Hadari Oshri loses anti-SLAPP court battle to award-winning news correspondent Aitana Vargas

aitanavargas
9 jul
5 min de lectura

Actualizado: 31 jul

By Investor News/Aitana Vargas

Story originally published in Investor News on September 15, 2021

NOTA EDITORIAL: Esta serie de investigación galardonada con un premio del LA Press Club en 2022 fue producida por Aitana Vargas para Investor News entre 2021 y 2026. A continuación reproducimos el trabajo original, acompañado de los documentos y las fotografías que forman parte del expediente. En las próximas semanas, iremos difundiendo las entregas completas, las cuales se divulgaron públicamente después de que la justicia de Los Ángeles desestimara intentos judiciales por parte de una de las presuntas implicadas, Hadari Oshri, de prohibir su publicación. Este trabajo está protegido por la Ley de Protección de Periodistas de California (Cal. Const. Art. I, *§ 2(b); California Evidence Code § 1070). La Cronista no renuncia a ningún privilegio o derecho al proceder a su difusión.***

AN IMPORTANT NOTE: On June 22, 2021, Hadari Oshri –Marc Lubaszka’s business partner– filed a frivolous civil harassment restraining order (CHRO) against me to stop the publication of my investigative series “A Special Report: The Harrowing Impunity of White-Collar crime,” and any subsequent installments or future media coverage. On August 3, 2021, I filed an anti-SLAPP motion to strike Oshri’s CHRO petition. In a hearing held on September 13, 2021, Los Angeles Superior Court Judge Doreen Boxer granted my anti-SLAPP motion and denied Oshri’s civil harassment petition for failure to sustain the applicable burden of proof. CA's powerful anti-SLAPP statute mandates that the losing party, in this case Oshri, pay the prevailing party's attorney’s fees. She also declined to go on a recorded interview or provide statements via email. And what follows are the next installments of my months-long investigative series whose publication Oshri desperately attempted yet failed to stop.

The Legal Journey: The Court Records & Legal Battles to Suppress this Investigation

In September 2021, Hadari Oshri lost anti-SLAPP motion to journalist Aitana Vargas. Oshri failed to suppress an investigative series on her alleged participation in a PPE scheme. — *In September 2021, Hadari Oshri lost legal case attempting to ban journalist Aitana Vargas from releasing her exposé on alleged PPE fraud during the pandemic.*

The Israeli entrepreneur will have to pay mandatory attorney’s fees to the LA-based news reporter

Los Angeles, CA – In a highly anticipated ruling, Commissioner Doreen Boxer granted journalist Aitana Vargas’s anti-SLAPP motion and dismissed Hadari Oshri’s petition for a civil harassment restraining order (CHRO) in a hearing held at the Los Angeles Superior Court this past Monday morning.

Before granting the award-winning news correspondent’s motion, Judge Boxer highlighted that Oshri had failed to provide any admissible “evidence” and pointed out that her petition was confusing, which included statements like:

“(Vargas) is digging in places that are not here !!” and “A quick look on here very recent Facebook page posting can be an avoidance for here thought process and here urgency.”

In an attempt to influence the outcome of the ruling, a nervous and agitated Oshri also interrupted the hearing several times by raising her hand, approaching and whispering in her attorney’s ear. The judge called out Oshri on her inappropriate court behavior and offered her a recess, which the entrepreneur agreed to. By then, Oshri’s fate was already sealed.

Oshri has gone to great lengths in a failed attempt to silence her victims by filing frivolous lawsuits or legal relief against those who know of her actions and her business partnership with conman Marc Lubaszka.

The Israeli, former CEO of defunct fashion company Xehar, Inc. and current Managing Director of Trade Safe Pro, LLC, filed for injunctive relief against the news reporter on June 22, 2021.

Hadari Oshri makes false allegations and wastes court’s time with poorly-written petition

In her poorly-written initial petition, Oshri demanded that Vargas cease writing stories about her, referred to the Columbia University graduate as “Mis Vergas,” called her both a “corrupted journalist” and a “very dangerous woman” without any basis, and equated news gathering and news reporting –protected activities– to harassment.

In what could be construed as a sensationalist and unconstitutional way of describing news reporting, Oshri’s attorneys also stated that Vargas had “weaponized” journalism. Go figure where they got that from. But here’s a little lecture on First Amendment Rights. Thank Cornell Law School for that.

Hadari Oshri used the courts as a pre-emptive measure to stop the complete publication of “A Special Report: The Harrowing Impunity of White- Collar Crime”

Oshri’s CHRO request came shortly after Vargas had released the first part of her investigative series entitled “A Special Report: The Harrowing Impunity of White- Collar Crime.” The story, published on this outlet on May 30, 2021, exposed an investment gold coin scam led by Oshri’s business partner, LA-based entrepreneur Marc Lubaszka, who has been investigated by the FBI and owes nearly $2M to former investors, including disabled veteran Steve Gern, David Coonrod, Leslie Lawson, Jeroldine Clark and tens of others.

In her extensive and meticulously-researched piece, Vargas also announced that subsequent installments of her investigative series would detail Oshri’s participation in a joint PPE scheme with Lubaszka, who owns private jet company Fly Private X. The company site went “under construction” following the release of part one of the series.

Marc Lubaszka formed Fly Private X in 2019. The company site went under construction following the release of “A Special Report: The Harrowing Impunity of White-Collar Crime.” Lubaszka partnered with Hadari Oshri in business projects. — *Marc Lubaszka formed Fly Private X in 2019. The company site went under construction following the release of “A Special Report: The Harrowing Impunity of White-Collar Crime.”*

California’s powerful anti-SLAPP statute weeds out frivolous claims arising from a defendant’s free speech

With some of the strongest anti-SLAPP legislation in the country, California allows a defendant being targeted for exercising freedom of speech rights or the right to petition to file a special motion to strike. The statute also entitles the prevailing defendant to a mandatory award of attorney’s fees, which Vargas will now seek following the successful anti-SLAPP ruling.

Vargas’s complete investigative series will expose Hadari Oshri’s participation in a PPE scheme

Vargas’s complete investigative series on the PPE scheme led by Hadari Oshri and Marc Lubaszka will be published on this outlet in the next weeks.

Oshri is not new to the legal system. She has faced multiple legal challenges in the past and former associates who have obtained judgments against her are still trying to collect payments. In 2019, Dan Weber filed a small claims court case against her. The case was never heard because he was allegedly unable to serve legal documents on her, but they decided to strike a deal, and she still has not paid off the debt. Oshri was also named as a defendant in a personal injury case filed in Los Angeles in 2020 even though she repeatedly denied it during her anti-SLAPP court battle against Vargas.

Court records show multiple cases filed against entrepreneur Hadari Oshri and her failed fashion fairy company, Xehar. — *Court records show legal cases against entrepreneur Hadari Oshri and her failed fashion fairy company: Xehar*

The award-winning news correspondent is represented by civil attorney and US veteran Michael Creamer, with offices in Orange County.

Hadari Oshri is represented by criminal defense attorneys Veronica T. Baron and Paul Adkins, with offices across Los Angeles and Orange County.

*Read the Minute Order of the CHRO ruling here. Read the Minute Order of the anti-SLAPP legal win against Hadari Oshri here.

**If you’d like to share your testimony or story, please contact the reporter at aitana_investigations@protonmail.com or connect with her on Facebook. All emails are checked for legitimacy, spam and viruses and deleted when suspicious malware is detected.

***Since Hadari Oshri filed a meritless case against Investor News contributor Aitana Vargas and had previously declined to provide written comments or go on a recorded interview, it is our policy not to seek further comments from the entrepreneur. Oshri is always welcome to reach out and agree to the proposed interview terms. The same policy applies to her former Counsel, John Tamborelli, Lubaszka and Patrick Seller.

****Some relevant documents and screenshots about this series are available at archive.org. This story is being updated as more information becomes available.

*****Story originally published in Investor News on September 15, 2021. Pinche aquí para leer el reportaje original en Investor News, un medio aliado a La Cronista. Lea Parte 1, Parte 2, Parte 3, Parte 4, Parte 5, Parte 6, Parte 7, Parte 8 & Parte 9.