NO. CV05-0706

    Plaintiffs;

        vs.

ONE GROUPE INTERNATIONAL, INC., a/k/a One Groupe and its founders, officers and directors; OSGOLD.COM, a/k/a OFFSHORE GOLD, a/k/a OSGOLD, its founders,; officers and directors; OSOPPS.COM, a/k/a OFF-SHORE OPPORTUNITY, a/k/a OSOPPS, its founders, officer and directors; DAVID C. REED in his individual capacity and in his capacity as co-founder of GSGold and OSOpps; RANDY L. JOHNSON, JR. in his individual capacity and in his capacity as co-founder of OSGold and owner of ECommerce Exchange, Inc.; LATVIAN ECONOMIC COMMERCIAL BANK, a/k/a LATEKO Bank; ECOMMERCE EXCHANGE, INC., its founders, officers and directors; ECURRENCY EXCHANGE, INC., its founders, officers and directors; PINNACLE DYNAMICS, LLC, d/b/a FASTGOLD, its Founders, officers and directors; JAMES SHUPPERD in his individual capacity and in his capacity as owner of Fastgold; GOLDNOW CORP., its founders, officers and directors; FRANK ZUCHRISTIAN in his individual capacity and in his capacity as President and owner of EURO GOLD LINE; GRAHAM KELLY in his individual capacity and in his capacity as owner of GoldNow, Corp.; GAITHMANS GOLD NATION LTD., its founders, officers and directors; ERIC GAITHER in his individual capacity, and his capacity as owner of Gaithmans Gold Nation, Inc.; GOLD-TODAY, its founders, officers, directors, and shareholders; MICHAEL MOORE in his individual capacity and his capacity as owner of Gold-Today; PECUNIX, INC., its founders, officers and directors; INTERNATIONAL NEGOTIATIONS TEAM, its founders, officers and directors; RICK YOUNG, in his individual capacity and his capacity as head of the International Negotiations Team; JOHN DOE DEFENDANTS 1-100 in their individual capacities and in their capacities as agents for John Doe, Inc.; JOHN DOE, INC. DEFENDANTS 1-100, their founders officers and Directors;

32. Defendant Gold-Today ("Gold-Today") is a corporation registered under the laws of Australia. At all relevant times, Defendant Gold-Today had its principal place of business in Victoria, Australia and conducted business through its Internet web site, http://www.gold-today.com.

33. Defendants Zuchristian, Kelly, Shupperd, Gaither, Moore, Euro Gold Line, GoldNow, Fastgold, Gaithmans and Gold-Today (collectively, the "Exchange Makers") were in the business of providing exchange services in various gold-backed e-currencies, including exchanges of other currencies for OSGold ("in-exchange"), and exchanges of OSGold for other currencies ("out-exchange").

d.  Gold Today

100. At all relevant times, Defendant Michael Moore owned and operated the GBIC exchange service provider, Gold-Today. Gold-Today was, at all relevant times, an approved OSGold exchange service provider, as a product of which the OSGold website provided a convenient link to the Gold-Today websites, so that OSGold and OSOpps account-holders might transact business with Moore. Defendant Moore was one of the largest and most reputable Exchange Makers in the world, and at all relevant times, sat on the board of directors of the eCurrency Trade Association (the "eCTA").

101. Upon information and belief, Defendants Moore and Gaither entered a "strategic partnership" between their companies Defendants Gold-Today and Gaithmans Gold Nation, Defendants Moore and Gaither also sat on the board of directors of the eCTA with Defendant Zuchristian.

102. Upon information and belief, Defendant Moore is also associated with Defendant Pecunix, having issued a Pecunix press release, dated August 14, 2001, in his name, having posted the press release on the eCTA website, and having been one of the very first Exchange Makers to promote Pecunix on his Gold-Today website.

103. Investors who wished to purchase or redeem OSGoId could conduct an in-exchange or out-exchange through Defendant Gold-Today, but Gold-Today, in turn, was required to transfer the funds, whether hard currency or another e-currency, through OSGold's "gate-keeper," ECommerce Exchange. To effect an in-exchange, Defendant Moore instructed investors to deposit fiat currency, whether by check, credit card or wire transfer, into one of several bank accounts he held in his name, or in the name of Gold-Today, in various banks around the world, including but not limited to banks located in the United States.

104. At all relevant times, Defendant One Groupe was affirmatively misrepresenting to investors that OSGold was at least 100% backed by gold bullion, and that likewise, OSOpps was a legitimate, viable and secure investment opportunity.

105. Defendant Moore, in his dealings as an approved Exchange Maker for OSGold and as a result of the direct link between the OSGold and Gold-Today websites, persuaded investors to deposit money into the OSGold system and/or purchase interests in OSOpps. In doing so, Defendant Moore collected a commission for his services, and voluntarily assumed a fiduciary duty to his clients.

106. Upon information and belief, Defendant Moore promoted OSGold and/or OSOpps, despite his concerns that there was actually no gold-backing, as had been represented by One Groupe. This is reflected in an Internet discussion group posting, dated March 21, 2001, in which Defendant Moore questions OSGold's legitimacy: "No indication of where 'the gold' is. Just says in an 'offshore bank'."

107. Upon information and belief, Defendant Moore failed to conduct the most cursory due diligence required to protect his customers' interests. Upon information and belief, had Defendant Moore conducted even the slightest investigation, he would likely have discovered that OSGold and OSOpps were not backed by gold bullion. Upon information and belief, Defendant Moore would likely have discovered that the OSGold and OSOpps were a front for an elaborate "Ponzi" scheme.

108. Defendant Moore's failure to conduct due diligence and his failure to warn investors regarding these misrepresentations caused Plaintiffs to continue to deposit and invest money in the One Groupe companies only to have these funds become irretrievable when OSGold and OSOpps collapsed.

234. Defendant Moore provides a significant amount of information about Pecunix on his Gold-Today website at http://www.gold-today.com/whatispecunix.html (visited Nov. 5, 2002). Upon information and belief, Defendant Moore is the Director of Public Relations for Pecunix.