Suing Captain Screwloose (Stephen Barrett) – It Has Always Been an “Alter Ego” Case…

Stephen Barrett, and Quackwatch, Have Always Been Just the Figurehead.  The Judgment Money Will Be Seized Elsewhere – from the Cabal.

There is no question that Stephen Barrett, Quackwatch Inc, and the National Council Against Health Fraud (NCAHF) are going to lose the Doctor’s Data v Barrett Federal Court Case.  It is a foregone conclusion.  There are only two real considerations for the Court to decide:  (1)  How much Actual and Punitive damages to award, and (2)  Who, specifically, is going to have their assets seized to pay the award.

Opinion by Consumer Advocate  Tim Bolen 

It is obvious when you look at what is happening behind the scenes in the case, that Barrett and the other Defendants have no Defense at all – and never did.

When you look at the fact that, right from the start, Doctor’s Data was looking for twenty million in damages, and Barrett, in his egomaniacal arrogance, after the lawsuit was filed, added MORE injury, you get a picture of what a Federal jury is going to be looking at.  More, history shows that courts do NOT like Stephen Barrett. On the stand he is his own worst enemy.

The strategy, all along, it looks to me, has been to sue, and name as the visible Defendants, that which the real cabal running the operation wants us to see.  Then, once the case is finished, and the visible Defendants lose, then comes the next process – Collection.  And with Collection comes the ability to IDENTIFY who the REAL Defendants are.

This is where the fun starts…

Besides Barrett himself, there appears to me to be four areas of Collection:

(1)  The individual Board Members of the National Council Against Health Fraud (NCAHF) – the original “Quackbusters“, I wrote about how BAD it is going to be for these people here.

(2)  The Board Members of Quackwatch (who have not yet been publicly identified),

(3) Those that make up the Alter Ego; Those within the cabal that colluded and conspired to create, and maintain, the support network (skeptics) driving Barrett’s sleazy articles to the top of the search engines (like google), and wrote similar, or supportive, articles, either on webpages, discussion groups, FaceBook, Twitter, or on Wikipedia.  And, those that engaged in online mobbing, utilizing (skeptic) collective narcissism, over the issue.

(4)  One, or more, of the attorneys involved in the attack on Doctor’s Data.

Defining “Alter Ego…”

According to the Los Angeles County Bar Association:

 “Code of Civil Procedure Section 187 allows a judgment creditor to file a noticed motion to amend the judgment to add a nonparty alter ego or successor as a judgment debtor. See generally, Farenbaugh & Son v. Belmont Const., Inc., 194 Cal. App. 3d 1023, 1027 (1987); Schoenberg v. Benner, 251 Cal. App. 2d 154, 164 (1967). This authority is typically utilized to add an additional judgment debtor on the grounds that an entity or person is the “alter ego” of the original judgment debtor. The theory is that the court is not really amending the judgment, but is merely inserting the correct name of the real defendant.  In order to add a judgment debtor under the “alter ego” doctrine, the moving party must show that there is such a unity of interest and ownership between the company and the alter ego defendant that their separateness no longer exists — there are a number of factors the court will consider in this regard.”

Defining “Cabal…”

From Wikipedia:

A cabal is a group of people united in some close design together, usually to promote their private views or interests in a churchstate, or other community, often by intrigue. Cabals are sometimes secret societies composed of a few designing persons, and at other times are manifestations of emergent behavior in society or governance on the part of a community of persons who have well established public affiliation or kinship. The term can also be used to refer to the designs of such persons or to the practical consequences of their emergent behavior, and also holds a general meaning of intrigue and conspiracy. The use of this term usually carries strong connotations of shadowy corners, back rooms and insidious influence.”

Defining “Collusion…”

According to Wikipedia:

Collusion is an agreement between two or more parties, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair market advantage. It is an agreement among firms or individuals to divide a market, set prices, limit production or limit opportunities.[1] It can involve “wage fixing, kickbacks, or misrepresenting the independence of the relationship between the colluding parties”.[2] In legal terms, all acts effected by collusion are considered void.[3]

Defining “Collective Narcissism…”

“collective narcissism–an emotional investment in an unrealistic belief about the in group’s greatness–aiming to explain how feelings about an ingroup shape a tendency to aggress against outgroups. The results of 5 studies indicate that collective, but not individual, narcissism predicts intergroup aggressiveness. Collective narcissism is related to high private and low public collective self-esteem and low implicit group esteem. It predicts perceived threat from outgroups, unwillingness to forgive outgroups, preference for military aggression over and above social dominance orientation, right-wing authoritarianism, and blind patriotism. The relationship between collective narcissism and aggressiveness is mediated by perceived threat from outgroups and perceived insult to the ingroup. In sum, the results indicate that collective narcissism is a form of high but ambivalent group esteem related to sensitivity to threats to the ingroup’s image and retaliatory aggression.”

Defining “Mobbing…”

“Mobbing in the context of human beings means bullying of an individual by a group in any context, such as a family, friends, peers, school, workplace, neighborhood, community, or online.

When it occurs as emotional abuse in the workplace, such as “ganging up” by co-workers, subordinates or superiors, to force someone out of the workplace through rumor, innuendo, intimidation, humiliation,discrediting, and isolation, it is also referred to as malicious, nonsexual, nonracial, general harassment.[1]

So What Happens During “Collection?”

Mayhem.  Some collection firms use ONLY people with tattoos on their faces.  More, you can charge the Defendant for the costs of collecting the judgment.  What fun that would be with Barrett and his greasy minions.  Click here to view how one of the milder collection firms operate.  Watch their videos.

Protecting the Assets to be Seized in “Collection…”

it is going to be easy to identify  the “Alter Ego” Defendants.  For instance let’s look at one of the devices used to crank Barrett’s articles up to the top rank on Google.  I have had a sample of how it’s done, provided to me by an internet Search Engine Optimization (SEO) expert.  Their trick is to provide “links,” and it is called “Link Farming.”  The information I describe is easily provided to a Judge.

There are several areas of law here to consider.  But, most important is to take a look at the area of law where it is common to set up as situation where assets are to be seized, and the Defendant wants to keep them – bankruptcy.  There, attorneys and Courts, are accustomed to discussions, Motions, orders, etc., with titles like “marshalling assets for collection,” etc. – in other words, setting up a situation where Stephen Barrett is prevented from destroying the Quackwatch websites rather than turning them over to Doctor’s Data intact.

Doctor’s Data’s attorneys are most likely going to have to ask for the Court’s assistance in this, threatening Barrett with a “Contempt of Court” finding (with jail time), should he devalue Quackwatch for Doctor’s Data’s new purposes.

But, there is one area, which, although, does not have seemingly great financial value, that is of paramount importance to Doctor’s Data, and they are going to want it.  It is going to be in the area of what’s called “Motions to prevent destruction of evidence that could be used in further litigation.”  That “Evidence” is an asset.  Very much so.

Barrett, and his cronies, were so in love with their operation they left an evidence trail a mile wide, with no concern that one day someone would follow that trail with a hangman’s noose in their hands, so to speak.  But, even a casual glance shows a glowing path towards the machinations of a cabal.  Besides the Quackwatch websites (there are twenty-two of them, I believe), the other internet presence of the conspirators are up for grabs, easily – like EVERYTHING managed by the “skeptics.”

EVERYTHING…

I imagine that Doctor’s Data’s contractor for “restoration” of Doctor’s Data’s reputation has already made a plan on how they plan to use Orac David Gorski’s blogs as their own.  The internet is based, whether the “skeptics” like it or not, in the US – under the jurisdiction of the US Courts.  It would be a simple thing to get a court order seizing ANY and ALL “skeptic” sites, anywhere in the world.  If, for instance, Doctor’s Data decide that Australian “skeptic” nitwit Peter Bowditch was part of the cabal, they could EASILY get an order taking over his internet names, websites, and probably even the thirty (30) fake identities he travels the internet with.  If they set up the legal attack right they could even get the “skeptics” permanently banned from the internet.

So the fun is just about to increase.  Couldn’t happen to a nicer guy… (sarcasm intended).

And I’ll tell you all about it as it unfolds.

Stay Tuned

Tim Bolen – Consumer Advocate