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HomeMy WebLinkAboutE-mail – from Frederick Weaver 12.25.14 - regarding DocuSign Sweeney, Kathleen From: Frederick Weaver Ifred lweaver icloud.com] Seat: Thursday, December 25, 2014 5:37 AM To: District Attorney Cc: Hahn, Paul; Sweeney, Kathleen; Connelly, BRI; Wahl, Larry; Kirk, Maureen; BOS District 4; Teeter, Doug; NEWS@KUSI.COM; dlittle chicoer.com; sschoonover@chicoer.com; tlor a@chicoer.com; barrigoni@orovillemr.com;, acarpi o a chicoer,com; agebb chicoer.com; rodson chicoer.com; dreidel chicoer.com; lurseny@chicoer.com; smau@chicoer.com Subject: DocuSign - 4 Executives and Board Members involved in 20 Class Action Lawsuits for Fraud Attachments: 2 - DocuSign Chapter Timeline including Marc Benioff.pdf; 5 - lawsuit against Keith Krach for Violation of Securites Laws.pdf; Keith Krach -Angie's List Lawsuits -The Motley Fool.pdf- LAWSUITS AGAINST NEIL l-IUD PIT .pdf 000F� Hcy Mike, Looks like. Butte County has gone digital with DocuSign. Did you or anyone in your department investigate any of the top individual executives and Board Members at DocuSign, before you `signed" up with DocuSign? But I bet you don't know this about Keith brach CEO and. Chainnan of the Board for DocuSign? And his direct report to Neil Hudspith Chief Revenue Officer at DocuSign? Keith 1Krach, Neil Hudspith and two others at DocuSign are involved in a combined 20 Class .Action Lawsuits for Securities Fraud, Accounting Fraud, and Misleading Investors. And Neil l-fuspith's upcoming trial for Insurance and`fax Fraud is scheduled.February 2, 2015 - 9.05 AM Dept 33, Martinez, California. C�jset ° _:1 - �1 ]w.r_FED R 11 IN SU ANCE ti'() �l l��sml-lta�l�Sm�' -rij Why would Keith Krach the; Chairman of the Board and. CEO of DocuSign lie to analysts? Why would. Marc Berkoff the Chainnan and CEO of s,,sfZZ) cec,onj lie about his relationship with Neil I--ludspith of DocuSign? Why is Michael Dinsdale the Chief Financial Officer for DocuSign trying to distance himself from Neil Hudspith? Why has Keith Krach avoided being questioned in Neil Hudspiith's Tax Fraud lawsuit? After all, Keith Krach claimed he personally pertbrined S (eight) reference checks on Neil Hudspith? Maybe the answer is because... DocuSign is the only company in the history of the United States to have four current officers, (including two current board members), being recently involved in a combined total of over Twenty (20) class action lawsuits for the identical charges of Securities Fraud, Accounting Fraud, and Misleading Investors. And. Keith Krach is one of those individuals: • Keith Krach, current CEO and Chairman of the Board for DocuSign Michael Dinsdale, current CFO for DocuSign • Neil Hudspith, current CRO for DocuSign Mary Meeker, current DocuSign Board of Directors Member, and also key DocuSign investor with venture capital firm, Kleiner Perkins Caufield & Byers This all surfaced when I received a random call from the United States Internal Revenue Service, accusing me of Tax Fraud. What I was to investigate and find out, was that Neil Hudspith along with his previous company Taleo, and their long time auditor Deloitte, submitted fraudulent tax information related to Neil Hudsith's two year rental of my home. When I further investigated, it turns out for 2008, Neil Hudspith and his company were named in 12 (twelve) Class Action Lawsuits for Securities Fraud, Accounting Fraud, and Misleading Investors. Neil Hudspith and his accountants `offloaded' expenses to my 2008 tax liability which did not surface until that call I received on April 1, 2011. In addition to inflating the rental amount Neil Hudspith and his company paid me for 2008 rent, Neil Hudspith, his company and accountants Deloitte, claimed I was paid $266,761 dollars in Attorneys Fees. I started investigating further, and found others who now work with Neil Hudspith at DocuSign, sharing a similar past. And Keith Krach also has a similar past, with the same Class Action Lawsuits for Securities Fraud, Accounting Fraud, and Misleading Investors, while Keith Krach was CEO and Chairman of the Board at his company Ariba. Take a look at the attached timeline involving these individuals. Notice that earlier this year Keith Krach was also the Chairman of the Board for another US company called Angie's List and during that time, the same Class Action Lawsuits for Securities Fraud, Accounting Fraud, and Misleading Investors, were filed against Angie's List...WHILE KEITH KRACH WAS THERE rt These lawsuits filed against Angie's List are for the same identical Fraud charges against Keith Krach personally, and his company Ariba while Keith Krach was CEO and Chairman of the Board there also. I have full copies of all the Securities Fraud lawsuits that Keith Krach, Mary Meeker, Michael Dinsdale, and Neil Hudspith have been involved in. For the complete story, I recently published book, which goes into considerable detail. When you get a chance, you should check this out and preview the first part of the book. It is available on Kindle, and you could have it in less than five minutes. httu://�,N7ww.arnazon.com`DocuSi ti-k-Hustle-Would-'I'iti14t-Mone - ebook/d�/B00PX4QL28/ref= sr 1 2?ice=UTFB&chid=1416850202&sr=S-2&keywords–docusi n You should follow me on my other pages and Twitter, so you will be one of the first to know when I release my Second book—that one is the `Main Event'. Mike, I am sure none of the folks at DocuSign disclosed any of this to you. Don't take my word for it. Do a little investigation yourself. Or have your investigators contact me, I have already completed the investigation, and I have tons of files on this if you would like a Dropbox link,hard copies, etc. 2 I am also offering free of charge, to meet with you or any of your group, and provide a complete presentation on fraud investigation. I am currently presenting similar information to agencies on the East Coast, and will be available mid January, 2015, or sooner if needed. Check out my LinkedIn profile. I trust you will find a complete and credible career profile. My goal is to put Neil Hudspith in jail...this is now the 13th lawsuit for Fraud he has been involved in. And he is only a `guest' of our country. Someone has to stop these types of people. Please feel free to call or contact me directly. Sincerely, Fred Weaver 213-840.8292 fredIweaver Dr) rsail.conl www.ipohustic.com www.facebool,�.com/IPOliu-,tic DocuSi n - The IPO .I�lustle? OLFredLWcaver 3 Date History&Co..,. Neil Himisdith,Keith touch,Macy Meeker,and Michael Dimel.le i With Doistai April 12,1999 lAi,,In,idfi19 Kpith Mach in a,radio interview regarding he company Anna,save ha is building'a great company and focused a,,tha laing run' June 23,1399 WARIJUNC Aria.bar...,Publi.C..p.ry July 1909 ftffi'iniuhi is I rvrivi"""Mary Medker of Morgan Stabley'lavoil—eloquent pieslion Arita 7999 1,i,.d looth Koch cells 2.2 drillid.shares Batting 5179 million,as part of management pocket ng$18 billion,while investors duffer ri losses January 2001 19Kl,,&,kV hi ,vi„s Arise reports financial results and Change in Revenue Recognition Pokey lanucry 12-2001 IklEswdii�g ur"silm Keith Ktych,Ids during inteview on CNBC denying Rover-,fer.gramn d.ImV&-gio atAriibc,lawng credibility wVnir analyst, March 21,2001 r,nuu1 Class Action L—guitfil.al against Arica for Violation of Federal Socurnes Laws,also mentioning Morgan Stanley April 3,2001 I6iA10,11liG Arod took crid...at$4 44 dr—f...52 week high of$173,50.Kaith south ri rnasslve wn,kfrFr layoff, May 1,2001 i--W Mary Mass.,confit—to hype sinking stocks,while pocketing$15 dyllion in stock scoot during mareve Bases ooh investors August 1,2001 Fi'ii'd Two Class Action Suits filed against Mary Meeker and Morgan Stanley Dean Witter for violation of Securities Laws and Security Proud Jamppm,14 2003 H-d Securities and Exchange ConamSuiced begins formal investigation offArba's accounting practices February 12,21 Fraud CBs,Acrunin L—ni filed against Auba far Simon-of Federal Securities Lee,,by Issuing a senea of Materially False and Misleading Stuserments A,fificalliv Inflating Market P,!to of A,ba', took June 6,20UA t,,,4 Mary Mershon.r is quoviamed-conflict ch,,itnuest,rinhgance and fraud by the Nacional Association of Socuntes Designs April 7,2007 ARR El,f t D K,UW E D Keith R,aph p,lied over while&ving and lies to police about alcohol consumption,and is arro.cted for Driving Under the influence,wild Blood Tanit'Coluits of 19 Alcohol,over Tua-the Legal Limit 2008 H""d Neil Hudspith cashes out massive stock caucus,as his company Takeo is accused of Accounting fraud and Change in Revenue Recognition. 2008 1,,,," 12 Class Action tia—it.,filed against NI Hudspith's,firm Tolac,Corporation for Securities Fraud,Accourning Fraud and Misleading Inviists" March 2010 1:,'," With Mike Crusade as CFO,Lithium 7e,nirmediI cuts deal to poi Scout Lab,,in—ked in by Min.,Ventre as May 2010 1:111"M11110hil i6,ws.P Mike Dinvd.l.joins D—Sen a,Chief Financial Office,-Prev-sly CFO of Lithlor.Trchnal-gle, August 1,2010 �rs,,,d Neil Hud,,pidn—va,out after Sni Seat and Ter damaging Rent Subsidized 5uhup.t home,fraudulently t.nodeling and protecting the responsible party for damage A.gn,t24,2010 Fiit,id Lawsuit filn.d og4ibsk Lithium Teelmi orstrateglo acquisition Mike Dusdal,as CFO,Put Uigather with Minor ventures,accusing of hmeru—i Misrepresentation,.Frand,and Fraudulent C.1-al—rit November 20 10 11,10 Mary Marker pains Klein.,Perkins Caufaid&Byu.,.,.3 partner Useymbe,8,2010 iA[,ire h,li, Rory O'Driscall-Scale Venture Partners,joins DocuSign Board of Directions April 10,2011 '11"I'd IRS cutis Plel,h,ff W"-,,regarding irmassave Accounting Fraud parped,atual by Noid pi and his company Fall May ty Jose,2011 F—d Multiple Cdrufidd Letters sent'-No return communication from Ned Hudspith or Tai. regarding massive Accounting Fraud August 9,2011 Oro.dr rvri lel,al Keith Kirsch joins DocuSIgn es CEO Remember 12,2011 VvcRNIN6 Angle's Listannounces Seri Krach as Chairman of the Board lanuary 2012 J't d Lawsuit filed against Neil Hudspith by Federal Insurance Company July 12,2012 1 hi—iob(e PJA Mary Mookeiricni DresSign Board.1 Directors August 7,2012 vlkrvi"nF' Karl.Faris-Google Ventures joins Dac,,5!g,furidjug round November 2012 wr"'i.i, Mike Dirsdale claims first medling,with Neil Hudspith during Hodspith interview this month Norman,3012 Wd,rulu'w Doug legn—prev—CFO At Toed,during massive Accounting Fraud eaposujoin,fletailMeN.atKarim Faris of Gaogle Vrritunas is an investnr F'a'6roary 2G,2013 I lr 4r. able 0,1 Nell FYud pirh led,Dacus gn as Chief R.—Officer April2913 lra.nd l.a'v"ph filed agAmst I bludspiAh far 6h—h tlf Contract including Damage to Property and IRS Fraud September 14,2013IA vdi.1,, In an lrtarvlew,Keith Klat'h again states Cw Rio Decn5ugml hni.feuung on Imilding a great cnrnpamp And a`s.,ho.ing'r—taary lrelarencesmlar comment about hr'iba,April 12,1944) DeaeRi 24,20Mi I ne„rS Cdnss Acamn Lawsuitfilad in Indiana„mgainsl'Angie's Lit dor Misleading Investors and Filing Materially False and Misleading Financial Staterments December 31,2013 lu,vrsd Ani a Lit Chairman of the Board,Keith Kfach sells oi of Angle's list stackp ksturg$9/,500 January 2,2014 Irrudt 5evar.I Class Aetian Law'snit's annaunoed against Ani irlt during this week for Securi¢ias Violations,Accounting Fraud,.and Misleading investors March u7„2014. NAWNIMK” Keith Krach Annaunces Hot—....t From Angle's List Board of Director, 3014 WAIVOIrK, D ensign positioning with keypuestGonahle Employees and Board Members to continue to Mislead Investors,through, cuddles and Accounting lFra.d Jluna 3,2034 RFRRI PY Attorney fdr Keith Krach,Rodney Strickland commbs Perlorym Ming Move,at Pmtac0ve Order for KeVYh Krach. Attorney Radney Strickland also represents Non-Party W messes Rory O'Ddscoll,Karin,Faris,Michael Dinsdale,and Toon.Ganser lime 15,'2014 &N§d0.Aly Marc 6eniofk',Chairman and CEO of S'al W rce.com cemmits parpry in his Declaration in 5upport of Motion tm Quash and Protective Older to prevent his Deposition. lune 17,2014 I'Va lt1RY^ Attorney for Nom Party With.,Marc Banl0ff-Richard Darwin,eommita.Perjury in riling Motion of PuAectivc.Order for Marc Beniotlf hat started out as a simple twc California Bay areahometw Thefirstproblemwasdeahngwithir OCU IGN become overwhelming to res as Im e-broiled in unearthing internatio The I � tiustle ? as�vclvuig some of the bust nam with ccirrez�t utrres atb+ d a ckff four-year investigation Inas exp are about to share and egme dta People curren ly work with Doi 5 . is the y company in €Icue four �M Offl being recently involved in acombi Would You lawsuits for the identical chaffs o and nvleadi investors- TRUST � � r • r w w a � r • • • i Your Money PRED WEAR worations. His experience cf- Torlei ses V ': i �X47�Te=ent,compame, �, As anattOl ey for tf case, Tri i These Guys' 0 about to become the Iat �terre� €€ Tadeas icet scr�_ e slafes a 3 ' l ko'cuit Chews and,investors re-S Fred Weaver's piece€f 1C.-O. work f ' ""'[ �t € o come.S'1 &, four anyone ITS IN 1113 1-z of v3nyolA. YTSP7T �t G lT 4YiFt�l IL2 FRED WEAVER , All UE AN � � 00RT BASED N A TR 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RICHARD BECHT,On Behalf of } No.C-03-0616-PJII Himself and All Others Similarly Situated, ) CLASS ACTION Plaintiff, ) ) COMPLAINT FOR VIOLATION vs. OF THE FEDERAL SECURITIES LAWS ARIBA,INC.,KIRK A.CRUIKSHANK, RUNE C.ELIASEN,ROBERT J. DeSANTIS,PAUL HEGARTY,EDWARD ) R KLNSEY,KARL C.KLEISSNER j and KEITH J,KRACH, ) Defendants. � DEMAND FOR JURY TRIAL INTRODUCTION 1.This is an action on behalf of purchasers of Ariba,Inc. ("Ariba" or the "Company")publicly traded securities during the period from January 11,2000 to January 1S,2003 (the "Class Period").Ariba is a spend-management software solutions provider. Ariba provides software,services and network access to enable corporations to evaluate and manage the cash costs associated with running their business. 2.On January 15,2003,the Company issued a press release entitled, "Ariba Provides Update on Accounting Review and Restatement of Financial Statements." The press release stated in past. Ariba,Inc. announced today that it will restate its financial statements for the fiscal years ended September 30,2001 and 2000 and for the quarters ended March 31,2000 tlarough June 30,2002 as a result of an ongoing review of accounting matters.The company also announced that because this review is not yet completed,it has not yet filed its annual report on Form 10-K for the fiscal year ended September 30,2002 with the Securities and Exchange Commission. As previously disclosed;Ariba has determined that,for accounting purposes,it should treat a $10.0 million payment provided personally by Keith Krach,Ariba's chairman and co-founder, in March 2001 to Larry Mueller,its president and chief operating officer at the time,as a$10.0 million capital contribution from Mr.Krach to Ariba and the payment of compensation from Ariba to Mr.Mueller.Because no company funds were used and there was no commitment to or from Ariba,the company originally viewed the payment as a personal transaction. The company has further determined that chartered air services,provided personally by Mr. Krach to Mr.Mueller,should be treated similarly as a capital contribution from Mr.Krach to Ariba and a payment of compensation from the company to Mr.Mueller.These services were provided over the period from September 2000 through July 2001 at a total cost of$1.2 million. In addition,Ariba has concluded that certain stock options issued to a limited number of individuals by companies that Ariba acquired during fiscal 2000 should be accounted for as stock-based compensation expense to Ariba,rather than amortized as goodwill.As a result,an increase in non-cash stock-based compensation expense and a reduction of goodwill amortization expense will be reflected in Ariba's restated financial statements for fiscal 2000, 2001 and 2002. The Motley ""o l Pre ie>US P499 F ►l.com- Why Angie's List Shares Got Dumped http://www.fool.com/investing/general/2014/01/02/why-angies-list-shares-got-dumped.aspx Jeremy Bowman January 2, 2014 Although we don't believe in timing the market or panicking over market movements, we do like to keep an eye on big changes --just in case they're material to our investing thesis. What: Investors apparently resolved to sell Angie's List (NASDAQ: ANGI) in the new year as shares of the user-generated reference site were down as much 12% today on insider selling and a series of lawsuits accusing the company of misinforming investors. So what: Angie's List shares had spiked about 7.7% on Tuesday, the market's previous trading day, for no clear reason, so today's drop could be partly the usual pendulum swing after a big movement due to a combination of profit taking, and the market's belief that the stock was overbought. Director Keith Krach also sold 6,500 shares on December 31, 2013 for $15 apiece. At a total of $97,500, the sale does not represent a significant portion of the company -- barely more than .10/0 of its market cap -- but the timing of the decision seems odd as the stock has now fallen more than 50% from a high of $28 this summer. Finally, several class-action lawsuits have been announced against the company this week, most recently one today alleging that Angie's List may have used free memberships to artificially inflate subscription numbers, among other claims. Now what: I don't see any of these events as particularly meaningful to an Angie's List investing thesis. While the subscription charges seem substantial, this is not the first time concerns about its subscription policy have arisen, and the market seems to generally ignore these bottom-feeding types of lawsuits. Still, I remain skeptical of the future of Angie's List for other reasons. While Pandora, Linkedin, Yelp and others in the social media family of stocks have almost all soared since their IPOs, Angie's List is essentially even with its 2012 IPO price of $13, even as the broad market has climbed more than 30% since then. Founded in 1994, the company is by no means young, and still has yet to turn a profit. And when you consider the competition it's facing from the likes of Yelp and Google, Angie's List doesn't even seem to be the best at what it does and, essentially, has no competitive advantages. Don't be surprised to see shares continuing to wander lost. Where the growth stocks are t investors had hoped for, but that doesn't mean they're Angle's List may not be the growth stock tha not out there. In fact, almost nobody sniffs out future multi-baggers better than Motley Fool co- founder David Gardner. Time and time again he's delivered returns like 926%, 2,239°/x, and 4,371% to Motley Fool subscribers. Just recently one of his favorite stocks became a 100-bagger. And he's ready to do it again. You can uncover his scientific approach to crushing the market and his carefully chosen six picks for ultimate growth instantly, because he's making this premium report free for you today. Click here to get access now. Legal information. O 7.995-2014 The Motley Fool.All rights reserved. Previous Pagie LAWSUITS AGAINST- NEIL HUDSPITH - FOR INSURANCE &TAX FRAUD Weaver v. Contra to County Superior Court— Martinez Case No. C 1300701 Federal Ins. Co.v. Hudspfth—Contra Costato up r or Court—Martinez Case No. C1 200117 JURY TRIAL, , 9 tYalCrc �n1TActa�s r rC�krt _ ..,.m.._..._ .....__.,.,_.. ._ ... ._ ... _... R Romp �� ,,,, ,, .�,r;. „° Images D en a ck Search Ca,ge CIVMSCI2 11 w.FEDERAL INS CO VS IHLID ITH' �t11 wr s l�rt Athan Text @71s�adsr irxrl�_ Par s; i=021233 5..9:055 v1 ..JURY TRIAL-LONG CAUSEI 7 DAYS) DEP � 1 01=2015 901 AM ISSUE CONFERENCE DEPT 33 _ Not Apprica le '1/1 9120 1 4 _., _ ._CCdPREE Igr)I92t 01d NOTICE OF ENTRY OF ORDER GRANTING KA,RIM FA IS MTN TO QUASH FILECk_. . 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H AND MOTIONS FOP?PRO (SUPPLEMENTAL DECLARATION)1N SUPPORT OF Nag AppGIil NIA C113P2014 DECLARAT DECLARATION OF Rk�ONEY G STRIC4f.LAND,IR FILES RE SLI m MOTIONS TOQUAS 08!9312014 SERVED ON 081 3114 _ _ PR.,TECTkVE OFILED: NoY Applso-bl' NIA I PROOF OF SEFTVICE'9Y r-LECTRON&C TRANSMISSION OF REPLY MEMORANDUM ETC ON'SEE l-W L Y13 _- MARC _.l ..m.. � ..OF .._ ._ ...... ASH AND FOR ...OTE RDER FILED Not Applicable NIA 0811312014 NON-PARTY I1C SENtd3FFS REPLY IN SUPPORT OF TO QUASH DEPT014 00 AItA HEARING ON MOTION TOIFOR QUASH PROTECTIVE ORDER PREVENTING OEPO OF NON PA,FILEN BY MARC CONTINUED BENIOFF tt 20 4 9:00 A DEPT@Wk...KRACH RORY O D2IISCO�I�OR t1UASN NON-PARTY'SUBPOENA M1TN FOR PRTCTV ORDER FIND BY O EIThI ONTtlNUED