Tim Sykes is looking to sue the owner of PennyStockAlerts.com for libel; that stock promoter has written several negative articles about Sykes that appear very high in the search results when searching for “Timothy Sykes” and related searches on Google.
Sykes wrote a blog post responding to the second of the above posts last June, entitled Refuting 8 Lies About My Being A Penny Stock Promoter & A Scam, Excuse Me For Only Being Up 1,458%.
It was Tim Sykes who alerted me (and his other Pennystocking Silver subscribers) to this matter via a Profiding alert (link for subscribers only) in which he linked to this brief article on Domain Name Wire that describes his lawsuit (PDF) against Domain name registrar Moniker Online Services LLC in Florida. The case is 0:12-cv-60515-JIC in the Southern Florida district of U.S. District Court, and the complaint was just filed by Sykes and entered into the court docket yesterday. Excerpted from the complaint below is the information pertaining to Sykes’ complaint against PennyStockAlerts.com:
7. Upon information and belief, the registrant for pennystocksalerts.com uses the alias “Stock Psycho” (“Stock Psycho”).
8. Stock Psycho has engaged in unlawful activities, including without limitation defamation, trade libel and other related torts, and has caused Plaintiff damage by reason thereof.
9. After exhaustive investigation, Stock Psycho’s true identity is unknown to Plaintiff.
The weird thing about this is that it is not hard to find Stock Psycho’s true identity. While the domain name is registered privately via Moniker (see whois search or check out my screenshot of a whois search I ran today), the disclaimer page at http://pennystockalerts.com/disclaimer/ (see screenshot taken today) states:
Pennystockalerts.com is owned and operated by IPR Agency LLC, a California company. For purposes of this disclaimer, IPR Agency LLC and Pennystockalerts.com are to be understood as the same entity. All references to “we”, “our”, etc, refer to IPR Agency LLC and its wholly owned website PennyStockAlerts.com
So the website that Sykes alleges has defamed him clearly states that it is owned by a Californian LLC by the name of IPR Agency LLC, for which Ryan Franks is the registered agent. I do not understand why Sykes’ lawyer bothered to sue Moniker when the PennyStockAlerts.com website indicates that it is owned by a Californian LLC that exists and that can thus be served with a lawsuit.
I should add that the same person and LLC that runs PennyStockAlerts.com also runs DailyPennyStocks.com under the alias “Darth Trader”. The indications that DailyPennyStocks.com is run by IPR Agency LLC are less obvious — at the current time that is not mentioned on the disclaimer page but is mentioned in the copyright and in the emails (see these screenshots).
[Edit 12/7/2012] – The lawsuit against Moniker was dismissed without prejudice (pdf). I believe that Sykes is pursuing the matter in another venue though.
A web search yielded the following classified legal ad in the Los Angeles Times:
Legal Notices: NOTICE OF ACTION CONSTRUCTIVE SERVICE IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR MIAMI-DADE COUNTY. CIVIL ACTION NO. 12-33962 CA 25 IN RE: TIMOTHY SYKES vs. RYAN FRANKS AND IPR AGENCY, LLC, NOTICE BY PUBLICATION TO: RYAN FRANKS AND IPR AGENCY, LLC YOU ARE HEREBY NOTIFIED that an action for legal and equitable relief has been filed against you and you are required to serve a copy of your written defense, if any to it on Karen Cohen, Esq., attorney for Timothy Sykes whose address is Law Offices of Karen Cohen, PLLC, 1041 Ives Dairy Rd., Suite 236, Miami, FL 33179 and file the original with the Clerk of the above styled court on or before January 2, 2013; otherwise a default will be entered against you for the relief prayed for in the complaint or petition. WITNESS my hand and the seal of said court at Miami-Dade, Florida on this 16th day of November. Clerk Name: Harvey Ruvin As clerk, Circuit Court Miami-Dade – County, Florida By Barbara Rodriguez As Deputy Clerk (Circuit Court Seal)
This appears to indicate that Sykes and his lawyer have not been able to locate Ryan Franks or IPR Agency LLC in order to serve them with the lawsuit.
[Edit 3/15/2013]: Stock Psycho / Darth Trader now discloses that the websites are owned by Focus Media.