James McGibney is GUILTY of Stolen Valor FRAUD and we have all of the military documents to prove it beyond a shadow of a doubt. McGibney has ZERO ‘cyber-warrior’ training. He was an Admin Clerk in the Marines over 20 years ago, but he goes around falsely claiming all sorts of computer security expertise that he simply does not have.
HE LIED IN OPEN COURT ABOUT HIS MILITARY ‘CREDENTIALS’
CHECK IT ALL OUT HERE.
Admin Note: By the way, we are very, very close to 5.75 MILLION total view mark for the BV Files (both this new URL and our old ones). Pretty awesome considering we have only been in business since mid-February 2014! Many thanks to our teeming MILLIONS of readers, listeners, and supporters for all the kind emails, excellent comments and new story ideas (as well as the docs).
And remember: no matter how badly your life may be going at this present time, you’re not as big a loser as James McGibney is. After all, he has lost EVERYTHING due to the efforts of one or more determined persons or people who might or might not have been engaged in a vast conspiracy against him – and it was all done for the lulz!
Hey Jimmy! Remember the good ol’ days?
p.s. If anybody from, say, Warner Brothers in Hollywood comes here, please feel to reach us via the Contact Us box
BUT FIRST SOME UPDATES:
As many of our frequent listeners know by now, there was a bit of excitement in Texas yesterday, May 21st, in which the matter of the production of certain financial records belonging to James McGibney (who we don’t like) and his revenge porn / blackmail company ViaView, Inc. will have to be produced.
Here is the agreement of the parties and the Court’s Order in its entirety:
- McGibney and ViaView are required to produce federal income tax records for 2012, 2013, and 2014.
- McGibney and ViaView are required to produce financial statements and balance sheets for 2014 and 2015.
- McGibney and ViaView are each required to state under oath their individual net worth (which is assets minus liabilities) as of two specific dates: January 1, 2014, and the date of their response to the Order.
There is a privacy provision within the Order in which the defendants have agreed to not disclose the documents to anyone else without permission from the Court.
The documents are due June 1, 2015. Since we heard that Some Random Person already has obtained McStupid’s credit reports and IRS records, it will be interesting to see if what McGibney produces matches reality.
Being frequent readers of the BV Files, you all know by now that the Texas Citizens Participation Act (TCPA) offers no specific guidance for how a court should determine the amount of a sanction, but courts have determined sanctions by consulting:
(i) the plaintiff’s annual profits;
(ii) the amount of attorney’s fees incurred;
(iii) the plaintiff’s history of filing similar suits; and
(iv) any aggravating misconduct.
Just as a party’s net worth becomes relevant in the exemplary damages phase of a bifurcated trial, courts have used net worth and profits of a party to guide the courts’ determination of the appropriate amount of a TCPA sanctions.
As of this date, we have been told by Some Random Person That We’ve Never Heard Of Before that the amount of attorney’s fees incurred is $264,930.89.
Fun Fact: Under the TCPA, sanctions are mandatory.
Keep in mind that the net worth of McGibney and ViaView is but one factor that the trial court will consider when assessing the mandatory sanctions. We still have McGibney’s long and well-documented history of filing similar SLAPP suits and all of the aggravating misconduct he and his group have been involved in.
Aggravating misconduct such as the following:
No decision has been made yet in the federal LOLsuit. Four separate motions filed by our American Hero and Honorary Admin of the BV Files, Retzlaff.
- Motion to dismiss for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2) (which the Court already granted on Nov. 20, 2014, but then gave the plaintiffs an opportunity to ‘cure’ by amendment, after which the motion was again reargued);
- Motion to dismiss for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1);
- Motion to dismiss for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(1); and,
- Anti-SLAPP special motion to strike pursuant to California Code of Civil Procedure 425.16.
In early April 2015 US District Court Judge Beth Freeman announced that she was cancelling oral arguments and taking all of the motions under advisement. A decision will come whenever it comes.
In the San Jose restraining order case, yet another LOLsuit, McGibney’s attorney, Jay Leiderman, filed a motion to dismiss with the California Court of Appeal, Sixth District based on something he calls the Fugitive Disentitlement Doctrine, a legal principal that primarily applies to criminal cases in which a defendant who has been found ‘guilty’ breaks their bond and flees the jurisdiction while simultaneously trying to appeal their case.
A response is due May 27th and, according to the Clerk’s Office, a decision by the Court will be made some months later. As those of us who live in California well know, court delays are a common occurrence due to budget and staff cuts on account of years and years of liberal mismanagement.
UPDATE #4: Convicted criminal and child abuser, Beaumont, Texas, attorney John S. Morgan is presently undergoing an investigation by the State Bar of Texas. A full and complete audit of his law firm’s Client Trust Fund accounts will be shortly ordered, we have heard, due to evidence that Morgan has been using client money for payment of his personal expenses.
A motion to have Morgan declared a Vexatious Litigant pursuant to Texas Civil Practices & Remedies Code chapter 11 is pending.
So if you are a client of John Morgan, or a potential client of John Morgan – sucks to be you! Don’t walk, run away!!!
On October 29, 2014, long-time Morgan side-kick Philip Klein and his client, James W. Landess were sued by Houston, TX attorney Jeffrey Dorrell on behalf of two clients known as “E.M.” and “V.B.M.” for over $8 million in damages in the 73rd District Court of Bexar County, Texas (in San Antonio) as a result of Klein committing repeated criminal acts in a child custody case involving James Landess, his ex-wife, and a child.
On February 12, 2015, a 2nd Amended Petition was filed alleging all sorts of horrific and horrendous acts committed by Klein on behalf of James Landess. On March 6th Klein and his one-man investigations company, Klein Investigations & Consulting, filed their first amended answer.
Nobody but probably six people on the planet care about this case. But because it involves Klein and because Klein works for revenge pornographer and blackmail artist James McGibney (who we don’t like), we thought we would mention this case. We may post updates on it from time to time.
UPDATE#5: In a very interesting turn of events, it seems that there are still fools left in this world after all who wish to be parted with their money.
Specifically, Maryland attorney Marcie Wogan has confirmed that she recently gave revenge pornographer and blackmail artist James McGibney $1,000. Why on Earth she would do that, who knows. But according to Marcie, she did it because she thought that James McGibney was an anti-bullying advocate who just wants to help people. Seriously.
When she found out that McGibney had been misusing her funds to cyber-stalk and harass innocent folks (such as by hacking bank account and social media passwords), Marcie demanded an accounting of her money and, later, a refund. McGibney responded with the following:
You made a donation for $1,000, which once again was, per your own words “a donation.” There is no doubt you made that donation because you felt guilty for the FACT that you funded a convicted criminal’s harassment activities, which included suing me in federal court. I URGE YOU to contact an attorney Marcie, I pray that you sue me for posting your own words on Bullyville. If nothing else, I would relish the opportunity to cross examine you and will make sure that every single person that you have ruthlessly harassed is aware of that court date so they can let the judge know just how sick and twisted you are. In many ways, you are the female equivalent of cyber stalker Thomas Retzlaff.
— Comment by James McGibney
For anyone dumb enough to make a deal or an agreement with James McGibney, you get what you deserve. James McGibney is a criminal who runs a revenge porn / blackmail websites who enjoys abusing little girls and young woman by extorting monies from them as they try to ransom back their intimate photographs.
Hey McBitchney – have you figured out yet how to get us to do what you want?
And poor Jimmy boy wonders why sooo many people want to murder him and his family.
As we have said before, we want to make one thing absolutely clear here: If you served your country, you’re a hero and that’s all there is to it. Doesn’t matter what you did or where you served. So many of you people sit around and bitch and moan and talk about how you wanna do this and you wanna do that with your lives. But so very, very few actually get up off the couch, sign their name on the dotted line, and wear the uniform of a soldier, sailor, marine, or airman (or woman). Seriously. According to a May 2013 NY Times article, less than 0.5 percent of the population serves in the armed forces.
Also, please understand that we are not about to engage in rock throwing at everyone who comes home from the service and tells his / her friends and family “war stories” about all the bad guys he or she killed or top secret missions he went on or any of that nonsense. War stories are as old as fish stories. But (and there is always a “but” isn’t there?) … But in the case at hand here we are talking about a public figure, a man who has put himself on a pedestal as the self-appointed arbitrator of all that is good and bad in the Twitterverse.
Yes, James McGibney is most definitely a public figure. This is evidenced by expert testimony provided by his expert witness in a lawsuit about three years ago against some guy named Hunter Moore in a Las Vegas, NV courtroom.
James McGibney (who we don’t like) also as had a Hollywood Public Relations company on the payroll for at least the last four years. Normal people don’t do that. Public Figures do.
Over the past 3 or so years, in television and print media interviews too numerous to list, McGibney has been loudly and proudly claiming that “The Secretary of the Navy awarded [him] a Navy Achievement Medal for outstanding computer security support of 128 embassies throughout the world.” See, for example, McGibney’s Bloomberg Business Week biography right here:
Yet we here at the BV Files have obtained the actual Navy and Marine Corps Achievement Medal citation itself. And what did we find? We found that James McGibney completely and utterly lied about the facts and circumstances surrounding his receipt of this medal. We found that McGibney’s claims are complete and utter BULLSHIT (to use a technical legal term from Black’s Law Dictionary).
Here is the medal citation itself. We trust you will be able to read through it as carefully as we have, and if anybody finds one single mention about computer security support for US embassies, we will award that person $50 billion. Seriously.
Well? Did you guys find any references to computer security support for embassies? Are the words “computer” or “embassies” even mentioned once in here? No? You sure about that? Look harder. Look again. Please.
Hmm, well we guess that means that JAMES MCGIBNEY IS A COMPLETE AND UTTER LYING SACK OF SHIT!!! Thus, we label McGibney with the accusation that he has committed Stolen Valor FRAUD.
As you can plainly see from the medal citation it was (1) NOT awarded to him by the Secretary of Navy and (2) was NOT awarded to him “for outstanding computer security support of 128 embassies throughout the world.” He got it for being able to rearrange the training schedules during cold / wet weather while his supervisor was out sick or otherwise not available!!
Remember our previous article about McGibney and his Marine Corps resume. We showed you a copy of his military form DD214 which clearly states that his primary MOS is 0151 Administrative Clerk. Every single job in the military has its own specialty code (its own MOS). The MOS for Admin Clerk is not the same as for a Postal Clerk (which is MOS 0161), or Riverine Assault Craft Crewman (MOS 0312).
McGibney’s MOS started with Occupational Field 01, thus he was pigeonholed in the Personnel & Administration job categories. If James McGibney (who we don’t like) had anything to do with computers, networks, or computer security, his MOS would have begun with OccFld 06 Communications, such as Cyber Network Operator – Sgt-Pvt (MOS 0651) or Construction Wireman – Sgt-Pvt (MOS 0613). Or, if McGibney had truly been involved in Network Operations, he would have been a MOS 0651 Cyber Network Operator – Sgt-Pvt. To learn more about Marine Corp MOS listings go here: http://en.wikipedia.org/wiki/List_of_United_States_Marine_Corps_MOS
James McGibney is the public figure and face of ViaView, Inc. He likes to play up his U.S. Marine Corp association in the media.
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 Alex 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 Marie 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!
- Mark Caspers – owner of Las Vegas based Caspers Construction Company, LLC.
- 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 – President/CEO of Caspers Construction Company, LLC.
- 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 by Caspers Construction Company, LLC.
- James McGibney – serial resume fraudster & deadbeat with TWO Chapter 7 bankruptcies under his belt.
Now if McGibney wasn’t a Public Figure who made his bones getting his face all over TV and news magazines telling people how they ought to be living their lives, we wouldn’t give two shits about him, his FAKE medal claims, or his “war stories.”
But when you put yourself out into the public eye and become a public figure, and when you become the self-appointed decider of what constitutes good and bad on Twitter or the internet in general, and when you hold yourself out there as more holier than thou, you have to lead and live an exemplary life. For those who are without sin, cast the first stone. Or people who live in glass houses….well, you know the deal. McGibney likes to hammer people who he accuses of being liars and cheats and frauds. But in our learned opinion, James Alex McGibney is a hypocrite and a fraud and a liar and a cheat and We The Internets are mad as hell and we’re not going to take it anymore!!
We would also like as many of you as possible to do a Google search and contact as many Stolen Valor websites as possible to inform them about James McGibney (who we don’t like). As suggested by a recent commentator, there are many websites devoted to outing stolen valor posers.
Hey BV Files, So how did McGibney commit perjury? you guys ask. Well give us a minute to explain to you what the law is, what the facts are, and how the law applies to these facts.
Found in California Penal Code Section 118, California law defines “perjury” as deliberately giving false information while under oath. Specifically:
Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.
You are subject to prosecution for perjury if you willfully give false information in any of the following circumstances:
•when testifying in court,
•when being deposed,
•in a signed affidavit,
•in a signed declaration,
•in a DL 44 drivers license application at the DMV, or
•in a signed certificate.
How Does The Prosecutor Prove Perjury?
To prove that someone is guilty of perjury, the prosecutor has to prove the following facts or elements:
(a) You took an oath to provide information in a truthful manner.
(b) You willfully stated that the information was true knowing that it was in fact false.
(c) The information was material.
(d) When you made the statement, you intended to testify falsely while under oath.
Lying under oath can land you in prison! Perjury is a serious crime and an affront to the justice system. If you are accused of perjury – willfully and knowingly lying after taking an oath to tell the truth, or signing a document that you know contains false assertions, you could serve up to four years in state prison and be ordered to pay thousands of dollars in fines.
Some examples of perjury include:
•To lie while answering a question when testifying as a witness during a trial
•To lie while answering a question when testifying as a witness during a trial
•To lie while answering a question when testifying as a witness during a trial
Oh, and did we mention: To lie while answering a question when testifying as a witness during a trial.
In the case at hand, James McGibney was caught lying while giving testimony as a witness during a trial on April 8, 2014, before a judge in Santa Clara County Superior Court in which McGibney was attempting to convince a judge to give him a Temporary Restraining Order for Workplace Violence against some random guy who supposedly said mean things about McGibney on the interwebs. We guess that McStupid was afraid that someone was going to murder him, or rape him, or murder and then rape him.
So we get an anonymous email containing several documents and transcripts from various court hearings. Because the lulz from all of this is super awesome, we decided that we’ll do a series of articles, spread out over time, so as to keep the lulz going for as long as possible.
So here is where it gets juicy. McGibney starts to give testimony and he lies through his teeth. Seriously. We will just let the documents speak for themselves and you can draw your own conclusions, of course.
To give you some context, at this point in the proceedings Leiderman has provided Judge Derek Woodhouse with what amounts to a print out of McGibney’s stupid little “article” on his Bullyville website about Retzlaff. Now Leiderman and McGibney are trying to convince the judge that they know what they are talking about when they claim that Retzlaff is the man behind a whole bunch of anonymous email and Twitter accounts that have been saying mean things about McStupid and his revenge porn / blackmail company ViaView.
So when McGibney was telling Judge Woodhouse that he protected 128 embassies throughout the world from cyber attacks, and that tracking down IP addresses and uncovering anonymous email & twitter accounts was what he did in the Marine Corps, he wasn’t lying, was he?
So when McGibney was telling Judge Woodhouse how he can trace someone’s tweets, that he can “go back and see what IP address he was using” and that he could trace this twitter IP address to Arizona and Texas, he wasn’t lying, was he?
Hey McGibney! When you claimed to have the IP addresses of these anonymous tweets, did you tell Judge Woodhouse about the letter Leiderman got from Twitter’s lawyer in which they DENIED your subpoena request for IP information from Twitter on April 3, 2014 – just five days before you gave this testimony?
Will you please explain to the court how you were able to get the IP address information for these specific tweets without the cooperation of Twitter? Or are you just making shit up?
Remember above when we told you what the elements are for perjury? One of the elements is that the information was material. Under the law, information is material if it is probable that the information would influence the outcome of the proceedings, but it does not need to actually have an influence on the proceedings. Knowledge of Materiality is not necessary. Penal Code Section 123.
As you can see above, McGibney is clearly attempting to influence the proceedings by qualifying himself as some kind of computer expert by falsely claiming that he has specialized knowledge and job experience so as to be able to convince the judge that he actually knows what he is talking about with some authority, and that he is trying to convince a judge that it is Thomas Retzlaff who is the one behind all of these anonymous email & twitter accounts and that when James McGibney says he knows that it is Retzlaff behind these accounts, that it is “100% VERIFIED.”
He is also clearly attempting to influence the proceedings by falsely claiming to have the IP addresses of these anonymous tweets and email addresses, and by further claiming to being able to trace them back to a specific individual at a specific geographical location.
“Hey BV Files, why is this important” do you say? Well earlier in the hearing, Judge Woodhouse specifically informs Leiderman and McGibney that he is basically a technophobe who knows absolutely nothing about Twitter, has never tweeted, and doesn’t Facebook.
So, again, keep in mind that both Leiderman & McGibney are trying to convince a skeptical and technically illiterate judge that, yes, they know what they are talking about. McGibney feels that this is so important that he – on his own initiative – steps up and starts to speak to the judge and makes a very specific effort to qualify himself as some kind of computer security expert so as to make the judge more willing to buy into what McGibney & Leiderman are saying.
Thus, James McGibney’s testimony was clearly material to the judge’s decision making process in this case. After all, do you think that if McGibney had told the truth and said, “Your honor, I have absolutely no idea who it is that is tweeting this stuff and saying these things. I think it might be Retzlaff, but I have no proof.” would he and Leiderman have gotten the court orders that they did? Would they have been able to get WordPress & Twitter to shut down our accounts without that court order? No, of course not. Because the court was clearly reluctant to act in the absence of evidence.
Thus, James Alex McGibney is GUILTY of FELONY PERJURY because he is a lying liar who lies under oath before a judge while testifying in open court and he needs to be prosecuted and sent to prison. Seriously.
One other thing we wish to point out, y’all remember back to the police investigation that was conducted by Det. Braxton of the San Jose, CA Police Department into McGibney’s claims of death threats and TRO violations way back in April 2014? If the IP address information that McGibney claims that he has is “100% POSITIVE”, why hasn’t Retzlaff been arrested? In fact, why hasn’t he even been questioned by police? After all, you retards are constantly tweeting out what you (it turns out falsely) claim is his home address and IP address and GPS coordinates and Texas Voter Registration records, right?
Yet not once have the cops even spoken to him about this in all of the past eighteen (18) months that you people have claimed this stuff has supposedly been going on. Same with the horrific death threats that Leiderman cried about in open court on November 20th to US District Court Judge Beth Freeman.
Why is that? Do they not know how to investigate death threats in San Jose? Are the police incompetent there? Or is it more likely that they looked into this and saw what a fame-fagging drama queen McGibney is, saw there was ZERO evidence of anything, and said “case closed – unfounded/no evidence”.
What do you guys think the police reports will show when we post them? El oh el
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 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:
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.” http://www.thelevityball.com/welcome-to-james-mcgibneyville-show-some-respect-or-else/
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!
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 are you guys getting the picture here? Throughout his history, James McGibney has been falsely attempting to give himself FALSE computer technology credentials, degrees, and job experience he simply does not have.
Again, it is extremely vital that Leiderman & McGibney be able to convince Judge Woodhouse of McGibney’s computer technical expertise. Otherwise, they risked not being able to get the court orders that they wanted.
Hey McStupid! What do you think Det. Nathan Braxton of the San Jose Police Dept is gonna think once he takes a look at this?
CHECK OUT THIS AUDIO RECORDING===>
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!