CYTTA CORP 8-K Nov 5, 2014
Odd behavior for Brian Clark, from the link:
Email Correspondence from Tad Mailander dated November 9th, 2104 Re Mr. Brian Clark
Mr. Mailander stated in his correspondence “I received the attached letter from Mr. Bryan Clark, Esq. Can you please confirm to me whether or not this lawyer represents Cytta? Your prompt response is appreciated.” Mr. Mailander also advised that, he had received an earlier phone message from Mr. Clark wherein he identified himself as the attorney for EraStar, Inc. and Ms. Vanessa Luna.
Upon reviewing the correspondence from Mr. Clark dated November 3rd, 2104 stating, “I write to advise you that we have been retained by Cytta Corp. and to request that you transfer the file to this firm as soon as possible. The file should include all electronically stored materials, including but not limited to correspondence, word processing and spreadsheet files, and all drafts thereof, complete with any metadata.” Cytta advised by Mr. Mailander by letter dated November 9th, 2014 that,
“Mr. Bryan Clark has never represented Cytta Corp. in any capacity. The statements in his letter to you of November 3rd, 2014 are false. You are specifically instructed by Cytta not to provide him with the documents and any other materials or matters requested.
Mr. Clark is known to me [Gary Campbell] as the partner of Ms. .Kyleen Cane in the firm of Cane Clark, until her arrest by the FBI on July 17th, 2014. When Ms. Cane was arrested and charged for her involvement and her firms trust accounts use in a “$50 million dollar stock scam” involving mergers and Public Company disclosure, the EraStar principals suggested Mr. Clark continue as their lawyer. Cytta rejected that suggestion and you (Tad Mailander) were retained by EraStar, Inc. Please see news report regarding Kyleen Cane’s arrest and charges attached. We note Mr. Clark has now changed the name of his firm from “Cane Clark,” to simply “Clark” given Ms. Cane’s incarceration.
Ms. Cane and Mr. Clark were providing legal services to EraStar, Inc. and were jointly the original lawyers chosen by the EraStar principals (Jens, Vanessa, Steffan and Jamison) to represent EraStar and act for them in the merger process. In fact, they prepared a draft merger Agreement which EraStar provided to me and, based upon the representations of the EraStar principals were providing ongoing legal advice to EraStar regarding their corporate actions and filings.
We are very disturbed by Mr. Clark’s letter. His attempt to pass himself off as Cytta’s lawyer and collect the materials evidencing EraStar’s activities in your and Cytta’s possession is certainly misrepresentation and given his objective perhaps illegal.
Erik Stephansen and I also received a letter from Mr. Clark describing himself as the Cytta attorney, describing the EraStar principals as the Directors of Cytta, and purporting to call a Director’s Meeting on November 13th, 2014. He was once again seeking to obtain the very damaging EraStar materials in Cytta’s possession.”
Cytta also advises that pursuant to NRS 78.330 “each director holds office after the expiration of his or her term until a successor is elected and qualified, or until the director resigns or is removed.” The Bylaws of Cytta further provide inter alia that Directors may resign only by “giving written notice to the Board” of his resignation. Cytta Corp., its Directors and Officers, Gary Campbell, Erik Stephansen, and John Dinovo have never signed or executed written resignations as Directors of Cytta, nor have we taken any steps to change the Officers. Mr. Mailander confirms he has never received any documentation from Cytta Corp evidencing any changes to the Board or its Officers.
Cytta Corp. and its legal counsel is currently determining what the appropriate legal and/or regulatory disclosure and otherwise action to take, regarding Mr. Clark and possibly Ms. Cane’s actions and involvement in this matter specifically and all other actions of the Defendants.