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-   -   MUST READ! iBill say's sorry for shutting FrankiesAngels Off! (https://gfy.com/showthread.php?t=75313)

J.R. 09-04-2002 01:34 PM

MUST READ! iBill say's sorry for shutting FrankiesAngels Off!
 
(In regards to the Michigan Attorney General's Complaint
file regarding Child Porn filed against Frank B. of Frankies Angels)


September 4, 2002

Dear iBill Client:

As you are well aware, on August 26th, 2002, the State of Michigan,
Department of the Attorney General served a cease and desist letter upon
Internet Billing Company, LLC and its publicly traded parent corporation,
InterCept Group, Inc. (ICPT). The subject matter of this letter included
one URL wherein the Attorney General indicated that it verified minors as
being depicted in sexually explicit activity.

In addition, the Attorney General noted that a URL owned/operated/maintained
by your organization may also be involved in what they labeled as the
distribution of child pornography. If this was the case, iBill would be in
violation of Michigan State law, Federal Law, Florida State Law, and all
card association rules and regulations if it knowingly provided services to
the URL. In response, iBill immediately blocked access to the iBill
Interactive Service, requested model age verification, and requested
clarification from the State of Michigan as to which models were underage.

The State of Michigan as of today's date has not clarified its cease and
desist letter. iBill is in receipt of what it deems enough information to
rebut the State of Michigan's claims in so far as they relate to the URL
(frankiesangels.com). This being the case, iBill has re-activated your
account, and apologizes for any inconvenience that this may have caused.

Should you decide to attempt to remedy any damages caused by the State of
Michigan, iBill shall assist in any manner it deems appropriate.

Regards,

Edward Kennedy Cherry
VP Legal Affairs
iBill

Sly_RJ 09-04-2002 01:38 PM

Has he already been looking into a law suit?

Brown Bear 09-04-2002 01:57 PM

I would sue and sue and then sue some more.

ControlThy 09-04-2002 02:01 PM

Yes this would be a nice case.
Sue them and get some nice dollars out of it.

It will hopefully teach them not to just open their big mouths when they have no evidence at all.

WiredGuy 09-04-2002 02:13 PM

Glad to hear that iBill is apologizing for shutting the site down and they are willing to help and co-operate to collect on damages against the State of Michigan. Good move iBill.

WG

Sly_RJ 09-04-2002 02:14 PM

Quote:

Originally posted by ControlThy
Yes this would be a nice case.
Sue them and get some nice dollars out of it.

It will hopefully teach them not to just open their big mouths when they have no evidence at all.

I would sue just to make the fuckers think twice next time before defaming and damaging a legitimate company.

ronin 09-04-2002 02:20 PM

Quote:

Originally posted by WiredGuy
Glad to hear that iBill is apologizing for shutting the site down and they are willing to help and co-operate to collect on damages against the State of Michigan. Good move iBill.

WG

iBill does ok. good job. i like to see that shit!

J.R. 09-04-2002 02:45 PM

Yes, he is going after these people.

They tried to destroy his name, reputation and company.

THEY WILL PAY FOR THIS ONE! :BangBang:

ronin 09-04-2002 02:47 PM

make them pay. :BangBang:

ServerGenius 09-04-2002 03:01 PM

good work iBill? They shouldn't have shut down the site in the
first place....there was reaction for days....they acted like nothing
has happened......yes of course company policies...blah, blah
bullshit....

An email from the VP Legal affairs and people cheer good work
iBill? Unbelievable.....I may be a very small guy BUT NEVER EVER
IN MY LIFE would I trust a company like iBill with a single dollar.

People do not forget this is just 1 of many fuck ups iBill made
recently.....there is still the dialer issue running which Steve
addressed and I don't even mention all their tech drama.

What do you have to say to that iBill?

DynaMite

Wiredoctor 09-04-2002 03:14 PM

Fuck ibill. Those cock suckers should not have shut down the site without any proof. It is ibill that should be liable for damages not the state. All the state did was make an inquiry to ibill, ibill was the ones that shut him down and are the responsible party. Or maybe both ibill and the state, but definately ibill.

Just my 2 cents

Mr.Fiction 09-04-2002 03:32 PM

This is a step in the right direction. As someone said, they should never have shut down the site in the first place. However, it appears that they are offering to help him sue the Michigan AG, which is a nice offer if it's real. This decision by iBill is good for the industry. Even if it took them a week to make the decision, it is the right decision.

Someone on this board posted about a defense (or offense) fund for Frank B. Does anyone have further information on donating to that fund?

jimmyf 09-04-2002 03:52 PM

if frankiesangels.com does not have a law suit in the works against "ibill" and the "state" they better get another lawyer.:2 cents: ASAP...said it many times just wait and watch...ibill is a total fucked company, you'll be reading about another screw up within 2 months.....I'll give you 10 to 1 odds the person that shut the site down did so without talking to the legal Dept.

FATPad 09-04-2002 03:54 PM

iBill could fuck up a cup of coffee.

scoreman 09-04-2002 04:10 PM

The initial letter from the Michigan AG listed only one site has having child porn (not Frankies) and it also listed a group of sites that "May Have" child porn. There would seem to be a Qualified Immunity issue that could bar suit. The AG was acting in a governmental capacity (arguably this is not the case because this was a thinly disguised election year stunt), but nonetheless Frankie and others may have a long road to hoe in suing the government. The standard for qualified immunity is "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." By couching their terms in a "May have" fashion, this is no slam dunk.

My advice would be to pick yourself up off the ground, dust yourself off and get back to the business of devising and implementing profitable long term business models. Sure, attorneys will jockey for position to get you to retain them to sue, but IMO this only compounds your losses. The prospect of a decent ROI for the hiring of counsel to throttle the AG is bleak IMO.

ronin 09-04-2002 04:13 PM

Quote:

Originally posted by jimmyf
[B]...ibill is a total fucked company,
for you, they pay me, thats what matters. :321GFY

FATPad 09-04-2002 04:17 PM

Quote:

Originally posted by ronin


for you, they pay me, thats what matters. :321GFY

How's your web900 money?

JadeMarxxx 09-04-2002 04:19 PM

Hi everyone, I'm Jade, Frankie's girl, and we just wanted to say thanks for all the advice and support we've gotten on this board. We're finally able to process members today, and our attorney has done a fantastic job so far helping us in with all of this, we'll keep you posted. Thanks again!

Daymare 09-04-2002 04:26 PM

Quote:

Originally posted by JadeMarxxx
Hi everyone, I'm Jade, Frankie's girl, and we just wanted to say thanks for all the advice and support we've gotten on this board. We're finally able to process members today, and our attorney has done a fantastic job so far helping us in with all of this, we'll keep you posted. Thanks again!
Show us your tits.

JadeMarxxx 09-04-2002 04:31 PM

I wish I could, but I'm new to this and I don't know how yet, sorry!

Daymare 09-04-2002 04:33 PM

Quote:

Originally posted by JadeMarxxx
I wish I could, but I'm new to this and I don't know how yet, sorry!
It's a GFY rule.
Show us your tits; or go fuck yourself. (if you actually do go fuck yourself, video tape it and show that to us instead)

ServerGenius 09-04-2002 04:38 PM

Quote:

Originally posted by pornopete


According to the letter IBill was acting based on a government document that was implying that they had evidence that frankiesangels.com contained child porn.

I say its a good thing for the industry that frankiesangels.com was shut down (at frankiesangels expense). If frankiesangels should choose to pursue legal actions against the State of Michigan it will send a message that you best are sure before pointing the finger.

The state not only interfered in their business causing lose of profits they also labeled them as child pornographers. That is slanderous.

IBill may also have a case against them. It did cause them a loose of profits.

Implying evidence is not the same as having/showing evidence.
The site was shutdown first. iBill should have AT LEAST taken
the time to notify Frankie with the situation and asked if Frankie
could provide any documentation in order to proof that the claim
was false.....

It's going to be witch hound if people could send in letters
without any hard evidence and that iBill is just shutting down sites.
It's a complete fuck up I cannot come up with a more appropriate
term.

DynaMite :2 cents:

JadeMarxxx 09-04-2002 04:39 PM

Wow, tough board! Like I said, I don't know how yet, but if you look me up on Yahoo or Google, I'm sure you'll find more than enough of my tit's, kitty, getting fucked, etc.

Daymare 09-04-2002 04:41 PM

Quote:

Originally posted by JadeMarxxx
Wow, tough board! Like I said, I don't know how yet, but if you look me up on Yahoo or Google, I'm sure you'll find more than enough of my tit's, kitty, getting fucked, etc.
LOL

Daymare 09-04-2002 04:42 PM

FELONY FELLATIO Stars Kylie Brooks, Jessie Jordan, Jade Marxxx

you must be proud!

Daymare 09-04-2002 04:42 PM

No offense intended. But that's funny.

JadeMarxxx 09-04-2002 04:46 PM

No offense taken!

wonton 09-04-2002 04:56 PM

http://www.jillkellyproductions.com/.../pretty/16.jpg

:)

JadeMarxxx 09-04-2002 04:59 PM

Thanks Wonton! :)

quiet 09-04-2002 05:00 PM

i received the same email. i'm just glad frankie's site is able to process again (regardless of the other issues), and that ibill is now on his side.

archer 09-04-2002 05:07 PM

whatever happened to the concept of 'innocent til proven guilty'

an attorney general uses mccarthyite tactics on the hot button of child porn and ibill rolls over and plays dead.

the site never should have been shut down in the first place. what ibill should have done is very simple: ask the webmaster for his age verifications and asked michigan which models were violating the statute.... and then having got all the information should then have acted.

now having ibill is saying 'oops, sorry about that' but it wasn't our fault that we overreacted... we're gonna pass the buck and say it was someone else's fault. we'll help u in any suit against michigan but of course its on your own tab.

what they could have done is average out the site's lost revenue and paid the webmaster.

of course that would set a bad precedent of being fair and nice. and of course ibill wouldn't want any positive pr.

shame on ibill:ak47:

chodadog 09-04-2002 07:09 PM

I have to say, i was absolutely disgusted at the way iBill initially handled this. But, saying that, it is good to see that they're on the right side now. Sure, it doesn't entirely make up for their fuckup, but they're doing the right thing now.

Let's just hope both Frankie and iBill can get more than a few dollars out of Michigan for this one. :winkwink:

Gemini 09-04-2002 07:39 PM

Scoreman said it... sueing Michigan won't happen. Alot of if not all states must pass a resolution or whatever thru the legislature to even ALLOW a lawsuit to move forward against said entity.

Asking for a publicized news article retracting the statement (after frankie looks it over BEFORE its published) and a personal apology is about the best he could get. IF he could get that. They *might* pay some hush money errr some cash to offset his losses form the business being down st their behest but that would be it.

Brad Mitchell 09-04-2002 08:11 PM

Quote:

Originally posted by Mr.Fiction
This is a step in the right direction. As someone said, they should never have shut down the site in the first place. However, it appears that they are offering to help him sue the Michigan AG, which is a nice offer if it's real. This decision by iBill is good for the industry. Even if it took them a week to make the decision, it is the right decision.

Someone on this board posted about a defense (or offense) fund for Frank B. Does anyone have further information on donating to that fund?

Hey man... save your pennies for my future legal defense fund. I keep waiting for the Christians to appear on my lawn here... although I suppose my attorney general might appear first.

Brad

J.R. 09-04-2002 10:20 PM

Well, I am really glad that you all have read my post!

What Up Jade...


Frankie and Jade are great people, we love them :)
Frank is a top notch businessman and it really pissed
me off when all this went down.


Thanks for supporting them.. I know they appreciate it!

I know that Frankie will do the right thing and
make a point to the people who caused this mess.
This MESS represents all of us!

Take Care,

Joel Raes
www.wantboobs.com

Kimmykim 09-04-2002 10:27 PM

Getting a letter from an AG saying they intend to pursue legal action if a site isn't closed is not the same as a state coming forth with a legal action.

Suspending a sites operations with basically no proof and with no attempt at finding out from the site owner if they are indeed in compliance with the law -- IF that is what happened, and that seems to be it from what I have read -- is a crap thing to do.

Sly_RJ 09-04-2002 10:33 PM

Quote:

Originally posted by JadeMarxxx
I wish I could, but I'm new to this and I don't know how yet, sorry!
Hmm... I just realized I have tons of exclusive pictures and videos of you on my hard drive.

I have a video of you with another hot little blonde in a hot tub. Remember that?

Chris R 09-04-2002 11:13 PM

Quote:

Originally posted by Gemini
Scoreman said it... sueing Michigan won't happen. Alot of if not all states must pass a resolution or whatever thru the legislature to even ALLOW a lawsuit to move forward against said entity.

Asking for a publicized news article retracting the statement (after frankie looks it over BEFORE its published) and a personal apology is about the best he could get. IF he could get that. They *might* pay some hush money errr some cash to offset his losses form the business being down st their behest but that would be it.

Exactly, if you are ever going to get beat up by cops, make sure it is county and not state cops.

states have immunity (11th ammendment) - counties don't.

The ONLY thing you can sue a state for is something they ALLOW you to do (for example - most states will ALLOW you to sue them for auto torts - a police car hits you - you can sue) or constitutional violations.

The only thing you could sue for is if they violated your constitutional rights - such as first ammendment.

Then you have to prove that the person doing so KNEW that it was unconstitutional when they did it.

This is not easy to prove. It is almost unheard of for a judge or prosecutor to get sued successfully.

The only case I remember for a judge - was a judge that had the guy that sold him a cup of coffee arrested and brought in front of him, cause he didn't like the taste.

For a prosecutor - it was a attorney who went ecpert shopping until he found someone who would lie on the stand to say a BOOT PRINT matched a DEFENDANT - based on the print only - which is obviously impossible.

I HOPE that he WOULD win in any suit against the state, but the chances are extremely unlikely.


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