A Brief Introduction to this Page's Purpose

Not Another Dime! is dedicated to documenting the assorted, and sometimes wild, details of Mr. Ken Whitman's business dealings within the Role Playing Game (RPG) industry. This place is NOT intended to be a medium of discussion about Mr. Whitman, pro or con, but instead be a "jumping off" point to enable the reader to make their own informed decision about Mr. Whitman's history and business character.

Whenever possible, links to the original source material will be provided, but in many cases that information may have been deleted or secured behind restricted-access (like a private Facebook page) accounts.

Anything posted here is the opinion of the retrospective author and any content shown is to be considered "fair use" and posted for educational purposes only.

Note to authors: Please begin each post with the original date of the event being documented in the format of YYYY.MM.DD (i.e. If the event being recorded happened on March 15th, 2015 and today's date was August 8th, 2018 the beginning of the post's title would be 2015.03.15 and not 2018.08.08) so readers can use the Chronology page to find specific information. Please use appropriate tags when possible for the same reason.

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Sunday, October 22, 2017

2017.10.22 Ken "Whit" Whitman Strikes Back Online at the Tavern

2017.10.22 Ken "Whit" Whitman Strikes Back Online at the Tavern
This afternoon we discovered that Ken "Whit" Whitman had either a late night or early morning blow-out online. Basically he's gone back to some tired tropes of claiming innocence, alleging he's still working on his Kickstarters, and threatening legal and/or law enforcement on people he thinks are doing him wrong.

The great part about this morning's actions is that none of these things are new.

There are two pertinent posts over at Tenkar's Tavern. The first is this wonderful post about Ken "Whit" Whitman using his blog's contact form to send a threat/notice. Clearly the man does not understand the Doctrine of Fair Use when it comes to copyright law, and then there is the fact that the overwhelming amount of content he is claiming infringement on isn't his to claim a violation on. We don't have a lawyer on our staff here at Not Another Dime (for Ken Whitman), but our editor has actually taken classes on copyright law and there are enough (legit) resources out on the internet that your average 5th grader should be able to tell that we clearly fall under the Doctrine of Fair Use.

Anyway, the second post you'll want to scroll through is this one, which we've linked to in the past. Don't read the post straight from the Tenkar's Tavern url because you'll miss the comments, which is what we want to chime in on. Since people can delete their posts, and Ken "Whit" Whitman has made it a bit of a habit to delete content after-the-fact, we wanted to get this down for posterity.

Ken "Whit" Whitman Infers Libel

Jolly Blackburn (Initially quoting Ken Whitman)""I can only hope that they contine to pursue these fakes and find the people who ruin fandom for the little guy. "

Dude, you're standing RIGHT THERE."

Ken "Whit" Whitman "And your point being? Oh... you're suggesting I am the one who created the fraudulent product. Why not suggest I rape people? Or have murdered someone?! I mean all is possible when you just make stories up and pull it out of thin air. 

Hell you guys are less accurate and less entertaining then FOX news. 

I use to worry myself about you Jolly, now I just pity you. What a dark vile man spending hours hating me. Creating misinformation about me so you can get people to troll me and make my life hell.

You all define yourselves by what you hate, not what you love. When I look at some of you on facebook, its I hate this, and I hate that, and blah, blah, blah

Many of your trolls hide behind fake names, your paper puppy army has no power over me. Not any more at least.

I am rebuilding myself slowly, from the bottom of the barrel. A place you tried to keep me. And you know what, I forgive you. 

Now excuse me, As I pull my self back up buy my own shoe laces."

Now, to us, the most interesting part of this exchange is that Ken "Whit" Whitman seems to have missed the point and went off on a tangent and building a case for what could be (quite badly) argued as libel. The fact that Ken "Whit" Whitman went off on this tangent regarding "Oh... you're suggesting I am the one who created the fraudulent product." is interesting and feels, at least to us, as being some type of Freudian Slip.

Our interest, well....at least mine as the author on this post, was really on the last half of Jolly's chosen quote of Kenny's "find the people who ruin fandom for the little guy." This is the major reason that Not Another Dime (for Ken Whitman) exists. Fortunately for everyone involved Jolly Blackburn reiterates what he meant by sharing that quote: "Ken I'm suggesting you've made it a career of ruining "fandom for he little guy". Check your six kickstarter comment pages sometime to see what I mean. You DO remember you ran six kickstarters and never delivered. Right?"

This comment is factual. Jolly is expressing an opinion and Ken "Whit" Whitman has, in fact, not delivered on his last six Kickstarters. We'd argue the number is actually larger based on his involvement behind the scenes of some other Kickstarters that we've reported on in the past.

Of course Kenny's response is interesting.......
"I know EXACTLY what your suggestion, and using this thread to deflect the Libel for another question. 

You don't get to pose a question, your not in charge. 

You STRAIT up suggested I was the one committing Fraud. 

But to answer your question: I do remember my Kickstarters, I deal with them every day. Do you remember what its like to write inventive funny stories? Kind of hard to do so when you full of vile and hate. 

I don't know much, But I know you spend at least an hour a day thinking about the hate you have for me. I have forgiven you. Now as I said, back to rebuilding my life. 

Haters gonna hate. Lovers gonna love. "

So the odd tangent that Kenny created that went far off topic, the topic that Jolly specifically came back to, does appear to be a fabrication for the intent of claiming libel. We'd like to think that if there is one thing we've been able to get Ken "Whit" Whitman to understand over the course of the last couple of years it is the difference between Libel and Slander. From a legal perspective we'd say he's still so far off the mark, but at least he's using the correct term for once.

Now if we can set a new goal for training Ken "Whit" Whitman in the use of the English language it will be the difference between implying and inferring. In this case Ken "Whit" Whitman inferred that Jolly Blackburn was making commentary about faking memorabilia, but Jolly clearly didn't imply that Ken "Whit" Whitman was a fraud, much less "STRAIT up suggested I was the one committing Fraud". How do we know this? Because Jolly went ahead and clarified exactly what he meant with his statement.

That Kenny is still clinging to the fraudulent activity of creating fake memorabilia, goes well past Freudian Slips......

.....and yes Kenny, THAT is an implication.

Later on Kenny hits us with this gem:
Ken "Whit" Whitman's MO is the Truth?
"My M.O. is to tell the truth based on the information I have today.

To all my Haters, Use the court system."

First off, there are enough examples here on this site to tell that truth is not a tool in Ken "Whit" Whitman's toolbox. That might not be true as we're willing to bet that Kenny tells the truth when it suits him. Our examples are just those times he hasn't been truthful, and there are many.

As far as using the court system, this is comical in that over the years Ken "Whit" Whitman has used this as a defense of sorts. The logic, however flawed, is that he's done nothing wrong because he hasn't been arrested, sued, and convicted. From a legal perspective (again, we aren't lawyers) he has a point because he hasn't been charged (that we know of), much less convicted. We do suspect some of this is because people don't want to throw good money after bad (i.e. go through the expense of suing Ken "Whit" Whitman because why spend hundreds or even thousands if he only scammed you out of $500?), but the various moves and even his name change probably is a factor as well.

On the flip side, however, is that Ken "Whit" Whitman hasn't used the "court system" to go after all these people (NAD included) that he feels have done him wrong. Jolly Blackburn couldn't have committed Libel because Kenny hasn't used the court system! All the threats of using the FBI to go after his "haters" are just threats because, by Ken "Whit" Whitman logic, his "haters" have done absolutely nothing wrong.

Ken "Whit" Whitman's legal logic is.....interesting. While we won't claim to be a lawyer....

Ken "Whit" Whitman's Legal Lesson for the Day
"Civil & Criminal law are two very different things. And it's about what one can prove, not what one believes. 

Many people believe the story's made up about me, yet there is no proof an 95% of these stories. If you search my history... never been to jail, never been taken to civil court, just an average joe. 

So why no Fraud

Because fraud requires Mens rea, which is hard to prove when someone spent a majority of the money producing a product and then running out of money. Had I a crook, I would have taken said money and done nothing with it, but have a good time. I spent the majority of it producing product. My only crime is being a bad business man and running out of money. ZOE Entertainment, who we all agree is a great company, ask $450K for a 90 min movie. I, being a novice only asked for $120k to produce 120min of film. And to make matters worst, I have had trolls follow me around making it hard for me to live, hell I was nearly homeless and people were telling me I got what I deserved. 

Still I get death threats, and so on. But you know, I try not to live in fear to much. However, I do report people to the FBI, which no one will do a thing about, just like they wont come after me for fraud. 

I hope that answers your question, and keep the faith! "

Wow......we do like how he spouts off his rationale for why he isn't committing fraud and then wraps the comment up with a plea for sympathy ("Still I get death threats, and so on.") and a threat ("I do report people to the FBI").

We're pretty tired of Kenny's BS, so we'll just leave this here and step back.

Ken "Whit" Whitman to Fulfill his Kickstarters?
"Whats funny is that all of you are so blinded by being the WHITE KNIGHT THAT PROTECTS EVERYONE for Ken Whitman that you don't see the laws you break to attack me, on line, where I work. The shit you guys do is just ILLEGAL as hell. But everyone believes they are the good guys. Even the KKK thought they were white nights hiding behind masks. Your mask are just fake internet profiles.

I am not moving, You know where I am. I have nothing to hide or run from. Im no longer afraid of this paper army or white knights. 

Now, please excuse me, I have a business to grow so I can afford to finish my kickstarters. "

"@ Jolly... Yes

@Will.... You act like I have been hiding because that the ONLY reason you can fathom that no one has ARRESTED me or got me for FRAUD. How about its because I'm Innocent of Fraud. How come thats not a possibility? Your black & with view of the world shows your IQ. 

As, for Jolly, his Black & White pictures he paints for you guys about me, you drink it down like Kool-aid from Jim Jones, only Jollys cool aid is anger and vile. 

Everyone needs to be the hero. Jolly is no hero"

"Oh wait. What if the story I told was ALL true. Would that blow your little minds?!

The bad part of this, well at least for me is, when it comes out to be true... someone will say. 

Well thats what you get KEN for being a fraud yourself. And to that guy I say... Fuck you. And if you wish bad things upon people... then fuck you too. Have a great day!"


5 comments :

  1. Hypothetically speaking, an individual would find it expensive to sue Ken Whitman, but a corporation that feels it was wronged, or several individuals banding together in a class-action lawsuit, would find it much much easier.

    Like I said earlier, we would finally get something out of these Kickstarters: an exciting live-action RPG called Laggards and Lawsuits...

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  2. What the f#uck happened to Spinward Traveller??? I dropped about 50 bucks on that.

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  3. Just to add to Whitman's assertion that fraud requires intent.

    Whitman is correct in that fraud requires intent BUT, what Whitman conveniently neglects to mention is that "The requisite intent under the federal mail and wire fraud statutes may be inferred from the totality of the circumstances and need not be proven by direct evidence." United States v. Alston, 609 F.2d 531, 538 (D.C. Cir. 1979), cert. denied, 445 U.S. 918 (1980)
    A more complete discussion about fraud and intent at:
    Office of the United States Attorneys, 949. Proof of Fraudulent Intent:
    https://www.justice.gov/usam/criminal-resource-manual-949-proof-fraudulent-intent

    " Thus, intent can be inferred from statements and conduct. United States v. Cusino, 694 F.2d 185, 187 (9th Cir. 1982) (citing United States v. Beecroft, 608 F.2d 753, 757 (9th Cir. 1979)), cert. denied, 461 U.S. 932 (1983). "

    So Whitman's claim that one would have to prove that Whitman 'really meant ' to commit fraud, like in his mind" to be legally guilty of fraud is ABSOLUTELY WRONG and another Whitman lie.

    Doing things like representing to people that the Kickstarter projects were being run by a business named d20 Entertainment LLC, that was never registered or legally existed and just used to make things seem legit, is more than enough to infer fraud and fulfill the legal requirement for intent for fraud. (One may wonder how Whitman files taxes for a company that does not exist; of course, anyone here would not at all be surprised if tax evasion on the $170K+ that Whitman raised was another crime that Whitman is guilty of.)

    Just as a note, to prove d20 Entertainment LLC never legally existed, I hold the name reservation in the State of Kentucky, which I could not do if Whitman had ever registered the company. It also prevents Whitman from filing the company at a later date and trying to use it as a corporate shield to limit liability, I hold a name reservation on that name.

    Whitman's mode of operation on all his cons is to do everything possible to cast doubt and confusion on his marks in an effort to convenience them that Whitman does not meet his 'legal definition' of a crime, which helps him get away with the cons and commit more in the future.

    Louis J. Desy Jr.

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