Monday, September 24, 2012

What Really Led To Cohen's Attempt To Obtain A Restraining Order Against Kelley Lynch In Boulder - An Article For Rolling Stone


From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Mon, 24 Sep 2012 14:40:22 -0500
Subject: Kelley Lynch Corrects The Lies In Robert Kory's Threat Letter To A Journalist, Ann Diamond
To: "*irs. commissioner" <*IRS.Commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, police <police@cityofberkeley.info>, rbyucaipa <rbyucaipa@yahoo.com>, Robert MacMillan <robert.macmillan@gmail.com>, moseszzz <moseszzz@mztv.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, "Hoffman, Rand" <rand.hoffman@umusic.com>, "harriet.ryan" <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, woodwardb <woodwardb@washpost.com>, GGreenwald <GGreenwald@salon.com>, lrohter <lrohter@nytimes.com>

To the IRS and FBI,

I don't believe I have ever addressed the lies in Robert Kory's threat
letter to Ann Diamond.  See below.  The draft article to Rolling
Stone, and publication of that article online, led to the Boulder
restraining order.  I don't know what led to the process server
running around Boulder telling people he had a check for my son that
related to his finger's being ripped off.  Cohen seems obsessed with
that matter.  He even testified about it and the judge refused to let
Rutger take the stand to impeach Cohen,.  I have no idea why this
became an issue.  I don't understand why I was in a mini-Phil Spector
murder trial.  I don't understand Cohen's email to Streeter about Phil
Spector and a gun.  And, I do not understand the testimony regarding
the IRS.  I also do not understand why the judge permitted testimony
and questions by the prosecutor regarding the default judgment or
anything relating to Cohen's fraudulent lawsuit against me.  I now
have 1101 evidence issues.  Of course, I am fully aware of Section
1101 because of Phil Spector's issues.

I think it is astounding that Leonard Cohen had his lawyers threaten a
journalist.  I suppose Hailey did a good job spinning the facts for
Cohen so she need not worry.  I am telling the truth.  Cohen is the
liar and he proved that on the stand.
All the best,
Kelley

Robert Kory’s August 18, 2008 letter to Ann Diamond - which essential
defames and slanders me.

There was nothing defamatory or libelous in the draft article for
Rolling Stone that Ann Diamond dated July 11, 2008.  That post and
Kory’s letter are the two issues that led to the Boulder, Colorado
restraining order which was nothing less than an attempt to silence
me.  I had also been writing Kory requesting information I need for my
federal and state tax returns.  I copied the IRS, FBI, DOJ, and
Treasury in on those emails - although I’m uncertain if the FBI was
copied in at that time.  Kory has clearly noted that the issue was the
publication of this article online.

Leonard Cohen has engaged in criminal conduct.  That includes, but is
not limited to, theft from me in the millions; theft from Steven
Machat; theft from Phil Spector (master tapes and possibly royalties);
the transmittal of illegal K1s to the IRS and State of Kentucky; an
attempt to change the address where I received my mail; etc.  I was
told that he also committed criminal tax fraud and I tend to doubt the
IRS Commissioner’s Staff could successfully argue that this was
negligence and not fraud.  I have not implied that Cohen committed tax
fraud.  I have stated that unequivocally and that is my absolute
opinion.  Kory was clear, in his letter to Agent Tejeda/IRS (see IRS
binder my public defenders were handed), that Tejeda advised him that
he must remain open to my allegations and Kory felt that the matter
became serious when I disseminated an email I received from Agent
Kelly Sopko/Treasury after our meeting.  That email advised me to take
my allegations to Agent Tejeda, together with evidence.  I have done
that and I have also provided the evidence to the IRS Commissioner’s
Staff as well as others.  Ample, irrefutable evidence.

How can Robert Kory state that Leonard Cohen is in good standing with
the IRS?  Only the IRS can make that statement.  Does the IRS think
Cohen paid taxes on the royalty income he received in off-shore
accounts while in possession of a U.S. green card?  The penalties and
interest, as the State of Kentucky suggested, must be astounding.
I made no statement with knowledge of their falsity or reckless
disregard for the truth.  I stand behind everything I have said and,
in particular, everything I discussed with Ann Diamond which made its
way into her article.  Being a lawyer and a liar, Kory has already
moved onto damages - including punitive damages - although it is his
client who is slandering and defaming me.

Leonard Cohen did indeed file a defamatory lawsuit against me.  I was
not served.  The proof of service is fraudulent and contains lies.  I
was unable to read the complaint until it was published online by a
man who has targeted my family, relentlessly.  That was published in
April 2010 when Cohen understood I intended to file a Motion to Vacate
his lawsuit, had spoken to the judge’s court reporter, etc.  Gianelli,
who has aligned himself with Cohen and may have found a sympathetic
ear with Spector prosecutor Alan Jackson about me, even contacted the
court itself.  The lengths he has gone does lead one to seriously
question his motive and it has led me to inform the IRS and FBI that I
personally believe he should be charged with witness tampering,
witness intimidation, and other issues.  I haven’t engaged in fraud,
breach of fiduciary duty, or conversion.  Leonard Cohen has.  Leonard
Cohen has illegally obtained my bank statements.  Why would he need me
to provide him with an accounting?  What is attached to the fraud
retaliatory lawsuit is NOT an accounting.  It is a ledger and it does
not reflect ownership interests in corporations (sham or otherwise),
asset valuations, Cohen’s expenses - including the unbelievable
transaction fees he paid through a corporation for his personal
obligations.  I have repeatedly requested a forensic accounting and
Detective Viramontes/LAPD is clear on that.  It is stated in his
report - time and time again.

I was not terminated for cause.  Leonard Cohen heard I was reporting
his tax fraud to the IRS, flew in from Montreal, attempted
hysterically to get me to hand over the corporate books and records
and meet with him and his tax lawyer to unravel their handiwork.  I
steadfastly refused and he then accused me of “overpayments.”  The
items on the ledger are co-mingled.  My commissions (15% of all gross
royalty streams) are NOT related to my ownership interest in all
intellectual property, commission I am due, etc.  I absolutely fired
DiMascio & Berardo - immediately after they advised me that they were
figuring in a settlement with Cohen for my exposure to criminal tax
fraud.  I was then represented by Mike Taitelman who, at that time,
was clear that Dianne DiMascio let this situation get out of control
and who had a conversation with Robert Kory, advised him he wanted me
protected, and told me Kory said if I cooperated with them, they would
say I was a pawn - if not, they would say I orchestrated this
insanity.  I didn’t refuse to participate in the Los Angeles
proceedings.  I wasn’t served.  Had no idea about hearing dates.  And
was homeless when the default judgment was entered.  The deputy City
Attorney attempted to prove I was served which is absurd - the address
noted on the default was my former home in Brentwood and I was
homeless at the time it was allegedly served - which it was not.
Leonard Cohen filed the retaliatory lawsuit and, immediately
thereafter, advised MacLean’s that he was not accusing me of theft.
He noted that his motive was a massive tax hit.  Journalists cannot
seem to understand this for reasons that are inconceivably bizarre.
The man cannot live in Canada because he has tax and residence issues
there.  He personally told me he abandoned his green card, after Marty
Machat’s death, and obtained a new one because the IRS does not ask
where you filed the year prior whereas Canada Revenue does.  I have
never threatened Leonard Cohen with violence or anything else.  They
are attempting to silence me and the prosecutor appeared to want the
judge to prevent me from posting on the internet or communicating with
journalists.  The judge noted I have a First Amendment right.  Leonard
Cohen’s abuse of restraining orders is unconscionable.  The 2005 order
was obtained by default judgment.

I have addressed the activity with respect to law enforcement in
Boulder as it relates to me.  My attorney, David Moorhead, felt
Leonard Cohen and Robert Kory were behind that activity.  I repeatedly
asked the FBI for their assistance since this activity was crossing
state borders.  Ultimately, the Duty Agent at the FBI advised me to go
to the DA and request an investigation.  The individual who heard my
request was the DA, Mary Lacey.  Then, the Duty Agent advised me to go
to the Attorney General of the State of Colorado.  I have done that.
At some point, I believe they advised me to ask the court in Boulder
to appoint a Special Prosecutor.  I went to trial and was cleared of
obstructing a peace officer when I attempted to report that I believed
I saw a man with his penis out - in a restaurant, in front of a minor.
 I do not understand how you trespass in a restaurant where you are
eating - however, when the Sheriff’s Department attempted to serve the
owner of that restaurant, the manager (who testified that Boulder PD
did NOT want me in that restaurant) told them that the owner no longer
worked there.  Of course he did.  I tutored his niece’s boyfriend at
Boulder Reads! and am well aware of the fact that he was still the
owner.  The judge wanted another jury instruction with respect to
trespassing and I really could not longer deal with the insanity I was
witnessing.  Boulder PD is evidently aware that it has a problem with
pedophiles and it does bring to mind Jean Benet Ramsey.  The Pit, to
my knowledge, did not obtain a restraining order but I think it’s
quite clear that these are used as abusive legal tactics.  I lost a
bag while at The Pit.  The bartender appeared out of it.  I ultimately
asked her to contact the police, went outside to wait for them, they
walked right past me (I only had one Marguerita), and then when I
asked if the police had asked her about the bag, the female officer
became aggressive and pushed me from behind.  At that point, her male
partner advised me that he didn’t want to arrest me and I informed him
that I wanted to be arrested on principal since I was at that point in
time the victim of police abuse and excessive force.  This is when I
understood that Boulder PD lies - in their reports and on the stand,
from what I could tell.  My jurors obviously were clear about it as
well.  David Moorhead handled The Pit matter.  The Governor’s office
was rather astounded that I was charged with trespassing on a public
sidewalk but I’m not - it’s Boulder, Colorado.  LAPD evidently even
contacted Boulder PD, after I attempted to speak to them (at the
instruction of the Attorney General of California), and this prompted
an officer and the Chief’s secretary to roll into my place of work,
asking me if I was dangerous to myself or others.  I was not.  The
armed man standing in front of my desk was.

While visiting my friend at the Hostel, I was arrested.  I was accused
of trespassing although a resident let me in and Matt was a long time
resident.  Ronald Mitchell, realizing he may have liability f me
(due to his deranged tenant, who told people he murdered a 15 year
old, accosting me, etc.) aligned himself with Leonard Cohen.  He was
and remains shameless.  I never harassed Ronald Mitchell.  I reported
the murder allegations to Boulder PD and was told by a man affiliated
with the Birds of Prey (a police officer) that this was the right way
to handle the matter.  He told me I had no way, on my own, to
determine the validity of such accusations.  The man was unhinged,
sitting in the living room watching Hitler and talking about the Aryan
Nation, and not only accosted me but another young woman living there.
 Ronald Mitchell then told his employee, Eric, that he felt he had
liability.  Hence, another fraudulent restraining order.  Mitchell
likes to lead people to believe that his wife works for the CIA.  The
Boulder Hostel is filthy, there are bed bugs, and it is dangerous
which is why I think Boulder PD should open up a substation there.  As
for The Pit - this is a place where minors were routinely served
drinks and they had an above ground pool where drunken young men and
women could jump off the roof and expose themselves to serious
injuries.  Only Boulder would permit this. I have never seen this
before in my life.  My friends who worked at The Sink, across the
street, told me their security would drink - on the clock - at their
establishment.

Yes, one judge in Los Angeles noted that my emails to the IRS
contained allegations of criminal tax fraud and many law enforcement
agencies, including the FBI, were copied in.  Ann Diamond also sent
her article to her former publisher and this is the key issue in this
letter.  The rest is just a bogus narrative.  I tend to doubt I can
create legal liability for Ann Diamond.  In any event, this threat
letter led up to the Boulder restraining order.  I had no intentions
of attending Leonard Cohen’s concert in June 2009 but he does appear
paranoid.  Leonard Cohen and others also apparently did not like the
Friends of Kelley Lynch.  My blogs and email accounts have been
relentlessly targeted - as have my friends, family members, business
associates, and others.  As Ann Diamond well knows, Cohen employs
people to do his dirty work.  She too was targeted and slandered.
Steven Machat received vile emails from Cohen’s fan or fans.

http://www.scribd.com/doc/57416024/Ann-Diamond-Defamatory-Publications