Posts by Bonk

2024 0503 – LC – Affidavit – Marco Moukhaiber – [Always Marco] – Primerica vs. Marco Moukhaiber – [Always Marco] – 48p

• 2024 0503 – LC – Affidavit – Marco Moukhaiber – [Always Marco] – Primerica vs. Marco Moukhaiber  —  [BonkNote]  —  48p

• 1 – Since providing my initial affidavit to set aside the interim injunction granted in this action, a number of third parties have released relevant and material information on the practices of the Plaintiffs that confirm and substantiate the statements I made about them in my videos that the Plaintiffs have argued are defamatory:

2023 0919 – LC – Statement of Defence – Marco Moukhaiber – [Always Marco] – Primerica vs. Marco Moukhaiber – [Always Marco] – 3p 

• 2023 0919 – LC – Statement of Defence – Marco Moukhaiber – [Always Marco] – Primerica vs. Marco Moukhaiber – [Always Marco] —  [BonkNote]   —  3p 

• 1 – Statement of facts relied on:
  • 1. The Defendant denies each and every allegation made in the Statement of Claim, unless expressly admitted.
• 1-2 – The Plaintiffs
  • 2. The Plaintiffs are registered corporations in various jurisdictions in the United States of America and Canada that offer insurance and other services to consumers through a multilevel marketing scheme.
  • 3. Over the years, the Plaintiffs have been subject to various investigations by government  authorities, academics, and journalists for their marketing and recruitment tactics and have been labeled a multi-level marketing operation by the Federal Trade Commission (“FTC”) of the United States.
    • for their marketing and recruitment tactics
    • and have been labeled a multi-level marketing operation by the Federal Trade Commission (“FTC”) of the United States.
  • [SEC] – The Securities and Exchange Commission of the United States of America has censured and fined the Plaintiffs and its subsidiaries for its sales tactics.
    • It has also been subject to extensive litigation over the sales and marketing techniques of its agents and employees all over the North America.
• 2 – The Defendant
  • 6 – [Content – so that they can make informed financial decisions.]
  • 8. After six months of research and investigation, including infiltrating the Plaintiffs’ organization, the Defendant published a series of videos, graphics, and other publications (the “Publications”) outlining how the Plaintiffs and their sales representation engaged in multi-level marketing techniques and forms of manipulation that appeared to violate their own policies and regulations in place in the various jurisdictions that they operated in.
  • 9. The Publications were accurate, factual, true, and represented fair comment. Any information or materials obtained by the Plaintiffs for the investigative report was used for advocacy, educational, and reporting purposes, and after extensive due diligence.
    • The Defendant employed the logo and other images associated with the Plaintiffs in the Publications, but for identification and educational purposes, and not to pass off or mislead consumers, or to sell productions or services associated with them.
  • 10. The Publications were not made with malice, and are directed at educating vulnerable consumers of the multi-level marketing tactics used by the Plaintiffs to induce individuals to purchase products and join their operations under false or misleading pretences.
    • This includes how much they are likely to earn as the Plaintiffs’ employees and agents, the payment and commission structure, and comparisons with other legitimate business models.
  • 11. Through the Publications, the Defendant is engaging in his right to free expression, including expression that is in the public interest, which is a Charter value that informs any legal analysis over the adjudication of any claims and requests for relief made by the Plaintiffs.
• Any matters that defeat the claim of the plaintiffs:
  • 12. The Publications are accurate, factual, true, represent fair comment, are subject to absolute and qualified privileges, and constitutes responsible communication on matters of public interest and there is no basis in law to assert they are defamatory.
  • 13. The Defendant, through the Publications, has not breached the provisions the Plaintiffs have plead in the Statement of Claim under the Trademarks Act, Copyright Act, and Competition Act, and the Publications and investigative steps taken into producing and publishing them represent fair use or another permitted use.
  • 14. The Publications were made in the public interest, serve the public interest, and are in-line with the Charter value of free expression in the public interest, defeating the Plaintiffs’ claims.
• Remedy sought:
  • 15. A dismissal of the Plaintiffs’ claim with full indemnity costs

2023 0720 – LC – Notice of Application – Interm Injunction – Primerica – Primerica vs. Marco Moukhaiber – [Always Marco] – 9p

• 2023 0720 – LC – Notice of Application – Interm Injunction – Primerica – Primerica vs. Marco Moukhaiber – [Always Marco]  —  [BonkNote]  —  9p

• 3 – Grounds for making this application: The Parties
• 4 – The Respondent’s Social Media Campaign against Primerica
  • [Marco earns revenue]
  • [Cease and Desist Letter, Trademark, Copyright]
  • 10. The Primerica Videos include false and misleading statements about Primerica, including that Primerica:
    • (a) engages in “crime”, “fraud”, and “illegal” activity; and
    • (b) is a “cult”, a “scam”, and an illegal “pyramid scheme”.
  • 5 – (the “April 14, 2023 Letter”). The Respondent failed to comply with the April 14, 2023 Letter. Instead, the Respondent posted a Primerica Video that day titled, “PRIMERICA is threatening to sue me”, displaying the contents of that letter.
  • 6 – 14. The Respondent did not comply with the July 16, 2023 Letter. Instead, the Respondent posted the following material to his Instagram account:
    • (a) “Wait til you see what I do next […] I’m gonna use this document to control the IG profiles of all Primerica’s top leaders.”
    • (b) “Primerica’s stock hit it’s [sic] lowest point in a week almost the exact moment my video dropped”
    • (c) “SCURRYING LIKE RATS […] I know you’re reading this so just know I have access to ALL of your telegram group chats. I see everything, you can’t hide!!!”
    • (d) “just got a second cease & desist letter from Primerica telling me it [sic] I don’t delete all Primerica-related content by tmrow at 11 am they’re suing lmao”.
  • 7 – 15. Upon learning that the Respondent intended to post a livestream video which was likely to include further content related to Primerica, Primerica sent another cease-and-desist letter to the Respondent via email on July 19, 2023 (the “July 19, 2023 Letter”). The Respondent did not comply with the July 19, 2023 Letter. Instead, the Respondent posted another Primerica Video on July 19, 2023.
• 6-7 – Impact of the Primerica Videos
  • 16. As a result of the Primerica Videos, Primerica will suffer irreparable harm to its business reputation and goodwill.
    • 16. Further, directed removal of the blog post would undermine the public’s interest in free access to accurate information…
  • 17. The Primerica Videos are defamatory. Among other things, they communicate to the public unfounded, untrue and damaging statements that Primerica is engaged in unlawful activities and is a “scam.” As result of the Respondent’s defamatory comments in the Primerica Videos, Primerica has suffered, and is likely to continue to suffer, damages in the form of loss of reputation and goodwill among its customers, employees and licensed representatives.
  • 18. The Respondent’s subscription counts on the AlwaysMarco Accounts are rising, as are the number of views of the Primerica Videos and Social Media Posts. The reach of Primerica Videos and related Social Media Posts is global in scope. The Respondent has earned revenue as a result of the Primerica Videos and the Social Media Posts.
  • 19. The Respondent has increasingly targeted Primerica’s current employees and representatives in his more recent Primerica Videos, and has admitted that much of the information obtained for the Primerica Videos was procured through deceit and other unlawful means.
  • 20. Further, the Respondent admits in the Primerica Videos and Social Media Posts that the intent of the Primerica Videos and Social Media Posts is to harm Primerica and its reputation, either expressly or by implication, and he has plans to undertake further activities with the same objective.
• 7 – Basis for this Injunction
  • 23. Primerica seeks injunctive relief pursuant to section 53.2 of the Trademarks Act, RSC 1985, c T-13, section 34 of the Copyright Act, RSC 1985, c C-42 and the Judicature Act, RSA 2000, c J-2.
  • 24. An injunction restraining the Respondent is warranted because:
    • (a) there is a serious issue to be tried and further, and in the alternative, Primerica has a strong prima facie case against the Respondent;
    • (b) Primerica will continue to suffer substantial and irreparable harm if the Primerica Videos remain accessible and the Respondent continues to post content about Primerica; and
    • (c) the balance of convenience favours granting injunctive relief.
  • 8 – 26. An injunction restraining the Respondent is also warranted on the basis of defamation as:
    • (a) the Primerica Videos are defamatory in the sense that they lower Primerica’s reputation;
    • (b) the Primerica Videos plainly refer to Primerica;
    • (c) the Primerica Videos were communicated widely via social media channels and the internet; and
    • (d) the Respondent has no sustainable defence.

2023 0720 – LC – Statement of Claim – Injunction – Primerica – Primerica vs. Marco Moukhaiber – [Always Marco] – 12p

• 2023 0720 – LC – Statement of Claim – Injunction – Primerica – Primerica vs. Marco Moukhaiber – [Always Marco]  —-  [BonkNote]  —  12p

• 1-2 – 1. The Plaintiffs, Primerica—– bring this claim as a result of the Defendant, Marco Moukhaiber’s (“Mr. Moukhaiber”), repeated pernicious attacks against Primerica on Mr. Moukhaiber’s social media channels, where he regularly makes the unfounded and defamatory assertions that, inter alia, Primerica is an “illegal pyramid scheme” that engages in “criminal fraud” with the intent of harming Primerica and enriching himself.
• 2 – Plaintiff…. seeks…. damages in compensation for the harm caused by Mr. Moukhaiber.
• 2 – 4. Mr. Moukhaiber is a social media content creator based in Edmonton, Alberta, who earns revenue from creating and posting content and selling merchandise.
  Mr. Moukhaiber’s Social Media Campaign against Primerica
• 2 – 5. Beginning on or around December 14, 2021, Mr. Moukhaiber has posted various videos discussing Primerica to his multiple social media accounts.
• 3 – 10. Mr. Moukhaiber has created and posted the following videos in particular, which are collectively referred to herein as the “Primerica Videos”:
• 4 – (d) – He also states among other things that Primerica has a “cult culture” and is an “illegal pyramid scheme”. This video includes multiple factual inaccuracies.
• 4 – (e) – Primerica is predatory, like a cult.
• 5 – (h) – “commercial cult.”
• 5 – (i) – Mario Arrizon – “Crimerica” and “Primericult”. – Primerica’s internal training videos which features Primerica training representatives. In this video, Mr. Moukhaiber seeks donations to “Help Defeat Primerica”. Mr. Moukhaiber also displays and reads a copy of Primerica’s Social Media Guidelines Handbook and states he will post
  “daily examples of top leaders of Primerica posting stuff that violates their social media guidelines.” Mr. Moukhaiber states that Primerica engages in “criminal fraud”, that Primerica’s business is “crime” and “fraud”, and “is a FisherPrice playset of business, it is not real, it is completely fake, it is a scam, it is a fraud, it is a con, it is a pyramid.”
• 5 – 11. Also on July 14, 2023, Mr. Moukhaiber made a guest appearance on a YouTube video posted by Pocket Watching with JT, entitled “Multi-level Marketing (MLM) SCAMS Exposed! with @AlwaysMarco”. In this video, Mr. Moukhaiber states that Primerica is “definitely a multilevel marketing company […] in my opinion it is a pyramid scheme.” Mr. Moukhaiber goes on to say that “the way Primerica does this is they say we don’t make money when we recruit anybody we’ll never get paid for recruiting […] okay so you’re just selling well we know that’s not true or that’s not likely”. Finally, in respect of Primerica, “oftentimes what they try to do is they know they can’t make sense of what their business plan is logically so they just try to bombard you with metaphors and analogies and Law of Attraction mindset nonsense until eventually you just bang your head against the wall and go okay”.
• 6 – 13. On April 14, 2023, Primerica’s counsel sent a cease-and-desist letter to Mr. Moukhaiber. Mr. Moukhaiber displayed and discussed the contents of this letter in the April 14, 2023 Primerica Video and refused to comply with the requests made in the letter.
• 6 – 14. On July 16, 2023, Primerica’s counsel sent another cease-and-desist letter to Mr. Moukhaiber. That same day, Mr. Moukhaiber made a number of posts to Instagram discussing and displaying the letter. Mr. Moukhaiber refused to comply with the requests made in the letter.
• 6 – Breaches of Primerica’s Statutory Rights
  • Breaches of the Trademarks Act
  • 8 – Breaches of the Copyright Act
  • 9 – Competition Act
    • for the purpose of promoting his own business interests.
    • 28. By reasons of these activities, Mr. Moukhaiber has made representations to the public that are false or misleading in material respects for the purpose of promoting, directly or indirectly, Mr. Moukhaiber’s business interests, contrary to subsection 52(1) of the Competition Act, RSC 1985, c C-34 (the “Competition Act”).
• 9 – Defamation
  • 30. The Primerica Videos amount to defamation. The Primerica Videos and Social Media Posts include multiple defamatory statements that are published by Mr. Moukhaiber. Among other things, they communicate to the public unfounded, untrue and damaging statements that Primerica is engaged in unlawful activities and is an illegal “pyramid scheme” and a “scam.” Primerica is plainly identifiable both in the images and the statements used in the Primerica Videos and Social Media Posts. The Primerica Videos and Social Media Posts harm Primerica’s business reputation and goodwill.
  • 31. Mr. Moukhaiber has no defence for his defamatory statements.
  • 32. As a result of Mr. Moukhaiber’s defamatory comments in the Primerica Videos and Social Media Posts, Primerica has suffered, and is likely to continue to suffer, damages in the form of loss of reputation and goodwill among its customers and licensed representatives.
  • 10 – 33. Primerica is also seeking punitive and aggravated damages due to the purposeful, repeated, and malicious nature of the Primerica Videos and Social Media Posts.
• 10 – Harassment
  • 34. Mr. Moukhaiber’s conduct in relation to the Primerica Videos and Social Media Posts constitutes tortious harassment.
  • 35. Mr. Moukhaiber has engaged in repeated communications, surveillance, and other harassing behaviour both in the Primerica Videos and in order to obtain content for the Primerica Videos, from which Mr. Moukhaiber derives commercial benefit.
    • Mr. Moukhaiber has, among other things, recorded Primerica representatives without their consent, obtained confidential information from Primerica, obtained and posted copies of private text messages between Primerica representatives, and monitors and posts the online activity of Primerica employees and representatives.
  • 36. Mr. Moukhaiber knew or ought to have known that his conduct was unwelcome.
  • 37. Mr. Moukhaiber’s conduct impugns the dignity of, and causes emotional distress to, Primerica and the representatives he posts about in the Primerica Videos, which causes harm.
  • 38. Primerica is also seeking punitive and aggravated damages due to the purposeful, repeated, and malicious nature of Mr. Moukhaiber’s conduct in relation to the Primerica Videos and Social Media Posts.
• 10 – REMEDIES SOUGHT:

2024 0301 – LC – Brief – Primerica – Primerica vs. Marco Moukhaiber – [Always Marco] – 58p

• 2024 0301 – LC – Brief – Primerica – Primerica vs. Marco Moukhaiber – [Always Marco]  —  [BonkNote]  —  58p

• TABLE OF CONTENTS
  • PART I – INTRODUCTION ……………………………………….. 1
  • PART II – SUMMARY OF FACTS ……………………………… 2
  • PART III – ISSUES ………………………………………………………. 4
  • PART IV – LAW ………………………………………………………….. 4
    • A. THE DEFENDANT MUST ATTEND IN EDMONTON FOR QUESTIONING ….. 4
    • B. SCHEDULING ……………………………………………… 9
  • C. THE ADMISSIBILITY OF THE DEFENDANT’S EXPERTS ……. 10
  • PART V – CONCLUSION ………………………………………….. 11
  • AUTHORITIES ………………………………..

• 3 – 2. This action was commenced in July 2023, when the Plaintiffs obtained an injunction (the “Injunction Order”) directing the Defendant to take down and remove various defamatory videos and posts he created and posted to his social media accounts (the “Primerica Videos”).
  • In the Primerica Videos, the Defendant asserts, among other things, that the Plaintiffs are “illegal”, a “fraud,” “scam,” “con,” “rats”, and “pyramid scheme,” and attacks and harasses some of the Plaintiffs’ sales representatives. The Primerica Videos constitute harassment and defamation, and violate the Trademarks Act, Copyright Act, and Competition Act. Justice Graesser granted the Injunction Order on July 24, 2023 on the basis that the Plaintiffs have a strong prima facie case.
• 3 – [Paid assassins – Left Country – Remote – Conduct Money]
• 9 – 19. Second, the Defendant has a practice of secretly recording video for his social media content to malign Primerica (and others). By way of illustration:
  • He states at 1:00:05, “So I’ve done the in-person infiltration I’ve uh spied on several Zoom meetings and recorded those to get more like you know present day, accurate what’s being said in the company how are the leaders presenting it…”;29
• 10 – I did that multiple times and I was able to put put together a picture of what it is Primerica really does…”;30