If I were a rich man...
On February 8, 2012, future SLAPP Plaintiff Lane Bajardi sent James "Finboy" Barracato, Beth Mason's chief political operative, an email which contained the attachment: "Attorney Intro.doc."
In the email, Bajardi had forwarded his "screen grabs" (of allegedly-defamatory posts) to Beth Mason's henchman for his review ("tell me what you think.") We see that finding an attorney to sue bloggers was a team effort between future-Plaintiff and Beth Mason's operative. In GA's opinion, Bajardi reveals "Ricky and Beth" are silent partners in the SLAPP: "I realize going with an attorney who Ricky and Beth are comfortable with is key."
The Bajardis withheld all financial statements from Defendants after November 2013 when they switched attorneys (Whitney Gibson of Vorys, Seymour, Sater and Pease to Jonathan Cohen). They claimed to owe Vorys $40,000 but produced no attorney invoices or any evidence to prove this was true, in spite of requests for this information.
All of the money to pay legal bills for 3 years and 68 motions had to come from SOMEWHERE...
On March 4, 2012, Lane Bajardi writes to Ricky Mason and Beth Mason (copying "Finboy" Barracato and Kim Cardinal) about "some of the latest rants... designed to incite violence against my family."
Lane Bajardi added that Brice, Lenz, Soares and Pincus (me) are "threatening to send their kids in to assault mine."
This was the Big Pitch to grease Ricky Mason's wallet: "I don't need a million dollar attorney... the time to take legal action is long overdue."
On April 5, 2012, James "Finboy" Barracato suggests an attorney- Karen Desoto, also an MSNBC legal analyst, named in the Hudson Reporter's "Top Most Influential in Hudson County":
On April 30, 2012, Lane Bajardi sends "Finboy" Barracato an email titled "Defamation Award."
Bajardi notes he has "never heard back from Karen" DeSoto. The subject "Defamation Award" is linked: http://www.nydailynews.com/news/national/anonymous-commenters-slammed-13-million-slander-ruling-article-1.1066731
The article:
Anybody think that somebody- or a pair of somebodies- expected a big payday from anonymous commenters and bloggers?
In 2012, the Bajardis refused to withdraw their SLAPP suit; their Ohio dumpster diver told my lawyer they wanted "north of seven figures" to settle.
Dreams of a big payday...
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ReplyDeletePlease leave children out of the discussion. Kids cannot help who their parents are.
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DeleteLikely scenario: the fish expected a cut then Ricky to be paid back in full. $2 million MINUS Ricky's tab with a cut for fishy still would leave the slappers with a nice chunk of change. If this scenario correct, then Ricky is out close to a million bucks. wow. just wow.
ReplyDeletewere they going for $2 million total, or $2 mil per defendant?
Deleteyou figure plaintiffs' lawyers changed at least in the range of what heyer was awarded, so say $300k. add in the $276k judgment and you're looking at at least in the neighborhood of $600k. that's a lot of dough for a newsreader and "freelance journalist".
$2 million per defendant.
DeleteMore than that Anon 11:54. The Bajardis had a lawyer in CA, retained a law firm in NYC, lawyers in Ohio and 2 sole practioners in Pennsylvania, filed or answered 68 motions from 3 sets of attorneys over 3 years. They spent like money like water, like it was no object. A crazy amount of discovery requests, multiple subpoenas to media companies, to univolved third parties (pure harassment)... Arre didnt see the half of it. The Bajardis wanted to videotape depositions which adds $1,000 to deposition costs.
Lane's take home is abt $85k after tax.
Lane said under oath he didn't touch his retirement savings acct to pay legal bills. They did not take out a loan. Lane and Kim said they were paying Cohen on a credit card from two accounts but refused to produce statements or any kind of proof. You are looking at a tab I estimate at $500K BEFORE the $276K judgment.
How did the Bajardis pay high six-figure legal costs? How will they pay for the appeal? How will they pay the judgment against them, plus additional legal costs for Defendants in the appeal?
They're already morally bankrupt, but when they file for financial bankruptcy, if Ricky Mason handles that, would that be considered imputed income?
DeleteI wonder how the partners at Wachtel Lipton Rosen & Katz will feel about their firm's assets being diverted to a partner's wife's failed hobby.
Judge Arre's sanctioning the lawyers who enabled this perversion of law and SLAPP suit to continue at every twist and turn is an important detail - it may make the difference in those attorneys, or any lawyer for that matter, being willing or able to appeal this decision.
ReplyDeleteIf Ricky Mason bails them out of this, does that money become taxable income to the Bajardi's, and will they report it, or will the Mason's use one of their tax evasion schemes to help their "friends"?
The defendants would be wise to have lien's "slapped" on all the assets the Bajardi's own, lest they try to hide them before the debts are paid.
If I remember correctly Jon Corzine loaned his then gal pal the money to buy a house and then wrote it off. No taxes and a tax deduction.
DeleteAnon @ 8:51- it's called "Fraudulent conveyence" or "fraudulent transfer"- the attempt to avoid debt by transferring money to another person or company.
DeleteIf the Bajardis do something so foolish as attempt to transfer assets to avoid the $276,677 judgment against them, they will be prosecuted under NJ statutes,Title 25 - FRAUDS AND FRAUDULENT CONVEYANCES.
Yes, prosecuted. It is a civil cause of action. Ask Ricky Mason, bankrupcy partner at Wachtell.
Anon @ 9:18- Corzine's loan is irrelevant to the issue of a transfer of assets to avoid a judgment.
Anon 10:13 - A Corzine type of loan would pay the bills and since it would be a personal loan there would be no pesky public record.
DeleteI'm very far from an expert in these matters. But it almost seems that in order to entertain an appeal the appellate would have to question Arre's competence. He threw the suit out before reaching a jury, sanctioned the attorneys, and hit the plaintiffs with full legal fees. To hear an appeal now would be tantamount to saying "maybe our 1st amendment judge in Hudson county has no clue what he's doing." Seems unlikely.
ReplyDeleteI seem to recall a screen name hawking that Texas judgment either on 411 or Patch. It would be interesting to find.
ReplyDeleteThe Bajardi's claim of "$40,000" debt to Vorys makes no sense.
ReplyDeleteIf Lane and Kim Cardinal Bajardi couldnt pay their legal bill to Vorys how were they paying their legal bills to Cohen? Litigation costs exploded under Cohen.
Why wouldn't Vorys pursue the Bajardis for the $40,000 debt? What kind of lawyers walk away from a $40,000 tab?
It has the odor of bullshit.
I'd like to hire lawyers who don't collect their fees. What else does Vorys specialize in? I'm sure I need a lawyer for something.
DeleteHas anyone seen Beth and Ricky since this judgment was announced? Does Ricky seem particularly cranky? Does he even care? I thought there were stories a few months ago about how pissed off he was about losing the case, as well as basically subsidizing every unsavory political lowlife character in town (and one in Weehawken).
ReplyDeleteI honestly don't get those two, what a pair of f&^%ing nutjobs.
We are not amused.
DeleteTake look at Richard Mason's Facebook page and you will see pictures of his palatial Hoboken home, he has others and then consider weather a few hundred grand would get him cranky.
Beth Mason used her 2011 municipal campaign acct like a laundromat- money deposited in, then out the same repirting period as "in kind contributions" to political operatives. A lot of this at the time the SLAPP suit was filed, and no elections. It's right there on her ELEC reports.
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