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I was a little busy on other things, so didn't post this. In January, Reza's lawyer, or someone pretending to be Reza's lawyer, sent this to the FPA's hosting company. He tried to get the FPA taken offline for having a client complaint thread exposing some of Reza's actions...
"Reporter's Name: Karol Pawlina
Reporter's Title: Defamation of Mr. Reza Mokhtarian on the internet domain https://www.forexpeacearmy.com/
Reporter's Company Name: AP Law
Reporter's Telephone Number: 416-473-7233
Reported URLs: https://www.forexpeacearmy.com/comm...st-reza-mokhtarian-capitaltrustmarkets.40852/
Logs or Evidence of Abuse: I have been retained by Mr. Reza Mokhtarian in relation to damaging statements you have posted on the internet about his personal and professional affairs to the effect that him and his related business entities are fraudulent in nature. I have enclosed printouts of the subject defamatory statements for your reference.
These accusations amount to a serious defamation of my client, and have resulted in significant financial harm to his business and reputation. To make matters worse, it is clear that you were motivated by malice and envy in making these baseless allegations.
I understand that “free speech” is a valued and protected right in the United States, just as it is in Canada under the Charter of Rights and Freedoms, which guarantees the right of freedom of expression, BUT this right has always been of a limited nature. One of those limitations is founded in Ontario legislation through the Libel and Slander Act, which prohibits the dissemination of defamatory comments, specifically, spoken or written words that discredit an individual in the estimation of right-thinking members of society generally.
Accordingly, the right of free speech does not protect illegal statements, nor should it protect malicious and unfounded attacks against prominent businessmen, such as my client. The statements we complain of are unlawful in Canada. It is contrary to the laws of Canada to post defamatory comments on the internet. This law applies not only to the author of the statements, but also to any entity that facilitates the posting of the statements on the internet, such as web hosts and ISPs. It is also unlawful in Canada to defame a person in respect of their occupation. Moreover, it is unlawful to falsely accuse an individual of committing a criminal offence, such as fraud. Without question, you, your related entities and your affiliates have contravened all of these laws with your postings.
The proliferation of this information continues to have a negative impact on my client and his business affairs. Due to the serious nature of these false allegations, and given that these postings target my client directly and contravene Canadian law, we formally request that you take immediate steps to remove this harmful information from the internet, as it has been and will likely continue to be reproduced and reposted on other websites.
Please note that my client has incurred significant costs in association with the above matter and every attempt to deal with you rationally with respect to this matter has failed, and has served only to inflame the situation.
However, in order to avoid the time and expenses associated with protracted litigation, my client’s primary objective at this time is to have these offensive and damaging postings removed. We hope that you will see that there are extenuating circumstances in this situation that justify the removal of this harmful information.
Notwithstanding the above, my client is prepared to proceed with a court action against you for damages and legal costs if you fail to comply with the following demands:
(i) Immediately remove each instance of the defamatory statements and postings on the internet with respect to my client, which originated from you, your related entities and your affiliates;
(ii) Undertake in writing not to publish defamatory statements and postings on the internet or any other medium with respect to my client (applicable to you, your related entities and your affiliates; and
(iii) Publish a statement of retraction, to be approved by my client, formally withdrawing, cancelling, and refuting all original statements that were defamatory in nature towards my client.
Comments: As mentioned above, under Canadian law, internet providers who facilitate the publication of defamatory material are also not protected from litigation. If this drastic step is necessary, it is likely that every person and entity who has played a role in the publication of the material will be sued for damages. I have also been instructed by my client to retain private investigators and forensic experts to monitor any unlawful activities by you, your related entities and affiliates in the intervening period.
I request that you provide written confirmation of your receipt of this letter and your acknowledgement of compliance with the foregoing demands within ten (10) days of receipt. Unless my office receives the requested confirmation letter from you or your counsel and I am advised of your cooperation, my client will take all necessary steps, including the commencement of actions against you and your affiliated entities in all relevant jurisdictions without further notice to you.
Please note that this letter is delivered to you on a “With Prejudice” basis, meaning that I will tender it as evidence at Trial as proof that you were given this early opportunity to rectify the harm you have caused, but refused to do so.
I hope that you will see that it is in the best interest of all parties involved that you comply with this demand."
The FPA's hosting company knows that the FPA is fully within the law having that thread on display, so passed the threat on to the FPA.
"Reporter's Name: Karol Pawlina
Reporter's Title: Defamation of Mr. Reza Mokhtarian on the internet domain https://www.forexpeacearmy.com/
Reporter's Company Name: AP Law
Reporter's Telephone Number: 416-473-7233
Reported URLs: https://www.forexpeacearmy.com/comm...st-reza-mokhtarian-capitaltrustmarkets.40852/
Logs or Evidence of Abuse: I have been retained by Mr. Reza Mokhtarian in relation to damaging statements you have posted on the internet about his personal and professional affairs to the effect that him and his related business entities are fraudulent in nature. I have enclosed printouts of the subject defamatory statements for your reference.
These accusations amount to a serious defamation of my client, and have resulted in significant financial harm to his business and reputation. To make matters worse, it is clear that you were motivated by malice and envy in making these baseless allegations.
I understand that “free speech” is a valued and protected right in the United States, just as it is in Canada under the Charter of Rights and Freedoms, which guarantees the right of freedom of expression, BUT this right has always been of a limited nature. One of those limitations is founded in Ontario legislation through the Libel and Slander Act, which prohibits the dissemination of defamatory comments, specifically, spoken or written words that discredit an individual in the estimation of right-thinking members of society generally.
Accordingly, the right of free speech does not protect illegal statements, nor should it protect malicious and unfounded attacks against prominent businessmen, such as my client. The statements we complain of are unlawful in Canada. It is contrary to the laws of Canada to post defamatory comments on the internet. This law applies not only to the author of the statements, but also to any entity that facilitates the posting of the statements on the internet, such as web hosts and ISPs. It is also unlawful in Canada to defame a person in respect of their occupation. Moreover, it is unlawful to falsely accuse an individual of committing a criminal offence, such as fraud. Without question, you, your related entities and your affiliates have contravened all of these laws with your postings.
The proliferation of this information continues to have a negative impact on my client and his business affairs. Due to the serious nature of these false allegations, and given that these postings target my client directly and contravene Canadian law, we formally request that you take immediate steps to remove this harmful information from the internet, as it has been and will likely continue to be reproduced and reposted on other websites.
Please note that my client has incurred significant costs in association with the above matter and every attempt to deal with you rationally with respect to this matter has failed, and has served only to inflame the situation.
However, in order to avoid the time and expenses associated with protracted litigation, my client’s primary objective at this time is to have these offensive and damaging postings removed. We hope that you will see that there are extenuating circumstances in this situation that justify the removal of this harmful information.
Notwithstanding the above, my client is prepared to proceed with a court action against you for damages and legal costs if you fail to comply with the following demands:
(i) Immediately remove each instance of the defamatory statements and postings on the internet with respect to my client, which originated from you, your related entities and your affiliates;
(ii) Undertake in writing not to publish defamatory statements and postings on the internet or any other medium with respect to my client (applicable to you, your related entities and your affiliates; and
(iii) Publish a statement of retraction, to be approved by my client, formally withdrawing, cancelling, and refuting all original statements that were defamatory in nature towards my client.
Comments: As mentioned above, under Canadian law, internet providers who facilitate the publication of defamatory material are also not protected from litigation. If this drastic step is necessary, it is likely that every person and entity who has played a role in the publication of the material will be sued for damages. I have also been instructed by my client to retain private investigators and forensic experts to monitor any unlawful activities by you, your related entities and affiliates in the intervening period.
I request that you provide written confirmation of your receipt of this letter and your acknowledgement of compliance with the foregoing demands within ten (10) days of receipt. Unless my office receives the requested confirmation letter from you or your counsel and I am advised of your cooperation, my client will take all necessary steps, including the commencement of actions against you and your affiliated entities in all relevant jurisdictions without further notice to you.
Please note that this letter is delivered to you on a “With Prejudice” basis, meaning that I will tender it as evidence at Trial as proof that you were given this early opportunity to rectify the harm you have caused, but refused to do so.
I hope that you will see that it is in the best interest of all parties involved that you comply with this demand."
The FPA's hosting company knows that the FPA is fully within the law having that thread on display, so passed the threat on to the FPA.