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Replies to post #8737 on Fuse Science Inc (DROP)
Re: Tim Sykes - Responds and Reply
by mystockroom » Wed Jan 11, 2012 5:56 pm
Tim Sykes just sent me the following message. His response below was ignorant, arrogant and immature. I responded appropriately. I am in contact with Fuse Science, Inc. I intend to sue Tim Sykes for defamation pursuant to the Model Business Corporation Act under a derivative action.
TIM SYKES RESPONDS #1
I haven't been sued for demation because these companies pump them selves up and then sell shares at discount prices, whether its insiders or financings...this is why Shaq's pump and Justin Bieber's pump are both down 90% and now DROP is dying too...and yes it is incompetence when you sell a product on the internet for the order not to go through. Your welcome for my education and hopefully one day you'll thank me for my educating you
Tim
MY REPLY #1
Tim,
Your statement is very ignorant on a legal stand point. You are mixing apples and oranges. What happened in another stock is irrelevant to Fuse Science, Inc. and NO judge would accept such an argument as a defense. In addition, it is NOT incompetent to hire a reputable and established merchant to process orders online. The incompetence was that of the merchant NOT of Fuse Science, Inc. Furthermore, Fuse Science, Inc. has NOT pumped up its stock with false and misleading statements or duped investors as your post claims. You have even failed to allege that their product is NOT a legitimate product and that it does NOT deliver what the company claims it does. I would assume that you have NOT even obtained the product nor have you used it except for your failed order attempt. There are many witnesses that will be called against you who have received and used the product. These witnesses have publically attested to the fact that the product produces positive effects as advertised. Unfortunately for you, these public statements were available and accessible online prior to your defamatory post of January 10, 2012. If you had conducted the minimum research a reasonable and prudent person would have conducted, you would have easily uncovered those witnesses and their statements about the product. Your failure to conduct this research prior to making those false statements about Fuse Science, Inc. is negligible on your part. See the Amazon product review page:
http://www.amazon.com/Powered-By-Fuse-E ... Descending
Finally, I am in contact with Fuse Science, Inc. pursuant to the Model Business Corporation Act. Upon their immediate rejection to sue you or upon the passing of 90 days if they fail to sue you, I will be filing a derivative action against you for your defamatory statements against Fuse Science, Inc. I suggest that you forward this message to your attorney because you are going to need some good legal advice for the up coming legal action against you.
Yours etc.,
B. David Mehmet
TIM SYKES RESPONDS #2
I've written about HUNDREDS of pumped up penny stocks, calling DROP incompetent and a terrible company is justified and I have TONS of research to back it up...there are many reasons I've never been sued, this is the same story again and again...perhaps had YOU done your research on my teaching you wouldn't be so ignorant, but I wish you good luck.
Tim
MY REPLY #2
Mr. Sykes,
You are obviously ignorant to a cause of action for defamation and someone's prior failure to sue you for defamation is NOT a defense to your present defamatory statements against Fuse Science, Inc. (This will then be the first defamation lawsuit against you). Nevertheless, as I advised you, you are gong to need an attorney.
B. David Mehmet
TIM SYKES RESPONDS #3
OK thanks, I have not lied nor defamed DROP, I have shown my research and linked to it. It's your fault if you're too naive to realize that, good luck
Tim
TIM SYKES POST ON YAHOO MESSAGE BOARD
http://messages.finance.yahoo.com/Stock ... rt=1&off=1
I laid out my research as to why DROP is a terrible company, I have 5,000+ blog post you should go through and research before you waste my time and yours and after you read them all you'll see I'm right. The good news is this is a free country and when you lay out research and facts to back up an opinion, that's called free speech. I'm especially excited to expose some of DROP's management message board tactics
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FINAL NOTE:
At this point, Mr. Sykes has NO clue what evidence is needed to satisfy the elements under a defamation cause of action. He repeatedly mentions research he conducted to prove Fuse Science, Inc. engaged in a fraud (pump-n-dump) and that they are incompetent. But his research pertains to irrelevant facts and third-parties that have nothing to do with Fuse Science, Inc. See Mr. Sykes statements on his website at the above URL
PUMP-N-DUMP ALLEGATION
Mr. Sykes accused Fuse Science, Inc. of a "pump-n-dump" fraud. To establish a PUMP-N-DUMP fraud, Mr. Sykes MUST prove to the Court with probative evidence that Fuse Science, Inc. made material false and misleading statements to the public about its product for the purpose of pumping up their stock and that the public was misled by these false statements, which caused them to buy the company's stock. However, NOT once does Mr. Sykes provide any specific statements made by Fuse Science, Inc. about their product and its effects that have been false and misleading. Nor does he even make such an allegation in his post. Mr. Sykes merely accuses Fuse Science, Inc. of a pump-n-dump fraud and he uses references and links to data that are irrelevant and attached to third-parties, which have nothing to do with Fuse Science, Inc.
If Mr. Sykes believes the above statements to be false, he is welcome to post the false and misleading statements Fuse Science, Inc. made about its product (Enerjel). Meaning, Mr. Sykes needs to first identify the SPECIFIC words used by Fuse Science, Inc about Enerjel that were false. And second, Mr. Skyes will then have to take those false statements and show how the multitude of consumers on Amazon.com who received the product, used it and left positive feedback were misled about Enerjel (If the consumers would be misled about the product than investors would also be misled). Furthermore, and to avoid punitive damges, Mr. Sykes will have to show the court that he conducted the minimum research that a reasonable and prudent person would have performed to uncovered the consumers/witnesses statements on Amazon.com prior to making those false statements. However, this task would also be impossible to accomplish because on January 6, 2012, Fuse Science, Inc. issued a press release on their website that informed the public that it's product was being sold on Amazon.com. And prior to Mr. Sykes posting the false statements about Fuse Science, Inc. on his website on January 10, 2012, there were consumers/witnesses who received, used and left positive feedback about Enerjel on Amazon.com. The mere fact that Mr. Sykes has failed to even conduct the minimum amount of research before making those false statements may constitute malice, which was perpetrated for the purpose of financial gain (Shorting DROP and subscriptions).
Therefore, since Mr. Sykes has NOT proven that Fuse Science, Inc. engaged in a pump-n-dump fraud as a matter of fact and law, he has committed defamation per se. See GERTZ v. ROBERT WELCH INC. 418 U.S. 323 (1974). Listen to the actual oral arguments from the Supreme Court: http://www.oyez.org/cases/1970-1979/1973/1973_72_617
INCOMPETENT ALLEGATION
Mr. Sykes accused Fuse Science, Inc. of being "incompetent" on the grounds that their third-party credit card merchant failed to process his order. However, Mr. Sykes will have to prove to the Court that Fuse Science, Inc. was incompetent for hiring the credit card merchant and NOT merely that the merchant failed to process the order. In other words, Mr. Sykes CANNOT impute the merchants own incompetence on Fuse Science, Inc. unless he can prove that Fuse Science, Inc. selected a merchant that the company knew could NOT process the orders. However, since Fuse Science, Inc. utilized American Express to process Mr. Sykes' order, which he admits, it would be virtually impossible to prove to the court that Fuse Science, Inc. selected an incompetent merchant to process its orders since thousands of merchants have used the service successfully for years. See Jurliyue, Inc. v. Austral Biolab Pty., Ltd., 187 A.D.2d 4 3 7 , 639 (2”” Dept. 1992). See also American Express Online Merchant Services:
http://www212.americanexpress.com/dsmli ... faad94RCRD
Therefore, the evidence against Mr. Sykes also disproves his claim of incompetence by Fuse Science, Inc. in selecting American Express to process its credit card purchases. And it further proves that Mr. Sykes has committed defamation per se against the company, which allows for presumed damages. See Ruderd & Finn, Inc., 52 N.Y.2d 663,670 ( I s t Dept. 1981)
Therefore, since Mr. Sykes has benefited from his false statements about Fuse Science, Inc via shorting the company's stock and by promoting his website services to consumers of Fuse Science, Inc., the actual tortious behavior here has been MALICIOUSLY perpetrated by Mr. Sykes on Fuse Science, Inc. for the purpose of gaining financial benefits,
Damages: damages are presumed under defamation per se and Mr. Sykes' malicious conduct warrants an award of punitive damages against him.
*I have contacted Fuse Science, Inc. about the derivative lawsuit against Mr. Sykes. As soon as I hear back from them, or as soon as the statutory waiting period runs out, I will file the lawsuit against Mr. Sykes. At that point, Mr. Sykes will have ample opportunity to produce his so called "research" on Fuse Science, Inc. during discovery......Until then, you can Google my lawsuit against Paypal. The allegation against Paypal was that their anti-fraud detection software was creating millions of false positives and to handle all the false positives, Paypal was making intentional false statements to consumers and wrongly taking fees and rejecting transactions. Paypal settled amicably (Mehmet v. Paypal).
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mystockroom
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11/25/13 12:12 AM
