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Appellate courts will not stay an Order to Show Cause.
He can appeal the upcoming contempt finding/ruling - from jail!
re Fluffy didn't mention the receiver in his PR
Another day, another 10b-5 violation.
It shall be unlawful ... to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading ...
re: "Why doesn't he just DO it, rather than merely saying he plans to do it?"
Because he wants to continue selling paper as long as possible.
SHAME on the DOJ for not stopping him by now.
What a pack of lies! Here are some of the more blatant ones:
Universal Express' case against the SEC
Company's request for an initial jury trial
direct contrast to the judicial rules
awarded $700,000,000 for naked short selling
retaliatory case brought by the SEC
has already destroyed over 10,000 small public companies
RA apparently doesn't realize that sticking both feet in his mouth leaves him without a leg to stand on.
jking, Convicting RA and Gundy of securities fraud would be a slam dunk on the existing evidence. While I certainly hope criminal charges get filed, I'm not at all confident it will happen. Most penny fraudsters get away with it. Heck, Gundy hasn't even had his bar card yanked.
It was Richie A who conned you out of your money, not the SEC.
callthebank - Do you think RA and Gundy did not violate the orders in the judgment?
Does anyone here think that?
It's a safe bet there won't be much for the receiver to work with. RA would probably argue the 5th Amendment says it's OK to destroy incriminating documents and records.
The stinker for RA and Gundy is: In order to avoid a contempt ruling and incarceration, they must produce evidence to show they have not issued any new shares and none of their recent press releases, interviews, or webcasts contained any false or misleading statements.
That's going to be a tough row to hoe! I venture to guess that not even their most ardent supporters on the message boards would dare try to make that case.
re: "Got kind’a quiet here when the final notice came out about the court sending in the receiver and RA to appear in front of the judge for the contempt hearing"
Alas, USXP's PRs, webcasts, and "interviews" have proven to be false and misleading.
reL: "Dont worry we will be alright!!!!!"
What factual evidence can you cite back up that assertion?
re: "Maybe the receiver will get us the new O/S number"
Or at least ungag the TA so people can find out what it is.
It's quite possible the receiver may find little in the way of records. If RA's got a lick o'sense, he's shredded all the incriminating evidence
For many, holding on to false hope is preferable to acknowledging there isn't any.
re: "I dont know why he would blatently lie "
To induce people to buy and to deter holders from selling.
It's a sure sign he's still dumping new paper.
Can't WAIT to see what the Fluffster does next...
He'll ask himself, "What would Rosa Parks or Ghandi do?
I figure he'll say he's going to appeal the ruling, on behalf of the all the little people who have been ruined by arbitrary SEC actions against penny stock promoters.
It's up on PACER
cbeemer posted parts over on rb
CONCLUSION
For the foregoing reasons, the SEC's motion to appoint a receiver is granted. This Court orders defendants Universal Express, Altomare and Gunderson to appear on October 12, 2007 at 2:30 pm,. to show cause why they should not be held in contempt.
SO ORDERED
http://ragingbull.quote.com/mboard/boards.cgi?board=USXP&read=533574
Psst. Motion for receivership has been granted.
Universal Express, Inc. (OTC:USXP), announced that a jury in the Circuit Court, Dade County, Florida, yesterday awarded USXP a damage verdict after trial of $389 million dollars ...
"Mr. Tifford expects to recover on behalf of the Company a substantial part of the judgment with a relatively short period of time," stated Mr. Gunderson.
"Arthur Tifford, the Company's lead attorney, has indicated to me that he is certain that these defendants have hidden hundreds of millions of dollars."
"Our counsel fully believes that the assets do exist and in due time his staff believes that they will locate and capture the defendant's funds."
"Universal Express, Inc.'s General Counsel, Chris Gunderson announced today that the Company's attorneys have located assets of the defendants and are proceeding with writs of attachment and garnishment."
"Universal Express, Inc.'s General Counsel, Chris Gunderson, announced today that hard assets of the defendants have been located in the United States with respect to the $389 million judgment received by the Company"
"... announced today that collection steps for the $389 million judgement for hard assets, accounts, stock certificates, currency and bouillon would involve additional cities and countries in which the defendants operated principal offices and branches, including Atlanta, Chicago, Dallas, Denver, Hartford, Los Angeles, Phoenix, New York, Palm Beach, Washington D.C. and Brazil, Canada, Germany, India, Mexico, Netherlands, Russia, Spain and Venezuela."
"Despite some understandable banking and administrative setbacks due to the September 11th attack, I believe that the $389 million dollar judgment in favor of the Company is substantially collectible over a relatively short period of time...."
"Our continuing to develop our core businesses, continuing the collection efforts on our $389,000,000 judgement and applying for additional and alternative trading exchanges here and abroad, will be our directives for 2002", said Richard A. Altomare, President and CEO of USXP."
"Although we all would like very quickly to state specific numbers and small seizures, for obvious reasons we intend to follow the direction and experience of our lawyers to increase and insure our intended and maximum settlement," said Richard A. Altomare, President and CEO of Universal Express.
The Company's General Counsel, Chris Gunderson states, "The defendants and their co-conspirators have hidden hundreds of millions of dollars, and I am confident that the judgment is substantially collectible."
"Our professionals have located various offshore venues which they will visit shortly for possible collection accounts."
"To continue on this highly visible collection process, I once again repeat our corporate position on the awards, the collectibility, and the options of our developing company," continued Mr. Altomare.
"I believe that these judgments, as well as an additional post-judgment interest so far of $82 million dollars, totaling judgments and interest of $608 million dollars, is substantially collectible."
All from USXP press releases.
RA and Gundy have been repeating duplicate lies for years.
I wonder how many more they have in them before the court does its job and pust a stop to it.
How many more of these duplicate posts you have in you?
The "con" in conman stands for confidence.
re: "I wonder what this after market webcast will be this friday"
RA is nothing if not consistent, so it's a safe bet it will be like every prior one - a pack of lies and empty hype.
You hit the nail on the head and named the only reason, however irrational, anyone believes a USXP press release.
I can If I want.
re: Next week new PR's
If RA issues some, will you believe them and if so, why?
Tito Jackson's 54th birthday.
whats going to happen oct 15th?
In order to be able to say he did not sell shares, RA issued new unregistered but free-trading shares to people, saying they were "payment for future services." He then hired hypesites and issued false press releases to pump up demand. Into the pump, the new shares were sold, with the proceeds shared between RA and fellow conspirators.
It's an EZ money scam, and most penny promoters get away with it.
How do you think USXP can avoid bankruptcy?
re: what took USXP up to .04 a while back?
Manipulation.
re: I thought some one here said RA can't even paid for his rent?
Nobody here said RA can't pay his rent. They reported the fact he didn't pay it.
You jumped the track with the first two words.
moneytv appearances are not interviews, they are advertisements. Give them money; they'll pretend to like your company and let you say anything you want on their show.
Do you deny USXP committed fraud?
The next earnings report due is the audited 10K, due at the end of September - with extension, the middle of October.
I predict it will never be filed - USXP will be gone by then.
re: somehow it closed even
A two hundred dollar daub of paint closed it even.
Once again, greed trumps ethics.
Thats the only thing that matters.Scams or not.
So when was madpeckers started?
That article says: "Started in 2005"
Yesterday's PR says: "From its humble beginning last year," but later in the same PR says: "a seasonal business in our initial years"
Like his daddy, Brian can't seem to keep his BS consistent.
Another day, another violation.
http://quotes.freerealtime.com/rt/frt/N?symbol=USXP&art=C2007081000222u1040&SA=Latest%20News
Whats the point of holding on to this stock?
To avoid the bad karma from selling it to someone who does not know usxp is a scam.
Don't see why RA is so bent on keeping this ...
Running a penny paper mill is like being able to print money. I suspect it is a bit addictive.
Accordingly, it is hereby ORDERED that:
1. Plaintiff's motion to dismiss without prejudice the fifth through tenth claims of the complaint as against these defendants (doc. # 190) is GRANTED.
2. Defendants' motion seeking a jury trial (doc. # 183) is DENIED as moot, without prejudice to reassertion if a trial becomes necessary.
3. Defendants' motion to stay further proceedings pending appeal (doc. # 188) is DENIED.
SO ORDERED
Dated: New York, New York
August 3, 2007
GERARD E. LYNCH
United States District Judge
RA smacked down again.
http://www.4shared.com/file/21478202/b4278d17/show_case_doc-201.html
Repent ye pumpers, the end is near.