NOVA SPIVACK PUBLICLY APOLOGIZES: after subjecting me for years to the most reprehensible conduct, in concert with Steve Hall, Paul Allen, Vulcan Capital, and Ross Levinsohn. Finally someone comes clean and tells the truth. I hope Nova experiences a new beginning himself, and success.

This is the 2009 timeline..didn’t happen of course…

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‘JUSTICE IS THE PUBLIC FACE OF LOVE’  Cornell West

No one who has attempted to publish the Bible in a new way has been free from serious, life threatening, persecution.  We are blessed to have thousands, even millions, of friends, throughout the world, many of whom have been praying for us. Groups of thousands of intercessors have convened at different times over the past four years and asked God to intervene on our behalf, to foil and expose all wickedness, and pray for those who have so spitefully used and abused us.

It was Mr. Hall that directed Nova Spivack to use my investment for other than what it was agreed upon, we have the e-mails. It was Mr. Hall that boasted in his deposition that you have never said ‘no’ to him.

Mr. Hall and Mr. Levinsohn, you make Nova Spivack seem positively angelic compared to you both.

Mr. Levinsohn, if you are going to play politics, you’re never going to win playing with third string players, you knew that, right?

It’s because I’m a woman, isn’t it? It’s an automatic reflex to put women in their ‘place’.  And that I was born into such an enviable position?  I’m a chip off the old block fellas.

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Worddiamonds Truth Film

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To convert my investment required $4m of new monies- here is a smoking gun,

among others, describing Steve Hall and Ross Levinsohn colluding on fraud, and

converting me at $1m.

The ‘risk’ they refer to, is that they are defrauding me,

and may, or may not get away with it, but, no matter,

they will deal with whatever comes up..

Coming up..full expose’ of Silicon Valley’s ‘mafia…?

But it’s such a boring predictable group-

  ~   ‘the banality of evil’  ~

WOE UNTO YOU, SCRIBES AND PHARISEES, HYPOCRITES!

FOR YOU DEVOUR WIDOWS

HOUSES, AND FOR A PRETENCE MAKE LONG PRAYER:

THEREFORE YOU SHALL RECEIVE

THE GREATER DAMNATION.

Matthew 23:14

~

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So, is the message I am getting, that what an idiot I am to think the law is protection for the more vulnerable among us who are so often taken advantage of? That judges are to halt the unscrupulous is a fairy tale that everyone knows doesn’t happen? That you have to cheat and bully and lie to to make your way in this world, that you must be callous and disregarding of anyone’s rights or interests except your own? Is that the message these men are sending to others? I get only anonymous comments on the blog: people are scared of these guys.

I feel like I’m drilling through a concrete of corruption I had no idea was so wide and deep; apparently I still haven’t come to the end of it. Continuing these machinations only provides even more evidence of how they consider themselves above the law, and a law unto themselves, answerable to no one.

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~Do you think I cannot now appeal to my Father, and He will at once send me more than twelve legions of angels? Matt. 26:53

Last week we were offered a settlement by Evri, the company which absorbed Radar Networks, apart from the other defendants. As soon as the other defendants heard of the offer made apart from them, as the largest investors, they shut down the Evri Company. This happened last Friday.

Vulcan Capital is the main investor of Evri, and has to date invested more than $65,000,000 in Evri.

Yesterday we indicated we were inclined to let the powers that be call the shots to get this over with. It seems in response to this, we received an offer from the other defendants- this morning- the exact same offer and amount as came from the Evri Company last week, and the reason for which they shut the Evri Company down.. A fraction of the amount stolen and destroyed.

Also, the powers that be, have other powers that be, over them. It goes very high up, or, very low down, depending on your perspective.

When Radar Networks collapsed, Nova Spivack publicly blamed myself and Worddiamonds for its failure. Of the e-mails turned over in discovery, we found he said things to others about me personally that I have never heard being said about another human being, until I found it in the Bible being said about Christ. (?!)

The question for Nova, who always said he needed more money, no matter how much had been invested, is, where did all the money go? My theory is that its somewhere in Indonesia being used to build a resort.

Mr. Spivack directed his underlings to erase all his computer records immediately. We never received an accounting for our investment until 2 years after Radar was ‘sold’ to ‘Evri’.

Mr. Spivack still remains answerable, because money has disappeared, lies have been told;  it is a tangled web indeed, by those who would deceive. Certainly all blame can be laid at Mr. Spivack’s feet, had not the others involved in this fraud behaved even more badly, with more deliberate cruelty and ‘malice with oppression’ as it’s called legally.

As the lead investor for Radar (and Evri), for Mr. Hall to assure me he would help with any advice concerning my investment in Radar, the very same day he had fraudulently converted my investment in Radar into equity,  which he then shut down [Radar] and absorbed into Evri, another company Vulcan was the lead investor in under his direction, is to illustrate the kind of shell game, pure and simple, that continues to this day.

Peter Rip, a fellow investor, behaved so honorably, and with kindness and compassion, I will never forget his reaching out and connecting me with those who steadied me during this horrendous experience. His death certainly leaves a void in the community. Are there any others like him left? Men of their word, gentlemen, with some kind of ethical standards?

Will no one else step forward and stop this sham? Others know some of what has been going on, but only have a limited view. Justice doesn’t seem to be a priority in this neck of the woods. Is it no longer the United States of America in Silicon Valley? Do our nations laws, and principals, have no bearing?

There is going to be an Edward R. Murrow that will one day cry out, ‘Have you no decency sir, at long last?’ Because I’m not the only one this is happening to, or, has had this happen to them, by these same players.

Today is the day of salvation. Confess. Let this end peaceably.

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“He that loveth not knoweth not God; for God is love”. 1John 4:8

The Word of God is always sown with blood.

“Do you think I cannot now appeal to my Father, and He will at once

send me more than twelve legions of angels?”

Matt. 26:53

~

“Except a corn of wheat fall into the ground and die, it abides alone: but if it die, it bringeth forth much fruit”

John 12:24

~

“Truth forever on the scaffold, Wrong forever on the throne, – 

Yet that scaffold sways the future, and, behind the dim unknown, – 

Standeth God within the shadow, keeping watch above his own — “

             from  poem The Present Crisis by James Russell Lowell

~

Paul Allen, Steve Hall, Ross Levinsohn will do anything to avoid a public trial.

~

‘THE TROUBLE WITH LYING AND DECEIVING IS THAT THEIR EFFECIENCY DEPENDS ENTIRELY UPON A CLEAR NOTION OF THE TRUTH THAT THE LIAR AND DECEIVER WISHES TO HIDE”  Hannah Arendt

~

 We are demanding a public trial. All their efforts are to bury this and not have their actions exposed.

~

NEW TRIAL DATE, APRIL 22, 2013

~

If you have nothing for which you are willing to die,

you will have nothing for which it is worthwhile to live.

~

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Quoting Richard Oldenburg, of the Museum of Modern Art in New York,

 in the catalogue of my Dad, William S. Paley’s, collection of paintings, about working with Dad.

“His advice was always an implicit reminder that institutions, like individuals, must have a strict sense of honor.“

 ~

Picasso

 Mr. Allen, ‘substantial’ would be the value of my Dad’s paintings on view at the De Young in San Francisco, wouldn’t you say? Just so we’re clear on the terms. For a man worth $14 billion dollars who is not afraid to boast about it, and goes out of his way to show off his knickknacks, I’m sure you can agree that that would be a ‘substantial’ amount.  In that case, we do have a deal.

The trial should be very interesting if it goes forward. All of you have demonstrated, as you have just kept trying to strong arm Kate Paley unrelentingly for going on 5 years, expressing your contempt, exceptionably notable in the 3 days of grueling deposition you put her through, that you go through life without a thought or care for anybody but yourselves, and that you truly believe no one has any worth or value except yourselves. Its been quite remarkable to witness this up close and personal as it were. To be the direct recipient, etc. Who would have thunk it?

~

Fontain De La Tour

~

“And he spake a parable unto them, saying,

the ground of a certain rich man brought forth

plentifully; and he thought within himself, saying,

.

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Despite the efforts of Paul Allen’s Vulcan Capital and Ross Levinsohn, most recently of Yahoo’s, efforts to enforce a bankruptcy of a company they own, Radar Networks, and have absorbed into another company, Evri, which they also own, it seems their efforts have only delayed the inevitable. We are awaiting the new trial date. Despite all the defendants considerable attempts to pressure the trustee of the bankruptcy they claim, and their efforts to assert they have the larger claim on the bankruptcy even though they own the company and are far from bankrupt, yet again their schemes are becoming clearer and clearer to all who have been involved in this case.

The years they have stolen, their insistence in accomplishing their fraud despite all evidence exposing their machinations of self serving greed, dishonesty, bullying, and oppression with malice, these men consider themselves a law unto themselves. They have mocked Kate Paley, and her company Worddiamonds LLC, taken hostage her website, ripped it apart to destroy all functionality ‘so [she] would throw more money at it’ [Nova Spivack], unapologetically and unrelentingly. But the scorn they express towards the law and our legal system is growing into its own monument of their attitudes towards the rights of others. Its men like this that erode the common good, that disdain the common man, that destroy the fabric of trust necessary for economic growth and health.

The United States has plenty of enemies around the world. These men, and others like them, are the enemy within.

As of March 2012, Paul Allen’s net worth was approximately 14 billion dollars. The 1% of the 1%. Here you have a problem.

Paul Allen’s yachts Octopus and Tatoosh and his private island and one of many homes, this on Mercer Island- the biggest hoarder in America? How much is enough? Yeah we know, just a little bit more. Shame on you. Call off your dogs Mr. Allen, and face the music.

God loves you. We forgive you. Turn from your sins, and live. In the name of Jesus Christ, be healed! Amen.

will i.p address 176.9.122.104 please discontinue  the thousands of of spam comments and get a life? Thank you.

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There are more exhibits still under seal in which Steve Hall takes us

to task for implying he is not a man of his word, which we never

implied. However, it turns out otherwise. The fraudulent conveyance

was completed September 15 we later found out, just before this

correspondence was taking place.

All financials that as an investor we of course are entitled to see, were kept from us until after the trial was scheduled to begin, five months ago, when Mr. Hall and Mr. Levinsohn declared bankruptcy for the company they themselves own in order to stop the trial from going forward.

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Mr. Hall, whose jujitsu legal tactics continue to manufacture, out of whole cloth, scenarios to obscure his fraudulent scheme to defraud Kate Paley and Worddiamonds, now wants to teach us how to proceed- not in truth, but in tactics?

According to the perverse logic he employed in declaring Radar Networks bankrupt the day before a trial that was scheduled for 2 years to begin? Mr. Hall do you think this is a chess game? You own Radar Networks, and, you are not bankrupt, nor is Vulcan Capital or your boss Paul Allen. Don’t you have any shame?

It seems you are all so accustomed to such a cesspool of murkiness and half truths you really don’t see that Worddiamonds itself is based on the Bible, and the American legal system is also based on the  Bible, and that the full light of day and truth is shining on us.

The anger of the defendants attorneys is a wonder to behold- they are furious not to be getting away with legally twisting the truth, tactics that are second nature to them it seems.

Law360-  Calif. Judge OKs Deal Lifting Stay On Radar Fraud Suit 

A California federal judge on Friday agreed to approve a deal reached by the trustee overseeing Radar Networks Inc.’s bankruptcy proceedings that will allow a Radar investor’s fraud suit against former Yahoo Inc. CEO Ross Levinsohn and Vulcan Capital managing partner Steve Hall to go forward.

Attorneys for Kate Paley, a Radar investor who had been engaged in litigation with the company over the alleged fraudulent $3 million transfer before its bankruptcy, said Friday that U.S. District Judge Thomas E. Carlson accepted from the bench their motion to approve a deal that calls for Paley to fund the suit and turn over any money she makes to the trustee with the possibility of reimbursement.

The decision will allow the San Mateo Superior Court to lift its stay on Paley’s trial with Levinsohn, a Radar director who was Yahoo’s interim CEO until his replacement in July, and other Radar insiders who allegedly diverted money she lent to the company to another entity.

“Defendants invoked the bankruptcy stay as a delay tactic the night before trial was originally to begin, and today’s ruling ends more than five months of continued obstruction of the judicial process,” Doug Colt, an attorney for Paley, told Law360 Friday. “Ms. Paley looks forward to her day in court and is eager to resume trial of her fraud claims.”

Paley, the daughter of late CBS Corp. CEO William Paley, filed a complaint against Levinsohn, Hall, Radar founder Nova Spivack and third party company Evri Inc. in May 2010, alleging fraud, fraudulent conveyance, breach of contract and unfair competition.

The Radar “insiders” allegedly took a $3 million loan Paley had made to the company and improperly transferred it without authorization to Evri, a Vulcan Capital affiliate, which eventually bought Radar. Trial was scheduled to begin Feb. 27, but on that day the defendants stayed the action in state court pending Radar’s bankruptcy petition.

Paley argued in a motion to dismiss the Chapter 7 case that it was essentially a two-party dispute between her and the insiders, and that the bankruptcy was being used to thwart her prosecution of the state court action because the trustee did not have the funds to prosecute the Uniform Fraudulent Transfer Act claims.

The trustee reached an agreement with Paley in July, under which Paley would fund prosecution of the UFTA claims, choose the attorneys that prosecute the case, turn over any recovery to the trustee and subject any proposed settlement to the bankruptcy court.

Vulcan Capital’s Steve Hall objected to the agreement as “procedurally flawed” and argued that it would not be beneficial to the fair resolution of Radar’s bankruptcy proceedings.

He also claimed it would result in a conflict of interest for her counsel for ostensibly proposing to represent the debtor’s estate on the UFTA claims while simultaneously suing the debtor, but Judge Carlson deemed the stipulation appropriate.

Counsel for the defendants did not immediately respond to requests for comment Friday.

Paley is represented by Colt Wallerstin LLP and Goldberg Stinnett Davis & Linchey PC.

The trustee is represented by Michael A. Issacs of McKenna Long & Aldridge LLP.

Levinsohn is represented by O’Melveny & Myers LLP. Spivack is represented by Jonathan M. Reymann. Radar is represented by Murray & Murray PC. Evri is represented by Savitt Bruce & Willey LLP.

Paley’s fraud action is Paley v. Radar Networks Inc. et al., case number CIV-494701, in the Superior Court of the State of California, County of Mateo.

The case is In re: Radar Networks Inc., case number 11-bk-33990, in the U.S. District Court for the Northern District of California.

–Additional reporting by Richard Vanderford. Editing by Richard McVay.

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[Note: to trigger a conversion, $4m of new capital was needed- however here, Steve Hall is testifying that he

and Ross Levinsohn “to the nickel” put up equal parts of only one million dollars.   This in fact is not enough

to trigger a conversion, which the judge has ruled was not ambiguous. Only a new $4million dollars could trigger

a conversion.The judge has ruled that the conversion at $1 million dollars  that Mr. Levinsohn and Mr. Hall

orchestrated was improper, and at the root of the fraud perpetrated. Because of the judge’s ruling, the defendants

filed a bogus bankruptcy of Radar, literally on the eve before the trial that had been scheduled for over 2 years was

to begin to stop the trial from going forward. This same kind of bogus legal maneuvering is of a piece with the

improper, faudulent conveyance].

More to follow…

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“There is no real development without integrity, that is- a love of truth.” Frank Lloyd Wright

RADAR NETWORKS, INC., Debtor. Case No. 11-33990 Chapter 7 Date: Time: Place: Judge: June 8, 2012 9:30 a.m. Courtroom 23 235 Pine Street, 23rd Floor San Francisco, CA Hon. Thomas E. Carlson DECLARATION OF EVAN MANDEL IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO DISMISS I, Evan Mandel, declare:

1. I am an attorney licensed to practice law in the State of New York, and am a principal of the law firm of Mandel Bhandari LLP, counsel for Kate Paley (“Paley”), a creditor herein, in connection with her lawsuit pending in the San Mateo County Superior Court, San Mateo County Superior Court, Case N. CIV 494701 (the “State Court Action”) against Radar Networks, the debtor herein (“Radar” or the “Debtor”), its directors, Ross Levinsohn, Steve Hall, and Noah Spivack (“Insiders” or “Defendants”), and Evri, Inc. (“Evri”) for fraud, fraudulent conveyance, breach of contract, breach of fiduciary duty, declaratory judgment, conversion and constructive trust. In such capacity, I am personally familiar with each of the facts stated herein, to which I could competently testify if called upon to do so in a court of law.

2. In connection with the State Court Action, the following facts and evidence were obtained in the course of discovery: a. Paley’s $3 million loan, plus interest, was payable on demand by Paley any time on or after September 30, 2009, unless new funding of $4 million was received by the Debtor, in which case the note would be automatically converted. See, Exhibit C to Declaration of Noah Spivack filed in support of the Debtor’s Opposition (“Spivack Decl.”).

As of September 30, 2009, Radar had at least $1,002,557 cash on hand and an estimated value of $20,000,000. See Exhibit A (Financial Statement Compilation for the Nine Months Ended September 30, 2009). b. On June 25, 2009, Spivack wrote to Levinsohn explaining that “we need a minimum of 4M of new money,” which would result in “$3M from Kate [and] $4M+ from others.” See Exhibit B (June 25, 2009 email). The next day, Spivack explained further: “One wrinkle is that Kate’s note is due on 9/30/09. On that date, if she has not converted yet, she can request repayment. That would of course be bad. So we actually should convert her.” See Exhibit C (June 26, 2009 email). c. For several weeks, Hall tried to convince Paley to voluntarily relinquish her right to get repaid on September 30, however, she refused. Radar sent Paley a document purporting to be a release and an extension of the maturity date of her loan, however, Paley did not sign it.

d. On September 15, 2009, Levinsohn’s company, Fuse, and Hall’s company, Vulcan,[each investing exactly half of] $842,192.42 and the Directors purported to convert Paley’s $3 million loan to equity. The State Court found that the conversion was improper.

e. On September 15, 2009, before she knew about the conversion, Paley wrote to Hall, whom she thought she could trust. She implored him to help her work things out with her investment and Word Diamonds. Paley asked Hall to help her communicate with Radar because “I do need to see [Radar’s Financials] as an investor and also regarding the handling of my second 3m investment as regards the Twine [] agreement.” Insidiously, the next day, Hall replied, “I am sure it is an oversight and something the company can rectify immediately.” See Exhibit D (September 15, 2009 email).

Hall did not tell Paley that he had just implemented the scheme to convert Paley’s $3 million loan to equity. See Exhibit E (September 17, 2009 response from Hall).

f. In March 2010, all of the Debtor’s assets were sold to Evri for approximately $1,125,000 in cash, plus shares in Evri representing a 3% – 5% stake in Evri. The sale to Evri was made despite a February 2010 offer by Intellectual Ventures to pay $2.75 million for Radar’s patents alone, plus a non-exclusive license to Radar to use the patents. g. On July 26, 2009, Hall introduced Radar’s CEO Spivack to Evri CEO Hunsinger, and Spivack immediately recognized the introduction for what it was: “I bet Steve Hall is plotting to acquire our assets at firesale price into Evri.” See Exhibit F. And that is precisely what Hall was plotting, and it is exactly what he did.

Hall used confidential information about Radar’s business that he acquired as director and fiduciary of Radar to assist Evri in acquiring Radar’s assets at a price that was far below their fair market value. Spivack valued Radar’s assets as being “worth more than $20 million” in November 2009. See Exhibit G. h. In March 2010, Radar’s assets were sold to Evri for $1,125,000 in cash and 1,746,016 in Evri restricted shares. Depending on the valuation of Evri’s restricted shares, Evri was able to purchase substantially all of Radar’s assets for approximately $1,125,000.1

i. In seeking approval from the Evri Board of Directors to enter into negotiations to purchase Radar’s assets, Hunsinger explained that Hall had provided his insider’s perspective: Working closely with Steve H to come to this conclusion, I strongly believe that Evri has an opportunity to acquire valuable assets and talent from Radar Networks on very attractive terms. . . . Given the target companies[‘] situation, Evri has significant leverage and we are uniquely positioned to execute a clean, pure equity deal obtaining significant option value on assets for a relatively low price.”

1 Defendant Levinsohn claims that his investment fund is “carrying [the Evri shares] at zero” but “to this day, it’s unclear what the total amount of consideration [Levinsohn’s investment fund] received as part of the purchase agreement for Radar’s assets is.” Exhibit Y (Levinsohn Deposition Transcript, 259:2-17.) .

Exhibit H. Hall also provided Hunsinger with Radar’s confidential information as to whether Evri could poach Radar engineers. Exhibit I. j. Obtaining Radar’s assets at a firesale price was not Hall’s only motive for wanting to drive Radar out of business. The Vulcan entity that had invested in Radar, Vulcan II, had realized a significant amount of taxable income, and Radar’s bankruptcy would permit Vulcan II to realize a total tax loss of its Radar investment. See Exhibit J (“[F]or months [Hall] has been saying Vulcan could use the write off, and now he’s happy to have the company shut down and take the write-off.”)) k. Indeed, in numerous private communications, Spivack and his COO accused Hall of (1) “letting [Radar] fall apart” so that Vulcan (or Evri) could “tak[e] over the assets” (Exhibit K); (2) having a plan to facilitate Evri’s acquisition of Radar at a “firesale price” (Exhibit L); (3) wanting to “drive [Radar] into bankruptcy and take our assets” (Exhibit M); (4) intentionally “starv[ing] [Radar], forc[ing] layoffs, and then corner[ing] us and forc[ing] a sale to Evri” (Exhibit M); and (5) Hall “wants us to fails so that Evri can get us in a wind down” (Exhibit N).

l. The sale to Evri enabled Hall to increase his ownership interest in Radar’s assets, obtain a tax advantage and reputational benefits.

In 2006, Vulcan made its first investment in Radar. Hall holds a carried interest in the Vulcan investment fund that owned an equity position in Radar and a contractual right to receive profits generated by the fund. At the time of the transfer of Radar’s assets to Evri, Evri was, and still is, in effect a subsidiary of Vulcan. Vulcan has invested at least $36 million in Evri. Vulcan owns more than 90% of the issued and outstanding capital stock of Evri and Paul Allen controls Vulcan.

In deposition, Hall freely acknowledged that Vulcan controlled Evri. Hall has personally invested in the Vulcan entity that manages Evri. (Exhibit O) (Vulcan Capital Venture Capital II LLC (“Venture II”) owns Evri; Venture II is managed by Vulcan Capital Venture Capital Management II LLC (“Management II”)). Hall has invested money in Management II. m. Hall received substantial benefits from Radar’s sale of its assets to Evri. As a director and indirect owner of Evri, as a result of the asset sale, Hall obtained control of all of  Radar’s assets and a greater ownership interest in such assets through his interest in Evri.

Hall also received a major tax advantage from the asset sale: the Vulcan fund that owned Radar had realized approximately $85 million in taxable income as a result of at least one extremely successful investment; the dissolution of Radar that followed the asset sale allowed Vulcan to realize the tax loss that it suffered in its Radar investment; and that loss became a valuable deduction for the owners of the Vulcan fund that owned Radar. (Exhibit O) (Hall Dep. at 258:2-259:25.)

In fact, Hall repeatedly told Spivack and other Radar personnel that he wanted Radar to go bankrupt so that he and Vulcan could obtain the associated tax benefits. (Exhibit J). n. Radar’s assets were worth significantly more than $1.125 million, based on the February 2010 offer from Intellectual Ventures to pay $2.75 million for Radar’s patents, Spivack’s valuation of Radar at approximately $45 million to $50 million as of the fall of 2009 (Exhibit P); and Exhibit Q (“45M+ is reasonable”), and Vulcan’s willingness to pay more for Radar’s assets

(Exhibit R) (Hall email to Paul Allen, the head of Vulcan that, at the time of the Intellectual Ventures offer, Vulcan was willing to pay more: “So we are in the middle of playing some hardball maneuvering to get this over the goal line without having to pay any more money for it.”); and Radar’s potential claim against Evri for violating Radar’s patents (Exhibit S (“[T]here is a potential lawsuit here. A big one, I think.”), (“They are violating many of our patents.”).)

o. Levinsohn’s sworn testimony in the State Court litigation is that anything that benefited Fuse’s ComVentures VI fund also benefited him personally. Also, Levinson’s “personal money” was at stake “in our fund,” i.e. ComVentures VI. p. ComVentures loaned Radar $271,000 on November 30, 2009 and was one of Radar’s unsecured creditors. The Levinsohn Fund was also promised additional shares in Evri several months after the transaction for Radar’s assets closed.

Indeed, The Levinsohn Fund received 381,595 “excess shares” of Evri’s common stock from the Asset Sale in June 2010, and 571,770 shares of Evri common stock in June 2011. Exhibit T (Corrected Levinsohn Decl. ¶31.)

This additional payment to Levinsohn’s investment fund was not disclosed in the March 2010 Asset Purchase Agreement.

Levinsohn also received a reputational benefit by orchestrating a pay-out to his investment fund and achieving a “soft landing” for his investment. Levinsohn was responsible for the loan being made and, as a result, was “out on a limb with [his] firm.” Exhibit U.

q. As for Spivack, he knew that unless Radar commanded a sale price in excess of $63 million, he and his management team would not be able to cash in their shares at all. See Exhibit V (“The preferred shareholders have up to $63 mm of liquidation preferences from the A and B rounds in place.”) In that same email, Spivack explains that even if the sale price to Microsoft (rather than Evri) is somewhere in the range of $40 million, unless the deal comes with a “management carve out” he and the other common stock holders will “get[] nothing.”

Faced with the prospect of Radar’s investors making millions of dollars on their investments with Spivack “getting nothing” or Spivack making some money and the investors getting nothing, Spivack chose the latter option.

In negotiations with Evri, Spivack’s primary concern was not maximizing shareholder value – it was fluffing his own golden parachute. In a November 4, 2009 email, Spivack told Hall that the main financial goal for “other investors” is to offer them just enough value to “get their votes and avoid liability issues.” But for himself, he was very specific: (i) a salary of $250,000; (ii) a six month severance package; (iii) 10% of equity in Evri with “some of it already vested at signing”; (iv) if less equity, then a higher salary; (v) a seat on the Evri board; and (vi) “to be able to monetize some of my Radar equity now, at the time of sale, to cash.” When Evri closed the deal, it offered him a salary of approximately $250,000/year, Spivack served as a consultant for approximately six months, and he was given a substantial amount of equity in Evri. Spivack believed this was payment for “keeping my mouth shut about what they did to us.” Exhibit W. The deal also included a payment to Lucid Ventures, Inc., which is an investment vehicle owned and operated by Nova Spivack. I declare under penalty of perjury that the foregoing is true and correct, and that this declaration was executed on June 1, 2012 at New York, New York. _________________________________ Evan Mandel -7- Case: 11-33990 Doc# 30-2 Filed: 06/01/12 Entered: 06/01/12 16:04:03 Page 7 of 10777/MANDEL AFF. V.5 7

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Discussing conversion, and the minimum needed, 4m, yet in court insisting only 1m was needed. More to follow-

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 ~

 ~   Before the end of WORLD WAR ll, no one knew who the good guys really were. Nobody today considers the French having to recover from the trauma of being occupied by the Nazis, being sliced and diced into resistance, collaborators, spies, double agents, etc. Would the Nazi’s now be considered the good guys if they had won? We’d sure have to say so in public if we wanted to live.

So now, let’s be real- everyone is watching the economy poised to collapse, and witnessing the bad guys scramble by whatever means possible to fill their coffers to be able to survive economic Armageddon. Fraud has been on the rise, and a lot of bad guys are really thriving now. But we still have to keep our eyes on the ball- every generation faces a choice to be made without knowing how things will turn out beforehand.

Did those who denounced friends during the McCarthy hearings believe they were doing the right thing? Weren’t Nazi collaborators merely hedging their bets? The equivalent of modern day hedge funds? I’m just asking.

Is there anywhere an agreed upon code of conduct that transcends national interests, so that we could make informed decisions on whether what we were doing was right or wrong? I know the 10 Commandments are banned from schools as if they were pornographic materials. That’s sort of illogical. In the Bible it does say there will come a time when what is bad will be called good, and what is good will be called bad. Are we there yet?

~

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Well, my Dad did have a very successful start up back in the day. At the time, no one really understood what ‘television’ was.  Sixty years later the internet has defined it, only when the full arc of television is complete- and with CBS, that was then, the internet, this is now. Its a new era, but the same things that made for success then, make for success now, even though we’re still figuring out the ramifications of this new media and how it will ultimately play out.

Excellence. Integrity. Truth. Responsibility. Love of Country.

Dad had to be clean as a whistle.  Having been part of World War II in London and Paris, and there on the day they liberated Buchenwald, he also saw the full horrors of one of the major Nazi concentration camps. He was friend and boss of the great journalist Edward R. Morrow, when the love was bold and strong for the United States of America. We had come in and rescued the world, and the pride in the freedoms we fought and died for was cresting. Everyone felt a responsibility for doing the best they could. Dad felt a tremendous responsibility to his country, the USA, and the airwaves.

To compare those days to what is happening in Silicon Valley, its pretty tragic. Except, from afar, for Steve Jobs. The love, the thrill you felt he had for developing Apple products- we don’t know how blessed we are yet. He got it. Lets set a high standard. Let’s inspire. That was Dad and ‘the Tiffany network’. Excellence, in integrity, in quality, in design,in entertainment, in the news- being truthful. Those were the days Edward R. Morrow singlehandedly seemed to bring the McCarthy hearings to a hault- “have you no decency, sir, at long last?”  he said to Mr. McCarthy in a live interview. Someone needs to say that to some of Silicon Valley. But its mob rule in there right now. You’d be lynched.

And then there was Walter Cronkite. When Cronkite went to Vietnam and saw the horror of what was going on there- and when Cronkite spoke up on his live evening news broadcast and said outright that the war was wrong- that was the end of that war.

Lyndon Johnson famously said the next day, ‘if  we’ve lost Walter Cronkite, we’ve lost the nation’.

Who has the moral authority to stand up to anything anymore? Everyone has sold out. As I said, the warnings have been loud and clear. If you try to rock our boat….it isn’t said out loud, but you can see them making that gesture, that says, you will die.

Matthew 12:14

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the night before this trial, which has been scheduled for over 2 years, was to begin, the defendants declared bankruptcy in order to stop the trial from going forward. For over 4 years we have been dealing with these spurious legal tactics, originating in the fraud perpetrated against Worddiamonds. They continue their same ‘bad faith’  [intent to decieve] modus operandi. Never straightforward or truthful, here again they attempt to twist the law to suit their own dishonest, dishonorable intention- to deceive quite frankly. Obviously these guys are far from bankrupt!

FOR IMMEDIATE RELEASE: Feb. 25, 2012
Contact: Richard Lavinthal 202-596-1176

Daughter of CBS Founder William S. Paley’s Multi-Million-Dollar
Fraud Allegations Against Three High-Profile Silicon Valley
Venture Capitalists; Evri, Inc.; and Radar Networks, Inc.; To Begin
Monday, February 27th, In San Mateo Superior Court, Judge Rules

Kate Paley’s Fraud Lawsuit Names Steve Hall, a Managing Director
of Paul Allen’s Vulcan Capital, Which Controls Evri; Ross Levinsohn of Fuse
Capital, and Now Yahoo Inc.’s newly named interim CEO,
and Nova Spivack of Lucid Ventures

Superior Court Judge V. Raymond Swope Denied
Summary Judgment Motions by Hall, Levinsohn,
and Vulcan-Owned Evri, on February 23rd

SAN MATEO, CA (February 25, 2012) – In an open-court rarity a California jury will hear a fraud lawsuit against three high-profile Silicon Valley venture capitalists and two entities alleged to have defrauded CBS founder William S. Paley’s daughter, Kate, of her multi-million investment in a start-up.

Steve Hall, of Vulcan Capital (“Vulcan” at www.Vulcan Capital.com); Vulcan-owned Evri, Inc. (“Evri” at www.Evri.com); Ross Levinsohn, of Fuse Capital (http://fusecapital.com/partners/ross-levinsohn) and recently name interim CEO of Yahoo Inc. Nova Spivack of Radar Networks, Inc. (“Radar”); and Radar transferred assets with the intent to defraud Paley of her rights as a creditor, it is alleged.

Misconduct, self-dealing, and fraud allegations previously sealed will be aired publicly in the trial. Jury selection and opening statements will be scheduled at an initial conference with the San Mateo Superior Court trial assignment department on Monday at 9:30 AM.

(More)

On Thursday the court denied motions by Hall, Levinsohn and Evri to dismiss claims that they transferred assets with the actual intent to defraud Paley of her rights as a creditor to Radar, the now-defunct Silicon Valley start-up.

Paley’s Complaint alleges fraud, fraudulent conveyance, breach of contract and other claims related to her investment in Radar, an early-stage tech company focused on semantic search technology.

According to Paley’s lawsuit, the defendants actively conspired to cheat her out of her investment in Radar by (i) unlawfully converting her from a creditor to a shareholder; (ii) selling Radar’s assets for less than fair value to Evri, a business controlled by Vulcan, Microsoft co-founder Paul Allen’s investment vehicle; and (iii) not sharing any of the sale proceeds with Paley, while each of the defendants received substantial benefits.

Hall, a managing director of Vulcan, was on the board of directors of both Radar and Evri at the time that Evri purchased Radar’s assets for less than fair value. Levinsohn’s venture capital firm profited from the sale, as did he, and Spivack also benefitted from the sale of Radar to Evri, it is alleged. Radar had only three directors, Hall, Levinsohn, and Spivack.

In their motions for summary judgment, Evri, Hall, and Levinsohn denied any misconduct, claiming Paley did not even have standing to sue as a creditor, an argument Judge Swope rejected. In his ruling, Judge Swope determined that the relevant contracts were not ambiguous and held that, as a matter of law, the defendants did not have the right to convert Paley’s loan to equity.

“I’m very pleased with the Court’s decision and look forward to presenting my case starting Monday,” Paley said.

Paley is represented by Mandel Bhandari, LLP in New York City; and Colt/Wallerstein LLP in Redwood Shores, California

Case Caption: Kate Paley and Word Diamonds, LLC v. Radar Networks, Inc., Nova Spivack, Steve Hall, Ross Levinsohn, and Evri Inc., Case No. Civ-494701, California Superior Court in and for the County of San Mateo.

# # #

Attention Credentialed Reporters and Editors: If you are unable to retrieve the Complaint or Thursday court ruling online from the clerk’s office please call PRforLAW, LLC at 202-596-1176. Both documents will be posted on the PRforLAW.com homepage by early Sunday.

Contact: Richard Lavinthal 202-596-1176; PRexpert@PRforLAW.com

the night before the trial was to begin, Ross Levinsohn of Yahoo and Paul Allen of Vulcan Capital declared bankruptcy to stop the trial from going forward. Obviously neither of them is bankrupt monetarily, but perhaps in other ways.

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We think the defendants like threatening us, as this is all they have ever done-relentlessly- for over 4 years… we never published these exhibits. We understand the defendants do not want to be exposed in public for their fraudulent conveyance, etc.

The mountain of evidence is sky high. They know what they did. They don’t want you to know.
Sirs to accuse us of publishing any of the exhibits you listed here in yet another threatening demand is really shameless. You need to restore all that you stole and damaged.

There are people throughout the world that do like to read the Bible. And why you consider it all right to destroy our modest effort to publish the Bible in a new way is something that everyone who loves and reads the Bible will be interested in. Worddiamonds is a global website appreciated by people all over the world. Why all of you feel this is of no value speaks to your characters, all of you. Although you have tried to squeeze out all monetary gain from Worddiamonds, and more, you have underestimated the value of the Bible- most of all, you have underestimated God.

Try as you might to bury us, you will never be able to forever. The truth will come out.

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Friends on my behalf immediately contacted Steve Hall of Vulcan Capital on the purported conversion of my investment into stock against my objections, as well as without sending me proper documentation etc. Then when they simply ignored this, we filed the legal complaint. See how shoddy their actions really were from a sharp legal observer intervening on my behalf.

The response from Steve Hall and Vulcan Capital- they could care less. They know perfectly well they are breaking the law, but rely on their billions to simply bully their way through, expressing their disdain and contempt for us and the rights of others. These thuggish tactics are their standard operating procedure.

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http://tech.fortune.cnn.com/2012/11/28/yahoos-mayer-on-god-family-and-yahoo/?hpt=hp_c3

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