Filing# 17796354 Electronically Filed 09/03/2014 02:16:36 PM

IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
SEAFARER EXPLORATION CORP.,
Plaintiff,
CASE NO.: 14-CA-8902
DIV:

-v-

DARRELL VOLENTINE, an individual,

Also Known as "BUCCANEER1961"
Defendant.

SUMMONS
THE STATE OF FLORIDA
TO ALL AND SINGULAR THE SHERIFFS OF SAID STATE
YOU ARE COMMANDED to serve this Summons and a copy of the Complaint or
Petition in this action upon the Defendant:
Darrell Vo Ientine
803 Via Concha Road
Nipomo, California 93444
The Defendant is hereby required to serve written defenses to said Complaint or Petition
upon Plaintiff counsel, whose names and address are the following:

CRAIG A. HUFFMAN, ESQUIRE

Securus Law Group, P.A.
13046 Racetrack Road# 243
Tampa, Florida 33626
Phone: Telephone: (888) 914-4144
Facsimile: (888) 783-4712
Fl Bar No.: 116149
Counsel for Plaintiff

within twenty (20) days after service of this Summons upon the Defendant, exclusive of the day of
service, and to file the original of the defenses with the Clerk of said Court before service upon
plaintiff counsel or immediately thereafter. If the Defendant fails to do so, a default will be entered
against that Defendant for the relief demanded in the Complaint or Petition

09/03/2014 2:16PM Electronicallv Filed: Hillsborouah Countv/13th Judicial Circuit P;::!of!

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09/03/14
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, 2014 .

Clerk of Circuit Court

By:t!ft;~

~eputy Clerk

(Court Seal)
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this summons is
served on you to file a written response to the attached complaint with the clerk of this court. A
phone call will not protect you. Your written response, including the case number given above
and the names of the parties, must be filed if you want the court to hear your side of the case. If
you do not file your response on time, you may lose the case, and your wages, money, and
property may thereafter be taken without further warning from the court. There are other legal
requirements. You may want to call an attorney right away. If you do not know an attorney, you
may cal the referral service or legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time yu file your written
response to the court you must also mail or take a copy of your written response to the
Plaintift7Plaintiff s Attorney named below.
IMPORT ANTE
Usted ha sido demandado legalmente, Tiene 20 dias, contados a partir del recibo de esta
notificacion, para cotestar la demanda adjunta, por escrito, y presentarla ante este tribunal. Una
llamada telefonica no lo protegera. Si usted desea que el tribunal considere su defensa, debe
presentar su respuesta por escrito, incluyendo el numero del caso y los nombres de las partes
interesadas. Si usted no constesta la demanda a tiempo, puede perder el caso y podria ser
despojado de sus ingresos y propriedades, o privado de sus derechos, sin previo aviso del tribunal.
Existen otros requistos legales. Se lo desea, purede usted consultar a un abogado imediatamente.
Si no conoce a un abogado, puede llamar a una de las oficinas de asistencia legal que aparecen en
al guia telefonica.
Se desea responder a Ia demanda por su cuenta, al mismo tiempo en que presenta a su
respuesta ante el tribunal, debe usted enviar por correo o entregar una copia de su respuesta a la
persona denominada abajo como PlaintifflPlaintiffs Attorney (Demandante o Abogado del
Demandante).
IMPORTANT
Des poursuites judiciares ont este entreprises contre vous. Vous avez 20 jours consecutifs
a partir de la date de l'assgnation de cette citation pour deposer une reponse ecrite ala plainte cijointe aupres de ce tribunal. Un simple coup de tlephone est insuffisant pour vous proteger.
Vous etes obliges de deposer votre reponse ecrite, avec mention du numero de dosier ci-dessus et
du nom des parties nommess ic~ si vous souhaitez que le tribunal entende votre cause. Si vous ne
deposez pas votre

09/03/2014 2:16PM Electronicallv Filed: Hillshorounh

Countv/1~th .lurlir.i~l r.irr.uit P~nP.

reponse ecrite dans le relai requis, vous resquis, vous resquez de perfre la cause anini que votre
salaire, votre argent, et vos biens peuvent etre saisis par Ia suite, sans aucun preavis aulterieur du
tnbunal. Ll y a d' autres obligations juridiques et vous pouvez requerir les services immediats
d'un avocat. Si vous ne connaissez pas d'avocat, vos pourriez telepner a un service de reference
d'avocats ou a un bureau d'assistance juridique (figurant a l'annuaire de telephones).
Si vous choisissez de deposer vous-meme une reponse ecrite, il vous faudra egalement, en
meme temps que cette formalite, faire parvenir ou expedier une copie de votre reponse ecrite au
Plaintifii'Plainti:trs Attorney (Plaignant ou a sond avocat) nomme cidessous.

CRAIG A. HUFFMAN, ESQUIRE

Attorney at Law
13046 Racetrack Road #243
Tampa, Florida 33626
Phone: Telephone: (888) 914-4144
Facsimile: (888) 783-4712
Fl Bar No.: 116149
Counsel for Plaintiff

09/03/2014 2:16PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page

IN THE CIRCUIT COURT FOR THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
SEAFARER EXPLORATION CORP.,
Plaintiff,
CASE NO.: 14-CA-8902
DIY:

-v-

DARRELL VOLENTINE, an individual,

Also Known as "BUCCANEER1961"
Defendant.
I

COMPLAINT
The Plaintiff, SEAFARER EXPLORATION CORP., through the undersigned attorney,
hereby files this Complaint for Libel against the Defendant, DARRELL VOLENTINE, who is
also known on the internet under the name of"BUCCANEER1961," identifier or username, and
other identifiers as set forth herein. The Plaintiff hereby aver the following:

JURISDICTION AND VENUE

1.

This cause of action prays for an amount of damages in excess of the

jurisdictional amount of$15,000.00. Further, Plaintiff demands trial by jury.

2.

The Defendant, DARRELL VOLENTINE (hereafter referred to as

"VOLENTINE" or by Internet alias of "Buccaneer1961 ") is a resident ofNipomo, California

with an address of 803 Via Concha Road.
3.

The acts which are the subject of this Complaint, are internet postings, all of

which, on information and belief, occurred from the Defendant's residence and transmitted into
the State of Florida into Hillsborough County, Florida where Seafarer Exploration is
incorporated and headquartered. As such the torts and actions complained of occurred and were

transmitted into, and caused damages to the Corporation within Hillsborough County, Florida.
4.

The Corporate Plaintiff, SEAFARER EXPLORATION CORP. (hereafter

referred to as "SEAFARER" or "SFRX") is a Florida Company, with its place of business

located in Hillsborough County with an address of 14497 N. Dale Mabry Highway, Suite 209
North, Tampa, Florida 33618.
5.

This Court has jurisdiction over the Defendant and the cause of action in this

Complaint.
THE PARTIES

6.

SEAFARER EXPLORATION CORP. is a Florida domiciled and operating

Corporation which is publicly traded Company, with its common stock registered for trading on
the Over the Counter Bulletin Board ("OTCBB") stock exchange ofthe New York Stock
Exchange System with the stock symbol of"SFRX."
7.

SEAFARER has been a publicly traded company since June 2008, and has

over 4,000 shareholders across Florida and the United States.

8.

SEAFARER is an artifact and treasure recovery Company, with its primary sites

of operation being on the East Coast of Florida. Seafarer is regulated and permitted to conduct its
activities by the State of Florida, the Army Corps of Engineers, the Department of
Environmental Protection and other numerous other agencies for its diving and exploration
operations. As well, as a reporting public company, SEAFARER is closely regulated by the
Security and Exchange Commission, as well as the Florida Office of Financial Regulation, to
name a few. SEAFARER is the first commercial salvage corporation in over twenty years to be
granted not just one, but three exploration and other permits by the Florida Department of State's
Bureau of Archeological Research, and is held in very high regard professionally by such

authorities.
9.

SEAFARER has its main operational office in Hillsborough County, Florida at all

times material.
10.

VOLENTINE has been an internet blog poster who posts on internet message

boards under certain aliases including but not limited to "Buccaneer 1961."
11.

On information and belief, VOLENTINE posts the internet blog and message

board posts from his residence in California, onto a nationally and internationally known and
popular stock market discussion online board, known as www .Investorshub.com. Such postings
are viewable, and viewed by thousands of individuals, including existing shareholders, potential
shareholders, investors, industry regulators over the treasure and artifact recovery business,
brokerage ftrms, treasure recovery novices and experts, and many of the now existing excess of
over 4,000 shareholders of SEAFARER stock.
12.

Postings on InvestorsHub are relied upon for information by thousands of persons

for information and tips about companies, including SEAFARER, where current stock prices,
price charts, press releases, public filings with the SEC, corporate links to web sites, videos, and
photos, and is relied upon in particular by SEAFARER shareholders. SEAFARER's
InvestorsHub posting site, has 212 registered posters, and is followed and accessed by thousands
of others, from Florida as well as around the world.
13.

VOLENTINE has posted over 3,250 posted messages to the SEAFARER

InvestorsHub message board. In addition to being a poster of messages, VOLENTINE is also

one of six listed "moderators" on the SEAFARER InvestorsHub message board 1 As a

Note, that on InvestorsHub, "Moderators" are not employees of the web site, but are volunteers who apply for such
position to monitor the board, allegedly to keep certain matters off the board such as personal attacks, or other
matters that are barred by the InvestorsHub terms of use. There is no screening process to become a moderator, you
simply have to be a poster and apply. Such moderators have the ability to delete messages and to remove posters.

moderator, VOLENTINE has the ability to monitor all messages, and for the most important part
to SEAFARER, he has the ability, and does on an ongoing basis, deletes posts that he does not
desire to be on the Board. VOLENTINE deletes favorable posts towards the Company on a
regular basis which take issue with what he says about the Company or its management. As well
VOLENTINE as a moderator has abused another power he has, which is to remove posters from
the site, thus disallowing them from participating at all in such postings. VOLENTINE not only
has used such power numerous times, he has done so in the past months of2014 to exclude
numerous individuals who were shareholders and non-shareholders ofSEAFARER.
VOLENTINE has used his ability to remove posters to such board to continuously do so in a
manner where he would take out any positive or truthful news from posters, so that only his
negative postings and false postings would be viewed by the general public, shareholders and
others. All such removals were done with complete motive to harm the Company.
FACTS APPLICABLE TO COUNTS

14.

SEAFARER is a publicly traded company, with over 4,000 shareholders, many of

whom access the InvestorsHub bulletin board for postings seeking information about the
Corporation. As a publicly traded company, SEAFARER must abide by the Securities
Regulations including restrictions on sales of stock, restrictions on insiders and affiliates selling
shares, being truthful in press releases as to activities of the Corporation, restrictions on release
of information, and a high standard of corporate behavior in all matters.
15.

SEAFARER's common stock traded as high as $0.0245 per share in July 2014,

and as low as a recent t level of$.0135 per share on September 3, 2014. Such decline in price
was primarily, or in part due to the postings by VOLENTINE, which are addressed herein.
16.

SEAFARER has an SEC registered stock transfer agent, which is a third party

whose role is to issue shares to shareholders, keep all stock transaction records, screen all
issuances and other stock actions for compliance with Federal, State and other market regulations
and laws, and be in charge of complete tracking of the Corporations activities as to shares. The
transfer agent, in some order, is really an umpire and third party neutral keeper of the books, and
does not side with the Corporation for any illegal activities. As set forth below, VOLENTINE
states misinformation continuously that the transfer agent (or as he refers sometimes to them as
the "TA") are the ones selling and placing shares into the market. In no way does SEAFARER's
transfer agent in any way "sell" or in any way place shares into the market for sale as he states.
VOLENTINE's statements to an untrained or uneducated person reading such posts shows either
a complete ignorance of such activities, or is done in complete disregard for the truth and how
the industry works.

17.

SEAFARER's common stock is the subject of message boards which are

published on web sites which include among others, www .investorshub.com,

www.yahoo.finance.com, and www.hotstocked.com.
18.

lnvestorshub.com has thousands of message boards, with individual

message boards for different publicly traded stocks, including SEAFARER which is found at
www. http://investorshub.advfn.com/Seafarer-Exploration-Corp-SFRX-5020/. SEAFARER's
message board is one of the busiest boards on InvestorsHub due to the unique business and
potential of the Company.
19.

Any person with internet access can view all ofthe postings on InvestorsHub,

without a username or password. In order to post on the board, a user must have a user name or
alias and a password which at a basic level is free. For payments a person can get additional
services for viewing and posting.

20. InvestorsHub.Com, Inc. is a wholly-owned subsidiary of ADVFN PLC, which

trades on the London Stock Exchange as AFN.
21.

Investors Hub states on their "About Us" page that" ("iHub", as it is sometimes

referred) is built to provide a forum for serious investors to gather and share market insights in a
dynamic environment using an advanced discussion platform. The site is designed to be clean
and simple, allowing you to get the real-time market information you need, quickly and easily.
Everything about the site is neat and fast!"
22.

Investorshub also maintains its activity is very high for such stock postings,

stating:

Investors Hub has been online for over 13 years and currently has 382,430
Members who have posted 84,383,842 Messages on 21,610 Boards. Our
Members currently write on average 40,000 new Messages each trading day.

23.

The posting board for SEAFARER has over 36,961 postings as of August 31,

2014. Ofthose, Buccaneer1961, being VOLENTINE, has posted over 3,500 postings, or nearly
nine percent (9%). As well, SEAFARER can establish that VOLENTINE, misusing his power to
delete posts and to ban posters from such Board has done so potentially hundreds of times,
removing truthful non-negative information and postings which he does not want present on the
Board for investors, the public or shareholders to see.
24.

Such postings are read and relied upon on a daily basis by investors, day traders,

brokerage houses, stock brokers, business consultants, and other persons related to having
influence or actions for the purchase and sales of SFRX shares.

25. Such postings are also used by businesses as one of the first things that companies
6

or entities who seek to contract with SEAFARER will see when they do research on the web
about SEAFARER. Such sites are routinely reviewed and seen by Governmental and other
contracting authorities when they do simple searches of the internet about SEAFARER.
26.

Throughout his postings, VOLENTINE shows that he has no direct or real

knowledge as to how a public company which is a startup receives money from investors or in
other fashion. Throughout his postings VOLENTINE continuously states that the Company
pushes false or partially false news in order to drive up the stock price so that the Company, or
persons related to the Company, will be able to sell shares directly into the market for such
money. This is a complete falsity and shows VOLENTINE does not know how public companies
receive funding when they are in a pre-revenue state. Companies and insiders cannot, and
SEAFARER does not, as a matter of law and regulation sell shares, or has anyone on the
Company's behalf, sell shares into the market to gain investment money for operations.
VOLENTINE in his postings continually ignores this as set forth below derides the Company
and deceives readers on the board that the Company is using press releases and rumors in order
to sell shares into the market in order to gain money for insiders and make money off of
shareholders. All stated in false and misleading fashion that misleads readers of such postings as
to what the Company does to fund itself.
27.

It is believed through examination of such internet sites that VOLENTINE has

been responsible, through his alias of Buccaneer1961 for the postings set forth herein about
SEAFARER and its management, or others related to the Company, which is about SEAFARER.
All the while he was not, on information and belief, ever a SEAFARER shareholder. 2
VOLENTINE himself disclosed on such postings he is at least no longer a shareholder in August
2

It is noted that VOLENTINE may have bought shares on the public market and not be known as a shareholder of
SEAFARER, if he objected at a brokerage to such disclosure. SEAFARER only has access to persons holding shares
who are non-objecting beneficial shareholders. No such record shows for VOLENTINE.

2014.

COUNT I

LIBELPERSE

The Plaintiff, SEAFARER EXPLORATION CORP., hereby sues the Defendant,

DARRELL VOLENTINE in a Count ofLibel Per Se. The Plaintiff further avers:
28.

SEAFARER hereby adopts for purposes of pleading this count, the above

paragraphs one (1) through twenty-seven (27).

29.

VOLENTINE has posted communications in writing to the public message board

that were false as to the Company, SEAFARER.

30.

Such communications were made and published to hundreds and potentially

thousands of persons who reviewed such postings.

31.

Such postings on internet blogs were communications which were directed

against SEAFARER and by statements directed at Kyle Kennedy in his role as ChiefExecutive
Officer, and therefore at SEAFARER as a matter of harm, which was foreseeable.
32.

VOLENTINE's postings as set forth below are related to the Company, insiders

or people related to the Company selling shares on what he refers to as "pumps" of information
via press releases or by rumors and statements in order to drive volume for shares into the market
by the Company or persons related.
33.

Such postings were made with actual knowledge of the falsity of their content by

VOLENTINE, or in the alternative were made with reckless disregard for the truth.
34.

In the alternative, such postings were made with negligence for the truth.

VOLENTINE made no adequate enquiry as to the truth contained in his false and libelous

statements contained herein. VOLENTINE is accusing the Company or persons within or closely
related to the Company of violating Federal and State securities laws to make money for
themselves or the Company.
35.

VOLENTINE made postings on such internet site, including InvestorsHub, that

had the effect, which was either intended or made with total foreseeability of negative impact,
which effected the stock market price of SEAFARER's common shares on the public market. In
addition, VOLENTINE continuously used his authority as a moderator to delete any favorable
truthful postings by other persons about the Company and its management, or actions of the
Company which others had reported. As well, VOLENTINE used his role as a voluntary
moderator to not only delete such posts, but to ban the posters from posting on the SEAFARER
message board altogether, when they portrayed such messages and facts that were favorable to
the Company, and he did not like such information being available.
36.

On direct knowledge of the Company, VOLENTINE's postings have caused

numerous shareholders to sell shares of SEAFARER directly due to the negative and false
postings ofVOLENTINE during the month of August 2014.
37.

Due to such postings, SEAFARER had a market depreciation of share price due to

the statements being said about it and its management which were deprecating of the
Corporation, its business, its business reputation, that is did not know what it was doing, that the
Corporation only put out untrue or partial information in press releases, that it did press releases
only to drive up purchasing of its shares so that insiders or the Corporation could sell shares; that
it was allowing securities laws to be broken, that it was "pumping" the market with false news,
that it was allowing the sale of securities by insiders, that it was defrauding the investors, that the
archaeologists employed were incompetent in their work, and that the Corporation did not

possess permits, which it stated it did for active investigation of treasure sites.
38.

During the time period of the Defendants postings, being from on or about July 1,

2014 through August 31, 2014, the postings by VOLENTINE had a substantial causation on the
decrease or inability of share price to increase for the benefit ofthe Corporation and its
shareholders.
39.

Due to VOLENTINE's postings under the alias BUCCANEER1961, the

Corporation, and its shareholders suffered a loss of share price due to the selling which was in
part due to his postings, which caused a loss of market capitalization in the millions of dollars.
40.

Due to VOLENTINE's postings, there was created a perception of spite and

uncertainty toward the Corporation which was a cause of persons to sell shares of SEAFARER
common shares on the market.
41.

Between August 7, 2014 through August 29,2014, VOLENTINE posted under

the alias name of "Buccameer61" that SEAFARER was involved in the nefarious activity of
"pumping" news in order to be able to "sell" shares to the unwitting investors who would
purchase such shares on the open market.
NOTE TO POSTINGS AS CITED BELOW: ALL POSTINGS ARE DIRECT VERBATIM
COPIES OF THE POSTINGS AS MADE BY VOLENTINE/BUCCANEER1961, INCLUDING
ALL MISSPELLINGS AND GRAMAR ISSUES WITHIN ORIGINAL POST.
42.

On August 7, 2014, VOLENTINE posted the following on the SEAFARER

message board oflnvestorsHub:

buccaneer1961 Member Level

Thursday, 08/07/14 11:37:57 AM
Re: mbumpt post# 35532
Post# of 37036
that's what I wonder... so far money has been made selling shares ... a
family dosent have that commodity and must get it with hard work ....they
have nobody funding them and cant wiz on shareholders or have an
10

advertising agency helping sell shares so its not like the company that's
public has ever been hurting ... dilute it and let the agency do their thing
43.

On August 17, 2014, VOLENTINE posted the following on the SEAFARER

message board of InvestorsHub:

buccaneer1961 Member Level Sunday, 08/17/14 02:15:16 AM

Re: F-15-Retired post# 36361
bulsh sublimal messages in pr to insight buying ... buyer beware ... same crap was
thought on juno/lantana and I fell for the hype
44.

On August 17,2014, VOLENTINE posted the following on the SEAFARER

message board oflnvestorsHub:

buccaneer1961 Member Level Sunday, 08/17/14 03:46:04 PM
Re: Raider21 post# 3 63 84
interesting that a relative works selling the shares or transfer agant...heres info from a pr
concerning that site as you see some things found but nothing in the way of treasure
45.

On August 17,2014, VOLENTINE posted the following on the SEAFARER

message board of InvestorsHub:

buccaneer1961 Member Level Sunday, 08/17/14 07:25:43 PM
Re: Raider21 post# 36387
yes ... they were paid to ... MAKE IT HAPPEN for the sake of selling shares?? keep the t.a.
working too??? so funny, but not to the investment world! funny that when your paid you
can compromise yourself and do what money tells you to do ... example, those so called
pros knew it was a bust but did what money told them to do? they are smarter that that
but oh no ... hey lets go to that juno site and pump this so we can make money and
increase the als 3times and dilute this and investors will get the rupture into our accts and
not the rapture as they hope for!! .. .its fun to chase ones dreams withshareholder
money,all one has to do it just tell this person theres treasure there and like wildfire the
lies ..... um I mean stories grow and morph... soon the stories ofhalfbillion $$$$treasure is
whats stated and dollar+ pps coming,the kraken has been released and SALVAGE
permit is nigh... you know ... pure bulsh! lantana gave no treasure either ... why didn't those
consultants warn that juno was a bust before huge expenses came up?? that's interesting!!
and so funny! !
46.

On August 22,2014, VOLENTINE posted the following on the SEAFARER

message board of InvestorsHub:

11

buccaneer1961 Member Level Thursday, 08/21/14 01:16:23 AM

Re: GREGG THE GREEK post# 36566
no ... .I think ruptureheadjoe marketing is diluting shares again ... those free promo ones
received long ago ... everybody knows about that. ..the company needs cash and is strapped
for it...why do you think the fluff prs came out? its to try to move stock ...the company
needs it and mr. wares organization helps move them, its known he works trying to assist
in this endeavor,its not a crime at all ... but that's why it dosent move,sell those shares
while others are buying
47.

On August 21,2014, VOLENTINE posted the following on the SEAFARER

message board of InvestorsHub:

buccaneer1961 Member Level Thursday, 08/21/14 11:28:21 AM
Re: XYREUS post# 36579
I want their job too ... where else can you sell shares to fund your fun??? if they were
private like heartland was and couldn't afford to continue doing this because they would
go broke ... that's why heartland couldn't continue operations ... nasty lies were spread that
they brought up artifacts and that's why they couldn't get a permit,truth was they lost their
investors when the state said they must continue the survey.. .that's why I said a survey
permit was coming along because sfrx has to finish where heartland left off.... congrats to
me!! survey permit it was!! want to go out on the boat?? hey lets increase the a!s and fund
our fun they may say?? haha!
48.

On August 22,2014, VOLENTINE posted the following on the SEAFARER

message board oflnvestorsHub:

buccaneerl961 Member Level Friday, 08/22/14 06:51:26 PM
Re: XYREUS post# 36673
a ceo of any company will be happy to tell investors anything they want to hear to sell
shares ... why don't they put it in writing? because theres no proof of what they said, they
also put out prs that can be taken 2 different ways with pivitol words ... so walk in, take a
load off then leave with another load;)

49.

The above postings is an accusation toward the Company that it has some form of

a third party doing the "help" to sell it shares, accusing the Company of falsely taking actions to
fund themselves or illegally selling shares for their own benefit, in order to line their own

12

pockets. As a matter of fact, the ChiefExecutive Officer and the current directors of the
Company, have never sold a share of the Company's stock. All such information on any sales, if
they existed would be reported to the SEC and the general public on public filings. VOLENTINE
is making such false postings, with complete disregard for the truth, which is publicly available.
VOLENTINE, by such postings is doing so to hann SEAFARER and the shareholders with false
information accusing a crime.
50.

The above postings also falsely accuse the Company and its CEO and

management to illegally place out and put out false information to persons in the investing public
that would look to either purchase shares on the open market, or to sell shares on the open
market as they would take such postings as being true about the Company and its management.
51.

Such posting was made with knowledge or in negligent or reckless disregard of

information which was readily available or known to VOLENTINE that the information
portrayed by him was false.
52.

As previously stated, such postings were and are false, as the Company does not

put out false or even "fluffed" press releases in order to "sell" shares for managements benefit or
in any other fashion.
53.

Due to the postings ofVOLENTINE, SEAFARER suffered a significant decrease

in market support, and VOLENTINE's postings lead to the direct sale of millions of shares from
shareholders.
54.

VOLENTINE's intent and actions in making such posts was to make complete

derision of SEAFARER and accuse SEAFARER and its management of illegal actions and
nefarious activity in complete false accusations of such activities which has an effect on the
market, shareholders and publics' confidence in the Corporation and its management.

13

55.

Such statements created material impact on the Company by being a direct attack

on the believability of any publication by the Company to its shareholders and the public.
56.

Such statements were made by VOLENTINE in the face of readily available

information that would have caused a reasonable person to have not posted such a diatribe of
accusations and matters to be factual. VOLENTINE either knowingly, or with reckless disregard
for the truth, continued to post such matters about SEAFARER and its management even in the
face of such facts being available.
57.

Due to VOLENTINE's postings, SEAFARER and its over 4,000 shareholders lost

capital related to its value in the market. SEAFARER stock suffered a severe drop in share price
due to and/or contributed to by VOLENTINE's postings.
58.

Due to VOLENTINE's postings, SEAFARER's business suffered when there

were contracts lost due to his posting being seen by contracting and permitting authorities,
entities or persons.
WHEREFORE the Plaintiff, SEAFARER EXPLORATION CORP., sues the
Defendant, DARRELL VOLENTINE in a count of libel per se under Florida law. The Plaintiff
seeks compensatory and special damages, including a reservation of rights for punitive damages
to be sought in this cause of action.

COUNTll
LIBELPERSE
The Plaintiff, SEAFARER EXPLORATION CORP., hereby sues the Defendant,
DARRELL VOLENTINE in a Count of Libel Per Se. The Plaintiff further avers:
59.

SEAFARER hereby adopts for purposes ofpleading this count, the above

paragraphs one (1) through fifty-eight (58).

60.

VOLENTINE has posted communications in writing to the public message board

14

that were false as to the Company, SEAFARER.

61.

Such communications were made and published to hundreds and potentially

thousands of persons who reviewed such postings.

62.

Such postings on internet blogs were communications which were directed

against SEAFARER and by statements directed at Kyle Kennedy in his role as Chief Executive
Officer, and therefore at SEAFARER as a matter of harm, which was foreseeable. As well
statements about any related parties to the Company were clearly foreseeable to have a
detrimental effect on its reputation and standing in the business and governmental community.
63.

VOLENTINE's postings as set forth below are related to the Company, insiders

or people related to the Company selling shares on what he refers to as "pumps" of information
via press releases or by rumors and statements in order to drive volume for sakes into the market
by the Company or persons related. In addition, VOLENTINE's removal of actual and truthful
postings of information by other posters, had the same negative effect on public and shareholder
perception of the Company, because he kept such persons and information from being viewed by
the public, investors and shareholders.
64.

Such postings were made with actual knowledge of the falsity of their content by

VOLENTINE, or in the alternative were made with reckless disregard for the truth.
65.

In the alternative such postings were made with negligence for the truth.

VOLENTINE made no adequate enquiry as to the truth contained in his false and libelous
statements contained herein. VOLENTINE is accusing the Company or persons within or closely
related to the Company with violating Federal and State securities laws to make money for
themselves or the Company.
66.

VOLENTINE made postings on such internet site, including lnvestorsHub, that

15

had the effect, which was either intended or made with total foreseeability of negative impact,
which affected the stock market price of SEAFARER's common shares on the public market. In
addition, VOLENTINE continuously used his authority as a moderator to delete any favorable
truthful postings by other persons about the Company and its management, or actions of the
Company which others had reported. As well, VOLENTINE used his role as a voluntary
moderator to not only delete such posts, but to ban the posters from posting on the SEAFARER
message board altogether, when they portrayed such messages and facts that were favorable to
the Company, and he did not like such information being available.
67.

On direct knowledge of the Company, and on information and belief,

VOLENTINE's postings caused a number of shareholders to sells shares ofthe Company

directly due to his postings of negative false information during the months of July and August,
2014.
68.

Due to such postings, SEAFARER had a market depreciation of share price due to

the statements being said about it and its management which were deprecating of the
Corporation, its business, its business reputation, that is did not know what it was doing, that the
Corporation only put out untrue or partial information in press releases, that it did press releases
only to drive up purchasing of its shares so that insiders or the Corporation could sell shares; that
it was allowing securities laws to be broken, that it was "pumping" the market with false news,
that it was allowing the sale of securities by insiders, and that it was defrauding the investors,
that the archaeologists employed were incompetent in their work, and that the Corporation did
not possess permits which it stated it did for active investigation of treasure sites.
69.

As well, the postings derided and degraded the reputation of SEAFARER that the

Company, its personnel and its archaeology experts were not knowledgeable of the artifact

16

recovery and salvage business. At the same time, VOLENTINE deleted posts made by others
which showed truthful information about such experts, who are renowned worldwide for their
experience and success in ocean artifact and treasure recovery.
70.

During the time period ofthe Defendants postings, being from on or about July l,

2014 through August 31, 2014, the postings by VOLENTINE had a substantial causation on the
decrease or inability of share price to increase for the benefit of the Corporation and its
shareholders by his attacks on the reputation of the Corporation.
71.

Due to VOLENTINE's postings under the alias, and based upon his deletions and

barring of members from posting actual and true information, the Corporation, and its
shareholders suffered a loss of share price due to the selling which was in part due to his
postings, which caused a loss of market capitalization in the millions of dollars.
72.

Due to VOLENTINE's postings, and deletions of such posts, there was created a

perception of spite and uncertainty toward the Cotporation which was a cause of persons to sell
shares ofSEAFARER common shares on the market.
73.

Between August 7, 2014 through August 29, 2014, VOLENTINE posted under

the alias name of "Buccaneer 1961" that SEAFARER was involved in the illicit, nefarious
activity and conducted itself in a manner which was lacking in any professional skill or
know ledge in regard to its selection of recovery sites or its operations.
74.

SEAFARER employs and consults with some of the most renowned experts in

archaeology, as well as expert salvage divers and experts for its operations. The qualification of
such persons is above reproach, yet VOLENTINE did no research or enquiry to discover the
truth, or if he did so, he completely ignored such matters in order to frame a negative untruthful
story of his own in order to harm the Company and its shareholders.

17

NOTE TO POSTINGS AS CITED BELOW: ALL POSTINGS ARE DIRECT VERBATIM

COPIES OF THE POSTINGS AS MADE BY VOLENTINE/BUCCANEER1961, INCLUDING
ALL MISSPELLINGS AND GRAMAR ISSUES WITHIN ORIGINAL POST.
75.

On August 28,2014, VOLENTINE posted the following on the SEAFARER

message board oflnvestorsHub. Such response by VOLENTINE as Buccaneer1961, is

responding to the below post of another board member commenting on the trust the Company
must have with the State of Florida.
F-15-Retired
Thursday, 08/28/14 02:05:08 PM
Re: Raider21 post# 36877

State ofFl considers them trustworthy treasure hunters right? Sounds REAL to
me ...... suggest taking it up with State ofFL, not this board. GL
buccaneer 1961
Friday, 08/29/14 10:58:15 AM
Re: F-15-Retired post# 36878
the state does not...look at all the failures here.. .its the shareholders that have suffered for
years here and at this point theres just no relief in site

76.

Such above post is completely false. SEAFARER is the only commercial

enterprise in twenty years that the State of Florida has granted not just one permit for such
operations, but three such permits. SEAFARER is held in high regard with the State of Florida
and particularly the Bureau of Archaelogical Recovery which strenuously oversees its activities.
77.

On August 28, 2014, VOLENTINE posted the following on the SEAFARER

message board oflnvestorsHub.

buccaneer 1961
Thursday, 08/28/14 11:35:14 AM
18

http://www .sec.gov/litigation/complaints/20 l2/comp-pr20 12-278. pdf

this was 2008 its said he dosent take a salary,how do we know? this is old dated 2008 and
he got money how much now? nobody does anything for free
http://www.forbes.com/profile/kyle-kennedy/
of course he is innocent??? ...
79.

Indeed, as well to the above posting, VOLENTINE in his untruthful

communication to the public and shareholders, completely misrepresents that Kyle Kennedy
takes money for his role in SEAFARER, which information is contained in the audited financials
of SEAFARER that is filed with the SEC on an annual and quarterly basis. Such postings by
VOLENTINE were completely false and bereft of any veracity or truths. It is in essence to a
common reader, an accusation of a crime.
80.

In the below posting of August 19, 2014, VOLENTINE makes a posting into

several areas, claiming false and misleading press releases by the Company, and again that the
Company is simply putting out false news about its permit from the State of Florida, as well as
false information as to its new boat being an old boat of the Company. In reality, VOLENTINE's
posting about the permit and the boat were both false.
81.

Below is such posting, which is parsed and commented on with the truth from a

posting by VOLENTINE on August 19,2014.

buccaneer1961
Tuesday, 08/19/14 07:09:40 PM
Re: None
this is what we have ... and done have and why the rest of the investment world
never responded with good pps ...
We got a dig and identify permit". That is great news, and if told truthfully it
would have probably managed a small gain on the PPS. BUT - it had to be shrouded in
mysterious wording with claims that led us to believe it was a Salvage Agreement. I got
excited, but I called the state to ask ... and was told nope, just a 1a-31 exploration permit
20

that did not grant or guarantee SFRX artifact ownership, division oftreasure or 80-20
splits.
82.

In the above section of the post, VOLENTINE is untruthful here, and when he

continuously reposts such matters, since the permit issued by the State of Florida is in two parts
being a survey permit, and a dig and identify permit, with complete transition to a recovery
permit under such agreements with the State. VOLENTINE makes such untruths without due
enquiry into the actual agreements in place or the status of such permits.

1)
Site 3 is a KNOWN TREASURE SITE - Problem, no treasure has ever
been pulled from it, a pistol, a cannon, a platter... great but a treasure wreck has stacks of
bars and chests full of silver and gold, not a platter. The platter, while very nice, could
have been traveling on any ship. Almost every ship afloat had nice dining wares in the
captains quarters, a single silver platter does not make a treasure galleon.
83.

In actuality to the above portion of the post, there was readily available

information to VOLENTINE that there was treasure in the form of actual coins from such wreck
that is the subject of such site. As a matter offact, it was one of SEAFARER's actual
archaeologists who made recoveries on such site. And in fact there were three platters that were
found on such site, which included the name of the wife of the very Captain of the ship being
pursued. All such matters are were publicly available from the State of Florida records that were
publicly available. The site in issue is a known site, far removed from the falsities that
VOLENTINE posts.
2) SFRX acquires a 2nd boat and crew - truth, boat has been owned by SFRX for
several years, crew is great but again, why spin(the pr) it in a misleading manner? Most
people thought hey, we bought a nice new boat. After a minutes worth ofDD they found
that the boat is an old worn out treasure boat already owned by SFRX for several years.
(Not trying to discount the Virgilona, it was very famous and wildly successful in its
day.) investors said "YAY, Two boats must mean we are on the treasure, PR imminent,
treasure on deck any day" . Lest ye forget, they had two boats working on Juno too, where
did that get investors??
84.

The above partial post is again a complete falsity. VOLENTINE has a complete

21

false posting that the new vessel is just an old vessel already used or held by SEAFARER. That
is completely false. It is a vessel owned by another party that is being utilized to double capacity
of the Company to carry out its operations.
85.

Such posting continues below by VOLENTINE:

The problem with the PPS isnt site 3 or the crew, the problem is management
releasing misleading press. the investment world (and many others) can see right through
it. At this point a diver could find a couple of 1950's dimes on the beach and SFRX could
release "Silver Coins Found at Site 3". (just an example, and my opinion of course).
now combine that with whats posted below and an erie story possibly begins to
take shape... could it be true?? why the need to pump stories via pr to let the rumors grow?
why not the straight facts right away,like when that rusty bucket ofbolts were found ... and
the company put it on their website,not disclosing what it was til stories of possible
treasure were going crazy?? then admitted that they really were??
now read below with all the links .. .are we had??

look at possible reasons ... as the shady things done by the company the ceo
started... they also are the ones who fill the orders when you by the shares ... the transfer
agent,and its also a relative ...
http://investorshub.advfn.com/boards/read msg.aspx?message id= I 05391029

86.

Such posting about SEAFARER was again false as to the Company selling shares

directly into the market. VOLENTINE again states the Company is conducting illegal activity

by selling shares through the transfer agent into the market to unwitting purchasers, while
making false news to drive buying in the stock. All such postings are false.
87.

As a matter of law, SEAFARER has a direct legal obligation to report material

matters to the Corporation, including such new vessel, since doubling the capacity of search and
exploration abilities is material to the Company. SEAFARER has a direct duty under the
Securities Regulations to report such matters, which it does on corresponding SEC Form 8-K
which is published with such press releases. As a matter of fact, SEAFARER in no way uses
press releases to "pump" share volume or price, since in the last one year, SEAFARER has

22

this company .... gets busted by sec ! ! so intresting ...

92.

The above posting was made in the same vane of falsity as others cited and was

not made with any truth as to the press releases and information given by the Company. It again
elicits the reader to believe the Corporation is conducting illegal activities in the marketplace,
and is in league with criminals in so doing. There is no "fluff' to any news releases. Such
information contained is false when the Corporation only releases essential and compliance
related news.

93.

On August 17, 2014, VOLENTINE posted the following message on

InvestorsHub:
buccaneer 1961
Sunday, 08/17/14 07:25:43 PM
Re: Raider21 post# 36387
yes ... they were paid to ... MAKE IT HAPPEN for the sake of selling shares?? keep the t.a.
working too??? so funny, but not to the investment world! funny that when your paid you
can compromise yourself and do what money tells you to do ... example,those so called
pros knew it was a bust but did what money told them to do? they are smarter that that
but oh no ... hey lets go to that juno site and pump this so we can make money and
increase the a/s 3times and dilute this and investors will get the rupture into our accts and
not the rapture as they hope for!!. . .its fun to chase ones dreams with shareholder
money,all one has to do it just tell this person theres treasure there and like wildfire the
lies ..... um I mean stories grow and morph... soon the stories ofhalfbillion $$$$treasure is
whats stated and dollar+ pps coming,the kraken has been released and SALVAGE
permit is nigh... you know ...pure bulsh! lantana gave no treasure either... why didn't those
consultants warn that juno was a bust before huge expenses came up?? that's interesting!!
and so funny! !
94.

Such posting above, was again laden with falsity that the Company was again

selling shares and misleading the public, investors, and shareholders into a belief that the
Corporation was involved in nothing but false press and rumor in order to directly sell shares for
their own benefit at the loss ofthe shareholders.
95.

VOLENTINE posted such communications in writing to the public message

24

boards that were false as to the Company, SEAFARER.

96.

Such communications were made and published to hundreds and potentially

thousands of persons who reviewed such postings.

WHEREFORE the Plaintiff, SEAFARER EXPLORATION CORP., sues the
Defendant, DARRELL VOLENTINE in a count oflibel per se under Florida law. The Plaintiff
seeks compensatory and special damages, including a reservation of rights for punitive damages
to be sought in this cause of action.
COUNTlli
FOR IMMEDIATE AND PERMANENT INJUNCTIVE RELIEF

NATURE OF THE IMMEDIATE CAUSE FOR AN IMMEDIATE INJUNCTION

97. This motion for the entry of an immediate injunction is based upon
the continued communications in writing that VOLENTINE makes to public websites as to
SEAFARER.
98. Such communications are an ongoing source oflibelous statements and
have continued to be made up to and including the present time.
99. VOLENTINE's continued libel and statements of falsities continue to harm
SEAFARER and its shareholders.
100.

Without the entry of an immediate injunction against VOLENTINE there shall be

continued harm and damages to SEAFARER, including its 4,000 shareholders and their value of
holdings of SEAFARER stock and the ability ofthe Corporation to continue operations.

CERTIFICATION OF COUNSEL AS TO NOTICE TO RESPONDENT/DEFENDANT

PIERCE

101.

The Company through the below signed counsel has not made notification

25

to the Respondent/Defendant, VOLENTINE, but such notification of such request for injunction
shall be made with the service of the Complaint.
102.

The below signed counsel also certifies that there exists no reasonable

expectation of VOLENTINE to abide and cease any such communications and postings without
the entry of an injunction. Such motion may be brought as an emergency motion for ex parte
hearing and adjudication in order to attempt to avoid the prejudice to the Corporation and its
shareholders.
THE INJURY COMPLAINED OF IS IMMINENT AND ONGOING

103.

This Motion is being made as the shareholders are facing the inordinate

prejudice of their Corporation continuing to lose public value due to the actions of
VOLENTINE. His actions are ongoing and are detrimental to the Company, and its shareholders.
104.

The imminence ofharm exists so that SEAFARER will continue to be the target

of VOLENTINE's diatribes and spewing of hateful falsities on the internet, to the material
prejudice and damage of the Plaintiff Corporation and its shareholders.

NECESSITY OF BOND
105.

Given the nature of the case, and the fact that there exists no prejudice or

damage of any kind that the Respondent/Defendant VOLENTINE could suffer through the
suspension of his right, under any alias on the internet to post any communication in any manner
as to SEAFARER, the Plaintiff would represent that there would be no requisite reason for the
posting of any bond.
106.

Because the phraseology of Rule 1.610 as to waivers of bond, ifthe Court

26

fmds that a Bond is necessary in this cause of action by the Plaintiff, then a de minimis bond
would suffice, that the Court would allow Counsel for the Plaintiff to sign for as a signature bond
with the Clerk's Office for posting.

MEMORANDUM OF LAW

Because a temporary injunction, by its nature, is frequently sought and issued under
hurried circumstances, Rule 1.610(b), Florida Rules of Civil Procedure, provides certain due
process requirements which must be followed by the party seeking a temporary injunction
without notice and by the trial court issuing such an injunction. These requirements seek to
assure that "a court ... never issue[s] an ex parte order without notice to defendants and without a
hearing, unless an immediate threat of irreparable harm exists, which forecloses opportunity to
give reasonable notice .... " Lieberman v. Marshall, 236 So.2d 120, 125 (Fla.1970).

Rule 1.610 (a)(l) specifies that a temporary injunction without notice may be granted
only if(l) the affidavits or verified pleadings demonstrate that "immediate and irreparable
injury, loss, or damage will result to the movant before the adverse party can be heard in
opposition" and (2) "the movant's attorney certifies in writing any efforts that have been made to
give notice and the reasons why notice should not be required." Moreover, rule 1.610(a)(2)
provides that "[ e ]very temporary injunction granted without notice shall be endorsed with the
date and hour of entry and shall ... defme the injury, state findings by the court why the injury
may be irreparable, and give the reasons why the order was granted without notice if notice was
not given."

The threatened injury exists in a continuing and ongoing basis to all shareholders ofthe
Corporation and the Corporations operations. The amount of proof that the Plaintiffs has
27

presented is overwhelming as to the actions of the Defendant/Respondent as to his actions. The

matters as set forth are overwhelming enough to cause substantiate there is enough proof for the
Plaintiffs to prevail in this matter.

CONCLUSION AND PRAYER FOR INJUNCTIVE RELIEF

The continued communications of VOLENTINE on the internet must cease as to
SEAFARER, its officers, directors, agents, employees, consultants and related entities. As such
VOLENTINE should be enjoined from any postings, directly or indirectly by anyone on his
behalf of any information or statement of any kind on any website or other medium of
communication until full adjudication of this matter. As such the Plaintiff, including the
shareholders of the Corporation, move for this Court to enter an Order as to an immediate
injunction which requires the following:
a. That VOLENTINE immediately cease any and all postings on the internet under
whatever alias he may use, or username as to any matter which has to do either directly or in any
manner with either SEAFARER, its employees, agents, representatives, or any other related
person including counsel.
b. That VOLENTINE immediately cease any and all postings on the internet under
Whatever alias he may use, or username as to any matter which has to do either directly or in
any manner with the management or any related person to such, including counsel.
c. That such injunction extend to all forms of communication, including the internet at
any site, or any form of publication to include written forums and any other matter of
communication.
d. An Order to the posted Web Site, InvestorsHub, concerning the postings involving

28

VOLENTINE as BUCCANEER1961, that such postings be completely deleted, and he be

banned from such postings on the SEAFARER board on such web site or about SEAFARER, its
employees, consultants, related persons or operations. It should be noted this will not infringe on
VOLENTINES abilities to post on InvestorsHub since he posts on 16 other sites aside from
SEAFARER.
Plaintiff hereby demands trial by jury on such matter.
Date this 3rd day of September, 2014.
Respectfully submitted,

Is/ Craig A. Huffman

Craig A Huffman, Esquire

Florida Bar No. 116149
Securus Law Group, P.A.
13046 Racetrack Road
Tampa, Florida 33626
Telephone (888) 914-4144
Facsimile (888) 783-4712
E-mail: craig@securuslawgroup.com

29

Re: Raider21 post# 36863

you are correct! the prs etc. made them out to be bigger than life and how investors will
get so much return...that's the idea it tried to convey,they aren't any more of a treasure
hunter than a streetbum. .. so funny how its thought those 2 can increase the chances of
hitting the load oftreasure..lololzzzzz...

77.

On August 24, 2014, VOLENTINE posted the following in paragraph 79 on the

SEAFARER message board oflnvestorsHub.

78.

In the below posting, VOLENTINE does no due dilligence to differentiate that the

CEO ofSEAFARER, Kyle Kennedy is no longer involved in the linked actions and releases he
cites below his posts, since Kennedy had left being a broker of the brokerage ftrm of Spartan
Securities in 2009, which VOLENTINE posts a link to in several areas below. The only actual
matter cited, which was in any way applicable, was a 2000 action against Kennedy that was a
minor violation when he was a broker of a very large brokerage, and it was for actions of an
employee and not Kennedy himself. Notably, when VOLENTINE uses question marks in some
places, he is making it a statement of derision, not a question.
buccaneer 1961
Sunday, 08/24/14 01:07:53 AM
Re:None
here is the ceo ... no wonder he knows how to move stock. .. he knows the game!i wonder if
theres any complaints against any of those companies? interesting how theres not really a
background in treasure hunting compared to this! Spartan group holdings inc is his
company he founded ... interesting reading use your own judgement...
http://investing.businessweek.com/researchlstocks/people/person.asp?personld=5905603
3&ticker=SFRX
oh what do we have here???
http://www. sec.gov/litigation/admin/34-47403 .htm
and Spartan group listed in this sec complaint?
http://www. sec.gov/litigation/litreleases/20 12/lr22579 .htm

19