From: Gary S. Gevisser

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

Subject: RE Scienter

 

Dear Detective Steele,

 

This question of scienter, i.e. culpable state of mind, is something that has interested me for sum time. The 9th 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 8th 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 stor 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 2 burnt offerings 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 26th,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 fi.st 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 eqwilly 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 di-c-shed 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 dog, no doubt, dirty paws to boot” [sic]. 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 “sparing” 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 11th, 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 hi-up on the “Moses scale” to smooth out the rough edges, paving 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.

 

 

 

From: Gary S. Gevisser
Sent:
Sunday, October 06, 2002 3:07 PM
To: Detective
Jeffrey W. Steele, San Diego Police.
Cc: rest

Subject: Gevisser-Dion Vs Dr. Stewart

 

Dear Detective Steele,

 

I am assuming you have read the email I sent this past Friday evening just before 8pm to Mr. George Hurst, the attorney for Dr. John Ben Stewart.

 

With that said, a short while later as Ms. Marie Dion Stewart, his former second wife, and I began to eat our chicken dinner that I had picked up from a local restaurant believing it to be duck, Dr. Stewart called the house to talk with their son Jonathan. My first instincts were to simply put the phone down and let him “stur” [sic] a little more. Knowing, however, how desperate a man Dr. Stewart is I did not want to do anything that would have him becoming more exacerbated. Within minutes, however, after Jonathan put down the phone to his father the phone rang again and Jonathan answered. It was the police and they were following up on a call I assume came from Dr. Stewart.

 

With that said, my concern is simply not when I should duck since I am getting smaller with age but more importantly how should the kids respond given the fact that they have yet to reach their full potential? I make it my business showing the best of the best litigators in the world how to respond to fast balls thrown at or near head but I am simply not in a position to save the entire world, certainly not yet. In other words, what might happen next once Dr. Stewart realizes that he has no more rights than the next person, i.e. at sum point the judicial system is going to wake up and not respond to his or his hired gun’s wolf calls?

 

With that said, the executor of my estate who I have referenced previously is now in Paris where I understand the mayor of the city is now recovering from a stabbing. Mr. Devin Standard despite being a well-proportioned individual to mention little of his excellent balance, recognizes like most who really know what I am all about that I might need some additional help along the way. Mr. Standard has in a relatively short period of time taught me quite a byte and likes my credo, “The meek with teeth shall inherit the earh” [sic]. There has as you know been quite a bit of earth movements lately in my neck of woods to mention in passing my hope optimistic view of the future, i.e. “Verbal [non-sic] remedies for saving the word” that the problems of the wor.d… i.e. sticks and stones break bones but it is the words that kill.

 

tTOo repeat time and again, I detest those who derive great satisfaction in exceeding the limits of their small authority, i.e. evil doesn’t come from a pinched nerve but from folks with forked tongues. Please scroll down to the 3rd picture. You will notice that the picture resting on Pypeetoe’s front legs is barely out of focus. Interesting wouldn’t you agree how well behaved Pypeetoe was around you and the gentleman from the FBI quite different to how he darted about my mini back on September 8th with Doctor Stewart towering over, sticking his head in and out, perhaps hoping that my dog would improve his looks and then sue me for his next round of plastic surgery. Now I have no idea of what surgeries, if any, Dr. Stewart has had in the past, but make no mistake by the time the discovery process is over I will know everything there is to know about each member of his practice to mention in passing what if any lawsuits are pending as well as those that have been settled.

 

As you may know Detective Steele, insurance is the name of the game and there are few things about the insurance game I have failed to pick up during the past 45 years odd. Those who know me well are not all that surprised that the very top dogs in the insurance world take my calls without me having to provide a CV ahead of time. Anyone choosing to check me out would only have to look at what Judge Jack Weinstein had to say about my involvement in a landmark, precedent-setting case back in April 1997 that has helped keep plaintiff lawyers at a standstill for sum 5 years odd which in turn keeps more than just the cost of butter from going up.

 

Yes sir, I know a thing or tTOo about folks who butter other folks’ bread especially those who play it fast and loose under the table. It has only just come to my attention that the first lawsuit where I was plaintiff in shareholder class action lawsuit is now viewable on the Internet. This rather innocuous action was taken not all that long after I saw the following post 2021 on the Yahoo message board and make no mistake Professor Aaron Brown of Yeshiva University in New York City has since then not rested all that easy to mention just in passing the collapse of his eraider.com fund.

 

Mr. Melvyn Weiss of Milberg Weiss Bershad Hynes and Lerach continues to add credence to a group of folks who should know better, especially since they wear their religion so “knee-hi-up” on their lapels. By the way Mr. Weiss’ law firm used to be clients of mine until I picked up a rotting scent. It is though my understanding that Dr. Stewart’s former “live in” girlfriend still works for this rather rapacious group.

 

And yes Detective Steele, little scares me, especially since I have the truth on my side. And we are working from the BUS, one step at a time, although in due course we will have up on our website more than just Perfect Storm VI. This hiccup with Dr. Stewart has certainly distracted me from the task at hand causing me though to steer a more eclipse path that will return with a vengeance. There is in French an expression that unfortunately doesn’t translate that well in English, but in a nutshell and being with someone who is 1/32 Indian you can only imagine what the picture will look when she begins to roll.

 

Ms. Marie Dion Stewart is much more than a pretty face. Those closest to me recognize that she puts up with a lot from me but in return she gets me to smile and as I mentioned previously I am standing a lot straighter these days, thanks in no small measure to Dr. Stewart whose stewing continues to be most brothersum although I understand only tTOo well what makes him t-r-ick. My former girlfriend who is of Greek heritage taught me the following in Greek, “The fish rots from the head down.” Again, neither of these two amazing women translate all that well in English.

 

It is, however, a matter of weeks and days before NextraterresTrial.com to mention little of my Manager Minute One book becomes front page news assuming of course I don’t get run over by a truck. As fast as the minis S is, it is pale in comparison to my Dukati St4s. By the way my bike is a little bit more beefed up than the one you see although I paid nothing like the sticker price. Now before you go out and buy one for yourself please discuss it with me and I will make my pennies worth of advice free of charge.

 

And yes Detective there is nothing cheap about me nor my clients such as Mr. Jeffrey Krinsk who this past Friday gave me the opportunity to become lead plaintiff in a lawsuit against Bank of America. Now I wouldn’t draw any connection between my email to Ms. Cowperthwaite and what has folks like Dr. Stewart helping to expand the ever-increasing circle. It is all a matter of maintaining perspective and as I mentioned in an E-mail I sent out to my Dad yesterday just before heading to dog’s beach, “the mad-hat-ted-ness routine is now over” [sics to boot]. Nothing, however, I have said should have resulted in the actions taken by Dr. Stewart. His maliciously reckless actions speak much louder than any words I have said to mention little about the fact that I have not lied, stolen or cheated nor for that matter threatened anyone with anything but revealing the truth.

 

With that said check into the N..T website which continues to amaze e-ve-n me and I have probably the best sense of what is yet to come. When I last looked the counter showed 50,000 hits. Again, we have turned back the counter at least once during the past 8 weeks but the stats continue to go through the roof i.e. the number of times each individual comes to the website each day is around 5.

 

With that said, make no mistake Dr. John Ben Stewart as well as his current attorney have a sufficient grasp of math to know how these numbers can be extrapolated without one having to come up with any gimmickry. And as you may have noticed there is nothing that comical about what we are saying or presenting at this point in time. On the contrary it looks very much like a 10 year old has been programming the website although we are aiming at kids ages 3 and up.

 

Detective Steele, I cannot tell you what you should or shouldn’t do at this point in time but I would be a most sad person if any harm were to come Ms. Marie Dion Stewart and/or any of her two kids. And, I believe, so would the ever expanding audience of viewers and listeners that keep returning to our website.

 

With that said, please feel free to share your and your family’s viewpoints on any and all matters of concern to your household and I would be more than happy to share them with the world. I had hoped that Mr. George Hurst would have taken my advice and taken a deep breath after reading my last email. Perhaps, had I simply suggested that he should have his client do the same, at least take a stretch, swim sum laps in order to wake up right and if that is tTOo much bother than simply invest in a “cappo-chino” machine, then the level of anxiety at the Marie Dion Stewart household would not have risen quite so much and we would have got to finish our chicken to mention little of the anxiety on the face of ten year old Jonathan who isn’t exactly dumb. It is my understanding that Dr. Stewart had Jonathan in tow when he went down to the courthouse on September 11th and committed a most un-American act.

 

At some point Detective Steele these folks are hoping my nerves of steel will break. There is “phat” chance of that happening despite the myopic pathologist from Sharp Memorial Hospital painting me at 40 pounds overweight and a good 2 and one half inches taller than before I started shrinking. There is, however, nothing wrong with my brain as Dr. Stewart and his attorney Mr. George Hurst know only too well. My point being, that it is time to consider how desperate will folks get when they have no more cards to play.

 

On Sunday September 8th, Dr. Stewart tried to goad me out of my car as I was leaving the residence of his former second wife and as upset as I was by his naked assertions “You coward, why are you running away…I will hound you the rest of your life” I remained not only calm but seated inside my mini mostly concerned about my dog Pypeetoe having to inhale the Doctor’s lunacy to mention in passing his spit which I have now kept in cold storage. Now Pypeetoe was growling and it is possible that his saliva might have mixed in with the Doctors although thank God I have never heard of a dog getting a disease like Herpes from a human, a matter which I intend to bring to the forefront when this matter goes to trial.

 

In the end, my dog Pypeetoe did, however, have a feast and later he helped distract us by putting on quite a show. As you know the game of chess is all about getting one’s opponent to play to your advantage. It is, in my opinion, time to put Dr. Stewart and his hired gun/s in check. I understand from my lawyer that Dr. Stewart would like “to settle” things around the table. Not, however, on my watch unless they plan to present a significant check which I will then put to good use. A gentleman my significant other and I met on the beach yesterday is the Housing Director for Alpha Project which helps families “in dis-d-ress.” I made it clear to Mr. Graff that if in fact his organization checks out, i.e. all the top dogs produce annual financial statements and a business plan that more than cuts mustard with “sum government barerocracy” [sic] we at NextraTerrestrial will support him in every which way possible. Mr. Graff is copied on this email.

 

It is all about transparency, no less, no more, house by house, neighborhoods run by “dog fearing” [sic] neighbors.

 

Time once again tTOo fly.

 

Sincerely,

 

Gary S. Gevisser

 

 

Ps – I received a response from one individual who was copied on the email I sent yesterday to my father who is recovering well from heart surgery in South Africa. “Bruce Lee” which is the code name I have given my school-hood friend, “missed not receiving your mails. You seem to be heading into the eye of that storm. Be careful. You have embarked on a noble mission and many will try to thwarte you.”

 

One of the other things I detest is people telling me something I already know. Mr. Lee though did end off with “Keep going” although I have yet to see whether he has made a financial contribution to our effort which is earmarked on the home page of the NT website. I am using this email to reply “Bruce Lee” to reassure him my

 

“Dad is on the be-nd. We can mend things up without you coming over to the States with arrows and pitched forks, first though put your hand in your pocket. A former Israeli special forces trained friend of mine was, however, supposed to stay over at The Cave tonight as he had other business to take care of here in San Diego but Guy sent me an email earlier today that he will be delayed. However, before Mr. Standard left town he provided me and Marie with a telephone number of one of the guys pictured on his boot who in the event we needed to fix a flashlight could be over in record time.”

 

With that said, Detective Steele, another buddy of mine also from London …we’re [sic] working on a billion dollar transaction this past week with documents that had been loaded on to my website directory. I am though rather certain that Dr. Stewart nor his attorneys would not have been so foolish as to have tortuously interfered with any more of my business activities.