First Amended Complaint (FINAL) - 12!02!14

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JOHN C. MONARCH, an individual; DIRECT

OUTBOUND SERVICES LLC, a South
Carolina limited liability company,
Case No. 2:14-cv-05980-TON
Plaintiffs,
v.
RICHARD A. GORMAN; GORMAN
ECONOMICS, LLC, a Delaware limited
liability company, dba AT COST
FULFILLMENT, LLC; VANGUARD
ECONOMICS, LLC, a Georgia limited liability
company, dba AT COST FULFILLMENT,
LLC, dba FULFILLMENT.COM; AT COST
NUTRACEUTICALS, LLC, a Georgia limited
liability company; BRAND.COM, INC., a
Pennsylvania Corporation; JOHN DOE 1;
JOHN DOE 2; and
JOHN DOE 3,
Defendants.
VERIFIED FIRST AMENDED COMPLAINT

FOR DAMAGES AND INJUNCTIVE RELIEF
For their claims for relief against Defendants, Plaintiffs JOHN C. MONARCH
(Monarch) and DIRECT OUTBOUND SERVICES LLC (DOS) (collectively
Plaintiffs), allege as follows:
PARTIES, JURISDICTION AND VENUE

1.
Monarch maintains a primary residence in Greenville County, South Carolina
and is a citizen of the State of South Carolina within the meaning and intent of 28 U.S.C.
1332.
2.
DOS is a limited liability company duly created, existing and operating under
the laws and ordinances of the State of South Carolina with its principal place of business
in Greenville County, South Carolina. Monarch is one of three owner of DOS, and each
owner maintains a primary residence in South Carolina and is a citizen of the State of
South Carolina. Accordingly, DOS is a citizen of the State of South Carolina within the
meaning and intent of 28 U.S.C. 1332.
3.
Defendant Richard A. Gorman (GORMAN) maintains a primary
residence located in Philadelphia, Pennsylvania, and is a citizen of Pennsylvania within

the meaning and intent of 28 U.S.C. 1332.
4.
Defendant Gorman Economics, LLC (GEC) is a limited liability
company duly organized and created under the laws and ordinances of the State of
Delaware and maintains a principal place of business in West Chester, Pennsylvania.
GORMAN is the sole owner of GEC. Accordingly, GEC is a citizen of Pennsylvania
within the meaning and intent of 28 U.S.C. 1332.
5.
Defendant Vanguard Economics, LLC, doing business as At Cost Fulfillment,
LLC and/or Fulfillment.com is currently a Georgia limited liability company with its
principal place of business in West Chester, Pennsylvania.
6.
At Cost Fulfillment is also a registered trade name of GEC, which also does
business as At Cost Fulfillment, LLC. Vanguard Economics LLC, Fulfillment.com, At

Cost Fulfillment LLC, and At Cost Fulfillment will hereinafter be collectively referred to
as ACF.
7. GEC is one of the co-owners of ACF. The other co-owner is Creative Estates
LLC, a Georgia limited liability company, with its principal place of business in Georgia,
which is solely owned by Justin Holland Singletary (Singletary), who maintains a
primary residence located in the State of Georgia, and is a citizen of Georgia.
Accordingly, ACF is a citizen of Georgia and Pennsylvania within the meaning and intent
of 28 U.S.C. 1332.
8.
Defendant At Cost Nutraceuticals, LLC (ACN) is a Georgia limited liability
company with its principal place of business in Georgia. Singletary, who maintains a
primary residence located in the State of Georgia, and is a citizen of Georgia, is the sole
owner of ACN. Accordingly, ACF is a citizen of Georgia within the meaning and intent
of 28 U.S.C. 1332.
9.
Defendant Brand.com, Inc. (BRAND) is a business corporation duly
organized and created under the laws and ordinances of Pennsylvania.
BRAND
maintains its principal place of business in Philadelphia, Pennsylvania. Accordingly,

BRAND is a citizen of Pennsylvania within the meaning and intent of 28 U.S.C. 1332.
10.
The true names or capacities, whether individual, corporate, associate or
otherwise, of some defendants are unknown to Plaintiffs; therefore, Plaintiffs may ask for
leave of this Court to amend this Complaint to add any necessary parties, together with
appropriate charging allegations
11.
The Court has diversity jurisdiction over this action pursuant to 28 U.S.C.
1332 because Plaintiffs and Defendants are residents of different states and the amount in
controversy in this case exceeds the sum or value of $75,000.00, exclusive of interest and
costs.
12.
With the exception of ACN, all Defendants are residents of Pennsylvania for
purposes related to jurisdiction and are therefore subject to general personal jurisdiction
of the courts located in Pennsylvania. ACN is the alter ego of GORMAN, ACF, and/or
GEC and is thus subject to personal jurisdiction.
13.
Defendants actions, upon which the allegations in this Complaint are based,
were performed in this judicial district.

14.
Venue is proper in this judicial district under 28 U.S.C. 1391(a)(2) and
1391(b)(2) because a substantial part of the events giving rise to the claim occurred in
this judicial district.
15.
Therefore, Plaintiffs are informed and believe, and on that basis allege, that
jurisdiction and venue are proper in this Court.

FACTS
16.
Upon information and belief, at all times relevant to the allegations set forth
herein, Defendant GORMAN owned and/or had an ownership interest in GEC, ACF,
ACN, and BRAND (the Defendant Companies).
17.
herein, Defendant GORMAN had access to and used the resources of GEC, ACF, ACN,
and BRAND (company resources) to post false, damaging, misleading, and defamatory
statements about Plaintiffs.
18.
Upon information and belief, Defendant GORMAN hired and/or directed
BRAND, which is a reputation management company, to post false, damaging,

misleading, and defamatory statements about Plaintiffs.
19. The websites (Websites) that Defendants purchased -- by and through BRAND
and its company resources -- to defame Plaintiffs are http://www.johncmonarch.com,
http://ilyaputin.com/,
http://johnmonarchsucks.com,
and
johnmonarchdirectoutbound.com.
20. Plaintiffs retained counsel to discover the identity of the person(s) who created the
Websites and False Statement (hereinafter defined) (collectively the Content).
21. Defendants took elaborate measures in an attempt to conceal the source of the
Content, including using untraceable email accounts and IP addresses.
22. A Complaint was filed in Arizona, Maricopa County Superior Court, case number
CV2014-001469, in order to seek the true identity of the person(s) who created the
Content.
23. In response to a subpoena seeking the true identity of the person(s) who registered
the Websites, Namecheap.com (Namecheap) provided the username kinkarsaha, the
name Sumita Sarkhel, and an email address of kinkar.saha@gmail.com.
24. In addition to the Websites, the account also contained several other URLs that
were purchased by the account holder.
25. Several of the URLs are used to sell dietary supplements on behalf of a company
owned by Singletary.
26. Singletary is one of the owners of ACN and ACF, and GORMAN has represented
in a sworn stated that GORMAN is affiliated with ACF, GEC and BRAND.
27. GORMAN is the co-founder of BRAND and is the purported sole owner of GEC.
28. Notably, GEC is one of the co-owners of ACF, and other co-owner is Creative
Estates LLC, which is solely owned by Singletary.
29. GORMAN denies any ownership in ACN, which is purportedly owned by
Singletary; however, ACN was curiously created 7 days after the beginning of
Defendants smear campaign against Plaintiffs, but both ACN and ACF still share the
same business address and engage in the same line of business.
30. Similarly, in the past, GEC, ACN, ACF, and BRAND (fka Reputation Changer
LLC) all shared the same address.
31. In response to a subpoena seeking to discover the owner of the servers where the
offending Websites were being hosted, RamNode, LLC (Ramnode) provided the name
of Kinkar Saha, with an email address of kinkar.saha@gmail.com and IP address of
122.163.77.69.
32. A company called CloudFlare, Inc. (Cloudflare) was also used in conjunction
with Ramnode to optimize the traffic going to the Website, among other reasons.
33. In response to a subpoena seeking to discover the owner of the servers where the
offending Websites were being hosted, Cloudflare also provided the name of Kinkar
Saha, with an email address of kinkar.saha@gmail.com and IP address of
122.163.63.174.
34. In addition to the Websites, the account also contained several other URLs that
were
hosted
by
Cloudflare,
reputationchanger.com,
kinkarsaha.com,
including,
atcostfulfillment.com,
rich-gorman.net,
reputationchanger.net,
reputationchangersucks.com,
but
not
limited
fulfillment.com,
directresponse.net,
to,
brand.com,
atcostnutra.com,
directresponseagency.net,
reputationchanger.org,
richgormanonline.com,
reputation-changer.com,
richgormanbio.com,
richgormansite.com, no2explodeextreme.com, reputationmanagementagency.com, and

richgormansexoffender.com.
35. This single Cloudflare account comingles URLs for BRAND, ACN, ACF, GEC,
and GORMAN; a single fee is paid for all the URLs; and the URLs are maintained by
Kinkar Saha (Kinkar).
36. Notably, even though BRAND paid $500,000.00 for brand.com, BRAND has
still elected to comingle the URL with those owned by ACF, ACN, GEC, and
GORMAN.
37. While researching Kinkar, it was discovered that he listed himself as the Software
Development Manager for BRAND on his linkedin.com profile.
38. It was further discovered that Kinkar was listed as BRANDs Chief Technology
Officer on brand.com.
39. Furthermore, in his description for his employment with BRAND, Kinkar states
it takes years to build a solid reputation and seconds to destroy it. Nowadays after
someone meets you the first thing they do is Google your name or your companies
name. Notably, he specifically mentions becom[ing] the victim of . . . a RipOffReport.
40. In response to a subpoena seeking the true identity of the poster, ROR stated the
applicable post was made on January 15, 2014, by Mary H. Jones, who used
nicetry14@hmamail.com for the email address in connection with the ROR post, as well
as the IP address of 166.137.12.47.
41. In response to a subpoena seeking the true identity of the poster, Slideshare.com
(Slideshare)
stated
that
the
post
was
made
on
January
15,
2014,
by
JohnMonarchsColdMeal, with an email address of Nicetry14@hmamail.com, and an IP

address of 166.137.12.47.
42. Notably, the metadata of the content that was posted on Slideshare was examined,
which revealed that the document was created by GORMAN of GEC.
43. Significantly, the same email address and IP address were used in connection with
both the ROR post and the Slideshare post.
44. Accordingly, the same person(s) made the posts on ROR and Slideshare.
45. Upon researching the Websites further, it was discovered that johncmonarch.com
contained a post that was made on January 15, 2014 -- which is the same day the posts
were made on Slideshare and ROR.
46. Curiously, however, the posting on johncmonarch.com already referenced the
newly created posting on Slideshare.
47. Additionally, the posting on johncmonarch.com states that BRAND has an

audiotape of Monarchs friend prank calling BRAND; however, the poster would not
have had such information unless the poster was associated with BRAND.
48. The ROR posting and the posing on http://johnmonarchsucks.com/ are very
similar; both postings provide the same detailed list of steps Monarch allegedly takes to
scam customers; however, one could easily discern that the language was purposefully
changed so that it would not be exactly the same.
49. It is evident that the owner of the Websites, specifically johncmonarch.com, is the
same person who posted on Slideshare and ROR, or was responsible for or was working
with the person(s) who posted on Slideshare and ROR.
50. Given that the majority of the Content was posted on the same day, as well as the
nature and similarity of the Content, it is clear that the poster(s) intended this to be one
big smear campaign against Plaintiffs.
51. GORMAN, ACF, ACN, and GEC hired and/or used BRAND as its agent to
complete the smear campaign against Plaintiffs.
52. There have been other cases where people have alleged that BRAND defames its
clients competition as part of the reputation management services provided.
53. Furthermore, given that GORMAN is the co-founder of BRAND, and was able to
comingle various URLs and accounts associated with all Defendants, it is likely that he
was able to control and use BRAND as his agent to complete the smear campaign against
Plaintiffs.
54. In addition to his personal motives for retaliation against Monarch, GORMAN,
along with ACF, ACN, and GEC had financial motives to destroy Plaintiffs as direct
competitors.
55. At Cost Fulfillment is a registered trade name of GEC, which also does business
as At Cost Fulfillment, LLC.
56. BRAND, through Kinkar (its officer), registered the Websites, hosted the
Websites, and made the postings, including the postings on ROR and Slideshare.
57. Notably, in a sworn statement, GORMAN, under the penalty of perjury, stated that
he did not post any information on the website known as www.ripoffreport.com . . . .
58.
The False Statements posted on www.ripoffreport.com (ROR) were posted
by an agent of GORMAN, GEC, ACF, ACN, and BRAND.

59.
The same individual who posted the False Statements on ROR, as part of
Defendants smear campaign, also posted the False Statements on the various other
websites mentioned below.
60.
DOS provides fulfillment services and call center solutions to businesses
throughout the United States.

61.
ACN, ACF, and GEC offer services similar to that of DOS and are competitors
of DOS.
62.
Defendants have intimate knowledge of search engine optimization (SEO)
techniques that would increase the visibility of websites on the Internet.

63.
herein, in or around January of 2014, Defendants, using company resources and by and
10
through their agent, posted false, damaging, misleading and defamatory statements about
Plaintiffs on the Internet, at http://www.ripoffreport.com/r/john-monarch/greenvillesouth-carolina-29601/john-monarch-direct-outbound-john-monarch-is-operating-anationwide-scam-he-stole-my-mo-1115657, stating that John Monarch Direct Outbound
John Monarch Is Operating A Nationwide Scam; stating that John uses the Classic old
bait and switch, and that he hides the terms and considtions of the sale; and making a
variety of other untrue and damaging statements and implications aimed at Plaintiffs
(collectively the False Statements). The False Statements have been attached to
Exhibit A hereto.
64.
DOS does not make outbound sales calls to consumers and does not scam
consumers.
65.
Additionally, to the extent Monarch is affiliated with other companies that
make sales to consumers, the consumers cannot order any products unless they
affirmatively check a box on the webpage to opt-in affirming that they have read and
agreed to all terms and conditions relating to the offer. The companies do not steal
money.
66.
Upon information and belief, in or around January of 2014, Defendants posted
false, damaging, misleading and defamatory statements about Plaintiffs on the Internet, at
http://johncmonarch.com/lawsuits-filed/, stating that John Monarch is the ring leader
behind Perform Outsider, a website used to blackmail, harass, and intimidate people in
the IM industry; and making a variety of other untrue and damaging statements and
11
implications aimed at Plaintiffs (collectively the False Statements). The False

Statements have been attached to Exhibit B hereto.
67.
http://johncmonarch.com/fitsnews/, stating that John Monarch is the ring leader behind
Perform Outsider, a website used to blackmail, harass, and intimidate people in the IM
industry; and making a variety of other untrue and damaging statements and
Statements have been attached to Exhibit C hereto.
68. Upon information and belief, in or around January of 2014, Defendants posted
http://johncmonarch.com/ecig-scams/, stating that John Monarch is the ring leader
Statements have been attached to Exhibit D hereto.
69.
http://johncmonarch.com/fraud-john-monarch-covering-assets/, stating that Monarch
engages in Fraud John Monarch Covering His Ass(ets); alleging that Last week
John Monarchs BerryThin free trial scam was exposed across the internet; stating that
John Monarch is the ring leader behind Perform Outsider, a website used to blackmail,
12
harass, and intimidate people in the IM industry; and making a variety of other untrue
and damaging statements and implications aimed at Plaintiffs (collectively the False
Statements). The False Statements have been attached to Exhibit E hereto.
70.
http://johncmonarch.com/making-rain-tips-tips-tips/, stating that After lifting the iron
curtain we found that the ringleader of this extortion, John Monarch, and his crony Karl
Steinborn, have blackmailed, harassed, tormented, and committed internet crimes against
a number of people in the industry; stating that John Monarch is the ring leader behind
Perform Outsider, a website used to blackmail, harass, and intimidate people in the IM
industry; and making a variety of other untrue and damaging statements and
implications aimed at Plaintiffs (collectively the False Statements).
The False
Statements have been attached to Exhibit F hereto.

71.
http://johncmonarch.com/beelzen00b/, stating that John Monarch is the ring leader
Statements have been attached to Exhibit G hereto.
72.
13
http://johncmonarch.com/karl-steinborn/, stating that Recently John Monarch has

received quite a bit of negative press online, after all he was exposed as the ring leader
behind PerformOutsider.com / Ilya Putin / Ilya Blt[;] [w]e helped to spread the word
online; stating that John Monarch is the ring leader behind Perform Outsider, a website
used to blackmail, harass, and intimidate people in the IM industry; and making a
variety of other untrue and damaging statements and implications aimed at Plaintiffs
(collectively the False Statements). The False Statements have been attached to
Exhibit H hereto.
73.
http://johncmonarch.com/im-listen/, stating that Monarch has lots of stress spending the
money he stole from hundreds of thousands of US consumers; stating that John
Monarch is the ring leader behind Perform Outsider, a website used to blackmail, harass,
and intimidate people in the IM industry; and making a variety of other untrue and
damaging statements and implications aimed at Plaintiffs (collectively the False
Statements). The False Statements have been attached to Exhibit I hereto.
74.
http://johncmonarch.com/karl-steinborn-suspended/, stating that John Monarch is the
ring leader behind Perform Outsider, a website used to blackmail, harass, and intimidate
people in the IM industry; and making a variety of other untrue and damaging
14
statements and implications aimed at Plaintiffs (collectively the False Statements). The
False Statements have been attached to Exhibit J hereto.
75.
http://johncmonarch.com/sleeping-us/, stating that John Monarch is the ring leader
Statements have been attached to Exhibit K hereto.
76.
http://johncmonarch.com/f-rating-bbb/, stating that John Monarch is the ring leader
Statements have been attached to Exhibit L hereto.
77.
http://johncmonarch.com/victim-brandon-rosen/, stating that Brandon Rosen is another
blackmail victim of John Monarch[;] [i]n this case Mr. Rosen paid the blackmail fee in
bitcoin to have his name taken off of the PerformOutsider.com website and to stop the
harassment; and making a variety of other untrue and damaging statements and
15

Statements have been attached to Exhibit M hereto.
78.
http://johncmonarch.com/victim-brian-mclevis/, stating that Brian McLevis is the
President of ScrubKit and Envyus Media[;] [l]ooking to steal affiliates from his network,
John Monarch set out on a mission to destroy him via his criminal tactics that he launches
against people via Perform Outsider and the pseudonym Ilya; and making a variety of
other untrue and damaging statements and implications aimed at Plaintiffs (collectively
the False Statements). The False Statements have been attached to Exhibit N hereto.
79.
http://johncmonarch.com/victim-jennifer-selleck/, stating that Jennifer Selleck is another
blackmail victim of John Monarch; and making a variety of other untrue and damaging
statements and implications aimed at Plaintiffs (collectively the False Statements). The
False Statements have been attached to Exhibit O hereto.
80.
http://johncmonarch.com/victim-name-withheld/, implying that Monarch blackmailed
another victim who claims to have received half a dozen death threats from Monarch;
and making a variety of other untrue and damaging statements and implications aimed at
16
Plaintiffs (collectively the False Statements). The False Statements have been attached
to Exhibit P hereto.
81.
http://www.johncmonarch.com (the JM Site), stating that Monarch is a scammer,
blackmailer, and extortionist; stating that DOS is a business facade; accusing
Monarch of blackmail, hacking, extortion, and other internet crimes; stating that John
Monarch cannot compete on a national level with other companies in the performance
marketing industry, therefore he resorts to blackmail and intimidation tactics to scare
people into not working with his competitors; stating that John Monarch uses
PerformOutsider.com to target competitors of companies that he owns; stating that [h]e
competes against his clients at Direct Outbound with his free trial scams; alleging that
Monarch gets others to commit crimes for him; and making a variety of other untrue
and damaging statements and implications aimed at Plaintiffs (collectively the False
Statements). The False Statements have been attached to Exhibit Q hereto.
82.
http://www.scambook.com/report/view/300028/John-Monarch-Complaint-300028-for$359.88, stating that Monarch of stole a significant amount of money from me; and
making a variety of other untrue and damaging statements and implications aimed at
to Exhibit R hereto.
17
83.
http://www.pissedconsumer.com/reviews-by-company/direct-outbound/john-monarch-isoperating-a-blackmail-and-extortion-ring-via-the-psuedonym-ilya-putin20140116471272.html, stating that Direct Outbound - John Monarch is operating a
blackmail and extortion ring via the psuedonym Ilya Putin; stating that the only way
John Monarch can attempt to compete in the performance marketing space is by
blackmailing and extorting people that do business with his competitors; stating that
John Monarch is the ringleader behind PerformOutsider.com / Ilya Putin[;] [h]e created
these anonymous profiles to harass and blackmail people in the internet marketing
industry that compete against him OR don't like him; and making a variety of other
untrue and damaging statements and implications aimed at Plaintiffs (collectively the
False Statements). The False Statements have been attached to Exhibit S hereto.
84.
http://ilyaputin.com/, stating that John Monarch is not a reputable businessman, but
rather a scam artist and an extortionist; stating that the business he claims to run is
called Direct-Outbound.com, which is also closely tied with Connexus Inc.[;] [b]oth of
these companies may come across as legitimate, but the reality is that theyre fronts for
his scam business[;] [t]he same business is called PerformOutsider.com, and Monarch
runs it under an assumed identity, Ilya Putin, or in some cases Ilya BLT; stating that
[s]ay that you happen to be one of his competitors in the field of health and beauty
18
marketing. Sooner or later, hes going to come after youand when he does, its going to
go down like this: Monarch is going to post a great deal of pure bullshit about you online,
including all kinds of awful, defamatory content and vicious lies. And he wont stop with
you: Hell come after your spouse, possibly even your children. Thats how low, how
impotent, and how cowardly he really is. Then, hes going to tell you that his plan is to
destroy your lifeunless you pay up. Then hell quote you some outrageous fee, which,
if paid, he claims will rescue you from his wrath; stating that John Monarch is a liar
and a con manbut for as cowardly and craven as he is, he is also a real threat to others;
to Exhibit T hereto.
85.
http://ilyaputin.com/john-monarch-fact-sheet/, stating that [h]e fronts like he is a
legitimate businessman, but in reality, he is a con man, a scam artist, an extortionist, and
a terrible coward who will even go after family membershusbands, wives, childrento
get his way; stating that Monarch is the ringleader of PerformOutsider.com, which
everybody knows to be a scam ring. The business faade is Direct-Outbound.com, and
also Connexus Inc.; both purport to be legitimate, but of course they are not. The business
is run out of South Carolina, and Monarchs second-in-command/henchman/crony is
called Karl Steinborn; and making a variety of other untrue and damaging statements
19
and implications aimed at Plaintiffs (collectively the False Statements). The False
Statements have been attached to Exhibit U hereto.
86.
http://ilyaputin.com/john-monarch-short-profane-disreputable/, stating that [t]he truth is
that hes something a lot sleazier than he lets on. The real problem with Monarch is that
he does not have a sound business modelat all. He couldnt make money through
legitimate means to save his life; stating that [b]ecause he cant play with the big
boysnot by playing fair, anywayMonarch has taken to using illegal and immoral
methods to try to shake people down. Thats right: This guy is a scammer, a blackmailer,
and an extortionist, plain and simple; stating that [h]e tries to wreck people by posting
shameful and fallacious things about them onlineand not just his competitors, but also
his competitors spouses and their kids. This dirtbag holds people hostage and demands
high fees in order to leave them and their families alone. Some folks pay these fees, and
others dont; and making a variety of other untrue and damaging statements and
implications aimed at Plaintiffs (collectively the False Statements).
The False
Statements have been attached to Exhibit V hereto.

http://ilyaputin.com/victims/, stating that John Monarch has ruined countless lives
through blackmail and extortion; stating that Monarch will even post defamatory
comments about his competitors wives and children. This man is truly vile, and his
20
immoral tactics have taken their toll on a good many people; and making a variety of
other untrue and damaging statements and implications aimed at Plaintiffs (collectively
the False Statements). The False Statements have been attached to Exhibit W hereto.
http://www.slideshare.net/JohnMonarchsColdMeal/john-monarch-directoutbound?from_search=1 (SlideShare), stating that John Monarch of Direct Outbound
is scamming thousands of US consumers every month; stating that [h]e is scamming
people left and right online. He takes the stolen money and throws lavish parties; and
making a variety of other untrue and damaging statements and implications aimed at
to Exhibit X hereto.
http://pastebin.com/v4vLYHKr, repeating many of the foregoing defamatory statements
to Exhibit Y hereto.
90. Defendants posted the False Statements with the intent to injure Plaintiffs and/or
with conscious disregard of the rights of Plaintiffs.
91. Defendant GORMAN was convicted of a sex crime and was required to register
as a sex offender.
21
92. Information regarding GORMANs status as a sex offender was published on the
Internet,
at
http://www.performoutsider.com/2013/07/29/richard-gorman-aka-
directresponse-net-criminal-past/ (the Sex Offender Content).

93. Defendant GORMAN incorrectly believed that Monarch posted the Sex
Offender Content and/or that Monarch was involved with the publication of the Sex
Offender Content.
94. Upon information and belief, in retaliation for the publication of the Sex
Offender Content and to unfairly compete with Plaintiffs, GORMAN and the other
Defendants started a malicious smear campaign against Plaintiffs to destroy Plaintiffs
reputation.
95. Upon information and belief, GORMAN and the other Defendants threatened to
post false and defamatory statements about Monarch if Monarch did not take down the
website www.performoutsider.com, as well as the Sex Offender Content. See Exhibit Z
hereto.
96. Upon information and belief, GORMAN and the other Defendants have made,
and continue to make, numerous false and defamatory postings on the Internet
wrongfully
accusing
Monarch
of
being
the
ringleader
of
the
website
performoutsider.com and using the website to blackmail, harass, and intimidate people.
97. Upon information and belief, GORMAN and the other Defendants have also
pretended to be disgruntled customers of Plaintiffs and have posted false and defamatory
statements concerning Plaintiffs goods, services, and/or business methods.
22
98. The defamatory postings made by GORMAN and the other Defendants clearly
demonstrate the Defendants malicious purpose and intent to destroy Plaintiffs
reputation given the type, amount, nature, and scope of the postings. The postings clearly
were not made to further any lawful purpose.
99. On January 24th, 2014, Defendant GORMAN filed a lawsuit in Pennsylvania,
case number 2:14-cv-00890 (the PA Lawsuit), alleging that Monarch owned the
website PerformOutsider.com.
100. On June 2nd, 2014, after having conducted extensive discovery by Order of the
Court, and failing to discover any evidence, GORMAN voluntarily dismissed Monarch
from the PA Lawsuit.
101. The False Statements were posted at or around the same time GORMAN falsely
accused Monarch of being the owner of PerformOutsider.com in the PA Lawsuit.
102. Upon information and belief, at all times relevant to the allegations set forth
herein, over the course of several months Defendants, with substantial assistance from
each other, including, but not limited to the use of BRANDs company resources, made
the False Statements and disseminated them to current and prospective clients of DOS.
103. Upon information and belief, at all times relevant to the allegations set forth
herein, the company resources utilized included shared hosting accounts, shared domain
registrar accounts, shared employees, and office addresses.
104. The comingling of the company resources has created a unity of interest and
ownership between and among the Defendant Companies such that the separate
personalities of the Defendant Companies no longer exist.
23
105. GORMAN waged a campaign of defamation against Plaintiffs with the intent of
destroying their business and diverting business away to the Defendants competing
businesses.
106. Most of the websites containing the False Statements were curiously removed
around the time Monarch was dismissed from the PA Lawsuit.
107. Upon information and belief, Defendants created, owned, operated, maintained,
or controlled the websites containing the False Statements.
108. Upon information and belief, Defendants made the False Statements and/or
knowingly agreed to engage in a malicious smear campaign against Plaintiffs.
109. Upon information and belief, Defendants have knowingly agreed to engage in a
malicious smear campaign against Plaintiffs, as well as encourage and solicit third parties
to join in their efforts, to defame and disparage Plaintiffs, interfere with Plaintiffs
existing and prospective business relationships, unfairly compete against Plaintiffs, and
place Plaintiffs in false light.
110. The following statements demonstrate Defendants malicious intent and purpose,
as well as the degree to which Plaintiffs have been specifically targeted by Defendants:
a. Were looking forward to opening discovery on all of your active clients,
offers, and inner-workings down there at Direct-Outbound.com in South
Carolina, as we are well aware of a lot of class action attorneys that are
starving are toowe know a few really good ones. See Exhibit G hereto.
b. Recently John Monarch has received quite a bit of negative press online,
after all he was exposed as the ring leader behind PerformOutsider.com /
24
Ilya Putin / Ilya Blt. We helped to spread the word online. See Exhibit H
hereto.
c. You have an army of enemies coming after you now John, and we're going
to expose you for everything you've done to hurt people online. You're
gonna get black balled from the affiliate marketing industry and are super
toxic right now. See Exhibit S hereto.
111.
The False Statements made by Defendants tend to injure the Plaintiffs in
their business and accuse Plaintiffs of business misconduct and/or attack the business
reputation of each Plaintiff.
112.
Defendants, as joint tortfeasors, acted in concert, conspired with each other,
and encouraged and assisted each other, to defame Plaintiffs; and as a result, Plaintiffs
have suffered and will continue to suffer indivisible harms.
113.
Defendants have knowingly agreed to engage in a malicious smear
campaign against Plaintiffs, as well as encourage and solicit third parties to join in their
efforts, to defame and disparage Plaintiffs, interfere with Plaintiffs existing and
prospective business relationships, unfairly compete against Plaintiffs, and invade
Plaintiffs privacy.
114.
The False Statements have the tendency to deceive a substantial segment of
those who viewed them, as the Defendants did not disclose that they were competitors of
DOS and that the statements were false.
115.
As a direct and proximate cause of the Defendants having made the False
Statements, Plaintiffs have been/or are likely to be injured, either by direct diversion of
25
sales from DOS to ACF and ACN and/or by lessening of the goodwill associated with
DOSs services and/or products.
116. Plaintiffs are informed and believe, and on that basis allege, that the conduct of
all of the Defendants was intentional, and done willfully and maliciously towards
Plaintiffs, and with a conscious disregard for their rights which justifies an award of
exemplary and punitive damages.
117. Upon information and belief, there exists a unity of interest and ownership
between and among the Defendant Companies such that the separate personalities of the
Defendant Companies do not exist.
118. Upon information and belief, Defendants transferred assets and ownership
interests in the Defendant Companies without receiving reasonably equivalent value in
exchange for the transfer.
119. Upon information and belief, GORMAN still controls or is involved with the
Defendant Companies.
120. Upon information and belief, Defendants have completely disregarded the
corporate formalities relating to the Defendant Companies.
121. Defendants have created confusion of the separate entities.
122. To the extent that GORMAN or the Defendant Companies sold or merged with
or into other entities, such entities assumed any outstanding debts and liabilities.
COUNT I DEFAMATION AND DEFAMATION PER SE
123. All of the allegations contained within the paragraphs above and below are
hereby incorporated by reference as if fully set out herein.
26
124.
The False Statements made by Defendants are about and concerning
Plaintiffs.
125.
In making and publishing the False Statements, Defendants caused
Plaintiffs to be portrayed out of context and in false light.

126.
Without privilege, Defendants communicated the False Statements to third
parties via the Internet and/or intentionally made such statements on the Internet, which
were accessible to third parties without password protection.
127.
Defendants False Statements are and would be highly offensive to a
reasonable person and have been published to third parties with the apparent intent of
causing harm to the reputation and economic interests of Plaintiffs.
128.
In making and publishing the False Statements, Defendants had knowledge
of or acted in reckless disregard as to the falsity of the False Statements.

129.
Plaintiffs allege, on information and belief, that Defendants published the
False Statements knowing that they would be widely disseminated across the country.
130.
As a direct and proximate result of Defendants posting the False
Statements, Plaintiffs have sustained, and will continue to sustain, immediate and
irreparable harm and injury including, but not limited to, damage to reputation, losses in
revenues, loss of profits, loss of goodwill, loss of business relations with existing and
future business prospects, and loss of competitive business advantage, opportunity,
and/or expectancy.
131.
As a direct and proximate cause of the conduct by Defendants, Monarch
has and will continue to suffer humiliation, extreme emotional distress, anxiety,
27
depression, stomach aches, headaches, lack of sleep, lack of a desire to eat, emotional
pain and suffering, anguish, and loss of self-esteem.
132.
The False Statements made by Defendants impeach the honesty, integrity
or reputation of Plaintiffs.
133. The False Statements made by Defendants constitute defamation per se and
general damages are presumed as a matter of law.
134. Plaintiffs have suffered general and special damages in an amount to be proved
at trial.
135. In making and publishing the False Statements, Defendants acted maliciously,
willfully, wantonly, and unlawfully.
136. For such willful and malicious acts, Plaintiffs hereby seek punitive damages in
addition to their actual damages.
137. Defendants acts, omissions, conduct and transactions alleged herein were
aggravated, outrageous, and guided by evil motives wherein Defendants intended to harm
Plaintiffs and/or consciously pursued a course of conduct knowing that it created a
substantial risk of significant harm to Plaintiffs.
138. To dissuade Defendants from pursuing a similar course of conduct in the future
and to discourage other persons from similar conduct in the future, an award of punitive
damages should be awarded against Defendants in the sum of sufficient magnitude to
punish Defendants and to deter similar conduct by others.
///
///
28
COUNT II INVASION OF PRIVACY-- FALSE LIGHT

140. In making and publishing the False Statements, Defendants caused Monarch to
be portrayed out of context and in false light.
141. The False Statements are about and concerning Plaintiffs.
142. Defendants communicated the False Statements to third parties via the Internet
and/or intentionally made such statements on the Internet accessible to third parties
without password protection.
143. Defendants False Statements are and would be highly offensive to a reasonable
person and have been published to third parties with the apparent intent of causing harm
to the reputation and economic interests of Monarch.
144. In making and publishing the False Statements, Defendants had knowledge of
or acted in reckless disregard as to the falsity of the False Statements and the false light in
which Monarch would be placed.
145. The False Statements pose a direct and immediate threat to Monarchs personal
and business relationships.
147. For such willful and malicious acts, Monarch hereby seeks punitive damages in
addition to actual damages.
29
COUNT III INVASION OF PRIVACY
WRONGFUL APPROPRIATION OF PERSONALITY
151.
The False Statements are unprivileged, include and utilize Monarchs name
and likeness, were made without Monarchs consent, and were made to benefit and
further both the Defendants commercial aspirations as well as the Defendants personal
desire to harm Plaintiffs.
152.
Defendants communicated the False Statements to third parties via the
Internet and/or intentionally made such statements on the Internet, which were accessible
to third parties without password protection.
153.
causing harm to the reputation and economic interests of Plaintiffs.
30
154.

155.
As a direct and proximate result of the Defendants posting the False
Statements, Monarch has sustained, and will continue to sustain, immediate and
and/or expectancy.
156.
As a direct and proximate cause of Defendants conduct, Monarch has and
will continue to suffer humiliation, extreme emotional distress, anxiety, depression,

stomach aches, headaches, lack of sleep, lack of a desire to eat, emotional pain and
suffering, anguish, and loss of self-esteem.
157.
Defendants wrongful conduct was intentional, willful and malicious, and
performed with a conscious disregard for Monarchs rights. Monarchs injuries were
intensified by the malicious conduct of Defendants. Defendants conduct justifies an
award of punitive damages.
COUNT IV -- INVASION OF PRIVACY
WRONGFUL PUBLICIZING OF PRIVATE AFFAIRS
31
159.
The False Statements are unprivileged, were made without Monarchs
consent, include private matters in which the public has no legitimate concern, and were
made to cause Monarch to suffer mental distress, shame and humiliation.
160.
Defendants communicated the False Statements to third parties via the
Internet and/or intentionally made such statements on the Internet, which were accessible
to third parties without password protection.
161.
causing Monarch to suffer mental distress, shame and humiliation.
162.

163.
As a direct and proximate cause of Defendants conduct, Monarch has and
will continue to suffer humiliation, extreme emotional distress, anxiety, depression,

164.
Defendants wrongful conduct was intentional, willful and malicious, and
performed with a conscious disregard for Monarchs rights. Monarchs injuries were
intensified by the malicious conduct of Defendants. Defendants conduct justifies an
award of punitive damages.
COUNT V TORTIOUS INTERFERENCE WITH CURRENT AND
PROSPECTIVE BUSINESS RELATIONSHIPS
32
166. Plaintiffs have existing business relationships with clients and other persons
relating to their business.
167. Plaintiffs have a reasonable expectation of future business relationships with
existing colleagues, prospective clients and employees, and others with whom Plaintiffs
do business or with whom Plaintiffs may reasonably expect to do business. This
expectancy is based, in part, on the considerable time, energy, and resources it takes to
develop the goodwill and reputation associated with Plaintiffs respective names.
168. At all material times hereto, Defendants were aware of Plaintiffs existing
and/or prospective business relationships.
169.
As described herein, Defendants intentionally and/or purposefully
interfered with Plaintiffs existing and prospective relationships by unlawfully making

the False Statements.
170. Defendants communicated the False Statements to third parties via the Internet
and/or intentionally made such statements on the Internet accessible to third parties
without password protection.
171. As a direct and proximate result of the Defendants posting the False Statements,
Plaintiffs have sustained, and will continue to sustain, immediate and irreparable harm
and injury including, but not limited to, damage to reputation, losses in revenues, loss of
profits, loss of goodwill, loss of business relations with existing and future business
prospects, and loss of competitive business advantage, opportunity, and/or expectancy.
33
173. For such willful and malicious acts, Monarch hereby seeks punitive damages in
COUNT VI AIDING AND ABETTING
176.
All of the allegations contained within the paragraphs above and below are

177.
Defendants posted the False Statements while acting in concert with the
other Defendants and/or pursuant to their common design.

178.
The Websites that Defendants purchased were purchased by and through
BRAND and with BRANDs company resources.

179.
The posting on johncmonarch.com states that BRAND has an audiotape of
Monarchs friend prank calling BRAND; however, the poster would not have had such
information unless the poster was associated with BRAND.
180.
The ROR posting and the posing on http://johnmonarchsucks.com/ are very
similar; both postings provide the same detailed list of steps Monarch allegedly takes to
34
scam customers; however, one could easily discern that the language was purposefully
changed so that it would not be exactly the same.
181.
It
is
evident
that
the
owner
of
the
Websites,
specifically
johncmonarch.com, is the same person who posted on Slideshare and ROR, or was
responsible for or was working with the person(s) who posted on Slideshare and ROR.
182.
Given that the majority of the Content was posted on the same day, as well
as the nature and similarity of the Content, it is clear that the poster(s) intended this to be
one big smear campaign against Plaintiffs.
183.
GORMAN, GEC, ACF and ACN hired and/or used BRAND as its agent
to complete the smear campaign against Plaintiffs.

184.
There have been other cases where people have alleged that BRAND
defames its clients competition as part of the reputation management services provided.
185.
Furthermore, given that GORMAN is the co-founder of BRAND, and was
able to comingle various URLs and accounts associated with all Defendants, it is likely
that he was able to control and use BRAND as his agent to complete the smear campaign
against Plaintiffs.
186.
BRAND, through Kinkar (its officer), registered the Websites, hosted the
Websites, and made the postings, including the postings on ROR and Slideshare.
187.
Notably, in a sworn statement, GORMAN, under the penalty of perjury,
stated that he did not post any information on the website known as
www.ripoffreport.com . . . .
35
188.
Defendants knew that they had a duty to refrain from posting the False
Statements and/or proving the other Defendants with the assistance to complete the smear
campaign against Plaintiffs.
189.
In his description for his employment with BRAND, Kinkar states it takes
years to build a solid reputation and seconds to destroy it. Nowadays after someone meets
you the first thing they do is Google your name or your companies name. Notably, he
specifically mentions becom[ing] the victim of . . . a RipOffReport.
190.
BRAND, as a reputation management company, had intimate knowledge of
SEO techniques that would increase the visibility of websites on the Internet, as well as
the irreparable harm that would be caused by a smear campaign such as the one BRAND
helped wage against Plaintiffs.
191. In making and publishing the False Statements, Defendants, including BRAND,
had knowledge of or acted in reckless disregard as to the falsity of the False Statements
and the false light in which Monarch would be placed.
192. Based upon the excessive number of publications and the manner in which
False Statements were publish, Defendants acted maliciously, willfully, wantonly, and
unlawfully in making and publishing the False Statements.
193. Defendants posted the False Statements with the substantial assistance and
encouragement of each other.
194. Defendants have knowingly enabled each other to defame and harass Plaintiffs,
interfere with Plaintiffs existing and prospective business relationships, cause Plaintiffs
severe emotional distress, and place Plaintiffs in false light.
36
195. Given Defendants attempt to conceal their identities, as well as the source of the
False Statements, it is evident that Defendants knew that they were participating in
unlawful conduct, which they knowingly had a duty to avoid.
196.
As a direct and proximate result of the Defendants conduct, Plaintiffs have
sustained, and will continue to sustain, immediate and irreparable harm and injury
including, but not limited to, damage to reputation, losses in revenues, loss of profits, loss
of goodwill, loss of business relations with existing and future business prospects, and
loss of competitive business advantage, opportunity, and/or expectancy.
197. As a direct and proximate cause of the conduct by Defendants, Plaintiffs have
and will continue to suffer humiliation, extreme emotional distress, anxiety, depression,
198. Defendants conduct was intentional, malicious and done for the purpose of
causing injury to Plaintiffs.
37

COUNT VII CONSPIRACY
203. Defendants conspired and acted in concert with each other, with a common
purpose to engage in a malicious smear campaign against Plaintiffs, as well as encourage
and solicit third parties to join in their efforts, to defame and harass Plaintiffs, interfere
with Plaintiffs existing and prospective business relationships, cause Plaintiffs severe
emotional distress, and place Plaintiffs in false light.
204. Defendants committed acts in furtherance of this common purpose, including,
but not limited to, Defendants coordination with each other, as well as third parties, to
more widely disseminate the False Statements using the Internet.
205. The acts committed in furtherance of Defendants common purpose has caused
special damages to Plaintiffs business interests and reputation, including, but not limited
to, the special harm caused by the augmented dissemination of the False Statements
accomplished by the virtue of the conspiracy.
206. As a direct and proximate result of the Defendants conduct, Plaintiffs have
sustained, and will continue to sustain, immediate and irreparable harm and injury
including, but not limited to, damage to reputation, losses in revenues, loss of profits, loss
of goodwill, loss of business relations with existing and future business prospects, and
loss of competitive business advantage, opportunity, and/or expectancy.
38
207. As a direct and proximate cause of the conduct by Defendants, Monarch has
and will continue to suffer humiliation, extreme emotional distress, anxiety, depression,
208. Defendants conduct was intentional, malicious and done for the purpose of
causing injury to Plaintiffs.
209.
For such willful and malicious acts, Plaintiffs hereby seek punitive
damages in addition to actual damages.

210.
Defendants acts, omissions, conduct and transactions alleged herein were
COUNT VIII FRAUDULENT TRANSFER
hereby incorporated by reference as if though fully set forth herein.
213. GORMAN, GEC, and ACF is each a debtor as defined in 12 Pa.C.S.A. 510,
and each Plaintiff is a creditor based upon their claims against GORMAN, GEC, and
ACF.
39
214. Upon information and belief, GORMAN, GEC, and ACF concocted a scheme
and artifice to conceal, insulate and hide assets from Plaintiffs.
215. Upon information and belief, the scheme and artifice included transferring
assets to from GORMAN, GEC and ACF to ACN to conceal, insulate and hide the assets
from Plaintiffs.
216. ACN was curiously created 7 days after the beginning of Defendants smear
campaign against Plaintiffs, but both ACN and ACF still share the same business address
and engage in the same line of business.
217. Shortly after ACN was created, upon information and belief, the assets that
were transferred to ACN from GORMAN, GEC and ACF, include, but are not limited to,
domain names, web content, links, backlinks, landing pages, advertising campaigns,
marketing offers, Internet traffic, lead generation techniques, contractors, leads,
employees, Internet marketing platforms, software, stock, and account receivables.
218. Before transferring the assets, Defendants knew that there was, or would be, an
outstanding debt owed to Plaintiffs based upon the substantial damages and harm that
would be caused by the smear campaign waged against Plaintiffs.
219. In anticipation that Defendants would likely be sued and found liable for the
smear campaign against Plaintiffs, upon information and belief, Defendants transferred
the assets to ACN as alleged herein with the actual intent to hinder, delay, or defraud
Plaintiffs.
220. Upon information and belief, GORMAN, GEC and ACF transferred the assets
without receiving any reasonably equivalent value in exchange for the assets.
40
221. Upon information and belief, GORMAN, GEC and ACF are or may be
insolvent as a result of the transfer of assets.
222. Upon information and belief, GORMAN, GEC and ACF have retained
possession and/or control of the property transferred after the transfer.
223. Upon information and belief, GORMAN, GEC and ACF were aware of the
fraudulent nature of the transfers and none of the Defendants took interest in the assets in
good faith. Defendants and the owners of the Defendant Companies have aided and
abetted in the wrongful conduct alleged herein.
224. Based on the conduct described herein, ACN, GORMAN, GEC and ACF are
liable for fraudulent transfers under 12 Pa.C.S.A. 5104 and 5105.
225. Based on the fraudulent conduct described herein, as a direct and proximate
result of GORMAN, GEC and ACFs conduct, Plaintiffs have been damaged in an
amount to be proven at trial.
226. Based on the fraudulent conduct described herein, GORMAN, GEC and ACF
acted maliciously, willfully, wantonly, and unlawfully.
228. GORMAN, GEC, ACN, ACFs acts, omissions, conduct and transactions
alleged herein were aggravated, outrageous, and guided by evil motives wherein
Defendants intended to harm Plaintiffs and/or consciously pursued a course of conduct
knowing that it created a substantial risk of significant harm to Plaintiffs.
41
damages should be awarded against GORMAN, GEC, ACN, ACF in the sum of
sufficient magnitude to punish them and to deter similar conduct by others.
COUNT IV ALTER EGO
hereby incorporated by reference as if though fully set forth herein.
231. Under the circumstances alleged herein, observing the corporate form would
promote injustice or sanction a fraud.
232. Based on the facts alleged herein, there is such a unity of interest and ownership
between and among the applicable Defendant companies such that the separate
personalities of the companies do not exist.
Specific allegations pertaining to BRAND
233. BRAND is the alter ego of GORMAN.
234. BRAND failed to adhere to corporate formalities by (1) allowing its owners
and/or GORMAN to use the company, its officers, and its resources to promote injustice
and engage in unlawful conduct; (2) failing to having policies and procedures that
prevented shareholders/individuals from using company resources in such a manner; and
(3) failing to obtain approval from the board of directors regarding the commingling of
substantial company resources, including the URLs owned and/or controlled by BRAND,
GORMAN, ACN, ACF, and GEC.
42
235. At all times relevant to the allegations set forth herein GORMAN used the
resources of BRAND to post false, damaging, misleading, and defamatory statements
about Plaintiffs.
236. GORMAN directed BRANDs Chief Technology Officer, Kinkar, to purchase
the Websites and post the False Statements to further GORMANs personal interests, as
well as the interests of GORMANs other companies, ACF, ACN, and GEC.
237.
Given that GORMAN is the co-founder of BRAND, and was able to
comingle various URLs and accounts associated with all Defendants, GORMAN was
able to control and use BRAND as his agent to complete the smear campaign against
Plaintiffs.
238.
Notably, even though BRAND paid $500,000.00 for brand.com, BRAND
still elected to comingle the URL with those owned by ACF, ACN, GEC, and
GORMAN, including, reputationchanger.com, atcostfulfillment.com, fulfillment.com,
atcostnutra.com,
kinkarsaha.com,
rich-gorman.net,
directresponse.net,
reputation-
changer.com, reputationchangersucks.com, richgormanonline.com, richgormanbio.com,

Specific allegations pertaining to ACN
239. ACN is the alter ego of ACF, GORMAN, and/or GEC.
240. GORMAN denies any ownership in ACN, which is purportedly owned by
Singletary; however, ACN was curiously created 7 days after the beginning of
43
Defendants smear campaign against Plaintiffs, but both ACN and ACF still share the
same business address and engage in the same line of business.
241. Upon information and belief, ACN owns no assets, other than those that were
unlawfully conveyed to it by ACN, GORMAN, GEC, and/or BRAND.
242. Upon information and belief, ACN and ACF use the same staff, management,
employees,
web
hosting
accounts,
servers,
and
share
the
same
type
of
business/transactions.
243.
ACN commingles its domain name with various domains names owned by
ACF, GEC, and GORMAN, including, reputationchanger.com, atcostfulfillment.com,

fulfillment.com, atcostnutra.com, kinkarsaha.com, rich-gorman.net, directresponse.net,
reputation-
changer.com, reputationchangersucks.com, richgormanonline.com, richgormanbio.com,

244. Upon information and belief, at the time of its formation, ACN was
underfunded and could not operate as a separate company, distinct from ACF.
245.
In addition to his personal motives for retaliation against Monarch,
GORMAN, along with ACF, ACN, and GEC had financial motives to destroy Plaintiffs
as direct competitors.
246. Shortly after ACN was created, upon information and belief, the assets that
were transferred to ACF from GORMAN, GEC and ACF, include, but are not limited to,
domain names, web content, links, backlinks, landing pages, advertising campaigns,
44
marketing offers, Internet traffic, lead generation techniques, contractors, leads,

employees, Internet marketing platforms, software, stock, and account receivables.
247. Before transferring the assets, Defendants knew that there was, or would be, an
outstanding debt owed to Plaintiffs based upon the substantial damages and harm that
would be caused by the smear campaign waged against Plaintiffs.
248. In anticipation that Defendants would likely be sued and found liable for the
smear campaign against Plaintiffs, upon information and belief, Defendants transferred
the assets to ACN as alleged herein with the actual intent to hinder, delay, or defraud
Plaintiffs.
Specific allegations pertaining to GEC
249. GEC is the alter ego of GORMAN and/or ACF.
250. GORMAN is the sole owner of GEC.
251. Upon information and belief, GEC, GORMAN and ACF use the same staff,
management, employees, web hosting accounts, servers, and share the same type of
business/transactions.
252. Upon information and belief, at the time of its formation, GEC was
underfunded and could not operate as a separate company, distinct from ACF.
253.
GEC, ACN, ACF, and BRAND (fka Reputation Changer LLC) all shared
the same address.

254. Upon information and belief, GEC owned no real estate, owned no equipment
of value (other than the trade name At Cost Fulfillment), owned no product or
materials, owned no inventory, had no treasury or capital, and had essentially no other
45
corporate assets of any kindbut rather served as pass-through entity by which payments
to GORMAN were processed.
255. GORMAN, for his own benefit, as well as the benefit of ACF, used the
resources of GEC in causing the False Statements to be posted about Plaintiffs.
256. The metadata of the content that was posted on Slideshare was examined, which
revealed that the document was created by GORMAN of GEC.
257. Rather than being owned by ACF, At Cost Fulfillment is a registered trade
name of GEC, which also does business as At Cost Fulfillment, LLC.
COUNT X PRELIMINARY AND PERMANENT INJUNCTION
259.
As a direct and proximate result of the Defendants posting the False
Statements, Plaintiffs have sustained, and will continue to sustain, immediate and
and/or expectancy.
260. The False Statements made by Defendants impeach the honesty, integrity or
reputation of Plaintiffs, Plaintiffs businesses, and Plaintiffs services.
261. The False Statements made by Defendants are defamatory on their face.
46
262. There is a substantial risk that unless Defendants wrongful acts described
herein are temporarily, preliminarily, and/or permanently enjoined, Defendants will
continue to irreparably injure Plaintiffs.
263. Plaintiffs have no adequate remedy at law; therefore, upon the filing of a
Motion for Injunctive Relief pursuant to Fed.R.Civ.P. 65, Plaintiffs are entitled to
injunctive relief.
WHEREFORE, Plaintiffs demand judgment against Defendants as follows:
1.
Upon the filing of a Motion for Injunctive Relief, for a preliminary and
permanent injunction compelling Defendants to remove from the
Internet all material pertaining to Plaintiffs and their businesses;
2.
Upon the filing of a Motion for Injunctive Relief, for a preliminary and
permanent injunction enjoining Defendants from publishing any false
statements or defamatory material to any third party;
3.
For general damages in an amount to be proven at trial;
4.
For special damages in an amount to be proven at trial;
5.
For punitive damages in an amount to be proven at trial;
6.
For Plaintiffs costs herein incurred;
7.
For Plaintiffs reasonable attorneys fees incurred herein;
8.
For interest on the foregoing attorneys fees and court costs at the
statutory rate from the date of judgment until paid;
47
9.
For prejudgment and postjudgment interest on all damages at the

highest rate allowed by law from the date of injury until paid in full;
and
10.
For such other and further relief as the Court deems just and proper.
RESPECTFULLY SUBMITTED this _______________ day of December, 2014

/s/ Daniel R. Warner
Daniel R. Warner, Esq.
Arizona Bar # 026503
(Admitted Pro Hac Vice)
KELLY / WARNER, PLLC
8283 N. Hayden Road, Suite 229
Scottsdale, Arizona 85258
Tel: 480-331-9397
Fax: 1-866-961-4984
Email: dan@kellywarnerlaw.com
/s/ Matthew Glazer

Matthew Glazer, Esq.
COZEN O'CONNOR
1900 Market St
Philadelphia, PA 19103
(215) 665-2000
MGlazer@cozen.com
Attorneys for Plaintiffs
and
48
CERTIFICATE OF SERVICE
I hereby certify that, on the same date set forth above, I electronically transmitted
the foregoing document to the Clerks Office using CM/ECF System for filing and
distribution to the following registered participants of the CM/ECF System:
Matthew A. Glazer, Esq.

Cozen OConnor
1900 Market Street
Co-Counsel for Plaintiffs
David. J. Shannon, Esq.

Jonathan E. Cross, Esq.
Marshall, Dennehey, Warner, Coleman &
Goggin
2000 Market Street, Suite 2300
Attorneys for Defendant Brand.com
William H. Catto, Esq.

Sean R. Riley, Esq.
Litchfield Cavo, LLP
1515 Market Street, Suite 1220
Attorney for Defendant Richard A.
Gorman
Burt M. Rublin, Esq.

David H. Pittinsky, Esq.
Ballard Spahr LLP
1735 Market Street, 51st Floor
Attorneys for Defendants Gorman Economics,
LLC and At Cost Nutraceuticals LLC
James L. Barlow, Esq.

Law Offices of James L. Barlow
630 Freedom Business Center
Third Floor
King of Prussia, PA 19406
Attorney for Vanguard Economics,
LLC dba At Cost Fulfillment, LLC dba
Fulfillment.com
/s/ Daniel R. Warner
49
50

First Amended Complaint (FINAL) - 12!02!14

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First Amended Complaint (FINAL) - 12!02!14

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOHN C. MONARCH, an individual; DIRECT

Case No. 2:14-cv-05980-TON

VERIFIED FIRST AMENDED COMPLAINT

PARTIES, JURISDICTION AND VENUE

Monarch maintains a primary residence in Greenville County, South Carolina

Defendant Richard A. Gorman (GORMAN) maintains a primary

residence located in Philadelphia, Pennsylvania, and is a citizen of Pennsylvania within

Defendant Gorman Economics, LLC (GEC) is a limited liability

Defendant Vanguard Economics, LLC, doing business as At Cost Fulfillment,

business as At Cost Fulfillment, LLC. Vanguard Economics LLC, Fulfillment.com, At

Defendant At Cost Nutraceuticals, LLC (ACN) is a Georgia limited liability

Defendant Brand.com, Inc. (BRAND) is a business corporation duly

organized and created under the laws and ordinances of Pennsylvania.

maintains its principal place of business in Philadelphia, Pennsylvania. Accordingly,

The true names or capacities, whether individual, corporate, associate or

were performed in this judicial district.

Venue is proper in this judicial district under 28 U.S.C. 1391(a)(2) and

jurisdiction and venue are proper in this Court.

Upon information and belief, Defendant GORMAN hired and/or directed

BRAND, which is a reputation management company, to post false, damaging,

richgormansite.com, no2explodeextreme.com, reputationmanagementagency.com, and

JohnMonarchsColdMeal, with an email address of Nicetry14@hmamail.com, and an IP

47. Additionally, the posting on johncmonarch.com states that BRAND has an

The False Statements posted on www.ripoffreport.com (ROR) were posted

by an agent of GORMAN, GEC, ACF, ACN, and BRAND.

DOS provides fulfillment services and call center solutions to businesses

throughout the United States.

Defendants have intimate knowledge of search engine optimization (SEO)

techniques that would increase the visibility of websites on the Internet.

Additionally, to the extent Monarch is affiliated with other companies that

Upon information and belief, in or around January of 2014, Defendants posted

implications aimed at Plaintiffs (collectively the False Statements). The False

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Statements have been attached to Exhibit F hereto.

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

http://johncmonarch.com/karl-steinborn/, stating that Recently John Monarch has

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

implications aimed at Plaintiffs (collectively the False Statements). The False

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Upon information and belief, in or around January of 2014, Defendants posted

Statements have been attached to Exhibit V hereto.

directresponse-net-criminal-past/ (the Sex Offender Content).

The False Statements made by Defendants tend to injure the Plaintiffs in

Defendants, as joint tortfeasors, acted in concert, conspired with each other,

Defendants have knowingly agreed to engage in a malicious smear

The False Statements have the tendency to deceive a substantial segment of

The False Statements made by Defendants are about and concerning