Perhaps some of you will find this helpful in formulating your own responses:
Response to Summons
April 19, 2007
In the matter of District Court of Oklahoma County, State of Oklahoma Case Number CJ-2007-3181
Styled “Bancorp International Group, Inc. versus [Defendant Name], et al”
To Whom It May Concern:
Now comes [Defendant Name], aka “Defendant [Defendant Number]”, who avers and asserts:
That the Defendant, [Defendant Name], states categorically and for the record that he does not personally know any natural person named Mario Pino, nor has he ever made the personal acquaintance of any such natural person named Mario Pino.
Further to the preceeding assertion, Defendant [Defendant Name] states categorically and for the record that he has never had any direct or indirect business dealings with any natural person named Mario Pino for any purpose whatsoever.
Further to the preceeding assertions, Defendant [Defendant Name] states categorically and for the record that he has therefore never entered into any form of conspiracy, collusion, or any other illegal act with said natural person named Mario Pino.
Further to the preceeding assertions, Defendant [Defendant Name] states categorically and for the record that he has never been in possession of any share certificate(s), genuine or fraudulent, representing ownership in and of Bancorp International Group, Inc.
Further to the preceeding assertions, Defendant [Defendant Name] states categorically and for the record that he has never requested delivery of any share certificate(s), genuine or fraudulent, representing ownership in and of Bancorp International Group, Inc. or undertaken any action which would have resulted in delivery of phyical share certificate(s), genuine or fraudulent, representing ownership in and of Bancorp International Group, Inc.
Further to the preceeding assertions, Defendant [Defendant Name] states categorically and for the record that the brokerage account in which the alleged fraudulent transactions took place was an account in which the standing instructions for matters such as share certificate delivery were specifically that certificates would not be delivered but that positions held in the account would be in the customary form of “street name” and, as such, Defendant [Defendant Name] was thus never more than a Beneficial Owner of shares in Bancorp International Group, Inc. the true Owner Of Record of the shares being the brokerage firm at which the account was maintained and in which said account said alleged transactions took place.
Further to the preceeding assertions, Defendant [Defendant Name] states categorically and for the record that the alleged transactions were made by him solely for the intent and purpose of obtaining a profit by the usual means such profit is made by the buying and selling of listed securities, sometimes referred to in the vernacular as “buy low, sell high”, and for no other intent or purpose, legal or illegal.
Further to the preceeding assertions, Defendant [Defendant Name] states categorically and for the record that having effected the alleged transactions through a reputable, well-known, NASD-licensed broker-dealer, said broker-dealer had the duty and responsibility to ensure the authenticity of the shares being purchased and/or sold. All alleged transactions were made by the Defendant via electronic means in which Defendant had no way of ascertaining the authenticity of the shares he was purchasing or selling, and was relying on the fiduciary duty, responsibility, and obligation of his reputable, well-known, NASD-licensed broker-dealer to conduct such inspection and review to ensure such authenticity during the customary, Federal Reserve mandated “T+3” settlement window for security transactions of this type.
Defendant [Defendant Name] now directs the Court’s attention to and invites the Court’s examination and consideration of the following Exhibits establishing, prima facie, the exact extent to which Defendant [Defendant Name] aka “Defendant [Defendant Number]” did engage and was involved in the buying and selling of Shares of Bancorp International Group, Inc., to wit:
Exhibit 1A: Trade Confirmation identifying PURCHASE of [Number of Shares] Shares of BCIT on August 9, 2005 in that certain account [Account Number] held in and at [Broker’s Name] Securities, LLC and whose owner is Defendant [Defendant Name].
Exhibit 1B: Trade Confirmation identifying PURCHASE of [Number of Shares] Shares of BCIT on August 12, 2005 in
that certain account [Account Number] held in and at [Broker’s Name] Securities, LLC and whose owner is Defendant [Defendant Name].
Exhibit 1C: Trade Confirmation identifying SALE of [Number of Shares] Shares of BCIT on August 26, 2005 in
that certain account [Account Number] held in and at [Broker’s Name] Securities, LLC and whose owner is Defendant [Defendant Name].
Exhibit 2: Pages 5, 6, and 7 of the Monthly Account Statement for August 1, 2005 to August 31, 2005, inclusive, of that certain account [Account Number] held in and at [Broker’s Name] Securities, LLC and whose owner is Defendant [Defendant Name], said pages of said Statement providing clear and unambiguous detail of the aforementioned Exhibits 1A, 1B, and 1C and the residual status of positions held in the shares of Bancorp International Group, Inc. on August 31, 2005, at which time the shares of Bancorp International Group had been halted by regulatory action.
Exhibit 3: Pages 5, 6, and 7 of the Monthly Account Statement for February 1, 2007 to February 28, 2007, inclusive, of that certain account [Account Number] held in and at [Broker’s Name] Securities, LLC and whose owner is Defendant [Defendant Name], said pages of said Statement providing clear and unambiguous detail of the residual status of positions held in the shares of Bancorp International Group, Inc., the shares of Bancorp International Group, Inc. being still halted by said regulatory action taken in August of 2005.
Defendant [Defendant Name], therefore, engaged in and thus caused a purchase of [Number of Shares] shares of BCIT on August 9, 2005; a purchase of [Number of Shares] shares of BCIT on August 12, 2005; and a sale of [Number of Shares] shares of BCIT on August 26, 2005, which said sale was specifically identified as off-setting the purchase of [Number of Shares] shares on August 12, 2005. Defendant [Defendant Name]’ Monthly Account Statement for that certain account [Account Number] held in and at [Broker’s Name] Securities, LLC for the period of August 1, 2005 to August 31, 2005 clearly shows that no request for delivery, deposit, or re-deposit of physical certificates representing ownship of and in Bancorp International Group, Inc was ever caused or initiated by or on behalf of the Defendant [Defendant Name].
As a result of these transactions, Defendant [Defendant Name] held on August 31, 2005 and continues to hold to this day, April 19, 2007, in his account [Account Number] held in and at [Broker’s Name] Securities, LLC those certain [Number of Shares] shares of BCIT purchased on August 9, 2005, shares held in “street name” as Beneficial Owner by [Broker’s Name] Securities, LLC and shares for which delivery in certificate form has never been requested by Beneficial Owner, the Defendant [Defendant Name].
Now, therefore, having asserted and exhibited clear and unambiguous statements and documents of material fact in this matter, Defendant [Defendant Name], aka “Defendant [Defendant Number]”, completely and categorically rejects all of Plaintiff’s allegations.
The Defendant [Defendant Name], aka “Defendant [Defendant Number]”, is sympathetic to Plaintiff’s plight but suggests with all due respect that Plaintiff seek its relief elsewhere. It shall find none here.
The Defendant [Defendant Name], being sympathetic to Plaintiff’s plight and understanding Plaintiff’s reasons for pursuing this Action, urges the Court to act with all possible expediency in resolving this matter, including but not limited to directing that trading in shares of Bancorp International Group, Inc. be allowed to resume without further delay; and that those whose obfuscation, intransigence, and disingenuity caused this sorry set of circumstances to occur are dealt with in an appropriate manner, with appropriate consequences and outcomes.
[Defendant Name]
Defendant [Defendant Number]
