Archive for February, 2008

To Heidi, the Principals, my Fellow Duckies and all who are interested…

February 28, 2008

First of all, I’m angry.  So, this probably won’t carry the polite tone I try to keep in my normal, everyday interactions with everybody.  Forgive me now and let’s keep it moving.

I can’t thank the principals and others enough for being brave enough to put their names and faces on the fight against Kimkins and I can’t thank the Duck Squad (of which I am proud, card-carrying member!) enough for working hard and never letting up on revealing the lies and providing the information that has been needed to get this case off the ground. That being said, it has come to my attention that at least one of the principal representatives in the consumer fraud class action lawsuit against Kimkins.com and Heidi Diaz has been potentially scrutinized by Heidi and, possibly, her defense team.

I was well aware of the potential for this type of thing and did try to warn anyone who was interested in standing up against Heidi that this might be the case as the court proceedings progressed.  So, rest assured, none of us has gone into this with our eyes closed.

 Still, I have a few things to say.

Heidi, I understand that you are backed into a corner and are trying to strike out any way that you know how.  I can appreciate that.  But I also want to point out that you would not be in the corner you’re in if you hadn’t decided to scam us in the first place.

This lawsuit is not about you cleaning up your act and trying to establish a website and diet plan that follows the rules.  This lawsuit is not about you telling the truth after the fact.  This lawsuit is about the years of lies and web of deceit that you used to cheat desperate, overweight women out of millions of dollars.

I can empathize with the struggles you’ve had in your life and with the gratification that the adulation you received via weight loss messageboards over the last decade or so has provided for you and if you had stopped there, I would have nothing to say to you.  But you crossed a line when you used your lies and deceit to get my money and the money of other people like me.

You committed a crime and your main defense is to blame the victim.  A rape victim’s name can no longer be sullied simply because she wore a short skirt and was in the wrong place at the wrong time.  Neither can the name of any of us Principals be sullied simply because we chose the wrong diet at the wrong time. 

It doesn’t matter how many diets I’ve been on in the past.

It doesn’t matter how much weight I have gained and lost.

It doesn’t matter if my marriage failed.

It doesn’t matter if I have made poor life choices in the past.

It just doesn’t matter. 

Because I am not responsible for your actions.  You are. 

You lied to get money.  You committed consumer fraud in voilation of the business laws in the State and Country in which you reside and it is my intention to see you face litigation through the justice system.

My empathy and sympathy for you begins and ends back in 2005 when you decided to launch Kimkins.com.  You have had numerous opportunities to change the course of what is happening to you.  You made your choice.

John Tiedt informed me that my deposition will take place some time in the near future.  I can’t wait for it.  As you can see, I have plenty to say.

To the Principals, if anybody makes any contact with you, your friends or family in regards to Kimkins.com or Heidi Diaz, refer them to our attorney, John Tiedt.  And if you need anything from me, I am a phone call or email away.

Play nice.

Lawsuit Update

February 22, 2008

1) John Tiedt has now officially taken 2 depositions of Heidi Diaz.

2) John Tiedt has now officially taken 1 deposition of Brandon Diaz

3) We have learned that while Heidi Diaz was profiting from Kimkins through the Women’s World surge et al, she was also still accepting payments and income from SSDI and Medicare.

4) Heidi Diaz is still currently making money and still in business, however we have acquired new information that affirms the belief towards her concealment of assets.

5) We have uncovered evidence of more fraud and false advertising.

6) Brian Pugh is not an attorney, but he is an employee of Bert Cottle, and Brian formed Sharp Plumbing LLC, Halcyon Web LLC and the Beauchamp Trust for Heidi Diaz.  John Tiedt plans to complete a deposition of Brian Pugh in the near future.

7) Bert Cottle has filed a demurrer that we are confident will fail.  In addition, Bert Cottle has put in a motion to set aside the writ of attachment that is in place on Heidi Diaz’s assets.  It is entirely up to the judge and she will hand down her decision after she has reviewed all of the court documents on 3/21/2008.