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TREBLE DAMAGES - PUNITIVE DAMAGES 50 MILLION -- Easy in my opinion, but lets say I am wrong and a jury only grants half of that, that's not so bad. Lets say a jury only grants a fifth of that.
The most important items IMO is becoming fully reporting and finding a merger partner. But many shareholders have sold and lost faith because of Cowan's deliberate actions
They are basically the same, however you cannot have both and punitive is unlimited in Florida. This is provided you have grounds. Below are definitions -
1. Ask yourself if you were on a Jury - and an auditor with years of experience failed to award a public Company they were under investigation on an audit they certified that they were independent on. Failing to rotate off may just be simple malpractice, but failing to notify and warn the Company was intentional deceit.
---Keep in mind that the Auditor also charged TAUG $25,000 fee to re-certify that they were independent.
2. Ask yourself, if you were on a jury, and you heard testimony that the Auditor, its insurance adjuster and the insurance company's attorney were not answering your requests to have your original papers returned, even after a Federal lawsuit was filed. What would you think? They did not even respond to request - NO Response. This caused a delay in TAUG doing a needed re-audit of 2014 for 9 months. What if you were being fined $1000.00 a day from a financing company and they still did not return your paperwork.
Here are definitions, make up your own mind if this is just a nuisance lawsuit or not. I think not.
These numbers can add up fast and insurance companies have deep pockets
Punitive Damages
http://legal-dictionary.thefreedictionary.com/Punitive+Damages
Treble Damages[color=red][/color]
Treble damages are awarded at the discretion of the court, but the court needs grounds – a legally acceptable reason. The individual you've sued must not only be guilty of some wrongdoing, but he must have committed the act deliberately, knowing it was wrong. This is in contrast to negligence, which can occur out of ignorance or oversight. An order of treble damages is meant as punishment, not just to compensate you for money you lost because of the defendant's actions. Courts generally award treble damages in corporate lawsuits, such as antitrust matters or patent violations, but they can extend to personal injury lawsuits as well.
Purpose
Courts generally award treble damages as a deterrent. The intention is to convince the defendant – or anyone else considering the same crime, for that matter – that he really doesn't want to commit the illegal act again because the repercussions might be far greater than he ever anticipated. Treble damages are typically awarded in situations where the defendant violated the public good, such as excessive or repeated drunk driving charges that finally result in a fatality.
Burden of Proof
Judges and juries don't award treble damages lightly. If you or your attorney believe that the defendant in your case acted with intentional malice, you must prove to the court that this is so, that a law exists that should have prohibited him from taking the action, and that he willfully disregarded the law. You have the burden of proof to establish these things, and you must usually establish the request when you begin your case, requesting such an award in your initial lawsuit.
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BLACKCAT7717
Johnny C Why to you have to be so deep in your messaging.
I will break it down for all of you in simple terms. If TAUG has a LOSS carry forward of $21 Million, it means they can make $21 million dollars in any business and pay no taxes on that amount. This also applies if someone merges with TAUG or takes us over. This Tax LOSS is worth between State and Federal taxes about 10 Million dollars net to TAUG. This does not take into account and money received thru legal matters. In addition we have to place a value on soon being fully reporting. The company has little DEBT and 5400 Shareholders. These details might be very attractive to someone that is not fully reporting or a private company that Frank Orlowski might bring in.
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BLACKCAT
STOP, be patient be patient, Xmas is not far away.
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BLACKCAT
STOP, TAUG does not need to trade a $.01 the regulators could grant a waiver. TIC TOC TIC TOC WHAT TO DO. WHERE ARE ALL THE SELLERS.
BLACKCAT
Hi Zal,
TAUG is the rape victim and others want to put TAUG on trial.
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BLACKCAT
BAD,how do you explain the stock moving from $.0015 to $.0095 in a few months with all the free shares out.
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BLACKCAT
DO THE MATH RECENT HIGH .0095 BUYING BETWEEN .008 THRU.0084.
STAY TUNED.TIC TOC TIC TOC WHAT TO DO
$$$$$$$$$$$$$$$$$
BLACKCAT
ZAL, IT IS ABOUT TIME WE CAN BUY BUY BUY THIS AT A DISCOUNT.
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I am BUYING BUYING.
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diannedawn should we start the trial on this message board or should we wait until the trial date in Jan. I will be willing to save you a seat right next to me at the trial BRING THE POPCORN. However you must own stock to benefit from all of this.
HUGH BUY $$$$$$$$$$$$$$$$$$$$$$$$$$
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BLACKCAT
DID ANYONE READ THIS$$$$$$$$$
I guess several shareholders do not want to make a score.
The lawsuit has not been amended and Cowan has not answered . If it is not amended we can do a dirivitive.
Here is one of the emails I sent to Cowan - they have also committed what I think is extortion not returning the papers.
Are ALL Cowan Shareholders Liable, Maybe Criminal - Civil?
Hey there, its me again. Are you screwing your employees by keeping them in the dark like you did management of Tauriga? Shouldn't your employees know what's coming!
Federal Pacer Website - View Complaint https://www.pacermonitor.com/public/case/9866482/Tauriga_Sciences,_Inc_v_Cowan,_Gunteski__Co,_PA_et_al
Shareholders of Cowan, in addition to filing the complaint with NJ Attorney General, New Jersey Board of Accountancy and the PCAOB, what do you think about Tauriga shareholders sending a signed letter to the Federal Judge hearing this case asking her to refer this matter to the Florida Attorney General criminal division? A referral from a Federal Judge to the Attorney General would carry weight.
I hope Tauriga wins a 100 million dollars against Cowan with punitive damages, to set an example to other auditors. But that does not compensate shareholders you screwed directly. You scumbags should congratulate yourselves, because you have positioned yourself to be one of a few companies that meet the bar of being a defendant in a third-party shareholder class-action suit. Not to mention leaving yourself to be sued personally. Don't take my word for it, I have a couple relationships with big class action attorneys and they have pointed out third-party shareholder suits that they were successful winning. Your actions were a deliberate, pre-meditated, intentional and designed to harm Tauriga shareholders. If the insurance adjuster and supervisor were "in on it", as I believe,, they won a seat to be co-defendants with you. Punitive damages are not the norm in class actions, but once again, you dipshits managed to meet the bar for punitive damages as well.
Let's have a quick recap;
1. The reason why the shareholders have a standing to sue Cowan as a third party shareholder lawsuit is because you deliberately set out to destroy the company and the share price causing the stock to virtual cease trading and drop to a tenth of a penny.
2. The reason why we can sue each shareholder personally is because shareholders of Cowan actions in failing to return Tauriga's working papers so far out of the norm of decency and standard practices, in addition to the shareholders of Cowan deliberately setting out to destroy shareholders of Tauriga.
In bet some of you shareholders have some nice personal assets eh. Houses, retirement accounts ect..
How many scotches do you Cowan shareholders swig down at the 19th hole of the clubhouse, laughing about how you screwed over Tauriga shareholders? You think your only loss in this matter will be an insurance deductible? Are you dirtbags laughing now?
Here are just a few questions I think about;
- How many, and which shareholders or Directors of Cowan participated in the decision to refuse to return Tauriga's working papers? What date shareholder meeting occur and are the minutes memorialized? OR, Did the managing partner conceal to other Cowan shareholders that he was refusing to give Tauriga its working papers back despite numerous requests?
- Who, if any other persons, advised Shareholders at Cowan to REFUSE to return Tauriga's work papers. Include attorney's and insurance adjusters in this conspiracy to deprive Tauriga its work papers.
- Why weren't the working papers returned immediately to try to mitigate these damages done to Tauriga and its thousands of shareholders?
- Why wasn't all ill-gotten fees Cowan charged Tauriga returned immediately to mitigate the damages done by your malpractice, so that Tauriga could hire another auditor. The de-listing crippled Tauriga fund raising ability.
- Why didn't the shareholders of Cowan immediately assist the new auditor with rectifying the filing error and assist Tauriga in uplisting? Oh, that's right I know the answer, it's because you JACK AZZES didn't return Tauriga's working papers.
- When was Cowan's malpractice insurance carrier advised that Tauriga requested the working papers? Who were the adjusters, managers or legal inside the malpractice carrier that knew that Tauriga's working papers were being requested returned?
An auditing firm has a fiduciary responsibility. An insurance company has certain basic responsibilities when adjusting a claim. Seems logical that if my house burned down by an arsonist with insurance coverage the insurance carrier would want to mitigate damages as much as possible, and not throw gasoline on the fire. Even if certain valuations needed appraisers to evaluate the claim, at the very least the insurance carrier could have done here was to advance funds against the final claim so that Tauriga could hire another auditor. Seems to me the insurance carrier would want to mitigate its liability by directing Cowan to return the working papers of Tauriga and assist Tauriga in every way possible in getting whole, including assisting in restoring Tauriga's filing status. That is unless they wanted to use refusing to return Tauriga's working papers as a weapon. Tauriga had to file a federal lawsuit just to get it's papers returned.
I have no doubt, whether a jury in a punitive damage case or a jury in a criminal case will see the actions taken by Cowan, and Cowan's malpractice carrier as a horrific act of CRIMINAL EXTORTION.
Real people lost real money. The stock was as high as $.30 at one time and even though it was only around a penny at the time of the listing you drove it down to a 10th of a penny. Seth did not have a chance to do another merger because 15 days after he became CEO, TAUG was delisted. The value of the stock including market and share price fluctuate. Each time the Company had some kind of a merger the stock price rose. It is a given that the delisting has damaged the CEOs relationship with hedge funds and investor groups. Did you ever think to give Tauriga shareholders a letter of apology so that CEO Seth Shaw, only 15 days into being a CEO, wouldn't be labeled a scam artist. No, you only cared about protecting yourselves.
I suppose all the Cowan shareholders will be deposed as the trial date nears, but it will be much better if they are answering questions to the State Police or FBI.
The cover-up is always bigger than the crime. I wouldn't be surprised if a few scumbags at Cowan are taken out in handcuffs, along with whatever dopes were giving you legal or insurance advice on the strategy to withhold the working papers from Tauriga.
If a jury gives Tauriga a bigger judgment than your insurance coverage ( a given in my humble opinion as Hulk Hogaan was just awarded 140 million and that did not involve thousands of shareholders, malpractice and extortion), I suppose your bonuses and raises at Cowan will be effected, eh. Press releases are coming, and every prospective client that Google searches your Company's name as well as the Company's shareholders names will be seeing this lawsuit, censure and press releases. Not returning the Company's working papers was not only outrageous, I think it rises to criminal extortion, I have no doubt a jury will feel the same way.
Wouldn't it be a hoot if all of you pleaded the fifth in your depositions. I wonder how many of Cowan's shareholders know what they have done could be criminal. Well, the shareholders of Cowan will be deposed soon and in January they will be testifying in front of a jury. I wonder if many of Cowan shareholders were left in the dark? Meyler has one foot on a banana peel and the other one out the door anyway. I know Cowan knew. Conspiracy to extort a public Company into accepting a fractional settlement by refusing to return said Company's working papers after committing malpractice is not the kind of thing that looks good on a resume.
Hmmmm....
I see you are trying to block your employees from getting emails. Good luck with that. You haven't learned a thing have you. Are you trying to hide from your employees the actions you you committed which escalated this litigation? Ha. Deja Vu - just like you concealed from Tauriga that you were being investigated for the 2014 financials yet you kept right on billing Tauriga into 2015. How is blocking the emails working out for you? Not so good, eh. Don't your employees deserve to know what is going on, or do you want them to be in the dark until the day a few of the shareholders are possibly walked out in handcuffs or possibly lose tens of millions in litigation.
No limitation on punitive damages in Florida, OOUCH. Cowan shareholders have nice low hanging fruit to collect from including; houses, bank and stock accounts and retirement accounts. Your actions were despicable.
Doesn't matter about you trying to block the emails anyway as their employees home addresses are available. But if any employee does not want an occasional update they can opt out and that will be respected. I am pretty much done for now.
P.S.
One more thing, our shareholder group has quite percentage of outstanding Tauriga shares, we want this case to go to a jury and therefore may also file a shareholder derivative suit. We want jury to hear the agony and anguish of shareholders. We want to know why the papers were not returned and who was responsible. We want the jury the hear the anguish, stress and humiliation CEO Seth Shaw was needlessly put through.
diannedawn,I know John C stated he had case law about how we shareholders can sue the Auditors directly and personally, outside their corporation.
I found this link to verify it.
http://www.law360.com/articles/636667/schwab-case-opens-litigation-doors-most-thought-closed.
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BLACKCAT
Shareholders addition changes on www.tauriga.com. Now new investors will be able to check out the press releases direct to the website. This tell me something is coming soon.
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BLACKCAT
diannedawn that was typed backwards I think. You are correct the date is Jan. 2017.
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BLACKCAT
diannedawn,You can purchase the transcripts direct from the court. Because of the mediation the trial will begin in the fall of 2017.
I hope you come to the trial, it would be great to meet you. I hope the share price recovers by then and you will think better of Seth Shaw.
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Dianne Dawn Check the transcript about what was said about court date.LOL
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BLACKCAT
rawman,I am a Amateur, however I believe Lawsuit is being amended as we speak by companies Lawyers it is in the Lawyers hands.
I think after amending first Lawsuit, company will file a separate Bad Faith lawsuit against the Insurer for $20 Million.
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BLACKCAT
Johnny C you are correct:
Despite what some think, the TAUG insurance claim might have been settled lower than the current claim, but the auditor and the insurance company have no one to blame but themselves. The delays, stalls and actions the carrier took appears to have been an effort to either put the company out of business or was a failed strategy to try to save money by backing Seth into a corner and get him to accept whatever they were willing to offer.
I did do the research and came to the same conclusion that the shareholders have a claim against both the accountant firm Cohan & the insurance company for intentionally trying to keep the stock down in intentionally hurting shareholders they roll the dice and they're going to come up losing.
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BLACKCAT
Hello Johnny C OUTSTANDING POST. Would you every consider changing your handle to Johnny Cash.
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BLACKCAT
BUFFALO FAN THANK YOU BLACKCAT7717
10K ALL FINANCIAL CURRENT ON TAUG.
http://ih.advfn.com/p.php?pid=nmona&article=71541962
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BLACKCAT
TO ALL SHARHOLDERS
WHAT IS THIS 10K FILING FOR TAUG.
I WILL BE A BIG BUYER ON THIS PIECE OF SH-- ON MONDAY $$$$$$$$$$$$$$$$$$$$$$$$$
https://biz.yahoo.com/e/160520/taug10-k.html
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BLACKCAT
Dianne, I guess I will be squatting all the way to the bank.
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BLACKCAT
STOP STAY TUNED PLENTY OF TIME TO BUY. YOU CAN GET IN AT $.03
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BLACKCAT
Ronle,
Thanks you for your kind words. I am still a buyer, my problem no selling.
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BLACKCAT
ZAL, GOOD NEWS TAURIGA HAS UPDATED THEIR WEBSITE.
THIS IS ANOTHER SIGN THE COMPANY IS LIVE AND WELL.
http://tauriga.com/
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BLACKCAT
ZAL I AM OLDER THAN YOU, YOU CAN AFFORD TO PAY HIGHER AND WAIT.
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BLACKCAT
STOP, HAVE YOU EVER BEEN IN A HURRICANE. IN THE NORTHEAST WE GET THEM ALL THE TIME. WHEN THE EYE OF THE HURRICANE MOVES OVER WERE YOU MIGHT LIVE, THE WEATHER IS SO CALM. THAT IS WERE TAUG SHAREHOLDERS ARE RIGHT NOW IN THE EYE OF THE HURRICANE.THIS IS CONFIRM BY FOLLOWING THE LOW VOLUME ON THE SELL SIDE. THE BUY SIDE WILL NOT PICK UP UNTIL WE HEAR SOMETHING POSITIVE FROM THE COMPANY. THAT IS WHY I AM TRYING TO PURCHASE STOCK AT CHEAP PRICES ON THE BID AND SOMETIMES TAKING THE OFFERING.
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BLACKCAT
Rawman, TAUG is a clean shell with 5400 shareholders with very little debt and a promise from the company to seek out other business partners going forward in any business. None of this can go forward without the filing of financials and regain fully reporting status.
If this was accomplished would you be a buyer of this piece of SH--. If this is not a good idea from the company,what would you suggest?
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BLACKCAT
dianne, As you well know, buying low price OTC stocks is a high risk venture. When I purchase 10 different speculative stocks for my account for the long term all I need is 3 to be successful. If my timing is off and the stock I purchased goes down I will buy more and bring my average cost down.I am not in charge of making any of the decisions of any of these companies that I own on a day to day basis. Some penny stocks work out and some do not. I purchased Rite Aide at .50 and held it for 5 years or more and the company is being bought out by Walgreen at $9.00. What is missing on this board is patience. To many flippers. Some of the stocks I have purchased over the years have worked out and it took at least 5 years. I have been in TAUG & SCRH for more than 5 years and own 8 others. Lets see what happens. Many CEO delay on moving forward on events for many reason. (financials,legal matter ect.)All I hear on this board is you promise this and you promise that, give me a break. If any of you have run a business you know what I am talking about. My wife always points out my mistakes and never reminds me about my successes.
I am still a buyer of TAUG and have tremendous faith in SETH SHAW and what he is trying to accomplish. Making fun of him might give some of you satisfaction. Are we in a sprint or a marathon? In the end I think Seth Shaw will laugh all the way to the bank. I am in a 50% overall tax bracket and when I win I pay half of my gains and when I lose Uncle Sam loses with me.
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BLACKCAT7717
Hello diannedawn,
I think the Johnny C post is a type o. It should have been TAUG not DECN.
Blackcat
BUFFALO, it is very simple. The downside risk is only $.0094. That downside risk can only be accomplished if the company goes out of business. I believe the upside potential is $.05 over a six-to-twelve month period. This can be accomplished in several ways.
1) TAUG regains its reporting status
2) TAUG receives several million dollars from the errors & omission policy with CHUBB insurance currently filed in a lawsuit.
3) Used the money to make an acquisition.
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BLACKCAT
ANOTHER SHARES 100,000 PURCHASED @ $0094.ONLY 239,000 @ $.0094.
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BLACKCAT
ZAL PLEASE DO NOT GIVE ME CREDIT YET.Wait until TAUG go up to $.10
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BLACKCAT
STOP, Just traded 150,000 more. I only used $12,000 of the $50,000 I sent to my broker. I cannot buy anything on the BID only 339,000 shares left @ $0094 and 500,000 @ $0095 after that we are on our way to $.01. TOTAL CURRENT VOLUME 251,000 TRADED
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ZAL IT ONLY MATTERS IF YOU ARE A SHAREHOLDER.
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BLACKCAT
Deaf what is the difference if it is an empty shell or Apple Computer. Most lawsuit are judged by the courts on the merits of the case. It only matters if you are a shareholder.
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BLACKCAT
Hello Stop,
I think you are correct. WITH THAT SAID WERE ARE ALL THE SELLERS.
I NEED TO BUY SOME STOCK.
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BLACKCAT
Zal , This is better than Sat. Night Live.
blackcat
BADMAN, I just bought one million shares of TAUG @ $.0085. current position 10 million shares. I will buying more.
Blackcat