Monday, April 14, 2008

Kimkins Facing Criminal Charges Next?

The Sam Redman character recently visited LCF to lecture us on why the Class Action Lawsuit against Kimmer is without merit. Among a lot of other verbiage, he said in a post:

"There must have been an intent to deceive. But, it could be well argued that she used the creative photos and testimonials... not to deceive, but to convey the truth.

If her "intent" (a very important distinction) was instead of misrepresenting the benefits of her program, but instead to provide prospective dieters with a true picture of the results that such a program can accomplish then there was no "intent to deceive.".

Here we are really talking about what was in Heidi's mind... did she believe that what she was offering was honestly a way that enabled a good weight loss program?

Her historical postings show that she really was a "believer" in what she was describing and because of that ingenuousness, then the legal concept of "scienter" comes in to play.

It's a legal distinction called "guilty knowledge," which often has to be proven convincingly before a judgement (or conviction) can be obtained. I think this is where Diaz is on very strong footing legally."

Sam Redman might be surprised. Anipomini provided a link today to a very similar case where criminal charges for fraud were filed:

Deputies raid Lakeland home

This case involved the sales of products rather than "lifetime memberships" but otherwise they are eerily similar.


Nancy Ellyn said...

Another astute post! Eerily similar, indeed!

Anonymous said...

OMG Sol, I think that man in custody must be Kimmers evil twin brother!!!

yes lcfSam Redmond might be surprised. But I still think he is Heidi (or one of her socks) especially since he enjoys discribing her as 'ingenuous' and lavish other buttkissitude type of adjectives all over her.

good post!!!

C.S.I. Yucky said...

uh we were gonna rant at length about SR and his vast & superior intelligence / wisdom / knowledge of the Law and yaddayaddayadda but decided we can sum it all up pretty good in just one word -- "pfffft!"

MrsMenopausal said...

"pffft" lol

It warms my heart to see that those who have taken advantage of someone's needs and/or dreams and used them for profit are being held accountable and brought to justice.

It looks like SR was wrong.(gasp!) It really isn't acceptable to lie, and use fraudulent advertising methods to line your pockets with the hard earned cash of those in need.