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Monday, April 30, 2018

Ken Whitman Responds and Answers Some Questions

The following comment was left by Ken Whitman on yesterday's post regarding the sale of Little Monsters. I'm reposting it here with minimal commenting as I feel it should be shared and read and not lost in the comments section of a prior post. The following is unedited - Tenkar

Jesus H Christ... Do you guys just speculate and make stories up for no good reason?

1. Marcus sold me the store for $320 a week for three years.
2. I have not been able to make a payment since January, and defaulted on the loan.
3. Marcus had me stay on until he found a new buyer.
4. A few weeks ago, Jim wanted to be bought out from Marcus (he was Marcus minority shareholder, he got a percentage when sold Little Monsters Comics, LLC to Marcus), so Marcus paid him money and gave the old store back to Jim.
5. Jim found a buyer. yesterday was my last day as manager as I was training everyone with the new management.

TA DA!

Q. Did Ken own the store.
A. Yes till I defaulted on the contract.

Q. Does Ken have anything to do with Little Monsters Ent?
A. No.

Q. Is Ken still working on Kickstarters?
A. Yes

Q. Is Ken going back to GA?
A. None of your damn business.

Q. Has Ken answered the NYC Lawsuit?
A. Yes Amazing how no one posted anything about it.

Q. Why did you shut down your facebook?
A. So I can move around the country, make money and finish my kickstarters without Harassment!

Q. What about the $250k in GA?
A. The woman drop charges when she figured out the files were on the disk, but she was using a PC & not a Mac and could not see them. Look using a Mac and TA DA! Why was that never posted?

Q. Do you ever get tire of people making stories up about you and then trying to convince others they are true.
A. There is no such thing as bad publicity.

Q. What do you think about the disbarred Attorney that keeps filing suits against you.
A. I think its a shame that he wasted $250k+ on a law degree, and then disbarred for being an aggressive bully asshole.

Take care you speculating libel bastards.

38 comments:

  1. This comment has been removed by the author.

    ReplyDelete
  2. "So I can move around the country, make money and finish my kickstarters without Harassment!"

    I read this as meaning - so I can drop under radar so that my numerous creditors cannot find me.

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    1. Yet this comment - and many more like it - is why I'm not worried of Kenny ever going completely underground. He ALWAYS has to resurface and make a comment, allowing The World to track him down yet again. He just can't stay quiet or invisible for more than a few weeks -- months at the most.

      Delete
    2. A few weeks? More like several hours.

      Whitman and I had a text exchange where he claimed he was going off social media, plus his public posting of deleting his accounts at midnight a few days ago. Hours later Whitman starts posting online again.

      Whitman CAN'T stay off of social media for more than a few days because it is the only way he can find new marks fast enough.

      Delete
  3. OK, if he couldn't make $320 a week above and beyond his other overhead then he had no business in business for himself. That's just a little over 11k... Here is what is even more silly, he was kept on to train the new management. Really, who would want to be trained by a so called business owner who couldn't make the business work. I don't have a dog in this fight as I never backed one of his kickstarters, but this guy is a waste of oxygen. To top it off he is going on the lamb, all I have to say is if anyone backs any of his future kickstaters deserves to get taken.

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  4. I spit coffee out my nose laughing when I read "A. There is no such thing as bad publicity."

    Is Ken running for president next?

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  5. Still no one gives a shit that the $250k deal in GA was a mistake and not on my end?

    No one takes time to post my reply to the law suit in NY?

    Seems it's only fun to report the bad and made up stories, but when the the truth comes up you don't like, you just skim on past it.

    Me: I'm gonna be in walking dead
    You: you're a lier
    Me: see I was
    You: daaaaa

    You: Ken stold 250k In movie shit
    Me: nope
    You: fuck you ya crook
    Me: she found them
    You: daaaaa

    You: here's civil papers on kemin NY but a guy disbarred in the state of MA for being unethical
    Me: really this guy's an idiot
    You: you're in trouble, we got you now
    Me: this guy's an idiot
    You: daaaaa

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  6. This comment has been removed by the author.

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    1. This comment has been removed by the author.

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  7. Ah hell. Nevermind. I've ridden this crazy train before. Keep doing what you do, Ken. Seems to be working out well for you so far.

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    1. We finally get to see the definition of Insanity at work. Maybe that's what he is going for in his plea to the judge. Could he even afford a bus ticket to NY to defend himself? God what a shit show that would be if WhitDawg represented himself in this matter.

      Delete
    2. And he is representing himself! OH MAN THIS IS GONNA BE GRAND!

      Delete
  8. Q. What about the $250k in GA?
    A. The woman drop charges when she figured out the files were on the disk, but she was using a PC & not a Mac and could not see them. Look using a Mac and TA DA! Why was that never posted?


    When was this resolved? Do you have a link to summary judgement? Anything with her saying "MY BAD!"

    Q. Has Ken answered the NYC Lawsuit?
    A. Yes Amazing how no one posted anything about it.

    You did? When did you mail your response? How did you send it? Pictures of the file in the mail? Come on Mr. CYA you gotta have it. Tell us in public when you mailed the files as the 30 day countdown is almost up.

    Q. What do you think about the disbarred Attorney that keeps filing suits against you.
    A. I think its a shame that he wasted $250k+ on a law degree, and then disbarred for being an aggressive bully asshole.

    If you removed the words "Disbarred Attorney" the exact words apply to you, your past dealings with all your POD, your 'movie' business, and your failed kickstarters.


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  9. First question: there never was a charge for theft of property because I have back the disk. She thought about suing me in civil court and then decided against it when she found the files. So nothing to show you.

    Second Question: it's all electronic, you can see them they are public files. Idiot never put them up like he did his own papers because he knows he's gonna get his case dropped and wants to play it off.

    Third question: I mean the statment. Kinda had to get shit done when 32 assholes, 2 idiots, and 200 misguided and lied too people think your the devil and break every law on the book to lible you.

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    1. Holy shit you DID file them

      https://iapps.courts.state.ny.us/nyscef/DocumentList?docketId=lEBiBFZoIZ4ZkV7IOT2L4w==&display=all&courtType=New%20York%20County%20Supreme%20Court&resultsPageNum=1


      04/28/2018
      Whitman, K. (Pro Hac / Pro Se

      Why Pro Se? I thought you had a legion of Lawyers backing you up?

      Delete
    2. I also filed to add a judge so she can decided personal juristiction.

      I Belive she will say... Nope. Not our juristiction. And that will be that.

      Why Idiot won't come to KY I have no idea?

      Small claims court for $250 is pretty easy.

      Delete
    3. See where I acted dumb there Jr. I know exactly why. But I'm pretty sure Kickstarter won't allow you to open up that can of worms. They gots more to lose then to allow that.

      Delete
    4. "Why Idiot won't come to KY I have no idea?"

      You did notice that Kickstarter PBC is joined as a co defendant, right?

      If you can explain some theory that Kickstarter PBC should or would find it reasonable to find itself in a KY court, then, maybe KY would be a valid venue for both defendants.

      Delete
    5. "Small claims court for $250 is pretty easy."

      You are right, small claims court for $250 would be very easy. The problem that money is not all I am looking for. Small Claims is a court of limited jurisdiction and can only issue an award for money; small claims can NOT order things like a transfer of the raw footage, can't order a full accounting, and has limited discovery.

      As a result the case has to be in a regular district court in New York County.

      Delete
    6. Am I the only one who can't see the court files? I see that they have been filed, but when I click it opens a new tab, then closes the new tab and goes back to the original site.

      Delete
    7. KS Terms in 2012:
      Governing Law
      These Terms of Service (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Kickstarter or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

      KS Terms now:
      We at Kickstarter encourage you to contact us if you’re having an issue, before resorting to the courts. In the unfortunate situation where legal action does arise, these Terms (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Kickstarter and its Services are deemed a passive website that does not give rise to jurisdiction over Kickstarter or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of Kickstarter, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

      Delete
    8. TL,DR: By using Kickstarter you agree that New York has jurisdiction over you with regards to anything stemming from your use of Kickstarter.

      Delete
    9. When trying to look at the files, make sure a popup blocker is not on, Nathan Christenson. It sounds like the site is trying to open a new tab or window for the PDF file, but is being blocked. It may be easier to just copy the link into another browser also.

      Delete
    10. Yeah, ID10T error was the problem.
      Turns out that it was downloading the files rather then displaying them and I hadn't noticed. :P

      Delete
    11. Bringing in the question of Amazon's being in Washington state and it's requirements interests me. (wishes that he wasn't out of popcorn...)

      Delete
  10. People saying that you took their money and didn't deliver on any of your Kickstarters isn't libel. Because it's true. Provably. Quite easily. Same deal with the various people who said they never received their Rapid POD orders from you, received only partial orders, or received orders that were so poorly manufactured that pages were falling out of them.

    Your cries of "Libel!" fall on deaf ears for the hundreds of people you've fleeced over the decades. You can cry all you want that none of it is true, but when a simple Google search proves (often in your own words) the contrary, nobody is going to buy it. You're pathetic, Ken Whitman.

    ReplyDelete
    Replies
    1. Not a lawyer, but I had to cover this in several courses for multiple degrees. The main defense against libel is the truth. Libel by definition is a lie. Additionally, there has to be proven harm attributable to said libel.

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    2. Yep. And, in the case of most allegations against Ken Whitman, the truth is easily verifiable. His problem is that it matches the narrative of the accusers, not his.

      Delete
  11. Seriously though, how long does it take to train someone to work at a local game shop?

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    Replies
    1. Honestly, not long. If you're a regular counter monkey, ring up, inventory, that's about it. Managing is a little more to do preorders, and unpack with invoice checks, payroll and other bills.

      Regular staff, a couple shifts. Managing, a few weeks.

      Delete
  12. Ken, in Marcus' most recent statement about you he mentioned paying you to work on your kickstarters for 20 hours a week. Is that true? Any comment on it?

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  13. What's the old proverb...ah yes, "A man who is his own lawyer has a fool for his client".

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    1. True, but then again ANYBODY who has Ken Whitman for a client, has a fool for a client.

      Delete
    2. This comment has been removed by the author.

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    3. Public defenders are only available in criminal cases as a sixth amendment constitutional right.

      So far, this is a civil case, so if Ken wants an attorney, someone will have to pay for it, otherwise Whitman is on his own.

      As a side note on my observation of public defenders; many of them are quite good at what they do, but they are limited in what they can do for a defendant since the resources are simply not there for a good defense in many cases. While having a public defender is much better than nothing if one is on trial for a crime, I would I would very concerned if my freedom was dependent on the job someone was able to do because of limited resources.

      Delete
    4. In my experience, there are generally two types of Public Defender; The True Believer and The Hack.

      Hacks are generally stuck working a Public defender job because they can't sustain employment at a Firm or on their own. True Believers believe in Justice, the believe not just that you are Innocent Until Proven Guilty, but that all defendants are innocent and victims of a corrupt Law Enforcement/Legal System.

      The True Believers are usually very competent counsel, and also usually outnumber The Hacks.

      On the downside, all those defendants generally don't help themselves or their PD: they want good representation but don't want to do things like return phone calls, attend meetings and appearances and take a useful hand in their own defense. In other words, they want their Public Defender to perform magic and other assorted miracles. They then compound the issue by lying to their PD (Because of course they're all innocent. Every.Single One.)

      Public defenders are not miracle workers.

      I've got my own heuristic: the more a defendant assists their Public Defender, the more seriously they take the whole process, the more likely they may, in fact,actually be innocent.

      Delete
  14. If your shaky grasp of what constitutes "libel" is a sample of your legal "expertise", you DEFINITELY need to retain counsel.

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  15. I sent an email to the people in Atlanta yesterday to see if they really did get all of their files or not.

    I find it hard to believe they would have been complaining for weeks if the problem was just connecting to another type of computer.

    ReplyDelete

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