SUBMITTED: Wednesday, September 17, 2008
POSTED: Wednesday, September 17, 2008
This response is being posted by Adorno & Yoss LLP, counsel to Gryphon Holdings, Inc. d/b/a Gryphon Financial (“Gryphon”). We have been requested by Gryphon to respond to the false and defamatory statements posted in Report Nos. 277296 and 277422.
“Theresa” claims she was misled by Gryphon because she believed the $5,000.00 she paid was for Gryphon's CEO to “do trades” for her, when, in fact, the $5,000.00 she paid was actually a down payment to enroll in the “Private Plays” service.
Gryphon makes very clear on its website (www.GryphonFinancial.net) that it is an educational service--not an investment advisor, stating in its Disclaimer:
GryphonFinancial.net is an educational service, not an investment advisor. All subscribers to each service receive the exact same trading signal publications. Active trading is not for everyone; please speak to your investment advisor before determining the suitability of GryphonFinancial.net educational services for your objectives and risk tolerance.
The Disclaimer further unambiguously states that the recommendations provided by Gryphon are not guaranteed. Our client's Return Policy, also detailed on the website, makes clear that “ALL CHARGES ARE NON-REFUNDABLE.”
The service Theresa enrolled in, “Private Plays,” was a VIP service offered by our client. For $20,000.00, a customer enrolled in this valuable service received personal stock trade recommendations from Gryphon's CEO. The receipt provided to Theresa after she made her initial $5,000.00 down payment clearly stated that the $5,000.00 was a deposit for the “Private Plays” service. In no way would Gryphon have represented to Theresa that the $5,000.00 would be traded in the stock market by Gryphon, on her behalf, because Gryphon is neither an investment advisor, nor a trader.
We regret that Theresa misunderstood the terms of the service; however, we maintain that Gryphon did not mislead Theresa and that it was entitled to receive the funds Theresa obligated herself to pay for the service.
Gryphon has authorized Adorno & Yoss LLP to initiate any and all actions as may be necessary to prevent defamatory statements from being posted about its company on the Internet and will do so in the appropriate judicial forum, not on the Internet through an anonymous name.