Ed Bukstel has a long and colourful history in the over-the-counter market.He was CEO and CFO of a public company called VitaminSpice, trading under the symbol VTMS. He merged into a public shell company called Qualsec. Bukstel was represented in the transaction by New Jersey attorney Wolfgang Heimerl. The lawyer representing the public company was Jehu Hand. All was in order, and Bukstel took over the public company. Bukstel and Hand had a falling out, and various lawsuits ensued in Federal court and Bankruptcy Court. These suits were settled pursuant to a mandatory settlement conference with Judge Strawbridge on May 22, 2013. In the settlement agreement, the parties agreed to a mutual dismissal, to a non-disparagement clause, and Bukstel agreed to issue an 8-K retracting a defamatory press release.
The defamatory press release stated that a judge had concluded that Hand had forged documents. In fact, the judge held that there was no proof of any forgery. Bukstel refused to issue an 8-K as promised, so, the defamation lawsuit against him proceeded and a judgment was entered against him at trial for $74,000. The Court held "The Court finds that the statements contained in the Press Release and the SEC filing as it related to Plaintiff Jehu Hand are false, defamatory and libelous per se. Furthermore, the Court finds that Plaintiff Jehu Hand has been damaged significantly as a result of these false and defamatory written statements."
Hand filed a complaint with the SEC regarding Bukstel's pump and dump of VitaminSpice stock, and as a result, the SEC halted trading in Vitaminspice. The PCAOB sanctioned Bukstel's auditor because after Bukstel filed false financial statements for 2010 (and not the financials the auditor had approved) the auditor did not do anything to correct the situation.
Bukstel has filed a number of frivolous motions with the Federal court in Philadelphia, all of which have been dismissed. He was reprimanded by the Bankruptcy Court for his continual disregard of court orders. And he continues to defame Jehu Hand, notwithstanding his agreement not to do so.
If anyone knows of any assets of Bukstel against which the $74,000 can be collected, it would be appreciated if that information was supplied.
Now, let us look at other news.
COURT RULES BUKSTEL BROTHERS ATTEMPTED TO DEPRESS
AHT CORPORATION’S STOCK THROUGH YAHOO POSTINGS
PRELIMINARY INJUNCTION VACATED
Tarrytown, NY, July 23, 1999 AHT Corporation (Nasdaq: AHTC) announced today that in finding that plaintiffs [Bukstel and Halfpenny, Incorporated and Edward Bukstel and David Bukstel] attempted to depress the stock price of defendant’s stock through their postings and used the [preliminary] injunction to attempt to realize a financial settlement,’ a New York State Supreme Court Justice for the County of Westchester granted AHT’s motion to vacate a preliminary injunction that had been previously granted to Bukstel & Halfpenny, Inc. (B&H). The preliminary injunction was related to the lawsuit brought by B&H that seeks the reversal of AHT’s 1997 acquisition of B&H’s assets, including the Dr. Chart© software.
In his ruling, the Honorable James R. Cowhey, wrote, ‘‘this court vacates the preliminary injunction on May 13, 1999 and finds that the plaintiff was guilty of unclean hands in its application for injunctive relief as plaintiff has engaged in conduct of misrepresentation, misstatements and unreliable information substantially related to the issues in the litigation which seriously impinged upon deceit, unconscionability and bad faith.’ The Judge added, ‘This plaintiff has not been frank and fair with this court and plaintiff failed to put forth all the material facts known to plaintiff to enable this court to give a full and fair determination of the matter in controversy.’
Specifically, Judge Cowhey found that B&H’s ‘Chairman and President, Edward Bukstel, and brother as well as fellow officer of plaintiff, David Bukstel, as well as other family members, purchased thousands of shares of defendant’s stock. Also during this time [through May 1999] Edward Bukstel and David Bukstel sold shares of defendant’s stock at a profit. Thus, plaintiffs’ action by its chief corporate officers were in direct contradiction to what plaintiff was claiming in its papers to the court. Plaintiff admitted in testimony that AH[T] stock was ‘good value’ contrary to its claim in its papers.’
Additionally, the Judge wrote, ‘Plaintiff failed to disclose that during the time complained of, commencing on July 6, 1998 through May 1999, plaintiff through Edward Bukstel and David Bukstel in an attempt to benefit plaintiff corporation, posted hundreds of negative messages about AH[T] on Yahoo’s message board for AH[T] stock on the Internet, using various pseudonyms and not disclosing their relationship to the company or the lawsuit at issue. Plaintiff admitted in testimony that it was aware that such posting on the message board is an influencing factor that affects the stock price. In such postings, plaintiff encouraged defendant to financially settle this lawsuit without disclosing plaintiffs’ interest.’
Judge Cowhey determined, ‘‘that plaintiffs’ unclean hands in participating in a course of deceptive conduct related to the issue in this case, is a bar to entitlement to the equitable remedy of a preliminary injunction. Accordingly, the preliminary injunction issued by this Court is vacated in all respects.’
AHT filed its motion to vacate the preliminary injunction on June 14 of this year based on evidence confirming that Ed Bukstel and David Bukstel, Chairman/President and Secretary, respectively, of B&H, were responsible for more than 300 postings on the Yahoo! Message Board that were said to be abusive, unethical, and fraudulent and that appeared to be designed to pressure AHT into a monetary settlement with respect to B&H’s lawsuit. The Bukstel brothers admitted in Court that they made several hundred postings under a number of false identities.
AHT said it intends to continue to defend against the B&H lawsuit, which it believes to be without merit.
AHT Corporation participates in the growing healthcare e-commerce market. The Company provides information technology enabling the electronic management of laboratory and prescription transactions. AHT’s goal is to be a leading provider of Internet-based clinical e-commerce among physicians and healthcare organizations. For more information, please visit AHT’s website at www.ahtech.com.
This press release contains forward-looking information regarding AHT Corporation. The forward-looking statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Forward-looking statements, including statements as to industry trends, future economic performance, anticipated profitability, anticipated revenues and expenses, and products or service line growth may be significantly impacted by certain risks and uncertainties, including, but not limited to, failure of the clinical e-commerce industry to develop at anticipated rates, failure of the Company's clinical information technology products and services to gain significant market acceptance, competition and other economic factors. No assurances can be given as to the outcome of any pending lawsuits involving AHT. These forward-looking statements speak only as of the date hereof, and the Company disclaims any intention or obligation to update these forward-looking statements in the future. Additional risks and uncertainties are described in AHT's public filings with the Securities and Exchange Commission.
Contact: Arthur Dague
BUKSTEL & HALFPENNY, INC. v. ADVANCED HEALTH CORP.
New York Law Journal
August 23, 1999
**** FOR IMMEDIATE RELEASE ****
Jehu Hand Obtains Judgment against VitaminSpice and Ed Bukstel for Defamation Arising Out of April 25, 2012 Press Release; Securities Lawsuit Against Hand Dismissed
Dana Point, CA/ August 29, 2013 – Securities lawyer Jehu Hand announced that after trial held in Orange County California Superior Court, he has obtained a judgment in case no. 30-2012-00567141 against VitaminSpice (VTMS.PK) and its Chief Executive Officer Ed Bukstel. The Complaint alleged that defendants VitaminSpice and Ed Bukstel libeled Jehu Hand in the press release issued by them on April 25, 2012. That widely-disseminated press release alleged that motions filed in the Federal Bankruptcy Court for the Eastern District of Pennsylvania included documents that allegedly demonstrated that Jehu Hand and others perpetrated forgeries. The Complaint further alleges that these and other statements in VitaminSpice's press release were untrue and defamatory and, furthermore, that the statements regarding purported forgeries were expressly contrary to the findings of the Bankruptcy Court. No evidence was presented by the defendants at trial to support any allegation of forgery nor to support their contention that the defendants made the defamatory statements with good faith belief in their truthfulness. The Court found that the Complaint was supported by the evidence and awarded the full amount sought of $74,000 against each of VitaminSpice and Ed Bukstel. This judgment follows the dismissal of VitaminSpice and Bukstel's Third Party Complaint against Mr. Hand which was pending in the Eastern District of Pennsylvania, Advanced Multilevel Concept, Inc. v VitaminSpice, et al., Case No. 11-CV-3718. That case was dismissed with prejudice. Mr. Hand stated "I am pleased to have finally vindicated myself against the baseless defamation by Mr. Bukstel and VitaminSpice. I believe that the defamation and the Third Party Complaint, which was bereft of any factual support, were merely retaliation for myself and others providing information to the Securities and Exchange Commission, detailing a 'pump and dump' in VitaminSpice's stock engaged in by the company. This information resulted in enforcement action against VitaminSpice as set forth in SEC Release 34-68948. " Source: Jehu Hand
Vitamin Spice's auditor, Malcolm Pollard, was disciplined by the Public Company Accounting Oversight Board because, when Bukstel filed false financial statements in his 10-K, Pollard did nothing. VitaminSpice is the Company headquartered in Wayne, Pennsylvania referred to in this link as Company B.
case number 2:03-cv-00679-MMB SECUREINFO CORPORATION v. BUKSTEL, Bukstel was sued for divulging confidential information of a company he worked with, Secureinfo proved up its motion and received a TRO against Bukstel."SECUREINFO HAS DEMONSTRATED A REASONABLE PROBABILITY OF SUCCESS ON MERITS OF UNDERLYING CLAIMS THAT DEFENDANT HAS TORTIOUSLY INTERFERED WITH PLAINTIFF'S EXISTING AND PROSPECTIVE CONTRACTUAL RELATIONS, SECUREINFO DEMONSTRATED IT WILL SUFFER IMMEDIATE IRREPARABLE HARM BY LOSS OF CUSTOMER RELATIONSHIPS IF DEFENDANT'S CONDUCT IS NOT ENJOINED; PENDING FURTHER ORDER OF COURT, DEFENDANT IS ENJOINED FROM COMMUNICATING TO ANY THIRD PARTY, ETC.. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 3/7/03"
More frivolous motions by Bukstel denied: DEFENDANTS' FOLLOWING MOTIONS ARE DENIED: MOTION FOR HEARING TO VACATE PRELIMINARY INJUNCTION (79), MOTION FOR SUMMARY JUDGMENT (88), MOTION TO DISMISS COMPLAINT (94), MOTION TO DISQUALIFY MORGAN LEWIS (98), MOTION FOR TRO AND PRELIMINARY INJUNCTION (101), MOTION TO FILE CERTAIN MOTIONS AND EXHIBITS UNDER SEAL (103); DEFENDANT'S SECOND MOTION TO COMPEL EXPEDITED DISCOVERY AND CONTEMPT AGAINST SECUREINFO FOR VIOLATING A COURT ORDER TO PRODUCE DOCUMENTS (96) IS DENIED WITHOUT PREJUDICE; PLAINTIFF'S MOTION FOR AN EXPEDITED HEARING AND FOR SANCTIONS IS GRANTED IN PART; DEFENDANT'S MOTION TO STRIKE PLAINTIFFS' MOTION TO STRIKE DEFENDANTS' FOUR MOTIONS FILED 8/29/03 FOR FAILURE TO SERVE MOTION ON DEFENDANT (85) IS DENIED AS MOOT; PLAINTIFF'S MOTION TO EXTEND FACT DISCOVERY IS GRANTED AND FACT DISCOVERY IS EXTENDED TO 1/5/04; THER SHALL BE A STATUS CONFERENCE ON 1/29/04 AT 4:15 PM. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 12/16/03.
MEMORANDUM AND ORDER THAT PLAINTIFF'S SECOND MOTION TO COMPEL IS DENIED AS MOOT. DEFENDANT'S MOTION TO COMPEL IS DENIED. DEFENDANT'S MOTION FOR CONTEMPT, SANCTIONS, PERJURY, DISMISSAL AND REPLY TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, INJUNCTIVE RELIEF AND CONTEMPT IS DENIED. PLAINTIFF'S MOTION FOR CONTEMPT AND IMMEDIATE INJUNCTIVE RELIEF FOR DEENDANT'S VIOLATION OF COURT'S PRELIMINARY IN JUNCTION ORDER IS DENIED. DEFENDANT SHALL FILE A RESPONSE TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BY 3/22/04. PLAINTIFF MAY FILE A REPLY BRIEF BY 4/9/04. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 3/18/04
Bukstel has filed 7 frivolous Federal lawsuits, including a motion to recuse a Federal judge from his case because, according to Bukstel, the judge and opposing counsel performed in a "Law Day" skit together and they both donated to the Metropolitan Opera.
If you have anything to do with Bukstel, a lawsuit is inevitable.This site is not owned by VitaminSpice (symbol vtms) and all statements herein are the responsibility of the author.