Alex Popovic Vs Chris Mark

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB
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Geoffrey S. Kercsmar (#020528)

Julia A. Guinane (#026554)
KERCSMAR & FELTUS PLLC
7150 East Camelback Road, Suite 285
Scottsdale, Arizona 85251
Telephone: (480) 421-1001
Facsimile: (480) 421-1002
gsk@kflawaz.com
jag@kflawaz.com
Attorneys for Plaintiff
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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
Kercsmar & Feltus PLLC

(480) 421-1001
IN AND FOR THE COUNTY OF MARICOPA
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ALEKSANDAR POPOVIC, an
individual,
Plaintiff,
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No.
VERIFIED COMPLAINT
(Breach of Contract)
v.
CHRISTOPHER MARK, individually
and on behalf of CHRISTOPHER MARK
AND HEATHER MARK, husband and
wife,
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Defendant.
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Plaintiff Aleksandar Popovic (Popovic or Plaintiff) for his Verified Complaint

alleges as follows:
PARTIES, JURISDICTION, AND VENUE
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1.
Aleksandar Popovic is an individual living in the State of Arizona.
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2.
Defendant Chris Mark is an individual living in the State of Utah. On
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information and belief, Mark is married to Heather Mark, and at all relevant time
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described in this Verified Complaint was acting for the benefit of the marital community.
3.
from which this matter arose. The acts and events giving rise to Plaintiffs claims are
based primarily upon conduct that occurred in Maricopa County, Arizona. Accordingly,
this Court has jurisdiction over this matter pursuant to A.R.S. 12123 and venue is
proper pursuant to A.R.S. 12401.

NATURE OF ACTION
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(480) 421-1001
Defendant has caused acts or events to occur in Maricopa County, Arizona
4.
These parties know each other well. Indeed, after serving together in the
Marine Corps, Defendant Christopher Mark (Mark) was hired to be the Chief
Intelligence Officer for Greyside Group, Inc. (Greyside), a company that was founded
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and run by Plaintiff Aleksandar Popovic. As the CIO, Mark had constant access to
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Greysides email accounts and servers before and during his employment with Greyside
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Group.
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5.
Soon after Mark joined Greyside, a dispute erupted between Popovic and a
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minority investor. Mark quickly sided with the investor, and Popovic was locked out of
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the servers and his work email account. Popovic and Greyside were forced to file suit
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against Mark and several others at the company for their actions in attempting to seize
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control of Greyside through its servers and bank accounts with the intent of completing a
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hostile takeover with the minority investor.
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6.
After several months of litigation, the parties reached a written settlement and
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agreed, among other things, to not disparage one another. Popovic has followed the
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settlement agreement and refrained from even mentioning Mark in public.
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But Mark cannot seem to move on. Mark has resorted to harassing and
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troublesome actions, attempting to hound Popovic with claims of stolen valor intended
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to keep Popovic from earning a living. Mark has set up links on his personal blog that
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disparage Popovic and paint Popovic in a bad light, directly affecting Popovics business
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as a real estate agent. Ironically, much of the negative information attributed to Popovic
was actually created by Mark while he was working at Greyside, after which Mark
hacked Popovics email account and then disseminated the contrived information to the
minority investor via email.
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Popovic merely wants to move on with his life and earn a living, but Mark
cannot seem to leave Popovic alone. This lawsuit is to stop Marks offensive behavior
and to compensate Popovic for the damage Mark has done to Popovics reputation and
business to date.
GENERAL ALLEGATIONS

(480) 421-1001
9.
Popovic served in the Unites States Marine Corps as a Force Reconnaissance
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Marine and Marine Scout/Sniper. He was twice discharged honorably and was recalled to
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active duty after 9-11, with combat experience. Popovic is also a service-connected
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disabled veteran. (Because of this, Greyside qualified as a Service Disabled Veteran
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Owned Business.)
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10.
Mark also served in the United States Marine Corps. From 1995 until 1998, he
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and Popovic served together in 3rd Force Reconnaissance Company and became well-
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acquainted.
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11. After leaving the Marine Corps, Mark became an officer in the US Navy and
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failed to finish SEAL training or BUD/s; he left soon thereafter and pursued roles in
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computer sciences and international cybersecurity.
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12. Popovic, on the other hand, pursued various jobs after leaving the Marine
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Corps in 2005. He worked as a private defense contractor in Iraq, served as a police
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officer in Las Vegas, bought and sold restaurant franchises in Nevada, and worked as a
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consultant for the United States Government holding some of the highest security
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clearances.
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13. But after sustaining a serious injury as a result of instability in Iraq, Popovic
decided to begin a maritime security company, focused on the international shipping
market. To do this, in 2003, Popovic formed Greyside out of his home in Arizona.
The Greyside Litigation

(480) 421-1001
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14. From 2003 to 2012, Popovic was the majority owner of Greyside. Starting
from nothing, Greyside grew into an international company that provided high-risk
security assignments in hostile environments throughout the world. Greysides operations
had a world-wide scope, but the company continued to run primarily out of Arizona,
where Popovic resides.
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15. Greyside was not a financial success immediately, and for several years
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Popovic was unable to pay himself. The company survived only because of Popovics
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commitment to building the company through hard work and his knowledge of
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international security operations.
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16. Eventually, Greyside began growing as it built a client base with shippers like
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NSB Shipping, Laeisz Shipping and ST Shipping, a subsidiary of Glencore. In order to
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meet their demands for security teams, Greyside needed capital. So in 2010, Popovic met
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with several potential investors.
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17. Popovic eventually settled on an investor in California, who purchased a
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minority position in Greyside for two million dollars in April 2011. Prior to the
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investment, Popovic was thoroughly vetted over several months by the investor and his
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attorneys, including Popovics military and civilian background.
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18. Shortly thereafter, Popovic hired Mark to be the Chief Intelligence Officer of
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Greyside. Mark lived in Utah throughout his employment but was well aware that
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Popovic and Greyside conducted business primarily from its Arizona location.
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19. In fact, Mark visited Popovics Arizona residence several times to install
modems and set up the company intranet and encrypted email services. As CIO, Mark
was granted unfettered access to the entire companys email, including Popovics.
20. But Popovics relationship with his investors soured. A few months after Mark
joined Greyside, the minority investor attempted a hostile takeover of Greyside and its
affiliated entities.

(480) 421-1001
21. Mark helped facilitate the hostile takeover, providing both technical and
informational assistance to the investor.
22. As Chief Intelligence Officer of the company, Mark had access to Greysides
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and Popovics internet hosting company. When the dispute began in November 2011,
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Mark immediately changed Greysides username and passwordgiving him access to
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the companys server, website, and emails, and denying the same to Popovic and the
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companys other executives.
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23. Marks actions in locking Popovic and the companys loyal executives out of
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the servers and email had the direct result of stranding numerous company employees
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(i.e., ex-military personnel) in High Risk Areas throughout the world, with no support
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and with no way home.
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24. Unbeknownst to Popovic, Mark had engaged in similar conduct in the past
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with a prior company, The Aegenis Group, Inc. (Aegenis). Marks wrongful conduct in
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that case resulted in a judgment against Mark and his wife in the amount of $183,334.80
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in the State of Utah, which was entered just months before Mark began assisting in the
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attempted ouster of Popovic from Greyside. See Judgment and Order Requiring Payment
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of Attorneys Fees and Costs (the Judgment), attached hereto as Exhibit A.
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25. In the Judgment, the court found that Mark had dissipated the corporate assets
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of Aegenis without authorization, and had acted in an overly aggressive manner and in
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bad faith towards Aegeniss other owner. See Judgment, Ex. A., at 20-22.

(480) 421-1001
26. Mark never disclosed the Judgment to Popovic or Greyside, but upon
information and belief, it was this Judgment that prompted Mark to attempt to oust
Popovic and usurp his role (and salary) at Greyside.
27. On November 13, 2011, Popovic filed a lawsuit in the United States District
Court for the District of Arizona against Mark, the minority investor and others for
(among many other acts) Marks unlawful actions in hijacking the companys servers,
contacting Greyside customers and disparaging Popovics character, and questioning
Popovics ability and right to manage Greyside.
28. During the lawsuit, a chief contention of Mark and his co-defendants was that
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Popovic had misrepresented his military experience in a bio prepared for the Greyside
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website.
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29. But this contention is patently false. In fact Greyside never listed any
biographical information for any of its officers or employees on the Greyside website.
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30. On or about January 23, 2012, Popovic, Mark and others entered into a non-
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confidential Settlement Agreement and Mutual Release (the Agreement), attached
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hereto as Exhibit B.
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31. By its terms, the Agreement is interpreted, enforced and governed by Delaware
law. See Agreement, Ex. B, at pg. 8, Section 18.
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32. The parties to the Agreement, including Mark, also agreed to ongoing personal
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jurisdiction in Arizona (and, to the extent possible, subject matter jurisdiction in the
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United States District Court for the District of Arizona). See Agreement, Ex. B, at pg. 5,
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Section 7.
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33. Pursuant to Section 8 of the Agreement, Popovic and Mark agreed that they
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would not disseminate or publish via website (including metadata and meta-tagging),
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blog post, Facebook, Twitter, newsletter, billboard, press release, or similar broadly and
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publicly available means of communication, any negative statements identifying (by

(480) 421-1001
name, initials or regularly used nicknames including Pop and BJ) the other
individual(s). Agreement, Ex. B, at pg. 5, Section 8.
34. Months after the Agreement was signed, Popovic learned more information
about how his inaccurate bio came to light in the litigation: upon information and belief,
Markor someone authorized by Mark via Popovics emailhad sent the bio to the
minority investor by improperly accessing Popovics email and causing the bio to be
emailed out from the company.
35. Upon information and belief, Mark did this in order to convince Greysides
minority investorwho happened to be close friends with Markto oust Popovic as
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CEO and replace him with Mark.
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36. Significantly, the email attaching the false bio was sent after Popovic had
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already been thoroughly vetted by the investor and his attorneys through a complete
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military and criminal background check and after the investor agreed to invest up to $2
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million into Greyside.
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Less than ninety days after this email was sent, the minority investorwith
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Marks significant assistancelocked Popovic out of the companys server, email and
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bank accounts, leading to the fracture within the company and the litigation.
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The litigation ultimately led to the demise of Greyside, as the company was
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unable to recover from the expense and negative publicity caused by the struggle for
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control and the resulting litigation.
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After Greyside
39. In 2013, as Greysides business wound down, Popovic decided to change
careers and become a real estate agent in the Phoenix metropolitan area.
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40. Because of his experiences in the Marine Corps, Popovic has focused his real
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estate practice on serving the military and veteran community in Maricopa County,
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Arizona. Popovic calls his services Semper Find My Home.
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(480) 421-1001
41. In 2013-14, Popovic was the listing agent for a number of homes, including
three multimillion-dollar condos located in Tempe.
42. But Popovics business has not been an overwhelming success. Many
prospective clients have ultimately decided to use other agents.
43. Popovic believes that ongoing negative publicity about him has tarnished his
reputation in both the Phoenix real estate and veteran communities. Despite the
prohibitions in the Agreement, Mark is the source of a large portion of that negative
publicity.
44. Mark and his wife, Dr. Heather Mark, manage and operate a blog called
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Global Security, Privacy, & Risk Management. The blog is located at
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www.globalriskinfo.com.
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45. Mark is clearly still hung up on his dispute with Popovic because the
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homepage of Marks blogseen by every one of his sites visitorsincludes a number
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of links, including a link to GSG Settles with Mark, which links to the redacted
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Agreement.
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46. Directly below GSG Settles with Mark is a link to a webpage titled Alex
Popovic Subway sandwich shop commando at www.thisainthell.us/blog/?p=30376.
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47. The article on this webpage, Alex Popovic Subway sandwich shop
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commando, has many negative comments about Popovic within it, and the webpage has
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several additional negative comments posted about Popovic.
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48. Marks link is dated June 13, 2012 and names and disparages Popovic again,
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this time claiming Popovic falsified his military credentialwhich came to light
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miraculously only five months after Defendants settled with Popovic and Greyside.
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49. The post on Marks link is filed under the category Phony soldiers.
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(480) 421-1001
50. The webpage on Marks blog has been shared on Facebook over 100 times and
contains over 500 user comments. The user comments are frequently harassing and
threatening, and some reveal personal information about Popovic.
51. Popovic has been the target of harassment arising from the allegations of
stolen valor, many of which originate from Marks publicizing of the Subway Shop
Commando link.
52. In September 2013, Popovics designated broker began receiving comments on
her personal website about Popovic, and frequent phone calls at all times of the day and
night. She also received numerous inquiries about Popovics character, specifically
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inquiring about Popovics military experience and stating that Popovic had lied about his
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service record.
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53. Four months later, as a result of the ongoing harassment and continuous
problems this caused in the office, Popovic was advised to find a new brokerage.
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54. Although Popovic quickly did so, the harassment continued. In April 2014,
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Popovic was the listing agent for three properties located at 140 E. Rio Salado Parkway,
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#1202, #1205 and #709, Tempe, Arizona 85281.
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55. As a result of the harassment, in approximately July 2014, Popovics broker
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pulled Popovic as the listing agent on the three Tempe properties, which were then some
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of the most exclusive penthouses in Maricopa County. This led directly to the loss of the
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sales commission on the property, which would have been 3% of the asking price of
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$7,568,000, or $227,040.
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56. Popovic was forced to leave the second brokerage in November 2014 and
joined his current brokerage.
57. The allegations of stolen valor continue to this day, spurred on by Marks
blog and the link on his homepage.
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58. Indeed, as soon as Popovic joined a new brokerage, the brokerages contact
page received a publically posted comment that directly referenced the Subway Shop
Commando link. It stated, Popovic the conman Clown. Pretend war hero and joke of a
person. Ask him about all his combat missions. Or just Google Subway commando.
Who how many people he's ripped off. (Emphasis added.) In addition, this posting came
from a dedicated email address, alexisanass@youknowit.com, suggesting it may have
been made by Mark or someone at Marks behest.

(480) 421-1001
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59. And when the brokerage created a new website, it immediately received
another
public
posting
stating,
Alex
is
liar.
See
60. Popovic has also lost valuable roles on political campaigns, which would have
enhanced the visibility of his businesses, because of the links on Marks blog.
61. Until Mark removes the links from his blog, Popovic will continue to be
harmed by false allegations of stolen valor, in violation of the parties Agreement.
COUNT I
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(Breach of Contract)
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and
http://www.uniqueluxuryestates.com/#!contact-us/csxp.
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fraud
62. Plaintiff realleges and incorporates by reference all the foregoing allegations as
though set forth fully here.
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63. On or about January 23, 2012, Plaintiff and Mark entered into the Agreement.
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64. Mark has materially breached the Agreement by, among other things, posting
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disparaging and negative statements about Popovic on his blog and directing users of his
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blog to disparaging and negative information about Popovic.
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65. As a direct approximate cause thereof, Popovic has sustained and will continue
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to sustain damages in the form of reduced business and commissions, plus accrued and
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accruing interest, charges, attorneys fees and costs.
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66. Because this matter arises out of contract, Plaintiff is entitled to his reasonable
costs and attorneys fees, with interest on all such fees and costs at the rate of ten percent
(10%) per annum pursuant to A.R.S. 44-1204(a), from the date of judgment until paid
in full. A.R.S. 12-341 and 12-341.01.
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(480) 421-1001
WHEREFORE, Plaintiff Aleksandar Popovic prays for judgment against

Christopher Mark and Dr. Heather Mark as follows:
A.
For damages in an amount to be proven at trial, but not less than $227,040.00,
plus accrued and accruing interest thereon at the maximum rate allowed by law or
agreement from the earliest date allowed by law until paid;
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B.
For an order that Defendant Mark specifically perform under the Agreement
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and remove any links on his blog (and all other public media under Marks control) to
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disparaging information, commentary or content about Popovic;
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For all costs and attorneys fees, plus pre- and post-judgment interest thereon
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at the maximum rate permitted by law from the earliest date allowed by law until paid in
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full, pursuant to the parties agreements, A.R.S. 12-341 and 12-341.01; and,
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For such other and further relief as the Court may deem necessary, just and
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appropriate, including but not limited to post-judgment attorneys fees and costs for
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collection procedures.
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DATED this __ day of July, 2015.
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KERCSMAR & FELTUS PLLC
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By:
Geoffrey S. Kercsmar
Julia A. Guinane
Attorneys for Plaintiff
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DECLARATION
Aleksandar Popovic declares:
I have read the foregoing Verified Complaint, and know the contents thereof; that
the matters and things set forth therein are true to the best of my knowledge, except as to
those matters set forth upon information and belief and, as to those, I believe them to be
true.
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I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS

TRUE AND CORRECT.

(480) 421-1001
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EXECUTED on July ___, 2015.
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_______________________
Aleksandar Popovic
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Alex Popovic Vs Chris Mark

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Alex Popovic Vs Chris Mark

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DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

Geoffrey S. Kercsmar (#020528)

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

IN AND FOR THE COUNTY OF MARICOPA

Plaintiff Aleksandar Popovic (Popovic or Plaintiff) for his Verified Complaint

Aleksandar Popovic is an individual living in the State of Arizona.

Defendant Chris Mark is an individual living in the State of Utah. On

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

proper pursuant to A.R.S. 12401.

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

Defendant has caused acts or events to occur in Maricopa County, Arizona

hostile takeover with the minority investor.

settlement agreement and refrained from even mentioning Mark in public.

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

minority investor via email.

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

Popovic served in the Unites States Marine Corps as a Force Reconnaissance

disabled veteran. (Because of this, Greyside qualified as a Service Disabled Veteran

computer sciences and international cybersecurity.

Corps in 2005. He worked as a private defense contractor in Iraq, served as a police

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

decided to begin a maritime security company, focused on the international shipping

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

security assignments in hostile environments throughout the world. Greysides operations

where Popovic resides.

international security operations.

NSB Shipping, Laeisz Shipping and ST Shipping, a subsidiary of Glencore. In order to

with several potential investors.

17. Popovic eventually settled on an investor in California, who purchased a

attorneys, including Popovics military and civilian background.

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

Mark immediately changed Greysides username and passwordgiving him access to

companys other executives.

and with no way home.

of Attorneys Fees and Costs (the Judgment), attached hereto as Exhibit A.

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

Popovic and usurp his role (and salary) at Greyside.

contacting Greyside customers and disparaging Popovics character, and questioning

Popovics ability and right to manage Greyside.

confidential Settlement Agreement and Mutual Release (the Agreement), attached

publicly available means of communication, any negative statements identifying (by

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

individual(s). Agreement, Ex. B, at pg. 5, Section 8.

emailed out from the company.

minority investorwho happened to be close friends with Markto oust Popovic as

CEO and replace him with Mark.

million into Greyside.

control and the resulting litigation.

Arizona. Popovic calls his services Semper Find My Home.

DocuSign Envelope ID: 4B21CE30-1DAD-4585-A9D3-0FF7AB893DFB

Kercsmar & Feltus PLLC

7150 East Camelback Road, Suite 285

Global Security, Privacy, & Risk Management. The blog is located at