Good day, eh? Well today’s topic is all about claims of who wants to murder James McGibney (who we don’t like) and all of his stupid, pointy-headed, half-breed kids (his words), and where can you sign up?!
These children are in danger of sexual abuse!
Once upon a time, fakers posed as heroes and winners. Rosie Ruiz pretended to win the Boston Marathon. Richard Blumenthal said he served in Vietnam. And Frank Abagnale of Catch Me If You Can fame pretended to be a pilot and a doctor. Those were the good old days, when Willie sang about how his heroes had always been cowboys. Today, everyone wants to play the victim. It’s worth asking: Why?
The answer, of course, is a culture that rewards and honors them. If you can’t be a victim in real life, you can play one on the internet by pretending to be a member of a victimized class (see Rachel Dolezal and Elizabeth Warren).
Tawana Brawley, Morton Downey, Jr., Crystal Mangum, Ahmad Saad Nasim, Kerri Dunn, Meg Lanker-Simons, Dauntarious Williams, Anna Ayers, Adwoa Lewis, Nikki Yovino, Marquie Little, Nathaniel D. Nelson, Floyd Elliott, Julia Ezell, Nikki Joly, Jason Lee Van Dyke, and Jussie Smollett. If these names are not familiar to you, remember that Google is your friend.
What do these names all have in common?
They all participated in the creation of FALSE death threats, or FALSE hate crimes, or FALSE rape claims with themselves as the supposed victims. And now we can add the name James McGibney to the list of Hate Crimes Hoaxers. Seriously – 100% VERIFIED!!
ADMIN NOTE: Special updates at the bottom – and if you are Jason Van Dyke (or his father, Daniel Lee Van Dyke) you will not want to read any further!!
It has been our experience that activists like James McGibney (who we don’t like) are lying liars who lie. He puts out a lot of propaganda, he selectively edits, he exaggerates, and he makes stuff up. He feels the need to constantly draw attention to himself and his “cause” (which are one and the same). He does this for a living all day and he needs money.
And the only way to get people to donate money is by emotionally manipulating them with hysterical claims (i.e. McGibney’s constant claims of (1) death threats against him and (2) threats to rape his wife; or (3) rape him; or (4) rape his children; or (5) rape him, his wife and their children all at once together).
December 18, 2014
Unfortunately Some Random Person We’ve Never Heard Of Before reached out to the management of Go Fund Me and McGibney got hit with their Ban Hammer. CHECK IT OUT!
McGibney makes hysterical, emotional claims about why he needs money. Notice how he demonizes his “enemy”, American Hero & Honorary Admin of the BV Files Thomas Retzlaff, by calling him a “monster”, and a “pedophile, stalker, rapist, convicted felon”?
McGibney further claims that he is raising money on behalf of one of Retzlaff’s daughters, Brittany, and that he will be “donating a portion of the funds raised” to her.
James McGibney (who we don’t like)
And because there are only so many hysterical claims that you can make in life, you end up having to manufacture them. You have to put out false propaganda in order to get the money and in order to get the media attention.
In a May 2012 interview with the Las Vegas Sun newspaper announcing the start of his Cheaterville website, McGibney claimed to have received over 5,000 emails, many of them with death and rape threats.
In an October 2014 interview that appeared on Al Jazeera’s website, McGibney claims to be receiving death threats while in the middle of an interview with reporter David Kushner!
And then there was the time in February 2016 when McGibney claimed to a news reporter for the UK edition of Wired Magazine that he once opened his door to his home in Las Vegas find a man with a gun threatening to kill him!
Unfortunately, when Retzlaff contacted the Las Vegas police department to find copies of police reports about this alleged incident, there were no records to be found! Which makes perfect sense – after all, when a man with a gun shows up on the door step of your house (where your wife and children are at), you would never call the police, would you?
Yet another example of McGibney’s lies and hysterical claims is the so-called “Death Threat” that was posted on his website Bullyville.com back in early November 2013 by someone named Long John Silver.
After that was posted, McGibney went all over the media claiming that Neal Rauhauser (a person we’ve never heard of before Feb 2014) posted this and wants to kill him. See, e.g., http://theothermccain.com/2013/11/08/death-threats-after-bullyville-vows-to-put-neal-rauhauser-in-prison/.
November 8, 2013
However, interestingly enough, over time the supposed author of the post changed with yet another hysterical claim by McGibney that some violent felon from Texas is now wanting to murder him! And now McGibney is claiming that some guy named Jo Jo Camp is actually responsible.
The all knowing power of Bullyville
But McGibney is forgetting one very important fact. His website has comment moderation enabled. Meaning, that ALL comments posted to his site have to be manually approved by McGibney himself before they can be posted. Unlike this blog here in which anyone can post without moderation at all – as soon as you hit “enter” your comment appears. But for the Bullyville website, to make a comment a person is required to (1) register with the website itself; (2) create an account; (3) verify their email address; then (4) make a comment; which is then (5) approved or disapproved by McGibney – all before anything gets posted!!
In this example here, not only does McGibney claim to have the person’s IP address, but he has also claimed to have somehow resolved that IP address into an actual physical location and identified it as the wireless network at some hotel in Dallas – all within moments of this supposed death threat being made. And that he has further more, somehow, magically identified the identity of the specific person behind the open WiFi.
Perhaps he has his own real life version of Chloe O’Brian and Jack Bauer’s CTU working for him!!
The death threats are coming from this location….
Or perhaps, being the lying, piece of human garbage, scumbag that he is, James McGibney (who we don’t like) just likes to make shit up.
And what good does it do to have someone’s IP address? James McGibney’s lies notwithstanding, there is no way on earth that a regular person can resolve an IP address to a specific real life address. Not without being law enforcement armed with a subpoena or actually working for the ISP who owns the IP address.
So all of McGibney’s posting of little pictures of people’s homes with an IP address next to it is all BULLSHIT (to use a legal term we learned from Judge Judy).
May 2, 2013
While you can Geo-locate an IP address using Who-Is or something similar, all that gives you is a historical possibility and it only gives you a very broad geographical region or the name of a city.
IP addresses are dynamic, meaning they change often (unless it is an IP for a business account, which stays the same). So the IP that you get today could very well Geo-locate to some place halfway across the country, which what usually happens when I check my own IP. My ISP gives me a new IP every couple of days for the hell of it it seems. No clue why. It just does. And it has a retention policy of IP address assignments of only 60 days.
— Jo Jo Camp – Director of IT Support for the BV Files blog
Yet when we, your Admins of the BV Files, conducted our own check of that IP, we found something completely and totally different (big surprise, eh?). The IP resolves to a location several hundreds of miles away from Dallas and has NOTHING to do with Marriott hotels.
Granted, we are not all knowing, all seeing computer nerds / hackers who are members of that most feared group of nerds, Anonymous or something called The Rustle League (whatever the heck that is). We just did a simple Google search and used our best efforts to try to find out where these IP’s belonged to. (If someone can offer better information, by all means please use the Comments section below.)
FUN FACT: This is not the TV show “24” and there are no real life Chloe O’Brian’s working for McGibney!
So in a continuation of McGibney’s modus operandi of making hysterical claims in order to stir things up, he has filed AT LEAST four different lawsuits – in four different courts, in different places across America, all alleging that different people want to kill him, rape him, rape his wife, kill his wife, yadda yadda yadda. (For reasons further explained below, we call these lawsuits LOLsuits.)
In a January 27, 2019, news article, McGibney is quoted as claiming the following:
But where have we heard this exact same claim made before? Why it was made on the Twitter machine by none other than James McGibney (who we don’t like) wayyy back in May of 2014!!
May 13, 2014
Truer words have never been spoken. James McGibney (who we don’t like) is a sociopath – 100% VERIFIED! Don’t believe us? Just ask Denise Hollas, the ex-wife of Thomas Retzlaff. CHECK IT OUT!!
FUN FACT: An LOLsuit is a portmanteau from taking “LOL” (Laugh Out Loud) and combining it with “lawsuit.” Thus, an LOLsuit is a joke lawsuit, or a lawsuit that is a joke. Note that it is a very real lawsuit filed in a real court. But the premise behind the lawsuit, or the legal reasoning expressed therein, is a total joke (i.e. makes one LOL when reading it). It was first used by a friend of the BV Files who goes by the Twitter handle @rchPr1357 back in 2014.
For those of you new to BV Files, here is a guide to help you understand the players, who we don’t like, and why:
- ViaView, Inc. is a company incorporated in Delaware that is owned by seven guys involved in the construction industry in Las Vegas, Nevada.
- Cheaterville.com is a revenge porn site that is run by ViaView. On Cheaterville people can post intimate photos and personal details about their ex-. If you find yourself posted on Cheaterville, you will be forced to pay them $199 (or more!) if you want to ransom back your photos and get the post removed.
- Bullyville.com is a hate speech / bullying website that is run by ViaView. While on the surface the website looks innocently enough, if you just barely scratch the surface by looking in its Articles section you will find some of the most vile and ugly hate speech one could ever imagine.
- James Alexander McGibney. He is born in Oct. 31, 1973, from the town of Monroe, NY, who lives in San Jose, CA, and is married to Christina Orduna McGibney (born in June 12, 1981 in the SF-Bay area), with whom he has three small boys with. He is a liar, a thief, and a criminal – seriously. He has falsely claimed to having an Executive Education from Harvard Business School. He does have a FAKE college degree from Chadwick University, a well known diploma mill since shut down by the Govt., and has filed for Ch. 7 bankruptcy at least twice in recent years.
The owners of ViaView consist of the following individuals:
- Dave Suder – West Coast President/CEO of KHS&S Contracting, who is also on the Board of Regents for Servite Catholic High School in Anaheim, CA. His son David Stone Suder is currently on trial in Orange County, CA for multiple counts of child rape involving VERY YOUNG CHILDREN set to begin in October 2016!
- Mark Caspers – Senior Partner & CEO at Las Vegas based Integrated Capital & Development Solutions (ICDS).
- Michael T. Carr – a man who calls himself “The Profit Prophet” (bet he didn’t see this coming?) and who is currently in hiding from his wife’s divorce lawyer.
- Wayne P. (Pat) Hibbs – Senior Vice President at Ledcor Construction Inc. in Las Vegas.
- Nikolas (Nick) Mamula – owner of a Las Vegas pre-fabricated stone products & tile company called T. Nicholas Co.
- Scott Corey Ryan – a lawyer licensed to practice law in Arizona, Illinois, and Nevada who is employed as Senior Vice President & General Counsel for Tutor Perini Building Group in Phoenix, AZ.
- James McGibney – serial resume fraudster & deadbeat with TWO Chapter 7 bankruptcies under his belt.
We can see how Jussie was confused about their race. They’re the spitting image of Ritchie Cunningham and Potsie Weber
Now as you all know from watching years of Law & Order on TV, the credibility of the complainant is always vital in the successful prosecution of a case. If the so-called victim is not credible, the case is sunk. In the case at hand, JAMES MCGIBNEY HAS NO CREDIBILITY BECAUSE HE IS A SERIAL RESUME FRAUDSTER AND A LIAR. Seriously.
As our long time readers know by now, we here at the BV Files were the very first to reveal the fact that James McGibney (who we don’t like) has a FAKE college degree. Yes, you heard us right. James McGibney has a totally fake college degree that he bought from Chadwick University, a well-known diploma mill shut down by the state of Alabama in 2007. See the proof here:
For further information about Chadwick “university”, please go here:
http://www.tuscaloosanews.com/article/20070211/NEWS/702110399/-1/Category=TL20 and http://en.wikipedia.org/wiki/Lloyd_Clayton,_Jr.#Chadwick_University
Here we can see McGibney proudly displaying his Chadwick University “degrees” to the world at large in a biography written about him by Business Week magazine!
In an extreme example of lulz, once McGibney got called out on his lies here on the BV Files blog, he immediately contacted Business Week to have them removal ALL traces of his educational “credentials”.
In yet another example of FRAUD, James McGibney (who we don’t like) has made repeated claims in the media and with his employers about having an Executive Education from Harvard Business School. See, e.g, his bio from his former employer Rudolph & Sletten right here:
Some companies do a very poor job in screening their job candidates.
You can also read a news interview in which McGibney (who we don’t like) makes the same Harvard claim. “James holds a Master’s degree from Boston University and attended Harvard Business School for his executive education.”
However, we have since learned that McGibney’s “Executive Education” consisted only of attending a three-day seminar that is open to the public in which various business big wigs talk about how great they are. Here is what you get for your $8,000 price of admission: A fancy certificate that says Harvard on it!
You know who else went to Harvard and got himself an “Executive Education”, too?? CHECK IT OUT!!
— Some Random Person We’ve Never Heard Of Before
I gots me a Harvard Executive Edumication, too, Jimmy! Along with this cool Harvard coffee mug, Harvard sweatshirt, and Harvard hat!!
In yet another example of serial fraud committed by James McGibney, McGibney has now taken to the Twitterverse to defend himself from this allegation of having a FAKE college degree by saying that he actually does have a real 4-year degree from a real school. He claims that he has a Bachelor of Science in Criminal Justice from Colorado Technical University (which is basically an online college with a small physical campus in Colorado Springs, CO. (http://www.coloradotech.edu/)).
The problem for McGibney (who we don’t like) is that he just cannot help himself with his lying lies! Even when he is telling the truth (which he very well maybe here), he just shows what lies his earlier statements were!! Said statements being his claim to having a degree in Micro-Computer Technology from CTC (which is the former name of CTU) which he proudly displays on his corporate CV.
NO, JAMES MCGIBNEY, YOU DO NOT HAVE A DEGREE IN MICRO-COMPUTER TECHNOLOGY! THAT IS A COMPLETE AND UTTER LIE! YOUR DEGREE WAS IN CRIMINAL JUSTICE.
So now that we have established that James McGibney is a lying liar who lies and, thus, has ZERO credibility, let us address the claim of “death threats” and how it is actually an example of Protected Speech (assuming that this “threat” was even made by one of the McGibney defendants and not, as we believe, by McGibney himself).
Please just keep in mind that this legal “advice” is completely marginal, at best, and is only worth what you paid for it. For all you know, the person behind this post could be a drunken chicken pecking away randomly on someone’s unattended laptop!
Nothing substitutes for the advice of a lawyer YOU paid for.
For those of you that have not been paying attention, starting on February 19, 2014, James McGibney (who we don’t like) filed a series of lawsuits in state and federal courts all across the country (which we here at the BV Files like to call LOLsuits) against EVERYONE who has ever had anything negative to say about McGibney, or who has ever disagreed with McGibney.
Specifically, Plaintiff James McGibney is the CEO of plaintiff ViaView, Inc., and the founder and operator of ViaView’s controversial websites www.bullyville.com, www.cheaterville.com, and at least six others. McGibney uses the websites to (i) punish behavior he finds morally repugnant; and (ii) prosecute vendettas against his personal enemies. Visitors to McGibney’s www.bullyville.com will find the page emblazoned with what could be fairly described as McGibney’s business philosophy: “Sometimes you have to be a bully to beat a bully.” One journalist has compared what he called McGibney’s “anti-bullying crusading” to “old-fashioned vigilantism.”
A frequent victim of McGibney’s “vigilantism” is defendant Thomas Retzlaff, who has been called a “rapist” and a “pedophile” by name on www.bullyville.com. McGibney claims it is “100% verified” that Retzlaff “threatened to rape [his] own daughter.” Another victim is defendant Neal Rauhauser, who has suffered years of personal attacks by McGibney and his group of internet vigilantes against both himself and his family. It is hardly surprising, therefore, that Retzlaff, Rauhauser, and many others allegedly participated in criticizing plaintiffs’ unsavory tactics.
To chill and suppress the defendants’ right to do this, plaintiffs sued defendants – three times in two states. The Texas LOLsuit is one of three “SLAPP” suits plaintiffs filed within four weeks and simultaneously maintained against Retzlaff, Rauhauser, and other defendants in courts in Texas and California pleading substantially the same facts:
- Cause No. 067-270669-14; McGibney v. Retzlaff; in the 67th District Court of Tarrant County, Texas (filed February 19, 2014);
- Cause No. 5:14-CV-01059-BLF; McGibney v. Retzlaff; in the U.S. District Court for the Northern District of California (filed March 6, 2014); and,
- Cause No. 1-14-CH-005460; ViaView, Inc. v. Retzlaff; in the Superior Court of Santa Clara County, California (filed March 17, 2014).
First off, in these LOLsuits, McGibney & ViaView give just four specific statements vaguely alleged to have been made by “Retzlaff and other Defendants:”
- “I am simply amazed that this this BullyVille guy, James McGibney, is still alive. If I was listed on his website, I would put a bullet in his head. It’s as simple as that. His home address has been posted online. And he makes scheduled public appearances. One of these days James is going to post the name of the wrong guy and it will cost him, and his family, their lives.” (See the Long John Silver “threat” posted above)
- “I would like to bury a hatchet right in [McGibney’s] f_cking damn face.”
- “It will be really funny seeing someone post pics of your wife Christina when she is shopping at Smith’s with ur two kids.”
- “I have Twitter and a little bit of me dies everytime (sic) I log in. I want to kill most people. Starting with Bullyville. Fuking damn cesspool.”
So to get our story started: One Upon A Time, on February 19, 2014, plaintiffs James McGibney and ViaView, Inc. sued 10 defendants for $1,000,000.00 each for at least 11 overlapping but separately-denominated claims—several of which do not appear to be recognized civil causes of action:
- Defamation; (Plaintiffs’ Original Petition, ¶ 17.)
- Defamation per se; (Id.)
- Business disparagement; (Id., ¶ 20.)
- Intentional infliction of emotional distress; (Id., ¶ 19.)
- Tortious interference with “business relationships;” (Id., ¶ 20.)
- Harassment; (Id.)
- Stalking; (Id.)
- Blackmail; (Id.)
- Extortion; (Id.)
- “Gross negligence per se in violation of Texas Penal Code sections 22.07, 42.07, and 42.072;” and (Id., ¶ 21.)
- “Unlawful verbal acts.” (Id., ¶ 22.)
PRO TIP: Texas Penal Code §22.07 is an assaultive offense captioned “Terroristic Threat” of which intent to “place the public or a substantial group of the public in fear of serious bodily injury,” inter alia, is a required element. TEX. PENAL CODE §22.07(a)(5). TEX. PENAL CODE §42.07, captioned “Harassment,” also requires intent. TEX. PENAL CODE §22.07(a). There is no provision for a private cause of action under these statutes. Furthermore, it is unclear how a person could “negligently” violate a penal statute of which intent is a required element.
*** CLICK ON IMAGE TO VIEW ON YOUR MOBILE DEVICE ***
McGibney vs The Internets - Texas Lawsuit
Assuming that McGibney & ViaView (each, individually) have the required “clear and specific evidence” linking a specific LOLsuit defendant to the alleged statements – as opposed to a different LOLsuit defendant – in construing the anti-SLAPP Act liberally (both the California version and the Texas version), these allegations clearly fall within the scope of the SLAPP Act because they are based on, related to, or in response to a communication made by one of the LOLsuit defendants on a matter of public concern (again, assuming it wasn’t McGibney himself who made these statements). A “matter of public concern” includes “an issue related to a public figure.” Because there can be no doubt that McGibney is a “public figure”. Even McGibney himself doesn’t disagree with that. In fact, he specifically claimed Public Figure status in his infamous Hunter Moore lawsuit in Las Vegas in this affidavit that McGibney filed by an “expert witness” during his hearing on damages after getting a default judgment against Moore, who never bothered to show up for court!
affidavit of McGibney’s expert Colleen Connally-Ahem, Ph.D., at paragraph 7
In McGibney’s LOLsuits and in the San Jose restraining order request lawsuit, plaintiffs McGibney and ViaView allege that one of the LOLsuit defendants, “is a blogger” who “terrorizes individuals online” and has tried to “destroy” plaintiff Via View, Inc., by “posting death threats” and “engaging in other misconduct.” [How a defendant could make a “death threat” against a corporation is never explained.] Plaintiffs vaguely allege that the threats have been made “by Retzlaff and [nine] other Defendants,” who have “joined with Defendant Retzlaff in .. . cyberstalking, cyber-terrorism, defamation, and harassment.”
So now we get to the question, How Hateful Can Comment About a Public Figure Be Without Losing Constitutional Protection? The answer: There is no visible limit. The right to criticize public figures harshly – even cruelly and unfairly – is one the framers of the First Amendment used with relish. For example, in the presidential election of 1800, one political opponent wrote in the “blogs” of his day that incumbent president John Adams was “old, querulous, bald, blind, crippled, [and] toothless.” An operative hired by Thomas Jefferson, who was challenging Adams for the presidency, added:
In retort, the Adams camp called Jefferson “a mean-spirited, low-lived fellow, the son of a half-breed Indian squaw, sired by a Virginia mulatto father.” Jefferson’s and Adams’ comments were both probably “designed to inflict as much emotional distress and anguish” upon each other as possible – just as plaintiffs McGibney & ViaView in these LOLsuits and TROs specifically accuse these defendants of doing. This is not actionable. Here is why: “Public figures” are not limited to those who, like Jefferson and Adams, hold public office. See Hustler Magazine, Inc. v. Falwell, 485 U.S. 46, 48 (1988).
In California (like Texas), to classify a person as a public figure, the person must have achieved such pervasive fame or notoriety that he becomes a public figure for all purposes and in all contexts. Someone who voluntarily seeks to influence resolution of public issues may also be considered a public figure in California.
But in addition to being a public figure, McGibney could also be classified as a limited purpose public figure, which is a person who voluntarily injects himself or is drawn into a particular public controversy. It is not necessary to show that he actually achieves prominence in public debate; his attempts to thrust himself in front of the public is sufficient. Copp v. Paxton, 52 Cal.Rptr.2d 831, 844 (Cal. Ct. App. 1996).
But even if McGibney himself is not a public figure or a limited purpose public figure, his claims are still doomed.
In its first major free-speech decision of the 21st century, the U.S. Supreme Court extended the protection of free speech even further in Snyder v. Phelps, 131 S.Ct. 1207 (2011). In Snyder, the court held for the first time that the target of the offensive speech did not have to be a public figure for the speech to be protected. Id. at 1228 (dissent by Alito, J.). Snyder involved Rev. Fred Phelps, whose Westboro Baptist Church of Topeka, Kansas, believes God hates and punishes the United States for tolerating homosexuality, particularly in the military. Id. at 1213. The church frequently communicates its views by picketing, often at military funerals. Marine Lance Corporal Matthew Snyder was killed in Iraq in the line of duty. Snyder’s funeral was at the Catholic church in the Snyders’ hometown of Westminster, Maryland. At the funeral, Phelps and his family members carried signs that read “Fag Troops,” “God Hates Fags” “Fags Doom Nations” “America is Doomed” “Pope in Hell” and “Priests Rape Boys.” Id. and at 1216.
The Snyder court vacated the damages award to the dead soldier’s father for intentional infliction of emotional distress, holding that Phelps’ speech was protected by the First Amendment – even though the Snyders were not public figures and had never sought publicity. The Snyder court found Phelps’ speech to be on “matters of public concern” – speech that “occupies the highest rung of the hierarchy of First Amendment values, and is entitled to special protection.” Id. at 1215 [citation omitted].
It is impossible to conclude that a court constrained by Snyder’s precepts could find that any of the LOLsuit defendants’ speech is anything other than constitutionally protected comment on McGibney’s controversial websites.
Additionally, we would like to point out that the U.S. 9th Circuit Court of Appeals has recently GREATLY expanded anti-SLAPP protection by raising the bar for parties seeking to defeat a California anti-SLAPP motion in a U.S. District Court in the case Makaeff v. Trump University, LLC, 736 F.3d 1180 (9th Cir. 2013). A important part of that appeal was the 9th Court’s reaffirmation of its previous decision in United States ex rel. Newsham v. Lockheed Missiles & Space Co., (9th Cir. 1999) 190 F.3d 963, which allowed the application of state anti-SLAPP statutes in federal court!
In Makaeff, the Ninth Circuit concluded that vigorous use of online media to post complaints or advertise can raise a businesses’ burden in opposing an anti-SLAPP motion by transforming the business into a limited purpose public figure and therefore required Trump University to demonstrate it could establish by clear and convincing evidence that Makaeff made her allegedly defamatory statements with actual malice. In reaching this conclusion, the Ninth Circuit aligned itself with the Third and Fourth Circuits, concluding that “large-scale, aggressive advertising can inject a person or entity into a public controversy that arises from the subject of that advertising. And in so doing, they become limited purpose public figures.” Thus, in our opinion, McGibney’s and ViaView’s actions in aggressively injecting themselves into the public controversy surrounding bullying, infidelity, and revenge porn has transformed them into limited purpose public figures.
Relying on Cal. Civ. Proc. Code section 425.16(e)(4), the Ninth Circuit agreed that Makaeff made her Internet postings and wrote her letters in connection with an issue of public interest, thus granting her anti-SLAPP motion.
Yes, we are all super proud of Jussie for speaking out!
By focusing on Trump University’s advertising campaign as the basis for determining its limited public figure status, the Ninth Circuit expressly rejected the California Supreme Court’s reasoning in Vegod Corp. v. American Broadcasting Cos., 25 Cal.3d 763 (1979), and other California cases holding that aggressive advertising of a message involving a public controversy cannot render an entity a limited public figure.
So McStupid, how is what Makaeff did in making her complaints and feelings known about Trump University any different than what you have alleged the defendants in your LOLsuits did – which was complain to your advertisers and online about your business practices? Answer: It’s not.
Hey, McGibney! If you’re not a Public Figure, then why have you had a Hollywood Public Relations company working for you for the past FOUR YEARS?
SO WHY DID MCGIBNEY FILE ALL OF THESE LAWSUITS?
So back on February 19, 2014, McGibney & ViaView filed their first LOLsuit in Texas, probably thinking that they have scared The Internets into submission so they will trouble McGibney & Company nevermore, and there shall be no further disagreement with all things McGibney throughout the length and breadth of the interwebz, and all shall love Kate Gosselin as much as little Jimmy boy does!
But (and there’s always a “but’ isn’t there?), but McGibney and his revenge porn ViaView buddies failed to take into account the level of not just anger towards them, but outright HATE – and we mean hate to the bone. And, thus, a White Knight appeared on the horizon by the name of Neal Rauhauser (a man, we want to make absolutely clear, we never heard of before these LOLsuits and who has ZERO control or association with this website) who decided that he was mad as hell and wasn’t going to take it anymore! Or Rauhauser could have been someone’s proxy?
Value of Bullyville.com as of July 24, 2016
FUN FACT: In the case at hand, while American Hero and Honorary Admin of the BV Files Thomas Retzlaff was a part of the Texas LOLsuit, he isn’t actually a party since McGibney dismissed the case against him as soon as American Hero and Honorary Admin of the BV Files Houston, TX attorney Jeffrey Dorrell stepped in an filed an anti-SLAPP motion for sanctions. But that still does not prevent him from taking certain actions behind the scenes, right Jimmy?
What does McGibney’s ace attorney, Evan Stone, have to say about this?
A reasonable trier of fact would conclude that Thomas Retzlaff was 1) the motivating force behind this litigation, 2) an active participant in this litigation, and 3) intimately involved with opposing counsel Dorrell in the handling of this litigation.
Now many people want to claim that there is some kind of secret, behind the scenes conspiracy here in which Rauhauser is being used as a front man or stalking horse by an alleged wealthy member of a murderous prison gang and his supposedly gay Republican / Big Oil lawyer friend (who also happens to be the top First Amendment lawyer in Texas). We totally do not wish to spread any kind of unfounded and made‐up rumors, so we won’t. But wouldn’t it be funny if it were true (not that McStupid would ever be able to find out – lol)?
Head Office location for RTC Holding Company, LLC PO Box 141 Rarotonga, Cook Islands
KEEP IN MIND that I am not Thomas. We are not Thomas. We are sure that there is a Thomas (somewhere), and that he might have said some mean things on the interwebz, but he is not me, and I am not him, and he is not us. Nor are we Neal Rauhauser, JoJo Camp, Lane Lipton, Lora Lusher, Sue Basko, or Jeff Dorrell (all people whom McGibney has FALSELY accused us, the Admins of the BV Files, of being in his various court filings in both state and federal courts all across the country). A lot of people around the world HATE James McGibney and his revenge porn / blackmail company ViaView.
Claim made by McGibney in his federal lawsuit
Claim in pleading filed by McGibney in the federal court lawsuit against Retzlaff
*** POSTED BY MCGIBNEY ON HIS BULLYVILLE WEBSITE ***
Why did McGibney choose to pick a fight against a man who he simply cannot intimidate? Cuz he’s a dumb ass and, you know the old saying: Evil always over plays its hand.
FACTS ABOUT THE GRAND CIVIL CONSPIRACY:
Judge Judy always asks three big questions (in various ways) when trying to get to the truth of a story:
• What else must be true for this to be true?
• What if things had gone a little differently?
• What’s really going on here?
If McGibney’s story were true, nine strangers of wildly varied ages, political orientations, social-economic backgrounds, computer abilities, and genders – all scattered across North America – somehow “found” each other on the internet, trusted one another enough to start committing a series of “horrific” criminal acts – all in conjunction and in tight coordination with each other, with the express purpose being to Take Out Bullyville!
What else must be true for this story to be true? Each of these nine people who knew what happened to McGibney must have valued his or her own interest above the principle that people should not commit crimes and harm one another.
Serious crime and conspiracy is abhorrent to people. There are men and women who are exceptions to this rule, who have no compunction against criminal acts, but they are few and far between, and they don’t advertise the fact — talking about it could be lethal to their freedom — so the odds against finding nine of them in one room outside of a prison are slim.
What if things had gone a little differently? is a truth-seeking question to ask when the story involves a deliberate plan or conspiracy. The more ways the plan could have gone wrong but didn’t, the more likely it is that the plan or conspiracy was fabricated after the fact by the supposed “victim” (in this case, James McGibney).
For the imaginary group’s imaginary plan to succeed, a thousand things had to go just right; if any one of them had gone even a little bit wrong they would have landed in prison. Their plan depended on (among other things):
◾None of the conspirators getting cold feet during the planning stages;
◾All of the conspirators keeping their secret, not spilling the beans while drunk or remorseful;
◾McGibney not calling the police while the IP information and physical evidence was still “fresh”;
◾All of the conspirators being computer literate and having really good skills so as to ensure there being no ADMISSIBLE evidence for the police or courts (as opposed to McGibney’s FAKE “evidence” and wildly speculative conjecture);
◾A lawyer in TX willing to throw away his multimillion dollar Big Oil law practice to help out by committing a bunch of felonies;
◾Everyone of the nine working together and not getting tired or bored or wandering off to do other things instead;
◾The conspirators not rolling over on each other when threatened with prison time by McGibney’s e-Thugs and drug addict lawyer; and
◾McGibney not telling his story to a competent lawyer, who could then easily set things to rights once again.
There are two explanations for how this plan succeeded so well for two years.
1. Either the conspirators walked between raindrops; or,
2. The death threats, defamations and such never happened.
The second explanation is the most likely.
The third question, What’s really going on here? sets the allegations against known facts, verisimilitude, and plausibility, and finds the most probable explanation. “What’s really going on here?” led the TX lawyer and a certain vexatious litigant to evidence that McGibney, the supposed victim, had fabricated death threats and computer “evidence” many times in the past and that he had some kind of Option agreement with Warner Brothers that was coming up and, thus, he needed some quick PR to get ‘over the hump’ so his show would get picked up.
2nd Amend. Complaint in McGibney’s lawsuit against Retzlaff
Just like what McGibney did with his Hunter Moore LOLsuit, which helped get him all sorts of free publicity and his face on lots of stupid TV shows.
“What’s really going on here?” led people to the conclusion that this Texas LOLsuit filed on February 19, 2014, was just an opening salvo in an upcoming McGibney PR blitz and, thus, it needed to be SLAPPed down and SLAPPed down hard. “What’s really going on here?” caused people to figure out that McGibney was lying about everything – to include his claims as to how Brittany (TR’s daughter) ended up on McGibney’s revenge porn website.
This IP address really belongs to Fire Station #47 of the Dallas, Texas, Fire Department – see http://www.dallasfirerescue.com/fire_station47.html
Our three questions —(1) What else must be true for this to be true?, (2) What if things had gone a little differently?, and (3) What’s really going on here? didn’t lead us, the BV Files Admins, all the way to what now appears to be the truth — that McGibney was lying about Brittany and her Cheaterville post, and lying about the death threats, so as to generate publicity for a hoped for TV / movie deal with Warner Brothers and others — but each led us in the right direction and made us disbelieve the story as outlined by Leiderman and McGibney.
From April 8, 2014, hearing on temporary restraining order
Here is a very interesting article that helps explain the psychology of those like McGibney, Smollett, and Van Dyke who make bogus claims of death threats and stalking and harassment.
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Crying Wolf by Laird Wilcox
Your advertisers have abandoned you. Your investors have abandoned you. And your reputation has been utterly destroyed, James McGibney. No one will touch you with a ten foot pole. You’re toast, dude, so give it up!
— Some Random Person
For years James McGibney and his revenge porn / blackmail company ViaView have sought the spotlight. But McGibney needs to remember something very, very important: For a man in his position, the spotlight can turn into an interrogation lamp pretty damn fast!
THIS HEADLINE WILL NEVER NOT BE FUNNY….
A February 1, 2019, newspaper headline from the FAKE NEWS media.
Trump Jr. liked and retweeted posts by people who have suggested that the reported attack early Tuesday in Chicago could be a left-wing hoax, perpetrated by a Hollywood celebrity who has been outspoken in his opposition to Trump’s presidency
— Quote from the liberal, fake news San Jose Mercury News article
When Smollett said he had been the victim of a hate crime, progressive writers and politicians immediately began “working the refs,” taking to Twitter to shame law enforcement and journalists for using supposed weasel words like “alleged” or “racially charged.”
And now here we are:
AND NOW FOR SOME UPDATES….
Daniel Lee Van Dyke has some explaining to do – seriously!
The fact that he studies “sex chromosome abnormalities” is especially telling and likely helps explain why Jason turned out the way that he has – Jason Lee Van Dyke is a genetically defective human being!
Oh, and this is pretty funny, too:
VAN DYKE IS NOT READY FOR TRIAL….
MORE TROUBLE FOR VAN DYKE
and more on this later (and, yes, we will be posting the audio recordings as soon as Admin Mike gets done smoking his “medical” marijuana and figures out how to use the new WordPress Audio Plug In.
So while Van Dyke is busy preparing for his upcoming criminal trial, where in the world is our American Hero & Honorary Admin of the BV Files??
11,510 feet is pretty fucking high up!
Looking down the mountain
Looking up the mountain
AND LOOK WHO DROPPED BY….
A drug addict and a drunk / crazy bitch with mental problems. Guess which is which and win a new car!
AND WHERE IS OUR AMERICAN HERO & HONORARY ADMIN OF THE BV FILES NEAL AT?
We guess he also likes to get high, too. Just not 11,510 feet worth of high!
WHY IS THE FBI INTERESTED IN VAN DYKE’S RELATIONSHIP WITH TRENT HACKNEY???
Courtesy of Dallas County (Tex) Sheriff’s Office
As you will recall, Van Dyke was recently arrested by a joint Dallas FBI domestic terrorism / local police task force for making threats to murder American Hero & Honorary Admin of the BV Files Thomas Retzlaff, along with Denton City Councilperson Deborah Armintor. According to sources close to the investigation (which do NOT consist of the voices in our head), Retzlaff and his attorneys met with FBI agents in Dallas, Texas, last week. One of the topics of questioning involved a man named Trent Allen Hackney and who he is.
According to our sources, neither Retzlaff or his attorneys had ever heard the name before. Which got us wondering – who is Trent Hackney??
Trent Hackney is a drug addict (100% VERIFIED) and a convicted felon (100% VERIFIED), and his works for accused pedophile Allen Humphris at Tucker, Albin & Associates – 100% VERIFIED!!
William Allen Humphris
Trent now goes by the name “Trent Austin”, but he still uses the same Linked-In profile that he created under his legal name: https://www.linkedin.com/in/trenthackney
As our longtime readers will recall, Nazi attorney Jason Lee Van Dyke has a long and well documented history of engaging in witness intimidation and retaliation (for which he was just arrested last month). Van Dyke is the attorney of record for Tucker Albin & Associates and, according to the FBI, he is good friends with Trent Hackney. He even has assisted Hackney in threatening a witness in an earlier criminal case. CHECK IT OUT!!
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DC-13-07079 - Original Petition
In an interesting twist, it turns out that this woman, Marion Griltz, is actually a victim of Hackney’s felony criminal misconduct and Jason Van Dyke is trying to threaten and scare her from testifying against his friend and co-worker, Trent Hackney!!
Van Dyke filed a defamation lawsuit against Hackney’s ex girlfriend weeks after she went to police to intimidate her into not testifying. Ironically Van Dyke’s client’s favorite tactic was revenge porn.
Hackney was stalking and trying to kill her. According to the Dallas police, he made it so when anyone Googled his ex girlfriend’s name it was the most graphic porn of her imaginable. (Though since we have not seen the pics, we cannot be sure of this claim.)
It ruined her career.
But Hackney still couldn’t let go and was employed as CTO at Tucker Albin & Associates, which meant Allen Humphris let him do meth and play with computers all night in the office.
He caught 3 felonies stalking this woman and ended up going to prison and admitted it all. He’s now a blogger and “born again” Christian (whatever that is). It was so bad the Dallas Morning News got involved: https://www.dallasnews.com/news/news/2014/02/16/saying-she-s-a-victim-of-revenge-porn-dallas-woman-fights-to-get-online-images-removed
FELONY WITNESS RETALIATION
FELONY AGGRAVATED ASSAULT W/ DEADLY WEAPON
Do you recall that Van Dyke likes to claim that he is against revenge pornography? Well, that turns out to be a total lie. In fact, Jason Lee Van Dyke – and his friend Trent Allen Hackney – are big supporters of revenge porn!!! Both Van Dyke and Hackney posted nude, sexual photos and videos of this woman all over the internet – and guess what his favorite website was for the posting of revenge porn!!!
Check out page 4 of this document to find the answer:
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Trent Hackney - Judgment- Case F1371353 - 8-21-2013
So why do you think the FBI was asking questions about Van Dyke and Trent Hackney to our American Hero? Right now, that answer is a mystery. BUT STAY TUNED!!
By the way, despite how we (and you) are cheering on the FBI investigation into Nazi attorney Jason Lee Van Dyke and his co-conspirators, we still have zero respect for the FBI. Don’t believe us? Just look at our Commander in Chief and see what he says!
FBI agent Peter Strzok was finally fired Aug. 10, 2018, after more than a year of intrigue surrounding his bias against President Donald Trump.
He joins more than two dozen other top FBI and Department of Justice (DOJ) officials who have been fired, demoted, or resigned in the wake of investigations of the 2016 presidential election—in yet another confirmation that the DOJ/FBI swamp is being drained.
The once-respected Federal Bureau of Investigation was compromised by politically motivated insiders, including James Comey, Andrew McCabe, Strzok, and many others. As more evidence of corruption comes to light, their schemes have rapidly begun to unravel. Such schemes included the exoneration of Hillary Clinton for her illegal email practices, the stonewalling of the separate investigation of the Clinton Foundation relating to Uranium One, and the FISA (Foreign Intelligence Surveillance Act) investigation of Trump associates that’s known as “Spygate.”
Much ink has been spilled in detailing the machinations of Comey, McCabe, Strzok, and Lisa Page, as well as other former DOJ officials such as Loretta Lynch, Sally Yates, and Bruce Ohr.
Shockingly, Ohr’s wife, Nellie Ohr, worked for the Clinton-financed Fusion GPS—the firm behind the infamous anti-Trump dossier.
There appears to be an obvious conflict of interest demonstrated by Nellie Ohr’s work for Fusion GPS, which paid for the dossier, while her husband worked for the DOJ and was involved in the dossier investigation. Bruce Ohr then passed this “research” to the FBI, where Comey, McCabe, Strzok, and others used its “salacious and unverified” findings to obtain a controversial FISA warrant to spy on Trump associates.
Text messages between Strzok and his paramour, former FBI lawyer Lisa Page, were first revealed last year and exposed Strzok’s and Page’s political biases, repeatedly vilifying candidate Trump and his supporters. In one message, Strzok called Trump an “idiot.” Other messages referred to Trump as a “menace” and a “douche.”
Strzok famously denigrated average American voters when he claimed he could smell the Trump support after a visit to Walmart.
In any event, the firing of Strzok was long overdue in our opinion. Despite frequent characterizations of him as just a “lowly FBI agent,” Strzok was a big fish. Seriously –100% VERIFIED!!
In June, the Inspector General of the DOJ released a blistering, 568-page report documenting the FBI’s handling of the investigation into Clinton and her use of a private email server while she was secretary of state. (Click on the embedded hyperlink above to check out the entire report!)
While the report offered no “documentary evidence” of Strzok’s political bias, it did say his conduct “cast a cloud” over the entire investigation; He was escorted from the FBI building and stripped of his security clearance shortly after its release.
And you wonder why the American people have such utter contempt, if not outright hate, for the FBI and other Deep State government employees! Which is totally sad because it used to be that only anti-Government conspiracy nuts used to hate the FBI. But now all one has to do is look and see what the President of the United States of America has to say in order to have these anti-FBI / anti-DOJ feelings completely validated!
Strzok now joins the ranks of more than 25 FBI and DOJ officials who have been forced out—largely in disgrace!!!
Your tireless Admins at the BV Files have compiled a list of the notable Trump-era firings, demotions, and departures:
- James Comey, director (fired)
- Andrew McCabe, deputy director (fired)
- Peter Strzok, counterintelligence expert (fired)
- Lisa Page, attorney (demoted; resigned)
- James Rybicki, chief of staff (resigned)
- James Baker, general counsel (resigned)
- Mike Kortan, assistant director for public affairs (resigned)
- Josh Campbell, special assistant to James Comey (resigned)
- James Turgal, executive assistant director (resigned)
- Greg Bower, assistant director for office of congressional affairs (resigned)
- Michael Steinbach, executive assistant director (resigned)
- John Giacalone, executive assistant director (resigned)
- Sally Yates, deputy attorney general (fired)
- Bruce Ohr, associate deputy attorney general (twice demoted)
- David Laufman, counterintelligence chief (resigned)
- Rachel Brand, deputy attorney general (resigned)
- Trisha Beth Anderson, office of legal counsel for FBI (demoted or reassigned*)
- John P. Carlin, assistant attorney general (resigned)
- Peter Kadzik, assistant attorney general, congressional liaison (resigned)
- Mary McCord, acting assistant attorney general (resigned)
- Matthew Axelrod, principal assistant to deputy attorney general (resigned)
- Preet Bharara, U.S. attorney, SDNY (fired along with 45 other U.S. Attorneys)
- Sharon McGowan, civil rights division (resigned)
- Diana Flynn, litigation director for LGBTQ civil rights (resigned)
- Vanita Gupta, civil rights division (resigned)
- Joel McElvain, assistant branch director of the civil division (resigned)
We here at the BV Files hope and pray that the swamp really will be drained and that innocent people will again be free to libel and issue ‘death threats’ all in the name of FREE SPEECH!
Such as this….
Or even this…
And how about this bit of nonsense…
And this sounds like a WONDERFUL idea!!!
Feb 14, 2019, editorial appearing in the Democrat-Reporter newspaper in Linden, Alabama
OUR FRIENDS IN ISIS….
As our long time readers will recall, our blog is hosted overseas in Dubai, UAE, on a server that also hosts animal porn, warez, pirate music, and ISIS affiliated websites. Admin Mike was once brutally kidnapped by ISIS several years ago and suffered greatly at their hands. And, yes, he was anally sodomized (in case anyone is wondering).
So to avoid a repeat of any further unpleasantness, we will post an article or two for our neighbors just to keep the peace.
ISIS fighter marks himself safe on Facebook after firefight with US Special Forces team
RAQQAH, Syria – Kaalim al-Ibrahim, a front-line fighter for ISIS, has marked himself “safe” on Facebook after a firefight with US Special Forces, sources confirmed today.
The status update came after widespread concern that ISIS fighters had been slaughtered in an incident that “did not involve premature detonation,” according to several ISIS spokesmen. It was later confirmed that US Special Forces had recently engaged in a firefight with an ISIS unit, resulting in multiple casualties. Kaalim al-Ibrahim was concerned that the confusion following the engagement would cause friends and family to worry.
“I just really wanted to let everyone know that I was OK,” al-Ibrahim said in a series of tweets.
Various members of the ISIS community showed their support by temporarily adding a transparent image of the ISIS flag over their Facebook profile pictures.
“Our thoughts and prayers go out to the fighters of ISIS and their family, friends, and loved ones,” tweeted Abu al-Nazri, a YouTube personality famous for his harsh “Let’s Play” commentary of Call of Duty games. “We #StandWithISIS.”
Another ISIS affiliate, Jamal ibn Wahad, also marked himself “safe” after the firefight, but it was later determined that ibn Wahad has been in Belgium for the last six years.
“He just wants attention,” al-Ibrahim said.
Members of the US government were very interested in the geographical metadata contained within the Facebook post, but declined to comment when asked for their reasoning.
DEAR MAIN STREAM MEDIA,
Surely you’re experienced enough to know that his story was rife with holes big enough to swallow a human being. But like so many other journalists of today, you obviously allow your hatred for everything Trump to override your journalism expertise. It’s disappointing.
Elizabeth Warren – 1/1024 Indian,
Jussie Smollett – 1/1024 Hate Crime Victim,
Nathan Phillips – 1/1024 Vietnam Veteran,
Cory Booker – 1/1024 Spartacus,
Chelsea Manning – 1/1024 Female,
CNN – 1/1024 Real News,
Rachel Dolezal – 1/1024 Black,
Beto O’rourke – 1/1024 Mexican,
Christine Ford – 1/1024 Believable,
Barrack Hussein Obama – 1/1024 American,
Hillary Clinton – 0/1024 President…
Yes, this 100% VERIFIED!!
February 21, 2019:
Well we all kinda knew that this was going to happen.
Reached by email, Van Dyke said he is not satisfied with the results of the suspension agreement. Van Dyke wrote he does not intend to return to practicing law unless Retzlaff is “brought to justice” for allegedly stalking him relentlessly.
Van Dyke Facebook post – February 21, 2019
And what does Judge Judy have to say??
Courtesy of the Denton County Sheriff – Jan 8 2018
And here is an audio recording made from the Denton County Jail between Van Dyke and his father, Daniel Lee Van Dyke.
McGibney likes to post jail house recordings on his Bullyville blog. But, as we all know, McGibney is a punk whose mojo has long since evaporated.
Take special note of the plea bargain offers that Van Dyke says the prosecutor made to him!! This is what you get when you come up against a person who simply cannot be intimidated and who has the time, money, and willingness to crush you like a fucking bug – take note James McGibney!
And here is a partial list of some of the witnesses for Van Dyke’s misdemeanor criminal case involving the false report to a police officer. CHECK IT OUT!!
UPDATE: FEBRUARY 25, 2019:
Nazi attorney Jason Lee Van Dyke (a man who has the “look” of a pedophile) claims that he is innocent of making a false report to a police officer – and he claims that this black teenager is the person to prove it!!!
Courtesy Denton County (Tex) Sheriff – 11-17-2019
Several orders were made at today’s (Feb 25) pretrial hearing. (The hearing was originally scheduled for last Friday, Feb 22, but Van Dyke’s attorney totally Failed To Appear – which pissed off Judge Waddil to no end!)
The defense motion to continue was DENIED.
Additionally, the judge signed an order with regards to discovery that the District Attorney’s Office has to provide (which is normal).
A major order was also signed, which GRANTS the DA’s motion in limine, which is a motion to prohibt Van Dyke from even mentioning the name of your American Hero & Honorary Admin of the BV Files Thomas Retzlaff.
The trial is scheduled for March 5 at 1:30 pm CT in Denton, Texas.
UPDATE: FEBRUARY 26, 2019:
Well another member of the McGibney Gang has just been found GUILTY of serious criminal misconduct!! Nazi / attorney Jason Lee Van Dyke turned into a pussy and decided to plead GUILTY this morning to filing a false police report.
Van Dyke will be placed on Deferred Adjudicated Community Supervision, with is the state of Texas’s version of the old Rope-a-Dope. Seriously. Any person who signs up for deferred adjudication is a fool because the DA’s office can literally pull the rug out from under you and toss your ass in jail for any violation of your probation, even so much as a traffic ticket – and there is no appeal whatsoever!!
In Texas, probation is called community supervision. There are two types of community supervision in our state;
- deferred adjudication, and
- regular community supervision
Basically, community supervision means that instead of going to jail or prison as a punishment, a defendant is allowed by the judge to stay in the community and be supervised by the court. The supervision term can be up to two years for a misdemeanor and up to ten years for a felony.
The judge will impose requirements on the community supervision. For example, a defendant may be drug tested, will have to be employed, and will probably have to do community service.
FUN FACT: While Van Dyke is on probation, he will be prohibited from owning or having access to ANY firearms. No alcohol. Frequent drug testing. No contact with either Tom Retzlaff or Deborah Armintor. And he cannot leave the local area without written permission. he has to undergo mandatory psych counseling and provide copies of the treatment records to the probation office.
With deferred adjudication, the judge suspends the conviction and places the defendant on community supervision (i.e. probation). If the defendant successfully completes the term of supervision, the court will not convict him or her. But a conviction is merely a finding of guilt. Records of the original proceedings will still appear on the defendant’s criminal record even afterwards.
If a person on deferred adjudication does not comply with the conditions of his community supervision, the D.A. may ask the judge to “adjudicate” (find guilty) the person and put them in jail or prison. If the judge decides to adjudicate the person, the person can be sentenced to any term in the statutory range.
Many defendants think deferred adjudication will be cheaper because they won’t have to go to jail, thus minimizing the impact on their employment. But it’s important to be aware of the costs of Texas probation. Probation comes at a significant cost to the offender, not just the State of Texas. The offender will be ordered to pay numerous fines and fees for supervisory costs, restitution and administrative penalties. Some of these costs are ongoing for the duration of the supervision and quickly add up. You might also face the costs of going to court if you were to violate your supervision or ask that the court terminate your supervision early.
Deferred adjudication is deceptively simple. Follow the rules for a specific period of time, and you’ll get a slap on the wrist but no conviction. In reality, those rules are incredibly strict and the proverbial slap on the wrist can be quite expensive.
Sadly, the consequences of making a mistake could potentially be worse than a conviction without deferred adjudication. To some defendants, it may seem like a get out of jail free card. In reality, it is more like being put under close watch by the State, which places an undue burden on the offender.
Regular Community Supervision or “Straight Probation” in Texas
There are three major differences between deferred adjudication and regular community supervision:
1. A regular community supervision usually results in a conviction and thus can never be sealed or expunged
2. Regular community supervision is usually a punishment option if a person elects to have a jury trial
3. If regular community supervision is revoked, the maximum punishment is usually not the statutory maximum.
That is, when someone receives regular community supervision, the maximum jail or prison term will be set at the time of the plea. For example, on robbery, a second degree felony punishable from two to 20 years in prison, the deal might be five years prison probated for ten.
That means the community supervision period is ten years; if the person messes up and gets revoked by the judge, he can get up to five years in prison.
So instead of the statutory maximum of ten years which would be available if the person was on deferred adjudication, the maximum prison sentence is five years.
You might ask yourself: why in the world would anyone want that kind of probation?
Here is the answer: with a deferred adjudication probation, you are not “technically” convicted. This is because the judge does not specifically find that you are guilty of the offense. Rather, the judge merely finds that there is sufficient evidence upon which a finding of guilt could be made.
If this sounds like hair splitting to you, then you understand it perfectly.
Finishing a deferred adjudication does not result in a conviction. Technically, the charges are dismissed.
However, a successful deferred will still impact a job search, and could impact future car lease deals and used cars you buy. It can disqualify a person in some instances from owning a gun or getting licensed by the state in professional capacity. If a person is an immigrant, it can impact applying for citizenship. In fact, under federal law (which governs immigration and most gun laws), deferred is considered a conviction.
As we have said before, the number one myth in Texas criminal law is “finish your deferred and the offense disappears. It’s like it never happened.” This lie is told to defendants every day in every court house in every county in Texas.
When someone is placed on a deferred adjudication probation, he faces the full range of punishment if his probation is revoked.
Seriously – it is a terrible idea for anyone to sign up for something like this. Texas has an 80% “failure” rate when is comes to deferred adjudication. To be honest, Van Dyke would have been far smarter to just take the jail time (with good conduct credits) and be done with it. He signed up for something that is specifically designed to make him fail, for which nearly 80% of all defendants end up being revoked. The promise of later having a “clean record” is simply an illusion that the State holds out in front of people so as to get them into the trap of paying monthly fees for years on end – and then going to jail anyways!
Notably, Denton County prosecutors also identified Van Dyke ‘as belonging to an extremist group, with numerous followers across the country, on which he may be able to rely on as a resource to carry out his threats, or assist him in absconding from this jurisdiction.’
So. How was your week?