Lawsuits, Etc.

Set forth below is the text of a post that I put yesterday to the Goon Central board:

NFS said something yesterday that has been bothering me. He referred to the statements that I have made than I intend to bring lawsuits against the internet predators who have posted in “defense” of Lindauer and Greaney and the web sites that have banned honestzzz posting as a “threat.” I can see why someone would take it that way. But the word “threat” does not accurately describe the spirit in which I have put forward those statements. So i thought that perhaps I should try to explain a bit.

My intent in bringing the lawsuits is to recover the financial losses I have sustained as a result of the many acts of defamation and the efforts to destroy my business and the promises to protect me from this sort of thing that were made by site owners and not honored. Period. End of sentence. End of paragraph. End of chapter. End of story.

It’s a money thing. People have foolishly incurred liabilities and it is my intent to recover damages from these people and that’s all there is to it.

The word “threat” suggests something different to my ears. If you want to use the word, I cannot stop you. But I just want it on the record that I see my references to lawsuits as a statement of intent rather than as a threat. I see a difference between those two.

Why bring it up at all then? Why not just never mention the lawsuits until they are actually filed?

My problem with that approach is that I would feel that I was operating under false pretenses with people if I played it that way. Say that the Ban on Honestzzz Posting is lifted and that I am posting at various boards and goofing around with people and all this sort of thing and then one day out of the blue some people are served legal papers. Would that not seem sort of strange? This entire affair is as strange as strange can be but I feel that to play it that way just makes it even more strange. So I don’t see that as the right way to go.

I would prefer that people know where I hope to take this. I do want to see the Ban on Honestzzz Posting lifted. I do want to be goofing around with people and all this sort of thing. I do want to bring lawsuits and recover the financial damages that I have sustained. I do want to do all this in a way that is above-board and non-sneaky. And, to the extent possible, I would like to remain friends with as many of the affected parties as possible. I play it the way that I do for a reason.

Drip Guy is going to jump in and start screaming that he cannot be friends with someone who posted honestly on safe withdrawal rates, blah, blah,blah, and I cannot stop him from having a heart attack if he is set on it. All that I can say is that the investing materials at my site are available to anyone who wishes to make use of them, Goon and Normal alike. I care about what happens to Drip Guy and I wish him well, and I wish all the other Goons well. If I were to stop feeling that way, I would feel that I had let myself become a bit of a Goon myself and I just do not want to go there.

So my aim in making mention of the lawsuits is just not to mislead people into thinking that because I post here and elsewhere with warm and friendly words to the people attacking me does not mean that I do not intend to do what I can to recover financial damages from them as a result of actions of theirs that went way over the line.

I don’t say these things to upset people. I say them because they are so and because I would feel that I was engaging in a small dishonesty if I were to continue to post knowing that I was planning lawsuits but never letting anyone know about it.

Drip Guy — You may now proceed with your heart attack!

Rob

Comments

  1. DRIPGUY says

    Re: Mention of Lawsuits Not Meant as a “Threat”
    Reply #62 – Today at 10:03:51 Quote Modify Remove
    Quote from hocus2009 on Today at 06:15:08:

    It is my intent to sue you, Drip Guy.

    Rob

    Well, well. It looks like on the basis of my poking holes in your little threats, you have decided to single me out, personally. Bad mistake, Rob. Let me say this right now, and one time, and where I know you will read it:

    YOU MUST PUBLICLY AND COMPLETELY RETRACT THE ABOVE OPEN AND PUBLIC THREAT TO CONDUCT A FALSE, MALICIOUS, WRONGFUL, BASELESS SUIT AGAINST ME, BY 31 AUGUST, 2010 AT MIDNIGHT EASTERN, OR YOU *WILL* SUFFER THE CONSEQUENCES.

    I am not joking, Rob.

  2. Rob says

    Got it, Drip Guy.

    I will say a prayer for you that you figure out a way to calm yourself.

    Take care, my old friend.

    Rob

  3. legaleagle says

    Would you be willing to specifically state whom you intend to sue? That is, will you name names?

    In lieu of that, it seems pretty pointless to make statements regarding suits.

  4. legaleagle says

    By the way, I suggest that your consult your attorney regarding the comment above by DripGuy. You could quickly find yourself in real trouble, because this is a well-established area of law.

  5. Rob says

    Would you be willing to specifically state whom you intend to sue? That is, will you name names?

    People will obviously be named when the lawsuits are filed. How else could it be done? For heaven’s sake!

    In lieu of that, it seems pretty pointless to make statements regarding suits.

    I strongly disagree, Eagle.

    This started with one individual who made an analytical error and got some important numbers wrong in a retirement study that he posted at his web site. Then there were some others who engaged in defamation and death threats and this sort of thing to “help” him when the community indicated in strong terms that it wanted to be able to discuss the realities. Then there were web sites that failed to honor their promises to protect us all from this sort of behavior. Then there were “experts” who watched smear campaigns play out in front of them and failed to take any effective action. Then there were bloggers who blacklisted people posting honestly on these topics because they feared what the organized gangs of internet predators would do to their sites if they were to run their blogs with integrity.

    And you say there is no need to get the word out that there are consequences under the laws of this nation that apply for people who participate in this sort of activity? Huh?

    My strongly held view is that every person who has a blog (not only money bloggers but political bloggers too — those from both the left and the right) or a web site should be doing all that he or she can to make people aware of what has been done here and to organize efforts to bring the Campaign of Terror against our board and blog communities to a full and complete stop by the close of business today. I am not even able to imagine any possible downside.

    Do you view the economic crisis as a good thing, Eagle? Are you insane?

    Rob

  6. Rob says

    You could quickly find yourself in real trouble, because this is a well-established area of law.

    Yeah, yeah.

    I’ve heard it all 10,000 times before, Eagle. Not impressed.

    What is the absolute worst that could happen to me if I continue to post honestly on the numbers that my friends use to plan their retirements? The absolute worst is one of the threats that Greaney (the guy who got the number wrong in the study) brought up – I could get the death penalty.

    That’s pretty bad. I’ve give you that one. And I cannot entirely rule it out. I once would have put the odds at one in a million that there could ever be a single board or blog at which anyone could be banned solely for reporting the numbers that people use to plan their retirements accurately. That one came through. So you have to say that the emotions that are stirred up in people by directing hundreds of millions of dollars to the promotion of a pure Get Rich Quick scheme are pretty darn ugly and strong emotions. So let’s say that there is a small chance that I could get the death penalty, as insane as it might ordinarily seem to entertain such a possibility.

    Which would I rather do, get the death penalty or post dishonestly on the numbers that my friends use to plan their retirements? I would rather get the death penalty. If I get the death penalty, I could die with some dignity. If I post dishonestly on SWRs, I betray everything I have lived for during my first 53 years walking this Valley of Tears.

    So, even if I lose, I win.

    I have extended the hand of kindness to the Goons on thousands of occasions, Eagle. I extend it again today. But I will not agree to post dishonestly on SWRs. So long as that is the price of obtaining their friendship, I am afraid that they are going to have to find someone else.

    Not this boy. No can do. I can’t go for that.

    It’s really just not my particular cup of tea.

    Rob

  7. legaleagle says

    The worst thing that could happen to you is that you open yourself for a countersuit and be forced to pay damages and fees. By themselves, fees in such cases typically amount to more than $50,000. Often, fees are much more than this. Damages would be additional but are impossible to estimate because they are so variable.

  8. legaleagle says

    I think your attitude will make it difficult to find an attorney to work with, even if your case is solid.

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