No, that is not the definition of fraud. That is the definition of mistake.
If it was a mistake then usagi needs to refund everyone. If he didn't then it's fraud.
You know what Martha Steward went to jail for? Exactly for this, making a false statement.
No, you need to get your facts straight. You wrote:
Exhibit
Quote from: usagi on September 27, 2012, 04:24:25 PM
The spreadsheet uses a formula which uses the average of the 24h and 5 day averages* Not a scam.
*=max(fetchTicker(concatenate(A13), "t5davg"), fetchTicker(concatenate(A13), "t24havg"))/100000000
The above formula isn't average, it returns the largest of two averages.
What you fail to have mentioned is that the marked passage (marked with a star) is a
quote from the actual spreadsheet. Your complaint amounts to that I made a mistake in responding to a scam accusation -- regarding actually falsifying NAVs -- and not that I DID falsify NAVs or misrepresent how I valued issues on the spreadsheet! You and others have clearly announced that this has become a witch-hunt to find something to label me with a scammer tag, and that you have no actual evidence that I deserve one. Deprived has said 'I believe you deserve one anyways...' recently in this thread. Puppet and guruvan have flat out admitted they do not have evidence (I can provide a link). Deeplink repeatedly ignores questions to provide supporting evidence. Cunicula and Ian Bakewell are self-admitted trolls or just cheering trolls. Greyhawk is a troll who has had posts deleted from this forum specifically for trolling me. And so on. Do yourself a favor. Make an OP, clearly outlining what it is you feel I did to deserve a scammer tag, and in that same post provide the evidence you have. If you cannot do this, stop. Now, as you have made an exhibit in post #2 and I cannot remember if I responded to it, I'll respond to it now.
My response is that you seem to have recognized there is no validity in "Usagi: falsifying NAVs, ..." and have instead decided to blow a simple mistake in wording way out of proportion. At no time was there ever an intent to deceive because the actual formula was shown in immediately readable form on the spreadsheet. So no, I am not guilty of fraud. It is obvious that the mistake I made does not constitute fraud; there is and was simply too many other statements by myself on the matter, and further, this is the scam accusation forum, I was not trying to advertise my business or advertise to any investor, I was merely responding to a scam accusation. So you will have absolutely no luck accusing me of fraud here.
Do you realize your mistake now? I did not falsify NAVs. Please stop your obvious smear campaign. If I actually falsified NAVs then state that i did so and show where I did so -- Quoting the spreadsheet where I show and explain the actual formula on the spreadsheet used to value NAVs is not proof I misled anyone. It's actually proof I was doing my best to disclose how I valued issues to investors. You are actually showing the exact opposite of what you are claiming by quoting that formula.
You also seem to be ignoring the very great amount of evidence that the intent was to provide added value through analysis. And I am not talking about the NUMEROUS times I stated that, I'm just talking about what I actually did -- which you should become familiar with first before making serious allegations against me or my companies. I conducted interviews with GigaVPS (GIGAMINING), Garr255 (COGNITIVE) friedcat (ASICMINER, MOORE), Juan (BTC-MINING) and more. My mandate was clear and that you are trying to ignore all of that makes me think you are being deceitful in accusing me of misrepresenting NAV because of a mistake in wording I made when responding to a scammer accusation.
You also seem to ignore the fact that there were two clearly labled valuation columns. One containing the values using the formula described above, and one containing an analysis value -- which is the actual complaint. I was going WAY over what was required to disclose price to investors.
You also seem to be ignoring the shareholder motions I made to see what shareholders wanted in terms of valuation on the spreadsheets. All of this material evidence you have ignored undermines your credibility in this case as it's become clear you have no idea what you are talking about, and are an incredibly biased individual who is incapable of presenting a clear and concise accusation nor any supporting evidence that cannot immediately be shot down by posting facts about what I actually said and did about my company. Please just stop being a jerk.