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Drinking and posting is a bad combination mr. Whitman.
He's the gift that keeps on giving.
Ken appears in the comments
Is Ken in prison yet?
As far as the August 01, 2018 scheduling conference, I expect that someone will probably file a proposed schedule and that may get moved or even cancelled.
I expect there is a good possibility that Kickstarter will file cross claims against Ken Whitman, but we will have to see what happens with their answer. I suggested that Whitman might want to contact Kickstarter and talk with them about the whole situation, since I can not imagine anyone is happy about what has happened or the situation he has put them in.
Ken Whitman in a video on the comic book store web site has gone back to calling himself Whit Whitman. I talked with Ken Whitman today by email and he claims that it is a stage name going back to 1991, but until this whole situation had been going on for months I had never heard or seen him use Whit as his name, plus numerous other people seemed surprised at Ken going by Whit Whitman.
I sent the complaint and summon to a process server last Saturday to be served on Kickstarter before the July 4th holiday. The server tried to serve them yesterday, Tuesday, July 03, 2018, but no one there was willing to accept on behalf of the company. The process server did talk to their 'corporate counsel' by phone and he agreed to accept service at 10am on Monday, July 09, 2018.
I also started talking to Marcus King but he seems to be somewhat upset at the questions I have posted online but hopefully he will calm down as time goes on. I inquired as to terms for buying the note that Marcus King has on the second comic book store, so maybe I will end up owning the note on the place if we can come to terms on the note.
It's a damn long way to fly. But I would love to do it. :)
For anyone wanting to serve their own notice
COURT NOTICE: A PRELIMINARY CONFERENCE HAS BEEN CALENDARED FOR AUGUST 1st,2018@11:30 AM IN PART 57, JUSTICE ANDREW BORROK.PART 57 IS LOCATED IN 111 CENTRE STREET ,ROOM 623.THIS IS A MUST APPEAR CALENDAR. THANK YOU, PART CLERK:646 3863657
thanks ZOE and K&Co!
And yes, Ken Whitman was served (verified). Judge denied his request to have it dismissed. I have no other details at this time.
Important. If you backed this project here's information for getting the "best possible cut" dvd pulled together by ZOE. http://snd.zombieorpheus.com/w/gJ892W9r6JIDAx3g8Pv892WktQ
Episodes 28 and 29 of Eric's podcast
Eric Tenkar reporting that CMK is still at the shop that he sold/gave away/never bought/who knows
I had a read through his response. You can see very clearly from the text Ken didn’t get any advice and wrote it himself. He even spells basic legal terms wrong.
He seems to make two arguments. The first is that the New York State court’s don’t have jurisdiction as his interpretation of the Kickstarter agreement says that only disputes with Kickstarter activate the new-York choice of forum clause. In my view this isn’t a completely hopeless argument (disclaimer - not a lawyer, just a law graduate) as the question of whom the parties are in our contract for this video is an extremely interesting one. Did we contract with Ken or with Kickstarter and Ken? If it’s the former, then kickstarters terms would be on shaky ground in this dispute (but not completely invalid - if Kickstarter are Ken’s agent negotiating the contract on his behalf then those terms clearly do apply)
Instead of focusing on this line of Enquiry, Ken goes on to make an absurd second argument. Because the money was transferred via amazon payments Amazons terms of service sound superceede putting the right forum as Washington state.
This argument in my view is completely without merit. Use of the amazon payments system is a term of the overall contract between us and Ken. The only involvement in amazon is contracts to transfer the money - the money transfer contract is completed and there’s no argument by Louis that there has been some other error in it.
To be honest though, it would be funny if Louis used this as an opportunity to refile in Washington. As Ken’s already argued Washington is the correct venue, he’d have a hard time escaping that one
I expect we may hear from Whitman in some online forum since usually filings in the case seem to get his attention.
I filed a number of exhibits yesterday, Sunday, May 20, 2018; A through X. I still need to file several more and hope to finish it sometime this week.
Thank you Louis for all you're doing.
This is not at all anything other than simple curiosity, but is there any timetable for the ZOE DVDs?
Whitman did file an answer to the complaint last night at 10:08pm.
Then, Whitman texted me today, 04/29/2018 at 6:38pm EDT
Not the full text but started out as:
Hey, heading back to GA, or is it Vegas? Tonight
Gave the court your answer and motioned to be dismissed. I'm pretty sure that should end it.
Then Whitman babbles on about staying off social media and not being able to be found for any future process of service.
I texted back that I can do discovery now and his motion to dismiss for improper venue may not be ruled on for a while, plus I can just refile in KY and re serve him at whatever address is last in the case. I mentioned that if Whitman had stayed in the Atlanta area longer I had been planning on hiring an agency to locate him for process of service when I was ready to file, but he moved back to KY so that was not necessary.
While Whitman seems to imply that my filing has had 'no effect' on him, Whitman does appear to be almost hysterical in his actions since getting served.
I am baffled as to why Whitman will not simply turn over the raw footage and provide a complete accounting. It would cost him nothing and that would be the end of the case.
I expect this is the start of the expected 'Whitman meltdown'.
OK, I gave some supplemental money to ZOE a bit ago. Does anyone know where they are at in their limited effort?
Whitman said that if I went through with the case, that it was 'pointless' because he would just file bankruptcy.
However, there are two problems:
1: If the project can be proved to be fraud, that is NOT dischargable in bankruptcy.
2: Whitman would need a way to file for d20 Entertainment LLC but can't, since it never existed and can't even be filed for since I hold the name reservation. But at the same time, Whitman is personally responsible for the debts of d20 Entertainment LLC.
Well done, Louis, and thank you
Whitman has posted online several times that 'he was working on the DVDs' and even recently reconfirmed to me he still has the raw footage in text messages.
My view is that I am going to choose to believe these statements as the truth, and if Whitman makes any attempt in the case to say that the footage is gone, I will use those statements to impeach such assertions.
I do fully expect a full accounting, from discovery from records that are not under Whitman's control, will provide the evidence to prove the Kickstarter projects were all part of a ponzi scheme that Whitman has been running for years, where money from new projects were used to keep older projects running plus whatever he took out for himself over the years.
At that point I will be able to present all of the evidence to a number of authorities so they can easily get a criminal indictment against Whitman on all of the projects for fraud and running a ponzi scheme.
Running a Kickstarter project and having it fail due to not raising enough money is not criminal providing a full accounting is made and the money properly spent on the project; running multiple projects that were not possible to deliver on while taking out money for oneself is a classic definition of fraud and a ponzi scheme and is criminal, especially where Whitman started as many projects as possible and have had all of them fail.
I only expect to be able to get the raw footage turned over once the whole matter becomes elevated up to a criminal case by the government, and as part of such a case, has Whitman turn over the raw footage as part of the restitution for criminal charges.
As an additional note, in my initial complaint, I am claiming that Whitman has committed fraud with this project by misusing and misspending the money, plus lying about the amount of money needed to really make what he said. Whitman later claimed online that with the amount requested at Kickstarter that it was not possible to make the 60 minute DVD, so Whitman lied about what was needed just to get his hands on the money and fund his ponzi scheme. Whitman also lied about d20 Entertainment LLC, since that company never existed; Whitman just made the name up to make the ponzi scheme sound more legit and con his marks.
Once fraud is shown, Whitman will not be able to discharge any money owed by a filing bankruptcy, since debts incurred by fraud are non dischargable in bankruptcy.
While Whitman can still mitigate the consequences for what he has done, Whitman appears to be unwilling and maybe even incapable to do so since he has been doing things like this for so long.
I expect that the only way this will and can end is that Whitman will eventually be indicted and serve jail time. I have made several attempts to resolve this project without such a thing happening but Whitman always has a reason or excuse as to how and why he is right and 'there is no problem' with him continuing on the current course that he is on.
The deadline is still running for Whitman to file an answer, but the day after the deadline has past I will be able to start discovery and collecting the evidence to prove fraud and the magnitude of the ponzi scheme that this project was part of.
A few comments to Louis
1) Louis should not settle unless Ken can provide the accounting and the footage. For all the work he put in to lawsuit ... nothing less than these two things should be accepted as part of a settlement. It was never about the money so that should have no bearing.
2) Based on running KS projects, I fully concur that NY is the right place to file.
3) I can answer Louis' question about why Ken would pay for a lawyer. From talking now with multiple people close to Ken over the last several years, I am 100% positive that he has lost the footage through poor project management and failure to use normal backup methods AND that he spent a good portion of the KODT: LAS money on personal expenses not related to the project. So the answer to why say he is hiring a lawyer ... he does not have the footage and a full accounting would open him up to even more lawsuits by people using the answer to fuel their cases. In other words ... agreeing to the lawsuit would fully show he is a crook and an incompetent project manager ... so agreeing to the terms of the suit is not possible.
I did talk with Whitman by text yesterday. I asked if he wanted to talk settlement. Ken did offer me, only, two times only my money plus I would not be allowed to take part in any other lawsuits against him or talk about the project for five years.
I told him that I wanted what was in the original complaint.
Whitman says that he is going to hire a lawyer in New York state; I assume to file an answer to my complaint so I expect to hear from that firm shortly. When Whitman does that then I should get an efiling notification once Whitman's lawyer files an appearance with the court in the case. I do find it strange that instead of just providing a full accounting and turning over the raw footage that Whitman would hire a lawyer, but maybe I am missing something here.
Whitman also talked about how he thinks venue is wrong, but then still offered to settle against me, so it is hard to see why he would offer to settle if venue was really wrong in New York County. I recommended that Whitman research 'minimal contacts' to see that New York County is a proper venue for the case, especially where Kickstarter itself requires New York County as where any lawsuits would be brought as part of its terms of service.
If it does turn out that venue in New York County is not the proper place, then I will file a motion to move the case to whatever jurisdiction is needed.
Go get him Louis. This conman have been getting away with his shit far too long.
Apparently, Whitman did login to Kickstarter on April 14, 2018; but posted no updates or comments on any of the projects. On the same date, Marcus King posted a picture of Whitman holding two pencil bags, of different colors, along with the note that they have been working on them for a while that day.
Some people think the two bags shown are just samples from months ago and that nothing still have been done on delivering on that project, but it is not clear why they would post about the pencil bag project when the time for filing an answer to the complaint and summons on this project is running or why post an update on Marcus King Facebook page when Whitman could just post it on Kickstarter so all of the backers could read it.
That whole thing made no sense. IF Whitman was really in a car accident, and Whitman was not DUI or something else that could void the insurance, most companies would just pay the claim.
This being Whitman, I expect there is a whole lot of things that people are not being told about, plus, except for paying cash for the vehicle, how could Whitman have bought a car like that when only weeks/months prior he was broke? Whitman certainly would not have been able to get a car loan based on income, at least reported income.
Louis, in case you don't see the comment I just left on the Tavern. Ask Ken about the payout for the car accident he claimed he was involved in on May 28 2016?
I wonder if Ken Whitman will post an update about the lawsuit.
Interesting development. Good luck to everyone involved!
Haha, that's about time. Kudos to the man that served him.
It's April, is Ken in prison yet?
Sorry - should have prefaced my comment that the info in my comment is from Tenkar's Tavern.
Just boosting the info if anyone is interested.
You know you are blessed when an Assistant US Attorney reaches out to you with another idea to LEGALLY put pressure on #ConManKen to complete his LEGAL obligations to his backers.
Long story short, the sheer number of #ConManKen's unfinished Kickstarters suggest that #ConManKen is, in fact, engaged in fraud.
As such, I am directing #ConManKen's backers of his various Kickstarters to the following link at the FBI to file a complaint at their discretion:
The link make an FTC complaint is:
You can email me as anonymously as you want if you want at tenkarsDOTtavern at that gmail thing so we can keep a tally. 15 FTC complaints thus far.
Ultimately what you have paid is kinda beside the point. You don't have a contract with ZOE or Jolly for the DVD, they don't have any legal obligations to get you one.
They haven't seen any of your $250 either.
My suggestion if you'd like this back is to file suit in whatever small claims court it is near ken. I would happily chip in to be listed as co plaintiff to get my finds back. Ken can't keep your money, he can no longer deliver the product you paid for.
Let me add to my previous post to clarify. I do appreciate and feel sorry for all that Jolly has been through because of Ken's fraudulent actions. I appreciate that ZOE is offering the episodes even though it isn't their responsibility. That's very kind. I don't mind chipping in to help compensate their hard work that must be involved. But I normally wouldn't pay so much for postage that isn't coming from overseas. Can anyone explain the flat rate $20 cost to me? Is this about shipping materials, handling, and postage? I can understand it if there was some explanation. Like most of us, I'm just fed up and disgusted with this whole thing and what Ken has done and continues to do. If I knew where he lived I'd be knocking on his door. I'm truly surprised he hasn't had to answer for any of these kickstarter frauds yet through legal action! I periodically check Not One More Dime to see what/who he's conning now. My frustration comes from simply being a fan of the comic and that I hate being conned; I can only image how some others must feel who were more emotionally invested in this. $250 is $250. That's a car payment, a few month's power bills, groceries for a couple of months, a payment on the four hospitalizations I had last year or the MRI I had last month. This isn't funny and Ken's con has hurt real people. It's not a joke. It's not about pocket money. He screwed up and should make it right. Because it's never, ever, going to go away, Ken, until you do. Never. Until you fix this, it will haunt everything you do from now on. Fix it. Just because Zoe stepped in you aren't off the hook. Not in my opinion.
I'm in receipt of several emails about the "rescued" video files as "print on demand" for $3.99. Great. I already paid $250 to back this project and got nothing out of it thus far. What I don't understand is why, when I fill out the form included in the email, am I being charged $20 for shipping for a disk I'm paying $3.99 for? I live in Utah, not outer Mongolia. Anyone here participating in this "rescue" and know why postage is so damned high? This is still all Ken's fault. He really should be in jail for fraud. That would make me happy, considering how he's treated so many people. Are we past the statute of limitations yet for legal action? Someone please bring me up to speed on the latest on Ken and his ongoing fraud show!
Would filing out both complaint forms (I did the FTC one already) be duplicated work? The ins and outs of this sort of thing are not my skill set.
Just a little heads-up:
What ZOE does have is what Jolly and company plus ZOE were able to get prior to Whitman cutting everyone off.
According to a posting by ZOE, what they have, which is the best anyone can do with Whitman refusing to turn over ALL of the raw footage is:
Quote from posting by Ben from ZOE:
"Hi, this is Ben from ZOE with a few facts regarding the KODT situation.
Several years ago Ken mailed me a hard drive that included a) all of the raw footage from Episode 1, b) some raw footage from episode 2, and c) ZERO raw footage from episode 3, along with a Final Cut X file of his work on the edit. The plan was to complete post-production for him and return the completed project for distribution to backers.
Despite repeated requests over several years, Ken did not provide the remaining footage. His reasons (on the record) have changed several times."
So basically, while ZOE has raw footage of episode 1, some raw footage of episode 2 and NO raw footage of episode 3.
There is mention of files from a dropbox download, but that is supposed to be only 480 resolution. I expect the lower resolution was being used to make the files smaller for the upload/download from dropbox.
As a note, 480 resolution is below HD resolution, and definitely NOT the DVD Blu-Ray level of resolution promised for backers at the $50 and above level but at the moment this is the best anyone, except Whitman, can do.
There is an open offer for someone to being a drive to the Whitman's computer, where the files are stored, and make a copy, but Whitman refuses to allow that unless Jolly and company agree to additional terms that were not part of the original agreement.
Whitman claimed in other posts online that "he turned over the footage over 2 years ago", but I replied that Whitman never mentioned any such thing when I emailed him a copy of my demand letter in April 2016 or any of the emails over the months since then.
It has been confirmed, Whitman is holding the raw footage hostage unless additional terms are agreed to.
Whitman is refusing to release all of the raw footage unless Jolly and company agree to additional terms; this is in spite of the fact that Whitman is obligated under the original contract for use of the IP to turn over all of the raw footage at the end of the project.
Since Whitman never completes any contract, there is no point in even thinking about complying what can only be properly called extortion by Whitman.
One of Whitman's email addresses no longer accepts email because it is full. And the other email address, Whitman no longer responds to. I was able to get some communication by sending a text message to him, but in typical Whitman manner, Whitman refuses to do anything and curses at anyone that contacts him asking what is going on or why he is not turning over the raw footage as he is required to under the contact.
Whitman claims that he turned over the raw footage over 2 years ago to ZOE, but then in text messages with me claims that Zoe does NOT have footage when he texted, "How is Zoe editing footage?" and "I am work8ng on DVDd". (I assume work8ng should be working.)
I don't think CMK is holding anything "hostage," he doesn't have it. Whether he never had it, lost it, or willfully disposed of it out of spite only CMK knows