UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
____________________________________________________X
Edward Manfredonia,
Plaintiff,
Amended Complaint AMENDED COMPLAINT
2008 CV 01552 (SLT) (LB)
JURY TRIAL DEMANDED
-against-
YAHOO! INC
_______________________________________________________________x
VERIFIED COMPLAINT
_________________________________________________________________X
Edward Manfredonia, the plaintiff herein, being duly sworn, deposes and says:
Parties in this complaint are listed below:
I. A. Plaintiff:
Edward Manfredonia
c/o McCormick
8337 St. James Avenue
Apt. 4B,
Elmhurst, NY 11373.
Telephone Number: 718-457-8135
B. Defendant:
YAHOO! INC.
701 First Avenue
Sunnyvale, California 94089
408.349.3300
II Basis for Jurisdiction:
Jurisdiction is based on diversity of citizenship.
The amount sought in damages exceeds $75,000.
Plaintiff Edward Manfredonia is a citizen of the United States and resides in Queens County in the State of New York.
Defendant Yahoo! is a corporation incorporated in the State of Delaware. The headquarters of Defendant Yahoo is situated in Sunnyvale, California. Defendant Yahoo! is an Internet Search Engine; an internet provider of various services; a provider of e-mail; a provider of financial information; etc.
This is a lawsuit charging defamation; tortious interference with prospective business; and, religious and ethnic bias.
Plaintiff has been defamed by numerous postings on the Yahoo Internet Message Board for Overstock and Usana by Sam E. Antar, a convicted felon. Plaintiff Manfredonia, a Catholic by birth, has been defamed as an anti-Semite by several individuals, most notably Sam E. Antar, a convicted felon, stock fraud artist and admitted perjurer; Gary Weiss, a disgraced reporter for BusinessWeek who is a liar, a thief and a perjurer; Howard Sirota, a disreputable class action attorney, who cares only for money and not for his fellow Americans; and their minions: rashomon, scipioafricanus and others, on the Yahoo Internet Message Board for Overstock and Usana.. Gary Weiss has even utilized various pseudonyms, including Lamborghini751, cupandsaucer, etc., to defame Plaintiff- a practice which is verboten to any reputable reporter.
Plaintiff Manfredonia has been willfully and maliciously defamed as an anti-Semite because Plaintiff Manfredonia has written about the money laundering activities of the Antar family- the family, which gave to the world the stock fraud, Crazy Eddie. Money laundering is a violation of federal law- and taxes were not paid on the money laundered.
The Court must note that Gary Weiss, Sam E. Antar and Howard Sirota so detest individuals, who are not Jews, that they have willfully smeared Plaintiff Manfredonia and in so doing have placed their own their own thievery above the rights of 70 million citizens of the Philippines. Plaintiff has sworn, and this is known to Gary Weiss and Sam E. Antar and Howard Sirota, that Plaintiff’s former business associate, Heinz Grein, placed approximately $10 billion, which Ferdinand Marcos had looted from the Philippines, into Swiss Banks. A whole country can be destroyed to protect the criminal activity of Antar, Sirota and Weiss. 70 million citizens of the Philippines are nothing to Antar, Sirota, and Weiss because they are Christians and Moslems. And Yahoo is protecting these American criminals.
Furthermore, Antar, Sirota and Weiss care nothing about America because this $10 billion, which was stolen by Marcos was largely American money- from United States foreign aid and military aid; from the World Bank; etc. Antar, Sirota and Weiss care nothing for America- and only care for their ill gotten money.
Yahoo has abridged Plaintiff Manfredonia’s right to defend his good name by permitting defamatory posts to be made on Yahoo Internet Message Boards and Yahoo has not permitted Plaintiff Manfredonia the right to post under his name in order to refute these defamatory postings.
Yahoo has presented its Internet Message Boards as a public forum. Yet Yahoo does not adhere to a uniform standard, or even any semblance of a uniform standard, of conduct. Yahoo arbitrarily banned Plaintiff Manfredonia at the behest of Sam E. Antar, a convicted felon and perjurer who is currently laundering money via his wife’s business; Gary Weiss, a disgraced former reporter who is a perjurer, thief and liar; and Howard Sirota, a class action attorney who will smear anyone who prevents him from initiating a class action lawsuit to shake down American corporations.
Furthermore Yahoo has banned Plaintiff Manfredonia from utilizing Yahoo’s e-mail service because of the false defamatory claim of anti-Semitism.
While Yahoo has banned Plaintiff because of this false charge of anti-Semitism, Yahoo has permitted individuals to state that Jews should be placed in ovens and that African-Americans should be lynched and even more horrifying this hate speech from another Yahoo board: “I call chinks slopeheads and always will. They burn real pretty when the napalm hits.” Yahoo believes these examples of hate speech to be protected speech. Thus Yahoo does not have any uniform standard of conduct and Yahoo’s refusal to permit Plaintiff to defend his good name was arbitrary and malicious.
Yahoo has refused to permit Plaintiff Manfredonia to post on the Yahoo Internet Message Boards because if Yahoo permitted this action, Sam E. Antar, a convicted felon and admitted perjurer and rat, would term Yahoo as being anti-Semitic. Yahoo knows that being termed an anti-Semitic organization is the kiss of death and that being labeled anti-Semitic would impair Yahoo’s profit. So, Yahoo has permitted false and malicious defamatory comments to be made concerning Plaintiff Manfredonia by a convicted felon, Sam E. Antar, who cheated the American public out of hundreds of millions of dollars in the stock fraud, Crazy Eddie.
III: STATEMENT OF CLAIM
Edward Manfredonia, the Plaintiff herein, being duly sworn, deposes and says:
Plaintiff Edward Manfredonia is a private individual. Plaintiff Manfredonia is not a public figure. Plaintiff Manfredonia is not a limited public figure. Plaintiff Manfredonia has written several articles for The Black Star News, a weekly investigative newspaper, which is located in New York City. Plaintiff Manfredonia has authored several articles about Goldman Sachs and the American Stock Exchange, but Plaintiff has been thwarted in this attempt to obtain employment as an investigative reporter by the willful and malicious defamation that Plaintiff is an anti-Semite. Plaintiff Manfredonia has attempted to begin a career as an investigative reporter. Plaintiff has provided copies of some of these articles for the Court (Goldman’s Obscene Bonuses, Rip-Off: Wall Street Price Fixing; AIG and Stock Manipulation: Goldman’s Toxic CMO’s; Goldman’s CMO Liabilities). These articles proved violations of the Securities Exchange Act of 1934 by Goldman Sachs. (Exhibit 1)
In 1993 Plaintiff Manfredonia was wired by the Federal Bureau of Investigation. (Copy of wire order is Exhibit 2.) Plaintiff Manfredonia has provided the Court with an affidavit, which Plaintiff sent to President Bush (Exhibit 3). Gary Weiss, who conspired with Sam E. Antar, to defame Plaintiff Manfredonia possesses knowledge of many of the criminal acts, which are set forth in this affidavit to President Bush.
Plaintiff Edward Manfredonia is categorically honest. Plaintiff Manfredonia’s honesty is unimpeachable. Plaintiff Manfredonia represented the firm of Frost & Sullivan on the floor of the American Stock Exchange. Heinz Grein, President of Frost & Sullivan, masterminded the insider trading ring in Motel 6 and other issues. This insider trading ring was exposed in an August 1992 BusinessWeek article, “The System Was Perfect.”
This article exposed the insider trading ring, which was masterminded by Heinz Grein, the President of Frost & Sullivan. Plaintiff Manfredonia is the only individual employed by the firms that were mentioned in this article who did not trade Motel 6 and other issues on the basis of inside information. This was known to Assistant United States Attorney Frances Fragos, who signed Plaintiff’s FBI wire order (Exhibit 2). AUSA Frances Fragos is better known as Frances Fragos Townsend, President Bush’s former advisor on Homeland Security and Counter Terrorism.
Plaintiff Manfredonia was the source of information for the award winning 26 April 1999 BusinessWeek cover story, “Scandal On Wall Street,” which was authored by Gary Weiss. In this article, Plaintiff Manfredonia was referred to as “a rara avis- a bone fide whistleblower.” Plaintiff Manfredonia had collaborated with Weiss for a period exceeding two years on “Scandal On Wall Street” and two other articles, “The Amex Is Starting To Feel The Heat,” and “A Street Scandal That May Not Die.”
Weiss and Plaintiff later had a rift because Weiss lied about the murders of Al Chalem and Maier Lehmann in an article, “A Message From The Mob.” Weiss knew that Chalem and Lehmann had been murdered by the Russian Mob, but because of religious bias and ethnic hatred (Weiss admitted to Plaintiff that he hates Irish Catholics) and a desire to publish a book on the Italian Mafia, Weiss lied and attributed the murders of Chalem and Lehmann to the Italian Mafia.
Since the appearance of that work of fiction, “A Message From The Mob,” Gary Weiss has embarked upon a campaign to smear the name of Plaintiff Edward Manfredonia. Eventually Plaintiff initiated a lawsuit against Weiss for defamation. Although Plaintiff’s lawsuit, Manfredonia v Weis et alii, Supreme Court of New York State Index No. 103498/05, was dismissed by Judge Michael D. Stallman, Plaintiff proved that Weiss had committed perjury, stolen money from BusinessWeek, lied about his sources, and that Weiss had been forced to resign from BusinessWeek for lying about Plaintiff, etc. (This is in the public record.)
Plaintiff Manfredonia has been termed an anti-Semite in part because Plaintiff has stated that Judge Michael D. Stallman (Mickey D. Stallman) was biased against Plaintiff because Plaintiff was raised as a Catholic and Gary Weiss is Jewish as is Judge Stallman, who is an observant Jew. Plaintiff shall mention just a few of the perjured statements of Judge Stallman and Gary Weiss. And it must be noted that it was the police, who told Plaintiff Manfredonia to sue Gary Weiss in order to stop the harassment.
1. Judge Stallman permitted Gary Weiss to commit numerous instances of perjury. When Weiss swore that Weiss’ cell phone was his personal cell phone, Plaintiff proved that Weiss had committed perjury and that Weiss’ cell phone was his business phone- Weiss had taken a business tax deduction for his cell phone. Even Weiss’ attorney was forced to admit that Weiss had lied. Yet, Stallman believed Weiss.
2. Weiss swore that he had resigned on 31 July 2004. Plaintiff stated that Weiss was forced to resign for lying in articles in June 2004. Plaintiff even swore that Weiss was not in his office in early July 2004. But Judge Stallman accepted Weiss’ perjured testimony because Weiss and Stallman were Jews and Plaintiff was raised a Catholic. Then as a paean to Judge Stallman, Weiss boasted in his turgid tome, Wall Street Versus America, that he (Weiss) had resigned in May 2004. But Judge Stallman permitted Weiss to commit perjury- precisely because Weiss is Jewish.
3. Plaintiff proved that Weiss had stolen tens of thousands of dollars from his former employer, BusinessWeek, but Judge Stallman continued to permit Weiss to commit perjury. After all, many Talmudic scholars consider lies, let alone perjury, to be a worse crime than murder, but that did not matter to Mickey D. Stallman.
4. In his attempt to have Plaintiff falsely arrested, Weiss lied and stated in September 2004 on the false police complaint that he was employed by BusinessWeek- but BusinessWeek had forced Weiss to resign in May 2004 precisely for lying about Plaintiff. Even Weiss’ mentor, Stephen Shepard, wished no part of Weiss.
5. Stallman knew that Weiss’ false complaint had to be investigated by the 6th Precinct, the precinct where the alleged incident had occurred, yet the false complaint was investigated by the Midtown North Precinct, in which precinct McGraw-Hill was located. Even the police stated that this was a “fix.” Stallman knew that political pressure had been used to illegally harass Plaintiff, but Stallman is a political appointee and he favored Weiss.
6. The NYPD refused to permit Plaintiff Manfredonia to file a false complaint against Gary Weiss- a right guaranteed by New York State law. But what can you expect from crooked cops, who can be bought with a telephone call.
7. Most importantly Weiss lied about the murders of Al Chalem and Maier Lehmann, Chalem and Lehmann were murdered by the Russian Mob, composed of Russian Jews. Weiss knew this, but in an article, A Message From The Mob, Weiss lied and attributed the murders of Chalem and Lehmann to the Italian Mafia. Weiss did this because of religious and ethnic hatred. Much as Sam E. Antar despises Christians and smears Christians with impunity.
8. There are many other incidents of Stallman’s bias, but these are too numerous and outside the scope of this complaint.
The Talmud is a compendium of interpretations of the Torah. The Talmud is composed of many contradictory passages. Thus in one section the Talmud states that Jews must not testify against other Jews in court, that is, other than a bet din, a religious tribunal. But there is a contradictory passage which states that Jews must obey the laws of the countries in which they reside. Justice Stallman has taken this one step further. As a judge, Stallman has dishonored his office by committing perjury in his opinion because he favored Weiss, who is Jewish and a perjurer, above Plaintiff, who is a Christian. I am sorry, but this is true and is not merely my opinion.
Stallman did this with the knowledge that Plaintiff has always strived not to give scandal to Jews. Stallman also knew that Plaintiff had faced down Louis Miceli, a rabid anti-Semite and member of the Board of the American Stock Exchange, when Miceli praised the extermination of the Jews at Auschwitz. But Stallman did not like Plaintiff because Plaintiff was a Catholic and, therefore, expendable.
In May 2004 Weiss’ eighteen year career as a reporter at BusinessWeek came to an end because Weiss lied about his sources- specifically when Weiss in “Offering Credence to the Crank” stated that Plaintiff was not his source of information for the sections of “Scandal On Wall Street,” which exposed option price fixing and illegal trading by specialists.
Later Judd Bagley, a computer maven and researcher, proved that Gary Weiss had engaged in immigration fraud for his then-girlfriend, Anjali Sharma by submitting false documents to the State Department so that Anjali Sharma could obtain a journalist visa.
Plaintiff Manfredonia alleges that Yahoo has permitted willfully malicious defamatory messages, which accused Plaintiff Manfredonia, a Catholic by birth, of being an anti-Semite, to be posted on Yahoo Message Boards- and that Yahoo not only knew that these messages were defamatory, but that these defamatory posts were actually and willfully malicious.
The Court must note that these willful and malicious defamatory statements were posted by Sam E. Antar, a convicted felon, stock fraud artist and admitted perjurer, who possesses no assets- but rather keeps everything in the name of his wife. The Court must contrast Sam E. Antar, a felon, with Plaintiff Edward Manfredonia, a genuine whistle-blower who does not lie.
Yahoo also knew that Sam E. Antar, the individual who had posted many of these defamatory messages concerning Plaintiff Manfredonia and who was the prime mover of this declaration of defamation against Plaintiff Manfredonia, is a convicted felon. Sam E. Antar has boasted that he was a “criminal mastermind” of the Crazy Eddie stock fraud. Yahoo has permitted the repeated publication of a willfully malicious defamation that Plaintiff is an anti-Semite, which defamation was made by a convicted felon, Sam E. Antar. Yahoo knows that Sam E. Antar has covered up the laundering of tens of millions of dollars by friends and family of Sam E. Antar, who have laundered these millions of dollars that were the proceeds of a criminal stock fraud, Crazy Eddie, into the United States via Israeli Banks. It is here that Plaintiff wishes to state that circa 1978 Plaintiff Manfredonia was informed by his friend, Chaim, who was raised an Orthodox Jew, that Bank Leumi encouraged money laundering by Jews. This was later discussed in the decision involving the Antar family, Securities and Exchange Commission, Plaintiff v. Sam M. Antar, Allen Antar, et al., 15 F.Supp.2d 477.
Defendant Yahoo also knows that Plaintiff Manfredonia is not an anti-Semite. In letters dated 6 September 2007, to Jerry Yang, Chairman of Yahoo, and Michael Callahan, Executive Vice President, Plaintiff quoted a missive, which Plaintiff had received from the Anti-Defamation League that absolved Plaintiff of anti-Semitism.
In these letters, dated 6 September 2007, to Yang and Callahan, Plaintiff had enclosed copy of a letter, which explicated the criminal activity of Gary Weiss.
One letter was addressed to Jacob Weisberg, editor of Slate. This letter expounds upon the criminal activity and mendacity of Gary Weiss. Plaintiff has admitted this letter as Exhibit 4.
Plaintiff at this time also wishes to introduce several documents into evidence. These letters are to various federal officials and expound upon the criminal activity of Sam E. Antar.
On 9 April 2007 Plaintiff Manfredonia wrote to Christopher Cox, Chairman of the Securities and Exchange Commission. In this missive Plaintiff described the money laundering of Crazy Eddie Antar. (Exhibit 5)
On 26 May 2007 Plaintiff wrote to United States Attorney General Alberto Gonzales. (Exhibit 6) and described the money laundering of Eddie Antar.
On 24 October 2007 Plaintiff wrote to Mark Mershon, FBI Special Agent in charge of the New York City office of the Federal Bureau of Investigation. (Exhibit 7)
The letters to Gonzales and Mershon described the money laundering activities of the Antar family and the fact that Sam E. Antar knew of the illegal money laundering by Sam E. Antar’s relatives.
Plaintiff received a response from the Department of Justice. The letter, dated September 24, 2007 from the Department of Justice shows the contempt with which the Department of Justice has treated Edward Manfredonia- because the Department of Justice has covered up heinous crimes, including serial rape, narcotics smuggling, money laundering, the theft of $10 billion from the Philippines by Ferdinand Marcos, etc. (Exhibit 8)
Plaintiff exposed Sam E. Antar’s knowledge of illegal money laundering. Thus, Sam E. Antar defamed Plaintiff Manfredonia by calling Plaintiff Manfredonia an anti-Semite in order to cover up Sam E. Antar’s knowledge of illegal money laundering- of which illegal money laundering Sam E. Antar was obligated under his plea agreement to inform the SEC and FBI.
Even more devastating Yahoo restricted Plaintiff Manfredonia’s right to refute the repeated defamation that Plaintiff Manfredonia is an anti-Semite by refusing to allow Plaintiff to refute these false and defamatory posts. Yahoo deleted all posts made by Plaintiff Manfredonia. Yahoo willingly and knowingly refused to permit Plaintiff Manfredonia to post any refutations of these willfully false and malicious defamatory lies. Yahoo even rescinded the e-mail provisions of Plaintiff Edward Manfredonia. All this was done on the orders of Sam E. Antar, a convicted felon, and his cohorts- most notably Gary Weiss, a disgraced reporter, and Howard Sirota, a disreputable class action attorney who permitted the Antar family to illegally keep tens of millions of dollars. Howard Sirota should be disbarred for permitting the Amtar family to keep tens of millions of dollars.
Plaintiff Manfredonia has had his reputation trashed by a convicted felon, Sam E. Antar, and his followers. Plaintiff was defined by Gary Weiss in the article, “Scandal On Wall Street,” as “a rara avis- a bone fide whistleblower.” Yet, Yahoo has bowed to the demands of a convicted felon, who to this day has covered up a vast money laundering scheme embarked upon by his family and friends, who were participants in the stock fraud Crazy Eddie- and many of whom were convicted felons.
Most importantly Yahoo knows a priori that by permitting Sam E. Antar, a convicted felon to defame Plaintiff Manfredonia on various Yahoo Internet Message Boards, this willful and malicious defamation would be spread throughout the Internet- and would appear whenever Plaintiff Manfredonia’s name was googled. Furthermore, Yahoo knew that by permitting Sam E. Antar to defame Plaintiff Manfredonia other message boards would reprint the willful and malicious defamations of Plaintiff by Sam E. Antar, a convicted felon, and that these defamatory statements would spread throughout the Internet. Thus, Yahoo is responsible for the trashing of Plaintiff’s good name.
Plaintiff Manfredonia’s postings were not anti-Semitic, but proved that the individuals, who defamed Plaintiff Manfredonia, had violated many of the 613 mitzvoth defined by Maimonides. Note: The Anti-Defamation League has stated that Plaintiff’s messages were of a personal dispute. The Court should read Professor Noah Feldman’s article, Orthodox Paradox, to understand the mindset of Gary Weiss, Howard Sirota, Sam E. Antar and Michael D. Stallman. And Plaintiff wishes to state that this article is not an expression of Plaintiff’s general beliefs- just specifically related to Weiss, Sirota, Antar and Stallman, each of whom has betrayed the United States.
Plaintiff Manfredonia has included both the letter, dated 10 June 2007, which Plaintiff addressed to Mr. Abraham Foxman, National Director of the Anti-Defamation League, and the response, dated 2 July 2007, of the Anti-Defamation League, which was signed by Mr. Yael Mazar, Assistant Director of the Anti-Defamation League. (Exhibit 9 and Exhibit 10)
Sam E. Antar is a convicted felon, stock fraud operator, and admitted perjurer. Yahoo has permitted Sam E. Antar to post defamatory posts, which proclaim Plaintiff Manfredonia to be an anti-Semite. Sam E. Antar knows these posts to be false- as do other posters on the Yahoo Internet Message Board, including scipioafricanus, rashomonusa, etc. Sam E. Antar willfully, knowingly and maliciously made these postings to cover up the criminal activities of Sam E. Antar and Gary Weiss, who stole tens of thousands of dollars from BusinessWeek in an 18 year period and who was forced to resign from BusinessWeek for lying in articles. (See public record, Manfredonia v Weiss, Index Number 103498/05.)
Yahoo has willfully, knowingly and maliciously permitted various defamatory posts by Sam E. Antar and others, which messages have proclaimed Plaintiff Manfredonia to be an anti-Semite, to be posted on the various Yahoo Internet Message Boards for Overstock and Usana. Yahoo knows that Plaintiff Manfredonia is not an anti-Semite, but Yahoo has permitted Sam E. Antar to post these defamatory postings, which proclaim Plaintiff Manfredonia, to be an anti-Semite. Plaintiff has listed a small sample of these messages below:
Re: But-chart TOS&&&39; ed again for smear and stalk
rashomonusa 23-Jun-07 08:17 pm
Yes on all accounts. To clarify, I don’t endorse TOSing anyone beyond Manfredonia hate spewing crazy types….
Note: Rashomon, a disciple of Antar and Weiss, has termed Plaintiff “Manfredonia hate spewing types…” This should clarify as libel per se because it would harm Plaintiff in any occupation- especially as a reporter.
Re: Witness the Excuses for Anti-Semitism
Scipioafricanus 10-July07 09:56 pm
“Does Patrick Byrne claim that he did not know about Edward Manfredonia’s anti-Semitic posts on antisocialmedia.net.
Re: Ed! You old freak! Your back! Hey, 30 days in detox?
manfredonia_the_crank 10-May-07 03:34 pm
Re: When did OSTK get off the regSHO list?
samantarconvictedfelon 11-Feb-08 09:35 pm
…CEO of Overstock.com, Patrick Byrne, defends Judd Bagley’s collusion with Edward Manfredonia to spread anti-Semitic smears against his critics.
Please note that the message: “Ed! You old freak! Your back! Hey, 30 days in detox?,” which was quoted above is libel per se because it attributes drug use to Plaintiff Manfredonia.
This is but a small sample of the posts on the Yahoo Overstock Message Board.
The Court has requested that Plaintiff provide the statute under which Plaintiff is suing Yahoo! But actions for defamation lie under common law- and Plaintiff Manfredonia hopes that there shall be no legal relativism as defined by Ben Stein. Or the legal relativism of Judge Michael D. Stallman, who not only permitted and encouraged the perjured testimony of Gary Weiss, but committed perjury in his written decision. Weiss knew that Stallman was so biased against Plaintiff that Weiss boasted that he had committed perjury. But Stallman permitted Weiss’ perjured testimony. So much for the law- especially when an individual is impecunious and has no attorney.
A statement is capable of a defamatory meaning if it “tends to expose one to public hatred, shame, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace or to induce an evil opinion of one in the minds of right-thinking persons, and to deprive one of their confidence and friendly intercourse in society.” (Kimmerle v. New York Evening Journal, 262 N.Y. 99, 102.)
A statement is “reasonably susceptible” of a defamatory meaning when it “tends to expose a person to hatred, contempt or aversion, or to induce an evil or unsavory opinion of him in the minds of a substantial number of the community.” (Tracy v. Newsday, Inc. 5 N.Y.2d 134, 136)
In Balabanoff v. Hearst Consolidated Publications, 294 NY 351 at 354, the Court ruled: “Words which alone are innocent may in the context clearly be capable of defamatory meaning and may be so understood.” The Court continued at page 356: “The reason is that in libel the matter is defamatory, not only if it brings the party into hatred, ridicule or contempt by asserting some moral discredit upon his part, but also if it tends to make him be shunned or avoided, although it imputes no moral turpitude to him.”
As stated in Hoeppner v Dunkirk Printing, 254 N.Y. 95, 106: By actual malice is meant personal spite or ill will, or culpable negligence.” And Hoeppner further elaborates at 106: “No comment or criticism, otherwise libelous, is fair or just comment on matter of public interest if it be made through actual ill will and malice.” Antar made these statements about Plaintiff with ill will and malice because Antar read the letter, dated 2 July 2007, from the Anti-Defamation League to Plaintiff, which letter absolved Plaintiff from anti-Semitism. This letter appeared on a post by Judd Bagley and Antar responded to the post. Yahoo knew that Plaintiff was not an anti-Semite because Plaintiff stated that the Anti-Defamation League had absolved Plaintiff of anti-Semitism in Plaintiff’s letters of 6 September 2007 to Jerry Yang, Chairman of Yahoo, and to Michael Callahan, General Counsel of Yahoo.
In Rinaldi v Holt Rinehart & Winston, 42 N.Y.2d 369 at 379 (1977) the Court stated: “Any written or printed article is libelous or actionable without alleging special damages if it tends to expose the plaintiff to public contempt, ridicule, aversion, or disgrace, or induce an evil opinion of him in the minds of right-thinking persons, and to deprive him of their friendly intercourse in society.”
In Cecile Herlihy, Respondent, v. Metropolitan Museum of Art, Defendant, and Ruth Zalinka, et al., Appellants, 214 AD2d 250, at 259, 260, the Appellate Division held: “Malice has been defined as “personal spite or ill will, or culpable recklessness or negligence.” Hoeppner v. Dunkirk Printing Co. 254 NY 95, 106 quoting Cherry v. Des Moines Leader, 114 Iowa 298, 300, and may be inferred from a defendant’s use of expressions beyond those necessary for the purpose of the privileged communications (Mellen v. Athens Hotel Co. 153 App Div 891) or from a statement that is “so extravagant in its denunciations or so vituperative in its character (Ashcroft v. Hammond, 197 NY 488, 496) as to warrant an inference of malice.”
The Court continued in Herlihy: “In the matter at hand, plaintiff is alleged to have made certain anti-Semitic remarks, which disparaged all Jews and which, if attributed to her, would subject her to the scorn and contempt of the community…. There can be no dispute that if these alleged statements were false, defendants’ allegations to the Museum’s supervisors could well be determined, by a trier of fact, to have been made solely to harm plaintiff”
On pages 261-262 of Herlihy the Court elaborated: “Plaintiff has also properly set forth a cause of action for slander per se. Words which have a tendency to disparage an individual, inter alia, in the way of her office, profession, trade, or business are slanderous per se. (Nichols v. Item Publishers 309 NY 596, 600-601; Liberman v. Gelstein, supra at 435; Warlock Enterprises v. City Center Associates 204 AD2d 438; DeBlasio v. North Shore Hospital 213 AD 584; Restatement [Second] of Torts 570-573). The words should be considered in the context in which they were used and whether they can be readily interpreted as imputing to plaintiff “fraud, dishonesty, misconduct or unfitness in [her] business.” Vacco v. General Electric Credit Corp., supra, at 740; Russo v. Padova, 84 AD2d 925).”
The Court continued in Herlihy: “Here, the natural connotation of defendants’ statements is that plaintiff was anti-Semitic and biased in her treatment of Jewish volunteers. Cross and brazen anti-Semitism would certainly be incompatible with the proper conduct of plaintiff’s duties as she was in a position where she had regular and substantial interaction with the public, as well as the Museum’s volunteers, a number of whom are Jewish. Since the ability to interact with many diverse peoples is essential to the successful performance of her supervisory duties, defendants’ allegations reference a matter of significance and importance to plaintiff’s profession and are not merely a general reflection upon her character or qualities (Liberman v. Gelstein, supra, at 436; Prosser and Keeton S112 at 791 [5th ed.]).”
Plaintiff believes that the matter discussed in Herlihy is directly applicable to Plaintiff’s lawsuit against Yahoo!.
In Nichols v. Item Publishers, Court of Appeals of New York, 309 NY 596 at 600, the Court ruled: “The general rule, we stated in Mencher v Chesley (297 NY 94, 100), is that “A writing is defamatory- that is, actionable without allegation of proof of special damage- if it tends to expose a person to hatred, contempt or aversion, or to induce an evil or unsavory opinion of him in the minds of a substantial number of the community, even though it may impute no moral turpitude to him.” And to that listing of the defamatory should be added a writing which tends to disparage a person in the way of his office, profession or trade. (See e.g., Nih v Bolman, 307 NY 725; Rager v McCloskey, 305 NY 75, 79; Kleeberg v Sipser, 265 NY 87; Sanderson v Caldwell, 45 NY 398, 405; Potter v New York Evening Journal Pub. Co., 68 App. Div. 95, 99.) The publisher of a libel may not, of course, escape liability by veiling a calumny under the artful or ambiguous phrases and, if any common-sense construction of what was written justifies or supports a defamatory meaning, it will be for the jury, not the court on motion to decide whether the writing was or was not defamatory. (See Mencher v Chesley, supra, 297 NY 94, 102.)
In Clint Eastwood v National Enquirer, 149 Cal. App. 3d 409, 424 (1983), the Court stated: “in defamation actions brought by private individuals, the Supreme Court has allowed any appropriate standard of scienter to be used, short of liability without fault. (See e.g., Time Inc. v Firestone (1976) 424 U.S. 488; Gertz v Robert Welch, Inc. (1974) 418 U.S. 323, 347.) Thus, a private-party plaintiff may sue for negligent publication of defamatory falsehoods.”
In R. Selleck v Globe International, 166 Cal. App. 3d 1123 at 1131, the Court stated: “It is error for a court to rule that a publication cannot be defamatory on its face when by any reasonable interpretation the language is susceptible of a defamatory meaning.”
Being termed an anti-Semite, a false and willful defamation, harms anyone and is libel per se for an individual, who is a reporter because it harms the reporter in his profession. And Yahoo has permitted Plaintiff to be termed an anti-Semite by a convicted felon and then, Yahoo has not permitted Plaintiff Manfredonia to refute this defamation. Most importantly these defamations, which state that Plaintiff Manfredonia is an anti-Semite, have appeared repeatedly on Yahoo and Yahoo has refused to delete these posts. Furthermore, Plaintiff has been denied paid employment as an investigative reporter because Yahoo knowingly and willfully posted Antar’s malicious defamatory statement.
In this instance there is no doubt that the term, anti-Semite, possesses a defamatory meaning- especially in New York City, where many survivors of Hitler’s concentration camps, including Auschwitz, reside. It is here that Plaintiff must remind the learned Judges that there is a wall of photographs of victims of anti-Semitism and individuals, who have survived Hitler’s persecutions on the wall of the Courthouse. Whenever a Judge or employee of the Court enters this building, he, or in the case of the present Judges, she, is reminded of the hateful message of anti-Semitism. The Judges must remember that Sam E. Antar, Gary Weiss, and Howard Sirota have defiled the memories of Hitler’s victims by terming Plaintiff an anti-Semite so that the criminal activity of Sam E. Antar, Gary Weiss and Howard Sirota could flourish.
Plaintiff must note that Plaintiff has authored investigative articles about Goldman Sachs, which in the minds of many individuals is a “Jewish” investment firm- Goldman’s top three executives Lloyd Blankfein, Jon Winkelried and Gary Cohn are Jewish. Plaintiff’s articles about Goldman Sachs have concentrated on accounting fraud, illegal trading, price fixing in Exchange Traded Funds, illegal trading of Collateralized Mortgage Obligations, and Goldman’s liabilities for the Collateralized Mortgage Obligations, which Goldman Sachs sold to its clients.
On 9 April 2007 Plaintiff Manfredonia posted Msg: 6345 on the InvestorVillage OSTK Message Board:
If you google my name, you shall find an excellent article concerning questionable accounting practices at Goldman Sachs. The article, Goldman Sachs’ Obscene Bonuses, was published by Black Star News.
Respectfully submitted,
Edward Manfredonia
So, it was known to Sam E. Antar that Plaintiff Manfredonia had attempted to begin a career as a journalist.
Yahoo has permitted Plaintiff to be termed an anti-Semite by a convicted felon and then, Yahoo supported this defamation by not permitting Plaintiff Manfredonia to post rebuttals to Sam E. Antar’s willful and malicious defamations. Yahoo has not permitted Plaintiff Manfredonia to refute this defamation. Thus, Yahoo itself has chosen to state the defamation that Plaintiff Manfredonia is an anti-Semite. Can anyone be expected to believe Plaintiff Manfredonia is unbiased in his reporting if Plaintiff Manfredonia is an anti-Semite? The answer is a resounding, No.
Yahoo has permitted its Internet Message Boards to be open to the public. Yahoo claims the right to ban individuals from posting. But this ban must be uniform and the principles underlying the ban must be stated and adhered to. Allowing Jew haters to post messages calling for Jews to be placed in ovens and then banning Plaintiff Manfredonia for proving that Sam E. Antar and Gary Weiss violated the Torah and Talmud is an egregious violation of Yahoo’s own code of conduct. Furthermore, Yahoo has permitted Sam E. Antar, a convicted felon and perjurer, to defame Plaintiff and then has denied Plaintiff, a bona fide whistle-blower, the right to defend his good name.
It is readily apparent that Yahoo has permitted Sam E. Antar and others to post defamatory messages, which state that Plaintiff is an anti-Semite, because Yahoo is afraid that if Yahoo permitted Plaintiff to post rebuttals Sam E. Antar would then post messages on various message boards that Yahoo was anti-Semitic. And being labeled an anti-Semite by Sam E. Antar, even though Antar is a convicted felon, would be the kiss of death for Yahoo!. Thus, Yahoo sacrificed Plaintiff Manfredonia so that Sam E. Antar would not defame Yahoo and inflict tortious interference with prospective business upon Yahoo for not having Sam E. Antar labeling Yahoo as an anti-Semitic organization- and that makes Yahoo liable. That renders Yahoo liable for special damages!
Not one newspaper or magazine has spoken to Plaintiff Manfredonia, let alone mentioned Plaintiff Manfredonia’s articles because Plaintiff has been termed an anti-Semite- and Yahoo has given its imprimatur to this definition of Plaintiff Manfredonia as an anti-Semite. Not even the Columbia Journalism Review has responded to Plaintiff’s articles and telephone calls. Thus, Plaintiff has been harmed in his profession- and this should qualify as libel per se.
Does the Court reasonably expect anyone to reprint and quote any articles by Plaintiff Edward Manfredonia, when Yahoo has not only permitted convicted felons to post false, willful, and malicious defamations, which defamations state that Plaintiff Manfredonia is an anti-Semite, but has even banned Plaintiff Manfredonia from utilizing Yahoo’s e-mail service? And that was the purpose of the defamation- to keep criminal activity by Gary Weiss and Sam E. Antar from being exposed on Yahoo by defaming Plaintiff.
Furthermore, Plaintiff Manfredonia has suffered harm to his reputation because Yahoo has permitted Sam E. Antar to continually and repeatedly defame Plaintiff Manfredonia on Yahoo’s Message Boards and Yahoo has not accorded Plaintiff his right to refute the lies of Sam E. Antar- and thus Yahoo has given its imprimatur to Antar’s willful and malicious defamation. On his June 8, 2007 blog, Sam E. Antar has proudly proclaimed in large, bold type: “Yahoo had continually deleted Edward Manfredonia’s anti-Semitic remarks.” Thus, Sam E. Antar has used Yahoo’s banning of Plaintiff Manfredonia as an imprimatur that Plaintiff is anti-Semitic. In reality, Sam E. Antar is nothing more than a huckster- and continues to be a fraud. Sam E. Antar knew of tax fraud and money laundering by the Antar family. Plaintiff sought to expose this money laundering and tax fraud- and for this Plaintiff has been defamed by Sam E. Antar- with the full consent of Yahoo. Plaintiff would have exposed the criminal activities of the Antar family on Yahoo Message Boards- if not for Yahoo’s selective curtailment of Plaintiff’s right to defend his good name.
Thus, we have these postings by Sam E. Antar, which prove the actual malice and libel per se of Sam E. Antar- libel per se in which Yahoo assented by permitting these posts:
Re: OSTK is a POS with no earnings 8-Apr-08 10:32 am
Hey Judd Bagley:
… what are your future job prospects after your collusion with Edward Manfredonia to spread vile anti-Semitic comments on antisocialmedia.net?
Kindest regards,
Sam E. Antar (former Crazy Eddie CFO and a convicted felon)
The above message proves that Sam E. Antar desires to cause financial ruin not only Judd Bagley, but also Plaintiff Manfredonia in their respective professions.
And it is here that it must be stated most emphatically that Plaintiff Edward Manfredonia was denied a position as a full time (paid) reporter for The Black Star News as a direct result of being labeled as an anti-Semite by Sam E. Antar on the Yahoo Internet Message Board. Furthermore, Plaintiff was denied the opportunity to sell advertising for The Black Star News- a lucrative position because Plaintiff was falsely accused of being an anti-Semite on the Yahoo Internet Message Boards.
Re: Naked shorting comes full circle 7-Apr-08 02:36 pm by samantarconvictedfelon
Hey Judd Bagley:
……
Do you believe that you will ever be able to work for a politician again after you colluded with Edward Manfredonia to spread venomous anti-Semitic comments about your boss’s critics and others?
Kindest Regards,
Sam E. Antar (former Crazy Eddie CFO and a convicted felon)
It is thus, obvious and in plain sight that the willful purpose and intent of Sam E. Antar, a convicted felon, is to prevent Judd Bagley and Plaintiff Manfredonia from obtaining employment- and thus to create economic harm to Plaintiff. That is proof of actual malice and libel per se. And Yahoo condones these postings. Sam E. Antar does not have to worry about employment. Sam E. Antar lives off the proceeds of the real estate interests of his wife’s family. Sam E. Antar has no assets- and had filed for bankruptcy circa 1998. But Sam E. Antar uses the business of his wife’s family to serve as an illegal conduit of payments to Barry Minkow, like Sam E. a convicted felon and stock fraud artist, via Minkow’s Fraud Discovery Unit. Minkow owes money to the federal government and has his paycheck garnished. But if the money is laundered via Minkow’s Fraud Discovery Unit, Minkow can avoid having the money garnished.
Yahoo has prevented Plaintiff Manfredonia from obtaining a full-time paid position as a reporter for The Black Star News and also from obtaining a paid position to sell advertising because Plaintiff had been defamed as an anti-Semite on various Yahoo Internet Message Boards. This is not only defamation per se, but also tortuous interference with prospective economic advantage.
In Treppel v Biovail Corporation, Eugene Melnick et al, 2005 U S Dist LEXIS 18511, 13, the Court stated: “To establish a claim for tortuous interference with prospective economic advantage, plaintiff must prove: (1) there was a business relationship with a third party; (2) defendants knew of that relationship and intentionally interfered with it; (3) defendants either acted “solely out of malice” or used “wrongful means;” and, (4) defendants’ interference caused injury to the relationship with the third-party. See Carvel Corp. v Noonan, 350 F3d 6, 17 (2d Cir.) 2003).
The Court continued in Treppel at 22: “As the Court sated n Treppel I, to establish a defamation claim under New York law, the plaintiff must prove four elements in order to prevail: (1) a false and defamatory statement of fact; (2) regarding the plaintiff; (3) published to a third party by the defendant; and, (4) resulting in injury to the plaintiff. See Dellefave v Access Temps., Inc., 2001 U S Dist LEXIS 97, No. 99 Civ. 6098, WL 25745, at 4 (SDNY Jan. 10, 2001) (citing Weldy v Piedmont Airlines, Inc., 985 F2d 57, 61 (2d Cir. 1993)). A defamatory statement is one that leaves an individual vulnerable to “public hatred, shame, or …[which] induce[s] an evil opinion of one in the minds of right-thinking persons and … deprives one of … confidence and friendly intercourse in society.” Celle v Filipino Reporter Enters. Inc., 209 F3d 163, 167 (2d Cir. 2000)
The Court continued: “In addition to the aforementioned elements, a claimant in a defamation action must also plead special damages unless the language at issue qualifies as defamation must also plead special damages, unless the language at issue qualifies as defamation per se. Defamation per se may be defined as a statement that casts aspersions upon the basic character and integrity of an individual or business. Thus a statement “which tends to disparage a person in the way of his office, profession or trade” is defamatory per se and does not require proof of special damages because injury is assumed. Davis v Ross, 754 F2d 80, 82 (2d Cir. 1985) quoting Nichols v Item Publishers, 309 NY 596, 602, 132 NE2d 860 (1956); see also Four Stage Lighting, Inc. v. Merrick, 56 AD2d 767, 768 392 NYS2d 297 (app. Div. 1977) (holding that “words are libelous if they affect a person in his profession, trade or business by imputing to him any kind of fraud, dishonest, misconduct, incapacity, unfitness or want of any necessary qualification in the exercise thereof”).
Antar launders money via his wife to pay Barry Minkow’s Fraud Discovery Unit for negative reports so that the individuals, hedge funds, which launder their money via Sam E. Antar, can profit on a decline in the stock price. Not even the Italian Mafia involves wives in their criminal activity.
But there is something more sinister here. Plaintiff is being smeared by Sam E. Antar because Gary Weiss, a disgraced former reporter for BusinessWeek and friend of Sam E. Antar, has been exposed by Plaintiff Manfredonia. Weiss cannot term Plaintiff an anti-Semite because Plaintiff Manfredonia and Weiss worked closely for two and a half years and collaborated on several articles. So, Weiss knows that Plaintiff Manfredonia is not an anti-Semite, but Weiss has utilized Sam E. Antar to defame Plaintiff so that Weiss can cover up his criminal activities.
The reason that Plaintiff Manfredonia is being defamed on Yahoo Message Boards as an anti-Semite is because Plaintiff Manfredonia knows that Sam E. Antar and Howard Sirota, a class action attorney, are covering up the fact that the Antar family was permitted to keep tens of millions of dollars, which they had stolen from the American public, Christians, Jews, Muslims, Hindus, etc., and have secreted this money in Israeli Banks. Currently, the Antar family is repatriating this money back into the Untied States- illegally. The Court must note that it is a matter of public record that the Antar family had laundered the money, which it stole from the American public via the stock fraud, Crazy Eddie, into Israeli bank accounts at Bank Leumi.
Thus, Plaintiff wrote a letter, dated 26 May 2007, to United States Attorney General Alberto Gonzales concerning the money laundering of Crazy Eddie Antar. And Plaintiff must briefly discuss the Crazy Eddie stock fraud.
In September 2005 Plaintiff Manfredonia was at Supreme Court for the County of New York, which is situated at 60 Centre Street in Manhattan. There Plaintiff met an individual, who informed Plaintiff that he was a cousin of Crazy Eddie Antar. This individual was accompanied by his friend. The cousin told Plaintiff Manfredonia that Crazy Eddie had kept tens of millions of dollars, which Crazy Eddie had illegally earned by shorting the stock of Crazy Eddie in Israeli accounts. The cousin told Plaintiff Manfredonia that Eddie Antar was laundering the money into the United States via an Israeli Bank. The individual also told Plaintiff that Eddie Antar had sent $20,000 to his sister to pay for the bat mitzvah of Eddie’s niece. Plaintiff eventually disclosed this information on the InvestorVillage Overstock message board.
On 24 February 2007 Plaintiff posted the following message on the InvestorVillage Message Board for Overstock:
OSTK msg # 5110 2/24/2007 7:56:46 AM
sam antar- the truth
By: ed manfred
That your brother, Eddie “Crazy Eddie” Antar, had sent $20,000 for his niece’s bat mitzvah.
The money was wired into the United States from a bank in Israel.
This information came from one of your cousins.
So, if you are such an honest man, you will report this incident to the FBI because several laws were violated.
Taxes were not paid on this money.
Thank you.
Sincerely,
Ed Manfredonia
Soon thereafter Plaintiff Manfredonia posted this information on the Yahoo Internet Message Board for Overstock. Yahoo can provide this message to Plaintiff because it is in the exclusive control of Yahoo, which retains copies of all postings on its computers.
So it is obvious that Sam E. Antar defamed Plaintiff Manfredonia with willful and actual malice because Plaintiff knew that the Antar family had been laundering money into the United States- illegally. Eventually, Sam E. Antar admitted on June 25, 2007 on his blog that Sam’s cousin, Eddie Antar had laundered $6 million via an Israeli hospital.
The cousin of Eddie Antar also stated that various members of the Antar family held onto millions in stolen funds, which were kept in Israeli Banks.
But the cousin then made one momentous statement. The cousin told Plaintiff Manfredonia that a Sephardic (Syrian) Jewish attorney had permitted Eddie Antar to keep tens of millions of dollars in stolen money, which Eddie Antar had kept in Israeli banks.
Plaintiff Manfredonia did not understand the extreme importance of this statement. Plaintiff Manfredonia had believed that it had been a defense attorney to whom the cousin of Eddie Antar had referred. Plaintiff mistakenly believed that the lead firm in the class action lawsuit against Eddie Antar and other members of his family, who had participated in the stock fraud, was Milberg Weiss. Plaintiff Manfredonia was mistaken. The lead attorney in the class action against the Antars was Sirota & Sirota, a class action firm. Furthermore, a named partner, Rochelle Roffe Sirota, the wife of Howard Sirota and thus the second Sirota in the firm’s name, was a Syrian Jew with extensive contacts in the Syrian Jewish community to which Eddie Antar and the other members of the Antar family belonged.
This is what occurred- according to Crazy Eddie’s cousin. Howard Sirota and his wife, Rochelle Roffe Sirota, approached members of the Antar family. Howard Sirota and his wife then stated to Crazy Eddie and other members of the Antar family that the case was too big- the money had to be returned. But if a sufficient amount of money were returned, Eddie Antar and other members of his family could keep tens of millions of dollars.
Thus, Howard Sirota and his wife permitted Crazy Eddie Antar and other members of his family to keep upwards of one hundred million dollars in money, which they illegally earned by shorting the stock of Crazy Eddie in offshore accounts.
Plaintiff Manfredonia has provided the background information for the raison d etre of Plaintiff’s defamation by Sam E. Antar, Howard Sirota and Gary Weiss.
Plaintiff shall now introduce absolute evidence that Plaintiff’s comments concerning violations of the Talmud: Yael Mazar, Assistant Director of the Anti-Defamation League has provided Plaintiff Manfredonia with a letter, dated July 2, 2007, that states “no further action will be taken by the ADL with regard to your complaint, or any complaint by Mr. Sirota or Mr. Weiss on this matter. In short, we do not see an ADL issue in these matters.” That is absolute proof that Plaintiff’s statements were not defamatory. Plaintiff Manfredonia does not wish to belabor the point, but in the course of a trial Plaintiff shall provide affidavits from members of the Jewish faith, ranging in persuasion from ultra Orthodox to totally secular; from those, who believe that the State of Israel shall exist only when the Messiah comes to those, who are citizens of the State of Israel, and who passionately believe in the existence of the State of Israel- and each of these affidavits shall state that Plaintiff Manfredonia is most assuredly not an anti-Semite.
Yahoo has obliterated Plaintiff’s comments from the Yahoo Internet Message Board for Overstock. Yahoo has impinged upon Plaintiff’s right to clear his good name. Plaintiff, therefore, demands that Yahoo retrieve every posting that Plaintiff Manfredonia has made on the Yahoo Internet Message Board for Overstock. In the course of a trial, these postings shall prove that Plaintiff Manfredonia is not an anti-Semite- but rather that Sam E. Antar and Gary Weiss have violated Jewish law.
Furthermore the defamatory statements of Antar and Weiss have been posted on other message boards on the Internet . The fact that Yahoo has banned Plaintiff from posting and has obliterated Plaintiff’s messages is prima facie proof to many that Plaintiff is an anti-Semite- and thus Yahoo is liable for Special Damages for libel per se.
As required by law, Plaintiff notified Yahoo by certified letter with a return receipt of the defamatory statements, which were posted on the Yahoo Internet Message Board for Overstock.com. Collectively these letters, which Plaintiff has listed below re collectively Exhibit 11:
1. Terry Semel, Chief Executive Officer, Yahoo, 26 January 2007, certified mail 7005 1820 0001 8055 0811. Regarding various postings, Plaintiff stated:
“I was defamed.”
“You deleted my e-mail account.”
“I fully expect an explanation for this.”
….
If this happens again, I shall initiate a defamation lawsuit against you in federal court.”
2. Terry Semel, Chief Executive Officer, Yahoo, 29 January 2007, certified mail 7005 1820 0001 8055 1689 (no return receipt). Included with this missive were four pages of defamatory statements and the sobriquets of each of these individuals. Plaintiff stated in this letter:
“I fully expect you to delete all offending messages in my name.”
“Furthermore, you have deleted my Yahoo account and I fully expect you to return my account to me.”
“The statements, which you have permitted, are defamatory. Furthermore, you have deleted my counterstatements. I believe that this is a foundation for a defamation lawsuit.”
3. Terry Semel, CEO Yahoo, 6 June 2007, certified mail 7007 0710 0005 4534 9406. This missive describes Plaintiff being stalked by someone, who utilized the sobriquet, Manfredonia_the_Crank.
4. Terry Semel, CEO, Yahoo, 8 June 2007, certified mail 7007 0710 0005 4534 9420. Plaintiff stated:
“Once again I am being stalked on Yahoo Overstock Board. This time I am being threatened with physical violence by Howard Sirota, an attorney who has been arrested for assault.”
5. Terry Semel, CEO, Yahoo, 10 June 2007, certified mail 7007 0710 0005 4534 9444. Plaintiff wrote:
“I have been threatened with physical violence on the Yahoo Overstock Message Board. The deranged individual, who threatened me, is Howard Sirota, an attorney from Queens County, New York City.”
6. Jerry Yang, President, Yahoo, 6 September 2007, certified mail 7007 0710 0005 4532 9194. In this missive Plaintiff wrote:
“You (YAHOO) have permitted a convicted felon, Sam E. Antar, to defame me and state that I am an anti-Semite.”
“As for my so called anti-Semitism, the Anti-Defamation League has stated that I am not an anti-Semite.”
“I am entitled under the laws of defamation to refute my accusers.”
7. Michael Callahan, Executive Vice President and General Counsel, Yahoo, 6 September 2007, certified mail 7007 0710 0005 4532 9194. This letter is virtually identical to Plaintiff’s 6 September 2007 letter to Jerry Yang.
8. Jerry Yang, President, Yahoo, 13 September 2007, certified mail 7007 1490 0002 7365 4984. In this letter Plaintiff stated:
“not only do I want all offending comments removed,”
“Now, you can read my letter and have your attorneys read my certified letters and accompanying documents.”
“Then have one of your attorneys write to me.”
Yahoo responded to Plaintiff’s first missives and deleted Sam E. Antar’s posts- but then, after having received Plaintiff’s other letters, refused to delete Sam E. Antar’s willful and malicious defamatory statements- and this is willful, deliberate and actual malice. Even worse, Yahoo wished to show Plaintiff that Yahoo could do what it wished and then Yahoo permitted Sam E. Antar, a convicted felon, stock fraud artist, and admitted perjurer, to post additional defamatory messages that attacked Plaintiff Manfredonia as an anti-Semite.
No action was undertaken by Yahoo. Yahoo has permitted defamatory statements, which Yahoo knew were false and defamatory, to be posted on Yahoo Message Boards concerning Plaintiff Manfredonia. And Yahoo permitted these defamatory statements even after Plaintiff Manfredonia had stated in Plaintiff’s 6 September 2007 letters to Jerry Yang and Michael Callahan that “the Anti-Defamation League has stated that I am not an anti-Semite.” Of course, why should Yahoo believe Plaintiff? Plaintiff is not a convicted felon, like Sam E. Antar, who has stolen hundreds of millions of dollars.
The Court must note that Yahoo permitted multiple posts by Sam E. Antar, a convicted felon, that defamed Plaintiff Manfredonia with the term anti-Semite. Multiple posts were discussed in a Court decision by the United States Court of Appeals for the Second Circuit, Lino Celle and Radio Mindanao Network, USA, Plaintiffs-Appellees v. Filipino Reporter Enterprises Inc. and Libertito Pelayo, Defendants-Appellants 209 F.3d 163, 2000. Plaintiff quotes the discussion of the single instance rule: “The New York single instance rule is a narrow exception to the principle that a statement tending to disparage a person in his or her office, profession or trade is defamatory per se. It applies “where a publication charges a professional person with a single error in judgment, which the law presumes not to injure reputation.” Armstrong v. Simon & Schuster, Inc. 85 N.Y.2d 373, 649 N.E.2d 825, 828, n.5, 625 N.Y.S2d 477 (N.Y. 1995).” Celle v Filipino Reporter, 209 F.3d 163, 180.
The Court continued: in 209 F.3d 163, 180: “As its appellation implies, the single instance exception does not apply where a publication or article charges a plaintiff with multiple wrongful acts or lapses in judgment. See e.g. Ocean State Seafood, Inc. v. Capital Newspaper, 112 A.D.2d 662, 666, 492 N.Y.S.2d 175 (3d Department 1966).
Listed below are some defamatory statements, which were made by Sam E. Antar, a convicted felon and self-proclaimed perjurer, under the sobriquet, samantarconvictedfelon, on the Yahoo Internet Message Board for Overstock.com:
On 13 March 2008 at 03:10 am: You may want to visit your anti-Semitic pal, Edward Manfredonia,
On 13 March 2008 at 2:41 am: Judd Bagley let his pal and advisor Edward Manfredonia post anti-Semitic comments on antisocialmedia.net.
On 10 March 2008 at 08:37 am: He’s back, Edward Manfredonia the delusional anti-Semite
On 28 February 2008 at 05:26 pm: Hey Judd Bagley: I, Sam E. Antar represent that you colluded with Edward Manfredonia to disparage certain critics of you and Patrick Byrne with vile anti-Semitic..
On 27 February 2008 at 10:19 pm: InvestorVillage allowed Edward Manfredonia to spew out vile anti-Semitic
On 11 February 2008 at 09:50 pm: the CEO of Overstock.com, Patrick Byrne, defends Judd Bagley’s collusion with Edward Manfredonia to spread anti-Semitic smears.
And on and on. Sam E. Antar is a convicted felon, who stole hundreds of millions of dollars from American citizens- and when Plaintiff proved that Sam E. Antar was still a thief at heart, Sam E. Antar, with the extraordinary help of Yahoo, labeled Plaintiff an anti-Semite. Even worse, Yahoo has consistently refused Plaintiff’s First Amendment Right to defend Plaintiff’s good name against the defamations of Sam E. Antar- and Yahoo knows that these defamations were made with malicious intent. (Plaintiff has included the defamatory posts on Yahoo Message Boards as Exhibit 12)
Let us examine Howard Sirota’s 8 June 2007 post on the Yahoo Internet Overstock Message Board- which is still accessible: “Meanwhile, Judd Bagley’s website wwww.antisocialmedia.net posts anti-Semitic slurs by someone named Edward Manfredonia.”
“I have no position in OSTK but I also have ZERO TOLERANCE for all anti-semites.”
“I understand that I can’t stop people from hating Jews, just as I can’t exterminate cockroaches from the planet. What I can and will do is step on as many as I can.”
Plaintiff has not included Howard Sirota’s rant in its entirety, but it must be noted that Howard Sirota stated that he would find out Plaintiff’s personal information “and turn it all over to the feds and the B’Nai Brith Anti-Defamation League.”
Obviously Howard Sirota did not perform a search. Plaintiff’s home address and telephone number are readily available on the Internet. Most importantly, in a response to Plaintiff’s letter the B’Nai Brith Anti-Defamation League has stated that Plaintiff Manfredonia’s statements concerning are not anti-Semitic, but Plaintiff’s statements are of a personal dispute.
Howard Sirota is only accustomed to dealing with cowards like himself. If Plaintiff has stood up to the FBI and the Italian Mafia, does Howard Sirota believe that Plaintiff is afraid of Howard Sirota. If Sirota were such a tough guy, he would have volunteered for service in Vietnam- instead of hiding.
On 11 June 2007 after Judd Bagley exposed Howard Sirota’s use of an alias, StanleySargoy, to attack a publicly listed company, Usana, Sirota posted on the Overstock Yahoo Internet Message Board under the heading, Jewish Boycott of Overstock.com: “I no longer have any doubt who the anti-Semites are…Judd Bagley, Edward Manfredonia …”
‘No self-respecting Jew should ever be a customer of Overstock.com.”
“I’m calling for a boycott of Overstock.com by Jews and righteous gentiles who oppose bigotry.”
“So sue me and give me subpoena power.”
Howard Sirota has a unique view of anti-Semitism. If a goy, an individual who is not a Jew, exposes illegal activity by Sam E. Antar, Gary Weiss, and Howard Sirota that goy is an anti-Semite. Obviously Sirota with the indictment of Mel Weiss in his mind has taken a new view to initiate class action suits- attack the company yourself with an alias.
Yahoo has not only permitted Plaintiff Manfredonia to be defamed as an anti-Semite on the Yahoo Internet Overstock Message Board, but Yahoo has permitted Sam E. Antar, a convicted felon who stole millions of dollars from the American public, to defame Plaintiff Manfredonia as an anti-Semite on the Yahoo Internet Usana Message Board- where Plaintiff has never posted. Plaintiff Manfredonia has provided copies of these defamatory statements, which have appeared on the Overstock and Usana Yahoo Message Boards as Exhibit 12.
Plaintiff has have quoted from a post by Judd Bagley, which appeared on the Yahoo Internet Message Board for Usana.
Re: To Judd Bagley Re: Anti-Semitism 29-Jan-08 04:07 pm
Unlike you, Sam, I don't believe in moderating comments on my blog.
Of course the point really is moot, Sam. After all, the Anti-Defamation League is a better arbiter of what is and is not true "anti-Semitism" than you, Gary Weiss or Howard Sirota. And in this case, the ADL took a look and said there was nothing there.
See for yourself: http://antisocialmedia.net/media/ADL.pdf
Sorry to deny you the "anti-Semitism" card, Sam. Got anything else??”
But there is proof that Sam E. Antar knew that the Anti-Defamation League had stated that Plaintiff Manfredonia is not an anti-Semite- because Sam E. Antar read Judd Bagley’s post of 29 January 08 at 04:07 p.m. and responded several times to the post- including the post mentioned below.
Re: To Judd Bagley Re: Anti-Semitism 29-Jan-08 05:05 pm by samantarconvictedfelon
Do you recall this email exchange that was published on my blog?
From Howard Sirota to Joseph J. Tabacco Jr:
Dear Joe,
While I think you'll end up regretting your decision to join the Board of Overstock.com, that's really your own business.
I'm sure that you are unaware that someone named Edward Manfredonia is posting anti-semitic comments on www.antisocialmedia.net run by Judd Bagley, who works for Overstock.com.
Now you are on actual notice of the anti-semitic website run by an employee of the public company of which you are a Director. I expect you to make inquiry and take immediate corrective action.
If not, the ADL and I will do it for you.
This is NOT about any short-selling controversy. I have no position in OSTK.
This is about anti-semitism, which I won't countenance. Neither would the Joe Tabacco I knew.
Make it stop!
Regards,
Howard
Joseph J. Tabacco Jr. wrote the following e-mail to Howard Sirota:
From: Joseph J. Tabacco, Jr.
Sent: Friday, June 08, 2007 1:40 PM
To: Howard Sirota
Subject: RE: Anti-Semitic Comments on antisocialmedia.com
Thanks Howard, I will look into this, you are correct this is not something obviously that I had been aware of.
Now, Joseph J. Tabacco is a class action attorney and does not care about what is right and what is wrong. Plaintiff cannot afford to pay Tabacco’s fee- so Plaintiff is expendable. And Tobacco advised the people at Overstock not to assist Plaintiff in exposing the lies of Weiss and Antar. Just look at the named partners in the law firm of Joseph Tabacco. They are Jews and the false imprimatur of anti-Semitism by a disreputable attorney, such as Howard Sirota, was sufficient for Tabacco to inform his client, Overstock, to withdraw from contact with Plaintiff. So much for Tabacco being an American.
Everyone knows that being called an anti-Semite is the kiss of death in the United States- especially in New York City. So, Howard Sirota, Sam E. Antar and Gary Weiss defamed Plaintiff on the various Yahoo Internet Message Boards (Overstock and Usana) so that Plaintiff could not prove that they were posting lies and perpetrating crimes. Incidentally, Howard Sirota never read Plaintiff’s postings on www.antisocialmedia.net. Also, Howard Sirota never read the postings on Yahoo Internet Overstock Message Board, which contained the word, Jew. If Sirota had read the messages, Sirota would have discovered that Gary Weiss, utilizing the sobriquet Lamborghini751, and Sam E. Antar had each posted in excess of 100 messages that contained the word, Jew.
But where were Sam E. Antar, Gary Weiss and Howard Sirota when Jew-haters were posting messages on Bear Stearns message boards calling for the extermination of the Jews. And it must be stated that Gary Weiss, a perjurer, thief and liar, referred to Plaintiff as a Jew-baiter in one of his anonymous posts.
It is here that Plaintiff Manfredonia must mention the debacle involving Rudy Giuliani.
As United States Attorney for the Southern District of the State of New York, Rudy Giuliani convicted many Wall Street criminals. But this proved his undoing. And the following was told to me by Gene Vorhand, an Orthodox Jew- and that is an important and pertinent fact.
Giuliani had successfully prosecuted Denis Levine, Michael Milken, Marc Rich, Pincus Green, etc. The Reichmanns of Olympia and York fame were incensed. So, they put up a man, Berger, whom Gene Vorhand described to me as a little crook, to smear Rudy Giuliani.
Berger made the statement that when he was being questioned in the office of the United States Attorney for the Southern District of the State of New York that there had been a swastika on the blackboard. The New York Post ran this lie on the front page. Rudy lost the election for Mayor of the City of New York.
And Gene Vorhand explained the reason for the defamation of Rudy- the false statement that there had been a swastika on a blackboard. Rudy Giuliani had arrested and convicted Marc Rich, Pincus Green, Michael Milken and other prominent Jews on Wall Street. Vorhand said that the Reichmann’s regarded Giuliani as a Nazi.
But then Vorhand related that there was a reward for this defamation of Rudy: The Reichmann’s received a tax break of approximately $160 million on their Olympia and York properties in New York City.
Who was Gene Vorhand, the Court might inquire. Gene Vorhand’s daughter was married to the son of a Reichmann. Vorhand frequently flew to Toronto to see his daughter. So, Vorhand knew apodictically why Giuliani had been smeared as an anti-Semite.
If the Court were to visit the website, antisocialmedia.net, which is maintained by Judd Bagley, the Court shall see definitive proof that Gary Weiss has utilized the sobriquet, Lamborghini751. The section is titled: “Full Circle With The Irony-Meter Maxed Out.”
The Court shall next examine the utterly reprehensible homophobic statements posted by Gary Weiss under the sobriquet, Laborghini751. And the Court must note that these homophobic postings were deemed acceptable by Yahoo. Note: Plaintiff has only been able to discover some of these statements, but Yahoo can easily provide the Court with the entire postings of Gary Weiss as Lamborghiini751. Plaintiff shall only present a few of these homophobic postings, which Plaintiff had retrieved before Weiss had deleted these postings from the Yahoo Internet Message Board for Overstock. Note: It is within the exclusive power and exclusive knowledge of Defendant Yahoo to provide the entire spectrum of Lamboghini751’s postings- in addition to postings that Weiss had made under other sobriquets.
On 14-Apr-06 06:33 p.m., under the heading, Hey Jbw:
In case you run into any of your old cellmates (link to K-Y Jelly, Personal Lubricant. P.S. Are you a “pitcher” or a “catcher”?
18-Apr-06 03:40 p.m., under the heading, Re: hillbillyceo: Weiss captured that
“I can’t help it if hillbillyceo is gay. He was born that way, brownshirt!”
20-Apr-06 07:36 p.m., under the heading, Re: 2000 options at 12:30 p.m.
“Well, why be a pedophile then? Don’t do it. Control your urges. Remember that it is against the law. Child molester. Cretin.”
20-Apr-06 07:38 p.m., under the heading, Re: Lambo- Don’t
“Are you sure you don’t mean BIG BLACK D---S? New element of racism here, among the lower grade of redneck baloney zombies.”
20-Apr-06 07:40 p.m., under the heading, Why pedophilia among the baloneys?
“Biophony and tenb_5. Both confessed pedophiles. Is there no depravity beneath these baloneys?”
20-Apri-06 09:50 p.m., under the heading Re: Gary Weiss
“Sounds like you have a gay thing for him. Not young enough for you I guess? Faggot.”
21-Apr-06 06:52 pm, under the hading, Re: Lambo’s back
“You keep on using the same lines over and over again biophony. Do you have a script, like the one you use on the suckers you rip off over the phone? So, how’s the NAMBLA small boy-action, homo?”
21-Apr-06 07:22 p.m., under the heading, Biophony’s Pedigree
“Well, lookit what we got here: the slime pit that spat out our favorite pedophile, Biophony!”
21-Apr-06 08:07 pm, under the heading, Re: Weiss Outed Biophony’s Firm!
“Yeah, I guess the hoods used to bench press little biophony over at Greenway. Did they smack you around much, faggot?”
23-Apr-06 10:17 am, under the heading Re: fear the bunny!!
“Did you send proxies out to your clients when you worked at Greenway, brownshirt? How’s the small boy action?”
27-Apr-06 12:50 p.m., under the heading, The Eagle $hits Tomorrow!
“Fixated on anal penetration. Are you gay? Nothing to be ashamed of. At least you’re not a @#$%e like tenb-nazi.”
24-May-06 08:56 p.m., under the heading Hey boddwuss
“Are you a pitcher or a catcher? Maybe you can come “out” and play with cherylann.”
24-May-06 09:06 pm, under the heading Re: lamborghini751
“My sentiment is I love you cupcake! Gimme a great big kissy kissy.”
24-May-06 09:08 pm, under the heading Gee hun
“That mean no kissy kissy?”
24-May-06 9:20 p.m., under the heading Re: lamborghini751
“Strong sell, now? AC/DC, huh, cupcake?”
These statements are liable per se- and examples of hate speech, at least the statements concerning pedophilia and NAMBLA. And Gary Weiss, utilizing the alias Lamborghini751, thought nothing of referring to his opposition as pedophiles, faggots, etc. Weiss defamed individuals on the Internet using an alias and posted homophobic comments under this alias, yet Yahoo permitted Weiss to post these ravings. And Yahoo has permitted Weiss to continue to post under the sobriquet, garyweissisright. Yahoo has not even reprimanded Weiss for these defamatory and hateful comments.
The question is why did not Yahoo delete these homophobic comments, yet Yahoo deleted Plaintiff Manfredonia’s comments, which proved that Gary Weiss and Sam E. Antar had violated the basic tenets of Jewish law- the Ten Commandments, which HaShem gave to Moses. The answer is religious bias. Yahoo knows that it is the kiss of death to be labeled anti-Semitic. If Yahoo were to post Plaintiff’s comments, Sam E. Antar would state that Yahoo were anti-Semitic. So, Yahoo chose to violate the First and Fourteenth Amendment Rights of Plaintiff – and permit Sam E. Antar, a convicted felon to defame Plaintiff. This is prima facie proof that Yahoo has permitted Plaintiff to be defamed and Yahoo has violated Plaintiff’s First Amendment rights.
Weiss also turned his attention to Plaintiff Manfredonia utilizing the alias Lamborghini751. Weiss could not attack Plaintiff Manfredonia directly under his name, Gary Weiss, because Plaintiff was a source for several of Weiss’ articles. And if Weiss directly criticized Plaintiff as an anti-Semite, then all Weiss’ articles would be questioned. So Weiss, as the coward he is, attacked Plaintiff Manfredonia under a pseudonym, Lamborghini751. The following is a small sample. Please note that Weiss deleted almost all his postings as Lamborghini751.
17-Apr-06 9:14 p.m., under the heading, Mutual brownshirt admiration society:
“Ed is the nut who thought that the judge tossed out his rambling, crazy lawsuit because the JUDGE WAS JEWISH.”
In the above posting Weiss conveniently has forgotten to mention Weiss’ own repeated instances of perjured testimony in affidavits, which perjured testimony Judge Stallman permitted to be accepted as truth- more accurately as Torah, not Talmud. Based upon Plaintiff’s observations Judge Stallman could only have permitted this perjured testimony because Gary Weiss is Jewish, as is Judge Stallman, and Plaintiff Manfredonia is a Catholic of Italian descent. And it must here be noted that not only did Judge Stallman permit Weiss’ perjured testimony to be accepted as Torah, but Judge Stallman himself committed perjury in his decision by repeatedly lying under oath. It was not Plaintiff’s initial belief that Stallman despised Plaintiff Manfredonia because of religious reasons. Plaintiff Manfredonia was informed of this by others.
17-Apr-06 10:31 p.m., under the heading, Eddie writes the pres:
“Incidentally, you cannot trust the Federal Bureau of Investigation. In the 1990s the Federal Bureau of Investigation and the Department of Justice were investigating Citibank and Bank of New York for money laundering. James Kallstrom, Assistant Director of the FBI in New York, provided Citibank and Bank of New York with privileged information including the names of cooperating witnesses, confidential informants, bank records, etc. And this was covered up by Mary Jo White, United States Attorney for the Southern District and the United States Attorneys for the Southern District, who succeeded Mary Jo White.” “This cannot be covered up any longer.”
Conspiracies! Cover ups! A perfect addition to the Baloney Brigade!
Yet, Weiss himself interviewed several American Stock Exchange members, who independently confirmed the truth of Plaintiff’s statements. Furthermore, Weiss knows that Plaintiff Manfredonia was kept under observation by an FBI Special Agent, who resided in the same apartment building and on the same floor as Plaintiff. This FBI Special Agent purchased a co-op in the building where Plaintiff resides with his college roommate. And where else but from an FBI Agent could Plaintiff have learned that James Kallstrom had provided information on investigations to the subjects of those investigations.
18-Apr-06, 2:07 p.m. under the heading, Cultish GW Blog:
“I asked hillbillyceo. Please respond in that screen name. Eddie, “the Judge dismissed my suit because he was a Jew,” Manfredonia says his is litigation (sic) with Weiss, that is appealing the dismissal of his RAMBLING, PARANOID lawsuit, so I tend to think that Manfredonia’s ravings are not going to be posted on the blog of one of the several dozen people he is suing.”
But there is also an interesting post by Sam E. Antar in his blog on 18 June 2007, which proves that Sam E. Antar knew that Gary Weiss was posting as Lamborghini751 and that Sam E. Antar and Gary Weiss had conspired to defame Plaintiff Manfredonia and to prevent Plaintiff from exposing criminal activity (tortious interference of business) on Yahoo Message Boards- and exposing criminal activity is the business of an investigative reporter. And Plaintiff shall quote from this posting, which appeared on the Yahoo Overstock Message Board:
“In the absence of a direct quote from Gary Weiss on the topic of Ed Manfredonia, read the next best thing (the words of lamborghini751).
“Edward Manfredonia’s delusional conspiracies, irrational hatred of Gary Weiss, and anti-Semitism is posted on his own web site.” …
“By reading Edward Manfredonia’s web site. www.wallstreetscandals.com, you see his obsessive and irrational hatred of Jews and in particular, Gary Weiss. Edward Manfredonia’s paranoid fantasies apparently made him Judd Bagley’s choice of hatchet man to carry out Patrick Byrne’s vendetta against Gary Weiss and his efforts to smear me.”
“According to Gene Weissman, who credited his father Herbie Weissman with this information, Joel Lovett had tattoos imprinted upon his body (a violation of Jewish law, which is the reason Adolf Hitler ordered Jews to be tattooed at concentration camps), so that Joel Lovett would not be identified with those wimpy Jews who died at Auschwitz.”
In this message Sam E. Antar admits that he knows that Gary Weiss is posting as Lamborghini751- a fact that Judd Bagley proved some months later.
This message refers to Plaintiff Manfredonia’s statement that Feivel Gottlieb, an Orthodox Jew, who belonged to the same synagogue as Maier Lehmann, and other Orthodox Jews from Lehmann’s synagogue, participated in the stock frauds of Maier Lehmann. Joel Lovett did have tattoos adorning his body. This is forbidden by Jewish law. Joel Lovett and his son, Evan Lovett, were involved with the Russian Mob at Harbor Securities. But these are facts and not opinions.
There are other selective quotes, but suffice it to say what is not mentioned is the fact that Plaintiff Manfredonia stood up to Louis Miceli, former senior floor governor of the American Stock Exchange (equivalent to Vice Chairman) when Miceli praised Hitler’s extermination of the Jews at Auschwitz. For this act of economic suicide on Wall Street, Plaintiff has been hated by Jews, such as Arthur Levitt, Joel Lovett, Ira Koondel, Bill Silver- all members of the Board of the American Stock Exchange, who tolerated the Jew-hating rants of Louis Miceli. But it must be added that each of these individuals knows that Robert VanCaneghan, a member of the Board of the American Stock Exchange, had openly admitted to members of the Board of the American Stock Exchange that he (VanCaneghan) had raped and sexually assaulted his female employees, who were also employees of Bear Stearns. (Once again some of this material has appeared on Plaintiff’s website, www.wallstreetscandals.com and in various court filings.) These facts were known to Sam E. Antar and Gary Weiss- both of whom have stated in postings that they have read Plaintiff’s website.
These are four posts from approximately fifty posts, which attacked Plaintiff Manfredonia and were made by Gary Weiss utilizing the alias, Lamborghini751. The Court must remember that Gary Weiss is a reporter and as such Weiss is forbidden to utilize an alias on the Internet to post messages concerning others with who he (Weiss) is in litigation. And it was not Yahoo, which deleted the posts of Lamborghini751- It was Weiss.
It is here that Plaintiff Manfredonia must thank Ben Stein for his article in which Stein defined the term “legal relativism.” Judge Stallman practiced his own version of legal relativism. Judge Stallman accepted every statement made by Weiss as true- no matter how false. And Plaintiff can find no reasonable explanation for Stallman believing Weiss except for the fact that Judge Stallman was religiously biased against Plaintiff.
Since Yahoo has deleted Plaintiff’s postings, which have served as the basis for Plaintiff being labeled an anti-Semite by a band of crooks, Plaintiff shall now present several examples of his postings on InvestorVillage, which have been deemed anti-Semitic by Sam E. Antar. These InvestorVillage posts were very similar to Plaintiff’s posts on Yahoo.
OSTK msg # 5110 2/24/2007 7:56:46 AM
sam antar- the truth
By: ed manfred
That your brother, Eddie “Crazy Eddie” Antar, had sent $20,000 for his niece’s bat mitzvah.
The money was wired into the United States from a bank in Israel.
This information came from one of your cousins.
So, if you are such an honest man, you will report this incident to the FBI because several laws were violated.
Taxes were not paid on this money.
Thank you.
Sincerely,
Ed Manfredonia
The above message #5110 is obviously regarded as anti-Semitic by Sam E. Antar because it shows that Sam E. Antar refused to notify the FBI that his cousin (Plaintiff mistakenly said brother) Eddie Antar was illegally laundering money into the United States. But Sam never denied that he attended the party or that Eddie Antar has been laundering money into the United States via Israeli banks. Plaintiff reported this money laundering to United States Attorney General Alberto Gonzales on 26 May 2007 via certified mail 7006 2150 0004 5143 6312 and to Christopher Cox, Chairman of the Securities and Exchange Commission on 9 April 2007.
But Sam E. Antar eventually stated that Eddie Antar had laundered money. Sam E. Antar stated in his blog on Monday, June 25, 2007: “However, the government still believes that Eddie Antar and others in his immediate family have not repatriated all of their ill gotten gains. For, example Eddie Antar gave $6 million to a hospital in Israel and they believe that he received a $5 million kickback in cash.”
Sam E. Antar is defaming Plaintiff Manfredonia on the Yahoo Overstock Internet Message Board to cover up the criminal activities of the Antar family- and the criminal activity of Sam E. Antar.
OSTK msg #5830 3/25/2007 10:28:39 PM
is weiss fronting for the Russians
is Gary Weiss fronting for the Russian Mob?
First, Weiss lies and attributes the murders of Al Chalem and Maier Lehmann to the Italian Mafia, when Weiss and his editor, Seymour Zucker, knew that Al Chalem and Maier Lehmann had been murdered by the Russian Mob.
….
Incidentally, I had lunch with Weiss in Chinatown when he ordered pig’s blood and ate the pig’s blood. So much for religion.
Respectfully submitted,
Edward Manfredonia
Once again, Sam E. Antar has deemed this message to be anti-Semitic, especially because Plaintiff not only accused Weiss of covering up the murders of Chalem and Lehmann, which had been perpetrated by the Russian Mob, but because Plaintiff had stated that Weiss ate pig’s blood- double treyfe so to speak. It is a violation of Jewish law for Jews to eat pig. It is a violation of Jewish law for Jews to consume blood. So, how can a fact from the Bible be regarded as anti-Semitic.
OSTK msg # 5835 3/26/2007 7:23:51 AM
By: ed Manfred
pig’s blood
I once accompanied Weiss to a restaurant, Sweet n’ Tart, in Chinatown. Weiss ordered pig’s blood. It looked scary.
But Weiss consumed the pig’s blood with glee. Speaking of treyfe.
Sincerely,
Ed Manfredonia
Sam E. Antar has rated msg#5835 anti-Semitic because Plaintiff had stated that Weiss ate pig’s blood. Treyfe means non-kosher food. As anyone knows, Jews are prohibited from consuming pork. But Jews are also prohibited from consuming blood- and this is why kosher meat is salted: To drain the blood from the meat. Which is also the reason that animals are slaughtered by a sharp knife with no blemishes and the carotid artery is cut- to ensure a quick death and to ensure that all blood is drained from the carcass of the animal.
OSTK msg #5892 3/28/2007 5:10:23 AM
By: ed manfred
Correction-shema
The quote should have read:
A green card and $700,000 is worth a shema.
…..
Respectfully submitted,
Ed Manfredonia
OSTK msg #5892 is a takeoff on Henry IV’s apocryphal statement: Paris vaut bien une messe. Paris is worth a mass. In this instance Plaintiff compares Weiss’ marriage to an illegal alien, Anjali Sharma, who wished to obtain a green card with Henry IV’s pilgrimage to the Pope to forgo excommunication.
OSTK msg #6027 4/2/2007 6:02:20 PM
By ed manfred
The synagogue tam
Sam the scam, aka tam:
No one in your synagogue lost money in the stock fraud of Crazy Eddie.
Why not? Because these individuals knew that Crazy Eddie was a fraud.
…
The information contained in OSTK msg #6027 was told to Plaintiff by members of the synagogue to which the Antars belonged. In September 2005 this fact of shorting the stock of Crazy Eddie was confirmed by Crazy Eddie’s cousin, who provided Plaintiff with the information concerning money laundering.
OSTK msg #6197 4/5/2007 4:50:09 PM
By: ed manfred
Sam the fraudster
As usual when a crook is guilty of a serious crime, he always cries: Prejudice.
Sam Antar, a vile little man, is the same- as is Gary Weiss.
Sam and Gary cry anti-Semitism as an excuse for their criminal actions.
While Sam and Eddie Antar were cheating the American public out of hundreds of million of dollars, Eddie Antar and his friends were shorting the stock of Crazy Eddie in offshore accounts. Eddie and his buddies made tens of millions- a sum that has never been recovered.
And Eddie Antar illegally sent money to the United States for a bat mitzvah- according to one of Eddie’s cousins.
…
In the end Sam, you are an anti-Semite.
…
Sincerely,
Ed Manfredonia
OSTK msg #6197 stated that Crazy Eddie and his family kept tens of millions of dollars. In his June 25, 2007 blog Sam E. Antar acknowledged that Antar family had illegally kept millions of dollars.
OSTK msg #6216 4/6/2007 8:44:26 AM
By: ed manfred
But if you read through my court filings, you shall readily determine that Weiss committed numerous instances of perjury, which is why I have stated that Weiss is a perjurer.
Not only that, but I have proved that Weiss committed tax fraud. When Weiss stole the money from BusinessWeek by submitting false invoices, Weiss neglected to pay taxes on the money he stole.
But Weiss had to commit perjury to win his lawsuit.
And Weiss even boasted that he committed perjury.
Weiss swore in an affidavit that he was an employee of McGraw-Hill until 31 July 2004. I stated that Weiss had resigned in June 2004.
In his turgid and constipated book, Weiss wrote: When I resigned form BusinessWeek in May 2004 …
So, it is proved that Weiss committed perjury.
…
Respectfully submitted,
Ed Manfredonia
In OSTK msg #6216 Plaintiff proved that Weiss had committed perjury. So, how can any statement that Weiss has made be believed. Many Talmudic scholars believe that false oaths and lies are a more grievous sin than murder because lies and false oaths can never end. Let the Court not forget that Weiss is guilty of tax fraud in addition to felony theft because Weiss did not pay taxes on the money, which he stole from BusinessWeek. Plaintiff must inform the Court that it was Weiss, who informed Plaintiff of these thefts.
OSTK msg#6447 4/11/2007 6:37:20 AM
By: ed manfred
The Talmud- and Manfredonia
Sorry guys but that is in the Talmud.
Weiss knows this.
There are three relations among individuals in the Talmud.
The first and highest relationship is the relationship between Jews.
The second relationship is between Jews and goyim.
The third relationship is between Jews and slaves.
Sorry, guys but that is in the Talmud.
And Weiss knows it.
……
So, if you ever wanted to know who is anti-Semitic the answer is Gary Weiss, who can only raise the banner of anti-Semitism to defend his lies.
Weiss knows that Maimonides said that Jews should lead an exemplary life- because they were the chosen of God. Instead Weiss has chosen to lie, cheat and steal to cover up for his misdeeds.
And if you read the court filings, you shall read how I stood up to Louis Miceli, a member of the Board of the American Stock Exchange, who praised Hitler’s extermination of the Jews at Auschwitz. …
Arthur Levitt, then Chairman of the American Stock Exchange, refused to fine Miceli- even after Miceli had called me “a f—kin’ Jew,” “a Jew b—tard,” etc.
OSTK mssg#6447, recounts how Plaintiff stood up to Louis Miceli, an individual who had praised the extermination of the Jews at Auschwitz. No Jew at the American Stock Exchange would stand up to Louis Miceli. Plaintiff’s career on Wall Street was ruined because Plaintiff stood up to Louis Miceli.
OSTK msg #6448 4/11/2007 9:33:39 AM
By: ed manfred
The Steinsaltz edition of the Talmud
Sorry guys, but one of my sources was an approved English edition of the Talmud. I believe that it is called the Steinsaltz edition of the Talmud. It is in English.
…
Now, I do not care who is Jewish and who is not Jewish.
I do not care.
But I am probably the only person, who writes on this page, who has even examined a copy of a book by Maimonides, outside of Maimonides Commentaries on the Talmud.
Weiss cannot state that I am lying when I state that something is in The Talmud. And only a coward, liar, thief and racist like Gary Weiss would ever call me, Edward Manfredonia, an anti-Semite.
….
The main fact is this. Weiss repeatedly committed perjury in his court filings. A fact that Weiss has never denied nor disputed.
Judge Mickey D. Stallman consistently permitted the perjured testimony of Gary Weiss. Even when Weiss was proved to have blatantly committed perjury.
Furthermore, it is a standard of law that when there exist two conflicting affidavits, a judge cannot decide which affidavit is true. That is a decision that must be made for a jury.
Mickey D. also knew that Weiss had stolen money from BusinessWeek.
Mickey D. also knew that Weiss had lied when Weiss had told the police in September 2004 that he was employed by McGraw-Hill.
…
Yet, why did Weiss not report the truth about Maier Lehmann’s murder.
The reason: Weiss did not wish to attribute the murder to Russian Jews, so Weiss lied and stated that the Italian Mafia perpetrated the murders.
Respectfully submitted
Ed Manfredonia
OSTK msg # 6448 proved that Judge Stallman violated judicial precedence. It is a matter of law that when there are conflicting affidavits, a Judge cannot decide which party is telling the truth. That determination is left to a jury. But Judge Stallman was so biased against Plaintiff Manfredonia that Stallman accepted the perjured testimony of Weiss as Torah- absolute truth- even after Plaintiff had proved that Weiss had stolen money from BusinessWeek.
OSTK msg#6457 4/11/2007 11:58:36 AM
By: ed manfred
Weiss said Morgenthau does not indict his friends
Let us remember that when Gary Weiss was reporting the A R Baron scandal, Weiss sated that Morgenthau did not indict Bear Stearns because of the prominent role that Alan Greenberg and Bear Stearns played in raising money for the United Jewish Appeal.
Weiss stated to me that Morgenthau does not indict his friends, who are Jewish.
Please note: “his friends who are Jewish.” And that is why Morgenthau did not indict Bear Stearns.
…
Respectfully submitted,
Ed Manfredonia
In OSTK msg # 6457 the Court must note that it was Gary Weiss, who stated that Morgenthau does not indict Morgenthau’s friends, who are Jewish. On other occasions Gary Weiss described Jews, such as Harvey Silverman, the number two executive at Spear Leeds and Kellogg, as a disgrace to Judaism because Silverman is a crook.
There are many more examples of Plaintiff’s comments that Plaintiff made on InvestorVillage, which are very similar to those made on Yahoo. During the course of a trial by jury, Plaintiff shall gladly provide more examples.
It is here that Plaintiff must bring to the Court’s attention a tip, which was received at The Black Star News. An individual telephoned The Black Star News and stated that the Hatzolah Volunteer Ambulance did not pick up non-Jews. Milton Allimadi, the Publisher of The Black Star News, asked Plaintiff Manfredonia if this were a viable story. Plaintiff stated, No. If the ambulance were to pick up injured non-Jews, the blood of the non-Jews would make the ambulances not viable for the ultra Orthodox Jews, who are the recipients of the services of Hatzolah. Plaintiff explained that the blood of non-Jews would render the vehicles, essentially non-kosher and the blood would have to be expunged with a blow torch.
But now the Court must examine some postings, and Plaintiff Manfredonia has in excess of 1,000 similar postings on the Yahoo Bear Stearns Message Board that Plaintiff is willing to submit to the Court, as opinions, which Yahoo has deemed acceptable to appear.
First we shall examine some statements that praise Jews being placed in ovens that appeared on the Yahoo Bear Stearns Message Board. These messages were copied on 25 March 2008 and shall be included as a part of the Bear Stearns Yahoo Message Board Exhibit at trial. These messages, which show true anti-Semitism, are acceptable commentary to Yahoo. Please note that the names of Sam E. Antar, Gary Weiss and Howard Sirota do not appear denouncing these messages.
8-August-07 07:04 pm British reporter on cnbc. By shortsail03
…
“Ace Greenberg is a scum bag beyond Ken Lay. They should take him to the ovens.”
17-Mar-08 06:16 pm by salvrrl
somebody should put Jim Cramer!!
With the rest of those Jew cocksuckers in an oven!!
LET HIM FRY!!!!!!!!!!!!
17-March-08 09:26 pm
Coming soon…. HITLER OVENS!! By kiddchrs
I hate to sound racist, but Jews caused most of these problems…”
17-March-08 09:33 pm they need to build ovens outside BSC offices by kiddchrs
“cook the crooked jews, just like they cook the market everyday.”
18-March-08 10:52pm
Re: HITLER WAS RIGHT-NO DOUBT BY kiddchrs
Hell Yeah!! Things won’t change until we build ovens in Times Square.
23-March-08 05:52 pm
Re: US CONCENTRATION CAMPS! By putsandcall..
Sweet, prepare the banana gas and ovens
It must be stated repeatedly that Yahoo has not considered these messages to be anti-Semitic. Yet, Yahoo has banned Plaintiff from the Yahoo Internet Message Boards because Sam E. Antar, a convicted felon, termed Plaintiff an anti-Semite. Yahoo must believe that calling for Jews to be placed in an oven, is not anti-Semitic.
Here are some messages from the Bear Stearns Yahoo stock message board- pertaining to Jews. Just a small sample- there are over 1,400 commentaries.
Jews should visit Birobidzhan by llabkvosky 24-Mar-08 02:02 am
JewYorkTimes says JewPMorgan offers a piddly $10. josephatt2k 24-Marc-08 1:02 am
Who gives a fuck? You still got JEWED!
Re: Is Swartz in cuffs yet! soapman46322 23-Mar-08 11:41 pm
The govt takes care of jews it won’t happen-wish and should happen
Re: Do all black people hate white people? Part IIlarrydallas2009
Ask the Jews.
Facts about Bush and 9-11 cramerisanass 23-Mar-08 11:15 am
G.W.Bush is a secret (crypto) Jew… Jews own 98% of the U.S. media
Re: solution to America &&39:problems zibry2 22-Mara-08 05:31 pm
And while at it send the jews back to the promised land
There are then approximately 10 commentaries with the title Jews at Bear told me to short
Re: Jews at Bear told me to short encypk 22-Mar08 04:44 pm
is he a Jew?
There are perhaps another 10 quotes, which are not so offensive but merely mention Jews. Plaintiff has in his possession over 1,000 quotes that have appeared on the Bear Stearns Yahoo Message Board alone.
Plaintiff begs the Court’s permission to include several messages from the Yahoo Internet Message Board for Lehmann, which messages contain the word, “Jew.” These messages were accessed on 25 March 2008.
Pre market wake up call. Stpcltracler200.. 22-Mar-08 09:53 pm
…are just a few of a long list of Jews, who are controlling the country, media and banks
Re: JP MORGAN IS A ROTHSCHILD
LIKE THE FED BANK shrishansoncock.. 21-Mar-08 04:41 pm
…ORDERlook on your dollar bill,, says it in latinthey want everyone to be brokeFUCK THE JEWS
S&P nails LEH & GS to the cross this Good Friday FoolMeTwice 21-Mar-08 04:41 pm
I thought all the Jews were off today
FRIGGIN JEWS!! Desihuntercurry… 19-Mar-08 09:22 pm
Keep yer dirty money grubbing hands off my cash!!
Re: Waiting for that first, major, US Bank to fail bea.baldwin 19-Mar-08 06:38 pm
.. and shareholders of no-bid co’s. this is not an anti-jew rant… Please no nazi-b-s on to this string. This is an anti—zionist
Phucking NIGAZ and JEWS desihuntercurry… 19-Mar-08 10:01 am
Phucking Jew Cock Suckers!!! desihuntercurry… 19-Mar-08 07:56 am
Leave my money alone
Wall Street…make up your own mind stocktracker200… 19-Mar-08 02:14 am
Read and compare and then make up your own mind. http://jewwatch.com
RE: JEWS AND BLACKS!!! Ftlogfn 18-Mar-08 2:41 pm
Stop blaming others for your hick inbreeding
JEWS AND BLACKS!!! desihuntercurry… 18-Mar-08 02:39 pm
Same shit!! One steals the other buys wholesale.
JEWS AND NIGGERS!! desihuntercurry… 18-Mar-08 02:21 pm
The roaches of the NEW WORLD!! One steals the other buys wholesale.
And on and on and on. Plaintiff was able to access these Jew-hating rants merely by performing a search for the word, Jew.
But let us not confine the Court to merely reproducing what has been said about Jews. Let the Court examine some samples of what has been said about “Niggers” in the Merrill Lynch Yahoo Internet Message Board. These were accessed on 25 March 2008.
Re: IDIDN&&39: KNOW STAN O&&39; ONEAL
WAS A SPEARCHUCKER! by whaodddy1 1-Feb-08 12:50 pm
I didn’t know you were a racist… I never met a nigger…
Re: lynch a nigger marketmark4 7-Nov-07 12:15 pm
Re: lynch a nigger marketmark4 7-Nov-07 10:02 am
…check he would have realized the risk he was taking, the nigger comes out in every black man.
lynch a nigger marketmark4 7-Nov-07 8:27 am
named oneal
Shows what happens when you let a nigger run things mdr635 3-Nov-07 01:47 pm
Lazy nig. should have been the janitor.
RE: IS THAT NIGGER FIRED YET crankyretiredpe.. 30-Oct-07 12:23 pm
his address be:1989 coupe de ville parked right next to the green crack house…
Re: Blacks siramelek89 28-Oct-08 08:02 pm
niggers are a 75 iq racial crime wave used by their patrons the “jews” to destroy and steal … every jew a PEARL
These are some of the horrid racist postings on the Yahoo Internet Message Board for Merrill Lynch. And Yahoo permitted these hate messages to be posted.
By the way, where are Sam E. Antar, Gary Weiss, and Howard Sirota. They do not care because these Jew-haters and racists are not interfering with the illegal activities- especially money laundering and their involvement with the Russian Mob.
Plaintiff Manfredonia has already stated that Plaintiff had been banned by Yahoo for posting messages on the Yahoo Internet Board for Overstock that proved that Gary Weiss and Sam E. Antar had not only engaged in criminal behavior, but had also violated the basic tenets of Judaism. And let the Court remember that the Anti-Defamation League has stated that Plaintiff’s postings were not anti-Semitic but were of a personal dispute.
But Yahoo has permitted Plaintiff’s good name to be trashed and defamed by the message posing of Sam E. Antar, a convicted felon, thief and perjurer, and by others on Yahoo Message Boards. Let us examine some of Antar’s postings on the Yahoo Overstock Message Board.
Re: Judd Bagley is posting on IV during business hours samantarconvc18-Mar-08 10:24
Hey Judd Bagley: Sam E. Antar says that you colluded with Edward Manfredonia to spread anti-Semitic smears on
Re: 2008 Media Summit NYC: Company representatives samantar..13 Mar-08 03:10 am
Of Overstock.Com, Inc.
You may want to visit your anti-Semitic pal, Edward Manfredonia,
Re: Is Michael Steinhardt short OSTK
Or is that just more anti-Semitic BS?
Judd Bagley has let his pal and advisor Edward Manfredonia post anti-Semitic comments on antisocialmedia.net
Re: Black Ops Alert!... samantarconvict.. 10-Mar-08 08:37 am
He’s back Edward Manfredonia the delusional anti-Semite is … in the Russian Mob.
The above message is libel per se because it states that Plaintiff suffers from mental illness.
Re: Chris Faille Blogs about Judd Bagley samantarconv… 28-Feb-08 5:26 pm
Hey Judd Bagley: I, Sam E. Antar, represent that you colluded with Edward Manfredonia to disparage certain critics of you and Patrick Byrne with vile anti-Semitic..
Re: When did OSTK get off the regSHO list? samantarconvict.. 11-Feb-08 9:35 pm
…Bagley gets another job in politics after colluding with Edward Manfredonia to spread anti-Semitic smears.
And many others. But here are several good ones from Gary Weiss, under the alias garyweissisright:
From Gary-Going to Work for Wacky Captain Queeg garyweissisright
26-Sept-07 11:43 pm
… been leading Jihad along with other loony coots like Bagley, Manfredonia
From Gary- Inside the Comic Book Mind of Judd Bagley garyweissisright
8-Sept-07 11:39 am
… wackos Wacky surrounds himself with like Phil Saunders, Ed Manfredonia
And this one from Gary Weiss utilizing his alias, Manfredonia_the_Crank:
Re: Ed! You old freak! Your back: hey, 30 days in detox? Manfredonia_the_Crank
10-May-07 3:34 pm
Nobody calls Ed Manfredonia “Big Guy”. I don’t think he tops four foot ten. The guards..
By the way the Ed! 30 days in detox? is defamation per se because it stated that Plaintiff Manfredonia is a drug abuser and has undergone detoxification.
Plaintiff has included over 40 posts from the Yahoo Overstock Internet Message Board that defame Plaintiff as an anti-Semite, etc. And Yahoo has not permitted Plaintiff to refute these libels, but has permitted these libels to be posted.
Now we must examine the Yahoo Usana Internet Message Board- a message board where Plaintiff Manfredonia has never posted.
Re: Antisocialmedia.net may be responsible samantarconvict.. 11-Feb-08 09:55 pm
for all The USANA Spam
Judd Bagley has colluded with Edward Manfredonia to spread vile anti-Semitic smears on antiscoialmedia.net.
Re: To Judd Bagley Re: Anti-Semitism samantarconvict… 29-Jan-08 5:19 pm
In fact you did know about Edward Manfredonia’s viral anti-Semitic comments
There are 8 posts by samantarconvict… (Sam E. Antar) and one post on 29-Jan-08 by Judd Bagley. Bagley defended Plaintiff Manfredonia. The post by Bagley has a link to the letter from the Anti-Defamation League, which clears Plaintiff Manfredonia from the charge of anti-Semitism. (This was mentioned previously.) Samantarconvictedfelon read this letter from the Anti-Defamation League. But Yahoo has permitted Sam E. Antar to post his prima facie or per se libel on the various Yahoo Internet Message Boards for Overstock and Usana.
Furthermore, it is known to Yahoo that Plaintiff Manfredonia collaborated with Gary Weiss for a period of two and a half years and was a source for several articles, which were authored by Gary Weiss. Not once during that period of time was Plaintiff ever accused of anti-Semitism by either Gary Weiss or any of his cohorts, including Seymour Zucker, at BusinessWeek.
Sam E. Antar is a convicted felon, a thief and perjurer. Sam E. Antar was one of the individuals, who was responsible for hundreds of millions of dollars being stolen from the American public in the stock fraud, Crazy Eddie. Yet, Yahoo has permitted a convicted felon, a thief and a perjurer, to defame Plaintiff Manfredonia, who was described by Gary Weiss in the article, “Scandal On Wall Street,” as a bona fide whistle-blower.
Yahoo has permitted Plaintiff Edward Manfredonia to be defamed on Yahoo Message Boards. Even worse Yahoo has openly shown that Yahoo believes that Plaintiff Manfredonia’s statements were overtly anti-Semitic, while permitting postings, which advocated that Jews be placed in ovens; that African-Americans be lynched; that stated that individuals were child molesters and that slopeheads (Asians) burn well with napalm. Yahoo possesses a sick mind.
Plaintiff wishes to quote several cases against Summary Judgment, so that the Plaintiff may proceed with the case. Plaintiff realizes that the Court cannot move for Summary Judgment, but the Plaintiff wishes to make the point that a genuine issue of defamation has been made.
The trial judge “must not grant summary judgment merely because the complaint and papers in support thereof are drawn unskillfully.” Fowler v Southern Bell & Tel. Co., 343 F.2d 150, 153, Fifth Circuit Court of Appeals, 1965; Benjamin Polycarp Soley v. The Star Herald Co., 390 F.2d 364, 396, United States Court of Appeals Fifth Circuit, 1968.
“A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts.” Conley v. Gibson, 355 U.S. 41, 45, 1957
Witlin v Giacalone 81 USAPPDC 20 at 24, 1946: “Even if the pleadings of the party opposing the motion are defective and does not state a sufficient claim or defense, the motion will be denied if the opposing papers show a genuine issue of fact.”
In Rosen v. Raum, 164 A.D. 2d 809, at 811, the Court ruled: “moreover a pro-se complaint shall be construed liberally in favor of the pleader. (See, United States Fid. & Guar. Co. v Pressler, 158 A.D.2d 419.)”
Plaintiff wishes to quote from Pezhman v City of New York, 29 A.D.3d 164 at 168, 169: “We disagree the complaint repeatedly refers to Young’s statements about Plaintiff as false or fraudulent misrepresentations. These denials constitute a sufficient denial of the truth of the statements that form the basis of the defamation claims to survive this dismissal motion to the extent that it is based upon the truth of the statements. This is particularly so since a “pro se complaint should be construed liberally in favor of the pleader.” (Rosen v Raum, 164 A.D.2d 809, 811 [1990].”
The Court cannot imagine the humiliation and degradation, which Plaintiff Manfredonia has undergone as a result of being termed an anti-Semite. Plaintiff has many sources and friends, who are Jewish- even in Elmhurst where the Jewish population is miniscule.
Plaintiff Manfredonia wishes to state in good faith that the damages, which he has suffered, are in excess of $75,000.
Plaintiff must remind the Court that Gary Weiss, who has admitted that he committed perjury, received approximately $1 million for two turgid tomes, which he authored and that their combined losses exceed $2 million. And that Christian Curry sued for in excess of $30 million.
Plaintiff must also remind the Court that Gary Weiss explained to Plaintiff that he expected to receive millions of dollars if his book, Born To Steal, were to become a movie.
Furthermore, Plaintiff must remind the Court that if either Justice Townes or Justice Bloom had been defamed as anti-Semites or as racists, it is highly doubtful that either would be currently employed by the federal government as attorneys, let alone as federal judges.
As for the punitive damages, Plaintiff must remind the Court that Americans have become disgusted with the shakedown tactics of race and religion. Sam E. Antar is a convicted felon and admitted perjurer. Currently Antar is laundering money and providing it to Barry Minkow, who also is a convicted stock fraud artist and mastermind of the stock fraud ZZZBest, via Minkow’s Fraud Discovery Unit. Antar is laundering money for hedge funds so that the stock price of selected stocks, such as Overstock, Usana and Herbalife shall decrease and Antar’s sponsors shall profit handsomely. It was proved in Minkow’s deposition that Antar had given Minkow approximately $300,000 to produce financial reports, which would have a negative impact upon the price of Usana. Currently, Sam E. Antar has boasted of paying Minkow’s Fraud Discovery Unit for negative reports on Usana and Herbalife so that Antar’s financial benefactor could benefit from a decrease in the price of these stocks.
Minkow served several years in federal prison for fraud, etc. Minkow’s salary is garnished. To evade garnishment of the money, which Antar pays to Minkow, the money is paid to Minkow’s Fraud Discovery Unit.
Sorry to bring this up to you Judges, but you can ask any rabbi. Sam E. Antar, as an Orthodox Jew, is forbidden to have business dealings with an apostate, such as Barry Minkow, who converted from Judaism to Christianity and is currently an Evangelical Christian minister- much less fund Minkow’s Fraud Discovery Unit.
Plaintiff wishes once again to make an observation. If either Judge Townes or Judge Bloom had been defamed as Plaintiff Manfredonia was as an anti-Semite or if Judge Townes and Judge Bloom had been defamed as a racist, anti-black, anti-Chinese, etc., neither Judge Bloom nor Judge Townes would be a federal judge. Truthfully, neither Judge Townes nor Judge Bloom would be an attorney employed by the federal government.
So, in good faith Plaintiff Manfredonia swears that his compensatory damages exceed $75,000.
Furthermore with regard to punitive damages, Plaintiff wishes to state that any American jury would award Plaintiff Manfredonia a sum exceeding ten million dollars because Defendant Yahoo! not only permitted Sam E. Antar, a convicted felon and admitted perjurer, and Gary Weiss, a liar, thief, and admitted perjurer, to falsely defame Plaintiff Manfredonia as an anti-Semite, but that Defendant Yahoo! permitted this defamation to occur with the full knowledge that Gary Weiss and Sam E. Antar were involved in various criminal activities- and that they had even refused to report the fact that Crazy Eddie Antar was laundering money, which Crazy Eddie Antar had stolen from Americans, into the United States. The Court must remember that Plaintiff had reported this money laundering on the Yahoo! Overstock Internet Message Board- and that Defendant Yahoo! had deleted Plaintiff’s report of criminal activity.
There also exists a legal action undertaken in France and pursued in the United States. The legal action involves Yahoo! permitting the sale of Nazi memorabilia in France. The citation is:
Yahoo! Inc., a Delaware corporation, Plaintiff-Appellee v. LA LIGUE CONTRE LE RACISME ET L’ANTISEMITISME, a French association; L’UNIONDES JUIFSDE FRANCE, a French. French association, Defendants-Appellants
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
433 F.3D 1199; 2006 U.S. App. LEXIS 668
March 24, 20005, Argued and Submitted, San Francisco, California
January 12, 2006, Filed
This case proves that Yahoo! has willfully and maliciously permitted anti-Semitic comments and Nazi sympathizers free access to its message boards.
Let Plaintiff explain something to this Court. Gary Weiss has prided himself on being an investigative reporter. Yet, Weiss was so blinded by his hatred of Catholics and Italian-Americans that while he was searching for a story about the Mafia, Weiss refused to write about XLA, Xcelera, a stock whose stock price and that of its predecessor, the Scandinavian Fund, had been manipulated by Louis Paolillo, the Spear Leeds and Kellogg employee who served as a specialist in XLA, for a period of 5 years. Plaintiff informed Weiss that everyone at the American Stock Exchange stated that XLA was a fraud. This failure of Weiss to report this stock manipulation cost the American public in excess of $1 billion.
Yahoo! engaged in covering up violations of federal money laundering statutes- and any jury shall remember this.
If Plaintiff stood up to the FBI and the Italian Mafia, does the Court really expect Plaintiff to back down? Plaintiff suggests that the Court study the impact of Christian martyrs and the events at Masada to understand the power of faith and belief in truth.
Plaintiff does not expect a Judge John Sirica, who is interested in the truth. But Plaintiff does expect a Judge Kimba Wood, who refused to bend and bow to the combined wealth and prestige of Michael Milken, Ivan Boesky, etc.
If it were permitted Plaintiff would demand that Yahoo! contribute $10 million dollars to the Stephen Wise synagogue interfaith social programs and also to place more comfortable seating in the synagogue as a form of penitence for promoting racial and religious hatred. Hate speech has no rights. To quote Justice Holmes: The First Amendment does not protect a person “falsely shouting fire in a theatre and causing panic.”
As Justice Brandeis stated: Sunlight is the best disinfectant.
Let us have some sunlight on the festering sore of the moldy combination of hate speech and economic fraud, upon which Defendant Yahoo! feeds.
IV: REMEDY
Plaintiff seeks a published apology from Yahoo in a newspaper, to be determined by Plaintiff.
Plaintiff seeks to be reinstated to the Yahoo Message Boards- with an apology deemed suitable to Plaintiff.
Plaintiff seeks reinstatement of Plaintiff’s e-mail privileges.
In good faith Plaintiff Manfredonia swears that his compensatory damages exceed $75,000.
Plaintiff Manfredonia seeks $3 million in compensatory damages.
Plaintiff Manfredonia seeks $12 million in punitive damages.
Plaintiff reasonably believes that the above sums are a correct and modest estimate of the amount to which Plaintiff is entitled. Let Plaintiff remind the Court that Gary Weiss received approximately $1 million for his two disappointing and turgid books. Not only that but Gary Weiss told Plaintiff that he agreed to movie rights to his book and if the movie were produced he would reap millions. Plaintiff would have had a book printed that would have exceeded Weiss’ wildest dreams. And Plaintiff would have earned more than $75,000 as a reporter.
The Courts are the last arbiter of justice in this country- and they are fast disappearing as that.
If Plaintiff’s action is dismissed Plaintiff seeks permission to file an appeal in forma pauperis.
I declare under penalty of perjury that the foregoing is true and correct.
Dated:
Edward Manfredonia
