Complaint Review: Giga Entertainment Media

Well, Gigs rogue board filed bankrupty in James Massa home Kentucky. The crooks are now buying assets like SELFEO free of creditor and shares claims and no personal liability for pennies.

OUr millions in investment goes up in smoke.  Board shold be proscuted and sent to jail.

Giga shares never get to elect board. For last few years super voting prefrred shares (75 million votes) owned by Morello and maybe others got to.  Before that Nerlinger appoint board.  Never elected.  If board rogue its calling meetings to bankrupt compeny no good.  Theyll just lie anyway so donnot believe them. 

The docs. they send me in Febrary to invest more had board as Dr. Robert Morello/chair, Dr. Brent Harris, Milton Langer, Arthur Mellon, James Smith, John Price, Dr. Scott Lloyd, Serge Abend, Cindy Meengs, James Massa/CEO, Eddie Huey/CTO, Gordon Garrett/CTO. 

Invstor relations taking our money not real brokers Carmen Weingrad, MikieDestefano.  Also Jim Hock/Hanover Int. Invsr.Relats., Andrea Catanoe/Shphere Mullin securities counsel, Abe Pafford/Arent Fox/Giga general lawyer, Bob Anelo SEC compliance, Marc Goetz/CPA, Lou Grassi & Comp. PCAOB audit,   They ruineng Giga.  I dodge bullet and not investe.

Just looked at Nims new case against Giga.  First time in 2016 he sued them in Neb. but got dismissed cause no jurisdiction there.  Then new management & they settle with him in April 2019 and agree to payments and if none Nim can sue in Nebrska.  They stiff him so he sue Gige on 6-4-19 in NE in Sarpy County Dist. Ct. CI19----1013. 

Dr. Morello and James Massa illegally moved GEM to Massa's home town of in Lexington, KY at (((REDACTED))), Fayette County, KY  (((REDACTED))).  https://www.yellowpages.com/lexington-ky/mip/giga-entertainment-media-547719078  Even if move legal not long enough for GEM to file bankruptcy in KY--have to do it in NY.  Crooks can run but can't hide.

Derivative lawsuit against management:  https://en.wikipedia.org/wiki/Derivative_suit

Gary Nerlinger and his gang for 20 years lived high off the hog from DBC and GEM investor money.  In October 2018 the SEC found they defrauded investors and kicked them out.  To still illegally keep control they created 1 million super voting preferred shares having 300 votes each to 1 vote per common share.  GEM's chairman Dr. Robert Morello owns 75 million super shares (75 million votes) and the common shares have only 70 million votes.  Though on paper Morello controls GEM by appointing the board and management, he's probably just a straw man answering to Nerlinger.  None of this was ever disclosed to old or new investors.

Nerlinger and these shady past and present officers and directors (insiders) took huge salaries, ran up debt, and now want to bankrupt GEM.  They'll buy GEM's patents in bankruptcy for pennies on the dollar, which will not be enough for creditors and nothing for shareholders.  They'll go on to start a new company, just like when they dumped DBC and many of its stockholders and formed GEM.

Don't believe their lies!  Vote NO on July 2 to management's self-enriching proposal to bankrupt GEM.  Demand they call a general shareholder meeting to elect a real board, and give shareholders accurate financial statements and other disclosures.  Since on paper Morello totally runs GEM, demand answers of him (rmorello@stny.rr.com; 1-607-734-2984).  Shareholders may also decide to get together and sue GEM insiders (derivative suit or in bankruptcy) and make them pay investors back.   

About 70 million shares out there 1 vote each. 250,000 SUPER VOTING PREFERRED SHARES owned by Robert Stephen Morello eye doc. works in Elmira and lives in Horseheads, New Yorks.  Possible were other prefr. owners. 

Do math--70 milliion votes for commons, and 75 milion (300 x 250,000) for Morello.  He chair board, appoints all managers, in total control.  Massa, Huey, Harris, Garret, and other lapdogs do what he says.  Probably got secret illegal deals with Nerlinger and other ghoost owners. 

Bkryptc., govment., shrldr., creditor suits to get to bottom of thiswith subpeneas. Demand answers--- rmorello@stny.rr.com 1-607-734-294. 

Nevada docs. show in Septem. 2016 directors and stockholders supposedly added 1 million SUPER VOTING PREFERRED SHARES each having 300 votes to our common share 1 vote.  Docs. only signed by Larry Silver.  I never got to vote on this and bet rest of us little shares didn't either.  More lies for Nerlinger and his cronies to freeze us out cause our votes mean nothing.

Continues under MOrello, Massa, Huey, Harris and their gangstas.  New investors never told about SUPER SHARS.  If these clowns bankrupt Giga they be forced personally to pay us back.  I keep diggin like find out who has and owns SUPER SHARES and control Giga without us.   

Some of these are Dr. Morello owns a home, property, and medical practice in New Rochelle, NY.  Dr. Brent Harris owns home, property, practice in Tyler, TX.  James Massa owns home, property, and Supergrow, LLC in Lexington, KY. 

I will find what others got.  We investors to make em make Giga work or pay us back if Giga go belly up.  Demand justice!!!

I dig deeper and if Giga go bankrupt us investors get nothing.  Creditors get paid first.  Looks like they settled most lawsuits and probably paying them off.  They settle with Nimmer but stiffed him so he just sued them in Nebaska Sarpy County Dist. Ct. (CI19-1013) for $700,000. 

Giga selling patents in bankruptcy won't be enough to pay creditors then nothing left for us investors.  Looks like Nerlinger, Massa, Morello, Huey, and rest of the Gega good old boys plan on stiffing creditors and us shareholdes in bankrutcy, then buying back patents cheap and starting a new company.  Crooks! 

Nerlinger and his gang lied about SELFEO downloads to get us to keep investing then got busted by the SEC.  New management (Massa, Morello, Huey and others) then kept us investing by saying they'd cleaned things up and were making money.  Lies!!! 

Now after making huge salaries they want to bankrupt Giga. In bankruptcy insiders (like Massa, Morello, Huey, Harris, Garrett, Langer, Price, Nerlinger, Noska, Silver, Colucci) can be made to pay back what they got in the last year.  We stock owners need to force this.

Not sure whos behind it but I’ve been threatened if I talk any more about Giga Ent. so I’m shutting off my email.  Alan Beradino.

Don’t invest with these guys!  SEC case didn’t change anything.  Still selling lots of illegal stock.  Don’t have to prove you’re accreded or suidable. Still promising IPO.  Still not giving much company info.—just vague promises. I was gonna invest and they made me pie in sky offer, but when I asked for more. info.

like on IPO, making money or not, ap. sales, lawsuits, SEC case, DBC/Giga Ent. changeup, where’s Gary Nerlinger, financial reports they suddenly clamped up.  Nerlinger still around as minority shareholders but I bet doing a lot more. There new CEO James Massa no different--was sued in Misssouri for mismanaging and cheating another businesss Greasel Conversions.

Giga don’t tell us how much but he only comes in if gets a ton of stock that waters down ours. Dodged a bullet.  Beware!  I got their latest invest. papers.  alanberadino82@gmail.com

Thanks Paul for stating the obvious. I also invested in that start up company where GEM Agreed to Develop and Market us over a 3 year period. They dangled enough carrots to keep everyone excited but not one thing in that Agreement was ever fulfilled. I do know they used us to raise money for them however. When will there dishonesty and wanton disregard for others ever end.

Based on history most of what you invest in Giga will go to defend claims and lawsuits, or “administrative” expenses.   They’ve never made a profit and never will.  Buying private shares from Nerlinger and and his cohorts will go to pay their SEC fines and lawyers.  Stay away from that money pit!

It just so happens that I am also a shareholder at the plaintiffs company .For three years we heard about Giga making money and marketing of our product would begin.The only reason I invested was based on that agreement. Now myself and 50 others are out of our hard earned money.Giga probably thought they were only screwing over the company but can’t see all the damage they caused to others that were believing in their American dream.

A dream of taking honestly earned money , investing in something they believed in to watch it grow. Instead we were locked into a contract , a contract that we respected and upholded to.We missed out on other opportunities because we honored this agreement . Stay away from Giga Entertainment!

Giga's former attorney John Nimmer plans on refiling his lawsuit against them for $585,400 plus interest and costs at the earlier of:  (a) Giga proceeding with an IPO; (b) The expiration of the statute of limitations (plenty of time left).  Nebraska declined jurisdicition over the original suit but "without prejudice" to refiling in New York (Giga's home office which has jurisdiction).

Giga Entertainment Media is again being sued for $5Million Dollars and unspecified damages filed in Suffolk, New York in January 2019. GEM has a history of failing to execute there terms of legal binding Agreements and are ineffective in the support of the company's they enter into contract with.  Finally, after years of promises and neglect the plaintiffs company is facing bankruptcy and forced to recoup its losses.

  It is also widely known that GEM is asking it's own Shareholders to Reinvest in the Company in order to raise money for an ongoing attempt to finally IPO. If GEM cannot even treat a small start up business fairly how can it possibly treat its Shareholders and the public any better.

SEC Charges Giga Entertainment Media, Former Officers and Directors with Fraud in Pay-For-Download Campaign Litigation Release No. 24355 / November 16, 2018 Securities and Exchange Commission v. Giga Entertainment Media, Inc. et al., Civil Action No. 1:18-cv-06511 (E.D.N.Y. filed November 15, 2018)

The Securities and Exchange Commission yesterday charged Giga Entertainment Media Inc. and five of its former officers and directors-Gary Nerlinger, Jarret Streiner, Lawrence Silver, Alfred Colucci, and Charles Noska-with fraud in connection with a scheme to mislead investors.

According to the SEC's complaint, between February and August 2016, the company bought at least 559,662 downloads from outside marketing firms to boost the profile of the company's mobile app, SELFEO. These firms provided Giga with a shortcut to propel its app to the top of the Apple Store download rankings. But instead of disclosing the real cause of the app's artificial meteoric rise, the company misled its shareholders into believing that this success was due to traditional marketing tactics like billboards and radio advertisements. The complaint alleges that when the company stopped paying for downloads in August 2016, the app's rankings on the Apple Store plummeted. Rather than come clean about the fact that the spike in downloads was a result of paid download campaigns, the company, Nerlinger, Streiner, and Colucci lied and told shareholders that the number of downloads continued to grow at the same high rate. Further, Nerlinger, Silver, Colucci, and Noska lied and falsified documents to conceal Nerlinger's role as Giga's de facto CEO to prevent the investors from discovering his prior criminal conviction for mail fraud.

The SEC's complaint, which was filed yesterday in federal court in Brooklyn, charges: (i) Giga, Nerlinger, Silver, and Colucci with violating Section 17(a) of the Securities Act of 1933 and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder; (ii) Noska with violating Section 17(a) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5(a) and (c) thereunder; (iii) Streiner with violating Section 17(a)(2) of the Securities Act, Section 10(b) of the Exchange Act and Rule 10b-5(b) thereunder, and aiding and abetting Giga's violations of Section 17(a)(2) of the Securities Act and Section 10(b) of the Exchange Act and Rule 10b-5(b) thereunder; and (iv) Giga with violating Sections 5(a) and 5(c) of the Securities Act. Without admitting or denying the findings, Giga, Nerlinger, Silver, Colucci, Noska, and Streiner consented to the entry of an SEC order finding that they violated the antifraud provisions, and a finding that Giga violated registration provisions of the federal securities laws. Colucci and Noska each agreed to a $25,000 penalty, and Streiner agreed to a $15,000 penalty. In addition, Nerlinger, Silver, and Colucci each agreed to a permanent officer and director bar, and Streiner agreed to a five-year bar. The settlements are subject to court approval. The court will determine what penalty Silver will pay and what disgorgement and penalty Nerlinger will pay.

The SEC's investigation was conducted by Christopher R. Mathews and Edward B. Gerard and supervised by J. Lee Buck II in the Washington, DC headquarters. Nicholas A. Pilgrim will serve as the trial attorney.

Nimmer should tell us all about DBC.  Attorney privacy privilege applies to Giga, but DBC no longer exists.  Pointing to his lawsuit docs. not good enough.  He was round a long time & knows alot.  DBC investors want answers!

Are the original investment offering documents available to public here on line?

In October 2014 Giga issued a statement saying its license from the United States Federal Communications Commission (FCC) as a Multichannel Video Program Distributor (MVPD) provides consumers access to all available free TV and online content as well as non-subscription video available on the Internet.  http://www.prnewswire.com/news-releases/fcc-license-allows-giga-entertainment-media-to-provide-access-to-free-online-and-licensed-premium-live-content-social-media-and-collaboration-with-individuals-and-groups-on-tablets-and-mobile-devices-anywhere-anytime-simultan-279134991.html  But according to the FCC DBC had a license that expired in 2011, but Giga’s never had one.  http://wireless2.fcc.gov/UlsApp/UlsSearch/searchLicense.jsp  

If Giga doesn’t work out things with creditors it could be forced to file Ch. 11/reorganization or Ch. 7/liquidation bankruptcy.  That’s bad for shareholders ‘cause creditors get paid before owners.  Creditors like Maizlish, Musk and Nimmer probably go to the head of the line ‘cause of employee wage claims for Maizlish and Musk and Nimmer’s got a couple of fraud claims.  Bosox, Outfront Media, and other regular creditors come next, and shareholders last.  Maybe in bankruptcy somebody would buy Giga’s patent but probably there wouldn’t be enough to go around for everybody. 

Maybe one or more Giga shareholders should demand Giga’s board fire Nerlinger, set up elections for a new independent board, demand the board try to settle all these lawsuits, and if not file a derivative suit to make them do so.  https://en.wikipedia.org/wiki/Derivative_suit There’s a lot already that can be used from Nimmer’s lawsuit and even though he won’t answer questions but just points to his lawsuit docs, he might be made to answer a subpoena in a derivate suit?  Giga and DBC shareholders may wish to LAWYER UP.

Even if Giga managed to get its shares listed so they could be bought and sold, the stock price would be worthless with all these lawsuits.  No amount of ap users or subs would change that.  No reputable investment banker would want to take Giga public.  No company would buy out Giga.  This is Nerlinger’s legacy.

Despite the author’s second suggestion I may be contacted about my lawsuit against GEM, as I posted yesterday I again request you not contact me directly.  Therein I already provided links to public lawsuit documents.  If you need anything else you will have to get those from the Nebraska courts. 

As for the author’s request I and other litigants should be reasonable in settling our cases against GEM, without elaborating further I will generally say I have made settlement offers to GEM but those have not been responded to.  As the saying goes “I will not bid against myself.” 

TIME AND MONEY—Lawsuits not only cost a lot of investor money but take away managements time from moving forward.    

GAME OVER FOR GIGA?—Statements and positions* taken by Giga in present lawsuits could be held against Giga in future cases.  Worse yet if a court decides things against Giga in a lawsuit, those things would probably be held against Giga in future cases** brought by investors or the government. 

LIVE TO FIGHT ANOTHER DAY?  However, if a case is settled nobody admits anything which can be used against them down the road.  Might want to contact the lawyers on the current Giga cases and demand they all grow up and settle there differences for Gigas and investors good. 

Giga lawyer on Maizlish, Millenium Capital, Weisbrot, and Musk—Jason Rebhun 646-201-9392 jason@jasonrebhun.com

Lawyer for Maizlish, Millenium, and Musk—Efrem Schwalb 646-553-1590 eschwalb@koffskyschwalb.com

Igor Weisbrot 954-648-4860 igor.weisbrot@gmail.com

Lawyer for Giga v. Nimmer Clarence Mock 402-685-5647 cmock@johnsonandmock.com

John Nimmer 402-345-8040 law@nimmer.omhcoxmail.com

Lawyer for Outfront Media Claudio Iannitelli 602-952-0415 cei@cimlaw.com  No Giga lawyer on that case but could try Giga’s internal guy Abram Pafford 434-528-6508 info@pafflaw.com

Lawyer for Bosox Azure Aronsson  617-371-1008 aaronsson@collorallp.com   No Giga lawyer on that case but could try Giga’s internal guy Abram Pafford 434-528-6508 info@pafflaw.com

*A party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit, which is offered as evidence against that party.  https://en.wikipedia.org/wiki/Party_admission

*Judicial estoppel (also known as estoppel by inconsistent positions) is an estoppel that precludes a party from taking a position in a case that is contrary to a position it has taken in earlier legal proceedings.   https://en.wikipedia.org/wiki/Judicial_estoppel

**Collateral estoppel refers to the common law rule that bans a person from suing, or “re-litigating,” an issue, after the court has decided that issue. This means that any issue of fact, or of law, decided in one case cannot be re-decided in another case that involves any party to the previous case. This does not bar the new lawsuit, but the decisions of fact or law that were made as part of the prior valid ruling would have to be adhered to in the new lawsuit.  https://legaldictionary.net/collateral-estoppel/

GIGA

1. Sued by Bryan Maizlish (Giga’s former CEO) 606646/2015 Nassau County Supreme Court in 2015, moved to arbitration

2. Lost suit by Millenium Capital Corporation 607124/2015 Nassau County Supreme Court in 2015, but now appealing 2016-10468

3. Suing Igor Weisbrot 603720/2016 Nassau County Supreme Court in 2016.

4. Sued by Daria Musk 606440/2016 in Nassau County Supreme Court in 2016.

5. Sued by Steve Dorfman in 2014 SC-002834-14/NH Nassau County NY District Court 

6. Sued by John Nimmer in NE CI16-773, on appeal about NE jurisdiction A17-70

1. According to a March 28, 2017 Boston Business Journal article, just sued by the Bosox in MA for $7.5 million for not paying for Selfeo outfield advertising.

2. Just sued by Outfront Media in Maricopa County, AZ probably again for not paying its bills.  http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2017-004994

DBC

Nassau County District Court

1. AirCable of Roanoke (run by DBC) sued by Gregory Rosenfeld CV-004342-02/NH

2. Sued by Nancy Beth Simpson CV-011295-98/NY

3. Sued by Hubert Hecht, MD CV-060248-03/NY

4. Sued by Printing House Press CV-019680-11/NY

Nassau County Supreme Court

1. Sued by James Eppinger in Putnam County Supreme Court 001245/1999  

2. Sued by Lyon Financial Services in Nassau County Supreme Court 002300/2002  

3. Sued by Netcom Cabling in Nassau County Supreme Court 006625/2004  

4. Sued unsuccessfully their investment banker Ladenburg Thalmann in New York County Supreme Court  117041/2005  

Douglas County, Nebraska (taken from Nimmer’s lawsuit)

1. The Omaha Printing Companies v. Sky Cable Limited Liability Company, CI 93 9187517 (Douglas County Court)

2. Metro-Com, Inc. v. Sky Cable Limited Liability Company, CI 10 9190128 (Douglas County District Court)

3. Metro-Com, Inc. v. Sky Cable Limited Liability Company, CI 10 9192370 (Douglas County District Court)

4. Federal Express, A. Corp. v. Sky Cable Television of Omaha, CI93 9204539 (Douglas County Court)

5. Cervantes v. Digital Broadcast Corporation, et. al, CI10 9040043 (Douglas County District Court)

6. Gerd K Semmelroggen v. Ronald J Abboud, CI 10 9309705 (Douglas County District Court) *Semmelroggen a representative plaintiff for Sky Cable equity owners.  Litigation financed and directed, subject to plaintiff’s approval, by Sky Cable.

7. Semmelroggen v. Abboud, 8:96-cv-00364 (US Dist. Ct. for the Dist. of Nebraska).  *Semmelroggen a representative plaintiff for Sky Cable equity owners.  Litigation financed and directed, subject to plaintiff’s approval, by Sky Cable.

8. Metro-Com, Inc. et. al. v. Sky Cable Limited Liability Company, 8:96-cv-00362 (US Dist. Ct. for the Dist. of Nebraska)

   Roanoke County, Virginia

1. DBC’s local operation AirCable sued by Media General Broadcasting GV08000768-00 Roanoke County

2. AirCable sued by Carillion Medical Center GV03010703-03 and GV03010703-04 Roanoke City

3. AirCable sued by BCS/RACO LLC GV06019890-01 and GV06019890-02 Roanoke City

4. AirCable sued by Teletrac GV06013050-00 Roanoke City

Federal Court

1. Sued by Bellagio Insurance vawdce 7:2003-cv-00557, lost case and lost appeal 04cae 05-1469

2. Sued by StevenTurner ex CEO vawdce 7:2010-cv-00559 

3. Sued by Clearwire Spectrum Holdings vawdce 7:2007-cv-00135 

4. Sued Salem City School Board vawdce 7:2007-cv-00102 

I am John Nimmer, a former attorney for Giga Entertainment Media, Inc. (“GEM”) and its predecessor Digital Broadcast Corporation (“DBC”).  With respect to the March 28, 2017 GEM postings on www.ripoffreport.com (Report # 1364507), I see that on April 24, 2017 GEM said in a Rebuttal Response “With respect to the comments posted on this site concerning GEM and its management, it is apparent that many of the assertions made in the initial post are drawn from a Nebraska lawsuit filed by an individual who had previously provided legal services to the company, and had in years past represented Digital Broadcast Corporation.  GEM’s motion to dismiss this lawsuit was granted, and the lawsuit was dismissed by the Sarpy County District Court in Nebraska on January 11, 2017.  Although the plaintiff has appealed, GEM fully expects that the Nebraska Court of Appeals will uphold the earlier dismissal.”  I notice that the author posted (dated April 18?) “It is true I got a lot of information for my original post from a lawsuit in Nebraska by one of Giga’s former lawyers, but not everything.  There are also NY suits against Giga.  Follow up posts about problems with Giga, Nerlinger, Streiter, Meyers/Windsor, and others came from other sources I have provided.  Accessing online NY cases and other information is mostly free, but the NE case isn’t.  Giga is right the NE case is on appeal because the trial judge questioned whether he had jurisdiction in NE over a NY company like Giga, but the actual $600,000 in claims against Giga have not been decided. If Giga loses the appeal the case goes on in NE, but if they win the appeal the case against it would probably be refiled in NY.  You should not believe what Giga says but check the sources yourself.  For the NE case, maybe Giga’s lawyer there Clarence Mock (cmock@johnsonandmock.com) or the lawyer suing Giga John Nimmer (law@nimmer.omhcoxmail.com) might give you lawsuit documents?  It can’t hurt to ask.  Be smart, do your homework!!!!!!!”

The author is correct that the trial court did not reach the merits of the lawsuit, the matter of “personal jurisdiction” of Nebraska over GEM is presently on appeal, if GEM loses on appeal the merits will be decided in Nebraska, and if GEM wins on appeal the case will be refiled in New York where the merits will be determined.  Absent a settlement, which GEM has refused to consider, this matter is likely to continue for a long time.

Those interested in this case, which is a matter of public record, may decide based on the Rip Off Report author’s suggestion to contact me and/or GEM’s attorney Clarence Mock in lieu of paying $15 to access the trial court documents, and an additional $15 to access the appellate court documents.  However, please understand for several reasons I cannot possibly respond to all those inquiries and I request you NOT contact me directly about GEM.  Instead I am providing links to the following:

1. Trial court documents (the current lawsuit is titled “Verified Amended Complaint” and is on pages 156-190; and Exhibits A – J to the lawsuit are on pages 60 – 151): https://drive.google.com/file/d/0By3QjCBKQ62vMlhRWk9WMjl3SEU/view?ths=true

2. Plaintiff’s brief on appeal why Nebraska has jurisdiction over GEM:  https://drive.google.com/file/d/0By3QjCBKQ62va3p2RjhVTUdIUnM/view?ths=true

If the links do not work then clip and paste them into your brouser.

Sincerely,

John Nimmer

After reading Nimmer's lawsuit it's obvious Giga's just a continuation of DBC run by Gary Nerlinger and his yes men.  That means ALL DBC shareholders should be Giga shareholders--not just the ones Nerlinger hand picks--and Giga's responsible for all DBC's debts.  Over 20 years of financial irresponsibility, constant expensive lawsuits, and overall incompetence is enough.  Nerlinger and his cohorts gotta go if the company's ever going to make it.

Gary Nerlinger’s track record of running Giga speaks for itself.  Examples are,

1. In September 2014 Nerlinger signed as founder of Giga a contract with Brian Maizlish to be Giga’s CEO.  Giga’s now being sued in arbitration by Maizlish for $3 million plus 5% of Giga’s stock.

2. Giga was sued in NY by Millenium Capital for $42,000 and 300,000 Giga shares settling a dispute under a September 2014 agreement signed by Nerlinger as founder.  Millenium won, but Giga’s appealed.

3. Giga was sued in NY by Daria Musk under a December 2014 agreement for $1,650,000 plus 50,000 Giga shares.  Case is ongoing.

4. Hiring and keeping on Meyers Associates/Windsor Street Capital as Giga’s investment bankers when they have a long record of wrongdoing that could hurt Giga.

5. Not heeding legal advice of their former lawyer John Nimmer, and after he resigned being sued by him in NE for $600,000.

6. Giga hired Igor Weisbrot in March 2016 as an Investment Advisory Officer.  Giga’s sued Weisbrot in NY for $350,000 due to Weisbrot deceiving Giga by not being qualified for the job and being incarcerated most of the time—supposedly where Giga was ignorant of all this.

7. Incurring debt Giga could not afford like Bosox outfield advertisements for 3 years at $2.5 million per year, being unable to pay it, and now being sued in MA by the Bosox for $7.5 million.

Giga will never prosper as long as Nerlinger’s calling the shots, binding Giga to expensive and nonsense contracts, and litigating all over the place instead of paying Giga’s bills.  Shareholders deserve better and should contact the board of directors through Giga’s lawyer Abram Pafford (info@pafflaw.com) and demand Nerlinger be fired as Giga’s consultant boss.  If no board has been elected for over a year, that should also be insisted on. 

According to a March 28, 2017 Boston Business Journal article, “The Red Sox have sued Giga for failing to live up to its advertising contract with the ball club. The Long Island, New York, company owes the Sox $7.5 million, according to the lawsuit filed in Suffolk County Superior Court last week. . . .  Giga, the company behind the selfie-video app Selfeo, entered into a three-year advertising and sponsorship agreement with the Sox in January 2016, the lawsuit said. The agreement included ads for the company on Fenway Park’s Green Monster, behind home plate and on the back of Sox tickets, as well as TV and radio advertising during Sox games. The company was supposed to pay the team $2.4 million for the 2016 season, but as of the beginning of March it had paid just $150,000, according to the lawsuit. After giving Giga a written notice of non-payment, the Sox terminated the contract on March 1, canceling Giga’s ad rights for the 2017 and 2018 seasons, the lawsuit said. Once the contract was canceled, the Sox demanded the full amount owed under the three years of the agreement, plus a late fee of 1.5 percent per month. Representatives for Giga could not be immediately reached for comment on the allegations.” Again this is another example of a bad decision by Mr. Nerlinger in incurring for Giga unnecessary and costly financial obligations like $7.5 MILLION for outfield billboards, then not paying, but instead opting for expensive litigation instead of settling claims. 

Giga says in its rebuttal “GEM is proud of the products it has developed, the progress it has made in attracting hundreds of thousands of users to its social media applications over a short period of time, and the substantial potential value that exists for GEM’s present and future investors.”  Read between the lines—the references are to USERS not paying subscribers, and substantial POTENTIAL value whatever that means.  All this equals still NO PROFITS to pay to investors.  Don’t buy the spin, ask them to clarify and back up what they say.  Good place for investors to start might be asking Giga’s CPA Marc Goetz (1-516-326-8282 Goetz@rlvgcpa.com ) for financial statements. 

Giga was also just sued by Outfront Media in Maricopa County, AZ probably again for not paying its bills.  http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2017-004994 As long as Nerlinger’s at the helm too much investor money will keep going to fight litigation Giga caused by not paying its bills.  

This response is submitted on behalf of Giga Entertainment Media, Inc. (“GEM”), its Board of Directors, its employees, and its shareholders.  The company is not usually in the habit of engaging with anonymous commenters on the Internet, but a number of shareholders have contacted the company concerning the recent postings on this website.  GEM welcomes contact from those interested in learning more about the company’s operations and the opportunities available as a result of those efforts.  The company’s website can be found at www.gigaentertainmentmedia.com, and contact information for key GEM personnel are listed below.

With respect to the comments posted on this site concerning GEM and its management, it is apparent that many of the assertions made in the initial post are drawn from a Nebraska lawsuit filed by an individual who had previously provided legal services to the company, and had in years past represented Digital Broadcast Corporation.  GEM’s motion to dismiss this lawsuit was granted, and the lawsuit was dismissed by the Sarpy County District Court in Nebraska on January 11, 2017.  Although the plaintiff has appealed, GEM fully expects that the Nebraska Court of Appeals will uphold the earlier dismissal.

GEM is proud of the products it has developed, the progress it has made in attracting hundreds of thousands of users to its social media applications over a short period of time, and the substantial potential value that exists for GEM’s present and future investors.  Anyone who has questions or an interest in investing, is invited to contact one of the individuals listed below to obtain more information concerning the company.    

GEM Contact Information:
info@giganettv.com

Al Colucci
Chairman of GEM’s Board of Directors
(610) 623-5420
alcolucci@giganettv.com

Charles Noska
Director of Investor Relations
(215) 285-0912
cnoska@giganettv.com

Mike Destephano
(887) 350-1770
mdestephano@giganettv.com

It is true I got a lot of information for my original post from a lawsuit in Nebraska by one of Giga’s former lawyers, but not everything.  There are also NY suits against Giga.  Follow up posts about problems with Giga, Nerlinger, Streiter, Meyers/Windsor, and others came from other sources I have provided.  Accessing online NY cases and other information is mostly free, but the NE case isn’t.  Giga is right the NE case is on appeal because the trial judge questioned whether he had jurisdiction in NE over a NY company like Giga, but the actual $600,000 in claims against Giga have not been decided. If Giga loses the appeal the case goes on in NE, but if they win the appeal the case against it would probably be refiled in NY.  You should not believe what Giga says but check the sources yourself.  For the NE case, maybe Giga’s lawyer there Clarence Mock (cmock@johnsonandmock.com) or the lawyer suing Giga John Nimmer (law@nimmer.omhcoxmail.com) might give you lawsuit documents?  It can’t hurt to ask.  Be smart, do your homework!!!!!!!

According to SEC filing, here are the 2015 management of Giga at the time it was offering hand-picked DBC owners Giga shares for DBC ones:  https://www.sec.gov/Archives/edgar/data/1584319/000158431915000002/xslFormDX01/primary_doc.xml

1. Lawrence Way Silver—executive officer, director, promoter

2. Alfred Colucci—executive officer, director, promoter

3. Riva Wilkins—executive officer, director

4. Jarrett Streiner—executive officer

5. Eddie Huey—executive officer

6. Stephen Pulisic—executive officer

7. Carmen Weingrad—executive officer

8. Anthony Castiglia—director

9. Brent Harris—director

10. Robert Morello—director

11. Akira Tajiri—director

12. Harinder Gill—director

Maybe they have answers, but probably not since Nerlinger shares information on a need to know basis.

Giga’s consultant Gary Nerlinger, not Giga’s unelected board, calls the shots and alone decides where investor money ‘s spent.  He is paid well, as are other Giga employees who sell Giga stock.  Investors aren’t always told details of how their money’s spent, or about Giga’s management and Nerlinger’s involvement.  This includes those who were offered Giga stock for DBC shares in 2015.

Giga Contacts

1. Al Colucci  1-610-623-5420  alcolucci@giganettv.com         

2. Riva Wilkins   1-516-622-2225 rwilkins@giganettv.com     

3. Abe Pafford/Giga’s lawyer   1- 434-528-6508  apafford@pafflaw.com

4. Meyers Associates/Windsor Street Capital/Giga’s investment banker  Francine Lanaia 1-800-606-4400   flanaia@windsorstreetcapital.com

Securities and Exchange Commission   www.sec.gov

New York Attorney General (Giga’s home state)  https://ag.ny.gov/

Your state regulator www.nasaa.org

Buyers of Giga stock never told Giga’s CEO/President went bankrupt in 2010, http://www.bankruptreport.com/fl/fort-lauderdale/streiner-jarret   

BRUCE MEYERS, https://brokercheck.finra.org/individual/summary/1045447 

MEYERS ASSOCIATES—WINDSOR STREET CAPITAL, https://brokercheck.finra.org/firm/summary/34171 

GIGA’S BEHIND THE SCENES BOSS GARY NERLINGER, http://law.justia.com/cases/federal/appellate-courts/F2/862/967/20821/      

Bad broker dudes who’ve helped sell Giga stock are Bruce Meyers: (https://brokercheck.finra.org/individual/summary/1045447) ; and Meyers Associates/Windsor Street Capital ( https://brokercheck.finra.org/firm/summary/34171) and  (https://files.brokercheck.finra.org/firm/firm_34171.pdf)   

Giga's a Nevada company/home office in New York/over 800 investors spread out over mostly every state.