On any other day that might seem strange: Ali Nazerali Wants His Past Sealed in Orwell’s Memory Hole

    In October 2011, Ali Nazerali, a Canadian resident who has operated boiler rooms (though he denies it) and whose business relationships drew the scrutiny of DeepCapture, went to court in British Columbia to obtain an injunction ordering DeepCapture to be vanished.  In an ex parte proceeding (meaning that DeepCapture was not even notified of the proceedings, let alone allowed to present any argument),  the Canadian court issued an injunction against the 1st Amendment to the US Constitution. Immediately and also without notification, US corporations Google, Bing, and GoDaddy complied with this foreign court’s order to disappear all trace of DeepCapture like some recalcitrant Argentinian muckracker.

    However, in December, 2011 DeepCapture had its chance to speak in court in Canada. Once it had heard our side, the Court  pulled its injunction, and found that Nazerali’s lawyers had misled the Court.

    As famed Stoic philosopher Nicholas Cage put it in Con Air, “On any other day that might seem strange.”

    But this is, after all, the world of DeepCapture, where dogs and cats dance together and the fire rain falls. So now, the rest of the story….

    Early in 2011 Mark Mitchell began a multipart story exploring the way that various elements of transnational Organized Crime, international terrorist financiers, and foreign intelligence services have entwined, infiltrated the global financial system, and are manipulating and destabilizing it.

    Which sounds like a lot to swallow, I know, until one considers that on July 25, 2011, President Obama signed an Executive Order declaring a national emergency on pretty much precisely those grounds:

    I, BARACK OBAMA, President of the United States of America, find that the activities of significant transnational criminal organizations, such as those listed in the Annex to this order, have reached such scope and gravity that they threaten the stability of international political and economic systems.  Such organizations are becoming increasingly sophisticated and dangerous to the United States; they are increasingly entrenched in the operations of foreign governments and the international financial system, thereby weakening democratic institutions, degrading the rule of law, and undermining economic markets.  These organizations facilitate and aggravate violent civil conflicts and increasingly facilitate the activities of other dangerous persons.  I therefore determine that significant transnational criminal organizations constitute an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, and hereby declare a national emergency to deal with that threat.

    The US National Security Council immediately followed up with this statement:

    “Transnational organized crime (TOC) poses a significant and growing threat to national and international security, with dire implications for public safety, public health, democratic institutions, and economic stability across the globe. Not only are criminal networks expanding, but they also are diversifying their activities, resulting in the convergence of threats that were once distinct and today have explosive and destabilizing effects…. The apparent growing nexus in some states among TOC [Transnational Organized Crime] groups and elements of government—including intelligence services—and high-level business figures represents a significant threat to economic growth and democratic institutions… As they expand, TOC networks may threaten stability and undermine free markets as they build alliances with political leaders, financial institutions, law enforcement, foreign intelligence, and security agencies.”

    These statements from the White House and NSC are precisely on point with DeepCapture’s thesis. In fact, the Executive Order goes on to name four criminal networks which figure prominently in DeepCature’s story

    We knew DeepCapture’s story would raise eyebrows, but we believed, and still believe, that it is important journalism concerning issues that clearly are of global concern and should be part of the public debate.  And as journalists, we at DeepCapture are quite proud of having been so far ahead of the curve, and so shockingly far ahead of the US mainstream media, which (we contend) are (with rare exception) such lapdogs to corporate America, and especially to the financial interests, that they would never have been able to put this story together even if all the relevant evidence were shoved up its nose (which it was).

    Deep Capture believes that it is not incidental that only the British journal The Economist has been able to cover this issue, with such recent stories as:

    America’s dodgy financial plumbing: TOO A FAIL COUNT –The sheer number of unsettled trades is rattling regulators

    Financial terrorism: THE WAR ON TERABYTES – Policymakers worry about attacks on America’s financial system

    NAKED SHORT – SELLING:  A not-so-short story

    In September 2011 Altaf Nazerali, who, while not a central character in the story, is mentioned numerous times, contacted us raising concerns that certain statements regarding him were inaccurate. Mark looked back at his  reporting and, in cases where he believed it was warranted, modified the story: While we believe that facts should be reported, we are never above taking another  look at the story to make sure that we are as fair as possible. Good journalism stirs good debate.  And we are responsible journalists.

    Mark sought further contact with Nazerali in early September but heard nothing further.

    Then without any warning to Deep Capture, Nazerali attempted to silence Deep Capture.

    On October 18, 2011, without notice to Deep Capture, Mark, or Deep Capture’s internet hosts, Nazerali filed a  lawsuit in Vancouver, Canada and appeared the same day before a judge seeking an injunction  taking Deep Capture off the internet and seizing its domain name. Only Nazerali and his lawyer were in the courtroom when he asked for this injunction so the judge only heard one side  of the story. Nazerali got his injunction.

    Ali Nazerali  delayed serving formal notice of this injunction on Deep Capture and its reporters. The first  mailed service was made about 10 days after the injunction was made. The actual personal  service did not occur for several weeks. Nazerali did not comply with Canadian law and  promptly serve Deep Capture with copies of all of the affidavits and legal submissions he put  before the judge on October 19, 2011 at his one-sided injunction application. That only came to  our attention in late November. All of this had the effect of delaying Deep Capture’s ability to  seek relief from the court.

    However, Nazerali’s lawyers immediately sent notice of the Canadian court’s injunction against Deep Capture to Google, Bing, GoDaddy, and other internet companies  demanding that they comply with it, and black out the DeepCapture site.

    Amazingly (to me), these US companies complied, and blacked out Deep Capture. GoDaddy took down the site. Google and Bing both erased all of DeepCapture from the caches. In the most literal sense, we disappeared down Orwell’s Memory Hole.

    On December 13, 2011 Deep Capture and Mark were able to appear before the British Columbia court . We presented our case through affidavits showing the basis for our  reporting. We presented the judge with the governing Canadian law which places severe  restrictions on pre-trial injunctions, limiting them to rare and special circumstances which do not  apply to Deep Capture.

    Ruling from the bench (i.e., immediately), the judge denied Mr. Nazerali’s request that the injunction be  extended beyond December 13, 2011.

    In addition, the judge expressly ruled that Ali Nazerali’s lawyers had misled the judge who heard  Nazerali’s earlier argument on October 19, 2011.

    At that point Deep Capture was free to return to the internet.

    However, Ali Nazerali was not done. He had his lawyer send an e-mail to Rackspace citing to the  original October 19, 2011 injunction order and asking that Rackspace refuse to host Deep  Capture.  He neglected to tell Rackspace that the British Columbia court had already refused to extend the  injunction and that it had ceased to have any force. And he certainly did not tell Rackspace that the British Columbia court had criticized Nazerali’s submissions to the original judge on October  19, 2011, finding that Nazerali’s lawyer had misled the court.

    Ali Nazerali wants to keep Deep Capture and its reporting away from the public.  But why would Mr. Nazerali sue Deep Capture, a Utah company, in Canada? We can only  speculate. As Gary Weiss (himself a shill for criminal elements, as has been widely documented within DeepCapture) noted in his blog almost immediately after the original injunction was  issued, Canadian law provides far less protection for free speech than is guaranteed by the  United States Constitution. In fact, Canadian defamation law differs in so many key respects  from United States law that at least one federal court has held that Canadian defamation  judgments are unenforceable against United States citizens.

    In fact, one key difference is what is meant by “defamatory.” It is true that the Canadian court  noted that Deep Capture’s reporting regarding Mr. Nazerali was “defamatory.” But, importantly, this does not mean that it was not true or that it was not fair reporting. It does not mean that such  statements may not be published. And it does not mean that Mr. Nazerali is entitled to any  damages. Rather, it simply means that the statements regarding Mr. Nazerali tended to harm his  reputation.

    “Carole took the cookies from the cookie jar” is defamatory under the law of British Columbia.  Stating that Carole took the cookies tends to harm her reputation even if she did, in fact, take the cookies. Here Mr. Nazerali has been involved with certain individuals and cultivated certain relationships that may harm his reputation as such connections become known. But this does not mean that such relationships cannot, and should not, be fairly and freely reported.

    Importantly, no court has held that Deep Capture’s reporting as to Mr. Nazerali was “actionably  defamatory.” After the Canadian Court was given the chance to read Mark’s affidavit explaining the basis for his reporting, it denied Mr. Nazerali’s request for an extension of the injunction  keeping Deep Capture away from the public on the basis that the claims and defenses should be  heard and determined by a jury at a trial.

    Most hilariously, I had an idea that seems to have worked. For years a Cone of Silence had surrounded Deep Capture. Once the supine and obedient mainstream press could no longer speak for me, but had to confront me, in my own words, on this website, they revealed themselves for what they are: Barroom bullies who, once called out, stick their faces back in their beers and pretend not to have heard.  But during the time that DeepCapture was blacked out, the Cone of Silence surrounding Deep Capture was finally lifted. Parties that once made great circumlocutions to avoid mentioning us (lest they let readers evaluate the arguments and evidence for themselves) suddenly were pounding their chests.  So I decided to let DeepCapture stay down for a few weeks, to give them a chance to strut. I am utterly confident that, now that Deep Capture is back online, they will return to muttering into their beers, as has been their practice lo these many years.

    Now that we are back on-line you deserve to know what happened, especially since the facts should cause concern in everybody that appreciates the role a free press and free speech  play in a free nation (and the offending story will be republished, in full, and with a great deal of new information that Nazerali’s legal jousting caused to come our way: thank you, Ali Nazerali).

    The US mainstream media apparently find unremarkable the alacrity with which Google, Bing, and GoDaddy would accede to a foreign court’s injunction to black out a US website.  Thus, Deep Capture was forced to tell the rest of this story (which, we maintain, is but a microcosm of the whole story of capture) in order to continue  our investigative journalism within our constitutional rights to freedom of speech and press.

    After all, we are the red pill.

    This post was written by:

    - who has written 152 posts on Deep Capture.

    I am a concerned citizen who has been focused on systemic instability since 2004.

    Contact the author

    236 Responses to “On any other day that might seem strange: Ali Nazerali Wants His Past Sealed in Orwell’s Memory Hole”

    1. scottbro2 says:

      DCN: Why are you not republishing the story articles?

    2. Kramer and Fartaroma says:

      Does CNBC have any comment on Deepcapture.com?

    3. Denis says:

      I second the OP’s comment: I was awaiting for all the chapters to be published so I could spend an entertaining WE reading them. And when I finally remembered to come back, you were down. With no trace of it in archive.org at that.

      I’m now left drooling for the full story.

      Might anyone have cached versions of the full story before it got deleted?

      If so, please compile it into a PDF and seed a torrent. You know, to give this canadian bozo a taste of what artists, media companies and software programmers go through. ;-)

    4. Anonymous says:

      http://www.examiner.com/nonpartisan-in-national/president-andrew-jackson-peter-cooper-on-monetary-reform

      Counterfeit stock and counterfeit money.

      Andrew Jackson (1767-1845) is the last US President to pay-off the national debt. He did so only after ending the Federal Reserve of his day, the privately-owned Second Bank of the United States. As did Thomas Jefferson, Jackson understood the subversive act and perpetual national debt with banks creating money to lend to the government. He did not understand the positive policy response of the government creating money directly for the payment of public goods and services. Jackson critics would respond that he was proficient in killing, and indeed less than capable with constructive policy. In 1836 President Jackson issued an Executive Order called the Specie Circular that required payment to the government for land to be only in gold or silver. This increased demand and emptied the banks of the day of the fractional gold and silver backing their bank notes, causing bank runs. Jackson and Congress could have issued money directly, and then accepted this fiat currency for all payments:

      “The bank, Mr. Van Buren, is trying to kill me, but I will kill it.” (referring to the Second Bank of the US) . – Said to Martin Van Buren (July 8, 1832), quoted in The Autobiography of Martin Van Buren, published in Annual Report of the American Historical Association for the Year 1918, vol. II (1920), ed. John Clement Fitzpatrick, ch. XLIII (p. 625)

    5. JGH7 says:

      Overstock.com Announces Court Declines to Seal Evidence in Goldman Sachs/Merrill Lynch Case

      http://www.marketwatch.com/story/overstockcom-announces-court-declines-to-seal-evidence-in-goldman-sachsmerrill-lynch-case-2012-03-08

      I LOVE IT!!!!!!!!!!!!!!!

    6. JGH7 says:

      Congrats to Patrick and company. This is great news not only for Overstock.com, but for the entire planet!

    7. sean says:

      This should be great news and we will see what is divulged but did you notice how Bloomberg writer got the definition of naked shorting wrong..intentionally I think to confuse the masses.

      “Salt Lake City-based Overstock claims that large portions of its stock was the subject of naked shorting, where investors sell shares they don’t own in anticipation of making a profit by paying for the stock after its price has fallen.”

      When last I checked, was’nt this the definition of legal shorting? These criminals/miscreants never paid for any stock. THEY SOLD AIR SHARES to unknowing customers and created and excess of no existing supply. What a CAPTURED media outlet. I hope someone corrects them or calls them to the carpet on this. Otherwise, this revelation of info. could not be welcome news for the bad guys.. right fellas? LOL!!! Let the chips fall where they may.

    8. JGH7 says:

      Patrick, let me know if I can help your cause. I would like to do something where I can bring naked short selling to the attention of the average american.

      With that said, they can support your cause by buying Overstock.com products.

      You deserve some help. I’m willing to help your cause. You have my email address.

      God bless.

    9. Anon3 says:

      JGH7,

      Another option for supporting Overstock.com is buying shares. Call the company every day:

      “I am a shareholder, SPEND MORE MONEY GOING AFTER GOLDMAN SACHS AND ON PUBLICIZING”

      The earnings call is bollocks with very short sighted analysts. Overstock can become the champion of the “99%” by rallying main street behind them in their quest to save America from killers like GS.

      Patrick Byrne, The People’s CEO

    10. Anon3 says:

      Some more opinions of mine:

      1.
      The deepcapturethemovie is targeted at an audience of fund managers and analysts that are already well versed in how the stock market works. Rewriting this presentation (“movie”) for a main street audience then posting on Youtube would be of great help to informing the citizens about the crime of purposely failing to deliver shares and capturing of Wall Street.

      2.
      The “Deep Capture Analysis” on the homepage and the story that has yet to be reported are all WAY too long for me to read. I suspect other people do the same thing as I do: see the length of the articles, read about a page then give up. Patrick and Mark have mentioned that they like the format they use despite the fact they lose a large audience in doing so. Reformatting their entries into: page long blog type entries with more pictures/diagrams, then posting on a separate blog would attract more readers. Also, the writing is completely unstructured, having some “cliff note” type blog for DC articles would probably help too.

      The fact that the comments were erased might indicate court trouble, so downloading the current DC page is a good idea too. Finding someone to mirror the site is also a good idea.

      And the “why don’t you do this Anon3?” Because, like Patrick mentions, I am one of the people who move their lips when reading people magazine, and do not have the brain or talent to do any of it.

    11. sean says:

      Just another way to try and stop the movement..

      Occupy OKC Filmmaker Mark Faulk “FaulkingTruth” Lands on “No-Fly List”
      An Oklahoma City writer and filmmaker active in Occupy OKC has been placed on the federal No Fly List.

      Mark Faulk was surrounded by TSA agents at the United Airlines ticket counter at Will Rogers World Airport on February 29th, when trying to obtain a boarding pass to travel to New York City to attend the March 2nd premiere of a anti-Wall Street film he worked on.
      Faulk, who has researched and covered financial fraud since 2004, said that he tried to check in online, only to receive a notice that said “Unable to Complete Check-in. Your reservation requires special handling. Please check in at an airport kiosk.”
      Said Faulk, “That’s the first red flag that you’re on the No Fly List. The second clue is that you can’t check in at the kiosk either, and the clincher is that the associate at the ticket counter can’t issue you a boarding pass either.
      The airline computer systems are programmed to block anyone who is flagged by the TSA as being on the No Fly List from obtaining a boarding pass.”

      http://theintelhub.com/2012/03/11/occupy-okc-filmmaker-lands-on-no-fly-list/

      Mark Faulk was the writer and directed interviews for the documentary “The Wall Street Conspiracy” (www.thewallstreetconspiracy.com) , a film about financial fraud that is also critical of the SEC and Congress’s lack of enforcement to stem corruption that triggered the current economic crisis.

      • n-tres-ted says:

        Thanks for the report on Mark Faulk. I saw nothing of it in the news. I knew “The Wall Street Conspiracy” was being premiered, but saw no coverage of that either. One outrage piled on top of another.

    12. Common Sense says:

      Are short interest shares included in a company’s market cap?

      If not, wouldn’t it be more fair to a company under short attack to include the short interest in the market cap?, as [legitimate] short interest basically represents artificially created
      supply. One share borrowed and re-sold, is the same as creating a share, since there are now two owners and only one share.

      So a company with 100 million shares outstanding, and a pps of $4.00, has a market cap of $400 mil. But if there is a 20 mil short interest position, then basically what we have is a company with a $480 mil market cap.

      Wouldn’t that extra $80 mil of equity be valuable to a company under short attack… maybe wield them a little more borrowing power, and negate some of the effect of a bear raid.

      Wouldn’t an accurate re-valuation of companies market cap by adding short interest positions provide a more accurate reflection of the company’s value in the marketplace?

    13. Anonymous says:

      Following Occam’s Razor, the simplest explanation is that it’s a criminal cartel similar to the mafia.

      http://www.senseoncents.com/2012/03/how-does-finra-lose-8-hours-of-testimony-wall-streets-kangaroo-court/

    14. sean says:

      I think this pretty much sums it up.. And its not coming from Patrick, Mark or Judd. LOL!!

      Ex-Goldman Exec Comes Clean On How A “Toxic And Destructive” Goldman “Rips Its Clients Off”
      Submitted by Tyler Durden on 03/14/2012 – 07:32 Goldman Sachs goldman sachs Mars Matt Taibbi Middle East
      Stop us when this confession from Greg Smith, a now former executive director and head of the Goldman’s United States equity derivatives business in Europe, the Middle East and Africa, sounds exactly like everything we have said about the firm over the past 3+ years (and why we just can’t wait for the next trading “recommendation” from Tom Stolper). “Today is my last day at Goldman Sachs. After almost 12 years at the firm — first as a summer intern while at Stanford, then in New York for 10 years, and now in London — I believe I have worked here long enough to understand the trajectory of its culture, its people and its identity. And I can honestly say that the environment now is as toxic and destructive as I have ever seen it.”

      “Nuff said!!”

    15. sean says:

      Ginger, I think the more pertinent question would be.. Where are the indictments? (Sorry I could’nt resist LOL!!)

      • Ginger says:

        Yes. where are the inditements!!

        The surprising thing tp me is that one of their top executives could turn out to be an honest man.

    16. sean says:

      Ginger, I am hoping that is the case, but I put nothing past these criminals. This could be a “setup” note the operative would COULD. I don’t believe anything happens by accident with these guys. Lets just HOPE this is real. And we need to keep our eyes wide open for what happens next.Good luck to us all!!

    17. sean says:

      Jim, I would like to change your post to read “I think that Wall Street has taken over the Mafia”.

    18. sean says:

      I wonder why they did not want this to go to trial??? Things that make you say hhhhhhmmmmmmmnnnnn!!!

      http://www.reuters.com/article/2012/03/19/us-madoff-mets-idUSBRE82I0HI20120319

    19. Anonymous says:

      I can’t post the link to the book this quote comes from, as Deep Capture censors me if I do (tried many times). I’m guessing WordPress or whatever software DC is using automatically censors this author.

      “I suddenly realized I had joined the wrong mob.” — Lucky Luciano, comparing Wall Street to the Mafia

      But, this article is good, too.

      http://whatreallyhappened.com/WRHARTICLES/wildbankers.php

    20. Anonymous says:

      So I guess the Global Bust out stories are not coming out as planned?

      How about a update Mark? Patrick, anybody?

    21. bbhindyou says:

      What it was really all about.
      Crash the system step in and buy all assets while refusing to lend money, then sell those assets back to population at high interest and profit rates.

      http://finance.yahoo.com/blogs/daily-ticker/fannie-mae-sell-foreclosed-homes-bulk-hedge-funds-140611478.html

      Our founding fathers were right about central banks.

    22. Anon3 says:

      On the earnings call Patrick said that he hopes someone comes out with the story — surely not a celebratory tone. Overstock has 5 years of discovery and the whole story, it would be unfortunate if the pursuit stopped. Listen to the call, but some shares.

    23. Alex says:

      It would be nice to have an update of where Deep Capture stands at the moment! It is the least you can do for your readers…

    24. Anonymous says:

      There’s a pattern that goes back years. They have some secret method of shutting up their critics.

      Every single anti counterfeiting site goes quiet from the 1970′s “richard” (put some random text so WordPress doesn’t censor) “Neys” to the shortselling wars groups, investigatethesec, faulkingtruth, the NFI groups, thesanitycheck, etc.

      They all go silent.

      I don’t know what their control mechanism is, but now that we recognize that deepcapture is dead, us activists should form a new site where we can talk amongst ourselves. Deepcapture censored 90% of the posts in this current thread without explanation. We need to find a new spot where we can talk amongst ourselves without censorship.

      I’m not in a position to take the lead, but if someone sets up a new website or group, I’d be happy to post and join.

    25. Anon3 says:

      Not combining overstock with DC makes absolutely no sense to me. The “99%” is a large market, an online real estate for main street would be good business, and right now the 99% are coming together looking for solutions to the current injustices. Overstock could act as that solution. Yet no talk about that on earnings calls… Bringing down, or attempting to bring down garbage like GS gets huge support from main street… They would get Ron Paul fans (5-10% of the US population) ?

      Hopefully this newly hired marketing executive does something about this quickly.

      • Anonymous says:

        Ron Paul is more than 50%, attracting both Democrats and Republicans because he talks common sense. I don’t agree with much of what he says, but it is obvious to me there is massive vote fraud and the media (including mainstream alternative media like the Daily Show or Colbert Report) completely censor anything positive about him.

        My working hypothesis is that the banking families that control Wallstreet, both the Democrats and the Republicans and all media outlets can’t let someone like Ron Paul, who wants to shut down the Fed and have the treasury issue public currency instead of private currency get elected. (Think how ridiculous it is that the US dollar is a “Federal Reserve Note” or an IOU from a private company and that the government borrows from this private company and pays interest, rather than paying their bills by issuing currency directly.)

        You can’t talk about naked shorting, without talking about the other corruption, from the suppression of gold and silver to the plunge protection team, that speaks to a few elite families controlling both parties to achieve goals for the .1% (I suspect many of us, including Patrick are in the 1%.).

        • Seadog99 says:

          Ron Paul actualy talks like an adult to adults, the others talk baby talk and there will be no real change with any of them just more of same. Whether you agree or disagree he’s been saying the same things for 15 years, the others are owned by the system and talk as if they’re running for class president…IF change is what we need then cuts have to come across the board or just forget abut it and buy precious metals, land, oil, etc…

          The market corruption is mestatic and has infected all the major organs of this country and the world and has been orchestrated by our finacial engineers on Wall Street who have no borders or allegiences except to self…

          It is a daunting task taking on the entire system.

    26. Mark Mitchell says:

      UPDATE:

      All,

      My apologies for the delayed response. I don’t read the comments every day, but I do periodically check in and read them all.

      The “Glbal Bust-out” story has not been censored, and we do still plan to publish all of the chapters again.

      I have not yet republished because I am doing a lot of extra work on the story, adding a ton of new information, refining the thesis, all to make the story stronger.

      I want it to be difficult for anyone to deny the facts, so I am adding more supporting evidence for most of the old facts, and also adding many new facts to demonstrate that we have a serious problem–and that it needs to be addressed.

      It’s a book-length story, so it is extremely time-consuming (sort of like writing a book), and all the new facts have to be checked and re-checked before publication.

      Bottom line is that the new story is going to be a lot better than the original. It will go deeper, and give a clearer picture of the problem. But I need a bit more time to get it done.

      After this, I will go back to writing shorter blogs on a more regular basis, but it takes full-time investigation and a book-lenth story to show the scope of the problem–and the problem is lot bigger than I orginally thought.

      I plan to start publishing again sometime in April. It will be worth the wait, I think (though it won’t be cheerful reading, unfortunately).

      Stay tuned!

      Mark Mitchell
      DeepCapture

      • Anonymous says:

        Thanks Mark. You’re a true hero.

      • OutofDate1980 says:

        Mr. Mitchell, consider taking a few days off to get some rest prior to publishing. It’s very possible after publishing you will be involved in many interviews, talk shows and related travel, which can be quite taxing.

    27. John says:

      A true hero indeed: stay well and continue the good fight, Mark.

    28. Anonymous says:

      Hi Mark,

      I just read out post. Is the new story being called “Glbal Bust-out”?

      Also “lenth” is not a word.

      orginally? What is this word?

      What school did you graduate from?

    29. sean says:

      Mark, as usual thanks for the update and efforts. With all the clamoring for the stoies I know that anyone with common sense would have to know that you have to dot all i’s and cross all t’s so that these miscreants can’t go crying to “Mommy’ again because you are not being nice to them and exposing them for the criminals that they truly are. Some of these anon characters are here just to occupy bandwith but please take note you presence here is “well” noted. Nervous are we? And you should be. We are coming to get you and there is no stopping what is about to hit you.
      Also Mark another major bank telling the “Captured” SEC to STICK IT!!

      http://www.reuters.com/article/2012/03/23/us-wellsfargo-sec-idUSBRE82M13H20120323

      The dominoes are falling. Hey Anon.. did I mispell any words here? LOL. JAIL. Bail, Criminal, Miscreant,RICO!!!!

    30. sean says:

      JH, you beat me to the punch. Here is one of my favorite excerpts..

      “Goldman has sought to seal the transcript of Mr. Cohodes’s deposition, which is part of a case brought by Overstock.com, an Internet retailer, against two of the biggest Wall Street firms. Overstock contends that the firms — Goldman Sachs and Merrill Lynch — failed to borrow company shares that they or their clients sold short, a practice known as naked shorting. Overstock says that the firms essentially evaded rules intended to prevent stock manipulations, and that its stock came under outsize selling pressure as a result.”

    31. sean says:

      WOW. Now this is news to me. The SEC brought “Several cases” when did this occur? What planet does this writer live on?

      “While few investors understand or care about the mechanics of securities lending, the area has come under increased regulatory scrutiny. The Securities and Exchange Commission has brought several cases in recent years accusing market participants of failing to borrow shares they or their customers had sold short, improperly creating a supply of additional stock to sell.”

    32. Anonymous says:

      Mark,

      You are truly amazing! Take your time to polish it up. I know many people are anxious to read you updated version but sometimes good things comes to those who wait!

      Thank you for sticking your neck out for the those of use who are still in the dark!

    33. oldepro says:

      http://www.nytimes.com/interactive/2012/03/26/business/20120326Goldman-Documents.html?ref=businesPlaster this everywhere. The jig is up. Congratulations to ALL at DeepCapture. A job well done. Thank you for your courage and service to our country!!!!!

    34. JGH7 says:

      New Evidence Reveals Goldman Sachs Engaged in Secret Re-Titling Into Goldman’s Name Alone of Over 20 Million Shares Owned by Marvell Founders

      SIMILAR TO MF GLOBAL’S ALLEGED USE OF CLIENT FUNDS, NOW THE SUBJECT OF CONGRESSIONAL INVESTIGATION, GOLDMAN SACHS SECRETLY INSTRUCTED STOCK TRANSFER AGENT TO OBTAIN TITLE, WITHOUT CLIENTS’ PERMISSION, TO CLIENT SHARES INTO GOLDMAN SACHS’ NAME ALONE

      http://www.marketwatch.com/story/new-evidence-reveals-goldman-sachs-engaged-in-secret-re-titling-into-goldmans-name-alone-of-over-20-million-shares-owned-by-marvell-founders-2012-03-28

    35. hangthemall says:

      This dope weiss is some retard, who gave him a pencil. Lord what a dope, hey we need people like him to buy swamp land..

    36. Anon3 says:

      Has everyone read the court transcript with Marc Cohodes?

      The transcript can be used to update the wikipedia article on David Rocker. The last paragraphs states why the Copper River shutdown. If someone can add Additional commentary, that would be great. Such as adding this to the last sentence under the “Rocker Partners” header:
      “Co-manager Marc Cohodes, under oath, believes he could field evidence that Goldman’s Proprietary trading desk was front running Copper’s trades; Copper would have profited upwards of $1 billion had not Goldman recklessly taken over their accounts [17].

      References:
      17. http://s3.documentcloud.org/documents/328064/transcript-of-depositions-in-case.pdf

      http://en.wikipedia.org/wiki/David_Rocker

    37. Anonymous says:

      If you pull back the curtain on Oz, you’ll see the old wizards can be arrested.

      http://www.examiner.com/nonpartisan-in-national/450-major-bank-resignations-arrests-of-economic-war-criminals-next

    38. Anonymous says:

      Canada is one of the only countries in the world where the central bank is owned by the taxpayers, but the banksters still pulled a coup and took over Canada in 1974 by refusing to borrow money from their own central bank.

      http://beforeitsnews.com/story/1968/896/Oh_Canada_Imposing_Austerity_On_The_World_s_Most_Resource-Rich_Country.html

      Whether it is stock backed by nothing or debt backed by nothing, this criminal mafia conspiracy of bankster families is able to use their fake wealth to control who gets elected around the world.

      In my mind, they are twenty families run by 80 year old yesterday men that need to be removed from the equation. These twenty parasites are holding the rest of mankind back and need to be peeled from our society.

      • DG says:

        Corporate wall street trash, get down on your knees….
        Its time for cake and sodomy.

        Its beyond my comprehension as to how these criminals are still getting away with murdering us from the inside out.

        Please by all means, criminals, grow a conscience and do the world a favor and blow your brains out. Its really the only honorable thing left to do with your pathetic, oxygen thieving lives. Go ahead paint the rooms red boys……

    39. Anonymous says:

      The trial with GS is going on right now? Does anyone think that earlier comment sections were taken down due to GS attorney BS? If so GS is using similar bullying tactics as with the Marc Cohodes transcript.

      http://www.overstock.com/50257/static.html (this one?)

      • n-tres-ted says:

        If you are thinking OSTK’s suit vs. GS is in trial right now, no it is not. The CA court dismissed OSTK’s suit on the eve of trial on grounds of lack of proper venue (insufficient evidence of connection of the dispute to the State of California), an entirely bogus conclusion IMOO.

    40. Anonymous says:

      Question for Mark Mitchell

      When will Gibal Bust Out stories be released again?

      Why the never ending delay?

    41. iStandUp says:

      Naked Short Selling Case Ensnares Ex-OptionsXpress CFO, Customer

      April 16, 2012
      Tom Steinert-Threlkeld
      The Securities and Exchange Commission Monday charged the former chief financial officer of optionsXpress and three other officials of the online options and futures brokerage of engaging in “an abusive naked short selling scheme’’ involving billions of dollars of sham trades.

      Charged in the case were one-time CFO Thomas E. Stern of Chicago as well as head of trading and customer service Peter J. Bottini and compliance officers Phillip J. Hoeh and Kevin E. Strine.

      Also charged in the case was customer Jonathan I. Feldman. In the SEC’s order against Stern, Feldman and optionsXpress, the SEC cited violations of Regulation SHO, which prohibits naked short selling.

      OptionsXpress and Feldman engaged in “reset transactions” that gave the illusion that the brokerage had purchased the securities that it needed to deliver in the trades involved, but which the federal regulator said it had not.

      Attempts to locate Stern and Feldman or their lawyers were not successful.

      Bottini, Hoeh and Strine settled the charges against them, in a separate administrative proceeding with the SEC.

      OptionsXpress engaged in “continuous failures to deliver,’’ during a period that lasted from October 2008 to March 2010, according to the SEC.

      That pre-dated the acquisition of optionsXpress by The Charles Schwab Corporation by roughly a year and a half. Charles Schwab completed its $1.0 billion acquisition of the options and futures brokerage in September 2011.

      “We believe the evidence at trial will demonstrate that, 1, optionsXpress covered all assignments consistent with Reg SHO; 2, there was no downward pressure on prices; 3, no one was defrauded; and, 4, the trades were not shams,’’ said Stephen Senderowitz, a partner at the Chicago law firm of Winston & Strawn, on behalf of optionsXpress, now a Schwab subsidiary

      All the traded were arm’s length market transactions. “They had economic risk, they had economic purposes. They were not novel or exotic,’’ Senderowitz said.

      The SEC’s Enforcement Division alleged that the transactions — shams or not — impacted the market for issuers of securities.

      For instance, the regulator said, optionsXpress customers including Feldman accounted for an average of 47.9 percent of the daily trading volume in one security, from Jan. 1, 2010 to Jan. 31, 2010.

      In 2009, optionsXpress customer accounts engaging in the activity purchased approximately $5.7 billion worth of securities and sold short approximately $4 billion of options.

      Feldman in that year purchased at least $2.9 billion of securities and sold short at least $1.7 billion of options through his account at optionsXpress.

      Failure to deliver securities when due is a violation of Regulation SHO. Regulation SHO requires the delivery of equity securities to a registered clearing agency when delivery is due, generally three days after the trade date

      Page 1 of 2.

      http://www.securitiestechnologymonitor.com/news/naked-short-selling-optionsxpress-former-cfo-30373-1.html?ET=securitiesindustry:e3534:180629a:&st=email&utm_source=editorial&utm_medium=email&utm_campaign=SIN_DailyClose__041612

    42. hangthemall says:

      If naked shorting is against the law. where is the justice dept?

    43. hangthemall says:

      Schwab should be hung for letting this go on.. they own option express

    44. Peggy says:

      I’m confused ……. Why post the last message when upon reviewing the court document it says:
      “25]           THE COURT:  I think the appropriate term is this:  the injunctions will expire on December 2, 2011, unless extended by further of the Court on notice to the defendants, subject to the right of the defendants or any of them to apply to set aside the injunction on two clear days notice; because it is given ex parte, so they should always have the right to apply.”

      We’re the injunctions extended?

    45. DG says:

      Dear Mark,

      Thank you for all you and deep captures hard work. It is paying off, as people are waking up, albeit slowly.

      Now if only there was a way to “shock” all the criminals at once into a jim jones kinda event……hm. Chibo x pensare.

    46. scottbro2 says:

      Marc, So should we to assume nothing from you in April contrary to what you said?
      What’s the problem man?

    47. sean says:

      The best regulator that money can buy…

      More SEC-Related Dirt:

      What a Faulking Sewerage System Wall St Has Become – Again!

      From: http://www.courthousenews.com/2012/04/27/46031.htm

      SEC Kowtows to Fortune 500 on Corruption, Whistleblower Says
      By MATT REYNOLDS

      SAN DIEGO (CN) – The SEC allows the nation’s richest firms and financial institutions – and only the biggest and richest firms – to handpick the lawyers investigating them for corruption, a whistleblower claims in Federal Court.

      Rodolfo Michelon claims that the SEC runs an exclusive “outsourcing program” for Wall Street, neutering incentives and protections for whistleblowers under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

      Michelon sued the SEC and FBI in his federal FOIA complaint.

      In November 2010, Michelon sued his former employer Sempra Global, an energy company, in San Diego Superior Court, alleging wrongful firing, retaliation and fraud.

      One section of his new complaint is headed: “How Sempra Energy got a Whistleblower Complaint of its FCPA Violations Outsourced to its Favorite Law Firms.”

      Michelon claims that federal law “requires that Justice remain blindfolded at the SEC,” but that the agency operates under “a double set of laws: one for the wealthy and well-connected and another for everyone else.”

      U.S. Attorney Laura Duffy this year closed an investigation of Sempra under the U.S. Foreign Corrupt Practices Act, which apparently was sparked by Michelson’s previous lawsuit. Michelson claimed that Sempra paid kickbacks to Mexican officials to win bids for energy projects in Baja California.

      Sempra fired Michelson in March 2010. He claimed that while he was controller for Sempra Global in Mexico he was told to bribe government officials, according to the San Diego Union Tribune. Sempra denied it.

      In his new complaint, Michelon claims the SEC allowed Sempra to hire the Jones Day law firm to lead the investigation against it.

      A Washington Post article, cited in the complaint, reported that Sempra’s executive vice president and general counsel were once Jones Day partners.

      In his FOIA complaint, Michelon states: “(S)enior officials in the SEC Division of Enforcement routinely outsource their investigations of whistleblower complaints of suspected violations of the securities acts by Fortune 500 companies, large financial institutions, and their senior executives to large and prestigious law firms retained by the subjects of those investigations.”

      After the SEC receives a tip from a whistleblower, it summarizes the complaint and sends it off to the subject company, Michelon says. The firm is then permitted to “retain a large prestigious law firm,” with the SEC’s explicit or implicit approval.

      “The approved law firms are routinely paid millions of dollars by their clients, the subjects of the whistleblower complaint, to investigate whether their clients violated federal securities laws,” the complaint states.

      Michelson claims the enlisted firms are more accustomed to defending Wall Street firms than investigating them and have an obligation to “act as zealous advocates of their clients.”

      “Given these ethical and financial incentives, the law firms and the attorneys who conduct the outsourced SEC investigations routinely issue reports and make presentations to SEC staff in which they purport to prove, find, and conclude their clients committed no violations of the securities acts,” the complaint states.

      The SEC ignores those incentives and acts as though the firms’ findings are impartial, Michelon says.

      “Plaintiff is informed and believes, and thereon alleges, that the SEC only makes its outsourcing program available to Fortune 500 companies, the nation’s largest financial institutions and their executives. The criteria employed by the SEC in selecting the privileged few who benefit from the SEC’s outsourcing program are unknown at this time, but, at a minimum, the service is only available to those who can afford to retain the most prestigious and expensive law firms to represent them. In this way the SEC has made a mockery of the Code of Federal Regulations which requires the SEC to be impartial in its administration and enforcement of the securities acts,” according to the complaint.

      Michelon claims the protections for Wall Street are perpetuated by incestuous relations among senior members of the SEC, the Department of Justice and members of congressional committees, who “rotate in and out of Wall Street law firms, Fortune 500 companies, and large financial institutions.”

      “This rotation to and from agencies that prosecute securities violations, congressional committees with oversight of said agencies, the financial industry, Fortune 500 companies, and the law firms that represent Fortune 500 companies and large financial institutions is commonly known as the ‘revolving door,’” the complaint states.

      “Plaintiff is informed and believes, and thereon alleges, that the SEC’s outsourcing program has effectively nullified the whistleblower provisions in the Dodd-Frank Act. Plaintiff is informed and believes, and thereon alleges, that the SEC’s outsourcing program is a major reason the SEC has not made a single whistleblower award, or at least not disclosed such an award, since the whistleblower incentive provisions in the Dodd-Frank Act became operative on July 22, 2010.”

      Michelon is represented by Gary Aguirre of San Diego.

      Aguirre told Courthouse News: “This is simply one of several ways in which the SEC continues to give deference to Wall Street – the same folks who gave us the 2008 financial crisis.”

      The SEC and FBI said they do not comment on pending litigation.

    48. Naked Short Selling says:

      Can someone please confirm this?

      The video of the “Ex-Adult star” murdering a Chinese male, that was sent to a Canadian website may still be up. Why? Because Canada laws make it difficult to pull content from a website, is what I was told.

      If this is true, how was a Canadian Judge able to force GoDaddy.com to pull DeepCapture.com so easily, if Canadian laws protect website content?

      Please Confirm.

      Wonder if that is something Pat Byrne would like to be aware of?

    49. yildizname says:

      hello nice blog nice blog

    50. Anonymous says:

      Any updates Mark?

      “(though it won’t be cheerful reading, unfortunately)”

      More cheerful = more readers. Youtube videos with the most views, and channels with most subscribers generally feature 2-5 minute videos. Consider making one, or some, or a series.

    51. You can certainly see your enthusiasm within the work you write. The sector hopes for even more passionate writers like you who are not afraid to say how they believe. Always follow your heart.

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