March 5, 2017 at 7.27 PM
From: Sandra <sandra123@gmail.com>
Date: Sun, Mar 5, 2017 at 7:27 PM
Subject: The truth about Kelley Lynch - website
To: kelley.lynch.2016@gmail.com
Date: Sun, Mar 5, 2017 at 7:27 PM
Subject: The truth about Kelley Lynch - website
To: kelley.lynch.2016@gmail.com
Commentary: sandra123 brought the fact check blog to Lynch's attention. Lynch has informed the Court that she believes this website, asking people to contact Michelle Rice, is being used to influence potential jurors, media outlets, and other third parties. The website is filled with perjured statements and fraudulent legal pleadings. It is nothing other than Leonard Cohen's defense to criminal tax fraud which essentially involves a fraud default judgment and fraudulent restraining orders. This is not brilliant legal maneuvering. The site, evidently approved by Cohen prior to his death, raises issues related to tax fraud. Lynch is privately addressing the extensive fraud on this website with Internal Revenue Service. Lynch misappropriated nothing. Leonard Cohen, on the other hand, has embezzled corporate funds and his "loans," which are no doubt disguised income, have not been repaid.
Is Kelley Lynch's allegation of "tax fraud" against Cohen a sufficient justification for her non-participation in the lawsuit Cohen brought against her for misappropriation of his funds and breach of her fiduciary duties?
No. Lynch repeatedly asserted to Cohen's attorneys that she was not participating in the litigation because of her subjective belief that the whole matter constituted "tax fraud." Lynch claimed to have "reported" Cohen to the IRS in April 2005 and alleged that Cohen filed his lawsuit in August 2005 as retaliation for her report. But attorneys for Cohen believe the evidence suggests Lynch's actual report of Cohen to the IRS was in March 2007, ten months after Cohen's judgment was entered against her, and it resulted in no change in Cohen's income tax returns for any of the years at issue after IRS review.
If Lynch truly believed her allegation of "tax fraud" had any merit, there was nothing precluding Lynch from asserting her claim either as a counterclaim against Cohen's lawsuit, a cross-claim against Westin or as an affirmative defense to Cohen's claims against her.
For a claim of fraud to justify equitable relief from a judgment, the fraud must be extrinsic, meaning the fraud deprived Lynch of her opportunity to present her case in court. Lynch put forth her claim of "tax fraud" in her motion for terminating sanctions. The court denied Lynch's motion stating that she had not demonstrated there was extrinsic fraud and shown no basis to set aside the default judgment.
(See Transcript of June 23, 2015 hearing, Superior Court, State of California, County of Los Angeles, BC338322)
No. Lynch repeatedly asserted to Cohen's attorneys that she was not participating in the litigation because of her subjective belief that the whole matter constituted "tax fraud." Lynch claimed to have "reported" Cohen to the IRS in April 2005 and alleged that Cohen filed his lawsuit in August 2005 as retaliation for her report. But attorneys for Cohen believe the evidence suggests Lynch's actual report of Cohen to the IRS was in March 2007, ten months after Cohen's judgment was entered against her, and it resulted in no change in Cohen's income tax returns for any of the years at issue after IRS review.
If Lynch truly believed her allegation of "tax fraud" had any merit, there was nothing precluding Lynch from asserting her claim either as a counterclaim against Cohen's lawsuit, a cross-claim against Westin or as an affirmative defense to Cohen's claims against her.
For a claim of fraud to justify equitable relief from a judgment, the fraud must be extrinsic, meaning the fraud deprived Lynch of her opportunity to present her case in court. Lynch put forth her claim of "tax fraud" in her motion for terminating sanctions. The court denied Lynch's motion stating that she had not demonstrated there was extrinsic fraud and shown no basis to set aside the default judgment.
(See Transcript of June 23, 2015 hearing, Superior Court, State of California, County of Los Angeles, BC338322)
http://kelleylynchfactcheck.com/
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