So the FTC apparently had a forum this week on crowdfunding scams. If only there was some test case the agency could bring...
CBS/Paramount sues to stop Axanar
- Thread starter Richard Baker
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There are basically two questions that need to be asked based on C/P's application:
1. Did AP commit perjury under 18 U.S.C. § 1621?
According to the application, AP testified in his deposition that "he did not delete substantive emails" between himself and Christian Gossett. However, Gossett himself "turned over thousands of pages of documents," including emails that were not produced by AP. AP has admitted they did not produce all of the relevant emails, as he's promised to produduce an unspecified number of additional emails to C/P.
But if AP did, in fact, delete certain emails to avoid potential discovery, and he then lied about that act in his deposition, that would likely constitute perjury. This is precisely why C/P is seeking a court order for AP and his attorney to "confirm that he has produced all relevant emails."
2. Did the public release of the Axanar "Annual Report" violate the Federal Trade Commission Act (15 U.S.C. § 45) and the California Unfair Competition Law (Cal. Business & Professions Code § 17200) because it contained "deceptive, untrue or misleading" statements regarding the use of funds raised for the Axanar project?
We're all familiar with the "Annual Report" that AP released. According to C/P, however, this document was not produced in discovery--the plaintiffs actually produced it to AP. Meanwhile, AP did produce a "financial summary" prepared by his accountant under a "Highly Confidential" designation. Based on the characterization of this document in the C/P application, it's reasonable to infer that this financial statement contains information contradicting the Annual Report. C/P itself notes that AP does not want the second financial statement released for fear of "embarassment."
Obviously, Axanar Productions is not a public company and therefore not subject to SEC financial reporting rules. But any California business must comply with state and federal prohibitions against making false or misleading statements in relation to their business practices. The whole point of the Annual Report, as AP himself said, was to demonstrate "transparency" to donors.
1. Did AP commit perjury under 18 U.S.C. § 1621?
According to the application, AP testified in his deposition that "he did not delete substantive emails" between himself and Christian Gossett. However, Gossett himself "turned over thousands of pages of documents," including emails that were not produced by AP. AP has admitted they did not produce all of the relevant emails, as he's promised to produduce an unspecified number of additional emails to C/P.
But if AP did, in fact, delete certain emails to avoid potential discovery, and he then lied about that act in his deposition, that would likely constitute perjury. This is precisely why C/P is seeking a court order for AP and his attorney to "confirm that he has produced all relevant emails."
2. Did the public release of the Axanar "Annual Report" violate the Federal Trade Commission Act (15 U.S.C. § 45) and the California Unfair Competition Law (Cal. Business & Professions Code § 17200) because it contained "deceptive, untrue or misleading" statements regarding the use of funds raised for the Axanar project?
We're all familiar with the "Annual Report" that AP released. According to C/P, however, this document was not produced in discovery--the plaintiffs actually produced it to AP. Meanwhile, AP did produce a "financial summary" prepared by his accountant under a "Highly Confidential" designation. Based on the characterization of this document in the C/P application, it's reasonable to infer that this financial statement contains information contradicting the Annual Report. C/P itself notes that AP does not want the second financial statement released for fear of "embarassment."
Obviously, Axanar Productions is not a public company and therefore not subject to SEC financial reporting rules. But any California business must comply with state and federal prohibitions against making false or misleading statements in relation to their business practices. The whole point of the Annual Report, as AP himself said, was to demonstrate "transparency" to donors.
Anyone see him on Big Bang Theory last night?
AP has turned self-destruction into an art form. I wonder if W&S is rethinking their commitment to their client.Studio attorneys want another crack at Alec Peters after discovering an email trove he hadn't disclosed. And Peters' 'embarrassing' spending of donor funds is the reason his lawyers want to keep Axanar's finances confidential. Here's the full AxaMonitor story.
If I really believed in my case, if I really thought that CBS was wrong, was a bully, and that I had a chance to make the world a better place by overturning copyright, I'd not only do everything I could think of to give my attorneys and the court what it needed to win, I'd also tell my attorneys everything, about every document I had or thought I could no longer find. Especially when they supported me in this.
"Spockshit! I've lost or deleted just so much material, there's no way I can comply. I better at least tell my legal team so they can devise a strategy that's both protective of me and legal before the Court. I don't want -them- to get caught flat footed."
The single breathtaking inanity in the entire document? The failure to produce the much touted Annual Report. They shouted this thing from the mountain tops as proof they were different than everyone else. "Rosa rubicundior, lilio candidior, omnibus formosior, semper in te glorior", was Axanar with that report.
"Spockshit! I've lost or deleted just so much material, there's no way I can comply. I better at least tell my legal team so they can devise a strategy that's both protective of me and legal before the Court. I don't want -them- to get caught flat footed."
The single breathtaking inanity in the entire document? The failure to produce the much touted Annual Report. They shouted this thing from the mountain tops as proof they were different than everyone else. "Rosa rubicundior, lilio candidior, omnibus formosior, semper in te glorior", was Axanar with that report.
In the docs that were posted on Facebook, there's a littany of these exchanged between LFIM and John Van Citters........why LFIM is narc'ing everyone out, I have no clue (certainly didn't engender any good will)
So, he does understand the idea of IP. This sort of dings any sort of defense of "I didn't know stealing IP was wrong." Sorry, Lane!
Indeed. I wonder at what point Erin Ranahan will open her eyes and see just how dangerous of a situation she's putting her career in.
Finished reading through the documents:
Wow.
A few points:
1) This is an actual "bombshell" for reasons pointed out by @oswriter. Lying under oath is sorta a big deal, and if AP did so, he is likely to suffer more than just a mild inconvenience. In addition, his attorney was blindsided by this, although I find it amusing that she simply took his word for it and believed he had no other relevant emails to disclose. Her righteous indignation at the 'shenanigans' of the Plaintiff's counsel is also amusing in light of the alleged bad conduct of her own client.
2) The whining in Ranahan's emails about the "cost" of searching for supposed "public" statements is telling. Although most lawyers attempt to paint things they don't want to do as burdensome, there is a little reality poking through. This case is costing W&S a bundle, and they aren't going to get very much from it, even positive media coverage, because Alec is a slimeball and a cheat, and he is screwing his own attorneys with his secrecy and devious behavior.
3) The financial documents - if and when they are either leaked or "de-designated" from the current Highly Confidential status will be a fun read, and the fact that Alec wouldn't submit his "public" report makes me think his "legal - trained" brain is telling him that such action would lead to some intelligent folks correctly reviewing the evidence and seeing that Mr. Transparency was making the whole thing up. Class action law suit anyone?
Finally, I wonder what embarrassing things Alec bought with the donor money? Prophylactics? Enhancement pills? A Big Gulp from the local 7-11?
@Trumpy - Dude! They keep getting better!
Wow.
A few points:
1) This is an actual "bombshell" for reasons pointed out by @oswriter. Lying under oath is sorta a big deal, and if AP did so, he is likely to suffer more than just a mild inconvenience. In addition, his attorney was blindsided by this, although I find it amusing that she simply took his word for it and believed he had no other relevant emails to disclose. Her righteous indignation at the 'shenanigans' of the Plaintiff's counsel is also amusing in light of the alleged bad conduct of her own client.
2) The whining in Ranahan's emails about the "cost" of searching for supposed "public" statements is telling. Although most lawyers attempt to paint things they don't want to do as burdensome, there is a little reality poking through. This case is costing W&S a bundle, and they aren't going to get very much from it, even positive media coverage, because Alec is a slimeball and a cheat, and he is screwing his own attorneys with his secrecy and devious behavior.
3) The financial documents - if and when they are either leaked or "de-designated" from the current Highly Confidential status will be a fun read, and the fact that Alec wouldn't submit his "public" report makes me think his "legal - trained" brain is telling him that such action would lead to some intelligent folks correctly reviewing the evidence and seeing that Mr. Transparency was making the whole thing up. Class action law suit anyone?
Finally, I wonder what embarrassing things Alec bought with the donor money? Prophylactics? Enhancement pills? A Big Gulp from the local 7-11?
@Trumpy - Dude! They keep getting better!
Please forgive me, but a thought just popped into my head and I wonder now if any of this money could have found it's way to a personal area that shall not be discussed (there was a BIG stink about this the last time Michael Hinman brought it up)......?? The probability in all likelihood is extremely low and I doubt even LFIM would be so stupid as to get anyone too close to him, personally involved in this CF, but given what we know of the man, his past and all the shady dealings he's been involved in (plus the fact he marked those certain docs 'highly confidential'), I can't help but wonder...............(don't worry, won't bring this up again!)
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How many bar tabs were paid with the Axanar corporate card?
Hmm.....
Hmm.....
Man I am glad you came back! :-)
Court enforcement of a private contract can implicate constitutional limits on the power of government. A classic example is the SCOTUS decision saying that restrictive covenants in deeds (like a deed restriction saying the property couldn't be sold to a black person) were unconstitutional.
Those covenants were fully-private contracts, so on the surface the equal protection guarantees of the 14th Amendment wouldn't appear to come into play. However, SCOTUS ruled that when a court acts to enforce the covenant THAT can be a government action the Constitution is applicable to. It then reasoned that the 14th Amendment made it unconstitutional for courts to enforce the contract.
Wow - great read. Methinks Alec Peters REALLY SCREWED HIMSELF yet again. I can guarantee after all the posturing by W&S with regard to the Plaintiffs 'failure to produce" - and try to paint them as major sandbaggers, I seriously doubt the Magistrate or Judge Klausner will let Erin Ranahan or Axanar off easy with this one.Studio attorneys want another crack at Alec Peters after discovering an email trove he hadn't disclosed. And Peters' 'embarrassing' spending of donor funds is the reason his lawyers want to keep Axanar's finances confidential. Here's the full AxaMonitor story.
Alec Peters must really have lost touch with reality if he thought someone like Christian Gossett would not keep all the e-mails sent on the Project or would not turn it all over when presented with a Subpoena for such documents. The attempt of the defense to deny further production of any financial documents Alec Peters has because it may harm his public business and personal reputation is extremely galling too. I mean here W&S was asking for all financial data CBS and Paramount had for Star Trek (including salaries) for 50 years (which was rightfully narrowed to only 2009 - Present, and only with regard to the works that C/P have claimed were infringed on); and yet when Plaintiffs ask for specific info that Alec Peters has on how the money that was raised from fans specifically FOR the Axanar film project was actually spent; Ms. Ranahan cries foul and asserts the info is Privileged because such disclosure could publicly tarnish Alec Peters' personal (and business) reputation?
My response to her argument:
She's kidding, right?
In the end though, if W&S (and Ms. Ranahan) don't receive some real sanctions as a result of this; I'll be VERY surprised. A second unrestricted deposition of Mr. Alec Peters will be one of the least of her worries.
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Also on another note:
-- Loved it. Nice work, but I'm surprised you didn't use "Diana" for the female's name (instead of "Gerda") at 2:59.
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I'm going to infringe on @jespah and post this...
http://www.americanbar.org/groups/p...duct/rule_3_3_candor_toward_the_tribunal.html
*emphasis mine
I imagine that Ranahan has recently had a few rather interesting conversations with her client.
http://www.americanbar.org/groups/p...duct/rule_3_3_candor_toward_the_tribunal.html
*emphasis mine
I imagine that Ranahan has recently had a few rather interesting conversations with her client.
If Ranahan pins AP to the wall and get those emails and posts from him, AND he is forced to sit through a second deposition, I HOPE that she tells him to settle or else she quits.
Kind of reminds me of that scene in ST:III in the bar where McCoy is getting mouthy with that alien before being hushed up by that Special Agent..........(McCoy in this case being LFIM and Ranahan being the agent from Federation Security)
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