AnatomyofaFraud.com
Fontaine v. Cape Cod Times -
*Correction -
Similar misstatements are inconsequential
to the point.
The Cape Cod Times committed a calculated and documented fraud in the 2002 acquisition
of my valuable small business.
Nutter, McClennen & Fish, succeeded by Holland & Knight,
have committed litigation fraud in defending them since 2007.
Massachusetts fails to provide equal justice under the law when it defers to the affidavits of lawyers, paid advocates, over record evidence, while expressing contempt for a pro se litigant. This isn't complicated, CCT admitted guilt. It’s all over the record!
Let me be clear, I haven't fought lawyers for this wealthy corporation in the US First Circuit, then pro se in the Mass Appeals Court, the Mass SJC, back in Barnstable Superior, then the Mass Bar, and now Here, a decade of my life, while in bad health, frivolously.
Fact Is, Record Evidence proves every fraudulent element of the underlying scheme,
exactly as claimed in my 2007 Lawsuit.
CCT’s executives, both law firms, and company
records prove CCT plotted to “Bundle” advertising during our 2002-
The Courts Ruled CCT “could not be guilty” because they “conceived” Bundles after the p&s, in Jan 2003. NO THEY DIDN’T!
[The Menu Page] summarizes and cites record evidence of CCT’s complex scheme to defraud
me out of my valuable business and 2 law firms of Lying to the Courts.
[All Fontaine
Record Exhibits]. -
Litigation History -
Below is a caption from my Nov 2015 Appeal to the Mass Bar Counsel. Click to view.
I Placed The Smoking Gun CCT document proving CCT planned to “Bundle” for this sale
during 2002 negotiations, and NOT Jan 9, 2003. Yet the Appeals Court Ruled CCT Started
Bundling in 2003.
$7,300 in 2002 “Bundles” to Internet Department is $73,000 in 2002
Bundles.
Named after my CapeCodRealEstate.com, they count $530,000 in Bundles in 2002.
They
won the suit with 4 Judges Explicitly Relying on the Jan 2003 “conception” of Bundles.
I place the Smoking Gun with 2002 Bundles atop my 2013 Reply Brief (Below) (new window), and Barnstable & Mass Appeals Court still think CCT “Conceived” Bundles Jan 9, 2003:
Barnstable 5/2/12 SJ Ruling:
”the record does not support Plaintiffs allegation that
CCT executives had expressed or implemented bundle advertising, prior to 2002. To
the contrary, the record reflects that Robert Kempf did not propose the concept until
January 2003”. (The court had to mean “prior to 2003”, the relevant period).
Mass Appeals Court 12/23/13 Ruling:
“after the agreement was executed, CCTimes began
to sell internet advertising in a “bundle” with print advertising, charging a discounted
rate for the internet advertising”
Both quotes mirror lawyer’s false assertions.The Court Doesn't recognize the scam CCT played on me, because the lawyers used the same scam on the courts!
NM&F Attorney Matthew Mitchell BEST Described CCT’S Conspiracy to Commit Fraud. In his 2nd Rule 60b Answer to my 2nd Rule 60b Complaint in Barnstable Superior Court in 2014, Holland & Knight’s 2014 Motion Seeking “Protection” from pro se Fontaine Describes the entire Scam:
“Fontaine’s summary judgment opposition and appellate briefs focus, almost exclusively, on the following argument: That the CCTimes secretly intended to market “bundled” print and internet real estate advertising products prior to the execution of the Purchase and Sale Agreement, and that CCTimes concealed this bundling strategy from Fontaine in order to fraudulently induce him to sign the Purchase and Sale Agreement”. AND THEN I MADE THE COMPANY AND LAWYERS ADMIT EXACTLY THAT, UNDER OATH!
THIS LAWYER SWORE UNDER OATH TO THE APPEALS COURT THAT CCT HADNT EVEN “CONCEIVED
OF BUNDLES UNTIL JANUARY 9, 2003. 70 DAYS AFTER THE 2002 P&S.
THIS LAWYER THEN SWORE
UNDER OATH TO THE BARNSTABLE COURT IN 2014 THAT CCT “FULLY DISCLOSED AND PRESENTED”
THEIR SECRET 2002 PLAN TO BUNDLE
CAPE COD TIMES WAS NOT DEALING IN GOOD FAITH, THEY NEVER PLANNED TO GIVE ME THE BENEFIT OF THE BARGAIN, AS THEY PLOTTED TO DENY ME THAT BENEFIT.
To the Right is a cut out from the September 2017 Brigham & Woman’s Article on immunotherapy, as detailed on my Health Page, in which they describe the success I had with the Memorial Sloan Kettering Clinical Trial Drugs and Procedure that recently ended.
My 101 Page 2016 Journal sent to NM&F advised the lawyer that she better hope cancer gets me before I have an opportunity to tell my story of her fraud upon the courts. While I don't have unlimited time, NOW is the time to keep my promise to that Lawyer. ONE of us has to tell the truth!
The company, executives, and lawyers can come after me all they want. I can Prove False statements by EACH of them. The record contains dozens of lies made under oath. Yet I stand by and document every claim I make. It’s easier to remember the facts when you tell the truth.
Top 10 List of Evidence proving fraud! 10 instances within this conspiracy to commit fraud, EACH indicates a propensity for CCT to deceive. Any one exposes CCT for perpetrating this scheme exactly as I have accused them. Collectively, they expose a corrupt company & lawyers.
The gravamen of the scam was CCT plotting to conceal “Bundle” Advertising until after the Oct 31, 2002 p&s. They then pretended to invent Bundles 70 days after the sale, on Jan 9, 2003, so they could claim a Bundle Allocation “Policy” that allowed them to keep 90% of every dollar within our 4 year Revenue Share based deal. Millions. Imagine the coincidence, after a year of negotiations, 70 days after p&s, CCT innocently thought up a plan that would divert 90% from sale price. The Court has been deceived, Lawyers Lied, January 9 is planted evidence!
“Rigged system or just a double standard?
” D.Trump 12/2/17
The ease & casual manner by which the lawyers exploited an inherent advantage over
a pro se litigant at the expense of the court should bother everyone!
The complete
disregard of ethics and law, by executives and lawyers, is something I could have
never imagined. I assumed the courts would be diligent. THEY weren't.
THE 2012 BARNSTABLE SUPERIOR SJ RULING IS COMPLETELY IN CONFLICT WITH THE SIGNED
AFFIDAVITS OF CCT EXECUTIVES, LAWYERS, AND COMPANY RECORDS.
THE COURTS FAILED TO SEE
THAT ALL RECORD EVIDENCE PROVES CCT PLOTTED TO CONCEAL BUNDLES BEFORE THE P&S TO
DIVERT MILLIONS. LAWYERS LIED.
News Corp owned CCT when Holland & Knight filed “Motion Seeking Protection” from me in 2014, claiming my Rule 60b Motion accusing lawyers of fraud upon the Court was wasting court resources and was a “burden” on Cape Cod Times, I had done so in bandages, told by Dana Farber I likely had months to live. And they need protection from me.
In Aug 2016 I sent a 101 Page Journal to Nutter McClennen & Fish, pointing out specific instances where her statements in her 2/1/11 Memorandum in Support of Summary Judgement are proven false by her own client's statements. This Lawyer with the retired Barnstable Superior Court judge on her team convinced Barnstable Police to send two Yarmouth Police detective cars to my home, as “a courtesy warning”. These Officers Of The Court, having deceived courts for a fee, for years, use the law to stifle a “greedy” pro se litigant. Having returned from a clinical trial in NYC, scheduled to return to Dana Farber in Boston, we didn't appreciate the intrusion. But I got the message.
I take no pleasure from discussing my personal issues in public. If I were greedy I would have found more efficient and less stressful ways to “profit” than perusing a wealthy company with endless legal funding, in court. Money is not my motivation in forcing this confrontation, so there are many capable of helping me set the record straight. A journalist, a judge, a law firm, a DA,or an individual interested in financing litigation for profit. My $1,000,000 2007 Mass 93a Demand is dwarfed by the damages they have caused since, and interest, trebled.
I have little doubt these powerful entities will come after me. I’ve left them little choice, they’ve left me None. It’s scary. But I cant fathom a cause of action by which they could prevail. I identify dozens of false and inconsistent statements by CCT, let them find ONE by me. CCT owner Gatehouse Media provides lessons as to how to file FOIA Public Records Requests, so it would be too ironic for them to come after me for disclosing the very type of records they argue they should have access to, for the sake of publishing for commercial profit.
As to the lawyers, they would have to testify that their client is lying, in order to prove their own statements are correct. So I’ll defend Every single accusation I make!
CCT’s June 14, 2011 Summary Judgment Memorandum, filed by attorney Sarah Manning
of Nutter McClennen & Fish, details the accusations I make in my 2007 Lawsuit:
Fontaine's
Complaint sets forth six counts: breach of contract, rescission and restitution,
detrimental reliance, fraud in the inducement, intentional misrepresentation, and
a chapter 93A violation.”
THAT MEMO is replete with false statements which contradict their client’s sworn statements and business records. Once they hijacked the 5/2/12 SJ Ruling, misrepresenting both facts and evidence, I was doomed. The sad irony is, the client fully admitted the facts establishing the underlying Scam. On Record. They lawyers lied. The Judges were deceived.
The Barnstable Superior Court May 2, 2012 Summary Judgment Ruling is demonstrably erroneous on the primary issue in dispute. The December 23, 2013 Massachusetts Appeals Court 3 judge Panel Ruling is demonstrably erroneous on the same issue in affirming Barnstable. Justice delayed has meant Justice denied. I’ll have to settle instead for vindication.