Prenda's Paul Hansmeier Continues To Win Enemies, Influence Legislators With His ADA Trolling, Hiding Of Assets
from the too-bad-he-can't-monetize-the-hate-he's-earned... dept
Everyone behind the failed clown school that was Prenda Law deserves what's happening to Paul Hansmeier. Unfortunately, it appears Hansmeier is taking the most damage from the fallout of Prenda's disastrous copyright trolling… or at least he's the one doing most of his suffering in public.
Of course, it's his own fault. Rather than get out of the trolling business, Hansmeier doubled down. He swapped porn stars for wheelchairs, pursuing small businesses for Americans with Disabilities Acts violations. Fronting as a public interest, Hansmeier's "Disabilities Support Alliance" is every bit the serial litigant Prenda was.
Now, it's falling apart. As is Hansmeier himself. He's currently facing possible disbarment for his participation in Prenda's fraudulent behavior. He just lost one of his lawsuits against a Minnesota landlord for bogus ADA violations -- one out of more than 100 lawsuits he's filed against small businesses in the area. If Hansmeier's asked to cough up legal fees, one wonders where he'll find the money.
I suppose he might find some cash in the "trust" he claims handles his finances without his direct intervention. (Court filing via Fight Copyright Trolls)
According to the Trust Agreement:"Browne" is Padraigin Browne, Hansmeier's wife. Browne has apparently been moving money out of bank accounts and into this trust -- supposedly to handle "personal expenses." Quite obviously, the moves are being made to keep money from being rerouted to pay off judgments from Prenda's misdeeds and debtors seeking compensation. Hansmeier recently filed for bankruptcy, hoping to shield his assets from being seized/sold to pay Prenda judgments.
a. the beneficiaries of The Mill Trust are Hansmeier’s parents, siblings, future spouse and any future descendants;
b. The Mill Trust is an irrevocable trust;
c. the trustee, Browne, had the sole discretion, subject to Hansmeier’s right to veto, to distribute the assets of The Mill Trust for the benefit of the beneficiaries; and
d. the Trust Agreement is executed by Hansmeier as “grantor” and Browne as “trustee” on December 28, 2010.
So, his cash -- sitting in bank accounts where it could be seized -- is being moved to his trust. (Hansmeier is also apparently using a Scottrade account and a shell entity ["Alpha Law Firm"] to keep his funds from being seized to pay off ~$400,000 in judgments. The "Monyet" name attached to the Scottrade account is another shell company.)
After Hansmeier had transferred $175,000 into the TCF Bank account held solely in Browne’s name (the “TCF Account”), Browne contacted TCF Bank and made arrangements for a TCF Bank branch to have $150,000 of cash on hand so that Browne could make a $150,000 cash withdrawal. Browne then went to the bank on December 13, 2013 and withdrew $150,000 in cash from the TCF Account.What Hansmeier refers to as "The Mill Trust" is actually something commonly utilized by small-time drug dealers and the lower rungs of the mob's organizational chart.
[...]
On February 7, 2014, Hansmeier transferred an additional $70,000 from the Monyet Scottrade Account to the TCF Account.
Browne, after checking with TCF Bank to see what would be an appropriate amount that the bank branch would have “on hand” without making pre-arrangements, began to withdraw additional cash from the bank in $2,000 increments.
In the months of February-March, 2014, Browne withdrew at least $28,000 in cash from the TCF Account. She had also withdrawn $2,000 in cash from the TCF Account in November of 2013.
Those cash withdrawals, when added to the $150,000 in cash already hidden at Browne and Hansmeier’s home, resulted in a total of approximately $180,000 in cash hidden in a box at the home shared by Hansmeier and Browne.The court has been unimpressed with Hansmeier's behavior so far. The following order was issued before his Cardboard Box In A Closet Trust came to light. (This opinion also provided by Fight Copyright Trolls.)
The debtor further argues that if he succeeded on the merits of the Claim Objections he would have been in a position to confirm a plan that paid 100% to general unsecured creditors, with interest. The deadline for filing claims is April 22, 2016, so there is no way of knowing at this point what the total claims will be in the case. To date a total of $2,493,510.17 in claims have been filed. Of that amount, $1,612,731.94 was the subject of the Claims Objections. Assuming for purposes of this motion only that the Claim Objections were sustained,2 the total claims would be reduced to $880,778.23.3 The debtor offered no evidence that he would have had non-exempt cash to fund an immediate payment of claims in full at the time of the conversion. Thus, the debtor would have to pay the claims over time with interest through his plan. The debtor is currently the subject of a disciplinary proceeding, the result of which could result in the suspension of his license to practice law or disbarment. The debtor has offered no evidence as to how he would fund plan payments if he is no longer licensed to practice law, which is his source of income.Add to this the fact that Minnesota legislators -- backed by the small businesses Hansmeier has pursued for dubious ADA violations -- are now attempting to shut down Hansmeier's new money train.
The debtor asserts that the court’s decision to convert was based on prepetition conduct, a desire to punish the debtor for that prior conduct and an attempt to deny him a fresh start. While the court did recite rulings by numerous courts across the country that have found the debtor engaged in serious misconduct before those courts, and had been sanctioned for that conduct, those rulings merely established the background for the court’s finding that the debtor has continued his pattern and practice of being untruthful. The debtor’s misconduct did not stop when he filed his bankruptcy petition. Rather, the court found that the debtor had filed misleading or false documents in this case and provided potentially false testimony at his Rule 2004 examination.
Rowland, who says her restaurant was in compliance with the disability access requirements, says she eventually settled the lawsuit for $8,500 to avoid paying even more in legal fees.Hansmeier appears to be hiding the assets he does have and presumably is attempting to pay off his debts by intimidating small businesses into lowball settlements. If he's disbarred -- or if the legislation passes -- his sole revenue stream will dry up. Then what?
“This is someone taking advantage of a very big loophole in our legal system,” Rowland said. She testified before state lawmakers Thursday as lawmakers introduced a law that seems to be aimed directly at attorneys like Hansmeier.
One lawmaker even joked, “The suggestion was made that we make this the Paul Hansmeier Act.”
The Minnesota Chamber of Commerce worked on the bi-partisan legislation with the Minnesota State Council of Disability and the Human Rights Department.
“We're really just trying to limit some of the litigation lawsuit abuse that's been occurring,” Chamber of Commerce Vice President Beth Kadoun said.
The legislation would give businesses at least 30 days to respond to lawsuits, shift the burden of proof in some cases to those filing the lawsuit and restrict attorneys from demanding immediate settlements.
The first step is already in place. Hansmeier has been ordered to liquidate his assets. His
The debtor has refused and continues to refuse to disclose complete and accurate financial information. The debtor has dissipated over $80,000 in estate assets since the case was filed. Other courts have already found that the debtor exhibits a “serious and studied disregard for the orderly process of justice” and “a relentless willingness to lie to the court on paper and in person.”There's certainly more to come in the next few months. Hansmeier hasn't shown any interest in scaling back his trolling efforts and seems to be hellbent on pissing off every judge he appears in front of. He's likely going to end up without a license to practice law -- which appears to be his only marketable skill. And it's a skill he can't wield without being abusive and dishonest.
Might as well fire up another batch of Orville Redenbacher's Schadenfreude-Flavored Gourmet Popping Corn and settle in. For a steady stream of updates, I wholeheartedly recommend following Sophisticated Jane Doe and the Minneapolis Star-Tribune's Dan Browning, from whom much of the above has been sourced. For additional entertainment, Hansmeier himself has rather belatedly joined Twitter, although most of his posts are just self-interested hashtag ADA lawsuit spam.
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Filed Under: ada, bankruptcy, hiding assets, padraigin browne, paul hansmeier, trolling
Companies: alpha law, mill trust, monyet, prenda, prenda law
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Structuring
Banks have to report any transactions deposit or withdraw over $10k. Many people have gotten burned because they they intend to do a transaction over 10K, but break it up into smaller ones.
I think in one case, the bank even suggested to break it up over tie so they didn't have to report it. They guy was still nabbed by the Feds for it.
If you have been reading along, she is mixed up with all of Paul's messes. The whole Groupon class action mess, the withdrawing of the cash to give to Steele to pay Prenda judgements, etc.
In some things you can see that Paul has tried to shift funds to her, so that they are out of reach of bankruptcy trustee.
Toss her in a federal jail, that would put a big hurt on the Hans's household income.
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Re: Structuring
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Re: Re: Structuring
One can presume that similar withdrawals can be legitimate. I can point to my own current financial situation as an example.
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Re: Re: Re: Structuring
I'm not normally the fire and brimstone type when it comes to crime, but considering the consistent level of deception this guy is producing, I'm wondering at what point they can pin Hansmeier down, hopefully one with bars or home arrest with a substantial bail, to find every nickel this bastard has, because he is not going to stop.
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Re: Structuring
"Browne, after checking with TCF Bank to see what would be an appropriate amount that the bank branch would have “on hand” without making pre-arrangements, began to withdraw additional cash from the bank in $2,000 increments."
The banks want prior notice to withdraw more than that at one time
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Re: Structuring
I despise the Prenda Law people, but I strongly dislike the idea of using a Structuring claim. This particular couple may be aware of the Structuring laws, but many legitimate depositors also act in a way that is technically Structuring despite having no ill intent.
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Re: Re: Structuring
The reality is, they probably didn't like his stand on creation. So much for free speech...
Similarly, even though I detest absolutely everything about Hansmeier and think he (and his wife) deserve punishment, I wouldn't convict her (or anyone) for structuring if I were on the jury.
Laws like this are certainly ones where jury nullification needs to be invoked.
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Re: Structuring
Asking the bank how much cash they have on hand, and how big a withdrawal you can make without the bank running out of cash and having to call for an armored car delivery, then making that size withdrawal is not illegal.
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It's reprehensible that abuse of legislation and process can be used to get quick cash such as Hansmeier has been responsible for and many small business owners have been hit by and some forced out of business due to the costs of settling or trying to fight these lawsuits.
Is Hansmeier on the ropes right now? Most would agree he is treading water in the deep end of the pool. The thing is that Steele is also in the ADA lawsuit game, so they have both found a new way to generate easy cash settlements to which they are addicted to in my opinion.
If the ADA lawsuits settlement game draws to a close, I would fully expect you will see Steele and Hansmeier look for another law or piece of legislation that they can twist and use to generate quick cash settlements under the guise of enforcement.
One has to remember this is only occurring in Minnesota where they are trying to bring some semblance of fairness to those being hit by ADA lawsuits, I believe Steele is plying his trade in Illinois although I believe in a much quieter manner.
No one should under estimate the temptation that Steele and Hansmeier have to that sweet easy settlement cash that I believe they are addicted to, and I would be of the belief that if Hansmeier efforts start to peter out on the ADA front, that a new scheme will be presented and operational to get cash rolling in.
I thought after the Prenda gang came crashing down that they would scale back their desire for easy settlement cash, but it would appear that addictive lure of easy settlement cash was much to hard to walk away from and hence the ADA lawsuit game was born.
There is no way Hansmeier will walk away from the game of easy settlement money, if ADA troll suits go down the drain, I fully expect Hans to either take this game on the road by finding poor schmucks who just got their law license in other states to get brought in to the game while Hans stays behind the scenes or Hans finds a new legal loophole to generate lawsuits and cash settlements.
I dont see Hansemeier having the want to walk away from the easy cash lawsuit settlement game, Steele either. I am of the opinion they will just find a new one
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'Those guys are total fraudsters'
I plan to govern myself appropriately here in the big leagues.
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Prenda Law TShirt
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Re:
So they might come to a different conclusion.
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Re:
Look at the Prenda operation, swap in ADA for copyright and its maaagic.
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(I KNOW I'M CHOKING ON TYPING IT)
While there are meant to have been referrals for criminal investigations, we have no idea what is actually happening on that front.
I once wondered if they would wait until the appeals were done before moving in... its starting to look like that is the case.
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As much as these asshats gall me, they are entitled to be treated fairly by the system. Unlike those they were shaking down with the courts blessing but then I am not unbiased.
For months after much of the Prenda scheme was exposed, courts kept allowing them to move forward. After evidence was before courts, they got to keep going. When courts questioned they moved to courts who hadn't heard of them yet.
Of course perhaps the legal system is waiting to see if 2 of the locals facing federal charges want to cut deals and offer up evidence.
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Nevis trust?
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Re: Nevis trust?
The Nevis entity existed to hold the trust for Mark Lutz's unborn children, there were no records of payments made to it from Prenda.
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Re: Re: Nevis trust?
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Trust beneficiaries?
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Re: Trust beneficiaries?
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Re: Re: Trust beneficiaries?
From the IRS website (humorously found under "Abusive Trust Tax Evasion Schemes"):
I haven't dug into all the IRC sections to determine what might be applicable.
(I also wonder at the "future spouse" reference in (a.). Were Hansmeier and Browne married at the time this trust was signed? If they were, who is this "future spouse" to which the document refers. If a case for construction of language were brought, and the court decided to do so literally, is Browne therefore not actually a beneficiary?)
According to the Trust Agreement:
a. the beneficiaries of The Mill Trust are Hansmeier’s parents, siblings, future spouse and any future descendants;
b. The Mill Trust is an irrevocable trust;
c. the trustee, Browne, had the sole discretion, subject to Hansmeier’s right to veto, to distribute the assets of The Mill Trust for the benefit of the beneficiaries; and
d. the Trust Agreement is executed by Hansmeier as “grantor” and Browne as “trustee” on December 28, 2010.
Disclaimer: IANAT&EL - I just work for them and like to read.
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Re: Re: Re: Trust beneficiaries?
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The more I look at it, the more I think this "future spouse" reference may be instead to the future spouse of a parent (after the death of a current spouse), sibling or descendant. Or it's a typo or misinterpretation of what is written in the document.
I dunno... Would have to look at the entire trust.
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Re: Re: Trust beneficiaries?
He isn't a beneficiary, so how do you figure that she is?
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The Prenda guys are clever enough to not put any money into the single front entity. That trust was intended to be the sole public face of the scam.
Incidentally, in order to skirt around the laws about transferring assets out of the county, the copyright was nominally acquired by AF Holdings for $0. Yes, they were suing over a literally worthless film.
A Nevis Defined Purpose Trust is a pretty obscure construct. The Prenda guys must have scoured the ends of the earth to set up their scam. That makes it extremely likely they also researched much better known ways of hiding money in offshore accounts. It remains to be seen if the Trustee can sniff out the trail.
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You gotta wonder..
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I think...
Fits the profile nicely.
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I smell the sequel!
I'm very much convinced that the most unfortunate burglary will be reported just when that box was about to be seized by order of a court.
Even the Mafia is more subtle about its dealings than Hansmeier.
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Re: I smell the sequel!
"W.A.Y.G.T.D.A.I.?"
"As I understand it the full name is something along the lines of 'What Are You Going To Do About It?' But that's besides the point, I'm afraid the terms of the trust put the entire amount of money out of our reach for the foreseeable future, and we just cannot pay the court fees and fines. I'm sure you understand, and would of course never order someone to break the terms of a legally binding agreement."
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Why not?
If I were a greedy sociopath I'd probably do the same thing for a very simple reason: There is no downside.
Use 'legal' extortion tactics to grab as much money as you can, shift it around using 'legal' methods, and then when/if the hammer finally comes down plead ignorance/poverty. So he has a chance to be disbarred? Oh noes, however will he manage to survive only having the piles of money scattered about in various accounts to live off of?
The 'legal extortion' racket is insanely profitable, and carries almost no risk at all unless you get too cocky and screw up, and even then the risk is minimal so long as you know the right tricks. It's not surprising(disgusting yes, surprising no) that he and those like him are using the system for fun and profit, the only surprising thing is that it doesn't happen more often.
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Re: Why not?
Ahem. The fact that the Prenda team isn't already behind bars says a lot about the judicial system so yeah, agreed.
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Marketable skill?
Considering all that we have seen from him do you really think it is fitting to call this a marketable skill? If I needed a lawyer I am more likely to go hire a random homeless guy off the street than I am to hire this guy.
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Hansmeier (#prenda)
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Not just MN
Arizona's legislature introduced a bill with this language this year. AFAIK it's held in committee and likely won't see any more action.
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Well, if he doesn't get disbarred and the legislation passes, he can always move to FLSA lawsuits.
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