Thread by @JNandezPoker

This post is part 4 of my statement to set the record straight regarding my lawsuit vs
@UpswingPoker
and @DougPolkVids
You can read part 3 in the link below.

https://twitter.com/JNandezPoker/status/1650533725552410632

7. In a now deleted Twoplustwo post, Doug mentioned I had used a “loophole” to terminate the agreement.

This was a malicious lie that was then repeated by Upswing agents. Eventually, once the damage had been done, Doug agreed that the term “loophole” implied ambiguity and was not correct…in a reply to a comment on an unlisted YouTube video with much less reach.

Thomas Keeling also massively exaggerated the refunds Upswing incurred in.

8. On January 7, 2018, Doug sent an email to Upswing customers stating
“Fernando has decided to quit the PLO lab. He is going to be leaving Upswing in 90 days,
instead of fulfilling his promise and commitment to you as a PLO Lab member and to Upswing
to produce content for 18m.”

This is a falsehood considering I had fulfilled all of my contractual promises to Upswing regarding the terms of my agreement. The 90 day termination provision was part of the promise memorialized in the agreement.

It is a misrepresentation to make a promise, memorialize the promise in a written agreement, and then claim the other party to the agreement did not fulfill a promise when they followed the literal terms of the agreement containing said promises.

This is even worse considering Upswing repeatedly and publicly declared that I had produced superb content and had validly exercised his right to terminate the agreement.

9. On January 13, 2018, Polk posted a Youtube video with a doctored photograph depicting Fernando holding a large knife in one hand and a Machiavelli book in the other. On March 24, 2019, Polk published a comment on social media referring to me as “jscamdez”

implying my dishonesty even though Doug knew I had the explicit right to terminate my freelancer agreement.

This mischaracterization depicted me as dishonest when I acted in accordance with my business agreement with Upswing.

I did not scam Upswing or Doug Polk. Both of these instances happened during my contract period in the PLO Lab. In the end, I was awarded my contract counterclaim and damages.

10. Upswing published, on multiple occasions, that I abused elderly people. Specifically, Upswing owner, Ryan Fee, publicly wrote that I “also scammed a grandma.”

This lie concerns the scarves an ex-employee asked me to pay for the work performed by his mother. I have already publicly denounced my actions in this situation. I made a mistake by avoiding him out of anger given our falling out, obviously not because of the money amount.

Immediately after his post, I asked for him to ship me the merchandise so I could pay him. At that point, he refused to sell them to me and instead sold it to the PLO Matrix crew. The PLO Matrix asked Doug to reach out to them.

This issue was used as a pretext so Upswing could disparage me. Of course, Doug spinned the minor issue in the worst possible way, picturing the mom as an elderly grandma with arthritis issues.

11. Doug tweeted out to more than 100,000 of his followers “the Hamburgler strikes again”

Upswing depicted me as a thief, either without caring to check or ignoring that I had offered to pay for the merchandise once received.

The “again” reference means that Upswing was emphasizing I somehow stole from them or someone else before.

12. Upswing created a dedicated page on its website titled “Meet Fernando Habegger: The Dirty-Dealings of JNandez87”.

This website was up for around 2 years and was the #1 search result for my name on Google. The webpage provided false statements, for example, in reference to the contract, the webpage stated “Fernando broke his promise to both the Upswing team and his subscribers.”

It also repeated the false accusations and misrepresentations posted by my ex-collaborator in conjunction with Upswing’s Matt Colletta on a Twoplustwo post.

During the discovery process, Upswing sent us two Word documents titled “Fernando WIP” (Work in Progress) 1 and 2.

The 2nd document had been edited by or with the help from Upswingpoker's Matt Colletta to add keywords like “hypocrite”, “why we left”, “shady business dealings of Fernando Habegger”, “Fernando scammed us out of a promised 10% equity”, and del. the name of the PLO Matrix founder.

Also, interestingly missing from the Dirty Dealings page, that “my content had been created by a $0.05/$0.10 PLO hobbyist”.

All of these were lies or misrepresentations of what had happened, designed to destroy my reputation as I was now a business competitor and had hurt Upswing’s egos by publishing a responsive video where I stood up for myself, and said their numbers were wrong/they underpaid me.