Charles Carreon Tries To Intimidate Parodist With Bizarre List Of Demands Plus DMCA Takedown Threat
from the declaratory-judgment dept
Another day, another story about Charles Carreon digging himself a deeper and deeper hole. This time, it starts with him threatening to sue both the person who set up the parody site charles-carreon.com and Register.com, where the domain was registered. Register.com failed to live up to its own "privacy" promises regarding registration info, and exposed the name and personal info of the person who registered the site after receiving a letter from Carreon, despite direct promises to the person's lawyer. After another phone call in which the lawyer, Paul Levy, warned Register.com that it faced breach of contract charges, it made the info private again.However, Carreon continued to threaten the blogger, leading to a rather bizarre exchange between Carreon and Levy, which relates to some history that Carreon has had with Levy's organization, Public Citizen, and a case we wrote about last year, involving a website run by Carreon and his wife. In the end, the owner of charles-carreon.com felt sufficiently threatened by Carreon's claims that s/he has decided to file for declaratory judgment to stop Carreon from suing. Part of the reason for seeking declaratory judgment was Carreon's direct threat to go after the blogger at a later date in various jurisdictions. He also threatened to use the DMCA takedown process to try to censor the site, because it uses a photo he claims copyright over. There's significant irony in the fact that Carreon is now threatening to abuse the DMCA process to stifle speech -- when what kicked this whole thing off was his DMCA-based defense of Funnyjunk and its failure to remove copyright-covered images.
Carreon's threat-letter response to Levy is something to behold, and can be viewed towards the bottom of the filing (pdf and embedded below). Here's a key part:
As far as when and where I will sue your client, be certain that it will occur if your client does not cede the domain, and advise her of ten things:He goes on to chide Levy and Public Citizen for "leaping to the defense of someone who is in league with a person who has harnessed the lowest impulses of puerile, vituperative Internet youth to generate a Charitable Fund that has been used to bribe two major charities into tacitly endorsing a campaign that is utterly devoid of charitable purpose, and is a mere cover for a hate campaign."
- There there is essentially no statute of limitations on this claim, and the prima facie laches defense would not kick in for at least three years.
- That venue in this action can be validly laid in at least three places, maybe four, if she doesn't live in Arizona, Florida, or California.
- That I am capable of employing counsel to handle my claim against her, who will incur attorneys fees and seek recovery of the same. I filed pro se against Inman simply for sake of convenience and the need for speed, and not from a lack of resources.
- That the law in this area cannot be predicted with certainty, will evolve substantially over the next three years, during which I will be using digital forensics to establish actual trademark damages in addition to seeking the maximum cybersquatting penalty of $100,000.
- That a judgment that recites that the domain was obtained by fraud upon the registrar, in the form of a misrepresentation that she did not know of my trademark on the name, might well be non-dischargeable in bankruptcy.
- That a judgment can be renewed indefinitely until collected, and that California judgments accrue 10% interest, which can compound once ever ten years by capitalizing the accumulated interest.
- That you cannot guarantee that Public Citizen will provide her with free legal services on June 1, 2015, when I may very well send the process server 'round to her door.
- That I have the known capacity to litigate appeals for years (check my Westlaw profile, and of course, the drawn out history of Penguin v. American Buddha, now in its third year, having passed through the Second Circuit and the NYCA, and still hung up in personal jurisdiction in the SDNY).
- That the litigation, being of first impression in virtually every Circuit, grounded in a federal question, involving a registered trademark, and dispositive of many open issues in the field of Internet commerce and speech, might very well continue for a decade.
- That Public Citizen might well be unable and/or unwilling to provide her with representation until the resolution of such an extended course of litigation.
Uh, yeah. At best, this demonstrates that Carreon still has no clue about what's happening. He still thinks that there's some big campaign against him, and he's still lashing out without realizing that every time he does so he just draws more negative attention to himself. Most people tend to learn that when doing something makes the situation worse, they shouldn't keep doing it. Carreon seems unable to make that basic connection. The rather blatant threats against the blog owner -- to go after her in multiples jurisdictions and at a later date when Public Citizen might not be able to take her case -- are examples of the exact wrong way to handle something like this. It's an old-fashioned lawyer attitude: take an extreme position that you can back down from later. But in this case, it just seems to display -- quite vividly for the judge -- Carreon's true intentions: to be such a nuisance that people stop mocking him. One of these days, he may discover that each time he does that, he's only encouraging more and more ridicule.
Oh, and in the meantime, as for his attempt at getting a temporary restraining order to stop the money raised from being distributed, the judge has asked for proof that the charities have received the money -- as has been stated by IndieGoGo and Matthew Inman. If that is shown to be true, it seems likely that the judge will find no reason to consider the TRO request any more, since it's meaningless.
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Filed Under: charles carreon, dmca, matthew inman, paul alan levy, public citizen, streisand effect
Companies: funnyjunk, indiegogo
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If he bit off the bloggers ear ?
The guy is a savage !
Remind me never to cross him, I like my bum-hole the way it is.
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Re: If he bit off the bloggers ear ?
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Re: Re: If he bit off the bloggers ear ?
You mean puerile youth of the internet, right?
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I'll sue!
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Re: Re: Re: Re: Re: Re: Re: If he bit off the bloggers ear ?
I also own the rights to "The Mexicans stole my teeth! They tore the roof up while I was sleeping and stole them. Can't you smell the sound of them laughing at me?"
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Re: Re: If he bit off the bloggers ear ?
Carreon can't comprehend that in the internet age, if he is a major jerk, everyone sees. And when I say everyone, I mean everyone...I've noticed people bringing this up in conversation who normally don't spend much time on the internet. He is creating a giant asterisk by his name, which will follow him the rest of his life.
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I don't think he cares much about how people see him, tho.
The going after charities was a tell tale sign of how much he cares about negative PR. All he cares about is the Law and currently, how to use it to destroy Inman.
But really, we have seen this from lawyers before and we will see it again.
100% Legal injustice happens all the time.
People are acting like it's the first time ever it has been attempted or seen, they also think that public opinion will change case law.
As if lawyers ever only work for ethical and moral causes... ( are people that delusional )
I do question the injustice part of this case, a defamation case is just that, and I don't see the injustice if Inman has to pay funnyjunk $20,000, for calling them "theives". But then again, I never bought into the whole "good defenseless cartoonist" narrative to begin with.
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It appears he is more than willing to abuse the courts time in pursuing claims of questionable merit simply to attack people for having a bad opinion of him and his actions.
I look forward to the floor being mopped with him.
oh and because its been 14.5 minutes...
Christ what an asshole.
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Re:
> the Judge in his pending case in CA. It
> appears he is more than willing to abuse
> the courts time in pursuing claims of
> questionable merit simply to attack people
> for having a bad opinion of him and his
> actions.
I was going to say that this letter is pretty clear evidence of his intent to use matters of venue and manipulate the statute of limitations for no other reason than to creat hardship on the defendant. A big ethical no-no for lawyers.
Most of the time it's hard to prove, but this genius just handed the evidence over to opposing counsel on a silver platter.
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I just wanted to post that observation again...
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Wow...
Has he even heard of Jack Thompson? Maybe Carreon sees him as a role model to strive or surpass his legacy.
Actually, maybe that was his master plan all along: to become infamous and synonymous with "internet crackpot." I mean, he's already known as "Carreon the Critic" and the creator of the "Carreon Effect."
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Re: Wow...
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The heartless one has a point
I agree with this, (again... flame me for it please, I know you wanna)
Hate funnyjunk because of Inmans words... Donate to charity to make all defense of funnyjunk seem unethical....seems legit! (that's what happened)
Proof of the effects (self centered version):
If I make ANY negative comment about Inman, the supporters come out in angry defense mode, in support of the poor, kind, charitable, defenseless cartoonist.
(that's a really accurate description...yeah..*cough *cough *bullshit *cough)
Also... You all forced me to marry him, remember ?... I am his wife, facepalm.gif
The BEST outcome of all this manufactured drama
1. "Carreon The Evilllll" ® wins against "Inman the manipulative" ™
2. The charities get the money.
3. The Inman supporters see Inman for real.
4. Carreon get's a bj from his wife.
( the real reason he is fighting so hard, I did promise you that bj IF you win sweetheart )
5. ???????
6. Profit!
TL;DR:
I am inviting you to hate me because.....
you give a fuck about a person that, you shouldn't give a fuck about.
PROTiP: Reply in angry comments only. ( moarr hate = moarr WiNcest amirite? )
BONUS POINTS: If you call me Carreon's wife and make a funny that makes US laugh.
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Re: The heartless one has a point
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Re: Re: The heartless one has a point
You should have posted that on Inmans blog.
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Re: The heartless one has a point
- Not so anonymous troll.
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Re: Re: The heartless one has a point
Giving other peoples money to charity to fight of a $20,000 defamation, while earning +$500,000 per year(let's make it well over $2million this year, considering the free manufactured publicity this is getting)
yes manufactured...same story, same narrative, same facts omitted, same biased angle... spammed and linked everywhere at the same time.
Admit..The story has shifted to "Carreon the Eviillll" which is fun to watch, and is all Careon's own work,
but... who didn't know that Lawyers don't give a fuck about bad PR ?
Casey Anthony Attorney, Jose Baez sure gave a lot of fucks...amirite?
Viral marketeer and SEo with previous link scamming history !
I have to give a fuck ?( he is a poor, defenseless cartoonist.. bullshit )
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Re: Re: Re: The heartless one has a point
Citation, boy?
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At the very least , call me a....... Ladyboy !
http://en.wikipedia.org/wiki/The_Oatmeal
How does a web comic earn $1,000 a day in revenue?
http://mixergy.com/matthew-inman-oatmeal-interview/
Last week The Economist magazine profiled Matthew Inman about the creation and revenue of his comic, “The Oatmeal.” They said that he did $1,000 a day in sales on a typical day and that he earned $70,000 in sales on a single day last year on Black Friday.
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Re: Re: Re: The heartless one has a point
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Re: Re: Re: Re: The heartless one has a point
Speculation as to why... while ignoring the the real benefiter.
The Internet, being played by viral marketers and SEO's since 2000.
People will never get this.
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Re: Re: Re: Re: Re: The heartless one has a point
But quietly telling someone to fuck off isn't nearly as effective as having the internet tell them to fuck off and if you haven't noticed funnyjunk has not pursued the claims they said they would if they didn't get their 20K.
Next your gonna tell me that commercials are designed to sell products and strippers don't really love me.
Your use of ellipsis is irritating and pointless. End your fucking sentence or complete your thought.
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elipsis misuse...a common horror worse than murder
I will ignore your argument, until you can be civil.
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Re: elipsis misuse...a common horror worse than murder
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Re: elipsis misuse...a common horror worse than murder
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Re: Re: Re: The heartless one has a point
As to your other points about 'link scamming history' and 'free manufactured publicity,' you do not address these points with any actual proof. It'd be great to see those citations, but without them you're asking people to believe you based on your word, alone.
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Re: The heartless one has a point
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And WHO jumped to wild conclusions ?
Other benefits of tinfoil hats...
They reflect arguments from people who willfully ignore facts.
They are quite fashionable(Lie).
They can be converted into many things, like a ball (I am creative)
Not to be confused with Aluminum Foil hats, crazy people who jump to conclusions wear those.
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Re: And WHO jumped to wild conclusions ?
If funnyjunk had not asked for $20K and the charity campaign existed, my assumption is that less people would have donated. That doesn't matter. People felt good about donating because it allowed them to give to a good cause and at the same time say "Fuck Off" to funnyjunk for abusive legal practices.
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Re: The heartless one has a point
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YOU MUST STOP THIS....
SAY "HE IS WASTING TIME BEING AN IDIOT".....
That will change the world to fit your views.
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So great job on being annoying. Good job wasting time writing a hundred posts a day in the most annoying form of netizen grammar and syntax you can. You really add to the discussion by not learning how to use ellipses.
I give about 0.001 fucks about Inman and only came in here to see if there was more crazies from Tera. I just happen to be sick enough of you to take the time to tell you that your an annoying peasant.
So gratz troll have some rage tears to lube yourself while you masturbate your pathetic intellect.
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Soon I will be Moar powerful than my father (Al Gore) maaawwwhhaaahhhaaa
EXTRA PRIZE: 100 internets
for using the word "peasant"
BETTER LUCK NEXT TIME:
"commoner" would have got you 9001 internets
Close but no cigar...keep on hitting me, the star prize has to go.
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Re: The heartless one has a point
Sir, you are clearly a professional.
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why..... thankyou !
People ALWAYS take a side and stick to it dominantly... that is the key, also a reason WHY facts that contradict the perceived narrative are somewhat unsettling.
No need to twist, imply, use fallacies etc.. aka(a gift from Internet creator, Al Gore)
I award you this LINK: How to troll a dating website (read the first image)
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Re: The heartless one has a point
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WiNRAR_but why, i can not unsee things....WHY
Rule 34 has just been invoked.
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Just wow
Seems I was mistaken. Anyone want some popcorn?
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Re: Just wow
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Re: Just wow
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I wonder how this will affect Inman's reaction to future instances of copyright infringement. Will he again take the high road, or opt for the gangs of lawyers approach?
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Probably the high road.
He seems like that sort of guy.
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Carreon has misstated sums, relationships, etc... over and over.
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Mr Carreon writes in point 9:
We can all read: Mr Carreon asserts, as fact, that his purported cause of action against Doe is a question “of first impression in virtually every Circuit.”
I'd call your attention to Mr Levy's letter of June 22, 2012, reproduced in “Attachment A” of the Doe v Carreon complaint :
From Bosley Medical v Kremer (9th Cir. 2005):
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The bookie refused to take the bet.
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All of this is making me want to shout to Carreon "everything you know is wrong!" Seriously, this guy tries, but he's fighting an evolving creature that's kinda unforgiving. If he has any smarts left in that head of his, he should stop and look at the situation he is in before he does any further damage. Maybe taking a breather instead of frantically digging will help understand what is going on and maybe, just maybe, he could redeem whatever he has left of himself (but that's a bit of a stretch at this point...)
Really Carreon, listen to us. Sure we like to egg you, but you REALLY got to stop before you blow up! ... But if you don't want to listen, then keep on digging. It'll be fun to watch you explode into a million pieces once you lose everything in this fight.
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Did you hear?
I'll assume these are most likely true until I see proof that they're not. Physical proof Charles not a cheap statement.
Hey! Did you guys know Charles Carreon probably sacrifices babies to Satan?
Does Charles Carreon rape dead people?
Is Charles Carreon a secret member of the KKK?
Does Charles Carreons wife give handjobs for crack?
Did Charles Carreon get away with murder? Was he the one that really killed JFK. "I told his parents it was a bad idea to give a toddler a sniper rifle."
Did Charles Carreon invent AIDS?
Is Charles Carreon hooked on meth?
Is Charles Carreon really a reptilian? "Sry could not help it rofl I had to ask!"
Is Charles Carreon really Saddam Hussein is disguise?
Can pink elephants fly?
Is Charles Carreon a serial killer?
Does Charles Carreon have dead bodies hit under his house?
Is Charles Carreon a terrorist?
Was 9/11 Charles Carreons fault?
Does Charles Carreon abuse the elderly?
LOL Feel free to ask your own questions. I really think this is the stuff that should be addressed ASAP!!
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tah tah
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Complaints
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threat
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Re: threat
Why ?
In his letter he openly. blatantly admitted he intended to use the law as a sword, not a shield. As someone stated above, there isn't a Judge in the country that will be happy about being used as a tool to harass and threaten, and that what Carreon clearly states his intention is. It IS clear cut, Parody IS protected speech. If Carreon was a force to be reckoned with at one time, he isn't anymore. He just undermined anything he is doing now and may try in the future with this filing. He is now as fearsome a feather.
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http://www.funnyjunk.com/funny_pictures/3823750/The+Carreon+Effect/
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Jes a Question
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Re: Jes a Question
I'd suggest following Childress, Frisch and Lipshaw's Legal Profession Blog.
For instance, one of the recent entries there:
I think it's important for the general population to understand how the bar is regulating itself.
( Of course, I think there's a lot of things that I think the general population ought to interest itself in... and obviously people just don't have time for that kind of involved citizenship. )
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http://www.naderlibrary.com/bulletin_board/viewtopic.php?t=896&postdays=0&postorder=as c&start=0
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What is absolutely clear is how hypocritical his wife is while still making a very ineffectual argument.
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F
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Issue of First Impression? Expressly Vexatious Litigation? Really?
Actually, it's been litigated a whole lot. It's called a "gripe site," which is described as "a web site established to criticize an institution such as a corporation, union, government body, or political figure. Not surprisingly, powerful institutions often do not take kindly to being criticized, and they have invented a variety of ways to try to suppress the speech of their adversaries."
Oh, and that quote apparently came from attorney Paul Levy, of Public Citizen. http://en.wikipedia.org/wiki/Gripe_Sites
Perhaps those funds at your disposal should be used to fire up a Westlaw subscription.
And Chuck, brazenly threatening to forum shop and to prolong litigation for the express purpose of outspending and wearing down the opposition is a big fat bucket of ethical violations. But you know that, right?
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a person who has harnessed the lowest impulses of puerile, vituperative Internet youth to generate a Charitable Fund that has been used to bribe two major charities into tacitly endorsing a campaign that is utterly devoid of charitable purpose, and is a mere cover for a hate campaign.
Apparently Public Citizen is now a proponent of charitable fraud and misrepresentation, and feels that mysoginistic hate speech trumps a lawyer's right to keep control of his trademarked image in the field of legal services, where a lawyer's name is everything.
The membership news I regularly receive from Public Citizen about mislabeled drugs and health care fraud is apparently a mere cloak for some absurd agenda being dictated by pointy-headed Internet mavens with no concern for the public good and a vested interest in legitimizing Netwar and digital lynching.
Please forward this email to the Director and the Board of Public Citizen, and to Ralph Nader and let them know what you are up to, because you are up to your eyeballs in foolishness."
So now he is upset that Public Citizen would help someone who he is going after.
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This man does his profession and the people he represents a disservice by his actions.
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carreon quickmemes
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It's obvious that he's repeating a tactic that has always worked for him in the past, and has no reason to assume the results won't be in his favor.
As for all of us changing his mind by mocking him... He appears to feel that anyone that disagreeing with him are rabble that should just be ignored.
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Re:
... and like so many other stories on this site, in so many other contexts, he is sticking to an Old-School Model despite battling in a New World Playground. Square peg ... round hole. Adapt or die, Chuck.
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To those with a legal background:
That's not a civil legal notice, that's not even a threatening legal notice, that's a notice that he intends to do everything in his power to destroy someone's life unless they cave, and to abuse the legal system to do it.
I know the current legal system, and the whole 'equality of justice for all' idea is a joke these days, but really, I would hope an letter like this would be a bit too much for the legal system to swallow.
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A lawyer who reprsents...
Not only is he trying to dig to the other side of the planet he's forgetting to shore up the walls as he goes. Not only does he make empty legal threats to people who don't know the law he does the same to lawyers who know the applicable law better than he does.
No further proof is required.
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TRO update
(see Forth Update)
Inman's lawyer responded to the Judge's request for proof that the money was sent to the Charities, by telling the judge he mailed them off himself.
The declaration [.pdf] It's only 1/2 a page (though, that system requires a cover & signature page, so there are 3 pages total)
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