狼协
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加入时间: 2004/02/14
文章: 5215
经验值: 12262
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作者：狼协 在 众议院 发贴, 来自 http://www.hjclub.org
由于老狼已经回到美国，法律诉讼提到议事日程。随着诉讼的进行，所有相关文件都即将曝光。现将诉讼证据之一，新海川技术员熊亚瑟（Arthur Xiong)的雇主Commercial Scientific Corporation的CEO给海纳百川俱乐部的信件公布在此。实际上，此信早已被熊亚瑟交塞上客栈坛主鸡头肉在那里公布过。我们现在再次贴出，是因为老狼马上要发表给该公司的回信，作为参照，先公布对方来信。本来我们作为原告，只管诉讼进行就是，不必发表这些文件。但是我们认为这些文件能够更好地告诉网友真相，使得新海川诸君的真实面目大白于天下，所以就顺便发表与此。
Commercial Scientific Corporation
1880 Century Park East, Ste 1402
Century City, California 90067
Tel 310-282-8398 Fax 310 282 0488
E-mail [email protected]
Leonard G. Gordon
Chief Executive Officer
Register Letter To:
Mr. Kangyuan Fu, Chairman
HJ Club, Incorporated
2375 Hudson Terrace S.E.
Fort Lee, New Jersey 07024
Dear Mr. Fu:
I am writing this Two-Part Letter in order to place on the written record certain of the matters that you first brought to my attention during this past Wednesday morning's approximately 20-minute telephone conversation that you placed to me. I understood from you that the purpose of your call was to follow up on a letter that we had received from you on Feb 13th, in which you demanded that our Company return to you, a certain computer server and its content. Your surprising and totally unexpected demand triggered my curiosity about the overall situation and we decided to look further into the matter. We have now completed some forensic research and in the process learned that there had been some highly suspicious activity going on with your accounts with Commercial Scientific Corporation.
The two parts of this letter will give you an idea of why we cannot perform according to the demands that in your subject letter. This letter, in fact, is placing you and your colleagues, known and unknown, on notice that not only will we retain possession of the subject server, until further notice but we will consider pursuing remedies, against you and your colleagues, including unpaid financial, lost opportunity, and other, as yet undefined obligations to Commercial Scientific Corporation.
Part I
1. Our Company has learned that we were unwittingly hosting a server for HJ Club that was first moved into our facilities by Arthur Xiong some months before HJ Club started to pay for the services. This concealment was made possible because Xiong was, and continues to be, an outsourced contractor authorized to supervise and provide the day-to-day management of all our computing facilities. Be advised that Xiong is not, as you incorrectly stated in your letter, "an employee" of Commercial Scientific Corporation. We have now calculated that we unknowingly started to host the HJ Club server beginning in approximately August 2002. The first payment that HJ Club made to us was on Oct 1. 2002, which means that no hosting services fees were paid for at least 2 full months prior to our learning about unauthorized server.
2. We also learned during our research that while Xiong was contracting for us, he used a considerable amount of paid professional service hours performing design, content development, communicating, and other related kinds of work for HJ Club. We discovered that virtually all of this work was being performed for you and HJ Club while we are paying for his working hours. He has now acknowledged that he fulfilled the responsibilities not just of hosting services, but also for the networking that became the backbone of the HJ Club's variable activities. We have been able to fairly and reasonably estimate that Xiong diverted an amount in excess of 150 professional services hours, during his office time that we paid for, into the beneficial ownership and possession of you and HJ Club. We also discovered that you are fully aware of the fact that Xiong has been doing all these work for you while using the office hours that we had paid for. Commercial Scientific Corporation thus has all the legal rights to be reimbursed of the earned consideration (plus interest) from HJ Club. It is a rightful obligation that you knowingly and secretly incurred to Commercial Scientific Corporation and you must assure that it will be fairly, reasonably, and expeditiously paid back to us.
3. During November of 2003, we found that the server was not only hosting a chat room for HJ Club, but was also hosting the following additional websites: "haiguinet.com", "wholesalefair.com" "Futureideas.com", "Marblefireplaceworld.com", "coastide.com", and "bzport.com". We were shocked to find out that HJ Club had placed all of these unauthorized websites onto our system and that there was an obvious multi-party conspiracy in place for the purposes of secretly taking advantage of our professional hours and our facilities.
4. We are convinced that the conspiracy was designed and used, in part, to avoid paying the requisite fees and charges. At some time prior to the beginning of our investigation we confronted Xiong about the server he was spending so much time on, and `he then talked with you about our questioning and afterwards you apparently agreed that you would be willing to begin to pay $120.00 monthly for the hosting services.
5. In January 2004, we did not get a payment from HJ Club. We advised Xiong that if we do not receive payment by February, we would have to cease providing the hosting service to HJ Club. We did not get any response for almost a month. We were forced to stop the hosting service by February.
6. We are now convinced that Commercial Scientific Corporation has been intentionally, illegally and materially, harmed by HJ Club's actions and omissions. We deserve to be compensated for all the above wrongdoings that were knowingly committed by you, HJ Club, and its associates. Accordingly we will do whatever is necessary to right these egregious and malicious wrongs by pursuing all of the remedies that we are legally entitled to.
Part II
1) In my judgment, the objective in your letter and telephone conversation was to use threats, deception and whatever else it might take in order to coerce me into delivering the subject server and its content into your possession. It should be noted here that we found out that there existed a dispute between Xiong and you, personally, about the legal ownership. Your premeditated decisions and actions became coercive when you deliberately tried to get Commercial Scientific Corporation, an innocent third party into your existing dispute, involved, in order to bring about a quick and invisible benefit of delivering the subject property to you. This action is in line of all the previous behavior that you and HJ Club apparently doing as your business model. The coercion then expanded into a form of blackmail when you said; and I quote: "either you return the server and its contents to me now or I'll sue you".
2) During the rather argumentative, and sometimes rude, conversation you and I had on the phone, you did repeatedly acknowledge and accept that the demands you're presenting to our Company are really about Xiong, that he's the one that was holding and operating the server. In our telephone conversation I, unsuspectingly, attempted to use my best efforts to "Nip-In-The-Bud", so to speak; what I saw as a growing potential conflict by suggesting that you attempt to reach a quick and simple understanding with Xiong. What you did say was that it was not possible for you and Xiong to agree on settling and that's why you were contacting me.
3) Further along in our telephone conversation, after it became obvious that something was clearly wrong about the issue of possession of the server, more than the cost of it alone. With that discomfort in mind I pointed out to you that I would likely need Xiong's concurrence before I would consider returning the server to you. You became very upset at that point and you threatened me with a lawsuit if I didn't return the server to you immediately. I asked why you didn't make it simple and just bring the lawsuit against Xiong. You became surprisingly angry at that point and said that you were going to sue me because, and I quote you: "Arthur does not have any money!".
The purpose, then, of this Two Part Registered Letter is to put you on formal notice that you have, in my layman's opinion, committed something approximating blackmail as a result and by your using the threat of a lawsuit in order to obtain the server from me and my Company when you knew full well that there was a dispute among your own group of people. In my opinion your pattern of behavior may well constitute the commission of one or more criminal acts. Your multiple party decisions and actions may well meet the "R.I.C.O." statutes criteria; and your doing these things across state lines and via telephone, it seems to me, place you and any co-conspirators in jeopardy of even further prosecution.
My first request to you is to act immediately to remove our Company and me from the situation, that you have created, and to do so in writing. My second request is that you calculate and pay the amounts of rightfully earned cash consideration that is due and payable to Commercial Scientific Corporation. in exchange for the professional and other services that you and your co-conspirators secretly took from the Corporation for the benefit of yourself, and for HJ Club. My third request is that you should get all of the issues in this letter resolved in a fair and reasonable way. Please be advised that any hesitation on your part, or any further interference with our Company, will force me into the action of placing the server in the hands of an appropriate authority that will sequester it until this conflict is otherwise resolved.
Sincerely,
G. Gordon
c.c. Arthur Xiong
作者：狼协 在 众议院 发贴, 来自 http://www.hjclub.org |
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诉讼法律文件曝光，抢劫的证据：亚瑟公司CEO给海纳百川俱乐部的信
