From: Gary S. Gevisser

Sent: Thursday, October 10, 2002 8:55 PM
To: Detective Jeff…
Cc: rest

Subject: RE Scienter

Dear Detective …,

This question of scienter, i.e. culpable state of mind, is something that has interested me for sum time. The 9^th Circuit which has jurisdiction over us Del Martians has concluded that when you find that a person has the ability to control the “primary violator” with respect to wrongful acts the fact that this individual can establish that he-she was not a culpable participant will not exculpate that person from liability. Though of course any defendant charged with “control person liability” is allowed to establish good faith as a defense. The characterization of such an individual as a “control person” shifts the burden of proof and of course therefore makes it more difficult for a “controlling person” to be dismissed through summary judgment.

In summary, there are levels of culpable participation that involve aspects of control, which will result in the imposition of liability.

In a nutshell, a “control-freak-person” doesn’t matter what his-her title is or the absence of title, may have some form of culpable participation. These matters are of utmost concern to at least two individuals I know, one a titled “pathological” pathologist who had you and the FBI show up at The Cave the other day and the other is Mr. Moore of “Paradigm Sh-ifty sumthing” + Lord of the San Diego Padres baseball team. What we have brewing though at Nextraterrestrial is more than a 3 ringed circus. Dr. S’s ex…. as in Mds different and light years apart from Martha “smoking gun” Stewart happens to be my “travel companion + + + + + + + +.”

Section 20 of the Securities Act, best represented by a “reverse figure 8 circle tail to the write” has meaning even to those not running around in circles looking for the sunny side of publicly traded companies, up-set thinking they have the biggest chops, “ipsophattoe” believing they have the most cells to lose, arguing “I’ve been set-up.” Ball-s simply to play with, never though to throw sand though in the face of a 5 foot 11 inch 180 pound giant. Even the most rapacious, however, can be brought to justice as the pendulum travels equi-distant back and forth, as long as plaintiffs can demonstrate secondary liability which involves sum level of scienter, i.e. those who play it fast and loose with the truth who care nothing about the collateral damage, particularly the children who are our future.

In the case of Peregrine Systems Mr. Moore who may not have been an officer of the company during the period when things got bloodied, appears on the surface to have entrusted others to make sure he not only made more than a dime but in the event the folks with black hats came looking for who was making out like a “band-id,” self-defense being, “I am just a serfer” he could hind behind a veil of sworn secrecy all part of the corporate veil syndrome. This question of who to trust and what constitutes a threat, veiled or otherweiss, is of utmost importance to me. Again, the problems of the world have nothing to do with race, color, economics or even religion, simply poor religious parental teachING.

To pierce this S20 corporate Chinese wall of pointed weapons, spoken words tTOo easy to spit out, is not for the feint hearted. It is much easier to bring a life conviction to a bandit who holds up a 7 11 for $25=y 3 times in their lifetime than it is to put a piranha away for sum 3X8=x years, who within 24 hours of the “sh-one-t” hitting the fan heads for “de hills, be-veil-ed” glasses along with kitchen sink while consuming another X hours of our sunlight which god gifted to us on day z? Zquestion.

Even under the most trying conditions such scoundrels may yet end up keeping not only their “hooky” playing team in a spanking new facility in downtown San Diego, paid for courtesy of taxpayers but a high-deck spot overlooking the mass-acre. Now to be fair to Mr. Moore as far as I know no one ever pointed a gun or tried to strong arm folks like “Path-finder-to-hell” Dr. S… right after he attempted to bait me into a fistfight on September 8^th and then waited 3 days, before running so afoul of the law and then sum, on a day that will live in infamy.

Paradigm System’s “flame throwing raiders” created quite a bloodbath, no doubt using some good unsuspecting guys to do their dirty business. The $100 million questionable sales resulting in more than a $1 billion instant drop in market value earlier this year is at the tip of the iceberg of what really went on behind the scenes that caused a company in less than two years to blow sum $16 odd billion dollars in “market cap-sizing”, so much for the free instant coffee offered to all top executives who relied on hand outs and now mostly have their shingles out; not quite the shakeout though I have in store for the pharmaceutical companies and their minions of physicians and researchers who would prefer that the “wave data” I have uncovered which should result in a paradigm shift in the way in which we treat not only our old and decrepit who had their chance and blew it but the very young who are our future, remains under water, i.e. Chinese torture.

In a nutshell, it is the meek with teeth who should byte in and enjoy the earth, wouldn’t you agree?

So the question of why Mr. Moore would have his padres-in-arms move “steal-thfully” through the corridors of his beloved organization, winking eyes here and there to mention little of what the secretaries or a former general counsel might know is the sort of stuff I pay very careful attention to especially when it is in my backyard, the same with the actions of Dr. S… or absence thereof. Dr. “Pathological” …’s decision to come at me during his and Mds’ “sun’s” birthday party, then attempt to interfere with the two key material witnesses to mention little of his attorney’s in-character outbursts outside of the courtroom on September 26^th,was not sum “stur of the moment” knee jerk reaction, i.e. brewing for some time, as in lay in wait.

With that said around 9:30am yesterday I ran into the former general counsel of Peregrine Systems who happens to be a neighbor of Mds who I had just photographed before she headed off to receive her “Jews” with non other than Sebastian Capella, my very good artist-painter friend. This now “retired counsel general” was enjoying a beautiful day out in the sun with his first born while I was about to head with my “first born” toward the beach on a bicycle I had bought for Mds’ son. Although Pypeetoe didn’t pee on this “good guy attorney” or his son, he certainly sniffed and of course I follow the path of my “god.” It took a good half hour to clean out the seaweed hooked to the bike sprockets and all as I ducked and dived using the energy of the waves to propel myself forward. This time though, my laptop computer stayed dry.

By the way the lady lying on my green couch is Anne L. Miller who passed away last Christmas Day. For two years we took care of each of other and in “Jew course” I will be taking care of all estate attorneys beginning with those who failed to take care of Anne Miller’s last wishes. I happened to drive by her property this morning as 2X4s=¥ were being laid out on the ground, quite a steal for the folks who acquired her property at a deep 6=f discount.

By now Detective Steele you may be aware of how I have engineered a strategy that would not only protect children from an over-controlling parent in the event of the other parent’s premature death but equally important it increases the odds of the balanced parent living longer, i.e. internecine fighting the most bloody.

With that said it is time folks woke up to the fact that once the top dogs decide to bring in their hounds to run roughshod over the folks trying to protect the mumworker63s to mention little of the orphans, widows, and pensioners us folks with a stake in all that goes on in our backyards, as in stakeholders, should be doing all we can to short-circuit the process where what remains, mostly though skeletons for “gods to chew on”, gets dished out amongst the attorneys to mention in passing who ultimately pays when the insurance policies kick in assuming in fact insurance policies are worth the paper they are written on.

With that said, my one SCAL lawyer colleague begins his “salut-e-a-ction” these days, “Oh so you are still alive, thank your god, no doubt, dirty paws to boot”. Jeffrey Krinsk is not your usual scruffy gorilla “wartdog” in that although testosterone continues to run through his veins he has no fear for he always tells the truth, plus he gets a taste of Campbell Soup each and every day, i.e. his wife has yet to neuter him, although I would hate to be on the receiving end of her “spa-r-y” during a free for all. It is, however, the fury of a woman with some Canadian Indian in her mostly French veins with stars to light the way that is the one to have around as protector as in “La vengeance est douce au coeur de l'Indien.” Vengeance is “sweat” to the heart of an Indian, i.e. she knows full well how to “kick butt.”

Literal translations often times confuse the pallet as in every byte of food should be sweet, crunchy, chewy and just a teeny “whiny” salty to beware though T0 PSAR VROMAI APO TO KEFALI KAI DATO as in “The fish rots from the head down.”

In other words, Detective please stay in touch. I am supposed to respond to Dr. S… ‘s naked yet malicious assertions by the end of the day tomorrow, October 11^th, in anniversary of his despicable un-American act, nothing like new moon celebrations to have me flying one more time over the moon. As you know a lot can happen in one day although as Nero fiddled Rome burned. My hope though is that none of us ever again get burned at the stake. Suicide tTOo often an easy way out especially when there are kids remaining forced to be pallbearers.

I am though not one to judge those who decide to opt out altogether but ever weary of those who would have me lose my marbles to mention little of my reputation. The Christians got a lot of things right but they forgot the Jewish prayer on the Sabbath night that God already gave of his inheritance and therefore no need to lie in wait believing that the meek inherit the earth with the fish leading the way, i.e. those of us still with teeth now need to be strong. It is the tallest trees that make the most wind to guard ever so carefully young and old, butt it is the youth who are our future.

In short order you will see how this all ties together, from Professor Klein the “polio-anthropologist” who continues to excavate praying for a finding to throw me off his trail, to South Africa’s “bunker hill” Minister of Finance, to “dark matters” Professors Kelly and Klein never forgetting Mr. Warren “Bail me Out” Buffet and then “I will think of throwing you back a bone” and of course Dr. S…. There are though at last count 26 Perfect Storms brewing that will meat up soon. It is all about how easily distracted we become from the major issues of the day.

At this point though you have to ask yourself the question how come not one other person to my knowledge in the media or elsewhere ever commented about the possibility of their being a Star of David on the 77,000 year old Blombos rock and why it is possible that it was black people who first rocked the cradle of civilization putting more than simply two and tTOo together to make those triangles eventually come alive to mention just in passing how with all the talking heads on TV and editors pushing their fukukta sic stories day in and day out hoping we will all be “pop-ping pills” [non-sic] to the point that we cannot even see the total lunacy of the most powerful and richest capitalist in the world Mr. Warren Buffet who sets the pace for everything we do throwing in fact nothing but a fast ball that got passed just about everyone. Just remember Detective Steele without insurance you cannot even carry a badge let alone a pistol.

No doctor is going to get away with even attempted murder on my grandfather’s watch. Make no mistake I consider the attack on my reputation tantamount to attempted murder. I may not subscribe to a whole lot of the Jewish teachings particularly those put forward by modern day teachers whose principals belong in the dark ages but the Ten Commandments are perfectly clear to me in terms of what constitutes 10 as in 1,2,3,4, “DNA” and then of course we have 5,6,7, ¥ who do we appreciate? Chez loma! and of course the good neighbors.

Sincerely,

Gary S. Gevisser

Ps. As my dog and I returned from the afternoon at the beach on our way to check out progress being made at Anne L. Miller’s former residence my polished lady’s son’s bicycle was stolen, so much for Pypeetoe, “bad watch god”. I am going to have a hard time explaining this one.

Considering, however, the fact that I am making progress in explaining that we are all pretty much programmed the same way, perhaps no more than 15 standard deviation points separating the smartest of us from our principals; the difference being how we get rubbed along the chains, saws to make bears, helixes to embrace, no different to how the Inka’s used rocks high up on the “Moses scale” to smooth out the rough edges, paying most of their attention to the natural cracks in the rocks in building the homes fit for queens while the Caucasian ran around Europe chasing his tail during the Dark Ages, my work in the hours ahead may not be tTOo difficult. Mds is though both art and mathematically well-schooled and she rarely gives me much of a break, last evening no different to any evening at the Krinsk ranch where Campbell has her second-in-command butter in her arms, all the breaks though for those who rise early to get first glimpse of the approaching storms. Soon time to rise and shine.