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Autopsy requested.
The cheesy little Milan Gallery that was involved in the art end of this sordid saga has pulled out of the Forestwood Antique Mall. Their tiny little booth is gone. Who doesn't get their high end art in a converted 1960s grocery store in Dallas???
https://forestwoodmercantile.com/pages/milan-gallery-framing
https://forestwoodmercantile.com/pages/dealer-locator
Eddie's "Meety-Greety'' event at the Frisco gun club last October provided a treasure trove info and imagery including a couple of dudes who seem the likely suppliers this "priceless artwork" sitting in the "audience." I'll post my autopsy if requested
The court docs just keep getting juicier! Eddie Vakser pocketed 12 million smackaroos.
EFile State Logo
Courtesy Notification
Envelope Number: 65992314
Case Number: D-1-GN-21-003502
Case Style: PROTEK CAPITAL INC V. MEZEY
This is a courtesy notification for the filing listed. Please click the link below to retrieve the submitted document.
Filing Details
Case Number D-1-GN-21-003502
Case Style PROTEK CAPITAL INC V. MEZEY
Date/Time Submitted 7/1/2022 10:58 PM CST
Filing Type EFileAndServe
Filing Description ADDITIONAL FOLLOW UP EVIDENCE FOR DEFENDANT’S REQUEST MOTION TO DISMISS HEARING.
Activity Requested OTHER
Filed By Barry Mezey
Filing Attorney
Document Details
Lead Document Additional Evidence Vakser Suit.pdf
Lead Document Page Count 3
File Stamped Copy View Stamped Document
This link is active for 30 days.
Of the 60 billion tokens, 30 billion (50%) were to go to the beleaguered shareholders. The other (50%) went to insiders and various a sundry other things including allegedly Vocodia.
Vocodia did not release any press releases about this deal with scammer Vakser and Black Dragon. I searched all of their social media pages including Twitter, Facebook and Instagram and Vocodia has no mention of Black Dragon Resource Companies, Black Dracos or scammer Eddie Vakser anywhere.
My post and private messages have been removed or gone unanswered respectively. We can see that the Soundcloud calls were Eddie Vakser's shills answering the training calls. OpenSea shows no sales, so one must ask how many calls have been made on behalf of Black Dragon. It appears Vocodia is not making any AI calls for Black Dragon at this point.
DALLAS, TX, Feb. 22, 2022 (GLOBE NEWSWIRE) -- Black Dragon Resource Companies, Inc. (OTC Pink: BDGR) ("The Company") to deploy ai sales agents to sell NFT’s and conversationally create awareness of its exclusive art, available where popular NFT’s are sold.
The deployment of AI sales agents is anticipated to launch the company’s basic sales campaigns to begin purposeful interaction with the NFT art marketplace to drive revenues immediately and stimulate the market educationally for continued development of the company’s products.
“This is exciting for the company to be in a position to open revenue channels to sell its art and drive traffic to NFT marketplaces where our art may be purchased and shared with art and NFT enthusiasts,” stated Eddie Vakser, President of Black Dragon Resource Companies, Inc. “After we build it and test it, we can scale sales superfast and at extremely low costs by adopting this new technology. This is significant as the earnings potential this technology provides the company combined with growing interest in the NFT marketplace, positions the company on the right side of a technological paradigm shift.”
With success, the company can scale sales agents and cover territory to meet supply lines of NFT’s manufactured by Black Dragon Resource Companies, Inc. The nature of the growing demand in the NFT markets and the speed of the Digital Intelligent Sales Agents is an opportunity which would ordinarily require a lot of people and vast administrative and organizational support, but leveraging AI technology allows the company to move beyond people, for scale and speed, lowering revenue costs from acquisition of market share via new ownership of the company’s BlackDracos NFT line of highly valued art.
The custom ai sales agent, provided by Vocodia, is scheduled for deployment four weeks from this release, however company insiders hope for an earlier start. While the build out can be completed in three days, an ai sales agent trained to sell art via NFT’s has never been done, requiring some additional time. After he AI sales agent is built, training and testing will take additional time to train and teach the BDGR Digital Intelligent Sales Agent about art and NFT’s and build in compliance measures limiting its discussion points.
This is a historic moment for the company and humanity as new technologies are combining to drive agendas. This has never been done. BDGR is going into new territory where new age art certification allows for a wider entre into the provenance chain as exclusive ownership of some of the world’s most rare, recognized and coveted art, certified on a supercharged blockchain as an NFT, giving owners new freedoms as art owners, and then sold by Artificial Intelligence to drive newly opening markets.
The company’s current NFT’s available at Open Sea allow art enthusiasts to participate in the very rare line of owners of the most revered art in the world, dating back to the renaissance, including Michelangelo Buonarotti’s famous sculptures.
Black Dragon Resource Companies, Inc. would like to thank Vocodia for collaborating in this unique challenge of a new technology order and acceptance of BDGR tokens as consideration for services.
Updates on the AI sales campaign progress to follow.
Black Dracos AI Digital NFT Art Concierge Launched
BDGR | March 22, 2022
DALLAS, TX, March 22, 2022 (GLOBE NEWSWIRE) -- Black Dragon Resource Companies, Inc. (OTC Pink: BDGR) ("The Company”) has completed its first ai sales agent that will call out and introduce Black Dracos NFT art to the world and invite them to view Black Dragon NFT art in regular art showings.
Much like a human art concierge, Art DISA, Digital Art Concierge, will fill the position of generating interest in Black Dragon NFT art, but first it will be released on a limited basis to help train it before it is permitted to go wide release.
In wide release, the AI agent from Vocodia will automatically dial, initiate conversation, persuasively sell and market, and then terminate the personal conversation with full disposition and report of each call.
For the next ten days, stakeholders of Black Dragon Resource Companies are invited to talk to Art DISA, to help train it and season the AI art concierge, before it is released to call targeted NFT art enthusiasts. The Vocodia built AI agent learns with each interaction. Simply talking with it helps to prepare it for more robust conversations and expand its ability to carry out its mission for Black Dracos NFT art Sales.
To talk to the AI digital art concierge, please go to StreamingLive.com. There you will put in your phone number and the ai agent will call you. Details about the calls are on the website as well as recordings of successful calls. As the sales program develops on the digital front, the company hopes to create unique marketing channels with the ai agents and conversations using streaming technologies and NFT certification.
Details of each caller will not be published, however the conversations will be in audio format for review and enjoyment for the stakeholders of BDGR and related companies, during the training period, and posted on StreamingLive.com.
Comments and suggestions will also be accepted on the website for modification of the Black Dragon AI Digital Art Concierge and to share in the serious fun. Call times may vary from a few minutes to an hour depending on demand from participating stakeholders.
This is a fun and exciting time in many areas of business as the world is transforming around us. Please Join in the fun and enjoy the journey towards growth of our NFT art markets on the digital frontier.
About the Invite to talk to the Ai Agent
Please go to StreamingLive.com and click on ‘Call Me’ button at top and various other areas of the site.
Black Dragon (BDGR) Dracos Tokens Trading on Bilaxy
BDGR (ASK @ 0.0002)
Black Dragon Resource Companies, Inc. Is proud to announce :
the start of Black Dracos Tokens trading on the Bilaxy platform.
Today, Black Dragon Resources, (BDGR) successfully launched its cryptocurrency tokens to trade on the BILAXY trading platform: https://bilaxy.com/trade/BDGR_USDT
Shareholders, Investors, and all interested parties can sign up thru BDGR official “referral” portal at: https://bilaxy.com/user/register?intro=1669239 for additional benefits and trading.
“We plan to list on multiple exchanges, and Bilaxy was the first to assist in our launch with it’s self-listing option.
We are up and trading, and It’s a great milestone to complete :
Phase 1 of the Cryptocurrency and NFT marketing and business development.
We have another 12 or so platforms under review, and we are receiving very positive feedback “, explained Mr.Vakser, Chairman/CEO.
Recently, the company signed several new marketing development deals, and is launching its own sales and marketing initiative based on AI technology.
r/Penny_Stock_USA - Black Dragon (BDGR) Dracos Tokens Trading on Bilaxy
The company’s current NFT’s available at Black Dracos NFT Market Place.
Allow art enthusiasts to participate in the very rare line of owners of the most revered art in the world, dating back to the renaissance, including Michelangelo Buonarotti’s famous sculptures.
Black Dragon Resource Companies, Inc. would like to thank Vocodia for collaborating in this unique challenge of a new technology order and acceptance of BDGR tokens as consideration for services.
Updates on the AI Sales Campaign progress to follow.
Thrilling and downright chilling presentation:
4. At the seminar, it may be a little “hard to hear”, but Joe did state that at that time of the launch, his first 100 Million B$D Tokens started showing a nice “print” of $ .005 cents per token. This is when Joe compares to BDGR “closing” PPS at $ .0007 on that Friday. However, being more excited I was trying to have Joe quote the other two trading sampled amount numbers that we saw earlier that morning, however, he was being extra conservative and announced THE lowest number that was posted. At this point, seeing other development (which I should be able to disclose this Friday), I can now “tease” our shareholders by admitting that we had $ .10 cents to $ .15 cents per token range. That was VERY encouraging! But for now, $ .005 cents is still a great start!
$840 divided by the 5 people at his "Meety Greety'' event at the gun club last October I presume. Here's 45 minutes of his thrilling presentation
https://www.facebook.com/Black-Dragon-Resource-Companies-Inc-101787868607589/videos/354971316319124
Apparently they are embarrassed sales agents. I posted the Press Release, https://www.globenewswire.com/news-release/2022/02/22/2389378/0/en/Black-Dragon-Resource-Companies-to-Launch-NFT-Art-Sales-Campaign-with-AI-Sales-Agents.html Eddie Vakser put up referencing their business partnership on the Vocodia Facebook page and my post got removed pronto. I guess they don't want anyone to know about any association with scammer Vakser.
Is Black Dragon Resource Company and / or its parent Protek Capital paying Vocodia to call prospective buyers now 3 months later of has that deal sunk like the Titanic? The fantastical press release resulted in only $840.00 of sales total it appears. Yikes!
"AI sales agents"???
https://soundcloud.com/user-148612228/art-disa-slings-the-blackdracos-dot-com-nft-art-collection
Yep.. that's what the discerning art buyer wants... a non-human, "artificial" dealer.
www.vocodia.com
Less than 10 employees (any humans?)
https://www.crunchbase.com/organization/vocodia
"Delray Beach, FL again?
How many corporations does it need?
VOCODIA, LLC L20000266259 InActive
VOCODIA FL, LLC L21000256538 Active
VOCODIA GROUP LLC M21000003077 Active
VOCODIA HOLDINGS CORP F21000006016 Active
VOCODIA INTERNATIONAL SALES AGENCY, INC. P21000064652 Active
VOCODIA JV, LLC M21000013806 Active
http://search.sunbiz.org/Inquiry/corporationsearch/SearchResults?inquiryType=EntityName&searchTerm=VOCODIA,%20LLC
After months of millions of AI calls and fraudulent press releases galore here we are.
https://www.globenewswire.com/news-release/2022/02/22/2389378/0/en/Black-Dragon-Resource-Companies-to-Launch-NFT-Art-Sales-Campaign-with-AI-Sales-Agents.html
https://soundcloud.com/user-148612228/art-disa-slings-the-blackdracos-dot-com-nft-art-collection
The sales on OpenSea are apparently non-existent. The other site (the one that has demanded he remove the press releases as they have no business relationship with this scam) shows hilariously few sales. We can guess who actually bought that grotesque very oddly colored artsy-fartsy crapola.
1 David Blue Glass Tower (of 250) for $30.00
4 David Cyan Glass Towers (of 100) for $45.00
2 David Purple Glass Towers (of 125) for $40.00
1 David Orange Glass Tower (of 90) for $50.00
1 David Yellow Glass Tower (of 75) for $75.00
3 David Gray Glass Towers (of 60) for $100.00
1 Madonna della Pieta Bronze (of 500) for $25.00
1 Madonna della Pieta Silver (of 200) for $50.00
1 Seal of the Vatican Bronze (of 1000) for $50.00
_____________________________________________
Total sales $840.00
https://nft.blackdracos.com/browse/ The million dollar madness specials are still sitting on both sites and I predict they will never sell.
Some business venture...........
Why is he saying this all over social media and sending it in emails to many many people
Very confused a few have sent your post to grant and he is still demanding you pull the PR and stating no affiliation. He keeps posting he wants you to remove and issue a new Pr
Eddie--you minted/distributed tokens, now take Bitcoin...how are SALES????
*How many millions worth of yellowed Sky Jones paintings have you sold?
*How many multi-million dollar Michelangelo bronze knockoffs?
*How many NFT's of your ghastly Photoshopped/ colorized, montages of the torso of David bizarrely positioned looking at a coin-operated binocular with the skyline of NYC behind him have been snapped up? (FYI: Consider paying some high school art students to Photoshop your NFT's. At least they have a little talent.. you don't. Don't tell them what to do, you'll just screw it up and embarrass yourself again)
For years you have operated under the delusion that people won't buy your stuff because they don't want to use cash or credit cards. So you keep pushing these goofy "Payooze"-type encrypted/ crypto schemes. No, the REAL issue is that apparently no one wants the garbage you're selling. IMO the only reason for all these secret payment schemes and grotesquely overvalued "artworks" is to somehow cheat the tax man. I personally think the plan is to do it by manipulating a history of "sales" then having people donate these "assets" to dubious charities who are in collusion to verify such "gifts" to them in exchange for a letter verifying the receipt of their inflated values as tax deductible donations. At least that's the way I see it working.
Oh well, let me help promote your junk as you obviously all the assistance you can get.
https://opensea.io/collection/blackdracos
https://www.blackdracos.io/black-dracos-token-at-vanguard-on-multi-yield-nft-art-ecosystem/
Hey Eddie,
I suggest you learn the UCC laws in Texas. Here you go below since you agreed to solidify our deal with PRPM at SMG with your "personal preferred stock" which means it's a public finance transaction and a debt securities transaction. The Texas UCC does not mention a specific time frame required to file a UCC1 financing statement as a security interest as far as I can find. Meaning your statute of limitations request gets tossed just like your salad will in prison.
Texas UCC Section 9.102:
(67) "Proposal" means a record authenticated by a secured party that includes the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to Sections 9.620, 9.621, and 9.622.
(68) "Public-finance transaction" means a secured transaction in connection with which:
(A) debt securities are issued;
(B) all or a portion of the securities issued have an initial stated maturity of at least 20 years; and
(C) the debtor, obligor, secured party, account debtor or other person obligated on collateral, assignor or assignee or a secured obligation, or assignor or assignee of a security interest is a state or a governmental unit of a state.
Thanks SBM. You see everyone Eddie Vakser is nothing but a fraud who misleads the public, his shareholders and writes fraudulent press releases or does not honor agreements.
Your shareholders have been waiting almost two years Vakser. What is the holdup??
https://www.facebook.com/MJVentureCapital/posts/pfbid02hiyFGqHQn2eBkBBCgh2AHfPw81cn8Zz1SR9JJLjyVUMzKytWAkyv5JRMf6UWivxjl
I suggest you and Dan see your email inbox for facts you mislead your investors and curios doesn't have a distribution contract with you and they didn't authorize you to issue that fraudulent press release distribution deal agreement notice with them. I have screenshots if you'd like me to post. Btw I'd really love it if you sued heather too. It would be really awesome idea for you I think.
As share holders all this is extremely confusing. Based on the all the post many member reached out to the CEO this was his response and very similar to others posting.
Can you please explain why he is stating they want your PR removed and you have no affiliation with his company?
Please explain this evening as now we are questioning our investment here based Grants emails to our group.
“We have reached out to them and the press release company to request that they unpublish this article because we did not authorize it.
Please let me know if you have any other questions or concerns.
Image
Grant Powell, Founder, +1 (310) 579-5033
Instantly launch your NFT marketplace on curios.com”
Yes, see section #4, that's the ticket! The truth, as evidence...
Querstyun fo Eddie-- Has Curios asked you to "unpublish (your) article because (they) did not authorize it" as SBM alleges????
Do you have communication from Curios that proves her wrong?
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=169316482
Vakser answer the questions:
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=169269737
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=169245731
Soapbox-Momster was a stunning success!
Best Sellers Rank: #15,695,451 in Books (See Top 100 in Books)
NONE of my press releases are fraudulent. As you know, legally, just by you stating this , you are liable to myself, my company and all my investors for damages, and now everyone sees who you are, and what you're all about, and yes, where you live. We will not stand by and watch you try and destroy our companies and our investments. I'm glad you're here in Texas, because Texas is now leading in case laws and judgements against people like you. "You can Slime, but you cant's hide!".
Soapboxmom, heather Heather Dawne Dobrott
Administrator at RealScam.com
Studied at Richland Community College
I actually agree with you that YES, Curios is a first class company. That said, when you say that : "they respond to consumer concerns", is where your story falls apart. No consumer, here, nor at our portal, were harmed or damaged in any way. The only "HARM" to our shareholders, who our consumers" are being done by you, and your attacks. Your lies and false accusations, hurt all of us , the consumers trading with BDGR and with Curios. You started an attack on us, as you do with many people on internet, with frivolous accusations, misstatements and pure lies. Same as you have done here. As I stated before, and we have published the un denying truth with exhibits and true examples, you're a fraud who is trying to interfere with my businesses, my business relations and my livelihood.
The videos you reference were posted by scammer Don Allen Holbrook of the failed EarthQuest billion dollar theme park from hell. He paid failed actors to make those and he even wrote a charming book with me as the central character. He had his day in court and got trounced by all of the defendants. He now hawks timeshares (one step above selling used Pintos!)
https://www.quatloos.com/Q-Forum/viewtopic.php?t=8508
https://realscam.com/f11/don-holbrook-smotj-soapbox-momster-cyber-stalker-abyss-knights-templar-movie-scam-4406/?highlight=Holbrook
I suggest you get busy pulling down those fraudulent press releases!
Curios is a first class company. I see incredible things for Curios as it is a company that responds to consumer concerns in record time. Thanks again, Curios!
grantpowell
—
Today at 9:46 AM
Hi - thanks for bringing this to our attention. We take these matters very seriously. We are NOT an official partner in any way to the company you have mentioned. We do not vet companies who sign up to use our software, any company is welcome to do so.
Please let me know if you have any other questions or concerns.
grantpowell
—
Today at 9:47 AM
Please note that we have reached out to them and the press release company to request that they unpublish this article because we did not authorize it.
Please let me know if you have any other questions or concerns.
This is a case of "self-defamation" if ever there was one.
All one need do is (a) read what the CEO said/ promised and (b) compare that with what he actually delivered. It's all right there in black and white over and over and over. EXAMPLE:
Don't lie being called a "liar?" What else do you call it when you tell investors your books are "audited" for over 2 years when you know damn well they were not? Then, when caught, you told the SEC you had "engaged a new auditor and intends to file all delinquent periodic reports." Then when they followed up with the auditor supposedly "engaged" they discovered all you did was sign another piece of paper but failed to pay a lousy $2k retainer or send him anything to audit! At that point they wrote--
Artfest has been in consistent violation of the periodic filing requirements[ for over two years and three months, involving numerous quarterly filings and two annual filings with audited financials; that from its prior filings it knew what was required; and that it gave false representations that an accountant would soon submit audited materials because it has not paid $2,000, an amount necessary for the work to begin." Incredibly you had your longtime scam ticker lawyer Jonathan Leinwand (toxic financier Mastiff Group LLC) represent you in this matter. The SEC finally had enough of your LIES and permanently revoked your first ticker. https://www.sec.gov/alj/aljdec/2013/id485bpm.pdf
Yet despite "EVERY class of stock" stock having been PERMANENTLY REVOKED by the SEC you issue PR's claiming PRPM "acquired" the (*cough cough*) "assets" of ARTFEST by "issu(ing) one share of its stock as a dividend to Artfest shareholders" --despite all shares of Artfest being previously REVOKED. https://www.themiddlemarket.com/news/protek-buys-artfest
OTC lists all the "dividends" PRPM has paid out and the last one was 3 years before your PR. Literally tens of billions of ARTS shares were printed, issued and sold yet you announced a 1-for-1 "dividend?"
AND YOU WONDER WHY YOU HAVE CRITICS???? LMAO!!!
What investments Eddie? You claim zero assets, zero business operations and zero revenues on your OTC filings and SEC filings. For such a big man you claim to boast a lot yet you don't fly private, but rather fly coach in Jet Blue between Fort Lauderdale and Dallas whenever you come to stay free at your millionaire toxic financier Joe Blumenthal's penthouse at the Boca Beach Club to go into hiding. BTW tell Joe and Benny Kaplan I'll be suing them shortly for financing your toxic fraudulent schemes that hijacked my company. By the way since you claimed to own SMG in 2013 you are so stupid to sue your own company you acquired. LOL.
LOL Eddie!!! You are completely delusional and clearly don't know how the law works on most civil matters. If your attorney was competent he'd tell you to stay off the boards from posting anything FYI. I've submitted all I need to win my case as a defendant in actual evidence in proper filings and motions. In fact your motion for summary judgement isn't even on the docket yet. Instead the judge placed my motion to dismiss for hearing for up to 3 hours on September 14th, 2022. Your on the defensive on this one now. If the judge grants my request to make the courts liberally construed then you and Garrigan are screwed.
Hi Eddie, please show me where I volunteered to show everyone my health records? Because I didn't as they are under seal by the federal courts of the U.S. Southern District Of Florida signed by federal judge Hon. Lauren Fleischer-Louis. These documents are also only for in camera review by the judge and you or your attorney or anyone else are not entitled to see them at all either under federal laws. Furthermore, what defamation suit? Your attorney removed defamation from the amended complaint as you cannot prove I committed any defamation because I didn't.
https://www.cbssports.com/mlb/news/mlb-power-rankings-yankees-astros-may-be-running-away-with-things-but-rest-of-league-is-primed-for-battles/
https://www.thebusinesslitigators.com/the-defamation-proof-plaintiff-doctrine.html
The “Defamation-Proof” Plaintiff Doctrine
The fundamental purpose of defamation law is to compensate for harm done to one’s reputation. What happens though when a plaintiff’s reputation is already so sullied that it would be impossible to inflict further harm? Such a person is referred to in libel law as a libel-proof plaintiff (also referred to by some courts as being defamation-proof or slander-proof).
The libel-proof plaintiff doctrine traces its roots back to the Second Circuit’s 1975 opinion in Cardillo v. Doubleday & Co., Inc., which involved the question of whether the plaintiff, a lifelong criminal who at the time of the lawsuit was serving 21 years in a federal penitentiary, could sustain a defamation claim concerning statements in a book entitled My Life in the Mafia accusing him of committing various crimes. The book, written by a purported mobster, contained several claims that the plaintiff participated in specific crimes. The plaintiff denied having participated in those specific crimes, though admitted to and was convicted of participating in numerous other crimes. The Second Circuit affirmed the dismissal of the case because it “consider[ed] as a matter of law that appellant is, for purposes of this case, libel-proof.” Given the plaintiff’s unquestionable reputation for being a criminal, the Second Circuit reasoned that false statements accusing him of committing crimes could not further injure his reputation.
What does it mean to be libel-proof?
As we have discussed elsewhere on this website, a defamation claim requires (1) a false statement; (2) about the plaintiff; (3) that is published to a third party; and (4) that harms a plaintiff by lowering that person in the eyes of the community. If the plaintiff is a public official or public figure, an additional “actual malice” element is required to state a claim. Being libel-proof means, quite simply, that the plaintiff’s reputation is so bad that any false statement could not lower that person in the eyes of the community any further. The thought is that such a plaintiff’s claim must fail because that plaintiff has suffered no harm as a result of the false statement. Courts that have applied the doctrine often limit the finding that a plaintiff is libel-proof to a particular topic or set of topics.
The libel-proof plaintiff doctrine is itself the outgrowth of another defamation law doctrine known as the “incremental harm” doctrine. The incremental harm doctrine holds that if the defamatory statement does no more harm than the true statements about the plaintiff, then there is no actionable claim for defamation. The incremental harm doctrine has been has been discussed and embraced by the Seventh Circuit in cases such as Haynes v. Alfred A. Knopf, Inc. where the court famously wrote that “falsehoods which do no incremental damage to the plaintiff's reputation do not injure the only interest that the law of defamation protects.”
Gee, Vakser, I hate to pee in your Wheaties yet again, but I have had quite a bit of interesting legal experience. Have you ever heard of the TCPA? You are involved with publicly traded companies (that exist mostly on paper.) That is a matter of public concern.
https://www.texasbar.com/AM/Template.cfm?Section=articles&Template=/CM/HTMLDisplay.cfm&ContentID=38639
SLAPPed and Sanctioned
The long reach of the Texas Citizens Participation Act.
By Nick Brown and Ethan Gibson
In 2011, the Texas Legislature unanimously passed the Texas Citizens Participation Act, a law designed to curb so-called Strategic Lawsuits Against Public Participation, or SLAPP suits.1 Though initially applied to defamation claims, the Texas Supreme Court’s potentially groundbreaking decision in ExxonMobil Pipeline Co. v. Coleman opened the door for application of the TCPA in a variety of commercial contexts.2 Whether bringing suit or defending one, the TCPA’s powerful anti-SLAAP remedies require it to be analyzed carefully in every case.
Motions to Dismiss Under the TCPA
The TCPA allows defendants to file a motion to dismiss within 60 days of being served.3 Discovery is automatically stayed while the motion is pending and can only be opened on a limited basis with permission of the court upon a finding of good cause.4 The motion to dismiss must be granted unless the plaintiff can produce “clear and specific evidence” to support each element of every cause of action asserted in the complaint.5 As a consequence, the plaintiff may face the Catch-22 of having to marshal evidence at the outset of the case without the benefit of having any discovery.
Regardless of the outcome, the mere act of filing the motion to dismiss has far-reaching consequences. As a practical matter, the plaintiff may incur substantial legal fees collecting evidence and filing a response at the outset of the case. More importantly, if the motion to dismiss is even partially granted, the TCPA currently requires the court to award reasonable attorneys’ fees and sanctions to the defendant.6 If the motion to dismiss is denied, the defendant has a statutory right to file an interlocutory appeal seeking reversal.7 In 2017 alone, denials of TCPA motions to dismiss were reversed at least 21 times as of this article being written, including multiple reversals by the Texas Supreme Court just this year.8
Notably, the plaintiff does not enjoy a corollary right to an interlocutory appeal when the motion is partially granted and will have to live with whatever attorneys’ fees and sanctions have been awarded pending appeal of a final judgment.9 This puts plaintiffs in a less than ideal situation when it comes to negotiating a favorable settlement.
More Than Just a Defamation Statute
The TCPA applies to any “legal action” that “is based on, relates to, or is in response to the party’s exercise of: (1) the right of free speech, (2) the right to petition, or (3) the right of association.”10 Each of those terms is defined in the statute. The right of association means “a communication between individuals who join together to collectively express, promote, pursue, or defend common interests.”11 The right of free speech means “a communication made in connection with a matter of public concern.”12 The right to petition includes more than a dozen categories of communications, including those related to judicial proceedings, public meetings, and even those “reasonably likely to enlist public participation” in government proceedings.13
While the courts of appeals had previously split on whether each of the rights listed in the TCPA was further restricted by First Amendment jurisprudence limiting their scope, the Texas Supreme Court in Coleman definitively ruled that constitutional jurisprudence does not restrict the plain language of the statute.14 This was a clear indication by the court in favor of interpreting the TCPA expansively.
The Coleman decision has far-reaching implications for commercial claims, especially in light of the TCPA’s expansive definition of “the right of association” to include communications between individuals joining together to pursue common interests.15 This definition appears to encompass virtually all business enterprise. After all, commerce itself is rooted in individuals joining together to pursue success in the marketplace and profit.
The 3rd Court of Appeals in Austin recently reached precisely this conclusion in Elite Auto Body LLC v. Autocraft Bodywerks, Inc.16 The court’s opening line perfectly sums up the decision: “This case illustrates that the Texas Citizens Participation Act . . . can potentially be invoked successfully to defend against claims seeking to remedy alleged misappropriation or misuse of a business’s trade secrets or confidential information.”17 The court reasoned that the defendant allegedly communicated the information “in furtherance of the . . . business enterprise relative to [the defendant’s] competitive position.”18 Such communications fell within the TCPA’s definition of “the right of association,” and therefore required the plaintiff to produce clear and specific evidence with “element-by-element, claim-by-claim exactitude.”19 The plaintiff failed to meet that exacting standard, leading to reversal and remand for an award of fees and sanctions.
Other courts have similarly applied the TCPA to everything from claims for trade secret misappropriation, breach of non-disclosure agreements, breach of contract and promissory estoppel, harassment and negligence, falsely filing financing forms to perfect a security interest, fraud and tortious interference, business disparagement, filing a fraudulent lis pendens, abuse of process and wrongful injunction, and of course, defamation.
Best Practices on Both Sides of the Bar
The message sent by Texas courts is becoming increasingly clear: careful analysis of the TCPA should be undertaken in every type of case.
For defendants in commercial litigation, the key takeaway is relatively simple: analyze whether the TCPA applies to the plaintiff’s claims. The TCPA is a relatively recent statute, and many questions about its breadth have only recently been considered. Filing a motion to dismiss under the TCPA is overlooked in far too many cases as a potential avenue to stay discovery, open the door to an early settlement, or even to obtain dismissal of the case. So long as a motion to dismiss under the TCPA is not “frivolous or solely intended to delay,” defendants face little risk in filing such a motion.20
What are SLAPP lawsuits?
SLAPP stands for “Strategic Lawsuit Against Public Participation.”
This name describes a lawsuit filed to stop a person or group from speaking out or exercising their First Amendment rights. The person or business suing you in a true SLAPP suit often claims that you have damaged their reputation or wrongfully interfered with a right plaintiff claims to have, but really they just want to intimidate you into silence.
What is the Texas Citizens Participation Act?
In Texas, the law that protects people from SLAPP lawsuits is called the Texas Citizens Participation Act. It protects your First Amendment rights such as free speech, the right to petition (ask the government for help), and the right of association. It is often referred to as the “Anti-SLAPP law.”...
What is an Anti-SLAPP Motion to Dismiss?
An anti-SLAPP Motion to Dismiss asks the court to dismiss a lawsuit that violates your right to free speech, right to petition, or right of association. The Texas Citizens Participation Act makes it easier to dismiss these cases without spending a lot of time and money.
An Anti-SLAPP Motion to Dismiss does not have to argue that the plaintiff is wrong. The motion only has to show that the suit violates the Texas Citizens Participation Act.
What rights does the Texas Citizens Participation Act protect?
The Texas Citizens Participation Act protects your rights to associate freely, petition the government, and speak freely about political and social issues.
See Texas Civil Practice and Remedies Code 27.001.
What is the right of free speech under the Texas Citizens Participation Act?
The Texas Citizens Participation Act defines the right of free speech as “a communication made in connection with a matter of public concern.”
This includes your posts online, e-mails, verbal statements, written statements, and statements made on the TV or radio. Courts have found that that the Texas Citizens Participation Act protects things said privately as well as publicly, so long as the speech is about matters of public concern.
Note that speech does not have to be objectively true to be a matter of public concern. For example, the Act protects the right to state opinions about products, services, and even published works of art.
See Texas Civil Practice and Remedies Code 27.001 and 27.010(b)...
Substantial Truth
Substantial truth is an affirmative defense in a defamation suit. Substantial truth means that the speech is basically true. Substantially true speech does not add or leave out anything important in a way that causes harm. Small mistakes do not matter so long as they do not change the meaning.
Vakser, You don't even know what your own lawyer is doing. You are not suing Barry Mezey or anyone else for defamation. Try reading your own filings before you let the attorney actually file them!
https://realscam.com/attachments/f9/24828d1653157566-eddie-vakser-protek-capital-attorney-daniel-garrigan-sue-vaksers-own-company-superstar-management-edward-vakser-protek-vs-mezey-first-amended-petition-pdf
Both of the companies were are discussing have zero assets, zero everything, so how can there be any sizeable deals. What can you acquire for free?
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=169308715
Are you clowns going to amend the petition again to add John and Jane Does and more citing specifically the alleged defamation from the posting here?
Remember Don Allen Holbrook? https://www.quatloos.com/Q-Forum/viewtopic.php?t=8508
http://www.dmlp.org/legal-guide/texas-defamation-law
You are sounding a lot like Tim Darnell. He testified in court that the head of the Pyramid Division of the Texas Attorney General's Office gave Advantage Conferences a clean bill of health. Just a little problem with that story. The Pyramid Division doesn't exist and never has existed. https://realscam.com/f17/slay-real-giant-lawsuit-tim-darnell-jack-weinzierl-791-post9814/#post9814
What??? First the shareholders here have asked for documentation on many things, so let's have that pronto!
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=169269737
https://investorshub.advfn.com/boards/read_msg.aspx?message_id=169245731
Everything one needs to know about subpoenas:
https://casetext.com/rule/texas-court-rules/texas-rules-of-civil-procedure/part-ii-rules-of-practice-in-district-and-county-courts/section-9-evidence-and-discovery/evidence/rule-176-subpoenas
Texas law has not had any substantive changes in regard to defamation, libel or slander in years. Posts the links and documents that you are babbling about, Vakser.
And, note that case you are fighting has no defamation in the latest petition, so you cannot pursue your defendant on that issue nor can you chase around the rest of us that are posting on that issue. Have you read the latest filing by Daniel Garrigan?
Judges don't like fishing expeditions. Who on these forums was directly involved in your dealing with Barry Mezey and Superstar Management Group that would have pertinent knowledge about that business deal? The UCC lien related to that is the only issue being litigated.
https://realscam.com/attachments/f9/24828d1653157566-eddie-vakser-protek-capital-attorney-daniel-garrigan-sue-vaksers-own-company-superstar-management-edward-vakser-protek-vs-mezey-first-amended-petition-pdf
Remember Don Allen Holbrook? https://www.quatloos.com/Q-Forum/viewtopic.php?t=8508 He sued me, 3 other reporters, 3 newspapers and ALL of the taxpayers (John and Jane Does) that dared to comment on his billion dollar theme park scam (EarthQuest.) He got laughed out of court. But the point is he actually filed a case for defamation and he named all the defendants and included the John Does. You have no case of that nature in progress. Better lay off that 3 million dollars of pot you are smoking your way through by yourself!
Do post the records related to these subpoenas and the compliance page on IHUB that states they are turning over all the information they have on the posters here as you already bragged about that almost two years ago:
https://www.facebook.com/permalink.php?story_fbid=2678580509078395&id=1804871763115945
The agencies you reference don't listen to anybody. They rely solely on the facts. You numerous lie-filled press releases cannot be explained away!
Thanks for the update!
You are addressing the issues with them and court but they also keep posting about the massive dilution vs promised no dilution.
Can you please address the insane dilution, the promised vs no dilution and why the dilution is not producing revenues. The lawyers will let you address this since it’s not in the court?
Thanks they keep posting evidence of endless dilution but you won’t address it as we try to invest. It kind makes it hard when you say no dilution yet they post billions in dilution? Very confusing to the share holders
The trial hasn't been set yet. We sued BM, and his companies. BM has emailed everyone at the courthouse and the Judges department so much information, that the Judge ruled to have all admitted as BM's testimony. It takes a while to set up the court dates for hearings, and then to set the trial date and schedule. We are issuing subpoenas, for our discovery, and there's nothing secret about that. It has become part of normal procedure when information and interviews are called for. Texas, and Texas law, has now become a leader in these "social media" cases, where in the past, posters were able to hide and not reveal their identities. This has now changed, since a Plaintiff has the right to issue subpoenas and Plaintiff has the right to conduct discovery and know the facts and identities in order to determine who else may need to become a defendant. IHUB, and its management responded by stating that revealing all the information under subpoenas is their new policy and procedure, and they are willing to comply. Our shareholders, and my team demand justice. The agencies DO listen to both sides of complaints, and their job is to protect investors and shareholders .
As I have posted many times before, I am not making comments about the case, only addressing blatant lies posted by Soap, BM and a few others. I'm in several fairly sizeable deals, and several investors/shareholders have expressed their concern as to why I'm not addressing a few basic issues. So, I look at the facts and post the truth. BM, has stated many times about his mental illness and lack of capacity, and yet, he posts and writes with a certain arrogance, and claiming his mental superiority. Then, he asked us to pay for his mental evaluation for the court, and as recorded, he then immediately "volunteered" to the Judge and the court his permission for everyone, including us, to have complete access to his medical records. So that's agreed upon. That's what these pre trial hearings are for. So HIPPA laws, have nothing to do with BM volunteering to have the courts and all attorneys have copies of the record. Also, I was asking those shareholders, regardless how they may feel about me, to simply take a look at the UCC1 laws, and procedures. BM and his crew, are simply attempting to hurt our companies, and I'm here to protect them the best that I can. As far as the discovery process, well, Ms.H and BM need to read about how legal proceedings are structured. As far as defamation , well , one doesn't have to travel far to see who is posting all this junk. And finally, the IHUB management agreed to surrender the names and contact information for all those involved, because they now do respond and adhere to subpoenas. So, we'll see how our discovery plays out , and who else will be included as defendants . I'm dealing with all the agencies myself as well, and as a representative of the public company. So the story that I'm getting is a lot different. I'm here for a long haul, and we'll just have to see what happens. We already had BM committed once before, and for his own good he needs to be medicated properly and looked after. I'm a very patient person, and I have my reasons for fighting these people.
Those Facebook pages for these scam companies that exist only on paper are a hoot to read. Armies of mad investors are posting publicly that they have not gotten their tokens and that Vakser does not respond to them. How long can Eddie Vakser evade these investors that have not gotten what he promised? The wrath of these legions of investors that have been defrauded may well get the attention of law enforcement.
Coindesk (July 3, 2022)--"Hard Times in Crypto: the Unintended Consequences of Going Public"
https://www.coindesk.com/business/2022/07/03/hard-times-in-crypto-the-unintended-consequences-of-going-public/
WSJ (July 2, 2022)-- Crypto’s Domino Effect Is Widening, Threatening More Pain" ''Losses are blowing holes in balance sheets and pushing firms in the industry to near bankruptcy"
https://www.wsj.com/articles/cryptos-domino-effect-is-widening-threatening-more-pain-11656754202
Crapto companies imploding...asking for bailouts---
Washington Post (July 3, 2022)--"Bill to grant crypto firms access to Federal Reserve alarms experts"
https://www.washingtonpost.com/business/2022/07/03/crypto-banks-risk-lummis/
Apparently not enough "greater fools" to keep lunacy afloat. Better hold onto all that (*cough cough*) "art." At least they can keep warm by burning those Sky Jones paintings or sell that bronze for scrap.
His latest report says the same...still lies about the share structure.
Total shares authorized: 30,000,000,000 as of date: 03/31/22
Total shares outstanding: 21,491,666,667 as of date: 03/31/22
His own T/A has "verifies" the A/S as 40 billion and the O/S as 35 billion since last year. EVEN SO Eddie swore it was all accurate.
88% of the equity has been issued and not a DIME in the bank????
Black Dragon
https://sec.report/otc/financial-report/296613
ASSETS
Current Assets
Cash and Cash Equivalents 0 0
Oil and Gas Revenues
Receivable
0 0
Accounts Receivable 0 0
Other Receivables 0 0
Notes Receivable 0 0
Total Current Assets 0 0
Fixed Assets
Oil and Gas Properties 0 0
Less Accumulated Depreciation
and Depletion
0 0
Total Oil and Gas Properties 0 0
Other Assets
land 0 0
Total Other Assets 0 0
Total Assets 0 0
ASSETS
Current Assets
Checking/Savings 0 0
Accounts Receivable 0 0
Investment in related
Parties
0 0
Prepaid Expenses 0 0
Trade Notes Receivable 0 0
Total Current Assets 0 0
Fixed Assets
Furniture and Equipment 0 0
Total Fixed Assets 0 0
TOTAL ASSETS 0 0
Eddie Vakser boasted:
We have several professional service providers such as doctors, lawyers, chiropractors, dentist , art collectors, car dealers and traders, are all beginning to take BDGR coin's as payment.
From Discord groups run by Grant Powell
Soapboxmom
—
06/19/2022
Is Curios aware that Eddie Vakser's Black Dragon Resource Companies, Inc. is a scam pump and dump ticker? Vakser has been defrauding investors for many years. https://realscam.com/f9/eddie-vakser-protek-capital-attorney-daniel-garrigan-sue-vaksers-own-company-superstar-management-5532/?fbclid=IwAR1noRGAUWysmFg9IwvrAzCF5iI5THtIo89tQQ5BJ4fS_N3yplIh3NbuM3o
Eddie Vakser & Protek Capital / Attorney Daniel Garrigan Sue Vakse...
Edward 'Fast Eddie' Vakser and Protek Capital Inc. have sued his former business partner (Barry Mezey,) Superstar Management Group (his own
grantpowell
—
06/20/2022
Thanks so much for bringing this to our attention! We will pass it on to our legal team and review right away. If you have any further information or questions, please email support@curios.com
grantpowell
—
06/21/2022
We have put them on our watch list, and are currently reviewing what they are selling to make sure it does not misrepresent anything or violate any rights.
grantpowell
—
06/28/2022
Thanks again for sharing information - we take these matters very seriously!
We kindly ask that you move threads such as this to our newly created "Concerns and Complaints" channel - please move the thread there and delete from the General channel here so that we can address your concerns.
https://discord.gg/WDVrCNjy
Thank you!
Soapboxmom
—
06/28/2022
Is this press release genuine?
https://www.globenewswire.com/news-release/2022/06/17/2464694/0/en/Black-Dragon-NFT-s-BDGR-signed-a-new-distribution-deal.html?fbclid=IwAR3TwNzMRZz1OJVq7oNkeRRU14ZvrZHWFcJupyIrVRGGEmxVEd7SnGhEtuE
GlobeNewswire News Room
Black Dragon NFT’s (BDGR) signed a new distribution deal
DALLAS, TX, June 17, 2022 (GLOBE NEWSWIRE) -- Black Dragon Resource Companies, Inc. (OTC Pink: BDGR) ("The Company”) Is proud to announce a signed...
Image
Is Curios aware that Eddie Vakser's Black Dragon Resource Companies, Inc. is a scam pump and dump ticker? Vakser has been defrauding investors for many years. https://realscam.com/f9/eddie-vakser-protek-capital-attorney-daniel-garrigan-sue-vaksers-own-company-superstar-management-5532/?fbclid=IwAR1noRGAUWysmFg9IwvrAzCF5iI5THtIo89tQQ5BJ4fS_N3yplIh3NbuM3o
Eddie Vakser & Protek Capital / Attorney Daniel Garrigan Sue Vakse...
Edward 'Fast Eddie' Vakser and Protek Capital Inc. have sued his former business partner (Barry Mezey,) Superstar Management Group (his own
GlobeNewswire News Room
Black Dragon NFT’s (BDGR) signed a new distribution deal
DALLAS, TX, June 17, 2022 (GLOBE NEWSWIRE) -- Black Dragon Resource Companies, Inc. (OTC Pink: BDGR) ("The Company”) Is proud to announce a signed...
Image
Black Dragon shows zero assets. The 20 million in claimed art including that on your site is not owned by Black Dragon Resources Companies. The bronze knockoffs and Sky Jones paintings are close to worthless and he has been recycling them for years.
https://www.bloomberg.com/press-releases/2021-07-07/black-dragon-resources-companies-inc-new-business-developments-nft-and-dividend-record-date
https://opensea.io/collection/blackdracos
https://realscam.com/showthread.php?t=5532&page=2&p=129534#post129534
https://sec.report/otc/financial-report/296613
ASSETS
Current Assets
Cash and Cash Equivalents 0 0
Oil and Gas Revenues
Receivable
0 0
Accounts Receivable 0 0
Other Receivables 0 0
Notes Receivable 0 0
Total Current Assets 0 0
Fixed Assets
Oil and Gas Properties 0 0
Less Accumulated Depreciation
and Depletion
0 0
Total Oil and Gas Properties 0 0
Other Assets
land 0 0
Total Other Assets 0 0
Total Assets 0
OpenSea
BlackDracos - Collection | OpenSea
BlackDracos is a collection of NFTs created by renowned and up-and-coming artists, for the first time in history. The BlackDraco platform disrupts traditional art markets through open economies and decentralized blockchain technology. Our vision is to create an ecosystem that will allow all people to participate in the arts industry, be it as an...
BlackDracos - Collection | OpenSea
SEC.report
Disclosure statement - Black Dragon Resource Companies, Inc.
Quarterly Report - Disclosure statement for Black Dragon Resource Companies, Inc.
Image
Eddie Vakser & Protek Capital / Attorney Daniel Garrigan Sue Vakse...
AURI INC July 25, 2021 · SHAREHOLDERS UPDATES: In view of recent and exciting new developments at AURI Inc., here are a few items that AURI will roll
OpenSea
BlackDracos - Collection | OpenSea
BlackDracos is a collection of NFTs created by renowned and up-and-coming artists, for the first time in history. The BlackDraco platform disrupts traditional art markets through open economies and decentralized blockchain technology. Our vision is to create an ecosystem that will allow all people to participate in the arts industry, be it as an...
BlackDracos - Collection | OpenSea
SEC.report
Disclosure statement - Black Dragon Resource Companies, Inc.
Quarterly Report - Disclosure statement for Black Dragon Resource Companies, Inc.
Image
grantpowell
—
06/30/2022
Hi, thanks again for sharing this information
grantpowell
—
06/30/2022
Please note, we have no official affiliation with this company other than them agreeing to pay Curios to use our platform. We have neither confirm nor deny any claims this company makes about the authenticity of the items they are selling. We will monitor this account. Thank you
Customers
7000+ registered marketplaces
Logo of Curios
Curios
Key to the metaverse: The easiest way to mint, sell, buy and collect NFTs
HELP US REACH OUR $5MM GOAL by investing here: https://rep.pub/curios
#crowdfunding #nft #nfts #nftinvesting #startup #web3 #metaverse
SHAREHOLDERS UPDATES:
Since we live in the world of DEBUNKED posts, and lot's of fact checking, we are forced to address these lies, and protect our investments.
As a CEO, and a major investor at PRPM and B..GR, and several other public and private companies, I'm here to state facts and shed some light on what's going on.
So, as they say in the world of conspiracy theories, here we go again!
Recently, we were accused of posting false and misleading PR's. In fact, these usual suspects BM, KAM, He.......r, aka Soap....B..M..., M...t, and a host of others have been posting lies, and contacting our associates, vendors, clients and shareholders.
So, I personally don't really care if some shareholders do not agree or even like me, or my business philosophies. However, I'm all about protecting my investments, my shareholders, stakeholders and investors assets and value.
So, since the likes of Ms.H, the Soap...B...M, believe they have SOME understanding of the law, then it seems that they did NOT read the chapter on TORTS. Well, when people interfere with our business, and this means not only posting lies, but contacting our vendors and affiliates, posting negative and false claims, all in order to damage our business...and that costs all of us a lot of money.
Now, my legal team wants me to be selective on my comments, but they do understand that when I stay silent, it may send a wrong message, that maybe the accusers are telling the truth. So, now the latest is this deal with our distribution platform, Curios Inc. We are in the process with over 15 or so exchanges, and possible platforms, and on top of that, we just got our papers on our own trading platform that will reside at our TradeStar Company, (TS..R). At the start, between our efforts and my hedge fund group, we started with 12 and currently are trading on 3, with many more signing up. I personally would like to see at least 5 more exchanges signed up, plus TradeStar this year alone.
Ok, so here, I will include documents that will completely debunk the stories that these people talked to the CEO, Grant, and that he had NO contract with us, and that we signed up for some FREE services, and etc...
Here, I'm posting a link to our Facebook account, where you can see the files.
Due to FB only allowing 1 photo at a time, you will have 3 links. # 1. Proof of contract, companies communications and contract confirmation. #2 Contract signature page between BD...R and Curios. #3 Invoice paid confirmation for services rendered between B...GR and Curios.
https://www.facebook.com/Black-Dragon-Resource-Companies-Inc-101787868607589
AND ON PRPM Facebook: https://www.facebook.com/MJVentureCapital
I know. See your inbox.
I just gave Eddie a september surprise for the hearing in his own admission of guilt in email screenshots by offering to settle with me immediately after he filed suit. I told him I wouldn't take his crappy offer.
ATTORNEY LETTER PAST DUE--YIELD WARNING STILL FLASHING. CEO IS AWOL
Earlier this month, the Federal Trade Commission published a report detailing the dangers of investing and sending cryptocurrencies over social media and noted that in 2021, Americans lost at least $1 billion in cryptocurrency to scams.
"Eddie is too ignorant or ignant as the hood rats used to say in my high school to spell it properly"
Hilarious! I already answered the Hobbs question after this https://investorshub.advfn.com/boards/read_msg.aspx?message_id=169197365 toddler meltdown by Vakser.
Hobbs Act? Really Vakser? Totally delusional to think posters exposing your lies and obvious scams will ever, ever face federal criminal prosecution.
"Quote:2402. Hobbs Act -- Generally
The Hobbs Act prohibits actual or attempted robbery or extortion affecting interstate or foreign commerce "in any way or degree." Section 1951 also proscribes conspiracy to commit robbery or extortion without reference to the conspiracy statute at 18 U.S.C. § 371. The statutory prohibition of "physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section" is confined to violence for the purpose of committing robbery or extortion. United States v. Franks, 511 F.2d 25, 31 (6th Cir. 1975) (rejecting the view that the statute proscribes all physical violence obstructing, delaying, or affecting commerce as contrasted with violence designed to culminate in robbery or extortion).
The extortion offense reaches both the obtaining of property "under color of official right" by public officials and the obtaining of property by private actors with the victim's "consent, induced by wrongful use of actual or threatened force, violence, or fear," including fear of economic harm. See this Manual at 2405 and Evans v. United States, 504 U.S. 255, 265, 112 S.Ct. 1181, 1188 (1992) (only a private individual's extortion of property by the wrongful use of force, violence, or fear requires that the victim's consent be induced by these means; extortion of property under color of official right does not require that a public official take steps to induce the extortionate payment)."
I think he means "Hobbs" but Eddie is too ignorant or ignant as the hood rats used to say in my high school to spell it properly. LOL. Go back to grammar school Eddie.
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