MOTION TO QUASH EXCERPTS:
Defendant
Kelley Lynch moves the Court to quash Plaintiff's fraudulent yet
Permanent Civil Protection Order issued pursuant to Section 13-14-102
C.R.S. on the grounds that Plaintiff committed perjury in his fraudulent
and falsified Declaration submitted to the Court and because Defendant
was not properly served the Verified Complaint/Motion for Civil
Protection Order and the Temporary Protection Order.
After
recently reviewing the Court records, Defendant learned that process
server, Karl Scharck, filed a Return of Service on August 26, 2008
stating he served the Verified Complaint/Motion for Civil Protection
Order and the Temporary Protection Order by leaving it with Defendant
who refused service. This is an outright lie. The process server entered
private property, without permission, and did not attempt to contact
Defendant. He pounded on the door and shoved the document under the
door. Defendant had a witness present. Due to the fraudulent proof of
service Defendant maintains that the Court does not at this time have
jurisdiction. She has attempted to ask Springer and Steinberg if they
would like to serve her properly or reschedule a new hearing but has
heard nothing back.
The
Declaration of Leonard N. Cohen marked as Exhibit A in the Court
records appears to be an entirely falsified and fraudulent document and
proves that Cohen is actually monitoring Defendant. This is an Internal
Revenue Service matter because Defendant went to the Internal Revenue
Service after her lawyers and accountant confirmed that Cohen and his
advisers committed civil criminal tax fraud. Since being told that she
was exposed to criminal tax fraud and used as an unwitting pawn,
Plaintiff’s attempts to crush, destroy, silence, and terrorize her have
been relentless. He has also targeted her children and parents. These
are my responses to the fraudulent statements in Cohen's Declaration:
3.
Defendant was not terminated for cause and no termination was ever
discussed. After receiving a tax notice relating to Defendant’s 2001
return, changing accountants, hiring lawyers, and being advised that she
had been dragged into tax fraud, Defendant refused to meet with Leonard
Norman Cohen and his tax lawyer (Richard Westin) in order to unravel
certain entities. Defendant also refused to bring the corporate books,
records, assignments, stock certificates, etc. to any meeting and this
seemed to pave the way for the abusive and malicious tactics that have
been used against her and her family – presumably to prevent her from
going to the Internal Revenue Service and other agencies, to undermine
my credibility, and prevent Defendant from testifying against Cohen and
his advisers. This is precisely what Defendant intends to do. The emails
to the IRS Commissioner's Staff and others have documented what
Defendant and her family and friends have gone through since Defendant
was advised that she was used as an unwitting pawn and exposed to
Cohen's criminal tax fraud.
These emails and Ann Diamond’s article posted on her public website
lead to the fraudulent restraining order and nothing else whatsoever.
Defendant had no idea that Cohen was even in the country and does not
believe making a good faith attempt to determine what has happened and
where her assets have gone, etc., can possibly be construed as
harassment. Exhibit A - Ann Diamond’s Draft Article.
Defendant
has repeatedly asked for a complete and proper forensic accounting, and
other documentation and explanations, from Cohen and his advisers. The
"ledger" attached to Cohen's fraudulent suit against Defendant in Los
Angeles Superior Court is incomplete and missing a tremendous amount of
back-up documentation and conveniently omits assets owned by Defendant. Exhibit B – Dale Burgess' Fax to Dianne DiMascio & Kelley Lynch dated February 3, 2003.
Defendant
was never a partner on the entity known as LC Investments, LLC and
there are no corporate documents proving otherwise. The Internal Revenue
Service advised Defendant that K1s had been issued to her for the years
2004 and 2005 by LC Investments, LLC. There was also a K1 issued to her
in the State of Kentucky by this entity. Defendant maintains that these
were illegally issued as she was never a partner. Nevertheless,
Defendant intends to claim 99.5% of LC Investments, LLC as her rightful
property due to the actions of Cohen and his advisers. Exhibit E - K1s issued by LC Investments, LLC to Cohen and Lynch and Westin Letter to State of Kentucky dated October 6, 2004.
After
being victimized by Cohen's utterly malicious tactics, Defendant
believes his allegation that she has referred to him in highly offensive
pejorative terms is ludicrous. Defendant maintains that he is
"deranged," a "criminal" who has defrauded the United States government
and perjured himself in a number of courts in the United States, a fraud
who has possibly perjured himself in Phil Spector's "secret grand
jury," and has advised Cohen and others that His Holiness Kusum Lingpa
believes he is an "asshole who is going to hell." Defendant has
disclosed facts that she was privy to regarding Cohen and was advised,
by Norman Posel of Boies Schiller and others, that Cohen was going to
destroy her if she told the truth about him. Defendant mailed the email
sent her by Boies Schiller – stating that they were going to destroy her
- to the FBI in Denver. The truth is the defense to slander. Cohen
himself told Lynch that Freda Guttman advised Ann Diamond that Lorca
Cohen had made comments at Concordia University alleging that her father
had molested her. Lynch was asked by Cohen to speak to her
brother-in-law, Van Penick, about Cohen’s concerns that he slept with a
15-year old nanny and statutes of limitations; residence and tax issues
that concerned him in Canada; U.S. tax credits for donating his body of
work to the University of Toronto; and the fact that Ann Diamond
repeated Freda Guttman’s remarks to her on a public website. Ann Diamond
was threatened by Kory Law Firm around the time Cohen flew into Boulder
to take out a fraudulent restraining order. Defendant views this as a
desperate act – solely meant to silence her and to prevent her from
addressing various issues with Robert Kory and Michelle Rice. Defendant
is representing herself and believes she has a right to determine where
her assets have gone and precisely how much she is owed by Plaintiff.
Boies Schiller, after reviewing a tremendous amount of evidence, advised
Defendant that Plaintiff owed her millions. Given the fact that neither
Cohen nor his advisers will address these issues, Defendant has taken
the position that any monies advanced her, distributed to her or anyone
from Traditional Holdings, LLC, paid to her in accordance with corporate
books and records, given to her without supplying her with a requested
1099, etc., are gifts. Defendant believes Plaintiff should now pay the
gift taxes. Defendant further maintains that Cohen owes the taxes,
penalties, and interest in connection with his advisers work relative to
all entities and Lynch's involvement with said entities for his sole
benefit and with his full knowledge and awareness. Defendant also
maintains that she is entitled to $240,000/year, $20,000/year, and
possibly other distributions, etc., in connection with Traditional
Holdings, LLC – as stated clearly in the corporate books and records. If
there is an accounting issue with respect to Blue Mist Touring Company,
Inc., Defendant believes Cohen should take full responsibility for that
and notes that his former CPA, Ken Cleveland, and her former CPA, Dale
Burgess, both feel the assets allegedly sold by Traditional Holdings,
LLC are still in Blue Mist Touring Company, Inc.
Defendant
reported Cohen's illegal use of her social security number on the
illegally issued K1s from LC Investments, LLC to the Social Security
Administration. She then provided the Internal Revenue Service and
others this information. Defendant believes this is what Plaintiff is
referring to when he states that she made his social security number
public. Defendant does not know if Cohen also committed tax evasion but
his advisers repeatedly refer to this.
Exhibit
F_- King Drew Falsified File on Kelly Lynch and Los Angeles District
Attorney’s Internal Memorandum on King Drew dated April 8, 2005.
Defendant
has no idea how many emails she has sent documenting the destruction of
her life but given the fact that the IRS Commissioner's Staff has been
copied in on most, if not all, of them she feels they can have the final
say. Defendant said Cohen used prescription meth. This is a story that
Cohen himself loved to tell. Cohen also has told the press over the
years that he did drugs so she does not understand why he is now
complaining about this. Defendant believes Cohen has committed egregious
perjury and fraud.
Defendant
maintains that Plaintiff and his advisers have used Nazi-esque tactics
against her – and her parents and children. Defendant does not know what
Plaintiff is attempting to prove here but feels he is merely trying to
gain the sympathy of the FBI in Denver. Defendant feels that the FBI in
Denver is aware that the Aryan Nation exists and they have connections
to meth labs. Defendant brought this up for personal reasons that she
has brought to the attention of the IRS Commissioner's Staff, the
Department of Justice, and others because she felt certain information
endangered her life. Having said this, Defendant was amused to note that
there is an Aryan Nation dating website. Defendant has no idea if the
FBI in Denver lies because she doesn't know them. What Defendant does
know is that she and a Duty Agent at the Denver FBI do not necessarily
see eye to eye on why Officer Storbeck rolled into Deneuve Construction
with the Police Chief's secretary. The Duty Agent did not seem to feel
that LAPD was behind this but Defendant feels they were involved.
With
respect to the firing squad comment, Defendant does not believe she
could assemble one and places an emphasis on the word "should." This is
not a threat but rather addresses Cohen's own desire – as he advised
Defendant – to be killed by a firing squad. This is how Plaintiff told
Defendant he would like to die. Defendant maintains that her response
was tempered and is temperate – given the facts of what has occurred
including Cohen and his advisers targeting her children.
Defendant
believes Cohen hunted her down in Boulder, Colorado, and finds that
deeply disturbing. Defendant has no interest, whatsoever, in Cohen, his
concerts, or his lies. Defendant's attempts to truthfully address what
has gone on with respect to her, Leonard Norman Cohen, Phil Spector, her
parents, her children, and others, is not going to abate. Defendant did
not move from California to evade the jurisdiction of California law
enforcement but would like to determine why she has become well-known to
them when she rarely even had a parking ticket prior to having Cohen's
tax fraud confirmed to her and being told that she could not make any
type of deal. In fact, Defendant was told that her only options were to
amend the tax returns and/or go to the Internal Revenue Service.
Defendant did not trust anyone to amend the tax returns, has no idea
what has actually been done
in her name, and brought the allegations of civil and criminal tax
fraud to Agent Bill Betzer of the Internal Revenue Service, the Internal
Revenue Service via it's website, the State of Kentucky, the California
State Franchise Tax Board, and has provided evidence to the IRS
Commissioner's Staff via their email address *IRS.Commissioner@irs.gov.
Defendant met with agents from the U.S. Treasury Department and advised
them that she believes her son's custody matter arose from her discovery
of Cohen's tax fraud. Robert Kory's Declaration is evidence of this.
Agent Sopko provided Defendant with the name of the head of fraud for
the IRS in Los Angeles. Defendant then contacted him and provided him
with information she felt might be relevant. Exhibit G - Agent Kelly Sopko's email to Kelley Lynch dated March 6, 2007.
Defendant
maintains that Cohen's sole motivation for filing a fraudulent lawsuit
against her is the fact that she brought the allegations of tax fraud to
the attention of the IRS Commissioner's Staff, Mr. John Maunts – State
of Kentucky, and others. Defendant maintains that Cohen is disturbed
that his attempts to silence, terrify, crush, and destroy her did not
work. This is evidence, to Defendant, of what this man is capable of –
including attempting to have Defendant and Phil Spector take the fall
for him. Defendant believes Cohen made a deal with the Los Angeles
District Attorney that relates to Defendant and Mr. Spector and may
somehow involve his lawyer, former District Attorney Ira Reiner, who was
apparently guiding Cohen's attempt to have illegal mediations and was
communicating with Lynch’s lawyers. Defendant has mailed evidence that
Cohen and Kory advised Norman Posel, Boies Schiller, and possibly
others, that they were going to destroy her and her children to the IRS
Commissioner’s Staff, the Department of Justice, Agent Kelly Sopko –
Treasury Department, the Denver FBI, and others. Defendant was told by
Greenberg's lawyer, Dan Scheid, that the witness and evidence tampering
the Denver FBI Duty Agent told her would be considered criminal, relates
to Leonard Norman Cohen, Robert Kory, and possibly
Steven Clark Lindsey, Betsy Superfon, and others. Defendant has asked
the IRS Commissioner's Staff, the Department of Justice, Agent Kelly
Sopko – Treasury Department, Phil Spector, Bruce Cutler, Doron Weinberg,
and others, to investigate these allegations.
Defendant
has repeatedly made it clear to Cohen, his advisers, and others that
she plans to address all of this in a legal manner. She refuses to stoop
to rotten, shabby, malicious legal tactics. Defendant and others
believe this particular matter, and the fact that Cohen was so
desperate that he flew into Boulder, is evidence that he is insane,
unstable, desperate, and volatile. His lawyers are merely liars, from
what Defendant has experienced, who are willing to lie in court and in
documents filed with the court, and who should be investigated and disbarred
– and probably charged with aiding and abetting an attempted cover up
of criminal tax fraud and arrested. In fact, a former attorney for
Leonard Norman Cohen (Ed Dean) told Lynch this: If the IRS Commissioner
believes there is fraud and not negligence he will come in after the
lawyers and accountants as well. Defendant believes the IRS should
investigate the roles Cohen's various advisers played in his various tax
planning schemes.
Given
the fact that Kory "himself" has written Defendant that the IRS will
demand to review certain matters going back many years, Defendant
wonders why Cohen did not go to the IRS with her – particularly if he
believes he was defrauded by his advisers. Defendant also wonders why –
after alleging that Neal Greenberg had committed securities violations –
Cohen did not go to the SEC as she did. All of this leads Defendant to
believe that Cohen, Greenberg, Westin, and others, conspired with one
another and planned the lawsuits in LA Superior Court and the U.S.
District Court in Denver. It certainly gives the appearance that they
have acted in collusion. The result of these suits appears to have been
to discredit Defendant while protecting one another and attempting to
cover up the fact that all these parties were involved in creating and
structuring these entities and in the creation of this complicated tax
scheme - for the sole benefit of Leonard Norman Cohen. In fact, Neal
Greenberg is attempting to take cover behind Defendant. He has been
advised not to use any documents or information she permitted Boies
Schiller to review in an attempt to defend himself. Defendant was
egregiously used by his lawyer, Norman Posel, when he worked for Boies
Schiller – after he was asked by His Holiness Kusum Lingpa to protect
her.