The Hacking Lawsuit Looming Over Truth Social

Then, according to the Florida suit, Swider used Orlando’s stolen Mailchimp account credentials and listserv to send an email to ARC II investors in the Truth Social deal on March 5, attacking Orlando’s management of ARC II and DWAC, and his involvement in a separate lawsuit filed against DWAC the previous month.

“Mr. Orlando’s leadership has guided our common interests with DWAC directly into the arms of the SEC, the DOJ, lengthy delays and costly investigations,” Swider wrote. “By filing this lawsuit against DWAC, Mr. Orlando is destroying the value that may be realized upon consummation of the business combination by the Company and its members.”

Swider then invited fellow investors to join him on a series of Zoom calls to “understand our risk exposure based on leadership that continues to march us down a path of mis-information, hidden information, and self dealing.” In the same email cited in court documents, Swider added, “I am not disparaging Patrick. I am sure he is an amazing Human being, Honest, hard working. Looking out for your best interest. He is good looking. He is cool. I like him. Nothing in this email is meant to be defamatory. He has been great as a leader. Patrick- you are Awesome!!”

In the Florida lawsuit, Benessere alleges that Swider tried to take control of the two companies involved in funding the Truth Social Deal. “And to gain control of ARC II and complete his takeover of the entire DWAC enterprise, Swider sought to obtain confidential information about ARC II and its investors, which information was held by Benessere in a protected electronic storage account at Box.com,” the lawsuit alleges.

Benessere says in its lawsuit that it has paid $6,000 to a computer forensics expert to investigate the alleged hack, and that Swider and Cano haven’t relinquished access to the Box account.

Cano is also named as a defendant in the lawsuit. The suit claims that Swider “promised” Cano the role of DWAC president and “outsized” compensation following Cano’s participation in accessing Orlando’s Box account. Cano eventually did become president of DWAC. When asked for comment, Cano referred WIRED to Eric Swider.

In an interview with WIRED, Swider denied all of the allegations in the lawsuit and said that publicly available documents filed with the Securities and Exchange Commission contradict many of its claims. Swider said that he never hired Cano as his assistant and that Orlando voted in favor of the compensation that Cano received.

“I just think he’s never let go [of] the fact that I replaced him,” Swider tells WIRED. “I don’t know why it offends him so bad.”

The Benessere Investment Group’s lawsuit marks what appears to be a bitter falling out between Orlando and Swider, who were business partners for years. Swider was formerly a director at Benessere, according to his LinkedIn profile.

In addition to this suit and Orlando’s separate suit in Delaware, in which ARC II is contending it should receive more stock as part of the Truth Social deal, there are several other lawsuits associated with the nascent company. Early Trump Media employees Wess Moss and Andy Litinsky recently sued the company in Delaware court, saying the company was diluting its shares. Shortly after, Trump Media countersued Moss and Litinsky in Florida court, alleging their poor management delayed the deal.

Orlando is also currently facing yet another lawsuit brought by DWAC. That suit, which was filed in March, claims that Orlando intentionally delayed the Truth Social deal and, as a result, should have his shares reduced.

Benessere Group and Orlando didn’t respond to a request for comment. Swider, Cano, and Renatus Advisors, Swider’s advisory company that is also named as a defendant, have yet to respond to the lawsuit in court.