Bacon v. Nygard

FILED: NEW YORK COUNTY CLERK 03/07/2016 08:43 PM
NYSCEF DOC. NO. 297
INDEX NO. 150400/2015

RECEIVED NYSCEF: 03/07/2016
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK
----------------------------------------------------------x
:
LOUIS BACON,
:
:
Plaintiff,
:
: Index No. 150400/2015
-against:
: SECOND AMENDED COMPLAINT
PETER NYGRD, NYGRD
:
INTERNATIONAL PARTNERSHIP,
: Jury Trial Demanded
NYGRD INC., and DOES 1-20,
:
:
Defendants.
:
:
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INDEX
Page
SUMMARY OF THE ACTION ..................................................................................................... 1
PARTIES, JURISDICTION, AND VENUE ................................................................................ 14
A.
Plaintiff Louis Bacon ............................................................................................ 14
B.
Defendant Nygrd International ........................................................................... 16
C.
Defendant Nygrd Inc. .......................................................................................... 17
D.
Peter Nygrd ......................................................................................................... 17
E.
Does 1-20 .............................................................................................................. 18
FACTUAL BACKGROUND ....................................................................................................... 19

I.
The Origins of the Harassment Campaign ........................................................................ 19

A.
B.
II.
Early 2010: Nygrd Turns on His Neighbor ........................................................ 19

1.
The Canadian Broadcasting Company Documentary and Forbes

Article ....................................................................................................... 19
2.
The Building Permit Denial ...................................................................... 20
2010 to Present: Nygrd Launches the Harassment Campaign ........................... 22

1.
Nygrd Lashes Out: Threatening Mr. Bacons Family and Home .......... 22
2.
The Daily Mail Article .............................................................................. 23
3.
The Harassment Campaign Broadens ....................................................... 23
The Means and Methods of the Harassment Campaign ................................................... 24

A.
The Nygrd Companies ........................................................................................ 24
B.
Co-Conspirators .................................................................................................... 26
C.
The Harassment Campaigns Outlets Reach Audiences in New York and

Throughout the World........................................................................................... 29
1.
Newspapers and News Websites .............................................................. 29
2.
YouTube ................................................................................................... 29
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INDEX
Page
III.
IV.
3.
Attack Websites ........................................................................................ 31
4.
Domain Names.......................................................................................... 32
5.
Twitter ....................................................................................................... 33
6.
Anonymous Emails ................................................................................... 34
The Lies at the Heart of the Harassment Campaign ......................................................... 35

1.
False Accusations of Insider Trading Charges ......................................... 35
2.
False Accusations of KKK Membership .................................................. 37
3.
False Accusations of Murder .................................................................... 39
4.
False Accusations of Bribery .................................................................... 41
5.
False Accusations of Weapons, Narcotics, and Contraband

Smuggling ................................................................................................. 42
6.
False Accusations of Arson ...................................................................... 45
The Threatening, Intimidating, and Violent Elements of the Nygrd Defendants

Harassment Campaign Against Mr. Bacon ....................................................................... 46
A.
Point House Raid .................................................................................................. 46
B.
Attacks on Mr. Bacons Bahamian Counsel ......................................................... 47
C.
Staged Hate Rallies ............................................................................................... 49
V.
Acts of Wanton Destruction and Vandalism of Mr. Bacons Property ............................ 54
VI.
The Filing of Vexatious and Frivolous Lawsuits.............................................................. 56
VII.
The Nygrd Defendants and Their Proxies Efforts to Hide the Harassment
Campaign .......................................................................................................................... 59
A.
Sherman Browns Efforts to Obstruct Discovery of the Harassment

Campaign .............................................................................................................. 61
1.
Michael Rolle and Jason Graham ............................................................. 62
2.
Rolle and Graham Implicate Sherman Brown .......................................... 62
3.
Sherman Browns Lies .............................................................................. 63
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INDEX
Page
B.
Earlin Williams Efforts to Obstruct Discovery of the Harassment

Campaign .............................................................................................................. 66
C.
Phillippa Russells Efforts to Obstruct Discovery of the Harassment

Campaign .............................................................................................................. 69
D.
Nygrds Efforts to Obstruct Justice and Tamper with a Witness in the

United States ......................................................................................................... 70
E.
Equitable Estoppel and Equitable Tolling ............................................................ 72
VIII.
The Harassment Campaign Continues Unabated ............................................................. 73
IX.
Damages ............................................................................................................................ 75
FIRST CAUSE OF ACTION Intentional Infliction of Emotional Distress Against All

Defendants ........................................................................................................................ 76
SECOND CAUSE OF ACTION Defamation Against All Defendants........................................ 77
THIRD CAUSE OF ACTION Defamation Per Se Against All Defendants ................................ 80
FOURTH CAUSE OF ACTION Prima Facie Tort Against All Defendants ............................... 82
FIFTH CAUSE OF ACTION Aiding and Abetting Against All Defendants .............................. 83
SIXTH CAUSE OF ACTION Civil Conspiracy Against All Defendants ................................... 84
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Plaintiff Louis Bacon (Mr. Bacon or Plaintiff), by his attorneys, Gibson, Dunn &
Crutcher LLP, for his Complaint against defendants Nygrd International Partnership (Nygrd
International), Nygrd Inc. (together with Nygrd International, the Nygrd Companies),
Peter Nygrd (Nygrd), and John Does 1-20 (Does) (collectively, Defendants), alleges as
follows:
SUMMARY OF THE ACTION
The Harassment Campaign Background
1.
For almost half a decade, Nygrd has covertly waged an obsessive, deliberate and
malicious campaign of harassment and intimidation against Mr. Bacon (the Harassment
Campaign). Acting in concert with the Nygrd Companies and other agents and coconspirators, Nygrd has secretly been the ringleader of this worldwide Harassment Campaign.
2.
The Nygrd Defendants have used a combination of unlawful and heinous means
to conduct the Harassment Campaign, which include, among other acts:

a.
threatening and/or engaging in violence against Mr. Bacon and those close
to him;
b.
engaging in repeated acts of wanton destruction of property and vandalism

at Mr. Bacons residence in the Bahamas;
c.
instigating an unjustified and trumped-up police raid on Mr. Bacons

residence in the Bahamas;
d.
organizing and paying for staged hate rallies, marches, and protests
threatening and intimidating Mr. Bacon and those close to him;
e.
creating and distributing t-shirts, placards, and signs spreading malicious

lies and derogatory statements about Mr. Bacon and his supporters;
f.
publishing false and derogatory accusations against Mr. Bacon over the
Internet, radio, television, and in print media;
g.
using websites, twitter accounts, and blogs bearing Mr. Bacons name in
their title; and
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h.
3.
filing frivolous and vexatious criminal and civil lawsuits against Mr.
Bacon.
The Nygrd Defendants have waged their unlawful campaign against Mr. Bacon
from the shadows, by paying and corrupting co-conspirators and proxies, including but not
limited to lawyers, journalists, reporters, press consultants, videographers, website developers,
bloggers, and fake protesters. Nygrd has also enlisted the assistance of controversial public
figures such as Nation of Islam Minister Louis Farrakhan to further his Harassment Campaign.
4.
The activity at the heart of the Harassment Campaign both occurred and caused
injury to Mr. Bacon within New York. The Harassment Campaign targets a New York resident,
Mr. Bacon, and the false accusations of criminal conduct and other defamatory statements were
intended for publication, and in fact were published, in New York. Because the Harassment
Campaign targets a New York resident, Mr. Bacons injuries have occurred within New York.
5.
Nygrd operates the Harassment Campaign from New York, through, among
other means, the Nygrd Companies he owns and controls as his alter egos. When present in
New York, Nygrd operates the Harassment Campaign from the Times Square headquarters of
his billion-dollar fashion company, as well as the suite above his Times Square headquarters,
where he resides while in New York. Nygrd and his proxies use the Nygrd Companies
facilities and resources to advance the Harassment Campaign from New York, including, among
other things, the New York-based Companys employees, office space, lodging space, bank
accounts, computers, vehicles and jet, and video equipment. Since the start of the Harassment
Campaign against Mr. Bacon, upon information and belief, Nygrd has traveled to New York 39
times and spent approximately 278 days in New York.
6.
The Harassment Campaign against Mr. Bacon is the result of Nygrds irrational
obsession with Mr. Bacon, whom Nygrd blames for problems of Nygrds own making. Mr.
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Bacon is a prominent businessman and an internationally recognized environmental

philanthropist and conservationist, and a co-founder and director of the not-for-profit Coalition
to Protect Clifton Bay, now commonly referred to as Save The Bays. Mr. Bacon also owns a
home next to Nygrds compound (which he re-named Nygrd Cay) in the Lyford Cay area of
the Bahamas. For at least the past fifteen years, Nygrd has unlawfully attempted to expand his
compound in the Bahamas beyond its original footprint by, among other things, erecting seawalls
and dredging the seabed surrounding Nygrd Cay. Such activities have greatly damaged the
fragile marine ecosystem in the Bahamas.
7.
Because Save The Bays primary mission is to protect and preserve the delicate
Bahamian environment, Save The Bays has objected to Nygrds efforts to unlawfully expand
his property in the Bahamas, and has initiated lawsuits that have effectively enjoined Nygrd
from engaging in these environmentally damaging activities. Mr. Bacon is a founder of Save the
Bays and Nygrds neighbor in the Bahamas, and Nygrd blames Mr. Bacon for the court orders
(and other government action) against him. Furthermore, Nygrd wrongly believes that Mr.
Bacon is responsible for negative exposs published about Nygrd in mid-2010 by legitimate
media publishers such as Forbes magazine and the Canadian Broadcasting Company (CBC).
As a result, Nygrd has developed an irrational belief that Mr. Bacon is his nemesis and Nygrd
harbors actual malice towards Mr. Bacon.
8.
The Harassment Campaign is systematic, reprehensible, and outrageous. This
longstanding and unrelenting campaign has lasted more than four years and continues to this day.
The Harassment Campaign has subjected and continues to subject Mr. Bacon to public
humiliation, intimidation, and harassment, in an effort to damage Mr. Bacons reputation, to
subject Mr. Bacon, his family, and supporters to physical threats and potential violence wherever
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they are located (including in New York), and to inflict severe emotional distress on Mr. Bacon
in New York. In orchestrating the Harassment Campaign, the Nygrd Defendants conduct has
been outrageous, violates public policy, and is inconsistent with standards of decency in a
civilized society.
The Harassment Campaigns Smears Against Mr. Bacon
9.
In furtherance of the Harassment Campaign, the Nygrd Defendants caused the
malicious publication of the following reprehensible lies about Mr. Bacon:
10.
a.
He murdered multiple individuals who died under suspicious

circumstances, and he then covered up those murders from law
enforcement;
b.
He is a white supremacist and a member of the Ku Klux Klan (KKK),

determined to exclude native Bahamians from Clifton Bay;
c.
He was charged by prosecutors and accused of criminal conspiracy in a

billion dollar scam that is one of the biggest Wall Street insider trading
cases ever, referring to the insider trading arrest of Rajat Gupta;
d.
He smuggled narcotics, weapons, and other contraband in and out of the

Bahamas;
e.
He possessed terrorist weaponry (such as illegal speakers) that pose a

national security threat to the Bahamas and have physically harmed
Nygrd;
f.
He committed arson of Nygrds residence; and
g.
He has bribed Bahamian officials.
At all times, the Nygrd Defendants have caused these false accusations of
criminal and other reprehensible conduct to be published with actual malice and reckless
disregard for the truth and in an effort to harass, intimidate, and inflict emotional distress on Mr.
Bacon. The Nygrd Defendants had full knowledge of the falsity of the statements published
about Mr. Bacon through the Harassment Campaign and/or were recklessly indifferent to the
truth or falsity of those statements.
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11.
The Nygrd Defendants transmitted these lies about Mr. Bacon by, among other
means, fabricating news stories about him by doctoring actual news reports produced and aired
by legitimate news organizations and editing Mr. Bacons picture into those news reports. The
Nygrd Defendants then caused these doctored news reports to be broadcast on YouTube and
other websites available in the United Sates, with the intent and effect of reaching audiences
throughout the world, including in New York. For example, through co-conspirators, the Nygrd
Defendants doctored published news footage about the KKK in the United States and a highprofile insider trading arrest, and falsely claimed to have exposed Mr. Bacon as a member of
the KKK and stated that Mr. Bacon is responsible for and has been charged in one of the
biggest Wall Street insider trading cases ever.
12.
In furtherance of the Harassment Campaign, the Nygrd Defendants and their
agents have directly paid proxies and other co-conspirators to create, edit, and publish false and
injurious allegations against Mr. Bacon, including in false and harassing videos. Upon
information and belief, such payments were made from, among other sources, bank accounts
owned and controlled by the Nygrd Companies and routed through and to banks in the United
States, including in New York.
13.
In furtherance of the Harassment Campaign, Nygrd and other high-ranking
executives and employees at the Nygrd Companies directly instructed and supervised proxies
regarding the content of the malicious lies about Mr. Bacon. In addition, high-ranking
executives and employees at the Nygrd Companies provided detailed instructions to
videographers hired by the Nygrd Companies regarding how to hide their and the Defendants
involvement in the Harassment Campaign, by, among other means, submitting sham corporate
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invoices to the Nygrd Companies and using fake names to upload the attack videos to the
Internet.
14.
The Nygrd Defendants intended to and did maximize the harm to Mr. Bacon in
New York from the Harassment Campaigns smears through a variety of means, including but
not limited to: (a) publishing their smears about Mr. Bacon in international newspapers
distributed in New York and over the Internet on websites (e.g., YouTube) available to New
York residents; (b) repeating the same lies in a number of different publications and websites in
order to give the false appearance that the lies are generally-accepted truths; and (c) republishing their lies in a new medium, such as Twitter, in an effort to reach a new and broader
audience. Upon information and belief, the Nygrd Defendants undertook these measures in
order to harm Mr. Bacons reputation in New York and to inflict severe emotional distress on
him in New York.
15.
Attached as Appendix A is a chart containing articles, videos, and defamatory
statements that, upon information and belief, the Nygrd Defendants have published, caused to
be published, or aided and abetted and conspired in the publication of, as part of the unlawful
Harassment Campaign. Appendix A to this Second Amended Complaint now includes 33 new
defamatory statements published during the year since Mr. Bacon initially filed this suit in
January 2015. These 33 new publications include false and defamatory allegations that Mr.
Bacon is a murderer, is a member of the KKK, and is under criminal investigation for insider
trading, among other outrageous and baseless accusations.1 These articles either explicitly
The 33 new statements were published via staged protests, interviews with media representatives, social
networking sites, YouTube videos, and a variety of attack blogs and fake news sources, including Louis Bacon
News; The Bahama Journal; Bahamas National; Caribbean Register; LouisBaconUnleashed.wix.com;
LouisdBaconUnmasked.org; LouisBaconUnmasked.com; Re-negotiate.org; and Re-negotiate.net. Copies of the
defamatory publications themselves are attached as Appendix B.
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defame Mr. Bacon or, taken as a whole, can be reasonably read to impart a defamatory inference
about Mr. Bacon that the Nygrd Defendants intended and endorsed. Upon information and
belief, the Nygrd Defendants, acting directly and through co-conspirators, may also be
responsible for publishing additional false, malicious, defamatory, and materially misleading
statements that are currently unknown to Mr. Bacon.
The Harassment Campaigns Staged Hate Rallies and Hate Speech
16.
In furtherance of the Harassment Campaign, the Nygrd Defendants and their
proxies have also secretly orchestrated staged hate rallies against Mr. Bacon and his
supporters, in an effort to create a hostile, intimidating and harassing environment against Mr.
Bacon that threatens harm to Mr. Bacon, his family, and supporters. Although occurring in the
Bahamas, these staged hate rallies were intended to, and did, inflict harm on Mr. Bacon in New
York, where Mr. Bacon resides. Upon information and belief, the Nygrd Defendants
orchestrated these staged anti-Bacon hate rallies and paid Bahamians to march against Mr.
Bacon.
17.
For example, the Nygrd Defendants, acting directly and through co-conspirators,
orchestrated a staged hate rally in the Bahamas on July 14, 2014, during which hundreds of
Bahamians were outfitted with t-shirts, signs, and placards falsely accusing Mr. Bacon of
membership in the KKK, of being a terrorist and a thief, and threatening to throw Mr. Bacon out
of the Bahamas.
18.
Similarly, on New Years Day 2015, upon information and belief, Nygrd and his
proxies orchestrated another staged hate rally, during which a mob marched through downtown
Nassau, Bahamas, wearing white hats similar to those worn by KKK members and carrying
placards emblazoned with Bacon is KKK and Bacon Go Home. Leading this staged hate
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rally against Mr. Bacon were two individuals carrying a large placard titled The Coalition to
Rid the Bahamas of Louis Moore Bacon!!!
19.
Nygrd has personally subjected Mr. Bacon to hateful speech intended to
intimidate and harass Mr. Bacon and to subject him to public scorn and hatred. In mid-July
2014, for example, Nygrd erected two large signs on his property that are pointed directly at
Mr. Bacons property and which can be viewed both from Mr. Bacons property and from the
waters surrounding it. These signs maliciously attack Mr. Bacon. One sign states: ITS [SIC]
TIME TO THROW THE TRASH OUT!, referring to LOUIS KKK BACON and MOORE
CAPITAL MANAGEMENT. The other sign bears Mr. Bacons image with the word
CRIMINAL stamped on his forehead. Superimposed over the image are the words: BACON
NOT THE SOLUTION[.] HE IS THE PROBLEM[.] SAY NO! TO MOORE CAPITAL
MANAGEMENT AND LOUIS KKK BACON.
The Harassment Campaigns Actual and Threatened Violence
20.
The Nygrd Defendants and their proxies have also subjected Mr. Bacon and his
supporters and allies to acts of actual or threatened violence in furtherance of the Harassment
Campaign.
21.
For example, Keod SmithNygrds attorney, and counsel for a number of
Nygrds proxies in lawsuits brought against them by Mr. Bacon, and a key proxy himself
through whom the Nygrd Defendants wage their unlawful campaign against Mr. Bacon
instigated a mob riot against Fred Smith, a director of and the lead attorney for Save The Bays
and a close ally of Mr. Bacon in the effort to protect the Bahamas environment. At the direction
of the Nygrd Defendants proxy Keod Smith, the mob, armed with sticks and metal weapons,
surrounded Fred Smiths vehicle, smashed in its rear windshield, and attempted to prevent Fred
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Smith from escaping unharmed. In addition, Keod Smith threatened Mr. Bacon, stating that
Keod Smith would personally make sure that Louis Bacon was jailed in Fox Hill Prison, and
that a big six foot black man . . . is going to take care of Bacon. This act of violence against
Fred Smith was calculated to intimidate, and did in fact intimidate, Mr. Bacon, while he was
residing in New York at the time.
22.
Upon information and belief, there have been other acts of threatened or actual
violence targeted at Mr. Bacon and his supporters as a result of Nygrd and his proxies conduct.
23.
Nygrd has also engaged in outrageous and repeated acts of malicious and wanton
destruction and vandalism of Mr. Bacons property in the Bahamas. Over the course of just a
couple of months, Nygrd caused his agents and employees to (i) paint and vandalize the
roadway on Mr. Bacons property; (ii) break four security cameras on Mr. Bacons property; (iii)
remove safety speed bumps on Mr. Bacons roadway; (iv) remove coral stones and destroy
plants on Mr. Bacons property; (v) lay an additional layer of asphalt to elevate the gradient of
the roadway on Mr. Bacons property; (vi) cut away and remove security gates located on Mr.
Bacons property; and (vii) discard those stolen security gates on the edge of Mr. Bacons
driveway and over a wall near Mr. Bacons home.
24.
Nygrds acts of repeated vandalism against Mr. Bacons property in the Bahamas
were outrageous and reprehensible, and were maliciously calculated to intimidate and inflict
emotional distress on Mr. Bacon. Among other things, Nygrds acts of vandalism were
intended to, and did, signal to Mr. Bacon that neither security measures (gates or cameras) nor
court orders can prevent Nygrd from acting above the law.
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The Harassment Campaigns Filing of False Criminal Accusations and

Vexatious Frivolous Lawsuits
25.
Nygrd, with the assistance of the Nygrd Companies and other agents and co-
conspirators, has made false accusations and reports of criminal and heinous conduct against Mr.
Bacon. Among other law enforcement actions prompted by Nygrd, Nygrd also maliciously
instigated an unprecedented police raid of Mr. Bacons Bahamas home, in order to intimidate
and harass Mr. Bacon, and falsely reported to authorities that Mr. Bacon harbored illegal
military-grade weapons. As a result, approximately eleven armed Bahamian police officers
from the Anti-Terrorist Squad conducted a four-hour raid of Mr. Bacons home, detained and
handcuffed Mr. Bacons staff, and photographed Mr. Bacons personal possessions, including
photographs of his young children, while purporting to look for terrorist weaponry on the
premises, only to find nothing of the sort.
26.
Between March 2011 and mid-2012, Nygrd, with the assistance of the Nygrd
Companies and other agents and co-conspirators, has also filed two separate private criminal
actions and two separate civil conspiracy actions against Mr. Bacon. In each of these actions,
Nygrd falsely alleged that Mr. Bacon engaged in a conspiracy with the CBC to extort and
defame Nygrd and advanced scandalous allegations against Mr. Bacon in those lawsuits,
including allegations of bribing witnesses, using intimidation and coercion to harm Nygrd, and
publishing false allegations about Nygrd.
27.
The allegations against Mr. Bacon in these criminal and civil lawsuits were
entirely false, baseless, and malicious. After Nygrd filed the first private criminal conspiracy
action against Mr. Bacon, the Bahamas Attorney General intervened to dismiss the action against
Nygrds wishes. Undeterred, Nygrd continued to file substantially identical allegations against
Mr. Bacon in subsequent civil and criminal actions.
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28.
Although Nygrd never served Mr. Bacon with these lawsuits, the lawsuits were
filed publicly and garnered substantial press attention.

29.
Upon information and belief, Nygrd publicly filed these frivolous lawsuits
against Mr. Bacon in an effort to harass and intimidate, to inflict emotional distress, and to
maliciously advance false allegations against Mr. Bacon in a setting that Nygrd believed would
privilege journalists and newspapers to republish the false allegations.
30.
Upon information and belief, Nygrd continued to file these frivolous lawsuits
against Mr. Bacon, despite the Attorney Generals early intervention in the first private criminal
action filed by Nygrd, to signal to Mr. Bacon that not even the Bahamian Attorney General can
deter Nygrd from engaging in his continued and persistent Harassment Campaign.
Mr. Bacons Diligent Efforts To Uncover the Source of the Harassment Campaign
31.
Mr. Bacon has diligently sought to uncover the true identity of the individuals
behind the Harassment Campaign through the commencement of lawsuits in the Bahamas and
around the world. Between 2010 and 2014, Mr. Bacon has initiated more than a half dozen
discovery actions and lawsuits in the Bahamas, the United Kingdom, and the United States
against individuals and entities that have maliciously made defamatory statements about Mr.
Bacon.
32.
The Nygrd Defendants and their proxies have gone to great lengths to hide the
existence of and their involvement in the Harassment Campaign. First, the Nygrd Defendants
have acted through proxies and surrogates to hide evidence and prevent suspicion that the
Nygrd Defendants are behind the well-orchestrated Harassment Campaign. Second, certain
Nygrd proxies have refused to comply with disclosure orders issued by Bahamian courts and
have lied under oath to hide the existence of, and the Nygrd Defendants involvement in, the
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Harassment Campaign. Third, Nygrd Defendants have subjected certain of their proxies and
co-conspirators to onerous confidentiality provisions with threatened litigation, to silence and
intimidate the proxies from disclosing the true facts about the Nygrd Defendants involvement
in the Harassment Campaign. Fourth, when a whistleblower came forward to reveal the truth,
Nygrd, through proxies, attempted to intimidate and tamper with that whistleblower in an effort
to obstruct justice and prevent him from revealing the truth about the Harassment Campaign.
33.
Despite this scheme to conceal their involvement in the Harassment Campaign, in
mid-2014, the scope of Nygrds involvement in the Harassment Campaign and the internal
operations of Nygrds network of co-conspirators and proxies were revealed. Specifically, in or
about March 2014, a whistleblower Stephen Feralioone of the videographers who edited and
anonymously uploaded defamatory videos about Mr. Bacon to YouTubecame forward with
smoking-gun video, documentary, and testimonial evidence of Nygrds involvement in the
Harassment Campaign. For example, Mr. Feralio described Nygrds irrational obsession with
Mr. Bacon, Nygrds extensive efforts to harass Mr. Bacon, the use of the Nygrd Companies
resources, including but not limited to personnel, facilities, and funds, to support the Harassment
Campaign, and Mr. Feralios own complicit and improper involvement in creating defamatory,
harassing, and intimidating videos about Mr. Bacon. As a result of the information volunteered
by the whistleblower, among other evidence recently uncovered, Mr. Bacon has now learned that
the false and defamatory statements published about Mr. Bacon as part of the Harassment
Campaign are in fact part of a well-coordinated plot, orchestrated by Nygrd with the assistance
of the Nygrd Companies and numerous others, to harass, intimidate, and defame Mr. Bacon.
34.
Indeed, after Mr. Bacon filed this lawsuit, Peter Nygrd proudly acknowledged
his pivotal and ongoing role in the Harassment Campaign. In May 2015, during an interview
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with a Vanity Fair reporter in which he spewed many of the same lies described above, Peter
Nygrd was asked whether he has bankrolled the Harassment Campaign, to which he
responded, I might have done that. Ive been very supportive.
35.
During that same interview, which was published as part of a lengthy article in
Vanity Fairs January 2016 issue, Peter Nygrd went on to explain why he continues, with
brazen disregard for this Court, to perpetuate the unrelenting Harassment Campaign. According
to Nygrds sick cost-benefit analysis, indulging his own hatred and malice is worth the price: as
he explained to Vanity Fair, as I understand it, the biggest award ever given in New York is for
one million (which is yet another incorrect assertion).
The Harassment Campaign Has Injured Mr. Bacon
36.
The Harassment Campaign has inflicted severe reputational, financial, and
emotional harm on Mr. Bacon, including, but not limited to, tarnishing his personal and
professional reputations and requiring, among other things, the expenditure of attorneys fees and
other related professional fees to uncover the sources of the Harassment Campaign against him.
The Nygrd Defendants unlawful conduct has also caused Mr. Bacon to fear for his life and the
safety of his family, loved ones, friends, associates and supporters. The Nygrd Defendants
longstanding and systematic Harassment Campaign against Mr. Bacon has caused Mr. Bacon to
suffer severe emotional distress and mental pain and anguish, including, but not limited to,
anxiety, stress, humiliation, embarrassment and ostracism, loss of sleep and exacerbation of other
physical harms, deprivation of social and business relationships, and damage to his professional,
social and philanthropic reputations.
37.
The Harassment Campaign has intimidated Mr. Bacon and his family such that
they can no longer return to the Bahamas for fear of bodily harm. Mr. Bacon married his wife in
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the Bahamas, schooled his children in the Bahamas; and, for many weeks and months each year,
he and his family called the Bahamas their home. As a result of the Harassment Campaign, the
Bahamas is no longer safe for Mr. Bacon and his family. While Mr. Bacon and/or his family
resided in the Bahamas for a total of approximately 210 days in 2008 and 270 days in 2009, by
2013 and 2014, they resided in the Bahamas for only approximately 14 days and 7 days,
respectively. As a result of the Harassment Campaign Mr. Bacon has not returned to the
Bahamas since approximately April 2014.
38.
Mr. Bacon now brings this action to seek redress and damages, including
compensatory and punitive damages, for the Defendants unlawful conduct. This action is the
first and only lawsuit commenced by Mr. Bacon against the Nygrd Defendants to hold them
accountable for the Harassment Campaign.
PARTIES, JURISDICTION, AND VENUE
A.
Plaintiff Louis Bacon
39.
Mr. Bacon is resident of New York State and maintains a residence in New York,
New York. Mr. Bacon is the Chairman and Chief Executive Officer of Moore Capital
Management (MCM), a private investment management firm founded and headquartered in
New York City with additional offices in London and Hong Kong. Mr. Bacon is an active
member of a number of corporate and university boards and organizations based in New York,
including the Board of Overseers at Columbia Business School, the Investor Advisory
Committee on Financial Markets of the Federal Reserve Bank of New York, and the Board of
the Foreign Policy Association; he also serves on the Board of Trustees of Middlebury College
and on the Leadership Council of the Center for Public Leadership at Harvard Kennedy School.
Mr. Bacon is an internationally recognized environmental philanthropist and conservationist and
is the founder of The Moore Charitable Foundation, a New York-based not-for-profit
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organization that provides financial support to non-profit organizations focused on land and
water conservation in the United States, the Bahamas and Panama; the founder of The Moore
Bahamas Foundation, a not-for-profit which supports environmental education and advocacy
organizations in the Bahamas; a co-founder (with Robert F. Kennedy, Jr. and Ted Turners
Foundation) of Waterkeeper Alliance, a New York-based not-for-profit organization that
champions clean water and strong communities through its 240 member organizations; and a cofounder and director of the not-for-profit Coalition to Protect Clifton Bay, now commonly
referred to as Save The Bays, whose primary mission is to protect and preserve the Bahamian
environment. In 2013, Mr. Bacon received the prestigious Audubon Medal for Environmental
Leadership in New York City, The Peconic Land Trusts Annual Conservation Legacy Award
and the Chairmans Leadership Award from the National Fish and Wildlife Foundation. In 2014,
Mr. Bacon received the prestigious Land Trust Alliance Presidents Award from 1,700 land
trusts and the land conservation community for his continued leadership. Mr. Bacon has also
protected 210,000 acres of land in perpetuity across the United States. Mr. Bacon authorized a
conservation easement donation of approximately 167,000 acres on the Trinchera Blanca Ranch
in Colorados Sangre de Cristo Mountains, which marks the largest such donation received by
the U.S. Fish and Wildlife Service and was also a critical step in the establishment of the Sangre
de Cristo Conservation Area as the nations 558th unit of the National Wildlife Refuge System.
Combined with additional donations from Mr. Bacon of conservation easements on Tercio and
Red River Ranches, these donations help form a landscape-scale conservation effort of 800,000
acres of protected lands stretching from Great Sand Dunes National Park, Colorado to northern
New Mexico.
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B.
Defendant Nygrd International
40.
Defendant Nygrd International is a partnership specializing in designing,
manufacturing, and distributing mid-market womens clothing. Nygrd International distributes

merchandise to United States-based stores, including, upon information and belief, to stores
located in New York. Defendant Nygrd International is organized under the laws of Canada.
As identified on its website, Nygrd Internationals World Headquarters occupy seven stories
in Times Square at 1435 Broadway, New York, New York 10019 (the Times Square
Headquarters).
41.
Nygrd International operates its research and design studios and its fashion
showrooms from its Times Square Headquarters.

42.
Upon information and belief, Nygrd International employs dozens of people at
its Times Square Headquarters, many of whom have acted in furtherance of the Harassment
Campaign.
43.
Nygrd International also conducts business in New York through its interactive
website http://www.Nygrd.com/, which allows online consumers, including those located in

New York, to purchase merchandise from several of the Nygrd product lines.
44.
Upon information and belief, Nygrd Internationals Vice President and General
Counsel is in New York, as he is registered as the companys agent for service of process at the
companys Times Square Headquarters.
45.
Nygrd International has availed itself of the benefits of litigating in the New
York courts, including having commenced or intervened in at least seven separate state and
federal judicial actions in the past dozen years. Most recently, in September 2014, Nygrd
International intervened as an interested party in a discovery action filed by Mr. Bacon and Save
The Bays in New York federal court pursuant to 28 U.S.C. 1782 (the Section 1782 Action).
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C.
Defendant Nygrd Inc.
46.
Defendant Nygrd Inc. is a corporation organized under the laws of Delaware,
with its headquarters and principal place of business at the Times Square Headquarters.
47.
In regulatory filings with the New York State Department of State, Nygrd Inc.
designates New York County as the county in which its principal office, the Times Square
Headquarters, is located.
48.
Nygrd Inc. and Nygrd International share the same Vice President and General
Counsel, who, as described above, is located in New York.

49.
Upon information and belief Nygrd Inc. employs dozens of people at its Times
Square Headquarters, several of whom have acted in furtherance of the Harassment Campaign.
50.
Nygrd Inc. has availed itself of the benefits of litigating in the New York courts,
including having commenced or intervened in at least three separate state and federal judicial
actions in just the past two years. Most recently, in September 2014, Nygrd Inc. intervened as
an interested party in the Section 1782 Action filed by Mr. Bacon in New York federal court.
D.
Peter Nygrd
51.
Defendant Nygrd is the Chairman and founder of Nygrd International and
Nygrd Inc., the companies that bear his name.

52.
Although a resident of the Bahamas, upon information and belief, Defendant
Nygrd owns residences around the world, including in Marina del Rey, California, and in
Canada.
53.
Nygrd travels around the world, including to New York, on a luxury private jet
that bears his name, and which, upon information and belief, is owned or leased by the Nygrd
Companies (the Nygrd Jet). Upon information and belief, from January 1, 2014 through
January 26, 2015, Nygrd traveled to New York on the Nygrd Jet at least nine times, and he
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remained in New York for a total of approximately 70 days. Nygrd typically parks the Nygrd
Jet at LaGuardia airport in New York City.
54.
Upon information and belief, when in New York, Nygrd resides at a residential
apartment inside the Times Square Headquarters.

55.
On January 14, 2015, Nygrd was personally served with a summons and
complaint in this action while outside the Times Square Headquarters of the Nygrd Companies.
56.
Upon information and belief, Nygrd conducts substantial business in New York
in his individual capacity and on behalf of the Nygrd Companies, including but not limited to
his personal attendance at fashion events in New York, including fashion trade shows.
57.
In the past year, Nygrd has initiated and intervened in two lawsuits in the courts
of New York, including having intervened as an interested party in the Section 1782 Action filed
by Mr. Bacon in New York federal court.
E.
Does 1-20
58.
Defendants John Does 1-20 are individuals and companies residing in New York,
California, Canada, The Bahamas, and elsewhere, who (acting at the direction of and with
assistance from the Nygrd Defendants) aided and abetted and conspired in conducting the
Harassment Campaign concerning Mr. Bacon as detailed herein.
59.
For the above reasons, this Court has personal jurisdiction over Defendants
Nygrd International, Nygrd Inc., and Nygrd pursuant to Civil Practice Law and Rules
(CPLR) 301, 302(a).
60.
For the above reasons, venue is proper in this Court under CPLR 503.
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FACTUAL BACKGROUND
I.
The Origins of the Harassment Campaign

A.
Early 2010: Nygrd Turns on His Neighbor
61.
In early 2010, after many years of co-existence as neighbors in the Bahamas,
Nygrd came to believe that Mr. Bacon was the source of negative press reports about Nygrd
and that Mr. Bacon was responsible for the Bahamian Governments decision to deny Nygrd
building permits for his Bahamian home. In response, Nygrd launched a crusade against Mr.
Bacon that devolved into an irrational obsession.
1.
62.
The Canadian Broadcasting Company Documentary and Forbes

Article
Although Nygrd has been at the center of controversy for decades, on April 9,
2010, the CBC broadcasted a documentary titled Larger than Life on its News show The Fifth
Estate (the CBC Documentary). That documentary reported that Nygrd subjects his
employees to tirades and verbal and psychological abuse and [] intimidation; subjects his
female employees to sexual harassment; uses Nygrd Cay as a mini brothel where women
many still in their teensare deceived into having sex with Nygrd and his guests; effectively
imprisons his employees at Nygrd Cay under inhumane conditions; and uses aggressive tactics
to intimidate those who challenge or defy him.2 It also chronicled Nygrds attempts to harass
and intimidate those who try to expose him.
63.
As alleged in the CBC Documentary, Nygrd and his counsel submitted
fabricated employee correspondence to the CBC to prevent the airing of the documentary.
Nygrd is currently pursuing a libel action in Canada against the CBC, challenging the
veracity of just 83 seconds relating to one specific allegation of the approximately 45 minute
broadcast.
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64.
Upon information and belief, Nygrd irrationally blames Mr. Bacon for the CBC
Documentary. Following the airing of the CBC Documentary, Nygrd falsely accused Mr.
Bacon of conspiring with the CBC to air the report.
65.
Several months later, on November 18, 2010, Forbes published a lengthy expos
about Nygrd entitled Peter Nygrd Answers to No One (the Forbes Article). The Forbes
Article repeated many of the same allegations made in the CBC Documentary, and also outlined
a host of alleged additional violations of law by Nygrd, including abusive labor practices,
sexual harassment, and rape.
66.
The Forbes Article also detailed the aggressive tactics Nygrd employs to
intimidate and retaliate against those who challenge or defy him. The article reports that Nygrd
[p]unch[es] back hardthat he has sued his accusers and intimidated his critics with a small
army of lawyers, initiating legal actions for everything from copyright infringement to
defamation to criminal conspiracy.
67.
Upon information and belief, Nygrd irrationally blames Mr. Bacon for the
publication of the Forbes Article.

68.
Nygrds belief that Mr. Bacon is responsible for the CBC Documentary and the
Forbes Article is baseless. In fact, Nygrd is a highly controversial individual who easily
attractsindeed, courtssignificant press attention.
2.
69.
The Building Permit Denial
Upon information and belief, Nygrd also blames Mr. Bacon for the Bahamian
Governments refusal to issue Nygrd permits to rebuild his Bahamian property, Nygrd Cay
(the Building Permit Denial). For at least the past fifteen years, Nygrd has unlawfully
attempted to expand his compound in the Bahamas far beyond its original footprint. Among
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other things, Nygrd conducted environmentally degrading activities including, constructing sea
walls, placing gabions, and dredging the seabed.
70.
Specifically, between 1984 and 2012, Nygrd Cay mushroomed from 3.25 acres
to 6.1 acresall as a result of Nygrds unlawful shoreline expansion.

71.
As documented by leading environmental scientists, Nygrds expansion of the
shoreline surrounding Nygrd Cay resulted in physical damage and destruction to approximately
84,000 square meters of seafloor; the removal of substantial amounts of sand from the sea floor;
the pollution of local waters with plastic debris and other detritus; the presence of a substantial
amount of rock debris; an increase in the concentration of solid waste on the sea floor; and the
prevention of the natural downstream sand drift that replenishes the beaches throughout Lyford
Cay.
72.
Nygrds expansion of his property also misappropriated Bahamian Crown Land
(land held in trust by the Bahamian Government for the benefit of Bahamians).
73.
On or about November 11, 2009, a fire, widely believed to be caused by faulty
building wiring at Nygrd Cay, engulfed and destroyed a number of structures on Nygrds
property (the Nygrd Cay Fire).
74.
Following the Nygrd Cay Fire, Nygrd sought building permits from the
Government to rebuild. In July 2010, the Bahamian Government denied Nygrds requested
permits until he restored the shoreline to its original condition, and directed Nygrd to cease his
environmentally degrading activities, including the dredging of the coastline (the Building
Permit Denial).
75.
Nygrd blames Mr. Bacon, his environmentalist neighbor in the Bahamas, for the
Building Permit Denial.
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B.
2010 to Present: Nygrd Launches the Harassment Campaign
76.
In late 2010, upon information and belief, Nygrd began a secret and concerted
campaign to harass, threaten, intimidate, and harm Mr. Bacon. Believing that Mr. Bacon was
behind the CBC Documentary, the Forbes Article, and the Building Permit Denial, Nygrd
started his tortious campaign against Mr. Bacon by targeting Mr. Bacons home in the
Bahamasthreatening and intimidating his family and staff through, for example, a police raid
on Mr. Bacons home instigated by Nygrd. As Nygrds malice towards Mr. Bacon developed
into an irrational obsession, Nygrd further intensified the Harassment Campaign.
1.
77.
Nygrd Lashes Out: Threatening Mr. Bacons Family and Home
On July 26, 2010, just five days after the Building Permit Denial, Nygrd began
lashing out at Mr. Bacon.

78.
Upon information and belief, Nygrd, either directly or through agents, prompted
a police raid on Mr. Bacons Bahamas home in Lyford Cay, claiming that Mr. Bacon harbored
illegal military-grade weapons (the Point House Raid).
79.
The Point House Raid involved approximately eleven armed Bahamian police
officers from the Anti-Terrorist Squad conducting a four-hour raid of Mr. Bacons home, looking
for purported terrorist weaponry on the premises, only to find nothing of the sort.
80.
During the Point House Raid, members of Mr. Bacons staff were detained and
handcuffed for hours. Law enforcement took photos of the rooms and personal possessions of
Mr. Bacons immediate family, including photos of his children.
81.
Commissioner Ellison Edroy Greenslade of the Royal Bahamas Police Force
subsequently apologized to Mr. Bacon for the illegitimate raid, acknowledging that Nygrd was
responsible for the incident.
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82.
Members of the press were present outside Mr. Bacons home during and
following the Point House Raid, and widely reported on the raid.
83.
Upon information and belief, Nygrd, either directly or through agents, tipped the
press in advance about the raid that he maliciously instigated.

2.
84.
The Daily Mail Article
On September 4, 2010, six weeks after the Point House Raid, the London-based
Daily Mail published a defamatory article about Mr. Bacon entitled, A hedge fund Godfather
with a body in his Jacuzzi whos facing claims of racketeering Meet the Torys latest dubious
donor. In this article, the Daily Mail suggested that Mr. Bacon was a mobster complicit in
insider trading, market manipulation, and other misconduct including the cover-up of a death:
Isnt the story [of Mr. Bacon] now beginning to read like an episode of the Sopranos? and one
scandal, to paraphrase the old saying, might be regarded as misfortune, but two looks like more
than just carelessness.
85.
Ultimately, when challenged, the Daily Mail acknowledged that the allegations
concerning [Mr. Bacon] were misleading and published in error, and offered a public apology to
Mr. Bacon on page 9 of the Daily Mail and on its website, as well as in a statement made in open
court.
86.
Upon information and belief, Nygrd, either directly or through agents, caused the
Daily Mail to publish the false and defamatory September 4 article, as part of the Harassment
Campaign against Mr. Bacon.
3.
87.
The Harassment Campaign Broadens
In the Fall of 2010, upon information and belief, the Nygrd Defendants promoted
their Harassment Campaign against Mr. Bacon with a series of articles published on Bahamian
websites, including Bahamaspress.com, bahamasnational.com, and bahamascitizen.com. In
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those articles, Nygrd, acting through proxies and co-conspirators, falsely accused Mr. Bacon of
murder, drug smuggling, and financial crimes.
88.
As detailed below, Nygrds campaign to harass, intimidate, and defame
Mr. Bacon quickly progressed from those Bahamian websites to letters and emails to Mr.
Bacons friends and colleagues, to the international broadsheets, and widely viewed websites
(such as YouTube), in an effort to reach the homes of Mr. Bacons family, clients, and business
associates all over the world.
89.
For example, as revealed in Nygrds counsels billing records, published in a
July 23, 2013, Tribune editorial, Nygrd, with the assistance of his attorney, his press secretary
(Earlin Williams), and Bahamian Government officials, sought to expos[e] Bacon on a popular
Bahamian radio station, and attempted to have anti-Bacon stories run in international
broadsheets.
90.
Upon information and belief, Nygrd and/or the Nygrd Companies paid
journalists and members of the media in the Bahamas to publish their lies about Mr. Bacon.
Upon information and belief, these payments were not disclosed by the journalists to the public,
and the Nygrd Defendants made payments to these journalists and members of the media from
or through financial institutions located in the United States, including in New York.
II.
The Means and Methods of the Harassment Campaign

A.
The Nygrd Companies
91.
Upon information and belief, the Nygrd Defendants operate the Harassment
Campaign from wherever Nygrd is located at the time.

92.
Upon information and belief, since May 2010, Nygrd traveled to New York
approximately 39 times and spent approximately 278 days in New York, based on a review of
the Nygrd Jets travel records.
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93.
While in New York, Nygrd operates the Harassment Campaign out of the Times
Square Headquarters, using the Nygrd Companies executives, employees, facilities, and
resources to further the Harassment Campaign.
94.
Upon information and belief, Nygrd exercises complete influence and control
over the operation of the Nygrd Companies, and has used that control to further his own
irrational interests in the Harassment Campaign against Mr. Bacon. Upon information and
belief, Nygrd wields that influence and control through his majority ownership of the Nygrd
Companies, by verbally and psychologically abusing company employees and agents, and
through promises of large payments if the executives and employees do Nygrds bidding.
Through such behavior, Nygrd controls the Nygrd Companies with impunity and ensures that
top executives and employees comply with his demands, however unreasonable and lacking in
any proper business purpose.
95.
Among other things, the Nygrd Companies have paid co-conspirators, including
videographers, to create false videos defaming Mr. Bacon. Executives and employees of the
Nygrd Companies have also personally supervised the work product of the videographers and
provided them instructions regarding how to conceal their and the Nygrd Defendants
involvement in the Harassment Campaign. For example, executives and employees of the
Nygrd Companies advised at least one videographer to submit sham corporate invoices to the
Nygrd Companies and use fake names to upload the attack videos to the Internet.
96.
Upon information and belief, Nygrd Internationals Manager of Technology
Operations, Daane Clifford, who at various times worked from the Times Square Headquarters,
aided and abetted in the online posting of attack videos created at Nygrds direction.
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97.
Upon information and belief, Nygrd Internationals Vice President for Human
Resources, Tiina Tulikorpi, who at various times worked from the Times Square Headquarters,
instructed Mr. Feralio, one of the videographers involved in the Harassment Campaign, to
release the attack videos from an IP address that would be harder to trace to the Nygrd
Defendants. She also promised Mr. Feralio that the company would defend him if Mr. Bacon
discovered he was the source of the videos.
98.
Upon information and belief, Nygrd International employee, Lili Micic, who at
various times worked from the Times Square Headquarters, instructed Mr. Feralio to falsely
invoice his expenses for making defamatory videos as Press Conferences.
99.
Upon information and belief, the Nygrd Defendants co-conspirators and proxies
working directly with Nygrd or at his direction have edited, produced, and/or published
defamatory statements in furtherance of the Harassment Campaign, including false and malicious
videos published on YouTube, while located in New York.
100.
Upon information and belief, the Nygrd Defendants Companies paid
videographers and others for their work in furtherance of the Harassment Campaign from or
through financial institutions located in the United States, including in New York.
B.
Co-Conspirators
101.
To broaden the reach of his lies about Mr. Bacon, the Nygrd Defendants hired
co-conspirators to spread Nygrds lies over the Internet, on anti-Bacon attack videos published
on YouTube, on anti-Bacon websites and blogs, and through twitter accounts.
102.
These co-conspirators, based in the United States, the Bahamas, and/or the United
Kingdom, include: videographers; website developers, bloggers, and Twitter account holders;
print and web-based journalists; public relations professionals; and attorneys.
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103.
The Nygrd Defendants have hired videographers from the United States and
Canada to create false and defamatory videos about Mr. Bacon. At least one such videographer,
Steven Feralio, is a whistleblower, having acknowledged his role in the Harassment Campaign
and Nygrds orchestration of the Harassment Campaign. Other videographers hired by the
Nygrd Companies to further the Harassment Campaign reside in California, New York, and
Canada, among other places.
104.
The Nygrd Defendants also hired press relations companies and individuals in
the United States and the Bahamas to spread the lies manufactured by the Harassment Campaign
more broadly to the established media.
105.
For example, upon information and belief, the Nygrd Defendants hired
individuals to create anti-Bacon attack websites, blogs and articles, including the Bahamas
Citizen (bahamascitizen.wordpress.com), Bahamas National (bahamasnational.com), Louis
Bacon News (louisbaconnews.blogspot.com), Bacon Revealed (baconrevealed.com), Got Bacon
(gotbacon.wordpress.com), Nassau Observer (Nassauobserver.blogspot.co.uk), Le Chateau Noir
(lechateaunoir.com), Bahamas Links (bahamaslinks.blogspot.co.uk), Moore on Bacon
(mooreonbacon.blogspot.co.uk), Corrupt Louis Bacon (corruptlouisbacon.com), Shady Louis
Bacon (shadylouisbacon.com), Kick Louis Bacon Out (kicklouisbaconout.com) and Who is Louis
Bacon (whoislouisbacon.wordpress.com) websites. These websites and blogs were specifically
created, in part, to attack and smear Mr. Bacon by coordinated publication of maliciously false
and defamatory allegations about Mr. Bacon, including statements set forth in Appendix A to
this Second Amended Complaint.
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106.
Upon information and belief, the Nygrd Defendants hired individuals to
purchase domain names containing Mr. Bacons name, including louisbacon.org and
louisbacon.info, to further publicize the Harassment Campaigns lies about Mr. Bacon.
107.
Upon information and belief, the Nygrd Defendants chose louisbacon as a
domain name to ensure that Google searches of Mr. Bacon would result in broader publication of
the Harassment Campaigns lies about Mr. Bacon and suppress legitimate and truthful news
about Mr. Bacon, the companies he operates, and his environmental philanthropy.
108.
Upon information and belief, the Nygrd Defendants hired individuals to act as
intermediaries between Nygrd and the defamatory websiteand domain namecreators as part
of a broader scheme to hide the Nygrd Defendants role in establishing these attack websites.
109.
Upon information and belief, the Nygrd Defendants agents, including Earlin
Williams, Nygrds press secretary, and Keod Smith, Nygrds attorney, wrote defamatory
articles that were published in the Bahamas Press website and in The Bahama Journal and
published harassing videos on YouTube.
110.
Upon information and belief, the Nygrd Companies have retained co-
conspirators as employees or independent contractors of the Nygrd Companies, and forced them
to sign onerous confidentiality provisions that purport to prohibit the co-conspirators from
disclosing the true facts about the Nygrd Defendants involvement in the Harassment
Campaign. Indeed, the Nygrd Defendants have both threatened and initiated actual litigation
against Harassment Campaign proxies, in an effort to silence and intimidate them from
disclosing the truth about the Nygrd-led Harassment Campaign.
111.
In addition, Nygrd has enlisted the assistance of controversial public figures to
further the Harassment Campaign, including Nation of Islam Minister Louis Farrakhan. For
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example, in or about March 2013, Minister Farrakhan was flown to the Bahamas from the United
States in Nygrds private airplane to attend a celebration thrown in his honor by Nygrd at
Nygrds Bahamas estate. At the celebration, a related town hall meeting, and a subsequent
press conference, Farrakhan maliciously insinuated that Mr. Bacon is racist, accused Mr. Bacon
of persecuting Nygrd because Mr. Bacon is disturbed by the warmth and gaiety occurring
at Nygrd Cay, stated that Mr. Bacon tried to rewrite history and lied about saving Clifton
Bay, accused Mr. Bacon of enslave[ing] people to [his] benefit, and threatened that Mr. Bacon
will be gone with the wind.
C.
The Harassment Campaigns Outlets Reach Audiences in New York and

Throughout the World
112.
Upon information and belief, the Nygrd Defendants have waged a smear
campaign against Mr. Bacon through the Internet and in publications printed in the United States,
the United Kingdom, and the Bahamas, as well as through online anti-Bacon attack websites and
blogs and Twitter, available to readers in New York and throughout the world.
1.
113.
Newspapers and News Websites
Upon information and belief, the Nygrd Defendants have published or caused to
be published defamatory articles in newspapers and websites including but not limited to The
Daily Mail, The Bahama Journal, Facebook, Bahamas Press, Bahamas Links, Twitter, and The
New York Post.
2.
114.
YouTube
be published defamatory YouTube videos. The Nygrd Companies paid for the videos, and
employees at the Nygrd companies supervised the creation of each frame and scene.
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115.
In May 2013, Mr. Feralio (now a whistleblower) uploaded defamatory YouTube
videos under the pseudonym Paul Pierce that propagate malicious and false accusations about
Mr. Bacon (the Paul Pierce YouTube Videos).
116.
Specifically, between March 18, 2013 and May 31, 2013, nearly one half dozen
Paul Pierce YouTube Videos were uploaded to the Internet. These videos concern Mr. Bacon
and propagate malicious and false accusations, including that (1) Mr. Bacon is a white
supremacist; (2) Mr. Bacon excluded and intends to continue to exclude Black Bahamians from
Lyford Cay; (3) Mr. Bacon lied about his involvement in the fight to save Clifton Beach in the
Bahamas; and (4) Mr. Bacon obtained the National Audubon Societys prestigious Audubon
Medal through lies and deception.
117.
In preparing the Paul Pierce YouTube Videos, Nygrd gave explicit instructions
to Mr. Feralio to make the videos more damaging and to include specific themes, screen shots,
and clips of videos that should beand ultimately wereincluded in the videos, and Nygrd
had final approval authority over the content of the harassing and defamatory videos.
118.
Furthermore, between May 10, 2013 and May 13, 2013, an individual using the
pseudonym Vincent Roy uploaded approximately 3 videos to YouTube that propagate

malicious and false accusations about Mr. Bacon (the Vincent Roy YouTube Videos). These
videos propagate the malicious and false accusations that (1) Mr. Bacon is a white supremacist
and member of the KKK; (2) Mr. Bacon is responsible for multiple murders; (3) Mr. Bacon is
responsible for and has been caught in one of the biggest Wall Street insider trading cases
ever; (4) Mr. Bacon excluded and intends to continue to exclude Black Bahamians from Lyford
Cay; (5) Mr. Bacon lied about his involvement in the fight to save Clifton Beach in the Bahamas;
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and (6) Mr. Bacon obtained the National Audubon Societys prestigious Audubon Medal through
lies and deception.
119.
High-ranking executives and employees at the Nygrd Companies, including Ms.
Tulikorpi, instructed videographers such as Mr. Feralio to use pseudonyms when uploading these
attack videos, to conceal the Nygrd Defendants involvement in the Harassment Campaign.
120.
As of March 2, 2015, the defamatory Paul Pierce YouTube Videos and the
Vincent Roy YouTube Videos continue to be accessible through the Internet at YouTubes
website, including to viewers in New York and around the world.
121.
As of March 2, 2015, the defamatory Paul Pierce YouTube Videos have received
a combined 95,973 views, while the Vincent Roy YouTube Videos have received a combined
73,563 views.
3.
122.
Attack Websites
be published defamatory statements on websites created as part of the Harassment Campaign to

specifically attack Mr. Bacon and advance false accusations of criminal and other reprehensible
conduct against him.
123.
Upon information and belief, the Nygrd Defendants directed the creation of the
malicious and defamatory websites Bahamas Citizen and Bahamas National to publish
defamatory statements about Mr. Bacon, including that Mr. Bacon was involved in several
murders, runs an international smuggling ring, bribed Government officials to cover up his
illegal activities, and is a white supremacist and avowed member and supporter of the KKK.
124.
Upon information and belief, the Nygrd Defendants directly or indirectly funded
the Bahamas Citizen and Bahamas National websites.
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125.
Upon information and belief, the Nygrd Defendants attempted to conceal their
involvement in these attack websites by, among other things, hiring intermediaries to
communicate with the website developers, using code names to refer to themselves and coconspirators, and hosting one or more of these attack websites with companies located outside of
the Bahamas.
126.
Upon information and belief, the Nygrd Defendants, acting directly or indirectly
through co-conspirators including employees at the Nygrd Companies, have attempted to

increase traffic to these anti-Bacon attack websites by engaging in search engine optimization
techniques, which would have the effect of causing the anti-Bacon websites to appear higher on
Google and other search engine results when users search for information about Mr. Bacon.
127.
As of March 2, 2015, the Bahamas National websites are accessible
internationally, including to Internet users in New York.

128.
Upon information and belief, each of the defamatory articles published on the
Bahamas Citizen and Bahamas National websites and listed in Appendix A were published as
part of the Harassment Campaign by the Nygrd Defendants.
4.
129.
Domain Names
Upon information and belief, the Nygrd Defendants, directly or indirectly
through their co-conspirators, purchased domain names based on Mr. Bacons name, including
gotbacon.wordpress.com, louisbaconnews.blogspot.com, and baconrevealed.com
(Defamatory Domain Names).
130.
Upon information and belief, the Nygrd Defendants, directly or indirectly
through their co-conspirators, funded the Defamatory Domain Names to publish and/or republish
defamatory statements about Mr. Bacon.
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131.
The Defamatory Domain Names publish and/or republish defamatory content
about Mr. Bacon, including that Mr. Bacon is a member of the KKK, a murderer, and an
arsonist, among other false and outrageous allegations.
132.
Upon information and belief, the Nygrd Defendants directed many of the
Defamatory Domain Names to re-publish defamatory content about Mr. Bacon to reach a new
and broader audience, including audiences in New York and throughout the United States, to
compromise Mr. Bacons online reputation.
133.
As of March 2, 2015, at least one of the Defamatory Domain Names
(louisbaconnews.blogspot.com) continues to be accessible through the Internet, including to

viewers in New York, the United States, and around the world. The page purports to have been
viewed 179,160 times.
134.
Upon information and belief, each of the domain names that published and/or
republished defamatory content about Mr. Bacon, as identified in Appendix A hereto, was
created as part of the Harassment Campaign, and the defamatory content on those domain name
websites was published or caused to be published by the Nygrd Defendants.
5.
135.
Twitter
Upon information and belief, the Nygrd Defendants directed that the Twitter
accounts identified in Appendix A be created to publish and re-publish defamatory statements

about Mr. Bacon, including false allegations that Mr. Bacon is a member of the KKK, a
murderer, and an arsonist, among other allegations (the Defamatory Twitter Feeds).
136.
Upon information and belief, the Nygrd Defendants directed that the Defamatory
Twitter Feeds publish, over and over again, numerous defamatory tweets regarding mysterious
deaths and disappearances at or near Mr. Bacons home. The contents of the tweets are
defamatory in and of themselves, in that they explicitly or implicitly claimentirely falsely
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that Mr. Bacon was behind these mysterious deaths. In addition, by repeatedly publishing these
defamatory statements, the Defamatory Twitter Feeds made it falsely appear like there were
approximately one dozen separate deaths and/or disappearances at Mr. Bacons residence in the
Bahamas.
137.
Twitter Feeds be re-published to reach a new and broader audience, including an audience in
New York and throughout the United States.
138.
Twitter Feeds be published and re-published to compromise Mr. Bacons online reputation by
emphasizing defamatory articles and YouTube videos when Mr. Bacon, his company or his
philanthropic endeavors are searched online.
139.
As of March 2, 2015, the Defamatory Twitter Feeds continue to be accessible
through the Internet at Twitters website, including to viewers in the United States and around
the world.
140.
Upon information and belief, each of the Twitter accounts that re-published
defamatory content about Mr. Bacon, as identified in Appendix A hereto, was created as part of
the Harassment Campaign, and the defamatory content on those accounts was published or
caused to be published by the Nygrd Defendants.
6.
141.
Anonymous Emails
The Harassment Campaign has also targeted Mr. Bacon at his place of
employment, MCM. Upon information and belief, at the direction of the Nygrd Defendants,
proxies using pseudonyms sent emails containing defamatory articles and statements about Mr.
Bacon to, among others, New York-based employees of MCM. Such defamatory emails
continue to be sent to MCM employees and others to this day. Upon information and belief,
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these defamatory emails are sent to Mr. Bacons colleagues at MCM in order to harm Mr.
Bacons reputation in the financial industry and to harass and intimidate Mr. Bacon.
III.
The Lies at the Heart of the Harassment Campaign

142.
Upon information and belief, the Nygrd Defendants published or caused to be
published maliciously false and defamatory statements about Mr. Bacon.

143.
Without a shred of supporting evidence, the Harassment Campaign falsely
accuses Mr. Bacon of various repugnant acts, including KKK membership, murder and arson,
among others.
1.
144.
False Accusations of Insider Trading Charges
Upon information and belief, the Nygrd Defendants directly published or caused
to be published malicious and false news reports on the Internet alleging that Mr. Bacon had
been charged by prosecutors in one of the biggest Wall Street insider trading cases ever.
145.
On May 10, 2013, Vincent Roy uploaded a false CBS news report to YouTube
claiming Mr. Bacon had been charged by prosecutors and accused of criminal conspiracy in a
billion dollar scam that is one of the biggest Wall Street insider trading cases ever (the
False Insider Trading Report).
146.
The False Insider Trading Report was created by splicing together and doctoring a
published news report broadcasted on CBS by reporter Scott Pelley about the arrest by law
enforcement in New York of former McKinsey Managing Director and Chief Executive Officer
Rajat Gupta. The False Insider Trading Report was edited to suggest that Mr. Bacon (not Gupta)
had been arrested and charged in one of the biggest Wall Street insider trading cases ever.
This False Insider Trading Report explicitly defames Mr. Bacon or, taken as a whole, can be
reasonably read to impart a defamatory inference that Mr. Bacon was charged with insider
trading.
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147.
The allegations in the False Insider Trading Report are entirely false and baseless.
The actual CBS news report never mentioned Mr. Bacon, and Mr. Bacon had absolutely no
involvement in the insider trading matter involving Rajat Gupta.
148.
Below is a screen shot of the aired CBS News report on the left and the False
Insider Trading Report on the right.

Actual CBS News Report
149.
The False Insider Trading Report
Despite diligent efforts, Mr. Bacons investigation could not identify Vincent
Roy or the individual(s) responsible for the False Insider Trading Report.
150.
As described in greater detail below, Mr. Bacon only learned in mid-2014 that
Vincent Roy was a pseudonym used by Nygrds proxies, after videographer Steve Feralio
decided to become a whistleblower and to reveal the truth about his role in the Nygrd
Defendants Harassment Campaign.
151.
Upon information and belief, the Nygrd Defendants, directly and through co-
conspirators, caused the False Insider Trading Report to be published. In so doing, the Nygrd
Defendants acted with actual malice and reckless disregard for the truth.
152.
The False Insider Trading Report continues to be available to a New York
audience via the Internet.
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2.
153.
False Accusations of KKK Membership
to be published malicious and false news reports on the Internet accusing Mr. Bacon of being a
white supremacist and a member of the KKK.
154.
On May 10, 2013 Vincent Roy uploaded a false ABC news report to YouTube
claiming Mr. Bacon is a member of the KKK (the False KKK Membership Report).
155.
The False KKK Membership Report was created by splicing together and
doctoring a published news report broadcasted on ABCs Nightline entitled, Inside the New
KKK. The ABC Nightline Report was spliced to make it appear as though ABC found
evidence that Mr. Bacon is a member of the KKK. This False KKK Membership Report
explicitly defames Mr. Bacon or, taken as a whole, can be reasonably read to impart a
defamatory inference that Mr. Bacon is a racist and member of the KKK.
156.
The allegations in the False KKK Membership Report are entirely false and
baseless. The actual ABC Nightline Report never mentioned Mr. Bacon, and Mr. Bacon has
absolutely no involvement whatsoever with the KKK.
157.
Below is a screen shot of the aired ABC Nightline Report on the left and the False
KKK Membership Report on the right.
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Actual ABC News Report
158.
False KKK Membership Report
Roy or the individual(s) responsible for the False KKK Membership Report.
159.
decided to become a whistleblower and to reveal the truth about his role in the Nygrd
Defendants Harassment Campaign.
160.
The Nygrd Defendants, acting directly and through co-conspirators, caused the
False KKK Membership Report to be published. In so doing, the Nygrd Defendants acted with
actual malice and reckless disregard for the truth.
161.
The Nygrd Defendants have broadly published the False KKK Membership
Report and have published, within the past year, additional false claims that Mr. Bacon is a white
supremacist and member of the KKK in anti-Bacon websites, blogs, Twitter accounts, and staged
protests and marches. For example, a tweet by Brett Moore published on or about April 29,
2014 states that [m]ore revelations are coming to light over Louis Bacons direct connection to
the Ku Klux Klan, and an article published in or about November 2014 by the blog Louis
Bacon News states that Mr. Bacon is the resurrection of the KKK. As described in greater
detail below, protesters have defamed Mr. Bacon in staged hate rallies over the past year,
including most recently on January 1, 2015, by carrying placards and signs and wearing t-shirts
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accusing Mr. Bacon of membership in the KKK with images of a KKK cross burning. Upon
information and belief, these protesters have been encouraged, supported and paid, directly or
indirectly, by the Nygrd Defendants to attend such staged hate rallies and defame Mr. Bacon.
162.
The False KKK Membership Report continues to be available to a New York
audience via the Internet.

163.
Upon information and belief, on December 14, 2014, Sherman Brown, the
publisher of the Bahamas National website, published on that website a YouTube video entitled,
Hole In the Rock at Clifton, narrated by Keod Smith.
(http://www.bahamasnational.com/?q=node/4042) That video accuses Mr. Bacon of
attack[ing] Bahamians heritage by maliciously and falsely accusing Mr. Bacon of having
stated in his January 2013 Audubon Medal acceptance speech that, [w]hen we were planning
for foreign developers in Clifton Bay, we came in as White foreign outsiders . . . and we
won. The video also juxtaposes the manipulated speech against brutal and inflammatory
images of KKK members, lynchings, and slavery, to give the false and malicious impression that
Mr. Bacon supports the KKK, lynchings, and slavery. Of course, Mr. Bacon does not support
KKK members, lynchings, or slavery, and did not say what he is accused of having said at the
2013 Audubon Medal acceptance speech. In reality, in his recorded acceptance speech, Mr.
Bacon denounced development at Clifton Cay and applauded cooperation with community
leaders: When we went and fought developers at Clifton Cay, we came in as white, foreign
outsiders in a proud native Bahamian culture, and we won because of the powerful alliances we
forged with community leaders who actually ended up leading the fight.
3.
164.
False Accusations of Murder
to be published malicious and false allegations that Mr. Bacon is responsible for murder,
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including the 2010 death of a long-time employee, Dan Tuckfield, in the Bahamas (the False
Murder Accusations).
165.
On or about May 13, 2013, Vincent Roy uploaded a YouTube video that falsely
claims that Dan Tuckfield was murdered by Mr. Bacon and asks, Is Louis Bacon a Murderer?
and COULD IT BE THAT LOUIS BACON COULD GET AWAY WITH MURDER? This
YouTube video explicitly defames Mr. Bacon or, taken as a whole, can be reasonably read to
impart a defamatory inference that Mr. Bacon murdered Mr. Tuckfield and other individuals.
166.
The False Murder Accusations are entirely false and baseless. Mr. Bacon had
absolutely no involvement whatsoever in Mr. Tuckfields death.

167.
On or about May 1, 2010, Mr. Tuckfield, who was employed as a property
manager at Mr. Bacons residence in the Bahamas, was found dead in a hot tub on Mr. Bacons
property in the Bahamas. The coroners report concluded that Mr. Tuckfield died of coronary
artery disease with cardiomegalymeaning, heart diseaseand that there were no signs of
trauma to Mr. Tuckfields body.
168.
At the time that Mr. Tuckfield died, Mr. Bacon was not present on the island of
New Providence, Bahamas, where Mr. Tuckfield died.

169.
Roy or the individual(s) responsible for the False Murder Accusations.

170.
came forward as a whistleblower and revealed the truth about his role in the Nygrd Defendants
Harassment Campaign.
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171.
The Nygrd Defendants, acting directly and through co-conspirators, caused the
False Murder Accusations to be published. In so doing, the Nygrd Defendants acted with actual
malice and reckless disregard for the truth.
172.
The Nygrd Defendants have broadly published the False Murder Accusations
and made additional false claims in the past year that Mr. Bacon is a murderer through their antiBacon websites, blogs, and Twitter accounts. For example, a post published on the blog Louis
Bacon News, on or about March 2014 falsely accuses Mr. Bacon of murdering his house
manager, Dan Tuckfield; and on or about January 13, 2015, Bahamas National published an
article falsely claiming that Mr. Bacon got[] away with [Mr. Tuckfields] murder.
173.
The False Murder Accusations continue to be available to a New York audience
via the Internet.

4.
174.
False Accusations of Bribery
to be published malicious and false allegations that Mr. Bacon has bribed Bahamian officials (the
False Bribery Accusations).
175.
On or about November 24, 2011, the Bahamas National website alleged that
Michael Major and a Bahamian Town Planning board are in on the take and that Major was
operating outside the scope of Town Planning and highly in favor of his Friends, including Mr.
Bacon, to make Nygards life, an outstanding resident in the Bahamas[,] a Living Hell. On or
about April 26, 2013, that same publication alleged that Mr. Bacon control[s] judges, and in a
tweet published by Brett Moore on February 6, 2014, it was alleged that Mr. Bacon is Buying
Bahamian Supporters[.] Each of these statements explicitly defames Mr. Bacon or, taken as a
whole, these statements can be reasonably read to impart a defamatory inference that Mr. Bacon
bribes Bahamian officials.
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176.
The False Bribery Accusations are entirely false and baseless. Mr. Bacon has
never bribed a public official or authorized any such bribery. Indeed, Mr. Bacon has never even
met Michael Major.
177.
conspirators, caused the False Bribery Accusations to be published. In so doing, the Nygrd
178.
Despite diligent efforts, Mr. Bacon has not been able to uncover the identity of
Brett Moore. Upon information and belief, Brett Moore is a pseudonym used by Nygrd or
one of his proxies.
179.
Mr. Bacon has also acted diligently to uncover the individuals behind the
Bahamas National website. As a result of the filing of lawsuits in the Bahamas, Mr. Bacon has
uncovered that Sherman Brown and Jason Graham are involved in the Bahamas National
website. Brown, however, has categorically and falsely denied any connection to Nygrd or any
smear campaign against Mr. Bacon.
180.
Upon information and belief, Brown and Graham have acted directly or indirectly
at the direction of Nygrd and his proxies.

181.
The False Bribery Accusations continue to be available to a New York audience
via the Internet.

5.
182.
False Accusations of Weapons, Narcotics, and Contraband Smuggling
to be published malicious and false allegations that Mr. Bacon has smuggled illegal narcotics,
weapons, and other contraband in and out of the Bahamas (the False Smuggling Accusations).
183.
For example, on or about May 4, 2012, the Bahamas Press website published a
defamatory article under the byline E. Williams titled Louis Bacons Conspiracy and
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Corruption at Lyford Cay. In the article, E. Williams alleged that Mr. Bacon is seeking to own
Nygard Cay because Peter Nygrd unwittingly [got] in the way of a sophisticated international
smuggling and drug trafficking ring operated by Mr. Bacon.
184.
Similarly, on or about July 9, 2012, the Bahamas Press website published a
defamatory article under the byline E. Williams titled Will Louis Bacon move operations to
TI as dragnet closes on him in The Bahamas? claiming that Mr. Bacon operated an international
drug trafficking and smuggling ring out of his home in Lyford Cay in the Bahamas and that
BaTelCo, a Bahamian telecommunications company, swept clean [d]amaging telephone
conversations between Mr. Bacon and a former senior official who was frustrat[ing]
international investigators on the trail of Mr. Bacons international smuggling ring. The
article further suggested that Mr. Bacon smuggled precious jewels, currency, drugs,
pharmaceuticals, stolen items in the USA [sic], art works and Middle Eastern carpets and guns.
185.
On August 22, 2012, Brett Moore published a tweet titled Suicide Rocks
Lyford Cay Home of Louis bacon . . . which linked to an article of that same date that alleged
that Dan Tuckfield was running drugs for Bacon, in an extensive transshipment scheme
involving several countries.
186.
On January 17, 2013, the Bahamas National website published an article titled,
Supersonic Speakers perhaps travelled into the country via Louis Bacons luxury watercrafts
WHAT ELSE? In that article, Bahamas National stated that Louis Bacon brought illegal
military speakers into the country and that these supersonic speakers . . . could bring down an
aircraft. The article also asked whether, given Mr. Bacons smuggling of these speakers . . .
into the country illegally, [p]erhaps he is smuggling drugs or weapons? You never know.
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187.
On or about September 4, 2013, Brett Moore published a tweet titled More
weapons in the Bahamas. Is Louis Bacon behind this? . . . The tweet linked to an article
published on LouisBaconNews.com that alleged that weapons smugglers are setting the
example set by Louis Bacon, who was found with a cache of weapons in his home and that this
is the reason why so many weapons [are] headed to the Bahamas.
188.
On or about November 17, 2013, the Bahamas National website published an
article claiming that Mr. Bacon, who, some suggest, is seeking to destabilize the Bahamas and
who, some suggest, may have ties to these high-powered weapons now on the streets of the
capital [of the Bahamas], was behind certain gun incidents in the Bahamas, including a
shooting that claimed the life of a mother of two and rushed three others to [the] hospital.
189.
Then, in or about March 2014, the website Louis Bacon News published an
article falsely claiming that Mr. Bacon was using some illegal ULTRA SONIC MILITARY
SPEAKERS on one of his neighbours and that the police search of Mr. Bacons residence also
found nearly twenty (20) guns, though licensed, that were allegedly not properly concealed,
enabling any one of Bacons staff to use them.
190.
The False Smuggling Accusations are entirely false and baseless. Mr. Bacon has
never smuggled firearms, narcotics, or any other illegal contraband into the Bahamas.
191.
conspirators, caused the False Smuggling Accusations to be published. In so doing, the Nygrd
192.
Despite diligent efforts, Mr. Bacon was unable to uncover the identity of the
individual(s) responsible for the False Smuggling Accusations.
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193.
The False Smuggling Accusations continue to be generally available to a New
York audience via the Internet.

6.
194.
False Accusations of Arson
to be published malicious and false allegations that the Nygrd Cay Fire was the result of Mr.
Bacon committing arson (the False Arson Accusation).
195.
For example, on or about September 26, 2014, the Daily Mail published an article
titled, Hedge fund billionaire told employee to burn neighbors mansion down in Bahamas
beachfront property dispute court papers claim. In that article, it was alleged that Mr. Bacon
told one of his employees to burn down his neighbors Bahamas mansion and initiated the
blaze that devastated . . . Peter Nygards home . . . in 2009 after he refused to sell him the
property, court papers allege. It is claimed that in a fit of anger, the founder of New York-based
Moore Capital Management ordered an employee to find a way to burn Mr. Nygards f***ing
house down.
196.
Upon information and belief, the Nygrd Defendants knowingly caused agents
and proxies, including a press relations firm with operations in California and New York, to
cause the False Arson Accusation to be broadcast in New York and throughout the world.
Among other means, a press relations firm employed by the Nygrd Defendants repeated the
False Arson Accusation to publications in the United States and the United Kingdom in an effort
to further harm Mr. Bacons reputation in New York.
197.
The False Arson Accusations are entirely false and baseless. Mr. Bacon had
absolutely no involvement whatsoever in the fire at Nygrd Cay.

198.
Indeed, Mr. Bacon was not present in the Bahamas at the time of the Nygrd Cay
Fire. At the time of the Nygrd Cay Fire, Mr. Bacons wife and children were asleep in their
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home directly adjacent to Nygrd Cay; had winds shifted that night, they could have been
seriously harmed.
199.
Upon discovering the Nygrd Cay Fire, Mr. Bacons security team alerted the fire
department and Nygrds staff to the fire.

200.
The Nygrd Defendants published the False Arson Accusation with actual malice
and reckless disregard for the truth.

201.
The False Arson Accusation continues to be available to a New York audience via
the Internet.
IV.
The Threatening, Intimidating, and Violent Elements of the Nygrd Defendants

Harassment Campaign Against Mr. Bacon
202.
In addition to defaming Mr. Bacon in an effort to damage his good reputation in
New York, the Bahamas, and elsewhere, the Harassment Campaign against Mr. Bacon is
intended to subject, and has subjected, Mr. Bacon to public humiliation, verbal abuse and
harassment, and physical threats, through a campaign of heinous and reprehensible conduct.
Among other things, the Nygrd Defendants have made false accusations and reports of
criminal conduct against Mr. Bacon, have paid and caused proxies to stage a hate rally against
Mr. Bacon, and have engaged in actual acts of violence or threatened violence against Mr. Bacon
and his supporters. The Nygrd Defendants conduct is intended to inflict severe emotional
distress on Mr. Bacon, to drive him and his family from the Bahamas, and to subject him and his
family to harassment and physical threat wherever they are located, including in New York.
A.
Point House Raid
203.
For example, as described in greater detail above, in late July 2010, Nygrd,
either directly or through agents, prompted a threatening, four-hour police raid by eleven armed
Bahamian police officers on Mr. Bacons home in the Bahamas, Point House, during which
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police officers detained members of Mr. Bacons staff and took photographs of Mr. Bacons and
his familys personal possessions, including images of his young children. Upon information
and belief, this police raid was based on fabricated reports by Nygrd and/or his agents of illegal
contraband at Mr. Bacons home.
204.
In furtherance of his scheme to intimidate and harass Mr. Bacon, in 2012, Nygrd
publicly boasted that he was one of the major backers of the Progressive Liberal Party (PLP)
and the PLPs candidate for Prime Minister, Perry Christie. Following the successful election of
the PLP party, Nygrd held a celebration at Nygrd Cay for the newly elected government
officials, which numerous newly elected government officials attended. Nygrd then published a
YouTube video entitled, Nygrd Takes Bahamas Back May 2012 that included video of the
party and Nygrd embracing Prime Minister Christie. These and other public statements made
by Nygrd boasting of his strong connections to the Bahamian government were calculated to
intimidate Mr. Bacon and give the impression that Nygrd could act with impunity in the
Bahamas and that reporting Nygrds misconduct would fall on deaf ears.
B.
Attacks on Mr. Bacons Bahamian Counsel
205.
Nygrd has, directly or through proxies and co-conspirators, subjected Mr. Bacon
and his supporters and allies to acts of actual or threatened violence. For example, Keod
SmithNygrds attorney and a key proxy through whom the Nygrd Defendants wage their
unlawful campaign against Mr. Baconinstigated a mob riot against Fred Smith, a director of
and the lead attorney for Save The Bays and a close ally of Mr. Bacon in the effort to protect the
Bahamas environment. Fred Smith is a prominent and well-respected lawyer in the Bahamas,
who, in 2009, was honored with the designation of Queens Counsel (over the last 49 years, only
15 attorneys out of approximately 1700 have been honored with that designation).
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206.
More specifically, on or about April 25, 2013, Fred Smith was investigating
activities at Jaws Beach, located at the Clifton Heritage site west of Lyford Cay, New
Providence, on behalf of Save The Bays. At the time, Fred Smith was calmly conversing with a
group of men working on the dock. Keod Smith arrived shortly thereafter and began to verbally
insult and attack Fred Smith, who was known to Keod Smith to be the lead lawyer for and a
director of Save The Bays (as is Mr. Bacon). Fred Smith did not immediately leave. Keod
Smith then began to physically threaten Fred Smith while brandishing a large stick.
207.
Fearing for his safety, Fred Smith decided to extricate himself by entering his car
and attempting to drive away. Keod Smith, however, instructed his workers, carrying sticks and
metal weapons, to surround the car in a threatening manner and to prevent Fred Smith from
escaping. At Keod Smiths direction, one of the workers smashed the back windshield of Fred
Smiths car with a curved steel bar, causing the windshield to shatter into the backseat of the car.
Keod Smith then reached into Fred Smiths vehicle to remove the curved barkey evidence in
the assaultfrom the backseat. The shattered windshield of Fred Smiths vehicle and Keod
Smiths removal of critical evidence from that vehicle were captured on video and are publicly
available on YouTube at https://www.youtube.com/watch?v=bDm1JHE3Jsc.
208.
Keod Smith was criminally charged with assault and threats, but the Attorney
General of the Bahamas intervened in the Police prosecution and withdrew the charges against
Keod Smith. Fred Smith was also charged with allegedly causing harm to one of his assailants
when he fled by car, even though Fred Smith was the victim of the mob riot. The Attorney
General also intervened to dismiss the charges against Fred Smith.
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209.
Upon information and belief, Keod Smiths act of violence against Fred Smith
was taken on behalf of and at the direction of Nygrd, Keod Smiths client and for whom Keod
Smith serves as a proxy in the Harassment Campaign.
210.
Upon information and belief, this act of violence against Fred Smith was
calculated to intimidate Mr. Bacon. As part of the Harassment Campaign, Nygrd and his
proxies, such as Keod Smith, have publicly accused Save The Bays of being a front for Mr.
Bacon and Mr. Bacons alter ego. Thus, the attack on Fred Smith, a director of and lawyer for
Save The Bays, was calculated to be an attack on Mr. Bacon.
211.
Upon information and belief, by causing Mr. Bacons supporters and closest allies
in the Bahamas to be attacked, Nygrd intended to isolate Mr. Bacon and to send a message to
Mr. Bacon and his supporters that Nygrds forces are willing to use violence to protect
Nygrds efforts to act with impunity in the Bahamas.
C.
Staged Hate Rallies
212.
Upon information and belief, Nygrd and his co-conspirators have directed other
acts of physical intimidation against Mr. Bacon and other supporters of his environmental causes
in the Bahamas.
213.
For example, on July 14, 2014, December 5, 2014, and January 1, 2015, staged
hate rallies were held in Nassau, Bahamas, in which Mr. Bacon and his close allies were further
harassed, intimidated, and threatened. In addition, on April 7 and 21, 2013, Keod Smith
convened public rallies at Jaws Beach, Bahamas, at which participants wore t-shirts emblazoned
with defamatory words, We wont let Louis Bacon and his unrighteous cohorts rob, lie, trick or
bribe us out of our inheritance, and carried placards bearing the defamatory words, Louis
Bacon is a liar he did not lead the grassroots movement to save Clifton. Photographs of the
event were published on Keod Smiths Facebook page, Save Clifton.
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214.
Upon information and belief, the Nygrd Defendants, acting directly and through
co-conspirators, secretly orchestrated these staged hate rallies and surreptitiously paid protesters
to attend these staged hate rallies and provided them with t-shirts, placards, and other support.
215.
Upon information and belief, the Nygrd Defendants intended for these hate
rallies to appear to be spontaneous congregations of actual protesters opposed to Mr. Bacon, in

an effort to threaten and harass Mr. Bacon and his family and supporters.
216.
Mr. Bacon and his family were not present in the Bahamas during any of the
below-described staged hate rallies. Upon information and belief, the Nygrd Defendants
orchestrated these staged hate rallies, believing that Mr. Bacon and his family were located in
New York at the time, in such a threatening manner as to ensure that the protests would be
reported in the news and on social media. Upon information and belief, the Nygrd Defendants
intended for the broad reporting of the hate rallies so that Mr. Bacon and his family would be
intimidated and harmed while present in New York upon learning of the hate rallies, and in order
to terrify Mr. Bacon and his family from ever returning to the Bahamas again.
217.
The Nygrd Defendants, acting directly and through co-conspirators, orchestrated
the July 14, 2014, staged hate rally, during which dozens of Bahamians, marching in Nassau,
Bahamas, were outfitted with t-shirts and placards falsely accusing Mr. Bacon of membership in
the KKK, calling him a terrorist, and threatening to throw Mr. Bacon out of the Bahamas. One
T-Shirt worn by protesters stated Save Nygrd Cay from A Thief, and bore an image of Mr.
Bacon. Another placard carried at the hate rally said, No Selective Environmentalists Here.
Keep Out. Upon information and belief, the Nygrd Defendants orchestrated this staged antiBacon protest and paid Bahamians to march against Mr. Bacon.
218.
Below are two images of the staged hate rally on July 14, 2014.
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219.
At the same time, in mid-July 2014, Nygrd erected two large signs on his
property maliciously attacking Mr. Bacon. These signs are directed at Mr. Bacons property and
can be viewed from there. One sign states: ITS [SIC] TIME TO THROW THE TRASH
OUT!, referring to LOUIS KKK BACON and MOORE CAPITAL MANAGEMENT. The
other sign bears Mr. Bacons image with the word CRIMINAL stamped on his forehead.
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Superimposed over the image are the words: Bacon not the solution[.] He is the problem[.]
Say No! To Moore Capital Management and Louis KKK Bacon. Below is an image of the
anti-Bacon signs at Nygrd Cay.
220.
Upon information and belief, the Nygrd Defendants, acting directly and through
co-conspirators, organized the January 1, 2015 staged hate rally against Mr. Bacon. That staged
protest occurred at the annual Junkanoo parade. The Junkanoo is a high profile official
celebratory parade filled with masquerades, bright and colorful costumes, lively dancing, and
music; it is a peace-loving and lively celebration of the Bahamas and its people (similar to the
annual Mardi Gras parade in New Orleans, Louisiana). On January 1, 2015, a group of
individuals wearing KKK hats paraded through the streets of Nassau, Bahamas, with placards
bearing Mr. Bacons photograph and falsely stating that Bacon is KKK (with images of a KKK
cross burning), inviting onlookers to join the coalition to banish Bacon and demanding that
Bacon Go Home.
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221.
In addition to attacking Mr. Bacon, the staged Junkanoo hate rally attacked others
acting on behalf of Save The Bays, including its lead lawyer and director Fred Smith. For
example, protesters carried placards calling Fred Smith a Haitian infidel and asking Is Fred
Smith a Bahamian?? Or an Illegal Haitian?? Leading this staged hate rally against Mr. Bacon
were two individuals carrying a large placard titled The Coalition to Rid the Bahamas of Louis
Moore Bacon!!!, and the placard bore the images of Mr. Bacon and Fred Smith. As with the
attack on Fred Smith, upon information and belief, the personal epithets and hate speech against
Fred Smith are an effort to further isolate Mr. Bacon and prevent Mr. Bacon and Save The Bays
from being able to retain experienced and talented counsel in the Bahamas to challenge Nygrds
actions.
222.
Below are two images of the staged hate rally against Mr. Bacon at the Junkanoo
parade on January 1, 2015.
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V.
Acts of Wanton Destruction and Vandalism of Mr. Bacons Property

223.
Between June 2011 and July 2012, Nygrd caused his agents to engage in
malicious, unjustified, and extreme acts of vandalism on Mr. Bacons property in the
Bahamas. In so doing, Nygrd knew that he was acting unlawfully, and indeed, caused such
actions to occur in order to intimidate and harass Mr. Bacon.
224.
Specifically, on six separate occasions between June 29, 2011 and May 31, 2012,
Nygrd caused his agents to vandalize the 25-foot-wide roadway on Mr. Bacons property in the
Bahamas by, among other things, spray painting black paint on the roadway with the word
Private, affixing signs on the roadway with the words Nygrd Cay, and painting the words
Nygrd Cay on the roadway. These actions were without justification and constitute acts of
intentional vandalism.
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225.
Upon information and belief, Nygrd caused his agents to vandalize and damage
four security cameras located on Mr. Bacons Bahamian property. Specifically, on or about June
7, 2012, three security cameras on Mr. Bacons property had been vandalized and the cables to
the camera were cut. That same day, the lens of the fourth camera was sprayed with black paint.
226.
Upon information and belief, on or about June 11, 2012, Nygrd caused his agents
to remove, without Mr. Bacons consent, speed bumps that Mr. Bacon had installed on his
roadway as a safety precaution for his children.
227.
to remove coral stones and destroy certain plants owned by Mr. Bacon, located alongside the
roadway on Mr. Bacons property.
228.
to elevate the gradient of the roadway on Mr. Bacons property by laying an additional layer of
asphalt without Mr. Bacons consent.
229.
Upon information and belief, on or about July 14, 2012, Nygrd caused three
agents to cut away with a saw and remove security gates owned by Mr. Bacon and located on
Mr. Bacons property. These men arrived and departed from the scene of the crime in a truck
that, upon information and belief, came from Nygrd Cay, and loaded the stolen security gates
onto the truck. These actions were caught on video camera, but Nygrds agents attempted to
obscure their faces by wearing baseball caps and handkerchiefs. By letter to Mr. Bacon dated
July 17, 2012, Nygrds counsel confirmed Nygrds involvement in this illegal vandalism and
informed Mr. Bacon that Nygrd planned to hold the gates in safe-keeping for seven days
before disposing of them entirely. Subsequently, on July 24, 2012, Nygrds agents placed one
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of the gates on the edge of Mr. Bacons driveway and threw the other gate over a wall near Mr.
Bacons home.
230.
Nygrds repeated acts of property destruction and vandalism against Mr. Bacon
were wanton, outrageous, and reprehensible. Indeed, at a judicial hearing in the Bahamas on
June 13, 2012, Nygrd, through counsel, gave the court an undertaking that he would make no
further alterations to Mr. Bacons roadway pending ongoing litigation between the parties
regarding that roadwayan undertaking that Nygrd subsequently ignored. Nygrds violent
acts of property destruction and vandalism despite his representations to the court were
calculated to intimidate and inflict emotional distress on Mr. Bacon, by, among other things,
signaling to Mr. Bacon that Nygrd acts above the law and neither security measures (i.e.,
security gates and security cameras) nor the judiciary can protect Mr. Bacon from Nygrd.
VI.
The Filing of Vexatious and Frivolous Lawsuits

231.
On March 24, 2011, Nygrd filed a civil conspiracy action against Mr. Bacon and
others in the Supreme Court of the Commonwealth of the Bahamas alleging that Mr. Bacon
engaged in conspiracy with the CBC to extort and defame Nygrd in connection with the CBC
Documentary (the First Nygrd Civil Conspiracy Action). In the First Nygrd Civil
Conspiracy Action, Nygrd made scandalous and false allegations against Mr. Bacon, including
that Mr. Bacon was involved in bribing third parties to fabricate stories about Nygrd,
conspired with employees of the CBC to cause Nygrd irrevocable harm in his personal and
private domain, used intimidation, bribery and other illegal means of coercion to harm
Nygrd, and caused to be published certain false and trumped up allegations about Nygrd that
led to a Facebook internet campaign to further cause [Nygrd] harm in his personal and private
life.
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232.
The allegations against Mr. Bacon asserted in the First Nygrd Civil Conspiracy
Action were baseless and lacked any merit.

233.
Despite widely publicizing the claim in the press, Nygrd did not serve Mr. Bacon
with the First Nygrd Civil Conspiracy Action, and the deadline for service of the civil action
expired.
234.
On April 12, 2012, Nygrd filed a private criminal action against Mr. Bacon and
others in the Magistrates Court of the Commonwealth of the Bahamas, alleging, among other
things, that Mr. Bacon engaged in a criminal conspiracy with the CBC to extort and defame
Nygrd in connection with the CBC Documentary (the First Nygrd Criminal Conspiracy
Action). As part of the First Nygrd Criminal Conspiracy Action, Nygrd executed an affidavit
that made scandalous allegations against Mr. Bacon, including that Mr. Bacon sought to steal
Nygrd Cay from Nygrd, conspired with employees of the CBC in order to take [Nygrd]
down, offered women $5,000 to $10,000 to lie and make up a juicy sex story involving
[Nygrd], committed acts to harass Nygrd and his staff, and procured false evidence
against Nygrd.
235.
Nygrd did not serve and, upon information and belief, never attempted to serve
Mr. Bacon with the First Nygrd Criminal Conspiracy Action.

236.
The allegations against Mr. Bacon asserted in the First Nygrd Criminal
Conspiracy Action were baseless and lacked any merit. Indeed, the First Nygrd Criminal
Conspiracy Action was based on insufficient evidence and, on April 19, 2012, the Attorney
General of the Bahamas issued a nolle prosequi of the criminal prosecution, dismissing the
action.
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237.
On June 7, 2012, Nygrd filed a substantially identical private criminal action
against Mr. Bacon and others in the Bahamas Magistrates Court, again alleging that Mr. Bacon
engaged in a criminal conspiracy with the CBC to extort and defame Nygrd in connection with
the CBC Documentary (the Second Nygrd Criminal Conspiracy Action). Nygrd filed the
Second Nygrd Criminal Conspiracy Action without any additional evidence to support his
claims and despite the fact that, just six weeks prior, the Bahamas Attorney General issued a
nolle prosequi of the First Nygrd Criminal Conspiracy Action.
238.
Once again, as with the First Nygrd Criminal Conspiracy Action, Nygrd did not
serve Mr. Bacon with the Second Nygrd Criminal Conspiracy Action.
239.
As with the First Nygrd Criminal Conspiracy Action, the allegations in the
Second Nygrd Criminal Conspiracy Action were baseless and lacked any merit. Indeed, the
Second Nygrd Criminal Conspiracy Action relied on the same allegations that the Bahamas
Attorney General concluded were insufficient when the Attorney General issued a nolle prosequi
of the First Nygrd Criminal Conspiracy Action. Within a few weeks, on June 25, 2012, Nygrd
voluntarily dismissed the action.
240.
On April 13, 2012, Nygrd filed a second civil conspiracy action against Mr.
Bacon and others in the Supreme Court of the Commonwealth of the Bahamas alleging, yet
again, that Mr. Bacon engaged in a conspiracy with the CBC to extort and defame Nygrd in
connection with the CBC Documentary (the Second Nygrd Civil Conspiracy Action). In the
Second Nygrd Civil Conspiracy Action, Nygrd made scandalous allegations against Mr.
Bacon, including that Mr. Bacon hired individuals to attempt to obtain falsified damaging
testimony about Nygrd and engaged in a conspiracy with CBC employees to tarnish or
destroy the international reputation of Nygrd and deprive Nygrd of access to Nygrd Cay.
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241.
Once again, Nygrds allegations in the Second Nygrd Civil Conspiracy Action
against Mr. Bacon were baseless and lacked any merit. Indeed, the Second Nygrd Civil
Conspiracy Action relied on the same allegations and evidence that the Bahamas Attorney
General concluded were insufficient when the Attorney General issued a nolle prosequi of the
First Nygrd Criminal Conspiracy Action.
242.
On or about June 25, 2012, Nygrd withdrew the Second Nygrd Civil
Conspiracy Action in its entirety, but only after his baseless allegations received substantial press
coverage.
243.
From the time the Second Nygrd Civil Conspiracy Action was filed through the
time of its discontinuance, Nygrd never served a single document on Mr. Bacon. Nygrd,
however, did publicly file his lawsuits against Mr. Bacon and they garnered substantial press
attention.
244.
Upon information and belief, Nygrd publicly filed these frivolous lawsuits
against Mr. Bacon in an effort to harass and intimidate him, to inflict emotional distress on Mr.
Bacon, and to maliciously advance false allegations against Mr. Bacon in a setting that Nygrd
believed would privilege journalists and newspapers to republish the false allegations.
245.
Upon information and belief, Nygrd continued to file these frivolous lawsuits
against Mr. Bacon, despite the Attorney Generals early intervention in the first private criminal
action filed by Nygrd, in order to signal to Mr. Bacon that, not even the Bahamian Attorney
General can deter Nygrd from engaging in his continued and persistent Harassment Campaign.
VII.
The Nygrd Defendants and Their Proxies Efforts to Hide the Harassment
Campaign
246.
Mr. Bacon has suspected that Nygrd was behind the Harassment Campaign, but
had no hard proof. To uncover the Nygrd Defendants involvement in the Harassment
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Campaign and the internal operations of its network of co-conspirators and proxies, Mr. Bacon,
among other things, diligently pursued litigation through the courts of the Bahamas; but time and
again, through affirmative misrepresentations and lies, Nygrd, through his proxies, thwarted Mr.
Bacons efforts to uncover the truth.
247.
Mr. Bacon, in a diligent effort to uncover whether certain individuals and
businesses were part of an enterprise acting to defame, intimidate and attack him, initiated nine
separate discovery and defamation actions in the Bahamas (the Bahamian Actions). The
proceedings are Bacon v. Rolle & Graham 2011/COM/gen/00825 (Supreme Court of the
Commonwealth of The Bahamas); Bacon v. Brown & McKinney, 2012/COM/gen/00503
(Supreme Court of the Commonwealth of The Bahamas); Bacon v. Earlin Williams,
2012/COM/gen/00923 (Supreme Court of the Commonwealth of The Bahamas); Bacon v. Jones
Commcns Ltd, 2012/CLE/gen/00838 (Supreme Court of the Commonwealth of The Bahamas);
Bacon v. Phillippa Lady Russell, 2013/CLE/gen/01616 (Supreme Court of the Commonwealth
of The Bahamas); Bacon v. Carvel Francis, 2013/CLE/gen/01615 (Supreme Court of the
Commonwealth of The Bahamas); Bacon v. Jones Commcns Ltd. & Wendall Jones,
2013/CLE/gen/01658 (Supreme Court of the Commonwealth of The Bahamas); Bacon v. Brown
2013/CLE/gen/02114 (Supreme Court of the Commonwealth of The Bahamas); and Bacon v.
Brown 2015/CLE/gen/00195 (Supreme Court of the Commonwealth of The Bahamas).
248.
Mr. Bacon began filing the Bahamian Actions in January 2011, with additional
lawsuits filed in the years thereafter. The Bahamian Actions were filed against numerous
proxies who appeared to be connected to the defamatory statements made against Mr. Bacon as
part of the Harassment Campaign. Mr. Bacon commenced these lawsuits against the proxies, not
Nygrd or the Nygrd Companies, because Mr. Bacon lacked sufficient evidence to adequately
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allege that the Nygrd Defendants were orchestrating this coordinated Harassment Campaign
against him. Any lawsuit against Nygrd or the Nygrd Companies for defamation at the time of
these lawsuits against Nygrds proxies would have been premature.
249.
As the Bahamian Actions developed, Nygrds proxies obscured their role in the
Harassment Campaign and attempted to conceal their relationship with the Nygrd Defendants,
including through the filing of knowingly false testimony.
A.
Sherman Browns Efforts to Obstruct Discovery of the Harassment

Campaign
250.
As discussed above, since at least late-2010, the Bahamas Citizen (now defunct)
and the Bahamas National websites have published defamatory statements about Mr. Bacon,
including allegations about Mr. Bacons involvement in murder, bribery, and smuggling, as well
as membership in the KKK.
251.
Mr. Bacons investigation further revealed that the content of many of the
defamatory articles published by the Bahamas Citizen and the Bahamas National websites were
nearly identical across the two websites, suggesting that they came from the same source. For
example, on April 11, 2011, both the Bahamas Citizen and the Bahamas National websites
published substantially similar defamatory articles about Mr. Bacon, with the Bahamas Citizen
article entitled, Louis Bacon Being Watched and the Bahamas National article entitled,
Bacon being watched. On May 5, 2011, the Bahamas Citizen website published an article
entitled, Louis Bacon is being watched, with identical content to the article published by the
Bahamas National website on or around May 9, 2011, and entitled, Louis Bacon to be
investigated.
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1.
252.
Michael Rolle and Jason Graham
As part of Mr. Bacons effort to uncover the source of the Harassment Campaign
and the origins of these defamatory articles published on the Bahamas Citizen and/or the
Bahamas National websites, on December 21, 2010, Mr. Bacon filed a discovery action in
England. The discovery action was filed against Just Host Limited, which public records showed
was the host company for the Bahamas Citizen website. The information provided by Just Host
Limited pursuant to the discovery action identified an Al Simmons as the subscriber for the
Bahamas Citizen website. Further investigation revealed that Al Simmons was a pseudonym
for Michael Rolle, an individual based in The Bahamas.
253.
Then, on June 24, 2011, Mr. Bacon filed a discovery action against Michael
Rolle, the creator of the Bahamas Citizen website, and Jason Graham, the creator of the Bahamas
National website.
254.
On October 26, 2011, the Supreme Court of the Commonwealth of the Bahamas
granted Mr. Bacons application and entered a Norwich Pharmacal Order requiring both Rolle
and Graham to provide the information requested (the Rolle/Graham Order).3
2.
255.
Rolle and Graham Implicate Sherman Brown
Following entry of the Rolle/Graham Order, Rolle filed two affidavits explaining
the origins of the defamatory articles about Mr. Bacon on the Bahamas Citizen website. Rolle
swore that he was retained by Sherman Brown, a journalist based in New Providence, Bahamas,
in July or August 2010, to create a website called bahamascitizen.com, and that Brown
subsequently paid Rolle between $1,500 and $2,000 to publish the defamatory articles about Mr.
A Norwich Pharmacal Order is a court order for the disclosure of documents or information
from a party who may have been involved in wrongdoing.
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Bacon. Rolle also received defamatory articles from anonymous email addresses, including
mrbigboy242@gmail.com. Rolle also swore that he assisted in the management of the Bahamas
National website at the request of Brown and Steve McKinney, the host of Hard Copy, a
Bahamian radio show.
256.
Rolles sworn statement of December 12, 2011 admits that when Brown first
commissioned Rolle to create the Bahamas Citizen website, he instructed Rolle that he needed
the site to show up on Google when anyone typed in Louis Bacon. Brown further instructed
Rolle to purchase domain names based on Mr. Bacons name, including louisbacon.org and
louisbacon.info. Documentary evidence produced by Rolle reveals that Brown was working
on behalf of an unnamed client, whom Brown referred to in a November 1, 2011 affidavit as the
chief, and that Brown hoped Rolle could, create a miracle to get google on Louis Bacon stories
out there internationally I will also do something great $$$$.
257.
Following issuance of the Rolle/Graham Order, Graham filed a sworn affidavit
dated September 14, 2011 in which he acknowledged developing the Bahamas National website,
but failed to identify who he was working for and denied ever having been provided any
defamatory material about Mr. Bacon. The Court ordered additional disclosure, in response to
which Graham filed another affidavit on November 15, 2012 acknowledging that he was hired
and paid by Brown to develop and host the Bahamas National website, and on January 24, 2014,
Graham acknowledged that Brown was solely responsible to the editorial content of the
material included on the website.
3.
258.
Sherman Browns Lies
In response to Rolles and Grahams disclosures, and in an effort to uncover
whether Brown was acting in furtherance of the Harassment Campaign, in March 2012, Mr.
Bacon sent a pre-action letter before demand to Brown seeking information regarding the
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identity of the individual(s) who retained Brown to publish smear articles against Mr. Bacon.
Brown did not respond.
259.
On April 13, 2012, Mr. Bacon filed a discovery application in the Supreme Court
of the Commonwealth of the Bahamas against Brown and McKinney.

260.
In June 2012, the Bahamas court ordered Brown and McKinney to provide an
overview of the smear campaign against [Mr. Bacon] by providing a full list of all the other
individuals embroiled in this campaign, together with a full explanation of the person or persons
with overall responsibility for coordinating and funding the smear campaign (the
Brown/McKinney Order).
261.
Brown and McKinney steadfastly refused to make any disclosures as required by
the courts order. As a result, on August 7, 2012, Mr. Bacon sought leave to apply for a
committal order against both individuals, which the Court granted on December 19, 2012.
262.
On January 30, 2013, after being notified of the Brown/McKinney Committal
Application, McKinney submitted an affidavit in which he asserted that he did not have any
personal knowledge whatsoever regarding the matters listed in the Brown/McKinney Order.
263.
On January 31, 2013, upon learning of the courts committal application, and
despite the threat of imprisonment therefrom, Brown submitted an affidavit denying any
ownership interest in the Bahamas National website and the allegations of Rolle and Graham.
264.
On July 8, 2013, Brown submitted a second affidavit, in which, among other
things, he: (i) denied any involvement or knowledge in a smear campaign against Mr. Bacon;
(ii) denied involvement in the Bahamas Citizen website, stating that he had no dealings with the
ownership operation or maintenance of the Bahamas Citizen website; and (iii) claimed that the
ultimate editorial and veto power control over what is allowed on the [Bahamas National]
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website resided solely in the hands of Rev. Graham. Brown specifically denied having worked
on behalf of any specific individual, and he claimed, without any evidence or support, that emails
produced in prior proceedings insinuating anything to the contrary were doctored.
265.
Similarly, in sworn testimony on November 17, 2014, Brown categorically denied
having any relationship with Nygrd. Brown stated under oath that he has no business
relationship with Mr. Peter Nygrd, and further denied having any kind of non-business
relationship. Brown denied recognizing an email sent from Nygrd to Browns email account,
claiming that he did not know Nygrds email address.
266.
In sworn testimony, Brown also testified inconsistently regarding his relationship
with Rolle. While initially stating that he did not know Rolle, he later admitted that Rolle had
contacted him and once approached him in person. Despite email evidence to the contrary,
Brown contended that he never worked with Rolle in any capacity, let alone publishing articles
regarding Mr. Bacon. In response to questioning about emails that contradict Browns
testimony, Brown claimed that his email account had been hacked and even argued that Rolle
might be the hacker.
267.
As a result of Browns false testimony, on February 3, 2015, Mr. Bacon filed an
ex parte request for leave to apply for a committal order against Brown, which the Court granted
on March 2, 2015. The Court also requested that Mr. Bacon serve copies of his committal
application against Brown on the Attorney General of the Bahamas, so that the Attorney General
can consider whether criminal charges for perjury should be brought against Brown as a result of
his false testimony.
268.
On December 17, 2015, the Supreme Court of the Bahamas found, beyond a
reasonable doubt, that Brown knowingly and deliberately lied when he denied his relationship
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with Peter Nygrd and his knowledge of the Harassment Campaign. For example, Brown falsely
denied knowledge of invoices relating to the Bahamas National smear website. Then, in a fit of
desperation after being confronted with emails between himself and Peter Nygrd, as well as
other orchestrators of the Harassment Campaign, Brown claimed that some unknown third party
had hacked into his email account and authored the emails at issue.
269.
The Bahamian Supreme Court saw through Browns ridiculous lies, ultimately
determining that the evidence plainly demonstrate[s] that Mr. Brown, in concert with a number
of other individuals including Mr. Peter Nygard, . . . orchestrated the anonymous publication of
numerous defamatory articles and other material about Mr. Bacon. The court further concluded
that Brown knew and intended that, by lying in a court of law, he would impede and interfere
with the proper administration of justice, and thus found Brown to be in contumacious
contempt of court.
270.
Upon information and belief, Browns denials of involvement in the Bahamas
Citizen and Bahamas National websites, as well as his denial of working on behalf of any
specific individual and of having a business relationship with Nygrd, are materially and
knowingly false.
271.
Upon information and belief, Brown lied and committed perjury about these
matters to hide the Nygrd Defendants involvement in the Harassment Campaign and to mislead
or discourage Mr. Bacon from filing a lawsuit against the Nygrd Defendants for the torts
alleged in this Second Amended Complaint.
B.
Earlin Williams Efforts to Obstruct Discovery of the Harassment Campaign
272.
Since mid-2010, the Bahamas Press and the Bahama Journal websites have been
the source of substantial defamatory content about Mr. Bacon published as part of the
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Harassment Campaign, including allegations about Mr. Bacons involvement in murder, bribery,
and smuggling.
273.
As discussed above and referenced in Appendix A, in mid-2012, the Bahamas
Press website published a series of defamatory articles under the byline E. Williams that
falsely accused Mr. Bacon of, among other things, bribery of Bahamian officials and
international drug smuggling. Some of these articles were also published on the Bahama
Journal website.
274.
Upon information and belief, Williams wrote the defamatory Bahamas Press and
Bahama Journal articles published under the E. Williams byline while employed as Nygrds
press secretary and at Nygrds direction.
275.
On July 11, 2012, Mr. Bacon filed a defamation action against Earlin Williams
based on the publication of the defamatory E. Williams articles (the Williams Action).
276.
On September 3, 2012, Williams, through his counsel Keod Smith (who also
represents Nygrd and Sherman Brown), filed a Defence and Counterclaim denying that
Williams was the author of the defamatory articles at issue published under the byline E.
Williams.
277.
On November 27, 2012, Williams filed a sworn affidavit denying that he is the
E. Williams who authored the defamatory articles at issue in the lawsuit.

278.
Upon information and belief, Williams denials of authoring the defamatory
Bahamas Press and Bahama Journal articles published under the E. Williams byline are
materially and knowingly false.
279.
Williams denials of authoring the defamatory Bahamas Press articles are
contradicted by other witnesses and evidence. In a defamation proceeding brought by Mr. Bacon
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against Jones Communications Ltd., the publisher of certain defamatory articles at issue in the
Williams Action, Jones Communications confirmed in a Statement in Open Court that, in 2012,
Earlin Williams asked Wendell Jones (the owner of Jones Communications) to seek to be an
unpaid columnist for the Bahamas Journal newspaper, that Earlin Williams had written the
defamatory articles, and that Jones had heard that Williams and Brown were working with
Nygrd.
280.
Similarly, an article published in a Bahamas newspaper on July 23, 2013 detailed
the billing records of Nygrds counsel in the Bahamas. Those billing records include, among
others, the following two entries that refer to Earlin (presumably Earlin Williams) and that
suggest that Earlin was working for Nygrd in furtherance of the Harassment Campaign:
February 29 March 3, 2012
March 4, 2012
281.
Discussing and agreeing with Earlin to have him redirect his focus from
the documentary for the time being to getting story in printed
broadsheets. Set fees plus disbursements in achieving bringing
broadsheets on our side as well as working to establish right atmosphere
to get overall story of Peter J. Nygard printed so that it could take off in
Canada and Europe (1.5 hrs) Amount Due $5,000; Our Fee $600.
Meeting with Broad Sheet No. 1 along with Earlin going over getting
his support of our focus; explaining the overall strategy as to PR in these
issues and need for publication on demand to secure ongoing exclusives;
went over details of issue coming out of letter to real estate association
(2.5hrs). Amount due: $259; Our fee: $1,000.
Upon information and belief, Williams lied about his involvement as the author of
the defamatory Bahamas Press and Bahama Journal articles in order to hide the Nygrd
Defendants involvement in the Harassment Campaign and to mislead or discourage Mr. Bacon
from filing a lawsuit against the Nygrd Defendants for the torts alleged in this Second Amended
Complaint.
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C.
Phillippa Russells Efforts to Obstruct Discovery of the Harassment

Campaign
282.
Upon information and belief, Nygrd hired and paid Phillippa Russell, a broadcast
journalist in the Bahamas, to provide him public relations services.

283.
On or about June 7, 2013, Russell organized and participated in a march in which
she held a sign GO HOME BACON! 5 lies of Louis Bacon Bacon called Bahamian police
terrorists. LOUIS BACON IS A FRAUD!!! The reverse side of the sign stated, BACON IS
A RACIST. At this march, Russell also wore a t-shirt with a picture of a KKK member on it
and bearing the following words: Racists want our Clifton Clifton belongs to us Louis
Moore Bacon go home!! Russell also stated in her speech, available on YouTube, that Mr.
Bacon is a villain and asked the government to remove Louis Bacon from our midst.
Footage of this rally and other Harassment Campaign rallies was uploaded to the internet.
284.
On or about September 30, 2013, Mr. Bacon commenced a defamation lawsuit
against Russell in the Bahamas Supreme Court, and sought discovery regarding her relationship
with Nygrd.
285.
Russell denied any involvement in a smear campaign and obfuscated any role
Nygrd played in the June 7 march. Specifically, by letter dated April 14, 2014, Russell, through
counsel, denied being involved in any campaign of defamation against [Mr. Bacon] and
claimed that Russell had only been engaged by Nygrd for the purpose of providing public
relations assistance in regard to the promotion of his stem cell research and not for any purpose
related to [Mr. Bacon]. Upon information and belief, these statements are materially and
knowingly false.
286.
Upon information and belief, Russell lied about her relationship with Nygrd in
order to hide the Nygrd Defendants involvement in the Harassment Campaign and to mislead
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or discourage Mr. Bacon from filing a lawsuit against the Nygrd Defendants for the torts
alleged in this Second Amended Complaint.
D.
Nygrds Efforts to Obstruct Justice and Tamper with a Witness in the

United States
287.
In early 2014, Stephen Feralioa then-28-year-old videographercame forward
as a whistleblower with smoking-gun evidence, including documents and over one thousand
hours of video recordings of Nygrd and his involvement in the Harassment Campaign. Mr.
Feralio revealed an insiders view into the Harassment Campaign, and identified Nygrd as the
head of a corrupt enterprise to smear, harass, and intimidate Mr. Bacon. Mr. Feralio turned over
documents that confirmed Nygrds involvement as the head of the Harassment Campaign
conspiracy.
288.
Mr. Feralio acted as the personal videographer for Nygrd for over two years,
during the very time that Nygrd was executing the Harassment Campaign, and in that regard, he
created a number of anti-Bacon attack videos posted on YouTube (such as the Paul Pierce
YouTube Videos) as part of what Mr. Feralio himself referred to as the Bacon smear
campaign.
289.
Fearing retaliation and physical violence by Nygrd, Mr. Feralio was fearful of
turning over his evidenceincluding over one thousand hours of videotapewithout judicial
intervention. Those fears were based, in part, on Mr. Feralios review of numerous public
reports, including the CBC and Forbes exposs, depicting Nygrd as vindictive and dangerous,
as well as Mr. Feralios personal observations of Nygrds history of violent behavior and fits
of rage, and using harassment and financially ruinous litigation to intimidate those who speak out
against him.
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290.
On August 13, 2014, Mr. Bacon and Save The Bays filed the Section 1782 Action
to obtain a court order compelling production of Mr. Feralios evidence.

291.
After Mr. Bacon filed the Section 1782 Action, Nygrd went to great lengths to
intimidate Mr. Feralio and obstructed justice. Within hours of the public disclosure of the
Section 1782 Action and Mr. Feralios cooperation with Mr. Bacon, Nygrd repeatedly and
frantically attempted to locate and communicate with Mr. Feralioa represented party who
publicly proclaimed his fear of Nygrdthrough intermediaries, in order to intimidate him and
obstruct his truthful testimony and production of the subpoenaed video footage. Among other
things, Nygrd caused his son and Mr. Feralios former roommate to contact Mr. Feralio to learn
Mr. Feralios location, warning that we need to find him before he ruins the rest of his life.
Nygrd instructed Mr. Feralios former roommate, we need to make him [Feralio] turn on
Bacon. When it became clear that Mr. Feralio would not be intimidated, Nygrd, through his
son, passed along one final ominous message: I hope u know what ur doing
292.
Nygrds efforts to obstruct the Section 1782 Action and intimidate Mr. Feralio
evidences Nygrds involvement in the Harassment Campaign against Mr. Bacon and further
evidences his knowledge and understanding of the wrongfulness of his and the Nygrd
Companies conduct.
293.
When his efforts to obstruct and intimidate a witness failed, the Nygrd
Defendants instead intervened in the Section 1782 Action to oppose granting discovery. In re
The Coalition To Protect Clifton Bay and Louis Bacon, No. 14 mc 258, Dkt. 49 (S.D.N.Y. Sept.
18, 2014).
294.
On October 28, 2014, the Honorable Denise L. Cote granted the petition for
discovery in the Section 1782 Action, denying the Defendants motion to quash the subpoenas to
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Mr. Feralio. As a result of that order, Mr. Bacon successfully obtained over one hundred hours
of video footage from Mr. Feralio.4
E.
Equitable Estoppel and Equitable Tolling
295.
Due to the anonymous nature of, and the Nygrd Defendants scheme to conceal
their involvement in, the Harassment Campaign, equitable estoppel should apply for any
defamatory statements that the Nygrd Defendants published, caused to be published, aided and
abetted the publication of, or conspired to publish as part of the Harassment Campaign since
approximately May 2010.
296.
Mr. Bacon has at all times diligently attempted to identify the sources behind and
origins of the Harassment Campaign. However, Nygrd, the Nygrd Companies, and their
proxies and co-conspirators went to great lengths to hide the identity of the individual(s) behind
the Harassment Campaign. Their scheme to conceal the Nygrd Defendants involvement in the
Harassment Campaign was calculated to, or negligently did, mislead or discourage Mr. Bacon
from filing a lawsuit against the Nygrd Defendants for the torts alleged in this Second Amended
Complaint.
297.
Upon information and belief, the Nygrd Defendants had knowledge that Mr.
Bacon alleged that the defamatory allegations published by the Harassment Campaign were false
and defamatory, based on the Nygrd Defendants actual or constructive knowledge of the
lawsuits Mr. Bacon filed against the Harassment Campaigns proxies in the Bahamas.
The Nygrd Defendants sought and obtained a protective order in the Section 1782 Action
that prohibits use of or disclosure of the videotapes obtained in the Section 1782 Action in any
lawsuit other than the Bahamian lawsuits for which the discovery was sought. For this reason,
none of the videotapes produced by Feralio in the Section 1782 Action are disclosed in this
Second Amended Complaint and Mr. Bacon has not relied on the information in any of these
videotapes to support his allegations in this action.
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298.
The statute of limitations should also be equitably tolled for those acts affected by
it because Mr. Bacon has at all times diligently pursued discovery directed towards identifying
the culprits behind the Harassment Campaign, because Defendants and their co-conspirators
conduct in hiding the true sources of the Harassment Campaign prevented Mr. Bacon from
pursuing Defendants, and because tolling will avoid inequitable circumstances.
VIII. The Harassment Campaign Continues Unabated
299. Throughout the year following Mr. Bacons filing this suit, the Defendants
Harassment Campaign has only intensified. Appendix A to this Complaint therefore now
includes 33 new defamatory statements published throughout the past year. These 33 new
publications include false and defamatory allegations that Mr. Bacon is a murderer, has paid
illegal bribes to Bahamian officials, is a member of the KKK, and is under criminal investigation
for insider trading, among other outrageous and baseless accusations. The 33 new statements
were published via staged protests, interviews with media representatives, social networking
sites, YouTube videos, and a variety of attack blogs and fake news sources, including Louis
Bacon News; The Bahama Journal; Bahamas National; Caribbean Register;
LouisBaconUnleashed.wix.com; LouisdBaconUnmasked.org; LouisBaconUnmasked.com; Renegotiate.org; and Re-negotiate.net.
300.
For example, on information and belief, the Nygrd Defendants, acting directly
and through co-conspirators, orchestrated another staged hate rally in the Bahamas on August 3,
2015, with more than 1,000 attendees, many of whom were bussed in at Defendants expense
and promised free food, jet ski rides, and live entertainment.
301.
At the event, attendees received t-shirts bearing the words, WE WONT LET
LOUIS BACON & his UNRIGHTEOUS COHORTS ROB, LIE TRICK OR BRIBE US OUT
OF OUR INHERITANCE, as well as smear pamphlets featuring doctored photographs that
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falsely portray Mr. Bacon in a criminal mugshot, pictures of burning crosses with the words
Bacon is KKK, and other false and defamatory statements, including that Mr. Bacon is trying
to infiltrate The Bahamas in such a way as to orchestrate the repeat of another Wilmington Race
Riot, 1898. These accusations are entirely false and baseless. In causing these accusations to
be published, the Nygrd Defendants acted with actual malice and reckless disregard for the
truth.
302.
In the weeks leading up to the rally, the Nygrd Defendants, acting directly and
through co-conspirators, paid Bahamians to distribute these same pamphlets by hand in the
Bahamas. They also posted the pamphlets defamatory contents as downloadable files on several
of their attack websites, including louisbaconunleashed.wix.com, louisbaconunmasked.org, and
louisbaconunmasked.com. Upon information and belief, in a telling slip-up, at the time each file
was uploaded to the attack websites, each file had been saved using a name containing the
following: Dropbox\Projectmaster\pjn\.... PJN are Peter Nygrds initials. Thus, each
files title contained Mr. Nygrds initials, further indicating that the pamphlets were created and
distributed at the behest of Peter Nygrd and his co-conspirators.
303.
Throughout the year after Mr. Bacon filed this suit, Defendants false and
defamatory statements about Mr. Bacon have become even more malicious, harmful, and
divorced from reality.
304.
For example, on January 24, 2015, articles on two of the websites used in the
Harassment CampaignLouis Bacon News and The Bahama Journalfalsely stated that Mr.
Bacon was on the run from United States prosecutors, who were allegedly closing in on an
indictment of him for insider trading. In a disingenuous attempt to lend credibility to the
fabricated reports, The Bahama Journal then posted a doctored Financial Times articlealtering
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a portion of the headline, which originally read US Poised to Charge High Profile Figure, to
US Poised to Charge High Profile Figure Louis[] Bacon. Nothing in the Financial Times
article remotely suggests or supports the allegation that Mr. Bacon was under investigation, let
alone that prosecutors in the United States were poised to charge him. In causing these false
and baseless accusations to be published, the Nygrd Defendants acted with actual malice and
reckless disregard for the truth.
305.
Defendants and their co-conspirators also continue to repeatedly report the
disgusting assertion that Mr. Bacon murdered his employee and friend, Dan Tuckfield. For
example, on April 14, 2015, an article in The Bahama Journal entitled, SUSPICIOUS DEATH
IN LOUIS BACONS JACUZZI OPENS UP NEW CRIMINAL CONCERNS, falsely
reported that new inquiries hav[e] arisen into the suspicious death of Dan Tuckfield, and that
these supposed inquiries . . . could spell new trouble for [Mr. Bacon]. The article then states,
with no basis in truth, that the question reportedly being investigated relates to whether
Tuckfields death was actually as a result of the reported heart attack, or was he murdered. A
Bahamas National article published two days later repeated the same outrageous accusations. In
causing these false and baseless accusations to be published, the Nygrd Defendants acted with
actual malice and reckless disregard for the truth.
IX.
Damages
306.
The Defendants tortious conduct has caused Mr. Bacon general damage to his
reputation in an amount to be determined at trial.

307.
The Defendants tortious conduct has also caused Mr. Bacon special damages in
an amount of not less than $15 million, including, but not limited to, attorneys fees and other
related professional consulting fees to investigate, monitor, and mitigate the Harassment
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Campaign and to litigate the Bahamian Actions and the Section 1782 Action, as well as security
assessments and measures to protect Mr. Bacon, his family and properties.
FIRST CAUSE OF ACTION
Intentional Infliction of Emotional Distress
Against All Defendants
308.
Mr. Bacon repeats and incorporates the allegations set forth in Paragraphs 1
through 307 as though fully set forth herein.

309.
The Nygrd Defendants, either on their own or through agents, proxies, and co-
conspirators, intentionally inflicted emotional distress upon Mr. Bacon by engaging in a wideranging, international Harassment Campaign without excuse or justification.
310.
The Nygrd Defendants have used a combination of unlawful and heinous means
to conduct the Harassment Campaign against Mr. Bacon, which include, among other acts:
a.
to him;
b.

c.

d.
organizing and paying for staged hate rallies, marches, and protests
e.
creating and distributing t-shirts, placards and signs spreading malicious

f.
Internet, radio, television and in print media;
g.
using websites, Twitter accounts, and blogs bearing Mr. Bacons name in
their title; and
h.
Bacon.
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311.
The Harassment Campaign forms a calculated, unified, longstanding, and
systematic pattern of malicious harassment, intimidation, and abuse of Mr. Bacon. As alleged
above, despite Mr. Bacons attempts to stop the Harassment Campaign, the Nygrd Defendants
have refused and continue to engage in outrageous and reprehensible acts of harassment.
312.
The Harassment Campaign has been and continues to constitute extreme and
outrageous conduct that violates public policy and is utterly intolerable in a civilized society.
313.
The Harassment Campaign has been and continues to be pursued without
privilege or justification.
314.
The Nygrd Defendants have intentionally caused or recklessly disregarded a
substantial probability of causing Mr. Bacon severe emotional distress.

315.
The totality of the Nygrd Defendants longstanding, systematic, and unrelenting
Harassment Campaign against Mr. Bacon has caused Mr. Bacon to suffer severe emotional
distress and mental pain and anguish, including, but not limited to, anxiety, stress, humiliation,
embarrassment and ostracism, loss of sleep and exacerbation of other physical harms,
deprivation of social and business relationships, and damage to his professional, social and
philanthropic reputations. Moreover, the Nygrd Defendants unlawful conduct has also caused
Mr. Bacon to fear for his life and the safety of his family, friends, and supporters.
316.
Because the Defendants acted intentionally and with malice to inflict severe
emotional distress on Mr. Bacon, this Court should award punitive damages.
WHEREFORE, Mr. Bacon prays for the relief described below.
SECOND CAUSE OF ACTION
Defamation
317.

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318.
The Nygrd Defendants either directly or through agents, proxies, and co-
conspirators, have caused to be published numerous defamatory statements of fact about Mr.
Bacon. As set forth in detail in the attached Appendix A, Defendants statements include
allegations that Mr. Bacon, among other things:
319.
a.
murdered multiple individuals who died under suspicious circumstances,

and then covered up those murders from law enforcement;
b.
is a white supremacist and a member of the KKK, determined to exclude

native Bahamians from Clifton Bay;
c.
was charged by prosecutors and accused of criminal conspiracy in a

d.
smuggled narcotics, weapons, and other contraband in and out of the

Bahamas;
e.
possessed terrorist weaponry (such as illegal speakers) that pose a national

security threat to the Bahamas and have physically harmed Nygrd;
f.
committed arson of Nygrds residence; and
g.
has bribed Bahamian officials.
The statements are defamatory because they tend to expose Mr. Bacon to public
contempt, hatred, ridicule, aversion or disgrace.

320.
The Nygrd Defendants, either directly or through agents, proxies, and co-
conspirators, have assisted in the publication of additional defamatory statements and continue to
do so.
321.
Every statement about Mr. Bacon described above is categorically false and
322.
untrue.
conspirators, published these false statements to multiple third persons in New York and across
the world on television, in newspapers, on the radio, and through the Internet.
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323.
The audience for these false statements of fact reasonably understood them to be
about Mr. Bacon because each statement specifically names Mr. Bacon or taken as a whole
clearly identifies Mr. Bacon.
324.
Defendants publication of these false and defamatory statements concerning Mr.
Bacon was not privileged.

325.
Defendants published these false and defamatory statements concerning Mr.
Bacon, or caused them to be published, without justification.

326.
The Nygrd Defendants acted with actual malice in making the statements. At the
time the statements were made, Defendants knew they were false or acted with reckless
disregard for truth or falsity.
327.
The Nygrd Defendants also acted with common law malice in making the
statements. Defendant Nygrd harbors spite, ill will, and animus towards Mr. Bacon, and the
Nygrd Defendants had evil and sinister motivations in causing the publication of the statements
above.
328.
The Defendants tortious conduct has caused Mr. Bacon special damages in an
amount of not less than $15 million, including, but not limited to, attorneys fees and other
Campaign, and to litigate the Bahamian Actions and the Section 1782 Action.
329.
As a result of Defendants tortious conduct, Mr. Bacon has also suffered damages
in the form of damage to his professional, philanthropic, and personal reputations.

330.
Because the Defendants acted with malice in making their statements about Mr.
Bacon, this Court should award punitive damages.

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THIRD CAUSE OF ACTION

Defamation Per Se
331.

332.
conspirators, have caused to be published numerous defamatory statements of fact about Mr.
Bacon. As set forth in detail in the attached Appendix A, Defendants statements include
allegations that Mr. Bacon, among other crimes:
333.
a.
murdered multiple individuals who died under suspicious circumstances,

and then covered up those murders from law enforcement;
b.
was charged by prosecutors and accused of criminal conspiracy in a

c.
smuggled narcotics, weapons, and other contraband in and out of the

Bahamas;
d.
possessed terrorist weaponry (such as illegal speakers) that pose a national

security threat to the Bahamas and have physically harmed Nygrd;
e.
committed arson of Nygrds residence; and
f.
bribed Bahamian officials.
The statements are per se defamatory because they accuse Mr. Bacon of serious
criminal wrongdoing.
334.
As set forth in Appendix A, Defendants statements also include allegations that
Mr. Bacon is a member of the Ku Klux Klan and desires to bring about race-based violence.
These statements are libelous per se because their defamatory content appears on their face and
they tend to expose Mr. Bacon to public contempt, ridicule, aversion, or disgrace, or induce an
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evil opinion of him in the minds of right-thinking persons, and to deprive him of their friendly
intercourse in society.
335.
conspirators, assisted in the publication of additional defamatory statements and continue to do

so.
336.
Every statement about Mr. Bacon described above is categorically false and
337.
untrue.
conspirators, published these statements to multiple third persons in New York and across the
world on television, in newspapers, over the radio, and on the Internet.
338.
The audience for these false statements of fact reasonably understood them to be
about Mr. Bacon because each statement specifically names Mr. Bacon or taken as a whole
clearly identifies Mr. Bacon.
339.
Defendants publication of these false and defamatory statements concerning Mr.
Bacon was not privileged.

340.
Defendants published these false and defamatory statements concerning Mr.
Bacon, or caused them to be published, without justification.

341.
The Nygrd Defendants acted with actual malice in making the statements. At the
time the statements were made, Defendants knew they were false or acted with reckless
disregard for truth or falsity.
342.
The Nygrd Defendants also acted with common law malice in making the
statements. Defendant Nygrd harbors spite, ill will, and animus towards Mr. Bacon, and the
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Nygrd Defendants had evil and sinister motivations in causing the publication of the statements
above.
343.
Because the statements are defamatory per se, Mr. Bacon is presumed to have
been injured by their utterance. Defendants tortious conduct has also caused Mr. Bacon to
suffer special damages in an amount of not less than $15 million, including, but not limited to,
attorneys fees and other related professional consulting fees to investigate, monitor, and mitigate
the Harassment Campaign and to litigate the Bahamian Actions and the Section 1782 Action.
344.
As a result of Defendants defamatory conduct, Mr. Bacon has also suffered
damages in the form of damage to his professional, philanthropic, and personal reputations.
345.
Because the Defendants acted with malice in making their statements about Mr.
Bacon, this Court should award punitive damages.

FOURTH CAUSE OF ACTION
Prima Facie Tort
346.

347.
The Nygrd Defendants, either on their own or through agents, proxies, and co-
conspirators, intentionally and maliciously inflicted harm upon Mr. Bacon by engaging in a
wide-ranging, international Harassment Campaign, without excuse or justification. This
campaign has included, among other things:
a.
to him;
b.

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348.
c.

d.
organizing and paying for staged hate rally, marches, and protests
e.
creating and distributing t-shirts, placards, and signs spreading malicious

f.
Internet, radio, television, and in print media;
g.
using websites, Twitter accounts, and blogs bearing Mr. Bacons name in
their title; and
h.
Bacon.
Upon information and belief, Defendants sole motive for all of the behavior
outlined above was disinterested malevolence.

349.
The Defendants tortious conduct has also caused Mr. Bacon special damages in
an amount of not less than $15 million, including, but not limited to, attorneys fees and other
Campaign, and to litigate the Bahamian Actions and the Section 1782 Action, as well as security
assessments and measures to protect Mr. Bacon, his family, and properties.
FIFTH CAUSE OF ACTION
Aiding and Abetting
350.

351.
conspirators, each committed the torts of intentional infliction of emotional distress, defamation,
defamation per se, and prima facie tort.
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352.
Upon information and belief, the Nygrd Defendants knew that their agents and
accomplices (including the John Doe defendants) were engaging in these wrongful activities.
Indeed, Nygrd, the Nygrd Companies, and Nygrds co-conspirators, either through payments
or other means, compelled and induced their agents and accomplices to cause a police raid of Mr.
Bacons home, vandalize Mr. Bacons property, organize threatening and harassing hate rallies
and protests, engage in acts of actual or threatened violence against Mr. Bacon and his
supporters, and publish or cause to be published defamatory and harmful statements about Mr.
Bacon.
353.
Upon information and belief, the Nygrd Defendants either directly or through
agents, proxies, and co-conspirators, (1) supplied their agents and accomplices with the specific
defamatory content about Mr. Bacon that was ultimately published as part of the Harassment
Campaign and (2) assisted their agents and accomplices in pursuing a systematic pattern of
malicious harassment, intimidation, and abuse of Mr. Bacon and his supporters. Nygrd, the
Nygrd Companies, and Nygrds co-conspirators thus provided their agents and accomplices
with substantial assistance needed to carry out the Harassment Campaign against Mr. Bacon.
354.
Defendants acts as described above constitute civil aiding and abetting under
New York law, thus entitling Mr. Bacon to monetary and punitive damages.
SIXTH CAUSE OF ACTION
Civil Conspiracy
355.
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356.
conspirators, each committed the torts of intentional infliction of emotional distress, defamation,
defamation per se, and prima facie tort.
357.
The Nygrd Defendants each knowingly and intentionally combined, conspired,
and agreed together and with others to engage in this course of conduct.
358.
The Nygrd Defendants have taken numerous acts in furtherance of their corrupt
agreement. These include paying proxies to post anonymous defamatory videos, appearing on
radio programs to personally defame Mr. Bacon, and other activity described in the Second
Amended Complaint.
359.
Numerous tortious activities occurred within the state of New York in furtherance
of the conspiracy. For example, upon information and belief, the Nygrd Defendants made
payments to proxies (one of more of whom has become a whistleblower) in New York to further
their Harassment Campaign.
360.
Defendants are actively engaged in an unlawful conspiracy to intentionally inflict
emotional distress on Mr. Bacon, defame Mr. Bacon, and commit acts against Mr. Bacon that
rise to the level of prima facie tort, thus entitling Mr. Bacon to monetary and punitive damages.
PRAYER FOR RELIEF
Mr. Bacon respectfully requests judgment against Defendants be entered as follows:
A.
Ordering full expedited discovery in this proceeding to enable Mr. Bacon to

quickly understand the scope of the Harassment Campaign, and to ensure full
compliance with this Courts orders to remediate the Defendants misconduct;
B.
Awarding Mr. Bacon money damages in accordance with the evidence, together
with interest thereon, to compensate Mr. Bacon for Defendants tortious conduct,
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including for damage to Mr. Bacons personal, philanthropic, and business

reputations and as compensation for the Harassment Campaigns infliction of
severe emotional distress;
C.
Awarding Mr. Bacon punitive damages sufficient to punish and deter the conduct
complained of herein in an amount not less than $100,000,000;
D.
Awarding Mr. Bacon attorneys fees and costs of suit herein;
E.
Granting such other and further relief as the Court may deem just or proper.
Dated: January 22, 2016

New York, New York
GIBSON, DUNN & CRUTCHER LLP
By: /s/ Orin Snyder
Orin Snyder
Avi Weitzman
Mylan Denerstein
Amer S. Ahmed
200 Park Avenue
New York, New York 10166
T: (212) 351-4000
F: (212) 351-4035
Attorneys for Plaintiff Louis Bacon
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Bacon v. Nygard

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Bacon v. Nygard

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FILED: NEW YORK COUNTY CLERK 03/07/2016 08:43 PM

NYSCEF DOC. NO. 297

INDEX NO. 150400/2015

SUPREME COURT OF THE STATE OF NEW YORK

Plaintiff Louis Bacon ............................................................................................ 14

Defendant Nygrd International ........................................................................... 16

Defendant Nygrd Inc. .......................................................................................... 17

Peter Nygrd ......................................................................................................... 17

Does 1-20 .............................................................................................................. 18

FACTUAL BACKGROUND ....................................................................................................... 19

The Origins of the Harassment Campaign ........................................................................ 19

Early 2010: Nygrd Turns on His Neighbor ........................................................ 19

The Canadian Broadcasting Company Documentary and Forbes

The Building Permit Denial ...................................................................... 20

2010 to Present: Nygrd Launches the Harassment Campaign ........................... 22

The Daily Mail Article .............................................................................. 23

The Harassment Campaign Broadens ....................................................... 23

The Means and Methods of the Harassment Campaign ................................................... 24

The Nygrd Companies ........................................................................................ 24

The Harassment Campaigns Outlets Reach Audiences in New York and

Newspapers and News Websites .............................................................. 29

Attack Websites ........................................................................................ 31

Anonymous Emails ................................................................................... 34

The Lies at the Heart of the Harassment Campaign ......................................................... 35

False Accusations of Insider Trading Charges ......................................... 35

False Accusations of KKK Membership .................................................. 37

False Accusations of Murder .................................................................... 39

False Accusations of Bribery .................................................................... 41

False Accusations of Weapons, Narcotics, and Contraband

False Accusations of Arson ...................................................................... 45

The Threatening, Intimidating, and Violent Elements of the Nygrd Defendants

Point House Raid .................................................................................................. 46

Attacks on Mr. Bacons Bahamian Counsel ......................................................... 47

Staged Hate Rallies ............................................................................................... 49

Acts of Wanton Destruction and Vandalism of Mr. Bacons Property ............................ 54

The Filing of Vexatious and Frivolous Lawsuits.............................................................. 56

Sherman Browns Efforts to Obstruct Discovery of the Harassment

Michael Rolle and Jason Graham ............................................................. 62

Rolle and Graham Implicate Sherman Brown .......................................... 62

Sherman Browns Lies .............................................................................. 63

Earlin Williams Efforts to Obstruct Discovery of the Harassment

Phillippa Russells Efforts to Obstruct Discovery of the Harassment

Nygrds Efforts to Obstruct Justice and Tamper with a Witness in the

Equitable Estoppel and Equitable Tolling ............................................................ 72

The Harassment Campaign Continues Unabated ............................................................. 73

FIRST CAUSE OF ACTION Intentional Infliction of Emotional Distress Against All

to conduct the Harassment Campaign, which include, among other acts:

engaging in repeated acts of wanton destruction of property and vandalism

instigating an unjustified and trumped-up police raid on Mr. Bacons

creating and distributing t-shirts, placards, and signs spreading malicious

Bacon is a prominent businessman and an internationally recognized environmental

The Harassment Campaign is systematic, reprehensible, and outrageous. This

In furtherance of the Harassment Campaign, the Nygrd Defendants caused the

malicious publication of the following reprehensible lies about Mr. Bacon:

He murdered multiple individuals who died under suspicious

He is a white supremacist and a member of the Ku Klux Klan (KKK),

He was charged by prosecutors and accused of criminal conspiracy in a

He smuggled narcotics, weapons, and other contraband in and out of the

He possessed terrorist weaponry (such as illegal speakers) that pose a

He committed arson of Nygrds residence; and

He has bribed Bahamian officials.

In furtherance of the Harassment Campaign, the Nygrd Defendants and their

In furtherance of the Harassment Campaign, Nygrd and other high-ranking

Attached as Appendix A is a chart containing articles, videos, and defamatory