Team Kimberlin Post of the Day


Say, I wonder what has been taking up so much of Brett Kimberlin’s time recently? He’s not spending much time on the Internet as he did earlier this year. Nothing has been posted at Breitbart Unmasked (No, I won’t link to it.) since 23 April. Things have even be quiet at the Justice Through Music Project website (NIWLTI either).jtmp_recent

I found that information on the JTMP Recent Posts page at around 10 on Monday morning. Surely, something related to shedding “light on some of the injustices in the world through the power of music” happened last week. Was Kimberlin too busy working ‘with Congress Members on progressive legislation and oversight hearings” or meeting “with government agencies investigating illegal activity” or generating “petitions that have gathered hundreds of thousands of signatures to focus attention on important issues” to be bothered with the Internet?

Or has he had something else on his mind?

Team Kimberlin Post of the Day


This is another in the continuing series of post about discrepancies in the IRS filing of Brett Kimberlin’s “charities.” The latest IRS Form 990 filed for Justice Through Music Project state that it was formed in 2005.JTMP990date

Yet, the corporate charter is dated 2003.

Even more interesting is the fact that JTMP filed a Form 990 for the 2003 tax year.jtmp990_03

The same individual, Jeffrey R. Cohen, signed the Articles of Incorporation, the 2003 Form 990, and the subsequent 990s filed by JTMP.

Hmmmm.

Team Kimberlin Post of the Day


In corporate law the term ultra vires refers to acts attempted by a corporation that are beyond the scope of powers granted by the corporation’s articles of incorporation, in the laws authorizing a corporation’s formation, or similar founding documents. Acts attempted by a corporation that are beyond the scope of its charter are void or voidable.

Here’s the purpose of Justice Through Music Project according to its Articles of Incorporation.jtmp_purpose

to shed light on some of the injustices in the world with the power of music

Here’s what JTMP says is one of its purposes is on its website.

We also register people to vote using cutting edge technology in order to effect change through the ballot box.

Registering voters may be a worthy activity, but how does registering voters shed light on some of the injustices in the world with the power of music? Is JTMP engaging in activities not permitted by it’s corporate charter?

Team Kimberlin Post of the Day—Part Deux


Earlier today, I did a post about a discrepancy between the State of Maryland’s incorporation records and the IRS filings by Justice Through Music Project. The state records show that the organization was formed in 2003, but the date they’ve put on their IRS Form 990s is 2005. So which date is correct?

The About Us page at the JTMP website says this:

Nationally known entertainment attorney Jeff Cohen and other computer savvy activists founded JTMP in 2003 …

The IRS filings are signed by Jeffrey R. Cohen who is listed as the Executive Director of JTMP. Mr. Cohen is a lawyer with interests in the entertainment business, but he’s not the Jeff Cohen most people think of in connection with an entertainment industry law firm. That Jeff Cohen, BTW, was only 20 years old and still an undergraduate at UCLA when JTMP was founded.

Jeffrey R. Cohen is no newbie to the practice of law. He is admitted to practice in New York, Maryland, District of Columbia, Virginia, and Massachusetts, as well as numerous Federal Courts. Cohen is also the author of West’s Trademarks form volume and has been an adjunct faculty member at his alma mater, Washington University School of Law.

It’s a bit puzzling that Mr. Cohen would have signed off on such an easily detected error and that he did so in multiple filings over many years. Most lawyers are more careful with facts; they have to be. Their Rules of Professional Ethics require it.

Hmmmm.

Team Kimberlin Post of the Day


The Justice Through Music Project IRS Form 990 filed for 2011 shows a date of formation for the 501(c)3 as 2005.

JTMP990dateThe Maryland State Department of Taxation’s records show that Justice Through Music Project was incorporated in February, 2003.

JTMP_SDATdateThat is consistent with the Justice Through Music Project website’s whois information.

JTMPonlinedate

2003 is not 2005.

“Under penalty of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete.” Well, at least someone other than Brett Kimberlin signed it.

Team Kimberlin Post of the Day


The Dread Pirate Kimberlin’s bio over at Brett Kimberlin dot org contains this sentence:

He has worked for and with many progressive organizations, and currently is Director of Justice Through Music, a 501c3 non-profit that works with famous bands, musicians and artists to inspire and motivate young people to engage in civic participation.

Famous bands, musicians and artists …

Uh, huh.

Looking back over the past three months of the JTMP website’s postings, one can find lots of references to “famous bands, musicians and artists,” but only three instances that might be stretched to be considered working with them.

MAR 11, 2013 – An organization that JTMP is part of, “Artists Against Fracking”, have released a music video for their song, “Don’t Frack My Mother”. A funny song featuring many different artists, such as Josh Fox, Sean and Yoko Ono, and a whole bunch of other artists all chipping in for this hilarious protest song that is great for firing up the much-needed opposition to Fracking.

A group that JTMP is a part of made a video. What was JTMP’s participation other than promoting it on their website and YouTube?

MAR 31, 2013 – Occupy This Album
JTMP is excited to announced the album has been nominated by The Independent Music Awards for the “Compilation of the Year”, and voting can be done by YOU! So head on over to the Occupy This Album web site, check out the songs, and then head on over to the Independent Music Awards web site and vote for this album!! Below is a JTMP video of one of the main activist-musicians that helped launch the project, Matt Pless.

That Matt Pless (Is he famous?) video is from a 2009 performance at a public event. Someone they recorded at a public event was nominated for an award for a project that had no involvement by JTMP.

MAY 31, 2013 – Aerosmith, who was blogged about recently by JTMP …

I’ve blogged about musicians too.

Brett Kimberlin says he’s into supporting green projects. Well, the stuff he’s spreading does make the grass grow green—unless it’s over used; then the grass dies.

Team Kimberlin Post of the Day


Back on 1 February, I did a post about the office space rented by Brett Kimberlin’s “charities.” I remember one of his Twitter trolls fussing about how I had published the picture of someone’s residence. Ah, no, that was a picture of the office space for Justice Through Music Project and Velvet Revolution US.

OTOH, there was a rumor that someone was living in the house, and there’s another rumor that said individual is no longer there.

Now, I’m not much on rumors, conspiracy theories, and such, but there is some interesting evidence that tends to support the occupancy/non-occupancy rumors. If someone were living in the house, then the property would be watched by the occupant. If no one were there, other security measures might be necessary. The Before picture is from Google Street View and is consistent with the appearance of the property late in 2012. The After picture is from earlier this month. There is no trace of the alarm company sign in the Before picture.paranoia

Paranoia strikes deep—for what it’s worth.

Team Kimberlin Post of the Day


Over the past decade, Brett Kimberlin has raised a couple of million dollars that have flowed through Justice Through Music Project and Velvet Revolution US. What has really been accomplished with those assets? Just how much impact do Brett Kimberlin and his “charities” have in the real world?

As we saw a couple of days ago, the Justice Through Music Project’s online petition drive against the Keystone XL pipeline is a dud. Has any JTMP petition ever had a net positive influence on a decision maker?

He doesn’t seem to have much of an effective web presence either. Here are the Alexa traffic stats for his main websites:dpk_sitestats_201305His site with the most traffic hasn’t been updated since 23 April. Even a bush league site like Hogewash! has significantly more traffic.

Velvet Revolution US has offered huge rewards for information concerning nonexistent crimes allegedly committed by Karl Rove and the NRA. Nothing has ever been paid out. Of course.

Op-Critical, the JTMP house band, has made a bunch of almost-but-not-quite mediocre music videos that lurk on YouTube; the most viewed of them is probably Exile which stars Brett Kimberlin reprising his imagined role as a political prisoner.

When Brett Kimberlin threatened “CPAC maggots” with a massive demonstration at BlogBash this past March, the best he could produce was one guy with a camera.

So how has any of this brought about change in the real world?

This is not to say that Brett Kimberlin and his cronies have had not any effect. Their lawfare and online thuggery have been bothersome to some people and devastating to others. One wonders how much of that two million dollars has gone into funding those activities.

We may begin to find out soon.

Stay tuned.

Team Kimberlin Post of the Day


cameramanThe Justice Through Music Project house band Op-Critical has been putting out covers of old hits fondly remembered by baby boomers, For What It’s Worth and Paradise most recently. Now that they’ve got footage of a process server and cops that they can use, maybe they will favor us with their version of Indiana Wants Me. One of the members would be a natural for the lead vocal.

frontporch

I’m Not Making This Up, You Know


There’s a new website on the Internet—brettkimberlin dot org (No, I won’t link to it). Here’s some of the WHOIS info for it.

Created On:23-May-2013 01:24:08 UTC
Registrant Name:Brett Kimberlin
Registrant Organization:VelvetRevolution
Registrant Street1:POB 9576
Registrant City:Washington
Registrant State/Province:District of Columbia
Registrant Postal Code:20016
Registrant Country:US

This header appears on all the pages of the site. Mr. Kimberlin seemed older when I confronted him in court last week.BKorgHeader

The site’s description of his career has some holes in it. For example:

Brett Kimberlin is an entrepreneur, progressive activist, social media practitioner, environmentalist, non-profit director, musician, songwriter, legal beagle, and political expert. He has worked for and with many progressive organizations, and currently is Director of Justice Through Music, a 501c3 non-profit that works with famous bands, musicians and artists to inspire and motivate young people to engage in civic participation. In 2004, Justice Through Music co-founded the progressive activist organization Velvet Revolution, which speaks truth to power and takes on corporate and government corruption. Prior to that, Brett was the CEO of LADA International, a company involved in international trade with new countries in Eastern Europe, particularly Ukraine. At age 16, Brett co-founded Good Earth Natural Foods Company and four years later Independent Energy Systems, the latter being one of the first companies in the country focused on Green housing.

There’s no mention of his lucrative business importing and wholesaling marijuana, his experience using explosives, or the 17 years he spent living in government housing.

Brett has also been passionate about protecting the rights of minorities by exposing bigots, hate groups, and bullies.

The principal bully he’s exposed through his shenanigans is himself.

In his work over the past decade, Brett has registered tens of thousands of young people to vote, participated in dozens of election protection seminars and conferences, worked with Congress Members on progressive legislation and oversight hearings, met with government agencies investigating illegal activity, and provided support to many advocacy organizations. His non-profit has generated many petitions that have gathered hundreds of thousands of signatures to focus attention on important issues.

From the point of view of a scientist or engineer, it is possible to waste energy without doing any work. A force is said to do work when it moves a mass through a distance. Brett Kimberlin has expended a great deal of energy, but what has he really changed? What real work has he done. (Say, that bit about “meeting with government agencies investigating illegal activity” is something with which he should have plenty of experience.)

Shameless self-promotion. And definitely not the whole truth.

UPDATE–These domains were registered at the same time:

20130524-115428.jpg
The dot com registration belongs to another person who happens to share the name Brett Kimberlin.

Team Kimberlin Post of the Day


Justice Through Music Project has posted another music video on YouTube. It’s a sorta/kinda cover of John Prine’s Paradise. It’s an anti-natural-resource-extraction propaganda piece aimed at the Keystone XL pipeline. In fact, the band calls themselves the Keystone Pipeline Kops instead of Op-Critical.

Now, if I were Brett Kimberlin, I would avoid having anything to do with any song from John Prine’s first album lest I remind listeners of other songs from that album that might have unfortunate references to drug dealing, porn, etc.

Sam Stone: “There’s a hole in daddy’s arm where all the money goes.”

Your Flag Decal Won’t Get You Into Heaven Anymore: “While digesting Reader’s Digest in the back of a dirty book store …”

Illegal Smile: “Won’t you please tell the man I didn’t kill anyone …”

Just sayin’ …

Team Kimberlin Post of the Day


One of the interesting bits of news yesterday was that the lawyers for copyright troll Prenda Law took the Fifth during a court hearing. It’s unusual to plead the Fifth during a civil trial. You see, remaining silent in a criminal matter isn’t supposed to be held against you, but in civil trial it can be taken as an admission of culpability.

The Gentle Reader who has been following the Saga of The Dread Pirate Kimberlin will remember that Brett Kimberlin invoked his Fifth Amendment privilege during discovery in the Virginia Walker v. Kimberlin, et al. lawsuit last year. How could doing such things as providing access to the books of his “charities” be incriminating?

Watch this space of the answers to such interesting questions as the Saga continues to unfold.

Stay tuned.

Mr. Down Twinkles Stirs a Thought


Mr. Down Twinkles has been back hitting the thumbs down button on posts for the past few days. He gave me a -1 for today’s post on the bogacious $100k rewards that The Dread Pirate Kimberlin has been offering via his “charities.”

If one examines the IRS filings for Justice Through Music Project and Velvet Revolution US, it is clear that, unless they have had a radical change in their financial condition since 2011, they do not have the assets to pay such a reward. That leaves several possibilities.

First, the reward offers are, in fact, bogus.

Second, TDPK has one or more supporters who would underwrite a payout.

Third, either TDPK and/or the “charities” have hidden, unreported assets.

Discuss among yourselves. Comments are open but moderated.

UPDATE–Oh, look! He’s hit the thumbs down button here too. If all this attention keeps up, I may have to get over my pseudobutthurt from being ignored for so long.

Team Kimberlin Post of the Day


The Dread Pirate Kimberlin has a habit of offering big rewards (often $100,000) for things that don’t exist. Here’s his latest via Velvet Revolution US:

Initially, we are asking whistleblowers, insiders, and hackers to release information regarding NRA activities that demonstrate ethical breaches, corruption, or criminality.  If that information is provided to us, we will publicize it and provide it to the FBI.  If the information results in an arrest and conviction, we will pay up to $100,000 to the person who provides that information.

Has Justice Through Music Project or Velvet Revolution US ever paid out so much as one cent on one their rewards?

Dread Pirate #BrettKimberlin and Fund Raising


One of the complaints that TDPK has raised about bloggers who “harass” him by telling the truth about him is that their truth telling has had an effect on his ability to raise funds for his not-for-profits. That blogging began in 2010 and picked up during 2011. How did that affect his fund raising?jtmp20130204

This extract from the Justice Through Music Project IRS Form 990 for 2011 shows a significant rise in contributions from 2010 to 2011. Of course, without the Schedule B (which neither JTMP nor the IRS is obliged to publish), we don’t know if the increase is the result of more big donors, existing big donors increasing their support, or lots of small contributions. If the last case is what really happened, it could be that TDPK was having to work harder to raise money, and keeping track of more contributions would at least partially explain the skyrocketing accounting charges shown on the 990.

Or perhaps TDPK was merely blowing smoke when he claimed that the blogging seriously affected his business.

UPDATE–There is a significant drop in revenue shown between 2008 and 2009. That may have been caused, in part, by the economy tanking or the election cycle. It may also have been affected by the blogging done by Seth Allen as early as 2008. It was TDPK’s suit against Mr. Allen that got Aaron Walker involved, and it was the subsequent lawfare attack on Mr. Walker that drew the attention of this blog.

Some folks believe that there is more going on via TDPK’s Velvet Revolution US organization than JTMP. Could be, although the Form 990s indicate that more money is flowing through JTMP. (TDPK wouldn’t lie to the IRS, would he?) Based on the confirmed information turned up by the Vast Hogewash Research Organization, I can say that both “charities” have been involved in interesting activities.

Gentle Reader, please be patient. More will be revealed when the time is ripe.

Dread Pirate #BrettKimberlin and Rent


Yesterday, we looked at the 2011 IRS Form 990 for Justice Through Music Project and noted that $15,225 was spent for Occupancy and $12,795 was spent for Utilities. Given information that has come to light over the past year, at least one of these may be a reasonable expense.

The Gentle Reader who has been following the Saga of The Dread Pirate Kimberlin lo these many months may remember a post from a few weeks ago called Where Does Dread Pirate #BrettKimberlin Work? This excerpt is from the cross examination of Brett Kimberlin by Reginald Bours, Aaron Walker’s lawyer, from the transcript of the 11 April, 2012, Kimberlin v. Walker peace order trial was quoted in that post.

Q: Do you go to an office or place of work every day?

A: Yes.

Q: Where is that?

A: It’s in Cabin John, Maryland.

dpk_cabinjohnThat post was not very specific about were in Cabin John TDPK works, but it mentioned that there is a phone listing for Brett Kimberlin in that town. whitepages.com shows the listing on the left. Searching the Maryland State Department of Taxation’s real property data base shows that the property is owned by Harriet Crosby. Ms. Crosby has been a supporter of both Justice Through Music Project and Velvet Revolution US for several years.

sdat6513_79th

zillow_6513_79th$15,5225 per year is actually a bargain rent for the property. zillow.com estimates that a fair market rent would be around $28,000 per year. The house is a bungalow on a quiet side street. The Google Street View picture is shown below.

street_view_6513_79th

OTOH, $12,795 seems a bit high for utilities. Figure $100 a month for TDPK’s iPhone and iPad connections and another $100 for cable (he has to keep up on current affairs via CNN) and high-speed internet. If the old house isn’t well insulated, the gas and electric bills could average $300 a month. Add another $100 for water and sewer fees. That adds up to around $7,200 a year. Even adding a high-end landline phone connection leaves the tally several kilobucks shy.

Dread Pirate #BrettKimberlin and Form 990


Let’s go through the Justice Through Music Project Form 990 for 2011 together.

As noted yesterday, although the JTMP website offers DVDs for sale, the only income shown on the 2011 Form 990 is from Contributions and grants (Page 1, line 8). There’s no income shown for selling anything. That’s sorta interesting because on Page 2, line 4a, the 990 states that JTMP’s primary program service accomplishment is

CIVIL RIGHTS, SOCIAL ACTION AND ADVOCACY PROGRAMS. WE HAVE CREATED DVDS WITH MUSICIANS TO EDUCATE YOUTH ABOUT THEIR VOTING AND CIVIL RIGHTS TO GET THEM TO REGISTER TO VOTE.

Hmmmm.

Moving along to Page 3, line 3, the question “Is the organization required to complete Schedule B, Schedule of Contributors?” is answered with a “Yes.” The is no Schedule B attached. The instructions for Form 990 say that all contributions of $5,000 or greater should be listed. The Tides Foundation shows a $10,000 contribution to JTMP on its Form 990 for 2011.

Hmmmm.

Scrolling down to Page 10, line 11c, we find that there was $11,852 of Accounting expense. That compares with $6,905 in 2010 and $2,450 in 2009 for all Professional fees and other payments to independent contractors.

Hmmmm.

Lines 16 (Occupancy) and 24d (Utilities) on Page 10 are $15,225 and $12,795 respectively. We will examine a possible explanation of those expenses in a later post.

These are just a few of the things that caught the eye of a non-accountant quickly reviewing the document. More experienced eyes are also looking.

Stay tuned.

UPDATE–To be fair, I should note that a Schedule B may have been filed. The IRS does not make them publicly available.

Dread Pirate #BrettKimberlin, DVD Salesman


The Justice Through Music Project web site (No, I won’t link to it.) has a page that offers a Rock Your Rights DVD for sale. There’s a notation on the page that the DVD is “sold out.”jtmp20130130

Apparently, TDPK had to give away all of the DVDs because JTMP must not have sold any. I say that because the 2011 IRS Form 990 for JTMP shows no revenue from any sources other than Contributions and grants. Since someone buying one of the DVD receives “something of value” (the DVD can, after all, be use as a drink coaster), so any payments for purchasing them are not strictly contributions and might be more properly reported as Program services revenue.

That’s not the only interesting information (or lack of information) in this Form 990.

Stay tuned for further comments.

JTMP and VRUS Seem Very Quiet


Other than links to BradBlog, there’s been nothing new on the Velvet Revolution web site front page since the end of November. Justice Through Music Project has nothing new on its home page since the posting of an Op-Critical music video on 5 December.

Of course, it could be that The Dread Pirate Kimberlin has been busy. He says he works with Congresscritters every day, so maybe he’s been focused on the startup of the 113th Congress.

Or maybe he’s been having too much fun with Breitbart Unmasked.

Dread Pirate #BrettKimberlin and Form 990


Organizations exempt from tax under sections 501(c)3 and 501(c)4 of the Internal Revenue Code are supposed to file a Form 990 with the IRS by the 15th day of the fifth month following the end of the organization’s fiscal year. The previous fillings by Justice Through Music Project and Velvet Revolution US indicate a fiscal year that is the same as the calendar year. Thus, their filings should normally due on 15 May. Two extensions of three months each are possible, so the final drop dead date for filing is 15 November.

I’ve been on the lookout for the 2011 filings from these “charities,” and they have yet to appear on the usual sites such as Guidestar or Foundation Center—even though their forms should have been filed more than a month ago. Therefore, I’ve submitted Form 4506-As asking the IRS for copies of the filings from both JTMP and VRUS.

It’ll be interesting to see the changes from 2010 to 2011.

Dread Pirate #BrettKimberlin’s Utility Bills


TDPK operates his two “charities” out of his mother’s basement. Yet the IRS Form 990s filed for those organizations show significant expensed for “Utilities.” For instance, here’s an extract from Justice Through Music Project’s Form 990 for 2010.dpk20121216

$7,933 for utilities for a portion of a basement of a 1,500 sq ft house in Montgomery County, Maryland? The only other addresses associated with JTMP are a P. O. Box and the in-home office of the Executive Director.

To give the Gentle Reader some sense of proportion, let me note that I spent under $5,000 for gas, electric, water, and sewer bills for a 2,700 sq ft house in an adjacent county during 2010. The divergent rates between BG&E, on the one hand, and Pepco’s and Washington Gas, on the other, and the City of Westminster versus the Washington Suburban Sanitary Commission simply can’t account for all of difference. In any case, assuming as much as 250 sq ft of TDPK’s mother’s house were billable to the “charities,” its share would certainly be less than $7,933.

Of course, there may be a reasonable explanation for the seemingly excessive occupancy and utility expense reported. JTMP may be renting additional space that they have never bothered to mention publicly. Or perhaps …

Another Motion to Dismiss


Jeffrey Cohen is a lawyer who is the Executive Director of Justice Through Music Project and Velvet Revolution US. (That makes him, technically, The Dread Pirate Kimberlin’s boss.) Mr. Cohen, who is acting as the pro bono counsel for the “charities,” has filed a boilerplate Motion to Dismiss in the federal Walker v. Kimberlin, et al. civil suit.

This sort of pro forma filing is to be expected.

Funding Dread Pirate #BrettKimberlin’s Charities


2008 was a banner year for fund raising by The Dread Pirate Kimberlin’s “charities,” Justice Through Music Project (>$500,000) and Velvet Revolution US (>$80,000). These extracts from the Threshold Foundation’s 2008 annual report shows that foundation’s generosity.

If, Gentle Reader, you are curious about why the Threshold Foundation has such an interest in TDPK’s “charities,” this post explains the connection.

Funding Justice Through Music Project


Following along with the advice Hal Holbrook gave in All The President’s Men, the Vast Hogewash! Research Organization is following the money. Here is an extract from page 96 of the Tides Foundation‘s IRS Form 990 for 2011. It shows $10,000 in funding to Justice Through Music Project. Click to embiggen.

Page 96 of that Form 990 may be found here.

There are, of course, other donor foundations. The VHRO is combing through their Form 990s. There will be more to report on the funding of Justice Through Music Project and Velvet Revolution in the coming days. Thus far, the VHRO has used public documents to account for roughly one-third of the $1,800,000+ of income the “charities” have reported through 2010.

Stay tuned.