Preview
ID# 2023-0134580-CV
@ EFILED IN OFFICE
CLERK OF SUPERIOR COURT
COBB COUNTY, GEORGIA
23107578
IN THE SUPERIOR COURT OF COBB COUNTY Kimberly A. Childs - 58
|
EP 28,
STATE OF GEORGIA
HIT NETWORK, LLC, HIGH )
THROUGHPUT PRODUCTIONS, )
LLC, VOOMIO MEDIA HOLDINGS, )
LTD., TIMOTHY SHEDD, JR. BJ
INVESTMENT HOLDINGS, LLC, and ) CIVIL ACTION NO.
JUSTIN WILLIAMS
Plaintiffs, JURY TRIAL DEMANDED
Vv.
BENJAMIN C. ARMSTRONG,
Defendant.
VERIFIED COMPLAINT
COMES NOW HIT Network, LLC (“HIT Network”), High Throughput Productions,
LLC (“HT Productions”), Voomio Media Holdings, Ltd. (“Voomio”), Timothy Shedd, Jr. (“TJ
Shedd”), BJ Investment Holdings, LLC (the “Company”) and Justin Williams (“Williams”)
(collectively, “Plaintiffs”) and for their Complaint against Benjamin C. Armstrong (“Armstrong” .
or “Defendant”) states as follows:
THE PARTIES
1
Plaintiff HIT Network is a domestic limited liability company organized and existing
under the laws of the State of Georgia with its principal place of business located at 3102 Cobb
Parkway, N.W., Kennesaw, Cobb County, Georgia 30152.
2.
Plaintiff HT Productions is a domestic limited liability company organized and existing
under the laws of the State of Georgia with its principal place of business located at 3102 Cobb
Parkway, N.W., Kennesaw, Cobb County, Georgia 30152.
3
Plaintiff Voomio is a British Virgin Islands entity organized and existing under the laws
of the British Virgin Islands with its principal place of business located at Boulder Corporate
Services (BVI) Limited, Sea Meadow House, P.O. Box 116, Road Town, Tortola, British Virgin
Island.
4
Plaintiff TJ Shedd is an individual resident and citizen of Georgia.
5
Plaintiff Company is a domestic limited liability company organized and existing under
the laws of the State of Georgia with its principal place of business located at 3102 Cobb
Parkway, N.W., Kennesaw, Cobb County, Georgia 30152.
6
Plaintiff Williams is an individual resident and citizen of Georgia and a member and
manager of Voomio.
7
Defendant Armstrong is an individual resident and citizen of Georgia who may be served
with process at 4944 Oglethorpe Loop, Acworth, GA 30101, or wherever he may be found
within the State.
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8
This lawsuit arises from Defendant’s defamation of Plaintiffs to others without privilege.
JURISDICTION AND VENUE
9
This Court has jurisdiction over the subject matter of this action.
10.
This Court has personal jurisdiction over the Defendant because he is a resident or
deemed to be a resident of the State of Georgia.
11.
Venue in this Court is proper as to Defendant because he is a resident or are deemed to
be a resident of Cobb County pursuant to Ga. Const. Art. VL, § 2, § VI and O.C.G.A. § 14-2-
510(b).
FACTS
12.
The Company is an investment holding company centered around online content
channels featuring blockchain and cryptocurrency news and technologies, and is the sole
member of HIT Network.
13.
HIT Network is the parent company of HT Productions (which has done business as
Bitboy Crypto) and is a creator and distributor of online content in the blockchain and
cryptocurrency space.
-3-
14,
The Company and Justin Williams co-own Voomio. Voomio is an online NFT
marketplace.
15.
Until August 25, 2023 the Company had two members, TJSJ Holdings, LLC and Better
Than TJ, LLC. TJ Shedd was the sole member of TJSJ Holdings, LLC. Armstrong was the sole
member of Better Than TJ, LLC. TJ Shedd and Armstrong were also managers of the Company.
16.
Armstrong also engaged in the creation of online content for HIT Network and HT
Productions.
17.
Plaintiffs, Armstrong and others had disagreements relating to business dealings. The
disagreements resulted in one lawsuit being filed and dismissed and two lawsuits being filed and
that are now pending in the Superior Court of Cobb County as follows:
@ BJ Investment Holdings, LLC, TJSJ Holdings, LLC, and Timothy Shedd, Jr. v.
Benjamin C. Armstrong and Better Then TJ, LLC, Civil Action No. 23107089, In
the Superior Court of Cobb County, State of Georgia (pending); and
i) Benjamin C. Armstrong and Better Than TJ, LLC y. BJ Investment Holdings,
LLC, HIT Network, LLC, High Throughput Productions, LLC, Timothy Shedd,
Jr., Timothy Shedd, Sr. and TJSJ Holdings, LLC, Civil Action No. 23107106, In
the Superior Court of Cobb County, State of Georgia (pending); and
(iii) Benjamin C. Armstrong and Better Than TJ, LLC y. BJ Investment Holdings,
LLC, Timothy Shedd, Jr., Timothy Shedd, Sr. and TJSJ Holdings, LLC, Civil
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Action No. 23106754, In the Superior Court of Cobb County, State of Georgia
(dismissed),
18.
Rather than address the parties’ disputes in a court of law, Armstrong decided to engage
in a campaign of defamation against Plaintiffs, including, inter alia, the following:
A On September 25, 2023 recorded and uploaded a video to YouTube titled
“Bitcoin HORRIBLE Week AHEAD? (But WHY There is HOPE for Crypto)”, available at this
web address: https://www.youtube.com/watch?v=xil{X43U-80, depicting Armstrong using a
phone or electronic device to record a live video while operating a motor vehicle. In the video
Armstrong falsely states, among other things:
“Everybody knows they are criminals. And | just tweeted, just so
everyone knows, going forward any person uh uh who appears on the show,
anyone that appears, on any of the channels — outside of Frank, I will not include
Frank, Frank does not get include — every person that appears on camera, at
Discover Crypto, will now be getting a personal lawsuit and also included on our
major lawsuits that are coming. Guys, these lawsuits are not threats, takes a few
weeks to get these things together, but let me tell you, it’s going to be good.
{laughs] Oh, we have so many charges coming for these people and I will be
meeting with the FBI this week.”
“I know y’all just lost a bunch of money. [laughs] Oh, I know you just lost
a bunch of money that you were counting on coming in on a regular basis and
now it’s not come either. And guess what? I’m going to take your other one too,
don’t worry.”
As of September 25, 2023, the post had garnered no fewer than 2,500 views.
B On September 25, 2023, Defendant made a post on his X (formerly Twitter)
account (@BenArmstrongsX) (the “X Account”), available at this web address:
https://twitter.com/BenArmstrongsX/status/1706333934185775429, in which Armstrong falsely
states, among other things:
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“T will no longer be communicating with anyone at Hit Network. J offered TJ and
Justin a deal to stay out of prison and they did not accept.
I can tell anyone appearing on camera going forward, you ARE going to need a
PERSONAL lawyer. 4 new names have been added to the list.”
As of September 25, 2023, the post had garnered no fewer than 80,000 views.
Cc On September 24, 2023, Defendant made a post on his X Account, available at
this web address: https://twitter.com/BenArmstrongsX/status/1705947642608370019, in which
Armstrong falsely states, among other things:
“IMAGINE sponsoring Discover Crypto at this point
Maybe TJ and Justin could afford another hitman
Maybe a better one than Carlos Diaz”
As of September 25, 2023, the video had garnered no fewer than 26,000 views.
D. On September 24, 2023, Defendant made a post on his X Account, available at
this web address: https://twitter.com/BenArmstrongsX/status/1705947642608370019, in which
Armstrong falsely states, among other things:
“Who is going to play TJ Shedd in the movie?
Must look good in orange”
As of September 25, 2023, the post had garnered no fewer than 34,000 views.
E. On September 24, 2023, Defendant made a post on his X Account, available at
this web address: https://twitter.com/BenArmstrongsX/status/1705854942093738176,
responding to a post by user @NickDimondi. In Defendant’s post, Armstrong falsely states,
among other things:
“Hey @CypherPunk2023 after watching my video tonight you want to want
reconsider having Nick “Lied About Getting Humped” Dimondi on stage.
There will be hecklers I’m sure.
-6-
Steer clear of the @HitNetwork_ Mafia”
As of September 25, 2023, the post had garnered no fewer than 34,000 views.
F On September 23, 2023, Defendant recorded and uploaded a video to YouTube
titled “Hit Network EXPOSED (Criminal Crypto Conspiracy - TJ SHEDD)”, available at this
web address: hitps://www.youtube.com/watch?v=Eb7HOo ZOO0k&t=1917s, In the video
Armstrong falsely states, among other things:
“Use your brain, critical thinking skills here guys. Step out of the cult
mentality that you allowed TJ and Justin and Carlos to, and Nick Dimondi to
build around you so so you’re basically in a cult right now. HIT Network
employees, you are basically in a cult right now. Everyone on the outside sees
what’s happening.”
“Tm not scared of you Carlos. I’m not scared of you TJ. Iam not scared of
you Justin. | am not scared. I don’t care what you have, it’s irrelevant, because I
do not negotiate with terrorists and you’re all going to prison.”
“Everyone's gonna know it's you. Everyone knows you're involved. And
T've got a list of all the people who you're involved with and I have specific
Instructions for if something happens to me, for every single one of those people
to be exposed: the producer, the leader of the gang, every one of them. I’ve got all
the information, I do not want to get another person involved, this is on you
Carlos, you did this. You extorted me, you threatened me, you blackmail
blackmail me you created a psychological prison for me to live in and TJ, it was
all your call. You had him do this. How can anyone listen to these two phone calls
from TJ ‘I don't know what's happening, I’m not in control’ to Carlos ‘do what I
say I will make a deal for them I work to make deals on behalf of TJ and Justin
with you.’ Guys this is a criminal conspiracy my uncle [counting on fingers],
Carlos, Justin Williams, TJ Shedd, Timothy Shedd, Allison Fiveash, Nicholas
Dimondi, Aaron Curry all eight of these people are involved in a criminal
conspiracy to overthrow me from my company.”
As of September 25, 2023, the video had garnered no fewer than 73,000 views.
G On September 20, 2023, Defendant recorded and uploaded a video on YouTube
titled “I’m BACK: Ben Armstrong RETURNS to Crypto” and available at this web address:
https://www.youtube.com/watch?v=Y Te34E92NhQ&t=2553s. In the video Armstrong falsely
states, among other things:
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“Guys, when you cut off a person from their business and then after that
person is gone and the people who are in charge, which would be Justin Williams
and TJ Shedd and Nicholas Dimondi and Allison Fiveash, these are the people.
Allison is the biggest snake out of all of them by the way um she’s the one that
started all this, there’s no question about it.”
“My wife was sent a text from someone from HIT Network in Voomio
two weeks ago telling her that they were going to put me under the concrete if I
didn’t give them 3.2 million dollars”
“T then caught the person on the phone saying it again. Guys this is not
funny this is not a game, these people are literally pulling blackmail, extortion,
death threats, a citizen conspiracy, all of this is true”
“Tf you support anyone that is with HIT Network, you are directly spitting
in my face, directly spitting in my face. That goes for anyone that’s on content
over there. You guys please go let them know in the chat that I’m live over here.
You let them know. Let the people in the chat know. Let them come over here.
Because ain’t nobody give a **** what they say. Guys, you’re watching a bunch
of people who have been unsuccessful in crypto to make money.”
“They’re trying to psychologically make me think I’m going to prison.
You almost had me guys, you almost had me. Uh, let’s see, ‘Ben needs to go
publicly today by 12 noon on the Join $Ben Coin Telegram’ everything I said on
the [August 29, 2023] AMA was a lie according to them. I didn’t tell one single
lie on that AMA. Not one lie. Not one. Allison illegally broke into my accounts
and tracked me after they fired me. There’s much more. There’s much more.
Justin Williams tried to talk me into pumping and dumping Voomio, like what
do you think they’re gonna do with that guys. That’s their plan. Wait until they
can launch Voomio and they they’re going to launch a coin and then they’re
going to pump it and dump it. That’s exactly what they’re gonna do. It’s obvious,
right? Very, very, none of that’s a lie guys. Did TJ and Justin Williams buy
testosterone and Dianabol and other stuff from me? Also true, also true guys.
Like uh TJ had an affair. Uh, I’m sorry, he says ‘I didn’t have an affair, my wife
did,” that’s what he said. He says, ‘I didn’t have an affair my wife, who was
married at the time when she started working for me, she, let me tell ya, not an
affair. Now she had an affair. My wife had an affair. It’s horrible, it’s horr- I
would never do it.’ Guys all that stuff is true, shocker shocker. So no, I won’t
walk anything back um absolutely not.”
“It’s all about jealousy. It’s all about jealousy of one person who brought
in the biggest contract that we ever received and got paid more for everybody
because she brought the biggest value our channel has ever had. She got five
percent of that. And you will see the jealousy of the CFO and the jealousy of TJ
and the jealousy of Nick Dimondi and the jealousy of Justin Williams this is what
drove this entire thing. The jealousy of someone else making more money than
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them because they brought more money to the company than anybody ever has in
history um and so um anyways I just I think that, uh, I got cut off from my money
and like I said I had to borrow 20 — of course on top of everything in the middle
of all this I lost my debit card on top of it. Not like 1 had a lot of money in my
account to begin with um but | allow my business partner CFO to cut me off from
all my money and the court didn’t award it back to me in the short term.”
“T want to be very clear about Frankie and AJ, I hope they, I’ll tell you
what I want to do. I’ll tell you what I want to do. I want to give, if I take back
over, I’m gonna give Frank one hundred percent ownership of his channel 100
percent ownership of his channel, that’s what ’'m gonna do. Uh, I’m gonna give
him 100 percent, would TJ do that? Do you, do you trust someone that just took
someone’s channel from them? Do you trust that? Do you trust someone who
sends death threats to you and you got twenty percent? | don’t know. I'll give
you 100 percent of it when I get back in control.”
“Frank and AJ, at the end of the day, if you’re supporting them, you’re
eighty percent supporting HIT Network with Frank or whatever the number is, I
think it’s eighty percent you’re supporting HIT Network, and that’s sad for him.”
“Pll tell you what Frank should do. What Frank should do is Frank should
leave. He should go get his own place because he stays in a house that’s owned by
the company, they would have to evict him over a period of days or whatever
anyways, and he should start over. Frank should start fresh. Frank, if you start
over, I will promote the crap out of your channel. You'll be able to come on my
channel. Look guys, all my people are here. They’re all here. They’re all still
here. Frank, you will build that channel back incredibly quickly and you'll get
100 percent of the money.”
“Tt is what it is guys. I’m really torn because I love AJ and Frank. All the
other people there that are on camera are trash, Every single one of them are
trash.”
“I’m really torn because I support them as people but I can’t support who
they work for. I can’t support who they work for. So when you’re engaging with
them, you’re engaging with TJ and you’re helping TJ to get wind in his sails and
try to do something. J don’t know what they’re go- outside of pumping and
dumping Voomio, which guys, now that they’ve cleared me out of the way. Now
they can pump and dump, right?”
As of September 25, 2023, the video had garnered no fewer than 73,000 views.
H On September 19, 2023, Defendant recorded and uploaded a video on YouTube
titled “SHOCKING Allegations Against Hit Network (WHY I Need Your Help)” and available
-9-
at this web address: https:/vww.youtube.com/watch?v=cNHgikIsdW4. In the video Armstrong
falsely states, among other things:
“IT have been under threat of blackmail, I’ve been extorted for my
Lamborghini, that’s gone, I’ve been under little death threat, literally told my
wife they were going to put me under the ground, put me under concrete over
money. Literally said that.”
“Remember whose honor we’re supposed to be protecting here, right.
What I did to my family. That’s what they’re claiming, but yet they’re willing to
blackmail me and send a text to me and my wife the night before everything
broke or the morning that everything broke and say ‘Hey, guys, we can keep this
a family’ that’s what HIT Network has done. ‘We can keep this a family matter;
we don’t have to come out with everything but if you don’t make a statement by
12 o’clock today then you’re done.’ So, the video that came out certainly was
true, I mean, most of it, except for when I walked back some things that I said
about certain people — mainly Justin Williams.”
“They’re trying to bleed me out of money so I can’t fight. And so today,
as | put twenty bucks in my gas tank earlier, that I had to borrow from someone
because I have been one hundred percent cut off from all my money, all my
money. My wife’s American Express card for the last month, that wasn’t paid. It
was supposed to be getting paid by people that work for me and they didn’t do it,
so the credit card’s maxed out. And guys we’re in a tough spot here because
they’re trying to make me stop fighting. And so I humbly ask that if I’ve ever
done anything for you, if I’ve ever encouraged you, if I've ever given you a
dream that you might have something different, if I, if some of my content has
helped you or if you’re on the outside of this situation and you see how dirty
what’s happening is, then I humbly ask that you donate.”
As of September 21, 2023, the video had garnered no fewer than 56,000 views.
1 On September 19, 2023, Defendant recorded and uploaded a video on YouTube
titled “SHOCKING Allegations Against Hit Network (WHY I Need Your Help)” and available
at this web address: https://www.youtube.com/watch?v=cNHgikIsdW4., In the video description,
Armstrong falsely states, among other things:
“Blackmail, extortion, public humiliation, death threats, outright lies, and
more, I have receipts and proof 100%.”
“My family and I have been scared for our lives. After we were
blackmailed to comply.”
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“We filed a lawsuit, Hit Network sent me a death threat which I have the
police report for, they agreed to negotiate and I pulled the lawsuit.”
“When this is all said and done, TJ Shedd will likely face prison time for
executing a full blown conspiracy.”
As of September 21, 2023, the video had garnered no fewer than 56,000 views.
J. On September 9, 2023, Defendant recorded and uploaded a video on YouTube
titled “BitBoy is DEAD [skull and crossbones emoji] It’s OF FICIAL” and available at this web
address: https://www.youtube.com/watch?v=YTe34E92NhQ, In the video Armstrong falsely
states, among other things:
“We’re gonna be able to get this channel rolling in time for that bull run
and guys I’m super excited. This is Ben Nation now, BitSquad is dead, BitBoy is
dead. That’s a fact. BitBoy’s dead, don’t call me BitBoy anymore. You know, I
have nothing to do with that brand, not associated with it.”
As of September 25, 2023, the video had garnered no fewer than 85,000 views.
K. September 20, 2023, Defendant made a post on his X Account, available at this
web address: _https://twitter.com/BenArmstrongsX/status/1704505751 140540571, in which
Armstrong falsely states, among other things:
“Going live at 11:30am est. Tell your friends.
But also be careful with your friends because if you aren’t paying attention
they may run a coup against you and make up lies for money.
[Link to the September 19, 2023 YouTube Video titled ‘I’m BACK: Ben
Armstrong RETURNS to Crypto’]”
As of September 25, 2023, the post had garnered no fewer than 58,000 views.
L. On September 20, 2023, Defendant made a post on his X Account, available at
this web address: https://twitter.com/BenArmstrongsX/status/1704310608395489345, which
contains an embedded video clip of the September 19, 2023 YouTube video titled “SHOCKING
-ll-
Allegations Against Hit Network (WHY I Need Your Help)”. In addition to the false claims
contained in the video, Armstrong’s post falsely states, among other things:
“The fact is @HitNetwork_ has taken all my money from me so | can’t fight.
I’m humbly asking anyone who has ever benefitted from my content or anything
T’ve done to help donate to my legal fund to get BitBoy Crypto back.
ETH Address: 0xa6079bC88540cC9360D 3c8D6f9cE583cdCcC3dC6”
As of September 25, 2023, the post had garnered no fewer than 14,600,000 views.
M On September 19, 2023, Defendant made a post on his X Account available at this
web address: https://twitter.com/BenArmstrongsX/status/1704310616406499765. In the post,
Armstrong falsely states, among other things:
“We filed a lawsuit, Hit Network sent me a death threat which I have the
police report for, they agreed to negotiate and I pulled the lawsuit.
Then through my relative, they found out I was filing a lawsuit so they quickly
filed a flimsy suit before we could get ours filed.”
As of September 25, 2023, the post had garnered no fewer than 126,000 views.
N On September 19, 2023, Defendant made two linked posts on his X Account
available at this web address: http://twitter.com/BenArmstrongsX/status/1704310617857794084.
In the posts, Armstrong falsely states, among other things:
“[First Post]
When this is all said and done, TJ Shedd will likely face prison time for
executing a full blown conspiracy. And anyone who has backed him will see the
truth,
[Second Post]
BTC Address: 33MAvXLQiGtsPyEYxdPkmUGdxHFFxcFANZ,
ADA Address
Ae2tdPwUPEZDpmXxgxitK
Z9sp37swLpe47 wie] MHC33ww54NdwY vzSrARgH
-12-
As of September 25, 2023, the first post had garnered no fewer than 175,000 views and
the second post had garnered no fewer than 156,000 views.
0 On September 12, 2023, Defendant made two linked posts on his X Account
available at this address: https://twitter.com/BenArmstrongsX/status/1701683593896988953, In
the posts, Armstrong falsely states, among other things:
[First Post]
Imagine losing a $1M per month sponsorship and then saying | hurt the company
that | own.
The company literally cannot survive without that Stake sponsorship...which will
be coming back when I return.
The employees need to understand they have been lied to for weeks.
[Second post]
And like a bunch of lemmings, most of them have blindly followed TJ, Justin, and
Carlos Diaz aka Larry Smith. All of these people will see who actually hurt the
company.
They bribed you for your loyalty. Even members of my own family have been
coerced and are now dead to me.”
As of September 25, 2023, the first post had garnered no fewer than 77,000 views and the
second post had garnered no fewer than 34,000 views.
P On September 12, 2023, Defendant made five linked posts in response to a post
made by X user, @Beezlrish, on his X Account available at this address:
https://twitter.com/BenArmstrongs X/status/1701671757428711740. In the posts, Armstrong
falsely states, among other things:
[First Post]
“You guys want to know something funny? You guys should ask TJ about
how he and his wife Alli Bevan met?
He hired her as an assistant aka his subordinate. She was married. 2 weeks later
they started an affair and she left her husband and married TJ.
It’s the hypocrisy for me.”
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As of September 25, 2023, the first post had garnered no fewer than 91,000 views and the
second post had garnered no fewer than 6,000 views.
Q On September 6, 2023, Defendant recorded and uploaded a Twitter Spaces audio
recording to his X Account titled “Ben Armstrong Returns” which is no longer available on his
public profile. In the recording Armstrong falsely states, among other things:
“T think there are probably about 5 people who work there who have a real
big problem with me out of forty or whatever it is. And the rest of them they’re
caught between a rock and a hard spot right now. What would you guys do if you
guys were living paycheck to paycheck like not just most of my employees do but
most of the people in the United States does and all of a sudden, your boss who
you’re close with or you’re friends with or you had a good relationship with —
you’re hearing all these horrible things about him. And from the people who don’t
like it, you’re hearing all these horrible things. You’re told if you reach out to
clarify, to try to get clarification on what has happened, you're fired, I have
family members in that spot, | have brothers and and other family members who
worked for me and now they have to work for somebody else and they’re in a bad
spot because they moved here, they have um careers, they have a good career
path, career tract, they have houses they’re responsible for, they have rent they’re
responsible for and now they’ve been put in a spot where they’re not even
allowed to talk to their own brother and it’s hard over there right now.”
As of September 7, 2023, the post had garnered no fewer than 19,000 views.
R On September 5, 2023, Defendant recorded and uploaded a video in a post on his
X Account available at: https://twitter.com/BenArmstrongsX/status/1699132772550361515. In
the video, Armstrong falsely states, among other things:
“We are going to try to give people less reasons to hate me going forward. And,
um, we we are gonna try, I’m still going to be the same Ben. But BitBoy is dead,
there is no BitBoy, there is no BitSquad.”
As of September 21, 2023, the post had garnered no fewer than 842,000 views.
Ss On August 29, 2023, Defendant participated in a recorded audio conversation on
the “Join $BEN Coin” Telegram channel in an “ask me anything” format. Defendant or another
channel administrator uploaded the recording on August 29, 2023. The recording has since been
-14-
removed, despite similar ask me anything style videos on the Join $BEN Coin channel from
August 22, 2023, September 5, 2023, and September 15, 2023, remaining active on the page. In
the recording, Armstrong falsely states, among other things:
“The head of the snake is Justin Williams, I'll tell you guys that. Anybody
that supports Voomio going forward you you can forget it. That thing is going to
be done on arrival, no question about it. That’s not that that thing’s never going to
take off. That was a big mistake that I made making him the CEO of that
company because technically I can’t fire him.”
“It’s my company, these people forgot whose company this is. They think
they have anything to do with it and they don’t. Guys look at HIT Network, look
at HIT Network. What is HIT Network? It’s a bunch of garbage, that’s what it is.”
“I can tell you guys that HIT Network is dead. HIT Network is going to
be dead going forward. I’m going to — all of those shows are going to be gone one
hundred percent.”
“I’m going to take back control of everything and if I don’t, if somehow
because of of of the level of deceit that TJ has led along the way; leaving me off
the building, leaving me off the trademark. It doesn’t matter, I still win no matter
what happens to the company. If I lose in court and I lose the company, then
that’s ok, they have nothing. I start over, it’s not a big deal. I start over with way
more publicity than I had before.”
“Let’s be real, HIT Network is TJ. It was his idea to do all these other
shows. I came up with the name and he came up with the idea of it and they’ve all
been a f***ing flop. That guy has never brought in a dollar to this company and
he knows it.”
“Let's not even get into that they're they're literally bribing employees one
of our employees came to me the other day and said hey you know TJ talked to
me and told me everything that's going on and I said you were doing cocaine
and then he gave me three and a half Ethereum”
(statements identified in subparagraphs A. to S. are collectively referred to as the “Statements”).
19.
The Statements in the videos, audio recordings and social media posts are false.
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20.
Armstrong knew that the Statements were false or acted with reckless disregard for
whether they were true or false at the time he made them.
21.
Plaintiffs have engaged the undersigned law firms and agreed to pay them a reasonable
fee to pursue this litigation through trial.
22.
All conditions precedent to the bringing of this action have been met, or if they have not
been met such failure is excused.
COUNTI
LIBEL
23.
Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully
stated herein.
24.
Defendant published and disseminated in writing false and defamatory statements
concerning Plaintiffs and each of them.
25,
Defendant published and disseminated the false and defamatory statements about
Plaintiffs to third-parties without privilege.
26.
Defendant’s fault amounts to at least negligence.
27.
Defendant acted willfully and maliciously by disseminating false and defamatory
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statements concerning Plaintiffs.
28.
As a result of Defendant’s libel, Plaintiffs have suffered damage, including incidental,
consequential, special, general, and compensatory damages, as well as pre-judgment and post-
judgment interest in an amount to be determined at trial. Plaintiffs HIT Network, Voomio and
the Company have been injured with respect to their credit, property or business.
29,
Plaintiffs have suffered special harm as a result of Defendant’s wrongful conduct. This
harm includes damage to Plaintiffs’ business reputation and relationships and the incurring of
costs and fees to hire professionals to deal with the situation Defendant created.
COUNT It
SLANDER
30.
Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully
stated herein.
31,
Defendant published and disseminated orally false and defamatory statements concerning
Plaintiffs and each of them.
32.
Defendant published and disseminated the false and defamatory statements about
Plaintiffs to third-parties without privilege.
33.
Defendant’s fault amounts to at least negligence.
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34,
Defendant acted willfully and maliciously by disseminating false and defamatory
statements concerning Plaintiffs.
35,
As a result of Defendant’s slander, Plaintiffs have suffered damage, including incidental,
consequential, special, general, and compensatory damages, as well as pre-judgment and post-
judgment interest in an amount to be determined at trial. Plaintiffs HIT Network, Voomio and
the Company have been injured with respect to their credit, property or business.
36.
Plaintiffs have suffered special harm as a result of Defendant’s wrongful conduct. This
harm includes damage to Plaintiffs’ business reputation and relationships and the incurring of
costs and fees to hire professionals to deal with the situation Defendant created.
COUNT Il
LIBEL PER SE
37.
Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully
stated herein.
38.
The statements about the Plaintiffs made in the videos constitute libel in that they amount
to “a false and malicious defamation of another, expressed in print, writing, pictures, or signs,
tending to injure the reputation of the person and exposing him to public hatred, contempt, or
ridicule” in violation of O.C.G.A. 51-5-1(a).
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39,
The statements about the Plaintiffs amount to Libel per se in that the statements include a
charge that the Plaintiffs and each of them are guilty of a crime, dishonesty or immorality.
40.
As a proximate result of the above-described libel per se, Plaintiffs have suffered loss of
reputation, shame, mortification, and injury. By and through the false, public depiction and
representation of Plaintiffs, Defendant has libeled Plaintiffs and each of them. Plaintiffs have
been damaged and continue to suffer damages as a result of Defendant’s libel per se. Damages
should be awarded in an amount to be determined by the enlightened conscience of fair and
impartial jurors.
41.
The above-described publication was not privileged. Defendant demonstrated willful
misconduct, reckless disregard, and that entire want of care, which raises the presumption of a
conscious indifference to the consequences. Consequently, punitive damages should be awarded
to punish, penalize and deter Defendant from engaging in such conduct in the future in an
amount to be determined by the enlightened conscience of fair and impartial jurors.
42.
Defendant’s actions constitute bad faith and have caused Plaintiffs unnecessary trouble
and expense. Defendant is, therefore, liable to Plaintiffs for their respective expenses incurred in
this litigation, including reasonable attorneys’ fees.
COUNT IV
DER PER SE
43.
Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully
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stated herein.
44,
The statements about the Plaintiffs made in the videos constitute slander in that they
amount to “oral defamation” in violation of O.C.G.A. 51-5-4.
45.
The statements about the Plaintiffs amount to Slander per se in that the statements
include a charge that the Plaintiffs and each of them are guilty of a crime, dishonesty or
immorality.
46.
As a proximate result of the above-described slander per se, Plaintiffs have suffered loss
of reputation, shame, mortification, and injury. By and through the false, public depiction and
representation of Plaintiffs, Defendant has slandered Plaintiffs and each of them. Plaintiffs have
been damaged and continue to suffer damages as a result of Defendant’s slander per se. Damages
should be awarded in an amount to be determined by the enlightened conscience of fair and
impartial jurors.
47.
The above-described publication was not privileged. Defendant demonstrated willful
misconduct, reckless disregard, and that entire want of care, which raises the presumption of a
conscious indifference to the consequences. Consequently, punitive damages should be awarded
to punish, penalize and deter Defendant from engaging in such conduct in the future in an
amount to be determined by the enlightened conscience of fair and impartial jurors.
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48.
Defendant’s actions constitute bad faith and have caused plaintiff unnecessary trouble
and expense. Defendant is, therefore, liable to Plaintiffs for their respective expenses incurred in
this litigation, including reasonable attorneys' fees.
COUNT V
FALSE LIGHT INVASION OF PRIVACY
49.
Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully
stated herein.
50.
Defendant has disseminated false publicity depicting both TJ Shedd and Williams as
someone whom they are not.
51.
The false light in which TJ Shedd and Williams have been placed is highly offensive and
would be so to a reasonable person.
§2.
As a result of Defendant’s portrayal of TJ Shedd and Williams in a false light, both have
suffered damages, including incidental, consequential, special, general, and compensatory
damages, as well as pre-judgment and post-judgment interest in an amount to be determined at
trial.
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COUNT VI
INJUNCTIVE RELIEF
53.
Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully
stated herein.
54,
As a result of Defendant’s actions, Plaintiffs and each of them have suffered, and will
continue to suffer, irreparable harm.
55.
Should Defendant be permitted to continue to defame Plaintiffs and to invade their
respective privacy, Plaintiffs will continue to suffer irreparable harm.
56.
Plaintiffs are without an adequate remedy at law, because continued damage to their
reputations is impossible to fully quantify.
57.
The balance of the equities favors requiring Defendant to retract his false statements
about Plaintiffs and to refrain from falsely disparaging them in the future.
58.
Plaintiffs and each of them are entitled to an injunction requiring Defendant to retract his
false statements about Plaintiffs and to refrain from falsely disparaging them.
COUNT VII
PUNITIVE AND EXEMPLARY DAMAGES,
ATTORNEY FEES AND COSTS
59,
Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully
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stated herein.
60.
Defendant is liable to Plaintiffs and each of them for punitive and exemplary damages in
an amount to be determined by the fact finder. Defendant has acted willfully, wantonly, and/or
with blatant disregard towards Plaintiffs and for the law.
61.
Defendant is liable to Plaintiffs and each of them for their reasonable attorneys’ fees and
expenses of litigation in this action.
62.
Defendant is without any justification for disseminating the malicious and false
statements about Plaintiffs to others. Thus, Defendant has acted in bad faith, been stubbornly
litigious and caused Plaintiff unnecessary trouble and expenses with respect to the matters raised
in this Complaint.
63.
Plaintiffs therefore request that the Court order Defendant to pay all expenses associated
with this litigation, including attorney’s fees and costs, under O.C.G.A. § 13-6-11.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment as requested above against Defendant and
further prays that:
(a) Plaintiffs and each of them be awarded damages against Defendant for his
tortious conduct, including all direct, special damages, general damages,
compensatory damages, consequential damage, liquidated damages, and all
other damages allowed by law;
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(b) Plaintiffs and each of them be awarded exemplary and punitive damages for
Defendant’s intentional and willful and malicious actions;
(c) Injunctive relief be awarded requiring Defendant to retract his false statements
about Plaintiffs and refrain from falsely disparaging them in the future;
@ Plaintiffs and each of them be awarded their actual attorney’s fees and costs
pursuant to 13-6-11;
(e) That all costs of this action be cast against Defendant;
© That Plaintiffs be awarded both prejudgment and post-judgment interest; and
(g) That Plaintiffs be awarded such additional damages, remedies, or relief as the
Court may deem just and proper.
JURY TRIAL DEMAND
Plaintiffs demand a trial by jury on all issues so triable.
Respectfully submitted this 27th day of September, 2023.
By: /s/ George A. Koeni,
George A. Koenig
Georgia Bar No. 427626
KOENIG LAW GROUP, P.C.
Peachtree 25th, Suite 599
1718 Peachtree Street NW
Atlanta, Georgia 30309
Telephone: (678) 539-6171
Facsimile: (678) 539-6218
george@koeniglawgroup.com
Attorneys for Plaintiffs HIT Network, LLC,
High Throughput Productions, LLC,
Voomio Media Holdings, Ltd. and BJ
Investment Holdings, LLC
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/s/ Daniel C. Norris
Dan
Preview
ID# 2023-0134580-CV @ EFILED IN OFFICE CLERK OF SUPERIOR COURT COBB COUNTY, GEORGIA 23107578 IN THE SUPERIOR COURT OF COBB COUNTY Kimberly A. Childs - 58 | EP 28, STATE OF GEORGIA HIT NETWORK, LLC, HIGH ) THROUGHPUT PRODUCTIONS, ) LLC, VOOMIO MEDIA HOLDINGS, ) LTD., TIMOTHY SHEDD, JR. BJ INVESTMENT HOLDINGS, LLC, and ) CIVIL ACTION NO. JUSTIN WILLIAMS Plaintiffs, JURY TRIAL DEMANDED Vv. BENJAMIN C. ARMSTRONG, Defendant. VERIFIED COMPLAINT COMES NOW HIT Network, LLC (“HIT Network”), High Throughput Productions, LLC (“HT Productions”), Voomio Media Holdings, Ltd. (“Voomio”), Timothy Shedd, Jr. (“TJ Shedd”), BJ Investment Holdings, LLC (the “Company”) and Justin Williams (“Williams”) (collectively, “Plaintiffs”) and for their Complaint against Benjamin C. Armstrong (“Armstrong” . or “Defendant”) states as follows: THE PARTIES 1 Plaintiff HIT Network is a domestic limited liability company organized and existing under the laws of the State of Georgia with its principal place of business located at 3102 Cobb Parkway, N.W., Kennesaw, Cobb County, Georgia 30152. 2. Plaintiff HT Productions is a domestic limited liability company organized and existing under the laws of the State of Georgia with its principal place of business located at 3102 Cobb Parkway, N.W., Kennesaw, Cobb County, Georgia 30152. 3 Plaintiff Voomio is a British Virgin Islands entity organized and existing under the laws of the British Virgin Islands with its principal place of business located at Boulder Corporate Services (BVI) Limited, Sea Meadow House, P.O. Box 116, Road Town, Tortola, British Virgin Island. 4 Plaintiff TJ Shedd is an individual resident and citizen of Georgia. 5 Plaintiff Company is a domestic limited liability company organized and existing under the laws of the State of Georgia with its principal place of business located at 3102 Cobb Parkway, N.W., Kennesaw, Cobb County, Georgia 30152. 6 Plaintiff Williams is an individual resident and citizen of Georgia and a member and manager of Voomio. 7 Defendant Armstrong is an individual resident and citizen of Georgia who may be served with process at 4944 Oglethorpe Loop, Acworth, GA 30101, or wherever he may be found within the State. -2- 8 This lawsuit arises from Defendant’s defamation of Plaintiffs to others without privilege. JURISDICTION AND VENUE 9 This Court has jurisdiction over the subject matter of this action. 10. This Court has personal jurisdiction over the Defendant because he is a resident or deemed to be a resident of the State of Georgia. 11. Venue in this Court is proper as to Defendant because he is a resident or are deemed to be a resident of Cobb County pursuant to Ga. Const. Art. VL, § 2, § VI and O.C.G.A. § 14-2- 510(b). FACTS 12. The Company is an investment holding company centered around online content channels featuring blockchain and cryptocurrency news and technologies, and is the sole member of HIT Network. 13. HIT Network is the parent company of HT Productions (which has done business as Bitboy Crypto) and is a creator and distributor of online content in the blockchain and cryptocurrency space. -3- 14, The Company and Justin Williams co-own Voomio. Voomio is an online NFT marketplace. 15. Until August 25, 2023 the Company had two members, TJSJ Holdings, LLC and Better Than TJ, LLC. TJ Shedd was the sole member of TJSJ Holdings, LLC. Armstrong was the sole member of Better Than TJ, LLC. TJ Shedd and Armstrong were also managers of the Company. 16. Armstrong also engaged in the creation of online content for HIT Network and HT Productions. 17. Plaintiffs, Armstrong and others had disagreements relating to business dealings. The disagreements resulted in one lawsuit being filed and dismissed and two lawsuits being filed and that are now pending in the Superior Court of Cobb County as follows: @ BJ Investment Holdings, LLC, TJSJ Holdings, LLC, and Timothy Shedd, Jr. v. Benjamin C. Armstrong and Better Then TJ, LLC, Civil Action No. 23107089, In the Superior Court of Cobb County, State of Georgia (pending); and i) Benjamin C. Armstrong and Better Than TJ, LLC y. BJ Investment Holdings, LLC, HIT Network, LLC, High Throughput Productions, LLC, Timothy Shedd, Jr., Timothy Shedd, Sr. and TJSJ Holdings, LLC, Civil Action No. 23107106, In the Superior Court of Cobb County, State of Georgia (pending); and (iii) Benjamin C. Armstrong and Better Than TJ, LLC y. BJ Investment Holdings, LLC, Timothy Shedd, Jr., Timothy Shedd, Sr. and TJSJ Holdings, LLC, Civil -4- Action No. 23106754, In the Superior Court of Cobb County, State of Georgia (dismissed), 18. Rather than address the parties’ disputes in a court of law, Armstrong decided to engage in a campaign of defamation against Plaintiffs, including, inter alia, the following: A On September 25, 2023 recorded and uploaded a video to YouTube titled “Bitcoin HORRIBLE Week AHEAD? (But WHY There is HOPE for Crypto)”, available at this web address: https://www.youtube.com/watch?v=xil{X43U-80, depicting Armstrong using a phone or electronic device to record a live video while operating a motor vehicle. In the video Armstrong falsely states, among other things: “Everybody knows they are criminals. And | just tweeted, just so everyone knows, going forward any person uh uh who appears on the show, anyone that appears, on any of the channels — outside of Frank, I will not include Frank, Frank does not get include — every person that appears on camera, at Discover Crypto, will now be getting a personal lawsuit and also included on our major lawsuits that are coming. Guys, these lawsuits are not threats, takes a few weeks to get these things together, but let me tell you, it’s going to be good. {laughs] Oh, we have so many charges coming for these people and I will be meeting with the FBI this week.” “I know y’all just lost a bunch of money. [laughs] Oh, I know you just lost a bunch of money that you were counting on coming in on a regular basis and now it’s not come either. And guess what? I’m going to take your other one too, don’t worry.” As of September 25, 2023, the post had garnered no fewer than 2,500 views. B On September 25, 2023, Defendant made a post on his X (formerly Twitter) account (@BenArmstrongsX) (the “X Account”), available at this web address: https://twitter.com/BenArmstrongsX/status/1706333934185775429, in which Armstrong falsely states, among other things: -5- “T will no longer be communicating with anyone at Hit Network. J offered TJ and Justin a deal to stay out of prison and they did not accept. I can tell anyone appearing on camera going forward, you ARE going to need a PERSONAL lawyer. 4 new names have been added to the list.” As of September 25, 2023, the post had garnered no fewer than 80,000 views. Cc On September 24, 2023, Defendant made a post on his X Account, available at this web address: https://twitter.com/BenArmstrongsX/status/1705947642608370019, in which Armstrong falsely states, among other things: “IMAGINE sponsoring Discover Crypto at this point Maybe TJ and Justin could afford another hitman Maybe a better one than Carlos Diaz” As of September 25, 2023, the video had garnered no fewer than 26,000 views. D. On September 24, 2023, Defendant made a post on his X Account, available at this web address: https://twitter.com/BenArmstrongsX/status/1705947642608370019, in which Armstrong falsely states, among other things: “Who is going to play TJ Shedd in the movie? Must look good in orange” As of September 25, 2023, the post had garnered no fewer than 34,000 views. E. On September 24, 2023, Defendant made a post on his X Account, available at this web address: https://twitter.com/BenArmstrongsX/status/1705854942093738176, responding to a post by user @NickDimondi. In Defendant’s post, Armstrong falsely states, among other things: “Hey @CypherPunk2023 after watching my video tonight you want to want reconsider having Nick “Lied About Getting Humped” Dimondi on stage. There will be hecklers I’m sure. -6- Steer clear of the @HitNetwork_ Mafia” As of September 25, 2023, the post had garnered no fewer than 34,000 views. F On September 23, 2023, Defendant recorded and uploaded a video to YouTube titled “Hit Network EXPOSED (Criminal Crypto Conspiracy - TJ SHEDD)”, available at this web address: hitps://www.youtube.com/watch?v=Eb7HOo ZOO0k&t=1917s, In the video Armstrong falsely states, among other things: “Use your brain, critical thinking skills here guys. Step out of the cult mentality that you allowed TJ and Justin and Carlos to, and Nick Dimondi to build around you so so you’re basically in a cult right now. HIT Network employees, you are basically in a cult right now. Everyone on the outside sees what’s happening.” “Tm not scared of you Carlos. I’m not scared of you TJ. Iam not scared of you Justin. | am not scared. I don’t care what you have, it’s irrelevant, because I do not negotiate with terrorists and you’re all going to prison.” “Everyone's gonna know it's you. Everyone knows you're involved. And T've got a list of all the people who you're involved with and I have specific Instructions for if something happens to me, for every single one of those people to be exposed: the producer, the leader of the gang, every one of them. I’ve got all the information, I do not want to get another person involved, this is on you Carlos, you did this. You extorted me, you threatened me, you blackmail blackmail me you created a psychological prison for me to live in and TJ, it was all your call. You had him do this. How can anyone listen to these two phone calls from TJ ‘I don't know what's happening, I’m not in control’ to Carlos ‘do what I say I will make a deal for them I work to make deals on behalf of TJ and Justin with you.’ Guys this is a criminal conspiracy my uncle [counting on fingers], Carlos, Justin Williams, TJ Shedd, Timothy Shedd, Allison Fiveash, Nicholas Dimondi, Aaron Curry all eight of these people are involved in a criminal conspiracy to overthrow me from my company.” As of September 25, 2023, the video had garnered no fewer than 73,000 views. G On September 20, 2023, Defendant recorded and uploaded a video on YouTube titled “I’m BACK: Ben Armstrong RETURNS to Crypto” and available at this web address: https://www.youtube.com/watch?v=Y Te34E92NhQ&t=2553s. In the video Armstrong falsely states, among other things: -7- “Guys, when you cut off a person from their business and then after that person is gone and the people who are in charge, which would be Justin Williams and TJ Shedd and Nicholas Dimondi and Allison Fiveash, these are the people. Allison is the biggest snake out of all of them by the way um she’s the one that started all this, there’s no question about it.” “My wife was sent a text from someone from HIT Network in Voomio two weeks ago telling her that they were going to put me under the concrete if I didn’t give them 3.2 million dollars” “T then caught the person on the phone saying it again. Guys this is not funny this is not a game, these people are literally pulling blackmail, extortion, death threats, a citizen conspiracy, all of this is true” “Tf you support anyone that is with HIT Network, you are directly spitting in my face, directly spitting in my face. That goes for anyone that’s on content over there. You guys please go let them know in the chat that I’m live over here. You let them know. Let the people in the chat know. Let them come over here. Because ain’t nobody give a **** what they say. Guys, you’re watching a bunch of people who have been unsuccessful in crypto to make money.” “They’re trying to psychologically make me think I’m going to prison. You almost had me guys, you almost had me. Uh, let’s see, ‘Ben needs to go publicly today by 12 noon on the Join $Ben Coin Telegram’ everything I said on the [August 29, 2023] AMA was a lie according to them. I didn’t tell one single lie on that AMA. Not one lie. Not one. Allison illegally broke into my accounts and tracked me after they fired me. There’s much more. There’s much more. Justin Williams tried to talk me into pumping and dumping Voomio, like what do you think they’re gonna do with that guys. That’s their plan. Wait until they can launch Voomio and they they’re going to launch a coin and then they’re going to pump it and dump it. That’s exactly what they’re gonna do. It’s obvious, right? Very, very, none of that’s a lie guys. Did TJ and Justin Williams buy testosterone and Dianabol and other stuff from me? Also true, also true guys. Like uh TJ had an affair. Uh, I’m sorry, he says ‘I didn’t have an affair, my wife did,” that’s what he said. He says, ‘I didn’t have an affair my wife, who was married at the time when she started working for me, she, let me tell ya, not an affair. Now she had an affair. My wife had an affair. It’s horrible, it’s horr- I would never do it.’ Guys all that stuff is true, shocker shocker. So no, I won’t walk anything back um absolutely not.” “It’s all about jealousy. It’s all about jealousy of one person who brought in the biggest contract that we ever received and got paid more for everybody because she brought the biggest value our channel has ever had. She got five percent of that. And you will see the jealousy of the CFO and the jealousy of TJ and the jealousy of Nick Dimondi and the jealousy of Justin Williams this is what drove this entire thing. The jealousy of someone else making more money than -8- them because they brought more money to the company than anybody ever has in history um and so um anyways I just I think that, uh, I got cut off from my money and like I said I had to borrow 20 — of course on top of everything in the middle of all this I lost my debit card on top of it. Not like 1 had a lot of money in my account to begin with um but | allow my business partner CFO to cut me off from all my money and the court didn’t award it back to me in the short term.” “T want to be very clear about Frankie and AJ, I hope they, I’ll tell you what I want to do. I’ll tell you what I want to do. I want to give, if I take back over, I’m gonna give Frank one hundred percent ownership of his channel 100 percent ownership of his channel, that’s what ’'m gonna do. Uh, I’m gonna give him 100 percent, would TJ do that? Do you, do you trust someone that just took someone’s channel from them? Do you trust that? Do you trust someone who sends death threats to you and you got twenty percent? | don’t know. I'll give you 100 percent of it when I get back in control.” “Frank and AJ, at the end of the day, if you’re supporting them, you’re eighty percent supporting HIT Network with Frank or whatever the number is, I think it’s eighty percent you’re supporting HIT Network, and that’s sad for him.” “Pll tell you what Frank should do. What Frank should do is Frank should leave. He should go get his own place because he stays in a house that’s owned by the company, they would have to evict him over a period of days or whatever anyways, and he should start over. Frank should start fresh. Frank, if you start over, I will promote the crap out of your channel. You'll be able to come on my channel. Look guys, all my people are here. They’re all here. They’re all still here. Frank, you will build that channel back incredibly quickly and you'll get 100 percent of the money.” “Tt is what it is guys. I’m really torn because I love AJ and Frank. All the other people there that are on camera are trash, Every single one of them are trash.” “I’m really torn because I support them as people but I can’t support who they work for. I can’t support who they work for. So when you’re engaging with them, you’re engaging with TJ and you’re helping TJ to get wind in his sails and try to do something. J don’t know what they’re go- outside of pumping and dumping Voomio, which guys, now that they’ve cleared me out of the way. Now they can pump and dump, right?” As of September 25, 2023, the video had garnered no fewer than 73,000 views. H On September 19, 2023, Defendant recorded and uploaded a video on YouTube titled “SHOCKING Allegations Against Hit Network (WHY I Need Your Help)” and available -9- at this web address: https:/vww.youtube.com/watch?v=cNHgikIsdW4. In the video Armstrong falsely states, among other things: “IT have been under threat of blackmail, I’ve been extorted for my Lamborghini, that’s gone, I’ve been under little death threat, literally told my wife they were going to put me under the ground, put me under concrete over money. Literally said that.” “Remember whose honor we’re supposed to be protecting here, right. What I did to my family. That’s what they’re claiming, but yet they’re willing to blackmail me and send a text to me and my wife the night before everything broke or the morning that everything broke and say ‘Hey, guys, we can keep this a family’ that’s what HIT Network has done. ‘We can keep this a family matter; we don’t have to come out with everything but if you don’t make a statement by 12 o’clock today then you’re done.’ So, the video that came out certainly was true, I mean, most of it, except for when I walked back some things that I said about certain people — mainly Justin Williams.” “They’re trying to bleed me out of money so I can’t fight. And so today, as | put twenty bucks in my gas tank earlier, that I had to borrow from someone because I have been one hundred percent cut off from all my money, all my money. My wife’s American Express card for the last month, that wasn’t paid. It was supposed to be getting paid by people that work for me and they didn’t do it, so the credit card’s maxed out. And guys we’re in a tough spot here because they’re trying to make me stop fighting. And so I humbly ask that if I’ve ever done anything for you, if I’ve ever encouraged you, if I've ever given you a dream that you might have something different, if I, if some of my content has helped you or if you’re on the outside of this situation and you see how dirty what’s happening is, then I humbly ask that you donate.” As of September 21, 2023, the video had garnered no fewer than 56,000 views. 1 On September 19, 2023, Defendant recorded and uploaded a video on YouTube titled “SHOCKING Allegations Against Hit Network (WHY I Need Your Help)” and available at this web address: https://www.youtube.com/watch?v=cNHgikIsdW4., In the video description, Armstrong falsely states, among other things: “Blackmail, extortion, public humiliation, death threats, outright lies, and more, I have receipts and proof 100%.” “My family and I have been scared for our lives. After we were blackmailed to comply.” -10- “We filed a lawsuit, Hit Network sent me a death threat which I have the police report for, they agreed to negotiate and I pulled the lawsuit.” “When this is all said and done, TJ Shedd will likely face prison time for executing a full blown conspiracy.” As of September 21, 2023, the video had garnered no fewer than 56,000 views. J. On September 9, 2023, Defendant recorded and uploaded a video on YouTube titled “BitBoy is DEAD [skull and crossbones emoji] It’s OF FICIAL” and available at this web address: https://www.youtube.com/watch?v=YTe34E92NhQ, In the video Armstrong falsely states, among other things: “We’re gonna be able to get this channel rolling in time for that bull run and guys I’m super excited. This is Ben Nation now, BitSquad is dead, BitBoy is dead. That’s a fact. BitBoy’s dead, don’t call me BitBoy anymore. You know, I have nothing to do with that brand, not associated with it.” As of September 25, 2023, the video had garnered no fewer than 85,000 views. K. September 20, 2023, Defendant made a post on his X Account, available at this web address: _https://twitter.com/BenArmstrongsX/status/1704505751 140540571, in which Armstrong falsely states, among other things: “Going live at 11:30am est. Tell your friends. But also be careful with your friends because if you aren’t paying attention they may run a coup against you and make up lies for money. [Link to the September 19, 2023 YouTube Video titled ‘I’m BACK: Ben Armstrong RETURNS to Crypto’]” As of September 25, 2023, the post had garnered no fewer than 58,000 views. L. On September 20, 2023, Defendant made a post on his X Account, available at this web address: https://twitter.com/BenArmstrongsX/status/1704310608395489345, which contains an embedded video clip of the September 19, 2023 YouTube video titled “SHOCKING -ll- Allegations Against Hit Network (WHY I Need Your Help)”. In addition to the false claims contained in the video, Armstrong’s post falsely states, among other things: “The fact is @HitNetwork_ has taken all my money from me so | can’t fight. I’m humbly asking anyone who has ever benefitted from my content or anything T’ve done to help donate to my legal fund to get BitBoy Crypto back. ETH Address: 0xa6079bC88540cC9360D 3c8D6f9cE583cdCcC3dC6” As of September 25, 2023, the post had garnered no fewer than 14,600,000 views. M On September 19, 2023, Defendant made a post on his X Account available at this web address: https://twitter.com/BenArmstrongsX/status/1704310616406499765. In the post, Armstrong falsely states, among other things: “We filed a lawsuit, Hit Network sent me a death threat which I have the police report for, they agreed to negotiate and I pulled the lawsuit. Then through my relative, they found out I was filing a lawsuit so they quickly filed a flimsy suit before we could get ours filed.” As of September 25, 2023, the post had garnered no fewer than 126,000 views. N On September 19, 2023, Defendant made two linked posts on his X Account available at this web address: http://twitter.com/BenArmstrongsX/status/1704310617857794084. In the posts, Armstrong falsely states, among other things: “[First Post] When this is all said and done, TJ Shedd will likely face prison time for executing a full blown conspiracy. And anyone who has backed him will see the truth, [Second Post] BTC Address: 33MAvXLQiGtsPyEYxdPkmUGdxHFFxcFANZ, ADA Address Ae2tdPwUPEZDpmXxgxitK Z9sp37swLpe47 wie] MHC33ww54NdwY vzSrARgH -12- As of September 25, 2023, the first post had garnered no fewer than 175,000 views and the second post had garnered no fewer than 156,000 views. 0 On September 12, 2023, Defendant made two linked posts on his X Account available at this address: https://twitter.com/BenArmstrongsX/status/1701683593896988953, In the posts, Armstrong falsely states, among other things: [First Post] Imagine losing a $1M per month sponsorship and then saying | hurt the company that | own. The company literally cannot survive without that Stake sponsorship...which will be coming back when I return. The employees need to understand they have been lied to for weeks. [Second post] And like a bunch of lemmings, most of them have blindly followed TJ, Justin, and Carlos Diaz aka Larry Smith. All of these people will see who actually hurt the company. They bribed you for your loyalty. Even members of my own family have been coerced and are now dead to me.” As of September 25, 2023, the first post had garnered no fewer than 77,000 views and the second post had garnered no fewer than 34,000 views. P On September 12, 2023, Defendant made five linked posts in response to a post made by X user, @Beezlrish, on his X Account available at this address: https://twitter.com/BenArmstrongs X/status/1701671757428711740. In the posts, Armstrong falsely states, among other things: [First Post] “You guys want to know something funny? You guys should ask TJ about how he and his wife Alli Bevan met? He hired her as an assistant aka his subordinate. She was married. 2 weeks later they started an affair and she left her husband and married TJ. It’s the hypocrisy for me.” -13- As of September 25, 2023, the first post had garnered no fewer than 91,000 views and the second post had garnered no fewer than 6,000 views. Q On September 6, 2023, Defendant recorded and uploaded a Twitter Spaces audio recording to his X Account titled “Ben Armstrong Returns” which is no longer available on his public profile. In the recording Armstrong falsely states, among other things: “T think there are probably about 5 people who work there who have a real big problem with me out of forty or whatever it is. And the rest of them they’re caught between a rock and a hard spot right now. What would you guys do if you guys were living paycheck to paycheck like not just most of my employees do but most of the people in the United States does and all of a sudden, your boss who you’re close with or you’re friends with or you had a good relationship with — you’re hearing all these horrible things about him. And from the people who don’t like it, you’re hearing all these horrible things. You’re told if you reach out to clarify, to try to get clarification on what has happened, you're fired, I have family members in that spot, | have brothers and and other family members who worked for me and now they have to work for somebody else and they’re in a bad spot because they moved here, they have um careers, they have a good career path, career tract, they have houses they’re responsible for, they have rent they’re responsible for and now they’ve been put in a spot where they’re not even allowed to talk to their own brother and it’s hard over there right now.” As of September 7, 2023, the post had garnered no fewer than 19,000 views. R On September 5, 2023, Defendant recorded and uploaded a video in a post on his X Account available at: https://twitter.com/BenArmstrongsX/status/1699132772550361515. In the video, Armstrong falsely states, among other things: “We are going to try to give people less reasons to hate me going forward. And, um, we we are gonna try, I’m still going to be the same Ben. But BitBoy is dead, there is no BitBoy, there is no BitSquad.” As of September 21, 2023, the post had garnered no fewer than 842,000 views. Ss On August 29, 2023, Defendant participated in a recorded audio conversation on the “Join $BEN Coin” Telegram channel in an “ask me anything” format. Defendant or another channel administrator uploaded the recording on August 29, 2023. The recording has since been -14- removed, despite similar ask me anything style videos on the Join $BEN Coin channel from August 22, 2023, September 5, 2023, and September 15, 2023, remaining active on the page. In the recording, Armstrong falsely states, among other things: “The head of the snake is Justin Williams, I'll tell you guys that. Anybody that supports Voomio going forward you you can forget it. That thing is going to be done on arrival, no question about it. That’s not that that thing’s never going to take off. That was a big mistake that I made making him the CEO of that company because technically I can’t fire him.” “It’s my company, these people forgot whose company this is. They think they have anything to do with it and they don’t. Guys look at HIT Network, look at HIT Network. What is HIT Network? It’s a bunch of garbage, that’s what it is.” “I can tell you guys that HIT Network is dead. HIT Network is going to be dead going forward. I’m going to — all of those shows are going to be gone one hundred percent.” “I’m going to take back control of everything and if I don’t, if somehow because of of of the level of deceit that TJ has led along the way; leaving me off the building, leaving me off the trademark. It doesn’t matter, I still win no matter what happens to the company. If I lose in court and I lose the company, then that’s ok, they have nothing. I start over, it’s not a big deal. I start over with way more publicity than I had before.” “Let’s be real, HIT Network is TJ. It was his idea to do all these other shows. I came up with the name and he came up with the idea of it and they’ve all been a f***ing flop. That guy has never brought in a dollar to this company and he knows it.” “Let's not even get into that they're they're literally bribing employees one of our employees came to me the other day and said hey you know TJ talked to me and told me everything that's going on and I said you were doing cocaine and then he gave me three and a half Ethereum” (statements identified in subparagraphs A. to S. are collectively referred to as the “Statements”). 19. The Statements in the videos, audio recordings and social media posts are false. -15- 20. Armstrong knew that the Statements were false or acted with reckless disregard for whether they were true or false at the time he made them. 21. Plaintiffs have engaged the undersigned law firms and agreed to pay them a reasonable fee to pursue this litigation through trial. 22. All conditions precedent to the bringing of this action have been met, or if they have not been met such failure is excused. COUNTI LIBEL 23. Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully stated herein. 24. Defendant published and disseminated in writing false and defamatory statements concerning Plaintiffs and each of them. 25, Defendant published and disseminated the false and defamatory statements about Plaintiffs to third-parties without privilege. 26. Defendant’s fault amounts to at least negligence. 27. Defendant acted willfully and maliciously by disseminating false and defamatory -16- statements concerning Plaintiffs. 28. As a result of Defendant’s libel, Plaintiffs have suffered damage, including incidental, consequential, special, general, and compensatory damages, as well as pre-judgment and post- judgment interest in an amount to be determined at trial. Plaintiffs HIT Network, Voomio and the Company have been injured with respect to their credit, property or business. 29, Plaintiffs have suffered special harm as a result of Defendant’s wrongful conduct. This harm includes damage to Plaintiffs’ business reputation and relationships and the incurring of costs and fees to hire professionals to deal with the situation Defendant created. COUNT It SLANDER 30. Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully stated herein. 31, Defendant published and disseminated orally false and defamatory statements concerning Plaintiffs and each of them. 32. Defendant published and disseminated the false and defamatory statements about Plaintiffs to third-parties without privilege. 33. Defendant’s fault amounts to at least negligence. -17- 34, Defendant acted willfully and maliciously by disseminating false and defamatory statements concerning Plaintiffs. 35, As a result of Defendant’s slander, Plaintiffs have suffered damage, including incidental, consequential, special, general, and compensatory damages, as well as pre-judgment and post- judgment interest in an amount to be determined at trial. Plaintiffs HIT Network, Voomio and the Company have been injured with respect to their credit, property or business. 36. Plaintiffs have suffered special harm as a result of Defendant’s wrongful conduct. This harm includes damage to Plaintiffs’ business reputation and relationships and the incurring of costs and fees to hire professionals to deal with the situation Defendant created. COUNT Il LIBEL PER SE 37. Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully stated herein. 38. The statements about the Plaintiffs made in the videos constitute libel in that they amount to “a false and malicious defamation of another, expressed in print, writing, pictures, or signs, tending to injure the reputation of the person and exposing him to public hatred, contempt, or ridicule” in violation of O.C.G.A. 51-5-1(a). -18- 39, The statements about the Plaintiffs amount to Libel per se in that the statements include a charge that the Plaintiffs and each of them are guilty of a crime, dishonesty or immorality. 40. As a proximate result of the above-described libel per se, Plaintiffs have suffered loss of reputation, shame, mortification, and injury. By and through the false, public depiction and representation of Plaintiffs, Defendant has libeled Plaintiffs and each of them. Plaintiffs have been damaged and continue to suffer damages as a result of Defendant’s libel per se. Damages should be awarded in an amount to be determined by the enlightened conscience of fair and impartial jurors. 41. The above-described publication was not privileged. Defendant demonstrated willful misconduct, reckless disregard, and that entire want of care, which raises the presumption of a conscious indifference to the consequences. Consequently, punitive damages should be awarded to punish, penalize and deter Defendant from engaging in such conduct in the future in an amount to be determined by the enlightened conscience of fair and impartial jurors. 42. Defendant’s actions constitute bad faith and have caused Plaintiffs unnecessary trouble and expense. Defendant is, therefore, liable to Plaintiffs for their respective expenses incurred in this litigation, including reasonable attorneys’ fees. COUNT IV DER PER SE 43. Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully -19- stated herein. 44, The statements about the Plaintiffs made in the videos constitute slander in that they amount to “oral defamation” in violation of O.C.G.A. 51-5-4. 45. The statements about the Plaintiffs amount to Slander per se in that the statements include a charge that the Plaintiffs and each of them are guilty of a crime, dishonesty or immorality. 46. As a proximate result of the above-described slander per se, Plaintiffs have suffered loss of reputation, shame, mortification, and injury. By and through the false, public depiction and representation of Plaintiffs, Defendant has slandered Plaintiffs and each of them. Plaintiffs have been damaged and continue to suffer damages as a result of Defendant’s slander per se. Damages should be awarded in an amount to be determined by the enlightened conscience of fair and impartial jurors. 47. The above-described publication was not privileged. Defendant demonstrated willful misconduct, reckless disregard, and that entire want of care, which raises the presumption of a conscious indifference to the consequences. Consequently, punitive damages should be awarded to punish, penalize and deter Defendant from engaging in such conduct in the future in an amount to be determined by the enlightened conscience of fair and impartial jurors. - 20- 48. Defendant’s actions constitute bad faith and have caused plaintiff unnecessary trouble and expense. Defendant is, therefore, liable to Plaintiffs for their respective expenses incurred in this litigation, including reasonable attorneys' fees. COUNT V FALSE LIGHT INVASION OF PRIVACY 49. Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully stated herein. 50. Defendant has disseminated false publicity depicting both TJ Shedd and Williams as someone whom they are not. 51. The false light in which TJ Shedd and Williams have been placed is highly offensive and would be so to a reasonable person. §2. As a result of Defendant’s portrayal of TJ Shedd and Williams in a false light, both have suffered damages, including incidental, consequential, special, general, and compensatory damages, as well as pre-judgment and post-judgment interest in an amount to be determined at trial. -21- COUNT VI INJUNCTIVE RELIEF 53. Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully stated herein. 54, As a result of Defendant’s actions, Plaintiffs and each of them have suffered, and will continue to suffer, irreparable harm. 55. Should Defendant be permitted to continue to defame Plaintiffs and to invade their respective privacy, Plaintiffs will continue to suffer irreparable harm. 56. Plaintiffs are without an adequate remedy at law, because continued damage to their reputations is impossible to fully quantify. 57. The balance of the equities favors requiring Defendant to retract his false statements about Plaintiffs and to refrain from falsely disparaging them in the future. 58. Plaintiffs and each of them are entitled to an injunction requiring Defendant to retract his false statements about Plaintiffs and to refrain from falsely disparaging them. COUNT VII PUNITIVE AND EXEMPLARY DAMAGES, ATTORNEY FEES AND COSTS 59, Plaintiffs restate and incorporate by reference each of the preceding paragraphs as if fully -22- stated herein. 60. Defendant is liable to Plaintiffs and each of them for punitive and exemplary damages in an amount to be determined by the fact finder. Defendant has acted willfully, wantonly, and/or with blatant disregard towards Plaintiffs and for the law. 61. Defendant is liable to Plaintiffs and each of them for their reasonable attorneys’ fees and expenses of litigation in this action. 62. Defendant is without any justification for disseminating the malicious and false statements about Plaintiffs to others. Thus, Defendant has acted in bad faith, been stubbornly litigious and caused Plaintiff unnecessary trouble and expenses with respect to the matters raised in this Complaint. 63. Plaintiffs therefore request that the Court order Defendant to pay all expenses associated with this litigation, including attorney’s fees and costs, under O.C.G.A. § 13-6-11. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays for judgment as requested above against Defendant and further prays that: (a) Plaintiffs and each of them be awarded damages against Defendant for his tortious conduct, including all direct, special damages, general damages, compensatory damages, consequential damage, liquidated damages, and all other damages allowed by law; -23- (b) Plaintiffs and each of them be awarded exemplary and punitive damages for Defendant’s intentional and willful and malicious actions; (c) Injunctive relief be awarded requiring Defendant to retract his false statements about Plaintiffs and refrain from falsely disparaging them in the future; @ Plaintiffs and each of them be awarded their actual attorney’s fees and costs pursuant to 13-6-11; (e) That all costs of this action be cast against Defendant; © That Plaintiffs be awarded both prejudgment and post-judgment interest; and (g) That Plaintiffs be awarded such additional damages, remedies, or relief as the Court may deem just and proper. JURY TRIAL DEMAND Plaintiffs demand a trial by jury on all issues so triable. Respectfully submitted this 27th day of September, 2023. By: /s/ George A. Koeni, George A. Koenig Georgia Bar No. 427626 KOENIG LAW GROUP, P.C. Peachtree 25th, Suite 599 1718 Peachtree Street NW Atlanta, Georgia 30309 Telephone: (678) 539-6171 Facsimile: (678) 539-6218 george@koeniglawgroup.com Attorneys for Plaintiffs HIT Network, LLC, High Throughput Productions, LLC, Voomio Media Holdings, Ltd. and BJ Investment Holdings, LLC -24- /s/ Daniel C. Norris Dan