DIGGQ: Finra deleted symbol: Company dissolved.

http://www.otcbb.com/asp/dailylist_detail.asp?d=10/18/2013&mkt_ctg=NON-OTCBB

Thanks to Renee -
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=93165889

DIGGQ: Finra deleted symbol: Company dissolved.

http://www.otcbb.com/asp/dailylist_detail.asp?d=10/18/2013&mkt_ctg=NON-OTCBB

When I read it. It appeared as if it implies that smitty already had some sort of securities industry ban before DIGG.

Memory lane can be a long and winding road...

Wasn't much new it but I googled arOund and no sign of anything else new. Not sure if they took the house or not

I hadn't seen that before; dated 02 Apr 07.

Obviously bored tonight lol
Nt sure if this was postef
http://www.state.nj.us/lps/ca/bos/disc/dgdefault.pdf

More: MANASQUAN SAVINGS BA VS SMITH LYNN

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W2e.asp

Venue MONMOUTH
Docket # F -040519-09
Court CHC
Proceeding Date 3/4/2011
Proceeding Time 900 A M
Court Room FOR
Proceeding Status PENDING
Case Filed Date 7/31/2009
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption MANASQUAN SAVINGS BA VS SMITH LYNN
Motion Type MOTION TO STRIKE ANSWER AND ENTER DEFAULT
Motion Status PG HEARING
Scheduled Hearing Date 3/4/2011
Oral Argument Requested N
Granted N
Granted Date
Motion Comment SJ

Atty Name Party Name Party Type Filing Party
TEICH GROH MANASQUAN SAVINGS BANK PF F
(PRO SE) LYNN SMITH DF
(ATTORNEY REQUIRED) BLK 100 LOT 5 OR
(ATTORNEY REQUIRED) BRIAN SMITH DF
(ATTORNEY REQUIRED) CITIBANK SOUTH DAKOTA DF
(ATTORNEY REQUIRED) NJ STATE OF DF
(ATTORNEY REQUIRED) WATCHUNG SPRING WATER CO INC DF
(ATTORNEY REQUIRED) RICHARD B. GRAHAM JR DF
(ATTORNEY REQUIRED) NEW JERSEY BUREAU SECURITIES DF

More: MANASQUAN SAVINGS BA VS SMITH LYNN

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W2e.asp

Venue MONMOUTH
Docket # F -040519-09
Court CHC
Proceeding Date 3/18/2011
Proceeding Time 900 A M
Court Room FOR
Proceeding Status PENDING
Case Filed Date 7/31/2009
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption MANASQUAN SAVINGS BA VS SMITH LYNN
Motion Type MOTION TO TRANSFER TO ANOTHER VENUE
Motion Status PG HEARING
Scheduled Hearing Date 3/18/2011
Oral Argument Requested N
Granted N
Granted Date
Motion Comment CHANGE VENUE FR MON TO MERCER

Atty Name Party Name Party Type Filing Party
TEICH GROH MANASQUAN SAVINGS BANK PF
(PRO SE) LYNN SMITH DF F
(ATTORNEY REQUIRED) BLK 100 LOT 5 OR
(ATTORNEY REQUIRED) BRIAN SMITH DF
(ATTORNEY REQUIRED) CITIBANK SOUTH DAKOTA DF
(ATTORNEY REQUIRED) NJ STATE OF DF
(ATTORNEY REQUIRED) WATCHUNG SPRING WATER CO INC DF
(ATTORNEY REQUIRED) RICHARD B. GRAHAM JR DF
(ATTORNEY REQUIRED) NEW JERSEY BUREAU SECURITIES DF

MANASQUAN SAVINGS BA VS SMITH LYNN

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W2e.asp

Venue MONMOUTH
Docket # F -040519-09
Court CHC
Proceeding Date 3/18/2011
Proceeding Time 900 A M
Court Room FOR
Proceeding Status PENDING
Case Filed Date 7/31/2009
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption MANASQUAN SAVINGS BA VS SMITH LYNN
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING
Scheduled Hearing Date 3/18/2011
Oral Argument Requested N
Granted N
Granted Date
Motion Comment RECUSAL OF TWC

Atty Name Party Name Party Type Filing Party
TEICH GROH MANASQUAN SAVINGS BANK PF
(PRO SE) LYNN SMITH DF F
(ATTORNEY REQUIRED) BLK 100 LOT 5 OR
(ATTORNEY REQUIRED) BRIAN SMITH DF
(ATTORNEY REQUIRED) CITIBANK SOUTH DAKOTA DF
(ATTORNEY REQUIRED) NJ STATE OF DF
(ATTORNEY REQUIRED) WATCHUNG SPRING WATER CO INC DF
(ATTORNEY REQUIRED) RICHARD B. GRAHAM JR DF
(ATTORNEY REQUIRED) NEW JERSEY BUREAU SECURITIES DF

RABNER V DIGITAL GAS INC

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W2e.asp

Venue MONMOUTH
Docket # C -000316-06
Court CHC
Proceeding Date 3/18/2011
Proceeding Time 130 P M
Court Room CHC
Proceeding Status PENDING
Case Filed Date 10/10/2006
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING
Scheduled Hearing Date 3/18/2011
Oral Argument Requested N
Granted N
Granted Date
Motion Comment USE FREE HOME EQUITY; NF ORDER AS INDIGENT APP DIV

Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF F
(ATTORNEY REQUIRED) WILLIAM BROWN DF

MANASQUAN SAVINGS BA VS SMITH LYNN

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W2e.asp

Venue MONMOUTH
Docket # F -040519-09
Court CHC
Proceeding Date 2/18/2011
Proceeding Time 900 A M
Court Room FOR
Proceeding Status PENDING
Case Filed Date 7/31/2009
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption MANASQUAN SAVINGS BA VS SMITH LYNN
Motion Type MOTION TO TRANSFER TO ANOTHER VENUE
Motion Status PG HEARING
Scheduled Hearing Date 2/18/2011
Oral Argument Requested N
Granted N
Granted Date
Motion Comment CHANGE VENUE FR MON TO MERCER

Atty Name Party Name Party Type Filing Party
TEICH GROH MANASQUAN SAVINGS BANK PF
(PRO SE) LYNN SMITH DF F
(ATTORNEY REQUIRED) BLK 100 LOT 5 OR
(ATTORNEY REQUIRED) BRIAN SMITH DF
(ATTORNEY REQUIRED) CITIBANK SOUTH DAKOTA DF
(ATTORNEY REQUIRED) NJ STATE OF DF
(ATTORNEY REQUIRED) WATCHUNG SPRING WATER CO INC DF
(ATTORNEY REQUIRED) RICHARD B. GRAHAM JR DF
(ATTORNEY REQUIRED) NEW JERSEY BUREAU SECURITIES DF

MANASQUAN SAVINGS BA VS SMITH LYNN

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W2e.asp

Venue MONMOUTH
Docket # F -040519-09
Court CHC
Proceeding Date 2/18/2011
Proceeding Time 900 A M
Court Room FOR
Proceeding Status PENDING
Case Filed Date 7/31/2009
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption MANASQUAN SAVINGS BA VS SMITH LYNN
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING
Scheduled Hearing Date 2/18/2011
Oral Argument Requested N
Granted N
Granted Date
Motion Comment RECUSAL OF TWC

Atty Name Party Name Party Type Filing Party
TEICH GROH MANASQUAN SAVINGS BANK PF
(PRO SE) LYNN SMITH DF F
(ATTORNEY REQUIRED) BLK 100 LOT 5 OR
(ATTORNEY REQUIRED) BRIAN SMITH DF
(ATTORNEY REQUIRED) CITIBANK SOUTH DAKOTA DF
(ATTORNEY REQUIRED) NJ STATE OF DF
(ATTORNEY REQUIRED) WATCHUNG SPRING WATER CO INC DF
(ATTORNEY REQUIRED) RICHARD B. GRAHAM JR DF
(ATTORNEY REQUIRED) NEW JERSEY BUREAU SECURITIES DF

RABNER V DIGITAL GAS INC

http://www.judiciary.state.nj.us/acms/MOTN/CV0390W2e.asp

Venue MONMOUTH
Docket # C -000316-06
Court CHC
Proceeding Date 2/18/2011
Proceeding Time 130 P M
Court Room CHC
Proceeding Status PENDING
Case Filed Date 10/10/2006
Calendar Type MOTION HEARING
Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING
Scheduled Hearing Date 2/18/2011
Oral Argument Requested N
Granted N
Granted Date
Motion Comment USE FREE HOME EQUITY; NF ORDER AS INDIGENT APP DIV

Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF F
(ATTORNEY REQUIRED) WILLIAM BROWN DF

HUMM new court action for Friday. Manasquan bank after Lynn Brian and a slew of others.


Atty Name Party Name Party Type Filing Party
TEICH GROH MANASQUAN SAVINGS BANK PF
(PRO SE) LYNN SMITH DF F
(ATTORNEY REQUIRED) BLK 100 LOT 5 OR
(ATTORNEY REQUIRED) BRIAN SMITH DF
(ATTORNEY REQUIRED) CITIBANK SOUTH DAKOTA DF
(ATTORNEY REQUIRED) NJ STATE OF DF
(ATTORNEY REQUIRED) WATCHUNG SPRING WATER CO INC DF
(ATTORNEY REQUIRED) RICHARD B. GRAHAM JR DF
(ATTORNEY REQUIRED) NEW JERSEY BUREAU SECURITIES DF

I say that equity is part of the DIGG estate

I agree; she claims she's indigent.

indigent - lacking food, clothing, and other necessities of life because of poverty; needy; poor; impoverished.

YOu mean on the equity from the expansion the DIGG shareholders created. it was something like a 600k expansion on a 400k house. I say that equity is part of the DIGG estate

It looks like Lynn Smith wants to raise cash on the house -

Motion Comment USE FREE HOME EQUITY; NF ORDER AS INDIGENT APP DIV

wel well well Lookie snookie ( jersey shore gal)
Yeah I know I was wrong here too.
http://www.judiciary.state.nj.us/acms/MOTN/CV0390w0e.asp

Dec 21st hearing please decipher as it looks like LYNN filing.

Venue MONMOUTH Docket # C -000316-06 Court CHC
Proceeding Date 12/21/2010 Proceeding Time 130 P M Court Room CHC
Proceeding Status PENDING Case Filed Date 10/10/2006
Calendar Type MOTION HEARING Judge Name THOMAS W CAVANAGH
Caption RABNER V DIGITAL GAS INC
Motion Type MOTION FOR MISC MOTION
Motion Status PG HEARING Scheduled Hearing Date 12/21/2010
Oral Argument Requested N Granted N Granted Date
Motion Comment USE FREE HOME EQUITY; NF ORDER AS INDIGENT APP DIV

--------------------------------------------------------------------------------
Atty Name Party Name Party Type Filing Party
ATTORNEY GENERAL OF NJ LAW STUART/AN N. RABNER/MILGRAM PF
(ATTORNEY REQUIRED) DIGITAL GAS INC DF
BROEGE NEUMANN FISCHER & S LLC BRIAN SMITH DF
ROBERT G. STEVENS LYNN SMITH DF F
(ATTORNEY REQUIRED) WILLIAM BROWN DF

LOL, and it seems some of the original 'investors' are very unhappy with Smith.

By: knutknows
14 Oct 2010, 10:49 PM EDT
Rating: You rated it: Msg. 12508 of 12511
Jump to msg. #

IS BRIAN SMITH STUPID OR JUST PLAIN EVIL?

Smith promised--in writing--to send me money by October 4, 2010. The money was a sort of compensation for a failed earlier investment.

I had every reason to believe that Smith would NOT fulfill his promise. After all, I believe he is, as I've said before, a pathological liar. I mean he is SICK!

However, in this case, I thought Smith just might be telling me the truth for the first time in nearly TEN YEARS. Why do I say this? Smith GUARANTEED that I would receive the money; he even promised to send me information I would find helpful to sue him if he failed!

What insane, perverse hubris--especially when I know now he never had any intention of sending me the money.

Think of it! The sick SOB SWEARS he is going to do something--and then blithely forgets all about it--and then denies ever making the promises--even though I have them in writing.

I am not a health professional--but it seems to me that Smith is a very sick man. Perhaps he suffers from A.D.D. and cannot remember one lie from another.

By: knutknows
21 Oct 2010, 07:26 AM EDT
Rating: You rated it: Msg. 12511 of 12511
(Reply to 12510 by fanito)
Jump to msg. #

FANITO--You are likely screwed . . .

If you do get to speak with Smith, insist on a CASH settlement.

Do not accept an IOU, promissory note, e-mail, notarized letter, or even a signed contract from Brian Smith. None of these typically binding legal forms means anything to Smith. Above all, do not accept his WORD--for that is utterly worthless.

Looks like he is still trying to raise money from investors

No sign of any payments yet.

so, over a $5M judgement.......any payments yet????

They still have their house valued at 1.2 Million that DIGG fund helped with the 500k renovation. BUT I think i read somehwre that was trying to be seized as its in her name but she is part of the judgements. GUT feel is she didnt know a thing about it all. He just seems that smooth

They still have their house valued at 1.2 Million that DIGG fund helped with the 500k renovation. BUT I think i read somehwre that was trying to be seized as its in her name but she is part of the judgements. GUT feel is she didnt know a thing about it all. He just seems that smooth

The poor Smittys...and it's all your fault.

At least I certainly hope they're poor or will be.

LOL, yes.

so IM thinking it may be a scam

Digital Gas Inc, Michigan Corporation; Brian Smith, individually; Lynn Smith, individually; and William Brown, - CRD#2594623

Order of Final Judgement
http://www.state.nj.us/lps/ca/bos/disc/digitalgass.pdf

Digital Gas Inc, Michigan Corporation; Brian Smith, individually; Lynn Smith, individually; and William Brown, - CRD#2594623

Request for Entrey of Default
http://www.state.nj.us/lps/ca/bos/disc/dgdefault.pdf

Digital Gas Inc, Michigan Corporation; Brian Smith, individually; Lynn Smith, individually; and William Brown, - CRD#2594623

Notice of Motion
http://www.state.nj.us/lps/ca/bos/disc/dgnotice.pdf

Digital Gas Inc, Michigan Corporation; Brian Smith, individually; Lynn Smith, individually; and William Brown, - CRD#2594623

Civil Action - Verified Complaint
http://www.state.nj.us/lps/ca/bos/disc/dgverified.pdf


Enforcement Actions
http://www.state.nj.us/lps/ca/bos/bosdisc.htm

RB kate says some sort of court date today. Kinda in sticthes and Smitty playing the bad judge card

A Monmouth County Judge found that the owner, Brian Smith, had operated Digital Gas for seven years, with no known actual operations, and had defrauded investors of more than $5 million, using the investor funds for himself.

CONSUMER Wise
Division of Consumer Affairs
October/November 2009
http://www.state.nj.us/lps/ca/consumerwise.pdf

P s s s t , wanna buy a stock for a penny?

Investors are often attracted to “penny stocks” by the dream of over-sized returns, but these investors are frequently disappointed.

“Penny stocks” are investments in the stocks of small companies, frequently trading in the $1 per share price range on the “Over-the Counter” markets. Such stock usually has a lower trading volume, and is not listed or traded on the larger exchanges such as the New York Stock Exchange or the NASDAQ.

In the recent case of Digital Gas, a Spring Lake, NJ company, the stock was not worth even a penny! A Monmouth County Judge found that the owner, Brian Smith, had operated Digital Gas for seven years, with no known actual operations, and had defrauded investors of more than $5 million, using the investor funds for himself. Smith created false press releases to manipulate or “pump” investor interest in the stock, fraudulently issued stock certificates and
maintained a website that made other false claims about the company’s business.

In the end, Smith defrauded over 200 Digital Gas investors.

The New Jersey Bureau of Securities, an agency within the Division
of Consumer Affairs, is the New Jersey agency responsible for enforcing the securities laws. The Bureau obtained an order
freezing the assets of Digital Gas and of Brian Smith and his wife in October, 2006 after becoming aware of an investor complaint regarding the scheme. The Bureau pursued the case against Smith
which resulted in a recent judgment.

In September, 2009, Judge Thomas Cavanagh ordered Smith to pay more than $5 million in restitution and penalties. Judge Cavanagh also ordered Smith’s wife to disgorge more than $800,000 in funds
that she received from her husband’s scheme.

Investors who are considering investing in “penny stocks” or on the basis of “hot stock tips” should do their homework before handing over their savings. Attorney General Anne Milgram said that the Digital Gas case, “is another example of why investors need to carefully research company backgrounds before investing their
hard earned money.”

Information on securities, brokers,investment advisers and other investor information is readily available from the New Jersey Bureau of Securities at 973-504-3600 or 866-i-invest (toll-free within New Jersey) and on the Bureau website at www.NJSecurities.gov/.

http://www.state.nj.us/lps/ca/consumerwise.pdf

Pacer Update 04 Dec 09 Digital Gas, Inc Bankruptcy Petition #: 08-54958-tjt Eastern District of Michigan (Detroit)

https://ecf.mieb.uscourts.gov/cgi-bin/iquery.pl

Filing Date # Docket Text

12/04/2009 104 Order Authorizing Trustee to Employ Special Counsel (Related Doc # 102 ). (bmcl) (Entered: 12/04/2009)

12/04/2009 103 Concurrence of Office of U.S. Trustee Filed by Trustee K. Jin Lim (RE: related document(s) 102 Application to Employ Donald G. Harding, Q.C. as Special Counsel for Trustee ). (Glusac, Rodney) (Entered: 12/04/2009)

12/01/2009 102 Application to Employ Donald G. Harding, Q.C. as Special Counsel for Trustee Filed by Attorney Donald G. Harding (Glusac, Rodney) (Entered: 12/01/2009)

04/14/2009 101 Annual Trustee's Report for the period ending: 3/31/2009. (Lim, K. Jin) (Entered: 04/14/2009)

02/11/2009 Minute Entry. Case Converted. (related document(s): 55 Order Establishing Deadlines and Procedures) (mvozn) (Entered: 02/11/2009)

12/20/2008 Trustee's Initial Report & First Meeting Held 12/18/2008 (Lim, K. Jin) (Entered: 12/20/2008)

12/12/2008 100 Order Authorizing Trustee to Employ Counsel (Related Doc # 87 ). (bmcl) (Entered: 12/15/2008)

12/12/2008 99 Concurrence of Office of U.S. Trustee Filed by Trustee K. Jin Lim (RE: related document(s) 87 Application to Employ Rodney M. Glusac/Bernardi, Ronayne & Glusac, P.C. as Attorneys for Trustee ). (Glusac, Rodney) (Entered: 12/12/2008)

11/26/2008 98 Clerk's Notice of Fees Due (bmcl) (Entered: 12/02/2008)

11/26/2008 97 Order Denying Debtor's Motion for Reconsideration (Related Doc # 88 ). (bmcl) (Entered: 11/26/2008)

11/26/2008 96 Order Denying Robert Pasek's Motion for Reconsideration (Related Doc # 92 ). (bmcl) (Entered: 11/26/2008)

11/25/2008 95 Certificate of Service Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 92 Motion for Reconsideration/Rehearing (related documents 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7), 93 Notice and Opportunity for Hearing). (bmcl) (Entered: 11/25/2008)

11/25/2008 94 Brief Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 92 Motion for Reconsideration/Rehearing (related documents 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7)). (bmcl) (Entered: 11/25/2008)

11/25/2008 93 Notice and Opportunity to Respond/Object; Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 92 Motion for Reconsideration/Rehearing). Response due by 12/15/2008. (bmcl) (Entered: 11/25/2008)

11/25/2008 92 Motion for Reconsideration of the Courts Order Dated November 12, 2008 Converting Case to a Case Under Chapter 7 and Directing the Office of the US Trustee to appoint Chapter 7 Trustee Pursuant to L.B.R.9024-1 (related documents 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7) Filed by Petitioning Creditor Robert Pasek (bmcl) (Entered: 11/25/2008)

11/25/2008 91 Order Granting Ex-Parte Motion to File Paper Documents(Related Doc # 89 ). (bmcl) (Entered: 11/25/2008)

11/25/2008 90 Certificate of Service Filed by Petitioning Creditor Robert Pasek (RE: related document(s) 89 Ex-Parte Motion to File Paper Documents). (bmcl) (Entered: 11/25/2008)

11/25/2008 89 Motion to File Paper Documents Filed by Petitioning Creditor Robert Pasek (bmcl) (Entered: 11/25/2008)

11/24/2008 88 Motion For Rehearing of Motion to convert Filed by Alleged Debtor Digital Gas, Inc (Attachments: # 1 Notice of Motion) (Fellrath, Richard) (Entered: 11/24/2008)

11/24/2008 87 Application to Employ Rodney M. Glusac/Bernardi, Ronayne & Glusac, P.C. as Attorneys for Trustee Filed by Trustee K. Jin Lim (Glusac, Rodney) (Entered: 11/24/2008)

11/15/2008 86 BNC Certificate of Mailing - Meeting of Creditors. (RE: related document(s) 85 Meeting of Creditors Chapter 7 Asset Business) No. of Notices: 14. Service Date 11/15/2008. (Admin.) (Entered: 11/16/2008)

11/13/2008 85 Meeting of Creditors 341(a) meeting to be held on 12/18/2008 at 04:30 PM at Room 315, 211 W. Fort St. Bldg., Detroit 341. Proofs of Claims due by 3/18/2009. (bmcl) (Entered: 11/13/2008)

11/13/2008 Corrective Entry DEADLINE RELATING TO FILING A CH 7 MEANS TEST DELETED, FORM NOT REQUIRED (RE: related document(s) 82 Order on Motion to Convert Case from Chapter 11 to Chapter 7) (ggg) (Entered: 11/13/2008)

11/12/2008 84 Objection to (related document(s): 57 Corrected Motion to Withdraw as Attorney by Ian Redmond , 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15) Filed by Petitioning Creditor Robert Pasek (bmcl) (Entered: 11/12/2008)

11/12/2008 83 Order granting Motion to Withdraw as Attorney (Related Doc # 57 ). (bmcl) Modified on 11/13/2008 (ggg). (Entered: 11/12/2008)

11/12/2008 82 Order Converting Case to a Case Under Chapter 7, and Directing the Office of the U.S. Trustee to Appoint Chapter 7 Trustee (Related Doc # 64 ) (bmcl) CORRECTED ENTRY: DEADLINE RELATING TO FILING A CH 7 MEANS TEST DELETED, FORM NOT REQUIRED Modified on 11/13/2008 (ggg). (Entered: 11/12/2008)

11/12/2008 Minute Entry. HEARING HELD - Order to Show Cause Dissolved/ CONVERSION MOTION GRANTED. (Vozniak, Mary) (Entered: 11/12/2008)
11/12/2008 Minute Entry. HEARING HELD - Motion Granted re: conversion (Vozniak, Mary) (Entered: 11/12/2008)

11/11/2008 81 Third Certification of Non-Response Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Corrected Motion to Withdraw as Attorney by Ian Redmond ). (Redmond, Ian) (Entered: 11/11/2008)

11/10/2008 80 Second Certification of Non-Response Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Corrected Motion to Withdraw as Attorney by Ian Redmond ). (Redmond, Ian) (Entered: 11/10/2008)

11/07/2008 79 Supplemental Brief Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15). (Shapiro, Mark) (Entered: 11/07/2008)

11/05/2008 78 Request for Hearing on Motion to Convert Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15). (Redmond, Ian) (Entered: 11/05/2008)

11/05/2008 77 Ex Parte Motion to Extend Re: Time to Respond to Motion to Convert; Extend To November 19, 2008 Filed by Alleged Debtor Digital Gas, Inc (Attachments: # 1 Exhibit 1: Proposed Order) (Redmond, Ian) (Entered: 11/05/2008)

10/28/2008 76 Declaration of Compliance with October 13, 2008 Order Filed by Alleged Debtor Digital Gas, Inc. (Attachments: # 1 Exhibit A) (Redmond, Ian) (Entered: 10/28/2008)

10/23/2008 75 Corrected Notice and Opportunity to Respond/Object; Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Motion to Withdraw as Attorney). Response due by 11/10/2008. (Redmond, Ian) (Entered: 10/23/2008)

10/22/2008 74 Order Requiring Debtor's Attorney Morgan Assoicates, PLC to Correct Notice Deficiencies Relating to His Corrected Motion to Withdraw (Docket #57) (RE: related document(s) 57 Motion to Withdraw as Attorney filed by Alleged Debtor Digital Gas, Inc). Corrected Pleading Due on 10/29/2008. (bmcl) (Entered: 10/23/2008)

10/22/2008 73 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing, 69 Order on Motion to Expedite Hearing). (Shapiro, Mark) (Entered: 10/22/2008)

10/21/2008 72 Equity Security Holders Updated Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 10/21/2008)

10/21/2008 71 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing, 69 Order on Motion to Expedite Hearing). (Shapiro, Mark) (Entered: 10/21/2008)

10/21/2008 70 Application to Employ Ian M. Redmond as Attorney Nunc Pro Tunc Filed by Alleged Debtor Digital Gas, Inc (Redmond, Ian) (Entered: 10/21/2008)

10/21/2008 69 Ex-Parte Order Scheduling Expedited Hearing on Motion to Convert and Adjourning Show Cause Hearing (Related Doc # 67 )Hearing to be held on 11/12/2008 at 12:00 PM Courtroom 1925 for 67 , (RE: related document(s) 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark)). (bmcl) (Entered: 10/21/2008)

10/21/2008 68 Certification of Non-Response to Motion to Withdraw Filed by Alleged Debtor Digital Gas, Inc (RE: related document(s) 57 Corrected Motion to Withdraw as Attorney by Ian Redmond ). (Redmond, Ian) (Entered: 10/21/2008)

10/20/2008 67 Ex Parte Motion to Expedite Hearing (related documents 64 Motion to Convert Case From Chapter 11 to Chapter 7) and Adjourn November 5, 2008 Show Cause Hearing Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 10/20/2008)

10/20/2008 66 Equity Security Holders Second of Two Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 10/20/2008)

10/20/2008 65 Equity Security Holders First of Two Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 10/20/2008)

10/16/2008 Receipt of Motion to Convert Case From Chapter 11 to Chapter 7(08-54958-tjt) [motion,mcn11t7] ( 15.00) filing fee. Receipt number 7372692, amount . (U.S. Treasury) (Entered: 10/16/2008)

10/16/2008 64 Motion to Convert Case from Chapter 11 to Chapter 7 . Fee Amount $15 Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Attachments: # 1 Exhibit List# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E) (Shapiro, Mark) (Entered: 10/16/2008)

10/13/2008 63 Order Regarding Debtor's Compliance with Fed.R.Bankr.P.1007(a)(3)and 2002(d). (RE: related document(s) 62 Stipulation filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities). (bmcl) (Entered: 10/14/2008)

10/13/2008 62 Stipulation By and Between Creditor, Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities, the Debtor-in-Possession, and the Office of the U.S. Trustee Re: entry of Order regarding Debtor's compliance with BR 1007(a)(3) and BR 2002(d) . Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities. (Shapiro, Mark) (Entered: 10/13/2008)

10/09/2008 61 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 60 Order on Motion for Examination). (Shapiro, Mark) (Entered: 10/09/2008)

10/08/2008 60 Order for Examination of Brian Smith Under Bankruptcy Rule 2004 (Related Doc # 50 ). (bmcl) (Entered: 10/08/2008)

10/08/2008 59 Certification of Non-Response Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 50 Motion for 2004 Examination of Brian Smith, Notice and Certificate of Service). (Shapiro, Mark) (Entered: 10/08/2008)

10/03/2008 58 Notice of Order Establishing Deadlines and Procedures with BNC Certificate of Mailing. (RE: related document(s) 55 Order Establishing Deadlines and Procedures) No. of Notices: 15. Service Date 10/03/2008. (Admin.) (Entered: 10/06/2008)

10/02/2008 57 Corrected Motion to Withdraw as Attorney by Ian Redmond Filed by Alleged Debtor Digital Gas, Inc (Attachments: # 1 Proposed Order Exhibit 1 - Order# 2 Exhibit 2 - Notice of Motion) (Redmond, Ian) (Entered: 10/02/2008)

10/01/2008 55 Order Establishing Deadlines and Procedures . Combined Plan and Disclosure Statement due on 12/29/2008. Ballots due on 2/2/2009. Objections to Discl. and Conf. of Plan due on 2/2/2009. Obj. to Fast Track Order Due on 10/22/2008. Confirmation hearing to be held on 2/11/2009 at 11:00 AM at Courtroom 1925. (bmcl, ) (Entered: 10/01/2008)

10/01/2008 Minute Entry. CHAPTER 11 INITIAL STATUS CONFERENCE (RE: related document(s) 20 Order for Initial Ch. 11 Status Conference) (Vozniak, Mary) (Entered: 10/01/2008)

09/30/2008 54 Certificate of Service of Hand-Delivery by Richard Barry, New Jersey Bureau of Securities Chief Enforcement Officer Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 50 Motion for 2004 Examination of Brian Smith, Notice and Certificate of Service). (Shapiro, Mark) (Entered: 09/30/2008)

09/29/2008 56 Notice of Deficient Pleading: Ntc to Respondent Missing or Non-Compliant, . (RE: related document(s) 53 Motion to Withdraw as Attorney filed by Alleged Debtor Digital Gas, Inc) Notice to Respondent Due on 10/7/2008. (bmcl, ) (Entered: 10/01/2008)

09/29/2008 53 Motion to Withdraw as Attorney by Ian Redmond Filed by Alleged Debtor Digital Gas, Inc (Redmond, Ian) (Entered: 09/29/2008)

09/24/2008 52 BNC Certificate of Mailing - Meeting of Creditors. (RE: related document(s) 51 341 Meeting Issued after Auto Assign) No. of Notices: 13. Service Date 09/24/2008. (Admin.) (Entered: 09/25/2008)

09/22/2008 51 341 Meeting Issued after Auto Assign and Request to BNC for Issuance of First Meeting of Creditors. (bmcl, ) (Entered: 09/22/2008)

09/22/2008 Matrix Uploaded Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/22/2008)

09/22/2008 To: I. Redmond -Memorandum of Apparent Deficiency: Creditors were not uploaded to the case as described in Section VII of the Quick Reference Guide for Debtor Attorneys. FAILURE TO UPLOAD THE MATRIX WITHIN 8 DAYS MAY RESULT IN DISMISSAL FOR FAILURE TO FILE AN ACCEPTABLE MATRIX . YOU MAY WISH TO AMEND YOUR DOCUMENT. PLEASE DO NOT REPLY TO THIS EMAIL. (RE: related document(s) Matrix Uploaded filed by Alleged Debtor Digital Gas, Inc, Matrix Uploaded filed by Alleged Debtor Digital Gas, Inc) (bmcl, ) (Entered: 09/22/2008)

09/19/2008 50 Motion for 2004 Examination of Brian Smith, Notice and Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 09/19/2008)

09/18/2008 49 BNC Certificate of Mailing - Meeting of Creditors. (RE: related document(s) 43 Meeting of Creditors Chapter 11) No. of Notices: 3. Service Date 09/18/2008. (Admin.) (Entered: 09/19/2008)

09/18/2008 48 Certificate of Service for Status Conference Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/18/2008)

09/18/2008 Matrix Uploaded Updated Addresses Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/18/2008)

09/18/2008 47 Matrix Filed Updated Addresses Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/18/2008)

09/17/2008 46 Notice of Adjournment of Hearing (RE: related document(s) 20 Order for Initial Ch. 11 Status Conference) Hearing to be held on 10/1/2008 at 12:00 PM Courtroom 1925 for 20 , (Vozniak, Mary) (Entered: 09/17/2008)

09/17/2008 45 Notice to Disregard Previous Notice (RE: related document(s) 44 Notice of Adjournment of Hearing (Bk Motion/OSC)) (Vozniak, Mary) (Entered: 09/17/2008)

09/17/2008 44 Notice of Adjournment of STATUS CONFERENCE (RE: related document(s) 20 Order for Initial Ch. 11 Status Conference) Hearing to be held on 9/24/2008 at 11:00 AM Courtroom 1925 for 20 , (Vozniak, Mary) (Entered: 09/17/2008)

09/16/2008 43 Meeting of Creditors 341(a) meeting to be held on 10/10/2008 at 10:00 AM at room 315 E, 211 W. Fort St. Bldg. Detroit 341. Proofs of Claims due by 1/8/2009. (bmcl, ) (Entered: 09/16/2008)

09/15/2008 42 Certificate of Service for Initial Chapter 11 Status Conference Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/15/2008)

09/15/2008 Matrix Uploaded Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/15/2008)

09/15/2008 41 Matrix Filed Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/15/2008)

09/12/2008 40 Statement of Financial Affairs Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 39 Schedule H - CoDebtors Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 38 Schedule G - Executory Contracts and Unexpired Leases Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 37 Schedule F - Creditors Holding Unsecured Nonpriority Claims Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 36 Declaration under Penalty of Perjury for Debtors without an Attorney Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 35 Schedule E - Creditors Holding Unsecured Priority Claims Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 34 Schedule D - Creditors Holding Secured Claims Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 33 Schedule C Joint Debtor - Property Claimed as Exempt Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 32 Schedule B - Personal Property Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 31 Schedule A - Real Property Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 30 Chapter 11 Statement of Current Monthly Income - Form 22B . Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/12/2008 29 20 Largest Unsecured Creditors Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 09/12/2008)

09/09/2008 28 Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 26 Order on Motion for Examination). (Shapiro, Mark) (Entered: 09/09/2008)

09/05/2008 27 Order for Examination of Robert Pasek under Bankruptcy Rule 2004 (Related Doc # 15 ). (bmcl, ) (Entered: 09/08/2008)

09/05/2008 26 Order for Examination of Austin Marshall Under Bankruptcy Rule 2004 (Related Doc # 14 ). (bmcl, ) (Entered: 09/08/2008)

09/05/2008 25 Notice of Withdrawal Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 22 Certification of Non-Response, ). (Shapiro, Mark) (Entered: 09/05/2008)

09/05/2008 24 Certification of Non-Response Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 15 Motion for 2004 Examination of Robert Pasek, Notice, and Certificate of Service). (Shapiro, Mark) (Entered: 09/05/2008)

09/05/2008 23 Corrected Certification of Non-Response Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (RE: related document(s) 14 Motion for 2004 Examination of Austin Marshall, Notice, and Certificate of Service). (Shapiro, Mark) (Entered: 09/05/2008)

09/05/2008 22 Certification of Non-Response Filed by Creditor Stuart Rabner, Attorney General of the State of New Jersey, on behalf of Franklin L. Widdman, Chief of the New Jersey Bureau of Securities (RE: related document(s) 14 Motion for 2004 Examination of Austin Marshall, Notice, and Certificate of Service). (Shapiro, Mark) (Entered: 09/05/2008)

08/31/2008 21 BNC Certificate of Mailing. (RE: related document(s) 19 Order for Relief (Ch.11)) No. of Notices: 5. Service Date 08/31/2008. (Admin.) (Entered: 09/01/2008)

08/29/2008 20 Order for Initial Ch. 11 Status Conference . Status hearing to be held on 9/17/2008 at 11:00 AM at Courtroom 1925. (Vozniak, Mary) (Entered: 08/29/2008)

08/29/2008 19 Order for Relief Under Chapter 11. Incomplete Filings due by 9/15/2008. (Steinle, Jan) (Entered: 08/29/2008)

08/29/2008 Corrective Entry:INVOLUNTARY PETITION CHANGED FROM CHAPTER 7 TO CHAPTER 11. (RE: related document(s) 1 Involuntary Petition (Chapter 7), Involuntary Petition (Chapter 7) filed by Petitioning Creditor Robert Pasek, Alleged Debtor Digital Gas, Inc) (boggs, cheryl) (Entered: 08/29/2008)

08/27/2008 18 Answer to Complaint Response and Objection Filed by Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 08/27/2008)

08/14/2008 17 Amended Notice of Joinder of Petitioning Creditor(s) Pursuant to 11 USC Section 303(c) Filed by (RE: related document(s) 16 Notice of Joinder of Petitioning Creditor(s) Pursuant to 11 USC Section 303(c)). (bmcl, ) (Entered: 08/15/2008)

08/14/2008 16 Notice of Joinder of Petitioning Creditor(s) Pursuant to 11 USC Section 303(c) Filed by Petitioning Creditor Robert Pasek . (bmcl, ) (Entered: 08/15/2008)

08/12/2008 15 Motion for 2004 Examination of Robert Pasek, Notice, and Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 08/12/2008)

08/12/2008 14 Motion for 2004 Examination of Austin Marshall, Notice, and Certificate of Service Filed by Creditor Anne Milgram, Attorney General of the State of New Jersey, on behalf of Vincent Oliva, Chief of the New Jersey Bureau of Securities (Shapiro, Mark) (Entered: 08/12/2008)

08/08/2008 13 Certification of Petitioning Creditor Robert Pasek with exhibits. (bmcl, ) (Entered: 08/11/2008)

08/08/2008 12 Affidavit Filed by Petitioning Creditor Robert Pasek . (bmcl, ) (Entered: 08/11/2008)

08/01/2008 11 Order (related doc # 8 . (kmr, ) (Entered: 08/01/2008)

07/31/2008 10 Agreed Notice of Substitution of Counsel terminating Kostan Dino Kostopoulos, Alleged Debtor Digital Gas, Inc. (Redmond, Ian) (Entered: 07/31/2008)

07/31/2008 9 Notice of Appearance and Request for Notice Filed by Creditor Stuart Rabner, Attorney General of the State of New Jersey, on behalf of Franklin L. Widdman, Chief of the New Jersey Bureau of Securities. (Shapiro, Mark) (Entered: 07/31/2008)

07/28/2008 8 Stipulation By and Between Robert Pasek and Digital Gas, Inc. Re: Extension of Time to Respond to Petition through August 27, 2008. Filed by Alleged Debtor Digital Gas, Inc. (Attachments: # 1 Proposed Order Exhibit A - Proposed Order) (Kostopoulos, Kostan) (Entered: 07/28/2008)

07/28/2008 To: K. Kostopolous -Memorandum of Apparent Deficiency: The PDF Document does not Match Docket Text. This appears to be a stipulation order, not a stipulation with the order attached as Exhibit A. YOU MAY WISH TO AMEND YOUR DOCUMENT. PLEASE DO NOT REPLY TO THIS EMAIL. (RE: related document(s) 7 Stipulation filed by Alleged Debtor Digital Gas, Inc) (Vozniak, Mary) (Entered: 07/28/2008)

07/28/2008 7 Stipulation By and Between Robert Pasek and Digital Gas, Inc. Re: Extension of time to respond to Petition . Filed by Alleged Debtor Digital Gas, Inc. (Kostopoulos, Kostan) (Entered: 07/28/2008)

07/28/2008 6 Order Requiring Petitioning Creditor Robert Pasek to Show Cause in Writing Why This Case Should Not Be Dismissed (Order mailed to Petitioning Creditor). (bmcl, ) (Entered: 07/28/2008)

07/08/2008 5 Certificate of Service on (RE: related document(s) 4 Involuntary Summons Issued). (bmcl, ) (Entered: 07/08/2008)

06/27/2008 4 Involuntary Summons Issued on 6/27/2008 for Robert Pasek. SUMMONS MAILED TO ROBERT PASEK AT 4403 REILLY DRIVE, TROY, MI 48085 ON 6/27/2008. (Steinle, Jan) (Entered: 06/27/2008)

06/22/2008 3 Notice Regarding Reassignment of Case with BNC Certificate of Mailing (RE: related document(s) 2 Order of Reassignment (Judge)) No. of Notices: 1. Service Date 06/22/2008. (Admin.) (Entered: 06/23/2008)

06/21/2008 Receipt of Chapter 7 Filing Fee - $299.00 by NC. Receipt Number 00521298. (Admin.) (Entered: 06/23/2008)

06/20/2008 2 Order of Reassignment of Judge, Involvement of Judge Marci B McIvor Terminated. Judge Thomas J. Tucker added to case. . (bmcl, ) (Entered: 06/20/2008)

06/20/2008 1 Chapter 7 Involuntary Petition. Fee Amount $299 Re: Digital Gas, Inc Filed by Petitioning Creditor(s): Robert Pasek (Cotton, Nina) CORRECTIVE ENTRY: INVOLUNTARY PETITION CHANGED FROM CHAPTER 7 TO CHAPTER 11. Modified on 8/29/2008 (boggs, cheryl). (Entered: 06/20/2008)

https://ecf.mieb.uscourts.gov/cgi-bin/iquery.pl

Digital Gas, Inc Bankruptcy Petition #: 08-54958-tjt Eastern District of Michigan (Detroit)

U.S. Bankruptcy Court
Eastern District of Michigan (Detroit)

Bankruptcy Petition #: 08-54958-tjt

Assigned to: Judge Thomas J. Tucker
Chapter 7
Previous chapter 11
Involuntary
Asset
Date Filed: 06/20/2008
Date Converted: 11/12/2008

Alleged Debtor
Digital Gas, Inc
19849 Middlebelt Road
Livonia, MI 48152
Tax ID / EIN: 26-2497306

represented by Ian Redmond
144 West Maple Road
Suite 100
Birmingham, MI 48009
248-594-6340
Email: imredmond@morganassociatesplc.com
TERMINATED: 11/12/2008

Kostan Dino Kostopoulos
1821 W. Maple Road
Birmingham, MI 48009
(248) 593-0300
Email: dkostop@pk-legal.com
TERMINATED: 07/31/2008

Richard F. Fellrath
4056 Middlebury Drive
Troy, MI 48085
(248) 519-5064
Fax : (248) 519-5065
Email: lawfell@wowway.com

Petitioning Creditor
Robert Pasek
4403 Reilly Drive
Troy, MI 48085

represented by Robert Charles Davis
Towne Square Building
10 S. Main St.
Suite 401
Mt. Clemens, MI 48043
(586) 726-1000

Petitioning Creditor
Walter E. Lumsden
27345 Ovid Ct.
Franklin, MI

Petitioning Creditor
Robert Davis
20383 Hall Rd.
Suite B
Macomb, MI 48047

Trustee
K. Jin Lim
176 S. Harvey
Suite 1
Plymouth, MI 48170
(734) 416-9420

represented by Rodney M. Glusac
1058 Maple Street
Suite 100
Plymouth, MI 48170
(734)416-1780
Email: rodg@brgpc.com

https://ecf.mieb.uscourts.gov/cgi-bin/DktRpt.pl?640006946321096-L_991_0-1

3. Defendants Digital Gas Inc. and Brian Smith are HEREBY ORDERED, jointly and severally, to pay $4,693,280 as restitution for investors pursuant to N.J.S.A 49:3-69(a(2).

See page 7, para 3 of the PDF file:

RESTITUTION

3. Defendants Digital Gas Inc. and Brian Smith are HEREBY ORDERED, jointly and severally, to pay $4,693,280 as restitution for investors pursuant to N.J.S.A 49:3-69(a(2).


ORDER AND FINAL JUDGMENT AS TO DEFENDANTS BRIAN SMITH, LYNN SMITH, AND DIGITAL GAS INC.

Dispositive Order
Sep 28, 2009

http://nj.gov/lps/ca/bos/disc/digitalgass.pdf

ORDER AND FINAL JUDGMENT AS TO DEFENDANTS BRIAN SMITH, LYNN SMITH, AND DIGITAL GAS INC.

Dispositive Order
Sep 28, 2009

http://nj.gov/lps/ca/bos/disc/digitalgass.pdf

BUT he is not a thief.

NOOOOOOO whetevr he is or isnt I will say he is one hell of a salesman. Still he has people convinced he did not wrong. That spell is mind boggling

ORDER AND FINAL JUDGMENT

THANK HEAVENS BRIAN SMITH IS NOT A 'THIEF' ACCORDING TO KATE

just a recidivist ex-con stock fraudster, forger, stock manipulator and all-around weasel, pathological liar and scumbag.

or as Kate puts it "dumb and incompetent"


ORDER AND FINAL JUDGMENT AS TO DEFENDANTS BRIAN SMITH, LYNN SMITH, AND DIGITAL GAS INC.

http://www.state.nj.us/oag/ca/bos/disc/digitalgass.pdf

[EXCERPTS]

FINDINGS

The Court finds that:

...

6. In connection with the offer and sale of unregistered securities, Digital Gas Inc. and Defendant Brian Smith, individually and in concert with others, violated NJSA 49:3-52(a) and NJSA 49:3-52(c) by employing a scheme to defraud and engage in a course of business that operated as a fraud and deceit upon investors by:

a. causing Interwest Transfer Company to issue and transfer shares of Digital Gas Inc. through fraudulent corporate resolutions to individuals, including Lynn Smith and their two daughters;

b. concealing Defendant Brian Smith's position as an officer and director of Digital Gas Inc. and failing to disclose it on Michigan Corporate filings;

c. placing Mr. Lang's signature on Michigan Corporate filings without his knowledge;

d. using Mr. Lang's signature on Digital Gas Inc. corporate resolutions without his knowledge;

e. using Mr. Brown's signature on Digital Gas Inc. opinion letters without his knowledge;

f. causing press releases to be published that make misrepresentations
as to the future which are beyond reasonable expectation or are unwarranted by existing circumstances;

g. manipulating the price and demand of Digital Gas Inc. stock by issuing false press releases;

h. failing to disclose to investors the manner in which investor proceeds would be used; and

i. using investor funds for Defendants Brian Smith's and Lynn Smith's personal benefit.

7. In connection with the offer and sale of unregistered securities, Digital Gas Inc. and Defendant Brian Smith, individually and in concert with others, violated NJSA 49:3-52(b) by making untrue statements of material fact and failing to disclose material facts necessary to make the statements made, in the light of the circumstances under which they were made, not misleading by:

a. failing to disclose that Smith was not registered to sell Digital Gas Inc. stock, nor was he exempt;

b. failing to disclose that Digital Gas Inc. was not registered with the Bureau, or exempt fro registration;

c. failing to disclose that Digital Gas Inc. securities were not registered with the Bureau;

d. failing to disclose to investors that Brian Smith was convicted of securities fraud and wire fraud;

e. failing to disclose that Brian Smith was permanently enjoined from selling securities;

f. failing to disclose that Digital Gas Inc. had no bank account in its name

g. failing to disclose that Digital Gas Inc. had no mechanism of accounting

h. failing to retract Digital Gas Inc.'s press releases when none of the purported business activities came to fruition;

i. failing to disclose that investor funds were being diverted for the personal benefit and use of Defendants Brian Smith and Lynn Smith.

8. Defendant Lynn Smith was unjustly enriched and benefited $__________ from the fraudulent conduct of Defendants Brian Smith and Digital Gas Inc. by:

a. Defendant Brian Smith causing funds of Digital Gas Inc. to be transferred to Defendant Lynn Smith's bank accounts;

b. Defendant Lynn Smith receiving and selling Digital Gas Inc. shares that Defendant Brian Smith issued to Defendant Lynn Smith at no cost for a 100% profit; and

c. Defendant Lynn Smith received the benefit of Digital Gas Inc. paying for expenses relating to the home, including improvements and the mortgage.

By: carmelbeach
10 Dec 2009, 01:39 AM EST
Rating: You rated it: Msg. 12408 of 12410
(Reply to 12406 by kate7282)
Jump to msg. #

FOUR COURT DOCUMENTS

THE COMPLAINT

http://www.state.nj.us/oag/ca/bos/disc/dgverified.pdf

MOTION TO COMPEL DEPOSITION OF BRIAN SMITH

http://www.state.nj.us/lps/ca/bos/disc/dgnotice.pdf

REQUEST FOR ENTRY OF DEFAULT

http://www.state.nj.us/lps/ca/bos/disc/dgdefault.pdf

ORDER AND FINAL JUDGMENT AS TO DEFENDANTS BRIAN SMITH, LYNN SMITH, AND DIGITAL GAS INC.

http://www.state.nj.us/oag/ca/bos/disc/digitalgass.pdf

By: carmelbeach
10 Dec 2009, 12:38 AM EST
Rating: You rated it: Msg. 12407 of 12410
(Reply to 12354 by carmelbeach)

NO they refuse to face reality. He thinks its all to be overturned on appeal. IM thinking he owns a lot of those unregistered shares.

Superior Court Judge Thomas W. Cavanagh, entering a final decision in a suit brought by the Attorney General and the New Jersey Bureau of Securities, permanently barred Smith from the securities industry, and ordered Smith and Digital Gas to pay $4,693,280 in restitution. The judge also ordered Smith and Digital Gas to each pay $500,000 in civil penalties, and ordered Lynn Smith, Smith’s wife and defendant, to disgorge $809,237 in funds she received from her husband’s scheme.

For Immediate Release: September 30, 2009

For Further Information:
David Wald
609-292-4791

Office of The Attorney General
- Anne Milgram, Attorney General
http://www.nj.gov/oag/newsreleases09/pr20090930a.html


Spring Lake Resident Ordered to Pay $5.1 Million in Penalties and Restitution for Fraudulently Pushing Penny Stock

In Digital Gas Case, Judge Permanently Bars Brian Smith from securities industry

A Superior Court judge has ordered Brian Smith of Spring Lake to pay $5,193,280 in penalties and restitution for violating the New Jersey Uniform Securities Law by fraudulently operating a publicly-traded penny stock shell company, Digital Gas Inc., fraudulently issuing stock and issuing false press releases to boost the value of that stock.

Superior Court Judge Thomas W. Cavanagh, entering a final decision in a suit brought by the Attorney General and the New Jersey Bureau of Securities, permanently barred Smith from the securities industry, and ordered Smith and Digital Gas to pay $4,693,280 in restitution. The judge also ordered Smith and Digital Gas to each pay $500,000 in civil penalties, and ordered Lynn Smith, Smith’s wife and defendant, to disgorge $809,237 in funds she received from her husband’s scheme.

Judge Cavanagh filed his decision on Monday following a 10-day civil trial which concluded in June in his Monmouth County courtroom. He found that for seven years, from 1999 to 2007, Smith sold unregistered Digital Gas securities to at least 200 investors but was not a registered agent. The judge also found that Smith issued press releases that manipulated the price and demand for Digital Gas and concluded that Brian and Lynn Smith used investor funds for their personal benefit, including home improvement and mortgage expenses related to their Spring Lake home.

The Bureau of Securities had obtained a temporary order in October 2006 freezing the assets of Digital Gas and the Smiths. While Digital Gas is currently in a Chapter 7 Bankruptcy in Michigan, the Smiths’ assets, including their home in Spring Lake, are subject to collection efforts by the Bureau of Securities.

“This case is another example of why investors need to carefully research company backgrounds before investing their hard earned money,” Attorney General Anne Milgram said. “It is also why we urge consumers to check with our Bureau of Securities to determine whether securities are properly registered.”

Digital Gas was a Michigan-based corporation that publicly traded on the Over-The-Counter market as DIGG.PK. The Bureau of Securities charged that Digital Gas was a shell corporation with no known business operations, although its Website claimed it was a business incubator for new technologies in the energy and natural resource fields. The judge found it had no bank accounts in its name, and that Smith used fraudulent corporate resolutions to cause a transfer agent to issue shares of the stock.

Attorney General Milgram thanked Bureau of Securities Investigator Thomas LaGreca, Supervising Investigator Michael McElgunn, and Investigator Isaac Reyes for their work on the case, and also thanked former Chief of Enforcement Richard Barry and former Supervising Investigator James Lane. Deputy Attorneys General Anna Lascurain, Christopher W. Gerold and Toral M. Joshi handled the matter for the Division of Law. Gerold and Joshi represented the state at the trial.

###

http://www.nj.gov/oag/newsreleases09/pr20090930a.html

I'd bet he hasn't bothered to read the court filings.

KATE and KNUT

Please do yourselves (and the rest of us 'nefarious' types) a favor and force yourselves to read these court filings.

THE COMPLAINT

http://www.state.nj.us/oag/ca/bos/disc/dgverified.pdf

MOTION TO COMPEL DEPOSITION OF BRIAN SMITH

http://www.state.nj.us/lps/ca/bos/disc/dgnotice.pdf

REQUEST FOR ENTRY OF DEFAULT

http://www.state.nj.us/lps/ca/bos/disc/dgdefault.pdf

By: carmelbeach
02 Dec 2009, 01:45 AM EST
Msg. 12354 of 12357

How final do they want it. I am sure I could sell Knut a piece of the golden gate bridge ( twice).

http://ragingbull.quote.com/mboard/boards.cgi?board=DIGG&read=12355

Buckey, The final verdict is not yet in.

OCR extracts 4/3/07 REQUEST FOR ENTRY OF DEFAULT

http://www.state.nj.us/lps/ca/bos/disc/dgdefault.pdf

This is a rather amusing document in that it includes letters from Brian Smith, starting on page 24, purporting to detail his personal assets and those of Digital Gas. For Digital Gas he simply reprises various of the wonderful deals he had PRed (but never accomplished)and then repeatedly claims the NJ suit hinders their fruition.

This man is truly pathetic and this is truly a 'low rent' scam.

carmelbeach
------

OCR extracts pages 24 to 31
-----

Brian Smith

909 St. Clair- Avenue
Spring Lake, New Jersey 07762
(732) 927-0155
March 12, 2007

Mr. Christopher W. Gerold
Deputy Attorney General
State of New Jersey
Newark, New Jersey 07101

Re: Docket No. MON-C-316-06

Dear Mr. Gerold:

Pursuant to the Order of the Hon. Alexander D. Lehrer, I am enclosing a statement that relates to my assets.

With the execution of the search warrant of my house and office at 409 St. Clair Avenue in Spring Lake, most if not all of my personal and business records, as well as the records related to Digital Gas were seized. Despite the fact that I have requested these records, they have not been made available for reviewing or copying. The three hard disks that were given to me by Ms. Zumbo after the November court hearing were damaged to the point of being unreadable. I am therefore not able to provide complete information regarding assets or more specific or detailed information about sonic of these items and matters noted herein, including precise amounts or dates.

There is an instance (possibly more) where I may be entitled to a significant fee and/or damages that might run into the several hundred thousand dollar figure. However, I will not note it herein until I obtain an attorney's advice in this regard. Noting it here is my attempt alert you to the possible existence of a settlement or claim in the matter that might be translated into a monetary amount as noted. The same applies to other business opportunities and interests that have been placed in jeopardy by the filing of this civil suit. None of these involve ownership of assets per se, but represent possible opportunities based on future work and success.

If and when I am able to obtain access to any or all of the seized records, I will update or modify the information provided.

Thank you.

Sincerely,

s/s Brian Smith

---

Brian Smith

Statement of Assets

I. Securities

Digital Gas

Shares of Digital Gas owed for the compensation of shareholders of Wickline Energy with the shift of that business into Digital Gas. Shares issued pursuant to this were more or less 7.5 million. On the basis of pro rata ownership, I am entitled to more or less 31 million shares. I am also entitled to cash and other remuneration. Further detail can be provided at a later date after I receive the records that have not been returned as promised and consult with an accounting and attorney.

[Note: Because the Wickline Energy business was not at the commercial stage, I did not issue the more or less 31 million shares in their entirety in fairness to the then present shareholders of Digital Gas. What share were issued were done to further the business of Digital Gas and ensure its survival.]

Wickline Energy

Shares of Wickline Energy owned by me represent approximately 81% of the company with certain of my investors prior to july 1, 2002 owning the balance. Further detail can be provided at a later date after I receive the records that have not been returned as promised and consult with an accountant and attorney.

[Note: Because Wickline Energy still had one investor who could not make up his mind whether to accept Digital Gas shares or accept Wickline shares with the return of his money, the final disposition of the company, its business and any accounting or reporting due regulatory bodies were delayed pending that determination When questioned by the FBI on closing the books in 2002 or 2003, I explained my approach and they had no problem with my method of handling the matter. In fact, right up until the late summer of 2006 the one investor was looking forward to the prospective gains of Digital Gas, yet still reserved the right to not make a final decision in the matter.]

2. Personal

Clothes, pictures, wedding ring, all with no substantive monetary value. A property that my mother bought on a lay-away plan in the 1950s and 1960s was assigned over to my daughter after her birth which pre-dated Digital Gas by several years. My second daughter will also share in it and hopefully pass it on to their children as I intended.

3. Business

Two computers, office furniture, phones, software et cetera.

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Digital Gas

433 South Ashley Street
Ann Arbor, Michigan 18103
(732) 927-0185
March 12, 2007

Mr. Christopher W. Gerold
Deputy Attorney General
State of New Jersey
Newark, New Jersey 07101

Re: Docket No. MON-C-316-06

Dear Mr. Gerold:
Pursuant to the Order of the Hon. Alexander 0. Lehrer, we are enclosing a statement that relates to our assets.

With the execution of the search warrant at 409 St. Clair Avenue in Spring Lake, records related to Digital Gas were seized. Despite the fact that the company and I have requested these records, they have not been made available for reviewing or copying. The three hard disks that were given to me by Ms. Zumbo after the November court hearing were damaged to the point of being unreadable. I am therefore not able to provide complete information regarding assets or more specific or detailed information about some of these items and matters noted herein, including precise amounts or dates.

Many of the press releases related to Digital Gas refer to business deals that the company considers active. Several of the same may be brought to a successful conclusion through negotiation or, if necessary, through litigation. A successful conclusion would entail business being transacted with the companies or persons. A less successful conclusion would be the award of cash, shares, rights to do certain business of the company or person or some other acceptable compensation, but with no agreement to do business together as might have been originally planned. An unsuccessful conclusion would be a failed negotiation or failed litigation and there either being no remuneration or none recommended to pursue by our attorney. If and when we are able to obtain access to any or all of the seized records, I will update or modify the information provided.

There is an instance (possibly more) where the company may be entitled to a significant fee and/or an award of damages that might run into the several million dollar or possibly tens of millions of dollars range. However, I will not note it herein until I obtain an attorney's advice in this regard. Noting it here is my attempt alert you to the possible existence of a settlement or claim in the matter that might be translated into a monetary amount as noted. The same applies to other business opportunities and interests that have been placed in jeopardy by the filing of this civil suit. None of these involve ownership of assets per se, but represent possible opportunities based on future work and success.

As I noted above, if and when I am able to obtain access to any or all of the seized records, I will update or modify the information provided.

Thank you.
s/s
Brian Smith
------

Digital Gas

Statement of Assets and Core Operating Subsidiaries

Digital Gas had successful funding meetings in the late summer and fall of 2006 and anticipated all of its businesses being bridge and/or senior funded by the end of the first quarter, 2007. The civil suit and the restraints have delayed these bindings and have endangered the full potential of the company that existed prior to the complain t. With the further clarification of these matters with the return of the records seized in October, 2006, the company feels that it can establish a basis for requesting that the restraints be removed and the company returned to full operation.

The following is a list of assets and core operating subsidiaries.

I. Green Harbour

Three quarries sold to a subsidiary of Digital Gas in Nova Scotia. The subsidiary is Green Harbour Energy & Farming. The seller is Nova Stone Exporters. The properties are in Annapolis and Shelburne counties.

The seller has not executed the transfer of ownership on the deed to the subsidiary as required in a signed agreement dated November 2004. Under this agreement, the ownership would pass to Green Harbour and the seller would receive 25% of Green Harbour and take back a promissory note.

The proffered reason for not concluding that deal was that the seller indicated that other properties might be better to develop in the near-term. Digital Gas has pursued this avenue without giving up or compromising its rights under the 2004 agreements.
Several properties have been presented by the seller, but none have been found to be without problems. The latest appears to be highly prospective and Green Harbour has a 50% interest in one of six properties that would constitute one integrated quarry. However, the restraints imposed by the court are making it difficult for the company to maintain the above interest and purchase the quarry operation currently the subject of an agreement

If this separate transaction fails, Digital Gas will empower its attorney to resolve the transfer of ownership issue through negotiation or litigation. Once these quarries are fully permitted and in operation, they will have a projected value of more or less $250 million on the basis of a $.50 per ton valuation for the aggregate represented.

Complicating these transactions has been the fact that persons formerly connected to the company from Florida and New Jersey have actively interacted with the seller to interfere with Digital Gas. This interference has taken several forms and has involved, over the course of the Last two years, the participation of two major aggregate companies.

Any interference in these negotiations at this time could prejudice the company's legal position regarding ownership which is excellent. We are willing to clarify if asked.

2. Digital Sofcell

Manufacturing and marketing rights to several sets of products and technologies in the fuel cell area covered by patents for the following territories: North America; South America; and Central America. The civil suit and the restraints have delayed the development of this company and endangered its full potential that existed prior to the complaint Once the restraints are removed and the company returned to full operation, Digital Gas and its shareholders may still realize the potential that was promised to shareholders and investors. If, due to the continued restraints, Digital Sofcell loses products and technologies currently under development, the company will continue with lesser products and technologies. Due to innovative sales and marketing ideas and plans, the company can still be commercial, but will be less profitable.

3. Digital Ultracap

Manufacturing and marketing rights to a set of products and technologies in the mass storage device area covered by patents for the following territories: North A merica; South America; and Central America. The civil suit and the restraints have delayed the development of this company and endangered its full potential that existed prior to the complaint. Once the restraints are removed and the company returned to full operation, Digital Gas and its shareholders may still realize the potential that was promised to shareholders and investors. If, due to the continued restraints, Digital Ultracap loses products and technologies ready to be marketed now and others underdevelopment, the company will continue with lesser products and technologies. Due to innovative sales and marketing ideas and plans, the company can still be commercial, but will be less profitable. The loss of this relationship would be more damaging then in the fuel cell area in that the company has products ready to be marketed now that would capture a significant share of the air conditioner market.

4. Great Lakes Energy & Farming

This energy & farming subsidiary will run operations in cities, adjacent to corporate facilities and on farmland in the Great Lakes region of the United States. Similar subsidiaries and Special Purpose Corporations will be formed by region or in conjunction with strategic partners across North America, South America and Central America and in other areas, such as Vietnam, Taiwan and China. The facilities, which will benefit from products and technologies in the fuel cell and mass storage area, are largely a function of sales and marketing efforts and addressing the needs of potential clients in a way that is still several years ahead of the competition. Each facility will yield significantly profitable clean energy, food and water products, including such high profit output as hydroponics, aquaculture, pharmaceuticals, carbon-based materials processing plants (e.g. carbon nanotubes and carbon black) and others. Pending plants are in Missouri and Michigan. The civil suit and the restraints have delayed the development of this company and endangered its full potential that existed prior to the complaint. Once the restraints are removed and the company returned to full operation, Digital Gas and its shareholders may still realize the potential that was promised to shareholders and investors.

Unlike the subsidiaries that are relying on maintaining proprietary technology, such as in fuel cells and mass storage devices, Great Lakes Energy & Farming (and other regional subsidiaries) can operate and still be commercial, even with the restraints. A “top ten" international engineering firm will do the design, build, operating and maintenance of this and other region's plants under a performance. Unfortunately, the contracts and agreements that would be signed would be from a position of weakness and the company would lose significant percentage ownership and be far less profitable than it would without the restraints.

5. Digital Electric.

This subsidiary will sell electricity generated from fuel cells, ultracapacitors and other systems. Digital Electric will market its so-called Distributed Generation products for residential and commercial buildings via a network of collaborative utilities, HVAC companies and industrial electrical companies. Its products will be distributed both via direct sales and under leasing agreements. In some instances, Digital Electric will even arrange for a supply of renewable fuels for the units that it markets. The potential profits within Digital Electric, including sale of electricity, steam, renewable fuels and gas, are in fact potentially greater, on a long term basis, than from the sale of the fuel cells and ultracapacitors themselves. Gas sales for Digital Electric will be much like the sale of ink torprinters that has become a major profit generator for companies such as Lexmark. The viability of this subsidiary is significantly dependent upon Digital Gas maintaining the current products and technologies of Digital Sofcell and Digital Ultracap. Although the subsidiary could use third party products and technologies, its selling advantage would be greatly diminished. The company has potential contracts for facilities that can be closed within 2007 of between $1-5 billion in Michigan alone. The civil suit and the restraints have delayed the development of this company and endangered its full potential that existed prior to the complaint. Once the restraints are removed and the company returned to f ull operation, Digital Gas and its shareholders may still realize the potential that was promised to shareholders and investors.

6. Synfuel Corporation

Manufacturing and marketing rights to participate in the unconventional oil-source sector of the oil & gas industry. Through the application of patented breakthrough geothermic fuel cell-based in-situ production technology, the company will exploit vast tracts of oil reserves that were previously thought to be unrecoverable. If, due to the continued restraints, Synfuel loses products and technologies currently under development, the company will continue with lesser products and technologies. Due to innovative sales and marketing ideas and plans, the company can still be commercial, but will be less profitable. The civil suit and the restraints have delayed the development of this company and endangered its full potential that existed prior to the complaint. Once the restraints are removed and the company returned to full operation, Digital Gas and its shareholders may still realize the potential that was promised to shareholders and investors.

7. Other

Digital Gas has other situations that can be commercial or prospective. All press releases are relevant and have potential commercial import either through commercialization or litigation.

The company has acted with restraint in these instances in the best interest of shareholders.

The civil suit and the restraints have delayed the development and funding of these situations and endangered the full potential of the company that existed prior to the complaint. With the further clarification of these matters with the return of the records seized in October, 2006, the company feels that it can establish a basis for requesting that the restraints be removed and the company returned to full operation.

....................
OCR extracts 4/3/07 REQUEST FOR ENTRY OF DEFAULT
http://www.state.nj.us/lps/ca/bos/disc/dgdefault.pdf

LOL, it's all revealing stuff, worth a read.

STOP it LOL I dont have time. I will read later - I cannot waitr

Spring Lake Resident Ordered to Pay $5.1 Million in Penalties and Restitution for Fraudulently Pushing Penny Stock

In Digital Gas Case, Judge Permanently Bars Brian Smith from securities industry

For Immediate Release: September 30, 2009

For Further Information:
David Wald
609-292-4791

Office of The Attorney General
- Anne Milgram, Attorney General
http://www.nj.gov/oag/newsreleases09/pr20090930a.html


Spring Lake Resident Ordered to Pay $5.1 Million in Penalties and Restitution for Fraudulently Pushing Penny Stock
In Digital Gas Case, Judge Permanently Bars Brian Smith from securities industry

A Superior Court judge has ordered Brian Smith of Spring Lake to pay $5,193,280 in penalties and restitution for violating the New Jersey Uniform Securities Law by fraudulently operating a publicly-traded penny stock shell company, Digital Gas Inc., fraudulently issuing stock and issuing false press releases to boost the value of that stock.

Superior Court Judge Thomas W. Cavanagh, entering a final decision in a suit brought by the Attorney General and the New Jersey Bureau of Securities, permanently barred Smith from the securities industry, and ordered Smith and Digital Gas to pay $4,693,280 in restitution. The judge also ordered Smith and Digital Gas to each pay $500,000 in civil penalties, and ordered Lynn Smith, Smith’s wife and defendant, to disgorge $809,237 in funds she received from her husband’s scheme.

Judge Cavanagh filed his decision on Monday following a 10-day civil trial which concluded in June in his Monmouth County courtroom. He found that for seven years, from 1999 to 2007, Smith sold unregistered Digital Gas securities to at least 200 investors but was not a registered agent. The judge also found that Smith issued press releases that manipulated the price and demand for Digital Gas and concluded that Brian and Lynn Smith used investor funds for their personal benefit, including home improvement and mortgage expenses related to their Spring Lake home.

The Bureau of Securities had obtained a temporary order in October 2006 freezing the assets of Digital Gas and the Smiths. While Digital Gas is currently in a Chapter 7 Bankruptcy in Michigan, the Smiths’ assets, including their home in Spring Lake, are subject to collection efforts by the Bureau of Securities.

“This case is another example of why investors need to carefully research company backgrounds before investing their hard earned money,” Attorney General Anne Milgram said. “It is also why we urge consumers to check with our Bureau of Securities to determine whether securities are properly registered.”

Digital Gas was a Michigan-based corporation that publicly traded on the Over-The-Counter market as DIGG.PK. The Bureau of Securities charged that Digital Gas was a shell corporation with no known business operations, although its Website claimed it was a business incubator for new technologies in the energy and natural resource fields. The judge found it had no bank accounts in its name, and that Smith used fraudulent corporate resolutions to cause a transfer agent to issue shares of the stock.

Attorney General Milgram thanked Bureau of Securities Investigator Thomas LaGreca, Supervising Investigator Michael McElgunn, and Investigator Isaac Reyes for their work on the case, and also thanked former Chief of Enforcement Richard Barry and former Supervising Investigator James Lane. Deputy Attorneys General Anna Lascurain, Christopher W. Gerold and Toral M. Joshi handled the matter for the Division of Law. Gerold and Joshi represented the state at the trial.

###

http://www.nj.gov/oag/newsreleases09/pr20090930a.html

MOTION TO COMPEL DEPOSITION OF BRIAN SMITH

http://www.state.nj.us/lps/ca/bos/disc/dgnotice.pdf

ENJOY THE WRIGGLING AND STALLING BY SMITH

Read the AG's narrative and weasel Smith's faxes.

I know I repeat myself but

PATHETIC

By: carmelbeach
01 Dec 2009, 04:14 AM EST
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4/3/07 REQUEST FOR ENTRY OF DEFAULT

http://www.state.nj.us/lps/ca/bos/disc/dgdefault.pdf

This is a rather amusing document in that it includes letters from Brian Smith, starting on page 24, purporting to detail his personal assets and those of Digital Gas. For Digital Gas he simply reprises various of the wonderful deals he had PRed (but never accomplished)and then repeatedly claims the NJ suit hinders their fruition.

This man is truly pathetic and this is truly a 'low rent' scam.

Also amusing is the correspondence and phone calls between Deputy Attorney General Gerold and a lawyer, Joel Korin, who claimed he had been retained but could never identify his client as either Brian Smith or Digital Gas.

EVERYTHING IS A STALL WITH BRIAN SMITH

By: carmelbeach
01 Dec 2009, 04:09 AM EST
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THE 10/10/06 NEW JERSEY COMPLAINT

SCANNED PDF COPY

Even though this is over now you can finally see a lot of interesting details of Smith's shenanigans.

http://www.state.nj.us/oag/ca/bos/disc/dgverified.pdf

By: carmelbeach
01 Dec 2009, 03:41 AM EST
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Sadly it seems that the stockholders are still behind Smitty or are awfully quiet. I beleive he has reveen like spell abilities. I think ye all are SOL