This document is available on the Internet at http://pvcse.com/ResponsetoCivilAction.htm
Please feel free to distribute this message in its entirety to any list or group that you believe will find it interesting or relevant. ****************************************************** Public response by Pecunix to Civil Action 02 CV 8993 filed by OSRECOVERY INC This recent action filed at a district court in New York is an example of reckless negligence and/or incompetence by the firm of LeBoeuf, Lamb, Greene & MacRae, L.L.P. and specifically of their representatives Wayne C. Matus and A. John P. Mancini. This document will demonstrate how, with negligent disregard for the consequences, the above-mentioned have included Pecunix Inc. and various parties related to Pecunix in this action without making the slightest effort to verify the allegations. This document refers to the PDF file of Civil Action 02 CV 8993 that can be found at http://pvcse.com/complaint.pdf. The "Civil Action" begins with the claim that the complaint is made "...upon due forensic investigation." This is certainly not the case; even the simplest of procedures available to anyone who has an Internet connection can show the claims against Pecunix and Simon Davis to be false. I. SUMMARY OF THE ACTION Points 1-12 - the charges are described, and nowhere in the entire description of the scam is there a suggestion of a Pecunix-like entity, nor would such make sense. III.B. THE PARTIES 22. ...OSGold was founded Feb 2001... These incompetent attorneys have failed to check that Pecunix.com was registered almost a YEAR EARLIER in June 2000. This is very simple to verify in 2 seconds by doing a check on the Domain Records, freely available to every Internet user. They negligently allege that Pecunix is designed as a CONTINUATION of OSGold. 39. ...Pecunix is governed by a board of directors, consisting of Simon Davis, Andrew Cartensen (sic) and Graham Daniels. The directors of registered companies are public knowledge in Panama. A simple investigation at the public records office or resident agent will reveal the names of the directors of a Panamanian Corporation; Pecunix is no exception. This is direct evidence that the incompetent attorneys at LLGM made absolutely no effort to verify the allegations. This list of directors is NOT CORRECT! IV FACTUAL ALLEGATIONS 100. ...Defendant Moore is also associated with Defendant Pecunix, having issued a Pecunix press release, dated August 14,2001, in his name. Pecunix did engage Mr Moore to distribute some press releases at about that time. He worked in a freelance capacity. Obviously the incompetents at LLGM never stopped to consider why Pecunix would be issuing such press releases in direct opposition to OSGold while OSGold was apparently doing so well! 132. Pecunix is a new gold-backed Internet currency, similar to OSGold... Perhaps these LLGM attorneys are also blind? Pecunix and OSGold bear ABSOLUTELY NO RESEMBLANCE WHATSOEVER. A simple visit to each of the web sites shows a massive contrast. The Pecunix web site is a vast and very professional masterpiece, that took over 2 years to architect and deploy. The OSGold web site looks like a prep school project built over a weekend. And the next vast dissimilarity between OSGold and Pecunix: OSGold assured users that their currency was 100% backed by gold, and Pecunix... 132....assures investors that "PECUNIX currency is 100% backed by gold, it is based on a 'real value' commodity, so users are assured that the value of the currency they hold is always protected."... The difference between OSGold and Pecunix is clear for anyone prepared to do even 5 minutes of simple investigation. PECUNIX DOES HAVE THE GOLD! All the proof and verification of this statement is available on the Pecunix web site, including signed verifications from the Anglo Far East Bullion Company, who store the bullion for Pecunix, and BDO Accountants, the auditor and councillor of the Pecunix Foundation. It is a simple matter of browsing through the pages at http://pecunix.com/money.refined...ind.governance. The incompetent and negligent attorneys failed to look at this readily available information on the Pecunix web site. If they had, a simple phone call to one of the above-mentioned internationally trusted and respected third parties would have revealed the truth. 132....Pecunix also has an investment program called Pecunix Venture Holdings, Inc. ("PVH"), strikingly similar to OSOpps... Now these incompetent attorneys from LeBoeuf, Lamb, Greene & MacRae demonstrate that either they can't read, or were entirely negligent and simply did not bother to read the pvcse.com web site. The PVH investment opportunity was absolutely NOTHING like their description of the OSOpps scam. Pecunix Venture Holdings Inc is a registered Panamanian Corporation that ran a legitimate and well managed private placement offer under the management of a firm of attorneys as escrow agent for the investment funds. Delloitte and Touché (Panama) are auditors for this PPO, which initially opened before OSGold even existed, and always had a published end date of 31 October 2002 when the offer was closed. Final audits are currently in progress. Investment capital raised was used for the architecture and development of the Pecunix system. No investor in PVH Inc. has ever had a "payout", or earned any dividend. They are simply venture capital shareholders in the company. 133. Upon information and belief, Mr Simon Davis is the Chief Executive Officer of Pecunix... Well tally ho Sherlock; that must have taken some work! 133. Upon information and belief, Defendant Davis has been involved in similar past fraudulent schemes. Similar to what? I am not aware of any other scams similar to OSGold in the past. 134. As the OSGold system began to fold, the activities associated with bringing Pecunix to the market began to gain velocity... [Followed by much verbal garbage through to point number 137]... These negligent attorneys are responsible for publishing extremely damaging allegations about Pecunix, simply because it was launched at about the same time as OSGold collapsed. Even a miniscule amount of research would have shown the REAL REASONS for the timing and progress of Pecunix development. 139. Upon information and belief, Defendant Moore is the Director of Public relations for Pecunix. This is another demonstration of Matus and Mancini's negligent incompetence. The Directors of Panamanian companies are public knowledge. A simple check with the registered agent in Panama would show this allegation to be nonsense. The management of Pecunix has NEVER BEEN A SECRET. 140. ...Reed responded... look in the direction of Pecunix. Upon information and belief, the people behind Pecunix may be the same people that were behind OSGold. Why are the "people behind OSGold" so difficult to identify yet the people behind Pecunix all openly published? Everything about Pecunix is fully transparent with full audits where necessary. All relevant information is easily accessible by any competent and responsible attorney willing to make a reasonable effort to assess the facts before making damaging and libellous allegations. A simple phone call to the respective resident agents in Panama for OSGold and Pecunix would reveal exactly who the Directors of both companies are. Obviously this has not been done. 141. ...Upon information and belief, Thunderbirth Investing is co-owned by Mr Davis, CEO of Pecunix, and Defendant Reed, co-founder of OSGold and/or co-owner of the Ecurrency Exchange. This is a complete fabrication. It is also interesting to note that these incompetent attorneys obviously don't REALLY believe there is any "mysterious and unidentified 'board of directors'". They name Reed as the co-founder/owner of OSGold throughout the "Civil Action". 142. Upon information and belief, Pecunix rose out of the ashes of what once was (sic) OSGold and OSOpps... Once again, this is a complete fabrication, based on previous conjecture tha t could easily be verified as false by any competent and diligent attorney. The inclusion of Pecunix in this suit is exceptionally reckless and negligent. Here is a small amount of background on Simon Davis and Pecunix, that is well known and could easily be ascertained with very little effort. Simon D. Davis, a.k.a. Sidd has been an active member in the e-currency, GBIC community since 1998. As a regular participant in many related mailing lists, he has been a strong voice for better governance and strong accountability for GBIC's for many years. From the day OSGold opened, Simon Davis STRONGLY criticised their operation, in public on many occasions. A quick search of the e-gold list at http://talk.e-gold.com/cgi-bin/lyris.pl?visit=e-gold-list will show multiple messages over the last 18 months where Sidd has been very vocal in his disapproval of OSGold. This link has a few relevant messages from soon after OSGold opened http://pvcse.com/e-mail.txt. There are numerous other lists where similar messages can be found. For three years, since long before OSGold existed, Simon Davis has been operating a reputable exchange service for honest gold-based currencies. This service, called Metal-Escrow, NEVER dealt in OSGold and ALWAYS warned anyone who enquired about OSGold that it could not be trusted. For this reason it can be seen that Metal-Escrow, one of the oldest and most well established e-currency exchanges is not listed as a Defendant in this reckless and negligent Civil Action. http://metal-escrow.com/ Simon Davis resigned as one of the founding board members of the eCurrency Trade Association, soon after the eCTA decided to list OSGold on their site. His decision was due to his disagreement with this and other policies of the eCTA. As a long time participant in the Internet gold economy, and as a veteran programmer in this fledgling industry, Simon Davis is exceptionally well qualified to design and manage a gold-based Internet currency. Since before June 2000, Simon Davis along with the directors of Pecunix, has been working diligently using audited investment funds, to create a gold-based currency to challenge the best. The "state of the art" Pecunix governance structure is the best ever designed, with independent audits of the database and the gold stores by trusted and respected third parties. Pecunix has also established a business relationship with a HIGHLY reputable bullion company, who bring expertise in the gold storage and management facet of the Pecunix business. http://pecunix.com/money.refined...ind.companyStructure Technologically, Pecunix is designed for absolute reliability and exceptional data security, with geographic distribution of data and incorporating Public Key cryptography to enhance the security and privacy of the system. A cursory glance at the Pecunix web site reveals this in an instant. http://pecunix.com/money.refined...ind.databasesecurity Pecunix is a young company with immense potential. The negligent and incompetent attorneys, Wayne C. Matus and A. John P. Mancini, both of LeBoeuf, Lamb, Greene & MacRae, L.L.P. are responsible for publishing extremely damaging and libellous allegations about Pecunix and Simon Davis with reckless disregard for the consequences. They have not stopped to consider the questions: What if Pecunix and Simon Davis are COMPLETELY INNOCENT of these damaging allegations? Who will pay for the ENORMOUS loss of revenue that may result from this negligent action at this most critical start-up time for Pecunix? Will the investors in Pecunix Venture Holdings be willing to sit back and watch this damage being so callously wrought on their investment through negligence and incompetence? Pecunix will seek to recover all costs and/or losses, present or future, incurred through these negligent and damaging claims published in this Civil Action. The directors of Pecunix hold Wayne C. Matus and A. John P. Mancini, and the firm of attorneys LeBoeuf, Lamb, Greene & MacRae, L.L.P. to be negligent and accountable for making these damaging and defamatory claims about Pecunix without making any attempt to verify their veracity. All the charges and allegations in this Civil Action about Pecunix, Simon Davis and related parties are a complete fabrication based on uninformed, un-researched and negligent conjecture. Simon D. Davis Managing Director, Pecunix Inc. ----------------------------------- This document to be distributed as follows: Please feel free to distribute this message in its entirety to any list or group that you believe will find it interesting or relevant. LeBoeuf, Lamb, Greene & MacRae, L.L.P. Fax: +1 212 424 8500 Peter R. O'Flinn, LLGM - [EMAIL PROTECTED] Steven H. Davis, LLGM - [EMAIL PROTECTED] Wayne C. Matus, LLGM - [EMAIL PROTECTED] ph +1 212 424-8533 A. John P. Mancini, LLGM - [EMAIL PROTECTED] ph +1 212 424-8313 Judge Lewis A. Kaplan - Fax. +1 212 805 0383 Ph: +1 212 805 0216 A. Sinclair, BDO Vanuatu - [EMAIL PROTECTED] P. Judge, Anglo Far-East Bullion Co. - [EMAIL PROTECTED] Arias & Arias Consultores - [EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED] [EMAIL PROTECTED] http://goldeconomy.com/ --- You are currently subscribed to e-gold-list as: archive@jab.org To unsubscribe send a blank email to [EMAIL PROTECTED] Use e-gold's Secure Randomized Keyboard (SRK) when accessing your e-gold account(s) via the web and shopping cart interfaces to help thwart keystroke loggers and common viruses.
