Showing posts with label first amendment. Show all posts
Showing posts with label first amendment. Show all posts

Hit By Hurricane JDA, Francis Koenig's Fake Ass Lawyer Backs Down

 pic via SFW-porn

Well well! After two demands for his alleged lawyer's California bar number which I guess I will never get, it appears I'm off the hook for the Francis Koenig lawsuit I never legitimately faced in the first place. Unfortunate for this alleged lawyer and his "client," it's too late to call off the hounds and JDA is fully prepared to be all up in dat ass for coming after me. DON'T FUCK WITH THE CONSTITUTION, DUDE. You done crossed the First Amendment and now I have no choice but to unleash the full fury of Hurricane JDA on your ass. Nothing personal but you requested it, in email at that.

Anyhoo. Here's the email I sent him last night after he threatened to sue the shit out of me:

Chris,


I assume you have no issue with an earlier post written about Mr Koenig which painted his hedge fund in a positive light or shall I remove that as well?

As previously stated, I assure you I will publish your communications with me and threats in full and am completely within my right to do so.

On its face, the material you provided me from the SEC does not absolve your client of any wrongdoing as no investigation was completed and the statements I made at the time were made in good faith, using information I believed to be reliable at the time, with no ill will intended toward your client. It would be difficult to prove my intent to be otherwise and would think you would have far bigger fish to fry than some fringe blogger - namely the sites from which I got that information in the first place. As far as I can tell, those links remain active: http://www.finalternatives.com/node/7519
"Skeezing" on investment sources is not slander, it's a compliment! All good investors skeeze on an opportunity - it's also a liberal artistic interpretation of the situation.

Are you a licensed attorney in the state of California? I wasn't able to find your bar number, can you please give me that when you have a chance? Just want to let my people know if we have this headache to deal with over a well-intentioned post written in jest.

Of course, I didn't hear back right away. But undeterred, I kept pestering the guy. I wrote the SEC investigator who signed off on the AdultVest investigation, contacted the California state Bar to check up on his status as a licensed attorney in California since I could not confirm he was one based on the info provided to me from his emails and waited for my response. I didn't get one from Chris until the next day after a couple more emails.

Still waiting for his CA Bar number this morning with no response in my inbox, I sent this follow-up out:

Hi again Chris,

As I asked for last night after your last hostile email, my counsel needs your California bar number, can you get that to me as soon as you have a chance? Thanks.

Please also note I am in contact with the SEC regarding your request and will be submitting a FOIA for any and all information related to AdultVest so I can conduct an independent investigation. I'll be sure to leave words like "skeeze" out of my determination.

It's unfortunate it came to this but I believe you asked for it with your bullying and harassing with empty threats of frivolous lawsuits. I am completely within my First Amendment rights to address this matter further to my audience and am sure you will have no choice but to agree. I hope you are satisfied that I have removed the post in question.

As previously stated, I never meant any harm to your client. It is unfortunate that due to your actions, your client will now be subject to additional scrutiny completely within the bounds of investigative journalism protected by the First Amendment.

So yeah, please get me your bar number as soon as possible, I have to move quickly if you're really serious about coming after me. I hope you realize now what a bad idea that is.

Should you continue to ignore my very reasonable request for your CA bar number, I'll have no choice but to assume such a thing does not exist and forward these communications directly to the CA bar for their review.

At last, this came through this afternoon:
Hello Adrienne,
Thank you for removing the post.  I spoke with Mr. Koenig today to inform him.  He has instructed me to remove your name and your company from the lawsuit, and asked me to thank you for your understanding and cooperation.

Sincerely,
Chris 
Note Chris did not sign it ESQ as he had the earlier emails that threatened me. The really unfortunate thing is that I told this guy I would have loved to have Francis Koenig tell his story on my site before he started threatening me - since I rank on the first page of Google for his own name just after his own LinkedIn page - and his "lawyer" declined. Francis, if you're still up for it I would LOVE to talk to you directly, ask Chris for my email and let's talk, no hard feelings. Of course, if you want to keep sending this fake hack "lawyer" after me, then there will be a lot of hard feelings and there's nothing any of us can do about all that. But for now it's not too late to hit me up and tell me all about how awesome you are as a hedge fund manager, I still have no reason to believe otherwise although I do seriously doubt your choices in legal counsel after all this nonsense. Legal counsel, LOL.

Anyway. Then this email came from Koenig's alleged "lawyer" right after the last email:

Adrienne, I responded to you a few minutes ago. In answer to your question, the bar number of the lead litigation attorney filing this case would provided on the lawsuit, however Mr. Koenig has requested that you are to be withdrawn from the case.

Sincerely, Chris 

Well that's really fucking hilarious, Chris, because I've already spoken to the California Bar about this - or more specifically you - and will be sending copies of your communications referring to "my client" and purporting yourself to be Mr. Koenig's attorney directly to them. Whoopsie!

Now, at no time did this Chris Jones, Esq. claim to be representing Mr. Koenig specifically in his initial emails but he sure did threaten me like he was from the get go. Using words like "we" and "my client" and signing emails with ESQ sure feels like lawyering to me. I mean how clearer could the "my client" inference be in this last threat I received from him?

It has been nearly a month since our last communication. I have given you ample time to remove the damaging article aimed at my client Francis Koenig.

I have advised you in writing that this article is outrageous, entirely untrue, and slanderous. I have provided you with evidence showing my client has been cleared. Yet you continue to display this article on your website. Your article starts by saying Koenig left Wall Street to "skeeze on the potential in alternative investments" and then references Bernie Madoff as a comparison! These are your baseless and egregious words.

Your acknowledgement of my prior notice is clear and undeniable evidence of your awareness of the harm your article is causing my client; Your actions in writing the article; The ample time I have provided you to remove this article; And your failure to remove the article after having been advised of the real and punitive damages this article is causing, is further evidence of your intent to continue to harm my client.
Well I guess I will just have to wait for the California Bar to weigh in on that last one.

I responded to his final communication assuring Jr Deputy Accountant and myself would be dropped from his bullshit "lawsuit" with the following:
Ah I understand.

Please note your communications to me will be forwarded to the California Bar, who I have been in touch with this afternoon, as well as the SEC, who I have also been in touch with today. As I'm sure you know, holding yourself out as an attorney in the state of California without the legal right to do so is a crime.

Am I to take this to mean you do not legally have the right to practice law in the state of California?

And may I have the name and bar number of the lead attorney then?

No response, and he's had hours to write one up. I won't hold my breath for one. But wow, thank goodness I dodged the bullet on the Koenig lawsuit huh guys! I was so worried for a minute there!

I have also replaced the post this "lawyer" wanted removed with the following editor note:
Editor note: due to bullying by the lawyer for Francis Koenig, the previous post here has been removed. Should you be interested in reading it, I have saved an archive copy and can email it to any interested parties, just get in touch.

Mr. Koenig's lawyer stated in his initial communication with me that he and his client were "engaged in a full scale to wipe clean the defacing press that has been costly to Mr. Koenig" and "will do whatever means necessary in order to restore the reputation of Mr. Koenig in the shortest time possible," later following up with a threat to name me and this website in a lawsuit seeking costs and damages "to the fullest extent available." Not once was I asked to simply issue a correction.

This is an all-out assault on the First Amendment - as no defamation was intended in the original piece - but because this website is a hobby of mine, not the kind of money-making venture that could withstand harassment by some lawyer who finds it at all appropriate to demand removal of content, I have removed the post. I have also published all communications from the lawyer and will be in touch with the SEC to secure any and all documents related to AdultVest to independently investigate that matter further. 

Earlier discussions of the alleged fraud can still be found elsewhere on the Internet:

Porn Hedge Fund Founder Defends Investment Decisions 

Porn Hedge Fund Accused Of Fraud, Exonerated

Let the shitstorm begin. I've got just the boots for it! COME AT ME, BRO!

Arizona Shooter Kills a 6th Victim With the Help of the Media: the First Amendment



h/t WC Varones, who has extensive commentary on Arizona nutjob shooter Jared Loughner, what that means for the shreds of the First Amendment that were remaining up until this point, and how the media didn't drive him to it but have blood on their hands if they don't knock it off.

The First Amendment has already been on precarious footing for quite some time (PATRIOT Act, anyone? You are still allowed to say whatever you want but I would highly recommend against it ifyoufeelmeshhthey'relistening) but now it's officially dead.

Politico:

Pennsylvania Rep. Robert Brady, a Democrat from Philadelphia, told CNN that he also plans to take legislative action. He will introduce a bill that would make it a crime for anyone to use language or symbols that could be seen as threatening or violent against a federal official, including a member of Congress.

Can I get a clarification on this rule? Since Ben Bernanke isn't technically a federal official, can I still say he deserves to be assraped by a pack of rabid donkeys for acting like a jackass? That's not a threat, it's more like a request to the Universe.

Phoenix Blogger "Roughed Up" Over Cop Criticism



Because my company happens to provide services to certain government agencies and I just happen to be one of those snarky little brats openly criticizing the government here on Jr Deputy Accountant, we have a running joke in the office; every time we see "US GOVERNMENT" on the caller ID, we giggle and I say flippantly "someone else get that, if they ask for me I'm not here and you never saw me."

This is funny for several reasons - first of all, I'd never be so bold as to criticize a company that we do business with to the point that they would feel compelled to swoop in and take me away in the black helicopter (safe to say, we don't have a deal with the unlicensed accountants of the Federal Reserve). Secondly, I used to answer emergency calls in a previous life so I'm trained to pick up on the first ring and would never dream of letting a call ring longer than 4 seconds. Pfft.

We joke that if the Fed has black helicopters (as opposed to Bernanke's whacked out inflationary one) and decides to one day descend on the office and drag me away, hopefully I'll be able to charm my way into Bernanke's heart and convince him to offer me a job like those hacker kids who get busted by the FBI and end up managing their security networks. Did you hear that? Sounded like a chopper.

All kidding aside, things have gotten a little serious when threats against bloggers become a reality here in America - the land of the free and home of the afraid?

As I've already reported, bloggers finding themselves in trouble for their words is certainly not breaking news. It happened to Minerva in South Korea, Living Guyana, and the Cuban author of Generacion Y. But now it's happened in Phoenix, Arizona of all places.

Details from AC:

Jeff Pataky, a Phoenix-based blogger, said that police seized his computer and property because he was "speaking out against cops."

"They took everything," said Pataky, 41, a Phoenix software consultant. "They even took my personal photos and iTunes music. Since when does a citizen's home get raided for something like this?"

According to the search warrant issued on Mar. 9 by Maricopa County Judge Gary E. Donahue, there was probable cause to support that Pataky allegedly committed the following public offenses:

- "computer tampering, a class 5 felony"

- "theft, controls property of another knowing or having reason to know that the property was stolen, a class 1 misdemeanor."

Items to be searched for and seized at Pataky's residence, "located in a gated private community," included "any and all electronic data processing and storage devices, computers," among other items, according to the warrant.

Pataki said that the warrant was issued in retaliation by the police for posts he made on his blog, badphoenixcops.blogspot.com.

"Their intent was to stop me," said Pataky, who said he had a right to blog under the First Amendment. "They even blocked my Web site from city computers because city employees were reading it."

Now I don't necessarily agree with Pataky's analysis ("asshat" is an awfully strong word) nor his, erm, method of madness - it is certainly one thing to criticize, it is entirely another to use the phrase "roast a pig" when speaking of the local PD. Pataky's crassness aside, it appears as though the Phoenix PD are pushing their power to an extreme that is not entirely warranted.

More on the story can be found on the Drive-by Times.

Three things to get from this:

A) be careful who you fuck with
B) be careful how you fuck with them
C) don't automatically assume because of the First Amendment you are automatically allowed to run wild. This is America but this is also crisis central, meaning the powers-that-be are on guard and looking to dampen any sign of "civil unrest" - even if it's simply some guy ragging hard on the local cops

Before you go crying "This is a violation of his rights!" consider first of all that he's dealing with a pretty obviously corrupt Maricopa County Sheriff. The House Judiciary Committee has already investigated Sheriff Arpaio for various abuses of power including racial profiling and a vigilante mentality against local Latino Arizonians. Secondly, if you're going to play with fire, you'd do yourself well to understand what you're up against and realize just how likely a few burns will be as a result. Thirdly, I don't think this is as much related to Pataky's blog as it is the lawsuit he is assembling against the Phoenix PD, so don't go shutting yourselves down just yet.

On that note, can I just say that I wish I could hug the shit out of everyone at the Fed? xoxo (some more than others - Bernanke's last on the list until he stops debasing the currency, at which point I would be happy to bear hug him too)

Careful out there, kids, and play nice!