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Tuesday, February 21, 2006

Stormpay Class Action Lawsuit! Or Is It?

This just in Regarding the 12DailyPRO vs Stormpay scandal (make sure to read my short comments at the end):

(NOTE, Information has been received updating this article. A link will be provided for you at the bottom.)

Found this on another forum:

Quote:

Anyone that feels they are a victim of the recent Stormpay, Inc. actions and wish to join in this class action lawsuit Civil Rico Act case against Stormpay, Inc., Ceo Steve Girsky and owner John McConnell should gather up your emails and documents and pick up a phone and contact Attorney Tony Davis there in Austin, Texas.

I spoke briefly with Mr. Davis and I am in the processing of sending him my own documents and information to help in his cause. Again, I would urge every single person that rightly feels they are a victim by Stormpay.com to call and speak with Mr. Davis and if possible join in his class action suit against that company. Mr. Davis if asked can give you his email address for you to forward that information also to him.

Here is a brief but helpful primer on Civil Rico Act Suits:

What does the Rico Act stand for?

Racketeer Influenced and Corrupt Organizations Act - A law intended to eradicate organized crime by establishing strong sanctions and forfeiture provisions

The Rico Act Law Includes:

Laundering of monetary instruments
Engaging in monetary transactions in property derived from specific unlawful activity
Interstate transportation of stolen property

The Rico Act Enables persons financially injured by a pattern of criminal activity to seek redress through the state or federal courts. Contains both Civil and Criminal proceedings requirements and recommends appropriate award amounts and incarceration penalties for both plaintiff and defendant.
Civil Rico Act proceedings began appearing in courts in early 80’s.

Title 18 united States Code
Includes:

Theft from interstate shipment
Extortionate credit transactions
Fraud and related activity in connection with identification documents
Fraud and related activity in connection with access devices
Mail fraud
Wire fraud
Financial institution fraud
Tampering with a witness, victim or informant
Retaliation against a witness, victim or informant
Interference with commerce, robbery or extortion

(Part E)
Any act which is indictable under the Currency and Foreign Transactions Reporting Act


How are claims dealt with in the RICO act?

Every claim must be based on a criminal violation or ‘act of racketeering”
Civil plaintiff must prove that defendant engaged in acts, but also must prove that these acts formed a “ pattern ”
The burden of evidence is quite different for Civil and Criminal Proceedings:
Civil- Plaintiff must only convince a jury by a preponderance of evidence that the defendant committed the acts of racketeering.
Criminal- Plaintiff must establish acts of racketeering beyond the reasonable doubt of the jury.
Penalties are also different:
Civil:- Award is monetary damages, in particular, three times the actual damages established at trial plus the plaintiffs attorney’s fees and costs.
These judgments cannot be discharged with filing of Chapter 13 Bankruptcy
Criminal- The defendant goes to prison for a very long time.

Historical use of the RICO Act against Corporations:

Previous to 1981 RICO act was rarely used against companies.
United States v. Turkette 452 U.S. 576 (1981)
Supreme Court ruled that RICO applied to both legitimate and illegitimate RICO enterprises. Previous to the decision the lower courts were limiting RICO to “criminal”, “illegitimate” or “racketeering” enterprises.

This enables the RICO act to be used against corporations.
The “legitimacy” of the actions of the defendant are determined once the case goes to court in preliminary hearings.

Quote:

I just got off the phone with Tony Davis. He said to send him the following:

A summary of the facts including your name, address, and phone number

He wants to put this all together in the next two weeks.

His email address, which I'm posting here with his permission, is

TonyRDavis2001@Yahoo.com

The phone number is: 512-825-8369


=============
My comments:
I called Tony Davis' number. I got an answering machine with a message that began, "Hi, this is Tony...". Now, I'm all for familiarity and being laid back, but not in these matters. If this guy is an attorney, he should be answering his phone with, "You have reached the law offices of Attorney Anthony R. Davis..." etc. Maybe it's that I'm a Yank and he's a southerner, or maybe not, but that didn't seem right. Also, a Yahoo address for an attorney? Maybe I need to talk with him about establishing a proper web presence...

Yet another unknown entity that wants your name, rank and serial number. If you get such a message, beware. Tony might be for real, but any time you have a massive number of "victims" there's always the vultures to watch out for next...

UPDATE 2/22/06: Left my number on Tony's machine and he called me back today. I got no sense of him rushing me off the phone. He had basic question but it wasn't like a typical lawyer session. He said that his group is more like those who are ACLU or NAACP lawyers. In other words, it was more down to earth and informal. He said the lawyer spearheading the class action suit is originally from Turkey and his name is Ingin Derkunt. (Please, no jokes.)

He said all they need right now is as much FACT as possible. So I'm going to be copying the documents of all friends and I and sending them to him. He said Ingin's state bar number is 00785815 if that helps any of you and they are based out of Texas. The phone number is above, but the address is as follows:

DerKunt Law Office
4425 S. Mopac Expressway
Ste 404
Austin, TX 78735
512-329-6468

So there you go...

UPDATE 2/25/06: READ THIS ARTICLE.



Sam Freedom
PS. For Your Work at Home Needs, Check Out:
Sam Freedom's Internet Marketing Controversy Blog
and the home page of The Coolest Guy on the Planet!

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4 comments:

Stephen said...

I did a Google Local Satellite map search for 4425 S. Mo-Pac Expressway Ste 404 Austin, TX 78735 & found the physical address The building did not appear as to have 4 stories, in fact it looked more like a small house. Then I did the same for DerKunt Law Office, Austin, TX & my results were: Your search for DerKunt Law Office near Austin TX did not match any locations. The business located at that address is occupied by Kreutz Photography, 4425 S MO PAC Expy Austin, TX 78735-6723

Please e-mail me at autosurfsteve@yahoo.com with comments

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