1) The Underlying Scam by CCT -
2)
3) SWORN ADMISSIONS OF GUILT BY CCT TOP Management -
4) CCT’S 2000 BUNDLE MARKETING
-
1) THE UNDERLYING SCAM BY THEN DOW JONES OWNED CAPE COD TIMES.
The same 3 CCT executives
who spent a year promising to be my BEST partners for a sale had been secretly plotting
against me. They configured amongst themselves a plan to divert what THEY calculated
as $3,000,000 from being included in the calculation of my sale price. When I forced
them to admit specific facts under oath, they fully admitted to the dates in question
which establish their guilt, period.
CCT’s Business Records and Depositions of their Top Executives totally unveil their entire plot. CCT Scheme centered around concealing from me during 2002 negotiations, plans to “Bundle” my valuable website traffic with their failing Print ads. CCT’s secret financials, the “other” set of books, shows us that the top 3 executives of CCT planned to conceal 2002 Bundles that would let them exclude $3,000,000 from Sale Price, IF they “invent” them in 2003.
According to CCT’s secret 2002 plan for the sale (A Revenue SHARE Based sale), in
evidence and shown below, CCT planned to pretend and in fact acted out “conceiving”
Bundles 70 days after the p&s, specifically on January 9, 2003. They convinced me,
their new “Partner”, that this was a Plan that would help US maximize revenues for
our deal -
But That Was An Intentional Lie! A conspiracy to commit fraud. They had actually
concealed the existing 2002 Bundle plan -
So what was CCT’s financial motivation in pretending to conceive Bundles AFTER the
p&s when they had been actively selling the SAME real estate advertising Bundle for
years PRIOR to the p&s? Money. $1,000,000 of MY money! (If we use the ACTUAL NUMBERS
of CCT’s secret plan for the sale -
BECAUSE, come 2004 when CCT was paying me for 1st full year 2003 Results, they inform me their “Bundle Policy” allows them to allocate 90% of ANY Bundle revenue, to their Print Department, therefore excluded from calculation of my sale price. When you place the $4,310,000 Projection for the sale CCT gave my in September 2002 next to the secret $1,300,000 projections THEY ACTUALLY PLANNED, we see one difference. Bundles.
CCT gave me an $4.3 million dollar projection (inducement) that made NO mention of
the word “Bundle”, 2 months prior to the October 31, 2002 Sale.
CCT was hiding a plan
for the sale that COUNTS Bundles for the entire 4+ year deal, which they know (they
are the top management) will mean $1.3 million instead!
That difference of $3,000,000
could have meant $1,000,000 to me in sale price.
So you can see why Cape Cod Times wanted to Bundle, and obtain my dominant business
for a fraction of it’s actual value.
And you can ALSO see why Cape Cod Times wanted
to conceal their plans to Bundle BEFORE THE SALE, because EVERYONE knew I would not
have sold.
The $1,000,000 lawsuit hung on that key question! Did CCT invent Bundles
in 2003 AFTER the 2002 p&s, or had they concealed them!
Well, unless CCT’s executives committed Perjury, than they fully admit they had been
Bundling for “years” prior to the sale.
And unless CCT’s Business Records are altered,
they Fully Expose CCT Counting Bundles for year 2002, my company name on the document.
WITH
ALL EVIDENCE CONFIRMING 2002 BUNDLES, THE IDEA THAT CCT INNOCENTLY CONCEIVED BUNDLES
IN 2003, IS ABSURD!
BELOW ARE 3 SPECIFIC ITEMS OF EVIDENCE I GAVE THE COURT OF CCT’S
GUILT AND THE ABSURDITY OF THE JAN 9, 2003 DEFENSE (EXH #19)
ANY 1 OF THE 3 PROVE
TO A CERTAINTY THAT CCT IS GUILTY, LAWYERS COMMITTED PERJURY, COURTS WERE DECEIVED!
#2. INDISPUTABLE DOCUMENTARY EVIDENCE ESTABLISHING THE CRIME -
The document below confirms to an absolute certainty, that Cape Cod Times did not innocently “conceive” of “Bundle Advertising” on January 9, 2003 (Font Exh #19), some 70 days AFTER the October 31, 2002 p&s (Font Exh #14). IT PROVES THEM GUILTY.
This document was given to me by mistake during my employment with CCT. I did not realize it’s significance until litigation. It is named after my CapeCodRealEstate.com Business CCT was trying to purchase. “Real Estate Merger Analysis”.. It is in fact CCT’s REAL “Analysis” of the “merger”. Using Bundles for every year of the deal including 2002, they anticipate the 4+ year deal with generate $1,300,000 in Revenue.
So in 2002 CCT had $7,300 in “Real Estate Book Bundle” revenue going to Internet,
of $73,000 in total Bundle Revenue, under their 90/10 “Bundle Policy”. NOTICE, CCT
did not pay me for this 2002 revenue, didnt disclose a CENT in discovery OR TO THE
COURT -
Key Facts: With this $1.3 Bundle plan in hand, months before the p&s CCT gave me a projection of $4,310,000 INSTEAD. No mention of Bundles. EVER. CCT then concealed Bundles until pretending to invent them January 9, 2003. January 9, 2003 is an act, it was all for show. These frauds who will determine exactly how the “deal” generates money Planned to Bundle the ENTIRE 4+ YEARS! 90% EXCLUDED from sale.
*This is a Revenue Projection for Internet Department, where my Sale Price would be counted. $7,300 in “Real Estate Book Bundles” for 2002 to Internet means $73,000 in 2002 Bundle Advertising Revenue CCT anticipated for 2002 WHEN THIS DOCUMENT WAS WRITTEN. They did not disclose a single CENT when identifying their 2002 Revenue of which the Contract entitled me to 20%. Or To Courts!
*Barnstable Superior Court SJ Decision 5/2/2012 trusted lawyer affidavits swearing that January 9, 2003 was an absolute alibi for the crime: “THUS, CCT COULD NOT HAVE MISREPRESENTED TO PLAINTIFF AN ADVERTISING PROGRAM THAT DID NOT EXISTS DURING THE 2002 NEGOTIATIONS”. LAWYERS TRICKED COURTS INTO BELIEVING BUNDLES BEGAN IN 2003 SO CCT “COULD NOT” BE GUILTY.
It is absolutely preposterous that CCT could argue, and courts could agree, that
January 9 2003 proves CCT not guilty! This Document is actually named for the SCAM!
“CapeCodRealEstate.com Product Mix and Revenue Projections 2002-
*This 2002 Bundle Document sits atop [my 2013 Pro Se Appeal Brief]. And they STILL FIND that CCT “began Bundling” in 2003. SURE. I was dealing with prostate cancer and surgery factors, as well as newly diagnosed advanced malignant melanoma, And these god damn lawyers are home in Courts making claims that I am a greedy, lying perjurer.
HERE IS CCT’S 2002 SMOKING GUN $1.3 FINANCIAL PLAN FOR THE SALE COUNTS BUNDLES TO
THE DOLLAR FOR 2002-
THE SMOKING GUN: You simply CANT plan the sale using Bundles in 2002 if you conceived them in 2003!
THE SMOKING GUN
Named after my CapeCodRealEstate.com advertising business. A Revenue Projection for
the “Merger” that Counts Bundles for EVERY year, inclusive of 2002-
CCT will allocate $7,300 to Internet in 2002 from “Real Estate Book Bundles”.
Under CCT’s claimed 90/10 Bundle allocation policy, $7,300 to Internet Department means CCT expected $73,000 in 2002 Real Estate Book Bundle Revenue.
CCT created the $4,310,000 Projection they induced me with 3 months before the 2002 sale, with ZERO mention of Bundles, WHEN THEY HAD THIS ACTUAL $1,300,000 Projection in hand using Bundles.
THIS 2002 Smoking Gun Bundle Plan was placed atop my 2013 Mass Appeals Court Reply Brief.
For courts to accept, that CCT “can not” be guilty of concealing Bundles in 2002 because they “conceived” of Bundles on January 9, 2003 is ridiculous!
For Lawyers to argue it is a felony!
ATTENTION COURTS -
“Real Estate Merger” itself proves CCT planned the Bundles scam in 2002, and Courts are WRONG to believe NM&F or H&K’s REPEATED LIES INDER OATH vouching to the Courts that CCT “Conceived” Bundles 70 days after the p&s, on Jan 9, 2003! CCT knows in 2002 that Bundles will turn $4.3 into only $1.3. JANUARY 9 2003 IS FAKE EVIDENCE! CCT is Counting $73,000 in 2002 Bundle Revenue in this document!
Notably, Lawyers VOUCHED PERSONAL KNOWLEDGE OF 2003 BUNDLES THEN TRIED TO CLAIM CCT “FULLY DISCLOSED BUNDLES IN 2002”!
This Officer Of The Court had sworn for years that Jan 9, 2003 (Exh #19) was an absolute alibi proving CCT “Could Not” have concealed Bundles in 2002. NOW he’s forced to swear that CCT “FULLY DISCLOSED” Bundles in 2002. Good luck explaining THAT Asshole!
#3. Sworn Admissions of CCT’s Management “BUNDLES” IN PLACE FOR YEARS BEFORE THE 2002 P&S!
There were 3 CCT executives who worked with me during a year of negotiating the terms
of the potential sale.
CCT President & Publisher Meyer, CCT Advertising Manager Evans,
and CCT Business Internet Manager Kempf.
When Asked specifically in sworn Deposition Testimony, NOT ONE of them even CLAIMED CCT “Conceived Bundles” in 2003.
Consider !!!!! CCT Internet Manager Kempf authored the FAKE January 9, 2003 Bundle
Plan (Exh #19).
Kempf stated CCT had been Bundling back
to 2000. HE KNEW BUNDLES WERENT NEW WHEN HE WROTE !
Cape Cod Times Advertising Director Evans when asked if CCT Bundled in 2002 answered “Yes”. SHE KNEW EXH #19 WAS FAKE!
Cape Cod Times President and Publisher Meyer answered “I actually dont know when it started”. SURE PETERNOCHIO, SURE
These were 2010 Depositions. 8 years after they committed the crime. 3 years into
expensive litigation.
Not ONE of them backed January 9, 2003 (Exh 19) as the date
CCT “Conceived” of Bundles. BUT Exh #19 won them the lawsuit!
SO WHY IN GODS NAME
ARE TWO LAW FIRMS GOING INTO COURT CALLING ME A LIAR AND VOUCHING FOR EXHIBIT #19?
And
HOW did 3 courts, a dozen different judges, and another dozen law clerks, IGNORE
the admissions and Records of guilt?
A 4th executive, CCT Controller Hundt, was not made available for Deposition at threat of sanctions by the court, shows the Docket. There is no doubt HE could explain to us where that $73,000 in 2002 “Real Estate Book Bundle” revenue went and why It wasn't disclosed to me or paid! And Hidden from Courts.
Here We have 2 CCT executives CONFIRM Bundles were in place in 2002, BEFORE the p&s. One of them admits back to 2000. IF NOT FOR LAWYERS LYING TO JUDGES, I WIN SUMMARY JUDGEMENT! The $1,000,000 I sued them for was too conservative based on the actual amounts and depth of the conspiracy.
The NIGHTMARE I endured in this extended litigation is Caused SOLELY by the fraudulent litigation misconduct of Nutter & Fish and Holland & Knight. I was fighting for my life while they were telling courts I was a liar. These firms should face sanctions, financially and criminally.
Below are the EXACT answers by Cape Cod Times to the specific question at hand. “Bundles” Are Joint Internet & Print advertising Products.
THE COURTS RULED CCT “COULD NOT BE GUILTY” OF CONCEALING BUNDLES BECAUSE THEY “CONCEIVED” THEM IN 2003 (Exh #19).
The client completely disavows the January 9, 2003 (Exh #19) Alibi that the lawyers swear personal knowledge of. NONE of them say Bundle began on January 9 2003. The clients’ 2002 Financial plan shows them Counting Bundles in 2002, and plotting to use them the entire deal, in a 2nd, SECRET set of financials which CCT KNOWS will result in $1.3 using Bundles. They tell me $4.3! They managed the company, they knew exactly HOW they would bill.
So you’d have to be pretty stupid to try and claim your client innocently (coincidentally) conceived Bundles Specifically on January 9, 2003, 70 days AFTER October 31, 2002 p&s. Or greedy, arrogant, unethical lawyer, working for a wealthy corporation, against a wounded pro se litigant, and an ignorant court.
#4. I captured CCT actively marketing and Advertising this “Real Estate Book Bundle” in 2000 and 2002.
Below is CCT’s 2000-
JUST AS CCT EXECUTIVES ADMITTED IN DEPOSITION, THIS PROVES CCT WAS DOING THE BUNDLING
IN 2002, AND AS FAR BACK AS 2000!
“Your advertised properties will appear online at
No Extra Charge!” A Classic “Bundle”!
CAN NM&F OR H&K LLC, EXPLAIN HOW IN THE WORLD……
Is CCT marketing Internet/Print advertising Bundles in 2000 if they “conceived” of
Bundles January 9, 2003 -
Is CCT marketing Internet/Print advertising Bundles in “July -
How did CCT have a “Bundle Policy” if they “conceived” Bundles AFTER the sale on Jan 9, 2003?
That was a simple accounting move. CCT STILL gets 100% of the revenue regardless
of how they allocate Bundles in-
FOR CRYING OUT LOUD, IF CCT conceived of Bundles AFTER the p&s (they didnt), this would just mean the decided to create an allocation policy that would divert 90% from sale price.
WHY did CCT give ME a projection of $4,310,000 and secretly create and conceal ANOTHER projection FOR THE SAME DEAL AND AT THE SAME TIME, that includes 2002 Bundles, yet they expect only $1,300,000?
We Know why!
$4.300,000 was the “fraudulent inducement” charge I sued them for.
$1,300,000
was how the company REALLY planned to sell with Bundles.
As IF it’s not enough to be able to prove that CCT’s entire defense is completely
refuted by is business records, it’s deposition testimony, it’s public advertising
& marketing, let me point out that HAD the lawyers simply admitted the truth, as
their client did, I would have been granted Summary Judgement many years ago. AT
A MINIMUM, THIS CASE WOULD HAVE GONE TO TRIAL -
ADD LETTER BY KEMPF SAYING PERCENT TOO LOW, IN 2002 THE BUNDLE……