Pumped Media Ken Jabubowsky A promoter of a project that is nothing more that a scam Medicine Hat, Alberta Canada

Please be advised of the decision by the Alberta Securities Commission regarding the illegal offering of shares to the public by Pumped Media and Jen Jakubowsky. This is sent as a defence against the malicious attack against our firm and myself regarding this former client.

Pumped Media Inc and Kenneth Edmund Jakubowsky Ken Jakubowsky Alberta Securities Commission finds Kenneth Jakubowsky guilty of illegal distribution of securities and making misleading and untrue statements  Medicine Hat, Alberta  Last year Ken Jakubowsky CEO of Pumped Media attempted to involve me and our firm in an illegal securities issue. When we found out about his intentions we immediately terminated any further communications with him. As a result we suffered an attack against our reputation by his use of a Rip Off Report. We understand that this report will most like stay on the web site that google operates and will and has harmed our firms reputation. 

We now wish to communicate the text of a decision and order issued by the Alberta Securities Commission against Mr. Jakubowsky and Pumped Media. We hope that those who read his Rip Off Report lodged on our web search sites will find that our reputation was harmed and that indeed we did the right thing to terminate our engagement with Mr. Jakubowsky. We also warn anyone else who may now or in the future fall a victim of this crook.  Here is the text of the order by the Alberta Securities Commission and the link to the web posting:

ASC issues market bans against Kenneth Edmund Jakubowsky

Dec 21 2012

The Alberta Securities Commission (ASC) has imposed sanctions against Kenneth Edmund Jakubowsky of Medicine Hat after
finding that he illegally distributed securities and made misleading or untrue statements.

In the order, an ASC panel ruled that, for three years, Jakubowsky:

 must cease trading in or purchasing securities and exchange contracts;

 is banned from using any Alberta securities laws exemptions;

 is banned from acting as a director or officer of any issuer, registrant
or investment fund manager; and

 is prohibited from acting in a management or consultative capacity in connection with activities in the securities market.

Jakubowsky has also been ordered to pay an administrative penalty of $2,500.  The ASC panel sanctions follow a joint recommendation regarding sanction proposed by ASC staff and Jakubowsky.

The sanctions stem from Jakubowskys admissions that from February to June 2012 he solicited investors, from Alberta
and elsewhere, by posting a public advertisement on Facebook.com.  Jakubowsky admitted he breached Alberta securities laws by making statements in these solicitations that he knew or ought to have known were misleading or untrue.  He also admitted that he raised no investment funds through his activities.

A copy of the decision has been posted to the ASC website at www.albertasecurities.com

The ASC is the regulatory agency responsible for administering the province's securities laws. It is entrusted
to foster a fair and efficient capital market in Alberta and to protect investors.  As a member of the Canadian Securities Administrators, the ASC works to improve, coordinate and harmonize the regulation of Canada's capital markets.

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For further information please contact:

For Media Inquiries:          Mark Dickey
Senior Communications Advisor
403.297.4481

The statements recorded in the rebuttal are those transcribed from a taped conversation with Mr. Jakubowsky this morning. I stand by my rebuttal. If he wants to truly put this behind him I expect a full retraction and complete apology. His threats mean nothing to me and I am undeterred in my quest to protect my good name and reputation. 

I have dealt with bullies before and the only way to deal with them is to confront their bullying tactics head on. And failing that to enlist a good lawyer that will deal with such behavior.

Our firm met and surpassed all that was agreed to in our letter of engagement. We never and I say never agreed to fund his equity requirements. We are not licensed to do this nor do we do this for any client.

Yes, as requested, we forwarded his information to an Angel Investor who by virtue of his net worth and investor experience is empowered to assess start up equity investments, and that Angel Investor conducted due diligence and responded with a no thank you note to us that we relaid to him.

We did conduct a diagnostic assessment and provided that to him. He consulted a lawyer who confirmed that we did our work. This did not satisfy him and he went ahead to post a public offering of securities on his Facebook page which the Alberta Securities Commission found and initiated an investigation.  We found the posting too and made a copy before he removed the post. We have a copy of that on our files.

We had to deal with this because he claimed that we were part of this illegal offering and we had to spend many hours to deal with that situation. Not a pleasant experience and for which we now have to find a way to be compensated for damages to our reputation. Rather than taking responsibility for his own "mistake" he has chosen to malign our reputation (mine and my company).

I believe that we have been more that patient and polite to Mr. Jakubowsky. He did offer to make a full apology today and we did prepare the text for that as he had asked for us to do. But frankly there is no element of trust that we will actually receive such an apology, nor that he will post that on the web site and ask Ripoff Reports to redact the false statements made by him.

This leaves us with the damage that he has done to my reputation and that of my company.

I feel that you will agree that we are right to pursue legal action in this case. 

I stand by my original reportings in this matter. I did not state or express any of the statements reported in the last rebuttal. Simply contact me using this report and I will advise you of the truth about the individual doing these postings. There will be no other postings from me in this matter.
 
I stand by my original postings and complaint. I have contacted legal advice and law enforcement authorities. There is simply no truth to the so called apology from myself. I have not made any of the statements in the above rebuttal nor do I claim to have stated anything even close to those statements! Please contact me if you are reading this and I would be happy to be transparent in all my dealings and I can support my statements. I sincerely want to just end this conflict and would be happy to resovle any issues in a matter that is beneficial for both parties.

I acknowledge that I made a mistake posting a public offering on the Pumped Media facebook page. I acknowledge that the Alberta Securities Commission has started an investigation into this illegal offering of securities and that they will level a fine and more as a result. My company is not in bankruptcy at the moment but I do acknowledge that my company is insolvent.

I stand by my original reportings in this matter. I did not state or express any of the statements reported in the last rebuttal. Simply contact me using this report and I will advise you of the truth about the individual doing these postings. There will be no other postings from me in this matter.
 
I stand by my original postings and complaint. I have contacted legal advice and law enforcement authorities. There is simply no truth to the so called apology from myself. I have not made any of the statements in the above rebuttal nor do I claim to have stated anything even close to those statements! Please contact me if you are reading this and I would be happy to be transparent in all my dealings and I can support my statements. I sincerely want to just end this conflict and would be happy to resovle any issues in a matter that is beneficial for both parties.

I truly regret having stated that Mr. Robert van Eyk is a drunk, wannabee trying to repair his reputation. I regret writing that I said that he was " a professional con artist whom is trying to ruin my business and reputation, In fact my business is as he claims on the verge of bankruptcy. It is true that my business is not as I have claimed it to be with him. I regret to say that I stated that he is a "lunatic". I mislead the reader by saying that " my business has been successful in Medicine  Hat. It is not true that "AB and we have many happy customers". 

I regret to have written the libelous statements as follows: " It is the only the ill attempt of a con-artist drunk, a washed up wannabe that is desperate to try and repair his poor reputation:. "there are many others whom have shred the same results from this person, so I am am not alone in this scam". 

I regret that I have made these aspersion on his good name without a bearing in fact. I understand now that as a Mormon he has never drank any liquor, nor that he has even had coffee or tea as a drink. I was totally wrong in my statements that he was a drunk. I also regret having said that he was a wannabee now having read his resume of over 270 clients that he has served successfully with government grants and loans and for which he can demonstrate successful results. And i am notified with substantiation that he has a reputation for delivering results for clients over more than twenty years of business. I am deeply sorry for having attacked him on a personal basis.

I further say that I was wrong in insisting that he raise capital for him when this was not not part of the contract that I signed with him. I now acknowledged that he takes great pains to conduct due diligence to test all information that he is presented with to ensures that the Government Program Managers are provided with information that can be verified. I understand that his reputation with government granting organization is without any blemish whatsoever.

I was wrong to push him to make applications to government incentive organizations with the faulty information that I provided him with. And I was wrong to blame him for having taken an illegal act to offer shares to the public in contravention to the Alberta Securities Commission and to embroil him into this illegal action.

Ken Jakubowsky, I will not accept anything less than this full retraction. And even when you do It will not deter me from proceeding with a legal action. There is a mechanism on Ripoff reports that deals with mediation that will cost you $2,000 to get rid of the report. I will look for your email that confirms that you will so this and see if the report is redacted. Otherwise we will continue to proceed with the legal action for damages to my reputation and my company. I have copied this email to my lawyer and will give you 5 days to respond. Trust I am clear on this.  

received a call from the Alberta Securities Commission. The enforcement procedures are in progress and a public notification will follow. It is implied that the ASC is following up on this matter and will enforce matters dealing with the illegal offering of securities to the public. Once we see the public announcement we will post this on this site. In the meantime if anyone has been approached or has invested in this offering then contact the Alberta Securities Commission to voice your complaint and hopefully you will be able to get your money back. We are in motion now to safeguard our reputation and get compensation for the libel that Mr. Jakubowsky and Pumped Media has done to us.

Mr. Jakubowsky stated that " I did make a mistake that FB posting and have since filed with the Alberta Securities Commission (ASC) and dealt with the posting". we certainly agree that he made a hugh mistake to do this. But the statement that he since filed is not true. We have checked with the ASC and have a copy of the Registrant list on file and his company nor Mr. Jakubowsky have not registered with the ASC.  We have a call into the ASC to get an updated on enforcement orders that deal with this. As soon as we get word back we will post that to this site so we can add this to our our case for damages to our reputation and libelous statements made about me and our firm. We are moving ahead with a legal action against him and his company now. The notion that he went ahead to offer a public offering of securities because we would not be involved in an illegal activity is ludicrous.  

The statement made my Mr. Jakubowsky that " If Mr Van Eyk would of provided his services as promised and handled this differently we would not be dealing with this today" is without merit. And to say that " only need to state that I am not the only one he has done this too. False promises and no work or any kind of "diagnostic assessment" has been provided to date" is simply not true. We sent Mr. Jakubowsky a detailed diagnostic assessment and we have a copy on file regarding this phase of our work.  

I want to add that he paid us a fee a small fee for our work. We provided exceptional service to him and communicated with him almost dairy. W have over 65 email records, including specific information for Mr. Jakubowsky and over 195 hours of staff time logged for this work. We questioned the veracity of the information provided by him. We could not verify that he had 500 contracts for services in the United States, among other assertions made by him. We contacted the companies and persons that he put to us for verification and none of that information was true. So we concluded that the statements that he made were not factual. Maybe they are but we could not verify them.

What we have issue with is that Mr. Jakubowsky posted a public offering on Facebook with representations by him that were in contravention of the Alberta Securities Act. Nor would we be party to a public offering even if it was duly prepared and registered with the Alberta Securities Commission. Our firm is diligent in assuring that we are not in contravention with the regulatory agencies throughout Canada. Our reputation is of utmost importance to us. Our record is clean with all regulatory agencies across Canada. 

Mr. Jakubowsky is correct in knowing that it was me that posted the rebuttal. We stand by our statements because they are based in fact and subject to verification. 

We also agree with him that " I only need to state that I am not the only one he has done this too." Our firm takes great pains to conduct background checks on new clients to assure us and the Government Program Managers that the clients that we represent are honest and trust worthy. There have been other clients that we have declined to represent as a result of our due diligence. The reason for our decision is not the lack of careful assessment but to the contrary because we are careful in our assessments.

In this case we were introduced to Mr. Ken Jakubowsky and Pumped Media by Inceptive Solutions Inc. We relied on the good work done by this company to assure us that Pumped Media was a solid company and that it was eligible for government incentive programs. Their assessment indicated that Pumped Media was a going concern and a company eligible for government assistance. Once this company contacted us we found that the owner, Mr. Jakubowsky was a promoter and that many of his representations were not born out in fact. As a result and after many emails and telephone calls we were convinced that his projections, statements and representations were wishful thinking and nothing more that hype. We tested his statements by contacting the companies that he purported to have contracts with and this was not verified.

Maybe he did have contracts with these companies, but we could not confirm that. We also went further to consult with our network of Angel Investor Organizations who we deal with regularly and they replied that the company, the market and the competition and other factors made this project less than likely to attract angel investment through their organizations. We informed Mr. Jakubowsky of this as part of our due diligence. Mr. Jakubowsky in a phone call to me said " he would destroy our firm and my reputation unless I got him the investment capital that he expected". He has used the Ripoff Report to do that. My reputation has been damaged and so has my firm. I am informed that this posting to Ripoff Reports cannot be taken down from the Internet.

And I am informed that the algorithm that Google uses means that this report appears on the first page of my personal and company listings on Google. The damage of course is real and substantial.  As a consequence we have no alternative but to proceed with litigation to claim for damages against Mr. Jakubowsky and Pumped Media. I have been contacted by firms that propose to be able to minimize the damage to my reputation for a large fee to push the entry to a second or third page on the google listing. Even having tried this, the Ripoff Report continues to appear on the first page. This has created a real detriment to me and my business. And I seek redress and damages from Mr. Jakubowsky and Pumped Media for the libel and untrue accusations that he has made.
  
The notion that we have "  I only need to state that I am not the only one he has done this too. False promises and no work or any kind of "diagnostic assessment" has been provided to date." In response to these two insinuations, one we do not have any other clients that feel this way. And two here is a copy of part of our diagnostic assessment sent to Mr. Jakubowsky: "Diagnostic Assessment. We have many emails that contradict what Mr. Jakubowsky has claimed to be the case, and we will rely on this factual information in court.

Here is a copy of one of the emails sent to Mr. Jakubowsky:
"It is the aim of Pumped Media to access government grants in the amount of $30,000 to $50,000 to support phases in its business plan or revised business plan to market its gas station product promotion product in North America. Mr. Ken Jakubowsky asserts that he has a unique solution that is innovative and competitive in the US market. He has asked our firm to identify non repayable grants that support this aim.

Government Grants

We have identified several grant programs that the company can access to meet its goal to market its product in the US market. These are:

Youth Internship Program  -  a program funded by the National Research Council that provides up to $30,000 in grant funds for Pumped Media to hire a graduate from a college or university to enhance the company online presence. An application form is attached. The National Research Council Accelerated Application Process (NRC-ARP) a program that you can apply to for up to $50,000 in grant funding on a cost shared basis to enhance the innovation component of your business solution. The application forms are and description of the process are attached. Your company needs working capital to finance the purchase of terminals. Also the company needs working capital to support receivables that result from sales in the US market. The Export Development Corporation provides buy credit financing that creates the cash flow needed for you to pay for terminals prior to shipment. We recommend that you contact your EDC Regional Office in Calgary to apply for pre-shipment financing. We can prepare the application on a quoted price but recommend that you meet with the Loan Officer and fill in the application forms."

This is an illustration of many emails sent to Mr. Jakubowsky during our engagement. If you need more reminders or our work, then let us know.

Mr. Jakubowsky made a representation that " I am changing hosting providers and doing an upgrade on the website, it has not been suspended.". We have tried to look up the web site that you have posted on Facebook and it states that the account is "suspended". That is a fact and we rely on this statement. His statement that " it has not been suspended." is not congruent with the information that we have. 

The issue is that he has crossed the line of acceptability in business dealings. He has libeled my reputation and that of my firm and that is not to be taken lightly. As stated earlier he has an opportunity to correct this, failing which we will proceed with litigation for redress and damages. I hope that he will treat this seriously. We will.

If anyone else reading this posting has had an adverse relationship with Mr. Jakubowsky or Pumped Media, has lost money by investing in his company or otherwise, please contact me at the coordinates below. I can add you case to our legal file.

Robert ****
CEO
Ryk Oliver Corporation
(((email and phone number redacted)))

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

I agree that I did make a mistake that FB posting and have since filed with the Alberta Securities and dealt with the posting. This does not mean my business is fraudulant nor does it make me fraudulant. If Mr Van Eyk would of provided his services as promised and handled this differently we would not be dealing with this today. I only need to state that I am not the only one he has done this too. False promises and no work or any kind of "diagnostic assessment" has been provided to date. I also see I was correct in assuming this post was by Mr. Van Eyk. I am changing hosting providers and doing an upgrade on the website, it has not been suspended.

Feel free to contact me.

ken@pumpedmediainc.com

On May 17, 2012 we posted a Ripoff Report dealing with Ken Jakubowsky and Pumped Media Inc. We stand by our statements regarding the misleading promotion activities by the owner of this company. We have been careful to not libel him in any way. However, after reading the rebuttal Mr. Jakubowsky posted on November 14, 2012 I have set up an appointment with our lawyer in Calgary to initiate a libel action against him and his company. We seek a redress of his libelous statements, a full apology, and if warranted financial compensation for damages. 

We are prepared to settle this action before it goes to court provided that Mr. Jakubowsky prepares a written apology to me and Ryk Oliver Corporation for the libel he has written in the Ripoff Report and that he takes steps immediately to remove the reports that he has posted on the Internet. 

In law, libel is a serious matter and damages sought will be substantial. In law, I am told, the onus is on Mr. Jakubowsky to prove that I am "a drunk, con artist, washed up wannabe that is desperate to try and repair his good reputation". I agree that he has damaged my good name and the reputation of my company. I am offended by this malice and harm to my reputation. I will not stop to protect it. And if this is not remedied right away will be a cause for legal action. 

Our staff is diligent in their assessment of new clients, to ensure that what they represent is based in fact. Our diagnostic assessment indicted a gap between information represented by Pumped Media and what we found to be the case. We do not get into a projects which deal with offering of securities to the public. Our contracts specifically state that we do not get involved with stock promotion to the public. we are transparent by informing him that our firm or staff are not licensed to do so and even if we were, we would not be a party to a public offering that Mr. Jakubowsky was pressuring us to be involved with. Below you will read the public offering that Pumped Media posted on its Facebook site and we state that we had no involvement with the posting. 

Our firm deals with government relations, government incentive grants and loans. Our firm has completed many projects since its inception in 1990. We have quite a bit of information on our web site and other postings on the web that show our reputation and results. We stand by our work and our strict policy of verifying all information about a client. If that information lacks veracity, we inform the client of this and when needed terminate the contract. In our case we conducted a detailed diagnostic assessment of the financial and management of Pumped Media. We did a background check regarding the statements, forecasts and other information provided to us by Pumped Media. We found that there were serious differences between what was represented and what was actually the case. This led us to terminate the contract with Pumped Media. And we believe that he has set out to defame my reputation and that of our firm as a result.

We are bound by a non-disclosure agreement which we intend to honor to the letter, we have not disclosed any specific items dealing with the information provided by Mr. Jakubowsky that is not in the public domain.  However we are free to share information that he made public on Facebook and on his web site.

On February 24th, 2012 we found a posting on the Pumped Media Facebook page that looked like an offering to the public not covered by an exemption to the Alberta Securities Commission rules for stock offerings. We did not see a prospectus, offering memorandum or audited financial statements. 

The post read as follows:

PUMPED MEDIA INC

Copied from a shared link on Facebook, dated February 24, 2012
Link:  https://www.facebook.com/pages/Pumped-Media-Inc/119139911459706

This information is copied from the Facebook Page posted by Pumped Media Inc.

Pumped Media Inc, is now offering investment opportunities as common shares! Minimum offering is $4000 and we are selling up to 1 Million shares at $.70 a share. Our projections show
that these shares could be offered again at 1.40 within the a year! Good time to get in! 

Highlights of Pumped Media Inc: 

1) 2 yr of Research and Development of PumpedTV prototype
2) Landed Coop contract Aug 2010
3) Incorporated Oct 2010
4) First network of its kind in Canada-May 2011
5) Other gas stations interested early 2010-Centex, Safeway, Gas King, Fas Gas, Parkland Industries,
6) Formed Video production department with Comtv
7) Formed partnership with Chat TV as a media
supplier
8) Established multiple media buyer and ad agency contacts/relationships
9) Over 500 US gas station partners established across all US demographics
10) Formed strategic partnerships with TextMeNow, Proximus Mobility and Infonet
11) Completed all marketing materials including:
business plan, strategic plan, investors presentations and materials ,website, social media sites, brochures, flyers, logo, etc. 
12) Application of CEO, Ken Jakubowsky, to audition for TV show Dragons Den (pending)

Pumped Media Inc is a high-end, high-tech broadcast advertising network, with a reputation of integrity, quality and excellence in the Digital Out-of-Home (DOOH) industry. Our goal is to create a national outdoor TV network based at fuel stations. More simply, picture TVs on top of gas pumps! PumpedTV built by Pumped Media Inc is a unique digital media platform that engages consumers during the dwell time spent while filling their vehicle with gas. 

The company will be an industry leader utilizing strategic partnerships that have been created and will succeed because of its strong management team and experience. There has been tremendous growth in the digital out-of-home industry in the past 4 years and the market is primed for our service. If you would like to speak with me about our management team, strategic partnerships, our competitive advantage and marketing plan, I would happy to discuss them with you anytime in person or by phone. 

We anticipate the annual return for our investors will exceed 15%. Our possible exit strategies can include the sale or merger of Pumped Media Inc, a Management Buyout, an IPO or a Private Placement. 

Thank you for your consideration and interest in Pumped Media Inc. Please contact me with any questions you have, and I will be pleased to provide any additional information you require. 

If, upon completing your review, you would like to discuss this matter further, please do not hesitate to contact me, by telephone at 403-866-7202 or by email at investors@pumpedmediainc.com.
Yours truly
Ken Jakubowsky
Pumped Media Inc
CEO / Founder
www.pumpedmediainc.com

Pumped Media removed the posting from its Facebook page. On August 23rd, 2012 Pumped Media posted a new item, " We are going to start promoting this page again...so please like! Stay tuned for updates and interesting facts from Pumped Media". We looked for www.pumpedmediainc.com web page but read, " Account suspended. Please contact the service provider for details".

It is our position that we were justified in terminating our contract with Pumped Media. If you would like further information then please contact
Robert van Eyk
CEO
Ryk Oliver Corporation
bobvaneyk@gmail.com
Cell 613-723-2816

The information posted here is from Rovert ****, a proferssional con-artist whom is trying to ruin my business and reputation. My report on him can be found here on Rip Off Report. Search Ryk **** or Robert ****. He is the only person whom I have had ill dealings with and the only person whom has the details of my project as worded in this compaint. He is a lunatic, why would he use profanity in his complaint if he was not! Not reallt the mark a real professional like he claims. My business Pumped Media, has been successful in Medicine Hat, AB and we have many happy customers.

I would be happy to give references and proof that we are expanding to other markets and have the connections I stated. I do not want to post my project contacts and details here, but anyone wanting proof of the validity and connections on business can simply just call me, sign an NDA and I would be happy to share my story with you. Many succesful entrepeneurs work from or have a home office as I do, and there is simply no truth the what this complaint says.

It is only the ill attempt of a con-artist drunk, a washed up wannabe that is deperate to try and repair his poor reputaion.  The supposed check on me and my business was never done in depth and I was never asked to provide my contacts nor provide proof of the validity of my project. There are many others whom have shared the same results from this person, so I am not alone in this scam, I simply am the first person the complain publically and try to bring some end to this scam artist. Please contact me if you are reading this, I would be happy to answer questions and provide proof that I am not a "fraud artist".