Company Sues Angry Investor For Alleged Libel, Defamation
By Hannah Meisel
Law360 (April 4, 2018, 9:29 PM EDT) -- Executives of a California-based company that specializes in helping businesses reach out to customers via text messages sued an investor in Illinois federal court Wednesday, alleging he posted dozens defamatory and libelous comments about the executives in online forums.
Textmunication’s CEO Wais Asefi and Chief Operating Officer David Thielen alleged Illinois resident and investor Lester Einhaus libeled and defamed them on multiple online message boards centered around penny stock investing. Einhaus, who lent $25,000 to Textmunication in September 2015, allegedly began posting the defamatory comments in 2017 after he demanded that the loan obligation be satisfied and demanded an amount of shares of Textmunication “well in excess of what he was entitled to under the terms of the loan,” the complaint said.
“Beginning around 2017, Einhaus began posting numerous messages on various internet message boards under various user names relating to Textmunication,” the complaint said. “In addition to posting false, defamatory and misleading information about Textmunication, Einhaus posted false and defamatory messages and information about Asefi and Thielen. Einhaus also began to harass Asefi via telephone and made numerous threats against him.”
Asefi and Thielen said in their complaint that they sued to hold Einhaus liable for his “defamatory and otherwise tortious conduct” and to prevent him from continuing posting comments about them online and threatening them in the future.
Einhaus allegedly went by three separate usernames in an online forum where traders discussed penny stocks, and between those three accounts, Asefi and Thielen alleged Einhaus posted over 150 libelous and defaming messages about them. Asefi, whom Einhaus refers to mostly by his first name, receives the brunt of Einhaus’ criticism in the messages, along with his wife, Rezwana, whom he repeatedly calls a “gold digger.”
“Wais Asefi is a scam artist and everyone in the Martinez California area knows,” one comment included in the complaint reads. “His wife Rezwana spends the shareholders money as quick as she can get her hands on it. The truth will be uncovered.”
Einhaus’ aliases alleged that Rezwana spent shareholders’ money on getting her nails done, saying she “needs money constantly.” Einhaus also allegedly posted comments taunting the Asefi family, regularly naming the couple’s son Juleon.
“How are the bills paid and payroll met is the magic question,” Einhaus allegedly wrote in June. “Wais needs a lot of money to maintain his life style with wife Rezwana. He also has his oldest son Juleon Asefi on the payroll. Shareholders flipping the bill for family bank.”
On June 20, Einhaus allegedly posted two separate comments suggesting Asefi and Thielen had committed crimes with shareholder money.
“Wais Asefi and David Thielen will be behind bar's soon enough,” one comment said. “They pulled some serious stuff with some share selling on the side to line there [sic] pockets.”
Another comment said simply: “Wais and David your days are numbered. Tick tock tick tock.”
As the summer wore on, the comments eventually transitioned to all caps, and in one such comment in August, Einhaus allegedly accused Asefi of seducing his wife into adultery.
“WAIS LURED MY WIFE AND I INTO LIES,” the comment said. “HE TOOK OUR MONEY AND EVEN THEN HAD AN AFFAIR WITH MY WIFE. REAL SCUM BAG. BAD FOR SHARE HOLDERS AND MANY IN MARTINEZ CAN'T STAND HIM. DOES THAT HELP YOU. SHOWS THE INTEGRITY OF THE CEO.”
The complaint also alleged Einhaus threatened to kill Asefi in June. During a phone call, Einhaus allegedly told a Textmunication adviser, Shelly Singhal, “that he was going to drive to California to kill Asefi,” the complaint said. Einhaus allegedly stated he was not going to fly because “there are records," so he was going to drive, according to the complaint.
The seven-count complaint alleges Einhaus defamed both Asefi and Thielen, plus inflicted intentional emotional distress on them both.
“These false statements are defamatory under Illinois law because they impute that Asefi committed criminal offenses, impute an inability to perform his job for want of integrity in the discharge of duties of office and employment, impute a lack of ability in his profession and business, and falsely accuse Asefi of fornication and adultery,” the complaint said.
The complaint demanded the court enjoin Einhaus from continuing to post comments about Asefi and Thielen, alleging that as long as Einhaus’ messages remain online, the pair will continue to suffer “irreparable injuries.”
Representatives for the parties could not be reached for comment on Wednesday.
Thielen and Asefi are represented by Michael Crane, William Jones and Peter King of Canel King & Jones.
Counsel information for Einhaus could not be determined on Wednesday.
The case is Thielen et al. v. Einhaus, case number 1:18-cv-02421, in the U.S. District Court for the Northern District of Illinois.
--Editing by Breda Lund.
