quote:
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Brull Piccionelli Sarno Braun & Vradenburgh
A Professional Association
1925 Century Park East, Suite 2350
Los Angeles, CA 90067
Tel: (310) 553-3375
Fax: (310) 553-4120
November 13, 2001
Via FEDERAL EXPRESS and
EMAIL: [email protected]
Robert A. Sarno
E-mail: [email protected]
Direct Line: (323) 666-0485
Mr. Jive
(Deleted)
Vancouver, BC CAN V5N2R6
Re: RJB Telecom, Inc.; Robert Botto
Legal Action for Defamation/ Cease and Desist Notice
Mr.Jive : This law firm represents both RJB Telecom, Inc., the operator of the Maximum Cash (MaxCash) webmaster affiliate program, and Robert Botto, individually.
It has come to my clients' attention that you have been publishing false defamatory and malicious statements and accusations on the Internet directed against RJB Telecom, the Maximum Cash Program and Robert Botto. I have attached a copy of the text of the identical messages you posted on November 12, 2001 at the following urls: www.privatelabelresources.com and www.trafficswap.com. In both instances you posted these messages under the name "Jive". The email address for Jive is (deleted). I have also sent you a copy of this letter at that email address.
As I indicated, I have attached your statement in its entirety to this letter. Without going into all of the objectionable particulars of your statement, I would simply point out that you falsely accuse the Maximum Cash program as being fraudulent and that the owner of Maximum Cash, i.e., "RB" (Robert Botto) as being a "manipulator and a cheater" who is "scamming" participating webmasters by "shaving" traffic figures and "ripping" them off (i.e., defrauding them of commissions to which they are entitled). All of these allegations of wrong doing on the part of Robert Botto, RJB Telecom, Inc., and Maximum Cash are totally baseless, untrue and false. Your false statements are made either made with knowledge of the falsity of those statements or with a reckless disregard of the falsity of those statements. Moreover, your defamation falsely implies that Robert Botto is engaging in criminal conduct, and therefore constitutes libel per se.
This is to put you on notice that your false and slanderous statements and accusations against my clients constitute intentional defamation and tortuous interference with prospective business opportunities. Your false and defamatory statements, published in the chat rooms of web sites catering to adult webmasters, appear to be designed and calculated to inflict the greatest possible damage on my clients' business interests and reputation within the very industry that they do business.
On behalf of my clients I make a formal demand on you to immediately cease and desist from any further publication, either in writing or verbally, of defamatory and slanderous false statements and accusations against RJB Telecom, Inc., the Maximum Cash Affiliate Program, Robert Botto or any other person or persons associated with any of them.
If we determine that you make any further defamatory or slanderous statements regarding my clients, my law firm has been authorized to take all appropriate actions to protect their rights, including filing a complaint against you for your willful and malicious tortuous actions in which we will seek maximum monetary damages, including compensatory and punitive damages, injunctive relief and attorneys fees.
I note that your address is in Canada. Lest you mistakenly believe that your actions can not be punished or that you can escape liability because your residence is outside the United States, let me assure you that we are fully prepared to pursue this matter in the United States Federal District Court or, if necessary, to engage our Canadian attorneys to prosecute this matter against you directly in the appropriate Canadian courts.
Please henceforth direct all communications concerning this matter to the undersigned.
I look forward to your timely response, and thank you in advance for your anticipated cooperation. On the other hand, should you choose not be cooperative, rest assured that this law firm will vigorously and ardently pursue every legal avenue available to vindicate my clients' rights and secure full compensation for their damages.
I strongly urge you to contact me directly upon receipt of this letter to communicate your unconditional agreement to comply. If I do not receive a satisfactory response from you within 5 days of receipt of this letter I will proceed with filing a lawsuit against you.
This letter is written without prejudice to any rights of our clients, including, but not limited to, rights to injunctive relief, compensatory and punitive damages and attrorneys' fees.
Very truly yours,
Robert A. Sarno
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For those of you with a Maxcash reseller account here is the full thread link:
http://forums.maxcash.com/showthrea...e=&view=&sb=&o=
--------------------------------------------------------------------------------
Brull Piccionelli Sarno Braun & Vradenburgh
A Professional Association
1925 Century Park East, Suite 2350
Los Angeles, CA 90067
Tel: (310) 553-3375
Fax: (310) 553-4120
November 13, 2001
Via FEDERAL EXPRESS and
EMAIL: [email protected]
Robert A. Sarno
E-mail: [email protected]
Direct Line: (323) 666-0485
Mr. Jive
(Deleted)
Vancouver, BC CAN V5N2R6
Re: RJB Telecom, Inc.; Robert Botto
Legal Action for Defamation/ Cease and Desist Notice
Mr.Jive : This law firm represents both RJB Telecom, Inc., the operator of the Maximum Cash (MaxCash) webmaster affiliate program, and Robert Botto, individually.
It has come to my clients' attention that you have been publishing false defamatory and malicious statements and accusations on the Internet directed against RJB Telecom, the Maximum Cash Program and Robert Botto. I have attached a copy of the text of the identical messages you posted on November 12, 2001 at the following urls: www.privatelabelresources.com and www.trafficswap.com. In both instances you posted these messages under the name "Jive". The email address for Jive is (deleted). I have also sent you a copy of this letter at that email address.
As I indicated, I have attached your statement in its entirety to this letter. Without going into all of the objectionable particulars of your statement, I would simply point out that you falsely accuse the Maximum Cash program as being fraudulent and that the owner of Maximum Cash, i.e., "RB" (Robert Botto) as being a "manipulator and a cheater" who is "scamming" participating webmasters by "shaving" traffic figures and "ripping" them off (i.e., defrauding them of commissions to which they are entitled). All of these allegations of wrong doing on the part of Robert Botto, RJB Telecom, Inc., and Maximum Cash are totally baseless, untrue and false. Your false statements are made either made with knowledge of the falsity of those statements or with a reckless disregard of the falsity of those statements. Moreover, your defamation falsely implies that Robert Botto is engaging in criminal conduct, and therefore constitutes libel per se.
This is to put you on notice that your false and slanderous statements and accusations against my clients constitute intentional defamation and tortuous interference with prospective business opportunities. Your false and defamatory statements, published in the chat rooms of web sites catering to adult webmasters, appear to be designed and calculated to inflict the greatest possible damage on my clients' business interests and reputation within the very industry that they do business.
On behalf of my clients I make a formal demand on you to immediately cease and desist from any further publication, either in writing or verbally, of defamatory and slanderous false statements and accusations against RJB Telecom, Inc., the Maximum Cash Affiliate Program, Robert Botto or any other person or persons associated with any of them.
If we determine that you make any further defamatory or slanderous statements regarding my clients, my law firm has been authorized to take all appropriate actions to protect their rights, including filing a complaint against you for your willful and malicious tortuous actions in which we will seek maximum monetary damages, including compensatory and punitive damages, injunctive relief and attorneys fees.
I note that your address is in Canada. Lest you mistakenly believe that your actions can not be punished or that you can escape liability because your residence is outside the United States, let me assure you that we are fully prepared to pursue this matter in the United States Federal District Court or, if necessary, to engage our Canadian attorneys to prosecute this matter against you directly in the appropriate Canadian courts.
Please henceforth direct all communications concerning this matter to the undersigned.
I look forward to your timely response, and thank you in advance for your anticipated cooperation. On the other hand, should you choose not be cooperative, rest assured that this law firm will vigorously and ardently pursue every legal avenue available to vindicate my clients' rights and secure full compensation for their damages.
I strongly urge you to contact me directly upon receipt of this letter to communicate your unconditional agreement to comply. If I do not receive a satisfactory response from you within 5 days of receipt of this letter I will proceed with filing a lawsuit against you.
This letter is written without prejudice to any rights of our clients, including, but not limited to, rights to injunctive relief, compensatory and punitive damages and attrorneys' fees.
Very truly yours,
Robert A. Sarno
--------------------------------------------------------------------------------
For those of you with a Maxcash reseller account here is the full thread link:
http://forums.maxcash.com/showthrea...e=&view=&sb=&o=
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