Dallas-based real estate investment firm S2 Capital has taken legal action against an individual the company claims defamed the firm and its founder and CEO Scott Everett.
The lawsuit, filed in the United States District Court, Northern District of Texas, centers around a series of posts the company says were made by Jakub Kostecki under the pseudonym "LPWhisperer" on social media platform X (formerly Twitter).
Another Dallas real estate investment company, Fort Capital, announced last week that the Federal Bureau of Investigation is investigating the same person, Jakub Kostecki, for using the same alias to demand cryptocurrency payments in return for ending his negative posting about the company.
The newest complaint by S2 alleges that Kostecki used the alias to repeatedly post false and defamatory statements about S2 Capital and Everett. The statements, according to the complaint, were intended to harm the reputations of Everett and his company.
The posts referred to Everett as a "scammer," compared him to notorious fraudster Bernie Madoff, and accused him of engaging in fraudulent business practices.
S2 Capital and Everett's legal team argues that the statements are false and have caused harm to Everett’s and the company's relationships with investors and business operations.
The lawsuit asserts that Kostecki's statements are defamatory per se under Texas and Colorado law. This means that the statements are so egregious that they are presumed to cause harm to Everett and S2 Capital's reputation without the need for additional proof of damage.
The complaint also alleges that by posting pictures of Everett's family and home alongside defamatory statements, Kostecki sought to inflict emotional harm.
The filing suggests that Kostecki may have conspired with others, including his own family members, to defame Everett and S2 Capital for personal financial gain. Evidence presented in the filing indicates that Kostecki demanded payment for confidential information related to S2 Capital, directing the funds to his son’s bank account.
S2 Capital and Everett are demanding that Kostecki delete all of the posts related to S2 Capital and Scott Everett and refrain from making any further statements about them. The plaintiffs are seeking unspecified compensatory and punitive damages.
Jakub Kostecki, the defendant in the case, has a controversial history that adds context to the current legal battle. According to several reports and legal documents, Kostecki has a criminal record in Poland, where he is wanted on an arrest warrant for tax evasion and other offenses. His business activities have also been marred by allegations of fraud and misconduct.
The legal filing references Kostecki’s string of failed businesses and accusations of cheating entrepreneurs, primarily through promises to help them enter the U.S. market.
In one notable instance, Kostecki allegedly demanded advance payments from start-up founders for services he never delivered, according to the legal filing. The filing claims that when the entrepreneurs sought refunds, Kostecki threatened them with legal actions, including the seizure of their intellectual property.
S2 Capital and Everett are represented by Thomas A. Clare, P.C., and David Sillers of Clare Locke LLP