I Received a Cease & Desist from a Bitconnect Promoters Attourney

in #cryptocurrency7 years ago (edited)

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This afternoon as I was checking my e-mail on the phone during a moment of down time I saw an e-mail subject line titled "Cease and Desist". Being a business person and Entrepreneur this is obviously alarming so I immediately opened it up.

To my surprise I received a Cease and Desist e-mail from one of the larger Bitconnect promoters attourneys claiming that I slandered there client and ordering me to remove Youtube videos or I would be sued. I'm not going to mention which Bitconnect promoter this was, however if you think of say 5 of the largest, with 99% certainty you can probably assume it's one of them.

While I'll admit for a second it had me a bit shaken, nobody likes dealing with lawyers right, but after digesting the e-mail immediately started laughing.

I've decided not to mention which Bitconnect promoter this story involves, however I'm almost certain other Youtubers or bloggers had to receive a similar letter. The reason I think this is because Youtube, Reddit, and the blogosphere is filled with hundreds if not thousands of articles, Reddit posts, and Youtube videos calling the larger Bitconnect promoters scammers, fraudsters, assholes, motherfuckers and every other name under the sun.

The letter claims that this promoter was never involved in fraud, fraudulant activity, or promoting a ponzi scheme and that any claims that he was are false.

There's only one particular video of mine in which I think I even mention this promoter and I did nothing more than offer my commentary on the situation as well as their response to the situation.

Part of this which I find the most comical is in my video I comment on this persons response to the Bitconnect situation as well as things they had said in past videos. I went to click on the links today and guess what the videos have been scrubbed from Youtube and the internet.

I find it kind of funny that someone who did nothing wrong would feel the need to scrub any trace of them being involved with promoting Bitconnect.

For the time being I've removed the video from the internet because quite frankly I have better uses of my time than dealing with this fuckery, well that, and the fact that someone who by my estimates made well over a million Dollars promoting Bitconnect has much larger pockets than myself and I don't feel like getting into a legal battle.

That said I find the whole situation comical. I also think, man, these Bitconnect promoters have some balls. In my opinion they are completely in the wrong, yet they have the balls to come after me, and I'm assuming others for even daring to utter their name and comment on the situation.

I'm guessing others out there have received similar letters.

While I wasn't personally affected by this Bitconnect situation I do feel that Bitconnect and anyone who promoted it slandered the entire cryptocurrency space and gave the entire cryptocurrency community a black eye which is why I'm personally offended and bothered by it.

That's all I got, but I couldn't believe the balls on this guy to start sending out cease and desist letters like I'm in the wrong somehow for talking about this.

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Maybe you can give out the name and address of this lawyer. There are lots of people that may want to contact him about suing his client.

Hahhah, I like that Idea and also it will good to have the lawyers name and address so that he or she can be served a lawsuit for harassing individuals with frivolous bullshit.

The funniest part of the letter is that this individual never promoted a ponzi scheme and never in promoting fraud/fraudulant activity/ or illegal activity.

Pon·zi scheme
ˈpänzē ˌskēm/Submit
noun
a form of fraud in which belief in the success of a nonexistent enterprise is fostered by the payment of quick returns to the first investors from money invested by later investors.

Belief in a nonexistent enterprise...check, fostered by payment of quick returns....check, returns the first investors money from money invested by later investors....check.

It looks to me like Bitconnect checks all three criteria for what a ponzi scheme is.

Add to that the State of Texas as well as another state which slips my mind has called Bitconnect an unregistered security so best case scenario anyone promoting Bitconnect was promoting an illegal unregistered security, worst case scenario and in my opinion and by all accords pretty much according to the definition of a ponzi scheme Bitconnect was one.

I probably won't mention a name but definitely gonna put together a video this weekend.

It is pretty aggravating for sure and especially since we are self regulated it becomes a big part to call these idiots out....etc.

In the end like I have said before I don't really know what should happen to these fools. If nothing else I just want to see them lose all credibility and there following on all social media.

But yeah I know the uneasy feeling of even being threatened by these douche bags.

You should seriously do a video for YouTube about this. You don't have to give out the name obviously but it would be cool to get the info out there about how these scammers work. You might also want to forward that letter to the SEC and FINCEN.

I was debating whether it was worth stirring some stuff up and also whether it's even worth my time and attention to focus on this nonsense.

I think I"ll make one video about it if for no other reason than I'm sure other people got this letter as well and I'd like to let others know it's nothing to be worried about and they aren't the only one. If you look at my response to @brianphobos above Bitconnect checks all 3 boxes in regards to the definition of a ponzi scheme but even if that is up for debate Texas has declared Bitconnect an unregistered security so best case scenario it was promoting an unregistered security worst case a straight up ponzi so I don't see how someone can be mad at me for in my opinon reporting facts.

lol, I'm hoping maybe some more people will come forward with similar stories to mine. If I got this letter I have to imagine other Youtubers or bloggers got them as well. My video wasn't even bad and didn't say anything that was factually untrue. If I got this I imagine they are just blasting them out to anyone who's talked about this guy hoping to intimidate people into taking down videos.

The best part is these idiots are trying to get their videos and posts removed but thanks to the community and the immutable blockchain good luck with that! Actions forever written in stone.

Yeah they've removed them from Youtube but at the end of the day Google has a record of all that if anyone really wants it. I have seen people reuploading many of the Bitconnect videos and stuff to DTube and other sites to preserve it so thats good. The person I was contacted by has since removed all their Bitconnect stuff. I wonder why they felt the need to remove videos if they didn't do anything wrong.

Hi, copying my comment from Reddit.

I run a free speech clinic where my students practice helping people who are threatened by lawsuits relating to public participation.

My first thought here is that the promoters might be trying to hide evidence that might be used to track them down later on, and not just to silence you.

If you want, I can have a look at the c&d and tell you if it seems has any merit or it's just a scam. Please note that my legal certification and license is in Israel and I do not have a license in any US state. I'd really recommend you talk to a licensed lawyer at your jurisdiction to make sure that you're protected under law.

you can mail me at info [at] jonathanklinger dot com.

Hey appreciate you reaching out. I find the whole thing to be outrageous for these reasons...

  1. There's no disputing this person promoted Bitconnect, they made dozens if not hundreds of videos on a daily basis.

  2. The letter says this person never promoted a ponzi scheme however Bitconnect seems to have every box checked in terms of what a ponzi scheme is ie a non-existant enterprise, fostered by the payment of quick returns, and where earlier investors are paid by funds from later investors. Seems pretty cut and dry Bitconnect was a ponzi scheme so not sure how they can say he never promoted a ponzi.

  3. It says they never promoted anything illegal or criminal. Several US states have issues Cease and Desist notices to Bitconnect saying it's an unregistered security so again pretty cut and dry anyone who promoted Bitconnect was promoting an unregistered illegal security.

  4. Lastly my video was basically a commentary on this persons video and funny they have since taken down that video along with most if not all other Bitconnect videos. At the end of the day I know this is all saved on Youtube's servers but regardless, if this individual didn't do anything wrong why do they have to try to scrub the internet of everything they've ever done regarding Bitconnect?

I appreciate you reaching out. While I know I'm in the right at the same time I realize anyone can sue anyone for anything and am kind of debating if it's even worse pressing the issue and wasting my time and energy over something so stupid. I do appreciate you reaching out though, I may wind up forwarding it over to you.

sorry to hear that!

and then they have the balls to act as if nothing happened!!!

SCUMBAG number 1:
The financial advisor:
literally saying....sell your ass if you have to ...BUT get at least a $1000 bucks to invest in BCC!


source: Luka you've been HACKED

SCUMBAG number 2:
the scamming pathetic chronic LIAR!
Trevon James hacked wallet -Instagram and the delete video LIES LIES AND MORE LIES!!!


source: Luka you've been HACKED

Did i guess right?

Oh...and Craig Grant....while we are in the flow (as you always say) LOL
here ya go!!!


source: YLGV

the way i see it,
we all owe @berniesanders a HUGE THANK YOU!
for wasting his own steem power flagging these two......
thank you Bernie!

I have had kind of a debate with a couple other Steemians regarding this issue, I'd be curious to hear your thoughts.

So first off I'm no fan of Craig or Travon, and I would encourage flagging if they are promoting scams.

That said if they are making a video about a crock pot recipe or baking cookies I don't think we should flag them.

Here's my thinking, we tout Steemit as being a free and open place and encourage Youtubers who are demonetized to come over here.

Now technically speaking Youtube doesn't censor people, they just demonetize them, it could be argued that's a form of censorship but just saying it's not as if they are pulling videos down.

Now I would compare the community ganging up and flagging people to keep them from earning is no different from Youtube deciding people can't earn.

Curious your thoughts on that? I can see both sides of the issue.

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I do find it funny to see everyone backtrack like oh I never told anyone to invest I only showed what I was doing, and then you go back and watch videos saying things like you need to sell everything you own and put it into Bitconnect lol.

It wasn't either of these cats that had the attourney send the letter though.

Cease and Desist letters are no longer what they used to be...! mhm mhm... no no no!

Oh my...
If I received that email, I would probably feel nervous as well, like wtf?

I think you did the right thing. Even though you may be in the right, you have to choose your battles. You don't need to deal with all the BS of legal battles and what not.

Good job

One thing I've learned in business and from a legal standpoint is that anyone can use anyone for anything and while you may be 1000% in the right, is it worth a crapload of money to prove that.

I had a legal issue regarding a business of mine and my lawyer at the time said you are 100% right, now is it worth $50,000 to prove your right? I wound up deciding no and moving on lol.

Part of me on principal wants to kick up a stink regarding this, however I guess I've matured enough that I can say choose your battles, some stuff isn't worth your time or the headache, but it does really make me angry how outrageous this is and I know 1000% I didn't say anything that wasn't factually true and any other statements were sharing my opinion which I have the right to do.

Just saw your blog post, glad to see it man you got huge balls to pickup and move to anther country, really admire that about you and looking forward to hearing more about it. Keep it up with these types of posts. I dropped you a barrage of questions if you wanna touch on any of it in future posts lol

If there was a case (doubtful there is) the promoter would need to dish out the dough to actually go to court. If he does this even a few times, hes looking at $100k+ in attorneys fees with guarantee that they'd win. As soon as the funds dry up the lawyer will drop the case, especially if it doesnt look like they could get any money out of the case. They would need to prove a specific amount of monetary damages, likely much smaller than the cost of the trial.

You probably did the best thing by taking down the video, but it is highly doubtful they would be able to successfully tale you and any other media influencers to court and come out on top.

Best legal advice I've received (besides "get it on paper") is "don't spend good money chasing bad money".

True wouldn't be cheap for either party however with his Bitconnect riches he's got deeper pockets than me :(

wow dude. That is some ridiculous shit and I can understand you not wanting to deal with it at all. These slezzy ass lawyers are ridiculous. I'm sending you an e-mail about a couple things.

Yeah I couldn't believe it, my video wasn't even bad, I basically offered commentary on the response from a couple bitconnect promoters laughing about Bitconnect crashing, yet somehow I'm the bad guy. I'll keep an eye out for your email.

I get furious thinking about lawyers. I mean how much of a Rat Bastard would you feel like representing someone clearly promoting a ponzi and then wanting you to tell everyone to take down their videos talking about the situation?

Message to lawyers representing rat bastards from @brianphobos . I don't care about your law degree or what law school you went to. You aren't important and you can all fuck off. You are a greasy sharts. Total Embarrassment to society

How is bitconnect still worth $4.08? I understand holding but this is ridiculous..... 😂 (I probably would have taken down the video too because life doesn’t need to be harder than it is, even though the letter was probably bs lol)

You know what's funny, I actually saw it WAY down the other day and was like maybe I'll throw $100 at it at these prices and hope for a quick flip. If I'm not mistaken I thought I saw it up 50% today, funny enough though even up 50% it's still down 99% from the all time high lol

LOL i couldn’t do it just based on principle. I don’t know why I take it personally, but I do. The price bothers me because I’ve been watching bitshares struggle to get back to half of what it was ATH and bitconnect, a scam is worth $4.18........ WHYYYYY 😂

My guess is “crypto Nick’s” lawyer sent the email since he was the first of the group to “lawyer-up”. Second guess would be Craig Grant. Personally, Jonnny I think you are doing yourself a disservice by caving to an erroneous cease and desist email, which is clearly just a bullying tactic lawyers use to silence the opposition. In your case, it achieved the desired response and in doing so, it squashed your right to free speech. I am kinda suprised to see you let them do this to you, especially since you weren’t slandering him, but I guess we all have to choose our battles.

I talked to a fellow Steemian about it last night and this morning and I think I am going to make a Youtube video about this. I probably won't say exactly who it is just because I don't want to get into some Youtube video flagging battle or some fuckery like that but I am going to speak about it. I'm positive some other Youtubers or bloggers got similar letters since my video was very tame and didn't say anything untrue, and honestly his name wasn't even mentioned in the title, tags, description or thumbnail where as I see others with the guys picture, calling out his name, etc. Not that there's anything wrong with that but my point being if hte lawyer was searching for content on him to send cease and desists there's plenty of others who probably would have been easier to find than mine.

It actually wans't any of the guys you've mentioned so I'm sure at this point peopel can pretty much narrow it down as to who is was lol

WHAT EVER HAPPENS!

dont worry!!! :-)

we will create a Steemit fund to help you out!!!

and count me in!!!

i got scammed by @zeartul for 1000 SBD......
i had written that off as a loss....

then the most amazing thing i ever witnessed happened!
STRANGERS.... banding together to help all the @zeartul victims out!!!
amazing.....incredible.....

dont worry @rulesforrebels.....just keep us informed!
and let us know if you ever need help!
PLEASE!

That’s interesting since the only one left would be Mr Trevon and I seem to recall him saying numerous times, “I don’t need a lawyer”. I guess he realized that he does in fact need a lawyer.

i will say you are lucky to be strong and find out who those motherfuckers are,
for some people will be afraid and somethings ease will happen. i quest we should be aware of does fraudsters.