#AZAudit Maricopa & Other Arizona County Election Audits - #CyberNinjas / Jovan Pulitzer / Fann / Birther Ken Bennett

[Chilidog]

Doug fired himself.

Response from Cyber Ninjas' Doug Logan's spokesperson when I asked why his attorney referred to him as 'former CEO' in court this morning.

"All employees have been let go and the company is being closed."

[LM K]

[Luke]

Wonder how Dougie's depo went yesterday?

Thursday, December 16, 2021
BREAKING: Cyber Ninjas' Doug Logan To Be Deposed In Election "Audit"/Public Records Lawsuit, Judge Adds CNI As Party
The election "audit" masterminds received a hard one-two combination today in the State Senate's ongoing battle to not turn over public records related to the process. Plaintiff American Oversight noticed out the deposition of head Cyber Ninja Doug Logan, for January 5. And, the judge also added Cyber Ninjas as a defendant in the lawsuit. Logan will be videotaped for the deposition, although he does not need to come back to Phoenix for it.

And, Superior Court Judge Michael Kemp agreed with attorneys for both AO and the State Senate that Cyber Ninjas should be added to the lawsuit as a real party in interest. This traces back to the apparent rift between State Senate President Karen Fann and Logan, as the parties are at risk of being held in contempt of court for not turning over key documents. Cyber Ninjas had asked to only participate in the case as an Amicus - a "friend of the court". Judge Kemp was not pleased with the attorney's (Jack Wilenchik's) request, given that he had already considered and ruled on the issues Wilenchik proposed to raise - "that records in the possession of CNI that have a substantial nexus to the audit are public records that must be
disclosed. CNI asks this Court to reverse a holding after special action relief was denied on August 19, 2021, on these same issues." Kemp notes that the Court of Appeals again denied those arguments last month, and that the Ninjas are simply an agent of the State Senate (and are thus not an independent party).

https://arizonaslaw.blogspot.com/2021/1 ... e.html?m=1

Some AZAudit porn. They don't seem thrilled with Dougie. Maybe since they got grifted?

► Show Spoiler

Rufus, [1/5/2022 7:07 PM]
[In reply to s. p.]
You should really read the Maricopa report. Oh man is Doug Logan incompetent. Didn't understand election law, election guidelines, what the EV32, EV33, MV34 and MV55 files were. Used a commercial database known for flaws. Only did soft matches. Quoted CISA cybersecurity recommendations that were published 4 months after the election and contradict AZ law. It never ends.

WAKING UP MAGA Today Chat (US Audit Watch), [1/6/2022 2:20 PM]
[In reply to Rufus]
$50K per day! Wow. Never mind. You're right. Doug isn't, but he could end all of this today if he would just start talking!

WAKING UP MAGA Today (US Audit Watch), [1/6/2022 3:14 PM]
[Forwarded from s. p.]
I think it is interesting that the Unemployed Clements takes it upon himself to release the names of the J6 Folks. He loves Doxxing People that don't want to be doxxed. He and his Scumbag Colleagues do this on the regular. Some of these People Just want to go on with their lives. What a Scumbag. Not Allegedly.

WAKING UP MAGA Today (US Audit Watch), [1/6/2022 3:14 PM]
[Forwarded from s. p.]
Scumbag Clements releases a List of People that have never Spoken to him or even know of him and he thinks it's Gods Will. When he finally gets what he deserves, along with all these Losers, It will be Awesome.

Rufus, [1/6/2022 4:58 PM]
CN gets a 50k per day fine for not releasing records to the Arizona Republic related to the audit. Logan has now said the Cyber Ninjas is being shut down and will no longer exist. WHAT OS HE HIDING?

s. p., [1/6/2022 5:06 PM]
Patrick Byrnes Explanation of how thing went down in Arizona is such a crock of Poop. Again why did these Clowns get into the W. House? We Know, it just pathetic.

s. p., [1/6/2022 5:07 PM]
[In reply to Rufus]
He gave a 33 minute blabathon about it last night. Preventive Measures Not working.

s. p., [1/6/2022 5:11 PM]
Understood. He goes on about Doug was overwhelmed and he Kept his distance so as not to make things look shady and.....Please. It's the same. He's a Drunk dude with Hep c and some severe mental Problems, Allegedly. He needs to admit his role in playing folks and sit his ass in a Corner. He's in his own Personal Snow Globe right now and it's raining Poop.

WAKING UP MAGA Today (US Audit Watch), [1/6/2022 5:29 PM]
[Forwarded from s. p.]
Understood. He goes on about Doug was overwhelmed and he Kept his distance so as not to make things look shady and.....Please. It's the same. He's a Drunk dude with Hep c and some severe mental Problems, Allegedly. He needs to admit his role in playing folks and sit his ass in a Corner. He's in his own Personal Snow Globe right now and it's raining Poop.

[RTH10260]

Question from an overseas IANAL: does US law allow a company to close and sneak away from oligations? In my corner of the world the last board of directors remains liable for anything that is pending at shutdown.

[Dr. Ken]

[bob]

does US law allow a company to close and sneak away from oligations?

The short answer is: maybe. It would depend on how the company was structured, and some essentially let the principals walk away.

I don't know the ex-Ninja's corporate structure.

[LM K]

Question from an overseas IANAL: does US law allow a company to close and sneak away from oligations? In my corner of the world the last board of directors remains liable for anything that is pending at shutdown.

Judge Hannah expressed concern that this is exactly what Logan is trying to do. He is seriously pissed, and said the fines will be levied against individuals if necessary.

The $50,000 daily fine imposed by Maricopa County Superior Court judge John Hannah far exceeds the $1,000 levy suggested by a lawyer for The Arizona Republic newspaper, which filed the public records lawsuit earlier this year. Hannah said the lower amount would be “grossly insufficient” to coerce Cyber Ninjas to comply with his orders.

Hannah said the $50,000 daily fine would begin accruing on Friday and warned that, if necessary, he will apply the fine to individuals, not just the Cyber Ninjas corporation.

“The court is not going to accept the assertion that Cyber Ninjas is an empty shell and that no one is responsible for seeing that it complies,” Hannah said.

He said there's been no evidence submitted showing that Cyber Ninjas is actually insolvent and noted that millions of dollars were donated to the election review. He also said the company could comply for very little cost by turning its records over to the Senate and allowing legislative lawyers to determine which must be publicly released.

Wilenchik maintains Cyber Ninjas is not subject to the Arizona public records law because it's a private company. Trial and appellate judges have disagreed, ruling that the documents must be released because the firm was performing a core government function on behalf of the Senate. The Arizona Supreme Court declined to take the case on appeal.

Wilenchik has asked to quit as the Cyber Ninjas lawyer because he hasn't been paid, but Hannah refused to approve until new local attorneys are in place to represent the firm. Two out of state lawyers, Jonathan Miller of Georgia and Mike Smith of Michigan, said they'll represent Logan as the former CEO, but Hannah said they couldn't participate in the hearing until they're given temporary approval to practice in Arizona.

Hannah's refusal to release Wilenchik prompted a tense exchange in which the lawyer said the judge has “shown an intemperate attitude towards me and my firm" and was biased against conservatives. He vowed to appeal.

A spokesman for Cyber Ninjas, Rod Thomson, did not immediately respond to a request for comment on the judge's ruling.


Maricopa County Superior Court judge Jack Kemp on Thursday denied Wilenchik's request to withdraw from that case as well. He said he won't consider granting the request until, at a minimum, Cyber Ninjas turns over records and Logan gives a deposition.

“The Court and the public would be denied prompt and reasonable resolution of an important public matter,” Kemp wrote.

[LM K]

I've been watching Seinfeld all afternoon.

I can't tell which is funnier: Seinfeld and gang, or my mental image of Logan realizing Judge Hannah means business.

[bob]

I can't tell which is funnier: Seinfeld and gang, or my mental image of Logan realizing Judge Hannah means business.

The FAAFO crowd loves the FA part because they never think about the FO part.

[LM K]

I can't tell which is funnier: Seinfeld and gang, or my mental image of Logan realizing Judge Hannah means business.

The FAAFO crowd loves the FA part because they never think about the FO part.

[raison de arizona]

How many Ls can a lawyer take in one day? Wilenchik asked the Arizona Supreme Court today to stay Hannah's order for sanctions. Supreme Court denied motion within hours.

[Foggy]

This is bringing up fond memories of when Orly Taitz tried the FAAFO on Judge Land in Georgia.

For those not here, he issued an OSC for her to pay $10,000 sanctions for filing a frivolous case. Her reply (written by Charles Lincoln, a whole 'nother story) was so rude (and frivolous) that he doubled it, to $20,000.

She thought she'd just tell him to stuff it, he was in Georgia and she was in SoCal, so what could he do? She mocked him on her blog.

Then the US Attorney's Office slapped a lien on her husband's house.

One of the extremely rare occasions when she actually learned a little bit of law.

[Chilidog]

One thing that I don't get....

Why is Doug Logan SO desperate not to release the financial records of the audit?

The only conclusion that I can come up with is that there were some financial shenanigans involved that broke federal laws.

Was it garden variety cash skimming or something a bit more involved?

Money laundering, maybe?

[Foggy]

Whatever it is, Chilidog, I suspect he thinks the documents would put him behind bars. Or else why take such enormous risks?

[Foggy]

It's telling that the judge said he's seen no evidence that Cyber Ninjas is insolvent. Logan can't show ANY of the financial records, because those things have a very bad habit of leading to other financial records that you REALLY DON'T WANT ANYONE TO SEE.

[Dr. Ken]

This is going to be funny

[Gregg]

They are oh so close...

[LM K]

This is bringing up fond memories of when Orly Taitz tried the FAAFO on Judge Land in Georgia.

For those not here, he issued an OSC for her to pay $10,000 sanctions for filing a frivolous case. Her reply (written by Charles Lincoln, a whole 'nother story) was so rude (and frivolous) that he doubled it, to $20,000.

She thought she'd just tell him to stuff it, he was in Georgia and she was in SoCal, so what could he do? She mocked him on her blog.

Then the US Attorney's Office slapped a lien on her husband's house.

One of the extremely rare occasions when she actually learned a little bit of law.

I missed that!!

[bob]

Off Topic

This is bringing up fond memories of when Orly Taitz tried the FAAFO on Judge Land in Georgia.

For those not here, he issued an OSC for her to pay $10,000 sanctions for filing a frivolous case. Her reply (written by Charles Lincoln, a whole 'nother story) was so rude (and frivolous) that he doubled it, to $20,000.

She thought she'd just tell him to stuff it, he was in Georgia and she was in SoCal, so what could he do? She mocked him on her blog.

Then the US Attorney's Office slapped a lien on her husband's house.

One of the extremely rare occasions when she actually learned a little bit of law.

Taitz then appealed the sanctions, all the way to SCOTUS! When Thomas (the 11th Circuit's justice) denied her stay, Taitz accused SCOTUS' shipping clerks of hiding her filings from Thomas.

The saga ended when Taitz ... just paid the sanctions.

[LM K]

One thing that I don't get....

Why is Doug Logan SO desperate not to release the financial records of the audit?

The only conclusion that I can come up with is that there were some financial shenanigans involved that broke federal laws.

Was it garden variety cash skimming or something a bit more involved?

Money laundering, maybe?

State AND federal government folks who do not want to be linked to the fraudit. I really want to see the emails between Logan and federal officials. Imo, Logan has been pressured to fight any attempts by others to see those records.

[Jim]

This is going to be funny

So the Trump sheeple want their wool back?

[woodworker]

I’m surprised he didn’t let the lawyer who isn’t being paid off the hook. Is this tough love, you made your bed treatment from the judge or to be expected?

No; change of lawyers means delay (and delay always favors a defendant). The opposing party and even the courts have an interest in resolving cases, so a client playing fire-the-latest-lawyer can't game the system.

And the lawyer is presumed to have entered the case with eyes wide open, knowing the possibility could occur. Nobody ordered this lawyer to accept this case.

Especially when the lawyer was an active participant in the antics to create delay by raising frivolous arguments.

And he shouldn't get paid for filing/making frivolous arguments -- call it self sanctioning.

[woodworker]

Doug fired himself.

Response from Cyber Ninjas' Doug Logan's spokesperson when I asked why his attorney referred to him as 'former CEO' in court this morning.

"All employees have been let go and the company is being closed."

Gee, I sure hope he made sure that the corporate veil can't be pierced and he be personally liable for debts. Given how shoddy the CN work was, I would not be at all surprised to find out they it did not comply with the requirements to be a true separate legal entity. That would be so sad.

[RTH10260]

It's telling that the judge said he's seen no evidence that Cyber Ninjas is insolvent. Logan can't show ANY of the financial records, because those things have a very bad habit of leading to other financial records that you REALLY DON'T WANT ANYONE TO SEE.

because ... he didn't pay his accountant and they stopped working for him.

Similar I guess that his former staffers quit and the documents that ought to be written never made an appearance, a total no-show, and a now-show one cannot present to AZ legislators or a court

[woodworker]

Question from an overseas IANAL: does US law allow a company to close and sneak away from oligations? In my corner of the world the last board of directors remains liable for anything that is pending at shutdown.

To expand on another poster's answer above, it is generally extremely easy for shareholders, directors and officers to walk away and leave creditors with little or nothing. That is one of the primary, if not the primary, reason why corporations, LLC/s, etc. exist -- to provide liability protection for a company's shareholders, directors and officers, as long as they follow certain rules.

In our system (USA), the corporation is a completely separate legal entity and its assets and obligations do not track through to shareholders, directors or officers as long as that separate legal identity is maintained. This means, for example, separate bank accounts, no commingling of funds -- THE COMPANY'S MONEY IS THE COMPANY'S MONEY, NOT YOUR PERSONAL CHECKING ACCOUNT, all transactions with related parties are fair and reasonable to the company, the company was adequately capitalized and the directors and officers did whatever due diligence was required in making business decisions and business decisions were made with the best interests of the company being the paramount concern, i.e., the business judgment rule (this is a brief summary).

If these corporate formalities are not followed, a court may "pierce the corporate veil," meaning the company, shareholders, directors and officers lose the protection provided by the company being a separate legal entity and may now be personally liable. This is also referred to the company being the alter-ego of the shareholders, et al, and not truly being a separate entity.

Having said all that, IMO, probably 99% of corporate failures do not result in personal liability.

As to why Logan doesn't want to disclose:

1. CN allegedly raised/was paid in excess of $5,000,000. I can't see any way they legitimately spent that much on the fraudit: Even if they had 50 people reviewing for 40 hours a week, paying $25 an hour for ten weeks, that only comes out to $1 million (not counting CN's share of Social Security, etc. which I doubt they actually paid to the IRS, et al). And I know they didn't have 50 people working their full time and I suspect that many of them were "righteous" volunteers. That leaves over $4 million and even with the cabin in Montana (IIRC), their expensive consultants and their bullshit technical analysis, I just don't see them spending that much legitimately on the fraudit.

2. But I am confident that they spent a lot of fraudit money on other items, expensive lunches and dinners, expensive hotel rooms, new electronic equipment for themselves, "jobs" for family and friends, payoffs, sorry, contributions, to Fann/Rogers/etc., automobile rentals/leases, first class travel. It is amazing how much you can spend for dinner (which must include expensive wines, cognac and cigars) for a party of six at a place like Mortons (eons ago I was being recruited to be general counsel for a start up and witnessed exactly this before saying no). LOGAN CANNOT AFFORD TO LET THOSE TYPES OF EXPENSES BE EXPOSED -- it would help to pierce the corporate veil resulting in Logan being personally on the hook.

3. As I said above, I suspect that CN did not withhold Social Security and other required amounts (those are supposed to be paid throughout the year, not just at the end of the year), so disclosing any such failure could result in criminal charges.

4. Payments to politicians/officials (or their relatives/friends) for no-show jobs might be viewed as bribery, again criminal charges.

5. Payments to oneself (or one's relatives/friends expecting the payments to be partially kicked back) could be viewed as fraud against the company and IF (a big if) a court were to appoint a receiver for the company, the company could sue/file charges against the offending person.

SUMMARY: Logan might be in very deep shit. And that would be so sad.