Heysek discovery questions
The main story on Tom Hesek is at:
USPennyStocks.com: Anatomy of a stock fraud
You should read that first.
These are the discovery questions I used. If Heysek doesn't bring one of the
documents, he can easily lose the case. The documents either (1) prove he's
responsible or (2) show who is that he is trying to protect, so therefore, he's
probably not going to produce them.
If you have any suggested additions, please let me know using the contact
Note in California, you can ask for anything that is calculated to lead to
the discovery of admissible evidence, i.e., it is super broad and the judges
know it and allow it. It is very hard to get a subpoena quashed if you have a
Justification for these requests:
Heysek refuses to divulge who is responsible for winningstockpicks.net and
who sent the faxes. The documents may establish that nobody paid Heysek and he is therefore liable under the TCPA for sending the faxes. The documents identifying the broadcaster will identify other potential Defendants who are liable under the TCPA. Document requests sent to the broadcaster(s) may identify additional Defendants at Winning Stock Picks.
The documents should establish that Heysek is an officer of WSP, and, since the faxes were sent by WSP, Heysek is liable.
1) Documents prior to July 15 showing contact with Worldwide Picks, LTD or Winning Stock Picks including bank statements showing deposits, e-mails, phone calls, letters, and employment or consulting agreements.
2) Any and all documents that identify the fax broadcaster or broadcasters used to send faxes mentioning any company featured on the Winning Stock Picks web site (see attached for additional requests).
3) Any document showing the date that Defendant was first contacted by any
individual associated with Worldwide Picks, LTD or Winning Stock Picks.
4) Any and all brokerage statements in May, June or July 2004 showing trading
activity in any stock promoted on winningstockpicks.net (including TWTN, BDYS,
AHFI, GBEB aka APNJ, CNDD, SGNJ) in any brokerage or trading account of which
Defendant has a beneficial interest
5) Any and all bank, brokerage, or other financial institution account
statements in which you have a beneficial interest which show any single
transaction of more than $4,000 since May 2004.
6) Any and all documents showing either the name and/or contact information for
any person or entity associated with Worldwide Picks, LTD or Winning Stock
7) Any and all documents in 2004 showing any sources of consulting or employment
income from any company.
8) Any and all signed employment and/or consulting agreements with
9) Produce a copy of all correspondence, contracts, e-mails, letters, invoices,
credit card statements, bank statements, or other documents concerning the
sending of advertising materials via facsimile.
10) Produce a copy of all correspondence, contracts, e-mails, letters, invoices,
credit card statements, bank statements, payments, or other documents related to
any stock featured Winning Stock Picks since April, 2004.
11) Phone billing records for the months of May, June, and July for any and all
phones used by you to make or receive telephone calls.
12) Any and all documents received from or sent to Concorde America Inc. (CNDD)
or any of its officers as part of your profile and promotion of CNDD
13) Any and all documents received from or sent to Storage Innovation
Technologies (SGNJ) or any of its officers as part of your profile and promotion
14) Any and all documents sent to or from Bryan Kos
15) Any and all documents associated with making payments on behalf of Worldwide
Picks LTD or Winning Stock Picks to yourself or any vendor used by Worldwide
Picks LTD or Winning Stock Picks or USPennyStocks.com.
16) Any and all documents related to USPennyStocks.com
17) Any and all documents related to hotstockpicks.net
18) Any and all documents sent to or from Paul Spreadbury
19) Any and all documents sent to or from Doug Paulson
20) Any and all documents sent to or from Don Oehmke
21) Any and all documents sent to or from Jeremy Jaynes
22) Any and all documents sent to or from Richard Rutkowski
23) Any and all documents sent to or from Howell Woltz
24) Any and all documents sent to or from Hartley Lord