Post by WindsorFox[SS]
Personally, I feel that any lwayer who represents a known and
proven spammer, needs to be snapped into prison with said spammer. It
will be convienient in that the two may have conjical relations with
someone they already know and love.
The vast majority of my defendants' lawyers are competent,
professional, and ethical. And assuming this is Soloway's handiwork
as many people seem to believe, I have no reason to believe his local
attorney does not also fall into this category. I fully expect
opposing counsel to do their job to advocate for their client, and in
fact wouldn't respect them very much if they didn't. In the end it
doesn't matter as the facts and law are on my side.
Over the past seven years of telemarketing, junk fax, and fraudulent
email litigation, I have dealt with intimidation (e.g. a SLAPP
racketeering suit in federal court) or scare tactics (e.g. stalking
and photographing my children in my neighborhood and even through my
kitchen window) that were sanctioned or even participated in by three
attorneys who clearly crossed the line.
Of those three attorneys, one ended up getting charged with procuring
chemicals for and running a meth lab in his home (he got off -
evidence was thrown out due to bad search - which I happen to agree
with having read the documents in that case - but I digress) but he
appears to have allowed his license to lapse pending disciplinary
action for non-drug-related issues.
Another attorney working on those cases with the same defendant
subsequently got caught *twice* for possession of meth - the first
time being after he was searched after being picked up on a bench
warrant for failing to appear on behalf of a client in the same
federal court that I have Soloway in. His multiple felony charges are
pending at this time.
Their client's (a junk faxer specializing in promoting pyramid/MLM
schemes) SLAPP suit against me in federal court was tossed, my case
against him proceeded and we ended up with a settlement that I was
QUITE satisfied with.
Another defendant (prerecorded telemarketing calls) hired an attorney
who apparently arranged for the stalking of my kids among other
things, which he bragged about and told me in a taunting fax was just
the beginning, in a similar attempt to intimidate me.
The attorney (who, BTW, was and still is the only attorney I have ever
filed a bar complaint against) was subsequently disbarred on numerous
counts unrelated to mine before my complaint got to the stage of a
disbarment proceeding, but not before the state bar disciplinary
committee unanimously voted that I had a valid claim that would most
likely be successful on the merits and was scheduled to proceed in the
event that the pending unrelated charges resulted in anything less
than a full disbarment. IIRC he was subsequently sentenced to
prison for unauthorized practice of law after his disbarment, but this
may still be on appeal.
In an unprecedented move, while my civil case was pending, this
defendant was subsequently charged with a CRIMINAL offense by the
Oklahoma A.G. for the same kinds of telemarketing violations I was
suing him for. Because statutory damages for TCPA violations are
relatively small and there is no recovery of attorney's fees, my
attorneys advised me to dismiss my case as the cost of taking him to
trial would likely exceed any recovery, not to mention his numerous
promises to file bankruptcy to see that I would not receive a penny.
I agreed to dismiss (without prejudice) as my primary objective of
stopping him had been achieved - and if he violates again, he is
looking at a felony with up to 10 years in the state penitentiary for
a second offense.
Similarly, a great number of my defendants (another spammer in
Washington state among them) also tend to end up facing civil
enforcement action or criminal charges. I had an occasion once
several years ago to list some of my defendants with a brief paragraph
each describing the corresponding law enforcement action, and the list
ran nearly three printed pages. I have also had numerous unsolicited
inquiries from various law enforcement officials including
investigators working with various state A.G. offices and even the
U.S. Secret Service who have contacted me after seeing that I have
already sued someone they are investigating.
The point to be made about all of this isn't that bad things happen to
the bad guys who I go after and/or try to come after me in retaliation
- it's that the type of people I tend to go after and the attorneys
that cross the line in attempt to defend them tend to self-destruct,
fall on their own sword, and get what they have coming to them all on
their own with little or no help from me.
Conversely, not one SLAPP suit or counterclaim against me has EVER
succeeded in ANY way. In fact, I used the sworn testimony of a
witness for the plaintiff in a hearing in the federal SLAPP suit
mentioned above to put the last nail in the coffin and WIN my case
against that very witness in my state court junk fax case against him.
And amongst all the whining and howling by the criminals about how I
was going after all these poor "legitimate bidnesses," I was most
honored to receive an email from a staffer of Rep. Ed Markey (D-MA -
the principal House sponsor of the TCPA) to pass along Rep. Markey's
congratulations on the work I have been doing pursuing junk faxers
under the law he helped enact.
So to make a short story long, whoever it is who thinks that such an
asinine and transparent effort to intimidate me will do anything but
strenghten my resolve has obviously not done the slightest bit of
homework on me and my twenty-plus year history of taking on bad guys -
even those with considerably more resources than me - and winning.
It would appear that someone who has been living high-off-the-hog on
their ill-gotten gains sees the pitch-black brick wall at the end of
the tunnel rapidly approaching and is desperate. They would well be
advised not to squander their resources on a futile effort to fight me
off because if past history is any guide, they're going to have a lot
bigger things to worry about than civil lawsuits by little ol'
Microsoft Corp. and me.