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Re: CaptainJim post# 29829

Thursday, 10/23/2008 10:52:43 PM

Thursday, October 23, 2008 10:52:43 PM

Post# of 40627
CaptainJim: thanks for the reply. Do you have
standing to bring suit (as a plaintiff harmed
by NUBV) based on your list of allegations?

* FALSE PRs - is there proof that will stand up
in court that they were published with intent
to mislead and defraud?

* Stealing - is there proof that funds were stolen
and not just spent on bad business decisions?
Is there proof that no money was ever spent
for the purpose of producing NU20?

* Ron and his history - that sounds like more of
problem with investor due diligence than something
that will pass scrutiny in a pleading.

* NO WATER - is failure to get a start-up business
off the ground actionable without proof of
breach of fiduciary duty? I mean, buying stock
in a startup is not the same thing as making a
contract for delivery.

* Re samples - interesting question. Legally
actionable?

* "Jaygar is probably another phony shell" - maybe,
but you can't put that in a pleading worded like
that.

* Starting two other companies - does the law limit
a person to 1? I don't think so.

All of the above are probably enough to suggest that
an investor might want to invest his/her money elsewhere.
It might also forebode that NUBV investors are going
to lose out.

But still, is there really enough to go on, to put in
a pleading that won't get tossed out on a motion that
there is nothing legally actionable?

And again, who's paying for this suit? Are you putting
up your money to file suit?

--
Do I doubt that scammers get away with their scams because
it costs too much for the victims to file suit, for which
they'd get nothing in return (except satisfaction, if
they can afford that)? No.

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