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.