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mtgoat666
Select Nomad
Posts: 18377
Registered: 9-16-2006
Location: San Diego
Member Is Offline
Mood: Hot n spicy
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| Quote: | Originally posted by winthy
fulano just bought himself a defamation lawsuit....he should mind his own p's and q's before he starts thowing bs out. my attorney, a guy you see on
CNN quite often wants to chat with him. anyone else want in on the action? |
since when does being on CNN mean squat? my dog was on CNN 
if "winthy" is not the person outed, then winthy should reveal himself, and quit hiding behind alias. if "winthy" was indeed outed, then "winthy"
should explain why he is touting RE sales under an alias, and explain his prior apparent misdeeds. never trust a RE salesperson that doesn't use
his/her real name in advertisements.
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rts551
Elite Nomad
Posts: 6699
Registered: 9-5-2003
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| Quote: | Originally posted by fulano
| Quote: | Originally posted by DENNIS
Fulano should give us some clarification. |
There's nothing I can say that will remove the last shred of doubt from everybody here. There is only one way to resolve this. Since we know that
winthy is reading this thread, let's just put the question to him:
winthy:
Is the person listed as the contact for Racho Del Sol Eastcape on this website:
www.ranchodelsoleastcape.com
the very same person as in this SEC adminstrative action:http://www.sec.gov/litigation/admin/34-41957.htm ?
A simple "yes" or "no" answer will be sufficient.
Warmest regards,
Fulano
Now, let's all sit back, and relax and wait for the answer. |
Ful
First thing I did was look using goggle to see where else you were posting and what you were saying... enough said.
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fulano
Banned
Posts: 496
Registered: 3-31-2008
Location: Ramona, CA
Member Is Offline
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| Quote: | Originally posted by rts551
First thing I did was look using goggle to see where else you were posting and what you were saying... enough said. |
I've got a news flash for you rts: I only post as fulano on BajaNomads. All the other Google hits you get are other Fulano's. I don't think you speak
Spanish, so I'll let you in on the joke that apparently only you don't get:
Fulano de tal is Spanish for John Doe. So why don't you Google John Doe and find all my other posts?
p.s. It's "Google", not "goggle".
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fulano
Banned
Posts: 496
Registered: 3-31-2008
Location: Ramona, CA
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| Quote: | Originally posted by tripledigitken
Whose getting stabbed, Fulano? We don't even know if the Brandt in the SEC action ( a disciplinary one 9 years ago) is the same individual.
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Oh yes I know. And I haven't even told the whole story of what was going on. Your new-found friend ducked a big bullet because he was a small fry.
Read about the bullet he managed to duck:
http://classaction.findlaw.com/cases/securities/sec/sec1/fil...
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rts551
Elite Nomad
Posts: 6699
Registered: 9-5-2003
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| Quote: | Originally posted by fulano
| Quote: | Originally posted by rts551
First thing I did was look using goggle to see where else you were posting and what you were saying... enough said. |
I've got a news flash for you rts: I only post as fulano on BajaNomads. All the other Google hits you get are other Fulano's. I don't think you speak
Spanish, so I'll let you in on the joke that apparently only you don't get:
Fulano de tal is Spanish for John Doe. So why don't you Google John Doe and find all my other posts?
p.s. It's "Google", not "goggle". |
You don't know me. what I speak, or where I live. Hide behind your name. yes I know what means. And I don't take your name as a joke. only a a
reflection of your being.
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fulano
Banned
Posts: 496
Registered: 3-31-2008
Location: Ramona, CA
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WE HAVE A CONFESSION!!
winthy confessed that he is the same person as in the SEC administrative action.
| Quote: |
From: winthy
To: fulano
Folder: Inbox
Sent: 5-30-2008 at 03:23 AM
Message: Fulano...it is past 8pm pst. I have no answer from you. I personally have many millions of my own money in this project. I won't stand for
some internet hack trying to mess it up. I have the gunpowder to make an example of you and will l do it on principle alone. The law firm I use is
Geragos and Geragos. Mark Geragos. He is the one that handled the case that you decided to show the world without knowing the facts. He is very
expensive. If I engage him on this tomorrow it is going to be very painful on you. Send me your contact info, get that post off the site, give me an
apology and an offer to settle or I am taking this to the mat....rest assured it is no bluff. I have a severe distaste for people that interfere with
my livelyhood. I better have a good answer in the morning. Next time mind you own business....you have no idea what kind of person I am.
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All you naysayers owe me an apology. He has millions of dollars in his 20-acres of paper lots in Baja with no power, water, sewage or roads. Millions,
ya hear? Millions.
p.s. I is not past 8pm pst. 8pm pst is 9pm pdt. If Mark Geragos were there, he would probably tell him that.
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JG
Junior Nomad
Posts: 49
Registered: 1-29-2005
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I KNEW IT!! GERAGOS!! THATS WHY HE LOST TO THE SEC!!
| Quote: | Originally posted by fulano
winthy confessed that he is the same person as in the SEC administrative action.
| Quote: |
From: winthy
To: fulano
Folder: Inbox
Sent: 5-30-2008 at 03:23 AM
Message: Fulano...it is past 8pm pst. I have no answer from you. I personally have many millions of my own money in this project. I won't stand for
some internet hack trying to mess it up. I have the gunpowder to make an example of you and will l do it on principle alone. The law firm I use is
Geragos and Geragos. Mark Geragos. He is the one that handled the case that you decided to show the world without knowing the facts. He is very
expensive. If I engage him on this tomorrow it is going to be very painful on you. Send me your contact info, get that post off the site, give me an
apology and an offer to settle or I am taking this to the mat....rest assured it is no bluff. I have a severe distaste for people that interfere with
my livelyhood. I better have a good answer in the morning. Next time mind you own business....you have no idea what kind of person I am.
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All you naysayers owe me an apology. He has millions of dollars in his 20-acres of paper lots in Baja with no power, water, sewage or roads. Millions,
ya hear? Millions.
p.s. I is not past 8pm pst. 8pm pst is 9pm pdt. If Mark Geragos were there, he would probably tell him that. |
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
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This wimpy guy is too funny !!
So you admit that you are the SEC guy and you think that you have a case against Fulano for simply posting a link to some public information ??
And then for some reason you chose to "bare your sole" !??
Not only may you be crooked but you are apparently no legal eagle either !!
And yes, I do know of some "crooks" that hid under the SEC nose for many years and moved on with their illgotten gains.
Have a nice day and tons of luck selling your lots !! :
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rogerj1
Nomad
Posts: 265
Registered: 4-29-2004
Location: Gig Harbor, WA
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Everybody makes mistakes, but not everybody uses mistakes as a learning experience and becomes a better person because of it.
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BMG
Super Nomad
Posts: 1776
Registered: 6-10-2007
Location: La Paz / Bahia Asunci�n / Away from home
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What Are Defamation, Libel and Slander?
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves
the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of
defamatory statements in a printed or fixed medium, such as a magazine or newspaper.
Typically, the elements of a cause of action for defamation include:
1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
4. Damage to the plaintiff.
In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be
in print.
Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental
anguish.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following
may consititute defamation per se:
* Attacks on a person's professional character or standing;
* Allegations that an unmarried person is unchaste;
* Allegations that a person is infected with a sexually transmitted disease;
* Allegations that the person has committed a crime of moral turpitude;
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change
the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that
the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages.
What Defenses Are Available To People Accused of Defamation?
The most important defense to an action for defamation is "truth", which is an absolute defense to an action for defamation.
Another defense to defamation actions is "privilege". For example, statements made by witnesses in court, arguments made in court by lawyers,
statements by legislators on the floor of the legislature, or by judges while sitting on the bench, are ordinarily privileged, and cannot support a
cause of action for defamation, no matter how false or outrageous.
A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the statement may not support
a cause of action for defamation. Whether a statement is viewed as an expression of fact or opinion can depend upon context - that is, whether or not
the person making the statement would be perceived by the community as being in a position to know whether or not it is true. If your employer calls
you a pathological liar, it is far less likely to be regarded as opinion than if such a statement is made by somebody you just met. Some jurisdictions
have eliminated the distinction between fact and opinion, and instead hold that any statement that suggests a factual basis can support a cause of
action for defamation.
A defense similar to opinion is "fair comment on a matter of public interest". If the mayor of a town is involved in a corruption scandal, expressing
the opinion that you believe the allegations are true is not likely to support a cause of action for defamation.
A defendant may also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages
resulting from the defamatory statements.
A defendant who transmitted a message without awareness of its content may raise the defense of "innocent dissemination". For example, the post office
is not liable for delivering a letter which has defamatory content, as it is not aware of the contents of the letter.
An uncommon defense is that the plaintiff consented to the dissemination of the statement.
Public Figures
Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where
a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with
"actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless
disregard as to its truth. For example, Ariel Sharon sued Time Magazine over allegations of his conduct relating to the massacres at the Sabra and
Shatila refugee camps. Although the jury concluded that the Time story included false allegations, they found that Time had not acted with "actual
malice" and did not award any damages.
The concept of the "public figure" is broader than celebrities and politicians. A person can become an "involuntary public figure" as the result of
publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to
pursue actions for defamation even after their innocence is established, on the basis that the notoriety associated with the case and the accusations
against them turned them into involuntary public figures.
A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest. For example, a
woman named Terry Rakolta was offended by the Fox Television show, Married With Children, and wrote letters to the show's advertisers to try to get
them to stop their support for the show. As a result of her actions, Ms. Rakolta became the target of jokes in a wide variety of settings. As these
jokes remained within the confines of her public conduct, typically making fun of her as being prudish or censorious, they were protected by Ms.
Rakolta's status as a "limited public figure".
Why Commencing A Defamation Action Is Not Aways A Good Idea
While people who are targeted by lies may well be angry enough to file a lawsuit, there are some very good reasons why actions for defamation may not
be a good idea.
The publicity that results from a defamation lawsuit can create a greater audience for the false statements than they previously enjoyed. For example,
if a newspaper or news show picks up the story of the lawsuit, false accusations that were previously known to only a small number of people may
suddenly become known to the entire community, nation, or even to the world. As the media is much more apt to cover a lawsuit than to cover its
ultimate resolution, the net effect may be that large numbers of people hear the false allegations, but never learn how the litigation was resolved.
Another big issue is that defamation cases tend to be difficult to win, and damage awards tend to be small. As a result, it is unusual for attorneys
to be willing to take defamation cases on a contingent fee basis, and the fees expended in litigating even a successful defamation action can exceed
the total recovery.
Another significant concern is that, even where the statements made by the defendant are entirely false, it may not be possible for a plaintiff to
prove all of the elements of defamation. Most people will respond to news that a plaintiff lost a defamation lawsuit by concluding that the
allegations were true.
In other words, the plaintiff in a defamation action may be required to expend a considerable amount of money to bring the action, may experience
significant negative publicity which repeats the false accusations, and if unsuccessful in the litigation may cement into the public consciousness the
belief that the defamatory accusations were true. While many plaintiffs will be able to successfully prosecute defamation actions, the possible
downside should be considered when deciding whether or not such litigation should be attempted.
I think the world is run by C- students.
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fulano
Banned
Posts: 496
Registered: 3-31-2008
Location: Ramona, CA
Member Is Offline
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| Quote: | Originally posted by winthy
"Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following
may consititute defamation per se:
* Attacks on a person's professional character or standing; YES he did
* Allegations that the person has committed a crime of moral turpitude; Yes He did
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change
the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that
the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages."
I gave him the opportunity to apologize..... |
What are your monetary damages? You'll have to quantify them in court.
Defense of truth. Was the SEC link to a true document?
And you continue to lie on this message board. That whole story about your securities career was pure BS. You didn't make one little mistake. You made
lots of mistakes. You had your securities license revoked in 1994. The only license you had then was a Series 7. Then you worked as a floor trader at
the PCX for 7 or 8 years unlicensed, until the SEC yanked your chain AGAIN. You were no big guy in the industry. After the SEC fiasco you drifted over
to Girard Securities from 9/2000 until 2/2007 (on and off). You didn't pass the Series 55 (that allows limited equity trading) until late 2005.
Now you are all over the internet advertising you are a real estate loan originator out of Orange County( making loans in Mexico no less). Does
PACIFIC DIRECT ACCESS CORP. or COSTA AZUL sound familiar? The problem is, winthy, California law requires a person to have a minimum of a real estate
salesmans license in order to originate real estate loans and to be supervised by a person with a real estate brokers license. Neither you nor your
wife have a valid real estate license.
So here's the same pattern repeating...working in a business that requires a professional license without the license.
I don't even want to get into how a pocho like you could possibly put together a real estate loan in Spanish on Mexican property to an American, all
from Orange County. The Mexican bankers at Banamex have a stroke trying to make a real estate loan to a Mexican.
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Diver
Ultra Nomad
Posts: 4729
Registered: 11-15-2004
Member Is Offline
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| Quote: | Originally posted by winthy
"Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following
may consititute defamation per se:
* Attacks on a person's professional character or standing; YES he did
* Allegations that the person has committed a crime of moral turpitude; Yes He did
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which modify the common law. They may change
the elements of the cause of action, limit when an action may be filed, or modify the defenses to an action for defamation. Some may even require that
the defendant be given an opportunity to apologize before the plaintiff can seek non-economic damages."
I gave him the opportunity to apologize..... |
You would only have a case if something Fulano said was false AND harmed you financially. I have heard nothing from you denying the SEC information or
anything else that has been mentioned. You obviously have no standing for any type of defamation claim so why don't you give it up before you make
yourself look even worse !?
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oldlady
Banned
Posts: 1714
Registered: 10-31-2005
Location: BCS
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Wellllll, winthy, if you are trying to convince people that issues in your past are not relevant to the fact that you are an ethical and knowledgeable
business person, in my opinion, I don't think the above post quite gets you there.
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UnoMas
Nomad
Posts: 328
Registered: 2-8-2008
Location: East Cape
Member Is Offline
Mood: Great
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Hey Whimpy, that last post really say's it all!!!  Your big guns attorney
hasn't taught you when to shut up
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BMG
Super Nomad
Posts: 1776
Registered: 6-10-2007
Location: La Paz / Bahia Asunci�n / Away from home
Member Is Offline
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Sounds to me like we need a fence along the northern border.
I think the world is run by C- students.
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Bronco
Nomad
Posts: 168
Registered: 12-1-2007
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Mark Geragos not "the" Mark Geragos
Holy Tamale, Geragos, the "attorney to the stars". John and Ken on KFI love MG, he is their favorite goat. His win/loss record is not to be envied and
his clients are really a list of characters. Trust me
and "Google" this guy if you want some good, cheap entertainment. He was fired, by Michael Jackson alleged child molester, I think? Imagine rubbing
shoulders with a Bajaite.
Speaking of entertaining this forum made me put down a Koontz.
Go Winfred, Go Fulano, Im going for a bloody mary
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shari
Select Nomad
Posts: 13048
Registered: 3-10-2006
Location: bahia asuncion, baja sur
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Mood: there is no reality except the one contained within us "Herman Hesse"
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Oh My Canadian God!!!! This was a facinating read...debate...law lesson...but good gracious me winthy, I don't have a problem with you defending
yourself but just STOP it already with the Canadian bashing....boy..talk about HATE mongering. I don't give a pinch of canadian coon crap who you are
or what you have done or how much money you have...shut the **** up about canadians por favor....gosh, it's only 9:30 and your racist hate rant has me
wanting a double bloody mary just to bring my bllod pressure down!  I think
anyone of any race thinking about buying a lot from you should read your rant and think carefully about doing business with you.
[Edited on 5-30-2008 by Hose A]
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fulano
Banned
Posts: 496
Registered: 3-31-2008
Location: Ramona, CA
Member Is Offline
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| Quote: | Originally posted by winthy
Never had any license revoked. You lie.
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Briant Charles Patterson
CRD#1796608
Reporting source: Regulator
Regulatory Action Initiated: California Department of Corporations
Principal Sanctions/Relief Sought: Revocation
Date Initiated: 08/05/1994
Current status: Final
The only reason the SEC didn't revoke your license again in 1999 was that you had no license, it having been previously revoked in 1994.
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Don Alley
Super Nomad
Posts: 1997
Registered: 12-4-2003
Location: Loreto
Member Is Offline
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| Quote: | Originally posted by BMG
Sounds to me like we need a fence along the northern border.
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Blame Canada!
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BMG
Super Nomad
Posts: 1776
Registered: 6-10-2007
Location: La Paz / Bahia Asunci�n / Away from home
Member Is Offline
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| Quote: | Originally posted by shari
Oh My Canadian God!!!! This was a facinating read...debate...law lesson...but good gracious me winthy, I don't have a problem with you defending
yourself but just STOP it already with the Canadian bashing....boy..talk about HATE mongering. I don't give a pinch of canadian coon crap who you are
or what you have done or how much money you have...shut the **** up about canadians por favor....gosh, it's only 9:30 and your racist hate rant has me
wanting a double bloody mary just to bring my bllod pressure down! I think
anyone of any race thinking about buying a lot from you should read your rant and think carefully about doing business with you.
[Edited on 5-30-2008 by Hose A] |
Shari,
What Canadian bashing?
"I and everyone else, know how you canadians are."
"sad canadian ******* life in your crappy , cold, boring, hating,wish I was an American,lonely lifetime."
"stop saying eehh"
"start tipping Mexican waiters"
"quit arguing over the price of things in mex"
"learn to love the US...we are what keep you viable."
"canadians get called a lot of things in mex...none of them are suitable to repeat in front of decent company"
"or canadians...who probably wouldn't pay the loan back anyway"
"I couldn't go to bed without telling you how worthless you canucks are"
"if it wasn't for the US, you would have a hammer and sickle over that stupid red maple leaf that you sew to backpacks"
"Mexicans tolerate you because that is how they are" but "They hate you because of how cheap you are and how you act like you are superior to them"
"you are pasty skinned, pieces of crap"
"Most of the canucks I have met spend their time trying to figure out a ways to swindle others"
"We as Americans, don't want you taking up space in our desert trailer parks in Hemet or Yuma during the winter"
"It must just be an ingrained way of thinking for your dirty, inferior feeling lives."
"In southern Baja you are known as c-ckroaches."
"You make good areas crap."
"Mexicans hate you"
"You people are worthless to me."
"No one wants to be near you because you drag the neighborhood down."
"Being as "thrifty" as you are...the neighborhood goes to crap."
"You suck off of the good graces of others, pollute the area and bring values down."
"have your countrymen done anything important?"
I think the world is run by C- students.
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