bobbettym - here is my response to BCIT, hope it helps.
I am writing this reply to a Postal Mail I received today (4/19/2007) containing a court document naming me as a Defendant in a lawsuit.
District court of Oklahoma County State of Oklahoma, case no. CJ-2007-3181
Bancorp International Group, Inc., a Nevada Corporation as Plaintiff
Frankly I am Dismayed, Appalled, and Very Angry!
I averageinvestor Formally state that All charges are False and are a defamation on my Character and Integrity.
1 – I have NEVER owned, had possession of or seen a Stock Certificate of any kind of Bancorp International Group, Inc. (BCIT),
2 - Nor have I been in the State of Oklahoma in at least 35 years, nor done business with anyone in the State of Oklahoma, mailed or received mail to or from the State of Oklahoma nor do I believe I even know anyone in the State of Oklahoma.
As far as I know the only connection to Oklahoma I may have is this Case, unless one of my Financial Institutions has branches there or my Electronic Brokerage Firm has branches there (neither of which if they do have branches in Oklahoma, have I to my knowledge done any business with).
3 – As sited in the “Factual Allegations” by the Plaintiff, (paraphrased): Each of the Defendants had possession of “False Certificates” from Mario Pino and caused those to be sold into the market.
As stated above, I have not only never owned, had in my possession or seen a Stock Certificate (false or otherwise) of Bancorp International Group, Inc. (BCIT), nor do I know any Mario Pino.
The only way the Plaintiff could Legally or otherwise know that I even transacted BCIT stock would be from the OBO/NOBO lists. These list do NOT list the type of transaction (Paper vs Electronic) that a shareholder executed, only that the person bought, owns or sold shares.
This is how the Plaintiff generated their Defendant list. The Plaintiff knowing the limitations (and any Company trading Public Stock would know as do some investors) of these lists and Knowing they could NOT determine or prove who executed trades using “False Certificates” from these lists, decided to accuse Everyone on the lists of wrongdoing in the hopes that someone could not prove their innocence to these malicious claims.
I contend the Company knowingly maligned myself and others for no reason other than to generate income for themselves on the backs of the innocent victims of those perpetrating the “False Certificates” that the Company has no way of identifying with the express purpose of negating any outstanding stock (real or otherwise, they don't care) held by investor/victims. See the Plaintiff's own words in “Count One” of their claim, they damn themselves.
Hence as a direct result of said Plaintiff's fraudulent and malicious actions, I contend my reputation now and in the future has been irrevocably damaged in an amount in excess of $10,000.00, plus costs of this action, reasonable attorney's fees as this action generates, and for such other relief as may be just and proper. .
A – I did purchased shares of BCIT through my online electronic Brokerage trading account on X/X/2005. According to the Brokerage this purchase cleared per SEC rules without any problems and as far as I know are real shares bought in good faith on the general market. Furthermore as far as “Anyone” can legally determine these are “REAL” shares. otherwise Either/and/or my Brokerage, their Market Maker or the Depositary Trust Clearing Corporation (DTCC), are in violation of SEC rules, not I as spuriously alleged and poorly researched by the Plaintiff in this case to the Defamation of my Character.
B – I did also sell shares of BCIT through my online electronic Brokerage trading account on X/X/2005. Again according to the Brokerage this sell cleared per SEC rules (the SEC assessed their normal selling fee) without any problems and were sold in good faith as real shares into the market. Again as far as “Anyone” can legally determine these are “REAL” shares. otherwise Either/and/or my Brokerage, their Market Maker or the Depositary Trust Clearing Corporation (DTCC) are in violation of SEC rules, not I as spuriously alleged and poorly researched by the Plaintiff in this case to the Defamation of my Character.
C – I currently have shares of BCIT that I legally and properly purchased still in my online electronic Brokerage account.
Again as far as “Anyone” can legally determine these are “REAL” shares. otherwise Either/and/or my Brokerage, their Market Maker or the Depositary Trust Clearing Corporation (DTCC) are in violation of SEC rules, not I as spuriously alleged and poorly researched by the Plaintiff in this case to the Defamation of my Character.
Again as a result of the Plaintiff's Knowingly false and malicious claims against me for Legally buying or selling stock in a company as millions of other investors do legally on a daily basis and by the Plaintiff's knowingly making such false claims has damaged my credibility, honor, character and integrity in as amount in excess of $10,000.00, plus costs of this action, reasonable attorney's fees as this action generates, and for such other relief as may be just and proper.
I could go on disproving EVERY one of the Plaintiff's counts and showing that it is their actions that are false and Damaging to myself and others but I will save it for the Jury Trials.
Hence the plaintiffs entire Petition, Parties, Factual Allegations, or Counts One through Five have no basis in fact and are at best an attempt on the Plaintiffs part to Sue everyone in the hopes they get lucky and find a guilty party or at worse an attempt to cover their Assets by blaming innocent Shareholders for their problems in the hope that by casting aspersions on others and Damaging their Reputations and Integrity will negate any culpability on their own part and allow them to negate legal shareholder interest to the financial benefit of the Plaintiff and determent of the shareholder/victims.
The Plaintiff contends that the Defendants violated both Oklahoma Securities Act's and the Federal Securities Act of 1933, yet no Criminal case has been taken based on the Plaintiff's malicious and false claims either by the Oklahoma DOJ or the United States DOJ. Instead the Plaintiff filed CIVIL lawsuit against me as a Defendant.
It is contended as shown above that no such Criminal claim would or could ever be filed because there is NO evidence to back up the Plaintiff's claims, hence their “backdoor” effort to maliciously malign and harm innocent shareholder/victims through a Civil claim were they can malign anyone they want to in the hopes that their lawyers are better than those of the shareholder/victims..
Because my Character and Integrity have been spuriously defamed by this lawsuit I Demand a Jury Trial so that I have witness's to my complete innocence and that I do not have to rely on a piece of paper that could easily be lost or misfiled in the court records to prove my innocence.
I also Counter-Claim against the Plaintiff a charge of Defamation of Character, spurious prosecution and other as described above and any that my Attorney advises in the future based on the incomplete or total lack of research and evidence to substantiate their claims and the Plaintiff's stated wants to negate any and all Legal and Real shares (as defined by SEC rules) of BCIT held by the shareholder/victims to the benefit of the Plaintiff and determent of the shareholder/victims with no cause but GREED on the Plaintiff's part.
I will also pursue any Criminal actions that are appropriate against the Plaintiff as they relate to the Arizona Criminal Code (which I just happen to have a copy of and can see many avenue's to pursue), along with any Criminal actions that fall under Oklahoma and Federal criminal codes as my Attorney deems appropriate (which the Plaintiff is unable to do, hence this fraudulent Civil claim).
Such actions by the Plaintiff have now and will likely in the future cause great harm to my Character and Integrity as judged by acquaintances, family, friends, Financial Institutions, Prospected Employers, Government agencies etc.....
Being such the actions of the Plaintiff have and will result in damages to myself now and in the future in the excess of $10,000.00 and I therefore request a judgment against the Plaintiff in an amount in excess of $10,000.00, plus costs of this action, reasonable attorney's fees as this action generates, and for such other relief as may be just and proper, such as Summary Judgment re-validating all my shares in BCIT as being legitimate, thus negating any action now or in the future by the Plaintiff that would harm those assets as ALL regulating bodies so declare.
I also request that ALL assets of the Plaintiff (Both the Company and the officers responsible and other involved parties for bringing this malicious and fraudulent claim) both in the United States and the European Union, be frozen until the resolution of this counter-claim to protect said assets from disappearing and not being able to be used to satisfy this action.
Signed
AI
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