2013-04-22 10:06 PT - Street Wire
by Mike Caswell
Gold Bullion Development Corp. has won court orders compelling Stockhouse Publishing to help identify three forum users, including one who said the company was being manipulated and another who called the company's chairman, Frank Basa, a "pig." The company complained that the messages were defamatory, and said that it had no way to identify the users. A judge has agreed, and in an order handed down in the Supreme Court of British Columbia on Thursday, April 18, has instructed Stockhouse to provide identifying information.
The users that Gold Bullion sought to identify posted on Stockhouse under the aliases "Musky13," "Sharpie009," and "wrapup." The company filed three separate petitions on Tuesday, April 16, in which it complained about several messages the users created between December, 2012, and February, 2013. Among other things, the messages implied that Gold Bullion's management was manipulating the company and that management members were "bullies," the petitions claimed.
The largest number of messages came from Musky13. His 15 posts, as quoted in an affidavit, referred at least in part to Mr. Basa. One, dated Jan. 3, 2013, said: "... Folks that's were part of our money went!! (300k year) ... That and trips around the world feeding the big belly of his .. You know what they say .. a pig is a pig .. I cant believe the balls on this one !!" Another message the same day read: "Big golden balls !.. One minute with this guy and I'm in jail!!"
Other posts by Musky13 implied that Gold Bullion was being manipulated, according to the petition. One stated that the company needed paid advertisers to provide "liquidity and stability to contain the constant dumping of past/future pp investors." Another message referred to a "PUMPERS SQUAD."
Around the same time as the Musky13 posts, the user named wrapup created five posts that Gold Bullion says were false and malicious. One, dated Dec. 23, 2012, read, "They need to try & find Buyers, so they PUMP, PUMP, PUMP." Another message that day read: "... So they become Bullies, & think that will help their share price.. lol. Just hilarious."
The company says those posts meant that management members were bullies and were not acting with the company's interests in mind. The messages also meant that the company was being manipulated.
The final posts that the company complains of came from Sharpie009. One, dated Dec. 22, 2012, read: "Atta boy. Keep pumping. No facts. ... Great pyramid scheme here if you bought at 8.5 cents and looking to distribute a few cents higher." Another message the next day stated: "... Money running out. Have to pay Frank's salary. NO money left for drilling." Gold Bullion says the Sharpie009 posts meant that the company was poorly managed and that it was running out of money.
The company sought court orders that would compel Stockhouse to provide e-mail addresses, names and IP addresses for the users who wrote the messages. Stockhouse did not oppose the orders, and a judge granted them after a brief hearing on Thursday. The site had previously deleted the posts.
Vancouver lawyer Andrew Aguilar filed the petitions on behalf of Gold Bullion.
The company, which traded between eight and 11 cents during the posts, closed Friday at four cents.