Ramon Toledo and Searchguy.com, Inc. Obtain
Default Judgment in the Aggregate Amount of in Excess of $12,000,000 in
Lawsuit against Thomas Bibiyan
SAN DIEGO, Sept 16, 2010 /PRNewswire via COMTEX/ -- Ramon Toledo is pleased to
announce a successful default judgment in a lawsuit brought by him against
Thomas Bibiyan. The judgment was handed down on August 8, 2010 in the United
States District Court for the Southern District of California, Case No. 07cv0695
BEN (BLM).
Toledo sued Bibiyan and his corporate alter egos personally, and derivatively,
on behalf of Searchguy.com, Inc. (the "Company"), for violations of federal and
California securities laws, breach of fiduciary duties, fraud, constructive
fraud, and breach of contract. The federal court found that the claims arose out
of a fraudulent scheme under which Bibiyan and others issued numerous false
press releases and other statements to induce investors, including Toledo, to
purchase shares. The court determined that this fraudulent conduct created an
artificially inflated stock price, and determined that as part of the scheme
Bibiyan would dump shares for which he had paid no adequate consideration.
Furthermore, the court determined that Bibiyan breached his fiduciary duties to
the Company through gross mismanagement, issuing millions of shares of Company
stock without consideration, self-dealing, directing corporate assets to
himself, and trading on non-public information.
From May to July 2004, the court determined that the evidence showed that
Bibiyan caused the Company to issue 18,500,000 shares to a number of entities
for no consideration, and then allowed such entities to sell those shares in the
public market. In addition, in accordance with the unrefuted evidence the court
determined that Bibiyan improperly controlled the Company and under Bibiyan's
control, the Company never had a bank account, prepared financial statements or
tax returns, or held any shareholders or board of directors meetings.
Toledo began purchasing Company stock in August 2004 and eventually owned
2,336,862 shares. After Toledo became aware of Bibiyan's improprieties he tried
to get Bibiyan to deliver all corporate documents of the Company and return all
shares of the Company in order end Bibiyan's involvement with the Company with
the hopes that the Company could be properly operated by a legitimately elected
board of directors. Bibiyan did not turn over the corporate documents,
shareholder lists, or return his Company shares. Instead, Bibiyan actually
issued himself an additional 1,800,000 shares of unrestricted Company stock.
On August 8, 2010, the Court issued a judgment against Bibiyan and his alter ego
companies. The court awarded the Company $11,892,000.00 in damages for the
securities frauds, an additional $100,000.00 in breach of contract damages, with
ten percent pre-judgment interest on the contract damages, and $16,646.29 in
attorney fees solely for the contract damages claims. Furthermore, the Court
awarded Toledo and his co-plaintiff damages in the amount of $219,578.00 for
their stock losses caused by Bibiyan's adjudged securities frauds.
Upon receiving news of the Court's judgment, Toledo issued the following
statement:
"I am extremely pleased with this judgment. I feel vindicated that a court has
entered judgment against Thomas Bibiyan for egregious breaches of his fiduciary
responsibility to both Searchguy.com, Inc., and its shareholders. I believe it
was necessary to bring this action against Thomas Bibiyan, so that he would not
be in a position to defraud other investors in the future. I believe that
Searchguy.com can still become a great company under the right management, and
as a shareholder of the Company, I hope to see it succeed in the future."
About Ramon Toledo
Ramon Toledo is the President and CEO of Busca Corp., an entity unrelated to,
and unaffiliated with, Searchguy.com, Inc., and is also a co-owner of INMUEBLES
Y DESARROLLOS ARNAIZ SA de CV, a real estate development company established in
1970 (family owned). With 20 years of experience in international management and
business development, Toledo has numerous recognitions as one of the most
respectable businessman and entrepreneurs to bring business into Mexico. In
October 2008, Levelup.com a branch of Busca Corp., was named Best Web 2.0 Site
in Mexico for 2008 AMIPCI (Mexican Internet Association).
Busca Corp. is a leading Mexican company in technology innovation and videogame
content. It has signed deals with top online companies: MSN, Yahoo, Terra
Networks, Playboy Mexico and Televisa.
SOURCE Ramon Toledo
www.prnewswire.com
Copyright (C) 2010 PR Newswire. All rights reserved
-0-
KEYWORD:
California
INDUSTRY KEYWORD: FIN
SUBJECT CODE:
LAW