Kimmage unleashes hell, counter-sues Verbruggen & McQuaid

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Aug 13, 2009
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MarkvW said:
Leslie would never be charged. She didn't do anything criminal.

Yet you spent the last 3 pages crying about how much trouble she is in. How she is legally responsible for Brown's actions.

Marky, you are being too obvious again.
 
Race Radio said:
Yet you spent the last 3 pages crying about how much trouble she is in. How she is legally responsible for Brown's actions.

Marky, you are being too obvious again.

She is in trouble. That's why she's suing him.

Can't you understand the difference between civil and criminal liability?
 
Aug 13, 2009
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MarkvW said:
I've never suggested criminal liability for Ms. Cohen. I've only suggested the possibility of criminal liability for Mr. Brown.

Trolltastic!

MarkvW said:
the partner who knew nothing of the embezzlement would still be liable for the embezzlement. It's called joint and several liability.
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MarkvW said:
Nope. If the partner handling finance embezzles, then the partner handling marketing is responsible.

It's all about the partnership. That is a fact of enormous legal significance.

MarkvW said:
she partnered with Aaron Brown and she's responsible for the partnership's liabilities. Joint and several liability. Google it.
 
Race Radio said:
Trolltastic!

You OBVIOUSLY do not know the difference between civil and criminal liability.

Criminal liability is where you can go to jail because the government puts you there. Brown is at risk there.

Civil liability is where another person can sue you for money and/or for an injunction. Both Brown and Cohen are at risk there.

Either you don't get it, or you are arguing very dishonestly. This is reminiscent of how you argued so bitterly against anybody who dissented from your point of view that Lance Armstrong was going to be indicted and convicted. Maybe you can see the difference between civil and criminal liability in that example?
 
May 27, 2012
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MarkvW said:
You OBVIOUSLY do not know the difference between civil and criminal liability.

Criminal liability is where you can go to jail because the government puts you there. Brown is at risk there.

Civil liability is where another person can sue you for money and/or for an injunction. Both Brown and Cohen are at risk there.

Either you don't get it, or you are arguing very dishonestly.

TROLLTASTIC!!!

You OBVIOUSLY do not know that embezzlement is criminal and civil, but on the civil side, the case is brought by the entity who was stolen from.

Now, go add 1+1.

You're barking up the wrong charge counselor.
 
Aug 13, 2009
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MarkvW said:
very dishonestly

Hey, we get it. You got caught in your nonsense and are trying to keep the game going.

You clearly wrote that Lesli was responsible for Brown's embezzlement....you never specified criminal or civil, but of course being clear would not work as well as bait.
 
Race Radio said:
Hey, we get it. You got caught in your nonsense and are trying to keep the game going.

You clearly wrote that Lesli was responsible for Brown's embezzlement.

She IS responsible. I understand that you have to be patronizing, but jeez. Embezzlement can result in BOTH civil and criminal liability.
 
Nov 8, 2012
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MarkvW said:
You OBVIOUSLY do not know the difference between civil and criminal liability.

Criminal liability is where you can go to jail because the government puts you there. Brown is at risk there.

Civil liability is where another person can sue you for money and/or for an injunction. Both Brown and Cohen are at risk there.

Either you don't get it, or you are arguing very dishonestly.

Is that the definition you were taught in law school?

Kimmage may be an injured party here and he's not going to pursue Lesli unless there is a helluva lot more to the story than what's currently known... so Lesli is not at risk vis-a-vis the defense fund.

Lesli is absolutely an injured party here and I hope she pursues AB civilly and I hope the entity with jurisdiction pursues him criminally.
 
May 27, 2012
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MarkvW said:
She IS responsible. I understand that you have to be patronizing, but jeez. Embezzlement can result in BOTH civil and criminal liability.

Who brings the charge in a civil case?
 
Aug 13, 2009
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ChewbaccaD said:
TROLLTASTIC!!!

You OBVIOUSLY do not know that embezzlement is criminal and civil, but on the civil side, the case is brought by the entity who was stolen from.

Now, go add 1+1.

You're barking up the wrong charge counselor.

DOH! The Google school of law did not teach that part!

Mark is going to ask for his tuition money back
 
May 27, 2012
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Scott SoCal said:
Is that they definition you were taught in law school?

Kimmage may be an injured party here and he's not going to pursue Lesli unless there is a helluva lot more to the story than what's currently known... so Lesli is not at risk vis-a-vis the defense fund. So feel free to stop with the craptastic trolling. It's pathetic.

Lesli is absolutely an injured party here and I hope she pursues AB civilly and I hope the entity with jurisdiction pursues him criminally.

Kimmage can't bring a case for embezzlement because it wasn't ever legally his from the way the complaint reads.
 
Nov 8, 2012
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MarkvW said:
She IS responsible. I understand that you have to be patronizing, but jeez. Embezzlement can result in BOTH civil and criminal liability.

She's responsible to whom?

She'll only be responsible to Kimmage IF he pursues "damages" for a charitable defense fund that was given to him.

At best Lesli made a promise to Kimmage which she may not be able to fulfill because a business partner embezzled the fund. Allegedly. So what chance is there of Kimmage pursuing Lesli and even if he does, what are the chances he can prove damages?

Just stop already.
 
Race Radio said:
DOH! The Google school of law did not teach that part!

Mark is going to ask for his tuition money back

Leslie is civilly liable for any embezzlement Brown may have done from the fund.

But not because of embezzlement--but because she had a fiduciary duty as principal and partner of Cyclismas to properly handle the funds. My language may have been too loose for this forum.

This isn't hard.
 
Aug 13, 2009
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MarkvW said:
My language may have been too loose for this forum.

It is good of you to admit you were being intentionally ambiguous in order to provoke a response......there is a word for that.
 
May 27, 2012
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markvw said:
leslie is civilly liable for any embezzlement brown may have done from the fund.

But not because of embezzlement--but because she had a fiduciary duty as principal and partner of cyclismas to properly handle the funds. My language may have been too loose for this forum.

This isn't hard.

Trollkraft level 8!!!!
 
Nov 8, 2012
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MarkvW said:
Leslie is civilly liable for any embezzlement Brown may have done from the fund.

But not because of embezzlement--but because she had a fiduciary duty as principal and partner of Cyclismas to properly handle the funds. My language may have been too loose for this forum.

This isn't hard.

No it's not.

In your theory where Lesli has liability, who is the injured party?
 
Race Radio said:
It is good of you to admit you were being intentionally ambiguous in order to provoke a response......there is a word for that.

Good. Now we agree about the obvious--that Leslie faces potential civil liability as a consequence of Brown's actions.

If you want to further dispute that obvious fact, you'll have to do it with somebody else.
 
May 27, 2012
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MarkvW said:
Good. Now we agree about the obvious--that Leslie faces potential civil liability as a consequence of Brown's actions.

If you want to further dispute that obvious fact, you'll have to do it with somebody else.

Moving the goalpost. They teach that in Trollkraft 103 I believe.
 
Nov 8, 2012
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MarkvW said:
Good. Now we agree about the obvious--that Leslie faces potential civil liability as a consequence of Brown's actions.

If you want to further dispute that obvious fact, you'll have to do it with somebody else.

From whom? Simple question Mark.
 
Dec 21, 2010
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Scott SoCal said:
From whom? Simple question Mark.

C'mon, Markey, confess that you are drawing up a civil action against Lesli - you appear to be the only one in that mindset thus far.:eek:
 
Aug 16, 2009
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thirteen said:
Digger, i've said it to you before and i'll say it again. i think what you did, what you tried to do was awesome. it was all heart! and it gave us all a chance to show where we really stood -- by putting our money where our mouth was -- to show that it was more than just talk.

as one of the earliest donors (along with D-Queued) i was told my monies would not be accepted because of your problems setting up the fund. i was ****ed and even wrote something nasty on Andy's site (which i then asked him to retract when it was fixed). in a split second Lesli stepped in, like the lady she is, and all was good.

there's no way you or Lesli or Andy could have known where this would all end... Aaron played you all. he even played Paul the other weekend and that is just so sick and sad.


despite where we are now, thank you. thank you for starting it. for bringing in Andy. for bringing in Lesli (AB was obviously screwing her over anyways). you're good people. you gave us a voice.

thank you.

and, please, tell Paul not to lose the faith. we need him.


This says everything I would like to say but much better so thanks Thirteen.

I donated twice, willingly not coerced, and would again should the situation arise.

FJ