Thanks for securing the docs. bit disappointing in my view. Pretty much a whine-fest over and over, "minority share holder" only "financial backer" over and over gain, pretty clear their tactic to drill that home into the Judge's mind.
The thing is thought this is of course all after the fact. Before the picture was pretty clearly painted wall street blog, press releases words used "partner" "founder" [his own words], his linkedIN had "gaw miners" under current [cannot find or recall if it indicated a title] Homer's words my "best friend" "my partner" etc etc. All early on when it was used to rope people in. I even posted the blurb here from the email recently discovered Uncle Stu insisted he be called a partner or early founder or some shit like that.
So that is the picture that was painted to the public before it broke. Now whether after the fact suddenly Uncle Stu can throw his arms in the air and say well I had zero involvement whatsoever and was just a "minority shareholder" and only a "financial backer" seems to me to be a bit late. It may very well be true and it may very well not be provable at all that he had any control over this primary whatever it is they call it. But isn't it too late? Are not the victims of the fraud a result of him the not saying strongly enough BEFORE they were roped in that they had zero control and zero input on the direction? The wsj blogs, the press releases, the others, sure didn't make it crystal clear back then before people invested and lost everything. He can't have his cake and eat it too.
I think that might be what it all hinges on. Yes now today, there is no proof at all that he had any control whatsoever, no but before, the picture sure was painted that he was deeply involved and more than a hands off financial backer. More than likely many people trusted it all thinking that "what could go wrong" with such a prominent experienced respected businessman involved.
I will be interested to see the outcome of this aspect. Technically and legally is it correct that under that specific, we find out only today, well after the fraud has been committed that indeed he had zero control and was indeed nothing more than a financial backer therefore it must be dismissed, or because before the fact, it was painted by himself and Homero that he was much more than that, more important and what really counts in this particular case and in the charge against him by the plaintiffs [actually have to read again what it is they charge him or accuse him of in this respect].
At the same time I am wondering if this too is nothing more than a tactic. Yes, lets accuse Uncle Stu of this outlandish claim that we all know is not true or correct and is definitely not provable, in order to make him vehemently deny it, which then will force Homero to come in and try to point the finger at Uncle Stu in order to share the blame? So they are intentionally pitting him against Homero in order for Homero to spill the beans for them? Uncle Stu pleads complete ignorance, Homero enters the fray with "some" proof that Uncle Stu knew "somethings" etc. LOL. If so quite crafty.
One thing is for sure and I read them myself as I am sure many others did, its not as cut and dry as this defense makes it seem to be. Uncle Stu most certainly did not cut him 200,000 dollar check, fuck of to Cape Cod and twiddle his thumbs and "on occasion ask a for numbers" or whatever.
There are complicated discussions about shares in all of this, in GAW, in Zenminer, in Great AUK, in the town house he was renting out, all between Uncle Stu and Homero. Share swap talks, loan swap and debt between the business entities, etc. How to payback, off-set, forgive one from another. Quite complicated and quite a lot more involved than just some silent partner who wrote a check once or twice and sat back and had no further involvement. Lot of information in those emails about all of this.
So on the one hand a lot more financial involvement than the defense makes out, a lot more involvement in creating an impression he was involved in it all vs. that specific law quoted where it must be shown that he was actually in control some way or another.
Overall in my view the defense is seems rather thin. Zero idea legally the importance of harping over and over again that that definition in that specific law of "control" cannot be met because it never was, is the crux of the matter. Again need to read the overall accusation whether plaintiff's claim is that he did have control and should have known better and nothing more. Which I don't think the charge is at all. Maybe a very small part of it.
Very interesting to see how it plays out. Lying Fucker Homero, still needs to appear and we have to see what he says about it all. So they have to respond to this by the 18 October. Cannot see immediately when Homero's time is up [it it is the 28th or 9th] which ever case plaintiffs wil delay in order for Homero to say what he has to say then proceed from there. Here one has to wonder if they are in cahoots. Where Uncle Stu's lawyers have advised Homero not to say a single word about his involvement [pay off maybe? foot his legal bills?], do not implicate or fortify plaintiff's claims or else. Or if they really are completely disassociated and no longer on any terms and Homero will spill the or some beans, so that Uncle Stu shoulders some of the claimed funds, which for sure no matter what Homero's defence is, he will be liable for.
This aspect will be the drama we seek: what will Homero do?
edit: no edit - no apologies
atrocious structure going on in that wall of text.