----- Original Message -----
From: Vanessa San Souci
Sent: Wednesday, September 29, 2010 2:16 PM
Subject: [SDM/Heaven & Earth] Sean Morton status update and case dismissed
**Please note: I am an independent researcher and writer, and have no affiliation with anyone named in this article. I am trying to get this out to as many people and media as possible. Your assistance is greatly appreciated.
SEAN DAVID MORTON: CASE DISMISSED!
Again. And Again. And AGAIN!
By Vanessa San Souci
Reporting for The American’s Bulletin, Tendance Magazine and
the International World Press.
In a shining example of another victory for truth and justice over the forces of evil, lies, distortion and hate, yet one more of the legal cases against Sean David Morton has been dismissed and called “Total B.S!” by one presiding judge, and the dismissal of the utterly baseless CIVIL lawsuit filed by the New York office of the Securities and Exchange Commission is not far behind.
The dismissed case was brought by Carol Dunn in collusion with Co-conspirator Elizabeth Goldman of the New York Cardoza School of Law who had, themselves, rejected taking this absurd meritless case 3 times. This was until law school “teacher” Elizabeth Goldman apparently thought relentlessly harassing and libeling innocent people “would be a fun school project” for her aspiring young little scavenging legal eaglets, feeding them the grubby worms of frivolous and malicious lawsuits “just for practice.”
Carol Dunn heard Foreign Exchange trader Daryl Weber speak at a conference in New York at a paid private workshop. Mr. Weber mentioned the private ForEx trading club he had set up with Sean-David Morton. Afterwards Dunn approached Weber and requested an information package. In that package were numerous and voluminous, clearly stated warnings about the extreme high-risk nature of For-Ex currency trading. Among the warnings were that certain experimental intuitive “psychic” techniques were being employed, that “Past performance is no guarantee of future gains,” that this was to be considered a “Casino investment”, that FX trading should be considered only a small percentage of a more diversified stable portfolio that should include gold, silver and blue chip companies, and that, last but, but certainly not least, “if you cannot afford to walk into a casino, put your money on black, LOSE IT ALL and walk out…DO NOT DO THIS!” This should be enough warnings for any sane person, but that apparently has never applied to Carol Dunn, who, in this reporter’s opinion, seems to have a very tenuous grip on reality bordering on the clinically insane.
In October, 2006, Carol Dunn, of her own free will, who claims to have read all the caveats and warnings, decided to join the private club and as a voluntary financier placed $20,000 in an LLC which then transferred the funds to a company called FXCM, New York, to be traded on the unregulated ForEx markets. Dunn also received another letter from the LLC after she transferred the funds with all the same warnings as before, giving her one last chance to back out and get her money back, warning her AGAIN of the risks of this kind of action.
Over the long Thanksgiving weekend in November 2006, Daryl Weber blatantly ignored Sean David Morton’s direct orders and advice about what he accurately foresaw as a global meltdown of the currency markets. This was especially horrific as Sean’s predictions warned about the collapse of both the US dollar and Japanese Yen, the skyrocketing Euro. He predicted it several times on national radio programs, warning of coming massive currency market manipulations, and even in print in his award winning Delphi Associates Newsletter which went out to tens of thousands of people.
In fact, not only did Weber ignore Morton’s advice, but admitted to a number of financiers that he went on vacation over the long holiday weekend and left the accounts wide open, with no stops or puts or fail safes in place of any kind. This worldwide disaster became known as “Black Thursday” or “The Black Thanksgiving” as the Yen, over the course of the next few months, plummeted to a 46-year low and the dollar crashed to a 20 year low, and the Euro went to an all time high of $1.62. (Morton, amazingly, put the Euro as rocketing to a $1.65 months in advance.)
Weber, not only LEFT on vacation while all this was happening, but did the exact opposite of what Morton had specifically instructed him to do: He went LONG on the US dollar and the Yen (betting they would rise) and went short on the Euro (betting it would fall.) Weber told financers in the accounts that he thought Morton had “lost his mind” when he predicted the meltdowns due to his mother, father, step-father, aunt, two close personal friends and even his beloved family cat dying in less than a 6 month period, and that “as the trader on the accounts with the final say, with the data as it stood in front of me, it would have been financially irresponsible for me to have taken Sean’s advice.” Never mind that Morton, once again, as he has been so many times in his stunning career, was amazingly accurate.
Due to decisions made solely by Darryl Weber, he took losses in some of the accounts as high as 90% with literally no one at the switch to stop it from happening!
On December 7, 2006, all club members were advised of the losses, including Carol Dunn, in an email sent to the club members. Morton asked members if he should shut it all down, return remaining funds, or continue to fight and trade to see if he could mitigate the massive losses. Overwhelmingly, club members, including Dunn, with nothing really to lose, wanted them to keep trading, with promises from Weber that he would take direction and “do better next time!”
By March 2007, Dunn was not happy about how the accounts had performed, even though Weber and the Morton’s were working for free to salvage what they could from the losses. She wrote a threatening letter to Morton in which she demanded ALL of her original funds back. She threatened blackmail by resorting to public slander and liable of Mr. Morton, also to lie to whatever government agency would listen and that she “didn’t care where the money came from” or who else’s throat got cut, as long as she got her money back (meaning STEAL IT from the other club members.) At the end of this psychopathic delusional rambling she said she was somehow afraid for her life and made the absurd and baseless accusation that Morton was plotting to kill her, even though he had treated her with nothing but kindness, respect and professional courtesy.
Morton responded to her letter with grace and kindness, and let her know that he would be happy to give her back whatever was left in her account. But he refused to return funds that were lost in trading and simply were not there and that he would not cheat other members to repay her. He warned her that if she cashed out now she would sustain whatever losses the account had taken.
Not happy with this, Dunn stalked Morton and his wife Melissa and stormed one of his speaking engagements in New York. In trying to reason with a woman he found to be more and more delusional and unhinged, Morton reiterated that he would give her whatever was left of her funds, but that he would not be blackmailed into cheating other club members and that he would not unfairly and unjustly give in to Dunn’s demands. At that point she physically attacked Melissa Morton, in front of multiple witnesses, throwing her up against a wall with her hands around Melissa’s throat. She was thrown out of the conference by hotel security, kicking, screaming and foaming at the mouth.
Even after this outrageous incident, Morton held to his word and when Dunn demanded what was left in her account, it was liquidated on the day requested, and Dunn received a check for $2,147.92. Dunn promptly cashed the check forming a binding contractual agreement and a legal accord and satisfaction was reached and this whole thing should have ended there.
However, Dunn continued with her obsessive harassment, and got someone from the Cardoza School of Law in New York to take her twisted view of the world and events seriously, namely law school “professor” Elizabeth Goldman. Though even the law school, at first to their credit, rejected taking this absurd case three times, Goldman figured she would sue anyway as a “Class Project” just to cause Sean and Melissa more pain and suffering, or thinking they would win by default on a case filed in New York which had no jurisdiction whatsoever over people and companies based in other States.
At the bench trial, Judge Arlene Bluth asked:
Judge: Did your law school not reject this case three times before bringing it before this court?
Goldman: Um….yes.
Judge: So Ms. Dunn gave $20,000 to an LLC to be invested in ForEx trading?
Goldman: Yes.
Judge: And Mr. Morton, or the LLC, invested the money?
Goldman: Yes.
Judge: And you were warned of the risks of this kind of investing?
Goldman: Well…yes.
Judge: And Dunn wanted to cash out of the account and the LLC wrote her a check for what was left?
Goldman: Yes.
Judge: And Ms. Dunn CASHED the check?
Goldman: Yes! But…
Judge: Miss Goldman…you will notice Mr. Morton’s attorney is not speaking because you are making his case for him.
Goldman: Well, there were expenditures on the account that we…
Judge: I don’t care if he took all your money and snorted it up his nose. Your client was warned numerous times about the risks involved. People lose money in investments all the time. Nobody ever wrote Mr. or Mrs. Morton a check directly; it went to a legal LLC. Ms. Dunn CASHED a check, whereby an accord and satisfaction was reached, and this court has no jurisdiction whatsoever over people and companies based in California and Nevada.
Goldman: But…but….
Judge: Miss Goldman! Do not get belligerent with me to impress your…students. I understand you TEACH at a law school?
Goldman: Well, yes. At the Cardoza School of Law.
Judge: Then I suggest you don’t give up your day job and continue to TEACH, as you obviously know nothing about the actual PRACTICE of LAW. You can take this above my head, but I am telling you it will just get kicked back to me and I will dismiss it again.
With this Judge Bluth wrote “TOTAL B.S!” across the front of the complaint and tossed it back at Ms. Goldman.
The case did in fact get kicked back to Judge Bluth, where she did in fact dismiss it…AGAIN!
Meanwhile, Carol Dunn and Attorney Elizabeth Goldman have continued their campaign of lies, libel and slander on national TV and any other dubious source willing to listen to their hatred and smear, without checking ANY of the facts or even listening to the other side.
Once AGAIN, Goldman and Dunn took the case to the NEW YORK SUPREME COURT, who then kicked it back down to the lower Superior Court, where it was taken to trial on Friday JULY 18, 2010. The Morton’s were excellently represented by Attorney Sheldon Fleishman. It was here that Carol Dunn was finally called to the stand:
Attorney Sheldon Flieshman : So, did you ever write a personal check to either Mr. or Mrs. Morton?
DUNN: No.
ATTORNEY: So, you wrote a check to the LLC, and the funds were properly transferred to FXCM for ForEx trading, and you got a letter from the LLC before that transfer took place, warning you one last time this was high risk, and you had one last chance to change your mind, and that you could lose all your funds?
DUNN: Um…er…I guess..
ATTORNEY: Did you or didn’t you?
DUNN: YES!
Attorney: And when you asked for what was left in your investment account after the losses, the LLC wrote you a check for what was left of your funds, with the clear understanding that if you cashed out you would take the losses?
DUNN: Yes.
Attorney: And you cashed that check and I presumed spent the money?
DUNN: YES!
Attorney: And ALL the paperwork and letters you received from the LLC warned you that this was a very high risk investment…a “Casino Investment”…I believe it says directly, and you made the investment anyway?
DUNN: (Yelling) SEAN MORTON TOLD ME THAT HE WOULD COVER ANY LOSSES I TOOK OUT OF HIS OWN POCKET!!
Attorney: And where do you claim he said this?
DUNN: HE WROTE IT TO ME! IN AN EMAIL!!
Attorney: (Handing papers to Dunn) Is this the email where you claim he made these promises?
DUNN: YES! THAT’S IT!
Attorney: Would you mind reading it to the court, and showing us where you were guaranteed or promised, at any time, that Sean Morton would give you all your money back if you took a loss?
DUNN: (Mumbles reading. Goes on looking over the papers for some time.)
JUDGE: The Court is waiting Ms. Dunn.
DUNN: Well, um….er….(mumbles)
JUDGE: What was that?
DUNN: (Mumbling) I guess I misspoke.
Attorney: Could you speak up please?
DUNN: I WAS MISTAKEN.
Attorney: So that statement by Mr. Morton, that he would guarantee any losses you took out of his own pocket, is not there. And in fact he never said that, did he?
DUNN: I guess not….Sorry….
SO AFTER ALL THE LIABLE AND SLANDER AND COURT CASES AND HARRASSMENT, AND TV SHOWS, CAROL DUNN GOT UP ON THE STAND AND LIED! UNDER OATH! THEN GOT CAUGHT! AND IT IS THIS WOMAN’S STORY THAT THE SEC IS BASING ITS ENTIRE CASE ON, AND UPON WHICH THE TV SHOW “INSIDE EDITION” DID A SEGMENT, CHECKING NONE OF THE FACTS AND NEVER BOTHERING TO GET THE OTHER SIDE OF THE STORY!!
The judge, so as not to embarrass an attorney in front of their client (for sheer idiocy no doubt) put off dismissing the entire case right then and there, and gave them a chance for a final motion of disposition, due in a few weeks, where after that, the entire case will be dismissed.
Sean and Melissa Morton are preparing a multi-million dollar TORT CLAIM for Slander and Liable against Dunn, Elizabeth Goldman and the Cardoza School of LAW.
So far this is the third absurd, baseless lawsuit against Sean and Melissa Morton and the LLCs involved, that has been dismissed or settled. In the two other complaints, litigants signed binding SETTLEMENT AGREEMENTS in which they held Sean and Melissa Morton entirely blameless and that all funds received by them were properly transferred, and that they carried out their fiduciary responsibilities with impeccable integrity and honesty.
In fact, all financiers involved in the private ForEx Trading club received 1099 IRS tax forms, to take any losses off their taxes, and CD ROM data disks that showed all of the ForEx trades made throughout the history of the accounts, so everything was crystal clear and transparent.
UPDATES ON THE SECURITY EXCHANGE COMMISSION CIVIL COMPLAINT.
The most important point to be made here, and the biggest lie and rumor that needs to be put to rest, is that what the SEC filed was a CIVIL COMPLAINT! NOT AN INDICTMENT! THERE HAVE BEEN NO…REPEAT NO… CRIMINAL CHARGES FILED AGAINST ANYONE!
No one was ARRESTED! NO ONE WENT TO JAIL! No one was “HUNTING” anybody down!
No matter how much erroneous information was spread by sources like George Noory on COAST TO COAST AM. In fact after 18 years of being the most popular guest on that program, having MADE IT WHAT IT IS TODAY, Morton was DENIED the opportunity by George Noory, Coast to Coast AM, C2C producers Lisa Lyon and Tom Danheiser and the executives of PREMIERE BROADCASTING to go on the show and explain and defend himself. Coast To Coast and Premiere Broadcasting was offered a world-wide EXCLUSIVE to what had become a global story, for Sean to defend himself and to explain what was going on. In fact, Sean was made to look as if he was DUCKING the show, and all he was allowed was a “brief written statement” read by Noory, where Noory continued to erroneously use the word “indicted”, and give the impression that CRIMINAL CHARGES had been filed, and that Sean had been arrested. Shame on them ALL! (Personally, I think his show is awful and boring now anyway, and this is just one more blazing reason that no one should listen to it ever again!)
The simple fact that PREMIERE RADIO NETWORK was subpoenaed by the SEC for tapes of Morton’s radio appearances, was enough for Premiere and Noory to BAN Sean David Morton from the show, which is why he has not appeared on the program for the last two years. (So much for innocent until proven guilty, eh?)
In fact, Morton NEVER advertised or promoted his investment club though his Delphi Associates Newsletter, or Coast To Coast AM, or through any mass email. And it was the trader Daryl Weber who only once promoted it in a public appearance at a paid workshop. Sean simply TALKED about what he was doing with his private club, originally made up of personal friends and family, because it helped him notice greater trends in the global markets. But certainly talking about riding horses doesn’t mean someone is trying to sell you a horse!
Also, the SEC is not asking for ANY monetary damages from Sean Morton or the companies originally involved, which were dissolved 3 years ago, but they demand Morton be “Restrained.” But that is where the sentence ends. “Restrained” from WHAT? Writing? Thinking? Speaking? It just gives you more of an idea of what a Kafkaesque farce this all is! They want monetary damages from his wife Melissa, who they know has been in poor health, as she acted as a manager for the accounts, but, again, there is NO EVIDENCE that I have found ANYWHERE that anyone ever wrote Mrs. Morton a personal check.
So far this reporter has found that the SEC is in direct violation of no less than SIX of the seven sections of The Federal Rules of Civil Procedure Rule 12 (b). This entire case has truly no basis in law, in fact, or even reality! Here is a LIST of the laws the SEC is currently in violation of:
1. Lack of Subject Matter Jurisdiction. (SEC in Violation of Federal Rules of Civil Procedure 12 (b)1) : NO PERSON or COMPANY at ANYTIME dealt in a STOCK, A BOND or a SECURITY which is regulated by the SEC. ForEx trading is NOT REGULATED BY THE SEC and neither are PRIVATE TRADING CLUBS! As such, no LLC or person is LICENSED by the SEC or REGULATED by the SEC. The complaint has no legal merit due to no one involved dealing in SECURITIES.
2. Lack of jurisdiction over the defendants. (SEC in Violation of FRCP 12 (b) (2) (Called personum jurisdiction.) All the parties are not under the jurisdiction of the court by service, cause of action, residency or otherwise. They have no rights over the Human Beings as Sean and Melissa are NOT 14th Amendment US citizens, work as Ambassadors for a foreign nation-state and neither they, nor any of the LLCs involved reside in the Southern District of New York. Nor did anyone write Sean or Melissa a personal check.
3. IMPROPER VENUE: (SEC in Violation of FRCP 12 (b) (3): This case should not be heard in New York as virtually all the witnesses and defendants are in the West.
4. FAILURE TO STATE: (SEC in Violation of FRCP 12 (b) (6): The “facts” set out in the SEC complaint are insufficient to warrant any remedy under law due to the SEC having no real interest in this matter and failure, continuously, to state what the defendants actually DID that was regulated or under the authority of the SEC who requests a mysterious and nebulous “Restrainment” as their relief for an unknown injury.
5. Failure to join a Party. (SEC in Violation of FRCP 12 (b) (7) : They did not name the actual FX trader Daryl Weber, who did ALL the trading and ALL the accounting for the LLCs. The investment accounts were all WEBER’s idea in the first place, and Daryl Weber, through his gross negligence and through ignoring Mr. Morton’s foresight and warnings, TANKED all the accounts.
6. VIOLATION BY THE SEC OF FRCP 17 (a) : The SEC are not real parties in interest because they have no interest in FOREX trading. Bringing this action alleging violations of the “Securities Act and Exchange Act” is a deliberate distortion of the law without legal merit.
7. MISAPPLIED LAW AND VIOLATIONS: The SEC filed a CIVIL SUIT with allegations claiming violations of the MISAPPLIED sections of the “Securities Act” and the “Exchange Act” that have no pertinence or bearing on this matter, as no one dealt in a stock, a bond or a regulated “security”. The SEC, by law, does not regulate Foreign Currency trading or unregulated Federal Reserve Notes.
8. Improper Service. Papers were literally hurled at a front door and strewn down the steps of an empty residence while the Morton’s were on vacation and a hold was on their mail. (The SEC has admitted to this action, using, instead of US Marshalls, a company called “Serving by Irving.”) Photos, taken by a third party witness, of the papers strewn down a stairwell were included in the motion to dismiss.
9. Failure to state a claim upon which relief can be granted. The SEC demands in its complaint that Sean Morton be “RESTRAINED”, but they do not even bother to finish the sentence. Retrained from what? Talking? Thinking? Doing MORE stuff the SEC doesn’t regulate or have control over? They don’t SAY because they can’t determine WHAT he actually did wrong! Are they regulating PSYCHICS now? Did PSYCHICS collapse the US economy? And we are sure you heard ALL about the lawsuits the SEC has filed against the hundreds of traders and brokers and investment firms they regulate and oversee who collapsed the US and global economy! No? That is because THERE AREN’T ANY! THIS IS THE ONLY ONE! So we can only assume that SEAN DAVID MORTON IS SOMEHOW PERSONALLY RESPONSIBLE FOR COLLAPSING THE WORLD ECONOMY BY PREDICTING IT YEARS IN ADVANCE! Who knew he had THAT kind of power! WOW!
10. LIABLE, SLANDER, DEFAMATION OF CHARACTER: The SEC with its reckless and wanton actions, have used this case a publicity stunt and have publicly caused defamation of character, caused liable and slander against Sean David Morton and his wife Melissa with no valid claim, support or evidence of authority to injure his person and his property and continues to incur damage and liabilities. The SEC allegations have NO FACTUAL EVIDENTIARY SUPPORT.
11. SEC COMPLAINT BASELESS: It is readily apparent from the most cursory review of the SEC complaint that neither the SEC or its counsel conducted any worthwhile legal research to ascertain the standards by which it took responsibility to file such a frivolous and baseless lawsuit.
12. SEC REVENGE: The current action is also a clear act of revenge by the SEC as Sean Morton sued the SEC several months ago for harassment, restraint of trade, violations of the US Constitution, lack of jurisdiction to conduct an investigation, and alleged that SEC senior counsel Bennett Ellenbogen was involved in a homosexual relationship with one of the members of the FX trading club, who later sued the Morton’s. Ellenbogen has never denied this allegation.
13. FOIA VIOLATIONS: Ignoring multiple FREEDOM OF INFORMATION ACT REQUESTS for information on the nature of the case and those prosecuting it.
14. FED APA VIOLATIONS: Ignorance of the FEDERAL ADMINISTRATIVE PROCEDURES ACT OF JUNE 11, 1946. The SEC has been asked multiple times to produce their venue, their jurisdiction, and what right they have to regulate CURRECNY TRADING. They have gone silent and now admit and stipulate by their silence, they have none.
15. FRIVILOUS/BASELESS/LIABELOUS: The SEC complaint is frivolous, baseless and meritless. It is only being presented for improper purposes in order to harass, cause unnecessary delay and needless costs of litigation.
After going over the court documents and recordings and transcripts of the depositions (more like inqusitions really!) conducted over two days by the SEC in Los Angeles, California with Sean and Melissa Morton, here are the FACTS of what happened:
FACT: Over the course of 18 months, 5,200 trades were made in the For Ex markets by the LLCs involved with various FX companies. 4,800 of those trades were for POSITIVE GAINS! This evidence was presented BY THE SEC! Which meant they KNEW the funds had been properly invested AND that the accounts had done spectacularly well, until the markets tanked in November, 2006, and due to the direct actions, or inactions, of FX trader Daryl Weber!
THAT IS A SUCCESS RATIO OF 92.3%, which needs to be noted!
FACT: All involved in the private club received IRS 1099s to allow them to credit the losses on their taxes.
FACT: All involved in the Private Club received CD-ROM data disks showing all the trades that were made over the course of the accounts, including copies of receipts of all transfers, making everything totally transparent.
FACT: The SEC cut depositions in California short because they wanted to get out of there early as “Disneyland closes at 8.” (SEC transcripts.)
FACT: Both SEC attorneys came in 45 minutes late to depositions, on two consecutive days, from lunch breaks because they got caught in traffic getting IN-AND-OUT BURGERS. They then ate their burgers in front of witnesses and attorneys as the depositions went on.
FACT: No one EVER wrote a personal check to either Sean or Melissa Morton.
FACT: The SEC used evidence obtained illegally claiming that the Morton’s were “hiding $6.9 MILLION DOLLARS!” in one of the LLCs, which was the whole basis of their investigation. This bogus allegation is repeated again in their complaint. It turned out the LLC in question was a real estate holding company in Florida that had nothing to do with the Morton’s or ANY of the LLCs involved, but had the same name, and the bad luck of doing business with the same national bank. Making this a matter for the Justice Department, as the SEC had issued an illegal subpoena, for THE WRONG COMPANY, and gone through their records and bank accounts, statements and funds illegally! The SEC was warned by attorney Pedar Davission NOT to use this bogus, illegally obtained evidence again, but THERE IT IS! RIGHT THERE IN THEIR CIVIL COMPLAINT!
FACT: The SEC attorneys DID NOT KNOW that LLC name searches were only state-wide and that there could be 50 LLCs in all 50 states all with the same names but owned by 50 different people.
FACT: The SEC violated every US law and code of conduct by forcing the Morton’s attorney at the time, Mr. Pedar Davission, to testify AGAINST THEM! Even resorting to those illegal and outrageous extremes, they STILL found nothing!
FACT: The SEC issued subpoenas against FXCM, the ForEx trading company involved, leading to FXCM forcibly CLOSING ALL the LLCs involved, resulting in massive losses of investors funds, of nearly $200,000. So the very losses of investors funds that the SEC is investigating, were, in fact, MOSTLY CAUSED BY THE SEC AND THEIR BASELESS INVESTIGATION!
FACT: When jurisdictional issues arose, the SEC is now claiming “WORLDWIDE JURISDICTION”, over everyone, everywhere, which is just laughably absurd, if these guys were not so dangerous!
FACT: The SEC is attempting to claim that Sean Morton sold “Investment Contracts” which would somehow put him under their jurisdiction. But they have not been able to produce one of these mythical investment contracts, or a shred of evidence of any kind for there screeching histrionics.
FACT: The SEC claims in their response to a demand for dismissal based on lack of jurisdiction, that they, get this, have jurisdiction over, and I quote, “Any financial transaction, anywhere, at any time, where a financial gain is to be expected.” Watch out Community Raffles! Church Bingo! Vegas Casinos! Gypsy Fortune tellers! Better not see money in anyone’s future or the big bad rabid dogs at the SEC will haul you away!
FACT: The SEC attorneys knew absolutely NOTHING about currency or foreign exchange trading, because they DO NOT REGULATE IT! FX basics had to be explained to them at length, such as what a “pip” was (the base measurement in FX), and what “currency pairs” represented, and why it was impossible to take a “vote of club members” to get their approval of how trades should be made on any given day. Over and over again, it had to be laid out that FX trading WAS NOT STOCKS and did NOT follow the same rules or regulations.
The SEC, knowing they have NO CASE, had to file something to excuse and explain three years of expenses, including multiple winter trips to Southern California, Disneyland, IN-AND-OUT-BURGER and Wisconsin. In ALL of those trips they found…nothing! NADA! ZILCH! ZERO! All against people they know are on the verge of bankruptcy and against companies that were dissolved over three years ago.
So they have now resorted to a series of sneaky, underhanded, illegal, off the record and behind the scenes “Ex-Parte” communications with the judge, begging him to ignore the law, ignore the motions in front of him, and ignore their clear need for revenge in retaliation for a lawsuit Morton filed against the SEC about 8 months ago for harassment, waste of public funds, restraint of trade, liable, slander, lack of jurisdiction, violations of the US Constitution, and the need to bring to light an Executive Order signed by George W. Bush, that states, allows, and demands, that Federal Prosecutors are now allowed to break the law to get convictions!
So far one judge, Denny Chin, has already recused himself from the case, being up for appointment to a higher position, the 2nd Circuit Court of Appeals, replacing now Supreme Court Justice Sonia Sodamayor. Judge Chin wisely did not want to touch this gigantic loser of a case with a ten-foot pole. The case has now been reassigned to Judge Lewis Kaplan, who, it is hoped, will rule with wisdom and fairness and dismiss this whole mess once and for all. But now he has kicked it back down to a magistrate to deal with. So far there are over a dozen motions before the court to dismiss which have been sitting there since June 28,, 2010, without a single ruling coming down from the court. However, a Motion for Summary Judgment to dismiss is now before the court and I believe will end this entire fiasco.
Meanwhile, several of the SEC attorneys have quit the case, no doubt not wanting to get caught without a chair when the music stops. Or flat out fired, as SEC attorney Bennett Ellenbogen is sure to be.
The Morton’s have filed a MOTION FOR SUMMERY JUDGEMENT to dismiss this case, for good, with prejudice. In it, the Morton’s sum up this sad episode eloquently.
It reads:
Furthermore, in the SEC’s ex parte communication to Judge Chin, the SEC relies upon the notion that the subject matter jurisdiction is conveyed due to the alleged sale of so-called mythological “investment contracts” stated on the May 18, 2010 letter at page 1, paragraph 2: “However, the complaint alleges that the defendant, Sean David Morton solicited and sold to investors securities in the form of investment contracts.” The SEC attempts to support its position with numerous case opinions, which involve licensed and regulated securities dealers, brokers and insurance companies, which have contractually agreed to the governance and public policies of the Securities Act of 1933 and the Securities and Exchange Act of 1934. The undersigned, Real Parties In Interest, are none of these above listed things, and there is no evidence to the contrary. And, to top it all off, after a nearly four year investigation of hounding and harassing and intimidating the Morton’s and their friends, family, employers and business contacts, at a personal cost to them of their health, reputations, good names and hundreds of thousands of dollars, the SEC also does not, cannot, will not, never has and never will, present a single shred of evidence of a signed so-called “Investment Contract,” upon which their entire case is based, because no such evidence of these chimera-like “investment contracts” exists, making the SEC’s claim baseless on its face.
CONCLUSION
This case has no basis in law, in fact or even reality. The SEC, led by Bennett Ellenbogen, has engaged on a warpath of vendetta and revenge. They have squandered public resources for vacations outside their jurisdiction to California and Disneyland. They have resorted to smear, lies, liable, slander, misquotation, misrepresentation and misinterpretation of their own codes and regulations, illegal subpoenas of unrelated companies, forcing undersigns attorney to break attorney/client privilege, and have waged this war in the court of Public Opinion because they know they can never win this case in a legitimate court of law.
For all the foregoing reasons stated above, the court should enter summary judgment for the undersigns (Sean and Melissa Morton).
Sean and Melissa Morton, by the way are to be credited, for defending this entire action without an attorney but as Sui Juris, Pro Se Real Parties In Interest (Defendants).
I believe this case is set to be dismissed in its entirety, with prejudice, sometime around October 1, 2010. But I will keep you informed. Stay tuned.
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