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BigBake1

11/20/14 9:57 AM

#80229 RE: Carini #80225

Well that is the whole point of these suits, it is hope that the poster is ignorant and not proactive to seek legal counsel and or file appropriate documents to quash in some cases a fishing expedition. But once they have your identity they will file and the next round is on the poster to get good legal counsel tat that point.

In one case the company decided it was in their best interest to settle the matter out of court, but with a stipulation of no further posting, the sum of the settlement was sizable.

The fact is that the majority of these tickers are in fact money laundering operations and they do not want the attention of a court into their illegal activity. As you know, recently with a certain ticker where they didnt want the dispute to go any further into the discovery phase, someone was facing multiple Felony charges of Grand Theft in that particular instance. That is the reason for the settlement and wanting it to go away.

janice shell

11/20/14 12:50 PM

#80283 RE: Carini #80225

Not that I would put it past many of these CEOs to destroy or cover up any evidence, but I think the exposure risk from actual litigation is enough to keep most of the crooks at bay.

There are a few who don't see that danger. Usually their suits are dropped or derailed before discovery even begins. But most who threaten legal proceedings do so only to shut their critics up. They expect people to back off because they're afraid of the time and money involved in defending an action.

236T568

11/20/14 12:59 PM

#80286 RE: Carini #80225

These SLAPP's by scam companies against message board posters never intend to go into the discovery phase. The scam companies that file the SLAPP's are counting on the defendant realizing that it would cost into the six figures in legal expense to defend himself and simply goes away and agrees not to post about the company again.


The biggest deterrent IMO to one of these scams actually bringing a defamation suit (as opposed to merely threatening one) is that truth is an absolute defense to a libel/defamation claim, and any legitimate critical poster who got sued could have a field day with the discovery process requesting documents and information from the company to show that all the "bashing" was in fact true. Not that I would put it past many of these CEOs to destroy or cover up any evidence, but I think the exposure risk from actual litigation is enough to keep most of the crooks at bay