<?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
		>
<channel>
	<title>Comments on: Mishka Zena Threatened With Lawsuits</title>
	<atom:link href="http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/</link>
	<description>Just another WordPress weblog</description>
	<lastBuildDate>Thu, 11 Feb 2010 13:59:03 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.9.1</generator>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
		<item>
		<title>By: David Thornton</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7387</link>
		<dc:creator>David Thornton</dc:creator>
		<pubDate>Fri, 05 Sep 2008 00:49:20 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7387</guid>
		<description>Canadian, Witold Popiel recruiting in Canadian Diamond Traders international fraudulent pyramid scheme was arrested in and jailed on a recent trip to Poland.

David Thornton
President
CrimeBustersNow.com</description>
		<content:encoded><![CDATA[<p>Canadian, Witold Popiel recruiting in Canadian Diamond Traders international fraudulent pyramid scheme was arrested in and jailed on a recent trip to Poland.</p>
<p>David Thornton<br />
President<br />
CrimeBustersNow.com</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: David Thornton</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7386</link>
		<dc:creator>David Thornton</dc:creator>
		<pubDate>Sun, 27 Apr 2008 23:30:33 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7386</guid>
		<description>Hi, dave here again. Many of you know that an attempt was made by Treasure Traders International and Business In Motion to sue me for $10,000,000 and obtain an interim injunction to shut down my website, and to stop &quot;bad mouthing&quot; them. As an interesting side note TTI also attempted to sue CDT for stealing their illegal pyramid scheme: “Tthe cattle calling the pot black:” The crooks suing the crooks wasting court  time.

Anyway, TTI and BIM &quot;got burned&quot; when, (without counsel) I proved they were indeed pyramid fraud schemes. Contrary to the opinions of a few lawyers I consulted it was proven to be OK to call these characters &quot;white-collar, money-laundering, crooks, liars, and racketeering thieves&quot; providing I could prove it. And I did!!! I was also advised erroneously, that a list of 18 thousand names, clandestinely given to me by an insider at the company would have to be returned, because it was their private information, under the privacy laws and I would be barred from using it or calling anyone on the list which was another condition TTI was seeking in their interim injunction: Didn&#039;t happen!!!

I simply argued that the courts cannot be seen, even in the slightest way, to be assisting criminals. The Judge agreed, stating the court cannot become an unwitting accomplice.

That 18 page decision is on the front plates of www.crimebustersnow.com and should be downloaded, read, and past on to all bloggers or individuals fighting these pyramid frauds and other crimes and schemes. The judge took into consideration and condoned my “loud “in the street protesting” In his written decision he wrote ….

[4] there is no other evidence in the material filed before the court to explain the manner in which their business actually operates, or to permit those businesses to be distinguished from the “pyramid sales” schemes against which the respondent Thornton campaign so vigorously, and the operation of which in Canada is contrary to both the Competition Act and the Criminal Code.

The judge wrote at [11] … Thornton freely acknowledges that he campaigns publicly against those who would cause economic and emotional damage to ordinary Canadians by enticing them into pyramid sales schemes.

At [24] Thornton may have caused irreparable harm to the TTI and BIM businesses.  Indeed it is admitted by the responded that that is exactly the result his actions were intended to have. ….. Thornton himself effectively acknowledged that he hopes he has caused them irreparable harm.  There is no doubt that his intent was to provide warnings to the public regardless of the harm that it might cause to the plaintiffs, or indeed others who might be engaged in similar schemes - [CDT]

At [25]  The reason is simple.  It seems obvious to me that our courts would not exercised their equitable jurisdiction to grant the extraordinary remedy of an injunction to prevent alleged “irreparable harm” to be suffered by an illegal business.

And last, at [41] By corollary, it will be open to the plaintiffs to bring another injunction application before trial, but only in the event that they are prepared to adduce probable evidence at such time that would call into doubt the prima facie case of illegality the respondent Thornton has successfully made out.

Now readers, that is the simple logic to deal with these fraudsters that come into your communities like “wolves in sheep&#039;s clothing“ defrauding the financially unsophisticated, the unwitting, and the financially desperate.

As you may know, we have and ongoing battle with Jay Waterman of Canadian Diamond Traders who is scamming the deaf community and of course others worldwide, even the native bushman with no Internet on the small tiny Island Nation of Vanuatu, a tiny island in the middle of the South Pacific. That is abominable!

You may also know, Jay Waterman, after threatening to sue, instead has chosen to attack me personally, and our organization, because he fears suing me after what I did to TTI &amp; BIM’s illegal gemstone pyramid fraud. He has attacked with the most vicious lies and innuendo posted on the official CDT Website. He has edited a tape recorded conversation we had, and fabricated false evidence, and events that never happened.

I was not a victim of CDT’s diamond fraud. But I took them on because of what I witnessed Jay Waterman reprehensibly and abhorrently inflicting upon not only the vulnerable deaf community, but as well, other vulnerable groups and individuals world-wide.

Canadian Diamond Traders’ head office is only a few miles from where I live in Ontario Canada. We are trying desperately to shut them down on your behalf, but we need your support. Please will you assist us?

dave President – CrimeBustersNow www.crimebustersnow.com 905-963-3389 24/7. we return calls toll free anywhere in North America and 22 countries worldwide.</description>
		<content:encoded><![CDATA[<p>Hi, dave here again. Many of you know that an attempt was made by Treasure Traders International and Business In Motion to sue me for $10,000,000 and obtain an interim injunction to shut down my website, and to stop &#8220;bad mouthing&#8221; them. As an interesting side note TTI also attempted to sue CDT for stealing their illegal pyramid scheme: “Tthe cattle calling the pot black:” The crooks suing the crooks wasting court  time.</p>
<p>Anyway, TTI and BIM &#8220;got burned&#8221; when, (without counsel) I proved they were indeed pyramid fraud schemes. Contrary to the opinions of a few lawyers I consulted it was proven to be OK to call these characters &#8220;white-collar, money-laundering, crooks, liars, and racketeering thieves&#8221; providing I could prove it. And I did!!! I was also advised erroneously, that a list of 18 thousand names, clandestinely given to me by an insider at the company would have to be returned, because it was their private information, under the privacy laws and I would be barred from using it or calling anyone on the list which was another condition TTI was seeking in their interim injunction: Didn&#8217;t happen!!!</p>
<p>I simply argued that the courts cannot be seen, even in the slightest way, to be assisting criminals. The Judge agreed, stating the court cannot become an unwitting accomplice.</p>
<p>That 18 page decision is on the front plates of <a href="http://www.crimebustersnow.com" rel="nofollow">http://www.crimebustersnow.com</a> and should be downloaded, read, and past on to all bloggers or individuals fighting these pyramid frauds and other crimes and schemes. The judge took into consideration and condoned my “loud “in the street protesting” In his written decision he wrote ….</p>
<p>[4] there is no other evidence in the material filed before the court to explain the manner in which their business actually operates, or to permit those businesses to be distinguished from the “pyramid sales” schemes against which the respondent Thornton campaign so vigorously, and the operation of which in Canada is contrary to both the Competition Act and the Criminal Code.</p>
<p>The judge wrote at [11] … Thornton freely acknowledges that he campaigns publicly against those who would cause economic and emotional damage to ordinary Canadians by enticing them into pyramid sales schemes.</p>
<p>At [24] Thornton may have caused irreparable harm to the TTI and BIM businesses.  Indeed it is admitted by the responded that that is exactly the result his actions were intended to have. ….. Thornton himself effectively acknowledged that he hopes he has caused them irreparable harm.  There is no doubt that his intent was to provide warnings to the public regardless of the harm that it might cause to the plaintiffs, or indeed others who might be engaged in similar schemes &#8211; [CDT]</p>
<p>At [25]  The reason is simple.  It seems obvious to me that our courts would not exercised their equitable jurisdiction to grant the extraordinary remedy of an injunction to prevent alleged “irreparable harm” to be suffered by an illegal business.</p>
<p>And last, at [41] By corollary, it will be open to the plaintiffs to bring another injunction application before trial, but only in the event that they are prepared to adduce probable evidence at such time that would call into doubt the prima facie case of illegality the respondent Thornton has successfully made out.</p>
<p>Now readers, that is the simple logic to deal with these fraudsters that come into your communities like “wolves in sheep&#8217;s clothing“ defrauding the financially unsophisticated, the unwitting, and the financially desperate.</p>
<p>As you may know, we have and ongoing battle with Jay Waterman of Canadian Diamond Traders who is scamming the deaf community and of course others worldwide, even the native bushman with no Internet on the small tiny Island Nation of Vanuatu, a tiny island in the middle of the South Pacific. That is abominable!</p>
<p>You may also know, Jay Waterman, after threatening to sue, instead has chosen to attack me personally, and our organization, because he fears suing me after what I did to TTI &amp; BIM’s illegal gemstone pyramid fraud. He has attacked with the most vicious lies and innuendo posted on the official CDT Website. He has edited a tape recorded conversation we had, and fabricated false evidence, and events that never happened.</p>
<p>I was not a victim of CDT’s diamond fraud. But I took them on because of what I witnessed Jay Waterman reprehensibly and abhorrently inflicting upon not only the vulnerable deaf community, but as well, other vulnerable groups and individuals world-wide.</p>
<p>Canadian Diamond Traders’ head office is only a few miles from where I live in Ontario Canada. We are trying desperately to shut them down on your behalf, but we need your support. Please will you assist us?</p>
<p>dave President – CrimeBustersNow <a href="http://www.crimebustersnow.com" rel="nofollow">http://www.crimebustersnow.com</a> 905-963-3389 24/7. we return calls toll free anywhere in North America and 22 countries worldwide.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: I am Kathleen too</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7384</link>
		<dc:creator>I am Kathleen too</dc:creator>
		<pubDate>Tue, 22 Apr 2008 18:52:25 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7384</guid>
		<description>A judge has now QUASHED the subpeona against Kathleen and challenged the lawyer in question to make a case for why he should not be sanctioned for it:

http://neurodiversity.com/weblog/article/152

In other words: responsible, ethical bloggers who are attacked by intimidation tactics for having an opinion CAN fight back.

And: Not all subpeonas are issued on good faith.</description>
		<content:encoded><![CDATA[<p>A judge has now QUASHED the subpeona against Kathleen and challenged the lawyer in question to make a case for why he should not be sanctioned for it:</p>
<p><a href="http://neurodiversity.com/weblog/article/152" rel="nofollow">http://neurodiversity.com/weblog/article/152</a></p>
<p>In other words: responsible, ethical bloggers who are attacked by intimidation tactics for having an opinion CAN fight back.</p>
<p>And: Not all subpeonas are issued on good faith.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Raphael J. St. Johns</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7385</link>
		<dc:creator>Raphael J. St. Johns</dc:creator>
		<pubDate>Fri, 18 Apr 2008 15:14:43 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7385</guid>
		<description>To #35:

So sorry about the time lapsed.  I have been very ill lately.

To your questions:

My understanding is that in order for a subpoena to be issue it must meet curtain legal criteria(S). It varies from state to state what they are. The person who receives a subpoena can always asks for a hearing to have that subpoena &quot;squash&quot;, e.g. stop.  Usually, they have to go before a judge (usually the same judge who issued the subpoena) and explain why it should not be honored.

So my point was that if they have served Kathleen with subpoenas, then it had to be agreed (and signed) by a judge.


Raphael.</description>
		<content:encoded><![CDATA[<p>To #35:</p>
<p>So sorry about the time lapsed.  I have been very ill lately.</p>
<p>To your questions:</p>
<p>My understanding is that in order for a subpoena to be issue it must meet curtain legal criteria(S). It varies from state to state what they are. The person who receives a subpoena can always asks for a hearing to have that subpoena &#8220;squash&#8221;, e.g. stop.  Usually, they have to go before a judge (usually the same judge who issued the subpoena) and explain why it should not be honored.</p>
<p>So my point was that if they have served Kathleen with subpoenas, then it had to be agreed (and signed) by a judge.</p>
<p>Raphael.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Jean Boutcher</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7382</link>
		<dc:creator>Jean Boutcher</dc:creator>
		<pubDate>Sun, 13 Apr 2008 23:22:24 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7382</guid>
		<description>Elizabeth,

I agree with you in this regard. It is of utmost importance that a blogger, or a reporter for that matter,  should be careful.

I remember several reporters being in hot water in 2003. Under the interrogation, NYTimes&#039;s Pultizer Prize winner Judith Miller kept saying that she did not remember the name of a person who leaked the name of a CIA undercover operative Valerie Plame whilst interviewing Libby and Rove, but one of her notes showed &quot;Flame&quot; for &quot;Plame.&quot; Plame was mentioned by a syndicated columnist Robert Novak.  NY Times&#039;s editor, Raines, was in hot water, too, for publishing Miller&#039;s articles. NYT could not fire her because she was a permanent NYT writer because of her membership in the union (she was in jail).  However, under the pressure of the NYT staff, she resigned. (N.B.: Freelancers and contracted writers can be fired on the spot.)

NYTimes&#039;s other reporter Jayson Blair was in hot water, too, for plagiarising, lying, and  fabricating in NYTimes. Under the pressure, he resigned.

That is why we rarely see anyone sue any careful writer of a respected national newspaper like NY Times, LA Times, WaPo.  Following the recent quarrels between Hillary Clinton and Barack Obama and the examples of the scandal of Judith Miller and Jayson Blair, a professor of Georgetown University gave a lecture about the ethics of journalism and lecturing at the library across the street. He said that, ethically, a journalist is not allowed to slander, deceive, humiliate, insult, defame, lie, fabricate and pointed out that &quot;deceiving is equated to stealing&quot; and that &quot;insulting is analogous to killing.&quot; He furthered that when a person is insulted, he/she blanches. It is the culprit that has drawn blood from his victim&#039;s face.</description>
		<content:encoded><![CDATA[<p>Elizabeth,</p>
<p>I agree with you in this regard. It is of utmost importance that a blogger, or a reporter for that matter,  should be careful.</p>
<p>I remember several reporters being in hot water in 2003. Under the interrogation, NYTimes&#8217;s Pultizer Prize winner Judith Miller kept saying that she did not remember the name of a person who leaked the name of a CIA undercover operative Valerie Plame whilst interviewing Libby and Rove, but one of her notes showed &#8220;Flame&#8221; for &#8220;Plame.&#8221; Plame was mentioned by a syndicated columnist Robert Novak.  NY Times&#8217;s editor, Raines, was in hot water, too, for publishing Miller&#8217;s articles. NYT could not fire her because she was a permanent NYT writer because of her membership in the union (she was in jail).  However, under the pressure of the NYT staff, she resigned. (N.B.: Freelancers and contracted writers can be fired on the spot.)</p>
<p>NYTimes&#8217;s other reporter Jayson Blair was in hot water, too, for plagiarising, lying, and  fabricating in NYTimes. Under the pressure, he resigned.</p>
<p>That is why we rarely see anyone sue any careful writer of a respected national newspaper like NY Times, LA Times, WaPo.  Following the recent quarrels between Hillary Clinton and Barack Obama and the examples of the scandal of Judith Miller and Jayson Blair, a professor of Georgetown University gave a lecture about the ethics of journalism and lecturing at the library across the street. He said that, ethically, a journalist is not allowed to slander, deceive, humiliate, insult, defame, lie, fabricate and pointed out that &#8220;deceiving is equated to stealing&#8221; and that &#8220;insulting is analogous to killing.&#8221; He furthered that when a person is insulted, he/she blanches. It is the culprit that has drawn blood from his victim&#8217;s face.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Mishka Zena</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7381</link>
		<dc:creator>Mishka Zena</dc:creator>
		<pubDate>Sun, 13 Apr 2008 17:39:49 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7381</guid>
		<description>Thanks. Really I am doing fine. I didn&#039;t get intimidated by threats. Instead cowed into silence by the threats, I became more determined. There has been no new threats for almost one year and my blog is still doing well.

The importance is to report facts accurately as much as possible. People need to stay strong.</description>
		<content:encoded><![CDATA[<p>Thanks. Really I am doing fine. I didn&#8217;t get intimidated by threats. Instead cowed into silence by the threats, I became more determined. There has been no new threats for almost one year and my blog is still doing well.</p>
<p>The importance is to report facts accurately as much as possible. People need to stay strong.</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Shawn</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7383</link>
		<dc:creator>Shawn</dc:creator>
		<pubDate>Sun, 13 Apr 2008 14:35:11 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7383</guid>
		<description>Hey MZ???

Do not give up your blog. Please do go see my video link:
http://www.deafvideo.tv/video/watch/8301/

I feel anyone who tried to scare and threaten you, possibly wanting you out of your blog!?? Oh well, just keep on going blog!


Thank you, Shawn</description>
		<content:encoded><![CDATA[<p>Hey MZ???</p>
<p>Do not give up your blog. Please do go see my video link:<br />
<a href="http://www.deafvideo.tv/video/watch/8301/" rel="nofollow">http://www.deafvideo.tv/video/watch/8301/</a></p>
<p>I feel anyone who tried to scare and threaten you, possibly wanting you out of your blog!?? Oh well, just keep on going blog!</p>
<p>Thank you, Shawn</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Katrina</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7365</link>
		<dc:creator>Katrina</dc:creator>
		<pubDate>Sun, 13 Apr 2008 03:48:41 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7365</guid>
		<description>Hi ya,

Can&#039;t believe when I read this! (Sigh with deep breath.) I am not going to say any further except for few words to number 10 &quot;Deaf Mom&quot;.

Deaf Mom: Be patient and when time is right, it will happen!

Cheers,
Katrina</description>
		<content:encoded><![CDATA[<p>Hi ya,</p>
<p>Can&#8217;t believe when I read this! (Sigh with deep breath.) I am not going to say any further except for few words to number 10 &#8220;Deaf Mom&#8221;.</p>
<p>Deaf Mom: Be patient and when time is right, it will happen!</p>
<p>Cheers,<br />
Katrina</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: deafk</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7356</link>
		<dc:creator>deafk</dc:creator>
		<pubDate>Sat, 12 Apr 2008 18:12:45 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7356</guid>
		<description>Hi,

I am Kathleen.  Oh, it is my real name, but I could be the next Kathleen...

We need to be cautious, should it happen to us.  I always chose the words that consider neutralized for anyone that comes to read the messages.  Still, I could be accused for one issue or any statements.   Again, we are dealing the public ourselves.  We must remember this in our mind regardlessly!

deafk</description>
		<content:encoded><![CDATA[<p>Hi,</p>
<p>I am Kathleen.  Oh, it is my real name, but I could be the next Kathleen&#8230;</p>
<p>We need to be cautious, should it happen to us.  I always chose the words that consider neutralized for anyone that comes to read the messages.  Still, I could be accused for one issue or any statements.   Again, we are dealing the public ourselves.  We must remember this in our mind regardlessly!</p>
<p>deafk</p>
]]></content:encoded>
	</item>
	<item>
		<title>By: Rob</title>
		<link>http://www.mishkazena.com/2008/04/11/mishka-zena-threatened-with-lawsuits/comment-page-1/#comment-7355</link>
		<dc:creator>Rob</dc:creator>
		<pubDate>Sat, 12 Apr 2008 17:17:14 +0000</pubDate>
		<guid isPermaLink="false">http://blog.deafread.com/mishkazena/2008/04/11/mishka-zena-threatened-with-lawsuits/#comment-7355</guid>
		<description>Yes, Karen, it&#039;s true. There have been some bloggers/posters who goes about making false or malicious statements, slanders, factual errors, or even outright accusations with no basis for proof or evidence and get slammed by other bloggers or posters.

Adding that, you should know there are worst sort of people out there who are in the position of power, considerable wealth or using the power of the law who might decide that a blogger like Kathleen, Mishka and others should be silenced for speaking out. Case in point, for example (noted in recent news) - the government of China warned to the world&#039;s media there&#039;s zero tolerance for anyone who&#039;s criticizing China&#039;s government policies and human right abuses.</description>
		<content:encoded><![CDATA[<p>Yes, Karen, it&#8217;s true. There have been some bloggers/posters who goes about making false or malicious statements, slanders, factual errors, or even outright accusations with no basis for proof or evidence and get slammed by other bloggers or posters.</p>
<p>Adding that, you should know there are worst sort of people out there who are in the position of power, considerable wealth or using the power of the law who might decide that a blogger like Kathleen, Mishka and others should be silenced for speaking out. Case in point, for example (noted in recent news) &#8211; the government of China warned to the world&#8217;s media there&#8217;s zero tolerance for anyone who&#8217;s criticizing China&#8217;s government policies and human right abuses.</p>
]]></content:encoded>
	</item>
</channel>
</rss>
