Only when business associates and friends googled me and reported some serious, disturbing and blatently false and defamatory stuff about me was turning up, and the woman and her alleged "friends" acting in admitted conspiracy with her making these allegations specifically stating that they were to "destroy" me and see me "in prison", did I decide speak out and to set the record straight. For the record, I would NOT even have written here, had this person not continually written these false and defamatory statements herself for the last three years. If she didn't want me to say anything about her, she ought not have been continually blogging and writing about me.
For years now, I have ignored these same continued statements made by a woman with whom I had only a passing acquaintance some 8 years ago, through a close friend who she hired to consult on an alleged movie she said she was producing. A background check on her that I did revealed she has no experience in the motion picture industry. Her claims of being an "actress" "model" and "author" were equally unsupported. She puffed up having an unworkable, poorly written script (I read it...laughed at how badly done it was) into "a career as a Motion Picture Producer", puffed up being an extra in a commercial into being "an actress on TV" and having some silly way over touched up photos into being "a model."
Further, she genuinely has multiple convictions for Felony crimes of fraud and passing bad checks, these are "crimes of moral turpitude". 4-17: She denies being convicted of "fraud" and calls me a liar for this. The criminal record shows that this person was in fact convicted of the Felony crime in Wyoming of FRAUDULENT CHECKS, DOCKET: 3659, CODE: 260, by JUDGE: HUNTER OFFENSE DATE: 26-OCT-92 COUNTS: 1 SENTENCE PRONOUNCED: 31-MAR-93 SENTENCE EFFECTIVE: 31-MAR-93 SENTENCE TYPE: SUSPENDED NET SENTENCE (MONTHS): 120. So, judge her words accordingly. She ran up literally hundreds of thousands of dollars in debt. My friend became yet another one of these vast debts, based on her repeated promises to pay, which, of course, never happened.
She sued me claiming "Libel", "intentional interference with a contract" (not even a real tort, by the way...) and other silly stuff, for my telling people via a blog/website I used to own about the public record I found. And no, NOBODY else owned that site or contributed to it, despite her paranoid statements, it was just me.
She was forced to "put up or shut up" by Texas District Court and go to trial. Instead of going to trial, she "non-suited" her claims, which means they were dismissed as if they had never been filed. In other words, it is now as if her lawsuit never existed. True, she no longer had attorneys by that time, but this was only because they withdrew after she failed to pay them over $20,000 she owed them. I have the emails from her attorney's to her, which they brought to the Court when asking to withdraw. I was also present in Court that day when her attorneys told the Judge she hadn't paid and were asking to withdraw. She wasn't there, of course. She also has never paid these attorneys either, of course.
3-23: This person now FALSELY alleges that in respect to this specific statement "In one of Rob Moshein's more noteworthy lapses in coherence is in the way he mischaracterizes this event -- The attorney representing me up until the trial date did not withdraw because he did not get paid."
Here is the very 2 page motion with 2 pages of email to support it that her attorneys filed with the District Court and which was granted. Notice clearly the reason given for why they asked to be removed was "The Client has failed to substantially fulfill an obligation to the lawyer regarding the lawyer's services, in this case an obligation to pay the lawyer's fee as agreed..." Notice also that the attorney states clearly she had arranged to wire $20,000 but that she never wired these funds, according to his emails. (apologies the pages are in reverse order)
Now, she calls me a "lying liar" because she had an attorney for ONE LIMITED PURPOSE, to get the trial continued and NO OTHER PURPOSE. That failed. So ask her to explain WHY she had NO ATTORNEY to represent her at trial. IF she "had attorneys up to the date of trial"? One can't have it both ways. SHE HAD NO ATTORNEYS AT TRIAL. IF SHE HAD PAID HER ATTORNEYS AS SHE PROMISED THEM SHE WOULD, THEY WOULD HAVE REPRESENTED HER AT TRIAL. BUT SHE DIDN'T. [I Don't say she "couldn't" , just say that she DIDN'T. Frankly does it matter either way? She seems to think so. Take that into account when you read the rest of her crap] THAT IS THE SALIENT POINT. See above as to why. TWO DIFFERENT JUDGES HEARD HER EXCUSES FOR DELAYING TRIAL, AFTER HER ATTORNEY'S WITHDREW BECAUSE SHE DIDN'T PAY AS PROMISED. BOTH JUDGES HEARD HER EXCUSES AND REFUSED TO ALLOW HER TO DELAY TRIAL FURTHER. WHEN ASKED TO PRODUCE MEDICAL RECORDS TO SUPPORT HER CLAIM OF ALLEGED "ILLNESS", SHE COULD NOT. SHE CAN ONLY BLAME HERSELF OR THE COURT. One wonders which one she will blame. I suspect she will blame the Court for refusing her third and fourth requests to delay trial ( 1- April 5, 2005 2- August 4, 3 -Sept. 22, 4 - Sept 26.)
It seems clear that this person has her own "noteworthy lapses in coherence in the way she mischaracterizes this event --"
3-24: OK, now this woman is truly whacked. Look at this which she posted:
"Two Judges did not deny any Motion for a Continuance “after” the law firm of Foster, Malich & Blair resigned being my attorneys of record.
On August 19, 2005 the Honorable Judge Yelonosky granted the law firm Foster Malich & Blair’s Motion to Withdraw for failure to pay.
September 22, 2005 the law firm of George & Brothers, LLP Motion for Continuance was denied.
September 26th before trial commenced my Motion for a Continuance in Pro Se was denied by the Honorable Judge Gisela D. Triana"
THIS ABOVE IS HER EXACT TEXT.
Follow me here.
8-19 Her attorneys resigned.
9-22 The Hon. Judge Lora Livingston denied her motion for Continuance, made by Boyce Brown of George & Brothers. (That's ONE Judge denying her motion after Foster MALISH (not Malich) & Blair quit.) While she posts this Motion, as if the contents actually "mean" something, they don't, as the MOTION WAS DENIED. The Court heard it, and said NO. She pretends that it means something more than this. It doesn't.
9-26: The Hon Judge Gisela Triana DENIED her motion for Continuance, made in Pro Se.
THAT'S TWO JUDGES who each denied her motions for Continuance, after Foster Malish & Blair quit, YET she says "Two Judges did not deny any Motion for a Continuance “after” the law firm of Foster, Malich & Blair resigned being my attorneys of record. " Worse she accuses me of making up this fact, she wrote "This is a blatant fabrication and self-serving" and yet, her own evidence and her own words prove that it IS IN FACT THE TRUTH. Court records show it is NOT a fabrication as well. Do you yet begin to see how this woman twists and manipulates reality just to accuse me?
Ok, to be fair, she owned up that I was "not lying" about this. Only after I demonstrated in detail the truth, of course. That should speak volumes. HOWEVER, this also clearly shows the extent of how far this person goes to twist and manipulate the facts to accuse me and defame me publicly. This clearly shows her mental state, in my opinion. Frankly, I don't have the time, nor SHOULD I BE REQUIRED TO SPEND IT, continually defending myself against this person's self admitted public lynching of me. OBVIOUSLY, any reader at this point can see the reality for themselves. This is not her first occasion of such blatant and negligent behavior. Clearly, it won't be the last either. Keep this in mind should you read any more of her ravings.
Also, Judge Triana didn't ask for her hospital records. The Hon. Judge Livingston DID on 9-22. She of course didn't know that because she wasn't there. I was. Judge Livingston was angry that the woman NEVER appeared in court, and demanded medical proof from George & Bros. Attorney Mr. Brown as to why she was not at the Hearing on that day. He had nothing to provide. Her failure to appear was one reason among the others given by Judge Livingston when she told the open Court the reasons why she denied the Continuance Motion.
NOW, she is claiming that she can "prove" these insane allegations against me. Rather than "prove" them for real in a Court of Law when she had the chance, she refused. Further, rather than re-file these allegedly "serious" and "provable" allegations, she allowed the Statute of Limitations to elapse, forever preventing her from actually proving these allegations in a real Court. NOW, she tries to use these claims to defame me. Let me be clear, as I said to the Judge in open Court, I spoke only the truth about her, her felony crime convictions and her debts. I have said virtually nothing about her since she nonsuited her claims. LET me repeat that, I HAVE MADE NO PUBLIC STATEMENTS about her on the open internet for some three years now. I refuse to even name her here for this same reason. This blog is specifically aimed only to speak out to those who have read her defamatory statements and address them.
One example: 9-27-2006, published on the net, speaking to me personally: "This is going to court and to trial, make no mistake; all the Court Transcripts are now complete... Expect something to be filed within 10 days, as the legal team has to finish fine tooth combing the remaining pages of transcripts first. But it is going to happen, and then the world will see who is telling the truth" Well, its a whole lot longer than ten days. Its EIGHTEEN MONTHS. Nothing filed. Certainly no apologies for threatening publicly with lawsuits that never happened...
Another publicly published example: 7-6-2007: "why can Rob declare his Austin wine business the “Cellar” as bankrupt leaving behind around a half million in debt". While it is true that I did close my wine shop "The Cellar", I have NEVER declared Bankruptcy, either personally nor for my business, nor did I leave anywhere near $500,000 in debt. THIS IS A FALSE STATEMENT AND IS LIBEL PER SE BECAUSE UNDER TEXAS LAW IT IS LIBEL TO ACCUSE SOMEONE OF BANKRUPTCY WHEN SUCH AS NEVER BEEN FILED. Anyone wishing may certainly avail themselves of the public record in Travis County Texas and will not find any Bankruptcy petition filed by me or my business. Does anyone retract or apologize for this blatantly false statement? Of course not...
LET ME REPEAT: I would NOT even have written here, had this person not continually written her own false and defamatory statements herself and aided and abetted other personae writing "on her behalf" for the last three years. If she doesn't want me to say anything about her, she ought not have been continually blogging and writing about me much less aiding and encouraging others to do so as well.
I am called a "criminal stalker". First, being called a criminal is Libel per se in Texas, since I have never been convicted of ANYTHING worse than one speeding ticket. As for a stalker, well, I have no clue where this woman is, where she lives, and frankly I don't WANT to know, nor can I care less. In the words of one of her attorney's, Dave. S. "the faster that woman is in my rearview mirror the happier I'll be" (yeah I have the email he said that to me in.). I WISH NO CONTACT WITH OR FROM THIS PERSON. The one letter sent to me by her I refused as further evidence I want nothing to do with her. Its a bit hard to stalk someone when you don't even know where they live, not to mention that I don't even care enough to even bother. She joined a history discussion forum (under an alias name) of which I was a member. That forum was a "members only" forum, only registered users could read it, and there were less than 30 such users. The owner of that forum, a published author who I know, had told me directly several times that the woman was never welcomed in her forum. When she openly revealed who she was, I mentioned this to the forum owner, who took steps to remove her, and in fact shut the discussion forum down as a direct result of this that very same day. She now calls this "stalking" on my part. Interestingly, while my statement was not public, since the forum was restricted to only the few members who could read it, she HERSELF now repeats what I said to the entire public.
She claims that I "destroyed her reputation and career". Before a career can be "destroyed" there must first be a "career". Again, this person has NO prior experience as a Producer of movies (much less as a genuine "actress", "model" or published "author"), thus she had no "career" to destroy, except perhaps in her own mind. Perhaps this fact accounts more for what transpired to her than anything else, as her public record is available to anyone who cares to check her out. As for her "reputation", her criminal record and track record of substantial unpaid debt probably speak for themselves.
I do NOT wish this person ill, or harm. Frankly, I do not care. The less I hear about her, the better. That said, no one should ever be subjected to harm or danger. I DO NOT WISH THIS PERSON HARM, nor have I advocated, wished, nor advised anyone to harm her. Such allegations are baseless, wrong and defamatory.
For three years, she claimed I am "about to be arrested" for "crimes" against her. For three years she has said this publicly. The truth is that there are NO CRIMINAL INVESTIGATIONS nor CRIMINAL CHARGES against me nor have there ever been. I have checked my criminal record history with local, state and federal agencies, and all have come back with the same answer. NO, "and if there WERE an investigation, you would know about it." THERE ARE NO OPEN OR PENDING CRIMINAL INVESTIGATIONS ABOUT ME AT THIS TIME. As this woman has said "It is up to law enforcement to decide the merits of my complaint". Law enforcement has clearly decided that her complaint lacks merit utterly, because they have refused to investigate or pursue her "complaint".
I can only hope that anyone who reads her defamatory rantings understands that this woman had her day in Court, and lost. Rather than prove her case to a court, she now rather attempts to convict me in a court of public opinion. She has admitted publicly that she refused to pursue matters legally, and now deliberately attempts to defame me on the internet. This is her stated objective. Judge her statements accordingly.
I have put my name on this, and anyone with questions may contact me directly. I have nothing to hide, and deny each and every allegation made by this woman, or her "friends" on the internet.
Rob Moshein
