MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR RELIEF FROM A JUDGMENT OR ORDER PURSUANT TO RULE 60 (B) Gov - Uscourts.mad.140329.61.0

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 1 of 66
AARON GREENSPAN
greenspan@post.harvard.edu
1132 Boranda Avenue
Mountain View, CA 94040-3145
Phone: +1 415 670 9350
Fax: +1 415 373 3959
PRO SE
UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS
BOSTON DIVISION
AARON GREENSPAN,
Plaintiff,
Case No.: 1:11-cv-12000-RBC
v.
Judge Robert B. Collings
RANDOM HOUSE, INC.; MEZCO, INC.;
BENJAMIN MEZRICH; COLUMBIA
PICTURES INDUSTRIES, INC. a/k/a SONY
PICTURES a/k/a COLUMBIA TRISTAR
MOTION PICTURE GROUP,
Defendants.
MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR RELIEF FROM A

JUDGMENT OR ORDER PURSUANT TO RULE 60(b)
Plaintiff Aaron Greenspan (hereinafter Plaintiff), pro se, hereby submits this
memorandum of law in support of his motion pursuant to Rules 60(b)(1), 60(b)(2), 60(b)(3),
60(b)(5), and 60(b)(6) of the Federal Rules of Civil Procedure, and in support thereof states as
follows:
ARGUMENT
I.
The May 9, 2012 Orders and Judgment Should Be Amended, Modified or Vacated
Due to the Courts Inadvertent Mistakes
Rule 60(b)(1) permits a district court to set aside an order or judgment upon a finding of
mistake, inadvertence, surprise, or excusable neglect. To prevail on a Rule 60(b) motion, the
party seeking to have the judgment vacated bears the heavy burden of showing both a good
reason for the default and the existence of a meritorious defense. American & Foreign Ins. Assn
v. Commercial Ins., 575 F.2d 980, 983 (1st Cir. 1978). US v. Proceeds of Sale of 3,888 P. Atl.
Sea S., 857 F. 2d 46 (1st Cir. 1988). In the present case, the mistakes at issue are mistakes made
by the Court itself, and judicial mistake clearly fits into the domain of Rule 60(b)(1). Although
earlier versions of this rule limited mistake to mistake of a party, the 1946 Amendment removed
that restrictive qualification so that judicial mistakes are included within the scope of Rule 60(b).
See Fed. R.Civ.P. 60(b) advisory committee notes; 7 Moore, Federal Practice 60.22[3], pg. 60186. Cashner v. Freedom Stores, Inc., 98 F. 3d 572 (10th Cir. 1996). See also Lynn v.
Anderson-Varella, Case No. 5:06-cv-03172-SAC, Docket No. 35 (D. Kansas 2008):
[P]laintiffs claim of judicial mistake fits within (b)(1).
Motions for relief under Rule 60(b)(1) must typically be filed within one year of
judgment pursuant to Rule 60(c)(1). This case was timely appealed to the Court of Appeals for
the First Circuit, and then to the Supreme Court of the United States. The final decision of the
Supreme Court to deny certiorari was not issued until April 15, 2013, less than one year ago.
Strange though it may seem, the circumstances of this Courts mistake are actually so novel that
technically the one-year period from this Courts judgment has not yet started because Plaintiff
has yet to be properly notified of the Courts decision. On May 9, 2012, Plaintiff received an
improper decision from the Court via the CM/ECF system (and later, a copy of that improper
decision arrived by first class mail) containing an egregious and somewhat unbelievable error,
and Plaintiff is still waiting on a valid and corrected version. In other words, the very nature of
the error has had the effect of tolling the Rule 60(b)(1)-(3) one-year deadline and nullifying the
outcome of the entire appeals process thus far. The test is a practical one. The question is
whether the ... court ... has disturbed or revised legal rights and obligations which, by [the] prior
judgment, had been plainly and properly settled with finality. FTC v. Minneapolis-Honeywell
Regulator Co., 344 U.S. 206, 212, 73 S.Ct. 245, 249, 97 L.Ed. 245 (1952) (timeliness of petition
for certiorari). Simon v. Navon, 116 F. 3d 1, 3 (1st Cir. 1997). Here, the Court has clearly both
disturbed and revised Plaintiffs legal rights, regardless of its intention to do so.
A.
Due to Typographical Error, the Court Inadvertently Cited the Wrong

Definition of Non-Fiction in its Order, Materially Affected the Proceedings,
and Inadvertently Prevented Anyone From Noticing Except By Chance
On pages 27-28 of its Memorandum and Order on Motion of Random House, Inc.,
Mezco, Inc., and Benjamin Mezrich to Dismiss with Prejudice (#17) and Defendant Columbia
Pictures Industries, Inc.s Motion to Dismiss Complaint (#22) (Docket No. 50, hereinafter the
Dismissal Order), the Court wrote as follows:
The term nonfiction only means that the literature is based on true stories or
events, not that every statement is in fact demonstrably true. See, e.g.,
wiki.answers.com/Q/What_does_non_fiction_mean. Greenspan does not allege
that The Accidental Billionaire is not based on true events.
This block of text actually contains three errors, one of which is more obvious than the
other two. The first, most apparent, and least important error is that the title of Defendant
Mezrichs book should actually be plural (e.g., Billionaires). The fact that such an error exists
at this point in the Order may suggest, however, that the Court inadvertently overlooked this
section of the document. The second and third errors, actually impossible for a human being to
detect without the use of a computer, the internet, and an immensely powerful search engine,
relate to the citation proffered by the Court for the definition of the term nonfiction.
In the Order, the Court specifies the URL
wiki.answers.com/Q/What_does_non_fiction_mean
which leads to an anonymously-editable web page on a wiki called Answers.com entitled What
does non fiction mean? The web page contains several advertisements and notably states that it
is In: Literary Terms [Edit categories], referring to a category stipulated by the sites creator
(but not the contents author), Answers Corporation. However, a look through the history of the
many differing versions of content that have appeared on the page over time reveals that none of
those definitions actually match the definition cited by the Court, or even come close. The
definition of non-fiction presently offered on that page (for content changes frequently on wikis)
states1:
Non fiction describes books that have been written
about something true.
It generally refers to all
writing that is not fiction, where fiction refers to
writing about imagined or non-real people and/or
events.
The reason why the text on this page seems so distant from the Courts definition is because the
Court actually cited a completely different web page.
The page that the Court actually cited has a URL that differs by a single character: an
underscore. In actuality, the Courts citation should have read
wiki.answers.com/Q/What_does_nonfiction_mean
(Note the lack of underscore between non and fiction.) Both URLs are valid and lead to
2
results similar in appearance on the Answers.com wiki. At the URL with only three
underscores, as opposed to four, the title of the page is What does nonfiction mean? (note the
lack of space between non and fiction, differentiating it from above) and the category is
1
During appellate proceedings, Plaintiff added the last line to this definition to demonstrate to the First Circuit that a
party to a case could preemptively edit a wiki defining a term with the hope of affecting the cases outcome. The
previous definition was simply, Non fiction describes books that have been written about something true.
2
The presence of multiple, conflicting definitions for the exact same term on wiki.answers.com should alone render
the site completely ineligible for citation in federal judicial opinions due to its enormous subjectivity. It is the
digital equivalent of asking a random stranger in a crowded shopping mall for a detailed opinion on a complex legal
matterhardly a citable source.
given as In: Books and Literature, Definitions and Word Differences [Edit categories]. The
definition presented by the web site is, however, markedly different:
Nonfiction means it is true. The antonym of nonfiction
is fiction. Fiction means not real, fake. Non-fiction
are books based on true stories or events. When I was
young I could always remember the difference by
thinking Non-Fiction= Not Fake and Fiction =Fake. :)
Note the exact phrase used by the Court, based on true stories or events.
The second mistake is now apparent, although it is impossible to be sure as to exactly
what happened. What is clear (since the Court chose the portion of the definition most likely to
make Plaintiff appear in the wrong) is that the Court cited the incorrect URL in its Order,
apparently unaware that its typographical error still resulted in the citation of another, different
definition of the same termwhich became the (erroneous) basis for appeals to the First Circuit
and the Supreme Court.3
This brings us to the third, and also rather serious, error. No matter which definition the
Court really intended to cite to, the Court ended up using the definition at the URL with only
three underscoresbut only part of it. To be precise, it excised six words from the forty-threeword (not including the smiley face emoticon), anonymously-editable definition above4, but then
used the word only to describe those six wordsas if the other thirty-seven did not exist
when it stated in the Order that, The term nonfiction only means that the literature is based on
true stories or events (emphasis added). There is simply no standard by which this statement
could be understood to be true, which suggests judicial mistake. Now, finally knowing the
3
Plaintiff-Appellant believed that the Court had simply invented a new definition of non-fiction and made that
argument to the First Circuit on page 24 of his trial brief. On page 26 of the same brief, Plaintiff-Appellant cited the
erroneous URL provided by the District Court, pointing out that The Magistrate Judges supremely broad definition
of non-fiction flies in the face of these (and other) traditional definitions of the term that are relatively consistent.
The erroneous URL was also cited on page 10 of Plaintiffs Petition for Writ of Certiorari to the Supreme Court.
4
It is worth noting that this definition originated on December 15, 2007 as the wildly incorrect, Nonfiction
means it is not true, fake . The synonym of nonfiction is fiction. Fiction
means real. This was not fixed until August 21, 2008 by username Chiksingr. It is not clear from the wiki
history which version the Court actually saw on May 9, 2012 because the question was merged with another.
nature of the Courts source for the first time, it is abundantly clear that the wikis definition does
not only indicate that non-fiction material is that which is based on true stories or events. In
fact, that particular verbiage is really intended to give context to the very first statement in the
definition, which directly contradicts the Order: Nonfiction means it is true. This is of the
utmost importance to the present case because as Plaintiff has tirelessly argued, along with many
others, The Accidental Billionaires is not trueit is anything but true.
In summary, the Court made three typographical mistakes pertaining to the definition of
non-fiction: it mis-typed the title of the book in question, it mis-cited the source for its chosen
definition, and it mistakenly included the word only in its paraphrasing of that source when
there was absolutely no basis to do so. Of course, all of this could have been avoided if instead
of choosing a web site designed to change constantly, with multiple, similar URLs leading to
confusingly different and historically incredibly inaccurate content, the Court had cited a
traditional source for the meaning of a term, such as a dictionarywhich could easily be
considered a mistake of its own kind.
Due to the fact that the printed URL was also coincidentally valid, the second and third
errors were not detectable by Plaintiff or by subsequent judges or justices reviewing this
Courts decision, even throughout the entire appellate process. The errors were only
discovered by chance on November 1, 2013. On that date, Plaintiff was drafting a response to a
United States Patent and Trademark Office office action concerning Patent Application No.
12/900,428, which contains claims involving user reviews. To support an argument in response
to the patent examiner, Plaintiff considered citing this case as evidence of the presence of
numerical user reviews on popular web sites dating back many years. Searching for this case on
Google Scholar revealed another case citing this Courts use of wiki.answers.com to define
non-fiction. Rather than clicking on the link in this Courts decision, as Plaintiff had done
previously, Plaintiffs performed a Google search for what does non-fiction mean
site:answers.com (which seemed faster than finding the file containing the decision) and
revealed the existence of the previously unknown, uncited page with only three underscores in
the URL and verbiage partially matching the definition in Courts decision.
Importantly, the impetus for this particular search was the realization that the usage of
this particular definition in this very case had been cited to exonerate none other than Lance
Armstrongarguably our societys most reviled and well-publicized liarfrom wrongdoing in a
case in the Eastern District of California, despite the very public revelations that his career as a
professional cyclist and seven-time Tour de France champion had been built on a foundation
of drugs, fraud, and deceit. Stutzman v. Armstrong, Case No. 2:13-CV-00116-MCE-KJN,
Docket No. 107 (E.D. California 2013). See also Landis v. Tailwind Sports Corporation, et al,
Case No. 1:10-cv-00976-RLW, Docket No. 44 (D. of Columbia 2013). In other words, this
particular set of typographical errors amounts to a runaway train already starting to cause wrecks
throughout the nations courts.
Given the nature of the mistakes involved5, and that Plaintiff was precluded from making
key legal arguments concerning this Courts orders and judgment because of this Courts judicial
mistake, the Court should reimburse Plaintiff for his needless expenditures on appeal, including
filing fees for the Court of Appeals for the First Circuit and the Supreme Court. Cf. W. Keeton,
D. Dobbs, R. Keeton, & D. Owens, Prosser and Keeton on Law of Torts 41, p. 264 (5th ed.
1984) (In a philosophical sense, the consequences of an act go forward to eternity. . . . As a
practical matter, legal responsibility must be limited to those causes which are so closely
The nature of the mistake is materially different from simply providing an incorrect reporter page number in a
judicial decision. A reasonable reader would search the pages before and after a traditional citation to find the
desired case or textbut physical reporter pages are at least linked together by a binding. Despite the similar URLs,
the two different definitions of non-fiction on wiki.answers.com shared no common linkage, just as telephone
numbers off by one digit could be expected to reach completely different individuals or geographic areas. Here, the
similar telephone numbers both happened to connect to different individuals with the exact same name.
connected with the result and of such significance that the law is justified in imposing liability
(footnote omitted)). See also Simon, supra.
The judgments in this case of the Court of Appeals for the First Circuit and Supreme
Court are null and void as Plaintiff-Appellant was prevented, however inadvertently, from
making a fully-informed argument regarding the circumstances of this Courts ruling due to
judicial mistake. The issue of the definition of non-fiction was a major component of Plaintiffs
argument on appeal and the erroneous URL was even cited in Plaintiffs writ presented to the
Supreme Court. A review of the appellate record as well as the petition for writ of certiorari will
reveal that at no point did Plaintiff even suspect that a parallel, un-cited definition of non-fiction
had informed Judge Collings; it was therefore impossible to argue about its merits.
B. Advertorial is a Term of Art Used by the Federal Government, Not a Typo
In the Courts Memorandum and Order on Motion for Leave to File First Amended
Complaint (#41) (Docket No. 49, hereinafter the Leave Order), page 3 contains footnote 3,
which uses the indicator [sic] immediately following the term advertorial. This term is not a
mistake, contrary to the Courts indication. Aside from its presence in Federal Trade
Commission literature (see http://www.ftc.gov/bcp/edu/microsites/youarehere/pages/pdf/FTCAd-Marketing_Promoting-Stuff.pdf, attached as Exhibit D: Hybridsprint ads that look like
articlesare called advertorials.), the term is recognized by and used by other courts.
Cosprophar styled its advertisements as advertorials, which are newspaper and magazine
advertisements that are formatted in the same style as news articles and are placed adjacent to
news items. As the district court noted, the advertorial format was designed to enhance the
seriousness and credibility of [Cosprophar's] advertising. [citation omitted]. Ortho
Pharmaceutical Corp. v. Cosprophar, Inc., 32 F. 3d 690 (2nd Cir. 1994). See also DiazRodriguez v. Torres Martir, 394 F. Supp. 2d 389, 392 (D. Puerto Rico 2005). Thus, as a
general proposition, the mistake provision in Rule 60(b)(1) provides for the reconsideration of
judgments only where: (1) a party has made an excusable litigation mistake or an attorney in the
litigation has acted without authority from a party, or (2) where the judge has made a substantive
mistake of law or fact in the final judgment or order. Cashner, supra, at 576. Here, the second
condition is present, for the Court apparently disregarded well-pleaded facts as typographical
errors, possibly based upon the incorrect assumption that a pro se litigant would be more likely
to make such an error.
C. The Court Cited The Wrong Portion of Schedule A in its Defamation Analysis
After invoking the importance of context and citing a portion of Schedule A attached to
the initial Complaint, this Court stated on page 38 of the Dismissal Order that, A reasonable
listener could not conclude that defendant Mezrichs statements during the C-SPAN interview
implied an assertion of an undisclosed fact about the plaintiffs motives. In its calculus, the
Court mistakenly omitted this statement by Defendant Mezrich:
The only people who would benefit are the characters in the stories who dont
want them told. Right? The character who doesnt want this story told would
benefit by it being called fiction. The character who does want it told is benefited
by its being called non-fiction. Id.
A reasonable listener would conclude after hearing Defendant Mezrichs statement that
as a character who doesnt want this [completely inaccurate] story told, Plaintiff must have an
undisclosed motive[] as to why.
II.
New Evidence of Defendants Wrongdoing Requires Relief from Judgment

The First Circuit has specified four criteria regarding new evidence presented in a Rule
60(b)(2) motion: (1) the evidence has been discovered since the decision; (2) the evidence could
not by due diligence have been discovered earlier by the movant; (3) the evidence is not merely
cumulative or impeaching; and (4) the evidence is of such a nature that it would probably change
the result of the prior ruling. U.S. Steel v. M. DeMatteo Construction Co., 315 F.3d 43, 52 (1st
Cir. 2002).
Pursuant to Rule 60(b)(2), Plaintiff points to several pieces of new evidence material to
the case that either did not exist at the time of the Courts ruling on May 9, 2012, or were not
known to Plaintiff despite extensive due diligence in this case and others. All of this evidence
would be extremely likely to change the result of the prior ruling.
First, in September, 2012, Plaintiff found instant message conversations from 2003-2005
between Plaintiff and Mark Zuckerberg, CEO of Facebook, Inc., located in the Other folder of
a compressed archive file, which corroborate Plaintiffs assertions in this case. While Plaintiff
did have access to other instant message conversations with Zuckerberg at the time the complaint
was filed, these conversations were not relevant enough to include in the complaint, and having
already gone through the discovery process in two trademark cancellation proceedings against
Facebook, Inc. before the United States Patent and Trademark Office Trademark Trial and
Appeal Board, Plaintiff reasonably but incorrectly believed that all of the files still in existence
had already been recovered. The newly-discovered conversations definitively put to rest
Defendants specious argument that Plaintiff merely imagined himself as being relevant to the
story that Mezrich sought to tell. Plaintiff should have the opportunity to include the newlydiscovered conversations in a newly amended complaint.
Second, on May 28, 2013, Defendant Mezrich published his latest non-fiction book
about the failure of and United States Department of Justice investigation into Absolute Poker
called Straight Flush: The True Story of Six College Friends Who Dealt Their Way to a BillionDollar Online Poker Empireand How It All Came Crashing Down. This book, as with
Mezrichs previous books, was and is offered for sale on the popular on-line retailer
Amazon.com. On June 14, 2013, a user on an on-line discussion forum called Poker Fraud Alert
10
started a discussion entitled Ben Mezrich appears to write his own 5-star book reviews on
Amazon that eventually attracted 55 contributions analyzing the numerous fake reviews on
Straight Flushs Amazon.com page, echoing Plaintiffs allegations regarding The Accidental
Billionaires in 96 and 99 of the initial Complaint. See
http://pokerfraudalert.com/forum/showthread.php?4957-Ben-Mezrich-appears-to-write-his-own5-star-book-reviews-on-Amazon. Referring to two among the many suspect reviews, the
criticism was specific:
Among the suspicious circumstances:
1) Both "Michael" and "DC" gave 5-star reviews to the
book on Amazon despite not having purchased it there.
2) Both reviews
another.
were
3) Both reviewers
anywhere on Amazon.
posted
have
within
posted
ZERO
minutes
other
of
one
reviews
4) Both used a short phrase with all capitalized words

and an exclamation point as their review title.
Michael's is "Extremely Accurate!" while DC's is "Rock
Star!!!!
In response to Plaintiffs brief involvement on this forum, one user also suggested that
Mezrich was repeating his pattern as alleged by Plaintiff regarding The Accidental Billionaires:
Mezrich did not do this out of ignorance. He was
perfectly aware of the facts, but chose to print this
fictitious version of events, turning callous criminals
into fun-loving entrepreneurs. Despicable.
Whether or not this statement can be proven, Plaintiff at least deserves the opportunity to
amend his complaint to reflect the ongoing and seemingly continuous allegations by Defendant
Mezrichs many victims. Additionally, the presence of such a pattern speaks to the legitimacy of
Plaintiffs Lanham Act claim and proposed RICO claim in his Proposed First Amended
Complaint.
11
Third, on June 28, 2013, Haley Hintze, a journalist and contributor to the above
discussion, revealed a key connection between Defendant Mezrich, false-Accidental Billionairesreview author Tiffany Dowd, and Defendant Sony Pictures Industries, Inc: an individual named
Dana Brunetti, Dowds husband, who is also Mezrichs agent and actor Kevin Spaceys former
executive assistant. Kevin Spacey was the Executive Producer of The Social Network, the movie
adaptation of The Accidental Billionaires released by Defendant Sony Pictures Industries, Inc.
Therefore, it would appear that in writing her fake review of The Accidental Billionaires, Ms.
Dowd actually stood to gain financially at the very least from her husbands clear financial
interest in falsely promoting Defendant Mezrichs dubious worka fact that was heretofore
unclear. Brunetti may have also been responsible, directly or indirectly, for other fake reviews
designed to prop up sales of The Accidental Billionaires and/or The Social Network.
Fourth, starting in March, 2012 and continuing for over eighteen months, an anonymous
user (with the IP address 70.123.140.34, somewhere in Austin, TX) on the social networking
service Twitter created an account with the username @AaronGreenspan and copied the graphic
design of Plaintiffs actual Twitter account (with username @ThinkComp), impersonating
Plaintiff. This user used the fake account to disseminate false, hate-filled and scornful messages
regarding Plaintiff, obviously influenced by The Accidental Billionaires and these proceedings
concerning the book. One such message posted on April 8, 2012, after the last brief in this Court
prior to judgment had been submitted, stated Make sure to check out Authoritas on Amazon!
[amazon.com hyperlink] Remember, 10 cents of every dollar goes toward my psychiatric
medications. Plaintiff has never been prescribed such medications, nor has Plaintiff ever used
them, making the statement, published with the intention of dissemination to the general public,
patently false and obviously defamatory. Statements published in September, 2013 on the same
@AaronGreenspan Twitter account included phrases such as, My clinically diagnosed
12
megalomania is so acute again attempting to give the false impression to the public that
Plaintiff was mentally ill. Though some of the vitriol emanating from this account appeared to
be directly motivated by these court proceedings, as opposed to The Accidental Billionaires
itself, the author of the messages was clearly a strong believer in the book and Defendant
Mezrichthe individual even attempted to communicate with Defendant Mezrich while
impersonating Plaintiffand so the absurd portrayal of Plaintiff in The Accidental Billionaires
added considerable fuel to the fire, when an accurate portrayal would have dampened it or
prevented it entirely. Plaintiff would have included these public, hateful and scornful messages
in Proposed Exhibit H, but leave to amend was denied by this Court as futile.
Plaintiff should be afforded the opportunity to include all of these key facts in a new
amended complaint.
III.
Fraud and Misrepresentation by Defendants

Rule 60(b)(3) allows relief from judgment for fraud (whether heretofore denominated
intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party. Pakizegi v.

First Natl Bank, 56 F.3d 59 (1st Cir. 1995). This case involves at least the latter two factors.
On February 19, 2012, Plaintiff saved a copy of Tonya Mezrichs pseudonymous,
misleading and factually incorrect review of The Accidental Billionaires, which had been located
at http://www.amazon.com/review/RGTZW678UNG8A, to his personal computers hard drive.
Defendants were on notice of the reviews significance; Mrs. Mezrichs review was referenced in
96 and 99 of the initial Complaint (Docket No. 1) though at the time it was unclear to
Plaintiff who had authored it. It was explicitly identified, once Mrs. Mezrichs on-line identity
was revealed, in 110, 148(b), 155, and 170 of the Proposed First Amended Complaint (Docket
No. 41-1). It was also discussed on page 7 of Plaintiffs Reply Memorandum in Support of
Plaintiffs Motion for Leave to File a First Amended Complaint. By the time Plaintiff filed his
13
petition for re-consideration with the Court of Appeals for the First Circuit on October 22, 2012,
the reviewand only that particular review authored by Mrs. Mezrichhad been deleted,
presumably so that Plaintiff and the Court could not find it, demonstrating bad faith as appellate
proceedings were still ongoing.
The general principles concerning the inferences to be drawn from the loss or
destruction of documents are well established. When the contents of a document are relevant to
an issue in a case, the trier of fact generally may receive the fact of the documents
nonproduction or destruction as evidence that the party which has prevented production did so
out of the well-founded fear that the contents would harm him. Nation-Wide Check Corp. v.
Forest Hills Distributors, 692 F. 2d 214, 217 (1st Cir. 1982). Were proceedings still ongoing,
such conduct would be likely sanctionable, even without bad faith. Certainly bad faith is a
proper and important consideration in deciding whether and how to sanction conduct resulting in
the destruction of evidence. But bad faith is not essential. If such evidence is mishandled
through carelessness, and the other side is prejudiced, we think that the district court is entitled to
consider imposing sanctions, including exclusion of the evidence. Sacramona v.
Bridgestone/Firestone, Inc., 106 F. 3d 444, 447 (1st Cir. 1997).
Since the exact date on which Mrs. Mezrichs review was deliberately deleted is not
known, and certainly was not communicated to Plaintiff, it would have been impossible for
Plaintiff to react to the documents deletion at the appropriate time throughout these
proceedings. Instead, Plaintiff reacted as soon as he noticed, during the preparation of the
petition for reconsideration before the Court of Appeals for the First Circuit. Such actions taken
in bad faith fall squarely within Rule 60(b)(3).
Furthermore, on page 4 of their opposition to Plaintiffs Motion for Leave to File a First
Amended Complaint (Docket No. 42) counsel for Defendants knowingly misrepresented
14
Plaintiffs allegations against Mrs. Mezrich as frivolous when they knew full well that they
were grounded in solid fact. Additionally, counsel for Defendants knowingly misrepresented
their clients actions and work when on page 10 of their Reply Memorandum in Support of
Random House, Inc.s, Mezco, Inc.s, and Benjamin Mezrichs Motion to Dismiss with
Prejudice (Docket No. 40) they alleged that Defendants were merely creating an account of
history. Accounts of history cannot possibly include fabricated and imagined scenes, as The
Accidental Billionaires does, unless they are fictional accounts. See initial Complaint Schedule
B, #18 under Fabrications; see also Proposed First Amended Complaint, Schedule B, #18 and
#19 under Fabrications.
IV.
New, Material Legal Precedent Has Emerged Since May 9, 2012

Pursuant to Rule 60(b)(5), Plaintiff points out several changes in the legal landscape that
have the effect of reversing this Courts May 9, 2012 Orders and Judgment.
A. Lanham Act
As discussed previously, wiki.answers.com encourages anonymous members of the
public to change content as often as possible. The definition of non-fiction has changed and/or
been merged with other similar content on the site since May 9, 2012. See
http://wiki.answers.com/Q/Special:Changes&cv=question:What_does_nonfiction_mean
(assuming that the Court intended to cite to the URL with only three underscores). These
changes may very well have the same effect as overruling legal precedentwhich suggests yet
another reason why citing a wiki, let alone any web page, in the presence of a more stable
alternative is highly inadvisable.
Plaintiffs revised and more specific Lanham Act claim as presented in his Proposed First
Amended Complaint was deemed futile in the Courts Leave Order, in the same footnote 3 that
misconstrued advertorial as a typographical error. Since the Courts decision, the Federal
15
Circuit has overturned all of the substantive points of this footnote and the rejection of Plaintiffs
Lanham Act claim.
In footnote 3, this Court wrote that, Greenspan has alleged no facts to show that these
reviews were factually inaccurate; his complaint seems to be that the authors of the reviews did
not reveal their purported connections to the defendants. (#41, Exh. 1 107-112) This is not a
Lanham Act violation. Although this legal conclusion is assuredly based on some legal
precedent6, this Court did not make its source here known at all.
Lanham Act 43(a)(1) may be violated by advertising that is either literally false, or
when the advertisement, while not literally false, is nevertheless likely to mislead or confuse
consumers. Tiffany (NJ) Inc. v. eBay Inc., 600 F.3d 93, 112 (2d Cir. 2010); see also Johnson &
Johnson * Merck Consumer Pharms. Co. v. Smithkline Beecham Corp., 960 F.2d 294, 297 (2d
Cir. 1992) ([A] plaintiff must show that either: 1) the challenged advertisement is literally false,
or 2) while the advertisement is literally true it is nevertheless likely to mislead or confuse
consumers.). Hall v. Bed Bath & Beyond, Inc., 705 F. 3d 1357 (Fed. Cir. 2013). This decision
was published on January 25, 2013, approximately eight months after this Courts decision, and
approximately three months after the Court of Appeals for the First Circuit denied PlaintiffAppellants petition for re-consideration.
The Hall decision directly reads on the present case and supercedes any other precedent
that this Court may have been relying upon. It concerns 43(a) of the Lanham Act, the exact
same section of law cited in 102 of the initial Compliant and in 140 of the Proposed First
6
In its Dismissal Order, this Court cites to the district case Applera Corp. v. Michigan Diagnostics, LLC, 594 F.
Supp.2d 150, 163 (D. Mass 2009) to support, To state an unfair competition claim, facts supporting bad faith
must also be alleged. This is simply false. The case in Applera Corp. involved a patent claim, and as the very
same decision states on page 161two pages priorWhile a patentees statements as to its patent rights are
conditionally privileged, they may be actionable if made in bad faith. Zenith, 182 F.3d at 1353. To harmonize this
tension between patent law and the Lanham Act, the Federal Circuit held in Zenith that before a patentee may be
held liable under 43(a) for marketplace activity in support of its patent, and thus be deprived of the right to make
statements about potential infringement of its patent, the marketplace activity must have been undertaken in bad
faith. Id. No patents were ever at issue in this case.
16
Amended Complaint. It also clarifies that this Courts concern with factual[] inaccura[cy] is
moot, because Lanham Act 43(a)(1) may be violated by advertising that while not literally
false, is nevertheless likely to mislead or confuse consumers. Proposed First Amended
Complaint 107-109 went into extremely specific detail alleging that consumers would be
likely to be confused by the advertorial Amazon.com reviews in question. Furthermore, since
many of the reviewers had an undisclosed financial connection to Defendants, the sponsorship
prong of 43(a)(1)(A) is invoked here. As to the Defendants repeated characterizations of The
Accidental Billionaires as true, accurate and non-fiction, the same standard outlined in
Hall applies: regardless of the factual accuracy or inaccuracy of the characterizations, the mere
likelihood of consumer confusion is enough to violate the Lanham Act. Id.
This Courts assertion on page 27 of its Dismissal Order that, The plaintiff must allege
facts sufficient to show that the plaintiff was damaged by the defendants actions is similarly
overturned by Hall. To meet the Lanham Act provision, Hall need not plead actual harm; the
likelihood of harm is the statutory criterion. See 43(a)(1) (a false advertiser shall be liable in a
civil action by any person who believes that he or she is or is likely to be damaged by such
act.). Id.
B. Defamation and Libel Per Quod
Regarding defamation, the Supreme Court issued its opinion in FAA v. Cooper, 132 S.
Ct. 1441, on March 28, 2012, the same day that the final brief prior to judgment was submitted to
this Court by Defendant Columbia Pictures Industries, Inc. In FAA, the Court states:
[W]e observed that the provision parallels the remedial scheme for the
common-law torts of libel per quod and slander, under which plaintiffs can
recover general damages, but only if they prove special harm (also known as
special damages), id., at 625, 124 S.Ct. 1204; see also 3 Restatement of Torts
575, Comments a and b (1938) (hereinafter Restatement); D. Dobbs, Law of
Remedies 7.2, pp. 511-513 (1973) (hereinafter Dobbs).[5] Special damages
are limited to actual pecuniary loss, which must be specially pleaded and proved.
1 D. Haggard, Cooley on Torts 164, p. 580 (4th ed. 1932) (hereinafter
17
Cooley).[6] General damages, on the other hand, cover loss of reputation,

shame, mortification, injury to the feelings and the like and need not be alleged in
detail and require no proof. Id., 164, at 579. Id. at 1450-1451.
Footnote 5, referenced above, states, Libel per quod and slander (as opposed to libel and
slander per se) apply to a communication that is not defamatory on its face but that is defamatory
when coupled with some other extrinsic fact. Dobbs 7.2, at 512-513. In addition to general
injuries pled in 102-104 of the Proposed First Amended Complaint, Plaintiff pled a specific
pecuniary loss in 101: the inability to even get a response from Richard Fairbank, CEO of
Capital One, despite meeting him in person after Mr. Fairbank had just invoked The Social
Network during a talk given to Stanford University students extolling the movies portrayal of
Facebooks entrepreneurial founders. Plaintiffs goal was not to make small talk; it was to
discuss licensing his companys mobile payment system software and patentsyet accurately
identifying himself as being involved in Facebooks history only alienated Mr. Fairbank.
Massachusetts has abolished the distinction between per se and per quod defamation.
Simas v. First Citizens Fed. Credit Union, 63 F. Supp. 2d 110, 116 (D. Mass. 1999) (citing
Sharratt v. Hous. Innovations, Inc., 365 Mass. 141, 147 (1974)). Williams v. Massachusetts
College of Pharmacy and Allied Health Sciences, Case No. 1:12-cv-10313 (D. Mass. 2013).
That in similar circumstances post-judgment, another judge in this Court upheld Sharrattthe
same case upon which Plaintiff based much of his argument concerning defamationis
significant. Williams further addresses the matter of opinion versus fact, pointing out that
statements deliberately cast as opinion (e.g. as far as Eduardo knew), may imply the existence
of undisclosed defamatory facts on which the opinion purports to be based, and thus may be
actionable (citations omitted). Id.
Pursuant to Rule 60(b)(5), which has no temporal restriction, Plaintiff should be granted
relief from the orders and judgment of May 9, 2012 and should be granted leave to amend his
18
complaint based upon the most up-to-date, controlling definition of non-fiction, the recent Hall
decision in the Court of Appeals for the Federal Circuit, which is binding upon this Court, and
the decision by the Supreme Court of the United States in FAA.
V.
Other Factors Pursuant to Rule 60(b)(6)

In the alternative to the arguments outlined herein pursuant to Rule 60(b)(1)-(3), Plaintiff
requests that the Court consider Rule 60(b)(6) as a basis for granting his motion for relief. Even
though Plaintiff maintains that he was never properly informed of the Courts ruling in these
proceedings due to the highly unusual circumstances of its many and technologically-significant
typographical errors, meaning that the one-year deadline for Rules 60(b)(1)-(3) never could have
begun, Rule 60(b)(6) is free of such restrictions and is intended to be used in extraordinary
circumstances such as these.
The attached articles authored by Haley Hintze and Steve Ruddock describe in great
detaildirectly echoing Plaintiffs allegations in this caseongoing, post-judgment activities of
certain Defendants (namely Mezrich and Mezco), who through their illegal enterprise refuse to
stop injuring both the consuming public and the reputations of those unlucky enough to become
the subjects of Defendant Mezrichs slippery pen and hyperbolically-tuned interest, which
exaggerates and twists material in both directions, to either genius or total irrelevance. See
Exhibits E and F.
Lastly, Plaintiffs pro se representation should have been enough for the Court to grant at
least one attempt at amending the complaint, for the Court is required to be more liberal with
granting leave than it otherwise would. A pro se complaint should not [be] dismiss[ed]
without [the Court] granting leave to amend at least once when a liberal reading of the complaint
gives any indication that a valid claim might be stated. Branum v. Clark, 927 F.2d 698, 705 (2d
Cir. 1991). Chavis v. Chappius, 618 F. 3d 162 (2nd Cir. 2010). Other courts in similar cases
19
regarding controversy over non-fiction designations have granted represented parties three
attempts to amend. Pfau v. Mortenson, Case No. 12-35400 (9th Cir. 2013). If there is anything
that Plaintiffs pro se status should not indicate to the Court, it is that Plaintiff is somehow alone
in his deep conviction that these proceedings have thus far amounted to a grave injustice, both on
their own and when viewed in the broader context of their impact on the Stutzman case, supra,
and future proceedings still yet to be decided.
CONCLUSION
However inconvenient and alarming, the errors in this case are correctable, and the serial
misrepresentations of Defendants are addressable through sanctions or otherwise. The Court
should grant Plaintiff at least one opportunity to amend his complaint accordingly.
WHEREFORE, for all of the foregoing reasons, Plaintiff respectfully requests that this
Court grant his Motion for Relief from a Judgment or Order Pursuant to Rule 60(b).
Respectfully submitted this 6th day of November, 2013.
Aaron Greenspan
1132 Boranda Avenue
Phone: +1 415 670 9350
Fax: +1 415 373 3959
E-Mail: greenspan@post.harvard.edu
20
CERTIFICATE OF SERVICE
I, Aaron Greenspan, hereby certify that this document filed through the ECF system will
be sent electronically to the registered participants as identified on the Notice of Electronic Filing
(NEF) and paper copies will be sent to those indicated as non-registered participants.
By
Aaron Greenspan
1132 Boranda Avenue
greenspan@post.harvard.edu
EXHIBIT A
Memorandum and Order on Motion of Random House, Inc., Mezco, Inc., and Benjamin
Mezrich to Dismiss with Prejudice (#17) and Defendant Columbia Pictures Industries,
Inc.s Motion to Dismiss Complaint (#22) (Docket No. 50) Pages 27-28
27
.koob noitcifnon a ton si serianoilliB latnediccA ehT taht

tseggus ton od stcaf esehT )B eludehcS ,1#( .llaH sttesuhcassaM ni ksed stnediserp eht dniheb flehskoob
on saw ereht dna ;dednamirper yllaiciffo reven saw eh nehw etisbew sih rof elbuort ni tog napsneerG taht
tnemetats eht ;koobecaF esuoH lasrevinU ton dna kooB ecaF lasrevinU ehT dellac saw etisbew sffitnialp
eht fo tnemges eht ;eman tsal sl a u dividni na fo gnillepssim a ;esuoH toilE ton ,esuoH dnalkriK ni devil
grebrekcuZ kraM taht ;smhtirogla fo daetsni smhtiragol ,tiw ot ,txetnoc ecneics retupmoc a ni drow gnorw
eht fo esu eht :sa hcus sgniht edulcni srorre esehT .tnialpmoc eht ot B eludehcS ni srorre detroprup fo tsil a
htrof stes napsneerG ,yrots eurt a ton si serianoilliB latnediccA ehT taht noitnetnoc eht troppus oT
8
taht snaem ylno noitcifnon mret ehT )89 1#( 8.koobecaF fo snigiro eht ni elor
sffitnialp eht yevnoc ton did stnadnefed eht ,.e.i ,noitamafed troppus ot degella
stcaf eht ohce noitatneserpersim a si noitcifnon sa serianoilliB latnediccA ehT ot
gnirrefer taht mialc eht troppus ot degella stcaf ehT )001 ,99 ,69 1#( .tsil
srelles-tseb eht pu koob eht leporp ot serianoilliB latnediccA ehT fo sesahcrup
klub gniyub yb dna ,serianoilliB latnediccA ehT fo sweiver rats-evif gniyub yb
,noitcifnon sa serianoilliB latnediccA ehT gnitangised yb gnisitrevda laicremmoc
eht ni snoitatneserpersim desu stnadnefed eht taht sdnetnoc napsneerG
.snoitca
stnadnefed eht yb degamad saw ffitnialp eht taht dna ,skrow esoht gnisahcrup
otni sremusnoc decneulfni taht mliF eht dna serianoilliB latnediccA ehT
fo gnisitrevda laicremmoc eht ni snoitatneserper gnidaelsim desu stnadnefed
eht taht wohs ot tneiciffus stcaf egella tsum ffitnialp ehT .)9002 ,.ssaM .D(
361 ,051 d2.ppuS .F 495 ,CLL ,scitsongaiD nagihciM .v .proC arelppA .degella

61
11/06/13
23 66
28
.deredisnoc eb tonnac stcaf esoht ,snoitom evitisopsid

eht ot noitisoppo ni mudnaromem sih ni stcaf lanoitidda srefforp ffitnialp eht taht tnetx e e ht oT .)9002
,.riC 1( 51 ,01 d 3 . F 575 ,.cnI ,obaruT ed ocideM ortneC .v areviR .tnialpmoc eht fo srenroc ruof eht nihtiw
detaroprocni ro degella stcaf eht no yler ylno yam truoc eht ,noitom )6()b(21 eluR a no gnilur nI
10
.stneve emas eht fo stnuocca

gnitsartnoc evah yeht hguoht neve noitcifnon sa detangised eb htob yam skoob owT .stcaf eht fo noisrev
sffitnialp eht no desab ton si serianoilliB latnediccA ehT taht sege l l a y l n o yllaitnesse napsneerG
9
eht gnisuac yb ssenisub sffitnialp eht demrah snoitatneserpersim stnadnefed

eht taht degella stcaf on era erehT .tcA mahnaL eht rednu dezingocer mrof a
ni egamad degella ton sah napsneerG ,yltsaL .snoisiced gnisahcrup remusnoc
,ecneulfni ylekil dluow ro ,decneulfni ,srebmun selas gnitsoob dna sweiver
rats-evif gniyub ,.e.i ,stnadnefed eht yb edam snoitatneserpersim detroprup
eht taht noitressa on si ereht ,revoeroM )001 ,99 1#(
01
.yrosulcnoc
era snoitagella eht ,srebmun selas tsoob ot serianoilliB latnediccA ehT

fo sesahcrup klub edam dna sweiver rats-evif niag ot sreweiver detasnepmoc
stnadnefed eht taht degella si ti tnetxe eht oT .mialc tcA mahnaL a troppus
ton seod noitcifnon eb ot serianoilliB latnediccA ehT detangised stnadnefed
eht taht tcaf ehT 9.stneve eurt no desab ton si erianoilliB latnediccA ehT taht
egella ton seod napsneerG .naem_noitcif_non_seod_tahW/Q/moc.srewsna.ikiw
,.g.e
e e S
.eurt
ylbartsnomed
tcaf
ni si tnemetats yreve taht ton ,stneve ro seirots eurt no desab si erutaretil eht

61
11/06/13
24 66
EXHIBIT B
What does non fiction mean?
http://wiki.answers.com/Q/What_does_non_fiction_mean
What does non ction mean

Case
1:11-cv-12000-RBC Document 61 Filed http://wiki.answers.com/Q/What_does_non_ction_mean

11/06/13 Page 26 of 66
Ask us anything
BOOKS AND LITERATURE
GO
(sign out)
My Pages
LITERATURE & LANGUAGE
Answers.com > Wiki Answers > Categories > Literature & Language > Books and Literature > Literary Terms > What does non fiction
Hi Thinkcomp
[Sign out]
mean?
Question tools
In: Literary Terms [Edit categories]
Question history
Supervisors
What does non fiction mean?
Question home
Contributors
Contributors
Ads
Improve answer
Edit categories
Edit alternates [6]
Add related links
Add related questions
Flag
Unfollow
Discuss
Site tools
WikiAnswers
Myrab51
Trust: 6070
Literature Supervisor
Google Profile
Recommend Supervisor
QuickBooks Online
Access Your Books Anytime, Anywhere & Even
Share with Others. Try Free!
www.QuickBooksOnline.com
Can you answer these?
Instant Grammar Checker

Correct All Grammar Errors And Enhance Your
Writing. Try Now!
www.Grammarly.com/Grammar_Checker
How can you get straight E's?
In: Vowel Sounds

What president rode side saddle first?
Download a Free Audiobook
In: US Presidents
Try Audible with a free audiobook. No Shipping, No

Waiting. Try Now!
www.audible.com
How do you tell if mini potbelly is a girl or boy?
In: Animal Life
Recent site activity

New questions
Featured questions
Browse categories
How does acyclovir effect a hosts cell?
Answer:
In: Bacteria
Non fiction describes books that have been written about something true.
Top Contributors This Week
Flagged questions
Random question
It generally refers to all writing that is not fiction, where fiction refers to writing about imagined
Help center
or non-real people and/or events.
My pages
My watchlist
Did we answer your question?
My profile
Prioktan918
Trust Points: 4091
Member Since: 1/12
Yes
KazikM
No
Trust Points: 433

Member Since: 2/11
Partially
Skullcandy88
My message board
Trust Points: 2610

Member Since: 11/11
My contributions
My settings
Improve this answer...
Community forum
Bobo192
Trust Points: 7007
Member Since: 11/09
Bringingthewood
Trust Points: 2535
Member Since: 3/09
Categories
Books and Literature
Literature & Language
First answer by Bookluv . Last edit by Thinkcomp
More on: Literary Terms

What is the conflict of the story the aged
mother?
more
! Discussion
# Answer History
" Flag
Related Articles
The 5 Coolest
Secret Video
Game Characters
Dympna I
What are the basic features and elements of

an essay?
Jenaro m
1. Thesis: your main insight or idea

about a text or topic, and the main
proposition that your essay
demonstrates. It should be true... more
What are the fiction genres?
Darksyde
The usual categories of fiction (called

genres) include the following:Adventure
- stories where there is an element of
danger and... more
Who was John Proctor?
Nathan H
The American Heritage Dictionary

describes a tragedy as a drama or
literary work in which the main
character is brought to ruin or... more
6 Horror Movie
Sets That Were
Actually Haunted
Spoilers: 5
Craziest Movie
Plot Twists
8 Things You
Didn't Know
About Jennifer
Lawrence
What does eternal love mean?
Tony Ton
1 of 2
Love can last for eternity if you save it

in a time capsule. So that even if you
pass away, your love will remain for
eternity.... more
11/2/13, 3:05 PM
What does non ction mean

Case
1:11-cv-12000-RBC Document 61 Filed http://wiki.answers.com/Q/What_does_non_ction_mean

11/06/13 Page 27 of 66
Company
Community
Updates
Answers
Wiki Answers
Local Answers
ResellerRatings
About
Careers
Guidelines
Reputation
Email
Watchlist
Experts
Coupons
Guides
Surveys
Blog
Sitemap
Terms of Use
Privacy Policy
Roles
Help
RSS
Answers Properties
Video Answers
Consumer Choice
IP Issues
Disclaimer
International sites
English
Deutsch
Espaol
Franais
Italiano
Tagalog
Copyright 2013 Answers Corporation
2 of 2
11/2/13, 3:05 PM
EXHIBIT C
What does nonfiction mean?
http://wiki.answers.com/Q/What_does_nonfiction_mean
What does nonction mean

Case
http://wiki.answers.com/Q/What_does_nonction_mean
1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 29 of 66
Ask us anything
AUDIOBOOKS
AUTHORS, POETS, AND PLAYWRIGHTS
GO
AUTOBIOGRAPHY
(sign out)
MORE
Contributors
Contributors
Answers.com > Wiki Answers > Categories > Literature & Language > Books and Literature > What does nonfiction mean?
Hi Thinkcomp
[Sign out]
Question tools
Question home
Question history
Improve answer
Edit categories
Edit alternates [73]
Add related links
Add related questions
Flag
Follow
Discuss
Site tools
WikiAnswers
Recent site activity
What does nonfiction mean?
Supervisors
Robin Allen
In: Books and Literature, Definitions and Word Differences [Edit categories]
Trust: 0
Ads
Voted
Recommend Contributor
QuickBooks Online Free

Familiar Forms Make Accounting Easy So You Can
Save Time. Sign Up Free!
www.QuickBooksOnline.com
Download a Free Audiobook
Can you answer these?
Try Audible with a free audiobook. No Shipping, No

Waiting. Try Now!
www.audible.com
How does acyclovir effect a hosts cell?
In: Bacteria
Bank of America
See How We Support Communities & Businesses
with Lending & Investing
bankofamerica.com/about
How big do chi weenies get?
View Slide Show
In: Dog Health

How far apart should a two piece cue rack be?
In: Windmills
New questions
Answer:
Featured questions
Nonfiction means it is true. The antonym of nonfiction is fiction. Fiction means not real, fake.
Browse categories
Non-fiction are books based on true stories or events. When I was young I could always
Flagged questions
remember the difference by thinking Non-Fiction= Not Fake and Fiction =Fake. :)
How do you reboot a phone?
Did we answer your question?
My pages
Yes
Prioktan918
Trust Points: 4091
Member Since: 1/12
No
KazikM
Partially
My watchlist
In: BlackBerry Devices
Top Contributors This Week
Random question
Help center
My Pages
Trust Points: 433

Member Since: 2/11
My profile
My message board
My contributions
Skullcandy88
Improve this answer...
Trust Points: 2610

Member Since: 11/11
My settings
Community forum
Bobo192
Trust Points: 7007
Member Since: 11/09
! Discussion
Categories
Audiobooks
Authors, Poets, and
Playwrights
Autobiography
Banned and Challenged
Books
Biography
More on: Books and Literature

What is the most read book ever?
Navyn
According to sales, A Tale of Two Cities

by Charles Dickens, is the bestselling
book of all time, selling more than 200
million... more
Who was credited for writing the first

American novel?
Nikka
William Hill Brown is credited with

writing the first American novel, The
Power of Sympathy. It was published in
1791 and follows the... more
What are good books for teenagers?
Janvi
Every teenager has different ideas of a

good book series. Below is a list of
books recommend for teenagers some
which you may like and... more
What are some literary devices in Watership

Down?
Jamie
Some literary devices used in Watership

Down include: flashforward (Fiver's
vision); anthropomorphism (rabbits
who are like people);... more
# Answer History
" Flag
Related Articles
Bringingthewood
Trust Points: 2535
Member Since: 3/09
The 5 Coolest
Secret Video
Game Characters
6 Horror Movie
Sets That Were
Actually Haunted
Spoilers: 5
Craziest Movie
Plot Twists
8 Things You
Didn't Know
About Jennifer
Lawrence
What is Beowulf's tragic flaw?
Ryan
1 of 2
One of Beowulf's major flaws is his

large ego. His hubris, or excessive
pride, is the tragic flaw that causes his
death. It is... more
11/2/13, 3:04 PM
What does nonction mean

Case
http://wiki.answers.com/Q/What_does_nonction_mean
1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 30 of 66
Company
Answers Properties
Answers
Wiki Answers
Experts
Coupons
Community
Updates
About
Careers
Guidelines
Reputation
Email
Watchlist
Terms of Use
Privacy Policy
Roles
Help
RSS
Consumer Choice
IP Issues
Disclaimer
International sites
English
Deutsch
Espaol
Franais
Italiano
Tagalog
Copyright 2013 Answers Corporation
2 of 2
11/2/13, 3:04 PM
EXHIBIT D
FTC Fact Sheet: Promoting Stuff, Defining Advertorial
FTC Fact Sheet: Promoting Stuff
ou want stuff. We all do, even if its

different stuff. But how do you know what
you want? Maybe your friends have it, youve
seen it advertised, or you need it. Promoting
stuff is big business, and smart consumers
know how to use a companys own marketing
to get the most for their money.
When a company is deciding how to sell
something, they look at the Four Ps
of marketing: product, price, place, and
promotion.
Product: Whats the actual product or
service that a company is trying to sell?
A product could be any thinga computer,
video game, cereal, shoes. A service is
a haircut, a cell phone plan (but not the
phone itself), internet serviceyou get
the idea.
Price: How much can the company charge
for the product? Lots of factors go into
how a company sets prices:
how much it costs to make the product;
ow much profit it wants to make

h
on each sale. Profit is the difference
between the cost of making and selling
an item and the price at which it is sold.
Say a cell phone that costs $60 to make
sells for $75; the profit on each one sold
is $15; and
h
ow much a company thinks consumers
will pay for the product. For example, a
company might be able to charge more
for a product that is in demand, or less
for a product it wants to sell quickly.
Place: Where will the product be sold?

At a store in the mall? Online? Through
a catalogue? Some combination?
availableand why you should buy it.

Promotion can happen nearly anywhere
on programs you watch, games you play,
sites you visit, restaurants you eat at, and
even through the mail or email. Sometimes
its clear that what youre looking at is an
ad. Sometimes its not.
Advertising is a paid form of communication.
Its main goal is to sell somethingusually to
a specific group of people. Advertising agencies
work with companies to figure out who that
audience is, and then direct the message to
this market, hoping that those people will
buy the product or service.
Spot The Ad
A morning show DJ mentions
her favorite product on the air.
Does she really love it? Could
she have been paid to talk
about it?
A magazine article suggests
specific products: The 5 best
skateboards of the year! Is it
an ad? Is it an article with the
reporters opinion?
The same magazine
has six pages of
pictures and the names of the
essential beauty products this
year. You can buy all of them
at a certain drugstore whose
logo is on the pages. Is it an
article? An ad? Or is it both at
the same timea hybrid?
Promotion: How will the company let

you know that the product is for sale?
Promotion tells you that the product is

FTC Fact Sheet: Promoting Stuff
But how can you tell whats actually an ad?

Start by figuring out where the information
comes from. Ask yourself:
you watch, including sports and the news. In

2008, a 30-second ad on the Superbowl cost as
much as $2.7 million!
Whos giving you the information?

ight they be paid to talk about the
M
product?
Is it someone you know and trust?
Look at it this way: if your best friend tells
you about a product she liked, thats not an
ad. But if a DJ mentions her favorite product,
she might have been paid to do it. In a
magazine, you can check to see if the article is
in the table of contents, and whether a writer
is listed. If so, chances are its not an ad. Look
for the word Advertisement on the pages
of magazines or newspapers. Those six pages
of beauty products that look like an article
should say, even in fine print, that its an
advertisementif it is. Hybridsprint ads that
look like articlesare called advertorials.
On television, ads that look like television
programs are called infomercials. Online ads
are sometimes pretty easy to spot, but also
might look like a pop-up, a gameor might
even be a whole website.
Advertising actually helps give you free
(or less expensive) access to entertainment
and information. Advertisers buy space in
magazines, and time on TV and radio to
promote their product to people they want
to sell it to. That actually lowers the cost of
the magazine or program for you, because
the advertiser has helped pay some of the
cost of printing and sending that magazine
or producing the program. Its the same idea
online: banners, buttons, and ads are on many
websites, advertising products that might
appeal to the people who visit a particular site.
Those ads help pay the people who create the
site and keep it innovative and up-to-date.
On television, ads help pay for the programs
Things to Talk About and Do

Think of a product you learned about
through an ad. Did you know about it
before? Did the ad make you want to buy
the product? What about it made you want
to buy the product?
Imagine you want to run a business.
You have a new product that youre sure
everyone will want. Using the four Ps,
come up with a short description of your
product, how youll price it, where youll
sell it, and how youll market it. When
you do that, youll have the start of your
marketing plan!
Find an example of an ad that might be
an article (or an article that might be an
ad). How do you know which it is? What
does it ask you to do? Who produced the
ad or article?
Want to Find Out More?

Federal Trade Commission
www.ftc.gov
ChopperDan
action toys
*Batteries not included. Chopper Dan Sold Seperately.
EXHIBIT E
Ben Mezrichs Straight Flush Literary Fraud Article Series by Hailey Hintze
Ben Mezrich's "Straight Flush" Literary Fraud, Part 1: The

Elements of Deception
flushdraw.net /news/ben-mezrichs-straight-f lush-literary-f raud-part-1-the-elements-of -deception/
Tuesdays release of Ben Mez richs Straight Flush, the supposed true
story of the University of Montana frat boys who founded Absolute
Poker, represents a new nadir in the history of poker story books
that is, the recounting of real- life tales connected primarily to the poker
world.
Poker has been blessed with a small handful of captivating inside- story
tales, but this isnt one of them: Straight Flush is an abomination of a
book in virtually every way possible, a grandiose dissemination of lies
and omissions thats almost as criminal as the real actions of the out- ofcontrol kids Mez rich attempts to deify.
Straight Flush is a $27.99 (hardcover)- priced bit of lightweight literary
fraud undeserving of anyones purchase, and thats the takeaway
readers should remember. It takes the worst aspects of Mez richs writing
style, wrapped around a falsified recasting of the companys history in an
attempt to generate reader empathy and envy.
The result is often tedious, a mixed rehashing of lame fratboy
escapades and gratuitous fantasies, not to mention stilted and often
false dialogue suited more to a late- night infomercial than to a tell- all book. Fully half the books 300- plus pages are
devoted to mindless We were brothers tales of drinking- do. Doing this attempts to shift focus from the books larger
problems, including bald lies and logic holes so gigantic a private Sabreliner jet could fly through them.
Straight Flush offers as few facts as possible and disposes of those at the earliest convenience, all in the presumed
hopes of offering a sexed- up version of an online poker crash- and- burn tale for Hollywood movie- rights sale.
Its a horrible, shameless piece of authorial huckstering.
This is, unfortunately, vintage Mez rich, who first achieved literary fame with the writing of Bringing Down the House, which
was then transformed into the movie 21. Mez rich has long been accused of being fast and loose with the facts, and with
regards to Straight Flush, there might be no Mez rich book looser, nor faster.
While it may be the equivalent of beating a newly deceased horse, the fraudulent nature of Straight Flush demands a
literary dissection, so that readers can understand fully why this book is so very, very bad.
Ill therefore undertake that dissection, and in a handful of short posts to follow, Ill detail Mez richs authorial sins, which
include numerous lies by omission and the intentional falsification of an important, scandal- related timeline, all done in a
thin attempt to make this tales premise more empathetic and marketable. Following that, therell be a summation piece
which includes comments from and links to other reviews, the vast majority of which have similarly panned Mez richs
latest money grab.
Herea a brief list of links to what will follow, including many of the largest literary sins within Straight Flush. Links will be
activated as each new post is added, so check those bookmarks:
Part 2: The Imperative Blackjack Omission
Part 3: The Biggest Lie about the Plane- Crash Story
Part 4: Return of the Unnamed Low- Level Employee
Part 5: The Scandal Timeline Falsification

Part 6: Ignoring Scott Toms Funds- Transfer Incrimination
Part 7: The Payment- Processing and Banking Falsifications
Part 8: The Ridiculous Lifestyle Justifications
Part 9: Rehashing a Faked Corporate Sale
Part 10: Assorted Hilarities, Links and Reviews
Seriously, ten parts? Yes, Straight Flush is that bad, that festering of a literary sore. So buckle up, bookmark the page,
and check back often.
BIO
Latest Posts
Lock Poker Spokesman Alleges Revolution Network...
In response to media inquiries and FlushDraws extensive report on the fallout between Lock Poker and the Revolution
Gaming Network, Lock Poker spokesman Shane Bridges has sent a response to FlushDraw indicating that the
beleaguered online [...]
Lock Poker Alleges Misrepresentation by Pure...
The messy divorce between Lock Poker and the rest of the Revolution Network added another sordid chapter
yesterday, with Lock Poker alleging that Revolution and a new site created to capture Lock Poker players temporarily
left adrift, Pure Poker, [...]
PartyGaming Co- founders Ruth Parasol, Russell...
Interesting business news from the New Jersey online poker scene today, where PartyGaming co- founders and
current significant bwin.party shareholders Ruth Parasol DeLeon and James Russell DeLeon have both agreed to
divest their bwin.party holdings, [...]
Lock Poker Exits Revolution, Launches Solo- Site...
Troubled online poker site Lock Poker is back in the news today, announcing that it will be leaving the beleagured
Revolution Network and continuing on as a solo entity, effective immediately. Lock officials sent out a brief press
release today to [...]
Ultimate Pokers Choppy Waters: Dorfman,...
Nevada- based online poker site Ultimate Poker, which made history by becoming that states first officially regulated
site back in May, has encountered rougher times of late. At least three of the more prominent members of the sites
[...]

Imperative Blackjack Omission
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-the-imperative-blackjack-omission/
Of all the underlying themes in Ben Mez richs new narrative nonfiction
book, Straight Flush, none are more important than its insistence that the
University of Montana SAE frat boys who founded Absolute Poker were
idealistic, pure- hearted dreamers whose love of poker and poker
only was the companys sole purpose and guiding light.
Its an important fallacy to propagate. The book as a whole doesnt work
unless Mez rich can portray Scott Tom and the rest of the boys as
innocent victims of circumstance and the US government.
Time after time, Straight Flush bombards the reader with examples of
just how pure its founders were, from its philosophical focus on pokers
aspects of a game of skill, to the boys choosing not to do business with
certain Costa Rican sports bookies after encountering blatant evidence
that those bookies were mobbed up, to Toms parting admonition that
he truly believed, in his heart, that he was innocent.
And in all of Straight Flushs 304 pages, the word blackjack never
appears in the form of a game, though blackjack table or blackjack
chips (as a background object) appears five times as a story prop.
(Hat tip to Poker Grump for the clarification). Blackjack alone, as a game or concept? Nada. Thats a couple of
times less than the number of appearances for amaz onian, if memory serves, which provides more evidence of where
this book is aimed.
Did you know that Absolute Poker offered blackjack to its customers, well before the passage of the 2006 Unlawful
Internet Gambling Enforcement Act (UIGEA)? You wont find that out from Mez rich in this book, and that omission is an
unfair exploitation of the readers expectations that a true story actually be true. Ben Mez rich is guilty of countless lies
by omission in this book, and this is one of the largest.
Heres how it all went down. In October of 2005, PartyPoker introduced blackjack at its poker tables. Players could
switch from poker to blackjack with a single mouseclick from any poker table, via a styliz ed 21 icon in the tables
upper corner. The introduction of blackjack was an instant success, quickly adding to a revenue gain published by
PartyGaming in quarterly revenue reports that December.
Behind- the- scenes tales, shared by Party execs at the many trade conferences that poker- room execs attended,
asserted that the company quickly began generating as much as $800,000 a day in profits from its new blackjack
offerings, and the AP fratboys wanted a piece of that action.
Thus started a heated debate on the Absolute Poker board of directors, this not too long after the graying up of the
board mentioned in Straight Flush that involved the stepping aside of co- founder Garin Gustafson.
The battle, as relayed to me by two separate AP board members one of whom was Phil Tom himself quickly
became a battle of young versus old. The fratboys, in particular Scott Tom and Hilt Tatum IV, had dollar signs in their
eyes and wanted that blackjack added as soon as possible, to the point of having CJ and Christian and the South
Korean programmers working on the new gaming addition.
The older board members, who included Phil Tom and APs most prominent player rep, Mark Seif (who is himself a
lawyer), argued that introducing blackjack brought them directly into the crosshairs of many United States anti- gambling
laws.
This had nothing to do with the poker is a game of skill legal fallacy that wasnt even discussed back in 2005, nor did it
have anything to do with the 1961 Wire Act; instead, it had to do with the three- pronged test of gambling activity that

has been an accepted court standard in most US jurisdictions for decades.
One of the three prongs necessary to meet most courts definition of gambling was the placing of a wager (the offering of
consideration) with the house, with wins or losses then determined by the outcome of some later event the turn of a
card, roll of a die, spin of a wheel or outcome of a game.
The legal defense of online poker, as it was championed at the time, was that poker sites were not engaging in
gambling because they were offering a service. The rake was the fee for that service, and whether poker was gambling
or not, that didnt matter, as it was a wager occurring between the players themselves.
This poker as a skill game stuff? Its revisionist history. Back then, it wasnt even on the table.
Blackjack changed the equation, because regardless of whether any skill was involved, players were clearly wagering
against the house. Thats the barrier that PartyPoker willfully breached, which it then compounded by rolling out is full
suite of casino games, PartyCasino, in early 2006. For a brief time, those were open to US players as well.
Absolute Poker and the SAE fratboys wanted to emulate PartyPoker, because Party was the market leader. In the
boardroom struggle, they eventually got their way, and in early 2006 AP added live blackjack to its offerings and as
with Partys, it was playable right from the poker client.
Blackjack? Readers dont find that concept anywhere in Straight Flush. Instead, they get the tale of how these idealistic
boys just needed to get their third year of audited financial results on the books, in order to launch that planned IPO and
get closer to those billionaire dreams.
Absolute Pokers rollout of blackjack in late 2005 and early 2006 was exactly during the time the company made its IPO
plans, and was, in fact, a vital part of it a chance to quickly add more paper valuation to the companys bulging
bottom line.
However, given that it was the frat boys themselves that wanted the blackjack added, against the advice of older board
members and legal opinions alike, makes a giant lie of the whole pure- hearted poker theme that drives Mez richs tale.
And so, poof! blackjack had to be left out. It fit neither the historical rewriting that the SAE fratboys seek, nor the
tale that Mez rich wanted to sell.
Tales like this work best with a kicker. Readers might remember that Mez rich garnered literary note for his first book,
Bringing Down the House, which was the augmented and romanticiz ed retelling of the 80s- era MIT blackjack teams.
(Mez richs fictionaliz ing of the events in BDTH was so extreme it remains the primary focus of the Wiki page on the
book.)
The point is, Mez rich knows all about blackjack, including its historical role and its defined role as gambling.
Recogniz ing this, its then easy to see why no whiff of blackjack could be allowed anywhere near the fantasy Mez rich
constructs in Straight Flush.
The omission of blackjack is a lie of omission so large, so grandiose, that it makes the book itself fraudulent. Still, if
youre going to lie, make it big. Ben Mez rich has the literary lie down pat.
BIO
Latest Posts

Biggest Lie About the Plane-Crash Story
flushdraw.net /news/ben-mezrichs-straight-f lush-literary-f raud-part-3-the-biggest-lie-about-the-planecrash-story/
Understanding the depths of authorial fraud committed by Ben Mez rich in
his latest book, Straight Flush, requires nothing more complex than a
simple comparison of the story as Mez rich tells it against the facts as
they actually occurred.
One of the key elements to the Absolute Poker story is a plane crash
that occurred at Costa Ricas Juan Santamaria Airport on September 3,
2007. Onboard the small Sabreliner jet, which SAE fratboy Hilt Tatum IV
had rented and brought over from Panama, were Hilt and his new wife,
Scott Tom and his pregnant girlfriend, and the jets pilot and co- pilot.
None were seriously injured, and the Tatums and Toms hopped a
different plane the following day and continued on with their planned trip
to Antigua and other Caribbean islands.
The plane crash will figure in again in this exposes Part 5, The Scandal
Timeline Falsification, adding even more proof to how intentional and
fraudulent Mez richs latest work really is. In the days after it occurred,
anecdotes quickly surfaced on numerous poker and sportsbook forums
that Tatums and Toms luggage, abandoned as they fled the fire threat
at the plane crash scene, included a duffel bag containing $2- 3 million and an unknown quantity of drugs.
Its recast just a bit differently on p. 269 of Straight Flush. Heres Mez richs take, as recounted by the fratboys:
By the time they were released from the hospital more a precautionary stay than due to the severity of their
cuts and bruises word of the accident had already made it onto a variety of online local and international
news site and was rapidly spreading through the blogs. Scotts phone was gone, lost somewhere in the
wreckage, which was now entirely presided over by agents from the FAA, since it had been an American-built
airplane. They had to use Hilts phone to check in with everyone to tell them that they were okay. By the
second person they called, they realized that the story, spreading electronically at first, but eventually into
newspapers as well, was turning into something out of a Hollywood thriller.
This is ridiculous, Hilt said as he hung up the phone. Now theyre reporting that there was three million
dollars and a bunch of coke in a suitcase on the back of the plane, and that youre on the run to Colombia.
Ive never gone near cocaine and where the hell did they get the three million dollars?
Scott shook his head, bewildered. He was watching an urban legend generating right in front of him, and there
was nothing he could do about it. What the hell it was just too perfect to fight. A high-flying American
cowboy from Montana, fleeing Costa Rica to Colombia with millions of dollars and mountains of coke.
Mez richs implication in this excerpt is crystal clear: these allegations were false. The real truth about the Sabreliner
crash took until 2011 to appear, when Costa Rican authorities finally confirmed that the stories were true, and that
investigators really did find a duffel bag containing $3 million in the Sabreliners wrecked fuselage. [Note: The
"Colombia" referenced is in connection to the original flight's scheduled refueling stop, halfway to Antigua, in Cartagena,
Colombia.]
Ive archived several news reports about this. Heres one example, from the Tico Times, one of Costa Ricas largest
newspapers:

In 2007, a small private plane had a minor accident during takeoff at Costa Ricas Juan Santamara
International Airport. While investigating the accident, airport officials stumbled upon something unusual.
Inside the plane authorities found a bag containing $3 million in cash. The plane was headed for Colombia,
and one of its passengers was Scott Tom, owner of the online gambling website Absolute Poker. One of the
worlds more popular online gambling sites, Absolute Poker was based at a non-descript office building in
Rohrmoser, west of San Jos, under the name Innovative Data Solutions (IDS).
The multi-million dollar discovery prompted the Public Prosecutors Office to begin monitoring Tom, who
investigators suspected of laundering money earned from U.S. poker players and dispersing it into bank
accounts throughout the world.
When we learned of the money on the plane and that Scott Tom had been on the flight, we began to
investigate the financial and economic activities that he had in Costa Rica, Guillermo Hernndez,
adjunct prosecutor at the Prosecutors Offices Financial Crimes Division, told The Tico Times this
week. We were able to determine that there was an important flow of money from the United States to
Costa Rica and that it was being invested in different forms in Costa Rica. [bold emphasis mine]
But Hernndez said the Prosecutors Office couldnt verify the moneys source.
Four years later, and with a little help from the U.S. Federal Bureau of Investigation (FBI), the Prosecutors
Office began to build a case that allegedly linked the funds to illegal online gambling operations. Investigators
believed they had enough evidence that money laundering and bank fraud were occurring.
The $3 million from the Sabreliner crash in 2007 was the key event that allowed Costa Ricas OIJ agents to raid Scott
Toms home and the AP offices in conjunction with the USs 2011 Black Friday indictments. Mez rich didnt mention that
all at, and glosses over the raid on Tom (who had already gone on the lam) in a couple of brief sentences.
In other words, the fratboys told lies to Mez rich, and Mez rich lied to his readers. So now you know. Its not even close
to debatable.
BIO
Latest Posts
Ben Mezrich's "Straight Flush" Literary Fraud, Part 4: Return of

the Unnamed Low-Level Employee
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-4-return-unnamed-low-level-employee/
Ben Mezrich, (@benmezrich on Twitter), today
So who was responsible for the insider cheating at Absolute Poker, in
which millions of dollars were taken from players? Ben Mez richs new
and gigantic literary fraud, Straight Flush, provides no answers, except to
claim that it wasnt Scott Tom, APs co- founder, who was inextricably
linked to the cheating years ago.
Since the book is a retelling of the story based on the recollections of
Tom and his SAE fratboy partners- in- crime, thats hardly surprising. Of
course, the little bit of evidence that Mez rich supplies, he gets wrong, if
not outright falsifies. The rest he ignores, and the end result is that Scott
Tom is free to return to the original lie as told in an early AP press
release way back in 2007: it was all the work of an unnamed, low- level
employee, who was out to frame Scott Tom.
If youre keeping score at home, that tale was dismissed out of hand
back in October of 2007 as not being plausible, and AP then shifted the
blame though still not in an official sense to Allan J. Grimard (a/k/a
AJ Green), who was APs operations director and a close drinking
buddy of the fratboy crew. (Yes, I have pictures of Grimard/Green
partying it up on multiple occasions with the boys.)
If there was a selected fall guy for the AP cheating, it was probably Grimard, not Brent Beckley, who Mez rich has
recently assigned to that role. Why Grimard? Because he was the management person who could shoulder the blame,
if need be, without endangering the ownership/management positions of the Tom/Tatum group at the core of AP. Since
the company was very much in the midst of a battle with UltimateBet, where a similar cheating scandal was also
unfolding, it was vital that the AP owners not be officially blamed.
Therefore, Grimard was the designated fall guy, even though his name was not allowed to be inserted into any official
reports or findings. Nor did Grimard ever leave the AP family; he was simply shunted over to a connected entity of Hilt
Tatums, given a nice bonus, and he remained associated with Absolute all the way until the forced post- Black Friday
dissolution in 2011.
The low- level unnamed employee story returns in Mez richs Straight Flush in its original form. It hasnt aged well.
Even a cursory logic check ought to show readers that this explanation doesnt pass the smell test and never did.
Six years on, now, after the last of the original cheating, there would be no legal reason to not name the thief or thieves,
were they anyone other than Tom and Company themselves. Instead, Mez rich writes this, possibly even with a straight
face:
Because upon analyzing the IP addresses and user details that had been provided by the anonymous
Absolute Poker employee along with the hand history, it appeared that there was an observer account
number 363, to be exact associated with Potrippers winning play and that both 363 and Potrippers IPs
could be traced back to Costa Rica. Once the blogger sleuths got hold of that information, it was just a few
more steps, a little more research and theyd uncovered the e-mail associated with account 363.
That e-mail was scott@rivieraltd.com. And according to the bloggers, that e-mail linked directly to the founder
of Absolute Poker.
Scott Tom.

[chapter break for emphasis]
Eight hundred thousand dollars. He really screwed us. He really screwed me.
Pete [Barovich] felt like he was in the presence of a volcano that was seconds from erupting. A moment of
tense silence swept through the room as everyone at the dining table watched Scott struggling to regain
control of his features. Pete had seen Scott mad before even in college the guy could be volatile but
this was different. This was terrifying.
And on from there, cut from whole cloth and marinated in slime. Except it wasnt quite like that. Yes, both the the 363
and the scott@rivieraltd.com factums were key elements of discovering Scott Toms involvement, with this blogger
among the many people involved in their discovery.
Back in April of 2010, I published additional information regarding the involvement of Scott Tom, including evidence
showing it could not be a low- level employee, as was claimed back then and as Mez rich reasserts now. This is a link
to the first post in a series of several AP- related posts that explores some of the proof regarding the involvement of
Scott Tom and friends. In that first post, I also shared the general story of the AP cheating as it was understood back
then, though I learned much more in the months and years that followed.
Heres a sample Mez rich lie from the above passage:
and theyd uncovered the e- mail associated with account 363. That e- mail was scott@rivieraltd.com
No. This is false, an attempt to obscure. Account 363 was connected to a different e- mail address that no outsider
who saw the infamous POTRIPPER hand history realiz ed was connected to the AP group. Heres a visual extract that I
took a screen grab of and included in a much later post. It came together when some of the jilted Absolute Poker
investors, who the Toms and Tatums and their friends stole hundreds of millions from, clued me in as to its relevance:
The account Scott Tom used for the cheating, as POTRIPPER, was account #2234890, one of several that Scott and
his father, Phil Tom, controlled.
The observer account, #363? No one outside AP knew who that was, until an investor told me and the man himself
behind it was forced to confirm the connection when faced with the evidence I possessed. bcoff@msn.com was Brian
Coffey, a close friend and one- time roommate of Phil Toms, Scotts father and APs longtime chairman of the board.
Coffey, a home contractor, performed extensive home remodelings on both Phil Toms expensive off- Strip home in Las
Vegas and on Scott Toms huge home in Costa Rica. He even lived with Phil at that Las Vegas home for a while.
Coffey was also paid through the Absolute Poker site for his work (to launder the money a bit), owned 30,000 shares of
AP stock, and bragged to other investors that he was allowed to use the cheating tool at the poker tables as well.
Coffey acknowledged owning the account though he denied using it for cheating in an e- mail I published in this
post.
If this alone doesnt tell you that the story Mez rich spews is unadulterated horse manure, ask yourself this: How would
any so- called low- level employee know the connection between the 363 / bcoff@msn.com and 2234890 / Scott

Tom accounts, and thus be able to employ them together in a cheating scheme?
Ah, but thats just scratching the surface. Heres a second surface scratch:
Pete Barovich, in Straight Flush, acknowledges initially helping to cover up the cheating, though Mez rich doesnt ask
exactly what he did. The rivieraltd.com domain, contrary to Mez richs claims, was a private e- mail server for AP execs
that was very active at the time the cheating was discovered; the domain wasnt even registered until February of 2007,
just months before the cheating was discovered. This marks yet another Mez rich lie.
Barovich himself is likely the person who made doz ens and doz ens of frantic changes in the hours and days following
the discovery of that domain. There were over 80 separate changes made to the domain information on and after
October 16, 2007, when the cheating links involving Scott Tom were first discovered.
That little story can be found here, but Barovich couldnt cover all the tracks. Someones name had to be on the
domain, and he put down that of Paula Hunt, the U. of Montana alum, AP employee, and longtime girlfriend of Tom
Wenz , a seventh SAE alum who is mentioned briefly in Straight Flushs later pages. (There was an eighth as well.)
And now, on to the really good stuff.
Mez rich barely mentions that several accounts were involved in the cheating, but names only POTRIPPER. Among the
others were POTCHOPPER, GRAYCAT, STEAMROLLER, PAYUP, DOUBLEDRAG and ROMNALDO more than the
three mentioned by Mez rich, but facts arent his strong suit.
The imaginary low- level employee Scott Tom blames would have to have preexisting knowledge that all of these
accounts were controlled by Scott Tom, even though some of these accounts had others names attached, such as
Jaeson, who appears to have been a bartender at that infamous Seattle dive where the boys played poker while
developing the startup from Phil Toms basement.
But its how the cheating was done or rather, the covering up of it thats the largest Scott Tom / AP / Ben Mez rich lie
of all.
As part of my research, I was able to obtain the ieSnare security screen grabs for many of the accounts, which showed
account ownership info, logon dates, transfers and associations between other accounts, and much more.
Ive published a lot of that already, but not all. How Scott Tom did the cheating was to set up a dual- partition
arrangement on his personal laptop, with the AP security software not robust enough to detect that the second client, on
the alternate hard- drive partition, was the secret observer.
Heres one such example from the POTCHOPPER account, which was engaged in active funds transfers with
POTRIPPER and was connected to the other cheating accounts the same way:
The reason the entries show up in pairs is because the ieSnare data noted the logons from each of the two clients on
Scott Toms laptop, which were on separate partitions and had to be logged into AP separately.
The important data, though, is the location. In Part 3 of this series, I blew apart Mez richs massive fiction regarding the
September 3, 2007 jet accident at Costa Ricas Juan Santamaria airport, which Mez rich is already trying to defend on
Twitter. (Nice try, Ben, but the FBI doesnt give out info like that, and since Ive talked to the feds on multiple occasions
regarding AP and Scott Tom, I know better.)
One day after the accident, Scott Tom and Hilt Tatum IV and their significant others went ahead and resumed their
Caribbean island- hopping vacation. All those logons from Saint Lucia and Antigua & Barbuda, sandwiched by Costa
Rica entries? Thats Scott Tom himself, on his resumed Caribbean trip.
Think about what that means: Unless that low- level employee was hitching a ride in Scott Toms jeans pocket, the tale
Mez rich spews is quite literally a physical impossibility.
A little less than two weeks after the jet crash, the ridiculous POTRIPPER tournament cheating ensued, a desperate and
blatant grab for money to replace some of what was lost in the plane accident. The moneys needed purpose, no one
on the outside may ever truly know.
I published this information three years ago because of its vital importance. Its been publicly available all along, and
Ben Mez rich knows this.
Heres a final clincher: the ieSnare images I have came from the UltimateBet side of the Cereus Network hookup, and
the data could not have been changed there after it was initially created, especially by anyone from the AP side. My
documentation could not have been been forged, and the POTRIPPER details in particular match exactly to what was
sent out to Craz yMarco from the AP side.
Dear Mr. Mez rich: You are a slimy liar and a literary disgrace. Id hoped for better, but Straight Flush may well be the
most shameful narrative nonfiction book of this era. Thats quite an accomplishment.
BIO
Latest Posts

Scandal Timeline Falsification
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-5-candal-timeline-f alsif ication/
There may be no more greater literary sin than intentionally falsifying the
sequence in which events occur in order to pass off lies as truth in the
eyes and minds of the readers. Its an abomination of a practice, and in
Straight Flush, the new true story as penned by Ben Mez rich of the rise
and fall of onlinepoker site Absolute Poker, its been carried to the
extreme.
Whats even more sad is that this isnt the first time Mez rich has resorted
to this basest level of literary chicanery; such problems in understanding
and communicating the basic flow of time have bedeviled Mez richs
fanciful works ever since his first, famed effort, Bringing Down the House.
Lets get right to the facts regarding the construction of Straight Flush, so
that the readers here are left with no doubt as to who isnt telling the truth.
Straight Flushs internal chronology as laid out by Mez rich starts with the
surrender of Brent Beckley to United States authorities, which occurred in
December of 2011.
The remainder of the book is a single, continuous flashback, starting with
the gathering of the University of Montana SAE fratboys in September,
1997, and moving through 15 years of Absolute Poker psuedo- history, culminating with a where they are now epilogue
describing the current status of the six primary fratboys at the time of the books publication.
Except for the part, that is, where all the cheating takes part at Absolute Poker and millions of dollars were taken from
the sites players. Mez rich cant tell that story as it happened, because doing so renders bare the excuses and alibis of
primary cheat and Straight Flush protagonist Scott Tom as the flimsy constructs they really are.
Here are some highlights, straight from the pages of Straight Flush. You be the judge:
(A) pp. 247- 250: A lengthy retelling of the first rumors of insider cheating at Absolute Poker, as recounted by Pete
Barovich, one of the six primary SAE fratboys. In this passage, Barovich asserts that he took primary responsibility for
attempting to cover up the initial allegations, in part issuing a bogus press release claiming that those allegations had
been investigated (they werent), but were unfounded.
(B) p. 251: First mention of the infamous POTRIPPER tournament on AP, involving the perhaps- accidental e- mailing
of an internal hand- history spreadsheet to that tournaments runner- up, Marco Craz yMarco Johnson.
(C) p. 252: An acknowledgement that the spreadsheet sent to Johnson did contain evidence of cheating, including
the presence of incriminating data involving two accounts linked directly to Scott Tom.
(D) p. 253- 257: In the following chapter, Mez rich serves up a lengthy, five- page, reconstructed discussion between
Scott Tom, Barovich and others regarding the implications of the discovered cheating, along with the proffered claims
that it was done by a forever- unnamed Costa Rican employee of AP using a software door erroneously left open by the
sites South Korean programmers. The noble Barovich even talks about how the scandal is gonna be on goddamn 60
Minutes, a whole- cloth reconstruction; it wasnt even on that shows radar at the time, and when 60M did an onlinepoker story, it focused mostly on the other cheating scandal over at UltimateBet, which didnt even become public
knowledge for another four months.
We wont even dig deeply into the hilarious supposition that old test accounts were lying around with large amounts of
real money within them, as the fratboys and Mez rich try to pass off on p. 254. Thats ridiculous, an obscene lie by itself.
Like the old saying goes, it takes money to make money, even illegally, and there were thousands of real dollars in the
chipstacks of the players at the tables where the cash- game cheating occurred.

This passage also includes a non- naming reference to the supposed cheater as being operations manager Allan
Grimard, who was referenced in this series last post. (Except, as pointed out last time, Grimard never went on that
vacation trip with Scott Tom and Hilt Tatum.)
Anyhow, the crux of this lengthy bullshit passage is that Saint Scott decides hes going to resign from running the
company because of his names attachment to the cheating, for the good of all involved. (This also never happened.)
Mez richs prose could bring one to tears, for the unfairness of it all:
But more important to Scott was the company he had built, with his sweat and his blood and his passion
and he didnt want to watch it disintegrate.
(E) P. 257: The tale of the crashed Sabreliner jet at Costa Ricas Juan Santamaria Airport begins. The private, rented jet
skidded off the runway and into the grass, causing some bumps and bruises but no significant injuries. The four
passengers Scott Tom and his live- in, pregnant girlfriend, and Hilt Tatum and wife were off to the Caribbean
Islands for a week- plus vacation.
On p. 258, Scott reflects on the supposed bittersweet moment, just before the jet accident:
Hed never dreamed of his company growing so big hed also never imagined that one day he would have
to step aside, especially under such dark circumstances. Not just the cheating scandal caused by one of his
employees, but what the UIGEA had wrought.
.....
Okay, now its time to play Guess the Real Dates. If you think these events happened in order, youd be sorely
mistaken. From the top:
(A) Sept ember 17t h and 18t h, 2007. Barovich actually issued not one bogus and unofficial press release, but two,
via his second- in- command, Danielle Burrows. Barovich and Burrows headed up Chipleader, the internal division of
Absolute Poker that ran the sites far- flung affiliate network through which new online players were recruited to sign up to
the site.
The first release, the baldest and most blatant denial, was quickly pulled from the affiliate sites where it first appeared,
only to be restored later when the cheating became irrefutable. The second statement took its place, and heres a link
to a small poker- site story that correctly reported it at the time.
By the way, heres a photo of Burrows partying it up with Allan Grimard at an affiliate party. Grimard, the unnamed
operations in manager in Straight Flush who supposedly did the cheating, fled the operation about as far as Scott Tom
did:
(B) Sept ember 12t h, 2007, and Oct ober 14- 16, 2007. Two separate dates apply, and heres why: The actual
Absolute Poker tournament in which POTRIPPER (Scott Tom) cheated Marco Johnson and other AP players took
place on September 12th, but it was several more weeks until the obvious cheating that occurred was proven out.
Johnson complained immediately, and was sent a massive hand- history spreadsheet in response, even as the SAE
fratboys scrambled to cover up the blatant cheating that occurred. What the founders didnt know was that the
spreadsheet was different than most hand histories sent out to players; what Johnson was sent was an Excel
spreadsheet file with so many lines of data it overflowed the siz e restrictions of Excel as it existed in 2007.
Johnson was so befuddled by what he received that he set it aside until early October, only to send it out to people
including Steve ODwyer the same @steveodwyer currently lambasting Mez rich on Twitter Nat Arem, and others.
Arem in turn sent that on to a small number of industry writers who were monitoring the story, including yours truly and
Gary Wise.
(At the time, I was the assistant editor- of- chief of PokerNews.com, the worlds largest internet portal for poker news, and
Wise was a contributing poker columnist for ESPN, who later helped 60 Minutes with its initial onlinepoker report. Both
of us could claim to be rather more than the random 2+2 bloggers Mez rich has denigrated in recent Twitter posts.)
The key breakthroughs regarding the spreadsheet Johnson received came in the overnight hours of Oct ober 16, 2007,
and I was a part of that chat- based effort, which was being led by Arem and stretched over several days. This isnt
hearsay of any sort; I had a small role in it and first recogniz ed that the infamous rivieraltd.com domain might have
significance.
(C) Oct ober 16t h, 2007, and no ot her dat e. As recounted last time out, an unidentified Absolute Poker executive

changed domain- registration information connected to rivieraltd.com within minutes of Nat Arem posting its discovery on
2+2 and PocketFives, two large poker-discussion forums. At this time, the coverup by AP was ongoing and immediate.
(D) Unknown, but af t er t he above. Mez richs five- page dissertation on Scott Toms nobility offers no new facts that
can be tied to a specific date. It does reference A, B and C, however, and amounts to an imaginary resolution to the
cheating problem, which romantically involves Scott Tom departing his dear creation, and flying off into the sunrise
(since it was to the east), to a hoped- for happy ending. So it cant be before any of the other three.
And now, that jet skidding off the runway:
(E) Sept ember 3, 2007. Yes, Scott Tom was so pure in his motives for exiting AP that he managed to travel at least
seven weeks into the past to depart. The Sabreline skidding off the Juan Santamaria runway happened before the
cheating in the POTRIPPER tournament, before the discovery of the connections to Scott Tom, before Absolute Poker
was finally forced to admit that the cheating occurred. It was a cause, not a result.
Heres a link to a very official report that confirms when it happened, though doz ens of similar reports on the accident
litter the internet to this day.
As with all the other evidence presented to date, these facts are simply not debatable. Nor is this: Ben Mez rich is a
gross literary liar. His glossing over of the AP cheating scandal was bad enough, but in falsifying the timeline to do so,
the entire second half of Straight Flush has been rendered null and void.
Whether or not Mez rich was paid extra to lie on behalf of the Absolute Poker fratboys, accepting a healthy commission
to take on the project over and above his standard book deal, is something that remains unknown for now despite
what Occams Raz or might suggest.
We shouldnt have to wait too many years to find out. Behind the poker- world scenes, Scott Tom is known to have
diarrhea of the mouth when he drinks he cant shut up, nor has he ever stopped drinking. Whatever the exact nature
of the Mez rich/SAE fratboy deal, thatll eventually come out as well.
BIO
Latest Posts
[...]
Ben Mezrich's "Straight Flush" Literary Fraud, Part 6: Ignoring

Scott Tom's Funds-Transfer Incrimination
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-6-scott-tom-f unds-transf e/
Heres more visual evidence for those souls who still might not be
convinced that Ben Mez richs new book, Straight Flush, is a gigantic
literary fraud. As Ive already explained, the book is a celebration of the
criminal antics of the University of the Montana frat boys who oversaw the
rise and fall of onlinepoker site Absolute Poker.
Swaths of Straight Flushs later pages are devoted by Mez rich to the
propagation of the frat boys lies; namely, that they had no responsibility
for the cheating scandal that wracked the site in 2007. Mez rich places
AP founder Scott Tom on a pedestal, and claims without any regard to
the evidence that Tom was innocent of the cheating evidence that
dogged him.
Previous posts in this series have shown how willingly Mez rich twists the
timelines and falsifies the facts, rendering his style as less mostly true
and more not true at all. A true story teller that can be shown to be a
purveyor of lies ought to kick off a mainstream literary scandal, but only
time will tell on that point. For today, theres more of the hard visual
evidence that firmly places Scott Tom as the ringleader of the insider
cheating, through which millions of dollars were stolen from players.
Heres the background: The infamous POTRIPPER tournament, lightly touched on in Straight Flush, was only one brief
albeit very blatant instance of the cheating going on at Absolute Poker. The final report on the cheating issued by the
Kahnawake Gaming Commission (KGC) also identified several accounts that were used in cash- game cheating on the
site, though it missed a couple that were used to shuffle money between cheating accounts, including POTCHOPPER,
mentioned in a previous post.
That KGC report was largely a whitewash, naming no one due to the close involvement of former Kahnawake head Joe
Norton with Absolute Poker, but they had to put in some facts, so they listed some of the other cheating accounts in
addition to POTCHOPPER, including GRAYCAT, DOUBLEDRAG, STEAMROLLER and others, as noted in this series
previous entry.
However, both Absolute Poker themselves and the KGC asserted that none of the money stolen from players ever left
the site. This was a giant lie; money indeed left the site, into the ePassporte account of Scott Tom.
The visual proof follows. These two images are transaction details for the GRAYCAT cheating account, which was both
involved in the AP cheating directly and which also received transfers from other cheating accounts, in a manner similar
to that employed by Russ Hamilton and others over at UltimateBet.
The GRAYCAT account was originally Phil Toms (Scott Toms father, and the Chairman of the Board of Absolute Poker),
though the egoistic Phil preferred to play on his CHAIRMAN account. The GRAYCAT account itself was named for one
of Phil Toms two pet kittens, which were imaginatively named Graycat and Blackcat, respctively.
Here is the transaction approval detail from Absolute Pokers own internal security system for the GRAYCAT account,
showing a key cashout from Absolute Poker to Scott Toms ePassporte account. (ePassporte was one of several ewallets serving the gaming industry, and Toms full name is Scott Philip Tom.) The top three entries are the ones
relevant to the cheating and the frantic coverup at AP in the wake of the POTRIPPER tourney;
This detail, however, didnt show the amount. To find out that it was a $150,000 cashout, and that the supposed cheater
as blamed by Scott Tom himself Allan Grimard, a/k/a AJ Green wasnt really the primary cheat, we also need
the related GRAYCAT transfer- history detail:
This clearly shows the two transactions being processed 9/16 and 9/17. The first and larger one, for $150,000, was
forced through by Scott Tom himself, with the money moving into his own ePassporte account. Then a second smaller
withdrawal was blocked by AJ, and the account was blacklisted, but only after most of the money had been removed.
That money was still only a small portion of the $3 million lost in the jet accident, but was needed desperately by Scott
Tom for some other purpose.
It all proves as a fraud Ben Mez richs published, grandiose lie of the operations manager (Grimard/Green) somehow
screwing Scott Tom and the other AP founders. Bullshit. Scott Tom himself was the ringleader of the Absolute Poker
cheating, and much of the sites upper management was involved.
The AP bosses even munged the player- account information on GRAYCAT and the other cheating accounts, in a weak
attempt to hide the nature of the cheating from the companys own low- level employees. Heres the overview for
GRAYCAT:
The Michael Edwards address is bogus and does not exist. The Home Tel. entry is actually Absolute Pokers own
1- 800 support number, to help identify this as an inside account, and the Address/City/Zip fields contain munged
versions of the address of Phil Toms Seattle- area home, where Scott and the boys developed the framework for AP. It
is an inside account.
Now, the fun of it all. I first published these images three years ago, and theyve been in the public domain ever since.
These and other images were the basis of numerous major poker- industry news reports confirming Scott Toms
involvement in the cheating. Those reports are the top entries for any Google searches including Scott Tom and
cheating and could simply not have been overlooked by any writer this means you, Ben Mez rich doing any sort
of legitimate research on the topic.
Instead, Mez rich chose to publish a book of lies, very likely accepting a large commission to accept the project. The
truth about Straight Flush: Its a disgusting, false slap in the face to all of Absolute Pokers victims, those same people
Mez rich now hopes to con into buying his worthless book.
BIO
Latest Posts
Ben Mezrich's "Straight Flush" Literary Fraud, Part 7:The

Payment-Processing and Banking Falsifications
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-7-payment-processing-bankingf alsif ication/
The most shameful part of it all seems to be the unrelenting publicity war being undertaken by Mez rich and his
publisher, William Morrow Books (a division of Harper- Collins), in pumping Mez rich into high- profile mainstream
appearances over the last two weeks. Disgusting, with not a single mainstream outlet to date bothering to investigate
Mez richs misdeeds. When Mez rich Twitter- blocks the likes of the mild- mannered Melissa Hayden (along with many
other prominent poker people), one has to know that something is really, really wrong.
Today, well take a look at another area where Mez richs latest is invariably laughable his reworking of all the
banking and payment- processing anecdotes associated with Absolute Pokers rise and fall. Theres the story that AP
founder Scott Tom and his SAE fratboy brethren want the public to believe, and then theres the story as it really is.
Lets show some examples taken directly from Mez richs alternate reality:
Somehow managing to merge two separate federal investigations into Absolute Pokers payment- processing activities
into one. Straight Flush begins with a first- person account of Brent Beckley, one of the six SAE frat brothers the book,
nobly surrendering himself to US authorities in the wake of his Black Friday criminal indictment on multiple felony
counts. The Linwood Payment Solutions cash seiz ures had nothing to do with the Black Friday indictments for which
Beckley was indicted. They were separate cases.
Beckley claiming that he quickly saved Absolute Poker millions by getting the processing rate lowered from 8% to 4%
at one of the major processors handling the sites transactions. Huge lie. The market rate was indeed 4%, but Beckley
actually had the rate at a key processor lowered to 6%. It was important, however, to state the 4%, because industry
insiders would recogniz e that. Per an inside source, who was privy to the business details and has provided alternate
information to this writer, the other 2% went right into the pockets of Tom, Tatum, Beckley and the others via a kickback
from the processor involved.
Beckley claiming that the US government ignored his plans to reimburse players via an AP plan that would have
refunded as much as 75 cents on the dollar. This is pure fantasy. First, Beckley himself acknowledges that the
company had no more than $15 million in liquid assets at the time of the Black Friday takedown of the site, despite
assurances to its regulators that player funds were segregated. Absolute Poker owes players mostly in the United
States more than $55 million to this day.
Its a baseless, fraudulent claim proffered by Mez rich. Mez rich writes that Absolute Pokers payment processors
shady middlemen in the best of times simply disappeared, along with whatever money they owed the players and
the company.
Thats a two- layered lie right there. First, the processors (shady or not) are the legal agents of Absolute Poker. Those
processors didnt owe the players, Absolute Poker did, despite Mez richs deplorable twisting of language. Second, all
the money seiz ed from various Absolute Poker payment- processing accounts in connection with the Black Friday
charges amounted to between $5 and $7 million.
An additional $4 million or so went to satisfy the unemployment claims of the 400 workers laid off from Scott Toms Costa
Rica customer service firm, IDS, and that money had to be paid before any player claims could even be considered.
That left less than $5 million in available liquid assets. The only partial truth to any of this, as its mis- recalled on p.
282, is that the lawyers got a little bit of whatever was left.
Its all garbage, all of it. Absolute Pokers core execs had already looted the company, and there werent any
segregated funds anywhere to satisfy player claims. And Mez rich himself tries to bury the proof.
See, that Linwood Processing case, mentioned above? Its part of the same farcical absolution of responsibility spun
first by Brent Beckley, and then by Mez rich. Linwood Processing was a sting operation set up by Maryland- based ICE
(part of Homeland Security) agents, and yes, Absolute Poker did lose some funds there, but only a fraction of what was

seiz ed of the $50 million later Beckley claimed to be processed through the site over two years on behalf of AP.
Money flows through these sites; it doesnt stay in them.
(For the record, the Maryland feds seiz ed $33 million, but that was from several major sportsbook sites, ten in all, in
addition to Absolute Poker. Estimates vary widely as to how much came from AP coffers and how much came from
online bookies such as BetEd.)
Meanwhile, Beckley allows that his name was all over the Linwood processing, but fails to mention that his name was all
over all of the illicit processing on behalf of Absolute Poker, no matter what processor or banking channel was involved,
but mentioning all those other shady arrangements might lose the expected punch from telling about the one time
Beckley stuck his neck into the noose of a giant ICE sting operation. Mez rich muddles ICE/Homeland Security with FBI,
but as a prominent attorney verified to me shortly after I published this post, these were indeed two separate
investigations, by different agencies.
To the contrary, Linwood was just a tiny piece of the AP operation. This stuff was the guys job, after all. No indictments
were handed down from the Linwood seiz ures; the charges against Beckley emanated from separate processing
agreements on behalf of Absolute Poker, involving some of the other third- party processors also listed in the Black
Friday indictment.
BIO
Latest Posts
[...]
Ben Mezrichs Straight Flush Literary Fraud, Part 8: The

Ridiculous Lifestyle Justifications
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-8-lif estyle-justif ication/
This time out, lets veer away from the tedious but factual evidence
presented in this lengthy series previous posts, all of which reveals the
massive literary fraud of author Ben Mez rich in his faked true story of
the rise and fall of Absolute Poker, Straight Flush.
Instead, lets share a little bit of insight into what makes Ben the Writer
tick the way he manipulates his readers into somehow believing that
the Absolute Poker thieves were good people. After all, thats Mez richs
real job; if he cant make the likes of Scott Tom and Brent Beckley
sympathetic, then the books a flop. Along the way well toss in a few
real facts as well, just to contrast with Mez richs fraud.
The apex of the AP frat boys hedonistic parabola had to be APs
sponsorship of a gray Ferrari driven by former NETeller CIO Jeff Natland
(who managed not to be indicted when NETeller was targeted by US
feds only months later) into the Gumball 3000 rally, a global tour and
neverending party that ended up with a party at Hugh Hefners Los
Angeles Playboy Mansion. One AP insider wryly commented about
Mez richs failure to offer any sort of justification for what company wags
referred to as Scott Toms $500,000 festival of alcohol, while ignoring the harsher reality as well.
This Absolute Poker party scene, mostly in Costa Rica but at times spanning the globe, ran for several years and was
paid for out of APs corporate coffers. Nightly bottle service at San Joses most exclusive clubs was just one facet of the
myriad extravagances paid for with other peoples money, but the sobering reality is that the party activity drained
millions and millions from APs bottom line, and was itself a significant contributing factor to why there was no money left
when the piper finally came calling.
Its a shameless exploitation by writer Mez rich of his readers expectations, most of whom will never learn that the
vicarious thrills theyve paid for in purchasing this book arent real. Instead, Mez rich just plays to base instincts, the facts
be damned.
Examples abound in Straight Flush, which features multiple episodes of the frat boys alcoholic exploits across the
globe. Heres Mez rich at his most purple, over- describing a blotto and barfing Brent Beckley stumbling around the
innards of the Monte Carlo Casino:
The party had been beyond extravagant: a buffet that seemed to go on for miles, offering everything from
piles of stone-crab legs the length of baseball bats to vats of beluga caviar that could have filled a sandbox;
four working bars staffed by a half dozen staggeringly beautiful bartenders, all amazonian Eastern Europeans
who looked like theyd stepped off the set of a James Bond movie.
And all on their best behavior, except for Beckley, who is out- of- his- mind drunk after the fifth shot of sambuca had hit
the back of his throat. After suffering through Straight Flush passages like the above, Beckley shouldnt be the only one
struggling with gag reflexes.
2006 in particular was a year of extravagant spending by the AP boys: the Gumball 3000 rally, which spanned several
weeks; the Monte Carlo fete; and Hilt Tatums Paris wedding, among way too many other similar trips from that span of
the companys existence.
Hilts December 2006 wedding to St. Petersburg (FL) socialite Sarah Bennett is mentioned only in passing in Straight

Flush, it being another of the many tales in the book whose real truths swim barely beneath the fiction Mez rich spreads.
The wedding, originally scheduled for Florida, was quickly rescheduled for Paris after the October 06 signing of the
UIGEA, as the companys execs feared that any trip into the States might result in their arrests.
The whole lead- up to the Tatum- Bennett wedding was itself quite public, as Bennetts mom, Lennie Bennett, wrote a
year- long series on the wedding in addition to her regular literary duties as art critic for the St. Petersburg Times. As one
would expect, the real reason why the wedding was hustled over to France never quite made it into the SPT features.
Meanwhile, even as the AP frat boys took these steps to stay away from possible incarceration, what they told to their
customers had a wholly different flavor. This is the link to the full press release the company issued immediately
following the signing of the UIGEA, in which the company essentially thumbed their corporate noses at the US Congress,
writing in part:
We are confident that our business, and that of our partners and suppliers, will be unaffected because while
the U.S. Congress efforts potentially could block transactions conducted within the U.S. banking system,
many of our payment providers transactions are done within the framework of the international
banking system, which the U.S. Congress has no control over.
BIO
Latest Posts
[...]
Ben Mezrichs Straight Flush Literary Fraud, Part 9:

Rehashing a Faked Corporate Sale
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-9-rehashing-f aked-corporate-sale/
Among the core lies served up by Ben Mez rich in Straight Flush, which is
easily the biggest literary fraud of this decade, is that the primary
members of the University of Montana SAE fraternity group that founded
Absolute Poker left the company soon after AP became embroiled in
troubles. The troubles themselves are clear: First came the legal
difficulties presented by the UIGEAs passage in late 2006, and then
2007s fallout from the sites insider cheating scandal, said cheating
being led by AP founder Scott Tom himself.
The real explanation of why the cheating occurred stretches far beyond
what a blog post like this could entail, but it was due primarily to the
over- leveraging of the acquisition of the UltimateBet shortly after the
UIGEA went into effect, followed by the frat boys adamant determination
to continue on with their mad- spending, lifestyle. Nothing more than that,
in the final evaluation: greed and self- indulgence know no bounds.
But with decades of lifespan in front of them, and with tens of stolen
millions at their disposal, its little wonder the AP frat boys would want to
rewrite history. The garbage youll read in Straight Flush (should you be
conned into purchasing it) is part of that effort.
From the top:
Absolute Poker acquired UltimateBet in a shady deal worked on by a phalanx of prominent gaming lawyers that was
designed to do two things: (a) continue producing revenue for both the UltimateBet and Absolute Poker shareholder
groups; and (b) disguise the fact that both companies were still primarily US- owned.
The key to that, as the gaming laws explained was to get the biggest Indian you can find. I have that on tape, actually,
in a statement made by later AP CEO Ron Janusz as he attempted to explain to cheated AP shareholders in
teleconference calls why the shell constructs created by the lawyers were a great concept. I should know I was
patched into one of them.
The biggest Indian turned out to be Joseph Tokwiro Norton, former grand chief of the Kahnawake tribe and an
instrumental player in the creation of the Kahnawake Gaming Commission, the same entity that claimed to regulate AP.
The sales, first of UB to AP, and then of both companies to Nortons Tokwiro Enterprises, proved to be as fraudulent as
everything else.
The first press releases claimed Norton made a $10 million cash payment as part of the purchase; a year later, that was
revised to $5 million to better comply with an ongoing court case, and when the truth finally came out in documents
related to the United States Black Friday case, it turned out Norton made no payment at all: he was merely sent a
monthly stipend in exchange for being the operator of Absolute Poker, with no mention of ownership by Norton
actually existing in later years press releases issued by the company.
Its in this environment of a faked corporate sale that Ben Mez rich, in Straight Flush, tries to peddle the tale of Scott Tom
and Oscar Hilt Tatum IV flying off into the metaphorical sunset, leaving the company in the hands of the remaining frat
boys, including Pete Barovich, Garin Gustafson and Brent Beckley.
It didnt happen that way at all. Instead, following the creation of the Tokwiro Enterprises fronting entity, the shareholders
of Absolute Poker were split into two groups. The vast majority, more than 200 general shareholders not involved in the
operation of the company, were shunted off to an ownership entity called Madeira Fjord, while the key fratboy
employees AP execs and primary owners all had their shares buried in a different entity called Avoine- Servico de

Consultadoria e Marketing. At least seven of the frat boys had their shares hidden there, in exchange for a slice of the
gross revenues plus the irrevocable right to assume control of the company from Madeira Fjord at any future date.
That date came soon enough, when Madeira Fjord was quickly forced into bankruptcy proceedings in Norway, where
the entity was domiciled. Meanwhile, the actual assets of Absolute Poker itself came under United States seiz ure order
in conjunction with the Black Friday court proceedings. Lo and behold, out of the woordwork came lawyers on behalf of
Avoine, the frat boys secret ownership home, claiming that they were the real owners. Of course, the lawyers refused to
disclose exactly who the shareholders of Avoine were, and the contents of an Avoine shareholder registry remain one of
the most closely guarded of all Absolute Poker secrets to this very day.
But who was really in charge? If you believe Mez richs nonsense in Straight Flush, Scott Tom and Hilt Tatum were long
gone. Due to the layered way in which the company accrued its original shareholder investments, those two became
the companys most powerful players, among all the frat boys.
Mez richs claims that both Tom and Tatum left the company in late 2007 are garbage. Mez rich offers z ero evidence,
except for his own conversations with the two that they didnt own the company any more. But real evidence? None.
On the other side, plenty of evidence exists. In the recently released Travis Makar recordings, which were secretly
taped in 2008 by UB cheater Russ Hamilton as he tried to secure his own future, UB CEO Greg Pierson and UB legal
counsel Daniel Friedberg can be heard talking about the UB/AP deal in several passages, and reiterate throughout that
despite the involvement of Norton and the appearance of the new ownership shells, Tom and Tatum were still in charge
of AP.
The largest of several tapes secretly made by Hamilton, nearly three hours in length and including huge swaths of
revealing information about both UB and AP, can be found at YouTube here.
Then theres the story of Hilt Tatums wedding, moved from Florida to Paris in haste in late 2006 since none of the frat
boys dared to return to the US. The St. Petersburg Times, in which the socialite affair of the Tatum- Bennett wedding
occupied a years worth of lifestyle columns, found itself needing to run a news expos on Absolute Poker after Black
Friday, when hard evidence about APs real ownership was dumped in its lap by the jilted Madeira Fjord owners, who
were robbed of promissory notes and continuing income worth at least $250 million.
That expos, actually published in the cross- Bay Tampa Bay Times edition, can be found here. This passage is
exceptionally telling, in addition to being true:
Meanwhile, most of Absolute Pokers shareholders were out of the loop and increasingly angry after dividends
dried up in 2009. Though a few early investors bought in at 10 cents a share, late-comers paid as much as $3.
Total payout amounted to only 18 cents a share. What about the windfall? It never came.
Shareholders heard that the founders were living luxuriously in Costa Rica and Panama, adding to their
aggravation. [Richard] Borgner and Janusz told the shareholders that the founders left the poker operation
years ago. Few disgruntled shareholders believed it.
Shawn Mesaros, a Seattle investor, said another shareholder raised questions about the companys finances
in late 2009 and immediately got two calls one from Tom, the second from Tatum, who suggested a
meeting.
What would they care if they were no longer involved? Mesaros asked.
Ive spoken at length in recent years with both Mesaros and the other shareholder, who was part of a Seattle firefighters
investment group who seemingly became financial prey in the talons of the greedy Phil Tom. The calls from Scott Tom
and Hilt Tatum indeed took place, and I received much additional information as well.
As one would expect, once the company was collapsed and its shell games exposed, the greedy Avoine- housed frat
boys still dared to try and wrest control of the few remaining assets, namely the software and the player database.
When did that effort finally end?

Last week, when the US government finally received a decree with prejudice that bars all existing and future Avoine
claims against the assets of AP. For all the noise made by Tom, Tatum, Brent Beck, Pete Barovich and the others
through the pages of the fraudulent Straight Flush, the SAE boys were still in there trying to grab for themselves, right to
the very last. The jilted AP players, who are still owed at least $55 million left unrefunded when the site went under, are
unlikely to get any money in any event, since the actual value of these assets is small.
Nonetheless, any chance of even a few pennies on the dollar being returned rests with those assets being liquidated by
the US government, the same entity the SAE frat boys continued to battle all the way until last week.
The lies in Straight Flush? They run nonstop, start to finish. Its an abomination of a book. Shame on Ben Mez rich.
Shame on William Morris Books for publishing it. And shame on the frat boys themselves, though they moved beyond
shame for their actions years ago.
BIO
Latest Posts
[...]
Ben Mezrichs Straight Flush Literary Fraud, Part 10: Assorted

Hilarities, Links and Reviews
flushdraw.net /news/ben-mezrich-straight-f lush-literary-f raud-part-10-hilarities-links-review/
Ben Mez richs latest literary fraud, Straight Flush, continues to amaz e the
poker world with its blatant rewriting of history regarding Absolute Poker
and the crooked college frat boys who ran the company. The first nine
parts of this series detailed some of the worst literary sins Mez rich
committed in this book, and itd be easy to go on in the same vein
through Part 25 or thereabouts.
But enough is enough; the guys a liar sitting at a keyboard, and a few
more words here toting up the lies wont really change that. When one
considers those frauds, ranging from gross historical inaccuracies to
imperative omissions to falsification of the books timeline, Straight Flush
is actually nothing more than a piece of mediocre fiction using some real
people and events as props.
Mez rich himself continues on a publicity tour designed to keep him from
answering any hard questions about the book, and every time hes tried
to out- argue his critics, hes fled quickly in the face of the facts being
flung at him. This Ben Mez rich book thread at 2+2 is just one of several
prominent examples, wherein the fraudulent writer appears and then
takes a flier, seemingly never to return, when facing some of the same hard questions posed in this series.
Before fleeing into the night when asked to comment on his books falsified timeline, Mez rich instead served up gems
such as, Some like the way I write my nonfiction, others dont; thats the nature of the beast. Which utterly ignores the
fact that what people are irate about is the non part of his fiction.
Mez rich was even stupid enough to slap many of APs victims directly in the face, writing, The truth is, the vast majority
of people who lost money on Black Friday did not lose money because of cheating, or because of Scott Tom; IMO,
they lost money because the DOJ shut the business down, froz e assets; shady processors vanished with millions of
dollars, many millions more were used to pay off employees because of costa rican laws, and millions more went to
lawyers for legal defense. If Black Friday had not occurred, players would not have lost that money. Unfortunately, the
company didnt have a big enough war chest to pay off its accounts, and many people were devastated. All of that is
presented in the book.
Thats an amaz ing collection of lies right there. First of all, the site was supposed to have maintained segregated
player accounts, particularly after oversight of Absolute Pokers corporate activities were purportedly under close
scrutiny after the exposure of the Scott Tom- led cheating in late 2007. When Black Friday occurred; the company had
$55 million in liability to its players alone, and only $5 million in its war chest. Thats not a war chest at all; thats a
looting of the companys liquid assets.
Ive since verified the internal Costa Rican IDS memo concerning the employee- severance needs, which I published
myself back in 2010. That total (which was duly paid, under threat of exposure of APs money- laundering activities, was
$2.75 million. Compared to the $55 million of missing player funds, thats a drop in the bucket.
Heres Scott Toms head of processing at Innovative Data Solutions, Olman Rimola, threatening Scott Toms and Hilt
Tatums hand- picked corporate head of AP and the Cereus Network, Paul Leggett, from April 29, 2011 (plus or minus
one day), two weeks after Black Friday:
Hi Paul,
The company always has deposited IDS operational expenses. The liquidation for all IDS employees is

USD$2,750,000. This amount has not been deposited yet into IDS bank account.
If next Tuesday, May 3rd, this amount has not been deposited in IDS bank account, I will face all IDS
employees and I will explain this situation. After that, I will go to the US Embassy and I will contact FBI
agents, who are right now in Costa Rica, and I will reveal all the information I have of Absolute Poker and
UltimateBet operations, including full detail of original shareholders, corporate structure, processing
procedures, all related companies, lawyers, executives, bank statements, bank wires, emails and instructions
I have received, etc. FBI will be more than glad in to grant me immunity exchanging this information.
Just a reminder, if anything happens to me, or people close to me, I have prepared 3 sets of this information
which are in hands of 3 different lawyers, with instructions to proceed with US Embassy and Costa Rican
authorities.
I feel sorry about ending our relationship like this way, but my IDS employees are first.
Best regards,
Olman Rmola
Absolute Poker was as fraudulent an operation as ever graced the online poker world. Leggett and Rimola, despite
their prominent roles, are among two of the many prominent AP people or corporate entities who dont even appear in
the pages of Straight Flush. You wont find IDS, nor room manager Gian Perroni, nor Mark Seif, the prominent pro who
was onboard at AP about the same time Brent Beckley joined the mix.
You sure wont find Stuart Gordon and Blanca Games and that whole faked- up ownership debacle. You also wont find
Madeira Fjord or Avoine or even Greencat Holdings, almost assuredly one of the Toms ownership hiding nooks. Nor
will you find any of the crooked lawyers; not surprising, that.
Omitting all those real props has a secondary effect the uneducated reader wont ever know: Since the portrayal is so
stilted, a number of very juicy anecdotes had to be left out of the book which I guess is great for the next AP book that
comes along.
Reviews for Straight Flush are all over the map, though both it and Mez rich himself are getting a well- deserved
hammering at Amaz on. The most insightful mainstream review comes from James McManus at the Wall Street Journal,
as weve noted previously.
Janet Maslins review at the New York Times thoroughly trashes the book on its writing demerits alone, without
knowledge that the core story is itself a collection of lies. Maslin famously referred to Mez rich as a baloney artist for
pulling off some of the crap he tries in Straight Flush in his earlier work.
And of those works, its interesting to note that Straight Flushs blatant fraudulence echoes that of another Mez rich effort,
The Accidental Billionaires. A lot of that books core story is falsified as well, covering up a rather different history of
Facebook that allegedly includes a stolen core concept and a hacking into Harvard servers by Mark Zuckerberg, the
famed Facebook founder. Aaron Greenspan, the author of Authoritas: One Students Harvard Admissions and the
Founding of the Facebook Era, asserts that he was the inventor of a pre- Facebook system at Harvard called
houseSYSTEM that was not only emulated by Facebook, but actually used the term Facebook as part of its
operations.
Greenspan eventually sued Mez rich, Mez richs personal corporation, Random House Books and Sony Corporation
over the falsehoods that wound up in the book and in the resulting movie, The Social Network. Greenspan lost that
case, on what appears to be very narrow grounds, though not before it reached the US Supreme Court. The takeaway
of all that is that Mez richs printed lies already have a history of generating lawsuits.
Its a shame that the poker world is the latest niche market to be polluted by Mez richs falsehoods, but thats what the
guys about. Ben Mez rich is probably Americas greatest literary liar, though thats a title no one should really want.
As for Straight Flush, its fully deserving of being awarded the three degrees treatment, as in the classic joke. The
three degrees are B.S., M.S. and Ph.D, which, as always, stand for Bull Shit, More of Same, and Piled Higher and

Deeper.
There will come a day when Mez richs books are yanked from the nonfiction shelves. I, for one, cant wait.
BIO
Latest Posts
[...]
EXHIBIT F
June 7, 2013 Article Ben Mezrich Tries to Defend the Indefensible by Steve Ruddock
Ben Mezrich Tries to Defend the1:11-cv-12000-RBC

Case Indefensible
http://www.pokereagles.com/news/5650/ben-mezrich-tries-to-defe...
Document 61 Filed 11/06/13 Page 64 of 66
Enter your search...
HOME
RULES
STRATEGY
HOME POKER GAMES
QUIZ
MOVIES
QUOTES
PROFILES
PICTURES
REVIEWS
MOBILE APPS
Ben Mezrich Tries to Defend the

Indefensible
by Steve Ruddock June 7, 2013 at 10:12 am
RECENT ARTICLES
Full Tilt Poker Announces
Big Bonus Promotion
November 1, 2013
PKR Announces Equalizer

Promotion $10,000 Cash
Prizes
November 1, 2013
Ben Mezrich is quickly learning what the poker world is all about, and I doubt he
likes it. Im not sure what he was expecting to happen when he wrote his latest book
Revolution Gaming
Network Stealing Old Lock
Poker Players
(which will no longer be named by me) because you have to figure he did at least
some research but then again, judging by the finished product, maybe he didnt.
October 31, 2013
Perhaps it was all the time he spent with the SAE Frat Boys while he was putting
together his latest book (which I will not name) that led him to believe that the poker
community was a bunch of young, hard-partying, slacker-types. But Mezrich is
quickly learning via the 2+2 poker forum and social media that nobody has better
FOLLOW OUR TWEETS
memories or is better at sniffing out a bluff than poker players, and Mr. Mezrich, we
are calling your bluff, now lay your cards on the table for all to see.
The first shots across the bow came from Haley Hintze. Haley has been demolishing
Mezrichs latest offering of fictional-nonfiction in a 10-part series on FlushDraw.com,
picking over every falsified bit of information and omitted fact. At the same time the
rest of the poker community has taken to Twitter and has been asking their own
Tweets
PokerEagles
@pokereagles
Follow @pokereagles
1 Nov
Full Tilt Poker Announces Big Bonus Promotion

pokereagles.com/news/7287/full
questions of Mezrich which has caused Mezrich to block several poker

players/personalities.
But the real fun didnt start until Mezrich made the worst possible decision in the
history of bad decisions; he decided to defend his book and his interpretation of
PokerEagles
@pokereagles
1 Nov
PKR Announces Equalizer Promotion - $10,000

Cash Prizes pokereagles.com/news/7281/pkr-
events on 2+2. When he jumped into the conversation Mezrich walked into the lions
den carrying a dead antelope and ringing a dinner bell, and was probably starting to
PokerEagles
consider whether or not emergency root canal surgery would be less painful shortly
Tweet to @pokereagles
31 Oct
thereafter.
Armed with his talking points and only a cursory knowledge of what 2+2 is all about,
1 of 3
11/3/13, 1:06 PM

Case Indefensible
and precisely what the poker community is capable of in the way of debate and
research, it wasnt long before his flanks were exposed. To be honest, its really not
his fault; some people show up at 2+2 and try to defend their name when theyve
been caught doing something untoward armed with what amounts to bringing a
knife to a gun fight.
Mezrich decided to do these people one-better (hes a big deal you know and will not
be outdone by multi-accounters and deadbeats) so Mezrich brought a bulls-eye
target to the gun fight. As soon as I learned Mezrich had posted on 2+2 I knew it
wasnt go to be pretty, and visions of Mezrich getting the DogisHead treatment
started dancing in my head with a witty Srsly Sirius ditty featuring Mezrich playing
in the background.
Mezrich made a series of posts on 2+2 on Wednesday night, but hasnt been heard
from since (he is still trying to answer questions on Twitter though as talking points
work better in 140 characters or less) and considering his paltry responses to the
questions raised on 2+2 its highly unlikely hell be returning anytime soon. For me,
the most amazing part of Mezrichs defense of his latest book (which will continue go
unnamed) is his complete unwillingness to accept he has many important points
completely wrong.
One of two things is going on here: Either he feels the entire poker community is in
cahoots and is misleading him and/or he was so enthralled with the SAE Frat Boy
stories that he started believing them, or he is complicit in the misinformation
campaign.
Mezrich keeps claiming he is telling one part of the story, but hes not. He is telling
one side of one part of the story. When you call your work non-fiction (narrative or
not) the expectation of the reader is that you performed at least a cursory fact-check
of the people you interviewed and the stories they told you. Hiding behind (Im
paraphrasing Mezrich here), this is the story from the people involved and thats a
story for someone else to tell is disingenuous and demeaning to the people who
were victimized by the actions of the AP crowd.
To see the back and forth you can read the 2+2 thread. The fun begins at Post #180:
http://forumserver.twoplustwo.com/29/news-views-gossip/ben-mezrich-announcesbook-about-absolute-poker-1234829/index12.html
You can read Haley Hintzes 10-part series on the falsehoods in Mezrichs book here:
http://www.flushdraw.com/news/ben-mezrichs-straight-flush-literary-fraud-part-1the-elements-of-deception/
You Might Also Like

PokerNews.com
Preparing for The
Mezrich Files
21 and Social Network

Author Writing Online
Poker Book
Ivey Poker Released

Mobile Poker App
Two Trump Casinos Get

Third & Forth NJ Online
Gambling Licenses
Steve Ruddock
With over a decade in the industry Steve can be categorized as an official
poker junkie, having played poker in locales from Foxwoods to Las Vegas
and even in Europe. Steve is a former professional poker player who
transitioned to the more serene life of poker media in 2009 to spend
2 of 3
11/3/13, 1:06 PM

Case Indefensible
more time with his family. Steve currently lives on the East Coast and is
married with two kids.
ADVERTISE WITH US
THE TEAM
PRIVACY POLICY
CONTACT US
DISCLAIMER & DMCA
SITEMAP
Copyright (c) 2006-2013 PokerEagles.com - All Rights Reserved.
3 of 3
11/3/13, 1:06 PM

MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR RELIEF FROM A JUDGMENT OR ORDER PURSUANT TO RULE 60 (B) Gov - Uscourts.mad.140329.61.0

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

MEMORANDUM IN SUPPORT OF PLAINTIFF'S MOTION FOR RELIEF FROM A JUDGMENT OR ORDER PURSUANT TO RULE 60 (B) Gov - Uscourts.mad.140329.61.0

Uploaded by

Copyright:

Available Formats

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 1 of 66

UNITED STATES DISTRICT COURT

MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR RELIEF FROM A

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 2 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 3 of 66

Due to Typographical Error, the Court Inadvertently Cited the Wrong

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 4 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 5 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 6 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 7 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 8 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 9 of 66

New Evidence of Defendants Wrongdoing Requires Relief from Judgment

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 10 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 11 of 66

4) Both used a short phrase with all capitalized words

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 12 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 13 of 66

Fraud and Misrepresentation by Defendants

intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party. Pakizegi v.

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 14 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 15 of 66

New, Material Legal Precedent Has Emerged Since May 9, 2012

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 16 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 17 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 18 of 66

Cooley).[6] General damages, on the other hand, cover loss of reputation,

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 19 of 66

Other Factors Pursuant to Rule 60(b)(6)

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 20 of 66

Respectfully submitted this 6th day of November, 2013.

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 21 of 66

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 22 of 66

.koob noitcifnon a ton si serianoilliB latnediccA ehT taht

Case 1:11-cv-12000-RBC Document 50 Filed 05/09/12 Page 27 of 39

.deredisnoc eb tonnac stcaf esoht ,snoitom evitisopsid

.stneve emas eht fo stnuocca

eht gnisuac yb ssenisub sffitnialp eht demrah snoitatneserpersim stnadnefed

era snoitagella eht ,srebmun selas tsoob ot serianoilliB latnediccA ehT

Case 1:11-cv-12000-RBC Document 50 Filed 05/09/12 Page 28 of 39

Case 1:11-cv-12000-RBC Document 61 Filed 11/06/13 Page 25 of 66

What does non ction mean

1:11-cv-12000-RBC Document 61 Filed http://wiki.answers.com/Q/What_does_non_ction_mean

BOOKS AND LITERATURE

LITERATURE & LANGUAGE

In: Literary Terms [Edit categories]

What does non fiction mean?

Can you answer these?

Instant Grammar Checker

How can you get straight E's?

In: Vowel Sounds

Download a Free Audiobook

Try Audible with a free audiobook. No Shipping, No

How do you tell if mini potbelly is a girl or boy?

In: Animal Life

Recent site activity

How does acyclovir effect a hosts cell?

Top Contributors This Week

or non-real people and/or events.

Did we answer your question?

Trust Points: 433

Trust Points: 2610

Improve this answer...

ow much profit it wants to make