EDITORIAL AND OPINION
For the past year the general public of New York State (NYS) have been assailed by CrowdSource The Truth pushing misleading and false information concerning legal remedies available to the victim families of the World Trade Center (WTC) tragedy.
The end-game of these hoax messages has been clearly articulated by “forensic economist” David Charles Hawkins, co-founder of the ultra-extremist anti-government conspiracy brand known as “ABEL DANGER“.
Like CrowdSource The Truth (CSTT), ABEL DANGER has widely disseminated dangerous calls to action in a Hal Turner like fashion. Caveat: Hal Turner was an F.B.I. informant remotely linked to the death of a federal judge’s husband and mother in Chicago, Ill and convicted for threatening a federal judge (serving 33 months).
Conspiracy theorist Hal Turner
United States Court of Appeals, Second Circuit.
UNITED STATES of America, Appellee, v. Harold TURNER, Defendant–Appellant.
Decided: June 21, 2013
Before POOLER and LIVINGSTON, Circuit Judges, and COGAN, District Judge *. Richard H. Dolan (Ronald G. Russo, David Wikstrom, Harvey M. Stone, Elizabeth Wolstein & David J. Katz, on the briefs), Schlam Stone & Dolan LLP, New York, NY, for Defendant–Appellant. William R. Ridgway, Assistant United States Attorney (Manish S. Shah, Assistant United States Attorney, on the brief), for Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, Chicago, IL, for Appellee.
On June 2, 2009, Harold Turner published a blog post declaring that three Seventh Circuit judges deserved to die for their recent decision that the Second Amendment did not apply to the states:
If they are allowed to get away with this by surviving, other Judges will act the same way.
These Judges deserve to be made such an example of as to send a message to the entire judiciary: Obey the Constitution or die.
Turner’s lengthy commentary declared that the blood of these three judges would “replenish the tree of liberty,” that the judges “didn’t get the hint” sent by a gunman who had murdered the family of another federal judge in Chicago, that they had not “faced REAL free men willing to walk up to them and kill them for their defiance and disobedience,” that their ruling was “so sleazy and cunning as to deserve the ultimate response,” and that the judges “deserve to be killed.” The next morning Turner posted photographs, work addresses, and room numbers for each of the three judges, along with a map indicating the location of the courthouse in which they worked, and a photograph of the building modified to point out “Anti-truck bomb barriers.”
Testifying at his federal “Death-Threat Trial,” Internet shock jock and FBI confidential informant Hal Turner said federal agents — while asking his help in identifying a white supremacist killer — told him to “ratchet up the rhetoric.”
Turner, on trial for threatening the life of three federal judges who issued rulings supporting gun control, claims he followed the agents’ suggestion immediately, posting a picture of Judge Joan Humphrey Lefkow of Federal District Court in Chicago on his blog below the headline “Gotcha!” and later appearing on television to declare the judge “worthy of death.” In exchange, Turner said, he was paid by the F.B.I.
In his five hours on the witness stand, Turner detailed his ascent as a shock jock, as well as his relationship with the F.B.I. , which he says encouraged his seemingly racist rants over the years. Turner’s first trial ended with a deadlocked jury last year, with prosecutors admitting then that he was an F.B.I. informant.
ABEL DANGER IS AS DANGEROUS
ABEL DANGER co-founder and Jason Goodman side-kick David Hawkins has been openly soliciting potential litigants to step-up and file legal actions against defense and aerospace companies such as Northrop Grumman, Boeing Aerospace, Entrust Technologies, SERCO, Inc., etc. Hawkins seems to get perverse satisfaction by providing the next-of-kin of September 11, 2001 World Trade Center (9/11 WTC) with false hope that litigation actions are available to them against technology companies for the wrongful use of patented technology.
Hawkins openly admits he is working with Jason Goodman to educate 9/11 WTC next-of-kin survivors with reverse Crime Scene Investigation (CSI) technology that can pinpoint the patents issued by the U.S. Patent and Trademark Office (USPTO) that can be linked to the death of their loved ones (offering the possibility of compensation).
The rhetoric widely distributed by Hawkins and Goodman seems eeriley similar to that of Hal Turner.
ESTABLISHING JURISDICTION OF THE
FEDERAL TRADE COMMISSION
UNDER NEW YORK STATE LAW
Section 5(a) of the Federal Trade Commission (FTC) Act, 15 U.S.C. § 45(a), prohibits unfair or deceptive acts or practices in or affecting commerce. Section 12(a) of the FTC Act, 15 U.S.C. § 52(a), prohibits the dissemination of any false advertisement in or affecting commerce for the purpose of inducing, or which is likely to induce, the purchase “services”. For the purpose of Section 12 of the FTC Act, in this context the CSTT solicitation to litigation are considered to be services (“forensic economist expert services”).
David Charles Hawkins (a non-U.S. citizen living in White Rock (South Surrey), British Columbia, CANADA) solicits his expertise as an “forensic economist” that can assist next-of-kin of 9/11 WTC families in recovering monies from those companies (like Northrop Grumman) that have misused patented technology to create “wrongful deaths from the negligent, reckless, wilful or fraudulent use ” such patents (as explained during hour long lectures on the CSTT platforms).
CrowdSource The Truth is a licensed trademark which confers the jurisdiction of the Federal Trade Commission, FTC Act Sec. 3, 15 U.S.C. Sec. 43.
Section 5(a) of the FTC Act provides that “unfair or deceptive acts or practices in or affecting commerce . . . are . . . declared unlawful.” 15 U.S.C. Sec. 45(a)(1). Safe Web clarified that “unfair or deceptive acts or practices” in Section 5(a) include such acts or practices involving foreign commerce that cause or are likely to cause reasonably foreseeable injury within the United States or involve material conduct occurring within the United States. 15 U.S.C. Sec. 45(a)(4)(A).
“Deceptive” practices are defined in the Commission’s Policy Statement on Deception as involving a material representation, omission or practice that is likely to mislead a consumer acting reasonably in the circumstances. An act or practice is “unfair” if it “causes or is likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.” 15 U.S.C. Sec. 45(n).
In addition, the Commission enforces a variety of other consumer protection statutes that prohibit specifically defined practices. These statutes generally specify that violations are to be treated as if they were “unfair or deceptive” acts or practices under Section 5(a); many also provide that violations are to be treated as if they were violations of a trade regulation rule issued under Section 18 of the FTC Act (and thus subject to civil penalties). Summaries of the statutes giving the Commission enforcement powers are available on this site.
NEW YORK LAW
While the FTC Act does not have a private right of action for violation of its rules, New York has implemented a deceptive and unfair trade practices acts (which does have private rights of action) which makes violations of the federal act and regulations a violation of the state act.
New York’s “mini-FTC Act” a private right of action will be available advance federal principles. N.Y. General Business Law (GBL) states at § 349, Deceptive acts and practices unlawful, Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.” [emphasis added]
Because Plaintiff is functioning as a private attorney general, he is broadly empowered to protect the general public against deceptive acts and practices, and false advertising. See Marcus, 158 A.D.2d at 105-106, State by Lefkowitz v. Colo. St. Christian College of the Church of the Inner Power, 346 N.Y.S.2d 482, 487 (Sup. Ct. N.Y. Cty. 1973). These decisions stand against the Defendant who would be permitted to continue his deceptive practices, wire fraud, fraudulent schemes and false advertising, in violation of N.Y. G.B.L. §§ 349 and 350, as simultaneously declared unlawful by the FTC Act, 15 USC § 45.
If the Defendant is not restrained or held accountable by this Court, the public will continue to suffer irreparable harm by the ingestion of “fake news”, based on falsity and deception, which could easily cause confusion and chaos amongst next-of-kin survivors of 9/11 WTC.
Accordingly, courts have treated future irreparable harm to the public as sufficient to obtain a preliminary injunction order under N.Y. G.B.L. §§ 349 or 350. See Marcus v. Jewish Nat’l Fund, 158 A.D.2d 101, 105-06 (1st Dept. 1990).
Regardless of whether the Plaintiff can in fact be required to prove irreparable harm in this case, the Plaintiff can make such a showing. As demonstrated herein, consumers and the public will suffer irreparable injuries unless Defendant’s deceptive acts, opinions from experts with fake bona fides (“forensic economist“) and false advertising are enjoined. To prove that a practice was deceptive within the meaning of N.Y. GBL Section 349, harmed consumers must show that (1) the act or practice was “consumer-focused,” (2) the act or practice was misleading in a material way, and (3) they suffered an injury as a result of the deceptive act. Stutman v. Chemical Bank, 95 N.Y.2d 24, 29 (2000). Plaintiff’s claims easily satisfy all three elements.
Because the Plaintiff is seeking a preliminary injunction pursuant to N.Y. G.B.L. §§ 349 and 350 (GBL), the irreparable harm analysis in this case differs from a traditional preliminary injunction analysis. Sections 349 and 350 on their face entitle private plaintiffs to seek injunctive relief so long as they have suffered an injury as a result of the defendant’s deceptive acts or false advertising. See N.Y. GBL § 349(h).
The Supreme Court has held that “the words ‘to defraud’ commonly refer to wronging one in his property rights by dishonest methods or schemes, and usually signify the deprivation of something of value by trick, deceit, chicane or overreaching.” [emphasis added] McNally v. United States, 483 U.S. 350, 358 (1987), superseded by statute on other grounds by Skilling, 561 U.S. 358 (2010) see also United States v. Lew, 875 F.2 219, 221 (9th Cir. 1989).
DAVID HAWKINS SOLICITING MASS TORT CLAIMANTS ON
CROWDSOURCE THE TRUTH
45:26 HAWKINS: So my point is, please if you are a relative of any firefighter in New York that died, or you have an interest in such, support, or join .. you know .. Jason Goodman and myself and we will explore the possibility that those firefighters that died as a result of the negligent, reckless, willful or fraudulent use of patented devices. And then, sue the hell out of the custodian (Goodman laughs) which is SERCO and its shareholders.
45:54: GOODMAN: And of course, we’re gonna do that, we’re gonna do that anyway David. But, we certainly will be able to sustain it and hope that people who enjoy the show and want that justice to be served will sponsor the channel.
DAVID CHARLES HAWKINS JUNK SCIENCE
A crowdsourced social media investigations into David Charles Hawkins (White Rock, British Columbia) revealed the use of fake bona fides to include the quasi-judicial title “forensic economist”. David “Sherlock” Hawkins makes ample use of this title as he passes off his junk science “MaliPod” (purportedly trademarked).
David Hawkins and Jason Goodman are combining their online ‘discovery’ expertise to outline class-action lawsuits in their courts of public opinion (COPO) against agents of the Serco Patented Imperial Trust (SPIT), apparently structured in 1988 by N M Rothschild & Sons Ltd. from the management buy out of RCA GB 1929 and the subsequent IPO to breed terrorist threats inside the United States, provide information on terrorists outside the country, and track known terrorists worldwide and conceal the negligent, reckless, wilful or fraudulent use of patent devices in re wrongful deaths of, inter alia, the victims of the 9/11 attacks on the WTC#1 (North Tower) attributed to the late Osama bin Laden—Amalgam Virgo June 1-2, 2001— the 2001 Anthrax attacks on media and Senate offices attributed to the late Bruce Ivins, senior biodefense researcher at USAMRIID, Fort Detrick, Md., and, the death of the late Honey Sherman initially attributed to her husband the late Barry Sherman in December 2017.
Using his Malipod™ (ref.) virtual patent-profiling machine to reverse engineer fake news and bogus CSI, Hawkins has identified at least four individuals per below who appear to have had ad hoc custody of the patented devices used in wrongful deaths at the North Tower, Anthrax and Sherman crime sites
Posted Nov 19, 2018 – Hawkins Malipod™–Con Air Serco’s Paradise Patents—Teachers’ Cat Bond Arcing– McVicar’s Bridge of Fraud™ (Source)
David “Sherlock” Hawkins is using his Malipod™ virtual machine (see references) to investigate Nicholas (Nick) Soames and Tracey McVicar as possible de-facto custodians of patents describing AI and expert-system algorithms including Jerome Lemelson’s “Prisoner [Con Air] tracking and warning system and corresponding methods 2000-04-25 US6054928A Grant” needed by Serco, the USPTO’s outsourcer for Pre-Grant Publication (PGPubs) Classification Services, and its shareholders such as the Teachers (TIAA) pension fund, to sponsor a catastrophe (cat) bond in California—$200 million Cal Phoenix Re Ltd. (Series 2018-1) transaction—where witting or unwitting prisoners and firefighters and scientifically-illiterate teachers…
Hawkins Malipod™ investigations suggest that agents of Soames, McVicar and Serco have been using expert-system algorithms and a ‘submarine’ version of the Lemelson prisoner-tracking patent in Antigua since the mid-‘90s to conceal an international racketeering network where SWAT teams of prisoners, parolees and victims are monitored for “heart rate, pulse, blood pressure, respiration, temperature, and chemical properties of selected body fluids such as sweat and/or breath” and rewarded for the removal or spoliation of evidence from murder-for-hire, hard-core and child-pornography and online-betting sites, formerly operated by Vancouver-based Starnet Communications, as was apparently the case …
David “Sherlock” Hawkins is using his Malipod™ (see ref.) virtual patent-profiling machine to analyze the role of Serco—the world’s largest non-state air traffic controller and alleged provider of carbon credits expressed as the weight of carbon saved in HVT or mass casualty events—in the use of expert-systems to track patented Con Air SWAT team assets through crime sites associated with the stabbing death of the late Molly K. MaCauley an economist specializing in satellites and the U.S. space program, and V-P Research at a Washington-based think tank, Resources for the Future, in the Roland Park neighbourhood of Baltimore on July 8, 2016.
Hawkins’s Malipod™ investigations suggest that Isham, former CIA director of the National Imagery and Mapping Agency, Member of USIS Advisory Board, former VP at BAE Systems in Washington D.C. Metro Area, Director of Maxar Technologies Ltd. (formerly MacDonald, Dettwiler and Associates Ltd) a prime contractor for Nanowave Technologies, and Director of BEI Precision Systems & Space Co. Inc. (inventor of the Clinton-patented QRS11 gyrochip apparently used in Boeing drag and drop on 9/11) used a patented drag and drop interface and expert-system algorithms on the federal bridge certification authority (FBCA) network to attack NYC’s WTC complex with two hijacked planes and demolish three buildings (WTC 1, 2 and 7) with the same energetic materials …
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I’ve posted this video to let everyone know that although the explosion this morning was very close to my home and Crowdsource the Truth headquarters, I was not injured. Thanks to those who have inquired.
Linked to ISIS, this seems to have been a scare tactic by an impotent terrorist, similar in scope to explosions that took place on 23rd Street in Chelsea (also very near my home) just over one year ago. Fortunately no serious injuries have been reported.
Crowdsource the Truth has been exposing fraud, corruption and crime for more than one year. As we grow in viewership and effectiveness, our effort has come under consistent heavy attack by a determined group of misguided individuals.
These are truly despicable people who rely on spin, speculation, intimidation, exaggeration, fabrication, and malicious lies. They have concentrated their efforts to conceal the truth and present a manufactured, patently false narrative and fraudulent conclusions.
While they do this, they attempt to achieve financial gain through a wide range of methods including monetized YouTube channels, Patreon solicitations, blockchain driven sites, fraudulent charity fundraising efforts, baseless fake lawsuits that abuse civil legal procedure and other methods.
The attacks are focused not only on the privately owned corporation under which I create the video and social media content for Crowdsource the Truth, but also on me personally, assailing my physical characteristics and religious heritage in a way that can only be described as hateful and un-American. They target even those brave, honest, hard working patriots who have defied corrupt authority to step forward and expose crimes that impact us all.
The latest efforts of this nefarious group have graduated to a level that demands action. Their malicious attacks have gone too far. Their deception must be exposed. They must face justice for their acts.
They mask their method as childish antics and “troll” behavior but this is a charade to hide their true, far more sinister purpose. They antagonize targets to elicit engagement and perpetuate discord. They aim to make the very act of addressing their claims or actions appear to bring down the value of the content here. When lies go unchallenged, some may begin to believe them.
This group also aims to raise their profile and profits by exploiting the explosive growth of the fantastic audience here, while they continue to deceive and attempt to take advantage of the Crowdsource community. To more effectively neutralize their efforts, Crowdsource the Truth will go back to ignoring them and remain dedicated to investigative journalism, crowdsource fact checking and the serious work we have all set out to do. If you also wish to ignore these individuals, please continue to enjoy that effort here.
Those interested in learning how the misguided, malignant personnel are carrying out their nefarious plans and help put an end to their wrongdoing may do so at a new YouTube channel “Exposing the Chavez Hoax” with content coming soon, link below:
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**Legal Disclaimer: Sponsorship of Crowdsource the Truth is made at the sponsor’s sole discretion. Sponsorship funds are not tax-deductible, are non-refundable, and do not represent any ownership, equity interest or decision-making authority in the organization.
To be continued ….
Another example. Defendant’s commercial merchandising of Plaintiff’s likeness, portrait, and/or photograph to market and sell “Deep State Dunce” merchandise (coffee mugs, tote bags, etc. bearing the Plaintiff’s portrait, likeness, and/or photograph) without permission is unlawful in New York. Such reprehensible conduct is in no way newsworthy, or entitled to protection under N.Y. Civil Rights Law §§ 50-51. The Defendant’s merchandising of the Plaintiff’s likeness, photograph and/or portrait is in a form separate and distinct from the dissemination of any valid news or information. (see Binns v. Vitagraph Co., 210 N.Y. 51; Sutton v. Hearst., 277 App.Div.155). The interstate wires of the Internet have been used to market, promote and sell these unauthorized merchandising products by the Defendant.
The Plaintiff has been unduly featured and exploited by the Defendant’s so-called podcast “interviews”. (Blumenthal v. Picture Classics, 235 App. Div. 570, affd. 261 N.Y. 504). To be sure, in the case of these podcasts, the likeness, portrait and/or photograph of the Plaintiff is used without authorization to the sale of “Deep State Dunce” coffee cups and tote bags on RedBubble.COM. (see Gautier v. Pro-Football, 278 App. Div. 431, 434-435, aff’d. 304 N.Y. 354).