Tag Archive for: supreme

Minnesota Lawyers Board Asks State Supreme Court To Smack Paul Hansmeier Around A Bit

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Grifters just keep grifting. Paul Hansmeier, former copyright troll and more recent ADA troll, is being referred to the Supreme Court of Minnesota for discipline. Last seen trying to weasel his way into bankruptcy to avoid several judgments against him, Hansmeier has had his law license suspended and is facing the possibility of more than a decade in prison.

Now there’s this, which asks how much schadenfreude can one person possibly provide?

The board that disciplines lawyers in Minnesota filed a complaint Tuesday in the Minnesota Supreme Court against Paul Hansmeier, alleging that he had tried to defraud the U.S. Bankruptcy Court in Minnesota by hiding or misrepresenting his assets.

Hansmeier has 20 days to respond to the complaint.

The state Supreme Court is already familiar with Hansmeier’s, um… work, having said this about him in 2016 when indefinitely suspending his bar license.

Hansmeier committed misconduct in the first matter by bringing a lawsuit for the sole purpose of conducting discovery to find the identity of others against whom claims could be made, making misrepresentations to the tribunal, filing articles of termination for a corporation that contained false statements. failing to comply with discovery requests, failing to pay attorney fees assessed against him, and transferring funds out of his law firm in order to avoid paying sanctions. In a second matter. Hansmeier committed misconduct by participating in the initiation of a lawsuit without a basis in law and fact, making false and misleading statements to the court, failing to pay attorney fees assessed against him by the court. and submitting to the court a financial statement that was false, misleading, and deceptive. In a third matter, Hansmeier committed misconduct by bringing a frivolous action for an improper purpose. And in a fourth matter. Hansmeier committed misconduct by testifying falsely during a deposition, bringing a frivolous claim, and perpetrating a fraud upon the court.

The petition [PDF] is a little longer and delves into Hansmeier’s seedy history, starting with his years with Prenda, which is summed up pretty nicely by Minnesota’s Office of Lawyers Professional Responsibility.

Before respondent was suspended, respondent, with other lawyers, purportedly on behalf of various entities that held the copyrights to various adult films, instituted hundreds of litigations in state and federal courts throughout the country alleging either copyright infringements via improper downloading of the films over the Internet or wrongful interception or hacking of usernames and passwords to gain access to the purported clients’ websites.

Respondent was sanctioned in many of these matters.

Those sanctions were levied in four different lawsuits, racking up nearly $ 500,000 in fines and fees Hansmeier was supposed to pay. Rather than do that, Hansmeier tried to drum up a belated legal defense fund by engaging in ever more mass litigation, wielding the Americans with Disability Act (ADA) as a tool of extortion against a number of small Minnesota businesses — a business model of his that’s now being investigated by the FBI.

To dodge the sanctions, Hansmeier filed bankruptcy. This was as deceitful as any other litigation he’s been involved in. Hansmeier shuffled assets around to keep them from creditors, sold his home without the bankruptcy court’s permission, and failed to update the court when his cost of living expenses decreased dramatically.

The OLPR is asking for more fees to be assessed against Hansmeier, as well as possible disbarment. Hopefully, someone will inform the inmates he’ll be rooming with that he’s not a font of coherent legal strategy, despite his many years as a practicing lawyer.

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Canada Rejects A Free Press: Supreme Court Says Journalist Must Hand Over Sources

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In a very unfortunate bit of news, the Canadian Supreme Court on Friday ruled that there is no source protection for journalists in Canada, and a Vice Media reporter, Ben Makuch, is required to hand over his sources from an investigation he did with a Canadian man who claimed to have joined ISIS. Makuch had interviewed Farad Mohamed Shirdon back in 2015, and the Royal Canadian Mounted Police (RCMP) demanded access to all of his information. Vice and Makuch refused. In 2016, a lower court ruled against Vice and on appeal, the media organization lost again. Given those two loses, perhaps the eventual Supreme Court ruling isn’t that surprising, but it is still extremely disappointing and worrisome.

As Vice noted in an editorial posted after the ruling, this is a dark day for press freedom:

Lawyers for VICE Canada argued unsuccessfully through three levels of court that the RCMP is fishing for information and is effectively forcing a journalist to be an agent of the state. With this court decision hanging in the balance for years, Makuch has continued to produce fearless and important journalism on sensitive and often dangerous topics. Today’s decision will no doubt have a chilling effect on both sources, who may be reluctant to talk to reporters, and on journalists themselves, who could be less inclined to report on sensitive issues.

While our lawyers lost, we strongly believe that the journalism—which is already under attack across the globe—needs to be free from state intervention.

To some extent, we’ve dealt with this issue in the US as well, where some believe the 1st Amendment should already protect reporters and media orgs from giving up information on sources, but where the government still has gone to court — such as in the case of James Risen — to try to force journalists to reveal sources.

And while there have been some attempts at creating so-called “shield laws” against these sorts of things, unfortunately, nearly every attempt to do so would require the government to define who counts as a journalist, which would also be a huge 1st Amendment problem. (And, of course, over in Europe there’s an issue where Romania has been trying to use the GDPR to force a reporter to cough up sources).

I know that some people don’t think this is that big of a deal, but it is a huge deal if you want journalists to be free to investigate and report on things like government corruption and abuse. To do that, journalists rely on sources providing them information — and to get sources to provide you information, journalists frequently need to guarantee them anonymity for fairly obvious reasons. But when governments can force away that anonymity, it creates a huge mess. Sources will be much less willing to come forward, as they know that even if a journalist promises protection, they can’t guarantee it against a demand from the government. This will lead to significantly less whistleblowing, especially in important cases.

As Vice says:

It should go without saying: we are all better off when journalism operates freely, without interference from the state. Otherwise, leaders remain unchecked, massive corporations undermine elections, and the stories of the most vulnerable members of society remain untold. This might seem like hyperbole, but a quick glance at the recent headlines in any major publication should serve as proof that these things are happening.

It’s too bad that Canada has decided to flush that kind of openness away.

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Google News: Brady jerseys more important than Trump/Russia or Supreme Court

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Whether strictly the creation of an algorithm run amok or an inexplicable human error, Google News right now is demonstrating the kind of news judgment that has made it one of the company’s weakest products … and may well speak to the state of our celebrity-worshipping society.

As Congress simultaneously holds hearings on Russian interference in last year’s presidential election and the pending confirmation of a justice to the United States Supreme Court, topping both stories in terms of importance, at least according to Google News, is the recovery of Tom Brady’s missing Super Bowl jerseys.

032017blog brady comey gorsuch2 Google News

I’ve been a Patriots fan longer than I’ve been a journalist and I’ve been both for longer than I’d like to admit. This is nuts.  

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