Field Reports1 Apr, 2007 By: Thomas Haire, Courtney Beth Pugatch Response
Casey's counterclaims allege that Cirtran engaged in fraud, trade libel, slander and breach of an exclusive manufacturing contract. Casey's legal team also contends that Ho filed patent applications on the product wherein Ho falsely claimed to be the sole inventor and owner of all rights to the Ab-King Pro. Casey also contends that he holds the legal document on which Ho signed, "his rights away for the Ab-King Pro and the Ab-Away Pro for a payment," as well as "proof of the wire transfer and an E-mail acknowledging [Ho] received it."
Casey alleges, "Ho has a history of filing patents on products which he did not create and does not own." Casey also says that his company and partners spent hundreds of thousands of dollars developing and marketing the Ab-King Pro, and contends that Michael Casey Enterprises or its licensees own all patent rights to the Ab-King Pro.
"We paid Mr. Ho $250,000 for the original patent in 2001, but he never informed Cirtran ... the recurring theme with Ho is that once you show him your design so he can make a prototype in China, he runs to patent offices in Asia, Europe and the U.S. and files a patent asserting his claim to the invention," Casey contends.
Casey also claims that Cirtran said it fired him from its board of directors for "lack of performance," sending out a press release and filing a quarterly Form 10Q with the Securities and Exchange Commission (SEC) to that effect in 2005. He contends that he holds a copy of his resignation letter, which proves he was not fired.
At the same time, Casey contends that similar legal themes recur with Cirtran, as well. When Response contacted representatives of DRTV giant Guthy-Renker Corp., to ask about possibly similar legal issues with Cirtran, a Guthy-Renker spokesperson would only say, "Currently, we are in litigation with Cirtran, and it is our policy to not comment on issues while they are in ongoing litigation."
When Cirtran's founder and president Iehab J. Hawatmeh, was contacted for this story, the company's law firm, Durham Jones & Pinegar of Salt Lake City, responded that the company's policy is "not to comment on pending litigation ... the company will make it's case in court and is confident in its position."
Industry Veteran Mick Rispoli Opens Advanced Processing Group
EL CAJON, Calif. — Long-time direct response industry payment processing expert Mick Rispoli recently founded Advanced Processing Group (APG). Rispoli, who spent time at Cambridge Commerce and TransFirst ePayment Services, says that the opportunity to create his own business was too good to pass up.
"During my time with my previous employers, I was able to learn how best to deliver secure and innovative solutions in the payment processing realm," says Rispoli. "Now, with APG, I am looking to build upon that with my own special brand of personalized customer care and a wide array of cutting-edge products for the DR marketplace."
Rispoli adds, "Henry Ford once said, 'You can have it any color you want, as long as it is black.' APG realizes you need more than one choice in today's ever-changing processing market."
The APG management team's goal is to provide a customized processing solution that results in client success. Rispoli says, "APG pledges to create a capture process that allows your customers to pay with ease and also offers them all the different options that are available in the industry today."