The Brett Kimberlin Saga:

Follow this link to my BLOCKBUSTER STORY of how Brett Kimberlin, a convicted terrorist and perjurer, attempted to frame me for a crime, and then got me arrested for blogging when I exposed that misconduct to the world. That sounds like an incredible claim, but I provide primary documents and video evidence proving that he did this. And if you are moved by this story to provide a little help to myself and other victims of Mr. Kimberlin’s intimidation, such as Robert Stacy McCain, you can donate at the PayPal buttons on the right. And I thank everyone who has done so, and will do so.

Wednesday, December 18, 2013

DB Capital Strategies Motion to Dismiss Brett Kimberlin’s RICO Suit

This is the latest post in what I half-jokingly call The Kimberlin Saga®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that Kimberlin has been harassing me for over a year, his worst conduct being when he attempted to frame me for a crime.   I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Update: Now I have posted all the documents I intend to post in the short term, let me update all of these posts with where you can find each.  This is a generic update, so some of these links will be to this post.  My basic motion to dismiss is here, but it’s barely worth reading—it literally just says that the case should be dismissed for all the reasons stated in my memorandum of points of authorities.  So that memorandum is the meat, and that is here.  Next I have a motion to require verification, here, and finally I have a memorandum aimed at convincing a judge to let whoever Kimberlin Unmasked is preserve his/her/their anonymity.  And finally we see DB Capital Stategies’ motion to dismiss.  And that is it, for now.


Time for more popcorn!  As I suggested in my last post, Dan Backer’s DB Capital Strategies is being accused in the suit for the act of... representing a client and offering a settlement.  Seriously that is it.  And Kimberlin calls this extortion and calls a lawyer offering pro-bono help some kind of mafia action.  Oy vey.

But really if settlement offers are extortion then people give into extortion with alarming frequency...


$5.8-million settlement reached in deadly off-road racing crash

A $5.8-million settlement has been reached with the relatives of those killed and a dozen who were injured when a truck competing in an off-road desert race careened into a crowd of spectators, their lawyers announced Wednesday.


'Oogled' by co-worker cops, Mpls. city employee wins $32,500 settlement

A Minneapolis assistant city attorney who works alongside police officers has reached a $32,500 settlement with the city after learning that more than 100 officers had snooped into her drivers license file.


MWRA reaches $3.1 million settlement against companies in massive water main break in 2010

The Massachusetts Water Resources Authority said today it had approved a $3.1 million settlement of a lawsuit against the consultants, contractors, and suppliers responsible for a section of water main in Weston that suffered a massive failure in May 2010, leaving nearly 2 million people in the Boston area without clean drinking water for more than two days.

Look the reality is that not all pressure is extortion.  Often you feel like you have no choice and it’s because that is life. A starving man might be told, “do some work or you won’t get food.”  He doesn’t feel like he has much choice, but it’s not extortion.  A guy might have stabbed to death five nuns, in front of video cameras, and feel like he has no choice but to plead guilty to murder in the hopes of avoiding the death penalty, but tough: that’s life.

Anyway, so the claims against DB Capital Strategies were slight and frankly ridiculous.  So they took a less-is-more approach, and sought to get themselves out of the suit.  That makes perfect sense for them.  But if you want extra fun, read all the way to the end (page 12) and look at what they are asking from the court.


Heh.

And that is the filings we know of.  I wouldn’t be shocked if more were filed today and we just don’t know about it, yet.  And the deadline only applies to those who waived service of process.  For others, Brett is now going to have to work to serve them and then they will have their own responses, if the lawsuit is even alive at that point.

By the way, I will add that if DB Capital Strategies is dismissed, that eliminates an entire category of predicate offenses under RICO from this suit.  And if that doesn’t make sense, go back and read my memorandum on the subject.  I think that explains it reasonably well.

Stay tuned.  I predict Kimberlin is about to have a very terrible, horrible, no-good very bad couple of months, especially if the judge likes my theory that he is defamation proof.

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My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the donation link on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.


And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.

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