Friday, May 13, 2016

Kelley Lynch's Email to IRS, FBI & DOJ Re. Ongoing Stalking, Harassment, Etc.

IRS, FBI, and DOJ,

These are the latest harassing emails from the Stalker/Co-conspirator.  The District Court has jurisdiction to hear this case that is not simply “complaining” about a state court judgment.  I wonder how much time has to pass before Cohen feels he needs to serve me the summons and complaint which I have not been served to date.  The allegations of racketeering are plausible.  Nevertheless, we are interested to see how much perjury and fraud is acceptable to our court system.

Gianelli’s excuse for why he is harassing me is pathetic.  Are these the reasons he terrorized my sons for seven straight years; harassed everyone in my life; targeted, slandered and intimidated witnesses; and has vehemently attacked Paulette Brandt?  This man has engaged in criminal conduct and that does not give him the right to continue with that conduct.

I was not fired for theft in 2004.  The issue never arose.  Cohen demanded that I hand over the corporate books and records, meet with him and his lawyer, and unravel these entities/transactions.  I refused.  I also turned down millions of dollars in settlement offers due to the fact that I was being asked to lie about Cohen’s representatives.  Nothing about this situation is common sense to a reasonable person.  Gianelli is a lawyer who represents Leonard Cohen’s legal interests.

I most certainly do not know that my RICO suit is about to be dismissed and if that is the case, it will be appealed.  Furthermore, it will not be the end of the story with respect to the federal tax matters that have been implicated.

Kelley


_____________________________________________________________________________

From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Fri, May 13, 2016 at 7:56 AM
Subject:
To: blind <distribution@gmail.com>


You just don’t get it. It is not the quantity of “fraud” you have alleged (“we are all curious to see how much fraud is enough”) it is a question of the district court’s jurisdiction to hear a case complaining about a state court judgment, the passage of time involved, the lack of plausible allegations of racketeering,  res judicata and other fatal issues.

From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Fri, May 13, 2016 at 4:07 AM
Subject:
To: blind <distribution@gmail.com>


Sorry, I misspoke, of course your suit will be dismissed WITH prejudice.

From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Fri, May 13, 2016 at 3:53 AM
Subject:
To: blind <distribution@gmail.com>


No, I do not think I am Leonard Cohen (as I have made quite clear).

I think I am a retired guy whom you relentlessly harassed, inserted into your invested conspiracy theories, falsely reported to the IRS/FBI for all manner of made up offenses, and generally pissed off.

Now instead of cowering in a corner hoping in vain you go away like your typical harassment victim I am all up in your shit citing chapter and verse why all of your legal theories and successive court filings (to understate it) lack viability.

I am 10 for 10.

Not that it is rocket science.

The fact that you cannot get fired for theft in 2004, get sued for theft in 2005, sustain a judgment against you in 2006, wait until August of 2013 to move to set aside the default, file a second (unsuccessful)  motion to set aside the default 14 months later, then file a federal court action asking for a determination of all of the issues raised by the 2005 complaint and 2006 judgment in 2016 is pretty much common sense to any reasonable person.

I am a lawyer, so I supplied – chapter and verse – all of the technical reasons why your 2016 250 page complaint (with 450 pages of physical exhibits and hundreds more housed on your blog) will be dismissed ON THE COURT’S OWN MOTION under section 1915 (e) BEFORE issuing a summons or bothering the defendants with the suit, citing statutes, rules of court and federal cases by volume, page number, and pinpoint citation page number and (where relevant) also attaching and citing relevant hearing transcripts by page and line number.

Leonard Cohen does not even know about your suit.

When it is dismissed by the court WITHOUT PREJUDICE I will be right for the 11th time in a row, and you will have been proven TO be out in left field – AGAIN.



From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Thu, May 12, 2016 at 9:41 PM
Subject: RE: The Co-conspirator's Latest "Batch" of Harassing Emails
To: Kelley Lynch <kelley.lynch.2013@gmail.com>
Cc: PAULETTEBRANDT8@gmail.com


You are in no position to say on whose behalf I am writing. I am a 62 year old retired guy who lives in Europe and no one is paying me to set you straight on your fantasy bullshit. I wish someone would pay me but they aren’t and your assertion to the contrary is highly implausible, as is your conspiracy theory. I would go so far as to say stupid (to employ a technical legal term).

As should be quite obvious  to you I am not shy and have no need to employ pseudonyms to communicate. Indeed, my email address has my full name in it.  Also I do not make threats. I simply do (or not, as the case may be).

I am still licensed to practice law and as long as I am so licensed, I took an oath to obey the law, always have and will continue to do so.

From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Thu, May 12, 2016 at 10:04 PM
Subject: RE: The Co-conspirator's Latest "Batch" of Harassing Emails
To: blind <distribution@gmail.com>
Cc: alan hootnick <ahootnick@yahoo.com>, Kelley Lynch <kelley.lynch.2013@gmail.com>


I do not speak for Ms. Rice (or Leonard Cohen), but there is no need for ANYONE to direct any communications to the district court. No one has been served yet; indeed no summons has been issued.

These are not “arguments” nor are they based on California law. I am simply speaking legal truth. And I am not doing so on anyone’s behalf.

I have supplied you with volume and page citations to the federal reports. (e.g., Reusser v. Wachovia Bank, N.A., 515 F.3d 855, 859-60 (9th Cir. 2008) – wherein the 9th Circuit held that Rooker-Feldman bars a federal suit arising from a state court judgment where the alleged “extrinsic fraud” was raised and rejected in the state court.)

Read those authorities or not and make up your own mind. But it won’t change the fact that the district court is going to sua sponte dismiss you case any day now.

From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Thu, May 12, 2016 at 10:06 PM
Subject: RE: The Co-conspirator's Latest "Batch" of Harassing Emails
To: blind <distribution@gmail.com>


Obviously, you now know your RICO suit is about to be dismissed, since you are now taking about the next frivolous lawsuit. Some people never learn.