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Emery Smith; Conman or Compromised Insider?
thomascrown007 Uncategorized December 7, 2018 15 Minutes
Since the release of my article The Fall of Gaia, Inc., I have had information coming in from a small group of anonymous citizen investigators that are looking into the validity of the claims about the criminal background of an inventor, Emery Smith. I should also note that these investigators have advised they intend to hire a private detective to look further into Smith’s background once they have the financing.
Emery Smith
In response to those that have said Smith’s alleged criminal history must be fraudulent or a case of mistaken identity at best, these researchers would like to point out that Emery Smith is a not common name in the biomedical field, nor is there anyone by that name that is as prolific as Smith in the biomedical field. Smith is reported to have multiple companies and patents for device inventions within the state of Florida alone.
The attached PDF documents provided by these researchers are of Emery Smith’s civil court case public records, which appear to have proved to the presiding judge that Smith has a history of embezzling funds from his own companies and business partners.
EmerySmithCivilCourt PDFs
The following is a summary by provided by the researchers, that reflects the Judge’s finding of fact decision in the public court records they provided:
“Smith sues his own company and is counter-sued by EmCyte and Richard Pennie”.INSTR # 2018000123432, Doc Type JUD, Pages 24, Recorded 05/22/2018 at 09:45 AM, Linda Doggett, Lee County Clerk of Circuit Court, Deputy Clerk RECORD INSTR # 2028000123 5/16/2018 4:37 PM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL DIVISION Emery Smith
CASE NO. 15-CA-001620 FINDINGS OF FACT, CONCLUSIONS OF LAW AND FINAL JUDGMENT
Emery Smith’s verified response to EmCyte’s Interrogatory No. 6 asking him to identify all entities in which you owned an interest in during the period commencing January 1, 2010, through the present stated Smith owned an interest in the following entities after January 1, 2010:
(a) EMCYTE CORP.;
(b) Perfusion Partners & Associates, Inc. (c) EmCyte Group, LLC;
(d) Gian Biologics, LLC;
(e) Bio Healix Research, LLC;
(f) Ultra Intelligence Corporation, LLC; (g) CELLF Cure, Inc.
(h) Hydro Healix, Inc.
(i) The Human Cure Foundation, Inc.
Emery Smith’s Linkedin webpage also appears to disclose his claimed ownership or participation in the following entities which were allegedly not included in his verified interrogatory responses:
(1) Gian Medical Ltd.
(2) Bakhtar Technologies, LLC
(3) XMS Research Laboratories
(4) Luminec Corp.
(5) Amnion Animal Science Corp
(6) Exactech – Exactech is a customer and client of EmCyte. (7) CSETI
(8) National Veterans Rights Association.
Emery Smith’s “resume”” identifies his claimed ownership or participation in the
following entities which were NOT disclosed in either his verified Interrogatory responses or his LinkedIn webpage:
(1) CardioGenesis Corp
(2) Animal Cure Foundation
(3) Canine Regenerative Therapies (4) Electro Healix Research, LLC (5) Aqua Healix Research LLC. Cytonics Corporation owned by Gaetano J. Scuderi, M.D. Cytonics has a Platelet Rich Plasma (PRP) system known as the APIC PRP System (APIC PRP). The APIC PRP System competes with the EmCyte PRP system. A2Mcyte, LLC has an exclusive license to sell and distribute the APIC PRP System.
Emery Smith – Linkedin
Case document summary begins here:
Emery Smith’s direct competition with EmCyte is reflected in his letter of intent (in the interest of A2Mcyte) of May 16, 2015, to Dr. Scuderi wherein Emery Smith sought to “purchase an exclusive worldwide license for APIC Systems and have first rights of refusal for future Cytonics devices and equipment and patent licensing.” In fact, Emery Smith claimed to have invested $150,000 in expenses in two months in furtherance of his business enterprise which competes with EmCyte. Emery Smith has advised, consulted and represented the interests of A2Mcyte in DIRECT COMPETITION with EmCyte.
Emery Smith concealed, hid, and kept secret his involvement and participation in A2Mcyte. In response to EmCytes discovery request to Emery Smith asking for identification of entities in which he was involved, Emery Smith failed to disclose his relationship with A2Mcyte. Prior to issuing an exclusive license to A2Mcyte, Cytonics issued a non-exclusive license to its APIC PRP System to A2M Bio, Inc. A2M Bio is an entity that was claimed to be owned by Angel Oliferuk, the sister of Anna Stahl, but in which Emery Smith actively participated. Emery Smith ‘s participation in A2M Bio was concealed from EmCyte and Patrick Pennie.
LifeForm Healing Research, LLC was owned and controlled by Emery Smith (50%) and Anna Stahl (50%). Anna Stahl was a former employee of EmCyte and was a distributor for EmCyte.
Emery Smith ‘s ownership in LifeForm was concealed from EmCyte and Patrick Pennie.
LifeForm also held a non-exclusive license from Cytonics for the APIC PRP System.
While Emery Smith was an owner, officer, director and employee of EmCyte, Emery Smith secretly competed with EmCyte through his involvement in A2Mcyte, A2M Bio and LifeForm. In response to EmCyte’s discovery requests Emery Smith failed to disclose his relationship with or in A2M Bio. Emery Smith further refused to provide any personal financial information so that his profits from A2Mcyte, A2M Bio and LifeForm remain hidden from EmCyte and Patrick Pennie.
Emery Smith’s direct usurpation of EmCyte’s corporate opportunities, conversion of assets and collection of secret profits to his personal benefit while intentionally damaging EmCyte has graphically exhibited his correspondence with Ray Johnson of Cytonics. On September 15, 2014, Ray Johnson sent an e-mail to Emery Smith and Dr. Scuderi stating, in part, “I want you to know that we are very excited about the opportunity to introduce our APICS System through the EmCyte network of distributors and technical specialists.” Mr. Johnson transmitted a proposed Agency Agreement to be executed between Cytonics and EmCyte. The business opportunity with Cytonics was received by Emery Smith while he was an owner, officer, director and employee of EmCyte, but he usurped the opportunity by directing it to A2M Bio and never disclosed this opportunity to EmCyte or Patrick Pennie.
Instead of sharing the Ray Johnson Communication with EmCyte and Patrick Pennie, Emery Smith transmitted the draft Agency Agreement to Anna Stahl and Angel Oliferuk explaining: “ok here is the agreement. I will change it from Emcyte to Lifeform.” Emery Smith then directly usurped EmCyte’s corporate opportunity with Cytonics by directing Ray Johnson to substitute LifeForm for EmCyte in the Agency Agreement.
Emery Smith’s intentional and secret breach of his fiduciary duties is further evidenced by his e-mail of March 30, 2015, to Dr. Scuderi, Anna Stahl and Angel Oliferuk wherein Emery Smith bragged about his clandestine actions to Dr. Scuderi when discussing his purchase of a booth space for A2M Bio at a Naples convention. Emery Smith communicated his intent to send “every Doctor there to the (A2M Bio) booth” Emery Smith’s ongoing intent to deceive EmCyte and to disseminate false information concerning EmCyte is blatantly demonstrated by his statements that “… My EmCyte partner may be floating around and some other EmCyte Spies, so we will work from the inside, I am dissolving EmCyte by September by the way, that’s confidential LifeForm has a booth there so everyone that comes will be informed about this new system over there at the new A2M Bio booth) See LOGO Below should clean house nicely since we know the present and the entire board of directors are our friends.” (Emphasis Added).
To further the business of A2M Bio, Emery Smith utilized known distributors of EmCyte. As the APIC PRP System competes with EmCyte’s PRP System, the use of EmCyte’s distributors negatively impacts EmCyte’s business. Emery Smith aggressively marketed the APIC PRP System by traveling the country attending conventions, doing training and even television spots. LifeForm was formed as a Texas limited liability company on or around January 31, 2014. At its inception LifeForm was a distributor of EmCyte’s PRP System. It was represented to EmCyte and Patrick Pennie that LifeForm was owned exclusively by Anna Stahl. Under its Distribution Agreement with EmCyte, LifeForm was prohibited from distributing products that competed with EmCyte. LifeForm’s relationship with Cytonics was concealed from EmCyte and Patrick Pennie.
LifeForm obtained a non-exclusive license to sell the APIC PRP System, which competes with the EmCyte PRP System. While acting as a distributor for EmCyte, and prior to revealing Emery Smith’s involvement in LifeForm, it sold or distributed EmCyte products and failed to pay for them. LifeForm owes EmCyte $147,739.07 for EmCyte products sold or distributed and not paid for by LifeForm. LifeForm ceased operating, making it unlikely that the debt to EmCyte will be paid. When LifeForm failed to pay its debts to EmCyte in the summer of 2015, Anna Stahl revealed to Patrick Pennie for the first time that Emery Smith was an owner of LifeForm. Upon further investigation, EmCyte determined that LifeForm had been converting direct sale customers of EmCyte to direct sale customers of LifeForm without EmCyte’s knowledge or consent. The damage caused to EmCyte by LifeForm’s conversion of EmCyte’s direct sale customers is at least $164,695.00.
LifeForm collected over $2.5Mil in revenue over the seventeen-month period during which Emery Smith was involved. Emery Smith owned a half interest in LifeForm’s $2.5 Mil revenue stream. Emery Smith’s acknowledgment of the breach of his fiduciary duties to EmCyte and to Patrick Pennie was memorialized by his demand letter written on September 11, 2015, to Anna Stahl. Emery Smith demanded that “I am a 50% owner of LifeForm. I’m a 50% shareholder, I have the rights to review any books and records of at any time.” His correspondence of September 11, 2015, identifies himself as “Owner and Shareholder” of both LifeForm and EmCyte. Emery Smith’s demand for LifeForm financial information that was directed to Anna Stahl was copied to Emery Smith’s counsel at the time, Rick Alvarez. However, in his initial response to EmCyte’s Interrogatory Request No. 7, Emery Smith refused to provide any information on LifeForm. Anna Stahl voluntarily provided EmCyte with corporate and financial records of LifeForm after disclosing to Patrick Pennie that Emery Smith owned 50% of LifeForm. All of the records provided by Anna Stahl were subsequently provided to Emery Smith since Mr. Smith claimed that he had no records of LifeForm.
In correspondence to Anna Stahl’s attorney, Emery Smith acknowledged the LifeForm debt to EmCyte and stated that “since I will be solely responsible for EmCyte’s debt with LifeForm, approximately $200K, Ms. Stahl will need to pay all credit card debt (approximately 40K) and the remaining portion of her 50% debt from LifeForm owed to EmCyte will be paid to myself relinquishing her responsibility to EmCyte.” No payments have been made to EmCyte by or on behalf of LifeForm. In an effort to conceal his ownership interest in, and control over A2M Bio, Inc., Emery Smith further demanded that his mother is “added on as a 50% shareholder in A2M Bio Inc.”
Emery Smith has engaged in selling, promoting and distributing the APIC PRP System, in competition with EmCyte’s PRP System through LifeForm, A2M Bio and now A2Mcyte. Bio Healix is an entity owned and controlled by Emery Smith, however, when challenged over concerns about his ownership in Bio Healix by Patrick Pennie, Emery Smith disavowed ownership therein. Specifically, Emery Smith texted the following to Patrick Pennie in November of 2014: “Biohealix was to help a dire friend back on her feet with cosmetics no Biologics, its dissolved ! and cell cure never got up and was dissolved as well. All documented. I’m not going to compete with my own company, that is a wrong perception. I have nothing but EmCyte. I meet every day with docs for EmCyte, EmCyte is pat and emery so we benefit not just me or you.”
It appears we see a pattern. While telling Mr. Pennie that Biohealix wasn’t his (for a dire friend) and that it was dissolved, it was not only open and operating, but fully owned by Emery Smith and directly competing with EmCyte. While telling Mr. Pennie that he wouldn’t compete with EmCyte, he was secretly involved with A2M Bio, LifeForm, Bio Healix, CRT/Ultra Intelligence. His false representations were designed to mislead Mr. Pennie while he was actually doing all that he could to benefit himself to the detriment of EmCyte. Emery Smith competed with EmCyte through his use of Bio Healix and used it as the vehicle to bill customers who were actually EmCyte customers (Paul Paredes, APM Spine, and Sports Physicians and Juliet D. Burry) while denying its existence to Patrick Pennie. Emery Smith continued to list ownership of Bio Healix, along with a number of other entities, on this LinkedIn page while this case has been pending.
Ultra Intelligence Corporation, LLC is a Delaware limited liability company formed by or on behalf of Emery Smith on January 9, 2014. Emery Smith caused Ultra Intelligence to become a member of a limited liability company known as Canine Regenerative Therapies, LLC (CRT). CRT was initially formed through a filing with the State of New Jersey on or around March 21, 2014. New Jersey subsequently expunged the formation of CRT. The role of Emery Smith and Ultra Intelligence in CRT was knowingly concealed and secreted from EmCyt and Mr. Pennie. Emery Smith misrepresented to CRT that he had the authority and permission of Patrick Pennie to participate in CRT. Emery Smith was an officer, director and shareholder in EmCyte during the time that he formed Ultra Intelligence and caused Ultra Intelligence to become a member of CRT. Emery Smith was an officer, director, and shareholder in EmCyte and a member of CRT, through his ownership of Ultra Intelligence, when CRT negotiated and ultimately entered into a Distribution Agreement with EmCyte. The negotiation and ultimate execution of CRT’s Distribution Agreement with EmCyte were done without EmCyte or Mr. Pennie being informed of, or even aware of Emery Smith’s ownership interest in Ultra Intelligence or CRT. Emery Smith secretly executed a letter agreement on behalf of EmCyte with CRT on March 5, 2015, to create a new Distribution Agreement between CRT and EmCyte. Emery Smith lacked corporate authority to execute the letter agreement and neither his actions nor the letter agreement was disclosed to Mr. Pennie or to EmCyte.
Emery Smith’s verified response to EmCyte’s Interrogatory No. 6 asking him to “[I]dentify all entities in which you owned an interest in during the period commencing January 1, 2010, through the present stated “Smith owned an interest in the following entities after January 1, 2010”.:
(a) EMCYTE CORP.;
(b) Perfusion Partners & Associates, Inc. (c) EmCyte Group, LLC;
(d) Gian Biologics, LLC;
(e) Bio Healix Research, LLC;
(f) Ultra Intelligence Corporation, LLC; (g) CELLF Cure, Inc.:
(h) Hydro Healix, Inc.
(i) The Human Cure Foundation, Inc.
Emery Smith’s LinkedIn webpage discloses his claimed ownership or participation in the following entities which were NOT included in his verified Interrogatory responses:
(1) Gian Medical Ltd.
(2) Bakhtar Technologies, LLC
(3) XMS Research Laboratories
(4) Luminec Corp.
(5) Amnion Animal Science Corp
(6) Exactech – Exactech is a customer and client of EmCyte. (7) CSETI
(8) National Veterans Rights Association.
Emery Smith’s “resume” identifies his claimed ownership or participation in the
following entities which were NOT disclosed in either his verified Interrogatory responses or his LinkedIn webpage:
(1) CardioGenesis Corp
(2) Animal Cure Foundation
(3) Canine Regenerative Therapies (4) Electro Healix Research, LLC (5) Aqua Healix Research LLC.
Emery Smith allegedly failed to disclose his ownership interest or participation in A2Mcyte or A2M Bio in his verified Interrogatory responses. Emery Smith claimed to be an owner, officer, and director of EmCyte as of the filing
date of his Petition initiating this litigation. Gian Biologics is a sister company to EmCyte. Emery Smith contributed no capital to obtain his ownership interest in EmCyte or Gian Biologics. Emery Smith has guaranteed none of the debt obligations of EmCyte or Gian Biologics.
Emery Smith received and retained the following distributions from EmCyte and Gian Biologics: Year 2010 2011 2012 2013 2014 Total Amount $130,635.00 $290,435.00 $526,823.00 $709,724.00 $562,145.00 $2,219,763.00. Emery Smith was permitted to operate EmCyte’s sister company known as Gian own as Biologics as a distribution company for EmCyte for a limited period of time. During that time, Mr. Smith caused Gian to sell EmCyte products but kept profits of $291K without paying EmCyte for the sold kits. Emery Smith also ran up expenses while operating Gian, which EmCyte was forced to pay since Gian did not have the available funds. Mr. Smith’s expenses exceeded $200K. Emery Smith continues to disregard this Court’s prior orders directing him to provide a full and complete disclosure of, and accounting for his relationships with businesses that are unaffiliated to EmCyte. Mr. Smith testified at trial that he has only produced copies of his Federal Tax Returns for the years 2010, 2011, 2012 and 2013. He also produced limited income information for the tax years 2014, 2015 and 2016. Mr. Smith has disclosed none of his financial information for the 2017 tax year.
Mr. Smith also testified that he has not filed Federal Tax Returns for the years 2014, 2015, 2016, and 2017. He initially claimed that his failure to file Federal Tax Returns was based upon his having had insufficient income to file. However, the limited financial information provided by Mr. Smith discloses his receipt of income in 2014 of $943,839 (per K-1s), in 2015 of $6,261 (per K-1), and in 2016 of $97,620 (A2Mcyte $41,500, Global Regenerative Technologies and Therapies, Inc. $7,136, Synovus $23,349, and Whitehorse Exploration and Discovery $25,636).
Emery Smith’s testimony lacks any credibility as to his income and sources of income for the periods of time relevant to the case at bar.
But let us stop there.
A few links for a look at Mr. Pennie and his inventor partner, Emery Smith from the court documents. Notice 4 of these patents are by co-inventor is Emery Smith.
https://patents.justia.com/inventor/patrick-pennie
[url=https://www.emcyte.com/leadership.html http://www.buzzfile.com/business/Emcyte-]https://www.emcyte.com/leadership.html [/url]
[url=https://www.emcyte.com/leadership.html http://www.buzzfile.com/business/Emcyte-]http://www.buzzfile.com/business/Emcyte- [/url]Corp.-239-481-7725
END SUMMARY
Corey Goode Blacklisted? Emery Smith Drug Smuggler?
Someone that claims to volunteer a lot of time and to work in the background among well-known public figures at the major ufology events, such as Conscious Life Expo, and Contact in the Desert, is one of many that have contacted me after reading my article, The Fall of Gaia, Inc. This insider claims they have heard hearsay as to why Contact in the Desert changed venues last year, and speculation as to why they, along with Conscious Life Expo, are allegedly blacklisting Corey Goode from their upcoming events.
https://fadetolightblog.wordpress.com...
