|Forrest Wins Against Malek in Civil & Criminal Court|
& Public Warning to Hotels & Travelers
Dismissal of All Criminal Charges - Forrest Prevails in 2 LawsuitsDear Costa Rican and Internet Friends,
On Monday, April 12, 2010, almost 7 years after Joern Malek filed false criminal charges against me, the case was DISMISSED in criminal court in Puntarenas by a unanimous decision of the three judge panel!
The criminal court considered and admitted new, extraordinary and compelling evidence in my favor, which was the verdict on June 10, 2009 against Joern Malek in my civil case against him. Therefore, the tribunal judges made an extremely rare and exceptional declaration in my favor - DISMISSING all criminal charges against me in a pre-trial resolution.
The criminal court noted that the facts upon which I prevailed in the civil trial - that the website name www.1costaricalink.com had always belonged to me, and that I was unequivocally a partner with Malek during our association Ė those conclusions of the civil court now resolved in my favor those criminal complaints that had been made against me by Malek.
In addition to my exemplary attorneys, Andre Vargas and Josť Francisco Madrigal, I wish to thank my wife, friends, witnesses, clients, other webmasters and the public who have stood by my side for the last 7 years, believing in me, defending me, and standing up for the truth. Also, I wish to express my gratitude to the powerful comments made by TripAdvisor.com contributors - Destination Experts and travel writers - who have clarified the differences between me and my 1CostaRicaLink.com web site, and my ex-partner - Joern Malek, 1DASHcostaricalink.com and Discovery Travel World. And, last but not least, my family, who has waited for almost 7 years for the restriction on my passport to be lifted, so that I can travel back to the U.S. to see them. Now, I freely can!
Below are translated "fact" points and some excerpts from the civil court decision, their conclusions and judgments.
Very Best Regards,
PLAINTIFF FOREST GRANT GEIGER.-
ATTORNEY: ANDRE VARGAS SIVERIO. ADDRESS: GONZALEZ LAHMAN,STREET 23 BIS, TENERIFE BUILDING, 3RD FLOOR, OFFICE #4 (FROM THE HOUSE OF MATUTE GOMEZ 200 METERS EAST AND 250 METERS SOUTH).-
( ) DEFENDANT. JORN MR. MALEK AND FLAMINGO LINK S.A.-
ATTORNEY: RAMIRO FERNANDEZ ELIZONDO. FAX: 203-66-21-
ORDINARY CIVIL ACTION
OF FORREST GRANT GEIGER AGAINST JORN MALEK AND OTHER.
THIRD CIVIL COURT OF MAJOR QUANTITY San Jose, at sixteen hours, twenty minutes of June ten, two thousand and nine. Ordinary Civil Action established before this court by FORREST GRANT GEIGER, adult, married, US citizen, internet designer, domiciled at Escazu, against JORN MALEK, adult, married, Swiss citizen, businessman, domiciled at Santa Ana and FLAMINGO LINK SOCIEDAD ANONIMA, represented with General Power of Attorney without any limitations by Jorn Malek.
III- PROVEN FACTS:
The following facts influenced in the decision of the present case:
1) Before the year two thousand and one, the company Flamingo Link S.A. represented by Jorn Malek, had registered in his name the following websites: www.1-costarica-link.com and www.costarica-link.com.
2) These websites were to promote tourist sites, hotels and other services offering tourist packages, hotel reservations, car rentals to possible clients in and out of the country, in exchange of a specific amount of money as a commission for the services provided.
3) The designs used on the website pages were not of the best quality and for this reason, the profits regarding the offering of the tourist services where not those expected by Mr. Malek
4) In the beginning of the year two thousand and one, Mr. Malek met Mr. Forrest Geiger, who was recommended as a web master that produced high quality websites.
5) Geiger was hired by Mr. Malek to work on the above mentioned websites, registered in the name of Flamingo Link S.A., and the first recommendation that was given by Geiger, with the purpose to avoid confusions and to facilitate the offers to the clients was to eliminate the punctuation (slash) in the websites, recommendation that was accepted by Mr. Malek.
6) This change in to the websites and the good design work and the techniques done by Forrest, generated more demand of the services offered and increased the monetary income for Flamingo Link S.A.
7) Satisfied for the professionalism shown by Forrest within the short period of time since they had known each other, Mr. Malek proposed they become partners and to form a new company, that would offer the same services that Flamingo Link S.A. offered through the website www.1costaricalink.com.
8) In the beginning, to formalize this union, Mr. Malek, offered Forrest twenty percent of all the net profits that were to be received for the services offered in the above mentioned website.
9) The joint efforts in the optimization of the website, soon brought important economic benefits and as a result, two months later, Mr. Malek changed his offer to thirty-three percent of the net profits to be received and six months after the initial date of their partnership, he offered Mr. Geiger fifty percent of those profits.
10) Mr. Malek and his wife Angela were in charge of the accounting, administration and management of this new corporation. Mr. Geiger was in charge of optimizing the website and all of the technical support and design of the web page. At first it was agreed, that each one should cover his own expenses, and later on, when they reached a more favorable position in the market, the net profits would be then distributed equitably after deducting each partnerís expenses
11) In order to optimize the web page, Forrest incurred in several expenses, such as, marketing expenses, weekly advertisement in the Tico Times newspaper, etc. He also helped Mr. Malek pay some of his personal debts. All the above mentioned, as well as his technical work were never reimbursed by Mr. Malek as it was agreed upon.
12) Due to the high quality of Forrestís designs and work, the web page, www.1costaricalink.com, rapidly increased its volume of information on the database, positioning the web page in a favorable position in the search engines of the market.
13) In April two thousand and one, Mr. Forrester Geiger registered, the website www.1costaricalink.com in his name
14) Due to this fact, in September ten, two thousand three, Mr. Malek presented criminal case against Mr. Geiger before the Public Prosecutorís office for the crime of fraud, that was later known as computer fraud.
15) A few months after having initiated the contractual relationship between Geiger and Mr. Malek, several lawyers were contacted to conform and formalize the registration of the corporation, but this was never formalized, due to Mr. Malekís actions and negligence.
16) During the duration of the agreement, up and until November, two thousand and two, Angela sent Forrest weekly reports of accounting disclosures containing expenses and profits of the de facto corporation. 17) Mr. Malek obtained loans and money advances that were not reported to Forrest and improved his standard of living. He rented two adjoining houses and even hired a maid.
18) Mr. Malek acquired other websites and neglected the web page www.1costaricalink.com.
19) As a result of all the disagreements in relation to the distribution of the profits from the optimization of the website: www.lcostaricalink.com, Mr. Forrest made an itemized offer for Mr. Malek to buy his part of the business for a price of twenty-two thousand dollars.
20) Finally, the contractual relationship between Geiger and Mr. Malek was terminated in August, two thousand and three.
THEREFORE:Consequently, a partial sentence is emitted in this plenary civil case FORREST GRANT against JORN MALEK, declaring the following:
the existence of a de facto corporation conformed by Mr. Geiger and Mr. Malek since March of two thousand and one, whose function was the creation, implementation, management and commercial exploitation of the new website www1costaricalink.com, that would be used to generate profits from the tourist reservations, which would be distributed by a percentage among the partners and that such de facto corporation was created, administered, promoted and positioned commercially with joint and proportional contributions of both partners, and that such company belonged to the plaintiff and defendant in equal parts, starting in January of two thousand and two and was dissolved in August of two thousand and three, by causes attributed exclusively to the defendant, Mr. Malek. This disloyal behavior towards his partner was aimed at reducing his patrimonial interests.
Therefore, the website www.1costaricalink.com presently registered in the plaintiffís name, shall continue to belong to him exclusively, and the websites registered in the defendantís name, during the duration of the de facto corporation, will continue to belong exclusively to him, the following websites: www.1link2alajuela.com; www.1link2cartago.com; wwwlink2costarica.com; www.link2guanacaste.com; www.link2heredia.com; www.1link2hotels.com; www.1link2limon.com; www.1link2puntarenas.com; www.1link2sanjose.com; www.1link2websites.com; www.1link2yellowpages.com and www.Flamingo-link.com.
The patrimonial damages for the costs and expenses incurred by the plaintiff by the creation of the de facto corporation and of the profits and dividends that were not received by the plaintiff during the duration of the company is approved, but at the moment cannot be calculated because the expertise attempt did not have the expected results, which can be read starting page 1131 and following pages.
In abstract, the patrimonial damages are approved in favor of the plaintiff, who will have to file proper liquidation when the sentence is executed, with the corresponding interest at the present legal interest rate, which will be taken as losses, starting from the moment the present resolution is firm and up to the final and complete payment.
This claim is resolved against Jorn Malek, sentencing him to pay both costs and expenses related in this litigation.
Jorge A. Martinez Guevara. Civil Judge
In short, the civil court, and later the criminal court, both agreed with my 4 factual statements that I made in my website, on 23 May, 2004, in response to Joern and Angela Malek's slanderous statements about me.
Public Notice to Local Hotels & Visitors to Costa RicaIf you are reading about this for the first time, my web site www.1CostaRicaLink.com is not associated with or responsible for the bookings and debts of my ex-partner Joern Malek and his wife, Angela, and their websites 1-costaricalink.com (1DASHcostaricalink.com) and discoverytravelworld.com. For instance, concerning hotel owners, I received this email from a hotel owner a short time ago:
3 March 2010
Of course, once I clarified that his hotel was not even on my web site, that he meant 1DASHcostaricalink.com , he became very cordial. But, I wish I didn't have to explain anything, because there were no more hotels being taken advantage of.
Also, here is another hotel owner complaining about the same thing on TripAdvisor.com. Directly below that complaint is an April 15, 2010 traveler complaint against 1DASHcostaricalink.com and Discovery Travel World (DTW), so vacationer, take heed.
Once again, please do not confuse me with the two websites of the Maleks' that travelers and hotel owners complain about, and be sure you are wrting to their proper email address.
Below are some links to a more complete historical record of past and ongoing problems:
AM Costa Rica Online Newspaper Article - Clarification from Forrest
Click here for answers to Joern's latest falsehoods in his February & March, 2005 Newsletters
Impersonations, imagionary contracts, other rantings & fables, and the 100 Ton Elephant.
Google's Jagger Update, It's Effects on Malek, Relaxing of Defamation
Response to Comments Made on www.TripAdvisor.com
Response to Comments Made on www.WeLoveCostaRica.com
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