Prevarication Du Jour

The Cabin Boy’s™ ability to misunderstand is mind-boggling.2014Radio201402191906Z

In my earlier post, I pointed out that The Dread Pro-Se Kimberlin failed to properly serve whoever he was attempting to serve in St. Charles, Illinois, because he did not pay for Restricted Delivery as required by Md. Rule 2-121a. (That’s the applicable rule governing service of process by a Maryland resident serving someone in Illinois.) The evidence for that can be seen in the receipt TDPK filed in his report on service in the RICO Madness.

I have no idea why TDPK failed to use Restricted Delivery. I doubt that it was to save $4.75. If I had to guess, I’s say it was likely that Mr. “I’ve-filed-over-a-hundred-lawsuits” was arrogantly confident of his knowledge of the law and applicable rules and didn’t bother to check the actual requirements for service for each locality. Like so much of what TDPK “knows,” his understanding of the mechanics of service of process simply wasn’t based in reality.

Whatever the reason, he seems to have blown it, and it looks as if he’s been caught filing a second altered Certified Mail green card—this time in a federal lawsuit—to try to cover his tracks. Furthermore, this may not be the first altered document he’s proffered to a federal court in the last couple of months.

18 U.S.C. § 1512(c) says:

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

Also, 18 U.S.C. § 1512(c) is a predicate offense under 18 U.S.C. § 1961, et seq., and two separate violations could trigger a RICO civil claim or counterclaim.

115 thoughts on “Prevarication Du Jour

  1. Senor Stinky doesnt want to get dragged in to a RICO claim does he? perhaps he should take Kyles advice and go play with his dogs instead of playing whacko on the internet.

    • But he really does! He is deluded enough that he believes BK will prevail and there will be millions to be shared. Like BK would ever share anything with him. BK won’t even pay his victims, in fact actually suing Carl DeLongs widow (who was also a victim of his bombing spree, being wounded by the same explosive devise that severly wounded Carl and was the proximal cause of his death by suicide a few years later).
      Such delusion and magical thinking …

      • So the Cabin Boy sees a fat payday coming his way and has decided to do whatever Master tells him to just for the crumbs? That fits with what I know about the man’s character, such that it is.

  2. ” If I had to guess, I’s say it was likely that Mr. “I’ve-filed-over-a-hundred-lawsuits” was arrogantly confident of his knowledge of the law and applicable rules and didn’t bother to check the actual requirements for service for each locality.”

    And that’s not my guess. My guess is that TDPK is intentionally attempting to perpetrate a fraud on the court for his own, incompetent, “strategy”.

  3. Bill Schmalfeldt ‏@2014Radio 2m
    @wilsb8 Well, I guess I just wasn’t important enough to get an answer.

    Bill finally realizes one of lifes great truths. HE DOES NOT MATTER!

  4. You, sir, are responsible for my unproductive day, in addition to the existence of Ebola, ticks, and slugs. Did I miss anything?

  5. was it ever pointed out that for his comcast email, Shaky uses ‘Gail’ instead of his own name? How is she, Cabin boy? Since i know you live on this site. Doing well, I hope? not too lonely?

  6. exactly how many times can a plaintiff expect to get away with questionable if not outright forgeries in service, exhibits, etc when bringing a suit before it gets tossed ???

    • Even though CBBS spoke to Kimberlin today about the Levy representation of Ace, he does not appear to have asked Kimberlin about the multiple oddities regarding service of process. Instead, he is engaging in ad hominem attacks, like any member in good standing of the Society of Professional Journalists would do. Oh, wait . . . .

      • yeah funny how someone so concerned with defamation and libel is quick to publically accuse a lawyer of violating lawyer/client confidentiality with no proof beyond his own opinion…O.o

      • It’s not in the SPJ ethics code? I swore it was, something like “always berate personal targets with ad hominem attacks, especially if you have the option to hide behind disease and/or illness when called out.”

  7. He is unlikely to get any answer except possibly of the “your letter of _ was received” kind.

    (1) He is not a party to the RICO case.

    (2) The case that he was a party to was decided against him.

    (3) He was not introduced into the pleadings by Mr. Hoge.

    (4) Mr. Hoge is perfectly entitled to rebut claims made by BK about BS, and such pleadings are privileged. .

    What is interesting is that BS has now admitted that he is on BK’s payroll and so is BK’s agent. Respondeat superior. BK may now be responsible for torts committed by BS (if BS is telling the truth). Get out the popcorn boys and girls. TLFKAD has struck again.*

    Kyle’s acronym: The Leviathan Formerly Known As Dumbass. .

  8. So, BS is being paid? By BK? Do tell!

    With what? According to JTMP’s 990 from 2011 (and I haven’t yet seen one from 2012, but I’ve been busy and haven’t checked in a while), BK is paid $19,500. Per year. And he has kids, so I do not see how there is any money lying around to pay…much of anything. To anyone.

    • I’m more intrigued with Moldwarp’s claims that the *courts* and the *police* are being paid by BK. I suppose he could refer to paying filing fees for the courts, but why would he be paying the police? It sounds highly improper and illegal to me.

      • That’s an attempt at sarcasm, though.

        Just looked at his tweets, stopped about three down, here:

        “Bill Schmalfeldt ‏@2014Radio 37m

        So let me understand this. Hoge says #BrettKimberlin didn’t spend the $4.75 for restricted delivery because that would show Hoge who’s boss?”

        Just understand this: he didn’t spend the $5.05, but the cards been altered as if he had.

        In the light most favorable, he’s one hell of a screw-up with proper service. But it looks more like he doctored the card, and to gain some obscure advantage. Maybe he is just that cheap. He’s furious he has to send mail with postage at all.

      • He’s still saying that Kimberlin is paying the police. I want to know for what. Does JTMP have the local police department on its payroll? Seems an odd sort of consulting for a police department.

      • Best part, we’re stupid and don’t get his sarcasm because we don’t know what a metaphor is.

        So, is he saying that “Paying the courts and the police” is sarcasm or metaphor? If it’s sarcasm it’s really, really badly done, because it sounds exactly like the sort of thing he’d say if it was true, and in context it only makes sense if true anyway. “Guy who really does A, B, C which cost more, can’t spend money on D?” doesn’t make any sense if ABC are all falsehoods. If it’s a metaphor, which I think is what he’s trying to say because why else would he accuse us of not knowing what one was, I admit to missing it, because it can’t possibly be a metaphor for anything.

        God, that man is an idiot., As I’ve said, I’ll have to check anything from NIH from the period he worked there, given his idea of facts and sources.

  9. Holy crap in the state case, Mark del Bianco – KU’s former attorney – has filed for a protective order.

  10. Can’t directly link the docket on the case search cite. Google case search Maryland, search for Kimberlin.

    Though in context here a protective order may be sealing some documents.

    That it is going on now after withdrawing as KUs atty, must mean it is something for himself.

  11. “And, again, he replied quickly.

    I am sorry, I cannot spend all day emailing with you. I actually have other cases to work on.
    All day? I sent two e-mails. It takes all day to answer a simple question and then explain your answer?”

    No, dumbass, it takes all frickin’ day for you to understand the answer to a simple question.

  12. Hey Reader, since it’s out there and the bell has been rung…can one of the defendants file for a protective order against BS in order to prevent him from getting batshit crazy diatribes placed on the docket?

    Just an honest legal inquiry.

    • I honestly don’t know. I never had a non-party file batshit crazy stuff in a case that wasn’t part of a pre-sentencing report.

      Bill should continue his strategy of remaining “uninvolved in the courts” by filing lots and lots of letters. It will be helpful in future legal proceedings.

      • You’ve got Bill all ticked off at you now. Chris Heather is stupid and his friends all want to kill him. Even if Jerry is Chris, that tweet was a pretty impressive non-sequitur, even for Bill.

  13. Question for twitter users: if you post a blog link in a tweet, does the source get a pingback? Would that be contact under the terms of a PO? I ask because of this:

    Bill Schmalfeldt ‏
    You can’t appreciate the profound, soft-skulled stupidity of the Lickspittles until you read it yourself.
    3:50 PM – 19 Feb 2014 ·

    Bill Schmalfeldt
    We are talking about simple, stupid people who think “metaphor” is what comes right after “metathree.”
    3:52 PM – 19 Feb 2014 · Details

    • Well, in Willy’s defense, right now he is in mega-snit mode. Just ranting the first (simple) things that come into his mouth (heh).

      Willy says a lot of stupid things most of the time, but when he goes off the deep end like now, you can be pretty sure nearly everything will be stupid. Expect a lot of these tweets to be memory-holed in the next hour or so.

      • I am not referring to his comments in those tweets. Did the links generate a ping back to WJJH that would constitute forbidden contact under the terms of the peace order? I don’t tweet so I don’t know.

      • Hmm. Well, he always does screen caps, never links, and I recall him mentioning once that he couldn’t do ping backs to WJJH’s blog because of the PO. I could be wrong, and I am sure Mr. H can look after his own interests.

  14. apparently according to ACME Law, once a lawyer has represented someone, they can never become opposing counsel against that person. Also, if said lawyer mentions any info about previous clients ,such as who he represented, why and when, even though it’s info that can be found publicly elsewhere, said lawyer has violated attorney/client privilege.
    stupid is as stupid does as CBBS proves over and over…

      • yeah, but only when HE uses “public” info to attempts to shame, embarrass and intimidate others into shutting up. When others do it’s Illegal!!!Criminal!!! and he will Take Action and REPORT it to the AUTHORITIES!!!1!!!

      • I’ve been around a long time, but I honestly cannot recall seeing this constant high level of stupidity. It is truly mind boggling.

  15. I wish more people picked up on what a con BK is. Defending others against him is like going after a dressed-up-in-sheepwear wolf…. (a teeny teeny tiny tiny little wolf with arsenic in his spit).
    I’m glad some on the left understand there is more at stake, more to lose for sub-tribe, let alone the big tribe of all free people, letting him prey at will, than there is any benefit.

  16. I love how Willy fact checks his allegations:

    Bill Schmalfeldt‏@2014Radio·4 hrs
    @wilsb8 Ace has money. Money gets lawyers. ACLU is representing him, too!

    truthhurts‏@thetruthitburns·35 mins
    @2014Radio @wilsb8 Isn’t Levy representing Ace pro-bono?

    William A. Ferguson‏@wilsb8·21 mins
    @thetruthitburns @2014Radio I don’t know.

    Bill Schmalfeldt‏@2014Radio·11 mins
    @wilsb8 @thetruthitburns Who knows?

    Willy says Ace is paying Levy, but when questioned, his reply is “who knows?”

    Gee Willy, if you are saying he is, shouldn’t you know first?

    If that isn’t a microcosm for the posting style of BS, I don’t know what it. Make the allegation, worry about whether it is true later.

    • When people call him on his ignorance or lack of ethics, or even ask questions admitting their lack of knowledge, the guy living in a trailer on disability with no education calls them “stupid.”

      I will write slowly for the reading impaired: the ABA rules, as they plainly note, are MODEL rules. They are not binding on attorneys who are governed solely by the ethical rules of the bar to which they are admitted. Those bar rules may or may not adopt all or part of the ABA model rules. In the case of Levy, who practices in DC, at a minimum, he is governed by DC rules.

      Also for the reading impaired: Levy did answer the question – the publicly known fact that he had represented Kimberlin is not subject to attorney client privilege.

      • Levy answered the question. And then BS, in his typical badgering fashion (adjudicated harasser much?), asked Levy the exact same question again and got blown off. My guess is that Paul Levy is well aware of who BS is and what can be expected from him and decided to nip that crap in the bud.

        Did BS mention that he has PD? I cannot recall. Maybe he would have gotten farther with Levy if he had. Don’t attorneys have to drop everything when asked a question by a disabled person? I think that’s somewhere in the Americans with Disablities Act.

      • I suppose to BKs point of view, any former representation of himself by an attorney bars that attorney representing another in an adverse proceeding against him, for all time – as all legal matters new and old will be “substantially related” to the fact that BK is some sort of weasel.

  17. Did anyone catch the picture of TLFKAD’s dogs on “what I did at my neurologist today” post?. Look like they are cowering away from him in abject terror. It looks disturbing. I wish someone from animal welfare would take a little bit interest in the well being of these poor animals. Are they being fed properly? why did they eye him hungrily during the comparatively short duration of being shut in during the recent weather? He’s not beating them when he goes into one of his PD driven delusional frenzies is he?

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