In an affidavit, Brian McDonnell, chief executive of USOP, said he has been involved in the oil and gas sector for up to six years and USOP, incorporated in Ireland in 2009, was a well-run business formed to exploit the potential for substantial oil and gas finds in Nevada.
The material posted about USOP had had “a catastrophic effect” on his company’s share price and individually and cumulatively alleged serious wrongdoing against himself and his company’s employees, directors and officers, he said.
The gist of most of the statements was that he and USOP were engaged in a fraudulent attempt to induce investors to buy shares in a “sham” company, he said.
To suggest without any evidence and falsely he was a “fraudster” and “ponzi” scheme creator was defamatory per se, said Mr McDonnell .
Mr Fanning said the material complained of was posted on message boards on three websites:
boards.ieoperated by Boards.IE Ltd, an Irish company;
iii.co.uk, operated by London South East Ltd, a UK company; and , operated by two related companies, Interactive Investor Trading Ltd and Interactive Investor plc.