Music Download Lawsuit: Summary of John Deep v. RIAA, David Boies, et al.

John Deep — Thu, 13 Apr 2006 23:53:32 -0500

My lawyers concealed their pecuniary interests with a convicted felon who was an agent for label and studio defendants and their retailer. Colluding with these defendants for their pecuniary gain, my lawyers corruptly influenced my testimony, spoiled evidence and perpetrated fraud upon this Court, other courts and the Department of Justice. I bring this independent action to recover damages caused me by this fraud.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
Date: January 4, 2006

A. Facts

I filed this action without the benefit of counsel on February 11, 2004, after I discovered that my lawyers, defendants David Boies, Boies Schiller and Straus Boies (my “Lawyers”), had concealed defendants’ fraud from me. My lawsuit, brought as an adversary proceeding in my bankruptcy, named certain label and studio creditors as defendants (“Label and Studio Defendants”). But obstructionist tactics by those defendant-creditors delayed discovery until, in February 2005, the district court granted my motion to withdraw the reference.

I then amended my complaint to add a retailer of music and movies, Trans World Entertainment Corp. (“Trans World”), which my lawyers had simultaneously represented without my knowledge or consent as a defendant before this Court. I also added specific allegations that defendants and my lawyers (1) corruptly influenced my testimony in the summer of 2001 in an antitrust investigation by the Department of Justice; and (2) spoiled evidence by willfully disobeying discovery orders issued by this Court. Defendants objected that my complaint was frivolous and vexatious, but they lost – the district court denied their motion to stay discovery and granted my application for an order preserving documents.

In June 2005, the Judicial Panel on Multi-District Litigation transferred my lawsuit to this Court. I then filed a motion requesting “the exercise of this Court’s broad power and responsibility to supervise the professional conduct of the attorneys appearing before it.” I also filed a declaration in which I swore: (1) my lawyers had concealed their (or their families’) pecuniary interests in entities called Datamine LLC and Amici LLC; and (2) my lawyers had colluded with an agent for defendants, a convicted felon known to me as “Bill Duker.”

In their July 2005 response filed in this Court, my lawyers stated, “This firm strongly disputes the allegations made in Mr. Deep’s motion and states unequivocally that his contentions of improper conduct are completely without merit.”

However, it was not long before my lawyers were forced to disclose the truth, that they (or their families) did in fact own a 50% interest in the company Datamine LLC, which in turn owned a 51% interest in Amici LLC. Moreover, my lawyers’ improper failure of disclosure of these interests in my bankruptcy may provide a reasonable basis to believe that a bankruptcy crime has been committed. As a result, my lawyers’ false statement in their letter denying their improper conduct constitutes contempt before this Court’s eyes.

At the end of August 2005, the Wall Street Journal also objectively verified what I had sworn to in this Court in June – and reported that my lawyers failed their duty to disclose their pecuniary interests with Mr. Duker. Mr. Boies said in an interview he should have fully disclosed his childrens’ ownership interests in Amici, and admitted that “I should have made certain that everyone knew about it.” The paper’s investigative report also determined that one of Amici’s founders was William F. Duker, a lawyer and former associate of Mr. Boies who pleaded guilty to four felony counts. See e.g., Laurie P. Cohen, Robert Frank, Adelphia, Boies Firm Agree to Split; Boies Clients Tied to Family Firm, Wall St. J., Aug. 30-31, 2005.

On September 25, 2005, this Court permitted me to amend my complaint (“Comp.” or my “Complaint”). I then added my lawyers as defendants, alleged fraud upon this Court and other courts, and described my lawyers’ concealed pecuniary interests specifically, alleging ...

Music Download Lawsuit - John Deep v. RIAA, Boies, et al. - Pleading

Music Download Lawsuit: Summary of John Deep v. RIAA, David Boies, et al.