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I can not stop laughing! YA Global I guess is now at long last admitting it is in the scam biz, as a matter of fact it has a public registration that says so. It looks like YA Global is clearly fearful of anyone else getting a slice of it YAGISCAM biz, and the company started at Godaddy to wrap up the market, take a look:
www.yagiscam.biz www.yagiscam.org www.yagiscam.net www.yagiscam.info www.yagiscam.biz
Looks to me like the YA Global Brain Trust is clearly trying to corner the SCAM market by setting up a monopoly in the web based YAGIscam developing public market! Perhaps YAGI has been short selling itself and now it is time to get the truth out and these new sites will provide the truthful portal for the YAGI staff to expose the true business efforts of YA Global?
Can we look forward to a www.yagiscam.biz blog from them, perhaps soon? Boy that would be great!
Ya right!
This is really funny! Look forward to seeing the new site from them WWW.YAGISCAM.BIZ
Would you call that Paranoid. These young men took all the verations of Yagiscam.XXX perhaps setting up some competion for my nice site.
YAGlobalscam.com
YAGIcrooks.com
YAGIcriminals.com
YAGlobalsucks.com
YAGIsucks.com
I mean we can really have some fun here and I guess as I point out new domain options YA Global can run around buying them up, so above is a nice start for ya! I have to say that this would not be so fun if these guys were not such idiots.
Registrant:
Yorkville Advisors, LLC
101 Hudson Street
Suite 3700
Jersey City, New Jersey 07302
United States
Registered through: GoDaddy.com, Inc. (http://www.godaddy.com)
Domain Name: YAGISCAM.BIZ
Created on: 10-Jan-11
Expires on: 09-Jan-13
Last Updated on: 11-Jan-11
Administrative Contact:
Gull, Thomas tgull@yorkvilleadvisors.com
Yorkville Advisors, LLC
101 Hudson Street
Suite 3700
Jersey City, New Jersey 07302
United States
+1.2015365121
Technical Contact:
Gull, Thomas tgull@yorkvilleadvisors.com
Yorkville Advisors, LLC
101 Hudson Street
Suite 3700
Jersey City, New Jersey 07302
United States
+1.2015365121
THE BANKRUPTCY COURT LACKS JURISDICTION TO ENTERTAIN
THE RELIEF REQUESTED IN THE EMERGENCY MOTIONS
As set forth in accompanying Declaration of Gregory Grantham, Don R. Logan, (“DRL”) is not an employee or agent of Gregory Grantham. Gregory Grantham is not an owner, publisher, editor or In any way involved with the website, www.yagiscam.com. According to the motion, DRL is the person actually responsible for the website, but DRL is not a party to this adversary proceeding, nor is he creditor of Cobalis. DRL is a member of the public who
happens to own a website which publishes information and documents about the Defendants, including this bankruptcy case and adversary proceeding. Defendants have not brought DRL within the jurisdiction of this Court. They have not
even attempted to do so.
The orders sought would plainly affect him and curtail important freedoms which, as a citizen of this country, he possesses. It is dubious whether this Court would have jurisdiction over DRL even if the Defendants’ legal team filed an adversary proceeding against him, inasmuch as the subject matter does not relate to a case under Title 11, but rather to ‘speech’ about a case under Title 11.
If bankruptcy courts had jurisdiction over members of the public that post or publish information about bankruptcy cases, then every newspaper or news source reporting on bankruptcy cases would be under the general jurisdiction of the bankruptcy courts. That’s far astream of what Congress had in mind when it enacted Title 11. Even though the Defendants have the resources to employ attorneys from national firms who hire graduates of prestigious
law schools, many of whom clerked for federal appeals court justices, they act as if they don’t know the difference. Instead, they ask this Court to overstep its bounds on behalf of
defendants of questionable reputations in the securities markets by issuing orders on their clients’ behalf against a third party who has no connection to this case.
11 U.S.C. § 105 is not a roving commission to do equity or to do anything inconsistent with the Bankruptcy Code. Norwest Bank Worthington v. Ahlers, 485 U.S. 197, 206, 108 S.Ct. 963, 99 L.Ed.2d 169 (1988) (equity powers); Resorts Int'l, Inc. v. Lowenschuss (In re Lowenschuss), 67 F.3d 1394, 1402 (9th Cir.1995); Am. Hardwoods, Inc. v. Deutsche Credit Corp. In re Am. Hardwoods, Inc.), 885 F.2d 621, 624-26 (9th Cir.1989); Bear v. CoBen ( In re Golden Plan of Cal., Inc.), 829 F.2d 705, 713 (9th Cir.1986); In re Yadidi, 274 B.R. 843 (9th Cr. BAP 2002) at 848. It certainly does not authorize Bankruptcy Courts to address the contents of public websites that publish material concerning a case. Moreover, the language of § 105 fixes the limit at measures “necessary or appropriate to carry out the provisions of” the Bankruptcy Code. Golden Plan, 829 F.2d at 713; Yadidi, 274 B.R. at 848. Considering that the § 105 limit is to measures necessary or appropriate to carry out “the provisions of the Bankruptcy Code,” the fundamental problem is that it is difficult to haracterize a proctective order that seeks to take down a website and prohibit members of the public from asking government agencies to criminally prosecute the defendants in this case as carrying out the provisions of the Bankruptcy Code.
An “cease and desist” addressed to speech is more than filling in the interstices, which § 105 does not authorize. Cf. Yadidi, 274
B.R. at 848. Even if such an argument had some probative value, the 1st Amendment to the U.S. Constitution has supremacy and would appear to provide full protection to the website’s
content. A fundamental right of a citizen is to petition the government to redress grievances.
Defendants argument that § 105 authorizes this court to issue the requested protective order is not persuasive.
Similarly, F.R.B.P. 7026, (which incorporates F.R.C.P. 26) does not authorize the relief requested. The www.yagiscam.com website has nothing to do with the discovery process in this adversary proceeding. There is no discovery that is pending. When a new discovery request is made in this case, Defendants would have the right to seek a protective order as to the demanded documents or information, and that motion would rise or fall on the merits of
the arguments concerning the particular discovery items sought. There is no ripe issue before Case 8:09-ap-01705-TA Doc 72 Filed 01/14/11 Entered 01/14/11 12:59:52 Desc
Main Document Page 3 of 8
this court to resolve with a protective order. It would be unwise to issue a ‘look back’ protective order because it is impossible to know exactly the number of persons in possession
of or with copies or knowledge of documents previously produced, and which ones would or would not be bound by the protective order. Protective orders must be made before discovery
is produced or the plain implication is that any right to a protective order or relief is waived. A Court should not enjoin or restrict access to discovery documents after a long period has
passed since production, and where access had heretofore been unrestricted and dissemination may have been wide. There would be no purpose served in restricting parties and counsel from dissemination where the information is available from other sources. Plainly, at that point, confidentiality, if any existed, has been breached.
Defendants have not offered any evidence showing that documents posted at this website were subject to a protective order. Defendants make a claim of breach of confidentiality as to only one document posted on the website which Defendants claim is confidential – the redacted Sloan Securities account statement of Cornell Capital Partners from March and April, 2007, which was produced by Defendants in redacted form. However, this same document, in unredacted form, was produced by other parties in this and other cases.
The fact that this same document was available from other sources seriously undermines the notion that the ‘redacted’ version roduced by Defendants and or their counsel, would be ‘confidential’ at this juncture even if true.
Some of the depositions or transcripts and audio recordings osted on www.yagiscam.com available on the docket or available to the public. Hearings in court and documents in court files are public record. Absent a protective order or order sealing a file,
the mere fact that a critic of Defendants’ business practices has obtained a deposition or pleading available on PACER, and then made it available on a website for viewing is not against
any law and would appear to be well within the purview of the protections afforded to citizens under the 1st Amendment.
Case 8:09-ap-01705-TA Doc 72 Filed 01/14/11 Entered 01/14/11 12:59:52 Desc
Main Document Page 4 of 8
There is no competent evidence before this court that Cobalis or its attorneys are engaged in any of the conduct complained of in the motion. Indeed, based on the evidentiary objections to the Declaration of C. Luckey McDowell, Esq. and the attached exhibits, there is no evidence before this court if the objections are meritorious, (and they are). At best, Defendants could ask the Court to take judicial notice of the website and view it. The documents offered in support of the motion are not authenticated, are plainly hearsay, and exception would appear to apply.
II.
CONCLUSION
Respectfully, if the defendants or their principals do not like their pictures being displayed on yagiscam.com or the written requests to the SEC for investigation and prosecution of them, or the opinions stated on the website concerning their business practices, Plaintiff suggests that Defendants take these matters up directly with the owner of yagiscam.com and not through the misuse and suggested abuse of the rules governing discovery in adversary proceedings or the limited powers granted by Congress to Bankruptcy Courts in 11 U.S.C. § 105.
The Defendants have this individuals’ home address, phone number, or can reach him by e-mail at the address listed on the website, appropriately named:
Ineedtowhine@yagiscam.com
Dated: 1/14/201 LAW OFFICE OF GREGORY GRANTHAM
More fun facts as offered by the Brain Trust at Baker Botts. In David Gonzalez's declaration he states that he is concerned as the documents on MY website provide home addresses and personal information that he for whatever reason feels should not be made public, and in the Lucky McD dec Mr McD offers the same info on ME that has made the YAGI staff so fearful of being made public?
If fact my more data is placed into the public records on me then is collected on ANY of the punks at YAGI. Can you say doubble standard twice while standing on your head too?
Mr Mc D offers by way of his court filing in fact far far far more personal data about me then I have uncovered publicly on ANY OF THEM, but Mr David (no middle name) Gonzalez claims he is fearful that the data his attorneys placed into the public records on ME, could be a problem should HE be exposed.
In fact I redacted the address for Mark Angelo, yet my address is now out for the public as well as the YAGI thugs to make public in retaliation for my web based expose?
Thank you everyone for your continued support.
A reply to the YAGI motion to remove the first Amendment and block the public's access to the truth about YA Global was filed today. Please take a look at the documents for yourself and see just how desparate the YAGI crew has become:
The docs are now posted on pacer and the website shortly: www.yagiscam.com
Perhaps Baker Botts can get a attachment order on my Kitty Cat?
I have no idea what will happen in that case. My objective here is to gather a group of stockholders that after a review of the data that I have posted are willing to join a CLASS ACTION lawsuit on these boys. Please take a real close look at the companies that fell victim to them and ask yourself how much it cost me. If you are a loser, thanks to YA Global, LMK, send me your name as a class is now being gathered to take the information that I have made public to the next level.
After watching for years, and as you can see from the site I have gathered a GREAT deal of info:) Cobalis seems to be the only one that has stood up to these "THUGS" as I said I fell u[pon the company as the result of a true need myself and when I could not find more PreHistin I was enlightened to the drama underway. Try to imagine the SHOCK I experienced when a simple PACER search came up with the same names that WERE THE SAME NAMES THAT DISTROIED MY COMPANY! A criminal pattern of actions became clear, to me and those who I share this with. ASK YOURSELF WHY ON EARTH THE SINGLE LARGEST LAW FIRM IN THE US WOULD DO SOMETHING LIKE TRY TO GET THE WEBSITE TAKEN DOWN ALLTOGETHER.
THE ATTORNIES FOR YAGI LIE TO THE COURT MANY TIMES IT THIS MOTION TO CHANGE THE FIRST AMENDMENT. THE Big Boys AT BAKER BOTTS TELL THE COURT THAT A ANOMOUS PERSON POSTED THE YA GLOBAL ON WIKIPEDIA. WHEN IN FACT PAGE 39 OF THE EXHIBIT SHOWS THAT THE USER HAS CLEARLY ID'ED THAT USER AS WPPilot, and even has the edit history up on one window. I have been a contributor to Wikipedia for years and my photos AND EVCH OF THEM HAS MY NAME CLEARLY POSTED UPON ALL OF THEM, in fact the "USER (David (no middle name Gonzalez)has a photo, from the USER WPPilot open on his computer AND THAT PICTURE HAS MY NAME UPON IT!!!
Baker Botts has chosen to lie to the court in an effort to run up its bill with these porr victims at COBALIS. Do yourself a favor, and try the stuff. I do not work for them, and I own not one share of the stock. I have nothing more these idiots can take from me. My family was a victim of a ponzi scam and lost everything we had so THE BEST BAKER BOTTS CAN HOPE FROM WITH ME IS TO SEND ME, personally into bankruptcy, by filing a suit upon me for speaking up and expressing my rights as a American.
PLEASE JOIN THE CLASS FOR THE CLASS ACTION that is the way to recovery from these crooks.
Simple Harassment, yes YAGI and the Baker Botts Brain Trust had clearly knows who I am. The real problem here is that I have NOTHING whatsoever to do with Cobalis, Cobalis is being victimized by YAGI and Baker Bott’s. EVERYTHING ON THE SITE IS ALREADY POSTED IN PACER AND IS PUBLICLY AVALIABLE TO ANYONE!
I just took the time to make it accessible to you, and YAGI freaks out.
If you live in California a Freedom of Speech hearing on this matter is going to be held in the Santa Ana courts next TUESDAY, PLEASE COME AND VOICE YOUR CONCERNS!!! 5TH FLOOR, Judge Alberts court at 11am
My company American Eagle Motorcycle co was driven into the ground by YAGI, (Short Sellers) and over 700k was spent in court but the Baker Botts brain trust just kept the pressure up to assure that the judicial system would out paper the defendant Larry Lunan.
Fact is the ISP I use has only DHCP, so the best it can hope for is a IP number with a area that is about 50 sq miles. The harassing subpoena is an attempt by Baker Botts to simply act like THUGS. Everyone here knows who I am and Baker Botts is in the process of changing the First Amendment as it would like the right of freedom of speech, removed from my objectives.
What is most funny to me is the fact the I got a phone call, from Lucky Mc D, Last Monday afternoon, after I had sent him a e mail letting him know I would be happy to talk. When he called, he hung up on me. He made no requests, did not ask or ID anything that he found objectionable, he just hung up. I CALLED BACK 5 TIME, and yep he never answered.
Baker Botts falsely thinks that I have something to do with Cobalis, and simply does not understand that Richard Happer's signature on the document that FORCED MY COMPANY INTO BK is the common thread that keeps me working on these punks. HOW ON EARTH DO YOU DRIVE HUNDREDS OF COMPANIES INTO THE GROUND by using lies and deceptive security fraud?
In the Angelo depo that was already entered into public record Mark A is asked: Q. What would compel a businessman to spend millions of dollars in any litigation? A. " I had business interruption insurance, and it was the principle of it." Q. So, you're the type of businessman who would spend millions of dollars for principle? A. No. At different parts of my life, I would say more or less. I mean, every situation is different, but when we think we're right, you gotta have your principles, right? WOW
The fact is that Baker Botts is attempting to control ME as I have a HISTORY of SUCCESSFUL prosecution by federal agencies in similar matters.
The justice system is not fair for people like the nice people at Cobalis. I was aware via Pacer that this case was ongoing. Back in March I was given a free package of Prehistin, as I have a cat and really bad sinus problems and hate Anti Histamines that make me feel funny. Well the “Pre Histin” WORKS, and I must say it works GREAT!. I went through the whole box and went looking for it but a Internet Search turned up its legal problems I discovered that the company was also a victim of the same con men that had stolen my company I DECIDED TO TAKE ACTION and expose these boys as crooks and thieves but the Baker Botts team is afraid that my real story will get out and no it has. I am nothing more then a customer and a fan of the product to these poor people. Attorney Grantham is MY ATTORNEY, I hire him for cases, but have never worked for him.
Please review the site regularly and make sure to download the archive, I update it each day.
Thank you for your support
Lucky Mc D V Woody Wood Pecker:
IMPORTANT LEGAL NOTICE - PLEASE READ
Please be advised that we have received a subpoena demanding that we produce certain information sufficient to identify the holder of this account. That information includes but is not limited to the registration name, email address(es), and IP addresses.
You are being notified so that you will have an opportunity to seek to have the subpoena quashed, preventing our release of your information. You may wish to seek legal counsel in order that you may do so.
This subpoena is issued in the matter of:
Issued by the
UNITED STATES BANKRUPTCY COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
SUBPOENA IN A CASE UNDER THE BANKRUPTCY CODE
In re: UNITED STATES BANKRUPTCY COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
SANTA ANA DIVISION
Case No. 8:07-12347-TA
Cobalis Corp. Debtor. Chapter 11
v.
YA Global Investments, L.P.
Adversary No. 08:09-AP-01705-TA
iHub may choose to object in part or in whole to the subpoena. However; you should not rely upon us to object or upon our success in the event that we do object. We are required to produce by 02/01/2011. If you intend to seek a quash of the subpoena you have limited time to do so.
Any court order to quash should be emailed (with a request for confirmation of receipt) to legal@investorshub.com and to sbunch@tlolawfirm.com. It is incumbent upon you to obtain confirmation of receipt of any quash order that you send to us. iHub may choose to produce prior to the deadline, so please advise us if you intend to seek a protective or quash order.
A copy of this subpoena can be provided by email. Please email a request to legal@investorshub.com and include a link to this message in the body of the email.
Please be advised that iHub has limited standing to object to this subpoena. We will endeavor to keep you apprised of objections that we file, if any, but you should not rely or wait upon such events or notice if you intend to seek a motion to quash.
Regards,
Dave Lawrence
InvestorsHub.com
The Crack Legal Team at Baker Bott's has tossed the FIRST AMENDMENT out the window and filed a Emergency Motion to suppress THIS website and modify the First Amendment of the US Constitution. That is funny!
Motion For Hearing To change the First Amendment of the US Constitution:
http://www.yagiscam.com/RequestForOrderOnFirstAmendmentIssue/motionfororder.pdf
Declaration In Support of motion to modify the US constitution in a Bankruptcy Court proceding: Lucky McD:
http://www.yagiscam.com/RequestForOrderOnFirstAmendmentIssue/KindOfWhackyLookingDeclerationForOrder2.pdf
Declaration In Support David (No Middle Name) Gonzalez In Support of motion to modify the US constitution in a Bankruptcy Court proceding:
http://www.yagiscam.com/RequestForOrderOnFirstAmendmentIssue/dgonzDecForOrder.pdf
Please download the ENTIRE SITE ARCHIVE YagiScamSiteArchive.zip 1.7 Gig 1/10/2010
http://www.yagiscam.com/YagiScamSiteArchive.zip
Have a great day!
YAGI, in its motion, has failed to allege any factual connection of Cobalis management to the website.
Thus the motion must be denied for failure to make a prima facie showing that the party to be restrained has engaged in any act warranting restraint.
Cobalis can only control its own acts. No employee or agent of
Cobalis is being directed by Cobalis to make postings to websites.
All of the documents are available on Pacer, including the depositions. They are not copyrighted and therefore can be freely obtained and disseminated. Or anyone can come into
the courthouse and copy them.
YAGI has the same right to post to websites.
The use of intemperate language, is still protected speech as long as it does not violate statutes and regulations. No allegation of this is made in the emergency motion.
Here is the TRUTH about Woody WoodPecker!
I AM a victim of Cornell, Yorkville, YA Global. I spend 6 years building a company, Yagi bought it, never paid, short sold the stock and drove it into the ground. The company cut a deal with my father, from my company and NEVER PAID.
The website that was created has no connection to Cobalis as no individual working at Cobalis is quoted. What we have here is a victim of YAGI (and there are many) using this case as further support of his personal campaign against YAGI.
Using public case records to advance an independent cause, however, is vastly different that a party to the case using those records against another party in the case or polluting a jury pool, as YAGI suggests.
The Court lacks personal jurisdiction of the poster to the websites unless he presents himself to the Court.
The Crack Legal Team at Baker Bott's has tossed the FIRST AMENDMENT out the window and filed a Emergency Motion to suppress THIS website. That is funny!
Motion For Hearing http://www.yagiscam.com/RequestForOrderOnFirstAmendmentIssue/motionfororder.pdf
Declaration In Support Lucky McD
http://www.yagiscam.com/RequestForOrderOnFirstAmendmentIssue/KindOfWhackyLookingDeclerationForOrder2.pdf
Declaration In Support David (NMK) G:
http://www.yagiscam.com/RequestForOrderOnFirstAmendmentIssue/dgonzDecForOrder.pdf
Please download the ENTIRE SITE ARCHIVE
http://www.yagiscam.com/YagiScamSiteArchive.zip 1.7 Gig 1/10/2010 over 5 years in the making!
YAGI Attornies file EMERGENCY REQUEST to have the site WWW.YAGISCAM.com order taken down off the internet. The hearing claims that Don Logan, the original founder and creator of American Eagle Motorcycle Company, (See 2:05-cv-05700-FSH-PS CORNELL CAPITAL PARTNERS, L.P. v. BAD TOYS, INC. et al) is behind the postings and seeks an order of the court to remove all data and the website.
The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances.
PLease take the time to download THE ENTIRE SITE please on this link HERE: http://www.yagiscam.com/YagiScamSiteArchive.zip
Yorkville Advisors charge in 10 count federal suit charging them with Criminal RICO violations.
http://www.yagiscam.com
A new website has some great and really detailed data for Law Enforcement that will I guess support the RICO criminal claim:
http://www.yagiscam.com
It says you have to be a cop to access it, but the site is wide open and has the trading records from all the Short Selling Trades that YA did, OMG!
If you clieck on the pictures the depos of each person comes up, these guys are regular slick willy's! I guess it is a matter of time now before the Yagi crew goes back to parking cars or sitting behind bars.!
Cobalis v Yorkville Advisors charged with R I C O
THIRD AMENDED COMPLAINT FOR Violation of 18 U.S.C. § 1961(a) – [R.I.C.O.]
Contributor: Law Offices of Gregory Grantham SUMMARY: This 10 count complaint filed upon Hedge fund YORKVILLE Capital (YAGI)provides great detail on market manipulation that Cobalis Corp claims in a $100,000,000.00 dollar damage complaint for:
1. Breach of Securities Purchase Agreement
2. Breach of Debenture Agreement
3. Violation of Rule 10-b-5
4. Violation of Section 17(a)(1) of the Exchange Act
5. Violation of 18 U.S.C. § 1961(a) – [R.I.C.O.]
6. Unjust Enrichment & Restitution
7. Declaratory & Injunctive Relief
8. Unfair Business Practices
9. Intentional Interference with Prospective Economic Relations
http://www.jdsupra.com/post/documentViewer.aspx?fid=41cc3ff9-9b16-43db-b885-5c9bc2577677
Cobalis v Yorkville Advisors THIRD AMENDED COMPLAINT FOR Violation of 18 U.S.C. § 1961(a) – [R.I.C.O.]
SUMMARY: This 10 count complaint filed upon Hedge fund YORKVILLE Capital (YAGI)provides great detail on market manipulation that Cobalis Corp claims in a $100,000,000.00 dollar damage complaint for:
1. Breach of Securities Purchase Agreement
2. Breach of Debenture Agreement
3. Violation of Rule 10-b-5
4. Violation of Section 17(a)(1) of the Exchange Act
5. Violation of 18 U.S.C. § 1961(a) – [R.I.C.O.]
6. Unjust Enrichment & Restitution
7. Declaratory & Injunctive Relief
8. Unfair Business Practices
9. Intentional Interference with Prospective Economic Relations
http://www.jdsupra.com/post/documentViewer.aspx?fid=41cc3ff9-9b16-43db-b885-5c9bc2577677