Monday October 19 2015

By Email

To whom it may concern,

TheMerkle.com (Company)
Your defamatory internet posts and publications
I represent Project Investors Inc. I am an agent that acts for Cryptsy Inc. in connection with the
identification and pursuit of identified instances of libellous statements across the internet.
I have been made aware of various posts you, on behalf of yourself and your Company, have
made and are making on your website, themerkle.com, as well as your Twitter account which
makes reference to Cryptsy Inc.
Our claim
I have evidence to prove that the article hosted by your website themerkle.com (Website)
contain serious, untrue and highly defamatory comments towards Cryptsy, some of which contain
malicious falsehood. In doing so, defamatory comments are being communicated to thousands of
people throughout the world, posing a serious threat to the reputation of Cryptsy [and various
individuals who work at Cryptsy].
These comments seem designed to damage the reputation of Cryptsy Inc. in the market place and
divert business away from them rather than have any fair comment basis.
The defamatory articles are as follows:
https://twitter.com/themerklenews/status/655903960402800640
http://themerkle.com/fraud/do-not-deposit-to-cryptsy-gone-full-mtgox/
The allegations which will be the subject of a possible action are in summary as follows:
do-not-deposit-to-cryptsy-gone-full-mtgox
Cryptsy Scam Warning
In order to make a withdrawal you need to sell your soul to Cryptsy aka provide them with ID,
SSN, Address, etc. Cryptsy is not the first to request such invasive information, however, they are
the first to not allow withdrawals for users who do not want to provide such information. This
behavior is criminal and it looks like a class action lawsuit is the only option left for affected
customers.
I have included a small sample of the posts within the aforementioned article to illustrate the
defamatory and actionable nature of the content contained (Schedule A). Please note that this
is not an exhaustive list, but merely a token sample to illustrate the nature of the discussion.

Under law, a defamatory statement is one which tends to lower the claimant in the estimation of
right thinking members of society generally. The words are defamatory, identify or refer to the
claimant and are published by yourselves to third parties.

Legal proceedings
In order to protect Cryptsys interests we are considering proceedings against you in court. These
proceedings would seek remedies including but not limited to the following:

substantial damages;

an injunction to restrain you from publishing the same or similar statements in the future;
and

costs.

Jurisdiction
A defamatory statement is published at the place where it is read, heard or seen, and is not where
the material was first placed on the internet. In internet cases, therefore, provided a small number
of people have access to the material on the internet in The United States, the courts will have
jurisdiction to hear the claim against a foreign defendant (Spiliada Maritime Corp v Cansulex
Ltd [1987] A.C. 460).
Next steps
I am not against freedom of speech and recognize the value of fair comment. At this stage neither
I nor Cryptsy Inc. have any desire to issue legal proceedings against the operators and the
Website and we are keen to do all we can to avoid litigation where possible.
However, in accordance with the pre-action protocol for defamation, We will desist from issuing
legal proceedings provided within 14 days of the date of this letter you agree to do the following:
remove from publication in their entirety the defamatory article to prevent harm to Cryptsys
business.
If the defamatory threads are not permanently removed and the above undertakings are not
complied with by 5:00 PM EST on November 2, 2015 I shall revert to Cryptsy Inc. with a view to
recommending that they commence taking steps towards the swift issue of proceedings without
further notice.
I draw to your attention the terms of Section 2 of the Defamation Act 1996, under which you have
the right to offer to make amends.
I await your response. In the meantime I reserve Cryptsys rights, in particular the right to produce
this letter to the Court when it comes to consider costs.
Yours faithfully,
John MacPherson
Project Investors Inc.