DD Support Board and Research Team

[janice shell]

Good point.

[KelliBlue]

Except goats. Goats have intrinsic value. They can be bred, eaten, milked, etc.

[janice shell]

Yep. You got it.

[Koog]

Got it. These guys are modern Forty-Niners.

I'll be content to invest in Levi Strauss (Intel Corp. retiree) rather than trying to dig gold.

[janice shell]

No, I don't really think so. The "mining" thing was a semi-clever reference to real miners. Yes, bitcoin mining favors techies. Real mining favors experts in the business.

There's a fixed amount of gold on the planet. And so the creator of bitcoin planned for a fixed amount of bitcoin. At the beginning, some gold was relatively easy to mine; you didn't need to be a real expert. Over time, that changed, as surface mineralization was played out, and going further and further underground became more expensive.

The same was true with bitcoin. Initially, you didn't have to be a pro to mine bitcoin. But as they became more and more scarce, more and more computing power was required. Nowadays, vast amounts are needed; bitcoin mining doesn't require smarts; as I understand it, it's a brute force thing. So miners move to places with cheap electricity, and still have huge bills.

With gold, miners moved to more and more difficult projects, cost per ounce soared. That was fine when the metal was at its highs; not so much when it crashed. The same is likely to be true of bitcoin.

After all, the value of anything is up to the market. Of course, you can't hack physical gold.

[Zorax]

Guess I'm not understanding then. That original guys bitcoin can't go over 21 million. But aren't the newer creations bitcoin with no limit.
Last post til midnight.

[Koog]

I'm just a 65 year old guy who doesn't know the first thing about cryptocurrencies. But something bugs me about the whole scheme.

People "mine" coins. Something about finding "blocks".

Would this be similar to someone sneaking into Ft. Knox (if we were on the gold standard) and taking a few ounces of gold that no one is using?

[janice shell]

I agree. Unless they forgot the password to their wallet. If so, they're still not rich.

[Sleepy2016]

Only 21 million Bitcoin can ever be mined. Ever. That number is built into the algorithm and the difficulty to mine each one grows logarithmically with each one mined. Built-in scarcity is the point.

It's a fun game until the music stops.

[Zorax]

This I believe was was invalidated a few years ago with other created bitcoin operations. I don't think he calculated other organizations just creating their own.

Supply
Total bitcoins in circulation.[48]

The successful miner finding the new block is rewarded with newly created bitcoins and transaction fees.[55] As of 9 July 2016,[56] the reward amounted to 12.5 newly created bitcoins per block added to the blockchain. To claim the reward, a special transaction called a coinbase is included with the processed payments.[3]:ch. 8 All bitcoins in existence have been created in such coinbase transactions. The bitcoin protocol specifies that the reward for adding a block will be halved every 210,000 blocks (approximately every four years). Eventually, the reward will decrease to zero, and the limit of 21 million bitcoins[e] will be reached c. 2140; the record keeping will then be rewarded by transaction fees solely.[57]

In other words, bitcoin's inventor Nakamoto set a monetary policy based on artificial scarcity at bitcoin's inception that there would only ever be 21 million bitcoins in total. Their numbers are being released roughly every ten minutes and the rate at which they are generated would drop by half every four years until all were in circulation.[58]

[Sleepy2016]

Why? I don't care. I probably would have stressed the F out trying to dig it up when BTC hit $100, then stressed again trying to legally sell them then, then had to hire a lawyer and probably an accountant to make it legal and pay taxes.

Then end up with about $50 in profit. Minus 10 years of my life in stress.

Anyone who tells you they held from 8 cents to $13,000 is a goddamned liar. Or a fool. Maybe both.

[janice shell]

That is very painful to hear...

[Sleepy2016]

I threw away a hard drive in 2010 with 13 Bitcoin in it. Worth less than $1 total then, probably cost $10 in electricity to mine it. True story.

[Sleepy2016]

No, ICO's are a feature of the Ethereum cryptocurrency blockchain. It's a great feature but was instantly exploited by scammers with nothing to lose from their ginormous Bitcoin profits.

Greed kills.

[Sleepy2016]

Mtgox? Magic the Gathering Online Exchange?

Never heard of it. :)


(For those not in on my joke mtgox.com was originally set up as a market to resell trading cards for a game. Like a step below baseball cards. Except the transactions were in Bitcoin. Before long their system for transacting Bitcoin surpassed the entire value of the company printing the cards. Hell it surpassed the economies of most countries before an insider decided to steal it all)

[janice shell]

Ask 1manband tomorrow, too. Or perhaps he'll see your post. He knows a lot about NOLs. They don't necessarily work the way you think.

https://investorshub.advfn.com/boards/read_msg.aspx?message_id=132917074

[janice shell]

Things that are important to people always have value. In fact, they're the only things that do. Nothing really has intrinsic value.

[janice shell]

They both post on this board.

[integral]

I know, my mother-in-law is a counselor in the General Counsel office for a national hospital group. She wanted to be a Doctor, but her undergrad was in European History. She and I have this discussion once a year about the economical impact. It always seems to come up. My daughter in marine science major, she has not figured it out yet. But working on it.

I hope investors don't think they can eat bitcoin that just got hacked. Their bitcoin wallet is not made of ostrich leather.

[MakinBank]

Integral can you answer- what hinders a potential buyer from buying say 16% of an NOL thus becoming 16% owner (assuming does not take on prior liabilities) - section 382 says what that total NOL cannot be taken in one here? how much can; AFR rate of like 4% a year? really?

my last post for the day. tia

thank you Janice will ask 1manband if I don't get a response

[janice shell]

No, I don't think so, if Integral or 1manband couldn't help you.

[MakinBank]

hey do you know anyone who can answer section 382 question? not just any tax accountant perhaps a specialist? anyone over at SEC maybe to advise?

[janice shell]

This is a growing problem. Just beginning.

I sometimes wish I'd bought some bitcoin back around 2011. But probably I'd just have used Mt Gox--then considered the most reliable whatever it was--and lost it all.

As you say, that's no doubt in the future of many cryptocurrency players.

[janice shell]

Ah, nothing like the demise of an economy in the 17th century based on a plant with nearly no valuable impact to society.

The Dutch would disagree. Flowers are VERY important to them. All of them. In the end, which will be worth more, tulips or bitcoin? You never know. In desperation, you could at least eat tulip bulbs.

[janice shell]

As predicted, the massive volatility and skyrocketing transaction costs are now causing merchants to deny bitcoin as payment:

Bitcoin up to 14,000 today. That's just ridiculous.

[Zorax]

Are they going to allow us to pay for subs and Ihub services in ihub bitcoin? Think advfn will cash in our mined coins?
I'm getting in on the ground floor and starting to mine tonight.
I mean getting in below the ground.

[Zorax]

Huh? Didn't I get the letters right? I meant initial cryprocurrency offering, like the IPO's, which is indeed a form of bitcoin.
Perhaps I'm confused?

[Koog]

It seems iHub is trying to launch its own cryptocurrency effort (SMH):

https://investorshub.advfn.com/InvestorsHub-and-PlusOneCoin-The-journey-begins-PlusOneCoin-32755/

[I-Glow]

I don't know how long you have been following cryptocurrencies but there was a Bitcoin Exchange called Mt. Gox that handled somewhere between 60 and 75% of all Bitcoin transactions in 2013 and 2014.

There was close to $450 million in Bitcoins "missing" in 2014. Mt. Gox filed for bankruptcy.

Ethereum has also been breached/hacked by way of wallet software.

Someone could use the old school keyloggers - and waits for you to put in the password to your wallet - then they have control.

[Sleepy2016]

Bitcoin has nothing to do with ICO's.

[Zorax]

Have no fear, there are many bitcoin ico's and companies in line to create their own bitcoins to take up the slack.

Wonder if the commodity markets are rethinking about that bitcoin commodity exchange they talked about last couple of weeks.

[stockmasterflash]

Alpha Capital Anstalt et al v. Imaging3, Inc.
New York Southern District Court
Judge: Gregory H Woods
Case #: 1:17-cv-06966
Nature of Suit 140 Contract - Negotiable Instrument
Cause 28:1332ni Diversity-Negotiable Instrument
Case Filed: Sep 13, 2017

Docket
Parties (3)

Docket last updated: 12/05/2017 11:59 PM EST
Tuesday, December 05, 2017
40 motion Conference Tue 10:19 AM
LETTER MOTION for Conference addressed to Judge Gregory H. Woods from David S. Hoffner dated Dec. 5, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David)
Wednesday, November 29, 2017
39 order Order on Motion for Preliminary Injunction Wed 12:07 PM
ORDER denying29 Motion for Preliminary Injunction. For the reasons stated on the record during the conference on November 28, 2017, plaintiffs' motion for a preliminary injunction is denied. After a review of the docket, the Court notes that a case management plan was ordered on October 24, 2017. Dkt. No. 20. In light of today's conference, the parties may file a joint letter proposing a modified case management plan if they believe it to be necessary. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
Tuesday, November 28, 2017
minutes Oral Argument Tue 4:16 PM
Minute Entry for proceedings held before Judge Gregory H. Woods: Oral Argument held on 11/28/2017 re:29 MOTION for Preliminary Injunction . filed by Brio Capital Master Fund, Ltd., Alpha Capital Anstalt. (Court Reporter Alena Lynch) (Daniels, Anthony)
Monday, November 20, 2017
38 respm Declaration in Support of Motion Mon 5:32 PM
DECLARATION of Yosef Milgrom in Support re:29 MOTION for Preliminary Injunction .. Document filed by Alpha Capital Anstalt.(Hoffner, David)
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
37 respm Reply Memorandum of Law in Support of Motion Mon 5:24 PM
REPLY MEMORANDUM OF LAW in Support re:29 MOTION for Preliminary Injunction . . Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd.. (Hoffner, David)
Friday, November 17, 2017
36 respm Declaration in Opposition to Motion Fri 10:13 PM
DECLARATION of Dane Medley in Opposition re:29 MOTION for Preliminary Injunction .. Document filed by Imaging3, Inc.. (Johnson-Sardella, Jenny)
35 12 pgs respm Memorandum of Law in Opposition to Motion Fri 10:11 PM
MEMORANDUM OF LAW in Opposition re:29 MOTION for Preliminary Injunction . . Document filed by Imaging3, Inc.. (Johnson-Sardella, Jenny)
Tuesday, November 14, 2017
34 answer Answer to Complaint Tue 9:36 PM
ANSWER to1 Complaint with JURY DEMAND. Document filed by Imaging3, Inc..(Hunter, Mark)
33 misc Rule 7.1 Corporate Disclosure Statement Tue 9:34 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Imaging3, Inc..(Hunter, Mark)
Friday, November 10, 2017
32 respm Declaration in Support of Motion Fri 3:25 PM
DECLARATION of Yosef Milgrom in Support re:29 MOTION for Preliminary Injunction .. Document filed by Alpha Capital Anstalt.(Hoffner, David)
Att: 1 Complaint,
Att: 2 Note, dated 4-27-15,
Att: 3 Note, dated 8-27-15,
Att: 4 Note, dated 5-4-16,
Att: 5 Note, dated 1-6-17,
Att: 6 Note, dated 1-25-17,
Att: 7 Note, dated 2-24-17,
Att: 8 Note, dated 3-24-17,
Att: 9 SPA, dated 4-27-15,
Att: 10 Note Amendment Agreement, dated 1-5-17,
Att: 11 Warrant, dated 7-30-13,
Att: 12 Warrant Exercise, dated 6-6-17,
Att: 13 Stock Certificate, dated 8-16-17,
Att: 14 Form 10-K/A, dated 5-9-17,
Att: 15 Form 10-Q, dated 5-22-17,
Att: 16 Form 10-Q, dated 8-4-17,
Att: 17 Form 8-K, dated 5-31-17,
Att: 18 Bankruptcy Docket,
Att: 19 Imaging3 Bankruptcy Motion, dated 7-9-13,
Att: 20 District Court (C.D. Cal.) Order, dated 3-3-14
31 respm Declaration in Support of Motion Fri 2:10 PM
DECLARATION of Shaye Hirsch in Support re:29 MOTION for Preliminary Injunction .. Document filed by Brio Capital Master Fund, Ltd..(Hoffner, David)
Att: 1 Exhibit Note, dated 10-27-15,
Att: 2 Exhibit Note, dated 2-27-16,
Att: 3 Exhibit Note, dated 10-26-16,
Att: 4 Exhibit Note, dated 1-6-17,
Att: 5 Exhibit Note, dated 1-25-17,
Att: 6 Exhibit Note, dated 2-24-17,
Att: 7 Exhibit Note, dated 3-24-17,
Att: 8 Exhibit Note Amendment Agreement, dated 1-5-17
30 23 pgs respm Memorandum of Law in Support of Motion Fri 2:00 PM
MEMORANDUM OF LAW in Support re:29 MOTION for Preliminary Injunction . . Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd.. (Hoffner, David)
29 motion Preliminary Injunction Fri 1:59 PM
MOTION for Preliminary Injunction . Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David)
Tuesday, November 07, 2017
28 misc Notice of Filing Transcript Tue 11:58 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/23/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
27 misc Transcript Tue 11:55 AM
TRANSCRIPT of Proceedings re: CONFERENCE held on 10/23/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Eve Giniger, [phone]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2017. Redacted Transcript Deadline set for 12/8/2017. Release of Transcript Restriction set for 2/5/2018.(McGuirk, Kelly)
Friday, November 03, 2017
26 order Memo Endorsement ~Util - Set Deadlines Mon 7:00 AM
MEMO ENDORSEMENT on re:25 Letter filed by Brio Capital Master Fund, Ltd., Alpha Capital Anstalt. ENDORSEMENT: Application granted with modification. The deadline for Plaintiffs to file their motion for a temporary restraining order and preliminary injunction is extended to November 10, 2017. The deadline for Defendant's opposition is extended to November 17, 2017. The deadline for Plaintiffs' reply, if any, is extended to November 20, 2017 at 12:00 p.m. ( Motions due by 11/10/2017., Responses due by 11/17/2017, Replies due by 11/20/2017.) (Signed by Judge Gregory H. Woods on 11/3/2017) (mro)
25 misc Letter Fri 12:52 PM
LETTER addressed to Judge Gregory H. Woods from David S. Hoffner dated November 3, 2017 re: request for revised briefing schedule. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David)
Thursday, November 02, 2017
24 order Order Thu 10:34 AM
ORDER. As stated on the record during the telephone conference on October 31, 2017, Defendant's motion to dismiss Plaintiff's complaint is due no later than November 14, 2017. Plaintiffs' opposition to the motion to dismiss is due no later than three weeks after service of the motion. Defendant's reply, if any, is due no later than one week after service of Plaintiffs' opposition. Plaintiffs' motion for a temporary restraining order and preliminary injunction is due no later than November 7, 2017. Defendant's opposition to that motion is due no later than November 15, 2017. Plaintiffs' reply, if any, is due no later than November 17, 2017. As was discussed during the October 31, 2017 conference, the Court would like to accommodate Plaintiffs' request to hold a hearing on their motion prior to November 25, 2017. Unfortunately, the Court's calendar simply will not permit it. Therefore, the Court will hold a hearing on Plaintiffs' motion on November 28, 2017 at 10:00 a.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007. Because the Court is unable to schedule the hearing prior to November 25, 2017, the parties may apply for additional time within which to brief Plaintiffs' motion if they believe additional time is needed. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 23. (Signed by Judge Gregory H. Woods on November 2, 2017) (Woods, Gregory)
Tuesday, October 31, 2017
minutes Telephone Conference Wed 10:34 AM
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/31/2017. (Court Reporter Sam Mauro) (Daniels, Anthony)
Monday, October 30, 2017
23 motion Conference Mon 4:48 PM
LETTER MOTION for Conference re:22 Order on Motion for Conference, addressed to Judge Gregory H. Woods from David S. Hoffner dated October 30, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David)
Friday, October 27, 2017
22 2 pgs order Order on Motion for Conference Fri 3:06 PM
ORDER granting21 Letter Motion for Conference. Application granted. The Court will hold a pre-motion conference by telephone to discuss Defendant's anticipated motion to dismiss on October 31, 2017 at 3:00 p.m. The parties are directed to jointly call Chambers (212-805-0296) at that time with all parties on the line. SO ORDERED. (Telephone Conference set for 10/31/2017 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 10/27/2017) (anc)
Thursday, October 26, 2017
21 motion Conference Thu 11:18 PM
LETTER MOTION for Conference re:1 Complaint addressed to Judge Gregory H. Woods from Mark David Hunter, Esq. dated October 26, 2017. Document filed by Imaging3, Inc..(Hunter, Mark)
Tuesday, October 24, 2017
20 order Scheduling Order Tue 12:44 PM
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Motions for summary judgment, if any, shall be filed no later than 5/9/2018. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by 2/23/2018. Fact Discovery due by 2/23/2018. Expert Discovery due by 4/9/2018. Status Conference set for 4/23/2018 at 04:00 PM before Judge Gregory H. Woods. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. (Signed by Judge Gregory H. Woods on 10/24/2017) (mro)
19 order Order Tue 11:49 AM
ORDER. As stated on the record during the initial pretrial conference in this matter on October 23, 2017, the time within which Defendant may answer or otherwise respond to the complaint is extended to October 26, 2017. As set forth in Rule 2(C) of the Court's Individual Rules of Practice in Civil Cases, Defendant's obligation to answer or otherwise respond to the complaint will be stayed if Defendant files a pre-motion letter regarding its anticipated motion to dismiss no later than October 26, 2017. (HEREBY ORDERED by Judge Gregory H. Woods on October 24, 2017) (Text Only Order)(Woods, Gregory)
Monday, October 23, 2017
minutes Pretrial Conference - Initial Mon 5:09 PM
Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 10/23/2017. (Court Reporter Eve Giniger) (Daniels, Anthony)
Monday, October 16, 2017
18 misc Letter Mon 5:01 PM
LETTER addressed to Judge Gregory H. Woods from David S. Hoffner dated October 16, 2017 re: Joint Status Report. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David)
Wednesday, October 04, 2017
17 2 pgs order Order for Initial Pretrial Conference Wed 11:49 AM
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/23/2017 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods; and as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/4/2017) (anc)
Monday, October 02, 2017
16 1 pgs order Order on Motion for Extension of Time Mon 6:22 PM
ORDER granting15 Letter Motion for Extension of Time. Application granted. The deadline for Defendant to answer or otherwise respond to the complaint is extended to October 23, 2017. SO ORDERED. (Signed by Judge Gregory H. Woods on 10/2/2017) (anc)
15 motion Extension of Time Mon 1:31 PM
CONSENT LETTER MOTION for Extension of Time to File a Response to Plaintiff's Complaint addressed to Judge Gregory H. Woods from Jenny Johnson-Sardella dated October 2, 2017. Document filed by Imaging3, Inc..(Johnson-Sardella, Jenny)
utility Set/Reset Deadlines Mon 6:22 PM
Set/Reset Deadlines: Imaging3, Inc. answer due 10/23/2017. (anc)
Friday, September 29, 2017
14 service Affidavit of Service Complaints Fri 5:40 PM
AFFIDAVIT OF SERVICE. Imaging3, Inc. served on 9/18/2017, answer due 10/10/2017. Service was accepted by Richard Farkas. Document filed by Alpha Capital Anstalt; Brio Capital Master Fund, Ltd. (anc)
13 2 pgs order Order on Motion for Leave to File Document Fri 5:34 PM
ORDER granting9 Letter Motion for Leave to File Document. As stated on the record during the telephone conference on September 29, 2017, the Clerk of Court is directed to accept for filing the Affidavit of Service attached as Exhibit 1 to Plaintiffs' letter dated September 25, 2017, Dkt. No. 9. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/29/2017) (anc)
minutes Telephone Conference Fri 3:25 PM
Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 9/29/2017. (Court Reporter Eve Giniger) (Daniels, Anthony)
Thursday, September 28, 2017
12 notice Notice of Appearance Thu 6:00 PM
NOTICE OF APPEARANCE by Jenny D Johnson-Sardella on behalf of Imaging3, Inc.. (Johnson-Sardella, Jenny)
11 notice Notice of Appearance Thu 5:55 PM
NOTICE OF APPEARANCE by Mark David Hunter on behalf of Imaging3, Inc.. (Hunter, Mark)
Wednesday, September 27, 2017
10 2 pgs order Order on Motion for Leave to File Document Wed 12:03 PM
ORDER with respect to9 LETTER MOTION for Leave to File Affidavit of Service addressed to Judge Gregory H. Woods from David S. Hoffner dated September 25, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd. The Court will hold a conference with respect to this matter by telephone on September 29, 2017 at 2:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. Plaintiffs are further directed to serve a copy of this order on Defendant and to retain proof of service. So ordered. (Signed by Judge Gregory H. Woods on 9/27/2017) (rjm)
utility Set/Reset Hearings Wed 12:05 PM
Set/Reset Hearings: Telephone Conference set for 9/29/2017 at 02:30 PM before Judge Gregory H. Woods. (rjm)
Monday, September 25, 2017
9 motion Leave to File Document Mon 4:29 PM
LETTER MOTION for Leave to File Affidavit of Service addressed to Judge Gregory H. Woods from David S. Hoffner dated September 25, 2017. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David)
Att: 1 Exhibit Affidavit of Service,
Att: 2 Exhibit Waiver of Service of Summons,
Att: 3 Exhibit Email Correspodence
Tuesday, September 19, 2017
8 service Waiver of Service Executed Tue 1:34 PM
WAIVER OF SERVICE RETURNED EXECUTED. Imaging3, Inc. waiver sent on 9/19/2017, answer due 11/20/2017. Document filed by Imaging3, Inc.. (Coscia, Nicholas)
Thursday, September 14, 2017
7 misc Civil Cover Sheet Thu 1:41 PM
CIVIL COVER SHEET filed. (Hoffner, David)
6 service Summons Issued Thu 12:58 PM
ELECTRONIC SUMMONS ISSUED as to Imaging3, Inc. (kl)
misc Notice to Attorney Regarding Deficient Civil Cover Sheet Thu 12:52 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney David Scott Hoffner to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): PLEASE ENTER THE BASIS OF JURISDICTION USED WHEN CREATING THE ACTION. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (kl)
notice Case Opening Initial Assignment Notice Thu 12:55 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (kl)
utility Case Designation Thu 12:56 PM
Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (kl)
utility Case Designated ECF Thu 12:56 PM
Case Designated ECF. (kl)
Wednesday, September 13, 2017
5 misc Rule 7.1 Corporate Disclosure Statement Wed 3:50 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brio Capital Master Fund, Ltd..(Hoffner, David)
4 misc Rule 7.1 Corporate Disclosure Statement Wed 3:48 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alpha Capital Anstalt.(Hoffner, David)
3 service Request for Issuance of Summons Wed 3:44 PM
REQUEST FOR ISSUANCE OF SUMMONS as to Imaging3, Inc., re:1 Complaint. Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd.. (Hoffner, David)
2 misc Civil Cover Sheet Wed 3:37 PM
CIVIL COVER SHEET filed. (Hoffner, David)
1 cmp Complaint Wed 2:44 PM
COMPLAINT against Imaging3, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14122209)Document filed by Alpha Capital Anstalt, Brio Capital Master Fund, Ltd..(Hoffner, David)

[scion]

SEC Charges Brokers Defrauding Customers


U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 24004 / December 6, 2017

Securities and Exchange Commission v. Zachary S. Berkey, et al. Civil Action No. 17-cv-09552 (S.D.N.Y., filed December 6, 2017)

SEC Charges Brokers Defrauding Customers

The Securities and Exchange Commission today filed a civil injunctive action, charging two New York-based brokers with making unsuitable trades that were costly for customers and lucrative for the brokers.

The SEC's complaint, filed in federal court in Manhattan, alleges that Zachary S. Berkey, of Centereach, New York, and Daniel T. Fischer, of Greenwich, Connecticut, conducted in-and-out trading that was almost certain to lose money for customers while yielding commissions for themselves. According to the complaint, ten customers of Four Points Capital Partners LLC, where Berkey and Fischer previously worked, lost a total of $573,867, while Berkey and Fischer received approximately $106,000 and $175,000, respectively, in commissions.

According to the SEC's complaint, since the customers incurred significant costs with every transaction and the securities were held briefly, the price of the securities had to rise significantly for customers to realize even a minimal profit. The complaint also alleges that Berkey and Fischer churned customer accounts and concealed material information from their customers, namely that the costs associated with their recommendations, including commissions and fees, would almost certainly exceed any potential gains on the trades. The complaint further alleges that Fischer engaged in unauthorized trading.

The SEC's complaint alleges that Berkey and Fischer violated Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The complaint seeks permanent injunctions, disgorgement plus prejudgment interest and civil monetary penalties against the defendants.

Without admitting or denying the SEC's allegations, Fischer consented to a final judgment that, subject to court approval, permanently enjoins him from similar violations in the future and orders him to return his allegedly ill-gotten gains with interest and pay a $160,000 penalty. The SEC's litigation against Berkey will proceed in federal district court.

The SEC's investigation was conducted by Hane L. Kim, Karen Lee, David Stoelting, and Gerald A. Gross. Mr. Stoelting, Ms. Kim, and Ms. Lee will lead the litigation. The case is being supervised by Mr. Wadhwa. The SEC examination that led to the investigation was conducted by Rosanne R. Smith, Terrence P. Bohan, William D. Ostrow, and Doreen Piccirillo. The SEC appreciates the assistance of the Financial Industry Regulatory Authority and the Office of Montana State Auditor, Commissioner of Securities and Insurance.

SEC Complaint
https://www.sec.gov/litigation/complaints/2017/comp24004.pdf


https://www.sec.gov/litigation/litreleases/2017/lr24004.htm

[stockmasterflash]

SEC questioning post BK Filings of Imaging3 IGNG

(Formerly SEC v Imaging3 & Dean Janes)

Seems to be holding up the reverse split

https://www.sec.gov/Archives/edgar/data/1205181/000000000016091963/filename1.pdf

https://www.sec.gov/Archives/edgar/data/1205181/000149315216014508/filename1.htm

https://www.sec.gov/Archives/edgar/data/1205181/000000000016103220/filename1.pdf

https://www.sec.gov/Archives/edgar/data/1205181/000149315217001301/filename1.htm

https://www.sec.gov/Archives/edgar/data/1205181/000000000017006983/filename1.pdf


Five secured debt holders hold a UCC lien of approximately $1,400,000 on the Company’s patent in connection with the restructuring of the Company’s debt which was completed on January 5, 2017. This lien will remain in place until these debt holders are repaid in full or convert their debt to equity pursuant to the terms of the debt restructuring.

https://www.sec.gov/Archives/edgar/data/1205181/000149315217008130/filename1.htm

[integral]

This is a growing problem. Just beginning.

[Sleepy2016]

Right on cue, the world's largest distributed bitcoin mining marketplace was hacked and $50 million in users bitcoin is gone. NiceHash and anyone who had coins with that service has just lost everything with zero recourse.

http://www.zerohedge.com/news/2017-12-06/largest-crypto-mining-exchange-confirms-it-was-hacked-over-50-million-bitcoin-stolen

[integral]

Ah, nothing like the demise of an economy in the 17th century based on a plant with nearly no valuable impact to society.

However, I have been into so many hotels and seen many flowers exchanged while in and out of lobbies. It is a good biz, but not a required biz.

Exotic fish is another expensive decor that continue circulating in hotel and office lobbies. Another unnecessary appointment to a room.

[Sleepy2016]

Entirely predictable. Tulips.

[1manband]

As predicted, the massive volatility and skyrocketing transaction costs are now causing merchants to deny bitcoin as payment:

Steam is no longer supporting Bitcoin

https://steamcommunity.com/games/593110/announcements/detail/1464096684955433613

December 6 - Kurtis

As of today, Steam will no longer support Bitcoin as a payment method on our platform due to high fees and volatility in the value of Bitcoin.

In the past few months we've seen an increase in the volatility in the value of Bitcoin and a significant increase in the fees to process transactions on the Bitcoin network. For example, transaction fees that are charged to the customer by the Bitcoin network have skyrocketed this year, topping out at close to $20 a transaction last week (compared to roughly $0.20 when we initially enabled Bitcoin). Unfortunately, Valve has no control over the amount of the fee. These fees result in unreasonably high costs for purchasing games when paying with Bitcoin. The high transaction fees cause even greater problems when the value of Bitcoin itself drops dramatically.

Historically, the value of Bitcoin has been volatile, but the degree of volatility has become extreme in the last few months, losing as much as 25% in value over a period of days. This creates a problem for customers trying to purchase games with Bitcoin. When checking out on Steam, a customer will transfer x amount of Bitcoin for the cost of the game, plus y amount of Bitcoin to cover the transaction fee charged by the Bitcoin network. The value of Bitcoin is only guaranteed for a certain period of time so if the transaction doesn’t complete within that window of time, then the amount of Bitcoin needed to cover the transaction can change. The amount it can change has been increasing recently to a point where it can be significantly different.

The normal resolution for this is to either refund the original payment to the user, or ask the user to transfer additional funds to cover the remaining balance. In both these cases, the user is hit with the Bitcoin network transaction fee again. This year, we’ve seen increasing number of customers get into this state. With the transaction fee being so high right now, it is not feasible to refund or ask the customer to transfer the missing balance (which itself runs the risk of underpayment again, depending on how much the value of Bitcoin changes while the Bitcoin network processes the additional transfer).

At this point, it has become untenable to support Bitcoin as a payment option. We may re-evaluate whether Bitcoin makes sense for us and for the Steam community at a later date.

We will continue working to resolve any pending issues for customers who are impacted by existing underpayments or transaction fees.

-- The Steam Team

[TenKay]

Yeah...I know. It was kind of tongue in cheek given his history.

Very good at tormenting OTC CEO's.

[Zorax]

Yep, and does that tarnish his reputation a little bit.
Like everyone else, the money is important too.

[rbtree]

He's now part of OTC M, you know.....

[TenKay]

They just don’t want to be sued by Sharp....lol.

[rbtree]

Well, on a tip to George Sharp, they slapped the then not current EFLN comedy with the C-E..... and, now even though that joke of a company actually posted an attorney letter, the C-E remains, and they have notably not been granted current status. The illiterate mgt doth protest...on other forums and maybe twitter.

[Zorax]

lol. I honestly had no idea about their plans for fees, that's just how I saw it. And nailed it. It's always in the presentation and they are trying to look justified for costing more.

[integral]

Malibu ISD closed. Bell Air and Getty Museum have a fire, and with the winds, the trajectory is Encino, Calabasas, Malibu Mountain, Thousand Oaks. Agoura Hills, time to go to San Diego.

[integral]

Apparently, they are raising the OTCQB annual fee from $10,000 to $12,000 or installments totaling $13,000.

Nice 20% to 30% increase.

3.1 OTCQB Application Fee
At the time the Company’s OTCQB Application and Agreement is submitted to OTC Markets
Group, the Company shall pay OTC Markets Group a non-refundable Application Fee of $2,500
(U.S.).

3.2 Annual Fee
The Annual Fee is $12,000 (U.S.) for each twelve-month period, if paid in advance. In the alternative, the Company may opt to pay two semi-annual installments of $6,500 (U.S.).

http://www.otcmarkets.com/content/doc/otcqb/standards_proposed201710_redline.pdf

[Zorax]

No, there's no noble intention with the OTCM, it's just another advertising scheme. I'm pretty sure they intend to raise all their fees and this is just another facade to throw up that they are somehow legit.

Again, this all came up after they bought out the site that was constantly showing OTCM in a negative light doing nothing more than collecting information and exposing companies that OTCM supports with their OTCM service. I think they're just trying to monetize all that info they bought.

[TenKay]

I honestly can't see them doing that proactively except in the most egregious cases they come across.

Most OTC stocks have incoherent or made up cashflow statements...and I don't see many getting nailed for it...in fact I don't see many getting bumped out of "Current" Tier for CLEARLY bogus cashflow statements.

I know this because I have pointed out MANY to them and all I get back is "we will follow-up with the company".

OCTM is a joke...and a bad one.

[sidedraft]

From what country did you call? What phone number did you call?