1. What are the facts in this case? The facts are the story of what happened (who, what, where, when) before the lawsuit. What is the problem that the parties can't resolve on their own?
2. Use the opinion or complaint and the course materials to state and define the specific legal claims/causes of action. For example, breach of contract, tortious interference with contractual relations, copyright infringement, etc.
3. State and define the legal rules the court or plaintiff relies on in the opinion or complaint. For example, the Fair Labor Standards Act, the business judgment rule, respondeat superior, etc.
4. For each legal claim/cause of action, explain what legal relief was awarded (in an opinion) or sought (in a complaint). For example, monetary amount, attorney fees, court orders, etc.

Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf Doge Complaint 6.15.22.pdf 1 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 1 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 2 of 26 UNITED STATES DISTRICT COURT STATEMENT OF FACTS SOUTHERN DISTRICT OF NEW YORK 1) In 2013, Dogecoin cryptocurrency was launched by co-founders Billy Markus and KEITH JOHNSON, individually and on behalf Case No.: 1:22-cv-5037 of all others similarly situated, Jackson Palmer at a price of $0.0002 per coin (2/100" of a penny). Plaintiff, 2) Markus openly admitted that he created Dogecoin in about two hours as a joke and - versus - CLASS ACTION COMPLAINT that it relied 99.99% on the "greater fool theory." ELON MUSK, SPACE EXPLORATION TECHNOLOGIES CORP dba SPACEX, and 3) On December 21, 2013, the Market Cap was only $3.71 million. 1 TESLA, INC., 4) Its price increased over 10-fold in its first fifteen days to $0.0023. Defendants. JURY DEMANDED 5) Defendant Musk started talking to Dogecoin developers in 2019, providing advice INTRODUCTION and sharing his vast Rolodex of contacts. Defendants Elon Musk, SpaceX and Tesla, Inc. are engaged in a Crypto Pyramid Scheme 6) Since that time Defendant Musk and people including his family, friends, employees (aka Ponzi scheme) by way of Dogecoin cryptocurrency. Dogecoin is not a currency, stock, or and followers began to purchase Dogecoin. security. It's not backed by gold, other precious metal, or anything at all. You can't eat it, grow 7) Defendant Musk is one the world's wealthiest individuals with estimated net worth in it, or wear it. Dogecoin does not generate cash flow. It doesn't pay interest or a dividend. It has excess of $250 billion with approximately 100 million Twitter followers who spread no unique utility compared to other cryptocurrencies. It is not part of a new internet or the his frequent tweets to billions of people around the world. metaverse. It's not based upon or tied to anything of value. It's not secured by a government or 8) He is also the CEO of Defendants SpaceX and Tesla, Inc. who jointly promote 2 private entity. The number of coins is unlimited. It's simply a fraud whereby "greater fools" are Dogecoin (SpaceX named a satellite after Dogecoin and Tesla accepts Dogecoin for deceived into buying the coin at a higher price. Since Defendant Musk and his corporations merchandise). SpaceX and Tesla, Inc. began purchasing, developing, promoting, supporting, and operating ) Over the last three years, Defendant Musk, individually, and in his position as Dogecoin in 2019, Plaintiff and the class have lost approximately $86 billion in this Crypto President of SpaceX and Tesla, Inc., garnered the support of celebrities, influencers, Pyramid Scheme. Defendant Musk is the self-appointed "Dogefather," "former CEO of and billionaire investors along with thousands of Tik Tok, Twitter, Facebook, and Dogecoin," partner, developer, spokesperson, publicist, salesman, marketer, and promoter of nstagram followers, owners, and supporters of Dogecoin to boast the price, trading Dogecoin, who assembled the "Doge Army" including his corporations and various billionaires, volume, and market cap of Dogecoin. influencers, and celebrities to increase the price, market cap and trading volume of Dogecoin. 10) These individuals and entities include but are not limited to billionaire entrepreneur Plaintiff demands an accounting, monetary damages, punitive damages, and equitable relief. 3 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 3 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 4 of 26 Mark Cuban and the Dallas Mavericks NBA basketball team, artist and entrepreneur nevitably take over the global financial system. Snoop Dogg, artist Kevin Jonas, celebrity chef Guy Fieri, rapper Lil' Yachty, actress 18) Defendant Musk's tweet on July 17, 2020, was enough to send Dogecoin's price up Vicky-Lee Valentino, adult star Angela White and artist Gene Simmons who has from $0.0029 to $0.0036 an increase of nearly 25% in only two days, increasing the dubbed himself the "God of Dogecoin," just to name a few market cap from $363 million to $452 million.Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf Doge Complaint 6.15.22.pdf 3 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 3 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 4 of 26 Mark Cuban and the Dallas Mavericks NBA basketball team, artist and entrepreneur inevitably take over the global financial system. Snoop Dogg, artist Kevin Jonas, celebrity chef Guy Fieri, rapper Lil' Yachty, actress 18) Defendant Musk's tweet on July 17, 2020, was enough to send Dogecoin's price up Vicky-Lee Valentino, adult star Angela White and artist Gene Simmons who has from $0.0029 to $0.0036 an increase of nearly 25% in only two days, increasing the dubbed himself the "God of Dogecoin," just to name a few. market cap from $363 million to $452 million. 1 1) Defendant Musk has been tweeting about Dogecoin since at least April 2, 2019, when 19) On November 11, 2020, Spacex vice-president of commercial sales Tom Ochinero he shared a satirical article from The Onion about Bitcoin price volatility and added: announced that, "This mission will demonstrate the application of cryptocurrency "Dogecoin value may vary." Musk followed up with: "Dogecoin might be my fav beyond Earth orbit and set the foundation for interplanetary commerce. We're excited cryptocurrency. It's pretty cool." to launch DOGE-1 to the Moon!" 12) Defendant Musk also posted, "Dogecoin rulz." on April 2, 2019, together with a dog 20) On December 14, 2020, Defendant Musk tweeted that Tesla, Inc. would accept smoking a cigarette and the caption: "Doge? I haven't heard that name in years." Dogecoin as payment for some merchandise and the price rose more from $0.0032 to 13) These tweets were prompted by a Dogecoin online survey on April 1, 2019, wherein $0.0040, a rise of 25% by December 17, 2020. 54.4% of 4.366 voters chose Defendant Musk (more than all other candidates 21) On December 20, 2020, Defendant Musk tweeted, "One word: DOGE". Only a few combined) as the "CEO" of Dogecoin: "We have decided that Dogecoin does need a hours later, the token saw its valuation spike from $0.0039 to $0.0054, an increase of CEO. Someone who can lead us into the future while maintain the core values of 40%. 2 what we are." 22) On December 25, 2020, Defendant Musk tweeted the Dogecoin logo, and the price 14) Clearly, Defendant Musk accepted this appointment as CEO of Dogecoin by virtue of increased again. his conduct and that of Tesla and SpaceX since April 1, 2019. 23) On January 13, 2021, Defendant Musk Tweeted, "Tesla merch buyable with 15) While Dogecoin had a market cap of $250 million on April 1, 2019, trading at Dogecoin," which caused the market cap of Dogecoin to increase from $1 billion to $0.0020 (roughly the same price as six years prior), after Defendant Musk's tweets, $1.3 billion in less than 48 hours, an increase of 30%, and caused the price to rise the market cap rose to $480 million, and the price doubled to $0.0040 in three days. from $0.0068 to $0.0098. 16) Defendant Musk is and has been fully aware that his tweets regarding Dogecoin had 24) By February 2, 2021, Dogecoin was trading at $0.03. direct effects on the Dogecoin price, market cap, and trading volume. 25) On February 4, 2021, Defendant Musk posted four Tweets regarding Dogecoin, 17) On July 17, 2020, Defendant Musk tweeted that "the Dogecoin standard' would including, "No highs, no lows, only Doge" and "Dogecoin is the people's crypto," 3 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 5 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 6 of 26 causing the market cap to hit an all-time high of $7.4 billion. 33) On February 20, 2021, Defendant Musk posted a link to another You Tube 26) On February 5, 2021, Defendant Musk posted a survey on Twitter regarding, "The cryptocurrency video and on February 21, 2021, Musk tweeted, "Dojo 4 Doge." future currency of Earth" where 71% voted for "Dogecoin to the Moooonn [sic]" over 34) These two tweets caused the Dogecoin price to jump from less than $0.052 to $0.06Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf Doge Complaint 6.15.22.pdf 5 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 5 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 6 of 26 causing the market cap to hit an all-time high of $7.4 billion. 33) On February 20, 2021, Defendant Musk posted a link to another You Tube 26) On February 5, 2021, Defendant Musk posted a survey on Twitter regarding, "The cryptocurrency video and on February 21, 2021, Musk tweeted, "Dojo 4 Doge." future currency of Earth" where 71% voted for "Dogecoin to the Moooonn [sic]" over 34) These two tweets caused the Dogecoin price to jump from less than $0.052 to $0.06 "All other crypto combined." or 16%. 27) On February 7, 2021, Defendant Musk posted a full-blown cryptocurrency 35) On February 24, 2021, Defendant Musk tweeted on behalf of himself and Spacex, instructional video on Twitter ("D is for Dogecoin! Instructional video.") and tweeted, "Literally ... On the actual moon" with an image of a dog hoisting a Dogecoin flag on 2 "Who let the Doge out" and by February 8, 2021, Dogecoin was trading at $0.084, an the moon, causing the price to jump from $0.043 on February 23, 2021, to $0.06 the increase of over 250% in less than one week. next day, a jump of 40% in less than two days. 28) On February 10, 2021, Defendant Musk tweeted that he purchased Dogecoin for his 36) The trading volume from February 20 - 24, 2021, was approximately $3 billion per son together with a picture of his infant son. day. 29) On February 11, 2021, Defendant Musk tweeted a satirical post of Dogecoin and Lord 37) On or about February 25, 2021, it was reported that the SEC was investigating of the Rings where he wrote, "Frodo was the underdoge..." and "ONE COIN TO Defendant Musk for his tweets about Dogecoin. RULE THEM ALL" and the market cap soared to nearly $11 billion. 38) Musk responded to the rumored headlines in a tweet stating, "Good luck catching my 30) On February 13, 2021, Dogecoin was trading at $0.07 before Defendant Musk rocket. Doge will live forever. #dogefather." tweeted the following on February 14, 2021, in a stunning reversal of his position on 39) On March 1, 2021, Defendant Musk posted a meme showing a person in a 3 Dogecoin, "If major Dogecoin holders sell most of their coins, it will get my full camouflage uniform on fire on his knees with blood at his feet shielding a sleeping support. Too much concentration is the only real issue imo." person in bed (represented as "DOGECOIN") from missiles, grenades, bullets, and 31) Then, on February 15, 2021, Defendant Musk tweeted, "I will literally pay actual $ if knives. they just void their accounts." 40) On March 5, 2021, Defendant Musk Tweeted that, "Doge spelled backwards is 32) By February 17, 2021, the price of Dogecoin dropped to $0.044, approximately a Egod.' 35% drop in three days due to Defendant Musk's tweets encouraging Dogecoin 41) On March 13, 2021, Defendant Musk Tweeted three times about Dogecoin, including, holders to sell, reducing the market cap from $11 billion to $6.2 billion, a loss of "Why are you so dogematic, they ask." nearly $5 billion in less than one week. 42) After these March 2021 tweets, Dogecoin rose from $0.045 to $0.063 from February Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 7 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 8 of 26 28 to March 13, an increase of 40% in two weeks. Ostertag where he again referred to himself as "the Dogefather." 43) On April 1, 2021, Defendant Musk Tweeted that SpaceX is going to put a literal 54) Defendant Musk stated among other things that, "It's the future of currency," before Dogecoin on the literal moon. agreeing Dogecoin is, "a hustle." 5 44) On April 14, 2021, Defendant Musk tweeted artwork of a dog and a moon captioned, $5) Defendant Musk's appearance on Saturday Night Live reflected negatively onHomework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf Doge Complaint 6.15.22.pdf 7 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 7 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 8 of 26 28 to March 13, an increase of 40% in two weeks. Ostertag where he again referred to himself as "the Dogefather." 43) On April 1, 2021, Defendant Musk Tweeted that SpaceX is going to put a literal $4) Defendant Musk stated among other things that, "It's the future of currency," before Dogecoin on the literal moon agreeing Dogecoin is, "a hustle." 44) On April 14, 2021, Defendant Musk tweeted artwork of a dog and a moon captioned, 55) Defendant Musk's appearance on Saturday Night Live reflected negatively on "Doge Barking at the Moon." (in crypto parlance "moon" refers to a rapidly rising Dogecoin for multiple reasons, causing the trading volume to skyrocket and the price price). to plummet. 4 45) As a result, the price of Dogecoin rose from $0.07 to $0.40 (over 500%) in less than 6) The Dogecoin daily trading volume peaked at over $46 billion on May 9, 2021. two days with daily trading volume averaging approximately $70 billion. 57) Within four days, the Dogecoin market cap dropped from $95 billion to $45 billion 46) By April 17, 2021, the Dogecoin market cap had jumped from $8 billion to $55 (nearly 50%) and the price dropped from $0.73 to $0.38 billion in less than one week 58) On May 13, 2021, Defendant Musk tweeted a picture of a Tesla interior with a sign 47) It was during the month of April 2021, that Plaintiff purchased Dogecoin at a price of that read "DON'T PANIC" and a post that read, "As always." approximately $0.30 per coin as a result of Defendants' conduct. 59) This was followed by a post that said, "Working with Doge devs to improve system 48) By April 22, 2021, Dogecoin dropped as low as $0.18, but on April 24, 2021, it was transaction efficiency, (Potentially promising." announced that Defendant Musk would host the comedy show Saturday Night Live 60) Within one day the price of Dogecoin jumped 50%, soaring to $0.58 as a result of on May 9, 2021, in New York City on NBC. Defendant Musk's encouraging twee 15 49) On April 28, 2021, Defendant Musk Tweeted, "The Dogefather SNL May 8." 61) Dogecoin prices immediately shot higher with a market cap of $72.5 billion, $8 50) On May 6, 2021, the Dogecoin Market Cap hit $88.7 billion and the price of the coin billion higher or 15%. hit a peak of $0.73. 62) On May 16, 2021, the market cap dropped to $63 billion and on May 20, 2021, the 51) On May 9, 2021, Musk tweeted, "SpaceX launching satellite Doge-1 to the moon market cap dropped to $46.6 billion, and the price dropped to $0.27. next year - Mission paid for in Doge - Ist crypto in space - Ist meme in space 63) On May 20, 2021, at 10:56 am, Defendant Musk tweeted, "Yeah, I haven't & won't To the mooooonnn!" sell Doge" and a meme with the statemen t, "How much is that Doge in the window?" 52) Defendant Musk appeared on Saturday Night Live on May 9, 2021. As a result, the price jumped 60% to $0.43 on May 20, 2021. 53) During a sketch Defendant Musk appeared as a fictional financial expert called Lloyd 64) On May 24, 2021, Defendant Musk tweeted, "If you'd like to help develop Doge, 6 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 9 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 10 of 26 please submit ideas on GitHub & reddit.com..." and "Someone suggested changing tweet, 33% in five days. Dogecoin fees based on phases of the moon, which is pretty awesome ha ha," causing 71) On October 31, 2021, Defendant Musk tweeted, "Tuition is in Dogecoin & u get a the price to jump from $0.28 to $0.38 (35% increase in one day). discount if you have a dog". 65) However, on May 25, 2021, Defendant Musk tweeted, "Please note Dogecoin has no 72) Defendant Musk announced on December 14, 2021, that Defendant Tesla willHomework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf E Doge Complaint 6.15.22.pdf 9 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 9 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 10 of 26 please submit ideas on GitHub & reddit.com..." and "Someone suggested changing tweet, 33% in five days. Dogecoin fees based on phases of the moon, which is pretty awesome ha ha," causing 71) On October 31, 2021, Defendant Musk tweeted, "Tuition is in Dogecoin & u get a the price to jump from $0.28 to $0.38 (35% increase in one day). discount if you have a dog". 65) However, on May 25, 2021, Defendant Musk tweeted, "Please note Dogecoin has no 72) Defendant Musk announced on December 14, 2021, that Defendant Tesla will formal organization & no one reports to me, so my ability to take action is limited." accept Dogecoin payments for brand merchandise and the price jumped 25% 66) May 25, 2021, Dogecoin was trading at $0.36 but dropped more than 50% to $0.17 from $0.16 to $0.20. after Defendants Musk's derogatory tweet. 73) On January 25, 2022, Defendant Musk tweeted: "I will eat a happy meal on tv if 67) On July 1, 2021, Defendant Musk tweeted, "Release the Doge!" and "Baby Doge, @Mcdonalds accepts Dogecoin." While this offer was not accepted the doo, doo, doo, doo, doo, Baby Doge, doo, doo, doo, doo, doo, Baby Doge, doo, doo, Dogecoin price increased from $0.14 to $0.15 in 24 hours (8% increase) as a doo, doo, doo, Baby Doge" and on July 2, 2011, Defendant Musk tweeted a meme result of the Tweet. with three young beautiful women surrounding a smiling young man on a laptop with 74) On February 18, 2022, Defendant Musk tweeted, "And futuristic diner / drive-in the words "dogecoin Polytopia" above a graph depicting an increasing price, causing theater planned for Hollywood area! ... And, of course, you can pay in Doge" the price to rise to $0.25. causing the Dogecoin price to increase from $0.14 to $0.15 in 24 hours (8% 68) On July 24, 2021, Defendant Musk tweeted a meme with Neo from The Matrix increase). stating: "What are you trying to tell me, that I can make a lot of money with 75) On March 11, 2022, the Dogecoin price dropped to $0.11 with a market cap of $15.28 7 Dogecoin?" The response by the Dogecoin dog with sunglasses is: "No, Neo. I'm billion trying to tell you that Dogecoin is money." As a result, the price increased from $0.19 76) On March 13, 2022, 9:11 pm Defendant Musk tweeted, "As a general principle, for to $0.23 (over 20%) in 24 hours. those looking for advice from this thread, it is generally better to own physical things 69) On October 23, 2021, the price was $0.25 when Defendant Musk tweeted, "Lots of like a home or stock in companies you think make good products, than dollars when people I talked to on the production lines at Tesla or building rockets at SpaceX own nflation is high. I still own & won't sell my Bitcoin, Ethereum or Doge fwiw." Doge. They aren't financial experts or Silicon Valley technologists. That's why I 77) March 18, 2022, Market Cap was $16.39 billion and on March 25, 2022, Market Cap decided to support Doge - it felt like the people's crypto." was $17.82 billion. 70) By October 28, 2021, the price increased to $0.33 as a result of Defendant Musk's 78) Defendant Musk's tweet caused a $2.5 billion Market Cap spike, approximately 15% 8 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 11 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 12 of 26 in 14 days. 88) Every statement and endorsement from Defendants on social media regarding 79) On May 12, 2022, Defendant Musk tweeted that, "it (Dogecoin) has the potential of Dogecoin has knowingly caused millions of people to spend billions of dollars buying currency," causing the price to increase from $0.074 to $0.093 in a day, into the Dogecoin Crypto Pyramid Scheme. approximately 25% 89) The ripple effect of Defendants' conduct regarding Dogecoin caused the entire crypto 9Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf Doge Complaint 6.15.22.pdf 11 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 11 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 12 of 26 in 14 days. 88) Every statement and endorsement from Defendants on social media regarding 79) On May 12, 2022, Defendant Musk tweeted that, "it (Dogecoin) has the potential of Dogecoin has knowingly caused millions of people to spend billions of dollars buying currency," causing the price to increase from $0.074 to $0.093 in a day, nto the Dogecoin Crypto Pyramid Scheme approximately 25%. 89) The ripple effect of Defendants' conduct regarding Dogecoin caused the entire crypto 80) On May 26, 2022, Defendant Musk tweeted, "Dogecoin Trillionaire, the Movie," market cap to increase to $3 trillion in the summer of 2021. which had no effect on the price, apparently the first time this has ever occurred. 90) Since that time, nearly $2 trillion has been lost in the crypto marketplace as the entire 81) Since Dogecoin peaked at $0.73 in May 2021, it has dropped to as little as $0.052, crypto market cap is presently close to $1 trillion, crashing after Defendant Musk told down 92% from its all-time high. the world on Saturday Night Live that crypto was, "a hustle." 82) Plaintiff sold his Dogecoin in June 2022 at a price of $0.08, losing approximately OR SEC VIOLATIONS 70% of his investment. 91) Defendant Musk has a history of failing to comply with the Securities and Exchange 83) Over the last three years, Defendants have engaged in and profited from the Commission (SEC). manipulation of the price of Dogecoin in this Crypto Pyramid Scheme, on behalf of 92) In 2018, Defendant Musk entered a consent decree with the SEC for misleading themselves individually, as well as family members, friends, employees and nvestors when he tweeted that he had gathered enough funding to take Tesla private. followers. 93) Defendant Musk paid a $40 million fine and agreed to step down as chairman and vet 84) Before Defendant Musk began promoting Dogecoin, the market cap had slowly his tweets with lawyers. 9 grown over six years to $250 million on April 1, 2019, with a daily trading volume of 94) After paying this fine Defendant Musk insulted the SEC on October 4, 2018, by only $19 million tweeting, "Just want to that the Shortseller Enrichment Commission is doing 85) Dogecoin jumped to a peak daily trading volume of $28 billion (1,500-fold increase ncredible work. And the name change is so on point!" or 150,000%) and a market cap of $93 billion (360-fold increase or 36,000%) in May 95) In addition, Defendant Musk and his brother Kimbal Musk (who sits on Defendant 2021, all in just two years because of Defendants' conduct. Tesla's Board of Directors) are under investigation by the SEC for insider trading, 86) The Dogecoin price rose from $0.002 to $0.73 (350-fold increase or 35,000%). rising from a November 2021 tweet in which Defendant Musk asked his followers if 87) However, as of June 13, 2022, the price of Dogecoin dropped as low as $0.052, a loss he should sell Tesla stock. of 92% and $86 billion in market cap since May 2021. 96) One day before the tweet, Kimbal Musk sold 88,500 Tesla shares. Musk's followers 10 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 13 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 14 of 26 said Defendant Musk should sell, and he did. Tesla's stock tumbled after the tweet. 103) In 2018, Bill Gates described cryptocurrency with the "greater fool theory" 97) Most recently, Defendant Musk was 1 1 days late in publicly declaring he had saying he would "short it" if he could. amassed a large stake in Twitter in March 2022. That omission may have earned him 104) Warren Buffett said that cryptocurrencies have no value since they don't produce $156 million, according to a half-dozen legal and securities experts. anything and one's only hope is that a "greater fool" comes along to pay more than 11Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf E Doge Complaint 6.15.22.pdf 13 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 13 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 14 of 26 said Defendant Musk should sell, and he did. Tesla's stock tumbled after the tweet. 103) In 2018, Bill Gates described cryptocurrency with the "greater fool theory" 97) Most recently, Defendant Musk was 1 1 days late in publicly declaring he had saying he would "short it" if he could. amassed a large stake in Twitter in March 2022. That omission may have earned him 104) Warren Buffett said that cryptocurrencies have no value since they don't produce $156 million, according to a half-dozen legal and securities experts. anything and one's only hope is that a "greater fool" comes along to pay more than 98) Defendant Musk is also rumored to be facing scrutiny by the FBI for allegedly you did. pumping and dumping Dogecoin 105) Wolf of Wall Street Jordan Belfort recently stated that, "Bitcoin & Crypto is a 10 99) While the FBI did not confirm the Dogecoin investigation they released a statement scam!" and that Dogecoin is a, "joke with no real value.' saying. "It is important for people to know what they're getting into. Just because 106) In 2019, Lending Tree Chief Economist Tendayi Kapfidze described someone is wealthy and seen as smart, that doesn't mean you should take financial cryptocurrency as, "a pyramid scheme ... you only make money based on people who advice from them. We intend to prosecute anyone who partakes in ponzi schemes, enter after you." pump and dump like schemes." 107) In April 2021, managing director of Morgan Creek Capital Management Mark 100) Since cryptocurrency is not regulated by the SEC, Defendant Musk has tweeted Yusko called out Dogecoin, saying, "It's Ponzi-nomics," referencing the fact that it is numerous times over the past three years about Dogecoin to manipulate the price a ponzi/pyramid scheme. without consequence. 108) In May 2021, it was reported that Paul Krugman, an American economics DOGECOIN IS A CRYPTO PYRAMID SCHEME professor and a Nobel laureate winner described cryptocurrencies as a long-running 71 101) New York Attorney General Letitia James describes pyramid schemes as, "a Ponzi scheme. fraudulent system of making money based on recruiting an ever-increasing number 109) In June 2021, the Federal Reserve Bank of Minneapolis President Neel of 'investors."" Kashkari called Dogecoin a Ponzi scheme. 102) Dogecoin is a Crypto Pyramid Scheme because: (a) It has no intrinsic value; (b) It 110) In August 2021, billionaire hedge fund manager John Paulson predicted that is not a productive asset; (c) It has no underlying value; (d) The number of coins is cryptocurrencies (including Dogecoin) will "go to zero." unlimited; (e) The value of Dogecoin is solely derived from the hope that the price 111) In 2021, Vivaldi CEO Jon von Tetzchner stated that cryptocurrencies are, "nothing will rise indefinitely under the "greater fool theory" and (f) the history of trading more than a pyramid scheme posing as currency.' proves that the price is directly controlled and manipulated by Defendants. 1 12) American billionaire Charlie Munger (former business partner of Warren Buffet) 12 13 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 15 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 16 of 26 stated that he is, "proud for not investing in crypto," further stating that it will one day PARTIES be "worthless." 117) Plaintiff Keith Johnson is an American citizen who was defrauded out of money 113) On February 14, 2022, Reserve Bank of India deputy governor T. Rabi Sankar by Defendants' Dogecoin Crypto Pyramid Scheme. 13 said that cryptocurrencies are akin to Ponzi schemes or even worse and banning them 118) Defendant Elon Musk is a partner in the Dogecoin Crypto Pyramid Scheme andHomework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf Doge Complaint 6.15.22.pdf 15 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 15 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 16 of 26 stated that he is, "proud for not investing in crypto," further stating that it will one day PARTIES e "worthless." 117) Plaintiff Keith Johnson is an American citizen who was defrauded out of money 113) On February 14, 2022, Reserve Bank of India deputy governor T. Rabi Sankar by Defendants' Dogecoin Crypto Pyramid Scheme. said that cryptocurrencies are akin to Ponzi schemes or even worse and banning them 118) Defendant Elon Musk is a partner in the Dogecoin Crypto Pyramid Scheme and is the most sensible option for India. CEO of SpaceX and Tesla, Inc. 114) On July 14, 2021, Dogecoin co-founder Jackson Palmer tweeted nine anti- 119) Defendant Space Exploration Technologies Corp dba SpaceX is a private 12 cryptocurrency tweets including the following: "The cryptocurrency industry corporation with headquarters located 1 Rocket Road, Hawthorne, California 90250. leverages a network of shady business connections, bought influencers and pay-for- 120) Defendant Tesla, Inc. is a public corporation with headquarters located at 13101 play media outlets to perpetuate a cult-like "get rich quick" funnel designed to extract Harold Green Road, Austin, Texas 78725. new money from the financially desperate and naive." CLAIMS FOR RELIEF JURISDICTION CLASS ACTION ALLEGATIONS 115) Plaintiff invokes this Court's diversity jurisdiction as the case involves parties 121) The class is initially defined as all individuals or entities who have lost money from multiple states with allegations in excess of $75,000; Plaintiff alternatively buying, selling, and/or trading, Dogecoin, since at least April 2019. invokes jurisdiction under Civil RICO and the Class Action Fairness act as the dispute 122) This action is properly maintainable as a class action. involves monetary damages in excess of $5,000,000. The Court also has jurisdiction 123) The class is so numerous that joinder of all members is impracticably. 13 because Defendant Musk appeared on Saturday Night Live in this district where he 124) The number and identities of class members can be determined through crypto committed some of the tortious acts described in this complaint. The Court has exchanges, the Dogecoin blockchain, and voluntary disclosure by class members. supplemental jurisdiction over the claims made under New York State law. 125) The disposition of their claims in a class action will be of benefit to the parties and VENUE the court. 116) Venue is proper in the Southern District of New York because defendants are 126) A class action is superior to other methods for the fair and efficient adjudication of jointly engaged in wrongful conduct in this district, and Defendants have minimum the claims herein asserted, and no unusual difficulties are likely to be encountered in contacts with this district such that exercising jurisdiction is just and reasonable the management of this action as a class action. 127) The likelihood of individual class members prosecuting separate claims is remote. 14 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 17 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 18 of 26 128) There is a well-defined community of interest in the questions of law and fact 144) Absent a class action, Defendants are likely to avoid liability for their involved affecting members of the classes. wrongdoing, and the class members are unlikely to obtain redress for the wrongs 129) Among the questions of law and fact which are common to the class, and which alleged herein. 15 predominate over questions affecting any individual class member are, the following: 145) Adjudication of this case on a class-wide basis is manageable by this court.Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf E Doge Complaint 6.15.22.pdf 17 / 26 58% + 13 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 17 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 18 of 26 128) There is a well-defined community of interest in the questions of law and fact 144) Absent a class action, Defendants are likely to avoid liability for their involved affecting members of the classes. wrongdoing, and the class members are unlikely to obtain redress for the wrongs 129) Among the questions of law and fact which are common to the class, and which alleged herein. predominate over questions affecting any individual class member are, the following: 145) Adjudication of this case on a class-wide basis is manageable by this court. 130) Whether Defendants violated Civil RICO; FIRST CAUSE OF ACTION 131) Whether Defendants have violated federal and state gambling laws; CIVIL RICO - WIRE FRAUD 14 132) Whether Defendants have engaged in common law fraud; 146) Plaintiff repeats and reiterates all previous paragraphs of this complaint as if fully 133) Whether Defendants are engaged in a fraud akin to a pyramid scheme; set forth in this cause of action. 134) Whether Defendants violated N. Y.S. G.B.L. $ 349; 147) Defendants' purchasing, marketing, advertising, promoting, and manipulating 135) Whether Defendants violated N.Y.S. G.B.L. $ 350; Dogecoin on the internet, inclusive of exchanges, in the United States and 136) Whether Defendants are liable for products liability through their failure to warn; nternationally since April 2019 constitutes an illegal wire fraud enterprise. 137) Whether Defendants' unlawful acts resulted in unjust enrichment; 148) Dogecoin is a Crypto Pyramid Scheme created, promoted, and advertised by 138) Whether Plaintiffs and the classes are entitled to injunction and equitable relief; Defendants Musk, Tesla, Inc. and SpaceX, together with their servants, agents, 139) Whether Defendants' acts were willful entitling Plaintiff and the class to treble employees, and volunteers. and/or punitive damages. 149) Defendants falsely and deceptively claim that Dogecoin is a legitimate investment 15 140) Plaintiff is a member of the class and is committed to prosecuting this action. when it has no value at all. 141) Plaintiff's claims are typical of the claims of the other members of the class. 150) Defendant Musk falsely stated that, "Dogecoin is money." 142) Plaintiff does not have interests antagonistic to or in conflict with those they seek 151) Defendant Musk has encouraged Plaintiff and the class to buy and sell Dogecoin. to represent. Plaintiff is, therefore, an adequate representative of the proposed class. 152) Defendant Musk's tweets are repeated millions of times by Dogecoin holders, as 143) The likelihood of individual class members prosecuting separate individual well as on social media and the general media. actions is remote due to the relatively small loss suffered by class members as 153) Defendants and their servants, agents, and employees have deceived Plaintiff and compared to the burden and expense of prosecuting litigation of this nature and the class into believing that Dogecoin is a valuable asset worth purchasing, holding magnitude. and trading. 16 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 19 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 20 of 26 154) Plaintiff and the class of Dogecoin holders and adopters would not have purchased before Elon Musk goes on Saturday Night Live (is like) I'm gonna go to Vegas and Dogecoin if not for Defendants' fraudulent claims regarding the perpetual rising price I'm going to bet on black." of Dogecoin. 162) In 2021, Mad Money's TV host Jim Cramer said, "I think dogecoin (buying) ... is 155) Since Defendants inflated the Dogecoin Market Cap to $93 billion from $250 actually gambling, not investing." 17Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf E Doge Complaint 6.15.22.pdf 19 / 26 58% + 15 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 19 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 20 of 26 154) Plaintiff and the class of Dogecoin holders and adopters would not have purchased before Elon Musk goes on Saturday Night Live (is like) I'm gonna go to Vegas and Dogecoin if not for Defendants' fraudulent claims regarding the perpetual rising price I'm going to bet on black." of Dogecoin. 162) In 2021, Mad Money's TV host Jim Cramer said, "I think dogecoin (buying) ... is 155) Since Defendants inflated the Dogecoin Market Cap to $93 billion from $250 actually gambling, not investing." million, and it is now under $7 billion at the time this lawsuit was filed, Plaintiff and 163) In 2021, Shark Tank star Kevin O'Leary said that, "When you speculate on the class demands $86 billion in compensatory damages and $172 billion in treble something like Dogecoin, that's no different that going to Las Vegas and putting your 16 damages, including damages suffered by Plaintiff. money on red or black.' SECOND CAUSE OF ACTION 164) Defendants have violated and continue to violate Title 18, U.S.C., Sec. 1955, CIVIL RICO - GAMBLING (federal crime or offense for anyone to conduct an 'illegal gambling business.') the 156) Plaintiff repeats and reiterates all prior paragraphs of this complaint as if fully set Federal Wire Act of 1961 and the Unlawful Internet Gambling Enforcement Act of forth in this cause of action. 2006 (UIGEA). 157) Gambling is accepting, recording, or registering bets, or carrying on a policy game 165) While there is a special exemption for stocks, since Dogecoin is not a stock, it is or any other lottery, or playing any game of chance, for money or other thing of value. not exempt. 158) On April 12, 2022, Dogecoin co-creator Shibetoshi Nakamoto tweeted that, 166) Defendants have also violated the New York State Constitution which prohibits "cryptocurrency buying and selling is not investing. It is gambling.' gambling with limited exceptions as well as New York Penal Law Section 225.10 17 159) In January 2022, the Guardian published an article stating that, "Trading is Promoting gambling in the first degree gambling, no doubt about it' - how cryptocurrency dealing fuels addiction. Fears rise 167) Plaintiff and the class are unknowingly gamblers who buy and sell Dogecoin as over how unregulated trading and promotion of crypto assets are creating a new they would bet in a casino or a sports betting website. generation of addicts." 168) Gambling is only allowed in the State of New York (and the other 49 states) under 160) In July 2021, Chris Larse President of Ripple stated that, "There is not any special conditions and circumstances, with proper licensing in those states that allow distinction between investing in Dogecoin and touring to Las Vegas." it at all. 161) In July 2021, MicroStrategy CEO Michael Saylor drew parallels between buying 169) Since the "trading" of Defendants' Dogecoin cryptocurrency constitutes a Dogecoin and playing roulette in Las Vegas saying that, "I'm gonna buy Dogecoin gambling enterprise, each Defendant must register with every state in which they are 18 20 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 21 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 22 of 26 operating under their gambling laws and pay taxes to those states and the federal 177) Wherefore, Plaintiff and the class demand compensatory damages in the amount government as required by law. of $86 billion plus $172 billion in punitive damages, to punish the Defendants and to 170) Since Plaintiff and the class were not advised that the trading of Dogecoin was deter such conduct in the future. nothing more than a gambling enterprise, Plaintiff and the class demand the return of FOURTH CAUSE OF ACTION 19Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf E Doge Complaint 6.15.22.pdf 21 / 26 58% + Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 21 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 22 of 26 operating under their gambling laws and pay taxes to those states and the federal 177) Wherefore, Plaintiff and the class demand compensatory damages in the amount government as required by law. of $86 billion plus $172 billion in punitive damages, to punish the Defendants and to 170) Since Plaintiff and the class were not advised that the trading of Dogecoin was deter such conduct in the future. nothing more than a gambling enterprise, Plaintiff and the class demand the return of FOURTH CAUSE OF ACTION all wagers lost trading Dogecoin. NEGLIGENCE THIRD CAUSE OF ACTION 178) Plaintiff repeats and reiterates all previous paragraphs of this complaint as if fully 18 COMMON LAW FRAUD set forth in this cause of action. 171) Plaintiff repeats and reiterate all prior paragraphs of this complaint as if fully set 179) Defendants were negligent, careless, and reckless in their development, forth in this cause of action. promotion, and marketing of Dogecoin since April 1, 2019, including numerous 172) Defendants are engaged in a fraudulent Crypto Pyramid Scheme by way of tweets by Defendant Musk. Dogecoin cryptocurrency. 180) Defendants encouraged millions of people to buy and sell hundreds of billions of 173) Defendants were aware since 2019 that Dogecoin had no value yet promoted dollars of Dogecoin. Dogecoin to profit from its trading. 181) Defendants knew, or with the exercise of reasonable care, should have known that 174) Defendant Musk used his pedestal as World's Richest man to operate and Dogecoin is a pyramid/ponzi scheme. manipulate the Dogecoin Pyramid Scheme for profit, exposure and amusement. 182) Defendants failed to warn Plaintiff and the class of the dangers of buying 19 175) Rather than developing Dogecoin in 2019, if Defendant Musk had announced the Dogecoin. truth about Dogecoin and all cryptocurrencies, namely that they are all pyramid 183) Defendant Musk was negligent, careless and reckless in appearing on Saturday schemes, the market cap of cryptocurrencies would not have climbed to $3 trillion, Night Live and telling the world that cryptocurrency is, "a hustle." with a Dogecoin market cap of $93 billion. 184) As a result of the foregoing, Plaintiff and the class collectively lost $86 billion 176) As a result of this fraudulent enterprise, Plaintiff and the class have lost when the price dropped from $0.73 in May 2021 to $0.052 in June 2022. approximately $86 billion. FIFTH CAUSE OF ACTION FALSE ADVERTISING 185) Plaintiff repeats and reiterate all prior paragraphs of this complaint as if fully set 20 21 22 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 23 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 24 of 26 forth in this cause of action. dogefather," "Doge Barking at the Moon" (in crypto parlance "moon" refers to a 186) Defendants have violated and continue to violate New York State GBL False rapidly rising price), all to encourage Plaintiff and the class to purchase Dogecoin. Advertising Section 350-A by way of their Crypto Pyramid Scheme 194) Defendants' have failed to advise Plaintiff and the class, as well as all Dogecoin 187) The false advertising includes but is not limited to the allegations of this investors, about the lack of value and the risks involved in trading Dogecoin. 21Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf E Doge Complaint 6.15.22.pdf 23 / 26 58% + 19 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 23 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 24 of 26 forth in this cause of action. #dogefather," "Doge Barking at the Moon" (in crypto parlance "moon" refers to a 186) Defendants have violated and continue to violate New York State GBL False rapidly rising price), all to encourage Plaintiff and the class to purchase Dogecoin. Advertising Section 350-A by way of their Crypto Pyramid Scheme. 194) Defendants' have failed to advise Plaintiff and the class, as well as all Dogecoin 187) The false advertising includes but is not limited to the allegations of this investors, about the lack of value and the risks involved in trading Dogecoin. complaint in the statement of facts including: that "Dogecoin is money," "it 195) Defendants' descriptions and explanations of the Dogecoin block chain (Dogecoin) has the potential of currency," that 'the Dogecoin standard' would technology is confusing and deceptive. 20 inevitably take over the global financial system and to Dogecoin holders when the 196) Defendants and their servants, agents, and employees have deceived Plaintiff and price plummeted: "DON'T PANIC ... As always." he class into believing the price of Dogecoin will increase in excess of $1.00, when 188) Defendants and their partners, associates, servants, agents, employees, and in fact it has no value at all other than what a "greater fool" would pay for the coin. volunteers have used Tik Tok, Facebook, Instagram, Twitter, and other social media 197) Defendants and their servants, agents, and employees have deceived Plaintiff and and general media entities to deceptively advertise Dogecoin. the class into believe that the price of Dogecoin will continue to increase indefinitely. 189) As a result of the foregoing, Plaintiff and the class bought and sold Dogecoin, 198) Defendants fail to inform Plaintiff and the class of the costly "Miners" fees and sustaining capital losses by Plaintiff and the class of approximately $86 billion. that are charged for buy, selling, and transferring Dogecoin. SIXTH CAUSE OF ACTION 199) Plaintiff and the class demand statutory damages in the amount of $86 billion in DECEPTIVE PRACTICES lost fiat currency. 21 190) Plaintiff repeats and reiterates all previous paragraphs of this complaint as if fully SEVENTH CAUSE OF ACTION set forth in this cause of action. PRODUCTS LIABILITY - FAILURE TO WARN 191) Defendants and their partners, associates, servants, agents, employees, and 200) Plaintiff repeats and reiterates all prior paragraphs of this complaint as if fully set volunteers have used Tik Tok, Facebook, Instagram, Twitter, and other social media forth in this cause of action. and general media entities to deceptively promote Dogecoin. 201) The Dogecoin blockchain is a product owned, operated, developed, supported and 192) Defendants' marketing and support of Dogecoin is confusing and deceptive. promoted by Defendants. 193) Defendant Musk deceptively tweeted that, "Dogecoin is the people's crypto," 202) Defendants have promoted, marketed and advertised adoption and use of the "Dogecoin rulz," "ONE COIN TO RULE THEM ALL," "Doge will live forever. Dogecoin blockchain without warning users, adopters and investors of the dangers 22 23 24 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 25 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 26 of 26 and pitfalls. B) An order enjoining unlicensed professionals from advertising, marketing, and 203) Those who purchase Dogecoin are not obtaining any ownership or licenses of any promoting Dogecoin, including Defendants property. C) An order declaring that the trading of Dogecoin constitute gambling within the 204) Dogecoin owners therefore own nothing of value. meaning of New York law and federal law; 23Homework Help - Q&A from Or X 5 myHome | mySinclair X Doge Complaint 6.15.22.pdf X w Document 4.docx - Microsoft V X + C elearn.sinclair.edu/content/enforced/279176-311563/05-CriminalLaw/5.%20Criminal%20Law%20-%20Johnson%20v.%20Musk.pdf E Doge Complaint 6.15.22.pdf 25 / 26 58% + 21 and general media entities to deceptively promote Dogecoin. The Dogecoin blockchain is a product owned, operated, developed, supported and 192) Defendants' marketing and support of Dogecoin is confusing and deceptive. promoted by Defendants. 193) Defendant Musk deceptively tweeted that, "Dogecoin is the people's crypto," 202) Defendants have promoted, marketed and advertised adoption and use of the "Dogecoin rulz," "ONE COIN TO RULE THEM ALL," "Doge will live forever. Dogecoin blockchain without warning users, adopters and investors of the dangers 23 24 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 25 of 26 Case 1:22-cv-05037 Document 1 Filed 06/16/22 Page 26 of 26 22 and pitfalls. B) An order enjoining unlicensed professionals from advertising, marketing, and 203) Those who purchase Dogecoin are not obtaining any ownership or licenses of any promoting Dogecoin, including Defendants; property. C) An order declaring that the trading of Dogecoin constitute gambling within the 204) Dogecoin owners therefore own nothing of value. meaning of New York law and federal law; 205) Plaintiff and the class of Dogecoin holders are entitled to return their Dogecoins D) An order awarding Plaintiff and the class monetary damages in the amount of $86 for fiat currency at the price they paid. billion, treble damages in the amount of $172 billion, together with attorneys' fees EIGHTH CAUSE OF ACTION and the costs of this action. UNJUST ENRICHMENT Respectfully Submitted, 23 206) Plaintiff repeats and reiterates all prior paragraphs of this complaint as if fully set June 16, 2022 By: /s/ Evan Spencer forth in this cause of action. Evan Spencer Evan Spencer Law, PLLC 207) As a result of Defendants' unethical, tortious and criminal conduct, Plaintiff and 305 Broadway, 7th Floor New York, NY 10007 the class invested billions of dollars in the Dogecoin Pyramid Scheme. Tel. 917.547.4665 Evan@EvanSpencerLaw.com 208) Defendants were unjustly enriched by approximately $86 billion of as result of EvanSpencerLaw.com their wire fraud, gambling enterprise, false advertising, deceptive practices, and other ATTORNEY FOR PLAINTIFF AND THE CLASS unlawful conduct. 209) Defendants were enriched at the expense of Plaintiff and the class. 210) It is against equity and good conscience to permit Defendants to retain $86 billion 24 in profits they have obtained at the expense of Plaintiff and the class. DEMAND FOR JURY TRIAL 211) Plaintiff hereby demands trial by jury on all claims so triable. CERTIFICATE OF SERVICE PRAYER FOR RELIEF The undersigned hereby certifies that on the 16th day of June 2022, a true and correct copy of the above and foregoing document was electronically filed with the Clerk of the Court using the Plaintiff and the class pray for the following relief CM/ECF system giving notice to all parties in this action. A) An order certifying this case as a class action; S/Evan Spencer Evan Spencer 25 26 25