MarketCounsel ambushed by hackers and online haters after Trump 'threat' by Jim Pavia -- mistakenly identified as an employee -- gets firm drawn into a right-wing whirlwind

MarketCounsel, a well-known financial firm with no political leanings, was stormed online last night by an onslaught of hackers and right-wing haters, in a bizarre case of mistaken identity.  

Brian Hamburger, owner of the New York City compliance firm, told RIABiz in an interview he was jolted by the attack and traced it to online comments by former InvestmentNews editor Jim Pavia, who had written MarketCounsel hired him on LinkedIn in June.  He never became an employee.

According to a since deleted Facebook post, Pavia remarked: “I wonder how right-wing, pro-Trump activist Charlie Kirk, who has opposed gun control measures and is a promient voice in the pro-gun movement, feels about guns now. ”

“He's dead,” an acquaintance responded.

"Now, onto the orange stain!" Pavia answered back.

Ryan Fournier, a Trump acolyte whose profile photo includes Trump, wrote on Facebook that Pavia's comments were “a clear call for President Trump’s assassination.”  Fournier heads an organization called “Students for Trump,” even though he is 29-years-old and has checkered past, including run-ins with the law. 

“This is who CNBC had as a senior editor and who MarketCounsel Consulting just hired as their new managing director of communications,” he added in his Facebook post along with a detailed collage of Pavia and his posts. 

After that all hell broke lose for Hamburger in what has become a cautionary tale about how potentially defamatory online misinformation can lead to serious consequences for a company, a brand and individuals in today's overheated political climate. 

 Mistaken identity

Hamburger told RIABiz he stirred awake at about 1:30 a.m. and for no particular reason checked his social media site, only to discover it overwhelmed by hate messages. Later today his website was the subject of two domestic attacks – the first two from within this country he has ever withstood.

“I heard from Microsoft asking why [hackers are trying] to infiltrate our network,” he said. 

As it turns out, Pavia never worked a day at MarketCounsel, but had posted on LinkedIn in June about leaving CNBC to work as MarketCounsel's director of communications. 

Pavia, who did not respond to RIABiz requests for comment, has apparently deleted his “X” social media account, but his personal Facebook page is still active. 

In the intro, he lists himself as a “Retired journalist,” but he is still listed on the CNBC website as senior editor, personal finance. 

Hamburger says Fournier or his associates neither fact checked nor reached out for comment about the Pavia's claimed MarketCounsel employment “Nobody called me.”

MarketCounsel's PR counsel, Ray Hennessey, CEO of Vocatus, a communications and marketing firm, reached out to Fournier to call attention to the error but has not heard back and the error has yet to be corrected online. 

RIABiz made two attempts, by phone and email, to reach Fournier including to an email associated with him: students@students4trump.com. It bounced back.

Holding steady

Fournier kept up his attack on MarketCounsel with a post on Elon Musk's social media site “X” with a suggestive all-caps taunt: “ANYONE KNOW @MARKETCOUNSEL’S CLIENT LIST?”  His profile claims 1.2 million followers. 

He also posted MarketCounsel's Facebook page address on his page.  In comments, his followers blamed Obama and Bruce Springsteen for the controversy. Pavia is a self-professed Springsteen fan. 

One response, indicative of the tone, asserted that MarketCounsel should fire Pavia anyway.

MarketCounsel posted a tweet in response explaining that Pavia was not associated with the firm – and got 50,000-plus responses, mostly full of ill will.

Hamburger says he has not lost any clients or friends nor does he think he will. He says the lasting damage will be when prospects Google his firm and see all the vitriol and negativity directed to him.

Hamburger advised his staff not to try to enter the online fray to set the record straight fearing it could make matters worse for them personally.

“I think [the comments on the Pavia Facebook page regarding Trump and Kirk]  are reprehensible. I really do,” he says “It's the antithesis of who we are.”

Asked if he's considering legal action for the alleged defamation, Hamburger replies: “It's a larger assault than on any legal rights. It's an assault on truth.”

Checkered past

Fournier and John Lambert launched Students for Trump in 2015 as a Twitter account while they were studying at Campbell University in Buies Creek, NC. Within a year, the group had nearly 300 campus chapters and a large social media following.

But Lambert ran afoul of the law when he was accused of setting up a fictional New York City law firm, which scammed consumers and businesses out of more than $46,000, according to media reports. Lambert's lawyer alleged that Fournier was involved in the scheme. He said Lambert and Fournier used various gig sites to market themselves as licensed attorneys. 

Fournier testifed against Lambert at trial and was not charged in the case. Lambert was convicted and sentenced to 13 months in jail. 

In 2019, Charlie Kirk, founder and CEO of Turning Point USA and Turning Point Action, acquired Students for Trump through his group.

Still controversial

Since then, Fournier, who bills himself as an experienced political commentator and strategist, has largely been an online presence. He has been fact-checked by media outlets such as the Associated Press and Politifact for posting false claims online regarding Black Lives Matter and the Biden administration's handling of COVID vaccines.  

In Nov. 2023, Fournier was charged with misdemeanor assault  for allegedly grabbing his girlfriend's “right arm and striking her in the forehead” with a handgun, according to an order issued by a magistrate in Johnston County, N.C. The woman, who received ”minor injuries" voluntarily withdrew the charge a month later without explanation. 

In January, Fournier became embroiled in a crypto controversy when he was accused of “rugging” the $TikTok memecoin he'd created with a partner. The term means he pulled out his holdings as soon as the coin soared in value and then began collapsing. 

He promoted the memecoin on his “X” account and it “soared” to $80 million in market cap, before his partner began dumping it, according to BSC News, which follows he market.

Fournier said he was scammed by his partner and blamed the situation on his lack of experience with crypto, although some reports said he ended up with $19 million. 

Collateral damage

Hamburger wryly quips that one lesson he learned is that if you wake up at 1:30 am, don't check your social media accounts. 

This morning he saw all the activity related to the Pavia account posts during a moment of insomnia and was not able to go back to sleep. The distraction has also meant that his workday was severely disrupted.

He adds that he was already deeply disturbed by the Kirk assassination before becoming collateral damage of the online explosion.

The video that shows Kirk being struck by the bullet on stage had a huge effect on Hamburger.

“I feel like I lost a part of my soul by seeing it.”