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Evidence of Tom Heysek's liability for sending junk faxes
 Filing
a TCPA or stock fraud case against Tom Heysek?
Tom may not tell the truth in court.
He doesn't do very well when you ask him any question (he gives evasive
answers), and you can win if you have a smart judge. I filed 18 against Heysek and won them
all (over $46,000 in Judgments). He
vacated 10 of them and they got re-tried and he lost again. He appealed those
and lost. You can print this page and
include it in your pleadings as evidence in your case. This web page is
located at: http://www.junkfax.org/fax/profiles/wsp/wspProof.htm For
more information, see the much more detailed web page Anatomy
of a stock fraud. The crux of the case against Heysek is to prove that Tom
is liable for sending the faxes. There are basically two different legal
theories of liability. Both are true, but you only need convince a judge of one
of them to win your case. Legal basis of liability under the TCPA: two
different methods
Method #1: Heysek knowingly and actively participated in a conspiracy
to defraud investors which included, among other things, causing illegal junk
faxes to be sent out. Therefore, he’s liable for the damage caused by those
faxes, even if he was not the person in the conspiracy to have directly
contracted with the fax broadcaster. For example, if two people conspire to rob
a bank by breaking a window and grabbing the money, even though only one person
committed a civil tort of breaking the window, both parties are liable for the
civil tort of breaking the window.
In De Vries v. Brumback (1960) 53 C.2d 643, 2 C.R. 764, 349 P.2d 532, M
and B conspired to and did rob a jewelry store of plaintiff's assignor. Then
they met with defendant, who joined the conspiracy to dispose of the
property. Some of the stolen property was recovered; in this action for
conversion defendant was held liable for the value of the unrecovered
part--$21,947.13. On appeal, he contended that, since he was not a member of
the prerobbery conspiracy, his tort was a new conversion when the stolen
goods were delivered to him, and, since all that he had was recovered from
him, he could not be liable in damages. His contention, based on the rule
governing criminal conspiracy (People v. Weiss (1958) 50 C.2d 535, 327 P.2d
527), was rejected.
The court said: "There is a clear distinction in the law of conspiracy as
applied to criminal as differentiated from civil cases. . . . The gist of
the crime of conspiracy is the agreement to commit the unlawful act . . . ,
while the gist of the tort is the damage resulting to the plaintiff from an
overt act or acts done pursuant to the common design." (53 C.2d 649.)
Hence, in tort a conspirator is a joint tortfeasor liable for all damages
irrespective of whether he was a direct actor. (53 C.2d 650.)
Method #2: The faxes themselves admitted they were sent out by
Winningstockpicks (WSP). Heysek is editor of WSP and the ONLY known officer of
WSP. In short, Heysek is the advertiser since (a) the faxes admitted that the
website he controls was the sender of the faxes and (b) the website he was hired
to manage and the stocks he was paid to promote were being advertised in those
faxes with both his consent and active participation.
Method #3: The FCC defines the sender of the fax to be the author of
the content. There can be little doubt that Mr. Heysek participated in the
authoring of the content as it was his outlandish projections (referred to in
the faxes as "research") that formed the basis for the outrageous
project valuations that were the very heart of the faxes. This wasn't some third
party that picked up Heysek's "research." The SEC email shows Heysek
was in direct contact with Paul Spreadbury who prepared the faxes for sending
out and Heysek's phone records show he was in phone contact with Spreadbury as
well.
Here is the FCC citation for this:
From Order
on Further Reconsideration 97-117, Paragraph 6:
"We clarify that the sender of a facsimile message is the creator of
the content of the message."
The best rendition describing the conspiracy that I know of is in the
SEC
complaint filed in Federal Court in Southern District of Florida
(2/14/05). I particularly liked Exhibit 55 HeysekEmail.pdf.
This is an email from Paul Spreadbury with some ideas Spreadbury had while he
was working on the the faxes. Note how Tom refers to the e-mail to the editor
which absolutely confirms he is the editor of WSP. Here's more... When
viewed on-line, all the hyperlinks link to the ORIGINAL documents (such as the
original Internet Archive copies of past versions of Bryan Kos's website) that
prove with preponderance of the evidence that Tom Heysek is the one of the key
executives
responsible for directing the sending of the junk faxes that went out because it
shows that Heysek gathered the content from his sources (such as Hartley Lord),
then duped and directed his honest freelance marketing consultant (Paul Spreadbury) to
create the actual original Microsoft Word documents
that were given to Javier Cuadra to give fax.com (and other vendors) to be broadcast out.
Of the players involved in this, Heysek is the only person with a long track
record of PROMOTING fraudulent stocks (e.g., as pointed out in
hundreds of postings on Silicon Investor over the last
4 years).
For example, here's a
Silicon
Investor posting on Heysek from 2002 showing Heysek promoting JAWS which was
a very famous fraud and comparing Heysek's write-up of FUSA with the write-up done
by 10th grader Jonathan Lebed (the famous kid charged with stock manipulation).
The poster thought the kid did a better job than Heysek. Below are more than ten (10)
different ways that "provide preponderance of the evidence" (i.e., the civil
standard of proof needed to win a lawsuit) that Heysek sent the faxes. Pick your
favorite method or use them all in combination.
Legal background
- The TCPA is a remedial statute. These types of statutes are broadly
construed by the courts because they are meant to punish wrongdoers. For
example, the "sender" of the fax is not the person who placed the
order with fax.com; it refers to ANY and ALL people who caused these faxes
to be sent out and who (normally) benefited from them being sent.
- Heysek ordered Spreadbury to format his content and then had Javier Cuadra
to deliver those files to fax.com.
- So even though Heysek never DIRECTLY spoke to fax.com to tell them to send
the faxes, Heysek is liable. You can delegate an act, but you cannot
delegate the liability for the act. If you tell your agent to do something
illegal and he does it, both you and your agent are liable.
The simplest way of proving Heysek is liable under the the TCPA for sending
the faxes
There are many ways to prove Heysek is liable.
The simplest and most direct method is inspection of the faxes. Several list
"www.winningstockpicks.net"
right on their face (or the "fax back document" references it). Going
to the WSP website, we find that Heysek is the editor (see p.3 and p. 131 of PDF archive of the
WinningStockPicks.net website). Then we confirm that Heysek has a
history of stock fraud (for example, see Silicon Investor: Hundreds of posts regarding
Tom Heysek and fraud) and a history of
illegal promotion by fax (see Heysek listing on Kos's
i-ops.com Management page on his website and then the reference to
"fax blasting also available" on the sister site XTR
Capital Resources which lists the same phone number as on the i-ops
site), and we have preponderance.
The next simplest method is to
start with the fax itself and work backwards.
At each step, we ask the question: "who ordered this?" and/or
"who would benefit from this?"
Note that the steps below do not reflect the actual order I got the result
in, but the argument is exactly the same regardless of the time sequence of
discovery.
We know from previous experience in fax header analysis that fax.com was one
of the senders of these faxes. So we subpoena fax.com and ask them for a copy of
the original data files that were transmitted out. We get back original source files.
We confirm we got the right stuff because these faxes look just like the the
18 junk faxes we got!
Analysis of the file properties of these faxes shows that many of them were
created by Paul Spreadbury of NoSoonerSaid.
But we know that Spreadbury probably isn't our guy because our Google
searches indicate he's just a freelance marketing consultant who apparently
doesn't make a lot of money because he has to advertise his services on
elance.com to make a living. Plus, he has no track record we could find in
hyping penny stocks.
So using Google, we find both his phone numbers (Yutzes of the Year List Announced)
and we call him up and we ask him, "who'd you create these faxes for?"
He says Tom Heysek.
That makes sense since the website listed on the faxes features Tom Heysek
and the press release Spreadbury put out promotes Tom Heysek. But he could be
lying. It could be just a way to frame this innocent guy Tom Heysek for
something he didn't do.
But we are virtually certain Spreadbury's telling us the truth because a)
Google shows us that Spreadbury is an honest award winning freelance marketing
consultant and b) Google shows that Heysek is famous scam artist who has been
doing pump and dump stock promotion for years (Silicon Investor: Hundreds of posts regarding
Tom Heysek and fraud).
So we send a demand letter to Tom Heysek to see what would happen. Heysek
calls us and threatens us, but we have his callerID: (661) 338-9685. So we use
that to subpoena his phone records and go through a painstaking process of
trying to identify as many calls as we can (see Heysek's annotated phone records).
Well whaddya know? Turns out our friend Tom has had lots of contact with
Spreadbury (using both the phone numbers we found earlier), including phone
calls in the days before the faxes and press release went out. And Heysek also
has had phone calls with the people he wrote the stories about. Heysek also has
lots of calls with the infamous email spammer Bryan Kos who apparently employs
Heysek to create and send out stock promos based on Kos's
i-ops.com Management Team page on Kos' website. Plus, Heysek benefits
from the faxes being sent since they both promote him, his website
(winningstockpicks.net), and the stocks he's touting (which is how he makes his
money).
So while there may be other people who are ALSO liable for sending the faxes,
it's clear that Tom is ONE of the people who is liable for sending the faxes
since we traced backwards from the faxes themselves asking each person: who
asked you to do this?
In summary,
- fax.com gave us source Word files that showed Paul Spreadbury created the
content
- Spreadbury said Heysek gave him the content that Spreadbury formatted and
sent to fax.com
and then we confirmed that Spreadbury was telling the truth because the
records we discovered on Heysek were consistent with Heysek creating the content
and telling Spreadbury to format it and and have it sent out:
- Past behavior: Heysek has a past reputation as a pump and dump scam
artist
- Has a talent for fabricating company profiles: Heysek
possesses the skills need to craft these outlandish stories that were sent
out so that they were believable enough. He proved it in the courtroom too!
- Had contact with all the companies promoted in the faxes: Heysek
had all the phone records with the companies that were profiled in the faxes
that would allow him to develop the content that was given to Spreadbury
- Had contact with Spreadbury right before the faxes went out: Heysek
had phone contact with Spreadbury right before the faxes were sent out
- Personally benefited from the faxes: Heysek personally benefited
from the faxes that were sent out through promotion of himself as the
Editor, as well as promotion of the stocks that he is pumping on his website
(which is how he makes his money). Heysek also personally benefited from a
press release Spreadbury sent out which promoted Heysek, Heysek's website,
and the stock Heysek was pumping (CNDD)
We allege that no other person on planet earth fits the profile of "who
had Spreadbury send the faxes?" better than Tom Heysek. That meets our
burden of preponderance.
We also pray for treble damages because:
- these faxes were associated with willful and knowing criminal stock
manipulation
- Heysek's long history of scams (Hundreds of posts regarding
Tom Heysek and fraud) and
- the size of the remedy relative to Heysek's net worth and the effective
deterrent value of the judgment. Since Heysek made millions from these
stocks, an award that is not trebled is less than rounding error for Tom and
will be quickly written off as a "business expense." A non-trebled judgment
will have little deterrence value.
- I easily spent over 200 hours researching this case so a non-trebled
judgment won't even cover the time I spent on this.
- Heysek never pays his judgments and it's going to be hard to collect so
the treble remedy compensates for this
- he's a very bad guy, one of the most notorious pump and dump scam
artists in the world, and he should be punished to the full extent of the
law
- his entire business is illegal; he shouldn't get a break
Now it's Heysek's turn. He has only one option:
- he must try to show that my evidence was fabricated or tampered with, e.g.,
by pointing out a logical inconsistency in the evidence or by producing
evidence that directly contradicts my evidence. He can't just use a
generic complaint such as "you fabricated the evidence!" And if he tries
to bring fabricated "evidence" of his own to court, I'll ask for a
continuance and provide overwhelming authenticated evidence that his
evidence was fabricated.
If Heysek can't do that, he loses his case. It's that simple.
Serving Heysek
As of December 2004, Heysek's new official address is:
Thomas Milton Heysek aka Milton Thomas Heysek
PO Box 2515
San Francisco, CA 94111
(415) 277-5453
fax (415) 945-9631:
OLD ADDRESS:
Thomas Milton Heysek
Asian American Capital Management
50 California street suite 1500
San Francisco CA 94111
(415) 277-5453
Fax 415 439 5299
OLD HOME ADDRESS (RENTAL):
41 CONSTITUTION DR
CORTE MADERA CA 94925
How it worked (details)
- According to a former lover that I spoke with, soon after graduating
college, Heysek degenerated into pathological liar motivated by 4 things: greed, control, power and
money.
- Heysek's profession, developed under the tutelage of infamous master
stock manipulator Ray Dirks, is pump and dump stock manipulation of penny
stocks. He does this by finding worthless companies, accumulating a huge
position at no to low cost, and promoting the hell out of the stock with
sexy growth stories coupled with insanely optimistic financial projections
that have absolutely no basis in reality (in the case of CNDD, pumping a
company with 0 revenue to over a $1 billion market cap).
- The promotion required for Heysek to be successful must be inexpensive,
i.e., illegal junk faxes and email spam. Occasionally they get lucky and
do a press release. They never use legit media because it is a lot more
expensive and they would get dumped by any legit media (since their
writeups are fraudulent).
- In 2000, Heysek quit working for Dirks and teamed up with 2 of the
world's most infamous e-mail spammers Brian Kos and Jeremy Jaynes (now
serving 9 years for spam) in a 3 way partnership
- Kos / Heysek / Jaynes chose the companies to pump (or "created" them
themselves as with SGNJ, CNDD, and AHFI)
- Heysek did the interviews with the company principals and the basic write-ups to be
formatted then sent via fax and email
- Jaynes handled the email spam promotion and his staff did some of
the graphics work (Jessica and Chad) and computer setup work (Richard
Rutkowski)
- Don Oehmke did some of the stock work for them
- Heysek sent his bullshit stock analysis to Spreadbury to (a) format and post on the
two websites (WSP and USPennyStocks) and (b) format and send to the fax broadcaster
contractor (Javier Cuadra). Heysek also sent the press releases lauding
Heysek and CNDD to Spreadbury to edit and deliver to PR Newswire.
- Javier Cuadra got the faxes from Spreadbury (later from Jaynes's
employees) and sent them to the fax broadcasters. Cuadra contracted with and paid the fax broadcasters.
- Most vendors (Vault Studios, Spreadbury, Fry Hammon Barr, and probably
Cuadra too) were paid via wire transfer from Bush
Ross (Kos' lawyer is Jere Ross at Bush Ross so they used the attorney's
attorney-client privilege so that the bank account records could never
been obtained in discovery).
- The money that went into that Bush Ross account to pay the contractors presumably came from
some combination of Kos, Heysek, and Jaynes.
Conclusion:
- Heysek's phone records tie him to both the people he promoted in the
faxes and to freelance marketing consultant Paul Spreadbury at the time
that the junk faxes were sent out. Spreadbury's "electronic
fingerprints" were on the documents delivered to fax.com. And the
content delivered to fax.com pointed back to the website featuring Heysek
himself and Heysek's analysis.
- Therefore, Tom Heysek directed the promotion by broadcast fax and is liable
- Javier Cuadra knowingly paid for the promotion by fax and is also liable
- The Florida law firm of Bush Ross knowingly paid vendors to promote
these worthless stocks and may also be liable
The evidence supporting the allegations
Here's a summary of the evidence files used in the analyses on this page and
what each one shows:
Original WinningStockPicks.net and
USPennyStocks.com HTML files
Snapshot taken August 21, 2004. Shows Heysek as editor and promoter, Tom's
bio. Lists the stocks promoted: AHFI, CNDD, SGNJ and the writeups Tom did.
73 pages included (total for both websites).
PDF archive of the
WinningStockPicks.net website
Snapshot taken August 21, 2004 shows 132 pages (but Acrobat counts them as
multiple 8.5" x 11" pages, not single web pages per se). Take look
at Acrobat p. 3 and page 131, for example to see pictures of Tom. Then ask
yourself, how is it even possible for them to have a picture of Tom if they
aren't affiliated with Tom in some way?
Heysek's annotated phone records
May 1 through July 31, 2004. Shows calls to Kos, Spreadbury, Oehmke, Lord,
and the management of the companies he wrote profiles on. This proves he
lied to the press about not knowing Oehmke and connects him with just about
everyone in this scam.
Carol Remond articles about Heysek
Heysek admits he was involved to Dow Jones reporter Carol Remond.
Yutzes of the Year List Announced
Shows Paul Spreadbury's two phone numbers.
The 18 junk faxes I got
These are ones I personally got. Shows some faxes had links directly to
Tom's website. Some others had a fax-back number for more info and that
document had a link to Tom's website. Note how they changed the names and
the formats of the faxes.
Original source files for the junk faxes
supplied by Camelot Promotions to fax.com
Obtained from fax.com, these files confirm that the faxes I got came from
the same source (they laundered the placing of the fax orders through Javier
Cuadra of Camelot Promotions). Looking at "Properties" for these files, you
can see that many were created by Paul Spreadbury aka Nosoonersaid. Others
were created by "Jessica" who is Jessica Jaynes. Others by Chad DeGroot
(Jessica's husband). Jessica is also the person who created the ones with
Author=xx and Company=none (such as the CNDD fax for 8/24/04). Jessica
Jaynes' aka Jessica DeGroot was later confirmed when I read Spreadbury's SEC
depo (p. 264).
Affidavit of Erwin Dass regarding Camelot
Promotions faxes
Erwin worked at fax.com and provided the original source files. These files
confirm the other information we have and connect Paul Spreadbury, Jeremy Jaynes' staff (Jessica DeGroot and Chad
DeGroot), Javier A. Cuadra, and Bryan Kos himself to these faxes.
i-ops Promotion home page (August 2003)
Internet Archive of Bryan's website showing the range of promotions that Kos
manages (Heysek focused on the stock promotions). You know it belongs to him
since it lists his phone number at the bottom.
Kos's
i-ops.com Management page on his website (August 2003)
Internet Archive of Bryan's website (i-ops.com) shows Bryan's resume, Tom's
resume, and Bryan's cell phone number (at the bottom of the page). Clearly,
Tom is the "stock tout" expert here (having trained under Ray Dirks as noted
on our main Anatomy of a stock fraud page), not Bryan!
XTR
Capital Resources (June 2003)
Internet Archive of another Bryan Kos in website showing their stock touting
service and fax blasting promotion. You know it's Bryan Kos since the phone
number listed on the page matches the phone number we learned from the
i-ops.com management page.
435
message thread in Silicon Investor devoted to exposing Heysek and his former
boss Ray Dirks for fraudulently promoting stocks
Here's one example of Heysek promoting JAWS (which was a very famous fraud):
SI -
readmsg.aspx msgid=17484041.
Silicon Investor message thread devoted entirely to Heysek
Only 12 messages here. Most of the posts regarding Heysek are on the Dirk's
thread.
Silicon Investor: Hundreds of posts regarding
Tom Heysek and fraud
Search results from 2000 onwards of articles mentioning Heysek showing a
long history of fraudulent PROMOTION of stocks.
camelotBills.zip
Original electronic invoices from fax.com to Camelot Promotions for close to
$200,000 in fax costs. Each fax was 1.8 cents so through fax.com alone, they
sent out over 10 million faxes.
fax.comSubpoenaServed
The subpoena I sent to fax.com. I just gave them a fax and asked "who sent
this?"
Fax.comSubpoenaResponse.PDF
Subpoena results from fax.com showing Javier Cuadra (aka Camelot Promotions)
paid for the faxes. Has bank and address and phone for Javier so you can
follow the money by finding out who transferred funds in.
First Global 'Monster' Employment Placement Service
Launched
Jul 28
2004 2:30PM ET PRNewswire-FirstCall via COMTEX/
ties everything together: Heysek, Spreadbury, CNDD, and material meant to
illegally hype the stock.
Anatomy of a stock fraud
For more info on Tom Heysek and the gang, this page has tons more
evidence including the evidence in the SEC case
11 other ways the evidence supports the allegations
Method #1: Internet archive of Kos' own website admits Kos and Heysek
partnered to send out stock touts via junk faxes
Method #2: Heysek admits to Dow Jones he interviewed Hartley Lord,
CNDD President
- Carol
Remond's article on Dow Jones quotes Heysek as having done the
CNDD writeup and having talked to CNDD president Hartley Lord numerous times
- This is confirmed on the WSP
website where Heysek is featured as the editor and the CNDD writeup is
featured (use the Acrobat search feature to see all the CNDD references)
- The Heysek-CNDD connection is further confirmed in Heysek's
defamation lawsuit against me where he quotes CNDD CEO Hartley Lord who
relayed my conversation with him. That shows Lord and Heysek are friends
which is remarkable since I first spoke to Lord after the press release
hyping CNDD came out (that Lord was supposedly so "furious"
about).
- Heysek's annotated phone records show
he talked to Hartley Lord on 6/19/04.
- Therefore, we have just proved THREE INDEPENDENT WAYS TO DIRECTLY
CONNECT HEYSEK with CNDD
- So when you get a junk fax promoting CNDD and the ONLY guy to have
interviewed Hartley Lord (per Dow Jones) was Tom Heysek, it's likely from
Tom. Why else would he have gone to the trouble to talk to Hartley Lord if
he wasn't going to promote the results?
Method #3: Heysek's phone records show he spoke to Paul Spreadbury
right before Spreadbury sent the press release touting Tom, Tom's website, and
CNDD
- Heysek's annotated phone records
showed he talked to Hartley Lord, CEO of CNDD, on 6/19/04 at 1:42pm. Heysek
also admits to award-winning Dow Jones reporter Carol Remond that he
interviewed Lord in a
news story published on Dow Jones.
- Subsequent to that conversation Heysek's
annotated phone records show he spoke with freelance marketing
consultant Paul Spreadbury at least 4 times on 7/22, 7/24 (twice), and 7/25.
You can confirm Spreadbury's phone numbers here: Yutzes of the Year List Announced
where both numbers are listed.
- What do you know? Just 3 days later, on July 28, a press release is issued
by Paul Spreadbury which: (1) quotes Heysek, (2) calls him a "noted
financial advisor" (3) pumps CNDD using material in Heysek's writeup,
and (4) encourages readers to read Mr. Heysek's full report at
www.winningstockpicks.net.
- Here's that press release:
First Global 'Monster' Employment Placement Service
Launched
Jul 28
2004 2:30PM ET PRNewswire-FirstCall via COMTEX/;
i made a copy too: CNDDMonsterPressRelease.pdf
- A few days after the press release, the junk faxes (created by spreadbury)
promoting CNDD start getting sent (see Method #4)
- Therefore, we have directly connected Heysek, Spreadbury,
winningstockpicks.net, and CNDD, and illegal stock promotion of CNDD using
misleading information all in this one press release that PR Newswire
confirmed came from Spreadbury.
Method #4: The junk faxes touting CNDD were created by Paul Spreadbury
in the week after numerous calls with Tom Heysek
- I have every fax ever sent out by fax.com. The untouched originals of the
CNDD ads can be found here: fax.com
archive of Camelot faxes.
- Using Properties, you can verify that the first two documents were created
by Paul Spreadbury. The other two were created by Jessica Jaynes, Jeremy's
sister presumably because Spreadbury quit when after the press release came
out and all the commotion started, he figured out he was getting scammed by
these guys.
- Heysek's annotated phone records show
numerous calls with Paul Spreadbury starting on Jul 22, just one week before
the CNDD faxes created by Spreadbury came out on August 4, 2004. You can
confirm Spreadbury's two different phone numbers here: Yutzes of the Year List Announced
- Therefore, this PROVES a DIRECT CONNECTION between Heysek and the
freelance creator of the CNDD junk fax artwork (Spreadbury) supplied to fax.com during the week prior to the junk fax being sent out
Method #5: Many of the junk faxes that were sent explicitly direct
people to the winningstockpicks.net website. That website proclaims Tom as the
editor, gives his bio, and promotes the purchase of CNDD and other stocks
promoted via fax. There are no other executives listed or associated with the
website.
Method #6: Direct admission of the principals of Heysek's role in
directing the promotional activities associated with the winningstockpicks.net
website
- The phone number listed on the winningstockpicks.net website for you to
call regarding subscriptions was answered by Dan Hartal. Dan said he
forwarded the money sent to him to Tom Heysek.
- I talked with Jon Paulson at Vault Studios (they did the videos
featuring Tom that were posted on the winningstockpicks.net website) who
admitted that he worked for Kos and Heysek and also worked with Paul
Spreadbury and that they were paid via the Bush Ross bank account (Jere Ross
is one of Kos' attorneys).
- I talked with Paul Spreadbury who admitted that Tom Heysek sent him the
material that Spreadbury posted to the winningstockpicks.net website.
- I also talked with other people who I can't disclose on this site in
order to protect their identity (i.e., they are still involved).
Method #7: Heysek's own (lack of) testimony in court leads us to
believe he's guilty
- Heysek produced NO evidence whatsoever in his defense
- Heysek produced ZERO documents in response to a subpoena I sent him.
Even after the judge ordered him to produce the documents, he produced
nothing. The judge was going to issue a terminating sanction as a result of
his behavior.
- If he's an innocent guy, he'd welcome the opportunity to show the court
his phone records and bank records and demonstrate how he makes a living
since it would help to prove his innocence.
Method #8: The lack of any other reasonable explanation for why Heysek
wrote the phony stories on his website.
- Why would Tom Heysek write an obviously flawed and ridiculously over
hyped write-up of CNDD and other stocks if not for the purpose of pump and
dump? What other purpose could there be for a man of Heysek's stature to
write something that is obviously meant to defraud people. It is clearly too
elaborate for joke. And it clearly did make its way into junk faxes and
spam. So is there any other logical story consistent with Heysek's
admissions (e.g., to Massachusetts attorney Walter Oney and Dow Jones
reporter Carol Remond), that he wrote the stuff?
- Pump and dumps require extensive promotion
- Legal advertising vehicles will not carry such promotion
- The only means available for Heysek's writings to have enough impact to
move significant stock volume is via fax broadcast and e-mail spam (and an
occasional press release)
Method #9: The lack of any other reasonable explanation for all the
evidence
- Heysek can't use the Sgt. Schultz defense and say he knows nothing about
this because he has to provide the court a convincing explanation of how the
evidence against him (such as his own phone records) came about or he will
lose.
- Heysek can't say he's just an innocent writer since 1) he's got too much
of a history of stock fraud and 2) he can't explain away all those phone
calls with Kos, Spreadbury, etc. nor explain the admissions that the other
players made to me. It just doesn't fit.
- Heysek can't say that Kos mislead him because it was Heysek who created
the phony write-ups, not Kos. Heysek knew exactly what he was doing and has
been doing it for years with Kos.
- Heysek can't say that it was Spreadbury who did it because Spreadbury
has a clean background (and not experience in stock manipulation) and Heysek
has a very dirty background (stock fraud, tax fraud, non payment of
judgments, unlawful detainers, etc. etc).
- Heysek can't say he was framed since (a) why didn't he mention that in
my cases (b) who framed him and what is the evidence that proves he was
framed, (c) how does Heysek explain his phone records, and (d) how can he
explain his long history of stock manipulation?
- Heysek had explained to Walter Oney (and posted to JunkFax-L on July 2,
2004) that he was just a writer (at $250/hr) for Milbank Tweed. But that's
complete bullshit for 2 reasons: (1) Why would a top-notch law firm engage
in stock fraud? And (2) who would pay $250/hr for a writer?!?!? Come on.
Doesn't pass the smell test.
- Heysek told Dow Jones he didn't know Oehmke.
Heysek's annotated phone records show
he's a liar. He talked to Oehmke on June 4, 2004 at 9:36am. So why
would "an innocent writer" lie about a fact like that?
Method #10: Analysis of the source files that were broadcast by fax
- When we analyze the file properties of the
Microsoft Word files supplied to fax.com by
Camelot, we come up with the following people who electronically
"touched" these documents: Bryan Kos, Javier A. Cuadra, Jessica Jaynes, Chad
DeGroot, Paul Spreadbury.
- All of these people were previously known to me via other methods so
there were no surprises at all. Therefore, the new information from
examination of the fax source document totally fit our understanding of how
it worked.
Method #11: Heysek's reactions when I confronted him
- He goaded me to sue him after he got my demand letter. No innocent person
would act that way when confronted with a demand letter. An innocent person
would carefully and calmly explain why you have the wrong person. Heysek
compounded his reaction by calling me back and threatening to sue me for
extortion.
- When I asked him who he worked for, he refused to answer. If he was
innocent, why refuse to answer?
- After he realized he was doomed, he offered to turn in his associates in
exchange for my dropping the suits. I declined.
Javier Cuadra, who actually placed close to $200K
in fax broadcasting orders with fax.com alone (the total when you include
all the broadcasters will be much greater than this) and laundered the
money for these people (he won't say who his client is) is also liable under the TCPA.
Here's the proof that was
admitted into evidence in court:
-
I asked Tom Roth, CFO of fax.com (aka Impact
Marketing Solutions) for the company that sent the Twister faxes (sample
included): fax.comSubpoenaServed
-
As I expected from a subpoena I did to another
vendor, Javier/Camelot shows up as the sender of these faxes: Fax.comSubpoenaResponse
(this is just a partial sample of the data there). See also the original
electronic version of all the invoices from June through August 2004:
camelotBills.zip
-
Next, I used my archive of all fax.com faxes to
verify, in fact, that the Camelot Promo faxes were the stock touts I
received and they matched perfectly with the stocks promoted on the WSP
site: fax.com
archive of Camelot faxes
-
So now all you do is send your subpoena to
SunTrust Bank (such as SunTrustSubpoenaServed.pdf),
but ask for the financial records for the Camelot Promotions LLC account.
Don't forget to domesticate it first. I used: Craig Robinson at Accurate
Attorney Services (678) 597-1353.
$8 check to bank for processing
$40 for them to get the civil subpoena
$45 to serve it on bank
http://www.accurateattorneyservices.com/
-
Therefore, by following the money, you can easily
find out who paid Javier to send the faxes by looking for incoming deposits
around the dates of the outgoing wires identified in the fax.com subpoena
results.
-
Or you can just skip all that sue Javier and have
him pay you for the faxes he sent out since the TCPA is a strict liability
statute and Javier paid the junk faxers and refuses to say who paid
him.
-
For process service, Javier's contact info is
here: Fax.comSubpoenaResponse
Based on the fax.com
archive of Camelot faxes,
the dates of broadcasts by fax.com (other vendors were used):
- TWTN: 6-7-04 to 8-2-04
- AHFI: 6-14-04 to 8-26-04
- CNDD: 8-4-04 to 8-24-04
Even nicer is that you can connect Paul Spreadbury, Jeremy Jaynes' staff
(Jessica DeGroot and Chad DeGroot), Javier A. Cuadra, and Bryan Kos himself to
these faxes because they all left their electronic "fingerprints" on the source
files of the faxes that were given to fax.com. You can prove via your own
examination of the source files or simply by reading this affidavit from
fax.com's Director of Graphics:
For more information
For more information, see the much more detailed web page Anatomy
of a stock fraud.
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