Owner of TPS turned cyber-terrorist-extortionist against NSC.

Below is a summary of hardships NSC suffered under the relentless attacks of TPS.

Introduction and Overview (December 2010) - Exhibit 1

In December 2010 NSC’s website and software systems had fallen into a state of disrepair.  Over a prior 2 year period NSC had attempted to move its software and web development to American based programmers.  [Indian terrorist name omitted], owner of (TPS) refused to cooperate with any other programmers outside of his organization.  TPS continued to increase monthly billing and when NSC refused to agree to increase costs TPS would ‘break’ NSC’s systems and claim more payments were needed to attend to the issues. NSC was in a hostage situation.

In November/December 2010 TPS claimed that 2 of their best programmers quit working for TPS.  Soon thereafter NSC’s systems were inoperable and TPS could not rectify the issues, NSC had no choice but to formally attempt to end any business with TPS.  TPS demanded wide ranges of compensation from $150,000 to a high of 1 million dollars. Regardless of the fact that NSC had no overdue bills to TPS at the time of notice.   There were no civil disputes at notice of discontinuous.

NSC informed TPS to turn over software source code.  TPS refused and immediately began a progressive and systematic attacks against NSC.  Below is the defense NSC took to defend itself and the total failure of the current laws which give Google immunity in having to deal with any matters related to online defamation victims.

Theft of our Company Domain Name (January 2011) - Exhibit 2

Stealing the domain www.NaturalSapphireCompany.com This domain was purchased by NSC 6+ years previously in 2004 for customers who forgot to add “the” to NSC’s MAIN URL address: ‘TheNaturalSapphireCompany.com’.

[Indian terrorist name omitted]/TPS stole the URL by taking over the domain registration account which he had user/password credentials for.  
[Indian terrorist name omitted]updated the ownership registration to include his name.

[Indian terrorist] then created a new website without our ‘the’ (NaturalSapphireCompany.com) and posted horrible malicious lies about NSC to dissuade customers from shopping with the real TheNaturalSapphireCompany.com   January 2011

Furthermore; [Indian terrorist name omitted] created email addresses using the stolen domain name, pretending to be real employees of NSC,  and emailing NSC’s vendors to get information from them about NSC’s business dealings.  March 2011

NSC filed a legal case disputing the ownership with the registrar.
(Exhibits 1, 2, 3, 4, 5: National Arbitration Forum ICANN Uniform Dispute Resolution Filing )
(Exhibit 6: Establishing Copyright Precedence)
(Exhibit 7, 8, 9, 10, 11, 12: Theft of URL evidence)
(Exhibit 13, 14, 15, 16, 17, 18: National Arbitration Forum ICANN DECISION:
[Indian terrorist name omitted] lied in their sworn testimony in the most egregious way; and hence the ICANN decision was unresolved, yet resulted in the domain being ‘frozen’ pending the result of a court order to decide how the URL should be released.  This achieved some relief for NSC as the stolen URL was disabled and [Indian terrorist name omitted] was no longer able to control the website.
 

Blacklisting our Mail Server as Unsolicited Bulk Mail (February 2011) - Exhibit 3

[Indian terrorist name omitted]/TPS made great efforts to have NSC’s URL outgoing emails  ‘blacklisted’ and added to URIBL, UBE/UCE (Unsolicited Bulk and/or Commercial Email registrar, see definition here) so NSC’s emails would be blocked or automatically filtered to recipients spam folders of most major email hosts (gmail, hotmail, aol, yahoo).  

This was undetected by NSC for quite a long time. After NSC discovered these fraudulent reportings to URIBL/UBE/UCE and resolved the issues; Prashant/TPS continued to work on getting NSC’s URL ‘blacklisted’ (Evidence of these attacks from 2011 can be provided as requested).

Registration of Similiar URL's .org, .co.uk Defamation Websites - Exhibit 4

[Indian terrorist name omitted] registered many similar URL’s to NSC (2 examples TheNaturalSapphireCompany.org / NaturalSapphireCompany.co.uk), and posted terrible false and defamatory remarks about NSC. TPS made great efforts to improve the organic rankings (SEO) of these websites so they would rank in search engine results next to NSC’s URL results. (All through 2011-2012)  See Exhibit 55, which shows similar URL/naming and extortion.

Extortion Demand From Prashant

From: Bob david [mailto:bobdavid741@yahoo.com]
Sent: Wednesday, May 16, 2012 10:30 PM
To: marnstein@hotmail.com
Subject: buying seo assets

So where do you stand : Think realistically not emotionally

1) your most important keywords are “the natural sapphire company” and “natural sapphire company”
2) on both  nsc.net is in top 5 first page
3) our social media twitter, G+ , , stumble, dig, twitter are all buzzing with activities
We have invested blood and sweat in this. Ok how about buying all these   SEO assets from us? Think. It will catapult you on the top of the chart
Cost $ 100,000



More Extortion Demands From Prashant

-----Original Message-----

From: nfnf@gg.com [mailto:nfnf@gg.com]

Sent: Sunday, June 03, 2012 12:23 AM

To: The Natural Sapphire Company

Subject: Forward it to Michael

 

Michael

I was discussing your case with some legal experts. The question in everyone’s mind is what is making you pursue the case in US courts? It will unnecessarily waste your money and more valuable my time.

One expert felt that you may be mentally unstable another felt that you trying to put up a brave fighting face when your company is slipping into bankruptcy.

However I feel it’s a typical of a person who sits on the readymade business of dad for free; with no real business acumen.

So let’s say by an act of God you are able to get a favourable order may be say within 1 year. Do you think you will get it serviced in other country? We will oppose it at every level.

I guess you have forgotten you are a designated criminal in this country and possibly in Lanka. accused of theft etc.

May be you are trying to get a subpoena on Google to exclude some web sites. If you do that max you may exclude 10-15 links. What about another 3000 links. We are trying to get exactly the same thing for DNO and EA . Google tells us to get subpoena and claims protection under “safe Harbour” The case here is pending but I know It is of no real consequence as you may start a backup site in hours We too are ready with high potential backup sites which will be pushed in Google and will be on first page within 1 month .

In coming months you will see high intensity campaign by us to expose you.

In all this mess ; as every day passes you are getting  deeper and deeper in financial mess. I have your credit report with details till the last $ how much you have borrowed.

PPC  expenses are killing you  and soon you will NOT able to pay your employees ; Your sales have crashed to the lowest I still feel that you should have gone ahead with Jan settlement. But now it’s too late. Even you beg before me I cannot help

 

Emailing Customers, Defamation, Mail Address Spoofing (2011-2012) - Exhibit 5

[Indian terrorist name omitted] having archived backup database’s of NSC’s past customers email address from their past orders; [Indian terrorist] would email NSC’s best clients from a newly created anonymous email addresses that were similar to TheNaturalSapphireCompany.com domain name (.org) and telling them not to shop with us, that we commit credit card fraud and identity theft among other lies. 2011
 

Many of these customers were told that NSC would be selling their credit card information and that NSC was a complete scam operation.  [Indian terrorist name omitted]/TPS even included the customers credit card information to create fear of identity theft in NSC and NSC’s customers.  [Indian terrorist name omitted]/TPS would email NSC through anonymous email submission forms on NSC’s website demanding extortion money being paid or ALL of NSC’s past customers would be emailed their personal credit card information and that NSC should be reported as a scam operation to credit card processors.  (All through 2011-2012)
(Exhibit 19 one of many examples below)

 

From: Jarrett Naso [mailto:jarrettnaso@yahoo.com]

Sent: Thursday, June 14, 2012 10:55 AM

To: Evan Guttman

Subject: Fw: Notice Cancel your credit card immediately Natural Sapphire Company Scam

 

I received this message in my inbox, and immediately called your company. They asked I forward the email to you. I find it slightly disconcerting that someone is able to obtain an unencrypted version of my credit card number. Luckily, this particular account has already been closed so it isn't a security risk for me, but I have purchased from you more recently using other cards as well, and am currently in the process of getting new numbers on the other accounts. I really enjoyed doing business with your company, and I've spoken very highly of the quality of work to friends and family, but this is a problem that needs to be corrected immediately.

 

Jarrett Naso

201-452-0183

 

----- Forwarded Message -----

From: "bobdavid471@yahoo.com" <bobdavid471@yahoo.com>

To: jarrettnaso@yahoo.com

Sent: Thursday, June 14, 2012 2:31 AM

Subject: Notice Cancel your credit card immediately Natural Sapphire Company Scam

 

 

Hello Mr Jarrett Naso,

Bob David would like to show you an item from The Natural Sapphire Company.

Natural Sapphire Company has put your credit card info at risk here are details of your CC CREDIT CARD NUMBER 4420741135402926 EXPIRATION DATE 3/2013 VERIFICATION NUMBER 287 We advise you to sue NSC legally; Call them up urgently watch this video http://tinyurl.com/nscscamvideo tell your friends, put it on FB, Twit warn everyone For more information email on this email id bobdavid471@yahoo.com

http://www.thenaturalsapphirecompany.com/nscnet/expandedstones.aspx?StoneId=B4547

www.TheNaturalSapphireCompany.com

info@TheNaturalSapphireCompany.com

Phone: (212) 869-1165
The World’s Greatest Collection of Natural Sapphires

 

Defamation, 100s of False Reviews, Trolling (2011-2017) - Exhibit 6

Defamation; Extraordinary Subjection:
[Indian terrorist name omitted] posted approximately 500-600 (2011-2015) false and defamatory ‘reviews’ or similar on dozens of popular industry and consumer websites, scam and complaint websites, etc of horrible lies about NSC.  

[Indian terrorist name omitted] sought out positive comments made by real customers of NSC on countless blogs, forums, news/media websites, etc that had ever mentioned NSC in a positive manner.  Then posted completely false, malicious, defamatory and unfounded comments about NSC on the same websites and pushed viewers to review URLs that [Indian terrorist name omitted]/ TPS created for the sole purpose of compiling extraordinary lies about NSC.  

[Indian terrorist name omitted] created dozens of false aliases on very popular industry chat-forums pretending to be extremely unhappy customers.  Great efforts were made to mask his identity and fool viewers at exponential levels of effort. 100’s if not 1000’s of posts were made over an 18 month period+.
(Exhibit 20) (Exhibit 47 [Indian terrorist name omitted]referencing thousands of false links he created in threatening anonymous emails) (All 2011-2015+)

 

Click Fraud $115k loss (Feb 2010-May 2012) Exhibit - 7

Click Fraud: NSC’s Pay-Per-Click ads on Google:
[Indian terrorist name omitted] openly taunted NSC about the hundreds of dollars per day in false clicks they were incurring to NSC’s advertising campaigns (Exhibit 21).  

An established and consistent baseline of NSC’s PPC costs per month prior to attacks by [Indian terrorist name omitted] was $5-6k.  

It is conservatively calculated that click fraud over a 16 month period totaled at least
$115,000. In additional costs.  Exhibit 46)

NSC has shown evidence to Google PPC billing department showing Prashant/TPS’s boasts of the attacks, his methods, and how they have gotten past Google’s click fraud filters.  

Google refused to credit NSC’s account or assist in any way during the hardship. Exhibit 58 Exhibit 57 (Feb 2010 - May 2012)

Ebay/Amazon Stores Disabled Exhibit - 8

[Indian terrorist name omitted] made great efforts to report NSC’s Ebay and Amazon stores as fraud/scam attempts so they would be disabled and closed down.  

[Indian terrorist name omitted]used his network of false reviews and defamatory websites in his efforts to persuade admin’s inside Amazon and Ebay.

See (Exhibit 22)

Our Hosting Company: Attempt to Take Down Our Website / False DMCA of our Software (Sept 2011) Exhibit - 9

[Indian terrorist name omitted] attempted to registered NSC’s proprietary software as [Indian terrorist name] own property.  

Then issued a DMCA to NSC’s web hosting company in attempt to have NSC’s entire website taken down.  

This caused enormous stress and employee hours to fight this near successful attack.  Sep 2011

Selling Our Software to Competitors (2011) Exhibit - 10

[Indian terrorist name omitted] attempted to sell NSC’s software/source code to NSC’s competitors (rumors have been told to us by ex-employees of TPS).  

[Indian terrorist name omitted]would boast about doing such activities. It is unknown if he has been successful at this.

NSC has seen other Indian based gemstones and jewelry websites that have many similarities to NSC’s databasem, art/layout structure.  

(All of 2011, 2012 and ongoing…) See (Exhibit 23)

Nonstop Harrassment to Company Employees (2011-2012) Exhibit - 11

Near-Daily harassment emails to NSC employees and on NSC ‘s website through live-chat/sales-support.  

(All 2011, 2012)

Taunting and crushing morale among employees that NSC would go out of business and they should quit before they got laid off.

(All 2011, 2012)

Small Sampling of near daily harrasement:
See (Exhibit 24)

 

Constant Fake Review Posts: Yelp Reviews Exhibit -12

[Indian terrorist name omitted] continued to attack any legitimate customer review websites.  

Yelp.com was constantly deleting blatantly bogus reviews, but not quickly enough to maintain a star-rating for NSC that was respectable

(Exhibit 45).  

Wikipedia, Defamation (2012) Exhibit - 13

NSC’s Wikipedia page is taken down after [Indian terrorist name omitted] convinced Wikipedia moderators that NSC is a scam company through submitting evidence of hundreds of fake reviews and websites created by [indian terrorist name] attacking NSC.

Wikipedia editors believed [Indian terrorist name omitted]and deleted NSC’s Wikipedia page.

NSC’s organic SEO rankings continued to drop precipitously.   (2012)

Extortion. Recorded in the FBI's Manhattan Office (Feb 2012) Exhibit - 14

Extortion: [Indian terrorist name omitted] constantly demanded wide ranging amounts of money to stop his attacks (extortion).  

NSC went to the FBI many many times for help.  Finally the FBI took NSC’s case after NSC provided hard evidence to bring a formal complaint.  

Through a sting operation initiated by the FBI; [Indian terrorist name omitted] was recorded on a recorded line demanding money to stop his attacks.  

A ‘negotiated’ amount of $150,000. was agreed to stop the attacks.  In this recorded call, [Indian terrorist name omitted] admits to most of the attacks outlined in this document.  (Feb 2012)

Further evidence is provided to the FBI of [Indian terrorist name] home IP address being captured through the assistance of a customer-review-website (weddingBee.com).  

The FBI had what they needed to bring a formal complaint to the Indian Authorities and notified NSC that the complaint was in process of being issued. (See Exhibit 25)

After months and months of waiting; the FBI then told NSC they had to drop the case because the Indian Authorities would not agree to work with them on any extradition or transfer of charges against [Indian terrorist name omitted].  

Major Financial Losses Continue to Build Exhibit - 15

Financial Loss: NSC suffered irreparable damages to its reputation with existing customers and direct loss of potential customers.  

(See Exhibit 43 lost sales examples)

Further NSC suffered near-irreparable loss of confidence from the intimately small and insulated precious gemstone trading community in New York City.  NSC was not able to make payments to vendors in a timely matter; in addition to the fog of suspicion from the immense false reviews and rumors within the dealer community, NSC has never been able to fully recover its once perfect credit history within the industry old family business.  

(See Exhibit 42, Testimony of industry colleague on the critical importance of reputation within the gemstone industry)

Additionally, NSC incurred 6-figure ($) losses in direct costs of employee staffing to fight off the constant attacks.

The loss of potential sales to NSC was exponential and continues to plague the company through 2017-2018 when this document was created.

Seeking Help From Elected Officials Exhibit - 16

NSC sought the assistance of local representatives, in most cases NSC’s CIO went in person:
A. Rep. Carolyn Maloney
B. Rep. Nydia Velazquez
C. Sen. Kirsten Gillibrand
D. Sen. Charles Schumer
E. Sen. Hillary Clinton
F. NY Attorney General Eric Schneiderman
G. US Department of State: Joanie Simon Bartholomaus, Economic Officer India Desk
After many many attempts for assistance with local representatives NSC’s case was never given any legitimate attention.  

See Exhibit 27

Indian Authorities Corrupted, Demanding Money, Pathetic Mumbai India Exhibit - 17

Indian Legal System:

NSC hired Mumbai based attorney Prasad Borkar.  NSC presented a tremendous amount of well organized documentation to file suit against [Indian terrorist name omitted] in India.  

NSC created a public facing website [www.DontOutSource.com] which presented all the documentation of Prashant’s attacks on NSC (NSC removed this website at a later date which is explained later in this document See clause #20; here is a screen-capture from an internet archive).  


The hope was that the American and India Press would report on NSC’s hardship story, which would hopefully put pressure on the Indian Authorities to go after Prashant.  The plan seemed to work and [Indian terrorist name omitted] was ordered by a Mumbai judge to turn himself into police for investigation.

Apparently due to corruption within the legal system in India ([Indian terrorist name omitted]’s father was once a police official (years prior)), [Indian terrorist name omitted]was let go very quickly, and soon the case was thrown out. (Feb 2011)

NSC’s hopes in the Indian Cyber Crimes authorities were lost when NSC’s Indian attorney said (over the phone) that the only way to make forward progress would be if NSC contacted the head of the Cyber Crimes division on his personal email/cell phone, and offered to pay a bribe amount.  The suggested amount was $10,000 USD, or our case wouldn’t go anywhere.  
See Exhibit 28 Case filed against Prashant/TPS; Judge initially orders his arrest
See Exhibit 29 Payments Made to Indian Layer
See Exhibit 30 Cyber Crimes drops the case, says we need to file in the USA

NSC was now being attacked with more fervor than ever before by [indian terrorist name].

Federal Court Order: Judgement Ordered to Remove Defamation (October 2012) Exhibit - 18

Federal Court:

NSC was in a hell situation after almost a full year of being systematically attacked without mercy by [Indian terrorist name omitted].  Regardless if [Indian terrorist name omitted] would stop the attacks; the hundreds of false negative reviews posted all over the internet was taking a terrible toll on NSC’s sales.  

NSC hired a Brooklyn, NYC based attorney specializing in internet law. Brett Lewis Esq took NSC’s case to Federal Court to sue [Indian terrorist name omitted] in the hopes of receiving summary judgement to have fake reviews removed from the internet.  

A painfully long due-process ensued which included hiring a servicing agent in India to find [Indian terrorist name omitted] so he could be legally-served about NSC’s suit against him.
NSC hired a private investigator in Mumbai to try and gain information about Prashant’s physical home and office locations.
See Exhibit 32

Finally on October 26, 2012, default Judgement was ordered in favor of NSC ([Indian terrorist name omitted] never replied to the servicing or hired counsel to represent him in court).  

“Ordering TPS to remove all such false reviews, including, but not limited to, the reviews listed below [in court order doc]”
See Exhibit 31

Tremendous Legal Costs and Additional Losses Exhibit - 19

Costs and losses build and build (eventual zero value):
NSC spent at least $90,000. on lawyers filing cases and motions in various courts.  
NSC spent at least $150,000. In staff time fighting to protect and defend itself.
NSC spent approximately $115,000 in click fraud to Google.


Due to the horrible reputation (literally hundreds of false defamatory reviews online) NSC conservatively estimates lost sales in the range of $500,000 - $750,000.  

(Post-Attack Costs: It took NSC 2-3 years to rebuild their software systems and website from the ground up. Cost: $650,000. utilizing American developers.

Est. Net losses 1.7million USD

Extorition Payments / Extortion 'Agreement' (July 2012) Exhibit - 20

Extortion Payments: After NSC had exhausted all legal options and was on the brink of collapsing from 18 months of nonstop attacks; extortion payments were negotiated through NSC’s attorney and [Indian terrorist name omitted] himself.  The Extortion payments were negotiated to be paid out over 24 months so [Indian terrorist name omitted]would be motivated to refrain from continued attacks. In total $72,000. was paid to [Indian terrorist name omitted].  ([Indian terrorist name omitted]demanded that NSC agree to take down the public facing website which itemized each of Prashant/TPS’s attacks; DontOutSource.com mentioned in clause 17)

The ‘settlement agreementSee Exhibit 33agreement’ (extortion) outlined many of [indian terrorist name] terrorizing attacks against NSC.  

[Indian terrorist name omitted] signed the document on each page with his signature and stamped with [indian terrorist name] company seal; further solidifying his direct admission having committed heinous and relentless attacks against NSC.  

July 2012 - July 2014)


See Exhibit 34 extortion payments made to [Indian terrorist name omitted]

Google Not Cooperative (Jan 2013) Exhibit - 21

NSC was not able to make timely payments on approx $20k in overdue legal fees to its primary attorney which represented NSC in the Federal Court suit.  

Google’s legal department was inconsistent in complying to the court order and many new defamatory URLs were being found that were not listed on the original court order.

Further it had become impossible to establish any direct line of communication with a Google legal.  

Henceforth, Google ‘ran the clock out’ (more than 30 days) on final summary judgement. Therefore NSC was told by their attorney that amendments wouldn’t be possible to add to the court order.

NSC was told unless they could pay overdue legal fees to their attorney there was nothing else that could be done. (January 2013)
See Exhibit 36

Google Refuses to Honor Court Order (July 2013) Exhibit - 22

NSC pays down overdue legal fees and NSC’s attorney continues to reach out to Google’s legal department to comply with the court order.  

Google’s ignores requests or complies without any explanation or consistency.

See Exhibit 53 (during 2013, approx 1 year after court ruling)

 

 

On 08/15/13 08:40:56 brett@ilawco.com wrote:

Dear Google Team,

 

I am copying you on the correspondence below from my client so that you can see the urgency of the situation.  A number of the links that were included in the Court's Order (below) and pursuant to which Google de-indexed false and defamatory links last October, have been re-instated under new URLs.  We provided documentation that the content in these new links is identical to the content in specific false and defamatory links that were included within the Court's Order. As you can see, the reappearance of these false, disparaging and blatantly malicious reviews posted by a former disgruntled IT contractor is having an immediate detrimental effect on our client's business.  We implore Google please act quickly to de-index these links before more harm is done.

 

Please contact me directly if you have any questions.

 

Thank you.

Brett E. Lewis, Esq.

 

718 243-9323, ext.2


 

---------------------------------------------------------------

 

 

From: Brett Lewis <brett@ilawco.com>

Date: Wed, Jul 31, 2013 at 7:45 PM

Subject: Re: [#1144874130] Your Request to Google

To: The Google Team <removals@google.com>


 

Dear Google Team,

 

We are writing to request that several links covered by the attached Court Order be removed from your index.   The following links redirect users to Web pages, containing false and defamatory reviews, that were identified in the District Court's Order of October 26, 2012.

 

1.  http://www.pissedconsumer.com/reviews-by-company/the-natural-sapphire-company.html

 

Identical to following links ordered disabled by Court Order:

 

vi. http://the-natural-sapphire-company.pissedconsumer.com/thenatural-

sapphire-company-credit-card-20110824257445.html

vii. http://the-natural-sapphire-company.pissedconsumer.com/henatural-

sapphire-company-www-thenaturalsapphirecompanycom-

are-fraudsters-20110514237589.html

viii. http://the-natural-sapphire-company.pissedconsumer.com/thenatural-

sapphire-company-tricks-consumers-by-pitching-theirsapphires-

as-investment-grade-in-re-20111028271158.html

ix. http://the-natural-sapphirecompany.

pissedconsumer.com/want-to-ruin-your-engagementthen-

buy-from-new-york-based-the-natural-sapphire-company-

20120224299768.html

x. http://the-natural-sapphirecompany.

pissedconsumer.com/want-to-up-your-engagementbuy-

sapphire-engagement-ring-from-new-york-based-nsc-

20120301301307.html


 

2.   http://www.ripoffreport.com/r/The-natural-sapphire-company/internet/The-natural-sapphire-company-Walter-Arnstein-TNSC-NSC-Your-Credit-Card-Information-is-N-762919

 

Identical to following link ordered disabled by Court Order:

x. http://the-natural-sapphirecompany.

pissedconsumer.com/want-to-up-your-engagementbuy-

sapphire-engagement-ring-from-new-york-based-nsc-

20120301301307.html


 

3.  http://www.complaintsboard.com/complaints/the-natural-sapphire-company-there-are-at-least-700-800-complaints-registered-against-natural-sapphire-company-c599350.html

 

Identical to following link ordered disabled by Court Order:

xxvii. http://www.complaintsboard.com/complaints/the-naturalsapphire-

company-ny-new-york-c591544.html


 

4.  https://myspace.com/435928922/video/the-natural-sapphire-company-behind-the-scene-story/108567395

 

Identical to following link ordered disabled by Court Order:

lii. http://www.myspace.com/video/580205264/the-naturalsapphire-

company-behind-the-scene-story/108567395

 

We request your assistance in removing these links from your index.  

 

Thank you for taking prompt action on the URLs listed above.  Please let us know if you need any additional information.

 

Regards,

 

Brett E. Lewis, Esq.

Lewis & Lin, LLC

45 Main Street, Suite 608

Brooklyn, NY 11201

(718) 243.9323, Ext. 2

(718) 243-9326 (fax

www.iLawco.com

www.TrademarkAttorneys.com

 

Brand.com Legal Department Suggests Adding New Links to Court Order (Jan 2014) Exhibit - 23

Brand.com Legal Department:
NSC was being contacted very frequently by ‘reputation management’ companies soliciting services to help with the hundreds of defamatory reviews still online.  Google’s legal department was not responding with any consistency to removal requests from NSC’s attorney.

The following is a statement from Michael Arnstein about his history and interactions with Brand.com’s legal department:

After talking with representatives at Brand.com I initially agreed to sign up to pay them for brand management services.  I was told that professional writers would create articles about NSC and have them posted on popular fashion and lifestyle websites; which would supposedly rank higher in search results than many of the defamatory reviews, hence making them less visible.  

I continued to drag my feet about signing a multi-thousand dollar agreement for several months.

The representatives at Brand.com continued to call me as our online reputation remained full of fake defamatory reviews.

I was eventually put in touch with Brand.com’s legal services department where I was shocked to hear what they told me after I sent them a copy of our court order.

-I was told that our lawyer had ripped us off and didn’t deal with our issues properly;
-They told me that there was no reason at all to have gone to a Federal Judge;
-That a local municipal court would have been a lot faster and just as effective;
-That Google’s Legal Dept would comply with the same consistency regardless of the branch of government or even country; in fact I was told that Google had deindexed URL’s after they were sent from a ‘tribal court’ in a South American country.
-They told me even a small-claims-court ruling ( no attorney necessary) would have the same results in Google’s legal dept complying.  
-I sent them a copy of the court order I already had.  They told me that I didn’t need to go back to court about new URL’s not listed on the order, because the court order said ‘ordering TPS to remove all such false reviews, including, but not limited to’,
-The judges wording in the order ‘not limited to’ was good enough to include other similar URL removal requests.
-BRAND.com’s LEGAL DEPT TOLD ME THAT I COULD ADD THE OTHER LINKS TO THE COURT ORDER. I interpreted this as being within the legal limits of the injunction order, and then put new links in the frame of the court order. I did this because Googles legal dept would NOT respond to links submitted by email in their online submission form. Google would only comply if the links were directly in the order.  

I was now very upset with my lawyer who handled the federal court order because he never told me that the order covered ‘NOT LIMITED TO’ links as Brand.com legal dept had told me.
On the contrary; our lawyer told me he couldn’t help more until we paid him a lot more money and he would have to start the process all over again.  (See Exhibit 36 page 3)

I spent so much time and money, I was really upset at our lawyer and my situation. This is why foul language and anger is displayed in a direct quote from Michael Arnstein the Criminal Complaint, page 8, Section Q. (Exhibit 39)

Unfortunately for my criminal defense, Brand.com’s and their legal department went out of business a few years ago and getting their statement on how they advised me has become very difficult to track down those former employees

See Exhibit 54 for Brand.com details

Michael Arnstein Submits Court Order with New Links to Google (Feb 2014) Exhibit - 24

Michael Arnstein alters court order and submits to Google’s Legal Dept:

After conversations with Brand.com ‘legal dept’ rep, the original court order was edited by company staff per direction of Michael Arnstein to include additional defamatory URL addresses, as well change the stamped date of the court document to a more recent date.  

Google replies approximately 2-6 weeks later with inconsistent deindexing of the URL’s listed on the court order (no explanation as to why some but not other url links were deindexed).

Over the next 3 years approximately 10 altered orders with defamatory URL’s related to defamation reviews/websites which [Indian terrorist name omitted] posted were sent to Google.  

Google sometimes did not respond at all to the submission and or was inconsistent in deindexing links.

NONE of the urls submitted were from genuine customers of NSC.

 

3 1/ 2 Years Pass (2013-2017) Then Michael Arnstein is Arrested Exhibit - 25

Michael Arnstein, President of NSC is arrested on April 17, 2017 by Federal US Marshal’s and charged with 3 counts related to forgery of a judge’s signature after being reported by Google for submitting requests to de-index false and defamatory reviews from Google’s search algorithm.  

Arnstein faces up to 15 years in prison (5 years for each count).


See Exhibit 39

Google Reverses De-Indexed URL's. Worth Noting, NSC has Paid 2.4million+ dollars in Advertising to Google up to this point ) Exhibit - 26

April 2017 Google reverses dozens of previously de-listed URL’s related to false defamatory reviews on NSC.  
NSC has paid Google over $2,446,000. Dollars over the years of for pay per click ads.
See last page of Exhibit 21  which shows $2.4m in total payments to Google

Indian Terrorist Continues To Post False Reviews Exhibit - 27

[Indian terrorist name omitted]Continues to post negative reviews (as early as 2015)

See Exhibit 41

More Threats & Harrassement (April 2017) Exhibit - 28

[Indian terrorist name omitted] harasses NSC Immediately after Michael Arnstein’s criminal charges are reported in the Press:

[Indian terrorist name omitted]immediately starts to harass NSC.  

NSC’s attorney proactively emails [Indian terrorist name omitted]directly to ask him to stop.

[Indian terrorist name omitted] responds that he is worried about his reputation online….


See Exhibit 40

Google Refuses to Honor Original Court Order (May 2017) Exhibit - 29

May 31, 2017 update:

Attorney Brett Lewis Esq emails Google’s Legal Dept with original court order.

 Google refuses repeatedly to comply in any way.

The irony of Google turning-in one of their customers to the Justice Dept who was being extorted and defamed, while at the same time refusing to honor a Federal Judge’s Court Order is appalling.  

See Exhibit 56

NSC Civil Attorney Statement: Worst online attacks he's witnessed in 17 years of law Exhibit - 30

Witness Testimony:
Attorney Brett Lewis who was hired by NSC’s in the federal court case against Prashant/TPS wrote this statement of experience.  

His opening statement is extraordinary.
“We represented The Natural Sapphire Company in connection with what was the most malicious, cold-blooded, and sustained attack against a business online that I have ever witnessed in 17 years of practicing law.”

See Exhibit 37 for full witness statement.

All of NSC’s current NYC based employees have been with the company for 5 years or more; many have been with the company for more than 10 years.  

Witness testimony of NSC’s staff share additional personal experiences and supporting evidence of [Indian terrorist name omitted] attacks.

See Exhibit 42

Prosecution Refuses Any Plea Deal (July 2017) Exhibit - 31

July 2017

US Attorney’s Office declines any and all ‘plea’ deals related to an application for Deferred Prosecution even in light of being given extensive documentation related to the mitigating circumstances of attacks against NSC and risk of Google Delisting NSC's organic web results (history of this risk shown below).

Google’s Legal Dept brought this case to the FBI. Should Michael Arnstein/NSC be found guilty as charged it is very probable that Google will drop NSC as an advertiser and de-index NSC’s organic search engine listings.  This belief can be exhibited through multiple similar experiences of other companies. This will effectively put NSC out of business overnight.
Here is one example:

Ascentive, LLC v. Google, Inc., 2:09-cv-02871-JS

...Ascentive-Google relationship deteriorated, ... (Google’s correspondence just cryptically cited “multiple policy disapprovals”). After Ascentive had spent over $645k as an AdWords customer in 2008, Google kicked Ascentive out of the AdWords program. A week later, Google completely dropped Ascentive’s website from its search index. As a result, Ascentive was frozen out of both Google’s organic search results and sponsored links, and not surprisingly, Ascentive suffered a “severe drop in online sales”

Additional details of the referenced quote above can be found here.



 

Prosecution Recommends 12-18 Months Prison (August 2017) Exhibit - 32

August 7, 2017:

US Attorney’s Office informs Michael Arnstein’s attorney they will offer no ‘plea-deal’ for non trial guilty admission.  

Further they are recommending 12-18 months prison followed with probation; felony conviction.

Indian Terrorist Harrassment (August 2017) Exhibit - 33

August 2, 2017:

[Indian terrorist name omitted] starts sending harassing/threatening emails to Michael Arnstein.  

(Earlier in the year [Indian terrorist name omitted]had made it clear through anonymous ‘chat’ that he would destroy our company if his name was defamed in anyway in the criminal case of USA vs Michael Arnstein).

Exhibit 60.

Worth Noting, NSC's Real Customer Reviews Exhibit - 34

Real Customer Reviews:
As the extortion payments were made to [Indian terrorist name omitted]; most of his attacks stopped.  

NSC signed up with a 3rd party independent customer review service that carefully validates genuine customer reviews. 
 

  • By 2018, NSC has a near-flawless record of over 1000 5-star reviews on TrustPilot.com (see live rank here).
  • NSC is ranked #1 out of 160 competitors in the category of jewelry on TrustPilot (see live rank here).
  • Furthermore The New York Better Business Bureau’s grading of NSC (member since 2008) is ‘A+’. (See live rank here)

See Exhibit 38 for printable screen shots

Formal Guilty Plea (Sept 2017) Exhibit - 35

September 15, 2017:

Michael Arnstein formally pleads guilty in Federal Court, Southern District of New York.

Judge Andrew Carter sets sentencing date of April 20, 2018.

FBI Investigating Brand.com Asks Judge For Delay In Sentencing April - October 2018) Exhibit - 36

April 2018:
FBI office in Philadelphia contacts sentencing Judge asking for a postponement of sentencing.  

Request is granted so the FBI office can use Michael Arnstein as a witness and support in investigating Brand.com

July 2018:

FBI office in Philadelphia claims their caseload is very heavy and they still have not had time to allocate resources to their Brand.com investigation.  
They continue to ask for more time from the sentencing judge. The judge delays sentencing again, but states the final date as October 19.

Final Sentence (October 19, 2018) Exhibit - 37

Federal Judge Andrew Carter states in his sentencing that ‘general deterrent’ is the primary need to follow a guideline-sentence.  Mitigating circumstances are not weighted in his decision.


A legal expert writes to Judge Carter on the injustice of Google’s immunity to aid online defamation victims.  This Excellent submission (Exhibit) clearly documents the history and current laws that do not offer protection to defamation victims.
 

Letters to sentencing judge on Michael Arnstein’s behalf.
 

Final Sentence:
9 months incarceration

5 months home detention

3 years probation

$20,000. Fine


Important to Note:
 

Closing Comments

 

The Natural Sapphire Company paid over 1 million dollars to an Indian programmer. When the business relationship was discontinued for poor quality work, the programmer became a cyber-extortion-terrorist hell-bent on destroying his former client. 
 

The Natural Sapphire Company/Michael Arnstein pursued every legal remedy.  After obtaining a genuine Federal Court Order, Google continues to reject any assistance to remove proven defamation, Google gives litle to-no-support to individuals or companies seeing defamation relief - even with a genuine court order.   Google’s legal department is beyond oppressive in in-action, they are the judge, jury and prosecutor.
 

Google’s advertising machine is a monopoly with additional forced burden on any company that has been subjected to defamation.
 

Michael Arnstein’s reputation online in news headlines is characterized as a criminal jeweler who allegedly tried to remove ‘negative reviews’ from the internet with little to no information about these reviews being fake or plight to have them removed. This untruth is incredibly unjustified or warranted.
 

A very well written Amicus Brief (independent expert on online defamation who is in support of laws changing related to online defamation/search engines) submitted to the sentencing judge.

An honest and thorough reporters article on this story:

https://searchengineland.com/verdict-is-in-for-ceo-involved-in-forging-court-order-over-reputation-attack-307719

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