Maciora. Securities Litigation. Defendant Jerad Finck posted it at
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 14
44. The Defendants purposefully and willfully participated in the acts as a group.
45. The Defendants posted false messages about the Plaintiff on the Internet and Social Media
while working in concert with one another to destroy the relationship of the Plaintiff and to
cause him and his business great monetary harm, personal harm and mental anguish. Much
of the posts by the Defendants were responses to each other's posts on Investors Hub
which was purposefully done to make their false statements look true. The statements
about the Plaintiff were false.
46. The Statements injured the reputation of the Plaintiff-both from a personal and
professional standpoint because the false statements and false accusations were seen by
thousands of investors and Corporate CEOs and these false statements subjected the
Plaintiff to hatred, ridicule, contempt and obloquy.
47. As a result of the coordination and plan to work together, the Defendants actions in the
conspiracy damaged the Plaintiff. The results which were not limited to but included
mental anguish, emotional distress, personal harm, business harm and lost business.
Claim 2 - Prima Facie Tort (Against Defendants Finck and Young)
48. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
49. Defendants Jerad Finck and Jeffrey Young posted a headline that read, inter alia,
MyECheck vs Kenneth Maciora. Securities Litigation. Defendant Jerad Finck posted it at
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 14
least 12 times over a short-term period. Emphasis Added Defendant Jeffrey Young
posted it at least 5 times in bold type over a short-term period. Emphasis Added. The
Posts referred to a frivolous and baseless lawsuit filed by MEC Inc.
There was no reasonable professional or procedural justification on why Defendants Finck
and Young posted the same post 12 times and 5 times respectively. The Defendants
intended to harm the Plaintiff.
The Defendants were not posting the information with any privilege because they were not
parties to a lawsuit.
There were no obvious and purposeful benefit to society for the posts.
The posts damaged the Plaintiff by subjecting and exposing the Plaintiff to hatred,
contempt, ridicule and obloquy and the statement that was repeated over and over by the
Defendants.
The sole purpose of the posts was to harm the Plaintiff.
Claim 3 - Emotional Distress - Intentionally Inflicted (Against Defendants Finck, Young, John Doe and Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
The Defendants engaged in conduct toward the Plaintiff that was so extreme and
outrageous so as to exceed the bounds of decency in a civilized Society.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 15
Jerad Finck posted on the Internet and Social Media that the Plaintiff"was going to get a
huge Wake up call'. Because the CEO of the company was known to be a psychopath who
has been arrested multiple times including at least 3 times in 2016, the Plaintiff was and
continues to be in great fear. Mr. Finck also called the Plaintiff a scumbag, convicted
fraudster, extortionist, slime ball, fraudster scumbag, Scumbag con artist, bullshitscam
artist, Scamming fraudster, scamming con artist, fraud, conman, known fraudster, douche,
bullshit artist, clown. Mr. Finck said that the Plaintiff was involved in an attempt to “extort
shares”. Finally Mr. Finck said, "Shareholders Should Sue. They should put together a
lawsuit against Ken Maciora for Forgery, Libel, coercion (emailing and harassing
investors), and defamation.
During 2016, Mr. Finck's and Mr. Young's actions and posts were so outrageous that they
called the Plaintiff's wife a dog washer. Even when the Plaintiff told Mr. Finck through a
retraction letter that the statement was false and that his wife was employed by medical
doctors, Defendants Young and Finck refused to retract the statements.
Jeffrey Young posted on the Internet and Social Media, inter alia, that the Plaintiff was
Swindling shares, extorting, forging papers and stealing shares.
John Doe #1 posted on the Internet, inter alia, that the Plaintiff was a fraudster, share
Scammer, accused of extortion, share fraudster, involved in criminal behavior.
Christine Cowan wrote and published the following statement (See Exhibit l) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 16
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
Stock from the company.”
The Defendants posted the statements with no intention to benefit society and with an
intent to cause damages to the Plaintiff including but not limited to mental anguish,
emotional distress, depression, lost sleep and damages to his personal and professional
reputation.
The campaign by the Defendants has caused the Plaintiff severe emotional distress and
mental anguish. As a result, the Plaintiffs income has dropped and he has had a difficult
time dealing with normal business activities. The Defendants actions have affected the
Plaintiffs personal and business life. The Plaintiff has also had a difficult time sleeping
and has been depressed as a result of the injuries caused by the Defendants.
Claim 4- Libel (Against Defendants Finck, Young, John Doe 1 and
Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
All of the Defendants have published statements of fact about the Plaintiff that are false.
The Defendants published the statements to third parties and the statements were read by
third parties.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 17
67. For example, Jerad Finck said that the Plaintiff was a “convicted fraudster” and the
Plaintiff was involved in an "obvious attempt to extort shares'. All of these statements
were written by Defendant Finck as statements of fact and they were false statements.
68. For example, Jeffrey Young said the Plaintiff was involved in an extortion scheme. This
was written as a statement of fact and it was a false statement.
69. John Doe l said I attempted to "fraudulently gain tens of millions of shares of common
stock.” That was a false statement. John Doe l also said I submitted “forged documents to
auditors.” All of John Doe l's postings were written as statements of fact and they were
false statements.
70. Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.”
71. All the Defendants statements were published to third parties.
72. All of the Defendant's statements were libelous because they were false. The false
statements by the Defendants accused the Plaintiff of crimes which DID NOT HAPPEN,
the Statements were Libel Per Se.
Claim 5 — Defamation Per Se (Against Defendants Finck, Young, John Doe 1 and Cowan)
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 18
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
All of the Defendants have published statements of fact about the Plaintiff that are false
and accused the Plaintiff of committing a crime. Those statements were false. The
Defendants” statements were Defamation Per Se.
For example, Jerad Finck said that the Plaintiff was a "convicted fraudster” and the
Plaintiff was involved in an "obvious attempt to extort shares'. All of these statements
were written as statements of fact and they were false statements.
For example, Jeffrey Young said the Plaintiff was involved in an extortion scheme. This
was written as a statement of fact and it was a false statement.
John Doehl said the Plaintiff attempted to “fraudulently gain tens of millions of shares of
common stock.” That was a false statement. John Doe 1l also said the Plaintiff Submitted
“forged documents to auditors.” All of John Doe l's statements were written as
statements of fact and they were false statements.
Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 19
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.”
The Statements by the Defendants were all statements of fact. All the statements are
categorically false. All the statements accuse the Plaintiff of a crime WHICH DID NOT
HAPPEN.
The statements by the Defendants have injured this Plaintiff in his profession and personally.
Claim 6 - Injurious Falsehood (Against Defendants Finck, Young, John Doe #1 and Cowan)
The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
The Defendants maliciously harmed the Plaintiff with outrageous conduct with the specific
intent to destroy the Plaintiff's reputation.
The statements made by the Defendants were false.
The Defendants intended to harm the Plaintiff with their false statements.
Jerad Finck posted on the Internet and Social Media that the Plaintiff “was going to get a
huge wake up call'. Mr. Finck also called the Plaintiff a scumbag, convicted fraudster,
Slime ball, fraudster Scumbag, Scumbag con artist, bullshit scam artist, scamming
fraudster, Scamming con artist, fraud, conman, known fraudster, douche, bullshit artist,
clown. Mr. Finck said that the Plaintiff was involved in an attempt to “extort shares”.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-20
Finally Mr. Finck said, "Shareholders Should Sue. They should put together a lawsuit
against Ken Maciora for Forgery, Libel, coercion (emailing and harassing investors), and
defamation.”
Jeffrey Young posted on the Internet and Social Media, inter alia, that the Plaintiff was
Swindling shares, extorting, forging papers and stealing shares.
John Doe #1 posted on the Internet, inter alia, that the Plaintiff was a fraudster, share
scammer, accused of extortion, share fraudster, involved in criminal behavior.
Christine Cowan wrote and published the following statement (See Exhibit 1) on MEC’s
Facebook account. "Ken Maciora is a professional extortionist, he along with cooperation
from Ed Boozer, Bill Delgado, and Rod Zalunardo are attempting to extort cash and/or
stock from the company.
All of the Defendants continuously posted on the Internet that the Plaintiff was sued for
fraud. That was a false statement. As a result of the Defendants false statements, the
Plaintiff has lost as least five potential business accounts to date as a result of these false
Statements.
Defendant Jerad Finck's words were, “This douche is going down”
Defendant Jeffrey Young posted many of his defamatory statements with the Internet
abbreviation of LOL (lots of laughs)
None of the Defendants have ever met the Plaintiff.
None of the Defendants have ever spoken to the Plaintiff.
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-21
94. The Plaintiffs posted these messages as statements of fact which were false with the intent
to destroy the reputation of the Plaintiff and harm the Plaintiff.
95. All of the statements were published to third parties and thousands of investors across the
Internet and Social Media
96. An actual and justifiable cause of action exists between the Plaintiff and the Defendants.
Claim 7 - Declaratory Judgment (Against Defendant Investorshub.com, Inc.)
97. The Plaintiff re-affirms and alleges paragraphs 1-41. The Plaintiff also reaffirms and
alleges and Tables 1, Table 2 and Table 3 and Exhibits 1-5 in the Appendix.
98. This Court should adjudge that as a result of Defendants John Doe #1 and Jeffrey Young's
actions, a cause of action is available to the Plaintiff in which he can Sue Defendants John
Doe l and Jeffrey Young. John Doe #1's and Jeffrey Young's statements, participation in
the conspiracy, and behavior has caused damage to the Plaintiff.
99. This Court should adjudge, order and decree that Defendant Investorshub.com, Inc. shall
give to Plaintiff in written form the name of the individual who controls the account using
the alias XXXXXXXX, the address of the individual who controls the account using the alias
XXXXXXXX. Defendant Investorshub.com, Inc. shall also give the IP address linked to posts
100. This Court should adjudge, order and decree that Defendant Investorshub.com, Inc.
shall give to Plaintiff in written form the name of the individual who controls the account
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 22
using the alias XXXXXXXXXXX and XXXXXXXX, the address of the individual who controls the
account using the alias’ XXXXXXXXXXX and XXXXXXXX. Defendant Investorshub.com, Inc. shall
also give the IP address linked to posts
Claim for Relief
WHERFORE, Plaintiff Kenneth Maciora prays that the court enters judgment in his favor
against all Defendants as follows:
A. A Declaratory Judgment that the actions, behavior, conduct, practices and conspiracy
of Defendants Finck, Young, John Doehl and Cowan were defamatory and
intentionally or recklessly caused the Plaintiff to suffer severe emotional distress;
B. An injunction and order permanently restraining Defendants Finck, Young, John
Doe l and Cowan from engaging in such unlawful conduct against the Plaintiff,
C. A mandatory injunction and declaratory order ordering Defendant Investorshub.com,
Inc. to deliver to the Plaintiff the identities and addresses of posters XXXXXXXXXXX,
XXXXXXXX and XXXXXXXX and the IP addresses linked to posts
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 23
D. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all monetary
and/or economic harm;
E. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for harm to his
professional and personal reputations and loss of career fulfillment;
F. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all non-monetary
and/or compensatory harm, including, but no limited to, compensation for his mental
anguish,
G. An award of damages against Defendants Finck, Young, John Doe l and Cowan for
any and all other monetary and/or non-monetary losses suffered by the Plaintiff in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest;
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 24
.
D. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all monetary
and/or economic harm;
E. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for harm to his
professional and personal reputations and loss of career fulfillment;
F. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all non-monetary
and/or compensatory harm, including, but no limited to, compensation for his mental
anguish,
G. An award of damages against Defendants Finck, Young, John Doe l and Cowan for
any and all other monetary and/or non-monetary losses suffered by the Plaintiff in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest;
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 24
D. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all monetary
and/or economic harm;
E. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for harm to his
professional and personal reputations and loss of career fulfillment;
F. An award of damages against Defendants Finck, Young, John Doe l and Cowan in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest, to compensate the Plaintiff for all non-monetary
and/or compensatory harm, including, but no limited to, compensation for his mental
anguish,
G. An award of damages against Defendants Finck, Young, John Doe l and Cowan for
any and all other monetary and/or non-monetary losses suffered by the Plaintiff in an
amount to be determined at trial, but a least the sum of $1,000,000 against each
Defendant, plus prejudgment interest;
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT - 24
H. An award of punitive damages against Defendants Finck, Young, John Doe l and
Cowan for $1,000,000 each or an amount that would be determined to be fair and just;
I. An award of all costs against Defendants Finck, Young, John Doe l and Cowan that
the Plaintiff has incurred in this action to the fullest extent permitted by law and;
J. Such other and further relief as the honorable court may deem just and proper.
Respectfully submitted,
A
Kenneth Maciora ?
Sworn to and subscribed before me on this
Notary Public
My commission expires:
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-25
Appendix to Plaintiff's Complaint for Damages
Table or Exhibit Contents
Table 1 Posts by Jerad Finck on the Internet to
third parties
Table 2 Posts by Jeffrey Young on the Internet to
third parties
Table 3 Posts by John Doe 1 (a/k/a XXXXXXXX) on
the Internet to third parties
Exhibit 1 Facebook post by Christine Cowan
Exhibit 2 Plaintiffs letter to the manager of Jerad
Finck
Exhibit 3 Defendant Jerad Finck's Response to
Plaintiffs Letter to Mr. Finck's Manager
Exhibit 4 Defendant Jerad Finck's Facebook Post
Exhibit 5 Plaintiffs Retraction Letter to Jerad
Finck
KENNETH MACIORA V CHRISTINE COWAN, JERAD FINCK, JEFFREY YOUNG, JOHN DOE #1 AND INVESTORSHUB.COM, INC. - ORIGINAL COMPLAINT-26
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