"Lieutenant X" Admits False Advertising

[Sam Browning]

But since he is threatening legal action you might want to take a picture of his website especially that endorsement from that mysterious LEO.

[golok]

Already done that. I wasn't born yesterday.

What are his options with regards to defamation? Other than my statement of my opinion that his testimonials are false, there's nothing on that thread that he hasn't already admitted to.

[datdamnmachine]

This is beautiful, usually I come in on the ass end of an investigation, I can't wait to see this through. My legal knowledge is crap but I do know google caches webpages. I'm not sure how you would get the information but it would give you a timeline of his online forum posting activites...then again, you did say you are the forum admin so you probably already have that. But, then again, having that information from a third party as well always helps.

[Sam Browning]

Well anyone can file a lawsuit. He'll claim that the following is false and damaging to his reputation.

1) he is not whoring the art.
2) He is not Lt X.
3) He is not a liar, at least in regards to this training program.

Of course, he'll have to produce Lt X, in the flesh sooner rather than later, and he'll also have to spend at least $5,000 up front for legal counsel to file this action. He'll also have to sit in a room for at least seven hours with your counsel and answer questions about where he trained, with whom, where he got his material from, etc, etc.

He could do this but if he lies under oath he's opened himself up to all kinds of interesting penalties.

So the ball is in his court.

BTW there does not appear to be a section 18 USC 318 or 319 of the Federal Code.

[golok]

But if you look at the thread, he's admitted that Lt.X is a fabrication:

[Sam Browning]

So he would have to argue that even though LT X does not exist, he has not lied about other matters, that would be a difficult sell.

[golok]

Well, *I* wouldn't believe it. But a judge might be more sympathetic. Ha ha.

What about impersonating a police officer? Would he not have to produce "Matthew Granger, Newark SWAT Team Leader?" If he can't produce him, would his use of that false testimonial be impersonation of a police officer?

[Sam Browning]

If you can get me the text of the New Jersey statute, I will analyse it.

[GoldenJonas]

I won't reprint the whole USC sections but here are links to some of the more relevant ones for this purpose.

TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 47--FRAUD AND FALSE STATEMENTS

Sec. 1037. Fraud and related activity in connection with electronic mail

http://frwebgate5.access.gpo.gov/cgi...ction=retrieve

there is also this

TITLE 15--COMMERCE AND TRADE

CHAPTER 103--CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING

Sec. 7704. Other protections for users of commercial electronic mail

(a) requirements for transmission of messages

(1) Prohibition of false or misleading transmission information

http://frwebgate4.access.gpo.gov/cgi...ction=retrieve

You can also check under the Unfair and Deceptive Trade Practices provision of the USC under Title 15, Chapter 2, Subsection 4.

[Phrost]

Screenshots please.

[OnceLost]

What about impersonating a police officer? Would he not have to produce "Matthew Granger, Newark SWAT Team Leader?" If he can't produce him, would his use of that false testimonial be impersonation of a police officer?

I hate to say this, but not necessarily. Most impersonation cases I'm familiar with involve a victim who was duped into submitting to the presumed authority of a false LEO. That said, it's different in Florida and New Jersey. Check the statute below, Sam B., but it looks to me like someone would have had to have "acted in reliance" upon the represention by the cop...

The best I found in NJ Penal Code was the following:

2C:28-8 Impersonating a public servant or law enforcement officer.

2C:28-8. Impersonating a public servant or law enforcement officer.

a.Except as provided in subsection b. of this section, a person commits a disorderly persons offense if he falsely pretends to hold a position in the public service with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

b.A person commits a crime of the fourth degree if he falsely pretends to hold a position as an officer or member or employee or agent of any organization or association of law enforcement officers with purpose to induce another to submit to such pretended official authority or otherwise to act in reliance upon that pretense.

L.1978, c.95; amended 2000, c.110.

Here's the link:
http://lis.njleg.state.nj.us/cgi-bin/om_isapi.dll?clientID=23117820&Depth=2&TD=WRAP&adv query=impersonating%20&depth=4&expandheadings=on&h eadingswithhits=on&hitsperheading=on&infobase=stat utes.nfo&rank=&record={1843}&softpage=Doc_Frame_PG 42&wordsaroundhits=2&zz=

[GoldenJonas]

Screenshots please.

Me? Of the USC sections?

(looks for screenshot button on mouse or keyboard and then scratches head)

[Sam Browning]

b. or otherwise act in reliance upon that pretence is a possible fit, but its very attenuated because the recommendation does not even address a specific person. Its just an endorsement aimed at a class of people. Best to stick with the federal statutes dealing with misrepresentation over the internet.

[Sam Browning]

Me? Of the USC sections?

(looks for screenshot button on mouse or keyboard and then scratches head)

I think Phrost's talking about what has appeared on the other forum.

[GoldenJonas]

Good, because whacking my keyboard on my desk wasn't working.