Friday, August 14, 2015

The Proxy Stalker Is Clear: His Criminal Harassment Gives Leonard Cohen & His Lawyers "Ammunition"

From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Fri, Aug 14, 2015 at 8:43 AM
Subject: Fwd: Your blog posted email to Michelle Rice dated Aug 13, 2015 at 11:25 AM
To: "*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 <mike.feuer@lacity.org>, "mayor.garcetti" <mayor.garcetti@lacity.org>, Opla-pd-los-occ <OPLA-PD-LOS-OCC@ice.dhs.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, Whistleblower <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com, Michelle Rice <mrice@koryrice.com>


Hello IRS,

I'm being criminally harassed over Cohen - and have (together with my sons and friends) for six years - and this gives Rice ammunition?  How twisted, predictable, and perverted.  IRS should seize their computers, etc.  I would assume Gianelli's not communicating with Rice right now.  These emails will be used in my federal RICO suit.  No one is this obsessed with a stranger.  And, he remains obsessed with Paulette Brandt, etc.

Kelley


---------- Forwarded message ----------
From: Stephen R. Gianelli <stephengianelli@gmail.com>
Date: Fri, Aug 14, 2015 at 1:01 AM
Subject: Your blog posted email to Michelle Rice dated Aug 13, 2015 at 11:25 AM
To: kelley.lynch.2010@gmail.com


Ms. Lynch,

I am not trying to “elicit information” about your appeals. Based on my 37 years’ experience in drafting, presenting and arguing civil and criminal writs and appeals in the California Court of Appeal (the first two as a law clerk during law school at a firm representing the California Medical Association and other appellate savvy clients) as well as my familiarity with the legal and factual context of the underlying orders you have discussed appealing on your blog, I know far more about the appeals process in general and YOUR pending and threatened appeals than you ever will. I already know what you will file and what the outcome will be.

My email simply points out that your habit of arguing contested facts from your own perspective (as you did in your direct appeal from the 2012 criminal harassment conviction) in the face of a deferential “abuse of discretion” standard of review (which is the standard applicable to orders denying a motion to set aside a default judgment) is a direct path to appellate failure.

So is IGNORING the applicable standard of review in your opening brief.

Of course, you prefer to talk about what you want to talk about, and the applicable  court  rules and procedures  be damned.

But legal rules and procedure do not operate the way Kelley Lynch thinks they should. They operate the way they always operate for policy reasons that are more important that a pro se litigant’s  self-serving conception of “justice” in a given case.

Last, regardless of what you obviously prefer to believe, Michelle Rice is the last person in the world that I am communicating with right now. Therefore, by forwarding my emails to her you are simply giving her more legal ammunition to use against you in the trial court and court of appeal. That is the real irony. Since you are not about to do anything I suggest as the proper way to go about presenting something in court, you are only aiding the opposition.

Very truly yours,


Stephen R. Gianelli
Attorney-at-Law (ret.)
Crete, Greece


____________________________________________________________________________
From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Thu, Aug 13, 2015 at 11:25 AM
Subject: Fwd: Your multiple recent blog posts regarding various appeals
To: 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 <mike.feuer@lacity.org>, "mayor.garcetti" <mayor.garcetti@lacity.org>, Opla-pd-los-occ <OPLA-PD-LOS-OCC@ice.dhs.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, Whistleblower <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com
Michelle Rice,

I continue to be criminally harassed by the proxy stalker.  If you have any questions about my appeals, please hit reply all or wait for me to file them.  Gianelli has not entered his formal entry of appearance in these appeals.

Kelley Lynch

---------- Forwarded message ----------
From: Stephen Gianelli <stephengianelli@gmail.com>
Date: Thu, Aug 13, 2015 at 10:10 AM
Subject: Your multiple recent blog posts regarding various appeals
To: Kelley Lynch <kelley.lynch.2010@gmail.com>

Ms. Lynch,

Your focus on contested facts leads me to wonder whether you have given any thought to the applicable standard of review in each of your pending and contemplated appeals.

“‘Arguments should be tailored according to the applicable standard of appellate review.’ Failure to acknowledge the proper scope of review is a concession of a lack of merit.” (Sonic Manufacturing Tech., Inc. AAE Systems, Inc. (2011) 196 Cal.App.4th 456, 465 [citations omitted].) “In every appeal, the threshold matter to be determined is the proper standard of review — the prism through which we view the issues presented to us. [Citation.]” (People v. Lindberg (2008) 45 Cal.4th 1, 36, fn. 12.)

Failing to provide a fair statement of facts based on the relevant standard of review - as typically occurs when a person without appellate experience prepares the opening brief - risks not only having the justice set aside the brief, but also risks waiving any arguments based on the defective statement of facts.  As the appellate courts have stated, “It is well established that a reviewing court starts with the presumption that the record contains evidence to sustain every finding of fact.”(Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 [Internal quotation marks omitted].) Appellants are “required to set forth in their brief all the material evidence on the point and not merely their own evidence. Unless this is done the error assigned is deemed to be waived.” (Ibid. [emphasis in original].) The failure to provide a fair statement of the facts waives any issue relying on those facts. (County of Solano v. Vallejo Redevelopment Agency (1999) 75 Cal.App.4th 1262, 1274.)

Where the trial court’s order granting relief is within its sound discretion, it should not be disturbed “in the absence of a clear showing of abuse of discretion.” (Shamblin v. Brattain (1988) 44 Cal.3d 474, 478.) “The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason. When two or more inferences can reasonably be deduced from the facts, the reviewing court has no authority to substitute its decision for that of the trial court.” (Id., at pp. 478-479.) Reversal is unlikely where the standard of review is abuse of discretion.

The standard of appellate review of an order refusing to set aside a default judgment is always an abuse of discretion standard. (In re Marriage of Eben-King & King (2000) 80 Cal.App.4th 92, 118.)

This is rarely a winning argument.

Very truly yours,

Stephen R. Gianelli

Thursday, August 13, 2015

The Proxy Stalker Attempts To Elicit Information About Kelley Lynch's Appeals


From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Thu, Aug 13, 2015 at 11:25 AM
Subject: Fwd: Your multiple recent blog posts regarding various appeals
To: 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 <mike.feuer@lacity.org>, "mayor.garcetti" <mayor.garcetti@lacity.org>, Opla-pd-los-occ <OPLA-PD-LOS-OCC@ice.dhs.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, Whistleblower <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com


Michelle Rice,

I continue to be criminally harassed by the proxy stalker.  If you have any questions about my appeals, please hit reply all or wait for me to file them.  Gianelli has not entered his formal entry of appearance in these appeals.

Kelley Lynch

---------- Forwarded message ----------
From: Stephen Gianelli <stephengianelli@gmail.com>
Date: Thu, Aug 13, 2015 at 10:10 AM
Subject: Your multiple recent blog posts regarding various appeals
To: Kelley Lynch <kelley.lynch.2010@gmail.com>


Ms. Lynch,

Your focus on contested facts leads me to wonder whether you have given any thought to the applicable standard of review in each of your pending and contemplated appeals.

“‘Arguments should be tailored according to the applicable standard of appellate review.’ Failure to acknowledge the proper scope of review is a concession of a lack of merit.” (Sonic Manufacturing Tech., Inc. AAE Systems, Inc. (2011) 196 Cal.App.4th 456, 465 [citations omitted].) “In every appeal, the threshold matter to be determined is the proper standard of review — the prism through which we view the issues presented to us. [Citation.]” (People v. Lindberg (2008) 45 Cal.4th 1, 36, fn. 12.)

Failing to provide a fair statement of facts based on the relevant standard of review - as typically occurs when a person without appellate experience prepares the opening brief - risks not only having the justice set aside the brief, but also risks waiving any arguments based on the defective statement of facts.  As the appellate courts have stated, “It is well established that a reviewing court starts with the presumption that the record contains evidence to sustain every finding of fact.”(Foreman & Clark Corp. v. Fallon (1971) 3 Cal.3d 875, 881 [Internal quotation marks omitted].) Appellants are “required to set forth in their brief all the material evidence on the point and not merely their own evidence. Unless this is done the error assigned is deemed to be waived.” (Ibid. [emphasis in original].) The failure to provide a fair statement of the facts waives any issue relying on those facts. (County of Solano v. Vallejo Redevelopment Agency (1999) 75 Cal.App.4th 1262, 1274.)

Where the trial court’s order granting relief is within its sound discretion, it should not be disturbed “in the absence of a clear showing of abuse of discretion.” (Shamblin v. Brattain (1988) 44 Cal.3d 474, 478.) “The appropriate test for abuse of discretion is whether the trial court exceeded the bounds of reason. When two or more inferences can reasonably be deduced from the facts, the reviewing court has no authority to substitute its decision for that of the trial court.” (Id., at pp. 478-479.) Reversal is unlikely where the standard of review is abuse of discretion.

The standard of appellate review of an order refusing to set aside a default judgment is always an abuse of discretion standard. (In re Marriage of Eben-King & King (2000) 80 Cal.App.4th 92, 118.)

This is rarely a winning argument.

Very truly yours,

Stephen R. Gianelli
Attorney-at-Law (ret.)
Crete, Greece




Leonard Cohen's Latest Sophomoric Narrative


From: Kelley Lynch <kelley.lynch.2013@gmail.com>
Date: Thu, Aug 13, 2015 at 9:27 AM
Subject: 
To: jarkko@arjatsalo.fi, "*irs. commissioner" <*IRS.Commissioner@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 <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com, Michelle Rice <mrice@koryrice.com>


Jarkko Arjatsalo,

I see that your site continues to slander me with yet another inane Leonard Cohen narrative.  It's right up there with his stories about Phil Spector, Janis Joplin, Bay of Pigs, Yom Kippur War, and his participation in CIA's MKULTRA.

Leonard Cohen feels harassed because he failed to serve me, refuses to provide me with IRS required tax information, and I (as well as my sons and others) have been relentlessly targeted by the criminal stalker, Stephen Gianelli.  That's fascinating.  

I have a right to seek legal remedies.  Cohen, on the other hand, has no right to slander and defame me.  Why don't you take a look at my son's declaration.  He hasn't been in touch with Cohen but has been relentlessly targeted by Gianelli and other psychopaths.  That would include, but is not limited to, Phil Spector's former assistant Michelle Blaine and Cohen's fan Susanne Walsh.

There has been no psychological evaluation.  Cohen is the individual with the long and publicly documented history of drugs and alcohol abuse and psychiatric problems.  He has now decided that we were "lovers" and the City Attorney was only too happy to work with a "domestic violence" quack although there was and remains no "domestic violence."  I have, of course, filed a motion to vacate the fraud domestic violence order and do intend to pursue these matters to the U.S. Supreme Court.  I also plan to file a federal RICO suit against Cohen since LA Superior Court seems to think that failure to serve someone together with fraud and perjury are perfectly acceptable.

I am well aware that your site is approved by Cohen and his representatives.  I am also aware of the fact that Stephen Gianelli is a criminal proxy.

Kelley Lynch

http://riverdeepbook.blogspot.com/2015/07/declaration-of-john-rutger-penick-filed.html




COURT DENIES KELLEY LYNCH'S 2ND REQUEST TO VACATE $7M JUDGMT

Postby stephengianelli on Thu Jun 25, 2015 8:40 am
On June 23, 2015 Los Angeles judge, Robert L. Hess, denied Kelley Lynch’s second motion to vacate Leonard Cohen’s 9-year old $7M default judgement based on, among other allegations, Ms. Lynch’s claim that she was never served with the suit. (The same judge had already ruled on January 17, 2014 that the suit was properly served on her and that she had actual notice of it.)

If you are interested in reading further, Kelley Lynch posted Leonard Cohen’s opposition to the motion here: http://www.scribd.com/doc/267109127/Leo ... -15#scribd 
Some highlights:

Lynch’s motion exceeded 1,100 pages in length and attached hundreds of written communications between Leonard Cohen’s former and present attorneys.

On April 29, 2015 Judge Hess granted Cohen’s motion to seal that attorney-client privileged correspondence that Lynch obtained while Cohen’s manager.

As Lynch later admitted, she supported her motion with a number of declarations that Lynch (and not the witnesses) signed the declarant’s names to (referenced in Cohen’s opposition as “fabricated”).

As a result of what Cohen believes to be the frivolous and harassing nature of Lynch’s motion, he has filed a motion for “non-monetary” court sanctions (including ordering the return of attorney-client privileged documents and barring Lynch from further filings in the case) which Lynch posted here:http://www.scribd.com/doc/267108521/Leo ... -15#scribd 

Lynch has stated in mass emails and on her blog that she will now take the following actions:

1. Appeal Judge Hess’ ruling “to the United States supreme Court if necessary”;

2. Sue Cohen + his attorneys for damages in federal district court, attaching the same correspondence that Judge Hess sealed;

3. File a petition in United States Tax Court, attaching the entire 2005 file resulting in the loss of custody of her son (that she blames on Cohen) as well as Cohen’s sanctions motion, thereby bringing to the attention of the Tax Court alleged tax improprieties by Cohen dating back to 2001; 

4. File a “motion to vacate” the 2008 Colorado restraining order registered in California that Lynch was convicted of violating in 2012.
stephengianelli
 

Re: COURT DENIES KELLEY LYNCH'S 2ND REQUEST TO VACATE $7M JU

Postby 199Dan on Fri Jun 26, 2015 1:29 am
How sad............................for all involved !
199Dan
 
Posts: 63
Joined: Sun Aug 24, 2008 3:52 pm

Re: COURT DENIES KELLEY LYNCH'S 2ND REQUEST TO VACATE $7M JU

Postby stephengianelli on Sun Jul 05, 2015 7:53 am
You are compassionate beyond words.

Of course it is a little harder to feel compassion for a person who embezzled YOUR entire retirement account just months before you planned on retiring, and instead of expressing remorse dedicated the next decade of her life to trying to destroy your peace of mind and reputation through 24/7 harassment – recently taking the form of 1,000 page, frivolous court filings that cost you tens of thousands of dollars in attorney time to respond to every time a new “motion” is filed – with no end in sight.

Nor do I believe that there is any parity involved between the parties. Of course that is just my personal opinion. You are certainly entitled to your views.
stephengianelli
 

Re: COURT DENIES KELLEY LYNCH'S 2ND REQUEST TO VACATE $7M JU

Postby Patrycja on Mon Jul 06, 2015 8:53 am
Hi Stephen - thanks for the info, once again. I'm of two minds about this: on one side, any info written in any public outlet only fuels the fire - it's what she wants; on the other, fans care about Leonard and want to know how things are progressing, hoping that this longstanding legal battle very finally comes to a positive end for him. 

It seems that LC is more than capable of dealing with the ongoing attacks, though her persistence is at the very least disturbing. What is good, if I can put it that way, is that his people know the kind of person they're dealing with. She has not made, to my knowledge, threats of violence towards Leonard or whoever else she's after, and has not acted on them. Hardly a silver lining, I know, with the ongoing financial and psychological strain that this must be putting those involved through. She just can't seem to accept the truth, the court loss and the lack of attention; seems it's never enough. 

I very much hope that she gets put in some mental facility that limits her contact with Leonard et al, including the Supreme Court, good grief (watch her then try to sue it when she doesn't get her way lol), putting an end to this histrionic, misguided crusade once and for all. I do also hope that she is graced with some measure of peace; this is a hard way to go through life.

Blessings and protection to all involved at the receiving end of all of this.
Will... If It Be Your Will
User avatar
Patrycja
 
Posts: 129
Joined: Wed Feb 25, 2009 5:55 pm

Re: COURT DENIES KELLEY LYNCH'S 2ND REQUEST TO VACATE $7M JU

Postby stephengianelli on Mon Jul 06, 2015 9:22 pm
Patrycja,

Thank you for the kind words.

You should be aware that there are responsible people who believe that Kelley Lynch is capable of violence.

This belief finds support in some of the answering machine that Lynch left on Leonard Cohen's home answering machine. The emotional content of these messages, which have persisted since Cohen fired then sued her in 2005, has been described as "chilling". In some of the messages Lynch says point blank in a very angry voice that Cohen "needs to be taken out and shot". 

Kelley Lynch has also written emails and left voice messages threatening the "execution" of Los Angeles District Attorney Steve Cooley and in 2014 Kelley Lynch was returned to jail for 6-months after she threatened to kill her trial prosecutor Sandra Jo Streeter.

According to a psychological evaluation made public at Kelley Lynch's April, 2012 sentencing hearing, there is a substantial risk of violence on Lynch's part. I am aware of a second expert risk assessment that concludes the same thing.

I believed for a long time that Kelley Lynch was mentally ill and simply could not help herself. Lynch has disproven that hypothesis by showing that she is capable of obeying court orders when she fears incarceration. She obeyed temporary protection orders issued at her criminal sentencing prohibiting further contact with two of Cohen's lawyers and with NYC attorney Bruce Cutler, but pretty much to the day that these orders expired and she go out of jail following her probation violation, Lynch resumed contacting all of these persons.

The fear is that once Lynch is cut off from all avenue to continue to harass Leonard Cohen in court, that the frustration will build until she acts out violently.

I am still on her mailing list and I can assure you that she is an extremely angry person - as one would expect, since she blames Cohen for the loss of custody of her son, the loss of her job, the foreclosure of and eviction from her home, and what she continually refers to as "the destruction of my life".

Unfortunately, she is quite bright and high functioning and not mentally ill in any traditional sense.


Tuesday, August 11, 2015

Kelley Lynch's Questions To IRS & CIA

From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Tue, Aug 11, 2015 at 1:17 PM
Subject: 
To: "*IRS.Commisioner" <*IRS.Commisioner@irs.gov>, MollyHale <MollyHale@ucia.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>, 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 <mike.feuer@lacity.org>, "mayor.garcetti" <mayor.garcetti@lacity.org>, Opla-pd-los-occ <OPLA-PD-LOS-OCC@ice.dhs.gov>, "Kelly.Sopko" <Kelly.Sopko@tigta.treas.gov>, Whistleblower <whistleblower@judiciary-rep.senate.gov>, Attacheottawa <AttacheOttawa@ci.irs.gov>, tips@radaronline.com
Cc: Michelle Rice <mrice@koryrice.com>


IRS and CIA,

I'm working on my Opposition to Leonard Cohen's retaliatory sanctions motion.  Cohen has used my "press release" as evidence of my alleged frivolous motion for fraud upon the court.  I think my questions to IRS and CIA are valid and would like answers.  Let's revisit those questions.  Has Leonard Cohen taken the position that he is in a position to answer on behalf of IRS and CIA?  

Furthermore, Cohen's motion complains that I have mentioned "tax fraud" so IRS will have to respond to that also.

Kelley

Will IRS prosecute singer-songwriter Leonard Cohen for criminal tax fraud?
Was Leonard Cohen a participant in CIA’s MKULTRA program?
Further, Defendant’s Motion was filed for the improper purpose of harassment of Plaintiff and his attorneys in violation of CCP 128.7(b)(1) as evidenced by:  1) the voluminous nature of the filing itself, totaling over 1,000 pages which violates California Rules of Court and contains extraneous and salacious content meant to vexate and harass Cohen; ii) the intentional disclose of Cohen’s attorney-client privileged communications with his former and current attorneys as exhibits to her declaration filed in support of her motion; iii) the false imputation of criminal conduct to Cohen; iv) the false imputation of criminal and unethical conduct to Cohen’s current attorneys; and v) the wholly pretextual use of the sham filing as a vehicle to continue her public campaign of harassment of Cohen as evidenced by her May 7, 2015 “press release” published on her internet blog which repeats the false accusations of criminal conduct made in her motion and threatens future litigation against Cohen and his attorneys.

PRESS RELEASE

Will IRS prosecute singer-songwriter Leonard Cohen for criminal tax fraud?
Was Leonard Cohen a participant in CIA’s MKULTRA program?
            On June 23, 2015, in Department 24 of Los Angeles Superior Court, Judge Robert Hess will determine whether or not he will vacate singer songwriter Leonard Cohen’s default judgment against his former personal manager, Kelley Lynch, and refer Cohen together with his lawyers, Robert Kory and Michelle Rice, to the appropriate authorities for perjury prosecutions and disciplinary actions.  Judge Hess will, of course, be acting without personal jurisdiction over Kelley Lynch as she was never served Leonard Cohen’s legal complaint or summons. 

Los Angeles Superior Court
Stanley Mosk Courthouse
111 N. Hill Street
Department 24
Los Angeles, California 90012
Hearing:  8:30 AM

            The details of the salacious story involving Leonard Cohen, his former personal manager, allegations of criminal tax fraud, and Cohen’s three versions of his famous Phil Spector gun incident now before LA Superior Court can be found at riverdeepbook.blogspot.com.  Journalist Ann Diamond’s article, Whatever Happened to Kelley Lynch, gives a very nice, concise overview of what actually unfolded when Leonard Cohen heard (in the fall of 2004) that his trusted personal manager planned to report his tax fraud to Internal Revenue Service.  After publishing this article (enclosed below) on her blog, Leonard Cohen and his lawyers promptly threatened to sue Ms. Diamond.  To date, the media coverage has been limited to Leonard Cohen’s highly fictional narrative that Kelley Lynch was his disgruntled ex-lover who embezzled his retirement funds, stalked him for no reason whatsoever, and may have wanted to attend his concert.  While this rather entertaining story has a fairy tale ring to it, the reality of the situation is far more scandalous. 
In addition, Kelley Lynch was actually prosecuted for, among other things, annoying Leonard Cohen by addressing the fact that he falsely accused her of having sex with Oliver Stone to stir up a custody matter (that was successful although essentially a default judgment); explaining to journalist Glenn Greenwald (the Intercept) that Cohen exposed himself to Lynch and routinely sexually harassed her; repeating what Mick Brown (UK Telegraph) advised her – that Cohen’s statements/testimony were presented to Phil Spector’s Grand Jury;  requesting IRS tax and corporate information that Cohen is required to provide her; and violating a fraudulent restraining order (primarily used to discredit and silence Lynch) that the Court repeatedly told her (and Phil Spector’s former personal assistant, Paulette Brandt) had expired in 2009.  It was during Kelley Lynch’s 2012 trial for annoying Leonard Cohen that she understood he, former District Attorney Steve Cooley (who prosecuted Phil Spector), and City Attorney Carmen Trutanich had publicly joined forces to target and discredit her.  Lynch has now notified Cohen, the City of Los Angeles, and County of Los Angeles that she will be litigating these issues in federal court.
Kelley Lynch, Paulette Brandt, and Ann Diamond’s interviews for Truth Sentinel internet radio program can be found at the following links:

Truth Sentinel Episode 39 (Leonard Cohen, truth, lies, guilt, innocence, law, MK ULTRA)


Truth Sentinel Episode 40 (Phil Spector, truth, lies, guilt and innocence, murder trial)


https://www.youtube.com/watch?v=PB1WMxTwnHg

  

For those of you interested in the latest legal documents, including declarations, filed in Case No BC 338322, many of them can be found at this link:

Thursday, July 3, 2008
Whatever Happened to Kelley Lynch?

Ann Diamond

Kelley Lynch is the woman accused in 2005 of skimming millions from singer Leonard Cohen’s retirement fund. I knew of her through friends of Leonard Cohen, and had heard her described in glowing terms as the agent who, singlehandedly, saved Cohen’s career in the 1990s.

In early May of this year, Lynch suddenly contacted me. She said she was mainly interested in my perceptions of Cohen as a former friend and next door neighbour in Montreal. At one time I also studied with his Zen Master in California, and had spent time with him on Hydra, Greece.

Not having heard her side of the story (I doubt that anyone has, apart from a circle of her closest friends), I was curious. Over the next few weeks, she shared several documents pertaining to the case including an affidavit written and signed by her older son, Rutger.

Together, they paint a picture very much at variance from the sketchy media image of Lynch as a reckless, delusional woman on the brink of a career meltdown. Lynch's own timeline also includes disturbing behind-the-scene dealings that suggest she may have been set up to take the blame for Cohen's tax situation.

The following account is based on what Lynch has sent me --

Since 2005 when she became the object of media gossip, little if anything has been heard from Kelley Lynch.

A single mother with two sons, Lynch was Leonard Cohen's personal manager from approximately 1988 to 2004, and was known for her skill, hard work, and dedication. Until 2004, Kelley lived and worked in Los Angeles where she still has many friends and acquaintances in the entertainment world including Phil Spector and Oliver Stone.

Her own account of the events that wrecked her career, varies widely from the media portrait of a reckless, delusional woman in the throes of a personal meltdown. The meltdown was real, however. By late December, 2005, Lynch had lost custody of one son and was homeless and living on the streets with her older son, Rutger, who witnessed the chain of bizarre events that had begun a year earlier. 

In 2004, Lynch owned a house in Brentwood, and still worked for Cohen, who owed her money for royalties and other services, but was increasingly involved with his new girlfriend, Anjani Thomas, ex-wife of Cohen’s attorney, Robert Kory.

In retrospect, Lynch believes she was set up by Cohen and his representatives to help cover up a tax situation which made the IRS “nervous.” In September 2004, Cohen’s attorney Weston told Lynch that a financial entity known as Traditional Holdings, LLC could be overturned by the IRS. Lynch, who had been selected as a partner on the entity, became uneasy and consulted a new accountant, who referred her to tax lawyers, who found irregularities in Cohen's tax history, both in the US and Canada where he has residences.

Rattled by what she was hearing – that she was being dragged into criminal tax fraud -- Lynch called the IRS in Washington and also contacted their website. An IRS collection agent advised her to call the Fraud Hotline, which she did.

Told that any further action on her part might implicate her in fraud, Lynch refused to meet with Cohen or turn over the corporate books. At that stage, Cohen’s advisers began claiming that certain payments, distributions, or advances made to her were actually "over-payments." Lynch says their accounting was incomplete and ignored her share of intellectual property, unpaid commissions and royalties, and share in Traditional Holdings, LLC. Apparently Lynch had also been issued K1 partnership tax documents and made a partner on another Cohen investment entity, LC Investments, LLC, without her permission or awareness.

Lynch says an increasingly nervous and desperate Cohen was pressuring her to agree to mediation and told a friend of hers that Lynch was "the love of his life." She and Cohen had had a brief affair in 1990, but Cohen now was offering her 50% of his "community property" as well as "palimony" through lawyer Robert Kory at a meeting attended by Lynch's legal representatives and her accountant, Dale Burgess. To Lynch, none of this made sense at the time.

Meanwhile, the Los Angeles District Attorney's office received an anonymous tip informing them that Lynch was a friend of producer Phil Spector, whom Lynch maintains is innocent. Cohen, on the other hand, had given an interview in which he described a gun-waving Spector who threatened him during recording sessions in 1977.

At around the same time he was offering her “millions”, Lynch says, Cohen was also circulating slanderous stories about her. She believes Cohen encouraged Los Angeles record producer Steve Lindsey, the father of her son Ray, to initiate a custody suit – on May 25, 2005, the same day a 25-man SWAT team from the LAPD, acting on a bogus 911 call, suddenly cordoned off her street and surrounded her home in response to a "hostage taking."

Earlier that morning, Lynch says, her 12 year old son Ray woke up not feeling well. She sent an email to his school informing them she was keeping him at home. When the boy's father found out Ray was home he became agitated and abusive over the phone to Lynch.

Lynch says she had young people who worked for her coming and going that day, and did not want Ray’s father coming to the house and attacking her, as he had in the past. She called her older son Rutger, who was visiting a friend nearby, and asked him to pick Ray up and take him down the hill where actress Cloris Leachman waited in her car. Leachman, a friend of Lindsey, took charge of Ray – just as seven LAPD squad cars came speeding up Mandeville Canyon Road in the direction of Lynch’s house. With them was Ray’s father, Steve Lindsey.

Lynch says she looked out the window and saw armed men on her lawn. Her son Rutger and his friends were telling police there was no hostage-taking, that they had spent the morning with Lynch, and that there must be some mistake. For reasons no one understands, LAPD/Inglewood PD decided to believe Steve Lindsey, who had left the scene.

Police later gave varying explanations about what led up to the incident. West LAPD said they responded to a report that someone heard "shots fired." But a company that oversees SWAT said Lynch would have to have a superior caliber weapon to warrant such a high risk entry. A member of the SWAT team claimed to have seen a note that Lynch’s sister had placed the call stating Lynch posed “a danger to herself and everyone around her.” Her sister denies this.

Lynch stayed inside her house and called her former custody lawyer, Lee Kanon Alpert. She also called Leonard Cohen, assuming he had played a role in the events unfolding on her lawn. Lynch says she knew Steve Lindsey had also been meeting with Cohen and his attorney, and had recently told their son Ray that Lynch was “going to jail,” upsetting the boy. She says Cohen taped the phone call later used in his successful court case against her – for which, Lynch says, she never received a summons.

Lynch says, “Police were on my hillside and crouching under my kitchen window.” She says the standoff on her lawn continued for several more hours, disrupting the neighbourhood. Members of Inglewood Police Department also participated in the operation.

Eventually, she decided to go into the back yard. Seeing her son Rutger acting as a “human shield and hostage negotiator,” Lynch ventured out front with her Akita on leash and joked to the cops: "Who am I supposed to be holding hostage? My dog?"

The police responded by telling her son they would only shoot Lynch and her dog if necessary.

“That was when I dove into the pool.”

SWAT team members searched her house. As they entered, Lynch's African Grey parrot, Lou, called out: "I see dead people!" – further alarming the nervous cops.

Offering her a hand out of the pool, one officer said they were only there to help her and not to hurt her.

“No one asked me if I was all right; no one questioned me about my well-being.” The Medical Examiners Office later wondered how the police had evaluated her. After stating they were not arresting her, they handcuffed Lynch, still in her bikini. On her way out the door, her son managed to hand her a brocade jacket.

Although she lived near UCLA Medical Center, she was taken in a squad car to King-Drew Medical Centre in Watts, 40 miles away and a three-hour drive in traffic. Known as one of America’s worst hospitals, King-Drew was recently closed down as a place where patients routinely die from neglect and medical errors. During the long ride through South Central Los Angeles, Lynch says she was questioned closely about her relationship with Phil Spector, who had been charged with first degree murder of Lana Clarkson. In the car, Lynch voiced concern over what awaited her at the hospital but was told by a woman cop: "This will be good for you."

“I felt I was being kidnapped”.

At Emergency, the admitting psychiatrist administered anti-psychotic drugs without authorization and left Lynch in the waiting area for hours, still in her bikini and brocade jacket, and handcuffed to a chair. A nurse advised her she would be transferred – but did not tell her where. Examining her file, the nurse noticed it listed her as 19 years old with wrong social security number, wrong date of birth, wrong religion, and her name misspelled as "Kelly Lynch" Lynch thinks it was the same file she had seen, several months earlier, in the hands of the Special Investigator who came to question her about Spector.

A second doctor told her to wait her turn to ensure no further harm would come to her, and assured her that nothing in the King Drew report could cause her to lose custody of her child. The following day, she was released after nearly 24 hours in the psych ward.

Back home, Lynch learned that while she was being held at the hospital her younger son's father, Steven Clark Lindsey, had filed for custody of her son Ray Charles Lindsey and obtained a restraining order denying her access to the boy. She says Lindsey attempted to convince doctors at King Drew that she was dangerous, in order to have her committed, She says Lindsey also threatened the psychiatrist who had her released.

On that same day, Cohen’s attorney Robert Kory filed a Declaration in the custody matter, as did Betsy Superfon (a friend of Cohen, Kory and Lindsey who had befriended Lynch a few months earlier ). Superfon later told Lynch she didn't realize what she was signing, and that Cohen had offered Lindsey money “or something else” to take Ray away from Lynch.

Her older son alleges Lindsey offered him money to go to Leonard Cohen's lawyer's office and transfer or sign over Lynch’s house to Cohen or his attorney Robert Kory. Rutger refused and phoned his own father, who advised him to contact a lawyer.

Two weeks later, in early June, as she drove down her street to buy dog food, a Mercedes sped out of a neighbouring driveway and rear-ended her car, Lynch was thrown forward, fracturing her nose against the steering well, and was knocked unconscious. Later, she says, as she drove back up the hill to her home, the same driver was standing in his driveway and called out: “We are watching you” as she passed.

Seeing his injured, bleeding mother enter the house, her older son again phoned his father, who may have called 911. Accounts vary as whether the call referred to an incident of "domestic violence" or a "drug overdose." Either way, police arrived at Lynch’s door for the second time in two weeks. Over the protests of her son, they entered while she was on the phone to a friend, Dr. Wendi Knaak who stayed on the phone talking with Rutger while police again handcuffed Lynch. This time they took her to UCLA hospital where her obvious head injuries were ignored. Instead, she was once again drugged and placed in the psychiatric unit where she remained for several days.

Lynch and her advisors maintain these events were coordinated by Cohen, Kory and Lindsey, with the help of former LA District Attorney Ira Reiner in a well- orchestrated plan to traumatize and discredit her – paving the way for media stories which accused her of skimming millions from Cohen’s retirement fund.

In the summer of 2005, as Lynch was struggling to save her home and protect her child from a father her friends describe as "viciously anti-social" and “violent”, reports of Leonard Cohen's financial troubles hit the press. They alleged the 70-something singer had been scammed by his personal manager, Kelley Lynch, who colluded with an advisor at the AGILE Group in Colorado to send him false financial statements while emptying his accounts of millions of dollars.

Although listed as the owner of Traditional Holdings, the entity in question, Lynch says she never received any statements from the AGILE Group -- who instead had been sending them to Cohen -- having changed her mailing address to Cohen's home in Los Angeles. She has since filed a complaint with the US Post Office for mail tampering.

NOTE:  It appears that Leonard Cohen, or his representatives, attempted to change Lynch's mailing address from her home in Brentwood, California to his home in Los Angeles, California.  A Complaint was filed with USPS.

She insists Cohen sued her because she went to the IRS about his tax situation. She says he is not, and never was, "broke" and that missing funds went to buy homes for his son Adam Cohen and girlfriend, singer Anjani Thomas, ex-wife of Robert Kory. Noting Cohen is famous for his financial largesse and once gave Zen Master Sasaki Roshi $500,000 as a gift, Lynch also cites hefty payments to advisers, various transaction fees, personal taxes, and other monies which may have been sent offshore.


While Cohen and Lindsey attempted to persuade others, including LA Superior Court, that she intended to flee to Tibet or another non-extradition country, Lynch was isolated and penniless and still in Los Angeles. Lynch was former personal secretary to the late Chogyam Trungpa Rinpoche, a flamboyant Tibetan spiritual teacher who founded Naropa Institute in Boulder, Colorado in the 1970s, and died in 1987. She says various Tibetan lamas are praying for her safety.

NOTE:  Lynch was a student of Chogyam Trungpa Rinpoche; resided with his son (her nephew) for years; and was Kusum Lingpa Rinpoche's personal assistant and is his chos kyi dags mos and lineage holder.

Journalists covering the story were either unable, or didn't bother, to track Lynch down, and most reported Cohen's statements as fact. The NY Times contacted Kelley for a quote which they never printed

By July 2005, Lynch had lost her custody battle and Ray went to live with his father. On December 28, she and Rutger were evicted from the house in Brentwood, and ended up homeless in Santa Monica, which has no resources for the homeless. The Police Department gave her no help and, she claims, laughed when she brought in evidence that she was being stalked by a known serial killer while she camped on the beach.

In 2006, Cohen was awarded a symbolic $9 million settlement in a civil suit against Lynch, who still does not have a lawyer representing her. Corporate books and other evidence of fraud appear to have been overlooked by Judge Ken Freeman in his judgment, Lynch says, although she admits she has not read the court documents and was never served a summons. At the time of the decision, she told reporters she lacked the money to make a phone call. That same year, her older son lost his fingers in an accident with a meat grinder while he was working at Whole Foods in Los Angeles and Lynch could not afford a bus ticket to visit him in hospital.

Lynch heard through a journalist that Cohen later testified for the District Attorney’s office in a secret grand jury relating to the Phil Spector case with former District Attorney Ira Reiner acting as his lawyer. Reiner is a personal friend of Cohen, and as D.A. presided over some high-profile cases including the “Night Stalker” serial killer and the McMartin Day Care scandal.

Recently, on June 17, 2008, Cohen's lawsuit against the Agile Group was thrown out of court for lack of evidence. In response the AGILE Group dropped its counter-suit accusing Cohen of defamation and fraud. AGILE still claims to be shocked that a singer of Leonard Cohen's talent and stature would engage in false accusations against his own representatives.

Lynch believes Cohen and AGILE colluded to defraud her. She continues to deny all allegations against her, and remains hopeful that Phil Spector's lawyer, Bruce Cutler, will represent her in recouping damages to her livelihood and reputation. She now lives in another state and recently learned her younger son, 15, whom she has not seen since July 2005, stopped attending school last January.

These days Cohen’s fans seem to have expended their rage at Kelley Lynch for driving their idol into bankruptcy. Some now say she unwittingly did them a service -- by forcing him to go on tour for the first time in nearly two decades.

At 74, singer-songwriter Leonard Cohen continues to ride a wave of sympathy, gathering wide support from the music world and even some British royalty. Unquestionably, his career and finances have benefited from news reports that he is too impoverished to retire.

From his tower of song, Cohen has written:

I smile when I'm angry
I cheat and I lie
I do what I have to do
To get by

And I’m always alone
And my heart is like ice
And it’s crowded and cold
In my secret life

My Secret Life. Leonard Cohen

His many admirers need to listen closely.