November 7, 2012
Greetings good people
First let me say that for everyone that has been served a subpoena by Kenneth Bell you would be wise to consider the following: first you may be giving up valuable rights by not responding to the request. That in not saying you need to provide the requested documents but rather you need to retain competent legal counsel.
The attorneys for Fun Club USA are ready and willing to assist you for a simple and reasonable flat fee of $300.00 but you can also respond in what is known as a Pro Say motion where you represent yourself. I can also tell you that it is likely the method you received your requests were not proper and would not be recognized by the court as so, for example what proof does the receiver have that you received the request?
I have received a request and it was served on our attorneys which is proper, but it is our position that the receiver request is objectionable because, it seeks documents related to matters traditionally discoverable only post-judgment. Specifically, the Subpoena seeks the discovery of documents relating to Respondent’s personal financial information, including bank accounts, investment accounts, trust accounts, savings or credit union accounts, certificates of deposit, future interests, life estates, etc. when, not only is there no judgment against Respondent, there is no basis for any claim against Respondent and there is no basis for any claim that Respondent is liable to any person or entity for any conduct in connection with the Subpoena or the receivership.
I can advise you on what you should do but if you would like to see the filed response to Kenneth Bell I have provided a PDF file for you to view.
OK, I don't have a copy of the subpoena Ken Bell sent out but a summary was posted over at BehindMLM:
All documents constituting or relating to:
1) Any communications involving or related to RVG or any affiliate, vendor, customer or client of RVG
2) Show all user names, passwords, email addy and accounts in connection with RVG
3) any communication between you and Paul Burks
4) performing any work or giving assistance, advice or counsel to RVG as an employee, ind contractor, vendor or agent of RVG
5) any employment or other contract or agreement between you and RVG or any salary or compensation received
6) contract or agreement or governing rules or terms between you and rVG as customer, affiliate, agent or vendor
7) any financial transactions of any kind between you and RVG, show all payments made to and from RVG and the account and use renames to which each payment relates
related to the placement of ads
9) related to the recruitment of any person to join or participate
10) related to sale, gift, transfer or assignment of bids to be used
11) any financial statements describing your financial assets or liabilities, including seeking a loan, mortgage, or other form of financing or credit at any time jan 1, 2010 to the present
12) your bank accounts, investment accounts, trust, savings or credit union, CD or other from jan 1 to now
13) relating toa ny and all future interests, life estates, or right or power exercisable by your or for your benefit jan 1 to now
14)relating to your purchase, sale or ownership of any auto, trucks, trailers, or other motor vehicles jan 1 to now
15) purchase, sale or ownership of boats or boat motors jan 1 to now
16) purchase, sale or ownership of office equip, furnishing, inventory or supplies jan 1 to now
17) purchase, sale or ownership of households items or furnishings, audio, video, or computer jan 1 to now
18) jewelry, watches, furs, firearms, sports equip, or photo equip jan 1 to now
19) anything not listed above, purchase or sale of anything more than $1500
20) any and all of your interest in insurance policies and annuities Jan 1 to now
21) any and all interest in IRA, ERISa, Keogh or other pension or profit sharing
22) purchase, sale or ownership in any stock, bond security, negotiable or non negotiable interest, financial instrument interests in incorporated or unincorporated businesses, associations or trusts
23) any and all interests in partnership, joint ventures, or LLC belonging to, owned or possessed by you
24) any and all purchase, sale or owner of any real properly
25) 2009, 2010, 2011 federal and state tax returns
26) all documents no produces in response to one of the previous requests that relate in any way to RVG, Zeek rewards, Paul Burks, Dawn WO, or any other employee, agent, affiliate, customer, consultant or agent of RVG
All above from Jan 1 2010 to present
OK, so Robert's attorneys objects to the subpoena. I can't gauge the legal merit of the objection but let's assume for the moment it has some, all that would mean is that Ken Bell goes back and writes a more carefully worded subpoena. The Fun Club fans are crowing that this will reopen Zeek or some similar balderdash.
But it occurs to me that even if this objection is sustained it would pretty much be an across the board deal, wouldn't it? If the judge were to rule that there is some defect with the subpoena it would apply to all of the 1,200 subpoenas sent last week and not just to Robert. If so, what exactly is the law firm of Alexander Ricks charging the Fun Club faithful $300 a head for?