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You are here: GreaterThings.com > News > Free Energy > Directory > Organizations > American Group of Companies > Threatens Legal Action for Slander

Sterling Allan, Director of FreeEnergy.GreaterThings.com, Threatened with Legal Suit over Coverage of Questionable Practices of American Group of Companies

Preface

Buyer Beware

Customer says they paid $111 USD for a product, and AGC did not deliver

From: [AUTOCONVERSION [at] aol.com]
Sent: Sunday, May 23, 2004 7:14 PM
Subject: FreeEnergy.GreaterThings.com Contact


In January of 2004, company which placed an add [sic, not an ad, but information posted by greaterthings] on one of your pages (they call them self "ROY UNION") offered me to purchase their product (HYDROGEN BOOSTER CANDLE GENERATOR). I paid, to be exact $111 US-D, but no product was ever received.
And money was never returned. I was trying to locate those people, but was unsuccessful.

I am really frustrated. It happen to me first time. I don't know what to do.

May be I should just contact FBI.

AGC Denies Charge; Sterling Responds

Click here for AGC denial of the above charge, and threat of legal action over it (May 30, 2004).  Sterling's reply posted as well.

Customer Provides Receipt of Payment

See copy of receipt and follow-up request for delivery or refund posted June 3, 2004.  Receipt date: Jan. 27, 2004.  Email inquiry and request for refund: Feb. 17, 2004.

AGC Says Customer Had Malicious Intent

On June 5, 2004, AGC responded, stating further intent to bring legal action for this page, and said that they denied fulfillment of that order because "This guy was a a thief trying to steal our product to be manufactured in another country to be re-imported here as then his own." [slander?].  The customer lives in New York.  He does have a foreign name.  The book he ordered, according to AGC's website, has no "how-to" information to be stolen but is basically a sales brochure.

Sterling Replies

I preemptively appeal this to the jury of my peers on the Internet. (June 6, 2004)

Attorney General Notified

Considering AGC's belligerence in responding to this complaint of non-delivery and non-refund, Sterling has contacted the Attorney General's office in Delaware (complaint #CAS119969 ) to notify them of these fraudulent and wrongfully prejudiced business practices by AGC. Initial notification: June 9, 2004.  Follow-up June 14, 2004.

Customer Refunded

July 2004

Summary
AGC threatens legal action against Sterling D. Allan because he posted a customer's email informing non-delivery and non-refund by AGC when requested by customer.  When Allan produced evidence of such purchase, AGC further threatens legal action for "defamation," and says they did not deliver in order to protect themselves from technology theft.  AGC does not explain why they did not refund.  Allan points out that the book purchased (but not delivered) provides no technology to steal but is a sales brochure, according to AGC's own site. 

Allan is in process of reporting AGC to the Attorney General's office in Delaware.

   "When you threaten me with legal action, I take your threat to the courtroom of the Internet for the jury of my peers.  In my opinion, this is an inexpensive way to keep me from going to a court of law where justice rarely prevails but is subverted by bribes and powers-that-be biases and loyalties that have nothing to do with serving truth."

-- Sterling D. Allan, June 5, 2004

Page Contents

 

Exhibit A: AGC v Allan Correspondence

1. AGC Threatens Legal Action for Alleged Slander

Sent: Sunday, May 30, 2004 8:03 AM
Subject: NOTICE OF IMPENDING LEGAL ACTION - Remove slanderous page - American Group of Companies

Dear Mr. Sterling D. Allan

We came across a defamatory (slanderous and libellous [sic]) page authored by you at http://www.greaterthings.com/News/FreeEnergy/Directory/Hydrogen/AmericanGroupCompanies/

It is unauthorized, taken out of context and built specifically to defame our company.

As you are not our customer, you do not not know what you are talking about and the intent of your page is to maliciously defame.

We have seen this kind of tongue and cheek kind of Internet posting before, and you are on very dangerous and libellous [sic] legal ground in what is known as "tort-ville".

We will bring immedate [sic] legal action if the page is not removed, and without any further comment from you.

We also demand to know who the party is that you allowed to post an anynomous [sic] defamatory comment as follows:

""Buyer Beware

From: ***
Sent: Sunday, May 23, 2004 7:14 PM
Subject: FreeEnergy.GreaterThings.com Contact

In January of 2004, company which placed an add on one of your pages (they call them self "ROY UNION") offered me to purchase their product (HYDROGEN BOOSTER CANDLE GENERATOR). I paid, to be exact $111 US-D, but no product was ever received.
And money was never returned. I was trying to locate those people, but was unsuccessful.

I am really frustrated. It happen to me first time. I don't know what to do.

May be I should just contact FBI.""

First we never placed any such add [sic] on your pages

If this information as to who this person above is is not provided will bring legal action to discover it through the proces of legal Discovery in a lawsuit

We license our products and do not "sell" them; so if this party is "real" he has violated a license agreement and you are assisting in the breach of contract and interferring [sic] in the contract which is an actionable claim directly against you for damages.  We will then sue you both.

"Loose lips sink ships" is a good axiom here. We are not affiliated with World Genesis and just as they should not be related to us, nor should we be related to they.  Besides - you don't know what our product is.  You are not our customer.

We reserve our right to demand a retraction and correction and will formally be back in touch with you very soon to have it posted and or demand free advertising to correct this ongoing travesty you have posted causing harm to us since apparently according to you own web page July 25, 2003.

You will find the prevailing root cases on the subject Gertz v Welch  418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789  (06/25/74) and New York Times Co. v. Sullivan, 376 U.S. 254 (1964) will dictate you need to take this very serously [sic] and correct these things as we demand.  There are other specifically Internet defamation cases that will drive litigation to be filed against you which you will then find very painful to your pocket.

You have duty to ascertain if information is true as cast in the light you publish it before printing it and posting defamatory "questions" to the world with intent to maliciously defame.

Aside from your page having out of date information, it lists items and things on our webserver but not on our site for public viewing.  Becasue [sic] we have copies of them does not mean it is our product.  It is not. You have therefore built a site with intent to defame, and we will bring legal action immediately if it is not removed.

We will continue to scour the Internet for any and all links or ripple effect damages due to your posting.  Since this was indexed in Google, the damages go very deep already.

We have found that people who do not understand the defamation laws and duties in regard to publishing often fall very hard in a court of law.

This was not a wise thing to do, and when we find other indications of damages which eminate [sic] from this posting, you will find out how "for real" these "guys" are.  You will find out that this company is backed by and born of,  a law firm.

 

2. Sterling's Reply - Please Remedy Customer

May 30 & June 2, 2004

Roy,

 
Please tell me how you have resolved the customer's dispute in question, and I will gladly remove the notice from them of non-delivery of goods.
 
The customer gave me permission to post their email address, but I did not get around to it until now.  It is [AUTOCONVERSION [at] aol.com]
 
I have requested evidence of payment and non-delivery and will be posting such here.  If you have evidence of fulfillment, I will remove the notice, with apology, at once.
 
No maliciousness is intended by the page.  I have attempted to contact your company in the past to get your input as to the page and its your accuracy, but have never received any reply until now.  Please inform me as to specifically what information is incorrect.
 
As a public information site and forum, I have an obligation to my audience to warn them of alleged cases of fraud.  This customer said they made a purchase from you because of finding out about you because of my site.  It is my obligation to protect future potential individuals who might otherwise buy product because of my coverage of your company.
 
The email in question has only been there for a week.
 
I have added a clarifying statement in the email to make it clear that the page is not posted as an ad, but as an information service, as indicated at the top of the page.  I have also posted notice that you are in disagreement with the claim by the alleged customer.
 
I do not know how/where they remitted the $111.00.  They did not disclose that information.  I have requested documentation of the same. 
 
I am acting in good faith to the best of my knowledge.   I did not compose the page with any intent to defame or cut you down.  If anything, I was hoping you are legitimate.  I would be willing to guess that most people who visited the page prior to last week (when the notice of non-receipt of promised goods was posted) viewed the page as friendly toward your company.  I posted it like I have done so many other feature pages, with the intent to provide a synopsis report.  No permission is required to do that, especially when your pages are public on the internet.
 
I did not say you are associated with GWE, I commented that your claim appeared to be similar to theirs.

I hope these clarifications help resolve the issue.

As for free advertising, you have been getting it via my feature page nor nearly a year, created without obligation, with over 4,400 visits to the page.

I never had any intent to maliciously defame you nor any other person.  Such is not my nature and never has been.  I am a truth seeker.

I'm a bit puzzled by your statement that you do not sell your products, for right on your home page is a sales link to a shopping cart to purchase "Gas Station program Book Bundle" with "1 Candlestick" which sounds like the product that the customer in question said they bought but did not receive.

I am a reasonable person.  If you have a reasonable response, I will listen.  There are things, though, about your message, such as your claim that you are not selling anything, when clearly you are, that make me question how much I can trust you.
 
Thanks,
 
Sterling D. Allan
 
p.s. you might want to run a spell check when you send out messages.

3. Customer Receipt and Follow-up Request for Delivery or Refund

Sent: Thursday, June 03, 2004 2:19 PM
Subject: Re: NOTICE OF IMPENDING LEGAL ACTION - Remove slanderous page - American Group of Companies

See attached invoices.
 
Please let me know when you have resolved the customer's dispute in question.
 
Any corrections to the contents of my coverage of your company would be appreciated.  I try to be as accurate as possible.
 
Sterling

Attachments were as follows:

 

4. AGC Says Customer Had Malicious Intent

Sent: Saturday, June 05, 2004 12:01 PM
Subject: Re: NOTICE OF IMPENDING LEGAL ACTION - Remove slanderous

Our site clearly says no external linking.

You have posted images which are not our images and are inaccurate. You are interfering in a confidential contract you have no business involved in.

The resolution was reached with this person pursuant to a contract you have no business interfering in. This guy was a a thief trying to steal our product to be manufactured in another country to be re-imported here as then his own. You are not given permission to "report" or link to on confidential communications.

You have built a web page totally unauthorized and giving out information not intended legally to be displayed the way you are doing it Legal action will need to be filed. Obviously, you don't understand a clue about what you have done and you were warned as the law requires of us.

The pages as you have revised them have been preserved and evidence along with you forwarding of the email to several East Coast locations which appear to be Government offices.

You have no business in this, and legal action will ensue if the page is not immediately REMOVED - not modified - without further comment from you.

This is defamation and you should perhaps understand law and your legal liabilities before you spout off on a keyboard. Accuracy is not an issue when private communications are involved and you have no business nor right to "report upon" AT ALL.

"Sterling D. Allan" wrote:

  See attached invoices. Please let me know when you have resolved the
customer's dispute in
  question. Any corrections to the contents of my coverage of your
company would be appreciated. I try to
  be as accurate as possible. Sterling
 

They also send another email that said it would self-destruct, and when I clicked on the link the message was "expired."


screen shot; June 5 ~1:15 pm MDT


screen shot; June 5 ~1:25 pm MDT

 

5. Sterling's Reply -- Pre-empt with Appeal to Jury of Internet Public

Dear Roy,

First, from a human perspective, I perceive that you seem to be living in some kind of cloak-and-dagger existence.  Your paranoia is creating monsters where there are none.  I'm not one, and the customer who you declined sending one of your books and whom you declined a refund, is likewise probably not any threat to you.  It seems to me that your assessment of him could be considered slander where all you had to go by in making your determination was his Russian sounding name.  He lives in New York, as clearly stated on his invoice.

You accuse him as follows: "This guy was a a thief trying to steal our product to be manufactured in another country to be re-imported here as then his own."  Perhaps he should be charging you with slander and taking legal action against you.  What grounds do you have to make such a charge?

Even then, you should have given him a refund.  You have a right to refuse service, but not a right to refuse a refund.

That constitutes fraud on your part.

Instead of acknowledging your error and correcting the situation, you then make a ridiculous excuse for why you did not fulfill the order.  According to your own site, your book, which he ordered, contains no "how-to" information that any customer could use to "steel" your technology.

First you denied that any such situation existed as was claimed in his email posted on my site.  Then, when I produced evidence to support the email, you changed your story.  And your story gives further grounds to question your ethics of business practice, giving me due reason to provide a community service by pointing this out to other potential customers.

As a watchdog and reporting organization, we have a compelling reason to post your remarks so that people can see you for what you are.

I don't think the Attorney General's office in your state will be taking your side when I report these matters to them on Monday.

I wish it didn't have to come to that.  I was hoping you would make good, and I could remove the notice of non-refund.  Instead, you are only giving me more evidence to question your ethics.

The images I posted on the page came from your site, and are posted in thumbnail view, which is protected by law.  I don't think a case could be made that I can get in trouble for having the wrong image for the thing I am describing, especially when I am being careful in my reporting, and because in my best determination the associate was correct and according to your site.  You have not provided specific information as to which image is incorrect.

I know of no law that states that you cannot link to a site, even if the site requests no links to it.  Your site is a public website.  There are no passwords required for access to the pages I link to (at least there were not at the time of this writing, that I know of).

As for "confidential communications" you did not indicate in your first email that the correspondence was confidential.  I have a statement on my website contact page saying, "Please indicate if you wish your comment to be kept private."  Even then, there can be compelling reasons to publish the communication for the purpose of establishing evidence for public view.
http://greaterthings.com/contact.htm 

When you threaten me with legal action, I take your threat to the courtroom of the Internet for the jury of my peers.  In my opinion, this is an inexpensive way to keep me from going to a court of law where justice rarely prevails but is subverted by bribes and powers-that-be biases and loyalties that have nothing to do with serving truth.

As for my coverage of your company, I make no claims that it is an "authorized" page (no authorization is required), in fact from the beginning I had a notice at the top of the page that there is no relation to your company and that the page is being provided as an information service.

The location to which the email was forwarded in the East is outside legal counsel in D.C. serving in a pro bono capacity.

Defamation is when incorrect information is posted. 

Defamation
\Def`a*ma"tion\, n. [OE. diffamacioun, F. diffamation. See Defame.] Act of injuring another's reputation by any slanderous communication, written or oral; the wrong of maliciously injuring the good name of another; slander; detraction; calumny; aspersion.

I am only posting that which I sincerely believe to be factual.

Sincerely,

Sterling D. Allan
June 5, 2004 2:45 pm MDT

 

Exhibit B: The Web Page In Question

In Reference to this page:
American Group of Companies' Hydrogen Power Technologies -
http://www.greaterthings.com/News/FreeEnergy/Directory/Hydrogen/AmericanGroupCompanies/
Advertises that they have hydrogen-power technologies presently for sale for automobiles carburetor enhancement, and for home and small business generators ranging from 5, 10, 20, 50 Kw.  Includes a "buyer beware" notice of a customer who did not receive purchased item, nor refund when requested.


screen shot June 5, 2004 ~3:40 pm MDT

 

Exhibit C: What the customer purchased

The following information was collected on June 5, 2004 from AGC website, five months after the customer's purchase.

1) go to http://www.amer-grp.com/


screen shot June 5, 2004 ~3:00 pm MDT

2) purchase solicitation
In bottom, right-hand frame, near the bottom is a purchase button that says, "Click to sign up for the Gas Statsion [sic] program and mileag [sic] GUARANTEE YOUR BEST VALUE"  Name of the book is published as "130 Octane, Zero Emissions - ISBN 1891950053" (compare to customer receipt below)


screen shot June 5, 2004 ~3:00 pm MDT

3) merchant account carried at 2checkout.com for purchase
Takes you to https://www.2checkout.com/cgi-bin/crbuyers/recpurchase.2c
Product description "Gas Station program Book Bundle, 1 Candlestick"


screen shot June 5, 2004 ~3:00 pm MDT

 

Exhibit D: Customer's Receipt

Note, prices (above/June 5, 2004) have apparently gone up since January when customer made purchase.


Transcription of Receipt:

[Date stamp: Jan 31, 2004]
2CheckOut.com

Dear Iiya Usherenko,

This receipt is being forwarded by 2Checkout.com per your request.

Reselling Company: 2Checkout.com Inc.
2CheckOut.com
1-877-294.0273
Product Provided Thru: American Group of Companies
http://www.amer-grp.com
amergrp@pacbell.net
Order Date 2004-01-27 14:44:58
Order Number 105998-12754966
Total Order: $111.12
Product Description: 130 Octane book and Candlestick unit or $99.00 credit - first time buyers only
Card Holder Iiya Usherenko
Address ***
Phone ***
Email A u t o c o n v e r s i o n @ a o l . c o m
CVV Card Security Match Verified With Bank (CVV Return Code M)

If you have any additional questions or concerns with this order, please contact 2Checkout.com Inc. via phone at 1-877-294-0273 (+1 1-614-921-2450 outside the US).

 

Exhibit E: Customer's Request for Delivery or Refund

 

Feedback

  • Petition, pending -- for viewers to lodge their comments regarding AGC's actions on this matter.

 

See also

  • Index > American Group of Companies' Hydrogen Power Technologies - "Make hydrogen gas from water on the fly."
    Advertises that they have hydrogen-power technologies presently for sale for automobiles carburetor enhancement, and for home and small business generators ranging from 5, 10, 20, 50 Kw.

 

Page posted by Sterling D. Allan May 30, 2003
Last updated November 17, 2006

 

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