Big Mike 

I would also speculate that once he saw FIO highlighted this story in our newsletter, he knew he was done for. Sent using the NexusFi mobile app

What newsletter? How do you access this?

Big Mike 

I would also speculate that once he saw FIO highlighted this story in our newsletter, he knew he was done for. At this point, other vendors would change their business name and start again. Hopefully not the case here, meaning hopefully he is caught by the authorities.

jeliner 

What newsletter? How do you access this?

It's not exactly a "newsletter" in the usual sense. Mike refers to a mass email that he sent out to the membership, which included an image of the lawyer's letter and a link to the thread, with this note:

-----------------

Editors note: This vendor (Day Trading Coach) has now threatened legal action against a futures io member. You can find the full PDF document attached in the thread, along with the latest information.

Our community will always be a safe haven for traders to openly share and discuss their experiences, so long as they follow our site policies. Sharing your experience or stating your opinions is not defamation, and I am tired of vendors who use legal tactics to try and silence or remove negative information about them.
-- Big Mike

------------------

It went out November 17. Check your email, you should have received it. It was titled "NOTICE OF INTENT TO SUE (vendor discussion)."

It had to have made an impact.

Bob.

jeliner 

I burned it all to CD and mailed it to the SEC and two friends I trust...

It's futures not securities so should probably be the CFTC not the SEC. It also appears to be outright fraud rather than violation of securities laws so maybe even the Police or FBI and not the CFTC.

Day Trading Coach - Update

All,

Yesterday afternoon I sent a package out to various bodies/authorities regarding alleged fraud of Day Trading Coach, Coach Jovan (A.K.A Fernando Honorate Fagundes) and potentially others.

We have to remember that everybody mentioned in this thread, by name or alleged associated position within Day Trading Coach are innocent until proven otherwise. I am assuming that the necessary bodies will continue the investigation from hereon in and determine that accordingly.

Other than that, I will not make any further additions to this thread unless they are not related to this case.

EDIT: It appears that either the Day Trading Coach website is down or they have banned my IP address. Not that there was really much on the website anyway, other than some of the videos which I used - it really held little value.

Regardless, it appears I have been stopped from looking at it anyway. If it is just me, this is very coincidental because to do that I assume they just blocked IPs originating from Montreal. If they did and everybody else can see it, it certainly appears somebody is talking to somebody else - and my package only went out yesterday afternoon....

JonnyBoy 

Day Trading Coach - Update EDIT: It appears that either the Day Trading Coach website is down or they have banned my IP address. Not that there was really much on the website anyway, other than some of the videos which I used - it really held little value. Regardless, it appears I have been stopped from looking at it anyway. If it is just me, this is very coincidental because to do that I assume they just blocked IPs originating from Montreal. If they did and everybody else can see it, it certainly appears somebody is talking to somebody else - and my package only went out yesterday afternoon....

Works for me. Well maybe now they know I am not you, because my area of the world is still functional, except of course for my indicators which Jovan turned off a year ago

phantomtrader 

They're still obliged to prove without a doubt that JonnyBoy is you. There's a privacy policy in place on this forum and others. Big Mike can't just release your real name or anyone else's. If this ever went to court, which I doubt, you could just represent yourself and demand hard evidence that JonnyBoy is actually you. If you're not JonnyBoy, they won't produce that evidence. From a legal website: Defamation laws protect the reputations of individuals and other entities (such as businesses) from untrue and damaging statements. At the same time, the courts must protect freedom of speech for United States citizens. Libelous statements refer to words that can be seen (typically written and published), while slander occurs when a defamatory statement is spoken or otherwise audible (such as a radio broadcast). These cases often involve public figures or public officials and false statements made about them, but everyone's first amendment rights to free speech must still be protected. To prove either type of a defamation lawsuit, plaintiffs must prove the following elements: The defendant made a false and defamatory statement concerning the plaintiff; The defendant made the defamatory statement to a third party knowing it was false (or they should have known it was false); and The publisher acted at least negligently in publishing the communication. Note: In some cases, the plaintiff must prove special damages. The lawyer's tactic is to shut you up. You're not obliged top shut up about anything unless you're intentionally attempting defamation of character. You are entitled to your opinion about their service. If it's a lousy service, you're entitled to say so. But if you're not JonnyBoy, you have nothing to worry about. Either they prove it or they don't. Case dismissed.

Nice post; but I just wanted to chime in--even though this situation is wrapping up--for those that may come across this thread in the future.

I'm no lawyer, and the following are my general opinions. Court rules may vary by State.

If I were sued by mistake, I would first move to dismiss. Filing a responsive pleading first could be a big error.

The motion would included the logical stuff (from the website) and my sworn affidavit with the necessary assertions.

I would also try to capitalize on anti SLAPP laws, frivolous law suit sanctions, and court costs/attorney fees.

userque 

Nice post; but I just wanted to chime in--even though this situation is wrapping up--for those that may come across this thread in the future. I'm no lawyer, and the following are my general opinions. Court rules may vary by State. If I were sued by mistake, I would first move to dismiss. Filing a responsive pleading first could be a big error. The motion would included the logical stuff (from the website) and my sworn affidavit with the necessary assertions. I would also try to capitalize on anti SLAPP laws, frivolous law suit sanctions, and court costs/attorney fees.

Humm here is an interesting thought. The business, plaintiff, law firm, and lawyer are all from Canada - I am from the US. If I were to be sued by from a foreign government, would have I have to appear in court there or where I live. By which laws of which jurisdiction would I be subjected to, the United States or Canada?

jeliner 

Humm here is an interesting thought. The business, plaintiff, law firm, and lawyer are all from Canada - I am from the US. If I were to be sued by from a foreign government, would have I have to appear in court there or where I live. By which laws of which jurisdiction would I be subjected to, the United States or Canada?

Yes. Interesting.

Did a quick search.

In my opinions, if I were were sued by 'that' firm for libel: I could either remove the case to a Federal Court and deal with it as I described previously; or ignore it, and any adverse judgment by a Canadian tribunal as being unenforceable in the U.S.

I believe this is so since, imo, U.S. libel laws are more beneficial to the defendant than they are in Canada--thereby invoking the provisions of the SPEECH Act of 2010.

https://kellywarnerlaw.com/united-states-defamation-law-faq

https://en.wikipedia.org/wiki/SPEECH_Act

Dealing with Foreign Legal Threats | Digital Media Law Project

jeliner 

Humm here is an interesting thought. The business, plaintiff, law firm, and lawyer are all from Canada - I am from the US. If I were to be sued by from a foreign government, would have I have to appear in court there or where I live. By which laws of which jurisdiction would I be subjected to, the United States or Canada?

I will provide another scenario: I was driving thru US from Canada in a car with a friend. He got pulled over for speeding and got a ticket, which said to appear in their local court with a future date.

Will you really think he will drive back to US just to get himself in trouble by going into their court? No. But if he does get pulled over again in that same state in future, he will for sure be in trouble for not appearing in the first court date.

In your (this thread) situation, if the crime is too big, the local government might request a foreign government to extradite a criminal to proceed with their local charges.

I am pretty sure this will not happen to my friend's speeding ticket charge because it's not that big. Other problems / allegations described in this thread are far bigger than that.

P.S. I know my topic is not relevant to this thread and the topic, but I just wanted to say about the car pulled over situation because it's a smaller version of 'trouble created by outsiders in other country' thing.

Sent using the NexusFi mobile app

lightsun47 

I will provide another scenario: I was driving thru US from Canada in a car with a friend. He got pulled over for speeding and got a ticket, which said to appear in their local court with a future date. Will you really think he will drive back to US just to get himself in trouble by going into their court? No. But if he does get pulled over again in that same state in future, he will for sure be in trouble for not appearing in the first court date. In your (this thread) situation, if the crime is too big, the local government might request a foreign government to extradite a criminal to proceed with their local charges. I am pretty sure this will not happen to my friend's speeding ticket charge because it's not that big. Other problems / allegations described in this thread are far bigger than that. P.S. I know my topic is not relevant to this thread and the topic, but I just wanted to say about the car pulled over situation because it's a smaller version of 'trouble created by outsiders in other country' thing. Sent using the NexusFi mobile app

Good points.

(I was too lazy to get into the letting it go to a default judgment, and then wanting to visit that foreign country in the future thing, so I left a link that spoke to the dangers of ignoring a foreign action.)

I'm sure you know the following, but I do want to piggy-back on your example and note that defamation appears to be in a category by itself, due to the chilling effect it can have on free speech. And,

an offense 'committed' in a foreign country is likely much different than a foreign allegation 'committed' while you are in your own country.