FontaineVCapeCodTimes.com 2002-
The
Cape Cod Times conspired to fraudulently acquire my dominant Internet advertising
business in 2002. Diverting $1,000,000 from Sale Price.This is how they did it.
For
the record, and not for profit, these are the measures I was forced to take to get
a SINGLE person to appreciate what this wealthy corporation and their lawyers have
been allowed to do.
My fortune stolen in the 2002-
Instead, with absolute evidence of a $1,000,000+ crime in hand, I spent several thousand
hours, countless thousands on attorney’s fees, a decade of my life, responding to
motions from NYC cancer wards, filling rule 60b Motions detailing this fraud on the
court by licensed lawyers, under threat of arrest, and the entire system says “SCREW
YOU”, only wealth need apply!
I presented Smoking Gun Evidence (Below) and forced
both CCT and lawyers to admit the truth! Justice Was Blind! Enter The Main Site
The litigation misconduct exposed on the record in Fontaine V Cape Cod Times, a Division of Ottaway Newspapers, Dow Jones, then News Corp, then Gatehouse Media, with direct assistance of their lawyers, Nutter, McClennen & Fish, succeeded by Holland & Knight is brazen, extended, and surely illegal. I’d be behind bars if I did what they did.
The record evidence I cite here has been compiled over many years beginning with discovery in advance of my 2007 lawsuit in US First Circuit, Barnstable Superior Court in 2008, When the Nutter McClennen & Fish perjured their way into a Summary Judgment verdict for their wealthy client, and I could no longer afford representations, in 2012 I was forced to appeal pro se in Mass Appeals Court. The record could not be more clear, CCT did the crime, CCT admitted the crime. But lawyers lied to judges.
Holland & Knight knowingly deceived the Appeals Court, having to contradict their own client’s admissions to do so, I and was forced to apply for Further Appellate Review with the Mass SJC. When that failed I filed two Rule 60b Motions in Barnstable in 2014, in 2015 I filed a complaint with the Mass Bar Counsel, who refused to investigate. In October 2018 I filed a complaint with Mass Attorney General’s office, identifying specific false statements of lawyers perjuring themselves.*I have not heard back as of Nov 5. So be it!
CCT had indeed committed the crime, the evidence throughout the record shows the executives admitted as such in 2010 depositions, and both NM&F and then H&K admitted (were forced to admit) in their own affidavits, that CCT’s 2002 “Smoking Gun” document showed CCT was guilty of this SCAM just as I charged. But courts trusted lawyers affidavits over the evidence.
I was pro se, fighting multiple cancers, while concurrently fighting lawyers representing News Corp. Suffice it to say, if I was trying to steal money, I could have taken an easier route. These people sent cops to my home in 2015. They paid lawyers to lie to courts for legal fees. And am NOT going to let it happen. This wasn't spare change, it was $ 1,000,000+!
Let me be clear -
Both Courts ruled CCT “innocently conceived of bundling in January 2003,” therefore
“COULD NOT” have concealed Bundles from me before the Oct 2002 p&s. BUT THEY DID!
And
then CCT executives admitted in depositions CCT had planned Bundles long before 2002.
And I have the 2002 Smoking Gun. THE COURT WAS PLAYED BY LAWYERS!
The US 7th Circuit
has held “a decision based upon fraud on the court is not in essence a decision at
all, and never becomes final”. MRCP 60B holds same.
To any honest commercial or appellate lawyers out there -
THE RECORD IS COMPLETE! The $1,000,000 I sued them for would be $5,000,000 today. The law allows an independent action. I sued for $1,000,000 in 2007, trebled under Mass 93a, $2,000,000 in Interest. And that would also allow for attorney fees. And that doesn't touch on the litigation fraud damages. And they have deep pockets!
THE COMPANY COMMITTED THE CRIME. IT’S ALL OVER THE RECORD. 2 LAW FIRMS LIED TO COURTS, UNDER OATH. THEY OWE ME $5 MILLION +. HELP ME!
*Notice. Since making this video I have relocated some evidence noted to an internal page.
The Underlying scheme to defraud was centered around CCT’s advertising “Bundles”
-
The Management of Cape Cod Times actually Pretended to invent Bundles 70 days after
our October 31, 2002 p&s, on January 9, 2003, to divert $1,000,000 in sales price!
But Exhibit #19, the January 9 2003 Evidence that Lawyers ALONE vouched for to the
courts, is a completely frivolous defense. PLANTED EVIDENCE.
Jan 9 (Exh 19) was used
by CCT to defraud me in the underlying scam, but CCT admitted the truth in depositions.
The lawyers had to contradict their client to prevail!
I proved the $1,000,000 crime on the record, multiple ways, multiple courts, CCT documents, emails, depositions. We have an official record where the crime is clearly established, but Courts trusted lawyer affidavits instead, because I was pro se. “equal protection of the law”’. I have the Smoking Gun atop my Brief!
CCT admitted the scam in depositions. 6/14/11 NM&F filed an affidavit admitting evidence
proves the crime. ANOTHER NMF lawyer substantiated evidence disproving it. YA.
One
NMF lawyer fully admitted the crime in SOF #52, another backed FAKE “evidence” refuting
it. AND IT’S EASY TO SEE WHICH COMMITTED PERJURY.
As difficult as it is to publicly share this experience, foregoing privacy, risking
retribution, the “system” left me no alternative! The record shows lawyers lied to
judges!!
I was fighting lawyers for News Corp, pro se, in between two aggressive cancers.
And the scum ball clients had admitted the crime, but paid scum ball lawyers to conceal
it.
I’ve filed Motions in this case in surgical bandages, with little hope of survival.
In 2016 NM&F, with retired Barnstable Judge on her team sent 2 Yarmouth detective
cars to my home to intimidate me.When lawyers who don't know me tell courts I am
just greedy, I take offense. When Lawyers commit perjury they are effectively telling
courts that I was lying! My local newspaper, owned by a wealthy corporation, set
me up to steal $1,000,000 in sale price. The crimes of their lawyers even more astounding!
*On
the health side, I have been extremely fortunate to date… both hospitals noted my
remarkable good fortune: B&W/Dana Farber article | MSK article.
* July 2002 -
Yet we find out in discovery (The Smoking Gun) that they already had a secret plan during 2002 negotiations to do $1,300,000, by allocating 90% of the Revenue From “Bundles” to their Print Department, by undisclosed “Policy”. THIS EXHIBIT is a $3,000,000 Lie, Part of the Fraudulent t Inducement Charge!
* October 16, 2002, -
2 weeks before Closing, 2 months past CCT’s original expected closing date on draft p&s updates they controlled, I’m still trying to ensure they are not trying to sneak deductions.. So I would KNOW their interests in generating revenue were aligned with mine, as they were assuring me... They weren't.
Key Point: We now know from deposition they had been doing this exact Bundling since 2000. We know they had the Smoking Gun and assumed $73,000 in 2002 Bundles @ 90/10 long before this exchange. But they were so eager to sell, under terms that would allow them to Bundle when they pretend to invent them 70 days after the sale, that they would conceded the terms that would allow it.
Because they HAD to know they were going to sneak that term back in, to let them price Bundles different;y.. So the THREE CCT EXECS HAD TO KNOW AND AGREE. Imagine THAT discussion!
In Center is the actual terms from the p&s amendment they sent me on October 16, with those key terms removed. On the right I see in litigation the Judge thinks it’s their RIGHT to Bundle and allocate different, I didn't do my due diligence the court says. Really? We know one thing, they surely didn't disclose Bundles or Bundle Policy in 2002, since they claimed to conceive them in 2003!
CCT had given me this $4,310,000 “projection” of our deal with their July 2002 Offer
to Purchase.
In discovery I find the Smoking Gun (Below), showing they planned to
do $1.3, and hide the rest.
THIS EXH #19 IS PLANTED EVIDENCE -
NM&F and H&K substantiated this evidence as the date CCT conceived Bundles.
Both the client and Co-
This document is the ONLY evidence offered to the courts, and ONLY backed
by the lawyers!
This is false evidence and proof of willful misrepresentations to multiple courts by both law firms!
*70 days after p&s they have a new idea, Bundles, claiming they will allocate 40% to Internet where my Sale Price would be counted, and 60% to Print, excluded.
But the Smoking Gun shows they had the deal planned with 90/10 Bundle Policy before July 2002. This document was created solely to trick me CCT had just “conceived” of Bundles in January 2003. They didnt.
*The 3 CCT execs spent a lot of effort making the $4,310,000 Projection they gave me with the July 02 Offer. But the Smoking Gun shows THEY made Policy AND Pricing, and that would result in $1,300,000.
This is a Plan they didn't need, didn't intend to use, and all other recipients other than me knew it was against their own policy and could not be implemented, and wasn’t,
THEN THEY PAID TWO FANCY LAW FIRMS TO SWEAR UNDER OATH THAT CCT INVENTED BUNDLES IN 03.
So it was somehow perfectly legitimate to allocate 90% of the revenue to another Cape Cod Times pocket, some $1,000,000 this scam cost me.
A “The Smoking Gun”! *“confidential” meant to hide it from me. “Internal Consideration” on Jan 9 Bundle was so I didnt talk to others and find out Bundles are not new at all.
Consider how absolute CCT’s guilt is proven by the 2002 Smoking Gun Bundle!
The ENTIRE
2002-
CCT has sworn that “the only substantiated evidence establishes that the CCTimes conceived of the print and internet bundling strategy in early 2003, after the execution of the Purchase and Sale Agreement, and that no representations concerning internet bundling were made to Fontaine whatsoever during the negotiations of the Purchase and Sale Agreement”.
Then when you read the 5/3/12 Barnstable Superior Court Summary Judgment Ruling:
pg5.
”Indeed, contrary to plaintiffs assertion, documentary evidence indicates that CCT
did not propose -
pg8.”In sum, Plaintiff has not offered evidence that the topics allegedly
misrepresented to him were even contemplated by CCT at the time the P&S was executed,
much less actively concealed from him. Rather, plaintiff admits that bundling was
not discussed during negotiations, and the record reflects this concept was not formally
proposed until January 2003”.
P11.”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”. (Court meant 2003).
12.”Indeed, Plaintiff’s own allegations confirm
that Bundling was never discussed during negotiations”.
I mention that last once since H&K, when cornered with the 2002 Smoking Gun Bundle evidence, told THAT court that CCT Fully Informed of Bundles in 2002. (A great legal move, if it weren't perjury!)
SECOND-
This heightened standard is logically because a Litigant proving their case in Summary Judgment is the only way to suppress Bob Fontaine for realizing his right under the constitution to a jury trial by his peers.
Instead, I had to prosecute my case before a forum full of lawyers, and judges who were lawyers, and none of whom see the value or legitimacy in a pro se litigant. So much so, 4 judges have eggs on their face call CCT’s admission of Guilt.. While they just read lawyer affidavits and found them not guilty. Shame.
CCT’S MEMO IN SUPPORT OF SUMMARY JUDGEMENT, By ATTORNEY SARAH MANNING OF NUTTER,
MCCLENNEN & FISH -
It is clear this lawyer used EXCLUSIVELY the defense of the knowingly fake January 9, 2003 Evidence. Lest her client was lying, and co counsel too?
To the Right are False Statements By Attorney Sarah Manning of Nutter McClennen & Fish Made in her CCT Memorandum in Support of Summary Judgement signed Feb 1, 2011, filed June 14, 2011.
This is from the Aug 2016 Certified I sent her requesting she correct of false statements to the court. She called the cops instead.
I will note, she didn't dispute the accuracy of her statements as presented to her.
Her clients never mentioned January 9, 2003 as when Bundles began, too smart to commit perjury, they admit Bundle was in place before sale… they had a comprehensive secret plan that counts $530,000 in Bundles, in 2002.
So as she tells the Barnstable Court how CCT innocently conceived of Bundles on January 9, 2003.. To STEAL a victory from the courts…
March 2010 -
August 2010 -
August 2010 -
June 14, 2011 -
So the Barnstable May 3, 2012 SJ Ruling in CCT’s favor, explicitly and repeatedly relying on the planted January 9, 2003 evidence, is simply wrong!
So Barnstable missed the Nutter attorney and the CCT executives who admit Bundles in place in 2002, effectively admitting to the scam and the frivolity of arguing the January 9, 2003 Bundle Proposal is legitimate.
And the 3 member Panel of the Mass Appeals Court missed the fact I placed the Smoking Gun 2002 Bundle atop my appellate reply brief, and they too ruled that CCT’s Bundles began after the sale.
I like that last one, President Meyer said the same thing.. AHH doing for Internet,
For Me!
They failed to mention Bundles Policy, 90% of Revenue to be diverted from
Internet.
Hardly Your Honors!
THIRD -
The Massachusetts Appeals Court Judge ,The Honorable Judge Wolohojian wrote in Mt Ivy Press V Defonseca that Pro Se litigants are not immune from committing Fraud upon the Court.
Her Honor was also a member of the 3 panel of Judges that wrote the December 23, 2013 Appeals Court Opinion in CCT’s favor (seen in full on website.
Her Honor ruled that “After the agreement was executed, CCTimes began to sell Internet advertising in a “bundle..”…
Ahh, Respectfully, No Your Honor, CCTimes began selling in a Bundle BEFORE the sale. THAT was their crime.
So are you going to allow the attorneys to be immunized from the consequences of the most egregious forms of misconduct?
I Hope Not, they are officers of the court with enhanced responsibilities to the court… and they failed. Badly. Illegally. They lied to you and I paid the price.
C & D
B
E
F
BONUS EVIDENCE JANUARY 9, 03 IS FAKE EVIDENCE:
I used Archive.org to find CCT’s July/Aug 2002 Bundle Offer!
They offer Real Estate ads in the Print Book and Online for a single price -
So they were marketing Bundles the SAME month they gave me an offer with the fake $4.3 Projection, when they knew Bundles would result in only $1.3, after they diverted 90% to Print by “Policy”.
So you wonder why CCT didnt report or pay me a penny for these 2002 Bundle sales.. And ALSO hid it from the courts as well, so they could claim Jan 9, 2003 was real. It wasn't.
Interestingly, and illegally, this POS lawyer from H&K is on record, right after
he realized I was right and 2002 Bundles ARE Mentioned (counted for entire sale)
on the Smoking Gun, He THEN tells THAT Court the Smoking Gun was “Fully disclosed
and presented to Fontaine during negotiations“(2002). BOTH LAW FIRMS SPENT YEARS
SWEARING CCT INNOCENTLY CONCEIVED OF BUNDLES AFTER THE OCT 31, 02 SALE -
The Smoking Gun document below. CCT plotting “Real Estate Book Bundles” for the entire sale, including year 2002, proves that Exhibit #19 above, the January 2003 Bundle “invention”. Is nothing but fraud! Courts ruled Exh #19 proves CCT innocence, it proves their guilt!
Below are a few particulars of the scam. ONLY a Court that knows January 9, 03 (After) is Fake evidence could recognize the fraudulent moves of BEFORE: