tag:blogger.com,1999:blog-1724254580047847936.post3465959120748887690..comments2024-03-27T20:09:00.283-04:00Comments on Tenkar's Tavern: Ken Whitman - Criminal Defense Civil Attorney at Law (or does he just play one on TV?)Tenkarhttp://www.blogger.com/profile/05159289652051155824noreply@blogger.comBlogger30125tag:blogger.com,1999:blog-1724254580047847936.post-85555442126138950132016-03-24T15:54:59.350-04:002016-03-24T15:54:59.350-04:00Yes, it make one wonder. If indeed he cannot finis...Yes, it make one wonder. If indeed he cannot finish the KODT project himself, turning it over to someone who can would go a long way toward digging him out from under this mountain of madness he has created for himself. But then, that might also mean admitting defeat, or at least incompetence.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-5409575243047079062016-03-23T12:42:25.876-04:002016-03-23T12:42:25.876-04:00I am a Georgia Lawyer. The legal discussion here w...I am a Georgia Lawyer. The legal discussion here was interesting and one person's viewpoint was highly original. I do feel it important to note that Mr Whitman has hired a 'layer'. Not sure what that is. A layer of whipped cream might be rather pleasant, but fattening. A layer of sod might be more permanent. If he's adding to his residence, a brick layer might be useful. Regardless, while I've never been threatened by a layer, it's not a threat I would ever take too seriously.<br /><br />On a more serious note, if he ever delivered the raw KODT footage to a third party (ie ZOE), wouldn't that make a large part of this controversy just go away?<br /><br />Which raises the question of why he doesn't do that.mousestalkerhttps://www.blogger.com/profile/07640977915382623244noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-932794005804015542016-03-23T01:08:28.431-04:002016-03-23T01:08:28.431-04:00er... here actually. https://forum.rpg.net/showthr...er... here actually. https://forum.rpg.net/showthread.php?260989-Rapid-POD-Looking-to-Start-publishing-division-!&p=5787968#post5787968jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-48713241523672429272016-03-23T01:06:54.640-04:002016-03-23T01:06:54.640-04:00BTW if there is any doubt this conversation was wi...BTW if there is any doubt this conversation was with THE Ken Whitman, must compare it to is attacks nine years ago here. https://forum.rpg.net/showthread.php?260989-Rapid-POD-Looking-to-Start-publishing-division-!&p=5787968#post5787968jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-109832289992525022016-03-21T16:23:43.504-04:002016-03-21T16:23:43.504-04:00Kinda hard to call him when you're blocked fro...Kinda hard to call him when you're blocked from his page...Anonymoushttps://www.blogger.com/profile/08027242366142760935noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-4876499326766503732016-03-21T09:25:36.672-04:002016-03-21T09:25:36.672-04:00I think I have the archetype for my new "evil...I think I have the archetype for my new "evil NPC" pretty much wrapped up, thanks to this guy. I mean, it's not every day you come across someone who can actually be classified as "evil." I strong dose of "I'm right and the whole world is against me" normally has a bit of insanity around the edges, but there's enough thought process behind it to discount that possibility.<br /><br />Doughttps://www.blogger.com/profile/15657793356913767894noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-65533591647196781612016-03-20T23:48:39.642-04:002016-03-20T23:48:39.642-04:00honestly I don't know anyone who's ever ma...honestly I don't know anyone who's ever managed to get hold of him on that number in the past year.jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-52917868863537232332016-03-20T22:52:48.885-04:002016-03-20T22:52:48.885-04:00Might be his deciding factor to leave Kentucky. Pl...Might be his deciding factor to leave Kentucky. Plus the immediate co-mingling of funds is a business 101 no-no.ForgottenDMhttps://www.blogger.com/profile/14745040617370836738noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-8524611425834668172016-03-20T19:08:12.952-04:002016-03-20T19:08:12.952-04:00Yeah, if his courtroom demeanor is anything at all...Yeah, if his courtroom demeanor is anything at all like his Kickstarter attitude... well.. 'nuff said.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-27775522335711951162016-03-20T17:55:11.199-04:002016-03-20T17:55:11.199-04:00Good, and brief, read on Kentucky's opinion on...Good, and brief, read on Kentucky's opinion on a couple types of fraud: http://dlgfirm.com/kentucky-law-elements-of-fraud-claims/<br /><br />Now I have to make a very small assumption on the part of KenzerCo, that your contract with Kenny has a provision for being able to look at his books (not an uncommon thing with that type of IP license), but this is easily arguable regardless because of some of the claims/figures that Ken has made publicly available to his investors (backers):<br /><br />Fraud by Omission: <br />(1) that the defendants had a duty to disclose a fact or facts, (2) that the defendants failed to disclose such fact, <br />(3) that the failure to disclose induced the plaintiff to act, and <br />(4) that the plaintiff suffered actual damages there from.<br /><br />Fraudulent misrepresentation:<br />(1) the defendant must have made a material misrepresentation<br />(2) that was false<br />(3) that the defendant knew was false, or made with reckless disregard for its truth <br />(4) that was intended to induce the plaintiff to act, based on the misrepresentation<br />(5) that the plaintiff reasonably relied; and <br />(6) that caused the plaintiff injury.<br /><br /><br />Doesn't look like too much of a stretch, if any.....Christopher Stogdillhttps://www.blogger.com/profile/07831712020518883173noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-89703336413963054532016-03-20T15:59:03.170-04:002016-03-20T15:59:03.170-04:00Yeah, I've called that number before....got no...Yeah, I've called that number before....got nothing from it. I don't even remember being able to leave a voicemail. His number might as well been (123) 456-7890...Christopher Stogdillhttps://www.blogger.com/profile/07831712020518883173noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-54699774932838443252016-03-20T15:43:18.173-04:002016-03-20T15:43:18.173-04:00Just the fact he can be drawn so far offsides into...Just the fact he can be drawn so far offsides into the "No I'm not, but what are you?" retort school of 10 year old namecalling is funny in itself.Badmikehttps://www.blogger.com/profile/06199830751033032585noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-61647761390385277782016-03-20T15:38:51.182-04:002016-03-20T15:38:51.182-04:00Just thought I'd point out that in January, Ke...Just thought I'd point out that in January, Ken Whitman posted the following on this very site.<br /><br /><< "Look everyone, I'm hiding in plain sight! Oh and my phone number is on my Facebook page an kickstarter, and it the same number I have had for 5 years. But no one wants to call me, just talk shit on line. ">><br /><br />jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-11461076140226774392016-03-20T15:09:06.575-04:002016-03-20T15:09:06.575-04:00true. Ken would be doing a .lot of us a favor if h...true. Ken would be doing a .lot of us a favor if he actually sued.jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-15570175745402139192016-03-20T13:35:02.747-04:002016-03-20T13:35:02.747-04:00It's funny to watch someone who is vague and d...It's funny to watch someone who is vague and dismissive in defense of his failures to suddenly become specific and point driven in an attack. I think it is fairly obvious he has someone coaching him, perhaps that jailhouse lawyer-sex offender friend of his. Anyway, I do seriously hope he somehow finds an attorney who works on commission, and who falls for his "story," and files a case. That would accomplish the one thing that no one has been able to do: provide a physical body in a court proceeding from whom the entire sordid story can be forcibly extracted ("discovery" is such a nice term for it). Skipping out of Kentucky was easy, but if he isn't careful he may wind up being a federal fugitive (income tax evasion is serious business). So, c'mon Kenny, hit us with your best shot. Let's see who wins in the real world.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-63172296172421450312016-03-20T10:54:35.558-04:002016-03-20T10:54:35.558-04:00That has puzzled me as well. Ken still has some s...That has puzzled me as well. Ken still has some staunch supporters. Mostly older friends from his TSR/LG days who worked closely with him. I get loyalty to friends. I really do. But as I pointed out to someone recently who defended Ken as 'a good guy with good intentions". When you say that to someone who has been a victim of one of his ventures it invalidates them. <br /><br />I know someone who put up $750 dollars on KODTLAS who couldn't really afford it. They did so because they believed in the project and more importantly in ME. Ken, in my opinion pissed away that money carelessly. And instead of aplogizing he blocked her on Facebook for daring to ask about the status of the project. Then he called her a 'whiner'. Later in a PM he told me this person was an 'asshole' because she kept asking him about the project.<br /><br />Now this is the guy who hasn't posted a single update on KS for 7 months. A LOT of friends and family put in $500+. Ken can't be bothered answering emails or taking their calls. He sees them as a nuisance.<br /><br />So yes, I'm pissed at the guy. He asked in that discussion "Do you think Jolly is going to stop?" No, I'm not. Not until he posts an update on Kickstarter telling his backers the status of the project. Is he done? Is he still working on it? Is he going to turn over the raw footage? And that doesn't mean I'm going to harass him where he works or harass his friends (i've done neither). But I am going to keep posting updates on his KS and join any discussions about him that pop up.<br /><br />Anyway, when people who stand by Ken and publicly defend him as "well intentioned" it greatly annoys me. They are enablers. They are the folks who have permitted Ken to come back to the trough again and again to feed over the years because he's never been held accountable for his actions. He simply goes away until memories fade, just enough to sweep around and try again.<br /><br />The sad thing about all this is that a LOT of people were hurt. Not financially, I'm talking about broken trust. People who believed in the project and felt something magical was taking place. And that's Ken's special talent. Bringing a lot of creative people together on a project to work together. He's a great starter .<br /><br />The problem is he works that magic based on empty promises and promising things he can't deliver. And instead of learning from his mistakes he just moves on to the next project and repeats the same mistakes.<br /><br />jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-35262790555683474332016-03-20T10:48:36.572-04:002016-03-20T10:48:36.572-04:00Stockholm Syndrome.
Also, some folks just have bl...Stockholm Syndrome.<br /><br />Also, some folks just have blinders on like these apparent girlfriends who think he's wonderful until he steals from them too. Doc Savagehttps://www.blogger.com/profile/08783244633195233970noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-54046412333350769432016-03-20T10:36:35.997-04:002016-03-20T10:36:35.997-04:00Exactly. My understanding after talking to two dif...Exactly. My understanding after talking to two different people who worked closely with him is that ALL the kickstarter money from ALL the projects went into his personal account and were mingled with no real budget. Money was spent were he felt it was needed regardless of which project it came from (and of course he admitted this in that infamous interview last year). jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-20027181831199142432016-03-20T10:26:39.062-04:002016-03-20T10:26:39.062-04:00That's exactly right. IT's telling he has ...That's exactly right. IT's telling he has spent more energy fighting off backers he owes money/product to then he has in the last 8 months combined. Last time I checked it has been seven months since he's so much as typed a word on the KODTLAS kickstarter. Perhaps 8 or 9 months on Pencil Dice. And his Deck Die project (another no brainer - throw some money at a POD printer and you're done) even longer. Any sane person would realized just a "I'm working on it. Be Patient" update once a month would at least lull backers into thinking the guy's still engaged and hasn't walked away. He can't even be bothered to do that. If his "council" is truly telling him to be 'silent' and not talk and are doing him a great disservice. On the other hand they probably know when ever he opens his mouth or hits a keyboard he does himself more harm with his arrogance.jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-14367431211108499412016-03-20T03:48:24.738-04:002016-03-20T03:48:24.738-04:00The thing that really confuses me, and I said this...The thing that really confuses me, and I said this about Mike Nystul's failed kickstarters too, is I just don't understand the people who keep defending him. How people find ways to justify this behavior is mind boggling. I don't understand why it's okay for someone to take thousands of dollars and have nothing to show for it. Patrick Mallahhttps://www.blogger.com/profile/04906639025904535922noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-79554053011756362182016-03-20T03:10:44.403-04:002016-03-20T03:10:44.403-04:00Further discussion with a friend led me to this:
...Further discussion with a friend led me to this:<br /><br />"You can use Georgia's anti-SLAPP law to counter a SLAPP filed against you, but only in limited situations. Ga. Code Ann., § 9-11-11.1 allows a defendant to move to dismiss a SLAPP, provided that the exercise of free speech that prompted the lawsuit is about "an issue under consideration or review by a governmental body." If the court grants your anti-SLAPP motion, you may recover expenses and attorneys' fees from the SLAPP filer."<br /><br />From http://www.dmlp.org/legal-guide/anti-slapp-law-georgia<br /><br />As Kenny's Kickstarters are definitely an issue that is under consideration or review by a governmental body (how's those conversations with those State AG's going, Kenny?), a granted anti-SLAPP motion would stop Kenny's BIFD (Butthurt in the First Degree) case against me cold and allow me to recover fees from Kenny.<br /><br />Conversations about this have ebnn the most intellectual fun I've had in a long time. Sometimes, I wish I was a lawyer. It pays to have friends that can answer technical questions and point you to good answers.<br /><br />So, Kenny, if you read this - and we all know you are - you're screwed.Anonymoushttps://www.blogger.com/profile/07410526123783001692noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-63797028396253659482016-03-20T01:24:19.300-04:002016-03-20T01:24:19.300-04:00I highly doubt he actually has financial books to ...I highly doubt he actually has financial books to open. If he did then the numbers he has thrown out would have a basis in reality (and/or common sense). If he did have books, than previous statements could be proof of deliberate fraud and if he didn't....well probably significant incompetence that could be seen again as deliberate fraud. There is a certain level of reasonableness that should be expected of a business conducting a fundraising effort.....oh right....Kenny didn't HAVE a business. That would cost money (and not that much) in Kentucky!Christopher Stogdillhttps://www.blogger.com/profile/07831712020518883173noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-90134976318050939412016-03-20T00:11:24.251-04:002016-03-20T00:11:24.251-04:00http://i866.photobucket.com/albums/ab226/LasVegasR...http://i866.photobucket.com/albums/ab226/LasVegasRon/FR/whatamaroon.jpg<br />Anthony N. Emmelhttps://www.blogger.com/profile/14017952532295866111noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-91003292781795360922016-03-19T23:56:54.375-04:002016-03-19T23:56:54.375-04:00Love how he thinks "no criminal record" ...Love how he thinks "no criminal record" means the same as "not a criminal."Doc Savagehttps://www.blogger.com/profile/08783244633195233970noreply@blogger.comtag:blogger.com,1999:blog-1724254580047847936.post-75158949400658026012016-03-19T23:28:59.899-04:002016-03-19T23:28:59.899-04:00Someone needs to remind Ken that when he sold prod...Someone needs to remind Ken that when he sold product meant for backers to an online reseller and pocketed the cash any pretense that he 'had good intentions" or was just a 'bumbling businessman' went straight out the window. That was a calculated effort on his part. He pitched the sale, boxed up the books and received the cash — which he has admitted he used for his move to GA. He effectively made money on those books twice. Ken doesn't like to talk about that.jollyblackburnhttps://www.blogger.com/profile/10842567571943910730noreply@blogger.com