I can say where my share number came from, and fraud mentioned by Emil:
Non-Patent Litigation
In 2014, VPLM (Plaintiff), filed a counterclaim, and third party complaint in Clark County (Nevada) District Court case A-15-717491-C. This case was about fraud that Emil Malak sought to address. The Counter-defendants named were:
LOCKSMITH FINANCIAL CORPORATION, INC., a British Columbia entity; TALISMAN FINANCIAL, INC., a Belize entity; VHB INTERNATIONAL LTD, a Belize entity; CACTUS VENTURES, INC, a Belize entity.
The Third-Party Defendants named in the counter complaint were:
TK INVESTMENT, a British Columbia entity; RICHARD G. KIPPING, an individual, TERRY KWAN, an individual.
Locksmith stopped financing Emil & Voip pal before Kipping went in hospital in 2014.
Locksmith paid for them from time to time, and it was recorded in the debt they owed Locksmith.
In its counter-claim, Voip-Pal alleged:
Kipping, Kwan, Locksmith, and TK Investments, through a series of deceptive debt conversions, stock issuances, and non-cash accounting transactions, systematically conspired, schemed, and defrauded Voip-Pal and the shareholders of Voip-Pal out of additional millions of shares of Voip-Pal stock. Emil therefore sought legal actions against them to cancel and return to treasury over 100 million shares of VPLM frozen stock. www.voip-pal.com.
I do not doubt your recall regarding what transpired between investors & Digifoncia in its early development and, shares owed to Kippling., et al. I never invested in Digifoncia or credited my reading before 2003, for board understanding.
However, Sawyer nor Emil in particular struck me as less than opportunistic when Digifoncia merged with Vplm. Both may have put money in their pockets, but they never came across to me as self-serving takers and diluters for only personal gains. Vplm in 6 30 17, avg. shr. count was 1.124B. By 12 31 22, it’s avg. shr. count was 2.005B. As of May 12, 2023, their avg. shr. count was @ 2.458B. What may have gone into their pockets over a span of time… I’ll never know, but considering Kipplings ., et al, relentlessness to retrieve their money, plus the later games played that bogged Vplm down in NDcal, then Emil filing with CAFC, then the US Supreme Court, then on to TXWD, about 6-1/2 years was therefore needed to increase Vplm’s avg. o/s by 1.334B (I believe in penny-stock land, this positive effort of share management has to be considered). I would say, much of the money you mentioned seems to have gone into managing their share increases in a decent manner while battling tech giants and non-related patent cases in 3 courts. I simply have not read them, as you have stated. I do believe Kippling., et al went about recouping their money to the detriment of shareholders when the SEC stepped in before Emil’s direct involvement. Kippling., et al went after what they believed was theirs and that’s it in my opinion. On the other hand, Emil challenged them but in a parallel effort to protect shareholders when he convinced the SEC to remove the “chill”. Had he not taken immediate and consistent leadership with SEC to remove the “chill”, we may have been still facing this govt., block or worse even with Emils own money now invested. He has preferred shares, and they are protected well above our common shares, but there is no assurance that what goes in, as preferred shares will exist the same per individual when your company goes into receivership, with the court and the SEC reviewing your business existence. Of course, Vplm was not faced harshly as this, but the point is his intervention was on the positive side. The board was fined for Breach of Fiduciary responsibility and Unjust enrichment in a case as you mentioned, yet I can only exhibit my source that said Vplm had won:
Non-Patent Litigation
Judge Rules in Favor of Voip-Pal in the Case Against Richard Kipping and Locksmith Financial Corporation Inc. Regarding Over 95 Million Frozen Shares
On Jan. 25, 2022 (GLOBE NEWSWIRE) -- VoIP-Pal.com Inc. (“VoIP-Pal”, “Company”) (OTCQB: VPLM) headquartered in Waco, Texas is pleased to announce the District Court in Clark County Nevada has entered a judgment in favor of Voip-Pal.Com Inc., and New Horizon Transfer Inc., on “each and every one of Plaintiff’s claims” in Case No. A-20-807745-C, vs. Locksmith Financial Corporation, a company controlled by Richard Kipping. The case was another unsuccessful attempt by Mr. Kipping to recover the 95,832,000 shares of Voip-Pal stock which were frozen by the Company in 2014 amid various allegations against Kipping. The District Court ruled that Mr. Kipping’s failure to request an award of the 95,832,000 shares of Voip-Pal stock in Mr. Kipping’s previous lawsuit against Voip-Pal, prevented him from requesting the shares thereafter. See the Company’s website www.voip-pal.com .The case can be accessed here. Voip-Pal CEO, Emil Malak stated, “We are very pleased with this outcome. It has been a long battle, but once again the Court has sided with our Company. We are currently in consultation with our legal team to determine our next move.”
Just as important, Emil did not engineer that breach and the money mess was underway before Emil, based on my reading. What ever you may think of Emil, the SEC listened to him. He took charge of that initial money mess as things got hotter. Locksmith won the Breach of Fiduciary duty and Unjust enrichment, but shareholders watching the money mess unfold back in the day behind the scene won as well. They must know the SEC give Emil time to clear the chill matter reasonably enough for stockholder protection.
I believe Kippling., et al. were owed money. I also believe Kippling., et al. used their position of power & influence to retrieve money under a contract they perceived as breached by Vplm. I also believe Emil took them to task. I also think that if money is owed Kippling., et al they should and must get paid. I surely want them to recoup their losses, but to tear down Vplm in pivotal moments with other shareholders money in the mixed as well is selfish and clearly counter productive. I think with Emil, Huddnell and Parrish., et al. making sounds for us, Kippling., et al. have a much better chance than I, to get their investment back first and more.
Without Prejudice
