Monday, June 15, 2015

Leonard Cohen & His Operatives

From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Mon, Jun 15, 2015 at 1:36 AM
Subject: Re: Your halariously clueless blog posts
To: Dan Bergman <dbergman@bergman-law.com>, Michelle Rice <mrice@koryrice.com>, "*IRS.Commisioner" <*IRS.Commisioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>, ASKDOJ <ASKDOJ@usdoj.gov>, "Division, Criminal" <Criminal.Division@usdoj.gov>, "Doug.Davis" <Doug.Davis@ftb.ca.gov>, Dennis <Dennis@riordan-horgan.com>, MollyHale <MollyHale@ucia.gov>, nsapao <nsapao@nsa.gov>, fsb <fsb@fsb.ru>, rbyucaipa <rbyucaipa@yahoo.com>, khuvane <khuvane@caa.com>, blourd <blourd@caa.com>, Robert MacMillan <robert.macmillan@gmail.com>, a <anderson.cooper@cnn.com>, wennermedia <wennermedia@gmail.com>, Mick Brown <mick.brown@telegraph.co.uk>, "glenn.greenwald" <glenn.greenwald@firstlook.org>, Harriet Ryan <harriet.ryan@latimes.com>, "hailey.branson" <hailey.branson@latimes.com>, "stan.garnett" <stan.garnett@gmail.com>, mike.feuer@lacity.org, "mayor.garcetti" <mayor.garcetti@lacity.org>, OPLA-PD-LOS-OCC@ice.dhs.gov, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, whistleblower@judiciary-rep.senate.gov, AttacheOttawa@ci.irs.gov


Hello IRS, FBI, and DOJ,

The pathetic criminal harassment continues.  My letter to Cohen's attorneys of record is self-explanatory.  

All the best,
Kelley

On Mon, Jun 15, 2015 at 1:35 AM, Kelley Lynch <kelley.lynch.2010@gmail.com> wrote:

Daniel Bergman and Michelle Rice,

Mongochili, who has criminally harassed me for years now, works in tandem with Stephen Gianelli.  This individual, who may be a Gianelli alter ego, is now using numerous email address to harass me.  I blocked its ability to harass me via Guerilla Mail.  I will now contact gmx.com.

I find it impossible to believe that Gianelli, his criminal comrades, or anyone on this earth would be this interested in Leonard Cohen, the tax fraud matters, or the default judgment issues that are now before Judge Hess in Case No. BC338322.  The two of you are the attorneys of records and I will not be addressing issues related to that case with parties who engage in what I view as egregious criminal conduct.  I will bring the ongoing harassment, slander, threats, etc. to the attention of Judge Hess.  I view this campaign of terrorism, that extended to both of my sons and elderly parents, as a tactic that has been used against me and witnesses in this case.  In fact, every witness who has prepared and provided me with a credible and viable declaration was criminally harassed by Stephen Gianelli.  That excludes my mother.  I am waiting to see how low Leonard Cohen, and the operatives, will stoop.  Nothing surprises me any longer apart from the Court's tolerance of the abusive tactics and litigation misconduct.

I can assure you that I will not be listening to preposterous arguments about the "merits" of this case when it is being addressed by a vile and vulgar individual who clearly has bias and motive.  Complaints that are fraudulent misrepresentations cannot be deemed true.  They are most certainly not true when presented to Internal Revenue Service and Franchise Tax Board at which point they are entirely perjured documents that are nothing other than a fabricated narrative conjured up to fit Cohen's need to argue rescission and fraud in an attempt to explain away these transactions and his role in them.

There is nothing confidential about Robert Kory's Memorandum but it is of interest to note that Mongochili would focus on that.  I had no confidences with Robert Kory and wouldn't if my life depended on it. Robert Kory targeted my son and nothing on earth will change my mind about that fact. I never agreed to any mediation so this Memorandum was not prepared for mediation.  I refused to accept offers such as 50% community property because I felt I was being asked to provide false testimony about Cohen's representatives.  That would include, but is not limited to, the Grubman firm and Greg McBowman.  

Judge Hess, not a criminal engaged in harassment and slander, will decide what order to grant or not to grant.  I will then appeal any adverse decision to the U.S. Supreme Court if possible.  I also intend to file a federal RICO lawsuit and have been quite clear about that fact.  This case has implicated endless federal tax matters and Leonard Cohen will not be shifting the blame to me for his and/or his representatives' conduct.  Is it a motion to reconsideration or is that wishful thinking on your part?  

Mongochili is quite aggressive and angry.  What would be this criminal's overwhelming interest in this case?  I tend to doubt a reasonable individual would find they are merely interested bystanders who have decided to relentlessly target, slander, and harass me and others.

Any request to return documents, or adverse order on the part of LA Superior Court, will be appealed promptly.  Leonard Cohen did not fire me.  I refused to meet with him and his tax lawyer, Richard Westin, after Cohen heard I was reporting his tax fraud to IRS.  Corporate documents that were sent to me are not Leonard Cohen's.  Documents available on PACER, attached to Neal Greenberg's lawsuit, etc. are not Leonard Cohen's.  I did not have attorney client privilege with Leonard Cohen and/or any of his representatives.  I was an independent contractor and that is one of the reasons I have requested - for 10 straight years now approximately - IRS required form 1099 for the year 2004 from Leonard Cohen.  Furthermore, this evidence was submitted to Internal Revenue Service and will be submitted to federal court.  Will I be facing contempt charges?  Well, not only do I intend to vacate the fraudulent domestic violence order but I will now address the related case with Judge Hess and advise him that I am being threatened with it.  I have already raised this case in prior documents.

Interesting argument about "perjury."

I wouldn't trust anyone related to Cohen to give me an opinion on "full faith and credit" based on the fraud with respect to the unlawful registration of the Colorado order (granted without an evidentiary hearing and nothing other than a tactic) in California as a "domestic violence order."  I believe Rice testified that she spent months researching how to register that foreign order.  

No one has harassed Leonard Cohen or his lawyers.  It's another tactic that permits Leonard Cohen to argue that he is the victim when nothing could be further from the truth.

I never thought I was Cohen's muse and could care less.  It seems as though some of the criminals targeting me are sycophants.  Cohen and I were never lovers and Mongochili writes like a two-bit con artist and hustler.

Nothing is over.  I will pursue every legal remedy available under the sun.  I haven't violated any court orders.  See the Boulder Combined Court's data print-out which contains the dated February 15, 2009 and the word expired.  The Court's employees interpreted that to mean the permanent order expired.  I am aware that the order was used to entrap me and, during my 2012 trial, Leonard Cohen and former DA Steve Cooley publicly aligned themselves in targeting me.  Of course, I am certain that matter interests Phil Spector.  However, you would have to ask Mr. Spector personally.  I tend to doubt you'll get a response based on what I understand his views of Leonard Cohen are.


Kelley Lynch



---------- Forwarded message ----------
From: <Mongochilli@gmx.com>
Date: Mon, Jun 15, 2015 at 12:51 AM
Subject: Your halariously clueless blog posts
To: kelley.lynch.2010@gmail.com


Lynch,

You just don't get it - or maybe you do and just don't care.

First and foremost, the entry of Leonard Cohen's default judgment had the legal effect of confessing all allegations in the Complaint. Unless and until the judgment is set aside (which, nine years down the road ain't gonna happen) all facts alleged in the Complaint are deemed to be true. All rights on your part to contest the merits, argue alternative theories of what happened, introduce new evidence, make related counter-claims, or to claim "perjury" in any court have been forfeited.

Additionally, even if you were allowed to contest the merits in court, the Kory Memorandum is a confidential settlement communication and is inadmissible for any purpose - because it was prepared for mediation. It may not even be mentioned, let alone stand as proof of anything in any court of law.

Any successive attempt to ask for the same order (in your case the 2013 request for an order vacating the default, and then your 2015 request to vacate) is deemed to be a "motion for reconsideration" - even if you name it something else or support the motion with different grounds. And as a motion for reconsideration your motion fails - because you failed to file the required supporting affidavit with your moving papers, let alone tick all of the required boxes in that affidavit. On that basis alone Judge Hess doesn't even have jurisdiction to entertain your motion, let alone grant it.

Your blog posted statements that you don't really care whether you win this round in court, that Judge Hess "can have my fee waiver", and vowing that Leonard Cohen. Will not "get away with" throwing your ass out on the street without so much as a dime to your name, all further confirm your bad faith motive in filing the motion in the first place.

You are wrong about something else: The sanctions motion does not merely seek forfeiture of your fee waiver; it seeks a lot more, including an order for the return of all documents that you retained after Cohen fired you, including attorney-client correspondence and corporate documents. Then, if you fail to comply, you will be facing contempt charges AGAIN.

As for your broken record that "perjury" was committed when the 2006 default judgment was obtained, as made explicit by YOU OWN CITED AUTHORITY and the cases cited in the opposition that you helpfully posted on Scribed.com, after the time to appeal a judgment has expired, the judgment MAY NOT be set aside based on alleged "perjury" going to the merits of the judgment. Like the Kory Memorandum it's just not relevant of admissible. You can't even talk about it court. Your allegations of perjury are of no legal consequence - even if true (which they aren't).

Regarding your threat "move on to federal court", under the Commerce Clause of the United States Constitution, federal statute, and 9th Circuit Court of Appeals case law, the federal district court must give "full faith and credit" to the 2006 judgment and must treat it with the same rules applicable in California state court, INCLUDING the FACT that all allegations in the Complaint are deemed to be TRUE, and that all findings made in the judgment itself - including that Cohen owes you NOTHING - are binding on you in any federal court suit.

Not only that, but your 2012 criminal conviction is an ABSOLUTE BAR to any contention by you in a federal court complaint that you were wrongfully arrested, wrongfully convicted, or were innocent of either criminally harassing Leonard Cohen or of violating the 2008 Colorado protection order.

But there's more.

All of your theories of recovery against Cohen, either for breach of contract, "theft" of your intellectual property rights, false arrest, fraudulent tax returns or refunds, or under the RICO statute are TIME BARRED.

It's not just any one of the foregoing that would bounce you out of federal court in a heart beat, it is the TOTALITY of these factors that make it IMPOSSIBLE to sue Cohen or his advisors on ANY THEORY at this point.

You have no legal grounds to stand on. Only some buzzwords you found on-line that you don't understand and do not give you cover for what we all know you are really doing, have been doing since 2005 - seeking revenge against Leonard Cohen through a decade of criminal harassment.

You thought you were Cohen's muse. That Cohen wuved keewee. That just because he banged you a couple of times in the 1980's Cohen would let you rob him blind and not throw you out on your ass. You were wrong on all counts.

YOU are the CRIMINAL who stole here, not the victim.

And the bottom line is you cannot wait ten years after the end of a business relationship and then getting sued to overturn a default judgment OR to pursue legal claims. From a legal standpoint, it's OVER, criminal - except for additional criminal charges if you keep breaking the law or violating the orders of the court.

--Mongochilli