Not so much a rumor, but speculation on our part, is that Ken "Whit" Whitman is not only fleeing from one or more suits, but trying to get out of Dodge because his expressed interest in Little Monsters Games & Comics, assuming he actually owns any portion of the company, could be in jeopardy.
With the spelling and grammatical errors that is Ken "Whit" Whitman's unique style, it looks like his work. Also, the fact that he posted this twice on two separate Facebook accounts (another classic from Kenny) must mean this is serious...
For the record, the graphic on the right is of several Facebook posts merged into one picture.
We also noticed he mentioned his Kickstarters, presumably so he can avoid even more suits by claiming that he's "working" on the Kickstarters, and just slow/late. Of course claiming on FB that he's working on the Kickstarters is kind of useless since he has clearly abandoned the projects since he hasn't checked in with his backers using a Kickstarter Update, on ANY of his six "open" projects, since 2016.
Anyone get a chance to ask Whitman when I can expect an answer to the complaint and summons?
ReplyDeleteAnybody know who the "new owners" are? Will there be some sort of a sale on surplus merchandise(assuming that this move has nothing to do with the service of complaint papers)?
ReplyDeleteI talked with Whitman by text messages for a while yesterday and asked if he wanted to settle. He did offer me twice what I myself put in plus I would not be allowed to join any other lawsuits or talk about the project for five years. There was no mention on his part on turning over the raw footage. I mentioned to him that if we didn't settle that he was going to need to file an answer plus I would have to start discovery, including tax returns for d20 Entertainment LLC and medical information on the ADHD and CTE that Whitman claims to have, to ensure his answers in discovery can be truthful and not a problem due to Whitman's claimed medical conditions.
ReplyDeleteWhitman tried to convince me that I should withdraw the lawsuit because he thinks that venue in New York State is not proper and that the Kickstarter terms of use do not apply to the KODT project as I cited to; however I recommended that Whitman research 'minimal contacts' for personal jurisdiction or more properly, specific jurisdiction where Whitman and I both used Kickstart in New York County plus with Kickstarter as a co defendant, New York State is the only place they can be reasonably joined as a co defendant with Whitman.
Whitman claims he is going to hire a New York lawyer, so when that happens I expect I will get an efile notification that Whitman would then be represent by counsel. Until then, I guess we will see what happens.
ReplyDeleteWhitman claims to me in the text messages that he never owned the store. Says that Marcus Kings unamed partner owned the store that Whitman worked at.
ReplyDeleteWhitman claims to have a minor in business law plus claims that I have to file in KY, but even if I do that he will just file for bankruptcy. (Of course, the raw footage is not his to keep, no matter what other things go on but Whitman just 'forgets' about that.)
Whitman also claimed I was texting him from another number at some point, which I find strange since I only use the same number as always. I suspect that maybe other people are texting Whitman from time to time and Whitman either can't remember who he is talking with or what ever else is going on with him.
I think that Whitman has so many people after him for so many cons that he has run over the last few years that he simply can not keep track of all of it anymore, not that I would think anyone would be able to keep track of so much.
At the moment I am expecting to have 200 to 300 exhibits plus discovery from 30 to 50 people and companies before the case is over, especially once it come out, with proof, that all of the money was co mingled in one big bank account.
Kenny wrote, "a full time career in the motion picture industry". So you could translate that as "full-time collection of money from the industry with false promises, and homeopathic amounts of effort towards fulfilling the stated goals..."
ReplyDeleteWe have to warn the whole motion picture industry (by any means) about Ken emerging in their midst, like that stinky Indonesian flower that smells like carrion.
As soon as Whitman files his answer to the complaint, I can start discovery.
ReplyDelete"Whitman claims to me in the text messages that he never owned the store. Says that Marcus Kings unamed partner owned the store that Whitman worked at."
ReplyDeleteWait...what?
So was Kenny and Marcus lying back them about Kenny buying the store, or is Kenny lying now about ever owning the store?
After all, he certainly made it clear that he 'owned' the store and was so proud of it and that it was a sign that no matter how hateful us pissants are, Kenny is always on the up-and-up and will always be a success.
Or something like that, but with more misspellings and lies.
Enjoy your 'success', Petey. You haven't changed since you were little.
Well, I am going to choose to believe that Whitman was telling the truth and did own the comic book store, since both he and Marcus put it out there in multiple messages online. As such, since the sale happened after Whitman was served, I am going to treat the sale of the store as a fraudulent transfer to avoid a judgement, making the store still an asset any judgement can be collected against.
ReplyDeleteIf anyone can contact the 'new' owner of the store, that person should be informed since Whitman should have informed any new buyer for the store.
Whitman said that if I went through with the case, that it was 'pointless' because he would just file bankruptcy.
ReplyDeleteHowever, there are two problems:
1: If the project can be proved to be fraud, that is NOT dischargable in bankruptcy.
2: Whitman would need a way to file for d20 Entertainment LLC but can't, since it never existed and can't even be filed for since I hold the name reservation. But at the same time, Whitman is personally responsible for the debts of d20 Entertainment LLC.
A note about any possible upcoming second suit. Whitman is sort of 'stuck' or 'pinned' right now. While he can disappear and not be found, a process server would just have to try to deliver in hand a number of times, and then just leave it at whatever address Whitman has in my lawsuit. ('nail and mail' it is sometimes called). If Whitman does not update his address for my lawsuit, then notices are valid if delivered to the address he got served at. In my lawsuit it is on Whitman to update the court and me of any changes of address for service of notices; which would also be good for any new lawsuits. (i.e. If an address is good for my lawsuit, then it would be good for any process of service)
ReplyDeleteOriginally, I was expecting to have to hire a private detective to track down and tail Whitman, who would then call in the process server to deliver the complain and summons in hand. Fortunately, things went much easier than that.
This is a 20+ year karma boomerang for one of the biggest scumbags in the gaming industry. If he had stuck to small-time cons he could have continued with his “gee shucks” lovable doofus act and people would have forgotten about it. But as most who get caught say “The money was too good”.
ReplyDeleteI did mention to Whitman a few times that 'this time you conned too many people all at once'.
ReplyDeleteIf Whitman has just kept the number of people conned to something like 30 or 40 at a time, then there would have been too few people following it for future marks to find out; but with a few thousand victims, there are just to many people talking about it for this to ever 'blow over'. The recent youtube video has something like over 100,000 views. At this rate a small percentage of the total population of the United States is going to have heard about Whitman soon.