On the Eve of filing our own Rico complaint against Linda Marshall, M and associated friends, the new attorney joining M’s team, Joel Christansen, filed another lawsuit trying to convince us take the blog down. We have not been served yet and I don’t know the details. We will add it to the bar complaint. More to come.
Remember MZ claimed he was fired after complaining about alleged billing fraud, based on a spreadsheet he claims to have received as an attachment to an email. In fact his complaint to the ODJ was not even about that. Following is some of his testimony during the arbitration. My attorney examining MZ. Q. is the question to MZ. A is MZ’s answer:
A. I don’t know, is what I’m saying.
3 Q. Now, of all the e-mails you have copied,
4 all the e-mails that we have in evidence, and the
5 thousands that we don’t, you chose not to keep this
6 e-mail that was allegedly the source of this — this
7 spreadsheet, and you didn’t make note of who it was
8 to, who else it was to —
9 A. Yeah, I don’t know if it was copied to
10 anybody else or not, right.
11 Q. Okay. But you didn’t keep a copy of it
12 for your attorney even?
13 A. No, you’re correct, I didn’t.
14 Q. Okay. And you didn’t — you didn’t
15 present one to Mr. Rote?
16 A. No, I don’t think I did.
17 Q. Okay. Mr. Rote wasn’t one of the
18 recipients of the e-mail, I assume?
19 A. No.
20 Q. Okay. If he had been, you’d have been
21 alarmed by that?
22 A. Yeah, I would be. It’s interesting. I
23 don’t know what, you know, I would have done then,
25 Q. And isn’t it fair to say that at the
Q. I’m still struggling with, you know, if
9 you thought that it was some sort of a scheme going
10 on, why the recipients of the e-mail would not have
11 been a critical piece of information for Mr. Rote,
12 for your attorney, for the Department of Justice.
13 You say you don’t remember —
14 A. I don’t remember if — if someone else was
15 copied along with me.
And so it goes. The alleged complaint (not about a crime) to the DOJ was dismissed. The alleged spreadsheet evidence no one else corroborated. It was just MZ’s word. The email from which he claimed to have received the spreadsheet was not provided. The alleged billing adjustment was some $400 out of $400,000 billed that month. Again, it has been our position that MZ created the form but be that as it may it is in and of itself ludicrous and we count on the legal process to separate the meaningful from the ludicrous. To put this in perspective, that same alleged $400 would be as much a suggested crime as going 55.05 miles per hour in 55 mph zone. And not only did we show that we did not bill that $400 but we wrote-off time.
If someone filed a complaint against you for harboring an illegal alien named Darth Vader (from a planet far far away), accused you of something close to a crime (but not really) and then claimed whistleblower protection, and you denied everything about it and no one else saw you do it and everyone else you were with that day and night testified that it wasn’t true, would it be stupid enough to blog about? I think so. And the reason it needs to be bloged about is that this is an example of attorneys manufacturing lawsuits out of thin air, fabricating facts and targeting businesses. Just like a scam artist walking into a restaurant and pretending to slip on a wet spot on the floor and then seeking a lump-sum settlement.
Companies and owners are harmed by false allegations too. Most never really recover.
Mr. Crow reached a conclusion that we did not over-bill clients:
ARBITRATOR CROW: And I’m prepared to
23 conclude unless someone has additional testimony
24 that NorthWest Direct did not, in fact, over
25 bill clients.
Just Prior Mr. Crow made other inquiries:
23 Q. Is it your testimony that a telemarketing
24 service must bill for every hour that it works
25 and that it may not write-off hours that it
1 considers unproductive? Is that your testimony?
2 A. I would say yes.
There must be some reason applied to claims made by an angry employee.We cannot accept that any Darth Vader claim made must be accepted as reasonable. MZ did not act on his own behalf. He acted in concert with his girlfriend, Sandra Ware, an attorney. They are sophisticated in this regard.
Judge Egan represented MZ and filed the complaint on his behalf, prior to the time he became a judge. This is what he testified to:
8 Q. Okay. So the complaint emphasis was on the do
9 not call violation?
10 A. That’s what it was about, yes.
11 Q. That’s what it was about. Okay. I am looking
12 for a document in your file. I’m about to find
13 it, I hope. That looks like a wrongful
14 termination questionnaire. Is that, that’s the
15 typical sheet that you use to evaluate?
16 A. We have a wrongful termination questionnaire.
17 I’m not, I don’t see it here because it’s not an
18 exhibit. But sure.
19 Q. It’s dated at the top, ten 29 oh three. But
20 down below, and it’s not filled out other than
21 the name of the MZ at the top and the
22 employer name and telephone number, but there is
23 a notation in the middle of that worksheet that
24 says S O L ten 27 oh three. Do you know what S
25 O L means?
In prior testimony it was clear that Mr. Egan filed a complaint on a Do Not Call violation and did so without talking to MZ . He talked to Sandra Ware, who represented herself as MZ’s NJ attorney. The questionaire was not filled out.
The point of this blog is to show case the risks of arbitrating, dissecting testimony that showcased how ridiculous the case was. No part of this is an indictment on Z alone. People will lie, cheat and steal. Not all people. But most will if an attorney told them they could make $1 million on the lie.
We terminated MZ well before he filed his complaint. It should not have mattered that he filed a complaint to try to save his job. But when the arbitrator concludes that we did nothing wrong, that the complaint was not even about over billing and that the source (email) of the evidence was not turned over by Z, it showcases something much more disconcerting. It showcases an arbitrator that wants to set the facts aside and hurt you, because he can. Or it showcases an arbitrator that is so confused that he simply finds in favor of an attorney he knows, which is why I asked him to recuse himself.
When you couple all of this with opposing counsel asking the arbitrator to hurt us because a friend of the arbitrator, a Judge, does not like us for an unrelated matter, then we are talking about a group of people that are telling you they have decided that anyone can make any ridiculous allegation and they will prevail. You will lose always.
This is not a game. If you live here in the Portland metro area, you need to be concerned about this. MZ is incidental to this discussion, not withstanding that there was a tremendous amount of false evidence and our property was destroyed.
About a month ago, someone from the Marshal camp contacted Judge Jones chamber suggesting that one of our blog posts was a statement that I intended to cause physical harm to Judge Jones. I did not. My attorney received a call from the US Marshal’s service and I called them. And it was my attorney on this matter, not counsel on other matters. They were following up on a call made from Judge Jones wanting them to follow up on a concern brought to his attention. These are serious allegations. It’s an allegation that I’m about to commit a crime. They really want this blog down.
Still waiting to be served.