Chris Principe denied injunction in OneCoin defamation case
Last October Chris Principe filed a motion requesting a harassment order against defendant Timothy Curry.
Principe argued that Curry was harassing him and requested the court prohibit him from doing so.
Specifically, Principe wanted to
enjoin Curry from “[c]ontacting [Principe], either directly or indirectly, by any means, including but not limited to, by telephone, mail, email, social media, or other electronic means”; from “[p]ublishing [Principe’s] name in any media whatsoever”; and from “[c]ontacting any of [Principe’s] known business associates concerning [Principe] in any manner or with respect to any topic concerning [Principe].”
The length of the injunction sought was five years.
Upon consideration of Principe’s motion, Curry’s opposition, Principe’s response and oral arguments from both parties, on January 3rd Principe’s motion was denied.
According to order, Principe’s motion relied
on California Code of Civil Procedure section 527.6, which allows for a “person who has suffered harassment . . . [to] seek a temporary restraining order and an order after hearing prohibiting harassment.”
The problem however is that Section 527.6 is used as a remedy when a cause of action is presented, not as a cause of action itself.
As observed by the court, ‘Principe has not brought a cause of action pursuant to this statute.‘
Generally speaking, this would make such a Motion in federal court improper.
Furthermore the court deemed it unlikely, even if proper, that Principe would succeed on the merits of the motion.
Curry has presented compelling evidence that his Twitter posts do not constitute harassment, as they serve “a legitimate purpose.”
Curry uses his opposition to argue the merits of Principe’s defamation claim.
He argues that Principe “has published magazines promoting OneCoin” and “has allowed himself to be used in promotional videos used by OneCoin to lure people in to [sic] investing.”
Curry is concerned that “OneCoin has defrauded and harmed people worldwide out of their money” and alleges that it is the “subject of worldwide police investigations.”
He describes his Tweets and messages as part of his “civic duty to continue reporting on OneCoin newsrelated
Without deciding the truth of the underlying content of Curry’s Tweets, the Court is persuaded that his intentions to inform the public about OneCoin and to encourage investigation into its practices likely constitutes a legitimate purpose.
The Court therefore cannot conclude that Principe is likely to succeed on the merits to show that the Curry’s conduct has no legitimate purpose.
To be clear, the court isn’t making a decision on whether OneCoin is or isn’t a Ponzi scheme, only that Curry’s “intention to inform the public … and encourage (an) investigation” is a legitimate purpose.
This is important because Section 527.6
defines harassment as “unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.”
Other arguments raised by Principe included that
- assertions of suspected criminal activity pertaining to his involvement in/with OneCoin were not an issue of public interest because Curry “did not report his suspicions to law enforcement” and
- he had not injected himself into the public debate around OneCoin as a cryptocurrency
Both arguments were rejected based on the fact that
- Principe featured OneCoin in his magazine and speaks at their events and
- Curry’s alleged co-operation with law enforcement agencies who are investigating OneCoin.
In an attempt to justify the injunction, Principe claimed, if granted, it would “not prevent Curry from tweeting about OneCoin, just him”.
The court dismissed this notion because
Curry has a potentially meritorious argument that his purpose in tweeting about Principe as Principe relates to OneCoin is legitimate.
In fact, the court even went so far as to establish that curtailing Curry’s criticism of Principe and OneCoin would violate Curry’s First Amendment rights.
Principe has not established a likelihood of success in establishing that Curry’s behavior is, indeed, harassment.
It is not appropriate—and indeed would violate the First Amendment—for the Court to engage in tone-policing in this manner.
In short, if Curry’s speech is not harassment, then it is protected by the Constitution and the injunction would be an impermissible prior restraint.
Clearing Curry of any misconduct, the court ruled his behavior as non-threatening and devoid of any threats of violence or physical confrontations.
The Court has not found any authority to suggest that social media contact of this nature, alone, would cause a reasonable person to experience “substantial” emotional distress.
Looking to the totality of the circumstances, Principe would not be likely to establish this necessary element of his section 527.6 claim.
Accordingly, the Court concludes that Principe has not shown a likelihood of success on the merits.
Principe has failed to make a showing on any of the four prongs of the preliminary injunction standard, and the Court will not issue an injunction.
The decision marks Principe’s second defeat in the case, following the denial for an Entry of Default last August.
Whether Principe elects to continue with the case remains to be seen.
It is widely believed that OneCoin is in part or wholly funding Principe’s lawsuit.
With OneCoin management AWOL for months, affiliate recruitment numbers tanking and most of the company’s top investors abandoning ship, whether OneCoin can afford to continue supporting Principe is unclear.
In the alternative, the denial of an injunction will likely dash any hope Principe had of a quick and convenient victory.
Given the merits of Principe’s lawsuit are utterly absurd to begin with, surely only someone absolutely bereft of intelligence of would continue on at this point.
Your move, Chris.
Update 12th April 2018 – As per a March 30th agreement, a settlement between Chris Principe and Tim Curry has been reached.
My congratulations too Tim – you deserve to win against this lot and any associated parties.
Well done Tim and i hope that you are now filing costs against Principe for this element of the case-and hopefully you can secure a declaration that the costs are being paid from his own purse -and then refer the matter to the Revenue.
I assume you will either win the rest of the case or alternatively Principe will not proceed in which case file for damages as well.
OneCoin is collapsing by the day and there will be no one left to pay Principe’s bills so seek confirmation that he has the funds and that his claim is vexatious.
Another nail in the coffin.
this is like:
tim curry: 10
chris principe: 0
i think principe will disappear now. his chances of winning this case is 0 out of 10.
is that cement mixer truck which helped pablo munoz disappear quietly still around?
paging cement mixer truck! mr principe requests an urgent bump on his ass!!
congrats tim curry. well done!!
This case is very much also Onecoin against Tim, as they are supporting Principe’s case financially, trying to get any kind of “win” what so ever against the critics which they could then hype.
Great, Tim! Congratulations! ❤
The good guys ALWAYS win!
Congratulations, Tim! I’m very pleased and opened a bottle of champagne. It looks like a terrific victory over the spook called “FINTECH MAFIA”: 🙂
Tim, huge congratulations my friend. This is so deserving. I’m overjoyed for you.
Keeping hope very much alive also for the onecoin victims. I thank you so very much for all the endless time and work you have gave over the last 3-4 years, utterly commendable.
As for Principe when he ends up in jail he best not bend down to pick up that soap!!! I hope they throw away the key for him and the rest of them when they eventually find them! Karma over due!
Congrats and keep it up against these thugs!
Fantastic news Tim!!
This is just aces!!!!!
Onecoin is a load of crap. Anyone seen their “coin” yet after 4 years?
Thanks everyone! Just woke up to this review and am overjoyed!
Now, per their request, on to gathering and printing out the 1,000’s of documents collected over the past 3 years to furnish to the Plaintiff’s Attorneys for them to mull over, over the next 10 months. That’s gonna bee an expensive read!!
Congrats Tim. Keep going and keep up the good work. Wonder how the Canadian lunatic KL would see this victory.
BullshitForHomies just released their “100 Most Solid Companies for 2018.” Where did Onecoin place on this list you may ask? It didn’t!”
More credible rumours of a MASSIVE Onecoin defection to be announced in days!!
How? There’s nobody left except Igor and his downline of nobodies…
Igor promoting dagcoin with Kari all over Holland now.
Well that’s the end of that then.
OneCoin is now literally nothing more than Konstantin Ignatov holding a mic.
Confirmed. In this Facebook picture, apparently made in Tallinn Estonia, we see from left to right:
– Kari Wahlroos
– Iulian Cimbala
– Dutch clown Igor Alberts (on stage)
just had the chance to read Judge Staton’s judgment in favour of Timothy Curry and against Principe.
Not only does she negate all of Principe’s arguments regarding an injuction but seems to go further confirming the public interest, Acknowledging Tim’s engagement with the law authorities regarding OneCoin and Principe and the unconstitutional nature of Principes’ case against Tim ..
By the time the case is heard fully OneCoin will have collapsed very publically and the issue will be getting the money out of Principe as no court (or Tim).
Frank Ricketts -their wind down consultant -wont be able to authorise any OneCheques. Not the future of money but the reality of pyramid schemes!!!!!
If I were Tim I would put the claim for vexatious litigation in now and ask for Principe to lodge half a million in court.
Allegedly a new Onecoin (Top Leader) “exit video” is coming, which does not conform with traditional industry standards.
Many of us are awaiting what we HOPE brings brutal revelations from a true “insider,” and which will have enough impact to cause CULT members to be shaken to the core.
Please post that video if and when it comes out. Glad to finally see this scam collapsing. Tim, thank you for standing up to these bullies and liars. You’re the peoples’ champ. Congrats on the recent decision.
Oz, thanks for all your work on exposing so many scams. I don’t know of another site that is comprehensively and consistently reporting on established and emerging scams.
You probably realize this, but the way your reports equips readers to be able to sniff out bs schemes when approached with one. Keep it up!
Thanks for the support Apollo!
Ken Labine also jumped to Dagcoin?
The next OneLife-scam-event with Chris Principe as a featured speaker in Brisbane/Australia this month:
some guys never learn. I am sure that the Australians will want to know that Principe lost part 1 of his claim against Tim and will end up losing all the rest.
Let the Affiliates know and suggest they are ask questions.
Igor e Albert’s top Onelife leader LEFT ONELIFE FOR DAG COIN !!!
The stage clowns Igor Alberts and Kari Wahlroos together in Tallinn/Estonia last weekend:
The OneLife-OneCoin-scammer Igor E. Alberts applies the next scrapcoin:
Business For Home – OneCoin Out Of Control – Ruja Ignatova Disappeared
All the top earners disappeared from Business for home list also. LOL. Seems like Igor Krnic was right for once when he said Igor Alberts is a part owner of BFH.
Only Igor (the brainwashed) Krnic knows the truth, the absolute truth:
The war has started… 🙂
Stupid looking suits for sale on Dealshaker soon–Kari and Igor specials with Sebastian@s waistcoats!!!
On a more serious note I do hope the authorities go for Dagcoin and /or arrest Kari when he turns up in old OneCoin territories on his forthcoming launches.
@Tim -Post 25
No video yet that I’m aware of.
Tell them to leave one coin alone. Since the fight of one coin Bitcoin has been going down.
If one coin is affected note that all other Coins will go because one coin has the Best Crypto currency structure. Allow It to fail by itself. Why fight it?
OneCoin is a closed-loop Ponzi scheme that is completely isolated from public cryptocurrency.
The worst thing one can do is sit silently while scammers feed off their prey. Shining a light on dodgy scumbags is kind of our thing here.